Joint resolution making continuing appropriations for the fiscal year 1976, and for other purposes.
PL 94-41 (H.J.Res.499), enacted 06/27/1975

PUBLIC LAW 94-41—JUNE 27, 1975 
89 STAT. 225 
Public Law 94-41 
94th Congress 
Joint Resolution 
Making continuing appropriations for the fiscal year 1976, and for other purposes. 
June 27, 197o 
Resolved 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 appro-
priated, and out of applicable corporate or other revenues, receipts, 
and funds, for the several departments agencies, corporations, and 
other organizational units of the Government for the fiscal year 1976, 
namely : 
SEC. 101. (a) (1) Such amounts as may be necessary for continuing 
projects or activities (not otherwise specifically provided for in this 
joint resolution) which were conducted in the fiscal year 1975 and for 
which appropriations, funds, or other authority would be available in 
the following appropriation Acts for the fiscal year 1976: 
Education Division and Related Agencies Appropriations Act; 
Department of Housing and Urban Development-Independent 
Agencies Appropriation Act, including the limitation on aggre-
gate loans that may be made under section 202 of the Housing Act 
of 1959, as amended; 
Departments of Labor, and Health, Education, and Welfare, 
and Related Agencies Appropriation Act; 
Legislative Branch Appropriation Act; 
Public Works for Water and Power Development and Energy 
Research Appropriation Act; and 
Departments of State, Justice, and Commerce, the Judiciary, 
and Related Agencies Appropriation Act, notwithstanding sec-
tion 15(a) of the Act entitled, "An Act to provide certain basic 
authority for the Department of State", approved August 1,1956, 
as amended, and section 701 of the United States Information and 
Educational Exchange Act of 1948, as amended, 
(2) Appropriations made by this subsection shall be available to the 
extent and in the manner which would be provided by the pertinent 
appropriation Act. 
(3) Whenever the amount which would be made available or the 
authority which would be granted under an Act listed in this sub-
section as passed by the House as of July 1,1975, is different from that 
which would be available or granted under such Act as passed by the 
Senate as of July 1, 1975, the pertinent project or activity shall be 
continued under the lesser amount or the more restrictive authority: 
Provided, That no provision in any appropriation Act for the fiscal 
year 1976, which makes the availability of any appropriation pro-
vided therein dependent upon the enactment of additional authorizing 
or other legislation, shall be effective before the date set forth in sec-
tion 102 (c) of this joint resolution. 
(4) Whenever an Act listed in this subsection has been passed by 
only one House as of July 1,1975, or where an item is included in only 
one version of an Act as passed by both Houses as of July 1, 1975, 
the pertinent project or activity shall be continued under the appro-
priation, fund, or authority granted by the one House, but at a rate 
[HJ. Res. 495'] 
Continuing 
appropriations, 
1976. 
12 use 1701q. 
22 use 2680. 
22 use 1476. 
89 STAT. 226 
PUBLIC LAW 94-41—JUNE 27, 1975 
88 Stat. 1822. 
88 Stat. 822. 
88 Stat. 803. 
Federal Metal 
and Nonmetallic 
Mine Safety 
Board of Review, 
funds, 
prohibition. 
Repeals. 
30 use 721, 
729, 730. 
30 use 731. 
88 Stat. 2179. 
88 Stat. 1212. 
Ante, p. 17. 
22 use 2412. 
22 use 2680. 
88 Stat. 768. 
88 Stat. 613. 
88 Stat. 276. 
for operations not exceeding the current rate or the rate permitted by 
the action of the one House, whichever is lower, and under the author-
ity and conditions provided in applicable appropriation acts for the 
fiscal year 1975: Provided-, That no provision which is included in an 
appropriation Act enumerated in this subsection but which was not 
included in the applicable appropriation Act for 1975, and which 
by its terms is applicable to more than one appropriation, fund, or 
authority shall be applicable to any appropriation, fund, or authority 
provided in this joint resolution unless such provision shall have been 
included in identical form in such bill as enacted by both the House 
and the Senate. 
(b) Such amounts as may be necessary for continuing projects or 
activities (not otherwise provided for in this joint resolution) which 
were conducted in the fiscal year 1975 and are listed in this subsection 
at a rate for operations not in excess of the current rate or the rate 
provided for in the budget estimate, whichever is lower, and under the 
more restrictive authority— 
activities for which provision was made in the Agriculture-
Environmental and Consumer Protection Appropriation Act, 
1975; 
activities for which provision was made in the District of 
Columbia Appropriation Act, 1975; 
activities for which provision was made in the Department of 
Interior and Related Agencies Appropriation Act, 1975: Pro-
mded, That none of the funds made available by this joint resolu-
tion shall be obligated or expended to finance directly or indirectly 
any activities or operations of the Federal Metal and Nonmetallic 
Mine Safety Board of Review: Provided further^ That sections 
2 (e), 10, and 11 of the Federal Metal and Nonmetallic Mine Safety 
Act creating the Board are hereby repealed and section 12 of said 
Act is hereby amended by striking therein all references to "the 
Board" and inserting in lieu thereof "the Secretary of the 
Interior"; 
activities for which provision was made in the Military Con-
struction Appropriation Act, 1975; 
activities for which provision was made in the Department of 
Defense Appropriation Act, 1975; 
activities for which provision was made in the Foreign Assist-
ance and Related Programs Appropriations Act, 1975, notwith-
standing section 10 of Public Law 91-672, and section 15(a) of 
the Act entitled, "An Act to provide certain basic authority for 
the Department of State", approved August 1,1956, as amended; 
activities for which provision was made in the Department 
of Transportation and Related Agencies Appropriation Act, 1975; 
activities for which provision was made in the Treasury, Postal 
Service, and General Government Appropriation Act, 1975, 
including payment to the Postal Service Fund at a rate for each 
quarter of the fiscal year 1976 not to exceed one-quarter of the 
budget estimate for fiscal year 1976 for the appropriation "Pay-
ment to the Postal Service Fund"; 
activities for which provision was made in the Special Energy 
Research and Development Appropriation Act, 1975; 
PUBLIC LAW 94-41—JUNE 27, 1975 
89 STAT. 227 
the following activities for which provision was made in the 
Departments of Labor, and Health, Education, and Welfare 
Appropriation Act, 1975, the Supplemental Appropriations Act, 88 Stat. 1634. 
1975, the Second Supplemental Appropriations Act, 1975, or 88 Stat. 1771; 
Public Law 93-324, and amendments thereto: 
^«^e, p. 173. 
activities under sections 225, 314(e), 317, 318, 319, 329, 88 Stat. 281. 
472(d), and titles VII, VIII, and X of the Public Health 
Service Act, as amended; 
42 U
S
C 234, 
activities under titles II, III, and IV (part B) of the Older 
^46, 247b-247d, 
Americans Act; 
292 296 300 
activities under sections 409 and 410 of the Drug Abuse ^^ use 3011 
Office and Treatment Act of 1972; 
3Q2I 3035. 
activities under section 1113 of the Social Security Act, 21 USC 1176, 
as amended; 
1177. 
activities for grants for the developmentally disabled; 
42 USC 1313. 
activities under the Lead Based Paint Poisoning Preven-
tion Act of 1973; 
42 USC 4801. 
activities of the Corporation for Public Broadcasting; 
activities of the United States Kailway Association; and 
activities of the Appalachian Regional Commission, other than 
those under section 201 of the Appalachian Regional Development 
Act of 1965, as amended. 
40 U
S
C app. 201. 
(c) Such amounts as may be necessary for continuing projects or 
activities for which disbursements are made by the Secretary of the 
Senate, and the Senate items under the Architect of the Capitol, to the 
extent and in the manner which would be provided for in the budget 
estimates for fiscal year 1976. 
(d) Such amounts as may be necessary for continuing the following 
activities, but at a rate for operations not in excess of the budget 
estimate— 
activities of the Menominee Indian restoration program; 
activities necessary for studies related to oil and gas leasing on 
the Outer Continental Shelf; 
activities necessary for Indian contract support; 
activities of the Federal Elections Commission; and 
activities of the Commodity Futures Trading Commission. 
(e) Such amounts as may be necessary for continuing the following 
activities, but at a rate for operations not in excess of the current rate 
unless otherwise provided specifically in this subsection: Provided, 
That the parenthetical clauses of sections 101(a) and 101(b), and the 
provisions of sections 102, 103, and 105 shall not apply to the third, 
seventh, eighth, ninth, tenth, eleventh, and twelfth unnumbered para-
graphs of this subsection— 
activities under section 314(d) of the Public Health Service 
Act, as amended; 
42 USC 246. 
activities under title IV, part A of the Older Americans Act; 42 USC 3031. 
for activities under title IX of the Older Americans Compre-
hensive Services Amendments of 1973, $30,000,000: Provided, 
42 U
S
C 3061. 
That no State receiving funds under this program will receive 
less than the amount received in fiscal year 1975 under title III 
of Public Law 93-203, notwithstanding the provisions of section 29 U
S
C 871. 
906 of Public Law 93-29; 
42 USC 3065. 
activities under the Council on Wage and Price Stability Act; 12 USC 1904 
note. 
89 STAT. 228 
PUBLIC LAW 94-41—JUNE 27, 1975 
29 use 981. 
42 use 630. 
42 use 602. 
42 use 631. 
42 use 603. 
20 use 1087a. 
87 Stat. 746. 
88 Stat. 1634. 
42 use 3246. 
activities of the Commission on Federal Paperwork; 
activities of the Office of Federal Procurement Policy; 
for activities under title VI of the Comprehensive Employ-
ment and Training Act, $1,625,000,000, to remain available until 
June 30, 1976; 
for activities of the Youth Conservation Corps, in addition to 
amounts made available elsewhere in this joint resolution and 
otherwise, an amount of $10,000,000, to remain available until the 
end of the fiscal year following the fiscal year for which appro-
priated : Provided^ That $5,000,000 shall be available to the Sec-
retary of the Interior and $5,000,000 shall be available to the 
Secretary of Agriculture; 
for activities under title IV, part C, of the Social Security Act, 
in addition to amounts made available elsewhere in this joint 
resolution and otherwise, an amount of $70,000,000 for fiscal year 
1976 for carrying out a work incentives program including regis-
tration of individuals for such program, and for related child care 
and supportive services, as authorized by section 402(a) (19) (G) 
of the Act, including transfer to the Secretary of Labor, as 
authorized by section 431 of the Act, which together with the 
previously authorized appropriation for fiscal year 1975, shall be 
the maximum amount available for transfer to the Secretary of 
Labor and to which States may become entitled, pursuant to sec-
tion 403(d) of such Act, for these purposes, for the fiscal year 
1975 and for any period in the prior fiscal year provided the 
prior fiscal year expenditures were claimed on quarterly state-
ments of expenditures received by the Secretary of Health, Edu-
cation, and Welfare prior to February 1,1975; 
for activities under title IV, part C of the Higher Education 
Act to carry out work-study programs, in addition to amounts 
made available elsewhere in this joint resolution and otherwise, 
an amount of $119,800,000, of which $60,000,000 shall remain 
available through September 30,1975, and $59,800,000 shall remain 
available through June 30, 1976: Provided^ That funds appro-
priated in the Departments of Labor, and Health, Education, and 
Welfare Appropriations Acts for the fiscal years ending June 30, 
1974, and June 30, 1975 (Public Laws 9.3-192 and 93-517) for 
the work-study program under part C of title IV of the Higher 
Education Act of 1965, which have been granted to an eligible 
institution whose allocation exceeds the amount needed to operate 
a work-study program during the period for which those funds 
are available, shall remain available to the Commissioner for mak-
ing grants to other eligible institutions until the end of the fiscal 
year succeeding the fiscal year for which such funds are appro-
priated: Provided further^ That any amounts appropriated for 
basic opportunity grants for the fiscal year ending June 30, 1974, 
which are in excess of the amount required to meet the payment 
schedule announced for the academic year 1974-75, shall remain 
available for payments under the payment schedule announced 
for the academic year 1975-76; 
for activities under the heading Job Opportunities program 
pursuant to title X of the Public Works and Economic Develop-
ment Act (Public Law 93-567, December 31, 1974), in addition 
PUBLIC LAW 94-41—JUNE 27, 1975 
89 STAT. 229 
to amounts made available elsewhere in this joint resolution and 
otherwise, an amount of $375,000,000, to remain available until 
December 31, 1975: Promded, That not to exceed $1,120,000 may 
be used for administrative expenses: Provided further^ That 
$1,000,000 shall be available until expended, and shall be trans-
ferred to "Regional Development Programs", Regional Action 
Planning Commissions, to carry out programs authorized by 
title V of the Public Works and Economic Development Act of 
1965, as amended; 
42 USC 3181. 
for activities under the heading Rural Water and Waste Dis-
posal Grants pursuant to sections 306(a)(2) and 306(a)(6) of 
the Consolidated Farm and Rural Development Act, as amended 
(7 U.S.C. 1926), in addition to amounts made available elsewhere 
in this joint resolution and otherwise, an amount of $150,000,000 to 
remain available until expended, pursuant to section 306(d) of the 
above Act; 
The following activities for which provision was made in the 
Agriculture-Environmental and Consumer Protection Appropria-
tion Act, 1975: 
88 Stat. 1822,. 
payments to States and Possessions by the Agricultural 
Marketing Service; 
activities of the agricultural conservation program, the 
forestry incentives program, and the Water Bank Act 16 USC 1301 
program; 
"
o
*
®
-
activities of the Farmers Home Administration pertaining 
to rural housing for domestic farm labor, and mutual and 
self-help housing; 
food programs under section 32 of the Act of August 24, 
1935, and section 416 of the Agricultural Act of 1949, as 7 U
S
C 612c. 
amended, including cost-of-living increases mandated by law 7 USC 1431. 
and the School Breakfast program; 
activities of the Federal Energy Administration as they relate 
to the petroleum allocation program; 
activities of the legal services program; and 
notwithstanding the sixth clause of subsection (b) of this sec-
tion, activities of the Department of State for assistance to 
refugees from the Soviet Union shall be funded at not to exceed an 
annual rate for obligations of $20,000,000, notwithstanding section 
15 (a) of the Act entitled, "An Act to provide certain basic author-
ity for the Department of State", approved August 1, 1956, as 
amended, and section 10 of Public Law 91-672; notwithstanding 22 U
S
C 2680. 
the sixth clause of subsection (b) of this section, activities of the 22 U
S
C 2412. 
Department of Health, Education, and Welfare for assistance to 
refugees in the United States (Cuban Program) shall be funded 
at not to exceed the annual rate for obligations of $90,000,000. 
(f) Such amounts as may be necessary to permit payments and 
assistance mandated by law for the following activities which were 
conducted in fiscal year 1975— 
activities under the Railroad Retirement Act, as amended; 
activities under title XVI of the Social Security Act, as 
amended; 
activities under the Food Stamp Act, the Child Nutrition Act, 
and the School Lunch Act, as amended, except for section 17(b) 
of the Child Nutrition Act of 1966; 
48 Stat. 1283. 
42 USC 1381. 
7 USC 2011 note, 
42 USC 1771 
note. 
42 USC 1751 
note. 
42 USC 1786. 
89 STAT. 230 
PUBLIC LAW 94-41—JUNE 27, 1975 
30 use 801 note. 
Standard level 
user charges, 
limitation. 
40 use 490. 
retirement pay and medical benefits for commissioned officers of 
the Public Health Service; 
grants to States for public assistance; 
activities under the Federal Coal Mine Health and Safety Act 
of 1969, as amended; and 
activities funded from the fiscal year 1975 appropriation to the 
Department of Labor, Employment Standards Administration, 
for "special benefits". 
(g) Applicable appropriations made by this joint resolution shall 
not be available for paying to the Administrator of the General Serv-
ices Administration in excess of 90 per centum of the standard level 
user charge established pursuant to section 210 (j) of the Federal Prop-
erty and Administrative Services Act of 1949, as amended, for space 
and services. 
SEC. 102. Appropriations and funds made available and authority 
granted pursuant to this joint resolution shall be available from July 1, 
1975, and shall remain available until (a) enactment into law of an 
appropriation for any project or activity provided for in this joint 
resolution, or (b) enactment of the applicable appropriation Act by 
both Houses without any provision for such project or activity, or (c) 
sine die adjournment of the first session of the Ninety-fourth Congress, 
whichever first occurs. 
SEC. 103. Appropriations and funds made available or authority 
granted pursuant to this joint resolution may be used without regard 
to the time limitations for submission and approval of apportionments 
set forth in 31 U.S.C. 665(d) (2), but nothing herein shall be construed 
to waive any other provision of law governing the apportionment 
of funds. 
SEC. 104. Appropriations made and authority granted pursuant to 
this joint resolution shall cover all obligations or expenditures incurred 
for any project or activity during the period for which funds or 
authority for such project or activity are available under this joint 
resolution. 
SEC. 105. Expenditures made pursuant to this joint resolution shall 
be charged to the applicable appropriation, fund, or authorization 
whenever a bill in which such applicable appropriation, fund, or 
authorization is contained is enacted into law. 
SEC. 106. No appropriation or fund made available or authority 
granted pursuant to this joint resolution shall be used to initiate or 
resume any project or activity for which appropriations, funds, or 
other authority were not available during the fiscal year 1975. 
SEC. 107. Any appropriation for the fiscal year 1976 required to be 
apportioned pursuant to 31 U.S.C. 665, may be apportioned on a basis 
indicating the need (to the extent any such increases cannot be 
absorbed within available appropriations) for a supplemental or 
deficiency estimate of appropriation to the extent necessary to permit 
payment of such pay increases as may be granted pursuant to law 
to civilian officers and employees and to active and retired military 
personnel. Each such appropriation shall otherwise be subject to the 
requirements of 31 U.S.C. 665. 
SEC. 108. All obligations incurred in anticipation of the appropria-
tions and authority provided in this joint resolution are hereby 
ratified and confirmed if otherwise in accordance with the provisions 
of this joint resolution. 
PUBLIC LAW 94-41—JUNE 27, 1975 
SEC. 109. None of the funds herein made available shall be obligated 
or expended to finance directly or indirectly any assistance to North 
Vietnam, South Vietnam, Cambodia, or Laos, nor shall any funds 
herein made available be channeled through or administered by inter-
national organizations. United Nations organizations, multilateral 
organizations, voluntary agencies, or any other comparable organiza-
tions or agencies in order to finance any assistance to North Vietnam, 
South Vietnam, Cambodia, or Laos. 
SEC, 110. Any provision of law which requires unexpended funds to 
return to the general fund of the Treasury at the end of the fiscal year 
shall not be held to affect the status of any lawsuit or right of action 
involving the right to those funds. 
SEC. 111. Unobligated balances as of June 30, 1975, of funds here-
tofore made available under the authority of Chapter X of Part I of 
the Foreign Assistance Act of 1961, as amended, are hereby continued 
available for the same general purposes for which appropriated. 
Approved June 27, 1975. 
89 STAT. 231 
Southeast Asia, 
assistance, 
prohibition of 
funds. 
22 u s e 2293. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 94-289 (Comm. on Appropriations). 
SENATE REPORT No. 94-201 (Comm. on Appropriations). 
CONGRESSIONAL RECORD, Vol. 121 (1975): 
June 17, considered and passed House. 
June 19, considered and passed Senate, amended. 
June 20, House concurred in Senate amendments.