Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1989
PL 100-436 (H.R.4783), enacted 09/20/1988

102 STAT. 1680 
PUBLIC LAW 100-436—SEPT. 20, 1988 
Public Law 100-436 
100th Congress 
An Act 
Sept. 20, 1988 
[H.R. 4783] 
Departments of 
Labor, Health 
and Human 
Services, and 
Education, and 
Related 
Agencies 
Appropriations 
Act, 1989. 
Department of 
Labor 
Appropriations 
Act, 1989. 
Making appropriations for the Departments of Labor, Health and Human Services, 
and Education, and related agencies, for the fiscal year ending September 30,1989, 
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 
Hum£in Services, and Education, and related agencies for the fiscal 
year ending September 30, 1989, and for other purposes, namely: 
TITLE I—DEPARTMENT OF LABOR 
EMPLOYMENT AND TRAINING ADMINISTRATION 
PROGRAM ADMINISTRATION 
For expenses of administering emplo3mient and training pro-
grams, $71,638,000 together with not to exceed $48,906,000 which 
may be expended from the Emplo3mient Security Administration 
account in the Unemplo3mient Trust Fund. 
TRAINING AND EMPLOYMENT SERVICES 
For expenses necessary to carry into effect the Job Training 
Partnership Act, including the purchase and hire of passenger 
motor vehicles, $3,709,800,000, plus reimbursements, to be available 
for obligation for the period July 1, 1989, through June 30, 1990, of 
which $59,713,000 shall be for carrying out section 401, $69,372,000 
shall be for carrying out section 402, $9,633,000 shall be for canying 
out section 441, $2,000,000 shall be for the National Commission for 
Emplojnnent Policy, $4,000,000 shall be for all activities conducted 
by and through the National Occupational Information Coordinat-
ing Committee under the Job Training Partnership Act, and 
$6,000,000 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 25103) of the Act 
and $36,000,000 shall be used to continue acquisition, rehabilitation, 
and construction of six new Job Corps centers; and, in addition, 
$9,500,000 is appropriated for activities authorized by title VII, 
subtitle C of the Stewart B. McKinney Homeless Assistance Act, of 
which $1,900,000 shall be for carrying out section 738 of the Act: 
Provided, That no funds from any other appropriation shall be used 
to provide meal services at or for Job Corps centers. 
For necessary expenses of construction, rehabilitation, and ac-
quisition of Job Corps centers as authorized by the Job Training 
Partnership Act, $63,916,000, to be available for obligation for the 
period July 1,1989 through June 30,1992. 
PUBLIC LAW 100-436—SEPT. 20, 1988 
102 STAT. 1681 
For activities authorized by sections 236, 237, and 238 of the Trade 
Act of 1974, as amended, including necessary related administrative 
expenses, $47,870,000, in accordance with section 1424 of H.R. 4848 
as passed the Senate on August 3,1988. 
Of the funds provided under this heading in the Department of 
Labor Appropriations Act, 1988, for necessary expenses of construc-
tion, rehabilitation, and acquisition of Job Corps centers, not to 
exceed $30,000,000, may be expended as necessary, for center oper-
ations to maintain existing Job Corps centers and current enroll-
ment levels. Such funds for center operations shall be available for 
obligation for the period July 1, 1988 through June 30, 1989. Such 
transfer shall in no way reduce the obligation of the Department of 
Labor to comply with the provisions of Public Law 100-202 for the 
rehabilitation and relocation of existing centers and the expeditious 
obligation of funds for the planning and construction of new centers. 
The Congress recognizes the need to prepare the Nation's 
workforce for the more complex work environment of the United 
States post-industrial economy. The Congress is concerned with the 
findings of the Office of Technology Assessment that 25 million 
workers will have to upgrade their job skills by the end of this 
century. Accordingly, the Congress directs the Secretary to give 
priority to funding pilots and demonstrations and research, develop-
ment, and evaluation programs that will address this urgent 
National priority. 
Further, in recognition that upgrading the skills of 25,000,000 
workers cannot be achieved with current methods of teaching, the 
Congress directs the Secretary to fund from the available National 
activities program funds research and development projects using 
interactive laser-videodisc technology course materials that are 
specifically designed to upgrade "workplace literacy". 
Science and 
technology. 
Research and 
development. 
Employment 
and 
unemployment. 
COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS 
To carry out the activities for national grants or contracts with 
public agencies and public or private nonprofit organizations under 
paragraph (1)(A) of section 506(a) of title V of the Older Americans 
Act of 1965, as amended, $271,440,000. 
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, $76,560,000. 
FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES 
For payments during the current fiscal year of benefits and 
payments as authorized by title II of Public Law 95-250, as 
amended, and of trade adjustment benefit payments and allowances, 
as provided by law (part I, subchapter B, chapter 2, title II of the 
Trade Act of 1974, as amended), $134,000,000, together with such 
amounts as may be necessary to be charged to the subsequent 
appropriation for payments for any period subsequent to September 
15 of the current year: Provided, That amounts received or recov-
ered pursuant to section 208(e) of Public Law 95-250 shall be 
available for pajmients. 
102 STAT. 1682 
PUBLIC LAW 100-436—SEPT. 20, 1988 
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(a)(lXE)); 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 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(aX15XH)(ii), 
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, 
$22,833,000, together with not to exceed $2,479,714,000 which may be 
expended from the Employment Security Administration account in 
the Unemployment Trust Fund, and of which the sums available in 
the basic Eillocation 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 carr3dng out 5 U.S.C. 8501-8523, shall be available for obligation 
by the States through December 31, 1989, and of which $21,733,000 
together with not to exceed $751,296,000 of the amount which may 
be expended from said trust fund shall be available for obligation for 
the period July 1, 1989, through June 30, 1990, to fund activities 
under section 6 of the Act of June 6,1933, as amended, including the 
cost of penalty mail made available to States in lieu of allotments 
for such purpose and of which $157,479,000 (including not to exceed 
$3,000,000 which may be used for amortization payments to States 
which had independent retirement plans in their State emplo3anent 
service agencies prior to 1980) shall be available only to the extent 
necessary to administer unemployment compensation laws to meet 
increased costs of administration resulting from changes in a State 
law or increases in the number of unemployment insurance claims 
filed and claims paid or increased salary costs resulting from 
changes in State salary compensation plans embracing employees of 
the State generally over those upon which the State's basic alloca-
tion was based, which cannot be provided for by normal budgetary 
adjustments based on State obligations as of December 31, 1989. 
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(c)(1) of the Internal Revenue CJode of 1954, 
as amended; and for nonrepayable advances to the Unemployment 
Trust Fund as authorized by section 8509 of title 5, United States 
Code, £md to the "Federal unemployment benefits and allowances" 
account, to remain available until September 30, 1990; $124,000,000. 
PUBLIC LAW 100-436—SEPT. 20, 1988 
102 STAT. 1683 
LABOR-MANAGEMENT SERVICES 
,; 
SALARIES AND EXPENSES 
For 
necessary 
expenses 
for 
Labor-Management 
Services, 
$73,059,000, of which $5,000,000 for a pension plan data base shall 
remain available until September 30,1990. 
* 
~ 
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, 1989, 
for such Corporation: Provided, That not to exceed $41,232,000 shall 
be available for administrative expenses of the Corporation: Pro-
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 Emplo5mient Standards Adminis-
tration, including reimbursement to State, Federal, and local agen-
cies and 
their 
employees for 
inspection 
services 
rendered, 
$214,489,000 together with $526,000 which may be expended from 
the Special Fund in accordance with sections 39(c) and 44(j) of the 
Longshore and Harbor Workers' Compensation Act. 
SPECIAL BENEFITS 
(INCLUDING TRANSFER OF FUNDS) 
For the payment of compensation, benefits, and expenses (except 
administrative expenses) accruing during the current or any prior 
fiscal year authorized by title 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' Compensation 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 benefits required by section 10(h) of the 
Longshore and Harbor Workers' Compensation Act, as amended, 
$255,000,000, together with such amounts as may be necessary to be 
charged to the subsequent year appropriation for the payment of 
compensation and other benefits for any period subsequent to 
September 15 of the current year: Provided, "That in addition there 
102 STAT. 1684 
PUBLIC LAW 100-436—SEPT. 20, 1988 
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, 
1989. 
BLACK LUNG DISABILITY TRUST FUND 
(INCLUDING TRANSFER OF FUNDS) 
For pa5mients from the Black Lung Disability Trust Fund, 
$690,757,000, of which $633,435,000 shall be available until Septem-
ber 30, 1990, for payment 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 $30,210,000 shall be available for transfer to 
Employment Standards Administration, Salaries and Expenses, and 
$26,597,000 for transfer to Departmental Management, Salaries and 
Expenses, and $515,000 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 pa5anent of compensation or other benefits for any 
period subsequent to June 15 of the current year: Provided further. 
That in addition, such amounts shall be paid from this fund into 
miscellaneous receipts as the Secretary of the Treasury determines 
to be the administrative expenses of the Department of the Treasury 
for administering the fund during the current fiscal year, as 
authorized by section 9501(dX5XB) of that Act. 
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION 
SALARIES AND EXPENSES 
For necessary expenses for the Occupational Safety and Health 
Administration, $247,517,000, including not to exceed $43,000,000, 
which shall be the maximum amount available for grants to States 
under section 23(g) of the Occupational Safety and Health Act, 
which grants shall be no less than fifty percent of the costs of State 
occupational safety and health progrsuns required to be incurred 
under plans approved by the Secretary under section 18 of the 
Occupational Safety and Health Act of 1970: Provided, That none of 
the funds appropriated under this paragraph shall be obligated or 
expended for the assessment of civil penalties issued for first in-
stance violations of any standard, rule, or regulation promulgated 
under the Occupational Safety and Health Act of 1970 (other than 
serious, willful, or repeated violations under section 17 of the Act) 
resulting from the inspection of any establishment or workplace 
subject to the Act, unless such establishment or workplace is cited, 
on the basis of such inspection, for ten or more violations: Provided 
further. That none of the funds appropriated under this paragraph 
shall be obligated or expended to prescribe, issue, administer, or 
enforce any standard, rule, regulation, or order under the Occupa-
tionsd 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 em-
ployees: Provided further. That none of the funds appropriated 
under this paragraph shall be obligated or expended to prescribe, 
issue, administer, or enforce any standard, rule, regulation, order or 
•:md^: 
PUBLIC LAW 100-436—SEPT. 20, 1988 
102 STAT. 1685 
administrative action under the Occupational Safety and Health 
Act of 1970 affecting any work activity by reason of recreational 
hunting, shooting, or fishing: Provided further, That no funds appro-
priated under this paragraph shall be obligated or expended to 
administer or enforce any standard, rule, regulation, or order under 
the Occupational Safety and Health Act of 1970 with respect to any 
employer of ten or fewer employees who is included within a 
category having an occupational injury lost work day case rate, at 
the most precise Standard Industrial Classification Code for which 
such data are published, less than the national average rate as such 
rates are most recently published by the Secretary, acting through 
the Bureau of Labor Statistics, in accordance with section 24 of that 
Act (29 U.S.C. 673), except— 
(1) to provide, as authorized by such Act, consultation, 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 complaint, to issue a citation for violations found 
during such inspection, and to assess a penalty for violations 
which are not corrected within a reasonable abatement period 
and for any willful violations found; 
(3) to take any action authorized by such Act with respect to 
imminent dangers; 
(4) to take any action authorized by such Act with respect to 
health hazards; 
(5) to take any action authorized by such Act with respect to a 
report of an employment accident which is fatal to one or more 
employees or which results in hospitalization of five or more 
employees, and to take any action pursuant to such investiga-
tion authorized by such Act; and 
(6) to take any action authorized by such Act with respect to 
complaints of discrimination against employees for exercising 
rights under such Act: 
Provided further, That the foregoing proviso shall not apply to any 
person who is engaged in a farming operation which does not 
maintain a temporary labor camp and employs ten or fewer em-
ployees: Provided further, That none of the funds appropriated 
under this paragraph shall be obligated or expended for the proposal 
or assessment of any civil penalties for the violation or alleged 
violation by an employer of ten or fewer employees of any standard, 
rule, regulation, or order promulgated under the Occupational 
Safety and Health Act of 1970 (other than serious, willful or re-
peated violations and violations which pose imminent danger under 
section 13 of the Act) if, prior to the inspection which gives rise to 
the alleged violation, the employer cited has (1) voluntarily re-
quested consultation under a program operated pursuant to section 
7(cXl) or section 18 of the Occupational Safety and Health Act of 
1970 or from a private consultative source approved by the Adminis-
tration and (2) had the consultant examine the condition cited and 
(3) made or is in the process of making a reasonable good faith effort 
to eliminate the hazard created by the condition cited as such, which 
was identified by the aforementioned consultant, unless changing 
circumstances or workplace conditions render inapplicable the 
advice obtained from such consultants: Provided further. That none 
of the funds appropriated under this paragraph may be obligated or 
expended for any State plan monitoring visit by the Secretary of 
Labor under section 18 of the Occupational Safety and Health Act of 
102 STAT. 1686 
PUBLIC LAW 100-436—SEPT. 20, 1988 
1970, of any factory, plant, establishment, construction site, or other 
area, workplace or environment where such a workplace or environ-
ment has been inspected by an employee of a State acting pursuant 
to section 18 of such Act within the six months preceding such 
inspection: Provided further. That this limitation does not prohibit 
the Secretary of Labor from conducting such monitoring visit at the 
time and place of an inspection by an employee of a State acting 
pursuant to section 18 of such Act, or in order to investigate a 
complaint about State program administration including a failure to 
respond to a worker complaint regarding a violation of such Act, or 
in order to investigate a discrimination complaint under section 
11(c) of such Act, or as part of a special study monitoring program, 
or to investigate a fatality or catastrophe. 
MINE SAFETY AND HEALTH ADMINISTRATION 
SALARIES AND EXPENSES 
For necessary expenses for the Mine Safety and Health Adminis-
tration, $164,597,000, 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 
training 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 ex-
pended 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-
ing advances or reimbursements to State, Federal, and local agen-
cies and their employees for services rendered, $190,397,000, of 
which $2,829,000 shall be for expenses of revising the Standard 
Industrial Classification, together with not to exceed $46,323,000, 
which may be expended from the Emplojrment Security Administra-
tion account in the Unemployment Trust Fund: Provided, That 
$3,550,000 shall remain available until September 30,1990. 
DEPARTMENTAL MANAGEMENT 
SALARIES AND EXPENSES 
For necessary expenses for Departmental Management, including 
the hire of 5 sedans, and including $2,468,000 for the President's 
PUBLIC LAW 100-436—SEPT. 20, 1988 
102 STAT. 1687 
Ck)mmittee on Employment of the Handicapped, $117,839,000, to-
gether with not to exceed $285,000 which may be expended from the 
Employment Security Administration account in the Unemploy-
ment Trust Fund. 
ASSISTANT SECRETARY FOR VETERANS EMPLOYMENT AND TRAINING 
\ 
Not to exceed $159,406,000 may be derived from the Employment 
Security Administration account in the Unemployment Trust Fund 
to carry out the provisions of 38 U.S.C. 2001-08 and 2021-26. 
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, 
$39,997,000, together with not to exceed $5,701,000, 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 imder 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. None of the funds appropriated in this Act shall be 
obligated or expended for the purpose of closing any Job Corps 
Center operating under part B of title IV of tiie Job Training 
Partnership Act prior to July 1,1989. 
SEC. 104. 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. 105. None of the funds appropriated in this Act shall be used 
by the Job Corps prc^am 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 pubUc defender is not avaUable. 
This title may be cited as the "Department of Labor Appropria-
tions Act, 1989". 
102 STAT. 1688 
PUBLIC LAW 100-436—SEPT. 20, 1988 
Department of 
Health and 
Human Services 
Appropriations 
Act, 1989. 
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, XVI, and XXIII of the 
Public Health Service Act, section 427(a) of the Federal Coal Mine 
Health and Safety Act, title V and section 1110 of the Social 
Security Act, and title IV of the Health Care Quality Improvement 
Act of 1986, as amended, $1,632,584,000, of which not to exceed 
$900,000, to remain available until expended, shall be available for 
renovating the Gillis W. Long Hansen's Disease Center, 42 U.S.C. 
247e, and of which $500,000 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 $4,000,000 shall be made available until expended to make 
grants under section 161O0t)) of the Public Health Service Act for 
renovation or construction of non-acute care intermediate and long 
term care facilities for AIDS patients and of which $20,800,000 shall 
be available for an infant mortality initiative funded through the 
community health centers and migrant health centers: Provided, 
That grants made under the Excellence in Minority Health Edu-
cation and Care Act shall be awarded competitively and, notwith-
standing section 788A, any university which awards a graduate 
degree in the health professions and which has a majority enroll-
ment of minority students shall be eligible to apply and compete for 
a grant: Provided further, That 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 program for any Federal department or agency, payment for 
the full estimated cost shall be made by way of reimbursement or in 
advances to this appropriation: Provided further. That during fiscal 
year 1989, and within the resources and authority available under 
section 338 of the Public Health Service Act, gross obligations for 
the principal amount of direct loans under sections 335(c), 338C(eXl), 
and 338E of that Act shall not exceed $500,000. 
MEDICAL FACIUTIES GUARANTEE AND LOAN FUND 
FEDERAL INTEREST SUBSIDIES FOR MEDICAL FACIUTIES 
For carrying out subsections (d) and (e) of section 1602 of the 
Public Health Service Act, $21,600,000, together with any amounts 
received by the Secretary in connection with loans and loan guar-
antees under title VI of the Public Health Service Act, to be 
available without fiscal year limitation for the pa5anent of interest 
subsidies. During the fiscal year, no commitments for direct loans or 
loan guarantees shall be made. 
PUBLIC LAW 100-436—SEPT. 20, 1988 
102 STAT. 1689 
CENTERS FOR DISEASE CONTROL 
DISEASE CX)NTROL, 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 aircraft, $993,830,000, 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 pa)mient 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 
sjrphilis initiated in Tuskegee, Alabama, in 1932, in such amounts 
and subject to such terms and conditions as prescribed by the 
Secretary of HesQth and Human Services and for pajmient, in such 
amounts and subject to such terms and conditions, of such costs and 
expenses hereaifter incurred by or on behalf of such person's wife or 
offspring determined by the Secretary to have suffered injury or 
disease from sjrphilis 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 remsdn available until expended: Provided 
further, 
That in addition to amounts provided herein, up to 
$12,486,000 shall be available from amounts available under section 
2313 of the Public Health Service Act, to carry out the National 
Health and Nutrition Examination Survey: Provided further. That 
employees of the Public Health Service, both civilian and Commis-
sioned Officer, detailed to States or municipalities as assignees 
under authority of section 214 of the Public Health Service Act in 
the instance where in excess of 50 percent of salaries and benefits of 
the assignee is paid directly or indirectly by the State or municipal-
ity shall be treated as non-Federal employees for reporting purposes 
only. In addition, the full-time equivalents for oiganizations within 
the Department of Health and Human Services shall not be reduced 
to accommodate implementation of this provision: Provided further. 
That the office building at the Centers for Disease Control (CDC) 
Clifton Road site in Atlanta, Georgia and the laboratory faciliW in 
Chamblee, Georgia, referred to in the CEHTEBS FOR DISEASE CON-
TROL—DISEASE CONTROL, RESEARCH AND TRAINING APPROPRIATION 
appearing in title II of the Departments of Labor, Health and 
Human Services, and Education, and Related Agencies Appropria-
tion Act for the fiscal year ending September 30, 1988, Public Law 
100-202, December 22, 1987, 101 Stat. 1329-264—1329-265, shall be 
constructed in conformity with design plsms prepared bv the CDC, 
and shall be acquired witiiout regard to the provisions of the Public 
Buildings Act of 1959 regarding prospectus approval by lease-pur-
chase contracts entered into by the General Services Administration 
prior to their construction using funds appropriated annually to 
GrSA from the Federal Buildings Fund for the rental of si>ace which 
102 STAT. 1690 
PUBLIC LAW 100-436—SEPT. 20, 1988 
shall hereafter be available for this purpose. The contracts shall 
provide for the pa5niient of the purchase price and reasonable 
interest thereon by lease or installment payments over a period not 
to exceed 30 years. The contracts shall futher provide that title to 
the buildings shall vest in the United States at or before expiration 
of the contract term upon fulfillment of the terms and conditions of 
the contracts. The Federal Buildings Fund shall be reimbursed from 
the annual appropriations to the CENTERS FOR DISEASE CONTROL— 
DISEASE CONTROL, RESEARCH, AND TRAINING (or any other appropria-
tion hereafter made available to the CDC for construction of facili-
ties) and such appropriations shall be hereafter available for the 
purpose of reimbursing the Federal Buildings Fund. Obligations of 
funds under these transactions shall be limited to the current fiscal 
year for which payments are due without regard to 31 U.S.C. 
sections 1502 and 1341(a)(1)(B). 
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, $1,593,536,000; of which at least 
$75,000,000 shall be available only for cancer prevention and control 
and $2,500,000, to remain available until expended, shall be avail-
able only for the Frederick Cancer Research Facility. 
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 cardiovascular, lung, and blood 
diseases, and blood and blood products, $1,059,303,000. 
NATIONAL INSTITUTE OF DENTAL RESEARCH 
For carrying out section 301 and title IV of the Public Health 
Service Act with respect to dental diseases, $132,578,000. 
SEC. 200. None of the funds contained in this Act shall be used to 
compel any action in violation of section 401 Ot)) and (c) of Public Law 
93-45. 
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, $567,158,000. 
NATIONAL INSTITUTE OF NEUROLOGICAL AND COMMUNICATIVE 
DISORDERS AND STROKE 
For carrying out section 301 and title IV of the Public Health 
Service Act with respect to neurological and communicative dis-
orders and stroke, $573,978,000 of which up to $96,100,000 as the 
Secretary may determine to be appropriate, shall be transferred to 
the National Institute on Deafness and Other Communication Dis-
orders upon being enacted into law. 
PUBLIC LAW 100-436—SEPT. 20, 1988 
102 STAT. 1691 
NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES 
For carrying out section 301 and title IV of the Public Health 
Service Act with respect to allergy and infectious diseases, 
$754,084,000. 
NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES 
For canying out section 301 and title IV of the Public Health 
Service Act with respect to general medical sciences, $690,653,000. 
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, 
$431,388,000. 
NATIONAL EYE INSTITUTE 
For canning out section 301 and title IV of the Public Health 
Service Act with respect to eye diseases and visual disorders, 
$234,218,000. 
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES 
For carrying out sections 301 and 311 and title IV of the Public 
Health Service Act with respect to environmental health sciences, 
$226,168,000. 
NATIONAL ENSTTTUTE ON AGING 
For canying out section 301 and title IV of the Public Health 
Service Act with respect to aging, $225,578,000. 
NATIONAL INSTITUTE OF ARTHRITIS AND MUSCULOSKELETAL AND SKIN 
DISEASES 
For carrying out section 301 and title IV of the Public Health 
Service Act with respect to arthritis, and musculoskeletal and skin 
diseases, $161,931,000. 
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, $362,987,000, of which $5,000,000 shall remain avail-
able untU expended to provide for the repair, renovation, moderniza-
tion, and expansion of existing facilities and purchase of associated 
equipment, and to make grants and enter into contracts for such 
purposes: Provided, That none of these funds, with the exception of 
funds for the Minority Biomedical Research Support pr(^am, 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 canying out section 301 and title IV of the Public Health 
Service Act with respect to nursing research, $29,500,000. 
102 STAT. 1692 
PUBLIC LAW 100-436—SEPT. 20, 1988 
JOHN E. FOGARTY INTERNATIONAL CENTER 
For carrying out the activities at the John E. Fogarty Inter-
national Center, $16,074,000, of which $1,852,000 shall be available 
for pa5mient to the Gorgas Memorial Institute for maintenance and 
operation of the Gorgas Memorial Laboratory. 
NATIONAL UBRARY OF MEDICINE 
For carr3dng out section 301 and title IV of the Public Health 
Service Act with respect to health information communications, 
$74,626,000. 
OFFICE OF THE DIRECTOR 
For carrying out the responsibilities of the Office of the Director, 
National Institutes of Health, $73,078,000 including purcheise of not 
to exceed five passenger motor vehicles for replacement only. 
BUILDINGS AND FACIUTIES 
For construction of, and acquisition of equipment for, facilities of 
or used by the National Institutes of Health, $39,000,000, to remain 
available until expended. 
AIDS. 
Notwithstanding any other provision of this Act, AIDS education 
programs funded by the Centers for Disease Control and other 
education curricula funded under this Act dealing with sexual 
activity— 
(1) shall not be designed to promote or encourage, directly, 
intravenous drug abuse or sexual activity, homosexual or 
heterosexual, and 
(2) in addition, 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 
i 
promiscuous sexual activity and intravenous drug abuse. 
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, and the 
Protection and Advocacy for Mentally 111 Individuals Act of 1986, 
$1,581,691,000 of which $4,787,000 shall be available, on a pro rata 
basis, for grants to the States for State comprehensive mental 
health services plans pursuant to title V of Public Law 99-660 (100 
Stat. 3794-3797), of which $200,000 for renovation of government 
owned or leased intramursd research facilities shall remain avail-
able until expended. 
FEDERAL SUBSIDY FOR SAINT EUZABETHS HOSPITAL 
To carry out the Saint Elizabeths Hospital and District of Colum-
bia Mental Health Services Act, $24,000,000 which shall be available 
in fiscal year 1989 for pajnnents to the District of Columbia as 
authorized by section 9(a) of the Act: Provided, That any amounts 
PUBLIC LAW 100-436—SEPT. 20, 1988 
102 STAT. 1693 
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(f)(2) of the Act shall be returned to the 
Treasury. 
In fiscal year 1989 and thereafter, the maximum amount avail- 24 USC I70a. 
able to Saint Elizabeths Hospital from Federal sources shall not 
exceed the total of the following amounts: the appropriations made 
under this heading, amounts billed to Federal agencies and entities 
by the District of Columbia for services provided at Saint Elizabeths 
Hospital, and amounts authorized by titles XVIII and XIX of the 
Social Security Act. This maximum amount shall not include Fed-
eral funds appropriated to the District of Columbia under "Federal 
Payment to the District of Columbia" and payments made pursuant 
to section 9(c) of Public Law 98-621. Amounts chargeable to and 
24 USC I68b. 
available from Federal sources for inpatient and outpatient services 
provided through Saint Elizabeths Hospital as authorized by 24 
U.S.C. 191, 196, 211, 212, 222, 253, and 324; 31 U.S.C. 1535; and 42 
U.S.C. 249 and 251 shall not exceed the estimated total cost of such 
services as computed using only the proportionate amount of the 
direct Federal subsidy appropriated under this heading. 
OFFICE OF ASSISTANT SECRETARY FOR HEALTH 
puBuc HEALTH SERVICE MANAGEMENT 
For the expenses necessary for the Office of Assistant Secretary 
for Health and for carrying out title III, XVII, and XX of the Public 
Health Service Act, $70,167,000, together with not to exceed 
$1,050,000 to be transferred and expended as authorized by section 
201(g) of the Social Security Act from the Federal Hospital Insur-
ance and the Federal Supplementary Medical Insurance Trust 
Funds referred to therein and $5,950,000 to be trsinsferred and 
expended for patient outcome assessment research as authorized by 
section 9316 of Public Law 99-^09, of which $3,868,000 will come 
from the Federal Hospital Insurance Trust Fund and $2,082,000 will 
come from the Federal Supplementary Medical Insurance Trust 
Fund, and, in addition, amounts received from Freedom of Informa-
tion 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 herein, up to $10,155,000 shall be available from 
amounts available under section 2313 of the Public Health Service 
Act, to carry out the National Medical Expenditure Survey. 
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 Dependents' Medical Care Act (10 U.S.C. ch. 
65), and for payments pursuant to section 229(b) of the Social 
Security Act (42 U.S.C. 4290t))), such amounts as may be required 
during the current fiscal year. 
102 STAT. 1694 
PUBLIC LAW 100-436—SEPT. 20, 1988 
VACCINE INJURY COMPENSATION TRUST FUND 
For payments from the Vaccine Injury Compensation Trust Fund, 
such sums as may be necessary for claims associated 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, and from such trust fund such 
sums as may be necessary, not to exceed $80,000,000, for compensa-
tion of claims adjudicated by the United States Claims Court arising 
from liability related to the administration of vaccines before Octo-
ber 1,1988. 
HEALTH CARE FINANCING ADMINISTRATION 
GRANTS TO STATES FOR MEDICAID 
For carrying out, except as otherwise provided, titles XI and XIX 
of the Social Security Act, $26,236,000,000 to remain available until 
expended. 
For making, after May 31, payments to States under title XIX of 
the Social Security Act for the last quarter of fiscal year 1989 for 
unanticipated costs, incurred for the current fiscal year, such sums 
as may be necessary. 
Payment under title XIX may be made for any quarter beginning 
after June 30, 1988 and before October 1, 1989, with respect to any 
State plan or plan amendment in effect during any such quarter, if 
submitted in, or prior to such quarter and approved in that or any 
such subsequent quarter. 
For making payments to States under title XIX of the Social 
Security Act for the first quarter of fiscal year 1990, $9,000,000,000, 
to remain available until expended. 
PAYMENTS TO HEALTH CARE TRUST FUNDS 
For payment to the Federal Hospital Insurance and the Federal 
Supplementary Medical Insurance Trust Funds, as provided under 
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, $31,227,000,000. 
^ 
PROGRAM MANAGEMENT 
For carrying out, except as otherwise provided, titles XI, XVIII, 
and XIX of the Social Security Act, $94,417,000, together with not to 
exceed $1,825,219,000 to be transferred to this appropriation as 
authorized by section 201(g) of the Social Security Act, from the 
Federal Hospital Insurance and the Federal Supplementary Medical 
Insurance Trust Funds or any other trust fund which may be 
established by law for catastrophic coverage under the Medicare 
program: Provided, That $100,000,000 of said trust funds shall be 
expended only to the extent necessary to process workloads not 
anticipated in the budget estimates of this Act, and to meet un-
anticipated costs of agencies or organizations with which agree-
ments have been made to participate in the administration of title 
XVIII and after maximum absorption of such costs within the 
remainder of the existing limitation has been achieved: Provided 
further. That all funds derived in accordance with 31 U.S.C. 9701, 
are to be credited to this appropriation. 
PUBLIC LAW 100-436—SEPT. 20, 1988 
102 STAT. 1695 
SOCIAL SECURITY ADMINISTRATION 
PAYMENTS TO SOCIAL SECURITY TRUST FUNDS 
For payment to the Federal Old-Age and Survivors Insurance and 
the Federal Disability Insurance Trust Funds, as provided under 
sections 201(m), 217(g), 228(g), and 1131(bX2) of the Social Security 
Act, $93,631,000. 
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, $628,581,000, to remain avail-
able until expended: Provided, That monthly benefit pajonents shall 
be paid consistent with section 215(g) of the Social Security Act. 
For making, after July 31, of the current fiscal year, benefit 
payments to individuals under title IV of the Federal Mine Safety 
and Health Act of 1977, for costs incurred in the current fiscal year, 
such amounts as may be necessary. 
For making benefit payments under title IV of the Federal Mine 
Safety and Health Act of 1977 for the first quarter of fiscal year 
1990, $211,000,000, to remain available until expended. 
SUPPLEMENTAL SECURITY INCOME PROGRAM 
For carrying out the Supplemental Security Income Program, 
title XI of the Social Security Act, section 401 of Public Law 92-603, 
section 212 of Public Law 93-66, as amended, and section 405 of 
Public Law 95-216, including pa3rment to the Social Security trust 
funds for administrative expenses incurred pursuant to section 
201(gXl) of the Social Security Act, $9,473,953,000, 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 1990, $2,936,000,000, to remain avail-
able until expended. 
LIMITATION ON ADMINISTRATIVE EXPENSES 
For necessary expenses, not more than $3,795,661,000, 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 pajrments under section 1631(h) of 42 USC 1383 
such Act for travel to hearings may be made only when travel of note. 
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 not anticipated in 
102 STAT. 1696 
PUBLIC LAW 100-436—SEPT. 20, 1988 
the budget estimates, for automation projects and their impact on 
the work force, and to meet mandatory increases in costs of agencies 
or organizations with which agreements have been made to partici-
pate 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 manufacture, printing, or procuring of social 
security cards, as provided in section 205(cX2)(D) of the Social Secu-
rity Act, where paper and other materials used in the manufacture 
of such cards are produced, manufactured, or assembled outside of 
the United States: Provided further, That not to exceed $170,000,000 
shall be available for automatic data processing and telecommuni-
cation activities. 
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 and the Act of July 5, 1960 
(24 U.S.C, ch. 9), $8,204,337,000, 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 unaniticipated 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 1990, $2,700,000,000, to remain available 
until expended. 
LOW INCOME HOME ENERGY ASSISTANCE 
For making payments under title XXVI of the Omnibus Budget 
Reconciliation Act of 1981, $1,400,000,000. 
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), $387,000,000. 
WORK INCENTIVES 
For carrying out a work incentive program, as authorized by part 
C of title IV of the Social Security Act, including registration of 
individuals for such programs, and for related child care and other 
supportive services, £is 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, $92,551,000 which shall be the maximum 
amount available for transfer to the Secretary of Labor and to which 
the States may become entitled pursuant to section 403(d) of such 
Act, for these purposes. 
PUBLIC LAW 100-436—SEPT. 20, 1988 
102 STAT. 1697 
COMMUNITY SERVICES BLOCK GRANT 
For making payments under the Community Services Block Grant 
Act and section 408 of Public Law 99-425, and the Stewart B. 
McKinney 
Homeless 
Assistance 
Act, 
$382,185,000 
of 
which 
$20,500,000 shall be for carrying out section 681(a)(2XA), $4,062,000 
shall be for carrying out section 681(a)(2XD), $2,984,000 shall be for 
carrying out section 681(a)(2)(E), $6,750,000 shall be for carrying out 
section 681(a)(2)(F), $239,000 shall be for carrying out section 
681(a)(3), $3,555,000 shall be for carrying out section 408 of Public 
Law 99-425 and $2,447,000 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 and section 501 of the Refugee 
Education Assistance Act of 1980, $82,464,000. 
ASSISTANT SECRETARY FOR HUMAN DEVELOPMENT SERVICES 
SOCIAL SERVICES BLOCK GRANT 
For 
carr3dng out 
the 
Social 
Services 
Block 
Grant 
Act, 
$2,700,000,000. 
HUMAN DEVELOPMENT SERVICES 
For carrying out, except £is 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, the Family Violence Prevention and Services Act (title III of 
Public Law 98-457), the Native American Programs Act, title II of 
Public Law 100-294 (adoption opportunities), title II of the Chil-
dren'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 pro-
grams), the Head Start Act, the Comprehensive Child Development 
Centers Act of 1988, the Child Development Associate Scholarship 
Assistance Act of 1985, and part B of title IV and section 1110 of the 
Social Security Act, $2,574,808,000, of which $12,000,000 shall be 
made available to carry out the State Dependent Care Development 
Grants Act (42 U.S.C. 9871 et seq.): Provided, That appropriations to 
carry out the Comprehensive Child Development Program under 
chapter 8, subchapter E of the Omnibus Budget Reconciliation Act 
of 1981, shall be available notwithstanding section 670TOt)) of that 
Act. 
PAYMENTS TO STATES FOR FOSTER CARE AND ADOPTION ASSISTANCE 
For carrying out part E of title IV of the Social Security Act, 
$1,119,907,000. 
102 STAT. 1698 
PUBLIC LAW 100-436—SEPT. 20, 1988 
DEPARTMENTAL MANAGEMENT 
GENERAL DEPARTMENTAL MANAGEMENT 
For necessary expenses, not otherwise provided, for general de-
partmental management, including hire of six medium sedans, 
$68,160,000, together with not to exceed $7,000,000, to be transferred 
and expended as authorized by section 201(gXl) of the Social Secu-
rity 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 (Jeneral, 
$46,430,000, together with not to exceed $40,000,000, to be trans-
ferred 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, $16,173,000, 
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 carrying out, to the extent not otherwise provided, research 
studies under section 1110 of the Social Security Act, $7,946,000: 
Provided, That not less than $3,000,000 shall be obligated to con-
tinue research on poverty conducted by the Institute for Research 
on Poverty. 
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 agencies of any State which have established by legislative 
enactment and have in operation a merit system and classification 
and compensation plan covering the selection, tenure in office, and 
compensation of their employees, because of any disapproval of their 
personnel or the manner of their selection by the agencies of the 
said States, or the rates of pay of said officers or employees. 
SEC. 202. None of the funds 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 
PUBLIC LAW 100-436—SEPT. 20, 1988 
102 STAT. 1699 
scientific activities of the Department pursuant to law; expenses of 
primary and secondary schooling of dependents in foreign countries, 
of Public Health Service commissioned officers stationed in foreign 
countries, at costs for any given area not in excess of those of the 
Department of Defense for the same area, when it is determined by 
the Secretary that the schools available in the locality are unable to 
provide adequately for the education of such dependents, and for the 
transportation of such dependents, between such schools and their 
places of residence when the schools are not accessible to such 
dependents by regular means of transportation; expenses for 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 as the Secretary may 
provide; rental or lease of living quarters (for periods not exceeding 
five years), and provision of heat, fuel, and light and maintenance, 
improvement, and repair of such quarters, and advance payments 
therefor, for civilian officers, and employees of the Public Health 
Service who are United States citizens and who have a permanent 
station in a foreign country; purchase, erection, and maintenance of 
temporary or portable structures; and for the payment of 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; not to exceed $9,500 for official reception and representation 
expenses related to any health agency of the Department when 
specifically approved by the Assistant Secretary for Health. 
SEC. 204. None of the funds contained in this Act shall be used to Abortion. 
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 327 
A of the Public Health Service Act. 
SEC. 206. Funds appropriated in this title for the Social Security 
Administration shall be available for not to exceed $10,000 for 
official reception and representation expenses when specifically 
approved by the Commissioner of Social Security. 
SEC. 207. Funds appropriated in this title for the Health Care 
Financing Administration shall be available for not to exceed $2,000 
for each fiscal year for official reception and representation ex-
penses when specifically approved by the Administrator of the 
Health Care Financing Administration. 
SEC. 208. No funds appropriated for the fiscal year ending Septem- 42 use 210 note. 
ber 30, 1989, by this or any other Act, may be used to pay basic pay, 
special pays, basic allowances for subsistence and basic allowances 
for quarters of the commissioned corps of the Public Health Service 
described in section 204 of title 42, United States Code, at a level 
that exceeds 110 percent of the Executive Level I annual rate of 
basic pay: Provided, That amounts received from employees of the 
Department in payment for room and board may be credited to the 
appropriation accounts which finance the services: Provided further. 
That none of the funds made available by this Act shall be used to 
provide special retention pay (bonuses) under paragraph (4) of 37 
U.S.C. 302(a) to any regular or reserve medical officer of the Public 
Health Service for any period during which the officer is gissigned to 
102 STAT. 1700 
PUBLIC LAW 100-436—SEPT. 20, 1988 
Contracts. 
Government 
organization and 
employees. 
Children and 
youth. 
AIDS. 
AIDS. 
42 u s e 210 note. 
Public buildings 
and grounds. 
WUdlife. 
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^rvice^jvlio shall 
be exempt from all FTE limitations in the'Department, to assist in 
child survival activities and to work in AIDS programs through and 
with funds provided by the Agency for International Development, 
the United Nations International Children's Emergency Fund or the 
World Health Organization. In addition, commissioned officers as-
signed under this section shall be exempt from all limitations on the 
number and grade of officers in the Public Health Service Commis-
sioned Corps. 
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 
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 
acquired immune deficiency syndrome (AIDS) may be transferred 
between appropriation accounts upon the approval by the House 
and Senate Committees on Appropriations of a transfer request 
submitted by the Secretary of Health and Human Services. 
SEC. 214. Funds made available for fiscal year 1989 and hereafter 
to the National Institutes of Health shall be available for pa3nnent 
of nurses and allied health professionals using pay, schedule options, 
benefits, and other authorities as provided for the nurses of the 
Veterans' Administration under 38 tJ.S.C. chapter 73. 
SEC. 215. Of the funds appropriated in this Act for the National 
Institutes of Health, a reduction of $6,765,000 is to be applied to all 
appropriations as a result of improved procurement practices. 
SEC. 216. NIH Building Numbered 31 is hereby named the Claude 
Denson Pepper Building. 
SEC. 217. Funds appropriated by this Act may be used to pay 
physicians' comparability allowgmces as authorized under 5 U.S.C. 
5948. 
SEC. 218. (aXD In enacting this section Congress hereby— 
(A) recognizes the national and international legal protection 
granted chimpanzees under the Endangered Species Act and 
the Convention on International Trade of Endangered Species, 
to which the United States is a signatory, and also the World 
Health Organization's Policy Statement on Use of Primates for 
Biomedical Purposes, all of which acknowledges the threatened 
or endangered status of the chimpanzee; and 
(B) acknowledges that substantial public monies are already 
being expended on a National Chimpanzee Breeding and 
Research Program in the United States. 
(2) No funds appropriated under this Act or any other provisions 
of law shall be used by the National Institutes of Health, or any 
PUBLIC LAW 100-436—SEPT. 20, 1988* 
102 STAT. 1701 
other Federal agency, or recipient of Federal funds and be expended 
on any project, that entails the capture or procurement of chim-
panzees obtained from the wild. 
(3) 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. 219. During the 12-month period b^inning October 1, 1988, 
none of the funds made availalbe under this Act may be used to 
impose any reductions in payment, or to seek repayment from or to 
withhold any payment to any State pursuant to section 427 or 471 of 
the Social Security Act, as a result of a disallowance determination 
made in connection with a compliance review for any Federal fiscal 
year preceding Federal fiscal year 1989, until all judicial proceed-
ings, including appeals, relating to such disallowance determination 
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, 1989". 
TITLE III—DEPARTMENT OF EDUCATION 
COMPENSATORY EDUCATION FOR THE DISADVANTAGED 
For carrying out the activities authorized by chapter 1 of title I of 
the Elementary and Secondary Education Act of 1965, as amended, 
$4,625,755,000, of which a total of $8,000,000 for purposes of sections 
1437 and 1463 and $4,000,000 for subpart 3 of part F, shall become 
available on October 1, 1988 and remain available until September 
30, 1989, and may be expended by the Secretary at any time during 
that period; and the remaining $4,613,755,000 shall become available 
on July 1, 1989 and shall remain available until September 30,1990: 
Provided, That of these remaining funds, $3,900,000,000 shall be 
available for the purposes of section 1005, $175,000,000 shall be 
available for the purposes of section 1006, $20,000,000 shall be 
available for the purposes of section 1017(d), $15,000,000 shall be 
available for the purposes of part B, $275,000,000 shall be available 
for the purposes of subpart 1 of part D, $150,000,000 shall be 
available for the purposes of subpart 2 of part D, $32,0()0,000 shall be 
available for the purposes of subpart 3 of part D, $41,000,000 shall be 
available for the purposes of section 1404, and $5,755,000 shall be 
available for the purposes of section 1405: Provided further, That no 
State shall receive less than $340,000 under section 1006 from the 
amounts made available under this appropriation for section 1006. 
For canning out section 418A of the Higher Education Act, 
$9,000,000. 
IMPACT AID 
For carrjring out title I of the Act of September 30, 1950, as 
amended (20 U.S.C. ch. 13), $717,000,000, of which $15,000,000 shall 
be for entitlements under section 2 of said Act, and $702,000,000 
shall be for entitlements under section 3 of said Act of which 
$565,000,000 shall be for entitlements under section 3(a) of said Act: 
Provided, That any school district that received an overpajmient 
under section 2 in fiscal year 1984 funds and also received, through 
Department of 
Education 
Appropriations 
Act, 1989. 
102 STAT. 1702 
PUBLIC LAW 100-436—SEPT. 20, 1988 
administrative offset, 30.13 per centum of such sum in an overpay-
ment of the subsequent fiscal year's funds, is relieved of the liability 
to repay those sums, together with interest on such sums. 
For carrying out the Act of September 23, 1950, as amended (20 
U.S.C. ch. 19), $25,000,000, which shall remain available until ex-
pended, shall be for providing school facilities as authorized by said 
Act, of which $10,000,000 shall be for awards under section 10 of said 
Act, $12,000,000 shall be for awards under sections 14(a) and 14(b) of 
said Act, and $3,000,000 shall be for awards under sections 5 and 
14(c) of said Act. 
SCHOOL 
IMPROVEMENT PROGRAMS 
For carrying out the activities authorized by chapter 2 of title I, 
part A of title II, title III, part A, part B, subpart 1 and subpart 2 of 
part C, and part E of title IV, sections 4601, 4604, and 4605, title V, 
and parts A and C of title VI of the Elementary and Secondary 
Education Act of 1965, as amended; section 722 of the Stewart B. 
McKinney Homeless Assistance Act; section 403 of the Civil Rights 
Act of 1964; subpart 2 of part C and subpart 2 of part D of title V of 
the Higher Education Act, as amended; part B of title III and title 
IV of Public Law 100-297; title IX of the Education for Economic 
Security Act; and the Follow Through Act, $1,123,075,000: Provided, 
That of the amounts provided, $497,700,000 shall be for chapter 2 of 
title I of the Elementary and Secondary Education Act, of which 
$468,600,000 for part A shall become available on July 1, 1989 and 
remain available until September 30, 1990 and $29,100,000 for part 
B including $1,000,000 for national school volunteer programs shall 
become available on October 1, 1988: Provided 
further, 
That 
$130,000,000 for grants to States and Outlying Areas under part A of 
title II, $8,000,000 for part B, $3,000,000 for subpart 1 and $500,000 
for subpart 2 of part C of title IV, and $207,000,000 for grants to 
States and Outlying Areas under title V of the Elementary and 
Secondary Education Act, $4,358,000 for subpart 2 of part C of title 
V of the Higher Education Act, and $4,893,000 for section 722 of the 
Stewart B. McKinney Homeless Assistance Act shall become avail-
able on July 1, 1989 and shall remain available until September 30, 
1990: Provided further. That, of the amounts provided, $115,000,000 
shall be for title III, $9,000,000 shall be for section 2012 and 
$1,500,000 shall be for section 6201(d) of the Elementary and Second-
ary Education Act. 
Unobligated balances of funds appropriated for fiscal years 1985 
and 1986 for title VI of the Education for Economic Security Act 
shall be available until September 30, 1989 for carrying out activi-
ties authorized by part F of title IV of which not less than $1,000,000 
shall be for activities authorized by section 4603 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 and part B of title III of the Refugee Act of 1980, $199,791,000, of 
which $112,106,000 shall be for part A, $10,903,000 shall be for part 
Reports. 
B, $30,782,000 shall be for part C of title VII, except that no funds 
shall be used for activities authorized by section 7043 until an 
interim report is submitted to the House and Senate Appropriations 
Committees which the Secretary shall submit no later than eight 
PUBLIC LAW 100-436—SEPT. 20, 1988 
102 STAT. 1703 
months following the enactment of this appropriations Act in par-
tial compliance with section 6212 of Public Law 100-297 and such 
sums are released under further statutory Act of Congress, and 
$30,000,000 shall be for part D of title IV of the Elementary and 
Secondary Education Act. 
EDUCATION FOR THE HANDICAPPED 
For carrying out the Education of the Handicapped Act, 
$1,990,321,000 of which $5,213,000 shall be for carrying out title I of 
S. 2561, as enacted, and of which $1,493,369,000 for section 611, 
$250,000,000 for section 619, and $70,679,000 for section 685 shall 
become available for obligation on July 1, 1989, and shall remain 
available until September 30, 1990: Provided, That up to $479,000 
may be used for section 621(d) of said Act. 
REHABIUTATION SERVICES AND HANDICAPPED RESEARCH 
For carrying out, to the extent not otherwise provided, the Re-
habilitation Act of 1973 and the Helen Keller National Center Act, 
as amended, $1,667,570,000, of which $1,450,000,000 shall be for 
allotments under sections 1000t))(l) and 1100t))(3) of the Rehabilita-
tion Act, $17,200,000 shall be for special demonstration programs 
under sections 311 (a), (b), and (c), $750,000 shall be for carrying out 
section 202(j)(l), and $4,900,000 shall be for the Helen Keller 
National Center. 
Of the funds provided under the heading "Rehabilitation Services 
and Handicapped Research" in fiscal year 1987 in Public Law 99-
500 and Public Law 99-591, for carrjdng out the Rehabilitation Act 
of 
1973, which 
are 
unobligated, 
the 
sum 
of $500,000 
is 
reappropriated for an allotment under section 1000t))(l) of the Re-
habilitation Act of 1973 to Montana for obligations incurred by 
Montana during fiscal year 1987. 
VOCATIONAL AND ADULT EDUCATION 
For carrying out, to the extent not otherwise provided, the Carl D. 
Perkins Vocational Education Act, the Adult Education Act includ-
ing section 372 of said Act, and section 702 of the Stewart B. 
McKinney Homeless Assistance Act, $1,086,504,000 which shall 
become available for obligation on July 1, 1989, and shall remain 
available until September 30, 1990: Provided, That $26,321,000 shall 
be available for title IV of the Carl D. Perkins Vocational Education 
Act, of which $7,050,000 shall be for part A, including $5,744,000 for 
section 404, $14,556,000 shall be for section 411 and $215,000 shall be 
for section 415 of part B, and $4,500,000 shall be for part C of said 
title: Provided further. That $8,000,000 shall be available for State 
councils under section 112 of the Carl D. Perkins Vocational Edu-
cation Act: Provided further. That $9,000,000 shall be made avail-
able to carry out title III-A and $33,520,000 shall be made available 
for title III-B of said Vocational Education Act: Provided further. 
That $3,817,000 shall be available for part E of title IV of the Carl D. 
Perkins Vocational Education Act: Provided further. That $2,000,000 
provided herein for part D of the Adult Education Act shall be only 
for section 383 of said Act. 
102 STAT. 1704 
PUBLIC LAW 100-436—SEPT. 20, 1988 
STUDENT FINANCIAL ASSISTANCE 
For carrying out subparts 1, 2, and 3 of part A and parts C, D, and 
E of title rV of the Higher Education Act, as amended, 
$5,884,671,000, which shall remain available until September 30, 
20 use 1070a 
1990: Provided, That the maximum Pell grant that a student may 
note. 
receive in the 1989-90 award year shall be $2,300: Provided further, 
That notwithstanding section 479A of the Higher Education Act of 
1965 (20 U.S.C. 1001 et seq.), student financial aid administrators 
shall be authorized, 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 about the financial status or personal circumstances of 
eligible applicants only for purposes of selecting recipients and 
determining the amount of awards under subpart 2 of part A, and 
parts B, C, and E of title IV of the Act: Provided further. That 
notwithstanding section 411F(1) of the Higher Education Act of 
1965, as amended (20 U.S.C. 1001 et seq.), the term "annual adjusted 
family income" shall, under special circumstances prescribed by the 
Secretary of Education, mean the sum received in the first calendar 
year of the award year from the sources described in that section: 
Provided further. That notwithstanding section 484 of the Higher 
Education Act of 1965, as amended (20 U.S.C. 1001 et seq.), in order 
for a student to be eligible to receive grant, loan, or work assistance 
under title IV of that Act, that student shall be required to have 
earned a high school diploma or its recognized equivalent if (1) that 
student is enrolled or accepted for enrollment in a course of study of 
less than one year in preparation for an occupation for which the 
student must be certified by an agency other than the eligible 
institution or institution of higher education in order to begin 
practice or service, and (2) a high school diploma or its recognized 
equivalent is a requirement for that certification. 
GUARANTEED STUDENT LOANS 
For necessary expenses under title IV, part B of the Higher 
Education Act, $3,174,400,000, to remain available until expended. 
HIGHER EDUCATION 
For carrying out title III of the Higher Education Act of 1965, as 
amended, $176,697,000, of which up to $12,850,000 for section 332 of 
part C of title III of said Act shall remain available until expended: 
Provided, That $85,447,000 of funds appropriated for title m of said 
Act shall be available only to historically black collies and univer-
sities, of which $4,500,000 is available until expended for the cost of 
construction and related costs for a Health and Human Resources 
Center at Voorhees College in Denmark, South Carolina, when an 
authorization for such Center is enacted into law: Provided further. 
That up to $7,300,000 of funds appropriated for part A of title III of 
said Act shall be available for non-competing continuation awards 
made to four-year institutions in fiscal year 1988. 
For carrying out subparts 4 and 6 of part A of title IV; part B and 
subpart 1 of part D of title V; titles VI and VIE; part D of title VII; 
parts A, B, C, D, E, and F of title IX; subpart 1 of part B and parts A 
and C of title X; and sections 420A and 1204(c) of the H^her 
Education Act of 1965, as amended; title Xm, part H, subpart 1 of 
the Education Amendments of 1980, as amended; and section 
'•-*=3«^ij»«;;^' 
PUBLIC LAW 100-436—SEPT. 20, 1988 
102 STAT. 1705 
10203)(6) of the Mutual Educational and Cultural Exchange Act of 
1961, $388,257,000, of which $22,744,000 for part D of title VII shall 
remain available until expended: Provided, That $8,300,000 provided 
herein for carrying out subpart 6 of part A of title IV shall be 
available notwithstanding sections 419G03) and 4191(a) of the Higher 
Education Act of 1965 (20 U.S.C. 1070d-37(b) and 1070d-39(a)): Pro-
vided further, That $1,500,000, of the amount provided herein for 
subpart 4 of part A of title IV of the Higher Education Act shall be 
for the Ronald E. McNair 
Post-Baccalaureate 
Achievement 
Program: Provided further. That the Secretary shall, in carrying out 
section 802 of the Higher Education Act of 1965, give special consid-
eration to applications from private urban institutions of higher 
education, or combinations thereof, with minority student enroll-
ment exceeding 66 percent of total student enrollment, and with 
plans to develop from a traditional academic curriculum to a univer-
sal cooperative education program applicable to all undergraduate 
four year major fields of study: Provided further, That an additional 
amount of $5,750,000 shall be made available, of which $5,000,000 
shall be made available for part D of title I of the Higher Education 
Act of 1965, relating to the student literacy corps program, to 
become available on July 1, 1989, and remain available until 
September 30, 1990, and $750,000 shall be made available for section 
6261 of the Omnibus Trade and Competitiveness Act of 1988, relat-
ing to international business education centers. 
COLLEGE HOUSING AND ACADEMIC FACIUTIES 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 shall make expendi-
tures, contracts, and commitments without regard to fiscal year 
limitation: Provided, That during fiscal year 1989, gross commit-
ments for the principal amount of direct loans shall be $30,000,000. 
For payment of interest on funds borrowed from the Treasury 
pursuant to section 761(d) of the Higher Education Act, as amended, 
$1,675,000, to remain available until expended. 
HIGHER EDUCATION FACILITIES LOANS 
The Secretary is hereby authorized to make such expenditures, 
within the limits of funds available under this heading and in accord 
with law, and to make such contracts and commitments without 
regard to fiscal year limitation, as provided by section 104 of the 
Government Corporation Control Act (31 U.S.C. 9104), as may be 
necessary in carrying out the progrgma set forth in the budget for the 
current fiscal year. For the fiscal year 1989, 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 
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, contracts, and com-
mitments without regard to fiscal year limitation using loan 
repayments and other resources available to this account. Any 
102 STAT. 1706 
PUBLIC LAW 100-436—SEPT. 20, 1988 
unobligated balances becoming available from Hxed fees paid into 
this account pursuant to 12 U.S.C. 1749d, relating to pa)Tnent of 
costs for inspections and site visits, shall be available for the operat-
ing expenses of this account. 
EDUCATION RESEARCH AND STATISTICS 
For necessary expenses to carry out section 405 of the General 
Education Provisions Act, as amended, $47,651,000: Provided, That 
$5,200,000 of the sums appropriated shall be used to continue a rural 
education program by the nine regional laboratories. 
For necessary expenses to carry out section 406 of the General 
Education Provisions Act, as amended by Public Law 100-297, 
$22,000,000, and an additional $9,500,000 shall be for the National 
Assessment of Educational Progress. 
UBRARIES 
For canying out, to the extent not otherwise provided, titles I, II, 
III, IV, and VI of the Library Services and Construction Act (20 
U.S.C. ch. 16), and title II, parts B, C, and D of the Higher Education 
Act, notwithstanding the provisions of section 221, $138,866,000: 
Provided, That $22,595,000 of the sums appropriated shall be used to 
carry out the provisions of title II of the Library Services and 
Construction Act and shall remain available until expended: Pro-
vided further, That the State of Illinois is relieved of all liability to 
repay the United States the sum of $14,547,769 representing pay-
ments made to Illinois under the Library Services and Construction 
Act for fiscal years 1977 through 1986 which were disallowed be-
cause of a pioneering nature of the program for libraries in that 
State and, in the audit and settlement of the accounts of any 
certifying or disbursing officer of the United States, full credit shall 
be given for the amount for which liability is relieved by this 
proviso. 
SPECIAL INSTITUTIONS 
AMERICAN PRINTING HOUSE FOR THE BLIND 
For carrying out the Act of March 3, 1879, as amended (20 U.S.C. 
101-106), including provision of materials to adults undergoing re-
habilitation on the same basis as provided in 1985, $5,400,000. 
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.), $33,731,000, of which $200,000 shall be for the endowment 
program as authorized under section 408 and shall be available until 
expended: Provided, That none of the funds provided herein may be 
used to subsidize the tuition of foreign students. 
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 
PUBLIC LAW 100-436—SEPT. 20, 1988 
102 STAT. 1707 
the Deaf, $66,800,000, of which $1,000,000 shall be for the endow-
ment program as authorized under section 407 and shall be avail-
able until expended. 
HOWARD UNIVERSITY 
For partial support of Howard University (20 U.S.C. 121 et seq.), 
$180,647,000: Provided, That of the funds appropriated under this 
head in the Department of Education Appropriations Act, 1988, not 
to exceed $500,000 together with $1,500,000 provided herein 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. 
DEPARTMENTAL MANAGEMENT 
PROGRAM ADMINISTRATION 
For carrjdng out, to the extent not otherwise provided, the Depart-
ment of Education Organization Act, including rental of conference 
rodms in the District of Columbia and hire of three passenger motor 
vehicles, $258,600,000, of which $500,000 shall be available until 
expended for carrying out the National Summit Conference on 
Education Act of 1984, $5,200,000 shall be available only for addi-
tional staff and related expenses necessary to increase the number 
of on-site student aid program reviews, and of which $5,600,000 shall 
be available for necessary expenses of the National Student Loan 
Data System upon enactment of amendments to section 485B of the 
Higher Education Act which will decrease student loan and default 
costs by more than the cost of the system on an annual basis. 
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, $41,341,000. 
OFFICE OF THE INSPECTOR GENERAL 
For expenses necessary for the Office of the Inspector General, as 
authorized by section 212 of the Department of Education Organiza-
tion Act, $18,400,000. 
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 
officers and employees of said agencies, shall be withheld from the 
said agencies of any State which have established by legislative 
enactment and have in operation a merit system and classification 
and compensation plan covering the selection, tenure in office, and 
compensation of their employees, because of any disapproval of their 
personnel or the manner of their selection by the agencies of the 
said States, or the rates of pay of said officers or employees. 
SEC. 302. Funds appropriated in this Act to the American Printing 
House for the Blind, Howard University, the National Technicsd 
Institute for the Deaf, and Gallaudet University shall be subject to 
audit by the Secretary of Education. 
102 STAT. 1708 
PUBLIC LAW 100-436—SEPT. 20, 1988 
Schools and 
colleges. 
Busing. 
Schools and 
colleges. 
Busing. 
School prayer. 
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 take any action to force the busing of students; to 
require the abolishment of any school so desegregated; or to force on 
account of race, creed or color the transfer of students to or from a 
particular school so desegregated as a condition precedent to 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 meignet schools. 
SEC. 306. No funds appropriated under 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, 1989". 
TITLE IV—RELATED AGENCIES 
ACTION 
OPERATING EXPENSES 
For expenses necessary for Action to carry out the provisions of 
the Domestic Volunteer Service Act of 1973, as amended, 
$170,465,000. 
CORPORATION FOR PuBuc BROADCASTING 
For pa3rment to the Corporation for Public Broadcasting, as au-
thorized by the Communications Act of 1934, an amount which shall 
be available within limitations specified by that Act, for the fiscal 
;-f^^fr 
PUBLIC LAW 100-436—SEPT. 20, 1988 
102 STAT. 1709 
year 1991, $302,500,000 of which $57,500,000 shall be available for 
section 396(k)(10) 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 Government officials or employees: Provided further, That none 
Discrimination, 
of the funds contained in this paragraph shall be available or used 
prohibition. 
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: Provided further. 
That funds provided herein for fiscal year 1991 shall be available 
pending authorization. 
COMMISSION ON RAILROAD RETIREMENT REFORM 
For necessary expenses of the Commission on Railroad Retire-
ment Reform established by section 9033 of the Omnibus Budget 
Reconciliation Act of 1987 (Public Law 100-203), $1,000,000, which 
shall remain available until expended. 
FEDERAL MEDIATION AND CONCIUATION 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 pursuant 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 he£dth 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), $26,127,000. 
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.), $4,079,000. 
NATIONAL COMMISSION ON CHILDREN 
For necessary expenses of the National Commission on Children 
established by section 9136 of the Omnibus Reconciliation Act of 
1987, Public Law 100-203, $800,000, which shall remain available 
until expended. 
NATIONAL COMMISSION TO PREVENT INFANT MORTALITY 
For necessary expenses of the National Commission to Prevent 
Infant Mortality, established by section 203 of the National Commis-
sion to Prevent Infant Mortality Act of 1986, Public Law 99-660, 
$500,000, which shall remain available imtil expended. Notwith- 42USC285g 
note. 
19-194 O—91—Part 2-
102 STAT. 1710 
PUBLIC LAW 100-436—SEPT. 20, 1988 
standing any other provision of law, the Commission shall be 
composed of sixteen members, including seven at large members. 
Furthermore, the Commission has the power to accept voluntary 
and uncompensated services, notwithstanding section 1342 of title 
31, and shall continue operating, notwithstanding sections 208 and 
209 of Public Law 99-660. 
NATIONAL COMMISSION ON LIBRARIES AND INFORMATION SCIENCE 
SALARIES AND EXPENSES 
For necessary expenses for the National Commission on Libraries 
and Information Science, established by the Act of July 20, 1970 
(Public Law 91-345), $750,000. 
NATIONAL COMMISSION ON MIGRANT EDUCATION 
For necessary expenses of the National Commission on Migrant 
Education established by section 1439 of Public Law 100-297, 
$2,000,000 to become available on April 1, 1989 and which shall 
remain available until expended. 
NATIONAL COMMISSION ON RESPONSIBIUTIES FOR FINANCING 
POSTSECONDARY EDUCATION 
For necessary expenses of the National Commission on Respon-
sibilities for Financing Postsecondary Education established by sec-
tion 1321 of the Higher Education Amendments of 1986 (Public Law 
99-498), $800,000, which shall remain available until expended. 
NATIONAL COUNCIL ON THE HANDICAPPED 
SALARIES AND EXPENSES 
For expenses necessary for the National Council on the Handi-
capped as authorized by section 405 of the Rehabilitation Act of 
1973, as amended, $1,174,000. 
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, 
$138,647,000: 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-
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. 
PUBLIC LAW 100-436—SEPT. 20, 1988 
102 STAT. 1711 
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, $6,551,000. 
OCJCUPATIONAL 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), $5,916,000. 
PHYSICIAN PAYMENT REVIEW COMMISSION 
SALARIES AND EXPENSES 
For expenses necessary to carry out section 1845(a) of the Social 
Security Act, $3,059,000, to be transferred to this appropriation from 
the Federal Supplementary Medical Insurance Trust Fund. 
PROSPECTIVE PAYMENT ASSESSMENT COMMISSION 
SALARIES AND EXPENSES 
For expenses necessary to carry out section 601 of Public Law 98-
21, $3,664,000, 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 Pa3mients Account, authorized 
under section 15(d) of the Railroad Retirement Act of 1974, 
$355,000,000, which shall include amounts becoming available in 
fiscal year 1989 pursuant to section 224(cXlXB) of Public Law 98-76: 
Provided, That the total amount provided herein shall be credited to 
the account in 12 approximately equal amounts on the first day of 
each month in the fiscal year. 
FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT ACCOUNTS 
For payment to the accounts established in the Treasury for the 
pa3mient of benefits under the Railroad Retirement Act for un-
n^otiated checks, $3,100,000, to remain available through Septem-
ber 30, 1990, which shall be the maximum amount available for 
payments pursuant to section 417 of Public Law 98-76. 
LIMITATION ON ADMINISTRATION 
For necessary expenses for the Railroad Retirement Board, 
$60,350,000, to be derived from the railroad retirement accounts: 
Provided, That $200,000 of the foregoing amount shall be available 
only to the extent necessary to process workloads not anticipated in 
the budget estimates and after maximum absorption of the costs of 
102 STAT. 1712 
PUBLIC LAW 100-436—SEPT. 20, 1988 
such workloads within the remainder of the existing limitation has 
been achieved: Provided further, That notwithstanding any other 
provision of law, no portion of this limitation shall be available for 
payments of standard level user charges pursuant to section 210(j) of 
the Federal Property and Administrative Services Act of 1949, as 
amended (40 U.S.C. 490(j); 45 U.S.C. 228a-r). 
UMITATION ON RAILROAD UNEMPLOYMENT INSURANCE 
ADMINISTRATION FUND 
For further expenses necessary for the Railroad Retirement 
Board, for administration of the Railroad Unemployment Insurance 
Act, not less than $13,950,000 shall be apportioned for fiscal year 
1989 from moneys credited to the railroad unemployment insurance 
administration fund. 
UMITATION ON REVIEW ACTIVITY 
For expenses necessary for the Railroad Retirement Board for 
audit, investigatory and review activities, as authorized by section 
418 of Public Law 98-76, not more than $3,100,000, 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, $37,700,000: Provided, That this appropriation 
shall not be available for the payment of hospitalization of members 
of the Home in United States Army hospitals at rates in excess of 
those prescribed by the Secretary of the Army upon recommenda-
tion of the Board of Commissioners and the Surgeon General of the 
Army. 
CAPITAL OUTLAY 
For construction and renovation of the physical plant, to be paid 
from the Soldiers' and Airmen's Home permanent fund, $15,000,000, 
to remain available until expended: Provided further. That funds 
provided under this paragraph as well as $15,000,000 provided for 
Capital Outlay in Public Law 100-202 shall, immediately upon 
enactment of this Act, be made available for the construction of a 
200-bed Intermediate Care Facility on the grounds of the LaGarde 
building. 
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, $1,046,000, which shall 
remain available until expended. 
PUBLIC LAW 100-436—SEPT. 20, 1988 
102 STAT. 1713 
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, $7,000,000. 
TITLE V—GENERAL PROVISIONS 
SEC. 501. The expenditure of any appropriation under this Act for 
Contracts. 
any consulting service through procurement contract, pursuant to 5 l
^
^
^
^
r
^
^
^
-
U.S.C. 3109, shall be limited to those contracts where such expendi- 
^formation 
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 individuals 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. 
SEC. 506. No part of the funds appropriated under this Act shall be 
used to provide a loan, guarsmtee of a loan, a grant, the salary of or 
any remuneration whatever to £iny individual applying for admis-
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 under the control of an institution of higher education, to 
require or prevent the availability of certain curricula, or to prevent 
the faculty, administrative officials, or students in such institution 
from engaging in their duties or pursuing their studies at such 
institution. 
SEC. 507, The Secretaries of Labor, Health and Human Services, 
and Education are authorized to transfer unexpended balances of 
prior appropriations to accounts corresponding to current appropria-
tions provided in this Act: Provided, That such transferred balgmces 
are used for the same purpose, and for the same periods of time, for 
which they were originally appropriated. 
SEC. 508. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein. 
SEC. 509. No part of any appropriation contained in this Act shall 
be used, other than for normal and recognized executive-legislative 
102 STAT. 1714 
PUBLIC LAW 100-436—SEPT. 20, 1988 
Regulations. 
AIDS. 
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. 
SEC. 510. The Secretaries of Labor, Health and Human Services, 
and Education are each authorized to make available not to exceed 
$7,500 from funds available for salaries and expenses under titles I, 
II, and III, respectively, for official reception and representation 
expenses; the Director of the Federal Mediation and Conciliation 
Service is authorized to make available for official reception and 
representation expenses not to exceed $2,500 from the funds avail-
able for "Salaries and expenses. Federal Mediation and Conciliation 
Service"; and the Chairman of the National Mediation Board is 
authorized to make available for official reception and representa-
tion expenses not to exceed $2,500 from funds available for 'Salaries 
and expenses. National Mediation Board". 
SEC. 511. None of the funds appropriated by this Act shall be used 
to pay for any research program or project or any program, project, 
or course which is of an experimental nature, or any other activity 
involving human participants, which is determined by the Secretary 
or a court of competent jurisdiction to present a danger to the 
physical, mental, or emotional well-being of a participant or subject 
of such program, project, or course, without the written, informed 
consent of each participant or subject, or a participant's parents or 
legal guardian, if such participant or subject is under eighteen years 
of age. The Secretary shall adopt appropriate regulations respecting 
this section. 
SEC. 512. In administering funds made available under this Act for 
research relating to the treatment of AIDS, the National Institutes 
of Health shall take all possible steps to ensure that all experi-
mental drugs for the treatment of AIDS, particularly antivirals and 
immunomodulators, that have shown some effectiveness 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. 513. Such sums as may be necessary for fiscal year 1989 pay 
raises for programs funded by this Act shall be absorbed within the 
levels appropriated in this Act. 
SEC. 514. (a) Subject to subsection Q3), none of the funds made 
available by this or any other Act may be used by the Secretary of 
Labor to withdraw approval of the California State occupational 
safety and health plan, or to exercise exclusive Federal safety and 
health authority in the State of California, under the Occupational 
Safety and Health Act of 1970 (29 U.S.C. 651 et seq.). 
Ot)) The prohibition established in subsection (a) shall apply until 
the California Supreme Court has rendered a final disposition in the 
case of Ixta v. Rinaldi (Case No. 3 Civil C 002805). 
SEC. 515. (aXD Notwithstanding any other provision of this Act, no 
department, agency, or instrumentality of the United States 
Government receiving appropriated funds under this Act for fiscal 
year 1989, shall, during fiscal year 1989, obligate and expend funds 
for consulting services involving management and professional serv-
PUBLIC LAW 100-436—SEPT. 20, 1988 
102 STAT. 1715 
ices; special studies and analyses; technical assistance; and manage-
ment review of program funded organizations; in excess of an 
amount equal to 85 per centum of the amount obligated and ex-
pended by such department, agency, or instrumentality for such 
services during fiscal year 1987. 
(2) Notwithstanding any other provision of this Act, no depart-
ment, agency, or instrumentality of the United States Government 
receiving appropriated funds under this Act for fiscal year 1989, 
shall, during fiscal year 1989, obligate and expend funds for consult-
ing services involving management and support services for re-
search and development activities; engineering development and 
operational systems development; technical representatives; train-
ing; quality control, testing, and inspection services; specialized 
medical services; and public relations; in excess of an amount equal 
to 95 per centum of the amount obligated and expended by such 
department, agency, or instrumentality for such services during 
fiscal year 1987. 
(b) The Director of the Office of Management and Budget shall 
take such action as may be necessary, through budget instructions 
or otherwise, to direct each department, agency, and instrumental-
ity of the United States to comply with the provisions of section 1114 
of title 31, United States Code. 
(c) As used in this section, the term "consulting services" includes 
any service within the definition of "Advisory and Assistance Serv-
ices" in Office of Management and Budget Circular A-120, dated 
January 4,1988. 
(d) All savings to any department, agency, or instrumentality 
which result from the application of subsection (a), shall be used for 
the increase in rates of pay in such department, agency, or 
instrumentality made under this Act. 
(e) The limitations contained in subsection (a) shall not apply to 
the Offices of Inspector General of the departments, agencies, and 
instrumentalities of the United States Government receiving appro-
priated funds under this Act. Neither shall the limitations in subsec-
tion (a) apply to routine, on-going activities which departments, 
agencies and instrumentalities provide through contract as part of 
their regular mission. 
SEC. 516. 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, and (2) the dollar amount of Federal funds for the 
project or program. 
102 STAT. 1716 
PUBLIC LAW 100-436—SEPT. 20, 1988 
SEC. 517. Notwithstanding any other provision of this Act, funds 
appropriated or otherwise made available which are not mandated 
by law for programs, projects or activities funded by this Act shall 
be reduced by 1.2 per centum. 
This Act may be cited as the "Departments of Labor, Health and 
Human Services, and Education, and Related Agencies Appropria-
tions Act, 1989". 
Approved September 20, 1988. 
LEGISLATIVE HISTORY—H.R. 4783: 
HOUSE REPORTS: No. 100-689 (Comm. on Appropriations) and No. 100-880 (Comm. 
of Conference). 
SENATE REPORTS: No. 100-399 (Comm. on Appropriations). 
CONGRESSIONAL RECORD, Vol. 134 (1988): 
June 15, considered and passed House. 
July 25-27, considered and passed Senate, amended. 
Sept. 9, House agreed to conference report; receded and concurred in certain 
Senate amendments, in others with amendments; and insisted on disagree-
ment to another Senate amendment. 
Sept. 12, Senate agreed to conference report; concurred in certain House 
amendments. 
Sept. 13, Senate receded from its amendment. 
o