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DEC 2 8 1982 TERA O Yon O Ho MEMORANDUM FOR:
Harold R. Denton Director cELD S/F Office of Nuclear Reactor Regulation Index#
FROM:
Guy H. Cunningham, III Titio or filo Executive Legal Director
SUBJECT:
REGULATIONS TO IMPLEMENT LEGISLATION ON (1) TEMPORARY OPERATING LICENSING AUTH0
-j AND(2)NOSIGNIFICANTHAZARDSCONSIDERa(iiY iiva (THE"SH0LLYAMENDMENT")
This is the package of regulations implementing the legislation on temporary operating licensing authority and no significant hazards consideration (the "Sholly Amendment"). Our staffs have been working on it since the last package I sent you; yours has received advance copies of this package.
Bill Dircks would like to send the package to the Commission as soon as the
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legislation is signed.
I would therefore appreciate your prompt review and concurrence.
Original signed by Guy H. Cunningham, lll Guy H. Cunningham, III Executive Legal Director Attachmer.t:
As stated cc: TDorian, OELD WJ0lmstead, OELD MMalsch, OGC DISTRIBUTION
' y,l TFDorian, DELO j ll WJ0lmstead, OELD 9
GHCunningham, ELD MMalsch, GC
-j OELD R/F OEL 41 514 e60327 eg jp Central File 2 45FR20491 PDR i
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PUBLIC LAW 97-377-DEC. 21,1982
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- CONTINUING APPROPRIATIONS FOR FISCAL YEAR 1983 i
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96 STAT.1830 PUBLIC LAW 97-377-DEC. 21,1982
- Public Law 97-377 97th Congress Joint Resolution Dec. 21,1982 51aking further continumg appropriations and providing for productive employment p g gi; for the fiscal year 19M. and for other purposes Resolved by the Senate and House of Representatives of the United continuing States of America in Congress assembled. That the fnllowing sums appropriati=$
are appropriated, out o any money in the Treasury not otherwiw r
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appropriated, and out of applicable corporate or other revenues, receipts, and funds, for the several departments, agencies, corpora-tions, and other organizational units of the Government for the fiscal year 1983, and for other purposes, namely:
TITLE I FURTHER CONTINUING APPROPRIATIONS ACr 1983 SEC.101. (aki) Such amounts as may be necessary for continuing projects or activities (not otherwise specifically provided for in this joint resolution) which were conducted in the fiscal year 1982 and for which appropriations, funds, or other authority would be avail-able in the following appropriations Act:
Treasury, Postal Service, and General Government Appropri-ation Act,19S3.
(2) Appropriations made by this subsection shall be available to i
the extent and in the manner which would be provided by the pertinent appropriation Act.
(3) Whenever the amount which would be made available or the authority which would be granted under an Act listed in this subsection as passed the llouse as of December 17,1982, is different frem that which would be available or granted under such Act as passed by the Senate as of December 17,1982, the pertinent project or activity shall be continued under the lesser amount or the more l
restrictive authority Provided. That where an item is included in only one ver:; ion of an Act as passed by both liouses as of December 17,1982, the pertinent project or activity shall be continued under the appropriation, fund, or authority granted by the one liouse, but at a rate for operations of the current rate or the rate permitted by the action of the one llouse, whichever is lower, and under the authority and conditior.s provided in applicable appropriation Acts for the fiscal year 1982: Provided further That for the purposes of this joint resolution, when an Act listed in this subsection has been reported to the flouse or the Senate but not passed by that flouse as I
of December 17,1982, it shall be deemed as having been passed by that flouse.
(4) Whenever an Act listed in this subsection has been passed by only the IIouse as of December 17, 1982, the pertinent project or activity shall be continued under the appropriation, fund, or author-ity granted by the liouse, but at a rate for operations of the current rate or the rate permitted by the action of the llouse, whichever is
" Note: The printed text of Public Law 97-:r?7 is a reprint of the hand enrollment, signed by 'he President on December 21,19*2
PUBLIC LAW 97-377-DEC. 21,1982 96 STAT.1831 lower, and under the authority and conditions provided in appli-cable appropriation Acts for the fiscal year 1982.
(5) No provision which is included in an appropriation Act enu-merated in this subsection but which was not included in the applicable appropriation Act of 1981 and which by its terms is applicable to more than one appropriation, fund, or authority shall be applicable to any appropriation, fund, or authority provided in the joint resolution unless such provision shall have been included in identical form in such bill as enacted by both the llouse and the Senate.
(bx1) Such amounts as may be necessary for continuing the activities of the Foreign Assistance Appropriations Act of 1982, Public Law 97-121, under the terms and conditions, and at the rate, 95 Stat.1647.
provided for in the Act, notwithstanding section 10 of Public Law 91-672, and section 15(a) of the State Department Basic Authorities 22 Use 2412.
Act of 1956, or any other provision of law or section 102 of this joint 22 USC 2M resolution: Provided, That amounts allocated to each country under Nr.ptw this paragraph shall not exceed those provided in fiscal year 1982 and new country programs shall not be initiated unless submitted through t! a regular reprograming procedures of the Committees on Appropriations: Provided further, That notwithstanding the provi-
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1 sions of this paragraph making amounts available or otherwise providing for levels of program authority, the following amounts only shall be available and the followins, levels of authority only shall be provided for the following accounts or under the following headings: $284,100,437 for payment to the " Inter-American Develop-ment Bank" and not to exceed $828,137,742 in callable capital subscriptions; $126,041,553 for payment to the " International Bank for Reconstruction and Development" and not to exceed
$1,530,275,913 in callable capital subscription >; $700,000,000 for pav-ment to the " International Development Association"; $131,882,515 for payment to the " Asian Development Bank" and not to exceed
$1243,811 in callable capital subscriptions; $50,000,000 for payment to the " African Development Fund"; $249,002,000 for " International Organizations and Programs"; including the provisions of section 103sg) of the Foreign Assistance Act of 1961, except that such funds 22 Use 2151.
shall be made awilable only in accordance with the Joint Explana-tory Statement cf the Committee of Conference accompanying the conference report on this joint resolution (IIJ. Res. G3l t,
$140,288,000 for " Energy and selected development activities, Devel-opment Assistance", $2T5,000,000 for " International disaster assist-ance"; $93,757,000 for "Sahel development program", of which not less than $2,000,000 shall be available only for the African Develop-ment Foundation; $35,403,000 for " Payment to the Foreign Service Retirement and Disability Fund"; $1,700,000 in foreign currencies for "Oversess training and s. ial deselopment activities (foreign currency program)"; $2,576,
,000 for the " Economic Support Fund" (without applying prior year earmarking of funds for Sudan and Poland), of which not less than $785,000,000 shall be available for Israel and not less than S750,000,000 shall be available for Egypt;
$31,100,000 for " Peacekeeping operations"; $335,000,000 for "Operat-ing expenses of the Agency for International Development";
$10,500,000 for " Trade and development"; $109,000,000 for the
" Peace Corps", $395,000,000 for " Migration and Refugee Assistance" (without applying prior year earmarking of funds); $290.000,000 for necessary expenses to carry out the provisions of section 503 of the Foreign Assistance Act of 1961 and the provisions of title I of 22 Usc 2at t.
96 STAT.1832 PUBLIC LAW L377-DEC 21,1982 S 260N as reported, of w hich not less than $110JHHUHH) 3 hall be asailable for Turkey, not less than $37,MHUHH) shall be availabh for Portugal, and not hws than $BJH k U N H) shall be available for Morocco, $45Akk U MM for " International Mihtary Education and Training". $1.175aHKWOO for necessary expenses to carry out sec-22 N w tions 23 and 24 of the Arms Export Contml Act and the pros tsions of 2W title I of S 260N as reported of w hich not less than $7MUHHUNO shall be allocated to Israel t$1.7tHUHHUkW of the amount provided for the total aggregate credit sale ceihng durmg the current fiscal year shall be allocated only to Israeli and not less than $4253HHUHo shall be allocated to Egypt, $3,63sJHKUMM of contingent liabihty iof which not less than $2903HkUNO shall be available for Turkey, not less than $52.500aKm shall be available for Portugal, not hws than
$75 0iHURM shall be available for Morocco, and not less than
$4HUHHUOO shall be available for Spami for total commitments to guarantee loans under " Fo retgn Mihtary Credit Sales". not to exceed $1251HHUHo are authorued to be made mailable for the "S pecial Defense Acquisition Fund" and not to exceed
$4.40tukHUHH) of gross obhgations for the principal amount of direct loans and $9JHHDhh)JH.HI O[ (O{al Commitments Io guaTanIW loans under ~ Export-Import Bank of the United States" Pn u oled / u r t her.
That none of the funds available under this paragraph may be made available for payment to the " International Finance Corporation Pnu nled further. That in addition to the funds made available under this paragraph for the " Economic Support Fund $s5sHHuno is avalable for the " Economic Support Fund to be transferred to the Agency for Imernational Development for economic des elop-ment assistance projects, under the terms and conditions of sections N'
103 through lo6 of the Foreign Assistance Act of 1961. such projwts 2 a-a to be approved ti. rough the estabbshed reprograming processes of the Appropriations Committee of the flouw of fleprewntatises and of the benate. except that none of the funds provided herein shall be available ior nondeselopment acti'.ities including balance of pay-ment 3 support. commodity imports, sector loans, and program loans Pros ided further. That notwithatandmg any other provision of this Jomt resol ution or am other Act, $53HUHo of the f und3 prm ided for lionduras under the authority of this joint resolution shall not be made avadable until that country meets the final terms of the bindmg arbitration award estabbshed by the Inter-American Com-mercial Arbitration Commission as regards Construction Aggregates Corporation 2 Notwithstandmg section 102 of this jo nt resolution. chapter 1 Iw,.-"
of part I of the Foreign Assistance Act of 1%1 is amended by adding at the end thereof the following new section
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' Sec 123 T A RG ETI No AS5157 A N cF FOR 'l H os t I.i v i N o I N A Hsol f T E Povun -In carrying out this chapter. the President m fiscal year W.1. shall attempt to use not h ss than 40 per centum of the f unds
- l made avadable to carry out this chapter to fina nce prod uct ive
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facihties, goods, and sernces w hich will expeditiously and directiv benefit those hving in absolute pmerty ia-determined under the standard 3 for absolute poverty adopted by the International Bank for fleconstruction and Development and the International Develop-ment Associationi Such facilitum. goods, and services may include, L.'
for example, irrigation facihtu s. extension servicem. credit for small farmers, roads, safe drmkmg water supplus and health wrvicem Such facihties, goods. and services may not mclude studies. reporta, techmcal advice consulting serv ces, or any other items unhws ' At g
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PUBLIC LAW 97-377-DEC. 21,1982 96 STAT,1833 they are used primarily by those living in absolute poverty them-selves, or (B) they constitute research which produces or aims to produce techniques, seeds, or other items to be primarily used by those living in absolute poverty, Research shall not consititue the major part of such facilities, goods, and services.". Prot ided further, neport to That within six months after the date of approval of this joint Ca r"*
resolution, the Administrator of the Agency for Iraernational Devel-opment shall report to Congress on the implementation of this provision, the types of projects determined to meet these require-ments, and the ef'fect on the overall United States foreign assistance program.
(c) Notwithstanding any other provision of this joint resolution, such amounts as may be necessary for programs, projects or activi-ties provided for in the Department of Defense Appropriation Act, 1983, at a rate of operations and to the extent and in the manner provided, to be effective as if it had been enacted into law as the regular appropriation Act, as follows:
AN AC1' Making approprutions for the Department of Defense for the fiscal year en&ng Septernber 30,19NI, and for other purpom De it enacted by the Senate and House of Representatiers of the United States of America in Congress assembled. That the following ik mrtment of Iden-sums are apprcpriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30,
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3 1983, for military functions administered by the Department of Defense, and for other purposes, namely:
TITLE I MILITARY PERSONNEL MtuTARY PERSONNEL, ARMY For pay, allowances, individual clothing, subsistence, intert5t on deposits, gratuities, permanent change of station travel (includmg all expenses thereof for organizational movements), and expene of temporary duty travel between permanent duty stations, for mem-bers of the Army on active duty (except members of reserve compo-nents provided for elsewhere), cadets, and aviation cadets;
$14,454,848,000.
Mil.ITARY PERSONNEL, NAVY For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for mem-bers of the Navy on active duty (except members of the Resene provided for elsewhere), midshipn.en, and aviation cadets;
$10,537,408,000.
MiuTARY PERSONNE1., MARINE CORPS For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of
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96 STAT.1834 PUBLIC LAW 97-377-DEC. 21,1982 an m
temporary duty travel between permanent duty stations, for mem-bers of the 51arine Corps on active duty (except members of the Reserve provided for elsewhere); $3,293,277,000.
p hinuTARY PERSONNEL Ara Foncs f
r For pay, allowances, individual clothing, subsistence, interest on h
deposits, gratuities, permanent change of station travel (including E
r all expenses thereof for organizational movements), and expenses of i
temporary duty travel between permanent duty stations, for mem.
bers of the Air Force on active duty (except members of resene components provided for elsewhere), cadets, and aviation cadets;
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$12,099,850,000, a
Restavs PERSONNE4 AnuY p
For pay, allowances, clothing, subsistence, gratuities, travel, and
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related expenses for personnel of the Army Reserve on active duty
-p under sections 265,3019, and 3033 of title 10. United States Code, or
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while serving on active duty under section 673d) of title 10, United States Code, in connection with performing duty specified in section F
F 678(a) of title 10, United States Code, or while undergomg reserve training, or while performing drills or equivalent duty or other duty, g
and for members of the Reserve OfUcers' Training Corps, and expenses authorized by section 2131 of title 10. United States Code.
r-i as authorized by law; $1,247,250,000.
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Restave PrasoNNE4 NAVY For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Naval Reserve on active duty under section 265 of title 10 United States Code, or personnel while E
serving on active duty under sectio i 673d) of title 10, United States 9
Code,in connection with performing duty specified in section 678a) of title 10, United States Code, or while undergoing reserve training.
6 or while performing drills or equivalent duty, and for members of E
the Reserve Officers' Training Corps, and expenses authorized by i
section 2131 of title 10, United States Code, as authorized by law;
$657,125,000.
REstava PEaSONNE4 h!ARINE CORPS g
For pay, allowances, clothing, subsistence, gratuities, travel, and E
related expenses for personnel of the Starine Corps Reserve on p
active duty under section 265 of title 10, United States Code, or while servmg on active duty under section 673dl of title 10, United States Code, in connection with performing duty specified in section 678a) of title 10, United States Code, or while undergoing reserve
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training, or while performing drills or equivalent duty, and for members of the 5farine Corps platoon leaders class, and expenses r
authorized by section 2131 of title 10, United States Code, as author-ized by law; $170,900,000.
E Restave PERSONNEL Ain Foxcz g
For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for rsonnel of the Air Force Reserve on active duty under sections ' 65, 8019, and 8033 of title 10. United States f
Code, or while serving on active duty under section 673d) of title 10,
PUBLIC LAW 97-377-DEC. 21,1982 96 STAT,1835 United States Code, in connection with performing duty specified in section 678(a) of title 10. United States Code, or while undergoing reserve training, or while performing drills or equivalent duty or other duty, and for members of the Air Reserve Officers' Training Corps, and expenses authorized by section 2131 of title 10, United States Code, as authorized by law; $358,925,000.
NADONAt. GUARD PERSONNEt, ARMY For pay, allowances, clothing, subsistence-gratuities, travel, and rel:ted expenses for personnel of the Army National Guard while on duty under sections 265,3033, or 3496 of title 10 or section 708 of tith 32, United States Code, or while serving on active duty under section 673d) of title 10 or section 5030 of title 32, United States Code, in connection with performing duty specified in section 6784a) cf title 10, United States Code, or while undergoing training, or while performing drills or equivalent duty or other duty, and cxpenses authorized by section 2131 of title 10. United States Code, as authorized by law; $1,698,800,000.
NAnoN At. GUARD PERSONNEI., Ain FORCE For pay, allowances, clothing, subsistence, gratuities, travel, and rel:_ted expenses for personnel of the Air National Guard on duty under sections 265, E033, or 8496 of title 10 or section 708 of title 32, United States Code, or while serving on active duty under section 673d> of title 10 or section 5030 of title 32, United States Code, in connection with performin.; duty specified in section 678(a) of title 10, United States Code, or while undergoing training, or while performing drills or equivalent duty or other duty, and expenses ruthorized section 2131 of title 10, United States Code, as author-ized by law; 548,425,000.
TITLE 11 RETIRED 511LITARY PERSONNEL RrrtRED PAY, DEFENSE For retired pay and retirement pay, as authorized by law, of military personnel on the retired lists of the Army, Navy, Starine Corps, and Air Force, including the reserve components thereof, retainer pay for personnel of the inactive Fleet Reserve, and pay-ments under section 4 of Public Law 92-425 and chapter 73 of title 10, United States Code; $1F,lTA,M)0,000.
toUmim note,1131 et a.
TITLE Ill OPERATION AND AIAINTENANCE OPERATION AND hlAINTENANCE, ARuY For expenses, not otherwise provided for, necessa for the oper-ction and maintenance of the Arrry, as authorized b law; and not to cxceed $7,310,000 can be used for emergencies and extraordinary cxpenses, to be expended on the cpproval or authority of the Secre-tary of the Army, and paymenta may be moda on his certificate of necessity for confidential military purposes; $15,84 T,425,000, of L
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96 STAT.1836 PUBLIC LAW 97-377-DEC. 21,1982 m
which not less than $1,240,000,000 shall be available only for the maintenance of real property facilities.
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ARuy STocx FUND E -
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For the Army stock fund; $221,138,000.
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OPERATION AND MAINTENANCE, NAVY For expenses, not otherwise provided for, necessary for the oper-1 ation and maintenance of the Navy and the Marine Corps, as autherized by law; and not to exceed $2,620,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of the Navy, and payments may be made on his certificate of necessity for confidential military purposes; $21,079,712,000, of wh!ch not less than $657,000,000 rhall he available only for the mainteriance of real property facilities:
?rovided, That of the total amount of this appropriations made available for the alteration, overhaul, and repair of naval vessels, not more than $2.887,000,000 shall be available for the performance of such work in Navy shipyards: Provided[urther, That funds herein l
provided shall be available for payments m support of the L EASAT program in accordance with the terms of the Aide Memoire, dated January 5,1981.
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NAVY STocx FUND
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i For the Navy stock fund; $354,372,000.
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OPERATION AND MAINTENANCE, MARINE CORPS For expenses, r.ot otherwise provided for, necessary for the oper-
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ation and maintenance of the Marine Corps, as authorized by law;
$1,481,671,000, of which not less than $218,000,000 shall be available 5
only for the maintenance of real property facilities.
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MARINE CORPS STocx FUND For the Marine Corps stock fund; $11,812,000.
OPERATION AND MAINTENANCE AIR force For expenses, not otherwise provided for, necessary for the oper-ation and maintenance of the Air Force, as authorized by law, ir'cluding the leaw and amiated maintenance of replacement aircraft for the CT-39 aircraft to the same extent and manner as
, j authorized for service contracts by section 2306'g), title 10, United States Code; and not to exceed $4,490,000 can be used for emergen-cies and extraordinary expenses, to be expended on the approval or j
authority of the Secretary of the Air Force, and payments may be l
made on his certificate of necessity for confidential military pur-poses; $16,915,766,000, of which not less than $1,100,000,000 shall be available only for the maintenance of real property facilities.
AIR For.cE STocx FUND For the Air Force stock fund; $161,600,000.
m PUBLIC LAW 97-377-DEC. 21,1982 96 STAT,1837 OrERAT10N AND hlAINTENANCE, DEFENSE AGENCIES For expenses, not otherwise provided for, necessary for the oper-ation and maintencnce of activities and agencies of the Department of Defense (other than the military departments), as authorized by law; $5,715,778,000: Pivridal. That not to exceed $7,890,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of Defense, and payments may be made on his certificate of necessity for confidential military purposes-Provided further, That not less than $80,000,000 of the total amount of this appropriation shall be available only for the maintenance of real property facilities.
DEFENSE SToCx FUND For the Defense stock fund; $160,500,000.
OPERATION AND h!AINTENANCE, An Y REsEnvE For expenses, not otherwise provided for, necessary for the oper-ation and maintenance, including training, organization, and administration, of the Army Reserve; repair of facilities and equip-ment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications; $705,584,000, of which not less than $35,000,000 shall be available only for the maintenance of real property facilities.
OPEnArioN AND SIAINTENANCE, NAVY REsEnvE For expenses, not otherwise provided for, necessary for the oper-ation and maintenance, including training, organization, and administration, of the Navy Reserve; repair of facilities and equip-ment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications; $637,507,000, of which not less than $25,000,000 shall be available only for the maintenance of real property facilities.
OPERAT1oM AND hfAINTENANCE, blARINE corps REsEnvE For expenses, not otherwise provided for, necessary for the oper-ation and maintenance, including training, organization, and administration, of the hIarine Corps Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transporta-tion; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications; $51,094,000, of which not lem than $1,000,000 shall be available only for the maintenance of real property facilities.
OPERATloN AND STAINTENANCE, Aia FonCE REsEnvE Ibr expenses, not otherwise provided for, necessary for the oper-ation and maintenance, including training, organization, and ad.
ministration, of the Air For e Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transporta-tion; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications; $765,735,000, of which not less m
96 STAT.1838 PUBLIC LAW 97-377-DEC,21,1982 than $17,500,000 shall be available only for the maintenance of real property facilities.
OPERATION AND MAINTENANCE, ARuy NAT10NAI, OtJARD E
For expenses of training, organizing, and administering the Army National Guard, including medical and hospital treatment and r
related expenses in non-Federal hospitals; mamtenance, operation, F
and repairs to structures and facihties; hire of paswnger motor vehicles; personnel services in the National Guard Bureau; travel expenses (other than mileage), as authorized by law for Army L
personnel on active duty, for Army National Guard division, regi-mental, and battalion commanders while inspecting units in compli-ance with NationalGuard regulations when specifically authorized by the Chief, National Guard Bureau; supplymg and equipping the Army National Guard as authorized by law; and expenses of repair.
modification, maintenance, and issue of supplies and equipment (including aircrafD; $1,195,067,000, of which not less than
$35,000,000 shall be available only for the maintenance of real property facilities.
OPERAT!oN AND MAINTENANCE, AIR NATIONAL GUARD v
For operation and maintenance of the Air National Guard,includ.
L ing medical and hospital treatment and related expenses in non-f Federal hospitals; maintenance, operation, repair, and other neces-g sary expenses of facilities for the training and administration of the Air National Guard, including repair of facilities, maintenance, operation, and modification of aircraft; transportation of things; hire r
of passenger motor vehicles; supplies, materials, and equipment, as authorized by law for the Air National Guard; and expenses incident to the maintenance and use of supplies, materials, and equipment, including such as may be furnished from stocks under the control of agencies of the Department of Defense; travel expenses (other than mileage) on the same basis as authorized by law for Air National 4
Guard personnel on active Federal duty, for A r National Guard commanders while inspecting units in compliance with National Guard regulations when specifically authorized by the Chief, 6
National Guard Bureau; $1,822,603,000, of which not less than E
$35,000,000 shall be available only for the maintenance of real r
property facilities.
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NAT10NAI, BOARD FoR THE PRowoTioN or R: rte PRACT!cE, ARuy L
for the necessary expenses, in accordance with law, for construc-t'on, equipment, and maintenance of rifle ranges; the instruction of citizens in marksmanship; the promotion of rifle practice; and the travel of rifle teams, military porsonnel, and individuals attending regional, national, and international competitions; $875,000, of F
which not to exceed $7,500 shall be available for incidental expenses E
of the National Board; and from other f'mds provided in this Act, not to exceed $680,000 worth of ammunition may be issued under authority of title 10, United States Code, section 4311: Pnwuled,
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That competitors at national matches under title 10. United States y
Code, section 4312, may be paid subsistence and travel allowances in excess of the amounts provided under title 10 United States Code, section 4313.
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PUBLIC LAW 97-377-DEC. 21,1982 96 STAT.1839 Ct.Aius, Duransa For payment, not otherwise provided for, of claims authorized by law to be paid by the Department of Defense (except for civil functions), including claims for damages arising under training contracts with carriers, and repayment of amounts determined by the Secretary concerned, or ofHeers designatcd by him, to have been erroneously collected from military and civilian personnel of the Department of Defense, or from States, territories, or the District of Columbia, or members of the National Guard units thereof;
$147,500,000.
CocaT cr M UTARY APPEAIE, Dertss For salaries and expenses necessary for the United States Court of Milittry Appeals; $3,271,000, and not to exceed $1,500 can be used for official representation purposes.
TITLE IV PROCUREMENT Aracarrr PaoccaturxT, Anur For construction, procurement, production, modification, and modernization of aircraft, equipment, including ordnance, ground
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handling equipment, spare parts, and accesscries therefor; special-ized equipment and training devices; expansion of public and private plants, including the land necessary therefor, without regard to section 4774, title 10, United States Code, for the fo *oing purposes, and such lands and interests therein, may be acqui
, and construe-tion prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; and procurement and oUSC2%
instal?ation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment lay $2,506,572,000,away; and other expenses necessary for th foregoing purposes; of which $10,000,000 shall be rvailable only for procurement of C-12 car *o aircraft for the Army N:tional Guard, to remain available for obIigation until September 30,1985: Procided, That notwithstanding anv other provision of this Act, after the head of the agency concerned gives written notifica.
tion of a proposed multiyear contract for the CII-47D llelicopter Modernization Program to the Committees on Armed Services and on Appropriations of the Senate and flouse of Representatives, such contract may not then be awarded until the end of a period of 45 days beginning on the date of such notification.
Mtssit.x PaocuarurxT, Anur For construction, procurement, production, modification, and modernization of missiles, equipment, including ordnance, ground handling equipment, spare parts, and accessories therefor; special-ized equipment and training devices; expansion of public and private a
plants, including the land necessary therefor, without regard to section 4774, title 10, United States Code, for the foregoing purixmes, and such lands and interei ts therein, may be acquired, and construc-tion prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; and procurement and i
PUBLIC LAW 97-377-DEC. 21,1982 h
96 STAT.1840 r_
installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-P K-owned equipment lavaway; and other expenses necessary for the foregoing pu
$2.281,000,000, of which $422,100,000 shall be i
available on] for purchase of the Multiple launch Ilocket System under a multiyear contract, to remain available for obligation until September 30,1985.
PROCUREMENT OF WEAPONS AND TRAcurn CoMaAT VEiuCt.Es, ARMY r
(INetrDING TRANSFER or FUNDSD For construction, procurement, production, and modification of i
weapons and tracked combat vehicles, equipment, including ord-nance, spare parts and accessories therefor: specialized equipment and training devices; expansion of public and private plants, includ-J ing the land necessary therefor, without regard to section 4774, title r
10, United States Code, for the foregoing purposes, and such lands r
and interests therein ma be acquired, and construction prosecuted thereon prior to approva of title as required by section 3a5, llevised E
40 Use m.
Statutes, as amended; and prccurement and installation of equip-h ment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor owned equipment
-g lavaway; and other expenses necessary for the foregoing purpoes;
=l"
?
Si,551,646,000, and in addition, 5198.200,000, of which $67,000,000 g
shall be derived b transfer from " Procurement of Weapons a,nd Tracked Combat V hicles, Army, 1981/1983", and $131,200,000 shall
=-
=
b be derived by transfer from " Procurement of Weapons and Tracked E
1982/1984", to emain available for obliga-Combat Vehicles, Army,1985.
[
[
tion until September 30, E
uy PROCUREMENT or AMMUNiilnN, ARMY E
For construction, procurement, production, and modification of E
ammunition, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including ammunition facilities authorized in military construction authoriza.
tion Acts or authorized by section 2673, title 1 United States Code.
E and the land necessade, therefor, without regar to section 4774, title E
10, United States C for the foregoing purposes, and e 'eh lands and interests therein, may be acquired, and construction frowcuted thereon prior to approval of title as required by section 3a5, Revised 7
Statutes, as amended; and procurement and installation of equip-ment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned quipment layaway; and other expenses necessary for the foregoing purpoes; i
$2,122,394,000, to remain available for obligation tantil September j
30,1985.
OrHER PROCUREMENT, ARMY P
For construction, procurement, production, and modification of B
vehicles, including tactical, support (including not to exceed 7 vehi.
P cles required for physical security of personnel notwithstanding C
price limitations apphcable to rasenger carrying vehicles but not to exceed $100,000 per vehicle), a nd nontracked combat vehicles; the
~
purchase of not to exceed two thousand and twenty five pasenger motor vehicles for replacement only; communications and electronic su E
a
PUBLIC LAW 97-377-DEC,21,1982 96 STAT,1841 equipment; other support equipment; spare parts, ordnance, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefar, without regard to section 4774, title 10, United States Code, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as 40Use u, amended; and procurement and installation of equipment, appli-ances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necemary for the foregoing purposes; $1,123,404,000, to remain available for obligation 'mtil September 30,1985.
AIRCRAFT FROCUREMENT, NAVY For construction, procurement, production, modification, and modernization of airtraft, equipment including ordnance, spare parts, and accesories therefor; specialized equipment; expansion of public and private plants, including the land necessary therefor, and i
such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as required bj scetion 355 Revised Statutes, as amended; and procurement and installa-tion of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; $10,416,107,000, of which $267,800,000 shall be available only for purchase of C-2 aircraft under a multiyear con-tract, to remain available for obligation until September 30, lib 5.
Nnded. That none of the funds appropriated or made available pursuant to this paragraph for the F/A-18 aircraft program may be obligated or expended until the Secretary of the Navy submits to the Committees on Appropriations of the llouse of Representatives and the Senate a certified plan to incorporate a United States manufac-tured ejection seat system in F/A-18 aircraft purchased with fiscal year 1933 and future funds: Neided further, That none of the funds appropriated or made available pursuant to this paragraph for F/A-18 advance procurement may be obligated or expended for any of those aircraft scheduled to replace Navy attack mission aircraft squadrons until such time as the Secretary of Defense certifies, in writing, that the A-18 version of the aircraft meets the originally estabhshed attack mission requirements, goals, and specifications.
WEAPONS FRoCllREMENT, NAVY For construction, procurement, production, modification, and modernization of missiles, torpedoes, other weapons, and related support equipment including spare parts, and accesories therefor; expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355 Revised Statutes, as amended; and procure-ment and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layawav $3,561,700,000, of which
$124,700,000 shall be available only fo;r the purchase of Mark-46 torpedoes under a multiyear contract, to remam available for obliga-tion until September 30, 1985, distributml as follows: For mismle programs, $ 2,8 8 4,200,000; for the MK-48 torpedo program,
=
E a
96 STAT.1842 PUBLIC LAW 97-377-DEC. 21,1982
=
$119,300,000; for the MK-46 torpedo program, $124,700,000; for the MK-60 torpedo p vam, $133,2w,000; for the MK-30 mobile target program, $19,400,0t ; for the MK-38 minimobile target program,
$2,300,000; for the ar N abmarine rocket (ASROCl program,
$10,100,000; for modification of torpedoes, $76,500,000; for the torpe-do support equipment program, $66,900,000; for the MK-15 close in we9 pons system program, $118,740,000; for the MK-75 76-millime-g ter gun mount program, $10,700,000; for the MK-19 gun mount
~
program, $400,000; for the 20-millimeter gun mount program, d400,000; for the modification of guns and gun mounts, $19,700,000; E
for the guns and gun mounts support equipment program, w
$17,460,000; and reductions of $1,100,000 for consultants, studies and r-analyses, and $1,200,000 for personnel security clearances.
?
For expenses necessary for the construction, acquisition, or con-version of vessels as authorized by law, including armor and arma-ment thereof, plant equipment, appliances, and machine tools and installation thereof in public and private plants; reserve plant and Government and contractorowned equipment layaway; procure-ir ment of critical, long leadtime components and designs for vessels to w
be constructed or converted in the future; and expansion of public T
and private plants, including land necessary therefor, and such E
F lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section
=_
s 40 t;sc m 355, Revised Statutes, as amended, as follows: for the Trident sub-E marine program, $1,462,600,000; for Trident submarine program i
advance procurement, $81,300,000; for the CVN aircraft carrier E
'm program, $6,57),500,000, to be available for construction only under 1
C a firm, fixed price type contract; for the SSN-DM nuclear attack submarine program, $1,420,200,000; for the reactivation of the U.S S.
Iowa, $300,800,000, for the aircraft carrier service life extension 5
i-program, $699,500,000; for the CG-47 AEGIS cruiser program.
i
$2,901,700,000; for the ISD-41 landing ship dock program, r
[
$415,600,000; for the FFG guided missile frigate program, i
L
$646,300,000, of which not less than $40,000,000 shall be available e
only for an X-band phased array radar, and in addition, $35,000,000 E
L^
shall be derived by transfer from the "FFG guided missile frigate
[
program" of " Shipbuilding and Conversion, Navy, 1982/19A6"; for g
F-the T-AO fleet oiler ship program, $173,000,000; for the MCM mine countermeasures ship program, $100,000,000; for the ARS salvage ship program, $50,000,000; for the T-AKRX fast logistics ship pro.
ram, $44,000,000; for the T-AllX hospital ship program, m
E g$300,000,000, however, none of these funds may be obligated or expended until such time as the Department of the Navy provides a g
L budget quality cost estimate, based upon a completed contract design which supports the original hospital ship requirements as presented to the Congress; for the LilD-1 amphibious assault ship program, $55,000,000; for cran, outfitting, post delivery, cost growth, and escalation on prior year programs, $907,900,000; and reductions in the amounts, as follows: 45,900,000 for personnel security clear-E ances; $34,800,000 for consultant, studies and analyses; in all:
$16,076,700,000, and in addition, $35,000,000 to be derived by trans-fer, to remain available for obligation until September 30, IM7:
g Provided, That of the appropriation for " Shipbuilding and Conver-sion, Navy," that expired for obligation on September 30, 1982, p
$176,200,000 shall remain available for obligation until Septem-ber 30,1984: Provided further, That none of the funds herein provided for the construction or conversion of any naval vessel to be E
E i-
=
PUBLIC LAW 97 -377--DEC. 21,1982 96 STAT.1843 constructed in shipyards in the United States shall be expended in foreign shipyards for the construction of major components of the hull or superstructure of such vessel: Pmeided further, That none of the funds herein provided shall be used for the construction of any naval vesselin foreign shipyards.
OrHER PaocCRrutxt, Navy For procurement, production, and modernization of support equip-ment and materials not otherwise provided for Navy ordr.ance and ammunition (except ordnance for new aircraft, new ships, and ships authorized for tonversion); the purchase of not to exceed three hundred and twenty four passenger motor vehicles of which two hundrid and ninety-two shall be for replacement only (including not to exceed 2 vehicles required for physical security of personnel notwithstanding price limitations applitable to passenger carrying e
vehicles but not to exceed $100,000 per vehicle); expansion of ublic E
and private plants, including the land nxessary therefor, an, such lands and interests therein, may be required, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; and procurement and installa-m Use m tion of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor owned equipment layaway; $3,727,075,000, to remain available for obliga-tion until September 30,19s5, distributed as follows For ship sup-port equipment, $543,659,000; for communications and ehrtronies e<3uipment, $1,481,798,000; for aviation supprt equipment,
$.252,636,000; for ordnance support eg for civil engineering support eqmpment, $1.,uipment, $66.,456.000; 2,837,000; for supply support equipment, $81.224,000; and for personnel / command support equip-me nt, $227,435,000.
PRoCURtutxt,31ARINE CORPS For expenses necessary for the procurement, manufacture, and modification of missiles, armament, ammunition, military equip.
ment, spare parts, and accessories therefor; plant e.quipment. appli-ances, and machine tools, and installation thereof in public and private plants; reserve plant and Government and contractormwned equipment layaway; and vehicles for the Marine Corps, including
(;.
purchase of not to exceed one hundred and forty three passenger motor vehicles for replacement only; $2,008,0x3,000, of which I.
$6,779,000 may not be obhgated or expended for procurement of the 81mm SMA% Assault Rocket Launcher and ammunition until the Secretary of Defense certifies to the Committees on Appropriations of the Ifouse of Representatives and the Senate that all technical and operational reqttirements have been demonstrated and that no other weapon is available to fulfill those requirements, to remain available for obligation until September 30,1985.
AIRCRArr PEOCUREMENT, AIR FORCs (INCLUDING TRANSFER OF FUND 86 For construction, procurement, and modification of aircraft and equipment, including armor and armament, specialized ground han-dling equipment, and training devices, spare parts, and accessories
96 STAT.1844 PUBLIC IAW 97-377-DEC. 21,1982 therefor; specialized equipment; expansion of public and private
.~
plants, Governmentowned equipment and installation thermf in such plants, erecticn of structures, and acquisition of land without regard to section 9774 of title 10, United States Code, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to the approval
[
40 Usc :n of title as required by section 355, Revised Statutes, as amended; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation of things; $17,ti5s.500,000, of which $15ti,100.000 shall be available for contribution of the United i
States share of the cost of the acquisition by the North Atlantic Treaty Organization of an Airborne Ear 13 Warning and Control System (AWACS) and, in addition, the 14triment of Defense may make a commitment to the North Atlantic Treaty Organization to 6
assume the United States share of contingent liability in connection with the NATO E-3A Cooperative Programme; of which $71,300,000 shall be available only for the procurement of B-707 aircraft to provide for engines and parts to reengine KC-135 aircraft; and of which $94,800,000 and, in addition, $50,000,000 to be derived by transfer from " Aircraft procurement, Air Force, 1982/1984", shall be available only for procurement of commercial wide body cargo aircraft; of which $795,000,000 shall be available only for purchase of KC-10 aircraft under a multiyear contract, and in addition,
?
$120,000,000 shall be derived by transfer from " Aircraft procure-ment, Air Force, 1982/1984", and shall be available only for the purchase of KC-10 aircraft under a multiyear contract, notwith-standing the provisions of the language contained in the Supplemen-b Ant <. p BIR tal Appropriations Act,1982; to remain available for obligation until September 30,1985.
5tissn.E Paoct atutNr, Ata Fonct r-i 41NCI.ilDING TRANSFER or FUNDM r
For construction, procurement, and modification of missiles, spacecraft, rockets, and reiated equipment, including spare parts and accessories therefor, ground handling equipment, and training 7
devices; expansion of public and private plants Government-owned y
equipment and installation thereof in such plants, erection of struc-r E
tures, and acquisition of land without regard to section 9774 of title k
10, United States Code, for the foregoing purposes, and such lands and interests therein, may be acquired and construction prosecuted i
t thereon prior to the approval of title as required by section 3aa, k
Revised Statutes, as amended; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary 1
for the foregoing purposes including rents and transportation of things; $4,911,100,000, of which $102,000,000 shall be available to initiate multi year contracting for the global positioning system, and n
in addition, $15,000,000 shall be derived by transfer from "Stissile Procurement, Air Force, 1982/1984", to remain available for obliga.
tion until September 30,1985.
F s
ei
PUBLIC LAW 97-377-DEC. 21,1982 96 STAT.1845 4
OrurR PROCUREMENT, AIR force ilNCLUDING TRANSFER OF FUNDS)
For procurement and modification of equipment (including ground guidance and electronic control equipment, and ground a
electronic and communication equipmenti, and supplies, materials, and spare parts therefor, not otherwise provided for; the purchase of not to exceed one thousand three hundred and fifty nine passenger motor vehicles of which eight hundred and eighty five shall be for replacement only; and expansion of public and private plants, Gov-9 ernmentowned equipment and installation thereof in such plants, erection of structures, and acquisition of land without regard to section 9774 of title 10. United States Code, for the foregoing pur-1 poses, and such lands and interests therein, may be acquired, and construction prosecuted thereon, prior to the approval of title as required by section 355, Revised Statutes. as amended; reserve plant e t'sc m and Government and contractorowned equipment layaway;
$5,563,777,000, and in addition, $1,963,000, w hich shall be derived by transfer from "Other Procurement. Air Force, 1982/19st", to remain available for obligation until S?ptember 30,1985.
NATIONAL GUARD AND REstavr EquirurxT For procurement of aircraft, missiles, naval vessels, tracked combat vehicles, torpedoes, other weapons, and other procurement for the reserve components of the Armed Forces, not to exceed
$125,000,000, to remain available until September 30,1985, distrib.
uted as follows: Army National Guard, not to exceed $50,000,000; Air National Guard, not to exceed $15,000,000; Army Reserve, not to exceed $15,000,000; Naval Reserve, not to exceed $15,000,000; Marine Corps Reserve, not to exceed $15,000,000; Air Force Reserse, not to exceed $15,000,000.
0 PRocUReutxT, DEFENSE AGENCIES For expenses of activities and agencies of the Department of Defense (other than the military departments) necessary for pro-curement, production, and modification of equipment, supplies, materials, and spare parts therefor, not otherwise provided for; the pur,;hase of not to exceed one thousand one hundred and thirty nine passenger motor vehicles of which three hundred and forty-five shall be for replacement only; expansion of public and private plants, equipment, and installation therenf in nuch plants. erection of structures, and acquisition ofland for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to the approval of title as required by section 355, Revised Statutes, as amended; reserve plant and Gov-ernment and contractor-owned equipment layaway; $O,145,000, to remain available for obhgation until September 30,1945.11-139 0 2 f4241
96 STAT,1846 PUBLIC LAW 97-377-DEC. 21,1982
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TITLE V L
RESEARCll, DEVELOPMENT, TEST, AND EVALUATION m
RESEARCH, DEVEMPMENT, TEST, AND EVAWATioN, ARMY K
r For expenses necessary for basic and applied scientific research, 5
development, test, and evaluation, including maintenance, rehabili.
tation, lease, and operation of facil; ties and equipment, as author-ized by law; $3,579,ti83,000, to remain available for obligation until September 30,1984.
RESEARCH, DEVEMPMENT, TEST, AND Ev4wattoN, NAVY
-g)
For expenses necessary for basic and applied scientific research.
development, test, and evaluation, including maintenance, rehabili.
E 5
tation, lease, and operation of facilities and equipment, as author-ized by law; $5,9ti5,451,000, of which not less than $15,000,000 shall be available only for the phased array radar improvement program for the Mark 92 fire control system, to remain available for obliga-
=
h tion until September 30, 1984: Procided. That none of the funds 5
appropriated or made available pursuant to this paragraph for the O
development of the Undergraduate Flight Training System WTX-g TSI may be obligated or expended until the Secretary of the Navy
=
[
submits to the Committees on Appropriations of the llouse of P
Representatives and the Senate a certified plan to incorporate a s;-
United States manufactured ejection seat system in the new Under-
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graduate Flight Trainer Aircraft.
a_
RESEARCH, DEVELOrMENT, "EST, AND EvAtx4 Tion, AIR FoncE For expenses necessary for basic and applied scientific research, development, test, and evalu,: tion, including maintenance, rehabili-tation, lease, and operation of facilities and equipment, as author.
ized by law; $10,650,661,000, to remain available for obliyntion until F
5tX miaile September 30,1984: Provided, That none of the funds appropriated
=
7 Wing n*
in this Act may be obligated or expended to initiate full scale engineering development of a basing mode for the MX missile, until a"
such bising mode is approved by both flouses of Congress in a concurrent resolution, as specified in sub>ection (1) hereof.
i=
"Cecurrent (1) For the purposes of this section, the term " concurrent rewlu-
""!"t an -
tion" means only a resolution introduced in either llouse of Con.
gress, the matter after the resolving clause of which is as follows:
L "That the of furds appreprinted in Public Lawapproves the obligation and exyX missil nditure for ?,,
procurement and fullscale engineering development of a basing mode for the MX misssile," the first blank space therein being filled L_
F with the name of the resolving flouse, and the second blank space being filled with the puLlic law number of this statute. It shall not E
be in order to introduce any such resolution prior to the receipt by 7
the Congress of the report of the l' resident required under subsec.
tion (7).
E (2) A resolution in the Senate shall be referred to the Committee on appropriations of the Senate. A resolution in the llouse of Eg Representatives shall be referred to the Committee on Appropri-g ations of the llouse of Representatives.
E F
I"
PUBLIC LAW 97-377-DEC,21,1982 96 STAT,1847 (3) If the committee to which is referred the first resolution introduced in the Senate or the llouse, as the case may be, express-ing approval of the obligation and expenditure of funds referred to in this subsection has not reported the resolution at the end of 45 calendar days after the introduction of a resolution pursuant to subsection (1) hereof, such committee shall be automatically dis-charged from further consideration of the resolution and the resolu-tion shall be placed on the calendar of the Senate, in the case of a resolution of the Senate, or the Union calendar, in the case of a resolution of the llouse of Representatives.
(4) When the committee has reported n resolution or been dis-charged under subsection (3) hereof it is at any time thereaner in order (even though a previous motion to the same effect has bwn disagreed to) to move to proceed to the consideration of the resolu-
~._ ?
tion. The motion is highly privileged in the liouse and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceal to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order.
(5xA) Debate on the resolution shall be limited to not more than rat, fifty hours, which shall be divided equally between those favoring and those opposing the resolution. A motion further to limit debate is not debatable. An amendment to, or motion to recommit, the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order.
(B) Motions to postpone and motions to proceed to the considera-tion of other business shall be decided without debate.
(C) Appeals from the decisions of the Chair relatmg to the applica-
}
tion of the rules of the Senate or the llouse of Representatives, as the case may be, to the procedure relating to a resolution shall be decided without debate.
(6) Subsections (1) through (5) are enacted by the Congress-(A) as an exercise of the rulemaking power of the Senate and the llouse of Representatives, respectively, and as such they are deemed a part of the rules of each flouse, respectively, but applicable only with respect to the procedure to be followed in that ilouse l's the case of resolutions described in subsection (1),
~
and they supercede other rules only to the extent that they are inconsistent therewith; and (B) with full recognition of the constitutional right of either llouse to -hange the rules (so far as relating to the procedures of that flouse) at any time, in the same manner and to the same extent as in the case of any other rule of that ilouse.
(7x A) The President shall submit a report to the Committees on h=+ nual "P
Appropriations and Armed Services of the Senate and the llouse of ["","y"n%
Representatives, not earlier than March 1,1983 containing:
(i) a detailed technical assessment of the chmely spaced basing system transmitted by the President to Congress on Novem-ber 22,1982 or such malifications thereto as the President determines to be advisable; (ii) a detailed technical assessment of other MX basing syn.
tems that might serve as alternatives to the closely spaced basing system transmitted by the President to Congress on November 22,1982;
7 F
L E
96 STAT.1848 PUBLIC LAW 97-377-DEC. 21,1982 (iii) a detailed technical assessment of difTerent types of inter-E continental ballistic missiles that might serve as alternatives to
=
the SIX missile; and
=
tivi a comparative detailed technical assessment of alterna-h tive programs including acceleration of the Trident IIyrogram to provide target coverage equivalent to that of the SIX missde r
system, enhancements and improvements to the 51inuteman missile force, and development and deployment of a land-basal missile system in deep underground t asing, multiple protective shelters and closely spaced basing incorporating mobility and E
deception, a road mobile missile smaller than the SIX and a common missile for land and sea deployment.
p i
(v) a reaffir"ation by the President of his selection of the SIX
=_
missile basing plan tr'ansmitted to Congress on Novemtwr
't',
l-1982 or a propel for on alternative basing plan.
p i
(B) The President shall also include in the report submittal pursuant to paragraph (A) an assessment of the mihtary capability
[
of each alternative system or missile; an assessment of the surviva-a bility of each such system or missile against current and projected E
Soviet threats; an assessment of the projected cost of each such 1
r-nstem or missile and possible upgrades thereof; an assessment of the impact each such system or missile might have on pmsent and future arms control nt gotiations; an assessment of the geographic.
E_
geological, and other qualifications a site for each such system or g
missitc would likely require; an assessment of the environmental
=
impact each such syi, tem or missile would likely have; and the 9
identification of possible sites for each such system or missile.
(O The report required under this subsection shall not be subject to the requirements of e.ection 102:2nD of the National Environmen-E i
u LTc ne tal Policy Act of 190, relating to environmental impact statements.
E Provided further, That notwithstanding any other provision of this Act, no initial flight test of the SIX missile may be conducted until s
after both flouses of the Congress have agreed, in accordance with the provisions of subsections til throur,h (fa of the preceding proviso, to a concurrent resolution approving the obligation and czpenditure of funds for full-scale engineering development of a basing mode for L
such missile.
Rrerancu, DtvEtorutsT, TrSr, AND Evrtx4noN, DEFENSE AGENCIES For expenses of activities and agencies of the Department of Defense tother than the military departments), necensary for tusic w
and applied scientific research, development, test, and evaluation; k
advanced research projects as may be designated and determined by the Secretary of Defense, pursuant to law; maintenance, rehabilita-
=
tion, lease, and operation of facilities and equipment, as authorimi
=
by law; $2,153 lb),000, to remain available for obligation until Sep-Funds. transfer tember 30,198t hueided. That such amounts as may be determinni and merm by the Smetary of Defense to have been made available in other appropriations available to the Department of Defenso during the surrent fiscal year for programs related to advanced research may be transferred to and merged with this appropriation to be available for the same purpmes and time period: Proended further That such amounts of this appropriation as may be determined by the Secre-tary of Defense may be transferred to carry out the purpmes of L
advanced research to tht*.e appropriations foi mihtary functions f
5
I PUBLIC LAW 97-377-DEC. 21,1982 96 STAT.1849 under the Department of Defense which are being utilized for i
rel:ted programs to be merged with and *.o be available for the same time period as the appropriation to whica transferred.
Director or TEST AND EVAt.UAT!oN, DErENSE For expenses, not otherwise provided for, of independent activities of the Director of Defense Test and Evaluation in the direction and supervision of test and evaluation, including initial operational testing and evaluation; and performance of joint testing and evalua-tion; and administrative expenses in connection therewith;
$55,000,000, to remain available for obligation until September 30, 5
1984.
TITLE VI SPECIAL FOREIGN CURRENCY PROGRAM For payment in foreign currencies which the Treasury Depart-ment determines to be excess to the normal requirements of the United States for expenses in carrying out programs of the Depart-ment of Defense, as authorized by law; $3,800,000, to remain avaita-ble for obligation until September 30, 1984: Ducided. That this appropriation shall be available in addition to other appropriations to such Department, for payments in the foregoing currencies.
TITLE VII GENERAL PROVISIONS (INCLUDING TRANSFER or FUNDSI Sec. 701. The expenditure of any appropriation under this Act for re.uit mg any consulting service through procurement contract, pursuant to 5 U.S C. 3109, shall be limited to those contracts where such expendi.
tures are a matter of public record and available for public inspec-tion, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law.
SEc. 701 No part of any appropriation contained in this Act shall Puhinty or be used for publicity or propaganda purposes not authorized by the 8'"'5*""d' Congress.
Sec. 703. During the current fiscal year, the Secretary of Defense Enserts and
"'"* " ta"'"
and the Secretaries of the Army, Navy, and Air Force, respectively, if they should deem it advantageous to the national defense, and if in their opinions the esisting facilitica of the Department of Defense are inadequate, are authorized to procure services in accordance with section 3109 of title 5. United States Code, under regulations prescribed by the Secretary of Defense, and to pay in connection therewith travel expenses of individuals, including actual transpor-tation and per diem in lieu of subsistence while traveling from their homes or places of business to official duty atations and return as may be authoriied by law: hueided, That such contracts may be renewed annually.
Soc. 704. During the current fiscal year, provisions of law prohibit-Nonot uena.
ing the payment of compensation to, or employment of, any person
""8*""a'*"
r
,'", b w, m,n t.
not a citizen of the United States shall not apply to personnel of the io Department of Defense.
ai Tm i
96 STAT.1850 PUBLIC LAW 97-377-DEC. 21,1982 m
Src,705. Appropriations contained in this Act shall be available for insurance of oilicial motor vehicles in foreign counqies, when r
required by laws of such countries; payments in advance. f expenses determined by the investigating officer to be necessary m d in accord with local custom for conducting investigations in foreign countries
=
incident to matters relating to the activities of the department r
concerned; reimbursement to General Services Administration for security guard services for protection of confidential files; and all 5
r necessary expenses, at the seat of government of the United States i
of America or elsewhere, in connection with communication and other services and supplies as may be necewry to carry out the purposes of this Act.
Pwnm d w ar SEc. 70ti. Any appropriation available to the Army, Navy, or Air e
31 thd Force may, under such regulations as the Secretary concerned may prescribe, be used for expenses incident to the maintenance, pay, g-and allowances of prisoners of war, other persims in Army, Navy, or 1
Air Force custody whose status is determined by the Secretary g
concerned to be similar to prisoners of war, and persons detained in L
such custody pursuant to Presidential proclamation.
Imd Src. 707, Appropriations available to the Ikpartment of Defense for the current fiscal year for maintenance cr construction shall be
- W"""
asailable for acquisition of land or interest therein as authorimi by section 2ti72 or 2675 of title 10 United States Code.
SEc. TOR Appropriations for the Department of Defenw for the current fiscal year shall be available tal for transportation to pri-mary and secondary schoals of minor dependents of mihtary and r
civilian personnel of the 9epartment of Ikfenw as authorimi for
=
the Navy by section 7204 of title 10, Unital States Code; tb> for expenws in connection with administration of occupied areas;(c) for payment of re xards as authorimi for the Navy by wetion 72ttka) of title 10 United States Code, for information leading to the discosery of missing naval property or the recovery thereof,(d) for payment of i
deficiency judgments and interests thereon ar6ng out of condemna-t t
tion proceedings;(e) fer leasing of buildmgs and facilities including f
payment of rentals for special purpme space at the seat of gosern-ment, and in the conduct of field exercises and maneuvers or, in administering the provisions of title 43, Unitn! States Code, wetion 31T, rentals may be paid in advance;if) payments under contracts N
for maintenance of tools and facilities for twelve months beginning at any time during the fiscal year;(g) maintenance of defenw access a
roads certified as important to national defense in accordance with wetion 210 of title 23. United States Cate; th) for the purchaw of milk for enlisted personnel of the Department of Defenw heretofore made available pursuant to wctwn 144Ca, title 7, Unitni States Cale, and the cut of milk w) purcham!, as determined by the Secretary of Defense, shall be included in the value of the commuted ration; d) transporting civilian clothing to the home of record of
- l g
selective service inductees and recruits on entering the mihtary services; (j) payments under leases for real or Jersonal property, including maintenance thereof when contractal for as a part of the i
lease agreement, for tweise months beginning at any time during the fiscal year; #k) pay and allowances of not to exceed nme persons, including pers<mnel detailed to International Military lleadquarters and Organimti ms, at rates provided for under wetion 62Tddsli of n use W.
the Foreign Awistance Act of 1%1, as amended, (11 the purchase of right hand drive vehicles not to exceed $12,(MH) per schicle; (m) for payment of unusual cost overruns incident to ship overhaul, mainte.
s
PUBLIC LAW K & -DEC 21. lW'
% STAT IMI nance, and repair for ships induetni into mdustrial fund activities N
or contracted for in prior tiscal years I% <ded That the Secretan of Defense shall isotify the Congrew prompth pruir to obLgation of any such payments. > n' for pay ments f rom annual appropriations to industrial f und act aities and or under cont ract f or s hanges m scotw of ship oserhaul. maintenance and rep.nr atter expiration of ut h appropriations. for wch work either inducted mto the ind u-t rial fund actnity or contracted for m that tiw al year. and ue for pay ments for depot maintenance mt ract s f or t w eh e mon t h-tm n-nmg it any time durmg the tival year Su 7W Appropriations tor the Ikpartment of Iktense f or t he i~
,a.
current tiscal y ear shah be.n adable for ' a. donat ion-of not to exceed $5 to each pruoni r upon each releaw f rom continement m mihtary or contract prison and to eat h person discharged t< r t raud-ulent enhstment 'b' authorved issues of artic!c3 to prisonem apph cants for enhoment and persens in nulit iry cu3tody.
. su bs nt e nce of wiectne -e rsice registrants caHed for mduction app!n mts for enhst ment. pri3oners. en than amployen a aut horuni bs law. and supernumeraries w hen necessitated by emergent nuhtary t ircum
-tinces < d. reimbursement for subsistence.,t en hsted per-in nel a hne sick m hmpitals..e. eymnses of priwner-confinni m nonnuh g utiht-tary facihties. 'f' nuhtary courts, boards, and commiwons.
w rs ices for buildings erected at prnate cost as authorved bs la w and buildinr on mihtan rewn ation3 aut hor ved by regulations ta tw uwd f or w. Ifare and recr"ati - d >u rinws h en hangefees a"d
~~
h >sws m the ac count 3 of disbursing >ttiiers or agents m acciirdam e w it ! ;aw. ' t eyenws of latin American cooper at mo a, aut hor *d J-for the Navs bs law 10 C S C 72ns.. j eywnses of apprehen
..n ind dehvery' of' deserters. prisoners and memtwrs abw n t w it he at lea s e including pay ment of rewards of not to exceed C. m ans on.
k for carry me out wction lo of the A. t of Sept mber M la s' t awamended and l pros iding. w it hout rem;bursement. not to e xx red a3
$UMWiidN> t, prieure su u re communicat i. ins s) ' e ms. npupna nt and related items throughout the l'nited States (;os ernment i
~
m
o The Sc ret a r of Ikfenw and ach port hamns and s Amen ting agenn of the Ik partment of Ih fenw han am si rt ras an mah and nunorit y yw ned bu iness to participate niuitabh m
'he f u rni-hing ot <o m m<nfitie, and wn e.~ tinanced w it h tund-a ppri>pruted under thn Act bs merea. me to an opt unutn L.s el. t he r.v u re es and numbe r of [wrson nel p ont h asugned to pre t mg toth -man and rro no r it y busince i n s oh e men t m purchaw-fi nant ed w it h fund, appropriatni herein and by n.aking as ulable or causm4 to tw made m ailable to uc h bu-messes. m f or ma t ion as far poss ible. with re-Pt' to pu rcha+- proposnt t, he in adsance a, N
- n. ea v it h f und appronriatml under t his Ac t. and hs a%t w small ann mmorits t um ness con < erns to part n ipat e npatabh a-s ubcon t r act ors on cont ra< ts financmi w it h funds a ppropr,at el herein and by otherwiw adorat mg and prosidmg smaH and eun.ir it y busines, opport u n it aw to pa rt n ipat e m the f urnnhme of ( !.m moditie-and wrvices finani ed w it h f und* appropr u'ed by t h m 1 t Lt 711 No part of.m y a pproprut ion..,n t a med m t h m i t hah remam available for obbeat ion bes ond t he i urrent f wal y ear un h~
expressh so providni herem Sn 71/ Durmg the iurmn' tiv al s e ir n..
f und e.olable to u
ags ncies of t he i k pa rt m e n t of th f. n w s h a h he usmi f < >r t he oper ation acqunition or const ruction of new f.u d it o, or npu pment f or new f acilities in th" < ontinental limit s of t he l 'n: ed st a. s f.,r met al r
N e
5 96 STAT.1852 PUBLIC 1AW 97-377-DEC. 21,1982 E
L scrap bailing or shearing or for melting or sw eating aluminum scrap E
P-unless the Secretary of Ikfense or an Assistant Secretary of Ikfense E
designated by him determines, with respect to each facility involved, that the operation of such facility is m the national interest.
L Funds and SLc. 713. (a) During the current fiscal year, the l' resident may m iract exempt appropriations, funds, and contract authoritations, available
""M7 for military functions under the Department of Defense, from the provisions of subsection (c) of wetion 3679 of the llevised Statutes, as i=
31tJse m amended, whenever he deems such action to be necessary in the r
interest of national defense.
EE r
r Airturne alert (b) Upon determination by the l' resident that such action is r-m""""
necessary, the Secretary of Defense is authorited to provide for the P
T.
cost of an a.irborne alert as an excepted expense in accordance with L
I the provisions of section 3732 of the Itevised Statutes (41 U.S.C. Ilt Active duty (c) Upon determination by the l' resident that it is necessary to
""Id)
increase the number of military personnel on active duty subjnt to
/
77,*"j existing laws beyond the number for which funds are provided in
$E this Act, the Secretary of Ikfense is authorimi to provide for the cost of such increusal military personnel, as an excepted expense in accordance with the provisions of wetion 3732 of the llevised Stat-
=
utes til U.S C.11t
[
IMert ta (d) The Secretary of Defense shall immediately advise Congress of C
W'"
the exercise of any authority granted in this section, and shall
=
report monthly on the estimated obligations incurred pursuant to L
subsections ibi and (et P
comm =ary Stc. 714. No appropriation contained in this Act shall be available O
in connection with the operation of commissary stores of the agen-T r-cies of the Department of Defense for the cost of purchase (includmg 1:
E commercial transportation in the United States to the place of sale E--
but excluding all transportation outside the United Statesi and maintenance of operating equipment and supplies, and for the P.
Y actual or estimated cost of utihties as may be furnished by the Government and of shrinkage, spoilage, and pilferage of merchan-
=
,^
dise under the control of such commissary stores, except as author-i ired under regulations promulgated by the Secretaries of the military departments concerned with the approval of the Secretary of Defense, which regulations shall provide for reimburwment therefor to the appropriations concerned and, notwithstanding any other provision of law, shall provide for the adjustment of the sales prices in such commissary stores to the extent necessary to furnish
-F sufficient gross revenues from sales of commissary stores to makt i--
such reimburwment: /hnided That under such regulations as may E
be issued pursuant to this section all utilities may be furnished without cost ta the commissary stores outside the continental Unites! States and in Alaska: Ihn aded further. That no appropri-ation contained in this Act shall be available to pay any costa g
mcurred by any comminary store or other entity acting on lehalf of 5
any commissary store in connection with obtaining the face value y
amount of manufacturer or vendor cents off discount coupons unh ss all fees or moneys received for handhng or processing such coupons are reimburwd to the appropriation charged with the incurred costs: /h>eaded further, That no appropriation contained in this Act 5
shall be available in connection with the operation of commissary M
stores within the continental United States unless the Secretary of y
Defense has certified that items normally procured from commis-K sary stores are not otherwise available at a reasonable distance and i
m I
PUBLIC LAW 97-377-DEC. 21,1982 96 STAT.1853 a reasonable price in satisfactory quality and quantity to the mili-tary and civilian employees of the Department of Defense.
bec. 715. No part of the appropriations in this Act shall be Prunneno available for any expense of operating aircraft under the jurisdie-fbnt tion of the armed forces for the purpose of proficiency Dying, as defined in Department of Defense Directive 1310.4, except in accord-ance with regulations prescribed by the Secretary of Defense. Such regulations til may not require such Dying except that required to maintain proficiency in anticipation of a member's assignment to o
combat operations and (2) such Dying may not be permitted in cases of members who have been assigned to a course of instruction of ninety days or more.
Sec. 716. No part of any appropriation contained in this Act shall llou-hold be available for expense of transportation, packing, crating, tempo-m da rary storage, drayage, and unpacking of household goals and per-sonal effects in any one shipment having a net weight in excess of thirteen thousand live hundred pounds.
m-ta tran.rer Sec. 717. Vessels under the jurisdiction of the Department of 4*l# N*
Commerce, the Department of Transportation, the Department of the Army, the Department of the Air Force, or the Department of the Navy may be transferred or otherwise made available without reimbursement to any such agencies upon the request of the head of one agency and the approval of the agency having jurisdiction of the vessels concerned.
SEC. 718. Not more than 20 per centum of the appropriations in O' heated funda.
h'""""""
this Act which are limited for obrigation during the current fiscal year shall be obligated during the last two months of the fiscal year-Protided "' hat this section shall not apply to obligations for support of active.auty training of civilian components or summer camp training d the Reserve Officers' Training Corps, or the National Board for the Promotion of RiGe Practice, Army.
SEc. 719. During the current fiscal year the agencies of the Forewn rmt Department of Defense may accept the use of real property from M 7 M{
Prol-"
foreign countries for the United States in accordance with mutual defense agreements or occupational airangements and may accept services furnished by foreign countries as reciprocal international courtesies or as services customarily made available without charge; and such agencies may use the scme for the support of the United States forces in such areas without specific appropriation therefor.
In addition to the foregoing, agencies of the Department of De-attv N fense may accept real property, services, and commodities from foreign countries for the use of the United States in accordance with mutual defense agreements or occupational arrangements and such agencies may use the same for the support of the United States forces in such areas, -ithout pecific a repriations therefor 1%-
t eded. That the foregoing authority shMI not be available for the conversion of heating planta from coal to oil at defense facihties in Europe: Procided further That within thirty days after the end of lu ort to m
"" d "* a nd each quarter the Secretary of Defenac shall render to Congress and to the Office of Management nnd Budget a full report of such property, supplies, and commodities received during such quarter.
SEc. 720. L)uring the current fiscal year, appropriations available it-rd and d"'l"P""at to the Department of Defense for research and deselopment may be
'"d '
used for the purpmes of rection 23T4 of title 10, United States Code, and for purposes related to research and development for which expenditures are speciGcally authorized in other appropriations of the Service concerned.
M ug-96 STAT 1854 PUBLIC IAW 97-377-DEC, 21,1982 Educational Soc. 72!. No appropriation contained in this Act shall be available "I""***""'
for the payment of more than 75 per centum of charges of educa-I*n" tional inst tutions for tuition or expenses of off41uty training of military grsonnel (except with regard to such charges of educa-tional institutions (a) for enlisted personnel in the pay grade E-5 or higher with :ess than 14 years' service, for which payment of!K) per centum may be made or (b) for military personnel m off-duty high school completion programs, for which payment of 100 per centum may be made), nor for the payment of any part of tuition or expenses for such training for commissioned personnel who do not agree to remain on active duty for two years after completion of such trainine Provided. That the foregoing limitation shall not apply to the Program for Afloat College Education.
Lealty bEC. 722. No part of the funds appropriated herein shall be ceruratur expended for the support of any formally enrolled student in basic y*3 fg.
courses of the senior division, Heserve Of6cers' Training Corps, w ho t
m has not executed a certincate of loyalty or loyalty oath in such form not,
as shall be prescribed by the Secretary of Defense.
Procurement Soc. 723. No part of any appropriation contained in this Act, tumtatwn*
except for small purchases m amounts not exceeding $10,000, shall be available for the procurement of any article of food, clothing, cotton, woven silk or woven silk blends, spur, silk yarn for cartridge cloth, tynthetic fabric or coated synthetic fabric, or wool twhether in the form of fiber or yarn or contained in r brics, materials, or a
manufactured articles), or specialty metals including stainless steel natware, or hand or measuring tools, not grown, reprocessed, reused, or produced in the United States or its possessions, except to the extent that the Secretary of the Department concerned shall d(termine that satisfactory quality and suf6cient quantity of any articles of food or clothing or any form of cotton, woven silk and woven silk blends, spun silk yarn for cartridge cloth, sy nthetic fabric or coated synthetic fabric, wool, or specialty metals including stain-less steel flatware, grown, reprocessed, reused, or produced in the United States or its possessions cannot be procured as and whu needed at United States market prices and except procurements outside the United States in support of combat operations, procure-ments by vessels in foreign waters, and emergency procurements or procurements of perishable foods by establishments located outside the United States for the personnel attached thereto: Ikeidal, That nothing in this section shall preclude the procurement of foreign produced specialty metals used in the production or manufacture.of weapons or weapons systems made outside the United States, except those specialty metals which contain nickel from Cuba, or the procurement of chemical warfare protective clothing produced out-sida the United Staten, if such pmeuroment is nmmary to comply with agreements with foreign governments: Iheided further. That nothing herein shall preclude the procurement of foods manufac-tured or processed in the United States or its possessions: lhnded further, That no funds herein uppropriated shall be used for the payment of a price differential on contracts hereafter made for the purpose of relieving economic dislocations other than certain con-tracts not involving fuel made on n -test basis by the Defense logistics Agency with a cumulative value not to exceed
$4,000,000/>00, as may be determined by the Secretary of Defense pursuant to existing laws and regulations as not to be inappropriate therefor by reason of national security considerationr Ihnded further, That the Secretary speci6cally determines that there is a
_.u
PUBLIC LAW 97-377-DEC,21,1982 96 STAT.1855 reasonable expectation that offers will be obtained from a sufncient number of eligible concerns so that awards of such contracts will be made at a reasonable price and that no award shall be made for such contracts if the price differential exceeds 2.2 per centum:
Preeided further, That none of the funds appropriated in this Act shall be used except that, so far ns practicable, all contracts shall be awarded on a formally advertised competitive bid basis to the lowest responsible bidder.
Src. 724. None of the funds appropriated by this Act shall be used for the construction, replacement, or reactivation of any bakery, laundry, or drycleaning facility in the United States, its territories or possessions, as to which the Secretary of Defense does not certify in writing, giving his reasons therefor, that the services to be furnished by surh facilities are not obtainable from commercial sources at :tasonable rates.
Soc. 725. None of the funds appropriated by this Act may be inactm duty
?
obligated under section 206 of title.ti, United States Code, for "a'a'ad Pay inactivt duty training pay of a member of the National Guard or a member of a reserve component of a uniformed service for more than four periods of equivalent training, instruction, duty'or appro-pria*e duties that are performed instead of that member s regular period of instruction or regular period appropriate duty.
Soc. 726. Appropriations contained in this Act shall be available Furnahing and a utmad"la-for the purchase of household furnishings, and automobiles fram P"da**
military and civilian personnel on duty outside the continental United States, for the purpose of resale at cost to incoming person-nel, and for providinig furnishings, without charge, in other than public quarters occupied by military or civilian personnel of the Department of Defense on duty outside the continental United States or in Alaska, upon a determination, under regulations ap-proved by the Secretary of Defense, that such action is advantageous to the Goveniment.
Soc. 727. During the current fiscal year, appropriations available t'nstnw to the Department of Defense for pay of civilian employees shall be available for uniforms, or allowances therefor, as authorized by law 4;(
(5 U.S C. 5901; E0 Stat. 509.
Soc. 728. Funds provided in this Act for legislative liaison activi. tet tm l'a"""***""
ties of the Department of the Army, the Department of the Navy,
'3 the Department of the Air Force, and the O!nce of the Secretary of Defense shall not exceed $9,100,000 for the current nscal year:
Providec'. That this amount shall be available for apportionment to the Department of the Army, the Department of the Navy, the Department of the Air Force, and the Ofnce of the Secretary of Defense as determined by the Secretary of Defense.
Src. 729. Of the funds made available by this Act for the services nya rewn, air of the Military Airlift Command, $100,000,000 shall be available 4+t only for procurement of commercial transportation service from carriers participating in the civd reserve air fleet program; and the Secretary of Defense shall utilize the services of such carriers which qualify as small businesses to the fullest extent found practicable:
/torided, That the Secretary of Defense shallspecify in such pro-
=
curement, performance characteristics for aircrait to be used bawd upon modern aircraft operated by the civil reserve air fleet.
Src. 730. During the current fiscal year, appropriation 3 available to the Department of Defent.e for operation may be used for civilian clothing, not to exceed $40 in cost for enlisted personnel: (1) dis-charged for misconduct, unsuitability, or otherwise than honorably;
96 STAT,1856 PUBLIC LAW 97-377-DEC. 21,1982 (2) sentenced by a civil court to confinement in a civil prison or interned or discharged as an ahen enemy; or (31 discharged prior to completion of recruit training under honorable conditions for depend-ency, hardship, minority, disability, or for the convenience of the Government.
Defen*
Soc. 731. No part of the funds appropriated herein shall be mntramr*
available for paying the costs of advertising by any defense contrac-Y[ tenon tor, except advertising for which payment is made from pronts, and such advertising shall not be considered a part of any defense contract cost. The prohibition contained in this section shall not apply with respect to advertising ecnducted by any such contractor, in compliance with regulations which shall be promulgated by the 1
Secretary of Defense, solely for (D tne reen.itment by the contractor of personnel required for the performance by the contractor of obhrations under a defense contract, (2) the procurement of scarce items required by the contractor for the performance of a defense contract, or (3) the disposal of scrap or surplus materials acquired by the contractor in the performance of a defense contract.
Trander or Src. 732. Upon determination by the Secretary of Defense that runa such action is necessary in the national interest, he may, with the approval of the Office of Management and Budget, transfer not to exceed $1,200,000,000 of working capital funds of the Department of Defense or fuiWs nade available in this Act to the Department of Defense for mitary functions (except military construction) between such appropriations or funds or any subdisision thereof, to be merged with rnd to be available for the same purposes, and for the same time period, as the rppropriation or fund to which trans-ferred: Pror.dal, 'Ihat such authonty to transfer may not be used unless for higher prior ty items, based on unforeseen military re-quirements, than those for which originally appropriated and in no case where the item for which funds are requested has been denied by Congress: Itoeided furthe, That the Secretary of Defense shall notify the Cor.;ress promptly t' all transfers made pursuant to this authority.
Workir4 cap,tal Sec. 7'13. During the current Jscal year, cash balances in working funds-capital funds of the Department of Defense established pursuant to section 2203 of title 10, United States Code, may be maintained in only such amour.ts as are necessary at any time for cash disburse-ments to be made from such funds: Prue:Jed. That transfers may be made between such funds in such amounts as may be deterrrined by the Secretary of Defense, with the approval of the OfGee of Manage-ment and Budget, except that transfers between a stock fund account and an industrial fund account may not be made unless the Secretary of Defense has notined the Congress of the proposed transfer. Except in amounts equal to the amounts appropriated to working capital funds in this Act, no obligations may be made against a working capital fund te procure war reserve material inventory, unless the becretary of DJense has notined the Congress prior to any such obligation.
N eral Soc. 734. Not more than $217,600,000 of the funds appmpriated by
'2" Pk" this Act shall be made available for payment to the Federal Employ-f7"* "'"
ees Compensation Fund, as established by r, U.S C. 8147.
Imn Src. 73.'s. No part of the funds appropriated under this Act shall be p
used to provide a loan, guarantee of a loan, or a grant to any r=t ncteme applicant who has been convicted by any court of general jurisdic-tion of any crime which involves the use of or the assistance to 9
others in the use of force, trespass, or the seizure of property under 1
s
PUBLIC LAW 97-377-DEC. 21,1982 96 STAT.1857 control of an institution of higher education to prevent officials or studen's at such an institution from engaging in their duties or pursuing their studies.
Src. 736. None of the funds available to the Department of licat plant convenion Defense shall be utilized for the conversion of heating plants from coal to oil at defense facilities in Europe.
Soc. 737. None of the funds appropriated by this Act shall be Uninformed or available for any research involving uninformed or nonvoluntary noa" hat *]
human b.ings as experimental subjects: Neided That this limita-ZZ'"
tion shall not apply to measures intended to be beneficial to the recipient and consent is obtained from the recipient or a legal representative acting on the recipient's behalf.
Soc. 738. Appropnations for the current fiscal year for operation 1
and maintenance of the active forces shall be available for medical
[
and dental care of personnel entitled thereto by law or regulation (including charges of private facilities for care of military personnel, except elective privat: creatment); welfare and recreation; hire of passenger motor vehicles; repair of facilities; modification of person-al property; design of vessels; industrial mobilization; installation of equipment in public and private plants; military communications facihties on merchant vessels; acquisition of services, special cloth-ing, supplies, and equipment; and expenses for the Reserve Officers' Training Corps and other units at educational institutions.
Src. 739. 50 part of the funds in this Act shall be available to Fund.
prepare or present a request to the Committees on Appropriations terr * *mina for the reprogramming of funds, unless for higher priority items, based on unforeseen military requirements, than those for which originally appropriated and in no case where the item for which reprogramming is requested has been denied by the Congress.
SEC. 740. No funds appropriated by this Act shall be available to 1
pay claims for nonemergen.y inpatient hospital care provided under J
the Civilian Health and Medical Program of the Uniformed Services for services available at a facility of the uniformed services within a 40-mile radius of the patient's residence: Neided. That the forego-ing limitation shall not apply to payments that supplement primary coverage provided by other insurance plans or programs that pay for at least 70 per centum of the covered services.
SEC. 741. None of the funds contained in this Act available for the licalth program.
Civilian Health and Medical Program of the Uniformed Services ! = tatmna under the provisions of section 1079ta) of title 10, United States Code, shall be available for (a) services of pastoral counselors, or family and child counselors, or marital counselors unless the patient has bcen referred to such counselor by a medical doctor for treat-ment of a specific problem with results of that treatment to be communicated back to t% physician who made such refesral; (b) special education, except when provided as seconwry to the active psychiatric treatment on an institutional inpatient aasis;(c) therapy or counseling for sexual dysfunctions or sexual inadequacies; (d) treatment of obesity when obesity is the sole or major condition treated; (e) surgery which improves physical appearance but which is not expected to significantly restore functions including, but not limited to, mammary augmentation, face lifts and sex gender changes except that brcast reconstructive surgery following mastec-tomy and reconstrudive surgery to coirect serious deformities caused by congenital anomalies, accidental injuries and neoplastic surgery are not excluded; (f) reimbursement of any physician or other authorized individual provider of medical care in excess of the N-
E s
F=
96 STAT.1858 PUBLIC LAW 97-377-DEU 21.1982
-=
E.
eightieth percentile of the customary charges made for sinular E-senices m the same locahty where the medical care was furnished,
~
as determined for physicians in accordance w o h section 107tkhi of title 10. United States Qxie, or ig' any service or supply w hich is not medically or psychologically necessary to prevent diagaose, or treat E
r a mental or physical illness. mJury, or t= xiily malfu nction as
'E assessed or diagnosed by a phy sician, dentis chmcal psychoh> gist.
L optometrist, podiatrist, certified nume-midw ife. certified nurse prac-
[
titioner, or certified chnical social worker a3 appropriate. e> cept as
'?
m authorued by section 107tt a = 4 ' of title 10 L mted States Code Pmnded. That any changes m asaiiabihty of funds for the Program made m this Act f'rrm those in effect prior to it3 enactment shall be effectne for care received followmg enactment of this Act a ii
?
SEc 712 Appropriations available to the Department ef D fense I
for the curr nt fiscal year shall be availats to provide an indnidual entitled to health care under chapter 55 of title 10. Umted States L
i-..
>13' Code, with one wig if the mdnidual ha3 ale ecia that resulted f rom L
i t reatment of mahgnant disease Prw idcu. hat the indn idual ha3 9
not previously received a wig from the Government 6
Src 713 Funds appropriated in this Act shall be asailable for the appointment, pay, and support of persons appointed as cadets and
=
mid3hipmen m the two-year Semor Reserve Officers Trmning Corps co u rse in excess of the 20 percent hmitation on such pe rsons E
imposed by section 2107<a: of title 10. United States Gxie. but not to E
exceed f.o percent of total authorued scholarships 1:r.u-ea w Src 741 None of the funds appropriated by this Act shall be
~
p available to pay any member of the uniformed wnice for unuwd d'""
accrued leave pursuant to sect,on 501 of title 37. United States Code.
f or more than sixty days of such leave, lee the number of dass for w hich payment was pres iously made under wetion Sol af ter febru cE ary 'A 1976 y
Er + +
Src 743 None of the funds appropriated by this Act may be used
'e to support more than 300 enh3ted aide
- for otticers m t he U mted States Armed Forces Putu se Src 7;6 No appropriation contamed in his Act may te uwd to pay for the cost of pubi.c af fairs act n ities of the Department of E
ANr s-Def ense in e xcess of $32.!N H l.t H H i SFc 747 None of the f und3 pros ided in this Act shall te as ailable
=.
for the plannmg or execution of programs w hich utilue an.ounts credited to Department of Defenw approprmtions or funds pursuant aW J~
to the provisions of section 37 a. of the Acms Export Control Act representmg pay ment for the actual value of defense articles speci-a tv n fied m section 21 a v l t of that Act Prm aded. That such amounts so credited shall be deposited m the Treasury as miscellaneous receipts as provided m 31 U S C 4s4
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5Er 748 No appropriation contained m this Act shall be as ailab!e g
to f und any costs of a Senior Reserve Of ficers Trainmg Corps unit --
g sr aat.
except to complete traimng of personnel enrolk d m Mihtary Sci ence 4--which m its junior year chiss iMihtary Science 31 has for the E
fou r preceding academic years, and as of September 30, 1932.
enrolkd less than 4 a ' vs enteen *t uden ts w here the mstitution prescribes a four-year or a combmation four-and two-year program.
or (hi twelve stude nts where the mstitution prescribes a twayear y
prueram Pronded. That. notwithstanding the foregomg hmitation.
funds shall t* available to mamtain one Senior Resene Of ficers' Traming Corps unit m each State and at each State +perated mare y
time academy Pronded further That units under the consortium
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PUBLIC MW 97-377-DEC. 21,1982 96 STAT.1859 system shall be considered as a single unit for purposes of evalua-tion of productivity under this provision: Provided further That enrollment standards contained in Department of Defense Directive 1215.8 for Senior Reserve Officers' Training Corps units, as revised during fiscal year 1981, may be used to determine compliance with this provision, m lieu of the standards cited above.
SEc. 749. (a) None of the funds appropriated by this Act or available in any working capital fund of the Department of Defense shall be available to pay the expenses attributable to lodging of any person on official business away from his designatei post of duty, or m the case of an individual described under section 5703 of title 5, United States Code, his home or regular place of duty, when ade-quate government quarters are available, but are not occupied by such person.
tb) The limitation set forth in subsection (a) is not applicable to employees whose duties require official travel in excess of fifty percent of the total number of the basic administrative work weeks during the current fiscal year.
Szc. 750. (a) None of the funds appropriated by this Act shall be Enlisted members.
available to pay the retainer pay of any enlisted member of the Regular Navy, the Naval Reserve, the Regular Marine Corps, or the
'4*t,"'n// p,,'
Marine Corps Reserve who is transferred to the Fleet Reserve or the Fleet Marine Corps Reserve under section 6330 of title 10 United States Code, on or after December 31,1977, if the provisians of section 6330(d) of title 10, are utilized in determining such mem-ber's eligibility for retiretrent under section 6330tb) of title 10:
Provided. That notwithstanding the foregoing, time creditable as active service for a completed minority enlistment, and an enlist-ment terminated within three months before the end of the term of enlistment under section 6330td) of title 10, prior to December 31, 1977, may be utilized in determining eligibility foi retirement:
Provided further, That notwithstanding the foregoing, time may be credited as active service in determining a membr's eligibility for retirement under section 6330lb) of title 10 pursuant to the provi-sions of the first c,entence of section 6330id) of title 10 for those members who had formally requested transfer to the Fleet Reserve or the Fleet Marine Corps Reserve on or before October 1,1977.
(b) None of the funds appropriated by this Act shall be available to pay that portion of the retainer pay of any enlisted member of the Itegular Navy, the Naval Reserve, the Regular Marine Corps, or the Marine Corps Reserve who is transferred to the Fleet Reserve or the Fleet Marine Corps Reserve under section 6330 of title 10, United States Code, on or after December 31,1977, which is attribut-able under the second sentence of section 6330(d) of title 10 to time which, after December 31, 1977, is not actually sen*ed by such member.
Sec. 751. None of the funds appropriated by this Act for programs Cl^ fnvrams.
- F"'
of the Central Intelligence Agency shall remain available for obliga-I'""*"'*"'
tion beyond the current fiscal year, except for funds appropriated for the Reserve, which shall remain available until Septem-ber 30,1984.
Sec. 752. None of the funds provided by this Act may be used to CIA salance.
limit 8tio"-
pay the salaries of any person or persons who authorize the transfer of unobligated and deobligated appropriations into the Resene for Contingencies of the CentralIntelhgence Agency.
Sec. s53. None of the funds appropriated by this Act may be used wrate. wirare to support more than 9,901 full-time and 2,603 part. time military 8" M *t*"
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96 STAT,1860 PUBLIC LAW 97-377-DEC,21,1982 EF personnel assigned to or used in the support of.\\forale, Wel.are, and f
Recreation activities as described in Department of Defense Instruc-tion 7000.12 and its enclosurcs, dated September 4,1980.
SEC. 754. All obligations incurred in anticipation of the appropri-ations and authority provided in this Act are hereby ratified and confirmed if otherwise in accordance with the provisions of this Act.
Abortion SEC. 755. None of the funds provided by this Act shall be used to
- funding, perform abortions except where the life of the mother would be I'""*""-
endangered if the fetus were carried to term.
SEC. 756. None of the funds appropriated by this Act shall be used
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for the provision, care or treatment to dependents of members or former members of the Armed Senices or the Department of Defense fer the elective correction of minor dermatological blem-6 ishes and marks or minor anatomical anomalies.
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SEC. 757. None of the funds appropriated by this Act shall be r
available for the purchase of insignia for resale unless the sales price of such insignia is adjusted to the extent nece,sary to recover the cost of purchase of such insignia and the estimated cost of a':
_b related expenses, including but not limited to management, stora,,e, handling, transportation, loss, disposal of obsolete material, and E-management fees paid to the military exchange systems: Procided.
That amounts derived by the adjustment covered by the foregoing
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limitations may be credited to the appropriations against which the 1
charges have been made to recover the cost of purchase and related expense.
m a
claim payments SEC. 758. None of the funds appropri ted by this Act or heretofore
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appropriated by any other Act shall be obligated or expended for the Germany.
payment of anticipatory possession ec 1pensation claims to the Fed-eral Republic of Germany other than claims listed in the 1973 agreement (commonly referred to as the Global Agreement) between m
Z the United States and the Federal Republic of Germany.
SEC. 759. During the current fiscal year the Department of Defense may enter into contracts to recover indebtedr,ess to the Eii United States pursuant to section 3 of the Federal Claims Collection Act of 1966, as codified at section 3711 of title 31, United States 9
Ante. p. m.
Code, and amended by Public Law 97-258, September 13,1982,and r
y any such contract entered into by the Department of Defense may i
E provide that appropriate fees charged by the contractor under the contract to recover indebtedness may be payable from amounts collected by the contractor to the extent and under the conditions E
provided under the contract.
Procurement SEC. 760. None of the funds appropriated by this Act shall be limitation-available for a contract for studies, analyses, or consulting senices entered into without competition on the basis of an unsolicited proposal unless the head of the activity responsible for the procure-
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g; ment determines:
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(a) as a result of thorough technical evaluation, only one 2
source is found fully qualified to perform the proposed work, or (b) the purpose of the contract is to explore an unsolicited proposal which offers significant scientific or technological promise, represents the product of original thinking, and was e
submitted in confidence by one source, or g-(c) where the purpose of the contract is to take advantage of E
unique and significant industrial accomplishment by a specific i
concern, or to insure that a new product or idea of a specific concern is given financial support:
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PUBLIC LAW 97-377-DEC. 21,1982 96 STAT.1861 Neided That this limitation shall not apply to contracts in an amount of less than $25,000, contracts related to improvements of equipment that is in development or production, or contracts as to wnich a civilian ofGeial of the Department of Defense, who has been confirmed by the Senate, determices that the award of such contract is in the interest of the national defense.
Sec. 761. None of the funds appropriated by this Act shall be Foreign maitary available to provide medical care in the United States on an inpa.
""d d'pi matic J
tient basis to foreign military and diplomatic personnel or their 'nilc3*c';r, dependents unless the Department of Defense is reimbursed for the costs of providing such care: Pmeided, That reimbursements for medical care covered by this section shall be credited to the appro-priations against which charges have been made for providing such o
care.
Sec. 762. None of the funds appropriated by this Act shall be Seced career obligated for the second career training program authorized by trainmg Public Law 96-347.
" '8"'
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SEc 763. None of the funds appropriated or otherwise made (' 'i,,,
available in this Act shall be obligated or expended for salaries or demaitanration expenses during the current fiscal year for the purposes of demili-tarization of surplus nonautomatic firearms less than.50 caliber.
SEc. 764. During the current fiscal year, not to exceed $125.000.000 Prepud health of the funds provided in this Act for the Civilian llealth and Medical t=6t*
Program of the Uniformed Services may be used to conduct a test d'","'"g"""
p program in accordance with the following guidelines: In carrying out the provisions of sections 1079 and 1086 cf title 10. United States Code, the Secretary of Defense, after consulting with the Secretary of Health and lluman Services, may contract with organizations that assume responsibility for the maintenance of the health of a defined population, for the purpose of experiments and demonstra-tion projects designed to determine the relative advantages and disadvantages of providing pre-paid health benefits: Neided That such projects must be destgr.ed in such a way as to determine methods of reducing the cost of health benefits providW under such sections without adversely affecting the quality of care. Except as provided otherwise, the provisions of such a contract may deviate from the cost-sharing arrangements prescribed and the types of health care authorized under sections 1079 and 1086, when the Secretary of Defense determines that such a deviation would serve the pury of this section.
S EC. 465. None of the funds in this Act shall be available to Maior. capon.
execute a multiyear contract which employs any economic order
="tema-quantity procurement or which includes ar. unfunded contingent Q'",c*
3
,,,, ~
liability in excess of $20,000,000 unless the Committees on Appropri-ations and Armed Services of the Senate and IIouse of Representa-tives have been notified in advance: Neided, That no part of any j
appropriation contained in this Act shall be available to initiate multiyear procurement contracts for major weapons systems except as specifically provided herein.
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SEc. 766. None of the funds appropriated in this or any other Act contractor
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for the Department of Defense shall be available for obligation to "tx m' ranc reimburse a contractor for the cost of commercial insurance that
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would protect against the costs of the contractor for correction of the contractor's own defects in materials or workmanship.
SEC. 767. None of the funds appropriated by this Act which are Travel 8 H"" * "c'"
available for payment of travel allowances for per diem in lieu of subsistence to enlisted personnel shall be used to pay such an "E
3 11-139 0 3 (4J4)
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96 STAT.1862 PUBLIC LAW 97-377-DEC. 21,1982 I
allowance to any enlisted member in an amount that is more than the amount of per diem in lieu of subsistence that the enlisted member is otherwise entitled to receive minus the basic allowance for subsistence, or pro rata portion of such allowance, that the enlisted member is entitled to receive during any day, cr portion of a day, that the enlisted member is also entitled to be paid a per diem in lieu of subsistence: Neided, That if an enlisted member is in a travel status and is not entitled to receive a per diem in lieu of subsistence because the member is furnished meals in a Govern-ment mess, funds available to pay the basic allowance for subsist-ence to such a member shall not be used to pay that allowance, or pro rata portion of that allowance, for each day, or portion of a day, that such enlisted member is furnished meals in a Government mess.
Retired or SEc. 768. Effective January 1,1982, none of the runds appropri-retainer pay, ated by this Act shall be available to pay the retired pay or retainer pay of a member of the Armed Forces for any month who, on or after January 1,1982, becomes entitled to retired or retainer pay, in an amount that is greater than the amount otherwise determmed to be payable after such reductions as may be necessary to reflect adjusting the computation of retired pay or retainer pay that includes credit for a part of a year of service to permit credit for a part of a year of service only for such month or months actually served: Neided. That the foregoing limitation shall not apply to any member who before January 1,1982: (a) applied for retirement or transfer to the Fleet Reserve or Fleet Marine Corps Reserve; ab) is being processed for retirement under the provisions of chapter 61 of 10 Usc 1:01 er title 10 or who is on the temporary disability retired list and se9-thereafter retired under the provisions of sections 1210 (c) or (d) of title 10; or (c)is retired or in an inactive status and would be eligible 10 Usc 1331 et for retired pay under the provisions of chapter 67 of title 10, but for sev-the fact that the person is under 60 years of age.
Alaska and SEC. 769. None of the funds appropriated by this Act shall be
- Hawaii, obligated under the competitive rate program of the Department of
'CQ*g Defense for the transportation of household goods to or from Alaska and Hawan.
SEc. 770. None of the funds appropriated by this Act shall be available to approve a request for waiver of the costs otherwise required to be recovered under the provisions of section 21(e41kC) of the Arms Export Control Act unless the Committees on Appropri-ations have been notified in advance of the proposed waiver.
Indian labor and SEc. 771. So far as may be practicable Indian labor shall be Products.
employed, and purchases of the products of Indian industry may be made in open market in the discretion of the Secretary of Defense.
Child advocacy SEC. 772. Funds available to the Department of Defense during the and family current fiscal year shall be available to establish a program to comeling provide child advocacy and family counseling services to deal with
'"***~
problems of child and spouse abuse.
SEC. 773. None of the funds appropriated by this Act shall be POMCUS.
available for the transportation of equipment or materiel designated transportation-as Prepositioned Materiel Configured in Unit Sets (POMCUS) in Europe in excess of four division sets.
Transfer of SEC. 774. (a) None of the funds in this Act may be used to transfer military any article of military equipment or data related to the manufac-Sulpme" ture of such equipment to a foreign country prior to the approval in a
gn writing of such transfer by the Secretary of the military service country.
involved.
PUBLIC LAW 97-377-DEC. 21,1982 96 STAT.1863 (b) No funds appropriated by this Act may be used for the transfer of a technical data package from any Government-owned and oper-ated defense plant manufacturing large caliber cannons to any foreign government, nor for assisting any such government in pro-ducing any defense item currently being manufactured or developed in a United States Government-owned, Government-operated de-fense plant manufacturing large caliber cannons.
SEc. 775. None of the funds appropriated in this Act may be made Intelligence or "P'C'81 *c'*
- asallable through transfer, reprograming, or other means for any intelligence or special activity different from that previously juste fled to the Congress unless the Director of Central Intelligence or the Secretary of Defense has notified the House and Senate Appro-priations Committees of the intent to make such funds available for O
such activity.
SEC. 776. Of the funds appropriated by this Act for strategic Ads anced programs, the Secretary of Defense shall provide funds for the Technology Advanced Technology Bomber program at a level at least equal to
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the amount provided by the committee of conference on this Act in order to maintain priority emphasis on this program.
SEc. 777. Section 766(c) of the Department of Defense Appropei-ation Act,1980, is amended by adding the following to the end 93 Stat IIM thereof: ": Provided, That this hmitation shall not apply to individ-uals who are at the top step of the compensation schedule, and who were employed as teachers in the Panama Canal Zone on September 30, 1979. This modification shall become effective on August 1, m *tive date-1982" Soc. 778. None of the funds available to the Department of coat or coke Defense during the current fiscal year shall be used by the Secretary purchamen of a military department to purchase coal or coke from foreign nations for use at United States defense facilities in Europe when coal from the United States is available.
SEc. 779. None of the funds contained in this Act available for the Civilian Health and Medical Program of the Uniformed Services shall be available for the payment for any service or supply for persons enrolled in any other insurance, medical service, or health plan to the extent that the service or supply is a benefit under the other plan, except in the case of those plans administered under title XIX of the Social Security Amendments of 1965 (79 Stat. 286). 42 USC 1:rA SEc. 780. None of the funds available to the Department of Defense shall be available for the procurement of manual typewrit-ers which were manufactured by facilities located within States which are Signatories to the Warsaw Pact.
SEC. 78I. Notwithstanding any other provision of law, $500.000 of Wat Punt the funds made available by this Act for Operation and Mainte-J'*"'h Ch'P*l nance, Army, shall be available for payment for the Nt of extend-ing utility lines to connect with the proposed West' Point Jewish Chapel.
SEC. 782. None of the funds appropriated by this Ad may be used Executne to appoint or compensate more than 35 individuals gi the Depart-S'h*duf'.
l
""1P o)ees ment of Defense in positions in the Executive Schedup tas provided in sections 5312-5316 of title 5, United States Code). 3 SEC. 783. None of the funds made available by thq Act shall be available to pay any member of the uniformed services a variable housing allowance pursuant to section 403(a)(2) of title 37, United States Code, in an amount that is greater than the amount which would have been payable to such member if the rates of basic a!!owance for quarters for members of the uniformed services in
/l W M e.4p& R M W X W. W t
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96 STAT.1864 PUBLIC LAW 97-377-DEC. 21,1982 i
b 2
effect on September 30,1982, had been increased by 8 per centum on October 1,1982.
I Military SEc. 784. None of the funds appropriated by this Act shall be technicans.
available to convert a position in support of the Army Reserve, Air Force Reserve, Army National Guard, and Air National Guard occupied by, or programed to be occupied by, a military technician to a position to be held by a person in an active Guard or Reserve status if that conversion would reduce the total number of positions occupied by, or programed to be occupied by, military technicians of r
the component concerned, below the number of positions occupied by military technicians in that component on September 30,1982.
SEC, 785. None of the funds appropriated by this Act shall be available to pay claims for inpatient mental health services pro-vided under the Civilian IIealth and Medical Program of the Uni-formed Services in excess of sixty days per patient per year Pro-F vided. That the foregoing limitation shall not apply to inpatient mental health services (a) provided under the Program for the Ilandicapped;(b) provided as residential treatment care;(c) provided
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as partial hospital care;(d) provided to individual patients admitted prior to January 1,1983 for so long as they remain continuously in inpatient status for medically or psychologically necessary reasons; or (e) provided pursuant to a waiver for medical or psychological
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necessities, granted in accordance with the findings of current peer review, as prescribed in guidelines established and promulgated by P
the Director, Office of Civilian llealth and Medical Program of the c-Uniformed Services.
SEc. 786. During the current fiscal year the Department of the Air Force will transfer from aircraft assigned to the active Air Force one C-130II aircraft in good condition to the Coast Guard without reimbursement.
Automobile SEc. 787. None of the funds provided in this Act to any depart-procurement, ment or agency shall be obligated or expended to procure passenger "9"""*"'
automobiles as defined in 15 U.S.C. 2001 with an EPA estirr.ated miles per gallon average of less than 22 miles per gallon. This 5
section does not apply to security or special mission automobiles.
Civilian Sec. 788. None of the funds provided in this Act may be used to P'"""*l impose civilian personnel ceilings on Department of Defense indus-e trially funded activities: Provided, That any increase in civilian
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personnel of such industrial funds in excess of the number employed on September 30,1982, shall not be counted for the purposes of any statutory or administratively mposed civilian personnel ceiling otherwise applicable during fiscal year 1983.
Transfer 4 SEc. 789. Appropriations or funds available to the Department of Defense during the current fiscal year may be transferred to appro-fund 8-priations provided in this Act for research, development, test, and
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evaluation to the extent necessary to meet increased pay costs authorized by or pursuant to law, to be merged with and to be
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b available for the same purposes, and the same time period, as the appropriation to which transferred.
SEC. 790. Notwithstanding the budget authority levels provided in 3
title IV of this Act for the procurement appropriation accounts, the
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sum total of such budget authority levels is hereby reduce <i by
$386,000,000: Procided, That not more than $2,100,000,000 of the 6
remaining budget authority provided in title IV of this Act cnd as i
further reduced herein for the procurement appropriation accounts may be obligated or expended to pay independent research and b-
PUBLIC LAW 97-377-DEC. 21,1982 96 STAT.1865 development and bid and propel costs allocated to procurement contracts as itema of indirect expense.
SEC. 791. No later than the end of the second fiscal year following Transfer or runds the fiscal year for which appropriations for Operation and Mainte.
nance have been made available to the Department of Defense, unobligated balances of such appropriations provided for fiscal year 1982 and thereafter may be transferred into the appropriation
" Foreign Currency Fluctuations, Defense" to be merged with and available for the same time period and the same purposes as the appropriation to which transferred: Neided. That any transfer made pursuant to any use of the authority provided by this provi-sion shall be limited so that the amount in the appropriation O
" Foreign Currency Fluctuations, Defense" does not exceed
$9IO,000,000 at the time such a transfer is made.
SEc. 792. During the current fiscal year, for the purpows of the appropriation " Foreign Currency Fluctuations, Defense the foreign currency exchange rates used in preparing budget submissions shall be the foreign currency exchange rates as adjusted or modified, as reflected in applicable Committee reports on this Act.
SEc. 793. hone of the funds provided in this Act may be used by Nicaragua and flohdur*=-
the Central Intelligence Agency or the Department of Defense to furnish military equipment, military trainmg or advice, or other support for military activities, to any group or individual, not part of a country's armed forces, for the purpose of overthrowing the Government of Nicaragua or provoking a military exchange between Nicaragua and Ilonduras.
SEc. 794. None of the funds made available by this Act shall be used in any way for the leasing to non-Federal agencies in the United States aircraft or vehicles owned or operated by the Depart.
ment of Defense when suitable aircraft or vehicles are commeretally available in the private sector Neided, That nothing in this section shall affect authorized and established procedures for the sale of surplus aircraft or vehicles: Neided further, That nothing in this section shall prohibit such leasing when specifically authorized in a subsequent Act of Congress.
SEc. 795. None of the funds made available by this Act shall be available for any competition between the currently approved LAN-TIRN system and any other system under provisions of section 203 of Pubhc law 97-252.
Ante. p in SEc. 796. None of the funds made available by this Act shall be i
used in any way, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before I
the Congress.
SEC. 797. None of the funds made available in the Act or any 2m subscquent Act shall be available for the purchase of the alternate or new model fighter aircraft engine that does not have a written 3
warranty or guarantee attesting that it will perform not less than 3,000 tactical cycles. The warranty will provide that the manufac-turer must perform the necessary improvements or replace any parts to achieve the required performance at no cost to the Govern-m ment.
Sec. 798. Section 30Stg) and 308afc) of title 37, United States Code, Anft. P 11'J7.
are amended by striking " December 17,1982" and inserting in lieu thereof " March 31,1983
SEc. 799. Funds available under this Act may be used by the
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Department of Defense to enter into purchases of or commitments to purchase metals, minerals or other materials under section 303 of
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96 STAT.1866 PUBLIC LAW 97-377-DEC. 21,1982 the Defense Production Act of 1950, as amended,(50 U.S.C. 2093h Phided. That the total funds under this Act for such purchases or commitments to purchase shall not exceed $50,000,000.
Soc. 799A. None of the funds made available by this Act may be used to support active United States military personnel stationed on shore in Europe at the end of fiscal year 1983 in excess of the planned number of such personnel stationed on shore in Europe at the end of fiscal year 1982 (315,600h Provided. That this limitation a
may be waived by the President upon a declaration to Congress of overriding national security requirements.
50 USC 98d note.
Sec. 799B. After the date of enactment of this Act, annual sales of silver from the National Defense Stockpile under the authority of 95 Stat. 35L Public Law 97-35, or any other Act, shall not exceed 10 per centum of the silver produced from existing domestic producing mines in the 4i precedmg 12 month period.
TITLE VIII RELATED AGENCIES INTELUGENCE COMMUNITY STAFF For necessary expenacs of the Intelligence Community Staff;
$15,856,000.
CENTaAL INTELUGENCE AcExcY RrrtREMENT AND DISABluTY SYSTEM FUND For payment to the Central Intelligence Agency Retirement and Disability System Fund, to maintain proper funding level for con-tinuing the operation of the Central Intelligence Agency Retirement and Disability System; $91,300,000.
j short title..
This Act may be cited as the " Department of Defense Appropri.
ation Act,1983.
(d) Such amounts as may be nana==ary for programs, projects, and activities provided for in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriation Act, 1983 (S. 2956), at a rate for operations and to the extent and in the manner provided for in such Act as reported in the Senate on September 24,1982, as if such Act had been enacted into law, except that the following appropriation items shall be at a rate for operations and to the extent and in the manner provided herein:
DEPARTMENT OF CO?.tMERCE GENEaAL ADMINISTRATION SALARIES AND EXPENSES For expenses necessary for the general administration of the c
Department of Commerce, including not to exceed $2,000 for official entertainment, $31,613,000.
PUBLIC LAW 97-377-DEC 21,1982 96 STAT.1867 BUREAU OF THE CENSUS '
FERIODIC CENSUSES AND FROGRAMs For expenses necessary to collect and publish statistics for Deri-odic censuses and programs, provided for by law, $97,294,006, of which $150,000 shall be available together wiJa $50,000 from non-Federal sources for a new combined monthly survey of men's and women's apparel, to remain available until expended. None of the funds made available to the Bureau of the Census under this Act may be expended for prosecution of any person for the failure to return 1976 Agricultural Census forms 78-A40A or 78-A40B, or 78-A40C or 78-A40D, or form 79-A9A, or form 79-A9B, or for the preparation of similar forms for any future agricultural census.
ECONOMIC AND STATISTICAL ANALYSIS SALARIES AND EXPENSES For necessaryexpenses, as authorized by law, of economic and statistical analysis programs, $36,832,000.
ECONOMtC DEvElorMENT ADMINISTRATION ECONOMIC DEVEthPMENT ASSISTANCE PROGR AMS (INCLUDING TRANSFER OF FUNDS)
For economic development assistance as provided by the Public Works and Economic Development Act of 1965, as amended, and 42 USC 3121 Public Law 91-304, and such laws that were in effect immediately n*
before September 30,1982, $168,500,000, and in addition, $30,000,000 i
shall be available by transfer from the unobligated balances in the Economic Development Revolving Fund, notwithstanding section 203 of the Act of 1965: Procided. That during 1983 total 42 t'sc 3141 commitments to guarantee loans shall not exceed $150,000,000 of contingent liability for loan principal.
ECONOMIC DEVEIDPMENT REVOLVING FUND (LIMITATION ON IDAN GUARANTEES)
During fiscal year 1953, total commitments to guarantee loans to
. steel companies shall not exceed $20,000,000 of contingent liability for loan principal.
INTERNATIONAL TRADE ADMINISTRATION OPERATIONS AND ADMINISTRATION For necessary expenses for international trade activities of the Department of Co nmerce, including trade promotional activities abroad without regard to the provisions of law set forth in 44 U.S.C.
3702 and 3703; full medical coverage for dependent members of immediate families of employees stationed overseas; employment of Americans and aliens by contract for services abroad; rental of space abroad for periods not exceeding five years, and expenses of alter-ation, repair, or improvement; purchase or construction of tempo-I mum u-
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r 96 STAT.1868 PUBLIC LAW 97-377-DEC. 21,1982 r
rary demountable exhibition structures for use abroad; payment of tort claims, in the manner authorized in the first paragraph of 28 m-U.S.C. 2672 when suth claims arise in foreign countries; not to g
r exceed $135,200 for official representation expenses abroad; awards of compensation to informers under the Export Administration Act E
of 1979, and as authorized by 22 U.S.C. 401(b); purchase of passenger motor vehicles for official use abroad; $166,426,000, to remain available until expended: Neided. That the provisions of the first sentence of section 10fx0 and all of section 108(c) of the Mutual
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a Educational and Cultural Exchange Act of 1961 (22 U.S C. 2455(0 9
and 245S(c)) shall apply in carrying out these activities. During fiscal
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year 1983 and withm the resources and authority available, gross
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obligations for the principal amount of direct loans shall not exceed
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$12,484,000. During fiscal year 1933, total commitments to guaran-l tee loans shall not exceed 828,250,000 of contingent liability for loan
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MINORrrY BUSINESS DEVE14rMENT AGENCY
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MINORITY BUSINESS DEVE!4PMENT i
r For necessary expenses cf the Department of Commerce in foster.
L ing, promoting, and developing minority business enterprise, includ-ing expenses of grants, contracts, or other agreements with public or private organizations, $48,000,000, of which $33,463,000 shall remain available until expended: Procided, That not to exceed $'4,537,000 shall be available for program management: Protided further That e
none of the funds appropriated in this paragraph or in this title for the Department of Commerce shall be available to reimburse the fund established by 15 U.S C.1521 on account of the performance of i
a program, project, or activity, nor shrsll such fund be available for the performance of a program, project, or activity, which had not
(
been performed as a central service pursuant to 15 U.S C.1521 before July 1,1982, unless the llouse and Senate Appropriations Committees have approved the performance of the program, project, or ac'_ivity as a central service in accordance with the policies of said Committees applicable to reprogramming of funds.
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UNITED STATES TRAVEL AND tourism ADMINISTRATION q
SALARIES AND EXPENSES
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For necessary expenses of the United States Travel and Tourism i.
Administration, as provided for by law, including employment of
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aliens by contract for service abroad; rental of space abroad for periods not exceeding five years, and expenses of alteration, repair, or improvement; advance of funds under contracts abroad; payment of tort claims in the manner authorized in the first paragraph of 28 F
U.S.C. 2672, when such claims arise in foreign countries; and not to exceed $5,000 for representation expenses abroad; $8,100,000 of a
I which $500,000 shall be used only *o provide direct financial assist-E ance to the State of IIawaii (which has been declared as a major disaster area by the President) and that such funds: (1) shall be used
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to supplement and increase rather than replace !'unds that normally would be used to promote travel by foreign visitors to llawaii; (2) i shall be obligated or expended withie 60 days of the date of enact-rnent of this Act; and (3) shall not be used to pay the administrative E
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PUBLIC LAW 97-377-DEC,21,1982 9ti STAT,1869 costs of the United States Travel and Tourism Administration or any other unit of the Federal Government, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OPERATIONS, RESEARCll, AND FACILITIES (INCLUDING TRANSFER OF FUNDS)
For necessary expenses of activities authorized by law for the N;tional Oceanic and Atmospheric Administration, including main.
tenance, operation, and hire of aircraft; 399 commissioned officers aa esc ut on the active list; construction of facilities, including initial equip-e n:ent; alteration, modernization, and relocation of facilities; and acquisition of land for facilities; $S50,127,000, to remain available until expended, of which so much as may become available during the current fiscal year shall be derived from the Pribilof Islands Fund, and, in addition, $22,600,000 shall be transferred to this appropriation from the fund entitled " Promote and develop " fishery products and research pertaining to American fisheries, and
$4,140,000 from repayments of principal and interest on outstanding loans in the fund entitled " Coastal Energy Impact Fund" FISilERIES IDAN FUND For expenses necessary to carry out the provisions of section 2;'l of the American Fisheries Promotion Act of December 22, 1980 (Public Law 96-561), there are appropriated to the Fisheries lean is use aaoi Fund, $10,000,000 from receipts collected pursuant to that Act:
nd' I&orided. That during fiscal year 1983 not to exceed $300,000 of the Fisheries Loan Fund shall be available for administrative expenses.
SCIENCE AND TECHNICAL RESEARCH SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES For necessary expenses of the National Bureau of Standards,
$117,861,000, to remain available until expended. Of the foregoing amount, not to exceed $47,816,000 is for Measurement, Research and Standards (including not to exceed $1,000,000 for " Measurement Standards for the IIandicapped); not to exceed $21,635,000 is for Engineering Measurements and Standards; not to exceed
$10,000,000 is for Computer Science and Technology; not to exceed
$13,557,000 is for Core Research Program for Innovation and Pro-ductivity; not to exceed $5,491,000 is L.ne Fire Research Center; not to exceed $6,986,000 is for Technical Competence; not to exceed
$12.376,000 is for Central Technical Support; and not to exceed
$6,286,000 may be transferred to the " Working Capital Fund"
$700,000 is provided for a metal processing program.
NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION SALARIES AND EXPENSES For necessary expenses, as provided for by law, of the National Telecommunications and Information Administration, $12,667,000,
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96 STAT.1870 PUBLIC LAW 97-377-DEC. 21,1982 to remain available until expended, of which $503,000 of prior year unobligated balances in the appropriation "Public telecommunica-E tions facilities planning and construction" shall be transferred to this appropriation.
GENERAt. PROVISIONS-DEPARTMENT OF COMMERCE During the current fiscal year applicable appropriations and
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funds available to the Department of Commerce shall be available for the activities specified in the Act of October 26,1919 (15 US C.
1514), to the extent and in the manner prescribed by said Act.
Puring the current fiscal year appropriations to the Department L
1 of Commerce which are available for salaries and expenses shall be available for hire of passenger motor vehicles; services as authorized by 5 U.S.C 310'); and uniforms or allowances therefor, as authorized by law (5 US.C. 5901-5902L b
No funds in this title shall be used to sell to private interests, except with the consent of the borrower, or contract with private i
interests to sell or administer, any loans made under the Public 42 USC 3121 Works and Economic Development Act of 1965 or any loans made a (*-
under section 254 of the Trade Act of 1974.
(
19 USC 2344 7
DEPARTMENT OF TRANSPORTATION w
MARITIME ADMINISTRATION f
OPERATIONS AND TRAINING For necessary expenses of operations and training activities authorized by law, including not to exceed $2,500 for entertainment of officials of other countries when specifically authorized by the
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Maritime Administrator; not to exceed $2,500 for representation allowances; not to exceed $2,500 for contir,gencies for the Superin-E tendent, United States Merchant Marine Academy, to be expended in his discretion; $78,113,000, to remain available until expended:
Provided, That reimbursements may be rende to this appropriation from receipts to the " Federal ship financing fund" for administra-F tive expenses in support of that program.
g FEDERAL. TRADE COMMISSION SAL. ARIES AND EXPENSES For necessary expenses of the Federal Trade Commission, includ-5 ing uniforms or allowances therefc,r, as authorized by 5 US C. 5901-L 5902; services as authorL-ed by 5 US.C. 3109; hire of passenger motor vehicles; and not to exceed $2,000 for official reception and k
15 USC Sin note.
representation expenses; $63,638,000: Provided. That notwithstand.
ing any other provision of law, the provisions of sections 10,11(b),18, m
20, and 21 of the Federal Trade Commission Improvements Act of 1980 (Public Law 96-252; 94 Stat. 374) are hereby extended until the termination date set forth in section 102(c) of II.J. Res. 631, as enacted into law, nothwithstanding subsections 10(e) and 21(i) of the Federal Trade Commission Improvements Act of 1980 (Public Law 96-252; 94 Stat. 374).
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PUBLIC LAW 97-377-DEC,21,1982 96 STAT.1871 SMAU. BUSINESS ADMINISTRATION SALARIES AND EXPENSES (INCLUDING TRANSFER OF FUNDS)
For necessary expenses, not otherwise provided for, of the Small Business Administration, including hire of passenger motor vehicles and not to exceed $1,500 for official reception and representation expenses, $202,029,000; and for grants for Small Business Develop-ment Centers as authorized by section 21(a) of the Small Business Act, as amended $16,000,000. In addition, $25,000,000 for disaster 15 Use sat wie.
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-a loan making activities, including loan servicing, shall be transferred to this appropriation from the "Disester loan fund",
BUSINESS IDAN AND INVESTMENT FUND For additional capital for the " Business loan and investment fund", authorized by the Small Business Act, as amended,
$128,700,000, to remain available without fiscal year limitation; and for additional capital for new direct loan obligations to be incurral by the " Business loan and investment fund", authorized by the Small Business Act, as amended, $135,000,000, to remain available without fiscal year limitation; and for additional capital for new direct loan obligations to be made only to disabled veter als and veterans of the Vietnam era as defined in section 1841, title 38, United States Code, under the general terms and conditions of title III of Public law 97-72, $25,000,000.
33 USC Ik41 DEPARTMENT OF JUSTICE GENERAL ADMINISTRATION SALARIES AND EXPENSES For expenses necessary for the administration of the Department of Justice, $54,873,000, of which $350,000 is to remain available until expended for the Federaljustice research program.
LEGAL ACTIVITIES SALARIES AND EXPENSES, ANTITRUST DIVISION For expenses necessary for the enforcement of antitrust, consumer protection and kindred laws, $43,389,000.
]
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS AND MARSHAIE e*
For necessary e,xpenses of the offices of the United States attor-neys, and marsnais, and bankruptcy trustees; including acquisition, lease, maintenance, and operation of aircraft, $330,981,000.
y' SUPPORT OF UNITED STATES PRISONERS For support of United States prisoners in non-F xteral institutions,
$34,254,000: Provided. That not to exceed $4,050,t M shall be availa-ble for the purpose of renovating, constructing, and equipping State and local jail facilities that confine Federal prisoners under the N
i
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..m 96 STAT.1872 PUBLIC LAW 97-377-DEC. 21,1982 Cooperative Agreement Program: Neided further, That amounts
~,
made available for constructing any local jail facility shall not exceed the cost of constructing space for the average Federal pris-oner population for that facility as projected by the Attorney Gener-al: Neided further, That following agreement on or completion of any Federally assisted jail construction, the availability of such space shall be assured and the per diem rate charged for housing Federal prisoners at that facility shall not exceed direct operating costs for the period of time specified in the cooperative agreement.
FEES AND EXrENsES OF WITNESSES For expenses, mileage, compensation, and per diems of witnesses and for per diems in lieu of subsistence, as authorized by law, including advances; $35,700,000.
SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE For necessary_ expenses of the Community Relations Service, 42t;sc 2 4 established by Title X of the Civil Rights Act of 1964, $5,70A,000.
INTERAGENCY law ENFORCEMENT ORGANIZED CRIME DRUG ENFORCEMENT r
For expenses necessary for the detection, investigation, prosecu-tion, and incarceration of individuals involved in organized criminal drug trafficking not otherwise provided for, $127,500,000, of which
$18,000,000 is to remain available until expended for construction of new facilities and constructing, remodeling, and equipping buildings and facilities at existing detention and correctional institutions.
FEDERAt. BUREAU or INVESTIGATION SALARIES AND EXPENSES For expenses necessary for detection, investigation, and prosecu-tion of crimes against the United States; including purchase for police-type use (not to exceed one thousand three hundred for replacement only) and hire of passenger motor vehicles; acquisit:on, lease, maintenance and operation of aircraft; and not to exceed
$70,000 to meet unforeseen emergencies of a confidential character, to be expended under the direction of the Attorney General, and to be accounted for solely on his certificate; $825,154,000, of which not to exceed $3,000,000 for automated data processing and telecommu-nications and $600,000 for undercover operations shall remain avail-able until September 30, 1984: Neided, That notwithstanding the provisions of title 31 U.S.C. 483(a) and 484, the Director of the Federal Bureau of Investigation may establish and collect fees to
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process fingerprint identification records for noneriminal employ-ment and licensing purposes, and credit not more than $13,500,000 of such fees to this appropriation to be used for salaries and other expenses incurred in providing these services: Neided further, That passenger motor vehicles for police-type use may be purchased without regard to the general purchase price limitation for the current fiscal year.
i
4 PUBLIC LAW 97-377-DEC. 21,1982 96 STAT.1873 IMMIGRATION AND NATunAuZATION SEnvicE SALARIES AND EXPENSES For expenses, not otherwise provided for, necessary for the admin-istration and enforcement of the laws relating to immigration, naturalization, and alien registration, including not to exceed
$50,000 to meet unforeseen emergencies of a confidential character, to be expended under the direction of the Attorne) General and J
accounted for solely en his certificate; purchase for police type use 4
(not to exceed four hundred one of which four hundred shall be for replacement only) and hire of passenger motor vehicles; acquisition, lease, maintenance and operation of aircraft; and research related to d
immigration enforcement; and for expenses necessary under Section 2
501(c) of the Refugee Education Assistance Act of 1980 (Public law a
96-442) for the processing, care, maintenance, security, transporta-94 stat 1799 tion, and the initial reception and placement in the United States of 1*9
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Cuban and IIaitian entrants; $4M,431,000, of which not to exceed " " 1 " "d* -
$400,000 shall remain available for research until expended: Pro-
--e vided, That none of the funds available to the Immigration and Naturalization Service shall be available for administrative
=
expenses to pay any employee overtime pay in an amount in excess of $20,000 except in such instances when the Commission ar makes a determination that this restriction is impossible to implement.
Daco ENroncEMENT ADMINISTRATION
]
SALARIES AND EXPENSES j
For necessary expenses of the Drug Enforcement Administration, including not to exceed $70,000 to meet unforeseen emergencies of a f_
confidential character, to be expended under the direction of the Attorney General, and to be accounted for solely on his certificate; purchase of not to exceed two hundred seventy-seven passenger
?
motor vehicles (for replacement only) for police-type use without regard to the general purchase price limitation for the current fiscal year; and acquisition, lease, maintenance, and operation of aircraft; d
$248,162,000, of which not to exceed $1,200,000 for research shall remain available until expended and $1,700,000 for purchase of evidence and c yments for information shall remain available until 3
September 30,' 19M.
GENERAL PaovisioNs-DEPARTMENT OF Justice SEc. 201. A total of not to exceed $35,000 from funds appropriated to the Department of Justice in this title shall be available for 3
official reception and representation expenses in accordance with m
distributions, procedures, and regulations established by the Attor-ney General.
SEC. 202. Notwithstanding section 501(e)(2xB) of Public law 96-422, funds appropriated to the Department of Justice in this title 8 Use im note.
may be expended for assistance to Cuban-flaitian entrants as a
authorized under section 501(clof said Act.
- 2 SEc. 203. Authorities contained in Public Law 96-132, " Depart-ment of Justice Appropriation Authorimtion Act, Fiscal Year 1980", 93 stat. ton are in effect until the termination date in section 102(c) of this joint resolution as enacted into law.
Iut. p 190't
.3
96 STAT.1874 PUBLIC LAW 97-377-DEC. 21,1982 RELATED AGENCIES COMMISSION ON CIVIL Ricirrs SALARIES AND EXPENSES For expenses necessary for the Commission on Civil Rights, including hire of passenger motor vehicles, $11,626,000.
EQUAL EurtovuENT OPPORTUNIri CouulssloN SALARIES AND EXPENSES For necessary expenses of the Equal Employment Opportunity Commission as authorized by title VII of the Civil Rights Act of 42 USC 20uoe.
1964, as amended,29 U.S.C. 206(d) and 621-634, including services as authorized by 5 US.C. 3109; hire of passenger motor vehicles; and not to exceed $18,500,000 for payments to State and local enforce-ment agencies for services to the Commission pursuant to title VII of the Civil Rights Act, as amended and sections 6 and 14 of the Age 29 USC 624,631 Discrimination in Employment Act; $142,771,000.
LEG AL SERVICES CORPORATION PAvMENT TO Tite LEGAL SERVICES CORPORATION For payment to the legal Services Corporation to carry out the 42 USC 2996 purposes of the Legal Services Corporation Act of 1974, as amended,
$241,000,000: Provided. That none of the funds appropriated in this not*-
Act for the legal Services Corporation shall be expended to provide legal assistance for or on behalf of any alien unless the ahen is a resident of the United States and is-(1) an alien lawfully admitted for permanent residence as an immigrant as defined by sections 101(ax151 and 101(ax20) of the l
Immigration and Nationality Act (8 U.S C.1101(ay15), (20)P,
[
(2) an alien who is either married to a United States citizen or is a parent or an unmarried child under the age of twenty-one years of such a citizen and who has filed an application for adjustment of status to permanent resident under the Immigra-O USC 1101 note.
tion and Nationality Act, and such application has not been rejected; (3) an alien who is lawfully present in the United States pursuant to an admission under section 207 of the Immigration f
and Nationality Act (8 U.S.C.1157, relating to refugee admis-sions) or who has been granted asylum by the Attorney General under such Act;or (4) an alien who is lawfully present in the United States as a i
result of the Attorney General's withholding of deportation 4
pursuant to section 24Mh) of the Immigration and Nationality Act (8 U.S.C.1253(h)).
An alien who is lawfully present in the United States as a result of being granted conditional entry pursuant to section 203(aMT) of q
the Immigration and Nationality Act (8 US C.1153(a)t7)) before April 1,1980, because of persecution or fear of persecution on account of race, religion, or political opinion or because of being uprooted by catastrophic natural calamity shall be deemed, for 42 USC 2996r.
purposes of section 1007(bx11) of the legal Services Corporation Act,
.,...,,, ~.. -,... -
PUBLIC LAW 97-377-DEC. 21,1982 96 STAT,1875 to be an alien described in subparagraph (C) of such section: N-vided further, That none of the funds appropriated in this Act for the Legal Services Corporation shall be used by the Corporation in making grants or entering into contracts for legal assistance unless the Corporation insures that the recipient is either (a) a private attorney or attorneys (for the sole purpose of furnishing legal assist-l ance to eligible chents) or (b) a qualified nonpront organization chartered under the laws of one of the States for the primary purpose of furnishing legal assistance to eligible c!ients, the major-ity of the board of directors o other governing body of which organization is comprised of attorneys who ire admitted to practice in one of the States and who are appointed to terms of ofGee on such o
board or body by the governing bodies of State, county, or municipal
',r associations the membership of which repres nts a majority of i
..e attorneys practicing law in the locality in v nich the organiza-tion is to provide legal assistance: Provided further, That none of the funds appropriated in this Act shall be expended by the Legal Services Corporation to participate in litigation unless the Corpora-tion or a recipient nf the Corporation is a party, or a recipient is representing an eligible client in litigation in which the interpreta-tion of this title or a regulation promulgated under this title is an issue, and shall not participate on behalf of any client other than itself: Provided further, That none of the funds appr griated in this Act shall be available to any recipient to be used-(A) to pay for any personal service, advertisement, elegram, telephone communication, letter, printed or written aatter, or other device, intended or designed to innuence any decision by a Federal, State, or local agency, except where legal assistance is provided by an employee of a recipient to an eligible client on a particular application, claim, or case, which directly involves the :lient's legal rights and responsibilities, or (B) to influence any Member of Congress or any other Federal, State, or local elected ofncial to favor or oppme any Acts, bills, resolutions, or similar legislation, or any referen-dum, initiative, constitutional amendment, or any similar pro-cedure of the Congress, any State legislature, any local council, or any similar governing body, except that this subsection shall not preclude such funds from being used in connection with communications made in response to any Federal, State, or local official, upon the formal request of such ofncial: Provided further That none of the funds appropriated in this Act for the Legal Services Corporation shall be used to bring a class action suit against the Federal government or any State or local government unless (1) the project director of a recipient has expressly approved the filing of such an action in accordance with rolicies established by the governing body of such recipi-ent;(2) the class relief which is the subject of such an action is sought for the primary benefit cf individuals who are eligible a
for legal assistance; and Q) that prior to filing such an action, the recipient project director has determined that the govern-ment entity is no* likely to chanye the policy or practice in question, that the i slicy or practice will continue to adversely affect eligible clients, that the recipient has given notice of its intention to seek class relief and that responsible efforts to resolve without litigation the adverse effects of the rolicy or practice have not been successful or wotid be adverse to the interests of the clients: Provided further, That none of the funds
E 96 STAT.1876 PUBLIC LAW 97-377-DEC. 21,1982 F
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appropriated in this Act for the legal Services Corporation shall be expended for any purpme prohibited or limited by or s
contrary to section 11 of II.R. 360, as passed the llouse of Rerresentatives on June 18, 1981: Pnnided further, That not.
withstanding any regulation, guideline, or rule of the Corpora-tion, the funds appropriated in this Act for the legal Services Corporation shall be used by the Corporation in making grants or entering into contracts under section 1006(a)(1) and (3) so as to insure that funding for each such current grantee and con-tractor is maintained in 1983 at the annualized level at which g
each such grantee and contractor was funded in 1982, or in the same proportion which total appropriations to the Corporation 7
in fiscal year 1983 bear to the total appropriations to the I
Corporation in fiscal year 19S2, until action is taken by direc-1 tors of the Corporation who have been confirmed in accordance with section 1004(a) of the legal Services Corporation Act:
4
+2 Use sxc.
I usesx-Provided further, That no member of the Board of Directors of t
..' te.
the legal Services Corporation shall be compensated for his services to the Corporation except for the payment of an attend-
[
ance fee at meetings of the Board at a rate r.ot to exceed the R
highest daily rate for grade fifteen (15) of the General Schedule and necessary travel expenses to attend Ecard meetings in
-r accordance with the Standard Government 's'r.avel Regulations:
42 t'sc sx 1 Neided further, That no officer or employee of the legal Services Corporation or a recipient program shall be reim-b bursed for membership in a private club, or be paid severance F
pay in excess of what would be paid a Federal employee for comparable service.
f DEPARTMENT OF STATE AnselNISTRATION OF FOas GN AFFAIRS SALARIES AND EXPENSES For nec ssary expenses of the Department of State and the For-r eign Serv - e, not otherwise provided fer, including obligations of the S
b United S ites abroad pursuant to treaties, international agree-
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ments, a i binational contracts (including obligations assumed in g
Germany on or after June 5,1945r, expenses authorized by section 9
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of the Act of August 3t,1964, as amended (31 U.S.C. 240 et seq.), and section 2 of the Act of August 1,19fA, as amended (22 U.S.C. 2GG9P, telecommunications; expenseo necessary to provide maximum physical security in Government-owned and leased properties and
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r vehicles abroad; permanent representation to certain international E
organizations in which the United States participates pursuant to
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treaties, conventions, or specific Acts of Congress; ocquisitirm by exchange or purchase of vehicles as authorized by law, except that special requirement vehicles may be purchased without regard to y
any price limitation otherwise established by law; $995,000,000, of which $25,00'),000 shall remain available until September 30,1984.
in K
REOPE'.f ciG CON 5tJLATES I
k For necet.sary expenses of the Department of State and the For-E eign Service for reopening and operating certain United States
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PUBLIC LAW 97-377-DEC,21,1982 96 STAT,1877 consubtes as specified in Section 103 of the Department of State A' aiorization Act, Fiscal Years 1982 and 1983, $1,000,000.
Anie.p 273 INTERNATIONAL ORGANIZATIONS AND CONFERENCES CONTRIBUTIONS "N) INTERN ATION AL ORGANIZATIONS For expenses, not ctherwise provided for, necessary to meet 2: Use sua.
ab. au ennual obligations of membership in international multilateral
+
jQ (h]3., egg x, organization % pursuant to treaties, conventions, or specific Acts of Congress, $444,315,000, of which $12,506,000 shall be for pay nent of the full 1983 asseosed contributions to the Inter-American Institute ex*, 230e. :xTr, e'a s t o.b.
for Cooperation on Agriculture: Procided, That none of the funds nppropriated in this paragraph shall be available for a United States " f 182"h. :s73 1"
contribution to an international organization for the United States share of interest costs made known to the United States Govern-ment by such organization for loans incurred on or after October 1, 1982, through external borrowings.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES For payments, not otherwise provided for, by the United States for expenses of United Nations peacekeeping f rces, $75,400,000: Pru-o cided That section 149 of Public Law 97-T d shall be effective until Ant <. p 1199 the termination date of H.J. Res. 631 as enacted into law.
Tile AstA FOUNDATION For a grant to the Asia Foundation, $4,100,000 to remain available until expended.
COMMISslON ON WARTIME REIDCATION AND INTERNMENT OF CivluANS l
(
SA1. ARIES AND EXPENSES For necessary expenses of the Commission on Wartime Relocation and Internment of Civilians, as authorized by Public Law 96-317, 5" USc app 19a1
$300,000 to be available only until June 30,1963.
UNrTEn STATES INFORMATION AGENCY SALARIES AND EXPENSES For expenses, not otherwise provided for, necessary to enabic the United States Information Agency, as authorized by keorganiza*ian Plan No. 2 of 1977, the Mutual Educational and Cultural Exchange 5 USC app Act, ar. amended 122 U.S.C. 2151 et seq], and the United States Information and Educational Exchange Act, as amended (22 U.S.C.
1431 et seq 3, to carry out international communication, educatic ial and cultural activities, including employment, without regar.1 to civil service and classification laws, of persons on a temporary basis (not to exceed $20,0004 expenses authorized by the Foreign Service Act of 1980 (22 U.S.C. 3901 et seq), living quarters as authorized by 5 U.S.C. 5912, and allowances as authorized by 5 U.S C. 5921-5928; and entertainment, including official receptions, within the United States, not to exceed $10,000; $407,830,000, of which not to exceed
$2,671,000 of the amounts allocated by the United States Informa-11-119 0 - 41 4 (424 i
L l
L __
L 96 STAT,1878 PUBLIC LAW 97-377-DEC. 21,1982 tion Agency to carry out section 103aN3) of the Mutual Educaticnal
-=
h and Cultural Exchange Act, as amended (22 U.S.C, 2453aN39, shall E.
remain available until expended: Pmeided, That not to exceed C-
$500,000 may be used for representation abroad: Pmeided further, E
That eceipts not to exceed $500,000 may le credited to this appro.
priation from fees or other payments received from or in connoc' ion 1
with Engl;sh-teaching programs as authorized by section 810 of aat,, p. 293.
Public Law 80-402, as amended; and, for expenses of certain exchange programs of the United States Information Agency, r
$84,292,000, of which $73,965,000 shall be for the Fulbright and International Visitors Programs, $3,006.000 shall be for the ilum-phrey Fellonhip Program, and $7,121,000 shall be for the Private 7
Sector Progrt ms.
1 THE eIUDICIARY BANKRUP!T'Y COURTS, SALARIES ann EXPENSES For salaries and expenses of the judges and other officers and r
employees of the flankruptcy Courts of the United States, not otherwise provided for, $89,000,000.
L (e#1) Such amounts as may be necessary for projects or activities K
provided for in the Departments of Labor, Ilealth and Iluman services, and Education and Related Agencies Appropriation Act,
=-
r 1953, at a rate for operations and to the extent in the following Act,
[
notwithstanding any other provision of the joint resolution; this subsection shall be effective as if it had bcen enacted into law as the E
regular appropriation Act:
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Department s of AN ACT Iabor. liealth andllaman Staking appropriations for the Departwnts of Shor, l{ealth and lluman Services.
Serv 2ces, and y
and Educatx>n, and related agencies, for the fiscal year endmg Septernber w, Ith3, F uca ton and and for other purpones.
Agencies d'[Q'*i*"
TITLE I-DEPARTMENT OF LABOR De rtrnent of La r EMPLOYMENT AND TRAINING ADMINISTRATION Appropriation d
^CI' COMMUNTTY SERVICE EMPIDYMENT FOR OLDER AMERICANS
=
To carry out the activities for national grants or contracts with k
public agencies and public or private nonprofit organizations under 4
F paragra h (IXA) of section 50tdal of title V of the Older Americans j
Act of 1g365, as amended, $219,921,000.
k 42 Usc 3041e.
To carry out the activities for grants to States under paragraph (3) of section 50ftal of title V of the Older Americans Act of 1965, as i
amended, $62,029,000.
1 FEDERAL UNEMPIDYMENT BENEFITS AND ALLOb ANCES For payments during the currot nscal year of benefits and 5 Usc et er allowances to ex-servicemen, as authorized by title 5, chapter 85 of
'N the United States Code, as amended, of benefits and payments as r
92 stat. n2.
authomed by title II of Public Law 95-250, as amended, of trade r
adjustrr.ent benefit payments and allowances, as provided by *aw (part I, subchapter B, chapter 2, title II of the Trade Act of 1974, as
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19 USC 251.
amended) $230,000,000, together with such amounts as may be y
necessary to be charged to the subsequent appropriation for pay-e m
PUBLIC LAW 97-377-DEC,21,1982 96 STAT,1879 ments for any period subsequent to September 15 of the current year: Acided That amounts recovered from the States during the current fiscal year pursuant to 5 U.S.C. 8505(d) shall be available for such payments during the year. Amounts received or recovered pursuant to section 208(e) of Public Law 95-250 shall be available for 92 stat 179.
payments.
GRANTS TO STATES IT)R UNEMPIDYMENT IMSURANCE AND EMrtAYMENT SERVICES For grants for activities authorized by the Act of June 6,1933, as amended (29 U.S.C.49-49n; 39 U.S.C. 3203aX1*E)t, Veterans' Employment and Readjustment Act of 1972, as amended (38 U.S C.
2001-2013); title til of the Social Security Act, as amended (42 U.S.C.
501-503); and necessary administrative expenses for carrying out 5 y
U.S.C. 8501-8523, chapter 2, title 11, of the Trade Act of 1974, as amended, and sections 101(at15Kilkii) and 213ax14) of the Immigra. 19 Use 231.
tion and Nationality Act, as amended (8 U.S.C.1101 et segJ, includ.
ing, up,n request of any State, the payment of rental for space made available to such State in lieu of grants for such purpose,
$22,200,"00, together with not to exceed $2,454,300,000 which may be expended from the Employment Security Administration account in the Unemployment Trust Fund and of which $627,176,000 shall be available only to the extent necessary 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 grant was based, which cannot be provided for by normal budgetary adjustments: Neided, That any portion of the funds granted to a State in the current fiscal year and not obligated by the State in that year shall be returned to the Treasury and credited to the account from which derived.
ADVANCES TO Tite UNEMP!AYMENT 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 42 USC N N2 smended, and to the Black Lung Disability Trust Fund as author-ized by section 9501(c)I1) of the Internal Revenue Code of 1954, as W. Usc 97.01-amended, and for nonrepayable advances to the Unemployment Trust Fund as authorized by section 8509 of title 5, United States Code and by title VI of the Tax Equity and Fiscal Responsibility Act of 1982, and to the " Federal unemployment benefits and allow.
Ani,.p to2 ances" account, to remain available until September 30, 1984,
$5,411,000,000.
LABOR MANAGEMENT SERVICES ADMINISTRATION SALARIES AND EXPENSES For necessary expenses for the Labor. Management Services Administration, $58,077,000.
MM
E 96 STAT.1880 PUBLIC LAW 97-377-DEC. 21,1982 PENSION BENEFIT GUARANTY CORPORATION The Pension Benefit Guaranty Corporation is authorized to make Z
such expenditures, including financial assistance authorized by sec-29 Use 1381.
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. 849), as may be necessary in carrying out the program through September 30,1983, for such Corporation.
=
b EuPwYMENT STANDARDS ADurNISTRATIoN 9
SALARIES AND EXPENSFS
[
For necessary expenses for the Employment Standards Adminis.
L tration, including reimbursement to State, Federal and local agen-E cies and their employees for inspection services rendered.
L
$169,296,000, together with $347,000 which may be expended from E-the Special Fund in accordance with sections 39(c) and 44(j) of the E
33 USC 939,944.
bngshoremen's and liarbor Workers' Compensation Act.
-i SPECIAL BENEFITS For the payment of compensatica, benefits, and expenses (except administrative expenses) accruing during the current or any prior L
fiscal year authorized by title V, chapter 81 of the United States 5 Usc slot et Code: continuation of benefits as provided for under the head " Civil.
P
- v ian War Benefits" in the Federal Security Agency Appropriation Act,1947; the Employees' Compensation Commission Appropriation Act,1944; and sections 4(c) and 5(f) of the War Claims Act of 1918 (50 U.S.C. App. 2012r, and 50 per centum of the additional compensation and benefits required by section 10th) of the Ungshoremen's and 33 USC 910.
liarbor Workers' Compensation Act, as amended, $339,600,000, t ' ether with such amourit as may be necessary to be charged to the su uentyear appropriation for the payment of com nsation and other benents for any period subsequent to Septem r 15 of the current year Provided, That in addition there shall be transferred from the Postal Service fund to this appropriation such sums as the Secretary of Labor determines to be the cost of administration for Postal Service employees through September 30,1983.
BLACK LUNG DISABILITY TRL'dT FUND For payments from the Black Lung Disability Trust Fund,
$.673,544,000, of which $639,255,000 shall be available until Septem-I ber 30,1984, for payment of all benefits and interest on advances E
under subsection (ex2) of section 9501 of the Internal Revenue Code 26 USC 921.
of 195.', as amended, as authorized by section 9501td)(1), (2),(4), and
=
(7) of that Act and of which $21,192,000 shall be available for
=-
7 transfer to Employment Standards Administration, Salaries and Expenses and $13,097,000 for transfer to Departmental Manage-L ment, Salaries and Expenses for expenses of operation and adminis-E tration of the Black Lung Benefits program as authorized by section E
9501(dx5XA) of that Act: Provided, That in addition, such amounts as may be necessary may be charged to the subsequent year appro-m-
PUBLIC LAW 97-377-DEC. 21,1982 96 STAT.1881 priation for the payment of compensation and other benents for any period subsequent to June 15 of the current year Neided 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 Gscal year, as author-
- '6 cm et ized by section 9501(dx5KB) of that Act.
OCCUPATIONAL SAFrrY AND IIEALTH ADMINISTRATION SALARIES AND EXPENSES For necessary expenses for the Occupational Safety and liealth Administration, $205,256,000, including not to exceed $47,625,000, which shall be the maximum amount available for grants to States under sectien 23(g) of the Occupational Safety and llealth Act. 3 USC 67L which grants shall be no lee.s than Gfty percent of the costs of State occupational safety and health programs required to be incurred under plans approsed by the Secretary under section 18 of the Occupational Safety and llealth Act of 1970: Procided. That none of s Use 667 the funds appropriated under this paragraph shall be obligated or expended to enforce or prescribe as a condition for initial, continu-ing, or final approval of State plans under section 18 of the Occupa-tional Safety and llealth Act of 1970, State administrative or enforcement stafGng levels which are greater than levels which are determined by the Secretary to be equivalent to Federal staffing levels-Ncided further, That none of the funds appropriated under this paragraph shall be obligated or expended for the assessment of civil penalties issued for Grst instance violations of any standard, rule, or regulation promulgated under the Occupational Safety and llealth Act of 1970 (other than serious, willful, or repeated viola-W USC C1 note tions under section 17 of the Act) resulting from the mspection of a Usc 666 any establishment or workplace subject to tl.e 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 stedard, rule, regula.
tion, or order under the Occupational Safety and llealth Act of 1970 which is applicable to any person who is engaged in a farming operation which does not maintain a temporary labor camp and employs ten or fewer employees: Neided further, That none of the funds appropriated under this paragraph shall be obligated or ex-pended to prescribe, issue, administer, or enfeve any standard, rule, regulation, order or administrative action un.ier the Occupational Safety and llealth Act of 1970 affecting any work activity by reason of recreational hunting, shooting, or fishing-Neided further That no funds appropriated under this paragraph shall be obligated or expended to administer or enforce any standard, rule, regulation, or order under the Occupational Safety and liealth 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 Classincation 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-
~
i=r e
EF 96 STAT,1882 PUBLIC LAW 97-377-DEC. 21,1982
- -~
(1) to provide, as authorized by such Act, consultation, techm.
g cal assistance, educational and training services, and to conduct surveys at.d 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 R
which are not corrected within a reasonable nbatement period
-1 and for any willful violations found; r5 (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 E
(-
health hazards:
'E (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 er which results in hospitalization of five or more em loyees, and take any action pursuant to such investigation aut orized by such Act; (6) to take any action authorized by such Act with respect to complaints of discrimination againt employees for exercising rights under such Act: Provided further, that the foregoing 5
6 proviso shall not apply to any person who is engaged in a farming operation which does not maintain a temporary labor N
camp and employs ten or fewer employees: Pme:ded 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 (r fewer employees of any standard, rule, regulation, or order promulgated under the Occupational Safety a Usc 651 note.
and Health Act of 1970 tother than serious, willful or repeated violations and violations which pose imminent danger under s Usc 661 section 13 of the Act) if, prior to the inspection which gives rise i_
to the alleged violation, the employer cited has (1) voluntarily
[
requested consultation under a program operated pursuant to L
section 7(c)(1) or section 18 of the Occupational Safety and a Usc 656,667.
Health Act of 1970 or from a private consultative source approved by the Administration and (2) had the consultant examine the condition cited and (3) made or is in the process of making a reasonable good faith effort to eliminate the hazard created by the condition cited as such, which was identified by the aforementioned consultant, unless changing circumstances or workplace conditions render inapplicable the advice obtained from such consultants: Procided further, That none of the funds appropriated under this paragraph may be obligated or ex-
=
s pended for any State plan monitoring visit by the Secreta.y of h
Labor under section 18 of the Occupational Safety and llealth Act of 1970, of any factory, plant, establi hment, construction site, or other area, workplace or nvironment where such a workplace or environment has been inspected by an employee of a State acting pursuant to section 18 of such Act within tk six 1
months preceding such inspection: Provided further, Tnar this limitation does not prohibit the Secretary of Labor from con-
[
ducting such monitoring visit at the time and place cf an inspection by an employee of a State acting pursuant to section
=-
18 of such Act, or m order to investigate a complaint about p
State program administration including a failure to respond to F
a worker complaint regarding a violation of such Act, or in y
order to investigate a discrimination complaint under section
~
I M
PUBLIC LAW 97-377-DEC. 21,1982 Cf3 STAT.1883 11(c) of such Act, or as part of a special study monitoring ::9 Use em program, or to investigate a fatality or catastrophe: Neided further, That none of the funds appropriate <' n.nder this para-graph may be obligated or expended for the inspection, investi-gation, or enforcement of any activity occurriag on the Outer Continental Shelf which exceeds the authority granted to the Occupational Safety and llealth Administration by any provi-sion of the Outer Cmtinental Shelf Lands Act, or the Outer 43 USc l331 Continental Shelf Lands Act Amendments of 1978.
y*g
'~
note.
MINE SAFETY AND IIEALTH ADMINISTRATION i
SAI. ARIES AND EXPrNbES For necessary expenses for the Mine Safety and IIcalth Adminis-tration, $153,828,000, including purchase and bestowal of certificates and trophies in connection with mine rescue and first-aid work, and the purchase of not to exceed eighty eight passenger motor vehicles for wplacement only; the Secretary is authorized to accept lands, ao Use x1 buildings, equipment, and other contributions from public and pri-vate sources and to prosecute projects in cooperation with other agencies, Federal, State, or private; the Mine Safety and liealth Administration is authorized to promote health and safety educa-tion and training in the mining community through cooperative programs with States, industry, and safety associations; and any funds available to the Department may be used, with the approval of the Secretary, to provide for the costs of mine rescue and survival operations in the event of major disaster Neided. That none of the funds appropriated under this paragraph shall be obligated or expended to carry out section 115 of the Federal Mine Safety and IIea!th Act of 1977 or to carry out that portion of section 104tgn1) of
- ) Use m j
such Act relating to the enforcement of any training requirement,
- ) Usc x14 J
with respect to shell dredging, or with respect to any sand, gravel, surface stone, surface clay, colloidal phosphate, or surface limestone mine.
BtJREAtJ 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, $120,10,000.
DEPARTMENTAL MANAGEMENT SALARIES AND EXPENSES For necessary expenses for Departmental Management, including
$1,973,000 for the President's Committee on Employment of the liandicapped, $91,864,000, together with not to exceed $8,752,000, which may be expended from the Employment Security Administra-tion account in the Unemployment Trust Fund and of which
$8,E35,000 shall be for carrying into effect the provisions of 38 U.S.C.
2001-03.
m E
96 STAT.1884 PUBLIC LAW 97-377-DEC. 21,1982 SPECIAL FOREIGN CURRENCY PROGRAM For payments in foreign currencies which the Treasury Depart-ment determines to be excess to the normal requirements of the United States, for necessary expenses of the Department of Labor, as authorized by law, $67,000, to remain available until expended.
This appropriation shall be available in addition to other appropri-ations to such agency for payments in foreign currencies.
OFFICE OF T11E INSPECTOR GENERAL For salaries and expenst 5 of the Office of the Inspector General in
=
7 carrying out the provisions of the inspector General Act of 1978,
$38,133,000, together with not to exceed $6.835,000, which may be expended from the Employment Security Administration account in the Unemployment Trust Yund.
7 GENERAL PROVISION SEC.101. Appropriations in this Act available for salaries and expenses shall be available for supplies, services, and rental of E
i B-o nference space within the District of Columbia, as the Secretary of L.tbor shall deem necessary for settlement of labor-management disputes.
i 3
short t2tle.
This title may be cited as the " Department of Labor Appropri-j ation Act,1983" Department of TITLE II-DEPART 51ENT OF IIEALTII AND 11U51AN p
Elealth and SERVICES fluman Semces Appropnation Act,19*i3.
llEALT11 SERVICES ADMINISTRATION liEALT11 SERVICES E
For carrying out titles III V VII, VIIL X, and XIX of the Public 42 Usc cu. 219
}Iealth Service Act, tl.e Act of August 8,1916 (5 U.S.C. 7901), section M*j% 3*,95 292.
1 of the Act of July 19,1963 (42 U.S.C. 253a), section 108 of Public h,
Law 93-353, section 427(a) of the Federal Coal 5 fine IIealth and 42Usc wi Safety Act, as amended, and title V of the Social Security Act, P
30 USC 937; 42
$1,018,563,000 of which $1,732,000 shall be available only for pay.
Usc 701.
ments to the State of }Iawaii for care and treatment of persons i
afflicted with llansen's disease; and of which $3,292,000, to be r
available until expended, shall be used to renovate the National
~
IIansen's Disease Center: Provided, That this appropriation shall be 2
available for payment of the costs of medical care, related expenses.
E-and burial expenses hereaner incurred by or on behalf of any person E
who has participated in the study of untreated syphilis initiated in g
Tuskegee, Alabama, in 1932, in such amounts and subject to such gg terms and conditions as prescribed by the Secretary of IIcalth and iluman Services and for payment, in such amounts and subject to meB such terms and conditions, of such costs and expenses hereafter
'E incurred by or on behalf of such person's wife or offspring deter-mined by the Secretary to have suffered injury or disease from syphilis contracted from such person: Provided further, That when the IIealth Services Administration operates an employee health F
program for any Federal department or agency, payment for the estimated cost shall be made by way of reimbursement or in
q.
PUBLIC LAW 97-377-DEC. 21,1982
^ 96 STAT.1885 "
advances to this appropriation: hvided urther, That during 1983, f
.3 and within the resources and authority available under sections 338
. and 338E of the Public Health Service Act, gross obligations for the 42 Use 254k..
principal amount of direct loans under section 338E of that' Act shall SP-not exceed $1,000,000: heided further, That ncae 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. 303a) to any regular
- j P,. _
s or reserve officer of the Public Health Service for any perind during
' - which the officer is providing olili ated servise under section 338B t
. (or under former sections 225(e) or 752) of the Public Health Service
~ Act except that this proviso shall not apply to.ary period of service 42 US? #4 note.
covered by an agreement entered into by an officer under 37 U.S.C.
S. 30acX1) before the date of enactment of this Act.
CENTERS FOR DISEAEE CONTROL PREVENTIVE HEALTH SERVICES '
To carry out titles 111, XI, and XIX of tbe Public Health Shvice
' Act, the Federal Mine Safety and Health Act of 1977f enh the 42Usc241. <
Occupational Safety and Health Act of 1970; including insurance of QMF official motor vehicles in foreign couritries; and purchase, hire, d maintenance, and operation of aircraft, $290,701,000, of which
$2,050,000 shall remain avaihble until expended and shall be for construction and equipment of facilities of or used by the Centers for Disease Control: Provided, That' training of employees of private agencies shall be made subject to reimbursement or advances to this appropriation for the full cost of such training.
NATIONA1. INSTITUTES OF HEALTH
"/
NATIONAL CANCER INSTITUTE Fer carrying out, to the extent not otherwise provided, the Public Health Service Act with respect to caccer, $983,576,000.
'i NATIONAL HEART, LUNG. AND BIDOD INFrtT'.'TE
~
For expenses, not otherwise provided for, necessary to carry out the Public Health Service Act with twpect to heart, lung, blood vessel, and blood diseases, $622,745fX)0.
NATIONAL INSTR!UTE OF DENTAL MEQEARCH For expenses, not otherwise provMed for, to carry out title IV of the Public Health Servico ' Act with, respect to dental diseases. 42 iisc 281.
$78,860,000.
NATIONAL INSTITUTE OF ARTHRITIS, DIABE"TEs, AND DICESTIVE AND KIDNEY DISEASF,9 For expenses necessary to carry c0t title IV of the Public Health m
Service Act with respect to arthritis, diabetes, digestive and kidney diseases, $412,182,000
'h k
. s..
y s._es r
96 STAT.1886 PUBLIC LAW 97-377-DEC,21,1982 NATIONAL INSTITUTE OF NEUROtDGICAL AND COMMUNICATIVE DISORDERS AND STROKE For expenses necessary to carry out, to the extent not otherwise 42 UeC 281.
provided, title IV of the Public IIealth Service Act with respect to neurological and communicative disorders and stroke, $295,719,000.
NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES For expenses, not otherwise provided for, to carry out title IV of the Pubhc IIealth Service Act with respect to allergy and infectious diseases, $273,581,000.
NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES For expenses, not otherwise provided for, necessary to carry out title IV of the Public Ilealth Service Act with respect to general medical sciences, $369,561,000.
NAttONAL INFITTUTE OF CIIILD ItEALTH AND HUMAN DEVEIDPMENT To nrry out, except as otherwise provided, title IV of the Public IIealth Service Act with respect to child health and human develop-ment, $253,655,000.
NATIONAL EYE IN!rTITUTE For expenses necessary to carry out title IV of the Public Ilealth Service Act, with respect to eye diseases and visual disorders,
$141,561,000.
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTil SCIENCES l
To carry out, except as otherwise provided, sections 301,311, and 42 Usc 241. 241 472 of the Public Health Service Act with respect to environmental 2st-health sciences, $164,367,000.
NATIONAL IN!rrITUTE ON AGING l
To carry out, except as otherwise provided, title IV of the Public l
IIealth Service Act with respect to aging, $93,996,000.
I RESEARCII RESOURCES To carry out, except as otherwise provided, sections 301 and 472 of f
the Public IIealth Service Act with respect to research resources and general research support grants, $213,804,000: Provided. That none of these funds, with the exception of funds for the Minority l
Biomedical Support program, shall be used to pay recipients of the I
general research support grants program any amount for indirect
.}
expenses in connection with such grants.
JOHN E. FOGARTY INTERNATIONAL CENTER FOR ADVANCED STUDY IN THE HEALTH SCIENCES For the John E. Fogarty International Center for Advanced Study in the IIealti. Sciences, $10,147,000, of which $1,800,000 shall be available for payment to the Gorgas Memorial Institute for mainte-I nance and operation of the Gorgas Memorial Laboratory.
J
PUBLIC LAW 97-377-DEC. 21,1982 96 STAT.1887 NATIONAL IJBRARY OF MEDICINE To carry out, to the extent not otherwise provided for, section 301 with respect to health information communications and parts I and J of title III of the Public IIealth Service Act, $46,043,000.
42 Use 241.
OFFICE OF THE DIRECTOR For expenses necetsary for the Office of the Director, National Institutes of liealth, $24,683,000, including purchase of not to exceed thirteen passenger motor vehicles for replacement only.
BUILDINGS AND FACIIJTIES For construction of, and acquisitio i of sites and equipment for, facilities of or used by the National Institutes of IIealth, where not otherwise provided, $17,500,000, to remain available until expended.
AtcOHot, DRUG ABUSE, AND MENTAL IIEALTH ADMINISTRATION Alf0HOL, DRUG ABUSE, AND MENTAL HEALTH For carrying out the Public liealth Service Act with respect to 42 USC 201 note.
mental health, drug abuse, and alcoholism, $777,556,000, of which
$100,000 for design, raodernization and improvement of government owned or leased intramural researen facilities shall remain avail-able until expended.
SAINT ELIZABETHS IIOSPITAL For expenses necessary for the maintenance and operation of Saint Elizabeths llospital in the District of Columbia. $76,505,000:
Prucided That the Secretary of IIealth and liuman Services may 24 Use in set rates for inpatient and outpatient services provided through Saint Elizabeths llospital that in the aggregate do not exceed the estimated total cost of providing sucl rervices, and may bill and collect from (prospectively or otherwise) individuals, the District of Columbia, Executive agencies and other entities for any services so provided. Amounts so collected shall be credited to the appropri-ation for Saint Elizabeths llospital for the year in which the services are provided IIEALTH RESOURCES ADMINISTRATION HEALTH RESOURCES For carrying out titles III, IV, VII, VIII, and XVI of the Public IIealth Service Act and section 1122 of the Social Security Act. 42 Usc 2st. 231,
$188,531,000 of which $1,500,000 shall remain available until ex-W2 2'"i aim pended for loan guarantees made prior to fiscal year 1981 and interest subsidies under part B of title VII, $5,000,000 shall remain 42 Use an available until expended for grants for construction of teaching facilities under section 720(aX3) of the Public IIcalth Service Act, and $29,000,000 shall be available until expended tc enable the Secretary of IIealth and lluman Services to enter into appropriate financial arrangements to repay in full any loan to Meharry Medi-cal College guaranteed under section 726 (formerly section 729) of the Public IIealth Service Act.
42 Use 293r
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96 STAT.1888 PUBLIC LAW 97-377-DEC. 21,1982 h
MEDICAL FACILITIES CUARANTEE AND IJOAN FUND 42 Usc 3000.
For carrying out title XVI of the Public IIealth Service Act, F
$32,000,000 shall be available without fiscal year limitation for the
=
payment of interest subsidies. The total principal nmount of loans to be guaranteed or directly made, which may be allotted among the ji-42 Usc st.
States, pursuant to titles VI and XVI of the Public Ilealth Service E
Act shall not exceed a cumulative amount of $1,500,000,000. During t_
fiscal year 1983, no commitments for direct loans or loan guarantees y
shall be made.
ASSISTANT SECPTTARY FOR llEALTH HEALTH SERVICES MANAGEMENT
=
For the expenses necessary for the Office of the Assistant Secre-tary for Health and for carrying out titles III, XIll, and XX of the E
42 Usc 241 Public Health Service Act, $96,694,000 and section 200S(g) does not
$$87m apply to these programs.
3 HEALTH MAINTENANCE ORGANIZATION IDAN AND IJOAN GUARANTEE FUN D
=
6 Any amounts received by the Secretary as repayment of loans 42 Usc 3ooe.
under title XIII of the Public IIealth Service Act for direct loans as authorized by said title XIll, and not to exceed $16,500,000 may be l
disbursed with respect to any liability or contingent liability incurred prior to 1983. During 1983 and within the resources and authority available, gross obligations for the principal amount of direct loans shall not exceed $24,500,000.
~
RETIREMENT PAY AND MEDICAL BENEFITS FOR COMMISSIONED OFFICERS For retirement pay and medical benefits of Commissioned Officers as authorized by law, and for payments under the Retired Service.
I man's Family Protection Plan and Survivor Benefit Plan and for medical care of dependents and retired personnel under the Depend-10 Usc 1071 et ents' Medical Care Act (10 U.S.C., ch. 551, such amounts as may be W
required during the current fiscal year: Protided. That none of these funds shall be available for payment to retired personnel of the Coast Guard or the National Oceanic and Atmospheric Administra-tior or to the survivors of.such personnel or for payment of medical care for dependents of such personnel and shall be used solely for Commissioned Officers of the Public IIealth Service, their depend-ents and survivors.
HEALTil CARE FINANCING ADMINISTRATION GRANTS TO STATES FOR MEDICARD For carrying out, except as otherwise provided, title XIX of the 42 Usc 13M Social Security Act, $19,361,845,000 to remain available until expended.
E For making, after June 30 of the current fiscal year, payments to States under title XIX of the Social Security Act, for the last three months of the current fiscal year, such sums as may be necessary, the obligations incurred and the expenditures made thereunder for u
i
PUBLIC LAW 97-377-DEC. 21,1982 96 STAT.1889 payments under such title to be charged to the subsequent appropri-ation therefor for the current or succeeding fiscal year.
In the administration of title XIX of the Social Security Act, 42 Usc 1396 yments to a State under such title for any quarter in the period inning July 1 of the prior year and ending September 30 of the current year may be made with respect to a State plan approved under such title prior to or during such period. After a plan or plan amendment is approved, payment may be made with respect to it for the quarter in which it was su! mitted or any subsequent quarter in which it remains in effect.
Such amounts as may be necessary from this appropriation shall be available for grants to States for any period in the prior fiscal year subsequent to June 30 of that year.
For making payments to States under title XIX of the Social Security Act for the first quarter of fiscal year 1984, $5,105,600,000 to remain available until expended.
PAYMENTS to HEALTil CARE TRUST FUNDS For payment to the Federal liospital Insurance and the Federal Supplementary Medical Insurance Trust Funds, as provided under sections 217(g),229tb) and 1844 of the Social Security Act, sections 42 USC 417,429, 1337" 103tc) and 111(d) of the Social Security Amendments of 1965, and section 278(d) of P.L.97-248, $15,347,000,000.
E'N4*
A nte, p. ?>i>9.
PROGRAM MANAGEMENT For carrying out, except as otherwise provided, titles XI, XVIII 42 Usc 1301, and XIX of the Social Security Act, and sections 1526 and 1533td) of IM1" the Public Health Service Act, $92,905,000 together with not to exceed $959,671,000, to be transferred to this appropriation as au-M **
thorized by section 201(gM1) of the Social Security Act, from the 42 Use 401.
Federal llospital Insurance and the Federal Supplementary Medical Insurance Trust Funds referred to therein: Pmeided. That these amounts shall be in addition to funding for this purpose available under section 118 of Public Law 97-248: Neided further, That Aate. p 374
$20,000,000 of the foregoing amount shall be expended only to the extent necessary to process workloads not anticipated in the budget estimates and to mwt unanticipated costs of agencies or organiza-tions with which agreements have been made to participate in the administration of title XVill and after maximum absorption of such costs within the remainder of the existing limitation has been achieved: Neided further, That none of the funds appropriated under this paragraph shall be allotted or otherwise awarded to any Professional Standards Review Organization which the Secretary of the Department of IIcalth and lluman Services has determined should be terminated from the Professional Standards Review Pro-gram because of its inability to effectively or efficiently discharge its 42 USC 130i>
responsibilities under the Social Security Act.
note.
SoCiAI. 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
l m
96 STAT.1890 PUBLIC LAW 97-377-DEC. 21,1982 sections 217(g), Mg), 229tb), and 1131(bk2) of the Social Security E
42 USC 417. 429.
Act, $855,213,000.
m 1320b-1.
SPECIAL BENEFITS FOR DISABLED COAL MINERS E
For carrying out title IV of the Federal Mine Safety and llealth Act of 1977, including the payment of travel expenses on an actual F
i cost or commuted basis, to an individual, for travel incident to j
medical examinations, and to parties, their representatives and all E
reasonably necessary witnesses for trarel within the United States, Puerto Rico, and the Virgin Islands, to reconsideration interviews and to proceedings before administrative law judges, $1,093,000,000:
Provided. That after July 31, such amounts for benefit payments
=
2-as may be necessary may be charged to the subsequent year appropriation.
SUPPLEMENTAL SECURITY INCOME PROGRAM For carrying out the Supplemental Security Income Program i
42 USC 1381, under title XVI of the Social Security Act, section 401 of Public Law
{
[3p t N sc 92-603, section 212 of Public Law 93-66, as amended, and section 405 Im ne of Public Law 95-216, meluding payment to the social security trust funds for administrative expenses incurred pursuant to section g
42 Usc 401.
201(gx1) of the Social Security Act, $8,543,616,000 to remain T
available until expended: Provided. That after July 31, such
[
amounts for benefit payments as may be necessary may be charged L
to the subsequent year appropriation: Provided further That any portion of the funds provided to a State in the current fiscal year r
and not obligated by the State during that year shall be returned to the Treasury.
b ASSISTANCE FAYMENTS PROGRAM For carrying out, except as otherwise provided, titles I, IV, X, XI, 42 Usc 301. 601, XIV, and XVI of the Social Security Act and the Act of July 5,1904)
[
yl 1301 1351-(24 U.S.C., ch. 9), $6,684,207,000, to remain available until expended.
For making, after May 31 of the current fiscalyear, payments to r
E States under titles I, IV, X, XIV, and XVI of the bocial Security Act for the last three months of the current fiscal year for unanticipated I
costs, incurred for the current fiscal year, such sums as may be lli necessary, the obligations and expenditures to be charged to the subsequent appropriations therefor for the current fiscalpear.
For making payments to States under titles I, IV, X, XIV, and XVI of the Social Security Act for the first quarter of fiscal year 1984, $1,718,000,000, to remain available until expended.
CmLD SUPPORT ENFORCEMENT i
For carrying out, except as otherwise provided, titles IV-D and XI E-42 USC 651 of the Social Security Act, $347,500,000 to remain available until g
1301.
expended.
L For making, after May 31 of the current fiscal year, payments to L
States under title IV-D of the Social Security Act for the last three months of the current fival year for unanticipated costs, incurred k
for the current fiscal year, such sums as may be necessary, the obligations and the expenditures to be charged to the subsequent 6
{
appropriations therefor.
L N
PUBLIC LAW 97-377-DEC. 21,1982 96 STAT.1891 For making payments to States under title IV-D of the Social Security Act for the first quarter of fiscal year 1984, $118,000,000 to remain available until expended.
IDW INCOME HOME ENERGY ASSISTANCE PROGRAM For carrying out title XXVI of the Omnibus Budget Reconciliation 95 stat. m Act of 1981, $1,850,000,000.
42 USC M21.
REFUGEE AND ENTRANT ASSISTANCE Fcr expenses necessary to carry out the provisions of the Refugee o
Act of 1980, as amended, and sections 501 ta) and (b) of the Refugee Edue; tion Assistance Act of 1980, $585,000,000: Neided, That such 8 Usc 1522 note.
funds may be expended for individuals who would meet the defini-tion of " Cuban and Haitian entrant" under section Solte) of the Refugee Education Assistance Act,94 Stat.1810, but for the applica-ti:n of paragraph (2xB) thereof.
I.!MITATION ON ADMINISTRATIVE EXPENSES For necessary expenses, not more than $3,408,451,000 may be expended, as authorized by section 201(gM1) of the Social Security Act, from any one or all of the trust funds referred to therein: 42 Usc 401.
Neided That travel expense payments under section 1631(h) of 42 Usc tw note such Act may be m,6 only when travel of more than seventy-five 42 Usc Im miles is required: Ncided further, That $50,000,000 of the foregoing
- c. mount shall be apportioned for use pursuant to section 3679 of the Revised Statutes (31 U.S.C. 665), only to the extent necessary to i
process workloads not anticipated in the budget estimates, for auto-m' tion projects, and to meet mandatory increases in costs of agen-cies or organizations with which agreements have been made to
{
participate in the administration of titles XVI and XVill and sec-tion 221 of the Social Security Act, and aner maximum absorption 42 Usc 1391, of ouch costs within the remainder of the existing limitation has 1395.421.
been achieved: Neided further, That $47,026,000 authorized herein 3 or acquisition of sites, construction, renova-f ahtll be available on1 tion, and equipment of facihties and for payments for principal, interest, taxes and any other obligations under contracts entered into pursuant to the Public Buildings Purchase Contract Act of 1954 to Usc 3M note.
cnd the Public Buildings Amerdments of 1972, and shall remain 40 Usc sot note cvxilable until expended: Neided further, That $151,625,000 for cutomatic data processing and telecommunications activities shall remain available until expended.
ASSISTANT SECRETARY FOR IIUM AN DEVEIDPMENT SERVICES SOCIAL. SERVICES BIDCK GRANTS For carrying out the Social Services Block Grant Act,
$2,450,000,000.
HUMAN DEVEIDPMENT SERVICES For carrying out, except as otherwise provided, the Older Ameri-c ns Act of IJ65, the Child Abuse Prevention and Treatment Act, titla Vill of the Community Services Act, the Developmental Dis-abilities Assistance and Bill of Rights Act of 1981, and the IIead 42 Usc ant note,5141 note, 2991. fool note.
95 Stat. 563
96 STAT.1892 PUBLIC LAW 97-377-DEC,21,1982 95 Stat. 499.
Start Act of 1981, $1,753,514,000, of which $43,180,000 shall be for USC 8'"1 42,b grants under part C of the Developmental Disabilities Assistance
" sc r,0.;t.
and Bill of Rights Act, and $7,320,000 shall be for section 113 of such 2
95 stat. 563.
Act.
CitiLD WELFARE SERVICES For carrying out, except as otherwise provided, parts A, B, and E of title IV and sections 1110 and 1115 of the Social Security Act and title 11 of Public Law 95266 (adoption opportunities), $572,669,000.
WORK INCENTIVES For carrying out a work incentive program, as authorized by past 42 USc 630.
C of title IV of the Social Security Act, including registration of individuals for such programs, and for related child care and other 42 Usc 602.
supportive services, as authorized by section 403a(19xG) of the Act, including transfer to the Secretary of Labor, as authorized by 42 Usc 631.
section 431 of the Act, $270,760,000 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 403td) of such 42 Use soa.
Act, for these purposes.
OrrICE or COMMUNITY SERVICF3 COMMUNITY SERVICES BtDCK GRANT 95 Stat. sti.
For carrying out the Community Services Block Grant Act, 42 USC 9901
$360,500,00d, of which $18,840,000 shall be for carrying out section Nat. sta 681(a W2X A), $3,840,000 shall be for carrying out section 681(ak2MD),
42 Usc 991o.
$2,880,000 shall be for carrying out section GSl(ak2nD and
$5,760,000 shall be for carrying out section 681(ak2xF): Murided, That the Secretary of IIcalth and Iluman Services may waive the rauirements of section 138 of Public Law 97-276, relating to con-tinuing sppropriations for fiscal year 1983, for any State applying for such a waiver if-(1) the State had, prior to October 1,1982, submitted an application for fiscal year 1983 under the Community Services Block Grant Act, containing provisions for the use of assistance under that Act by political subdivisions; and (2) the chief executive officer of the State certifies that, in at least 45 percent of the counties of the State, services assisted under the Community Services Block Grant Act were not avail-able in fiscal year 1982 (other than a State for which the
. tribution of funds within the State for such fiscal year was contested by more than one eligible entity).
DEPARTMENTAL MANAGEMENT GENERAL DEPARTMENTAL MANAGEMENT For expenses not otherwise provided, which are necesrory for general departmental management, including hire of six medium sedans, $1.38,143,000, together with not to exceed $8,000,000 to be transferred and expended as authorized by section 20lfgMI) of the 42 Usc 401.
Social Security Act from any one or all of the trust funds referred to therein.
I
PUBLIC LAW 97-377-DEC. 21,1982 96 STAT.1893 OFFICE OF THE INSPECTOR GENERAL For expenses necessary for the Office of the Inspector Gueral,
$44,921,000, together with not to exceed $6,000.000 to be transferred and expended as authorized by section 201(gx1) of the Social Secu-rity Act from any one or all of the trust funds referred to therein. 42 Use 401.
Por making payments to States for medicaid State fraud control units under section 1903taK6) of the Social Security Act for fiscal 42 Use 1:txb.
year 1983, $36,346,000.
For making, after May 31 of the current fiscal year, payments to States under section 1903(ak6) of the Social Security Act for the last three months of the current fiscal year for unant:cipated costs, incurred for the current fiscal year, not to exceed $5,000,000, the obligatiens and expenditures to be charged to the subsequent appro-priations therefor.
For making payments to States for medicaid State fraud control units under section 1903(aK6) of the Social Security Act for the first quarter of fiscal year 1984, $10,000,000 to remain available until expended.
orricE suR civrL Rict Ts For expenses necessary for the Office for Civil Rights, $19,163,000, together with not to exceed $2,350,000, to be transferred and r
expended as authorized by section 201(gn1) of the Social Security L
Act from any one or all of the trust funds referred to therein.
POLICY RESEARCit u
For carrying out, to the extent not otherwise provided, research
--r studies under section 1110 of the Social Security Act, $14,718,000: 42 Usc 1310.
?
Provided. That not less than $1,500,000 shall be obligated to contin-ue research on poverty conducted by the Institute f'or Research on Poverty.
GENERAL PRovtsroNs k
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 E
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, cr the rates of pay of said officers or employees.
SEc. 202. None of the funds provided herein shall be used to pay g
any recipient of a grant for the conduct of research an amount equal 4
to as much as the entire cost of such research.
Sec. 203. Appropriations in this Act for the Ilealth Services E
Administration, the National Institutes of IIealth, the Centers for E
Disease Control, the Alcohol, Drug Abuse, and Mental llealth E
Administration, the Ilealth Resources Administration, the Oflice of the Assistant Secretary for llealth, the Ilealth Care Financing
=
E Administration, and Departmental Management shall be available for expenses for active commissioned officers in the Public Ilealth E--
Service Reserve Corps and for not to exceed two thousand eight g
hundred commissioned officers in the Regular Corps; expenses inci-E-
11-139 0 1 (4241
B PUBLIC LAW 97-377-DEC. 21,1982 96 STAT.1894 f
er dent to the dissemination of health information in foreign countries through exhibits and other appropriate means; advances of funds for E
compensation, trasel, and subsistence expenses (or per diem in lieu i
thereon for persons ceming from abroad to participate in health or scientine activities of the Department pursuant to law; expenses of
=
primary and secondary schooling of de ndents in foreign countries, of Public IIcalth Service commission ofncers stationed in foreign countries, at costs far any given area not in excess of those of the P
Department of Defense for the same area, when it is determined by the Secretary that the schools available in the locality are unable to r
provide adequately for the education of such dependents. and for the transportation of such iependents, between such schools and their places of residence wh t the schools are not accessible to such dependents by regular m, - e tr nsportation; expenses for medi.
r cal care for civilian and comminonal employees of the Public llealth 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 n
nye years), and provision of heat, fuel, and light and maintenance, O
improvement, and repair of such quarters, and advance payments therefor, for civilian officers, and employees of the Pubhc Ilealth Service who are United States citizens and who have a permanent V
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 *ime pursuant to section 207(D or section 207tg) of the g
42 Usc 218.
Public Ilealth Service Act, at rates established by the Assistant Secretary for llealth, or the Secretary where such action is required n.
a by statute, not to exceed the per diem rate equivalent to the rate for 5 Usc su2 note.
GS-18, not to exceed $9,500 for ofGcial reception and representation expenses related to any health agency of the Department when specincally approved by the Assistant Secretary for llealth.
Sec. 204. None of the funds provided by this Act shall be used to perform abortions except where the life of the mother would be g
1 endangered if the fetus were carried to term: Pmeided, hourtre, R
That the several States are and shall remain free not to fund
{
abortions to the extent that they in their sole discretion deem appropriate.
=
Sec. 205. Funds advanced to the National Institutes of Ilealth Management Fund from appropriations in this Act shall be r
available for the expenses of sharing medical care facilities and p
resources pursuant to section 327(a) of the Public Ilealth Service 42 Usc 254 Act.
SEc. 206. Funds appropriated in this title for the Social Security Administration and the Ofnce of Child Support Enforcement shall E-be available for not to exceed $5,000 for official reception and representation expenses related to income maintenance or child support enforcement activities of the Department when specifically approved by the Commissioner of Social Security.
-I SEc. 207. Funds appropriated in this title for the llealth Care E-Financing Administration shall be available for not to exceed $2,000 for ofGcial reception and representation expenses when specincally L
approved by the Administrator of the llealth Care financing Administration.
Short title.
This title may be cited as the " Department of IIcalth and lluman Services Appropriation Act,1983"
-E
=
maii m.
ami
PUBLIC LAW 97-377-DEC. 21,1982 96 STAT.1895 TITLE III-DEPARTMENT OF EDUCATION twpartment or Education COMrENSATORY EDUCATION IT)R TifE DISADVANTAGED ct !
For carrying out chapter 1 of the Education Consolidation and Improvement Act of 1981, $3.160,394,000 to become available on July 95 stat. 4r4.
1,1983, and remain available until September 30, 1984: N eided, 42 Usc amt.
That no funds shall be used for the purposes of section SM(ax1xB),
$4,746,000 shall be available for purposes of section 55~Ad),
$255,744,000 shall be available for the purposes of section SM(ax2XA), $146,520,000 shall be available for purposes of section SM(a x2xB), and $32,616,000 shall be available for purposes of section 5Mtat2xC).
For carrying out secion 418 of the fligher Education Act,
$7,500,000.
SPECIAL PROGRAMS For carrying out the consolidated programs and projects author-ized under chapter 2 of the Education Consolidation and Improve-ment Act of 1981; title IX, part C of the Elementary and Secondary 95 8 tat. 4c9.
Education Act; title IV of the Civil Rights Act of 1964: the Follow zo use axit Through Act; sections 1524 and 1525 of the Education Amendments NN$~
of 1978; and Public Law 92-506, $534,500,000: Neided That 93 stat rm
$450,655,000 to carry out the State block grant program authorized 42 Usc 9%i under chapter 2 of the Education Consolidation and Improvement 92 stat. 2379
- ' S*** ""7 -
Act shall become available for obligation on July 1,1983, and shall remain availa'. ale until September 30, 1984: Neided further. That
$28,765,000 for the purpose of subchapter D of the Education Con-solidation and Improvement Act shall become available for obliga-95 stat. 476.
tion on October 1,1982: Neided further, That $3,000,000 of the 20 Use 3351.
amount appropriated above shall be for the purpose of Public 1.aw 92-506 of which $1,500,000 shall become available on July 1,1983, and shall remain available until September 30,1984.
BILINGUAI, EDUCATION For carrying out, to the extent not otherwise provided, title VII of the Elementary and Secondary Education Act and part B, subpart 3 20 Usc mb.
of the Vocational Education Act, as amended, $138,057,000, of which 20 Usc 2411.
$3,686,000 for part B, subpart 3 of the Vocational Education Act shall become available on July 1,1983, an 1 shall remain available until September 30, 1984: Neided, That $2,100,000 of the funds appro riated by title III of this bill shall l'e used for sect:an 751 of title 11 of the Elementary and Se ondary Uducation Act.
20 Usc 3261.
SClf00L ASSISTANCE IN FEDERAtl.Y AFFECTED AREAS For carrying out title I of the Act of September 30,1950, as amended (20 U.S.C., ch.13), $455,000,000, of which $445,000,000 shall 20 Use :rt et be for entitlements under sections 2 and 3 and $10,000,000 shall be "I
2" U E 237 D for payments under section 7 of said Act: Neided, That payment to 20 Um 2414 any local educational agency with respect to entitlements under section 3(a) shall be 90 per centum of the amount of such payment for the fiscal year 1981 unless such agency is determined ehgible for payment under section 3(dx2xB), except that payment to any local educational agency with respect to entitlements under section 34a) shall be 95 per centum of the amount of such payment for fiscal year
96 STAT 1896 PUBLIC IAW 97-377-DEC,21,1982 1981 for any such agency in which the number of children determined 20 Usc 238.
under such section 3(a)is at least 20 per centum of the total number of children who are in average daily attendance at the schools of such agency; and payment to any local educational agency with respect to entitlements under section kb) shall not exceed the j
amount of such payment for the fiscal year 1982 unk sa such agency is determined ebgible for payment under section 3'dt2 hilt Neidal further That notwithstanding the payment provisions stated herein, the Secretary is authorized to determine and make payment of a fair and equitable amount with regard to an otherwiw eligible local educational agency which was not eligible in the fiscal years 1981 or 1982-Pmeided further. That the aggregate amount for payments of entitlements calculated under section 3(dn2 kill shall not excent
$15,000,000: Neidal further, That no payments shall be made under section 3 of said Act to any kical educational agency whose payment under that section fails to exceed $5,00th Nridal further, to USC 241-1.
That no payments shall be made v.nder section 7 of said Act to any local educational agency whose need for assistance under that we-20 USC 240.
tion fails to exceed the lesser of $10,000 or 5 per centum of the district's current operating expenditures during the fiscal year prt~
{
ceding the one in which the disaster occurred: Neidal further, That in addition to the $10,000,000 appropriated in the foregoing, there is hereby appropriated $5,000,000 for section 2 for the purpos.e of paying entitlements, including the payment of entitlements under this section for the Douglas School District in the State of South Dakota impacted as a result of Ellsworth Air Force Base r
which shall be made at 100 per centum of the amount to which such school district is entitled under section 2.
For carrying out the Act of September 23,19T4, as amended 120 20 Usc s31,8 U.S C., ch. 19), $20,000,000 which shall remain available until expended, shall be for providing school facilities as authorimi by "Y
said Act: Neided. That with the exception of up to $8,500,000 for 20 Usc sto,644.
section 10 and up to $8,500,000 for section 14 ta) and tb), none of the funds contained herein for providing school facilities shall be availa-i f
ble to pay for any other section of the Act of September 23, 1974, until payment has been made of 100 per centum of the amounts l
payable under sections 5 and 14(c).
EDUCATION FOR Tile llANDICAPPED 20 Usc 1401 For carrying out the Education of the llandicapped Act,
$1,110,252,000, of which $970,000,000 for section 611 and $25,000,000 "d*
20 Usc 1411, for section 619 shall become available for obligation on July 1,1983, 1419.
and shall remain available until September 30,1984.
RFH AHitlTATioN SERVICES AND llANDICAPPFD RESICARell For carrying out, to the extent not otherwise provided, the Reha.
29 Usc 70t note.
bilitation Act of 1973, as amended, and the it ternational llealth 22 Usc 2101 Ilesearch Act of 1960, $1,036,727,000, of which 4939,7fel.158 shall be for allotments under section 10(hbul), $1,146.812 sh ill be for activi-l not2 ties under section 110ibx31, and $650,000 shall be made available to 29 USC 720,730 the Navajo Tribal Council for activities under section 130: Neidal, m
That of the amount appropriated for centers for independent living 29 Usc Twe.
under part B of title Vil of the llehabilitation Act of 1973, such amounts as are newssary shall be available for fiscal year 1983 to fund all such centers which received assistance under such part in
PUBLIC LAW 97-377-DEC. 21,1982 9ti STAT,1897 liscal year 1981 at the level of assistance made to each such center in fiscal year 1981: IWeidal further, That of the amount appropri-ated and available for projects with industry under section 621 of the Rehabilitation Act of 1973, such amounts as are nessary shall 29 USC 79N be available for fiscal year 1983 to fund all such projects which received assistance under such part in fiscal year 1981 at the level of assistance made to each such project in fiscal year 1981.
VOCATION AL AND ADULT EDt*CATtoN For carrying out, to the extent not otherwise provided, the Voca-tional Education Act, and the Adult Education Act, $s16,9K),000
- 3) USC 1241 which shall become available for obligation on July 1,1983, and noie, teol noic shall remain available until September 30, 1984, except that
$7,678,000 for part B, subpart 2 of the Vocational Falucation Act 3) USC 2401 shall become available for obligation on July 1,1983, and shall remain available until expended: Ihcidal. That $6,500.000 for State advisory councils under section 10 2 of the Vocational Education Act 2nUSC2301 shall be used to provide to each State, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, Trust Territory of the Pacific Islands, and Northern Mariana Islands an amount equal to the amount it received in the previous fiscal year:
I%cided further, That not to exceed $99,590,000 shall be for carry-ing out part A, subpart 3, of the Vocational Fducation Act: Procaddl zu esc uro further. That $2,283,100 shall be made available for the National Occupational Information Coordinating Committee.
STUDENT FIN ANCIAI. ASSISTANCE for carrying out subparts 1,2, and 3 of p rt A, and parts C and E of title IV of the liigher Education Act, v,567,M)o,(KM which shall 2" l'sC 1"y~ua.
[,$".t.1"[
'2 remain available until September 30,1981 Ihcided. That amounts t
appropriated for Pell Grants shall b(
i.lable first to meet any t%:iW insufliciencies in entitlements resulting f rom the payment schedule for Pell Grants published by the Secretary of Education for the 1982-1953 academic vear: Ihcided further, 'fhat pursuant to section 411(bm1N A) of the fligher Education Act, amounts appropriated 2" t R' lca herein for Pell Grants which exceed the amounts required to meet the payments schedule published for any fiscal year by 15 per centum or less shall be carried forward and merged with amounts appropriated for the next fiscal year: 1% cidal further, That the 20 USC t o a maximum grant a student may receive in the 1983-1984 academic "*
vear shall be $1,H)0 notwithstanding section 411(au2x Aniullll of the liigher Education Act: /%cided further That notwithstanding any 20l x'!"7"a other provision oflaw, such sums ar may be necessary not to exceed
$30,000,000 of the amount appropriated by Public 1.aw 97-257 for A* p al*
Pell Grants shall be available for the purpose of restoring eligibility for Pell Grants to individuals adversely af fected by the mexlification, pursuant to paragraphs (1) and (5) of section 128 of Public I,aw 97-92, of the family contribution schedule with respect to the treat. m siat l ui.
ment of payments under title 38 United States Code, to such individuals. For the purposes of determining eligibility and amount of Pell Grant awards under this wetion, or.ly one-third of the benefits received under such title 38 shall be considered as sudent financial assistance. The Secretary of Education shall take such steps as may be necmsary to notify such individuals of restored eligibility and to make appropriate allocations of the reserved num:
.. ~
96 STAT.1898 PUBLIC LAW 97-377-DEC. 21,1989 Neided further That notwithstanding any other provision of this Act, any other Act, or section 415B of the liigher FAucation Act of 20 USC 10h-1965, the Secretary shall apportion the sums appropriated pursuant to sec' Ion 415A of the Higher Fducation Act of 1965 for the fiscal year 1983 among the States so that each State's apportionment bears the same ratio to the total amount appropriated as that State's apportionment in the fiscal year 1982 bears to the total amount appropriated pursuant to section 415A for that fiscal year.
GUARANTEED STUDENT (DANS For necessary expenses under title IV, part B of the liigher 20 USC 1071-Education Act, $3,100,500,000, to remain available until expended.
litGilER AND CONTINUING EDUCATION For carrying out titles 111; VI, parts A and B, Vill; IX, parts B, D and E; title X; and sections 417,420, and 731 of the liigher FAuca-20 Usc 1031 tion Act;section 406Af2)of the General Education Provisions Act (20 1:21.1131.1133 U.S C.1221e-lb(2)); section 103bn6) of the Mutual Fducational and
!!$dl$
Cultural Exchange Act of 1961; title XIll, part 11, subparts I and 2 of i
low-1, the Education Amendments of 1980; II.R. 3598 as passed the llouse 113 S 3 on November 4,1981; and title V, section 528(5) of the Omnibus 3M E, Budget Reconciliation Act of 1981, without regard to section 513b) tre of the Omnibus Budget Reconciliation Act of 1981, $385,525,000:
9 mat 'M Neided, That funds made available in Public Law 96 536, section E 3$)
110 for the Wayne Morse Chair of Law and Politics shall remain 4
94 stat. 3tio available for obligation until September 30, 1985: Neided further.
That $2,000,000 shall be available until expended for the Carl Albert Congressional Research and Studies Center: Neided further, That
$25,000,000 made available for interest subsidy grants under section 20 Usc i13S3.
734 of the liigher Education Act shall remain available until expended: Needed further That sections 923bk2) and 923en2) and the funding limitations set forth in section 923e) of the liigher 20 use it34c.
Education Act shall not apply to funds in this Act.
It!GilER EDUCATloN FACILITIES (DANs AND INSURANCE For the payment of principal and interest on participation certifi-cates as authorized by the Department of Ilealth, Education, and Welfare Appropriation Act,1968, issued by the Government Nation-al Mortgage Association as trustee on the behalf of the Department of Education pursuant to the Federal National Mortgage Associ-ation Act (12 US.C.1717(c)), and for the payment of interest expenses to the ikpartment of the Treasury as required by title VII, 20 Usc 11342-section 73:kbx2) of the liigher Education Act, $20,143,000 to remain available until expended. 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 101 of the Government Corporation Control Act (31 U.S C.
849) as may be necessary in carrying out the program set forth in the budget for the current fiscal year. During fiscal year 1983, no new commitments for loans may be made from this account.
PUBLIC LAW 97-377-DEC. 21,1982 96 STAT.1899 COLLEGE flOUSING IDANS The aggregate amount of commitments for loans made from the fund established pursuant to title IV of the llousing Act of 1950, as amended (12 U.S.C.1749), for the fiscal year 1983 shall not exceed the total of loan repayments and other income available during such period, less operating costs. Payments of insufficiencies in fiscal year 1983 as may be required by the Government National Mortgage Association, as trustee, on account of outstanding beneficial inter-ests or participations issued pursuant to section 303c) of the Federal N1tional Mortgage Association Charter Act, as amended (12 U.S.C.
1717) shall be made from the fund established pursuant to title IV of the flousing Act of 1950, as amended (12 U.S C.1749) using loan 2
repayments and other income available during fiscal year 1983.
During fiscal year 1983 and within the resources and authority c.vritable, gross commitments for the principal amount of direct loans shall be $40,000,000.
EDUCATIONAL RESEARCH AND STATISTICS For necessary expenses for education statistics activities and for research and development, to carry out sections 405 and 406 of the Gen:ral Education Provisions Act, $64,203.000.
gyl'$ 1221e.
EDUCATIONAI, RESEARCH AND TRAINING ACTIVITIES OVER5EAS (SPECIAL FOREIGN CURRENCY PROGRAM)
For payments in foreign currencies which the Treasury Depart-ment determines to be in excess of the normal requirements of the United States, for necessary expenses of the Department of Educa-tion, as authorized by law, $516,000, to remain available until cxpended.
LIBRARIES For carrying out, to the extent not otherwise provided, titles I and III of the Library Services and Construction Act (20 U.S C., ch.16); 20 USC E2 title 11, part A, part B except section 224, and part C of the liigher
- " " I "Y Education Act, notwithstanding the provisions of section 221, 20 USC 1022.
$80,320,000, f,Q I"38 1041-SpoctAL INSTITUTIONS AMERICAN PRINTING lloUSE FOR Tile BLIND For carrying out the Act of March 3,1879, as amended (20 U.S.C.
101-105), $5,000,004..
NATION AL TECllNICAL INSTI1UTE FOR Tile DEAF For carrying out the National Technical Institute for the Deaf Act (20 U.S.C. 681 et seg ), $26,300,000.
GA!1Al'DET COLLEGE For carrying out the Model Secondary School for the Deaf Act (ho Stat.1027) and for the partial support of Gallaudet College author-ized by the Act of June 18,1954 (68 Stat. 265), $52,000,000.
g L
96 STAT.1900 PUBLIC LAW 97-377-DEC. 21,1982 M
E-HoWARD UNIVERSITY For partial support of IIcward University, $14.5,200,000. If request-m ed by the university. construction financed by prior year appropri-IT ations to this account shall be supervised by the General Services Administration 4r Omcs roR Civit RiGnTs L
sm 6
SALARIES AND EXPENSFS E
For expenses necessary for the Office for Civil Rights, as author-tzed by section 203 of the Department of FAucation Organization Act, $44,868,000.
DEPARTMENTAL M ANAGEMENT SALARIES AND EXPENSES r
e For carrying out, to the extent not otherwise provided, the Depart-ment of Education Organization Act, including rental of conference
~
rooms in the District of Columbia and hire of three medium sedans, g
$222,000,000. During the current fiscal year up to $10,T,00,000 from collections of federally insured defaulted loans may be transferred to this account for payment of telated collection activities.
b
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omcE oF THE INSPECroR GENERAL For expenses necessary for the Office of the inspector General, as authorized by section 212 of the Department of Fducation Organiza-20 USC 340L tion Act, $12,840,000.
GENERAL PRoVIStoNS i
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 cost of operation of said agencies, including the salaries and expenses of e
officers and employees of said agencies, shall be withheld from the F
7 said agencies of any State which have established by legislative enactment and have in operation a merit system and classification f
and compensation plan covering the selection, tenure in office, and compensation of their employees, because of any disapproval of their E
personnel or the manner of their selection by the agencies of the said States, or the rates of pay of said oflicers or employees.
t r
i SEc. 302. Funds appropriated in this Act to the American Printing k
Ilouse for the Blind, lloward Umversity, the National Technical Institute for the Deaf, and Gallaudet College shall be subject to audit by the Secretary of Fducation.
a Src. 303. None of the funds provided herein shall be used to pay any recipient of a grant for the conduct of research an amount equal to as much as the entire cost of such research.
Soc. 304. 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 1961, Public 1.aw l
42 USC odat 88-3722, to take any action to force the busing of students; to force on account of race, creed or color the abohshment of any school so I_
desegregated; or to force the transfer or assignment of any student
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attending any elementary or secondary school so det.cgregated to or
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KE E
PUBLIC LAW 97-377-DEC. 21,1982 96 STAT.1901 from a particular school over the protest of his or her parents or parent.
SEc. 305. (a) No part of the funds contained in this title shall be Schm! busing 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 42 Use m require the abolishment of any school so desegregated; or to force on account of raco, 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 trans-f portation of students or teachers (or for the purchase of equipment nor such transportation) in order to overcome racial imbalance in any school or school system, or for the transportation of students or 2
teachers (or for the purchase of equipment for such transportation) in order to carry out a plan of racial desegregation (f any school or school system.
SEc. 306. 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 comp!y with title VI of the Civil Rights Act of 1964. For the purpose of this section an i
indirect requirement of transportation of students includes the transportation of students to carry out a plan involving the reorga-nization of the grade structure of schools, the pairing of schools, or the clustering of schools, or any combination of grade restructuring, pairing or clustering. The prohibition described in this section does not include the establishment of magnet schools.
SEc. 307 No funds appropriated under this Act may be used to voluntary prevent the implementation of programs of voluntary prayer and " h""I Pra F med.tation in the public schools.
This title may be cited as the " Department of Education Appropri. short titi, ation Act,1983^.
5 TITLE IV-RELATED AGENCIES e
i ACTION OPERATING EXPENSES i
2 For expenses necessary for Action to carry out the provisions of the Domestic Volunteer Service Act of 1973, $129,321,000, of which 42Usc4%1
$11,831,000 shall be available to carry out title 1, part A of said Act:
nde
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d Proeided. That none of the funds appropriated under this heading 42 USC 4"3-as may be used to close State field offices of the Action agency or to reduce the number of personnel engaged in operating State field
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offices of the Action agency.
E CORPORATION FOR PUBIJC URoADCASTING ik 3
PUBLIC BROADCASTING FUND
==
For payment to the Corporation for Public Broadcasting, as 4
authorized by the Public Broadcasting Amendments Act of 1981, an % st.it 75
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amount which shall be available within limitations specified by said 87 USC ** note g
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96 STAT.1902 PUBLIC LAW 97-377-DEC. 21,1982 Act, for the fiscal year 19S5, $130,000,000: hvided. That no funds made available to the Corporation for Public Broadcasting by this Act shall be used to pay for receptions, parties and similar forms of entertainment for government officials or employees Neided fur-ther. That none of the funds contained in this paragraph shall be available or used to aid or support any program or activity exclud-ing from participation in, denying the benefits of, or discriminating against any person on the basis of race, color, national origin, religion or sex.
FEDERAL MED:AT1oN AND CONCIWATION SERVICE SALARIES AND EXrENSES For expenses necessary for the Federal Mediation and Corcilia-tion Service to carry out the functions vested in it by )the labor-Management Relations Act, 1947 (29 U.S.C.171-180, Ib2, including expenses of the Labor Management Panel and boards of inquiry appoints i by the President, hire of passenger motor vehicles, and rental of conference wms in the District of Columbia; and for 88 stat. 391 expenses necessary puisuant to Public Law 93-360 for mandatory mediation in health care industry negotiation disputes and for convening factfinding boards of inquiry appointed by the Director in the health care industry; and for expenses necessary for the Imbor-29 USc 141 note. Management Cooperation Act of 1978 (29 U.S.C.125ah 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.
Ie s Usc 7101 et Chapter 71), $21,321,000.
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FEDERAt. MINE SAFETY AND IIEALTit REVIEW COMMISSloN SALARIES AND EXPENSr3 For expenses necessary for the Federal Mine Safety and IIcalth Review commission, $3,636,000.
NATIONAL Commission on LIBRAR!FS AND INFORMAT1oM SCIENCE sat. ARIES AND EXrENsF3 For necessary expenses of the National Commission on Libraries ar.d Information Science, established by the Act of July 20, 1970 J
20 Usc 1501 (Public Law 91-345), $674,000.
I note.
NATION AL COMMISSION oN STUDENT FINANCIAt. ASSISTANCE For necessary expenses to carry out section 491 of the fligher 20 Usc 1091.
Education Act, $840,000.
NATIONAL LABOR RELAT1oNS BOARD SALARIFE AND EXPENSES For expenses necessary for the National Labor Relations Ikuird to carry out the functions vested in it by the Imbor. Management Relations Act,1947, as amended (29 U.S d.141-167), and other laws,
$124,045,000: Acided. That no part of this appropriation shall be available to organize or assist in organizing ngricultural laborers or l
j
PUBLIC LAW 97-377-DEC. 21,1982 96 STAT.1903 used in connection with investigations, hearings, directives, or orders concerning bargaining t. nits 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 31anagement Relatians Act, 1947, as amended, and as defined in section 3(D 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, reser-voirs, and waterways when maintoined or operated on a mutual, nonprofit basis and at least 95 per centum of the water stored or supplied thereby is used for farmmg purposes.
NATIONAL hlEDI ATION ROARD p
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, $5,468,000.
OCCUPATIONAL SAFETY AND IIEALT!! Review CouurssrON SALARIES AND EXPENSES For exyenses necessary for the Owupational Safety and llea th Revi;w commission, $6,316,000.
RAILROAD Ill.TIREMENT DOARD DUAL BENEFITS l'AYMENTS ACCOUNT For payment to the Dual Bemfits Payments Account, authorized under section 15(d) of the Railroad Retirement Act of 1974, 45 tv sin
$430,000,000, which shall be credited to the account in 12 approxi.
mately equal amounts on the first day of each month in the fiscal year.
LIMITATION ON ADMINISTRATION Fcr expenses necessary for the Railroad Retirement Board,
$46,361,000 to be derived from the railroad retirement accounts:
Procided, That such portion of the foregoing amount as may be necessary shall be available for the payment of personnel compensa-tion cnd benefits for not less than 1,162 full time-eguivalent employ-ees: Provided further, That $500,000 of the foregomg amount shall be tvailable only to the extent necessary to process workloads not anticipated in the budget estimates and after maximum absorption of the costs of such workloads within the remainder of the existing limitation has been achieved: Provided further, That notwithstand-ing cny of her provisions in law, no portion of this limitation shall be cynilable for payments of standard level user charges pursuant to section 2100) of the Federal Property and Administrative Services Act of 1949, as amended (40 U S C. 4900F, 45 U.S C. 228 a-r). For further expenses necessary for the Railroad Retirement Board, fur administration of the Railroad Unemployment Insurance Act, not less than $16,644,000 shall be apportioned for fiscal year 1983 pursu-cnt to section 3679 of the Revised Statutes, as amended (31 U.S.C.
665) from moneys credited to the railroad unemployment insurance administration fund: Protzded, That such portion of the foregoing
96 STAT.1904 PUBLIC LAW 97-377-DEC. 21,1982 amount as may be necessary shall be available for the payment of personnel compensation and benefits for not less than 416 full time-equivalent employees.
MILWAUKEE RAlt. ROAD REERIJCTURINO, ADMINISTRATION For administrative expenses authorized by section 1t(c) of the 45 Usc 913.
Milwaukee Railroad Restructuring Act, $250,000.
sot.DIERS* AND AIRMEN'8 IIOME OrERATION AND MAINTENANCE For maintenance and operation of the United States Soldiers' and Airmen's llome, to be paid from the Soldiers' and Airmen's llome permanent fund, $26,718,000; Provided. That this appropriation shall not be available for the payment of hospitalization of members of the llome in Ur.ited 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.
TITLE V-GENERAL PROVISIONS SEc. 501. The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where such expendi-tures are a matter of public record and available for public inspec.
tion, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law.
SEc. 502. No part of any appropriation contained in this Act shall J
be expended by any 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.
t Expe"* and SEC. 503. Appropriations contained in this Act, available for sala-
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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 5 USC Sa32 note.
rate equivalent to the rate for GS-18.
Uniforms or SEc. 504. Appropriations contained in this Act, available for sala-ollowma ries and expenses, shall be available for uniforms or allowances therefor as authorized by law (5 U.S C. 5901-5902).
f Sfectings.
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 improved conduct, supervision, or management of those functions or activities.
Ibnds to campus SEC. 506. No part of the funds appropriated under this Act shall be used to provid3 a loan, guarantee of a loan, a grant, the salary of or daru rs, any remunerl. tion whatever to any individual applying for admis-proh ition.
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 for the assistance to otners 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
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5
I PUBLIC LAW 97-377-DEC. 21,198:'
96 STAT.1905 the faculty, administrative omcials, or students in such institution from engaging in their duties or pursuing their studies at such institution.
Soc. 507. The Secretaries of Labor, Education, and llealth and Tran*fer of Iluman Services are authorized to transfer unexpended balances of runds prior appropriations to accounts corresponding to current appropri-r ations provided it. this Act: Provided. That such transferred hal-ances are used for the same purpose, and for the same periods of time, for which they were origmally appropriated.
SEc. 508. No part of any appropriation contained in this Act shall N atyear remain available for obligation beyond the current fiscal year unless hnutatwn" expressly so provided herein.
Soc. 509. So pa-t of any appropriation contained in this Act shall be used, other than for normal and recognized executive-hgislative relationships, for pt.blicity or propaganda purposes, for the prepara-tion, dtstrioution, 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.
u No part of any appropriation contained in tFis Act shall be used to pay the salary or expenses of any grant o contract recipient, or i
agent acting for such recipient, related to any activity designed to
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influence legislation or appropriations pending before the Congress.
Src. 510. The Secretaries of labor, Education, and llealth ar.d
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lluman Services are each authorized to make available not to exceed $7,500 from funds available for salaries and expenses under titles I, !!, and III, respectively, for omeial reception and represer.ta.
-^
tion expenses; the Director of the Federal 5fediation and Concilia-tion Service is authorized to make available for official reception and representation expenses not to exceed $2,500 from funds availa-
_r ble for " Salaries and expenses, Federal 5fediation and Conciliation Service"; and the Chairman of the National 51ediation floard is authorized to make available for omcial reception and rep' Salaries rennta-
[-
tion expenses not to exceed $2,500 from funds available for and expenses, National 5fediation 11oard".
Src. 511. None of the funds appropriated by :his Act shall be used llurnan to pay for any research progrem or project or any program, project, P""*d '""
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or course which is of an experimental nature, ;r any other activity involving human participants, which is determ aed by the Saretary or a court of competent jurisdiction to present a danger to the
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physical, mental, or emotional well-being of a participant or subject of such program, project, or course, without the written, informed a
consent of each participant or subject, or a participant's parents or a
hyal guardian, if such participant or subject is under eighteen years of age. The Secretary shall eJept appropriate regulations respecting P
this section.
Soc. 512. Section lo t of Public law 97-276 in deemed to charge no Aare,p 190 amount 99propriated by section 132,131,137,141, or 142 of that Aare. pp 1197, joint resolution to any appropriation, fund, or authorization con-11 *
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tained in this or any other measure whenever enacted.
This Act may be cited as the " Departments of labor, Ilealth and Short title p
Iluman Services, and Education and Itclated Agencies Appropri.
C ation Act,19x3' (2s Such amounts as may be necessary for carrying out the following ac*ivities, not otherwise provided for, at the current rate:
health planning activities authorized by the Public Ilealth g
Service Act: Pronded. That, notwithstanding section 102 of this u tot note E
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96 STAT. IM PUBLR' l.AW 97477-DEC 21.1982 e-joint resolution, no pt nalty shall be applied nor any State or Nt. p 1909 agency agreement terminate pursuant to se etions 1512.1515 or
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42 tw woi 1521 of the Pubhc Ilealth wen,ce Act during fiscal year 19NI.
Mul4 *"m activities under the Compri nen ne Emphn ment and Train S tW "4 nd'-
ing Act as authorired by wctmn 151 of the Job Trainmg Part-
- t< p iu nershio Act, l'ubhc 1.aw iC StH'. sections 234 2.C. and 23* of the u
fl.T.f Trade ~ Act of ItC 1. a3 a me nded. we t im
~.1 of th.
Inter nal 3 g,,
Re senue Code of 195 8. as amended, and witions 210 211 and 212 of Pubhc law 95 2M. ar J
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actaities under the [kpartment of labor. Em;J s meia at T
Trammg Adnunistration. for Program Admimst r.
on L
@ Notwithstandmg ans other provi-ion of t his Jon.. re olutoo.
neither the rest riction contamed in the pros iso under t he headmg MLTl'P ATioN AL S A FTT) A N D Il> Ai TH A nNtiNiwTH A TDIN sal APits ann mrssri m Puhhc law tC JZ oo; Stat
- t t' nor ans sinular or com pa rable provisien of ans ot he r la w shall apply or h.n e ans contmumg effect durmg ti: al year 19*3 or any succe-ding fiscal 7
year f' Such amounts as mas be n ece.sa r y f or cont m u mg act n tt ies w hich were conducted m fiw al year 1 %2. f or w hic h prm i% ion w a-made n the Energy and Water ihnelopment Act. 19 = 2. at the
,t current rate of operat ion.
Proe aded. That no funds under t in-headmg shall be uwd for f urther study or con truction or m any U
f ashion for a federally funded w aterway w hich extends the Tennes we Tombigbee projes t wuth from the city of llemopohs. Alabama appropriation f und or aut horit s made
/b n/cd / ortner That no as ailable bs this jo m t resolution or any,ther Act may be u ed w
directly or indire< tly to sig n ifica n t l s alter m od i f ). dismantle or 3
ot herw ise change tne normal operation and mamtenance respured for any c a d w or k:- p roject under I k pa r t me n t
<>f
()e f en %e ( 'a il, lkpa rt men t of t he A r ms. ('orp* of Engineers ('is il. ()perat o:n a nd N1aintenance. (ieneral. and t he operat n >n and m.untenance at tni ties funded in Fhiod ('on t rol. N1issmsippi Rner and Tributarms 7
Pror nted further. That of *m h amiiunt $ 1 'H Hi.o* Hi hall be :n ailable only to prmide for a wider n.n igation opemng at the Frank hn Ferrs liridge. JefTerson Count y, Alabama Prov ided f o r ther That no
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appropriation or f und made asadable or authorit s granted pursuant to t his paragraph shall be used to outiate or resume arn pr oje< t or g
act mty for w hn h appropriation.. f und, or ot her aut horit y were not as adable durmg the fiscal svar 19-2 w it hout prior apprm al of the
('om nut tees on A ppropriat ions Prm n/cd fo rther That [kpar ment e
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of Energs. Atomic Encres Iktenw Act n ities dall be funded at not to exceed an annual rate for new obh ga t ion al aut horit y of O D H! 000 em. of w h o h not more t han $ LCDH Hi'HHi hall be as ad a ble f o r operat m g e x pe n,es and not more t ha n 11.<2
.lH Hl.lH H1 sh3ll be availabie f or plant and ( apital e<papment except t hat no funds shall tw as ailable for Propwt *2 I) In9 Pro, oled /urther That no appropriation. fund or aut horu s made av ailab;e to t he i kp.u t me n t of Energy by thi Jomt resolution or an s ot her At t.
hall be uwd for E-any action w hn h w ould result in a signif n ant red m t u m of the em phiy men t le s els f < er a n y preig r a m < >r at t a s it s be lv >w Ihe einplov ment les e.l* in ef f ect on Septe m be r.UI l'ia /
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DFPARTMENT OF 110t SING AND l'RluN DEVEl.OPMENT r
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ANNt At t 'o N Tk I H t 'T li i N s Fl >H Assist r u niit t N G L'.
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The amount of contrait3 f or annual cont ribution-not ot herw re s
pros nied for. as aut horuni bs ect u m, of t he l' rutni St at es f lo w ng
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J Act. IN7 as amended i 4.' l' S C 14E and heretof ore approsni
-1 is mc rea3ni hs $A!1711.'n
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- 1 in ap, ropriation Actx the t rim ' autnn sy ob h gat ed under uch con t r act.-
whall be 3'
incret -ed atme amount 3 heretofore pros.dni m appropriation i t-C+'
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- hs $ t o '> 1 A ? 39'.*
lb nin/ (z.rther That of t he budget aut hortt s E
r-rosided herem. $M. TuUNH'shall be for assistance m finan m,,: the J,
e des e lopment or acqumtion cow of pubite housmg for Indun f inu 7
he. $1 *3 4 iMM P o shah be for a-st tant e f or proyect des elpi f or
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the elder!3 or handica ppn1 under set t 'on 3 C 4 t the Mm.-mg Act, t c
IW a-amended
- 12 l S U 17a il q. and $1 a lo i n n ' ! H w i ha ! be b.r
,i f the modern tiat ion of mi.-t mg pubhc houung p royn t.-
pu r-u a n t t.
3.-M weetion 18 of the (~nited Sutes llou me i t ot 19 F r amen < led tJ d
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1437l + /% : nin/ V ri,- 'l hat aN budget a ut h 'rit y rn apt <,rd
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I% k. ,( Act w hich are or bn <ime as ailahic h,r i tu ivat oin t ri fi-, al so ir gP' .i -ha u be added t4, and merp~i w it h t he a ut h.>rit s a opri n ed b r o i and uch mergni a mou n t, s h a n be made u be ' <,rd s t o i te r m-ina condit mn of law appio.iMc ti aut hor vat a - beco m m g.n, u ! A. p. 4 r u sea, ~ cm,. ,,,m Th a, 1 n.. $. u r N.&,., t ut horas daer rni ana ma&.n oaw m a-dam e u n m. p,~ m F -o* u nde r t he hea h ng A n mal ('ont ribut o n t >r A - rt ed t h m ng 'g (lapter Vil of the Npph nenta! A pp ropr ut.on-A<t N -V m Pubia law 97 hail be ma le as i,i,a. t er ' he n o.de r n a.e, m i Q g u s amnt unm nabaw num hou.g.. .r - t t _. m m : e, .~9 of t h. U m ted St ates Hou-ae it of a: a-e n 1. d oth. than y . < >f sui h A ct l 'n r n /. < / / urth,r [1 it n,.n e < t t he n ;c r g ed ,s -ci t ' ( m i!' - M a rno o n t - asadable for 'ibhe it o in m n hali he suns t t- 'he [ g( ( pr< 6 'w o m s < > f -ec t u m t - and.s and the f. o r t h enre me <.f ,~M e t o.n - a of t ne 1 % ted ' ate- } { > n v A, '.,f a ? ? a a n.c n ded - 'I s ' 2 k. S t [ I.$IL. 'i nd n I b tr; 11 ',f t h e- }{ -tl irig,trisj ( lit ri rle t j r),t g .r w e. Ib e;.>pment Act <>f a78 a-a rn e r ni,,1 L I'5i
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/s, o f,, / %f 3 1, ~ [urther That w i t h re-pn t t. new ! s. 'r r t r u, .d arol oh-tantuils , x,.m.e E. rehabihratni projn is under us t o n ,f t he t'n tml htates 11.u-mg .A t h e N, o t a r s h a l l n. it u n p.,se bN f,., Act of C a-a n.e nded. d u r me n a pe r< e n t a e or other a r b;t r a r s
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.m the < <.s t arut rent A. j' S mereau, r ~uPing f ron. irn rea ed ,. 6 '- [ < n-tr>ntu,n <,- t -n 3.r ung 1 <a% t he aut hor; s ' 1 a ppros e ost and rent. n. r e a-e, u ' f oth in ,, %p. -.4 ro.r. ..(U m i of sm h,\\, t Pn o n /r./ f u r r 6. r IF e f u r ol-p r.,s,ded m t h i-p, - joint r ev d u t o m or ans ither At sha!i N u wd f < i ado,orter '>r f g implement an s regulat o >r pM o s b r n t o r, > r h a n d b..o k o m t r u < t m o N E conce r n mg mananum total les e,,pn a t ,t-appoaNe t. th. /* ., W. ..r low v. nr h.oo. >w n.rship k pubhc houung Indur houung .,d' grarns not a ef f n t b. f o r e N pt e r n b. r / s, ole,/ / u r t h, e I hat k t he pria velmg pr.61~. ma s be w ais,1 M t he ( <>nin.ttn on A ppr 4, priation af ter t he Ih pa r t men t .,f 11 u.r.c a rol l ' rha n I M. i,pmen t 7. 4,.. -:g 1 4 -A E.x,s' i s k' -P' [e f.'.'(s, tM i'..,' f kF, g i *, i k 4 't r,',, i s,' ' ', ' ',., t
c E 96 STAT.1908 PUBLIC LAW 97-377-DEC. 21,1982 presents to the Appropriations Committees, an analysis of the r impact of the maximum total development cost regufation, pub- ^ lished September 8,1982 in the Federal Register, amending 21 CFR c 801,805 and 841, upon the ability of local public housing authorities to develop the units in the pipeline in a timely fashion. llOL' SING FOR Tite EtEERt.Y OR ltANDICArrED Ft'ND For an additional amount for direct loan obligations for "llousing s g_ for the Elderly or llandicapped Fund" under wetion 202 of the llousing Act of 1959, as amended, (12 UAC.1701 i, $181.200.000: 9 Neufcd, That title I of the Department of Ilousmg and Urban Development-Inde ndent Agencies Appropriations Act, 1983 e Amte. p.1160 (l'ublic Law 97-27 1is amended by striking out the period at the end of the paragraph under the heading "llousing for the Fiderly or llandicapped F und", and inserting in lieu thereof the following: Neuled further. That notwithstanding section 202iaCl> of such Act, 6 loans made in fiscal year 1983 shall bear an interest rate which does a not exceed 9 25 per centum, including the allowance adequate in the liit judgment of the Secretary to cover administrative costs and prob-able losses under the program." E RENT SL'I'PLEMENT i nrsetSSloNi s The limitation otherwise applicable to the maximum payments p that may be required in any discal year by all contracts enteied into under wetion 101 of the llousing and Urban Development Act of 1965 (12 U.S C.1701s), is reduced in Scal year 19WI by not more than $105,160,000 in uncommitted balances of authorizations pro-7, vided for this purpme in appropriation Acts. FEDER AL. Itol' SING AnMINISTRATioN 9 t!ND 2 For an additional amount for commitments to guarantee laans to carry out the purpows of the National liousing Act, as amended. $6,100,000,000: Neided. That wetion 207 ten 31, the wcond provim of wetion 21:kbm2), wction 220rdu3milmiiii, wetion 221'dm3tio, wetion = 221(dd4Niil, section 231(cm2) and section 230em31 of the National L 12 Use 1:13 Ilousing Act are cach amended by inserting "tby not to excent I to i {.yl7lf' per centum where the Secretary determines that a mortgage other 7 than one purchased or to be purchawd under wetion 305 of this Act er 1;i.y by the Government National Mortgage Association in implementing
- esc 37,,o its special assistance functions is involved)" after "90 per centum'
=- GOVERNMENT N ATioN At. MoRTo AnE Associ4 Tion i srEc At. AsstMTANCE Ft NCTioNs PUND A During 1953, within the resources and authority available, grm,s = obligations for the principal amounts of direct loans made pursuant y to wetion 305 of the National llousing Act, as arnended 114 U.S C. E. 1720), shall not exceed $500,000,000, which may be financed with g collections received in 19x3, and additional obligations are author-ized in such amounts as are necessary for increaws to prior year g commitments. m M
t ... 3.1 , y-5, = 4 s.;,....'.( m.".- :,./.. a'........'-1.. 0t,.. =, ei ; M PUBlK I.AW 97 -377 -DEC 71.19e % STAT 1909 [ t h > Notw ithstanding any ot her pros ision of th n punt re olution h such amounts as may be necessary f or programs, propct3 ir attai ties pros ided t'or in the ikpa rt ment of the Interior and helated o' Agencies Appropriation Act.19%d t il H T 'W'. to t he estent and in P 5 .a' , '1 the manner provided for in the wnterence report and joint esplana s -i tory statement of the Com n n t tee of Conf e rence i llouse H.: N umber M 97v. passed by the llou.c of Repr esent at n es no t hs em ' f, f ber 1*.19*2. and by t he Senate on th cember 19. ItN. u it sui h A t q. had been enacted into law /% n/nl. That not w it Lt.euling ans other pros noon of t his jomt resolution or any other Act inclaihng [ the lh partment of the Interior and Helated Agencies A ppr opriat ion <\\ct. IN. $2.WMUW is appropriated f or Fosil energs researt h and , J-n des elopmen t" Ih partment of Energy to r e m.n n as.nlable u n t il expended 't ii' Notw ithstanding any at her prosnu,n of t his pont reso, at o,n "'A' such sums as may be necess.iry f or prog rams. p r ort t s. o r as t a i t o.- t ' pros ided for in t he Ih part ment or Agricult ure. Hural lhselopment ^ f.t and Related Agencies Appropriation Act. IN ilH To7J. t. the n' s estent and in the manner prosided for m the c,terent e repor t.c ni joint es pla natory staterne n t < >t t he ('iimmit tee i (imferenir ti.use a, Ne po rt N umber 97 9 7 fi!cd i n f r a l b >u se t il Ib pr ese n t at i s e-cf ,1n 3'/ Ik cember 10 19-J it u.c h it had been enai ted
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,aw a., I Sri loJ A ppropriat ion s and f unds made.n a, Lib:e and a ut h, a ir s 4 / . g@, grantnf pursuant to t h is jomt resol u t o m haN k.n.uiah!r tr, n i i ] Ih cemter 17 14 1 a nd sha n rem,u n.n.u Libh unt d a i nm t ment f mto law of an appropriation f or ans pr o.s t ;r as tis a s p. o f ed h,r f -Q h),. m t h n ji n n t resol ut o,n iir b enact me nt..f t he a pp!- ah'. a;1a :pr: ation Act bs bot h l hiuses w,t h,ut a ny pr< n r u in t 3r -u. h ; r < ue. t < r act i s it ) > r '. Ne pt e m b. t li ' l'*C w h u het er first a 6 1ars
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- as ,,e.m w.. u u.. y, t hi-Jo m t re-olu t ion 'y J 4' 101 E s pen d i t u re-ma le g o r% int t. tho, r.~.. ' + [ j, shall t+ c harged ti. t he appt mib!c a ppr < ipr,at n fund .r aut h .a r i f: t ion w hen.n er a bid m w h a h sui h ippio abh appr.prciti.m '1 -qq e 'C a u t h.,r va t o,n n < o n t ained n enai t ed. n., la w .W r a 12 i[ if il 8Ils irIt 'iE It 1 ll! .i f 1 )., i <tr} tif I it [ hi ' > i 48 t 31 approprut o ms and a ut horit s prm uled ;n t h r p ont r e-U a m f >r t h. r i. g' pu r p mes i >f m ai n t.ii r,in g the m.nini.ni es.i - if e wefiti.i! .o ',i,i'. + ,y net ewa r s fi> protest i.f e i n f [ r, q i. r t 4 aruf br t riging.d>mt e ii. r i s N te r nli n a t is sf1 ('I ' pt h r t ii ri< t i ri.i r e t. r.> t > s r. i' i t,...i. i rii t i.. i t i r, .s i,e 4.. v ir he rw ne in ai r orila n4. w ' h t he p r,,s r o in s iit ' h. - o o n t re-ao n 3,( 'n.my appr< pr ut nin \\i t t r t h. h-al s. a r N., pr m n o in. i b l- t h,it m.ike+ ?>. is i latetlit s <'t .in s.i } qir < 'lir i.it i. >r g it is,ile<l
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s [ 96 STAT.1910 PUBLIC LAW 97-377-DEC,21,1982 2 was payable for the applicable grade and step to such employee under the applicable wage schedule that was in effect and payable on September 30,1982, and (2) for the period consisting of the remainder of the fiscal year ending September 30,1983, a rate which exceeds, as a result of a wage survey adjustment, the rate payable under paragraph (1) of this subsection by more than the overall average percentage of the adjustment in the General Schedule during the fiscal a year ending September 30,1983. tb> Notwithstanding the provisions of section thb) of Public Law 92-392 or section 70hb) of the Civil Service lleform Act of 11178, the 5 t'sc 5343 nde provisions of subsection (a) of this section shall apply tin such F manner as the Office of Personnel Management shall prescribel to prevailing rate employees to whom such section thb> applies, except that the provisions of subsection (a) may not apply to any increase m a wage schedule or rata which is sequired by the terms of a contract entered into before the date of enactment of this Act. (c) For the purposes of subsection (a) of this wetion, the rate payable to any employee who is covered by this acetion and who is paid from a a hedule which was not in existence on September 30, 1982, shall L2 determined under regulations prescribed by the Presi-dent. (di The provisions of this r,ection shall apply only with respect to pay for services performed by affected employees after the date of ? enactment of this Act. (e) For the purpose of administering any provision of law, rule, or regulation which provides premium pay, retirement, life insurance, or any other employee benefit, which requires any deduction or contribution, or which imposes any reqmrement or hmitation, on the basis of a rate of salary or basic pay, the rate of salary or basic pay payable after the application of this wetion shall be treated as 4 the rate of salary or basic pay. (f) Notwithstanding the limitations impm.ed on prevailing rate pay pursuant to subsection (a) of this section and wetion 109 of "a A str. p t191-Publ;c Law 97stifi, an Act to make continuing appropriations for [ the fiscal year 1983, such limitations shall not apply to wage adjust-ments for prevailing rate supervisors provided by the supervisory E pay plan published in the Federal llegister on May 21,19L L (ifFR22100L Ssweand Stc.108. No part of any appropriation contained in, or funds
- * """I made available by thin or any other Act, shall be available for any y
agency to pay to the Administrator of the General Services Adminis-tration a higher rate per square foot for rental of space and services (established pursuant to section 210tjl of the Federal Property ar d 40 l T 4>o Administrative Services Act of 1919, as amended) than the rate per square foot established for the space and services by the General a Services Administration for the current fiscal year and for which g appropriations were granted Proeided. That no part of any appro-priation contained in, or funds made available by this or any other [ Act, shall be available for any agency to pay to the Administrator of the General Services Administration a higher rate per square foot L for rental space and wrvices (established pursuant to wetion 210rj) of the Federal Property and Administrative Services Act of 19 89, as amended) than the rate per quare foot established for the space and services by the General Services Administration for the fiscal year l > 2. Eb =
= n 0 k 1 } PUBLIC LAW 97-377-DEC. 21,1982 96 STAT,1911 q: (INCLUDING TRANSFER oF FUNDS) ]a Soc.109. Notwithstanding any other provision of this joint resolu- ~ tion, the following administrative provision shall apply to the Veter-ans Administration: The $35,000,000 limitation on Veterans a Administration medical automatic data processing services carried M = in the Department of flousing and Urban Development-independent Agencies Appropriation Act,1983 (Public Law 97-272), is hereby Aate.p. tire g repealed: Neided. That none of the funds which are made available L by tha, or any other Act shall be used to further develop, implement, install, administer, operate, or maintain the computerized medical information support system (CO511SS) as described in the VA ADP and Telecommunications Plan, fiscal years 1984-1987, dated Sep-7 i i tember 1982, except to administer, operate and maintain the cur-e i rently operational outpatient automated pharmacy, prescription. labelmg, and editing system (APPLES) at locations where such g s system is currently operating Nrided further, That fifty-two of the y full-time equivalent employment (FTEE) ceiling assigned to the r-Office of Data 5!anagement and Telecommunications for the devel-3 h-opment of CO511SS shall immediately be transferred to the Depart- -i b ment of Stedicine and Surgery to support the decentralized hospital 4 5 computer program: Neided further That the FTEE ceiling for the -= Office of Data 51anagement and Telecommunications in nscal year 2 1983 shall not exceed one thousand nine hundred and thirty-four, 3 including not to exceed one FTEE located in the Central Of6ce to -T support APPLES: Neided further, That $1,000,000 of the amount M appropriated to the " General operating expenses" account in the i Department ofIIousing and Urban Development Independent Agen-cies Appropriation Act,1983 (Public law 97-272), is hereby trans-1 ferred to the "Stedical care" account to support the transferred FTEE. 3 Soc.110. Notwithstanding any other provision of this joint resolu-tion, moneys deposited into the National Defense Stockpile Transac-F tion Fund under section 9tb) of the Strategic and Critical Staterials Stock Piling Act (50 U.S C. 98htbo are hereby made available, subject to such limitations as may be provided in nppropriation Acts and in section fda11) of such Act, until expended for the acquisition a t'sw of strategic and critical materials under section GaNI) of such Act m tx w 3 (and for transportation and other incidental expenses related to = such acquisitiont This paragraph applies without fiscal year limita-tion to moneys deposited into the fund before, on, or after October 1, 1982: Neided. That during the fiscal year ending on September 30, 2 1983, not more than $120,000,000 in addition to amounts previously E appropriated in prior years, may be obligated from amounts in the hational Defense Stockpile Transaction Fund for the acquisition of strategic and critical materials under section f/aWil of the Strategic 4 and Critical Staterials Stock Piling Act (50 U.S C. 9 Man 19 and for transportation and other incidental expenses related to such acquisition. br.c.111 A. Notwithstanding section 102(cl of this joint resolution, Ante.p t w subsection (c) of section 4 of the Commission on Wartime lleh> cation j and Internment of Civilians Act (50 U.S C. App. 1981 note) is 3 amended by striking out "shall submit" and all that follows through the end of the subsection and inserting in lieu thereof "may make II {} available to the public such interim findings and other information as it deems appropriate und shall submit a written report of its 4
kE 96 STAT 1912 PUBLIC LAW 37-377-DEC,21,1982 findings and recommendations to Congress not later than June 30, 1983." Smhy and SEc,111B. Notwithstanding any other provision of this joint rura; et resolution the Postal Service shall continue six-day delivery of mail NNoa not,. and rural delivery of mail shall continue at the 1982 level., t resolu-Soc.112. Notwithstanding any other provision of this join Ante, p 1909 tion, except section 102xci, there are appropriated to the I%tal Service Fund sufficient amounts so that pw.tal rates for all pre-ferred-rate mailers covered by section 3626 of title 39, United States Code, shall be maintained at Step 14. 42 Usc 603 note Soc.113. No reduction in the amount payable to any State under 42 Usc 601. title IV of the Social Security Act with respect to any of the fiscal years 1977 through 1933 shall be made prior to the date on which v this resolution expires on account of the provisions of section 4034h> 42 USC un. of such Act. SEc.114. Notwithstanding any other provision of this joint resolu-tion or any other provision of law, none of the funds made available under this resolution or any other law shall be used for the purp2ses of conducting any studies relating or leading to the passibility of changing from the currently required "at cost" to a " market rate" or any other noncost-based method for the pricing of hydroelectric power by the six Federal public power authorities, or other agencies or authorities of the Federal Government, except as may be specifi-cally authorized by Act of Congress hereafter enacted. SEc.115. Notwithstanding any other provision of this joint resolu-tion, except section 102, expenditures from the llonneville Power 16 USC N'A Administration Fund, established pursuant to Public law 93-451, are approved for construction of Iloundary Integraticn and Colville Valley Support; official reception and representation expenses in an amount not to exceed $2,500; and for the purposes of providing funds for conwrvation and renewable resource loans and grants as apeci-Ged in the Pacine Northwest Flectric Power Planning and Conservw ( 16 USC Ka tion Act (Public Law 96-501), $1,250,000,000 borrowing authority is ? made available to remain outstanding at any given time: 1%uded, That the obligation of such additional borrowing authority not exceed $276,000,000 in fiscal year 1983. SEc.116. Notwithstanding any other provision of this joint resolu-tion, there is appropriated to the Department of the Treasury $24d,000,000 for ' Salaries and expenses", Bureau of Government Financial Operations; $170,510,000 for " Salaries and expenses", Internal Revenue Service; $1,009,409.000 for " Examinations and Appeals", Internal Revenue Ser ice; $1,000,778,000 for " Taxpayer Service and Returns Processing", Internal Revenue Service: $553,700,000 for " Salaries and expenses". United State s Customs Service: Provided. That none of these funds shall be asailable to close or relocate Customs offices in Duluth, Minnesota / Superior, Wisconsin; Milwaukee, Wisconsin; Bridgeport, Connecticut; liart-ford, Connecticut; Portland, Oregon; Miami, Florida; St. Albans, Vermont; or Anchorage, Alaska, or to consolidate or reduce person-nel, programs or functions of these offices; and $235,000h00 for " Salaries and expenses" tincluding the hire of 200 new special ap nts), United States Secret Service. Src.117. None of the funds contained in this resolution shall be available for the implementation and enforcement of any Internal Revenue ruling relating to the application of se etions 511,512,and 26 Usc 511,512. 513 of the Internal Revenue Cole to revenues generated as a result 513 of North Dakota Century Code chapter 53-06.
? sm- = -e EE PUBLIC LAW 97-377-DEC 21.19W % ST AT. lul3 r s._ Src 115 Notwithstanding any ot her provmion of t his joint resilu-a tion. $77tUHUn> shaa he available for rental of space wit hin the Fedeial Huildings Fund of the General Sen ices Adnu nist rat ion E Src ' '9 Uoi othstandmg any other prosismn of t his jomt r esolu-tion, nor y or t he funds made available by tb m i t shall be used to reduce the r, mber el positions allecated to taspayer senice at t ai-ties below fi cal yer 1"$2 les els or t o red uce t he n u m be r of pm i tions allocated to an. ot her direct taxpay er assivance t uni t io~ s below fiscal y ear 19._ Im ">..ncluding, but no h o o t ed t o t oll f ree r telephone tax law assutance and Internal Res-nue Sei s we w alk m assi3tance available at Internal he - eue Sen ice held otEces Src 120 Notwithstan ' any o..er orm ision of the joint resolu tion, none of the funds wade available to the General Sen ice, Administration under this Tet shall be obhgated or expended after date of enactment of this Ac nor t he procurement by cont ract of any perf ormed by indn iduals j ' se rvice w hich, before sut h date. w as m [E their capacity a3 employees of t he General Sen ices Admmi-t r at.uo in any position described m section 3310 of title Ti United States Code EE Src 121 Notwithstanding any ot her prm ision of t his join'.esolu j tion. funds available to the Federal Building Fi nd wit hm the ( ;e n eral Service
- Administration may be used to m mate new const ruc-
~3 tion. purcha.~ advance %gn. and rep.u rs and alteration ime it m pro; scts which are meludal in the T rea-u n. Postal Sen ice and 2 General Government Appropriation Act 19s.t as pas,cd bs the m House or as reported to the Senate SEc.122 Section 2 of Reorganuation Plan N umtwred 3 of 1979 9 (
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Stat.13s2. 5 U S C Appendix > is amended by addog thereto a new /- suNection ie' as follow s E ' There shall be m the Department of Commerce a Di rect or h ur u neral " '"" * "'e' b Gaeral of the United States and Foreign Commercia! Senices w ho snall be appointed by the President. by and with the adsice and [N 7,3 consent of the ' we. and shall recene compensation at the rate sr m e, P"- + n n a ! prescribed by Ir o i >r level IV of the Execut ne Schedule "*M"'"'" SEc 123 Section 3311 of title V. United States Code i amended bs adding the following at the end thereof "Execut n e Director Prop- ' W # erty Review Board" SEc 124. Sectmn 3OUbi of Pubhc Eaw 97-253 is amended hv M oY 'l*' E n"" mserting before the period the followmg. except for t hose indiv ul-nals who serve three days or hss in the mont h of retirement" Src 125 No fund 3 appropriated by thm joint resolution or any other Act may be used to enter into a rest ruct umi contract of the National Aeronautics and Space Administraticn for trackmg and data relay satelhte services if the estimated impact on total program cost of such restructured contract exceeds $216.'H H U H Hl. or if the estimated total cost of the restructured tracking and data relay satelhte services program exceeds $2.700HHUHH). unless the Com mittees on Appropriations. having been apprised of higher estimates by the Admmistrator of the Nat-nal Aeronautics and Space Admin-istration, approve entering mto such contract Prm uled. That if at anv time the Administrator of t! e National Ac ronautics and Space Administration estimates tha: 'he total cost of the tracking and dat.a relay satellite services pr,gr on wi!! exceec $2.704.OtHUMH), or that the impact on total r~st of restructu ing the cont ract for such services will exceed C S.I$0. 4HL he Gall promptly notify the Com-mittees on Appropri:n cia ard shall take no actions that would
Z 96 STAT.1914 PUBLIC LAW 97-377-DEC. 21,1982 cause such costs to increase without the approval of the Committees on Appropriations. Soc.126. Of the funds made available to the Department of Defense by thisjoint resolution, $200.000 shall be transferred to the Department of Education which shall grant such sum to the Board of Education of the IIighland Falls-Fort Montgomery, New York central school district. The funds transferred by this section shall be in addition to any assistance to which the Board may be entitled 20 Usc 236. under subchapter 1, chapter 13 of title 20 United States Code. k 2 Use ssb-2 SEc.127. The provisions of II. Res. 611, 97th Congress, approved NN November 30,1982, relating to the llouse of Representatives Page Board, shall be the permanent law with respect thereto. Soc.128. No funds provided under this joint resolution shall be used to deny or reduce supplemental security income or aid to families with dependent children benefits because of home energy assistance provided by a private nonprofit organization, or any entity whose revenues are primarily derived on a rate-of-return basis regulated by a State or Federal governmental body, if the appropriate State agency has certified that such assistance was k based on need as determined by such organization or entity. L-5 Usc 5318 note. SEc.129. (a) Section 101(e) of Public Law 97-276 is amended by [- Anre.p.1186. striking out " December 17, 1982," and inserting " September 30 1983,". { Executive (b) In lieu of payment of salary increases of up to 27.2 percent as Schedule. pay authorized by law for senior executive, judicial, and legislative 4 "'* * "'* positions (including Members of Congress), it is the purpose of this section to limit such increases to 15 percent. Notwithstanding the e provisions of section 306 of S. 2939 made applicable by subsection (a) -E of this section, nothing in subsection (a) shall (or be construed to) [- require that the rate of salary or pay payable to any individual for or on account of services performed after December 17,1982, be e i limited to an amount less than the rate (or maximum rate,if higher) h of salary or pay payable as of such date for the position involved increased by la percent and rounded in accordance with section L 5318 of title 5, Unitsi States Code. P (c) Subsection (b) shall not apply to Senators. g (d) For the purposes of any rule, regulation, or order having the force and effect of law and limiting the annual rates of compensa-tion of officers and employees of the Senate by reference to the annual rate of pay of Senators, the e mual rate of pay of Senators shall be deemed to be the annual rate of pay that would be payable to Senators without regard to subsection (c) of this section. SEC.130. Notwithstanding any other provision of this joint resolu-tion, there is appropriated to the " Federal Labor Relations Author-ity", $15,500,000. = SEC.131. Notwithstanding any other provision of this joint resolu-ya tion, the Secretary of the Treasury shall instruct the United States k executive directors of the International Bank for Reconstruction y-and Development, the International Development Association, the International Finance Corporation, the Inter-American Develop. ment Bank, the International Monetary Fund, the Asian Develop-ment Bank, the African Development Bank, and the African Development Fund to use the voice and vote of the United States to oppose any assistance by these institutions, using funds appmpri-ated or made available pursuant to this or any other Act, for the prodaction of any commodity for export, if it is in surplus on world b wam
PUBLIC LAW 97-377-DEC. 21,1982 96 STAT 1915 markets and if the assistance will cauw subpantul injury to United States producers of the same, similar. or competing commodity Sec.1:t Notwithstandmg any other provision of this jomt resolu-tion, none of the fut ds appropriated or made asailable iother than funds for "Operatmg expenws of the Agency for International Development"i pursuant to this Act for carrymg out the Foreign Assi3tance Act of 1961, may tv used to finance the operarme - 1~ expenses of the Agency for International Deselopment. ewept that funds contained in deferral numbered D33-I shall be uwd for operatmg expenses of the Agency for International Ihelopment Sec.133 Notwithstanding any other provision of this jomt resolu-tion, none of the funds appropriated under sect non 101 b of t his joint resolution may be available for any country durmg any 3-mont h period beginnmg on or after Octotvr 1. Ith2, immediately followmg the certification of the President to the Congres3 that such country is not taking adequate steps to cooperate with the l'nited States to prevent narcotic drugs and other controlied substances ias Irted m the schedules m section 202 of the Comprehensive Drug Abu-e and Prevention Control Act of 19714 21 U S ( ~12" which are produced. processed. or transported in such country from entermg the i nited States unlawfully Sec 134 Notwithstanding any other provision of this joint resolu. tion, of the new obhgational authority appropriated under section 100b to carry out the provisions of secitans 103 through IM of the Foreign Assistance Act of 196L not less than 30 percent shall be Iw available for loans for the fiscal year liW3 itunds for such loans shall remam asatlable for obhgation until September 30, 11% lb ided That loans made pursuant to this authority to countries w hose annual per capita gross national product is greater than $79.i but less than $1.2N shall he repay able w ithin tw ent y-fise y ears tollow - ing the date on which funds are mitially made available under such loans and loans to countries whose annual per capita gross natmnal product is greater than or equal to $1.2*,3 shall he repay able withm twenty years following the date on which funds are nuttally made available under such loans Sec 135 Payments required by section 4 of Pubhc Law 97-316 with respect to the Vice President, Senators and officers and employees of the Senate shall be paid from the contingent fund of the Senate out of the account in such fund for " Miscellaneous Items" SEc 136. Any commuter authority operatmg commuter service iw 4 mo-transferred from the Consolidated R2nl Corporation under part 2 of the Northeast Rail Serv ce Act of 1931 shall be subject to apphcable m' M* f'" laws with respect to such service SEc.137 Conrail employees rho are deprived of employment by itN assumption or dscontinuance of intercity passenger service by Amtrak shall hereafter be ehgible for employee protection benefits under section 701 of the Regional Rail F* organization Act of 1973 < 4.; U S C 797 s, notwithstandmg any other provision of law, agree-ment. or arrangement. and notwitfistandmg the inabihty of such employees otherwise to meet the eligibihty requiremeots of such section. Such protection shall be the exclusive protection apphcable to Conrail employees deprived of employment or adversely affected by any such assumption or discontinuance $w 13a Nothwithstanding any other provision of this joint reso-lution. the provisions of section 616 of H.R. 71M, the Treasury, Postal Service, and General Government Appropriation Act,1933,
? t k 96 STAT.1916 PUBLIC LAW 97-377-DEC. 21,1982 and section 614 of S. 2916, the Treasury, Postal Service, and General Government Appropriation Bill 1983, shall not apply to funds appro-priated or otherwise made available by this joint resolution. SEC.139. None of the funds appropriated in this Act may be obligated or expended in any way for the purpose of the sale, lease. or rental of any portion of land currently identified as Fort DeRussy Ilonolulu. Ilawaii. Ssc.140. The authorization for the water project on Bradley Lake, near Cook Inlet, Alaska described in the plans recommended in the t report of the Chief of Engineers contained in Ilouse Document Numbered 455,87th Congress, which plan was adopted and author-ized by the Flood Control Act of 1962 (76 Stat.1180,1193) is hereby terminated: Provided, That for clarification, funds in the amount of $31,050,000 authorized to be appropriated in fiscal year 1978 for continuation of construction of distribution systems and drains on 91 state. the San Luis Unit, Central Valley Project under Public Law 95-46 L shall remain available until expended: Provided further, That Rii $4,000,000 shall be made available for the Yatesville Lake construc-E tion project: Procided further That funds available or hereafter = made available for the project for flood protection on the Sacra-gr 33 Usc 701r-1. mento River, California, authorized by th: i=1 Centrol Act of 196n, ma. may be used for construction of bank erosion control works along -5 the banks of the Sacramento River for Chico Landing to the upstream ends of the project levees. (- SEc.141. Notwithstanding any other provision of this joint reso-Ante.P.1909. lution, including section 102, there are appropriated $3,500,000 for carrying out the Runaway and Ilomeless Youth Act, which is in addition to amounts otherwise available under section 137 of Public ep Aar,.p.1198. Law 97-276 and under this joint resolution for carrying out such l-- Act. i SEC.142. (a) For payment to the Alaska Railroad Revolving Fund for capital improvements, replacements, operations, and mainte-F i nance, $7,600,000, to remain available until expended. (b) For an additional amount to execute contracts for the Dodge Island Bridge Project, Miami, Florida, in accordance with the provi-sions of Title 23, United States Code, Section 144, $23,200,000 to be ~ derived from the Ilighway Trust Fund, and to remain available =- = until expended: Provided. That, notwithstanding any other provi-sion of law, obligations incurred under this section shall not be subject to any limitation on obligations for federal. aid highways. Stc.143. Notwithstanding any other provision of this joint resolu-tion, until the United States Court of Appeals for the District of E Columbia renders a final decision in Case No. 82-2389, (National Cable Television Assoc., Inc. v. Copyright Royalty Tribunal), or March 15,1983, whichever occurs first, no funds appropriated by ~ this joint resolution or any other Act of Congress which provides funds for the Library of Congress and the Copyright Royalty Tribu-nal for fiscal year 1983 shall be expended to implement, enforce, award, or collect royalty fees under, and no obligation or liability for copyright royalty fees shall accrue until March 15,1983 pursuant to, the decision announced by the Copyright Royalty Tribunal on Octo-ber 20,1982, Docket Numbered 81-2, and any subse.quent decision, order, memorandum, or opinion issued b the Tribunal in such docket, insofar as such decision and any su uent decision, order, memorandum, or opinion relate to the establ hment of a royalty rate of 3.75 per centum of the gross receipts of certain cable systems for the carriage of certain distant signal equivalents. Nothing in this
PUBLIC LAW 97-377-DEC. 21,1982 96 STAT.1917 section shall be construed as barring the Copyright Royalty Tribu-nal from expending funds to decide, and to issue written materials with regard to its Docket Number ':1-2, and to defend in court or elsewhere its decisions, orders, mesranda, or opinions in such docket or relating to the subject matter of such docket. Nothing in this joint resolution shall inhibit the Library of Con-gress and the Copyright Office from expending funds duly appropri-ated for the general purpose of administering the Copyright Act, t? USC 101 er including the compulsory licensing provisions thtrein, except as sev solely and specifically related to implementation of the Copyright Royalty Tribunal's rate determination of October 20,1982 as set out in 47 FR 52146 (November 19,1982) until the Court of Appeals has rendered a final decision regarding said determination as it relates to the distant signal rate adjustment. Sec.144. Notwithstanding any provision of this joint resolution or any other law or regulation, payments for local educational agencies under the Act of September 30,1950 tPublic Law 874,81st Congress) 20 Usc 2x in 31ontana for fiscal year 1983 shall be computed from corrected 1981 financial data. Tfte provisions of this sectior; shall not apply unless the following conditions are met: (1) No such payments shall be made until m a'idit is conducted = (2) No such payments shall be made prior to March 30,1983. (3) The m-total amount of the increase in payments made by reasm of this section shall not exceed $3,000,000. (4) No such payments shall be made prior to the submission of the audit report to the Committee on Appropriations of the Senate and of the IIouse of Representa. g tives. SEC.145. Notwithstanding any other provision of this joint resolu-tion, section 5546a(a) of title 5. United States Code, is amended i1 n by deleting the period at the end of paragraph (2) of subsection sat and 1 inserting in lieu thereof a semicolon and the word "and", and (2) by inserting immediately after paragraph (2) of subsection tal the following new paragraph: [ "t3) any employee of the Federal Aviation Administration J who occupies a position at the Federal Aviation Administration Academy, Oklahoma City, Oklahoma, the duties of which are r-determined by the Administrator to require the individual to be actively engaged in or directly responsible for training employ-ees to perform the duties of a position described in subpara-graph (a);(b); or (c) or paragraph (1) of this subsection, and who, r immediately prior to assuming such position at such Academy, occupied a position referred to in subparagraph (a),(b), or (c) of Ei-paragraph all of this subsection.". E SEc.146. No funds, including funds provided in this joint resolu-r tion or in the account entitled " Expenses, Disposal of Surplus Real and Related Personal Property"( Account No. 47-5254-0-2-804), may be expended by the General Services Administration to proceed with any sale or disposal of real property and improvements E' known as the Naval and 31arine Corps Reserve Center at Beaver-E- tail Point, Jamestown, Rhode Island, containing 6.81 acres, more or less, and identified by General Services Administration control E number N-R1-482A. Szc.147. Section 1618 of the Social Security Act is amended by 42 Use toeg h. adding the following new subsection: Ei "tc) The Secretary shall not find that a State has failed to meet the requirements imposed by paragraph (4) of subsection (a) with respect to the levels of its, supplementary payments for g e: E
it E 96 STAT.1918 PUBLIC LAW 97-377-DEC. 21,1982 =- any portion of the period July 1,1980 through June 30,1981, if the State's expenditures for such payments in that twelve-month period were not less than its expenditures for such payments for the period July 1,1976 through June 30,1977 (or, ~ if the State made no supplementary payments in the period July 1,1976 through June 30, 1977, the expenditures for the first twelve-month period extending from July 1 through June 30 in which the State made such payments).". L SEC.148. There is appropriated $25,000,000 for carrying out title 95 stat. 893 XXVI of the Omnibus Budget Reconciliation Act of 1981, relating to 42 Usc 8621. Iow neome home energy assistance, which is in addition to amounts otherwise available for such title XXVI under this joint resolution. SEC.149. (A) Notwithstanding the first sentence of section 103 tex 4) i of title 23, United States Code, the Secretary of Transportation shall approve the withdrawal from the Interstate System the route of Interstate Reute 95 and Interstate Route 695 from the intersection with Interstate Route 295 in Hopewell Township, Mercer County, New Jersey, to the propod intersection with Interstate Route 287 in Franklin Township, Somerset County, ion of law, the Secretary of New Jersey. (B) Notwithstanding any other provis T. Transportation is authorized and directed, pursuant to section 103 of k_ 23 UsC 103. such title, to designate as part of the Interstate Ilighway System the New Jersey Turnpike from exit 10 to the interchange with the m Pennsylvania Turnpike and the Penns Ivania Turnpike from such interchange toandincludingthe pro interchange withInterstate t-- Route 95 in Bucks Count, Pennsylvania. (C) The Secretary of ransportation is further authorized and directed to designate Interstate Route 95 and assure through proper E sign designations the crderly connection of Interstate Route 95 ( pursuant to this section. p 30 USC 1235 SEC.150. Within 60 days of receipt of a complete abandoned mine reclamation fund grant applicttion from any eligible State under note. the provisions of the Surface Mining Control and Reclamation Act 30 Usc 1231 (31 Stat. 460) the Secretary of Interior shall grant to such State any and all funds available for such purposes in the applicable appropri-ations Act. 42 Usc 2c89 SEC.151. Notwithstanding Public Law 95-622, funds made availa-b ble to the President's Commission for the Study of Ethical Problems n* in Medicine and Biomedical and Behavioral Research under Public Anre, p. Iso. Law 97-216 shall remain available until March 31,1983. SEC. 152. Section 1052fxa) of title 49, United States Code, is amended-(1) by striking "or" at the end of paragraph (12); (2) by striking the period at the end of paragraph (13), and inserting in lieu thereof " ; or,"; and (3) by adding at the end thereof the following- "(14) transportation of broken, crushed, or powdered glass.". SEC.153. None of the funds appropriated in this joint resolution or Ante, p.1186. Public Law 97-276 shall be used for the development, initiation, or implementation of plans, drawings, architectural engineering work, design work, site preparation or acquisition for, or the construction of, any new Senate office buildings or additions to existing Senate office buildings. This provision does not apply to planning, construc-tion, or completion for the Philip A. Hart Senate Office Building.
PUBLIC LAW 97-377-DEC. 21,1982 96 STAT.1919 Src.154 Nothwithstanding any other provision oflaw or this joint resolution, none of the funds provided for " International Organiza-tions and Programs" under section 101(b) of this joint resolution Amte,y 1830. shall be available for the United States' proportionate share for any programs for the Palestine Liberation Organization, the Southwest Africa Peoples Organization, or Cuba. Sr.c.15a. (a) It is the purpose of this section to provide the Secretary of Energy the exclusive authority for the disbursement of 2 the designated petroleum violation escrow funds for limited restitu-tional purposes (1) which are reasonably expected to benefit the class of persons injured by such violations, and (2) which, based on information previously provided to Congress by the Secretary of Energy, are likely not to be, through procedures established by i regulation, otherwise refunded to injured persons because the pur-chasers of the refined petroleum products cannot be reasonably identified or paid or because the amount of each purchaser's over-charge is too small to be capable of reasonable determination. (b) As soon as practicable, the Secretary of Energy shall disburse designated petroleum violation escrow funds to the Governors of the States in accordance with the formula set forth in subsection (d). (c) Amounts disbursed to the Governor of any state shall be used by the Governor as if such funds were received under one or more energy conservation programs. The Governor shall identify to the Secretary within one year after tne time of disbursement the energy conservation program or programs to which the funds are or will be applied. Funds disbursed under this section shall be used to supple-ment, and not supplant, funds otherwise available for such pro-grams under Federal or State law. (d) The disbursement by the Secretary of Energy to each State shall be based on the ratio, calculated by the Secretary, which-(1) the volume of refined petroleum products consumed within that State during the period beginning Septembar 1,1973, and ending January 28,1981, bears to (2) the volume of refined petroleum products consumed within all States during such riod. Calculations made by the retary of Energy under this subsection shall be based upon estimates by the Secretary from reasonably available information. (e) For purposes of this section-(1) The term " designated petroleum violation escrow funds" means amounts (not in excess of $200,000,000) which are derived from settlements from alleged petroleum pricing and a'hcation violations generally resulting m overcharges to purch 6ers of refined petroleum products and held in trust accounts cdminis-tered by the Department of Energy on December 17,1982,and which-(A) are not likely to be required for satisfying claims of potential claimants identified in the proceedings of the Office of Hearings and Appeals initiated prior to December 17,1982, or identified in judicial proceedings initiated prior to such date; and (B) the use of under this section would be consistent with the remedial order or consent order covering such funds. (2) The term " energy conservation programs" means-(A) the program under Part A of the Energy Conservation and Existing Buildings Act of 1976 (42 U.S.C. 6861 and following);
96 STAT.1920 PUBLIC LAW 97-377-DEC. 21,1982 5 (B) the programs under part D of title Ill of the Energy Policy and Conservation Act (relating to primary and sup-plemental State energy conservation programs; 42 U.S.C. 6321 and followmg); m (C) the program under part G of title III of Energy Policy and Conservation Act (relating to energy conservation for P schools and hospitals; 42 U.S.C. 6371 and following); (D) program under the National Energy Extension Serv-t ice Act (42 U.S.C. 7001 and following); and (E) the program under the Low-Income llome Energy F Assistance Act of 1981 (42 U.S.C. 8621 and following). Definitions. (3) The term " State" means each of the several Stat <.s, the r District of Columbia, the Commonwealth of Puerto Rico, and I any territory or possession of the United States. (4) The term " Governor", when used with respect to any State, means the Governor or the chief executive officer of that m State. (5) The term " refined petroleum product" means gasoline, i-kerosene, distillates, (including Number 2 fuel oil) LPG (other 5 than ethane), refined lubricating oils, diesel fuel, and residual fuel oil, but does not include refinery feedstocks. b. (f) No funds disbursed under this section may be used for any administrative expenses of the Department of Energy or of any g-L State, whether incurred in connection with any energy conservation program or otherwise. r 42 USC 402 note. SEC.156. (aXI) The head of the agency shall pay each month an e'nount determined under paragraph (2) to a person-2 (A) who is the surviving spouse of a member or former 7 member of the Armed Forces described in subsection (c); i (B) who has in such person's care a child of suin member or former member who has attained sixteen years of age but not eighteen years of age and is entitled to a child's insurance n benefit under section 202(d) of the Social Security Act (42 U.S.C. G 402fd)) for such month; and (C) who is not entitled for such month to a mother's insurance -r benefit under section 202(g) of the Social Security Act (42 U.S.C. r 402(g)) by reason of having such child (or any other child of such member or former member)in her care. F (2) A payment under paragraph (1) for any month shall be in the g amount of the mother's insurance benefit, if any, that such person would receive for such month under ution 202(g) of the Social 42 Usc 402. Security Act if such child were under sixteen years of age, disregard- = ing any adjustments made under section 215(il of the Social Security 42 Usc 415. Act after August 1981. However, if such person is entitled for such month to a mother's insurance benefit under section 202(g) of s'ach Act by reason of having the child of a perscn other than such member or former member of the Armed Forces in such person's care, the amount of the payment under the preceding sentence for L such month shall be reduced-(but not below zero) by the amount of the benefit payable by reason of having such child m such person's = care. (bx1) The head of the agency shall pay each month an amount determined under paragraph (2) to a person-E- (A) who is the child of a member or former member of the Armed Forces described in subsection (c); a_ g. M
PUBLIC LAW 97-377-DEC. 21,1982 96 STAT.1921 (B) who has attained eighteen years of age but not twenty.two years of age and is not under a disability as defined in section 223(d) of the Social Security Act (42 U.S.C. 423(d)); (C) who is a full-time student at a postsecondary school, college, or university that is an educational institution (as such terms were defined in section 202(dk7)(A) and (C) of the Social Security Act as in effect before the amendments made by 42 Use 402. section 2210ta) of the Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35; 95 Stat. 841)); and (D) who is not entitled for such month to a child's insurance benefit under section 202td) of the Social Security Act (42 U S.C. 402(d)) or is entitled for such month to such benefit only by reason of section 2210(c) of the Omnibus Budget Reconciliation Act of 1981 (95 Stat. 842). 42 Use 402 note. (2) A payment under paragraph (1) for any month shall be in the amount that the person concerned would have been entitled to receive for such month as a child's insurance benefit bnder section 202(d) of the Social Security Act (as in effect before the amendments made by section 2210ta) of the Omnibus Budget Recon:iliation Act of 1981 (95 Stat. 841)), disregarding any adjustments made under sec-tion 215(i) of the Social Security Act after August 19S1, but reduced 42 Usc 415. for any month by any amount payable to such person for such month under section 2210(c) of the Omnibus Budget Reconciliation Act of 1981 (95 Stat. 842). (c) A member or former member of the Armed Forces referred to in subsection (a) or (b) as described in this subsection is a member or former member of the Armed Forces who died on active duty before August 13,1981, or died from a service-connected disability incurred or aggravated before such date. (dtl) The Secretary of Health and Human Services shall provide to the head of the agency such information as the head of the agency may require to carry out this section. (2) The head of the agency shall carry out this section under regulations which the head of the agency shall prescribe. Such regulations shall be prescribed not later than ninety days after the date of the enactment of this section. (e)(1) Unless otherwise provided by law-(A) each time after December 31, 1981, that an increase is made by law in the dependency and indemnity compensation paid under section 411 of title 38, United States Code, the head of the agency shall, at the same time and effective as of the same date on which such increase takes effect, increase the benefits paid under subsection (a) by a percentage that is equal to the overall average (rounded to the nearest one-tenth of 1 per centum) of the percentages by which each of the dependency and indemnity compensation rates under section 411 of such title are increased above the rates as in effect immediately 38 Usc 411. before such increase; and (B) each time after December 31,1981, that an increase is made by law in the rates of educational assistance allowances provided for under section 1731(b)of title 38, United States Code, the head of the agency shall, at the same time and effective as of the same date on which such increase takes effect, increase the benefits paid under subsection (b) by a percentage that is equal to the overall average (rounded to the nearest one-tenth of 1 per centum) of the percentages by which each of the educational assistance allow-ance rates provided for under section 1731(b) of such title are as Usc 1731.
96 STAT.1922 PUBLIC LAW 97-377-DEC. 21,1982 increased above the rates as in effect immediately before such increase. G The amount of the benent payable to any person under subsec-tion tai or ib> and the amount of any merease m any such twnefit made pursuant to clause i1i or @ of this subsection. if not a multiple ~ of $1 shall tw rounded to the next lower multiple of $1 iD Payments under subsections ia> and ibi shall be made only months after the month in w hich this section is enacted ~ for ~ <g n 1i During Escal year 173 the Secretary of Defense shall trans-fer from time to time from the " Retired Pay, Defense' account of the Department of Defense to the head of the agency such amounts as the head of the agency determines to be necessary to pay the benefits provided for under subsections :ci and ibi during such fiscal year and to pay the admin strative expenses meurred in paymg such benefits during such fiscal year. The Secretary of Defense may transfer funds under this subsection in advance of the payment of twnefits and expenses by the head of the agency G The head of the agency shall estabbsh on the books of the agency over which he exercises jurisdiction a new account to be used for the payment of benefits under subsections ia' and ibi and 3 hall credit to such account all funds transferred to him for such purpose by the Secretary of Defense < hi The head of the agency and the Secretary of Ilealth and liuman Services may enter into an agreement to proside for the payment by the Secretary or the head of the agency of benefits provided for under sub+ction ia' and benefits provided for under wetion 203g' of the Social Security Act i12 U S C 403gn in a single monthly payment and for the pay ment by the Secretary or the head of the agency of twnefits provided for under subsection ibi and benefits provided for under section 203d' of the Social Security Act i42 U S C. 403dn in a single monthly pay ment, if the head of the agenes and the Secretary agree that such action would be practica-ble and cost effective to the Government pennine !ii For t! ' rrnoses of this section-i1i The term " head of the agency" means the head of such department or agency of the Government as the President shall designate to administer the provtsions of this section G The terms active military, naval. or air wrnce' and serviewonnected" have the meanings gisen those terms in paragraphs 4241 and il6i, respectively, of section 101 of title 38 Umted States Code, except that for the purposes of this section such terms do not apply to any wrvice in the commissioned corps of the Public flealth Sernce or the National Oceamc and Atmospheric Administration. Src ITC Upon request of the city of Tacoma, Washington, the Secotary of Commerce shall authorize such city to sell or lea 3e to t any person the Pantages Centre for the Performing Arts building, without affecting the Federal assistance provided under the Pubhc CN - Works and Economic Development Act of IE iproject n umbered 07-11-02513i, if such transfer documents provide for the operation of such facihty as a performing arts center for at least twenty-five years after such transfer SEc 1.K For activities of the White flouse Conference on Produc-ti city, inciuding the conduct of regional and k> cal conferences Ante p x throughout the United States, as authorized by Public Law 97-367, $ 1.500,000
PUBLIC LAW 97-377-DEC. 21,1982 96 STAT.1923 SEc.159. Funds in this joint resolution may not be made available for payment to the International Atomic Energy Agency unless the Board of Governors of the International Atomic Energy Agency certifies to the United States Government that the State of Israel is allowed to participate fully as a member nation in the activities of that Agency, and the Secretary of State transmits such certification to the Speaker of the Ilouse of Representatives and the President of the United States Senate. 4 SEc.160. Nothwithstanding any other provision of this joint reso-lution, there is appropriated $100,000,000 for carrying out title 4 XXVI of the Omnibus Budget Reconciliation Act of 1981, relating to 95 stat. m low-income home energy assistance, which is in addition to amounts 42 USC M21 3 otherwise available for such title XXVI under this joint resolution. SEC.161. The Nation's economy is entering the seventeeth month of a severe recession, with few signs of recovery: Nearly twenty million people are underemployed or unemployed due to this recession; Our Nation's steel, auto and housing industries and our agricul-tural sector remain mired in a depression: Given the current underutilization of both labor and capital, lower interest rates will not rekindle inflation; lower interest rates are the key to higher employment, higher production and sustained economic growth; therefore, be it Declared that it is the Sense of the Congress that:In recent months, the Board of Governors of the Federal Reserve and the Federal Open Market Committee have made a significant contribution to the lower interest rates without rekindling inflation, and that, with due regard for controlling inflation so as not to have an opposite effect of driving interest rates upward, they should continue to take such actions as are necessary to achieve and maintain a level ofinterest rates low enough to generate significant economic growth and thereby reduce the current intolerable level of unemployment. SEC.162. For an additional amount for " Employment and training assistance", $25,000.000, which shall be for carrying out title Ill of the Job Training Partnership Act tPublic Law 97-300). Anf#.p.1364. SEC.163. None of the funds made available by this joint resolution shall be used to furnish, or facilitate the sale or transfer of, sensitive United States defense equipment, materials or technology to any country for which the President does not certify to the Congress that he has reliable assurances that such country will not transfer sensitive United States equipment, materials or technology in viola-tion of agreements entered into under the Arms Export Control Act 22 Use m1 to any Communist country, or to any country which receives arms from a Cammunist country. Str.164. Notwithstanding any other provision of this joint resolu-tion, $91.000 is appropriated to the United States Fish and Wildlife Service, " Resource Management". SEc.165. (a) Section 922(bx5), title 18, United States Code, is amended by adding the words "except.22 caliber rimfire ammuni-tion" after the words "or ammunition". (b) Section 923(9), title 18, United States Code, is amended by adding the words "except.22 caliber rimfire ammunition" after the words "and ammunition" the first time they appear.
96 STAT.1924 - PUBLIC LAW 97-877-DEC,21,1982 Sec.166. Notwithstanding ny other-provision of law, an addi-1 tional amount of $2,000,000 shall be available to the Secretary of Labor to enter into a contractual or other agreement to support social science and historical studies of international labor issues. Sec.167. Notwithstanding any other provision of this joint resolu-s tion, there is appropriated to the Department of the Interior $3,000,000 for National Park Service Construction. Approved December 21,1982.
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LEGISLATIVE HISIURY-l!J. Res. 631: HOUSE REPORT: No. 97-959 (Comm. on Appropriations) and No. 97-980 (Comm. of Conferencet (X)NGRESSIONAL RECORD, Vol.128 (1982t Dec.14, considered and passed House. Dec.18,19, considered and passed Senate, amended. Dec.19 House concurred in Senate amendments with amendments. Dec. 20. Senate and House agreed to conference report. WEEKLY COMPILATION OF PmtDENTIAL DOCUMEN'IS,Vol.18. No. 51 (1982k Dec. 21. Presidential statement. O}}