H.J. RES. 599 JOINT RESOLUTION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85M01133R000100140011-2
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 46
• Document Creation Date: December 21, 2016
• Document Release Date: September 12, 2008
• Sequence Number: 11
• Publication Date: September 23, 1982
• Content Type: REPORT

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97TH CONGRESS
2D SESSION
Calendar No. 850
He Je RES. 599
[Report No. 97-581]
IN THE SENATE OF THE UNITED STATES
SEPTEMBER 23 (legislative day, SEPTEMBER 8), 1982
Read twice and referred to the Committee on Appropriations
SEPTEMBER 23 (legislative day, SEPTEMBER 8), 1982
Reported by Mr. HATFIELD, with amendments
[omit the part struck through and insert the part printed in italic]
JOINT RESOLUTION
Making continuing appropriations for the fiscal year 1983, and
for other purposes.
1 Resolved by the Senate and House of Representatives
2 of the United States of America in Congress assembled,
3 That the following sums are hereby appropriated, out of any
4 money in the Treasury not otherwise appropriated, and out of
5 applicable corporate or other revenues, receipts, and funds,
6 for the several departments, agencies, corporations, and other
7 organizational units of the Government for the fiscal year
8 1983, and for other purposes, namely:
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1 SEC. 101. (a)(1) Such amounts as may be necessary for
2 continuing projects or activities (not otherwise specifically
3 provided for in this joint resolution) which were conducted in
4 the fiscal year 1982 and for which appropriations, funds, or
5 other authority would be available in the following appropri-
6 ations Acts:
7 Agriculture, Rural Development, and Related
8 Agencies Appropriation Act, 1983;
9 Departments of Commerce, Justice, and State,
10 the Judiciary, and Related Agencies Appropriation
11 Act, 1983;
12 District of Columbia Appropriation Act, 1983;
13 Ener- ftftd Water
14 Aet-, 43;
15 e? Hettsiiig Urban Develop
16 mefit t Ae-t-, 4;
17 Department of Transportation and Related Agen-
18 cies Appropriation Act, 1983; and
19 Treasury, Postal Service and General Govern-
20 ment Appropriation Act, 1983.
21 (2) Appropriations made by this subsection shall be
22 available to the extent and in the manner which would be
23 provided by the pertinent appropriation Act.
24 (3) Whenever the amount which would be made availa-
25 ble or the authority which would be granted under an Act
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1 listed in this subsection as passed the House as of October 1,
2 1982, is different from that which would be available or
3 granted under such Act. as passed by the Senate as of
4 October 1, 1982, the pertinent project or activity shall be
5 continued under the lesser amount or the more restrictive
6 authority: Provided, That where an item is included in only
7 one version of an Act as passed by both Houses as of October
8 1, 1982, the pertinent project or activity shall be continued
9 under the appropriation, fund, or authority granted by the
10 one House, but at a rate for operations of the current rate or
11 the rate permitted by the action of the one House, whichever
12 is lower, and under the authority and conditions provided in
13 applicable appropriation Acts for the fiscal year 1982: Pro-
14 vided further, That for the purposes of this joint resolution,
15 when an Act listed in this subsection has been reported to the
16 House or the Senate but not passed by the that House as of
17 October 1, 1982, it shall be deemed as having been passed by
18 the that House.
19 (4) Whenever an Act listed in this subsection has been
20 passed by only the one House as of October 1, 1982, the
21 pertinent project or activity shall be continued under the ap-
22 propriation, fund, or authority granted by the that House, but
23 at a rate for operations of the current rate or the rate permit-
24 ted by the action of the that House, whichever is lower, and
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1 under the authority and conditions provided in applicable ap-
2 propriation Acts for the fiscal year 1982.
3 (5) No provision which is included in an appropriation
4 Act enumerated in this subsection but which was not includ-
5 ed in the applicable appropriation Act of 1982, and which by
6 its terms is applicable to more than one appropriation, fund,
7 or authority shall be applicable to any appropriation, fund, or
8 authority provided in the joint resolution unless such provi-
9 sion shall have been included in identical form in such bill as
10 enacted by both the House and the Senate.
11 (b) Such amounts as may be necessary for continuing
12 the following activities, not otherwise provided for, which
13 were conducted in the fiscal year 1982, under the current
14 terms and conditions and at a rate to maintain current oper-
15 ating levels:
16 activities under the purview of the Departments
17 of Labor, Health and Human Services, and Education,
18 and Related Agencies Appropriation Act, 1982, as pro-
19 vided for in Public Law 97-92; and
20 activities, including those activities con-
21 ducted pursuant to section 167 of the Energy Policy
22 and Conservation Act of 1975 (Public Law 94-163),
23 as amended, for which provision was made in the De-
24 partment of the Interior and Related Agencies Appro-
25 priation Act, 1982: Provided, That no programs or
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1 facilities funded therein may be terminated unless such
2 termination is specifically approved in the appropri-
3 ations process, including reprograming.
4 (c) Srtteh amounts as nay be necessary far eat
5 activities -which were n acted i the fiscal year 1082, ?ef
6 whieh provision was made i t the of Defense 4p-
7 -et, 1082, trader the current terms and eondi
8 tients and at a Hate far operations net io exeess of the current
9 rate until such time that the Depaftffiefilb of Defense e-
10 priation Ae~, 1983, is reported in of s4seqttefftly passed by
11 the Haase of Repfeseiitfttives, wher-ettpoii such its oe
12 tt}ay be necessary shall become available at a rate ?er eper
as
13 atises fef g acrd trader the terms ot+d conditions
14 provided ?er i* such Aet far the fiscal year
15 1488, as repented in or passed by the House of T'epresenta
16 Lives: Provided, eo of ?ttad made available
17 of any granted pur-sttftfit to this pPfPzgr-ftph shall be used
18 to initiate of restore any project of activity for whieh ppre
19 priatien; funds, of other authority were net available daring
20 the ?i-seal year 1982 until such time that the Pepaftffleiit of
21 A-et-, 1983,, is repented in of subse
22 qtteiitly passed by the House of Repfeseiitativesi . Provided
23 fwq-theq-, That tie appropriation of fund made available of ott-
24 therity granted pttr-sttaiit to this paragraph shall be used to
25 initiate wee procure
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1 ffient ?undiftg ?ef eeeeemie girder quefitity pfeettfeme ? ?ss
2 spy exeept ?ef the following pfe-
3 grays an4 mss: AN'ALQ 136 Radaf Jamming Sys-
4 $14,900,0 ; NATO Seaspar-r-ow 9rdalt Ki
5 03,000,0 : Provided f urtheq-, none of the funds ap-
6 pf epr4ated of ffiade awe puf sttftn t-a this paragraph s
7 be obligated of expende ?ef a speeial classified program a?t-
8 ther-ize is seetieft 4 of the Department e? Defense Au-
9 t ion A-et-, 4484 die Law 97 Previde fu-r-
10 t-her, Th4 e e? the funds ftppfepfiat of ffia& ftvftilftble
11 pufsttafit to t-hia paragraph ?ef the pfty e? ffieffibefs e? the
12 eeifefffled services shall beft-eftilpblete pay afinemberof
13 theeeifer-ffied s es avariable hettsifi allewetnee pttfsttaiit
14 t-e section 403(a ) of tide Uflited mates bed i t att
15 amount that is gr-eater the amount whieh weidid have
16 been payable to such meffibef if the rates of basic zz?llewaniee
17 ?ef quarters fef ffieffibefs of the unifefffied services ia effect
18 oft ~epteffiber 84; 1982, been Wised by 8 percent ea
19 October 4 4982: Provided fu, none of the funds
20 er ffta& ftvai6ble pttf suafit t-e tis paragraph
21 s be awe fef ate con ersion of as ?t4l time Vesitiefis
22 ia support of the Afffly Reserve, Aif fie, Ar- National
23 Guard, and Air Nmienit! Gttetfd by e er Reserve Mili-
24 #a-fy Per-son , from ei~vihafi positiefts designated "military
25 technic s" e positions. Notwithstanding any other
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1 provision of this joint resolution, except section 102, such
2 amounts as may be necessary for continuing projects and
3 activities under the terms and conditions and to the extent
4 and in the manner as provided in the Department of Defense
5 Appropriations Act, 1983, (S. 2951) as reported to the
6 Senate on September 23, 1982.
7 (d) Such amounts & ffmy he necessary ?ef eel
8 the ? es of the Foreign Assisteatee 144 of
9 11482, Publie Law 147 121, under the terms and eenditions,
and a the rat-c-, provided fef i that Aet of a+ the rate pre-
11 viand fer ie he budgetestiffites, whiehever- ie lowed and
12 ender the more restrictive Such amounts as may
13 be necessary for continuing projects and activities (not other-
14 wise specifically provided for in this joint resolution) which
15 were conducted in fiscal year 1982 and for which appropri-
16 ations, funds, or other authority would be available in the
17 Foreign Assistance Appropriations Act, 1983, under the cur-
18 rent terms and conditions and at a rate for operations of the
19 current rate notwithstanding section 10 of Public Law 91-
20 672, and section 15(a) of the State Department Basic Au-
21 thorities Act of 1956, or any other provision of law: Pro-
22 vided, That amounts allocated to each country under this
23 paragraph shall not exceed those provided in fiscal year 1982
24 unless submitted through the regular reprograming proce-
25 dures of the Committees on Appropriations: Previ4e fr-
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1 That economic atF4 failitafy assistance shall be available
2 to del at the fate provided by; and under the terms end
3 ems of-, Publie Law 07113.
4 (e) Netwithstafi4iiig the provisions of section 4$N of this
5 joint rester such amounts as fftay be necessary fer een-
6 tinning projects end activities under all the conditions aid to
7 the extent acrd in the manner as preceded in 7073 enti-
8 fled th
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10 smell be effective ae if enaeted irate is ; exeept that the previ-
11 liens of section 447 (e) Pa}; and (d) of H.R. shall apply
12 to any , fund of Pttther-ity made wvailfthle far the
13 peried October 4-, 1082, through Fly 28-, 1983, by this
14 of any ether A!et-. Such amounts as may be necessary for
15 continuing projects and activities under all the conditions
16 and to the extent and in the manner as provided in S. 2939,
17 entitled the Legislative Branch Appropriation Act, 1983, as
18 reported September 22, 1982, and the provisions of S. 2939
19 shall be effective as if enacted into law. Notwithstanding any
20 other provision of this joint resolution, for payment to Patri-
21 cia Ann Benjamin, wife of Adam Benjamin, Junior, late a
22 Representative from the State of Indiana, $60,663.
23 (f) Such amounts are available as may be necessary for
24 projects or activities provided for in H.R. 6968, the Military
25 Construction Appropriations Act, 1983,' as passed the House
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1 on August 19, 1982, at a rate for operations and to the
2 extent and in the manner provided for in such Act: Provided,
3 That whenever the amount which would be made available or
4 the authority which would be granted in this subsection is
5 different from that which would be available or granted under
6 such Act for each pertinent project or activity, as reported to
7 the Senate on September 22, 1983, the pertinent project or
8 activity shall be continued under the lesser amount or the
9 more restrictive authority.
10 (g) Notwithstanding any other provision of this joint
11 resolution such amounts as may be necessary for continuing
12 projects and activities under all the conditions and to the
13 extent and in the manner as provided in H.I. 6956, entitled
14 the HUD-Independent Agencies Appropriations Act, 1983,
15 as reported September 16, 1982, to the Senate and the provi-
16 sions of H. II. 6956 shall be effective as if enacted into law.
17 (h) Such amounts as may be necessary for continuing
18 activities which were conducted in fiscal year 1982, for
19 which provision was made in the Energy and Water Devel-
20 opment Act, 1982, at the current rate of operations: Provided,
21 That no appropriation, fund or authority made available by
22 this joint resolution or any other Act may be used directly or
23 indirectly to significantly alter, modify, dismantle, or other-
24 wise change the normal operation and maintenance required
25 for any civil works project under Department of Defense-
H.J. 599 RS--2
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1 Civil, Department of the Army, Corps of Engineers-Civil,
2 Operation and Maintenance, General, and the operation and
3 maintenance activities funded in Flood Control, Mississippi
4 River and Tributaries: Provided further, That no appropri-
5 ation or fund made available or authority granted pursuant
6 to this paragraph shall be used to. initiate or resume any
7 project or activity for which appropriations, funds, or other
8 authority were not available during the fiscal year 1982:
9 Provided further, That no appropriation, fund or authority
10 made available to the Department of Energy by this joint
11 resolution or any other Act, shall be used for any action
12 which would result in a significant reduction of the employ-
13 ment levels for any program or activity below the employment
14 levels in effect on September 30, 1982.
15 SEC. 102. Appropriations and funds made available and
16 authority granted pursuant to this joint resolution shall be
17 available from October 1, 1982, and shall remain available
18 until (a) enactment into law of an appropriation for any
19 project or activity provided for in this joint resolution, or (b)
20 enactment of the applicable appropriation Act by both
21 Houses without any provision for such project or activity, or
22 (c) Febr-ua 28 11483 December 22, 1982, whichever first
23 occurs.
24 SEC. 103. Appropriations made and authority granted
25 pursuant to this joint resolution shall cover all obligations or
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1 expenditures incurred for any project or activity during the
2 period for which funds or authority for such projects or activi-
3 ty are available under this joint resolution.
4 SEC. 104. Expenditures made pursuant to this joint res-
5 olution shall be charged to the applicable appropriation, fund,
6 or authorization whenever a bill in which such applicable ap-
7 propriation, fund, or authorization is contained is enacted into
8 law.
9 SEC. 105. Any appropriation for the fiscal year 1983
10 required to be apportioned pursuant to section 665 of title 31,
11 United States Code, may be apportioned on a basis indicating
12 the need (to the extent any such increases cannot be absorbed
13 within available appropriations) for a supplemental or defi-
14 ciency estimate of appropriation to the extent necessary to
15 permit payment of such pay increases as may be granted pur-
16 suant to law to civilian officers and employees and to active
17 and retired military personnel. Each such appropriation shall
18 otherwise be subject to the requirements of section 665 of
19 title 31, United States Code.
20 SEC. 106. In accordance with Public Law 97-257 of
21 September 10, 1982, not to exceed an annual rate of
22 $13,500,000 from the fees collected and credited to the "Sal-
23 aries and Expenses" appropriation of the Federal Bureau of
24 Investigation to process fingerprint identification records for
25 noncriminal employment and licensing services, shall be
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1 available for salaries and other expenses incurred in provid-
2 ing such services.
3 mac-. 447-. Netwithstaft4iftg any ether provision of this
4 joint resolution exeept section 442, fidndiiig for Depar-tmefl
5 o?Enefgy, National Security 12fegfaffis (for-faefly Operating
6 Expenses and Plant and Capital wont, Atomic Energy
7 Defense Activities), Bonneville Bower Administration FtHA
8 of Defense Civil-, De-
9 paftffiefit of the Army, Corps of Efigkieefs Civil,
10 and Maintenance effti and the operation and mainte
11 oaoee activities fttiide in Feed Centrol, Mississippi River
12 and Tributaries, shall be at the same levels and subject to the
13 same eeftditieiis ?ied fef these activities in the Energy
14 and der bill for fiscal year
15 1983 and aeeemVftiiyiftg report, oe reported to he House.
16 SEC. 4$8 107. Notwithstanding any other provision of
17 this joint resolution, the New England Division of the United
18 States Army Corps of Engineers shall be maintained as a
19 Division with all of the duties and functions of a Division
20 retained and shall not be redesignated a District or any other
21 type office, other than Division.
22 SEC. 4$9 108. Of amounts appropriated for the Water
23 Resources Council, Water Resources Planning, for prepara-
24 tion of assessments and plans, in Public Law 97-88, not
25 more than $195,000 shall remain available until expended
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1 and shall be available to pay for work performed prior to
2 fiscal year 1982 in support of the Columbia River Estuary
3 Data Development Program, if such work is accepted by the
4 Water Resources Council.
5 S 44 (44 Netwithstaft4ifig auy ether prevision of
6 1-a tte par4 of any of the funds appr-opfiat ?er the fiscal
7 year ending Septeffiber- 3 1983, by this Aet or ft" other
8 Aet-, w&y be used to pay aoy prevailing rate employee de-
9 scribed iii section 534 2(.,)(2)( n) of title 5; United States
10 Cede, or ft* e eyee eevered by seetion 5348 of that title,
11 in apt amount whieh exceeds
12 (44 for the period from October 4 , 1982, l the
13 He*t app able wagesurvey ftdjustmefit beeemes effee-
14 tip the rate .tom was payable for the applicable
15 grade attd step to such employee under the applicable
16 wage scheme that was in effect and payable on Sep-
17 tuber 3 1982; and
18 (2) for the period consisting of the per of
19 the fiscal year ending September 3 1988, a rate
20 which exceeds, as a result of a wage survey adjust
21 meat, the rate payable under (44 of this sub-
22 section by more than the overall average percentage of
23 the adjttstment. in the during the
24 ?i-seal year ending September 38; 483.
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1 the previsions of seetion ) of
2 Publie Law 92 392 of seetieii 704(b) of the C i Service
3 Reform Aet of 1978, the previsions of subsection (a) of this
4 seetion shall app4y (ln such manner as the Office of personnel
5 Alaftageme shall fi e) to pfevftilifig fa~e a oyees to
6 wheffi such section applies, except that the provisions of
7 subsection (a) fftay net apply to any increase in a wage sehed
8 nle of rate which is required by the terns of a e ntraet en-
9 tered into before the date o?enactment of this
10 (e) per the poses ofstibseetien (a-) of thisseetiett; the
11 rate pay"Ie to any employee who is covered by this section
12 and who is paid from a sehedule which was net in existence
13 on Septeftibef SO; 1982, shall be determined under regula
14 bens prescribed by the Wit.
15 (d} The provisions of this section shall apply only with
16 respect to pay ?er services by a??eeted employees
17 after the date ofettaetfifteiit of this Act.
18 (e) per the purpose of adffliflistefi-fig arry prevision of
19 lam ; of regulation which pf&vides pfefflittm pay; retire
20 meat; life i of any other employee benefit, which
21 requires any d o of contribution, of which imposes any
22 Of lifilitatieft, on the hasiso?ft fateOf 80,10,fy Of
23 basic pay,- the rate of salary of basic pay payable after the
24 application of this section shall be treated as the rate of
25 salary or basic pay
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1 N*e-. 444- No pff4 of a "yea iii-, Of
2 funds maple available by this of arry ether A-et-, shall be avail
3 able fef aew ageriey to t+fty to the Adffiinistfft of the Gener
4 al a higher rate per spa e feet fef
5 rental of s ee ftffd s (established pttfsttant to seetieni
6 2100) of the Federal Property and n dministrativc Services
7 4et of 1940, an ate) thftn the e pe s e feet estab
8 lisped fef the s ee and services by 4ie Gene
9 fef the current fiscal year and fef whieh ap-
10 were gf affted: ~revided, That no part of any ag-
11 eentaift of funds made available by this Of
12 et-hff A-et-, Aiff4 be avalablle?era -yageeeyteptethe
13 Adffiiflistr-ft of the Geflefft! Services Adffliflistfft ~ a
14 higher rate per she feet fef rental space end services (es-
15 tabkehed pttr-sttant to section of the Jueder-al Property
16 and n d~~'inistrativ Sefviees 4,4 of 1949, an amen
17 the rate pe sure feet established ?er the wee and
18 by the General Services Admiiiistfft ?er the fiscal year
19 1482.
20 SEC. 109. None of the funds provided in this joint reso-
21 lution shall be obligated to dispose of any large public land
22 tracts, real estate holdings, and lands with national environ-
23 mental or economic value until such time as the General
24 Services Administration, the Property Review Board, or
25 other agencies as required under Executive Order 12348 has
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1 specifically identified them as no longer being needed by the
2 Federal Government; inventoried them as to their public
3 benefit values; provided opportunities for public review and
4 discussion of the property proposed for disposal; and provided
5 notice to the Congress of that property proposed for disposal
6 and of plans for carrying out such disposal.
7 SEC. 44-2 110. Notwithstanding any other provision of
8 this joint resolution except section 102, moneys deposited into
9 the National Defense Stockpile Transaction F+tffd under see-
10 tion 9(6) of the Strategic and meal Materials Stock Piling
11 feet X50 :U.S.C. )) are hereby ode ,lable, subject to
12 such lie ions es ffifty be premed Acts
13 and in section 5(a)(1) of such ~ until expended fef the
14 aequisifieft of strategic and critical materials under section
15 6(a)(1) of such feet (-and fur 4ftfispeftat and other ineiden
16 tal expenses related to such This park ap-
17 plies witheat fiscal year limitation to moneys deposited into
18 the fund before, en; of after October 4 1982: Prev That
19 ding the fiscal year ending on der 1983, net
20 more than $120,000,000 in addition to amounts pr-eviettsly
21 , may be obligated from amounts in the National
22 Defense Stoekpile Transaction Fund fur the acquisition of
23 strategic and critical materials under section 6(a)(1) of the
24 Strategic and Critical Matefials Steep Piling Aet (50 U.S.C.
25 98c(a)(1)) and fef transporta 'ion and other incidental e*-
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1 penses r-elftted to such aeqttisitieft for acquisition of strategic
2 and critical materials and for transportation and other inci-
3 dental expenses related to such acquisitions, $320,000,000,
4 which shall be derived from moneys received in the National
5 Defense Stockpile Transaction Fund established by section 9
6 of the Strategic and Critical Materials Stock Piling Act (50
7 U.S.C. 98h), as amended by Public Law 97-35 (95 Stat.
8 381), and shall remain available until expended: Provided,
9 That of this amount $200,000,000 shall be obligated for the
10 purchase of domestic copper mined and smelted in the United
11 States after September 30, 1982.
12 SEc. 4 111. Notwithstanding any other provision of
13 this joint resolution, funds available to the Federal Building
14 Fund within the General Services Administration may be
15 used to initiate new construction, purchase, advance design,
16 and repairs and alteration line-item projects which are includ-
17 ed in the Treasury, Postal Service and General Government
18 Appropriation Act, 1983, as reported to the House or the
19 Senate.
20 SEc 4 Fftnds pfe-,44ed by t tis joi r ion ?ef
21 Bests 1e t;n,,e the ifflplemettt of peed
22 in the Pistr-iet of Coluffibift Statehee
23 tier In e L&w8 171) shall beftpplied 4f-A toward
24 ensuring voter education of the pfoposed stit.,tion vby (-a4
25 Wig, by the Statehood , of the pfoposed een-
H.J. 599 RS--3
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1 stitution together with objective statements both ?ef ft *d
2 against its previsions as expressed by the Convention de4e-
3 gates taking such positions; (b) fflailki of this i4effflatieft to
4 the registered voters of the diet of Caluffibi by October
5 4& 1982; and (e) preparing fef publieation as a publie deee-
6 rent a eefflpfehen legislative history of the proposed eon-
7 stn ittrtion.
8 SEC. 446 112. Notwithstanding any other provision of
9 this joint resolution except section 102, there are appropri-
10 ated to the Postal Service Fund sufficient amounts so that
11 postal rates for all preferred-rate mailers covered by section
12 3626 of title 39, United States Code, shall be continued at
13 the rates in effect on July 28, 1982 (step 13): Provided, That
14 mail for overseas voting and mail for the blind shall continue
15 to be free: Provided further, That six-day delivery and rural
16 delivery of mail shall continue at the 1982 level.
17 SEC. 446 113. Funds appropriated in Public Law 97-
18 257 to the United States Fish and Wildlife Service for "Con-
19 struction and anadromous fish" and to the Office of Surface
20 Mining Reclamation and Enforcement for "Abandoned Mine
21 Reclamation Fund" shall remain available until expended.
22 SEC. 414 114. Notwithstanding section 101(a)(4) of this
23 joint resolution, funds shall be available for the United States
24 Court of Appeals for the Federal Circuit at an annual rate
25 not to exceed $4,146,000.
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1 SE 4-18. Notwithst?ndiflg ft*y eOdief prevision Of law
2 of of 44,1 joint r l?'tionr ^ ID /afr C 1414, Agefle-y fec If,
3 tefnatienal , all be e tended fec fte additional
4 tree yeas
5 SEC. 4 115. Notwithstanding any other provision of
6 this joint resolution, there is appropriated $36,500,000, to
7 remain available until expended, for Smithsonian Institution
8 "Construction" to carry out the provisions of Public Law
9 97-203 to construct a building for the Museum of African
10 Art and a gallery for Eastern art together with structures for
11 related educational activities in the area south of the original
12 Smithsonian Institution Building, including not to exceed
13 $100,000 for services as authorized by 5 U.S.C. 3109: Pro-
14 vided, that except for funds obligated or expended for plan-
15 ning, administration, and management expenses, and archi-
16 tectural or other consulting services, no funds herein appro-
17 priated shall be available for expenditure until such time as
18 the Chancellor of the Smithsonian Institution certifies that
19 all required matching funds are actually on hand or available
20 through legally binding pledges.
21 SEC. 4-0 116. Notwithstanding any other provision of
22 this joint resolution, there is appropriated $242,118,000, to
23 remain available until expended, for Department of Energy
24 "Strategic Petroleum Reserve" to carry out the provisions of
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20
1 Sections 151 through 166 of the Energy Policy and Conser-
2 vation Act of 1975 (Public Law 94-163).
3 SEC. 4-24 117. Notwithstanding section 101(a)(4) of this
4 joint resolution, of the funds provided for the Salaries and
5 Expenses appropriation of the Small Business Administration
6 under this joint resolution, an annual rate of $4?000,000
7 $11,000,000 shall be available only for grants for Small
8 Business Development Centers as authorized by section 20(a)
9 of the Small Business Act, as amended.
10 SEC. 4-9118. ,n 444of 4iii
11 jei resolution, nerve of he funds pf"ided by Q+iff j reso-
12 hitieti ?ef the Legal Services Cefpefati shall be expend
ed
13 ?ef ftfly of limited byofeefi4a+y to fffiy of
14 to provisions of 1 3480, ae paste the House of Repfe
15 set e X 1981. Notwithstanding section 101 of
16 this joint resolution, none of the sums provided by this joint
17 resolution for the Legal Services Corporation shall be ex-
18 pended to provide legal assistance for or on behalf of any
19 alien unless the alien is a resident of the United States and
20 is-
21 (1) an alien lawfully admitted for permanent resi-
22 Bence as an immigrant as defied by sections
23 101(a) (15) and 101(a) (20) of the Immigration and
24 Nationality Act (8 U.S.C. 1101(a) (15), (20));
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1 (2) an alien who is either married to a United
2 States citizen or is a parent or an unmarried child
3 under the age of twenty-one years of such a citizen and
4 who has filed an application for adjustment of status to
5 permanent resident under the Immigration and Na-
6 tionality Act, and such application has not been
7 rejected;
8 (3) an alien who is lawfully present in the United
9 States pursuant to an admission under section 207 of
10 the Immigration and Nationality Act (8 U.S.C. 1157,
11 relating to refugee admissions) or who has been
12 granted asylum by the Attorney General under such
13 Act; or
14 (4) an alien who is lawfully present in the United
15 States as a result of the Attorney General's withhold-
16 ing of deportation pursuant to section 243(h) of the
17 Immigration and Nationality Act (8 U.S.C. 1253(h)).
18 an alien who is lawfully present in the United States as a
19 result of being granted conditional entry pursuant to section
20 203(a)(7) of the Immigration and Nationality Act (8 U.S.C.
21 1153(a)(7)) before April 1, 1980, because of persecution or
22 fear of persecution on account of race, religion, or political
23 opinion or because of being uprooted by catastrophic natural
24 calamity shall be deemed, for purposes of section 1007(b)(11)
25 of the Legal Services Corporation Act, to be an alien de-
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1 scribed in subparagraph (C) of such section: Provided fur-
2 ther, That none of the funds appropriated in this Act shall be
3 used by the Legal Services Corporation in making grants or
4 entering into contracts for legal assistance unless the Corpo-
5 ration insures that any recipient organized primarily for the
6 purpose of providing legal assistance to eligible clients is gov-
7 erned by a body at least 60 per centum of whose membership
8 consists of attorneys who are admitted to practice in the State
9 in which the legal assistance is to be provided and who are
10 appointed to terms of office on the governing body by the
11 governing bodies of State, county, or municipal bar associ-
12 ations the membship of which represents a majority of the
13 attorneys practicing law in the locality in which the recipient
14 is to provide legal assistance. An such attorney, while serving
15 on such board, shall not receive compensation from a recipi-
16 ent: Provided further, That none of the funds appropriated in
17 this Act shall be expended by the Corporation to participate
18 in litigation unless the Corporation or a recipient of the Cor-
19 poration is a party, or a recipient is representing an eligible
20 client in litigation in which the interpretation of this title or a
21 regulation promulgated under this title is an issue, and shall
22 not participate on behalf of any client other than itself: Pro-
23 vided further, That none of the funds appropriated in this Act
24 shall be available to any recipient to be used-
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1 (A) to pay for any personal service, advertise-
2 ment, telegram, telephone communication, letter, print-
3 ed or written matter, or other device, intended or de-
4 signed to influence any decision by a Federal, State,
5 or local agency, except where legal assistance is pro-
6 vided by an employee of a recipient to an eligible client
7 on a particular application, claim, or case which di-
8 rectly involves the client's legal rights and responsibil-
9 ities, or
10 (B) to influence any Member of Congress or any
11 other Federal, State, or local elected official to favor or
12 oppose any Acts, bills resolutions, or similar legisla-
13 tion, or any referendum, initiative, constitutional
14 amendment, or any similar procedure of the Congress,
15 any State legislature, any local council, or any similar
16 governing body, except that this subsection shall not
17 preclude such funds from being used in connection
18 with communications made in response to any Federal,
19 State, or local official, upon the formal request of such
20 official: Provided further, That none of the funds ap-
21 propriated in this Act shall be used to bring a class
22 action suit against the Federal government or any
23 State or local government except in accordance with
24 policies or regulations adopted by the Board of Direc-
25 tors of the Legal Services Corporation.
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1 SEC. 4 119. No provision in any appropriation Act
2 for the fiscal year 1983 that makes the availability of any
3 appropriation provided therein dependent upon the enactment
4 of additional authorizing or other legislation shall be effective
5 before the date set forth in section 102(c) of this joint resolu-
6 tion.
7 ether prevision of this
8 in the ease of arry e nployee of the Federal
9 G over,,, who is iiidebted to the United States, as deter-
10 mined by a eeurt of the United States in an action er suit
11 brought against such e nployee by the the
12 amount of the naebt a? be ealleeted in monthly in-
13 ry+a' effieially estb fegttiftf pay period i~-
14 tervals, by din in r bile amounts from the current
15 pay account of t4ein4ividual. e dedffe6eii-s fi+fty be made
16 oily from basic pay special pay; incentiive paw of in the
17 ease of an individual net entitled to basic pay; ether author
18 i*ed pay- Colion Aift4 be made over e period net greater
19 than the anticipated period The amount de-
20 ducted fef any period may net exceed fourth of the pay
21 from Leh the deduction is ffiade, unless the dedttetieii of
a
22 greater a neunrt is necessary to fffftke the eeln grin the
23 pefie of +
ant"f~ cffiploym 1? the individual fetifes er
24 resigns, er if bis efflpleyffle ot~w ise ends- before eellee-
25 then of the a nount of the indebtedness is eempleted, dedtte
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1 tie* shall be made from litter pay is of aey nfftuf e die to
2 the in4i-4dttal from the United States
3 Sc. E4 120. Of the amounts available at
4 an annual rate under this joint resolution for the exchange
5 programs of the United States Information Agency,
6 , $80,886,000 shall be available for the Fulbright
7 and International Visitor Programs, $2,620,000 $3,147,000
8 shall be available for the Humphrey Fellowship Program and
9 $8,630,000 shall be available for the Private
10 Sector Programs.
11 SEc. 446 121. None of the funds provided in this Joint
12 Resolution shall be obligated for any aspect of the processing
13 or issuance of permits or leases pertaining to exploration for
14 or development of coal, oil, gas, or geothermal resources on
15 Federal lands within any component of the National Wilder-
16 ness Preservation System or within any Forest Service
17 RARE II areas recommended for wilderness designation or
18 allocated to further planning in Executive Communication
19 1504, Ninety-Sixth Congress (House Document numbered
20 96-119); or within any lands designated by Congress as wil-
21 derness study areas.
22 SEc. 4 122. No reduction in the amount payable to
23 any State under title IV of the Social Security Act with re-
24 spect to any of the fiscal years 1977 through 1982 shall be
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1 made prior to the date on which this resolution expires on
2 account of the provisions of section 403(h) of such Act.
3 SEC. 123. Notwithstanding any other provision of this
4 joint resolution except section 102, funds shall be available
5 for the special supplemental food program as authorized by
6 section 17 of the Child Nutrition Act of 1966 (42 U.S.C.
7 1786), at the rate and under the terms and conditions pro-
8 vided for in H.R. 7072 as reported to the Senate on Septem-
9 ber 22, 1982.
10 SEC. 124. Notwithstanding any other provision of law
11 or this joint resolution, except section 102, an amount for
12 those International Financial Institutions referred to in title
13 I of Public Law 97 121, the Foreign Assistance and Related
14 Program Appropriations Act, 1982, as is equal to the total
15 for such institutions in that title, may be allocated by the
16 President among those institutions in a manner which does
17 not exceed the limits established in authorizing legislation.
18 SEC. 125. Notwithstanding any other provision of law
19 except section 209(g) of the Highway Revenue Act of 1956 or
20 any other provision of this joint resolution, the authoriza-
21 tions, apportionments, and the obligation limitation for the
22 Federal-aid highways program made available for obligation
23 in fiscal year.1982 shall apply for fiscal year 1983 in the
24 same manner and to the same extent as enacted for fiscal
25 year 1982: Provided, That the interstate cost estimate and
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1 the authorization for the one-half of 1 per centum minimum
2 apportionment in effect for fiscal year 1983 shall apply for
3 fiscal year 1984 in the same manner and to the same extent
4 as enacted for fiscal year 1983: Provided further, That the
5 interstate system authorization enacted in section 108(b) of
6 the Federal-aid Highway Act of 1956 as amended for fiscal
7 year 1984 shall not be affected by this section.
8 SEC. 126. Notwithstanding any other provision of this
9 joint resolution, except section 102, and notwithstanding any
10 other provision of law for payments to air carriers of so much
11 of the compensation fixed and determined by the Civil Aero-
12 na ut ics Board under section 419 of the Federal Aviation Act
13 of 1958, as amended (49 U.S.C. 1389), as is payable by the
14 Board, $48,400,000 is appropriated to remain available
15 until expended, and such amounts as may be necessary to
16 liquidate obligations incurred prior to September 30, 1982,
17 under 49 U.S.C. 1376 and 1389: Provided, That, notwith-
18 standing any other provision of law, none of the funds herea f-
1 9 ter appropriated by this joint resolution or any other Act
20 shall be expended under section 406 (49 U.S.C. 1376) for
21 services provided after September 30, 1982: Provided fur-
22 ther, That, notwithstanding any other provision of law or of
23 the previous provision of this paragraph, payments shall be
24 made from funds appropriated herein and in accordance with
25 the provisions of this paragraph to carriers providing, as of
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28
1 September 30, 1982, services covered by rates fixed under
2 section 406 of the Federal Aviation Act (excluding services
3 covered by payments under section 419(a)(7) and services in
4 the State of Alaska): Provided further, That, notwithstanding
5 any other provision of law, such payments shall be based
6 upon rate orders applicable to such carriers as of July 1,
7 1982, but shall not exceed $13,500,000 in the aggregate:
8 Provided further, That, notwithstanding any other provision
9 of law, to the extent necessary to meet this limitation, such
10 payments shall be reduced by a percentage which is the same
11 for all carriers eligible for such payments: Provided further,
12 That nothing in this joint resolution shall be deemed to pre-
13 vent the Board from granting an application under section
14 419(a)(11)(A) (49 U. S. C. 1389) pertaining to a carrier re-
15 ceiving compensation under this joint resolution, in which
16 event the standards and procedures set forth in section
17 419(a)(11)(A) shall apply.
18 SEC. 127. (a) Sections 308(g) and 308a(c) of title 37,
19 United States Code, are amended by striking out "Septem-
20 ber 30, 1982" and inserting in lieu thereof "March 31,
21 1983"22 (b)(1) Section 301b(e) of title 37, United States Code,
23 is amended by striking out paragraph (2) and inserting in
24 lieu thereof the following:
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1 "(2) During the period beginning on October 14, 1981,
2 and ending on March 31, 1983, only agreements executed by
3 officers of the Navy or Marine Corps may be accepted under
4 this section.
5 "(3) During the period beginning on October 1, 1982,
6 and ending on March 31, 1983, only an agreement-
7 "(A) that is executed by an officer who-
8 "(i) has at least six but less than eleven
9 years of active duty;
10 "(ii) has completed the minimum service re-
11 quired for aviation training; and
12 "(iii) has not previously been paid special
13 pay authorized by this section; and
14 "(B) that requires the officer to remain on active
15 duty in aviation service for either three or four years;
16 may be accepted under this section. An officer from which an
17 agreement is accepted during such period may be paid an
18 amount not to exceed $4,000 for each year covered by that
19 agreement if that officer agrees to remain on active duty for
20 three years or an amount not to exceed $6,000 for each year
21 covered by that agreement if that officer agrees to remain on
22 active duty for four years. An agreement that requires an
23 officer to remain. on active duty in aviation service for six
24 years may also be accepted during such period if the officer
25 meets the requirements of clause (A) of this paragraph and
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1 such officer has completed less than seven years of active
2 duty. An officer from whom such an agreement is accepted
3 may be paid an amount not to exceed $6,000 for each year
4 covered by the agreement.
5 "(4) An officer may not receive incentive pay under
6 secton 301 of this title for the performance of hazardous duty
7 for any period of service which the officer is obligated to serve
8 pursuant to an agreement entered into under this section. "
9 (2) Section 301b(f) of title 37, United States Code, is
10 amended by striking out "September 30, 1982" and insert-
11 ing in lieu thereof "March 31, 1983 ".
12 (3) The amendments made by subsections (a) and (b)
13 shall take effect on October 1, 1982.
14 (4)(A) It is the sense of the Congress that eligibility for
15 special pay for aviation career officers under section 301b of
16 title 37, United States Code, should be made available only
17 to officers who will likely be induced to remain on active duty
18 in aviation service by receipt of the special pay.
19 (B) The Secretary of the Navy shall submit to the Con-
20 gress not later than July 1, 1983, a written report, approved
21 by the Secretary of Defense, on the payment of special pay
22 for aviation career officers under section 301b of title 37,
23 United States Code, since October 1, 1982. Such report
24 shall include-
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1 (i) a list of the specific aviation specialties by air-
2 craft type determined to be critical for purposes of the
3 payment of special pay under such section since Octo-
4 ber 1, 1982;
5 (ii) the number of officers within each critical avi-
6 ation speciality who received the special pay under
7 such section since October 1, 1982, by grade, years of
8 prior active service, and amounts of special pay re-
9 ceived under such section;
10 (iii) an explanation and justification for the Sec-
11 retary's designation of an aviation speciality as "criti-
12 cal" and for the payment of special pay under section
13 301b of such title to officers who have more than eight
14 years of prior active service and who are serving in
15 pay grade 0-4 or above, if payment of such pay was
16 made to such officers; and
17 (iv) an evaluation of the progress made since Oc-
18 tober 1, 1982, toward eliminating shortages of aviators
19 in the aviation specialties designated by the Secretary
20 as critical.
21 SEC. 128. Notwithstanding any other provision of this
22 joint resolution, there are appropriated $296,500,000 to
23 carry out title V of the Older Americans Act of 1965, of
24 which not more than $65,230,000 shall be for grants to
25 States under paragraph (3) of section 506(a) of such Act.
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1 SEC. 129. Notwithstanding any other provision of this
2 joint resolution, there are appropriated $39, 000, 000 for fiscal
3 year 1983 to carry out section 3170)(1) of the Public Health
4 Service Act, relating to preventive health service programs to
5 immunize children against immunizable diseases.
6 SEC. 130. (a) Notwithstanding any other provision of
7 this joint resolution, there are appropriated $64,432,000 to
8 carry out title X V of the Public Health Service Act.
9 (b) Notwithstanding any other provision of law, no
10 funds appropriated by this joint resolution or any other Act
11 for fiscal year 1983 for any allotment, grant, loan, or loan
12 guarantee under the Public Health Service Act or the Com-
13 prehensive Alcohol Abuse and Alcoholism Prevention, Treat-
14 ment, and Rehabilitation Act of 1970 shall be subject to re-
15 duction under section 1521(d) (2) of the Public Health Serv-
16 ice Act during the period beginning on October 1, 1982, and
17 ending on the date specified in clause (c) of section 102.
18 SEC. 131. Notwithstanding any other provision of this
19 joint resolution, there are appropriated $34,000,000 to carry
20 out section 786 of the Public Health Service Act.
21 SEC. 132. Amounts appropriated under section 101(b)
22 of this joint resolution (including amounts transferred from
23 the Federal Hospital Insurance Trust Fund or the Federal
24 Supplementary Insurance Trust Fund) shall be in addition
25 to the $45,000,000 transferred from those trust funds for
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1 fiscal year 1983 under section 118 of the Tax Equity and
2 Fiscal Responsibility Act of 1982.
3 SEC. 133. Notwithstanding section 306 of Public Law
4 96-272 or section 1132 of the Social Security Act, no pay-
5 ment shall be made, in or with respect to any fiscal year,
6 under this or any other Act, and no court shall award or
7 enforce any payment from amounts appropriated by this or
8 any other Act, to reimburse State or local expenditures made
9 prior to October 1, 1978, under title I, IV, X, X I V, X VI,
10 X I X, or X X of the Social Security Act, unless a request for
11 reimbursement had been officially transmitted to the Federal
12 Government by the State within one year after the fiscal
13 year in which the expenditure occurred.
14 SEC. 134. Notwithstanding any other provision of this
15 joint resolution, there are appropriated $18,000,000 for fiscal
16 year 1983 to carry out the Runaway and Homeless Youth
17 Act.
18 SEC. 135. Nothwithstanding any other provision of
19 law, of the funds appropriated for fiscal year 1983 to carry
20 out the Community Services Block Grant Act of 1981, not
21 more than 10 per centum of the funds allotted to each State
22 under section 674 of such Act shall be used for purposes other
23 than to make grants to eligible entities as defined in section
24 673(1) of such Act or to organizations serving seasonal and
25 migrant farmworkers or to designated limited purpose agen-
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1 cies which meet the requirements of section 673(1) of such
2 Act.
3 SEC. 136. Nothwithstanding any other provision of this
4 joint resolution, unobligated funds from fiscal year 1982 ap-
5 propriations provided for closeout activities of the Communi-
6 ty Services Administration are to remain available through
7 September 30, 1983.
8 SEC. 137. Notwithstanding any other provision of this
9 joint resolution, none of the appropriations and funds made
10 available and none of the authority granted pursuant to this
11 joint resolution shall be available for payments under section
12 5(b)(2) of Public Law 87-874, except to the extent necessary
13 to avoid undue hardship.
14 SEC. 138. Notwithstanding any other provision of this
15 joint resolution, there are appropriated $50,000,000 to carry
16 out subpart 2 of part A of the Vocational Education Act of
17 1963, which is in addition to amounts appropriated under
18 this joint resolution.
19 SEC. 139. Notwithstanding any other provision of this
20 joint resolution or section 512(b) of the Omnibus Budget
21 Reconciliation Act of 1981, there are appropriated
22 $9,000,000 for fiscal year 1983 to carry out subpart 2 of
23 part H of title XIII of the Education Amendments of 1980
24 and section 528(5) of the Omnibus Education Reconciliation
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1 Act of 1981, which shall remain available for obligation until
2 September 30, 1988.
3 SEC. 140. Notwithstanding any other provision of this
4 joint resolution, there is hereby appropriated $5,000,000
5 under title III of the United States Public Health Service
6 Act for Nursing Research activities.
7 SEC. 141. Section 93 of title 14, United States Code,
8 is amended by (1) striking out "and" at the end of subsection
9 (p); (2) striking out the period at the end of subsection (q)
10 and inserting in lieu thereof ` , and",- and (3) adding at the
11 end thereof the following new subsection: "(r) provide medical
12 and dental care for personnel entitled thereto by law or regu-
13 lation, including care in private facilities. ".
14 SEC. 142. None of the funds appropriated under this
15 joint resolution may be used by the Federal Trade Commis-
16 sion for the purpose of investigating, issuing any order con-
17 cerning, promulgating any rule or regulation with respect to,
18 or taking any other action (other than one that is already the
19 subject of litigation in the courts of the United States on or
20 before the date of enactment of this Resolution) aganist any
21 State licensed and regulated profession (as that term would
22 apply under the definition in 29 U.S.C. 152(12)) of the
23 local, State or national nonprofit membership associations
24 thereof.
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1 SEC. 143. Notwithstanding any other provision of this
2 joint resolution, except section 102, funds shall be available
3 for the United States Travel and Tourism Administration at
4 an annual rate of $7,600,000: Provided, That the number of
5 offices in foreign countries and the number of employees as-
6 signed to such offices in foreign countries, and obligations for
7 the activities of such office in foreign countries, shall not be
8 less than the numbers and amounts for fiscal year 1982.
9 SEC. 144. Notwithstanding any other provision of this
10 joint resolution, the head of any department or agency of the
11 Federal Government in carrying out any loan guarantee or
12 insurance program shall enter into commitments to guarantee
13 or insure loans pursuant to such program in the full amount
14 provided by law subject only to (1) the availability of quali-
15 fied applicants for such guarantee or insurance, and (2) limi-
16 tations contained in appropriation Acts.
17 SEC. 145. No change in the regulations subject to the
18 moratorium required by section 135 of Public Law 97-248
19 shall be promulgated in final form until one hundred and
20 twenty days after the expiration of the moratorium, during
21 which period the Department of Health and Human Services
22 shall seek public review and comment on any such proposed
23 regulations and consult with the appropriate Committee Of
24 Congress.
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1 SEC. 146. (a) Notwithstanding any other provision of
2 law to the contrary, the Secretary of Agriculture shall have
3 the authority to conduct boundary surveys of National Forest
4 System lands.
5 (b) The Secretary of Agriculture should jointly develop
6 with the Secretary of the Interior, within one hundred and
7 eighty days of enactment of this section, procedures to con-
8 duct boundary surveys of National Forest System lands.
9 (c) So much of the personnel, properties, records, and
10 unexpended balances of appropriations, allocations, and other
11 funds employed, used, held, available or to be made available,
12 in connection with the performance by the Department of the
13 Interior of boundary surveys of National Forest System
14 lands as the Director of the Office of Management and
15 Budget shall determine, shall be transferred within one hun-
16 dred and twenty days of enactment of this section to the ap-
17 propriate agency, or component, of the Department of Agri-
18 culture, except that no such unexpended balances transferred
19 shall be used for the purposes other than those for which the
20 appropriation was originally made.
21 SEC. 147. Notwithstanding any other provision of this
22 joint resolution or any other provision of law, appropriations
23 for urban and nonurban formula grants authorized by the
24 Urban Mass Transportation Act of 1964 (49 U. S. C. 1601 et
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1 seq.) shall be apportioned and allocated using data from the
2 1980 decennial census.
3 SEC. 148. Notwithstanding any other provision of this
4 joint resolution, for necessary expenses for the National Oce-
5 anic and Atmospheric Administration (NOAA) to operate the
6 civilian land remote sensing satellite system (LANDSAT),
7 $13,555, 000 above the rate provided by section 101(a) of this
8 joint resolution, shall remain available until expended.
9 SEC. 149. Of the amounts appropriated to the Depart-
10 ment of State for the purposes of "Contributions for Interna-
l1 tional Peacekeeping Activities" not more than $50, 000, 000
12 shall be available for expenses necessary for contributions to
13 a United Nations Transition Assistance Group, notwith-
14 standing section 15(a) of the State Department Basic Au-
15 thorities Act of 1956 or any other provision of law: Provided,
16 That none of these funds shall be obligated or expended for
17 contributions to the United Nations Transition Assistance
18 Group unless the President determines and reports to the
19 Congress that adequate agreement has been achieved among
20 the parties to the Namibia dispute concerning implementa-
21 tion of United Nations Security Council Resolution 435 for
22 the independence of Namibia.
23 SEC. 150. Notwithstanding any other provisions of this ;
24 joint resolution, $365,000 shall be made available for the
25 National Security Council, effective October 1, 1982, for the
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I operations of the President's Foreign Intelligence Advisory
2 Board and the President's Intelligence Oversight Board.
3 SEC. 151. $5,200,000 of the funds appropriated to the
4 National Endowment for the Humanities for "Salaries and
5 expenses" in Public Law 97-100 are hereby transferred to
6 "Matching Grants" for the purposes of section 7(h) of the
7 National Foundation on the Arts and the Humanities Act of
8 1965, as amended. Such funds shall remain available until
9 September 30, 1984.
10 SEC. 152. (a) Section 4109 of title 5, United States
11 Code, is amended by adding at the end thereof the following
12 new subsection:
13 "(c) Notwithstanding subsection (a) (1) of this section,
14 the Administrator, Federal Aviation Administration, may
15 pay an individual training to be an air traffic controller of
16 such Administration, during the period of such training, at
17 the applicable rate of basic pay for the hours of training o f fi-
18 cially ordered or approved in excess of forty hours in an ad-
19 ministrative workweek. ".
20 (b) Section 5532 of title 5, United States Code, is
21 amended by adding at the end thereof the following new sub-
22 section:
23 "(f)(1) Notwithstanding any other provision of law, the
24 retired or retainer pay of a former member of a uniformed
25 service shall not be reduced while such former member is tem-
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1 porarily employed, during the period described in paragraph
2 (2) or any portion thereof, under the administrative authority
3 of the Administrator, Federal Aviation Administration, to
4 perform duties in the operation of the air traffic control
5 system or to train others to perform such duties.
6 "(2) The provisions of paragraph (1) of this subsection
7 shall be in effect for any period ending not later than Decem-
8 ber 31, 1984, during which the Administrator, Federal Avi-
9 ation Administration, determines that there is an unusual
10 shortage of air traffic controllers performing duties under the
11 administrative authority of such Administrator. '
12 (c)(1) Chapter 55 of title 5, United States Code, is
13 amended by inserting after section 5546 the following new
14 section:
15 ""5546a. Differential pay for certain employees of the Fed-
16 eral Aviation Administration
17 "(a) The Administrator of the Federal Aviation Admin-
18 istration (hereafter in this section referred to as the 'Adminis-
19 trator) may pay premium pay at the rate of 5 per centum of
20 the applicable rate of basic pay to-
21 "(1) any employee of the Federal Aviation Ad-
22 ministration who is-
23 "(A) occupying a position in the air traffic
24 controller series classified not lower than GS-9
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1 and located in an air traffic control center or ter-
2 minal or in a flight service station;
3 "(B) assigned to a position classified not
4 lower than GS-09 or WG-10 located in an
5 airway facilities sector; or
6 "(C) assigned to a flight inspection crew-
7 member position classified not lower than GS-11
8 located in a flight inspection field office,
9 the duties of ichose position are determined by the Ad-
10 ministrator to be directly involved in or responsible for
11 the operation and maintenance of the air traffic control
12 system; and
13 "(2) any employee of the Federal Aviation Ad-
14 ministration who is assigned to a flight test pilot posi-
15 tion classified not lower than GS-12 located in a
16 region or center, the duties of whose position are deter-
17 mined by the Administrator to be unusually taxing,
18 physically or mentally, and to be critical to the ad-
19 vancement of aviation safety.
20 "(b) The premium pay payable under any subsection of
21 this section is in addition to basic pay and to premium pay
22 payable under any other subsection of this section and any
23 other provision of this subchapter. "
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1 (2) The analysis of chapter 55 of such title is amended
2 by inserting after the item relating to section 5546 the follow-
3 ing new item:
"5546a. Differential pay for certain employees of the Federal Aviation Administra-
tion. ".
4 (d) Section 5546a of title 5, United States Code (as
5 added by section 152(c) of this joint resolution), is amended
6 by adding at the end thereof the following new subsections:
7 "(c)(1) The Administrator may pay premium pay to
8 any employee of the Federal Aviation Administration who-
9 "(A) is an air traffic controller located in an air
10 traffic control center or terminal;
11 "(B) is not required as a condition of employment
12 to be certified by the Administrator as proficient and
13 medically qualified to perform duties including the sep-
14 aration and control of air traffic; and
15 "(C) is so certified.
16 "(2) Premium pay paid under paragraph (1) of this
17 subsection shall be paid at the rate of 1.6 per centum of the
18 applicable rate of basic pay for so long as such employee is so
19 certified.
20 "(d) (1) The Administrator may pay premium pay to
21 any air traffic controller of the Federal Aviation Administra-
22 tion who is assigned by the Administrator to provide on-the-
23 job training to another air traffic controller while such other
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1 air traffic controller is directly involved in the separation and
2 control of live air traffic.
3 "(2) Premium pay paid under paragraph (1) of this
4 subsection shall be paid at the rate of 10 per centum of the
5 applicable hourly rate of basic pay times the number of hours
6 and portion of an hour during which the air traffic controller
7 of the Federal Aviation Administration provides on-the job
8 training.
9 "(e)(1) The Administrator may pay premium pay to
10 any air traffic controller or flight service station specialist of
11 the Federal Aviation Administration who, while working a
12 regularly scheduled eight-hour period of service, is required
13 by his supervisor to work during the fourth through sixth
14 hour of such period without a break of thirty minutes for a
15 meal.
16 "(2) Premium pay paid under paragraph (1) of this
17 subsection shall be paid at the rate of 50 per centum of one-
18 half of the applicable hourly rate of basic pay.
19 "(f)(1) The Administrator shall prescribe standards for
20 determining which air traffic controllers and other employees
21 of the Federal Aviation Administration are to be paid premi-
22 um pay under this section.
23 "(2) The Administrator may prescribe such rules as he
24 determines are necessary to carry out the provisions of this
25 section. ".
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1 (e) Section 5547 of title 5, United States Code, is
2 amended by adding at the end thereof the following: "The
3 first sentence of this section shall not apply to any employee
4 of the Federal Aviation Administration who is paid premium
5 pay under section 5546a of this title.
6 (f) Section 8339(e) of title 5, United States Code, is
7 amended by inserting before the period "unless such
8 employee has received, pursuant to section 8342 of this title,
9 payment of the lump-sum credit attributable to deductions
10 under section 8334(a) of this title during any period of em-
11 ployment as an air traffic controller and such employee has
12 not deposited in the Fund the amount received, with interest,
13 pursuant to section 8334(d) of this title ".
14 (g) Section 8344 of title 5, United States Code, is
15 amended by adding at the end thereof the following new sub-
16 section:
17 "(h) (1) Subject to paragraph (2) of this subsection, sub-
18 sections (a), (b), (c), and (d) of this section shall not apply to
19 any annuitant receiving an annuity from the Fund while
20 such annuitant is employed, during any period described in
21 section 5532(f) (2) of this title or any portion thereof, under
22 the administrative authority of the Administrator, Federal
23 Aviation Administration, to perform duties in the operation
24 of the air traffic control system or to train other individuals
25 to perform such duties.
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1 "(2) Paragraph (1) of this subsection shall apply only
2 in the case of any annuitant receiving an annuity from the
3 Fund who, before August 3, 1981, applied for retirement or
4 separated from. the service while being entitled to an annuity
5 under this chapter. ".
6 (h)(1) The amendments made by subsections 152 (b),
7 (c), (e), and (g) of this joint resolution shall take effect at 5
8 o'clock ante meridian eastern daylight time, August 3, 1981.
9 (2) The amendments made by the subsection 152(a) and
10 subsection 152(d) of this joint resolution shall take effect on
11 the first day of the first applicable pay period beginning after
12 the date of the enactment of this joint resolution.
13 (3) The amendment made by subsection 152(f) of this
14 joint resolution shall take effect on the date of the enactment
15 of this joint resolution.
Passed the House of Representatives September 22,
1982.
Attest:
Clerk.
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