CONTINUING APPROPRIATIONS FOR FISCAL YEAR 1983

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85M01133R000100140004-0
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 21
• Document Creation Date: December 21, 2016
• Document Release Date: September 12, 2008
• Sequence Number: 4
• Publication Date: October 2, 1982
• Content Type: OPEN SOURCE

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PUBLIC LAW 97-276-OCT. 2, 1982
CONTINUING APPROPRIATIONS FOR
FISCAL YEAR 1983
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96 STAT. 1186 PUBLIC LAW 97-276-OCT. 2, 1982
Oct. 2, 1982
[H.J. Res. 599]
Continuing
appropriations
for fiscal year
1983.
Public Law 97-276
97th Congress
Joint Resolution
Making continuing appropriations for the fiscal year 1983, and for other purposes.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the following sums
are hereby appropriated, out of any money in the Treasury not
otherwise appropriated, and out of applicable corporate or other
revenues, receipts, and funds, for the several departments, agencies,
corporations, and other organizational units of the Government for
the fiscal year 1983, and for other purposes, namely:
SEc. 101. (a)(i) 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 Acts:
Agriculture, Rural Development, and Related Agencies
Appropriation Act, 1983;
Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriation Act, 1983;
District of Columbia Appropriation Act, 1983;
Department of Transportation and Related Agencies Appro-
priation Act, 1983; and
Treasury, Postal Service and General Government Appropri-
ation Act, 1983.
(2) Appropriations made by this subsection shall be available to
the extent and in the manner which would be provided by the
pertinent appropriation Act.
(3) Whenever the amount which would be made available or the
authority which would be granted under an Act listed in this
subsection as passed the House as of October 1, 1982, is different
from that which would be available or granted under such Act as
passed by the Senate as of October 1, 1982, the pertinent project or
activity shall be continued under the lesser amount or the more
restrictive authority: Provided, That where an item is included in
only one version of an Act as passed by both Houses as of October 1,
1982, the pertinent project or activity shall be continued under the
appropriation, fund, or authority granted by the one House, but at a
rate for operations of the current rate or the rate permitted by the
action of the one House, whichever is lower, and under the authority
and conditions 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 House or the Senate but not passed by that House as of
October 1, 1982, it shall be deemed as having been passed by that
House.
(4) Whenever an Act listed in this subsection has been passed by
only the House as of October 1, 1982, the pertinent project or
activity shall be continued under the appropriation, fund, or author-
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PUBLIC LAW 97-276-OCT. 2, 1982 96 STAT. 1187
ity granted by the House, but at a rate for operations of the current
rate or the rate permitted by the action of the House, whichever is
lower, and under the authority and conditions provided in applica-
ble 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 1982, 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 House and the
Senate.
(b) Such amounts as may be necessary for continuing the following
activities, not otherwise provided for, which were conducted in the
fiscal year 1982, under the current terms and conditions and at a
rate to maintain current operating levels:
activities under the purview of the Departments of Labor,
Health and Human Services, and Education, and Related Agen-
cies Appropriation Act, 1982, as provided for in Public Law
97-92; and 95 Stat. 1183.
activities, including those activities conducted pursuant to
section 167 of the Energy Policy and Conservation Act of 1975 95 Stat. 619.
(Public Law 94-163), as amended, for which provision was made 42 USC 6247.
in the Department of the Interior and Related Agencies Appro-
priation Act, 1982: Provided, That no programs or facilities 95 Stat. 1391.
funded therein may be terminated unless such termination is
specifically approved in the appropriations process, including
(c) Pending passage of the regular Department of Defense Appro-
priation Act for fiscal year 1983, such amounts as may be necessary
for continuing activities which were conducted in the fiscal year
1982, for which provision was made in the Department of Defense
Appropriation Act, 1982, but such activities shall be funded at not to 95 Stat. 1565.
exceed an annual rate for new obligational authority of
$228,700,000,000, which is an increase above the current level, and
this increase shall be distributed on a pro-rata basis to each appro-
priation account and shall operate under the terms and conditions
provided for in the applicable appropriation Acts for the fiscal year
1982: Providec4 That no appropriation or fund made available or
authority granted pursuant to this paragraph shall be used to
initiate or resume any project or activity for which appropriations,
funds or other authority were not available during the fiscal year
1982; this limitation shall include but not be limited to prohibitions
on funding availability for initial production of the MX interconti-
nental ballistic missile and for long lead or initial production of a
second nuclear-powered aircraft carrier until midnight December
17, 1982; and in addition, this limitation shall include the lower
appropriation or funding ceilings for specific projects and activities
set forth in the Department of Defense Appropriation Act, 1983, as
reported to the Senate on September 23, 1982, or as subsequently
reported to the House of Representatives: Provided further, That no
appropriation or fund made available or authority granted pursuant
to this paragraph shall be used to initiate multiyear procurements
utilizing advance procurement funding for economic order quantity
procurement unless specifically appropriated later except for the
following programs and amounts; AN/ALQ-136 Radar Jamming Sys-
tems, $14,500,000; NATO Seasparrow Ordalt Kits, $33,000,000;
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96 STAT. 1188 PUBLIC LAW 97-276-OCT. 2, 1982
continue the purchase of C-2 aircraft under a multiyear contract,
$267,800,000: Provided further, That none of the funds appropriated or
made available pursuant to this paragraph for the pay of members of
the uniformed services shall be available to pay any member of the
uniformed services a variable housi]hg 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 allowance for quarters for members of the uni-
formed services in effect on September 30, 1982, had been increased
by 8 per centum on October 1, 1982: Provided further, That pending
passage of the regular Department of Defense Appropriation Act for
fiscal year 1983, none of the funds appropriated or made available
pursuant to this paragraph shall be available for the additional
conversion of any full time personnel in support of the Army
Reserve, Air Force Reserve, Army National Guard, and Air National
Guard, from military technician to Active Guard/Reserve status:
Provided further, That none of the funds appropriated or made
available pursuant to this paragraph, except for small purchases in
amounts not exceeding $10,000, shall be available for the procure-
ment of any article of food, clothing, cotton, woven silk or woven silk
blends, spun silk yarn for cartridge cloth, synthetic fabric or coated
synthetic fabric, or wool (whether in the form of fiber or yarn or
contained in fabrics, materials, or manufactured articles), or spe-
cialty metals including stainless steel flatware, not grown, reproc-
essed, reused, or produced in the United States or its possessions,
except to the extent that the Secretary of the Department concerned
shall determine that satisfactory quality and sufficient 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, synthetic 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 when
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; Nothing in this
provision shall preclude the procurement of foreign produced spe-
cialty metals used in the production or manufacture of weapons or
weapons systems made outside the United States except those spe-
cialty metals which contain nickel from Cuba, or the procurement of
chemical warfare protective clothing produced outside the United
States, if such procurement is necessary to comply with agreements
with foreign governments; Nothing herein shall preclude the pro-
curement of foods manufactured or processed in the United States
or its possessions; No funds appropriated or made available pursu-
ant to this paragraph shall be used for the payment of a price
differential on contracts hereafter made for the purpose of relieving
economic dislocations other than certain contracts not involving fuel
made on a test basis by the Defense Logistics Agency with a
cumulative value not to exceed $5,000,000,000, as may be deter-
mined by the Secretary of Defense pursuant to existing laws and
regulations as not to be inappropriate therefor by reason of national
security considerations; That the Secretary specifically determines
that there is a reasonable expectation that offers will be obtained
from a sufficient 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 5 per
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PUBLIC LAW 97-276-OCT. 2, 1982 96 STAT. 1189
centum; None of the funds appropriated or made available pursuant
to this paragraph shall be used except that, so far as practicable, all
contracts shall be awarded on a formally advertised competitive bid
basis to the lowest responsible bidder.
(d) 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, provided for
in that Act or at the rate provided for in the budget estimates,
whichever is lower, and under the more restrictive authority
not-
,
withstanding section 10 of Public Law 91-672, and section 15(a) of
the State Department Basic Authorities Act of 1956, or any other
provision of law: Provided That amounts allocated to each country
under this paragraph shall not exceed those provided in fiscal year
1982 unless subbmitted through the regular reprograming proce-
dures of the Committees on Appropriations: Provided further, That
economic and military assistance shall be available to Israel at the
rate provided by, and under the terms and conditions of, Public Law
97-113.
(e) Notwithstanding section 102 of this joint resolution, such
amounts as may be necessary for continuing projects and activities
under all the conditions and the extent and in the manner as
provided in S. 2939, entitled the Legislative Branch Appropriation
Act, 1983, as reported Septembe r 22, 1982, an d the provisions of S.
2939 shall be effective as if enacted into law; except that the
provisions of section 306 (a), (b), and (d) of S. 2939 shall apply to any
appropriation, fund, or authority made available for the period
October 1, 1982, through December 17, 1982, by this or any other
Act.
For purposes of this subsection, S. 2939, as reported September 22,
1982, shall be treated as appropriat' the following amounts:
Under the headings "JOINT ITEMS", "CONTINGENT EXPENSES OF
THE SENATE", "Joint Economic Committee", $2,327,000, and "CON-
TINGENT EXPENSES OF THE HousE", "Joint Committee on Taxation",
$3,233,000; under the headings "CONGRESSIONAL BUDGET
OFFICE", "SALARIES AND EXPENSES", $14,825,000; under the head-
ings "ARCHITECT OF THE CAPITOL", "Salaries", $4,301,000;
under the headings "COPYRIGHT ROYALTY TRIBUNAL", "SALA-
RIES AND ExPENSES", $606,000, of which $157,000 shall be derived
from the appropriation "Payments to Copyright Owners" for the
reasonable costs incurred in proceedings involving distribution of
royalty fees as rovided by 17 U.S.C. 807; under the headings
"ENERAL ACCOUNTING OFFICE", "SALARIES AND EXPENSES',
$244,900,000.
For purposes of this subsection, S. 2939 shall be applied as follows:
The limitation on the number of staff employees of the Congres-
sional Budget Office contained in S. 2939 shall be applied by substi-
tuting "222 staff employees" for "226 staff em lo, ees ;
The fourth proviso under the headings "GOVERNMENT PRINT-
4G OFFICE", "GOVERNMENT PRINTING OFFICE REVOLVING FUND"
relating to travel expenses of advisory councils to the Public Printer,
,
contained in S. 2939 shall be effective only for fiscal year 1983.
Notwithstanding any other provision of this joint resolution, for
payment to Patricia Ann Benjamin, wife of Adam Benjamin, Junior,
late a Representative from the State of Indiana, $60,663.
(f) Such amounts are available as may be necessary for projects or
activities provided for in H.R. 6968, the Military Construction
Appropriations Act, 1983, as passed the House on August 19, 1982, at
22 USC 2412.
22 USC 2680.
95 Stat. 1519.
22 USC 2151
note.
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96 STAT. 1190 PUBLIC LAW 97-276-OCT. 2, 1982
a rate for operations and to the extent and in the manner provided
for in such Act: Provided, That notwithstanding the foregoing provi-
sion of this paragraph and not withstanding any other provision of
this joint resolution, such amounts as may be necessary for projects
or activities provided for in the Military Construction Act, 1983
(H.R. 6968), at a rate for operations and to the extent and in the
manner provided for in the conference report and joint explanatory
statement of the committee of conference as filed in the House of
Representatives on September 30, 1982, as if such Act had been
enacted into law.
(g) Such amounts as may be necessary for continuing activities
which were conducted in fiscal year 1982, for which provision was
95 Stat. 1135. made in the Energy and Water Development Act, 1982, at the
current rate of operations: Provided That no appropriation, fund or
authority made available by this joint resolution or any other Act
may be used directly or indirectly to significantly alter, modify,
dismantle, or otherwise change the normal operation and mainte-
nance required for any civil works project under Department of
Defense-Civil, Department of the Army, Corps of Engineers-Civil,
Operation and Maintenance, General, and the operation and main-
tenance activities funded in Flood Control, Mississippi River and
Tributaries: Provided further, That no appropriation or fund made
available or authority granted pursuant to this paragraph shall be
used to initiate or resume any project or activity for which appropri-
ations, funds, or other authority were not available during the fiscal
year 1982 without prior approval of the Committees on Appropri-
ations: Provided further, That no appropriation, fund or authority
made available to the Department of Energy by this joint resolution
or any other Act, shall be used for any action which would result in
a significant reduction of the employment levels for any program or
activity below the employment levels in effect on September 30,
1982.
Funding SEC. 102. Appropriations and funds made available and authority
availability. granted pursuant to this joint resolution shall be available from
October 1, 1982, and shall remain available until (a) enactment into
law of an appropriation for any project or activity provided for in
this joint resolution, or (b) enactment of the applicable appropri-
ation Act by both Houses without any provision for such project or
activity, or (c) December 17, 1982, whichever first occurs.
SEC. 103. Appropriations made and authority granted pursuant to
this joint resolution shall cover all obligations or expenditures
incurred for any project or activity during the period for which
funds or authority for such projects or activity are available under
this joint resolution.
SEC. 104. Expenditures made pursuant to this joint resolution
shall be charged to the applicable appropriation, fund, or authoriza-
tion whenever a bill in which such applicable appropriation, fund, or
authorization is contained is enacted into law.
SEC. 105. Any appropriation for the fiscal year 1983 required to be
apportioned pursuant to subchapter II of chapter 15 of title 31,
Ante, P. 928. United States Code, may be apportioned on a basis indicating the
need (to the extent any such increases cannot be absorbed within
available appropriations) for a supplemental or deficiency estimate
of appropriation to the extent necessary to permit payment of such
pay increases as may be granted pursuant to law to civilian officers
and employees and to active and retired military personnel. Each
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PUBLIC LAW 97-276-OCT. 2, 1982 96 STAT. 1191
such appropriation shall otherwise be subject to the requirements of
subchapter II of chapter 15 of title 31, United States Code. Ante, p. 928.
SEC. 106. In accordance with Public Law 97-257 of September 10,
1982, not to exceed an annual rate of $13,500,000 from the fees Ante, p. 818.
collected and credited to the "Salaries and Expenses" appropriation
of the Federal Bureau of Investigation to process fingerprint identi-
fication records for noncriminal employment and licensing services,
shall be available for salaries and other expenses incurred in provid-
ing such services.
SEC. 107. Notwithstanding any other provision of this joint resolu-
tion, the New England Division of the United States Army Corps of
Engineers shall be maintained as a Division with all of the duties
and functions of a Division retained and shall not be redesignated a
District or any other type office, other than Division.
SEC. 108. Of amounts appropriated for the Water Resources Coun-
cil, Water Resources Planning, for preparation of assessments and
plans, in Public Law 97-88, not more than $195,000 shall remain 95 Stat. 1148.
available until expended and shall be available to pay for work
performed prior to fiscal year 1982 in support of the Columbia River
Estuary Data Development Program, if such work is accepted by the
Water Resources Council.
SEC. 109. (a) Notwithstanding any other provision of law, no part 5 USC 5343 note.
of any of the funds appropriated for the fiscal year ending Septem-
ber 30, 1983, by this Act or any other Act, may be used to pay any
prevailing rate employee described in section 5342(aX2XA) of title 5,
United States Code, or an employee covered by section 5348 of that
title, in an amount which exceeds- 5 USC 5348.
(1) for the period from October 1, 1982, until the next applica-
ble wage survey adjustment becomes effective, the rate which
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
year ending September 30, 1983.
(b) Notwithstanding the provisions of section 9(b) of Public Law
92-392 or section 704(b) of the Civil Service Reform Act of 1978, the 5 USC 5343
provisions of subsection (a) of this section shall apply (in such note.
manner as the Office of Personnel Management shall prescribe) to
prevailing rate employees to whom such section 9(b) applies, except
that the provisions of subsection (a) may not apply to any increase in
a wage schedule or rate which is required 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 section, the rate Regulations.
payable to any employee who is covered by this section and who is
paid from a schedule which was not in existence on September 30,
1982, shall be determined under regulations prescribed by the
President.
(d) The provisions of this section 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
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96 STAT. 1192
PUBLIC LAW 97-276-OCT. 2, 1982
contribution, or which imposes any requirement or limitation, on
the basis of a rate of salary or basic pay, the rate of salary or basic
pay payable after the application of this section shall be treated as
the rate of salary or basic pay.
Space and SEC. 110. No part of any appropriation contained in, or funds
services made available by this or any other Act, shall be available for any
rental. 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 210(j) of the Federal Property and
40 USC 490. Administrative Services Act of 1949, as amended) than the rate per
square foot established for the space and services by the General
Services Administration for the current fiscal year and for which
appropriations were granted: Provided, 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
for rental space and services (established pursuant to section 210(j)
of the Federal Property and Administrative Services Act of 1949, as
amended) than the rate per square foot established for the space and
services by the General Services Administration for the fiscal year
1982: Provided further, That the limitations of this section shall
terminate on December 17, 1982.
Federal lands, SEC. 111. Except as expressly provided for by law, none of the
disposal. funds provided in this joint resolution shall be obligated to dispose,
except by exchange, of any Federal land tract or lands with national
environmental or economic value until such time as the General
Services Administration, the Property Review Board, or other agen-
47 FR 8547. cies as required under Executive Order 12348 has specifically identi-
fied them as no longer being needed by the Federal Government;
inventoried them as to their public benefit values; provided opportu-
nity for public review and discussion of the property proposed for
disposal; and provided 30 days advance notice of the property pro-
posed for disposal and of the plans for carrying out such disposal to
the congressional delegation of the State or States in which the tract
proposed for sale is located and to the appropriate congressional
committees for immediate printing in the Congressional Record:
Provided, That neither the Act of July 31, 1958 as amended (72 Stat.
438, as amended; 7 U.S.C. 1012a; 16 U.S.C. 478a) nor the Act of June
14, 1926, as amended (43 U.S.C. 869 et seq.) shall be subject to the
provisions of this section.
SEC. 112. Notwithstanding any other provision of this joint resolu-
tion except section 102, moneys deposited into the National Defense
Stockpile Transaction Fund under section 9(b) of the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98h(b)) are hereby
made available, subject to such limitations as may be provided in
50 USC 98d. appropriation Acts and in section 5(aXl) of such Act, until expended
for the acquisition of strategic and critical materials under section
50 USC 98e. 6(a)(1) of such Act (and for transportation and other incidental
expenses related to such acquisition). This paragraph applies with-
out fiscal year limitation to moneys deposited into the fund before,
on, or after October 1, 1982: Provided, That during the fiscal year
ending on September 30, 1983, not more than $120,000,000 in addi-
tion to amounts previously appropriated, of which not to exceed
$85,000,000 shall be available only until the termination of this joint
resolution for the purchase of domestic copper mined and smelted in
the United States after September 30, 1982, may be obligated from
amounts in the National Defense Stockpile Transaction Fund for
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PUBLIC LAW 97-276-OCT. 2, 1982 96 STAT. 1193
the acquisition of strategic and critical materials under section
6(aXl) of the Strategic and Critical Materials Stock Piling Act (50
U.S.C. 98e(aXl)) and for transportation and other incidental
expenses related to such acquisition.
SEC. 113. Notwithstanding any other provision of this joint resolu-
tion, funds available to the Federal Building Fund within the Gen-
eral Services Administration may be used to initiate new construc-
tion, purchase, advance design, and repairs and alteration line-item
projects which are included in the Treasury, Postal Service and
General Government Appropriation Act, 1983, as reported to the
House or the Senate.
SEC. 114. (aX 1) Funds provided by this joint resolution for costs to
continue the implementation of provisions contained in the District
of Columbia Statehood Constitutional Convention Initiative (D.C.
Law 3-171) shall be applied first toward ensuring voter education on
the proposed constitution by (A) printing, by the Statehood Commis-
sion, of the proposed constitution together with objective statements
both for and against its provisions as expressed by the Convention
delegates taking such positions, (B) mailing of this information to
the registered voters of the District of Columbia by October 22, 1982,
and (C) preparing for publication as a public document a comprehen-
sive legislative history of the proposed constitution.
(2) None of the funds provided by this joint resolution may be used
to pay for the publication of any information or materials by the
Statehood Commission which fail to present objective arguments for
and against the provisions of the proposed constitution.
(b) Notwithstanding section 102, the paragraph under the heading
"
LOTTERY AND CHARITABLE GAMES ENTERPRISE FUND" in
the District of Columbia Appropriation Act, 1982 (Public Law 97-91;
95 Stat. 1175) is amended-
(1) in the second proviso, by striking out "payments of prizes"
and inserting in lieu thereof "payment of fees to ticket agents,
fees to contractors supplying gambling paraphernalia or serv-
ices, and prizes";
(2) in the third proviso, by striking out "payments of prizes"
and inserting in lieu thereof "payment of such fees and prizes";
(3) in the fourth proviso, by striking out "prizes and adminis-
tration of the Board shall not exceed resources available to the
Board from appropriated authority or revenues" and inserting
in lieu thereof "administration of the Board shall not exceed
resources available to the Board from appropriated authority:
Provided further, That the annual expenses for fees and prizes
shall not exceed revenues"; and
(4) in the fifth proviso, by striking out "for prize money" and
inserting in lieu thereof "for fees and prize money".
(c) Notwithstanding any other provision of this resolution, the
Superior Court of the District of Columbia may continue to operate
the Volunteer Attorney Program and the Community Workers
Program, and may implement the hearing commissioner program,
from existing resources and position authority. Upon passage of the
fiscal year 1983 appropriation Act, full year program funding will be
available to pay, retroactively, for program services performed on or
after October 1, 1982.
(d) The Washington Convention Center may proceed at an annual
rate of operation which does not exceed $5,275,000.
SEC. 115. Notwithstanding any other provision of this joint resolu-
tion except section 102, there are appropriated to the Postal Service
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96 STAT. 1194 PUBLIC LAW 97-276-OCT. 2, 1982
Fund sufficient amounts so that postal rates for all preferred-rate
mailers covered by section 3626 of title 39, United States Code, shall
be continued at the rates in effect on July 28, 1982 (step 13):
Provided, That mail for overseas voting and mail for the blind shall
Ante, pp. 837,
838.
42 USC 6231-
6246.
15 USC 631
note.
continue to be free: Provided further, That six-day delivery and
rural delivery of mail shall continue at the 1982 level.
SEC. 116. Fonda appropriated in Public Law 97-257 to the United
States Fish and Wildlife Service for "Construction and anadromous
fish" and to the Office of Surface Mining Reclamation and Enforce-
ment for '`Abandoned Mine Reclamation Fund" shall remain avail-
able until expended.
SEC. 117. Notwithstanding section 101(a)(3) of this joint resolution,
funds shall be available for the United States Court of Appeals for
the Federal Circuit at an annual rate not to exceed $4,146,000.
SEC. 118. Notwithstanding any other provision of law or of this
joint resolution, AID/afr-C-1414, Agency for International Develop-
shall be extended for an additional three years.
ment
,
SEC. 119. Notwithstanding any other provision of this joint resolu-
tion, there is appropriated $36,500,000, to remain available until
expended, for Smithsonian Institution "Construction" to carry out
the provisions of Public Law 97-203 to construct a building for the
Museum of African Art and a gallery for Eastern art together with
structures for related educational activities in the area south of the
original Smithsonian Institution Build, including not to exceed
$100,000 for services as authorized by 5 U.S.C. 3109: Provided, That
except for funds obligated or expended for planning, administration,
and management expenses, and architectural or other consulting
services, no funds herein appropriated shall be available for obliga-
tion or expenditure until such time as the Chancellor, acting on
behalf of the Board of Regents of the Smithsonian Institution,
certifies that all required matching funds are actually on hand or
available through legally binding pledges.
SEC. 120. Notwithstanding any other provision of this joint resolu-
tion, there is appropriated $242,118,000, to remain available until
expended, for Department of Energy "Strategic Petroleum Reserve"
to carry out the provisions of sections 151 through 166 of the Energy
Policy and Conservation Act of 1975 (Public Law 94-163).
SEC. 121. Notwithstanding section 101(a)(3) of this joint resolution,
of the funds provided for the Salaries and Expenses appropriation of
the Small Business Administration under this joint resolution, an
annual rate of $14,000,000 shall be available only for grants for
Small Business Development Centers as authorized by section 20(a)
of the Small Business Act, as amended.
SEC. 122. Notwithstanding section 101(aX3) of this joint resolution,
none of the funds provided by this joint resolution for the Legal
Services Corporation shall be expended for any purpose prohibited or
limited by or contrary to section 4 (a), (b), and (c); section 5; and
section 11 of H.R. 3480, as passed the House of Representatives on
June 18, 1981: Provided, That none of the funds appropriated under
this joint resolution for the Legal Services Corporation shall be
expended to provide legal assistance for or on behalf of any alien
unless the alien 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(a)(15) and 101(a)(20) of the
Immigration and Nationality Act (8 U.S.C. 1101(a) (15), (20));
(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
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years of such a citizen and who has filed an application for
adjustment of status to permanent resident under the Immigra-
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
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
result of the Attorney General's withholding of deportation
pursuant to section 243(h) 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(a)(7) of
the immigration and Nationality Act (8 U.S.C. 1153(a)(7)) 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
purposes of section 1007(bXll) of the Legal Services Corporation Act,
to be an alien described in subparagraph (C) of such section: Provided
further, That none of the funds provided by this joint resolution
for the Legal Services Corporation shall be used by the Corpora-
tion 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 assistance to eligible clients) or (b) a qualified nonprofit organi-
zation chartered under the laws of one of the States for the primary
purpose of furnishing legal assistance to eligible clients, the major-
ity of the board of directors or other governing body of which
organization is comprised of attorneys who are admitted to practice
in one of the States and who are appointed to terms of office on such
board or body by the governing bodies of State, county, or municipal
bar associations the membership of which represents a majority of
the attorneys practicing law in the locality in which the organiza-
tion is to provide legal assistance: Provided further, That none of the
funds appropriated under this joint resolution for the Legal Serv-
ices Corporation shall be used to bring a class action suit against the
Federal Government or any State or local government except in
accordance with policies or regulations adopted by the Board of
Directors of the Legal Services Corporation.
SEC. 123. No provision in any appropriation Act for the fiscal year
1983 that makes the availability of any appropriation provided
therein dependent upon the enactment of additional authorizing or
other legislation shall be effective before the date set forth in section
102(c) of this joint resolution.
SEC. 124. Notwithstanding any other provision of this joint resolu-
tion, in the case of any employee of the Federal Government who is
indebted to the United States, as determined by a court of the
United States in an action or suit brought against such employee by
the United States, the amount of the indebtedness may be collected
in monthly installments, or at officially established regular pay
period intervals, by deduction in reasonable amounts from the
current pay account of the individual. The deductions may be made
only from basic pay, special pay, incentive pay, or, in the case of an
individual not entitled to basic pay, other authorized pay. Collection
shall be made over a period not greater than the anticipated period
11 USC 1101
note.
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96 STAT. 1196 PUBLIC LAW 97-276-OCT. 2, 1982
of employment. The amount deducted for any period may not exceed
one-fourth of the pay from which the deduction is made, unless the
deduction of a greater amount is necessary to make the collection
Termination of within the period of anticipated employment. If the individual
employment, re tires or resigns, or if his employment otherwise ends, before
debt collection. collection of the amount of the indebtedness is completed, deduction
shall be made from later payments of any nature due to the
individual from the United States Treasury.
SEC. 125. Of the $77,042,000 available at an annual rate under this
omt resolution for the exchange programs of the United States
ormation Agenc , $67,301,000 shall be available for the Fulbright
and Internationalisitor Programs, $2,620,000 shall be available for
the Humphrey Fellowship Program and $7,121,000 shall be avail-
able for the Private Sector Programs
SEC. 126. Except for lands described by sections lOb and lob of
16 USC 1132 Public Law 96-560, section 103 of Public Law 96-550, section 4(dXl)
notes. of Public Law 96-312 and section 603 of Public Law 94-579, and
94 Stat. 949. except for land in the State of Alaska, and lands in the national
43 UsC 1782. forest system released to management for any use the Secretary of
Agriculture deems appropriate through the land management plan
ning process by an statewide or other Act of Congress designating
components of the National Wilderness Preservation System now in
effect or hereinatler enacted, none of the funds provided in this joint
resolution shall be obligated for and aspect of the processing or
issuance of permits or leases ppeertaining to exploration for or devel-
opment of coal, oil, gas, oilahale, phos hate, potassium, sulphur,
gilsonite, or geothermal resources on Federal lands within any
component of the National Wilderness Preservation System or
within any Forest Service RARE II areas recommended for wilder-
ness designation or allocated to further planning in Executive
Communication 1504, Ninety-sixth Congress (House Document
numbered 96-119); or within any lands designated by Congress as
wilderness study areas.
42 USC 603 note. SEC. 127. 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 1982 shall be made prior to the date on which
42 USC 603. this resolution expires on account of the provisions of section 403(h)
of such Act.
SEC. 128. Notwithstanding any other provision of this joint resolu-
tion except section 102, funds shall be available for the special
supplemental food program as authorized by section 17 of the Child
Nutrition Act of 1966 (42 U.S.C. 1786), at the rate and under the
terms and conditions provided for in title III of H.R. 7072 as passed
the Senate on September 28,1982.
SEC. 129. Notwithstanding any other provision of law or this joint
resolution, except section 102, an amount for those International
Financial Institutions referred to in title I of Public Law 97-121, the
95 Stat. 1647. Foreign Assistance and Related Program Appropriations Act, 1982,
as is equal to the total for such institutions in that title, may be
allocated by the President among those institutions in a manner
which does not exceed the limits established in authorizing
legislation.
49 USC 1376 SEC. 130. Notwithstanding any other provision of this joint resolu-
note. tion, except section 102, and notwithstanding any other provision of
law for payments to air carriers of so much of the compensation
fixed and determined by the Civil Aeronautics Board under section
419 of the Federal Aviation Act of 1958, as amended (49 U.S.C. 1389),
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as is payable by the Board, $48,400,000 is appropriated to remain
available until expended, and such amounts as may be necessary to
liquidate obligations incurred prior to September 30, 1982, under 49
U.S.C. 1376 and 1389: Provided, That, notwithstanding any other
provision of law, none of the funds hereafter appropriated by this
joint resolution or any other Act shall be expended under section
406 (49 U.S.C. 1376) for services provided after September 30, 1982:
Provided further, That, notwithstanding any other provision of law
or of the previous provision of this paragraph, payments shall be
made from funds appropriated herein and in accordance with the
provisions of this paragraph to carriers providing, as of September
30, 1982, services covered by rates fixed under section 406 of the
Federal Aviation Act (excluding services covered by payments under 49 USC 1376.
section 419(aX7) and services in the State of Alaska): Provided 49 USC 1389.
further, That, notwithstanding any other provision of law, such
payments shall be based upon rate orders applicable to such carriers
as of July 1, 1982, but shall not exceed $13,500,000 in the aggregate:
Provided further, That, notwithstanding any other provision of law,
to the extent necessary to meet this limitation, such payments shall
be reduced by a percentage which is the same for all carriers eligible
for such payments: Provided further, That nothing in this joint
resolution shall be deemed to prevent the Board from granting an
application under section 419(aX11XA) (49 U.S.C. 1389) pertaining to
a carrier receiving compensation under this joint resolution, in
which event the standards and procedures set forth in section
419(aX11XA) shall apply.
SEC. 131. Sections 308(g) and 308a(c) of title 35, United States 37 USC 308,
Code, are amended by striking out "September 30, 1982" and insert- 308a.
ing in lieu thereof "December 17, 1982".
SEC. 132. Notwithstanding any other provision of this joint resolu-
tion, there are appropriated $39,000,000 for fiscal year 1983 to carry
out section 317(jX1) of the Public Health Service Act, relating to 42 USC 247b.
preventive health service programs to immunize children against
immunizable diseases.
SEC. 133. (a) In accordance with section 101(b) of this joint resolu-
tion, activities under title XV of the Public Health Service Act shall 42 USC 300k-1.
be continued at a rate to maintain current operating levels.
(b) Notwithstanding any other provision of law, no funds appropri-
ated by this joint resolution or any other Act for fiscal year 1983 for
any allotment, grant, loan, or loan guarantee under the Public
Health Service Act or the Comprehensive Alcohol Abuse and Alco- 42 USC 201 note.
holism Prevention, Treatment, and Rehabilitation Act of 1970 shall 42 USC 4541
be subject to reduction under section 1521(d)(2) of the Public Health note.
Service Act during the period beginning on October 1, 1982, and 42 USC 300m.
ending on the date specified in clause (c) of section 102.
SEC. 134. Notwithstanding any other provision of this joint resolu-
tion, there are appropriated $34,000,000 to carry out section 786 of
the Public Health Service Act. 42 USC 295g-6.
SEC. 135. Notwithstanding any other provision of this joint resolu- Funds, transfer.
tion, such amounts as may be necessary shall be transferred from
the Federal Hospital Insurance and the Federal Supplementary
Medical Insurance Trust Funds to support an annual operating level
for Medicare claims processing activities of $800,000,000, including
$45,000,000 for this purpose which is currently available under
section 118.of Public Law 97-248. Ante, p. 355.
SEC. 136. Notwithstanding the decision of the United States Court 42 USC 1395h
of Appeals for the District of Columbia Circuit in Connecticut note.
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96 STAT. 1198 PUBLIC LAW 97-276-OCT. 2,198__
against Schweiker (No. 81-2090, July 27, 1982), section 306 of Public
42 USC 1320b-2 Law 96-272, or section 1132 of the Social Security Act, no payment
and note. shall be made, in or with respect to any fiscal year prior to fiscal
year 1984, under this or any other Act, and no court shall award or
enforce any payment (whether or not pursuant to such decision)
from amounts appropriated by this or any other Act, to reimburse
State or local expenditures made prior to October 1, 1978, under title
42 USC 301, 601, I, IV, X, XIV, XVI, XIX, or XX of the Social Security Act, unless a
120,1, 1351, 1381, request for reimbursement had been officially transmitted to the
1396, 1397. Federal Government by the State within one year after the fiscal
year in which the expenditure occurred. After fiscal year 1983, any
payment made to reimburse such State or local expenditures
required to be reimbursed by a court decision in any case filed prior
to September 30, 1982 shall be made in accordance with a schedule,
42 USC 1305. to be established under the Social Security Act, over fiscal years
1984 through 1986.
SEC. 137. Notwithstanding any other provision of this joint resolu-
tion, there are appropriated $18,000,000 for fiscal year 1983 to carry
out the Runaway and Homeless Youth Act.
SEC. 138. Notwithstanding any other provision of law, of the funds
appropriated for fiscal year 1983 to carry out the Community Serv-
95 Stat. 511. ices Block Grant Act of 1981, not more than 10 per centum of the
42 USC 9901 funds allotted to each State under section 674 of such Act shall be
note. used for purposes other than to make grants to eligible entities as
95 Stat. 512. defined in section 673(1) of such Act or to organizations serving
9 USC 9903.
95 5 Stat. 511. seasonal and migrant farmworkers or to designated limited purpose
42 USC 9902. agencies which meet the requirements of section 673(1) of such Act.
Community SEC. 139. Notwithstanding any other provision of this joint resolu-
Services tion, unobligated funds from fiscal year 1982 appropriations
Administration
closeout provided for closeout activities of the Community Services Adminis-
expenses. tration are to remain available through September 30, 1983.
20 USC 240 note. SEC. 140. Notwithstanding section 5(b)(2) of the Act of September
20 USC 240. 30, 1950 (Public Law 874, 81st Congress), not later than thirty days
after the beginning of the fiscal year, the Secretary of Education
shall, on the basis of any application for preliminary payment from
any local educational agency which was eligible for a payment
during the preceding fiscal year on the basis of entitlements estab-
20 USC 237, 238. lished under section 2 or 3 of such Act, make to such agency a
payment of not less than-
(1) in the case of a local educational agency described in
section 3(d)(1)(A) of such Act, 75 per centum of the amount that
such agency received during such preceding fiscal year; and
(2) in the case of any other local educational agency, 50 per
centum of the amount that such agency received during such
preceding fiscal year.
SEC. 141 Notwithstanding any other provision of this joint resolu-
tion or section 512(b) of the Omnibus Budget Reconciliation Act of
95 Stat. 444. 1981, there are appropriated $9,000,000 for fiscal year 1983 to carry
out subpart 2 of part H of title XIII of the Education Amendments of
94 Stat. 1502. 1980 and section 528(5) of the Omnibus Budget Reconciliation Act of
95 Stat. 450. 1981, which shall remain available for obligation until September
30, 1988.
SEC. 142. Notwithstanding any other provision of this joint resolu-
tion, there is hereby appropriated $5,000,000 under title III of the
42 USC 241. United States Public Health Service Act for Nursing Research
activities.
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PUBLIC LAW 97-276-OCT. 2, 1982 96 STAT. 1199
SEC. 143. Section 93 of title 14, United States Code, is amended by
(1) striking out "and" at the end of subsection (p); (2) striking out the
period at the end of subsection (q) and inserting in lieu thereof
"; and"; and (3) adding at the end thereof the following new subsec-
tion: "(r) provide medical and dental care for personnel entitled
thereto by law or regulation, including care in private facilities.".
SEC. 144. Notwithstanding any other provision of this joint resolu-
tion, except section 102, funds shall be available for the United
States Travel and Tourism Administration at an annual rate of
$7,600,000.
SEC. 145. Notwithstanding any other provision of this joint resolu- Loan guarantee.
tion, the head of any department or agency of the Federal Govern-
ment in carrying out any loan guarantee or insurance program shall
enter into commitments to guarantee or insure loans pursuant to
such program in the full amount provided by law subject only to (1)
the availability of qualified applicants for such guarantee or insur-
ance, and (2) limitations contained in appropriation Acts.
SEC. 146. Notwithstanding any other provision of law or this joint Proposed
resolution, no change in the regulations subject to the moratorium regulations,
required b section 135 of Public Law 97-248 shall be review and
by promulgated comment.
in final form until one hundred and twenty days after the expiration Ante, p. 375.
of the moratorium, during which period the Department of Health
and Human Services shall seek public review and comment on any
such proposed regulations and consult with the appropriate Commit-
tees of Congress.
SEC. 147. Notwithstanding any other provision of this joint resolu-
tion or any other provision of law, appropriations for urban and
nonurban formula grants authorized by the Urban Mass Transpor-
tation Act of 1964 (49 U.S.C. 1601 et seq.) shall be apportioned and
allocated using data from the 1970 decennial census for one-quarter
of the sums appropriated and the remainder shall be apportioned
and allocated on the basis of data from the 1980 decennial census.
SEC. 148. Notwithstanding any other provision of this joint resolu-
tion, for necessary expenses for the National Oceanic and Atmos-
pheric Administration (NOAA) to operate the civilian land remote
sensing satellite system (LANDSAT), $13,555,000 above the rate
provided by section 101(a) of this joint resolution, shall remain
available until expended.
SEC. 149. Of the amounts appropriated to the Department of State Peacekeeping
for the purposes of "Contributions for International Peacekeeping activities.
Activities" not more than $50,000,000 shall be available for expenses Co gee
necessary for contributions to a United Nations Transition Assist-
ance Group, notwithstanding section 15(a) of the State Department
Basic Authorities Act of 1956 or any other provision of law: Pro- 22 USC 2680.
vided, That none of these funds shall be obligated or expended for
contributions to the United Nations Transition Assistance Group
unless the President determines and reports to the Congress that an
internationally acceptable agreement has been achieved among the
parties to the Namibia dispute concerning implementation of
United Nations Security Council Resolution 435 for the independ-
ence of Namibia.
SEC. 150. Notwithstanding any other provisions of this joint reso- Effective date.
lution, $365,000 shall be made available for the National Security
Council, effective October 1, 1982, for the operations of the Presi-
dent's Foreign Intelligence Advisory Board and the President's
Intelligence Oversight Board.
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96 STAT. 1200 PUBLIC LAW 97-276-OCT. 2, 1982
Funds, transfer.
95 Stat. 1413.
20 USC 956.
SEC. 151. $5,200,000 of the funds appropriated to the National
Endowment for the Humanities for "Salaries and expenses" in
Public Law 97-100 are hereby transferred to "Matching Grants" for
the purposes of section 7(h) of the National Foundation on the Arts
and the Humanities Act of 1965, as amended. Such funds shall
remain available until September 30, 1984.
SEC. 151. (a) Section 4109 of title 5, United States Code, is amended
by, adding at the end thereof the following new subsection:
(c) Notwithstanding subsection (aXl) of this section, the Adminis-
trator, Federal Aviation Administration, may pay an individual
training to be an air traffic controller of such Administration,
during the period of such raicning, at the applicable rate of basic pay
for the hours of training offs ' y ordered or approved in excess of
forty hours in an administrative workweek.".
(b) Section 5532 of title 5, United States Code, is amended by
adding at the end thereof the following new subsection:
"(i)(1) Notwithstanding any other provision of law, the retired or
retainer pay of a former member of a uniformed service shall not be
reduced while such former member is temporarily employed, during
the period described in paragraph (2) or any portion thereof, under
the administrative authority of the Administrator, Federal Aviation
Administration, to perform duties in the operation of the air traffic
control system or to train others to perform such duties.
"(2) The provisions of paragraph (1) of this subsection shall be in
effect for any period ending not later than December 31, 1984,
during which the Administrator, Federal Aviation Administration,
determines that there is an unusual shortage of air traffic control-
lers performing duties under the administrative authority of such
Administrator.".
(cxl) Chapter 55 of title 5, United States Code, is amended by
inserting after section 5546 the following new section:
'T 5546a. Differential pay for certain employees of the Federal
Aviation Administration
"(a) The Administrator of the Federal Aviation Administration
(hereafter in this section referred to as the `Administrator') may pay
premium pay at the rate of 5 per centum of the applicable rate of
basic pay to-
"(1) any employee of the Federal Aviation Administration
who is-
"(A) occupying a position in the air traffic controller
series classified not lower than GS-9 and located in an air
traffic control center or terminal or in a flight service
station;
"B) assigned to a position classified not lower than GS-09
or WG-10 located in an airway facilities sector; or
"(C) assigned to a flight inspection crew-member position
classified not lower than GS-11 located in a flight inspec-
tion field office,
the duties of whose position are determined by the Administra-
tor to be directly involved in or responsible for the operation
and maintenance of the air traffic control system; and
"(2) any employee of the Federal Aviation Administration
who is assigned to a flight test pilot position classified not lower
than GS-12 located in a region or center, the duties of whose
position are determined by the Administrator to be unusually
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taxing, physically or mentally, and to be critical to the advance-
ment of aviation safety.
"(b) The premium pay payable under any subsection of this
section is in addition to basic pay and to premium pay payable
under any other subsection of this section and any other provision of
this subchapter.".
(2) The analysis of chapter 55 of such title is amended by inserting
after the item relating to section 5546 the following new item:
"5546a. Differential pay for certain employees of the Federal Aviation Administra-
tion.".
(d) Section 5546a of title 5, United States Code (as added by section
152(c) of this joint resolution), is amended by adding at the end
thereof the following new subsections:
"(01) The Administrator may pay premium pay to any employee Premium pay.
of the Federal Aviation Administration who-
"(A) is an air traffic controller located in an air traffic control
center or terminal;
"(B) is not required as a condition of employment to be
certified by the Administrator as proficient and medically quali-
fied to perform duties including the separation and control of
air traffic; and
"(C) is so certified.
"(2) Premium pay paid under paragraph (1) of this subsection
shall be paid at the rate of 1.6 per centum of the applicable rate of
basic pay for so long as such employee is so certified.
"(dxl) The Administrator may pay premium pay to any air traffic
controller of the Federal Aviation Administration who is assigned
by the Administrator to provide on-the-job training to another air
traffic controller while such other air traffic controller is directly
involved in the separation and control of live air traffic.
"(2) Premium pay paid under paragraph (1) of this subsection
shall be paid at the rate of 10 per centum of the applicable hourly
rate of basic pay times the number of hours and portion of an hour
during which the air traffic controller of the Federal Aviation
Administration provides on-the-job training.
"(eX1) The Administrator may pay premium pay to any air traffic
controller or flight service station specialist of the Federal Aviation
Administration who, while working a regularly scheduled eight-
hour period of service, is required by his supervisor to work during
the fourth through sixth hour of such period without a break of
thirty minutes for a meal.
"(2) Premium pay paid under paragraph (1) of this subsection
shall be paid at the rate of 50 per centum of one-half of the
applicable hourly rate of basic pay.
`(0(1) The Administrator shall prescribe standards for determin-
ing which air traffic controllers and other employees of the Federal
Aviation Administration are to be paid premium pay under this
section.
"(2) The Administrator may prescribe such rules as he determines
are necessary to carry out the provisions of this section.".
(e) Section 5547 of title 5, United States Code, is amended by
adding at the end thereof the following: "The first sentence of this
section shall not apply to any employee of the Federal Aviation
Administration who is paid premium pay under section 5546a of this Ante, p. 1200.
title.".
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96 STAT. 1202 PUBLIC LAW 97-276-OCT. 2, 1982
(f) Section 8339(e) of title 5, United States Code, is amended by
inserting before the period "unless such employee has received,
5 USC 8342. pursuant to section 8342 of this title, payment of the lump-sum
5 UsC 8334. credit attributable to deductions under section 8334(a) of this title
during any period of employment as an air traffic controller and
such employee has not deposited in the Fund the amount received,
with interest, pursuant to section 8334(d) of this title".
(g) Section 8344 of title 5, United States Code, is amended by
adding at the end thereof the following new subsection:
5 USC 5546a "(h)(l) Subject to paragraph (2) of this subsection, subsections (a),
note. (b), (c), and (d) of this section shall not apply to any annuitant
receiving an annuity from the Fund while such annuitant is em-
Ante, p. 1200. ployed, during any period described in section 5532(f)(2) of this title
or any portion thereof, under the administrative authority of the
Administrator, Federal Aviation Administration, to perform duties
in the operation of the air traffic control system or to train other
individuals to perform such duties.
5 USC 5546a "(2) Paragraph (1) of this subsection shall apply only in the case of
note. any annuitant receiving an annuity from the Fund who, before
August 3, 1981, applied for retirement or separated from the service
while being entitled to an annuity under this chapter.".
Effective dates. (hXl) The amendments made by subsections 152(b), (c), (e), and (g)
of this joint resolution shall take effect at 5 o'clock ante meridian
eastern daylight time, August 3, 1981.
(2) The amendments made by subsection 152(a) and subsection
152(d) of this joint resolution shall take effect on the first day of the
first applicable pay period beginning after the date of the enactment
of this joint resolution.
5 USC 8339 note. (3) The amendment made by subsection 152(f) of this joint resolu-
tion shall take effect on the date of the enactment of this joint
resolution.
SEC. 152. Notwithstanding any other provision of this joint resolu-
tion, there is appropriated $190,000, to remain available until
expended, for necessary expenses to carry out section 301 of the
42 USC 2991a Native Hawaiians Study Commission Act, Public Law 96-565.
note. SEC. 153. Title N of the Tariff Act of 1930 (19 U.S.C. 1401 et seq.)
is amended by adding after section 625 the following new section:
Export license. "SEC. 626. (a) In order to monitor and enforce export measures
19 USC 1626. required by a foreign government or customs union, pursuant to an
international arrangement with the United States, the Secretary of
the Treasury may, upon receipt of a request by the President of the
United States and by a foreign government or customs union,
require the presentation of a valid export license or other documents
issued by such foreign government or customs union as a condition
for entry into the United States of steel mill products specified in
the request. The Secretary may provide by regulation for the terms
and conditions under which such merchandise attempted to be
entered without an accompanying valid export license or other
documents may be denied entry into the United States.
"(b) This section applies only to requests received by the Secretary
of the Treasury prior to January 1, 1983, and for the duration of the
arrangements.".
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PUBLIC LAW 97-276-OCT. 2, 1982 96 STAT. 1203
SEC. 154. (a) Subpart J of part I of schedule 5 of the Tariff
Schedules of the United States (19 U.S.C. 1202) is amended by 19o USC 1202
inserting after item 522.51 the following new item:
11 522.53 I Steam ................................
(b) The amendment made by this section shall apply with respect
to articles entered, or withdrawn from warehouse for consumption,
on or after the date which is fifteen days after the date of enactment
of this joint resolution.
SEC. 155. For the purposes of the Immigration and Nationality
Act, Tessie and Enrique Marfori shall be held and considered to
have been lawfully admitted to the United States for permanent
residence as of the date of the enactment of this joint resolution,
upon payment of the required visa fee. Upon the granting of perma-
nent residence to such aliens as provided for in this joint resolution,
the Secretary of State shall instruct the proper officer to reduce by
the required number, during the current fiscal year or the fiscal
year next following, the total number of immigrant visas and condi-
tional entries which are made available to natives of the country of
the alien's birth under section 203(a) of the Immigration and Nation-
ality Act or, if applicable, from the total number of such visas and
entries which are made available to such natives under section
202(e) of such Act.
SEC. 156. Notwithstanding any other provision of this joint resolu-
tion, there is appropriated $518,000,000, to remain available until
expended, for Department of Transportation Interstate Transfer
grants-Highways, and $365,000,000, to remain available until ex-
pended, for Department of Transportation Interstate Transfer
grants-Transit: Provided , That allocations of these funds shall be
distributed in accordance with House Report 97-783 or Senate
Report 97-567, whichever is higher.
SEC. 157-158. Since the United States Congress established the
Social Security system in 1935 to provide for the general welfare by
establishing a system of Federal old-age benefits; and
Since Medicare was made part of the Social Security system by
Act of Congress in 1965 to provide for the general welfare through a
system of health benefits for the aged; and
Since medicare is an insurance program in which working Ameri-
cans contribute their Social Security payroll taxes and in which the
elderly and disabled pay health insurance premiums in order to
receive health benefits promised under this insurance plan; and
Since proposals to limit eligibility for Medicare health benefits to
lower-income persons would profoundly alter the character of health
insurance for the aged and disabled by removing the insurance
principle from the Medicare program.
It is the sense of the Senate that the Congress should reject any
proposal to impose a "means test" on eligibility for the Medicare
program or benefits provided by the Medicare program.
SEC. 159. Any amount remaining on September 30, 1982, from the
contract authority and budget authority made available for use as
provided in the third proviso under the heading, "Annual Contribu-
tions for Assisted Housing (Rescission)", in the Urgent Supplemen-
tal Appropriations Act, 1982 (Public Law 97-216), shall remain
available for obligation in accordance with the terms of such pro-
viso, except that the Agreement to Enter into a Housing Assistance
Payments Contract shall not be required to include a provision
requiring that construction must be in progress prior to January 1,
Alien
admittance.
8 USC 1101 note.
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96 STAT. 1204 PUBLIC LAW 97-276-OCT. 2,198Z-'
1983: Provided, That none of the amounts available for obligation in
accordance with the foregoing shall be subject to the provisions of
section 5(c) (2) and (3) and the fourth sentence of section 5(c)(1) of the
United States Housing Act of 1937, as amended (42 U.S.C. 1437c),
and section 213(d) of the Housing and Community Development Act
of 1974, as amended (42 U.S.C. 1439).
SEC. 160. All obligations incurred in anticipation of the appropri-
ations and authority provided in this joint resolution for the
purposes of maintaining the minimum level of essential activities
necessary to protect life and property and bringing about orderly
termination of other functions are hereby ratified and confirmed if
otherwise in accordance with the provisions of this joint resolution.
SEC. 161. Section 2 of the International Coffee Agreement Act of
1980 (19 U.S.C. 1356k) is amended by striking out "October 1, 1982"
and inserting in lieu thereof "the expiration of this joint resolution".
SEC. 162. Notwithstanding any other provisions of this joint reso-
lution, except section 102, amounts which are available by section
101 for continuing activities conducted in 1982 under the Compre-
29 use 801 note. hensive Employment and Training Act of 1973, as amended, are
hereby also made available to continue those activities under the
provisions of S. 2036 as reported by the Committee of Conference.
Restrictions. SEC. 163. None of the funds provided in this joint resolution shall
be used to implement an apportionment and staffing plan to specifi-
cally phase down the Public Health Service Commissioned Corps.
SEC. 164. Notwithstanding section 1804 of the Public Health Serv-
42 use 300v-3. ice Act, funds provided for the President's Commission for the Study
of Ethical Problems in Medicine and Biomedical and Behavioral
Research by the Urgent Supplemental Appropriations Act, 1982
Ante, p. 182. (Public Law 97-216) shall remain available until December 31, 1982.
Telephone SEC. 165. Notwithstanding any other provision of law, effective for
service, the calendar year ending December 31, 1982, the Sergeant at Arms
payment. and Doorkeeper of the Senate is authorized to pay, from funds
available to him in the account (within the contingent fund of the
Senate) for "Miscellaneous Items", the increase in the mileage tariff
rates imposed, effective October 1981, by the General Services
Administration for telephone service provided through its Federal
Telecommunications System during such calendar year to Senators
in the States they represent. If and to the extent that there has been
paid, from the Official Office Expense Account of any Senator, an
amount which is authorized to be paid under the preceding sen-
tence, then the Sergeant at Arms and Doorkeeper of the Senate
shall reimburse such Expense Account of such Senator by a sum
equal to such amount, upon certification and documentation (con-
sisting of appropriate data supplied by the General Services Admin-
istration) by such Senator. Payments made under this section shall
be made upon vouchers approved by the Sergeant at Arms and
Doorkeeper of the Senate.
Restrictions. SEC. 166. None of the funds appropriated under this joint resolu-
tion or any other provisions of law shall be used for the purposes of
conducting any studies relating or leading to the possibility of
changing from the currently required "at cost" to a "market rate"
method for the pricing of hydroelectric power by the six Federal
public power authorities, or other agencies or authorities of the
Federal Government.
Ante, p. 681. SEC. 167. Section 508 of the Airport and Airway Improvement Act
49 USC 2207. of 1982 is amended by adding at the end thereof the following new
subsection:
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PUBLIC LAW 97-276-OCT. 2, 1982 96 STAT. 1205
"(e) USE OF CERTAIN APPORTIONED FUNDS FOR DISCRETIONARY PUR
Posx.-(1) Subject to paragraphs (2) and (3), if the Secretary deter-
mines, based upon notice provided under section 509(e), or otherwise
that any of the amounts apportioned under section 507(a) will not be
obligated during a fiscal year, the Secretary may obligate during
such fiscal year an amount equal to such amounts at his discretion
for any of the purposes for which funds are made available under
section 505.
"(2) The Secretary? may make obligations in accordance with
paragraph (1) only if the Secretary determines that the total of
obligations for such fiscal year for purposes of section 505 will not
exceed the amount authorized for such fiscal year under section
505(a) and if the Secretary determines that sufficint amounts are
authorized under section 505(a) for later fiscal years for obligation
for such apportioned amounts which were not obligated during such
fiscal year and which remain available under section 508(a).
"(8) For the purposes of carrying out this subsection-
"(A) None of the funds provided in the joint resolution provid-
ing continuing appropriations for the fiscal year 1988 shall be
available for the p~or execution of programs the commit-
ments for which are in excess of $1,050,000,000 for the two fiscal
years ending. prior to October 1, 1988, for grants-in-aid for
airport planning, noise compatibility planning and programs,
and development; and
"(B) Section 506(eX4) of this Act shall not in any manner
whatsoever impair the limitation established by this
paragraph.09
Approved October 2, 1982.
LEGISLATIVE HISTORY-H.J. Res. 599:
HOUSE REPORTS: No. 97-834 (Comm. on Appropriations) and No. 97-914 (Comm. of
Conference).
SENATE REPORT No. 97-581 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 128 (1982):
Sept. 22, considered and passed House.
Sept. 28, 29, considered and passed Senate, amended.
Oct. 1, House agreed to conference report; concurred in certain Senate amend-
ments, and in others with amendment.
Oct. 1, Senate agreed to conference report; concurred in House amendments.
Ante, p. 682.
49 USC 2208.
Ante, p. 676.
49 USC 2204.
Ante, p. 681.
49 USC 2207.
Ante, p. 677.
49 USC 2205.
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