Excerpt from, Public Law 97-276, Continuing Appropriations for Fiscal Year 1983, relating to the Smithsonian Institution.

. 11

Continuing

appropriation.e for fiecal

19 .

L

Join olu ion

appropr:ladoDI for 1988, aDCI for

by tM and House tatives tM

lata

of naeril:o ira Congress Tha he are appropriated, ou of y on · he

o herwise approp1 iated, and ou of appli I corporate o revenues, pta, and funds, for he several depa1 t1oenta,

corporations, and other o•ga, ••iza · onal un

^•ts

of he Gove he ear 1988, and for o her na1nely:

SBC. 10 .

^(a)(l)

Such

^{&'IDO ts}

as

may

be for co

or activities (not otherwise

s~ifically

for

· t

resolution) which were conducted in the year 982

which · tions, funds, or other authority would be a •

abl~e

in the appropriations Acts:

, Rural Development, and Related rop1 iation Act, 1988;

of C!oananerce, J'•stice, and State, the Judiciaay, and · A propriation Act, 1988;

District of Col••anbia pproprlation Act, 1988;

De ment of 'fi'ansportation and Related Appro- priatton Act, 1988; and

Treast11y,

Postal Service and Gener&l Government Appropri·

ation Act, 1988.

(2)

Approp1 iations

•nade by

this · shall be available to the extent and in the manner which would be provided by

pe1 tinent appropriation Act.

(8)

Whenever the aiDO'IDt which

^woul~d

be made available or the authority which would be gt'anted under an Act listed in this

· n as the House as of 1, 1982, is different from that which would be available or ted under such

• • ...^{. •. • I} . by

the Senate as of 1, 1 the pertinent proj

activity shall be continued •ander the lesser arnot•nt or the

restricti~e

au ority: Provided, where an item is included

only one

^versio~

of an Act as by both Ho•ases as of ber 1, 1982, the pertinent project or activity shall

^be

continued tinder the approp1 iation, fund, or authority gt·anted b

^th~e

one House, but at a

rate for tions of the current mte or

^t

e rate per1nitted by the

action of one House, whichever is lower, and 11nder the authority and conditions provided in a plicable appropriation Acts for the

year 1982: Provided

^~rt

r, That for the of this joint resolution, when an Act l1sted in this · has been

^repo1

ted

to

the House or the Senate but not passed

by

that House as of House. 1, 1982, it shall

^be

deemed as having been passed by that

(4) Whenever an Act listed in this subsection has been passed by

o the House as of ber 1, 1982, the

pertin~ent

project or

activity shall be continued •1nder the appropriation, fund, or author-

•

PUBLIC LAW 97-276 OCT. 2, 1982 96 STAT. 1187

ity granted by the House, but at a rate for operations of the current or the

rate

pelrnitted by the action of the House, whichever

is

,, and tJnder the authori and conditions provided in applica· ' priation

Acts

for the

year 1982.

o

provision which is included in

an

appropriation

Act

enu- merated in this su ·on but which

was not

included

in

the applicable appropriation

Act

of

1982, and

which by its tetrns

is

applicable to more than one appropriation, fund, or authorio/, shall be applicable

to

^any

a

propt iation,

fund,

or authori proVIded in the , ·oint resolution ess such provision shall have included in i entical folrn in such bill

as

enacted by both the HotJse and the Senate.

(b) Such arnounts

as

may be necessaa·y for contin•Jing the following activities, not othel'wise rovided for, which were conducted

in

the

fiscal year

1982,

tJnder t e C111·rent te1·rns and conditions and at

a

, rate

^to maintain cutrent operating levels:

activities tJnder the p111 view of the Departrnents of Health and HtJtnan Setvices, and Education, and Related

cies

Appropriation

Act, 1982, as

provided for

in

Public

97-92;

and 95 Stat. 1183.

activities, including those activities conducted purs11ant to

section 167 of the Energy Policy

and

C!onservation

Act

of 1975 95 Stat. 619.

(Public

Law 94-163),

as a1nended, for which provision was rnade ⁴²

usc

^6247.

in the Depal'trnent of the Interior and Related Agencies

A

pro-

nation Act,

1982:

^Provided, That no progL¹ams or fac·

·ties

95 Stat. 1391.

•1nded therein may

be

tetrninated unless such terrnination

is

specifically approved

in

the appropriations including reprogra""""'mmg. •

(c) Pending passage of the regular Depa1·trnent of

· tion Act for

fJ.SCr.J

^year

1983,

such a1nounts

as

rna

continuing a~u1vit1es which were conducted

in

t e year

1982,

for which provision was made

in

the De ent of Defense

Appropriation Act,

1982,

but such activities s

be

funded at not

to

95 Stat. 1565.

exceed an annual rate for new obligational authority of

00,000,000,

which

is

an in above the ClJJ•rent level,

and

crease shall be distributed on a ro-rata

basis to

each appro- n acco•1nt and shall operate ¹¹⁰ er the terms and conditions p . ded for in the applicable appro~liation

Acts

for the fiscal year

1982:

^Provided, That no appropriation or fund made available or authority granted pttrsuant to this paragraph shall be •1sed to initiate or resutne any project or activity forr which a propriations,

funds

or other authority were not available d111'ing t e fiscal year

1982;

this lirnitation shall include but not be Iirnited to prohibitions on funding availability for initial production of the MX interconti-

nental ballistic tnissile and for long lead or initial production of a second nuclear-powered aircraft ca1·rier until rnidnight December

17, 1982; and in addition, this limitation shall include the lower appropriation or ft1nding ceilings for specific projects and activities set forth in the Department of Defense Appropriation Act, 1983, as repot·ted 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 econotnic ()rder quantity procurement unless specifically a rro riated later except for the

following prograrns and atnounts; I

Q-136

Radar Jamrning Sys-

$14,500,000; NATO

Seasparrow Ordalt

Kits, $33,000,000;

•

•

UBLIC LAW 7-276 OCT. 2, 19· . 2

co~ .tin e the pur-chase of c-2 aircraft under a multiyear contract, 267,800,000: Provide~d further. That none of

the

funds appropriate

W"W'ttad

^{v ·}

able

^pursuant

to this

p

ragraph for

^{the pa,y of memb}

th~e unifio med services shall be availabl~e to pay ^any member o . n "for - ed ,services v ri ble housin,g allowance pursuant to sec

4 ^{I (} 2 of ti le 37, Un.ted States Cod , in. an mount that is greater h . .. th~e ^_-I

ount'

hich would have been p yable to such member if the r __ tes of basic allowa11Ce for quart rs for members of the uni-

form~ed serv"ces in effect on Septem.ber 30, 1982, had been increas

d

by 8 pe _ centum on ~October 1, 1982: Provided further, 'Fh~t pending

p ,

" Sag .

^{of the r~egul} r Department of Defen~e App.ropr1at1on A~t for

fiscal ye r

1983,

non of the funds appropriated or made ava1l bl pu.r-suant to this paragraph shall be available for the additional conversion of ^an,y full time personnel in support of the Army

Reserve, Air Force Reserve, Army National Guard, and Air National

~Guard, from militacy technician to Active Guard/Reserve status:

~ovided further, ¹That 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-

nlent of any article of food, clothing, cotton, woven silk or woven silk blends, spun silk )¹arn 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 s · ess 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, wover1 silk and woven silk blends, spun silk yarn for cartridge cloth, synthetic fabri or coated synthetic fabric, wool, or specialty metals including sta·

less steel flatware, growr1, reprocessed, reused, or produced in th 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 procureme procurements of perishable foods by establishments located o

the United States for the personnel attached thereto; Nothing· .

provision shall preclude the procurement of foreign proauced 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 ^su~ ...

contracts

will

be made at a reasonable price and that no award sh

be made for such contracts if the price differential exceeds 5 ^p~ ...

PUBLIC LAW 97-276 OCT. 2, 1982 96 STAT. 1189

centum; None of the funds appropriated or made available p11rsuant

to

this paragraph shall be used except that, so far as practicable, all acts shall be awarded on a forrnally advettised competitive bid

to the lowest responsible bidder.

uch arnounts as may be necessary for continuing the activities

_... V.&.&.-

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 arnounts allocated to each country under this par aph shall not exceed those provided in fiscal year

1982 unless su tnitted through the regular reprograming proce- dures of the Cotntnittees on Appropriations: Provided further, That economic and rnilitat·y assistance shall be available to Israel at the rate provided by, and tJnder the terrns and conditions of, Public Law 97-113.

(e) Notwithstanding section 102 of this joint resolution, such amounts

^as

may be nee for contint1ing projects and activities under all the conditions an to the extent and in the manner

as

provided in S. 2939, entitled the · tive Branch Appropriation Act, 1983,

^as

repotted September , 1982, and 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, 82, shall be treated

as

a ro riatin the following amounts:

Under the headings "J fl'E S",

"CoNTINGEN'r EXPENSES OF 'tHE SENATE",

"Joint Econo1nic Cotnrnittee", $2,327,000, and "CoN-

TINGENT ExPENSES OF THE

HousE", "Joint Corn1nittee on Taxation",

$3,233,000;

tJnder the headings "CONGRESSIONAL BUDGET CE", "SALARIF.S

AND ExPENsES",

$14,825,000; under the head-

'ARCHI'fECT OF THE CAPITOL", "Salaries", $4,301,000;

the headings "COPYRIGHT ROYALTY TRffiUNAL", "SALA-

AND ExPENSES",

$606,000, of which $157,000 shall be derived from the appropriation "Payments to Copyright ers" for the

reasonable costs incurt

¹

ed

in

pr · gs involving distribution of

royalty

fees as provided b 17 U.S.C. 807; •1nder the headinf!S

"GENERAL

ACCOUNTIN OFFICE", "S

^AND ExPENsEs~\

$244,900,000.

For purposes of this subsection, S. 2939 shall be applied as follows:

The limitation on the number of staff emplo ees of the Congres-

sional Budget Office contained in

S. 2939 shall ap lied by substi- The fourth proviso under the headings "GOVER NT PRINT-

ING OFFICE' '

"Go

^{NT G}

OFFICE

^{REVOLVING "'}

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 Ada1n Benjamin, Junior, late a Representative from the State of Indiana, $60,663.

(f)

Such amounts are available as may be necessat·y for projects or activities provided for

in

H.R. 6968, the Military Construction

ppropriations Act, 1983, as passed the House on August 19, 1982, at

95 Stat. 1647.

22

usc

^2412.

22

usc

^2680.

95 Stat. 1519.

22

usc

²¹⁵¹

note.

5 USC 5318 note.

95 Stat. 1135.

Fun ^dinK

availability.

Ante, ^p. 928.

PUBLIC LAW 97-276 OCT. 2, 1982

,a r

te

for operations and to the extent and in the manner provided for in uch Act: Provided That notwithstanding the foregoing ^{p · ..}

sion of this paragraph and not withstanding any other provisi thi joint resolution,, such arnounts as may be necessary for p

or activities provided for ⁱⁿ the Militat·y Construction Act,

(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 flied in the House of

Representatives on September

30, 1982,

as if such Act had been enacted into law.

(g) Such arno11nts as ma be necessat·y for continuing activities which were conducted in ^18Cal year 1982, for which provision was 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

aph shall be used ^to initiate or resume any project or activity w · ch 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·

a significant reduction of the employment levels for any program

activity below the employment levels in effect on September 30,

1982.

SEc.

102.

Appropriations and

funds

made available and authority granted pursuant to this joint resolution shall be available

October 1, 1982, and shall remain available until (a) enactmen law of an appropriation for any project or activity provided

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 frrst 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

ap~ort1oned pursuant to subchapter II of chapter 15 of title 31, U ruted States Code, may be apportioned on a basis indicating the need (to the extent ^any such increases cannot be absorbed within available ~PP!Opriations) for a supplemental or deficiency estimate of a~propr1at1on to the extent necessary to permit payment of such pay mcreases as may be granted pursuant to law to civilian office

and employees and to active and retired military personnel. -'"""',.

PUBLIC LAW 97-276 OCT. 2, 1982 96 STAT. 1191

such appropriation shall otherwise be subject to the requirements of chapter II of chapter 15 of title 31, United States Code.

'--'· 106.

In

accordance with Public Law 97-257 of September 10, , not to exceed an annual rate of $13,500,000 from the fees ected and credited to the "Salaries and Expenses" appropriation of the Federal Bureau of Investigation to process fingerprint identi- fication records for noncriminal employrnent 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 amo•1nts 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 available until expended and shall be available to pay for work perforrned prior to fiscal year 1982

in

support of the Columbia River Estuary Data Development Progra1n,

^if

such work is accepted by the Water Resources Council.

SEc. 109. (a) Notwithstanding any other provision of law, no part 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(a)(2)(A) of title 5, United States Code, or an employee covered by section 5348 of that title, in an amount which exceeds

.

-

(1) for the period from October 1, 1982, until the next applica- ble wage sut·vey 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

--- sut·vey adjustment, the rate payable under paragraph (1) f · 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 provisions of subsection (a) of this section shall apply (in such 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 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,

any other employee benefit, which requires any deduction or

Ante, ^p. 928.

Ante, ^p. 818.

95 Stat. 1148.

5 USC 5343 note.

5

usc

^5348.

5

usc

⁵³⁴³

note.

Regulations.

PUBLIC LAW 97-276 OCT. 2, 1982 96 STAT. 1193

the acquisition of strategic and critical materials under section

1) of the Strategic and Critical Materials Stock Piling Act (50 . 98e(a)(l)) and for transportation and other incidental

I:ses related to such acquisition .

. 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. (a)(l) Funds provided by

this

joint resolution for ^costs

to

continue the itnplementation of provisions contained ⁱⁿ the District ^f of Colutnbia 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 pro 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

"LOTI,ERY AND C IT ABLE G S

ENTERPRISE FUND" in e District of Columbia Appropriation Act, 1982 (Public

Law

97-91;

Stat. 1175) is amended 95 Stat. 1174.

(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 gatnbling paraphernalia or serv- ices, and prizes";

(2)

in the third proviso, by st · · g out "payments of prizes"

d 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 st · · gout "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 Progra1n and the Community Workers Progra1t1, and may implement the hearing commissioner program, from existing resources and position authority. Upon passage of the

·1scal 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- on except section 102, there are appropriated to the Postal Service

. 11

Ant~. pp.

•

Ante, p. 129.

42

usc

^6281-

62416.

15

usc

⁶⁸¹

note.

t

L 1

for

COD 8

Providal, That 1nail for

con · ue

^{to :}

Provided

· for

na · •·al d li of · shall co

. 116. .

States · and · Se · fo fish'' and to the Office of Surface

ment for " doned Mine d'' shall

able

^\IDtiJ

SBC. 117. otwi section ) of this jo ·

fun, ds shall be available for U

^{•tee~ tate&}

Court of the Federal Circuit at an annual rate not

^to

Sec. 118. Notwi other provision of law o o joint resolution, AID/ 41 for Intel , aaa · onal

ment, shall be extended for an years.

Ssc. 119. N · other · of this joint

tion, there

^{is · to}

rernain available

expended, for SmithSonian

¹

'Constt uction"

^to

cany o

the provisions of Ptablic Law 97-208 to const1uct a · fo Muse111D of African Art

^and

a for Eastern art

stl'uctures for related educatiolial ·vities in the area south of e Srnithsonian Institution incl not to

$1 ,000 for se1

²

viees as autho1 ired by 6 .S.C. 8109: Provided, 'lba

e~cept

for funds · ted or for planning, ad•ninistra ·o

and •nanagement expenses, and · or other

· no funds herein approp1 iated sball be available for tion or · until such

^{tiane 88}

the Chancellor

behalf of the of Regents of the Srnithsonian ·

certifies that all

^~·•ired

· funds are act••ally

^AJD

hand

available tb' rough

SBC. 120. N · other of this joint resolu- tion, there

^is

$

^I

118, ,

^to

reanain available until expended, for of EneQJY

"Stra~c

Petroleu•n

to

ca•·ty o

^t

the provisions of sections 151 through 166 of the ...

Policy

an~d

Conse1 vation Act of 1975 (Pa1blic Law 94-168).

SEC. 121. · section 101(a)(8) of this joint resolution, of the funds rovided for the Sala1ies and appro riation of

the Srnall

^B•asin

Ad , rninistration ••nder joint reso ution, an

annual rate of $14,000,000 shall be available for grants for Sxnall · Develo ment Centers

⁸⁸

au · by · 20(a) of the Srnall Bt•siness '*' as aanended.

SBC. 122. N · section 101(aX8) of this joint

none of the funds by this · · resolution for the

Corporation shall be for

^{any p}

or

limited b or

^{conti·a~I2J to}

section 4

^{(a), (b),}

and c); section 6; and section 1 of H.R. , as the House of Representatives on

J••ne 18, 1981: Provided, That none of the funds appropriated under

this joint resolution for the Se1 vices Corporation sball be

to

provide aosistance for or on behalf of any alien

... _{... ..} ^, _.. ^.

the alien

^is

a res1dent of the United States and

~~tis-

(1) an alien lawft•lly adrnitted for

^t

residence as an

· as defined by · 10 (a)(l5) and 101(a)(20) of the

· and Nationality Act (8 U.S.C. 110l(a) (15),

^(20));

(2) an alien who is either •na•·ried

^to

a United States citizen or

is a parent or an tJnanarried child tJnder the age of

,

PUBLIC LAW 97-276 OCT. 2, 1982 96 STAT. 1195

years of such a citizen and who has filed an application for adjustment of status to permanent resident tJnder the ltnmigra- tion and Nationality Act, and such application has not been

r'.L.IIj

ected;

(3) an alien who is lawfully present in the United States pursuant to an admission under section 207 of the lrntnigration 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(bX11) 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

£or the Legal Services Corporation shall be used b the Corpora- tion in making grants or entering into contracts for egal 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-

y

of the board of directors or other governing body of which ganization 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

ttomeys practicing law in the locality

in

which the organiza- to provide legal assistance: Provided further, That none of the appropriated under this joint resolution for the Legal Serv-

1

Corporation shall be used to bring a class action suit against the

F~ederal

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

l~egislation

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 th · e 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 a1nount of the indebtedness may be collected in monthly installments, or at officially established regular pay period interv. als, 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

^~asic

pay, other authorized pay. Collection all be made over a period not greater than the anticipated period

11

usc

¹¹⁰¹

note.

42

usc

^2996f.

5 USC 5514 note.

. 1

rmln tion

or

mploym nt,

d bt coli tion.

16

u

¹¹⁸²

notes.

94 StaL 94¹9.

48

usc

^{17 2.}

42 USC 603 note.

42

usc

^601.

42

usc

^608.

95 Stat. 1647.

49

usc

¹³⁷⁶

.note.

of n.

of of

or e or

co o of e

^I

oun of

shall

^made

from Ia r of

indi 'd from e U 'ted .

•

18 •

y

BC.

126. or the $77, 000 available at annual

oint resolu ·on for he prqga a rna of e U

, $67,801,000 lie available for e and te1 , ll&tioilal isitor

Pi~a·aans,

$2,620,000 s be a

tbe H•••n hrey Fellowship

^Pa~tsaan

and $7,121,000 shall able for e Private

SBC.

126. for lands sections

^{lOb and}

Public Law , section 108 of Public w 96-550, sectio

^~

of Public Law 96-812 and section 608 of PUblic Law

elfcept for land in the State of and lands in the na o

fonm released to •nanagement any use the of

· deeans appropriate throqh the 18nd •nanagement p · rocess by statewide or other Act of

components of the ational Wilderneos ow

effect or hereinafter enacted, none of the f\mds in this

resolution shall be for of the processing o isstaance of

^pez~anits

or leases ·

^to

·on for or devel·

OJ!ment of Coal, oil, te, ''In, sulp ,

·te, or on lands within

^any

component the National Wilderness !'reservation Systean o

within

^any

Forest Sez vice RARE n areas reco•n•nended for wilde

n desig11ation or allocated

^to

further planning in

^~

Co•n•n•anication 1604, N Congteos (House

n•J•nbered 96-119); or within

^any

lands designated by as wilderness

^study

areas.

SBC. 12'1. No reduction in the a•nount payable

^{to any}

State unde title IV of the · Act with ro of the

years 1977 through 1982

^be

anade prior ro the

^ts

on

this resol ·on expires on account of the provisions of of such Act.

SBC. 128. Notwithstan

^any

other · · of this

^joint

resolu·

tion except section 102, fUndS shall available for the

^s~lal

supplemental food

^q1a1n

as autholsized by section 17 of the Child

Nutrition Act of 1 66 (42 U.S.C. 1786), at the rate and ••nder the ter•ns and conditions · for in title m of H.R. 7072 as

the Senate on Se 28, 1982.

Sse. 129. N any other provision of law or this Joint

resolution, except section 02, an a1no••nt for those lntez1aational Financial ,Institutions referred

^to

in title I of Public Law 97-121, the

Foreign Assistance and Related Pl-ogi·a•n Appropriations 1982, as is equal

^to

the total for such institutions in that title,

^•nay

be allocated by the ·

^t

aanoq those institutions in a ananner which does not exceed the li•nits · in

^·z

• •

180. N

^any

other provision of this

^joint

resolu- tion,

^e~cept

section 102, an notwithstanding any other provision of law for ents to air caa·riers of so much of the compensation fDed an eteranined by the Civil Aeronautics Board tinder

419 of the

^~ederal

Aviation Act of 1958, as a1nended (49 U.S.C.

PUBLIC LAW 97-276 OCT. 2, 1982 96 STAT. 1197

as is payable by the Board, $48,400,000 is appropriated to remain available until expended, and such amounts as may be ·necessary to

idate obligations incurred prior to September 30, 1982, under 49 .C. 1376 and 1389:

Provided,

That, notwithstanding any other vision 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 section 419(a)(7) and services in the State of Alaska):

Provided further,

That, notwithstanding any other provision of law, such payments shall be based upon rate orders applicable

to

such carriers as of Jul 1, 1982, but shall not exceed $13,500,000 in the aggregate:

Provide 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 fr.om granting an application under section 419(a)(11)(A) (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(a)(11)(A) shall apply.

SEc. 131. Sections 308(g) and 308a(c) of title 35, United States Code, are amended by striking out "September 30, 1982" and insert-

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(j)(1) of the Public Health Service Act, relating to preventive health service programs to immunize children against immunizable diseases.

EC. 133. (a) In accordance with section 101(b) of this joint resolu- ' activities under title XV of the Public Health Service Act shall

"'"'ntinued at a rate

to

maintain curr.ent 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, orr loan guarantee under the Public Health Service Act or the Comprehensive Alcohol Abuse and Alco- holism Prevention, Treatment, and Rehabilitation Act of 1970 shall be subject to reduction under section 1521(d)(2) of the Public Health Service Act during the period beginning on October 1, 1982, and 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.

SEc. 135. Notwithstanding ^any other provision of this joint resolu- 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 pr.ocessing activities of $800,000,000, including

$45,000,000 for this purpose which is currently available under section 118.ofPublic Law 97-248.

SEc. 136. Notwithstanding the decision of the Unit ed States Court of Appeals for the District of Columbia Circuit in Connecticut

49

usc

^1376.

49

usc

^{1389. '}

•

37

usc

^308,

308a.

42

usc

^247b.

42

usc

^300k-1.

42 USC 201 note.

42

usc

⁴⁵⁴¹

note.

42 USC 300m.

42

usc

^295g-6.

Funds, t ransfer.

A nte, p. 355. 42

usc

^1395h

note.

. 1

•

, J ul .

^{sect i ~ 1 f}

u I

^{i ~}

t i r ^{11: ·} f ^t h uri ^{t I} t. ^{n 11}

) II ^{r ,} i ¹¹ r ^{i l} r . ^{t t ~ 1 . __ J} p r ⁱ r ^t

r 1. I, r d r t t1 i r n t _t1~ r ^I t, u

t

^t1

11

n~ n ¹ tl r r n t t u t1 d ^{l 1}

fr

^{r r i} b _• ^t hi

r

l1

r

^{t, t}

r

ⁱ

m u

t , ^J it u r ^{r , d p} i, ^r r ^{1, 1. 7 , und~} r ^t i 1~

, I

^~

I , • I • 1 I , r of

^t

h

^{i I}

uri

^{t ,}

u n I ... _

·"'" r ^I t ^[I r r i r n l1 d b ^{n o ffi I} i II ^{t r 1 n} i l d ^{t t} h

tot. 611.

42

u

⁹⁹⁰¹

no .

96 tat. 512. 42

s

^{990 .}

95 tat. 611.

42

u ·

^9902.

Community

rv1oes •

Admini tra.tion clo out

pen .

2 U C ²⁴⁰ note.

20

u c

^240.

9.5 Stat. 444.

94 Stat. 1502.

95 Stat. 450.

42

usc

^'241.

I ^{d ~ r} I ' ^{rn n r} h~ i hir1 _• ^r f: ^r h fi I

r

it hi h tl , p ¹¹ d.

u

r

o u

rr d.

r r

^{figvu I .}

nl nt 11 ^~d r it r u

h

r ^{1 ~}

I

r ir d t b r i ¹¹ ur d b _• urt d ci, ior1 ir1 ¹¹

n1b r · , 1 ~ h II b ⁿ¹ d, in rd n, . i h

u - b bli h d und~ r th, oci I

urit ct

^{0\' r} fi "·'""

· tl1rou h 1 ^{I · •}

F, . 1· 7.

Notv.'i h

^{t n ~dir1 · ny oth~ r} pro ^{i i~on} of thi, joint r ol u ti n, ^{th ~} r r ppropri

d 1 ,000

^{~or fi} c

I

r

1 , ,

o rr

ou

^th~

Ru11 · ' '

^{n ~d}

Hon1

1, You

11 c .

E . 1' . ot i h nding n ^oth~ r pro i, ion of I ^w. of th ^fun~d ppropri ^t d Cor fi c I r 19 · ^to c rry out th omJtlUili ^{y rv~}

i Block

r

nt ct of 19 l,

not mor,

tl1 n 10 ^p

r c

n

urn of

^th,

fu11~d

II

ott

d

to

ch

^t

und ,

r ^{cti~on 1 7}

4

·of uch

Act

sh,

II

u d for purpo oth r th n ^to m, k r n - ^{to ligi.bl ~} ntiti

d ^fin d ^{i11 cti~on} 7 1)

of

^su~ch Act

or

^to

org niz

ion

s rvin , _..., · on

I ^{11 ~d}

migr

^{11t f}

rmwork r or o d

ⁱ

n d limit d

^purpo~..-

- . - 11

^{i ~} "'hich ^{n1, t} th

r quir

ⁿ¹

nts of s ction

73(1

of

such Act.

,._..F. • } , , • Not\\dth ^{t n~ding} ny o· her provi ion of this joint r sol u-

· ion

unoblig ^t d fund from ^fi c I y r 19 2

appropri tion

provided ^~or clo out ctiviti s of

tl1e

Community S rvic ^A~dminis-

r tion r o rem_ in

availabl through Sept mb r

30,

19 ..

E, • 1 ·

0.

Notv.'i h ^{tan ~ding} s ction 5(b of th Act of p mb r 0 1- 50 (Public Law ⁷ 4,

Slst

Congress , ^n~ot la r th n

thirty

d ^ys aft r th b ^gir1ning of the fiscal ^y ar, th S cretary of ^Edu~c tion sh

11,

on h basi of ^,any application for preliminary p ^ym, nt f•r

11y

local

^{du.~cation ,al}

agency which wa

eligible ^~or a

paym during

tl1e receding fiscal ^ye

r on the b, asis o ntitlem nts

li hed under

secti . on

2 or 3 of such Act, make to such ^agen~cy

p )'ment of no

less

th,an-

1) in the

case

of a local educational agency ^d~escribed in

section

3(d

(1

(A)

of

^su~ch

Act,

75

per

centum

of

^{th~e am~ount} that

such

^agen~cy received during ^,su~ch preceding

fiscal

year; and (2 in the case of any other local ~educational agency, 50 p r

~centum of the ^am~ount that such agency received during such

preceding fiscal

year.

SEc.

141 Notwithstanding

any

^~oth~er provision of this joint resolu- tion or section ^512(b) of the Omnibus Budget Reconciliation Act of 1981, there are appropriated $9,000,000 £or fiscal

year

1983 ^to

carry

out subpart 2 of part H of title XIII of the Edue~Jtion Am~endments of 198'0 and

sectio11

528(5) of the Omnibus ^Bu~dg~et Reconcili ^{ti~on A~ct} of

1981 , ,

which

shall

remain available for obligation until September 3'0.,

1988.

SEc.

142. ^N~otwithstan~ding any o ^h~er provision

of

this

joint

res·olu-

ti~on, th~ere is ^h~ereby appr~o riated

$5,000,000

u.nder title

Ill

of the

United States

^Publi~c Heath ^{Servi~ce A~ct}

tor

Nursing

Research

a~ctivities.

PUBLIC LAW 97-276 OCT. 2, 1

¹

982 96 STAT. 1199

SEc.

143. Section 93 of title 14, United States Code, is amended by ) striking out "and" at the end of subsection (p); (2) striking out the

· od at the end of subsection

(q)

and inserting in lieu thereof ... d"; and (3) adding at the end thereof the following ne\v subsec- n: "(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- tion, the head of any department or agency of the Federal Govern- ment in carrying out any loan guarantee or insurance prograin shall enter into comtnitments to guarantee or insure loans pursuant to such prograrn in the full a1nount 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

r~esolution,

no change

in the regulations subject

to the moratorium required by section 135 of Public Law 97-248 shall be promulgated in fmal form until one hundred and twenty days after the expiration of the moratoritJm, 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- . n, for necessat·y expenses for the National Oceanic and Atmos-

ric Administration (NOAA)

^to

operate the civilian land remote satellite system

aJANDSAT),

$13,555,000 above the rate 1aea by section 101(a) of this joint resolution, shall remain

available until expended.

·

SEc.

149. Of the arnounts appropriated to the Department of State for the purposes of "Contributions for International Peacekeeping Activities" not more than $50,000,000 shall be available for expenses

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-

vided, That none of these funds shall be obligated or expended for contributions to the United Nations Transition Assistance Group unless the President detertnines and reports to the Congress that an internationally acceptable agreement has been achieved arnong the parties

^to

the Natnibia dispute concerning implementation of United Nations Security Council Resolution 435 for the independ- ence of N arnibia.

SEc.

150. Notwithstanding any other provisions of this joint reso- 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.

Loan guarantee.

...

Proposed

regulations, review and comment.

Ante, p. 375.

Peacekeeping activities.

Report ^to Congress.

22

usc

^2680.

Effective date.

•

s.

E ectiv da .

n

•

s

ceo

· od of uc · , , at ' ""· """'

of

^{tr, · · ,}

o · c ·

^{1 ·}

ord ·

^~or

·~·

· · tr:a ·ve wor

^I

k.' .

~Sectio

65' 2

^{~of tit}

e , 5, U · ·. Sta · . · Cod .u.

^.u.,iii

, t th~e

e

· ~d th~e;reof

the fo owin, .. n w

^su1

ction:

N~otwiths _ -,

·

^g

any other

^p

l ovision

^~of

l

^{w _ th~} -

re

:

·

· ^~or

r

.

· er

p y ^~of

a £ormer

·

ember of a

-

·

^~o~

;

_·

rvic

·

eb·

^_I

n. ot be

d~ ~ced w ^!

e sue fo· 11ner member is

te.

po -

^{~· y}

employed, d

·

the period

d~escribed

· p (

:

2 or ·

^{I .y} portio~ the~f,

u der the adrni.nistrative a , _ thority of the

A~dtninistrator,

F1 _- e - al

^Aviati~on

Adrninistration, to perfoi . a:n d ties in

t

e operation of th · e

^,air

traffic

~control system ~or

t,o

^{tr - · ~}

others to perform such

^~duties.

' -· ,

2 I The provisions of : h 1

^~of

this

·

au

-

section shall be ·

, .

effect for

^,an.y

period ending not later than

· . ·. ^~81,

1984, during which

^th~e

Adrninistrator, Feder

,

al Aviation Administration, dete1 mines that there is , an tJ . nusual sho1 ta, ge of air traffic

^cont~-ol­

lers

perforrnin~

duties l•nder the ad1ninistrative a . _ thoricy of such Ad1:ninistrator. · .

~c

Chapter 55 of title , 5, United States Code, is a · rnended by insel'ting after section 5546 the following new section:

" .

~5546a. Differ~ential

pay for certal em loyees of the Fed . Aviation Adtttin · stnltion

u(a)

The Adrninistrator of the F1ederal Aviation Administr, a · ·

(he~ ^I

r

·

·

_

this section n!ferred to as the

~Adrninistrator'' may

r~emiu·rn

· at the

^~ate

of 5 per

^~cent1•rn

of

^{t .}

e applicable r , ate

· ^~asic

pa

^to-

u

1) an

_ empl~yee

of th

·

e

~eder,al

Aviation Administration

who is · ·

' "(A ·

^{occu~- .ying}

a position

in ^th~e

air

traffi~c con'tr~oller

series

^{classi ~ ·}

ed not low

,

er than

^~GS-9 .and

located

in

an air

traffic control center or

^{te1 .1ninal}

or in a flight service

station;

"'(B ·

assigned to a position classified not lower than · 9 or WG-10

^l~ocated

in - an airw, ay

faciliti~es

, sector;

^~or

.

"~C

assigned

^to

a flight inspection

~c~ew-member

position

c~assified

not lower than OS.:ll located

in

a flight inspec·

t1on field

^~offi,ce,

the

^~duties ~of wh~ose

position are · · ·, by the

Adrninist~a­

to· r

^to

be

dir~tly

involved in or responsible for the opetation

and maintenance of the air

^t~affic

control system; and

·

'

'

'(2) any

~empl~yee

of the 141ederal Aviation Adrninistration

wh~o

is assigned to

^a

flig' ht test pilot position classified not lower than GS-12 located

in

, a

~ion

or center, the duties of · whose

position are

~deteiroin~ed

by the Administrator

^to

be tJnusually

PUBLIC LAW 97-276 OCT. 2, 1982 96 STAT. 1201 taxing, physically or mentally, and to be critical to the advance-

ment of aviation safety.

) The premiurn pay payable under

^any

su ion of this n

^is