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Page:United States Statutes at Large Volume 96 Part 2.djvu/519

 PUBLIC LAW 97-377—DEC. 21, 1982 priation for the payment of compensation and other benefits for any period subsequent to June 15 of the current year: Provided further. That in addition, such amounts shall be paid from this fund into miscellaneous receipts as the Secretary of the Treasury determines to be the administrative expenses of the Department of the Treasury for administering the fund during the current fiscal year, as authorized by section 9501(d)(5)(B) of that Act.

96 STAT. 1881

26 USC 9501.

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION SALARIES AND EXPENSES

For necessary expenses for the Occupational Safety and Health Administration, $205,256,000, including not to exceed $47,625,000, which shall be the maximum amount available for grants to States under section 23(g) of the Occupational Safety and Health Act, which grants shall be no less than fifty percent of the costs of State occupational safety and health programs required to be incurred under plans approved by the Secretary under section 18 of the Occupational Safety and Health Act of 1970: Provided, That none of the funds appropriated under this paragraph shall be obligated or expended to enforce or prescribe as a condition for initial, continuing, or final approval of State plans under section 18 of the Occupational Safety and Health Act of 1970, State administrative or enforcement staffing levels which are greater than levels which are determined by the Secretary to be equivalent to Federal staffing levels: Provided further. That none of the funds appropriated under this paragraph shall be obligated or expended for the assessment of civil penalties issued for first instance violations of any standard, rule, or regulation promulgated under the Occupational Safety and Health Act of 1970 (other than serious, willful, or repeated violations under section 17 of the Act) resulting from the inspection of any establishment or workplace subject to the Act, unless such establishment or workplace is cited, on the basis of such inspection, for ten or more violations: Provided further, That none of the funds appropriated under this paragraph shall be obligated or expended to prescribe, issue, administer, or enforce any standard, rule, regulation, or order under the Occupational Safety and Health Act of 1970 which is applicable to any person who is engaged in a farming operation which does not maintain a temporary labor camp and employs ten or fewer employees: Provided further. That none of the funds appropriated under this paragraph shall be obligated or expended to prescribe, issue, administer, or enforce any standard, rule, regulation, order or administrative action under the Occupational Safety and Health Act of 1970 affecting any work activity by reason of recreational hunting, shooting, or fishing: Provided further. That no funds appropriated under this paragraph shall be obligated or expended to administer or enforce any standard, rule, regulation, or order under the Occupational Safety and Health Act of 1970 with respect to any employer of ten or fewer employees who is included within a category having an occupational injury lost work day case rate, at the most precise Standard Industrial Classification Code for which such data are published, less than the national average rate as such rates are most recently published by the Secretary, acting through the Bureau of Labor Statistics, in accordance with section 24 of that Act (29 U.S.C. 673), except—

29 USC 672.

29 USC 667.

29 USC 651 note, 29 USC 666.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/520

 96 STAT. 1882

29 USC 651 note. 29 USC 662.

29 USC 656, 667.

PUBLIC LAW 97-377—DEC. 21, 1982 (1) to provide, as authorized by such Act, consultation, technical assistance, educational and training services, and to conduct surveys and studies; (2) to conduct an inspection or investigation in response to an employee complaint, to issue a citation for violations found during such inspection, and to assess a penalty for violations which are not corrected within a reasonable abatement period and for any willful violations found; (3) to take any action authorized by such Act with respect to imminent dangers; (4) to take any action authorized by such Act with respect to health hazards; (5) to take any action authorized by such Act with respect to a report of an employment accident which is fatal to one or more employees or which results in hospitalization of five or more employees, and take any action pursuant to such investigation authorized by such Act; (6) to take any action authorized by such Act with respect to complaints of discrimination againt employees for exercising rights under such Act: Provided further, That the foregoing proviso shall not apply to any person who is engaged in a farming operation which does not maintain a temporary labor camp and employs ten or fewer employees: Provided further, That none of the funds appropriated under this paragraph shall be obligated or expended for the proposal or assessment of any civil penalties for the violation or alleged violation by an employer of ten or fewer employees of any standard, rule, regulation, or order promulgated under the Occupational Safety and Health Act of 1970 (other than serious, willful or repeated violations and violations which pose imminent danger under section 13 of the Act) if, prior to the inspection which gives rise to the alleged violation, the employer cited has (1) voluntarily requested consultation under a program operated pursuant to section 7(c)(1) or section 18 of the Occupational Safety and Health Act of 1970 or from a private consultative source approved by the Administration and (2) had the consultant examine the condition cited and (3) made or is in the process of making a reasonable good faith effort to eliminate the hazard created by the condition cited as such, which was identified by the aforementioned consultant, unless changing circumstances or workplace conditions render inapplicable the advice obtained from such consultants: Provided further, That none of the funds appropriated under this paragraph may be obligated or expended for any State plan monitoring visit by the Secretary of Labor under section 18 of the Occupational Safety and Health Act of 1970, of any factory, plant, establishment, construction site, or other area, workplace or environment where such a workplace or environment has been inspected by an employee of a State acting pursuant to section 18 of such Act within the six months preceding such inspection: Provided further. That this limitation does not prohibit the Secretary of Labor from conducting such monitoring visit at the time and place of an inspection by an employee of a State acting pursuant to section 18 of such Act, or in order to investigate a complaint about State program administration including a failure to respond to a worker complaint regarding a violation of such Act, or in order to investigate a discrimination complaint under section

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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Page:United States Statutes at Large Volume 96 Part 2.djvu/521

 PUBLIC LAW 97-377—DEC. 21, 1982

96 STAT. 1883

11(c) of such Act, or as part of a special study monitoring 29 USC 660. program, or to investigate a fatality or catastrophe: Provided further, That none of the funds appropriated under this paragraph may be obligated or expended for the inspection, investigation, or enforcement of any activity occurring on the Outer Continental Shelf which exceeds the authority granted to the Occupational Safety and Health Administration by any provision of the Outer Continental Shelf Lands Act, or the Outer 43 USC 1301 Continental Shelf Lands Act Amendments of 1978. "^^^^^ 43 USC 1801 note.

MINE SAFETY AND HEALTH ADMINISTRATION SALARIES A N D EXPENSES

For necessary expenses for the Mine Safety and Health Administration, $153,828,000, including purchase and bestowal of certificates and trophies in connection with mine rescue and first-aid work, and the purchase of not to exceed eighty-eight passenger motor vehicles for replacement only; the Secretary is authorized to accept lands, buildings, equipment, and other contributions from public and private sources and to prosecute projects in cooperation with other agencies. Federal, State, or private; the Mine Safety and Health Administration is authorized to promote health and safety education and training in the mining community through cooperative programs with States, industry, and safety associations; and any funds available to the Department may be used, with the approval of the Secretary, to provide for the costs of mine rescue and survival operations in the event of major disaster: Provided, That none of the funds appropriated under this paragraph shall be obligated or expended to carry out section 115 of the Federal Mine Safety and Health Act of 1977 or to carry out that portion of section 104(g)(1) of such Act relating to the enforcement of any training requirement, with respect to shell dredging, or with respect to any sand, gravel, surface stone, surface clay, colloidal phosphate, or surface limestone mine. BUREAU OF LABOR STATISTICS SALARIES AND EXPENSES

For necessary expenses for the Bureau of Labor Statistics, including advances or reimbursements to State, Federal, and local agencies and their employees for services rendered, $120,143,000. DEPARTMENTAL MANAGEMENT SALARIES AND EXPENSES

For necessary expenses for Departmental Management, including $1,973,000 for the President's Committee on Employment of the Handicapped, $91,864,000, together with not to exceed $8,752,000, which may be expended from the Employment Security Administration account in the Unemployment Trust Fund and of which $8,535,000 shall be for carrying into effect the provisions of 38 U.S.C. 2001-03.

30 USC 962.

30 USC 825. 30 USC 814.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/522

 96 STAT. 1884

PUBLIC LAW 97-377—DEC. 21, 1982 SPECIAL FOREIGN CURRENCY PROGRAM

For payments in foreign currencies which the Treasury Department determines to be excess to the normal requirements of the United States, for necessary expenses of the Department of Labor, as authorized by law, $67,000, to remain available until expended. This appropriation shall be available in addition to other appropriations to such agency for payments in foreign currencies. OFFICE OF THE INSPECTOR GENERAL

For salaries and expenses of the Office of the Inspector General in carrying out the provisions of the Inspector General Act of 1978, $38,133,000, together with not to exceed $6,835,000, which may be expended from the Employment Security Administration account in the Unemployment Trust Fund. GENERAL PROVISION

Short title. Department of Health and Human Services Appropriation Act, 1983.

SEC. 101. Appropriations in this Act available for salaries and expenses shall be available for supplies, services, and rental of conference space within the District of Columbia, as the Secretary of Labor shall deem necessary for settlement of labor-management disputes. This title may be cited as the "Department of Labor Appropriation Act, 1983". TITLE II—DEPARTMENT OF HEALTH AND HUMAN SERVICES HEALTH SERVICES ADMINISTRATION HEALTH SERVICES

For carrying out titles III, V, VII, VIII, X, and XIX of the Public 42 USC 241, 219, Health Service Act, the Act of August 8, 1946 (5 U.S.C. 7901), section 292, 296, 300; 95 1 of the Act of July 19, 1963 (42 U.S.C. 253a), section 108 of Public Stat. 535. Law 93-353, section 427(a) of the Federal Coal Mine Health and 42 USC 300w. Safety Act, as amended, and title V of the Social Security Act, 42 USC 253b. $1,018,563,000 of which $1,732,000 shall be available only for pay30 USC 937; 42 use 701. ments to the State of Hawaii for care and treatment of persons afflicted with Hansen's disease; and of which $3,292,000, to be available until expended, shall be used to renovate the National Hansen's Disease Center: Provided, That this appropriation shall be available for payment of the costs of medical care, related expenses, and burial expenses hereafter incurred by or on behalf of any person who has participated in the study of untreated syphilis initiated in Tuskegee, Alabama, in 1932, in such amounts and subject to such terms and conditions as prescribed by the Secretary of Health and Human Services and for payment, in such amounts and subject to such terms and conditions, of such costs and expenses hereafter incurred by or on behalf of such person's wife or offspring determined by the Secretary to have suffered injury or disease from syphilis contracted from such person: Provided further, That when the Health Services Administration operates an employee health program for any Federal department or agency, payment for the estimated cost shall be made by way of reimbursement or in

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Page:United States Statutes at Large Volume 96 Part 2.djvu/523

 PUBLIC LAW 97-377—DEC. 21, 1982

96 STAT. 1885

advances to this appropriation: Provided further, That during 1983, and within the resources and authority available under sections 338 and 338E of the Public Health Service Act, gross obligations for the principal amount of direct loans under section 338E of that Act shall not exceed $1,000,000: Provided further, That none of the funds made available by this Act shall be used to provide special retention pay (bonuses) under paragraph (4) of 37 U.S.C. 302(a) to any regular or reserve officer of the Public Health Service for any period during which the officer is providing obligated service under section 338B (or under former sections 225(e) or 752) of the Public Health Service Act except that this proviso shall not apply to any period of service covered by an agreement entered into by an officer under 37 U.S.C. 302(c)(1) before the date of enactment of this Act.

42 USC 254k, 254p.

42 USC 234 note, 254m note.

CENTERS FOR DISEASE CONTROL PREVENTIVE HEALTH SERVICES

To carry out titles III, XI, and XIX of the Public Health Service Act, the Federal Mine Safety and Health Act of 1977, and the Occupational Safety and Health Act of 1970; including insurance of official motor vehicles in foreign countries; and purchase, hire, maintenance, and operation of aircraft, $290,701,000, of which $2,050,000 shall remain available until expended and shall be for construction and equipment of facilities of or used by the Centers for Disease Control: Provided, That training of employees of private agencies shall be made subject to reimbursement or advances to this appropriation for the full cost of such training.

42 USC 241, 300b; 95 Stat. 535; 42 USC 300w. 30 USC 801 note. 29 USC 651 note.

NATIONAL INSTITUTES OF HEALTH NATIONAL CANCER INSTITUTE

For carrying out, to the extent not otherwise provided, the Public Health Service Act with respect to cancer, $983,576,000. NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

For expenses, not otherwise provided for, necessary to carry out the Public Health Service Act with respect to heart, lung, blood vessel, and blood diseases, $622,745,000. NATIONAL INSTITUTE OF DENTAL RESEARCH

For expenses, not otherwise provided for, to carry out title IV of the Public Health Service Act with respect to dental diseases, 42USe28l. $78,860,000. NATIONAL INSTITUTE OF ARTHRITIS, DIABETES, AND DIGESTIVE AND KIDNEY DISEASES

For expenses necessary to carry out title IV of the Public Health Service Act with respect to arthritis, diabetes, digestive and kidney diseases, $412,182,000.

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text: The New Student's Reference Work/Van Horne, Sir Wm. Cornelius


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Page:United States Statutes at Large Volume 96 Part 2.djvu/524

 96 STAT. 1886

PUBLIC LAW 97-377—DEC. 21, 1982 NATIONAL INSTITUTE OF NEUROLOGICAL AND COMMUNICATIVE DISORDERS AND STROKE

42 USC 281.

For expenses necessary to carry out, to the extent not otherwise provided, title IV of the Public Health Service Act with respect to neurological and communicative disorders and stroke, $295,719,000. NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES

For expenses, not otherwise provided for, to carry out title IV of the Public Health Service Act with respect to allergy and infectious diseases, $273,581,000. NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

For expenses, not otherwise provided for, necessary to carry out title IV of the Public Health Service Act with respect to general medical sciences, $369,561,000. NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN DEVELOPMENT

To carry out, except as otherwise provided, title IV of the Public Health Service Act with respect to child health and human development, $253,655,000. NATIONAL EYE INSTITUTE

For expenses necessary to carry out title IV of the Public Health Service Act, with respect to eye diseases and visual disorders, $141,561,000. NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES

42 USC 241, 243, 289/-1.

To carry out, except as otherwise provided, sections 301, 311, and 472 of the Public Health Service Act with respect to environmental health sciences, $164,367,000. NATIONAL INSTITUTE ON AGING

To carry out, except as otherwise provided, title IV of the Public Health Service Act with respect to aging, $93,996,000. RESEARCH RESOURCES

To carry out, except as otherwise provided, sections 301 and 472 of the Public Health Service Act with respect to research resources and general research support grants, $213,804,000: Provided, That none of these funds, with the exception of funds for the Minority Biomedical Support program, shall be used to pay recipients of the general research support grants program any amount for indirect expenses in connection with such grants. JOHN E. FOGARTY INTERNATIONAL CENTER FOR ADVANCED STUDY IN THE HEALTH SCIENCES

For the John E. Fogarty International Center for Advanced Study in the Health Sciences, $10,147,000, of which $1,800,000 shall be available for payment to the Gorgas Memorial Institute for maintenance and operation of the Gorgas Memorial Laboratory.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/525

 PUBLIC LAW 97-377—DEC. 21, 1982

96 STAT. 1887

NATIONAL LIBRARY OF MEDICINE

To carry out, to the extent not otherwise provided for, section 301 with respect to health information communications and parts I and J of title III of the Public Health Service Act, $46,043,000.

42 USC 241.

OFFICE OF THE DIRECTOR

For expenses necessary for the Office of the Director, National Institutes of Health, $24,683,000, including purchase of not to exceed thirteen passenger motor vehicles for replacement only. BUILDINGS AND FACILITIES

For construction of, and acquisition of sites and equipment for, facilities of or used by the National Institutes of Health, where not otherwise provided, $17,500,000, to remain available until expended. ALCOHOL, DRUG ABUSE, AND MENTAL HEALTH ADMINISTRATION ALCOHOL, DRUG ABUSE, AND MENTAL HEALTH

For carrying out the Public Health Service Act with respect to mental health, drug abuse, and alcoholism, $777,556,000, of which $100,000 for design, modernization and improvement of government owned or leased intramural research facilities shall remain available until expended.

42 USC 201 note,

SAINT ELIZABETHS HOSPITAL

For expenses necessary for the maintenance and operation of Saint Elizabeths Hospital in the District of Columbia, $76,505,000: Provided, That the Secretary of Health and Human Services may set rates for inpatient and outpatient services provided through Saint Elizabeths Hospital that in the aggregate do not exceed the estimated total cost of providing such services, and may bill and collect from (prospectively or otherwise) individuals, the District of Columbia, Executive agencies and other entities for any services so provided. Amounts so collected shall be credited to the appropriation for Saint Elizabeths Hospital for the year in which the services are provided.

24 USC I68b.

HEALTH RESOURCES ADMINISTRATION HEALTH RESOURCES

For carrying out titles III, IV, VII, VIII, and XVI of the Public Health Service Act and section 1122 of the Social Security Act, $188,531,000 of which $1,500,000 shall remain available until expended for loan guarantees made prior to fiscal year 1981 and interest subsidies under part B of title VII, $5,000,000 shall remain available until expended for grants for construction of teaching facilities under section 720(a)(3) of the Public Health Service Act, and $29,000,000 shall be available until expended to enable the Secretary of Health and Human Services to enter into appropriate financial arrangements to repay in full any loan to Meharry Medical College guaranteed under section 726 (formerly section 729) of the Public Health Service Act.

42 USC 241, 281, 292, 296, 300o. 42 USC 293.

42 USC 293f.

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Page:Bobbsey Twins at the Seashore.djvu/51

Rh "Can't promise," answered Hank, "but you can just pile in and we'll try it."

There was no choice, so the party "piled" into the carryall.

"Isn't this fun?" remarked Mrs. Manily, taking her seat up under the front window. "It's like going on a May ride."

"I'm afraid it will be a moonlight ride at this rate," laughed Mr. Bobbsey, as the stage-coach started to rattle on. Freddie wanted to sit in front with Hank but Mrs. Bobbsey thought it safer inside, for, indeed, the ride was risky enough, inside or out. As they joggled on the noise of the wheels grew louder and louder, until our friends could only make themselves heard by screaming at each other.

"Night is coming," called Mrs. Bobbsey, and Dinah said: "Suah 'nough we be out in de night dis time."

It seemed as if the old horses wanted to stand still, they moved so slowly, and the old wagon creaked and cracked until Hank, himself, turned round, looked in the window, and shouted:

"All right there?"


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/526

 96 STAT. 1888

PUBLIC LAW 97-377—DEC. 21, 1982 MEDICAL FACILITIES GUARANTEE AND LOAN FUND

42 USC 300O.

42 USC 291.

For carrying out title XVI of the Public Health Service Act, $32,000,000 shall be available without fiscal year limitation for the payment of interest subsidies. The total principal amount of loans to be guaranteed or directly made, which may be allotted among the States, pursuant to titles VI and XVI of the Public Health Service Act shall not exceed a cumulative amount of $1,500,000,000. During fiscal year 1983, no commitments for direct loans or loan guarantees shall be made. ASSISTANT SECRETARY FOR HEALTH HEALTH SERVICES MANAGEMENT

42 USC 241, i?M2 u l c 300z.

For the expenses necessary for the Office of the Assistant Secretary for Health and for carrying out titles III, XIII, and XX of the Public Health Service Act, $96,694,000 and section 2008(g) does not apply *o ^h^se programs. HEALTH MAINTENANCE ORGANIZATION LOAN AND LOAN GUARANTEE FUND

42 USC 300e.

Any amounts received by the Secretary as repayment of loans under title XIII of the Public Health Service Act for direct loans as authorized by said title XIII, and not to exceed $16,500,000 may be disbursed with respect to any liability or contingent liability incurred prior to 1983. During 1983 and within the resources and authority available, gross obligations for the principal amount of direct loans shall not exceed $24,500,000. RETIREMENT PAY AND MEDICAL BENEFITS FOR COMMISSIONED OFFICERS

10 USC 1071 et
 * ^9-

For retirement pay and medical benefits of Commissioned Officers as authorized by law, and for payments under the Retired Serviceman's Family Protection Plan and Survivor Benefit Plan and for medical care of dependents and retired personnel under the Dependents' Medical Care Act (10 U.S.C. ch. 55), such amounts as may be required during the current fiscal year: Provided, That none of these funds shall be available for payment to retired personnel of the Coast Guard or the National Oceanic and Atmospheric Administration or to the survivors of such personnel or for payment of medical care for dependents of such personnel and shall be used solely for Commissioned Officers of the Public Health Service, their dependents and survivors. HEALTH CARE FINANCING ADMINISTRATION GRANTS TO STATES FOR MEDICAID

42 USC 1396.

For carrying out, except as otherwise provided, title XIX of the Social Security Act, $19,361,845,000 to remain available until expended. For making, after June 30 of the current fiscal year, payments to States under title XIX of the Social Security Act, for the last three months of the current fiscal year, such sums as may be necessary, the obligations incurred and the expenditures made thereunder for

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Page:United States Statutes at Large Volume 96 Part 2.djvu/527

 PUBLIC LAW 97-377—DEC. 21, 1982 payments under such title to be charged to the subsequent appropriation therefor for the current or succeeding fiscal year. In the administration of title XIX of the Social Security Act, payments to a State under such title for any quarter in the period beginning July 1 of the prior year and ending September 30 of the current year may be made with respect to a State plan approved under such title prior to or during such period. After a plan or plan amendment is approved, payment may be made with respect to it for the quarter in which it was submitted or any subsequent quarter in which it remains in effect. Such amounts as may be necessary from this appropriation shall be available for grants to States for any period in the prior fiscal year subsequent to June 30 of that year. For making payments to States under title XIX of the Social Security Act for the first quarter of fiscal year 1984, $5,105,600,000 to remain available until expended.

96 STAT. 1889f

42 USC 1396.

PAYMENTS TO HEALTH CARE TRUST FUNDS

For payment to the Federal Hospital Insurance and the Federal Supplementary Medical Insurance Trust Funds, as provided under sections 217(g), 229(b) and 1844 of the Social Security Act, sections 103(c) and 111(d) of the Social Security Amendments of 1965, and section 278(d) of P.L. 97-248, $15,347,000,000. PROGRAM MANAGEMENT

For carrying out, except as otherwise provided, titles XI, XVIII and XIX of the Social Security Act, and sections 1526 and 1533(d) of the Public Health Service Act, $92,905,000 together with not to exceed $959,671,000, to be transferred to this appropriation as authorized by section 201(g)(1) of the Social Security Act, from the Federal Hospital Insurance and the Federal Supplementary Medical Insurance Trust Funds referred to therein: Provided, That these amounts shall be in addition to funding for this purpose available under section 118 of Public Law 97-248: Provided further. That $20,000,000 of the foregoing amount shall be expended only to the extent necessary to process workloads not anticipated in the budget estimates and to meet unanticipated costs of agencies or organizations with which agreements have been made to participate in the administration of title XVIII and after maximum absorption of such costs within the remainder of the existing limitation has been achieved: Provided further. That none of the funds appropriated under this paragraph shall be allotted or otherwise awarded to any Professional Standards Review Organization which the Secretary of the Department of Health and Human Services has determined should be terminated from the Professional Standards Review Program because of its inability to effectively or efficiently discharge its responsibilities under the Social Security Act. SOCIAL SECURITY ADMINISTRATION PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

For payment to the Federal Old-Age and Survivors Insurance and the Federal Disability Insurance Trust Funds, as provided under

42 USC 417, 429, 1395w. 42 USC 426a, 1395i-l. Ante, p. 559.

42 USC 1301, 1395, 1396. 42 USC 300m-5, 300n-2. 42 USC 401.

Ante, p. 355.

42 USC 1305.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/528

 96 STAT. 1890

PUBLIC LAW 97-377—DEC. 21, 1982

sections 217(g), 228(g), 229(b), and 1131(b)(2) of the Social Security 42 USC 417, 429, Act, $855,213,000. 1320b-l.

SPECIAL BENEFITS FOR DISABLED COAL MINERS

For carrying out title IV of the Federal Mine Safety and Health Act of 1977, including the payment of travel expenses on an actual cost or commuted basis, to an individual, for travel incident to medical examinations, and to parties, their representatives and all reasonably necessary witnesses for travel within the United States, Puerto Rico, and the Virgin Islands, to reconsideration interviews and to proceedings before administrative law judges, $1,093,000,000: Provided, That after July 31, such amounts for benefit payments as may be necessary may be charged to the subsequent year appropriation. SUPPLEMENTAL SECURITY INCOME PROGRAM

For carrying out the Supplemental Security Income Program 42 USC 1381, under title XVI of the Social Security Act, section 401 of Public Law 1382e note; 87 Stat. 155; 42 USC 92-603, section 212 of Public Law 93-66, as amended, and section 405 of Public Law 95-216, including payment to the social security trust 1383 note. funds for administrative expenses incurred pursuant to section 42 USC 401. 201(g)(1) of the Social Security Act, $8,543,616,000 to remain available until expended: Provided, That after July 31, such amounts for benefit payments as may be necessary may be charged to the subsequent year appropriation: Provided further, That any portion of the funds provided to a State in the current fiscal year and not obligated by the State during that year shall be returned to the Treasury. ASSISTANCE PAYMENTS PROGRAM 42 USC 301, 601, 1201, 1301, 1351, 1381.

For carrying out, except as otherwise provided, titles I, IV, X, XI, XIV, and XVI of the Social Security Act and the Act of July 5, 1960 (24 U.S.C. ch. 9), $6,684,207,000, to remain available until expended. For making, after May 31 of the current fiscal year, payments to States under titles I, IV, X, XIV, and XVI of the Social Security Act for the last three months of the current fiscal year for unanticipated costs, incurred for the current fiscal year, such sums as may be necessary, the obligations and expenditures to be charged to the subsequent appropriations therefor for the current fiscal year. For making payments to States under titles I, IV, X, XIV, and XVI of the Social Security Act for the first quarter of fiscal year 1984, $1,718,000,000, to remain available until expended. CHILD SUPPORT ENFORCEMENT

42 USC 651, 1301.

For carrying out, except as otherwise provided, titles IV-D and XI of the Social Security Act, $347,500,000 to remain available until expended. For making, after May 31 of the current fiscal year, payments to States under title IV-D of the Social Security Act for the last three months of the current fiscal year for unanticipated costs, incurred for the current fiscal year, such sums as may be necessary, the obligations and the expenditures to be charged to the subsequent appropriations therefor.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/529

 PUBLIC LAW 97-377—DEC. 21, 1982

96 STAT. 1891

For making payments to States under title IV-D of the Social Security Act for the first quarter of fiscal year 1984, $118,000,000 to remain available until expended. LOW INCOME HOME ENERGY ASSISTANCE PROGRAM

For carrying out title XXVI of the Omnibus Budget Reconciliation Act of 1981, $1,850,000,000.

95 Stat. 893.

42 USC 8621.

REFUGEE AND ENTRANT ASSISTANCE

For expenses necessary to carry out the provisions of the Refugee Act of 1980, as amended, and sections 501(a) and (b) of the Refugee Education Assistance Act of 1980, $585,000,000: Provided, That such funds may be expended for individuals who would meet the definition of "Cuban and Haitian entrant" under section 501(e) of the Refugee Education Assistance Act, 94 Stat. 1810, but for the application of paragraph (2)(B) thereof.

8 USC 1522 note,

LIMITATION ON ADMINISTRATIVE EXPENSES

For necessary expenses, not more than $3,408,451,000 may be expended, as authorized by section 201(g)(1) of the Social Security Act, from any one or all of the trust funds referred to therein: Provided, That travel expense payments under section 1631(h) of such Act may be made only when travel of more than seventy-five miles is required: Provided further. That $50,000,000 of the foregoing amount shall be apportioned for use pursuant to section 3679 of the Revised Statutes (31 U.S.C. 665), only to the extent necessary to process workloads not anticipated in the budget estimates, for automation projects, and to meet mandatory increases in costs of agencies or organizations with which agreements have been made to participate in the administration of titles XVI and XVIII and section 221 of the Social Security Act, and after maximum absorption of such costs within the remainder of the existing limitation has been achieved: Provided further. That $47,026,000 authorized herein shall be available only for acquisition of sites, construction, renovation, and equipment of facilities and for payments for principal, interest, taxes and any other obligations under contracts entered into pursuant to the Public Buildings Purchase Contract Act of 1954 and the Public Buildings Amendments of 1972, and shall remain available until expended: Provided further. That $151,625,000 for automatic data processing and telecommunications activities shall remain available until expended.

42 USC 401. 42 USC 1383 "°*fTc:

42 USC 1383.

42 USC 1381, 1395, 421.

40 USC 356 note. 40 USC 601 note,

ASSISTANT SECRETARY FOR HUMAN DEVELOPMENT SERVICES SOCIAL SERVICES BLOCK GRANTS

For carrying $2,450,000,000.

out

the

Social

Services

Block

Grant

Act,

HUMAN DEVELOPMENT SERVICES

For carrying out, except as otherwise provided, the Older Americans Act of 1965, the Child Abuse Prevention and Treatment Act, title VIII of the Community Services Act, the Developmental Disabilities Assistance and Bill of Rights Act of 1981, and the Head

42 USC 3001 note, 5101 note, 2991, 6000 note.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/530

 96 STAT. 1892 95 Stat. 499. notY^^ ^^^^ 42 USC 6061. 95 Stat. 563.

PUBLIC LAW 97-377—DEC. 21, 1982

Start Act of 1981, $1,753,514,000, of which $43,180,000 shall be for grants under part C of the Developmental Disabilities Assistance and Bill of Rights Act, and $7,320,000 shall be for section 113 of such Act. CHILD WELFARE SERVICES

For carrying out, except as otherwise provided, parts A, B, and E of title IV and sections 1110 and 1115 of the Social Security Act and title II of Public Law 95-266 (adoption opportunities), $572,669,000. WORK INCENTIVES

42 USC 630. 42 USC 602. 42 USC 631. 42 USC 603.

For carrying out a work incentive program, as authorized by part C of title IV of the Social Security Act, including registration of individuals for such programs, and for related child care and other supportive services, as authorized by section 402(a)(19)(G) of the Act, including transfer to the Secretary of Labor, as authorized by section 431 of the Act, $270,760,000 which shall be the maximum amount available for transfer to the Secretary of Labor and to which the States may become entitled pursuant to section 403(d) of such Act, for these purposes. OFFICE OF COMMUNITY SERVICES COMMUNITY SERVICES BLOCK GRANT

95 Stat. 511. 42 USC 9901 95 Stat 518. 42 USC 9910.

For carrying out the Community Services Block Grant Act, $360,500,000, of which $18,840,000 shall be for carrying out section 681(a)(2)(A), $3,840,000 shall be for carrying out section 681(a)(2)(D), $2,880,000 shall be for carrying out section 681(a)(2)(E), and $5,760,000 shall be for carrying out section 681(a)(2)(F): Provided, That the Secretary of Health and Human Services may waive the requirements of section 138 of Public Law 97-276, relating to continuing appropriations for fiscal year 1983, for any State applying for such a waiver if— (1) the State had, prior to October 1, 1982, submitted an application for fiscal year 1983 under the Community Services Block Grant Act, containing provisions for the use of assistance under that Act by political subdivisions; and (2) the chief executive officer of the State certifies that, in at least 45 percent of the counties of the State, services assisted under the Community Services Block Grant Act were not available in fiscal year 1982 (other than a State for which the distribution of funds within the State for such fiscal year was contested by more than one eligible entity). DEPARTMENTAL MANAGEMENT GENERAL DEPARTMENTAL MANAGEMENT

42 USC 401.

For expenses not otherwise provided, which are necessary for general departmental management, including hire of six medium sedans, $158,143,000, together with not to exceed $8,000,000 to be transferred and expended as authorized by section 201(g)(1) of the Social Security Act from any one or all of the trust funds referred to therein.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/531

 PUBLIC LAW 97-377—DEC. 21, 1982

96 STAT. 1893

OFFICE OF THE INSPECTOR GENERAL

For expenses necessary for the Office of the Inspector General, $44,921,000, together with not to exceed $6,000,000 to be transferred and expended as authorized by section 201(g)(1) of the Social Security Act from any one or all of the trust funds referred to therein. For making payments to States for medicaid State fraud control units under section 1903(a)(6) of the Social Security Act for fiscal year 1983, $36,346,000. For making, after May 31 of the current fiscal year, payments to States under section 1903(a)(6) of the Social Security Act for the last three months of the current fiscal year for unanticipated costs, incurred for the current fiscal year, not to exceed $5,000,000, the obligations and expenditures to be charged to the subsequent appropriations therefor. For making payments to States for medicaid State fraud control units under section 1903(a)(6) of the Social Security Act for the first quarter of fiscal year 1984, $10,000,000 to remain available until expended.

42 USC 401. 42 USC 1396b.

OFFICE FOR CIVIL RIGHTS

For expenses necessary for the Office for Civil Rights, $19,163,000, together with not to exceed $2,350,000, to be transferred and expended as authorized by section 201(g)(1) of the Social Security Act from any one or all of the trust funds referred to therein. POLICY RESEARCH

For carrying out, to the extent not otherwise provided, research studies under section 1110 of the Social Security Act, $14,718,000: Provided, That not less than $1,500,000 shall be obligated to continue research on poverty conducted by the Institute for Research on Poverty. GENERAL PROVISIONS

SEC. 201. None of the funds appropriated by this title for grants-inaid of State agencies to cover, in whole or in part, the cost of operation of said agencies, including the salaries and expenses of officers and employees of said agencies, shall be withheld from the said agencies of any State which have established by legislative enactment and have in operation a merit system and classification and compensation plan covering the selection, tenure in office, and compensation of their employees, because of any disapproval of their personnel or the manner of their selection by the agencies of the said States, or the rates of pay of said officers or employees. SEC. 202. None of the funds provided herein shall be used to pay any recipient of a grant for the conduct of research an amount equal to as much as the entire cost of such research. SEC. 203. Appropriations in this Act for the Health Services Administration, the National Institutes of Health, the Centers for Disease Control, the Alcohol, Drug Abuse, and Mental Health Administration, the Health Resources Administration, the Office of the Assistant Secretary for Health, the Health Care Financing Administration, and Departmental Management shall be available for expenses for active commissioned officers in the Public Health Service Reserve Corps and for not to exceed two thousand eight hundred commissioned officers in the Regular Corps; expenses inci-

42 USC 1310.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/532

 96 STAT. 1894

PUBLIC LAW 97-377—DEC. 21, 1982

dent to the dissemination of health information in foreign countries through exhibits and other appropriate means; advances of funds for compensation, travel, and subsistence expenses (or per diem in lieu thereof) for persons coming from abroad to participate in health or scientific activities of the Department pursuant to law; expenses of primary and secondary schooling of dependents in foreign countries, of Public Health Service commissioned officers stationed in foreign countries, at costs for any given area not in excess of those of the Department of Defense for the same area, when it is determined by the Secretary that the schools available in the locality are unable to provide adequately for the education of such dependents, and for the transportation of such dependents, between such schools and their places of residence when the schools are not accessible to such dependents by regular means of transportation; expenses for medical care for civilian and commissioned employees of the Public Health Service and their dependents, assigned abroad on a permanent basis in accordance with such regulations as the Secretary may provide; rental or lease of living quarters (for periods not exceeding five years), and provision of heat, fuel, and light and maintenance, improvement, and repair of such quarters, and advance payments therefor, for civilian officers, and employees of the Public Health Service who are United States citizens and who have a permanent station in a foreign country; purchase, erection, and maintenance of temporary or portable structures; and for the payment of compensation to consultants or individual scientists appointed for limited periods of time pursuant to section 207(f) or section 207(g) of the 42 USC 209. Public Health Service Act, at rates established by the Assistant Secretary for Health, or the Secretary where such action is required by statute, not to exceed the per diem rate equivalent to the rate for 5 USC 5332 note. GS-18; not to exceed $9,500 for official reception and representation expenses related to any health agency of the Department when specifically approved by the Assistant Secretary for Health. SEC. 204. None of the funds provided by this Act shall be used to perform abortions except where the life of the mother would be endangered if the fetus were carried to term: Provided, however. That the several States are and shall remain free not to fund abortions to the extent that they in their sole discretion deem appropriate. SEC. 205. Funds advanced to the National Institutes of Health Management Fund from appropriations in this Act shall be available for the expenses of sharing medical care facilities and resources pursuant to section 327(a) of the Public Health Service 42 USC 254.

Short title.

Act.

SEC. 206. Funds appropriated in this title for the Social Security Administration and the Office of Child Support Enforcement shall be available for not to exceed $5,000 for official reception and representation expenses related to income maintenance or child support enforcement activities of the Department when specifically approved by the Commissioner of Social Security. SEC. 207. Funds appropriated in this title for the Health Care Financing Administration shall be available for not to exceed $2,000 for official reception and representation expenses when specifically approved by the Administrator of the Health Care Financing Administration. This title may be cited as the "Department of Health and Human Services Appropriation Act, 1983".

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Page:United States Statutes at Large Volume 96 Part 2.djvu/533

 PUBLIC LAW 97-377—DEC. 21, 1982 TITLE III—DEPARTMENT OF EDUCATION COMPENSATORY EDUCATION FOR THE DISADVANTAGED

For carrying out chapter 1 of the Education Consolidation and Improvement Act of 1981, $3,160,394,000 to become available on July 1, 1983, and remain available until September 30, 1984: Provided, That no funds shall be used for the purposes of section 554(a)(1)(B), $4,746,000 shall be available for purposes of section 555(d), $255,744,000 shall be available for the purposes of section 554(a)(2)(A), $146,520,000 shall be available for purposes of section 554(a)(2)(B), and $32,616,000 shall be available for purposes of section 554(a)(2)(C). For carrying out section 418 of the Higher Education Act, $7,500,000.

96 STAT. 1895 Department of Education Appropriation Act, 1983. 95 Stat. 464. 20 USC 3801.

SPECIAL PROGRAMS

For carrying out the consolidated programs and projects authorized under chapter 2 of the Education Consolidation and Improvement Act of 1981; title IX, part C of the Elementary and Secondary Education Act; title IV of the Civil Rights Act of 1964; the Follow Through Act; sections 1524 and 1525 of the Education Amendments of 1978; and Public Law 92-506, $534,500,000: Provided, That $450,655,000 to carry out the State block grant program authorized under chapter 2 of the Education Consolidation and Improvement Act shall become available for obligation on July 1, 1983, and shall remain available until September 30, 1984: Provided further, That $28,765,000 for the purpose of subchapter D of the Education Consolidation and Improvement Act shall become available for obligation on October 1, 1982: Provided further. That $3,000,000 of the amount appropriated above shall be for the purpose of Public Law 92-506 of which $1,500,000 shall become available on July 1, 1983, and shall remain available until September 30, 1984.

95 Stat. 469. 20 USC 3811. 20 USC 3341. 42 USC 2000c. 95 Stat. 508. 9801

42 USC

note. 2379. 92 Stat. 907. 86 Stat. 95 Stat. 476. 20 USC 3851.

BILINGUAL EDUCATION

For carrying out, to the extent not otherwise provided, title VII of the Elementary and Secondary Education Act and part B, subpart 3 of the Vocational Education Act, as amended, $138,057,000, of which $3,686,000 for part B, subpart 3 of the Vocational Education Act shall become available on July 1, 1983, and shall remain available until September 30, 1984: Provided, That $2,400,000 of the funds appropriated by title III of this bill shall be used for section 751 of title VII of the Elementary and Secondary Education Act.

20 USC 880b. 20 USC 2411.

20 USC 3261.

SCHOOL ASSISTANCE IN FEDERALLY AFFECTED AREAS

For carrying out title I of the Act of September 30, 1950, as amended (20 U.S.C. ch. 13), $455,000,000, of which $445,000,000 shall be for entitlements under sections 2 and 3 and $10,000,000 shall be for payments under section 7 of said Act: Provided, That payment to any local educational agency with respect to entitlements under section 3(a) shall be 90 per centum of the amount of such payment for the fiscal year 1981 unless such agency is determined eligible for payment under section 3(d)(2)(B), except that payment to any local educational agency with respect to entitlements under section 3(a) shall be 95 per centum of the amount of such payment for fiscal year

20 USC 236 et seq. 20 USC 237, 238. 20 USC 241-1.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/534

 96 STAT. 1896

PUBLIC LAW 97-377—DEC. 21, 1982

1981 for any such agency in which the number of children determined 20 USC 238. under such section 3(a) is at least 20 per centum of the total number of children who are in average daily attendance at the schools of such agency; and payment to any local educational agency with respect to entitlements under section 3(b) shall not exceed the amount of such payment for the fiscal year 1982 unless such agency is determined eligible for payment under section 3(d)(2)(B): Provided further, That notwithstanding the payment provisions stated herein, the Secretary is authorized to determine and make payment of a fair and equitable amount with regard to an otherwise eligible local educational agency which was not eligible in the fiscal years 1981 or 1982: Provided further, That the aggregate amount for payments of entitlements calculated under section 3(d)(2)(B) shall not exceed $15,000,000: Provided further. That no payments shall be made under section 3 of said Act to any local educational agency whose payment under that section fails to exceed $5,000: Provided further, 20 USC 241-1. That no payments shall be made under section 7 of said Act to any local educational agency whose need for assistance under that section fails to exceed the lesser of $10,000 or 5 per centum of the district's current operating expenditures during the fiscal year preceding the one in which the disaster occurred: Provided further. That in addition to the $10,000,000 appropriated in the foregoing, there is hereby appropriated $5,000,000 for section 2 for the purpose of paying entitlements, including the payment of entitlements under this section for the Douglas School District in the State of South Dakota impacted as a result of Ellsworth Air Force Base which shall be made at 100 per centum of the amount to which such school district is entitled under section 2. For carrying out the Act of September 23, 1950, as amended (20 20 USC 631 e« U.S.C. ch. 19), $20,000,000 which shall remain available until said Act: Provided, That with the exception of up to $8,500,000 for 20 USC 640, 644. section 10 and up to $8,500,000 for section 14(a) and (b), none of the funds contained herein for providing school facilities shall be available to pay for any other section of the Act of September 23, 1950, until payment has been made of 100 per centum of the amounts payable under sections 5 and 14(c). EDUCATION FOR THE HANDICAPPED
 * ^^expended, shall be for providing school facilities as authorized by

20 USC 1401 ^°*«20 USC 1411, ^^^^-

For carrying out the Education of the Handicapped Act, $1,110,252,000, of which $970,000,000 for section 611 and $25,000,000 for section 619 shall become available for obligation on July 1, 1983, and shall remain available until September 30, 1984. REHABILITATION SERVICES AND HANDICAPPED RESEARCH

For carrying out, to the extent not otherwise provided, the Reha29 USC 701 note, bilitation Act of 1973, as amended, and the International Health 22 USC 2101 Research Act of 1960, $1,036,727,000, of which $939,753,158 shall be 29 USC 720. for allotments under section 100(b)(1), $4,146,842 shall be for activi29 USC 730. ties under section 110(b)(3), and $650,000 shall be made available to 29 USC 750. the Navajo Tribal Council for activities under section 130: Provided, That of the amount appropriated for centers for independent living 29 USC 796e. under part B of title VII of the Rehabilitation Act of 1973, such amounts as are necessary shall be available for fiscal year 1983 to fund all such centers which received assistance under such part in

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Page:United States Statutes at Large Volume 96 Part 2.djvu/535

 PUBLIC LAW 97-377—DEC. 21, 1982

96 STAT. 1897

fiscal year 1981 at the level of assistance made to each such center in fiscal year 1981: Provided further, That of the amount appropriated and available for projects with industry under section 621 of the Rehabilitation Act of 1973, such amounts as are necessary shall be available for fiscal year 1983 to fund all such projects which received assistance under such part in fiscal year 1981 at the level of assistance made to each such project in fiscal year 1981.

29 USC 795g.

VOCATIONAL AND ADULT EDUCATION

For carrying out, to the extent not otherwise provided, the Vocational Education Act, and the Adult Education Act, $816,500,000 which shall become available for obligation on July 1, 1983, and shall remain available until September 30, 1984, except that $7,678,000 for part B, subpart 2 of the Vocational Education Act shall become available for obligation on July 1, 1983, and shall remain available until expended: Provided, That $6,500,000 for State advisory councils under section 105 of the Vocational Education Act shall be used to provide to each State, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, Trust Territory of the Pacific Islands, and Northern Mariana Islands an amount equal to the amount it received in the previous fiscal year: Provided further. That not to exceed $99,590,000 shall be for carrying out part A, subpart 3, of the Vocational Education Act: Provided further. That $2,243,100 shall be made available for the National Occupational Information Coordinating Committee.

20 USC 2301 note, 1201 note. 20 USC 2401.

20 USC 2305.

20 USC 2350.

STUDENT FINANCIAL ASSISTANCE

For carrying out subparts 1, 2, and 3 of part A, and parts C and E of title IV of the Higher Education Act, $3,567,800,000 which shall remain available until September 30, 1984: Provided, That amounts appropriated for Pell Grants shall be available first to meet any insufficiencies in entitlements resulting from the payment schedule for Pell Grants published by the Secretary of Education for the 1982-1983 academic year: Provided further. That pursuant to section 411(b)(4)(A) of the Higher Education Act, amounts appropriated herein for Pell Grants which exceed the amounts required to meet the payments schedule published for any fiscal year by 15 per centum or less shall be carried forward and merged with amounts appropriated for the next fiscal year: Provided further. That the maximum grant a student may receive in the 1983-1984 academic year shall be $1,800 notwithstanding section 411(a)(2)(A)(i)(III) of the Higher Education Act: Provided further, That notwithstanding any other provision of law, such sums as may be necessary not to exceed $30,000,000 of the amount appropriated by Public Law 97-257 for Pell Grants shall be available for the purpose of restoring eligibility for Pell Grants to individuals adversely affected by the modification, pursuant to paragraphs (4) and (5) of section 124 of Public Law 97-92, of the family contribution schedule with respect to the treatment of payments under title 38, United States Code, to such individuals. For the purposes of determining eligibility and amount of Pell Grant awards under this section, only one-third of the benefits received under such title 38 shall be considered as student financial assistance. The Secretary of Education shall take such steps as may be necessary to notify such individuals of restored eligibility and to make appropriate allocations of the reserved sum:

20 USC 1070a, 1070b, 1070c; 42 u s e note prec. 2751; 20 USC note prec. 1088. 20 USC 1070a.

20 USC 1070a note. 20 USC 1070a note. Ante, p. 818.

95 Stat. 1197.

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Page:Bobbsey Twins at the Seashore.djvu/52

42 "Guess so," called back Mr. Bobbsey, "but we don't see the ocean yet."

"Oh, we'll get there," drawled Hank, lazily.

"We should have gone all the way by train," declared Mrs. Bobbsey, in alarm, as the stage gave one squeak louder than the others.

"Haven't you got any lanterns?" shouted Mr. Bobbsey to Hank, for it was pitch-dark now.

"Never use one," answered the driver. "When it's good and dark the moon will come up, but we'll be there 'fore that. Get 'long there, Doll!" he called to one horse. "Go 'long, Kit!" he urged the other.

The horses did move a little faster at that, then suddenly something snapped and the horses turned to one side.

"Whoa! Whoa!" called Hank, jerking on the reins. But it was too late! The stage coach was in a hole! Several screamed.

"Sit still!" called Mr. Bobbsey to the excited party. "It's only a broken shaft and the coach can't upset now."

Flossie began to cry. It was so dark and black in that hole.


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Page:United States Statutes at Large Volume 96 Part 2.djvu/536

 96 STAT. 1898

20 USC 1070c.

PUBLIC LAW 97-377—DEC. 21, 1982

Provided further. That notwithstanding any other provision of this Act, any other Act, or section 415B of the Higher Education Act of 1965, the Secretary shall apportion the sums appropriated pursuant to section 415A of the Higher Education Act of 1965 for the fiscal year 1983 among the States so that each State's apportionment bears the same ratio to the total amount appropriated as that State's apportionment in the fiscal year 1982 bears to the total amount appropriated pursuant to section 415A for that fiscal year. GUARANTEED STUDENT LOANS

20 USC 1071.

For necessary expenses under title IV, part B of the Higher Education Act, $3,100,500,000, to remain available until expended. HIGHER A N D CONTINUING EDUCATION

20 USC 1051, 1121, 1131, 1133, 1134d, 1134n, 1134r-2, 1135, 1070e-l, 1132d-3. 22 USC 2452. 94 Stat. 1496, 1502. 95 Stat. 450. 20 USC 3489. 95 Stat. 444. 94 Stat. 3170.

20 USC 1132d-3.

20 USC 1134e.

For carrying out titles III; VI, parts A and B; VIII; IX, parts B, D and E; title X; and sections 417, 420, and 734 of the Higher Education Act; section 406A(2) of the General Education Provisions Act (20 U.S.C. 1221e-lb(2)); section 102(b)(6) of the Mutual Educational and Cultural Exchange Act of 1961; title XIII, part H, subparts 1 and 2 of the Education Amendments of 1980; H.R. 3598 as passed the House on November 4, 1981; and title V, section 528(5) of the Omnibus Budget Reconciliation Act of 1981, without regard to section 512(b) of the Omnibus Budget Reconciliation Act of 1981, $385,525,000: Provided, That funds made available in Public Law 96-536, section 110 for the Wayne Morse Chair of Law and Politics shall remain available for obligation until September 30, 1985: Provided further. That $2,000,000 shall be available until expended for the Carl Albert Congressional Research and Studies Center: Provided further. That $25,000,000 made available for interest subsidy grants under section 734 of the Higher Education Act shall remain available until expended: Provided further. That sections 922(b)(2) and 922(e)(2) and the funding limitations set forth in section 922(e) of the Higher Education Act shall not apply to funds in this Act. HIGHER EDUCATION FACILITIES LOANS A N D INSURANCE

For the payment of principal and interest on participation certificates as authorized by the Department of Health, Education, and Welfare Appropriation Act, 1968, issued by the Government National Mortgage Association as trustee on the behalf of the Department of Education pursuant to the Federal National Mortgage Association Act (12 U.S.C. 1717(c)), and for the payment of interest expenses to the Department of the Treasury as required by title VII, 20 USC 1132d-2. section 733(b)(2) of the Higher Education Act, $20,143,000 to remain available until expended. The Secretary is hereby authorized to make such expenditures, within the limits of funds available under this heading and in accord with law, and to make such contracts and commitments without regard to fiscal year limitation as provided by section 104 of the Government Corporation Control Act (31 U.S.C. 849) as may be necessary in carrying out the program set forth in the budget for the current fiscal year. During fiscal year 1983, no new commitments for loans may be made from this account.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/537

 PUBLIC LAW 97-377—DEC. 21, 1982

96 STAT. 1899

COLLEGE HOUSING LOANS

The aggregate amount of commitments for loans made from the fund established pursuant to title IV of the Housing Act of 1950, as amended (12 U.S.C. 1749), for the fiscal year 1983 shall not exceed the total of loan repayments and other income available during such period, less operating costs. Payments of insufficiencies in fiscal year 1983 as may be required by the Government National Mortgage Association, as trustee, on account of outstanding beneficial interests or participations issued pursuant to section 302(c) of the Federal National Mortgage Association Charter Act, as amended (12 U.S.C. 1717) shall be made from the fund established pursuant to title IV of the Housing Act of 1950, as amended (12 U.S.C. 1749) using loan repayments and other income available during fiscal year 1983. During fiscal year 1983 and within the resources and authority available, gross commitments for the principal amount of direct loans shall be $40,000,000. EDUCATIONAL RESEARCH A N D STATISTICS

For necessary expenses for education statistics activities and for research and development, to carry out sections 405 and 406 of the General Education Provisions Act, $64,203,000.

20 USC I22le, 1221e-l.

EDUCATIONAL, RESEARCH, A N D TRAINING ACTIVITIES OVERSEAS (SPECIAL FOREIGN CURRENCY PROGRAM)

For payments in foreign currencies which the Treasury Department determines to be in excess of the normal requirements of the United States, for necessary expenses of the Department of Education, as authorized by law, $516,000, to remain available until expended. LIBRARIES

For carrying out, to the extent not otherwise provided, titles I and III of the Library Services and Construction Act (20 U.S.C. ch. 16); 20 USC 352, title II, part A, part B except section 224, and part C of the Higher ^^^' ^^^ ^^ «^9Education Act, notwithstanding the provisions of section 221, 20 USC 1022, $80,320,000. 1031, 1034, 1041, SPECIAL INSTITUTIONS AMERICAN P R I N T I N G HOUSE FOR THE BLIND

For carrying out the Act of March 3, 1879, as amended (20 U.S.C. 101-105), $5,000,000. NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

For carrying out the National Technical Institute for the Deaf Act (20 U.S.C. 681 et seq.), $26,300,000. GALLAUDET COLLEGE

For carrying out the Model Secondary School for the Deaf Act (80 Stat. 1027) and for the partial support of Gallaudet College authorized by the Act of June 18, 1954 (68 Stat. 265), $52,000,000.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/538

 96 STAT. 1900

PUBLIC LAW 97-377—DEC. 21, 1982 HOWARD UNIVERSITY

For partial support of Howard University, $145,200,000. If requested by the university, construction financed by prior year appropriations to this account shall be supervised by the General Services Administration. OFFICE FOR CIVIL RIGHTS SALARIES AND EXPENSES

For expenses necessary for the Office for Civil Rights, as authorized by section 203 of the Department of Education Organization Act, $44,868,000. DEPARTMENTAL MANAGEMENT SALARIES AND EXPENSES

For carrying out, to the extent not otherwise provided, the Department of Education Organization Act, including rental of conference rooms in the District of Columbia and hire of three medium sedans, $222,000,000. During the current fiscal year up to $10,500,000 from collections of federally insured defaulted loans may be transferred to this account for payment of related collection activities. OFFICE OF THE INSPECTOR GENERAL

20 USC 3422.

For expenses necessary for the Office of the Inspector General, as authorized by section 212 of the Department of Education Organization Act, $12,840,000. GENERAL PROVISIONS

42 USC 2000c.

SEC. 301. None of the funds appropriated by this title for grants-inaid of State agencies to cover, in whole or in part, the cost of operation of said agencies, including the salaries and expenses of officers and employees of said agencies, shall be withheld from the said agencies of any State which have established by legislative enactment and have in operation a merit system and classification and compensation plan covering the selection, tenure in office, and compensation of their employees, because of any disapproval of their personnel or the manner of their selection by the agencies of the said States, or the rates of pay of said officers or employees. SEC. 302. Funds appropriated in this Act to the American Printing House for the Blind, Howard University, the National Technical Institute for the Deaf, and Gallaudet College shall be subject to audit by the Secretary of Education. SEC. 303. None of the funds provided herein shall be used to pay any recipient of a grant for the conduct of research an amount equal to as much as the entire cost of such research. SEC. 304. No part of the funds contained in this title may be used to force any school or school district which is desegregated as that term is defined in title IV of the Civil Rights Act of 1964, Public Law 88-352, to take any action to force the busing of students; to force on account of race, creed or color the abolishment of any school so desegregated; or to force the transfer or assignment of any student attending any elementary or secondary school so desegregated to or

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Page:United States Statutes at Large Volume 96 Part 2.djvu/539

 PUBLIC LAW 97-377—DEC. 21, 1982 from a particular school over the protest of his or her parents or parent. SEC. 305. (a) No part of the funds contained in this title shall be used to force any school or school district which is desegregated as that term is defined in title IV of the Civil Rights Act of 1964, Public Law 88-352, to take any action to force the busing of students; to require the abolishment of any school so desegregated; or to force on account of race, creed, or color the transfer of students to or from a particular school so desegregated as a condition precedent to obtaining Federal funds otherwise available to any State, school district or school. (b) No funds appropriated in this Act may be used for the transportation of students or teachers (or for the purchase of equipment for such transportation) in order to overcome racial imbalance in any school or school system, or for the transportation of students or teachers (or for the purchase of equipment for such transportation) in order to carry out a plan of racial desegregation of any school or school system. SEC. 306. None of the funds contained in this Act shall be used to require, directly or indirectly, the transportation of any student to a school other than the school which is nearest the student's home, except for a student requiring special education, to the school offering such special education, in order to comply with title VI of the Civil Rights Act of 1964. For the purpose of this section an indirect requirement of transportation of students includes the transportation of students to carry out a plan involving the reorganization of the grade structure of schools, the pairing of schools, or the clustering of schools, or any combination of grade restructuring, pairing or clustering. The prohibition described in this section does not include the establishment of magnet schools. S'EC. 307. No funds appropriated under this Act may be used to prevent the implementation of programs of voluntary prayer and meditation in the public schools. This title may be cited as the "Department of Education Appropriation Act, 1983'^'.

96 STAT. 1901

School busing. 42 USC 2000c.

Voluntary school prayer. Short title.

TITLE IV—RELATED AGENCIES ACTION OPERATING EXPENSES

For expenses necessary for Action to carry out the provisions of the Domestic Volunteer Service Act of 1973, $129,321,000, of which $11,831,000 shall be available to carry out title I, part A of said Act: Provided, That none of the funds appropriated under this heading may be used to close State field offices of the Action agency or to reduce the number of personnel engaged in operating State field offices of the Action agency.

42 USC 4951 note. 42 USC 4951.

CORPORATION FOR P U B L I C BROADCASTING PUBLIC BROADCASTING FUND

For payment to the Corporation for Public Broadcasting, as authorized by the Public Broadcasting Amendments Act of 1981, an amount which shall be available within limitations specified by said

95 Stat. 725. ^'^ USC 609 note.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/540

 96 STAT. 1902

PUBLIC LAW 97-377—DEC. 21, 1982

Act, for the fiscal year 1985, $130,000,000: Provided, That no funds made available to the Corporation for Public Broadcasting by this Act shall be used to pay for receptions, parties and similar forms of entertainment for government officials or employees: Provided further, That none of the funds contained in this paragraph shall be available or used to aid or support any program or activity excluding from participation in, denying the benefits of, or discriminating against any person on the basis of race, color, national origin, religion or sex. FEDERAL MEDIATION AND CONCILIATION SERVICE SALARIES AND EXPENSES

For expenses necessary for the Federal Mediation and Conciliation Service to carry out the functions vested in it by the LaborManagement Relations Act, 1947 (29 U.S.C. 171-180, 182), including expenses of the Labor-Management Panel and boards of inquiry appointed by the President, hire of passenger mx)tor vehicles, and rental of conference rooms in the District of Columbia; and for 88 Stat. 395. expenses necessary pursuant to Public Law 93-360 for mandatory mediation in health care industry negotiation disputes and for convening factfinding boards of inquiry appointed by the Director in the health care industry; and for expenses necessary for the Labor29 USC 141 note. Management Cooperation Act of 1978 (29 U.S.C. 125a); and for expenses necessary for the Service to carry out the functions vested in it by the Civil Service Reform Act, Public Law 95-454 (5 U.S.C. 5 USC 7101 et Chapter 71), $21,321,000. seq. FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION SALARIES AND EXPENSES

For expenses necessary for the Federal Mine Safety and Health Review Commission, $3,686,000. NATIONAL COMMISSION ON LIBRARIES AND INFORMATION SCIENCE SALARIES AND EXPENSES

20 USC 1501

For necessary expenses of the National Commission on Libraries and Information Science, established by the Act of July 20, 1970 (Public Law 91-345), $674,000.

note. NATIONAL COMMISSION ON STUDENT FINANCIAL ASSISTANCE

20 USC 1098.

For necessary expenses to carry out section 491 of the Higher Education Act, $840,000. NATIONAL LABOR RELATIONS BOARD SALARIES AND EXPENSES

For expenses necessary for the National Labor Relations Board to carry out the functions vested in it by the Labor-Management Relations Act, 1947, as amended (29 U.S.C 141-167), and other laws, $124,045,000: Provided, That no part of this appropriation shall be available to organize or assist in organizing agricultural laborers or

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Page:United States Statutes at Large Volume 96 Part 2.djvu/541

 PUBLIC LAW 97-377—DEC. 21, 1982

96 STAT. 1903

used in connection with investigations, hearings, directives, or orders concerning bargaining units composed of agricultural laborers as referred to in section 2(3) of the Act of July 5, 1935 (29 U.S.C. 152), and as amended by the Labor-Management Relations Act, 1947, as amended, and as defined in section 3(f) of the Act of June 25, 1938 (29 U.S.C. 203), and including in said definition employees engaged in the maintenance and operation of ditches, canals, reservoirs, and waterways when maintained or operated on a mutual, nonprofit basis and at least 95 per centum of the water stored or supplied thereby is used for farming purposes. NATIONAL MEDIATION BOARD SALARIES AND EXPENSES

For expenses necessary to carry out the provisions of the Railway Labor Act, as amended (45 U.S.C. 151-188), including emergency boards appointed by the President, $5,468,000. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION SALARIES AND EXPENSES

For expenses necessary for the Occupational Safety and Health Review Commission, $6,316,000. RAILROAD RETIREMENT BOARD DUAL BENEFITS PAYMENTS ACCOUNT

For payment to the Dual Benefits Payments Account, authorized under section 15(d) of the Railroad Retirement Act of 1974, 45 USC 23ln. $430,000,000, which shall be credited to the account in 12 approximately equal amounts on the first day of each month in the fiscal year. LIMITATION ON ADMINISTRATION

For expenses necessary for the Railroad Retirement Board, $46,361,000 to be derived from the railroad retirement accounts: Provided, That such portion of the foregoing amount as may be necessary shall be available for the payment of personnel compensation and benefits for not less than 1,162 full-time-equivalent employees: Provided further. That $500,000 of the foregoing amount shall be available only to the extent necessary to process workloads not anticipated in the budget estimates and after maximum absorption of the costs of such workloads within the remainder of the existing limitation has been achieved: Provided further. That notwithstanding any other provisions in law, no portion of this limitation shall be available for payments of standard level user charges pursuant to section 210(j) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 490(j); 45 U.S.C. 228 a-r). For further expenses necessary for the Railroad Retirement Board, for administration of the Railroad Unemployment Insurance Act, not less than $16,644,000 shall be apportioned for fiscal year 1983 pursuant to section 3679 of the Revised Statutes, as amended (31 U.S.C. 665) from moneys credited to the railroad unemployment insurance administration fund: Provided, That such portion of the foregoing

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Page:United States Statutes at Large Volume 96 Part 2.djvu/542

 96 STAT. 1904

PUBLIC LAW 97-377—DEC. 21, 1982

amount as may be necessary shall be available for the payment of personnel compensation and benefits for not less than 416 full-timeequivalent employees. MILWAUKEE RAILROAD RESTRUCTURING, ADMINISTRATION 45 USC 913.

For administrative expenses authorized by section 14(c) of the Milwaukee Railroad Restructuring Act, $250,000. SOLDIERS' AND AIRMEN'S HOME OPERATION AND MAINTENANCE

For maintenance and operation of the United States Soldiers' and Airmen's Home, to be paid from the Soldiers' and Airmen's Home permanent fund, $26,718,000: Provided, That this appropriation shall not be available for the payment of hospitalization of members of the Home in United States Army hospitals at rates in excess of those prescribed by the Secretary of the Army upon recommendation of the Board of Commissioners and the Surgeon General of the Army. TITLE V—GENERAL PROVISIONS

Experts and consultants. 5 USC 5332 note. Uniforms or allowances. Meetings.

Funds to campus disrupters, prohibition.

SEC. 501. The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. SEC. 502. No part of any appropriation contained in this Act shall be expended by any executive agency, as referred to in the Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.), pursuant to any obligation for services by contract, unless such executive agency has awarded and entered into such contract in full compliance with such Act and regulations promulgated thereunder. SEC. 503. Appropriations contained in this Act, available for salaries and expenses, shall be available for services as authorized by 5 U.S.C. 3109 but at rates for individuals not to exceed the per diem rate equivalent to the rate for GS-18. SEC. 504. Appropriations contained in this Act, available for salaries and expenses, shall be available for uniforms or allowances therefor as authorized by law (5 U.S.C. 5901-5902). SEC. 505. Appropriations contained in this Act, available for salaries and expenses, shall be available for expenses of attendance at meetings which are concerned with the functions or activities for which the appropriation is made or which will contribute to improved conduct, supervision, or management of those functions or activities. SEC. 506. No part of the funds appropriated under this Act shall be used to provide a loan, guarantee of a loan, a grant, the salary of or any remuneration whatever to any individual applying for admission, attending, employed by, teaching at, or doing research at an institution of higher education who has engaged in conduct on or after August 1, 1969, which involves the use of (or the assistance to others in the use of) force or the threat of force or the seizure of property under the control of an institution of higher education, to require or prevent the availability of certain curricula, or to prevent

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Page:United States Statutes at Large Volume 96 Part 2.djvu/543

 PUBLIC LAW 97-377—DEC. 21, 1982 the faculty, administrative officials, or students in such institution from engaging in their duties or pursuing their studies at such institution. SEC. 507. The Secretaries of Labor, Education, and Health and Human Services are authorized to transfer unexpended balances of prior appropriations to accounts corresponding to current appropriations provided in this Act: Provided, That such transferred balances are used for the same purpose, and for the same periods of time, for which they were originally appropriated. SEC. 508. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. SEC. 509. No part of any appropriation contained in this Act shall be used, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or film presentation designed to support or defeat legislation pending before the Congress, except in presentation to the Congress itself. No part of any appropriation contained in this Act shall be used to pay the salary or expenses of any grant or contract recipient, or agent acting for such recipient, related to any activity designed to influence legislation or appropriations pending before the Congress. SEC. 510. The Secretaries of Labor, Education, and Health and Human Services are each authorized to make available not to exceed $7,500 from funds available for salaries and expenses under titles I, II, and III, respectively, for official reception and representation expenses; the Director of the Federal Mediation and Conciliation Service is authorized to make available for official reception and representation expenses not to exceed $2,500 from funds available for "Salaries and expenses. Federal Mediation and Conciliation Service"; and the Chairman of the National Mediation Board is authorized to make available for official reception and representation expenses not to exceed $2,500 from funds available for 'Salaries and expenses. National Mediation Board". SEC. 511. None of the funds appropriated by this Act shall be used to pay for any research program or project or any program, project, or course which is of an experimental nature, or any other activity involving human participants, which is determined by the Secretary or a court of competent jurisdiction to present a danger to the physical, mental, or emotional well-being of a participant or subject of such program, project, or course, without the written, informed consent of each participant or subject, or a participant's parents or legal guardian, if such participant or subject is under eighteen years of age. The Secretary shall adopt appropriate regulations respecting this section. SEC. 512. Section 104 of Public Law 97-276 is deemed to charge no amount appropriated by section 132, 134, 137, 141, or 142 of that joint resolution to any appropriation, fund, or authorization contained in this or any other measure whenever enacted. This Act may be cited as the "Departments of Labor, Health and Human Services, and Education and Related Agencies Appropriation Act, 1983". (2) Such amounts as may be necessary for carrying out the following activities, not otherwise provided for, at the current rate: health planning activities authorized by the Public Health Service Act: Provided, That, notwithstanding section 102 of this

96 STAT. 1905

Transfer of funds.

Fiscal year limitations.

Human participation projects.

Ante, p. 1190. Ante, pp. 1197, 1198. Short title.

42 USC 201 note.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/544

 96 STAT. 1906 Post, p. 1909. 42 USC 300/-1, 300Z-4, 300m. Ante, p. 1357. Ante, p. 1354. 229V^229l^^' 26 USC 51 92 Stat. 181.

PUBLIC LAW 97-377—DEC. 21, 1982

joint resolution, no penalty shall be applied nor any State or agency agreement terminated pursuant to sections 1512, 1515 or 1521 of the Public Health Service Act during fiscal year 1983; activities under the Comprehensive Employment and Training Act as authorized by section 181 of the Job Training Partnership Act, Public Law 97-300; sections 236, 237, and 238 of the Trade Act of 1974, as amended; section 51 of the Internal Revenue Code of 1954, as amended; and sections 210, 211, and 212 of Public Law 95-250; and activities under the Department of Labor, Employment and Training Administration, for "Program Administration". (3) Notwithstanding any other provision of this joint resolution, neither the restriction contained in the proviso under the heading "OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION: SALARIES AND EXPENSES" in Public Law 97-257 (96 Stat. 844) nor any similar or

Post, p. 1909.

comparable provision of any other law shall apply or have any continuing effect during fiscal year 1983 or any succeeding fiscal year. (f) Such amounts as may be necessary for continuing activities which were conducted in fiscal year 1982, for which provision was made in the Energy and Water Development Act, 1982, at the current rate of operations: Provided, That no funds under this heading shall be used for further study or construction or in any fashion for a federally funded waterway which extends the Tennessee Tombigbee project south from the city of Demopolis, Alabama: Provided further, 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 maintenance 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 maintenance activities funded in Flood Control, Mississippi River and Tributaries: Provided further. That of such amount, $1,000,000 shall be available only to provide for a wider navigation opening at the Franklin Ferry Bridge, Jefferson County, Alabama: 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 appropriations, funds, or other authority were not available during the fiscal year 1982 without prior approval of the Committees on Appropriations: Provided further. That Department of Energy, Atomic Energy Defense Activities, shall be funded at not to exceed an annual rate for new obligational authority of $5,700,000,000, of which not more than $4,372,000,000 shall be available for operating expenses and not more than $1,328,000,000 shall be available for plant and capital equipment, except that no funds shall be available for Project 82-D-109: 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: (g) Notwithstanding section 102(c) of this joint resolution, the following amounts are provided for fiscal year 1983:

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Page:Bobbsey Twins at the Seashore.djvu/53

Rh Hank looked at the broken wagon.

"Well, we're done now," he announced, with as little concern as if the party had been safely landed on Aunt Emily's piazza, instead of in a hole on the roadside.

"Do you mean to say you can't fix it up?" Mr. Bobbsey almost gasped.

"Not till I get the stage to the blacksmith's," replied Hank.

"Then, what are we going to do?" Mr. Bobbsey asked, impatiently.

"Well, there's an empty barn over there," Hank answered. "The best thing you can do is pitch your tent there till I get back with another wagon."

"Barn!" exclaimed Mrs. Bobbsey.

"How long will it take you to get a wagon?" demanded Mr. Bobbsey.

"Not long," said Hank, sprucing up a trifle. "You just get yourselves comfortable in that there barn. I'll get the coach to one side, and take a horse down to Sterritt's. He'll let me have a horse and a wagon, and I'll be back as soon as I kin make it."

"There seems nothing else to do," Mr.


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Page:United States Statutes at Large Volume 96 Part 2.djvu/545

 PUBLIC LAW 97-377—DEC. 21, 1982

96 STAT. 1907

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HOUSING PROGRAMS ANNUAL CONTRIBUTIONS FOR ASSISTED HOUSING

The amount of contracts for annual contributions, not otherwise provided for, as authorized by section 5 of the United States Housing Act of 1937, as amended (42 U.S.C. 1437c), and heretofore approved in appropriation Acts, is increased by $519,711,198: Provided, That the budget authority obligated under such contracts shall be increased above amounts heretofore provided in appropriation Acts by $8,651,475,689: Provided further, That of the budget authority provided herein, $361,760,000 shall be for assistance in financing the development or acquisition cost of public housing for Indian families, $1,834,000,000 shall be for assistance for projects developed for the elderly or handicapped under section 202 of the Housing Act of 1959, as amended (12 U.S.C. 1701q), and $2,500,000,000 shall be for the modernization of existing public housing projects pursuant to section 14 of the United States Housing Act of 1937, as amended (42 U.S.C. 14371): Provided further. That all budget authority recaptured and becoming available for obligation in fiscal year 1983 shall only be made available for annual contributions contracts under the section 8 moderate rehabilitation program and the section 8 existing housing program (42 U.S.C. 1437f): Provided further. That any balances of authorities made available prior to the enactment of this Act which are or become available for obligation in fiscal year 1983, shall be added to and merged with the authority approved herein, and such merged amounts shall be made subject only to terms and conditions of law applicable to authorizations becoming available in fiscal year 1983: Provided further. That the $89,321,727 of budget authority deferred and made available in accordance with the provisos under the heading "Annual Contributions for Assisted Housing" in Chapter VII of the Supplemental Appropriations Act, 1982 (Public Law 97-257), shall be made available for the modernization Ante, p. 835. of vacant uninhabitable public housing units, pursuant to section 14 of the United States Housing Act of 1937, as amended, other than section 14(1) of such Act: Provided further. That none of the merged amounts available for obligation in 1983 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): Provided further. That with respect to newly constructed and substantially rehabilitated projects under section 8 of the United States Housing Act of 1937, as amended, during 1983, the Secretary shall not impose a percentage or other arbitrary limitation on the cost and rent increases resulting from increased construction cost in exercising the authority to approve cost and rent increases set forth in section 8(1) of such Act: Provided further. That no funds provided in this joint resolution or any other Act shall be used to administer or implement any regulation, policy direction or handbook instruction concerning maximum total development costs applicable to the public housing, Indian housing or low-rent homeownership programs not in effect before September 7, 1982: Provided further. That the proceeding proviso may be waived by the Committees on Appropriations after the Department of Housing and Urban Development

97-200 O - 8 4 - p t. 2

18: QL3

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Page:United States Statutes at Large Volume 96 Part 2.djvu/546

 96 STAT. 1908

PUBLIC LAW 97-377—DEC. 21, 1982

presents to the Appropriations Committees, an analysis of the impact of the maximum total development cost regulation, published September 8, 1982 in the Federal Register, amending 24 CFR 804, 805 and 841, upon the ability of local public housing authorities to develop the units in the pipeline in a timely fashion. HOUSING FOR THE ELDERLY OR HANDICAPPED F U N D

Ante, p. 1160.

For an additional amount for direct loan obligations for "Housing for the Elderly or Handicapped Fund" under section 202 of the Housing Act of 1959, as amended, (12 U.S.C. 1701q), $181,200,000: Provided, That title I of the Department of Housing and Urban Development-Independent Agencies Appropriations Act, 1983 (Public Law 97-272) is amended by striking out the period at the end of the paragraph under the heading "Housing for the Elderly or Handicapped Fund", and inserting in lieu thereof the following: Provided further. That notwithstanding section 202(a)(3) of such Act, loans made in fiscal year 1983 shall bear an interest rate which does not exceed 9.25 per centum, including the allowance adequate in the judgment of the Secretary to cover administrative costs and probable losses under the program.". RENT SUPPLEMENT (RESCISSION)

The limitation otherwise applicable to the maximum payments that may be required in any fiscal year by all contracts entered into under section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s), is reduced in fiscal year 1983 by not more than $105,160,000 in uncommitted balances of authorizations provided for this purpose in appropriation Acts. FEDERAL HOUSING ADMINISTRATION F U N D

12 USC 1713, 1715/'iVi^l^' 1715y. ^' 12 USC 1720.

For an additional amount for commitments to guarantee loans to carry out the purposes of the National Housing Act, as amended, $6,100,000,000: Provided, That section 207(c)(3), the second proviso of section 213(b)(2), section 220(d)(3)(B)(iii), section 221(d)(3)(ii), section 221(d)(4)(ii), section 231(c)(2) and section 234(e)(3) of the National Housing Act are each amended by inserting "(by not to exceed 140 P®'' centum where the Secretary determines that a mortgage other than one purchased or to be purchased under section 305 of this Act '^y ^^6 Government National Mortgage Association in implementing its special assistance functions is involved)" after "90 per centum'. GOVERNMENT NATIONAL MORTGAGE ASSOCIATION SPECIAL A S S I S T A N C E FUNCTIONS F U N D

During 1983, within the resources and authority available, gross obligations for the principal amounts of direct loans made pursuant to section 305 of the National Housing Act, as amended (12 U.S.C. 1720), shall not exceed $500,000,000, which may be financed with collections received in 1983, and additional obligations are authorized in such amounts as are necessary for increases to prior year commitments.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/547

 PUBLIC LAW 97-377—DEC. 21, 1982 (h) Notwithstanding any other provision of this joint resolution such amounts as may be necessary for programs, projects, or activities provided for in the Department of the Interior and Related Agencies Appropriation Act, 1983 (H.R. 7356), to the extent and in the manner provided for in the conference report and joint explanatory statement of the Committee of Conference (House Report Number 97-978), passed by the House of Representatives on December 18, 1982, and by the Senate on December 19, 1982, as if such Act had been enacted into law: Provided, That notwithstanding any other provision of this joint resolution or any other Act including the Department of the Interior and Related Agencies Appropriation Act, 1983, $2,000,000 is appropriated for "Fossil energy research and development". Department of Energy, to remain available until expended. (i) Notwithstanding any other provision of this joint resolution such sums as may be necessary for programs, projects, or activities provided for in the Department of Agriculture, Rural Development and Related Agencies Appropriation Act, 1983 (H.R. 7072), to the extent and in the manner provided for in the conference report and joint explanatory statement of the Committee of Conference (House Report Number 97-957), filed in the House of Representatives on December 10, 1982, as if such Act had been enacted into law. SEC. 102. Appropriations and funds made available and authority granted pursuant to this joint resolution shall be available from December 17, 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 appropriation Act by both Houses without any provision for such project or activity, or (c) September 30, 1983, 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 authorization whenever a bill in which such applicable appropriation, fund, or authorization is contained is enacted into law. SEC. 105. All obligations incurred in anticipation of the appropriations 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. 106. 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. 107. (a) Notwithstanding any other provision of law, no part of any of the funds appropriated for the fiscal year ending September 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 applicable wage survey adjustment becomes effective, the rate which

96 STAT. 1909

Post, p. 1966.

Ante, p. 1787.

Funding availability.

Supra. 5 USC 5343 note.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/548

 96 STAT. 1910

PUBLIC LAW 97-377—DEC. 21, 1982

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 5 USC 5343 note. 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, or any other employee benefit, which requires any deduction or 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. (f) Notwithstanding the limitations imposed on prevailing rate pay pursuant to subsection (a) of this section and section 109 of Ante, p. 1191. Public Law 97-276, an Act to make continuing appropriations for the fiscal year 1983, such limitations shall not apply to wage adjustments for prevailing rate supervisors provided by the supervisory pay plan published in the Federal Register on May 21, 1982. (47FR22100). Space and SEC. 108. No part of any appropriation contained in, or funds services rental. 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 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 appropriation 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.

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