text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1221

 PUBLIC LAW 97-272—SEPT. 30, 1982

96 STAT. 1179

(2) unless such expenditure is subject to audit by the General Accounting Office or is specifically exempt by law from such audit. SEC. 406. None of the funds provided in this Act to any department or agency may be expended for the transportation of any officer or employee of such department or agency between his domicile and his place of employment, with the exception of the Secretary of the Department of Housing and Urban Development, who, under title 5, United States Code, section 101, is exempted from such limitations. SEC. 407. None of the funds provided in this Act may be used for payment, through grants or contracts, to recipients that do not share in the cost of conducting research resulting from proposals not specifically solicited by the Government: Provided, That the extent of cost sharing by the recipient shall reflect the mutuality of interest of the grantee or contractor and the Government in the research. SEC. 408. None of the funds provided in this Act may be used, directly or through grants, to pay or to provide reimbursement for payment of the salary of a consultant (whether retained by the Federal Government or a grantee) at more than the daily equivalent of the maximum rate paid for GS-18, unless specifically authorized by law. SEC. 409. No part of any appropriation contained in this Act for personnel compensation and benefits shall be available for other object classifications set forth in the budget estimates submitted for the appropriations without the approval of the Committees on Appropriations. SEC. 410. None of the funds in this Act shall be used to pay the expenses of, or otherwise compensate, non-Federal parties intervening in regulatory or adjudicatory proceedings. Nothing herein affects the authority of the Consumer Product Safety Commission pursuant to section 7 of the Consumer Product Safety Act (15 U.S.C. 2056 et seq.). SEC. 411. Except as otherwise provided under existing law or under an existing Executive order issued pursuant to an existing law, the obligation or expenditure of any appropriation under this Act for contracts for any consulting service shall be limited to contracts which are (1) a matter of public record and available for public inspection, and (2) thereafter included in a publicly available list of all contracts entered into within twenty-four months prior to the date on which the list is made available to the public and of all contracts on which performance has not been completed by such date. The list required by the preceding sentence shall be updated quarterly and shall include a narrative description of the work to be performed under each such contract. SEC. 412. Except as otherwise provided by law, no part of any appropriation contained in this Act shall be obligated or expended by any executive agency, as referred to in the Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.) for a contract for services unless such executive agency (1) has awarded and entered into such contract in full compliance with such Act and the regulations promulgated thereunder and (2) requires any report prepared pursuant to such contract, including plans, evaluations, studies, analyses and manuals, and any report prepared by the agency which is substantially derived from or substantially includes any report prepared pursuant to such contract, to contain information concerning (A) the contract pursuant to which the report was prepared and

Prohibition of certain government transportation.

Research projects.

Consulting service contracts. Public record availability.

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1222

 96 STAT. 1180

Short title.

PUBLIC LAW 97-272—SEPT. 30, 1982

(B) the contractor who prepared the report pursuant to such contract. SEC. 413. No part of any appropriation contained in this Act shall be available to implement, administer, or enforce any regulation which has been disapproved pursuant to a resolution of disapproval duly adopted in accordance with the applicable law of the United States. SEC. 414. Except as otherwise provided in section 406, none of the funds provided in this Act to any department or agency shall be obligated or expended to provide a personal cook, chauffeur, or other personal servants to any officer or employee of such department or agency. SEC. 415. None of the funds provided in this Act to any department or agency shall be obligated or expended to procure passenger automobiles as defined in 15 U.S.C. 2001 with an EPA estimated miles per gallon average of less than 22 miles per gallon. SEC. 416. (a)(1) Notwithstanding the directive of the Senate Office Building Commission of March 19, 1982, and notwithstanding any other provision of law, the Architect of the Capitol shall cease the obligation, commitment, or expenditure of any unallotted construction contingency funds (identified during the construction of the Hart Senate Office Building) for the purpose of completing the construction of the physical fitness facility in the Hart Senate Office Building. (2) The Architect of the Capitol is authorized to obligate and expend from the construction contingency funds for the Hart Senate Office Building amounts which are prohibited to be obligated, committed, or expended by the first paragraph of this subsection for such other necessary expenses relating to the completion of the Hart Senate Office Building as the Architect of the Capitol deems necessary. (b) No funds may be expended for the operation of the physical fitness facility in the Dirksen Senate Office Building after the date of enactment of this Act. This Act may be cited as the "Department of Housing and Urban Development-Independent Agencies Appropriation Act, 1983". Approved September 30, 1982.

LEGISLATIVE HISTORY—H.R. 6956 (S. 2880): HOUSE REPORTS: No. 97-720 (Comm. on Appropriations) and No. 97-891 (Comm. of SENATE REPORTS: No. 97-549 (Comm. on Appropriations) and No. 97-537 accompanying S. 2880 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 128 (1982): Sept. 15, considered and passed House. Sept. 24, considered and passed Senate, amended. Sept. 29, House agreed to conference report; concurred in some Senate amendments in others with amendments. Sept. 29, Senate agreed to conference report; concurred in House amendments. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 18, No. 41 (1982): Oct. 12, Presidential statement.

�

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


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1223

 PUBLIC LAW 97-273—SEPT. 30, 1982

96 STAT. 1181

Public Law 97-273 97th Congress An Act To authorize the Secretary of the Interior to proceed with development of the WEB pipeline, to provide for the study of South Dakota water projects to be developed in lieu of the Oahe and Pollock-Herreid irrigation projects, and to make available Missouri basin pumping power to projects authorized by the Flood Control Act of 1944 to receive such power.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the WEB Rural Water Development Project, authorized by section 9 of the Rural Development Policy Act of 1980 (94 Stat. 1175), is reauthorized subject to the provisions of section 9 of that Act, as amended by section 2 of this Act. The Secretary of the Interior (hereinafter referred to as the "Secretary") is authorized to proceed with the development of the WEB Rural Water Development Project, consistent with the terms and conditions of section 9(e) of that Act, as amended by section 2 of this Act, and to make available for immediate obligation any funds appropriated for such project for fiscal year 1981. SEC. 2. Section 9 of the Rural Development Policy Act of 1980 is amended by— (a) striking out in subsection (b) all after "the types of construction involved herein" and inserting a period in lieu thereof; (b) striking out the first sentence of subsection (d); and (c) striking out the first sentence of subsection (e) and inserting in lieu thereof the following: "The Secretary of the Interior shall use funds appropriated under this Act to provide financial assistance to plan and develop the WEB Rural Water Development Project under the terms and conditions of the Consolidated Farm and Rural Development Act and the rules and regulations promulgated by the Department of Agriculture under that Act, except to the extent such Act or rules or regulations promulgated thereunder are inconsistent with the provisions of this section.". SEC. 3. (a) The Secretary is authorized, in cooperation with the State of South Dakota, to conduct feasibility investigations of the following proposed water resource developments: (1) alternate uses of facilities constructed for use in conjunction with the Oahe unit, initial stage, James division, PickSloan Missouri basin program. South Dakota; (2) future uses in South Dakota of water delivered by the Garrison unit, Pick-Sloan Missouri basin program, North Dakota; and (3) a reformulated plan for the development of the PollockHerreid unit. South Dakota pumping division, Pick-Sloan Missouri basin program, South Dakota, including irrigation of alternative lands or reduced acreages. (b) The Secretary shall report to Congress the findings of the studies authorized by this section along with his recommendations.

Sept. 30, 1982 [H.R. 4347]

WEB Rural Water Development Project. 94 Stat. 1171. Funds, appropriation.

94 Stat. 1175.

7 USC 1921 note.

Proposed water resource developments, investigations.

Report to Congress.

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1224

 96 STAT. 1182

Oahe unit, initial stage.

Appropriation authorization.

PUBLIC LAW 97-273—SEPT. 30, 1982

(c) The Secretary may contract with the State to carry out the studies authorized by this section. SEC. 4. (a) The Secretary is authorized to cancel the master contract and participating and security contracts for the Oahe unit, initial Stage: Provided, That such actions shall be done with the agreement of the Oahe Conservancy Subdistrict and the Spink and West Brown irrigation districts: Provided further, That any repayment obligation existing at the time of cancellation of the master and participating and security contracts shall thereafter be treated as a deferred cost of the Pick-Sloan Missouri basin program: Provided, however, That such costs shall be assumed and repaid by the beneficiaries of any future project which utilizes the Oahe unit facilities. Such repayment obligation and manner of repayment shall be determined pursuant to the Act of June 17, 1902, and Acts supplementary thereto and amendatory thereof (43 U.S.C. 371). (b) Those features of the authorized plan of development for the Oahe unit, initial stage, which were designed for and could be used only to deliver irrigation water to the Spink and West Brown irrigation districts namely: Faulkton, Cresbard, West Main, Redfield, James, and East canals; Cresbard and Byron dams and reservoirs; James and Byron pumping plants; and associated features; shall not be constructed by the Secretary without further action by the Congress, but nothing in this Act shall be deemed to limit the authority of the Secretary to recommend development of other features, based upon any study authorized by section 3(a)(1) of this Act. SEC. 5. The Secretary of the Interior, in cooperation with the Department of Energy, is authorized to make available the PickSloan Missouri basin program pumping power to the Crow Creek, Cheyenne River, Omaha and Standing Rock Indian Reservation irrigation developments, and the Grass Rope Unit, Pick-Sloan Missouri basin program. Such pumping power shall also be made available to such additional irrigation projects as may be subsequently authorized to receive such power by Act of Congress. SEC. 6. There is hereby authorized to be appropriated beginning October 1, 1982, such funds as may be necessary to carry out the provisions of this Act. Approved September 30, 1982.

LEGISLATIVE HISTORY—H.R. 4347: HOUSE REPORT No. 97-524 Pt. 1 (Comm. on Interior and Insular Affairs), Pt. 2 (Comm. on Agriculture). SENATE REPORT No. 97-514 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 128 (1982): June 8, considered and passed House. Aug. 19, considered and passed Senate, amended. Sept. 23, House concurred in Senate amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 18, No. 39 (1982): Sept. 30, Presidential statement.

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1225

 PUBLIC LAW 97-274—SEPT. 30, 1982

96 STAT. 1183

Public Law 97-274 97th Congress An Act To amend the Community Services Block Grant Act to clarify the authority of the Secretary of Health and Human Services to designate community action agencies for certain community action programs administered by the Secretary for fiscal year 1982, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 682(b)(4) of the Community Services Block Grant Act (42 U.S.C. 9911(b)(4)) is amended— (1) by inserting "(A)" after "(4)"; (2) by inserting "or to entities designated under subparagraph (B)" before the period at the end thereof; and (3) by adding at the end thereof the following new subparagraph: "(B)(i) In any case in which a community action agency is denied refunding or is terminated for cause by the Secretary during fiscal year 1982 (regardless of whether such community action agency seeks review of such determination), the Secretary, with the concurrence of the chief executive officer of the State involved, may designate another public or private nonprofit agency to administer a community action program (as defined in section 210(a) of the Economic Opportunity Act of 1964, as in effect on September 30, 1981) in the same community. "(ii) If, after the Secretary makes a designation under clause (i) and before the State involved begins operating programs under the block grant established in this subtitle, a final determination is made to restore funding to the community action agency which was terminated or whose refunding was denied, then the agency desig-

Sept. 30, 1982 [H.R. 7065]

Community Services Block Grant Act, amendment. 95 Stat. 518.

42 USC 2790.

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1226

 96 STAT. 1184

Restriction.

PUBLIC LAW 97-274—SEPT. 30, 1982

nated under clause (i) shall lose its designation (as of the effective date of such final determination). "(iii) Notwithstanding the foregoing provisions of this section, if the Secretary makes a designation under clause (i), then the agency so designated shall be considered to be an eligible entity for purposes of this subtitle through fiscal year 1983.". Approved September 30, 1982.

LEGISLATIVE HISTORY—H.R. 7065: CONGRESSIONAL RECORD, Vol. 128 (1982): Sept. 20, considered and passed House. Sept. 24, considered and passed Senate.

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1227

 PUBLIC LAW 97-275—OCT. 1, 1982

96 STAT. 1185

Public Law 97-275 97th Congress An Act To amend the Emergency Fund Act (Act of June 26, 1948, 62 Stat. 1052).

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act entitled "An Act to authorize an emergency fund for the Bureau of Reclamation to assure the continuous operation of its irrigation and power systems", approved June 26, 1948, is amended by striking the words "irrigation and power systems" in the title and substituting the words "project facilities" and by changing the first sentence of section 1 of the Act to read as follows: "In order to assure continuous operation of all projects and project facilities governed by the Federal reclamation law (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto), including any project and facilities constructed with funds provided by the Small Reclamation Projects Act (Act of August 6, 1956, 70 Stat. 1044, and Acts amendatory thereof or supplementary thereto) or with funds provided by the Distribution System Loans Act (Act of May 14, 1956, 69 Stat. 244, and Acts amendatory thereof or supplementary thereto), there is hereby authorized to be appropriated from the reclamation fund an emergency fund which shall be available for defraying expenses which the Commissioner of Reclamation determines are required to be incurred because of unusual or emergency conditions.". Approved October 1, 1982.

LEGISLATIVE HISTORY—S. 1628: HOUSE REPORT No. 97-769 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 97-363 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 128 (1982): May 10, considered and passed Senate. Sept. 20, considered and passed House.

Oct. 1, 1982 [S. 1628] Emergency Fund Act, amendment. 43 USC 502.

43 USC 371 note.

43 USC 422k.

43 USC 421c. Appropriation authorization.

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1228

 96 STAT. 1186

PUBLIC LAW 97-276—OCT. 2, 1982

Public Law 97-276 97th Congress Joint Resolution —Oct. 2, 1982— Making continuing appropriations for the fiscal year 1983, and for other purposes. [H.J. Res. 599] ^ ^ e ft- ij r—

Continuing f ^^fScS^^^°'^^ 1983. ^^^

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the following sums are hereby appropriated, out of any money in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, for the several departments, agencies, corporations, and other organizational units of the Government for the fiscal year 1983, and for other purposes, namely: SEC. 101. (a)(1) Such amounts as may be necessary for continuii^ projects or activities (not otherwise specifically provided for in this joint resolution) which were conducted in the fiscal year 1982 and for which appropriations, funds, or other authority would be available in the following appropriations Acts: Agriculture, Rural Development, and Related Agencies Appropriation Act, 1983; Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriation Act, 1983; District of Columbia Appropriation Act, 1983; Department of Transportation and Related Agencies Appropriation Act, 1983; and Treasury, Posted Service and General Government Appropriation Act, 1983. (2) Appropriations made by this subsection shall be available to the extent and in the manner which would be provided by the pertinent appropriation Act. (3) Whenever the amount which would be made available or the authority which would be granted under an Act listed in this subsection as passed the House as of October 1, 1982, is different from that which would be available or granted under such Act as pa^ed by the Senate as of October 1, 1982, the pertinent project or activity shall be continued under the lesser amount or the more restrictive authority: Provided, That where an item is included in only one version of an Act as passed by both Houses as of October 1, 1982, the pertinent project or activity shall be continued under the appropriation, fund, or authority granted by the one House, but at a rate for operations of the current rate or the rate permitted by the action of the one House, whichever is lower, and under the authority and conditions provided in applicable appropriation Acts for the fiscal year 1982: Provided further. That for the purposes of this joint resolution, when an Act listed in this subsection has been reported to the House or the Senate but not passed by that House as of October 1, 1982, it shall be deemed as having been passed by that House. (4) Whenever an Act listed in this subsection has been passed by only the House as of October 1, 1982, the pertinent project or activity shall be continued under the appropriation, fund, or author-

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1229

 PUBLIC LAW 97-276—OCT. 2, 1982

96 STAT. 1187

ity granted by the House, but at a rate for operations of the current rate or the rate permitted by the action of the House, whichever is lower, and under the authority and conditions provided in applicable appropriation Acts for the nscal year 1982. (5) No provision which is includea in an appropriation Act enumerated in this subsection but which was not included in the applicable appropriation Act of 1982, and which by its terms is applicable to more than one appropriation, fund, or authority shall be applicable to any appropriation, fund, or authority provided in the joint resolution unless such provision shall have been included in identical form in such bill as enacted by both the House and the Senate. (b) Such amounts as may be necessary for continuing the following activities, not otherwise provided for, which were conducted in the fiscal year 1982, under the current terms and conditions and at a rate to maintain current operating levels: activities under the purview of the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriation Act, 1982, as provided for in Public Law 97-92; and activities, including those activities conducted pursuant to section 167 of the Energy Polipy and Conservation Act of 1975 (Public Law 94-163), as amended, for which provision was made in the Department of the Interior and Related Agencies Appropriation Act, 1982: Provided, That no programs or faculties funded therein may be terminated unless such termination is specifically approved in the appropriations process, including reprograming. (c) Pending passage of the r ^ u l a r Department of Defense Appropriation Act for fiscal ^ear 1983, such amounts as may be necessary for continuing activities which were conducted in the fiscal year 1982, for which provision was made in the Department of Defense Appropriation Act, 1982, but such activities shall be funded at not to exceed an annual rate for new obligational authority of $228,700,000,000, which is an increase above the current level, and this increase shall be distributed on a pro-rata basis to each appropriation account and shall operate under the terms and conditions provided for in the applicable appropriation Acts for the fiscal year 1982: Provided, That no appropriation or fund made available or authority granted pursuant to this paragraph shall be used to initiate or resume any project or activity for which appropriations, funds or other authority were not available during the fiscal year 1982; this limitation shall include but not be limited to prohibitions on ftmding availability for initial production of the MX intercontinental ballistic missile and for long lead or initial production of a second nuclear-powered aircraft carrier until midnight December 17, 1982; and in addition, this limitation shall include the lower appropriation or funding ceilings for specific projects and activities set forth in the Department of Defense Appropriation Act, 1983, as reported to the Senate on September 23, 1982, or as subsequently reported to the House of Representatives: Provided further, TTiat no appropriation or fund made available or authority granted pursuant to this paragraph shall be used to initiate multiyear procurements utilizing advance procurement funding for economic order quemtity procurement unless specifically appropriated later except for the following programs and amounts; AN/ALQ-136 Radar Jamming Systems, $14,500,000; NATO Seasparrow Ordalt Kits, $33,000,000;

95 Stat. 1183. 95 Stat. 619. ^2 USC 6247. 95 Stat. i39i.

95 Stat. 1565.

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1230

 96 STAT. 1188

PUBLIC LAW 97-276—OCT. 2, 1982

continue the purchase of C-2 aircraft under a multiyear contract, $267,800,000: Provided further, That none of the funds appropriated or made avsdlable pursuant to this paragraph for the pay of members of the uniformed services shall be available to pay any member of the uniformed services a variable housing allowance pursuant to section 403(a)(2) of title 37, United States Code, in an amount that is greater than the amount which would have been payable to such member if the rates of basic allowance for quarters for members of the uniformed services in effect on September 30, 1982, had been increased by 8 per centum on October 1, 1982: Provided further, That pending passage of the regular Department of Defense Appropriation Act for fiscal year 1983, none of the funds appropriated or made available pursuant to this paragraph shall be available for the additional conversion of any full time personnel in support of the Army Reserve, Air Force Reserve, Army National Guard, and Air National Guard, from military technician to Active Guard/Reserve status: Provided further. That none of the funds appropriated or made available pursuant to this paragraph, except for small purchases in amounts not exceeding $10,000, shall be available for the procurement of any article of food, clothing, cotton, woven silk or woven silk blends, spun silk yarn for cartridge cloth, synthetic fabric or coated S3nithetic fabric, or wool (whether in the form of fiber or yarn or contained in fabrics, materigds, or manufactured articles), or specialty metals including stainless steel flatware, not grown, reprocessed, reused, or produced in the United States or its possessions, except to the extent that the Secretary of the Department concerned shall determine that satisfactory quality and sufficient quantity of any articles of food or clothing or any form of cotton, woven silk and woven silk blends, spun silk yarn for cartridge cloth, synthetic fabric or coated synthetic fabric, wool, or specialty metals including stainless steel flatware, grown, reprocessed, reused, or produced in the United States or its possessions cannot be procured as and when needed at United States market prices and except procurements outside the United States in support of combat operations, procurements by vessels in foreign waters, and emergency procurements or procurements of perishable foods by establishments located outside the United States for the personnel attached thereto; Nothing in this provision shall preclude the procurement of foreign produced specialty metals used in the production or manufacture of weapons or weapons systems made outside the United States except those specialty metals which contain nickel from Cuba, or the procurement of chemical warfare protective clothing produced outside the United States, if such procurement is necessary to comply with agreements with foreign governments; Nothing herein shall preclude the procurement of foods manufactured or processed in the United States or its possessions; No funds appropriated or made available pursuant to this paragraph shall be used for the payment of a price differential on contracts hereafter made for the purpose of relieving economic dislocations other than certain contracts not involving fuel made on a test basis by the Defense Logistics Agency with a cumulative value not to exceed $5,000,000,000, as may be determined by the Secretary of Defense pursuant to existing laws and regulations as not to be inappropriate therefor by reason of national security considerations; That the Secretary specifically determines that there is a reasonable expectation that offers will be obtained from a sufficient number of eligible concerns so that awards of such contracts will be made at a reasonable price and that no award shall be made for such contracts if the price differential exceeds 5 per

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1231

 PUBLIC LAW 97-276—OCT. 2, 1982

96 STAT. 1189

centum; None of the funds appropriated or made available pursuant to this paragraph shall be used except that, so far as practicable, all contracts shall be awarded on a formally advertised competitive bid basis to the lowest responsible bidder. (d) Such amounts as may be necessary for continuing the activities of the Foreign Assistance Appropriations Act of 1982, Public Law 97-121, under the terms and conditions, and at the rate, provided for ^^ Stat. 1647. in that Act or at the rate provided for in the budget estimates, whichever is lower, and under the more restrictive authority, notwithstanding section 10 of Public Law 91-672, and section 15(a) of 22 USC 2412. the State Department Basic Authorities Act of 1956, or any other 22 USC 2680. provision of law: Provided, That amounts allocated to each country under this paragraph shall not exceed those provided in fiscal year 1982 unless submitted through the regular reprograming procedures of the Committees on Appropriations: Provided further. That economic and military assistance shall be available to Israel at the rate provided by, and under the terms and conditions of. Public Law 97-113.

95 Stat. 1519.

(e) Notwithstanding section 102 of this joint resolution, such note^^^^^ amounts as may be necessary for continuing projects and activities under all the conditions and to the extent and in the manner as provided in S. 2939, entitled the Legislative Branch Appropriation Act, 1983, as reported September 22, 1982, and the provisions of S. 2939 shall be effective as if enacted into law; except that the provisions of section 306(a), (b), and (d) of S. 2939 shall apply to any 5 USC 5318 note. appropriation, fund, or authority made available for the period October 1, 1982, through December 17, 1982, by this or any other Act. For purposes of this subsection, S. 2939, as reported September 22, 1982, shall be treated as appropriating the following amounts: Under the headings "JOINT ITEMS", "CONTINGENT EXPENSES OP THE SENATE", "Joint Economic Committee", $2,327,000, and "CONTINGENT EXPENSES OP THE HOUSE", "Joint Committee on Taxation", $3,233,000; under the headings "CONGRESSIONAL BUDGET OFFICE", "SALARIES AND EXPENSES", $14,825,000; under the headings "ARCHITECT OF THE CAPITOL", "Salaries", $4,301,000; under the headings "COPYRIGHT ROYALTY TRIBUNAL", "SALARIES AND EXPENSES", $606,000, of which $157,000 shall be derived from the appropriation "Payments to Copyright Owners" for the reasonable costs incurred in proceedings involving distribution of royalty fees as provided 1^ 17 U.S.C. 807; under the headings "GENERAL ACCX)UNTING OFFICE", "SALARIES AND EXPENSES^', $244,900,000. For purposes of this subsection, S. 2939 shall be applied as follows: The limitation on the number of staff employees of the Congressional Budget Office contained in S. 2939 shall be applied by substituting "222 staff employees" for "226 staff emplwees*'; The fourth proviso under the headings "GOVERNMENT PRINTING OFFICE, "GOVERNMENT PRINTING OFFICE REVOLVING FUND", relating to travel expenses of advisory councils to the Public Printer, contained in S. 2939 shall be effective only for fiscal year 1983. Notwithstanding any other provision of tms joint resolution, for {>ayment to Patricia Ann Benjamin, wife of Adam Benjamin, Junior, ate a Representative from the State of Indiana, $60,663. (f) Such amounts are available as may be necessary for projects or activities provided for in H.R. 6968, the Military Construction Appropriations Act, 1983, as passed the House on August 19, 1982, at

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1232

 96 STAT. 1190

95 Stat. 1135.

Funding availability.

Ante, p. 928.

PUBLIC LAW 97-276—OCT. 2, 1982

a rate for operations and to the extent and in the manner provided for in such Act: Provided, That notwithstanding the foregoing provision of this pargigraph and notwithstanding any other provision of this joint resolution, such amounts as may be necessary for projects or activities provided for in the Military Construction Act, 1983 (H.R. 6968), at a rate for operations and to the extent and in the manner provided for in the conference report and joint explanatory statement of the committee of conference as filed in the House of Representatives on September 30, 1982, as if such Act had been enacted into law. (g) Such amounts as m£^ 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 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 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 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. SEC. 102. Appropriations and funds made available and authority granted pursuant to this joint resolution shall be available from October 1, 1982, and shall remain available until (a) enactment into law of an appropriation for any project or activity provided for in this joint resolution, or (b) enactment of the applicable appropriation Act by both Houses without any provision for such project or activity, or (c) December 17, 1982, whichever first occurs. SEC. 103. Appropriations made and authority granted pursuant to this joint resolution shall cover all obligations or expenditures incurred for any project or activity during the period for which funds or authority for such projects or activity are available under this joint resolution. SEC. 104. Expenditures made pursuant to this joint resolution shall be charged to the applicable appropriation, fund, or authorization whenever a bill in which such applicable appropriation, fund, or authorization is contained is enacted into law. SEC. 105. Any appropriation for the fiscal year 1983 required to be apportioned pursuant to subchapter II of chapter 15 of title 31, United States Code, may be apportioned on a basis indicating the need (to the extent any such increases cannot be absorbed within available appropriations) for a supplemental or deficiency estimate of appropriation to the extent necessary to permit pa3niient of such pay increeises as may be granted pursuant to law to civilian officers and employees and to active and retired military personnel. Each

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1233

 PUBLIC LAW 97-276-OCT. 2, 1982

96 STAT. 1191

such appropriation shall otherwise be subject to the requirements of subchapter II of chapter 15 of title 31, United States Code. SEC, 106. In accordance with Public Law 97-257 of September 10, 1982, not to exceed an annual rate of $13,500,000 from the fees collected and credited to the "Salaries and Expenses" appropriation of the Federal Bureau of Investigation to process fingerprint identification records for noncriminal employment and licensing services, shall be available for salaries and other expenses incurred in providing such services. SEC. 107. Notwithstanding any other provision of this joint resolution, the New England Division of the United States Army Corps of Engineers shall be mEuntained as a Division with all of the duties and functions of a Division retained and shall not be redesignated a District or any other type office, other than Division. SEC. 108. Of amounts appropriated for the Water Resources Council, Water Resources Planning, for preparation of assessments and plans, in Public Law 97-88, not more than $195,000 shall remain available until expended and shall be available to pay for work performed prior to fiscal year 1982 in support of the Columbia River Estuary Data Development Program, if such work is accepted by the Water Resources Council. SEC. 109. (a) Notwithstanding any other provision of law, no part 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 was payable for the applicable grade and step to such employee under the applicable wage schedule that was in effect and payable on September 30, 1982; and (2) for the period consisting of the remainder of the fiscal year ending September 30, 1983, a rate which exceeds, as a result of a wage survey adjustment, the rate payable under paragraph (1) of this subsection by more than the overall average percentage of the adjustment in the General Schedule during the fiscal year ending September 30, 1983. (b) Notwithstanding the provisions of section 9(b) of Public Law 92-392 or section 704(b) of the Civil Service Reform Act of 1978, the 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

^"'«' P- ^28^«^«' P- 818.

95 Stat. 1148.

^ use 5343 note.

^ USC 5348.

5 USC 5343 "°**

Regulations.

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1234

 96 STAT. 1192

Space and services rental.

40 USC 490.

Federal lands, disposal.

47 FR 8547.

50 USC 98d. 50 USC 98e.

PUBLIC LAW 97-276—OCT. 2, 1982

contribution, or which imposes any requirement or limitation, on the basis of a rate of salary or basic pay, the rate of salary or basic pay payable after the application of this section shall be treated as the rate of salary or basic pay. SEC. 110. 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 of 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 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: Provided further. That the limitations of this section shall terminate on December 17, 1982. SEC. 111. Except as expressly provided for by law, none of the funds provided in this joint resolution shall be obligated to dispose, except by exchange, of any Federal land tract or lands with national environmental or economic value until such time as the General Services Administration, the Property Review Board, or other agencies as required under Executive Order 12348 has specifically identified them as no longer being needed by the Federal Government; inventoried them as to their public benefit values; provided opportunity for public review and discussion of the property proposed for disposal; and provided 30 days advance notice of the property proposed for disposal and of the plans for carrying out such disposal to the congressional delegation of the State or States in which the tract proposed for sale is located and to the appropriate congressional committees for immediate printing in the Congressional Record: Provided, That neither the Act of July 31, 1958 as amended (72 Stat, 438, as amended; 7 U.S.C. 1012a; 16 U.S.C. 478a) nor the Act of June 14, 1926, as amended (43 U.S.C. 869 et seq.) shall be subject to the provisions of this section. SEC. 112. Notwithstanding any other provision of this joint resolution except section 102, moneys deposited into the National Defense Stockpile Transaction Fund under section 9(b) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h(b)) are hereby made available, subject to such limitations as may be provided in appropriation Acts and in section 5(a)(l) of such Act, until expended for the acquisition of strategic and critical materials under section 6(a)(1) of such Act (and for transportation and other incidental expenses related to such acquisition). This paragraph applies without fiscal year limitation to moneys deposited into the fund before, on, or after October 1, 1982: Provided, That during the fiscal year ending on September 30, 1983, not more than $120,000,000 in addition to amounts previously appropriated, of which not to exceed $85,000,000 shall be available only until the termination of this joint resolution for the purchase of domestic copper mined and smelted in the United States after September 30, 1982, may be obligated from amounts in the National Defense Stockpile Transaction Fund for

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1235

 PUBLIC LAW 97-276—OCT. 2, 1982

96 STAT. 1193

the acquisition of strategic and critical materials under section 6(a)(l) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98e(aKl)) and for transportation and other incidental expenses related to such acquisition. SEC. 113. Notwithstanding any other provision of this joint resolution, funds available to the Federal Building Fund within the General Services Administration may be used to initiate new construction, purchase, advance design, and repairs and alteration line-item projects which are included in the Treasury, Postal Service and General Government Appropriation Act, 1983, as reported to the House or the Senate. SEC. 114. (a)(1) Funds provided by this joint resolution for costs to continue the implementation of provisions contained in the District of Columbia Statehood Constitutional Convention Initiative (D.C. Law 3-171) shall be applied first toward ensuring voter education on the proposed constitution by (A) printing, by the Statehood Commission, of the propc^ed constitution together with objective statements both for and against its provisions as expressed by the Convention delegates taking such positions, (B) mailing of this information to the registered voters of the District of Columbia by October 22, 1982, and (C) preparing for publication as a public document a comprehensive legislative history of the proposed constitution. (2) None of the funds provided by this joint resolution may be used to pay for the publication of any information or materials by the Statehood Commission which fail to present objective arguments for and against the provisions of the proposed constitution. (b) Notwithstanding section 102, the paragraph under the heading "LOTTERY AND CHARITABLE GAMES ENTERPRISE FUND" in the District of Columbia Appropriation Act, 1982 (Public Law 97-91; 95 Stat. 1175) is amended— 95 Stat. 1174. (1) in the second proviso, by striking out "payments of prizes" and inserting in lieu thereof "payment of fees to ticket agents, fees to contractors supplying gambling paraphernalia or services, and prizes"; (2) in the third proviso, by striking out "pa3maents of prizes" and inserting in lieu thereof "payment of such fees and prizes"; (3) in the fourth proviso, by striking out "prizes and administration of the Board shall not exceed resources available to the Board from appropriated authority or revenues" and inserting in lieu thereof "administration of the Board shall not exceed resources available to the Board from appropriated authority: Provided further. That the annual expenses for fees and prizes shall not exceed revenues"; and (4) in the fifth proviso, by striking out "for prize money" and inserting in lieu thereof "for fees and prize money". (c) Notwithstanding any other provision of this resolution, the Superior Court of the District of Columbia may continue to operate the Volunteer Attorney Program and the Community Workers Program, and may implement the hearing commissioner program, from existing resources and position authority. Upon passage of the fiscal year 1983 appropriation Act, full year program funding will be available to pay, retroactively, for program services performed on or after October 1, 1982. (d) The Washington Convention Center may proceed at an annual rate of operation which does not exceed $5,275,000. SEC. 115. Notwithstanding any other provision of this joint resolution except section 102, there are appropriated to the Postal Service

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1236

 96 STAT. 1194

Ante, pp. 837, ^^^

Ante, p. 129.

42 USC 6231^246.

15 USC 631

°°^-

PUBLIC LAW 97-276—OCT. 2, 1982

Fund sufficient amounts so that postal rates for all preferred-rate mailers covered by section 3626 of title 39, United States Code, shall be continued at the rates in effect on July 28, 1982 (step 13): Provided, That mail for overseas voting and mail for the blind shall continue to be free: Provided further. That six-day delivery and rural delivery of mail shall continue at the 1982 level. SEC. 116. Fuuds appropriated in Public Law 97-257 to the United States Fish and Wildlife Service for "Construction and anadromous fish" and to the Office of Surface Mining Reclamation and Enforcement for "Abandoned Mine Reclamation Fund" shall remain available until expended. SEC. 117. Notwithstanding section 101(a)(3) of this joint resolution, funds shall be available for the United States Court of Appeals for the Federal Circuit a t an annual rate not to exceed $4,146,000. SEC. 118. Notwithstanding any other provision of law or of this joint resolution, AID/afr-C-1414, Agency for International Development, shall be extended for an additional three years. SEC. 119. Notwithstanding any other provision of this joint resolution, there is appropriated $3o,500,000, to remain avsolable until expended, for Smithsonian Institution "Construction" to carry out the provisions of Public Law 97-203 to construct a building for the Museum of African Art and a gallery for Eastern a r t t(^ether with structures for related educational activities in the area south of the original Smithsonian Institution Building, including not to exceed $100,000 for services as authorized by 5 U.S.C. 3109: Provided, That except for funds obligated or expended for planning, adnunistration, and management expenses, and architectural or other consulting services, no funds herein appropriated shall be available for obligation or expenditure until such time as the Chancellor, acting on behalf of the Board of R ^ e n t s of the Smithsonian Institution, certifies that all required matching funds are actually on hand or available through l ^ a l l y binding pledges. SEC. 120. Notwithstanding any other provision of this joint resolution, there is appropriated $242,118,000, to remain available until expended, for I>epartment of Energy "Strategic Petroleum Reserve" to carry out the provisions of sections 151 through 166 of the Energy Policy and Conservation Act of 1975 (Public Law 94-163). SEC. 121. Notwithstanding section 101(a)(3) of this joint resolution, of the funds provided for the Salaries and Expenses appropriation of the Small Business Administration under this joint resolution, an annual rate of $14,000,000 shall be available only for grants for Small Business Development Centers as authorized, by section 20(a) of the Small Business Act^ as amended.

SEC. 122. Notwithstanding section ll(a)(3) of this joint resolution, none of the funds provided by this joint resolution for the Legal Services Corporation shall be expended for any purpose prohibited or limited by or contrary to section 4(a), (b), and (c); section 5; and section 11 of H.R. 3480, as passed the House of Representatives on June 18, 1981: Provided, That none of the funds appropriated under this joint resolution for the L ^ a l Services Corporation shall be expended to provide legal assistimce for or on behalf of any alien unless the alien is a resident of the United States and is— (1) an alien lawfully admitted for permanent residence as an immigrant as defined by sections 101(a)(15) and 101(a)(20) of the Lmnigration and Nationality Act (8 U.S.C. 1101(a) (15), (20)); (2) an alien who is either married to a United States citizen or is a parent or an unmarried child under the age of twenty-one

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1237

 PUBLIC LAW 97-276—OCT. 2, 1982

96 STAT. 1195

years of such a citizen and who has filed an application for adjustment of status to permanent resident under the Immigration and Nationality Act, and such application has not been 8 USC lioi rejected; "<''^(3) an alien who is lawfully present in the United States pursuant to an admission under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157, relating to refugee admissions) or who has been granted asylum by the Attorney General under such Act; or (4) an alien who is lawfully present in the United States as a result of the Attorney General's withholding of deportation pursuant to section 243(h) of the Immigration and Nationality Act (8 U.S.C. 1253(h)). An alien who is lawfully present in the United States as a result of being granted conditional entry pursuant to section 203(a)(7) of the Immigration and Nationality Act (8 U.S.C. 1153(a)(7)) before April 1, 1980, because of persecution or fear of persecution on account of race, religion, or political opinion or because of being uprooted by catastrophic natural calamity shall be deemed, for purposes of section 1007(b)(ll) of the Legal Services Corporation Act, 42 USC 2996f. to be an alien described in subparagraph (C) of such section: Provided further, That none of the funds provided by this joint resolution for the Legal Services Corporation shall be used by the Corporation in making grants or entering into contracts for legal assistance unless the Corporation insures that the recipient is either (a) a private attorney or attorneys (for the sole purpose of furnishing legal assistance to eligible clients) or (b) a qualified nonprofit organization chartered under the laws of one of the States for the primary purpose of furnishing legal assistance to eligible clients, the majority of the board of directors or other governing body of which organization is comprised of attorneys who are admitted to practice in one of the States and who are appointed to terms of office on such board or body by the governing bodies of State, county, or municipal bar associations the membership of which represents a majority of the attorneys practicing law in the locality in which the organization is to provide legal assistance: Provided further, That none of the funds appropriated under this joint resolution for the Legal Services Corporation shall be used to bring a class action suit against the Federal Government or any State or local government except in accordance with policies or regulations adopted by the Board of Directors of the Legal Services Corporation. SEC. 123. No provision in any appropriation Act for the fiscal year 1983 that makes the availability of any appropriation provided therein dependent upon the enactment of additional authorizing or other legislation shall be effective before the date set forth in section 102(c) of this joint resolution. SEC. 124. Notwithstanding any other provision of this joint resolu- 5 USC 5514 note, tion, in the case of any employee of the Federal Government who is indebted to the United States, as determined by a court of the United States in an action or suit brought against such employee by the United States, the amount of the indebtedness may be collected in monthly installments, or at officially established regular pay period intervals, by deduction in reasonable amounts from the current pay account of the individual. The deductions may be made only from basic pay, special pay, incentive pay, or, in the case of an individual not entitled to basic pay, other authorized pay. Collection shall be made over a period not greater than the anticipated period

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1238

 96 STAT. 1196

Termination of employment, debt collection.

16 USC 1132 notes. 94 Stat. 949. 43 USC 1782.

42 USC 603 note. 42 USC 601. 42 USC 603.

95 Stat. 1647.

49 USC 1376a note.

PUBLIC LAW 97-276—OCT. 2, 1982

of employment. The amount deducted for any period may not exceed one-fourth of the pay from which the deduction is made, unless the deduction of a greater amount is necessary to make the collection within the period of anticipated employment. If the individual retires or resigns, or if his employment otherwise ends, before collection of the amount of the indebtedness is completed, deduction shall be made from later payments of any nature due to the individual from the United States Treasury. SEC. 125. Of the $77,042,000 available at an annual rate under this joint resolution for the exchange programs of the United States Information Agency, $67,301,000 shall be available for the Fulbright and International Visitor Programs, $2,620,000 shall be available for the Humphrey Fellowship Program and $7,121,000 shall be available for the Private Sector Programs. SEC. 126. Except for lands described by sections lUt> and lUb ot Public Law 96-560, section 103 of Public Law 96-550, section 4(dKl) of Public Law 96-312 and section 603 of Public Law 94-579, and except for land in the State of Alaska, and lands in the national forest system released to management for any use the Secretary of Agriculture deems appropriate through the land management planning process by any statewide or other Act of Congress designating components of the National Wilderness Preservation System now in effect or hereinafter enacted, none of the funds provided in this joint resolution shall be obligated for any aspect of the processing or issuance of permits or leases pertaining to exploration for or development of coal, oil, gas, oilshale, phosphate, potassium, sulphur, gilsonite, or geothermal resources on Federal lands within any component of the National Wilderness Preservation System or within any Forest Service RARE II areas recommended for wilderness designation or allocated to further planning in Executive Communication 1504, Ninety-sixth Congress (House Document numbered 96-119); or within any lands designated by Congress as wilderness study areas. SEC. 127. No reduction in the amount payable to any State under title IV of the Social Security Act with respect to any of the fiscal years 1977 through 1982 shall be made prior to the date on which this resolution expires on account of the provisions of section 403(h) of such Act. SEC. 128. Notwithstanding any other provision of this joint resolution except section 102, funds shall be available for the special supplemental food program as authorized by section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786), at the rate and under the terms and conditions provided for in title III of H.R. 7072 as passed the Senate on September 28, 1982. SEC. 129. Notwithstanding any other provision of law or this joint resolution, except section 102, an amount for those International Financial Institutions referred to in title I of Public Law 97-121, the Foreign Assistance and Related Program Appropriations Act, 1982, as is equal to the total for such institutions in that title, may be allocated by the President among those institutions in a manner which does not exceed the limits established in authorizing legislation. SEC. 130. Notwithstanding any other provision of this joint resolution, except section 102, and notwithstanding any other provision of law for payments to air carriers of so much of the compensation fixed and determined by the Civil Aeronautics Board under section 419 of the Federal Aviation Act of 1958, as amended (49 U.S.C. 1389),

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1239

 PUBLIC LAW 97-276—OCT. 2, 1982

96 STAT. 1197

as is payable by the Board, $48,400,000 is appropriated to remain available until expended, and such amounts as may be necessary to liquidate obligations incurred prior to September 30, 1982, under 49 U.S.C. 1376 and 1389: Provided, That, notwithstanding any other provision of law, none of the funds hereafter appropriated by this joint resolution or any other Act shall be expended under section 406 (49 U.S.C. 1376) for services provided after September 30, 1982: Provided further. That, notwithstanding any other provision of law or of the previous provision of this paragraph, payments shall be made from funds appropriated herein and in accordance with the provisions of this paragraph to carriers providing, as of September 30, 1982, services covered by rates fixed under section 406 of the Federal Aviation Act (excluding services covered by payments under section 419(a)(7) and services in the State of Alaska): Provided further. That, notwithstanding any other provision of law, such payments shall be based upon rate orders applicable to such carriers as of July 1, 1982, but shall not exceed $13,500,000 in the aggregate: Provided further. That, notwithstanding any other provision of law, to the extent necessary to meet this limitation, such payments shall be reduced by a p e r c e n t ^ e which is the same for all carriers eligible for such payments: Provided further. That nothing in this joint resolution shall be deemed to prevent the Board from granting an application under section 419(a)(llXA) (49 U.S.C. 1389) pertaining to a carrier receiving compensation under this joint resolution, in which event the standards and procedures set forth in section 419(a)(llXA) shall apply. SEC. 131. Sections 308(g) and 308a(c) of title 35, United States Code, are amended by striking out "September 30, 1982" and inserting in lieu thereof "December 17, 1982'' SEC. 132. Notwithstanding any other provision of this joint resolution, there are appropriated $39,000,000 for fiscal year 1983 to carry out section 317(j)(l) of the Public Health Service Act, relating to preventive health service programs to immunize children against immunizable diseases. SEC. 133. (a) In accordance with section 101(b) of this joint resolution, activities under title XV of the Public Health Service Act shall be continued at a rate to maintain current operating levels. (b) Notwithstanding any other provision of law, no funds appropriated by this joint resolution or any other Act for fiscal year 1983 for any allotment, grant, loan, or loan guarantee under the Public Health Service Act or the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 shall be subject to reduction under section 1521(d)(2) of the Public Health Service Act during the period beginning on October 1, 1982, and ending on the date specified in clause (c) of section 102. SEC. 134. Notwithstanding any other provision of this joint resolution, there are appropriated $34,000,000 to carry out section 786 of the Public Health Service Act. SEC. 135. Notwithstanding any other provision of this joint resolution, such amounts as may be necessary shall be transferred from the Federal Hospital Insurance and the Federal Supplementary Medical Insurance Trust Funds to support an annual operating level for Medicare claims processing activities of $800,000,000, including $45,000,000 for this purpose which is currently available under section 118 of Public Law 97-248. SEC. 136. Notwithstanding the decision of the United States Court of Appeals for the District of Columbia Circuit in Connecticut

49 USC 1376. 49 USC 1389.

37 USC 308, 308a.

42 USC 247b.

42 USC 300k-l.

42 USC 201 note. 42 USC 4541 note. 42 USC 300m.

42 USC 295g-6. Funds, transfer.

Ante, p. 355. 42 USC 1395h note.

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1240

 96 STAT. 1198

PUBLIC LAW 97-276—OCT. 2, 1982

against Schweiker (No. 81-2090, July 27, 1982), section 306 of Public 42 USC 1320b-2 Law 96-272, or section 1132 of the Social Security Act, no payment and note. shall be made, in or with respect to any fiscal year prior to fiscal year 1984, under this or any other Act, and no court shall award or enforce any payment (whether or not pursuant to such decision) from amounts appropriated by this or any other Act, to reimburse State or local expenditures made prior to October 1, 1978, under title 42 USC 301, 601, I, IV, X, XIV, XVI, XIX, or XX of the Social Security Act, unless a 1201, 1351, 1381, request for reimbursement had been officially transmitted to the 1396, 1397. Federal Government by the State within one year after the fiscal year in which the expenditure occurred. After fiscal year 1983, any payment made to reimburse such State or local expenditures required to be reimbursed by a court decision in any case filed prior to September 30, 1982 shall be made in accordance with a schedule, to be established under the Social Security Act, over fiscal years 42 USC 1305. 1984 through 1986. SEC. 137. Notwithstanding any other provision of this joint resolution, there are appropriated $18,000,000 for fiscal year 1983 to carry out the Runaway and Homeless Youth Act. SEC. 138. Notwithstanding any other provision of law, of the funds appropriated for fiscal year 1983 to carry out the Community Serv95 Stat. 511. ices Block Grant Act of 1981, not more than 10 per centum of the funds allotted to each State under section 674 of such Act shall be 42 USC 9901 note. used for purposes other than to make grants to eligible entities as 95 Stat. 512. defined in section 673(1) of such Act or to organizations serving 42 USC 9903. seasonal and migrant farmworkers or to designated limited purpose 95 Stat. 511. agencies which meet the requirements of section 673(1) of such Act. 42 USC 9902. SEC. 139. Notwithstanding any other provision of this joint resolueommunity Services tion, unobligated funds from fiscal year 1982 appropriations Administration provided for closeout activities of the Community Services Adminiscloseout tration are to remain available through September 30, 1983. expenses. SEC. 140. Notwithstanding section 5(b)(2) of the Act of September 20 USC 240 note. 30, 1950 (Public Law 874, 81st Congress), not later than thirty days 20 USC 240. after the beginning of the fiscal year, the Secretary of Education shall, on the basis of any application for preliminary payment from any local educational agency which was eligible for a payment during the preceding fiscal year on the basis of entitlements estab20 USC 237, 238. lished under section 2 or 3 of such Act, make to such agency a payment of not less than— (1) in the case of a local educational agency described in section 3(d)(1)(A) of such Act, 75 per centum of the amount that such agency received during such preceding fiscal year; and (2) in the case of any other local educational agency, 50 per centum of the amount that such agency received during such preceding fiscal year. SEC. 141 Notwithstanding any other provision of this joint resolution or section 512(b) of the Omnibus Budget Reconciliation Act of 95 Stat. 444. 1981, there are appropriated $9,000,000 for fiscal year 1983 to carry out subpart 2 of part H of title XIII of the Education Amendments of 94 Stat. 1502. 1980 and section 528(5) of the Omnibus Budget Reconciliation Act of 95 Stat. 450. 1981, which shall remain available for obligation until September 30, 1988. SEC. 142. Notwithstanding any other provision of this joint resolution, there is hereby appropriated $5,000,000 under title III of the 42 USC 241. United States Public Health Service Act for Nursing Research activities.

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1241

 PUBLIC LAW 97-276—OCT. 2, 1982

96 STAT. 1199

SEC. 143. Section 93 of title 14, United States Code, is amended by (1) striking out "and" at the end of subsection (p); (2) striking out the period at the end of subsection (q) and inserting in lieu thereof "; and"; and (3) adding at the end thereof the following new subsection: "(r) provide medical and dental care for personnel entitled thereto by law or regulation, including care in private facilities.". SEC. 144. Notwithstanding any other provision of this joint resolution, except section 102, funds shall be available for the United States Travel and Tourism Administration at an annual rate of $7,600,000. SEC. 145. Notwithstanding any other provision of this joint resolution, the head of any department or agency of the Federal Government in carrying out any loan guarantee or insurance program shall enter into commitments to guarantee or insure loans pursuant to such program in the full amount provided by law subject only to (1) the availability of qualified applicants for such guarantee or insurance, and (2) limitations contained in appropriation Acts. SEC. 146. Notwithstanding any other provision of law or this joint resolution, no change in the regulations subject to the moratorium required by section 135 of Public Law 97-248 shall be promulgated in final form until one hundred and twenty days after the expiration of the moratorium, during which period the Department of Health and Human Services shall seek public review and comment on any such proposed regulations and consult with the appropriate Committees of Congress. SEC. 147. Notwithstanding any other provision of this joint resolution or any other provision of law, appropriations for urban and nonurban formula grants authorized by the Urban Mass Transportation Act of 1964 (49 U.S.C. 1601 et seq.) shall be apportioned and allocated using data from the 1970 decennial census for one-quarter of the sums appropriated and the remainder shall be apportioned and allocated on the basis of data from the 1980 decennial census. SEC. 148. Notwithstanding any other provision of this joint resolution, for necessary expenses for the National Oceanic and Atmospheric Administration (NOAA) to operate the civilian land remote sensing satellite system (LANDSAT), $13,555,000 above the rate provided by section 101(a) of this joint resolution, shall remain available until expended. SEC. 149. Of the amounts appropriated to the Department of State for the purposes of "Contributions for International Peacekeeping Activities" not more than $50,000,000 shall be available for expenses necessary for contributions to a United Nations Transition Assistance Group, notwithstanding section 15(a) of the State Department Basic Authorities Act of 1956 or any other provision of law: Provided, That none of these funds shall be obligated or expended for contributions to the United Nations Transition Assistance Group unless the President determines and reports to the Congress that an internationaly acceptable agreement has been achieved among the parties to the Namibia (Uspute concerning implementation of United Nations Security Council Resolution 435 for the independence of Namibia. SEC. 150. Notwithstanding any other provisions of this joint resolution, $365,000 shall be made available for the National Security Council, effective October 1, 1982, for the operations of the President's Foreign Intelligence Advisory Board and the President's Intelligence Oversight Board.

Loan guarantee.

Proposed regulations, review and comment. Ante, p. 375.

Peacekeeping activities. Report to Congress. 22 USC 2680.

Effective date.

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1242

 96 STAT. 1200 Funds, transfer. 95 Stat. 1413. 20 USC 956.

Effective date.

5 USC 5546a.

PUBLIC LAW 97-276—OCT. 2, 1982

SEC. 151. $5,200,000 of the funds appropriated to the National Endowment for the Humanities for Salaries and expenses" in Public Law 97-100 are hereby transferred to "Matching Grants" for the purposes of section 7(h) of the National Foundation on the Arts and the Humanities Act of 1965, as amended. Such funds shall remain available until September 30, 1984. SEC. 151. (a) Section 4109 of title 5, United States Code, is amended by adding at the end thereof the following new subsection: "(c) Notwithstanding subsection (a)(1) of this section, the Administrator, Federal Aviation Administration, may pay an individual training to be an air traffic controller of such Administration, during the period of such training, at the applicable rate of basic pay for the hours of training officially ordered or approved in excess of forty hours in an administrative workweek.". (b) Section 5532 of title 5, United States Code, is amended by adding at the end thereof the following new subsection: "(fKD Notwithstanding any other provision of law, the retired or retainer pay of a former member of a uniformed service shall not be reduced wMe such former member is temporarily employed, during the period described in paragraph (2) or any portion thereof, under the administrative authority of the Administrator, Federal Aviation Administration, to perform duties in the operation of the air traffic control system or to train others to perform such duties. "(2) The provisions of paragraph (1) of this subsection shall be in effect for any period ending not later than December 31, 1984, during which the Administrator, Federal Aviation Administration, determines that there is an unusual shortage of air traffic controllers performing duties under the administrative authority of such Administrator.. (c)(1) Chapter 55 of title 5, United States Code, is amended by inserting after section 5546 the following new section: Aviation Administration "(a) The Administrator of the Federal Aviation Administration (hereafter in this section referred to as the 'Administrator') may pay premium pay at the rate of 5 per centum of the applicable rate of basic pay to— "(1) any employee of the Federal Aviation Administration who is— "(A) occupying a position in the air traffic controller series classified not lower than GS-9 and located in an air traffic control center or terminal or in a flight service station; "(B) assigned to a position classified not lower than GS-09 or WG-10 located in an airway facilities sector; or "(C) assigned to a flight inspection crew-member position classified not lower than GS-11 located in a flight inspection field office, the duties of whose position are determined by the Administrator to be directly involved in or responsible for the operation and maintenance of the air traffic control system; and "(2) any employee of the Federal Aviation Administration who is assigned to a flight test pilot position classified not lower than 6S-12 located in a r ^ o n or center, the duties of whose position are determined by the Administrator to be unusually
 * § 5546a. Differential pay for certain employees of the Federal

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1243

 PUBLIC LAW 97-276—OCT. 2, 1982

96 STAT. 1201

taxing, physically or mentally, and to be critical to the advancement of aviation safety. "(b) The premium pay payable under any subsection of this section is in addition to basic pay and to premium pay payable under any other subsection of this section and any other provision of this subchapter.". (2) The analysis of chapter 55 of such title is amended by inserting after the item relating to section 5546 the following new item: "d546a. Differential pay for certain employees of the Federal Aviation Administration.".

(d) Section 5546a of title 5, United States Code (as added by section 152(c) of this joint resolution), is amended by adding at the end thereof the following new subsections: "(c)(1) The Administrator may pay premium pay to any employee Premium pay. of the Federal Aviation Administration who— "(A) is an air traffic controller located in an air traffic control center or terminal; "(B) is not required as a condition of employment to be certified by the Administrator as proficient and medically qualified to perform duties including the separation and control of air traffic; and "(C) is so certified. "(2) Premium pay paid under paragraph (1) of this subsection shall be paid at the rate of 1.6 per centum of the apphcable rate of basic pay for so long as such employee is so certified. "(d)(1) The Administrator may pay premium pay to any air traffic controller of the Federal Aviation Administration who is assigned by the Administrator to provide on-the-job training to another air traffic controller while such other air traffic controller is directly involved in the separation and control of live air traffic. "(2) Premium pay paid under paragraph (1) of this subsection shall be paid at the rate of 10 per centum of the applicable hourly rate of basic pay times the number of hours and portion of an hour during which the air traffic controller of the Federal Aviation Administration provides on-the-job training. "(e)(1) The Administrator may pay premium pay to any air traffic controller or flight service station specialist of the Federal Aviation Administration who, while working a r^ularly scheduled eighthour period of service, is required by his supervisor to work during the fourth through sixth hour of such period without a break of thirty minutes for a meal. "(2) Premium pay paid under paragraph (1) of this subsection shall be paid at the rate of 50 per centum of one-half of the applicable hourly rate of basic pay. "(f)(1) The Administrator shall prescribe standards for determining which air traffic controllers and other employees of the Federal Aviation Administration are to be paid premium pay under this section. "(2) The Administrator may prescribe such rules as he determines are necessary to carry out the provisions of this section.". (e) Section 5547 of title 5, United States Code, is amended by adding at the end thereof the following: "The first sentence of tl:^ section shall not apply to any employee of the Federal Aviation Administration who is paid premium pay under section 5546a of this ^"^' P 1200. title.".

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1244

 96 STAT. 1202

PUBLIC LAW 97-276—OCT. 2, 1982

(f) Section 8339(e) of title 5, United States Code, is amended by inserting before the period "unless such employee has received, 5 USC 8342. pursuant to section 8342 of this title, payment of the lump-sum 5 USC 8334. credit attributable to deductions under section 8334(a) of this title during any period of emplo^ent as an air traffic controller and such employee has not deposited in the Fund the amount received, with interest, pursuant to section 8334(d) of this title". (g) Section 8344 of title 5, United States Code, is amended by adding at the end thereof the following new subsection: "(h)(1) Subject to paragraph (2) of this subsection, subsections (a), (b), (c), and (d) of this section shall not apply to any annuitant receiving an annuity from the Fund while such annuitant is emAnte, p. 1200. ployed, during any period described in section 5532(fK2) of this title or any portion thereof, under the administrative authority of the Administrator, Federal Aviation Administration, to perform duties in the operation of the air traffic control system or to train other individuals to perform such duties. "(2) Paragraph (1) of this subsection shall apply only in the case of any annuitant receiving an annuity from the Fund who, before August 3, 1981, applied for retirement or separated from the service while being entitled to an annuity under this chapter.". Effective dates. (h)(1) The amendments made by subsections 152(b), (c), (e), and (g) 5 USC 5546a of this joint resolution shall take effect at 5 o'clock ante meridian note. eastern daylight time, August 3, 1981. 5 USC 5546a (2) The amendments made by subsection 152(a) and subsection note. 152(d) of this joint resolution shall take effect on the first day of the first applicable pay period beginning after the date of the enactment of this joint resolution. 5 USC 8339 note. (3) The amendment made by subsection 152(f) of this joint resolution shall take effect on the date of the enactment of this joint resolution. SEC. 152. Notwithstanding any other provision of this joint resolution, there is appropriated $190,000, to remain available until expended, for necessary expenses to carry out section 301 of the 42 USC 2991a Native Hawaiians Study Commission Act, Public Law 96-565. note. SEC. 153. Title IV of the Tariff Act of 1930 (19 U.S.C. 1401 et seq.) is amended by adding after section 625 the following new section: Export license. "SEC. 626. (a) In order to monitor and enforce export measures 19 USC 1626. required by a foreign government or customs union, pursuant to an international arrangement with the United States, the Secretary of the Treasury may, upon receipt of a request by the President of the United States and by a foreign government or customs union, require the presentation of a valid export license or other documents issued by such foreign government or customs union as a condition for entry into the United States of steel mill products specified in the request. The Secretary may provide by regulation for the terms and conditions under which such merchandise attempted to be entered without an accompanying valid export license or other documents may be denied entry into the United States. "(b) This section applies only to requests received by the Secretary of the Treasury prior to January 1, 1983, and for the duration of the arrangements.".

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1245

 PUBLIC LAW 97-276—OCT. 2, 1982

96 STAT. 1203

SEC. 154. (a) Subpart J of part I of schedule 5 of the TariflF 19 u Schedules of the United States (19 U.S.C. 1202) is amended by note.s e 1202 inserting after item 522.51 the following new item: 522.53

Steam.

Free

Free

(b) The amendment made by this section shall apply with respect to articles entered, or withdrawn from warehouse for consumption, on or after the date which is fifteen days after the date of enactment of this joint resolution. SEC. 155. For the purposes of the Immigration and Nationality Act, Tessie and Enrique Marfori shall be held and considered to have been lawfully admitted to the United States for permanent residence as of the date of the enactment of this joint resolution, upon payment of the required visa fee. Upon the granting of permanent residence to such aliens as provided for in this joint resolution, the Secretary of State shall instruct the proper officer to reduce by the required number, during the current fiscal year or the fiscal year next following, the total number of immigrant visas and conditional entries which are made available to natives of the country of the alien's birth under section 203(a) of the Immigration and Nationality Act or, if applicable, from the total number of such visas and entries which are made available to such natives under section 202(e) of such Act. SEC. 156. Notwithstanding any other provision of this joint resolution, there is appropriated $518,000,000, to remain available until expended, for Dep8u*tment of Transportation Interstate Transfer grants—Highways, and $365,000,000, to remain available until expended, for Department of Transportation Interstate Transfer grants—Transit: Provided, That allocations of these funds shall be distributed in accordance with House Report 97-783 or Senate Report 97-567, whichever is higher. SEC. 157-158. Since the United States Congress established the Social Security system in 1935 to provide for the general welfare by establishing a system of Federal old-age benefits; and Since Medicare was made part of the Social Security system by Act of Congress in 1965 to provide for the general welfare through a system of health benefits for the aged; and Since medicare is an insurance program in which working Americans contribute their Social Security payroll taxes and in which the elderly and disabled pay health insurance premiums in order to receive health benefits promised under this insurance plan; and Since proposals to limit eligibility for Medicare health beneffts to lower-income persons would profoundly alter the character of health insurance for the aged and disabled by removing the insurance principle from the Medicare program. It is the sense of the Senate that the Congress should reject any proposal to impose a ''means test" on eligibility for the Medicare program or benefits provided by the Medicare program. SEC. 159. Any amount remaining on September 30, 1982, from the contract authority and budget authority made available for use as provided in the third proviso under the heading, "Annual Contributions for Assisted Housing (Rescission)", in the Urgent Supplemental Appropriations Act, 1982 (Public Law 97-216), shall remain available for obligation in accordance with the terms of such proviso, except that the Agreement to Enter into a Housing Assistance Payments Contract shall not be required to include a provision requiring that construction must be in prepress prior to January 1,

Alien admittance. 8 USC 1101 note.

8 USC 1153. 8 USC 1152.

Medicare.

Ante, p. 183.

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1246

 96 STAT. 1204

PUBLIC LAW 97-276—OCT. 2, 1982

1983: Provided, That none of the amounts available for obligation in accordance with the foregoing shall be subject to the provisions of section 5(c)(2) and (3) and the fourth sentence of section 5(c)(l) of the United States Housing Act of 1937, as amended (42 U.S.C. 1437c), and section 213(d) of the Housing and Community Development Act of 1974, as amended (42 U.S.C. 1439). SEC. 160. All obligations incurred in anticipation of the 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. 161. Section 2 of the International Coffee Agreement Act of 1980 (19 U.S.C. 1356k) is amended by striking out "October 1, 1982" and inserting in lieu thereof "the expiration of this joint resolution". SEC. 162. Notwithstanding any other provisions of this joint resolution, except section 102, amounts which are available by section 101 for continuing activities conducted in 1982 under the Compre29 USC 801 note. hensive Employment and Training Act of 1973, as amended, are hereby also made available to continue those activities under the provisions of S. 2036 as reported by the Committee of Conference. Restrictions. SEC. 163. None of the funds provided in this joint resolution shall be used to implement an apportionment and staffing plan to specifically phase down the Public Health Service Commissioned Corps. SEC. 164, Notwithstanding section 1804 of the Public Health Serv42 USC 300V-3. ice Act, funds provided for the President's Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research by the Urgent Supplemental Appropriations Act, 1982 Ante, p. 182. (Public Law 97-216) shall remain available until December 31, 1982. Telephone SEC. 165. Notwithstanding any other provision of law, effective for service, the calendar year ending December 31, 1982, the Sergeant at Arms payment. and Doorkeeper of the Senate is authorized to pay, from funds available to him in the account (within the contingent fund of the Senate) for "Miscellaneous Items", the increase in the mileage tariff rates imposed, effective October 1981, by the Gteneral Services Administration for telephone service provided through its Federal Telecommunications System during such calendar year to Senators in the States they represent. If and to the extent that there has been paid, from the OfRcial Office Expense Account of any Senator, an amount which is authorized to be paid under the preceding sentence, then the Sergeant at Arms and Doorkeeper of the Senate shall reimburse such Expense Account of such Senator by a sum equal to such amount, upon certification and documentation (consisting of appropriate data supplied by the Gteneral Services Administration) by such Senator. Pajnnents made under this section shall be made upon vouchers approved by the Sergeant at Arms and Doorkeeper of the Senate. Restrictions. SEC. 166. None of the funds appropriated under this joint resolution or any other provisions of law shall be used for the purposes of conducting any studies relating or leading to the possibility of changing from the currently required "at cost" to a "market rate" method for the pricing of hydroelectric power by the six Federal public power authorities, or other agencies or authorities of the Federal Government. Ante, p. 681. SEC. 167. Section 508 of the Airport and Airway Improvement Act 49 USC 2207. of 1982 is amended by addir^ at the end thereof the following new subsection:

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1247

 PUBLIC LAW 97-276—OCT. 2, 1982

96 STAT. 1205

"(e) USE OF CERTAIN APPORTIONED FUNDS FOR DISCRETIONARY PUR-

POSES.—(1) Subject to paragraphs (2) and (3), if the Secretary determines, based upon notice provided under section 509(e), or otherwise that any of the amounts apportioned under section 57(a) will not be obligated during a fiscal year, the Secretary may obligate during such fiscal year an amount equal to such amounts at his discretion for any of the purposes for which funds are made available under section 505. "(2) The Secretary may make obligations in accordance with paragraph (1) only if the Secretary determines that the total of obligations for such fiscal j[ear for purposes of section 505 will not exceed the amount authorized for such fiscal year under section 505(a) and if the Secretary determines that sufficient amounts are authorized under section 505(a) for later fiscal years for obligation for such apportioned amounts which were not obligated during such fiscal year and which remain available under section 508(a). "(8) For the purposes of carrying out this subsection— "(A) None of the funds provided in the joint resolution providing continuing appropriations for the fiscal year 1983 shall be available for the planning or execution of programs the commitments for which are in excess of $1,050,000,000 for the two fiscal years ending prior to October 1, 1983, for grants-in^d for airport planning, noise compatibility planning and programs, and development; and "(B) Section 506(e)(4) of this Act shall not in any manner wiiatsoever impair the limitation established by this paragraph." Approved October 2, 1982.

LEGISLATIVE HISTORY—H.J. Res. 599: HOUSE REPORTS: No. 97-834 (Comm. on Appropriations) and No. 97-914 (Comm. of SENATE REPORT No. 97-581 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 128 (1982): Sept. 22, considered and passed House. Sept. 28, 29, considered and peissed Senate, amended. Oct. 1, House agreed to conference report; concurred in certain Senate amendments, and in others with amendments. Senate agreed to conference report; concurred in House amendments.

^"^«' P ^82. ^ use 2208. ^

^«^e, p. 676. 49 USC 2204.

^«*«' P 681. 49 USC 2207.

^"^«. P 677. 49 USC 2205.

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1248

 96 STAT. 1206

PUBLIC LAW 97-277—OCT. 4, 1982

Public Law 97-277 97th Congress Joint Resolution Oct. 4, 1982 [H.J. Res. 496]

National DiseSWe'ek

To provide for the designation of the week beginning on November 21, 1982, as "National Alzheimer's Disease Week".

Whereas Alzheimer's disease produces senile dementia in 15 percent of all individuals who have attained the age of 65 and is responsible for over 50 percent of all nursing home admissions; Whereas more than one million five hundred thousand American adults are affected by this surprisingly common disorder that destroys certain vital cells in the brain; Whereas more than $20,000,000,000 is spent annually in treating the ravages of Alzheimer's disease; Whereas one parent in one out of three families will succumb to this disease; Whereas Alzheimer's disease is not a normal consequence of aging; and Whereas an increase in the national awareness of the problem of Alzheimer's disease may stimulate the interest and concern of the American people which may lead, in turn, to increased research and eventually to the discovery of a cure for Alzheimer's disease: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the week beginning ^^ November 21, 1982, is designated as "National Alzheimer's Disease Week" and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe that week with appropriate activities. Approved October 4, 1982.

LEGISLATIVE HISTORY—H.J. Res. 496 (S.J. Res. 225): CONGRESSIONAL RECORD, Vol. 128 (1982): Sept. 21, considered and passed House. Sept. 24, considered and passed Senate.

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1249

 PUBLIC LAW 97-278—OCT. 4, 1982

96 STAT. 1207

Public Law 97-278 97th Congress An Act Granting the consent of Congress to the compact between the States of New Hampshire and Vermont concerning solid waste.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Congress consents to the compact entered into between the States of New Hampshire and Vermont providing for cooperative agreements to construct and operate facilities for the processing or disposal of soUd waste, and to carry out related purposes, which compact was approved by the State of New Hampshire on June 23, 1981, and by the State of Vermont on April 16, 1981. Such compact is substantially as follows: "ARTICLE I

Oct. 4, 1982 [H.R. 5288] New Hampshire and Vermont compact. Congressional consent.

"A. Statement of Policy. "It is recognized that municipalities in New Hampshire and Vermont may, in order to avoid duplication of cost and effort, and, in order to take advantage of economies of scale, find it necessary or desirable to enter into an agreement whereby joint solid waste disposal and resource recovery facilities are constructed and maintained. The States of New Hampshire and Vermont recognize the value of and the need for such a cooperative agreement to capture the economic benefits of reduced solid waste disposal costs and to enhance the economy through a reduction in demand for imported energy and the promotion of employment. Furthermore, the States of New Hampshire and Vermont recognize the value of and the need for such a cooperative agreement to maintain a safe and healthy environment, including a clean and renewable supply of the water resources. "B. Requirement of Administrative and Congressional Approval. "This compact shall not become effective until approved by the Administrator of the United States Environmental Protection Agency and the United States Congress. "C. Definitions. "1. 'Resource recovery facility' shall mean any facility at which solid waste is processed for the purpose of extracting, converting to energy, or otherwise, separating and preparing solid waste for reuse. "2. 'Municipalities' shall mean in Vermont, a municipality as defined in 1 V.S.A. § 126 and a union municipal district established under the authority of 24 V.S.A. Chapter 121; shall mean in New Hampshire, a public agency as defined in RSA 53-A:2 and a regional refuse disposal district established under the authority of RSA 53-B. "3. 'Solid waste agencies' shall mean those agencies within New Hampshire and Vermont possessing authority to regulate solid waste disposal and to administer the Resource Conservation and Recovery Act of 1976, as amended (42 USCA Chapter 82).

97-200 O—84—pt. 1

40: QL3

42 USC 6901 et seq.

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1250

 96 STAT. 1208

42 USC 6944.

PUBLIC LAW 97-278—OCT. 4, 1982

"4. 'Sanitary landfills' shall mean a facility for the disposal of solid waste which meets the criteria published under 42 USCA § 6944 of the Resource Conservation and Recovery Act of 1976, as amended. "5. 'Solid waste' shall mean any garbage, refuse, metal goods, tires, demolition and construction waste, yard waste, and sludge from a waste water treatment plant, or other discarded materials, possessing no value to the producer in its present form where it is located, produced by normal residential, commercial, and industrial activities, but does not include hazardous waste. "6. 'Hazardous waste' shall mean any solid, semi-solid, liquid, or contained gaseous waste, or any combination of these wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may: (a) cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or (b) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed, or any waste classified as hazardous at any time under applicable laws and regulations of the United States, New Hampshire, and Vermont or any subdivision thereof pursuant to a valid grant of authority. "ARTICLE II "PROCEDURES AND CONDITIONS GOVERNING INTERGOVERNMENTAL AGREEMENTS

"A. Cooperative Agreements Authorized. "Any two or more municipalities, one or more located in New Hampshire and one or more located in Vermont, may enter into cooperative agreements for the construction, maintenance, and operation of a resource recovery facility or sanitary landfill or both, and those related services needed for the efficient operation thereof. The agreement may also include the sale of energy and other byproducts. "B. Approval of Agreements. "Any agreement entered into under this compact shall, prior to becoming effective, be approved by the solid waste agencies of both New Hampshire and Vermont as in conformance with each State's solid waste management plan. "C. Method of Adopting Agreements. "Agreements hereunder shall be adopted in accordance with existing statutory procedures for the adoption of intergovernmental agreements between municipalities within each State, and further in New Hampshire, as provided in RSA 53-B. "D. Review and Approval of Plans. "The solid waste agencies of the State in which any part of a solid waste disposal and resource recovery facility which is proposed under an agreement pursuant to this compact is proposed to be or is located is hereby authorized and required, to the extent such authority exists under its State~law to assure that the proposed facility is compatible with the existing State plan.

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1251

 PUBLIC LAW 97-278—OCT. 4, 1982

96 STAT. 1209

"E. Contents of Agreements. "Agreements entered into pursuant to this compact shall contain the following: " 1. Duration of the agreement. "2. Purpose of the agreement. "3. Provision for a joint board and/or administrator, responsible for administering the cooperative undertaking and the powers to be exercised thereby. All municipalities party to the agreement shall be represented. "4. The manner of acquiring, holding, and disposing of real and personal property used in the cooperative undertaking. "5. The manner of financing the cooperative undertaking and establishing a budget therefor. "6. The manner and method of establishing and imposing fair and equitable charges for the users of the facilities. "7. A provision establishing a procedure for the arbitration of disputes. "8. The conditions and procedure under which a municipality may withdraw from or be added to a cooperative agreement. "9. The manner in which the agreement may be amended. "10. The methods to be employed in the termination of the agreement and for disposing of property upon termination. "ARTICLE III "EFFECTIVE DATE

"A. This compact shall become effective when ratified by New Hampshire and Vermont and approved by the United States Congress.". SEC. 2. Nothing contained in the compact described in the first section of this Act shall be construed as impairing or in any manner affecting any right or jurisdiction of the United States in and over the region which forms the subject of the agreement. SEC. 3. The right to alter, amend, or repeal this Act is expressly reserved. Approved October 4, 1982.

LEGISLATIVE HISTORY—H.R. 5288: HOUSE REPORT No. 97-724 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 128 (1982): Aug. 16, considered and passed House. Sept. 20, considered and passed Senate.

�