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Page:United States Statutes at Large Volume 95.djvu/1182

 95 STAT. 1156

Waiver.

Waiver. 5 USC 4101 et seq.

Regulations, submittal to congressional committees.

PUBLIC LAW 97-89—DEC. 4, 1981

requested, and repayment of the expenses of such training for failure to fulfill the agreement, consistent with the provisions of section 4108 of title 5, United States Code. "(2) The Director, under regulations prescribed under this section, may waive, in whole or in part, a right of recovery under an agreement made under this subsection if it is shown that the recovery would be against equity and good conscience or against the public interest. "(e)(1) Subject to paragraph (2), the Director may provide to family members of military and civilian cryptologic personnel assigned to representational duties outside the United States, in anticipation of the assignment of such personnel outside the United States or while outside the United States, appropriate orientation and language training that is directly related to the assignment abroad. "(2) Language training under paragraph (1) may not be provided to any individual through payment of the expenses of tuition or other cost of instruction at a non-Government educational institution unless appropriate instruction is not available at a Government facility. "(f) The Director may waive the applicability of any provision of chapter 41 of title 5, United States Code, to any provision of this section if he finds that such waiver is important to the performance of cryptologic functions. "(g) The authority of the Director to enter into contracts or to make grants under this section is effective for any fiscal year only to the extent that appropriated funds are available for such purpose. "(h) Regulations issued pursuant to this section shall be submitted to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate before such regulations take effect."; and (2) by striking out "SEC. 10." before "The Director" and inserting in lieu thereof "(1)". SENIOR CRYPTOLOGIC EXECUTIVE SERVICE; CRYPTOLOGIC RESEARCH GRANTS; CRYPTOLOGIC PROCUREMENT; MISUSE OF AGENCY NAME

SEC. 603. The National Security Agency Act of 1959 is amended by adding at the end thereof the following new sections: Establishment. "SEC. 12. (a)(1) The Secretary of Defense (or his designee) may by 50 USC 402 note. regulation establish a personnel system for senior civilian cryptologic personnel in the National Security Agency to be known as the Senior Cryptologic Executive Service. The regulations establishing the Senior Cryptologic Executive Service shall-— "(A) meet the requirements set forth in section 3131 of title 5, United States Code, for the Senior Executive Service; "(B) provide that positions in the Senior Cryptologic Executive Service meet requirements that are consistent with the provisions of section 3132(a)(2) of such title; "(C) provide, without regard to section 2, rates of pay for the Pay rates. Senior Cryptologic Executive Service that are not in excess of the 50 USC 402 note. maximum rate or less than the minimum rate of basic pay established for the Senior Executive Service under section 5382 of such title, and that are adjusted at the same time and to the same extent as rates of basic pay for the Senior Executive Service are adjusted; "(D) provide a performance appraisal system for the Senior Cryptologic Executive Service that conforms to the provisions of 5 USC 4311. subchapter II of chapter 43 of such title;

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95 STAT. 1157

"(E) provide for removal consistent with section 3592 of such title, and removal or suspension consistent with subsections (a), 5 USC 3592. (b), and (c) of section 7543 of such title (except that any hearing or appeal to which a member of the Senior Cryptologic Executive Service is entitled shall be held or decided pursuant to procedures established by regulations of the Secretary of Defense or his designee); "(F) permit the payment of performance awards to members of Performance the Senior Cryptologic Executive Service consistent with the awards. provisions applicable to performance awards under section 5384 of such title; and "(G) provide that members of the Senior Cryptologic Executive Sabbatical Service may be granted sabbatical leaves consistent with the leaves. provisions of section 3396(c) of such title. "(2) Except as otherwise provided in subsection (a), the Secretary of Defense (or his designee) may— "(A) make applicable to the Senior Cryptologic Executive Service any of the provisions of title 5, United States Code, applicable to applicants for or members of the Senior Executive Service; and "(B) appoint, promote, and assign individuals to positions established within the Senior Ciyptologic Executive Service without regard to the provisions of title 5, United States Code, governing appointments and other personnel actions in the competitive service. "(3) The President, based on the recommendations of the Secretary of Defense, ma;^ award ranks to members of the Senior Cryptologic Executive Service in a manner consistent with the provisions of section 4507 of title 5, United States Code. "(4) Notwithstanding any other provision of this section, the Director of the National Security Agency may detail or assign any member of the Senior Cr3rptologic Executive Service to serve in a position outside the National Security Agency in which the member's expertise and experience may be of benefit to the National Security Agency or another Government agency. Any such member shall not by reason of such detail or assignment lose any entitlement or status associated with membership in the Senior Crsrptologic Executive Service. "(5) The Director of the National Security Agency shall each year Report to submit to the Permanent Select Committee on Intelligence of the congressional House of Representatives and the Select Committee on Intelligence of committees. the Senate, at the time the Budget is submitted by the President to the Congress for the next fiscal year, a report on executive personnel in the National Security Agency. The report shall include— "(A) the total number of positions added to or deleted from the Senior Cryptologic Executive Service during the preceding fiscal year; "(B) the number of executive personnel (including all members of the Senior Cr3rptologic Executive Service) being paid at each grade level and pay rate in effect at the end of the preceding fiscal year; "(C) the number, distribution, and amount of awards paid to members of the Senior Cryptologic Executive Service during the preceding fiscal year; and "(D) the number of individuals removed from the Senior Cryptologic Executive Service during the preceding fiscal year for less than fully successful performance.

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


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Page:United States Statutes at Large Volume 95.djvu/1184

 95 STAT. 1158 Merit pay system.

5 USC 5312. Grants. 50 USC 402 note.

41 USC 505.

50 USC 402 note.

50 USC 402 note.

eivil proceeding.

PUBLIC LAW 97-89—DEC. 4, 1981

"(b) The Secretary of Defense (or his designee) may by regulation establish a merit pay system for such employees of the National Security Agency as the Secretary of Defense (or his designee) considers appropriate. The merit pay system shall be designed to carry out purposes consistent with those set forth in section 5401(a) of title 5, United States Code. "(c) Nothing in this section shall be construed to allow the aggregate amount payable to a member of the Senior Cryptologic Executive Service under this section during any fiscal year to exceed the annual rate payable for positions at level I of the Executive Schedule in effect at the end of such year. "SEC. 13. (a) The Director of the National Security Agency may make grants to private individuals and institutions for the conduct of cryptologic research. An application for a grant under this section may not be approved unless the Director determines that the award of the grant would be clearly consistent with the national security. "(b) The grant program established by subsection (a) shall be conducted in accordance with the Federal Grant and Cooperative Agreement Act of 1977 (41 U.S.C. 501 et seq.) to the extent that such Act is consistent with and in accordance with section 6 of this Act. "(c) The authority of the Director to make grants under this section is effective for any fiscal year only to the extent that appropriated funds are available for such purpose. "SEC. 14. Funds appropriated to an entity of the Federal Government other than an element of the Department of Defense that have been specifically appropriated for the purchase of cryptologic equipment, materials, or services with respect to which the National Security Agency has been designated as the central source of procurement for the Government shall remain available for a period of three fiscal years. "SEC. 15. (a) No person may, except with the written permission of the Director of the National Security Agency, knowingly use the words 'National Security Agency*, the initials 'NSA', the seal of the National Security Agency, or any colorable imitation of such words, initials, or seal in connection with any merchandise, impersonation, solicitation, or commercial activity in a manner reasonably calculated to convey the impression that such use is approved, endorsed, or authorized by the National Security Agency. "(b) Whenever it appears to the Attorney General that any person is engaged or is about to engage in an act or practice which constitutes or will constitute conduct prohibited by subsection (a), the Attorney General may initiate a civil proceeding in a district court of the United States to enjoin such act or practice. Such court shall proceed as soon as practicable to the hearing and determination of such action and may, at any time before final determination, enter such restraining orders or prohibitions, or take such other action as is warranted, to prevent injury to the United States or to any person or class of persons for whose protection the action is brought.". TITLE Vn—DEFENSE INTELLIGENCE AGENCY PERSONNEL PROVISIONS DEFENSE INTELLIGENCE SENIOR EXECUTIVE SERVICE; MERIT PAY SYSTEM

SEC. 701. (a)(1) Part II subtitle A of title 10, United States Code, is amended by adding at the end thereof the following new chapter:

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 PUBLIC LAW 97-89—DEC. 4, 1981

95 STAT. 1159

"Chapter 83-DEFENSE INTELLIGENCE AGENCY CIVILIAN PERSONNEL "Sec. "1601. Defense Intelligence Senior Executive Service. "1602. Defense Intelligence Agency merit pay system. "1603. Limit on pay.

"§1601. Defense Intelligence Senior Executive Service "(a) The Secretary of Defense may by regulation establish a personnel system for senior civilian personnel within the Defense Intelligence ^ e n c y to be known as the Defense Intelligence Senior Executive Service. The regulations establishing the Defense Intelligence Senior Executive Service shall— "(1) meet the requirements set forth in section 3131 of title 5 for the Senior Executive Service; "(2) provide that positions in the Defense Intelligence Senior Executive Service meet requirements that are consistent with the provisions of section 3182(a)(2) of title 5; "(3) provide rates of pay for the Defense Intelligence Senior Executive Service that are not in excess of the maximum rate or less than the minimum rate of basic pay established for the Senior Executive Service under section 5382 of title 5, and that are adjusted at the same time and to the same extent as rates of basic pay for the Senior Executive Service are adjusted; "(4) provide a performance appraisal system for the Defense Intelligence Senior Executive Service that conforms to the provisions of subchapter II of chapter 43 of title 5; "(5) provide for removal consistent with section 3592 of such title, and removal or suspension consistent with subsections (a), (b), and (c) of section 7543 of title 5 (except that any hearing or appeal to which a member of the Defense Intelligence Senior Executive Service is entitled shall be held or decided pursuant to procedures established by regulations of the Secretary of Defense); "(6) permit the payment of performance awards to members of the Defense Intelligence Senior Executive Service consistent with the provisions applicable to performance awards under section 5384 of title 5; and "(7) provide that members of the Defense Intelligence Senior Executive Service may be granted sabbatical leaves consistent with the provisions of section 3396(c) of title 5. "(b) Except as otherwise provided in subsection (a), the Secretary of Defense may— "(1) make applicable to the Defense Intelligence Senior Executive Service any of the provisions of title 5 applicable to applicants for or members of the Senior Executive Service; and "(2) appoint, promote, and assign individuals to positions established within the Defense Intelligence Senior Executive Service without regard to the provisions of title 5 governing appointments and other personnel actions in the competitive service. "(c) The President, based on the recommendations of the Secretary of Defense, may award ranks to members of the Defense Intelligence Senior Executive Service in a manner consistent with the provisions of section 4507 of title 5.

89-194 O—82

75:QL3

Establishment. 10 USC 1601.

5 USC 4311.

Performance awards. Sabbatical leaves.

5 USC loi

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Page:United States Statutes at Large Volume 95.djvu/1186

 95 STAT. 1160 Personnel detail.

Report to congressional committees.

10 USC 1602.

10 USC 1603.

5 USC 5312

PUBLIC LAW 97-89—DEC. 4, 1981

"(d) Notwithstanding any other provision of this section, the Secretary of Defense may detail or assign any member of the Defense Intelligence Senior Executive Service to serve in a position outside the Defense Intelligence Agency in which the member's expertise and experience may be of benefit to the Defense Intelligence Agency or another Government agency. Any such member shall not by reeison of such detail or assignment lose any entitlement or status associated with membership in the Defense Intelligence Senior Executive Service. "(e) The Secretary of Defense shall each year submit to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate, at the time the Budget is submitted by the President to the Congress for the next fiscal year, a report on the executive personnel in the Defense Intelligence Agency. The report shall include— "(1) the total number of positions added to or deleted from the Defense Intelligence Senior Executive Service during the preceding fiscal year; "(2) the number of executive personnel (including all members of the Defense Intelligence Senior Executive Service) being paid at each grade level and pay rate in effect at the end of the preceding fiscal year; "(3) the number, distribution, and amount of awards paid to members of the Defense Intelligence Senior Executive Service during the preceding fiscal year; and "(4) the number of individuals removed from the Defense Intelligence Senior Executive Service during the preceding fiscal year for less than fully successful performance. "§ 1602. Defense Intelligence Agency merit pay system "The Secretary of Defense may by regulation establish a merit pay system for such employees of the Defense Intelligence Agency as the Secretary considers appropriate. The merit pay system shall be designed to carry out purposes consistent with those set forth in section 5401(a) of title 5. "§1603. Limit on pay "Nothing in this chapter shall be construed to allow the aggregate amount payable to a member of the Defense Intelligence Senior Executive Service under this chapter during any fiscal year to exceed the annual rate payable for positions at level I of the Executive Schedule in effect at the end of such year.". (2) The table of chapters at the beginning of subtitle A of title 10, United States Code, and the table of chapters at the beginning of part II of such subtitle, are amended by adding after the item relating to chapter 81 the following new item: "83. Defense Intelligence Agency CivUian Personnel

10 USC 1601 note.

1601".

(b) The authority of the Secretary of Defense under chapter 83 of title 10, United States Code, as added by subsection (a), may be delegated in accordance with section 133(d) of title 10, United States Code.

ikiw 5V-

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Page:United States Statutes at Large Volume 95.djvu/1187

 PUBLIC LAW 97-89—DEC. 4, 1981

95 STAT. 1161

TITLE Vra—PROVISIONS APPLICABLE TO MORE THAN ONE AGENCY AND EFFECTIVE DATE EXCLUSION FROM VETERANS PREFERENCE PROVISIONS

SEC. 801. Section 2108(3) of title 5, United States Code, is amended by striking out "or the General Accounting Office" and inserting in lieu thereof ", the Defense Intelligence Senior Executive Service, the Senior Cryptologic Executive Service, or the General Accounting Office". ACCUMULATION OF ANNUAL LEAVE NOT SUBJECT TO LIMITATION

SEC. 802. Section 6304 of title 5, United States Code, is amended by striking out subsections (f) and (g) and inserting in lieu thereof the following: "(f) Annual leave accrued shall not be subject to the limitation on accumulation otherwise imposed by this section if such leave is accrued by an individual while serving in a position in— "(1) the Senior Executive Service; "(2) the Senior Foreign Service; "(3) the Defense Intelligence Senior Executive Service; or "(4) the Senior Cryptologic Executive Service.". EARLY RETIREMENT

SEC. 808. Section 8336 of title 5, United States Code, is amended by inserting "(1)" after "(h)" and by adding at the end thereof the following new paragraph: "(2) A member of the Defense Intelligence Senior Executive Service or the Senior Cryptologic Executive Service who is removed from such service for less than Mly successful executive performance after completing 25 years of service or after becoming 50 years of age and completing 20 years of service is entitled to an annuity.". INCREASES IN EMPLOYEE BENEFITS AUTHORIZED BY LAW

SEC. 804. Appropriations authorized by this Act for salary, pay, retirement, and other benefits for Federal employees may be increased by such additional or supplemental amounts as may be necessary for increases in such benefits authorized by law.

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Page:United States Statutes at Large Volume 95.djvu/1188

 95 STAT. 1162

PUBLIC LAW 97-89—DEC. 4, 1981 RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES

SEC. 805. The authorization of appropriations by this Act shall not be deemed to constitute authority for the conduct of any intelligence activity which is not otherwise authorized by the Constitution or laws of the United States. EFFECTIVE DATE

10 USC 1601 "°*®-

SEC. 806. The amendments made by titles V, VI, and VII and by this title shall take effect as of October 1, 1981. Approved December 4, 1981.

LEGISLATIVE HISTORY—H.R. 3454 (S. 1127): HOUSE REPORTS: No. 97-101 Pt. 1 (Permanent Select Comm. on Intelligence), Pt. 2 (Comm. on Armed Services) and No. 97-332 (Comm. of Conference). SENATE REPORTS: No. 97-57 (Select Comm. on Intelligence) and No. 97-148 (Comms. on Armed Services, Governmental Affairs and the Judiciary) accompanying S. 1127. CONGRESSIONAL RECORD, Vol. 127 (1981): July 13, considered and passed House. July 16, considered and passed Senate, amended, in lieu of S. 1127. Nov. 18, House and Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 17, No. 49 (1981): Dec. 4, Presidential statement.

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Page:United States Statutes at Large Volume 95.djvu/1189

 PUBLIC LAW 97-90—DEC. 4, 1981

95 STAT. 1163

Public Law 97-90 97th Congress An Act To authorize appropriations for the Department of Energy for national security programs 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 this Act may be cited as the "Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1982". TITLE I—NATIONAL SECURITY PROGRAMS OPERATING EXPENSES

SEC. 101. Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 1982 for operating expenses incurred in carrying out national security programs (including scientific research and development in support of the armed services, strategic and critical materials necessary for the common defense, and military applications of nuclear energy and related management and support activities) as follows: (1) For the naval reactors development program, $279,500,000, including $9,500,000 for program management. (2) For weapons activities, $2,494,600,000, to be allocated as follows: (A) For research and development, $732,400,000, to be allocatejd as follows: (i) For the defense inertial confinement fusion program, $142,300,000, of which— (I) $75,500,000 shall be used for glass laser experiments; (II) $40,000,000 shall be used for gas laser experiments; (III) $18,000,000 shall be used for pulsed power experiments * (IV) $7,500,000 shall be used for supporting research and experiments, except that none of such funds may be used for the research, development, or demonstration of the use of heavy ion devices as drivers for defense inertial confinement fusion experiments and defense inertial confinement fusion systems; and (V) $1,300,000 shall be used for inertial confinement fusion program management. (ii) For all other research and development, $590,100,000. (B) For weapons testing, $369,000,000. (C) For production and surveillance, $1,351,800,000. (D) For weapons program management other than inertial confinement fusion, $41,400,000.

Dec. 4, 1981 [H.R. 3413] Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1982.

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 95 STAT. 1164

PUBLIC LAW 97-90—DEC. 4, 1981 (3) For verification and control technology, $50,400,000, including $1,800,000 for program management. (4) For defense nuclear materials production, $632,400,000, to be allocated as follows: (A) For production reactor operations, $280,630,000. (B) For processing of defense nuclear materials, $148,650,000. (C) For special isotope separation research, $30,000,000. (D) For supporting services, $171,320,000. (E) For program management, $1,800,000. (5) For defense nuclear materials b3^roducts management, $262,128,000, to be allocated as follows: (A) For interim waste management, $181,084,000. (B) For long-term waste management technology, $59,400,000. (C) For byproducts beneficial uses, $5,000,000. (D) For terminal waste storage, $5,000,000. (E) For decontamination and decomissioning, $4,000,000. ir -. (F) For transportation research and development, $6,067,000. r (G) For program management, $1,577,000. (6) For nuclear materials security and safeguards technology development program (defense programs), $41,800,000, including $3,985,000 for program management. (7) For security investigations, $23,600,000. PLANT AND CAPITAL EQUIPMENT

SEC. 102. Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 1982 for plant and capital equipment (including planning, construction, acquisition, and modification of facilities, land acquisition related thereto, and acquisition and fabrication of capital equipment not related to construction) necessary for national security programs, as follows: (1) For naval reactors development: Project 82-N-lOO, general plant projects, various locations, $4,000,000. Project 8 2 - N - l l l, naval fuels processing facility, Savannah River Plant, South Carolina, $15,000,000. (2) For weapons activities: Project 82-D-lOO, general plant projects, various locations (research and development), $15,800,000. Project 82-D-103, general plant projects, various locations (production and surveillance), $16,300,000. Project 82-D-104, new weapons production installations, various locations, $5,000,000. Project 82-D-106, weapon assembly facilities, Pantex Plant, Texas, $23,500,000. Project 82-D-107, utilities and equipment restoration, replacement and upgrade, Phase III, various locations, $87,500,000. Project 82-D-108, nuclear weapons stockpile improvements, various locations, $15,000,000. Project 82-D-109, 155-millimeter artillery-fired atomic projectile, various locations, $35,000,000. Project 82-D-llO, exhaust plenum modifications. Rocky Flats Plant, Colorado, $12,000,000.

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 PUBLIC LAW 97-90—DEC. 4, 1981

95 STAT. 1165

Project 82-D-lll, interactive graphics system, various locations, $9,000,000. Project 82-D-142, North Las Vegas ATLAS Facility, Nevada, $3,600,000. Project 82-D-144, simulation technology laboratory, Sandia National Laboratories, New Mexico, $1,200,000. Project 82-D-146, weapons production and support facilities, various locations, $8,000,000. Project 82-D-147, pressure test facility. Savannah River Plant, South Carolina, $3,500,000. Project 82-D-150, weapons material research and development facility, Lawrence Livermore National Laboratory, California, $2,500,000. Project 82-D-151, high explosives applications facility, Lawrence Livermore National Laboratory, California, $10,000,000. Project 82-D-152, new detonator facility, Los Alamos National Laboratory, New Mexico, $8,000,000. Project 82-D-153, tritium facility, Los Alamos National Laboratory, New Mexico, $5,000,000. Project 82-D-154, weapons laboratory building, Sandia National Laboratories, Livermore, California, $7,000,000. Project 81-D-106, weaponization facilities, Lawrence Livermore National Laboratory, California, $1,000,000, for a total project authorization of $7,600,000. Project 81-D-108, reactor support facilities, Sandia National Laboratories, New Mexico, $1,000,000, for a total project authorization of $10,000,000. Project 81-D-115, MX warhead production facilities, various locations, $30,000,000, for a total project authorization of $40,000,000. Project 81-D-116, utilities and equipment restoration, replacement, and upgrade, Phase II, various locations, $10,000,000, for a total project authorization of $85,000,000. Project 81-D-120, control of effluents and pollutants, Y-12 Plant, Tennessee, $3,400,000, for a total project authorization of $6,400,000. Project 81-D-133, earthquake damage restoration, Lawrence Livermore National Laboratory, California, $1,000,000, for a total project authorization of $4,000,000. Project 79-7-0, universal pilot plant, Pantex Plant, Texas, $5,200,000, for a total project authorization of $12,600,000. Project 78-16-a, cruise missile production facilities, various locations, $80,700,000, for a total project authorization of $98,800,000. Project 78-17-e, high explosives machining facility, Pantex Plant, Texas, $5,600,000, for a total project authorization of $10,600,000. Project 77-11-c, 8-inch artillery-fired atomic, projectile production facilities, various locations, $3,600,000, for a total project authorization of $30,800,000. (3) For defense nuclear materials production: Project 82-D-116, general plant projects, various locations, $23,000,000. Project 82-D-117, plant engineering and design, various locations, $3,000,000. Project 82-D-118, N-reactor plant security and surveillance, Richland, Washington, $4,000,000.

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Page:United States Statutes at Large Volume 95.djvu/1192

 95 STAT. 1166

PUBLIC LAW 97-90—DEC. 4, 1981 Project 82-D-124, restoration of production capabilities, Phase III, various locations, $126,000,000. Project 82-D-126, reactor safety and reliability, various locations, $42,900,000. Project 82-D-127, safeguards improvements. Savannah River Plant, South Carolina, $34,600,000. Project 82-D-128, plant perimeter security systems upgrade, Idaho Fuels Processing Facility, Idaho National Engineering Laboratory, Idaho, $4,400,000. Project 82-D-136, fuel processing facilities upgrade, Idaho Fuel Processing Facility, Idaho National Engineering Laboratory, Idaho, $40,000,000. Project 82-D-200, new production reactor, location unspecified, (A-E only) $10,000,000. Project 82-D-201, special plutonium recovery facility, JB line. Savannah River Plant, South Carolina, (A-E only) $2,000,000. Project 82-D-202, advanced isotope separation laboratory, Lawrence Livermore National Laboratory, California, $21,200,000. Project 81-D-126, pollution abatement facilities—chemical processing plants, Richland, Washington, $4,300,000, for a total project authorization of $5,300,000, Project 81-D-128, restoration of production capabilities, Phase I, various locations, $14,400,000, for a total project authorization of $49,400,000. Project 81-D-142, steam transfer header, Savannah River Plant, South Carolina, $1,000,000, for a total project authorization of $8,000,000. Project 81-D-143, L-reactor upgrade. Savannah River Plant, South Carolina, $66,000,000, for a total project authorization of $115,000,000. Project 80-AE-3, steam generation facilities, Idaho Fuels Processing Facility, Idaho, $5,000,000, for a total project authorization of $28,500,000. Project 77-13-a, fluorinel dissolution process and fuel receiving improvements, Idaho Fuels Processing Facility, Idaho National Engineering Laboratory, Idaho, $50,000,000, for a total project authorization of $199,400,000. (4) For defense nuclear materials byproducts management: Project 82-N-lOl, general plant projects, various locations, $11,400,000. Project 82-N-103, waste handling and isolation facilities, Richland, Washington, $34,450,000. Project 82-N-104, waste transfer facilities, Richland, Washington, $6,750,000. Project 82-N-107, rail replacement, Hanford Railroad, Richland, Washington, $12,000,000. Project 82-BU-l, byproducts beneficial uses demonstration plants, various locations, $5,000,000. Project 81-T-105, defense waste processing facility (DWPF), Savannah River Plant, South Carolina, $20,000,000. Project 77-13-f, waste isolation pilot plant. New Mexico, $38,600,000, for a total project authorization of $157,600,000. (5) For capital equipment not related to construction: (A) For naval reactors development, $28,000,000. (B) For defense inertial confinement fusion, $11,000,000. (C) For weapons activities, $185,500,000.

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Page:United States Statutes at Large Volume 95.djvu/1193

 PUBLIC LAW 97-90—DEC. 4, 1981

95 STAT. 1167

(D) For verification and control technology, $1,100,000. (E) For defense nuclear materials production, $73,600,000. (F) For defense nuclear materials byproducts management, $24,472,000. (G) For nuclear materials safeguards and security, $3,700,000. TITLE n—GENERAL PROVISIONS REPROGRAMING

SEC. 201. (a) Except as otherwise provided in this Act— (1) no amount appropriated pursuant to this Act may be used for any program in excess of 105 percent of the amount authorized for that program by this Act or $10,000,000 more than the amount authorized for that program by this Act, whichever is the lesser, and (2) no amount appropriated pursuant to this Act may be used for any program which has not been presented to, or requested of, the Congress, unless a period of thirty calendar days (not including any day on which either House of Congress is not in session because of adjournment of more than three calendar days to a day certain) has passed after receipt by the appropriate committees of Congress of notice from the Secretary of Energy (hereinafter in this title referred to as the "Secretary") containing a full and complete statement of the action proposed to be taken and the facts and circumstances relied upon in support of such proposed action, or unless each such committee before the expiration of such period has transmitted to the Secretary written notice to the effect that such committee has no objection to the proposed action. (b) In no event may the total amount of funds obligated pursuant to this Act exceed the total amount authorized to be appropriated by this Act. LIMITS ON GENERAL PLANT PROJECTS

SEC. 202. (a) The Secretary may carry out any construction project under the general plant projects provisions authorized by this Act if the total estimated cost of the construction project does not exceed $1,000,000. (b) If at any time during the construction of any general plant Report to project authorized by this Act, the estimated cost of the project is congressional revised because of unforeseen cost variations and the revised cost of ^°^^^ ®^ ^ the project exceeds $1,000,000, the Secretary shall immediately furnish a complete report to the appropriate committees of Congress explaining the reasons for the cost variation. (c) In no event may the total amount of funds obligated to carry out all general plant projects authorized by this Act exceed the total amount authorized to be appropriated for such projects by this Act. LIMITS ON CONSTRUCTION PROJECTS

SEC. 203. (a) Whenever the current estimated cost of a construction project which is authorized by section 102 of this Act, or which is in support of national security programs of the Department of Energy and was authorized by any previous Act, exceeds by more than 25 percent the higher of (1) the amount authorized for the project, or (2)

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Page:United States Statutes at Large Volume 95.djvu/1194

 95 STAT. 1168

PUBLIC LAW 97-90—DEC. 4, 1981

the amount of the total estimated cost for the project as shown in the most recent budget justification data submitted to the Congress, construction may not be started or additional obligations incurred in connection with the project above the total estimated cost, as the case may be, unless a period of thirty calendar days (not including any day on which either House of Congress is not in session because of adjournment of more than three days to a day certain) has passed after receipt by the appropriate committees of the Congress of written notice from the Secretary containing a full and complete statement of the action proposed to be taken and the facts and circumstances relied upon in support of the action, or unless each committee before the expiration of such period has notified the Secretary it has no objection to the proposed action. (b) Subsection (a) shall not apply to any construction project which has a current estimated cost of less than $5,000,000. FUND TRANSFER AUTHORITY

SEC. 204. To the extent specified in appropriation Acts, funds appropriated pursuant to this Act may be transferred to other agencies of the Government for the performance of the work for which the funds were appropriated, and funds so transferred may be merged with the appropriations of the agency to which the funds are transferred. AUTHORITY FOR CONSTRUCTION DESIGN

Notification to ^°Sffi°c^^ committees. '^""""' """

SEC. 205. (a)(1) Within the amounts authorized by this Act for plant engineering and design, the Secretary may carry out advance planning and construction designs (including architectural and engineering services) in connection with any proposed construction project if the total estimated cost for such planning and design does not exceed $2,000,000. (2) In any case in which the total estimated cost for such planning and design exceeds $300,000, the Secretary shall notify the appropriate committees of Congress in writing of the details of such project at least thirty days before any funds are obligated for design services for such project. (b) In any case in which the total estimated cost for advance planning and construction design in connection with any construction project exceeds $2,000,000, funds for such design must be specifically authorized by law. AUTHORITY FOR EMERGENCY CONSTRUCTION DESIGN

SEC. 206. In addition to the advance planning and construction design authorized by section 102, the Secretary may perform planning and design utilizing available funds for any Department of Energy defense activity construction project whenever the Secretary determines that the design must proceed expeditiously in order to meet the needs of national defense or to protect property or human life. FUNDS AVAILABLE FOR ALL NATIONAL SECURITY PROGRAMS OF THE DEPARTMENT OF ENERGY

SEC. 207. Subject to the provisions of appropriation Acts, amounts appropriated pursuant to this Act for management and support activities and for general plant projects are available for use, when

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necessary, in connection with all national security programs of the Department of Energy. ADJUSTMENTS FOR PAY INCREASES

SEC. 208. Appropriations authorized by this Act for salary, pay, retirement, or other benefits for Federal employees may be increased by such amounts as may be necessary for increases in such benefits authorized by law. AVAILABILITY OF FUNDS

SEC. 209. When so specified in an appropriation Act, amounts appropriated for "Operating Expenses" or for "Plant and Capital Equipment" may remain available until expended. SAFEGUARDING CERTAIN UNCLASSIFIED INFORMATION

SEC. 210. (a)(1) The Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) is amended by inserting after section 147 the following new section: "SEC. 148. PROHIBITION AGAINST THE DISSEMINATION OF CERTAIN UNCLASSIFIED INFORMATION.—

42 USC 2168.

"a. (1) In addition to any other authority or requirement regarding Regulations. protection from dissemination of information, and subject to section 552G)X3) of title 5, United States Code, the Secretary of Energy (hereinafter in this section referred to as the 'Secretary') shall prescribe such regulations, after notice and opportunity for public comment thereon, or issue such orders as may be necessary to prohibit the unauthorized dissemination of unclassified information pertaining to— "(A) the design of production facilities or utilization facilities; "(B) security measures (including security plans, procedures, and equipment) for the physical protection of (i) production or utilization facilities, (ii) nuclear material contained in such facilities, or (iii) nuclear material in transit; or "(C) the design, manufacture, or utilization of any atomic weapon or component if the design, manufacture, or utilization of such weapon or component was contained in any information declassified or removed from the Restricted Data category by the Secreta^ (or the head of the predecessor agency of the Department of Energy) pursuant to section 142. 42 USC 2162. "(2) The Secretary may prescribe regulations or issue orders under paragraph (1) to prohibit the dissemination of any information described in such paragraph only if and to the extent that the Secretary determines that the unauthorized dissemination of such information could reasonably be expected to have a significant adverse effect on the health and safety of the public or the common defense and security by significantly increasing the likelihood of (A) illegal production of nuclear weapons, or (B) theft, diversion, or sabotage of nuclear materials, equipment, or facilities. "(3) In making a determination under paragraph (2), the Secretary may consider what the likelihood of an illegal production, theft, diversion, or sabotage referred to in such paragraph would be if the information proposed to be prohibited from dissemination under this section were at no time available for dissemination. "(4) The Secretary shall exercise his authority under this subsection to prohibit the dissemination of any information described in subsection a. (1)—

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Penalties.

42 USC 2282.

42 USC 2273. 42 USC 2201.

PUBLIC LAW 97-90—DEC. 4, 1981

"(A) so as to apply the minimum restrictions needed to protect the health and safety of the public or the common defense and security; and "(B) upon a determination that the unauthorized dissemination of such information could reasonably be expected to result in a significant adverse effect on the health and safety of the public or the common defense and security by significantly increasing the likelihood of (i) illegal production of nuclear weapons, or (ii) theft, diversion, or sabotage of nuclear materials, equipment, or facilities. "(5) Nothing in this section shall be construed to authorize the Secretary to authorize the withholding of information from the appropriate committees of the Congress. b. (1) Any person who violates any regulation or order of the Secretary issued under this section with respect to the unauthorized dissemination of information shall be subject to a civil penalty, to be imposed by the Secretary, of not to exceed $100,000 for each such violation. The Secretary may compromise, mitigate, or remit any penalty imposed under this subsection. <«(2) The provisions of subsections b. and c. of section 234 of this Act shall be applicable with respect to the imposition of civil penalties by the Secretary under this section in the same manner that such provisions are applicable to the imposition of civil penalties by the Commission under subsection a. of such section. "c. For the purposes of section 223 of this Act, any regulation prescribed or order issued by the Secretary under this section shall also be deemed to be prescribed or issued under section 161 b, of this Act.". (2) The table of contents at the beginning of such Act is amended by inserting after the item relating to section 147 the following new item: "Sec. 148. Prohibition Against the Disclosure of Certain Unclassified Information.",

(b) Section 181 of such Act (42 U.S.C. 2231) is amended— (1) by striking out "or" before "safeguards information protected"; (2) by inserting "or information protected from dissemination under the authority of section 148" after "section 147"; and (3) by striking out ", defense information, or such safeguards information," each place it appears and inserting in lieu thereof ", defense information, such safeguards information, or information protected from dissemination under the authority of section 148". ARREST AUTHORITY FOR PERSONS AUTHORIZED TO CARRY FIREARMS UNDER THE ATOMIC ENERGY ACT OF 1954

SEC. 211. Section 161 k. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(k)) is amended by striking out the semicolon and inserting in lieu thereof a period and the following: "A person authorized to carry firearms under this subsection may, while in the performance of, and in connection with, official duties, make arrests without warrant for any offense against the United States committed in that person's presence or for any felony cognizable under the laws of the United States if that person has reasonable grounds to believe that the

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individual to be arrested has committed or is committing such felony. A person granted authority to make arrests by this subsection may exercise that authority only in the enforcement of (1) laws regarding the property of the United States in the custody of the Department of Energy, the Nuclear Regulatory Commission, or a contractor of the Department of Energy or Nuclear Regulatory Commission, or (2) any provision of this Act that may subject an offender to a fine, imprisonment, or both. The arrest authority conferred by this subsection is in addition to any arrest authority under other laws;". ENVIRONMENTAL STUDIES AND THE NUCLEAR WEAPONS COMPLEX

SEC. 212. (a) None of the funds appropriated pursuant to an authorization of appropriations contained in this Act may be obligated or expended for the purpose of preparing any environmental impact statement not already in the process of preparation with respect to the operation of any defense facility of the Department of Energy unless the preparation of such statement is required by statute. (b)(1) The Secretary may not proceed with the preparation of an environmental impact statement relating to the construction or operation of a defense facility of the Department of Energy if the estimated cost of preparing such statement exceeds $250,000 unless— (A) the Secretary has notified the Committees on Armed Services of the Senate and the House of Representatives of his intent to prepare such statement and a period of thirty days has expired after the date on which such notice was received by such committees; or (B) the Secretary has received from each such committee, before the expiration of such thirty-day period, a written notice that the committee agrees with the decision of the Secretary regarding the preparation of such statement. (2) The provisions of paragraph (1) shall not apply in the case of any environmental impact statement on which the Secretary began preparation before the date of the enactment of this Act.

Notification to congressional committees.

PLAN FOR THE PERMANENT DISPOSAL OP WASTE FROM ATOMIC ENERGY DEFENSE ACTIVITIES

SEC. 213. (a) The President shall submit to the Committees on Armed Services of the Senate and of the House of Representatives not later than June 30, 1983, a report which sets forth his plans for the permanent disposal of high-level and transuranic wastes resulting from atomic energy defense activities. fl)) Such report shall include, but not be limited to, for each State in which such wastes are stored in interim storage facilities on the date of enactment of this Act— (1) specific estimates of amounts planned for expenditure in each of the next five fiscal years to achieve the permanent disposal of such wastes and general estimates of amounts planned for expenditure infiscalyears thereafter to achieve such purpose; and

Report to congressional committees. 42 USC 2021a note.

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PUBLIC LAW 97-90—DEC. 4, 1981 (2) a thorough and detailed program management plan for the disposal of such wastes, including but not limited to— (A) an explicit schedule for decisions regarding the further processing and permanent disposal of such wastes; (B) a general description of new facilities likely to be required to achieve such permanent disposal; and (C) identification of all major program objectives, milestones, key events, and critical path items. Approved December 4, 1981.

LEGISLATIVE HISTORY—H.R. 3413 (S. 1549): HOUSE REPORTS: No. 97-45 (Comm. on Armed Services) and No. 97-342 (Comm. of Conference). SENATE REPORT No. 97-173 accompanying S. 1549 (Comm. on Armed Services). CONGRESSIONAL RECORD, Vol. 127 (1981): June 11, considered and passed House. Nov. 3, considered and passed Senate, amended, in lieu of S. 1549. Nov. 19, House and Senate agreed to conference report.

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Public Law 97-91 97th Congress An Act Making appropriations for the government of the District of Columbia and other activities chargeable in whole or in part against the revenues of said District for the fiscal year ending September 80, 1982, and for other purposes.

Dec. 4, 1981 [H.R. 4522]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following District of sums are appropriated, out of any money in the Treasury not ADDroDrfation otherwise appropriated, for the District of Columbia for the fiscal Act, 1982. year ending September 30, 1982, and for other purposes, namely: FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

For payment to the District of Columbia for the fiscal year ending September 30, 1982, $336,600,000, as authorized by the District of Columbia Self-Government and Governmental Reorganization Act, Public Law 93-198, as amended (D.C. Code 47-2501d); and $13,500,000 in lieu of reimbursements for charges for water and water services and sanitary sewer services furnished to facilities of the United States Government as authorized by the Act of May 18, 1954, as amended (D.C. Code 43-1541 and 1611). For the Federal contribution to the Police Officers and Fire Fighters', Teachers' and Judges' Retirement Funds as authorized by the District of Columbia Retirement Reform Act, Public Law 96-122, approved November 17, 1979 (93 Stat. 866), $52,070,000. LOANS TO THE DISTRICT OF COLUMBIA FOR CAPITAL OUTLAY

For loans to the District of Columbia, as authorized by the District of Columbia Self-Government and Governmental Reorganization Act, Public Law 93-198, as amended, $155,000,000, which together p c. Code 1-121 with balances of previous appropriations for this purpose, shall note. remain available until expended and be advanced upon request of the Mayor: Provided, That during fiscal year 1982 and within the resources and authority available, gross obligations for the principal amount of direct loans shall not exceed $145,000,000. DIVISION OF EXPENSES

The following amounts are appropriated for the District of Columbia for the current fiscal year out of the general fund of the District of Columbia, except as otherwise specifically provided: GOVERNMENTAL DIRECTION AND SUPPORT

Governmental direction and support, $85,234,300: Provided, That not to exceed $2,500 for the Mayor, $2,500 for the Chairman of the Council of the District of Columbia, and $2,500 for the City Administrator shall be available from this appropriation for expenditures for officisd purposes: Provided further, That not to exceed $7,500 of this

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 95 STAT. 1174

Report to Congress.

PUBLIC LAW 97-91—DEC. 4, 1981

appropriation shall be available for test borings and soil investigations: Provided further. That $3,366,300 of this appropriation shall be available solely for the settlement of claims and suits as provided for by an Act authorizing the Commissioners of the District of Columbia to settle claims and suits against the District of Columbia, approved February 11, 1929 (45 Stat. 1160; D.C. Code 1-902): Provided further, That none of the funds appropriated for the Office of Financial Management shall be apportioned and payable for debt service for short-term borrowing on the bond market: Provided further. That any program fees collected from the issuance of debt shall be available for the payment of expenses of the debt management program of the District of Columbia: Provided further. That notwithstanding any other provision of law, there is hereby appropriated $1,348,300 to pay legal, management, investment and other fees and expenses of the District of Columbia Retirement Board of which $312,700 shall be derived from the general fund and not to exceed $1,035,600 shall be derived from the earnings of the applicable retirement funds: Provided further, That the District of Columbia Retirement Board shall provide to the Congress a quarterly report of the allocations of charges by fund and of expenditures of all funds: Provided further. That the District of Columbia Retirement Board shall provide the Mayor for transmittal to the Council of the District of Columbia an item accounting of the planned use of appropriated funds in time for each annual budget submission and the actual use of such funds in time for each annual audited financial report. ECONOMIC DEVELOPMENT AND REGULATION

Economic development and regulation, $29,096,100: Provided, That the District of Columbia Housing Finance Agency, based upon its capability of repayment as determined each year by the Council of the District of Columbia from the Agency's annual audited financial statements to the Council of the District of Columbia, shall repay $2,000,000 to the Department of Housing and Community Development at an interest rate of 4 percent per annum for a term of fifteen years, with a deferral of payments for the first three years: Provided further, That notwithstanding the foregoing provision, the obligation to repay all or a part of the $2,000,000 shall be subject to the rights of the holders of any bonds or notes issued by the Agency and shall be repaid to the District only from available operating revenues of the Agency which are in excess of the amounts required for debt service, reserve funds, and operating expenses: Provided further, That the annual debt service of not to exceed $178,000 shall be designated by the Council of the District of Columbia prior to the commencement of annual payments: Provided further. That the District of Columbia will establish a special fund to assure that any moneys available to the Lottery and Charitable Games Control Board shall be derived from non-Federal District of Columbia revenues. LOTTERY AND CHARITABLE GAMES ENTERPRISE FUND

For establishment of the Lottery and Charitable Games Enterprise Fund for the purpose of implementing D.C. Law 3-172 and for the budgeting and accounting of all revenues and expenses of the Lottery and Charitable Games Control Board, $628,000, to be derived from non-Federal District of Columbia revenues: Provided, That the District of Columbia will identify the source of funding for this appropriation from its own locally generated revenues when the Enterprise

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95 STAT. 1175

Fund is established and that no revenues from Federal sources shall be used to support the operations of the Lottery and Charitable Games Control Board: Provided further, That the level of administrative expenses to be incurred by the Board shall be appropriated in the l3istrict's general fund budget as a transfer from locally generated revenues; administrative expenses being defined as all anticipated expenses of the Board for the coming fiscal year excluding moneys necessary for the payments of prizes to the winners of the games specified in D.C. Law 3-172: Provided further, That the Board shall have the authority to expend, from revenues generated by its operations, funds necessary for the payments of prizes: Provided further. That the annual expenses for prizes and administration of the Board shall not exceed resources available to the Board from appropriated authority or revenues generated by the operations of the Board: Provided further. That all revenues received by the Board in excess of the funds used by the Board for prize money in a given month shall be transferred to the general fund from the Lottery and Charitable Games Enterprise Fund through a general operating transfer, promptly after the first of the month for the preceding month: Provided further. That the Board may establish a reserve not to exceed 2 percent of projected annual prize payments to provide for prizes awarded in any month which may exceed the revenue generated during that month: Provided further. That the Mayor may approve a change in the reserve limit, as necessary, upon the request of the Board: Provided further. That the financial operations of the Board with respect to the amount appropriated for administrative expenses shall be in accordance with all laws, regulations, and policies of the District of Columbia government regarding appropriated funds: Provided further. That for the fiscal year ending September 30, 1982, and for each fiscal year thereafter, the District of Columbia Auditor shall conduct a comprehensive audit on the financial status of the Fund, including but not limited to all appropriations, revenues, and transfers to the Fund, and provide such report to the Mayor, Chairman of the District of Columbia Council, and to the Subcommittees on District of Columbia Appropriations of the House of Representatives and the Senate: Provided further. That in addition to current restrictions, advertising on public transportation and at stations and stops is prohibited: Provided further. That the advertising, sale, operation, or playing of the lotteries, raffles, bingos, or other games authorized by D.C. Law 3-172 is prohibited on the Federal enclave, and in adjacent public buildings and land controlled by the Shipstead-Luce Act as amended by 53 Stat. 1144, as well as in the Old Georgetown Historic District: Provided further. That the Board shall make an annual report to the Subcommittees on District of Columbia Appropriations of the House of Representatives and the Senate at the end of each year detailing the receipts and disbursements of the Board and summarizing measures of regulation and enforcement enacted as well as other information and recommendations deemed of value or which may be requested. PUBLIC SAFETY AND JUSTICE

Public safety and justice, including purchase of one hundred and thirty-five passenger motor vehicles for replacement only (including one hundred and thirty for police-type use and five for fire-type use without regard to the general purchase price limitation for the current fiscal year), $366,396,200, of which $5,539,000 shall be payable from the revenue sharing trust fund: Provided, That the Police

89-194 O—82

76:QL3

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PUBLIC LAW 97-91—DEC. 4, 1981

Department is authorized to replace not to exceed twenty-five passenger carrying vehicles, and the Fire Department is authorized to replace not to exceedfivesuch vehicles annually whenever the cost of repair to any damaged vehicle exceeds three-fourths of the cost of the replacement: Provided further. That funds appropriated for expenses under the District of Columbia Criminal Justice Act, Public Law 93-412, approved September 3, 1974 (D.C. Code 11-2601 et seq.) for fiscal year 1982 shall be available for obligations incurred under that Act in each fiscal year since inception in fiscal year 1975: Provided further. That not to exceed $200,000 shall be available from this appropriation for the Chief of Police for the prevention and detection of crime: Provided further. That $50,000 of any appropriations available to the District of Columbia may be used to match financial contributions from the Department of Defense to the District of Columbia Office of Emergency Preparedness for the purchase of civil defense equipment and supplies approved by the Department of Defense, when authorized by the Mayor: Provided further. That not to exceed $2,500 for the Joint Committee on Judicial Administration shall be available from this appropriation for official purposes. PuBuc EDUCATION SYSTEM Public education system, including the development of national defense education programs, $377,921,300, of which $6,000,000 shall be payable from the revenue sharing trust fund, to be allocated as follows: $253,794,400 for the District of Columbia Public Schools; $60,220,900 for the District of Columbia Teachers' Retirement Fund; $48,937,100 for the University of the District of Columbia; $9,979,300 for the Public Library; $784,100 for the Commission on the Arts and Humanities; $90,500 for the Educational Institution Licensure Commission; and $4,115,000 for the School Transit Subsidy: Provided, That the District of Columbia Public Schools are authorized to accept not to exceed thirty-one motor vehicles for exclusive use in the driver education program: Provided further. That not to exceed $1,000 for the Superintendent of Schools and $2,500 for the President of the University of the District of Columbia shall be available from this appropriation for expenditures for official purposes: Provided further, That this appropriation shall not be available to subsidize the education of nonresidents of the District of Columbia at the University of the District of Columbia, unless the Board of Trustees of the University of the District of Columbia adopts for fiscal year 1982 a tuition rate schedule which will establish the tuition rate for nonresident students at a level no lower than the nonresident tuition rate charged at comparable public institutions of higher education in the metropolitan area: Provided further. That the $60,220,900 of this appropriation allocated for the District of Columbia Teachers' Retirement Fund shall be transferred to the Teachers' Retirement Fund, in accordance with the provisions of section 142(c)(2) of the District of Columbia Retirement Reform Act, approved November 17, 1979 (93 Stat. 880; D.C. Code l-1822(c)(2)): Provided further. That not less than $7,257,800 of this appropriation shall be used exclusively for maintenance of the public schools. HUMAN SUPPORT SERVICES

Human support services, including care and treatment of indigent patients in institutions under contracts to be made by the Director of the Department of Human Services, $397,313,100, of which $5,200,000

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shall be payable from the revenue sharing trust fund: Provided, That the inpatient rate under such contracts shall not exceed $76 per diem and the outpatient rate shall not exceed $12 per visit except for services provided to patients who are eligible for such services under the District of Ciolumbia plan for medical assistance under title XIX of the Social Security Act, approved July 30, 1965 (79 Stat. 343; 42 U.S.C. 1396 et seq.) and the inpatient rate (excluding the proportionate share for repairs and construction) for services rendered by Saint Elizabeths Hospital for patient care shall be at the per diem rate established pursuant to section 2 of An Act to authorize certain expenditures from the appropriation of Saint Elizabeths Hospital, and for other purposes, approved August 4, 1947 (61 Stat. 751; 24 U.S.C. 168a): Provided further, That total reimbursements in operating funds to Saint Elizabeths Hospital, including funds from title XIX of the Social Security Act, approved July 30, 1965 (79 Stat. 343; 42 U.S.C. 1396 et seq.) shall not exceed $22,948,700: Provided further. That $11,374,600 of this appropriation, to remain available until expended, shall be available solely for District of Columbia employees' disability compensation: Provided further. That none of the funds appropriated for the summer youth jobs program shall be obligated until the Subcommittees on District of Columbia Appropriations of the House of Representatives and the Senate have approved a plan submitted by the Mayor and the Council of the District of Columbia detailing proposed expenditures. TRANSPORTATION SERVICES AND ASSISTANCE

Transportation services and assistance, including rental of one passenger-carrying vehicle for use by the Mayor and three passengercarrying vehicles for use by the Council of the District of Columbia and purchase of passenger-carrying vehicles for replacement only, $123,681,600, of which $2,500,000 shall be payable from the revenue sharing trust fund: Provided, That this appropriation shall not be available for the purchase of driver-training vehicles. ENVIRONMENTAL SERVICES AND SUPPLY

Environmental services and supply, $31,287,300: Provided, That this appropriation shall not be available for collecting ashes or miscellaneous refuse from hotels and places of business or from apartment houses with four or more apartments, or from any building or connected group of buildings operating as a rooming or boarding house as defined in the housing regulations of the District of Columbia: Provided further. That $550,000 of this appropriation shall be transferred to the Water and Sewer Enterprise Fund as a miscellaneous revenue. PERSONAL SERVICES

For pay increases and related costs, to be transferred by the Mayor of the District of Columbia to the appropriations for Hscal year 1982 from which employees are properly payable, $36,279,100. REPAYMENT OF LOANS AND INTEREST

For reimbursement to the United States of funds loaned in compliance with An Act to provide for the establishment of a modern, adequate, and efficient hospital center in the District of Columbia, approved August 7, 1946 (60 Stat. 896); section 743(f) of the District of

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PUBLIC LAW 97-91—DEC. 4, 1981

Columbia Self-Government and Governmental Reorganization Act, approved October 13, 1977 (91 Stat. 1156; D.C. Code 9-220, note); the Departments of Labor, and Health, Education and Welfare Appropriation Act, 1955, approved July 2, 1954 (68 Stat. 443); section 1 of An Act to authorize the Commissioners of the District of Columbia to borrow funds for capital improvement programs and to amend provisions of law relating to Federal Government participation in meeting costs of maintaining the Nation's Capital City, approved June 6, 1958 (72 Stat. 183; D.C. Code 9-220); section 4 of An Act to authorize the Commissioners of the District of Columbia to plan, construct, operate, and maintain a sanitary sewer to connect the Dulles International Airport with the District of Columbia system, approved June 12, 1960 (74 Stat. 211; D.C. Code 43-163); and section 723 of the District of Columbia Self-Government and Governmental Reorganization Act, approved December 24, 1973 (87 Stat. 821; D.C. C;!ode 47-241, note), including interest as required thereby, $126,060,600. REPAYMENT OF GENERAL FUND DEFICIT

For the purpose of eliminating the general fund accumulated deficit, $10,000,000. CONTINGENT SERVICES FUND

For establishment of the contingent services fund, $2,400,000: Provided, That these funds shall be made available to the Board of Education in whole or in part pursuant to an agreement duly executed by the Mayor and the Board of Education for the use of school space in lieu of rental space for the Department of Human Services: Provided further, That upon the execution of the agreement a reprogramming request detailing the disposition of applicable funds for the Board of Education or for the Department of Human Services for space rental will be forwarded by the Mayor to the Council of the District of Columbia in accordance with the Reprogramming Policy Act of 1980, effective September 16, 1980 (D.C. Law 3-100). CAPITAL OUTLAY

DC. Code 40-804.

For construction projects as authorized by An Act Authorizing the laying of water mains and service sewers in the District of Columbia, the levying of assessments therefor, and for other purposes, approved April 22, 1904 (33 Stat. 244; D.C. Code 43-1510 et seq.); the District of Columbia Public Works Act of 1954, approved May 18, 1954 (68 Stat. 101; D.C. Code 43-1521a-1521d); An Act to authorize the Commissioners of the District of Columbia to borrow funds for capital improvement programs and to amend provisions of law relating to Federal Government participation in meeting costs of maintaining the Nation's Capital City, approved June 6, 1958 (72 Stat. 183; D.C. Code 9-220); An Act to amend the District of Columbia Motor Vehicle Parking Facility Act of 1942, as amended, approved August 20, 1958 (72 Stat. 686); and the National Capital Transportation Act of 1969^ approved December 9, 1969 (83 Stat. 321; D.C. Code 1-1443 and 9-220(b)(3)); including acquisition of sites; preparation of plans and specifications; conducting preliminary surveys; erection of structures, including building improvement and alteration and treatment of grounds; to remain available until expended, $211,521,100: Prvvi(kd. That $3,019,700 shall be available for project management and

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95 STAT. 1179

$4,172,100 for design by the Director of the Department of General Services or by contract for architectural engineering services, as may be determined by the Mayor, and that the funds for use of each capital project implementing agency shall be managed and controlled in accordance with all procedures and limitations established under the Financial Management System: Provided further. That all such funds shall be available only for the specific projects and purposes intended: Provided further. That notwithstanding the foregoing, all authorizations for capital outlay projects, except those projects covered by the first sentence of section 23(a) of the Federal-Aid Highway Act of 1968, Public Law 90-495, approved August 23, 1968 (82 Stat. 827, D.C. Code 7-135, note), for which funds are provided by this paragraph, shall expire on September 30, 1983, except authorizations for projects as to which funds have been obligated in whole or in part prior to such date. Upon expiration of any such project authorization the funds provided herein for such project shall lapse: Provided further, That the Mayor of the District of Columbia shall not request the advance of any moneys for new general fund capital improvement projects without the approval by resolution of the Council of the District of Columbia. WATER AND SEWER ENTERPRISE FUND

For the Water and Sewer Enterprise Fund, $106,208,200: Provided, That $24,552,000 of the funds appropriated to the Water and Sewer Enterprise Fund shall be apportioned and payable to the debt service fund for repayment of loans and interest incurred for capital improvement projects. WASHINGTON CONVENTION CENTER ENTERPRISE FUND

For the Washington Convention Center Enterprise Fund, $1,231,300: Provided, That the Convention Center Board, established by section 3 of the Washington Convention Center Management Act of 1979, effective November 3, 1979 (D.C. Law 3-36; D.C. Code 9-602) shall reimburse the Auditor of the District of Columbia for all reasonable costs for performance of the annual convention center audit. GENERAL PROVISIONS SEC. 101. The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. SEC. 102. Except as otherwise provided in this Act, all vouchers covering expenditures of appropriations contained in this Act shall be audited before pa3niient by the designated certifying official and the vouchers as approved shall be paid by checks issued by the designated disbursing official. SEC. 103. Whenever in this Act an amount is specified within an appropriation for particular purposes or objects of expenditure, such amount, unless otherwise specified, shall be considered as the maximum amount which may be expended for said purpose or object rather than an amount set apart exclusively therefor, except for those funds and programs for the Metropolitan Police Department under the heading "Public Safety and Justice" which shall be

Consulting services.

Vouchers.

Maximum allowances.

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Automobile and motorcycle allowances.

Travel expenses and organization dues.

Taxicab regulation.

Judgment payments.

Fiscal year limitation. Overtime and temporary positions. Travel expenditure limitation. Employment limitation.

PUBLIC LAW 97-91—DEC. 4, 1981

considered as the amount set apart exclusively for expenditure by that Department. SEC. 104. Appropriations in this Act shall be available, when authorized by the Mayor, for allowances for privately owned automobiles and motorcycles used for the performance of official duties at rates established by the Mayor: Provided, That such rates shall not exceed the maximum prevailing rates for such vehicles as prescribed from time to time in the FederalTravel Regulations. SEC. 105. Appropriations in this Act shall be available for expenses of travel and for the payment of dues of organizations concerned with the work of the District of Columbia government, when authorized by the Mayor: Provided, That the Council of the District of Columbia may expend such funds without authorization by the Mayor. SEC. 106. Appropriations in this Act shall not be used for or in connection with the preparation, issuance, publication, or enforcement of any regulation or order of the Public Service Commission requiring the installation of meters in taxicabs, or for or in connection with the licensing of any vehicle to be operated as a taxicab except for operation in accordance with such system of uniform zones and rates and regulations applicable thereto as shall have been prescribed by the Public Service Commission. SEC. 107. There are appropriated from the applicable funds of the District of Columbia such sums as may be necessary for making refunds and for the payment of judgments which have been entered against the District of Columbia government: Provided, That nothing contained in this section shall be construed as modifying or affecting the provisions of paragraph 3, subsection (c) of section 11 of title XII of the District of Columbia Income and Franchise Tax Act of 1947, approved July 16, 1947 (61 Stat. 355; D.C. Code 47-1586(j)). SEC. 108. Appropriations in this Act shall be available for the payment of public assistance without reference to the requirement of section 5(b) of the District of Columbia Public Assistance Act of 1962, approved October 15, 1962 (76 Stat. 915; D.C. Code 3-204) and for the non-Federal share of funds necessary to qualify for Federal assistance under the Juvenile Delinquency Prevention and Control Act of 1968, Public Law 90-445, approved July 31, 1968 (82 Stat. 462; 42 U.S.C. 3801). SEC. 109. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. SEC. 110. Not to exceed AV2 per centum of the total of all funds appropriated by this Act for personal compensation may be used to pay the cost of overtime or temporary positions. SEC. 111. The total expenditure of funds appropriated by this Act for authorized travel and per diem costs outside the District of Columbia, Maryland, and Virginia shall not exceed $225,000. SEC. 112. Appropriations in this Act shall not be avsdlable, during the fiscal year ending September 30, 1982, for the compensation of any person appointed— (1) as a full-time employee to a permanent, authorized position in the District of Columbia government during any month when the number of such employees is greater than 32,950, which includes 31,991 for the general fund and 959 for the water and sewer fund: Provided, That— (A) positions within this city employment limitation shall be set aside as the maximum number of permanent, authorized employees for the general fund as follows: Appropriated positions, 28,857, of which 8,869 shall be for Public Schools;

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Page:United States Statutes at Large Volume 95.djvu/1207

 PUBLIC LAW 97-91—DEC. 4, 1981

95 STAT. 1181

intra-District positions, 1,079; District of Columbia General Hospital positions, 2,055; and (B) the District of Columbia Public Schools and the District of Columbia General Hospital shall not exceed their respective employment limitations and are required to report monthly to the Mayor, for the purpose of maintaining controls on city-wide employment, regarding the total number of current employees and the total number of separations and filling of positions within their respective employment limitations; or (2) as a temporary or part-time employee in the government of the District of Columbia during any month in which the number of such employees exceeds the number of such employees for the same month of the preceding fiscal year. SEC. 113. No funds appropriated in this Act for the government of the District of Columbia for the operation of educational institutions, the compensation of personnel, or for other educational purposes may be used to permit, encourage, facilitate, or further partisan political activities. Nothing herein is intended to prohibit the availability of school buildings for the use of any community or partisan political group during non-school hours. SEC. 114. The annual budget for the District of Columbia government for fiscal year 1983 shall be transmitted to the Congress by not later than April 15, 1982. None of the funds appropriated in this Act shall be made available to pay the salary of any employee of the government of the District of Columbia whose name, title, grade, salary, past work experience, and salary history are not available for inspection by the House and Senate Committees on Appropriations or their duly authorized representatives. SEC. 115. There are appropriated from the applicable funds of the District of Columbia such sums as may be necessary for making payments authorized by the District of Columbia Revenue Recovery Act of 1977, effective September 23, 1977 (D.C. Law 2-20; D.C. Code 47-331 et seq.). SEC. 116. None of the funds contained in this Act shall be made available to pay the salary of any employee of the government of the District of Columbia whose name and salary are not available for public inspection. SEC. 117. No part of this appropriation shall be used for publicity or propaganda purposes or implementation of any policy including boycott designed to support or defeat legislation pending before Congress or any State legislature. SEC. 118. None of the Federal funds provided in this Act shall be used to perform abortions except where the life of the mother would be endangered if the fetus were carried to term; or except for such medical procedures necessary for the victims of rape or incest, when such rape or incest has been reported promptly to a law enforcement agency or public health service. Nor are payments prohibited for drugs or devices to prevent implantation of the fertilized ovum, or for medical procedures necessary for the termination of an ectopic pregnancy. SEC. 119. At the start of the fiscal year, the Mayor shall develop an annual plan, by quarter and by project, for borrowing from the United States Treasury: Provided, That within a reasonable time after the close of each quarter, the Mayor shall report to the Council of the District of Columbia and the Congress the actual borrowing and spending progress compared with projections.

Partisan political activities.

D.C. annual budget, transmittal to Congress.

Partisan publicity or propaganda. Abortion funding.

Report to Council of District of Columbia and Congress.

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Page:United States Statutes at Large Volume 95.djvu/1208

 95 STAT. 1182 Capital project funds.

Police and firefighters, hiring. Municipal waste disposal.

Passenger automobile procurement.

Short title.

PUBLIC LAW 97-91—DEC. 4, 1981

SEC. 120. The Mayor shall not borrow any funds for capital projects from the United States Treasury unless he has obtained prior approval from the Council of the EHstrict of Columbia, by resolution, identifying the projects and amounts to be financed with such borrowings. SEC. 121. The Mayor shall not expend any moneys borrowed for capital projects for the operating expenses of the District of Columbia government. SEC. 122. None of the funds appropriated in this Act may be used for the implementation of a personnel lottery with respect to the hiring of firefighters or police officers. SEC. 123. None of the funds appropriated by this Act may be used to transport any output of the municipal waste system of the District of Columbia for disposal at any public or private landfill located in any State, excepting currently utilized landfills in Maryland and Virginia, until the appropriate State agency has issued the required permits. SEC. 124. None of the Federal funds provided under this Act shall be obligated or expended to provide a personal cook, chauffeur, or other personal servants to any officer or employee of the District of Columbia. SEC. 125. None of the Federal funds provided in this Act shall be obhgated 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. This section shall not apply to security, emergency rescue, or armored vehicles. This Act may be cited as the "District of Columbia Appropriation Act, 1982". Approved December 4, 1981.

LEGISLATIVE HISTORY—H.R. 4522: HOUSE REPORTS: No. 97-235 (Comm. on Appropriations) and No. 97-327 (Comm. of Conference). SENATE REPORT No. 97-254 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 127 (1981): Sept. 22, considered and passed House. Oct. 30, considered and passed Senate, amended. Nov. 18, House agreed to conference report; concurred in certain Senate amendments. Nov. 19, Senate agreed to conference report; resolved amendments in disagreement.

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Page:United States Statutes at Large Volume 95.djvu/1209

 PUBLIC LAW 97-92—DEC. 15, 1981

95 STAT. 1183

Public Law 97-92 97th Congress Joint Resolution Making further continuing appropriations for the fiscal year 1982, and for other purposes.

Dec. 15, 1981 [H.J. Res. 370]

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are Further appropriated, out of any money in the Treasury not otherwise continuing appropriated, and out of applicable corporate or other revenues, appropriations for fiscal receipts, and funds, for the several departments, agencies, corpora- year 1982. tions, and other organizational units of the Government for the fiscal year 1982, and for other purposes, namely: SEC. 101. (a)(1) Such amounts as may be necessary for projects or activities (not otherwise specifically provided for in this joint resolution) for which appropriations, funds, or other authority would be available in the following appropriations Acts: Department of Defense Appropriation Act, 1982; Military Construction Appropriation Act, 1982; Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriation Act, 1982; and Treasury, Postal Service and General Government Appropriation Act, 1982. (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 December 15, 1981, is different from that which would be available or granted under such Act as passed by the Senate as of December 15, 1981, 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 December 15, 1981, 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 1981: Provided further. That for the purposes of this joint resolution, when an Act listed in this subsection has been reported to a House but not passed by that House as of December 15, 1981, it shall be deemed as having been passed by that House: Provided further. That, in addition to the sums otherwise made available by this paragraph the following additional sums are hereby appropriated: for low income home energy assistance program, $175,000,000; for the foster care program authorized by title IV of the Social Security Act, 42 USC 601. $75,000,000: Provided further, That the provisions contained in the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriation Act for fiscal year 1982 (H.R. 4560), as reported by the Senate Committee on Appropriations on

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Page:United States Statutes at Large Volume 95.djvu/1210

 95 STAT. 1184

PUBLIC LAW 97-92—DEC. 15, 1981

November 9, 1981, related to a limitation on entitlement to payments 42 USC 601, 670. under parts A and E of title IV of the Social Security Act and transfer 42 USC 620, 670. of funds Under parts B and E of such title (contained in H.R. 4560 as so reported beginning with "provided" on page 39, line 17, and ending on page 40, line 8) shall not be applicable with respect to any sums appropriated pursuant to this joint resolution; for the family medicine residency training programs authorized by section 786 of the 42 USC 295g-6. Public Health Service Act, $10,000,000; for the Community Services Block Grant, $62,552,000; and for the State Block Grant authorized by chapter 2 of the Education Consolidation and Improvement Act of Ante, p. 469. 1981, $140,000,000; and for the Office of Smoking and Health, as 42 USC 241. authorized by section 301 of the Public Health Service Act, $1,500,000: Provided further. That the college housing loan program shall operate under the terms and conditions as contained in H.R. 4560 as passed the House October 6, 1981, except that the gross commitments for the principal amount of direct loans shall not exceed $75,000,000: Provided further, That notwithstanding the rate otherwise established by this subsection, and notwithstanding section Post, p. 1203. 143 of this joint resolution, for the Department of Labor Grants to States for Unemployment Insurance and Employment Services account, $19,272,000 in new budget authority is appropriated, and no more than $1,913,384,000 may be expended from the Employment Security Administration account in the Unemployment Trust Fund: Provided further. That no funds provided by this joint resolution shall be used for administrative or other expenses in connection with the closure of any State unemployment office, except in such cases as may be determined by the respective State agency to render its services more efficient: Provided further. That notwithstanding the rate otherwise established by this subsection, for carrying out, except as otherwise provided, titles XI, XVIII, and XIX of the Social Security 42 USC 1301, Act, and sections 1526 and 1533(d) of the Public Health Service Act, 1395, 1396. $78,535,000, with not to exceed $872,000,000, to be transferred to this 42 USC 300m-5, appropriation as authorized by section 201(g)(l) of the Social Security 42 USC 401 ' ^^°"^ ^^® Federal Hospital Insurance and the Federal Supplementary Medical Insurance Trust Funds referred to therein, but not subject to the reduction contained in section 143 of this joint resolution; none of these funds shall be used to pay the expenses of Statewide Professional Standards Review Councils; $20,000,000 of the foregoing amount shall be apportioned for use pursuant to section 3679 of the Revised Statutes (31 U.S.C. 665), only to the extent necessary and to meet mandatory increases in costs of agencies or organizations with which agreements have been made to participate in the administration of title XVIII, and after maximum absorption of such costs within the remainder of the existing limitation has been achieved: Provided further. That notwithstanding the rate otherwise established by this subsection, for necessary expenses for the Social Security Administration, not more than $3,017,000,000 may be expended as authorized by section 201(g)(1), of the Social Security Act, from any one or all of the trust funds referred to therein, but not subject to the reduction contained in section 143 of this joint resolution; $70,000,000 of the foregoing amount shall be apportioned for use pursuant to section 3679 of the Revised Statutes (31 U.S.C. 665), only to the extent necessary for additional automatic data processing expenses, to process other workloads not anticipated in the budget estimates, and to meet mandatory increases in costs of agencies or organizations with which agreements have been made to participate in the administration of titles XVI and XVIII and section 221 of the 42 USC 1381, Social Security Act, and after maximum absorption of such costs 1395,421.

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Page:United States Statutes at Large Volume 95.djvu/1211

 PUBLIC LAW 97-92—DEC. 15, 1981

95 STAT. 1185

within the remainder of the existing limitation has been achieved: Provided further, That funds which would be available under H.R. 4121, entitled the Treasury, Postal Service and General Government Appropriation Act, 1982, for the Government payment of annuitants and employees health benefits, shall be available under the authority and conditions set forth in H.R. 4121 as reported to the Senate on September 22, 1981: Provided further, That for the purposes of this joint resolution, the Senate reported level of H.R. 4121, entitled the Treasury, Postal Service, and General Government Appropriation Act, 1982, shall be the level reported by the Senate on September 22, 1981 (S. Rept. No. 97-192), as modified on November 17, 1981. (4) Whenever an Act listed in this subsection has been passed by only one House as of December 15, 1981, 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 1981. (5) No provision which is included in an appropriation Act enumerated in this subsection but which was not included in the applicable appropriation Act of 1981, 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. (6) In addition to any sums otherwise appropriated there is appropriated an additional sum of $25,000,000 which shall be made available for training, job search allowances, and relocation allowances, under sections 236,237, and 238 of the Trade Act of 1974. (b) Such amounts as may be necessary for continuing programs and activities, not otherwise provided for, which were conducted in the fiscal year 1981, for which provision was made in and under the terms and conditions of section 101(b) of Public Law 96-536 regarding foreign assistance and related programs, notwithstanding section 10 of Public Law 91-672, and section 15(a) of the State Department Basic Authorities Act of 1956, at a rate for operations not in excess of the current rate provided in fiscal year 1981 or the rate provided for in the budget estimate, whichever is lower, and under the more restrictive authority: Provided, That the limitation on gross obligations for the principal amount of direct loans by the Export-Import Bank shall be increased by $100,000,000, and the limitation on total commitments to guarantee loans by the Export-Import Bank shall be increased by $2,220,000,000 of contingent liability for loan principal: Provided further. That this section shall be deemed to allow the continuation of the activities of the Department of State for contributions to the United Nations Relief and Works Agency for Palestinian Refugees at a rate of operations not in excess of the current rate. (c) Such amounts as may be necessary for projects or activities provided for in the Department of Transportation and Related Agencies Appropriation Act, 1982, 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 (H. Rept. No. 97-331) filed in the House of Representatives on November 13, 1981, as if such Act had been enacted into law, except that appropriations made available for the projects or activities provided for in the Department of Transportation and Related Agencies Appropriation Act, 1982, in this joint resolution are hereby reduced in the following amounts:

19 USC 2296, 2297, 2298. 94 Stat. 3166. 22 USC 2412. 22 USC 2680.

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Page:United States Statutes at Large Volume 95.djvu/1212

 95 STAT. 1186

PUBLIC LAW 97-92—DEC. 15, 1981 DEPARTMENT OF TRANSPORTATION

49 USC 1674.

Office of the Secretary, salaries and expenses and transportation planning, research, and development, $4,500,000; Coast Guard, operating expenses, $48,400,000, of which $5,000,000 shall be deducted from the amounts made available for recreational boating safety; acquisition, construction, and improvements, $16,000,000; alteration of bridges, $4,000,000; research, development, test, and evaluation, $4,000,000; offshore oil pollution compensation fund, $3,000,000; and deepwater port liability fund, $3,000,000; Federal Aviation Administration, operations, $125,000,000; facilities, engineering and development, $9,000,000; facilities and equipment (Airport and Airway Trust Fund), $24,000,000; research, engineering and development (Airport and Airway Trust Fund), $16,000,000; and construction, Metropolitan Washington Airports, $5,000,000; Federal Highway Administration, highway safety research and development, $2,000,000; highway beautification, $1,500,000; territorial highways, $1,000,000; and interstate transfer grants-highways, $37,000,000; National Highway Traffic Safety Administration, operations and research, $7,000,000; Federal Railroad Administration, office of the administrator, $500,000; railroad safety, $2,500,000; railroad research and development, $9,000,000; rail service assistance, $4,000,000, of which at least $2,000,000 shall be deducted from amounts made available for the Minority Business Resource Center; Northeast corridor improvement program, $6,000,000; and redeemable preference shares, $7,000,000; Urban Mass Transportation Administration, administrative expenses, $3,000,000; research, development, and demonstrations and university research and training, $10,000,000; urban discretionary grants, $29,500,000; non-urban formula grants, $4,000,000; urban formula grants, $64,750,000; and interstate transfer grants-transit, $22,000,000; Research and Special Programs Administration, research and special programs, $9,000,000, of which $2,500,000 shall be deducted from the amounts made available for research and development and $750,000 shall be deducted from amounts made available for grantsin-aid as authorized by section 5 of the Natural Gas Pipeline Safety Act of 1968; RELATED AGENCIES

Architectural and Transportation Barriers Compliance Board, salaries and expenses, $100,000; National Transportation Safety Board, salaries and expenses, $2,000,000; Civil Aeronautics Board, salaries and expenses, $1,500,000; Interstate Commerce Commission, salaries and expenses, $4,000,000; Department of the Treasury, Office of the Secretary, investment in fund anticipation notes, ($7,000,000); and United States Railway Association, administrative expenses, $4,000,000. (d) Such amounts as may be necessary for projects or activities provided for in the Department of Housing and Urban Development—Independent Agencies Appropriation Act, 1982 (H.R. 4034), at a rate for operations and to the extent and in the manner provided for

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Page:United States Statutes at Large Volume 95.djvu/1213

 PUBLIC LAW 97-92—DEC. 15, 1981

95 STAT. 1187

in the conference report and joint explanatory statement of the committee of conference (H. Rept. No. 97-222) filed in the House of Representatives on September 11, 1981, as if such Act had been enacted into law, with the following new title: "TITLE V "SEC. 501. Notwithstanding any other provision of this Act— "(1) The amount of the increase in contract authority under the heading 'HOUSING PROGRAMS, ANNUAL CONTRIBUTIONS FOR ASSISTED HOUSING', shall be $897,177,848, and the amount of the increase in budget authority under such heading shall be $17,373,528,040. "(2) The amount appropriated under the heading 'HOUSING PROGRAMS, HOUSING COUNSELING ASSISTANCE', shall be $3,520,000. "(3) The amount appropriated under the heading 'SOLAR ENERGY AND ENERGY CONSERVATION BANK, ASSISTANCE FOR SOLAR AND CONSERVATION IMPROVEMENTS', shall be $23,000,000. "(4) The amount appropriated under the heading 'COMMUNITY PLANNING AND DEVELOPMENT, COMMUNITY DEVELOPMENT GRANTS', shall be $3,600,000,000. "(5) The amount appropriated under the heading 'COMMUNITY PLANNING AND DEVELOPMENT, URBAN DEVELOPMENT ACTION GRANTS', shall be $458,000,000. "(6) The amount appropriated under the heading 'POLICY DEVELOPMENT AND RESEARCH, RESEARCH AND TECHNOLOGY', shall

be $20,000,000. "(7) The amount appropriated under the heading 'FAIR HOUSING AND EQUAL OPPORTUNITY, FAIR HOUSING ASSISTANCE', shall be $5,016,000. "(8) The amount appropriated under the heading 'MANAGEMENT AND ADMINISTRATION, WORKING CAPITAL FUND', shall be $528,000. "(9) The amount appropriated under the heading 'DEPARTMENT OF DEFENSE—CIVIL, CEMETERIAL EXPENSES, ARMY, SALARIES AND EXPENSES', shall be $4,476,000. "(10) The amount appropriated under the heading 'ENVIRONMENTAL PROTECTION AGENCY, SALARIES AND EXPENSES', shall be

$562,837,000. "(11) The amount appropriated under the heading

'ENVIRONMENTAL PROTECTION AGENCY, RESEARCH AND DEVELOPMENT', shall

be $167,759,000. "(12) The amount appropriated under the heading

'ENVIRONMENTAL PROTECTION AGENCY, ABATEMENT, CONTROL AND COMPLIANCE', shall be $395,000,000. "(13) The amount appropriated under the heading 'ENVIRONMENTAL PROTECTION AGENCY, BUILDINGS AND FACILITIES', shall be

$3,621,000. "(14) The amount appropriated under the heading

'EXECUTIVE OFFICE OF THE PRESIDENT, COUNCIL ON ENVIRONMENTAL QUALITY

AND OFFICE OF ENVIRONMENTAL QUALITY', shall be $919,000.

"(15) The amount appropriated under the heading

'EXECUTIVE OFFICE OF THE PRESIDENT, OFFICE OF SCIENCE AND TECHNOLOGY POLICY', shall be $1,578,000. "(16) The amount appropriated under the heading 'FEDERAL EMERGENCY MANAGEMENT AGENCY, FUNDS APPROPRIATED TO THE PRESIDENT, DISASTER RELIEF', shall be $301,694,000.

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