text:
Page:United States Statutes at Large Volume 95.djvu/1214

 95 STAT. 1188

PUBLIC LAW 97-92—DEC. 15, 1981 "(17) The amount appropriated under the heading

'FEDERAL EMERGENCY MANAGEMENT AGENCY, SALARIES AND EXPENSES',

shall be $93,879,000. "(18) The amount appropriated under the heading

'FEDERAL EMERGENCY MANAGEMENT AGENCY, STATE AND LOCAL ASSISTANCE', shall be $121,829,000. "(19) The amount appropriated under the heading 'FEDERAL EMERGENCY MANAGEMENT AGENCY, EMERGENCY PLANNING AND ASSISTANCE', shall be $67,906,000.

"(20) There are appropriated, out of any money in the Treasury not otherwise appropriated, for the repayment of notes dated April 17, 1979, and September 28, 1979, issued by the Director of the Federal Emergency Management Agency to the Secretary of the Treasury pursuant to section 15(e) of the Federal Flood Insurance Act of 1956 (42 U.S.C. 2414(e)), $328,240,000. "(21) The amount appropriated under the heading 'DEPARTMENT OF HEALTH AND HUMAN SERVICES, OFFICE OF CONSUMER AFFAIRS', shall be $1,760,000. "(22) The amount appropriated under the heading 'NATIONAL AERONAUTICS AND SPACE ADMINISTRATION, RESEARCH AND DEVELOPMENT', for the Space Shuttle including space flight operations

shall not exceed $3,104,900,000: Provided, That the limitations subject to the approval of the Committees on Appropriations contained under this heading shall not be affected by this subsection. "(23) The amount appropriated under the heading 'NATIONAL SCIENCE FOUNDATION, RESEARCH AND RELATED ACTIVITIES', shall be $1,010,000,000. "(24) The amount appropriated under the heading 'NATIONAL SCIENCE FOUNDATION, SCIENCE EDUCATION ACTIVITIES', shall be $22,000,000. "(25) The amount appropriated under the heading 'NATIONAL SCIENCE FOUNDATION, SCIENTIFIC ACTIVITIES OVERSEAS (SPECIAL FOREIGN CURRENCY PROGRAM)', shall be $3,080,000. "(26) The amount appropriated under the heading 'SELECTIVE SERVICE SYSTEM, SALARIES AND EXPENSES', shall be $18,633,000. "(27) The amount appropriated under the heading 'DEPARTMENT OF THE TREASURY, OFFICE OF REVENUE SHARING, SALARIES AND EXPENSES', shall be $6,148,000. "(28) The amount appropriated under the heading 'DEPARTMENT OF THE TREASURY, NEW YORK CITY LOAN GUARANTEE PROGRAM', shall be $822,000. "(29) The amount appropriated under the heading 'VETERANS ADMINISTRATION, COMPENSATION AND PENSIONS', shall be

$13,824,000,000. "(30) The amount appropriated under the heading ADMINISTRATION,

READJUSTMENT

BENEFITS',

'VETERANS

shall

be

$1,938,800,000. "(31) The amount appropriated under the heading

'VETERANS ADMINISTRATION, MEDICAL AND PROSTHETIC RESEARCH', shall be

$128,215,000. "(32) The amount appropriated under the heading

'VETERANS ADMINISTRATION, MEDICAL ADMINISTRATION AND MISCELLANEOUS OPERATING EXPENSES', shall be $57,700,000. "(33) The amount appropriated under the heading 'VETERANS ADMINISTRATION, CONSTRUCTION, MAJOR PROJECTS', shall be

$378,338,000.

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text:
Page:United States Statutes at Large Volume 95.djvu/1215

 PUBLIC LAW 97-92—DEC. 15, 1981 "(34) The amount appropriated under the heading

95 STAT. 1189 'VETERANS

shall be $102,942,000, of which not to exceed $30,018,000 shall be available for the Office of Construction. "(35) The amount appropriated under the heading 'VETERANS ADMINISTRATION,

CONSTRUCTION,

MINOR

PROJECTS',

ADMINISTRATION, GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES', shall be $15,840,000. "(36) The amount appropriated under the heading 'DEPARTMENT OF THE TREASURY, INVESTMENT IN NATIONAL CONSUMER COOPERATIVE BANK', shall be $43,000,000: Provided, That the final

Government equity redemption date for the National Consumer Cooperative Bank shall occur on December 31, 1981. "(37) During fiscal year 1982, gross obligations of not to exceed $75,960,000 are authorized for payments under section 230(a) of the National Housing Act, as amended, from the insurance fund 12 USC I7l5u. chargeable for benefits on the mortgage covering the property to which the payments made relate, and payments in connection with such obligations are hereby approved. "(38) The amount appropriated under the heading 'HOUSING PROGRAMS, PAYMENTS FOR OPERATION OF LOW-INCOME HOUSING

PROJECTS—FISCAL YEAR I98i', shall remain available until September 30, 1982: Provided, That any part of the foregoing amount which has not been obligated before the forty-fifth calendar day following the enactment of this joint resolution, shall be deemed obligated notwithstanding the provisions of 31 U.S.C. 200(a). "(39) The Congress also disapproves the deferral under the heading 'VETERANS' ADMINISTRATION, (DISAPPROVAL OF DEFERRAL)', of the Washington, District of Columbia, and Long Beach, California, projects as contained in deferral notice D82-140. "(40) Notwithstanding any other provision of this Act, includ- Funds, transfer. ing any other provision of this title, any agency may before December 31, 1981, transfer to salaries and expenses from other sources made available to it by this Act, such amounts as may be required if the aggregate amount available for salaries and expenses, after such transfer, does not exceed the amount contained for such purposes in this Act before the application of the changes contained in title V: Provided, That such transfers shall be subject to the approval of the Committees on Appropriations: Provided further. That in the Department of Housing and Urban Development not to exceed (1) $34,000,000 shall be available for data processing services, (2) 12 full-time permanent positions and 16 staff years shall be available for the Immediate Office of the Assistant Secretary for Administration, and (3) 26 full-time permanent positions and 27 staff years shall be available for the Office of the Assistant Secretary for Legislation and Congressional Relations: Provided further. That in the National Aeronautics and Space Administration not to exceed (1) 150 full-time permanent positions shall be available for the Office of the Comptroller, and (2) 120 full-time permanent positions shall be available for the Office of External Relations: Provided further. That in the Veterans' Administration not to exceed (1) $1,500,000 shall be available for the Office of Planning and Program Evaluation, and (2) 649 staff years shall be available for the Supply Service.", (e) Such amounts as may be necessary for projects or activities provided for in the Department of the Interior 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

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


text:
Page:United States Statutes at Large Volume 95.djvu/1216

 95 STAT. 1190

PUBLIC LAW 97-92—DEC. 15, 1981

explanatory statement of the committee of conference (H. Rept. No. 97-315) as approved by the House of Representatives on November 12, 1981, as if such Act had been enacted into law. (f) Such amounts as may be necessary for projects or activities provided for in the Agriculture, Rural Development, 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. 97-313) filed in the House of Representatives on November 4, 1981, as if such Act had been enacted into law. 5 USC 5318 note. (g) The provisions of section 305(a), 0)), and (d) of H.R. 4120, entitled the Legislative Branch Appropriation Act, 1982, shall apply to any appropriation, fund, or authority made available for the period October 1, 1981, through September 30, 1982, by this or any other Act. (h) Notwithstanding section 15(a) of the State Department Basic 22 USC 2680. Authorities Act of 1956 and section 701 of the United States Informa22 USC 1476. tion and Educational Exchange Act of 1948, as amended, such amounts as may be necessary for projects or activities provided for in the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriation Act, 1982, at the rate provided in H.R. 4169 as passed the House of Representatives on September 9, 1981, and under the authority and conditions provided in the applicable appropriation Act for fiscal year 1981, except that for the following items funding shall be at the rate specified herein; TITLE I DEPARTMENT OF COMMERCE

Bureau of the Census: "Salaries and Expenses", $57,200,000; "Periodic Censuses and Programs", $87,898,000; Economic Development Administration, "Economic Development Assistance Programs", $198,500,000; International Trade Administration, "Operations and Administration", $151,700,000: 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 $20,000,000. During fiscal year 1982, total commitments to guarantee loans shall not exceed $38,250,000 of contingent liability for loan principal; United States Travel and Tourism Administration, "Salaries and Expenses", $7,600,000; Funds, transfer. National Oceanic and Atmospheric Administration: "Operations, Research and Facilities", $830,455,000, of which $10,000,000 is to be derived by transfer from the fund entitled "Promote and develop fishery products and research pertaining to American fisheries"; "Coastal Zone Management", $7,415,000; "Fisheries Loan Fund", $0; "Foreign Fishing Observer Fund", $4,000,000; "Fishermen's Guaranty Fund", $1,800,000; Science and Technical Research: "Scientific and Technical Research and Services", $125,528,000, of which $2,042,000 shall be available for necessary expenses to enable the Department of Commerce to enter into an agreement with the Smithsonian Institution to close out the Smithsonian Science Information Exchange (SSIE), to transfer the assets of the SSIE to the Department of Commerce, and to pay the outstanding net liabilities of SSIE, including severance pay to SSIE employees;

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text:
Page:United States Statutes at Large Volume 95.djvu/1217

 PUBLIC LAW 97-92—DEC. 15, 1981

95 STAT. 1191

National Telecommunications and Information Administration: "Salaries and Expenses", $16,483,000; "Public Telecommunications Facilities, Planning and Construction", $18,000,000; Maritime Administration: "Operations and Training", $74,898,000; RELATED AGENCIES

Federal Communications Commission, "Salaries and Expenses", $76,900,000; Federal Maritime Commission, "Salaries and Expenses", $11,225,000; Federal Trade Commission, "Salaries and Expenses", $68,774,000; International Trade Commission, "Salaries and Expenses", $17,200,000; Office of the United States Trade Representative, "Salaries and Expenses", $9,000,000: Provided, That not to exceed $60,000 shall be available for official reception and representation expenses; Securities and Exchange Commission, "Salaries and Expenses", $82,906,000; Small Business Administration, "Salaries and Expenses", $221,945,000: Provided, That $14,000,000 of said amount shall be available only for grants for Small Business Development Centers as authorized by section 20(a) of the Small Business Act, as amended. In 15 USC 631 note. addition, $19,200,000 for disaster loan making activities, including loan servicing, shall be transferred to this appropriation from the "Disaster Loan Fund"; "Business Loan and Investment Fund", $326,000,000; "Disaster Loan Fund", $0; "Lease Guarantees Revolving Fund", $3,000,000; "Surety Bond Guarantees Revolving Fund", $19,000,000; United States Metric Board, "Salaries and Expenses", $2,000,000. TITLE II DEPARTMENT OF JUSTICE

General Administration, "Salaries and Expenses", $41,233,000, of which $500,000, to remain available until expended, is for the Federal justice research program; United States Parole Commission, "Salaries and Expenses", $6,200,000; Legal Activities, "Salaries and Expenses, General Legal Activities", $123,200,000; "Salaries and Expenses, Antitrust Division", $44,000,000; "Salaries and Expenses, United States Attorneys and Marshals", $291,950,000; "Support of United States Prisoners", $24,100,000; "Fees and Expenses of Witnesses", $27,921,000; "Salaries and Expenses, Community Relations Service", $5,500,000; Federal Bureau of Investigation, "Salaries and Expenses", $739,609,000; Immigration and Naturalization Service, "Salaries and Expenses", $428,557,000; Federal Prison System, "Salaries and Expenses", $353,000,000; "National Institute of Corrections", $11,186,000; "Buildings and Facilities", $13,731,000, including $1,920,000 for the planning, design, acquisition, and preparation of a site for a Federal Correctional Institution to be located in central Arizona and any necessary

89-194 O—82

77: QL3

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text:
Page:United States Statutes at Large Volume 95.djvu/1218

 95 STAT. 1192

42 USC 5611. 42 USC 3751.

PUBLIC LAW 97-92—DEC. 15, 1981

relocation or replacement of existing site structures or other improvements, as well as the grading and development of utility distribution systems; "Federal Prison Industries, Incorporated: (Limitation on Administrative and Vocational Training Expenses)", $5,066,000; Office of Justice Assistance, Research, and Statistics, "Law Enforcement Assistance", $93,554,000: Provided, That $70,000,000 of said amount shall be available only for grants and administrative expenses authorized by title II of the Juvenile Justice and Delinquency Prevention Act of 1974, as amended: Provided further. That $4,000,000 of said amount provided for the program "Treatment Alternatives to Street Crime" shall be allocated solely to implement part E of the Justice System Improvement Act of 1979; RELATED AGENCIES

42 USC 2000e. 29 USC 625,

Equal Employment Opportunity Commission, "Salaries and Expenses", $139,889,000 of which not to exceed $18,500,000 is for payments to State and local enforcement agencies for services to the Commission pursuant to title VII of the Civil Rights Act, as amended, and sections 6 and 14 of the Age Discrimination in Employment Act.

633.

TITLE III DEPARTMENT OF STATE

Administration of Foreign Affairs; "Salaries and Expenses", $890,758,000; "Acquisition, Operation and Maintenance of Buildings Abroad (Special Foreign Currency Program)", $9,102,000; "Emergencies in the Diplomatic and Consular Service", $4,400,000; "Buying Power Maintenance", $1,500,000; International Organizations and Conferences: "Contributions to International Organizations", $398,240,000, including funds for the payment of 1982 assessed contributions to the Pan American Health Organization, and to reimburse the Pan American Health Organization for payments under the tax equalization program for employees who are United States citizens; "International Conferences and Contingencies", $7,284,000; International Commissions; "International Boundary and Water Commission, United States and Mexico, Salaries and Expenses", $7,927,000; "American Sections, International Commissions", $2,847,000; International Fisheries Commissions", $8,237,000; and "The Asia Foundation", $4,100,000. RELATED AGENCIES

Board for International Broadcasting, "Grants and Expenses", $86,519,000; Commission on Security and Cooperation in Europe, "Salaries and Expenses", $404,000; and International Communication Agency: "Salaries and Expenses", $443,286,000; "Center for Cultural and Technical Interchange Between East and West", $16,880,000; "Acquisition and Construction of Radio Facilities", $19,000,000.

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text:
Page:United States Statutes at Large Volume 95.djvu/1219

 PUBLIC LAW 97-92—DEC. 15, 1981

95 STAT. 1193

TITLE IV THE JUDICIARY

Courts of Appeals, District Courts, and Other Judicial Services: "Salaries of Judges", $59,400,000; "Salaries of Supporting Personnel", $263,400,000; "Expenses of Operation and Maintenance of the Courts", $55,600,000; "Bankruptcy Courts, Salaries and Expenses", $81,200,000; "Fees of Jurors and Commissioners", $43,500,000; "Space and Facilities", $123,000,000. SEC. 102. Appropriations and funds made available and authority anted pursuant to this joint resolution shall be available from jcember 15, 1981, and shall remain available until (a) enactment into law of an appropriation for any project or activity provided for in this joint resolution, or (b) enactment of the applicable appropriation Act by both Houses without any provision for such project or activity, or (c) March 31, 1982, whichever first occurs. Subsection (c) of this section shall not reduce the availability of funds which would remain available beyond March 31, 1982, under the terms and conditions otherwise effective under this joint resolution. SEC. 103. Appropriations made and authority granted pursuant to this joint resolution shall cover all obligations or expenditures incurred for any project or activity during the period for which funds or authority for such project or activity are available under this joint resolution. SEC. 104. Expenditures made pursuant to this joint resolution shall be charged to the applicable appropriation, fund, or authorization whenever a bill in which such applicable appropriation, fund, or authorization is contained is enacted into law. SEC. 105. All obligations incurred in anticipation of the appropriations and authority provided in this joint resolution for the purposes of maintaining the minimum level of essential activities necessary to protect life and property and bringing about orderly termination of other functions are hereby ratified and confirmed if otherwise in accordance with the provisions of this joint resolution. SEC. 106. No provision in any appropriation Act for the fiscal year 1982 that makes the availability of any appropriation provided therein dependent upon the enactment of additional authorizing or other legislation shall be effective before the date set forth in section 102(c) of this joint resolution. SEC. 107. Notwithstanding any other provisions of this joint resolution and the provisions of sections 720(b) and 722(a)(l) of the Public Health Service Act, $35,790,000 is appropriated and shall remain available until expended for grants for the construction or expansion of two teaching facilities under section 720(a)(l) of such Act. SEC. 108. Notwithstanding any other provision of this joint resolution except section 142, $869,240,000 is appropriated under this joint resolution for payment to the Postal Service Fund, of which $230,000,000 shall be available for public service costs and $639,240,000 shall be available for revenue forgone on free and reduced-rate mail. Notwithstanding any other provision of law, the Postal Service shall promptly adjust preferred rates so as to recover the difference between the amount which was authorized to be appropriated under section 2401(c) of title 39, United States Code, and the amount hereby appropriated. Such adjustments shall be made in accordance with thefollowingsubsections:

S

Funding availability.

42 USC 293, 293b. Post, p. 1201.

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text:
Page:United States Statutes at Large Volume 95.djvu/1220

 95 STAT. 1194

Ante, p. 759.

27 USC 201.

46 FR 50014. 26 CFR Parti.

PUBLIC LAW 97-92—DEC. 15, 1981

(a) The amount attributable to the reduction in authorization specified in section 1723(a)(l) of the Omnibus Budget Reconciliation Act of August 13, 1981, shall be recovered from the classes of mail specified in section 1723(b)(l) of such Act. (b)(1) The remaining amount shall be recovered through proportional adjustment, except as provided in paragraph (2) of this subsection, to the rates for each class of reduced-rate mail under section 3626 of title 39, United States Code, after the adjustment required by subsection (a) of this section. (2) The adjustment made under paragraph (1) of this subsection shall provide for recovery of $20,000,000 less from mail under former sections 4358(a), 4554(b), and 4554(c) of title 39, United States Code, and $20,000,000 more from the other affected categories, than if such adjustment were fully proportional for all affected categories. (c) Any further adjustments needed because of section 143 of this resolution shall be proportional as provided in subsection (b)(1) of this section without regard to subsection (b)(2). (d) Any adjustments under this section shall look first to the phased rates under section 3626 of title 39, United States Code, and shall not affect the remaining (continuing) rate reductions for any category until phasing for all categories is exhausted. SEC. 109. No funds made available pursuant to this continuing resolution may be used to accomplish or implement a proposed reorganization of the Bureau of Alcohol, Tobacco and Firearms before March 30, 1982. Such reorganization plan may be implemented after March 30, 1982, unless disapproved by the House and Senate Committees on Appropriations: Provided, That of the funds made available by this Continuing Resolution for the Bureau of Alcohol, Tobacco and Firearms, $15,000,000 shall be available solely for the enforcement of the Federal Alcohol Administration Act during fiscal year 1982. SEC. 110. Notwithstanding any other provision of this joint resolution, the Secretary of the Treasury is authorized to transfer up to 2 per centum from any appropriation account provided by this joint resolution for the Department of the Treasury otherwise appropriated in H.R. 4121, entitled the Treasury, Postal Service and General Government Appropriation Act, 1982, to any other such appropriation account: Provided, That the recipient appropriation account is not increased by more than 2 per centum of the amount provided by this joint resolution: Provided further, That approval for such transfers is obtained in advance from the House and Senate Committees on Appropriations. SEC. 111. Notwithstanding any other provision of this joint resolution, funds available to the Federal Building Fund within the General Services Administration may be used to initiate new construction, advance design, and repairs and alteration line-item projects and lease construction projects which are included in either H.R. 4121, as passed by the House, or in H.R. 4121, as reported by the Senate on September 22, 1981. SEC. 112. (a) None of the funds appropriated by this joint resolution may be used to— (1) enforce Revenue Ruling 81-216 or the proposed amendments to Income Tax Regulations sections 1.103-7 and 1.103-10 which were published in the Federal Register on October 8, 1981, or

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text:
Page:United States Statutes at Large Volume 95.djvu/1221

 PUBLIC LAW 97-92—DEC. 15, 1981

95 STAT. 1195

(2) propose, promulgate, or enforce any ruling or regulation reaching the same result as, or a result similar to, such Revenue Ruling or Regulations, in connection with a qualified issue, or (3) issue rulings or regulations which treat as exempt from taxation under section 103(b)(6) of the Internal Revenue Code of 1954 any interest earned on an obligation the proceeds of which are used for a disqualified facility. (b)(1) For purposes of subsection (a), the term "qualified issue" means a single issue (whether or not part of a composite or multiple series of issues)— (A) all of the obligations of which are directly or indirectly guaranteed or secured in whole or in part by— (i) a State or political subdivision thereof or an instrumentality of either, or (ii) in the case of an issue all of the proceeds of which are used for agricultural purposes, a qualified person (within the meaning of section 46(c)(8)(D) of the Internal Revenue Code of 1954 determined without regard to clauses (iii) and (iv) thereof), and (B) none of the proceeds of which are used in connection with a disqualified facility or a facility with respect to which, at any time before January 1, 1987— (i) any disqualified person used more than 5 percent of the facility, or (ii) more than 25 percent of the facility is (in the aggregate) used by disqualified persons. For purposes of subparagraph (B), use by a related person (within the meaning of section 103(b)(6)(C) of such Code) shall be treated as use by the disqualified person. (2)(A) For purposes of paragraph (1), the term "disqualified person" means a person (other than an exempt person within the meaning of section 103(b)(3) of such Code) which has aggregate capital expenditures for any purpose which, for the period beginning October 1, 1979, and ending September 30, 1982, exceed $25,000,000. (B) For purposes of determining the aggregate capital expenditures of any person under subparagraph (A), there shall be taken into account the capital expenditures of all persons which are— (i) related persons (within the meaning of section 103(b)(6)(C) of such Code) with respect to such person; or (ii) guarantors of any portion of the issue with respect to which a determination is being made under this subsection other than a guarantor which— (I) is a State or a political subdivision thereof or an instrumentality of either, (II) in the case of an issue all of the proceeds of which are used for agricultural purposes, a person described in paragraph (l)(A)(ii), or (III) one or more financial institutions which are not related persons (within the meaning of section 103(b)(6)(C) of such Code to the user of the proceeds of the isssue. (C) For purposes of this paragraph, the term "capital expenditures" has the meaning given such term by section 103(b)(6)(D) of such Code, except that such term shall not include any amount paid or incurred by the taxpayer which constitutes a qualified research expense (within the meaning of section 44F(b) of such Code). (c) For purposes of subsection (a) and subparagraph (b)(1)(B), a "disqualified facility" is any private or commercial—

26 USC 103. "Qualified issue."

26 USC 46.

"Disqualified person."

26 USC 44F. "Disqualified facility."

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text:
Page:United States Statutes at Large Volume 95.djvu/1222

 95 STAT. 1196

26 USC 103.

49 USC 10903 ^°^-

PUBLIC LAW 97-92—DEC. 15, 1981

(i) golf course, (ii) country club, (iii) massage parlor, or (iv) tennis club. (d) It is the sense of the Congress that after August 23, 1981, and until Congress enacts legislation which affects section 103(b)(6) of such Code, the Secretary of the Treasury or his delegate should in all cases enforce any ruling or regulation described in subsection (a)(1) or (2) in a manner consistent with the provisions of subsection (a). SEC. 113. It is the sense of the Congress that the President of the United States should not include in his recommendations for revenue enhancements any recommendations which would have the effect of reducing Federal tax incentives for energy conservation or the development of renewable energy sources. SEC. 114. Notwithstanding any other provision of law, funds provided under this joint resolution for the special supplemental food program as authorized by section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786), and the commodity supplemental food program as authorized by section 4(a) of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c (note)) shall not be withheld from obligation unless and until a special message specifying a deferral or rescission of budget authority for such programs is officially submitted to the Congress, when the Congress is in session. SEC. 115. Notwithstanding any other provision of law or of this joint resolution, none of the funds provided in this or any other Act shall hereafter be used by the Interstate Commerce Commission to approve railroad branchline abandonments in the State of North Dakota by the entity generally known as the Burlington Northern Railroad, or its agents or assignees, in excess of a total of 350 miles: Provided, That this section shall be in lieu of section 311 (amendment numbered 93) as set forth in the conference report and the joint explanatory statement of the committee of conference on the Department of Transportation and Related Agencies Appropriations Act, 1982 (H.R. 4209), filed in the House of Representatives on November 13, 1981 (H. Rept. No. 97-331). SEC. 116. Notwithstanding any other provision of law or of this joint resolution, the funds provided for section 18 nonurban formula grants and section 5 urban formula grants in this joint resolution shall be apportioned and allocated using data from the 1970 decennial census for one-half of the sums appropriated and the remainder shall be apportioned and allocated on the basis of data from the 1980 decennial census. SEC. 117. Notwithstanding any other provision of this joint resolution, the funds made available by this joint resolution which would be available under H.R. 4560, entitled "Departments of Labor, Health and Human Services, and Education and Related Agencies Appropriation Act, 1982", for school assistance in federally affected areas under title III of such Act shall be available under the authority and conditions set forth in H.R. 4560 as passed the House on October 6, 1981: Provided, That the total amount available for entitlements under section 3(a) of the Act of September 30, 1950, as amended, is amended so as to permit payment to any local educational agency under such section 3(a) not to exceed 90 per centum of the amount of such payment for fiscal year 1981, unless the entitlement for such agency is determined under section 3(d)(2)(B) of such Act: Provided further, That the provisions of section 3(d)(2)(B) shall be fully funded and not subject to rateable reduction: Provided further. That the provisions of section 5(c) shall not apply.

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text:
Page:United States Statutes at Large Volume 95.djvu/1223

 PUBLIC LAW 97-92—DEC. 15, 1981

95 STAT. 1197

SEC. 118. Notwithstanding section 1903(s) of the Social Security Act, all medicaid payments to the States for Indian health service facilities as defined by section 1911 of the Social Security Act shall be paid entirely by Federal funds, and notwithstanding section 1903(t) of the Social Security Act, all medicaid payments to the States for Indian health service facilities shall not be included in the computation of the target amount of Federal medicaid expenditures. SEC. 119. There are appropriated $750,000 to continue the operations of the Office of Adolescent Pregnancy Programs of the Department of Health and Human Services. SEC. 120. Notwithstanding any provision of law, none of the funds appropriated for the Department of Labor, Mine Safety and Health Administration, shall be used to classify a mine in the potash industry as gassy based upon air samples containing concentrations of methane gas, unless such classification standard has been adopted through formal rulemaking on or before November 5, 1981. SEC. 121. Amounts at the level provided in H.R. 4560 as passed by the House are available for general departmental management, Department of Health and Human Services, and the program direction and support services activity. Assistant Secretary for Health. SEC. 122. Notwithstanding any other provision of this joint resolution, appropriations for administrative costs including but not limited to salaries, expenses, travel and consultants in this joint resolution for the Department of Health and Human Services are hereby reduced by $21,800,000: Provided, That none of this reduction shall be taken from activities supported under the budget account entitled "Social Security Administration, Limitation on Administrative Expenses" or from funds available for the administration of the Medicare program. SEC. 123. Funding for sections 501(a), (b), and (c) of the Refugee Education Assistance Act of 1980 and for the Refugee Act of 1980 shall be at the levels and under the terms and conditions of H.R. 4560, the Departments of Labor, Health and Human Services, and Education and Related Agencies Appropriation Act, 1982, as reported to the Senate on November 9, 1981. SEC. 124. Notwithstanding any other provision of the joint resolution, the funds made available by this joint resolution which would be available under H.R. 4560, the Departments of Labor, Health and Human Services, and Education and Related Agencies Appropriation Act, 1982, as reported to the Senate on November 9, 1981, for Student Financial Assistance shall be subject to the following additional conditions: (1) The maximum Pell Grant a student may receive in 1982-1983 academic year is $1,800, notwithstanding section 411(a)(2)(A)(i)(II) of the Higher Education Act of 1965. (2) The cost of attendance used for calculating eligibility for and amount of Pell Grants shall be established by the Secretary of Education. (3) The Secretary of Education may establish or approve separate systems of need analysis for academic year 1982-1983, without regard to the provisions of subsections (a), (b), and (c) of section 482 of the Higher Education Act of 1965, for the programs authorized under subpart 2 of part A, part C, and part E of title IV of the Higher Education Act of 1965. (4) The family contribution schedule for the 1981-1982 academic year shall be the family contribution schedule for the 1982-1983 academic year, modified by the Secretary of Education to exclude payments under the Social Security Act and title 38,

42 USC 1396b note. Ante, p. 803. 42 USC 1396J. Ante, p. 804.

8 USC 1522 note, 1101 note.

20 USC 1070a.

Ante, p. 453. 20 USC 1070b, 42 USC 2751, 20 USC 1088. 42 USC 1305.

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text:
Page:United States Statutes at Large Volume 95.djvu/1224

 95 STAT. 1198

PUBLIC LAW 97-92—DEC. 15, 1981

United States Code, described in paragraph (5) and to reflect the most recent and relevant data, except that the Secretary of Education shall establish a series of assessment rates applicable to discretionary income in accordance with section 4820t>)(4) of Ante, p. 453. the Higher Education Act of 1965. The modified family contribution schedule under this paragraph shall be submitted to the President of the Senate and the Speaker of the House of Representatives not later than 15 days after the date of enactment of this resolution and shall otherwise be subject to the provisions of section 482(a) of the Higher Education Act of 1965. 20 USC 1089. (5) Notwithstanding the provisions of section 482(b)(3) and the 20 USC 1070a. provisions of section 411(a)(2)(B)(ii), no Pell Grant shall exceed the difference between the cost of attendance at the institution at which the student is in attendance, and the sum of the expected family contribution and any amount paid to, or on account of, the 42 USC 1305. student under the Social Security Act and any amount paid the 38 USC 1651 et student under chapters 34 and 35 of title 38, United States Code, seq., 1700 et seq. and if with respect to any student, it is determined that the amount of a Pell Grant plus the amount of the expected family contribution, the amount paid to, or on account of, the student under the Social Security Act, and the amount paid the student under chapters 34 and 35 of title 38, United States Code, exceeds the cost of attendance for that year, the amount of the Pell Grant shall be reduced until the combination of expected family contribution, the amount of the Pell Grant, and the amount paid under the Social Security Act, and chapters 34 and 35 of title 38 of the United States Code, does not exceed the cost of attendance at such institution. SEC. 125. For each fiscal year (beginning with the fiscal year which 2 USC 61b-3. ends September 30, 1982), the Secretary of the Senate is authorized to expend from the contingent fund of the Senate such amount as may be necessary to enable the Secretary to obtain from the General Services Administration the services of a professional archivist. Such services shall be obtained on a reimbursable basis and shall not be obtained except with the consent of the General Services Administration and the Committee on Rules and Administration. SEC. 126. There is appropriated $69,800,000 for section 611 of the 20 USC 1411. Education of the Handicapped Act which is in addition to amounts appropriated under this joint resolution which would otherwise be made available under H.R. 4560, the Departments of Labor, Health and Human Services, and Education and Related Agencies Appropriation Act, 1982, as reported to the Senate on November 9, 1981, for such section 611. SEC. 127. For carrying out, to the extent not otherwise provided, the 29 USC 701 note. Rehabilitation Act of 1973, as amended, and the International Health 22 USC 2101 Research Act of 1960, $991,845,000, of which $892,865,538 shall be for note. allotments under section 100(b)(1), $6,134,462 shall be for activities under section 110(b)(3), $650,000 shall be made available to the Navajo Tribal Council for activities under section 130, and $18,000,000 shall be for activities under section 711 of the Rehabilitation Act of 1973. 29 USC 796e SEC. 128. The Attorney General shall exercise his best efforts to ensure that none of the funds appropriated by this joint resolution may be obligated or expended after March 1, 1982, for the detention of any entrant, any applicant for political asylum or for refugee status, or any other alien which would cause the total number of aliens to exceed five hundred and twenty-five at the facility known as Krome North, located in the State of Florida, or to exceed five hundred and

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Page:United States Statutes at Large Volume 95.djvu/1225

 PUBLIC LAW 97-92—DEC. 15, 1981

95 STAT. 1199

twenty-five at any other facility in the State of Florida for the detention of aliens awaiting exclusion, deportation, or resettlement which is not used for such purpose on the date of enactment of this joint resolution. SEC. 129. There is appropriated an additional $45,000,000 for the payment of windfall benefits, as provided under section 15(d) of the Railroad Retirement Act of 1974, which, together with the amounts appropriated under this joint resolution which would otherwise be made available under H.R. 4560, the Departments of Labor, Health and Human Services, and Education and Related Agencies Appropriation Act, 1982, for the payment of such benefits, shall be the maximum amount available for payments through September 30, 1982. SEC. 130. Notwithstanding any other provision of this joint resolution, each State shall establish such fiscal control procedures as are necessary to assure that the funds made available under this resolution for the low-income energy assistance program are used for payments in accordance with section 26050b)(1) and (2) of the Omnibus Budget Reconciliation Act of 1981 and that each eligible household receiving such payments does not use the payments for any other purpose than the purpose described in section 2602(a). SEC. 131. Notwithstanding any other provision of this joint resolution, the provisions of section 210 of the Departments of Labor, Health and Human Services, and Education and Related Agencies Appropriation Act, 1982 (H.R. 4560), as passed by the House of Representatives on October 6, 1981, and the provisions of section 209 of such Act as reported by the Senate Committee on Appropriations on November 9, 1981, shall be applicable with respect to sums appropriated pursuant to this joint resolution. SEC. 132. Notwithstanding any other provision of law, none of the funds appropriated for the Department of Labor, Mine Safety and Health Administration shall be obligated or expended to prescribe, issue, administer or enforce any standard, rule, regulation or order under the Federal Mine Safety and Health Act of 1977 with respect to any independent construction contractor who is engaged by an operator for the construction, repair or alteration of structures, facilities, utilities or private ways or roads located on (or appurtenant to) the surface areas of any coal or other mine, and whose employees work in a specifically demarcated area, separate from actual mining or extraction activities: Provided, That no funds shall be obligated or expended to prescribe, issue, administer or enforce any standard, rule, regulation or order under the Federal Mine Safety and Health Act of 1977 on any State or political subdivision thereof. SEC. 133. There is appropriated the sum of $362,000,000 for the Maternal and Child Health Care Block Grant Act. SEC. 133a. Notwithstanding section 102 of this joint resolution, section 139(b)(3) of Public Law 97-51 is amended by striking out "1981" and inserting in lieu thereof "1980". SEC. 134. There are appropriated to the Department of Health and Human Services $61,180,000 for activities under the Developmental Disabilities Assistance and Bill of Rights Act of 1981. SEC. 135. There is appropriated $10,000,000 for part B of title IV of the Comprehensive Employment and Training Act relating to the Job Corps which is in addition to the amounts appropriated under this joint resolution which would otherwise be made available under H.R. 4560, the Departments of Labor, Health and Human Services, and Education and Related Agencies Appropriation Act, 1982, as reported to the Senate on November 9, 1981, for the Job Corps.

45 USC 23ln.

Ante, p. 896. Ante, p. 893.

30 USC 801 note.

Ante, p. 818. 26 USC 162 note. Ante, p. 967.

29 USC 923.

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Page:United States Statutes at Large Volume 95.djvu/1226

 95 STAT. 1200

PUBLIC LAW 97-92—DEC. 15, 1981

SEC. 136. Notwithstanding any other provision of this joint resolution, subject only to the absence of qualified applicants, and within the limits of funds and authority available, the head of each department and agency for which authority to enter into commitments to guarantee or insure is provided for in this joint resolution or H.R. 4034 shall enter into commitments to guarantee or insure in the full amounts provided for in this joint resolution or other applicable law. SEC. 137, Notwithstanding any other provision of law or of this joint resolution, of the fiscal year 1982 Highway Trust Funds available for emergency relief, $17,000,000 shall be made available for damaged highways or for the prevention of damage to highways in the area affected by eruptions of the Mount Saint Helens volcano. SEC. 138. Notwithstanding any other provision of title 23, United States Code, or of this joint resolution, the Secretary of Transportation shall approve, upon the request of the State of Indiana, the construction of an interchange to appropriate standards at 1-94 and County Line Road at the Porter-La Porte County Line near Michigan City, Indiana, with the Federal share of such construction to be financed out of funds apportioned to the State of Indiana under section 104(b)(5)(A) of title 23, United States Code. SEC. 139. Notwithstanding any other provision of law, or of this joint resolution, any proposal for deferral of budget authority under section 1013 of the Impoundment Control Act of 1974 (31 U.S.C. 1403) with respect to budget authority for expenses related to the Northeast Corridor Improvement Project authorized under title VII of the Railroad Revitalization and Regulatory Reform Act of 1976 (Public 45 USC 851. Law 94-210) shall, upon transmittal to the Congress, be referred to the House and Senate Committees on Appropriations and any amount of budget authority proposed to be deferred therein shall be made available for obligation unless, within a 45-day period which begins on the date of transmittal and which is equivalent to that described in section 1011(3) and (5) of the Impoundment Control Act of 1974 (31 U.S.C. 1401 (3) and (5)), the Congress has completed action on a bill approving all or part of the proposed deferral. 28 USC 461 note. SEC. 140. Notwithstanding any other provision of law or of this joint resolution, none of the funds appropriated by this joint resolution or by any other Act shall be obligated or expended to increase, after the date of enactment of this joint resolution, any salary of any Federal judge or Justice of the Supreme Court, except as may be specifically authorized by Act of Congress hereafter enacted: Provided, That nothing in this limitation shall be construed to reduce any salary which may be in effect at the time of enactment of this joint resolution nor shall this limitation be construed in any manner to reduce the salary of any Federal judge or of any Justice of the Supreme Court. 5 USC 5318 note. SEC. 141. (a) Notwithstanding the provisions of section 305 of H.R. 4120 made applicable by section 101(g) of this joint resolution, but subject to subsection (b) of this section, nothing in section 101(g) shall (or shall be construed to) require that the rate of salary or basic pay, payable to any individual for or on account of services performed after December 31, 1981, be limited to or reduced to an amount which is less than— (1) $59,500, if such individual has an office or position the salary or pay for which corresponds to the rate of basic pay for level III of the Executive Schedule under section 5314 of title 5, United States Code; (2) $58,500, if such individual has an office or position the salary or pay for which corresponds to the rate of basic pay for

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Page:United States Statutes at Large Volume 95.djvu/1227

 PUBLIC LAW 97-92—DEC. 15, 1981

95 STAT. 1201

level IV of the Executive Schedule under section 5315 of title 5, United States Code; or (3) $57,500, if such individual has an office or position the salary or pay for which corresponds to the rate of basic pay for level V of the Executive Schedule under section 5316 of title 5, United States Code. (b)(l) For purposes of subsection (a), any rate of salary or pay shall be considered to correspond i.o the basic pay for a level of the Executive Schedule if the rate of salary or pay for that office or position is (i) fixed at a rate which is equal to or greater than the rate of basic pay for that level of the Executive Schedule or (ii) limited to a maximum rate which is equal to or greater than the rate of basic pay for such level (or to a percentage of such a maximum rate) by reason of section 5308 of title 5, United States Code, or any other provision of law (other than the provisions of such section 305, as made applicable by section 101(g) of this joint resolution) or congressional resolution. (2) In applying subsection (a) for any office or position for which the rate of salary or basic pay is limited to a percentage of such a maximum rate, there shall be substituted, in heu of the amount specified in subsection (a) for that office or position, an amount equal to such percentage of the specified amount. (c) Any adjustment pursuant to this section made to the pay of any employee or class of employees whose pay is disbursed by the Clerk of the House should be of such amount as to assure, to the maximum extent practicable, that such employees are not paid at rates at less than employees or classes of employees whose pay is disbursed by the Secretary of the Senate and who hold equivalent positions. SEC. 142. (a) Notwithstanding any other provision of this joint resolution, and except as otherwise provided in this section, total budget authority provided by this joint resolution for appropriation accounts for which provision would be made in the following appropriation Acts: the Agriculture, Rural Development, and Related Agencies Appropriation Act, 1982; the Department of Housing and Urban Development-Independent Agencies Appropriation Act, 1982; the Department of the Interior and Related Agencies Appropriation Act, 1982; the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriation Act, 1982; and the Treasury, Postal Service, and General Government Appropriation Act, 1982; shall be reduced by 4 per centum. (b) Notwithstanding any other provision of this joint resolution, and except as otherwise provided in this section, total budget authority provided by this joint resolution for appropriation accounts for which provision would be made in the Military Construction Appropriation Act, 1982, shall be reduced by 2 per centum. (c) The reductions made by subsections (a) and (b) of this section shall be applied proportionally to each appropriation account. (d) Notwithstanding any other provision of this joint resolution, and except as otherwise provided in this section, total budget authority provided by this joint resolution for appropriation accounts for which provision would be made in the Department of Defense Appropriation Act, 1982, shall be reduced by 2 per centum. The reduction in this subsection shall be taken only from,appropriation accounts in titles IV and V of that Act, and shall be applied proportionally to those accounts. After the conclusion of the first

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Page:United States Statutes at Large Volume 95.djvu/1228

 95 STAT. 1202

31 USC 1351.

PUBLIC LAW 97-92—DEC. 15, 1981

session of the Ninety-seventh Congress, the level of budget authority for the Department of Defense shall be the level of the conference agreement on the Department of Defense Appropriation Act, 1982, and this section shall not apply to that level. If such agreement has not been reached by the conclusion of the first session of the Ninetyseventh Congress, the level shall be as set forth in section 101(a) of this joint resolution, and this section shall not apply to that level. (e) The reduction made by this section shall be applied so that the budget authority provided in this joint resolution within any appropriation account for any program or project shall not be reduced by more than 6 per centum. (f) The reduction made by this section shall be applied so that no program or project shall be terminated. (g) The reduction made by this section shall not apply to budget authority made available by this joint resolution for: the Food Stamp program; the Veterans' Administration medical care account; any account, program or project involving spending authority defined in section 401(c)(2)(C) of the Congressional Budget and Impoundment Control Act of 1974 (Public Law 93-344); the Payment to State and Local Government Fiscal Assistance Trust Fund (31 U.S.C. 1221-1263); accounts of the Veterans' Administration where budget authority otherwise provided by this joint resolution would be at or below the revised budget estimates; the Internal Revenue Service, the Federal Bureau of Investigation, and the Drug Enforcement Administration in the Department of Justice, the law enforcement activities of the Customs Service and the Secret Service in the Department of the Treasury, and the law enforcement activities of the Coast Guard, (h) This section shall not apply to any appropriation account, program or project for which budget authority is provided by a 1982 appropriation Act enacted into law subsequent to the enactment of this joint resolution.

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Page:United States Statutes at Large Volume 95.djvu/1229

 PUBLIC LAW 97-92—DEC. 15, 1981

95 STAT. 1203

SEC. 143. Notwithstanding section 102 of this joint resolution, appropriations and fwds made available and authority granted pursuant to this joint resolution for appropriation accounts, programs, and projects for which provision would be made in the Department of Defense Appropriation Act, 1982, shall be available from December 15, and shall remain available until (a) enactment into law of an appropriation for any project or activity provided for in this joint resolution, or (b) enactment of the applicable appropriation Act by both Houses without any provision for such project or activity, or (c) February 15, 1982, whichever first occurs. Approved December 15, 1981.

LEGISLATIVE HISTORY—H.J. Res. 370: HOUSE REPORT No. 97-372 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 127 (1981): Dec. 10, considered and passed House. Dec. 10, 11, considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 17, No. 51 (1981): Dec. 15, Presidential statement.

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Page:United States Statutes at Large Volume 95.djvu/1230

 95 STAT. 1204

PUBLIC LAW 97-93—DEC. 15, 1981

Public Law 97-93 97th Congress Joint Resolution Dec. 15, 1981 [S.J. Res. 115]

Alaska natural f^L^r.^ 4- *•• system 15 USC 7i9f note.

fy^ approve the President's recommendation for a waiver of law pursuant to the Alaska Natural Gas Transportation Act of 1976.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the House of Representatives and Senate approve the waiver of the provision of law (Public Law 95-158, Public Law numbered 688, Seventy-fifth Congress, second session, and Public Law 94-163) as proposed by the President, submitted to the Congress on October 15, 1981.

15 USC 717 e«

42^USC 620l

Approved December 15, 1981.

note.

LEGISLATIVE HISTORY—S.J. Res. 115 (H.J. Res. 341): HOUSE REPORTS: No. 97-350, pt. 1 (Comm. on Interior and Insular Affairs) and No. 97-350, pt. 2 (Comm. on Energy and Commerce) accompanying H.J. Res. 341. SENATE REPORT No. 97-272 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 127 (1981): Nov. 19, considered and passed Senate. Dec. 8, 9, H.J. Res. 341 considered and passed House. Dec. 10, considered and passed House.

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Page:United States Statutes at Large Volume 95.djvu/1231

 PUBLIC LAW 97-94—DEC. 17, 1981

95 STAT. 1205

Public Law 97-94 97th Congress An Act To amend the mineral leasing laws of the United States to provide for uniform treatment of certain receipts under such laws, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That section 6 of the Act of August 7, 1947 (61 Stat. 915; 30 U.S.C. 355), is amended by adding the following at the end thereof: "Notwithstanding the preceding provisions of this section, all receipts derived from leases on lands acquired for military or naval purposes, except the naval petroleum reserves and national oil shale reserves, shall be paid into the Treasury of the United States and disposed of in the same manner as provided under section 35 of the Act of February 25, 1920 (41 Stat. 450; 30 U.S.C. 191), in the case of receipts from sales, bonuses, royalties, and rentals of the public lands under that Act. SEC. 2. The amendment made by the first section of this Act shall take effect with respect to leases entered into after January 1, 1981. Approved December 17, 1981.

LEGISLATIVE HISTORY—H.R. 4591 (S. 859): HOUSE REPORT No. 97-296 (Comm. on Armed Services). SENATE REPORT No. 97-162 accompanying S. 859 (Comm. on Energy and Natural RcsourcGs) CONGRESSIONAL RECORD, Vol. 127 (1981): Nov. 4, considered and peissed House. Dec. 1, considered and passed Senate.

Dec. 17, 1981 [H.R. 4591]

Mineral leasing laws of US a«^endment.

Effective date. ^0 USC 355 note.

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Page:United States Statutes at Large Volume 95.djvu/1232

 95 STAT. 1206

PUBLIC LAW 97-95—DEC. 17, 1981

Public Law 97-95 97th Congress Joint Resolution Dec. 17, 1981 [S.J. Res. 136]

To validate the effectiveness of a plan for the use or distribution of funds appropriated to pay a judgment awarded to the San Carlos Tribe of Arizona.

Whereas, pursuant to Public Law 93-134 (Act of October 19, 1973, 87 Stat. 466; 25 U.S.C. 1401), the Secretary of the Interior or his designee submitted a plan on October 7, 1981, for the use or distribution of funds appropriated to pay a judgment awarded to the San Carlos Apache Indian Tribe of Arizona; Whereas, such plan has not been disapproved by congressional action; Whereas, such plan has lain before the Senate for the requisite eriod of sixty legislative days as provided by Public Law 93-134 ut sixty legislative days in the House of Representatives will not expire until December 18, 1981, after the Congress has adjourned; and Whereas, it is the purpose of this resolution to validate the effectiveness of the plan which was submitted to the Congress pursuant to Public Law 93-134. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the plan for the use or distribution of funds awarded the San Carlos Apache Tribe of Indians in Docket No. 22-H before the United States Court of Claims is hereby declared to be valid and effective as of the date of enactment of this resolution and such plan is declared to have been validly submitted and is exempted from any further review. Approved December 17, 1981.

g

San Carlos Indians. Judgment appropriation plan.

LEGISLATIVE HISTORY—S.J. Res. 136: CONGRESSIONAL RECORD, Vol. 127 (1981): Dec. 15, considered and passed Senate. Dec. 16, considered and passed House.

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Page:United States Statutes at Large Volume 95.djvu/1233

 PUBLIC LAW 97-96—DEC. 21, 1981

95 STAT. 1207

Public Law 97-96 97th Congress

An Act To authorize appropriations to the National Aeronautics and Space Administration for research and development, construction of facilities, and research and program management, and for other purposes.

Dec. 21, 1981 [S. 1098]

Be it enacted by the Senate of House of Representatives of the United States of America in Congress assembled, That there is hereby National authorized to be appropriated to the National Aeronautics and Space Aeronautics and Space Administration to become available October 1, 1981: Administration (a) For "Re^rch and development", for the following programs: Authorization Act, 1982. (1) Space Shuttle, $2,189,000,000; (2) Space flight operations, $907,900,000; (3) Expendable launch vehicles, $31,200,000; (4) Physics and astronomy, $333,400,000; (5) Planetary exploration, $215,300,000; (6) Life sciences, $43,500,000; (7) Space applications, $398,600,000; (8) Tfechnology utilization, $12,600,000; (9) Aeronautical research and technology, $284,800,000; (10) Space research and technology, $129,300,000; and (11) Tracking and data acquisition, $408,180,000. (Jo) For "Construction of facihties", including land acquisition, as Facilities construction. follows: (1) Modification of 12-foot pressure wind tunnel, Ames Research Center, $18,500,000; (2) Modifications to space flight operations facility, Jet Propulsion Laboratory, $9,300,000; (3) Rehabilitation of utility control svstem, various buildings, Ljmdon B. Johnson Space Center, $680,000; (4) Construction of waste material incinerator, John F. Kennedy Space Center, $895,000; (5) Repair of operations and checkout building roof, John F. Kennedy Space Center, $825,000; (6) Modifications for enhanced 20-inch supersonic wind tunnel, Langley Research Center, $2,950,000; (7) Modifications for high pressure turbine corrosion and thermal fatigue testing, Lewis Research Center, $1,200,000; (8) Modification and relocation of 26-meter antenna, STDN, Goldstone, CaUfomia, $4,700,000; (9) Relocation of Do&-44 antenna to Tidbinbilla, Australia, $2,200,000; (10) Space Shuttle facilities at various locations as follows: (A) Construction of solid rocket booster processing and segment storage facilities, John F. Kennedy Space Center, $12,400,000; (B) Modifications to firing rooms, John F. Kennedy Space Center, $3,100,000; (C) Modification of manufacturing and final assembly facilities for external tanks, Michoud Assembly Fadlily, $2,785,000;

9-194 O—82

78:QL3

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Page:United States Statutes at Large Volume 95.djvu/1234

 95 STAT. 1208

Research and program management. Research and development.

Scientific consultations or extraordinary expenses.

PUBLIC LAW 97-96—DEC. 21, 1981

(D) Modifications to Building 30 for Shuttle operations, Lyndon B. Johnson Space Center, $650,000; (E) Minor Shuttle-unique projects, various locations, $1,115,000; (11) Repair of facilities at various locations, not in excess of $500,000 per project, $12,800,000; (12) Rehabilitation and modification of facilities at various locations, not in excess of $500,000 per project, $17,700,000; (13) Minor construction of new facilities and additions to existing facilities at various locations, not in excess of $250,000 per project, $2,320,000; and (14) Facility planning and design not otherwise provided for, $10,000,000. (c) For "Research and program management", $1,114,300,000 and such additional or supplemental amounts as may be necessary for increases in salary, pay, retirement, or other employee benefits authorized by law. (d) Notwithstanding the provisions of subsection 1(g), appropriations hereby authorized for "Research and development" may be used (1) for any items of a capital nature (other than acquisition of land) which may be required at locations other than installations of the Administration for the performance of research and development contracts, and (2) for grants to nonprofit institutions of higher education, or to nonprofit organizations whose primary purpose is the conduct of scientific research, for purchase or construction of additional research facilities; and title to such facilities shall be vested in the United States unless the Administrator determines that the national program of aeronautical and space activities will best be served by vesting title in any such grantee institution or organization. Each such grant shall be made under such conditions as the Administrator shall determine to be required to insure that the United States will receive therefrom benefit adequate to justify the making of that grant. None of the funds appropriated for "Research and development" pursuant to this Act may be used in accordance with this subsection for the construction of any major facility, the estimated cost of which, including collateral equipment, exceeds $250,000, unless the Administrator or his designee has notified the Speaker of the House of Representatives and the President of the Senate and the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate of the nature, location, and estimated cost of such facility. (e) When so specified and to the extent provided in an appropriation Act, (1) any amount appropriated for "Research and development" or for "Construction of facilities" may remain available without fiscal year limitation, and (2) maintenance and operation of facilities, and support services contracts may be entered into under the "Research and program management" appropriation for periods not in excess of 12 months beginning at any time during the fiscal year. (f) Appropriations made pursuant to subsection 1(c) may be used, but not to exceed $25,000, for scientific consultations or extraordinary expenses upon the approval or authority of the Administrator and his determination shall be final and conclusive upon the accounting officers of the Government. (g) Of the funds appropriated pursuant to subsections 1(a) and 1(c), not in excess of $75,000 for each project, including collateral equipment, may be used for construction of new facilities and additions to

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Page:United States Statutes at Large Volume 95.djvu/1235

 PUBLIC LAW 97-96—DEC. 21, 1981

95 STAT. 1209

existing facilities, and for repair, rehabilitation, or modification of facilities: Provided, That, of the funds appropriated pursuant to subsection 1(a), not in excess of $250,000 for each project, including collateral equipment, may be used for any of the foregoing for unforeseen programmatic needs. SEC. 2. Authorization is hereby granted whereby any of the amounts prescribed in paragraphs (1) through (13), inclusive, of subsection lOt))— (1) in the discretion of the Administrator or his designee, may be varied upward 10 percent, or (2) following a report by the Administrator or his designee to the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the circumstances of such action, may be varied upward 25 percent, to meet unusual cost variations, but the total cost of all work authorized under such paragraphs shall not exceed the total of the amounts specified in such paragraphs. SEC. 3. Not to exceed one-half of 1 percent of the funds appropriated pursuant to subsection 1(a) hereof may be transferred to the "Construction of facilities" appropriation, and, when so transferred, together with $10,000,000 of the funds appropriated pursuant to subsection 1(b) hereof (other than funds appropriated pursuant to paragraph (14) of such subsection) shall be available for expenditure to construct, expand, or modify laboratories and other installations at any location (including locations specified in subsection 1(b)), if (1) the Administrator determines such action to be necessary because of changes in the national program of aeronautical and space activities or new scientific or engineering developments, and (2) he determines that deferral of such action until the enactment of the next authorization Act would be inconsistent with the interest of the Nation in aeronautical and space activities. The funds so made available may be expended to acquire, construct, convert, rehabilitate, or install permanent or temporary public works, including land acquisition, site preparation, appurtenances, utilities, and equipment. No portion of such sums may be obligated for expenditure or expended to construct, expand, or modify laboratories and other installations unless (A) a period of 30 days has passed after the Administrator or his designee has transmitted to the Speaker of the House of Representatives and to the President of the Senate and to the Committee on Science and Technology of the House of Representatives and to the Committee on Commerce, Science, and Transportation of the Senate a written report containing a full and complete statement concerning (i) the nature of such construction, expansion, or modification, (ii) the cost thereof including the cost of any real estate action pertaining thereto, and (iii) the reason why such construction, expansion, or modification is necessary in the national interest, or (B) each such committee before the expiration of such period has transmitted to the Administrator written notice to the effect that such committee has no objection to the proposed action. SEC. 4. Notwithstanding any other provision of this Act— (1) no amount appropriated pursuant to this Act may be used for any program deleted by the Congress from requests as originally made to either the House Committee on Science and Technology or the Senate Committee on Commerce, Science, and Transportation,

Report to congressional committees.

Transfer of funds.

Report to congressional committees.

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Page:Bulletin of the Geological Society of America 3 59-60.djvu/1

 them with firmness; but in upholding them he never descended to personalities, and no word was ever uttered by him that left a sting on the memoroy of his opponent, even when vanquished. He was wise and learned, a kind and true friend, an exemplary citizen, and, best of all, an honest man.

The motion was unanimously adopted by a rising vote. The first title on the printed program was passed over, and the following paper was presented:

One of the uppermost divisions of the Silurian system of the state of New York and western Canada, the Waterlime group, is characterized by a peculiar fauna of large crustaceans, Eurypterus, Pterygotus, Ceratiocaris, etc. It has already been said by Sir Rhoderick Murchison that this fauna shows a great resemblance to similar crustacean faunas of the uppermost Silurian strata of Great Britain, the shales of Lesmahago in Lanarkshire and in some places near Ludlow, where the crustaceans are associated with a small Lingula, the characteristic Platyschisma helicites, and divers fish remains.

But still greater seems to be the resemblance of the American Waterlime fauna to our Eurypterus beds of the island of Oesel, in the eastern Baltic, because the most characteristic forms of both localities are two very nearly allied species of Eurypterus—the E. remipes of America and the E. fischeri, Eich., with us. Besides the Eurypterus, we have a large Pterygotus, the P. osiliensis (aff. P. bilobus, Salt.), two species of Bunodes, Eich. (connected with the English Hemiaspis), and a large Ceratiocaris, the C. nötlingi, similar to the C. maccoyanus of America.

Last summer a local collector, Mr. Simonsohn, of Wenden, in Livonia, found the metastoma of the genus Dolichopterus, hitherto only known from the American Waterlime; and so the resemblance between the American and Russian eurypterids becomes greater.

The most famous locality of our Eurypterus beds is Rootzikull, near Kielkond. Here, besides the crustaceans, we have also found fish remains—two cephalaspidean genera, Thyestes, Eich., and Tremataspis, described some years ago by Eichwald, Pander and myself. Now we have better specimens, which will be described soon by Dr. I. Rohon, of St. Petersburg, who has also lately described the first real fish remains of the Lower Silurian, from the greensand at the base of the Silurian, at Wessiks. These Eurypterus beds, consisting mostly of yellow dolomitic flagstones, are overlain by thin marly deposits, only a few inches thick, filled with small


text:
Page:United States Statutes at Large Volume 95.djvu/1236

 95 STAT. 1210

PUBLIC LAW 97-96—DEC. 21, 1981

(2) no amount appropriated pursuant to this Act may be used for any program in excess of the amount actually authorized for that particular program by subsections 1(a) and 1(c), and (3) no amount appropriated pursuant to this Act may be used for any program which has not been presented to or requested of either such committee, Notification to unless (A) a period of 30 days has passed after the receipt by the congressional Speaker of the House of Representatives and the President of the committees. Senate and each such committee of notice given by the Administrator or his designee 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 (B) each such committee before the expiration of such period has transmitted to the Administrator written notice to the effect that such committee has no objection to the proposed action. Federal research SEC. 5. It is the sense of the Congress that it is in the national funds, interest that consideration be given to geographical distribution of geographical Federal research funds whenever feasible, and that the National distribution. Aeronautics and Space Administration should explore ways and 42 USC 2459 note. means of distributing its research and development funds whenever feasible. SEC. 6. Section 7 of title 18, United States Code, is amended by inserting at the end thereof the following new paragraph: "(6) Any vehicle used or designed for flight or navigation in space and on the registry of the United States pursuant to the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies and the Convention on Registration of Objects Launched into Outer Space, while that vehicle is in flight, which is from the moment when all external doors are closed on Earth following embarkation until the moment when one such door is opened on Earth for disembarkation or in the case of a forced landing, until the competent authorities take over the responsibility for the vehicle and for persons and property aboard.". 42 USC 2451 SEC. 7. The National Aeronautics and Space Act of 1958, as note. amended, is amended by inserting at the end of section 305, the 42 USC 2457. following new subsections: "(k) Any object intended for launch, launched, or assembled in outer space shall be considered a vehicle for the purpose of section 272 of title 35, United States Code. "(1) The use or manufacture of any patented invention incorporated in a space vehicle launched by the United States Government for a person other than the United States shall not be considered to be a use or manufacture by or for the United States within the meaning of section 1498(a) of title 28, United States Code, unless the Administration gives an express authorization or consent for such use or manufacture.".

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Page:United States Statutes at Large Volume 95.djvu/1237

 PUBLIC LAW 97-96—DEC. 21, 1981

95 STAT. 1211

SEC. 8. Section 6 of the National Aeronautics and Space Adminis- Repeal. tration Authorization Act, 1970, as amended (42 U.S.C. 2462), is repealed. SEC 9. Appropriations hereby authorized for space transportation system upper stages in section l(a)(2) shall not be used to initiate solesource procurement of a new upper stage until NASA in cooperation with other agencies has reviewed alternative systems and assessed competitive procurement of a new upper stage to satisfy national requirements, and until 30 days after reporting its findings to the authorizing committees of the House of Representatives and the Senate. SEC. 10. This Act may be cited as the "National Aeronautics and Short title. Space Administration Authorization Act, 1982". Approved December 21, 1981.

LEGISLATIVE HISTORY—S. 1098 (H.R. 1257): HOUSE REPORTS: No. 97-32 accompanying H.R. 1257 (Comm. on Science and Technology) and No. 97-351 (Comm. of Conference). SENATE REPORT No. 97-100 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 127 (1981): May 21, considered and passed Senate. June 23, H.R. 1257 considered and passed House; proceedings vacated and S. 1098, amended, passed in lieu. Nov. 23, Senate agreed to conference report. Dec. 8, House agreed to conference report.

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Page:United States Statutes at Large Volume 95.djvu/1238

 95 STAT. 1212

PUBLIC LAW 97-97—DEC. 21, 1981

Public Law 97-97 97th Congress An Act Dec. 21, 1981 [H.R. 4845]

Robert V. BuSding anf^ Courthouse. Designation.

ij«p designate the building known as the Lincoln Federal Building and Courthouse in Lincoln, Nebraska, as the "Robert V. Denney Federal Building and Courthouse".

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That the building located at 100 Centennial Mall, Lincoln, Nebraska, known as the Lincoln Federal Building and Courthouse, shall hereafter be known and designated as the "Robert V. Denney Federal Building and Courthouse". Any reference in a law, map, regulation, document, record, or other paper of the United States to that building shall be deemed to be a reference to the "Robert V. Denney Federal Building and Courthouse". Approved December 21, 1981.

LEGISLATIVE HISTORY—H.R. 4845 (S. 1837): HOUSE REPORT No. 97-325 (Comm. on Public Works and Transportation). SENATE REPORT No. 97-289 accompanying S. 1837 (Comm. on Environment and Public Works). CONGRESSIONAL RECORD, Vol. 127 (1981): Nov. 16, considered and passed House. Dec. 11, considered and passed Senate, in lieu of S. 1837.

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Page:United States Statutes at Large Volume 95.djvu/1239

 PUBLIC LAW 97-98—DEC. 22, 1981

95 STAT. 1213

Public Law 97-98 97th Congress An Act To provide price and income protection for farmers, assure consumers an abundance of food and fiber at reasonable prices, continue food assistance to low-income households, and for other purposes.

Dec. 22, 1981 [S. 884]

Be it enacted by the Senate and House of Representatives of the United States of America in (Congress assembled, That this Act, with Agriculture and the following table of contents, may be cited as the "Agriculture and ^ ^^^^of ^^?i Food Act of 1981". ^ ^^ ^^^^ "°*^ TABLE OF CONTENTS TITLE I—DAIRY Sec. Sec. Sec. Sec. Sec. Sec. Sec.

101. Federal milk marketing orders. 102. L^al status of producer handlers. 103. MUk price support 104. Transfer of daky products to veterans hospitals and the military. 105. Dairy indemnity program. 106. Reduction of dcdry product inventories. 107. Dairy program operation report. TITLE n—WOOL AND MOHAIR

Sec. 201. Extension of support program; support price. TITLE m—WHEAT Sec. 301. Loan rates, target prices, disaster payments, wheat acreage reduction and set-aside program, and Iand diversion for the 1982 through 1985 crops of wheat. Sec. 302. Nonapplicability of certiHcate requirements. Sec. 303. Suspension of marketing quotas and producer certificate provisions. Sec. 304. Suspension of quota provisions. Sec. 305. Nonapplicability of section 107 of the Agricultural Act of 1949 to the 1982 through 1985 crops of wheat. TITLE IV—FEED GRAINS Sec. 401. Loan rates, target prices, disaster payments, feed grain acreage reduction and set-aside program, and land diversion for the 1982 through 1985 crops of feed grains. Sec. 402. Nonapplicability of section 105 of the Agricultural Act of 1949 to the 1982 through 1985 crops of feed grains. TITLE V—COTTON Sec. 501. Suspension of base acreage allotments, marketing quotas and related provisions. Sec. 502. Loan rates and target prices, disaster payments, cotton acreage reduction pn^am, and land diversion for the 1982 through 1985 crops of upland cotton. Sec. 503. Commodity Credit Corporation sales price restrictions. Sec. 504. Miscellaneous cotton provisions. Sec. 505. Skiprow practices. Sec. 506. Preliminary allotments for 1986 crop of upland cotton. Sec. 507. Upland cotton loan difTerentials. Sec. 508. Extra long staple cotton price support.

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Page:United States Statutes at Large Volume 95.djvu/1240

 95 STAT. 1214

PUBLIC LAW 97-98—DEC. 22, 1981 TITLE VI—RICE

Sec. 601. Repeal of provisions relating to national acreage allotments, allocations, apportionment, marketing quotas, and penalties. Sec. 602. Loan rates, target prices, disaster payments, rice acreage reduction program, and land diversion for the 1982 through 1985 crops of rice. Sec. 603. Report on trading of rice futures. TITLE Vn-PEANUTS Sec. Sec. Sec. Sec. Sec. Sec. Sec.

701. Suspension of marketing quotas and acreage allotments. 702. National poundage quota and farm poundage quota. 703. Sale, lease, or transfer of farm poundage quota. 704. Marketing penalties; disposition of additional peanuts. 705. Price support program. 706. Reports and records. 707. Suspension of certain price support provisions. TITLE Vin—SOYBEANS

Sec. 801. Soybean price support. TITLE IX—SUGAR Sec. 901. Sugar price support. TITLE X—GRAIN RESERVES AND NATIONAL AGRICULTURAL COST OF PRODUCTION STANDARDS REVIEW BOARD Subtitle A—Grain Reserves \

/

Sec. Sec. Sec. Sec.

1001. Producer reserve program for wheat and feed grains. 1002. Forgiveness of violations. 1003. Disaster reserve. 1004. Conforming amendment.

Subti,tle B—National Agricultured Cost of Production Standards Review Board Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

1005. Establishment of Board. 1006. Membership of Board. 1007. Functions of Board. 1008. Board meetings. 1009. Recommendations to Secretary. 1010. Reports. 1011. Support services. 1012. Compensation. 1013. Authorization for appropriations. 1014. Termination. TITLE XI—MISCELLANEOUS Subtitle A—Miscellaneous Commodity Provisions

Sec. 1101. Pajmient limitations for wheat, feed grains, upland cotton, and rice. Sec. 1102. Finality of determinations. Sec. 1103. Commodity Credit Corporation sales price restrictions for wheat and feed grains. Sec. 1104. Application of terms in the Agricultural Act of 1949. Sec. 1105. Supplemental set-aside and acreage limitation authority. Sec. 1106. Normally planted acreage and teii^et prices. Sec. 1107. Normal supply. Sec. 1108. Nonquota tobacco subject to quota. Sec. 1109. Tobacco program cost. Subtitle B—General Provisions Sec. Sec. Sec. Sec.

1110. Special grazing and hay program. 1111. Emerg^ency feed program. 1112. Farm income protection insurance program study. 1113. State agency authority for grain inspections at export port locations.

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Page:United States Statutes at Large Volume 95.djvu/1241

 PUBLIC LAW 97-98—DEC. 22, 1981 See. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

95 STAT. 1215

1114. Distribution of surplus commodities; special nutiition projects. 1116. Perishable agricultural commodities. 1116. Department of Agriculture advisory committees. 1117. C!ost of production study. 1118. Unlawful to ofTer for sale or advertise protected seed when not certified by a State agency. 1119. Protection agamst the introduction and dissemination of plant pests. 1120. Authority to release bee germ plasm. 1121. User fees for reports and publications. 1122. Inspection and other standards for imported meat products. TITLE Xn-AGMCULTURAL EXPORTS AND PUBLIC LAW 480 Subtitle A—General Export Provisions

Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

1201. Agricultural Export Credit Revolving Fund. 1202. Congressional consultation on bilateral commodity supply agreements. 1203. Special standby export subsidy program. 1204. Agricultural embargo protection. 1205. Development of plans to alleviate adverse impact of export embargoes on agricultural commodities. 1206. Consultation on grain marketing. 1207. Expansion of international markets for United States agricultural commodities and products thereof. 1208. Increased usage of protein byproducts derived from alcohol fUel production. 1209. Exemption for protein byproducts. Subtitle B—Public Law 480

Sec. 1210. Self-help measures to increase agricultural production; verification of self-help provisions. Sec. 1211. Requirement for invitations for bids on title I purchases. Sec. 1212. Title n authorization ceiling. Sec. 1213. Overseas market development. Sec. 1214. Valuation of commodities. Sec. 1215. Annual report. Sec. 1216. Extension of program. TITLE Xm-FOOD STAMP AND COMMODITY DISTRIBUTION AMENDMENTS OF 1981 Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sea

1301. Short title. 1302. Household definition. 1303. Alaska's thrifty food plan. 1304. Adjustment of the thrifty food plan. 1305. Remibursement exclusion. 1306. Energy assistance payments; excluded payments of other programs. 1307. Disallowance of deductions for expenses paid by vendor payments. 1308. Attribution of income and resources to sponsored aliens. 1309. Resources. 1310. Annualization of work registration. 1311. Work requirements. 1312. State issuance liability. 1313. Access of Comptroller General to information. 1314. Reporting of abuses by the public. 1315. Retail redemption. 1316. Sixl^-day transfer of certification. 1317. Notice of verification. 1318. Recertification notice. 1319. Disclosure of information to Comptroller General, law enforcement ofiBcials. 1320. Restoration of lost benefits. 1321. Information. 1322. Nutrition education pn^ram. 1323. Alaskan fee agents. 1324. Minimum mandatory court sentence for criminal ofTenses; work restitution program. 1325. Staffing. 1326. Incentives for error reduction efforts and corrective action plans. 1327. Social Security account numbers.

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Page:United States Statutes at Large Volume 95.djvu/1242

 95 STAT. 1216

PUBLIC LAW 97-98—DEC. 22, 1981

Sec. 1328. Extending and amending cash-out pilot progects. Sec. 1329. Nutritional monitoring. Sec. 1330. Pilot projects to simplify the processing of applications for certain AFDC, SSI, and Medicaid recipients. Sec. 1331. Food stamp functing and program extension. Sec. 1332. Incentives, sanctions, and cuums. Sec. 1333. Workfare. Sec. 1334. Extension of authorities, penalties for fraud, and misoellaneous provisions. Sec. 1335. Commodit3r supplemental food program—pilot projects for the elderly and administrative costs. Sec. 1336. Food distribution program for certain Indian households. Sec. 1337. Authority of Office of Inspector General. Sec. 1338. Effective date. TITLE XIV-NATIONAL AGRICULTURAL RESEARCH, EXTENSION, AND TEACHING POLICY ACT AMENDMENTS OF 1981 Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

1401. Short title. 1402. Findings. 1403. Purposes. 1404. Definitions. 1405. Responsibilitiesof the Secretary and coordinating role of the Department of Agriculture. 1406. Subcommittee on Food, Agricultural, and Forestry Research. 1407. Joint Council on Food and Agricultural Sciences. 1408. National Agricultural Research and Extension Users Advisory Board. 1409. Existing research programs. 1410. Federal-State partnership. 1411. Secretary's report. 1412. Libraries and information network. 1413. Staff* support for the Joint Council and the Advisory Board. 1414. General provisions; additional Assistant Secretary of Agriculture. 1415. Program for competitive, special, and facilities grants for agricultural research. 1416. Amendments to the Research Facilities Act of 1963. 1417. Apportionment of funds appropriated for schools of veterinary medicine. 1418. Federal support of higher education in the food and agricultural sciences. 1419. Transfer of functions under the Second Morrill Act. 1420. National Agricultural Science Award. 1421. Redesignation of instruction funding. 1422. Alcohol and industrial hydrocarbons. 1423. Nutrition education program. 1424. Repeal of section 1426 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977, 1425. Human nutrition research and information management system. 1426. Conforming amendment. 1427. Eligible institutions for animal health and disease research funds. 1428. Animal Health Science Research Advisory Board. 1429. Appropriations for animal health and disiease research programs at eligible institutions. 1430. Appropriations for research on specific national or r ^ o n a l animal health or disease problems. 1431. Extension at 1890 land-grant colleges, including Tuskegee Institute. 1432. Agriculture research in 1890 land%rant colleges, including Tuskegee Institute. 1433. Authority to award grants to upgrade 1890 land-grant college research facilities. 1434. Authorization for appropriations for solar energy model farms and demonstration projects. 1435. Solar energy definition. 1436. International ^ricultural research and extension. 1437. Authorization for appropriations for existing and certain new agriculture al research programs. 1438. Authorization for appropriations for extension programs. 1439. Miscellaneous provisions. 1440. Aquaculture and rangeland research. 1441. Cooperative State forestry. 1442. Prohibition against reduction of State funds upon increase in Federal allotment. 1443. Excess Federal property. 1444. Rural development and small farm research and extension.

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Page:United States Statutes at Large Volume 95.djvu/1243

 PUBLIC LAW 97-98—DEC. 22, 1981

95 STAT. 1217

Sec. 1445. Increased emphasis on marketing education programs for small and medium size fanuly farming operations. Sec. 1446. Soybean Research Advisory Institute. Sec. 1447. Administrative jurisdiction over lands. TITLE XV—RESOURCE CONSERVATION Subtitle A—Soil and Water Conservation Sec. 1501. Policy. Subtitle B—Special Areas Conservation Program Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

1502. Findings. 1503. Formulation and implementation of special areas conservation program. 1504. Program to be directed at specific problems. 1505. Contract limitations. 1506. Notification of Congress and approval of designations. 1507. Utilization of services and facilities. 1508. Improvement of technology. 1509. Authorization for appropriations. 1510. Report to Congress. 1511. Protection of participants.

Subtitle C—Amendments to the Small Watershed Program and to the BankheadJones Farm Tenant Act Sec. 1512. Amendments to small watershed program. Sec. 1513. Amendment to the Bankhead-Jones Farm Tenant Act Subtitle D—Matching Grants for Conservation Activities Sec. Sec. Sec. Sec. Sec. Sec.

1514. Grants program. 1515. Program implementation and review. 1516. Plans. 1517. Matching funds. 1518. Recdi^. 1519. Authorization for appropriations. Subtitle E—Conservation Loan Program

Sec. 1520. Conservation loans. Subtitle F—Reservoir Sedimentation Reduction Program Sec Sec. Sec. Sec. Sec.

1521. Formulation of program. 1522. Plans. 1523. Approval of plans. 1524. Authorization for appropriations. 1525. Report Subtitle G—Volunteers for Department of Agriculture Programs

Sec. 1526. Establishment of program. Sec. 1527. Authorization for appropriations. Subtitle H—Resource Conservation and Development Program Sea Sec. Sec Sec Sec. Sec. Sec Sec Sec Sec Sec

1528. Purpose. 1529. Definitions. 1530. Resource conservation and development program. 1531. Selection of new designated areas. 1532. Authority of the Secretary. 1533. Agreements? terms and conditions. 1534. Reaouroe Conservation and Development Poliqr Board. 1535. Evaluation of program. 1536. Limitation on provision of assistance. 1537. Suimlemental authority of the Secretary. 1538. Auuunization for appropriations.

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Page:United States Statutes at Large Volume 95.djvu/1244

 95 STAT. 1218

PUBLIC LAW 97-98—DEC. 22, 1981 Subtitle I—Farmland Protection Policy Act

Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

1539. Short title. 1540. Findings, purpose, and definitions. 1541. Farmland protection policy. 1542. Existing policies and procedures. 1543. Technictu assistance. 1544. Farmland resource information. 1545. Grants; contracts. 1546. Report. 1547. Statement of limitation. 1548. Prohibition. 1549. Effective date. Subtitle J—Miscellaneous Provisions

Sec. Sec. Sec. Sec. Sec.

1550. Local search and rescue operations. 1551. Reclamation. 1552. Payments for land removed from production for conservation purposes. 1553. Conservation tillage. 1554. R^ulations. TITLE XVI-CREDIT, RURAL DEVELOPME^fT, AND FAMILY FARMS

Sec. 1601. Farmers Home Administration real estate and operating loans to cooperatives. Sec. 1602. Equalizing access to credit for widows and other single parents. Sec. 1603. Lease of facilities. Sec. 1604. Borrower's net worth. Sec. 1605. Extension of the Emergency Agricultural Credit Ac^ustment Act of 1978. Sec. 1606. Farm storage facility loan program. Sec. 1607. Rural telephone bank amendment. Sec. 1608. United States policy on family farms. TITLE XVn-FLORAL RESEARCH AND CONSUMER INFORMATION Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

1701. Short title. 1702. Congressional findings and declaration of policy. 1703. Definitions. 1704. Floral research and promotion orders. 1705. Notice and hearing. 1706. Finding and issuance of an order. 1707. Required terms in orders. 1708. Permissive terms in orders. 1709. Requirement of referendum. 1710. Suspension and termination of orders. 1711. Provisions applicable to amendments. 1712. Exemptions. 1713. Producer or importer refund. 1714. Petition and review. 1715. Enforcement. 1716. Certification of organizations. 1717. Regulations. 1718. Investigations; power to subpena and take oaths and affirmations; aid of courts. Sec. 1719. Separability. Sec. 1720. Authorization. TITLE XVin—EFFECTIVE DATE Sec. 1801. Effective date.

TITLE I—DAIRY FEDERAL MILK MARKETING ORDERS

SEC. 101. (a) The Agricultural Adjustment Act, as reenacted and amended by the Agricultural Marketing Agreement Act of 1937, is further simended by—

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Page:United States Statutes at Large Volume 95.djvu/1245

 PUBLIC LAW 97-98—DEC. 22, 1981

95 STAT. 1219

(1) striking out in subparagraph (B) of subsection 8c(5) all that 7 USC 608c part of said subparagraph (B) which follows the comma at the end of clause (c) and inserting in lieu thereof the following: "(d) a further adjustment to encours^e seasonal adjustments in the production of milk through equitable apportionment of the total value of the milk purchased by any handler, or by all handlers, among producers on the basis of their marketings of milk during a representative period of time, which need not be limited to one year, and (e) a provision providing for the accumulation and disbursement of a fund to encourage seasonal adjustments in the production of milk may be included in an order."; (2) striking out the period at the end of subsection 8c(17) and adding in lieu thereof the following: ": Provided further, That if one-third or more of the producers as defined in a milk order apply in writing for a heeuing on a proposed amendment of such order, the Secretary shall call such a hearing if the proposed amendment is one that may legally be made to such order. Subsection (12) of this section shall not be construed to permit any cooperative to act for its members in an application for a hearing under the foregoing proviso and nothing in such proviso shall be construed to preclude the Secretary from calling an amendment hearing as provided in subsection (3) of this section. The Secretary shall not be required to call a hearing on any proposed amendment to an order in response to an application for a hearing on such proposed amendment if the application requesting the hearing is received by the Secretary within ninety days after the date on which the Secretary has announced the decision on a previously proposed amendment to such order and the two proposed amendments are essentially the same."; and (3) inserting after the phrase "pure and wholesome milk" in section 8c(18) the phrase "to meet current needs and further to assure a level of farm income adequate to maintain productive capacity sufficient to meet anticipated future needs". (b) The provisions of subsection (a) shall become effective January Effective date. 1, 1982, and shall terminate December 31, 1985.

7 USC 608c note.

LEGAL STATUS OF PRODUCER HANDLERS

SEC. 102. The legal status of producer handlers of milk under the provisions of the Agricultural Adjustment Act, as reenacted and amended by the Agricultural Marketing Agreement Act of 1937, shall be the same subsequent to the adoption of the amendment made by the Agriculture and Food Act of 1981 as it was prior thereto.

7 USC 608c note 7 USC 601 note.

MILK PRICE SUPPORT

SEC. 103. Section 201 of the Agricultural Act of 1949, as amended by section 150 of the Omnibus Budget Reconciliation Act of 1981, is Ante, p. 369. amended by— (1) striking out everything in subsection (c) after the first sentence and inserting in lieu thereof the following: "Notwithstanding the foregoing, (1) effective for the period beginning with the date of enactment of this sentence and ending September 30, 1982, the price of milk shall be supported at such level as determined by the Secretary, but not less than $13.10 per hundredweight for milk containing 3.67 per centum milk fat; and (2) effective for each of the fiscal years ending September 30, 1983, September 30, 1984, and September 30, 1985, the price of

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Page:United States Statutes at Large Volume 95.djvu/1246

 95 STAT. 1220

PUBLIC LAW 97-98—DEC. 22, 1981 milk shall be supported at such level as determined by the Secretary, but not less than $13.25, $14.00, and $14.60, respectively, per hundredweight for milk containing 3.67 per centum milk fat: Provided, That, for each fiscal year during the period beginning October 1, 1982, and ending September 30, 1985, if the Secretary estimates as of the beginning of any such fiscal year that the net cost of Government price support purchases of milk or the products of milk will be less than $1,000,000,000 during the fiscal year, the price of milk shall be supported at such level as determined by the Secretary, but not less than 70 per centum of the parity price therefor as of the beginning of the relevant fiscal year: Provided further, That if the Secretary estimates that net Government price support purchases of milk or the products of milk will be less than 4.0 billion pounds (milk equivalent) in fiscal year 1983; 3.5 billion pounds (milk equivalent) in fiscal year 1984; and 2.69 billion pounds (milk equivalent) infiscalyear 1985, the price of milk shall be supported at such level as determined by the Secretary, but not less than 75 per centum of the parity price therefor as of the beginning of the relevant fiscal year. Such price support shall be provided through the purchase of milk and the products of milk."; and (2) repealing subsection (d). TRANSFER OF DAIRY PRODUCTS TO VETERANS HOSPITALS AND THE MILITARY

7 USC 1446a.

SEC. 104. Section 202 of the Agricultural Act of 1949 is amended by striking out "1981" in subsections (a) and (b) and inserting in lieu thereof "1985". DAIRY INDEMNITY PROGRAM

7 USC 450/.

SEC. 105. Section 3 of the Act of August 13, 1968 (7 U.S.C. 4501), is amended by striking out "1981" and inserting in lieu thereof "1985". REDUCTION OF DAIRY PRODUCT INVENTORIES

7 USC 1446C-1.

SEC. 106. The Secretary of Agriculture shall utilize, to the fullest extent practicable, the authorities under the Commodity Credit 15 USC 714 note. Corporation Charter Act (including exportation of dairy products at not less than prevailing world market prices), the ^ricultural Trade 7 USC 1691 note. Development and Assistance Act of 1954 (Public Law 480), and other authorities available to the Secretary to reduce inventories of dairy products held by the Commodity Credit Corporation so as to reduce net Commodity Credit Corporation expenditures to the estimated outlays for the milk price support program used in developing budget 31 USC 1301 outlays under the Congressional Budget Act of 1974 for the approprinote. atefiscalyear. DAIRY PROGRAM OPERATION REPORT

7usei446c-i note-

SEC. 107. Not later than December 31, 1982, the Secretary of Agriculture shall submit to the House Committee on Agriculture and the Senate Committee on Agriculture, Nutrition, and Forestry a report describing the strengths and weaknesses of existing Federal programs, and the consequences of possible new programs, for controlling or minimizing surpluses of fiuid milk and the products thereof. The report shall include, but need not be limited to, an assessment, on

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