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Page:United States Statutes at Large Volume 96 Part 2.djvu/490

 96 STAT. 1852

Funds and contract authorizations, exemptions. Ante, pp. 928, 929. 31 USC 1511, 1512. Airborne alert expenses. Active duty military personnel increases.

Report to Congress.

Commissary stores.

PUBLIC LAW 97-377—DEC. 21, 1982

scrap bailing or shearing or for melting or sweating aluminum scrap unless the Secretary of Defense or an Assistant Secretary of Defense designated by him determines, with respect to each facility involved, that the operation of such facility is in the national interest. SEC. 713. (a) During the current fiscal year, the President may exempt appropriations, funds, and contract authorizations, available for military functions under the Department of Defense, from the provisions of subsection (c) of section 3679 of the Revised Statutes, as amended, whenever he deems such action to be necessary in the interest of national defense. (b) Upon determination by the President that such action is necessary, the Secretary of Defense is authorized to provide for the cost of an airborne alert as an excepted expense in accordance with the provisions of section 3732 of the Revised Statutes (41 U.S.C. 11). (c) Upon determination by the President that it is necessary to increase the number of military personnel on active duty subject to existing laws beyond the number for which funds are provided in this Act, the Secretary of Defense is authorized to provide for the cost of such increased military personnel, as an excepted expense in accordance with the provisions of section 3732 of the Revised Statutes (41 U.S.C. 11). (d) The Secretary of Defense shall immediately advise Congress of the exercise of any authority granted in this section, and shall report monthly on the estimated obligations incurred pursuant to subsections (b) and (c). SEC. 714. No appropriation contained in this Act shall be available in connection with the operation of commissary stores of the agencies of the Department of Defense for the cost of purchase (including commercial transportation in the United States to the place of sale but excluding all transportation outside the United States) and maintenance of operating equipment and supplies, and for the actual or estimated cost of utilities as may be furnished by the Government and of shrinkage, spoilage, and pilferage of merchandise under the control of such commissary stores, except as authorized under regulations promulgated by the Secretaries of the military departments concerned with the approval of the Secretary of Defense, which regulations shall provide for reimbursement therefor to the appropriations concerned and, notwithstanding any other provision of law, shall provide for the adjustment of the sales prices in such commissary stores to the extent necessary to furnish sufficient gross revenues from sales of commissary stores to make such reimbursement: Provided, That under such regulations as may be issued pursuant to this section all utilities may be furnished without cost to the commissary stores outside the continental United States and in Alaska: Provided further, That no appropriation contained in this Act shall be available to pay any costs incurred by any commissary store or other entity acting on behalf of any commissary store in connection with obtaining the face value amount of manufacturer or vendor cents-off discount coupons unless all fees or moneys received for handling or processing such coupons are reimbursed to the appropriation charged with the incurred costs: Provided further. That no appropriation contained in this Act shall be available in connection with the operation of commissary stores within the continental United States unless the Secretary of Defense has certified that items normally procured from commissary stores are not otherwise available at a reasonable distance and

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Page:United States Statutes at Large Volume 96 Part 2.djvu/491

 PUBLIC LAW 97-377—DEC. 21, 1982

96 STAT. 1853

a reasonable price in satisfactory quality and quantity to the military and civilian employees of the Department of Defense. SEC. 715. No part of the appropriations in this Act shall be available for any expense of operating aircraft under the jurisdiction of the armed forces for the purpose of proficiency flying, as defined in Department of Defense Directive 1340.4, except in accordance with regulations prescribed by the Secretary of Defense. Such regulations (1) may not require such flying except that required to maintain proficiency in anticipation of a member's assignment to combat operations and (2) such flying may not be permitted in cases of members who have been assigned to a course of instruction of ninety days or more. SEC. 716. No part of any appropriation contained in this Act shall be available for expense of transportation, packing, crating, temporary storage, drayage, and unpacking of household goods and personal effects in any one shipment having a net weight in excess of thirteen thousand five hundred pounds. SEC. 717. Vessels under the jurisdiction of the Department of Commerce, the Department of Transportation, the Department of the Army, the Department of the Air Force, or the Department of the Navy may be transferred or otherwise made available without reimbursement to any such agencies upon the request of the head of one agency and the approval of the agency having jurisdiction of the vessels concerned. SEC. 718. Not more than 20 per centum of the appropriations in this Act which are limited for obligation during the current fiscal year shall be obligated during the last two months of the fiscal year: Provided, That this section shall not apply to obligations for support of active duty training of civilian components or summer camp training of the Reserve Officers' Training Corps, or the National Board for the Promotion of Rifle Practice, Army. SEC. 719. During the current fiscal year the agencies of the Department of Defense may accept the use of real property from foreign countries for the United States in accordance with mutual defense agreements or occupational arrangements and may accept services furnished by foreign countries as reciprocal international courtesies or as services customarily made available without charge; and such agencies may use the same for the support of the United States forces in such areas without specific appropriation therefor. In addition to the foregoing, agencies of the Department of Defense may accept real property, services, and commodities from foreign countries for the use of the United States in accordance with mutual defense agreements or occupational arrangements and such agencies may use the same for the support of the United States forces in such areas, without specific appropriations therefor: Provided, That the foregoing authority shall not be available for the conversion of heating plants from coal to oil at defense facilities in Europe: Provided further. That within thirty days after the end of each quarter the Secretary of Defense shall render to Congress and to the Office of Management and Budget a full report of such property, supplies, and commodities received during such quarter. SEC. 720. During the current fiscal year, appropriations available to the Department of Defense for research and development may be used for the purposes of section 2353 of title 10, United States Code, and for purposes related to research and development for which expenditures are specifically authorized in other appropriations of the Service concerned.

Proficiency flying.

Household goods.

Vessels transfer. 40 USC 483a.

Obligated funds, limitation.

Foreign real property, commodities, and services.

31 USC 700a.

Report to Congress and OMB. Research and development funds.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/492

 96 STAT. 1854 Educational expenses, limitation.

Loyalty certificate or oath.

10 USC 2103

note. Procurement limitations.

PUBLIC LAW 97-377—DEC. 21, 1982

SEC. 721. No appropriation contained in this Act shall be available for the payment of more than 75 per centum of charges of educational institutions for tuition or expenses of off-duty training of military personnel (except with regard to such charges of educational institutions (a) for enlisted personnel in the pay grade E-5 or higher with less than 14 years' service, for which payment of 90 per centum may be made or (b) for military personnel in off-duty high school completion programs, for which payment of 100 per centum may be made), nor for the payment of any part of tuition or expenses for such training for commissioned personnel who do not agree to remain on active duty for two years after completion of such training: Provided, That the foregoing limitation shall not apply to the Program for Afloat College Education. SEC. 722. No part of the funds appropriated herein shall be expended for the support of any formally enrolled student in basic courses of the senior division. Reserve Officers' Training Corps, who has not executed a certificate of loyalty or loyalty oath in such form as shall be prescribed by the Secretary of Defense. SEC. 723. No part of any appropriation contained in this Act, except for small purchases in amounts not exceeding $10,000, shall be available for the procurement of any article of food, clothing, cotton, woven silk or woven silk blends, spun silk yarn for cartridge cloth, synthetic fabric or coated synthetic fabric, or wool (whether in the form of fiber or yarn or contained, in fabrics, materials, or manufactured articles), or specialty metals including stainless steel flatware, or hand or measuring tools, not grown, reprocessed, reused, or produced in the United States or its possessions, except to the extent that the Secretary of the Department concerned shall determine that satisfactory quality and sufficient quantity of any articles of food or clothing or any form of cotton, woven silk and woven silk blends, spun silk yarn for cartridge cloth, synthetic fabric or coated synthetic fabric, wool, or specialty metals including stainless steel flatware, grown, reprocessed, reused, or produced in the United States or its possessions cannot be procured as and when needed at United States market prices and except procurements outside the United States in support of combat operations, procurements by vessels in foreign waters, and emergency procurements or procurements of perishable foods by establishments located outside the United States for the personnel attached thereto: Provided, That nothing in this section shall preclude the procurement of foreign produced specialty metals used in the production or manufacture of weapons or weapons systems made outside the United States, except those specialty metals which contain nickel from Cuba, or the procurement of chemical warfare protective clothing produced outside the United States, if such procurement is necessary to comply with agreements with foreign governments: Provided further. That nothing herein shall preclude the procurement of foods manufactured or processed in the United States or its possessions: Provided further. That no funds herein appropriated shall be used for the payment of a price differential on contracts hereafter made for the purpose of relieving economic dislocations other than certain contracts not involving fuel made on a test basis by the Defense Logistics Agency with a cumulative value not to exceed $4,000,000,000, as may be determined by the Secretary of Defense pursuant to existing laws and regulations as not to be inappropriate therefor by reason of national security considerations: Provided further, That the Secretary specifically determines that there is a

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Page:United States Statutes at Large Volume 96 Part 2.djvu/493

 PUBLIC LAW 97-377—DEC. 21, 1982 reasonable expectation that offers will be obtained from a sufficient number of eligible concerns so that awards of such contracts will be made at a reasonable price and that no award shall be made for such contracts if the price differential exceeds 2.2 per centum: Provided further. That none of the funds appropriated in this Act shall be used except that, so far as practicable, all contracts shall be awarded on a formally advertised competitive bid basis to the lowest responsible bidder. SEC. 724. None of the funds appropriated by this Act shall be used for the construction, replacement, or reactivation of any bakery, laundry, or drycleaning facility in the United States, its territories or possessions, as to which the Secretary of Defense does not certify in writing, giving his reasons therefor, that the services to be furnished by such facilities are not obtainable from commercial sources at reasonable rates. SEC. 725. None of the funds appropriated by this Act may be obligated under section 206 of title 37, United States Code, for inactive duty training pay of a member of the National Guard or a member of a reserve component of a uniformed service for more than four periods of equivalent training, instruction, duty or appropriate duties that are performed instead of that member's regular period of instruction or regular period appropriate duty. SEC. 726. Appropriations contained in this Act shall be available for the purchase of household furnishings, and automobiles from military and civilian personnel on duty outside the continental United States, for the purpose of resale at cost to incoming personnel, and for providing furnishings, without charge, in other than public quarters occupied by military or civilian personnel of the Department of Defense on duty outside the continental United States or in Alaska, upon a determination, under regulations approved by the Secretary of Defense, that such action is advantageous to the Government. SEC. 727. During the current fiscal year, appropriations available to the Department of Defense for pay of civilian employees shall be available for uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901; 80 Stat. 508). SEC. 728. Funds provided in this Act for legislative liaison activities of the Department of the Army, the Department of the Navy, the Department of the Air Force, and the Office of the Secretary of Defense shall not exceed $9,100,000 for the current fiscal year: Provided, That this amount shall be available for apportionment to the Department of the Army, the Department of the Navy, the Department of the Air Force, and the Office of the Secretary of Defense as determined by the Secretary of Defense. SEC. 729. Of the funds made available by this Act for the services of the Military Airlift Command, $100,000,000 shall be available only for procurement of commercial transportation service from carriers participating in the civil reserve air fleet program; and the Secretary of Defense shall utilize the services of such carriers which qualify as small businesses to the fullest extent found practicable: Provided, That the Secretary of Defense shall specify in such procurement, performance characteristics for aircraft to be used based upon modern aircraft operated by the civil reserve air fleet. SEC. 730. During the current fiscal year, appropriations available to the Department of Defense for operation may be used for civilian clothing, not to exceed $40 in cost for enlisted personnel: (1) discharged for misconduct, unsuitability, or otherwise than honorably;

96 STAT. 1855

Inactive duty training pay.

Furnishings and automobiles, purchase.

Uniforms.

Legislative liaison activities.

Civil reserve air fleet.

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text: The New Student's Reference Work/Van Dyke, Henry Jackson


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Page:United States Statutes at Large Volume 96 Part 2.djvu/494

 96 STAT. 1856

Defense contractors advertising costs, limitation.

Transfer of funds.

Working capital funds.

Federal Employees Compensation Fund. Loan restrictions.

PUBLIC LAW 97-377—DEC. 21, 1982

(2) sentenced by a civil court to confinement in a civil prison or interned or discharged as an alien enemy; or (3) discharged prior to completion of recruit training under honorable conditions for dependency, hardship, minority, disability, or for the convenience of the Government. SEC. 731. No part of the funds appropriated herein shall be available for paying the costs of advertising by any defense contractor, except advertising for which payment is made from profits, and such advertising shall not be considered a part of any defense contract cost. The prohibition contained in this section shall not apply with respect to advertising conducted by any such contractor, in compliance with regulations which shall be promulgated by the Secretary of Defense, solely for (1) the recruitment by the contractor of personnel required for the performance by the contractor of obligations under a defense contract, (2) the procurement of scarce items required by the contractor for the performance of a defense contract, or (3) the disposal of scrap or surplus materials acquired by the contractor in the performance of a defense contract. SEC. 732. Upon determination by the Secretary of Defense that such action is necessary in the national interest, he may, with the approval of the Office of Management and Budget, transfer not to exceed $1,200,000,000 of working capital funds of the Department of Defense or funds made available in this Act to the Department of Defense for military functions (except military construction) between such appropriations or funds or any subdivision thereof, to be merged with and to be available for the same purposes, and for the same time period, as the appropriation or fund to which transferred: Provided, That such authority to transfer may not be used unless for higher priority items, based on unforeseen military requirements, than those for which originally appropriated and in no case where the item for which funds are requested has been denied by Congress: Provided further. That the Secretary of Defense shall notify the Congress promptly of all transfers made pursuant to this authority. SEC. 733. During the current fiscal year, cash balances in working capital funds of the Department of Defense established pursuant to section 2208 of title 10, United States Code, may be maintained in only such amounts as are necessary at any time for cash disbursements to be made from such funds: Provided, That transfers may be made between such funds in such amounts as may be determined by the Secretary of Defense, with the approval of the Office of Management and Budget, except that transfers between a stock fund account and an industrial fund account may not be made unless the Secretary of Defense has notified the Congress of the proposed transfer. Except in amounts equal to the amounts appropriated to working capital funds in this Act, no obligations may be made against a working capital fund to procure war reserve material inventory, unless the Secretary of Defense has notified the Congress prior to any such obligation. SEC. 734. Not more than $217,600,000 of the funds appropriated by this Act shall be made available for payment to the Federal Employees Compensation Fund, as established by 5 U.S.C. 8147. SEC. 735. No part of the funds appropriated under this Act shall be used to provide a loan, guarantee of a loan, or a grant to any applicant who has been convicted by any court of general jurisdiction of any crime which involves the use of or the assistance to others in the use of force, trespass, or the seizure of property under

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Page:United States Statutes at Large Volume 96 Part 2.djvu/495

 PUBLIC LAW 97-377—DEC. 21, 1982

96 STAT. 1857

control of an institution of higher education to prevent officials or students at such an institution from engaging in their duties or pursuing their studies. SEC. 736. None of the funds available to the Department of Defense shall be utilized for the conversion of heating plants from coal to oil at defense facilities in Europe. SEC. 737. None of the funds appropriated by this Act shall be available for any research involving uninformed or nonvoluntary human beings as experimental subjects: Provided, That this limitation shall not apply to measures intended to be beneficial to the recipient and consent is obtained from the recipient or a legal representative acting on the recipient's behalf SEC. 738. Appropriations for the current fiscal year for operation and maintenance of the active forces shall be available for medical and dental care of personnel entitled thereto by law or regulation (including charges of private facilities for care of military personnel, except elective private treatment); welfare and recreation; hire of passenger motor vehicles; repair of facilities; modification of personal property; design of vessels; industrial mobilization; installation of equipment in public and private plants; military communications facilities on merchant vessels; acquisition of services, special clothing, supplies, and equipment; and expenses for the Reserve Officers' Training Corps and other units at educational institutions. SEC. 739. No part of the funds in this Act shall be available to prepare or present a request to the Committees on Appropriations for the reprogramming of funds, unless for higher priority items, based on unforeseen military requirements, than those for which originally appropriated and in no case where the item for which reprogramming is requested has been denied by the Congress. SEC. 740. No funds appropriated by this Act shall be available to pay claims for nonemergency inpatient hospital care provided under the Civilian Health and Medical Program of the Uniformed Services for services available at a facility of the uniformed services within a 40-mile radius of the patient's residence: Provided, That the foregoing limitation shall not apply to payments that supplement primary coverage provided by other insurance plans or programs that pay for at least 75 per centum of the covered services. SEC. 741. None of the funds contained in this Act available for the Civilian Health and Medical Program of the Uniformed Services under the provisions of section 1079(a) of title 10, United States Code, shall be available for (a) services of pastoral counselors, or family and child counselors, or marital counselors unless the patient has been referred to such counselor by a medical doctor for treatment of a specific problem with results of that treatment to be communicated back to the physician who made such referral; Qo) special education, except when provided as secondary to the active psychiatric treatment on an institutional inpatient basis; (c) therapy or counseling for sexual dysfunctions or sexual inadequacies; (d) treatment of obesity when obesity is the sole or major condition treated; (e) surgery which improves physical appearance but which is not expected to significantly restore functions including, but not limited to, mammary augmentation, face lifts and sex gender changes except that breast reconstructive surgery following mastectomy and reconstructive surgery to correct serious deformities caused by congenital anomalies, accidental injuries and neoplastic surgery are not excluded; (f) reimbursement of any physician or other authorized individual provider of medical care in excess of the

Heat plant conversion. Uninformed or nonvoluntary experimental subjects.

Funds reprograming.

Health program, limitations.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/496

 96 STAT. 1858

10 USC 1071 et seq.

Unused accrued leave.

Enlisted aides, limitation. Public affairs activities.

22 USC 2777. 22 USC 2761. Senior ROTe unit, limitation.

PUBLIC LAW 97-377—DEC. 21, 1982

eightieth percentile of the customary charges made for similar services in the same locality where the medical care was furnished, as determined for physicians in accordance with section 1079(h) of title 10, United States Code; or (g) any service or supply which is not medically or psychologically necessary to prevent, diagnose, or treat a mental or physical illness, injury, or bodily malfunction as assessed or diagnosed by a physician, dentist, clinical psychologist, optometrist, podiatrist, certified nurse-midwife, certified nurse practitioner, or certified clinical social worker, as appropriate, except as authorized by section 1079(a)(4) of title 10, United States Code: Provided, That any changes in availability of funds for the Program made in this Act from those in effect prior to its enactment shall be effective for care received following enactment of this Act. SEC. 742. Appropriations available to the Department of Defense for the current fiscal year shall be available to provide an individual entitled to health care under chapter 55 of title 10, United States Code, with one wig if the individual has alopecia that resulted from treatment of malignant disease: Provided, That the individual has not previously received a wig from the Government. SEC. 743. Funds appropriated in this Act shall be available for the appointment, pay, and support of persons appointed as cadets and midshipmen in the two-year Senior Reserve Officers' Training Corps course in excess of the 20 percent limitation on such persons imposed by section 2107(a) of title 10, United States Code, but not to exceed 60 percent of total authorized scholarships. SEC. 744. None of the funds appropriated by this Act shall be available to pay any member of the uniformed service for unused accrued leave pursuant to section 501 of title 37, United States Code, for more than sixty days of such leave, less the number of days for which payment was previously made under section 501 after February 9, 1976. SEC. 745. None of the funds appropriated by this Act may be used to support more than 300 enlisted aides for officers in the United States Armed Forces. SEC. 746. No appropriation contained in this Act may be used to pay for the cost of public affairs activities of the Department of Defense in excess of $32,900,000. SEC. 747. None of the funds provided in this Act shall be available for the planning or execution of programs which utilize amounts credited to Department of Defense appropriations or funds pursuant to the provisions of section 37(a) of the Arms Export Control Act representing payment for the actual value of defense articles specified in section 21(a)(l) of that Act: Provided, That such amounts so credited shall be deposited in the Treasury as miscellaneous receipts as provided in 31 U.S.C. 484. SEC. 748. No appropriation contained in this Act shall be available to fund any costs of a Senior Reserve Officers' Training Corps unit— except to complete training of personnel enrolled in Military Science 4—which in its junior year class (Military Science 3) has for the four preceding academic years, and as of September 30, 1982, enrolled less than (a) seventeen students where the institution prescribes a four-year or a combination four- and two-year program; or (b) twelve students where the institution prescribes a two-year program: Provided, That, notwithstanding the foregoing limitation, funds shall be available to maintain one Senior Reserve Officers' Training (Dorps unit in each State and at each State-operated maritime academy: Provided further, That units under the consortium

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Page:United States Statutes at Large Volume 96 Part 2.djvu/497

 PUBLIC LAW 97-377—DEC. 21, 1982 system shall be considered as a single unit for purposes of evaluation of productivity under this provision: Provided further. That enrollment standards contained in Department of Defense Directive 1215.8 for Senior Reserve Officers' Training Corps units, as revised during fiscal year 1981, may be used to determine compliance with this provision, in lieu of the standards cited above. SEC. 749. (a) None of the funds appropriated by this Act or available in any working capital fund of the Department of Defense shall be available to pay the expenses attributable to lodging of any person on official business away from his designated post of duty, or in the case of an individual described under section 5703 of title 5, United States Code, his home or regular place of duty, when adequate government quarters are available, but are not occupied by such person. (b) The limitation set forth in subsection (a) is not applicable to employees whose duties require official travel in excess of fifty percent of the total number of the basic administrative work weeks during the current fiscal year. SEC. 750. (a) None of the funds appropriated by this Act shall be available to pay the retainer pay of any enlisted member of the Regular Navy, the Naval Reserve, the Regular Marine Corps, or the Marine Corps Reserve who is transferred to the Fleet Reserve or the Fleet Marine Corps Reserve under section 6330 of title 10, United States Code, on or after December 31, 1977, if the provisions of section 6330(d) of title 10, are utilized in determining such member's eligibility for retirement under section 6330(b) of title 10: Provided, That notwithstanding the foregoing, time creditable as active service for a completed minority enlistment, and an enlistment terminated within three months before the end of the term of enlistment under section 6330(d) of title 10, prior to December 31, 1977, may be utilized in determining eligibility for retirement: Provided further. That notwithstanding the foregoing, time may be credited as active service in determining a member's eligibility for retirement under section 6330(b) of title 10 pursuant to the provisions of the first sentence of section 6330(d) of title 10 for those members who had formally requested transfer to the Fleet Reserve or the Fleet Marine Corps Reserve on or before October 1, 1977. (b) None of the funds appropriated by this Act shall be available to pay that portion of the retainer pay of any enlisted member of the Regular Navy, the Naval Reserve, the Regular Marine Corps, or the Marine Corps Reserve who is transferred to the Fleet Reserve or the Fleet Marine Corps Reserve under section 6330 of title 10, United States Code, on or after December 31, 1977, which is attributable under the second sentence of section 6330(d) of title 10 to time which, after December 31, 1977, is not actually served by such member. SEC. 751. None of the funds appropriated by this Act for programs of the Central Intelligence Agency shall remain available for obligation beyond the current fiscal year, except for funds appropriated for the Reserve, which shall remain available until September 30, 1984. SEC. 752. None of the funds provided by this Act may be used to pay the salaries of any person or persons who authorize the transfer of unobligated and deobligated appropriations into the Reserve for Contingencies of the Central Intelligence Agency. SEC. 753. None of the funds appropriated by this Act may be used to support more than 9,901 full-time and 2,603 part-time military

96 STAT. 1859

Enlisted members, transfer; retainer pay.

CIA programs, fiscal year limitation.

Salaries, limitation.

Morale, welfare and recreation activities.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/498

 96 STAT. 1860

Abortion funding, limitation.

Claim payments to Federal Republic of Germany.

Ante, p. 877.

Procurement limitation.

PUBLIC LAW 97-377—DEC. 21, 1982

personnel assigned to or used in the support of Morale, Welfare, and Recreation activities as described in Department of Defense Instruction 7000.12 and its enclosures, dated September 4, 1980. SEC. 754. All obligations incurred in anticipation of the appropriations and authority provided in this Act are hereby ratified and confirmed if otherwise in accordance with the provisions of this Act. SEC. 755. None of the funds provided by this Act shall be used to perform abortions except where the life of the mother would be endangered if the fetus were carried to term. SEC. 756. None of the funds appropriated by this Act shall be used for the provision, care or treatment to dependents of members or former members of the Armed Services or the Department of Defense for the elective correction of minor dermatological blemishes and marks or minor anatomical anomalies. SEC. 757. None of the funds appropriated by this Act shall be available for the purchase of insignia for resale unless the sales price of such insignia is adjusted to the extent necessary to recover the cost of purchase of such insignia and the estimated cost of all related expenses, including but not limited to management, storage, handling, transportation, loss, disposal of obsolete material, and management fees paid to the military exchange systems: Provided, That amounts derived by the adjustment covered by the foregoing limitations may be credited to the appropriations against which the charges have been made to recover the cost of purchase and related expense. SEC. 758. None of the funds appropriated by this Act or heretofore appropriated by any other Act shall be obligated or expended for the payment of anticipatory possession compensation claims to the Federal Republic of Germany other than claims listed in the 1973 agreement (commonly referred to as the Global Agreement) between the United States and the Federal Republic of Germany. SEC. 759. During the current fiscal year the Department of Defense may enter into contracts to recover indebtedness to the United States pursuant to section 3 of the Federal Claims Collection Act of 1966, as codified at section 3711 of title 31, United States Code, and amended by Public Law 97-258, September 13, 1982, and any such contract entered into by the Department of Defense may provide that appropriate fees charged by the contractor under the contract to recover indebtedness may be payable from amounts collected by the contractor to the extent and under the conditions provided under the contract. SEC. 760. None of the funds appropriated by this Act shall be available for a contract for studies, analyses, or consulting services entered into without competition on the basis of an unsolicited proposal unless the head of the activity responsible for the procurement determines: (a) as a result of thorough technical evaluation, only one source is found fully qualified to perform the proposed work, or Ob) the purpose of the contract is to explore an unsolicited proposal which offers significant scientific or technological promise, represents the product of original thinking, and was submitted in confidence by one source, or (c) where the purpose of the contract is to take advantage of unique and significant industrial accomplishment by a specific concern, or to insure that a new product or idea of a specific concern is given financial support:

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Page:United States Statutes at Large Volume 96 Part 2.djvu/499

 PUBLIC LAW 97-377—DEC. 21, 1982 Provided, That this limitation shall not apply to contracts in an amount of less than $25,000, contracts related to improvements of equipment that is in development or production, or contracts as to which a civilian official of the Department of Defense, who has been confirmed by the Senate, determines that the award of such contract is in the interest of the national defense. SEC. 761. None of the funds appropriated by this Act shall be available to provide medical care in the United States on an inpatient basis to foreign military and diplomatic personnel or their dependents unless the Department of Defense is reimbursed for the costs of providing such care: Provided, That reimbursements for medical care covered by this section shall be credited to the appropriations against which charges have been made for providing such care. SEC. 762. None of the funds appropriated by this Act shall be obligated for the second career training program authorized by Public Law 96-347. SEC. 763. None of the funds appropriated or otherwise made available in this Act shall be obligated or expended for salaries or expenses during the current fiscal year for the purposes of demilitarization of surplus nonautomatic firearms less than.50 caliber. SEC. 764. During the current fiscal year, not to exceed $125,000,000 of the funds provided in this Act for the Civilian Health and Medical Program of the Uniformed Services may be used to conduct a test program in accordance with the following guidelines: In carrying out the provisions of sections 1079 and 1086 of title 10, United States Code, the Secretary of Defense, after consulting with the Secretary of Health and Human Services, may contract with organizations that assume responsibility for the maintenance of the health of a defined population, for the purpose of experiments and demonstration projects designed to determine the relative advantages and disadvantages of providing pre-paid health benefits: Provided, That such projects must be designed in such a way as to determine methods of reducing the cost of health benefits provided under such sections without adversely affecting the quality of care. Except as provided otherwise, the provisions of such a contract may deviate from the cost-sharing arrangements prescribed and the types of health care authorized under sections 1079 and 1086, when the Secretary of Defense determines that such a deviation would serve the purpose of this section. SEC. 765. None of the funds in this Act shall be available to execute a multiyear contract which employs any economic order quantity procurement or which includes an unfunded contingent liability in excess of $20,000,000 unless the Committees on Appropriations and Armed Services of the Senate and House of Representatives have been notified in advance: Provided, That no part of any appropriation contained in this Act shall be available to initiate multiyear procurement contracts for major weapons systems except as specifically provided herein. SEC. 766. None of the funds appropriated in this or any other Act for the Department of Defense shall be available for obligation to reimburse a contractor for the cost of commercial insurance that would protect against the costs of the contractor for correction of the contractor's own defects in materials or workmanship. SEC. 767. None of the funds appropriated by this Act which are available for payment of travel allowances for per diem in lieu of subsistence to enlisted personnel shall be used to pay such an

96 STAT. 1861

Foreign military and diplomatic personnel, medical care.

Second career training program. 94 Stat. 1150. Small arms demilitarization. Pre-paid health benefits, demonstration projects.

Major weapons systems, contract limitations.

Contractor insurance. 10 USC 2399 note. Travel allowances.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/500

 96 STAT. 1862

Retired or retainer pay, limitations.

10 USC 1201 et seq. 10 USC 1331 et seq. Alaska and Hawaii, transportation of household goods.

Indian labor and products. ehild advocacy and family counseling services. POMCUS transportation.

Transfer of military equipment or data to a foreign country.

PUBLIC LAW 97-377—DEC. 21, 1982

allowance to any enlisted member in an amount that is more than the amount of per diem in lieu of subsistence that the enlisted member is otherwise entitled to receive minus the basic allowance for subsistence, or pro rata portion of such allowance, that the enlisted member is entitled to receive during any day, or portion of a day, that the enlisted member is also entitled to be paid a per diem in lieu of subsistence: Provided, That if an enlisted member is in a travel status and is not entitled to receive a per diem in lieu of subsistence because the member is furnished meals in a Government mess, funds available to pay the basic allowance for subsistence to such a member shall not be used to pay that allowance, or pro rata portion of that allowance, for each day, or portion of a day, that such enlisted member is furnished meals in a Government mess. SEC. 768. Effective January 1, 1982, none of the funds appropriated by this Act shall be available to pay the retired pay or retainer pay of a member of the Armed Forces for any month who, on or after January 1, 1982, becomes entitled to retired or retainer pay, in an amount that is greater than the amount otherwise determined to be payable after such reductions as may be necessary to reflect adjusting the computation of retired pay or retainer pay that includes credit for a part of a year of service to permit credit for a part of a year of service only for such month or months actually served: Provided, That the foregoing limitation shall not apply to any member who before January 1, 1982: (a) applied for retirement or transfer to the Fleet Reserve or Fleet Marine Corps Reserve; (b) is being processed for retirement under the provisions of chapter 61 of title 10 or who is on the temporary disability retired list and thereafter retired under the provisions of sections 1210(c) or (d) of title 10; or (c) is retired or in an inactive status and would be eligible for retired pay under the provisions of chapter 67 of title 10, but for the fact that the person is under 60 years of age. SEC. 769. None of the funds appropriated by this Act shall be obligated under the competitive rate program of the Department of Defense for the transportation of household goods to or from Alaska and Hawaii. SEC. 770. None of the funds appropriated by this Act shall be available to approve a request for waiver of the costs otherwise required to be recovered under the provisions of section 21(e)(1)(C) of the Arms Export Control Act unless the Committees on Appropriations have been notified in advance of the proposed waiver. SEC. 771. So far as may be practicable Indian labor shall be employed, and purchases of the products of Indian industry may be made in open market in the discretion of the Secretary of Defense. SEC. 772. Funds available to the Department of Defense during the current fiscal year shall be available to establish a program to provide child advocacy and family counseling services to deal with problems of child and spouse abuse. SEC. 773. None of the funds appropriated by this Act shall be available for the transportation of equipment or materiel designated as Prepositioned Materiel Configured in Unit Sets (POMCUS) in Europe in excess of four division sets. SEC. 774. (a) None of the funds in this Act may be used to transfer any article of military equipment or data related to the manufacture of such equipment to a foreign country prior to the approval in writing of such transfer by the Secretary of the military service involved.

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 PUBLIC LAW 97-377—DEC. 21, 1982 (b) No funds appropriated by this Act may be used for the transfer of a technical data package from any Government-owned and operated defense plant manufacturing large caliber cannons to any foreign government, nor for assisting any such government in producing any defense item currently being manufactured or developed in a United States Government-owned, Government-operated defense plant manufacturing large caliber cannons. SEC. 775. None of the funds appropriated in this Act may be made available through transfer, reprograming, or other means for any intelligence or special activity different from that previously justified to the Congress unless the Director of Central Intelligence or the Secretary of Defense has notified the House and Senate Appropriations Committees of the intent to make such funds available for such activity. SEC. 776. Of the funds appropriated by this Act for strategic programs, the Secretary of Defense shall provide funds for the Advanced Technology Bomber program at a level at least equal to the amount provided by the committee of conference on this Act in order to maintain priority emphasis on this program. SEC. 777. Section 766(c) of the Department of Defense Appropriation Act, 1980, is amended by adding the following to the end thereof: ": Provided, That this limitation shall not apply to individuals who are at the top step of the compensation schedule, and who were employed as teachers in the Panama Canal Zone on September 30, 1979. This modification shall become effective on August 1, 1982". SEC. 778. None of the funds available to the Department of Defense during the current fiscal year shall be used by the Secretary of a military department to purchase coal or coke from foreign nations for use at United States defense facilities in Europe when coal from the United States is available. SEC. 779. None of the funds contained in this Act available for the Civilian Health and Medical Program of the Uniformed Services shall be available for the payment for any service or supply for persons enrolled in any other insurance, medical service, or health plan to the extent that the service or supply is a benefit under the other plan, except in the case of those plans administered under title XIX of the Social Security Amendments of 1965 (79 Stat. 286). SEC. 780. None of the funds available to the Department of Defense shall be available for the procurement of manual typewriters which were manufactured by facilities located within States which are Signatories to the Warsaw Pact. SEC. 781. Notwithstanding any other provision of law, $500,000 of the funds made available by this Act for Operation and Maintenance, Army, shall be available for payment for the cost of extending utility lines to connect with the proposed West Point Jewish Chapel. SEC. 782. None of the funds appropriated by this Act may be used to appoint or compensate more than 35 individuals in the Department of Defense in positions in the Executive Schedule (as provided in sections 5312-5316 of title 5, United States Code). SEC. 783. None of the funds made available by this Act shall be available to pay any member of the uniformed services a variable housing allowance pursuant to section 403(a)(2) of title 37, United States Code, in an amount that is greater than the amount which would have been payable to such member if the rates of basic allowance for quarters for members of the uniformed services in

96 STAT. 1863

Intelligence or special activities.

Advanced Technology Bomber program.

93 Stat. 1163.

Effective date. Coal or coke purchases.

42 USC 1396.

West Point Jewish Chapel.

Executive Schedule employees.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/502

 96 STAT. 1864

Military technicians.

Automobile procurement, requirement.

Civilian personnel ceilings.

Transfer of funds.

PUBLIC LAW 97-377—DEC. 21, 1982

effect on September 30, 1982, had been increased by 8 per centum on October 1, 1982. SEC. 784. None of the funds appropriated by this Act shall be available to convert a position in support of the Army Reserve, Air Force Reserve, Army National Guard, and Air National Guard occupied by, or programed to be occupied by, a military technician to a position to be held by a person in an active Guard or Reserve status if that conversion would reduce the total number of positions occupied by, or programed to be occupied by, military technicians of the component concerned, below the number of positions occupied by military technicians in that component on September 30, 1982. SEC. 785. None of the funds appropriated by this Act shall be available to pay claims for inpatient mental health services provided under the Civilian Health and Medical Program of the Uniformed Services in excess of sixty days per patient per year: Provided, That the foregoing limitation shall not apply to inpatient mental health services (a) provided under the Program for the Handicapped; (b) provided as residential treatment care; (c) provided as partial hospital care; (d) provided to individual patients admitted prior to January 1, 1983 for so long as they remain continuously in inpatient status for medically or psychologically necessary reasons; or (e) provided pursuant to a waiver for medical or psychological necessities, granted in accordance with the findings of current peer review, as prescribed in guidelines established and promulgated by the Director, Office of Civilian Health and Medical Program of the Uniformed Services. SEC. 786. During the current fiscal year the Department of the Air Force will transfer from aircraft assigned to the active Air Force one C-130H aircraft in good condition to the Coast Guard without reimbursement. SEC. 787. None of the funds provided in this Act to any department or agency shall be obligated or expended to procure passenger automobiles as defined in 15 U.S.C. 2001 with an EPA estimated miles per gallon average of less than 22 miles per gallon. This section does not apply to security or special mission automobiles. Sec. 788. None of the funds provided in this Act may be used to impose civilian personnel ceilings on Department of Defense industrially funded activities: Provided, That any increase in civilian personnel of such industrial funds in excess of the number employed on September 30, 1982, shall not be counted for the purposes of any statutory or administratively imposed civilian personnel ceiling otherwise applicable during fiscal year 1983. SEC. 789. Appropriations or funds available to the Department of Defense during the current fiscal year may be transferred to appropriations provided in this Act for research, development, test, and evaluation to the extent necessary to meet increased pay costs authorized by or pursuant to law, to be merged with and to be available for the same purposes, and the same time period, as the appropriation to which transferred. SEC. 790. Notwithstanding the budget authority levels provided in title IV of this Act for the procurement appropriation accounts, the sum total of such budget authority levels is hereby reduced by $386,000,000: Provided, That not more than $2,100,000,000 of the remaining budget authority provided in title IV of this Act and as further reduced herein for the procurement appropriation accounts may be obligated or expended to pay independent research and

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Page:United States Statutes at Large Volume 96 Part 2.djvu/503

 PUBLIC LAW 97-377—DEC. 21, 1982 development and bid and proposal costs allocated to procurement contracts as items of indirect expense. SEC. 791. No later than the end of the second fiscal year following the fiscal year for which appropriations for Operation and Maintenance have been made available to the Department of Defense, unobligated balances of such appropriations provided for fiscal year 1982 and thereafter may be transferred into the appropriation "Foreign Currency Fluctuations, Defense" to be merged with and available for the same time period and the same purposes as the appropriation to which transferred: Provided, That any transfer made pursuant to any use of the authority provided by this provision shall be limited so that the amount in the appropriation "Foreign Currency Fluctuations, Defense" does not exceed $970,000,000 at the time such a transfer is made. SEC. 792. During the current fiscal year, for the purposes of the appropriation "Foreign Currency Fluctuations, Defense' the foreign currency exchange rates used in preparing budget submissions shall be the foreign currency exchange rates as adjusted or modified, as reflected in applicable Committee reports on this Act. SEC. 793. None of the funds provided in this Act may be used by the Central Intelligence Agency or the Department of Defense to furnish military equipment, military training or advice, or other support for military activities, to any group or individual, not part of a country's armed forces, for the purpose of overthrowing the Government of Nicaragua or provoking a military exchange between Nicaragua and Honduras. SEC. 794, None of the funds made available by this Act shall be used in any way for the leasing to non-Federal agencies in the United States aircraft or vehicles owned or operated by the Department of Defense when suitable aircraft or vehicles are commercially available in the private sector: Provided, That nothing in this section shall affect authorized and established procedures for the sale of surplus aircraft or vehicles: Provided further, That nothing in this section shall prohibit such leasing when specifically authorized in a subsequent Act of Congress. SEC. 795. None of the funds made available by this Act shall be available for any competition between the currently approved LANTIRN system and any other system under provisions of section 203 of Public Law 97-252. SEC. 796. None of the funds made available by this Act shall be used in any way, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before the Congress. SEC. 797. None of the funds made available in the Act or any subsequent Act shall be available for the purchase of the alternate or new model fighter aircraft engine that does not have a written warranty or guarantee attesting that it will perform not less than 3,000 tactical cycles. The warranty will provide that the manufacturer must perform the necessary improvements or replace any parts to achieve the required performance at no cost to the Government. SEC. 798. Section 308(g) and 308a(c) of title 37, United States Code, are amended by striking "December 17, 1982" and inserting in lieu thereof "March 31, 1983^'. SEC. 799. Funds available under this Act may be used by the Department of Defense to enter into purchases of or commitments to purchase metals, minerals or other materials under section 303 of

96 STAT. 1865

Transfer of funds.

Nicaragua and Honduras.

Ante, p. 723.

Ante, p. 1197.

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"! All off for the Junction!" called the train men, while the Bobbseys and Mrs. Manily hurried out to the small station, where numbers of carriages waited to take passengers to their cottages on the cliffs or by the sea.

"Sure we haven't forgotten anything?" asked Mrs. Bobbsey, taking a hasty inventory of the hand baggage.

"Bert's got Snoop and I've got Downy," answered Freddie, as if the animals were all that counted.

"And I've got my hatbox and flowers," added Nan.

"And I have my ferns," said little Flossie.

"I guess we're all here this time," Mr. Bobbsey finished, for nothing at all seemed to be missing. Rh


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/504

 96 STAT. 1866

PUBLIC LAW 97-377—DEC. 21, 1982

the Defense Production Act of 1950, as amended, (50 U.S.C. 2093): Provided, That the total funds under this Act for such purchases or commitments to purchase shall not exceed $50,000,000. SEC. 799A. None of the funds made available by this Act may be used to support active United States military personnel stationed on shore in Europe at the end of fiscal year 1983 in excess of the planned number of such personnel stationed on shore in Europe at the end of fiscal year 1982 (315,600): Provided, That this limitation may be waived by the President upon a declaration to Congress of overriding national security requirements. 50 USC 98d note. SEC. 799B. After the date of enactment of this Act, annual sales of silver from the National Defense Stockpile under the authority of 95 Stat. 357. Public Law 97-35, or any other Act, shall not exceed 10 per centum of the silver produced from existing domestic producing mines in the preceding 12 month period. TITLE VIII RELATED AGENCIES INTELLIGENCE COMMUNITY STAFF

For necessary expenses of the Intelligence Community Staff; $15,856,000. CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM FUND

Short title.

For payment to the Central Intelligence Agency Retirement and Disability System Fund, to maintain proper funding level for continuing the operation of the Central Intelligence Agency Retirement and Disability System; $91,300,000. This Act may be cited as the "Department of Defense Appropriation Act, 1983". (d) Such amounts as may be necessary for programs, projects, and activities provided for in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriation Act, 1983 (S. 2956), at a rate for operations and to the extent and in the manner provided for in such Act as reported in the Senate on September 24, 1982, as if such Act had been enacted into law, except that the following appropriation items shall be at a rate for operations and to the extent and in the manner provided herein: DEPARTMENT OF COMMERCE GENERAL ADMINISTRATION SALARIES AND EXPENSES

For expenses necessary for the general administration of the Department of Commerce, including not to exceed $2,000 for official entertainment, $31,613,000.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/505

 PUBLIC LAW 97-377—DEC. 21, 1982

96 STAT. 1867

BUREAU OF THE CENSUS PERIODIC CENSUSES AND PROGRAMS

For expenses necessary to collect and publish statistics for periodic censuses and programs, provided for by law, $97,294,000, of which $150,000 shall be available together with $50,000 from nonFederal sources for a new combined monthly survey of men's and women's apparel, to remain available until expended. None of the funds made available to the Bureau of the Census under this Act may be expended for prosecution of any person for the failure to return 1978 Agricultural Census forms 78-A40A or 78-A40B, or 78A40C or 78-A40D, or form 79-A9A, or form 79-A9B, or for the preparation of similar forms for any future agricultural census. ECONOMIC AND STATISTICAL ANALYSIS SALARIES AND EXPENSES

For necessary expenses, as authorized by law, of economic and statistical analysis programs, $36,832,000. ECONOMIC DEVELOPMENT ADMINISTRATION ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS (INCLUDING TRANSFER OF FUNDS)

For economic development assistance as provided by the Public Works and Economic Development Act of 1965, as amended, and Public Law 91-304, and such laws that were in effect immediately before September 30, 1982, $168,500,000, and in addition, $30,000,000 shall be available by transfer from the unobligated balances in the Economic Development Revolving Fund, notwithstanding section 203 of the Act of 1965: Provided, That during 1983 total commitments to guarantee loans shall not exceed $150,000,000 of contingent liability for loan principal. ECONOMIC DEVELOPMENT REVOLVING FUND (LIMITATION ON LOAN GUARANTEES)

During fiscal year 1983, total commitments to guarantee loans to steel companies shall not exceed $20,000,000 of contingent liability for loan principal. INTERNATIONAL TRADE ADMINISTRATION OPERATIONS A N D ADMINISTRATION

For necessary expenses for international trade activities of the Department of Commerce, including trade promotional activities abroad without regard to the provisions of law set forth in 44 U.S.C. 3702 and 3703; full medical coverage for dependent members of immediate families of employees stationed overseas; employment of Americans and aliens by contract for services abroad; rental of space abroad for periods not exceeding five years, and expenses of alteration, repair, or improvement; purchase or construction of tempo-

42 USC 3121 ^°^-

42 USC 3143.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/506

 96 STAT. 1868

PUBLIC LAW 97-377—DEC. 21, 1982

rary demountable exhibition structures for use abroad; payment of tort claims, in the manner authorized in the first paragraph of 28 U.S.C. 2672 when such claims arise in foreign countries; not to exceed $135,200 for official representation expenses abroad; awards of compensation to informers under the Export Administration Act of 1979, and as authorized by 22 U.S.C. 401(b); purchase of passenger motor vehicles for official use abroad; $166,426,000, to remain available until expended: Provided, That the provisions of the first sentence of section 105(f) and all of section 108(c) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these activities. During fiscal year 1983 and within the resources and authority available, gross obligations for the principal amount of direct loans shall not exceed $12,484,000. During fiscal year 1983, total commitments to guarantee loans shall not exceed $28,250,000 of contingent liability for loan principal. MINORITY BUSINESS DEVELOPMENT AGENCY MINORITY BUSINESS DEVELOPMENT

For necessary expenses of the Department of Commerce in fostering, promoting, and developing minority business enterprise, including expenses of grants, contracts, or other agreements with public or private organizations, $48,000,000, of which $33,463,000 shall remain available until expended: Provided, That not to exceed $14,537,000 shall be available for program management: Provided further, That none of the funds appropriated in this paragraph or in this title for the Department of Commerce shall be available to reimburse the fund established by 15 U.S.C. 1521 on account of the performance of a program, project, or activity, nor shall such fund be available for the performance of a program, project, or activity, which had not been performed as a central service pursuant to 15 U.S.C. 1521 before July 1, 1982, unless the House and Senate Appropriations Committees have approved the performance of the program, project, or activity as a central service in accordance with the policies of said Committees applicable to reprogramming of funds. UNITED STATES TRAVEL AND TOURISM ADMINISTRATION SALARIES AND EXPENSES

For necessary expenses of the United States Travel and Tourism Administration, as provided for by law, including employment of aliens by contract for service abroad; rental of space abroad for periods not exceeding five years, and expenses of alteration, repair, or improvement; advance of funds under contracts abroad; payment of tort claims in the manner authorized in the first paragraph of 28 U.S.C. 2672, when such claims arise in foreign countries; and not to exceed $5,000 for representation expenses abroad; $8,100,000 of which $500,000 shall be used only to provide direct financial assistance to the State of Hawaii (which has been declared as a major disaster area by the President) and that such funds: (1) shall be used to supplement and increase rather than replace funds that normally would be used to promote travel by foreign visitors to Hawaii; (2) shall be obligated or expended within 60 days of the date of enactment of this Act; and (3) shall not be used to pay the administrative

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Page:United States Statutes at Large Volume 96 Part 2.djvu/507

 PUBLIC LAW 97-377—DEC. 21, 1982

96 STAT. 1869

costs of the United States Travel and Tourism Administration or any other unit of the Federal Government. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OPERATIONS, R E S E A R C H, AND FACILITIES ( I N C L U D I N G TRANSFER OF FUNDS)

For necessary expenses of activities authorized by law for the National Oceanic and Atmospheric Administration, including maintenance, operation, and hire of aircraft; 399 commissioned officers on the active list; construction of facilities, including initial equipment; alteration, modernization, and relocation of facilities; and acquisition of land for facilities; $850,127,000, to remain available until expended, of which so much as may become available during the current fiscal year shall be derived from the Pribilof Islands Fund, and, in addition, $22,600,000 shall be transferred to this appropriation from the fund entitled "Promote and develop fishery products and research pertaining to American fisheries", and $4,140,000 from repayments of principal and interest on outstanding loans in the fund entitled "Coastal Energy Impact Fund".

33 USC 851.

F I S H E R I E S LOAN FUND

For expenses necessary to carry out the provisions of section 221 of the American Fisheries Promotion Act of December 22, 1980 (Public Law 96-561), there are appropriated to the Fisheries Loan Fund, $10,000,000 from receipts collected pursuant to that Act: Provided, That during fiscal year 1983 not to exceed $300,000 of the Fisheries Loan Fund shall be available for administrative expenses. SCIENCE AND TECHNICAL RESEARCH SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

For necessary expenses of the National Bureau of Standards, $117,861,000, to remain available until expended. Of the foregoing amount, not to exceed $47,816,000 is for Measurement, Research and Standards (including not to exceed $1,000,000 for "Measurement Standards for the Handicapped"); not to exceed $21,635,000 is for Engineering Measurements and Standards; not to exceed $10,000,000 is for Computer Science and Technology; not to exceed $13,557,000 is for Core Research Program for Innovation and Productivity; not to exceed $5,491,000 is for the Fire Research Center; not to exceed $6,986,000 is for Technical Competence; not to exceed $12,376,000 is for Central Technical Support; and not to exceed $6,286,000 may be transferred to the "Working Capital Fund". $700,000 is provided for a metal processing program. NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION SALARIES AND EXPENSES

For necessary expenses, as provided for by law, of the National Telecommunications and Information Administration, $12,667,000,

i^^USC 742c note.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/508

 96 STAT. 1870

PUBLIC LAW 97-377—DEC. 21, 1982

to remain available until expended, of which $503,000 of prior year unobligated balances in the appropriation "Public telecommunications facilities planning and construction" shall be transferred to this appropriation. GENERAL PROVISIONS—DEPARTMENT OF COMMERCE

42 USC 3121 note.

During the current fiscal year applicable appropriations and funds available to the Department of Commerce shall be available for the activities specified in the Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner prescribed by said Act. During the current fiscal year appropriations to the Department of Commerce which are available for salaries and expenses shall be available for hire of passenger motor vehicles; services as authorized by 5 U.S.C 3109; and uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901-5902). No funds in this title shall be used to sell to private interests, except with the consent of the borrower, or contract with private interests to sell or administer, any loans made under the Public Works and Economic Development Act of 1965 or any loans made under section 254 of the Trade Act of 1974.

19 USC 2344.

DEPARTMENT OF TRANSPORTATION MARITIME ADMINISTRATION OPERATIONS AND TRAINING

For necessary expenses of operations and training activities authorized by law, including not to exceed $2,500 for entertainment of officials of other countries when specifically authorized by the Maritime Administrator; not to exceed $2,500 for representation allowances; not to exceed $2,500 for contingencies for the Superintendent, United States Merchant Marine Academy, to be expended in his discretion; $78,113,000, to remain available until expended: Provided, That reimbursements may be made to this appropriation from receipts to the "Federal ship financing fund" for administrative expenses in support of that program. FEDERAL TRADE COMMISSION SALARIES AND EXPENSES

For necessary expenses of the Federal Trade Commission, including uniforms or allowances therefor, as authorized by 5 U.S.C. 59015902; services as authorized by 5 U.S.C. 3109; hire of passenger motor vehicles; and not to exceed $2,000 for official reception and 15 USC 57a note, representation expenses; $63,638,000: Provided, That notwithstanding any other provision of law, the provisions of sections 10, 110)), 18, 20, and 21 of the Federal Trade Commission Improvements Act of 1980 (Public Law 96-252; 94 Stat. 374) are hereby extended until the termination date set forth in section 102(c) of H.J. Res. 631, as enacted into law, notwithstanding subsections 10(e) and 21(i) of the Federal Trade Commission Improvements Act of 1980 (Public Law 96-252; 94 Stat. 374).

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Page:United States Statutes at Large Volume 96 Part 2.djvu/509

 PUBLIC LAW 97-377—DEC. 21, 1982

96 STAT. 1871

SMALL BUSINESS ADMINISTRATION SALARIES AND EXPENSES (INCLUDING TRANSFER OF FUNDS)

For necessary expenses, not otherwise provided for, of the Small Business Administration, including hire of passenger motor vehicles and not to exceed $1,500 for official reception and representation expenses, $202,029,000; and for grants for Small Business Development Centers as authorized by section 21(a) of the Small Business Act, as amended $16,000,000. In addition, $25,600,000 for disaster 15 USC 631 note. loan making activities, including loan servicing, shall be transferred to this appropriation from the "Disaster loan fund". BUSINESS LOAN AND INVESTMENT FUND

For additional capital for the "Business loan and investment fund", authorized by the Small Business Act, as amended, $128,700,000, to remain available without fiscal year limitation; and for additional capital for new direct loan obligations to be incurred by the "Business loan and investment fund", authorized by the Small Business Act, as amended, $185,000,000, to remain available without fiscal year limitation; and for additional capital for new direct loan obligations to be made only to disabled veterans and veterans of the Vietnam era as defined in section 1841, title 38, United States Code, under the general terms and conditions of title III of Public Law 97-72, $25,000,000. DEPARTMENT OF JUSTICE GENERAL ADMINISTRATION SALARIES AND EXPENSES

For expenses necessary for the administration of the Department of Justice, $54,873,000, of which $350,000 is to remain available until expended for the Federal justice research program. LEGAL ACTIVITIES SALARIES AND EXPENSES, ANTITRUST DIVISION

For expenses necessary for the enforcement of antitrust, consumer protection and kindred laws, $43,389,000. SALARIES AND EXPENSES, UNITED STATES ATTORNEYS AND MARSHALS

For necessary expenses of the offices of the United States attorneys, and marshals, and bankruptcy trustees; including acquisition, lease, maintenance, and operation of aircraft, $330,981,000. SUPPORT OF UNITED STATES PRISONERS

For support of United States prisoners in non-Federal institutions, $34,254,000: Provided, That not to exceed $4,050,000 shall be available for the purpose of renovating, constructing, and equipping State and local jail facilities that confine Federal prisoners under the

38 USC I84i.

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text: The New Student's Reference Work/Van Hise, Charles Richard


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Page:United States Statutes at Large Volume 96 Part 2.djvu/510

 96 STAT. 1872

PUBLIC LAW 97-377—DEC. 21, 1982

Cooperative Agreement Program: Provided further, That amounts made available for constructing any local jail facility shall not exceed the cost of constructing space for the average Federal prisoner population for that facility as projected by the Attorney General: Provided further. That following agreement on or completion of any Federally assisted jail construction, the availability of such space shall be assured and the per diem rate charged for housing Federal prisoners at that facility shall not exceed direct operating costs for the period of time specified in the cooperative agreement. FEES AND EXPENSES OF WITNESSES

For expenses, mileage, compensation, and per diems of witnesses and for per diems in lieu of subsistence, as authorized by law, including advances; $35,700,000. SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE

42 USC 2000g.

For necessary expenses of the Community Relations Service, established by Title X of the Civil Rights Act of 1964, $5,764,000. INTERAGENCY LAW ENFORCEMENT ORGANIZED CRIME DRUG ENFORCEMENT

For expenses necessary for the detection, investigation, prosecution, and incarceration of individuals involved in organized criminal drug trafficking not otherwise provided for, $127,500,000, of which $18,000,000 is to remain available until expended for construction of new facilities and constructing, remodeling, and equipping buildings and facilities at existing detention and correctional institutions. FEDERAL BUREAU OF INVESTIGATION SALARIES AND EXPENSES

For expenses necessary for detection, investigation, and prosecution of crimes against the United States; including purchase for police-type use (not to exceed one thousand three hundred for replacement only) and hire of passenger motor vehicles; acquisition, lease, maintenance and operation of aircraft; and not to exceed $70,000 to meet unforeseen emergencies of a confjdential character, to be expended under the direction of the Attorney General, and to be accounted for solely on his certificate; $825,154,000, of which not to exceed $3,000,000 for automated data processing and telecommunications and $600,000 for undercover operations shall remain available until September 30, 1984: Provided, That notwithstanding the provisions of title 31 U.S.C. 483(a) and 484, the Director of the Federal Bureau of Investigation may establish and collect fees to process fingerprint identification records for noncriminal employment and licensing purposes, and credit not more than $13,500,000 of such fees to this appropriation to be used for salaries and other expenses incurred in providing these services: Provided further. That passenger motor vehicles for police-type use may be purchased without regard to the general purchcise price limitation for the current fiscal year.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/511

 PUBLIC LAW 97-377—DEC. 21, 1982

96 STAT. 1873

IMMIGRATION AND NATURALIZATION SERVICE SALARIES AND EXPENSES

For expenses, not otherwise provided for, necessary for the administration and enforcement of the laws relating to immigration, naturalization, and alien registration, including not to exceed $50,000 to meet unforeseen emergencies of a confidential character, to be expended under the direction of the Attorney General and accounted for solely on his certificate; purchase for police-type use (not to exceed four hundred one of which four hundred shall be for replacement only) and hire of passenger motor vehicles; acquisition, lease, maintenance and operation of aircraft; and research related to immigration enforcement; and for expenses necessary under Section 501(c) of the Refugee Education Assistance Act of 1980 (Public Law 96-442) for the processing, care, maintenance, security, transportation, and the initial reception and placement in the United States of Cuban and Haitian entrants; $484,431,000, of which not to exceed $400,000 shall remain available for research until expended: Provided, That none of the funds available to the Immigration and Naturalization Service shall be available for administrative expenses to pay any employee overtime pay in an amount in excess of $20,000 except in such instances when the Commissioner makes a determination that this restriction is impossible to implement.

8 USC 1522 note,

DRUG ENFORCEMENT ADMINISTRATION SALARIES AND EXPENSES

For necessary expenses of the Drug Enforcement Administration, including not to exceed $70,000 to meet unforeseen emergencies of a confidential character, to be expended under the direction of the Attorney General, and to be accounted for solely on his certificate; purchase of not to exceed two hundred seventy-seven passenger motor vehicles (for replacement only) for police-type use without regard to the general purchase price limitation for the current fiscal year; and acquisition, lease, maintenance, and operation of aircraft; $248,162,000, of which not to exceed $1,200,000 for research shall remain available until expended and $1,700,000 for purchase of evidence and payments for information shall remain available until September 30, 1984. GENERAL PROVISIONS—DEPARTMENT OF JUSTICE

SEC. 201. A total of not to exceed $35,000 from funds appropriated to the Department of Justice in this title shall be available for official reception and representation expenses in accordance with distributions, procedures, and regulations established by the Attorney General. SEC. 202. Notwithstanding section 501(e)(2)(B) of Public Law 96422, funds appropriated to the Department of Justice in this title may be expended for assistance to Cuban-Haitian entrants as authorized under section 501(c) of said Act. SEC. 203. Authorities contained in Public Law 96-132, "Department of Justice Appropriation Authorization Act, Fiscal Year 1980", are in effect until the termination date in section 102(c) of this joint resolution as enacted into law.

8 USC 1522 note,

93 Stat. 1040. Post, p. 1909.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/512

 96 STAT. 1874

PUBLIC LAW 97-377—DEC. 21, 1982 RELATED AGENCIES COMMISSION ON CIVIL RIGHTS SALARIES AND EXPENSES

For expenses necessary for the Commission on Civil Rights, including hire of passenger motor vehicles, $11,626,000. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION SALARIES AND EXPENSES

For necessary expenses of the Equal Employment Opportunity Commission as authorized by title VII of the Civil Rights Act of 42 USC 2000e. 1964, as amended, 29 U.S.C. 206(d) and 621-634, including services as authorized by 5 U.S.C. 3109; hire of passenger motor vehicles; and not to exceed $18,500,000 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 29 USC 625, 633. Discrimination in Employment Act; $142,771,000. LEGAL SERVICES CORPORATION PAYMENT TO THE LEGAL SERVICES CORPORATION

For payment to the Legal Services Corporation to carry out the 42 USC 2996 purposes of the Legal Services Corporation Act of 1974, as amended, "ote. $241,000,000: Provided, That none of the funds appropriated in this Act for the Legal Services Corporation shall be expended to provide legal assistance for or on behalf of any alien unless the alien is a resident of the United States and is— (1) an alien lawfully admitted for permanent residence as an immigrant as defined by sections 101(a)(15) and 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15), (20)); (2) an alien who is either married to a United States citizen or is a parent or an unmarried child under the age of twenty-one years of such a citizen and who has filed an application for adjustment of status to permanent resident under the Immigra8 USC 1101 note. tion and Nationality Act, and such application has not been rejected; (3) an alien who is lawfully present in the United States pursuant to an admission under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157, relating to refugee admissions) or who has been granted asylum by the Attorney General under such Act; or (4) an alien who is lawfully present in the United States as a result of the Attorney General's withholding of deportation pursuant to section 243(h) of the Immigration and Nationality Act (8 U.S.C. 1253(h)). An alien who is lawfully present in the United States as a result of being granted conditional entry pursuant to section 203(a)(7) of the Immigration and Nationality Act (8 U.S.C. 1153(a)(7)) before April 1, 1980, because of persecution or fear of persecution on account of race, religion, or political opinion or because of being uprooted by catastrophic natural calamity shall be deemed, for 42 USC 2996f. purposes of section 1007(b)(l 1) of the Legal Services Corporation Act,

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Page:United States Statutes at Large Volume 96 Part 2.djvu/513

 PUBLIC LAW 97-377—DEC. 21, 1982 to be an alien described in subparagraph (C) of such section: Provided further, That none of the funds appropriated in this Act for the Legal Services Corporation shall be used by the Corporation in making grants or entering into contracts for legal assistance unless the Corporation insures that the recipient is either (a) a private attorney or attorneys (for the sole purpose of furnishing legal assistance to eligible clients) or (b) a qualified nonprofit organization chartered under the laws of one of the States for the primary purpose of furnishing legal assistance to eligible clients, the majority of the board of directors or other governing body of which organization is comprised of attorneys who are admitted to practice in one of the States and who are appointed to terms of office on such board or body by the governing bodies of State, county, or municipal bar associations the membership of which represents a majority of the attorneys practicing law in the locality in which the organization is to provide legal assistance: Provided further, That none of the funds appropriated in this Act shall be expended by the Legal Services Corporation to participate in litigation unless the Corporation or a recipient of the Corporation is a party, or a recipient is representing an eligible client in litigation in which the interpretation of this title or a regulation promulgated under this title is an issue, and shall not participate on behalf of any client other than itself: Provided further. That none of the funds appropriated in this Act shall be available to any recipient to be used— (A) to pay for any personal service, advertisement, telegram, telephone communication, letter, printed or written matter, or other device, intended or designed to influence any decision by a Federal, State, or local agency, except where legal assistance is provided by an employee of a recipient to an eligible client on a particular application, claim, or case, which directly involves the client's legal rights and responsibilities, or (B) to influence any Member of Congress or any other Federal, State, or local elected official to favor or oppose any Acts, bills, resolutions, or similar legislation, or any referendum, initiative, constitutional amendment, or any similar procedure of the Congress, any State legislature, any local council, or any similar governing body, except that this subsection shall not preclude such funds from being used in connection with communications made in response to any Federal, State, or local official, upon the formal request of such official: Provided further, That none of the funds appropriated in this Act for the Legal Services Corporation shall be used to bring a class action suit against the Federal government or any State or local government unless (1) the project director of a recipient has expressly approved the filing of such an action in accordance with policies established by the governing body of such recipient; (2) the class relief which is the subject of such an action is sought for the primary benefit of individuals who are eligible for legal assistance; and (3) that prior to filing such an action, the recipient project director has determined that the government entity is not likely to change the policy or practice in question, that the policy or practice will continue to adversely affect eligible clients, that the recipient has given notice of its intention to seek class relief and that responsible efforts to resolve without litigation the adverse effects of the policy or practice have not been successful or would be adverse to the interests of the clients: Provided further. That none of the funds

97-200 O—84—pt. 2

17: QL3

96 STAT. 1875

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Page:Bobbsey Twins at the Seashore.djvu/50

40 It was almost nightfall, and the beautiful glow of an ocean sunset rested over the place. At the rear of the station an aged stage driver sat nodding on his turnout. The stage coach was an "old timer," and had carried many a merry party of sightseers through the sandy roads of Oceanport and Sunset Beach, while Hank, the driver, called out all spots of interest along the way. And Hank had a way of making things interesting.

"Pike's Peak," he would call out for Cliff Hill.

"The Giant's Causeway," he would announce for Rocky Turn.

And so Hank was a very popular stage driver, and never had to look for trade—it always came to him.

"That's our coach," said Mr. Bobbsey, espying Hank. "Hello there! Going to the beach?" he called to the sleepy driver.

"That's for you to say," replied Hank, straightening up.

"Could we get to Ocean Cliff—Minturn's place—before dark?" asked Mr. Bobbsey, noticing how rickety the old stagecoach was.


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Page:United States Statutes at Large Volume 96 Part 2.djvu/514

 96 STAT. 1876

42 USC 2996c. 42 USC 2996c note.

42 USC 2996d "°*®-

PUBLIC LAW 97-377—DEC. 21, 1982 appropriated in this Act for the Legal Services Corporation shall be expended for any purpose prohibited or limited by or contrary to section 11 of H.R. 3480, as passed the House of Representatives on June 18, 1981: Provided further. That notwithstanding any regulation, guideline, or rule of the Corporation, the funds appropriated in this Act for the Legal Services Corporation shall be used by the Corporation in making grants or entering into contracts under section 1006(a)(1) and (3) so as to insure that funding for each such current grantee and contractor is maintained in 1983 at the annualized level at which each such grantee and contractor was funded in 1982, or in the same proportion which total appropriations to the Corporation in fiscal year 1983 bear to the total appropriations to the Corporation in fiscal year 1982, until action is taken by directors of the Corporation who have been confirmed in accordance with Section 1004(a) of the Legal Services Corporation Act: Provided further, That no member of the Board of Directors of the Legal Services Corporation shall be compensated for his services to the Corporation except for the payment of an attendance fee at meetings of the Board at a rate not to exceed the highest daily rate for grade fifteen (15) of the General Schedule and necessary travel expenses to attend Board meetings in accordance with the Standard Government Travel Regulations: Provided further. That no officer or employee of the Legal Services Corporation or a recipient program shall be reimbursed for membership in a private club, or be paid severance pay in excess of what would be paid a Federal employee for comparable service. DEPARTMENT OF STATE ADMINISTRATION OF FOREIGN AFFAIRS SALARIES AND EXPENSES

For necessary expenses of the Department of State and the Foreign Service, not otherwise provided for, including obligations of the United States abroad pursuant to treaties, international agreements, and binational contracts (including obligations assumed in Germany on or after June 5, 1945); expenses authorized by section 9 of the Act of August 31, 1964, as amended (31 U.S.C. 240 et seq.), and section 2 of the Act of August 1, 1956, as amended (22 U.S.C. 2669); telecommunications; expenses necessary to provide maximum physical security in Government-owned and leased properties and vehicles abroad; permanent representation to certain international organizations in which the United States participates pursuant to treaties, conventions, or specific Acts of Congress; acquisition by exchange or purchase of vehicles as authorized by law, except that special requirement vehicles may be purchased without regard to any price limitation otherwise established by law; $995,000,000, of which $25,000,000 shall remain available until September 30, 1984. REOPENING CONSULATES

For necessary expenses of the Department of State and the Foreign Service for reopening and operating certain United States

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Page:United States Statutes at Large Volume 96 Part 2.djvu/515

 PUBLIC LAW 97-377—DEC. 21, 1982 consulates as specified in Section 103 of the Department of State Authorization Act, Fiscal Years 1982 and 1983, $1,000,000.

96 STAT. 1877 Ante, p. 273.

INTERNATIONAL ORGANIZATIONS AND CONFERENCES CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

For expenses, not otherwise provided for, necessary to meet 22 USC 269a annual obligations of membership in international multilateral ^°'^^organizations, pursuant to treaties, conventions, or specific Acts of Congress, $444,315,000, of which $12,506,000 shall be for payment of the full 1983 assessed contributions to the Inter-American Institute for Cooperation on Agriculture: Provided, That none of the funds appropriated in this paragraph shall be available for a United States contribution to an international organization for the United States share of interest costs made known to the United States Government by such organization for loans incurred on or after October 1, 1982, through external borrowings. CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

For payments, not otherwise provided for, by the United States for expenses of United Nations peacekeeping forces, $73,400,000: Provided, That section 149 of Public Law 97-276 shall be effective until the termination date of H.J. Res. 631 as enacted into law,

Ante, p. 1199.

THE ASIA FOUNDATION

For a grant to the Asia Foundation, $4,100,000 to remain available until expended. COMMISSION ON WARTIME RELOCATION AND INTERNMENT OF CIVILIANS SALARIES AND EXPENSES

For necessary expenses of the Commission on Wartime Relocation and Internment of Civilians, as authorized by Public Law 96-317, $300,000 to be available only until June 30, 1983.

50 USC app. 1981 note.

UNITED STATES INFORMATION AGENCY SALARIES AND EXPENSES

For expenses, not otherwise provided for, necessary to enable the United States Information Agency, as authorized by Reorganization Plan No. 2 of 1977, the Mutual Educational and Cultural Exchange Act, as amended (22 U.S.C. 2451 et seq.), and the United States Information and Educational Exchange Act, as amended (22 U.S.C. 1431 et seq.), to carry out international communication, educational and cultural activities, including employment, without regard to civil service and classification laws, of persons on a temporary basis (not to exceed $20,000); expenses authorized by the Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.), living quarters as authorized by 5 U.S.C. 5912, and allowances as authorized by 5 U.S.C. 5921-5928; and entertainment, including official receptions, within the United States, not to exceed $10,000; $407,830,000, of which not to exceed $2,671,000 of the amounts allocated by the United States Informa-

5 USC app.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/516

 96 STAT. 1878

Ante, p. 293.

PUBLIC LAW 97-377—DEC. 21, 1982 tion Agency to carry out section 102(a)(3) of the Mutual Educational and Cultural Exchange Act, as amended (22 U.S.C. 2452(a)(3)), shall remain available until expended: Provided, That not to exceed $500,000 may be used for representation abroad: Provided further, That receipts not to exceed $500,000 may be credited to this appropriation from fees or other payments received from or in connection with English-teaching programs as authorized by section 810 of Public Law 80-402, as amended; and, for expenses of certain exchange programs of the United States Information Agency, $84,292,000, of which $73,965,000 shall be for the Fulbright and International Visitors Programs, $3,206,000 shall be for the Humphrey Fellowship Program, and $7,121,000 shall be for the Private Sector Programs. THE JUDICIARY BANKRUPTCY COURTS, SALARIES AND EXPENSES

Departments of Labor, Health and Human Services, and Education and Related Agencies Appropriation Act, 1983. Department of Labor Appropriation Act, 1983.

42 USC 3041e.

For salaries and expenses of the judges and other officers and employees of the Bankruptcy Courts of the United States, not otherwise provided for, $89,000,000. (e)(1) Such amounts as may be necessary for projects or activities provided for in the Departments of Labor, Health and Human Services, and Education and Related Agencies Appropriation Act, 1983, at a rate for operations and to the extent in the following Act, notwithstanding any other provision of the joint resolution; this subsection shall be effective as if it had been enacted into law as the regular appropriation Act: AN ACT Making appropriations for the Departments of Labor, Health and Human Services, and Education, and related agencies, for the fiscal year ending September 30, 1983, and for other purposes.

TITLE I—DEPARTMENT OF LABOR EMPLOYMENT AND TRAINING ADMINISTRATION COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

To carry out the activities for national grants or contracts with public agencies and public or private nonprofit organizations under paragraph (1)(A) of section 506(a) of title V of the Older Americans Act of 1965, as amended, $219,921,000. To carry out the activities for grants to States under paragraph (3) of section 506(a) of title V of the Older Americans Act of 1965, as amended, $62,029,000. FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

5 USC 8501 et 19 USC 2291.
 * ^992 Stat. 172.

For payments during the current fiscal year of benefits and allowances to ex-servicemen, as authorized by title 5, chapter 85 of the United States Code, as amended, of benefits and payments as authorized by title II of Public Law 95-250, as amended, of trade adjustment benefit payments and allowances, as provided by law (part I, subchapter B, chapter 2, title II of the Trade Act of 1974, as amended) $230,000,000, together with such amounts as may be necessary to be charged to the subsequent appropriation for pay-

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Page:United States Statutes at Large Volume 96 Part 2.djvu/517

 PUBLIC LAW 97-377—DEC. 21, 1982

96 STAT. 1879

ments for any period subsequent to September 15 of the current year: Provided, That amounts recovered from the States during the current fiscal year pursuant to 5 U.S.C. 8505(d) shall be available for such payments during the year. Amounts received or recovered pursuant to section 208(e) of Public Law 95-250 shall be available for payments.

92 Stat. 179.

GRANTS TO STATES FOR UNEMPLOYMENT INSURANCE A N D EMPLOYMENT SERVICES

For grants for activities authorized by the Act of June 6, 1933, as amended (29 U.S.C. 49-49n; 39 U.S.C. 3202(a)(1)(E)); Veterans' Employment and Readjustment Act of 1972, as amended (38 U.S.C. 2001-2013); title III of the Social Security Act, as amended (42 U.S.C. 501-503); and necessary administrative expenses for carrying out 5 U.S.C. 8501-8523, chapter 2, title II, of the Trade Act of 1974, as amended, and sections 101(a)(15)(H)(ii) and 212(a)(14) of the Immigration and Nationality Act, as amended (8 U.S.C. 1101 et seq.), including, upon request of any State, the payment of rental for space made available to such State in lieu of grants for such purpose, $22,200,000, together with not to exceed $2,454,300,000 which may be expended from the Employment Security Administration account in the Unemployment Trust Fund and of which $627,176,000 shall be available only to the extent necessary to meet increased costs of administration resulting from changes in a State law or increases in the number of unemployment insurance claims filed and claims paid or increased salary costs resulting from changes in State salary compensation plans embracing employees of the State generally over those upon which the State's basic grant was based, which cannot be provided for by normal budgetary adjustments: Provided, That any portion of the funds granted to a State in the current fiscal year and not obligated by the State in that year shall be returned to the Treasury and credited to the account from which derived.

19 USC 2271.

ADVANCES TO THE UNEMPLOYMENT TRUST F U N D A N D OTHER FUNDS

For repayable advances to the Unemployment Trust Fund as authorized by sections 905(d) and 1203 of the Social Security Act, as amended, and to the Black Lung Disability Trust Fund as authorized by section 9501(c)(1) of the Internal Revenue Code of 1954, as amended, and for nonrepayable advances to the Unemployment Trust Fund as authorized by section 8509 of title 5, United States Code and by title VI of the Tax Equity and Fiscal Responsibility Act of 1982, and to the "Federal unemployment benefits and allowances" account, to remain available until September 30, 1984, $5,411,000,000. LABOR-MANAGEMENT SERVICES ADMINISTRATION SALARIES A N D EXPENSES

For necessary expenses for the Labor-Management Services Administration, $58,077,000.

42 USC 1105, ^^^^ 26 USC 9501.

Ante, p. 702.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/518

 96 STAT. 1880

PUBLIC LAW 97-377—DEC. 21, 1982 PENSION BENEFIT GUARANTY CORPORATION

29 USC 1381.

The Pension Benefit Guaranty Corporation is authorized to make such expenditures, including financial assistance authorized by section 104 of Public Law 96-364, within limits of funds and borrowing authority available to such Corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended (31 U.S.C. 849), as may be necessary in carrying out the program through September 30, 1983, for such Corporation. EMPLOYMENT STANDARDS ADMINISTRATION SALARIES AND EXPENSES

For necessary expenses for the Employment Standards Administration, including reimbursement to State, Federal and local agencies and their employees for inspection services rendered, $169,296,000, together with $347,000 which may be expended from the Special Fund in accordance with sections 39(c) and 44(j) of the 33 USC 989,944. Longshoremen's and Harbor Workers' Compensation Act. SPECIAL BENEFITS

5 USC 8101 et
 * ^9-

33 USC 910.

For the payment of compensation, benefits, and expenses (except administrative expenses) accruing during the current or any prior fiscal year authorized by title V, chapter 81 of the United States Code; continuation of benefits as provided for under the head "Civilian War Benefits" in the Federal Security Agency Appropriation Act, 1947; the Employees' Compensation Commission Appropriation Act, 1944; and sections 4(c) and 5(f) of the War Claims Act of 1948 (50 U.S.C. App. 2012); and 50 per centum of the additional compensation and benefits required by section 10(h) of the Longshoremen's and Harbor Workers' Compensation Act, as amended, $339,600,000, together with such amount as may be necessary to be charged to the subsequent year appropriation for the payment of compensation and other benefits for any period subsequent to September 15 of the current year: Provided, That in addition there shall be transferred from the Postal Service fund to this appropriation such sums as the Secretary of Labor determines to be the cost of administration for Postal Service employees through September 30, 1983. BLACK LUNG DISABILITY TRUST FUND

26 USC 9501.

For payments from the Black Lung Disability Trust Fund, $673,544,000, of which $639,255,000 shall be available until September 30, 1984, for payment of all benefits and interest on advances under subsection (c)(2) of section 9501 of the Internal Revenue Code of 1954, as amended, as authorized by section 9501(d)(1), (2), (4), and (7) of that Act and of which $21,192,000 shall be available for transfer to Employment Standards Administration, Salaries and Expenses and $13,097,000 for transfer to Departmental Management, Salaries and Expenses for expenses of operation and administration of the Black Lung Benefits program as authorized by section 9501(d)(5)(A) of that Act: Provided, That in addition, such amounts as may be necessary may be charged to the subsequent year appro-

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