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Page:United States Statutes at Large Volume 96 Part 1.djvu/1188

 96 STAT. 1146

"Former spouse."

50 USC 403 note.

PUBLIC LAW 97-269—SEPT. 27, 1982 (1) by inserting "former spouses," after "including surviving wives and husbands,"; and (2) by adding at the end thereof the following: "(4) 'Former spouse' means a former wife or husband of a participant or former participant who was married to such participant for not less than 10 years during periods of service by that participant which are creditable under sections 251, 252, and 253 of this Act, at least five years of which were spent outside the United States by both the participant and the former spouse.". COMPUTATION OF ANNUITIES FOR OTHER THAN FORMER SPOUSES

SEC. 603. Section 221 of the Central Intelligence Agency Retire50 USC 403 note, ment Act of 1964 for Certain Employees is amended— (1) by inserting immediately above the section the following section heading: "COMPUTATION OF ANNUITIES FOR OTHER THAN FORMER S P O U S E S "; and

Post, p. 1148. Waiver. Ante, p. 1145.

Waiver. Post, p. 1153.

(2) by amending subsection (b) to read as follows: "(b)(1)(A) Except to the extent provided otherwise under a written election under subparagraph (B) or (C), if at the time of retirement a participant or former participant is married (or has a former spouse who has not remarried before attaining age 60), the participant shall receive a reduced annuity and provide a survivor annuity for his or her spouse under this subsection or former spouse under section 222(b), or a combination of such annuities, as the case may be. "(B) A married participant or former participant and his or her spouse may jointly elect in writing to waive a survivor annuity for that spouse under this section (or under section 222(b) if the spouse later qualifies as a former spouse under section 204(b)(4)), or to reduce such survivor annuity under this section (or section 222(b)) by designating a portion of the annuity of the participant as the base for the survivor benefit. If the marriage is dissolved following an election for such a reduced annuity and the spouse qualifies as a former spouse, the base used in calculating any annuity of the former spouse under section 222(b) may not exceed the portion of the participant's annuity designated under this subparagraph. "(C) If a participant or former participant has a former spouse, the participant (or former participant) and such former spouse may jointly elect by spousal agreement under section 263(b) to waive a survivor annuity under section 222(b) for that former spouse, if the election is made (i) before the end of the 12-month period beginning on the date the divorce or annulment involving that former spouse becomes final or (ii) at the time of retirement of the participant. "(D) The Director may prescribe regulations under which a participant or former participant may make an election under subparagraph (B) or (C) without the participant's spouse or former spouse if the participant establishes to the satisfaction of the Director that the participant does not know, and has taken all reasonable steps to determine, the whereabouts of the spouse or former spouse. "(2) The annuity of a participant or former participant providing a survivor benefit under this section (or section 222(b)), excluding any portion of the annuity not designated or committed as a base for any survivor annuity, shall be reduced by 2Vz percent of the first $3,600 plus 10 percent of any amount over $3,600. The reduction under this paragraph shall be calculated before any reduction under section 222(a)(4).

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Page:United States Statutes at Large Volume 96 Part 1.djvu/1189

 PUBLIC LAW 97-269—SEPT. 27, 1982

96 STAT. 1147

"(3)(A) If a former participant entitled to receive a reduced annuity under this subsection dies and is survived by a spouse, a survivor annuity shall be paid to the surviving spouse equal to 55 percent of the full amount of the participant's annuity computed under subsection (a), or 55 percent of any lesser amount elected as the base for the survivor benefit under paragraph (1)(B). "(B) Notwithstanding subparagraph (A), the amount of the annuity calculated under subparagraph (A) for a surviving spouse in any case in which there is also a surviving former spouse of the participant who qualifies for an annuity under section 222(b) may not exceed 55 percent of the portion (if any) of the base for survivor benefits which remains available under section 222(b)(4)(B). "(C) An annuity payable from the fund to a surviving spouse under this paragraph shall commence on the day after the participant dies and shall terminate on the last day of the month before the surviving spouse's death or remarriage before attaining age 60. If such a survivor annuity is terminated because of remarriage, it shall be restored at the same rate commencing on the date such remarriage is dissolved by death, annulment, or divorce if any lump sum paid upon termination of the annuity is returned to the fund.'.

Post, p. 1148.

RIGHT OF ELECTION

SEC. 604. Section 221 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended by section 603 of this title, is further amended in subsection (g)— (1) by inserting "(1)" after "(g)"; (2) by redesignating paragraphs (1) and (2) as clauses (A) and (B), respectively; and (3) by adding at the end thereof the following: "(2) A surviving former spouse of any participant or former participant shall not become entitled to a survivor annuity or to the restoration of a survivor annuity payable from the fund unless the survivor elects to receive it instead of any other survivor annuity to which he or she may be entitled under this or any other retirement system for Government employees on the basis of a marriage to someone other than that participant.".

50 USC 403 note.

SUPPLEMENTAL ANNUITIES; RECOMPUTATION OF ANNUITIES

SEC. 605. Section 221 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended by sections 603 and 604 of this title, is further amended by adding at the end thereof the following: "(m)(l) Any married annuitant who reverts to retired status with entitlement to a supplemental annuity under subsection 271(b) 50 USC 403 note. shall, unless the annuitant and his or her spouse jointly elect in writing to the contrary at that time, have the supplemental annuity reduced by 10 percent to provide a supplemental survivor annuity for his or her spouse. Such supplemental survivor annuity shall be equal to 55 percent of the supplemental annuity of the annuitant and shall be payable to a surviving spouse to whom the annuitant was married at the time of reversion to retired status or whom the annuitant subsequently married. "(2) The Director shall issue regulations to provide for the applica- Regulations. tion of paragraph (1) of this subsection and of subsection 2710t)) in any case in which an annuitant has a former spouse who was

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Page:United States Statutes at Large Volume 96 Part 1.djvu/1190

 96 STAT. 1148 Infra.

Infra.

PUBLIC LAW 97-269—SEPT. 27, 1982

married to the participant at any time during a period of recall service and who qualifies for an annuity under section 222(b). "(n) An annuity which is reduced under this section or any similar prior provision of law to provide a survivor benefit for a spouse shall, if the marriage of the participant to such spouse is dissolved, be recomputed and paid for each full month during which an annuitant is not married (or is remarried if there is no election in effect under the following sentence) as if the annuity had not been so reduced, subject to any reduction required to provide a survivor benefit under section 222(b) or (c). Upon remarriage the retired participant may irrevocably elect, by means of a signed writing received by the Director within one year after such remarriage, to receive during such marriage a reduction in annuity for the purpose of allowing an annuity for the new spouse of the annuitant in the event such spouse survives the annuitant. Such reduction shall be equal to the reduction in effect immediately before the dissolution of the previous marriage (unless such reduction is adjusted under section 222(b)(5)), and shall be effective the first day of the first month beginning one year after the date of remarriage. A survivor annuity elected under this subsection shall be treated in all respects as a survivor annuity under subsection (b). "(o) The Director shall, on an annual basis— "(1) inform each participant of his or her right of election under subsections (f)(2) and (n); and "(2) to the maximum extent practicable, inform spouses or former spouses of participants or former participants of their rights under this section and sections 222, 223, and 234 (c), (d), and (e).".

Post, p. 1152. COMPUTATION OF ANNUITIES FOR FORMER SPOUSES

SEC. 606. Part C of title II of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees is amended by adding at the end thereof the following: " C O M P U T A T I O N OF ANNUITIES FOR FORMER SPOUSES

50 USC 403 note. Post, p. 1153.

Annuity disquaiitication.

"SEC. 222. (a)(1) Unless otherwise expressly provided by any spousal agreement or court order under section 263(b), a former spouse of a participant or former participant is entitled to an annuity— service of the participant, equal to 50 percent of the annuity of the participant; or "(B) if not married to the participant throughout such creditable service, equal to a proportion of 50 percent of such annuity which is the proportion that the number of days of the marriage of the former spouse to the participant during periods of creditable service of such participant under this Act bears to the total number of days of creditable service. "(2) A former spouse shall not be qualified for an annuity under ^j^jg subsection if before the commencement of that annuity the former spouse remarries before becoming 60 years of age. "(3) The annuity of a former spouse under this subsection commences on the day the participant upon whose service the annuity is based becomes entitled to an annuity under this title or on the first day of the month after the divorce or annulment involved becomes
 * (A) if married to the participant throughout the creditable

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Page:United States Statutes at Large Volume 96 Part 1.djvu/1191

 PUBLIC LAW 97-269—SEPT. 27, 1982

96 STAT. 1149

final, whichever is later. The annuity of such former spouse and the right thereto terminate on— "(A) the last day of the month before the former spouse dies or remarries before 60 years of age; or "(B) the date the annuity of the participant terminates (except in the case of an annuity subject to paragraph 4(B)). "(4)(A) The annuity payable to any participant shall be reduced by the amount of an annuity under this subsection paid to any former spouse based upon the service of that participant. Such reduction shall be disregarded in calculating the survivor annuity for any spouse, former spouse, or other survivor under this title, and in calculating any reduction in the annuity of the participant to provide survivor benefits under subsection (b) or section 221(b). "(B) If any annuitant whose annuity is reduced under subparagraph (A) is recalled to service under section 271, or reinstated or reappointed, in the case of a recovered disability annuitant, or if any annuitant is reemployed as provided for under sections 272 and 273, the salary of that annuitant shall be reduced by the same amount as the annuity would have been reduced if it had continued. Amounts equal to the reductions under this subparagraph shall be deposited in the Treasury of the United States to the credit of the fund. "(5) Notwithstanding paragraph (3), in the case of any former spouse of a disability annuitant— "(A) the annuity of that former spouse shall commence on the date the participant would qualify on the basis of his or her creditable service for an annuity under this title (other than a disability annuity) or the date the disability annuity begins, whichever is later, and "(B) the amount of the annuity of the former spouse shall be calculated on the basis of the annuity for which the participant would otherwise so qualify. "(6) An annuity under this subsection shall be treated the same as a survivor annuity under subsection (b) for purposes of section 221(g)(2) or any comparable provision of law. "(7) No spousal ajgreement or court order under section 263(b) involving any participant may provide for an annuity or any combination of annuities under this subsection which exceeds the annuity of the participant. No such court order relating to an annuity under this subsection may be given effect if it is issued more than 12 months after the date the divorce or annulment involved becomes final. "(b)(1) Subject to any election under section 221(b)(1)(C) and unless otherwise expressly provided by any spousal agreement or court order under section 263(b), if a former participant who is entitled to receive an annuity is survived by a former spouse, the former spouse shall be entitled to a survivor annuity— "(A) if married to the participant throughout the creditable service of the participant, equal to 55 percent of the full amount of the participant's annuity, as computed under section 221(a), or "(B) if not married to the participant throughout such creditable service, equal to a proportion of 55 percent of the full amount of such annuity which is the proportion that the number of days of the marriage of the former spouse to the former participant during periods of creditable service of such former participant under this Act bears to the total number of days of such creditable service.

Ante, p. 1146. 50 USC 403 note, 50 USC 403 note,

Disability annuity.

Post, p. 1153.

50 USC 403 note.

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Page:United States Statutes at Large Volume 96 Part 1.djvu/1192

 96 STAT. 1150

PUBLIC LAW 97-269—SEPT. 27, 1982

"(2) A former spouse shall not be qualified for an annuity under this subsection if before the commencement of that annuity the former spouse remarries before becoming 60 years of age. "(3) An annuity payable from the fund to a surviving former spouse under this subsection shall commence on the day after the annuitant dies and shall terminate on the last day of the month before the former spouse's death or remarriage before attaining age 60. If such a survivor annuity is terminated because of remarriage, it shall be restored at the same rate commencing on the date such remarriage is dissolved by death, annulment, or divorce if any lump sum paid upon termination of the annuity is returned to the fund. "(4)(A) The maximum survivor annuity or combination of survivor Ante, p. 1146. annuities under this section (and section 2210t))(3)) with respect to any participant or former participant may not exceed 55 percent of the full amount of the participant's annuity, as calculated under 50 USC 403 note, section 221(a). "(B) Once a survivor annuity has been provided under this subsection for any former spouse, a survivor annuity for another individual may thereafter be provided under this subsection (or section 221(b)(3)) with respect to a participant or former participant only for that portion (if any) of the maximum available which is not committed for survivor benefits for any former spouse whose prospective right to such annuity has not terminated by reason of death or remarriage. "(C) After the death of a participant or former participant, a court Post, p. 1153. order under section 263(b) may not adjust the amount of the annuity of any former spouse under this section. "(5)(A) For each full month after a former spouse of a participant or former participant dies or remarries before attaining age 60, the annuity of the participant, if reduced to provide a survivor annuity for that former spouse, shall be recomputed and paid as if the annuity had not been so reduced, unless an election is in effect under subparagraph (B). "(B) Subject to paragraph (4)(B), the participant may elect in writing within one year after receipt of notice of the death or remarriage of the former spouse to continue the reduction in order to provide a higher survivor annuity under section 221(b)(3) for any spouse of the participant. "(c)(1) In the case of any participant or former participant providing a survivor annuity benefit under subsection (b) for a former spouse— "(A) such participant may elect, or "(B) a spousal agreement or court order under section 263(b) may provide for, an additional survivor annuity under this subsection for any other former spouse or spouse surviving the participant, if the participant satisfactorily passes a physical examination as prescribed by the Director. "(2) Neither the total amount of survivor annuity or annuities under this subsection with respect to any participant or former participant, nor the survivor annuity or annuities for any one surviving spouse or former spouse of such participant under this section or section 221, shall exceed 55 percent of the full amount of the participant's annuity, as computed under section 221(a). "(3)(A) In accordance with regulations which the Director shall prescribe, the participant involved may provide for any annuity under this subsection—

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Page:United States Statutes at Large Volume 96 Part 1.djvu/1193

 PUBLIC LAW 97-269—SEPT. 27, 1982

96 STAT. 1151

"(i) by a reduction in the annuity or an allotment from the salary of the participant, "(ii) by a lump-sum payment or installment payments to the fund, or "(iii) by any combination thereof. "(B) The present value of the total amount to accrue to the fund under subparagraph (A) to provide any annuity under this subsection shall be actuarially equivalent in value to such annuity, as calculated upon such tables of mortality as may from time to time be prescribed for this purpose by the Director. "(C) If a former spouse predeceases the participant or remarries before attaining age 60 (or, in the case of a spouse, the spouse does not qualify as a former spouse upon dissolution of the marriage)— "(i) if an annuity reduction or salary allotment under subparagraph (A) is in effect for that spouse or former spouse, the annuity shall be recomputed and paid as if it had not been reduced or the salary allotment terminated, as the case may be, and "(ii) any amount accruing to the fund under subparagraph (A) shall be refunded, but only to the extent that such amount may have exceeded the actuarial cost of providing benefits under this subsection for the period such benefits were provided, as determined under regulations prescribed by the Director. "(D) Under regulations prescribed by the Director, an annuity shall be recomputed (or salary allotment terminated or adjusted), and a refund provided (if appropriate), in a manner comparable to that provided under subparagraph (C), in order to reflect a termination or reduction of future benefits under this subsection for a spouse in the event a former spouse of the participant dies or remarries before attaining age 60 and an increased annuity is provided for that spouse in accordance with this section. "(4) An annuity payable under this subsection to a spouse or former spouse shall commence on the day after the participant dies and shall terminate on the last day of the month before the former spouse's death or remarriage before attaining age 60. "(5) Section 291 shall not apply to any annuity under this subsection, unless authorized under regulations by the Director. "(d) Section 221(1) shall not apply— "(1) to any annuity payable under subsection (a) or (b) to any former spouse if the amount of that annuity varies by reason of a spousal agreement or court order under section 263(b), or an election under section 221(b)(l)(B), from the amount which would be calculated under subsection (a)(1) or (b)(D, as the case may be, in the absence of such spousal agreement, court order, or election; or "(2) to any annuity payable under subsection (c).". SURVIVOR BENEFITS FOR CERTAIN FORMER SPOUSES

SEC. 607. Part C of title II of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended by section 606 of this title, is further amended by adding at the end thereof the following:

50 USC 403 note. 50 USC 403 note. ^<^«^' P ^^53. ^«^e, p. 1146.

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Page:United States Statutes at Large Volume 96 Part 1.djvu/1194

 96 STAT. 1152

PUBLIC LAW 97-269—SEPT. 27, 1982 "ELECTION OF SURVIVOR BENEFITS FOR CERTAIN FORMER SPOUSES

50 USC 403 note.

Ante, p. 1148.

Post, p. 1153.

Ante, p. 1146.

"SEC. 223. (a) Any participant or former participant in the Central Intelligence Agency Retirement and Disability System who on November 15, 1982, has a former spouse may, by a spousal agreement, elect to receive a reduced annuity and provide a survivor annuity for such former spouse under section 222(b). "(b)(1) If the participant or former participant has not retired under such system on or before November 15, 1982, an election under this section may be made at any time before retirement. "(2) If the participant or former participant has retired under such system on or before November 15, 1982, an election under this section may be made within such period after November 15, 1982, as the Director may prescribe. "(3) For the purposes of applying this Act, any such election shall be treated in the same manner as if it were a spousal agreement under section 263(b). "(c) An election under this section may provide for a survivor benefit based on all or any portion of that part of the annuity of the participant which is not designated or committed as a base for survivor benefits for a spouse or any other former spouse of the participant. The participant and his or her spouse may make an election under section 221(b)(l)(B) prior to the time of retirement for the purpose of allowing an election to be made under this section. "(d) The amount of the reduction in the participant's annuity shall be determined in accordance with section 221(b)(2). Such reduction shall be effective as of— "(1) the commencing date of the participant's annuity, in the case of an election under subsection (b)(1), or "(2) November 15, 1982, in the case of an election under subsection (b)(2).". DISCONTINUED SERVICE BENEFITS

SEC. 608. Section 234 of the Central Intelligence Agency Retire50 USC 403 note, ment Act of 1964 for Certain Employees is amended— (1) by striking out in subsection (a) "Any" and inserting in lieu thereof the following: "Subject to the limitations contained in subsections (c), (d), and (e), any"; and (2) by adding at the end thereof the following: "(C) Whenever a participant becomes separated from the Agency without becoming eligible for an annuity or a deferred annuity under this Act and becomes entitled to receive a lump-sum payment 50 USC 403 note, under this section or section 241, a share of that lump-sum payment shall be paid to any former spouse of the participant in accordance with subsections (d) and (e). Lump-sum "(d) Unless otherwise expressly provided by any spousal agree^^^^^ment or court order under section 263(b), the amount of a participant's or former participant's lump-sum credit under this section or under section 241 payable to a former spouse of that participant shall be— "(1) if the former spouse was married to the participant throughout the period of creditable service of the participant, 50 percent of such lump-sum credit to which such participant would be entitled in the absence of this subsection; or "(2) if such former spouse was not married to the participant throughout such creditable service, an amount equal to a pro-

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Page:United States Statutes at Large Volume 96 Part 1.djvu/1195

 PUBLIC LAW 97-269—SEPT. 27, 1982

96 STAT. 1153

portion of 50 percent of such lump-sum credit which is the proportion that the number of days of the marriage of the former spouse to the participant during periods of creditable service of such participant under this Act bears to the total number of days of such creditable service. Such lump-sum credit of the participant shall be reduced by the amount of the lump-sum credit payable to the former spouse. "(e) A lump-sum payment under this section or section 241 of this Act may be paid by the Director to or for the benefit of a participant— "(1) only upon written notification by the Director to a current spouse of the participant, if any; and "(2) only if the express written concurrence of that spouse has been received by the Director.".

50 USC 403 note.

SPOUSAL AGREEMENTS; COURT DECREES

SEC. 609. The Central Intelligence Agency Retirement Act of 1964 for Certain Employees is further amended— (1) by striking out "None" in section 263 and inserting in lieu thereof "(a) Except as provided in subsection (b) of this section, none"; and (2) by adding at the end thereof the following: "(b) Payments under this Act which would otherwise be made to a participant or the child, survivor, or former spouse of a participant based upon the service of the participant shall be paid (in whole or in part) by the Director directly to the participant, or child, survivor, or former spouse of the participant according to the terms of any legally enforceable spousal agreement or recognized court decree of divorce, annulment, or legal separation between the participant and that former spouse, or the terms of any recognized court order or court-approved property settlement agreement incident to any such spousal agreement or court decree of divorce, annulment, or legal separation. Any payment under this subsection to a party to a spousal agreement, or court decree of divorce, annulment, or legal separation or property settlement agreement incident thereto shall bar recovery by any other person.".

50 USC 403 note.

TECHNICAL AMENDMENTS

SEC. 610. The Central Intelligence Agency Retirement Act of 1964 for Certain Employees is further amended— (1) by striking out in the first sentence of section 221(f) "Any" and inserting in lieu thereof the following: "Subject to the rights of former spouses under sections 221(b) and 222, any"; and (2) by adding to subsection 221(1) the following paragraph: "(4) This subsection shall not apply to the extent provided in section 222(d).".

50 USC 403 note.

COMPULSORY CONTRIBUTIONS

SEC. 611. Section 211 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees is amended by adding at the end thereof the following new subsection: "(c) Amounts deducted and withheld from the basic salary of a participant under this section from the beginning of the first pay

50 USC 403 note.

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Page:United States Statutes at Large Volume 96 Part 1.djvu/1196

 96 STAT. 1154 50 USC 403 note, 50 USC 403 note,

50 USC 403 note, 50 USC 408 note, 50 USC 403 note,

PUBLIC LAW 97-269—SEPT. 27, 1982

period after the participant has completed thirty-five years of creditable service computed under sections 251 and 252 (excluding service credit for unused sick leave under section 221(h)), together with interest on these amounts at the rate of 3 percent a year compounded annually from the date of the deduction to the date of retirement or death, shall be applied toward any special contribution due under section 252(b), and any balance not so required shall be refunded in a lump sum to the participant after separation (or, in the event of a death in service, to a beneficiary in order of precedence specified in subsection 241(b)(1)), subject to any restrictions on lump sums under section 234 of this Act regarding notification or consent of a current spouse to such payments, or the participant may use these sums to purchase an additional annuity in accordance with section 281, or any other elective benefits authorized by this Act, including additional retirement or survivor benefits for a current or former spouse or spouses.". PARTICIPANTS IN THE CIVIL SERVICE RETIREMENT SYSTEM

SEC. 612. The Central Intelligence Agency Act of 1949 (50 U.S.C. 403 a-m) is amended by adding at the end thereof the following new section: " RETIREMENT E Q U I T Y FOR S P O U S E S OF CERTAIN EMPLOYEES

50 USC 403n. fus' Fft2^\^f^'3 ' '

Regulations.

"SEC. 14. (a) The provisions of sections 204, 221(b)(l)-(3), 221(f), 221(g)(2), 221(1), 221(m), 221(n), 221(o), 222, 223, 234(c), 234(d), 234(e), and 263(b) of the Central Intelligence Agency Retirement Act of ^^^^ ^°^ Certain Employees (50 U.S.C. 403 note) establishing certain requirements, limitations, rights, entitlements, and benefits relating to retirement annuities, survivor benefits, and lump-sum payments for a spouse or former spouse of an Agency employee who is a participant in the Central Intelligence Agency Retirement and Disability System shall apply in the same manner and to the same extent in the case of an Agency employee who is a participant in the Civil Service Retirement and Disability System. "(b) The Director of the Office of Personnel Management, in consultation with the Director of Central Intelligence, shall prescribe such regulations as may be necessary to implement the provisions of this section.". EFFECTIVE DATE

50 USC 403 note.

SEC. 613. (a) Except as provided in subsections (b) and (c) of this section, this title shall take effect on November 15, 1982. (b) The provisions of section 222(a) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as added by this title, regarding the rights of former spouses to an annuity shall apply in the case of any individual who after the effective date of this title becomes a former spouse of an individual who separates from service with the Agency after such date. (c) Except to the extent provided in section 223 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, the provisions of section 221(b) (as amended by this title) and the provisions of subsections (b) and (c) of section 222 of such Act, as added by this title, regarding the rights of former spouses to receive survivor annuities shall apply in the case of any individual who

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Page:United States Statutes at Large Volume 96 Part 1.djvu/1197

 PUBLIC LAW 97-269—SEPT. 27, 1982

96 STAT. 1155

after the effective date of this title becomes a former spouse of a participant or former participant in the Central Intelligence Agency Retirement and Disability System. TITLE VII—GENERAL PROVISIONS RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES

SEC. 701. The authorization of appropriations by this Act shall not be deemed to constitute authority for the conduct of any intelligence activity which is not otherwise authorized by the Constitution or laws of the United States.

use prec. title i.

INCREASES IN EMPLOYEE BENEFITS AUTHORIZED BY LAW

SEC. 702. Appropriations authorized by this Act for salary, pay, retirement, and other benefits for Federal employees may be increased by such additional or supplemental amounts as may be necessary for increases in such benefits authorized by law. EFFECTIVE DATE

SEC. 703. The provisions of titles IV and V and of this title shall become effective upon the date of the enactment of this Act. Approved September 27, 1982.

LEGISLATIVE HISTORY—H.R. 6068 (S. 2487): HOUSE REPORTS: No. 97-486, Pt. 1 (Comm. on Intelligence) and Pt. 2 (Comm. on Armed Services) and No. 97-779 (Comm. of Conference). SENATE REPORTS: No. 97-379 (Comm. on Intelligence) and No. 97-480 (Comm. on Armed Services) and No. 97-779 (Comm. of Conference). CONGRESSIONAL RECORD, Vol. 128 (1982): May 18, 19, considered and passed House. June 30, S. 2487 considered and passed Senate; H.R. 6068 amended, passed in lieu. Sept. 8, House agreed to conference report. Sept. 10, Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 18, No. 39 (1982): Sept. 27, Presidential statement.

lo use i9i note.

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Page:United States Statutes at Large Volume 96 Part 1.djvu/1198

 96 STAT. 1156

PUBLIC LAW 97-270—SEPT. 30, 1982

Public Law 97-270 97th Congress Joint Resolution Sept. 30, 1982 [H.J. Res. 520]

TQ provide for a temporary increase in the public debt limit.

Resolved by the Senate and House of Representatives of the United Public debt limit. States of America in Congress assembled. That during the period Temp^ary beginning on October 1, 1982, and ending on September 30, 1983, the A/ite,^^937. public debt limit set forth in the first sentence of section 21 of the 31 USC 3101 Second Liberty Bond Act (31 U.S.C. 757b) shalUbe temporarily note. increased by $890,200,000,000 (and any other provision of law providing for a temporary increase in such limit shall not apply). Approved September 30, 1982.

LEGISLATIVE HISTORY—H.J. Res. 520: CONGRESSIONAL RECORD, Vol. 128 (1982): June 23, considered and passed House. Aug. 16-20, Sept. 8-10, 13-17, 20-23, considered and passed Senate.

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Page:United States Statutes at Large Volume 96 Part 1.djvu/1199

 PUBLIC LAW 97-271—SEPT. 30, 1982

96 STAT. 1157

Public Law 97- •271 97th Congress An Act To authorize the granting of permanent residence status to certain nonimmigrant aliens residing in the Virgin Islands of the United States, and for other purposes.

Be it enacted by the Senate and House of Representatives United States of America in Congress assembled,

Sept. 30, 1982 [H.R. 3517]

of the

SHORT TITLE AND FINDINGS

SECTION 1. (a) This Act may be cited as the "Virgin Islands N o n i m m i g r a n t Alien Adjustment Act of 1982". (b) Congress finds— (1) that in order to eliminate the u n certain t y and insecurity of aliens who— (A) legally entered the Virgin Islands of the United States as n o n i m m i g r a n t s for employment under the temporary alien labor program, (B) have continued to reside in the Virgin Islands for long periods (some for as long as twenty years), and (C) have contributed to the economic, social, and cultural development of the Virgin Islands and have become an integral part of the society of the Virgin Islands, it is necessary and equitable to provide for the orderly adjustment of their immigration s t a t u s to that of p e r m a n e n t resident aliens; and (2) because— (A) the Congress has special responsibility and authority with respect to the territories and the establishment of immigration policy, and (B)(i) the Virgin Islands is a small and densely populated insular territory with limited resources, (ii) most of the aliens eligible for benefits under section 2 of this Act a r e natives of islands in the Caribbean and have relatives residing in such islands, and such relatives, if they were permitted to i m m i g r a t e to the United States, a r e likely to settle in the Virgin Islands, and (iii) the admission of a significant n u m b e r of these relatives would have a severe and d e t r i m e n t a l impact on the limited health, education, housing, and other services available in the Virgin Islands, the r e is a necessary and compelling need to prevent a secondary migration of a significant n u m b e r of such relatives to the Virgin Islands.

Virgin Islands Nonimmigrant Alien Adjustment Act of 1982. 8 USC 1255 note.

ADJUSTMENT OF IMMIGRATION STATUS

SEC. 2. (a) The s t a t u s of any alien described in subsection (b) may be adjusted by the Attorney General, in his discretion and under such regulations as h e may prescribe, to that of an alien lawfully admitted for p e r m a n e n t residence if the alien—

8 USC 1255 note.

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 96 STAT. 1158

8 USC 1182.

8 USC 1101.

8 USC 1151, 11^2.

Definitions. 8 USC 1154. 8 USC 1153, 11^^-

PUBLIC LAW 97-271—SEPT. 30, 1982

(1) makes application for such adjustment during the one-year period beginning on the date of the enactment of this Act, (2) is otherwise eligible to receive an immigrant visa and is otherwise admissible to the United States for permanent residence, except for the grounds of exclusion specified in paragraphs (14), (20), (21), (25), and (32), of section 212(a) of the Immigration and Nationality Act (hereinafter in this Act referred to as "the Act"), and (3) is physically present in the Virgin Islands of the United States at the time of filing such application for adjustment. If such an alien has filed such an application and is or becomes deportable for failure to maintain nonimmigrant status, the Attorney General shall defer the deportation of the alien until final action is taken on the alien's application for adjustment. (b) The benefits provided by subsection (a) apply to any alien who— (1) was inspected and admitted to the Virgin Islands of the United States either as a nonimmigrant alien worker under section 101(a)(15XHXii) of the Act or as a spouse or minor child of such worker, and (2) has resided continuously in the Virgin Islands of the United States since June 30, 1975. (c)(1) The numerical limitations described in sections 201(a) and 202 of the Act shall not apply to an alien's adjustment of status under this section. Such adjustment of status shall not result in any reduction in the number of aliens who may acquire the status of an alien lawfully admitted to the United States for permanent residence under the Act. (2) The Secretary of State, in his discretion and after consultation with the Secretary of the Interior and the Governor of the Virgin Islands of the United States, may limit the number of immigrant visas that may be issued in any fiscal year to aliens with respect to whom second preference petitions (filed by aliens who have had their status so adjusted) are approved. (3) Notwithstanding any other provision of law, no alien shall be eligible to receive an immigrant visa (or to otherwise acquire the status of an alien lawfully admitted to the United States for permanent residence)— (A) by virtue of a fourth or fifth preference petition filed by an individual who had his status adjusted under this section unless the individual establishes to the satisfaction of the Attorney General that exceptional and extremely unusual hardship exists for permitting the alien to receive such visa (or otherwise acquire such status); or (B) by virtue of a second preference petition filed by an individual who was admitted to the United States as an immigrant by virtue of an immediate relative petition filed by the son or daughter of the individual, if that son or daughter had his or her status adjusted under this section. (4) For purposes of this subsection, the terms "second preference petition", "fourth preference petition", "fifth preference petition", and "immediate relative petition" mean, in the case of an alien, a petition filed under section 204(a) of the Act to grant preference status to the alien by reason of the relationship described in section 203(a)(2), 203(a)(4), 203(a)(5), or 201(b), respectively, of the Act. (d) Except as otherwise specifically provided in this section, the definitions contained in the Act shall apply in the administration of

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this section. Nothing contained in this Act shall be held to repeal, amend, alter, modify, effect, or restrict the powers, duties, functions, or authority of the Attorney General in the administration and enforcement of the Act or any other law relating to immigration, nationality, and naturalization. The fact that an alien may be eligible to be granted the status of having been lawfully admitted for permanent residence under this section shall not preclude him from seeking such status under any other provision of law for which he may be eligible. TERMINATION OF TEMPORARY WORKER PROGRAM IN THE VIRGIN ISLANDS

SEC. 3. Notwithstanding any other provision of law, on and after 8 USC 1255 note. the date of the enactment of this Act the Attorney General shall not approve any petition filed under section 214(c) of the Act in the case 8 USC 1184. of importing any alien as a nonimmigrant under section 101(a)(15)(H)(ii) of such Act for employment in the Virgin Islands of 8 USC 1101. the United States other than for employment as an entertainer or as an athlete and for a period not exceeding forty-five days. IMPACT ASSESSMENT AND REPORT

SEC. 4. The Secretaries of Health and Human Services, Education, 8 USC 1255 note. Housing and Urban Development, Labor, and the Interior, and the Attorney General, in consultation with officials of the Government of the Virgin Islands of the United States and within such amounts as may otherwise be available through appropriations, shall jointly assess the impact on the Government of the Virgin Islands of providing health, education, housing, and other social services to individuals whose status is adjusted under section 2 of this Act (and to relatives of such individuals who enter the Virgin Islands as a result of such adjustment) and the need for assistance to the Government of the Virgin Islands to assist it in meeting the needs of these individuals and relatives. They shall, within one year after the date Report to of the enactment of this Act, report to the President and the President and Congress on the results of their assessment and on any recommen- o^s^'^^sdations for changes in legislation which may be appropriate. Approved September 30, 1982.

LEGISLATIVE HISTORY—H.R. 3517: HOUSE REPORT No. 97-307 (Comm. on the Judiciary). SENATE REPORT No. 97-529 (Comm. on the Judiciary). CONGRESSIONAL RECORD: Vol. 127 (1981): Nov. 4, considered and passed House. Vol. 128 (1982): Aug. 20, considered and passed Senate, amended. Sept. 8, House agreed to Senate amendment.

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Page:United States Statutes at Large Volume 96 Part 1.djvu/1202

 96 STAT, 1160

PUBLIC LAW 97-272—SEPT. 30, 1982

Public Law 97-272 97th Congress An Act Sept. 30, 1982 [H.R. 6956]

Department of Housing and Urban DevelopmentIndependent Agencies Appropriation Act, 1983.

Making appropriations for the Department of Housing and Urban Development, and for sundry independent agencies, boards, commissions, corporations, and offices for the fiscal year ending September 30, 1983, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of Housing and Urban Development, and for sundry independent agencies, boards, commissions, corporations, and offices for the fiscal year ending September 30, 1983, and for other purposes, namely: TITLE I DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HOUSING PROGRAMS HOUSING PAYMENTS

For the payment of annual contributions, not otherwise provided for, in accordance with section 5 of the United States Housing Act of 1937, as amended (42 U.S.C. 1437c); for payments authorized by title IV of the Housing Act of 1950, as amended (12 U.S.C. 1749 et seq.); for rent supplement payments authorized by section 101 of the Housing and Urban Development Act of 1965, as amended (12 U.S.C. 1701s); and for payments as authorized by sections 235 and 236 of the National Housing Act, as amended (12 U.S.C. 1715z, 1715z-l), $9,538,000,000. HOUSING FOR THE ELDERLY OR HANDICAPPED FUND

In 1983, $453,000,000 of direct loan obligations may be made under section 202 of the Housing Act of 1959, as amended (12 U.S.C. 1701q), utilizing the resources of the fund authorized by subsection (a)(4) of such section, in accordance with paragraph (C) of such subsection: Provided, That such commitments shall be available only to qualified nonprofit sponsors for the purpose of providing 100 per centum loans for the development of housing for the elderly or handicapped, with any cash equity or other financial commitments imposed as a condition of loan approval to be returned to the sponsor if sustaining occupancy is achieved in a reasonable period of time: Provided further, That the full amount shall be available for permanent financing (including construction financing) for housing projects for the elderly or handicapped: Provided further. That the Secretary may borrow from the Secretary of the Treasury in such amounts as are necessary to provide the loans authorized herein: Provided further, That, notwithstanding any other provision of law, the

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receipts and disbursements of the aforesaid fund shall be included in the totals of the Budget of the United States Government. CONGREGATE SERVICES

For contracts with and payments to public housing agencies and nonprofit corporations for congregate services programs authorized under the Congregate Housing Services Act of 1978, $4,000,000, to remain available until expended.

f2 USC 800i

note.

PAYMENTS FOR OPERATION OF LOW-INCOME HOUSING PROJECTS

For payments to public housing agencies for operating subsidies for low-income housing projects as authorized by section 9 of the United States Housing Act of 1937, as amended (42 U.S.C. 1437g), $1,350,000,000: Provided, That the amount payable to each public housing agency shall be obligated at least forty-five days prior to the beginning of the public housing agency's fiscal year: Provided further. That payments made as a result of the amounts so obligated will begin during the first month of the public housing agency's fiscal year, and shall be made in a lump sum payment to public housing agencies receiving $15,000 or less, shall be made quarterly to public housing agencies receiving payments over $15,000 and less than $60,000, and shall be made monthly to public housing agencies receiving payments of $60,000 or more: Provided further. That funds heretofore provided under this heading in Public Law 97-101 shall 95 Stat. 1417. remain available for obligation for the fiscal year ending September 30, 1983, and shall be used by the Secretary for fiscal year 1983 requirements in accordance with section 9(a), notwithstanding section 9(d) of the United States Housing Act of 1937, as amended. TROUBLED PROJECTS OPERATING SUBSIDY

For assistance payments to owners of eligible multifamily housing projects insured, or formerly insured, under the National Housing Act, as amended, in the program of operating subsidies for troubled 12 USC 1701. multifamily housing projects under the Housing and Community Development Amendments of 1978, all unobligated balances of 42 USC 5301 excess rental charges and any collections after September 30, 1982, note. to remain available until September 30, 1984: Provided, That assistance payments to an owner of a multifamily housing project assisted, but not insured, under the National Housing Act may be made if the project owner and the mortgagee have provided or agreed to provide assistance to the project in a manner as determined by the Secretary of Housing and Urban Development. HOUSING COUNSELING ASSISTANCE

For contracts, grants, and other assistance, not otherwise provided for, for providing counseling and advice to tenants and homeowners—both current and prospective—with respect to property maintenance, financial management, and such other matters as may be appropriate to assist them in improving their housing conditions and meeting the responsibilities of tenancy or homeownership, including provisions for training and for support of voluntary agencies and services as authorized by section 106(a)(l)(iii) and section

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Page:United States Statutes at Large Volume 96 Part 1.djvu/1204

 96 STAT. 1162 12 USC 1701X.

PUBLIC LAW 97-272—SEPT. 30, 1982

106(a)(2) of the Housing and Urban Development Act of 1968, as amended, $3,500,000. FEDERAL HOUSING ADMINISTRATION FUND

12 USC 1715U.

For payment to cover losses, not otherwise provided for, sustained by the Special Risk Insurance Fund and General Insurance Fund as authorized by the National Housing Act, as amended (12 U.S.C. 1715z-3(b) and 1735c(f)), $240,022,000, to remain available until expended. During 1983, within the resources available, gross obligations for direct loans are authorized in such amounts as may be necessary to carry out the purposes of the National Housing Act, as amended. During 1983, additional commitments to guarantee loans to carry out the purposes of the National Housing Act, as amended, shall not exceed $39,800,000,000 of loan principal. During fiscal year 1983, gross obligations for direct loans of not to exceed $45,000,000 are authorized for payments under section 230(a) of the National Housing Act, as amended, from the insurance fund chargeable for benefits on the mortgage covering the property to which the payments made relate, and payments in connection with such obligations are hereby approved. NONPROFIT SPONSOR ASSISTANCE

During 1983, within the resources and authority available, gross obligations for the principal amounts of direct loans shall not exceed $1,790,000. GOVERNMENT NATIONAL MORTGAGE ASSOCIATION P A Y M E N T OF PARTICIPATION SALES INSUFFICIENCIES

81 Stat. 341.

For the payment of such insufficiencies as may be required by the Government National Mortgage Association, as trustee, on account of outstanding beneficial interests or participations in assets of the Department of Housing and Urban Development (including the Government National Mortgage Association) authorized by the Independent Offices and Department of Housing and Urban Development Appropriation Act, 1968, to be issued pursuant to section 302(c) of the Federal National Mortgage Association Charter Act, as amended (12 U.S.C. 1717), $2,726,000. EMERGENCY MORTGAGE PURCHASE ASSISTANCE

During 1983, within the resources and authority available, gross obligations for the principal amounts of direct loans are authorized in such amounts as are necessary for increases to prior year commitment contracts. GUARANTEES OF MORTGAGE-BACKED SECURITIES

12 USC 1721.

During 1983, new commitments to issue guarantees to carry out the purposes of siection 306 of the National Housing Act, as amended (12 U.S.C. 1721g), shall not exceed $68,250,000,000 of loan principal.

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96 STAT. 1163

SOLAR ENERGY AND ENERGY CONSERVATION BANK ASSISTANCE FOR SOLAR AND CONSERVATION IMPROVEMENTS

For financial assistance and other expenses, not otherwise provided for, to carry out the provisions of the Solar Energy and Energy Conservation Bank Act of 1980 (12 U.S.C. 8601), $20,000,000, to 12 USC 3601 remain available until September 30, 1984. "°*^COMMUNITY PLANNING AND DEVELOPMENT COMMUNITY DEVELOPMENT GRANTS

For grants to States and units of general local government and for related expenses, not otherwise provided for, necessary for carrying out a community development grant program as authorized by title I of the Housing and Community Development Act of 1974, as amended (42 U.S.C. 5301), $3,456,000,000, to remain available until September 30, 1985: Provided, That not to exceed 20 per centum of any grant made with funds appropriated herein shall be expended for "Planning and Management Development" and "Administration" as defined in regulations promulgated by the Department of Housing and Urban Development. During 1983, total commitments to guarantee loans, as authorized by section 108 of the aforementioned Act, shall not exceed 42 USC 5308. $225,000,000 of contingent liability for loan principal. URBAN DEVELOPMENT ACTION GRANTS

For grants to carry out urban development action grant programs authorized in section 119 of the Housing and Community Development Act of 1974, as amended (42 U.S.C. 5301), pursuant to section 42 USC 5318. 103 of that Act, $440,000,000, to remain available until September 30, 1986. REHABILITATION LOAN FUND

During 1983, collections, unexpended balances of prior appropriations (including any recoveries of prior reservations) and any other amounts in the revolving fund established pursuant to section 312 of the Housing Act of 1964, as amended (42 U.S.C. 1452b), after September 30, 1982, are available for commitments for loans and operating costs and the capitalization of delinquent interest on delinquent or defaulted loans. URBAN H O M E S T E A D I N G

For reimbursement to the Federal Housing Administration Fund for losses incurred under the urban homesteading program (12 U.S.C. 1706e), and for reimbursement to the Administrator of Veterans Affairs and the Secretary of Agriculture for properties conveyed by the Administrator of Veterans Affairs and the Secretary of Agriculture, respectively, for use in connection with an urban homesteading program approved by the Secretary of Housing and Urban Development pursuant to section 810 of the Housing and Community Development Act of 1974, as amended, $12,000,000, to remain available until expended.

12 USC I706e.

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 96 STAT. 1164

PUBLIC LAW 97-272—SEPT. 30, 1982 NEW COMMUNITY DEVELOPMENT CORPORATION NEW COMMUNITIES FUND

For the redemption of new community debentures and related expenses, authorized by section 713, Housing and Urban Development Act of 1970, as amended (42 U.S.C. 4514), and section 403, Housing and Urban Development Act of 1968, as amended (42 U.S.C. 3902), such sums as may be necessary, to be financed as provided by section 717, Housing and Urban Development Act of 1970, as amended (42 U.S.C. 4518). POLICY DEVELOPMENT AND RESEARCH RESEARCH AND TECHNOLOGY

5 USC app.

For contracts, grants, and necessary expenses of programs of research and studies relating to housing and urban problems, not otherwise provided for, as authorized by title V of the Housing and Urban Development Act of 1970, as amended (12 U.S.C. 1701z-l et seq.), including carrying out the functions of the Secretary under section l(a)(l)(i) of Reorganization Plan No. 2 of 1968, $18,000,000, to remain available until September 30, 1984. FAIR HOUSING AND EQUAL OPPORTUNITY FAIR HOUSING ASSISTANCE

42 USC 3601.

For contracts, grants, and other assistance, not otherwise provided for, as authorized by title VIII of the Civil Rights Act of 1968, as amended, $5,700,000, to remain available until September 30, 1984. MANAGEMENT AND ADMINISTRATION SALARIES A N D EXPENSES (INCLUDING TRANSFER OF FUNDS)

For necessary administrative and nonadministrative expenses of the Department of Housing and Urban Development, not otherwise provided for, including not to exceed $3,000 for officieQ reception and representation expenses, $575,223,000, of which $267,723,000 shall be provided from the various funds of the Federal Housing Administration: Provided, That none of the funds made available in this paragraph may be used prior to January 1, 1983, to plan, design, implement or administer any reorganization of the Department without the prior approval of the Committees on Appropriations. TITLE II INDEPENDENT AGENCIES AMERICAN BATTLE MONUMENTS COMMISSION SALARIES AND EXPENSES

For necessary expenses, not otherwise provided for, of the American Battle Monuments Commission, including the acquisition of

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96 STAT. 1165

land or interest in land in foreign countries; purchases and repair of uniforms for caretakers of national cemeteries and monuments outside of the United States and its territories and possessions; rent of office and garage space in foreign countries; purchase (one for replacement only) and hire of passenger motor vehicles; and insurance of official motor vehicles in foreign countries when required by law of such countries; $10,669,000: Provided, That where station allowance has been authorized by the Department of the Army for officers of the Army serving the Army at certain foreign stations, the same allowance shall be authorized for officers of the Armed Forces assigned to the Commission while serving at the same foreign stations, and this appropriation is hereby made available for the payment of such allowance: Provided further. That when traveling on business of the Commission, officers of the Armed Forces serving as members or as secretary of the Commission may be reimbursed for expenses as provided for civilian members of the Commission: Provided further. That the Commission shall reimburse other Government agencies, including the Armed Forces, for salary, pay, and allowances of personnel assigned to it. CONSUMER PRODUCT SAFETY COMMISSION SALARIES AND EXPENSES

For necessary expenses of the Consumer Product Safety Commission, including rent in the District of Columbia, hire of passenger motor vehicles, services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for GS-18, and not to exceed $500 for official reception and representation expenses, $33,508,000: Provided, That funds provided by this appropriation for laboratories shall be available only for the acquisition or conversion of existing laboratories. DEPARTMENT OF DEFENSE—CIVIL CEMETERIAL EXPENSES, ARMY SALARIES AND EXPENSES

For necessary expenses, as authorized by law, for maintenance, operation, and improvement of Arlington National Cemetery and Soldiers' Home National Cemetery, including the purchase of two passenger motor vehicles for replacement only, $6,682,000, to remain available until expended: Provided, That reimbursement shall be made to the applicable military appropriation for the pay and allowances of any military personnel performing services primarily for the purposes of this appropriation. ENVIRONMENTAL PROTECTION AGENCY SALARIES AND EXPENSES

For necessary expenses, not otherwise provided for, including hire of passenger motor vehicles; hire, maintenance, and operation of aircraft; uniforms, or allowances therefor, as authorized by 5 U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for

36 USC I2lb.

36 USC 122.

36 USC I22a.

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 96 STAT. 1166

PUBLIC LAW 97-272—SEPT. 30, 1982

GS-18; purchase of reprints; library memberships in societies or associations which issue publications to members only or at a price to members lower than to subscribers who are not members; and not to exceed $3,000 for offical reception and representation expenses; $548,613,200: Provided, That none of these funds may be expended for purposes of Resource Conservation and Recovery Panels established under section 2003 of the Resource Conservation and Recovery Act. as amended (42 U.S.C. 6913). RESEARCH AND DEVELOPMENT

For research and development activities, $119,000,000, to remain available until September 30, 1984. ABATEMENT, CONTROL AND COMPLIANCE

42 USC 6941. 42 USC 6948, 6949.

For abatement, control and compliance activities, $369,075,000, to remain available until September 30, 1984: Provided, That none of these funds may be expended for purposes of Resource Conservation and Recovery Panels established under section 2003 of the Resource Conservation and Recovery Act, as amended (42 U.S.C. 6913) or for support to State, regional, local and interstate agencies in accordance with subtitle D of the Solid Waste Disposal Act, as amended, other than section 4008(a)(2) or 4009: Provided further. That notwithstanding any other provision of law, Inverness, Mississippi shall be reimbursed for the costs incurred for the construction of a hydrological control release lagoon. BUILDINGS AND FACILITIES

For construction, repair, improvement, extension, alteration, and purchase of fixed equipment for facilities of, or used by, the Environmental Protection Agency, $3,000,000, to remain available until expended. PAYMENT TO THE HAZARDOUS SUBSTANCE RESPONSE TRUST FUND

42 USC 9631.

For payment to the Hazardous Substance Response Trust Fund as authorized by Public Law 96-510, $40,000,000. HAZARDOUS SUBSTANCE RESPONSE TRUST FUND

42 USC 9601 not«42 USC 9611.

For necessary expenses to carry out the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, including sections H I (c)(3), (c)(5), (c)(6), and (e)(4), $210,000,000, to be derived from the Hazardous Substance Response Trust Fund, to remain available until expended: Provided, That not to exceed $37,380,000 shall be available for administrative expenses. Funds appropriated under this account may be allocated to other Federal agencies in accordance with section 111(a) of Public Law 96-510: Provided further. That of the funds appropriated under this head, $8,000,000 shall be made available to the Department of Health and Human Services, upon enactment, and up to an additional $2,000,000 may be made available by the Administrator to the Department for the performance of specific activities in accordance with section 111(c)(4) of Public Law 96-510, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980: Provided further. That management of all funds made available to

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96 STAT. 1167

the Department shall be consistent with the responsibilities of the Trustee of the Fund, as outlined in section 223(b) of the Act: 42 USC 9633. Provided further, That the administrative expenses contained in the first proviso are increased by $4,708,000: Provided further. That for purposes of carrying out section 3012 of the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. 6933), as added by Public Law 96-482, $10,000,000, from the funds provided under this head, to remain available until September 30, 1984. CONSTRUCTION GRANTS

For necessary expenses to carry out title II of the Federal Water Pollution Control Act, as amended, including sections 201(n)(2) and 201(m)(3), other than sections 206, 208, and 209, $2,430,000,000, to remain available until expended.

33 USC 1281. 33 USC 1281, ^^^^' ^^^^' ^^^^•

ADMINISTRATIVE PROVISION

With funds appropriated by this Act the Administrator shall cancel, deny, or take any other necessary action to cancel or deny, the registration of any pesticide product containing toxaphene: Provided, That none of the funds appropriated by this Act shall be used for the purpose of granting any registration of any pesticide product containing toxaphene, or for the purpose of approving any amendment to such a registration which would allow the use of such a product: Provided further. That this provision shall not apply to the use of toxaphene for the treatment of nondairy cattle scabies by topical application on an individual basis, as approved by the Animal and Plant Health Inspection Service of the United States Department of Agriculture, until existing stocks are depleted or for a period of three years after enactment of this Act, whichever comes first: Provided further. That the foregoing provisos shall only take effect if the Environmental Protection Agency fails to promulgate a notice of intent to cancel or restrict registration of toxaphene within sixty days after enactment of this Act. EXECUTIVE OFFICE OF THE PRESIDENT COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF ENVIRONMENTAL QUALITY

For necessary expenses of the Council on Environmental Quality and the Office of Environmental Quality, in carrying out their functions under the National Environmental Policy Act of 1969 (Public Law 91-190), the Environmental Quality Improvement Act of 1970 (Public Law 91-224), and Reorganization Plan No. 1 of 1977, including not to exceed $500 for official reception and representation expenses, and hire of passenger motor vehicles, $926,000. OFFICE OF SCIENCE AND TECHNOLOGY POLICY

For necessary expenses of the Office of Science and Technology Policy, in carrying out the purposes of the National Science and Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C. 6601 and 6671), hire of passenger motor vehicles, services as authorized by 5 U.S.C. 3109, not to exceed $1,500 for official recep-

42 USC 4321 '^otenote ^^^^ 5 USC app.

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 96 STAT. 1168

PUBLIC LAW 97-272—SEPT. 30, 1982

tion and representation expenses, and rental of conference rooms in the District of Columbia, $1,839,000. FEDERAL EMERGENCY MANAGEMENT AGENCY FUNDS APPROPRIATED TO THE PRESIDENT, DISASTER RELIEF

42 USC 4401 note.

For necessary expenses in carrying out the functions of the Disaster Relief Act of 1970, as amended (42 U.S.C. 4401), and the Disaster Relief Act of 1974, as amended (42 U.S.C. 5121 et seq.), $130,000,000 to remain available until expended. SALARIES AND EXPENSES

For necessary expenses, not otherwise provided for, including hire of passenger motor vehicles; uniforms, or allowances therefor, as authorized by 5 U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for GS-18; expenses of attendance of cooperating officials and individuals at meetings concerned with the work of emergency preparedness; transportation in connection with the continuity of government program to the same extent and in the same manner as permitted the Secretary of a Military Department under 10 U.S.C. 2632; and not to exceed $500 for official reception and representation expenses, $111,300,000. STATE AND LOCAL ASSISTANCE

42 USC 4001 note.

For necessary expenses, not otherwise provided for, to carry out activities under the Federal Civil Defense Act of 1950, as amended (50 U.S.C. App. 2251 et seq.), the Disaster Relief Act of 1974, as amended (42 U.S.C. 5121 et seq.), the National Flood Insurance Act of 1968, as amended, the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.), and the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 et seq.), $154,591,000. EMERGENCY PLANNING AND ASSISTANCE

12 USC 1701 note

5 USC app.

For necessary expenses, not otherwise provided for, to carry out activities under the National Flood Insurance Act of 1968, as amended, and the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 et seq.), the Urban Property Protection and Reinsurance Act of 1968, as amended, and the National Insurance Development Act of 1975 (12 U.S.C. 1749bbb et seq.), the Disaster Relief Act of 1974 (42 U.S.C. 5121 et seq.), the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.), the Federal Fire Prevention and Control Act of 1974, as amended (15 U.S.C. 278f and 2201 et seq.), the National Science and Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C. 6601 and 6671), the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.), the Federal Civil Defense Act of 1950, as amended (50 U.S.C. App. 2251 et seq.), the Defense Production Act of 1950, as amended (50 U.S.C. App. 2061 et seq.), section 103 of the National Security Act (50 U.S.C. 404), and Reorganization Plan No. 3 of 1978, $154,007,000.

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96 STAT. 1169

NATIONAL FLOOD INSURANCE FUND

For repayment under notes dated April 17, 1979, and September 28, 1979, issued by the Director of the Federal Emergency Management Agency to the Secretary of the Treasury pursuant to section 15(e) of the Federal Flood Insurance Act of 1956, as amended (42 U.S.C. 2414(e)), $39,159,000. In fiscal year 1983, not to exceed (1) $32,341,000 for operating expenses, (2) $38,746,000 for agents' commissions and taxes, and (3) $13,889,000 for interest on Treasury borrowings shall be available from the National Flood Insurance Fund without the approval of the Committees on Appropriations. GENERAL SERVICES ADMINISTRATION CONSUMER INFORMATION CENTER

For necessary expenses of the Consumer Information Center, including services authorized by 5 U.S.C. 3109, $1,351,000. DEPARTMENT OF HEALTH AND HUMAN SERVICES OFFICE OF CONSUMER AFFAIRS

For necessary expenses of the Office of Consumer Affairs, including services authorized by 5 U.S.C. 3109, $1,947,000. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION RESEARCH AND DEVELOPMENT

For necessary expenses, not otherwise provided for, including research, development, operations, services, minor construction, maintenance, repair, rehabilitation and modification of real and personal property; tracking and data relay satellite services as authorized by law; purchase, hire, maintenance, and operation of other than administrative aircraft, necessary for the conduct and support of aeronautical and space research and development activities of the National Aeronautics and Space Administration; and including not to exceed (1) $1,769,000,000 for Space Shuttle, (2) $1,796,000,000: Provided, That the amount available for obligation or expenditure shall be reduced to the extent subsequent authorizations provide for transfers for Space Flight Operations, (3) $115,000,000 for Space Transportation Systems—Upper Stages, (4) $88,000,000 for Space Transportation Systems Operations—Upper Stages, (5) $137,500,000 for the Space Telescope, (6) $34,500,000 for the Gamma Ray Observatory, (7) $92,600,000 for Project Galileo, (8) $4,000,000 for a Space Station, (9) $55,000,000 for Performance Augmentation, without the approval of the (Ilommittees on Appropriations, $5,542,800,000, to remain available until September 30, 1984: Provided, That $280,000,000 shall be made available for aeronautical research and technology, that $192,000,000 shall be made available for design, development, procurement, and other related requirements of liquid hydrogen-liquid oxygen upper stages (CJentaur): Provided further. That none of the funds in this or any other Act shall be used for the development of a fifth space shuttle orbiter without the approval of the Committees on Appropriations.

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Page:United States Statutes at Large Volume 96 Part 1.djvu/1212

 96 STAT. 1170

PUBLIC LAW 97-272—SEPT. 30, 1982 CONSTRUCTION OF PACIUTIES

For construction, repair, rehabilitation and modification of facilities, minor construction of new facilities and additions to existing facilities, and for facility planning and design not otherwise provided, for the National Aeronautics and Space Administration, and for the acquisition or condemnation of real property, as authorized by law, $97,500,000, to remain available until September 30, 1985: Provided, That, notwithstanding the limitation on the availability of funds appropriated under this head by this appropriation Act, when any activity has been initiated by the incurrence of obligations therefor, the amount available for such activity shall remain available until expended, except that this provision shall not apply to the amounts appropriated pursuant to the authorization for repair, rehabilitation and modification of facilities, minor construction of new facilities and additions to existing facilities, and facility planning and design. RESEARCH AND PROGRAM MANAGEMENT

For necessary expenses of research in government laboratories, management of programs and other activities of the National Aeronautics and Space Administration, not otherwise provided for, including uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901-5902); awards; purchase (for replacement only, of two aircraft, for which partial payment may be made by exchange of at least one existing administrative aircraft and such other existing aircraft as may be considered appropriate), hire, maintenance and operation of administrative aircraft; purchase (not to exceed seventeen for replacement only) and hire of passenger motor vehicles; and maintenance and repair of real and personal property, and not in ejccess of $75,000 per project for construction of new facilities and additions to existing facilities, repairs, and rehabilitation and modification of facilities; $1,168,900,000: Provided, That contracts may be entered into under this appropriation for maintenance and operation of facilities, and for other services, to be provided during the next fiscal year: Provided further. That not to exceed $25,000 of the foregoing amount shall be available for scientific consultations or extraordinary expense, to be expended upon the approval or authority of the Administrator and his determination shall be final and conclusive. NATIONAL CREDIT UNION ADMINISTRATION CENTRAL UQUIDITY FACILITY

The amount which may be borrowed, from the public or any other source except the Secretary of the Treasury, by the Central Liquidity Facility as authorized by the National Credit Union Central Liquidity Facility Act (12 U.S.C. 1795), shall not exceed $600,000,000: Provided, That administrative expenses of the Central Liquidity Facility in fiscal year 1983 shall not exceed $1,368,000.

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Page:United States Statutes at Large Volume 96 Part 1.djvu/1213

 PUBLIC LAW 97-272—SEPT. 30, 1982

96 STAT. 1171

NATIONAL SCIENCE FOUNDATION RESEARCH AND RELATED ACTIVITIES

For necessary expenses in carrying out the purposes of the National Science Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), title IX of the National Defense Education Act of 1958 (42 U.S.C. 1876-1879), and the Act to establish a National Medal of Science (42 U.S.C. 1880-1881); services as authorized by 5 U.S.C. 3109; lease of one aircraft with option to purchase and purchase; maintenance and operation of aircraft and purchase of flight services for research support; hire of passenger motor vehicles; not to exceed $2,500 for official reception and representation expenses; not to exceed $62,381,000 for program development and management; uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901-5902); rental of conference rooms in the District of Columbia; and reimbursement of the General Services Administration for security guard services, $1,060,000,000, to remain available until September 30, 1984: Provided, That receipts for scientific support services and materials furnished by the National Research Centers and other National Science Foundation supported research facilities may be credited to this appropriation: Provided further, That to the extent that the amount appropriated is less than the total amount authorized to be appropriated for included program activities, all amounts, including floors and ceilings, specified in the authorizing Act for those program activities or their subactivities shall be reduced proportionally: Provided further. That of the funds appropriated in this Act or in funds appropriated previously to the Foundation, not less than $9,000,000 shall be available for the United States Antarctic Research Program and not more than $73,400,000 shall be available for the United States Antarctic Program operations and support: Provided further. That no funds appropriated in this Act or in funds previously appropriated to the Foundation shall be available for the advanced ocean drilling program without the approval of the Committees on Appropriations and not in excess of $12,000,000 shall be available for the deep sea drilling project without the approval of the Committees on Appropriations. SCIENCE EDUCATION ACTIVITIES

For necessary expenses in carrying out science education programs and activities pursuant to the purposes of the National Science Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), including award of graduate fellowships, services as authorized by 5 U.S.C. 3109, and rental of conference rooms in the District of Columbia, $30,000,000, to remain available until September 30, 1984: Provided, That to the extent that the amount of this appropriation is less than the total amount authorized to be appropriated for included program activities, all amounts, including floors and ceilings, specified in the authorizing Act for those program activities or their subactivities shall be reduced proportionally.

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Page:United States Statutes at Large Volume 96 Part 1.djvu/1214

 96 STAT. 1172

PUBLIC LAW 97-272—SEPT. 30, 1982 SCIENTIFIC ACTIVITIES OVERSEAS (SPECIAL FOREIGN CURRENCY PROGRAM)

For payments in foreign currencies which the Treasury Department determines to be excess to the normal requirements of the United States, for scientific activities, as authorized by law, $2,200,000, to remain available until September 30, 1984: Provided, That this appropriation shall be available in addition to other appropriations to the National Science Foundation, for payments in the foregoing currencies. NEIGHBORHOOD REINVESTMENT CORPORATION PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION

For payment to the Neighborhood Reinvestment Corporation for use in neighborhood reinvestment activities, as authorized by the Neighborhood Reinvestment Corporation Act (42 U.S.C. 8101-8107), $15,512,000: Provided, That notwithstanding any other provisions of this or any other Act, the Secretary of Housing and Urban Development, the Federal Home Loan Bank Board and the Federal Home Loan Banks, the Board of Governors of the Federal Reserve System and the Federal Reserve Banks, the Federal Deposit Insurance Corporation, the Comptroller of the Currency, and the National Credit Union Administration or any other department, agency or other instrumentality of the Federal Government may provide to the Neighborhood Reinvestment Corporation such funds, services, and facilities as they deem appropriate, with or without reimbursement, to achieve the objectives and to carry out the purposes of the Neighborhood Reinvestment Corporation Act, with the prior approval of the Committees on Appropriations. SELECTIVE SERVICE SYSTEM SALARIES AND EXPENSES

For necessary expenses of the Selective Service System, including expenses of attendance at meetings and of training for uniformed personnel assigned to the Selective Service System, as authorized by law (5 U.S.C. 4101-4118) for civilian employees; and not to exceed $500 for official reception and representation expenses; $22,700,000: Provided, That during the current fiscal year, the President may exempt this appropriation 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: Provided further. That none of the funds appropriated by this Act may be expended for or in connection with the induction of any person into the Armed Forces of the United States. DEPARTMENT OF THE TREASURY PAYMENTS TO STATE AND LOCAL GOVERNMENT FISCAL ASSISTANCE TRUST FUND

For payments to the State and Local Government Fiscal Assistance Trust Fund, as authorized by the State and Local Fiscal

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Page:United States Statutes at Large Volume 96 Part 1.djvu/1215

 PUBLIC LAW 97-272—SEPT. 30, 1982

96 STAT. 1173

Assistance Act of 1972, as amended (31 U.S.C. 1221-1263), $4,566,700,000. OFFICE OF REVENUE SHARING, SALARIES AND EXPENSES

For necessary expenses of the Office of Revenue Sharing, including hire of passenger motor vehicles, $6,612,000. OFFICE OP THE SECRETARY, SALARIES AND EXPENSES

For necessary expenses of the Office of the Secretary, $310,000. VETERANS ADMINISTRATION COMPENSATION AND PENSIONS

For the payment of compensation, pensions, gratuities, and allowances, including burial awards, plot allowances, burial flags, headstones and grave markers, emergency and other officers' retirement pay, adjusted-service credits and certificates, and other benefits as authorized by law; and for payment of premiums due on commercial life insurance policies guaranteed under the provisions of article IV of the Soldiers' and Sailors' Civil Relief Act of 1940, as amended, so use app. 540. $13,430,800,000, to remain available until expended. READJUSTMENT BENEFITS

For the payment of readjustment and rehabilitation benefits to or on behalf of veterans as authorized by law (38 U.S.C. chapters 21,31, 34-36, 39, 51, 53, 55, and 61), $1,665,800,000, to remain available 38 USC 80i et until expended. «|9' ^^^^^V?^'^' '^ VETERANS INSURANCE AND INDEMNITIES

1651-1770 efseg., 1901 et sea., 3001 et seq., 3101 et seq., 3201 et seq..

For military and naval insurance, national service life insurance, 350i et seq. servicemen's indemnities, and service-disabled veterans insurance, as authorized by law (38 U.S.C. chapter 19; 70 Stat. 887; 72 Stat. 487), 38 USC 70i et $6,400,000, to remain available until expended. MEDICAL CARE

For necessary expenses for the maintenance and operation of hospitals, nursing homes, and domiciliary facilities; for furnishing, as authorized by law, inpatient and outpatient care and treatment to beneficiaries of the Veterans Administration, including care and treatment in facilities not under the jurisdiction of the Veterans Administration, and furnishing recreational facilities, supplies and equipment; funeral, burial and other expenses incidental thereto for beneficiaries receiving care in Veterans Administration facilities; repairing, altering, improving or providing facilities in the several hospitals and homes under the jurisdiction of the Veterans Administration, not otherwise provided for, either by contract or by the hire of temporary employees and purchase of materials; uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901-5902); aid to State homes as authorized by law (38 U.S.C. 641); and not to exceed $2,000,000 to fund cost comparison studies as referred to in 38 U.S.C. 5010(a)(5); $7,510,606,000, plus reimbursements.

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Page:United States Statutes at Large Volume 96 Part 1.djvu/1216

 96 STAT. 1174

PUBLIC LAW 97-272—SEPT. 30, 1982 MEDICAL AND PROSTHETIC RESEARCH

For necessary expenses in carrying out programs of medical and prosthetic research and development, as authorized by law, to remain available until September 30, 1984, $152,665,000, plus reimbursements. MEDICAL ADMINISTRATION AND MISCELLANEOUS OPERATING EXPENSES

For necessary expenses in the administration of the medical, hospital, nursing home, domiciliary, construction and supply, research, employee education and training activities, as authorized by law, $55,807,000, plus reimbursements. GENERAL OPERATING EXPENSES

For necessary operating expenses of the Veterans Administration, not otherwise provided for, including uniforms or allowances therefor, as authorized by law; not to exceed $3,000 for official reception and representation expenses; cemeterial expenses as authorized by law; purchase of eight passenger motor vehicles, for use in cemeterial operations, and hire of passenger motor vehicles; and reimbursement of the General Services Administration for security guard services, and the Department of Defense for the cost of overseas employee mail, $689,000,000. CONSTRUCTION, MAJOR PROJECTS

For constructing, altering, extending and improving any of the facilities under the jurisdiction or for the use of the Veterans Administration, or for any of the purposes set forth in sections 1004, 1006, 5002, 5003, 5006, 5008, 5009, and 5010 of title 38, United States Code, including planning, architectural and engineering services, and site acquisition, where the estimated cost of a project is $2,000,000 or more or where funds for a project were made available in a previous major project appropriation, $407,392,000, to remain available until expended: Provided, That, except for advance planning of projects funded through the Advance Planning Fund, none of these funds shall be used for any project which has not been considered and approved by the Congress in the budgetary process. CONSTRUCTION, MINOR PROJECTS

For constructing, altering, extending, and improving any of the facilities under the jurisdiction or for the use of the Veterans Administration, including planning, architectural and engineering services, and site acquisition, or for any of the purposes set forth in sections 1004, 1006, 5002, 5006, 5008, 5009, and 5010 of title 38, United States Code, where the estimated cost of a project is less than $2,000,000, $141,748,000, to remain available until expended, along with unobligated balances of previous Construction, minor projects appropriations which are hereby made available for any project where the estimated cost is less than $2,000,000: Provided, That not more than $32,865,000 shall be available for expenses of the Office of Construction.

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Page:United States Statutes at Large Volume 96 Part 1.djvu/1217

 PUBLIC LAW 97-272—SEPT. 30, 1982

96 STAT. 1175

GRANTS FOR CONSTRUCTION OP STATE EXTENDED CARE FACILITIES

For grants to assist the several States to construct State nursing home and domiciliary facilities and to remodel, modify or alter existing hospital, nursing home and domiciliary facilities in State homes, for furnishing care to veterans, as authorized by law (38 U.S.C. 5031-6037), $18,000,000, to remain available until September 30, 1985. GRANTS FOR THE CONSTRUCTION OF STATE VETERANS CEMETERIES

For grants to aid States in establishing, expanding or improving State veterans' cemeteries as authorized by law (Public Law 95-476, 92 Stat. 1503. sec. 202), $2,500,000, to remain available until September 30, 1985. GRANTS TO THE REPUBLIC OF THE PHILIPPINES

For payment to the Republic of the Philippines of grants, as authorized by law (38 U.S.C. 632), for assisting in the replacement and upgrading of equipment and in rehabilitating the physical plant and facilities of the Veterans Memorial Medical Center, $500,000, to remain available until September 30, 1984. LOAN GUARANTY REVOLVING FUND

During 1983, the Loan guaranty revolving fund shall be available for expenses for property acquisitions, payment of participation sales insufficiencies, and other loan guaranty and insurance operations, as authorized by law (38 U.S.C. chapter 37, except adminis- ^8 USC isoi et trative expenses, as authorized by section 1824 of such title): ^ ^ ^^ Provided, That the unobligated balances, including retained earn- ^ ^°^ ^ ^ ^ ^^ ings of the Direct loan revolving fund, shall be available, during 1983, for transfer to the Loan guaranty revolving fund in such amounts as may be necessary to provide for the timely payment of obligations of such fund, and the Administrator of Veterans Affairs shall not be required to pay interest on amounts so transferred after the time of such transfer. During 1983, within the resources available, gross obligations for direct loans and total commitments to guarantee loans are authorized in such amounts as may be necessary to carry out the purposes of the "Loan guaranty revolving fund". DIRECT LOAN REVOLVING FUND

During 1983, within the resources available, gross obligations for direct loans are authorized only for specially adapted housing loans and obligations for such loans shall not exceed $1,000,000 (38 U.S.C. chapter 37). ADMINISTRATIVE PROVISIONS

Not to exceed 5 per centum of any appropriation for 1983, for "Compensation and pensions", "Readjustment benefits", and "Veterans insurance and indemnities" may be transferred to any other of the mentioned appropriations, but not to exceed 10 per centum of the appropriations so augmented.

97-200 O-84-pt. 1

39: QL3

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Page:United States Statutes at Large Volume 96 Part 1.djvu/1218

 96 STAT. 1176

PUBLIC LAW 97-272—SEPT. 30, 1982

Appropriations available to the Veterans Administration for 1983, for salaries and expenses shall be available for services as authorized by 5 U.S.C. 3109. No part of the appropriations in this Act for the Veterans Administration (except the appropriations for "Construction, major projects" and "Construction, minor projects") shall be available for the purchase of any site for or toward the construction of any new hospital or home. No part of the foregoing appropriations shall be available for hospitalization or examination of any persons except beneficiaries entitled under the laws bestowing such benefits to veterans, unless reimbursement of cost is made to the appropriation at such rates as may be fixed by the Administrator of Veterans Affairs. Not to exceed $35,000,000 of the foregoing appropriations shall be available for medical automatic data processing services as set forth in the budget justifications without the approval of the Committees on Appropriations. TITLE III CORPORATIONS Corporations and agencies of the Department of Housing and Urban Development and the Federal Home Loan Bank Board which 31 USC 841 note, are subject to the Government Corporation Control Act, as amended, Ante, p. 877. are hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to each such corporation or agency and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations 31 USC 849. as provided by section 104 of the Act as may be necessary in Ante, p. 877. carrying out the programs set forth in the budget for 1983 for such corporation or agency except as hereinafter provided: Provided, That collections of these corporations and agencies may be used for new loan or mortgage purchase commitments only to the extent expressly provided for in this Act (unless such loans are in support of other forms of assistance provided for in this or prior appropriation Acts), except that this proviso shall not apply to the mortgage insurance or guaranty operations of these corporations, or where loans or mortgage purchases are necessary to protect the financial interest of the United States Government. FEDERAL HOME LOAN BANK BOARD LIMITATION ON ADMINISTRATIVE AND NONADMINISTRATIVE EXPENSES, FEDERAL HOME LOAN BANK BOARD

Not to exceed a total of $65,040,000 shall be available for expenses of the Federal Home Loan Bank Board, which amount shall include nonadministrative expenses for the examination and supervision of Federal and State-chartered institutions in an amount not to exceed $40,680,000, including $500,000 which shall be available only for purposes of training State examiners, and administrative expenses in an amount not to exceed $24,360,000, and said total amount shall be available for procurement of services as authorized by 5 U.S.C. 3109, and contracts for such services with one organization may be renewed annually, and uniforms or allowances therefor in accord-

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Page:United States Statutes at Large Volume 96 Part 1.djvu/1219

 PUBLIC LAW 97-272—SEPT. 30, 1982

96 STAT. 1177

ance with law (5 U.S.C. 5901-5902), and said amount shall be derived from funds available to the Federal Home Loan Bank Board, including those in the Federal Home Loan Bank Board revolving fund and receipts of the Board for the current fiscal year and prior fiscal years, and the Board may utilize and may make payment for services and facilities of the Federal Home Loan Banks, the Federal Reserve Banks, the Federal Savings and Loan Insurance Corporation, the Federal Home Loan Mortgage Corporation, and other agencies of the Government (including payment for office space): Provided, That expenses for special examinations of Federal and State-chartered institutions determined by the Board to be necessary, all necessary expenses in connection with the conservatorship or liquidation of institutions insured by the Federal Savings and Loan Insurance Corporation, liquidation or handling of assets of or derived from such insured institutions, payment of insurance, and action for or toward the avoidance, termination, or minimizing of losses in the case of such insured institutions, or activities relating to section 5A(f) or 6(i) of the Federal Home Loan Bank Act, section 5(d) of the Home Owners' Loan Act of 1933, section 12(i) of the Securities Exchange Act of 1934, or section 406(c), 407, or 408 of the National Housing Act and all necessary expenses (including services performed on a contract or fee basis, but not including other personal services) in connection with the handling, including the purchase, sale, and exchange, of securities on behalf of Federal home loan banks, and the sale, issuance, and retirement of, or payment of interest on, debentures or bonds, under the Federal Home Loan Bank Act, as amended, shall be excluded from the above limitations: Provided further, That members and alternates of the Federal Savings and Loan Advisory Council shall be entitled to reimbursement from the Board as approved by the Board for transportation expenses incurred in attendance at meetings of or concerned with the work of such Council and may be paid in lieu of subsistence per diem not to exceed the dollar amount set forth in 5 U.S.C. 5703: Provided further. That not to exceed $1,500 shall be available for official reception and representation expenses: Provided further. That, notwithstanding any other provisions of this Act, except for the limitation in amount hereinbefore specified, the expenses and other obligations of the Board shall be incurred, allowed, and paid in accordance with the provisions of the Federal Home Loan Bank Act of July 22, 1932, as amended (12 U.S.C. 1421-1449).

12 USC 1425a, 1426, 1464; 15 u s e 78/; 12 USC 1729-1730a.

12 USC 1428a note.

LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL SAVINGS AND LOAN INSURANCE CORPORATION

Not to exceed $1,120,000 shall be available for administrative expenses, which shall be on an accrual basis and shall be exclusive of interest paid, depreciation, properly capitalized expenditures, expenses in connection with liquidation of insured institutions or activities relating to section 406(c), 407, or 408 of the National Housing Act, liquidation or handling of assets of or derived from 12 USC insured institutions, payment of insurance, and action for or toward 1729-1730a. the avoidance, termination, or minimizing of losses in the case of insured institutions, legal fees and expenses and payments for expenses of the Federal Home Loan Bank Board determined by said Board to be properly allocable to said Corporation, and said Corporation may utilize and may make payments for services and facilities of the Federal home loan banks, the Federal Reserve Banks, the

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Page:United States Statutes at Large Volume 96 Part 1.djvu/1220

 96 STAT. 1178

PUBLIC LAW 97-272—SEPT. 30, 1982

Federal Home Loan Bank Board, the Federal Home Loan Mortgage Corporation, and other agencies of the Government: Provided, That, notwithstanding any other provisions of this Act, except for the limitation in amount hereinbefore specified, the administrative expenses and other obligations of said Corporation shall be incurred, allowed, and paid in accordance with title IV of the Act of June 27, 1934, as amended (12 U.S.C. 1724-1730f). TITLE IV GENERAL PROVISIONS Travel expenses.

42 USC 5121 note.

Legal services. 31 USC 841 note. Ante, p. 877. 12 USC 1749a.

SEC. 401. Where appropriations in titles I and II of this Act are expendable for travel expenses and no specific limitation has been placed thereon, the expenditures for such travel expenses may not exceed the amounts set forth therefor in the budget estimates submitted for the appropriations: Provided, That this section shall not apply to travel performed by uncompensated officials of local boards and appeal boards of the Selective Service System; to travel performed directly in connection with care and treatment of medical beneficiaries of the Veterans Administration; to travel performed in connection with major disasters or emergencies declared or determined by the President under the provisions of the Disaster Relief Act of 1974; or to payments to interagency motor pools where separately set forth in the budget schedules. SEC. 402. Appropriations and funds available for the administrative expenses of the Department of Housing and Urban Development and the Selective Service System shall be available in the current fiscal year for purchase of uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901-5902); hire of passenger motor vehicles; and services as authorized by 5 U.S.C. 3109. SEC. 403. Funds of the Department of Housing and Urban Development subject to the Government Corporation Control Act or section 402 of the Housing Act of 1950 shall be available, without regard to the limitations on administrative expenses, for legal services on a contract or fee basis, and for utilizing and making payment for services and facilities of Federal National Mortgage Association, Government National Mortgage Association, Federal Home Loan Mortgage Corporation, Federal Financing Bank, Federal Reserve banks or any member thereof, Federal home loan banks, and any insured bank within the meaning of the Federal Deposit Insurance Corporation Act, as amended (12 U.S.C. 1811-1831). SEC. 404. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. SEC. 405. No funds appropriated by this Act may be expended— (1) pursuant to a certification of an officer or employee of the United States unless— (A) such certification is accompanied by, or is part of, a voucher or abstract which describes the payee or payees and the items or services for which such expenditure is being made, or (B) the expenditure of funds pursuant to such certification, and without such a voucher or abstract, is specifically authorized by law; and

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