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 PUBLIC LAW 97-365—OCT. 25, 1982

96 STAT. 1757

(3) the total amount written off as uncollectable, actual, and allowed for; (4) the rate of interest charged for overdue debts and the amount of interest charged and collected on debts; (5) the total number of claims and total amount collected; (6) the number of claims and the total amount of claims referred to the Department of Justice for settlement and the number of claims and the total amount of claims settled by such Department; (7) for each program or activity administered by the agency, the information described in clauses (1) through (6) of this . subsection; and (8) such other information as the Director finds necessary in order to determine whether the agency is engaging in aggressive action to collect the claims of the agency. (b) The Director shall analyze the reports received by each agency under subsection (a) and shall report annually to the Congress on the management of agency debt collection activities, including the information provided to the Director under subsection (a) above.

Report to Congress.

CONTRACTS FOR COLLECTION SERVICES

SEC. 13. (a) Section 3617 of the Revised Statutes (31 U.S.C. 484) is amended by striking out "section 487" and inserting in lieu thereof "sections 487 and 952(g)(2)". (b) Section 3 of the Federal Claims Collection Act of 1966 (31 U.S.C. 952) (as amended by sections 3 and 11 of this Act) is further amended by adding at the end thereof the following new subsections: "(f)(1) Notwithstanding the provisions of any other law governing the collection of claims owed the United States, except for collections of unpaid or underpaid debts under the Internal Revenue Code of 1954, the head of an agency or his designee may enter into a contract with any person or organization, under such terms and conditions as the head of the agency or his designee considers appropriate, for collection services to recover indebtedness owed to the United States. Any such contract shall include provisions specifying that the head of the agency or his designee retains the authority to resolve disputes, compromise claims, terminate collection action, and refer the matter to the Attorney General to initiate legal action, and that the contractor shall be subject to section 552a of title 5, United States Code, to the extent provided in subsection (m) of that section, and shall be subject to Federal and State laws and regulations pertaining to debt collection practices, including the Fair Debt Collection Practices Act (15 U.S.C. 1692 et seq.). "(2) Notwithstanding section 3617 of the Revised Statutes (31 U.S.C. 484), the head of an agency or his designee may provide, as part of a contract described in paragraph (1), that appropriate fees charged by a contractor to recover indebtedness owed to the United States may be payable from the amount collected by such contractor. "(3) Any such contract shall be effective only to such extent and in such amounts as are provided in advance appropriation Acts.

Contractor fees.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/396

 96 STAT. 1758 "Claim."

PUBLIC LAW 97-365—OCT. 25, 1982

"(g) For purposes of this Act, the term 'claim' includes amounts owing on account of loans insured or guaranteed by the United States and all other amounts due the United States from fees, duties, leases, rents, royalties, services, sales of real or personal property, overpayments, fines, penalties, damages, interest, taxes, forfeitures, and other sources.". Approved October 25, 1982.

LEGISLATIVE HISTORY—H.R. 4613 (S. 1249): HOUSE REPORT No. 97-496 (Comm. on Ways and Means). SENATE REPORTS: No. 97-378 (Comm. on Governmental Affairs) and No. 97-287 (Comm. on Finance) both accompanying S. 1249. CONGRESSIONAL RECORD, Vol. 128 (1982): May 4, 5, considered and passed House. Sept. 27, 28, considered and passed Senate, amended. Sept. 30, House concurred in Senate amendment with amendments. Oct. 1, Senate concurred in House amendments.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/397

 PUBLIC LAW 97-366—OCT. 25, 1982

96 STAT. 1759

Public Law 97-366 97th Congress An Act To-amend title 17 of the United States Code with respect to the fees of the Copyright Office, and for other purposes.

Oct. 25, 1982 [H.R. 4441]

Be it enacted by the Senate and House of Representatives of the Copyright Office United States of America in Congress assembled, fees, SECTION 1. Section 708 of chapter 7 of title 17 of the United States amendment. Code is amended— (1) by striking out subparagraphs (1) and (2) of paragraph (a) in their entirety and inserting in lieu thereof the following: "(1) on filing each application for registration of a copyright claim or a supplementary registration under section 408, including the issuance of a certificate of registration if registration is made, $10; "(2) on filing each application for registration of a claim to renewal of a subsisting copyright in its first term under section 304(a), including the issuance of a certificate of registration if registration is made, $6;" and (2) in paragraph (c), by striking out everjrthing in the last sentence following the word "section" the first time it appears therein and inserting a period in lieu thereof. SEC. 2. This Act shall take effect thirty days after its enactment Effective date. and shall apply to claims to original, supplementary, and renewal 17 USC 708 note. copyright received for registration in the Copyright Office on or after the effective date. Claims to original, supplementary, and renewal copyright received for registration in acceptable form in the Copyright Office before the effective date shall be governed by the provisions of section 708(a)(1) and (2) in effect prior to this 17 USC 708. enactment. SEC. 3. That section 110 of title 17 of the United States Code is amended by adding at the end thereof the following new paragraph: "(10) notwithstanding paragraph 4 above, the following is not an infringement of copyright: performance of a nondramatic literary or musical work in the course of a social function which is organized and promoted by a nonprofit veterans' organization or a nonprofit fraternal organization to which the general public is not invited, but not including the invitees of the organizations, if the proceeds from the performance, after deducting the reasonable costs of producing the performance, are used exclusively for charitable purposes and not for financial gain. For purposes of this section the social functions of any college or university fraternity or sorority shall not be included unless the social function is held solely to raise funds for a specific charitable purpose.".

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 96 STAT. 1760

Compensation.

PUBLIC LAW 97-366—OCT. 25, 1982

SEC. 4. Title 35, United States Code, section 3 is amended by adding the following new subsection: "(d) The Commissioner of Patents and Trademarks shall be an Assistant Secretary of Commerce and shall receive compensation at the rate prescribed by law for Assistant Secretaries of Commerce.". Approved October 25, 1982.

LEGISLATIVE HISTORY—H.R. 4441: HOUSE REPORTS: No. 97-494 (Comm. on the Judiciary) and No. 97-930 (Comm. of Conference). CONGRESSIONAL RECORD, Vol. 128 (1982): May 10, considered and passed House. June 30, considered and passed Senate, amended. Oct. 1, Senate and House agreed to conference report.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/399

 PUBLIC LAW 97-367—OCT. 25, 1982

96 STAT. 1761

Public Law 97-367 97th Congress An Act To establish a White House Conference on Productivity.

Oct. 25, 1982 [H.R. 7292]

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

White House

SHORT TITLE

Conference on Productivity Act.

SEC. 101. This Act may be cited as the "White House Conference is use 240i on Productivity Act". "°*« FINDINGS

SEC. 102. The Congress finds that— is use 240i (1) the United States traditional annual productivity improve- "°*®ment rate of approximately 3 per centum has fallen drastically in recent years to a negative one-half of 1 per centum; (2) if our traditional productivity improvement rate has been maintained, the average household would have received nearly $5,500 in additional real income each year; (3) the decline in productivity has inflated the cost of goods and services produced in the United States relative to the goods and services of nations with higher productivity rates; (4) improved productivity will enhance our international competitiveness, which will expand foreign market opportunities and jobs; (5) productivity improvement can be restored in the United States through the application of policies and management techniques which have brought substantial productivity gains on a broad scale in other countries and in some businesses within the United States; (6) when adequate protections are provided, productivity improvement techniques can bring great benefits to labor as well as management; and (7) the United States must act immediately to reverse our productivity decline and to restore our annual productivity improvement. DEFINITIONS

SEC. 103. For purooses of this Act— is use 240i (1) the term Conference" means the White House Conference "°*^ on Productivity; (2) the term "Director" means a Director of the White House Conference on Productivity who shall be appointed by the Secretary of Commerce and who shall be paid at the rate of basic pay provided for level V of the Executive Schedule pursuant to section 5316 of title 5, United States Code; (3) the term "productivity" means output per paid employee hour of all employees in the private sector; and

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 96 STAT. 1762

PUBLIC LAW 97-367—OCT. 25, 1982 (4) the term "State" includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Trust Territory of the Pacific Islands, and the Northern Mariana Islands. ESTABLISHMENT AND DUTIES OF THE WHITE HOUSE CONFERENCE ON PRODUCTIVITY

15 USC 2401 note.

Policy options, consideration.

SEC. 104. (a) The President shall conduct a White House Conference on Productivity (hereinafter referred to as the "Conference") not later than one year after the date of enactment of this Act in order to develop recommendations to stimulate the Nation's productivity improvement rate. (b) For the purpose of ascertaining facts and developing recommendations concerning the improvement of productivity, the Conference shall bring together individuals who are experts in the field of productivity, employees, and representatives of business, associations, labor organizations, academic institutions, and Federal, State, and local government. (c) The Conference shall consider the following policy options with regard to their role in improving national productivity: (1) reorganization of the Federal Government so that it can best promote productivity improvement in the private and public sectors; (2) bringing to the attention of American businesses, labor organizations, and Government officials the benefits which result from implementing productivity improvement techniques; (3) improving the general training and skill level of Americsm labor; (4) redirecting Government efforts to inform American businesses of foreign technological developments; (5) encouraging Government agencies to share with industry new discoveries and processes that improve productivity; (6) establishing annual Presidential awards of recognition for those businesses and industries which accomplish outstanding improvement in productivity and establishing similar aweirds at the State and district levels; (7) revising the tax laws to encourage companies to take actions to improve productivity; (8) reviewing the effect of the antitrust laws on efforts to improve productivity; (9) reviewing the patent laws to determine if cheuiges are needed to encourage more productive use of American patents; (10) improving the accuracy and reliability of data gathered by the Bureau of the Census and other Government statistical collection centers which measure American productivity; and (11) revising Federal civil service laws to improve the productivity of Government workers and encouraging similar action at State and local levels. REPORT OP THE CONFERENCE

15 USC 2401 note.

SEC. 105. A final report of the Conference on Productivity shall be submitted to the President not later than one hundred and twenty days following the date on which the Conference is called and the findings and recommendations included therein shall be immediately

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 PUBLIC LAW 97-367—OCT. 25, 1982

96 STAT. 1763

made available to the public. The President shall, within one hundred and twenty days after submission of such final report, transmit to the Congress his recommendations for the administrative action and legislation necessary to implement recommendations contained in such report with which he concurs.

Recommendations, transmittal to Congress.

ADMINISTRATION 15 USC 2401 SEC. 106. (a) In administering this Act, the Director shall— (1) request the cooperation and assistance of the Office of note. Management and Budget and the Departments of Labor and the Treasury and such other Federal departments and agencies as may be appropriate in carrying out the provisions of this Act; (2) render all reasonable assistance, including financial assistance to groups and organizations which are conducting district, State, or regional productivity conferences in preparation for the Conference; (3) prepare and make available background materials for the use of delegates to the Conference which are deemed necessary, and prepare and distribute any report of the Conference as may be necessary and appropriate; (4) engage such additional personnel as may be necessary to carry out the provisions of this Act without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to chapter 51 and subchapter III of chapter 53 of such title relating to 5 USC 5101 et seq., 5331. classification and General Schedule pay rates; and (5) enter into contracts only to such extent and in such Contracts. amounts as are provided in appropriation Acts, with organizations with particular expertise in productivity to conduct preparatory and followup work for the Conference. (b) Personnel engaged under subsection (a)(4) shall be compensat- Personnel ed at a rate not to exceed the rate equal to the maximum rate for GS-15 of the General Schedule under section 5332 of title 5, United States Code. Approved October 25, 1982.

LEGISLATIVE HISTORY—H.R. 7292: CONGRESSIONAL RECORD, Vol. 128 (1982): Oct. 1, considered and passed House and Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 18, No. 43 (1982): Oct. 25, Presidential statement.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/402

 96 STAT. 1764

PUBLIC LAW 97-368—DEC. 17, 1982

Public Law 97-368 97th Congress Dec. 17, 1982 [H.J. Res. 595]

Fiorello H. La Guardia Memorial Day.

Joint Resolution

Designating December 11, 1982, as "Fiorello H. La Guardia Memorial Day".

Whereas December 11, 1982, is the one hundredth anniversary of the birth of Fiorello H. La Guardia ("The Little Flower"), who served with great distinction for twelve years in the United States House of Representatives and for ten years as mayor of New York City; and Whereas his vast energy, fiery leadership, and considerable wisdom contributed greatly to the betterment of our Nation and the city of New York; and Whereas his public service career serves as a benchmark from which others are judged; and Whereas his many accomplishments and the honesty and fairness which characterized his work continue to serve as an inspiration to all Americans, particularly those who share his Italian heritage: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That December 11, 1982, is designated as "Fiorello H. La Guardia Memorial Day" and the president is requested to issue a proclamation calling upon the people of the United States to observe such day with appropriate ceremonies and activities. Approved December 17, 1982.

LEGISLATIVE HISTORY—H.J. Res. 595: CONGRESSIONAL RECORD, Vol. 128 (1982): Sept. 30, considered and passed House. Dec. 10, considered and passed Senate.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/403

 PUBLIC LAW 97-369—DEC. 18, 1982

96 STAT. 1765

Public Law 97-369 97th Congress An Act Making appropriations for the Department of Transportation and related agencies for the fiscal year ending September 30, 1983, and for other purposes.

Dec. 18, 1982 [H.R. 7019]

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 Transportation and related agencies for the fiscal year ending September 30, 1983, and for other purposes, namely:

Department of Transportation and Related Agencies Appropriations Act, 1983.

TITLE I—DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY SALARIES AND EXPENSES (INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Office of the Secretary of Transportation, including not to exceed $31,000 for allocation within the Department of official reception and representation expenses as the Secretary may determine, $40,000,000, of which $1,000,000 shall be transferred and made available to the Motor Carrier Ratemaking Study Commission and, of which not to exceed $3,220,000 shall remain available until expended and shall be available for the purposes of the Minority Business Resource Center under title IX of Public Law 94-210: Provided, That all of the unexpended balances available for the purposes of title IX of Public Law 94-210 under the heading "Rail service assistance" shall be transferred to this account and remain available until expended: Provided further, That none of the funds in this Act shall be available for the execution of the sale or transference of any Government-owned securities of the Consolidated Rail Corporation without the prior consent of the House and Senate Committees on Appropriations. TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT

For necessary expenses for conducting transportation planning, research, and development activities, including the collection of national transportation statistics, to remain available until expended, $4,900,000. LIMITATION ON WORKING CAPITAL FUND

Necessary expenses for operating costs and capital outlays of the Department of Transportation Working Capital Fund not to exceed $70,909,000 shall be paid, in accordance with law, from appropriations made available by this Act and prior appropriation Acts to

90 Stat. 147.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/404

 96 STAT. 1766

PUBLIC LAW 97-369—DEC. 18, 1982

the Department of Transportation, together with advances and reimbursements received by the Department of Transportation, COAST GUARD HEADQUARTERS ADMINISTRATION (INCLUDING TRANSFER OF FUNDS)

For necessary expenses, not otherwise provided for, of providing administrative services at the headquarters location of the Coast Guard, including, but not limited to, executive direction; budget, planning and policy; command, control, communication, and operations; financial management; legal; engineering; civil rights; and personnel and health services for the Coast Guard, $72,440,000, of which $14,000,000 shall be derived by transfer from appropriations for Retired pay. OPERATING EXPENSES

For necessary expenses for the operation and maintenance of the Coast Guard, not otherwise provided for; purchase of not to exceed eight passenger motor vehicles, for replacement only; and recreation and welfare, $1,518,963,000, of which $254,650 shall be applied to 14 USC 92 note. Capehart Housing debt reduction: Provided, That the number of aircraft on hand at any one time shall not exceed two hundred and ten exclusive of planes and parts stored to meet future attrition: Provided further. That none of the funds appropriated in this or any other Act shall be available for pay or administrative expenses in connection with shipping commissioners in the United States: Provided further. That none of the funds provided in this Act shall be available for expenses incurred for yacht documentation under 46 U.S.C. 103 except to the extent fees are collected from yacht owners and credited to this appropriation, and, notwithstanding any other law, the Secretary may prescribe fees to recover the expenses of yacht documentation. ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS (INCLUDING TRANSFER OP FUNDS)

For necessary expenses of acquisition, construction, rebuilding, and improvement of aids to navigation, shore facilities, vessels, and aircraft, including equipment related thereto;,to remain available until September 30, 1987, $409,000,000, of which $9,000,000 shall be derived by transfer from the unobligated balances of "Pollution Fund". ALTERATION OF BRIDGES

For necessary expenses for alteration or removal of obstructive bridges, $12,700,000, to remain available until expended. RETIRED PAY

For retired pay including the payment of obligations therefor otherwise chargeable to lapsed appropriations for this purpose, and payments under the Retired Serviceman's Family Protection and

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Page:United States Statutes at Large Volume 96 Part 2.djvu/405

 PUBLIC LAW 97-369—DEC. 18, 1982 Survivor Benefit Plans, and for pa3mients for medical care of retired personnel and their dependents under the Dependents Medical Care Act (10 U.S.C., ch. 55), $336,000,000.

96 STAT. 1767

lo use I07i et seq.

RESERVE TRAINING

For all necessary expenses for the Coast Guard Reserve, as authorized by law; maintenance and operation of facilities; and supplies, equipment, and services, $50,000,000 together with an amount not to exceed $4,000,000 which shall be derived from appropriations for retired pay. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

For necessary expenses, not otherwise provided for, for basic and applied scientific research, development, test, and evaluation; maintenance, rehabilitation, lease, and operation of facilities and equipment, as authorized by law, $20,000,000, to remain available until expended: Provided, TTiat there may be credited to this appropriation, funds received from State and local governments, other public authorities, private sources and foreign countries for expenses incurred for research, development, testing and evaluation. OFFSHORE OIL POLLUTION COMPENSATION FUND

For necessary expenses to carry out the provisions of title III of the Outer Continental Shelf Lands Act Amendments of 1978 (Public Law 95-372), $1,000,000, to be derived from the Offshore Oil Pollution Compensation Fund and to remain available until expended. In addition, the Secretary of Transportation is authorized to issue to the Secretary of the Treasury, to meet the obligations of the Fund, notes or other obligations pursuant to section 302 of the Amendments in such amounts and at such times as may be necessary.

92 Stat. 670.

43 USC 1812.

DEEPWATER PORT LIABILITY FUND

For necessary expenses to carry out the provisions of section 18 of the Deepwater Port Act of 1974 (Public Law 93-627), $1,000,000, to be derived from the Deepwater Port Liability Fund and to remain available until expended. In addition, the Secretary of Transportation is authorized to issue, and the Secretary of the Treasury is authorized to purchase, without fiscal year limitation, notes or other obligations pursuant to section 18(f)(3) of the Act in such amounts and at such times as may be necessary to meet the obligations of the Fund.

33 USC 1517. 33 USC I5i7a.

NATIONAL RECREATIONAL BOATING SAFETY AND FACILITIES IMPROVEMENT FUND

For financial assistance for State recreational boating safety programs to be derived from the National Recreational Boating Safety and Facilities Improvement Fund, in accordance with the provisions of the Recreational Boating Safety and Facilities Improvement Act of 1980 (Public Law 96-451), $5,000,000, to remain available until expended.

46 USC 1451 note.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/406

 96 STAT. 1768

PUBLIC LAW 97-369—DEC. 18, 1982 FEDERAL AVIATION ADMINISTRATION HEADQUARTERS ADMINISTRATION

For necessary expenses, not otherwise provided for, of providing administrative services at the headquarters location of the Federal Aviation Administration, including but not limited to accounting, budgeting, personnel, legal, public affairs, and executive direction for the Federal Aviation Administration, $54,574,000. OPERATIONS

49 USC 1701 " 49 USC 1324 °°*®-

Study.

For necessary expenses of the Federal Aviation Administration, not otherwise provided for, including administrative expenses for research and development and for establishment of air navigation facilities, and carrying out the provisions of the Airport and Airway Development Act, as amended, or other provisions of law authorizing obligation of funds for similar programs of airport and airway development or improvement; payments to lenders required as a consequence of any guaranty under Public Law 85-307, as amended; purchase of four passenger motor vehicles for replacement only and purchase and repair of skis and snowshoes, $2,456,783,000, of which not to exceed $1,264,000,000 shall be derived from the Airport and Airway Trust Fund: Provided, That, in addition, not to exceed $5,000,000 shall remain available until expended to be derived from the Airport and Airway Trust Fund for reimbursement of expenses incurred by certificated air carriers in the security screening of passengers moving in foreign air transportation: Provided further, That there may be credited to this appropriation, funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred in the maintenance and operation of air navigation facilities: Provided further. That none of these funds shall be available for new applicants for the second career training program: Provided further. That the Federal Aviation Administration shall not undertake any reorganization of its regional office structure without the prior approval of both House and Senate Appropriations Committees: Provided further, That not to exceed $500,000 of the total amount available for operation shall be obligated for a contract with the National Academy of Sciences and the Federal Aviation Administration Administrator shall enter into an agreement with the National Academy of Sciences to study the state of knowledge, alternative approaches and the consequences of wind shear alert and severe weather condition standards relating to take-off and landing clearances for commercial and general aviation aircraft: Provided further, That the Academy shall complete the study within six months after funding arrangements have been made: Provided further. That the Federal Aviation Administration Administrator shall report to Congress within thirty days regarding the status of the contractual arrangements and the conditions necessary to implement the agreement with the National Academy of Sciences: Provided further. That the Department of Transportation shall furnish to the National Academy of Sciences any information which the Academy determines to be necessary for the purpose of conducting the study: Provided further. That not to exceed $150,000 of the funds provided to the Federal Aviation Administration in this Act shall be available for doubling the number of wind shear sensors at Moisant Airport in Kenner, Louisiana.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/407

 PUBLIC LAW 97-369—DEC. 18, 1982

96 STAT. 1769

FACILITIES, ENGINEERING AND DEVELOPMENT

For necessary expenses of the Federal Aviation Administration, not otherwise provided for, for acquisition and modernization of facilities and equipment and service testing in accordance with the provisions of the Federal Aviation Act (49 U.S.C. 1301-1542), including construction of experimental facilities and acquisition of necessary sites by lease or grant and lease or purchase of four aircraft, $18,255,000, to remain available until expended: Provided, That there may be credited to this appropriation, funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred for engineering and development. FACILITIES AND EQUIPMENT (AIRPORT AND AIRWAY TRUST FUND) (INCLUDING TRANSFER OF FUNDS)

For necessary expenses, not otherwise provided for, for acquisition, establishment, and improvement by contract or purchase, and hire of air navigation and experimental facilities, including initial acquisition of necessary sites by lease or grant; engineering and service testing including construction of test facilities and acquisition of necessary sites by lease or grant; construction and furnishing of quarters and related accommodations for officers and employees of the Federal Aviation Administration stationed at remote localities where such accommodations are not available; and the lease or purchase of 21 aircraft; to be derived from the Airport and Airway Trust Fund and to remain available until September 30, 1987; $625,000,000, of which $7,450,000 shall be derived from the unobligated balances of "Grants-in-aid for airports": Provided, That there may be credited to this appropriation, funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred in the establishment and modernization of air navigation facilities. RESEARCH, ENGINEERING AND DEVELOPMENT (AIRPORT AND AIRWAY TRUST FUND)

For necessary expenses, not otherwise provided for, for research, engineering, and development, in accordance with the provisions of the Federal Aviation Act (49 U.S.C. 1301-1542), including construction of experimental facilities and acquisition of necessary sites by lease or grant, $103,000,000, to be derived from the Airport and Airway Trust Fund and to remain available until expended: Provided, That there may be credited to this appropriation, funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred for research, engineering and development. GRANTS-IN-AID FOR AIRPORTS (LIQUIDATION OF CONTRACT AUTHORIZATION) (AIRPORT AND AIRWAY TRUST FUND)

For liquidation of obligations incurred for airport development under authority contained in section 14 of Public Law 91-258, as amended, and for liquidation of obligations incurred for airport planning and development under other law authorizing such obliga-

49 USC 1714.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/408

 96 STAT. 1770

PUBLIC LAW 97-369—DEC. 18, 1982 tions, $234,000,000, to be derived from the Airport and Airway Trust Fund and to remeiin available until expended. OPERATION AND MAINTENANCE, METROPOUTAN WASHINGTON AIRPORTS

For expenses incident to the care, operation, maintenance, improvement, and protection of the federally owned civil airports in the vicinity of the District of Columbia, including purchase of ten passenger motor vehicles for police or ambulance type use, for replacement only; and purchase of two motor bikes for replacement only; purchsise of one ambulance, for replacement only; purchase, cleaning, and repair of uniforms; and arms and ammunition, $31,955,000: Provided, That there may be credited to this appropriation, funds received from air carriers, concessionaires, and nonFederal tenants sufficient to cover utility and fuel costs which are in excess of $7,036,000: Provided further, That there may be credited to this appropriation, funds received from States, counties, municipalities, other public authorities, or private sources, for expenses incurred in the maintenance and operation of the federally owned civil airports. CONSTRUCTION, METROPOUTAN WASHINGTON AIRPORTS

For necessary expenses for construction at the federally owned civil airports in the vicinity of the District of Columbia $11,080,000, to remain available until September 30, 1985. AVIATION INSURANCE REVOLVING FUND

The Secretary of Transportation is hereby authorized to make such expenditures and investments, within the limits of funds available pursuant to section 1306 of the Act of August 23, 1958, as amended (49 U.S.C. 1536), and in accordance with section 104 of the Government Corporation Control Act, as amended (31 U.S.C. 849), as may be necessary in carrying out the programs set forth in the budget for the current fiscal year for aviation insurance activities under said Act. AIRCRAFT PURCHASE LOAN GUARANTEE PROGRAM

In carrying out the program for guarantee of aircraft purchase loans under the Act of September 7, 1957, as amended (49 U.S.C. 1324 note), during fiscal year 1983 new commitments to guarantee loans shall be exclusively for the purchase of aircraft designed to have a maximum passenger capacity of sixty seats or less or a maximum cargo payload of eighteen thousand pounds or less, and when combined with the aggregate of all guarantees made during fiscal year 1982 shall not exceed in the aggregate $100,000,000 in principal amount. FEDERAL HIGHWAY ADMINISTRATION LIMITATION ON GENERAL OPERATING EXPENSES

Necessary expenses for administration, operation, and research of the Federal Highway Administration, not to exceed $188,500,000, shall be paid, in accordance with law, from appropriations made

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Page:United States Statutes at Large Volume 96 Part 2.djvu/409

 PUBLIC LAW 97-369—DEC. 18, 1982

96 STAT. 1771

available by this Act to the Federal Highway Administration together with advances and reimbursements received by the Federal Highway Administration: Provided, That not to exceed $38,000,000 of the amount provided herein shall remain available until expended. MOTOR CARRIER SAFETY (INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out motor carrier safety functions of the Secretary, as authorized by the Department of Transportation Act (80 Stat. 939-940), $11,600,000, together with $1,000,000 to be derived by transfer from the unobligated balances of "Inter-American Highway", of which $520,000 of the amount appropriated herein shall remain available until expended and not to exceed $1,917,000 shall be available for "Limitation on general operating expenses".

49 USC 1651 "

HIGHWAY SAFETY RESEARCH AND DEVELOPMENT (INCLUDING TRANSFER OF FUNDS)

For necessary expenses in carrying out provisions of title 23, United States Code, to be derived from the Highway Trust Fund and to remain available until expended, $7,700,000, together with $300,000 to be derived from the unobligated balances of "BaltimoreWashington Parkway". HIGHWAY

BsAUTincATiON

For necessary expenses in carrying out section 131 of title 23, U.S.C. and section 104(a)(ll) of the Surface Transportation Assistance Act of 1978, $500,000 to remain available until expended. HIGHWAY-RELATED SAFETY GRANTS (LIQUIDATION OF CONTRACT AUTHORIZATION) (TRUST FUND) (INCLUDING RESCISSION)

For payment of obligations incurred in carrying out the provisions of title 23, United States Code, section 402, administered by the Federal Highway Administration, to remain available until expended, $22,998,000, to be derived from the Highway Trust Fund: Provided, That not to exceed $833,000 of the amount appropriated herein shall be available for "Limitation on general operating expenses": Provided further. That $9,623,000 available for obligation is hereby rescinded. TERRITORIAL HIGHWAYS

For necessary expenses in carrying out the provisions of title 23, United States Code, sections 152, 153, 215, and 402, $3,000,000, to remain available until expended.

92 Stat. 2690.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/410

 96 STAT. 1772

PUBLIC LAW 97-369—DEC. 18, 1982 FEDERAL-AID HIGHWAYS (LIQUIDATION OF CONTRACT AUTHORIZATION) (TRUST FUND)

For carrying out the provisions of title 23, United States Code, which are attributable to Federal-aid highways, including the National Scenic and Recreational Highway as authorized by 23 U.S.C. 148, not otherwise provided, including reimbursements for sums expended pursuant to the provisions of 23 U.S.C. 308, $8,200,000,000, or so much thereof as may be available in and derived from the Highway Trust Fund, to remain available until expended. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION OPERATIONS AND RESEARCH

86 Stat. 947.

For expenses necessary to discharge the functions of the Secretary with respect to traffic and highway safety and functions under the Motor Vehicle Information and Cost Savings Act (Public Law 92-513, as amended), $74,000,000, of which $21,685,000 shall be derived from the Highway Trust Fund: Provided, That not to exceed $28,375,000 shall remain available until expended, of which $9,507,000 shall be derived from the Highway Trust Fund: Provided further, That, of the funds appropriated under this heading $2,000,000 shall be available only for activities at the Transportation Systems Center. STATE AND CoMMUNrry HIGHWAY SAFETY (LIQUIDATION OF CONTRACT AUTHORIZATION) (TRUST FUND)

For payment of obligations incurred in carrying out the provisions of 23 U.S.C. 402 and 406, to remain available until expended, $103,552,000, to be derived from the Highway Trust Fund. FEDERAL RAILROAD ADMINISTRATION OFFICE OF THE ADMINISTRATOR

For necessary expenses of the Federal Railroad Administration, not otherwise provided for, $13,000,000. RAILROAD SAFETY

For necessary expenses in connection with railroad safety, not otherwise provided for, $28,000,000, of which $4,800,000 shall remain available until expended. RAILROAD RESEARCH AND DEVELOPMENT

For necessary expenses for railroad research and development, $17,000,000, to remain available until expended. RAIL SERVICE ASSISTANCE

49 USC 1654. 95 Stat. 1667. 40 USC 801 note.

For necessary expenses for rail service assistance authorized by section 5 of the Department of Transportation Act, as amended, for Wellington Union Station, as authorized by Public Law 97-125, and

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Page:United States Statutes at Large Volume 96 Part 2.djvu/411

 PUBLIC LAW 97-369—DEC. 18, 1982 for necessary administrative expenses in connection with Federal rail assistance programs not otherwise provided for, $31,675,000, to remain available until expended: Provided, That none of the funds provided under this Act shall be available for the planning or execution of a program making commitments to guarantee new loans under the Emergency Rail Services Act of 1970, as amended, and that no commitments to guarantee new loans, under section 211(a) of the Regional Rail Reorganization Act of 1973, as amended, shall be made: Provided further. That none of the funds in this Act shall be available for the sale or transference of Washington Union Station without the prior approval of the House and Senate Committees on Appropriations.

96 STAT. 1773

45 USC 661 note. 45 USC 721.

CoNRAiL LABOR PROTECTION (INCLUDING TRANSFER OF FUNDS)

For labor protection as authorized by section 713 of the Regional Rail Reorganization Act of 1973 as added by section 1143 of the Northeast Rail Service Act of 1981, $20,000,000, to remain available until expended, of which $10,000,000 shall be derived from the unobligated balances of "Redeemable preference shares": Provided, That such sum shall be considered to have been appropriated to the Secretary under said section 713 for transfer to the Rairoad Retirement Board for the payment of benefits under section 701 of the Regional Rail Reorganization Act of 1973, as amended: Provided further. That, for purposes of section 710, of the Regional Rail Reorganization Act of 1973, as added by section 1143 of the Northeast Rail Service Act of 1981, such sum shall be considered to have been appropriated under section 713 of the Regional Rail Reorganization Act of 1973 and counted against the limitation on the total liability of the United States: Provided further. That such sums as may be necessary shall be made available for necessary expenses of administration of section 701 of the Regional Rail Reorganization Act of 1973 by the Railroad Retirement Board.

95 Stat. 668. 45 USC 797/.

95 Stat. 661. 45 USC 797. 95 Stat. 667. 45 USC 797i.

NORTHEAST CORRIDOR IMPROVEMENT PROGRAM

For necessary expenses related to Northeast Corridor improvements authorized by title VII of Public Law 94-210, as amended, $115,000,000, to remain available until expended: Provided, That, notwithstanding any other provisions of law, the provisions of Public Law 85-804 shall apply to the Northeast Corridor Improvement Program: Provided further. That the Secretary may waive the provisions of 23 U.S.C. 322 (c) and (d) if he determines such action would serve a public purpose: Provided further. That all public at grade-level crossings remaining along the Northeast Corridor upon completion of the project shall be equipped with protective devices including gates and lights. GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION

To enable the Secretary of Transportation to make grants to the National Railroad Passenger Corporation, $700,000,000, to remain available until expended, for operating losses incurred by the Corporation, capital improvements, and labor protection costs authorized by 45 U.S.C. 565: Provided, That none of the funds herein appropri-

45 USC 851. 45 USC 851 note. 50 USC 1431.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/412

 96 STAT. 1774

PUBLIC LAW 97-369—DEC. 18, 1982 ated shall be used for lease or purchase of passenger motor vehicles or for the hire of vehicle operators for any officer or employee, other than the president of the Corporation, excluding the lease of passenger motor vehicles for those officers or employees while in official travel status: Provided further. That the Secretary shall make no commitments to guarantee new loans or loans for new purposes under 45 U.S.C. 602 in fiscal year 1983: Provided further. That the incurring of any obligation or commitment by the Corporation for the purchase of capital improvements not expressly provided for in an appropriation Act or prohibited by this Act shall be deemed a violation of 31 U.S.C. 665: Provided further. That, of the funds available, $25,000,000 shall be held in reserve for 6 months after the date of enactment of this Act to be available for the rehabilitation, renewal, replacement, and other improvements on the line between Indianapolis, Indiana, Shelbyville, Indiana, and Cincinnati, Ohio: Provided further, That, of the funds available, $5,000,000 shall be made available only for the rehabilitation, renewal, replacement, and other improvements on the line between Attleboro, Massachusetts, and Hyannis, Massachusetts, to ensure that such track will meet a minimum of class III standards as prescribed by applicable Federal Railroad Administration regulations. COMMUTER RAIL SERVICE (TRANSFER OF FUNDS)

95 Stat. 652. 45 USC 744a note.

For necessary expenses to carry out the commuter rail activities authorized by section 601(d) of the Rail Passenger Service Act (45 U.S.C. 601), as amended, $15,000,000, to remain available until expended and to be derived from the unobligated balances of "Redeemable preference shares" and for necessary expenses to carry out section 1139(b) of Public Law 97-35, $75,000,000, to remain available until expended and to be derived from the unobligated balances of "Payments for purchase of Conrail securities". ALASKA RAILROAD REVOLVING FUND

The Alaska Railroad Revolving Fund shall continue available until expended for the work authorized by law, including operation and maintenance of oceangoing or coastwise vessels by ownership, charter, or arrangement with other branches of the Government service, for the purpose of providing additional facilities for transportation of freight, passengers, or mail, when deemed necessary for the benefit and development of industries or travel in the area served and payment of compensation and expenses as authorized by 5 U.S.C. 8146, to be reimbursed as therein provided: Provided, That no employee shall be paid an annual salary out of said fund in excess of the salaries prescribed by the Classification Act of 1949, as amended, for grade GS-15, except the general manager of said railroad, one assistant general manager and five officers at not to exceed the salaries prescribed for members of the Senior Executive Service. RAILROAD REHABIUTATION AND IMPROVEMENT FINANCING FUNDS

The Secretary of Transportation is authorized to issue to the Secretary of the Treasury notes or other obligations pursuant to

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Page:United States Statutes at Large Volume 96 Part 2.djvu/413

 PUBLIC LAW 97-369—DEC. 18, 1982 section 512 of the Railroad Revitalization and Regulatory Reform Act of 1976 (Public Law 94-210), as amended, in such amounts and at such times as may be necessary to pay any amounts required pursuant to the guarantee of the principal amount of obligations under sections 511 through 513 of such Act, such authority to exist as long as any such guaranteed obligation is outstanding: Provided, That the aggregate principal amount of guarantees and commitments to guarantee obligations under section 511 of Public Law 94210, as amended shall not exceed $600,000,000: Provided further, That the total commitments to guarantee new loans shall not exceed $100,000,000 of contingent liabilities for loan principal during fiscal year 1983.

96 STAT. 1775 45 USC 832. 45 USC 831-833.

REDEEMABLE PREFERENCE SHARES

The Secretary of Transportation is hereby authorized to expend proceeds from the sale of fund anticipation notes to the Secretary of the Treasury and any other moneys deposited in the Railroad Rehabilitation and Improvement Fund pursuant to sections 502, 505-507, and 509 of the Railroad Revitalization and Regulatory Reform Act of 1976 (Public Law 94-210), as amended, and section 803 of Public Law 95-620, for uses authorized for the Fund, in amounts not to exceed $5,000,000.

45 USC 822, ? f "t^J, 829. S d note 82£L

EMERGENCY RAIL FACILITIES RESTORATION (LIMITATION ON DIRECT LOANS)

During fiscal year 1983, gross obligations for deferred interest shall not exceed $2,301,000. URBAN MASS TRANSPORTATION ADMINISTRATION ADMINISTRATIVE EXPENSES

For necessary administrative expenses of the urban mass transportation program authorized by the Urban Mass Transportation Act of 1964, as amended (49 U.S.C. 1601 et seq.), 23 U.S.C. chapter 1, 23 USC lOl et in connection with these activities, including hire of passenger *^9motor vehicles and services as authorized by 5 U.S.C. 3109, $28,081,000. RESEARCH, DEVELOPMENT, AND DEMONSTRATIONS AND UNIVERSITY RESEARCH AND TRAINING

For necessary expenses for research and training, as authorized by the Urban Mass Transportation Act of 1964, as amended (49 U.S.C. 1601 et seq.), to remain available until expended, $58,250,000: Provided, That $55,050,000 shall be available for research, development, and demonstrations, $2,000,000 shall be available for university research and training and not to exceed $1,200,000 shall be available for managerial training as authorized under the authority of said Act. URBAN DISCRETIONARY GRANTS

For necessary expenses for urban discretionary grants as authorized by the Urban Mass Transportation Act of 1964, as amended (49

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Page:United States Statutes at Large Volume 96 Part 2.djvu/414

 96 STAT. 1776

PUBLIC LAW 97-369—DEC. 18, 1982 U.S.C. 1601 et seq.), to remain available until September 30, 1986, $1,606,000,000: Provided, That grants awarded for contracts for the acquisition of rolling stock, including buses, which will result in the expenditure of Federal financial assistance, shall only be awarded after an evaluation of performance, standardization, life-cycle costs, and other factors the Secretary may deem relevant, in addition to the consideration of initial capital costs. Where necessary, the Secretary shall assist grantees in making such evaluations. NON-URBAN FORMULA GRANTS

For necessary expenses for public transportation projects in areas other than urbanized areas as defined for the purposes of the Urban Mass Transportation Act of 1964, as amended (49 U.S.C. 1601 et seq.), $68,500,000, to remain available until expended: Provided, That this appropriation shall be apportioned and allocated using data from the 1970 decennial census for one-quarter of the sums appropriated and the remainder shall be apportioned and allocated on the basis of data from the 1980 decennial census. URBAN FORMULA GRANTS

For necessary expenses for urban formula grants as authorized by the Urban Mass Transportation Act of 1964, as amended (49 U.S.C. 1601 et seq.), $1,200,000,000, to remain available until expended: Provided, That this appropriation shall be apportioned and allocated using data from the 1970 decennial census for one-quarter of the sums appropriated and the remainder shall be apportioned and allocated on the basis of data from the 1980 decennial census: Provided further. That grants awarded for contracts for the acquisition of rolling stock, including buses, which will result in the expenditure of Federal financial assistance, shall only be awarded after an evaluation of performance, standardization, life-cycle costs, and other factors the Secretary may deem relevant, in addition to the consideration of initial capital costs: Provided further. That, where necessary, the Secretary shall assist grantees in making such evaluation. LIQUIDATION OF CONTRACT AUTHORIZATION

For payment to the urban meiss transportation fund, for liquidation of contractual obligations incurred under authority of the Urban Mass Transportation Act of 1964, as amended (49 U.S.C. 1601 et seq.), and 23 U.S.C. 142(c) and of obligations incurred for projects substituted for Interstate System segments withdrawn prior to enactment of the Federal-Aid Highway Act of 1976, $681,135,000, to remain available until expended: Provided, That none of these funds shall be made available for the establishment of depreciation reserves or reserves for replacement accounts: Provided further. That amounts for highway projects substituted for Interstate System segments shall be transferred to the Federal Highway Administration.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/415

 PUBLIC LAW 97-369—DEC. 18, 1982

96 STAT. 1777

WASHINGTON METRO

For necessary expenses to carry out the provisions of section 14 of Public Law 96-184, $240,000,000, to remain available until expended.

93 Stat. 1320.

SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION The Saint Lawrence Seaway Development Corporation is hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to such Corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended, as may be necessary in carrying out the programs set forth in the budget for the current fiscal year for the Corporation except as hereinafter provided.

31 USC 849.

LIMITATION ON ADMINISTRATIVE EXPENSES

Not to exceed $1,716,000 shall be available for administrative expenses which shall be computed on an accrual basis, including not to exceed $3,000 for official entertainment expenses to be expended upon the approval or authority of the Secretary of Transportation: Provided, That Corporation funds shall be available for the hire of passenger motor vehicles and aircraft, operation and maintenance of aircraft, uniforms or allowances therefor for operation and maintenance personnel, as authorized by law (5 U.S.C. 5901-5902), and $15,000 for services as authorized by 5 U.S.C. 3109. RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION RESEARCH AND SPECIAL PROGRAMS

For expenses necessary to discharge the functions of the Research and Special Programs Administration, for expenses for conducting research and development and for grants-in-aid to carry out a pipeline safety program, as authorized by section 5 of the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. 1674), $20,022,000, of which $9,550,000 shall remain available until expended. OFFICE OF THE INSPECTOR GENERAL SALARIES AND EXPENSES

For necessary expenses of the Office of the Inspector General in carrying out the provisions of the Inspector General Act of 1978, $24,946,000.

5 USC app.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/416

 96 STAT. 1778

PUBLIC LAW 97-369—DEC. 18, 1982 TITLE II—RELATED AGENCIES ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD SALARIES AND EXPENSES

29 USC 792.

For expenses necessary for the Architectural and Transportation Barriers Compliance Board, as authorized by section 502 of the Rehabilitation Act of 1973, as amended, $2,020,000. NATIONAL TRANSPORTATION SAFETY BOARD SALARIES AND EXPENSES

For necessary expenses of the National Transportation Safety Board, including hire of passenger motor vehicles and aircraft; service 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 a GS-18; uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901-5902), $19,970,000, of which not to exceed $300 may be used for official reception and representation expenses. CIVIL AERONAUTICS BOARD SALARIES AND EXPENSES

For necessary expenses of the Civil Aeronautics Board, including hire of aircraft; hire of passenger motor vehicles; services as authorized by 5 U.S.C. 3109; uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901-5902); and not to exceed $4,000 for official reception and representation expenses, $23,125,000: Provided, That of the foregoing amount, not to exceed $10,625,000 shall be made available for the period between April 1, 1983, and September 30, 1983. PAYMENTS TO AIR CARRIERS

49 USC 1376a.

For pa3mients to air carriers of so much of the compensation fixed and determined by the Civil Aeronautics Board under section 419 of the Federal Aviation Act of 1958, as amended, (49 U.S.C. 1389), as is payable by the Board, $48,400,000, to remain available until expended and such amounts as may be necessary to liquidate obligations incurred prior to September 30, 1982, under 49 U.S.C. 1376 and 1389: Provided, That, notwithstanding any other provision of law, none of the funds hereafter appropriated by this or any other Act shall be expended under section 406 (49 U.S.C. 1376) for services provided after September 30, 1982: Provided further. That, notwithstanding any other provision of law or of the previous provision of this paragraph, payments shall be made from funds appropriated herein and in accordance with the provisions of this paragraph to carriers providing, as of September 30, 1982, services covered by rates fixed under section 406 of the Federal Aviation Act (excluding services covered by payments under section 419(a)(7) and services in the State of Alaska): Provided further. That, notwithstanding any other provision of law, such payments shall be based upon rate orders applicable to such carriers as of July 1, 1982, but shall not exceed

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Page:United States Statutes at Large Volume 96 Part 2.djvu/417

 PUBLIC LAW 97-369—DEC. 18, 1982

96 STAT. 1779

$13,500,000 in the aggregate: Provided further. That, notwithstanding any other provision of law, to the extent necessary to meet this limitation, such payments shall be reduced by a percentage which is the same for all carriers eligible for such payments: Provided further. That nothing in this Act shall be deemed to prevent the Board from granting an application under section 419(a)(llXA) (49 U.S.C. 1389) pertaining to a carrier receiving compensation under this Act, in which event the standards and procedures set forth in section 419(a)(llXA) shall apply. INTERSTATE COMMERCE COMMISSION SALARIES AND EXPENSES

For necessary expenses of the Interstate Commerce Commission, including services as authorized by 5 U.S.C. 3109, and not to exceed $1,500 for official reception and representation expenses, $65,600,000: Provided, That joint board members and cooperating State commissioners may use Government transportation requests when traveling in connection with their official duties as such. PAYMENTS FOR DIRECTED RAIL SERVICE

None of the funds provided under this Act shall be available for the execution of programs the obligations for which can reasonably be expected to be in excess of $10,000,000 for directed rail service under 49 U.S.C. 11125 or any other legislation. PANAMA CANAL COMMISSION OPERATING EXPENSES

For operating expenses necessary for the Panama Canal Commission, including hire of passenger motor vehicles and aircraft; uniforms or allowances therefor, as authorized by law (5 U.S.C. 59015902); not to exceed $8,000 for official reception and representation expenses of the Board; operation of guide services; residence for the administrator; contingencies of the administrator; not to exceed $25,000 for official reception and representation expenses of the Administrator, and to employ services as authorized by law (5 U.S.C. 3109); maintaining, improving, and altering facilities of other United States Government agencies in the Republic of Panama and facilities of the Government of the Republic of Panama for Panama Canal Commission use; and for payment of liabilities of the Panama Canal Company and Cemal Zone Government that were pending on September 30, 1979, or that have accrued thereafter, including accounts payable for capital projects, $405,000,000, to be derived from the Panama Canal Commission Fund: Provided, That there may be credited to this appropriation, funds received from the Panama Canal Commission s capital outlays account for expenses incurred for supplies and services provided for capital projects and funds received from officers and employees of the Commission and/ or commercial insurers of Commission employees for payment to other United States Government agencies for expenditures made for services provided to Commission employees and their dependents by such other agencies: Provided further. That, to the extent that the resources of the Fund are not adequate to provide the amount of

97-200 O - 8 4 - p t. 2

14: QL3

49 USC 10344 ^°^-

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Page:United States Statutes at Large Volume 96 Part 2.djvu/418

 96 STAT. 1780

PUBLIC LAW 97-369—DEC. 18, 1982 budget authority provided above, the Commission may incur obligations in advance of adequate receipts in the Fund. CAPITAL OUTLAY

For acquisition, construction, and replacement of improvements, facilities, structures, and equipment required by the Panama Canal Commission, including the purchase of not to exceed forty-two passenger motor vehicles of which nineteen are for replacement only; to employ services authorized by law (5 U.S.C. 3109); for payment of liabilities of the Panama Canal Company and Canal Zone Government that were pending on September 30, 1979, or that have accrued thereafter; to improve facilities of other United States Government agencies in the Republic of Panama and facilities of the Government of the Republic of Panama for Panama Canal Commission use, $29,024,000: Provided, That funds appropriated are to be derived from the Panama Canal Commission Fund and to remain available until expended. DEPARTMENT OF THE TREASURY OFFICE OF THE SECRETARY INVESTMENT IN FUND ANTICIPATION NOTES

45 USC 829. 45 USC 821,822 and note, 825.

For the acquisition, in accordance with section 509 of the Railroad Revitalization and Regulatory Reform Act of 1976, as amended, and section 803 of Public Law 95-620, of fund anticipation notes, $5,000,000. UNITED STATES RAILWAY ASSOCIATION ADMINISTRATIVE EXPENSES

For necessary administrative expenses to enable the United States Railway Association to carry out its functions under the 45 USC 701 note. Regional Rail Reorganization Act of 1973, as amended, $2,950,000, to remain available until expended, of which not to exceed $500 may be available for official reception and representation expenses. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY INTEREST PAYMENTS

93 Stat. 1320.

For necessarv expenses for interest payments, to remain available until expended, $51,663,569: Provided, That these funds shall be disbursed pursuant to terms and conditions established by Public Law 96-184 and the Initial Bond Repayment Participation Agreement. TITLE III—GENERAL PROVISIONS SEC. 301. During the current fiscal year applicable appropriations to the Department of Transportation shall be available for maintenance and operation of aircraft; hire of passenger motor vehicles and aircraft; purchase of liability insurance for motor vehicles operating in foreign countries on official departmental business; and

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Page:United States Statutes at Large Volume 96 Part 2.djvu/419

 PUBLIC LAW 97-369—DEC. 18, 1982 uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901-5902). SEC. 302. None of the funds provided in this Act shall be available for the planning or execution of programs the commitments for which are in excess of $600,000,000 in fiscal year 1983 for grants-inaid for airport planning, noise compatibility planning and programs, and development. SEC. 303. None of the funds provided under this Act shall be available for the planning or execution of programs, the obligations for which are in excess of $10,000,000 in fiscal year 1983 for "Highway-related safety grants". SEC. 304. None of the funds provided under this Act shall be available for the planning or execution of programs, the total obligations for which are in excess of $95,000,000 in fiscal year 1983 for "State and community highway safety": Provided, That none of the funds under "State and community highway safety" shall be used for construction, rehabilitation or remodeling costs or for office furnishings and fixtures for State, local, or private buildings or structures. SEC. 305. Funds appropriated for the Panama Canal Commission may be apportioned notwithstanding section 3679 of the Revised Statutes, as amended (31 U.S.C. 665), to the extent necessary to permit payment of such pay increases for officers or employees as may be authorized by administrative action pursuant to law which are not in excess of statutory increases granted for the same period in corresponding rates of compensation for other employees of the Government in comparable positions. SEC. 306. Funds appropriated under this Act for expenditures by the Federal Aviation Administration shall be available (1) except as otherwise authorized by the Act of September 30, 1950 (20 U.S.C. 236-244), for expenses of primary and secondary schooling for dependents of Federal Aviation Administration personnel stationed outside the continental United States at costs for any given area not in excess of those of the Department of Defense for the same area, when it is determined by the Secretary that the schools, if any, available in the locality are unable to provide adequately for the education of such dependents and (2) for transportation of said dependents between schools serving the area which they attend and their places of residence when the Secretary, under such regulations as may be prescribed, determines that such schools are not accessible by public means of transportation on a regular basis. SEC. 307. Appropriations contained in this Act for the Department of Transportation shall be available for 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 a GS-18. SEC. 308. None of the funds provided under this Act for Urban formula grants shall be made available to support mass transit facilities, equipment, or operating expenses unless the applicant for such assistance has given satisfactory assurances in such manner and forms as the Secretary may require, and in accordance with such terms and conditions as the Secretary may prescribe, that the rates charged elderly and handicapped persons during nonpeak hours shall not exceed one-half of the rates generally applicable to other persons at peak hours: Provided, That the Secretary, in prescribing the terms and conditions for the provision of such assistance shall (1) permit applicants to continue the use of preferential fare systems for elderly or handicapped persons where those sys-

96 STAT. 1781

Airport planning grants.

Highway-relatijd safety grants.

State and community highway safetj'.

Panama Canal Commission, pay increase.

FAA personnel, dependents' school expenses. 20 USC 241 note.

Mass transit fare for elderly and handicapped.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/420

 96 STAT. 1782

Fiscal year limitation. Federal-aid highways. 95 Stat. 1667. 40 USC 801 note. Ante, p. 180.

23 USC 144 note.

33 USC 985a.

33 USC 988.

PUBLIC LAW 97-369—DEC. 18, 1982

terns were in effect on or prior to November 26, 1974, (2) allow applicants a reasonable time to expand the coverage of operating preferential fare systems as appropriate, (3) allow applicants to continue to use preferential fare systems incorporating the offering of a free return ride upon payment of the generally applicable full fare where any such applicant's existing fare collection system does not reasonably permit the collection of half fares, and (4) allow applicants to define the eligibility of "handicapped persons" for the purposes of preferential fares in conformity with other Federal laws and regulations governing eligibility for benefits for disabled persons. SEC. 309. None of the funds contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. SEC. 310. (a) Notwithstanding any other provision of law except Public Laws 97-125 and 97-216, the total of all obligations for Federal-aid highways and highway safety construction programs for fiscal year 1983 shall not exceed $8,100,000,000. This limitation shall not apply to obligations for emergency relief under section 125 of title 23, United States Code, projects covered under section 147 of the Surface Transportation Assistance Act of 1978, or section 9 of the Federal-Aid Highway Act of 1981. No obligation constraints shall be placed upon any ongoing emergency project carried out under section 125 of title 23, United States Code, or section 147 of the Surface Transportation Assistance Act of 1978. (b) For fiscal year 1983, the Secretary of Transportation shall distribute the limitation imposed by subsection (a) by allocation in the ratio which sums authorized to be appropriated for Federal-aid highways and highway safety construction which are apportioned to each State for such fiscal year bears to the total of the sums authorized to be appropriated for Federal-aid highways and highway safety construction which are apportioned to all the States for such fiscal year. (c) During the period October 1 through December 31, 1982, no State shall obligate more than 35 per centum of the amount distributed to such State under subsection (b), and the total of all State obligations during such period shall not exceed 25 per centum of the total amount distributed to all States under such subsection. (d) Notwithstanding subsections (b) and (c), the Secretary shall— (1) provide all States with authority sufficient to prevent lapses of sums authorized to be appropriated for Federal-aid highways and highway safety construction which have been apportioned to a State, except in those instances in which a State indicates its intention to lapse sums apportioned under section 104(b)(5)(A) of title 23, United States Code; (2) after August 1, 1983, revise a distribution of the funds made available under subsection (b) if a State will not obligate the amount distributed during that fiscal year and redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during that fiscal year; and (3) not distribute amounts authorized for administrative expenses and forest highways. SEC. 311. Notwithstanding any other provision of law, any bond issued under section 5 of the Act of May 13, 1954 (68 Stat. 94; 33 U.S.C. 985), is hereby canceled together with the obligation to pay such bond and section 120t))(5) of such Act is hereby repealed:

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Page:United States Statutes at Large Volume 96 Part 2.djvu/421

 PUBLIC LAW 97-369—DEC. 18, 1982

96 STAT. 1783

Provided, That paragraphs (10), (11), and (12) of section 4 of the Act of May 13, 1954, are hereby redesignated as paragraphs (11), (12), and (13) respectively and a new paragraph (10) is enacted to read as follows: "(10) may retain toll revenues for purposes of eventual reinvestment in the Seaway.". SEC. 312. None of the funds provided in this Act shall be available for the implementation or execution of programs the obligations for which are in excess of $60,000,000 in fiscal year 1983 for the "Offshore Oil Pollution Compensation Fund". SEC. 313. None of the funds appropriated in this Act for the Panama Canal Commission may be expended unless in conformance with the Panama Canal Treaties of 1977 and any law implementing those treaties. SEC. 314. None of the funds provided in this Act may be used for planning or construction of rail-highway crossings under section 322(a) of title 23, United States Code, or under section 701(a)(5) or section 703(1)(A) of the Railroad Revitalization and Regulatory Reform Act of 1976 at the— (1) School Street crossing in Groton, Connecticut; and (2) Broadway Extension crossing in Stonington, Connecticut. SEC. 315. None of the funds in this Act shall be used for the planning or execution of any program to pay the expenses of, or otherwise compensate, non-Federal parties intervening in regulatory or adjudicatory proceedings funded in this Act. SEC. 316. None of the funds in this Act shall be used to assist, directly or indirectly, any State in imposing mandatory State inspection fees or sticker requirements on vehicles which are lawfully registered in another State, including vehicles engaged in interstate commercial transportation which are in compliance with Part 396— Inspection and Maintenance of the Federal Motor Carrier Safety Regulations of the U.S. Department of Transportation. SEC. 317. Except as otherwise provided under existing law or under an existing Executive order issued pursuant to an existing law, the obligation or expenditure of any appropriation under this Act for contracts for any consulting service shall be limited to contracts which are (1) a matter of public record and available for public inspection, and (2) thereafter included in a publicly available list of all contracts entered into within 24 months prior to the date. on which the list is made available to the public and of all contracts on which performance has not been completed by such date. The list required by the preceding sentence shall be updated quarterly and shall include a narrative description of the work to be performed under each such contract. SEC. 318. For fiscal year 1982 and thereafter, the Inspector General of such department or establishment, or comparable official, or if there is no Inspector General or comparable official, the agency head or the agency head's designee, shall submit to the Congress along with the budget justification an evaluation of the agency's progress to institute effective management controls and improve the accuracy and completeness of the data provided to the Federal Procurement Data System regarding consultant service contractual arrangements. SEC. 319. None of the funds in this Act shall be used to implement, administer, or enforce any regulation which has been disapproved pursuant to a resolution of disapproval duly adopted in accordance with the applicable law of the United States.

33 USC 984.

Offshore Oil Pollution C!ompensation Fund. Panama Canal Commission.

Rail-highway crossings.

45 USC 851, 853.

Regulatory or adjudicatory proceedings. Motor vehicles, State inspection fees or sticker requirements.

49 CFR Part 396. Consulting service contracts.

Submittal to congressional committees. 31 USC 1114 note.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/422

 96 STAT. 1784 Deepwater Port Liability Funds.

PUBLIC LAW 97-369—DEC. 18, 1982

SEC. 320. None of the funds provided in this Act shall be available for the implementation or execution of programs, the obligations for which are in excess of $50,000,000 in fiscal year 1983 for the "Deepwater Port Liability Fund". 23 USC 127 note. SEC. 321. Notwithstanding any other provision of law, no funds authorized to be appropriated for any fiscal year under provisions of 70 Stat. 374. the Federal-Aid Highway Act of 1956 shall hereafter be apportioned to any State which imposes a vehicle width limitation of more or less than 102 inches on any segment of the National System of Interstate and Defense Highways, or any other qualifying Federalaid highways as designated by the Secretary of Transportation, with traffic lanes designed to be a width of twelve feet or more: Provided, That, notwithstanding any other provision of law, certain safety devices which the Secretary of Transportation determines as necessary for safe and efficient operation of motor vehicles shall not be included in the calculation of width: Provided further, That, notwithstanding any other provision of law or of this paragraph, a State may grant special use permits to motor vehicles that exceed 102 inches: Provided further. That, notwithstanding any other provision of law, no withholding of apportionment shall be imposed upon a State by virtue of the provisions of this paragraph prior to October 1, 1983. Compensation SEC. 322. (a) Any air carrier having a claim for compensation claims. under section 406 or 419(a)(7)(B) of the Federal Aviation Act of 1958, 49 USC 1376b. decided by the Civil Aeronautics Board (hereinafter referred to as 49 USC 1376, the "Board") may bring an action directly on the claim in the 1389. United States Claims Court as provided in section 10(a) of the 41 USC 609. Contract Disputes Act of 1978 with respect to claims which have been decided by a contracting officer. Failure by the Board to issue a final decision on a final claim within one year after it was filed with the Board, or by the date of enactment of this section, whichever is later, shall be deemed to be a decision by the Board denying the claim, and will authorize an action on the claim as provided in this section. This section shall apply to any claim decided, or deemed to have been decided, by the Board after January 1, 1981, including any claim remanded to the Board by a United States court of appeals, irrespective of when the claim was filed with the Board. Any action under this section shall be filed within one hundred and twenty days after the claim has been decided or is deemed to have been decided by the Board, or within one hundred and twenty days after the date of enactment of this section, whichever is later. Any petition for review of a decision of the Board with respect to any such claim pending in a United States court of appeals on the date of enactment of this section shall be dismissed without prejudice upon motion of the petitioner. (b) Except as provided herein, the following provisions of the 41 USC 601 note. Contract Disputes Act of 1978 shall apply with respect to any claim to which this section applies as if such claim were a claim with respect to a decision of a contracting officer under section 10(a) of 41 USC 609. such Act and as if the Board were a contracting officer: 41 USC 611. (1) Section 12, relating to interest, which shall be payable by decision of the Board or the Court of Claims at the rates provided in such section, not to precede the date of enactment of the Contract Disputes Act of 1978. 41 USC 612. (2) Section 13, relating to the payment of claims and judgments. 28 USC 1491. (3) Section 14(i), relating to the jurisdiction of the United States Claims Court.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/423

 PUBLIC LAW 97-369—DEC. 18, 1982 (c) If an administrative law judge has issued an initial decision after a hearing on the record in the case before the Board, the court may, in its discretion, rely upon the evidence adduced at such hearing and may give such initial decision such weight as it deems appropriate. SEC. 323. None of the funds provided by this Act shall be used by the Civil Aeronautics Board to substitute aircraft of lesser seating capacity or lesser than necessary pressurized altitude capability, for the type of aircraft now prescribed for essential air transportation to any point in Alaska as set forth in Civil Aeronautics Board Order 80-1-167 without the prior concurrence of the applicable State agency of the State of Alaska. SEC. 324. No funds appropriated under this Act shall be expended to pay for any travel initiated after January 1, 1983, by the Administrator of the Federal Aviation Administration as passenger or crew member aboard any Department of Transportation aircraft to any destination served by a regularly scheduled air carrier: Provided, That this limitation shall not apply if no regularly scheduled carriers' flight arrives at the destination of the Administrator within 6 hours local time of the desired time of arrival: Provided further, That this limitation shall not apply to costs incurred by any flight which is essentially for the purpose of inspecting, investigating, or testing the operations of any aspect of the Federal Aviation Administration system designed to aid and control air traffic, or to maintain or improve aviation safety: Provided further. That this limitation shall not apply to costs incurred by any flight in Department of Transportation aircraft which is necessary in times of emergency or disaster, or for security reasons, or to fulfill official diplomatic representation responsibilities in foreign countries: Provided further, That written certifications shall be issued quarterly on all flights initiated in the previous quarter subject to this limitation and shall be made readily available to Congress and the general public. SEC. 325. (a) Neither the Secretary of the department in which the Coast Guard is operating nor any other officer or employee of the United States shall approve any project or take any action which would interfere with the reasonable needs of navigation on the Columbia Slough, Oregon. (b) For purposes of subsection (a) of this section, any bridge which is to be constructed across the Columbia Slough, Oregon, after the date of enactment of this section shall be deemed to provide for the reasonable needs of navigation on the Columbia Slough, Oregon, if such bridge provides at least thirty feet of vertical clearance Columbia River datum and at least eighty feet of horizontal clearance, as determined by the Secretary of the department in which the Coast Guard is operating. SEC. 326. Notwithstanding any other provision of law or of this Act, the Secretary of Transportation shall approve, upon request of the State of Indiana, $300,000 to be made available from funds available for redistribution under 23 U.S.C. 118(b) for a project to relocate and encase certain water line facilities crossing under 1-80 and 1-94 in Hammond, Indiana. Such sums shall remain available until expended and shall be subject to any obligation limitations for Federal-aid highway programs. SEC. 327. Notwithstanding any other provision of law, the Secretary of Transportation shall approve, upon request of the State of Indiana, not to exceed $4,000,000, to be made available from funds

96 STAT. 1785

Air travel, limitation.

Columbia Slough, Oreg., bridge construction.

Hammond, Ind.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/424

 96 STAT. 1786

Transfer of Funds.

Short title.

PUBLIC LAW 97-369—DEC. 18, 1982

available for redistribution under 23 U.S.C 118(b) for the construction of an interchange to appropriate standards at 1-94 and County Line Road at the Porter-LaPorte County Line near Michigan City, Indiana. Such amount shall be subject to the obligation limitation enacted for fiscal year 1983 or any fiscal year thereafter on obligations for Federal-aid highways and highway safety construction programs. SEC. 328. Notwithstanding any other provision of this Act, the Secretary of Transportation is authorized to transfer appropriated funds between the Coast Guard Operating expenses appropriation and the Coast Guard Headquarters administration appropriation and between the Federal Aviation Administration appropriation for Operations and the Federal Aviation Administration appropriation for Headquarters administration: Provided, That the Coast Guard and Federal Aviation Administration Headquarters administration appropriations shall be neither increased nor decreased by more than 7.5 per centum by any such transfers: Provided further. That any such transfers shall be reported promptly to the Committees on Appropriations and the appropriate authorizing committees in the House and the Senate. This Act may be cited as the "Department of Transportation and Related Agencies Appropriations Act, 1983". Approved December 18, 1982.

LEGISLATIVE HISTORY—H.R. 7019 (S. 2914): HOUSE REPORTS: No. 97-783 (Comm. on Appropriations) and No. 97-960 (Comm. of Conference). SENATE REPORTS: No. 97-546 accompanying S. 2914 (Comm. on Appropriations), No. 97-567 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 128 (1982): Sept. 16, 21, considered and passed House. Dec. 2, considered and passed Senate, amended. Dec. 16, House agreed to conference report; concurred in certain Senate amendments, in others with amendments; Senate agreed to conference report; concurred in House amendments.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/425

 PUBLIC LAW 97-370—DEC. 18, 1982

96 STAT. 1787

Public Law 97-370 97th Congress An Act Making appropriations for Agriculture, Rural Development, and Related Agencies programs 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 Agriculture, Rural Development, and Related Agencies programs for the fiscal year ending September 30, 1983, and for other purposes; namely:

Dec. 18, 1982 [H.R. 7072] Agriculture, rural development, and related agencies appropriations, fiscal year 1983.

TITLE I—AGRICULTURAL PROGRAMS PRODUCTION, PROCESSING AND MARKETING OFFICE OF THE SECRETARY

For necessary expenses of the Office of the Secretary of Agriculture, including not to exceed $75,000 for employment under 5 U.S.C. 3109, $3,884,000: Provided, That not to exceed $8,000 of this amount shall be available for official reception and representation expenses, not otherwise provided for, as determined by the Secretary. STANDARD LEVEL USER CHARGES ( U S D A)

For payment of standard level user charges pursuant to Public Law 92-313 for programs and activities of the Department of Agriculture which are included in this Act, $56,377,000. ADVISORY COMMITTEES

(USDA)

For necessary expenses for activities of Advisory Committees of the Department of Agriculture which are included in this Act, $1,398,000: Provided, That no other funds in this Act shall be available to the Department of Agriculture for support of activities of Advisory Committees. DEPARTMENTAL ADMINISTRATION

For Budget and Program Analysis, and Public Participation, $3,529,000; for Energy, $185,000; for Operations and Finance, Personnel, Regulatory Hearings, Equal Opportunity, Safety and Health Management, and Small and Disadvantaged Business Utilization, $9,452,000; making a total of $13,166,000 for Departmental Administration to provide for necessary expenses for management support services to offices of the Department of Agriculture and for general administration of the Department of Agriculture, repairs and alterations, and other miscellaneous supplies and expenses not otherwise provided for and necessary for the practical and efficient work of the Department of Agriculture, of which not to exceed $10,000 is for

40 USC 601 note.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/426

 96 STAT. 1788

PUBLIC LAW 97-370—DEC. 18, 1982

employment under 5 U.S.C. 3109: Provided, That this appropriation shall be reimbursed from applicable appropriations in this Act for travel expenses incident to the holding of hearings as required by 5 U.S.C. 551-558. OFFICE OF GOVERNMENTAL AND PUBLIC AFFAIRS

For necessary expenses to carry on services relating to the coordination of programs involving governmental and public affairs and emergency preparedness; acting as liaison within the executive branch; and for the dissemination of agricultural information and the coordination of information work and programs authorized by Congress in the Department, $6,677,000; of which not to exceed $10,000 shall be available for employment under 5 U.S.C. 3109, and, not to exceed $2,000,000 may be used for farmers' bulletins and not less than two hundred thirty-two thousand two hundred and fifty copies for the use of the Senate and House of Representatives of part 2 of the annual report of the Secretary (known as the Yearbook of Agriculture) as authorized by 44 U.S.C. 1301: Provided, That in the preparation of motion pictures or exhibits by the Department, this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225). OFFICE OF CONGRESSIONAL AFFAIRS

For necessary expenses for liaison with the Congress on legislative matters, $439,000. OFFICE OF THE INSPECTOR GENERAL Transfer of funds.

5 USC app.

For necessary expenses of the Office of the Inspector General, including employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), $27,943,000 including such sums as may be necessary for contracting and other arrangements with public agencies and private persons pursuant to section 6(a)(8) of the Inspector General Act of 1978 (Public Law 95-452), and including a sum not to exceed $50,000 for employment under 5 U.S.C. 3109; and in addition, $14,270,000 shall be derived by transfer from the appropriation, "Food Stamp Program" and merged with this appropriation. OFFICE OF THE GENERAL COUNSEL

Transfer of funds.

For necessary expenses, including payment of fees or dues for the use of law libraries by attorneys in the field service, $12,386,000; and in addition, $628,000 shall be derived by transfer from the appropriation, "Food Stamp Program" and merged with this appropriation. FEDERAL GRAIN INSPECTION SERVICE

7 USC 71. 7 USC 1621 note.

Building alteration and repair.

For necessary expenses to carry out the provisions of the United States Grain Standards Act, as amended, and the standardization activities related to grain under the Agricultural Marketing Act of 1946, as amended, including field employment pursuant to section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $50,000 for employment under 5 U.S.C. 3109, $5,369,000: Provided, That this appropriation shall be available pursuant to law (7 U.S.C.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/427

 PUBLIC LAW 97-370—DEC. 18, 1982

96 STAT. 1789

2250) for the alteration and repair of buildings and improvements, but, unless otherwise provided, the cost of altering any one building during the fiscal year shall not exceed 10 per centum of the current replacement value of the building: Provided further. That none of the funds provided by this Act may be used to pay the salaries of any person or persons who require, or who authorize payments from fee-supported funds to persons or persons who require, nonexport, nonterminal interior elevators to maintain records not involving official inspection or official weighing in the United States under Public Law 94-582 other than those necessary to fulfill the purposes of such Act.

7 USC 71 note.

INSPECTION AND WEIGHING SERVICES LIMITATION ON ADMINISTRATIVE EXPENSES

Not to exceed $44,313,000 (from fees collected) shall be obligated during the current fiscal year for Inspection and Weighing Services. AGRICULTURAL RESEARCH SERVICE

For necessary expenses to enable the Agricultural Research Service to perform agricultural research and demonstration relating to production, utilization, marketing, and distribution (not otherwise provided for), home economics or nutrition and consumer use, and for acquisition of lands by donation, exchange, or purchase at a nominal cost not to exceed $100, $452,378,000: Provided, That appropriations hereunder shall be available for field employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $115,000 shall be available for employment under 5 U.S.C. 3109: Provided further, That funds appropriated herein can be used to provide financial assistance to the organizers of international conferences, if such conferences are in support of agency programs: Provided further, That appro- 7 USC 2254. priations hereunder shall be available for the operation and maintenance of aircraft and the purchase of not to exceed one for replacement only: Provided further, That of the appropriations hereunder not less than $10,526,600 shall be available to conduct marketing research: Provided further. That appropriations hereunder shall Construction be available pursuant to 7 U.S.C. 2250 for the construction, alter- q°^^ 2254 ation, and repair of buildings and improvements, but unless otherwise provided the cost of constructing any one building shall not exceed $110,000, except for headhouses connecting greenhouses which shall each be limited to $500,000, and except for ten buildings to be constructed or improved at a cost not to exceed $200,000 each, and the cost of altering any one building during the fiscal year shall not exceed 10 per centum of the current replacement value of the building or $110,000 whichever is greater: Provided further. That the limitations on alterations contained in this Act shall not apply to a total of $110,000 for facilities at Beltsville, Maryland: Provided further. That the foregoing limitations shall not apply to replacement of buildings needed to carry out the Act of April 24, 1948 (21 U.S.C. 113a): Provided further. That the limitations on construction contained in this Act shall not apply to the establishment of a fruit and nut germplasm repository at Geneva, New York. Special fund: To provide for additional labor, subprofessional, and Special fund, junior scientific help to be employed under contracts and coopera-

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Page:United States Statutes at Large Volume 96 Part 2.djvu/428

 96 STAT. 1790

PUBLIC LAW 97-370—DEC. 18, 1982

tive agreements to strengthen the work at Federal research installations in the field, $2,000,000. BUILDINGS AND FACILITIES

For acquisition of land, construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities of or used by the Agricultural Research Service, where not otherwise provided, $1,927,000. SCIENTIFIC ACTIVITIES OVERSEAS (FOREIGN CURRENCY PROGRAM)

For payments in foreign currencies owed to or owned by the United States for market development research authorized by section 104(b)(1) and for agricultural and forestry research and other functions related thereto authorized by section 104(b)(3) of the Agricultural Trade Development and Assistance Act of 1954, as amended (7 U.S.C. 1704(b)(l), (3)), $2,977,000: Provided, That this appropriation shall be available, in addition to other appropriations for these purposes, for payments in the foregoing currencies: Provided further. That funds appropriated herein shall be used for payments in such foreign currencies as the Department determines are needed, and can be used most effectively to carry out the purposes of this paragraph: Provided further. That not to exceed $25,000 of this appropriation shall be available for payments in foreign currencies for expenses of employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), as amended by 5 U.S.C. 3109. COOPERATIVE STATE RESEARCH SERVICE

For payments to agricultural experiment stations, for cooperative forestry and other research, for facilities, and for other expenses, including $149,295,000 to carry into effect the provisions of the Hatch Act approved March 2, 1887, as amended by the Act approved August 11, 1955 (7 U.S.C. 361a-361i), and further amended by Public 20 USC 1001 Law 92-318 approved June 23, 1972, and further amended by Public Law 93-471 approved October 26, 1974, including administration by 3i-i70l^note '^ United States Department of Agriculture, and penalty mail costs of agricultural experiment stations under section 6 of the 7 USC 36if. Hatch Act of 1887, as amended, and payments under section 1361(c) 7 USC 301 note, of the Act of October 3, 1980 (7 U.S.C. 301n.); $12,452,000 for grants for cooperative forestry research under the Act approved October 10, 1962 (16 U.S.C. 582a—582a-7), as amended by Public Law 92-318 20 USC 1001 approved June 23, 1972, including administrative expenses, and note. payments under section 1361(c) of the Act of October 3, 1980 (7 7 USC 301 note. U.S.C. 301n.); $22,394,000 for payments to the 1890 land-grant colleges, including Tuskegee Institute, for research under section 1445 of the National Agricultural Research, Extension, and Teaching 7 USC 3222. Policy Act of 1977 (Public Law 95-113), as amended, including administration by the United States Department of Agriculture, and penalty mail costs of the 1890 land-grant colleges, including Tuskegee Institute; $26,533,000 for contracts and grants for agricultural research under the Act of August 4, 1965, as amended (7 U.S.C. 450i); $17,000,000 for competitive research grants, including administrative expenses; $5,760,000 for the support of animal health and 7 USC 3195. disease programs authorized by section 1433 of Public Law 95-113,

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Page:United States Statutes at Large Volume 96 Part 2.djvu/429

 PUBLIC LAW 97-370—DEC. 18, 1982

96 STAT. 1791

including administrative expenses; $540,000 for grants in accordance with section 1419 of Public Law 95-113, as amended; $702,000 for research authorized by the Native Latex Commercialization and Economic Development Act of 1978; $10,000,000 for grants to upgrade 1890 land-grant college research facilities as authorized by section 1433 of Public Law 97-98; and $290,000 for necessary expenses of Cooperative State Research Service activities, including administration of payments to State agricultural experiment stations, funds for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $50,000 for employment under 5 U.S.C. 3109; in all, $244,966,000.

7 USC 3154. 7 USC 178 ncte. 7 USC 3223.

EXTENSION SERVICE

Payments to States, Puerto Rico, Guam, the Virgin Islands, American Samoa, and Micronesia: For payments for cooperative agricultural extension work under the Smith-Lever Act, as amended by the Act of June 26, 1953, the Act of August 11, 1955, the Act of October 5, 1962 (7 U.S.C. 341-349), section 506 of the Act of June 23, 1972, and the Act of September 29, 1977 (7 U.S.C. 341-349), and section 1361(c) of the Act of October 3, 1980 (7 U.S.C. 301n.), to be distributed under sections 3(b) and 3(c) of the Act, for retirement and employees' compensation costs for extension agents, and for costs of penalty mail for cooperative extension agents and State extension directors, $230,376,000; payments for the nutrition and family education program for low-income areas under section 3(d) of the Act, $60,354,000; payments for the urban gardening programs under section 3(d) of the Act, $3,000,000; payments for the pest management program under section 3(d) of the Act, $7,531,000; payments for the farm safety program under section 3(d) of the Act, $1,020,000; payments for the pesticide impact asseissment program under section 3(d) of the Act, $1,716,000; payments for carrying out the provisions of the Renewable Resources Extension Act of 1978, $2,000,000; payments for extension work under section 209(c) of Public Law 93-471, $983,000; payments for extension work by the colleges receiving the benefits of the second Morrill Act (7 U.S.C. 321-326, 328) and Tuskegee Institute, $16,241,000; in all, $323,221,000, of which not less than $79,400,000 is for Home Economics: Provided, That funds hereby appropriated pursuant to section 3(c) of the Act of June 26, 1953, and section 506 of the Act of June 23, 1972, as amended, shall not be paid to any State, Puerto Rico, Guam, or the Virgin Islands, American Samoa, and Micronesia prior to availability of an equal sum from non-Federal sources for expenditure during the current fiscal year. Federal administration and coordination: For Administration of the Smith-Lever Act, as amended by the Act of June 26, 1953, the Act of August 11, 1955, the Act of October 5, 1962, section 506 of the Act of June 23, 1972, section 209(d) of Public Law 93-471, and the Act of September 29, 1977 (7 U.S.C. 341-349), and section 1361(c) of the Act of October 3, 1980 (7 U.S.C. 301n.), and to coordinate and provide program leadership for the extension and higher education work of the Department and the several States and insular possessions, $5,451,000, of which not less than $2,300,000 is for Home Economics.

86 Stat. 350. 7 USC 301 note. 7 USC 343.

16 USC 1600' note. D.e. Code 31-1719.

7 USC 343. 86 Stat. 350.

7 USC 341-349. 86 Stat. 350. D.e. eode 31-1719. 7 USC 301 note.

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