CONFERENCE REPORT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85M01133R000100140008-6
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 31
• Document Creation Date: December 21, 2016
• Document Release Date: September 12, 2008
• Sequence Number: 8
• Publication Date: September 30, 1983
• Content Type: REPORT

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97TH CONGRESS I HOUSE OF REPRESENTATIVES ( REPORT
2d Session J t No. 97-914
MAKING CONTINUING APPROPRIATIONS FOR THE FISCAL
YEAR ENDING SEPTEMBER 30, 1983, AND FOR OTHER PUR-
POSES -
Mr. WHITTEN, from the committee of conference,
submitted the following
CONFERENCE REPORT
The committee of conference on the disagreeing votes of the two
Houses on the amendments of the Senate to the joint resolution
(H.J. Res. 599) making continuing appropriations for the fiscal year
ending September 30, 1983, and for other purposes, having met,
after full and free conference, have agreed to recommend and do
recommend to their respective Houses as follows:
That the Senate recede from its amendments numbered 6, 7, 8.
11, 12, 13, 16, 24, 28, 31, 34, 35, 36, 38, 39, 41, 42, 44, 45, 47, 48, 49,
52, 55, 60, 70, 77, 87, and 95.
That the House recede from its disagreement to the amendments
of the Senate numbered 1, 2, 3, 4, 5, 9, 19, 20, 21, 22, 23, 25, 29, and
32, and agree the same.
Amendment numbered 10:
That the House recede from its disagreement to the amendment
of the Senate numbered 10, and agree to the same with an amend-
ment, as follows:
In lieu of the matter stricken and inserted by said amendment,
insert the following:
(c) Pending passage of the regular Department of Defense Appro-
priation Act for fiscal year 1989, such amounts as may be necessary
for continuing activities which were conducted in the fiscal year
1982, for which provision was made in the Department of Defense
Appropriation Act, 1982, but such activities shall be funded at not
to exceed an annual rate for new obligational authority of
$228,700,000,000, which is an increase above the current level, and
this increase shall be distributed on a pro-rate basis to each appro-
priation account and shall operate under the terms and conditions
99-252 0
STAT
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provided for in the applicable appropriation Acts for the fiscal year
1982: Provided, That no appropriation or fund made available or
authority granted pursuant to this paragraph shall be used to initi-
ate or resume any project or activity for which appro riations,
funds, or other authority were not available during the cal year
1982; this limitation shall include but not be limited to prohibitions
on funding availability for initial production of the M-X interconti-
nental ballistic missile and for long lead or initialproduction of a
second nuclear-powered aircraft carrier until midnight December 17,
.1982; and in addition, this limitation shall include the lower appro-
priation or funding ceilings for specific projects and activities set
forth in the Department of Defense Appropriation Act, 1983, as re-
ported to the Senate on September 29, 1982, or as subsequently re-
ported to the House of Representatives: Provided further, That no
appropriation or fund made available or authority granted pursu-
ant to this paragraph shall be used to initiate multiyear procure-
ments utilizing advance procurement funding for economic order
quantity procurement unless specifically appropriated later except
for the following programs and amounts; AN/ALQ-136 Radar Jam-
ming the purchase of C-2 aircraft under a multiyear contract,
$267,800,000: Provided further, That none of the funds appropriated
or made available pursuant to this paragraph for the pay of mem-
bers of the uniformed services shall be available to pay any member
of the uniformed services a variable housing allowance pursuant to
section 403(a)(2) of title 37, United States Code, in do amount that
is greater than the amount which would have been payable to such
member if the rates of basic allowance for quarters for members of
the uniformed services in effect on September 30, 1982, had been in-
creased by 8 per centum on October 1, 1982.? Provided further, That
pending passage of the regular Department of Defense Appropri-
ations Act for fiscal year 1983, none of the funds appropriated or
made available pursuant to this paragraph shall be available for
the additional conversion of any full time personnel in support of
the Army Reserve, Air Force Reserve, Army National Guard, and
Air National Guard, from military technician to Active Guard/Re-
serve status: Provided further, That none of the funds appropriated
or made available pursuant to this paragraph, except for small pur-
chases in amounts not exceeding $10,000, shall be available for the
procurement of any article of od, clothing, cotton, woven silk or
woven silk blends, spun silk yarn for cartridge cloth, synthetic
fabric or coated synthetic fabric, or wool (whether in the form of
fiber or yarn or contained in fabrics, materials, or manufactured ar-
ticles), or specialty metals including stainless steel flatware, not
grown, reprocessed, reused, or produced in the United States or its
possessions, except to the extent that the Secretary of the Depart-
ment concerned shall determine that satisfactory quality and suffi-
cient quantity of any articles of food or clothing or any form of
cotton, woven silk and woven silk blends, spun silk yarn for car-
tridge cloth, synthetic fabric or coated synthetic fabric, wool, or spe-
cialty metals including stainless steel flatware, grown, reprocessed,
reused, or produced in the United States or its possessions cannot be
procured as and when needed at United States market prices and
except procurements outside the United States in support of combat
operations, procurements by vessels in foreign waters, and emergency
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procurements or procurements of perishable foods by establishments
located outside the United States for the personnel attached thereto;
Nothing in this rovision shall preclude the procurement of foreign
produced specialpty metals used in the production or manufacture of
weapons or weapons systems made outside the United States except
those specialty metals which contain nickel from Cuba, or the pro-
curement of chemical warfare protective clothing produced outside
the United States, if such procurement is necessary to comply with
agreements with foreign governments; Nothing herein shall preclude
the procurement of foods manufactured or processed in the United
States or its possessions; No funds appropriated or made available
pursuant to this paragraph shall be used for the payment of a price
differential on contracts hereafter made for the purpose of relieving
economic dislocations other than certain contracts not involving
fuel made on a test basis by the Defenser Logistics Agency with a
cumulative value not to exceed $5,000,000,000, as may be determined
by the Secretary of Defense pursuant to existing laws and regula-
tions as not to be inappropriate therefor by reason of national secu-
rity considerations; That the Secretary s cifically determines that
there is a reasonable expectation that offers will be obtained from a
sufficient number of eligible concerns so that awards of such con-
tracts will be made at a reasonable price and that no award shall
be made for such contracts if the price differential exceeds 5 per
centum; None of the funds appropriated or made available pursuant
to this paragraph shall be used except that, so far as practicable, all
contracts shall be awarded on a formally advertised competitive bid
basis to the lowest responsible bidder.
And the Senate agree to the same.
Amendment numbered 14:
That the House recede from its disagreement to the amendment
of the Senate numbered 14, and agree to the same with an amend-
ment, as follows:
Notwithstanding section 102 of this joint resolution, such
amounts as may be necessary for continuing projects and activities
under all the conditions and to the extent and in the manner as
provided in S. 2939, entitled the Legislative Branch Appropriation
Act, 1983, as reported September 22, 1982, and the provisions of S.
2939 shall be effective as if enacted into law; except that the provi-
sions of section 306(a), (b), and (d) of S. 2999 shall apply to any ap-
propriation, fund, or authority made available for the period Octo-
ber 1, 1982, through December 17, 1982, by this or any other Act.
For purposes of this subsection, S. 2939, as reported September 22,
1982, shall be treated as appropriating the following amounts:
Under the headings "JOINT ITEMS'; "CONTINGENT EX-
PENSES OF THE SENATE"; "Joint Economic Committee";
$2,327,000, and "CONTINGENT EXPENSES OF THE HOUSE";
"Joint Committee on Taxation"; $3,233,000; under the headings
"CONGRESSIONAL BUDGET OFFICE"; "SALARIES AND EX-
PENSES"; $14,825,000; under the headings "ARCHITECT OF THE
CAPITOL"; "Salaries"; $4,301,000; under the headings "COPY-
RIGHT ROYALTY TRIBUNAL"; "SALARIES AND EXPENSES";
$606,000, of which $157,000 shall be derived from the appropriation
"Payments to Copyright Owners" for the reasonable costs incurred
in proceedings involving distribution of royalty fees as provided by
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17 U.S.C. 807; under the headings "GENERAL ACCOUNTING
OFFICE" ; "SALARIES AND EXPENSES"; $244,900,000.
For purposes of this subsection, S. 2939 shall be applied as fol-
lows:
The limitation on the number of staff employees of the Congres-
sional Budget Office contained in S. 2939 shall be applied by substi-
tuting "222 staff employees" for "226 staff employees
The fourth proviso under the headings "GOVERNMENT PRINT-
ING OFFICE"; "GOVERNMENT PRINTING OFFICE REVOLV-
ING FUND" ; relating to travel expenses of advisory councils to the
Public Printer, contained in S. 2939 shall be effective only for fiscal
year 1983.
And the Senate agree to the same.
Amendment numbered 17:
That the House recede from its disagreement to the amendment
of the Senate numbered 17, and agree to the same with an amend-
ment, as follows:
In lieu of the matter proposed by said amendment insert:
(g) Such amounts as may be necessary for continuing activities
which were conducted in fiscal year 1982, for which provision was
made in the Energy and Water Development Act, 1982, at the cur-
rent rate of operations: Provided, That no appropriation, fund or au-
thority made available by this joint resolution or any other Act may
be used directly or indirectly to significantly alter, modify, disman-
tle, or otherwise change the normal operation and maintenance re-
quired for any civil works project under Department of Defense-
Civil, Department of the Army, Corps of Engineers-Civil, Operation
and Maintenance, General, and the operation and maintenance ac-
tivities funded in Flood Control, Mississippi River and Tributaries:
Provided further, That no appropriation or fund made available or
authority granted pursuant to this paragraph shall be used to initi-
ate or resume any project or activity for which appropriations,
funds, or other authority were not available during the fiscal year
1982 without prior approval of the Committees on Apprpriations:
Provided further, That no appropriation, fund or authority made
available to the Department of Energy by this joint resolution or
any other Act, shall be used for any action which would result in a
significant reduction of the employment levels for any program or
activity below the employment levels in effect on September 30, 1982.
And the Senate agree to the same.
Amendment numbered 18:
That the House recede from its disagreement to the amendment of
the Senate numbered 18, and agree to the same with an amend-
ment, as follows:
In lieu of the matter stricken and inserted by said amendment
insert: December 17, 1982; and the Senate agree to the same.
Amendment numbered 26:
That the House recede from its disagreement to the amendment
of the Senate numbered 26, and agree to the same with an amend-
ment, as follows:
Restore the matter stricken by said amendment, amended to
read as follows:
SEC. 110. No part of any appropriation contained in, or funds
made available by this or any other Act, shall be available for any
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agency to pay to the Administrator of the General Services Adminis-
tration a higher rate per square foot for rental of space and services
(established pursuant to section 210(j) of the Federal Property and
Administrative Services Act of 1949, as amended) than the rate per
square foot established for the space and services by the General
Services Administration for the current fiscal year and for which
appropriations were granted: Provided, That no part of any appro-
priation contained in, or funds made available by this or any other
Act, shall be available for any agency to pay to the Administrator of
the General Services Administration a higher rate per square foot
for rental space and services (established pursuant to section 210(j)
of the Federal Property and Administrative Services Act of 1949, as
amended) than the rate per square foot established for the space
and services by the General Services Administration for the fiscal
year 1982: Provided further, That the limitations of this section
shall terminate on December 17, 1982.
And the Senate agree to the same.
Amendment numbered 27:
That the House recede from its disagreement to the amendment
of the Senate numbered 27, and agree to the same with an amend-
ment, as follows:
In lieu of section number 110 named in said amendment insert:
111; and the Senate agree to the same.
Amendment numbered 37:
That the House recede from its disagreement to the amendment
of the Senate numbered 37, and agree to the same with an amend-
ment, as follows:
In lieu of the matter stricken and inserted by said amendment
insert: 101(a)(3); and the Senate agree to the same.
Amendment numbered 40:
That the House recede from its disagreement to the amendment
of the Senate numbered 40, and agree to the same with an amend-
ment, as follows:
In lieu of the matter stricken and inserted by said amendment
insert: : Provided, That except for funds obligated or expended for
planning, administration, and management expenses, and architec-
tural or other consulting services, no funds herein appropriated
shall be available for obligation or expenditure until such time as
the Chancellor, acting on behalf of the Board of Regents of the
Smithsonian Institution, certifies that all required matching funds-,
are actually on hand or available through legally binding pledges;
and the Senate agree to the same.
Amendment numbered 43:
That the House recede from its disagreement to the amendment
of the Senate numbered 43, and agree to the same with an amend-
ment, as follows:
In lieu of the matter stricken and inserted by said amendment
insert: 101(a)(3); and the Senate agree to the same.
Amendment numbered 46:
That the House recede from its disagreement to the amendment
of the Senate numbered 46, and agree to the same with an amend-
ment, as follows:
In lieu of the matter stricken and inserted by said amendment,
insert:
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Notwithstanding section 101(a)(3) of this joint resolution, none of
the funds provided by this joint resolution for the Legal Services
Corporation shall be expended for any purpose prohibited or limited
by or contrary to Sec. 4(a), (b), and (c); Sec. 5; and Sec. 11 of H.R.
3480, as passed the House of Representatives on June 18, 1981: Pro-
vided further, That none of the funds appropriated under this joint
resolution for the Legal Services Corporation shall be expended to
provide legal assistance for or on behalf of any alien unless the
alien is a resident of the United States and is-
(1) an alien lawfully admitted for permanent residence as an
immigrant as defined by sections 101(a)(15) and 101(a)(20) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15), (20));
(2) an alien who is either married to a United States citizen
or is a parent or an unmarried child under the age of twenty-
one years of such a citizen and who has filed an application for
adjustment of status to permanent resident under the Immigra-
tion and Nationality Act, and such application has not been re-
jected;
(3) an alien who is lawfully present in the United States pur-
suant to an admission under section 207 of the Immigration
and Nationality Act (8 U.S.C. 1157, relating to refugee admis-
sions) or who has been granted asylum by the Attorney General
under such Act; or
(4) an alien who is lawfully present in the United States as a
result of the Attorney General's withholding of deportation pur-
suant to section 243(h) of the Immigration and Nationality Act
(8 U.S.C. 1253(h)).
An alien who is lawfully present in the United States as a result
of being granted conditional entry pursuant to section 203(a)(7) of
the Immigration and Nationality Act (8 U.S.C. 1153(a)(7)) before
April 1, 1980, because of persecution or fear of persecution on ac-
count of race, religion, or political opinion or because of being up-
rooted by catastrophic natural calamity shall be deemed, for pur-
poses of section 1007(bX11) of the Legal Services Corporation Act, to
be an alien described in subparagraph (C) of such section: Provided
further, That none of the funds provided by this joint resolution for
the Legal Services Corporation shall be used by the Corporation in
making grants or entering into contracts for legal assistance unless
the Corporation insures that the recipient is either (a) a private at=
torney or attorneys (for the sole purpose of furnishing legal assist-
ance to eligible clients) or (b) a qualified nonprofit organization
chartered under the laws of one of the States for the primary pur-
pose of furnishing legal assistance to eligible clients, the majority of
the board of directors or other governing body of which organization
is comprised of attorneys who are admitted to practice in one of the
States and who are appointed to terms of office on such board or
body by the governing bodies of State, county, or municipal bar asso-
ciations the membership of which represents a majority of the attor-
neys practicing law in the locality in which the organization is to
provide legal assistance: Provided further, That none of the funds
appropriated under this joint resolution for the Legal Services Cor-
poration shall be used to bring a class action suit against the Feder-
al Government or any State or local government except in accord-
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ance with policies or regulations adopted by the Board of Directors
of the Legal Services Corporation.
Amendment numbered 50:
That the House recede from its disagreement to the amendment
of the Senate numbered 50, and agree to the same with an amend-
ment, as follows:
In lieu of the matter stricken and inserted by said amendment
insert: $77,042,000; and the Senate agree to the same.
Amendment numbered 51:
That the House recede from its disagreement to the amendment
of the Senate numbered 51, and agree to the same with an amend-
ment, as follows:
In lieu of the sum proposed by said amendment insert
$67,301,000; and the Senate agree to the same.
Amendment numbered 53:
That the House recede from its disagreement to the amendment
of the Senate numbered 53, and agree to the same with an amend-
ment, as follows:
In lieu of the sum proposed by said amendment insert $7,121,000;
and the Senate agree to the same.
Amendment numbered 54:
That the House recede from its disagreement to the amendment
of the Senate numbered 54, and agree to the same with ap amend-
ment, as follows:
In lieu of the matter stricken and inserted by said amendment,
insert the proposed Senate language amended to change section
number 122, as follows: 126; and the Senate agree to the same.
Amendment numbered 56:
That the House recede from its disagreement to the amendment
of the Senate numbered 56, and agree to the same with an amend-
ment, as follows:
In lieu of the matter proposed by said amendment insert:
SEC. 128. Notwithstanding any other provision of this joint resolu-
tion except section 102, funds shall be available for the special sup-
plemental food program as authorized by section 17 of the Child
Nutrition Act of 1966 (42 U.S.C. 1786), at the rate and under the
terms and conditions provided for in Title III of H.R. 7072 as
passed the Senate on September 28, 1982.
And the Senate agree to the same.
Amendment numbered 58:
That the House recede from its disagreement to the amendment
of the Senate numbered 58, and agree to the same with an amend-
ment, as follows:
In lieu of section number 126 named in said amendment insert:
130; and the Senate agree to the same.
Amendment numbered 61:
That the House recede from its disagreement to the amendment
of the Senate numbered 61, and agree to the same with an amend-
ment, as follows:
In lieu of section number 129 named in said amendment insert:
132; and the Senate agree to the same.
Amendment numbered 62:
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8
That the House recede from its disagreement to the amendment
of the Senate numbered 62, and agree to the same with an amend-
ment, as follows:
In lieu of the matter proposed by said amendment insert:
SEC. 133. (a) In accordance with section 101(b) of this joint resolu-
tion, activities under title XV of the Public Health Service Act shall
be continued at a rate to maintain current operating levels.
(b) Notwithstanding any other provision of law, no funds appro-
priated by this joint resolution or any other Act for fiscal year 1983
for any allotment, grant, loan, or loan guarantee- under the Public
Health Service Act or the Comprehensive Alocohol Abuse and Alco-
holism Prevention, Treatment, and Rehabilitation Act of 1970 shall
be subject to reduction under section 1521(dX2) of the Public Health
Service Act during the riod beginning on October 1, 1982, and
ending on the date specified in clause (c) of section 102.
And the Senate agree to the same.
Amendment Numbered 63:
That the House recede from its disagreement to the amendment
of the Senate numbered 63, and agree to the same with an amend-
ment, as follows:
In lieu of section number 131 named in said amendment insert
134; and the Senate agree to the same.
Amendment numbered 64:
That the House recede from its disagreement to the amendment
of the Senate numbered 64, and agree to the same with an amend-
ment, as follows:
In lieu of the matter proposed by said amendment insert:
SEC. 135. Notwithstanding any other provision of this joint resolu-
tion, such amounts as may be necessary shall be transferred from
the Federal Hospital Insurance and the Federal Supplementary
Medical Insurance Trust Funds to support an annual operating
level for Medicare claims processing activities of $800,000,000, in-
cluding $45,000,000 for this purpose which is currently available
under section 118 of Public Law 97-248.
And the Senate agree to the same.
Amendment numbered 65:
That the House recede from its disagreement to the amendment
of the Senate numbered 65, and agree to the same with an amend-
ment, as follows: -
In lieu of the matter proposed by said amendment insert:
SEc. 136. Notwithstanding the decision of the United States Court
of Appeals for the District of Columbia Circuit in Connecticut v.
Schweiker (No. 81-2090, July 27, 1982), section 306 of Public Law
96-272, or section 1132 of the Social Security Act, no payment shall
be made, in or with respect to any fiscal year prior to fiscal year
1984, under this or any other Act, and no court shall award or en-
force any payment (whether or not pursuant to such decision) from
amounts appropriated by this or any other Act, to reimburse State
or local expenditures made prior to October 1, 1978, under title I,
IV, X, XIV, XVI, XIX, or XX of the Social Security Act, unless a
request for reimbursement had been officially transmitted to the
Federal Government by the State within one year after the fiscal
year in which the expenditure occurred. After fiscal year 1983, any
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payment made to reimburse such State or local expenditures re-
quired to be reimbursed by a court decision in any case filed prior to
September 30, 1982 shall be made in accordance with a schedule, to
be established under the Social Security Act, over fiscal years 1984
through 1986.
And the Senate agree to the same.
Amendment numbered 66:
That the House recede from its disagreement to the amendment
of the Senate numbered 66, and agree to the same with an amend-
ment, as follows: -
In lieu of section number 134 named in said amendment insert
137; and the Senate agree to the same.
Amendment numbered 67:
That the House recede from its disagreement to the amendment
of the Senate numbered 67, and agree to the same with an-amend-
ment, as follows:
In lieu of the matter proposed by said amendment insert:
SEC. 138. Notwithstanding any other provision of law, of the
funds appropriated for fiscal year 1983 to carry out the Community.
Services Block Grant Act of 1981, not more than 10 per centum of
the funds allotted to each State under section 674 of such Act shall
be used for purposes other than to make grants to eligible entities as
defined in section 673(1) of such Act or to organizations serving sea-
sonal and migrant farmworkers or to designated limited purpose
agencies which meet the requirements of section 673(1) Of such Act.
And the Senate agree to the same.
Amendment numbered 68:
That the House recede from its disagreement to the amendment
of the Senate numbered 68, and agree to the same with an amend-
ment, as follows:
In lieu of section number 136 named in said amendment insert:
139; and the Senate agree to the same.
Amendment numbered 71:
That the House recede from its disagreement to the amendment
of the Senate numbered 71, and agree to the same with an amend-
ment, as follows:
In lieu of section number 139 named in said amendment insert
141; and the Senate agree to the same.
Amendment numbered 72:
That the House recede from its disagreement to the amendment
of the Senate numbered 72, and agree to the same with an amend-
ment, as follows:
In lieu of section 'number 140 named in said amendment insert
142; and the Senate agree to the same.
Amendment numbered 74:
That the House recede from its disagreement to the amendment
of the Senate numbered 74, and agree to the same with an amend-
ment, as follows:
In lieu of the matter proposed by said amendment insert:
SEC. 144. Notwithstanding any other provision of this joint resolu-
tion, except section 102, funds shall be available for the United
States Travel and Tourism Administration at an annual rate of
$7,600,000.
And the Senate agree to the same.
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Amendment numbered 79:
That the House recede from its disagreement to the amendment
of the Senate numbered 79, and agree to the same with an amend-
ment, as follows:
t
t i
d
nser
men
In lieu of section number 147 named in said amen
148; and the Senate agree to the same.
Amendment numbered 80:
That the House recede from its disagreement to the amendment
of the Senate numbered 80, and agree to the same with an amend-
ment, as follows:
In lieu of the matter proposed by said amendment insert:
SEC. 149. Of the amounts appropriated to the Department of State
for the purposes of "Contributions for International Peacekeeping
Activities" not more than $50,000,000 shall be available for expenses
necessary for contributions to a United Nations Transition Assist-
ance Group, notwithstanding section 15(a) of the State Department
Basic Authorities Act of 1956 or any other provision of law: Pro-
vided, That none of these funds shall be obligated or expended for
contributions to the United Nations Transition Assistance Group
unless the President determines and reports to the Congress that an
internationally acceptable agreement has been achieved among the
parties to the Namibia dispute concerning im lementation of
United Nations Security Council Resolution 435 for the independ-
ence of Namibia.
And the Senate agree to the same.
Amendment numbered 81:
That the House recede from its disagreement to the amendment
of the Senate numbered 81, and agree to the same with an amend-
ment, as follows:
In lieu of section number 149 named in said amendment insert
150; and the Senate agree to the same.
Amendment numbered 82:
That the House recede from its disagreement to the amendment
of the Senate numbered 82, and agree to the same with an amend-
ment, as follows:
In lieu of section number 150 named in said amendment insert
151; and the Senate agree to the same.
Amendment numbered 84:
That the House recede from its disagreement to the amendment
of the Senate numbered 84, and agree to the same with an amend-
ment, as follows:
In lieu of the sum named in said amendment insert $190,000; and
the Senate agree to the same.
Amendment numbered 91:
That the House recede from its disagreement to the amendment
of the Senate numbered 91, and agree to the same with an amend-
ment, as follows:
In lieu of section number 160 named in said amendment insert
159; and the Senate agree to the same.
Amendment numbered 92:
That the House recede from its disagreement to the amendment
of the Senate numbered 92, and agree to the same with an amend-
ment, as follows:
In lieu of the matter proposed by said amendment insert:
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SEC. 160. All obligations incurred in anticipation of the appropri-
ations and authority provided in this joint resolution for the pur-
poses of maintaining the minimum level of essential activities neces-
sary to protect life and property and bringing about orderly termina-
tion of other functions are hereby ratified and confirmed if other-
wise in accordance with the provisions of this joint resolution.
And the Senate agree to the same. -
Amendment numbered 94:
That the House recede from its disagreement to the amendment
of the Senate numbered 94, and agree to the same with an amend-
ment, as follows:
In lieu of section number 163 named in said amendment insert:
162; and the Senate agree to the same.
Amendment numbered 96:
That the House recede from its disagreement to the amendment
of the Senate numbered 96, and agree to the same with an amend-
ment, as follows:
In lieu of the matter proposed by said amendment insert:
SEC. 163. None of the funds provided in this joint resolution shall
be used to implement an apportionment and staffing plan to specifi-
cally phase down the Public Health Service Commissioned Corps.
And the Senate agree to the same.
Amendment numbered 97:
That the House recede from its disagreement to the amendment
of the Senate numbered 97, and agree to the same with an amend-
ment,-as follows:
In lieu of the matter proposed by said amendment insert:
SEC. 164. Notwithstanding section 1804 of the Public Health Serv-
ice Act, funds provided for the President's Commission for the
Study of Ethical Problems in Medicine and Biomedical and Behav-
ioral Research by the Urgent Supplemental Appropriations Act,
1982 (Public Law 97-216) shall remain available until December 31,
1982.
And the Senate agree to the same.
Amendment numbered 98:
That the House recede from its disagreement to the amendment
of the Senate numbered 98, and agree to the same with an amend-
ment, as follows:
In lieu of section number 167 named in said amendment insert
165; and the Senate agree to the same.
Amendment numbered 99:
That the House recede from its disagreement to the amendment
of the Senate numbered 99, and agree to the same with an amend-
ment, as follows:
In lieu of section number 168 named in said amendment insert
166; and the Senate agree to the same.
The committee of conference report in disagreement amend-
ments numbered 15, 30, 33, 57, 59, 69, 73, 75, 76, 78, 83, 85, 86, 88,
89, 90, 93, and 100.
JAMIE L. WHITTEN,
EDWARD P. BOLAND,
WILLIAM H. NATCHER,
NEAL SMITH,
JOSEPH P. ADDABBO,
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CLARENCE D. LONG,
SIDNEY R. YATES,
EDWARD R. ROYBAL,
TOM BEVILL,
Bo GINN,
WILLIAM LEHMAN,
JULIAN C. DIXON,._
VIC FAZIO, --
SILVIO 0. CONTE, -
JOSEPH M. MCDADE,
JACK EDWARDS,
JOHN T. MYERS
(except No. 88),
J. KENNETH ROBINSON,
CLARENCE E. MILLER
(except Nos. 29 and 30),
LAWRENCE COUGHLIN,
Managers on the Part of the House.
MARK 0. HATFIELD,
TED STEVENS,
LOWELL P. WEICKER, Jr.,
JAMES A. MCCLURE,
PAUL LAXALT,
JAKE GARN,
HARRISON SCHMITT,
THAD COCHRAN,
MARK ANDREWS,
JAMES ABDNOR,
ROBERT W. KASTEN,
ALFONSE M. D'AMATO,
MACK MATTINGLY,
WARREN RUDMAN,
ARLEN SPECTER,
WILLIAM PROXMIRE,
JOHN C. STENNIS,
DANIEL K. INOUYE,
ERNEST F. HOLLINGS,
TOM EAGLETON,
LAWTON CHILES,
J. BENNETT JOHNSTON,
WALTER D. HUDDLESTON
(except amendment No.
95),
QUENTIN BURDICK,
PATRICK J. LEAHY,
JIM SASSER,
DENNIS DECONCINI,
DALE BUMPERS,
Managers on the Part of the Senate.
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JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF
CONFERENCE
The managers on the part of the House and the Senate at the
conference on the disagreeing votes of the two Houses on the
amendments of the Senate to the joint resolution (H.J. Res. 599),
making continuing appropriations for the fiscal year 1983 and for
other purposes, submit the following joint statement to the House
and the Senate in explanation of the effect of the action agreed
upon by the managers and recommended in the accompanying con-
ference report:
Amendment No. 1: Deletes the House provision for the Energy
and Water Development Appropriation Act, 1983 in Sec. 101 (a)(1).
Amendment No. 2: Deletes language proposed by the House and
stricken by the Senate which provides for projects and activities
funded in the HUD-Independent Agencies bill at the House or
Senate level, whichever is lower.
Amendment Nos. 3, 4, and 5: Provide that when an Act listed in
subsection 101(a) has been reported to the House or the Senate but.
not passed by that House by October 1, 1982, it shall be considered
as having been passed by that House.
Amendment Nos. 6, 7, and 8: Technical amendments that delete
proposed Senate conforming language.
Amendment No. 9: Specifies that off-budget appropriations for
the purchase and transportation of petroleum for the Strategic Pe-
troleum Reserve be continued at the fiscal year 1982 rate of. oper-
ations, the same as other activities covered in the Interior and Re-
lated Agencies Appropriation, as proposed by the Senate.
* RATE OF OPERATIONS FOR DEPARTMENT OF DEFENSE
Amendment No. 10: Includes language which provides for con-
tinuing the activities of the Department of Defense at not to exceed
an annual rate for new obligational authority of $228,700,000,000,
and includes certain prohibitions on the use of the funds made
available. The House language would have provided for a rate of
operations not in excess of the current rate until the Defense Ap-
propriation Act, 1983, was reported in the House whereupon that
rate would prevail. The Senate language would have provided for a
rate of operations set forth in the Defense Appropriations Act,
1983, as reported to the Senate on September 23, 1982.
The managers have included a provision that prohibits the De-
partment of Defense from initiating or resuming any project or ac-
tivity for which appropriations or funds were not available in fiscal
year 1982. The managers have also specifically included prohibi-
tions of funding for initial production of the M-X missile and for
long lead or initial production of a second nuclear-powered aircraft
carrier. There is no prohibition on continuing Tong lead production
of the carrier for which long lead production was provided in fiscal
year 1982. By including these specific prohibitions, the managers
intended only to defer these and other funding initiatives until the
Congress has had an opportunity to act on the final funding deci-
sions. The programs specificall included 'on
are on yso_me major examples o funding issues
decided by Uongress. 'I a managers were of +he opinion t a+ fl
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epa men a ense consult wit t e Appropriation Commit-
,
eration of this continuing reso u ion. The managers a so direct the
Department adhere the oT wer o-f the appropriation and fund-
ing ceilings for projects, subprojects and activities set forth in the
Department of Defense Appropriations Act, 1983, as reported to the
House of Representatives or the Senate. In no instance should
these ceilings be breached, and by the same token, these funding
ceilings should not by interpreted as mandatory obligational levels.
The intention of a continuing resolution is to proceed with the gov-
ernment's business at the lowest level possible, retaining Congres-
sional flexibility for funding decisions to be made at later time.
Congress should not be put in a position of being forced to fund
programs on which it has not yet had an opportunity to express its
will, since such action would impinge on its flexibility in arriving
at these final funding decisions.
The managers agreed further that in order to avoid costly inter-
ruptions in the industrial base, authorized and appropriated fiscal
year 1982 funds, including long-lead funds for defense programs,
should continue to be spent unless specifically prohibited by the
authorizing and appropriation committees of Congress.
The managers included a provision limiting variable housing al-
lowance payments. Regular military compensation consists of basic
pay, basic allowance for subsistence, and basic allowance for quar-
ters. Each of the components or regular military compensation is
affected by cost-of-living pay raise adjustments. Accordingly, this
year the determination to limit the pay raise to become effective
October 1, 1982, to four percent means that each of the components
would be reduced by four percent from the budgeted eight percent
pay raise. For those service members receiving basic allowance for
quarters, however, the variable housing allowance entitlement pro-
gram automatically makes up that four percent reduction for the
basic allowance for quarters component of regular military com-
pensation. The effect of this situation is to unfairly spread the
burden of the pay cap policy since only about one-third of the mili-
tary population now receives variable housing allowance payments.
Further, the variable housing allowance offsetting payments would
amount to about $137 million and would therefore reduce antici-
pated savings from the pay cap policy by that amount.
The limitation in this joint resolution assures that those variable
housing allowance payments that would otherwise offset the basic
allowance for quarters reduction due to the pay cap are not made.
Without this provision, the Congress would face the requirement to
fund $137 million in a supplemental bill for these payments, and
then make additional reductions of $137 million in other defense
programs to stay within its fiscal year 1983 spending allocations for
defense.
In fiscal year 1982, congressional report language directed the
Department of Defense to let each reserve component be free to de-
termine the appropriate mix of full time military and military
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15
technicians. It has come to the managers' attention that this lan-
guage has been interpreted to mean that cost sholdnn x Tha man-
cipal factor in the determination of the appropriate
agers wish to reaffirm that cost is clearly intended to remain a forth
ublic principal factor in th is ideterminatin as on Authorizat onsAct of 1975)), wh ch di-
93-36365 (DOD Approp that scon-
rected DOD to "use the least costly form of manpower con-
sistent with military requirements and other needs of the Depart-
ment of Defense". This is particularly the case since (1) the.quaeey
of cost comparisons rethoeuGeneral Accounting Office; and Con-
called gress question by increases for the military since
gress has approved significant pay
the last comprehensive comparative cost assessment of conversions.
Furthermore, the managers understand that a significant portion
of the conversions rplanned for equirement to reduce the number o civilianyper-
sonn l to the rsonnel to achieve personnel ceiling objectives, rather than consider-
ations of relative cost and relative effect on readiness Ac. FinaGuarhe
managers understand that in some components Reserve personnel involved in these conversions are not deployable
assets, which is also in contradiction to congressional report direc-
tives. stop to
The language in the joint resolution s intended to put ut a a may be
conversion of military technicians, by whatever means that
accomplished administratively. It, therefore, is intended specifically
Staff scheduled istraati e As-
to cover the 43 military technician Senior
sistant positions in the Army Reserve now elimi
nated on October 1, 1982.
The managers wish to make it clear to the Department of De-and fense that it should structure its fiscal year 198T0 li ry at east a
ian pay allocations-not program funding-to to become effective on
25 percent absorption rate for the pay
October 1, 1982. Management and administrative practices and
per-
yeto ensure achieve mentnof absorption ievbeginning of the e mpof at least 251
year a
cent.
provision included in the
The managers have agreed to accept Ba ill, 1983 (S. 2951), requir-
ing reported defense Appropriations
ing procurement of American-built commodities and materials.
Amendment No. 11: Provides funding for foreign assistance at Ass the level contained
owhi hever is is
pr ns Bill) or the 1983 request level,
lower, loweas provided by the House instead of the current level of op-
erations as provided by the Senate. other
Amendment 12: Restores the House Language or any
provision of law".
Amendment 13: Restores the House language which provides for
aid to Israel at the level provided in Public Law 97-113 (the 1982
authorization bill).
Amendment No. 14: Provides funding for the operations of the
Legislative Branch as provided in, and under othe o terms Act fdr ondi-
tions of, S. 2939, the Legislative Branch App p
reported on September 22, 1982, with certain exceptions, for the
fiscal year 1983, and extends the senior level salary freeze until De-
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cember 17, 1982. The House bill had proposed funding as provided
in H.R. 7073 for the fiscal year 1983; the Senate bill proposed fund-
ing as provided in S. 2939, subject to the termination date of the
continuing resolution.
The conferees have agreed on the following exceptions from S.
2939:
Item Confe.ence agreement
Joint Economic Committee ......................................................................... $2,327,000
Joint Committee on Taxation ..................................................................... 3,233,000
Congressional Budget Office ................................................................;1 ...... 14,825,000
Office of the Architect: Salaries .......................................................-....... 4,301,000
Copyright Royalty Tribunal-Limitation ................................................. 606,000
Authority to spend receipts ................................................................. (157,000)
Net direct appropriation ............................................................. _.., 449,000
General Accounting Office .......................................................................... 244,900,000
In addition, the conferees agree that the number of staff at the
Congressional Budget Office shall be limited to 222; and that the
Public Printer, during fiscal year 1983, may pay the travel ex-
penses of advisory councils to the Public Printer out of funds avail-
able in the Government Printing Office revolving fund.
Due to the lack of sufficient time on the legislative calendar, and
because the Committees on Appropriations in the House and
Senate each reported Legislative Branch appropriation bills that
are very close in their recommendations, the conferees have decid-
ed, after reaching agreement on the differences between the two
bills, to fund the Legislative Branch for the entire fiscal year 1983.
It is the intention of the conferees that fiscal year 1984 Legislative
Branch funding will be acted upon in regular order by both
Houses.
The conferees agree that no additional funding will be provided
for energy conservation in the Capital complex until a comprehe-
sive analysis of the accrued and estimated costs and benefits of the
program has been developed, together with a statement of appro-
priate goals. Also, in providing annual authority for the Informa-
tion Industry Council, an advisory body to the Public Printer, the
conferees direct that the Council shall be broadly representative of
all segments of the printing and publishing industry, including its
communications, typesetting, distribution and labor components.
Appointees to the Council shall be chosen for their experience and
technological expertise within the industry. The Council's task
shall be to advise and recommend methods and procedures to the
Public Printer for furthering the stated aims of Congress in the
field of public printing and distribution. All meetings of the Coun-
cil shall be open to the public.
RATE OF OPERATIONS FOR MILITARY CONSTRUCTION
Amendment No. 15: Reported in technical disagreement. The
managers on the part of the House will offer a motion to recede
and concur in the amendment of the Senate with an amendment as
follows:
In lieu of the matter inserted by said amendment, insert the fol-
lowing::Provided, That notwithstanding the foregoing provision of
this paragraph and notwithstanding any other provision of this
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joint resolution, such amounts as may be necessary for projects or
activities provided for in the Military Construction Act, 1988 (H.R.
6968), at a rate for operations and to the extent and in the manner
provided for in the conference report and joint explanatory state-
ment of the committee of conference as filed in the House of Repre-
sentatives on September 30, 1982, as if such Act had been enacted
into law.
The managers on the part of the Senate will move to concur in
the amendment of the House to the amendment of the Senate.
Amendment No. 16: Deletes language proposed by the' Senate
which provides for projects and activities funded in the HUD-Inde-
pendent Agencies bill at levels and under the conditions of the
Senate reported bill.
Amendment No. 17: Inserts language proposed by the Senate for
funding of programs in Energy and Water Development Appropri-
ations at the current rate of operations, modified to require prior
approval of the Committees on Appropriations for the initiation or
resumption of any project or activity for which appropriations,
funds or other authority were not available in fiscal year 1982.
Amendment No. 18: Provides for a termination date for this reso-
lution of Friday, December 17, 1982, rather than December 15, 1982
as provided for by the House or December 22, 1982 as provided for
by the Senate.
Amendment No. 19 and 20: Technical amendments correcting
two section number references to the United States Code.
Amendment No. 21: Deletes House language in Section 107 pro-
viding*for funding of Department of Energy National Security Pro-
grams, Bonneville Power Administration Fund (Borrowing Authori-
ty) and Corps of Engineers Operation and Maintenance programs
at the levels specified for these activities in the Energy and Water
Development Appropriation Bill as reported to the House (H.R.
7145).
Amendment No. 22: Changes section number.
Amendment No. 23: Changes section number.
Amendment No. 24: Deletes language proposed by the Senate re-
lating to Water Resources Council.
Amendment No. 25: Changes section number.
Amendment No. 26: Restores language proposed by the house
amended to provide that the restriction on GSA rental rates pro-
vided in this joint resolution shall expire on December 17, 1982.
Amendment No. 27: Inserts language proposed by the Senate
which prohibits the disposal of any federal land tracts or lands
with national environmental or economic value until certain condi-
tions are met. The managers agree that, except where provided by
law and except in the case of land exchanges, certain requirements
must be met by the proper administrative agencies before federal
land tracts or lands with national environmental or economic value
can be disposed of. As it is not the managers' intend to circumvent
current law with respect to land disposals, the managers agree that
state in-lieu selections Alaskan Native Land selections, Desert
Land Entry selections, Carey Act land selections, Indian Allot-
ments, patents under the 1872 Mining Act, and other similar land
conveyances are activities "provided by law" and, therefore, not
subject to the specific requirements provided by this section.
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Amendment No. 28: Changes section number.
Amendment No. 29: Inserts language proposed by the Senate
which subjects this provision to section 102 of this joint resolution.
Amendment No. 30: Reported in technical disagreement. The
managers on the part of the House will offer a motion to recede
and concur in the amendment of the Senate with an amendment as
follows:
In lieu of the matter stricken and inserted by said amendment,
insert the following: Moneys deposited into the National Defense
Stockpile Transaction Fund under section 9(b) of the'Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98h(b)) are hereby
made available, subject to such limitations as may be provided in
appropriation Acts and in section 5(a)(1) of such Act, until expended
for the acquisition of strategic an critical materials under section
6(a)(1) of such Act (and for transportation and other incidental ex-
penses related to such acquisition). This paragraph applies without
fiscal year limitation to moneys deposited into the fund before, on,
or after October 1, 1982.? Provided, That during the fiscal year
ending on September 30, 1983, not more than $120,000,000 in addi-
tion to amounts previously appropriated, of which not to exceed
$85,000,000 shall be available only until the termination of this
joint resolution for the purchase of domestic copper mined and
smelted in the United States after September 30, 1982, may be obli-
gated from amounts in the National Defense Stockpile Transaction
Fund for the acquisition of strategic and citical materials under sec-
tion 6(a)(1) of the Strategic and Critical Materials Stock Piling Act
(50 U.S.C. 98e(a)(1)) and for transportation and other incidental ex-
penses related to such acquisition
The managers on the part of the Senate will move to concur in
the amendment of the House to the amendment of the Senate.
This amendment makes available $120,000,000 for the purchase
of materials for the National Defense Strategic Stockpile, of which
$85,000,000 shall be available only until the termination of this
joint resolution for the purchase of copper mined and smelted in
the United States after September 30, 1982. The conferees are
agreed that this amendment does not mandate the purchase of
copper and that all the funds made available by this amendment
may be used for the purchase of any strategic or critical materials
authorized by the Act.
Amendment No. 31: Changes section number.
Amendment No. 32: Inserts language proposed by the Senate
which makes funds in the GSA Federal Buildings Fund available
for projects in the Senate reported Treasury, Postal Service and
General Government Appropriations bill.
The effect of this amendment would be that GSA projects listed
by line-item in either House reported or Senate reported Treasury,
Postal Service and General Government bill for fiscal year 1983
would be funded.
DISTRICT OF COLUMBIA
Amendment No. 33: Reported in technical disagreement. The
managers on the part of the House will offer a motion to recede
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and concur in the amendment of the Senate with an amendment as
follow:
Restore the matter stricken by said amendment amended to read
as follows:
SEC. 114. (a)(1) Funds provided by this joint resolution for costs to
continue the implementation of provisions contained in the District
of Columbia Statehood Constitutional Convention Initiative (D.C.
Law .1-171) shall be applied first toward ensuring voter education
on the proposed constitution by (A) printing, by the Statehood Com-
mission, of the proposed constitution together with objective state-
ments both for and against its provisions as expressed by the Con-
vention delegates taking such positions, (B) mailing of this informa-
tion to the registered voters of the District of Columbia by October
22, 1982, and (C) preparing for publication as a public document a
comprehensive legislative history of the proposed constitution.
(2) None of the funds provided by this joint resolution may be
used to pay for the publication of any information or materials by
the Statehood Commission which fail to present objective arguments
for and against the provisions of the proposed constitution.
(b) Notwithstanding section 102, the paragraph under the heading
"LOTTERY AND CHARITABLE GAMES ENTERPRISE FUND" in the District
of Columbia Appropriation Act, 1982 (Public Law 97-91; 95 Stat.
1175) is amended-
(1) in the second proviso, by striking out " ayments of prizes"
and inserting in lieu thereof "payment of fees to ticket agents,
fees to contractors supplying gambling paraphernalia or serv-
ices, and prizes";
(2) in the third proviso, by striking out `payments of prizes"
and inserting in lieu thereof `payment of such fees and prizes
(3) in the furth proviso, by striking out "prizes and adminis-
tration of the Board shall not exceed resources available to the
Board from appropriated authority or revenues" and inserting
in lieu thereof "administration of the Board shall not exceed
resources available to the Board from appro riated authority:
Provided further, That the annual expenses for fees and prizes
shall not exceed revenues ';? and
(4) in the fifth proviso, by striking out "for prize money" and
inserting in lieu thereof "for fees and prize money"
:
(c) Notwithstanding any other provision of this resolution, the Su-
perior Court of the District of Columbia may continue to operate the
Volunteer Attorney Program and the Community Workers Program,
and may implement the hearing commissioner program, from exist-
ing resources and position authority. Upon passage of the fiscal year
1983 appropriation Act, full year program funding will be available
to pay, retroactively, for program services performed on or after Oc-
tober 1, 1982.
(d) The Washington Convention Center may proceed at an annual
rate of operation which does not exceed $5,275,000.
The managers on the part of the Senate will move to concur in
the amendment of the House to the amendment of the Senate.
The conferees are agreed that first call on funds available to the
Statehood Constitutional Convention shall be for (1) voter educa-
tion materials to be mailed to registered voters of the District by
October 22, 1982, and (2) preparation of a legislative history of the
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20
proposed constitution. The conferees are further agreed that funds
may not be used by the Statehood Commission to pay for the prep-
aration or publication of any information or materials which fail to
present objective arguments for and against the provisions of the
proposed constitution.
The conferees have also agreed to certain technical changes to
the permanent legislation enacted in Public Law 97-91, approved
December 4, 1981, establishing the lottery and Charitable Games
Enterprise Fund. These changes were requested by the District gov-
ernment so that revenues generated from Lottery and charitable
games activities may be used to (1) permit the payment of fees
to
ticket agents and contractors supplying gambling paraphernalia
services, and (2) allow for the payment of prizes from revenues gen-
erated by these activities.
The conference agreement further provides that the Superior
Court of the District of Columbia may continue, within the re-
sources allowed under this resolution, the Volunteer Attorney Pro-
gram and the Community Workers Program, and may implement
the hearing commissioner program.
The Volunteer Attorney Program and the Community Workers
Program have been funded by Federal grant funds that will no
longer be available after September 30, 1982. Henceforth, they will
be funded from locally generated funds. Each of these programs is
provided for in both the House and Senate versions of the fiscal
year 1983 appropriations bills for the District of Columbia, which
are pending final action by the Congress.
Finally, the conferees have inserted language which allows the
Washington Convention Center to proceed towards its scheduled
opening late in colendar year 1982, at an annual rate of expendi-
ture of $5,725,000. This will allow the Center to hire the necessary
staff and make the required final preparations prior to the first
event in January, 1983. This amount does not allow for the pur-
chase of theatre style seats as proposed in the budget. That item
will be resolved during consideration of the regular fiscal year 1983
appropriations bill for the District of Columbia.
Amendments No. 34, 35 and 36: Restore section numbers pro-
posed by the House.
Amendment No. 37: Changes the section reference to 101(a)(3).
Amendment No. 38: Restores House language extending an
Agency for International Development health project in Africa for
three years.
Amendment No. 39: Restores section number proposed by the
House.
Amendment No. 40: Provides that the Chancellor, acting on
behalf of the Board of Regents of the Smithsonian Institution, cer-
tifies that private funds are available toe match stheoappropriation
in lieu of a certification by the Senate amendment.
Amendments No. 41 and 42: Restore section numbers proposed
by the House.
Amendment No. 43: Changes the section reference to 101(a)(3).
Amendment No. 44: Appropriates funds for Small Business De-
velopment Centers at an annual rate of $14,000,000 as proposed by
the House instead of $11,000,000 as proposed by the Senate.
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Amendment No. 45: Restores section number proposed by the
House. proposed by the House,
Amendment No. 46: Retains language, pwhich provides restrictions on the activities of the Legal Services
Corporation as contained in H.R. 3480 as passed the House of Rep-
resentatives on June 18, 1981 as follows:
(a) limitations on the presumptive right to refunding (Sec. 4(a),
(b) and (c);
(b) prohibitions on lobbying (Sec. 5);
(c) allocation of funding (minimum access) (Sec. 11); and
(d) restrictions on use of funds for aliens (Sec. 14(aX6) and (b)).
In addition the conference agreement provides for the restric-
tions on qualifications of recipients as contained in Sec. 3 of H.R.
3480, as proposed by the House, except, as provided by the Senate,
that the Corporation can make grants and contracts to qualified
nonprofit organizations chartered under State laws for the pri-
mary, instead of the sole, purpose of furnishing legal assistance to
re-
eligible clients. The conference agreement also provides b the
strictions on initiation of class action suits as pposfd by the
Senate instead of the class action provision contained in Sec. 6 of
H.R. 3480, as proposed by the House.
The conferees are agreed that none of the funds available under
this joint resolution for the Legal Services Corporation shall be
available for a full adversarial hearing in advance of the denial of
any application for refunding. The conferees are also agreed that
prior to the denial of any application for refunding, the Corpora-
tion shall insure that, the applicant has been given reasonable
notice and an opportunity for a timely and fair hearing pursuant
to regulations promulgated by the Corporation.
Amendment No 47: Restores section number proposed by the
House. proposed b the House
Amendment No. 48: Restores language prop Y
which permits the federal government to deduct reasonable
amounts from government employees' wages to satisfy indebted-
ness to the government, when such indebtedness has been deter-
mined by a United States Court.
Amendment No. 49: Restores section number proposed by the
House.
Amendment No. 50: Makes reference to a total of $77,042,000
available at an annual rate for exchange programs of the United
States Information Agency as provided by the conference agree-
ments in amendments numbers 51 through 53 instead of a total of
$70,122,000 as proposed by the House and unspecified amounts as
proposed by the Senate.
Amendment No. 51: Provides an annual rate of $67,301,000 for
the Fulbright and International Visitor Programs instead of
$60,415,000 as proposed by the House and $80,886,000 as proposed
by the Senate.
Amendment No. 52: Provides an annual rate of $2,620,000 for the
Humphrey Fellowship Program as proposed by the House instead
of $3,147,000 as proposed by the Senate.
Amendment No. 53: Provides an annual rate of $7,121,000 for the
proposed by the
as proposed by $7,087,000
Private Sector and $8,630,000 Programs
Senate.
House a
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Amendment No. 54: retains Senate language prohibiting the use
of funds for activities related to leasing in wilderness and wilder-
ness study areas, to conform to the language in House-passed legis-
lation.
Amendment No. 55: Restores section number proposed by the
House.
Amendment No. 56: Provides that the Women, Infants and Chil-
dren Program (WIC) shall be carried out as provided in Title III of
H.R. 7072 as passed the Senate. The conference agreement amends
the Senate language to specify as provided "in Title III" of H.R.
7072.
Amendment No. 57: Reported in technical disagreement. The
managers on the part of the House will move to recede and concur
in the Senate amendment amended to read as follows:
In lieu of the section number 125 named in said amendment,
insert 129.
The managers on the part of the Senate will move to concur in
the amendment of the House to the amendment of the Senate.
CIVIL AERONAUTICS BOARD
PAYMENTS TO AIR CARRIERS
Amendment No. 58: Retains language proposed by the Senate
which terminates the section 406 air carrier subsidy program but
continues payments to air carriers. The House bill contained no
comparable provision.
MILITARY SERVICE BONUSES
Amendment No. 59: Reported in technical disagreement. The
managers on the part of the House will offer a motion to recede
and concur in the amendment of the Senate with an amendment as
follows:
In lieu of the matter inserted by said amendment, insert the fol-
lowing:
SEC. 131. Sections 308(g) and 308a(c) of title 37, United States
Code, are amended by striking out "September 30, 1982" and insert-
ing in lieu thereof "December 17, 1982
The managers on the part of the Senate will move to concur in
the amendment of the House to the amendment of the Senate.
Amendment No. 60: Deletes new section proposed by the Senate
which would have appropriated $296,500,000 for community service
employment for older Americans under title V of the Older Ameri-
cans Act.
The conferees have deferred action without prejudice. While the
conferees support increased appropriations for this program, there
is still time to consider this matter in the regular fiscal 1983 Labor,
Health and Human Services and Education bill, since it is forward-
funded. The conferees intend to press for action on a regular
Labor-HHS bill, providing fully adequate funding for this program.
Amendment No. 61: Changes the section number and appropri-
ates $39,000,000 for the childhood immunization program adminis-
tered by the Centers for Disease Control, as proposed by the
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Senate. The House resolution contained no special provision for
this program.
Amendment No. 62: Changes the section number and provides
for continuation of activites under Title XV of the Public Health
Service Act at the rate authorized by section 101(b) of H.J. Res.
599. The Senate bill appropriated $64,432,000 for these activities.
The House bill contained no similar provision.
Also inserts language proposed by the Senate providing that
funds appropriated for 1983 shall not be subject to reduction under
section 1521(dX2) of the Public Health Service Act for the duration
of the Continuing Resolution. The House bill contained no similar
provision.
The conferees have included bill language to continue the health
planning program at the current operating level. The conferees
direct the Department of Health and Human Services to make cer-
tain, in line with the authority in section 101(b) of this Resolution,
that funds flow without interruption to health planning agencies so
that they may continue to carry out their mission while the appro-
priate House and Senate committees continue their efforts to
reauthorize the health planning program.
Amendment No. 63: Changes the section number and appropri-
ates $34,000,000 for family medicine residencies as proposed by the
Senate. The House bill contains no similar provision.
Amendment No. 64: Changes the section number and modifies
language proposed by the Senate to read as follows:
Notwithstanding any other provision of this joint resolution, such
amounts as may be necessary shall be transferred from the Federal
Hospital Insurance and the Federal Supplementary Medical Insur-
ance Trust Funds to support an annual operating level for Medicare
claims processing activities of $800,000,000, including $45,000,000
for this purpose which is currently available under section 118 of
Public Law 97-248.
No similar provision was included in the House bill.
The conferees have agreed to an interim funding level of
$800,000,000 for medicare contractors. This includes such amounts
as may be necessary, over and above the $45 million already made
available by P.L. 97-248 for this purpose, to achieve this operating
level. The 1982 funding level for this program was $711 million.
Amendment No. 65: Changes the section number and modifies
language proposed by the Senate related to certain claims submit-
ted by the States under various public assistance entitlements. The
revised language reads as follows:
Notwithstanding the decision of the United States Court of Ap-
peals for the District of Columbia Circuit in Connecticut v.
Schweiker (No. 81-2090, July 27, 1982), section 306 of Public Law
96-272, or section 1132 of the Social Security Act, no payment shall
be made, in or with respect to any fiscal year prior to fiscal year
1984, under this or any other Act, and no court shall award or en-
force any payment (whether or not pursuant to such decision) from
amounts appropriated by this or any other Act, to reimburse State
or local expenditures made prior to October 1, 1978, under title I,
IV, X, XIV, XVI, XIX, or XX of the Social Security Act, unless a
request for reimbursement had been officially transmitted to the
Federal Government by the State within one year after the fiscal
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year in which the expenditure occurred. After fiscal year 1983, any
payment made to reimburse such State or local expenditures re-
quired to be reimbursed by a court decision in any case filed prior to
September 80, 1982 shall be made in accordance with a schedule, to
be established under the Social Security Act, over fiscal years 1984
through 1986.
No similar provision was included in the House bill.
On July 27, 1982, the United States Court of Appeals for the Dis-
trict of Columbia Circuit reversed a lower court decision which had
found approximately $382 million in claims by the States to have
been untimely filed under applicable appropriations restrictions
(Connecticut v. Schweiker, No. 81-2090). For the most part, these
claims arose under the AFDC, Medicaid and title XX programs.
Some of them related to expenditures under those programs occur-
ring almost thirty years ago. As of the date of this conference. the
appeal rights of the government in the case have not yet expired,
and there remains the possibility of Supreme Court review or other
court action affecting the eventual payment by the government of
these sums. The language agreed to is not intended to prejudice the
outcome of this court case either on behalf of the government or
for the States. The position of the Congress on this issue has al-
ready been amply expressed through its action on the fiscal year
1980, 1981 and 1982 appropriations bills and related continuing res-
olutions. The amendment is, however, intended to prohibit pay-
ment of any of these claims during fiscal year 1983: If the courts
determine that payments must be made, the language agreed to
provides a procedure for orderly payment of claims over a 3 year
period beginning in fiscal year 1984.
Amendment No. 66: Appropriates $18,000,000 for fiscal year 1983
to carry out the Runaway and Homeless Youth Act, as proposed by
the Senate, and changes the section number.
Amendment No. 67: Changes the section number and modifies
language proposed by the Senate relating to the Community Serv-
ices Block Grant. The conference agreement maintains the current
requirement that States "pass through" at least 90% of funds allot-
ted to them to local community action agencies and groups serving
migrant and seasonal farmworkers.
Amendment No. 68: Inserts new section as proposed by the
Senate extending the availability of funds appropriated in 1982 for
close-out activities of the former Community Services Administra=
tion.
Amendment No. 69: Reported in technical disagreement. The
managers on the part of the House will offer a motion to recede
and concur in the amendment of the Senate with an amendment as
follows:
In lieu of section number 137 named in said amendment, insert
140.
The managers on the part of the Senate will move to concur in
the amendment of the House to the amendment of the Senate.
The Senate amendment modifies the statutory requirement for
making preliminary impact aid payments from funds available
under the continuing resolution.
Amendment No. 70: Deletes language proposed by the Senate
which would have appropriated an additional $50,000,000 over the
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25
amount otherwise made available for 1983 by the e continuing reso-
lution for vocational education basic State gra
It is the intent of the conferees that increases in funding for vo-
cational education aimed at job training r ands othl be e con oIdeent
preparation for displaced, unemployed as part of the fiscal 1983 funding bill for the Department of Educa-
tion. appropriates
Amendment No. 71: Changes section number and approp
$9,000,000 to remain available for obligation
y out n part out untilHS eptptem er230, subpart
1988, as proposed by the Senate,
Title XIII of the Education Amendments of 1980 relating to the es-
tablishment of the General Daniel James Memorial Health Educa-
tion Center at the Tuskegee Institute in Alabama. There was no
funding for this purpose in the House resolution.
Amendment No. 72: Changes the section number by the Senropri-
ri
ates $5,000,000 for nursing research, as propo
The House bill contained no similar provision.
UNITED STATES COAST GUARD
HEALTH CARE RESPONSIBILITIES
Amendment No. 73: Reported in technical disagreement. The
managers
concur in the amendment of the Senate with an amendment as
and follows:
In - lieu of the section number 141 named in said amendment,
insert 143.
The managers on the part of the Senate will move to concur in
the amendment of the House to the amendment of the Sethenate Senate
Amendment No. 74: Inserts language proposed
that maintains the funding level at an annual rate of $7,600,000 for
the United States Travel and Tourism Administration within the
Department of Commerce, but deletes the Senate provision con-
cerning the numbers of offices and employees in foreign countries.
The conferees note that this provision is included in the sFY 1983 and Appropriations Bill fhRea Related Agencies (S. 2956) as reported to
State, the Judiciary and the Senate.
Amendment No. 75: Reported in technical disagreement. The
managers on the part of the House will move to recede and concur
in the Senate amendment with an amendment, as follows:
In lieu of the section- number named in said amendment, insert
145.
The managers on the part of the Senate will move to concur in
the amendment of the House to the amendment of the Senate.
The amendment of the Senate requires that government agencies
sub-
make loan commitments in the full amount provided by
ject only to the availability of qualified applicants and the limita-
tions contained in appropriation Acts.
Amendment No. 76: Reported in technical disagreement. The
managers
concur in the amendment of the Senate with an amendment das
and follows:
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tion numhr -4 named in said amendment,
In lieu of the !z-
insert 146. the part o: = Senate will move to concur in
The Managers t, lie House tr amendment of the Senate.
the amendment o', 1 ve agreed iz =guage proposed by the Senate
The conferees 1 20 days the - month moratorium on the issu-
which extends for home regu. --ns contained in Public Law 97-
ance of new nursit' -'
248. 77: Deletes y-=iage proposed by the Senate to
Amendment Ni` ary of Agri" ue with authority-to conduct
provide the Sect-0 of National System lands. The Managers
boundary surveys ' Bureau of r= Management has not met ade-
are aware that Oil ,ice land tin= --cation needs. The two agencies
quately Forest Sc,' 1 with trt 'sting Memorandum of Under-
are directed to c',`' tigers also z= he Authorizing Committees to
standing. The M.-I% As to give sorest Service authority to con-
address the prole` keys of Na - - Forest System lands. In the
duct boundary Pr'r.tions do me =eviate the Forest Service pro
will the above will address = adequate remedy in fiscal yeas'
lem,
1983.
URBAN `iASS TRANSP-= -TION ADMINISTRATION
aIMULA GRAS - -'PORTIONMENTS
78: Repor.== technical disagreement. The
Amendment N, ,art of the =e will offer a motion to recede
managers on thy' amendment = the Senate with an amendment
and concur in th'
as follows: ,tter insertP_ said amendment, insert the fol-
In lieu of the r`'
lowing: !,standing Or :her provision of this joint resolu-
SEC. 147. Note''' provision o' =i'? appropriations for urban and
tion or any oth' grants autr -mod by the Urban Mass Transpor-
nonurban forme' ' 149 U.S.C. , _ et seq.) shall be apportioned and
Cation Act of 1.q"., e from the decennial census for one-quarter ned
allocated using mated am remainder shall be apportioned
of the sums apt ' e basis of .:L:.-: from the 1980 decennial census.
and allocated o-+ n the part -f =e Senate will move to concur in
The manager ` the House r: -e amendment of the Senate. 1
the amendment 79: Insert _nguage proposed by the Senate
Amendment N, 100 to the P _ :"il rate provided by Section 101(a)
that adds $13,5! .ar the LAN- .T program, administered by the
of the resolution and AtmosS:t-c Administration within the De-
National Ocearrr`,,erce. the Senate
partment of Con)' 80: Insert _nguage proposed by
Amendment i\
;s follows:
amended to re:r~~ amounts aF ?riated to the Department of State
SEC. 149. Of ,)f "Contribi.---zs for International Peacekeeping
for the purpose, :.e than $50.. )00 shall be available for expenses
Activities" not ibutions to : _ nited Nations Transition Group,
necessary for o" ection 15(a the State Department Basic Au-
notwithstandbi, ?56 or any o-_~` provision of law: Provided, That
thorities Act o~ is shall be o~: ated or expended for contributions
none of these /+
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to the United Nations Transition Assistance Group unless the Presi-
dent determines and reports to the Congress that an internationally
acceptable agreement has been achieved among the parties to the
Namibia dispute concerning implementation of the United Nations
Security Council Resolution 435 for the independence of Namibia.
The conference agreement requires achievement of "an interna-
tionally acceptable" agreement among the parties to the Namibia
dispute instead of an "adequate" agreement as proposed by the
Senate.
Amendment No. 81: Appropriates $365,000 salaries and expenses
of the National Security Council as proposed by the Senate for the
President's Foreign Intelligence Advisory Board and the Presi-
dent's Intelligence Oversight Board.
Amendment No. 82: Transfers $5,200,000 from salaries -and ex-
penses of the National Endowment for the Humanities to "match-
ing grants" to be used for challenge grants as proposed by the
Senate, amended to change section number.
Amendment No. 83: Reported in disagreement.
Amendment No. 84: Appropriates $190,000 to carry out section 301
of the Native Hawaiians Study Commission Act to remain availa-
ble until expended instead of $200,000 as proposed by the Senate.
Amendment No. 85: Reported in technical disagreement. The
managers on the part of the House will offer a motion to recede
and concur in the amendment of the Senate. This amendment au-
thorized the Administration to regulate the entry of steel products
into this country.
Amendment No. 86: Reported in technical disagreement. The
managers on the part of the House will offer a motion to recede
and concur in the amendment of the Senate. This amendment pro-
vides that importation of steam will be duty free.
Amendment No. 87: Deletes language proposed by the Senate.
Amendment No. 88: Reported in technical disagreement. The
managers on the part of the House will offer a motion to recede
and concur in the Senate amendment with an amendment, as fol-
lows:
In lieu of section number 156 named in said amendment, insert
155.
The managers on the part of the Senate will move to concur in
the amendment of the House to the amendment of the Senate. .
The Senate amendment adds a new section to the joint resolution
providing for admittance of Tessie and Enrique Marfori into the
United States for permanent reisdence.
The conferees are agreed that very unusual circumstances exist
in this case and that the action of the conferees is not to be consid-
ered as a precedent for future consideration of private immigration
bills.
DEPARTMENT OF TRANSPORTATION
INTERSTATE TRANSFER GRANTS
Amendment No. 89: Reported in technical disagreement. The
managers on the part of the House will offer a motion to recede
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and concur in the amendment of the Senate with an amendment as
follows:
In lieu of the matter inserted by said amendment, insert the fol-
lowing:
SEC. 156. Notwithstanding any other provision of this joint resolu-
tion, there is appropriated $518,000,000, to remain available until
expended, for Department of Transportation Interstate Transfer
grants-Highways, and $365,000,000, to remain available until ex-
pended, for Department of Transportation Interstate transfer
grants-Transit: Provided, That allocations of these funds shall be
distributed in accordance with House Report 97-783 or Senate
Report 97567, whichever is higher.
The managers on the part of the Senate will move to concur in
the amendment of the House to the amendment of the Senate.
Amendment No. 90: Reported in technical disagreement. The
managers on the part of the House will offer a motion to recede
and concur in the amendment of the Senate with an amendment as
follows:
In lieu of the section number 158 named in said amendment,
insert 157 and in lieu of the section number 159 in said amend-
ment, insert 158.
The managers on the part of the Senate will move to concur in
the amendment of the House to the amendment of the Senate.
The conferees have agreed to language expressing the sense of
the Senate that (1) Congress should reject any proposal to impose a
means test on the Medicare programs, and (2) that October 10, 1982
be designated National Peace Day.
Amendment No. 91: Inserts language proposed by the Senate ex-
tending the construction deadline for financial adjustment factor
(FAF) eligible housing units from October 1, 1982, to January 1,
1983, and changes section number.
Amendment No. 92: Provides validating language identical to
language included last year in lieu of language proposed by the
Senate.
Amendment No. 93: Reported in technical disagreement. The
managers on the part of the House will offer a motion to recede
and concur in the amendment of the Senate with an amendment as
follows:
In lieu of the matter inserted by said amendment, insert the fol-
lowing:
SEC. 161. Section 2 of the International Coffee Agreement Act of
1980 (19 U.S.C. 1356k) is amended by striking out "October 1, 1982"
and inserting in lieu thereof "December 17, 1982"
The managers on the part of the Senate will move to concur in
the amendment of the House to the amendment of the Senate.
This amendment extends the expiration date of the International
Coffee Agreement Act from October 1, 1982 to the date of the expi-
ration of this joint resolution.
Amendment No. 94: Inserts new section as proposed by the
Senate specifying that amounts made available by section 101 for
continuing activities conducted in 1982 under the Comprehensive
Employment and Training Act of 1973 are also available to contin-
ue those activities under the provisions of S. 2036 as reported by
the Committee of Conference. S. 2036 is the new employment train-
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ing authorization bill; the conference report was filed on Septem-
ber 28.
Amendment No. 95: Deletes language proposed by the Senate
postponing the effective date of tenant rent contributions regula-
tions.
Amendment No. 96: Changes the section number and modifies
language proposed by the Senate to read as follows: None of the
funds provided in this joint resolution shall be used to implement
an apportionment and staffing plan to specifically phase down the
Public Health Service Commissioned Corps. -
No similar provision was included in the House bill.
The conferees have agreed to a limitation on the use of funds
provided by this continuing resolution which prohibits the execu-
tive branch from taking any actions which are specifically designed
to reduce the size of the Commissioned Corps of the Public Health
Service. The conferees are agreed that this limitation does not re-
strict the authority of the Secretary of the Department of Health
and Human Services to make reductions in the size of the Corps
which he determines to be in the best interest of the Public Health
Service.
Amendment No. 97: Extends availability of funds provided for
the President's Commission for the Study of Ethical Problems in
Medicine and Biomedical and Behavioral Research in the Urgent
Supplemental Appropriations Act until December 31, 1982,.instead
of March 31, 1983, as proposed by the Senate, and changes the sec-
tion number. The House bill contains no similar provision.
Amendment No. 98: Inserts Senate housekeeping item language
regarding certain telephone mileage charges.
Amendment No. 99: Inserts language proposed by the Senate to
prohibit studies of "market rate" pricing of hydroelectric power by
the six Federal public power authorities or other agencies or au-
thorities of the Federal government. The language is in no way in-
tended to affect specific case-by-case rate reviews that are required
to be conducted by the Federal Energy Regulatory Commission
under existing statutes and changes section number.
Amendment No. 100: Reported in technical disagreement. The
managers on the part of the House will offer a motion to recede
and concur in the amendment of the Senate with an amendment as
follows:
In lieu of the matter inserted by said amendment, insert the fol-
lowing:
SEC. 167. Section 508 of the Airport and Airway Improvement Act
of 1982 is amended by adding at the end thereof the following new
subseciton:
"(e) USE OF CERTAIN APPORTIONED FUNDS FOR DISCRETIONARY
PURPOSES.-(1) Subject to paragraphs (2) and (3), if the Secretary de-
termines, based upon notice provided under section 509(e), or other-
wise that any of the amounts apportioned under section 507(a) will
not be obligated during a fiscal year, the Secretary may obligate
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during such fiscal year an amount equal to such amounts at his
discretion for any of the purposes for which funds are made availa-
ble under section 505.
"(2) The Secretary may make obligations in accordance with para-
graph (1) only if the Secretary determines that the total of obliga-
tions for such fiscal year for purposes of section 505 will not exceed
the amount authorized for such fiscal year under section 505(a) and
if the Secretary determines that sufficient amounts are authorized
under section 505(a) for later fiscal years for obligation for such ap-
portioned amounts which were not obligated during such. fiscal year
and which remain available under section 508(a).
"(3) For the purposes of carrying out this subsection-
"(A) None of the funds provided in the joint resolution pro-
viding continuing appropriations for the fiscal year 1983 shall
be available for the planning or execution of programs and com-
mitments for which are in excess of $1,050,000,000 for the two
fiscal years ending prior to October 1, 1983, for grant-in-aid for
airport planning, noise compatibility planning and programs,
and development; and
"(B) Section 506(e)(4) of this Act shall not in any manner
whatsoever impair the imitation established by this para-
graph. "
The managers on the part of the Senate will move to concur in
the amendment of the House to the amendment of the Senate.
The conferees direct that any carryover fiscal year 1982 contract
authority be obligated during October 1982.
JAMIE L. WHITTEN,
EDWARD P. BOLAND,
-WILLIAM H. NATCHER,
NEAL SMITH,
JOSEPH P. ADDABBO,
CLARENCE D. LONG,
SIDNEY R. YATES,
EDWARD R. ROYBAL,
TOM BEVILL,
Bo GINN,
WILLIAM LEHMAN,
JULIAN G. DIXON,
Vic FAZIO,
SILVIO O. CONTE,
JOSEPH M. MCDADE,
JACK EDWARDS,
JOHN T. MYERS
(except amendment No.
88),
J. KENNETH ROBINSON,
CLARENCE E.'MILLER
(except amendments
Nos. 29 and 30),
LAWRENCE COUGHLIN,
Managers on the Part of the House.
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MARK 0. HATFIELD,
TED STEVENS,
LOWELL P. WEICKER, Jr.,
JAMES A. MCCLURE,
PAUL LAXALT,
JAKE GARN,
HARRISON SCHMITT,
THAD COCHRAN,
MARK ANDREWS,
JAMES ABDNOR,
ROBERT W. KASTEN,
ALFONSE M. D'AMATO,
MACK MATTINGLY,
WARREN RUDMAN,
ARLEN SPECTER,
WILLIAM PROXMIRE,
JOHN C. STENNIS,
DANIEL K. INOUYE,
ERNEST F. HOLLINGS,
TOM EAGLETON,
LAWTON CHILES,
J. BENNETT JOHNSTON,
WALTER D. HUDDLESTON
(except amendment No.
95),
QUENTIN BURDICK,
PACTRICK J. LEAHY,
JIM SASSER,
DENNIS.DECONCINI,
DALE BUMPERS,
Managers on the Part of the Senate.
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