CONTINUING APPROPRIATIONS 1983

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85M01133R000100140010-3
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 23
• Document Creation Date: December 21, 2016
• Document Release Date: September 12, 2008
• Sequence Number: 10
• Publication Date: January 1, 1983
• Content Type: REPORT

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Calendar No. 850
97TH CONGRESS 11 SENATE REPORT
2d I
Session ~ No. 97-581
CONTINUING APPROPRIATIONS, 1983
SrprEmBEP 23 (legislative day, Sam mp, 8), 1982.-Ordered to be printed
Mr. HATFmn, from the Committee on Appropriations,
submitted the following
REPORT
[To accompany HJ. Res. 599]
The Committee on Appropriations, to which was referred the resolu-
tion (H.J. Res. 599) making continuing appropriations for the fiscal year
1983, and for other purposes, reports the same to the Senate with
various amendments and with the recommendation that the joint resolu-
tion be passed.
PURPOSE OF THE CONTINUING RESOLUTION
The continuing resolution is a stop-gap funding measure to maintain
the ongoing operations of the Government in the absence of the timely
enactment of regular appropriations bills. This measure is not a sub-
stitute for a regular appropriations bill. It is designed only as a tem-
porary means of allowing Congress additional time to complete its work
on the regular 13 appropriations bills.
The Committee has recommended that the duration of coverage of
the joint resolution be changed from December 15, 1982, to Decem-
ber 22, 1982. This necessitates a "lame duck" session of this Congress,
but the Committee believes that this time is required if significant prog-
ress is to be made in passing each of the regular appropriations bills.
The Committee continues to be concerned over the apparent inability
of the Congress to consider and pass appropriations bills on a timely
basis. There are many reasons for the increasing delays imposed on the
appropriations process. The most significant of these has been the very
late adoption of the First Concurrent Budget Resolution for Fiscal Year
1983. Since appropriations measures cannot be considered in the House
or the Senate until after that measure is agreed to, the entire appropria-
tions process was held up.
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To compensate for the delays in the appropriations process, this
Committee, reluctantly, has had to consider and report original Senate
appropriations bills, rather than following the tradition of taking action
only on House-passed bills. Despite this effort, none of the 13 regular
appropriations bills has yet been enacted into law and, indeed, because
of other pressing legislation, no appropriations bill has passed the Sen-
ate. While it is hoped that much progress on these measures can be
made in the little time remaining before the end of this fiscal year, the
Committee had no choice but to include all the bills under the coverage
of the continuing resolution.
INTERPRETATION OF THE Jor r RESOLUTION
The basic intent of the resolution is to provide a basic level of fund-
ing to maintain existing operations and activities until such time as the
regular appropriations bill covering these programs can be enacted into
law. For this reason, the resolution employs terms such as "current
rate" and "current operating level." It is imperative that these terms not
be misinterpreted since precipitous program changes during the dura-
tion of the continuing resolution could foreclose or unduly constrict the
scope of decisions which Congress has yet to make on the regular ap-
propriations bills.
Various sections of the continuing resolution refer to a "rate for oper-
ations of the current rate." In many cases, the total appropriation for
fiscal year 1982, including supplementals, will serve as the basis for de-
termining the current rate. However, some programs for which appro-
priations were made on a multiyear basis in prior years had available in
fiscal year 1982 unobligated balances in addition to the amount ap-
propriated. Since the purpose of a continuing resolution is to maintain
ongoing programs at current funding levels until the Congress has an
opportunity to act on the regular appropriation requests, under the
resolution the term "current rate" must be construed so that the
amount available for obligation for a program under the resolution will
be as much as, but not exceed, the amount available for obligation dur-
ing fiscal year 1982. To achieve this result with respect to multiyear or
no-year appropriations, unobligated balances carried over into fiscal
year 1982 from prior years must be added to appropriations for fiscal
year 1982 in calculating the current rate. Similarly, unobligated balances
carried over from fiscal year 1982 to fiscal year 1983 must be deducted
from the current rate in calculating the amount considered to be ap-
propriated for a program in fiscal year 1983 by this resolution.
The Committee notes that where programs-were authorized to begin
operations or to expand during fiscal year 1982, it is likely that the cost
of operating the program for a full year at the funding level achieved at
the end of fiscal year 1982 would exceed the total appropriation for the
program in that year. Similarly, where the Congress has required pro-
grams to contract during fiscal year 1982, the cost of operating the
program for a full year at the reduced funding level in existence at the
end of fiscal year 1982 would be less than the total appropriation made
for that year. Therefore, the current rate should be construed to main-
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tain year-end program funding levels, except where Congress had ex-
,)ressed a contrary intent with respect to specific programs.
The term "current operating levels" is similar to that of "current
rate" but is based on program performance rather than on overall fund-
ing levels. The principal effect of this difference is felt in programs in
which the cost of operations increase or decrease from the previous
year. As an example, where the per-participant cost of a feeding pro-
gram has increased from fiscal year 1982 to fiscal year 1983, that ac-
tivity, under the "current operating level" formulation, would be main-
tained for the number of participants previously served. Under the "cur-
rent rate" formulation, the number of participants would have to be
reduced so as to hold costs to that which was available in the previous
fiscal year.
In adopting current operating level language, the Committee wishes
to make clear that this terminology should not be interpreted to require
reduction in ongoing program activity or staffing levels that the Con-
gress has approved for the preceding fiscal year. The Committee also
wishes to make clear that current operating levels shall not be inter-
preted to reduce fiscal 1983 funding because agencies have failed to
build up program activity, including staffing, to the levels prescribed by
Congress in fiscal 1982.
The Committee is very concerned over the failure of the administra-
tion to make timely and appropriate apportionment of funds under the
continuing resolution of last year. Specifically those programs which are
administered through the States, local units of government, and private
contractors are very sensitive to funding disruptions and uncertainty. In
the case of the low-income epergy assistance program and the special
supplemental food program for women, infants, and children, seasonal
and end-of-year caseload demand were not taken into consideration by
the executive branch. Another program about which the Committee is
concerned is the Economic Development Administration. The Commit-
tee notes that both the House and Senate Commerce, Justice, and State,
the Judiciary, and Related Agencies Appropriation bills for fiscal year
1983 recommend $130,000,000 for EDA public works grants. The Com-
mittee intends that EDA commit the funds available ($22,000,000) un-
der the terms of this resolution during the period covered by this reso-
lution. This Committee intends to closely monitor the apportionment of
funds under this continuing resolution to assure that programs are
adequately financed.
The Committee also notes that where the joint resolution refers to
the lower of the House or Senate level, except for the special provision
for projects and activities under the Military Construction appropriation
bill, this comparison is made at the account level and not between com-
ponent activities of individual accounts. As a consequence, the overall
funding level for an individual appropriation account will usually ex-
ceed the sum of the lower of what the House and the Senate provided
for each component part of that account. The administration is, there-
fore, directed to consult with the Appropriations Committees of the
House and Senate to assure that decisions on funding these component
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activities preserve congressional flexibility in making later decisions on
the regular appropriations bills, as well as adequately fund the indi-
vidual activities within the account.
SUMMARY
The recommended continuing resolution provides funding for all 13
regular appropriations bills. The resolution is written in the same basic
format as has been the case in recent years.
Section 101(a) provides continuing authority for five appropriations
bills: Agriculture; Commerce, Justice, State, and the Judiciary; District
of Columbia; Transportation; and Treasury, Postal Service, and General
Government.
Under this section, when a bill has only been acted upon by only one
House as of October 1, 1982, the rate of operation is the rate in that
bill or the current rate, whichever is lower. When there is a House bill
and a Senate bill, the rate of operations is the lower of the provision
made in the House bill or the Senate bill. If a program is provided for
by a bill in only one body, the program is continued at the lower of the
current rate or the rate provided by the bill of the one body.
The Labor, Health and Human Services and Education appropria-
tions bill and the Interior appropriations bill are continued at the cur-
rent operating level, as provided in section 101(b).
The Foreign Operations (sec. 101(d)) and the Energy-Water Develop-
ment (sec. 101(h)) appropriations bills are maintained at the current
rate. The Department of Defense (sec. 101(c)), Legislative Branch (sec.
101(e)), and the Housing and Urban Development (sec. 101(g)) ap-
propriations bills are provided for at the Senate reported levels.
As discussed elsewhere in the report, the Military Construction ap-
propriations bill activities are funded at the lower of the House or
Senate action on each project (sec. 101(f)).
DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, EDUCATION AND
RELATED AGENcIEs
The Committee, in agreeing to the provision in the House-passed
resolution for continuing activities under the Department of Labor,
Health and Human Services, Education and Related Agencies, based on
current operating levels, as defined in this report, intends that such
levels reflect all supplementals enacted in fiscal year 1982 (Public Law
97-147: Public Law 97-148; Public Law 97-216; and Public Law 97-
257), as well as amounts appropriated in Public Law 97-92, the fiscal
year 1982 continuing resolution.
For State Employment Service offices, the terms of this continuing
resolution are intended to provide the level of 24,800 staff approved for
fiscal year 1982.
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MILITARY CONSTRUCTION
The Committee recommends an amendment to section 101(f) to pro-
vide continuing authority for programs under the military construction
bill as passed by the House on August 19, 1982 and as reported to the
Senate on September 22, 1982. The provision allows any program not
in direct disagreement between the two bills to be continued at the
lesser amount or the more restrictive authority.
DEPARTMENT OF DEFENSE
The Committee recommends a revision of section 101(c) to continue
the activities of the Department of Defense at the Senate reported bill
level.
DEPARTMENT OF HOUSING AND URBAN, DEVELOPMENT
The Committee recommends a new section 101(g) to continue proj-
ects and activities funded under the Housing and Urban Development-
Independent Agencies Appropriations Act, 1983, at the levels estab-
lished in the bill as reported to the Senate on September 16, 1982
(S. Rept. 97-549).
ENERGY AND WATER DEVELOPMENT
The Committee recommends that projects and activities which would
otherwise be provided for under the Energy-Water Development Ap-
propriations Act, 1983, be continued at the rate for operations existing
in fiscal year 1982.
The Committee has included a provision that prohibits the initiation
or resumption of any project or activity which was not funded in fiscal
year 1982 in order that the Congress may have the opportunity to fully
consider new initiatives proposed for 1983.
The joint resolution recommended to the Senate includes language in-
tended to insure that normal operation and maintenance activities of
the Corps of Engineers civil works projects continue and are not sig-
nificantly changed prior to congressional action on the fiscal year 1983
Energy and Water Development appropriations bill.
The Committee has included an additional proviso directing the De-
partment of Energy to make no significant personnel adjustments from
the September 30, 1982 staffing levels. Specifically the Committee ex-
pects the Department to maintain, to the extent practicable, current em-
ployment levels for solar and renewable energy programs and for ac-
tivities at the national laboratories.
PACIFIC BASIN
The Committee continues to be very interested in the Department's
developing a comprehensive approach to its unique Federal responsi-
bility for the Pacific Basin region, based on our treaty obligations. The
Committee hopes that such a plan will be developed during this fiscal
year and that the Department will report on its recommendations dur-
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6
ing its forthcoming budgetary testimony. The Committee would espe-
cially be interested in learning whether the area health education
centers program might be an appropriate mechanism. duration
OFFICE FOR MEDICAL APPLICATIONS OF RESEARCH
During its deliberations on the fiscal year 1982 continuing resolution,
the Committee urged the Assistant Secretary of Health to address the
many complex issues surrounding the question of appropriate and of
ficacious delivery and reimbursement of mental health services under
medicare/medicaid, as well as private insurance plans. The Committee
now understands that the Office of Medical Applications of Research
(OMAR) with proper consultation with ADAMHA
the
appro-
priate body to develop a state of the art consensus paper on this most after.
Given the major cost-savings implications matter.
involved, the Committee
e
urges OMAR and ADAMHA to give this matter priority during this fis-
cal year.
NATIONAL INSTTrU'rFS OF HEALTH
In adopting the House language to maintain the current operating
level for Labor-HHS-Education, the Committee finds that the effect is
to increase funding for the National Institutes of Health by $205,510,-
000 over the fiscal 1983 budget request for NIH. With the increase
provided by the current' operating level language, funding for the continuing resolution totals at least $3,954,281,000. or NIH
allow NIH, among other matters, to fund the same level of Also, This will
competing research grants and training slots as in new and
increased funding level will g fiscal 1982. Also, the
permit NIH to fund indirect costs of
research at the full level negotiated with colleges, universities and other
research facilities. Sufficient funds are provided to enable the division
of research resources to support the same number of general clinical
research centers as in fiscal 1982. Of the increased funds provided to
the division of research resources, $500,000 shall be provided in fiscal
1983 to provide support to the New Mexico State University chim-
panzee colony to improve facilities there to maintain a nucleus of about
60 animals for use in biomedical research and to produce additional
animals.
ALCOHOL, DRUG ABUSE AND MENTAL HEALTH ADMINISTRATION
It is the Committee's intent that under this continuing resolution
amount provided for clinical training the
programs under the Alcohol,
Drug Abuse and Mental Health Administration (ADAMHA) the level appropriated in fiscal 1982. ) be at
EDUCATION FOR THE HANDICAPPED
The Committee wishes to emphasize that funds made available in this
continuing resolution under the authority of section 625 of the Edu-
cation of the Handicapped Act for regional ostsec
the deaf will be awarded in fiscal year 1983 on a competitive bs, as
proposed by the Department of Education.
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It is the Committee's intention that at the level provided by this joint
resolution in the four institutions participating in the program will re-
main the same as the previous year and that at least the same amount
of money will be spent on the four awards that are made. The competi-
tive award of these funds will enable all eligible institutions to have an
equal opportunity to benefit from this program.
STUDENT FINANCIAL ASSISTANCE
The Committee has been advised of possible discrepancies among
some States in the allocation of funds for college work study, national
direct student loan and the supplemental education opportunity grant
programs. In comparing allocations to States of relatively equal student
populations, per capita income and State population, significant dis-
crepancies may exist in the campus-based allocations. Taking into ac-
count the differences in total cost of education, discrepancies may still
be apparent. Therefore, the Committee directs the Secretary of Educa-
tion to undertake a comparative study of the allocation formula and the
actual dollar allocation in these programs and to report to the Com-
mittee his findings and recommendations for correcting any inequities
in time for consideration of this matter at the fiscal 1984 Labor-HHS-
Education hearings.
PAY CAP FOR FEDERAL BLUE-COLLAR WORKERS
Section 110 as proposed in the House-passed bill would cap the
pay of Federal blue-collar workers at 4 percent for next year. The Com-
mittee recommends that this provision be deleted.
FOREIGN OPERATIONS
For those activities and programs which would be funded by the
Foreign Assistance and Related Programs Appropriations bill for fiscal
year 1983, the Committee is recommending a level of funding at the
current rate of operation. The Committee is recommending this formula
for foreign assistance in order to preserve a number of congressional ini-
tiatives which were enacted in fiscal year 1982 and would be lost under
the fiscal year 1983 budget request.
The Committee is recommending deletion of the House-passed sec-
tion 118, a House provision which would mandate continuation of an
Agency for International Development contract with Boston University
dealing with a regional health delivery project in West Africa. While
the Committee makes no judgment with respect to this particular proj-
ect, it does not believe it is appropriate to mandate continuation of a
particular contract in a continuing resolution.
The Committee is recommending new language, section 124, which
would allow the administration to redistribute the amounts available un-
der this continuing resolution for the multilateral development banks.
Without this language, some of those multilateral development banks
would receive funds in excess of negotiated levels, while others would
receive far less than is required.
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LEGISLATIvE BRANCH
Section 101(e) of the resolution funds the activities provided for in
the Legislative Branch Appropriations Act at the rate and under the
conditions as provided in S. 2939, the Legislative Branch Appropri-
ations Act, 1983, as reported to the Senate on September 22, 1982.
Section 106. The Supplemental Appropriations Act of 1982, author-
ized the Director of the Federal Bureau of Investigation to establish
and set fees for the processing of fingerprint identification records for
noncriminal employment and licensing services. Under the provisions of
that act, these fees shall offset the costs of processing requests from
these agencies; however, expenditures must be authorized in an annual
appropriation act. Therefore, the Committee has recommended in sec-
tion 106 that not to exceed $13,500,000 from fees collected may be
available for salaries -and other expenses incurred in providing this
service.
Section 109. The Committee has included language that provides that
surplus Federal lands and properties will not be disposed of until cer-
tain procedural requirements are met, including a public review and
comment opportunity and a congressional notificaton is made. The
purpose of this language, which essentially reaffirms earlier commit-
ments by the administration, is to reassure the public that the surplus
lands disposal process will be conducted in a responsible and open
manner.
The Committee recommends deletion of the House-passed section
111 which would have limited General Services Administration standard
level user charges for space rent to what was charged in fiscal year
1982.
The Committee recommends a modification in the House-passed sec-
tion 112 which would provide a permanent indefinite appropriation for
the national defense stockpile transaction fund. The recommended
changes maintains the current practices of annual appropriations for this
account.
The Committee recommends deletion of the House-passed section
114 which establish restrictions on the use of funds for the District of
Columbia statehood constitutional convention initiative.
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Section 114. The Federal Courts Improvement Act of 1982, Public
Law 97-164, approved April 21, 1982, created a new Court of Appeals
for the Federal Circuit effective October 1, 1982, through a merger of
the Court of Claims and the Court of Customs and Patent Appeals.
Section 114, provides an appropriation at an annual rate of $4,146,000
for this new court.
SMITHSONIAN rNS'IT!'UTION
Section 115. The Committee recommends a proviso to the House lan-
guage appropriating $36,500,000 for construction activities of the Smith-
sonian Institution. The language would prohibit obligation of the funds
until the total required non-Federal match is on hand.
SMALL BUSINESS DEVELOPMENT CENTER
Section 117. For the Small Business Development Center program,
the Committee recommends language which assures that the SBDC
program will be continued at least at the fiscal year 1982 level, which is
$11,000,000. The House has provided a level of $14,000,000.
Section 118. The Committee also adopted a series of amendments
designed to restrict certain activities by Legal Services Corporation and
its grantees. These amendments are identical to those approved by the
Committee last year. These restrictions were adopted to provide more
strict and specific guidance in the operation of the Legal Services Cor-
poration and grantee programs.
The first restriction clarifies the ability of the Corporation to expend
funds to represent aliens. Currently, the Corporation is prohibited from
representing known illegal aliens, a restriction which has proven ineffec-
tive in practice. This Committee amendment prohibits the Corporation
from expending money to represent any aliens, except those who fall
into the specific categories set forth in this section.
Another provision also requires that, in making grants or entering
into contracts for legal assistance, the Legal Services Corporation shall
insure that any recipient organized primarily for the purpose of pro-
viding legal assistance to eligible clients be governed by a body which
meets the criteria established in this provision.
The restriction will assure that a local recipient's board of directors
reflects the composition of attorneys who practice in the locality served
by the recipient. Sixty percent of the members of the boards of direc-
tors must be attorneys admitted to practice in the State in which the
legal assistance is to be provided, and must be appointed by the govern-
ing bodies of the State, county, or municipal bar association whose
members represent a majority of the attorneys practicing law in the
locality where the recipient is to provide legal assistance.
In determining the majority bar association(s) in the service area, the
Corporation could decide that no one local bar association represented
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the majority of attorneys in that service area-for example, a multi-
county service area-and that several bar associations-one from each
county-could collectively appoint members to the local board, State
bars would also likely play a role in the appointment process.
The Committee, however, considered and rejected a proposal that
would have allowed any bar association representing attorneys prac-
ticing in the service area to appoint the board members specified in this
amendment.
The Committee recognizes the practical difficulties involved in im-
mediate compliance with this restriction. The Committee urges the
Legal Services Corporation to work with bar associations, grantees, and
others in the orderly and expeditious implementation of this provision.
The Corporation is expected to impose grant conditions, develop regula-
tions or take other appropriate action to assist grantees in meeting this
requirement. Local grantees shall expeditiously submit a plan to the
Corporation which outlines its proposed efforts to comply with this
provision. Submission of the compliance plan should be viewed as a
good faith effort by the grantee to comply; failure to submit a plan
should not. The Committee further expects the Corporation to carefully
monitor the efforts of local grantee organizations to implement their
compliance plans, and to report thereon to the Committee.
Furthermore, none of the funds appropriated may be spent by any
recipient on lobbying activities. The Committee believes that these ac-
tivities take away time and attention from the central goal of the Cor-
poration: to assist eligible clients with legal matters on an individual
basis. The Committee recognizes that there may be occasions when
legal assistance to an eligible client requires representation on behalf of
the client before an agency, to resolve a specific claim directly involving
the client's legal rights and responsibilities. Accordingly, the Committee
has provided an exception to the general restriction to cover these spe-
cific instances. The Committee also recognizes that an individual legis-
lator may seek information from a Legal Services employee, and the
bill provides that recipients can respond to such requests, provided they
are formally made. This ability to respond to formal requests means
that the Corporation or its grantees can respond only to the person who
made the formal request. It is not an authorization to communicate to
other officials, nor does the Committee intend that an elected official
can authorize the Corporation to communicate with other elected offi-
cials.
Finally, the Committee amendment provides that no funds appro-
priated under this joint resolution may be used to bring a class action
against the Federal Government or any State or local government un-
less such action is brought in accordance with policies or regulations
adopted by the Board of the Corporation. Currently, local agency
boards can authorize class action suits; this amendment will require that
the Board of Directors of the Corporation itself regulate class action
suits against other governmental bodies, through issuance of policies or
regulations. This prohibition assures that recipients must conform to
Corporation regulations in bringing class actions against the Govern-
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ment with these Federal funds. The Committee believes this will guard
gainst the misuse of such actions while permitting their use in ap-
propriate cases and thereby enhance the efficient and productive use of
these funds.
The Committee recommends deletion of the House-passed section
124 which would provide for a procedure in which Federal employee
pay could be reduced to repay individually determined debts to the
Federal Government. The Committee agrees that such debts should be
repaid, however, since the procedure of collecting such debts is the sub-
ject of pending legislation, this provision is recommended for deletion
without prejudice.
Section 120. The Committee recommendation includes language pro-
viding that within the amounts available to the U.S. Information
Agency for "Salaries and expenses", $80,886,000 shall be available for
Fulbright fellowships and the international visitor program; $3,147,000
shall be available for the Humphrey fellowship program; and $8,630,-
000 shall be available for the private sector program. The Committee
recommendation does not increase the total amount available to USIA;
but clarifies the amounts available for these exchange of person activ-
ities as provided by the recently enacted State Department Authoriza-
tion Act, fiscal years 1982 and 1983.
The Committee recommends a new section numbered 123 which
specifies that the funding level for the special supplemental food pro-
gram for women, infants, and children (WIC) be at the Senate reported
level of $1,060,000,000.
Section 125. This section provides for the continuation of the Fed-
eral-aid highway program existing authorization and funding levels.
Subsequent enactment of the authorizing legislation will supersede this
provision.
Section 126. This section terminates the 406 program while providing
continuing payments to air carriers.
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DOD
Section 127. Absent the conventional method of implementing bonus
authorization, the Committee has recommended a provision extending
the authorization of military bonuses 6 months beyond the scheduled
expiration date of September 30, 1982. Because the enlistment and reen-
listment bonus programs have had major positive impact on recruitment
and retention, the Committee favors the continuation of the requisite
authorization.
TITLE V OLDER AMERICANS ACT
Section 128. The Committee recommends a total amount of
$296,500,000 be appropriated for community service employment for
older Americans, the full amount authorized. This is an increase of
$19,400,000 over the amount appropriated in fiscal year 1982, and will
support an estimated 58,000 part-time jobs for unemployed, low-income
persons aged 55 and over, compared to 54,200 individuals currently
being served. As required by law, this program is forward funded, with
fiscal 1983 appropriations provided for the period from July 1, 1983,
through June 30, 1984.
Bill language has also been included to maintain the existing split of
funds between national contractors and State and local governments at
78 percent and 22 percent respectively.
CDC CHI DHOOD IMMUNIZATION
Section 129. The Committee recommends a total amount of $39,000,-
000 be appropriated for the childhood immunization program, of which
$32,000,000 will support the grants program and $7,000,000 will fund
CDC's direct operations, activities which support a national program of
disease surveillance, technical assistance to State and local health agen-
cies and applied research to determine the efficiency and appropriate
use of vaccines. This level is $4,400,000 more than the fiscal 1982 level,
and $10,000,000 more than the fiscal year 1983 budget request.
The Committee is providing the maximum amount allowable under
law for grants, and in so doing recognizes the childhood immunization
program as one of the most cost-effective disease prevention programs
funded by the Federal Government. The funds will enable the con-
tinued strong effort on the part of the Federal and State and local
governments to immunize 10.8 million children annually.
HEALTH PLANNING
Section 130. The Committee has included a new provision funding
the health planning program for the duration of the continuing resolu-
tion and to set aside a provision of law which would unjustly penalize
States for not meeting certain criteria under the statute.
The total amount appropriated for fiscal year 1983 will be $64,432,-There
000 on an annualized basis, the same as the fiscal year level.
main-
tained concern that the current level for this program would not tained by the general language contained in the continuing resolution
and that no funding would be provided during 1983 unless specific lan-
....---.....
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planning program.
guage is added. In addition, this action is taken to insure that the pro-
gram continues while the authorizing committees, in both the Senate
and House, continue their work on legislation dealing with the health
agencies to continue to receive Federal funding through the life of the
continuing resolution while they attempt to comply with the various re-
quirements of the law which were changed by reconciliation. Under
present law, the agencies would be cut off beginning in December 1982
if they were considered not to be in compliance. Worse still, their States
would face the loss of 25 percent of all of the funds they are due from
the Public Health Service. Thus, in addition to maintaining the flow of
health planning funds to State agencies, the amendment puts off the 25-
percent penalty for the duration of this resolution. The Committee in-
tends to include identical language in the fiscal 1983 Labor-HHS ap-
propriations bill or, if necessary, in any extension of the continuing
resolution.
The Committee hopes the authorizing committees will do their part
in resolving these problems so that worthy health planning programs
can be continued.
Bill language is also included in order to permit State health planning
FAMILY MEDICINE
Section 131. The Committee has provided a total amount of $34,000,-
000 for family medicine residencies in fiscal 1983. The fiscal 1982 ap-
propriation for family medicine was $26,800,000. Thus, this recommen-
dation provides $7,200,000 more for the program than in fiscal 1982.
This program provides grants and contracts to hospitals and medical
schools to support residencies in family medicine. The program also
provides financial assistance to medical students who plan to practice
family medicine and assistance for grants to medical schools to strength-
en their teaching of family medicine.
The Committee believes that particular attention should be paid to
the need for medical residency training programs in primary care speci-
alties. This program also gives special funding preference to family
medicine programs which provide training opportunities in health per-
sonnel shortage areas.
The Committee strongly believes that there is a great need for the
services of the typical general practitioner in small towns and in rural
and underserved areas. According to the Institute of Medicine of the
National Academy of Sciences, 90 percent of health problems can be
handled by primary care practitioners, of which family doctors are a
Section 132. The Committee recommends a provision which provides
that the medicare contractor program shall operate at a total program
level of $829,000,000 in fiscal year 1983, including $45,000,000 appro-
priated by section 118 of the Tax Equity and Fiscal Responsibility Act
of 1982. Within this total program level, a minimum of $45,000,000
should be devoted to audit and medical review.
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Section 127. Absent the conventional method of implementing bonus
authorization, the Committee has recommended a provision extending
the authorization of military bonuses 6 months beyond the scheduled
expiration date of September 30, 1982. Because the enlistment and reen-
listment bonus programs have had major positive impact on recruitment
and retention, the Committee favors the continuation of the requisite
authorization.
TILE V OLDER AMERICANS ACT
Section 128. The Committee recommends a total amount of
$296,500,000 be appropriated for community service employment for
older Americans, the full amount authorized. This is an increase of
$19,400,000 over the amount appropriated in fiscal year 1982, and will
support an estimated 58,000 part-time jobs for unemployed, low-income
persons aged 55 and over, compared to 54,200 individuals currently
being served. As required by law, this program is forward funded, with
fiscal 1983 appropriations provided for the period from July 1, 1983,
through June 30, 1984.
Bill language has also been included to maintain the existing split of
funds between national contractors and State and local governments at
78 percent and 22 percent respectively.
CDC CHILDHOOD UY9AUNIZATION
Section 129. The Committee recommends a total amount of $39,000,-
000 be appropriated for the childhood immunization program, of which
$32,000,000 will support the grants program and $7,000,000 will fund
CDC's direct operations, activities which support a national program of
disease surveillance, technical assistance to State and local health agen-
cies and applied research to determine the efficiency and appropriate
use of vaccines. This level is $4,400,000 more than the fiscal 1982 level,
and $10,000,000 more than the fiscal year 1983 budget request.
The Committee is providing the maximum amount allowable under
law for grants, and in so doing recognizes the childhood immunization
program as one of the most cost-effective disease prevention programs
funded by the Federal Government. The funds will enable the con-
tinued strong effort on the part of the Federal and State and local
governments to immunize 10.8 million children annually.
Section 130. The Committee has included a new provision funding
the health planning program for the duration of the continuing resolu-
tion and to set aside a provision of law which would unjustly penalize
States for not meeting certain criteria under the statute.
The total amount appropriated for fiscal year 1983 will be $64,432,-
000 on an annualized basis, the same as the fiscal year 1982 level. There
was concern that the current level for this program would not be main-
tained by the general language contained in the continuing resolution
and that no funding would be provided during 1983 unless specific lan-
----- --- -------------------
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---------------- -- -- --------- -- ---------- -----------------
I 1: 7.
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guage is added. In addition, this action is taken to insure that the pro-
gram continues while the authorizing committees, in both the Senate
and House, continue their work on legislation dealing with the health
planning program.
Bill language is also included in order to permit State health planning
agencies to continue to receive Federal funding through the life of the
continuing resolution while they attempt to comply with the various re-
quirements of the law which were changed by reconciliation. Under
present law, the agencies would be cut off beginning in December 1982
if they were considered not to be in compliance. Worse still, their States
would face the loss of 25 percent of all of the funds they are due from
the Public Health Service. Thus, in addition to maintaining the flow of
health planning funds to State agencies, the amendment puts off the 25-
percent penalty for the duration of this resolution. The Committee in-
tends to include identical language in the fiscal 1983 Labor-HHS ap-
propriations bill or, if necessary, in any extension of the continuing
resolution.
The Committee hopes the authorizing committees will do their part
in resolving these problems so that worthy health planning programs
can be continued.
FAMILY MEDICINE
Section 131. The Committee has provided a total amount of $34,000,-
000 for family medicine residencies in fiscal 1983. The fiscal 1982 ap-
propriation for family medicine was $26,800,000. Thus, this recommen-
dation provides $7,200,000 more for the program than in fiscal 1982.
This program provides grants and contracts to hospitals and medical
schools to support residencies in family medicine. The program also
provides financial assistance to medical students who plan to practice
family medicine and assistance for grants to medical schools to strength-
en their teaching of family medicine.
The Committee believes that particular attention should be paid to
the need for medical residency training programs in primary care speci-
alties. This program also gives special funding preference to family
medicine programs which provide training opportunities in health per-
sonnel shortage areas.
The Committee strongly believes that there is a great need for the
services of the typical general practitioner in small towns and in rural
and underserved areas. According to the Institute of Medicine of the
National Academy of Sciences, 90 percent of health problems can be
handled by primary care practitioners, of which family doctors are a
p-
MEDICARE CONTRACTORS
Section 132. The Committee recommends a provision which provides
that the medicare contractor program shall operate at a total program
level of $829,000,000 in fiscal year 1983, including $45,000,000 appro-
priated by section 118 of the Tax Equity and Fiscal Responsibility Act
of 1982. Within this total program level, a minimum of $45,000,000
should be devoted to audit and medical review.
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The 1983 program level represents an increase of $118,000,000 Overr
the 1982 level. The increase will provide for costs associated with
higher volume of workload and inflation in basic operating costs and al-
low for productivity investments that will yield future savings in claims
processing operations.
soae SECURrrY CLAIMS
Section 133. On July 27, 1982, the U.S. Court of Appeals for the
District of Columbia Circuit, in Connecticut v. Schweiker, decided that
the United States remained liable for the payment of $382,000,000
asserted by the States and arising from their participation in the
claims AFDC, medicaid, social services, and related or predecessor programs
which the States received Federal financial assistance from
through
Department of Health and Human Services (HHS) under various t les
of the Social Security Act. Many of these claims, although presented
the first time in 1980 and 1981, are extremely old, in one case going
back nearly 30 years to expenditures incurred that they had not 1954. fiHHS led been
had refused to process them on the gr nation laws.
within time limits established by the 1981 appropriation
uate
The Committee is advised that the court in its ruling gave identical
weight to effect on these claims of language that appears in
form in both the House and Senate versions of the Labor-HHS-Educa-
tion appropriation bill, H.R. 4560, as incorporated by reference into the
last continuing resolution for fiscal year 1982, Public Law
96-
language reads: section 306 of Public Law 96-
Sec. [208] 207. Notwithstanding Act, no payment shall be
272 or section 1132 of the Social Security to reimburse State or lo-
cal from this or any other appropriation
cal expenditures made prior to October 1, 1978, under title I, IV,
X, XIV, XVI, XIX, or XX of the Social Security Act unless a re-
quest for reimbursement had been officially transmitted to the
Federal Government by the State within 1 year after the fiscal year
in which the expenditure occurred.
The Committee recommends this section of the bill to clarify the con-
gressional intent, as expressed in the quoted language, that the claims in
question are to be paid only if they had been formally filed with HHS
within 1 year after the fiscal year in which the expenditure occurred.
a claim does not meet this criterion, it is to be permanently extin-
guished. RUNAWAY AND HOMELESS YOUTH
Section 134. The Committee has included a new section tcre
the appropriation from $10,514,000 to a total amount of $18,oiO
fiscal 1983 for the Runaway and Homeless Youth Act. The new funds
will be used to fund about 25 new programs in unserved funds will communities
and to strengthen many of the 166 existing grantees.
rather such services
spent on national training and technical assistance,
shall be provided on a State-by-State basis. Networking grants shall be
on a State-by-State serving agencies of their status as11RHYAa grantees.
runaway sergagencies
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No funds will be spent for interstate travel by RHYA grantee staff ex-
cept to assist runaways and their families directly. Demonstrations for
reuniting and strengthening families, including those headed by a single
parent, promoting independent living for 17-year-olds who cannot re-
turn home, combating juvenile prostitution and developing detached
youth work to reach runaway youth initially unwilling to go to a run-
away center shall be funded. The Department of Health and Human
Services shall continue to support the national runaway switchboard in-
cluding the agency information service.
COMMUNrrY SERVICES BLOCK GRANT
Section 135. The Committee has a provision which continues the re-
quirement in current law that no more than 10 percent of the funds ap-
propriated and allotted to States under section 674 of the Community
Services Block Grant Act shall be used for purposes other than to make
grants to eligible entities as defined in section 673(1) of the act or to
seasonal and migrant farmworker organizations or to designated limited
purpose agencies which meet the requirements of section 673(1) of the
act. This provision is intended to clearly indicate the purpose for which
the funds may be used. The Committee expects the Secretary to imple-
ment and enforce this provision through the certifications and assur-
ances required by the Community Services Block Grant Act. It is the
intent of the Committee that the current pass-through of funds to States
to existing community action agencies be maintained in 1983. However,
the Committee anticipates States will be fully capable of assuming com-
plete responsibility according to the terms and conditions of the com-
munity services block grant legislation.
ECONOMIC OPPORTUNITY ACT ACr7VITII'S
Section 136. The Committee has includes a new section to cover costs
of the Office of Community Services in the Department of Health and
Human Services. In the Department's continuing efforts to close out
Economic Opportunity Act activities, such costs include: those incurred
as a result of final settlements of a Merit Systems Protection Board suit
brought by former Community Services Administration employees;
transition costs incurred from transferring the OCS Inspector General
staff to the Office of the Inspector General; and severance and accrued
leave costs for OCS employees to be paid once close-out activities are
complete. It is estimated that total costs will not exceed $10,000,000. In
including this section, the Committee does not intend its action to be
construed as a reappropriation of funds, but is extending the availability
of fiscal 1982 appropriated, but unobligated, funds for the above pur-
poses through September 30, 1983.
Section 137. The Committee has recommended, as it did in the first
fiscal year 1982 continuing resolution, language that eliminates the re-
quirement for making preliminary impact aid payments from funds ap-
propriated in this joint resolution. This provision will allow preliminary
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payments to school districts only in cases where a delay in payment
would cause undue hardship.
This provision will allow the Congress the option of making changes
in impact aid funding in a regular fiscal year 1983 appropriations act,
but will still provide continued payments to very needy districts. The
Committee expects the Department of Education to apply the same
criteria for hardship as were used during fiscal year 1982, when a simi-
lar provision was implemented.
Section 138. The Committee directs the Department to give attention
to the problem of training and retraining youth and adults in this time
of high unemployment. While many factors contribute to unemploy-
ment, it is known that training assists displaced workers and disad-
vantaged youth and- adults to make the transition to a new job or to
gain initial employment.
The Committee notes that skilled worker shortages are alarmingly
high and many industries report a growing need for advanced level
workers. Technological innovations are making worker skills obsolete
and creating a need for training and retraining of displaced workers
needed to build, operate, and maintain sophisticated new machinery in
defense and other highly technological industries.
While the States' vocational education agencies and institutions con-
duct training under collaborative agreements with private sector em-
ployers, the need for training is greater than current funding will allow.
A recent 20-State survey shows that approximately 300,000 people wish
to but are not able to enroll in vocational training. The Committee rec-
ommends an additional $50,000,000 for basic State grants to assist voca-
tional reduction agencies and institutions to train and retrain youth and
adults and place them in jobs available in the private sector.
Although the Federal contribution accounts for only a small portion
of total expenditures for vocational and adult education at all levels, it
can have major impact in supporting program improvement and atten-
tion to economic development and skilled work force training.
Section 139. The Committee recommends a total amount of $9,000,-
000 be appropriated, the same as the fiscal 1983 budget request, to
establish an aerospace science and health education center in honor of
Gen. Daniel "Chappie" James, the first and only black four-star general
in the U.S. Air Force. It is believed that the center will increase the en-
rollment of black aerospace engineers from the present 3 to 16 percent.
Graduates of such a program would be valuable resources for the Na-
tion's military needs, the aerospace industry, and research and develop-
ment laboratories. The center will be located at Tuskegee Institute.
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17
CREDIT CONTROL
. ..........................
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Section 144. The Committee recommends a general provision requir-
ing that Department and agencies make loan commitments up to the
amounts provided in appropriation acts-in accordance with the avail-
ability of qualified applicants. A similar provision was included in the
fiscal year 1982 continuing resolution (Public Law 97-92) as section
136. This provision assures that loan guarantee levels provided in ap-
propriations acts are not arbitrarily restricted by administrative actions.
cal year 1982.
NURSING RESEARCH
Section 140. The Committee recommends a total fiscal year 1983 ap-
propriation of $5,000,000 for the nursing research program of the
Health Resources and Services Administration. This is an increase of
$1,600,000 above the fiscal 1982 appropriation, but the same as pro-
vided in fiscal years 1980 and 1981. This program is extremely im-
portant to our Nation's schools of nursing. The Committee believes that
priority should be given to proposals which address the needs of the
elderly, cost-effective procedures, and minorities.
COAST GUARD
Section 141. The resolution includes language also contained in the
Coast Guard authorization bills, (S. 2252 and H.R. 5617) currently
awaiting conference action. Inclusion in the continuing resolution is
necessary if an authorization is not enacted by October 1, because, be-
ginning October 1, 1982, the Coast Guard is scheduled to assume
health care budgetary responsibility for its active duty military person-
nel, funding and authority for which has been a responsibility of the
Public Health Service through 1982. This language is needed to allow
for the orderly transition of this responsibility and is consistent with a
switch in funding from PHS to Coast Guard included in the President's
budget. FEDERAL TRADE COMMISSION
Section 142. The Committee has included a provision which prohibits
the Federal Trade Commission from the regulation of professionals
where State law now regulates State-licensed professionals.
US. TRAVEL AND TOURISM ADMINISTRATION
Section 143. The Committee recommends language providing that
funds for the U.S. Travel and Tourism Administration shall be available
at an annual rate of $7,600,000 and that the number of offices in
foreign countries and employees in those offices shall not be less than
the number in fiscal year 1982. The amendment further provides that
the obligations for USTTA's foreign offices shall be the same as in fis-
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NURSING HOME INSPECTIONS
Section. 145. The Committee has included a provision to prohibit
nursing home survey and certification regulations proposed by the De-
partment of Health and Human Services from taking effect in final
form until an additional 120 days have expired.
Because the proposed regulations have been the subject of con-
siderable controversy, the Committee expects that the additional time
will allow adequate public review and congressional oversight of any
revised proposals which may be made by the Department.
It is not the Committee's intent to preclude the Department from
making any changes in nursing home survey and certification proced-
ures. The Committee believes, for instance, that there is a need to put
more emphasis on quality patient care and less on paperwork.
CADASTRAL SURVEY
Section 146. The Committee has includes a provision to allow the
Forest Service to accelerate cadastral survey work on national forests
created from the public domain. The backlog of survey requirements
has a direct, negative impact on forest management activities. Revenue
generating programs, such as timber sales, are restricted without boun-
dary lines in place, resulting in diminshed receipts to the general fund.
URBAN MASS TRANSPORTATION ADMINISTRATION ALLOCATION FORMULAS
Section 147. The Committee has added language to require the
Urban Mass Transportation Administration to use 1980 decennial cen-
sus data in the allocation formulas for the agency's various transit assist-
ance program. The Committee believes it is no longer justified to use
1970 decennial census data for this purpose as the 1970 data is more
than 12 years old and the 1980 data are now available.
LANDSAT
Section 148. The Committee recommendation includes language
making $13,555,000 above the rate provided by section 101(a) available
to the National Oceanic and Atmospheric Administration to operate the
land remote sensing satellite (Landsat). This brings the total
civilian
available to NOAA for carrying out the Landsat program to $14,955,-
000. The Landsat system was previously funded by NASA as a research
effort. However, in fiscal year 1983, NOAA will assume responsibility
for the operational Landsat program. Funds must be available to
NOAA on October 1, 1982 for NOAA to award a contract for opera-
tions and maintenance, and to continue support for the Department of
the Interios' Eros Data Center for production of Landsat products.
Without these funds, NOAA will not be able to support the system for
operating satellites already in orbit.
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PEACEKEEPING ACTIVITIES
Section 149. The Committee recommendation includes language to
permit up to $50,000,000 of the funds appropriated to the Department
of State for contributions for international peacekeeping activities to be
used for U.S. contributions for a peacekeeping force in Namibia.
The President has requested that these funds be available in the
event that a settlement of the conflict in southern Africa is concluded
during the recess of the Congress.
During the period of this continuing resolution an agreement may be
achieved concerning implementation of a U.N. plan for the independ-
ence of Namibia. If this should occur, funds will be urgently required
for contributions by the United States to the U.N. transition assistance
group (UNTAG), which will play a vital role in Namibia's transition to
independence. The scope of this U.N. peacekeeping effort is expected
to include the deployment in southern Africa of both military person-
nel, from countries other than the United States, and civilian election
monitors and the return of Namibians from neighboring states.
This section allows the executive branch to use up to $50,000,000 of
the funds appropriated to the Department of State for purposes of con-
tributions for international peacekeeping activities for payment of the
U.S. assessed share of UNTAG's costs during the period covered by the
continuing resolution.
However, no funds may be obligated for UNTAG unless the Presi-
dent determines and reports to Congress that adequate agreement has
been achieved among the parties concerning implementation of U.N.
Security Council Resolution 435 for Namibian independence. The
Committee believes that adequate agreement among the parties for this
purpose would consist of final agreement on all essential aspects of im-
plementation and willingness in principle to proceed with implementa-
tion. The Committee also directs that if it becomes necessary to draw
on these funds, that a full and complete accounting will be provided
the Appropriations Committees of the House and the Senate. In addi-
tion, the Committee anticipates that a budget amendment for the full
amount of the U.S. commitment will be submitted to the Congress by
the President.
NATIONAL SECURITY COUNCIL
Section 150. The President's intelligence boards were estalbished by
Executive order during 1982. Since initial funding was provided by
reimbursements from other agencies rather than appropriations, lan-
guage is necessary to permit continued operations of these boards.
NATIONAL ENDOWMENT FOR THE HUMANITIES
Section 151. The Committee has included a provision transferring
$5,200,000 of program funds appropriated in fiscal year 1982 to the
challenge grant program. These funds had been proposed for repro-
graming to support a new initiative for research libraries. While the
Committee feels that increased support of these institutions is worth-
while, program funds are not the proper vehicle to provide general
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institutional support. The funds have, therefore, been transferred to the
challenge grant program which is designed to provide institutional
support. FM-Ant TRAFFIC CONTROLLERS
Section 152. On June 22, 1981, after lengthy negotiations between the
Department of Transportation/Federal Aviation Administration and the
Professional Air Traffic Controllers Organizations (PATCO), a tentative
agreement was reached between the parties. Included in the agreement
was the administration's commitment to propose legislation to the Con-
gress to increase controller benefits.
Following the rejection of the agreement, members of PATCO il-
legally went on strike against the Federal Government on August 3,
1981, resulting in the termination of approximately 11,400 controllers
who did not return to work within the grace period established by
President Reagan.
Since the strike on August 3, the air traffic system has been operating
at a significantly greater level than expected. In fact, data show that the
system is now operating at about 90 percent of the prestrike level for
commercial air traffic. The operation of the air traffic system clearly
reflects both the substantial preparations undertaken by the FAA before
the strike, and the dedication of the controllers and staff personnel who
remained on their jobs. Aviation
After the strike, the Department of Transportation/Federal Administration made a commitment to the working air traffic control-
lers that they would not be unfairly treated for honoring their oaths of
office and keeping the air traffic control system operating safely and ef-
ficiently. This legislation would fulfill that commitment by providing an
average annual pay increase of 6.6 percent to the working air traffic
controllers which is equal to the amount supported by the administra-
tion in the tentative agreement of June 1981. In addition to compensat-
ing controllers and other designated FAA employees for the respon-
sibilities they assume in operating and maintaining the air traffic sys-
tem the bill also provides the FAA with tools to use in the rebuilding
of the air traffic control system. Progress in rebuilding the system has
been good, as reflected by the current high levels of operations being
b-
coonducted safely. Moreover, as of August 31, 1982 2,664 new control
lers had graduated from the FAA Academy and been assigned to field
facilities for operational training, and nearly 1,300 individuals with prior
air traffic control related experience had been hired and assigned di-
rectly to field facilities. The Committee is anxious not only to provide
the FAA with necessary capabilities to promote system rebuilding and
to restore the air traffic system to full capacity as soon as practicable,
but to provide working controllers and other select personnel with the
overdue recognition they have so richly deserved for their outstanding
performance in behalf of the traveling public. The Committee believes
this legislation will fulfill both objectives. Significantly, this legislation
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Approved For Release 2008/09/12 : CIA-RDP85MOl 133R000100140010-3
 Approved For Release 2008/09/12 : CIA-RDP85MOl 133R000100140010-3
has passed the Senate on two prior occasions. It was previously passed
as part of H.J. Res. 357 on November 22, 1981, and more recently, on
May 27, 1982, as S. 1912.
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Approved For Release 2008/09/12 : CIA-RDP85MOl 133R000100140010-3