A joint resolution making further continuing appropriations for the fiscal year 1981, and for other purposes.
PL 96-536 (H.J.Res.644), enacted 12/16/1980

94 STAT. 3166 
PUBLIC LAW 96-536—DEC. 16, 1980 
Public Law 96-536 
96th Congress 
Joint Resolution 
- 
^^' 
' 
Making further continuing appropriations for the fiscal year 1981, and for other 
[H.J. Res. 644] 
purposes. 
Resolved, by the Senate and House of Representatives of the United 
Further 
States of America in Congress assembled, That the following sums are 
appropriations 
appropriated, out of any money in the Treasury not otherwise 
for 
fiscal 
year 
appropriated, and out of applicable corporate or other revenues, 
1981. 
receipts, and funds, for the several departments, agencies, corpora-
tions, and other organizational units of the Government for the fiscal 
year 1981, and for other purposes, namely: 
SEC. 101. (a)(1) Such amounts as may be necessary for projects or 
activities (not otherwise specifically provided for in this joint resolu-
tion) for which appropriations, funds, or other authority would be 
available in the following appropriation Acts: 
Departments of Labor, Health and Human Services, and 
Education, and Related Agencies Appropriation Act, 1981; and 
Treasury, Postal Service, and General Government Appropri-
ation Act, 1981. 
(2) Appropriations made by this subsection shall be available to the 
extent and in the manner which would be provided by the pertinent 
appropriation Act. 
(3) Whenever the amount which would be made available or the 
authority which would be granted under an Act listed in this 
subsection as passed by the House as of October 1, 1980, is different 
from that which would be available or granted under such Act as 
passed by the Senate as of October 1, 1980, the pertinent project or 
activity shall be continued under the lesser amount or the more 
restrictive authority: Provided, That where an item is included in 
only one version of an Act as passed by both Houses as of October 1, 
1980, the pertinent project or activity shall be continued under the 
appropriation, fund, or authority granted by the one House, but at a 
rate for operations not exceeding the current rate or the rate 
permitted by the action of the one House, whichever is lower, and 
under the authority and conditions provided in applicable appropri-
ation Acts for the fiscal year 1980. 
(4) Whenever an Act listed in this subsection has been passed by 
only the House as of October 1,1980, the pertinent project or activity 
shall be continued under the appropriation, fund, or authority 
granted by the House, at a rate for operations not exceeding the rate 
permitted by the action of the House, and under the authority and 
conditions provided in applicable appropriation Acts for the fiscal 
year 1980, except section 201 of title II of the Departments of Labor, 
and Health, Education, and Welfare and Related Agencies Appropri-
ations Act, 1980 (H.R. 4389) as adopted by the House of Representa-
tives on August 2,1979. 
(5) No provision which is included in an appropriation Act enumer-
ated in this subsection but which was not included in the applicable 
appropriation Act of 1980, and which by its terms is applicable to 
PUBLIC LAW 96-536—DEC. 16, 1980 
94 STAT. 3167 
more than one appropriation, fund, or authority shall be applicable to 
any appropriation, fund, or authority provided in the joint resolution 
unless such provision shall have been included in identical form in 
such bill as enacted by both the House and the Senate. 
(b) Notwithstanding section 10 of Public Law 91-672, the amend- 
22 use 2412. 
ments made by sections 201 and 501 of Public Law 95-118, and section 
f 
L^^£|,^^®"^^' 
15(a) of the Act entitled, "An Act to provide certain basic authority 
'^^^^' ''^^'^• 
for the Department of State", approved August 1,1956, as amended, 
22 use 2680. 
such amounts as are necessary to carry out the rates and terms 
agreed to in the Conference Report 96-1536 as reported and agreed to 
December 13,1980, for section 101(b) of H.J. Res. 637. 
(c) 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 H.R. 7593, entitled the "Legislative Branch 
Appropriation Act, 1981", as passed the House of Representatives, 
July 21, 1980, and the provisions of H.R. 7593 shall be effective as if 
enacted into law; except that the provisions of section 309 of H.R. 
7593 shall not apply to the General Accounting Office, and the last 
proviso under the heading "Government Printing Office, Office of 
Superintendent of Documents, Salaries and Expenses" in H.R. 7593 
shall not apply, and the provisions of section 306 (a), (b), and (d) of 
H.R. 7593 (providing salary pay cap limitations for executive, legisla- 5 use 5318 note. 
tive, and judicial employees and officials) shall apply to any appropri-
ation, fund, or authority made available for the period October 1, 
1980, through June 5,1981, by this or any other Act. Notwithstanding 
section 102(c) of this joint resolution, for mileage of Members, as 
authorized by law, $210,000. 
(d) Such amounts as may be necessary for continuing the following 
activities not otherwise provided for, which were conducted in fiscal 
year 1980, but at a rate for operations not in excess of the rate for 
fiscal year 1980: Provided, That no appropriation or fund made 
available or authority granted pursuant to this subsection shall be 
used to initiate or resume any project or activity for which appropri-
ations, funds, or authority were not available during fiscal year 1980: 
activities of the Council on Wage and Price Stability; 
activities for which disbursements are made by the Secretary 
of the Senate, and the Senate items under the Architect of the 
Capitol; 
. P 
activities of the National Health Service Corps under section 
, 338(a) of the Public Health Service Act; 
42 USC 254k. 
. i 
activities for support of nursing research under section 301 of 
the Public Health Service Act; 
42 use 241. 
activities for support of health professions education and nurse 
training under titles VII and VIII of the Public Health Service 
Act including authority to guarantee new loans under the 
42 use 292,296. 
Health Education Assistance Loans (HEAL) program; 
activities under the Community Mental Health Centers Act; 
42 use 2689 et 
activities of the National Arthritis Advisory Board and the *^9-
National Diabetes Advisory Board; and 
activities under title IV, part A, subparts 2 and 3, and titles VII 
and VIII of the Comprehensive Employment and Training Act, 8Qcy|£^Qgi ^^^' 
except that activities under title VIII shall be conducted at not to 
99^' ^"^' ^^^' 
exceed an annual rate for new obligations of $200,000,000. 
(e) Such amounts as may be necessary to permit payments and 
assistance mandated by law for the following activities under the 
terms, conditions and limitations included in the applicable appropri-
ation Act for 1980: 
94 STAT. 3168 
PUBLIC LAW 96-536—DEC. 16, 1980 
30 u s e 901. 
42 u s e 1305. 
20 u s e 1071. 
Effective date. 
Ante, p. 1504. 
Ante, p. 1442. 
31 u s e 1221 
note. 
Post, p. 3516. 
Appropriation 
authorization. 
Ante, p. 1331. 
42 use 
1962d-5d. 
40 u s e app. 1. 
40 u s e app. 405. 
activities under title IV of the Federal Mine Health and Safety 
Act of 1977; 
activities under the Social Security Act; 
retirement pay and medical benefits for commissioned officers 
of the Public Health Service; 
activities under title IV, part B, of the Higher Education Act; 
Notwithstanding paragraph 1393(a) of the Education Amend-
ments of 1980, paragraph 446 of such amendments shall be 
effective on July 1,1981; 
notwithstanding any other provision of this joint resolution 
except section 102, activities of the Department of Labor, 
Employment and Training Administration for "Federal unem-
ployment benefits and allowances" and "Advances to the unem-
ployment trust fund and other funds"; and 
activities of the Department of Labor, Employment Standards 
Administration for "Special benefits" and Black Lung Disabil-
ity Trust Fund". 
(f) Such amounts as may be necessary for Department of Energy, 
Operating Expenses, Energy Supply, Research and Development 
Activities, to continue the breeder reactor demonstration project, or 
such project alternative as may be approved by Congress in author-
izing legislation, at the current rate of operations notwithstanding 
the provisions of section 102 (a) and (h) of this joint resolution. 
(g) Activities of the Department of Health and Human Services to 
process, maintain, return or resettle Cuban and Haitian entrants 
shall be funded at not to exceed an annual rate provided in the budget 
estimate. 
(h) Notwithstanding any other provision of law, amounts appropri-
ated to the State and Local Government Fiscal Assistance Trust Fund 
shall be available for payments to units of local government in 
accordance with the provisions and conditions set forth in the State 
and Local Fiscal Assistance Act of 1972, as amended and as further 
amended by H.R. 7112 as enacted by the Congress, for a one-year 
entitlement period beginning October 1,1980, but at not to exceed an 
annual rate for operations of $4,566,700,000. 
(i) Notwithstanding any other provision of this joint resolution: 
There is appropriated an additional amount of $46,700,000, to remain 
available until expended, for Department of Energy, Operating 
Expenses, Atomic Energy Defense Activities, and an additional 
amount of $65,300,000, to remain available until expended, for 
Department of Energy, Plant and Capital Equipment, Atomic Energy 
Defense Activities, such amounts to be merged with and subject to the 
same provisions as amounts previously provided for such Activities in 
Public Law 96-367, Energy and Water Development Appropriation 
Act, 1981; section 120(b) of the Water Resources Development Act of 
1976 (90 Stat. 2924) is amended by striking out "for the fiscal years 
ending September 30, 1978, and September 30, 1979,"; and appro-
priations and funds made available to the Appalachian Regional 
Commission, including the Appalachian Regional Development Pro-
grams, by this or any other Act shall be used by the Commission in 
accordance with the provisions of the applicable appropriation Act 
and pursuant to the Appalachian Regional Development Act of 1965, 
as amended, notwithstanding the provisions of section 405 of said Act. 
(j) Notwithstanding section 101(a) of this joint resolution, not to 
exceed $1,850,000,000 shall be available for an annual rate for 
operations to continue the low-income energy assistance program 
under the State allocations provided for in H.R. 7998 as passed the 
House of Representatives August 27, 1980, and in House Report 
PUBLIC LAW 96-536—DEC. 16, 1980 
94 STAT. 3169 
96-1244, except that the sum of $50,000,000 shall be reserved for 
payments to any State which would receive under the above formula 
an amount less than 75 per centum of the amount it would have 
received under the State allocation formula for low-income energy 
assistance as provided in the regulations published on May 80, 1980, 
in volume 45, numbered 106, Federal Register, pages 36810-36838, 
such payments to be, to the maximum extent possible, the amount 
necessary for the allocations to those States to be equal to 75 per 
centum of their allocation under such regulations; the energy assist-
ance program shall be continued under the terms and conditions of 
such regulations and any nonformula amendments thereto, except 
that an eligible household shall also include any single person 
household at or below 125 per centum of poverty: Provided, That none Waiver. 
of the funds appropriated in this paragraph shall be used to provide 
assistance either in cash or in kind to any household during fiscal 
year 1981 which exceeds a value of $750, except this $750 limitation 
may be waived by the Secretary of Health and Human Services upon 
request of a State. 
(k) Notwithstanding section 102(c) of this joint resolution, such 
amounts as may be necessary for programs, projects, and activities 
provided for in the Agriculture, Rural Development, and Related 
Agencies Appropriation Act, 1981 (H.R. 7591), to the extent and in the ^nte, p. 3095. 
manner provided for in such Act as enacted by the Congress. 
(1) Notwithstanding section 102(c) of this joint resolution, such 
amounts as may be necessary for programs, projects, and activities 
provided for in the District of Columbia Appropriation Act, 1981 
(H.R. 8061), to the extent and in the manner provided for in such Act ^«^e, p. 3121. 
as enacted by the Congress. 
(m) Notwithstanding section 102(c) of this joint resolution, such 
amounts as may be necessary for programs, projects, and activities 
provided for in the Department of Housing and Urban Development-
Independent Agencies Appropriation Act, 1981 (H.R. 7631), to the Ante, p. 3044. 
extent and in the manner provided for in such Act as enacted by the 
Congress. 
(n) Notwithstanding section 102(c) of this joint resolution, such 
amounts as may be necessary for programs, projects, and activities 
provided for in the Department of the Interior and Related Agencies 
Appropriation Act, 1981 (H.R. 7724) to the extent and in the manner Ante, p. 2957. 
provided for in such Act as enacted by the Congress. 
(o) Notwithstanding section 102(c) of this joint resolution, such 
amounts as may be necessary for programs, projects, and activities 
provided for in the Departments of State, Justice, and Commerce, the 
Judiciary, and Related Agencies Appropriation Act, 1981 (H.R. 7584), 
to the extent and in the manner provided for in such Act as enacted 
by the Congress, except section 606 of such Act. 
(p) Notwithstanding section 102(c) of this joint resolution, such 
amounts as may be necessary for programs, projects, and activities 
provided for in the Department of Defense Appropriation Act, 1981 
(H.R. 8105) to the extent and in the manner provided for in such Act Ante, p. 3068. 
as enacted by the Congress. 
SEC. 102. Appropriations and funds made available and authority Funding 
granted pursuant to this joint resolution shall be available from 
availability. 
December 15, 1980, and shall remain available until (a) enactment 
into law of an appropriation for any project or activity provided for in 
this joint resolution, or (b) enactment of the applicable appropriation 
Act by both Houses without any provision for such project or activity, 
or (c) June 5,1981, whichever first occurs. 
94 STAT. 3170 
PUBLIC LAW 96-536—DEC. 16, 1980 
Prayer and 
meditation in 
public schools. 
Abortions. 
91 Stat. 1460. 
20 u s e 2565. 
SEC. 103. Appropriations and funds made available or authority 
granted pursuant to this joint resolution may be used without regard 
to the time limitations for submission and approval of apportion-
ments set forth in section 665(d)(2) of title 31, United States Code, but 
nothing herein shall be construed to waive any other provision of law 
governing the apportionment of funds. 
SEC. 104. Appropriations made and authority granted pursuant to 
this joint resolution shall cover all obligations or expenditures 
incurred for any project or activity during the period for which funds 
or authority for such projects or activity are available under this joint 
resolution. 
SEC. 105. Expenditures made pursuant to this joint resolution shall 
be charged to the applicable appropriation, fund, or authorization 
whenever a bill in which such applicable appropriation, fund, or 
authorization is contained is enacted into law. 
SEC. 106. All obligations incurred in anticipation of the appropri-
ations and authority provided in this joint resolution for the purposes 
of maintaining the minimum level of essential activities necessary to 
protect life and property and bringing about orderly termination of 
other functions are hereby ratified and confirmed if otherwise in 
accordance with the provisions of this joint resolution. 
SEC. 107. No provision in any appropriation Act for the fiscal year 
1981 that makes the availability of any appropriation provided 
therein dependent upon the enactment of additional authorizing or 
other legislation shall be effective before the date set forth in section 
102(c) of this joint resolution. 
SEC. 108. Notwithstanding any other provision of this joint resolu-
tion except section 102, none of the funds made available by this joint 
resolution for programs and activities for which appropriations 
would be available in H.R. 7998, entitled the Departments of Labor, 
Health and Human Services, and Education, and Related Agencies 
Appropriation Act, 1981, as passed the House of Representatives on 
August 27, 1980, shall be used to prevent the implementation of 
programs of voluntary prayer and meditation in the public schools. 
SEC. 109. Notwithstanding any other provision of this joint resolu-
tion except section 102, none of the funds made available by this joint 
resolution for programs and activities for which appropriations 
would be available in H.R. 7998, entitled the Departments of Labor, 
Health and Human Services, and Education, and Related Agencies 
Appropriation Act, 1981, as passed the House of Representatives on 
August 27,1980, shall be used to perform abortions except where the 
life of the mother would be endangered if the fetus were carried to 
term; or except for such medical procedures necessary for the victims 
or rape or incest when such rape has been reported within seventy-
two hours to a law enforcement agency or public health service; nor 
are payments prohibited for drugs or devices to prevent implantation 
of the fertilized ovum, or for medical procedures necessary for the 
termination of an ectopic pregnancy; Provided, however. That the 
several States are and shall remain free not to fund abortions to the 
extent that they in their sole discretion deem appropriate. 
SEC. n o . Funds contained in Public Law 95-205 for carrying out 
section 525 of the Education Amendments of 1976 shall remain 
available through September 30,1982. 
SEC. 111. Notwithstanding any other provision of this joint resolu-
tion, there is appropriated such amounts as are required for 
allowances and office staff for the former President pursuant to 3 
U.S.C. 102 note: Provided, That the aggregate amount to be expended 
for the Allowances and Office Staff for Former Presidents account 
PUBLIC LAW 96-536—DEC. 16, 1980 
94 STAT, 3171 
shall not exceed $823,000: Provided further. That such amounts as are 
necessary may be expended under Operating Expenses, National 
Archives and Records Service for the provision of a temporary 
repository 
and 
essential 
archival 
processing of 
Presidential 
materials. 
SEC. 112. Notwithstanding any other provision of this joint resolu-
tion, there is appropriated for settlement of claims against the Coast 
Guard pursuant to section 646 of title 14, United States Code, 
$198,523.41 and for settlement of claims by the Seneca Nation of 
Indians pursuant to section 10 of the Act of August 31,1964 (78 Stat. 
738), $19,774.95. 
SEC. 113. Notwithstanding the provisions of section 101(a) of this 
joint resolution, the maximum amount allowable during the current 31 USC 638c. 
fiscal year in accordance with section 16 of the Act of August 2,1946 
(60 Stat. 810), for the purchase of any passenger motor vehicle 
(exclusive of buses and ambulances), is hereby fixed at $6,000, except 
station wagons, for which the maximum shall be $6,40(): Provided, 
That these limits may be exceeded by not to exceed $1,700 for police-
type vehicles, and by not to exceed $3,600 for special heavy duty 
vehicles: Provided further. That preference should be given for the 
purchase of American made vehicles. 
SEC. 114. The Administrator of the Small Business Administration, 
pursuant to section 4(cX5)(A) of the Small Business Act, as amended, ^"^^' P- ^42. 
is authorized to issue notes to the Secretary of the Treasury in an 
amount not to exceed $600,000,000 for the purpose of providing 
Disaster Loans in addition to the amount provided for such purpose 
in H.R. 7584 as adopted by the House of Representatives on Novem-
ber 21, 1980, and to transfer an amount not to exceed $10,000,000 to 
"Salaries and Expenses". 
SEC. 115. Notwithstanding any other provision of this joint resolu- Appropriation 
tion, there is hereby appropriated an additional amount for capital authorization. 
outlay, Panama Canal Commission, of $10,210,000 for navigation 
projects to be derived from the Panama Canal Commission Fund and 
to remain available until expended: Provided, That all such funds be 
derived solely from tolls and other charges for services provided by 
the Panama Canal Commission. 
SEC. 116. None of the funds appropriated by this joint resolution 
may be used to disqualify, pursuant to section 411(d)(1)(B) of the 
Internal Revenue Code of 1954, any plan which has vesting require- 26 use 4ii. 
ments or provides for nonforfeitable rights to benefits, equal to or 
more stringent than 4/40. 
None of the funds appropriated by this joint resolution may be used 
to issue an unfavorable advance determination letter, pursuant to 
section 411(d)(1)(B) of the Internal Revenue Code of 1954, with respect 
to any plan which has vesting requirements or provides for non-
forfeitable rights to benefits, equal to or more stringent than 4/40. 
SEC. 117. Notwithstanding any other provision of law, no funds 
available to the Secretary of Education shall be used to adopt or 
enforce any final regulations which replace the current "Lau reme-
dies" for use as a guideline concerning the scope or adequacy of 
services to be provided to students of limited English-language 
proficiency, or for defining entry and exit criteria for such services, 
before June 1,1981. 
SEC. 118. Notwithstanding any other provision of this joint resolu-
tion, or Public Law 96-369: For temporary employment assistance Ante, p. 1351. 
under title VI of the Comprehensive Employment and Training Act, 29 USC 961. 
no more than $729,000,000 of new budget authority shall be available 
during fiscal year 1981; notwithstanding subpart (4) of part A of title 
94 STAT. 3172 
PUBLIC LAW 96-536—DEC. 16, 1980 
2
9 use 893. 
IV of the Comprehensive Employment and Training Act, new budget 
authority for the youth employment and training program under 
subpart (3) of part A of title IV of that Act shall be at the annual rate 
of $746,000,000. 
Publication in 
SEC. 119. None of these funds may be used for the purpose of 
Raster use of 
Publishing in the Federal Renter, implementing or enforcing the 
funds. ' 
proposed Conditions of Participation for Skilled Nursing Facilities 
(SNF's) or Intermediate Care Facilities (ICF's) which were first 
published as proposed in the Federal Register on July 14,1980, prior 
to receipt of revised cost estimates by the Department and the final 
draft of a General Accounting Office evaluation of the impact of the 
proposed regulations, and in no case, prior to January 12, 1981. 
Approved December 16, 1980. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 96-1484 accompanying H.J. Res. 637 (Comm. on Appropri-
ations) and No. 96-1536 accompanying H.J. Res. 637 (Comm. of 
Ofi 
n IG 
1*6 
n 
c 
G) 
CONGRESSIONAL RECORD, Vol. 126 (1980): 
Dec. 3, H.J. Res. 637 considered and passed House. 
Dec. 10, 11, H.J. Res. 637 considered and peissed Senate, amended. 
Dec. 12, House disagreed to Senate amendments. 
Dec. 13, House agreed to conference report; concurred in certain Senate 
amendments and in others with amendments; Senate agreed to conference 
report, and insisted on its amendment No. 7; House agreed to further 
conference; H.J. Res. 644 considered and passed House. 
Dec. 15, Senate further insisted on its amendment No. 7 to H.J. Res. 637; H.J. 
Res. 644 considered and passed Senate, amended; House agreed to Senate 
amendment with an amendment. 
Dec. 16, Senate agreed to House amendment.