A joint resolution making continuing appropriations for the fiscal year 1980, and for other purposes.
PL 96-86 (H.J.Res.412), enacted 10/12/1979

93 STAT. 656 
PUBLIC LAW 96-86—OCT. 12, 1979 
Public Law 96-86 
96th Congress 
Joint Resolution 
— 
' 
Making continuing appropriations for the fiscal year 1980, and for other purposes. 
[H.J. Res. 412] 
Resolved by the Senate and House of Representatives of the United 
Continuing 
States of America in Congress assembled, That the following sums are 
appropriations, 
appropriated, out of any money in the Treasury not otherwise 
appropriated, and out of applicable corporate or other revenues, 
receipts, and funds, for the several departments, agencies, corpora-
tions, and other organizational units of the Government for the fiscal 
year 1980, and for other purposes, namely: 
SEC. 101. (a)(1) Such amounts as may be necessary for continuing 
projects or activities (not otherwise specifically provided for in this 
joint resolution) which were conducted in the fiscal year 1979 and for 
which appropriations, funds or other authority would be available in 
the following appropriation Acts: 
Agriculture, Rural Development, and Related Agencies Appro-
priation Act, 1980; 
District of Columbia Appropriation Act, 1980; 
Foreign Assistance and Related Programs Appropriations Act, 
22 use 2412. 
1980, notwithstanding section 10 of Public Law 91-672, and 
section 15(a) of the Act entitled, "An Act to provide certain basic 
authority for the Department of State", approved August 1,1956, 
22 use 2680. 
as amended; 
Department of the Interior and Related Agencies Appropri-
ation Act, 1980; and 
Military Construction Appropriation Act, 1980. 
(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, 1979, is different 
from that which would be available or granted under such Act as 
passed by the Senate as of October 1, 1979, the pertinent project or 
activity shall be continued under the lesser amount or the more 
restrictive authority. 
(4) Whenever an Act listed in this subsection has been passed by 
only one House as of October 1,1979, or where an item is included in 
only one version of an Act as passed by both Houses as of October 1, 
1979, 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 1979: Provided, That no provision which 
is included in an appropriation Act enumerated in this subsection but 
which was not included in the applicable appropriation Act of 1979, 
and which by its terms is applicable to 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 
PUBLIC LAW 96-86—OCT. 12, 1979 
93 STAT. 657 
have been included in identical form in such bill as enacted by both 
the House and the Senate. 
(b) Such amounts as may be necessary for continuing projects or 
activities which were conducted in fiscal year 1979 for which provi-
sion was made in the Department of Defense Appropriation Act, 
1979, at a rate of operations not in excess of the current rate or the 
rate provided in the budget estimate, whichever is lower, and under 
the more restrictive authority. 
(c) Notwithstanding the provisions of sections 102 and 106 of this 
joint resolution, such amounts as may be necessary for continuing 
projects and activities to the extent and in the manner as provided in 
H.R. 4390, entitled the Legislative Branch Appropriation Act, 1980, 
as reported June 7, 1979 (except as to executive salaries which are 
covered subsequently) and such amounts as may be necessary for 
continuing projects or activities for which disbursements are made by 
the Secretary of the Senate, and the Senate items under the Architect 
of the Capitol, to the extent and in the manner which would be 
provided for in the budget estimates, as amended, for fiscal year 1980. 
For the fiscal year 1980, funds available for payment to executive 
employees, which includes Members of Congress, who under existing 
law are entitled to approximately 12.9 percent increase in pay, shall 
not be used to pay any such employee or elected or appointed official 
any sum in excess of 5.5 percent increase in existing pay and such 
sum if accepted shall be in lieu of the 12.9 percent due for such fiscal 
year. 
Provided, further, That for the purpose of carrying out this provi-
sion and notwithstanding the provisions of the Federal Pay Compara-
bility Act of 1970, the Executive Salary Cost-Of-Living Adjustment 
Act, or any other related provision of law, which would provide an 
approximate 12.9 percent increase in pay for certain Federal officials 
for pay periods beginning on or after October 1, 1979, and notwith-
standing section 102 of this joint resolution, the provisions of section 
304 of the Legislative Branch Appropriation Act, 1979, which limit 
the pay for certain Federal offices and positions, shall apply to funds 
appropriated by this joint resolution or any Act for the fiscal year 
1980, except that in applying such limitation the term "at a rate 
which exceeds by more than 5.5 percent the rate" shall be substituted 
for the term "at a rate which exceeds the rate" where it appears in 
subsection (a) of such section for the purpose of limiting pay increases 
to 5.5 percent. 
Any additional payment under existing law is not to be construed 
as an increase in salary or emoluments within the meaning of Article 
I, section 6, Clause 2 of the Constitution, except that: 
(1) Any Member of Congress, whether he voted to confirm or 
not to confirm the appointment of any judge appointed during 
the 96th Congress to the United States Court of Appeals for the 
District of Columbia, or whether he abstained from, or was not 
present for such vote, may bring a civil action in the United 
States District Court for the District of Columbia or in any 
United States District Court in the State he represents to contest 
the constitutionality of the appointment and continuance in 
office of said Circuit Judge on the ground that such appointment 
and continuance in office is in violation of Article I, section 6, 
clause 2 of the Constitution; 
(2) The designated United States District Courts shall have 
exclusive jurisdiction, without regard to the sum or value of the 
matter in controversy, to determine the validity of such appoint-
ment and continuance in office; 
92 Stat. 1231. 
Executive 
employees. 
5 u s e 5318 note. 
5 u s e 5318 note. 
5 u s e 5301 note. 
5 u s e 5312 note. 
92 Stat. 788. 
u s e prec. title 1. 
Judicial 
appointments, 
civil action. 
59-194 0 — 81 
44 : QL3 
93 STAT. 658 
PUBLIC LAW 96-86—OCT. 12, 1979 
Appeal. 
(3) Any action brought under this section shall be heard and 
determined by a panel of three judges in accordance with the 
provisions of section 2284 of title 28, United States Code. Any 
appeal from the action of a court convened pursuant to such 
section shall lie to the Supreme Court; and 
,, .^..., 
(4) Any judge designated to hear any action brought under this 
section shall cause such action to be in every way expedited. 
For purposes of this subsection, H.R. 4390, as reported June 7,1979, 
shall be treated as appropriating $11,000,000 under the headings 
"OFFICE OF TECHNOLOGY ASSESSMENT," "SALARIES AND EX-
PENSES"; $200,300,000 under the headings "GENERAL ACCOUNT-
ING OFFICE", "SALARIES AND EXPENSES"; and $50,707,000 under 
headings "JOINT ITEMS", "OFFICIAL MAIL COSTS". 
No funds contained in this section shall be used to remodel the 
gallery in Statuary Hall in the Capitol into carrels or into any other 
structure constituting additional office or work space for Members of 
Congress. 
(d) Such amounts as may be necessary for fiscal year 1980 for 
Department of Energy, Operating Expenses, Energy Supply, Re-
search and Development Activities, to carry out the breeder reactor 
demonstration project or project alternative approved by Congress in 
authorizing legislation, and for no other purpose, at the current rate 
of operations notwithstanding the provisions of sections 102 and 106 
of this joint resolution. 
(e) Such amounts as may be necessary for continuing the following 
activities, not otherwise provided for, which were conducted in fiscal 
year 1979, but at a rate for operations not in excess of the current 
rate: 
42 use 4951 
activities under the Domestic Volunteer Service Act; 
^°^- 
activities for support of nursing research under section 301 of 
42 use 241. 
the Public Health Service Act; 
activities for support of nursing fellowships and for support of 
training programs and program support related to alcoholism 
42 use 241 
under sections 301, 303, and 472 of the Public Health Service Act; 
242a, 289M. 
activities under section 789 and titles VIII, XII, XV, and XVII 
42 use 295g-9, 
of the Public Health Service Act, except that activities under 
296,300d 
title XV of the Public Health Service Act shall be conducted at 
42 use 300k-l 
^^^ ^° exceed an annual rate for obligations of $169,717,000; 
activities under sections 204 and 213 of the Community Mental 
42 use 2689c, 
Health Centers Act; 
2689h. 
activities under title IV of the Drug Abuse Office and Treat-
21 use 1171. 
ment Act; 
activities under titles III and V of the Comprehensive Alcohol 
Abuse and Alcoholism Prevention, Treatment and Rehabilita-
42 use 4571, 
tion Act; 
^^^^- 
activities under section 2 of the Indochina Migration and 
22 use 2601 
Refugee Assistance Act; 
^°^- 
activities of the National Board for the Promotion of Rifle 
Practice; 
activities of the Federal Trade Commission: Provided, That 
none of the funds made available by this joint resolution for the 
Federal Trade Commission may be used for the final promulga-
tion of trade regulation rules authorized by section 18 of the 
15 use 57a. 
Federal Trade Commission Act, as amended, nor to initiate any 
new activities; 
activities under the Omnibus Crime Control and Safe Streets 
42 use 3701 
Act of 1968, as amended, except that such activities shall be 
"o*®- 
continued at a rate of operations not in excess of appropriations 
PUBLIC LAW 96-86—OCT. 12, 1979 
93 STAT. 659 
contained in the Department of Justice Appropriation Act, 1980, 
for the Office of Justice Assistance, Research, and Statistics; 
activities of the Economic Development Administration; and 
activities of the Regional Action Planning Commissions. 
(f) Notwithstanding the funding rates provided for in section 101(a), 
activities of the Department of State for Migration and Refugee 
Assistance shall be funded at not to exceed an annual rate for 
obligations of $456,241,000, notwithstanding section 15(a) of the Act 
entitled, "An Act to provide certain basic authority for the Depart-
ment of State", approved August 1,1956, as amended, and section 10 
ofPublic Law 91-672. 
(g) Such amounts as may be necessary for projects or activities 
which were conducted in fiscal year 1979 and for which provision was 
made in the Department of Transportation and Related Agencies 
Appropriation Act, 1979, or chapter X of the Supplemental Appropri-
ations Act, 1979, at a rate of operations not in excess of the current 
rate or the rate provided in the budget estimate, whichever is lower, 
and under the more restrictive authority: Provided, That the Panama 
Canal Commission is authorized to incur obligations at the rate of 
operations, and to the extent and in the manner provided for in H.R. 
4440 as reported on June 13, 1979, to meet operational and capital 
requirements of the Panama Canal in conformance with applicable 
legislation and the Panama Canal Treaty of 1977, notwithstanding 
the provisions of section 106 of this joint resolution: Provided further. 
That the Interstate Commerce Commission is authorized to incur 
obligations for payments for directed rail service at the rate of 
operations and to the extent and manner provided for in H.R. 4440 as 
passed by the House of Representatives on September 18, 1979. 
(h) Such amounts as may be necessary for the programs or 
activities of the Federal Inspector for the Alaska Gas Pipeline, at a 
rate of operations not in excess of 35 per centum of the fiscal year 
1980 budget estimate. 
(i) Such amounts as may be necessary for projects or activities 
provided for in the Department of Housing and Urban Development-
Independent Agencies Appropriation Act, 1980 (H.R. 4394), at a rate 
of operations, and to the extent and in the manner, provided for in 
such Act as adopted by the House of Representatives on Septem-
ber 27,1979, and the Senate on September 28,1979, notwithstanding 
the provisions of section 106 of this joint resolution: Provided, That 
those programs in disagreement shall be funded at the lesser of the 
amounts originally approved by the House or Senate. 
(j) Such amounts as may be necessary for projects or activities 
provided for in the Departments of Labor, and Health, Education, 
and Welfare and Related Agencies Appropriation Act, 1980 (H.R. 
4389), at a rate of operations, and to the extent and in the manner, 
provided for in such Act as adopted by the House of Representatives 
on August 2, 1979, except as provided in section 118 of this joint 
resolution and notwithstanding the provisions of section 106 of this 
joint resolution. 
SEC. 102. Appropriations and funds made available and authority 
granted pursuant to this joint resolution shall be available from 
October 1, 1979, 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) November 20, 1979, whichever first occurs. 
22 u s e 2680. 
22 u s e 2412. 
92 Stat. 435. 
Ante, p. 119. 
Appropriations, 
conditions of 
availability. 
93 STAT. 660 
PUBLIC LAW 96-86—OCT. 12, 1979 
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 project 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. No appropriation or fund made available or authority 
granted pursuant to this joint resolution shall be used to initiate or 
resume any project or activity for which appropriations, funds, or 
other authority were not available during the fiscal year 1979. 
SEC. 107. Any appropriation for the fiscal year 1980 required to be 
apportioned pursuant to section 665 of title 31, United States Code, 
may be apportioned on a basis indicating the need (to the extent any 
such increases cannot be absorbed within available appropriations) 
for a supplemental or deficiency estimate of appropriation to the 
extent necessary to permit payment of such pay increases as may be 
granted pursuant to law to civilian officers and employees and to 
active and retired military personnel. Each such appropriation shall 
otherwise be subject to the requirements of section 665 of title 31, 
United States Code. 
SEC. 108. None of the funds available to the Department of 
Defense—Civil, Department of the Army, Corps of Engineers—Civil 
in fiscal year 1980 shall be available, except on a voluntary basis, for 
the acquisition of land or easements at or around the four lake 
projects in the Yazoo Basin, Mississippi, pending the submission to 
Congress of a plan for changing the curve by which the flow is 
regulated in line with the instructions contained on page 60 of the 
conference report accompanying H.R. 4388 and of alternative solu-
tions for the protection of Coffeeville, Mississippi, and other proper-
ties affected by the flood control operation at the project. 
SEC. 109. No provision in any appropriation Act for the fiscal year 
1980 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. 110. Appropriations and funds made available to the Appalach-
ian Regional Commission, including the Appalachian Regional 
Development Programs, 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 Devel-
opment Act of 1965, as amended, notwithstanding the provisions of 
section 405 of said Act. 
SEC. 111. Notwithstanding section 106 or any other provision of this 
joint resolution— 
2 use 61-1 note. 
(a) effective October 1,1979, the allowance for administrative 
and clerical Eissistance of each Senator from the State of Minne-
sota is increased to that allowed Senators from States having a 
population of four million but less than five million, the popula-
tion of said State having exceeded four million inhabitants; 
PUBLIC LAW 96-86—OCT. 12, 1979 
93 STAT. 661 
31 use 11. 
Report to 
congressional 
committees. 
(b) effective October 1, 1979, the allowance for administrative 2 use 6i-i note. 
and clerical assistance of each Senator from the State of Texas is 
increased to that allowed Senators from States having a popula-
tion of thirteen million but less that fifteen million, the popula-
tion of said State having exceeded thirteen million inhabitants; 
(c) effective with the fiscal year ending September 30, 1980, 
section 117 of the Second Supplemental Appropriations Act, 1976 
(2 U.S.C. 61f-la), is amended by striking out "$25,000" and 
inserting in lieu thereof "$92,000"; and 
(d) effective October 1, 1979, the Sergeant at Arms and Door-
keeper of the Senate may appoint and fix the compensation of 
two Photostat operators at not to exceed $12,663 per annum each; 
six Assistant Mail operators at not to exceed $12,096 per annum 
each; a Requisition and Receiving Clerk at not to exceed $13,608 
per annum; a Maintenance and Rental Clerk at not to exceed 
$13,608 per annum; a State office Repair Clerk at not to exceed 
$13,608 per annum; and two Auditors at not to exceed $14,931 per 
annum each. 
SEC. 112. During the fiscal year ending on September 30,1980, the Travel expenses. 
total amount which may be obligated to travel and transportation of 
persons, and transportation of things, for officers and employees of 
the executive branch of the Government shall not exceed an amount 
which is $500,000,000 less than the total amount proposed therefor in 
the Budget of the United States Government for such fiscal year (as 
amended and supplemented), transmitted by the President under 
section 201 of the Budget and Accounting Act, 1921. The Director of 
the Office of Management and Budget shall allocate the reduction in 
such proposed total amount among the departments, agencies, and 
instrumentalities of the executive branch and shall report on such 
allocation to the Committees on Appropriations of the House of 
Representatives and the Senate: Provided, That in allocating the 
reduction in such proposed total amount among the departments, 
agencies, and instrumentalities of the executive branch, no reduction 
shall be made in funds for debt collection or supervision of loans, nor 
shall any department, agency or instrumentality be reduced by more 
than fifteen per centum of the amount proposed for each such 
department, agency or instrumentality in the Budget of the United 
States Government for such fiscal year (as amended and supple-
mented), transmitted by the President under section 201 of the 
Budget and Accounting Act, 1921. 
SEC. 113. Funds available under the Department of Justice Appro-
priation Act, Fiscal Year 1979 (Public Law 95-431) for support of 92 Stat. 1025. 
United States prisoners shall be available as follows: 
(a) The Attorney General is authorized to use the appropri-
ation "Support of United States Prisoners" to enter into con-
tracts or cooperative agreements to assist the government of any 
State, territory, or political subdivision thereof, for the necessary 
physical renovation, and the acquisition of equipment, supplies, 
services, or materials required to raise the level of conditions of 
confinement and facility services of any substandard facility 
which confines Federal detainees. 
(b) This section shall apply only insofar as it is not inconsistent 
with section 4006 of title 18, United States Code. 
(c) Authority provided by this section shall be available from 
September 26, 1979, and all obligations incurred in anticipation 
of the authority provided in this section are hereby ratified and 
confirmed if otherwise in conformance with the provisions of this 
section. 
93 STAT. 662 
PUBLIC LAW 96-86~OCT. 12, 1979 
Issuance of 
certificates. 
45 u s e 662. 
49 u s e 1654. 
Funds, 
prohibition. 
Abortions. 
Funds, 
prohibition. 
SEC. 114. Notwithstanding the provisions of the paragraph entitled 
"Capital Outlay" in title II of the District of Columbia Appropriation 
Act, 1978, providing for the expiration of certain authorizations and 
the lapse of certain funds for capital outlay projects, the authoriza-
tion for the capital outlay project involving the construction of phase 
I of the downtown permanent campus of the University of the District 
of Columbia located north of Mount Vernon Square and the funds 
appropriated in connection therewith by the District of Columbia 
Appropriation Act, 1978, shall, subject to the last proviso of such 
paragraph, expire on September 30, 1980, unless funds have been 
obligated in whole or in part prior to such date. 
SEC. 115. (a) Section 3(e) of Public Law 91-663 is amended by adding 
at the end thereof the following: "With respect to a railroad which 
filed a petition for reorganization during fiscal year 1978, during the 
period October 1,1979, through November 30,1979, certificates shall 
be issued without regard to the limitations of subsection (a) and with 
such priority in payment as the Secretary deems appropriate to 
secure repayment, for the purpose of continuing service on the 
railroad system at the level in effect on October 1,1979." 
(b) Section 5(h)(2)(A) of Public Law 89-670, as amended, is further 
amended by striking "but has not yet" and inserting in lieu thereof 
"or has". 
SEC. 116. None of the funds contained in this Act shall be used for 
the reorganization of the Alaska Railroad Office of the Chief Counsel, 
Office of Real Estate or Office of Financial Planning, or for the 
consolidation of those Offices into the Office of the Alaska Railroad 
General Manager. 
SEC. 117. All obligations incurred in anticipation of the appropri-
ations and authority provided in this joint resolution are hereby 
ratified and confirmed if otherwise in accordance with the provisions 
of this joint resolution. 
SEC. 118. Notwithstanding any other provision of this joint resolu-
tion except section 102, none of the Federal funds provided by this 
joint resolution for the District of Columbia, Foreign Assistance and 
Related Programs, the Departments of Labor and Health, Education, 
and Welfare, or the Department of Defense 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 of rape or incest, when such rape or incest 
has been reported promptly to a law enforcement agency or public 
health service; 
PUBLIC LAW 96-86—OCT. 12, 1979 
93 STAT. 663 
Nor are payments prohibited for drugs or devices to prevent 
implantation of the fertilized ovum, or for medical procedures neces-
sary for the termination of an ectopic pregnancy. 
Approved October 12, 1979. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 96-500 (Comm. on Appropriations) and No. 96-513 (Comm. of 
CONGRESSIONAL RECORD, Vol. 125 (1979): 
Oct. 9, considered and passed House. 
Oct. 10, considered and passed Senate, amended. 
Oct. 12, House agreed to conference report, concurred in one Senate amend-
ment and concurred with amendment in another; Senate agreed to confer-
ence report and concurred in House amendment.