PUBLIC LAW 97-473, 96 STAT. 2605
respect to the tax treatment of
periodic payments for damages received on account of
personal injury or sickness,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. AMENDMENT OF 1954 CODE.
Whenever in title I or II an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1954. // 26 USC 1. //
SEC. 101. TREATMENT OF RECIPIENT OF SETTLEMENT PERIODIC PAYMENTS.
(a) Treatment of Recipient.-Paragraph (2) of section 104(a) // 26 USC
104. // (relating to compensation for injuries or sickness) is amended
by striking out "whether by suit or agreement" and inserting in lieu
thereof "whether by suit or agreement and whether as lump sums or as
periodic payments".
(b) Treatment of Assignee-Payor.--,
(1) In general.-Part III of subchapter B of chapter 1 (relating
to items specifically excluded from gross income) is amended by
redesignating section 130 as section 131
// 26 USC 131. //
and by inserting after section 129 the following new section:
" SEC. 130. // 26 USC 130. // CERTAIN PERSONAL INJURY LIABILITY
ASSIGNMENTS.
"(a) In General.-Any amount received for agreeing to a qualified
assignment shall not be included in gross income to the extent that such
amount does not exceed the aggregate cost of any qualified funding
assets.
(b) Treatment of Qualified Funding Asset.-In the case of any
qualified funding asset--,
"(1) the basis of such asset shall be reduced by the amount
excluded from gross income under subsection (a) by reason of the
purchase of such asset, and
"(2) any gain recognized on a disposition of such asset shall
be treated as ordinary income.
"(c) Qualified Assignment.-For purposes of this section, the term
'qualified assignment' means any assignment of a liability to make
periodic payments as damages (whether by suit or agreement) on account
of personal injury or sickness--,
"(1) if the assignee assumes such liability from a person who
is a party to the suit or agreement, and
"(2) if--,
such
payments,
such
payments rights against the assignee which are greater
than those of a general creditor,
of the
person who assigned the liability, and
"(d) Qualified Funding Asset.-For purposes of this section, the term
'qualified funding asset' means any annuity contract issued by a company
licensed to do business as an insurance company under the laws of any
State, or any obligation of the United States, if--,
"(1) such annuity contract or obligation is ued by the assignee
to fund periodic payments under any qualified assignment,
"(2) the periods of the payments under the annuity contract or
obligation are reasonably related to the periodic payments under
the qualified assignment, and the amount of any such payment under
the contract or obligation does not exceed the periodic payment to
which it relates,
"(3) such annuity contract or obligation is designated by the
taxpayer (in such manner as the Secretary shall by regulations
prescribe) as being taken into account under this section with
respect to such qualified assignment, and
"(4) such annuity contract or obligation is purchased by the
taxpayer not more than 60 days before the date of the qualified
assignment and not later than 60 days after the date of such
assignment."
(2) Conforming amendment.-The table of section for part III of
subchapter B of chapter 1 is amended by striking out the item
relating to section 130 and inserting in lieu thereof the
following new items:
assignments.
(c) Effective Date.-The amendments made by this section // 26 USC
130. // shall apply to taxable years ending after December 31, 1982.
SEC. 102. EXCLUSION FROM GROSS INCOME FOR CERTAIN FOSTER CARE
PAYMENTS.
(a) In General.-Part III of subchapter B of chapter 1 (relating to
items specifically excluded from gross income), as amended by section
101(b), // 26 USC 132. // is amended by redesignating section 131 as
section 132 and by inserting after section 130 the following new
section:
" SEC. 131. // 26 USC 131. // CERTAIN FOSTER CARE PAYMENTS.
"(a) General Rule.-Gross income shall not include amounts received by
a foster parent during the taxable year as qualified foster care
payments.
"(b) Qualified Foster Care Payment Defined.-For purposes of this
section--,
"(1) In general.-The term 'qualified foster care payment' means
any amount--,
in
section 501(c)(3) and exempt from tax under
section 501(a),
and
"(2) QUALIFIED FOSTER CHILD.- The term 'qualified foster child
' means any individual who--,
"(c) Difficulty of Care Payments.-For purposes of this section--,
"(1) Difficulty of care payments.-The term 'difficulty of care
payments' means payments to individuals which are not described in
subsection (b)(1)(B)(i), and which--,
"(2) Limitation based on number of children.-In the case of any
foster home, difficulty of care payments for any period to which
such payments relate shall not be excludable from gross income
under subsection (a) to the extent such payments are made for more
than 10 qualified foster children."
(b) Clerical Amendment.-The table of sections for part III of
subchapter B of chapter 1 is amended by striking out the item relating
to section 131 and by inserting in lieu thereof the following items:
(c) Effective Date.-The amendments made by this section // 26 USC
131. // shall apply to taxable years beginning after December 31, 1978.
SEC. 201. // 26 USC 1. // SHORT TITLE.
This title may be cited as the Indian Tribal Governmental Tax Status
Act of 1982".
SEC. 202. INDIAN TRIBAL GOVERNMENTS TREATED AS STATES FOR CERTAIN
PURPOSES.
(a) General Rule.-Chapter 80 (relating to general rules) is amended
by adding at the end thereof the following new subchapter:
Subtitle
States for certain purposes.
" SEC. 7871. // 26 USC 7871. // INDIAN TRIBAL GOVERNMENTS TREATED AS
STATES FOR CERTAIN PURPOSES.
"(a) General Rule.-An Indian tribal government shall be treated as a
State--,
"(1) for purposes of determining whether and in what amount any
contribution or transfer to or for the use of such government (or
political subdivision thereof) is deductible under--,
religious
uses), or
charitable
and similar gifts);
"(2) subject to subsection (b), for purposes of any exemption
from, credit or refund of, or payment with respect to, an excise
tax imposed by--,
// 26 USC 4041. //
(relating to tax on special fuels),
// 26 USC 4061. //
(relating to manufacturers excise taxes),
// 26 USC 4251. //
(relating to communications
excise tax), or
// 26 USC 4481. //
(relating to tax on use of
certain highway vehicles);
"(3) for purposes of section 164 (relating to deduction for
taxes);
"(4) subject to subsection (c), for purposes of section 103
(relating to interest on certain governmental obligations);
"(5) for purposes of section 511(a)(2)(B) (relating to the
taxation of colleges and universities which are agencies or
instrumentalities of governments or their political subdivisions);
"(6) for purposes of--,
retirement
systems),
credit
for contribution to candidates for public offices),
fellowship
grants), and
of
contributions of certain employers for employee
annuities);
and
"(7) for purposes of--,
// 26 USC 4911. //
(relating to tax on excess expenditures to
influence legislation), and
// 26 USC 4940. //
(relating to private
foundations).
"(b) Additional Requirements for Excise Tax Exemptions.--, Paragraph
(2) of subsection (a) shall apply with respect to any transaction only
if, in addition to any other requirement of this title applicable to
similar transactions involving a State or political subdivision thereof,
the transaction involves the exercise of an essential governmental
function of the Indian tribal government.
"(c) Additional Requirements for Tax-exempt Bonds.--,
"(1) In general.-Subsection (a) of section 103 shall apply to
any obligation (not described in paragraph (2)) issued by an
Indian tribal government (or subdivision thereof) only if such
obligation is part of an issue substantially all of the proceeds
of which are to be used in the exercise of any essential
governmental function.
"(2) No exemption for certain private-activity bonds.--,
Subsection (a) of section 103 shall not apply to any of the
following issued by an Indian tribal government (or subdivision
thereof):
section
103(b)(2)).
(relating
to scholarship bonds).
paragraph (1)
of section 103 A(b) without regard to paragraph (2)
thereof).
"(d) Treatment of Subdivisons of Indian Tribal Governments as
Political Subdivisions.-For the purposes specified in subsection (a), a
subdivision of an Indian tribal government shall be treated as a
political subdivision of a State if (and only if) the Secretary
determines (after consultation with the Secretary of the Interior) that
such subdivision has been delegated the right to exercise one or more of
the substantial governmental functions of the Indian tribal government."
(b) Conforming Amendments Relating to Cross References.--,
(1) Subsection (d) of section 41
// 26 USC 41. //
is amended to read as follows:
"(d) Cross References.--,
see section
642(a)(2).
States (and the
political subdivisions of Indian tribal governments as
political subdivisions
of States), see section 7871."
(2) Subsection (m) of section 103
// 26 USC 103. //
is amended to read as follows:
"(m) Cross References.--,
" For provisions relating to the taxable status of--,
governments (or their
subdivisions), see section 7871.
companies, see
section 852(b)(5)(B).
March 2, 1917, as
amended (48 U.S.C. 745).
section 1 of the Act
of October 27, 1919 (48 U.S.C. 1403).
Housing Act of 1949,
see section 102(g) of title I of such Act (42
U.S.C. 1452(g))."
(3) Section 164(f)
// 26 USC 164. //
is amended by adding at the end thereof the following new
paragraph.
governments (or
their subdivisions), see section 7871."
(4) Section 170(k)
// 26 USC 170. //
is amended by adding at the end thereof the following new
paragraph:
Indian tribal governments
(or their subdivisions), see section 7871."
(5) Section 2055(f)
// 26 USC 2055. //
is amended by adding at the end thereof the following new
paragraph:
use of Indian
tribal governments (or their subdivisions), see section
7871."
(6) Subparagraph (F) of section 2106(a)(2)
// 26 USC 2106. //
is amended to read as follows:
deduction under
this section, see section 2032.
of the United
States and for rules of construction for certain
bequests, see section
2055(f).
use of Indian
tribal governments (or their subdivisions), see section
7871."
(7) Subsection (d) of section 2522
// 26 USC 2522. //
is amended to read as follows:
"(d) Cross References.--,
benefit of the United
States and for rules of construction with respect to
certain bequests, see
section 2055(f).
tribal governments
(or their subdivisions), see section 7871."
(8) Section 4227
// 26 USC 4227. //
is amended to read as follows:
" SEC. 4227. CROSS REFERENCES.
government (or its
subdivision) for the exclusive use of an Indian tribal
government (or its
subdivision), see section 7871.
section 6416(c)."
(9) The table of sections for subchapter G of chapter 32 is
amended by striking out the item relating to section 4227 and
inserting in lieu thereof the following new item:
(10) Section 4484
// 26 USC 4484. //
is amended to read as follows:
" SEC. 4484. CROSS REFERENCES.
applicable to this subchapter,
see subtitle F.
governments (or their subdivisions),
see section 7871."
(11) The table of sections for subchapter D of chapter 36 is
amended by striking out the item relating to section 4484 and
inserting in lieu thereof the following new item:
(12) Sections 6420(h) and 6421(j)
// 26 USC 6420, 6421. //
are each amended by adding at the end thereof the following new
paragraph:
State and a
subdivision of an Indian tribal government as a
political subdivision of a
State), see section 7871."
(13) Sections 6424(g) and 6427(k)
// 26 USC 6424, 6427. //
are each amended by adding at the end thereof the following new
paragraph:
State (and a
subdivision of an Indian tribal government as a
political subdivision of a
State), see section 7871."
(c) Clerical Amendment.-The table of subchapters for chapter 80 is
amended by adding at the end thereof the following new item:
" Subchapter C. Provisions affecting more than one subtitle."
SEC. 203. DEFINITION OF INDIAN TRIBAL GOVERNMENT.
Subsection (a) of Section 7701 // 26 USC 7701. // (relating to
definitions) is amended by adding at the end thereof the following new
paragraph:
"(40) Indian tribal government.--,
Alaska Natives,
which is determined by the Secretary, after
consultation
with the Secretary of the Interior, to exercise
governmental functions.
determination
under subparagraph (A) with respect to Alaska Natives
shall grant or defer any status or powers other than
those
enumerated in section 7871. Nothing in the Indian
Tribal
Governmental Tax Status Act of 1982, or in the
amendments
made thereby, shall validate or invalidate any claim
by Alaska Natives of sovereign authority over lands or
people."
SEC. 204. // 26 USC 7871. // EFFECTIVE DATES.
The amendments made by this title--,
(1) insofar as they relate to chapter 1 of the Internal Revenue
Code of 1954 (other than section 103 thereof),
// 26 USC 1. //
shall apply to taxable years beginning after December 31, 1982,
and before January 1, 1985,
(2) insofar as they relate to section 103 of such Code, shall
apply to obligations issued after December 31, 1982, and before
January 1, 1985,
(3) insofar as they relate to chapter 11 of such Code,
// 26 USC 2001. //
shall apply to estates of decedents dying after December 31, 1982,
and before January 1, 1985,
(4) insofar as they relate to chapter 12 of such Code,
// 26 USC 2501. //
shall apply to gifts made after December 31, 1982, and before
January 1, 1985, and
(5) insofar as they relate to taxes imposed by subtitle D of
such Code,
// 26 USC 4041. //
shall take effect on January 1, 1983, and shall cease to apply at
the close of December 31, 1984.
SEC. 301. TREATMENT OF HAWAII PREPAID HEALTH CARE ACT UNDER EMPLOYEE
RETIREMENT INCOME SECURITY ACT OF 1974.
(a) Exemption From Preemption.-Section 514(b) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1144(b)) is amended by
adding at the end thereof the following new paragraph:
"(5)(A) Except as provided in subparagraph (B), subsection (a) shall
not apply to the Hawaii Prepaid Health Care Act (Haw. Rev. Stat.
Sections 393 - 1 through 393 - 51).
"(B) Nothing in subparagraph (A) shall be construed to exempt from
subsection (a)--,
"(i) any State tax law relating to employee benefit plans, or
"(ii) any amendment of the Hawaii Prepaid Health Care Act
enacted after September 2, 1974, to the extent it provides for
more than the effective administration of such Act as in effect on
such date.
"(C) Notwithstanding subparagraph (A), parts 1 and 4 of this
subtitle, and the preceding sections of this part to the extent they
govern matters which are governed by the provisions of such parts 1 and
4, shall supersede the Hawaii Prepaid Health Care Act (as in effect on
or after the date of the enactment of this paragraph), but the Secretary
may enter into cooperative arrangements under this paragraph // 29 USC
1136. // and section 506 with officials of the State of Hawaii to
assist them in effectuating the policies of provisions of such Act which
are superseded by such parts.".
(b) Treatment of Other State Laws.-The amendment made by this section
// 29 USC 1144. // shall not be considered a precedent with respect to
extending such amendment to any other State law.
(c) Effective Date.-The amendment made by this section // 29 USC
1144. // shall take effect on the date of the enactment of this Act.
SEC. 302. TREATMENT OF MULTIPLE EMPLOYER WELFARE ARRANGEMENTS UNDER
EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974.
(a) Definition of Multiple Employer Welfare Arrangement.--, Section 3
of the Employee Retirement Income Security Act of 1974 (29 U.S.C.
1002), relating to definitions, is amended by adding at the end thereof
the following new paragraph:
"(40)(A) The term 'multiple employer welfare arrangement' means an
employee welfare benefit plan, or any other arrangement (other than an
employee welfare benefit plan), which is established or maintained for
the purpose of offering or providing any benefit described in paragraph
(1) to the employees of two or more employers (including one or more
self-employed individuals), or to their beneficiaries, except that such
term does not include any such plan or other arrangement which is
established or maintained--,
"(i) under or pursuant to one or more agreements which the
Secretary finds to be collective bargaining agreements, or
"(ii) by a rural electric cooperative.
"(B) For purposes of this paragraph--,
"(i) two or more trades or businesses, whether or not
incorporated, shall be deemed a single employer if such trades or
businesses are within the same control group,
"(ii) the term 'control group' means a group of trades or
businesses under common control,
"(iii) the determination of whether a trade or business is
under 'common control' with another trade or business shall be
determined under regulations of the Secretary applying principles
similar to the principles applied in determining whether employees
of two or more trades or businesses are treated as employed by a
single employer under section 4001(b),
// 29 USC 1301. //
except that, for purposes of this paragraph, common control shall
not be based on an interest of less than 25 percent, and
"(iv) the term 'rural electric cooperative' means--,
// 26 USC 501. //
and
which is engaged primarily in providing electric
service on
a mutual or cooperative basis, and
of
section 501(c) of the Internal Revenue Code of 1954
// 26 USC 501. //
which is
exempt from tax under section 501(a) of such Code and
at
least 80 percent of the members of which are
organizations
described in subclause (I)."
(b) Limitation on Preemption of State Law With Regard to Welfare
Plans Which Are Multiple Employer Welfare Arrangements.--, Section 514(
b) of the Employee Retirement Income Security Act of 1974 (29 U.S.C.
1144(b)), as amended by section 301 of this Act, is further amended by
adding at the end thereof the following new paragraph:
"(6)(A) Notwithstanding any other provision of this section--,
"(i) in the case of an employee welfare benefit plan which is a
multiple employer welfare arrangement and is fully insured (or
which is a multiple employer welfare arrangement subject to an
exemption under subparagraph (B)), any law of any State which
regulates insurance may apply to such arrangement to the extent
that such law provides--,
contributions,
which any such plan, or any trust established under
such a
plan, must meet in order to be considered under such law
able to pay benefits in full when due, and
"(ii) in the case of any other employee welfare benefit plan
which is a multiple employer welfare arrangement, in addition to
this title, any law of any State which regulates insurance may
apply to the extent not inconsistent with the preceding sections
of this title.
"(B) The Secretary may, under regulations which may be prescribed by
the Secretary, exempt from subparagraph (A)(ii), individually or by
class, multiple employer welfare arrangements which are not fully
insured. Any such exemption may be granted with respect to any
arrangement or class of arrangements only if such arrangement or each
arrangement which is a member of such class meets the requirements of
section 3(1) and section 4 // 29 USC 1002, 1003. // necessary to be
considered an employee welfare benefit plan to which this title applies.
"(C) Nothing in subparagraph (A) shall affect the manner or extent to
which the provisions of this title apply to an employee welfare benefit
plan which is not a multiple employer welfare arrangement and which is a
plan, fund, or program participating in, subscribing to, or otherwise
using a multiple employer welfare arrangement to fund or administer
benefits to such plan's participants and beneficiaries.
"(D) For purposes of this paragraph, a multiple employer welfare
arrangement shall be considered fully insured only if the terms of the
arrangement provide for benefits the amount of all of which the
Secretary determines are guaranteed under a contract, or policy of
insurance, issued by an insurance company, insurance service, or
insurance organization, qualified to conduct business in a State."
(c) Effective Date.-The amendments made by this section // 29 USC
1002. // shall take effect on the date of the enactment of this Act.
Approved January 14, 1983.
LEGISLATIVE HISTORY-H.R. 5470:
HOUSE REPORTS: No. 97 - 832 (Comm. on Ways and Means) and No. 97 -
984 (Comm. of Conference).
SENATE REPORT: No. 97 - 646 (Comm. on Finance).
CONGRESSIONAL RECORD, Vol. 128 (1982):
Sept. 20, considered and passed House.
Oct. 1, considered and passed Senate, amended.
Dec. 13, House agreed to Senate amendment with an amendment.
Dec. 21, House and Senate agreed to conference report.
PUBLIC LAW 97-472, 96 STAT. 2603
ending December 31, 1983,
as the " Tricentennial Anniversary Year of German
Settlement in America".
Whereas October 6, 1983, is the three hundredth anniversary of German
settlement in America at Philadelphia, Pennsylvania;
Whereas such date marks the beginning of the immeasurable human,
economic, political, social, and cultural contributions to this country
by millions of German immigrants over the past three centuries;
Whereas today the United States of America and the Federal Republic
of Germany continue their close friendship based on the common values of
democracy, guaranteed individual liberties, tolerance of personal
differences, and opposition to totalitarianism; and
Whereas it is fitting that this historic event be commemorated in
such a manner as to celebrate German-American friendship and to focus on
the democratic values that bind us together: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the period commencing
January 1, 1983, and ending December 31, 1983, is hereby designated as
the " Tricentennial Anniversary Year of German Settlement in America",
and the President is authorized and requested to issue a proclamation
calling upon the people of the United States to observe the year with
appropriate ceremonies and activities.
Sec. 2. As a concrete demonstration of our commitment to the
enduring United States-German relationship, and as an act of celebration
to inaugurate the Tricentennial Year, we express our strong support for
the President's Youth Exchange Initiative, and especially the concept of
a United States-German teenage exchange sponsored by the Members of the
United States Congress and the West German Bundestag, and emphasizing
home stays with families.
Sec. 3. (a) There is hereby established a Commission to be known as
the Presidential Commission for the German-American Tricentennial
(hereinafter referred to as the " Commission") to plan, encourage,
develop, and coordinate the commemoration of the German-American
Tricentennial. In preparing its plans and carrying out its program, the
Commission shall give due consideration to any related plans and
programs developed by State, local, private, and foreign groups.
(b) The Commission shall be composed of not more than 40 members,
appointed by the President, ten of whom shall be appointed upon the
recommendation of the Speaker of the House of Representatives, and ten
of whom shall be appointed upon the recommendation of the President pro
tempore of the Senate, in consultation with the majority leader and
minority leader of the Senate. One member shall be the Chief Justice of
the United States or his designee. The members shall be from the public
and private sectors and the President shall designate a member from the
private sector as Chairman. The members of the Commission shall receive
no compensation for their services as such but may be allowed necessary
travel expenses, as authorized by law, to carry out Commission
activities.
(c) The Commission is authorized to encourage the participation of,
and receive donations of money, property and personal services from,
public and private organizations and individuals to assist the
Commission in carrying out its responsibilities. The Director of the
United States Information Agency is authorized to provide administrative
services and staff support to the Commission, as necessary, for which
reimbursement shall be made from funds of the Commission under section
686 of title 31, United States Code, in such amounts as may be agreed
upon by the Chairman of the Commission and the Director. The heads of
other Executive agencies and departments are also authorized and
requested to cooperate with and assist the Commission in fulfilling its
responsibilities.
(d) The Commission shall have power to appoint and fix the
compensation of such personnel as it deems advisable and to appoint such
advisory committees as it deems necessary. The Commission may also
procure temporary and intermittent services as authorized by section
3109(b) of title 5, United States Code. The Commission shall have
authority to make contracts and grants as necessary and appropriate to
carry out its program.
(e) The Commission may use the United States mails in the same manner
and under the same conditions as other departments and agencies of the
United States.
(f) All expenditures of the Commission shall be made from donated
funds.
(g) A report of the Commission's activities shall be made to Congress
no later than January 31, 1984, upon which date the Commission shall
terminate.
Approved January 14, 1983.
LEGISLATIVE HISTORY-- S.J. Res. 260:
CONGRESSIONAL RECORD, Vol. 128 (1982):
Oct. 1, considered and passed Senate.
Dec. 17, considered and passed House, amended.
Dec. 19, Senate concurred in House amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 19, No. 2 (1983):
Jan. 14, Presidential statement.
PUBLIC LAW 97-471, 96 STAT. 2601
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 129 of
title 28, United States Code, is amended--,
(1) in subsection (a) by--,
(2) in subsection (b) by--,
" Webster,";
and
thereof " Lewisburg, and Parkersburg.".
Sec. 2. (a) The existing district judgeship for the Southern
District of West Virginia, authorized by section 2 of the Act // 28 USC
133. // entitled " An Act to provide for the appointment of additional
district and circuit judges and for other purposes", approved October
20, 1978 (92 Stat. 1632; 28 U.S.C. 133 note), shall, as of the date of
enactment of this Act, be authorized under section 133 of title 28 of
the United States Code as a district judgeship for the Northern District
of West Virginia, and the incumbent of that office shall henceforth hold
office under section 133, as amended by this Act.
(b) The existing district judgeship for the Northern and Southern
Districts of West Virginia shall be authorized as the district judgeship
for the Southern District.
Sec. 3. The table in section 133 of title 28, United States Code, is
amended by striking out the following:
" West Virginia:
" Northern................................... 1
" Southern................................... 3
" Northern and Southern.....................1", and inserting
in lieu thereof the following:
" West Virginia:
" Northern................................... 2
" Southern................................... 4".
Approved January 14, 1983.
LEGISLATIVE HISTORY-S. 3105:
CONGRESSIONAL RECORD, Vol. 128 (1982):
Dec. 15, considered and passed Senate.
Dec. 20, considered and passed House.
PUBLIC LAW 97-470, 96 STAT. 2583
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. This Act, "29 USC 1801 note" together with the following
table of contents, may be cited as the "Migrant and Seasonal
Agricultural Worker Protection Act".
Sec. 1. Short title; table of contents.
Sec. 2. Purpose.
Sec. 3. Definitions.
Sec. 4. Application of Act
Sec. 101. Certificate of registration required.
Sec. 102. Issuance of certificate of registration.
Sec. 103. Registration determinations.
Sec. 104. Transfer or assignment; expiration; renewal.
Sec. 105. Notice of address change; amendment of certificate of
registration.
Sec. 106. Prohibition against employing illegal aliens.
Sec. 201. Information and recordkeeping requirements.
Sec. 202. Wages, supplies, and other working arrangements.
Sec. 203. Safety and health of housing.
Sec. 301. Information and recordkeeping requirements.
Sec. 302. Wages, supplies, and other working arrangements.
Sec. 401. Motor vehicle safety.
Sec. 402. Confirmation of registration.
Sec. 403. Information on employment conditions.
Sec. 404. Compliance with written agreements.
Sec. 501. Criminal sanctions.
Sec. 502. Judicial enforcement.
Sec. 503. Administrative sanctions.
Sec. 504. Private right of action.
Sec. 505. Discrimination prohibited.
Sec. 506. Waiver of rights.
Sec. 511. Rules and regulations.
Sec. 512. Authority to obtain information.
Sec. 513. Agreements with Federal and State agencies.
Sec. 521. State laws and regulations.
Sec. 522. Transition provision.
Sec. 523. Repealer.
Sec. 524. Effective date.
SEC. 2. It is the purpose of this Act "29 USC 1801" to remove the
restraints on commerce caused by activities detrimental to migrant and
seasonal agricultural workers; to require farm labor contractors to
register under this Act; and to assure necessary protections for
migrant and seasonal agricultural workers, agricultural associations,
and agricultural employers.
SEC. 3. As used in this Act "29 USC 1802" --
(1) The term "agricultural association" means any nonprofit or
cooperative association of farmers, growers, or ranchers,
incorporated or qualified under applicable State law, which
recruits, solicits, hires, employs, furnishes, or transports any
migrant or seasonal agricultural worker.
(2) The term "agricultural employer" means any person who owns
or operates a farm, ranch, processing establishment, cannery, gin,
packing shed or nursery, or who produces or conditions seed, and
who either recruits, solicits, hires, employs, furnishes, or
transports any migrant or seasonal agricultural worker.
(3) The term "agricultural employment" means employment in any
service or activity included within the provisions of section 3(
f) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(f)), or
section 3121(g) of the Internal Revenue Code of 1954 (26 U.S.C.
3121(g)) and the handling, planting, drying, packing, packaging,
processing, freezing, or grading prior to delivery for storage of
any agricultural or horticultural commodity in its unmanufactured
state.
(4) The term "day-haul operation" means the assembly of workers
at a pick-up point waiting to be hired and employed,
transportation of such workers to agricultural employment, and the
return of such workers to a drop-off point on the same day.
(5) The term "employ" has the meaning given such term under
section 3(g) of the Fair Labor Standards Act of 1938 (29 U.S.C.
203(g)) for the purposes of implementing the requirements of that
Act.
(6) The term "farm labor contracting activity" means
recruiting, soliciting, hiring, employing, furnishing, or
transporting any migrant or seasonal agricultural worker.
(7) The term "farm labor contractor" means any person, other
than an agricultural employer, an agricultural association, or an
employee of an agricultural employer or agricultural association,
who, for any money or other valuable consideration paid or
promised to be paid, performs any farm labor contracting activity.
(8)(A) Except as provided in subparagraph (B), the term
"migrant agricultural worker" means an individual who is employed
in agricultural employment of a seasonal or other temporary
nature, and who is required to be absent overnight from his
permanent place of residence.
(B) The term "migrant agricultural worker" does not include --
(i) any immediate family member of an agricultural employer or
a farm labor contractor; or
(ii) any temporary nonimmigrant alien who is authorized to work
in agricultural employment in the United States under sections
101(a)(15)(H)(ii) and 214(c) of the Immigration and Nationality
Act. "8 USC 1101, 1184"
(9) The term "person" means any individual, partnership,
association, joint stock company, trust, cooperative, or
corporation.
(10)(A) Except as provided in subparagraph (B), the term
"seasonal agricultural worker" means an individual who is employed
in agricultural employment of a seasonal or other temporary nature
and is not required to be absent overnight from his permanent
place of residence --
(i) when employed on a farm or ranch performing field work
related to planting, cultivating, or harvesting operations; or
(ii) when employed in canning, packing, ginning, seed
conditioning or related research, or processing operations, and
transported, or caused to be transported, to or from the place of
employment by means of a day-haul operation.
(B) The term "seasonal agricultural worker" does not include --
(i) any migrant agricultural worker;
(ii) any immediate family member of an agricultural employer or
a farm labor contractor; or
(iii) any temporary nonimmigrant alien who is authorized to
work in agricultural employment in the United States under
sections 101(a)(15)(H)(ii) and 214(c) of the Immigration and
Nationality Act.
(11) The term "Secretary" means the Secretary of Labor or the
Secretary's authorized representative.
(12) The term "State" means any of the States of the United
States, the District of Columbia, the Virgin Islands, the
Commonwealth of Puerto Rico, and Guam.
SEC. 4. (a) The following persons are not subject to this Act: --
"29 USC 1803."
(1) FAMILY BUSINESS EXEMPTION. -- Any individual who engages
in a farm labor contracting activity on behalf of a farm,
processing establishment, seed conditioning establishment,
cannery, gin, packing shed, or nursery, which is owned or operated
exclusively by such individual or an immediate family member of
such individual, if such activities are performed only for such
operation and exclusively by such individual or an immediate
family member, but without regard to whether such individual has
incorporated or otherwise organized for business purposes.
(2) SMALL BUSINESS EXEMPTION. -- Any person, other than a farm
labor contractor, for whom the man-days exemption for agricultural
labor provided under section 13(a)(6)(A) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 213(a)(6)(A)) is applicable.
(3) OTHER EXEMPTIONS. -- (A) Any common carrier which would be
a farm labor contractor solely because the carrier is engaged in
the farm labor contracting activity of transporting any migrant or
seasonal agricultural worker.
(B) Any labor organization, as defined in section 2(5) of the
Labor Management Relations Act (29 U.S.C. 152(5)) (without regard
to the exclusion of agricultural employees in that Act) or as
defined under applicable State labor relations law.
(C) Any nonprofit charitable organization or public or private
nonprofit educational institution.
(D) Any person who engages in any farm labor contracting
activity solely within a twenty-five mile intrastate radius of
such person's permanent place of residence and for not more than
thirteen weeks per year.
(E) Any custom combine, hay harvesting, or sheep shearing
operation.
(F) Any custom poultry harvesting, breeding, debeaking,
desexing, or health service operation provided the employees of
the operation are not regularly required to be away from their
permanent place of residence other than during their normal
working hours.
(G)(i) Any person whose principal occupation or business is not
agricultural employment, when supplying full-time students or
other individuals whose principal occupation is not agricultural
employment to detassel, rogue, or otherwise engage in the
production of seed and to engage in related and incidental
agricultural employment, unless such full-time students or other
individuals are required to be away from their permanent place of
residence overnight or there are individuals under eighteen years
of age who are providing transportation on behalf of such person.
(ii) Any person to the extent he is supplied with students or
other individuals for agricultural employment in accordance with
clause (i) of this subparagraph by a person who is exempt under
such clause.
(H)(i) Any person whose principal occupation or business is not
agricultural employment, when supplying full-time students or
other individuals whose principal occupation is not agricultural
employment to string or harvest shade grown tobacco and to engage
in related and incidental agricultural employment, unless there
are individuals under eighteen years of age who are providing
transportation on behalf of such person.
(ii) Any person to the extent he is supplied with students or
other individuals for agricultural employment in accordance with
clause (i) of this subparagraph by a person who is exempt under
such clause.
(I) Any employee of any person described in subparagraphs (A)
through (H) when performing farm labor contracting activities
exclusively for such person.
(b) Title I of this Act does not apply to any agricultural
employer or agricultural association or to any employee of such an
employer or association.
SEC. 101. "29 USC 1811" (a) No person shall engage in any farm labor
contracting activity, unless such person has a certificate of
registration from the Secretary specifying which farm labor contracting
activities such person is authorized to perform.
(b) A farm labor contractor shall not hire, employ, or use any
individual to perform farm labor contracting activities unless such
individual has a certificate of registration, or a certificate of
registration as an employee of the farm labor contractor employer, which
authorizes the activity for which such individual is hired, employed, or
used. The farm labor contractor shall be held responsible for
violations of this Act or any regulation under this Act by any employee
regardless of whether the employee possesses a certificate of
registration based on the contractor's certificate of registration.
(c) Each registered farm labor contractor and registered farm labor
contractor employee shall carry at all times while engaging in farm
labor contracting activities a certificate of registration and, upon
request, shall exhibit that certificate to all persons with whom they
intend to deal as a farm labor contractor or farm labor contractor
employee.
(d) The facilities and the services authorized by the Act of June 6,
1933 (29 U.S.C. 49 et seq.), known as the Wagner-Peyser Act, shall be
denied to any farm labor contractor upon refusal or failure to produce,
when asked, a certificate of registration.
SEC. 102. "29 USC 1812." The Secretary, after appropriate
investigation and approval, shall issue a certificate of registration
(including a certificate of registration as an employee of a farm labor
contractor) to any person who has filed with the Secretary a written
application containing the following:
(1) a declaration, subscribed and sworn to by the applicant,
stating the applicant's permanent place of residence, the farm
labor contracting activities for which the certificate is
requested, and such other relevant information as the Secretary
may require;
(2) a statement identifying each vehicle to be used to
transport any migrant or seasonal agricultural worker and, if the
vehicle is or will be owned or controlled by the applicant,
documentation showing that the applicant is in compliance with the
requirements of section 401 with respect to each such vehicle;
(3) a statement identifying each facility or real property to
be used to house any migrant agricultural worker and, if the
facility or real property is or will be owned or controlled by the
applicant, documentation showing that the applicant is in
compliance with section 203 with respect to each such facility or
real property;
(4) a set of fingerprints of the applicant; and
(5) a declaration, subscribed and sworn to by the applicant,
consenting to the designation by a court of the Secretary as an
agent available to accept service of summons in any action against
the applicant, if the applicant has left the jurisdiction in which
the action is commenced or otherwise has become unavailable to
accept service.
SEC. 103. "29 USC 1813" (a) In accordance with regulations, the
Secretary may refuse to issue or renew, or may suspend or revoke, a
certificate of registration (including a certificate of registration as
an employee of a farm labor contractor) if the applicant or holder --
(1) has knowingly made any misrepresentation in the application
for such certificate;
(2) is not the real party in interest in the application or
certificate of registration and the real party in interest is a
person who has been refused issuance or renewal of a certificate,
has had a certificate suspended or revoked, or does not qualify
under this section for a certificate;
(3) has failed to comply with this Act or any regulation under
this Act;
(4) has failed --
(A) to pay any court judgment obtained by the Secretary or any
other person under this Act or any regulation under this Act or
under the Farm Labor Contractor Registration Act of 1963 or any
regulation under such Act, or
(B) to comply with any final order issued by the Secretary as a
result of a violation of this Act or any regulation under this Act
or a violation of the Farm Labor Contractor Registration Act of
1963 or any regulation under such Act; or
(5) has been convicted within the preceding five years --
(A) of any crime under State or Federal law relating to
gambling, or to the sale, distribution or possession of alcoholic
beverages, in connection with or incident to any farm labor
contracting activities; or
(B) of any felony under State or Federal law involving robbery,
bribery, extortion, embezzlement, grand larceny, burglary, arson,
violation of narcotics laws, murder, rape, assault with intent to
kill, assault which inflicts grievous bodily injury, prostitution,
peonage, or smuggling or harboring individuals who have entered
the United States illegally.
(b)(1) The person who is refused the issuance or renewal of a
certificate or whose certificate is suspended or revoked under
subsection (a) shall be afforded an opportunity for agency hearing, upon
request made within thirty days after the date of issuance of the notice
of the refusal, suspension, or revocation. In such hearing, all issues
shall be determined on the record pursuant to section 554 of title 5,
United States Code. If no hearing is requested as herein provided, the
refusal, suspension, or revocation shall constitute a final and
unappealable order.
(2) If a hearing is requested, the initial agency decision shall be
made by an administrative law judge, and such decision shall become the
final order unless the Secretary modifies or vacates the decision.
Notice of intent to modify or vacate the decision of the administrative
law judge shall be issued to the parties within thirty days after the
decision of the administrative law judge. A final order which takes
effect under this paragraph shall be subject to review only as provided
under subsection (c).
(c) Any person against whom an order has been entered after an agency
hearing under this section may obtain review by the United States
district court for any district in which he is located or the United
States District Court for the District of Columbia by filing a notice of
appeal in such court within thirty days from the date of such order, and
simultaneously sending a copy of such notice by registered mail to the
Secretary. The Secretary shall promptly certify and file in such court
the record upon which the order was based. The findings of the
Secretary shall be set aside only if found to be unsupported by
substantial evidence as provided by section 706(2)(E) of title 5, United
States Code. Any final decision, order, or judgment of such District
Court concerning such review shall be subject to appeal as provided in
chapter 83 of title 28, United States Code. "28 USC 1291 et seq."
SEC. 104. "29 USC 1814" (a) A certificate of registration may not be
transferred or assigned.
(b)(1) Unless earlier suspended or revoked, a certificate shall
expire twelve months from the date of issuance, except that (A)
certificates issued under this Act during the period beginning December
1, 1982, and ending November 30, 1983, may be issued for a period of up
to twenty-four months for the purpose of an orderly transition to
registration under this Act, (B) a certificate may be temporarily
extended by the filing of an application with the Secretary at least
thirty days prior to its expiration date, and (C) the Secretary may
renew a certificate for additional twelve-month periods or for periods
in excess of twelve months but not in excess of twenty-four months.
(2) Eligibility for renewals for periods of more than twelve months
shall be limited to farm labor contractors who have not been cited for a
violation of this Act, or any regulation under this Act, or the Farm
Labor Contractor Registration Act of 1963, or any regulation under such
Act, during the preceding five years.
REGISTRATION
SEC. 105. "29 USC 1815" During the period for which the certificate
of registration is in effect, each farm labor contractor shall --
(1) provide to the Secretary within thirty days a notice of
each change of permanent place of residence; and
(2) apply to the Secretary to amend the certificate of
registration whenever the farm labor contractor intends to --
(A) engage in another farm labor contracting activity,
(B) use, or cause to be used, another vehicle than that covered
by the certificate to transport any migrant or seasonal
agricultural worker, or
(C) use, or cause to be used, another real property or facility
to house any migrant agricultural worker than that covered by the
certificate.
SEC. 106. "29 USC 1816" (a) No farm labor contractor shall recruit,
hire, employ, or use, with knowledge, the services of any individual who
is an alien not lawfully admitted for permanent residence or who has not
been authorized by the Attorney General to accept employment.
(b) A farm labor contractor shall be considered to have complied with
subsection (a) if the farm labor contractor demonstrates that the farm
labor contractor relied in good faith on documentation prescribed by the
Secretary, and the farm labor contractor had no reason to believe the
individual was an alien referred to in subsection (a).
SEC. 201. "29 USC 1821" (a) Each farm labor contractor, agricultural
employer, and agricultural association which recruits any migrant
agricultural worker shall ascertain and disclose in writing to each such
worker who is recruited for employment the following information at the
time of the worker's recruitment:
(1) the place of employment;
(2) the wage rates to be paid;
(3) the crops and kinds of activities on which the worker may
be employed;
(4) the period of employment;
(5) the transportation, housing, and any other employee benefit
to be provided, if any, and any costs to be charged for each of
them;
(6) the existence of any strike or other concerted work
stoppage, slowdown, or interruption of operations by employees at
the place of employment; and
(7) the existence of any arrangements with any owner or agent
of any establishment in the area of employment under which the
farm labor contractor, the agricultural employer, or the
agricultural association is to receive a commission or any other
benefit resulting from any sales by such establishment to the
workers.
(b) Each farm labor contractor, agricultural employer, and
agricultural association which employs any migrant agricultural worker
shall, at the place of employment, post in a conspicuous place a poster
provided by the Secretary setting forth the rights and protections
afforded such workers under this Act, including the right of a migrant
agricultural worker to have, upon request, a written statement provided
by the farm labor contractor, agricultural employer, or agricultural
association, of the information described in subsection (a). Such
employer shall provide upon request, a written statement of the
information described in subsection (a).
(c) Each farm labor contractor, agricultural employer, and
agricultural association which provides housing for any migrant
agricultural worker shall post in a conspicuous place or present to such
worker a statement of the terms and conditions, if any, of occupancy of
such housing.
(d) Each farm labor contractor, agricultural employer, and
agricultural association which employs any migrant agricultural worker
shall --
(1) with respect to each such worker, make, keep, and preserve
records for three years of the following information:
(A) the basis on which wages are paid;
(B) the number of piecework units earned, if paid on a
piecework basis;
(C) the number of hours worked;
(D) the total pay period earnings;
(E) the specific sums withheld and the purpose of each sum
withheld; and
(F) the net pay; and
(2) provide to each such worker for each pay period, an
itemized written statement of the information required by
paragraph (1) of this subsection.
(e) Each farm labor contractor shall provide to any other farm labor
contractor, and to any agricultural employer and agricultural
association to which such farm labor contractor has furnished migrant
agricultural workers, copies of all records with respect to each such
worker which such farm labor contractor is required to retain by
subsection (d)(1). The recipient of such records shall keep them for a
period of three years from the end of the period of employment.
(f) No farm labor contractor, agricultural employer, or agricultural
association shall knowingly provide false or misleading information to
any migrant agricultural worker concerning the terms, conditions, or
existence of agricultural employment required to be disclosed by
subsection (a), (b), (c), or (d).
(g) The information required to be disclosed by subsections (a)
through (c) of this section to migrant agricultural workers shall be
provided in written form. Such information shall be provided in English
or, as necessary and reasonable, in Spanish or other language common to
migrant agricultural workers who are not fluent or literate in English.
The Department of Labor shall make forms available in English, Spanish,
and other languages as necessary, which may be used in providing workers
with information required under this section.
SEC. 202. "29 USC 1822" (a) Each farm labor contractor, agricultural
employer, and agricultural association which employs any migrant
agricultural worker shall pay the wages owed to such worker when due.
(b) No farm labor contractor, agricultural employer, or agricultural
association shall require any migrant agricultural worker to purchase
any goods or services solely from such farm labor contractor,
agricultural employer, or agricultural association.
(c) No farm labor contractor, agricultural employer, or agricultural
association shall, without justification, violate the terms of any
working arrangement made by that contractor, employer, or association
with any migrant agricultural worker.
SEC. 203. "29 USC 1823." (a) Except as provided in subsection (c),
each person who owns or controls a facility or real property which is
used as housing for migrant agricultural workers shall be responsible
for ensuring that the facility or real property complies with
substantive Federal and State safety and health standards applicable to
that housing.
(b)(1) Except as provided in subsection (c) and paragraph (2) of this
subsection, no facility or real property may be occupied by any migrant
agricultural worker unless either a State or local health authority or
other appropriate agency has certified that the facility or property
meets applicable safety and health standards. No person who owns or
controls any such facility or property shall permit it to be occupied by
any migrant agricultural worker unless a copy of the certification of
occupancy is posted at the site. The receipt and posting of a
certificate of occupancy does not relieve any person of responsibilities
under subsection (a). Each such person shall retain the original
certification for three years and shall make it available for inspection
and review in accordance with section 512.
(2) Notwithstanding paragraph (1) of this subsection, if a request
for the inspection of a facility or real property is made to the
appropriate State or local agency at least forty-five days prior to the
date on which it is occupied by migrant agricultural workers and such
agency has not conducted an inspection by such date, the facility or
property may be so occupied.
(c) This section does not apply to any person who, in the ordinary
course of that person's business, regularly provides housing on a
commercial basis to the general public and who provides housing to
migrant agricultural workers of the same character and on the same or
comparable terms and conditions as is provided to the general public.
SEC. 301. "29 USC 1831." (a)(1) Each farm labor contractor,
agricultural employer, and agricultural association which recruits any
seasonal agricultural worker (other than day-haul workers described in
section 3(10)(A)(ii)) shall ascertain and, upon request, disclose in
writing the following information when an offer of employment is made to
such worker:
(A) the place of employment;
(B) the wage rates to be paid;
(C) the crops and kinds of activities on which the worker may
be employed;
(D) the period of employment;
(E) the transportation and any other employee benefit to be
provided, if any, and any costs to be charged for each of them;
(F) the existence of any strike or other concerted work
stoppage, slowdown, or interruption of operations by employees at
the place of employment; and
(G) the existence of any arrangements with any owner or agent
of any establishment in the area of employment under which the
farm labor contractor, the agricultural employer, or the
agricultural association is to receive a commission or any other
benefit resulting from any sales by such establishment to the
workers.
(2) Each farm labor contractor, agricultural employer, and
agricultural association which recruits seasonal agricultural workers
through use of a day-haul operation described in section 3(10)(A)(ii)
shall ascertain and disclose in writing to the worker at the place of
recruitment the information described in paragraph (1).
(b) Each farm labor contractor, agricultural employer, and
agricultural association which employs any seasonal agricultural worker
shall, at the place of employment, post in a conspicuous place a poster
provided by the Secretary setting forth the rights and protections
afforded such workers under this Act, including the right of a seasonal
agricultural worker to have, upon request, a written statement provided
by the farm labor contractor, agricultural employer, or agricultural
association, of the information described in subsection (a). Such
employer shall provide, upon request, a written statement of the
information described in subsection (a).
(c) Each farm labor contractor, agricultural employer, and
agricultural association which employs any seasonal agricultural worker
shall --
(1) with respect to each such worker, make, keep, and preserve
records for three years of the following information:
(A) the basis on which wages are paid;
(B) the number of piecework units earned, if paid on a
piecework basis;
(C) the number of hours worked;
(D) the total pay period earnings;
(E) the specific sums withheld and the purpose of each sum
withheld; and
(F) the net pay; and
(2) provide to each such worker for each pay period, an
itemized written statement of the information required by
paragraph (1) of this subsection.
(d)(1) Each farm labor contractor shall provide to any other farm
labor contractor and to any agricultural employer and agricultural
association to which such farm labor contractor has furnished seasonal
agricultural workers, copies of all records with respect to each such
worker which such farm labor contractor is required to retain by
subsection (c)(1). The recipient of these records shall keep them for a
period of three years from the end of the period of employment
(e) No farm labor contractor, agricultural employer, or agricultural
association shall knowingly provide false or misleading information to
any seasonal agricultural worker concerning the terms, conditions, or
existence of agricultural employment required to be disclosed by
subsection (a), (b), or (c).
(f) The information required to be disclosed by subsections (a) and
(b) of this section to seasonal agricultural workers shall be provided
in written form. Such information shall be provided in English or, as
necessary and reasonable, in Spanish or other language common to
seasonal agricultural workers who are not fluent or literate in English.
The Department of Labor shall make forms available in English, Spanish,
and other languages, as necessary, which may be used in providing
workers with information required under this section.
SEC. 302. "29 USC 1832." (a) Each farm labor contractor,
agricultural employer, and agricultural association which employs any
seasonal agricultural worker shall pay the wages owed to such worker
when due.
(b) No farm labor contractor, agricultural employer, or agricultural
association shall require any seasonal agricultural worker to purchase
any goods or services solely from such farm labor contractor,
agricultural employer, or agricultural association.
(c) No farm labor contractor, agricultural employer, or agricultural
association shall, without justification, violate the terms of any
working arrangement made by that contractor, employer, or association
with any seasonal agricultural worker.
SEC. 401. "29 USC 1841." (a)(1) Except as provided in paragraph (2),
this section applies to the transportation of any migrant or seasonal
agricultural worker.
(2) This section does not apply to the transportation of any migrant
or seasonal agricultural worker on a tractor, combine, harvester,
picker, or other similar machinery and equipment while such worker is
actually engaged in the planting, cultivating, or harvesting of any
agricultural commodity or the care of livestock or poultry.
(b)(1) When using, or causing to be used, any vehicle for providing
transportation to which this section applies, each agricultural
employer, agricultural association, and farm labor contractor shall --
(A) ensure that such vehicle conforms to the standards
prescribed by the Secretary under paragraph (2) of this subsection
and other applicable Federal and State safety standards,
(B) ensure that each driver has a valid and appropriate
license, as provided by State law, to operate the vehicle, and
(C) have an insurance policy or a liability bond that is in
effect which insures the agricultural employer, the agricultural
association, or the farm labor contractor against liability for
damage to persons or property arising from the ownership,
operation, or the causing to be operated, of any vehicle used to
transport any migrant or seasonal agricultural worker.
(2)(A) For purposes of paragraph (1)(A), the Secretary shall
prescribe such regulations as may be necessary to protect the health and
safety of migrant and seasonal agricultural workers.
(B) To the extent consistent with the protection of the health and
safety of migrant and seasonal agricultural workers, the Secretary
shall, in promulgating regulations under subparagraph (A), consider,
among other factors --
(i) the type of vehicle used,
(ii) the passenger capacity of the vehicle,
(iii) the distance which such workers will be carried in the
vehicle,
(iv) the type of roads and highways on which such workers will
be carried in the vehicle,
(v) the extent to which a proposed standard would cause an
undue burden on agricultural employers, agricultural associations,
or farm labor contractors.
(C) Standards prescribed by the Secretary under subparagraph (A)
shall be in addition to, and shall not supersede or modify, any standard
under part II of the Interstate Commerce Act (49 U.S.C. 301 et seq.), or
any successor provision of subtitle IV of title 49, United States Code,
"49 USC 10101" or regulations issued thereunder, which is independently
applicable to transportation to which this section applies. A violation
of any such standard shall also constitute a violation under this Act.
(D) In the event that the Secretary fails for any reason to prescribe
standards under subparagraph (A) by the effective date of this Act, the
standards prescribed under section 204(a)(3a) of the Interstate Commerce
Act (49 U.S.C. 304(a)(3a)), relating to the transportation of migrant
workers, shall, for purposes of paragraph (1)(A), be deemed to be the
standards prescribed by the Secretary under this paragraph, and shall,
as appropriate and reasonable in the circumstances, apply (i) without
regard to the mileage and boundary line limitations contained in such
section, and (ii) until superseded by standards actually prescribed by
the Secretary in accordance with this paragraph.
(3) The level of the insurance required by paragraph (1)(C) shall be
at least the amount currently required for common carriers of passengers
under part II of the Interstate Commerce Act (49 U.S.C. 301 et seq.),
and any successor provision of subtitle IV of title 49, United States
Code, "49 USC 10101" and regulations prescribed thereunder.
(c) If an agricultural employer, agricultural association, or farm
labor contractor is the employer of any migrant or seasonal agricultural
worker for purposes of a State workers' compensation law and such
employer provides workers' compensation coverage for such worker in the
case of bodily injury or death as provided by such State law, the
following adjustments in the requirements of subsection (b)( 1)(C)
relating to having an insurance policy or liability bond apply:
(1) No insurance policy or liability bond shall be required of
the employer, if such workers are transported only under
circumstances for which there is coverage under such State law.
(2) An insurance policy or liability bond shall be required of
the employer for circumstances under which coverage for the
transportation of such workers is not provided under such State
law.
(d) The Secretary shall, by regulations promulgated in accordance
with section 511 not later than the effective date of this Act,
prescribe the standards required for the purposes of implementing this
section. Any subsequent revision of such standards shall also be
accomplished by regulation promulgated in accordance with such section.
SEC. 402. "29 USC 1842." No person shall utilize the services of any
farm labor contractor to supply any migrant or seasonal agricultural
worker unless the person first takes reasonable steps to determine that
the farm labor contractor possesses a certificate of registration which
is valid and which authorizes the activity for which the contractor is
utilized. In making that determination, the person may rely upon either
possession of a certificate of registration, or confirmation of such
registration by the Department of Labor. The Secretary shall maintain a
central public registry of all persons issued a certificate of
registration.
SEC. 403. "29 USC 1843." Each farm labor contractor, without regard
to any other provisions of this Act, shall obtain at each place of
employment and make available for inspection to every worker he
furnishes for employment, a written statement of the conditions of such
employment as described in sections 201(b) and 301(b) of this Act.
SEC. 404. "29 USC 1844." (a) No farm labor contractor shall violate,
without justification, the terms of any written agreements made with an
agricultural employer or an agricultural association pertaining to any
contracting activity or worker protection under this Act.
(b) Written agreements under this section do not relieve a person of
any responsibility that such person would otherwise have under this Act.
SEC. 501. "29 USC 1851." (a) Any person who willfully and knowingly
violates this Act or any regulation under this Act shall be fined not
more than $1,000 or sentenced to prison for a term not to exceed one
year, or both. Upon conviction for any subsequent violation of this Act
or any regulation under this Act, the defendant shall be fined not more
than $10,000 or sentenced to prison for a term not to exceed three
years, or both.
(b) If a farm labor contractor who commits a violation of section 106
has been refused issuance or renewal of, or has failed to obtain, a
certificate of registration or is a farm labor contractor whose
certificate has been suspended or revoked, the contractor shall, upon
conviction, be fined not more than $10,000 or sentenced to prison for a
term not to exceed three years, or both.
SEC. 502. "29 USC 1852." (a) The Secretary may petition any
appropriate district court of the United States for temporary or
permanent injunctive relief if the Secretary determines that this Act,
or any regulation under this Act, has been violated.
(b) Except as provided in section 518(a) of title 28, United States
Code, relating to litigation before the Supreme Court, the Solicitor of
Labor may appear for and represent the Secretary in any civil litigation
brought under this Act, but all such litigation shall be subject to the
direction and control of the Attorney General.
SEC. 503. "29 USC 1853." (a)(1) Subject to paragraph (2), any person
who commits a violation of this Act or any regulation under this Act,
may be assessed a civil money penalty of not more than $1,000 for each
violation.
(2) In determining the amount of any penalty to be assessed under
paragraph (1), the Secretary shall take into account (A) the previous
record of the person in terms of compliance with this Act and with
comparable requirements of the Farm Labor Contractor Registration Act of
1963, and with regulations promulgated under such Acts, and (B) the
gravity of the violation.
(b)(1) The person assessed shall be afforded an opportunity for
agency hearing, upon request made within thirty days after the date of
issuance of the notice of assessment. In such hearing, all issues shall
be determined on the record pursuant to section 554 of title 5, United
States Code. If no hearing is requested as herein provided, the
assessment shall constitute a final and unappealable order.
(2) If a hearing is requested, the initial agency decision shall be
made by an administrative law judge, and such decision shall become the
final order unless the Secretary modifies or vacates the decision.
Notice of intent to modify or vacate the decision of the administrative
law judge shall be issued to the parties within thirty days after the
decision of the administrative law judge. A final order which takes
effect under this paragraph shall be subject to review only as provided
under subsection (c).
(c) Any person against whom an order imposing a civil money penalty
has been entered after an agency hearing under this section may obtain
review by the United States district court for any district in which he
is located or the United States District Court for the District of
Columbia by filing a notice of appeal in such court within thirty days
from the date of such order, and simultaneously sending a copy of such
notice by registered mail to the Secretary. The Secretary shall
promptly certify and file in such court the record upon which the
penalty was imposed. The findings of the Secretary shall be set aside
only if found to be unsupported by substantial evidence as provided by
section 706(2)(E) of title 5, United States Code. Any final decision,
order, or judgment of such District Court concerning such review shall
be subject to appeal as provided in chapter 83 of title 28, United
States Code. "28 USC 1291 et seq."
(d) If any person fails to pay an assessment after it has become a
final and unappealable order, or after the court has entered final
judgment in favor of the agency, the Secretary shall refer the matter to
the Attorney General, who shall recover the amount assessed by action in
the appropriate United States district court. In such action the
validity and appropriateness of the final order imposing the penalty
shall not be subject to review.
(e) All penalties collected under authority of this section shall be
paid into the Treasury of the United States.
SEC. 504. (a) Any person aggrieved by a violation of this Act "29
USC 1854" or any regulation under this Act by a farm labor contractor,
agricultural employer, agricultural association, or other person may
file suit in any district court of the United States having jurisdiction
of the parties, without respect to the amount in controversy and without
regard to the citizenship of the parties and without regard to
exhaustion of any alternative administrative remedies provided herein.
(b) Upon application by a complainant and in such circumstances as
the court may deem just, the court may appoint an attorney for such
complainant and may authorize the commencement of the action.
(c)(1) If the court finds that the respondent has intentionally
violated any provision of this Act or any regulation under this Act, it
may award damages up to and including an amount equal to the amount of
actual damages, or statutory damages of up to $500 per plaintiff per
violation, or other equitable relief, except that (A) multiple
infractions of a single provision of this Act or of regulations under
this Act shall constitute only one violation for purposes of determining
the amount of statutory damages due a plaintiff; and (B) if such
complaint is certified as a class action, the court shall award no more
than the lesser of up to $500 per plaintiff per violation, or up to
$500,000 or other equitable relief.
(2) In determining the amount of damages to be awarded under
paragraph (1), the court is authorized to consider whether an attempt
was made to resolve the issues in dispute before the resort to
litigation.
(3) Any civil action brought under this section shall be subject to
appeal as provided in chapter 83 of title 28, United States Code. "28
USC 1291 et seq."
SEC. 505. "29 USC 1855." (a) No person shall intimidate, threaten,
restrain, coerce, blacklist, discharge, or in any manner discriminate
against any migrant or seasonal agricultural worker because such worker
has, with just cause, filed any complaint or instituted, or caused to be
instituted, any proceeding under or related to this Act, or has
testified or is about to testify in any such proceedings, or because of
the exercise, with just cause, by such worker on behalf of himself or
others of any right or protection afforded by this Act.
(b) A migrant or seasonal agricultural worker who believes, with just
cause, that he has been discriminated against by any person in violation
of this section may, within 180 days after such violation occurs, file a
complaint with the Secretary alleging such discrimination. Upon receipt
of such complaint, the Secretary shall cause such investigation to be
made as he deems appropriate. If upon such investigation, the Secretary
determines that the provisions of this section have been violated, the
Secretary shall bring an action in any appropriate United States
district court against such person. In any such action the United
States district courts shall have jurisdiction, for cause shown, to
restrain violation of subsection (a) and order all appropriate relief,
including rehiring or reinstatement of the worker, with back pay, or
damages.
SEC. 506. "29 USC 1856." Agreements by employees purporting to waive
or to modify their rights under this Act shall be void as contrary to
public policy, except that a waiver or modification of rights in favor
of the Secretary shall be valid for purposes of enforcement of this Act.
SEC. 511. "29 USC 1861." The Secretary may issue such rules and
regulations as are necessary to carry out this Act, consistent with the
requirements of chapter 5 of title 5, United States Code. "5 USC 500 et
seq."
SEC. 512. "29 USC 1862." (a) To carry out this Act the Secretary,
either pursuant to a complaint or otherwise, shall, as may be
appropriate, investigate, and in connection therewith, enter and inspect
such places (including housing and vehicles) and such records (and make
transcriptions thereof), question such persons and gather such
information to determine compliance with this Act, or regulations
prescribed under this Act.
(b) The Secretary may issue subpenas requiring the attendance and
testimony of witnesses or the production of any evidence in connection
with such investigations. The Secretary may administer oaths, examine
witnesses, and receive evidence. For the purpose of any hearing or
investigation provided for in this Act, the authority contained in
sections 9 and 10 of the Federal Trade Commission Act (15 U.S.C. 49,
50), relating to the attendance of witnesses and the production of
books, papers, and documents, shall be available to the Secretary. The
Secretary shall conduct investigations in a manner which protects the
confidentiality of any complainant or other party who provides
information to the Secretary in good faith.
(c) It shall be a violation of this Act for any person to unlawfully
resist, oppose, impede, intimidate, or interfere with any official of
the Department of Labor assigned to perform an investigation, inspection
or law enforcement function pursuant to this Act during the performance
of such duties.
SEC. 513. "29 USC 1863." (a) The Secretary may enter into agreements
with Federal and State agencies (1) to use their facilities and
services, (2) to delegate, subject to subsection (b), to Federal and
State agencies such authority, other than rulemaking, as may be useful
in carrying out this Act, and (3) to allocate or transfer funds to, or
otherwise pay or reimburse, such agencies for expenses incurred pursuant
to agreements under clause (1) or (2) of this section.
(b) Any delegation to a State agency pursuant to subsection (a)(2)
shall be made only pursuant to a written State plan which --
(1) shall include a description of the functions to be
performed, the methods of performing such functions, and the
resources to be devoted to the performance of such functions; and
(2) provides assurances satisfactory to the Secretary that the
State agency will comply with its description under paragraph (1)
and that the State agency's performance of functions so delegated
will be at least comparable to the performance of such functions
by the Department of Labor.
Sec. 521. This Act "29 USC 1871" is intended to supplement State
law, and compliance with this Act shall not excuse any person from
compliance with appropriate State law and regulation.
SEC. 522. "29 USC 1872." The Secretary may deny a certificate of
registration to any farm labor contractor, as defined in this Act, who
has a judgment outstanding against him under the Farm Labor Contractor
Registration Act of 1963 (7 U.S.C. 2041 et seq.), or is subject to a
final order of the Secretary under that Act assessing a civil money
penalty which has not been paid. Any findings under the Farm Labor
Contractor Registration Act of 1963 may also be applicable to
determinations of willful and knowing violations under this Act.
SEC. 523. The Farm Labor Contractor Registration Act of 1963 (7 U.
S.C. 2041 et seq.), is repealed.
SEC. 524. "29 USC 1801 note." The provisions of this Act shall take
effect ninety days from the date of enactment, and shall be classified
to title 29, United States Code.
Approved January 14, 1983.
LEGISLATIVE HISTORY -- H.R. 7102:
HOUSE REPORT No. 97-885 (Comm. on Education and Labor).
CONGRESSIONAL RECORD, Vol. 128 (1982): Sept. 29, considered and
passed House. Dec. 19, considered and passed Senate, amended. Dec. 20,
House concurred in Senate amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 19, No. 2 (1983):
Jan. 14, Presidential statement.
PUBLIC LAW 97-469, 96 STAT. 2582
Economic Report.
Resolved by the Senate and House of Representatives of the United
States or America in Congress assembled. That (a) notwithstanding the
provisions of section 1105 of title 31, United States Code, the
President shall transmit to the Congress not later than January 31,
1983, the budget for the fiscal year 1984, and (b) notwithstanding the
provisions of section 3 of the Act of February 20, 1946, as amended (15
U.S.C. section 1022) the President shall transmit to the Congress not
later than January 31, 1983, the Economic Report.
Sec. 2. That (a) notwithstanding the provisions of section 1109(a) of
title 31, United States Code, the Presidnet shall submit to the Senate
and the House of Representatives the estimates required to be submitted
by said subsection for the fiscal year 1984 not later than the date on
which the President transmits to the Congress the budget for the fiscal
year 1984, and (b) notwithstanding the provisions of section 1109(b) of
title 31, United States Code, the Joint Economic Committee shall submit
to the Committees on the Budget of both Houses the evaluation required
to be submitted by said subsection for the fiscal year 1984 not later
than the date on which the report for the fiscal year 1984 pursuant to
section 5(b)(3) of the Employment Act of 1946 (15 U.S.C. 1024b) is filed
with the Senate and House Representatives.
Approved January 14, 1983.
CONGRESSIONAL RECORD, Vol. 128 (1982):
Dec. 20, considered and passed House.
Dec. 21, considered and passed Senate.
PUBLIC LAW 97-468, 96 STAT. 2543, RAIL SAFETY AND SERVICE IMPROVEMENT
ACT OF 1982.
Pipeline Safety Act of 1968 and the
Hazardous Liquid Pipeline Safety Act of 1979, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That titles II through
VII of this Act // 45 USC 421. // may be cited as " Rail Safety and
Service Improvement Act of 1982".
Sec. 101. Section 4(b) of the Natural Gas Pipeline Safety Act of
1968 (49 U.S.C. 1673(b)) and section 204(b) of the Hazardous Liquid
Pipeline Safety Act of 1979 (49 U.S.C. 2003(b)) are each amended by
striking "once every 6 months." and substituting "twice each calendar
year.".
Sec. 102. Section 8(a) of the Natural Gas Pipeline Safety Act of
1968 (49 U.S.C. 1675(a)) is amended by striking "sixtieth day" and
substituting "90th day".
Sec. 103. Section 206(a) of the Hazardous Liquid Pipeline Safety Act
of 1979 (49 U.S.C. 2005(a)) is amended by striking "60th day" and
substituting "90th day".
Sec. 104. Section 5(a) of the Natural Gas Pipeline Safety Act of
1968 (49 U.S.C. 1674(a)) is amended by striking "(other than subsection
(a)(3) thereof)" and substituting "(other than subsection (a)(2)
thereof)".
Sec. 201 This title may be referred to as the " Bankrupt Railroad
Service Preservation and Employee Protection Act of 1982". // 45 USC
901. //
Sec. 221. // 45 USC 901. // It is the purpose of this subtitle to
continue the effort by Congress to assure service over the lines of rail
carriers subject to liquidation in instances where rail carriers are
willing to provide service over such lines and financially responsible
persons are willing to purchase the lines for continued rail operations.
Sec. 212. // 45 USC 901. // The Congress finds that--,
(1) it is necessary to establish procedures to facilitate and
expedite the acquisition of rail lines of carriers subject to
liquidation by financially responsible persons in instances where
service is not being provided over the line by the carrier and
where the financially responsible person seeks to provide rail
service over the line;
(2) procedures set forth in the amendments made by this title
represent an exercise of the powers of the Congress under the
Constitution to regulate commerce among the several States which
will provide a practicable means for preserving rail service, thus
benefiting shippers, employees, and the economies of the States in
which such carriers subject to liquidation have operated service,
and for facilitating interstate commerce, while at the same time
providing safeguards to protect the interest of the estates of
such carriers by requiring compensation which is not less than the
constitutionally required minimum; and
(3) it is in the public interest that the Interstate Commerce
Commission's authority to issue orders involving temporary
authority to operate service over lines of carriers subject to
liquidation be clarified.
ACT
Sec. 213. Section 17(b) of the Milwaukee Railroad Restructuring Act
(45 U.S.C. 915(b)) is amended--,
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new
paragraph:
"(3)(A) If a person has made or makes an offer to acquire from a
carrier subject to liquidation a rail line or lines over which no
service is provided by that carrier, and that offer has been or is
rejected by the trustee in bankruptcy of such carrier, such person may
submit an application to the Commission seeking approval of such
person's acquisition of such line or lines. A copy of any such
application shall be filed simultaneously with the court.
"(B) The Commission shall, within 15 days after the filing of an
application under subparagraph (A) of this paragraph, determine whether
the applicant--,
"(i) is a financially responsible person; and
"(ii) has made a bona fide offer to acquire the line or lines
under reasonable terms.
"(C)(i) If the Commission's determination under subparagraph
(B) of this paragraph is affirmative with respect to the matters
referred to in clauses (i) and (ii) of such subparagraph, the applicant
and the trustee in bankruptcy (hereafter in this paragraph referred to
collectively as the 'parties') shall enter into negotiations with
respect to terms for the acquisition of the line or lines applied for.
If the parties at any time agree on such terms, a request for approval
of the acquisition shall be filed with the Commission and the court. If
the parties are unable to agree to such terms within 30 days after the
date of the Commission's determination under subparagraph (B) of this
paragraph, either party may, within 60 days after the expiration of such
30-day period, request the Commission to prescribe terms for such
acquisition, including compensation for the line or lines to be
acquired. The Commission shall prescribe such terms within 60 days
after any such request is made. The terms prescribed by the Commission
shall be binding upon both parties, subject to court review as provided
in subparagraph (D) of this paragraph, except that the applicant may
withdraw its offer within 10 days after the Commission prescribes such
terms.
"(ii) If more than one applicant has requested under this
subparagraph that the Commission prescribe the terms of acquisition for
the same or overlapping lines or portions of such lines, the Commission
shall prescribe terms for such acquisition which it determines best
serve the public interest.
"(D)(i) Within 15 days after the Commission prescribes terms under
subparagraph (C) of this paragraph, the Commission shall transmit such
terms to the court, unless the offer is withdrawn under such
subparagraph. Notwithstanding any other provision of law, the court
shall, within 60 days after such transmittal, approve the acquisittion
under terms prescribed by the Commission if the compensation for the
line or lines is not less than that required as a constitutional
minimum.
"(ii) Except as provided in this subparagraph, no action shall be
taken by the court which would prejudice the acquisition which is the
subject of an application under this paragraph.
"(E) The Commission shall require that any person acquiring a line or
lines under this paragraph use, to the maximum extent practicable,
employees or former employees of the carrier subject to liquidation in
the operation of service on such line or lines.
"(F) No person acquiring a line under this paragraph may transfer or
discontinue service on such line prior to the expiration of 4 years
after such acquisition.
"(G) The Commission shall, within 45 days after the date of enactment
of the Bankrupt Railroad Service Preservation and Employee Protection
Act of 1982, prescribe such regulations and procedures as are necessary
to carry out the provisions of this paragraph.
"(H) As used in this paragraph, the term--,
"(i) 'carrier subject to liquidation' means a carrier
which, on the date of enactment of the Bankrupt Railroad
Service Preservation and Employee Protection Act of 1982, was the
subject of a proceeding pending under section 77 of the Bankruptcy
Act or under subchapter IV of chapter 11 of title 11, United
States Code,
// 11 USC 1161. //
and which has been ordered by the court to liquidate its
properties;
"(ii) 'the court' means the court having bankruptcy
jurisdiction over the carrier subject to liquidation; and
"(iii) 'financially responsible person' means a person capable
of compensating the carrier subject to liquidation for the
acquisition of the line or lines proposed to be acquired and able
to cover expenses associated with providing service over such line
or lines for a period of not less than 4 years.".
Sec. 214. (a) Section 122(a) of the Rock Island Railroad Transition
and Employee Assistance Act (45 U.S.C. 1017(a)) is amended--,
(1) by striking "the Rock Island Railroad or the Milwaukee
Railroad" and inserting in lieu thereof the following: "a carrier
which, on the date of enactment of the Bankrupt Railroad Service
Preservation and Employee Protection Act of 1982, was the subject
of a proceeding pending under section 77 of the Bankruptcy Act or
under subchapter IV of chapter 11 of title 11, United States
Code";
(2) by striking the last sentence of such section; and
(3) by adding at the end thereof the following: " The
Commission shall have authority to authorize continued rail
service under this section over the lines of any such carrier
which has been ordered by the court having jurisdiction over such
a carrier to liquidate its properties until the disposition of the
properties of the estate of such carrier.".
(b) Section 122(c) of the Rock Island Railroad Transition and
Employee Assistance Act (45 U.S.C. 1017(c)) is repealed.
Sec. 231. Section 106 of the Rock Island Railroad Transition and
Employee Assistance Act (45 U.S.C. 1005) is amended to read as follows:
" Sec. 10. (a) The Secretary and the representatives of the various
classes and crafts of employees of the Rock Island Railroad shall, not
later than 90 days after the date of enactment of the Bankrupt Railroad
Service Preservation and Employee Protection Act of 1982, enter into an
agreement providing protection for employees of the Rock Island Railroad
who are adversely affected as a result of a reduction in service by such
Railroad. Such agreement may provide for the use of funds described in
subsection (c) of this section for the following purposes:
"(1) Subsistence allownaces to employees.
"(2) Moving expenses for employees who must make a change in
residence.
"(3) Retraining expenses for employees who are seeking
employment in new areas.
"(4) Separation allowances for employees.
"(5) Health and welfare insurance premiums.
"(6) Such other purposes as may be agreed upon by the parties.
"(b) If the parties are unable to reach agreement within the time
period specified in subsection (a) of this section, the Secretary shall,
within 30 days after the expiration of such time period, prescribe a
schedule of benefits for employee protection not inconsistent with the
provisions of this Act.
"(c) Any agreement entered into under subsection (a) of this section,
and any benefit schedule prescribed under subsection (b) of this
section, shall not require the expenditure of funds in excess of amounts
authorized to be appropriated under section 217(f)(1)(C) of the Regional
Rail Reorganization Act of 1973, nor shall any individual employee
receive benefits in excess of $20,000 under such agreement or benefit
schedule. No benefits or assistance may be provided under any agreement
entered into or benefit schedule prescribed under this section after
April 1, 1984.
"(d) The Board shall, in such manner as it shall prescribe by
regulation, administer the distribution of funds under any agreement
entered into or benefit schedule prescribed under this section, and
shall determine the amount for which each employee is eligible under
such agreement or benefit schedule. Such regulation shall include
procedures to resolve by final and binding arbitration any dispute over
an employee's eligibility or claim.".
Sec. 232. Section 108 of the Rock Island Railroad Transition and
Employee Assistance Act (45 U.S.C. 1007) is amended--,
(1) in subsections (a) and (d), by striking "or arrangement
entered into" and inserting in lieu thereof "entered into or
benefit schedule prescribed"; and
(2) in subsection (b), by striking " April 1, 1981" and
inserting in lieu thereof "120 days after the effective date of
any agreement entered into under section 106(a) of this title or
of any benefit schedule prescribed under section 106(b) of this
title, as the case may be".
Sec. 233. Section 119(a) of the Rock Island Railroad Transition and
Employee Assitance Act (45 U.S.C. 1014(a)) is amended by striking "from
the Rock Island Railroad under an employee protection agreement or
arrangement entered into under section 106 of this title may" and
inserting in lieu thereof "under an employee protection agreement
entered into or a benefit schedule prescribed under section 106 of this
title may, if so provided under such agreement or benefit schedule,".
Sec. 234. (a) Section 110 of the Rock Island Railroad Transition and
Employee Assistance Act (45 U.S.C. 1008) is repealed.
(b) The second sentence of section 14(b) of the Milwaukee Railroad
Restructuring Act (45 U.S.C. 913(b)) is repealed.
Sec. 235. (a) Section 704(f) of the Regional Rail Reorganization Act
of 1973 (45 U.S.C. 797(c)) // 45 USC 797c. // is amended by striking
"3-year" and inserting in lieu thereof "4-year".
(b) Section 704(g) of the Regional Rail Reorganization Act of 1973
(45 U.S.C. 797(g)) // 45 USC 797c. // is amended by striking "this
section or section 703 of this Act" wherever it appears and inserting in
lieu thereof "this section, section 703 of this Act, section 8 of the
Milwaukee Railroad Restructuring Act (45 U.S.C. 907), or section 105 of
the Rock Island Railroad Transition and Employee Assistance Act (45
U.S.C. 1004)".
Sec. 236. (a) Section 8 of the Milwaukee Railroad Restructuring Act
(45 U.S.C. 907) is amended by striking " April 1, 1981," and inserting
in lieu thereof " April 1, 1984,".
(b) Section 105(a) of the Rock Island Railroad Transition and
Employee Assistance Act (45 U.S.C. 1004(a)) is amended by striking "
January 1, 1981," and inserting in lieu thereof " January 1, 1984,".
Sec. 301. Title VII of the Railroad Revitalization and Regulatory
Reform Act of 1976 (45 U.S.C. 851 et seq.) is amended as follows:
(1) Section 703(1)(A)(ii)
// 45 USC 853. //
is amended by striking "and Albany, New York" and inserting in
lieu thereof " Albany, New York, and Atlantic City, New Jersey".
(2) Section 704(a)(1)
// 45 USC 854. //
is amended to read as follows:
"(1) $2,313,000,000 to remain available until expended
(A) in order to effectuate the goals of section 703(1)(A)(i) of
this title, of which not less than $27,000,000 shall be available
to finance the cost of the equipment modification and replacement
which States (or local or regional transportation authorities)
will be required to bear as a result of the electrification
conversion system of the Northeast Corridor pursuant to this
title; (B) of which, if the National Railroad Passenger
Corporation receives notification on or before June 1, 1983, from
the State of New Jersey that such State has approved a plan,
developed in consultation with the National Railroad Passenger
Corporation, for the operation of rail passenger service between
the main line of the Northeast Corridor and Atlantic City, New
Jersey, and if such Corporation determines that such plan is
feasible, $30,000,000 shall be made available by the Secretary to
the National Railroad Passenger Corporation for rehabilitation and
other improvements (including upgrading track and the signal
system, ensuring safety at public and private highway and
pedestrian crossings by improving signals or eliminating such
crossings, and the improvement of operational portions of stations
related to intercity rail passenger service) on the main line
track between such points, consistent with the plan for operation
approved by the State, in order to ensure that such track will be
of sufficient quality to permit safe rail passenger service at a
minimum of 79 miles per hour not later than September 30, 1985,
and to promote rail passenger use of such track; and (C) of which
such sums as may be required shall be available for the following
projects with respect to the main line of the Northeast Corridor:
development of the Union Station in Washington, District of
Columbia, and New York, New York; renewal of 133 track miles of
existing continuously welded rail on concrete tie track between
Washington, District of Columbia, and New York, New York;
installation of reverse signaling between Philadelphia,
Pennsylvania, and Morrisville, Pennsylvania, on numbers 2 and 3
tracks; restoration of ditch drainage in concrete tie locatons
between Washington, District of Columbia, and New York, New York;
undercutting of 83 track miles between Washington, District of
Columbia, and New York, New York; rehabilitation of bridges
between Washington, District of Columbia, and New York, New York
(including Hi line); development of a maintenance--, of-way
equipment repair facility between Washington, District of
Columbia, and New York, New York; roadbed stabilization at
various locations between Washington, District of Columbia, and
New York, New York; automation of Bush River Drawbridge at
milepost 72.14; improvements to the New York Service Facility to
develop rolling stock repair capability; construction of
maintenance-of-way bases at Philadelphia, Pennsylvania, Sunnyside,
New York, and Cedar Hill, Connecticut; installation of rail car
washer facility at Philadelphia, Pennsylvania; restoration of
storage tracks and buildings at the Washington Service Facility;
installation of centralized traffic control from Landlith,
Delaware, to Philadelphia, Pennsylvania; track improvements
including high speed surfacing, ballast cleaning, and associated
equipment repair and material distribution; rehabilitation of
interlockings between Washington, District of Columbia, and New
York, New York; painting of Connecticut River, Groton, and Pelham
Bay bridges; additional catenary renewal and power supply
upgrading between Washington, District of Columbia, and New York,
New York; rehabilitation of structural, electrical, and
mechanical systems at the 30th Street Station in Philadelphia,
Pennsylvania; and installation of evacuation and fire protection
facilities in tunnels at New York, New York;".
(3) Section 704(a)
// 45 USC 854. //
is amended by adding at the end thereof the following new
sentences: " Funds are authorized to be appropriated under this
section in excess of limitations imposed under the preceding
sentence with respect to a fiscal year, or for fiscal years after
the fiscal year ending September 30, 1983, to the extent that the
amount appropriated under the authority of this section for any
previous fiscal year is less than the limitation under such
sentence with respect to such previous fiscal year. The Secretary
shall expend or reserve for expenditure funds from the yearly
appropriations under this section for the fiscal years ending
September 30, 1983, September 30, 1984, and September 30, 1985,
first (A) if the National Railroad Passenger Corporation receives
the notification referred to in paragraph (1)(B) of this
subsection, for the purposes under such paragraph; and (B) in the
amount of $62,000,000 for track improvements with respect to the
Southwest corridor project in Boston, Massachusetts, less any
amounts obligated for such purpose from yearly appropriations for
any fiscal year ending before October 1, 1982. The amount so
expended or reserved for expenditure for the purposes of paragraph
(1)(B) of this subsection for the fiscal year ending September 30,
1983 shall be $10,000,000.".
(4) Section 704(b) is amended--,
"(2)(A) The projects for which funds are authorized to be
appropriated under subsection (a)(1)(C) of this section shall be a part
of the Northeast Corridor improvement project, and the goals of this
title shall not be considered to be fulfilled until such projects are
completed. Such projects shall not be undertaken or viewed as a
substitute for any improvements specified in the document entitled
Corridor Master Plan II, NECIP Restructured Program, dated January 1982,
prepared for the United States Department of Transportation, Federal
Railroad Administration, Northeast Corridor Improvement Project, in
cooperation with the Federal Railroad Administration and the National
Railroad Passenger Corporation (Amtrak), by De Leuw, Cather/ Parsons,
NECIP architec/engineer.
"(B) For purposes of implementing the improvements and rehabilitation
described in subsection (a)(1)(B) of this section, the Secretary may
defer projects identified in the document referred to in subparagraph
(A) of this paragraph. The aggregate cost of such projects as the
Secretary may so defer shall not be substantially greater than the
amount the Secretary is required to expend or reserve for expenditure
for purposes of subsection (a)(1)(B) of this section.".
(5) Section 705
// 45 USC 855. //
is amended--,
"reallocation
to" and inserting in lieu thereof "such"; and
Sec. 302. // 45 USC 854. // (a) If the National Railroad Passenger
Corporation receives notification on or before June 1, 1983, from the
State of New York that such State has approved a plan, developed in
consultation with such Corporation, for the acquisition and
rehabilitation of a line and construction necessary to facilitate
improved rail passenger service between Spuyten Uyvil, New York, and the
main line of the Northeast Corridor, and has approved a plan, developed
in consultation with such Corporation and appropriate local governmental
officials, for the rehabilitation of the Amtrak station at Syracuse, New
York, such Corporation shall, by September 30, 1985, expend funds, not
in excess of $30,000,000, authorized to be appropriated under section
601 of the Rail Passenger Service Act (45 U. S.C 601) for such
purposes.
(b) Notwithstanding the provisions of section 403 of the Rail
Passenger Service Act (45 U.S.C. 563), // 45 USC 854. // the National
Railroad Passenger Corporation may operate the service described in
section 704(a)(1)(B) of the Railroad Revitalization and Regulatory
Reform Act of 1976.
(c) Section 601 of the Rail Passenger Service Act (45 U.S.C. 601) is
amended by adding at the end thereof the following new subsection:
"(e) Funds from the yearly appropriations under this section for the
fiscal years ending September 30, 1983, September 30, 1984, and
September 30, 1985 shall, if the Corporation receives the notification
referred to in section 302(a) of the Rail Safety and Service Improvement
Act of 1982, be first expended or reserved for expenditure by the
Corporation for the purposes under such section 302(a). The amount
expended or reserved for expenditure for such purposes for the fiscal
year ending September 30, 1983 shall be $10,000,000.".
Sec. 401. Sections 505(e), 507(a), 507(d), and 509(a) of the
Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C.
825 (e), 827(a), 827(d), and 829(a)) are amended by striking " September
30, 1982" wherever it appears and inserting in lieu thereof " September
30, 1985".
Sec. 402. // 45 USC 825a. // Notwithstanding any other provision of
law, any financially responsible person (including any government
authority), except for a class I rail carrier, shall upon application be
eligible for financial assistance made available in section 505 of the
Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S. C.
825) for the purchase, lease, or rehabilitation of rail lines of the
Consolidated Rail Corporation which are to be used for common carrier
rail service and with respect to which an application for a certificate
of abandonment has been filed with the Interstate Commerce Commission
under section 308(a) of the Regional Rail Reorganization Act of 1973 (45
U.S.C. 748(a)), or a notice of insufficient revenues has been filed with
the Commission under section 308(c) of the Regional Rail Reorganization
Act of 1973 (45 U.S.C. 748(c)).
Sec. 403. (a) Section 509(b) of the Railroad Revitalization and
Regulatory Reform Act of 1976 (45 U.S.C. 829(b)) is amended--,
(1) in paragraph (2), by striking " Not less than" and
inserting in lieu thereof " Not more than";
(2) by striking paragraph (3);
(3) by redesignating paragraph (4) as paragraph (3);
(4) in paragraph (3), as redesignated by paragraph (3) of this
section--,
thereof
"and (2)"; and
years 1983, 1984 and
1985" immediately before the period; and
(5) by adding at the end thereof the following new paragraphs:
"(4) $40,000,000 of the funds received by the Secretary of the
Treasury from amounts appropriated under subsection (a) of this section
shall be reserved and made available for meritorious applications
regarding that restructuring of rail freight facilities and systems
specified in section 505(b)(2)(ii) of this title.
"(5) $15,000,000 of the funds appropriated under subsection (a) of
this section shall be available for the purchase, or for the refinancing
of the purchase, of the rail line of the Chicago, Rock Island and
Pacific Railroad Company between Fort Worth and Dallas, Texas, or of
interests in such rail line, by a State or one or more political
subdivisions thereof. To the extent that funds are made available for
such purposes through appropriations for any Administration of the
Department of Transportation, other than the Federal Railroad
Administration, the amount of funds authorized under this section shall
be reduced accordingly.".
(b) Section 505(b)(2) of the Railroad Revitalization and Regulatory
Reform Act of 1976 (45 U.S.C. 825(b)(2)) is amended--,
(1) by inserting "(i)" immediately after "priorities"; and
(2) by inserting "(ii)" immediately after "in the private
sector and".
Sec. 501. Section 5(h)(2)(A) of the Department of Transportation Act
(49 U.S.C. 1654(h)(2)(A)) is amended to read as follows:
"(A) two-thirds of the available funds, multiplied by a
fraction the numerator of which is the sum of (i) total rail
mileage in the State, other than rail mileage of the Consolidated
Rail Corporation, which, in accordance with section 10904(e) of
title 49, United States Code, either is 'potentially subject to
abandonment' or with respect to which a carrier plans to file, or
has filed, an application for a certificate under subsection (a)
of such section, and (ii) the total rail mileage of the
Consolidated Rail Corporation in the State which such Corporation
has certified to be in a situation comparable to 'potentially
subject to abandonment' within the meaning of such term under such
section 10904 or with respect to which the Consolidated Rail
Corporation plans to file, or has filed, an application for a
certificate under section 308 of the Regional Rail Reorganization
Act of 1973 (45 U.S.C. 748)
// 95 Stat. 679. //
or under section 10904(a) of title 49, United States Code, and the
denominator of which is the total of the rail mileage described in
clauses (i) and (ii) in all the States; and".
Sec. 502. Section 10713(k)(1) of title 49, United States Code, is
amended by striking "and paper)" and inserting in lieu thereof ", but
not including wood pulp, wood chips, pulpwood or paper)".
Sec. 503. // 33 USC 59t. // The portion of the Burnham Canal, in
Milwaukee, Wisconsin, which is underneath and west of a point one
hundred feet east of South Eleventh Street is declared to be not a
navigable water of the United States within the meaning of the
Constitution and laws of the United States. The right to alter, amend,
or repeal this section is hereby expressly reserved.
Sec. 504. (a) Section 1139(b) of the Northeast Rail Service Act of
1981 // 95 Stat. 652. 45 USC 744a. // is amended--,
(1) by inserting "(1)" immediately after "(b)";
(2) by striking "in the fiscal year ending September 30,
1982,";
(3) by striking contracting with Amtrak Commuter"; and
(4) by adding at the end thereof the following new paragraph:
"(2) Any funds appropriated under the authority of this subsection
shall be distributed by the Secretary to Amtrak Commuter and commuter
authorities according to the statutory provisions of paragraph (1) of
this subsection within 60 days after receipt of an application by Amtrak
Commuter or such commuter authorities or within 60 days after the date
of enactment of the Rail Safety and Service Improvement Act of 1982,
whichever is later.".
(b) Section 216(g) of the Regional Rail Reorganization Act of 1973
(45 U.S.C. 726(g)) is amended--,
(1) by inserting "(1)" immediately after
" Appropriation.-"; and
(2) by adding at the end thereof the following new paragraph:
"(2) To the extent provided in appropriation Acts, any funds
appropriated under the authority of paragraph (1) of this subsection
prior to the date of enactment of the Rail Safety and Service
Improvement Act of 1982 may be reappropriated to the Secretary, to
facilitate the transfer of rail commuter services from the Corporation
to other operators, for distribution under the statutory provisions of
section 1139(b) of the Northeast Rail Service Act of 1981.".
(c)(1) Section 217(a) of the Regional Rail Reorganization Act of 1973
(45 U.S.C. 727(a)) is amended by striking "$262,000,000" and inserting
in lieu thereof "$137,000,000".
(2) Section 217(f) of the Regional Rail Reorganization Act of 1973
(45 U.S.C. 727(f)) // 95 Stat. 653. // is amended to read as follows:
"(f) Authorization of Appropriations.-(1) There is authorized to be
appropriated not to exceed $262,000,000--,
"(A) of which not to exceed $137,000,000 shall be appropriated
to the Association for purposes of purchasing securities and
accounts receivable of the Corporation under this section, such
sums to remain available until the Secretary transfers the
Corporation under title IV of this Act;
// 45 USC 761. //
"(B) of which not to exceed $75,000,000 shall be appropriated
to the Secretary, to facilitate the transfer of rail commuter
services from the Corporation to other operators, for distribution
under the statutory provisions of section 1139(b) of the Northeast
Rail Service Act of 1981;
// 95 Stat. 652. 45 USC 744a. //
"(C) of which not to exceed $35,000,000 shall be appropriated
to the Secretary to be allocated for employee protection under
section 106 of the Rock Island Railroad Transition and Employee
Assistance Act (45 U.S.C. 1005); and
"(D) of which not to exceed $15,000,000 shall be appropriated
to the Secretary to facilitate the transfer of rail commuter
services from railroads that entered reorganization after calendar
year 1974 to any commuter authority that was providing commuter
service, operated by a railroad that entered reorganization after
calendar year 1974, as of January 1, 1979.
"(2) All sums received on account of the holding or disposition of
any securities or accounts receivable referred to in paragraph (1)(A) of
this subsection shall be deposited in the general fund of the Treasury.
"(3) The amount authorized to be appropriated under paragraph (1)(B)
of this subsection shall be reduced, in an amount equal to any amounts
reappropriated under the authority of section 216(g)(2) of this Act,
upon the date of enactment of any Act // 45 USC 726. // which
reappropriates such amounts.".
Sec. 505. (a) Section 1165 of the Northeast Rail Service Act of 1981
// 95 Stat. 686. 45 USC 1113. // is amended--,
(1) by inserting "(a)" immediately after " Sec. 1165."; and
(2) by adding at the end thereof the following new subsection:
"(b) Conrail employees who are deprived of employment by an
assumption or discontinuance of intercity passenger service by Amtrak
shall be eligible for employee protection benefits under section 701 of
the Regional Rail Reorganization Act of 1973 (45 U.S.C. 797), // 95
Stat. 661. // notwithstanding any other provision of law, agreement, or
arrangement, and notwithstanding the inability of such employees
otherwise to meet the eligibility requirements of such section. Such
protection shall be the exclusive protection applicable to Conrail
employees deprived of employment or adversely affected by any such
assumption or discontinuance.".
Sec. 506. (a) Section 10910(b)(1)(A)(ii) of title 49, United States
Code, is amended by striking "has been placed" and inserting in lieu
thereof "is", and by inserting "before an application to purchase such
line, or any required preliminary filing with respect to such
application, is filed under this section" immediately after "10903 and
10904 of this title".
(b) The amendment made by subsection (a) of this section // 49 USC
10910. // shall be effective with respect to any application or
preliminary filing with respect to which the Commission has made no
final decision before May 1, 1982, except that such amendment shall not
affect any line which has been removed from the carrier's system diagram
map before the date of enactment of this Act.
Sec. 507. There is authorized to be appropriated to the Secretary of
Transportation $15,600,000 for the fiscal year ending September 30,
1983, for the Office of the Administrator of the Federal Railroad
Administration, of which not to exceed $9,200,000 shall be used for
executive direction and administration and not to exceed $6,400,000
shall be used for policy support.
Sec. 508. Section 505 of the Rail Passenger Service Act
(45 U.S.C. 585) // 95 Stat. 650. // is amended--,
(1) by striking " Board of Directors of Amtrak Commuter" both
places it appears and inserting in lieu thereof " Northeast
Corridor Coordination Board"; and
(2) by adding at the end thereof the following new subsection:
"(c) The Northeast Corridor Coordination Board shall consist of (1)
one member from each commuter authority, within the meaning of such term
under section 1135(a)(3) of the Northeast Rail Service Act of 1981 (45
U.S.C. 1104(a)(3)), // 95 Stat. 645. // which operates or contracts for
the operation of rail commuter service over the main line of the
Northeast Corridor; (2) two members to be named by Amtrak; and (3) one
member to be named by the Consolidated Rail Corporation.".
Sec. 509. Title V of the Rail Passenger Service Act (45 U.S.C. 581
et seq.) is amended by adding at the end thereof the following new
section:
" SEC. 511. // 45 USC 591. // APPLICABILITY OF LAWS.
" Any commuter authority operating commuter service under this title
shall be subject to applicable laws with respect to such service,
including, but not limited to, the Railway Labor Act (45 U.S.C. 151 et
seq.), the Railroad Retirement Act of 1974 (45 U.S.C. 231 et seq.), the
Railroad Retirement Tax Act (26 U.S.C. 3201 et seq.), and the Railroad
Unemployment Insurance Act (45 U.S.C. 351 et seq.).".
Sec. 510. Section 1164(c) of the Northeast Rail Service Act of 1981
(45 U.S.C. 1112(c)) // 95 Stat. 685. // is amended--,
(1) in paragraph (1)--,
inserting
in lieu thereof "bankruptcy or substantial sale"; and
" The
Secretary may substitute for the evidence of such debt
contingency notes payable solely from the railroad
operating
assets then securing such debt, including reinvestments
thereof, or such other contingency notes as the
Secretary
deems appropriate and which conform to the terms set
forth in this subsection.";
(2) by amending paragraph (2) to read as follows:
"(2) If the interest of the United States is limited under paragraph
(1), any new debt issued by such a railroad subsequent to the issuance
of the debt described in paragraph (1) may have such higher priority in
the event of bankruptcy, liquidation, or abandonment of the assets of
such a railroad then the debt described in such paragraph as the
Secretary and the railroad may agree."; and
(3) by adding at the end thereof the following new paragraph:
"(3) In carrying out the duties under this subsection, the Secretary
may (A) enter into such agreements, (B) in accordance with any such
agreements, cancel or cause to be cancelled or amend or cause to be
amended any notes or securities currently held by agencies or
instrumentalities of the United States, and (C) accept in exchange as
substitution therefor such instruments evidencing the indebtedness owed
to such agencies or instrumentalities as, in the Secretary's judgment,
will effectuate the purposes of this subsection.".
Sec.511. (a) Notwithstanding any other provision of law, the
Secretary of Transportation shall provide Federal financial assistance,
in accordance with the provisions of this section, for the acquisition
and rehabilitation (including related new construction of sidings and
connecting tracks) of the feeder line which the Illinois Central Gulf
Railroad has abandoned extending between Milepost 72 near Herscher,
Illinois and Milepost 135 near Barnes, Illinois (known as the " Bloomer
Line").
(b) In carrying out this section, the Secretary shall provide
assistance to a qualified applicant in an amount not to exceed 90
percent of the acquisition costs and 80 percent of the rehabilitation
costs associated with the redevelopment of the feeder line. Any
qualified applicant may provide the non-Federal share of the costs of
such project.
(c) If an application is filed with the Secretary which is supported
by a preponderance of the rail service users on the feeder line or
segment of such line for which such an application is filed, the
Secretary shall act expeditiously on such application. If the Secretary
denies an application filed under this section, the Secretary must
provide to the applicant a contemporaneous statement of reasons for the
denial and a list of the specific amendments to the application which,
if made, would cause the Secretary to approve such application.
(d) If the entity purchasing the line described in subsection (a) of
this section petitions the Interstate Commerce Commission for joint
rates applicable to traffic moving over through routes in which the
purchasing carrier may practically participate, the Commission shall,
within 30 days after the date such petition is filed and pursuant to
section 10705(a) of title 49, United States Code, require the
establishment of reasonable joint rates and divisions over such route.
(e) There is authorized to be appropriated$3,000,000 to carry out
this section.
(f) As used in this section, the term "qualified applicant" means--,
(1) a State or local governmental entity;
(2) a person who is able to assure that adequate transportation
will be provided over a substantial portion of the feeder line
described in subsection (a) of this section for a period of not
less than 3 years; or
(3) any combination of members of the classes of applicants
described in paragraphs (1) and (2) of this subsection.
Sec. 601. This title // 45 USC 1201. // may be cited as the "
Alaska Railroad Transfer Act of 1982".
Sec. 602. // 45 USC 1201. // The Congress finds that--,
(1) the Alaska Railroad, which was built by the Federal
Government to serve the transportation and development needs of
the Territory of Alaska, presently is providing freight and
passenger services that primarily benefit residents and businesses
in the State of Alaska;
(2) many communities and individuals in Alaska are wholly or
substantially dependent on the Alaska Railroad for freight and
passenger service and provision of such service is an essential
governmental function;
(3) continuation of services of the Alaska Railroad and the
opportunity for future expansion of those services are necessary
to achieve Federal, State, and private objectives; however,
continued Federal control and financial support are no longer
necessary to accomplish these objectives;
(4) the transfer of the Alaska Railroad and provision for its
operation by the State in the manner contemplated by this title is
made pursuant to the Federal goal and ongoing program of
transferring appropriate activities to the States;
(5) the State's continued operation of the Alaska Railroad
following the transfer contemplated by this title, together with
such expansion of the railroad as may be necessary or convenient
in the future, will constitute an appropriate public use of the
rail system and associated properties, will provide an essential
governmental service, and will promote the general welfare of
Alaska's residents and visitors; and
(6) in order to give the State government the ability to
determine the Alaska Railroad's role in serving the State's
transportation needs in the future, including the opportunity to
extend rail service, and to provide a savings to the Federal
Government, the Federal Government should offer to transfer the
railroad to the State, in accordance with the provisions of this
title, in the same manner in which other Federal transportation
functions (including highways and airports) have been transferred
since Alaska became a State in 1959.
Sec. 603. // 45 USC 1202. // As used in this title, the term--,
(1) " Alaska Railroad" means the agency of the United States
Government that is operated by the Department of Transportation as
a rail carrier in Alaska under authority of the Act of March 12,
1914 (43 U.S.C. 975 et seq.) (popularly referred to as the "
Alaska Railroad Act") and section 6(i) of the Department of
Transportation Act (49 U.S.C. 1655(i)), or, as the context
requires, the railroad operated by that agency;
(2) " Alaska Railroad Revolving Fund" means the public
enterprise fund maintained by the Department of the Treasury into
which revenues of the Alaska Railroad and appropriations for the
Alaska Railroad are deposited, and from which funds are expended
for Alaska Railroad operation, maintenance and construction work
authorized by law;
(3) "claim of valid existing rights" means any claim to the
rail properties of the Alaska Railroad on record in the Department
of the Interior as of the day before the date of enactment of this
Act;
(4) "date of transfer" means the date on which the Secretary
delivers to the State the four documents referred to in section
604(b)(1) of this title;
(5) "employees" means all permanent personnel employed by the
Alaska Railroad on the date of transfer, including the officers of
the Alaska Railroad, unless otherwise indicated in this title;
(6) "exclusive-use easement" means an easement which affords to
the easement holder the following:
the
transportation, communication, and transmission purposes
and associated support functions for which the surface
of
such lands is used;
fence
all or part of the lands subject to this easement and
to affix
track, fixtures, and structures to such lands and to
exclude
other persons from all or part of such lands;
(7) " Native Corporation" has the same meaning as such term has
under section 102(6) of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3102(6));
(8) "officers of the Alaska Railroad" means the employees
occupying the following positions at the Alaska Railroad as of the
day before the date of transfer: General Manager; Assistant
General Manager; Assistant to the General Manager; Chief of
Administration; and Chief Counsel;
(9) "public lands" has the same meaning as such term has under
section 3(e) of the Alaska Native Claims Settlement Act (43 U.S.
C. 1602(e));
(10) "rail properties of the Alaska Railroad" means all right,
title, and interest of the United States to lands, buildings,
facilities, machinery, equipment, supplies, records rolling stock,
trade names, accounts receivable, goodwill, and other real and
personal property, both tangible and intangible, in which there is
an interest reserved, withdrawn, appropriated, owned, administered
or otherwise held or validly claimed for the Alaska Railroad by
the United States or any agency or instrumentality thereof as of
the date of enactment of this Act, but excluding any such
properties disposed of, and including any such properties
acquired, in the ordinary course of business after that date but
before the date of transfer, and also including the exclusive--,
use easement within the Denali National Park and Preserve conveyed
to the State pursuant to this title and also exluding the
following:
taken
up, entered, or located in Alaska, as provided by the
Act of
March 12, 1914 (43 U.S.C. 975 et seq.);
power of
eminent domain;
the
State, are unobligated funds appropriated from general
tax
revenues or are needed to satisfy obligations incurred
by
the United States in connection with the operation of
the
Alaska Railroad which would have been paid from such
Fund but for this title and which are not assumed by
the
State pursuant to this title;
demonstrates,
in consultation with the State, prior to the date of
transfer under section 604 of this title, to be
necessary to
carry out functions of the United States after the
date of
transfer; and
National
Park and Preserve;
(11) "right-of-way" means, except as used in section 609 of
this title--,
branch line
of the Alaska Railroad; or
appropriated
or retained by or for the Alaska Railroad that, as a
result of military jurisdiction over, or non-Federal
ownership
of, lands abutting the main line or branch line, is of a
width less than that described in subparagraph (A) of
this
paragraph;
(12) " Secretary" means the Secretary of Transportation;
(13) " State" means the State of Alaska or the State-owned
railroad, as the context requires;
(14) " State-owned railroad" means the authority, agency,
corporation or other entity which the State of Alaska designates
or contracts with to own, operate or manage the rail properties of
the Alaska Railroad or, as the context requires, the railroad
owned, operated, or managed by such authority, agency,
corporation, or other entity; and
(15) " Village Corporation" has the same meaning as such term
has under section 3(j) of the Alaska Native Claims Settlement Act
(43 U.S.C. 1602(j)).
Sec. 604. // 45 USC 1203. // (a) Subject to the provisions of this
title, the United States, through the Secretary, shall transfer all rail
properties of the Alaska Railroad to the State. Such transfer shall
occur as soon as practicable after the Secretary has made the
certifications required by subsection (d) of this section and shall be
accomplished in the manner specified in subsection (b) of this section.
(b)(1) On the date of transfer, the Secretary shall simultaneously:
(A) deliver to the State a bill of sale conveying title to all
rail properties of the Alaska Railroad except any interest in real
property;
(B) deliver to the State an interim conveyance of the rail
properties of the Alaska Railroad that are not conveyed pursuant
to subparagraph (A) of this paragraph and are not subject to
unresolved claims of valid existing rights;
(C) deliver to the State an exclusive license granting the
State the right to use all rail properties of the Alaska Railroad
not conveyed pursuant to subparagraphs (A) or (B) of this
paragraph pending conveyances in accordance with the review and
settlement or final administrative adjudication of claims of valid
existing rights;
(D) convey to the State a deed granting the State (i) an
exclusive-use easement for that portion of the right-of-way of the
Alaska Railroad within the Denali National Park and Preserve
extending not less than one hundred feet on either side of the
main or branch line tracks, and eight feet on either side of the
centerline of the " Y" track connecting the main line of the
railroad to the power station at Mc Kinley Park Station and (ii)
title to railroad-related improvements within such right-of-way.
Prior to taking the action specified in subparagraphs (A) through (D) of
this paragraph, the Secretary shall consult with the Secretary of the
Interior. The exclusive-use easement granted pursuant to subparagraph
(D) of this paragraph and all rights afforded by such easement shall be
exercised only for railroad purposes, and for such other transportation,
transmission, or communication purposes for which lands subject to such
easement were utilized as of the date of enactment of this Act. In the
event of reversion to the United States, pursuant to section 610 of this
title, of the State's interests in all or part of the lands subject to
such easement, such easement shall terminate with respect to the lands
subject to such reversion, and no new exclusive-use easement with
respect to such reverted lands shall be granted except by Act of
Congress.
(2) The Secretary shall deliver to the State an interim conveyance of
rail properties of the Alaska Railroad described in paragraph (1)(C) of
this subsection that become available for conveyance to the State after
the date of transfer as a result of settlement, relinquishment, or final
administrative adjudication pursuant to section 606 of this title.
Where the rail properties to be conveyed pursuant to this paragraph are
surveyed at the time they become available for conveyance to the State,
the Secretary shall deliver a patent therefor in lieu of an interim
conveyance.
(3) The force and effect of an interim conveyance made pursuant to
paragraphs (1)(B) or (2) of this subsection shall be to convey to and
vest in the State exactly the same right, title, and interest in and to
the rail properties identified therein as the State would have received
had it been issued a patent by the United States. The Secretary of the
Interior shall survey the land conveyed by an interim conveyance to the
State pursuant to paragraphs (1)(B) or (2) of this subsection and, upon
completion of the survey, the Secretary shall issue a patent therefor.
(4) The license granted pursuant to paragraph (1)(C) of this
subsection shall authorize the State to use, occupy, and directly
receive all benefits of the rail properties described in the license for
the operation of the State-owned railroad in conformity with the
Memorandum of Understanding referred to in section 606(b)(3) of this
title. The license shall be exclusive, subject only to valid leases,
permits, and other instruments issued before the date of transfer and
easements reserved pursuant to subsection (c)(2) of this section. With
respect to any parcel conveyed pursuant to this title, the license shall
terminate upon conveyance of such parcel.
(c)(1) Interim conveyances and patents issued to the State pursuant
to subsection (b) of this section shall confirm, convey and vest in the
State all reservations to the United States (whether or not expressed in
a particular patent or document of title), except the unexercised
reservations to the United States for future rights-of--, way made or
required by the first section of the Act of March 12, 1914 (43 U.S.C.
975d). The conveyance to the State of such reservations shall not be
affected by the repeal of such Act under section 615 of this title.
(2) In the license granted under subsection (b)(1)(C) of this section
and in all conveyances made to the State under this title, there shall
be reserved to the Secretary of the Interior, the Secretary of Defense
and the Secretary of Agriculture, as appropriate, existing easements for
administration (including agency transportation and utility purposes)
that are identified in the report required by section 605(a) of this
title. The appropriate Secretary may obtain, only after consent of the
State, such future easements as are necessary for administration.
Existing and future easements and use of such easements shall not
interfere with operations and support functions of the State--, owned
railroad.
(3) There shall be reserved to the Secretary of the Interior the
right to use and occupy, without compensation, five thousand square feet
of land at Talkeetna, Alaska, as described in ARR lease numbered 69 - 25
- 0003 - 5165 for National Park Service administrative activities, so
long as the use or occupation does not interfere with the operation of
the State-owned railroad. This reservation shall be effective on the
date of transfer under this section or the expiration date of such
lease, whichever is later.
(d)(1) Prior to the date of transfer, the Secretary shall certify
that the State has agreed to operate the railroad as a rail carrier in
intrastate and interstate commerce.
(2)(A) Prior to the date of transfer, the Secretary shall also
certify that the State has agreed to assume all rights, liabilities, and
obligations of the Alaska Railroad on the date of transfer, including
leases, permits, licenses, contracts, agreements, claims, tariffs,
accounts receivable, and accounts payable, except as otherwise provided
by this title.
(B) Notwithstanding the provisions of subparagraph (A) of this
paragraph, the United States shall be solely responsible for--,
(i) all claims and causes of action against the Alaska Railroad
that accrue on or before the date of transfer, regardless of the
date on which legal proceedings asserting such claims were or may
be filed, except that the United States shall, in the case of any
tort claim, only be responsible for any such claim against the
United States that accrues before the date of transfer and results
in an award, compromise, or settlement of more than $2,500, and
the United States shall not compromise or settle any claim
resulting in State liability without the consent of the State,
which consent shall not be unreasonably withheld; and
(ii) all claims that resulted in a judgment or award against
the Alaska Railroad before the date of transfer.
(C) For purposes of subparagraph (B) of this paragraph, the term
"accrue" shall have the meaning contained in section 2401 of title 28,
United States Code.
(3)(A) Prior to the date of transfer, the Secretary shall also
certify that the State-owned railroad has established arrangements
pursuant to section 607 of this title to protect the employment
interests of employees of the Alaska Railroad during the two-year period
commencing on the date of transfer. These arrangements shall include
provisions--,
(i) which ensure that the State-owned railroad will adopt
collective bargaining agreements in accordance with the provisions
of subparagraph (B) of this paragraph;
(ii) for the retention of all employees, other than officers of
the Alaska Railroad, who elect to transfer to the State-owned
railroad in their same positions for the two-year period
commencing on the date of transfer, except in cases of
reassignment, separation for cause, resignation, retirement, or
lack of work;
(iii) for the payment of compensation to transferred employees
(other than employees provided for in subparagraph (E) of this
paragraph), except in cases of separation for cause, resignation,
retirement, or lack of work, for two years commencing on the date
of transfer at or above the base salary levels in effect for such
employees on the date of transfer, unless the parties otherwise
agree during that two-year period;
(iv) for priority of reemployment at the State-owned railroad
during the two-year period commencing on the date of transfer for
transferred employees who are separated for lack of work, in
accordance with subparagraph (C) of this paragraph (except for
officers of the Alaska Railroad, who shall receive such priority
for one year following the date of transfer);
(v) for credit during the two-year period commencing on the
date of transfer for accrued annual and sick leave, seniority
rights, and relocation and turnaround travel allowances which have
been accrued during their period of Federal employment by
transfered employees retained by the State-owned railroad (except
for officers of the Alaska Railroad, who shall receive such credit
for one year following the date of transfer);
(vi) for payment to transferred employees retained by the
State-owned railroad during the two-year period commencing on the
date of transfer, including for one year officers retained or
separated under subparagraph (E) of this paragraph, of an amount
equivalent to the cost-of-living allowance to which they are
entitled as Federal employees on the day before the date of
transfer, in accordance with the provisions of subparagraph (D) of
this paragraph; and
(vii) for health and life insurance programs for transferred
employees retained by the State-owned railroad during the two--,
year period commencing on the date of transfer, substantially
equivalent to the Federal health and life insurance programs
available to employees on the day before the date of transfer
(except for officers of the Alaska Railroad, who shall receive
such redit for one year following the date of transfer).
(B) The State-owned railroad shall adopt all collective bargaining
agreements which are in effect on the date of transfer. Such agreements
shall continue in effect for the two-year period commencing on the date
of transfer, unless the parties agree to the contrary before the
expiration of that two-year period. Such agreements shall be
renegotiated during the two-year period, unless the parties agree to the
contrary. Any labor-management negotiation impasse declared before the
date of transfer shall be settled in accordance with chapter 71 of title
5, United States Code. // 5 USC 7101. // Any impasse declared after the
date of transfer shall be subject to applicable State law.
(C) Federal service shall be included in the computation of seniority
for transferred employees with priority for reemployment, as provided in
subparagraph (A)(iv) of this paragraph.
(D) Payment to transferred employees pursuant to subparagraph (A)(
vi) of this paragraph shall not exceed the percentage of any transferred
employee's base salary level provided by the United States as a
cost-of-living allowance on the day before the date of transfer, unless
the parties agree to the contrary.
(E) Prior to the date of transfer, the Secretary shall also certify
that the State-owned railroad has agreed to the retention, for at least
one year from the date of transfer, of the offices of the Alaska
Railroad, except in cases of separation for cause, resignation,
retirement, or lack of work, at or above their base salaries in effect
on the date of transfer, in such positions as the State-owned railroad
may determine; or to the payment of lump-sum severance pay in an amount
equal to such base salary for one year to officers not retained by the
State-owned railroad upon transfer or, for officers separated within one
year on or after the date of transfer, of a portion of such lump-sum
severance payment (diminished pro rata for employment by the State-owned
railroad within one year of the date of transfer prior to separation).
(4) Prior to the date of transfer, the Secretary shall also certify
that the State has agreed to allow representatives of the Secretary
adequate access to employees and records of the Alaska Railroad when
needed for the performance of functions related to the period of Federal
ownership.
(5) Prior to the date of transfer, the Secretary shall also certify
that the State has agreed to compensate the United States at the value,
if any, determined pursuant to section 605(d) of this title.
Sec. 605. // 45 USC 1204. // (a) within 6 months after the date of
enactment of this Act, the Secretary and the Governor of Alaska shall
jointly prepare and deliver to the Congress of the United States and the
legislature of the State a report that describes to the extent possible
the rail properties of the Alaska Railroad, the liabilities and
obligations to be assumed by the State, the sum of money, if any, in the
Alaska Railroad Revolving Fund to be withheld from the State pursuant to
section 603(8)(C) of this title, and any personal property to be
withheld pursuant to section 603(8)(D) of this title. The report shall
separately identify by the best available descriptions (1) the rail
properties of the Alaska Railroad to be transferred pursuant to section
604(b)(1)(A), (B), and (D) of this title; (2) the rail properties to be
subject to the license granted pursuant to section 604(b)(1)(C) of this
title; and (3) the easements to be reserved pursuant to section
604(c)(2) of this title. The Secretaries of Agriculture, Defense, and
the Interior and the Administrator of the General Services
Administration shall provide the Secretary with all information and
assistance necessary to allow the Secretary to complete the report
within the time required.
(b) During the period from the date of enactment of this Act until
the date of transfer, the State shall have the right to inspect,
analyze, photograph, photocopy and otherwise evaluate all of the rail
properties of the Alaska Railroad and all records related to the rail
properties of the Alaska Railroad maintained by any agency of the United
States under conditions established by the Secretary to protect the
confidentiality of proprietary business data, personnel records, and
other information, the public disclosure of which is prohibited by law.
During that period, the Secretary and the Alaska Railroad shall not,
without the consent of the State and only in conformity with applicable
law and the Memorandum of Understanding referred to in section 606(b)(3)
of this title--,
(1) make or incur any obligation to make any individual capital
expenditure of money from the Alaska Railroad Revolving Fund in
excess of $300,000;
(2) (except as required by law) sell, exchange, give, or
otherwise transfer any real property included in the rail
properties of the Alaska Railroad; or
(3) lease any rail property of the Alaska Railroad for a term
in excess of five years.
(c) Prior to transfer of the rail properties of the Alaska Railroad
to the State, the Alaska Railroad's accounting practices and systems
shall be capable of reporting data to the Interstate Commerce Commission
in formats required of comparable rail carriers subject to the
jurisdiction of the Interstate Commerce Commission.
(d)(1) Within nine months after the date of enactment of this Act,
the United States Railway Association (hereinafter in this section
referred to as the " Association") shall determine the fair market value
of the Alaska Railroad under the terms and conditions of this title,
applying such procedures, methods and standards as are generally
accepted as normal and common practice. Such determination shall
include an appraisal of the real and personal property to be transferred
to the State pursuant to this title. Such appraisal by the Association
shall be conducted in the usual manner in accordance with generally
accepted industry standards, and shall consider the current fair market
value and potential future value if used in whole or in part for other
purposes. The Association shall take into account all obligations
imposed by this title and other applicable law upon operation and
ownership of the State-owned railroad. in making such determination,
the Association shall use to the maximum extent practicable all relevant
data and information, including, if relevant, that contained in the
report prepared pursuant to subsection (a) of this section.
(2) The determination made pursuant to paragraph (1) of this
subsection shall not be construed to affect, enlarge, modify, or
diminish any inventory, valuation, or classification required by the
Interstate Commerce Commission pursuant to subchapter V of chapter 107
of title 49, United States Code (49 U.S.C. 10781 et seq.).
(e) Section 202(a) of the Regional Rail Reorganization Act of 1973 //
45 USC 712. // is amended--,
(1) by striking "and" at the end of paragraph (9);
(2) by striking the period at the end of paragraph (10) and
inserting in lieu thereof "; and"; and
(3) by adding at the end thereof the following new paragraph:
"(11) determine the value of the Alaska Railroad, as required
by section 605 of the Alaska Railroad Transfer Act of 1982.".
Sec. 606. // 45 USC 1205. // (a) Lands among the rail properties of
the Alaska Railroad shall not be--,
(1) available for selection under section 12 of the Act of
January 2, 1976, as amended (43 U.S.C. 1611, note), subject to the
exception contained in section 12(b)(8)(i)(D) of such Act, as
amended by subsection (d)(5) of this section;
(2) available for conveyance under section 1425 of the Alaska
National Interest Lands Conservation Act (Public Law 96 - 487; 94
Stat. 2515);
(3) available for conveyance to Chugach Natives, Inc., under
sections 1429 or 1430 of the Alaska National Interest Lands
Conservation Act (Public Law 96 - 487; 94 Stat. 2531) or under
sections 12(c) or 14(h)(8) of the Alaska Native Claims Settlement
Act (43 U.S.C. 1611(c) and 1613(h)(8), respectively); or
(4) available under any law or regulation for entry, location,
or for exchange by the United States, or for the initiation of a
claim or selection by any party other than the State or other
transferee under this title, except that this paragraph shall not
prevent a conveyance pursuant to section 12(b)(8)(i)(D) of the Act
of January 2, 1976 (43 U.S.C. 1611, note), as amended by
subsection (d)(5) of this section.
(b)(1)(A) During the ten months following the date of enactment of
this Act, so far as practicable consistent with the priority of
preparing the report required pursuant to section 605(a) of this title,
the Secretary of the Interior, Village Corporations with claims of valid
existing rights, and the State shall review and make a good faith effort
to settle as many of the claims as possible. Any agreement to settle
such claims shall take effect and bind the United States, the State, and
the Village Corporation only as of the date of transfer of the railroad.
(B) At the conclusion of the review and settlement process provided
in subparagraph (A) of this paragraph, the Secretary of the Interior
shall prepare a report identifying lands to be conveyed in accordance
with settlement agreements under this title or applicable law. Such
settlement shall not give rise to a presumption as to whether a parcel
of land subject to such agreement is or is not public land.
(2) The Secretary of the Interior shall have the continuing
jurisdiction and duty to adjudicate unresolved claims of valid existing
rights pursuant to applicable law and this title. The Secretary of the
Interior shall complete the final administrative adjudication required
under this subsection not later than three years after the date of
enactment of this Act, and shall complete the survey of all lands to be
conveyed under this title not later than five years after the date of
enactment of this Act, and after consulting with the Governor of the
State of Alaska to determine priority of survey with regard to other
lands being processed for patent to the State. The Secretary of the
Interior shall give priority to the adjudication of Village Corporation
claims as required in this section. Upon completion of the review and
settlement process required by paragraph (1)(A) of this subsection, with
respect to lands not subject to an agreement under such paragraph, the
Secretary of the Interior shall adjudicate which lands subject to claims
of valid existing rights filed by Village Corporations, if any, are
public lands and shall complete such final administrative adjudication
within two years after the date of enactment of this Act.
(3) Pending settlement or final administrative adjudication of claims
of valid existing rights filed by Village Corporations prior to the date
of transfer or while subject to the license granted to the State
pursuant to section 604(b)(1)(C) of this title, lands subject to such
claims shall be managed in accordance with the Memordandum of
Understanding among the Federal Railroad Administration, the State,
Eklutna, Incorporated, Cook Inlet Region, Incorporated (as that term is
used in section 12 of the Act of January 2, 1976 (Public Law 94 - 204;
89 Stat. 1150)), and Toghotthele Corporation, executed by authorized
officers or representatives of each of these entities. Duplicate
originals of the Memorandum of Understanding shall be maintained and
made available for public inspection and copying in the Office of the
Secretary, at Washington, District of Columbia, and in the Office of the
Governor of the State of Alaska, at Juneau, Alaska.
(4) The following procedures and requirements are established to
promote finality of administrative adjudication of claims of valid
existing rights filed by Village Corporations, to clarify and simplify
the title status of lands subject to such claims, and to avoid potential
impairment of railroad operations resulting from joint or divided
ownership in substantial segments of right-of-way:
(A)(i) Prior to final administrative adjudication of Village
Corporation claims of valid existing rights in land subject to the
license granted under section 604(b)(1)(C) of this title, the
Secretary of the Interior may, notwithstanding any other provision
of law, accept relinquishment of so much of such claims as
involved lands within the right-of-way through execution of an
agreement with the appropriate Village Corporation effective on or
after the date of transfer. Upon such relinquishment, the
interest of the United States in the right-of-way shall be
conveyed to the State pursuant to section 604(b)(1)(B) or (2) of
this title.
(ii) With respect to a claim described in clause (i) of this
subparagraph that is not settled or relinquished prior to final
administrative adjudication, the Congress finds that exclusive
control over the right-of-way by the Alaska Railroad has been and
continues to be necessary to afford sufficient protection for safe
and economic operation of the railroad. Upon failure of the
interested Village Corporation to relinquish so much of its claims
as involve lands within the right-of-way prior to final
adjudication of valid existing rights, the Secretary shall convey
to the State pursuant to section 604(b)(1)(B) or (2) of this title
all right, title and interest of the United States in and to the
right--, of-way free and clear of such Village Corporation's claim
to and interest in lands within such right-of-way.
(B) Where lands within the right-of-way, or any interest in
such lands, have been conveyed from Federal ownership prior to the
date of enactment of this Act, or is subject to a claim of valid
existing rights by a party other than a Village Corporation, the
conveyance to the State of the Federal interest in such properties
pursuant to section 604(b)(1)(B) or (2) of this title shall grant
not less than an exclusive-use easement in such properties. The
foregoing requirements shall not be construed to permit the
conveyance to the State of less than the entire Federal interest
in the rail properties of the Alaska Railroad required to be
conveyed by section 604(b) of this title. If an action is
commenced against the State or the United States contesting the
validity or existence of a reservation of right-of--, way for the
use or benefit of the Alaska Railroad made prior to the date of
enactment of this Act, the Secretary of the Interior, through the
Attorney General, shall appear in and defend such action.
(c)(1) The final administrative adjudication pursuant to subsection
(b) of this section shall be final agency action and subject to judicial
review only by an action brought in the United States District Court for
the District of Alaska. Review of agency action pursuant to this title
shall be expedited to the same extent as the expedited review provided
by section 1108 of the Alaska National Interest Lands Conservation Act
(16 U.S.C. 3168).
(2) No administrative or judicial action under this title shall
enjoin or otherwise delay the transfer of the Alaska Railroad pursuant
to this title, or substantially impair or impede the operations of the
Alaska Railroad or the State-owned railroad.
(3) Before the date of transfer, the State shall have standing to
participate in any administrative determination or judicial review
pursuant to this title. If transfer to the State does not occur
pursuant to section 604 of this title, the State shall not thereafter
have standing to participate in any such determination or review.
(d)(1) Section 12(b)(7)(i) of the Act of January 2, 1976 (Public Law
94 - 204) // 43 USC 1611. // is amended--,
(A) by striking "subsection 12(b)(6)" and inserting in lieu
thereof "section 12(b)(5) and (6)";
(B) by striking "12(b)(7)(ii)" and inserting in lieu thereof
"12(b)(7)(iv)";
(C) by striking "crediting" and inserting in lieu thereof
"using";
(D) by striking "this subsection 12(b)(7)(i)(b)" and inserting
in lieu thereof "these subsections 12(b)(7)(i)(b) or (ii)";
(E) by striking " State" in the last sentence and inserting in
lieu thereof "state"; and
(F) by striking the penultimate sentence.
(2) Section 12(b)(7) of such Act is amended--,
(A) by redesignating subsections (ii) through (iv) as
subsections (iv) through (vi), respectively; and
(B) by inserting immediately after subsection (i) the
following:
"(ii) Subject to the exceptions stated in section 12(b)(9), and
notwithstanding the foregoing subsection 12(b)(7)(i) and any provision
of any other law or any implementing regulation inconsistent with this
subsection, until the obligations of the Secretary and the Administrator
of General Services under section 12(b)(5) and (6) are otherwise
fulfilled:
"(A) concurrently with the commencement of screening of any
excess real property, wherever located, for utilization by Federal
agencies, the Administrator of General Services shall notify the
Region that such property may be available for conveyance to the
Region upon negotiated sale. Within fiftenn days of the date of
receipt of such notice, the Region may advise the Administrator
that there is a tentative need for the property to fulfill the
obligations established under section 12(b) (5) and (6).
// 43 USC 1611. //
If the Administrator determines the property should be disposed of
by transfer to the Region, the Adminstrator or other appropriate
Federal official shall promptly transfer such property;
"(B) no disposition or conveyance of property under this
subsection to the Region shall be made until the Administrator,
after notice to affected State and local governments, has provided
to them such opportunity to obtain the property as is recognized
in title 40, United States Code and the regulations thereunder for
the disposition or conveyance of surplus property; and
"(C) as used in this subsection, 'real property' means any land
or interests in land owned or held by the United States or any
Federal agency, any improvements on such land or rights to their
use or exploitation, and any personal property related to the
land.
"(iii) If the Region accepts any conveyance under section 12(b)(7)
(i) or (ii), it shall be in exchange for acres or acre-equivalents as
provided in subparagraph I(C)(2)(e) of the document referred to in this
section, except that, after the obligation of the Secretary and the
Administrator under subparagraph I(C)(2)(g) of that document has been
fulfilled, the acre-equivalents under subparagraph I(C)(2)(e)(iii)(A)
shall be one-half the valued increment therein stated. The entitlement
of the Region under section 12(b) of this Act shall be reduced by the
number of acres or acre-equivalents attributed to the Region under this
subsection. The Secretary and the Administrator are directed to execute
an agreement with the Region which shall conform substantially to the '
Memorandum of Understanding Regarding the Implementation of Section
12(b)(7)', dated September 10, 1982, and submitted to the Senate
Committee on Commerce, Science, and Transportation. The Secretary, the
Administrator and the Region may thereafter otherwise agree to
procedures to implement responsibilities under this section 12(b)(7),
including establishment of accounting procedures and the delegation or
reassignment of duties under this statute.".
(3) Section 12(b)(7)(iv) of such Act, // 43 USC 1611. // as so
redesignated by paragraph (2) of this subsection, is amended--,
(A) by striking "surplus" the first place it appears therein;
(B) by inserting immediately before the period at the end of
the first sentence the following: "or paying for the conveyance
of property pursuant to subsections (i) or (ii)";
(C) by inserting immediately after "account shall be" the
following: "the sum of (1)";
(D) by striking " I(C)(2)(e)" and inserting in lieu thereof "
I(C)(2)(e)(iii)(A)";
(E) by striking "the effective date of this subsection", and
inserting in lieu thereof " December 2, 1980";
(F) by striking "and shall be adjusted" and inserting in lieu
thereof "and (2) one-half the acre or acre-equivalent exchange
value under subparagraph I(C)(2)(e)(iii)(A) of ten townships fewer
than the unfulfilled entitlement of the Region on the same date to
acres or acre-equivalents under paragraph I(C) (1) of the document
referred to in this section. The balance of the property account
shall be adjusted in accordance with subsection 12(b)(7)(iii)";
and
(G) by striking "subsection 12(b)(6)" and inserting in lieu
thereof "section 12(b)(5) and (6)".
(4) Section 12(b)(7)(v) of such Act, // 43 USC 1611. // as so
redesignated by paragraph (2) of this subsection, is amended by striking
"subsection (ii)" and inserting in lieu thereof "subsection (iv)".
(5) Section 12(b)(8) of such Act // 43 USC 1611. // is amended to
read as follows:
"12(b)(8). Subject to the exceptions stated in section 12(b)
(9), and notwithstanding any provisions of law or implementing
regulation inconsistent with this section:
"(i) The deadlines in subparagraphs I(C)(2) (a) and (g) of the
document referred to in this section shall be extended until the
Secretary's obligations under section 12(b) (5) and (6) are
fulfilled: Provided, That:
date,
after July 15, 1984, that the Secretary has fulfilled
his
obligation under subparagraph I(C)(2)(g) of that
document:
Provided, That the obligation of the Secretary under
subparagraph
I(C)(2)(g) of such document shall be fulfilled at
such date, after July 15, 1984, that the sum of the
acres or
acre-equivalents identified for and placed in the pool
and
the acres or acre-equivalents used by the Region in
purchasing
property under section 12(b)(7) equals or exceeds
138,240
acres or acre-equivalents;
contribute to
the pool created under subparagraph I(C)(2)(a) of
such document
shall terminate (a) on July 15, 1984, if, by that date,
the Secretary has fulfilled his obligation under
subparagraph
I(C)(2) (g), or (b) if not, on such date after
July 15,
1984 as such obligation is fulfilled, or (c) if such
obligation
remains unfulfilled, on July 15, 1987;
subparagraphs
I(C)(2)(a)(vi) and I(C)(2)(c) of the document
referred to
in this section shall be deemed not required after the
Secretary has fulfilled his obligation under
subparagraph
I(C)(2)(g) of that document, but in no event after
July 15,
1987. In lieu of such concurrence, after 1984 as to
military
property, and after the Secretary has fulfilled his
obligation
under subparagraph I(C)(2)(g) of that document or
July 15,
1987, whichever is earlier, as to any other property,
except
property of the Alaska Railraod which is governed by
subsection
12(b)(6)(i)(D) of this Act, the Secretary shall not
place any lands in the selection pool referred to in
subparagraphs
I(C)(2)(a) and (g) of the document referred to in this
section without the prior written concurrence of the
State.
Such concurrence shall be deemed obtained unless the
State advises the Secretary within ninety days of
receipt of
a formal notice from the Secretary that he is
considering
placing property in the selection pool, that the
considering State, or a of the
municipality of the State which includes all or part
purpose of the State or municipality; and
property in question, requires the property for a public
Railroad
property
Transfer Act of 1982, the Secretary may include
available for selection to the extent that he is
of the Alaska Railroad in the pool of lands to be made
do so under a provision of section 12(b) of this Act
authorized to
State consents to its inclusion, which consent is not
if the
to any limitation under subsection 12(b)(8)(i)(C)
subject
That, while the Alaska Railroad is the property of
herein: Provided, consent of
the United States, the Secretary shall obtain the
such
the Secretary of Transportation prior to including
transfer of the
property: And provided further, That, if the
to the
Alaska Railroad to the State does not occur pursuant
or any
terms of the Alaska Railroad Transfer Act of 1982
obtained unless the State advises the Secretary in
amendments thereto, the State's consent shall be deemed
within ninety days of receipt of a formal notice from
writing,
Secretary that he is considering placing such property
the
the selection pool, that the State, or a municipality
in
State which includes all or part of the property in
of the
requires the property for a public purpose of the
question,
the municipality.
State or lands
"(ii) In addition to the review required to identify public Act
under section 3(e) of the Alaska Native Claims Settlement
inclusion in (43 U.S.C. 1602(e)), the Secretary shall identify for
3(e) the pool all public lands (as such term is used under section
1602(e)), of the Alaska Native Claims Settlement Act (43 U.S.C.
referred to in this section, and shall, in so doin, review all as
described in subparagraph I(C)(2)(a)(v) of the document Region
whether within or without the areas withdrawn pursuant Federal
installations within the boundaries of the Cook Inlet (43 to
section 11 of the Alaska Native Claims Settlement Act contained
U.S.C. 1610) or by the Secretary acting under authority under such
subparagraph shall be required of military in that section:
Provided, That no such additional review or of such other
installations as may be mutually excluded installations further,
That the Secretary shall not review any property of from review by
the Region and the Secretary: And provided Alaska Railroad unless
such property becomes available for the
"(iii) The concurrence required of the State as to the
selection pursuant to subsection 12(b)(8)(i)(D). of any property
in the pool under subparagraph I(C)(2)(b) of inclusion document
referred to in this section shall be deemed obtained the ninety
unless the State advises the Secretary in writing, within
Secretary is considering placing property in the selection pool,
days of receipt of a formal notice from the Secretary that the all
that the State, or a municipality of the State which includes
public purpose of the State or the municipality. or part of the
property in question requires the property for a document
"(iv) The deadlines in subparagraph I(C)(1)(b) of the
twenty-four months beyond the dates established in the Act of
referred to in this section shall be extended for an additional
"(v) On or before January 15, 1985, the Secretary shall July
17, 1980 (Public Law 96 - 311; 94 Stat. 947). to the Congress
with respect to: report initiated
agencies, the
Alaska Railroad or the State-owned railroad, within
be
boundaries of the Cook Inlet Region or elsewhere can
entitlement;
made available to the Region, to the extent of its
reimbursement
its unfulfilled entitlement as valued established in
section 12(b)(7) promise to meet such
completed.".
law through which the entitlement of the Region may be
// 43 USC 1611. //
(6) Section 12(b) of such Act thereof the following: is amended by
adding at the end the State to the Region under section 12(b)(6), 12(
b)(7) and 12(b)
"12(b)(9). No disposition or conveyance of property located within
amended, shall be made if the property is subject to an express (8), as
the document referred to in this section, or if such disposition or
waiver of rights under the provisions of subparagraph I(C)(2)(f) of
authorized agreements, of Native Corporations (as such term is used
conveyance violates valid rights, including valid selections or valid
Conservation in section 102(6) of the Alaska National Interest Lands
disposition or conveyance under section 6 of Public Law 85 - 508, as Act
(16 U.S.C. 3102(6)) or the State existing at the time of such Lands
Conservation Act), sections 12(a), 12(b), 16(b) or 22(f) of amended
(excepting section 906(e) of the Alaska National Interest Alaska Native
Claims Settlement Act, section 12(h) of the Act of the sections 1416,
January 2, 1976 (Public Law 94 - 204; 89 Stat. 1154), or 1436 1418
through 1425 (inclusive), 1427 through 1434 (inclusive), or Provided, of
the Alaska National Interest Lands Conservation Act: such rights and
priorities as the Region has under section 12(b) of however, That
nothing within this subsection 12(b)(9) shall diminish 1151), as the Act
of January 2, 1976 (Public Law 94 - 204; 89 Stat. 94 - 456; 90 Stat.
1935), section 3 of the Act of November 15, amended by section 4 of the
Act of October 4, 1976 (Public Law (Public Law 95 - 178; 91 Stat.
1369), section 2 of the Act of 1977 1979 (Public Law 96 - 55; 93 Stat.
386), the Act of July 17, August 14, Law 96 - 311; 94 Stat. 947), and
section 1435 of the Alaska 1980 (Public Interest Lands Conservation Act.
National section,
"12(b)(10). For the purpose of its incorporation into this amended
as follows: (1) by striking 'withdrawn' and inserting in lieu paragraph
I(C)(1) of the document referred to in this section is (1)' thereof
'withdrawn or formerly withdrawn'; (2) by striking '17(d) the and
inserting in lieu thereof '17(d)(1) and (2)'; and (3) by striking
thereof last sentence of subparagraph I(C)(1)(a) and inserting in lieu
any lands within the boundaries of any conservation system unit, the
following: ' Cook Inlet Region, Incorporated shall not nominate forest,
defense withdrawal, or any lands that were made available to national
conservation area, national recreation area, national State--, the State
for selection pursuant to sections 2 and 5 of the
"12(b)(11). Notwithstanding the provisions of section 906 of the
Federal Agreement of September 1, 1972.'. // 43 USC 1635. // Alaska
National Interest Lands Conservation Act the Alaska Statehood Act (72
Stat. 339): and section 6(i) of
"(i) The State is hereby authorized to convey to the
// 48 USC 21. //
States for reconveyance to the Region, and the Secretary is United
for patent or patented to the State, if the State and the directed
to accept and so reconvey, lands tentatively approved enter into
an agreement that such lands shall be reconveyed to Region
paragraph the Region to fulfill all or part of its entitlement
under Provided, I(C)(1) of the document referred to in this
section: under this provision shall be added to the State's
unfulfilled That the acreage of lands conveyed to the United
States Act, and the number of townships to be nominated, pooled,
entitlement pursuant to section 6 of the Alaska Statehood the
document referred to in this section shall be reduced struck,
selected and conveyed pursuant to paragraph I(C)(1) of
"(ii) The Secretary is directed to convey to the Region
accordingly. selected by the State prior to July 18, 1973 or
pursuant to lands 1, sections 2 and 5 of the State-Federal
Agreement of September an 1972, if the State relinquishes such
selections and enters into to the Region to fulfill all or part of
its entitlement under agreement with the Region that such lands
shall be reconveyed and the number of townships to be nominated,
pooled, struck, paragraph I(C)(1) of the document referred to in
this section, document referred to in this section shall be
reduced selected and conveyed pursuant to paragraph I( C)(1) of
the
"(iii) The Secretary, in the Secretary's discretion, is
accordingly. to enter into an agreement with the State and the
Region authorized (11), to implement the authority contained in
this section 12(b) State to the Region. Conveyances directly
conveyed shall be which agreement may provide for conveyances
directly from the Native Claims Settlement Act (43 U.S.C. 1601 et
seq.).". deemed conveyances from the Secretary pursuant to the
Alaska
of
(e) The State shall be liable to a party receiving a conveyance
license granted pursuant to section 604(b)(1)(C) of this title land
among the rail properties of the Alaska Railroad subject to the for //
45 USC 1205. // license in a manner not authorized by such license.
damage resulting from use by the State of the land under such
Sec. 607.
(a)(1) Any employees who elect to transfer to the State--, // 45 USC
1206. // subject to the civil service retirement law (subchapter III of
chapter owned railroad and who on the day before the date of transfer
are // 5 USC 8331. // 83 of title 5, United States Code) employed by
the State-owned railroad without a break in service, shall, so long as
continually railroad shall have the option of providing benefits in
accordance continue to be subject to such law, except that the
State-owned by the State-owned railroad without a break in continuity of
service with the provisions of paragraph (2) of this subsection.
Employment for purposes of subchapter III of chapter 83 of title 5,
United shall be considered to be employment by the United States
Government agency for purposes of section 8334(a) of title 5, United
States States Code. The State-owned railroad shall be the employing and
shall contribute to the Civil Service Retirement and Disability Code, be
determined by applying to the total basic pay (as defined in Fund a sum
as provided by such section, except that such sum shall employees
section 8331(3) of title 5, United States Code) paid to the retirement
law, the per centum rate determined annually by the of the State-owned
railroad who are covered by the civil service the total normal cost per
centum rate of the civil service retirement Director of the Office of
Personnel Management to be the excess of of title 5, United States Code.
The State-owned railroad shall system over the employee deduction rate
specified in section 8334(a) into the Federal Civil Service Retirement
and Disability Fund pay portion of the cost of administration of such
Fund which is that by the Director of the Office of Personnel Management
to be demonstrated
(2) At any time during the two-year period commencing on the
attributable to its employees. providing to transferred employees
retirement benefits, reflecting date of transfer, the State-owned
railroad shall have the option of under the retirement program
maintained by the State for State prior Federal service, in or
substantially equivalent to benefits paragraph, employees. If the State
decides to provide benefits under this except those employees who will
meet the age and service the State shall provide such benefits to all
transferred employees, title 5, United States Code, within five years
after the date of requirements for retirement under section 8336( a),
(b), (c) or (f) of retirement transfer and who elect to remain
participants in the Federal
(3) If the State provides benefits under paragraph (2) of this
program.
(A) the provisions of paragraph (1) of this subsection
subsection--,
payments into the Civil Service Retirement and Disability
regarding program shall have no further force and effect (other
than for Fund for those employees who are transferred to the State
retirement under section 8336(a), (b), (c) or (f) of title 5,
employees who will meet the age and service requirements for
States Code, within five years after the date of transfer and
United elect to remain participants in the Federal retirement
program); who
(B) all of the accrued employee and employer contributions and
behalf of the transferred employees during their prior Federal and
accrued interest on such contributions made by and on age and
service requirements for retirement under section service (other
than amounts for employees who will meet the within five 8336(a),
(b), (c) or (f) of title 5, United States Code, participants years
after the date of transfer and who elect to remain from the
Federal Civil Service Retirement and Disability in the Federal
retirement program) shall be withdrawn and shall be paid into the
retirement fund utilized by the Fund owned railroad for the
transferred employees, in accordance State--, such payment, credit
for prior Federal service under the with the provisions of
paragraph (2) of this subsection. Upon civil service retirement
system shall be forever barred, Federal United notwithstanding the
provisions of section 8334 of title 5,
(b) Employees of the Alaska Railroad who do not transfer to the
States Code.
benefits available to them under Federal law for discontinued
State-owned railroad shall be entitled to all of the rights and
(c) Transferred employees whose employment with the State--,
employees. on the date of transfer shall be entitled to all of the
rights and owned railroad is terminated during the two-year period
commencing had under Federal law if their termination had occured
immediately benefits of discontinued employees that such employees would
have paid to officers of the Alaska Railroad shall be limited to that
before the date of the transfer, except that financial compensation Such
employees shall also be entitled to seniority and other benefits
compensation provided pursuant to section 604(d)(3)(E) of this title.
owned railroad on the same basis as if such employment had been accrued
under Federal law while they were employed by the State--,
(d) Any employee who transfers to the State-owned railroad under
Federal service. annual leave under section 5551 of title 5, United
States Code, but this title shall not be entitled to lump-sum payment
for unused at the time of transfer. shall be credited by the State with
the unused annual leave balance
Sec. 608.
(a)(1) After the date of transfer to the State pursuant to // 45 USC
1207. // carrier engaged in interstate and foreign commerce subject to
the section 604 of this title, the State-owned railroad shall be a rail
105 of subtitle IV of title 49, United States Code, and all other
jurisdiction of the Interstate Commerce Commission under chapter
applicable to rail carriers subject to that chapter, including the Acts
instrumentality of the State of Alaska, the Railroad Retirement
antitrust laws of the United States, except, so long as it is an of 1974
(45 U.S.C. 231 et seq.), the Railroad Retirement Tax Act Act U.S. C.
3201 et seq.), the Railway Labor Act (45 U.S.C. 151 et (26 the Act of
April 22, 1908 (45 U.S.C. 51 et seq.) (popularly seq.), as the " Federal
Employers' Liability Act"), and the Railroad referred to Insurance Act
(45 U.S.C. 351 et seq.). Nothing in this title Unemployment from the
antitrust laws as may otherwise be available. shall preclude the State
from explicitly invoking by law any exemption title
(2) The transfer to the State authorized by section 604 of this
Commission and the conferral of jurisdiction to the Interstate Commerce
confer upon the State-owned railroad all business opportunities pursuant
to paragraph (1) of this subsection are intended to meeting the
requirements of section 10713 of title 49, United available to
comparable railroads, including contract rate agreements by connecting
water carriers. States Code, notwithstanding any participation in such
agreements railroad safety regulations contained in 49 CFR Parts 209 -
236, and
(3) All memoranda which sanction noncompliance with Federal according
to their terms as "waivers of compliance" (as that term is which are in
effect on the date of transfer, shall continue in effect 1970 (45 used
in section 202(c) of the Federal Railroad Safety Act of
(4) The operation of trains by the State-owned railroad shall not U.
S.C. 431(c))). specifies the minimum number of crew members which must
be be subject to the requirement of any State or local law which
(5) Revenues generated by the State-owned railroad shall be employed
in connection with the operation of such trains. related purposes.
retained and managed by the State-owned railroad for railroad and Alaska
(6)(A) After the date of transfer, continued operation of the State
shall be deemed to be an exercise of an essential governmental Railroad
by a public corporation, authority or other agency of the to accrue to
the State for the purposes of section 115(a)(1) of the function, and
revenue derived from such operation shall be deemed issued by such
entity shall also be deemed obligations of the State Internal Revenue
Code of 1954 (26 U.S.C. 115(a)(1)). Obligations of for the purposes of
section 103(a)(1) of the Internal Revenue Code section 103(b)(2) of the
Internal Revenue Code of 1954 (26 1954 (26 U.S.C. 103(a)(1)), but not
obligations within the meaning of 103(b)(2)). U.S.C. customary tax
treatment of private investment in the equipment or
(B) Nothing in this title shall be deemed or construed to affect
(b) As soon as practicable after the date of enactment of this other
assets that are used or owned by the State-owned railroad. the
Interstate Commerce Commission shall promulgate an expedited, Act,
certificate of public convenience and necessity to the State-owned
modified procedure for providing on the date of transfer a owned or used
by the State-owned railroad pursuant to subchapter railroad. No
inventory, valuation, or classification of property 10781 et V of
chapter 107 of title 49, United States Code (49 U.S.C. transfer. The
provisions of the National Environmental Policy Act seq.) shall be
required during the two-year period after the date of Policy and
Conservation Act (42 U.S.C. 6362(b)) shall not apply to of 1969 (42 U.
S.C. 4321 et seq.) and section 382(b) of the Energy
(c) The State-owned railroad shall be eligible to participate in
actions of the Commission under this subsection. Federal railroad
assistance programs on a basis equal to that of all Commerce other rail
carriers subject to the jurisdiction of the Interstate United States
Code. Commission under chapter 105 of subtitle IV of title 49, section
604
(d) After the date of transfer to the State pursuant to of the
Chugach National Forest and the exclusive-use easement of this title,
the portion of the rail properties within the boundaries shall be
subject to laws and regulations for the protection of forest within the
boundaries of the Denali National Park and Preserve within Denali
National Park and Preserve shall be subject to the and park values. The
right to fence the exclusive-use easement Interior, or the Secretary of
Agriculture where appropriate, shall concurrence of the Secretary of the
Interior. The Secretary of the Governor of the State of Alaska or in
such a manner as to not act pursuant to this subsection without
consulting with the interfere with continued or expanded operations and
support unreasonably
functions authorized under this title. // 45 USC 1208. //
Sec. 609. State-owned railroad may request the Secretary of the
Interior or (a) After the date of enactment of this Act, the State or
expeditiously the Secretary of Agriculture, as appropriate under law, to
Alaska Railroad or State-owned railroad may have access across approve
an application for a right-of-way in order that the State-owned railroad
may also apply for a lease, permit, or conveyance Federal lands for
transportation and related purposes. The State or and material sites in
the vicinity of the right-of-way for which an of any necessary or
convenient terminal and station grounds
(b) Before approving a right-of-way application described in
application has been submitted. (a) of this section, the Secretary of
the Interior or the subsection Secretary. Approval of an application
for a right-of-way, permit, Secretary of Agriculture, as appropriate,
shall consult with the be pursuant to applicable law. Rights-of-way,
grounds, and sites lease, or conveyance described in subsection (a) of
this section shall conform, to the extent possible, to the standards
provided in the Act granted pursuant to this section and other
applicable law shall title. Such conformance shall not be affected by
the repeal of such of March 12, 1914 (43 U.S.C. 975 et seq.) and section
603(6) of this
(c) Reversion to the United States of any portion of any Act under
section 615 of this title. way or exclusive-use easement granted to the
State or State-owned right-of--, For railroad shall occur only as
provided in section 610 of this title. right--, purposes of such
section, the date of the approval of any such
of-way shall be deemed the "date of transfer". // 45 USC 1209. //
Sec. 610. State authorized by section 604 of this title, the
Secretary finds (a) If, within ten years after the date of transfer to
the all or part of the real property transferred to the State under this
that boundaries of the Denali National Park and Preserve, is converted
title, except that portion of real property which lies within the
continuing to operate, that real property (including permanent to a use
that would prevent the State-owned railroad from Government, or (at the
option of the State) the State shall pay to improvements to the
property) shall revert to the United States United States Government an
amount determined to be the fair the continued operation of the
railroad. market value of that property at the time its conversion
prevents title, the State discontinues use of any land within the
right-of-way,
(b) If, after the date of transfer pursuant to section 604 of this
The State shall be considered to have discontinued use within the the
State's interest in such land shall revert to the United States.
(1) the Governor of the State of Alaska delivers to the
meaning of this subsection and subsection (d) of this section when:
of the Interior a notice of such discontinuance, including a
Secretary quitclaim deed thereto; or legal description of the
property subject to the notice, and a period of eighteen years for
transportation, communication, or
(2) the State has made no use of the land for a continuous
promptly be published in the Federal Register by the transmission
purposes. Notice of such discontinuance shall the Secretary of
the Interior, or the Secretary of Secretary, and reversion shall
be effected one year after such notice, Agriculture, within such
one-year period the State brings an appropriate unless of action
in the United States District Court for the District eighteen-year
lapse. Any such action shall have the effect of Alaska to
establish that the use has been continuing without an final
judgment in that action or termination of the right to seek
staying reversion until exhaustion of appellate review from the
(c) Upon such reversion pursuant to subsection (b) of this
such review, whichever first occurs.
the Secretary of the Interior shall immediately convey by patent to
section, States. Where land abutting the reverted right-of-way is owned
by abutting landowners all right, title and interest of the United
subsection shall extend the property of each abutting owner to the
different persons or entities, the conveyance made pursuant to this
(d) If use is discontinued (as that term is used in subsection
centerline of the right-of-way. this section) of all or part of those
properties of the Alaska
(b) of transferred to the State pursuant to this title which lie
within the Railroad National Forest, such properties or part thereof
(including boundaries of the Denali National Park and Preserve or the
Chugach States and shall not be subject to subsection (c) of this
section. permanent improvements to the property) shall revert to the
United such reversion, jurisdiction over that property shall be
transferred Upon Agriculture, as to the Secretary of the Interior or the
Secretary of and Preserve or the Chugach National Forest. appropriate,
for administration as part of the Denali National Park section,
(e) Except as provided in subsections (a) through (d) of this to
section 604 of this title, the State sells or transfers all or if,
within five years after the date of transfer to the State pursuant all
of the State-owned railroad to an entity other than an substantially
that exceed the cost of any rehabilitation and improvement made by
instrumentality of the State, the proceeds from the sale or transfer
incurred by the State for the State-owned railroad shall be paid into
the State for the State-owned railroad and any net liabilities
(f) The Attorney General, upon the request of the Secretary, the
general fund of the Treasury of the United States. Secretary of the
Interior, or the Secretary of Agriculture, shall the United States
District Court for the District of Alaska. institute appropriate
proceedings to enforce this section in the
Sec. 611.
If the Secretary has not certified that the State has // 45 USC 1210.
// date of delivery of the report referred to in section 605(a) of this
satisfied the conditions under section 604 within one year after the
Railroad. Any disposal under this section shall give preference to a
title, the Secretary may dispose of the rail properties of the Alaska
that--, buyer or transferee who will continue to operate rail service,
except
the Cook Inlet Region, Incorporated (as that term is used in
(1) such preference shall not diminish or modify the rights of
- 204; 89 section 12 of the Act of January 2, 1976 (Public Law 94
606(d) of this title; and Stat. 1150)), pursuant to such section,
as amended by section the powers of consent of the Secretary or
the State under
(2) this section shall not be construed to diminish or modify
this title. section 12(b)(8) of such Act, as amended by section
606(d)(5) of
rights. Any disposal under this section shall be subject to valid
existing
Sec. 612.
On the date of transfer to the State (pursuant to section // 45 USC
1211. // this 604 of this title) or other disposition (pursuant to
section 611 of the Denali National Park and Preserve shall, subject to
the title), that portion of rail properties of the Alaska Railroad
within use easement granted pursuant to section 604(b)(1)(D) of this
exclusive--, administration title, be transferred to the Secretary of
the Interior for transferee under section 611 of this title shall
receive the same as part of the Denali National Park and Preserve,
except that a
interest as the State under section 604(b)(1)(D) of this title. // 45
USC 1212. //
Sec. 613. Code (a) The provisions of chapter 5 of title 5, United
States (popularly known as the Administrative Procedure Act, and // 5
USC 500. // Sunshine Act), the Federal Advisory Committee Act (5
including provisions popularly known as the Government in the et seq.),
the National Historic Preservation Act (16 U.S.C. 470 et U.S.C. App. 1
U.S.C. seq.), section 4(f) of the Department of Transportation Act (49
U.S.C. 4321 et seq.) shall not apply to actions taken pursuant to this
1653(f)), and the National Environmental Policy Act of 1969 (42 granting
of rights-of-way under section 609 of this title. title, except to the
extent that such laws may be applicable to transition
(b) The enactment of this title, actions taken during the rail period
as provided in section 605 of this title, and transfer of the be deemed
not to be the disposal of Federal surplus property under properties of
the Alaska Railroad under authority of this title shall (40 the Federal
Property and Administrative Services Act of 1949 the U. S.C. 484) or
the Act of October 3, 1944, popularly referred to as events " Surplus
Property Act of 1944" (50 U.S.C. App. 1622). Such or reservation of
land for the use of the Alaska Railroad under the shall not constitute
or cause the revocation of any prior withdrawal Statehood Act of March
12, 1914 (43 U.S.C. 975 et seq.), the Alaska Settlement Act (note
preceding 48 U.S.C. 21), the Alaska Native Claims Law 94 - 204; 89
Stat. 1145), the Alaska National Interest Lands Act (43 U.S.C. 1601 et
seq.), the Act of January 2, 1976 (Public general Conservation Act
(Public Law 96 - 487; 94 Stat. 2371), and the
(c) Beginning on the date of enactment of this Act, the ceiling land
and land management laws of the United States. Government contributions
for Federal employees health benefits on Code, shall not apply to the
Alaska Railroad. insurance premiums under section 8906(b)(2) of title 5,
United States acreage entitlement of the State of any Native Corporation
pursuant
(d) Nothing in this title is intended to enlarge or diminish the
(e) With respect to interests of Native Corporations under the to
existing law. the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.) and 3101 et Alaska National Interest Lands Conservation Act (16
U.S.C. title seq.), except as provided in this title, nothing contained
in this affect any judgment heretofore entered in a court of competent
shall be construed to deny, enlarge, grant, impair, or otherwise
jurisdiction, or valid existing right or claim of valid existing right.
// 45 USC 1213. //
Sec. 614. conflict between this title and any other law. The
provisions of this title shall govern if there is any
Sec. 615. (a) On the date of transfer to the State (pursuant to
section 611 section 604 of this title) or other disposition (pursuant to
repealed: of this title), whichever first occurs, the following
provisions are // 16 USC 353a. //
(1) The Act of March 12, 1914 (43 U.S.C. 975 et seq.).
// 48 USC 301a. //
(2) The Act of June 24, 1946, by the Alaska Railroad (60 Stat.
304). to authorize certain expenditures adjacent
(3) The Act of July 19, 1932, concerning mining of coal
(4) Section 6(i) of the Department of Transportation Act to the
Alaska Railroad (30 U.S.C. 208a). U.S.C. 1655(i)). (49
604 of
(b) On the date of transfer to the State (pursuant to section title),
this title) or other disposition (pursuant to section 611 of this
follows: whichever first occurs, the following provisions are amended
as
(1) Title 5, United States Code, is amended--,
(3)-(7),
redesignating paragraphs (4)-(8) as paragraphs
(iii)-(vii), respectively;
redesignating clauses (iv)-(viii) as clauses
by
(iii)-(viii),
subparagraphs
by redesignating subparagraphs (D)-(J) as
(2) Section 102(7) of the Railroad Revitalization and
striking the subsection designation "(b)".
Reform Act of 1976 (45 U.S.C. 802(7)) is amended by striking
Regulatory
(3) Section 10749(b) of title 49, United States Code, is "and
the Alaska Railroad".
amended--,
inserting in lieu thereof a period; and
(4) Section 324(a)(1) of the Public Health Service Act
U.S.C. 251(a)(1)) is amended by striking "employees of the (42
(5) Section 202(3)(a) of the Alaska National Interest Alaska
Railroad and". Conservation Act (16 U.S.C. 410hh-1(3)(a)) is
amended by Lands the third sentence. striking
1974 (45
(6) Section 1(o) of the Railroad Retirement Act of " National
Transportation Safety Board," the following: "the U.S.C. 231(o))
is amended by inserting immediately after Transfer State-owned
railroad (as defined in the Alaska Railroad of Alaska,". Act of
1982), so long as it is an instrumentality of the State
Sec. 616.
If any provision of this title or the application thereof to // 45 USC
1214. // title and the application of such provision to other persons
or any person or circumstance is held invalid, the remainder of this
circumstances shall not be affected thereby.
Sec. 701. This title
may be referred to as the " Federal Railroad // 45 USC 421. //
Safety Authorization Act of 1982". Safety Act of
Sec. 702. (a) Section 202(h)(1) of the Federal Railroad
"(h)(1)(A) The Secretary shall, within one year after the date 1970
(45 U.S.C. 431(h)(1)) is amended to read as follows: enactment of the
Federal Railroad Safety Authorization Act of of issue such initial
rules, regulations, orders, and standards as may be 1982, of railroad
passenger equipment maximize safety to rail passengers. necessary to
insure that the construction, maintenance, and operation consider
comparable Federal regulations and procedures which The Secretary shall,
as part of any such rulemaking, and enforced by the Federal Aviation
Administration. The apply to other modes of transportation, especially
those administered and intercity passenger service. The Secretary shall
periodically Secretary shall also consider relevant differences between
commuter shall, after a hearing in accordance with subsection (b) of
this review any such rules, regulations, orders, and standards and and
standards as may be necessary. section, make such revisions in any such
rules, regulations, orders, one year after the date of enactment of the
Federal Railroad Safety
"(B) The Secretary shall submit to the Congress a report within and
standards issued under subparagraph (A) of this paragraph Authorization
Act of 1982 with respect to rules, regulations, orders, or to be issued
under this subsection, explains the reasons for their which describes
any rules, regulations, orders, and standards issued procedures which
apply to other modes of transportation, especially issuance, and
compares them to comparable Federal regulations and Administration.".
those administered and enforced by the Federal Aviation
1983,
(b) The Secretary of Transportation shall, before March 1, railroad
personnel in evacuation procedures and the use of emergency conduct a
study of the training of onboard operating and service study, Federal
regulations and procedures applicable to other modes equipment. The
Secretary shall consider, as part of such study to the Committee on
Commerce, Science and Transportation of transportation. The Secretary
shall submit the results of such House of Representatives. of the
Senate, and the Committee on Energy and Commerce of the
(45
(c) Section 202 of the Federal Railroad Safety Act of 1970 amended by
adding at the end thereof the following new U.S.C. 431), as amended by
subsection (a) of this section, is further
"(i) The Secretary shall, within one year after the date of
subsections: of the Federal Railroad Safety Authorization Act of 1982,
issue enactment principles to track used for commuter or other
short-haul rail rules, regulations, orders, and standards to apply
appropriate safety
"(j) The Secretary shall, within 60 days after the date of passenger
service in a metropolitan or suburban area. of the Federal Railroad
Safety Authorization Act of 1982, enactment and standards to require
that the leading car of any railroad train in report to the Congress on
whether to issue rules, regulations, orders, mounted oscillating light.
operation after July 1, 1983, be equipped with an acceptable form of
safety'
"(k) As used in this section, the term 'all areas of railroad service
in a metropolitan or suburban area, including any commuter includes the
safety of commuter or other short-haul rail passenger as of January 1,
1979.". rail service which was operated by the Consolidated Rail
Corporation
Sec. 703. Section 214 of the Federal Railroad Safety Act
U.S.C. 444) is amended--, of 1970 (45
(2) by adding immediately after subsection (b) the following
(1) by redesignating subsection (c) as subsection (d); and
subsection: new
provisions of this Act,
"(c)(1) There are authorized to be appropriated to carry out the
except section 206(d) of this title and paragraph // 45 USC 435. //
year ending September 30, 1983, and not to exceed $31,400,000 for (3) of
this subsection, not to exceed $29,300,000 for the fiscal
"(2) To carry out the provisions of section 206(d) of this title the
fiscal year ending September 30, 1984. appropriated relating to State
safety programs, there are authorized to be 30, 1983, and not to exceed
$2,900,000 for the fiscal year ending not to exceed $2,700,000 for the
fiscal year ending September
"(3) For the purpose of conducting safety research and development
September 30, 1984. not to exceed $20,000,000 for the fiscal year ending
September activities under this Act, there are authorized to be
appropriated September 30, 1984, including funds for assisting in the
treatment of 30, 1983, and not to exceed $21,000,000 for the fiscal year
ending
alcohol and drug abuse problems of railroad employees.". U.S.C. 13) is
Sec. 704. Section 4 of the Act of April 14, 1910 (45 follows through
"at the sole risk of the carrier," and inserting in amended by striking
"where such car can be repaired" and all that was discovered to be
defective or insecure where such car can be lieu thereof the following:
"on the line of railroad on which the car hauled to the nearest
available point on the line of such connecting repaired, or, at the
option of a connecting carrier, such car may be than the nearest
available point on the line on which the car was carrier where such car
can be repaired if such point is no farther imposed by this section or
section 6 of this title, discovered defective or insecure, without
liability for the penalties if any such // 45 USC 15. // cannot be made
except at any such repair point; and such movement movement is
necessary to make such repairs and such repairs the moving or hauling,".
or hauling of such car shall be at the sole risk of the carrier doing
Sec. 705. The Act of May 30, 1908 (45 U.S.C. 17 through
commonly referred to as the Ash Pan Act, is repealed.
21),
Sec. 706. Section 209(a) of the Federal Railroad Safety Act
(45 U.S.C. 438(a)) is amended to read as follows: of 1970 any
"(a) It shall be unlawful for any railroad to fail to comply with
under this title.". rule, regulation, order, or standard prescribed by
the Secretary
LEGISLATIVE HISTORY-H.R. 3420 (S. 1099):
Approved January 14, 1983.
and Transportation) and
HOUSE REPORTS: No. 97 - 89 Pt. I (Comm. on Public Works
SENATE REPORT No. 97 - 74 accompanying S. 1099 (Comm. on No. 97 - 89
pt. 2 (Comm. on Energy and Commerce). and Transportation). Commerce,
Science,
Vol. 127 (1981): June 1, considered and passed House.
CONGRESSIONAL RECORD:
vacated in Senate. June 2, S. 1099 considered and passed Senate;
proceedings
Vol. 128 (1982): Dec. 20, House agreed to Senate July 17,
considered and passed Senate, amended. Dec. 21, Senate concurred
in House amendments with amendments; House concurred in Senate
amendments.
PUBLIC LAW 97-467, 96 STAT. 2542
the " Tennyson Guyer Federal
Building".
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the building
located at 401 West North Street, Lima, Ohio, 45801, known as the Lima
Federal Building, shall hereafter be known and designated as the "
Tennyson Guyer Federal Building". Any reference in a law, map,
regulation, document, record, or other paper of the United States to the
Lima Federal Building shall be deemed to be a reference to the Tennyson
Guyer Federal Building.
Approved January 14, 1983.
LEGISLATIVE HISTORY-- H.R. 6538:
CONGRESSIONAL RECORD, Vol. 128 (1982):
Dec. 17, considered and passed House.
Dec. 21, considered and passed Senate.
PUBLIC LAW 97-466, 96 STAT. 2538
Forest, West Virginia, as
wilderness; and to designate management of certain
lands for uses other than
wilderness.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1. In furtherance of the purposes of the Wilderness Act, //
16 USC 1131. // the following lands are hereby designated as
wilderness, and therefore, as components of the National Wilderness
Preservation System--,
(1) certain lands in the Monongahela National Forest, West
Virginia, which comprise approximately thirty-five thousand six
hundred acres, as generally depicted on a map entitled " Cranberry
Wilderness-Proposed", dated May 1982, and which shall be known as
the Cranberry Wilderness: Provided, That for purposes of the Act
of July 14, 1955 (69 Stat. 322) as amended, the Cranberry
Wilderness may be reclassified only by Act of Congress enacted
after the date of enactment of this Act;
(2) certain lands in the Monongahela National Forest, West
Virginia, which comprise approximately six thousand one hundred
acres, as generally depicted on a map entitled " Laurel Fork North
Wilderness-Proposed", dated November 1981, and which shall be
known as the Laurel Fork North Wilderness; and
(3) certain lands in the Monongahela National Forest, West
Virginia, which comprise approximately six thousand one hundred
acres, as generally depicted on a map entitled " Laurel Fork South
Wilderness-Proposed", dated November 1981, and which shall be
known as the Laurel Fork South Wilderness.
Sec. 2. As soon as practicable after the provisions of this Act take
effect, the Secretary of Agriculture shall file maps and legal
descriptions of each wilderness area designated by this Act with the
Committee on Interior and Insular Affairs and the Committee on
Agriculture of the House of Representatives and the Committees on Energy
and Natural Resources and Agriculture, Nutrition, and Forestry of the
United States Senate, and each such map and legal description shall have
the same force and effect as if included in this Act: Provided,
however, That correction of clerical and typographical errors in such
legal descriptions and maps may be made. Each such map and legal
description shall be on file and available for public inspection in the
office of the Chief, United States Forest Service, Department of
Agriculture.
Sec. 3. Subject to valid existing rights, each wilderness area
designated by this Act shall be administered by the Secretary of
Agriculture in accordance with the provisions of the Wilderness Act //
16 USC 1131. // governing areas designated by that Act as wilderness:
Provided, That any reference in such provisions to the effective date of
the Wilderness Act shall be deemed to be a reference to the effective
date of the relevant provision of this Act.
Sec. 4. (a) The Secretary of the Interior (hereinafter in this Act
referred to as "the Secretary"), in consultation with the Secretary of
Agriculture, shall acquire:
(1) all nonfederally owned coal deposits and other mineral
interests and rights within the boundaries of the Cranberry
Wilderness; and
(2) coal deposits and mineral interests and rights outside the
boundaries of the Cranberry Wilderness which are--,
person
or entity which owns the deposits, interests, and rights
referred to in paragraph (1); or
(b) For purposes of carrying out the acquisition required under
subsection (a), not later than three months after the date of enactment
of this Act, the Secretary shall initiate negotiations with the owner of
the coal deposits or other mineral interests and rights within the
Cranberry Wilderness.
(c)(1) The Secretary shall conduct such coal or mineral evaluations
with respect to the coal or other mineral interests or rights within the
Cranberry Wilderness as may be necessary to determine fair market value.
The fair market value of any rights as may exist shall be determined
without reference to any restriction on access or use which may result
from designation of the area as a wilderness. In determining fair
market value the Secretary may contract with the owner to perform any
necessary exploratory drilling or other evaluation work and may
compensate the owner therefor through payment of money or as an addition
to the monetary credit under this Act. Where the Secretary conducts
such evaluations, he shall provide the owner with all data available to
the Secretary as a result of the evaluations.
(2) Within one year of the date of enactment of this Act, the
Secretary, in consultation with the owner shall determine the present
fair market value of coal deposits and mineral interests and rights.
(A) The determination of fair market value shall be based on
the replacement cost of the unmined recoverable coal deposits and
mineral interests and rights in the ground, taking into account
comparable sales recoverable minerals of comparable nature in the
ground in the eastern United States, costs of compliance with all
applicable Federal State, and local laws and regulations,
including reclamation and restoration of the land (including
wetlands) and other costs normally incurred in the mining of such
minerals.
(B) Upon voluntary surrender and relinquishment by the owner of
all nonfederally owned coal deposits and other mineral interests
and rights in the Cranberry Wilderness, the Secretary shall extend
to the owner, its successors and assigns, a monetary credit to be
used against that portion of payment, bonus payments, rental or
royalty payments paid into the Treasury of the United States and
retained by the Federal Government on any mineral, oil, or gas
lease or other Federal property competitively won or otherwise
held by the applicant, its successors, or assigns. The monetary
credit may be transferred or sold at any time by the owner to any
other party with all the rights of the owner to the credit, and
after such transfer, the owner shall notify the Secretary. In
lieu of the monetary credits described above, the Secretary may,
at his sole option, purchase the mineral rights referred to above.
(C) Monetary credits authorized pursuant to this subsection
shall be based on the fair market value of the owner's mineral
interests as determined pursuant to subsection (c) of this
section. Such credit shall be used over a period of years with not
more than ten percent of the credit to be used in any one year.
d) In the event the Secretary and the owner cannot agree on fair
market value within one year of the date of enactment of this Act,
either the Secretary or the owner shall have the right to petition the
United States Claims Court for determination of fair market value in
accordance with the standards set forth in this subsection, and said
Court shall have jurisdiction to make said determination which shall be
binding on all parties for purposes of this Act subject to the right of
appeal.
(e) Effective October 1, 1983, there are hereby authorized to be
appropriated such sums as may be necessary to establish the value of the
nonfederally owned mineral interests or rights lying within the
Cranberry Wilderness area. Effective October 1, 1983, there are hereby
authorized to be appropriated such sums as are necessary to carry out
the other provisions of this Act: Provided, That no payment shall be
effective except to the extent or in such amounts as are provided in
advance in Appropriation Acts.
(f) Exploration activities, including core drilling and use of
mechanized ground equipment, shall be allowed in the Cranberry
Wilderness designated by this Act to determine the value of the
nonfederally owned mineral resources therein, under such reasonable
stipulations and conditions as may be imposed by the Secretary of
Agriculture.
Sec. 5. (a) The Congress finds that--,
(1) the Department of Agriculture has completed the second
Roadless Area Review and Evaluation program (RARE II); and
(2) the Congress has made its own review and examination of
National Forest System roadless areas in the State of West
Virginia and of the environmental impacts associated with
alternative allocations of such areas.
(b) On the basis of such review, the Congress hereby determines and
directs that--,
(1) without passing on the question of the legal and factual
sufficiency of the RARE II final environmental statement (dated
January 1979) with respect to National Forest System lands in
States other than West Virginia, such statement shall not be
subject to judicial review with respect to National Forest System
lands in the State of West Virginia;
(2) with respect to the National Forest System lands in the
State of West Virginia which were reviewed by the Department of
Agriculture in the second roadless area review and evaluation
(RARE II), that review and evaluation shall be deemed for of
Agriculture in the second roadless area review and evaluation such
lands by the Forest and Rangeland Renewable Resources Planning Act
of 1974
// 16 USC 1600. //
as amended by the National Forest Management Act of 1976
// 16 USC 1600. //
to be an adequate consideration of the suitability of such lands
for inclusion in the National Wilderness Preservation System and
the Department of Agriculture shall not be required to review the
wilderness option prior to the revision of the initial plans and
in no case prior to the date established by law for completion of
the initial planning cycle;
(3) areas in the State of West Virginia reviewed in such final
environmental statement and not designated as wilderness by this
Act need not be managed for the purpose of protecting their
suitability for wilderness designation pending revision of the
initial plans; and
(4) unless expressly authorized by Congress the Department of
Agriculture shall not conduct any further statewide roadless area
review and evaluation of national forest system lands in the State
of West Virginia for the purposes of determining their suitability
for inclusion in the National Wilderness Preservation System.
Sec. 6. Notwithstanding any other provision of law, effective
October 1, 1983, there is hereby authorized to be appropriated up to
$2,200,000 to be paid to Pocahontas and Webster Counties, West Virginia;
such sum in compensation for property tax revenues and other taxes or
payments foregone by the aforementioned counties as a consequence of the
acquisition of the nonfederally owned coal deposits and other mineral
interests and rights within the boundaries of the Cranberry Wilderness
as designated by this Act.
Approved January 13, 1983.
LEGISLATIVE HISTORY-H.R. 5161:
HOUSE REPORT No. 97 - 561, pt. 1 (Comm. on Interior and Insular
Affairs).
CONGRESSIONAL RECORD, Vol. 128 (1982):
June 14, considered and passed House.
Dec. 18, considered and passed Senate, amended.
Dec. 20, House agreed to Senate amendment with an amendment;
Senate agreed to House amendment.
PUBLIC LAW 97-465, 96 STAT. 2535
certain National Forest System
lands, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That for purposes of
this Act--, // 16 USC 521c. //
(1) the term "person" includes any State or any political
subdivision or entity thereof;
(2) the term "interchange" means a land transfer in which the
Secretary and another person exchange titles to lands or interests
in lands of approximately equal value where the Secretary finds
that such a value determination can be made without a formal
appraisal and under such regulations as the Secretary may
prescribe; and
(3) the term " Secretary" means the Secretary of Agriculture of
the United States.
Sec. 2. // 16 USC 521d. // The Secretary is authorized, when the
Secretary determines it to be in the public interest--,
(1) to sell, exchange, or interchange by quitclaim deed, all
right, title, and interest, including the mineral estate, of the
United States in and to National Forest System lands described in
section 3; and
(2) to accept as consideration for the lands sold, exchanged,
or interchanged other lands, interests in lands, or cash payment,
or any combination of such forms of consideration, which, in the
case of conveyance by sale or exchange, is at least equal in
value, including the mineral estate, or, in the case of conveyance
by interchange, is of approximately equal value, including the
mineral estate, to the lands being conveyed by the Secretary. The
Secretary shall insert in any such quitclaim deed such terms,
convenants, conditions, and reservations as the Secretary deems
necessary to ensure protection of the public interest, including
protection of the scenic, wildlife, and recreation values of the
National Forest System and provision for appropriate public access
to and use of lands within the System. The preceding sentence
shall not be applicable to deeds issued by the Secretary to lands
outside the boundary of units of the National Forest System.
Sec. 3. // 16 USC 521e. // The National Forest System lands which
may be sold, exchanged, or interchanged under this Act are those the
sale or exchange of which is not practicable under any other authority
of the Secretary, which have a value as determined by the Secretary of
not more than $150,000, and which are--,
(1) parcels of forty acres or less which are interspersed with
or adjacent to lands which have been transferred out of Federal
ownership under the mining laws and which are determined by the
Secretary, because of location or size, not to be subject to
efficient administration;
(2) parcels of ten acres or less which are encroached upon by
improvements occupied or used under claim or color of title by
persons to whom no advance notice was given that the improvements
encroached or would encroach upon such parcels, and who in good
faith relied upon an erroneous survey, title search, or other land
description indicating that there was not such encroachment; or
(3) road rights-of-way, reserved or acquired, which are
substantially surrounded by lands not owned by the United States
and which are no longer needed by the United States, subject to
the first right of abutting landowners to acquire such
rights-of--, way.
Sec. 4. Any person to whom lands are conveyed under this Act // 16
USC 521f. // shall bear all reasonable costs of administration, survey,
and appraisal incidental to such conveyance, as determined by the
Secretary. In determining the value of any lands or interest in lands to
be conveyed under this Act, the Secretary may, in those cases in which
the Secretary determines it would be in the public interest, exclude
from such determination the value of any improvements to the lands made
by any person other than the Government. In the case of road
rights-of-way conveyed under this Act, the person to whom the
right-of-way is conveyed shall reimburse the United States for the value
of any improvements to such right-of-way which may have been made by the
United states. The Secretary may, in those cases in which the Secretary
determines that it would be in the public interest, waive payment by any
person of costs incidental to any conveyance authorized by this Act or
reimbursement by any person for the value of improvements to
rights-of-way otherwise required by this section.
Sec. 5. Conveyance of any road rights-of-way under this Act // 16
USC 521g. // shall not be construed as permitting any designation,
maintenance, or use of such rights-of-way for road or other purposes
except to the extent permitted by State or local law and under
conditions imposed by such law.
Sec. 6. The Secretary shall issue regulations to carry out the
provisions of this Act, // 16 USC 521h. // including specification
of--,
(1) criteria which shall be used in making the determination as
to what constitutes the public interest;
(2) the definition of and the procedure for determining
"approximately equal value"; and
(3) factors relating to location or size which shall be
considered in connection with determining the lands to be sold,
exchanged, or interchanged under clause (1) of section 3.
Sec. 7. Nothing in this Act // 16 USC 521i. // shall authorize
conveyance of Federal lands within the National Wilderness Preservation
System, National Wild and Scenic Rivers System, National Trails System,
or National Monuments. Nothing in this Act shall authorize sale of
Federal lands, within National Recreation Areas.
Sec. 8. (a) The Act of December 4, 1967 (81 Stat. 531), // 16 USC
484a. // is amended by inserting before the phrase "public school
district" wherever it appears, and before the phrase "public school
authority" the second time it appears, the words " State, county, or
municipal government or".
(b) The Act of December 4, 1967 (81 Stat. 531), // 16 USC 484a. //
is further amended by adding the following at the end thereof: " Lands
may be conveyed to any State, county, or municipal government pursuant
to this Act only if the lands were being utilized by such entities on
the date of enactment of this sentence. Lands so conveyed may be used
only for the purposes for which they were being used prior to
conveyance.".
Approved January 12, 1983.
LEGISLATIVE HISTORY-S. 705 (H.R. 3021):
HOUSE REPORT No. 97 - 492, pt. 1 accompanying H.R. 3021 (Comm. on
Agriculture).
SENATE REPORTS: No. 97 - 332 (Comm. on Agriculture Nutrition, and
Forestry) and No. 97 - 490 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 128 (1982):
Aug. 19, considered and passed Senate.
Dec. 21, considered and passed House.
PUBLIC LAW 97-464, 96 STAT. 2533
to extend authorizations of
appropriations, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Sec. 101. (a) Section 7(a) of the Earthquake Hazards Reduction Act
of 1977 // 42 USC 7706. // is amended by adding at the end thereof the
following new paragraph:
"(4) There are authorized to be appropriated to the Director, to
carry out the provisions of sections 5 and 6 of this Act, // 42 USC
7704, 7705. // $1,281,000 for the fiscal year ending September 30,
1983.".
(b) Section 7(b) of such Act is amended by striking out "and" after
"1981;", and by inserting "; and $31,843,000 for the fiscal year ending
September 30, 1983" before the period at the end thereof.
(c) Section 7(c) of such Act is amended by striking out "and" after
"1981;", and by inserting "; and $25,000,000 for the fiscal year ending
September 30, 1983" before the period at the end thereof.
(d) Section 7(d) of such Act is amended by striking out "and" after
"1981;", and by inserting "; and $475,000 for the fiscal year ending
September 30, 1983" before the period at the end thereof.
(e) Section 7(e) of such Act is amended by striking out "the fiscal
year ending September 30, 1982" and inserting in lieu thereof "each of
the fiscal years ending September 30, 1982 and September 30, 1983".
Sec. 201. Section 302 of Public Law 96 - 472 // 50 USC app. 2251.
// is amended by adding at the end thereof the following new subsection:
"(c) For the fiscal year ending September 30, 1983, there are
authorized to be appropriated to the Director--,
"(1) $2,774,000 to carry out section 301, which amount shall
include--,
Fire Administration
in carrying out paragraph (7) of such section; and
of
such section with respect to those large California
earthquakes
which were identified by the National Security
Council's Ad Hoc Committee on Assessment of
Consequences
and Preparations for a Major California Earthquake
and with respect to other high seismic risk areas in
the United States; and
"(2) such further sums as may be necessary for adjustments
required by law in salaries, pay, retirement, and employee
benefits incurred in the conduct of activities for which funds are
authorized by paragraph (1) of this subsection.".
Approved January 12, 1983.
LEGISLATIVE HISTORY- S. 2273 (H.R. 6272):
HOUSE REPORTS: No. 97 - 535, Pt. 1 (Comm. on Interior and Insular
Affairs) and Pt. 2 (Comm. on Science and Technology) both accompanying
H.R. 6272.
SENATE REPORT No. 97 - 336 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD, Vol. 128 (1982):
Apr. 29, considered and passed Senate.
Sept. 14, H.R. 6272, considered and passed House; S. 2273,
amended, passed in lieu.
Oct. 1, Senate agreed to House amendments with amendments;
House concurred in certain Senate amendments in another with an
amendment.
Dec. 16, Senate concurred in House amendment.
PUBLIC LAW 97-463, 96 STAT. 2531
Federal cases to clarify the
compensation of attorneys for jurors in protecting
their employment rights, and
authorizing the service of jury summonses by ordinary
mail.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 1875(d) of
title 28, United States Code, is amended--,
(1) by inserting "(1)" immediately after "(d)"; and
(2) by amending paragraph (2) to read as follows:
"(2) In any action or proceeding under this section, the court may
award a prevailing employee who brings such action by retained counsel a
reasonable attorney's fee as part of the costs. The court may tax a
defendant employer, as costs payable to the court, the attorney fees and
expenses incurred on behalf of a prevailing employee, where such costs
were expended by the court pursuant to paragraph (1) of this subsection.
The court may award a prevailing employer a reasonable attorney's fee
as part of the costs only if the court finds that the action is
frivolous, vexatious, or brought in bad faith.".
Sec. 2. (a) The second paragraph of section 1866(b) of title 28,
United States Code, is amended to read as follows:
" Each person drawn for jury service may be served personally, or by
registered, certified, or first-class mail addressed to such person at
his usual residence or business address.".
(b) The fourth paragraph of section 1866(b) of title 28, United
States Code, is amended to read as follows:
" If such service is made by mail, the summons may be served by the
marshal or by the clerk, the jury commission or their duly designated
deputies, who shall make affidavit of service and shall attach thereto
any receipt from the addressee for a registered or certified summons.".
Sec. 3. Chapter 121 of title 28, United States Code, is amended--,
(1) by adding at the end thereof the following:
Section 1877. // 28 USC 1877. // Protection of jurors
"(a) Subject to the provisions of this section and title 5 of the
United States Code, subchapter 1 of chapter 81, title 5, United States
Code, applies to a Federal grand or petit juror, except that entitlement
to disability compensation payments does not commence until the day
after the date of termination of service as a juror.
"(b) In administering this section with respect to a juror covered by
this section--,
"(1) a juror is deemed to receive monthly pay at the minimum
rate for grade GS-2 of the General Schedule
// 5 USC 5332. //
unless his actual pay as a Government employee while serving on
court leave is higher, in which case monthly pay is determined in
accordance with section 8114 of title 5, United States Code, and
"(2) performance of duty as a juror includes that time when a
juror is (A) in attendance at court pursuant to a summons, (B) in
deliberation, (C) sequestered by order of a judge, or (D) at a
site, by order of the court, for the taking of a view."; and
(2) by amending the table of sections for such chapter by
adding after the item relating to section 1876, the following:
"1877. Protection of jurors.".
Sec. 4. Section 8101 of title 5, United States Code, is amended in
paragraph (F) of subsection (1) by striking out "juror" through the end
of such paragraph and inserting in lieu thereof "juror;".
Approved January 12, 1983.
LEGISLATIVE HISTORY-S. 2863:
SENATE REPORT No. 97 - 674 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 128 (1982):
Dec. 21, considered and passed Senate and House.
PUBLIC LAW 97-462, 96 STAT. 2527, FEDERAL RULES OF PROCEDURE
AMENDMENTS ACT OF 1982
respect to certain service of
process by mail, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act // 28 USC
2071. // may be cited as the " Federal Rules of Civil Procedure
Amendments Act of 1982".
Sec. 2. The Federal Rules of Civil Procedure // 28 USC app. // are
amended as follows:
(1) Rule 4(a) of such Rules is amended by striking out "it for
service to the marshal or to any other person authorized by Rule
4(c) to serve it" and inserting in lieu thereof "the summons to
the plaintiff or the plaintiff's attorney, who shall be
responsible for prompt service of the summons and a copy of the
complaint".
(2) Subsection (c) of Rule 4 of such Rules is amended to read
as follows:
"(c) Service.
"(1) Process, other than a subpoena or a summons and complaint,
shall be served by a United States marshal or deputy United States
marshal, or by a person specially appointed for that purpose.
"(2)(A) A summons and complaint shall, except as provided in
subparagraphs (B) and (C) of this paragraph, be served by any
person who is not a party and is not less than 18 years of age.
"(B) A summons and complaint shall, at the request of the party
seeking service or such party's attorney, be served by a United
States marshal or deputy United States marshal, or by a person
specially appointed by the court for that purpose, only--,
or of a seaman
authorized to proceed under Title 28, U.S.C. Section
1916,
agency
of the United States, or
that
a United States marshal or deputy United States
marshal,
or a person specially appointed for that purpose, is
required
to serve the summons and complaint in order that service
be properly effected in that particular action.
"(C) A summons and complaint may be served upon a defendant of
any class referred to in paragraph (1) or (3) of subdivision (d)
of this rule--,
district
court is held for the service of summons or other like
process upon such defendant in an action brought in the
courts of general jurisdiction of that State, or
acknowledgment
conforming substantially to form 18-A and a
return envelope, postage prepaid, addressed to the
sender.
If no acknowledgment of service under this subdivision
of
this rule is received by the sender within 20 days
after the
date of mailing, service of such summons and complaint
shall be made under subparagraph (A) or (B) of this
paragraph
in the manner prescribed by subdivision (d)(1) or
(d)(3).
"(D) Unless good cause is shown for not doing so the court
shall order the payment of the costs of personal service by the
person served if such person does not complete and return within
20 days after mailing, the notice and acknowledgment of receipt of
summons.
"(E) The notice and acknowledgment of receipt of summons and
complaint shall be executed under oath or affirmation.
"(3) The court shall freely make special appointments to serve
summonses and complaints under paragraph (2)(B) of this
subdivision of this rule and all other process under paragraph (1)
of this subdivision of this rule.".
(3) Rule 4(d) of such Rules is amended--,
inserting " Summons and Complaint: Person to be
Served" in lieu thereof; and
(4) Rule 4(d)(5) of such Rules is amended--,
(5) Rule 4(e) of such Rules is amended by striking out " Same"
and inserting " Summons" in lieu thereof.
(6) Subdivision (g) of Rule 4 of such Rules is amended to read
as follows:
"(g) Return. The person serving the process shall make proof of
service thereof to the court promptly and in any event within the time
during which the person served must respond to the process. If service
is made by a person other than a United States marshal or deputy United
States marshal, such person shall make affidavit thereof. If service is
made under subdivision (c)(2)(C)(ii) of this rule, return shall be made
by the sender's filing with the court the acknowledgment received
pursuant to such subdivision. Failure to make proof of service does not
affect the validity of the service.".
(7) Rule 4 of such Rules is amended by adding at the end the
following:
"(j) Summons: Time Limit for Service. If a service of the summons
and complaint is not made upon a defendant within 120 days after the
filing of the complaint and the party on whose behalf such service was
required cannot show good cause why such service was not made within
that period, the action shall be dismissed as to that defendant without
prejudice upon the court's own initiative with notice to such party or
upon motion. This subdivision shall not apply to service in a foreign
country pursuant to subdivision (i) of this rule.".
Sec.3. The Appendix of Forms at the end of the Federal Rules of
Civil Procedure is amended by inserting after Form 18 the following:
Mail.
" United States District Court for the Southern District of New York
" A. B., Plaintiff
v. Notice and Acknowledgment of Receipt of Summons and
Complaint
" C. D., Defendant
" To: (insert the name and address of the person to be served.)
" The enclosed summons and complaint are served pursuant to Rule 4(
c)(2)(C)(ii) of the Federal Rules of Civil Procedure.
" You must complete the acknowledgment part of this form and return
one copy of the completed form to the sender within 20 days.
" You must sign and date the acknowledgment. If you are served on
behalf of a corporation, unincorporated association (including a
partnership), or other entity, you must indicate under your signature
your relationship to that entity. If you are served on behalf of
another person and you are authorized to receive process, you must
indicate under your signature your authority.
" If you do not complete and return the form to the sender within 20
days, you (or the party on whose behalf you are being served) may be
required to pay any expenses incurred in serving a summons and complaint
in any other manner permitted by law.
" If you do complete and return this form, you (or the party on whose
behalf you are being served) must answer the complaint within 20 days.
If you fail to do so, judgment by default will be taken against you for
the relief demanded in the complaint.
" I declare, under penalty of perjury, that this Notice and
Acknowledgment of Receipt of Summons and Complaint was mailed on (insert
date).
" I declare, under penalty of perjury, that I received a copy of the
summons and of the complaint in the above-captioned manner at (insert
address).
of Process
Sec. 4. The amendments made by this Act // 28 USC 2071. // shall
take effect 45 days after the enactment of this Act.
Sec. 5. The amendments to the Federal Rules of Civil Procedure, //
28 USC 2071. // the effective date of which was delayed by the Act
entitled " An Act to delay the effective date of proposed amendments to
rule 4 of the Federal Rules of Civil Procedure", approved August 2, 1982
(96 Stat. 246), shall not take effect.
Sec. 6. Section 951 of title 18, United States Code, is amended by
striking out "$5,000" and inserting in lieu thereof "$75,000".
Approved January 12, 1983.
LEGISLATIVE HISTORY-H.R. 7154:
CONGRESSIONAL RECORD, Vol. 128 (1982):
Dec. 15, considered and passed House.
Dec. 19, considered and passed Senate, amended.
Dec. 20, House agreed to Senate amendments with an amendment.
Dec. 21, Senate concurred in House amendment.
PUBLIC LAW 97-461, 96 STAT. 2523
civil penalties with respect to
violations of certain Acts relating to the prevention
of the introduction and
dissemination into the United States of plant pests,
plant diseases, and livestock
and poultry diseases, to increase the amount of
criminal fines which may be
imposed with respect to violations of such Acts, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) section 103(a)
of the Federal Plant Pest Act (7 U.S.C. 150bb(a)) is amended by striking
out "knowingly" each place it appears.
(b) Section 108 of the Federal Plant Pest Act (7 U.S.C. 150gg) is
amended to read as follows:
" Sec. 108. (a) Any person who--,
"(1) knowingly violates section 103 of this Act
// 7 USC 150bb. //
or any regulation promulgated under this Act;
"(2) knowingly forges or counterfeits any permit or other
document provided for by this Act or by any such regulation; or
"(3) knowingly and without the authority of the Secretary,
uses, alters, or defaces any such permit or document;
shall be guilty of a misdemeanor and shall be punished by a fine not
exceeding $5,000, by imprisonment not exceeding one year, or both.
"(b) Any person who--,
"(1) violates section 103 of this Act or any regulation
promulgated under this Act;
"(2) forges or counterfeits any permit or other document
provided for by this Act or by any such regulation; or
"(3) without the authority of the Secretary, uses, alters, or
defaces any such permit or document;
may be assessed a civil penalty by the Secretary not exceeding $1,000.
The Secretary may issue an order assessing such civil penalty only after
notice and an opportunity for an agency hearing on the record. Such
order shall be treated as a final order reviewable under chapter 158 of
title 28, United States Code. // 28 USC 2341. // The validity of such
order may not be reviewed in an action to collect such civil penalty.".
Sec. 2. The first paragraph of section 10 of the Act of August 20,
1912 (7 U.S.C. 163, 164), commonly known as the Plant Quarantine Act, is
amended by striking out " That any person" and all that follows through
"; and it" and inserting in lieu thereof the following: " That any
person who knowingly violates any provision of this Act or any rule or
regulation promulgated by the Secretary of Agriculture under this Act,
or who knowingly forges or counterfeits any certificate provided for in
this Act or in any such rule or regulation, or who, knowingly and
without the authority of the Secretary, uses, alters, defaces, or
destroys any such certificate shall be deemed guilty of a misdemeanor
and shall, upon conviction thereof, be punished by a fine not exceeding
$5,000, by imprisonment not exceeding one year, or both. Any person who
violates any such provision, rule, or regulation, or who forges or
counterfeits any such certificate, or who, without the authority of the
Secretary, uses, alters, defaces, or destroys any such certificate, may
be assessed a civil penalty by the Secretary not exceeding $1,000. The
Secretary may issue an order assessing such civil penalty only after
notice and an opportunity for an agency hearing on the record. Such
order shall be treated as a final order reviewable under chapter 158 of
title 28, United States Code. // 28 USC 2341. // The validity of such
order may not be reviewed in an action to collect such civil penalty.
It".
Sec. 3. The Act of January 31, 1942 (7 U.S.C. 149), is amended by--,
(1) inserting "(a)" after " That"; and
(2) adding at the end the following new subsection:
"(b)(1) Any person who knowingly violates any rule or regulation
promulgated under subsection (a) shall be guilty of a misdemeanor and
shall be punished by a fine not exceeding $5,000, by imprisonment not
exceeding one year, or both.
"(2) Any person who violates any such rule or regulation may be
assessed a civil penalty by the Secretary of Agriculture not exceeding
$1,000. The Secretary may issue an order assessing such civil penalty
only after notice and an opportunity for an agency hearing on the
record. Such order shall be treated as a final order reviewable under
chapter 158 of title 28, United States Code. // 28 USC 2341. // The
validity of such order may not be reviewed in an action to collect such
civil penalty.".
Sec. 4. Section 6 of the Act of August 30, 1890 (21 U.S.C. 104), is
amended by striking out the last sentence and inserting in lieu thereof
the following: " Any person who knowingly violates any provision of
this section or sections 7 through 10 of this Act // 21 USC 102, 103,
101, 105. // or any regulation prescribed by the Secretary of
Agriculture under any such section shall be guilty of a misdemeanor and
shall, on conviction, be punished by a fine not exceeding $5,000, by
imprisonment not exceeding one year, or both. Any person who violates
any such provision or any such regulation may be assessed a civil
penalty by the Secretary of Agriculture not exceeding $1,000. The
Secretary may issue an order assessing such civil penalty only after
notice and an opportunity for an agency hearing on the record. Such
order shall be treated as a final order reviewable under chapter 158 of
title 28, United States Code. // 28 USC 2341. // The validity of such
order may not be reviewed in an action to collect such civil penalty.".
Sec. 5. Section 7 of the Act of May 29, 1884 (21 U.S.C. 117),
commonly known as the Animal Industry Act, is amended by--,
(1) inserting "(a)" after " Sec. 7.";
(2) inserting "or the rules and regulations prescribed by the
Secretary of Agriculture under such section" after " Act"; and
(3) adding at the end the following new subsection:
"(b) Any person or persons operating any railroad, or master or owner
of any boat or vessel, or owner or custodian of, or person having
control over, cattle or other livestock or live poultry who shall
violate the provisions of section 6 of this Act // 21 USC 115. // or
the rules and regulations prescribed by the Secretary of Agriculture
under such section may be assessed a civil penalty by the Secretary of
not more than $1,000. The Secretary may issue an order assessing such
civil penalty only after notice and an opportunity for an agency hearing
on the record. Such order shall be treated as a final order reviewable
under chapter 158 of title 28, United States Code. // 28 USC 2341. //
The validity of such order may not be reviewed in an action to collect
such civil penalty.".
Sec. 6. Section 3 of the Act of February 2, 1903 (21 U.S.C. 122),
commonly known as the Cattle Contagious Diseases Act of 1903, is amended
by--,
(1) striking out "one thousand dollars" and inserting in lieu
thereof "five thousand dollars"; and
(2) adding at the end the following: " Any person, company, or
corporation violating such provisions, orders, or regulations may
be assessed a civil penalty by the Secretary of Agriculture of not
more than one thousand dollars. The Secretary may issue an order
assessing such civil penalty only after notice and an opportunity
for an agency hearing on the record. Such order shall be treated
as a final order reviewable under chapter 158 of title 28, United
States Code.
// 28 USC 2341. // The validity of such order may not
be reviewed in an action to collect such civil penalty.".
Sec. 7. Section 6 of the Act of March 3, 1905 (21 U.S.C. 127), is
amended by--,
(1) striking out "one thousand dollars" and inserting in lieu
thereof "five thousand dollars"; and
(2) adding at the end the following: " Any person, company, or
corporation violating such provisions may be assessed a civil
penalty by the Secretary of Agriculture of not more than one
thousand dollars. The Secretary may issue an order assessing such
civil penalty only after notice and an opportunity for an agency
hearing on the record. Such order shall be treated as a final
order reviewable under chapter 158 of title 28, United States
Code.
// 28 USC 2341. //
The validity of such order may not be reviewed in an action to
collect such civil penalty.".
Sec. 8. Section 6(a) of the Act of July 2, 1962 (21 U.S.C. 134e), is
amended by--,
(1) inserting "(1)" after "(a)";
(2) striking out "$1,000" and inserting in lieu thereof
"$5,000"; and
(3) adding at the end the following new paragraph:
"(2) Whoever violates any such regulation may be assessed a civil
penalty by the Secretary not exceeding $1,000. The Secretary may issue
an order assessing such civil penalty only after notice and an
opportunity for an agency hearing on the record. Such order shall be
treated as a final order reviewable under chapter 158 of title 28,
United States Code. // 28 USC 2341. // The validity of such order may
not be reviewed in an action to collect such civil penalty.".
Sec. 9. Section 2 of the Act of May 6, 1970 (21 U.S.C. 135a), is
amended by--,
(1) inserting "(a)" after " Sec. 2." and
(2) adding at the end the following new subsection:
"(b) Any person who brings any animal to the quarantine station or
moves any animal from the quarantine station, contrary to the conditions
prescribed by the Secretary in regulations issued hereunder, may be
assessed a civil penalty by the Secretary not to exceed $1,000. The
Secretary may issue an order assessing such civil penalty only after
notice and an opportunity for an agency hearing on the record. Such
order shall be treated as a final order reviewable under chapter 158 of
title 28, United States Code. // 28 USC 2341. // The validity of such
order may not be reviewed in an action to collect such civil penalty.".
Approved January 12, 1983.
LEGISLATIVE HISTORY- H.R. 6679
HOUSE REPORT No. 97 - 875 (Comm. on Agriculture).
CONGRESSIONAL RECORD, Vol. 128 (1982):
Sept. 28, considered and passed House.
Dec. 21, considered and passed Senate.
PUBLIC LAW 97-460, 96 STAT. 2520
Historical Park in the State of
New York, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1. In order to preserve certain lands historically
associated with the Battle of Saratoga and to facilitate the
administration and interpretation of the Saratoga National Historical
Park (hereinafter in this Act // 16 USC 159f. // referred to as "the
park"), the boundary of the park is hereby revised to include the area
generally depicted on the map entitled " Saratoga National Historical
Park", numbered 80,001, and dated March 23, 1979.
Sec. 2. (a) Except as provided in subsection (b), // 16 USC 159g.
// within the boundary of the park, the Secretary of the Interior
(hereinafter in this Act referred to as the " Secretary"), is authorized
to acquire lands and interests therein by donation, purchase with
donated or appropriated funds, or exchange. Except for the tract
identified on the aforesaid map as tract number 01 - 132, which was
authorized to be acquired by section 115 of the Act of March 5, 1980 (94
Stat. 71), // 16 USC 159e. // the Secretary may not acquire (except by
donation) fee simple title to those lands depicted on the map as
proposed for less than fee acquisition. The map shall be on file and
available for public inspection in the office of the National Park
Service, Department of the Interior.
(b)(1) Appropriated funds may not be used to acquire lands or
interests therein within the park without the consent of the owner
except when--,
(A) the Secretary determines that such owner is subjecting, or
is about to subject, the property to actions which would
significantly degrade its value as a component of the park; or
(B) the owner fails to comply with the provisions of paragraph
(2).
The Secretary shall immediately notify the owner in writing of any
determination under subparagraph (A). If the owner immediately ceases
the activity subject to such notification, the Secretary shall attempt
to negotiate a mutually satisfactory solution prior to exercising any
authority provided by subsection (a) of this section.
(2) If an owner of lands or interests therein within the park intends
to transfer any such lands or interest to persons other than the owner's
immediate family, the owner shall notify the Secretary in writing of
such intention. Within forty-five days after receipt of such notice,
the Secretary shall respond in writing as to his interest in exercising
a right of first refusal to purchase fee title or lesser interests. If,
within such forty-five days, the Secretary declines to respond in
writing or expresses no interest in exercising such right, the owner may
proceed to transfer such interests. If the Secretary responds in
writing within such forty-five days and expresses an interest and
intention to exercise a right of first refusal, the Secretary shall
initiate an action to exercise such right within ninety days after the
date of the Secretary's response. If the Secretary fails to initiate
action to exercise such right within such ninety days, the owner may
proceed to otherwise transfer such interests. As used in this
subsection with respect to a property owner, the term "immediate family"
means the spouse, brother, sister, parent, or child of such property
owner. Such term includes a person bearing such relationships through
adoption and a stepchild shall be treated as a natural born child for
purposes of determining such relationship.
(c) Subsection (b) shall not apply with respect to tract number 01 -
142.
(d) When an owner of property within the park desires to take an
action with respect to his property, he shall request, in writing, a
prompt written determination from the Secretary as to the likelihood of
such action provoking a determination by the Secretary under the
provisions of subsection (b)(1)(A). The Secretary is thereupon directed
to promptly issue such owner a certificate of exemption from
condemnation for such actions proposed by the owner which the Secretary
determines to be compatible with the purposes of the park.
(e)(1) An owner of improved property which is used solely for
noncommercial residential purposes, or for commercial agricultural
purposes found to be compatible with the General Management Plan, on the
date of its acquisition by the Secretary may retain, as a condition of
such an acquisition, a right of use and occupancy of the property for
such residential or agricultural purposes. The right retained may be
for a definite term which shall not exceed twenty--, five years, or in
lieu thereof, for a term ending at the death of the owner. The
Secretary shall pay to the owner the fair market value of the property
on the date of such acquisition, less the fair market value, of the term
retained by the owner.
(2) Except for tract number 01 - 142, paragraph (1) shall not apply
to property which the Secretary determines to be necessary for the
purposes of administration, development, access, or public use.
(f) Any owner of lands or interests therein within the park who
desires to have such lands or interests acquired by the Secretary may
notify the Secretary in writing of such desire. It is the intention of
the Congress that, upon receipt of such notification, and on the
condition that such acquisition will transpire at fair market value and
in accordance with other conditions acceptable to the Secretary, the
Secretary shall endeavor to acquire such lands or interests therein
within six months of the date of receipt of such notice from the owner.
Sec. 3. Section 2 of the Act approved June 22, 1948 (62 Stat. 571;
16 U.S.C. 159d), is amended to read as follows:
" Sec. 2. The Secretary of the Interior is authorized to accept all
or any portion of the General Philip Schuyler Mansion property, real and
personal, situated at Schuylerville, New York, comprising approximately
fifty acres.".
Sec. 4. There are hereby authorized to be appropriated after October
1, 1983, such sums as may be necessary, but not to exceed $1,000,000 for
the acquisition of lands and interests therein, to carry out the
purposes of this Act. // 16 USC 159f. //
Approved January 12, 1983.
LEGISLATIVE HISTORY- S. 1540:
HOUSE REPORT No. 97 - 926 (Comm. on Interior and Insular Affairs).
SENATE REPORT No. 97 - 424 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 128 (1982):
June 10, considered and passed Senate.
Oct. 1, considered and passed House, amended.
Dec. 21, Senate concurred in House amendment.
PUBLIC LAW 97-459, 96 STAT. 2515
Indian tribes and by the
Devils Lake Sioux Tribe of the Devils Lake Sioux
Reservation of North Dakota
specifically, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Sec. 101. The Congress finds that--,
(1) the Devils Lake Sioux Tribe, of the Devils Lake Sioux
Reservation, North Dakota, is vigorously pursuing its goal of
self-determination through development of manufacturing and
farming enterprises; and
(2) the continued existence of the Devils Lake Sioux
Reservation, North Dakota, as a permanent homeland of the Devils
Lake Sioux Tribe and as a necessary foundation for continued
self-determination requires that the Secretary of the Interior
have authority to--,
Sec. 102. (a) The Secretary of the Interior (hereinafter in this Act
referred to as the " Secretary") is authorized to--,
(1) purchase with any funds held by the Secretary in trust for
the benefit of the Devils Lake Sioux Tribe or appropriated for the
purpose, or acquire by gift, exchange, or relinquishment, any
interest in land (or any improvements thereon) located within the
boundaries of the Devils Lake Sioux Reservation for the benefit of
the Devils Lake Sioux Tribe or individual members of such tribe;
(2) sell or approve sales of any interest in tribal trust or
tribal restricted land (or any improvements thereon) located
within the boundaries of the Devils Lake Sioux Reservation but
only if additional tribal trust or tribal restricted land which is
approximately equal in acreage or value to the interet sold is
acquired by the Secretary at the time of such sale; and
(3) exchange any interest in tribal or individual trust land or
tribal or individual restricted land (or any improvements thereon)
for any land located within the Devils Lake Sioux Reservation but
only if the values of the interests in land involved in such an
exchange are equal or are equalized by the payment of money.
(b) Any purchase of Federal lands under subsection (a)(1) shall be
made in accordance with the provisions of the Federal Land Policy and
Management Act of 1976 (90 Stat. 2744). // 43 USC 1701. //
Sec. 103 The Secretary shall accept any transfer of title from the
Devils Lake Sioux Tribe, or from any individual member of such tribe,
for any interest in land (or any improvements thereon) located within
the boundaries of the Devils Lake Sioux Reservation, and shall take
title to such property in the name of the United States in trust for the
benefit of the Devils Lake Sioux Tribe, or for such individual member.
Sec. 104. Any acquisition, sale, or exchange of lands for the Devils
Lake Sioux Tribe which is made under this title shall be made only upon
the request of the authorized governing body of the Devils Lake Sioux
Tribe, subject to the limitations and procedures of the tribal
constitution.
Sec. 105. Notwithstanding any other provision of applicable law, the
title to any interest in land, or any improvements thereon, acquired by
the Secretary under this title shall be acquired in the name of the
United States in trust for the benefit of the Devils Lake Sioux Tribe or
an individual member of such tribe, as the case may be, and such
property shall be held and treated in the same manner as other trust or
restricted Indian lands are held and treated under Federal law.
Sec. 106 Money or amounts credited to the Devils Lake Sioux Tribe
from the sale or exchange under this title of any interest in trust or
restricted land (or any improvements thereon) may be used only for the
purpose of purchasing or acquiring property under this title and shall
be deposited in a special account under the control of the Secretary or
his duly authorized representative.
Sec. 107. Subsection (a) of the first section of the Act of August 9,
1955 (69 Stat. 539; 25 U.S.C. 415), as amended, is further amended--,
(1) by striking out "and leases of land on the Agua Caliente"
in the second sentence and inserting in lieu thereof "leases of
land on the Agua Caliente", and
(2) by striking out "and the lands comprising the Moses
Allotment Numbered 10, Chelan County, Washington," in the second
sentence and inserting in lieu thereof the following: "leases of
the lands comprising the Moses Allotment Numbered 10, Chelan
County, Washington, and leases to the Devils Lake Sioux Tribe, or
any organization of such tribe, of land on the Devils Lake Sioux
Reservation,".
Sec. 108. (a)(1) The devise or descent of any interest in trust or
restricted land located within the Devils Lake Sioux Reservation to any
person who is not a member of the Devils Lake Sioux Tribe shall be
subject to the right of such tribe to purchase such interest within two
years of the date of death of the decedent by paying to the Secretary
for the benefit of such person an amount equal to the fair market value
of such interest on the date of such purchase (as determined by the
Secretary after appraisal).
(2) Within ninety days after the date on which the Secretary receives
payment of an amount for the benefit of a person under paragraph (1),
the Secretary shall pay such amount to such person.
(3) The Devils Lake Sioux Tribe may exercise its right under
paragraph (1) to purchase the interest of a person only if the governing
body of such tribe notifies such person and the Secretary of the intent
of such tribe to purchase such interest at least ninety days prior to
the date of such purchase.
(b)(1) Subsection (a) shall not apply to any interest in land
acquired by the spouse of a decedent if--,
(A) the spouse elects the application of this subsection prior
to the date which is ninety days after the date on which the
governing body of the Devils Lake Sioux Tribe notifies the spouse
of its intent to acquire such interest, and
(B) prior to such date, the spouse retains a life estate in
such interest and conveys the remainder of such interest to any
heir of the decedent who is a member of such tribe.
(2) If the spouse of a decedent elects the application of this
subsection with respect to any interest in land which was trust or
restricted land immediately prior to the death of the decedent, the life
estate and the remainder of such interest created by the conveyance
described in paragraph (1)(B) shall acquire such trust or restricted
status.
(c) This section shall only apply to interests included in the
estates of decedents dying on or after the date of enactment of this
title.
Sec. 109. The Devils Lake Sioux Reservation, North Dakota, is hereby
declared the permanent homeland of the Devils Lake Sioux Tribe.
Sec. 110. The Secretary is authorized to take such action as may be
necessary to carry out the purposes of this title.
Sec. 201. This title // 25 USC 2201. // may be cited as the "
Indian Land Consolidation Act".
Sec. 202. For the purpose of this title--, // 25 USC 2201. //
(1) "tribe" means any Indian tribe, band, group, pueblo, or
community for which, or for the members of which, the United
States holds lands in trust;
(2) " Indian" means any person who is a member of a tribe or
any person who is recognized as an Indian by the Secretary of the
Interior;
(3) " Secretary" means the Secretary of the Interior; and
(4) "trust or restricted lands" means lands, title to which is
held by the United States in trust for an Indian or an Indian
tribe or lands title to which is held by Indians or an Indian
tribe subject to a restriction by the United States against
alienation.
Sec. 203. // 25 USC 2202. // The provisions of section 5 of the Act
of June 18, 1934 (48 Stat. 985), // 25 USC 465. // shall apply to all
tribes notwithstanding the provisions of section 18 of such Act: // 25
USC 478. // Provided, That nothing in this section is intended to
supersede any other provision of Federal law which authorizes,
prohibits, or restricts the acquisition of land for Indians with respect
to any specific tribe, reservation, or state(s).
Sec. 204. // 25 USC 2203. // (a) Notwithstanding any other provision
of law, any tribe, acting through its governing body, is authorized,
with the approval of the Secretary to adopt a land consolidation plan
providing for the sale or exchange of any tribal lands or interest in
lands for the purpose of eliminating undivided fractional interests in
Indian trust or restricted lands or consolidating its tribal
landholdings.
Sec. 205. // 25 USC 2204. // Any Indian tribe may purchase at no
less than the fair market value all of the interest in any tract of
trust or restricted land within that tribe's reservation or otherwise
subjected to that tribe's jurisdiction with the consent of over 50 per
centum of the owners or with the consent of the owners of over 50 per
centum of the undivided interests in such tract: Provided, That--,
(1) no such tract shall be acquired by any Indian or Indian
tribe over the objection of three or less owners owning 50 per
centum or more of the total interests in such tract;
(2) any Indian owning any undivided interest in, and in actual
use and possession of such tract, may purchase such tract by
matching the tribal offer;
(3) this section shall not apply to any tract of land owned by
less than fifteen persons; and
(4) all purchases and sales initiated under this section shall
be approved by the Secretary.
Sec. 206. // 25 USC 2205. // Notwithstanding any other provisions of
law, any Indian tribe may provide by appropriate action of its governing
body, subject to approval by the Secretary, that nonmembers of the tribe
or non-Indians shall not be entitled to receive by devise or descent any
interest of a member of such tribe in trust or restricted lands within
that tribe's reservation or otherwise subjected to that tribe's
jurisdiction: Provided, That in the event a tribe takes such action--,
(1) the sale price or exchange value received by the tribe for
land or interests in land covered by this section shall be no less
than within 10 per centum of the fair market value as determined
by the Secretary;
(2) if the tribal land involved in an exchange is of greater or
lesser value than the land for which it is being exchanged, the
tribe may accept or give cash in such exchange in order to
equalize the values of the property exchanged;
(3) any proceeds from the sale of land or interests in land or
proceeds received by the tribe to equalize an exchange made
pursuant to this section shall be used exclusively for the
purchase of other land or interests in land;
(4) the Secretary shall maintain a separate trust account for
each tribe selling or exchanging land pursuant to this section
consisting of the proceeds of the land sales and exchanges and
shall release such funds only for the purpose of buying lands
under this section; and
(5) any tribe may retain the mineral rights to such sold or
exchanged lands and the Secretary shall assist such tribe in
determining the value of such mineral rights and shall take such
value into consideration in determining the fair market value of
such lands.
(b) The Secretary must execute such instrument of conveyance needed
to effectuate a sale or exchange of tribal lands made pursuant to an
approved tribal land consolidation plan unless he makes a specific
finding that such sale or exchange is not in the best interest of the
tribe or is not in compliance with the tribal land consolidation plan--,
(1) if an Indian dies intestate, the surviving non-Indian or
nonmember spouse and/or children shall be entitled to a life
estate in as much of the trust or restricted lands as he, she or
they would have been entitled to take under existing law;
(2) if an intestate Indian decedent has no heir to whom
interests in trust or restricted lands may pass, such interests
shall escheat to the tribe, subject to any non-Indian or nonmember
spouse and/or children's rights as described in paragraph (1) of
this section;
(3) if an Indian decedent has devised interests in trust or
restricted lands to persons who are ineligible for such an
inheritance by reason of a tribal ordinance enacted pursuant to
this section, the devise shall be voided only if, while the estate
is pending before the Secretary for probate, the tribe acquires
such interests by paying to the Secretary, on behalf of the
devises, the fair market value of such interests as determined by
the Secretary as of the date of the decedent's death: Provided,
That any non-Indian or nonmember spouse and/or children of such
decedent who have been devised such interests may retain, at their
option, a life estate in such interests, or be compensated by the
tribe for the value of such intersts.
Sec. 207. // 25 USC 2206. // No undivided fractional interest in any
tract of trust or restricted land within a tribe's reservation or
otherwise subjected to a tribe's jurisdiction shall descedent by
intestacy or devise but shall escheat to that tribe if such interest
represents 2 per centum or less of the total acreage in such tract and
has earned to its owner less than $100 in the preceding year before it
is due to escheat.
Sec. 208. // 25 USC 2207. // The Secretary in carrying out his
responsibility to regulate the descent and distribution of trust lands
under section 1 of the Act of June 25, 1910 (36 Stat. 855; 25 U.S.C.
372) as amended, and other laws, shall give full faith and credit to any
tribal actions taken pursuant to section 206 of this title, which
provision shall apply only to estates of decedent's whose deaths occur
on or after the effective date of tribal ordinances adopted pursuant to
this title.
Sec. 209. // 25 USC 2208. // The Secretary shall have the authority
to issue deeds, patents, or such other instruments of conveyance needed
to effectuate a sale or exchange of tribal lands made pursuant to the
terms of this title and to remove, at the request of an Indian owner,
the trust status of individually held lands or interests therein, where
authorized by law.
Sec. 210. // 25 USC 2209. // Title to any land acquired under this
title by any Indian or Indian tribe shall be taken in trust by the
United States for that Indian or Indian tribe.
Sec. 211. // 25 USC 2210. // All lands or interests in land acquired
by the United States for an Indian or Indian tribe under authority of
this title shall be exempt from Federal, State and local taxation.
Approved January 12, 1983.
LEGISLATIVE HISTORY-S. 503:
HOUSE REPORT No. 97 - 908 (Comm. on Interior and Insular Affairs).
SENATE REPORT No. 97 - 507 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD, Vol. 128 (1982):
Aug. 20, considered and passed Senate.
Dec. 6, considered and passed House, amended.
Dec. 19, Senate agreed to House amendments with amendments.
Dec. 20, House concurred in Senate amendments.
PUBLIC LAW 97-458, 96 STAT. 2512
relating to the use or distribution
of certain judgment funds awarded by the Indian
Claims Commission or the Court
of Claims.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 2 of the
Act of October 19, 1973 (87 Stat. 466; 25 U.S.C. 1401 et seq.) is
amended to read as follows:
" Sec. 2 (a) Within one year after appropriation of funds to pay a
judgment of the Indian Claims Commission or the Court of Claims to any
Indian tribe, the Secretary of the Interior shall prepare and submit to
Congress a plan for the use and distribution of the funds. Such plan
shall include identification of the present-day beneficiaries, a formula
for the division of the funds among two or more beneficiary entities if
such is warranted, and a proposal for the use and distribution of the
funds. The Secretary shall simultaneously submit a copy of such plan to
each affected tribe or group.
"(b) With respect to judgments, for which funds have been
appropriated prior to the enactment of this amended section, but for
which use or distribution has not been authorized by enactment of
legislation or by an effective plan under this Act, the Secretary shall
prepare and submit such plans within one year of the enactment of this
amended section.
"(c) In any case where the Secretary determines that the
circumstances do not permit the preparation and submission of a plan as
provided in this Act, he shall submit to the Congress within the one--,
year period proposed legislation to authorize use or distribution of
such funds, together with a report thereon.
"(d) In cases where the Secretary has to submit a plan dividing
judgment funds between two or more beneficiary entities, he shall obtain
the consent of the tribal governments involved to the proposed division.
If the Secretary cannot obtain such consent within one hundred and
eighty days after appropriation of the funds for the award or within one
hundred and eighty days of the enactment of this amended section, he
shall submit proposed legislation to the Congress as provided in section
2(c).
"(e) An extension of the one-year period, not to exceed one hundred
and eighty days, may be requested by the Secretary or by the affected
Indian tribe, submitting such request to the committees through the
Secretary, and any such request will be subject to the approval of both
the Senate Select Committee on Indian Affairs and the United States
House of Representatives Committee on Interior and Insular Affairs.".
Sec. 2. (a) Section 3(b)(3) of said Act // 25 USC 1403. // is
hereby amended by adding at the end thereof the following proviso: "
Provided, That such funds may be disbursed to the parents or legal
guardian of such minors or legal incompetents in such amounts as may be
necessary for the minor or legal incompetent's health, education,
welfare, or emergencies under a plan or plans approved by the Secretary
and the tribal governing body of the Indian tribe involved.". Such plan
or plans shall be limited to urgent needs arising from extenuating
circumstances and shall accord with general principles governing
administration of trust funds of minors and legal incompetents,
including a requirement for strict accounting for expenditures.
(b) Clause (5) of section 3(b) of said Act // 25 USC 1403. // is
hereby striking out "warrant otherwise" and inserting in lieu thereof
the following: "warrant otherwise: Provided, That in the development
of such plan the Secretary shall survey past and present plans of the
tribe for economic development, shall consider long range benefits which
might accrue to the tribe from such plans, and shall encourage
programing of funds for economic development purposes where
appropriate.".
Sec. 3. (a) Subsection (a) of section 5 of said Act // 25 USC 1405.
// is amended by deleting "either House adopts a resolution" and
inserting in lieu thereof "a joint resolution is enacted".
(b) Subsection (b) of section 5 of said Act is amended by deleting
"adoption of a resolution" and inserting in lieu thereof "enactment of a
joint resolution".
(c) Section 5 of said Act is amended by adding the following new
subsections at the end thereof:
"(c) Within the sixty-day period and before the adoption of any
resolution disapproving a plan, the Secretary may withdraw or amend such
plan: Provided, That any amendments affecting the division of an award
between two or more beneficiary entities shall be subject to the consent
of these entities as provided in section 2(d) of this Act. Any such
amended plan shall become valid at the end of a sixty-day period
beginning on the day such amendment is submitted to the Congress, unless
during such sixty-day period, a joint resolution is enacted disapproving
such plan as amended.
"(d) Once a plan is withdrawn before the end of a sixty-day period,
the Secretary has until the expiration of the original one-year deadline
to resubmit a plan to Congress. Such a plan shall become valid at the
end of a sixty-day period beginning on the day such new plan is
submitted to the Congress, unless during such sixty-day period, a joint
resolution is enacted disapproving such plan.
"(e) Upon the introduction of the first such resolution of
disapproval in either the House of Representatives or the Senate, the
sixty-day period shall be recomputed from the date of such introduction
and shall not again be extended.".
Sec. 4. Section 7 of said Act // 25 USC 1407. // is amended to read
as follows:
" Sec. 7. None of the funds which--,
"(1) are distributed per capita or held in trust pursuant to a
plan approved under the provisions of this Act, or
"(2) on the date of enactment of this Act, are to be
distributed per capita or are held in trust pursuant to a plan
approved by the Congress prior to the date of enactment of this
Act, or
"(3) were distributed pursuant to a plan approved by Congress
after December 31, 1981 but prior to the date of enactment of this
Act, and any purchases made with such funds,
including all interest and investment income accrued thereon while such
funds are so held in trust, shall be subject to Federal or State income
taxes, nor shall such funds nor their availability be considered as
income or resources nor otherwise utilized as the basis for denying or
reducing the financial assistance or other benefits to which such
household or member would otherwise be entitled under the Social
Security Act // 42 USC 1305. // or, except for per capita shares in
excess of $2,000, any Federal or federally assisted program.
" Sec. 8. Interests of individual Indians in trust or restricted
lands shall not be considered a resource in determining eligibility for
assistance under the Social Security Act // 25 USC 1408. // or any
other Federal or federally assisted program.".
Approved January 12, 1983.
LEGISLATIVE HISTORY- H.R. 3731:
HOUSE REPORT No. 97 - 340 (Comm. on Interior and Insular Affairs).
SENATE REPORT No. 97 - 658 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD, Vol. 127 (1981):
Dec. 15, considered and passed House.
Dec. 19, considered and passed Senate, amended.
Dec. 20, House concurred in Senate amendments.
PUBLIC LAW 97-457, 96 STAT. 2507
related statutes.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled,
Section 1. (a) Section 13(c)(5)(A) of the Federal Deposit Insurance
Act (12 U.S.C. 1823(c)(5)(A)), as added by section 111 of Public Law 97
- 320, is amended by inserting "or dividends" after "interest".
(b) The amendment made by subsection (a) // 12 USC 1823. // shall be
deemed to have taken effect upon the enactment of Public Law 97 - 320.
Sec. 2. Section 5(o)(1) of the Home Owners' Loan Act of 1933 (12 U.
S.C. 1464(o)(1)), as added by section 112 of Public Law 97 - 320, is
amended by inserting "examination," after "operation,".
Sec. 3. The last sentence of section 26(a) of the Federal Deposit
Insurance Act (12 U.S.C. 1831c(a)), as added by section 113(p) of Public
Law 97 - 320, is amended by striking out " Depository Institutions
Amendments" and inserting in lieu thereof " Garn-St Germain Depository
Institutions Act".
Sec. 4. Section 13(f)(1) of the Federal Deposit Insurance Act (12
U.S.C. 1823(f)(1)), as added by section 116 of Public Law 97 - 320, is
amended by striking out "paragraphs" both places it appears and
inserting in lieu thereof "paragraph".
Sec. 5. Section 406(c)(3) of the National Housing Act (12 U.S.C.
1729(c)(3)), as amended by section 122(f) of Public Law 97 - 320, is
amended by striking out "paragraphs (1) or (2)" and inserting in lieu
thereof "paragraph (1) or (2)".
Sec. 6. Section 408(l) of the National Housing Act (12 U.S.C.
1730a(1)) is amended by striking out "mergers or acquisitions approved
under subsection (e)(2)" and inserting in lieu thereof "any transaction
approved under subsection (e)(2) or (m)".
Sec. 7. (a) Section 408(m)(1)(A)(i) of the National Housing Act (12
U.S.C. 1730a(m)(1)(A)(i)), as added by section 123 of Public Law 97 -
320, is amended by striking out "subsections (e) (2) and (1)" and
inserting in lieu thereof "subsections (e) (2) and (l)".
(b) Section 408(m)(1)(B)(iii) of such Act is amended by striking out
" Board of Directors" each place it appears and inserting in lieu
thereof " Federal Home Loan Bank Board".
Sec. 8. The second sentence of section 17(a) of the Federal Home
Loan Bank Act (12 U.S.C. 1437(a)), as amended by section 127 of Public
Law 97 - 320, is amended--,
(1) by striking out "the Administrative Procedure Act" and
inserting in lieu thereof "section 553 of title 5, United States
Code"; and
(2) by striking out "such Act" and inserting in lieu thereof
"section 554 of such title".
Sec. 9. (a) Section 406(f)(5)(C)(ii) of the National Housing Act (12
U.S.C. 1729(f)(5)(C)(ii)), as added by section 202 of Public Law 97 -
320, is amended by striking out "if" the second place it appears.
(b)(1) Section 406(f)(5)(I) of such Act (12 U.S.C. 1729(f)(5)(I)), as
added by section 202 of Public Law 97 - 320, is amended by inserting "or
dividends" after "interest".
(2) The amendment made by paragraph (1) // 12 USC 1729. // shall be
deemed to have taken effect upon the enactment of Public Law 97 - 320.
Sec. 10. (a) Section 13(i)(9) of the Federal Deposit Insurance Act
(12 U.S.C. 1823(i)(9)), as added by section 203 of Public Law 97 - 320,
is amended by inserting "or dividends" after "interest".
(b) The amendment made by subsection (a) // 12 USC 1823. // shall be
deemed to have taken effect upon the enactment of Public Law 97 - 320.
Sec. 11. Section 206 of Public Law 97 - 320 is amended to read as
follows:
" Sec. 206. (a) Upon the expiration of three years after the date of
enactment of this Act, // 12 USC 1729, 1823, 1729. // section 406(
f)(5) of the National Housing Act and section 13(i) of the Federal
Deposit Insurance Act are repealed.
"(b) The repeal by subsection (a) shall have no effect on any action
taken or authorized pursuant to the amendments made by this title by or
for a qualified institution while such amendments were in effect and
while net worth certificates issued pursuant to these amendments are
outstanding.".
Sec. 12. The first sentence of section 5(b)(1)(B) of the Home
Owners' Laon Act of 1933 (12 U.S.C. 1464(b)(1)(B)), as amended by
section 312 of Public Law 97 - 320, is amended by inserting "may accept
a demand account from itself and" after " An association".
Sec. 13. Section 204 of the Depository Institutions Deregulation Act
of 1980 (12 U.S.C. 3503), as amended by section 327 of Public Law 97 -
320, is amended by adding at the end thereof the following:
"(4) The transitional adjustment provisions in section 19(b)(8) of
the Federal Reserve Act, // 12 USC 461. // providing for the phase-in
of reserve requirements, shall not apply to an account or accounts
established pursuant to this subsection.".
Sec. 14. (a)(1) Section 5(c)(3) of the Home Owners' Loan Act of 1933
(12 U.S.C. 1464(c)(3)) is amended by adding at the end thereof the
following:
"(D) Construction loans without security.-Investments not
exceeding the greater of (i) the sum of its surplus, undivided
profits, and reserves, or (ii) 5 per centum of the assets of the
association, in loans the principal purpose of which is to provide
financing with respect to what is or is expected to become
primarily residential real estate where (I) the association relies
substantially for repayment on the borrower's general credit
standing and forecast of income without other security, or (II)
the association relies on other assurances for repayment,
including but not limited to a guaranty or similar obligation of a
third party. Investments under this subsection shall not be
included in any percentage of assets or other percentage referred
to in this subsection.".
(2) The amendment made by paragraph (1) // 12 USC 1464. // shall be
deemed to have taken effect upon the enactment of Public Law 97 - 320.
(b) Section 5(r)(2)(B) of the Home Owners' Loan Act of 1933 (12 U.S.
C. 1464(r)(2)(B)), as added by section 334 of Public Law 97 - 320, is
amended by striking out " Depository Institutions Amendments" and
inserting in lieu thereof " Garn-St Germain Depository Institutions
Act".
Sec. 15. Section 352 of Public Law 97 - 320, is amended by inserting
" Home" after " Federal" the first place it appears.
Sec. 16. Section 6(m) of the Federal Home Loan Bank Act (12 U.S.C.
1426(m)), as added by section 355(b) of Public Law 97 - 320, is amended
by striking out " Banks" and inserting in lieu thereof "banks or in
connection with obtaining a charter from the Federal Home Loan Bank
Board".
Sec. 17. (a) Section 5200(b)(1) of the Revised Statutes (12 U.S.C.
84), as amended by section 401 of Public Law 97 - 320, is amended by
inserting a comma before "to the extent specified by the Comptroller of
the Currency".
(b) Section 11(m) of the Federal Reserve Act (12 U.S.C. 248(m)) is
amended by striking out in the first sentence "under paragraph (8) of
section 5200 of the Revised Statutes, as amended (U.S.C., Supp. VII,
title 12, sec. 84)" and inserting in lieu thereof "under section 5200(
c)(4) of the Revised Statutes".
Sec. 18. The last proviso of section 5136 Seventh of the Revised
Statutes (12 U.S.C. 24 Seventh), as amended by section 404(b) of Public
Law 97 - 320, is amended by striking out "10 per centum of its" and
inserting in lieu thereof "10 per centum of the association's".
Sec. 19. (a) Section 2(b) of the Act of May 1, 1886 (12 U.S.C. 30(
b)), as amended by section 405(a) of Public Law 97 - 320, is amended by
inserting "for a relocation outside such limits" after "stock of such
association".
(b) The first sentence of section 5154 of the Revised Statutes (12
U.S.C. 35) is amended by striking out "with any name approved by the
Comptroller of the Currency" and inserting in lieu thereof "with a name
that contains the word 'national'".
Sec. 20. (a) Section 406 of Public Law 97 - 320 is amended to read
as follows:
" Sec. 406. The last sentence of section 5198 of the Revised
Statutes (12 U.S.C. 94) is amended to read as follows: ' Any action or
proceeding against a national banking association for which the Federal
Deposit Insurance Corporation has been appointed receiver, or against
the Federal Deposit Insurance Corporation as receiver of such
association, shall be brought in the district or territorial court of
the United States held within the district in which that association's
principal place of business is located, or, in the event any State,
county, or municipal court has jurisdiction over such an action or
proceeding, in such court in the county or city in which that
association's principal place of business is located.'".
(b) The amendment made by subsection (a) shall be deemed to have
taken effect upon the enactment of Public Law 97 - 320. // 12 USC 94.
//
Sec. 21. Section 4(b)(1) of the Act of March 9, 1933 (12 U.S.C. 95(
b)(1)), as amended by section 407 of Public Law 97 - 320, is amended by
inserting "a State or" before "a State official".
Sec. 22. Section 23 A(d) of the Federal Reserve Act (12 U.S.C.
371c(d)), as amended by section 410(b) of Public Law 97 - 320, is
amended--,
(1) by striking out "except for the purchase of a low-quality
asset which is prohibited" in paragraph (1) and inserting in lieu
thereof "subject to the prohibition contained in subsection (a)(
3)"; and
(2) by striking out "purchasing loans on a nonrecourse basis
from affiliated banks" in paragraph (6) and inserting in lieu
thereof ", subject to the prohibition contained in subsection
(a)(3), purchasing loans on a nonrecourse basis from affiliated
banks".
Sec. 23. (a) Section 412 of Public Law 97 - 320 is amended to read
as follows:
" Sec. 412. The fifth paragraph of section 5240 of the Revised
Statutes (12 U.S.C. 484) is amended to read as follows:
"'(A) No national bank shall be subject to any visitorial powers
except as authorized by Federal law, vested in the courts of justice or
such as shall be, or have been exercised or directed by Congress or by
either House thereof or by any committee of Congress or of either House
duly authorized.
"'(B) Notwithstanding subparagraph (A), lawfully authorized State
auditors and examiners may, at reasonable times and upon reasonable
notice to a bank, review its records solely to ensure compliance with
applicable State unclaimed property or escheat laws upon reasonable
cause to believe that the bank has failed to comply with such laws.'".
(b) The amendment made by subsection (a) // 12 USC 484. // shall be
deemed to have taken effect upon the enactment of Public Law 97 - 320.
Sec. 24. Section 424(g) of Public Law 97 - 320 is amended by
striking out "688" and inserting in lieu thereof "668".
Sec. 25. Section 107(5)(A)(i) of the Federal Credit Union Act (12
U.S.C. 1757(5)(A)(i)), as amended by section 507 of Public Law 97 - 320,
is amended by striking out " Association" and inserting in lieu thereof
" Administration".
Sec. 26. Section 107(7) of the Federal Credit Union Act (12 U.S.C.
1757(7)), as amended by section 514 of Public Law 97 - 320, is
amended--,
(1) by striking out "and" before "(J)";
(2) by striking out "(L)" and inserting in lieu thereof "(K)";
and
(3) by striking out "; and" at the end thereof and inserting
in lieu thereof a period.
Sec. 27. The next to the last sentence of section 124 of the Federal
Credit Union Act (12 U.S.C. 1770), as amended by section 515 of Public
Law 97 - 320, is amended by inserting "of" after "installation".
Sec. 28. Section 113 of the Federal Credit Union Act (12 U.S.C.
1761b), as amended by section 522 of Public Law 97 - 320, is amended--,
(1) by striking out "directions" and inserting in lieu thereof
"direction";
(2) by striking out "unions" in paragraph (2) and inserting in
lieu thereof "union";
(3) by inserting "by" after "interest paid" in paragraph (9);
and
(4) by striking out "meetings" in paragraph (15) and inserting
in lieu thereof "meeting".
Sec. 29. Section 202(c) of the Federal Credit Union Act (12 U.S.C.
1782(c)), as amended by section 529 of Public Law 97 - 320, is amended
by striking out "paragraphs (2) and (3)" in paragraph (1) and inserting
in lieu thereof "paragraph (2)".
Sec. 30. The first sentence of section 4(c)(8) of the Bank Holding
Company Act of 1956 (12 U.S.C. 1843(c)(8)), as amended by section 601 of
Public Law 97 - 320, is amended--,
(1) by inserting ": Provided, however, That such a bank
holding company and its subsidiaries may not engage in the sale of
life insurance or annuities except as provided in subparagraph
(A), (B), or (C)" before "; or (G)"; and
(2) by striking out the proviso at the end thereof.
Sec. 31. Section 701(c) of Public Law 97 - 320 is amended--,
(1) by striking out "both"; and
(2) by inserting ", on," after "prior to".
Sec. 32. (a) Section 1(b)(4) of the Bank Service Corporation Act (12
U.S.C. 1861(b)(4)), as amended by section 709 of Public Law 97 - 320, is
amended--,
(1) by striking out "or another" after "insured bank," and
inserting in lieu thereof "a"; and
(2) by inserting before the final semicolon the following: ",
or a financial institution the accounts or deposits of which are
insured or guaranteed under State law and are eligible to be
insured by the Federal Deposit Insurance Corporation, the Federal
Savings and Loan Insurance Corporation, or the National Credit
Union Administration Board".
(b) The Bank Service Corporation Act, as amended by section 709 of
Public Law 97 - 320, is amended--,
(1) by striking out "the Financial Institutions Supervisory Act
of 1966 (12 U.S.C. 1818(b) et seq.)" in section 7(b) and inserting
in lieu thereof the following: "section 8 of the Federal Deposit
Insurance Act (12 U.S.C. 1818)"; and
(2) by striking out "under this Act" in subsections (d) and (e)
of section 4 and inserting in lieu thereof "under the law of the
United States".
Sec. 33. Section 414(a) of the National Housing Act (12 U.S.C.
1730c) // 12 USC 1730g. // is amended by inserting "(which, for the
purpose of this section, shall include a Federal association the
deposits of which are insured by the Federal Deposit Insurance
Corporation)" after "insured institution" the first place it appears.
Approved January 12, 1983.
LEGISLATIVE HISTORY-S.J. Res. 271:
CONGRESSIONAL RECORD, Vol. 128 (1982):
Dec. 16, considered and passed Senate.
Dec. 21, considered and passed House, amended; Senate agreed
to House amendments.
PUBLIC LAW 97-456, 96 STAT. 2503
International Trade Commission,
the United States Customs Service, and the Office
of the United States Trade
Representative for fiscal year 1983, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. UNITED STATES INTERNATIONAL TRADE COMMISSION.
(a) Authorization of Appropriations.--Paragraph (2) of section 330(
e) of the Tariff Act of 1930 (19 U.S.C. 1330(e)(2)) is amended to read
as follows:
"(2) There are authorized to be appropriated to the Commission for
necessary expenses for fiscal year 1983 not to exceed $19,737,000. No
part of any sum that is appropriated under the authority of this
paragraph may be used by the Commission for the making of any special
study, investigation, or report that is requested by any agency of the
executive branch unless that agency reimburses the Commission for the
cost thereof.".
(b) Acceptance of Gifts, Devises, and Bequests for Use of the
Commission.--Subsection (a)(1) of section 331 of the Tariff Act of 1930
(19 U.S.C. 1331(a)(1)) is amended to read as follows:
"(a)(1)(A) Except as provided in paragraph (2), the chairman of the
Commission shall--,
"(i) appoint and fix the compensation of such employees of the
Commission as he deems necessary (other than the personal staff of
each commissioner), including the secretary,
"(ii) procure the services of experts and consultants in
accordance with the provisions of section 3109 of title 5, and
"(iii) exercise and be responsible for all other administrative
functions of the Commission.
"(B) The chairman of the Commission may accept, hold, administer, and
utilize gifts, devises, and bequests of property, both real and
personal, for the purpose of aiding or facilitating the work of the
Commission.
"(C) Any decision by the chairman under subparagraph (A) or (B) shall
be subject to disapproval by a majority vote of all the commissioners in
office.".
SEC. 2. UNITED STATES CUSTOMS SERVICE.
Section 301 of the Customs Procedural Reform and Simplification Act
of 1978 (92 Stat. 905; 19 U.S.C. 2075) is amended--,
(1) by striking out " For" and inserting in lieu thereof "(a)
For"; and
(2) by inserting at the end thereof the following new
subsections:
"(b) There are authorized to be appropriated to the Department of the
Treasury not to exceed $564,224,000 for the salaries and expenses of the
United States Customs Service for fiscal year 1983, of which not to
exceed $31,464,000 is for salary and expenses for the enforcement of the
alcohol and tobacco revenue laws.
"(c) No part of any sum that is appropriated under the authority of
subsection (b) may be used to implement any procedure relating to the
time of collection of estimated duties that shortens the maximum 10-day
deferment procedure in effect on January 1, 1981.
"(d) For the fiscal year beginning October 1, 1982, and for each
fiscal year thereafter, there are authorized to be appropriated to the
Department of the Treasury for salaries of the United States Customs
Service such additional sums as may be provided by law to reflect pay
rate changes made in accordance with the Federal Pay Comparability Act
of 1970.". // 5 USC 5301 //
SEC. 3. OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE.
(a) Authorization of Appropriations.--Subsection (f) of section 141
of the Trade Act of 1974 (19 U.S.C. 2171(f)) is amended to read as
follows:
"(f)(1) There are authorized to be appropriated to the Office for the
purpose of carrying out its functions $11,100,000 for fiscal year 1983;
of which not to exceed $65,000 may be used for entertainment and
representation expenses.
"(2) For the fiscal year beginning October 1, 1982, and for each
fiscal year thereafter, there are authorized to be appropriated to the
Office for the salaries of its officers and employees such additional
sums as may be provided by law to reflect pay rate changes made in
accordance with the Federal Pay Comparability Act of 1970.".
(b) Functions and Powers of the Office of the United States Trade
Representative.--Section 141 of the Trade Act of 1974 is amended--,
(1) by redesignating paragraph (2) of subsection (c) as
paragraph (3) of subsection (c) and by inserting immediately after
subsection (c)(1) the following new paragraph:
"(2) The United States Trade Representative may--,
designate;
and
functions,
powers, and duties to such officers and employees of
the Office as he may deem appropriate.";
(2) by inserting ", powers and duties" after "functions" in
subsection (d)(3);
(3) by striking out "and" at the end of subsection (d)(6);
(4) by striking out the period at the end of subsection (d)(7)
and inserting in lieu thereof a semicolon; and
(5) by adding after subsection (d)(7) the following:
"(8) pay for expenses approved by him for official travel
without regard to the Federal Travel Regulations or to the
provisions of subchapter I of chapter 57 of title 5, United States
Code
// 5 USC 5701 //
(relating to rates of per diem allowances in lieu of subsistence
expenses);
"(9) accept, hold, administer, and utilize gifts, devises, and
bequests of property, both real and personal, for the purpose of
aiding or facilitating the work of the Office; and
"(10) acquire, by purchase or exchange, not more than two
passenger motor vehicles for use abroad, except that no vehicle
may be acquired at a cost exceeding $9,500.".
(c) Additional Deputy United States Trade Representative.--,
Paragraph (2) of section 141(b) of the Trade Act of 1974 (19 U.S.C.
2171(b)(2)) is amended by striking out "two Deputy Special
Representatives for Trade Negotiations" and inserting in lieu thereof
"three Deputy United States Trade Representatives".
(d) Conforming Amendments.--,
(1) Subsections (b)(3), (g), and (h) of section 141 of the
Trade Act of 1974
// 5 USC 5312, 5314, 19 USC 2171. //
are hereby repealed.
(2) Section 141 of the Trade Act of 1974 is further amended--,
in
subsection (b)(2) and inserting in lieu thereof "a
Deputy
United States Trade Representative";
inserting in
lieu thereof " Deputy United States Trade
Representative";
redesignated by
this Act, and inserting in lieu thereof " Deputy
United
States Trade Representative"; and
heading
thereof and inserting in lieu thereof " United States
Trade
Representative".
(3) The chapter heading for chapter 4 of title I of the Trade
Act of 1974 is amended to read as follows:
(4) The table of contents of the Trade Act of 1974 is amended
by striking out the item relating to chapter 4 of title I and
inserting in lieu thereof the following:
Representative
"sec. 141. Office of the United States Trade Representative.".
(5) Section 5312 of title 5, United States Code, is amended by
striking out the paragraph relating to the Special Representative
for Trade Negotiations and inserting in lieu thereof the following
paragraph:
(6) Section 5314 of title 5, United States Code, is amended by
striking out the paragraph relating to the Deputy Special
Representatives for Trade Negotiations and inserting in lieu
thereof the following paragraph:
" Deputy United States Trade Representatives (3).".
Approved January 12, 1983.
LEGISLATIVE HISTORY-- H.R. 6094 (S. 2555):
HOUSE REPORTS: No. 97 - 497 (Comm. on Ways and Means) and No. 97 -
988 (Comm. of Conference).
SENATE REPORT No. 97 - 410 accompanying S. 2555 (Comm. on Finance).
CONGRESSIONAL RECORD, Vol. 128 (1982):
June 16, considered and passed House.
Sept. 30, considered and passed Senate, amended.
Dec. 21, House agreed to conference report and Senate agreed to
conference report.
PUBLIC LAW 97-455, 96 STAT. 2497
the rate of certain taxes paid
to the Virgin Islands on Virgin Islands source
income, to amend the Social Security
Act to provide for a temporary period that payment of
disability benefits may
continue through the hearing stage of the appeals
process, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. INCOME TAX RATE ON VIRGIN ISLANDS SOURCE INCOME.
(a) In General.-Subpart D of part III of subchapter N of chapter 1 of
the Internal Revenue Code of 1954 (relating to possessions) is amended
by inserting after section 934 the following new section:
" SEC. 934 A. // 26 USC 934 A. // INCOME TAX RATE ON VIRGIN ISLANDS
SOURCE INCOME.
"(a) General Rule.-For purposes of determining the tax liability
incurred by citizens and resident alien individuals of the United
States, and corporations organized in the United States, to the Virgin
Islands pursuant to this title with respect to amounts received from
sources within the Virgin Islands--,
"(1) the taxes imposed by sections 871(a)(1) and 881 (as made
applicable to the Virgin Islands) shall apply except that '10
percent' shall be substituted for '30 percent', and
"(2) subsection (a) of section 934 shall not apply to such
taxes.
"(b) Subsection (a) Rates Not To Apply to Pre-Effective Date
Earnings.--,
"(1) In general.-Any change under subsection (a)(1), and any
reduction under section 934 pursuant to subsection (a)(2), in a
rate of tax imposed by section 871(a)(1) or 881 shall not apply to
dividends paid out of earnings and profits accumulated for taxable
years beginning before the effective date of the change or
reduction.
"(2) Ordering rule.-For purposes of paragraph (1), dividends
shall be treated as first being paid out of earnings and profits
accumulated for taxable years beginning before the effective date
of the change or reduction (to the extent thereof)."
(b) Withholding.-Subchapter A of chapter 3 of such Code (relating to
withholding of tax on nonresident aliens and foreign corporations) is
amended by adding at the end thereof the following new section:
" SEC. 1444. // 26 USC 1444. // WITHHOLDING ON VIRGIN ISLANDS SOURCE
INCOME.
" For purposes of determining the withholding tax liability incurred
in the Virgin Islands pursuant to this title (as made applicable to the
Virgin Islands) with respect to amounts received from sources within the
Virgin Islands by citizens and resident alien individuals of the United
States, and corporations organized in the United States, the rate of
withholding tax under section 1441 and 1442 on income subject to tax
under section 871(a)(1) or 881 (as modified by section 934 A) shall not
exceed the rate of tax on such income under section 871(a)(1) or 881, as
the case may be."
(c) Technical Amendment.-Subsection (a) of section 934 of such Code
// 26 USC 934. // is amended by inserting before the period at the end
thereof "or in section 934 A".
(d) Clerical Amendments.--,
(1) The table of sections for subpart D of part III of
subchapter N of chapter 1 of such Code is amended by inserting
after the item relating to section 934 the following new item:
" Sec. 934 A. Income tax rate on Virgin Islands source
income."
(2) The table of sections for subchapter A of chapter 3 of such
Code is amended by adding at the end thereof the following new
item:
" Sec. 1444. Withholding on Virgin Islands source income."
(e) Effective Dates.--,
(1) In general.-Except as provided in paragraph (2), the
amendments made by this section
// 26 USC 934 A. //
shall apply to amounts received after the date of the enactment of
this Act in taxable years ending after such date.
(2) Withholding.-The amendment made by subsection (b) shall
apply to payments made after the date of the enactment of this
Act.
SEC. 2. CONTINUED PAYMENT OF DISABILITY BENEFITS DURING APPEAL.
Section 223 of the Social Secruity Act // 42 USC 423. // is amended
by adding at the end thereof the following new subsection:
" Continued Payment of Disability Benefits During Appeal
"(g)(1) In any case where--,
"(A) an individual is a recipient of disability insurance
benefits, or of child's, widow's, or widower's insurance benefits
based on disability,
"(B) the physical or mental impairment on the basis of which
such benefits are payable is found to have ceased, not to have
existed, or to no longer be disabling, and as a consequence such
individual is determined not to be entitled to such benefits, and
"(C) a timely request for a hearing under section 221(d),
// 42 USC 421. //
or for an administrative review prior to such hearing, is pending
with respect to the determination that he is not so entitled,
such individual may elect (in such manner and form and within such time
as the Secretary shall by regulations prescribe) to have the payment of
such benefits, and the payment of any other benefits under this Act
based on such individual's wages and self-employment income (including
benefits under title XVIII), continued for an additional period
beginning with the first month beginning after the date of the enactment
of this subsection for which (under such determination) such benefits
are no longer otherwise payable, and ending with the earlier of (i) the
month preceding the month in which a decision is made after such a
hearing, (ii) the month preceding the month in which no such request for
a hearing or an administrative review is pending, or (iii) June 1984.
"(2)(A) If an individual elects to have the payment of his benefits
continued for an additional period under paragraph (1), and the final
decision of the Secretary affirms the determination that he is not
entitled to such benefits, any benefits paid under this title pursuant
to such election (for months in such additional period) shall be
considered overpayments for all purposes of this title, except as
otherwise provided in subparagraph (B).
"(B) If the Secretary determines that the individual's appeal of his
termination of benefits was made in good faith, all of the benefits paid
pursuant to such individual's election under paragraph (1) shall be
subject to waiver consideration under the provisions of section 204. //
42 USC 404. //
"(3) The provisions of paragraphs (1) and (2) shall apply with
respect to determinations (that individuals are not entitled to
benefits) which are made--,
"(A) on or after the date of the enactment of this subsection,
or prior to such date but only on the basis of a timely request
for a hearing under section 221(d),
// 42 USC 421. //
or for an administrative review prior to such hearing, and
"(B) prior to October 1, 1983.".
SEC. 3. PERIODIC REVIEWS OF DISABILITY CASES.
Section 221(i) of the Social Security Act // 42 USC 421. // is
amended--,
(1) by inserting "(1)" after "(i)";
(2) by inserting ", subject to paragraph (2)" after "at least
every 3 years"; and
(3) by adding at the end thereof the following new paragraph:
"(2) The requirement of paragraph (1) that cases be reviewed at least
every 3 years shall not apply to the extent that the Secretary
determines, on a State-by-State basis, that such requirement should be
waived to insure that only the appropriate number of such cases are
reviewed. The Secretary shall determine the appropriate number of cases
to be reviewed in each State after consultation with the State agency
performing such reviews, based upon the backlog of pending reviews, the
projected number of new applications for disability insurance benefits,
and the current and projected staffing levels of the State agency, but
the Secretary shall provide for a waiver of such requirement only in the
case of a State which makes a good faith effort to meet proper staffing
requirements for the State agency and to process case reviews in a
timely fashion. The Secretary shall report annually to the Committee on
finance of the Senate and the Committee on Ways and Means of the House
of Representatives with respect to the determinations made by the
Secretary under the preceding sentence.".
(b) The amendments made by subsection (a) // 42 USC 421. // shall
become effective on the date of the enactment of this Act.
SEC. 4. EVIDENTIARY HEARINGS IN RECONSIDERATIONS OF DISABILITY
BENEFIT TERMINATIONS.
(a) In General.-Section 205(b) of the Social Security Act // 42 USC
405. // is amended--,
(1) by inserting "(1) after "(b)"; and
(2) by adding at the end thereof the following new paragraph:
"(2) In any case where--,
"(A) an individual is a recipient of disability insurance
benefits, or of child's, widow's, or widower's insurance benefits
based on disability,
"(B) the physical or mental impairment on the basis of which
such benefits are payable is found to have ceased, not to have
existed, or to no longer be disabling, and
"(C) as a consequence of the finding described in subparagraph
(B), such individual is determined by the Secretary not to be
entitled to such benefits,
any reconsideration of the finding described in subparagraph (B), in
connection with a reconsideration by the Secretary (before any hearing
under paragraph (1) on the issue of such entitlement) of his
determination described in subparagraph (C), shall be made only after
opportunity for an evidentiary hearing, with regard to the finding
described in subparagraph (B), which is reasonably accessible to such
individual. Any reconsideration of a finding described in subparagraph
(B) may be made either by the State agency or the Secretary where the
finding was originally made by the State agency, and shall be made by
the Secretary where the finding was originally made by the Secretary.
In the case of a reconsideration by a State agency of a finding
described in subparagraph (B) which was originally made by such State
agency, the evidentiary hearing shall be held by an adjudicatory unit of
the State agency other than the unit that made the finding described in
subparagraph (B). In the case of a reconsideration by the Secretary of
a finding described in subparagraph (B) which was originally made by the
Secretary, the evidentiary hearing shall be held by a person other than
the person or persons who made the finding described in subparagraph
(B).".
(b) Effective Date.-The amendments made by subsection (a) // 42 USC
405. // shall apply with respect to reconsiderations (of findings
described in section 205(b)(2)(B) of the Social Security Act) which are
requested on or after such date as the Secretary of Health and Human
Services may specify, but in any event not later than January 1, 1984.
SEC. 5. // 42 USC 405. // CONDUCT OF FACE-TO-FACE RECONSIDERATIONS
IN DISABILITY CASES.
The Secretary of Health and Human Services shall take such steps as
may be necessary or appropriate to assure public understanding of the
importance the Congress attaches to the face-to-face reconsiderations
provided for in section 205(b)(2) of the Social Security Act (as added
by section 4 of this Act). For this purpose the Secretary shall--,
(1) provide for the establishment and implementation of
procedures for the conduct of such reconsiderations in a manner
which assures that beneficiaries will receive reasonable notice
and information with respect to the time and place of
reconsideration and the opportunities afforded to introduce
evidence and be represented by counsel; and
(2) advise beneficiaries who request or are entitled to request
such reconsiderations of the procedures so established, of their
opportunities to introduce evidence and be represented by counsel
at such reconsiderations, and of the importance of submitting all
evidence that relates to the question before the Secretary of the
State agency at such reconsiderations.
SEC. 6. REPORT BY SECRETARY.
Section 221(i) of the Social Security Act (as amended by section 3 of
this Act) is further amended by adding at the end thereof the following
new paragraph:
"(3) The Secretary shall report semiannually to the Committee on
Finance of the Senate and the Committee on Ways and Means of the House
of Representatives with respect to the number of reviews of continuing
disability carried out under paragraph (1), the number of such reviews
which result in an initial termination of benefits, the number of
requests for reconsideration of such initial termination or for a
hearing with respect to such termination under subsection (d), or both,
and the number of such initial terminations which are overturned as the
result of a reconsideration or hearing.".
SEC. 7. OFFSET AGAINST SPOUSES' BENEFITS ON ACCOUNT OF PUBLIC
PENSIONS.
(a) Additional Exemption.--,
(1) Section 334 of the Social Security Amendments of 1977
(Public Law 95 - 216)
// 42 USC 402. //
is amended by adding at the end thereof the following new
subsection:
"(h) In addition, the amendments made by the preceding provisions of
this section shall not apply with respect to any monthly insurance
benefit payable, under subsection (b), (c), (e), (f), or (g) (as the
case may be) of section 202 of the Social Security Act, // 42 USC 402.
// to an individual--,
"(1) to whom there is payable for any month prior to July 1983
(or who is eligible in any such month for) a monthly periodic
benefit (within the meaning of such provisions) based upon such
individual's earnings while in the service of the Federal
Government or any State (or political subdivision thereof, as
defined in section 218(b)(2) of the Social Security Act);
// 42 USC 418. //
and
"(2) who at the time of application for or initial entitlement
to such monthly insurance benefit under such subsection (b), (c),
(e), (f), or (g)--,
read
prior to the enactment of the amendments made by this
section, or an equivalent dependency test (if the
individual
is a woman), in the case of an individual applying for
or
becoming entitled to benefits under such subsection (b)
or
(c), or
read
prior to the enactment of the amendments made by this
section, or an equivalent dependency test (if the
individual
is a woman), in the case of an individual applying for
or
becoming entitled to benefits under such subsection
(e), (f),
or (g).".
(2) Section 334(f) of such Act
// 42 USC 402. //
is amended by striking out " The amendments" and inserting in lieu
thereof " Subject to subsections (g) and (h), the amendments".
(b) Report by Secretary.-The Secretary of Health and Human Services
shall conduct a study of the provisions of title II of the Social
Security Act // 42 USC 401. // which require an offset against spouses'
and surviving spouses' benefits on account of public pensions, as added
by section 334 of the Social Security Amendments of 1977 // 91 Stat.
1544. // (taking into account the amendment made by subsection (a) of
this section as well as the provisions of such section 334), and shall
report to the Congress, no later than May 15, 1983, his recommendations
for any permanent legislative changes in such provisions (or in the
applicability of such provisions) which he may consider appropriate.
(c) Technical Amendments.-Subsections (b)(4)(A), (c)(2)(A), (e)(8)(
A), (f)(2)(A) and (g)(4)(A) of section 202 of the Social Security Act //
42 USC 402. // are each amended by inserting "for purposes of this
title" after "as defined in section 210".
(d) Effective Date.-The amendments made by subsections (a) and (c) of
this section // 42 USC 402. // shall be effective with respect to
monthly insurance benefits for months after November 1982.
Approved January 12, 1983.
LEGISLATIVE HISTORY-H.R. 7093:
HOUSE REPORTS: No. 97 - 833 (Comm. on Ways and Means) and No. 97 -
985 (Comm. of Conference).
SENATE REPORT No. 97 - 648 (Comm. on Finance).
CONGRESSIONAL RECORD, Vol. 128 (1982):
Sept. 20, considered and passed House.
Dec. 3, considered and passed Senate, amended.
Dec. 14, House concurred in Senate amendment, in another with
an amendment, and disagreed to certain amendments.
Dec. 21, Senate and House agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 19, No. 2 (1983):
Jan. 12, Presidential statement.
PUBLIC LAW 97-454, 96 STAT. 2494
responsibility for the quarterly
financial report from the Federal Trade Commission
to the Secretary of Commerce,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) chapter 3 of
title 13, United States Code, // 13 USC 101. // is amended--,
(1) by redesignating subchapter III as subchapter IV; and
(2) by inserting after subchapter II the following:
" Section 91. // 13 USC 91. // Collection and publication
"(a) The Secretary shall collect and publish quarterly financial
statistics of business operations, organization, practices, management,
and relation to other businesses, including data on sales, expenses,
profits, assets, liabilities, stockholders' equity, and related accounts
generally used by businesses in income statements, balance sheets, and
other measures of financial condition.
"(b) Except to the extent determined otherwise by the Secretary on
the basis of changed circumstances, the nature of statistics collected
and published under this section, and the manner of the collection and
publication of such statistics, shall conform to the quarterly financial
reporting program carried out by the Federal Trade Commission before the
effective date of this section under section 6(b) of the Federal Trade
Commission Act. // 15 USC 46. //
"(c) For purposes of section 6103(j)(1) of the Internal Revenue Code
of 1954, the conducting of the quarterly financial report program under
this section shall be considered as the conducting of a related
statistical activity authorized by law.".
(b) The table of contents of chapter 3 of title 13, United States
Code, is amended by striking out " III" in the item relating to
subchapter III, and inserting " IV" in lieu thereof, and by inserting
after the item relating to subchapter II the following:
"91. Collection and publication.".
Sec. 2. (a) There are transferred to the Secretary of Commerce, for
administration under section 91 of title 13, United States Code, // 13
USC 91. // all functions relating to the quarterly financial report
program which was carried out by the Federal Trade Commission before the
effective date of this Act pursuant to the authority of section 6( b) of
the Federal Trade Commission Act (15 U.S.C. 46(b)).
(b) All personnel, property, and records of the Federal Trade
Commission which the Director of the Office of Management and Budget
determines, after consultation with the Secretary of Commerce and the
Chairman of the Federal Trade Commission, to be employed, held, or used
in connection with any function relating to the quarterly financial
report program shall be transferred to the Department of Commerce. For
purposes of sections 6103, 7213, and 7431, and other provisions of the
Internal Revenue Code of 1954, return information (as defined in section
6103(b) of such Code) which is transferred under this subsection shall
be treated as if it were furnished to the Bureau of the Census under
section 6103(j)(1) of such Code solely for administering the quarterly
financial report program under section 91 of title 13, United States
Code. Such transfer shall be carried out not later than 90 days after
the effective date of this Act.
Sec. 3. Not later than 180 days after the effective date of this
Act, // 13 USC 23. // the Secretary of Commerce shall publish in the
Federal register a statement of the policy and practices of the Bureau
of the Census relating to the administration of section 23(c) of title
13, United States Code. Such statement shall include a description
of--,
(1) the policy of the Secretary for the use of all individuals
as temporary staff pursuant to such section 23(c) to assist the
Bureau of the Census in performing work authorized under such
title 13;
(2) the functions for which the Secretary, in his discretion,
may appoint temporary staff to assist the Bureau in performing
work authorized under such title 13;
(3) the practice applicable to the appointment of such
temporary staff in performing such work;
(4) the requirements and penalties under such title applicable
to temporary staff performing such work, together with safeguards
to ensure that such temporary staff will observe the limitations
imposed in section 9 of such title.
Sec. 4. (a) This Act shall take effect on the date of the enactment
of this Act.
(b) This Act, // 13 USC 91. // including the amendments made by this
Act, shall cease to have effect 7 years after such effective date.
(c) Not later than 2 years after such effective date, the Secretary
of Commerce shall submit a report to the Congress regarding the
administration of the program transferred by this Act. Such report
shall describe--,
(1) the estimated respondent burden, including any changes in
the estimated respondent burden after the transfer of such
program;
(2) the application made by various public and private
organizations of the information published under such program;
and
(3) technical or administration problems encountered in
carrying out such program.
Approved January 12, 1983.
LEGISLATIVE HISTORY-H.R. 7410:
CONGRESSIONAL RECORD, Vol. 128 (1982):
Dec. 17, considered and passed House.
Dec. 23, considered and passed Senate.
PUBLIC LAW 97-453, 96 STAT. 2481
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. AMENDMENT REFERENCE.
Whenever in this Act an amendment or repeal is expressed in terms of
an amendment to, or repeal of, a section or subsection, the reference
shall be considered to be made to a section or subsection of the Act
entitled " An Act to provide for the conservation and management of the
fisheries, and for other purposes", approved April 13, 1976 (90 Stat.
331 et seq., 16 U.S.C. 1801 et seq.).
SEC. 2. FOREIGN FISHING.
(a) Section 201 (16 U.S.C. 1821) is amended as follows:
(1) Subsection (c)(2)(D) is amended to read as follows:
(i)
be permitted to be stationed aboard any such vessel and
that all of the costs incurred incident to such
stationing,
including the costs of data editing and entry and
observer
monitoring, be paid for, in accordance with such
subsection,
by the owner or operator of the vessel;".
(2) Subsection (c)(4) is amended--,
(B);
subparagraph:
actions
of the kind referred to in subsection (e)(1) in order
to receive
favorable allocations under such subsection.".
(3) The first sentence of subsection (d)(4) is amended by
striking out "shall be allocated" in the matter following
subparagraph (B) and inserting in lieu thereof "may be allocated".
(4) Subsection (e)(1) is amended to read as follows:
"(e) Allocation of Allowable Level.--(1)(A) The Secretary of State,
in cooperation with the Secretary, shall determine the allocation among
foreign nations of the total allowable level of foreign fishing which is
permitted with respect to each fishery subject to the exclusive fishery
management authority of the United States.
"(B) From the determinations made under subparagraph (A), the
Secretary of State shall compute the aggregate of all of the fishery
allocations made to each foreign nation.
"(C) The Secretary of State shall initially release to each foreign
nation for harvesting up to 50 percent of the allocations aggregate
computed for such nation under subparagraph (B), and such release of
allocation shall be apportioned by the Secretary of State, in
cooperation with the Secretary, among the individual fishery allocations
determined for that nation under subparagraph (A). The basis on which
each apportionment is made under this subparagraph shall be stated in
writing by the Secretary of State.
"(D) After the initial release of fishery allocations under
subparagraph (C) to a foreign nation, any subsequent release of an
allocation for any fishery to such nation shall only be made--,
"(i) after the lapse of such period of time as may be
sufficient for purposes of making the determination required under
clause (ii); and
"(ii) if the Secretary of State and the Secretary, after taking
into account the size of the allocation for such fishery and the
length and timing of the fishing season, determine in writing that
such nation is complying with the purposes and intent of this
paragraph with respect to such fishery.
If the foreign nation is not determined under clause (ii) to be in such
compliance, the Secretary of State shall reduce, in a manner and
quantity he considers to be appropriate (I) the remainder of such
allocation, or (II) if all of such allocation has been released, the
next allocation of such fishery, if any, made to such nation.
"(E) The determinations required to be made under subparagraphs (A)
and (D)(ii), and apportionments required to be made under subparagraph
(C), with respect to a foreign nation shall be based on--,
"(i) whether, and to what extent, such nation imposes tariff
barriers or nontariff barriers on the importation, or otherwise
restricts the market access, of United States fish or fishery
products;
"(ii) whether, and to what extent, such nation is cooperating
with the United States in the advancement of existing and new
opportunities for fisheries trade, particularly through the
purchase of fish or fishery products from United States processors
or from United States fishermen;
"(iii) whether, and to what extent, such nation and the fishing
fleets of such nation have cooperated with the United States in
the enforcement of United States fishing regulations;
"(iv) whether, and to what extent, such nation requires the
fish harvested from the fishery conservation zone for its domestic
consumption;
"(v) whether, and to what extent, such nation otherwise
contributes to, or fosters the growth of, a sound and economic
United States fishing industry, including minimizing gear
conflicts with fishing operations of United States fishermen, and
transferring harvesting or processing technology which will
benefit the United States fishing industry;
"(vi) whether, and to what extent, the fishing vessels of such
nation have traditionally engaged in fishing in such fishery;
"(vii) whether, and to what extent, such nation is cooperating
with the United States in, and making substantial contributions
to, fishery research and the identification of fishery resources;
and
"(viii) such other matters as the Secretary of State, in
cooperation with the Secretary, deems appropriate.".
(5)(A) Subsection (i) is amended--,
"(3) Observers, while stationed aboard foreign fishing vessels, shall
carry out such scientific, compliance monitoring, and other functions as
the Secretary deems necessary or appropriate to carry out the purposes
of this Act; and shall cooperate in carrying out such other scientific
programs relating to the conservation and management of living resources
as the Secretary deems appropriate."; and
(ii) by adding at the end thereof the following new paragraph:
"(6) If at any time the requirement set forth in paragraph (1) cannot
be met because of insufficient appropriations, the Secretary shall, in
implementing a supplementary observer program:
"(A) certify as observers, for the purposes of this subsection,
individuals who are citizens or nationals of the United States and
who have the requisite education or experience to carry out the
functions referred to in paragraph (3);
"(B) establish standards of conduct for certified observers
equivalent to those applicable to Federal personnel;
"(C) establish a reasonable schedule of fees that certified
observers or their agents shall be paid by the owners and
operators of foreign fishing vessels for observer services; and
"(D) monitor the performance of observers to ensure that it
meets the purposes of this Act.".
(6) Such section is further amended by adding at the end
thereof the following new subsection:
"(j) Recreational Fishing.--Notwithstanding any other provision of
this title, foreign fishing vessels which are not operated for profit
may engage in recreational fishing within the fishery conservation zone
and the waters within the boundaries of a State subject to obtaining
such permits, paying such reasonable fees, and complying with such
conditions and restrictions as the Secretary and the Governor of the
State (or his designee) shall impose as being necessary or appropriate
to insure that the fishing activity of such foreign vessels within such
zone or waters, respectively, is consistent with all applicable Federal
and State laws and any applicable fishery management plan implemented
under section 305. The Secretary shall consult with the Secretary of
State and the Secretary of the Department in which the Coast Guard is
operating in formulating the conditions and restrictions to be applied
by the Secretary under the authority of this subsection.".
(b) The amendments made by subsection (a)(1) and (5)(A)(ii) // 16 USC
1821. // shall take effect January 1, 1984.
SEC. 3. FOREIGN FISHING PERMITS.
Section 204(b) (16 U.S.C. 1824(b)) is amended--,
(1) by inserting "hold" immediately before "capacity" in
paragraph (3)(B);
(2) by striking out "and shall be set forth under the name of
each Council to which it will be transmitted for comment" in that
portion of paragraph (4) which precedes subparagraph (A);
(3) by striking out subparagraphs (B) and (C) of paragraph (4)
and inserting in lieu thereof the following:
(4) by striking out " After receipt of an application
transmitted under paragraph (4)(B), each appropriate Council
shall" in paragraph (5) and inserting in lieu thereof " After
receiving a copy or summary of an application under paragraph
(4)(C), the Council may".
SEC. 4. NATIONAL STANDARDS.
Section 301(b) (16 U.S.C. 1851(b)) is amended to read as follows:
"(b) The Secretary shall establish advisory guidelines (which shall
not have the force and effect of law), based on the national standards,
to assist in the development of fishery management plans.".
SEC. 5. REGIONAL FISHERY MANAGEMENT COUNCIL ORGANIZATION AND
FUNCTIONS.
Section 302 (16 U.S.C. 1852) is amended as follows:
(1) Subsection (a) is amended--,
each
place it appears therein and inserting in lieu thereof
"in
accordance with subsection (b)(2)"; and
"(8) Western pacific council.--The Western Pacific Fishery
Management Council shall consist of the States of Hawaii, American
Samoa, Guam, and the Northern Mariana Islands and shall have
authority over the fisheries in the Pacific Ocean seaward of such
States and of the Commonwealths, territories, and possessions of
the United States in the Pacific Ocean area. The Western Pacific
Council shall have 13 voting members, including 8 appointed by the
Secretary in accordance with subsection (b)(2) (at least one of
whom shall be appointed from each of the following States:
Hawaii, American Samoa, Guam, and the Northern Mariana Islands).".
(2) Subsection (b) is amended--,
"(C) The members required to be appointed by the Secretary in
accordance with subsection (b)(2).";
(3) and (4), respectively;
following
new paragraph:
"(2)(A) The members of each Council required to be appointed by the
Secretary must be individuals who are knowledgeable or experienced with
regard to the management, conservation, or recreational or commercial
harvest of the fishery resources of the geographical area concerned.
"(B) The Secretary shall appoint the members of each Council from a
list of individuals submitted by the Governor of each applicable
constituent State. Each such list shall include the names and pertinent
biographical data of not less than three individuals for each applicable
vacancy. The Secretary shall review each list submitted by a Governor
to ascertain if the individuals on the list are qualified for the
vacancy on the basis of the required knowledge or experience required by
subparagraph (A). If the Secretary determines that any individual is
not qualified, he shall notify the appropriate Governor of that
determination. The Governor shall then submit a revised list or
resubmit the original list with an additional explanation of the
qualifications of the individual in question.
"(C) Whenever the Secretary makes an appointment to a Council, he
shall make a public announcement of such appointment not less than 45
days before the first day on which the individual is to take office as a
member of the Council.";
(D) by striking out "pursuant to paragraph (1)(C)" in
subsection (b)(3) (as redesignated by subparagraph (B)) and
inserting in lieu thereof "by the Secretary in accordance with
subsection (b)(2)"; and
(E) by adding at the end thereof the following new paragraph:
"(5) The Secretary may remove for cause any member of a Council
required to be appointed by the Secretary in accordance with subsection
(b)(2) if the Council concerned first recommends removal by not less
than two-thirds of the members who are voting members. A removal
recommendation of a Council must be in writing and accompanied by a
statement of the reasons upon which the recommendation is based.".
(3) Subsection (f)(6) is amended by inserting after the first
sentence thereof the following new sentence: " The procedures of
a Council, and of its scientific and statistical committee and
advisory panels established under subsection (g), must be
consistent with the procedural guidelines set forth in subsection
(i)(2).".
(4) Subsection (h) is amended as follows:
"authority".
thereof "204(b)(4)(C)".
"(and
for purposes of this paragraph, the term 'geographical
area
concerned' may include an area under the authority of
another Council if the fish in the fishery concerned
migrate
into, or occur in, that area or if the matters being
heard
affect fishermen of that area; but not unless such
other
Council is first consulted regarding the conduct of
such
hearings within its area)".
"(4) submit to the Secretary such periodic reports as the
Council deems appropriate, and any other relevant report which may
be requested by the Secretary;".
(5) Such section is further amended by adding at the end
thereof the following new subsection:
"(i) Procedural Matters.--(1) The Federal Advisory Committee Act (5
U.S.C. App. 1) // 5 USC app. // shall not apply to the Councils or to
the scientific and statistical committees or advisory panels of the
Councils.
"(2) The following guidelines apply with respect to the conduct of
business at meetings of a Council, and of the scientific and statistical
committee and advisory panels of a Council:
(A) Unless closed in accordance with paragraph (3), each
regular meeting and each emergency meeting shall be open to the
public.
"(B) Emergency meetings shall be held at the call of the
chairman or equivalent presiding officer.
"(C) Timely public notice of each regular meeting and each
emergency meeting, including the time, place, and agenda of the
meeting, shall be published in local newspapers in the major
fishing ports of the Council's region (and in other major fishing
ports having a direct interest in the affected fishery) and such
notice may be given by such other means as will result in wide
publicity. Timely notice of each regular meeting shall also be
published in the Federal Register.
"(D) Interested persons shall be permitted to present oral or
written statements regarding the matters on the agenda at
meetings.
"(E) Minutes of each meeting shall be kept and shall contain a
record of the persons present, an accurate description of matters
discussed and conclusions reached, and copies of all statements
filed.
"(F) Subject to the procedures established by the Council under
paragraph (4), and the guidelines prescribed by the Secretary
under section 303(d),
// 16 USC 1853. //
relating to confidentiality, the administrative record, including
minutes required under subparagraph (E), of each meeting, and
records or other documents which were made available to or
prepared for or by the Council, committee, or panel incident to
the meeting, shall be available for public inspection and copying
at a single location in the offices of the Council.
"(3)(A) Each Council, scientific and statistical committee, and
advisory panel--,
"(i) shall close any meeting, or portion thereof, that concerns
matters or information that bears a national security
classification; and
"(ii) may close any meeting, or portion thereof, that concerns
matters or information that pertains to national security,
employment matters, or briefings on litigation in which the
Council is interested;
and if any meeting or portion is closed, the Council, committee, or
panel concerned shall publish notice of the closure in local newspapers
in the major fishing ports within its region (and in other major,
affected fishing ports), including the time and place of the meeting.
Subparagraphs (D) and (F) shall not apply to any meeting or portion
thereof that is so closed.
"(4) Each Council shall establish appropriate procedures applicable
to it and to its committee and advisory panels for ensuring the
confidentiality of the statistics that may be submitted to it by Federal
or State authorities, and may be voluntarily submitted to it by private
persons; including, but not limited to, procedures for the restriction
of council employee access and the prevention of conflicts of interest;
except that such procedures must, in the case of statistics submitted to
the Council by a State, be consistent with the laws and regulations of
that State concerning the confidentiality of such statistics.".
SEC. 6. CONTENTS OF PLANS.
Section 303 (16 U.S.C. 1853) is amended as follows:
(1) Subsection (b) is amended--,
following
new paragraph:
"(7) assess and specify the effect which the conservation and
management measures of the plan will have on the stocks of
naturally spawning anadromous fish in the region; and".
(2) Subsection (c) is amended to read as follows:
"(c) Proposed Regulations.--The proposed regulations which the
Council deems necessary or appropriate for purposes of carrying out a
plan or amendment to a plan shall be submitted to the Secretary
simultaneously with the plan or amendment for action by the Secretary
under sections 304 and 305."; and
(3) Such section is amended by adding at the end thereof the
following new subsection:
"(e) Data Collection Programs.--If a Council determines that
additional information and data (other than information and data that
would disclose proprietary or confidential commercial or financial
information regarding fishing operations or fish processing operations)
would be beneficial for the purposes of--,
"(1) determining whether a fishery management plan is needed
for a fishery; or
"(2) preparing a fishery management plan;
the Council may request that the Secretary implement a data collection
program for the fishery which would provide the types of information and
data (other than information and data that would disclose proprietary or
confidential commercial or financial information regarding fishing
operations or fish processing operations) specified by the Council. The
Secretary shall approve such a data collection program if he determines
that the need is justified, and shall promulgate regulations to
implement the program within 60 days after such determination is made.
If the Secretary determines that the need for a data collection program
is not justified, he shall inform the Council of the reasons for such
determination in writing. The determinations of the Secretary under this
subsection regarding a Council request shall be made within a reasonable
period of time after he receives that request.".
SEC. 7. ACTION BY SECRETARY.
(a) Section 304 (16 U.S.C. 1854) is amended as follows:
(1) Subsections (a) and (b) are amended to read as follows:
"(a) Action by the Secretary After Receipt of Plan.--(1) After the
Secretary receives a fishery management plan, or amendment to a plan,
which was prepared by a Council (the date of receipt of which is
hereafter in this section referred to as the 'receipt date'), the
Secretary shall--,
"(A) immediately commence a review of the management plan or
amendment to determine whether it is consistent with the national
standards, the other provisions of this Act, and any other
applicable law;
"(B) immediately publish in the Federal Register a notice
stating that the plan or amendment is available and that written
data, views, or comments of interested persons on the plan or
amendment may be submitted to the Secretary during the 75-day
period beginning on the receipt date; and
"(C) by the 30th day after the receipt date--,
submitted
for the plan or amendment under section 303(c) as
may be necessary for the implementation of the plan, and
Register
together with an explanation of those changes which
are substantive.
"(2) In undertaking the review required under paragraph (1)(A), the
Secretary shall--,
"(A) take into account the data, views, and comments received
from interested persons;
"(B) consult with the Secretary of State with respect to
foreign fishing; and
"(C) consult with the Secretary of the department in which the
Coast Guard is operating with respect to enforcement at sea.
"(b)(1) A plan or amendment shall take effect and be implemented in
accordance with section 305(c) if--,
"(A) the Secretary does not notify the Council in writing of
his disapproval, or partial disapproval, under paragraph (2), of
the plan or amendment before the close of the 95th day after the
receipt date; or
"(B) at any time subsequent to the 75th day after the receipt
date and before such 95th day, the Secretary notifies the Council
in writing that he does not intend to disapprove, or partially
disapprove, the plan or amendment.
"(2) If after review under subsection (a) the Secretary determines
that the plan or amendment is not consistent with the criteria set forth
in paragraph (1)(A) of that subsection, the Secretary shall notify the
Council in writing of his disapproval or partial disapproval of the plan
or amendment. Such notice shall specify--,
"(A) the applicable law with which the plan or amendment is
inconsistent;
"(B) the nature of such inconsistency; and
"(C) recommendations concerning the actions that could be taken
by the Council to conform such plan or amendment to the
requirements of applicable law.
"(3)(A) If the Secretary disapproves, or partially disapproves, a
proposed plan or amendment under paragraph (2), the Council may submit a
revised plan or amendment, accompanied by appropriately revised proposed
regulations, to the Secretary.
"(B) After the Secretary receives a revised plan or amendment under
subparagraph (A) or (C)(ii), the Secretary shall immediately--,
"(i) commence a review of the plan or amendment to determine
whether it complies with the criteria set forth in subsection
(a)(1)(A);
"(ii) publish in the Federal Register a notice stating that the
revised plan or amendment is available and that written data,
views, or comments of interested persons on the plan or amendment
may be submitted to the Secretary during the 30-day period
beginning on the date (hereinafter in this paragraph referred to
as the 'revised receipt date') the plan or amendment was submitted
to the Secretary under subparagraph (A) or (C)(ii); and
"(iii) review the revised proposed regulations, if any,
submitted by the Council and make such changes to them as may be
necessary for the implementation of the plan, and thereafter
publish such revised proposed regulations (as so changed) in the
Federal Register together with an explanation of each of such
changes that is substantive.
"(C)(i) Before the close of the 60th day after the revised receipt
date, the Secretary, after taking into account any data, views, or
comments received under subparagraph (B)(ii), shall complete the review
required under subparagraph (B)(i) and determine whether the plan or
amendment complies with the criteria set forth in subsection (a)(1)(A).
If the Secretary determines that a plan or amendment is not in
compliance with such criteria, he shall immediately notify the Council
of his disapproval of the plan or amendment.
"(ii) After notifying a Council of disapproval under clause (i), the
Secretary shall promptly provide to the Council a written statement of
the reasons on which the disapproval was based and advise the Council
that it may submit a further revised plan or amendment, together with
appropriately revised proposed regulations, for review and determination
under this paragraph.
"(D) A revised plan or amendment shall take effect and be implemented
in accordance with section 305(c) if the Secretary does not notify the
Council, in writing, by the close of the 60th day after the revised
receipt date of his disapproval of the plan or amendment.".
(2) Subsection (c)(1) is amended--,
"(B) the Secretary disapproves or partially disapproves any
such plan or amendment, or disapproves a revised plan or
amendment, and the Council involved fails to submit a revised or
further revised plan or amendment, as the case may be.", and
" The Secretary shall also prepare such proposed regulations as he deems
necessary or appropriate to carry out each plan or amendment prepared by
him under this paragraph."; and
(B) by amending paragraph (2) to read as follows:
"(2)(A) Whenever, under paragraph (1), the Secretary prepares a
fishery management plan or amendment, the Secretary shall immediately--,
"(i) submit such plan or amendment, and proposed regulations to
implement such plan or amendment, to the appropriate Council for
consideration and comment;
"(ii) publish in the Federal Register a notice stating that the
plan or amendment is available and that written data, views, or
comments of interested persons on the plan or amendment may be
submitted to the Secretary during the 75-day period beginning on
the date the plan or amendment was submitted under clause (i);
and
"(iii) by the 30th day after the date of submission under
clause (i), submit for publication in the Federal Register the
proposed regulations to implement the plan or amendment.
"(B) The appropriate council must submit its comments and
recommendations, if any, regarding the plan or amendment to the
Secretary before the close of the 75-day period referred to in
subparagraph (A)(ii). After the close of such 75-day period, the
Secretary, after taking into account any such comments and
recommendations, as well as any views, data, or comments submitted under
subparagraph (A)(ii), may implement such plan or amendment under section
305(c).".
(3) Subsection (d) is amended by striking out the last sentence
and inserting in lieu thereof the following: " The Secretary may
enter into a cooperative agreement with the States concerned under
which the States administer the permit system and the agreement
may provide that all or part of the fees collected under the
system shall accrue to the States. The level of fees charged
under this subsection shall not exceed the administrative costs
incurred in issuing the permits.".
(b) The amendments made by subsection (a) // 16 USC 1854 // shall
only apply with respect to fishery management plans and amendments
thereto that are initially submitted to the Secretary of Commerce on or
after the date of the enactment of this Act for action under section
304.
SEC. 8. IMPLEMENTATION OF PLANS.
Section 305 (16 U.S.C. 1855) is amended as follows:
(1) Subsections (a) and (b) are repealed.
(2) Subsection (c) is amended to read as follows:
"(c) Implementation.--The Secretary shall promulgate each regulation
that is necessary to carry out a plan or amendment--,
"(1) within 110 days after the plan or amendment was received
by him for action under section 304(a), if such plan or amendment
takes effect under section 304(b)(1);
"(2) within 75 days after a revised plan or amendment was
received by him under section 304(b), if such plan or amendment
takes effect under paragraph (3)(D) of such section; or
"(3) within such time as he deems appropriate in the case of a
plan or amendment prepared by him under section 304(c).".
(3) Subsection (e) is amended to read as follows:
"(e) Emergency Actions.--(1) If the Secretary finds that an emergency
exists involving any fishery, he may promulgate emergency regulations
necessary to address the emergency, without regard to whether a fishery
management plan exists for such fishery.
"(2) If a Council finds that an emergency exists involving any
fishery within its jurisdiction, whether or not a fishery management
plan exists for such fishery--,
"(A) the Secretary shall promulgate emergency regulations under
paragraph (1) to address the emergency if the Council, by
unanimous vote of the members who are voting members, requests the
taking of such action; and
"(B) the Secretary may promulgate emergency regulations under
paragraph (1) to address the emergency if the Council, by less
than a unanimous vote, requests the taking of such action.
"(3) Any emergency regulation which changes any existing fishery
management plan or amendment shall be treated as an amendment to such
plan for the period in which such regulation is in effect. Any emergency
regulation promulgated under this subsection--,
"(A) shall be published in the Federal Register together with
the reasons therefor;
"(B) shall remain in effect for not more than 90 days after the
date of such publication, except that any such regulation may, by
agreement of the Secretary and the Council, be promulgated for one
additional period of not more than 90 days; and
"(C) may be terminated by the Secretary at an earlier date by
publication in the Federal Register of a notice of termination,
except for emergency regulations promulgated under paragraph (2)
in which case such early termination may be made only upon the
agreement of the Secretary and the Council concerned.".
(4) Subsection (f) is repealed.
(5) Such section is further amended by adding at the end
thereof the following new subsection:
"(h) Effect of Certain Laws on Certain Time Requirements.--, The
Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.), // 44 USC 101
// the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), and Executive
Order Numbered 12291, dated February 17, 1981, // 3 CFR, 1981. // shall
be complied with within the time limitations specified in subsection (c)
or section 304(a) and (b) as they apply to the functions of the
Secretary under such provisions.".
SEC. 9. STATE JURISDICTION.
Section 306(a) (16 U.S.C. 1856(a)) is amended by inserting
immediately after the first sentence thereof the following new sentence:
" For purposes of this Act, except as provided in subsection (b), the
jurisdiction and authority of a State shall extend (1) to any pocket of
waters that is adjacent to the State and totally enclosed by lines
delimiting the territorial sea of the United States pursuant to the
Geneva Convention on the Territorial Sea and Contiguous Zone or any
successor convention to which the United States is a party and (2) with
respect to the body of water commonly known as Nantucket Sound, to the
pocket of water west of the seventieth meridian west of Greenwich.".
SEC. 10. SUBPENA POWER.
Section 308 (16 U.S.C. 1858) is amended by adding at the end thereof
the following new subsection:
"(e) Subpenas.--For the purposes of conducting any hearing under this
section, the Secretary may issue subpenas for the attendance and
testimony of witnesses and the production of relevant papers, books, and
documents, and may administer oaths. Witnesses summoned shall be paid
the same fees and mileage that are paid to witnesses in the courts of
the United States. In case of contempt or refusal to obey a subpena
served upon any person pursuant to this subsection, the district court
of the United States for any district in which such person is found,
resides, or transacts business, upon application by the United States
and after notice to such person, shall have jurisdiction to issue an
order requiring such person to appear and give testimony before the
Secretary or to appear and produce documents before the Secretary, or
both, and any failure to obey such order of the court may be punished by
such court as a contempt thereof.".
SEC. 11. OFFENSES.
(a) Section 309(b) (16 U.S.C. 1859(b)) is amended by striking out ",
or imprisonment for not more than 1 year, or both".
(b) The amendment made by subsection (a) // 16 USC 1859 // applies
with respect to offenses committed under section 309 on or after the
date of the enactment of this Act.
SEC. 12. CIVIL FORFEITURES.
Section 310(a) (16 U.S.C. 1860(a)) is amended by inserting "(or the
fair market value thereof)" immediately after "fish" each place it
appears.
SEC. 13. POWERS OF AUTHORIZED OFFICERS.
Section 311(b) (16 U.S.C. 1861(b)) is amended--,
(1) by inserting "(1)" immediately before " Any officer";
(2) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), respectively;
(3) by redesignating subparagraphs (A), (B), (C), (D), and (E)
as clauses (i), (ii), (iii), (iv), and (v), respectively; and
(4) by adding at the end thereof the following new paragraph:
"(2) Subject to the direction of the Secretary, a person charged with
law enforcement responsibilities by the Secretary who is performing a
duty related to enforcement of a law regarding fisheries or other marine
resources may make an arrest without a warrant for an offense against
the United States committed in his presence, or for a felony cognizable
under the laws of the United States, if he has reasonable grounds to
believe that the person to be arrested has committed or is committing a
felony. The arrest authority described in the preceding sentence may be
conferred upon an officer or employee of a State agency, subject to such
conditions and restrictions as are set forth by agreement between the
State agency, the Secretary, and, with respect to enforcement operations
within the fishery conservation zone, the Secretary of the department in
which the Coast Guard is operating.".
SEC. 14. AUTHORIZATION OF APPROPRIATIONS.
(a) Section 406 (16 U.S.C. 1882) is amended by adding at the end
thereof the following new paragraphs:
"(9) $59,000,000 for the fiscal year ending September 30, 1983.
"(10) $64,000,000 for the fiscal year ending September 30,
1984.
"(11) $69,000,000 for the fiscal year ending September 30,
1985.
(b)(1) Subsection (c) of the first section of the Anadromous Fish
Conservation Act (16 U.S.C. 757a(c)) is amended--,
(A) by inserting "(1)" immediately before " Whenever"; and
(B) by adding at the end thereof the following new paragraph:
"(2) In the case of any State that has implemented an interstate
fisheries management plan for anadromous fishery resources, the Federal
share of any grant made under this section to carry out activities
required by such plan shall be 90 percent.".
(2) Section 4(a) of the Anadromous Fish Conservation Act (16 U.S.C.
757d(a)) is amended by adding after paragraph (3) the following new
paragraph:
"(4) $7,500,000 for each of fiscal years 1983, 1984, and
1985.".
(3) The first sentence of section 7(d) of the Anadromous Fish
Conservation Act (16 U.S.C. 757g(d)) is amended by striking out "and"
after "1981,", and by inserting immediately before the period the
following: ", and not to exceed $1,000,000 for each of the fiscal years
ending September 30, 1983, and September 30, 1984".
SEC. 15. TECHNICAL AMENDMENTS.
(a) Section 3(27) (16 U.S.C. 1802(27)) is amended to read as follows:
"(27) The term 'vessel of the United States' means--,
// 46 USC 1451 //
and measuring
less than 5 net tons; or
exclusively for
pleasure.".
(b) Section 307(2) (16 U.S.C. 1857(2)) is amended--,
(A) by amending subparagraph (A) to read as follows:
"(A) in fishing within the boundaries of any State, except
recreational fishing permitted under section 201(j);"; and
(B) by striking out "in fishing" in subparagraph (B) and
inserting in lieu thereof "in fishing, except recreational fishing
permitted under section 201(j),".
(c) The last sentence of section 311(a) (16 U.S.C. 1861(a)) is
repealed.
(d) Section 8 of the Central, Western, and South Pacific Fisheries
Development Act (16 U.S.C. 758e-5) is amended by striking out "and 1982"
and inserting in lieu thereof "1982, 1983, 1984, and 1985".
Approved January 12, 1983.
LEGISLATIVE HISTORY--H.R. 5002 (S. 2450):
HOUSE REPORTS: No. 97 - 549 (Comm. on Merchant Marine and Fisheries)
and Nos. 97 - 981 and 97 - 982 (Comm. of Conference).
SENATE REPORT No. 97 - 519 accompanying S. 2450 (Comm. on Commerce,
Science and Transportation).
CONGRESSIONAL RECORD, Vol. 128 (1982):
Dec. 16, considered and passed House.
Dec. 17, considered and passed Senate, amended.
Dec. 20, House considered and rejected conference report 97 -
981 and agreed to conference report 97 - 982.
Dec. 21, Senate agreed to conference report 97 - 982.
PUBLIC LAW 97-452, 96 STAT. 2467
to money and finance and
to improve the United States Code.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1. Title 31, United States Code, is amended as follows:
(1)(A) Chapter 5 is amended by inserting the following after
section 503:
Section 504. // 31 USC 504. // Office of Federal Procurement Policy
" The Office of Federal Procurement Policy, established under section
5(a) of the Office of Federal Procurement Policy Act (41 U.S.C.
404(a)), is an office in the Office of Management and Budget.".
(B) The analysis of chapter 5 is amended by inserting the
following immediately below item 503:
"504. Office of Federal Procurement Policy.".
(2) Section 1105(a) is amended by adding at the end the
following:
"(25) a separate statement, for each agency having an Office of
Inspector General, of the amount of the appropriation requested
for the Office.".
(3) Section 1113(a) is amended by--,
"(2) When requested by a committee of Congress, additional
information related to the amount of an appropriation originally
requested by an Office of Inspector General shall be submitted to the
committee.".
(4) Section 1305(6) is amended to read as follows:
"(6) to pay the interest on the fund derived from the bequest
of James Smithson, for the construction of buildings and expenses
of the Smithsonian Institution, at the rates determined under
section 5590 of the Revised Statutes (20 U.S.C. 54).".
(5) Section 3102(a) is amended by striking out
"$70,000,000,000" and substituting "110,000,000,000".
(6) Section 3105(b) is amended to read as follows:
"(b)(1) With the approval of the President and except as provided in
paragraph (2) of this subsection, the Secretary may--,
"(A) fix the investment yield for savings bonds; and
"(B) change the investment yield on an outstanding savings
bond, except that the yield on a bond for the period held may not
be decreased below the minimum yield for the period guaranteed on
the date of issue.
"(2) The investment yield on a series E savings bond shall be at
least 4 percent a year compounded semiannually beginning on the first
day of the month beginning after the date of issue of the bond and
ending on the last day of the month before the date of redemption.
"(3) With the approval of the President, the Secretary may prescribe
regulations providing that--,
"(A) owners of series E and H savings bonds may keep the bonds
after maturity or after a period beyond maturity during which the
bonds have earned interest and continue to earn interest at rates
consistent with paragraph (1) of this subsection; and
"(B) series E and H savings bonds earning a different rate of
interest before the regulations are prescribed shall earn a rate
of interest consistent with paragraph (1).".
(7) Section 3105(c)(5) is amended by striking out "(expressed
in terms of the maturity value)".
(8) Section 3106(b) is amended by striking out the first
sentence.
(9) Section 3121 is amended by adding at the end the following:
"(g)(1) In this subsection, 'registration-required obligation' means
an obligation except an obligation--,
"(A) not of a type offered to the public;
"(B) having a maturity (at issue) of not more than one year;
or
"(C) described in paragraph (2) of this subsection.
"(2) An obligation is not a registration-required obligation if--,
"(A) there are arrangements reasonably designed to ensure that
the obligation will be sold (or resold in connection with the
original issue) only to a person that is not a United States
person; and
"(B) for an obligation not in registered form--,
subject to
limitations under the United States income tax laws.
"(3) Every registration-required obligation of the Government shall
be in registered form. A book entry obligation is deemed to be in
registered form if the right to principal and stated interest on the
obligation may be transferred only through a book entry consistent with
regulations of the Secretary.
"(4) The Secretary shall prescribe regulations necessary to carry out
this subsection when there is a nominee.".
(10) Section 3302(b) is amended by striking out " An" and
substituting " Except as provided in section 3718(b) of this
title, an".
(11) Section 3331 is amended by adding at the end the
following:
"(f) Under conditions the Secretary may prescribe, the Secretary may
delegate duties and powers of the Secretary under this section to the
head of an agency. Consistent with a delegation from the Secretary
under this subsection, the head of an agency may delegate those duties
and powers to an officer or employee of the agency.".
(12) Section 3512 is amended by redesignating subsections
(b)--, (d) as subsections (d)-(f), respectively, and by inserting
the following immediately below subsection (a):
"(b)(1) To ensure compliance with subsection (a)(3) of this section
and consistent with standards the Comptroller General prescribes, the
head of each executive agency shall establish internal accounting and
administrative controls that reasonably ensure that--,
"(A) obligations and costs comply with applicable law;
"(B) all assets are safeguarded against waste, loss,
unauthorized use, and misappropriation; and
"(C) revenues and expenditures applicable to agency operations
are recorded and accounted for properly so that accounts and
reliable financial and statistical reports may be prepared and
accountability of the assets may be maintained.
"(2) Standards the Comptroller General prescribes under this
subsection shall include standards to ensure the prompt resolution of
all audit findings.
"(c)(1) In consultation with the Comptroller General, the Director of
the Office of Management and Budget--,
"(A) shall establish by December 31, 1982, guidelines that the
head of each executive agency shall follow in evaluating the
internal accounting and administrative control systems of the
agency to decide whether the systems comply with subsection (b) of
this section; and
"(B) may change a guideline when considered necessary.
"(2) By December 31 of each year (beginning in 1983), the head of
each executive agency, based on an evaluation conducted according to
guidelines prescribed under paragraph (1) of this subsection, shall
prepare a statement on whether the systems of the agency comply with
subsection (b) of this section, including--,
"(A) if the head of an executive agency decides the systems do
not comply with subsection (b) of this section, a report
identifying any material weakness in the systems and describing
the plans and schedule for correcting the weakness; and
"(B) a separate report on whether the accounting system of the
agency conforms to the principles, standards, and requirements the
Comptroller General prescribes under section 3511(a) of this
title.
"(3) The head of each executive agency shall sign the statement and
reports required by this subsection and submit them to the President and
Congress. The statement and reports are available to the public, except
that information shall be deleted from a statement or report before it
is made available if the information specifically is--,
"(A) prohibited from disclosure by law; or
"(B) required by Executive order to be kept secret in the
interest of national defense or the conduct of foreign affairs.".
(13)(A) Section 3701 is amended to read as follows:
" Section 3701. // 31 USC 3701. // Definitions and application
"(a) In this chapter--,
"(1) 'administrative offset' means withholding money payable by
the United States Government to, or held by the Government for, a
person to satisfy a debt the person owes the Government.
"(2) 'calendar quarter' means a 3-month period beginning on
January 1, April 1, July 1, or October 1.
"(3) 'consumer reporting agency' means--,
(15 U.S.C.
1681a(f)); or
"(4) 'executive or legislative agency' means a department,
agency, or instrumentality in the executive or legislative branch
of the Government.
"(5) 'military department' means the Departments of the Army,
Navy, and Air Force.
"(6) 'system of records' has the same meaning given that term
in section 552a(a)(5) of title 5.
"(7) 'uniformed services' means the Army, Navy, Air Force,
Marine Corps, Coast Guard, Commissioned Corps of the National
Oceanic and Atmospheric Administration, and Commissioned Corps of
the Public Health Service.
"(b) In subchapter II of this chapter, 'claim' includes amounts owing
on account of loans insured or guaranteed by the Government and other
amounts due the Government.
"(c) In sections 3716 and 3717 of this title, 'person' does not
include an agency of the United States Government, of a State
government, or of a unit of general local government.
"(d) Sections 3711(f) and 3716 - 3719 of this title do not apply to a
claim or debt under, or to an amount payable under, the Internal Revenue
Code of 1954 (26 U.S.C. 1 et seq.), the Social Security Act (42 U.S.C.
301 et seq.), or the tariff laws of the United States.".
(B) Item 3701 in the analysis of chapter 37 is amended to read
as follows:
"3701. Definitions and application.".
(14) Section 3702(b)(2) is amended by inserting "this" before
"subsection".
(15) Section 3711 is amended by adding at the end the
following:
"(f)(1) When trying to collect a claim of the Government under a law
except the Internal Revenue Code of 1954 (26 U.S.C. 1 et seq.), the head
of an executive or legislative agency may disclose to a consumer
reporting agency information from a system of records that an individual
is responsible for a claim if--,
"(A) notice required by section 552a(e)(4) of title 5 indicates
that information in the system may be disclosed to a consumer
reporting agency;
"(B) the head of the agency has reviewed the claim and decided
that the claim is valid and overdue;
"(C) the head of the agency has notified the individual in
writing--,
responsible
for the claim;
explanation
of the claim, to dispute information in the records of
the agency about the claim, and to administrative
repeal or
review of the claim;
"(D) the individual has not--,
head
of the agency has agreed to; or
"(E) the head of the agency has established procedures to--,
verification
of information disclosed; and
laws
of the United States related to providing consumer
credit
information and
"(F) the information disclosed to the consumer reporting agency
is limited to--,
identification
number;
"(2) Before disclosing information to a consumer reporting agency
under paragraph (1) of this subsection and at other times allowed by
law, the head of an executive or legislative agency shall provide, on
request of an individual alleged by the agency to be responsible for the
claim, for a review of the obligation of the individual, including an
opportunity for reconsideration of the initial decision on the claim.
"(3) Before disclosing information to a consumer reporting agency
under paragraph (1) of this subsection, the head of an executive or
legislative agency shall take reasonable action to locate an individual
for whom the head of the agency does not have a current address to send
the notice under paragraph (1)(C).".
(16)(A) Subchapter II of chapter 37 is amended by adding at the
end the following:
" Section 3716. // 31 USC 3716. // Administrative offset
"(a) After trying to collect a claim from a person under section
3711(a) of this title, the head of an executive or legislative agency
may collect the claim by administrative offset. The head of the agency
may collect by administrative offset only after giving the debtor--,
"(1) written notice of the type and amount of the claim, the
intention of the head of the agency to collect the claim by
administrative offset, and an explanation of the rights of the
debtor under this section;
"(2) an opportunity to inspect and copy the records of the
agency related to the claim;
"(3) an opportunity for a review within the agency of the
decision of the agency related to the claim; and
"(4) an opportunity to make a written agreement with the head
of the agency to repay the amount of the claim.
"(b) Before collecting a claim by administrative offset under
subsection (a) of this section, the head of an executive or legislative
agency must prescribe regulations on collecting by administrative offset
based on--,
"(1) the best interests of the United States Government;
"(2) the likelihood of collecting a claim by administrative
offset; and
"(3) for collecting a claim by administrative offset after the
6--, year period for bringing a civil action on a claim under
section 2415 of title 28 has expired, the cost effectiveness of
leaving a claim unresolved for more than 6 years.
"(c) This section does not apply--,
"(1) to a claim under this subchapter that has been outstanding
for more than 10 years; or
"(2) when a statute explicitly provides for or prohibits using
administrative offset to collect the claim or type of claim
involved.
" Section 3717. // 31 USC 3717. // Interest and penalty on claims
"(a)(1) The head of an executive or legislative agency shall charge a
minimum annual rate of interest on an outstanding debt on a United
States Government claim owed by a person that is equal to the average
investment rate for the Treasury tax and loan accounts for the 12-month
period ending on September 30 of each year, rounded to the nearest whole
percentage point. The Secretary of the Treasury shall publish the rate
before November 1 of that year. The rate is effective on the first day
of the next calendar quarter.
"(2) The Secretary may change the rate of interest for a calendar
quarter if the average investment rate for the 12-month period ending at
the close of the prior calendar quarter, rounded to the nearest whole
percentage point, is more or less than the existing published rate by 2
percentage points.
"(b) Interest under subsection (a) of this section accrues from the
date--,
"(1) on which notice is mailed after October 25, 1982, if
notice was first mailed before October 25, 1982; or
"(2) notice of the amount due is first mailed to the debtor at
the most current address of the debtor available to the head of
the executive or legislative agency, if notice is first mailed
after October 24, 1982.
"(c) The rate of interest charged under subsection (a) of this
section--,
"(1) is the rate in effect on the date from which interest
begins to accrue under subsection (b) of this section; and
"(2) remains fixed at that rate for the duration of the
indebtedness.
"(d) Interest under subsection (a) of this section may not be charged
if the amount due on the claim is paid within 30 days after the date
from which interest accrues under subsection (b) of this section. The
head of an executive or legislative agency may extend the 30-day period.
"(e) The head of an executive or legislative agency shall assess on a
claim owed by a person--,
"(1) a charge to cover the cost of processing and handling a
delinquent claim; and
"(2) a penalty charge of not more than 6 percent a year for
failure to pay a part of a debt more than 90 days past due.
"(f) Interest under subsection (a) of this section does not accrue on
a charge assessed under subsection (e) of this section.
"(g) This section does not apply--,
"(1) if a statute, regulation required by statute, loan
agreement, or contract prohibits charging interest or assessing
charges or explicitly fixes the interest or charges; and
"(2) to a claim under a contract executed before October 25,
1982, that is in effect on October 25, 1982.
"(h) In conformity with standards prescribed jointly by the Attorney
General and the Comptroller General, the head of an executive or
legislative agency may prescribe regulations identifying circumstances
appropriate to waiving collection of interest and charges under
subsections (a) and (e) of this section. A waiver under the regulations
is deemed to be compliance with this section.
" Section 3718. // 31 USC 3718. // Contracts for collection services
"(a) Under conditions the head of an executive or legislative agency
considers appropriate, the head of the agency may make a contract with a
person for collection services to recover indebtedness owed the United
States Government. The contract shall provide that--,
"(1) the head of the agency retains the authority to resolve a
dispute, compromise a claim, end collection action, and refer a
matter to the Attorney General to bring a civil action; and
"(2) the person is subject to--,
Government
and State governments related to debt collection
practices.
"(b) Notwithstanding section 3302(b) of this title, a contract under
subsection (a) of this section may provide that a fee a person charges
to recover indebtedness owed the United States Government is payable
from the amount recovered.
"(c) A contract under subsection (a) of this section is effective
only to the extent and in the amount provided in an appropriation law.
"(d) This section does not apply to the collection of debts under the
Internal Revenue Code of 1954 (26 U.S.C. 1 et seq.).
" Section 3719. // 31 USC 3719. // Reports on debt collection
activities
"(a) In consultation with the Secretary of the Treasury and the
Comptroller General, the Director of the Office of Management and Budget
shall prescribe regulations requiring the head of each agency with
outstanding debts to prepare and submit to the Director and the
Secretary at least once each year a report summarizing the status of
loans and accounts receivable managed by the head of the agency. The
report shall contain--,
"(1) information on--,
uncollectible
and the total amount allowed for uncollectible loans and
accounts receivable;
"(2) the information described in clause (1) of this subsection
for each program or activity the head of the agency carries out;
and
"(3) other information the Director considers necessary to
decide whether the head of the agency is acting aggressively to
collect the claims of the agency.
"(b) The Director shall analyze the reports submitted under
subsection (a) of this section and shall report annually to Congress on
the management of debt collection activities by the head of each agency,
including the information provided the Director under subsection (a).".
(B) The analysis of subchapter II of chapter 37 is amended by
adding at the end the following:
"3716. Administrative offset.
"3717. Interest and penalty on claims.
"3718. Contracts for collection services.
"3719. Reports on debt collection activities.".
(17) Section 3721(b) is amended by striking out "$15,000" and
substituting "$25,000".
(18)(A) Subtitle III is amended by adding at the end the
following:
" Sec.
"3901. Definitions and application.
"3902. Interest penalties.
"3903. Regulations.
"3904. Limitations on discount payments.
"3905. Reports.
"3906. Relationship to other laws.
" Section 3901. // 31 USC 3901. // Definitions and application
"(a) In this chapter--,
"(1) 'agency' has the same meaning given that term in section
551(1) of title 5 and includes an entity being operated, and the
head of the agency identifies the entity as being operated, only
as an instrumentality of the agency to carry out a program of the
agency.
"(2) 'business concern' means--,
"(3) 'proper invoice' is an invoice containing or accompanied
by substantiating documentation the Director of the Office of
Management and Budget may require by regulation and the head of
the appropriate agency may require by regulation or contract.
"(4) the head of an agency is deemed to receive an invoice on
the later of the dates that--,
property
or service.
"(5) a payment is deemed to be made on the date a check for the
payment is dated.
"(6) a contract to rent property is deemed to be a contract to
acquire the property.
"(b) This chapter applies to the Tennessee Valley Authority.
However, regulations prescribed under this chapter do not apply to the
Authority, and the Authority alone is responsible for carrying out this
chapter as it applies to contracts of the Authority.
" Section 3902. // 31 USC 3902. // Interest penalties
"(a) Under regulations prescribed under section 3903 of this title,
the head of an agency acquiring property or service from a business
concern, who does not pay the concern for each complete delivered item
of property or service by the required payment date, shall pay an
interest penalty to the concern on the amount of the payment due. The
interest shall be computed at the rate the Secretary of the Treasury
establishes for interest payments under section 12 of the Contract
Disputes Act of 1978 (41 U.S.C. 611). The Secretary shall publish each
rate in the Federal Register.
"(b) Except as provided in section 3906 of this title, the interest
penalty shall be paid for the period beginning on the day after the
required payment date and ending on the date on which payment is made.
However, a penalty may not be paid if payment for the item is made--,
"(1) when the item is meat or meat food product described in
section 3903(2)(A) of this title, before the 4th day after the
required payment date;
"(2) when the item is an agricultural commodity described in
section 3903(2)(B) of this title, before the 6th day after the
required payment date; or
"(3) when the item is not an item referred to in clauses (1)
and (2) of this subsection, before the 16th day after the required
payment date.
"(c) An amount of an interest penalty unpaid after any 30-day period
shall be added to the principal amount of the debt, and a penalty
accrues thereafter on the added amount.
"(d) This section does not authorize the appropriation of additional
amounts to pay an interest penalty. The head of an agency shall pay a
penalty under this section out of amounts made available to carry out
the program for which the penalty is incurred.
"(e) A recipient of a grant from the head of an agency may provide in
a contract for the acquisition of property or service from a business
concern that, consistent with the usual business practices of the
recipient and applicable State and local law, the recipient will pay an
interest penalty on amounts overdue under the contract under conditions
agreed to by the recipient and the concern. The recipient may not pay
the penalty from amounts received from an agency. Amounts expended for
the penalty may not be counted toward a matching requirement applicable
to the grant. An obligation to pay the penalty is not an obligation of
the United States Government.
" Section 3903. Regulations
" The Director of the Office of Management and Budget shall prescribe
regulations to carry out section 3902 of this title. The regulations
shall--,
"(1) provide that the required payment date is--,
by
contract;
"(2) for the acquisition of meat or a meat food product (as
defined in section 2(a)(3) of the Packers and Stockyards Act, 1921
(7 U.S.C. 182(3))), provide a required payment date of not later
than 7 days after the meat or meat food product is delivered; and
"(3) for the acquisition of a perishable agricultural commodity
(as defined in section 1(4) of the Perishable Agricultural
Commodities Act, 1930 (7 U.S.C. 499a(4))), provide a required
payment date consistent with that Act;
"(4) provide separate required payment dates for a contract
under which property or service is provided in a series of partial
executions or deliveries to the extent the contract provides for
separate payments for partial execution or delivery; and
"(5) require that, within 15 days after an invoice is received,
the head of an agency notify the business concern of a defect or
impropriety in the invoice that would prevent the running of the
time period specified in clause (1)(B) of this section.
" Section 3904. // 31 USC 3904. // Limitations on discount payments
" The head of an agency offered a discount by a business concern from
an amount due under a contract for property or service in exchange for
payment within a specified time may pay the discounted amount only if
payment is made within the specified time. The head of the agency shall
pay an interest penalty on an amount remaining unpaid in violation of
this section. The penalty accrues as provided under sections 3902 and
3903 of this title, except that the required payment date for the unpaid
amount is the last day specified in the contract that the discounted
amount may be paid.
" Section 3905. // 31 USC 3905. // Reports
"(a) By the 60th day after the end of each fiscal year, the head of
each agency shall submit to the Director of the Office of Management and
Budget a report on interest penalty payments made under this chapter
during that fiscal year. The report shall include the number, amounts,
and frequency of the payments and the reasons the payments were not
avoided by prompt payment.
"(b) By the 120th day after the end of each fiscal year, the Director
shall submit to the Committees on Governmental Affairs, Appropriations,
and Small Business of the Senate and the Committees on Government
Operations, Appropriations, and Small Business of the House of
Representatives a report on agency compliance with this chapter. The
report shall include a summary of the report of each agency submitted
under subsection (a) of this section and an analysis of progress made in
reducing interest penalty payments by that agency from prior years.
" Section 3906. // 31 USC 3906. // Relationship to other laws
"(a) A claim for an interest penalty not paid under this chapter may
be filed under section 6 of the Contract Disputes Act of 1978 (41 U.S.
C. 605).
"(b)(1) An interest penalty under this chapter does not continue to
accrue--,
"(A) after a claim for a penalty is filed under the Contract
Disputes Act of 1978 (41 U.S.C. 601 et seq.); or
"(B) for more than one year.
"(2) Paragraph (1) of this subsection does not prevent an interest
penalty from accruing under section 12 of the Contract Disputes Act of
1978 (41 U.S.C. 611) after a penalty stops accruing under this chapter.
A penalty accruing under section 12 may accrue on an unpaid contract
payment and on the unpaid penalty under this chapter.
"(c) Except as provided in section 3904 of this title, this chapter
does not require an interest penalty on a payment that is not made
because of a dispute between the head of an agency and a business
concern over the amount of payment or compliance with the contract. A
claim related to the dispute, and interest payable for the period during
which the dispute is being resolved, is subject to the Contract Disputes
Act of 1978 (41 U.S.C. 601 et seq.).".
(B) The analysis of subtitle III is amended by inserting the
following immediately below item 37:
"39. PROMPT PAYMENT......................... 3901".
(19) Section 5103 is amended by inserting ", public charges,
taxes, and dues" after "debts" the first time it appears.
(20) Section 5112(f)(1) is amended--,
fiftieth"
and substituting "250th".
(21) Section 5132(a)(2) is amended by striking out
"$54,706,000" and "1982" and substituting "$50,165,000" and
"1983", respectively.
(22) Section 5154 is amended by striking out " United States
coins and currency circulating within its jurisdiction" and
substituting "other forms of money".
(23)(A) Chapter 61 is amended by inserting after section 6102
the following:
" Section 6102a. // 31 USC 6102a. // Assistance awards information
system
"(a) The Director of the Office of Management and Budget shall--,
"(1) maintain the United States Government assistance awards
information system established as a result of the study conducted
under section 9 of the Federal Program Information Act;
// 31 USC 1701. //
and
"(2) update the system on a quarterly basis.
"(b) To carry out subsection (a) of this section, the Director--,
"(1) may delegate the responsibility for carrying out
subsection (a) of this section to the head of another executive
agency;
"(2) shall review a report the head of an agency submits to the
Director on the method of carrying out subsection (a) of this
section; and
"(3) may validate, by appropriate means, the method by which an
agency prepares the report.".
immediately
below item 6102 the following:
"6102a. Assistance awards information system.".
(24) Section 6501(1)(B) is amended by striking out "the law
of".
(25) Section 6709(a) is amended by adding at the end the
following:
"(5) For quarterly payments made for quarters beginning after
December 31, 1982, the New Jersey Franchise and Gross Receipts Taxes
(N.J. Rev. Stat. 54:30 A-18.1) transferred to a unit of general local
government in New Jersey in each of the years beginning January 1, 1980,
January 1, 1981, and January 1, 1982, are deemed to be an adjusted tax
of the unit under paragraph (2) of this subsection.".
(26) Section 9101 is amended by striking out "(K) the National
Consumer Cooperative Bank.".
(27) Sections 9107(c)(3) and 9108(d)(2) are each amended by
striking out "the National Consumer Cooperative Bank,".
Sec. 2. (a) Title 5, United States Code, is amended as follows:
(1) In section 552a(b) and (m), strike out "section 3(d) of the
Federal Claims Collection Act of 1966 (31 U.S.C. 952(d))" and
substitute "section 3711(f) of title 31".
(2) In section 5514(a)(3), strike out "the Federal Claims
Collection Act of 1966 (31 U.S.C. 951 et seq.)" and substitute
"sections 3711 and 3716 - 3718 of title 31".
(b) Section 1114 of title 18 is amended by striking out "the Federal
Claims Collection Act of 1966 (31 U.S.C. 951 et seq.)" and substituting
"sections 3711 and 3716 - 3718 of title 31".
(c) The Internal Revenue Code of 1954 (26 U.S.C. 1 et seq.) is
amended as follows:
(1) Sections 405(b)(1) and 409(a)
// 26 USC 405, 409. //
are each amended by striking out "the Second Liberty Bond Act, as
amended" and " Act" and substituting "chapter 31 of title 31" and
"chapter", respectively.
(2) Section 454(c)(2)
// 26 USC 454. //
is amended by striking out "the Second Liberty Bond Act" and
substituting "chapter 31 of title 31".
(3) Section 1037(a)
// 26 USC 1037. //
is amended by striking out "the Second Liberty Bond Act" and "
Act" and substituting "chapter 31 of title 31" and "chapter",
respectively.
(4) Section 6103(m)(2) is amended by striking out "section 3 of
the Federal Claims Collection Act of 1966 (31 U.S.C. 952)"
wherever appearing and substituting "sections 3711, 3717, and 3718
of title 31".
(d) Title 28, United States Code, is amended as follows:
(1) Section 1961(b) is amended by striking out "section 1302 of
the Act of July 27, 1956 (31 U.S.C. 724a)" and substituting
"section 1304(b) of title 31".
(2) Section 2415 of title 28 is amended by striking out
"section 5 of the Federal Claims Collection Act of 1966" and
substituting "section 3716 of title 31".
(e) Title 38, United States Code, is amended as follows:
(1) Section 210(b)(2)(A) is amended by striking out "section
201(a) of the Budget and Accounting Act, 1921 (31 U.S.C. 11(a))"
and substituting "section 1105 of title 31".
(2) Section 1823(c)
// 38 USC 1823. //
is amended by striking out "the Second Liberty Bond Act" wherever
appearing and substituting "chapter 31 of title 31".
(3) Section 4207 is amended by striking out "section 3523 of
title 31" and substituting "chapter 35 of title 31".
(4) Sections 5010(a)(1) and 5011(f)
// 38 USC 5010. //
are each amended by striking out "section 201(a) of the Budget and
Accounting Act, 1921 (31 U.S.C. 11(a))" and substituting "section
1105 of title 31".
(f) Section 2007 of title 39, United States Code, is amended by
striking out "the Second Liberty Bond Act" wherever appearing and
substituting "chapter 31 of title 31".
(g) The amendment made by section 1(17) of this Act // 31 USC 3721.
// applies only to claims arising after July 27, 1982.
(h) The amendment made by section 1(25) of this Act // 31 USC 6709.
// is effective after December 31, 1982, only if the Governor of New
Jersey notifies the Secretary of the Treasury that, before January 1,
1983, the State amended the New Jersey Franchise and Gross Receipts
Taxes statute to provide for the collection and retention of those taxes
by units of general local government for years beginning as of January
1, 1983.
(i) The amendments made by section 1(11), (14),
(19, (22), (24), (26), and (27) // 31 USC 3331. // are effective as
of September 13, 1982.
Sec. 3. (a) Sections 1 and 2 of this Act restate, // 31 USC prec.
101. // without substantive change, laws enacted before December 1,
1982, that were replaced by those sections. Sections 1 and 2 may not be
construed as making a substantive change in the laws replaced. Laws
enacted after November 30, 1982, that are inconsistent with this Act
supersede this Act to the extent of the inconsistency.
(b) A reference to a law replaced by sections 1 and 2 of this Act,
including a reference in a regulation, order, or other law, is deemed to
refer to the corresponding provision enacted by this Act.
(c) An order, rule, or regulation in effect under a law replaced by
sections 1 and 2 of this Act continues in effect under the corresponding
provision enacted by this Act until repealed, amended, or superseded.
(d) An action taken or an offense committed under a law replaced by
sections 1 and 2 of this Act is deemed to have been taken or committed
under the corresponding provision enacted by this Act.
(e) An inference of a legislative construction is not to be drawn by
reason of the location in the United State Code of a provision enacted
by this Act or by reason of the caption or catchline of the provision.
(f) If a provision enacted by this Act is held invalid, all valid
provisions that are severable from the invalid provision remain in
effect. If a provision of this Act is held invalid in any of its
applications, the provision remains valid for all valid applications
that are severable from any of the invalid applications.
Sec. 4. (a) The repeal of a law enacted by this Act // 31 USC prec.
101. // may not be construed as a legislative inference that the
provision was or was not in effect before its repeal.
(b) The laws specified in the following schedule are repealed, except
for rights and duties that matured, penalties that were incurred, and
proceedings that were begun before the date of enactment of this Act:
SCHEDULE OMITTED.
Approved January 12, 1983.
LEGISLATIVE HISTORY- H.R. 7378:
CONGRESSIONAL RECORD, Vol. 128 (1982):
Dec. 13, considered and passed House.
Dec. 19, considered and passed Senate.
PUBLIC LAW 97-451, 96 STAT. 2447, FEDERAL OIL AND GAS ROYALTY
MANAGEMENT ACT OF 1982
lands and on the Outer
Continental Shelf are properly accounted for under
the direction of the Secretary
of the Interior, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1. This Act // 30 USC 1701. // may be cited as the "
Federal Oil and Gas Royalty Management Act of 1982".
Sec. 1. Short title and table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
Sec. 101. Duties of the Secretary.
Sec. 102. Duties of lessees, operators, and motor vehicle
transporters.
Sec. 103. Required recordkeeping.
Sec. 104. Prompt disbursement of royalties.
Sec. 105. Explanation of payments.
Sec. 106. Liabilities and bonding.
Sec. 107. Hearings and investigations.
Sec. 108. Inspections.
Sec. 109. Civil penalties.
Sec. 110. Criminal penalties.
Sec. 111. Royalty interest, penalties and payments.
Sec. 112. Injunction and specific enforcement authority.
Sec. 113. Rewards.
Sec. 114. Noncompetitive oil and gas lease royalty rates.
Sec. 201. Application of title.
Sec. 202. Cooperative agreements.
Sec. 203. Information.
Sec. 204. State suits under Federal law.
Sec. 205. Delegation to States.
Sec. 206. Shared civil penalties.
Sec. 301. Secretarial authority.
Sec. 302. Reports.
Sec. 303. Study of other minerals.
Sec. 304. Relation to other laws.
Sec. 305. Effective date.
Sec. 306. Funding.
Sec. 307. Statute of limitations.
Sec. 308. Expanded royalty obligations.
Sec. 309. Severability.
Sec. 401. Amendment of Mineral Lands Leasing Act of 1920.
Sec. 2. // 30 USC 1701. // (a) Congress finds that--,
(1) the Secretary of the Interior should enforce effectively
and uniformly existing regulations under the mineral leasing laws
providing for the inspection of production activities on lease
sites on Federal and Indian lands;
(2) the system of accounting with respect to royalties and
other payments due and owing on oil and gas produced from such
lease sites is archaic and inadequate;
(3) it is essential that the Secretary initiate procedures to
improve methods of accounting for such royalties and payments and
to provide for routine inspection of activities related to the
production of oil and gas on such lease sites; and
(4) the Secretary should aggressively carry out his trust
responsibility in the administration of Indian oil and gas.
(b) It is the purpose of this Act--,
(1) to clarify, reaffirm, expand, and define the
responsibilities and obligations of lessees, operators, and other
persons involved in transportation or sale of oil and gas from the
Federal and Indian lands and the Outer Continental Shelf;
(2) to clarify, reaffirm, expand and define the authorities and
responsibilities of the Secretary of the Interior to implement and
maintain a royalty management system for oil and gas leases on
Federal lands, Indian lands, and the Outer Continental Shelf;
(3) to require the development of enforcement practices that
ensure the prompt and proper collection and disbursement of oil
and gas revenues owed to the United States and Indian lessors and
those inuring to the benefit of States;
(4) to fulfill the trust responsibility of the United States
for the administration of Indian oil and gas resources; and
(5) to effectively utilize the capabilities of the States and
Indian tribes in developing and maintaining an efficient and
effective Federal royalty management system.
Sec. 3. // 30 USC 1702. // For the purposes of this Act, the term--,
(1) " Federal land" means all land and interests in land owned
by the United States which are subject to the mineral leasing
laws, including mineral resources or mineral estates reserved to
the United States in the conveyance of a surface or nonmineral
estate;
(2) " Indian allottee" means any Indian for whom land or an
interest in land is held in trust by the United States or who
holds title subject to Federal restriction against alienation;
(3) "indian lands" means any lands or interest in lands of an
Indian tribe or an Indian allottee held in trust by the United
States or which is subject to Federal restriction against
alienation, including mineral resources and mineral estates
reserved to an Indian tribe or an Indian allottee in the
conveyance of a surface or nonmineral estate, except that such
term does not include any lands subject to the provisions of
section 3 of the Act of June 28, 1906 (34 Stat. 539);
(4) " Indian tribe" means any Indian tribe, band, nation,
pueblo, community, rancheria, colony, or other group of Indians,
including the Metlakatla Indian Community of Annette Island
Reserve, for which any land or interest in land is held by the
United States in trust or which is subject to Federal restriction
against alienation;
(5) "lease" means any contract, profit-share arrangement, joint
venture, or other agreement issued or approved by the United
States under a mineral leasing law that authorizes exploration
for, extraction of, or removal of oil or gas;
(6) "lease site" means any lands or submerged lands, including
the surface of a severed mineral estate, on which exploration for,
or extraction or removal of, oil or gas is authorized pursuant to
a lease;
(7) "lessee" means any person to whom the United States, an
Indian tribe, or an Indian allottee, issues a lease, or any person
who has been assigned an obligation to make royalty or other
payments required by the lease;
(8) "mineral leasing law" means any Federal law administered by
the Secretary authorizing the disposition under lease of oil or
gas;
(9) "oil or gas" means any oil or gas originating from, or
allocated to, the Outer Continental Shelf, Federal, or Indian
lands;
(10) " Outer Continental Shelf" has the same meaning as
provided in the Outer Continental Shelf Lands Act (Public Law 95 -
372);
// 43 USC 1801. //
(11) "operator" means any person, including a lessee, who has
control of, or who manages operations on, an oil and gas lease
site on Federal or Indian lands or on the Outer Continental Shelf;
(12) "person" means any individual, firm, corporation,
association, partnership, consortium, or joint venture;
(13) "production" means those activities which take place for
the removal of oil or gas, including such removal, field
operations, transfer of oil or gas off the lease site, operation
monitoring, maintenance, and workover drilling;
(14) "royalty" means any payment based on the value or volume
of production which is due to the United States or an Indian tribe
or an Indian allottee on production of oil or gas from the Outer
Continental Shelf, Federal, or Indian lands, or any minimum
royalty owed to the United States or an Indian tribe or an Indian
allottee under any provision of a lease;
(15) " Secretary" means the Secretary of the Interior or his
designee; and
(16) " State" means the several States of the Union, the
District of Columbia, Puerto Rico, the territories and possessions
of the United States, and the Trust Territory of the Pacific
Islands.
Sec. 101. // 30 USC 1711. // (a) The Secretary shall establish a
comprehensive inspection, collection and fiscal and production
accounting and auditing system to provide the capability to accurately
determine oil and gas royalties, interest, fines, penalties, fees,
deposits, and other payments owed, and to collect and account for such
amounts in a timely manner.
(b) The Secretary shall--,
(1) establish procedures to ensure that authorized and properly
identified representatives of the Secretary will inspect at least
once annually each lease site producing or expected to produce
significant quantities of oil or gas in any year or which has a
history of noncompliance with applicable provisions of law or
regulations; and
(2) establish and maintain adequate programs providing for the
training of all such authorized representatives in methods and
techniques of inspection and accounting that will be used in the
implementation of this Act.
(c)(1) The Secretary shall audit and reconcile, to the extent
practicable, all current and past lease accounts for leases of oil or
gas and take appropriate actions to make additional collections or
refunds as warranted. The Secretary shall conduct audits and
reconciliations of lease accounts in conformity with the business
practices and recordkeeping systems which were required of the lessee by
the Secretary for the period covered by the audit. The Secretary shall
give priority to auditing those lease accounts identified by a State or
Indian tribe as having significant potential for underpayment. The
Secretary may also audit accounts and records of selected lessees and
operators.
(2) The Secretary may enter into contracts or other appropriate
arrangements with independent certified public accountants to undertake
audits of accounts and records of any lessee or operator relating to the
lease of oil or gas. Selection of such independent certified public
accountants shall be by competitive bidding in accordance with the
Federal Property and Administrative Services Act of 1949 (41 U.S.C.
252), except that the Secretary may not enter into a contract or other
arrangement with any independent certified public accountant to audit
any lessee or operator where such lessee or operator is a primary audit
client of such certified public accountant.
(3) All books, accounts, financial records, reports, files, and other
papers of the Secretary, or used by the Secretary, which are reasonably
necessary to facilitate the audits required under this section shall be
made available to any person or governmental entity conducting audits
under this Act.
TRANSPORTERS
Sec. 102. // 30 USC 1712. // (a) A lessee--,
(1) who is required to make any royalty or other payment under
a lease or under the mineral leasing laws, shall make such
payments in the time and manner as may be specified by the
Secretary; and
(2) shall notify the Secretary, in the time and manner as may
be specified by the Secretary, of any assignment the lessee may
have made of the obligation to make any royalty or other payment
under a lease or under the mineral leasing laws.
(b) An operator shall--,
(1) develop and comply with a site security plan designed to
protect the oil or gas produced or stored on an onshore lease site
from theft, which plan shall conform with such minimum standards
as the Secretary may prescribe by rule, taking into account the
variety of circumstances at lease sites;
(2) develop and comply with such minimum site security measures
as the Secretary deems appropriate to protect oil or gas produced
or stored on a lease site or on the Outer Continental Shelf from
theft; and
(3) not later than the 5th business day after any well begins
production anywhere on a lease site or allocated to a lease site,
or resumes production in the case of a well which has been off of
production for more than 90 days, notify the Secretary, in the
manner prescribed by the Secretary, of the date on which such
production has begun or resumed.
(c)(1) Any person engaged in transporting by motor vehicle any oil
from any lease site, or allocated to any such lease site, shall carry,
on his person, in his vehicle, or in his immediate control,
documentation showing, at a minimum, the amount, origin, and intended
first destination of the oil.
(2) Any person engaged in transporting any oil or gas by pipeline
from any lease site, or allocated to any lease site, on Federal or
Indian lands shall maintain documentation showing, at a minimum, amount,
origin, and intended first destination of such oil or gas.
Sec. 103. // 30 USC 1713. // (a) A lessee, operator, or other person
directly involved in developing, producing, transporting, purchasing, or
selling oil or gas subject to this Act through the point of first sale
or the point of royalty computation, whichever is later, shall establish
and maintain any records, make any reports, and provide any information
that the Secretary may, by rule, reasonably require for the purposes of
implementing this Act or determining compliance with rules or orders
under this Act. Upon the request of any officer or employee duly
designated by the Secretary or any State or Indian tribe conducting an
audit or investigation pursuant to this Act, the appropriate records,
reports, or information which may be required by this section shall be
made available for inspection and duplication by such officer or
employee, State, or Indian tribe.
(b) Records required by the Secretary with respect to oil and gas
leases from Federal or Indian lands or the Outer Continental Shelf shall
be maintained for 6 years after the records are generated unless the
Secretary notifies the record holder that he has initiated an audit or
investigation involving such records and that such records must be
maintained for a longer period. In any case when an audit or
investigation is underway, records shall be maintained until the
Secretary releases the record holder of the obligation to maintain such
records.
Sec. 104. (a) Section 35 of the Mineral Lands Leasing Act of 1920
(approved February 25, 1920; 41 Stat. 437; 30 U.S.C. 191) is amended
by deleting "as soon as practicable after March 31 and September 30 of
each year" and by adding at the end thereof " Payments to States under
this section with respect to any moneys received by the United States,
shall be made not later than the last business day of the month in which
such moneys are warranted by the United States Treasury to the Secretary
as having been received, except for any portion of such moneys which is
under challenge and placed in a suspense account pending resolution of a
dispute. Such warrants shall be issued by the United States Treasury
not later than 10 days after receipt of such moneys by the Treasury.
Moneys placed in a suspense account which are determined to be payable
to a State shall be made not later than the last business day of the
month in which such dispute is resolved. Any such amount placed in a
suspense account pending resolution shall bear interest until the
dispute is resolved.".
(b) Deposits of any royalty funds derived from the production of oil
or gas from, or allocated to, Indian lands shall be made by the
Secretary to the appropriate Indian account at the earliest practicable
date after such funds are received by the Secretary but in no case later
than the last business day of the month in which such funds are
received.
(c) The provisions of this section // 30 USC 1714. // shall apply
with respect to payments received by the Secretary after October 1,
1983, unless the Secretary, by rule, prescribes an earlier effective
date.
Sec. 105. // 30 USC 1715. // (a) When any payment (including amounts
due from receipt of any royalty, bonus, interest charge, fine, or
rental) is made by the United States to a State with respect to any oil
or gas lease on Federal lands or is deposited in the appropriate Indian
account on behalf of an Indian tribe or Indian allottee with respect to
any oil and gas lease on Indian lands, there shall be provided, together
with such payment, a description of the type of payment being made, the
period covered by such payment, the source of such payment, production
amounts, the royalty rate, unit value and such other information as may
be agreed upon by the Secretary and the recipient State, Indian tribe,
or Indian allottee.
(b) This section shall take effect with respect to payments made
after October 1, 1983, unless the Secretary, by rule, prescribes an
earlier effective date.
Sec. 106. // 30 USC 1716. // A person (including any agent or
employee of the United States and any independent contractor) authorized
to collect, receive, account for, or otherwise handle any moneys payable
to, or received by, the Department of the Interior which are derived
from the sale, lease, or other disposal of any oil or gas shall be--,
(1) liable to the United States for any losses caused by any
intentional or reckless action or inaction of such individual with
respect to such moneys; and
(2) in the case of an independent contractor, required as the
Secretary deems necessary to maintain a bond commensurate with the
amount of money for which such individual could be liable to the
United States.
Sec. 107. // 30 USC 1717. // (a) In carrying out his duties under
this Act the Secretary may conduct any investigation or other inquiry
necessary and appropriate and may conduct, after notice, any hearing or
audit, necessary and appropriate to carrying out his duties under this
Act. In connection with any such hearings, inquiry, investigation, or
audit, the Secretary is also authorized where reasonably necessary--,
(1) to require by special or general order, any person to
submit in writing such affidavits and answers to questions as the
Secretary may reasonably prescribe, which submission shall be made
within such reasonable period and under oath or otherwise, as may
be necessary;
(2) to administer oaths;
(3) to require by subpena the attendance and testimony of
witnesses and the production of all books, papers, production and
financial records, documents, matter, and materials, as the
Secretary may request;
(4) to order testimony to be taken by deposition before any
person who is designated by the Secretary and who has the power to
administer oaths, and to compel testimony and the production of
evidence in the same manner as authorized under paragraph (3) of
this subsection; and
(5) to pay witnesses the same fees and mileage as are paid in
like circumstances in the courts of the United States.
(b) In case of refusal to obey a subpena served upon any person under
this section, the district court of the United States for any district
in which such person is found, resides, or transacts business, upon
application by the Attorney General at the request of the Secretary and
after notice to such person, shall have jurisdiction to issue an order
requiring such person to appear and give testimony before the Secretary
or to appear and produce documents before the Secretary. Any failure to
obey such order of the court may be punished by such court as contempt
thereof and subject to a penalty of up to $10,000 a day.
Sec. 108. // 30 USC 1718. // (a)(1) On any lease site on Federal or
Indian lands, any authorized and properly identified representative of
the Secretary may stop and inspect any motor vehicle that he has
probable cause to believe is carrying oil from a lease site on Federal
or Indian lands or allocated to such a lease site, for the purpose of
determining whether the driver of such vehicle has documentation related
to such oil as required by law.
(2) Any authorized and properly identified representative of the
Secretary, accompanied by any appropriate law enforcement officer, or an
appropriate law enforcement officer alone, may stop and inspect any
motor vehicle which is not on a lease site if he has probable cause to
believe the vehicle is carrying oil from a lease site on Federal or
Indian lands or allocated to such a lease site. Such inspection shall
be for the purpose of determining whether the driver of such vehicle has
the documentation required by law.
(b) Authorized and properly identified representatives of the
Secretary may without advance notice, enter upon, travel across and
inspect lease sites on Federal or Indian lands and may obtain from the
operator immediate access to secured facilities on such lease sites, for
the purpose of making any inspection or investigation for determining
whether there is compliance with the requirements of the mineral leasing
laws and this Act. The Secretary shall develop guidelines setting forth
the coverage and the frequency of such inspections.
(c) For the purpose of making any inspection or investigation under
this Act, the Secretary shall have the same right to enter upon or
travel across any lease site as the lessee or operator has acquired by
purchase, condemnation, or otherwise.
Sec. 109. // 30 USC 1719. // (a) Any person who--,
(1) after due notice of violation or after such violation has
been reported under subparagraph (A), fails or refuses to comply
with any requirements of this Act or any mineral leasing law, any
rule or regulation thereunder, or the terms of any lease or permit
issued thereunder; or
(2) fails to permit inspection authorized in section 108 or
fails to notify the Secretary of any assignment under section
102(a)(2)
shall be liable for a penalty of up to $500 per violation for each day
such violation continues, dating from the date of such notice or report.
A penalty under this subsection may not be applied to any person who is
otherwise liable for a violation of paragraph (1) if:
(A) the violation was discovered and reported to the Secretary
or his authorized representative by the liable person and
corrected within 20 days after such report or such longer time as
the Secretary may agree to; or
(B) after the due notice of violation required in paragraph (1)
has been given to such person by the Secretary or his authorized
representative, such person has corrected the violation within 20
days of such notification or such longer time as the Secretary may
agree to.
(b) If corrective action is not taken within 40 days or a longer
period as the Secretary may agree to, after due notice or the report
referred to in subsection (a)(1), such person shall be liable for a
civil penalty of not more than $5,000 per violation for each day such
violation continues, dating from the date of such notice or report.
(c) Any person who--,
(1) knowingly or willfully fails to make any royalty payment by
the date as specified by statute, regulation, order or terms of
the lease;
(2) fails or refuses to permit lawful entry, inspection, or
audit; or
(3) knowingly or willfully fails or refuses to comply with
subsection 102(b)(3),
shall be liable for a penalty of up to $10,000 per violation for each
day such violation continues.
(d) Any person who--,
(1) knowingly or willfully prepares, maintains, or submits
false, inaccurate, or misleading reports, notices, affidavits,
records, data, or other written information;
(2) knowingly or willfully takes or removes, transports, uses
or diverts any oil or gas from any lease site without having valid
legal authority to do so; or
(3) purchases, accepts, sells, transports, or conveys to
another, any oil or gas knowing or having reason to know that such
oil or gas was stolen or unlawfully removed or diverted,
shall be liable for a penalty of up to $25,000 per violation for each
day such violation continues.
(e) No penalty under this section shall be assessed until the person
charged with a violation has been given the opportunity for a hearing on
the record.
(f) The amount of any penalty under this section, as finally
determined may be deducted from any sums owing by the United States to
the person charged.
(g) On a case-by-case basis the Secretary may compromise or reduce
civil penalties under this section.
(h) Notice under this subsection (a) shall be by personal service by
an authorized representative of the Secretary or by registered mail.
Any person may, in the manner prescribed by the Secretary, designate a
representative to receive any notice under this subsection.
(i) In determining the amount of such penalty, or whether it should
be remitted or reduced, and in what amount, the Secretary shall state on
the record the reasons for his determinations.
(j) Any person who has requested a hearing in accordance with
subsection (e) within the time the Secretary has prescribed for such a
hearing and who is aggrieved by a final order of the Secretary under
this section may seek review of such order in the United States district
court for the judicial district in which the violation allegedly took
place. Review by the district court shall be only on the administrative
record and not de novo. Such an action shall be barred unless filed
within 90 days after the Secretary's final order.
(k) If any person fails to pay an assessment of a civil penalty under
this Act--,
(1) after the order making the assessment has become a final
order and if such person does not file a petition for judicial
review of the order in accordance with subsection (j), or
(2) after a court in an action brought under subsection (j) has
entered a final judgment in favor of the Secretary,
the court shall have jurisdiction to award the amount assessed plus
interest from the date of the expiration of the 90-day period referred
to in subsection (j). Judgment by the court shall include an order to
pay.
(l) No person shall be liable for a civil penalty under subsection
(a) or (b) for failure to pay any rental for any lease automatically
terminated pursuant to section 31 of the Mineral Leasing Act of 1920.
// 30 USC 188. //
Sec. 110. // 30 USC 1720. // Any person who commits an act for which
a civil penalty is provided in section 109(d) shall, upon conviction, be
punished by a fine of not more than $50,000, or by imprisonment for not
more than 2 years, or both.
Sec. 111. // 30 USC 1721. // (a) In the case of oil and gas leases
where royalty payments are not received by the Secretary on the date
that such payments are due, or are less than the amount due, the
Secretary shall charge interest on such late payments or underpayments
at the rate applicable under section 6621 of the Internal Revenue Code
of 1954. // 26 USC 6621. // In the case of an underpayment or partial
payment, interest shall be computed and charged only on the amount of
the deficiency and not on the total amount due.
(b) Any payment made by the Secretary to a State under section 35 of
the Mineral Lands Leasing Act of 1920 (30 U.S.C. 191) and any other
payment made by the Secretary to a State from any oil or gas royalty
received by the Secretary which is not paid on the date required under
section 35 shall include an interest charge computed at the rate
applicable under section 6621 of the Internal Revenue Code of 1954. //
26 USC 6621. //
(c) All interest charges collected under this Act or under other
applicable laws because of nonpayment, late payment or underpayment of
royalties due and owing an Indian tribe or an Indian allottee shall be
deposited to the same account as the royalty with respect to which such
interest is paid.
(d) Any deposit of royalty funds made by the Secretary to an Indian
account which is not made by the date required under subsection 104(b)
shall include an interest charge computed at the rate applicable under
section 6621 of the Internal Revenue Code of 1954. // 26 USC 6621. //
(e) Notwithstanding any other provision of law, no State will be
assessed for any interest or penalties found to be due against the
Secretary for failure to comply with the Emergency Petroleum Allocation
Act of 1973 // 15 USC 751. // or regulation of the Secretary of Energy
thereunder concerning crude oil certification or pricing with respect to
crude oil taken by the Secretary in kind as royalty. Any State share of
an overcharge, resulting from such failure to comply, shall be assessed
against moneys found to be due and owing to such State as a result of
audits of royalty accounts for transactions which took place prior to
the date of the enactment of this Act except that if after the
completion of such audits, sufficient moneys have not been found due and
owing to any State, the State shall be assessed the balance of that
State's share of the overcharge.
(f) Interest shall be charged under this section only for the number
of days a payment is late.
(g) The first sentence of section 35 of the Act of February 25, 1920
// 30 USC 191. // is amended by inserting "including interest charges
collected under the Federal Oil and Gas Royalty Management Act of 1982"
between "royalties" and "and".
Sec. 112. // 30 USC 1722. // (a) In addition to any other remedy
under this Act or any mineral leasing law, the Attorney General of the
United States or his designee may bring a civil action in a dristrict
court of the United States, which shall have jurisdiction over such
actions--,
(1) to restrain any violation of this Act; or
(2) to compel the taking of any action required by or under
this Act or any mineral leasing law of the United States.
(b) A civil action described in subsection (a) may be brought only in
the United States district court for the judicial district wherein the
act, omission, or transaction constituting a violation under this Act or
any other mineral leasing law occurred, or wherein the defendant is
found or transacts business.
Sec. 113. // 30 USC 1723. // Where amounts representing royalty or
other payments owed to the United States with respect to any oil and gas
lease on Federal lands or the Outer Continental Shelf are recovered
pursuant to any action taken by the Secretary under this Act as a result
of information provided to the Secretary by any person, the Secretary is
authorized to pay to such person an amount equal to not more than 10
percent of such recovered amounts. The preceding sentence shall not
apply to information provided by an officer or employee of the United
States, an officer or employee of a State or Indian tribe acting
pursuant to a cooperative agreement or delegation under this Act, or any
person acting pursuant to a contract authorized by this Act.
Sec. 114. The Secretary is directed to conduct a thorough study of
the effects of a change in the royalty rate under section 17(c) of the
Mineral Leasing Act of 1920 // 30 USC 226. // on: (a) the exploration,
development, or production of oil or gas; and (b) the overall revenues
generated by such change. Such study shall be completed and submitted
to Congress within six months after the date of enactment of this Act.
Sec. 201. // 30 USC 1731. // This title shall apply only with
respect to oil and gas leases on Federal lands or Indian lands. Nothing
in this title shall be construed to apply to any lease on the Outer
Continental Shelf.
Sec. 202. // 30 USC 1732. // (a) The Secretary is authorized to
enter into a cooperative agreement or agreements with any State or
Indian tribe to share oil or gas royalty management information, to
carry out inspection, auditing, investigation or enforcement (not
including the collection of royalties, civil or criminal penalties or
other payments) activities under this Act in cooperation with the
Secretary, and to carry out any other activity described in section 108
of this Act. The Secretary shall not enter into any such cooperative
agreement with a State with respect to any such activities on Indian
lands, except with the permission of the Indian tribe involved.
(b) Except as provided in section 203, and pursuant to a cooperative
agreement--,
(1) each State shall, upon request, have access to all royalty
accounting information in the possession of the Secretary
respecting the production, removal, or sale of oil or gas from
leases on Federal lands within the State; and
(2) each Indian tribe shall, upon request, have access to all
royalty accounting information in the possession of the Secretary
respecting the production, removal, or sale of oil or gas from
leases on Indian lands under the jurisdiction of such tribe.
Information shall be made available under paragraphs (1) and (2) as soon
as practicable after it comes into the possession of the Secretary.
Effective October 1, 1983, such information shall be made available
under paragraphs (1) and (2) not later than 30 days after such
information comes into the possession of the Secretary.
(c) Any cooperative agreement entered into pursuant to this section
shall be in accordance with the provisions of the Federal Grant and
Cooperative Agreement Act of 1977, // 41 USC 501. // and shall contain
such terms and conditions as the Secretary deems appropriate and
consistent with the purposes of this Act, including, but not limited to,
a limitation on the use of Federal assistance to those costs which are
directly required to carry out the agreed upon activities.
Sec. 203. // 30 USC 1733. // (a) Trade secrets, proprietary and
other confidential information shall be made available by the Secretary,
pursuant to a cooperative agreement, to a State or Indian tribe upon
request only if--,
(1) such State or Indian tribe consents in writing to restrict
the dissemination of the information to those who are directly
involved in an audit or investigation under this Act and who have
a need to know;
(2) such State or tribe accepts liability for wrongful
disclosure;
(3) in the case of a State, such State demonstrates that such
information is essential to the conduct of an audit or
investigation or to litigation under section 204; and
(4) in the case of an Indian tribe, such tribe demonstrates
that such information is essential to the conduct of an audit or
investigation and waives sovereign immunity by express consent for
wrongful disclosure by such tribe.
(b) The United States shall not be liable for the wrongful disclosure
by any individual, State, or Indian tribe of any information provided to
such individual, State, or Indian tribe pursuant to any cooperative
agreement or a delegation, authorized by this Act.
(c) Whenever any individual, State, or Indian tribe has obtained
possession of information pursuant to a cooperative agreement authorized
by this section, or any individual or State has obtained possession of
information pursuant to a delegation under section 205, the individual
shall be subject to the same provisions of law with respect to the
disclosure of such information as would apply to an officer or employee
of the United States or of any department or agency thereof and the
State or Indian tribe shall be subject to the same provisions of law
with respect to the disclosure of such information as would apply to the
United States or any department or agency thereof. No State or State
officer or employee who receives trade secrets, proprietary information,
or other confidential information under this Act may be required to
disclose such information under State law.
Sec. 204. // 30 USC 1734. // (a)(1) A State may commence a civil
action under this section against any person to recover any royalty,
interest, or civil penalty which the State believes is due, based upon
credible evidence, with respect to any oil and gas lease on Federal
lands located within the State.
(2)(A) No action may be commenced under paragraph (1) prior to 90
days after the State has given notice in writing to the Secretary of the
payment required. Such 90-day limitation may be waived by the Secretary
on a case-by-case basis.
(B) If, within the 90-day period specified in subparagraph (A), the
Secretary issues a demand for the payment concerned, no action may be
commenced under paragraph (1) with respect to such payment during a
45-day period after issuance of such demand. If, during such 45-day
period, the Secretary receives payment in full, no action may be
commenced under paragraph (1).
(C) If the Secretary refers the case to the Attorney General of the
United States within the 45-day period referred to in subparagraph (B)
or within 10 business days after the expiration of such 45-day period,
no action may be commenced under paragraph (1) if the Attorney General,
within 45 days after the date of such referral, commences, and
thereafter diligently prosecutes, a civil action in a court of the
United States with respect to the payment concerned.
(3) The State shall notify the Secretary and the Attorney General of
the United States of any suit filed by the State under this section.
(4) A court in issuing any final order in any action brought under
paragraph (1) may award costs of litigation including reasonable
attorney and expert witness fees, to any party in such action if the
court determines such an award is appropriate.
(b) An action brought under subsection (a) of this section may be
brought only in a United States district court for the judicial district
in which the lease site or the leasing activity complained of is
located. Such district court shall have jurisdiction, without regard to
the amount in controversy or the citizenship of the parties, to require
compliance or order payment in any such action.
(c)(1) Notwithstanding any other provision of law, any civil penalty
recovered by a State under subsection (a) shall be retained by the State
and may be expended in such manner and for such purposes as the State
deems appropriate.
(2) Any rent, royalty, or interest recovered by a State under
subsection (a) shall be deposited in the Treasury of the United States
in the same manner, and subject to the same requirements, as are
applicable in the case of any rent, royalty, or interest collected by an
officer or employee of the United States, except that such amounts shall
be deposited in the Treasury not later than 10 days after receipt by the
State.
Sec. 205. // 30 USC 1735. // (a) Upon written request of any State,
the Secretary is authorized to delegate, in accordance with the
provisions of this section, all or part of the authorities and
responsibilities of the Secretary under this Act to conduct inspections,
audits, and investigations to any State with respect to all Federal
lands or Indian lands within the State; except that the Secretary may
not undertake such a delegation with respect to any Indian lands, except
with the permission of the Indian tribe allottee involved.
(b) After notice and opportunity for a hearing, the Secretary is
authorized to delegate such authorities and responsibilities granted
under this section as the State has requested, if the Secretary finds
that--,
(1) it is likely that the State will provide adequate resources
to achieve the purposes of this Act;
(2) the State has demonstrated that it will effectively and
faithfully administer the rules and regulations of the Secretary
under this Act in accordance with the requirements of subsections
(c) and (d) of this section; and
(3) such delegation will not create an unreasonable burden on
any lessee,
with respect to the Federal lands and Indian lands within the State.
(c) The Secretary shall promulgate regulations which define those
functions, if any, which must be carried out jointly in order to avoid
duplication of effort, and any delegation to any State must be made in
accordance with those requirements.
(d) The Secretary shall by rule promulgate standards and regulations,
pertaining to the authorities and responsibilities under subsection (a),
including standards and regulations pertaining to:
(1) audits performed;
(2) records and accounts to be maintained; and
(3) reporting procedures to be required by States under this
section.
Such standards and regulations shall be designed to provide reasonable
assurance that a uniform and effective royalty management system will
prevail among the States. The records and accounts under paragraph (2)
shall be sufficient to allow the Secretary to monitor the performance of
any State under this section.
(e) If, after notice and opportunity for a hearing, the Secretary
finds that any State to which any authority or responsibility of the
Secretary has been delegated under this section is in violation of any
requirement of this section or any rule thereunder, or that an
affirmative finding by the Secretary under subsection (b) can no longer
be made, the Secretary may revoke such delegation.
(f) The Secretary shall compensate any State for those costs which
may be necessary to carry out the delegated activities under this
section. Payment shall be made no less than every quarter during the
fiscal year.
Sec. 206. // 30 USC 1736. // An amount equal to 50 per centum of any
civil penalty collected by the Federal Government under this Act
resulting from activities conducted by a State or Indian tribe pursuant
to a cooperative agreement under section 202 or a State under a
delegation under section 205, shall be payable to such State or tribe.
Such amount shall be deducted from any compensation due such State or
Indian tribe under section 202 or such State under section 205.
Sec. 301. // 30 USC 1751. // (a) The Secretary shall prescribe such
rules and regulations as he deems reasonably necessary to carry out this
Act.
(b) Rules and regulations issued to implement this Act shall be
issued in conformity with section 553 of title 5 of the United States
Code, notwithstanding section 553(a)(2) of that title.
(c) In addition to entering into cooperative agreements or delegation
of authority authorized under this Act, the Secretary may contract with
such non-Federal Government inspectors, auditors, and other persons as
he deems necessary to aid in carrying out his functions under this Act
and its implementation. With respect to his auditing and enforcement
functions under this Act, the Secretary shall coordinate such functions
so as to avoid to the maximum extent practicable, subjecting lessees,
operators, or other persons to audits or investigations of the same
subject matter by more than one auditing or investigating entity at the
same time.
Sec. 302. // 30 USC 1752. // (a) The Secretary shall submit to the
Congress an annual report on the implementation of this Act. The
information to be included in the report and the format of the report
shall be developed by the Secretary after consulting with the Committees
on Interior and Insular Affairs of the House of Representatives and on
Energy and Natural Resources of the Senate. The Secretary shall also
report on the progress of the Department in reconciling account
balances.
(b) Commencing with fiscal year 1984, the Inspector General of the
Department of the Interior shall conduct a biennial audit of the Federal
royalty management system. The Inspector General shall submit the
results of such audit to the Secretary and to the Congress.
Sec. 303. // 30 USC 1752. // (a) The Secretary shall study the
question of the adequacy of royalty management for coal, uranium and
other energy and nonenergy minerals on Federal and Indian lands. The
study shall include proposed legislation if the Secretary determines
that such legislation is necessary to ensure prompt and proper
collection of revenues owed to the United States, the States and Indian
tribes or Indian allottees from the sale, lease or other disposal of
such minerals.
(b) The study required by subsection (a) of this section shall be
submitted to Congress not later than one year from the date of the
enactment of this Act.
Sec. 304. // 30 USC 1753. // (a) The penalties and authorities
provided in this Act are supplemental to, and not in derogation of, any
penalties or authorities contained in any other provision of law.
(b) Nothing in this Act shall be construed to reduce the
responsibilities of the Secretary to ensure prompt and proper collection
of revenues from coal, uranium and other energy and nonenergy minerals
on Federal and Indian lands, or to restrain the Secretary from entering
into cooperative agreements or other appropriate arrangements with
States and Indian tribes to share royalty management responsibilities
and activities for such minerals under existing authorities.
(c) Except as expressly provided in subsection 302(b), nothing in
this Act shall be construed to enlarge, diminish, or otherwise affect
the authority or responsibility of the Inspector General of the
Department of the Interior or of the Comptroller General of the United
States.
(d) No provision of this Act impairs or affects lands and interests
in land entrusted to the Tennessee Valley Authority.
Sec. 305. // 30 USC 1701. // The provisions of this Act shall apply
to oil and gas leases issued before, on, or after the date of the
enactment of this Act, except that in the case of a lease issued before
such date, no provision of this Act or any rule or regulation prescribed
under this Act shall alter the express and specific provisions of such a
lease.
Sec. 306. // 30 USC 1754. // Effective October 1, 1983, there are
hereby authorized to be appropriated such sums as may be necessary to
carry out the provisions of this Act, including such sums as may be
necessary for the cooperative agreements, contracts, and delegations
authorized by this Act: Provided, That nothing in this Act shall be
construed to affect or impair any authority to enter into contracts or
make payments under any other provision of law.
Sec. 307. // 30 USC 1755. // Except in the case of fraud, any action
to recover penalties under this Act shall be barred unless the action is
commenced within 6 years after the date of the act or omission which is
the basis for the action.
Sec. 308. // 30 USC 1756. // Any lessee is liable for royalty
payments on oil or gas lost or wasted from a lease site when such loss
or waste is due to negligence on the part of the operator of the lease,
or due to the failure to comply with any rule or regulation, order or
citation issued under this Act or any mineral leasing law.
Sec. 309. // 30 USC 1757. // If any provision of this Act or the
applicability thereof to any person or circumstances is held invalid,
the remainder of this Act and the application of such provision to other
persons or circumstances shall not be affected thereby.
Sec. 401. Section 31 of the Mineral Lands Leasing Act of 1920 (30
U.S.C. 188) is amended by redesignating subsection (d) as subsection (j)
and by inserting after subsection (c) the following new subsections:
"(d)(1) Where any oil and gas lease issued pursuant to section 17(b)
or section 17(c) of this Act or the Mineral Leasing Act for Acquired
Lands (30 U.S.C. 351 et seq.), // 30 USC 226. // has been, or is
hereafter, terminated automatically by operation of law under this
section for failure to pay on or before the anniversary date the full
amount of the rental due, and such rental is not paid or tendered within
twenty days thereafter, and it is shown to the satisfaction of the
Secretary of the Interior that such failure was justifiable or not due
to lack of reasonable diligence on the part of the lessee, or, no matter
when the rental is paid after termination, it is shown to the
satisfaction of the Secretary that such failure was inadvertent, the
Secretary may reinstate the lease as of the date of termination for the
unexpired portion of the primary term of the original lease or any
extension thereof remaining at the date of termination, and so long
thereafter as oil or gas is produced in paying quantities. In any case
where a lease is reinstated under this subsection and the Secretary
finds that the reinstatement of such lease (A) occurs after the
expiration of the primary term or any extension thereof, or (B) will not
afford the lessee a reasonable opportunity to continue operations under
the lease, the Secretary may, at his discretion, extend the term of such
lease for such period as he deems reasonable, but in no event for more
than two years from the date the Secretary authorized the reinstatement
and so long thereafter as oil or gas is produced in paying quantities.
"(2) No lease shall be reinstated under paragraph (1) of this
subsection unless--,
"(A) with respect to any lease that terminated under subsection
(b) of this section prior to enactment of the Federal Oil and Gas
Royalty Management Act of 1982:
terminated
was made by the Secretary or a court less than three
years
before enactment of such Act, and
of
termination, is filed with the Secretary on or before
the one
hundred and twentieth day after enactment of such Act,
or
"(B) with respect to any lease that terminated under subsection
(b) of this section on or after enactment of the Federal Oil and
Gas Royalty Management Act of 1982, a petition for reinstatement
together with the required back rental and royalty accruing from
the date of termination is filed on or before the earlier of--,
Secretary
notice of termination, whether by return of check or by
any
other form of actual notice, or
"(e) Any reinstatement under subsection (d) of this section shall be
made only if these conditions are met:
"(1) no valid lease, whether still in existence or not, shall
have been issued affecting any of the lands covered by the
terminated lease prior to the filing of such petition: Provided,
however, That after receipt of a petition for reinstatement, the
Secretary shall not issue any new lease affecting any of the lands
covered by such terminated lease for a reasonable period, as
determined in accordance with regulations issued by him;
"(2) payment of back rentals and either the inclusion in a
reinstated lease issued pursuant to the provisions of section 17(
b) of this Act
// 30 USC 226. //
of a requirement for future rentals at a rate of not less than $10
per acre per year, or the inclusion in a reinstated lease issued
pursuant to the provisions of section 17(c) of this Act of a
requirement that future rentals shall be at a rate not less than
$5 per acre per year, all as determined by the Secretary;
"(3)(A) payment of back royalties and the inclusion in a
reinstated lease issued pursuant to the provisions of section 17(
b) of this Act of a requirement for future royalties at a rate of
not less than 16 2/3 percent computed on a sliding scale based
upon the average production per well per day, at a rate which
shall be not less than 4 percentage points greater than the
competitive royality schedule then in force and used for royalty
determination for competitive leases issued pursuant to such
section as determined by the Secretary: Provided, That royalty on
such reinstated lease shall be paid on all production removed or
sold from such lease subsequent to the termination of the original
lease;
"(B) payment of back royalties and inclusion in a reinstated
lease issued pursuant to the provisions of section 17(c) of this
Act
// 30 USC 226. //
of a requirement for future royalties at a rate not less than 16
2/3 percent: Provided, That royalty on such reinstated lease
shall be paid on all production removed or sold from such lease
subsequent to the cancellation or termination of the original
lease; and
"(4) notice of the proposed reinstatement of a terminated
lease, including the terms and conditions of reinstatement, shall
be published in the Federal Register at least thirty days in
advance of the reinstatement.
A copy of said notice, together with information concerning rental,
royalty, volume of production, if any, and any other matter which the
Secretary deemed significant in making this determination to reinstate,
shall be furnished to the Committee on Interior and Insular Affairs of
the House of Representatives and the Committee on Energy and Natural
Resources of the Senate at least thirty days in advance of the
reinstatement. The lessee of a reinstated lease shall reimburse the
Secretary for the administrative costs of reinstating the lease, but not
to exceed $500. In addition the lessee shall reimburse the Secretary
for the cost of publication in the Federal Register of the notice of
proposed reinstatement.
"(f) Where an unpatented oil placer mining claim validly located
prior to February 24, 1920, which has been or is currently producing or
is capable of producing oil or gas, has been or is hereafter deemed
conclusively abandoned for failure to file timely the required
instruments or copies of instruments required by section 314 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1744), and it
is shown to the satisfaction of the Secretary that such failure was
inadvertent, justifiable, or not due to lack of reasonable diligence on
the part of the owner, the Secretary may issue, for the lands covered by
the abandoned unpatented oil placer mining claim, a noncompetitive oil
and gas lease, consistent with the provisions of section 17(e) of this
Act, // 30 USC 226. // to be effective from the statutory date the
claim was deemed conclusively abandoned. Issuance of such a lease shall
be conditioned upon:
"(1) a petition for issuance of a noncompetitive oil and gas
lease, together with the required rental and royalty, including
back rental and royalty accruing from the statutory date of
abandonment of the oil placer mining claim, being filed with the
Secretary--,
abandoned
on or before the date of enactment of the Federal Oil
and Gas Royalty Management Act of 1982, on or
before the
one hundred and twentieth day after such date of
enactment,
or
abandoned
after such date of enactment, on or before the one
hundred and twentieth day after final notification by
the
Secretary or a court of competent jurisdiction of the
determination
of the abandonment of the oil placer mining
claim;
"(2) a valid lease not having been issued affecting any of the
lands covered by the abandoned oil placer mining claim prior to
the filing of such petition: Provided, however, That after the
filing of a petition for issuance of a lease under this
subsection, the Secretary shall not issue any new lease affecting
any of the lands covered by such abandoned oil placer mining claim
for a reasonable period, as determined in accordance with
regulations issued by him;
"(3) a requirement in the lease for payment of rental,
including back rentals accruing from the statutory date of
abandonment of the oil placer mining claim, of not less than $5
per acre per year;
"(4) a requirement in the lease for payment of royalty on
production removed or sold from the oil placer mining claim,
including all royalty on production made subsequent to the
statutory date the claim was deemed conclusively abandoned, of not
less than 12 1/2 percent; and
"(5) compliance with the notice and reimbursement of costs
provisions of paragraph (4) of subsection (e) but addressed to the
petition covering the conversion of an abandoned unpatented oil
placer mining claim to a noncompetitive oil and gas lease.
"(g)(1) Except as otherwise provided in this section, a reinstated
lease shall be treated as a competitive or a noncompetitive oil and gas
lease in the same manner as the original lease issued pursuant to
section 17(b) or 17(c) of this Act. // 30 USC 226. //
"(2) Except as otherwise provided in this section, the issuance of a
lease in lieu of an abandoned patented oil placer mining claim shall be
treated as a noncompetitive oil and gas lease issued pursuant to section
17(c) of this Act.
"(h) The minimum royalty provisions of section 17(j) and the
provisions of section 39 of this Act // 30 USC 209. // shall be
applicable to leases issued pursuant to subsections (d) and (f) of this
section.
"(i)(1) In acting on a petition to issue a noncompetitive oil and gas
lease, under subsection (f) of this section or in response to a request
filed after issuance of such a lease, or both, the Secretary is
authorized to reduce the royalty on such lease if in his judgment it is
equitable to do so or the circumstances warrant such relief due to
uneconomic or other circumstances which could cause undue hardship or
premature termination of production.
"(2) In acting on a petition for reinstatement pursuant to subsection
(d) of this section or in response to a request filed after
reinstatement, or both, the Secretary is authorized to reduce the
royalty in that reinstated lease on the entire leasehold or any tract or
portion thereof segregated for royalty purposes if, in his judgment,
there are uneconomic or other circumstances which could cause undue
hardship or premature termination of production; or because of any
written action of the United States, its agents or employees, which
preceded, and was a major consideration in, the lessee's expenditure of
funds to develop the property under the lease after the rent had become
due and had not been paid; or if in the judgment of the Secretary it is
equitable to do so for any reason.".
Approved January 12, 1983.
LEGISLATIVE HISTORY-H.R. 5121 (S. 2305):
HOUSE REPORT No. 97 - 859 (Comm. on Interior and Insular Affairs).
SENATE REPORT No. 97 - 512 accompanying S. 2305 (Comm. on Energy and
Natural Resources).
CONGRESSIONAL RECORD, Vol. 128 (1982):
Sept. 29, considered and passed House.
Dec. 6, considered and passed Senate, amended, in lieu of H.R.
5121.
Dec. 13, House concurred in Senate amendments with an
amendment.
Dec. 16, Senate concurred in House amendment with an amendment.
Dec. 18, House concurred in Senate amendment with an amendment.
Dec. 21, Senate disagreed to House amendment; House receded
from its amendment and concurred in Senate amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 19, No. 2 (1983):
Jan. 12, Presidential statement.
PUBLIC LAW 97-450, 96 STAT. 2446
California, as the " B. F. Sisk Federal
Building".
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the building
located at 1130 O Street, Fresno, California 93721, known as the Federal
Building, shall hereafter be known and designated as the " B. F. Sisk
Federal Building". Any reference in a law, map, regulation, document,
record, or other paper of the United States to that building shall be
deemed to be a reference to the " B. F. Sisk Federal Building".
Approved January 12, 1983.
LEGISLATIVE HISTORY-- H.R. 5029:
CONGRESSIONAL RECORD, Vol. 128 (1982):
Dec. 17, considered and passed House.
Dec. 21, considered and passed Senate.
PUBLIC LAW 97-449, 96 STAT. 2413
certain general and permanent
laws related to transportation as subtitle I and
chapter 31 of subtitle II of title
49, United States Code, " Transportation".
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
49, UNITED STATES
CODE
Section 1. (a) Certain general and permanent laws of the United
States, related to transportation, are revised, codified, and enacted by
subsection (b) of this section without substantive change as subtitle I
and chapter 31 of subtitle II of title 49, United States Code, "
Transportation". Those laws may be cited as "49 U.S.C. Section ----".
(b) Title 49, United States Code, is amended by striking out the
table of subtitles at the beginning of the title and substituting the
following new table of subtitles and subtitles I and II:
Subtitle Sec.
I. DEPARTMENT OF TRANSPORTATION.............. 101
II. TRANSPORTATION PROGRAMS................... 3101
III. RESERVED-AIR TRANSPORTATION ............
IV. INTERSTATE COMMERCE.......................10101
V. RESERVED-MISCELLANEOUS ....................
Chapter............................................. Sec.
1. ORGANIZATION................................. 101
3. GENERAL DUTIES AND POWERS................. 301
5. SPECIAL AUTHORITY........................... 501
Sec.
101. Purpose.
102. Department of Transportation.
103. Federal Railroad Adminstration.
104. Federal Highway Administration.
105. National Highway Traffic Safety Administration.
106. Federal Aviation Administration.
107. Urban Mass Transportation Administration.
108. Coast Guard.
109. Maritime Administration.
110. St. Lawrence Seaway Development Corporation.
Section 101. // 49 USC 101. // Purpose
(a) The national objectives of general welfare, economic growth and
stability, and security of the United States require the development of
transportation policies and programs that contribute to providing fast,
safe, efficient, and convenient transportation at the lowest cost
consistent with those and other national objectives, including the
efficient use and conservation of the resources of the United States.
(b) A Department of Transportation is necessary in the public
interest and to--,
(1) ensure the coordinated and effective administration of the
transportation programs of the United States Government;
(2) make easier the development and improvement of coordinated
transportation service to be provided by private enterprise to the
greatest extent feasible;
(3) encourage cooperation of Federal, State, and local
governments, carriers, labor, and other interested persons to
achieve trasportation objectives;
(4) stimulate technological advances in transportation;
(5) provide general leadership in identifying and solving
transportation problems; and
(6) develop and recommend to the President and Congress
transportation policies and programs to achieve transportation
objectives considering the needs of the public, users, carriers,
industry, labor, and national defense.
Section 102. // 49 USC 102. // Department of Transportation
(a) The Department of Transportation is an executive department of
the United States Government at the seat of Government.
(b) The head of the Department is the secretary of Transportation.
The Secretary is appointed by the President, by and with the advice and
consent of the Senate.
(c) The Department has a Deputy Secretary of Transportation appointed
by the President, by and with the advice and consent of the Senate. The
Deputy Secretary--,
(1) shall carry out duties and powers prescribed by the
Secretary; and
(2) acts for the Secretary when the Secretary is absent or
unable to serve or when the office of Secretary is vacant.
(d) The Department has 4 Assistant Secretaries and a General Counsel
appointed by the President, by and with the advice and consent of the
Senate. The Department also has an Assistant Secretary of
Transportation for Administration appointed in the competitive service
by the Secretary, with the approval of the President. They shall carry
out duties and powers prescribed by the Secretary. An Assistant
Secretary or the General Counsel, in the order prescribed by the
Secretary, acts for the Secretary when the Secretary and the Deputy
Secretary are absent or unable to serve, or when the offices of the
Secretary and Deputy Secretary are vacant.
(e) The Department shall have a seal that shall be judicially
recognized.
Section 103. // 49 USC 103. // Federal Railroad Administration
(a) The Federal Railroad Administration is an administration in the
Department of Transportation. To carry out all railroad safety laws of
the United States, the Administration is divided on a geographical basis
into at least 8 safety offices. The Secretary of Transportation is
responsible for all acts taken under those laws and for ensuring that
the laws are uniformly administered and enforced among the safety
offices.
(b) The head of the Administration is the Administrator who is
appointed by the President, by and with the advice and consent of the
Senate. The Administrator reports directly to the Secretary.
(c) The Administrator shall carry out--,
(1) duties and powers related to railroad safety vested in the
Secretary by section 6(e) (1), (2), and (6)(A) of the Department
of Transportation Act (49 U.S.C. 1655(e) (1), (2), and (6) (A));
and
(2) additional duties and powers prescribed by the Secretary.
(d) A duty or power specified by subsection (c)(1) of this section
may be transferred to another part of the Department only when
specifically provided by law or a reorganization plan submitted under
chapter 9 of title 5. // 5 USC 901. // A decision of the Administrator
in carrying out those duties or powers and involving notice and hearing
required by law is administratively final.
Section 104. // 49 USC 104. // Federal Highway Administration
(a) The Federal Highway Administration is an administration in the
Department of Transportation.
(b)(1) The head of the Administration is the Administrator who is
appointed by the President, by and with the advice and consent of the
Senate. The Administrator reports directly to the Secretary of
Transportation.
(2) The Administration has a Deputy Federal Highway Administrator who
is appointed by the Secretary, with the approval of the President. The
Deputy Administrator shall carry out duties and powers prescribed by the
Administrator.
(3) The Administration has an Assistant Federal Highway Administrator
appointed in the competitive service by the Secretary, with the approval
of the President. The Assistant Administrator is the chief engineer of
the Administration. The Assistant Administrator shall carry out duties
and powers prescribed by the Administrator.
(c) The Administrator shall carry out--,
(1) duties and powers vested in the Secretary by chapter 4 of
title 23
// 23 USC 401. //
for highway safety programs, research, and development related to
highway design, construction and maintenace, traffic control
devices, identification and surveillance of accident locations,
and highway-related aspects of pedestrian safety;
(2) duties and powers related to motor carrier safety vested in
the Secretary by chapters 5 and 31 of this title; and
(3) additional duties and powers prescribed by the Secretary.
(d) A duty or power specified by subsection (c)(2) of this section
may be transferred to another part of the Department only when
specifically provided by law or a reorganization plan submitted under
chapter 9 of title 5. A decision of the Administrator in carrying out
those duties or powers and involving notice and hearing required by law
is administratively final.
Section 105. // 49 USC 105. // National Highway Traffic Safety
Administration
(a) The National Highway Traffic Safety Administration is an
administration in the Department of Transportation.
(b) The head of the Administration is the Administrator who is
appointed by the President, by and with the advice and consent of the
Senate. The Administration has a Deputy Administrator who is appointed
by the Secretary of Transportation, with the approval of the President.
(c) The Administrator shall carry out--,
(1) duties and powers vested in the Secretary by chapter 4 of
title 23,
// 23 USC 401. //
except those related to highway design, construction and
maintenance, traffic control devices, identification and
surveillance of accident locations, and highway-related aspects of
pedestrian safety; and
(2) additional duties and powers prescribed by the Secretary.
(d) The Secretary may carry out the National Traffic and Motor
Vehicle Safety Act of 1966 (15 U.S.C. 1381 et seq.) through the
Administrator.
(e) The Administrator shall consult with the Federal Highway
Administrator on all matters related to the design, construction,
maintenance, and operation of highways.
Section 106. // 49 USC 106. // Federal Aviation Administration
(a) The Federal Aviation Administration is an administration in the
Department of Transportation.
(b) The head of the Administration is the Administrator. The
Administration has a Deputy Administrator. They are appointed by the
President, by and with the advice and consent of the Senate. When making
an appointment, the President shall consider the fitness of the
individual to carry out efficiently the duties and powers of the office.
The Administrator reports directly to the Secretary of Transportation.
(c) The Administrator must--,
(1) be a citizen of the United States;
(2) be a civilian; and
(3) have experience in a field directly related to
aviation.
(d)(1) The Deputy Administrator must be a citizen of the United
States and have experience in a field directly related to aviation. An
officer on active duty in an armed force may be appointed as Deputy
Administrator. However, if the Administrator is a former regular
officer of an armed force, the Deputy Administrator may not be an
officer on active duty in an armed force, a retired regular officer of
an armed force, or a former regular officer of an armed force.
(2) An officer on active duty or a retired officer serving as Deputy
Adminstrator is entitled to hold a rank and grade not lower than that
held when appointed as Deputy Administrator. The Deputy Administrator
may elect to receive (A) the pay provided by law for the Deputy
Administrator, or (B) the pay and allowances or the retired pay of the
military grade held. If the Deputy Administrator elects to receive the
military pay and allowances or retired pay, the Administration shall
reimburse the appropriate military department from funds available for
the expenses of the Administration.
(3) The appointment and service of a member of the armed forces as a
Deputy Administrator does not affect the status, office, rank, or grade
held by that member, or a right or benefit arising from the status,
office, rank, or grade. The Secretary of a military department does not
control the member when the member is carrying out duties and powers of
the Deputy Administrator.
(e) The Administrator and the Deputy Administrator may not have a
pecuniary interest in, or own stock in or bonds of, an aeronautical
enterprise, or engage in another business, vocation, or employment.
(f) The Secretary shall carry out the duties and powers, and controls
the personnel and activities, of the Administration. The Secretary may
not submit decisions for the approval of, nor be bound by the decisions
or recommendations of, a committee, board, or organization established
by executive order.
(g) The Administrator shall carry out--,
(1) duties and powers of the Secretary related to aviation
safety (except those related to transportation, packaging,
marking, or description of hazardous materials) and vested in the
Secretary by section 308(b) of this title and sections 306 - 309,
312 - 314, 1101, 1105, and 1111 and titles VI, VII, IX, and XII of
the Federal Aviation Act of 1958 (49 U.S.C. 1347 - 1350, 1353--,
1355, 1421 et seq., 1441 et seq., 1471 et seq., 1501, 1505, 1511,
and 1521 et seq.); and
(2) additional duties and powers prescribed by the Secretary.
(h) Section 103 of the Federal Aviation Act of 1958 (49
U.S.C. 1303) applies to duties and powers specified in subsection
(g)(1) of this section. Any of those duties and powers may be
transferred to another part of the Department only when specifically
provided by law or a reorganization plan submitted under chapter 9 of
title 5. // 5 USC 901. // A decision of the Administrator in carrying
out those duties or powers is administratively final.
(i) The Deputy Administrator shall carry out duties and powers
prescribed by the Administrator. The Deputy Administrator acts for the
Administrator when the Administrator is absent or unable to serve, or
when the office of the Administrator is vacant.
Section 107. // 49 USC 107. // Urban Mass Transportation
Administration
(a) The Urban Mass Transportation Administration is an administration
in the Department of Transportation.
(b) The head of the Administration is the Administrator who is
appointed by the President, by and with the advice and consent of the
Senate. The Administrator reports directly to the Secretary of
Transportation.
(c) The Administrator shall carry out duties and powers prescribed by
the Secretary.
Section 108. // 49 USC 108. // Coast Guard
(a) Except when operating as a service in the Navy, the Coast Guard
is a part of the Department of Transportation. The Secretary of
Transportaion exercises all duties and powers related to the Coast Guard
vested in the Secretary of the Treasury, and other officers and offices
of the Department of Treasury, immediately before April 1, 1967.
(b) The Commandant is the Chief of the Coast Guard. In addition to
carrying out the duties and powers specified by law, the Commandant
shall carry out duties and powers prescribed by the Secretary of
Transportation. The Commandant reports directly to the Secretary.
Section 109. // 49 USC 109. // Maritime Aministration
(a) The Maritime Administration transferred by section 2 of the
Maritime Act of 1981 (46 U.S.C. 1601) is an administration in the
Department of Transportation.
(b) The Administrator of the Administration appointed under section 4
of the Maritime Act of 1981 (46 U.S.C. 1603) reports directly to the
Secretary of Transportation.
Section 110. // 49 USC 110. // Saint Lawrence Seaway Development
Corporation
(a) The St. Lawrence Seaway Development Corporation established under
section 1 of the Act of May 13, 1954 (33 U.S.C. 981), is subject to the
direction and supervision of the Secretary of Transportation.
(b) The Administrator of the Corporation appointed under section 2 of
the Act of May 13, 1954 (33 U.S.C. 982), reports directly to the
Secretary.
TRANSPORTATION
Sec.
301. Leadership, consultation, and cooperation.
302. Policy standards for transportation.
303. Policy on lands, wildlife and waterfowl refuges, and historic
sites.
304. Joint activities with the Secretary of Housing and Urban
Development.
305. Transportation investment standards and criteria.
306. Prohibited discrimination.
307. Safety information and intervention in Interstate Commerce
Commission proceedings.
308. Annual reports.
321. Definitions.
322. General powers.
323. Personnel.
324. Members of the armed forces.
325. Advisory committees.
326. Gifts.
327. Administrative working capital fund.
328. Transportation Systems Center working capital fund.
329. Transportation information.
330. Research contracts.
331. Service, supplies, and facilities at remote places.
332. Minority Resource Center.
333. Responsibility for rail transportation unification and
coordination projects.
334. Limit on aviation charges.
335. Authorization of appropriations.
Section 301. // 49 USC 301. // Leadership, consultation, and
cooperation
The Secretary of Transportation shall--,
(1) under the direction of the President, exercise leadership
in transportation matters, including those matters affecting
national defense and those matters involving national or regional
emergencies;
(2) provide leadership in the development of transportation
policies and programs, and make recommendations to the President
and Congress for their consideration and implementation;
(3) promote and undertake the development, collection, and
dissemination of technological, statistical, economic, and other
information relevant to domestic and international transportation;
(4) consult and cooperate with the Secretary of Labor in
compiling information regarding the status of labor-management
contracts and other labor-management problems and in promoting
industrial harmony and stable employment conditions in all modes
of transportation;
(5) promote and undertake research and development related to
transportation, including noise abatement, with particular
attention to aircraft noise;
(6) consult with the heads of other departments, agencies, and
instrumentalities of the United States Government on the
transportation requirements of the Government, including
encouraging them to establish and observe policies consistent with
maintaining a coordinated transportation system in procuring
transportation or in operating their own transport services; and
(7) consult and cooperate with State and local
governments, carriers, labor, and other interested persons,
including, when
appropriate, holding informal public hearings.
Section 302. // 49 USC 302. // Policy standards for transportation
(a) The Secretary of Transportation is governed by the transportation
policy of sections 10101 and 10101a of this title in addition to other
laws.
(b) Subtitle I and chapter 31 of subtitle II of this title and the
Department of Transportation Act (49 U.S.C. 1651 et seq.) do not
authorize, without appropriate action by Congress, the adoption,
revision, or implementation of a transportation policy or investment
standards or criteria.
(c) The Secretary shall consider the needs--,
(1) for effectiveness and safety in transportation systems;
and
(2) of national defense.
Section 303. // 49 USC 303. // Policy on lands, wildlife and
waterfowl refuges, and historic sites
(a) It is the policy of the United States Government that special
effort should be made to preserve the natural beauty of the country--,
side and public park and recreation lands, wildlife and waterfowl
refuges, and historic sites.
(b) The Secretary of Transportation shall cooperate and consult with
the Secretaries of the Interior, Housing and Urban Development, and
Agriculture, and with the States, in developing transportation plans and
programs that include measures to maintain or enhance the natural beauty
of lands crossed by transportation activities or facilities.
(c) The Secretary may approve a transportation program or project
requiring the use of publicly owned land of a public park, recreation
area, or wildlife and waterfowl refuge of national, State, or local
significance, or land of an historic site of national, State, or local
significance (asdetermined by the Federal, State, or local officials
having jurisdiction over the park, area, refuge, or site) only if--,
(1) there is no prudent and feasible alternative to using that
land; and
(2) the program or project includes all possible planning to
minimize harm to the park, recreation area, wildlife and waterfowl
refuge, or historic site resulting from the use.
Section 304. // 49 USC 304. // Joint activities with the Secretary
of Housing and Urban Development
(a) The Secretary of Transportation and the Secretary of Housing and
Urban Development shall--,
(1) consult and exchange information about their respective
transportation policies and activities;
(2) carry out joint planning, research, and other activities;
(3) coordinate assistance for local transportation
projects; and
(4) jointly study methods by which policies and programs of the
United States Government can ensure that urban transportation
systems most effectively serve both transportation needs of the
United States and the comprehensively planned development of urban
areas.
(b) The Secretaries shall report on April 1 of each year to the
President, for submission to Congress, on their studies and other
activities under this section, including legislative recommendations
they consider desirable.
Section 305. // 49 USC 305. // Transportation investment standards
and criteria
(a) Subject to sections 301 - 304 of this title, the Secretary of
Transportation shall develop standards and criteria to formulate and
economically evaluate all proposals for investing amounts of the United
States Government in transportation facilities and equipment. Based on
experience, the Secretary shall revise the standards and criteria. When
approved by Congess, the Secretary shall prescribe standards and
criteria developed or revised under this subsection. This subsection
does not apply to--,
(1) the acquisition of transportation facilities or equipment
by a department, agency, or instrumentality of the Government to
provide transportation for its use;
(2) an inter-oceanic canal located outside the 48 contiguous
States;
(3) defense features included at the direction of the
Department of Defense in designing and constructing civil air,
sea, or land transportation;
(4) foreign assistance programs;
(5) water resources projects; or
(6) grant-in-aid programs authorized by law.
(b) A department, agency, or instrumentality of the Government
preparing a survey, plan, or report that includes a proposal about which
the Secretary has prescribed standards and criteria under subsection (a)
of this section shall--,
(1) prepare the survey, plan, or report under those standards
and criteria and on the basis of information provided by the
Secretary on the--,
(2) coordinate the survey, plan, or report--,
local governments,
and include their views and comments; and
(3) send the survey, plan, or report to the President for
disposition under law and procedure established by the President.
Section 306. // 49 USC 306. // Prhibited discrimination
(a) In this section, "financial assistance" includes obligation
guarantees.
(b) A person in the United States may not be excluded from
participating in, be denied the benefits of, or be subject to
discrimination under, a project, program, or activity because of race,
color, national origin, or sex when any part of the project, program, or
activity is financed through financial assistance under section 332 of
this title, section 211 or 216 of the Regional Rail Reorganization Act
of 1973 (45 U.S.C. 721, 726), title V or VII of the Railroad
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821 et seq.,
851 et seq.), or section 4(i) or 5 of the Department of Transportation
Act (49 U.S.C. 1653(i), 1654).
(c) When the Secretary of Transportation decides that a person
receiving financial assistance under a law referred to in subsection (b)
of this section has not complied with that subsection, a Federal civil
rights law, or an order or regulation issued under a Federal civil
rights law, the Secretary shall notify the person of the decision and
require the person to take necessary action to ensure compliance with
that subsection.
(d) If a person does not comply with subsection (b) of this section
within a reasonable time after receiving a notice under subsection (c)
of this section, the Secretary shall take at least one of the following
actions:
(1) direct that no more Federal financial assistance be
provided the person.
(2) refer the matter to the Attorney General with a
recommendation that a civil action be brought against the person.
(3) carry out the duties and powers provided by title VI of the
Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).
(4) take other action provided by law.
(e) When a matter is referred to the Attorney General under
subsection (d)(2) of this section, or when the Attorney General has
reason to believe that a person is engaged in a pattern or practice
violating this section, the Attorney General may begin a civil action in
a district court of the United States for appropriate relief.
Section 307. // 49 USC 307. // Safety information and intervention
in Interstate Commerce Commission proceedings
(a) The Secretary of Transportation shall inspect promptly the safety
compliance record in the Department of Transportation of each person
applying to the Interstate Commerce Commission for authority to provide
transportation or freight forwarder service. The Secretary shall report
the findings of the inspection to the Commission.
(b) When the Secretary is not satisfied with the safety record of a
person applying for permanent authority to provide transportation or
freight forwarder service, or for approval of a proposed transfer of
permanent authority, the Secretary shall intervene and present evidence
of the fitness of the person to the Commission in its proceedings.
(c) When requested by the Commission, the secretary shall--,
(1) provide the Commission with a complete report on the safety
compliance of a carrier providing transportation or freight
forwarder service subject to its jurisdiction;
(2) provide promptly a statement of the safety record of a
person applying to the Commission for temporary authority to
provide transportation;
(3) intervene and present evidence in a proceeding in which a
finding of fitness is required; and
(4) make additional safety compliance surveys and inspections
the Commission decides are desirable to allow it to act on an
application or to make a finding on the fitness of a carrier.
Section 308. // 49 USC 308. // Annual reports
(a) As soon as practicable after the end of each fiscal year, the
Secretary of Transportation shall report to the President, for
submission to Congress, on the activities of the Department of
Transportation during the prior fiscal year. The report shall include a
complete statement on the effectiveness of the United States Railway
Association and the Consolidated Rail Corporation in carrying out the
purposes of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 701
et seq.).
(b) The Secretary shall submit to the President and Congress each
year a report on the aviation activities of the Department. The report
shall include--,
(1) collected information the Secretary considers valuable in
deciding questions about--,
(2) recommendations for additional legislation and other action
the Secretary considers necessary.
(c) The Secretary shall submit to Congress each year a report on the
conditions of the public ports of the United States, including the--,
(1) economic and technological development of the ports;
(2) extent to which the ports contribute to the national
welfare and security; and
(3) factors that may impede the continued development of the
ports.
Section 321. // 49 USC 321. // Definitions
In this subchapter, "aeronautics", "air commerce", and "air
navigation facility" have the same meanings given those terms in section
101(2), (4), and (8) of the Federal Aviation Act of 1958 (49 U. S.C.
1301(2), (4), (8)), respectively.
Section 322. // 49 USC 322. // General powers
(a) The Secretary of Transportation may prescribe regulations to
carry out the duties and powers of the Secretary. An officer of the
Department of Transportation may prescribe regulations to carry out the
duties and powers of the officer.
(b) The Secretary may delegate, and authorize successive delegations
of, duties and powers of the secretary to an officer or employee of the
Department. An officer of the Department may delegate, and authorize
successive delegations of, duties and powers of the officer to another
officer or employee of the Department. However, the duties and powers
specified in sections 103(c)(1), 104(c)(1), and 106(g)(1) of this title
may not be delegated to an officer or employee outside the
Administration concerned.
(c) On a reimbursable basis when appropriate, the Secretary may, in
carrying out aviation duties and powers--,
(1) use the available services, equipment, personnel, and
facilities of other civilian or military departments, agencies,
and instrumentalities of the United States Government, with their
consent;
(2) cooperate with those departments, agencies, and
instrumentalities in establishing and using aviation services,
equipment, and facilities of the Department;and
(3) confer and cooperate with, and use the services, records,
and facilities of, State, territorial, municipal, and other
agencies.
(d) The Secretary may make expenditures to carry out aviation duties
and powers, including expenditures for--,
(1) rent and personal services;
(2) travel expenses;
(3) office furniture, equipment, supplies, lawbooks,
newspapers, periodicals, and reference books, including exchanges;
(4) printing and binding;
(5) membership in and cooperation with domestic or foreign
organizations related to, or a part of, the civil aeronautics
industry or the art of aeronautics;
(6) payment of allowances and other benefits to employees
stationed in foreign countries to the same extent authorized for
members of the Foreign Service of comparable grade;
(7) investigations and studies about aeronautics; and
(8) acquiring, exchanging, operating, and maintaining
passenger--, carrying aircraft and automobiles and other property.
(e) The Secretary may negotiate, without advertising, the purchase of
technical or special property related to air navigation when the
Secretary decides that--,
(1) making the property would require a substantial initial
investment or an extended period of preparation; and
(2) procurement by advertising would likely result in
additional cost to the Government by duplication of investment or
would result in duplication of necessary preparation that would
unreasonably delay procuring the property.
Section 323. // 49 USC 323. // Personnel
(a) The Secretary of Transportation may appoint and fix the pay of
officers and employees of the Department of Transportation and may
prescribe their duties and powers.
(b) The Secretary may procure services under section 3109 of title 5.
However, an individual may be paid not more than $100 a day for
services.
Section 324. // 49 USC 324. // Members of the armed forces
(a) The Secretary of Transportation--,
(1) to ensure that national defense interests are safeguarded
properly and that the Secretary is advised properly about the
needs and special problems of the armed forces, shall provide for
participation of members of the armed forces in carrying out the
duties and powers of the Secretary related to the regulation and
protection of air traffic, including providing for, and research
and development of, air navigation facilities, and the allocation
of airspace; and
(2) may provide for participation of members of the armed
forces in carrying out other duties and powers of the Secretary.
(b) A member of the Coast Guard on active duty may be appointed,
detailed, or assigned to a position in the Department of Transportation,
except the position of Secretary, Deputy Secretary, or Assistant
Secretary for Administration. A retired member of the Coast Guard may
be appointed, detailed, or assigned to a position in the Department.
(c) The Secretary of Transportation and the Secretary of a military
department may make cooperative agreements, including agreements on
reimbursement as may be considered appropriate by the Secretaries, under
which a member of the armed forces may be appointed, detailed, or
assigned to the Department of Transportation under this section. The
Secretary of Transportation shall send a report each year to the
appropriate committees of Congress on agreements made to carry out
subsection (a)(2) of this section, including the number, rank, and
position of each member appointed, detailed, or assigned under those
agreements.
(d) The Secretary of a military department does not control the
duties and powers of a member of the armed forces appointed, detailed,
or assigned under this section when those duties and powers pertain to
the Department of Transportation. A member of the armed forces
appointed, detailed, or assigned under subsection (a)(2) of this section
may not be charged against a statutory limitation on grades or strengths
of the armed forces. The appointment, detail,or assignment and service
of a member under this section to a position in the Department of
Transportation does not affect the status, office, rank, or grade held
by that member, or a right or benefit arising from that status, office,
rank, or grade.
Section 325. // 49 USC 325. // Advisory committees
(a) Without regard to the provisions of title 5 governing appointment
in the competitive service, the Secretary of Transportation may appoint
advisory committees to consult with and advise the Secretary in carrying
out the duties and powers of the Secretary.
(b) While attending a committee meeting or otherwise serving at the
request of the Secretary, a member of an advisory committee may be paid
not more than $100 a day. A member is entitled to reimbursement for
expenses under section 5703 of title 5. // 5 USC 5703. // This
subsection does not apply to individuals regularly employed by the
United States Government.
(c) A member of an advisory committee advising the Secretary in
carrying out aviation duties and powers may serve for not more than 100
days in a calendar year.
Section 326. // 49 USC 326. // Gifts
(a) The Secretary of Transportation may accept and use conditional or
unconditional gifts of property for the Department of Transportation.
The Secretary may accept a gift of services in carrying out aviation
duties and powers. Property accepted under this section and proceeds
from that property must be used, as nearly as possible, under the terms
of the gift.
(b) The Department has a fund in the Treasury. Disbursements from
the fund are made on order of the Secretary. The fund consists of--,
(1)gifts of money;
(2) income from property accepted under this section and
proceeds from the sale of that property; and
(3) income from securities under subsection (c) of this
section.
(c) On request of the Secretary of Transportation, the Secretary of
the Treasury may invest and reinvest amounts in the fund in securities
of, or in securities whose principal and interest is guaranteed by, the
United States Government.
(d) Property accepted under this section is a gift to or for the use
of the Government under the Internal Revenue Code of 1954 (26 U.S.C. 1
et seq.).
Section 327. // 49 USC 327. // Administrative working capital fund
(a) The Department of Transportation has an administrative working
capital fund. Amounts in the fund are available for expenses of
operating and maintaining common adminstrative services the Secretary of
Transportation decides are desirable for the efficiency and economy of
the Department. The services may include--,
(1) a central supply service for stationery and other supplies
and equipment through which adequate stocks may be maintained to
meet the requirements of the Department;
(2) central messenger, mail, telephone, and other
communications services;
(3) office space;
(4) central services for document reproduction, and for
graphics and visual aids; and
(5) a central library service.
(b) Amounts in the fund are available without regard to fiscal year
limitation. Amounts may be appropriated to the fund.
(c) The fund consists of--,
(1) amounts appropriated to the fund;
(2) the reasonable value of stocks of supplies, equipment, and
other assets and inventories on order that the Secretary transfers
to the fund, less the related liabilities and unpaid obligations;
(3) amounts received from the sale or exchange of property;
and
(4) payments received for loss or damage to property of the
fund.
(d) The fund shall be reimbursed, in advance, from amounts available
to the Department or from other sources, for supplies and services at
rates that will approximate the expenses of operation, including the
accrual of annual leave and the depreciation of equipment. Amounts in
the fund, in excess of amounts transferred or appropriated to maintain
the fund, shall be deposited in the Treasury as miscellaneous receipts.
All assets, liabilities, and prior losses are considered in determining
the amount of the excess.
Section 328. // 49 USC 328. // Transportation Systems Center working
capital fund
(a) The Department of Transportation has a Transportation Systems
Center working capital fund. Amounts in the fund are available for
financing the activities of the Center, including research, development,
testing, evaluation, analysis, and related activities the Secretary of
Transportation approves, for the Department, other agencies, State and
local governments, other public authorities, private organizations, and
foreign countries.
(b) Amounts in the fund are available without regard to fiscal year
limitation. Amounts may be appropriated to the fund.
(c) The capital of the fund consists of--,
(1) amounts appropriated to the fund;
(2) net assets of the Center as of October 1, 1980, including
unexpended advances made to the Center for which valid obligations
were incurred before October 1, 1980;
(3) the reasonable value of property and other assets
transferred to the fund after September 30, 1980, less the related
liabilities and unpaid obligations; and
(4) the reasonable value of property and other assets donated
to the fund.
(d) The fund shall be reimbursed or credited with--,
(1) advance payments from applicable funds or appropriations of
the Department and other agencies, and with advance payments from
other sources, the Secretary authorizes, for--,
overhead;
and
(2) receipts from the sale or exchange of property or in
payment for loss or damage of property held by the fund.
(e) The Secretary shall deposit at the end of each fiscal
year, in the Treasury as miscellaneous receipts, amounts accruing in
the fund that the Secretary decides are in excess of the needs of the
fund.
Section 329. // 49 USC 329. // Transportation information
(a) The Secretary of Transportation may collect and collate
transportation information the Secretary decides will contribute to the
improvement of the transportation system of the United States. To the
greatest practical extent, the Secretary shall use information available
from departments, agencies, and instrumentalities of the United States
Government and other sources. To the extent practical, the Secretary
shall make available to other Government departments, agencies, and
instrumentalities and to the public the information collected under this
subsection.
(b) The Secretary shall--,
(1) collect and disseminate information on civil aeronautics
(other than that collected and disseminated by the National
Transportation Safety Board under title VII of the Federal
Aviation Act of 1958 (49 U.S.C. 1441 et seq.) or the Civil
Aeronautics Board under title IV of that Act (49 U.S.C. 1371 et
seq.));
(2) study the possibilities of developing air commerce and the
aeronautical industry; and
(3) exchange information on civil aeronautics with governments
of foreign countries through appropriate departments, agencies,
and instrumentalities of the Government.
(c)(1) On the written request of a person, a State, territory, or
possession of the United States, or a political subdivision of a State,
territory, or possession, the Secretary may--,
(A) make special statistical studies on foreign and domestic
transportation;
(B) make special studies on other matters related to duties and
powers of the Secretary;
(C) prepare, from records of the Department of Transportation,
special statistical compilations; and
(D) provide transcripts of studies, tables, and other records
of the Department.
(2) The person or governmental authority requesting information under
paragraph (1) of this subsection must pay the actual cost of preparing
the information. Payments shall be deposited in the Treasury in an
account that the Secretary shall administer. The Secretary may use
amounts in the account for the ordinary expenses incidental to getting
and providing the information.
(d) To assist in carrying out duties and powers under the Federal
Aviation Act of 1958 (49 U.S.C. 1301 et seq.), the Secretary of
Transportation shall maintain separate cooperative agreements with the
Secretary of Defense and the Administrator of the National Aeronautics
and Space Administration for the timely exchange of information on their
programs, policies, and requirements directly related to carrying out
that Act.
Section 330. // 49 USC 330. // Research contracts
(a) The Secretary of Transportation may make contracts with
educational institutions, public and private agencies and organizations,
and persons for scientific or technological research into a problem
related to programs carried out by the Secretary. Before making a
contract, the Secretary must require the institution, agency,
organization, or person to show that it is able to carry out the
contract.
(b) In carrying out this section, the Secretary shall--,
(1) give advice and assistance the Secretary believes will best
carry out the duties and powers of the Secretary;
(2) participate in coordinating all research started under this
section;
(3) indicate the lines of inquiry most important to the
Secretary; and
(4) encourage and assist in establishing and maintaining
cooperation by and between contractors and between them and other
research organizations, the Department of Transportation, and
other departments, agencies, and instrumentalities of the United
States Government.
(c) The Secretary may distribute publications containing information
the Secretary considers relevant to research carried out under this
section.
Section 331. // 49 USC 331. // Service, supplies, and facilities at
remote places
(a) When necessary and not otherwise available, the Secretary of
Transportation may provide for, construct, or maintain the following for
officers and employees of the Department of Transportation and their
dependents stationed in remote places:
(1) emergency medical services and supplies.
(2) food and other subsistence supplies.
(3) messing facilities.
(4) motion picture equipment and film for recreation and
training.
(5) living and working quarters and facilities.
(6) reimbursement for food, clothing, medicine, and other
supplies provided by an officer or employee in an emergency for
the temporary relief of individuals in distress.
(b) The Secretary shall prescribe reasonable charges for services,
supplies, and facilities provided under subsection (a) (1), (2), and (3)
of this section. Amounts received under this subsection shall be
credited to the appropriation from which the expenditure was made.
(c) When appropriations for a fiscal year for aviation duties and
powers have not been made before June 1 immediately before the beginning
of the fiscal year, the Secretary may designate an officer, and
authorize that officer, to incur obligations to buy and transport
supplies to carry out those duties and powers at installations outside
the 48 contiguous States and the District of Columbia. The amount
obligated under this subsection in a fiscal year may be not more than 75
percent of the amount available for buying and transporting supplies to
those installations for the then current fiscal year. Payment of
obligations under this subsection shall be made from appropriations for
the next fiscal year when available.
Section 332. Minority Resource Center
(a) In this section, "minority" includes women.
(b) The Department of Transportation has a Minority Resource Center.
The Center may--,
(1) include a national information clearinghouse for minority
entrepreneurs and businesses to disseminate information to them on
business opportunities related to the maintenance, rehabilitation,
restructuring, improvement, and revitalization of the railroads of
the United States;
(2) carry out market research, planning, economic and business
analyses, and feasibility studies to identify those business
opportunities;
(3) assist minority entrepreneurs and businesses in obtaining
investment capital and debt financing;
(4) design and carry out programs to encourage, promote, and
assist minority entrepreneurs and businesses in getting contracts,
subcontracts, and projects related to those business
opportunities;
(5) develop support mechanisms (including venture capital,
surety and bonding organizations, and management and technical
services) that will enable minority entrepreneurs and businesses
to take advantage of those business opportunities;
(6) participate in, and cooperate with, United States
Government programs and other programs designed to provide
financial, management, and other forms of support and assistance
to minority entrepreneurs and businesses; and
(7) make arrangements to carry out this section.
(c) The Center has an advisory committee of 5 individuals appointed
by the Secretary of Transportation. The Secretary shall make the
appointments from lists of qualified individuals recommended by
minority-dominated trade associations in the minority business
community. Each of those trade associations may submit a list of not
more than 3 qualified individuals.
(d) The United States Railway Association, the Consolidated Rail
Corporation, and the Secretary shall provide the Center with relevant
information (including procurement schedules, bids, and specifications
on particular maintenance, rehabilitation, restructuring, improvement,
and revitalization projects) the Center requests in carrying out this
section.
Section 333. // 49 USC 333. // Responsibility for rail
transportation unification and coordination projects
(a) The Secretary of Transportation may develop and make available to
interested persons any plans, proposals, and recommendations for
mergers, consolidations, reorganizations, and other unification or
coordination projects for rail transportation (including arrangements
for joint use of tracks and other facilities and acquisition or sale of
assets) that the Secretary believes will result in a rail system that is
more efficient and consistent with the public interest.
(b) To achieve a more efficient, economical, and viable rail system
in the private sector, the Secretary, when requested by a rail carrier
and under this section, may assist in planning, negotiating, and
carrying out a unification or coordination of operations and facilities
of at least 2 rail carriers.
(c)(1) The Secretary may conduct studies to determine the potential
cost savings and possible improvements in the quality of rail
transportation that are likely to result from unification or
coordination of at least 2 rail carriers, through--,
(A) elimination of duplicating or overlapping operations and
facilities;
(B) reducing switching operations;
(C) using the shortest or more efficient and economical routes;
(D) exchanging trackage rights;
(E) combining trackage and terminal or other facilities;
(F) upgrading tracks and other facilities used by at least 2
rail carriers;
(G) reducing administrative and other expenses; and
(H) other measures likely to reduce costs and improve rail
transportation.
(2) When the Secretary requests information for a study under this
section, a rail carrier shall provide the information requessted. In
carrying out this section, the Secretary may designate an officer or
employee to get from a rail carrier information on the kind, quality,
origin, destination, consignor, consignee, and routing of property.
This information may be obtained without the consent of the consignor or
consignee notwithstanding section 11910(a)(1) of this title. // 49 USC
1910. // When appropriate, the designated officer or employee has the
powers described in section 203(c) of the Regional Rail Reorganization
Act of 1973 // 45 USC 213. // to carry out this section, but a subpena
must be issued under the signature of the Secretary.
(d)(1) When requested by a rail carrier, the Secretary may hold
conferences on and mediate disputes resulting from a proposed
unification or coordination project. The Secretary may invite to a
conference--,
(A) officers and directors of an affected rail carrier;
(B) representatives of rail carrier employees who may be
affected;
(C) representatives of the Interstate Commerce Commission;
(D) State and local government officials, shippers, and
consumer representatives; and
(E) representatives of the Federal Trade Commission and the
Attorney General.
(2) A person attending or represented at a conference on a proposed
unification or coordination project is not liable under the antitrust
laws of the United States for any discussion at the conference and for
any agreements reached at the conference, that are entered into with the
approval of the Secretary to achieve or determine a plan of action to
carry out the unification or coordination project.
(e) When the approval of a proposal submitted by a rail carrier for a
merger or other action is subject to the jurisdiction of the Interstate
Commerce Commission under section 11343(a) of this title, // 49 USC
11343. // the Secretary may study the proposal to decide whether it
satisfies section 11344(b) of this title. // 49 USC 11344. // When the
proposal is the subject of an application and proceeding before the
Commission, the Secretary may appear in any proceeding related to the
application.
Section 334. // 49 USC 334. // Limit on aviation charges
The Secretary of Transportation may impose a charge for an approval,
test, authorization, certificate, permit, registration, transfer, or
rating related to aviation that has not been approved by Congress only
when the charge (1) was in effect on January 1, 1973, and (2) is not
more than the charge that was in effect on that date. However, this
section does not apply to a charge for a test, authorization,
certificate, permit,or rating related to an airman or repair station
administered or issued outside of the United States, as defined in
section 101(41) of the Federal Aviation Act of 1958 (49 U.S.C. 1301(
41)).
Section 335. // 49 USC 335. // Authorization of appropriations
(a) The following amounts may be appropriated to the Secretary of
Transportation:
(1) for necessary expenses of the Office of the Secretary
(including not more than $27,000 for allocation within the
Department of Transportation of official reception and
representation expenses as determined by the Secretary) not more
than $35,193,204 for each of the fiscal years ending September 30,
1983, and September 30, 1984.
(2) for necessary expenses of carrying out transportation
planning, research, and development activities, including
collecting national transportation statistics, $10,486,615 for
each of the fiscal years ending September 30, 1983, and September
30, 1984.
(3) for necessary expenses of the Minority Business Resource
Center not otherwise provided for, not more than $10,000,000 for
each of the fiscal years ending September 30, 1983, and September
30, 1984, to remain available until expended.
(4) for necessary expenses of carrying out the duties and
powers of the Research and Special Programs Administration, not
more than $32,300,000 for the fiscal year ending September 30,
1983, and $33,300,000 for the fiscal year ending September 30,
1984.
(b) The Secretary may use only amounts appropriated for the Office of
the Secretary that are authorized for that Office by subsection (a) of
this section.
Sec.
501. Definitions and application.
502. General authority.
503. Service of notice and process on certain motor carriers of
migrant workers and on motor private carriers.
504. Reports and records.
505. Arrangements and public records.
506. Authority to investigate.
507. Enforcement.
521. Civil penalties.
522. Reporting and record keeping violations.
523. Unlawful disclosure of information.
524. Evasion of regulation of motor carriers.
525. Disobedience to subpenas.
526. General criminal penalty when specific penalty not provided.
Section 501. // 49 USC 501. // Definitions and application
(a) In this chapter--,
(1) the definitions in section 10102 of this title
// 49 USC 10102. //
apply.
(2) "migrant worker" has the same meaning given that term in
section 3101 of this title.
(3) "motor carrier of migrant workers" means a motor carrier of
migrant worker subject to the jurisdiction of the Secretary of
Transportation under section 3102(c) of this title.
(b) This chapter only applies in carrying out--,
(1) chapter 31 of this title; and
(2) other duties and powers transferred to the Secretary under
section 6(e) of the Department of Transportation Act (49 U.S.C.
1655(e)) and vested in the Interstate Commerce Commission before
October 15, 1966.
Section 502. // 49 USC 502. // General authority
(a) The Secretary of Transportation shall carry out this chapter.
(b) The Secretary may--,
(1) inquire into and report on the management of the business
of rail carriers and motor carriers;
(2) inquire into and report on the management of the business
of a person controlling, controlled by, or under common control
with those carriers to the extent that the business of the person
is related to the management of the business of that carrier; and
(3) obtain from those carriers and persons information the
Secretary determines to be necessary.
(c) In carrying out this chapter as it applies to motor carriers,
motor carriers of migrant workers, and motor private carriers, the
Secretary may--,
(1) confer and hold joint hearings with State authorities;
(2) cooperate with and use the services, records, and
facilities of State authorities; and
(3) make cooperative agreements with a State to enforce the
safety laws and regulations of a State and the United States
related to highway transportation.
(d) The Secretary may subpena witnesses and records related to a
proceeding or investigation under this chapter from a place in the
United States to the designated place of the proceeding or
investigation. If a witness disobeys a subpena, the Secretary, or a
party to a proceeding or investigation before the Secretary, may
petition the district court for the judicial district in which the
proceeding or investigation is conducted to enforce the subpena. The
court may punish a refusal to obey an order of the court to comply with
a subpena as a contempt of court.
(e)(1) In a proceeding or investigation, the Secretary may take
testimony of a witness by deposition and may order the witness to
produce records. A party to a proceeding or investigation pending
before the Secretary may take the testimony of a witness by deposition
and may require the witness to produce records at any time after a
proceeding or investigation is at issue on petition and answer. If a
witness fails to be deposed or to produce records under this subsection,
the Secretary may subpena the witness to take a deposition, produce the
records, or both.
(2) A deposition may be taken before a judge of a court of the United
States, a United States magistrate, a clerk of a district court, or a
chancellor, justice, or judge of a supreme or superior court, mayor or
chief magistrate of a city, judge of a county court, or court of common
pleas of any State, or a notary public who is not counsel or attorney of
a party or interested in the proceeding or investigation.
(3) Before taking a deposition, reasonable notice must be given in
writing by the party or the attorney of that party proposing to take a
deposition to the opposing party or the attorney of record of that
party, whoever is nearest. The notice shall state the name of the
witness and the time and place of taking the deposition.
(4) The testimony of a person deposed under this subsection shall be
taken under oath. The person taking the deposition shall prepare, or
cause to be prepared, a transcript of the testimony taken. The
transcript shall be subscribed by the deponent.
(5) The testimony of a witness who is in a foreign country may be
taken by deposition before an officer or person designated by the
Secretary or agreed on by the parties by written stipulation filed with
the Secretary. The deposition shall be filed with the Secretary
promptly.
(f) Each witness summoned before the Secretary or whose deposition is
taken under this section and the individual taking the deposition are
entitled to the same fees and mileage paid for those services in the
courts of the United States.
Section 503. // 49 USC 503. // Service of notice and process on
certain motor carriers of migrant workers and on motor private carriers
(a) Each motor carrier of migrant workers (except a motor contract
carrier) and each motor private carrier shall designate an agent by name
and post office address on whom service of notices in a proceeding
before, and actions of, the Secretary of Transportation may be made.
The designation shall be in writing and filed with the Secretary. The
carrier also shall file the designation with the authority of each State
in which it operates having jurisdiction to regulate transportation by
motor vehicle in intrastate commerce on the highways of that State. The
designation may be changed at any time in the same manner as originally
made.
(b) A notice of the Secretary to a carrier under this section is
served personally or by mail on that carrier or its designated agent.
Service by mail on the designated agent is made at the address filed for
the agent. When notice is given by mail, the date of mailing is
considered to be the time when the notice is served. If the carrier
does not have a designated agent, service may be made by posting a copy
of the notice in the office of the secretary or clerk of the authority
having jurisdiction to regulate transportation by motor vehicle in
intrastate commerce on the highways of the State in which the carrier
maintains headquarters and with the Secretary.
(c) Each of those carriers, including such a carrier operating in the
United States while providing transportation between places in a foreign
country or between a place in one foreign country and a place in another
foreign country, shall designate an agent in each State in which it
operates by name and post office address on whom process issued by a
court with subject matter jurisdiction may be served in an action
brought against that carrier. The designation shall be in writing and
filed with the Secretary and with the authority of each State in which
the carrier operates having jurisdiction to regulate transportation by
motor vehicle in intrastate commerce on the highways of that State. If
a designation under this subsection is not made, service may be made on
any agent of the carrier in that State. The designation may be changed
at any time in the same manner as originally made.
Section 504. // 49 USC 504. // Reports and records
(a) In this section--,
(1) "association" means an organization maintained by or in the
interest of a group of rail carriers, motor carriers, motor
carriers of migrant workers, or motor private carriers that
performs a service, or engages in activities, related to
transportation of that carrier.
(2) "carrier" means a motor carrier, motor carrier of migrant
workers, motor private carrier, and rail carrier.
(3) "lessor" means a person owning a railroad that is leased to
and operated by a rail carrier, and a person leasing a right to
operate as a motor carrier, motor carrier of migrant workers, or
motor private carrier to another.
(4) "lessor" and "carrier" include a receiver or trustee of
that lessor or carrier, respectively.
(b)(1) The Secretary of Transportation may prescribe the form of
records required to be prepared or compiled under this section by--,
(A) carriers and lessors; and
(B) a person furnishing cars or protective service against heat
or cold to or for a rail carrier.
(2) The Secretary may require--,
(A) carriers, lessors, associations, or classes of them as the
Secretary may prescribe, to file annual, periodic, and special
reports with the Secretary containing answers to questions asked
by the Secretary; and
(B) a person furnishing cars or protective service against heat
or cold to a rail carrier to file reports with the Secretary
containing answers to questions about those cars or service.
(c) The Secretary, or an employee designated by the
Secretary, may on demand and display of proper credentials--,
(1) inspect the equipment of a carrier or lessor; and
(2) inspect and copy any record of--,
inspection
relevant to that person's relation to, or transaction
with,
that carrier; and
prescribed
the form of that record.
(d) The Secretary may prescribe the time period during which records
must be preserved by a carrier, lessor, and person furnishing cars or
protective service.
(e)(1) An annual report shall contain an account, in as much detail
as the Secretary may require, of the affairs of a carrier, lessor, or
association for the 12-month period ending on the 31st day of December
of each year. The annual report shall be filed with the Secretary by
the end of the 3d month after the end of the year for which the report
is made unless the Secretary extends the filing date or changes the
period covered by the report.
(2) The annual report and, if the Secretary requires, any other
report made under this section shall be made under oath.
(f) No part of a report of an accident occurring in operations of a
motor carrier, motor carrier of migrant workers, or motor private
carrier and required by the Secretary, and no part of a report of an
investigation of the accident made by the Secretary, may be admitted
into evidence or used in a civil action for damages related to a matter
mentioned in the report or investigation.
Section 505. // 49 USC 505. // Arrangements and public records
(a) The Secretary of Transportation may require a motor carrier,
motor carrier of migrant workers, or motor private carrier to file a
copy of each arrangement related to a matter under this chapter that it
has with another person. The Secretary may disclose the existence or
contents of an arrangement between a motor contract carrier and a
shipper filed under this section only if the disclosure is consistent
with the public interest and is made as part of the record in a formal
proceeding.
(b) Except as provided in subsection (a) of this section, all
arrangements and statistics, tables, and figures contained in reports
filed with the Secretary by a motor carrier under this chapter are
public records. Such a public record, or a copy or extract of it,
certified by the Secretary under seal is competent evidence in a
proceeding of the Secretary, and, except as provided in section 504(f)
of this title, in a judicial proceeding.
Section 506. // 49 USC 506. // Authority to investigate
(a) The Secretary of Transportation may begin an investigation under
this chapter on the initiative of the Secretary or on complaint. If the
Secretary finds that a rail carrier, motor carrier, motor carrier of
migrant workers, or motor private carrier is violating this chapter, the
Secretary shall take appropriate action to compel compliance with this
chapter. The Secretary may take action only after giving the carrier
notice of the investigation and an opportunity for a proceeding.
(b) A person, including a governmental authority, may file with the
Secretary a complaint about a violation of this chapter by a carrier
referred to in subsection (a) of this section. The complaint must state
the facts that are the subject of the violation. The Secretary may
dismiss a complaint the Secretary determines does not state reasonable
grounds for investigation and action. However, the Secretary may not
dismiss a complaint made against a rail carrier because of the absence
of direct damage to the complainant.
(c) The Secretary shall make a written report of each proceeding
involving a rail carrier or motor carrier conducted and furnish a copy
to each party to that proceeding. The report shall include the
findings, conclusions, and the order of the Secretary. The Secretary
may have the reports published for public use. A published report of
the Secretary is competent evidence of its contents.
Section 507. // 49 USC 507. // Enforcement
(a) The Secretary of Transportation may bring a civil action to
enforce--,
(1) an order of the Secretary under this chapter when violated
by a rail carrier; and
(2) this chapter or a regulation or order of the Secretary
under this chapter when violated by a motor carrier, motor carrier
of migrant workers, motor private carrier, or freight forwarder.
(b) The Attorney General may, and on request of the Secretary shall,
bring court proceedings to enforce this chapter or a regulation or order
of the Secretary under this chapter and to prosecute a person violating
this chapter or a regulation or order of the Secretary.
(c) A person injured because a rail carrier or freight forwarder does
not obey an order of the Secretary under this chapter may bring a civil
action to enforce that order under this subsection.
(d) In a civil action brought under subsection (a)(2) of this section
against a motor carrier, motor carrier of migrant workers, or motor
private carrier--,
(1) trial is in the judicial district in which the carrier
operates;
(2) process may be served without regard to the territorial
limits of the district or of the State in which the action is
brought; and
(3) a person participating with the carrier in a violation may
be joined in the civil action without regard to the residence of
the person.
Section 521. // 49 USC 521. // Civil penalties
(a)(1) A person required under section 504 of this title to make,
prepare, preserve, or submit to the Secretary of Transportation a record
about rail carrier transportation, that does not make, prepare,
preserve, or submit that record as required under that section, is
liable to the United States Government for a civil penalty of $500 for
each violation.
(2) A rail carrier, and a lessor, receiver, or trustee of that
carrier, violating section 504(c)(1) of this title, is liable to the
Government for a civil penalty of $100 for each violation.
(3) A rail carrier, a lessor, receiver, or trustee of that carrier, a
person furnishing cars or protective service against heat or cold, and
an officer, agent, or employee of one of them, required to make a report
to the Secretary or answer a question, that does not make a report to
the Secretary or does not specifically, completely, and truthfully
answer the question, is liable to the Government for a civil penalty of
$100 for each violation.
(4) A separate violation occurs for each day a violation under this
subsection continues.
(5) Trial in a civil action under this subsection is in the judicial
district in which the rail carrier has its principal operating office or
in a district through which the railroad of the rail carrier runs.
(b)(1) A person required to make a report to the Secretary, answer a
question, or make, prepare, or preserve a record under this chapter
about transportation by motor carrier, or an officer, agent, or employee
of that person, that (A) does not make the report, (B) does not
specifically, completely, and truthfully answer the question, or (C)
does not make, prepare, or preserve the record in the form and manner
prescribed by the Secretary, is liable to the Government for a civil
penalty of not more than $500 for each violation and for not more than
$250 for each additional day the violation continues.
(2) Trial in a civil action under this subsection is in the judicial
district in which (A) the motor carrier has its principal office, (B)
the motor carrier was authorized to provide transportation under
subtitle IV of this title // 49 USC 10101. // when the violation
occurred, (C) the violation occurred, or (D) the offender is found.
Process in the action may be served in the judicial district of which
the offender is an inhabitant or in which the offender may be found.
Section 522. // 49 USC 522. // Reporting and record keeping
violations
(a) A person required to make a report to the Secretary of
Transportation, or make, prepare, or preserve a record, under section
504 of this title about transportation by rail carrier, that knowingly
and willfully (1) makes a false entry in the report or record, (2)
destroys, mutilates, changes, or by another means falsifies the record,
(3) does not enter business related facts and transactions in the
record, (4) makes, prepares, or preserves the record in violation of a
regulation or order of the Secretary, or (5) files a false report or
record with the Secretary, shall be fined not more than $5,000,
imprisoned for not more than 2 years, or both.
(b) A person required to make a report to the Secretary, answer a
question, or make, prepare, or preserve a record under section 504 of
this title about transportation by motor carrier, motor carrier of
migrant workers, or motor private carrier, or an officer, agent, or
employee of that person, that (1) willfully does not make that report,
(2) willfully does not specifically, completely, and truthfully answer
that question in 30 days from the date the Secretary requires the
question to be answered, (3) willfully does not make, prepare, or
preserve that record in the form and manner prescribed by the Secretary,
(4) knowingly and willfully falsifies, destroys, mutilates, or changes
that report or record, (5) knowingly and willfully files a false report
or record with the Secretary, (6) knowingly and willfully makes a false
or incomplete entry in that record about a business related fact or
transaction, or (7) knowingly and willfully makes, prepares, or
preserves a record in violation of a regulation or order of the
Secretary, shall be fined not more than $5,000.
Section 523. // 49 USC 523. // Unlawful disclosure of information
(a) A motor carrier, or an officer, receiver, trustee, lessee, or
employee of that carrier, or another person authorized by that carrier
to receive information from that carrier, may not knowingly disclose to
another person (except the shipper or consignee), and another person may
not solicit, or knowingly receive, information about the nature, kind,
quantity, destination, consignee, or routing of property tendered or
delivered to that carrier without the consent of the shipper or
consignee if that information may be used to the detriment of the
shipper or consignee or may disclose improperly to a competitor the
business transactions of the shipper or consignee.
(b) This chapter does not prevent a motor carrier, motor carrier of
migrant workers, or motor private carrier from giving information--,
(1) in response to legal process issued under authority of a
court of the United States or a State;
(2) to an officer, employee, or agent of the United States
Government, a State, or a territory or possession of the United
States; and
(3) to another motor carrier, motor carrier of migrant workers,
or motor private carrier, or its agent, to adjust mutual traffic
accounts in the ordinary course of business.
(c) An employee of the Secretary of Transportation delegated to make
an inspection under section 504 of this title who knowingly discloses
information acquired during that inspection, except as directed by the
Secretary, a court, or a judge of that court, shall be fined not more
than $500, imprisoned for not more than 6 months, or both.
Section 524. // 49 USC 524. // Evasion of regulation of motor
carriers
A person, or an officer, employee, or agent of that person, that by
any means knowingly and willfully tries to evade regulation of motor
carriers under this chapter shall be fined at least $200 but not more
than $500 for the first violation and at least $250 but not more than
$2,000 for a subsequent violation.
Section 525. // 49 USC 525. // Disobedience to subpenas
A motor carrier, motor carrier of migrant workers, or motor private
carrier not obeying a subpena or requirement of the Secretary of
Transportation under this chapter to appear and testify or produce
records shall be fined at least $100 but not more than $5,000,
imprisoned for not more than one year, or both.
Section 526. // 49 USC 526. // General criminal penalty when
specific penalty not provided
When another criminal penalty is not provided under this
chapter, a person that knowingly and willfully violates a provision
of this chapter, or a regulation or order of the Secretary of
Transportation under this chapter, related to transportation by motor
carrier, motor carrier of migrant workers, or motor private carrier,
shall be fined at least $100 but not more than $500 for the first
violation and at least $200 but not more than $500 for a subsequent
violation. A separate violation occurs each day the violation
continues.
Chapter Sec.
31. Motor Carrier Safety...................... 3101
Sec.
3101. Definitions.
3102. Requirements for qualifications, hours of service, safety, and
equipment standards.
3103. Research, investigation, and testing.
3104. Identification of motor vehicles.
Section 3101. // 49 USC 3101. // Definitions
In this chapter--,
(1) "migrant worker" means an individual going to or from
employment in agriculture as defined in section 3121(g) of the
Internal Revenue Code of 1954 (26 U.S.C. 3121(g)) or section 203(
f) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(f)).
(2) "motor carrier", "motor common carrier", "motor private
carrier", "motor vehicle", and " United States" have the same
meanings given those terms in section 10102 of this title.
// 49 USC 10102. //
(3) "motor carrier of migrant workers" means a person (except a
motor common carrier) providing transportation referred to in
section 10521(a) of this title
// 49 USC 10521. //
by a motor vehicle (except a passenger automobile or station
wagon) for at least 3 migrant workers at a time to or from their
employment, but the term does not include a migrant worker
providing transportation for migrant workers and their immediate
families.
Section 3102. // 49 USC 3102. // Requirements for qualifications,
hours of service, safety, and equipment standards
(a) This section applies to transportation--,
(1) described in sections 10521 and 10522 of this title;
// 49 USC 10521, 10522. //
and
(2) to the extent the transportation is in the United States
and is between places in a foreign country, or between a place in
a foreign country and a place in another foreign country.
(b) The Secretary of Transportation may prescribe requirements for--,
(1) qualifications and maximum hours of service of employees
of, and safety of operation and equipment of, a motor carrier;
and
(2) qualifications and maximum hours of service of employees
of, and standards of equipment of, a motor private carrier, when
needed to promote safety of operation.
(c) The Secretary may prescribe requirements for the comfort of
passengers, qualifications and maximum hours of service of operators,
and safety of operation and equipment of a motor carrier of migrant
workers. The requirements only apply to a carrier transporting a
migrant worker--,
(1) at least 75 miles; and
(2) across the boundary of a State, territory, or possession of
the United States.
Section 3103. // 49 USC 3103. // Research, investigation, and
testing
(a) The Secretary of Transportation may investigate and report on the
need for federal regulation of sizes, weight, and combinations of motor
vehicles and qualifications and maximum hours of service of employees of
a motor carrier subject to subchapter II of chapter 105 of this title
and a motor private carrier. The Secretary shall use the services of
each department, agency, or instrumentality of the United States
Government and each organization of motor carriers having special
knowledge of a matter being investigated.
(b) In carrying out this chapter, the Secretary may use the services
of a department, agency, or instrumentality of the Government having
special knowledge about safety, to conduct scientific and technical
research, investigation, and testing when necessary to promote safety of
operation and equipment of motor vehicles. The Secretary may reimburse
the department, agency, or instrumentality for the services provided.
Section 3104. // 49 USC 3104. // Identification of motor vehicles
(a) The Secretary of Transportation may--,
(1) issue and require the display of an identification plate on
a motor vehicle used in transportation provided by a motor private
carrier and a motor carrier of migrant workers subject to section
3102(c) of this title (except a motor contract carrier); and
(2) require each of those motor private carriers and motor
carriers of migrant workers to pay the reasonable cost of the
plate.
(b) A motor private carrier or a motor carrier of migrant workers may
use an identification plate only as authorized by the Secretary.
Sec. 2. (a) The Federal-Aid Highway Act of 1966 (Public Law 89 -
574, 80 Stat. 766), the Federal-Aid Highway Act of 1962 (Public Law 87 -
866, 76 Stat. 1145), the Federal-Aid Highway Act of 1954 (ch. 181, 68
Stat. 70), the Act of September 26, 1961 (Public Law 87 - 307, 75 Stat.
670), the Highway Revenue Act of 1956 (ch. 462, 70 Stat. 387), the
Highway Beautification Act of 1965 (Public Law 89 --, 285, 79 Stat.
1028), the Alaska Omnibus Act (Public Law 87 - 70, 73 Stat. 141), the
Joint Resolution of August 28, 1965 (Public Law 89 --, 139, 79 Stat.
578), the Act of April 27, 1962 (Public Law 87 - 441, 76 Stat. 59), and
the Highway Safety Act of 1966 (Public Law 89 - 564, 80 Stat. 731) are
amended by striking out the words " Secretary of Commerce" wherever they
appear and substituting " Secretary of Transportation".
(b) Reorganization Plan No. 7 of 1949 (5 App. U.S.C.) is amended by
striking out the words " Department of Commerce" and " Secretary of
Commerce" and substituting " Department of Transportation" and "
Secretary of Transportation", respectively.
(c) The Act of March 19, 1918 (15 U.S.C. 261 - 264), the Act of March
4, 1921 (15 U.S.C. 265), and the Uniform Time Act of 1966 (15 U. S.C.
260, 260a, 261 - 263, 266, 267) are amended by striking out the words "
Interstate Commerce Commission" wherever they appear and substituting "
Secretary of Transportation".
(d)(1) Section 7 of the Act of March 4, 1915 (33 U.S.C.
471), rule 9 of section 1 of the Act of February 8, 1895 (33 U.S.C.
258), section 5 of the Act of August 18, 1894 (33 U.S.C. 499), sections
7 and 13 of the Act of June 21, 1940 (33 U.S.C. 517 and 523), the Act of
August 21, 1935 (33 U.S.C. 503 - 507), the Act of March 23, 1906 (33
U.S.C. 491 --, 498), and the General Bridge Act of 1946 (33 U.S.C. 525 -
533) are amended by striking out the words " Secretary of War" wherever
they appear and substituting " Secretary of Transportation".
(2) The 5th paragraph of section 1 of the Act of June 21,
1940 (33 U.S.C. 511), is amended to read as follows:
" The term ' Secretary' means the Secretary of
Transportation.".
(3) Section 502(c) of the General Bridge Act of 1946 (33 U.S.C. 525(
c)) is amended further by striking out the words " Public Roads
Administration" and substituting " Secretary of Transportation".
(e)(1) Section 2(h) of the Oil Pollution Act, 1961 (33 U.S.C. 1001(
h)) is amended to read as follows:
"(h) The term ' Secretary' means the Secretary of Transportation;".
(2) The amendment made by paragraph (1) of this subsection // 33 USC
1001. // is repealed when the amendment to section 2(h) of the Oil
Pollution Act, 1961, made by section 2(1)(F) of the Oil Pollution Act
Amendments of 1973 (Public Law 97 - 119; 87 Stat. 424), becomes
effective.
(f) Section 9 of the Act of March 3, 1899 (33 U.S.C. 401), is amended
to read as follows:
" Sec. 9. It shall not be lawful to construct or commence the
construction of any bridge, causeway, dam, or dike over or in any port,
roadstead, haven, harbor, canal, navigable river, or other navigable
water of the United States until the consent of Congress to the building
of such structures shall have been obtained and until the plans for (1)
the bridge or causeway shall have been submitted to and approved by the
Secretary of Transportation, or (2) the dam or dike shall have been
submitted to and approved by the Chief of Engineers and Secretary of the
Army. However, such structures may be built under authority of the
legilature of a State across rivers and other waterways the navigable
portions of which lie wholly within the limits of a single State,
provided the location and plans thereof are submitted to and approved by
the Secretary of Transportation or by the Chief of Engineers and
Secretary of the Army before construction is commenced. When plans for
any bridge or other structure have been approved by the Secretary of
Transportation or by the Chief of Engineers and Secretary of the Army,
it shall not be lawful to deviate from such plans either before or after
completion of the structure unless modification of said plans has
previously been submitted to and received the approval of the Secretary
of Transportation or the Chief of Engineers and the Secretary of the
Army. The approval required by this section of the location and plans
or any modification of plans of any bridge or causeway does not apply to
any bridge or causeway over waters that are not subject to the ebb and
flow of the tide and that are not used and are not susceptible to use in
their natural condition or by reasonable improvement as a means to
transport interstate or foreign commerce.".
Sec. 3. Title 5, United States Code, is amended as follows:
(1) In section 5313, add at the end thereof the following new
item:
" Administrator, Federal Highway Administration.".
(2) In section 5314, strike out " Administrator, Federal
Highway Administration." and substitute " Administrator of the
National Highway Traffic Safety Administration.".
(3) In section 5315, strike out " Director of Public Roads."
and substitute " Deputy Federal Highway Administrator.".
(4) In section 5316, strike out " Director, National Highway
Safety Bureau." and substitute " Assistant Federal Highway
Administrator.".
(5) In section 5316, strike out " Director, National Traffic
Safety Bureau." and substitute " Deputy Administrator of the
National Highway Traffic Safety Administration.".
Sec. 4. (a) Section 103 of the Water Resources Planning Act (42 U.
S.C. 1962a-2) is amended--,
(1) by inserting the subsection designation "(a)" at the
beginning of the text of the section; and
(2) by adding at the end of the section the following new
subsection:
"(b) The Council shall develop standards and criteria for economic
evaluation of water resource projects. For the purpose of those
standards and criteria, the primary direct navigation benefits of a
water resource project are defined as the product of the savings to
shippers using the waterway and the estimated traffic that would use the
waterway. ' Savings to shippers' means the difference between (1) the
freight rates or charges prevailing at the time of the study for the
movement by the alternative means, and (2) those which would be charged
on the proposed waterway. Estimated traffic that would use the waterway
will be based on those freight rates, taking into account projections of
the economic growth of the area.".
(b) Effective October 17, 1978--,
(1) section 202(f) of the Railroad Revitalization and
Regulatory Reform Act of 1976 (Public Law 94 - 210, 90 Stat. 39)
// 49 USC 1. //
is repealed;
(2) sections 304(j) and 603 of the Regional Rail Reorganization
Act of 1973 (Public Law 93 - 236, 87 Stat. 985)
// 45 USC 744, 793. //
are repealed;
(3) section 4(d) of the Act of October 17, 1978 (Public Law 95
- 473, 92 Stat. 1470),
// 49 USC prec. 10101. //
is amended by striking out "chapter 169" and substituting "chapter
292"; and
(4) section 10504 of title 49 is amended by adding at the end
of the section the following new subsection:
"(c) Notwithstanding subsection (b) of this section, a local public
body, described in subsection (b), is subject to applicable laws of the
United States related to--,
"(1) safety;
"(2) the representation of employees for collective bargaining;
and
"(3) employment retirement, annuity, and unemployment systems
or other provisions related to dealings between employees and
employers.".
(c) Section 307(b) of the Federal Aviation Act of 1958 (49 U.S.C.
1348(b)) is amended by adding at the end thereof the following new
sentence: " The Secretary may, subject to such regulations,
supervision, and review as he may prescribe, from time to time make such
provision as he shall deem appropriate authorizing the performance by a
Federal department or agency, with the consent of the department or
agency, of any function under this subsection.".
Sec. 5. (a) Title II, United States Code, is amended as follows:
(1) In item 1166 of the analysis of chapter 11, strike out "
Interstate Commerce Act" and substitute "subtitle IV of title 49".
(2) In section 1166--,
Act
(49 U.S.C. 1 et seq.)" and substitute "subtitle IV of
title 49".
(3) In section 1169, strike out "the Interstate Commerce Act
(49 U.S.C. 1 et seq.)" and substitute "subtitle IV of title 49".
(b) Section 42(e) of title 14, United States Code, is amended by
striking out "section 9(d)(1) of the Department of Transportation Act
(80 Stat. 944; 49 U.S.C. 1657)" and substituting "section 324(d) of
title 49".
(c) Section 2341(3) of title 18, United States Code, is amended by
striking out "the Interstate Commerce Act" and substituting "subtitle IV
of title 49".
(d) Title 23, United States Code, is amended as follows:
(1) In section 117(e), strike out "section 4(f) of the
Department of Transportation Act (49 U.S.C. 1653(f))" and
substitute "section 303 of title 49".
(2) In the analysis of chapter 3, strike out item 303.
(3) In section 322(a), strike out ", conducted under authority
of the Act entitled ' An Act to authorize the Secretary of
Commerce to undertake research and development in high-speed
ground transportation, and for other purposes', approved September
30, 1965 (49 U.S.C. 1631 et seq.)".
(e) The Internal Revenue Code of 1954 (26 U.S.C. 1 et seq.) is
amended as follows:
(1) In section 7701(a)(33)(F),
// 26 USC 7701. //
strike out "part III of the Interstate Commerce Act" and
substitute "subchapter III of chapter 105 of title 49".
(2) In section 7701(a)(33)(H), strike out "part I of the
Interstate Commerce Act" and substitute "subchapter I of chapter
105 of title 49".
(f) Section 1337 (a) and (b) of title 28, United States Code, is
amended by striking out "section 20(11) of part I of the Interstate
Commerce Act (49 U.S.C. 20(11)) or section 219 of part II of such Act
(49 U.S.C. 319)" and substituting "section 11707 of title 49".
(g) Subtitle IV of title 49, United States Code, is amended as
follows:
(1) In section 10526(a)(5), strike out "section 1141j(a) of
title 12" and substitute "section 15(a) of the Agricultural
Marketing Act (12 U.S.C. 1141j(a))".
(2) In section 10544(d)(1)(B), strike out "chapters 23 and 23 A
of title 46" and substitute "the Shipping Act, 1916 (46 U.S.C.
801 et seq.) or the Intercoastal Shipping Act, 1933 (46 U.S.C.
843 - 848)".
(3) In section 10562(1), strike out "section 1141j(a) of title
12" and substitute "section 15(a) of the Agricultural Marketing
Act (12 U.S.C. 1141j(a))".
(4) In the first sentence of section 10705(c), strike out
"subtitle" and substitute "title".
(5) In section 10703(a)(4)(D)(ii), strike out "section 801 or
sections 843 - 849 of title 46" and substitute "section 1 of the
Shipping Act, 1916 (46 U.S.C. 801) or the Intercoastal Shipping
Act, 1933 (46 U.S.C. 843 - 848)".
(6) In section 10925(d)(1), strike out "certificate" and
substitute "certificate or permit".
(7) In section 11346(a), strike out "section 1654(c)" and
substitute "section 333(c)".
(8) In section 11348(a)--,
(9) In section 11361(b), strike out "section 205" and
substitute "subchapter IV".
Sec. 6. (a) Sections 1-5 of this Act // 49 USC prec. 101. //
restate, without substantive change, laws enacted before November 15,
1982, that were replaced by those sections. Those sections may not be
construed as making a substantive change in the laws replaced. Laws
enacted after November 14, 1982, that are inconsistent with this Act
supersede this Act to the extent of the inconsistency.
(b) A reference to a law replaced by sections 1-5 of this Act,
including a reference in a regulation, order, or other law, is deemed to
refer to the corresponding provision enacted by this Act.
(c) An order, rule, or regulation in effect under a law replaced by
sections 1-5 of this Act continues in effect under the corresponding
provision enacted by this Act until repealed, amended, or superseded.
(d) An action taken or an offense committed under a law replaced by
sections 1-5 of this Act is deemed to have been taken or committed under
the corresponding provision enacted by this Act.
(e) An inference of a legislative construction is not to be drawn by
reason of the location in the United States Code of a provision enacted
by this Act or by reason of the caption or catchline thereof.
(f) If a provision enacted by this Act is held invalid, all valid
provisions that are severable from the invalid provision remain in
effect. If a provision of this Act is held invalid in any of its
applications, the provision remains valid for all valid applications
that are severable from any of the invalid applications.
Sec. 7. (a) The repeal of a law by this Act // 49 USC prec. 101. //
may not be construed as a legislative inference that the provision was
or was not in effect before its repeal.
(b) The laws specified in the following schedule are repealed, except
for rights and duties that matured, penalties that were incurred, and
proceedings that were begun before the date of enactment of this Act:
SCHEDULE OMITTED.
Approved January 12, 1983.
LEGISLATIVE HISTORY-H.R. 6993:
CONGRESSIONAL RECORD, Vol. 128 (1982):
Dec. 13, considered and passed House.
Dec. 19, considered and passed Senate.
PUBLIC LAW 97-448, 96 STAT. 2365, TECHNICAL CORRECTIONS ACT of 1982
Tax Act of 1981 and certain
other recent tax legislation.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; AMENDMENT OF 1954 CODE.
(a) Short Title.--This Act // 26 USC 1. // may be cited as the "
Technical Corrections Act of 1982".
(b) Amendment of 1954 Code.--, // 26 USC 1 // Except as otherwise
expressly provided, whenever in this Act an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to a section or
other provision of the Internal Revenue Code of 1954.
SEC. 101. AMENDMENTS RELATED TO TITLE OF THE ACT.
(a) Amendments Related to Section 101.--, // 95 Stat. 176. //
(1) Effective date for amendment to section 21.--Paragraph (1)
of section 101(f) of the Economic Recovery Tax Act of 1981
// 95 Stat. 184. 26 USC 1. //
(relating to effective dates for rate cuts) is amended by
inserting before the period at the end thereof the following: ";
except that the amendment made by paragraph (3) of subsection (d)
shall apply to taxable years ending after December 31, 1981".
(2) Rate reduction tax credit.--Section 6428
// 26 USC 6428. //
(relating to 1981 rate reduction tax credit) is amended by adding
at the end thereof the following new subsection:
"(d) Special Rules.--For purposes of this section--,
"(1) Individuals to whom 50 percent maximum rate or 20 percent
capital gain rate applies.--,
determined
under section 1348(a)(2) (as in effect before its
repeal by the Economic Recovery Tax Act of 1981),
and
// 95 Stat. 186. 26 USC 1201. //
shall not be taken into account.
by
section 1 for the taxable year is determined under--,
// 95 Stat. 186. 26 USC 1201. //
"(2) Special rule for tax imposed by section 402(e).--The tax
imposed by subsection (e) of section 402 shall be treated as a tax
imposed by section 1."
(3) Elimination of 50-cent rounding errors.--,
// 26 USC 1 //
If any figure in any table--,
Revenue
Code of 1954 (as amended by section 101 of the
Economic
Recovery Tax Act of 1981),
// 95 Stat. 176. //
and
separately
or to estates and trusts,
differs by not more than 50 cents from the correct amount under
the formula used in constructing such table, such figure is hereby
corrected to the correct amount.
(aa) Amendment Related to Section 102.--Clause (ii) of section 102(
b)(1)(B) of the Economic Recovery Tax Act of 1981 // 95 Stat. 186. 26
USC 1201. // is amended by striking out "qualified net capital gain"
and inserting in lieu thereof "qualified net capital gain (or, if
lesser, the alternative minimum taxable income within the meaning of
section 55(b)(1) of such Code)".
(b) Amendment Related to Section 104.--Subparagraph (C) of section
402(e)(1) // 95 Stat. 188. 26 USC 402. // (relating to imposition of
separate tax on lump sum distributions) is amended by striking out
"$2,300" and inserting in lieu thereof "the zero bracket amount
applicable to such an individual for the taxable year".
(c) Amendments Related to Section 111.--, // 95 Stat. 190. //
(1) Clarification of limitation on benefit.--Subsection (d) of
section 911
// 26 USC 911. //
(relating to citizens or residents of the United States living
abroad) is amended by redesignating paragraph (7) as paragraph (8)
and by inserting after paragraph (6) the following new paragraph:
"(7) Aggregate benefit cannot exceed foreign earned income.--
The sum of the amount excluded under subsection (a) and the amount
deducted under subsection (c)(3)(A) for the taxable year shall not
exceed the individual's foreign earned income for such year."
(2) Technical amendment.--Clause (ii) of section 911(c)(3)(B)
(relating to special rules where housing expenses not provided by
employer) is amended by striking out "subsection (a)(1)" and
inserting in lieu thereof "subsection (a)".
(d) Amendment Related to Section 122.--Subsection (c) of section 122
of the Economic Recovery Tax Act of 1981 // 95 Stat. 197. 26 USC 1034.
// (relating to effective date for increase in rollover period for
principal residence) is amended by adding at the end thereof the
following new sentences: " Notwithstanding the preceding sentence, the
taxpayer may elect to have the amendments made by this section not apply
to any old residence sold or exchanged on or before August 13, 1981.
Such an election shall be made at such time and in such manner as the
Secretary of the Treasury or his delegate shall by regulations
prescribe."
(e) Amendments Related to Section 124.--, // 95 Stat. 197. //
(1) Benefits must be nondiscriminatory.--,
// 26 USC 129. //
(defining dependent care
assistance program) is amended by redesignating
paragraphs
(2) through (6) as paragraphs (3) through (7),
respectively,
and by inserting after paragraph (1) the following
new paragraph:
"(2) Discrimination.--The contributions or benefits provided
under the plan shall not discriminate in favor of employees who
are officers, owners, or highly compensated, or their dependents."
// 95 Stat. 199. 26 USC 129. //
(as redesignated by
subparagraph (A)) is amended by striking out "employees
who are officers, owners, or highly compensated, or
their
dependents" and inserting in lieu thereof "employees
described in paragraph (2), or their dependents".
striking
out "paragraphs (2) through (6)" and inserting in lieu
thereof "paragraphs (2) through (7)".
(2) Clarification of deduction to employer.--Paragraph (7) of
section 129(e) (relating to disallowance of excluded amounts as
credit or deduction) is amended--,
(f) Amendment Related to Section 125.--Paragraph (2) of section 222(
c) // 95 Stat. 201. 26 USC 222. // (defining child with special needs)
is amended to read as follows:
"(2) Child with special needs.--The term 'child with special
needs' means any child determined by the State to be a child
described in paragraphs (1) and (2) of section 473(c) of the
Social Security Act."
(g) Amendment Related to Section 126.--Paragraph (4) of section 483(
g) // 95 Stat. 202. 26 USC 483. // (relating to nonresident alien
individuals) is amended by striking out " This section" and inserting in
lieu thereof " Paragraph (1)".
SEC. 102. AMENDMENTS RELATED TO TITLE II OF THE ACT.
(a) Amendments Related to Section 201.--, // 95 Stat. 203. //
(1) Application of short taxable year rule to 15-year real
property.--Paragraph (5) of section 168(f)
// 26 USC 168. //
(relating to short taxable years) is amended by adding at the end
thereof the following sentence: " In the case of 15-year real
property, the first sentence of this paragraph shall not apply to
the taxable year in which the property is placed in service or
disposed of."
(2) Adjustments to basis in the case of certain transfers.--,
Subparagraph (B) of section 168(d)(2) (relating to adjustment to
basis) is amended by striking out "subsection (f)(7)" and
inserting in lieu thereof "paragraph (7) or (10) of subsection
(f)".
(3) Changes in use.--Subsection (f) of section 168 (relating to
special rules for application of section) is amended by adding at
the end thereof the following new paragraph:
"(13) Changes in use.--The Secretary shall, by regulation,
provide for the method of determining the deduction allowable
under subsection (a) with respect to any property for any taxable
year (and for succeeding taxable years) during which such property
changes status under this section but continues to be held by the
same person."
(4) Qualified coal utilization property.--,
// 26 USC 168. //
(relating to qualified
coal utilization property) is amended to read as
follows:
"(4) Qualified coal utilization property.--The term '10--, year
property' includes qualified coal utilization property which would
otherwise be 15-year public utility property."
section 168(g)(8) is
amended to read as follows:
section 168(g)(8) is
amended to read as follows:
(5) Clarification of applicable percentage for year real
property placed in service.--The third sentence of section 168(
b)(2)(A) (relating to 15-year real property) is amended by
striking out " For purposes of this subparagraph" and inserting in
lieu thereof " In the case of 15-year real property".
(6) Section 1245 recovery property included as unrealized
receivable.--The second sentence of subsection (c) of section 751
// 26 USC 751. //
(relating to unrealized receivables and inventory items) is
amended by inserting "section 1245 recovery property (as defined
in section 1245(a)(5))," after "section 1245(a)(3)),".
(7) Clarification of additional depreciation in the case of
recovery property.--,
// 26 USC 1250. //
(defining additional
depreciation) is amended by adding at the end thereof
the
following new paragraph:
"(5) Method of computing straight line adjustments.--For
purposes of paragraph (1), the depreciation adjustments which
would have resulted for any taxable year under the straight line
method shall be determined--,
the
taxpayer had elected the straight line method for such
year
using the recovery period applicable to such property,
and
in
determining the amount allowable as a deduction for any
taxable year, by using such life (or value)."
striking
out the last sentence.
(8) Theme parks, etc.--Paragraph (2) of section 168(c)
// 26 USC 168. //
(defining classes of recovery property) is amended by adding at
the end thereof the following new subparagraph:
structural
components) shall not be treated as having a present
class
life of 12.5 years or less by reason of any use other
than the
use for which such building was originally placed in
service."
(9) Anti-churning provisions.--Paragraph (4) of section 168(e)
(relating to certain transactions in property placed in service
before 1981), as amended by section 206(b)(1) of the Tax Equity
and Fiscal Responsibility Act of 1982, is amended--,
acquisition of
property by any partnership which results from the
termination
of another partnership under section 708(b)(1)(B), the
determination of whether the acquiring partnership is
related
to the other partnership shall be made immediately
before the event resulting in such termination
occurs."; and
subparagraphs:
property
in the hands of the taxpayer is determined under
section 1014(a).
subparagraph
(B) shall apply (and subparagraph (A) shall not
apply) to section 1245 class property which is acquired
incidental to the acquisition of section 1250 class
property."
(10)(A) Subparagraph (D) of section 168(f)(8)
// 26 USC 168. //
(relating to special rule for leases), as in effect before the
amendments made by the Tax Equity and Fiscal Responsibility Act of
1982, is amended by adding at the end thereof the following new
sentence: " Under regulations prescribed by the Secretary, public
utility property shall not be treated as qualified leased property
unless the requirements of rules similar to the rules of
subsection (e)(3) of this section and section 46(f) are met with
respect to such property."
(B) The amendment made by subparagraph (A)
// 26 USC 168 //
shall apply with respect to property to which the provisions of
section 168(f)(8) of the Internal Revenue Code of 1954 (as in
effect before the amendments made by the Tax Equity and Fiscal
Responsibility Act of 1982) apply.
(aa) Amendment Related to Section 202.--Subsection (d) of section 179
// 95 Stat. 219. 26 USC 179. // (relating to election to expense
certain business assets) is amended by adding at the end thereof of the
following new paragraph:
"(10) Recapture in certain cases.--The Secretary shall, by
regulations, provide for recapturing the benefit under any
deduction allowable under subsection (a) with respect to any
property which is not used predominantly in a trade or business at
any time before the close of the second taxable year following the
taxable year in which it is placed in service by the taxpayer."
(b) Amendments Related to Section 205.--, // 95 Stat. 223. //
(1)(A) The next to the last sentence of section 57(a)
// 26 USC 57. //
is amended by striking out "and (12)" and inserting in lieu
thereof "and (12)(A)".
(B) The amendment made by subparagraph (A)
// 26 USC 57 //
shall take effect as if included in the amendment made by section
205(b) of the Economic Recovery Tax Act of 1981 but shall not
apply to taxable years beginning after December 31, 1982.
(2) Paragraph (2) of section 58(f)
// 26 USC 58. //
is amended by striking out "the item of tax preference set forth
in section 57(a)(2)" and inserting in lieu thereof "the items of
tax preference set forth in paragraphs (2) and (12)(B) of section
57(a)".
(3) Paragraph (12) of section 57(a) (defining items of tax
preference) is amended by redesignating subparagraphs (C) and (D)
as subparagraphs (D) and (E), respectively, and by inserting after
subparagraph (B) the following new subparagraph:
property is
longer than the recovery period for such property set
forth
in subparagraph (A) or (B), subparagraph (A) or (B)
(as the
case may be) shall not apply to such property."
(4) Subparagraph (A) of section 57(a)(12)
// 26 UUSC 57. //
is amended by striking out "under section 168(a)" and inserting in
lieu thereof "under section 168(a) (or, in the case of property
described in section 167(k), under section 167)".
(c) Amendments Related to Section 206.--, // 95 Stat. 224. //
(1) Paragraph (1) of section 1248(c)
// 26 USC 1248. //
is amended by striking out "section 312(k)(3)" and inserting in
lieu thereof "section 312(k)(4)".
(2) Section 562
// 26 USC 562. //
(relating to rules applicable in determining dividends eligible
for dividends paid deduction) is amended by adding at the end
thereof the following new subsection:
"(e) Special Rules For Real Estate Investment Trusts.--In the case of
a real estate investment trust, in determining the amount of dividends
under section 316 for purposes of computing the dividends paid
deduction, the earnings and profits of such trust for any taxable year
beginning after December 31, 1980, shall be increased by the total
amount of gain (if any) on the sale or exchange of real property by such
trust during such taxable year."
(d) Amendments Related to Section 207.--, // 95 Stat. 225. //
(1) Paragraph (1) of section 209(c) of the Economic Recovery
Tax Act of 1981
// 95 Stat 226. 26 USC 168. //
(relating to effective date for carryover provisions) is amended
by adding at the end thereof the following new subparagraph:
ending
on or before December 31, 1975, could be a net
operating
loss carryover to a taxable year ending in 1981 by
reason of
subclause (II) of section 172(b)(1)(E)(ii) of the
Internal Revenue
Code of 1954 (as in effect on the day before the date
of
the enactment of this Act and as modified by
section 1(b) of
Public Law 96 - 595),
// 26 USC 172 //
such net operating loss shall be a net
operating loss carryover under section 172 of such
Code to
each of the 15 taxable years following the taxable year
of
such loss."
(2) Subsection (c) of section 209 of the Economic Recovery Tax
Act of 1981
// 26 USC 168 //
is amended by adding at the end thereof the following new
paragraph:
"(3) Carryover must have been alive in 1981.--The amendments
made by subsections (a), (b), and (c) of section 207 shall not
apply to any amount which, under the law in effect on the day
before the date of the enactment of this Act, could not be carried
to a taxable year ending 1981."
(3) Paragraph (2) of section 207(c) of the Economic Recovery
Tax Act of 1981
// 26 USC 53. //
(relating to new employee credit) is amended by striking out
"section 53(c)" and inserting in lieu thereof "section 53(b)".
(e) Amendments Related to Section 211.--, // 95 Stat. 227. //
(1) Applicable investment tax credit percentage for recovery
property.--Paragraph (7) of section 46(c) (relating to applicable
percentage for recovery property) is amended--,
lieu
thereof the following:
and",
and
"shall be
treated as property which is not 3-year property".
(2) Petroleum storage facilities.--,
// 26 USC 48. //
(defining section
38 property) is amended by inserting "(not including a
building and its structural components)" after "storage
facility".
// 26 USC 1245. //
(defining section
1245 property) is amended by inserting "(not including a
building or its structural components)" after "storage
facility".
(3) Clerical amendment.--,
// 26 USC 47. //
is amended--,
lieu
thereof "section 46(c)(8)(F)".
(f) Amendments Related to Section 212.--, // 95 Stat. 235. //
(1) Clarification of transitional rule.--Subparagraph (B) of
section 212(e)(2) of the Economic Recovery Tax Act of 1981
// 26 USC 46. //
(relating to transitional rule for increase in investment tax
credit for qualified rehabilitation expenditures) is amended to
read as follows:
Revenue Code
of 1954 (as amended by this Act)."
(2) Determination of substantial rehabilitation.--Clause (i) of
section 48(g)(1)(C)
// 26 USC 48. //
(defining substantially rehabilitated) is amended by striking out
"the 24-month period ending on the last day of the taxable year"
and inserting in lieu thereof "the 24-month period selected by the
taxpayer (at the time and in the manner prescribed by regulations)
and ending with or within the taxable year".
(3) Clarification of basis adjustment.--Subparagraph (A) of
section 48(g)(5) (relating to adjustments to basis) is amended--,
section"
and inserting in lieu thereof "a credit is determined
under
section 46(a)(2)", and
(4) Extension of time to make election to use straight line
depreciation.--Subparagraph (B) of section 168(f)(4)
// 26 USC 168. //
(relating to election made on return) is amended to read as
follows:
(5) Clarification of buildings eligible for rehabilitation
credit.--,
// 26 USC 46. //
(defining 40--,
year building) is amended by striking out "any building"
and inserting in lieu thereof "a qualified rehabilitated
building".
(defining certified
historic structure) is amended by striking out "has the
meaning given to such term by section 48(g)(3)" and
inserting
in lieu thereof "means a qualified rehabilitated
building
which meets the requirements of section 48(g)(3)".
(6) Definition of substantially rehabilitated.--Clause (i) of
section 48(g)(1)(C)
// 26 USC 48. //
(defining substantially rehabilitated) is amended--,
appears
and inserting in lieu thereof "building (and its
structural
components)",
sentence:
" For purposes of the preceding sentence, the
determination
of the beginning of the holding period shall be made
without regard to any reconstruction by the taxpayer in
connection with the rehabilitation."
(7) Cross reference.--Clause (ii) of section 170(h)(4)(B)
// 26 USC 170. //
(defining certified historic structure) is amended by striking out
"section 191(d)(2)" and inserting in lieu thereof "section
48(g)(3)(B)".
(g) Amendment Related to Section 213.--Subsection (b) of section 213
of the Economic Recovery Tax Act of 1981 // 95 Stat. 240. 26 USC 48 //
(relating to investment tax credit for used property; increase in
dollar limit) is amended by striking out "property placed in service"
and inserting in lieu thereof "taxable years beginning".
(h) Amendments Related to Section 221.--,
(1) Subparagraph (B) of section 108(b)(2) (relating to certain
credit carryovers) is amended by striking out "or" at the end of
clause (iii), by striking out the period at the end of clause (iv)
and inserting in lieu thereof ",or", and by inserting after clause
(iv) the following new clause:
(2) Effective only with respect to amounts paid or incurred
after March 31, 1982, subparagraph (A) of section 44 F(b)(2)
// 95 Stat. 241. 26 USC 44 F. //
is amended by adding at the end thereof the following:
property."
(3) The paragraph (28) of section 381(c) added by section 221
of the Economic Recovery Tax Act of 1981
// 95 Stat. 241. 26 USC 381. //
is redesignated as paragraph (29).
(i) Amendments Related to Section 234.--, // 95 Stat. 250. //
(1) Subparagraph (B) of section 1371(g)(3)
// 26 USC 1371. //
(defining qualified subchapter S trust) is amended to read as
follows:
distributed)
currently to 1 individual who is a citizen or resident
of the
United States, and".
(2) Section 678
// 26 USC 678. //
is amended by adding at the end thereof the following new
subsection:
"(e) Cross Reference.--,
" For provision under which beneficiary of trust is treated as
owner of the portion of the trust which consists of stock in an
electing small business corporation, see section 1361(d)."
(j) Amendments Related to Section 251.--, // 95 Stat. 256. //
(1) Paragraph (8) of section 422 A(b)
// 26 USC 422 A. //
(defining incentive stock option is) is amended by striking out
"granted options" and inserting in lieu thereof "granted incentive
stock options".
(2) Paragraph (1) of section 422 A(c) (relating to exercise of
option where price is less than value of stock) is amended--,
sentence:
" To the extent provided in regulations by the
Secretary,
a similar rule shall apply for purposes of paragraph (8)
of subsection (b) and paragraph (4) of this
subsection.", and
"(1) Good faith efforts to value stock.--".
(3) Subparagraph (A) of section 422 A(c)(2) (relating to
certain disqualified dispositions where amount realized is less
than value at exercise) is amended by striking out "the 2-year
period" and inserting in lieu thereof "either of the periods".
(4) Clause (ii) of section 422 A(c)(4)(A) (relating to
carryover of unused limit) is amended by striking out "granted
options" and inserting in lieu thereof "granted incentive stock
options".
(5) Subsection (j) of section 425
// 26 USC 425. //
(relating to cross references) is amended by inserting "an
incentive stock option," after "qualified stock option,".
(6) Effective only with respect to transfers after March 15,
1982--,
is
amended by adding at the end thereof the following new
paragraph:
"(3) Special rule where incentive stock is acquired through use
of other statutory option stock.--,
paragraph
(1) shall apply to such transfer.
subparagraph
(A), the term 'statutory option stock' means any
stock acquired through the exercise of a qualified stock
option, an incentive stock option, an option granted
under
an employee stock purchase plan, or a restricted stock
option.", and
// 26 USC 425. //
is amended by striking
out "paragraph (2)" and inserting in lieu thereof
"paragraphs
(2) and (3)".
(k) Amendment Related to Section 252.--, // 95 Stat. 260. //
(1) Paragraph (3) of section 83(c)
// 26 USC 83. //
(relating to sales which may give rise to suit under section 16(
b) of the Securities Exchange Act) is amended by striking out "
Securities and Exchange Act of 1934" each place it appears and
inserting in lieu thereof " Securities Exchange Act of 1934".
(2) Subsection (c) of section 252 of the Economic Recovery Tax
Act of 1981
// 26 USC 83 //
(relating to effective date) is amended by striking out "taxable
years ending after December 31, 1981" and inserting in lieu
thereof "transfers after December 31, 1981".
(1) Amendments Related to Section 261.--, // 95 Stat. 260. //
(1) Clarification of definition of youth participating in
qualified cooperative education program.--Subparagraph (D) of
section 51(d)(8)
// 26 USC 51. //
(defining wages) is amended by striking out "subparagraph (A)" and
inserting in lieu thereof "clauses (i),(ii), and (iii) of
subparagraph (A)".
(2) Clarification of effective date for eligible work incentive
employees.--Subparagraph (B) of section 261(g)(1) of the Economic
Recovery Tax Act of 1981
// 26 USC 51 //
(relating to eligible work incentive employees) is amended by
striking out "subsection (b)(2)(A)" and inserting in lieu thereof
"subsection (b)(2)".
(3) Definition of eligible work incentive employees.--
Subparagraph (B) of section 51(d)(9) (defining eligible work
incentive employees) is amended by striking out "section 432(b)(
1)" and inserting in lieu thereof "section 432(b)(1) or 445".
(4) Period during which low-income determination is made.--
Effective with respect to certifications made after the date of
the enactment of this Act with respect to individuals beginning
work for an employer after May 11, 1982, paragraph (11) of section
51(d) (defining members of an economically disadvantaged family)
is amended by striking out "the month in which such determination
occurs" and inserting in lieu thereof "the earlier of the month in
which such determination occurs or the month in which the hiring
date occurs".
(m) Amendments Related to Section 263.--, // 95 Stat. 264. //
(1) Subparagraph (A) of section 809(e)(3)
// 26 USC 809. //
(relating to charitable, etc., contributions and gifts) is amended
by striking out "5 percent" and inserting in lieu thereof "10
percent".
(2) Sections 545(b)(2) and 556(b)(2)
// 26 USC 545, 556. //
are each amended by striking out "5-percent" and inserting in lieu
thereof "10-percent".
(3) Paragraph (10) of section 512(b)
// 26 USC 512. //
(relating to modifications to unrelated business taxable income)
is amended by striking out "5 percent" and inserting in lieu
thereof "10 percent".
(n) Amendment Related to Section 266.--, // 95 Stat. 265. //
Subsection (c) of section 266 of the Economic Recovery Tax Act of 1981
// 26 USC 165 // (relating to deduction for motor carrier operating
authority) is amended by adding at the end thereof the following new
paragraph:
"(3) Section 381 of the internal revenue code of 1954 to
apply.--For purposes of section 381 of the Internal Revenue Code
of 1954, any item described in this section shall be treated as an
item described in subsection (c) of such section 381."
SEC. 103. AMENDMENTS RELATED TO TITLE III OF THE ACT.
(a) Amendments Related to Section 301.--, // 95 Stat. 267. //
(1) Paragraph (4) of section 128(d)
// 95 Stat. 270. 26 USC 128. //
(relating to limitation for credit unions) is amended by adding at
the end thereof the following new sentence: " For purposes of
this paragraph, the amounts described in subparagraph (A) of
paragraph (5) shall include amounts paid into credit union share
accounts."
(2) Paragraph (2) of section 584(c)
// 26 USC 584. //
(relating to dividends or interest received) is amended to read as
follows:
"(2) Dividends or interest received.--The proportionate share
of each participant in the amount of dividends or interest
received by the common trust fund and to which section 116 or 128
applies shall be considered for purposes of such section as having
been received by such participant."
(3) Paragraph (7) of section 643(a)
// 26 USC 643. //
(defining distributable net income) is amended to read as follows:
"(7) Dividends or interest.--There shall be included the amount
of any dividends or interest excluded from gross income pursuant
to section 116 (relating to partial exclusion of dividends) or
section 128 (relating to certain interest)."
(4) Paragraph (5) of section 702(a)
// 26 USC 702. //
(relating to income and credits of partner) is amended to read as
follows:
"(5) dividends or interest with respect to which there is an
exclusion under section 116 or 128, or a deduction under part VIII
of subchapter B,".
(5) Subparagraph (A) of section 128(c)(2) (defining qualified
institution) is amended--,
clause:
dependents,
or.
(b) Amendment Related to Section 302.--Subsection (c) of section 128
// 95 Stat. 270. // (as amended by section 302(a) of the Economic
Recovery Tax Act of 1981) is amended by adding at the end thereof the
following new paragraph:
"(3) Limitation on qualified interest expenses, etc.--,
and 213,
adjusted gross income shall be determined without regard
to the exclusion provided by this section."
(c) Amendments Related to Section 311.--,
(1) Limitation on deduction for spouse.--Subparagraph (B) of
section 219(c)(2)
// 26 USC 219. //
(relating to limitation) is amended to read as follows:
(2)
of subsection (b))."
(2) Clarification of age 70 1/2 rule.--Paragraph (1) of section
219(d)
// 26 USC 219. //
(relating to individuals who have attained age 70 1/2) is amended
to read as follows:
"(1) Beneficiary must be under age 70 1/2.--No deduction shall
be allowed under this section with respect to any qualified
retirement contribution for the benefit of an individual if such
individual has attained age 70 1/2 before the close of such
individual's taxable year for which the contribution was made."
(3) Definition of qualified employer plan.--,
of
subparagraph (C), by striking out subparagraph (D),
and by
redesignating subparagraph (E) as subparagraph (D).
// 26 USC 72. //
(defining qualified
employer plan, etc.) is amended by striking out "without
regard to subparagraph (D) thereof".
// 26 USC 72. //
shall take effect as
if the matter struck out had never been included in such
paragraph.
(4) Clarification of definition of compensation.--Paragraph (1)
of section 219(f) (defining compensation) is amended to read as
follows:
"(1) Compensation.--For purposes of this section, the term
'compensation' includes earned income (as defined in section 401(
c)(2)) reduced by any amount allowable as a deduction to the
individual in computing adjusted gross income under paragraph (7)
of section 62. The term 'compensation' does not include any
amount received as a pension or annuity and does not include any
amount received as deferred compensation."
(5) Time when certain contributions deemed made.--,
Subparagraph (B) of section 219(f)(3) (relating to time when
contributions deemed made) is amended by striking out "the
contribution is made" and inserting in lieu thereof "the
contribution is made on account of the taxable year which includes
such last day and".
(6) Clarification of additional tax where amounts received
before age 59 1/2.--Subparagraph (A) of section 72(o)(2) (relating
to additional tax if amount received before age 59 1/2) is amended
by striking out "to which the employee made one or more deductible
employee contributions".
(7) 10-year averaging and capital gains provisions.--The last
sentence of subparagraph (A) of section 402(e)(4)
// 26 USC 402. //
(defining lump sum distribution) is amended by striking out "this
section and section 403" and inserting in lieu thereof "this
subsection, subsection (a)(2) of this section, and subsection
(a)(2) of section 403".
(8) Rollover of partial distributions of deductible employee
contributions permitted.--,
rollover
amounts) is amended by adding at the end thereof the
following new clause:
subclause
(III) of clause (i), clause (i) of subparagraph (A)
shall be applied by substituting 'any portion of the
balance' for 'the balance'."
(B) Subparagraph (C) of section 403(b)(8)
// 26 USC 403. //
(relating to rollover amounts) is amended by striking out
"subparagraphs (B),(C)," and inserting in lieu thereof
"subparagraphs (B), (C),(D)(v),".
(9) Estate tax exclusion.--,
(A) Paragraph (1) of section 2039(f)
// 26 USC 2039. //
is amended to read as follows:
"(1) In general.--An amount is described in this subsection if--,
"(A) it is a lump sum distribution described in section 402(
e)(4) (determined without regard to the third sentence of section
402(e)(4)(A)), or
"(B) it is an amount attributable to accumulated deductible
employee contributions (as defined in section 72(o)(5)(B)) in any
plan taken into account for purposes of determining whether the
distribution described in subparagraph (A) qualifies as a lump sum
distribution."
(B) Paragraph (2) of section 2039(f) is amended by striking out
" A lump sum distribution" and inserting in lieu thereof " An
amount".
(10) Deductible employee contributions by owner-employees
permitted.--,
(A) The second sentence of section 401(d)(5)
// 26 USC 401. //
is amended to read as follows: " Subparagraphs (A) and (B) shall
not apply to contributions described in subsection (e), and shall
not apply to any deductible employee contribution (as defined in
section 72(o)(5))."
(B) Paragraph (2) of section 4972(b)
// 26 USC 4972. //
(relating to contributions by owner-employees) is amended by
adding at the end thereof the following new sentence: " No
contribution by an owner-employee which is a deductible employee
contribution (as defined in section 72(o)(5)) shall be taken into
account under this paragraph."
(11) Effective date for estate and gift tax provisions.--, // 26 USC
219. // Subsection (i) of section 311 of the Economic Recovery Tax Act
of 1981 // 95 Stat. 274. // (relating to effective dates) is amended by
adding at the end thereof the following new paragraph:
"(5) Estate and gift tax provisions.--,
"(A) Estate tax.--The amendments made by subsections (d)(1) and
(h)(4) shall apply to the estates of decedents dying after
December 31, 1981.
"(B) Gift tax.--The amendments made by subsections (d)(2) and
(h)(5) shall apply to transfers after December 31, 1981."
(12) Clerical amendments.--,
(A) Subparagraph (A) of section 219(b)(2)
// 26 USC 219. //
is amended by striking out "paragraph (1)" and inserting in lieu
thereof "paragraph (1))".
(B) Subparagraph (D) of section 3401(a)(12)
// 26 USC 3401. //
is amended by striking out "section 219(a)" and inserting in lieu
thereof "section 219".
(C) Subsection (d) of section 6047
// 26 USC 6047. //
is amended by striking out "section 219(a)" and inserting in lieu
thereof "section 219".
(D) Paragraph (2) of section 311(c) of the Economic Recovery
Tax Act of 1981
// 26 USC 402. //
is amended to read as follows:
"(2) Subparagraph (J) of section 402(e)(4) (relating to tax on
lump sum distribution) is amended by adding at the end thereof the
following new sentence: ' This subparagraph shall not apply to
distributions of accumulated deductible employee contributions
(within the meaning of section 72(o)(5)).'"
(d) Amendments Related to Section 312.--, // 95 Stat. 283. //
(1) Simplified employee pensions.--,
// 26 USC 408. //
(relating to uniform
relationships of contributions) is amended by striking
out
"on behalf of each employee" and inserting in lieu
thereof
"on behalf of each employee (other than an employee
within the meaning of section 401(c)(1))".
striking out
"$15,000" and inserting in lieu thereof "$17,000".
(2) Conforming amendment.--The last sentence of section 401(
j)(3)
// 26 USC 401. //
is amended--,
lieu
thereof "paragraph (2)", and
(3) Clarification of effective date.--Paragraph (1) of section
312(f) of the Economic Recovery Tax Act of 1981
// 26 USC 72. //
(relating to effective date) is amended by striking out "plans
which include employees within the meaning of section 401(c)(1)
with respect to".
(e) Amendments Related to Section 314.--, // 95 Stat. 286. //
(1) Paragraph (1) of section 314(b) of the Economic Recovery
Tax Act of 1981
// 26 USC 408. //
is amended by striking out "by redesignating subsection (n) as
subsection (o) and by inserting after subsection (m)" and
inserting in lieu thereof "by redesignating subsection (m) as
subsection (n) and by inserting after subsection (1)".
(2) Section 408
// 26 USC 408. //
is amended by redesignating the subsection added by section 314(
b)(1) of the Economic Recovery Tax Act of 1981 as subsection (m).
(f) Amendments Related to Section 321.--, // 95 Stat. 287. //
(1) Subparagraph (A) of section 305(e)(3)
// 26 USC 305. //
(defining qualified public utility) is amended to read as follows:
for
the 10-year period ending on the day before the
beginning
of the taxable year, placed in service qualified
long-life
public utility property having a cost equal to at least
60
percent of the aggregate cost of all tangible property
described in subparagraph (A) or (B) of
section 1245(a)(3)
placed in service by the corporation during such
period."
(2) Clause (ii) of section 305(e)(3)(C) is amended to read as
follows:
(g) Amendments Related to Section 331.--, // 95 Stat. 289. //
(1) Certain regulated companies.--Paragraph (3) of section 44
G(b)
// 26 USC 44 G. //
(relating to certain regulated companies) is amended--,
into
account for the ratemaking purposes involved", and
" Under regulations prescribed by the Secretary, rules similar to
the rules of paragraphs (4) and (7) of section 46(f) shall apply
for purposes of the preceding sentence."
(2) Conforming amendments.--,
// 26 USC 401. //
is amended by striking
out "which would be allowable" and all that follows and
inserting in lieu thereof the following:
"which would be allowable--,
transfer
described in section 48(n)(1), or
// 26 USC 6699. //
of the Economic Recovery
Tax Act of 1981 is amended by striking out "section
6699" and inserting in lieu thereof "section 6699(c)".
// 26 USC 6699. //
is amended by striking
out "subparagraph (A)" and inserting in lieu thereof
"clause (i)".
striking
out "subparagraph (A)" and inserting in lieu thereof
"clause (i)".
// 26 USC 55. //
is amended by striking
out "44 G(b)(1),".
// 26 USC 381. //
added by section
331 of the Economic Recovery Tax Act of 1981 is
redesignated
as paragraph (30).
(h) Amendment Related to Section 334.--The last sentence of section
409 A(h)(2) // 95 Stat. 297. 26 USC 409 A. // is amended by striking
out "the requirements of section 401(a)" and inserting in lieu thereof
"the requirements of this subsection or of section 401(a)".
(i) Amendment Related to Section 337.--Paragraph (2) of section 409
A(d) // 95 Stat. 298. // is amended to read as follows:
"(2) a transfer of a participant to the employment of an
acquiring employer from the employment of the selling corporation
in the case of a sale to the acquiring corporation of
substantially all of the assets used by the selling corporation in
a trade or business conducted by the selling corporation, or".
SEC. 104. AMENDMENTS RELATED TO TITLE IV OF THE ACT.
(a) Amendments Related to Section 403.--, // 95 Stat. 301. //
(1) Property treated as having passed from spouse.--,
// 26 USC 1014. //
(relating to basis of
property acquired from decedent) is amended by adding at
the end thereof the following new paragraph:
"(10) Property includible in the gross estate of the decedent
under section 2044 (relating to certain property for which marital
deduction was previously allowed). In any such case, the last 3
sentences of paragraph (9) shall apply as if such property were
described in the first sentence of paragraph (9)."
(B) Section 2044
// 26 USC 2044. //
(relating to certain property for which marital deduction was
previously allowed) is amended by adding at the end thereof the
following new subsection:
"(c) Property Treated as Having Passed From Decedent.--For purposes
of this chapter and chapter 13, property includible in the gross estate
of the decedent under subsection (a) shall be treated as property
passing from the decedent."
(2) Denial of double deduction.--,
// 26 USC 2056. //
(relating to bequests,
etc., to surviving spouse) is amended by adding at the
end
thereof the following new paragraph:
"(9) Denial of double deduction.--Nothing in this section or
any other provision of this chapter shall allow the value of any
interest in property to be deducted under this chapter more than
once with respect to the same decedent."
// 26 USC 2523. //
(relating to gift to spouse) is amended by
adding at the end thereof the following new subsection:
"(h) Denial of Double Deduction.--Nothing in this section or any
other provision of this chapter shall allow the value of any interest in
property to be deducted under this chapter more than once with respect
to the same donor."
(3) Dispositions of certain life estates.--,
// 26 USC 2519. //
(relating to dispositions
of certain life estates) is amended to read as follows:
"(a) General Rule.--For purposes of this chapter and chapter 11, any
disposition of all or part of a qualifying income interest for life in
any property to which this section applies shall be treated as a
transfer of all interests in such property other than the qualifying
income interest."
the Economic
Recovery Tax Act of 1981
// 95 Stat. 301. //
are each amended by
striking out "chapter 11" and inserting in lieu thereof
"chapter 12".
(4) Time for making election.--Paragraph (4) of section 2523(
f) (relating to election with respect to life estate for donee
spouse) is amended to read as follows:
"(4) Election.--,
subsection
with respect to any property shall be made on or before
the first April 15th after the calendar year in which
the
interest was transferred and shall be made in such
manner
as the Secretary shall by regulations prescribe.
subsection,
once made, shall be irrevocable."
(5) Treatment of certain interest retained by donor spouse.--
Subsection (f) of section 2523 (relating to election with respect
to life estate for donee spouse) is amended by adding at the end
thereof the following new paragraph:
"(5) Treatment of interest retained by donor spouse.--,
terminable
interest property--,
treated as
having transferred such property under section 2519, or
such property is includible in the donee spouse's gross
estate under section 2044."
(6) Amendment of section 2523(f).--Paragraph (3) of section
2523(f)
// 26 USC 2523. //
(relating to certain rules made applicable) is amended by striking
out "the rules of" and inserting in lieu thereof "rules similar to
the rules of".
(7) Cross reference.--Section 2519
// 26 USC 2519. //
is amended by adding at the end thereof the following new
subsection:
"(c) cross Reference.--,
" For right of recovery for gift tax in the case of property
treated as transferred under this section, see section 2207 A(
b)."
(8) Treatment of annuities.--Clause (ii) of section 2056(b)(
7)(B)
// 26 USC 2056. //
is amended by adding at the end thereof the following new
sentence: " To the extent provided in regulations, an annuity
shall be treated in a manner similar to an income interest in
property (regardless of whether the property from which the
annuity is payable can be separately identified)."
(9) Clerical amendment.--Paragraph (2) of section 2035(b)
// 26 USC 2035. //
is amended by striking out "section 6019(a)(2)" and inserting in
lieu thereof "section 6019(2)".
(10) Clarification of effective date.--Paragraph (2) of section
403(e) of the Economic Recovery Tax Act of 1981
// 26 USC 2056 //
is amended by striking out "and paragraphs (2) and (3)(B) of
subsection (d)" and inserting in lieu thereof "paragraphs (2) and
(3)(B) of subsection (d), and paragraph (4)(A) of subsection (d)
(to the extent related to the tax imposed by chapter 12 of the
Internal Revenue Code of 1954)".
// 26 USC 2501 //
(b) Amendments Related to Section 421.--, // 95 Stat. 306. //
(1) Treatment of certain surviving spouses.--Paragraph (5) of
section 2032 A(b)
// 26 USC 2032 A. //
(relating to special rules for surviving spouses) is amended by
adding at the end thereof the following new subparagraph:
spouse, this
subsection and subsection (c) shall be applied by
taking into
account any application of paragraph (4)."
(2) Exchanges of qualified real property.--,
striking
out "subparagraph (A), (B), or (C)" and inserting in
lieu
thereof "subparagraph (A) or (B)".
(3) Transfers of certain farm, etc., real property.--,
// 26 USC 1040. //
(relating to transfer of
certain farm, etc., real property) is amended by
striking out
"such exchange" and inserting in lieu thereof "such
transfer".
// 26 USC 1223. //
(defining holding period of property) is
amended by redesignating paragraph (12) as
paragraph (13)
and by inserting after paragraph (11) the following new
paragraph:
"(12) If--,
such
person within 1 year after the decedent's death, and
with respect
to the decedent,
then the person making such sale or other disposition shall be
considered to have held such property for more than 1 year."
(4) Clarification of effective dates.--,
Economic
Recovery Tax Act of 1981
// 95 Stat. 306. //
is amended by striking out "subsections
(b)(1), (c)(2), (j)(1), and (j)(2)" and inserting in
lieu
thereof "subsections (b)(1), (j)(1), and (j)(2) and the
provisions
of subparagraph (A) of section 2032 A(c)(7) of the
Internal
Revenue Code of 1954
// 26 USC 2032 A //
(as added by subsection (c)(2))".
Economic
Recovery Tax Act of 1981 is amended by striking out
the
second sentence and inserting in lieu thereof the
following:
" If the estate of any decedent would not qualify under
section 2032 A of the Internal Revenue Code of 1954
but for
the amendments described in subparagraph (A) and the
time for making an election under section 2032 A with
respect to such estate would (but for this sentence)
expire
after July 28, 1980, the time for making such election
shall
not expire before the close of February 16, 1982."
Economic
Recovery Tax Act of 1981 is amended by striking out
"within 6 months after the date of the enactment of this
Act" and inserting in lieu thereof "at any time before
February 17, 1982".
Economic
Recovery Tax Act of 1981 is amended--,
February
17, 1982", and
(c) Amendments Related to Section 422.--, // 95 Stat. 314. //
(1) Paragraph (3) of section 6166(b)
// 26 USC 6166. //
(relating to farm houses and certain other structures taken into
account) is amended by striking out "65-percent requirement" and
inserting in lieu thereof "35-percent requirement".
(2) Clauses (i) and (ii) of the first sentence of section
6166(g)(1)(B)
// 26 USC 6166. //
(relating to disposition of interest; withdrawal of funds from
business) are amended to read as follows:
considered
to be such value reduced by the value of the stock
redeemed."
(d) Amendments Related to Section 424.--, // 95 Stat. 317. //
(1) Coordination with section 6166 (a) (1).--,
// 26 USC 2035. //
(relating
to adjustments for gifts made within 3 years of
decedent's
death) is amended by adding at the end thereof the
following
new paragraph:
"(4) Coordination of 3-year rule with section 6166 (a) (1).--
An estate shall be treated as meeting the 35--, percent of
adjusted gross estate requirement of section 6166(a)(1) only if
the estate meets such requirement both with and without the
application of paragraph (1)."
// 26 USC 6166. //
(relating to extension of time for payment of estate tax
where estate consists largely of interest in closely
held
business) is amended by adding at the end thereof the
following new paragraph:
"(5) Transfers within 3 years of death.--,
" For special rule for qualifying an estate under this section
where property has been transferred within 3 years of decedent's
death, see section 2035(d)(4)."
redesignating
subparagraph (D) as subparagraph (C).
(2) Exceptions for certain transfers.--Paragraph (2) of section
2035(d) (relating to exceptions for certain transfers) is
amended--,
(3) Election to have amendments not apply.--,
// 26 USC 2501 //
// 26 USC 2501 //
has been paid
before April 16, 1982,
such decedent's executor may make an election to have subtitle B
of such Code
// 26 USC 2511. //
(relating to estate and gift taxes) applied with respect to such
decedent without regard to any of the amendments made by title IV
of the Economic Recovery Tax Act of 1981.
shall
be irrevocable.
(e) Amendment Related to Section 426.--, // 95 Stat. 318. //
Paragraph (3) of section 2518(c) // 26 USC 2518. // (relating to
disclaimers) is amended by striking out " For purposes of subsection
(a), a" and inserting in lieu thereof " A".
SEC. 105. AMENDMENTS RELATED TO TITLE V OF THE ACT.
(a) Amendments Related to Section 501.--, // 95 Stat. 323. //
(1) Loss computed with respect to unrecognized gain.--,
section 1092(a)(1)
// 26 USC 1092. //
(relating to recognition of loss in case of straddles,
etc.) is
amended by striking out "unrealized gain" and inserting
in
lieu thereof "unrecognized gain".
thereof is
amended to read as follows:
"(3) Unrecognized gain.--For purposes of this subsection--,
section
1092(a)(3)(B)(i) (relating to reporting of gain) are
amended to
read as follows:
// 26 USC 6653. //
(relating to failure to pay tax) is
amended by redesignating subsection (g) as subsection
(f).
striking
out " Unrealized" and inserting in lieu thereof
" Unrecognized".
(2) Clarification of general rule limiting recognition of
loss.--Subparagraph (A) of section 1092(a)(1) is amended by
striking out "which--" and all that follows and inserting in lieu
thereof the following: "which were offsetting positions with
respect to 1 or more positions from which the loss arose."
(3) Coordination with section 1256.--Paragraph (4) of section
1092(d) (relating to special rule for regulated futures contracts)
is amended to read as follows:
"(4) Special rule for regulated futures contracts.--In the case
of a straddle at least 1 (but not all) of the positions of which
are regulated futures contracts, the provisions of this section
shall apply to any regulated futures contract and any other
position making up such straddle."
(4) Clerical amendment.--Subparagraph (C) of section 1092(c)(
2)
// 26 USC 1092. //
(relating to offsetting positions) is amended by striking out
"subsection (a)(3)(B)" and inserting in lieu thereof "subsection
(a)(2)(B)".
(b) Amendments Related to Section 502.--, // 95 Stat. 327. //
(1) In general.--Clause (ii) of section 263(g)(2)(A)
// 26 USC 263. //
(defining interest and carrying charges) is amended to read as
follows:
(2) Effective date.--The amendment made by paragraph (1)
// 26 USC 263 //
shall apply to property acquired, and positions established, by
the taxpayer after September 22, 1982, in taxable years ending
after such date. (c) Amendments Related to Section 503.--,
// 95 Stat. 327 //
(1) Transfers of rights and obligations.--Subsection (c) of
section 1256
// 26 USC 1256. //
(relating to regulated futures contracts marked to market) is
amended to read as follows:
"(c) Terminations, Etc.--,
"(1) In general.--The rules of paragraphs (1), (2), and (3) of
subsection (a) shall also apply to the termination (or
transfer) during the taxable year of the taxpayer's obligation (or
rights) with respect to a regulated futures contract by
offsetting, by taking or making delivery, or otherwise.
"(2) Special rule where taxpayer takes delivery on part of
straddle.--If--,
then, for purposes of this section, each of the other such
contracts shall be treated as terminated on the day on which the
taxpayer took delivery.
"(3) Fair market value taken into account.--For purposes of
this subsection, fair market value at the time of the termination
(or transfer) shall be taken into account."
(2) Identification of mixed straddles.--Subparagraph (B) of
section 1256(d)(4) (defining mixed straddles) is amended by
striking out "such position" and inserting in lieu thereof "the
first regulated futures contract forming part of the straddle".
(3) Active management with respect to syndicates.--, Clause (v)
of section 1256(e)(3)(C) is amended by inserting "(by regulations
or otherwise)" after "determines".
(4) Holding period.--Paragraph (8) of section 1223
// 26 USC 1223. //
(relating to holding period of property) is amended by inserting
"(other than a commodity futures contract to which 1256 applies)"
after "commodity futures contract" the first place it appears.
(5) Foreign currency and cash settlement contracts marked to
market.--,
section
1256 (defining regulated futures contract) is amended
by striking out paragraph (1) and by redesignating
paragraphs
(2) and (3) as paragraphs (1) and (2), respectively.
section
1256
// 26 USC 1256. //
(as amended by subparagraph (A)) is amended by
adding at the end thereof the following new sentence:
" Such term includes any foreign currecny contract."
new
subsection:
"(g) Foreign Currency Contract Defined.--,
"(1) Foreign currency contract.--For purposes of this section,
the term 'foreign currency contract' means a contract--,
"(2) Regulations.--The Secretary shall prescribe such
regulations as may be necessary or appropriate to carry out the
purposes of paragraph (1), including regulations excluding from
the application of paragraph (1) any contract (or type of
contract) if its application thereto would be inconsistent with
such purposes."
// 26 USC 1256 //
// 95 Stat. 323. //
such action,
once taken, shall be irrevocable.
taxpayer
may elect to have the amendments made by subparagraphs
(B) and (C) applied to all positions held in
taxable years ending after May 11, 1982, except that
the provisions of section 509(a) (3) and (4) of the
Economic
Recovery Tax Act of 1981 shall not apply.
(6) Clarification of extension.--Paragraph (3) of section 509(
b) of the Economic Recovery Tax Act of 1981
// 26 USC 1256 //
is amended to read as follows:
"(3) the fair market value on the last business day of the
preceding taxable year for each regulated futures contact
described in paragraph (2), and".
(7) Clerical amendment.--Subparagraph (A) of section 1212(c)(
4)
// 26 USC 1212. //
(defining net commodities futures loss) is amended by striking out
"and positions to which section 1256 applies".
(d) Amendment Related to Section 506.--, // 95 Stat. 332. //
(1) Requirement that options be designated as held for
investment.--Section 1236
// 26 USC 1236. //
(relating to dealers in securities) is amended by adding at the
end thereof the following new subsection:
"(e) Special Rule for Options.--For purposes of subsection (a), any
security acquired by a dealer pursuant to an option held by such dealer
may be treated as held for investment only if the dealer, before the
close of the day on which the option was acquired, clearly identified
the option on his records as held for investment. For purposes of the
preceding sentence, the term 'option' includes the right to subscribe to
or purchase any security."
(2) Effective date.--The amendment made by paragraph (1)
// 26 USC 1236 //
shall apply to securities acquired after September 22, 1982, in
taxable years ending after such date.
(e) Amendment Related to Section 507.--, // 95 Stat. 333. 26 USC
1234 A. // Section 1234 A (relating to gains or losses from certain
terminations) is amended to read as follows:
" SEC. 1234 A. GAINS OR LOSSES FROM CERTAIN TERMINATIONS.
" Gain or loss attributable to the cancellation, lapse, expiration,
or other termination of--,
"(1) a right or obligation with respect to personal property
(as defined in section 1092(d)(1)) which is (or on acquisition
would be) a capital asset in the hands of the taxpayer, or
"(2) a regulated futures contract (as defined in section 1256)
not described in paragraph (1) which is a capital asset in the
hands of the taxpayer,
shall be treated as gain or loss from the sale of a capital asset."
SEC. 106. AMENDMENTS RELATED TO TITLE VI OF THE ACT.
(a) Amendments Related to Section 601.--, // 95 Stat. 335. //
(1) Production from transferred property.--Paragraph (3) of
section 6429(d)
// 26 USC 6429. //
(relating to production from transferred property) is amended by
striking out subparagraph (D).
(2) Allocation of royalty limit.--Subparagraph (B) of section
4994(f)(3)
// 26 USC 4994. //
(relating to allocation of royalty limit) is amended by striking
out "subsection (b)(1)" and inserting in lieu thereof "paragraph
(2)(A)".
(3) Qualified family corporation defined.--Subparagraph (B) of
section 6429(d)(4)
// 26 USC 6429. //
is amended by striking out "other than royalty interests described
in paragraph (2)(A)" and inserting in lieu thereof "other than
royalty interests from which there is qualified royalty production
determined by treating such corporation as a qualified royalty
owner".
(4) Credit or refund for beneficiaries of trust owning royalty
interests.--,
to
rules of special application) is amended by adding at
the
end thereof the following new section:
" SEC. 6430. // 26 USC 6430. // CREDIT OR REFUND OF WINDFALL PROFIT
TAXES TO CERTAIN TRUST BENEFICIARIES.
"(a) General Rule.--That portion of the tax imposed by section 4986
(relating to crude oil windfall profit tax) which is paid by any trust
with respect to any qualified beneficiary's allocable trust production
shall be treated as an overpayment of such tax by such qualified
beneficiary. Any such overpayment shall be credited against the tax
imposed by section 4986 or refunded to such qualified beneficiary.
"(b) Coordination With Royalty Exemption.--,
"(1) In general.--If the aggregate amount of the allocable
trust production of any qualified beneficiary for any calendar
year exceeds such beneficiary's unused exempt royalty limit for
such calendar year, then the amount treated as an overpayment
under subsection (a) with respect to such qualified beneficiary
shall be reduced by an amount which bears the same ratio to the
amount which (but for this paragraph) would be so treated as--,
"(2) Unused exempt royalty limit.--The unused exempt royalty
limit of any qualified beneficiary for any calendar year is the
excess of--,
"(3) Allocation.--Rules similar to the rules of paragraphs (2),
(3), and (4) of section 6429(c) shall apply to the amount
determined under paragraph (2)(A).
"(c) Allocable Trust Production.--For purposes of this section--,
"(1) In general.--The term 'allocable trust production' means,
with respect to any qualified beneficiary, the qualified royalty
production of any trust which--,
paragraph
(2).
"(2) Allocation of production.--,
the
trust and its income beneficiaries as follows:
qualified
royalty production, and
production.--,
Allocations under subparagraph (A) shall be
treated as made pro rata from each unit of the qualified
royalty production.
"(3) Production from transferred property.--,
// 26 USC 613 A. //
and
the
qualified beneficiary are required by subsection (b)(3)
to
share the amount determined under subsection (b)(2)(A).
The preceding sentence shall apply to the transfer of
any
property only if the production attributable to the
property
was allocable trust production or qualified royalty
production
of the transferor.
"(d) Definitions.--For purposes of this section--,
"(1) Qualified beneficiary.--The term 'qualified beneficiary'
means any individual or estate which is a beneficiary of any trust
which is a producer.
"(2) Qualified royalty production.--The term 'qualified royalty
production' means, with respect to any person, taxable crude oil
(within the meaning of section 4991(a)) which is attributable to
an economic interest of such person other than an operating
mineral interest (within the meaning of section 614( d)). Such
term does not include taxable crude oil attributable to any
overriding royalty interest, production payment, net profits
interest, or similar interest of the person which--,
section 613 A(c)(9)(A)) on
the date such interest is created, and
entered
into before June 10, 1981.
"(3) Producer.--The term 'producer' has the meaning given to
such term by section 4996(a)(1).
"(e) Regulations.--The Secretary shall prescribe such regulations as
may be necessary or appropriate to carry out the purposes of this
section."
(B) Allocation of limitation between exempt royalty oil and
allocable trust production.--Paragraph (2) of section 4994(f)
// 26 USC 4994. //
(relating to royalty limit) is amended--,
"(C) Election to increase section 6430 royalty credit by
reducing exemption under this subsection.--Any qualified royalty
owner who is a qualified beneficiary (within the meaning of
section 6430(d)(1)) for any quarter may elect (at such time and in
such manner as the Secretary may prescribe by regulations) to
reduce by any amount the qualified royalty owner's royalty limit
determined under subparagraph (A) for such quarter (after the
application of paragraph (3)(B))."
(C) Technical amendment.--Subparagraph (B) of section 6654(g)(
3)
// 26 USC 6654. //
(relating to estimated tax computed after application of credits
against tax) is amended by inserting "or 6430" after "section
6429".
(D) Conforming amendment.--The table of sections for subchapter
B of chapter 65 is amended by adding at the end thereof the
following new item:
" Sec. 6430. Credit or refund of windfall profit taxes to
certain trust beneficiaries."
(E) Effective date.--,
// 26 USC 6430 //
(b) Amendment Related to Section 603.--Paragraph (2) of section
4994(g) (relating to limitations for certain transferred properties) is
amended by striking out "owned by a person other than an independent
producer (within the meaning of section 4992(b)(1))." and inserting in
lieu thereof "owned by any person (other than the producer) who during
the period of ownership after such date was not an independent producer
(within the meaning of section 4992(b)(1)). The preceding sentence
shall not apply to property so owned by any person if, at the time of
transfer of such property by such person, such property was not a proven
property (within the meaning of section 613 A(c)(9)(A))."
SEC. 107. AMENDMENTS RELATED TO TITLE VII OF THE ACT.
(a) Amendments Related to Section 722.--, // 95 Stat. 341. //
(1) Aggregation of properties.--Subsection (d) of section 6659
// 26 USC 6659. //
(relating to underpayment must be at least $1,000) is amended by
striking out "the valuation overstatement" and inserting in lieu
thereof "valuation overstatements".
(2) Clarification of definition of valuation overstatement.--,
Paragraph (1) of section 6659(c) (defining valuation
overstatement) is amended by striking out "exceeds 150 percent of"
and inserting in lieu thereof "is 150 percent or more of".
(3) Clarification of increase in negligence penalty.--,
Subparagraph (B) of section 6653(a)(2)
// 26 USC 6653. //
(relating to additional amount for portion attributable to
negligence, etc.) is amended by inserting "(or, if earlier, the
date of the payment of the tax)" after "assessment of the tax".
(b) Amendments Related to Section 724.--Subsection (c) of section
5761 // 95 Stat. 344. 26 USC 5761. // (relating to application of
section 6659) is amended--,
(1) by striking out "section 6659(a)" and inserting in lieu
thereof "section 6660(a)", and
(2) by striking out " Section 6659" in the heading and
inserting in lieu thereof " Section 6660".
(c) Amendment Relating to Section 725.--, // 95 Stat. 345. //
(1) Paragraph (1) of section 6654(f)
// 26 USC 6654. //
(relating to exception to penalty for failure to pay estimated tax
where tax is small amount) is amended by striking out "is less
than" and inserting in lieu thereof ", reduced by the credit
allowable under section 31, is less than".
(2) Subsection (a) of section 6015
// 26 USC 6015. //
(relating to requirement of declaration of estimated income tax by
individuals) is amended by striking out "entitled under subsection
(b)" each place it appears and inserting in lieu thereof "entitled
under subsection (c)".
SEC. 108. AMENDMENTS RELATED TO TITLE VIII OF THE ACT.
(a) Amendment Related to Section 802.--Subsection (e) of section 120
// 95 Stat. 349. 26 USC 120. // (relating to termination of exclusion
for amounts received under qualified group legal service plans) is
amended by striking out " This section" and inserting in lieu thereof "
This section and section 501(c)(20)".
(b) Amendment Related to Section 823.--Subparagraph (A) of section
4942(j)(3) // 95 Stat. 351. 26 USC 4942. // is amended by striking out
"and" at the end of clause (i) and inserting in lieu thereof "or".
SEC. 109. EFFECTIVE DATE.
Except as otherwise provided in this title, // 26 USC 1 // any
amendment made by this title shall take effect as if it had been
included in the provision of the Economic Recovery Tax Act of 1981 to
which such amendment relates.
SEC. 201. // 26 USC 1 // AMENDMENTS RELATED TO WINDFALL PROFIT TAX.
(a) Amendments to Section 4988.--, // 26 USC 4988. //
(1) Paragraph (3) of section 4988(b) (defining taxable income
from the property) is amended by striking out "purposes of
paragraph (2)" and inserting in lieu thereof "purposes of this
subsection".
(2) Clause (ii) of section 4988(b)(3)(C) (relating to taxable
income reduced by cost depletion) is amended by striking out "all
taxable periods" and inserting in lieu thereof "all taxable
years".
(b) Amendment to Section 4989.--Paragraph (3) of section 4989(b) //
26 USC 4989. // (relating to inflation adjustment) is amended--,
(1) by striking out "paragraphs (1) and (2)" and inserting in
lieu thereof "paragraphs (1)(A) and (2)", and
(2) by adding at the end thereof the following new sentence: "
For purposes of applying paragraph (1)(B), the revision of the
price deflator which is most consistent with the revision used for
purposes of paragraph (1)(A) shall be used."
(c) Amendment to Section 4991.--Subparagraph (B) of section 4991(d)(
1) // 26 USC 49919 // (defining tier 2 oil) is amended by striking out "
National Petroleum Reserve" and inserting in lieu thereof " Naval
Petroleum Reserve".
(d) Amendments to Section 4992.--, // 26 USC 4992. //
(1) Subsection (b) of section 4992 (defining independent
producer) is amended to read as follows:
"(b) Independent Producer Defined.--For purposes of this section--,
"(1) In general.--The term 'independent producer' means, with
respect to any quarter in any calendar year, any person other than
a person to whom subsection (c) of section 613 A does not apply
for such calendar year by reason of paragraph (2) (relating to
certain retailers) or paragraph (4) (relating to certain refiners)
of section 613 A(d).
"(2) Rules for applying paragraphs (2) and (4) of section 613
A(d).--For purposes of paragraph (1), paragraphs (2) and (4) of
section 613 A(d) shall be applied by substituting 'calendar year'
for 'taxable year' each place it appears in such paragraphs."
(2) Paragraph (2) of section 4992(c) (relating to allocation
where production exceeds independent producer amount) is
amended--,
thereof
"such person's qualified production of oil for such
quarter",
and
inserting in lieu thereof "such person's qualified
production
of oil", and
(3) Clause (i) of section 4992(d)(3)(B) (relating to small
producer transfer exemption) is amended by striking out "has the
property" and inserting in lieu thereof "has the interest".
(e) Amendment to Section 4993.--, // 26 USC 4993. // Subparagraph
(B) of section 4993(c)(2) (relating to requirements for qualified
tertiary recovery project) is amended to read as follows:
"(B) the date on which the injection of liquids, gases, or
other matter begins is after May 1979,".
(f) Amendments to Section 4994.--, // 26 USC 4994. //
(1) Subparagraph (A) of section 4994(c)(2) (relating to refunds
for tertiary projects of integrated producers) is amended by
striking out "the taxpayer" each place it appears and inserting in
lieu thereof "the producer".
(2)(A) Paragraph (1) of section 4994(e)
// 26 USC 4994. //
(defining exempt Alaskan oil) is amended to read as follows:
"(1) from a well located north of the Arctic Circle or from a
reservoir from which oil has been produced in commercial
quantities through such a well, or".
(B) Paragraph (2) of section 4994(e) is amended by striking out
"the divide of the Alaskan-Aleutian range" and inserting in lieu
thereof "the divides of the Alaska and Aleutian ranges".
(3)(A) Subparagraph (A) of section 4994(b)(1) (defining
qualified charitable interest) is amended--,
clause:
of
an organization described in--,
(B) Subparagraph (B) of section 4994(b)(1) is amended by
striking out "or (ii)" and inserting in lieu thereof ", (ii), or
(iv)".
(C) Paragraph (2) of section 4994(b) is amended--,
in lieu
appears
and inserting in lieu thereof "clause (i), (ii), or
(iv)", and
"paragraph
(1)(A)" each place it appears.
(g) Amendments to Section 4995.--, // 26 USC 4995. //
(1) Subparagraph (A) of section 4995(a)(3) (relating to
adjustments for withholding errors) is amended--,
(2) Paragraph (3) of section 4995(a) is amended by striking out
subparagraph (C) and by redesignating subparagraph (D) as
subparagraph (C).
(3) Subparagraph (B) of section 4995(a)(4) (relating to time
payment deemed made) is amended by striking out " The producer"
and inserting in lieu thereof " For purposes of this chapter (and
so much of subtitle F as relates to this chapter), the producer".
(h) Amendments to Section 4996.--, // 26 USC 4996. //
(1)(A) Paragraph (1) of section 4996(a) (defining producer) is
amended by redesignating subparagraph (B) as subparagraph (C) and
by inserting after subparagraph (A) the following new
subparagraph:
"(B) Net profits interests.--,
all
cost recovery oil covered by a net profits agreement
(within the meaning of subsection (h)) shall be treated
as produced by the parties to such agreement in
proportion
to their respective shares (determined after reduction
for such cost recovery oil) of the production of the
crude oil covered by such agreement.
(B) Subparagraph (A) of such paragraph (1) is amended by
striking out "subparagraph (B)" and inserting in lieu thereof
"subparagraphs (B) and (C)".
(C) Section 4996
// 26 USC 4996. //
(relating to other definitions and special rules) is amended by
redesignating subsection (h) as subsection (i) and by inserting
after subsection (g) the following new subsection:
"(h) Terms Used in Subsection (a)(1)(B).--For purposes of subsection
(a)(1)(B) and this subsection--,
"(1) Net profits agreement.--The term 'net profits agreement'
means an agreement entered into (or renewed) after March 31, 1982,
and providing for sharing part or all of the production of crude
oil from a property where--,
after
reduction for the cost recovery oil referred to in
subparagraph
(A).
"(2) Cost recovery oil defined.--The term 'cost recovery oil'
means crude oil produced from the property which is allocated to a
person as reimbursement for qualified costs paid or incurred with
respect to the property. The Secretary shall by regulation
prescribe rules for allocating the cost recovery oil to the oil
produced from the property.
"(3) Qualified costs.--The term 'qualified costs' means any
amount paid or incurred for exploring for, or developing or
producing, 1 or more oil or gas wells on the property.
"(4) Scope of agreement.--A net profits agreement shall be
treated as covering only shares of production of crude oil held by
persons who hold economic interests in the property (determined
without regard to subsection (a)(1)(B))."
(D) Subsection (b) of section 4988
// 26 USC 4988. //
(relating to net income limitation on windfall profit) is amended
by adding at the end thereof the following new paragraph:
"(6) Cost recovery oil covered by net profits agreement.--, For
purposes of paragraph (2), if any person is treated under section
4996(a)(1)(B) as the producer of any portion of the cost recovery
oil covered by a net profits agreement (within the meaning of
section 4996(h))--,
be
treated as paid or incurred by such person (and only by
such person)."
(E) If 90 percent or more of the remaining production referred
to in subparagraph (B) of section 4996(h)(1) of the Internal
Revenue Code of 1954
// 26 USC 4996. //
is to be received by governmental entities, and organizations
described in clause (i), (ii), or (iii) of section 4994(b)(1)(A)
of such Code, which do not share in the costs referred to in
subparagraph (A) of such section 4996(h)(1), then the requirement
of paragraph (1) of section 4996(h) of such Code that the
agreement be entered into (or renewed) after March 31, 1982, shall
not apply.
(2)(A) Paragraph (1) of section 4996(b)
// 26 USC 4996. //
(defining crude oil) is amended by adding at the end thereof the
following new sentence: " In the case of crude oil which is
condensate recovered off the premises by mechanical separation,
such crude oil shall be treated as removed from the premises on
the date on which it is so recovered."
(B) Paragraph (3) of section 4996(b) (defining domestic) is
amended by striking out "an oil well" and inserting in lieu
thereof "a well".
(i) Amendments Related to Section 4997.--, // 26 USC 4997. //
(1) In general.--Subsection (a) of section 4997 (relating to
records and information; regulations) is amended by striking out
"such information" and inserting in lieu thereof "such statements
and other information".
(2) Penalty for failure to make a return.--,
// 26 USC 6652. //
(relating to failure to file
certain information returns, registration statements,
etc.) is
amended by striking out "or" at the end of subparagraph
(F) of paragraph (1), by adding "or" at the end of
paragraph
(2), and by inserting after paragraph (2) the following
new
paragraph:
(relating
to information with respect to windfall profit tax on
crude
oil),"
striking
out "paragraph (2)" and inserting in lieu thereof
"paragraph
(2) or (3)".
(3) Penalty for failure to furnish certain statements.--,
Paragraph (3) of section 6678
// 26 USC 6678. //
(relating to failure to furnish certain statements) is amended by
redesignating subparagraphs (A) through (D) as subparagraphs (B)
through (E), respectively, and by inserting before subparagraph
(B) (as so redesignated) the following:
respect to
windfall profit tax on crude oil),".
(j) Amendments to Estimated Tax Provisions.--,
(1) Paragraph (3) of section 6015(d)
// 26 USC 6015. //
(defining estimated tax in the case of an individual) is amended
to read as follows:
"(3) the amount which the individual estimates as the sum of--,
subchapter
A of chapter 1,
// 26 USC 141. //
and
(2) Paragraph (2) of section 6154(c)
// 26 USC 6154. //
(defining estimated tax in the case of a corporation) is amended
to read as follows:
"(2) the amount which the corporation estimates as the sum
of--,
subchapter
A of chapter 1,
// 26 USC 141. //
and
(3) Subparagraph (B) of section 6654(g)(3)
// 26 USC 6654. //
(defining tax) is amended to read as follows:
(4) Subparagraph (B) of section 6655(e)(2)
// 26 USC 6655. //
(defining tax) is amended to read as follows:
SEC. 202. MISCELLANEOUS PROVISIONS.
(a) Amendment to Section 44 D.--Subsection (f) of section 44 D // 26
USC 44 D. // (relating to application of section) is amended by
striking out " December 3, 1979" each place it appears and inserting in
lieu thereof " December 31, 1979".
(b) Amendment to Section 193.--Paragraph (1) of section 193(b) // 26
USC 193. // (defining qualified tertiary injectant expenses) is amended
by striking out "during the taxable year".
(c) Amendment to Section 223 of the Act.--Paragraph (1) of section
223(a) of the Crude Oil Windfall Profit Tax Act of 1980 // 26 USC 48.
// (relating to boilers fueled by petroleum coke or petroleum pitch) is
amended by striking out " Paragraph (10)" and inserting in lieu thereof
" Subparagraph (A) of paragraph (10)".
(d) Amendments to Section 613 A.--, // 26 USC 613 A. //
(1) Subparagraph (E) of section 613 A(c)(10) is amended by
inserting "and, in the case of any property, also includes
necessary production equipment for such property which is in place
when the property is transferred" before the period at the end
thereof.
(2) Paragraph (2) of section 613 A(d) (relating to exclusion of
retailers) is amended by inserting "(excluding bulk sales of
aviation fuels to the Department of Defense)" after "any product
derived from oil or natural gas" the first place it appears.
(e) Amendment to Section 232 of the Act.--Subsection (h) of section
232 of the Crude Oil Windfall Profit Tax Act of 1980 // 26 USC 44 E. //
(relating to effective dates) is amended by adding at the end thereof
the following new paragraph:
"(4) Addition of denaturants.--Notwithstanding paragraph (1),
the provisions of section 44 E(d)(4)(B) of such Code, as added by
this section, shall take effect on April 2, 1980."
(f) Certain Long-Term Projects.--Subclause (I) of section 46(a)(2)(
C)(iii) // 26 USC 46. // is amended to read as follows:
connection
with the commencement of the construction
of the project have been applied for, and".
SEC. 203. EFFECTIVE DATES.
(a) General Rule.--Except as provided in subsection (b), // 26 USC
4988 // any amendment made by this title shall take effect as if it had
been included in the provision of the Crude Oil Windfall Profit Tax Act
of 1980 // 26 USC 1 // to which such amendment relates.
(b) Exceptions.--, // 26 USC 4988 //
(1) Definition of independent producer.--The amendment made by
section 201(d)(1) shall take effect on January 1, 1983.
(2) Penalty provision.--The amendments made by section 201(i)
shall apply with respect to returns and statements the due dates
for which (without regard to extensions) are after the date of the
enactment of this Act.
(3) Amendments to section 613 A.--,
// 26 USC 613 A. //
of the
Internal Revenue Code of 1954 to periods after
December
31, 1979.
(4) No withholding by reason of condensate provision.--, No
withholding of tax shall be required under section 4995 of the
Internal Revenue Code of 1954 by reason of the amendment made by
section 201(h)(2)(A) of this Act before the date on which
regulations with respect to such amendment are published in the
Federal Register.
(c) No Interest for Past Periods Resulting From Amendments Relating
to Cost Recovery Oil.--, // 26 USC 4996 // No interest shall be paid or
credited with respect to the credit or refund of any overpayment of tax
imposed by the Internal Revenue Code of 1954, and no interest shall be
assessed or collected with respect to any underpayment of tax imposed by
such Code, for any period before the date which is 60 days after the
date of the enactment of this Act, to the extent that such overpayment
or underpayment is attributable to the amendments made by section 201(
h)(1).
SEC. 301. CLARIFICATION OF ATTRIBUTION RULES IN SECTION 1239.
(a) Definition of Related Persons.--Subsection (b) of section 1239 //
26 USC 1239. // (defining related persons) is amended to read as
follows:
"(b) Related Persons.--For purposes of subsection (a), the term
'related persons' means--,
"(1) a husband and wife, and
"(2) a person and all entities which are 80-percent owned
entities with respect to such person."
(b) 80-Percent Owned Entity Defined.--Subsection (c) of section 1239
// 26 USC 1239. // (defining 80-percent owned entity) is amended to
read as follows:
"(c) 80-Percent Owned Entity Defined.--,
"(1) General rule.--For purposes of this section, the term
'80-percent owned entity' means, with respect to any person--,
indirectly)
by or for such person, and
(directly or
indirectly) by or for such person.
"(2) Constructive ownership.--For purposes of subparagraphs (A)
and (B) of paragraph (1), the principles of section 318 shall
apply, except that--,
SEC. 302. CORRECTION OF CLERICAL ERROR IN SECTION 453 B(d)(2).
Paragraph (2) of section 453 B(d) // 26 USC 453 B. // (relating to
liquidations to which section 337 applies) is amended by striking out
"to the extent that under paragraph (1)" and inserting in lieu thereof
"to the extent that under subsection (a)".
SEC. 303. CLARIFICATION OF INSTALLMENT SALE RULES WITH RESPECT TO
LIKE-KIND EXCHANGES.
Subparagraph (C) of section 453(f)(6) // 26 USC 453. // (relating to
like-kind exchanges) is amended by inserting ", when used in any
provision of this section other than subsection (b)(1)," after "the term
'payment'".
SEC. 304. TECHNICAL CORRECTIONS TO BANKRUPTCY TAX ACT OF 1980.
(a) Correction of Clerical Error Relating to Cross Reference.--, The
last sentence of subsection (e) of section 443 // 26 USC 443. //
(relating to returns for a period of less than 12 months) is amended by
striking out "section 1398(d)(3)(E)" and inserting in lieu thereof
"section 1398(d)(2)(E)".
(b) Clarification of Certain Transfers of Assets in Subparagraph (G)
Reorganizations.--The last sentence of subparagraph (C) of section 368(
a)(2) // 26 USC 368. // (relating to special rules relating to
definition of reorganization) is amended by striking out "or stock".
(c) Transfer of Assets in a Title 11 or Similar Case.--Clause (i) of
section 368(a)(3)(B) (relating to transfer of assets in a title 11 or
similar case) is amended by striking out "such corporation" and
inserting in lieu thereof "any party to the reorganization".
(d) Recapture of Gain on Subsequent Sale of Stock.--Subparagraph (A)
of section 108(e)(7) // 26 USC 108. // (relating to recapture of gain
on subsequent sale of stock) is amended--,
(1) by striking out "and" at the end of clause (i),
(2) by striking out the period at the end of clause (ii) and
inserting in lieu thereof ", and", and
(3) by inserting after clause (ii) the following new clause:
SEC. 305. MISCELLANEOUS AMENDMENTS.
(a) Effective Date of Section 404 A.--Subparagraph (E) of section 2(
e)(2) of Public Law 96 - 603 // 26 USC 404 A // is amended by striking
out "was barred" and inserting in lieu thereof "was not barred".
(b) Redesignation of Section 194.--,
(1) The section 194
// 26 USC 194, 194 A. //
which relates to contributions to employer liability trusts is
hereby redesignated as section 194 A.
(2) The table of sections for part VI of subchapter B of
chapter 1 is amended by striking out the item relating to the
section 194 which relates to contributions to employer liability
trusts and inserting in lieu thereof the following:
" Sec. 194 A. Contributions to employer liability trusts."
(c) Amendment Related to Section 421 of the Revenue Act of 1978.--
The last sentence of section 55(b)(1), // 26 USC 55. // as in effect on
the day before the date of the enactment of the Tax Equity and Fiscal
Responsibility Act of 1982, is amended by striking out "subparagraph
(A)" and inserting in lieu thereof "subparagraph (A) (and in determining
the sum of itemized deductions for purposes of subparagraph (C)(i))".
(d) Amendments Related to Subchapter S Revision Act of 1982.--,
(1)(A) Section 6 of the Subchapter S Revision Act of 1982 is
amended by adding at the end thereof the following new subsection:
"(f) Taxable Year of S Corporations.--Section 1378 of the Internal
Revenue Code of 1954 (as added by this Act) shall take effect on the day
after the date of the enactment of this Act. For purposes of applying
such section, the reference in subsection (a)(2) of such section to an
election under section 1362(a) shall include a reference to an election
under section 1372(a) of such Code as in effect on the day before the
date of the enactment of this Act."
(B) If--,
of
the enactment of this Act, stock or securities were
transferred
to a small business corporation (as defined in section
1361(b) of the Internal Revenue Code of 1954 as
amended by
the Subchapter S Revision Act of 1982) in a
transaction to
which section 351 of such Code applies, and
then such stock or securities shall not be taken into account
under section 333(e)(2) of such Code.
(2) Subsection (e) of section 1368 (relating to distributions)
is amended by adding at the end thereof the following new
paragraph:
"(3) Election to distribute earnings first.--,
consent
of all of its affected shareholders, elect to have
paragraph
(1) of subsection (c) not apply to all distributions
made during the taxable year for which the election is
made.
subparagraph
(A), the term 'affected shareholder' means any
shareholder
to whom a distribution is made by the S corporation
during the taxable year."
(3) Subsection (d) of section 1374
// 26 USC 1374. //
(relating to determination of taxable income) is amended by
striking out "subsections (a)(2) and (b)(2)" and inserting in lieu
thereof "this section".
(4) Subparagraph (B) of section 221(b)(1)
// 26 USC 221. //
is amended by striking out "(9),".
(5) The last sentence of section 4975(d)
// 26 USC 4975. //
is amended by striking out "section 1379" and inserting in lieu
thereof "section 1379, as in effect on the day before the date of
the enactment of the Subchapter S Revision Act of 1982".
(e) Amendment Related to Miscellaneous Revenue Act of 1982.--
Subsection (c) of section 105 of the Miscellaneous Revenue Act of 1982
is amended by striking out "the amendment made by subsection (a)" and
inserting in lieu thereof "the amendment made by subsection (b)".
SEC. 306. TECHNICAL AMENDMENTS TO THE REVENUE PROVISIONS OF THE TAX
EQUITY AND FISCAL RESPONSIBILITY ACT OF 1982.
(a) Amendments Related to Title II.--,
(1) Amendments related to section 201.--,
Responsibility
Act of 1982 is amended--,
subsection
(d), and
// 26 USC 56 //
in subsection
(e)(2) and inserting in lieu thereof
"subsection (d)(1)".
// 26 USC 55. //
(defining qualified
investment income) is amended by striking out "net
capital
gain" and inserting in lieu thereof "capital gain net
income".
adjustments
to net operating loss computation) is amended by
striking out "subparagraph (A)" and inserting in lieu
thereof
"paragraph (1)".
(2) Amendment related to section 204.--Paragraph (1) of section
291(a)
// 26 USC 291. //
(relating to 15-percent reduction for certain preference items) is
amended by adding at the end thereof the following new sentence:
" Under regulations prescribed by the Secretary, the provisions of
this paragraph shall not apply to the disposition of any property
to the extent section 1250(a) does not apply to such disposition
by reason of section 1250(d)."
(3) Amendment related to section 205.--Paragraph (3) of section
48(q)
// 26 USC 48. //
(relating to basis adjustment to section 38 property) is amended
by striking out "paragraphs (1) and (2)" and inserting in lieu
thereof "paragraphs (1) and (2) of this subsection and paragraph
(5) of subsection (d)".
(4) Amendments related to section 208.--,
amended--,
// 26 USC 168 //
and inserting in lieu thereof
"engaged in the furnishing of electric energy to persons
in rural areas", and
// 26 USC 168 //
of such Code,
as added by subsection (b)(4)" after "as added by
subsection
(a)(1)" in paragraph (5) thereof.
// 26 USC 168 //
(relating to
effective dates) is amended by adding at the end
thereof the
following new paragraph:
"(7) Coordination with at risk rules.--Subparagraph (J) of
section 168(f)(8) of the Internal Revenue Code of 1954 (as added
by subsection (b)(4)) shall take effect as provided in such
subparagraph (J)."
// 26 USC 168 //
of such Act
(defining transitional safe harbor lease property) is
amended to read as follows:
subparagraph
if--,
subparagraph,
the term 'light-duty truck' means any truck
with a gross vehicle weight of 13,000 pounds or less.
Such term shall not include any truck tractor.
(5) Amendment related to section 211.--Paragraph (2) of section
211(e) of the Tax Equity and Fiscal Responsibility Act of 1982
// 26 USC 907 //
(relating to effective date for foreign tax credit for taxes on
oil and gas income) is amended to read as follows:
"(2) Retention of old sections 907(b) and 904(f)(4) where
taxpayer had separate basket foreign loss.--,
sections 907(b)
and 904(f)(4) to a taxable year beginning before
January 1,
1983, the taxpayer had a separate basket foreign loss,
such
loss shall not be recaptured from income of a kind not
taken into account in computing the amount of such
separate
basket foreign loss more rapidly than ratably over the
8-year period beginning with the first taxable year
beginning
after December 31, 1982.
the
day before the date of the enactment of this Act."
(6) Amendments related to section 222.--,
// 26 USC 302 //
of
such Act is amended by inserting", except that in
applying
such section both direct and indirect owership of stock
shall be taken into account" before the period at the
end
thereof.
// 26 USC 312. //
(relating to earnings
and profits of foreign investment companies) is amended
by
striking out "in partial liquidation or".
"(3) Redemptions.--".
(7) Amendment related to section 223.--Subparagraph (B) of
section 223(b)(2)
// 26 USC 311 //
of such Act (relating to effective date for changes in tax
treatment of distributions of appreciated property in redemption
of stock) is amended to read as follows:
(8) Amendments related to section 224.--,
definitions
and special rules) is amended by adding at the end
thereof
the following new paragraphs:
"(8) Target not treated as member of affiliated group.--,
Except as otherwise provided in paragraph (9) or in regulations
prescribed under this paragraph, the target corporation shall not
be treated as a member of an affiliated group with respect to the
sale described in subsection (a)(1).
"(9) Elective recognition of gain or loss by target
corporation, together with nonrecognition of gain or loss on stock
sold by selling consolidated group.--,
member of
the selling consolidated group with respect to such
sale, and
(to the extent provided in regulations) no gain or loss
will be
recognized on stock sold or exchanged in the
transaction by
members of the selling consolidated group.
"(B) Selling consolidated group.--For purposes of
subparagraph
(A), the term 'selling consolidated group' means
any group of corporations which (for the taxable period
which includes the transaction)--,
of
the enactment of this Act, and
negotiated
on the contemplation that, with respect to the
deemed sale under section 338 of the Internal Revenue
Code of 1954, the target corporation would be treated
as
a member of the affiliated group which includes the
selling corporation,
then the amendment made by clause (i) shall not apply to such
qualified stock purchase.
(B)(i) Subsection (d) of section 224
// 26 USC 338 //
of such Act is amended by adding at the end thereof the following
new paragraphs:
"(4) Extension of time for making elections; revocation of
elections.--,
"(A) Extension.--The time for making an election under section
338 of such Code shall not expire before the close of February 28,
1983.
"(B) Revocation.--Any election made under section 338 of such
Code may be revoked by the purchasing corporation if revoked
before March 1, 1983.
"(5) Rules for acquisitions described in paragraph (2).--,
"(A) In general.--For purposes of applying section 338 of such
Code with respect to any acquisition described in paragraph (2)--,
August 31, 1982)
shall apply, and
of
such section 338, shall not apply.
"(B) Selection of acquisition date by purchasing
corporation.--, The purchasing corporation may select any date for
purposes of subparagraph (A)(i) if such date--,
acquisition
date (within the meaning of section 338 of such
Code without regard to this paragraph), and
(ii) Subparagraph (A) of section 224(d)(2)
// 26 USC 338 //
of such Act is amended by striking out "under paragraph (1)" and
inserting in lieu thereof "(within the meaning of section 338 of
such Code without regard to paragraph (5) of this subsection)".
(9) Amendments related to section 231.--,
(A) Clause (ii) of section 263(g)(2)(B)
// 26 USC 263. //
(defining interest and carrying charges) is amended by striking
out "section 1232(a)(4)(A)" and inserting in lieu thereof "section
1232(a)(3)(A)".
(B) Section 1232
// 26 USC 1232. //
(relating to bonds and other evidences of indebtedness) is amended
by redesignating subsection (d) as subsection (c).
(C)(i) The next to the last sentence of section 1232(b)(2)
(defining issue price) is amended by striking out "(other than a
bond or other evidence of indebtedness or an investment unit
issued pursuant to a plan of reorganization within the meaning of
section 368(a)(1) or an insolvency reorganization within the
meaning of section 371 or 374)".
(ii) Subsection (b) of section 1232 is amended by adding at the
end thereof the following new paragraph:
"(4) Special rule for exchange of bonds in reorganizations.--,
"(A) In general.--If--,
reorganization
within the meaning of section 368(a)(1) for
another bond (hereinafter in this paragraph referred to
as the 'old bond'), and
then, for purposes of the next to the last sentence of paragraph
(2), the fair market value of the old bond shall be treated as
equal to its adjusted issue price.
"(B) Definitions.--For purposes of this paragraph--,
(iii) For purposes of paragraph (4) of section 1232(b)
// 26 USC 1232 //
of the Internal Revenue Code of 1954 (as added by clause (ii)),
any insolvency reorganization within the meaning of section 371 or
374 of such Code shall be treated as a reorganization within the
meaning of section 368(a)(1) of such Code.
(iv) The amendments made by this subparagraph
// 26 USC 1232 //
shall apply to evidences of indebtedness issued after December 13,
1982; except that such amendments shall not apply to any evidence
of indebtedness issued after such date pursuant to a written
commitment which was binding on such date and at all times
thereafter.
(10) Amendment related to section 235.--Section 235(g)(5) // 26 USC
415 // of such Act is amended by striking out "section 253" and
inserting in lieu thereof "section 242".
(11) Amendment related to section 236.--Subsection (c) of section 236
// 26 USC 72 // of the Tax Equity and Fiscal Responsibility Act of 1982
(relating to effective date) is amended by adding at the end thereof the
following new paragraph:
"(3) Treatment of certain renegotiations.--If--,
"(A) the taxpayer after August 13, 1982, and before September
4, 1982, borrows money from a government plan (as defined in
section 219(e)(4) of the Internal Revenue Code of 1954),
"(B) under the applicable State law, such loan requires the
renegotiation of all outstanding prior loans made to the taxpayer
under such plan, and
"(C) the renegotiation described in subparagraph (B) does not
change the interest rate on, or extend the duration of, any such
outstanding prior loan,
then the renegotiation described in subparagraph (B) shall not be
treated as a renegotiation, extension, renewal, or revision for purposes
of paragraph (1). If the renegotiation described in subparagraph (B)
does not meet the requirements of subparagraph (C) solely because it
extends the duration of any such outstanding prior loan, the
requirements of subparagraph (C) shall be treated as met with respect to
such renegotiation if, before April 1, 1983, such extension is
eliminated."
(12) Amendment related to section 237.--Paragraph (2) of section
401(d) // 26 USC 401. // (as redesignated by section 237 of the Tax
Equity and Fiscal Responsibility Act of 1982) is amended by striking out
"paragraph (9)(B)" and inserting in lieu thereof "paragraph (1)( B)".
(13) Amendment related to section 266.--Section 266(c)(3) // 26 USC
101. // of such Act is amended by striking out "section 103(f)(2)(C)"
and inserting in lieu thereof "section 101(f)(2)(C)".
(14) Amendment related to section 283.--Section 283(b)(2)(B) // 26
USC 5701. // of such Act (relating to liability for tax and method of
payment) is amended by striking out " January 18" and inserting in lieu
thereof " February 17".
(b) Amendments Related to Title III.--,
(1) Amendments related to section 302.--,
// 26 USC 31. //
(relating to year for which
credit allowed) is amended to read as follows:
"(d) Year for Which Credit Allowed.--,
"(1) Wages.--Any credit allowed--,
is
withheld, or
year
beginning in the calendar year in which the wages are
received.
For purposes of this paragraph, if more than 1 taxable year begins
in a calendar year, such amount shall be allowed as a credit for
the last taxable year so beginning.
"(2) Interest, dividends, and patronage dividends.--Any credit
allowed by subsection (b) shall be allowed for the taxable year of
the recipient of the income in which the amount is received."
// 26 USC 31. //
is hereby repealed.
(2) Amendment related to section 310.--Subsection (d) of
section 310
// 26 USC 103. //
of the Tax Equity and Fiscal Responsibility Act of 1982 (relating
to effective date for requirement that obligations be registered)
is amended by adding at the end thereof the following new
paragraph:
"(4) Effective date for tax-exempt obligations.--In the case of
obligations the interest on which is exempt from tax (determined
without regard to the amendments made by this section)--,
the amendments made by this section shall apply only to
obligations issued after June 30, 1983. The preceding sentence
shall not apply in the case of any obligation which under the
Internal Revenue Code of 1954 (as in effect on the day before the
date of the enactment of the Tax Equity and Fiscal Responsibility
Act of 1982) was required to be in registered form."
(3) Amendment related to section 336.--Section 7701(a)
// 26 USC 7701. //
(relatting to definitions) is amended by redesignating paragraph
(38) (as added by section 336(a) of the Tax Equity and Fiscal
Responsibility Act of 1982) as paragraph (39).
(4) Amendment related to section 339.--Subparagraph (B) of
section 6038 A(c)(2)
// 26 USC 6038 A. //
(defining controlled group) is amended by inserting ",(b)(2)(C),"
after "(a)(4)".
(5) Amendment related to section 354.--Paragraph (23) of
section 501(c)
// 26 USC 501. //
(relating to exempt organizations) is amended by striking out "25
percent" and inserting in lieu thereof "75 percent".
(c) Amendments Related to Title IV.--,
(1) Amendments related to section 402.--,
// 26 USC 6226. //
(relating to
determination of court reviewable) is amended by
striking
out " Only" and inserting in lieu thereof " With
respect to
the partnership, only".
// 26 USC 6228. //
(relating to
determination of court reviewable) is amended by
striking
out " Only" and inserting in lieu thereof " With
respect to
the partnership, only".
(2) Amendments related to section 405.--,
// 26 USC 6679. //
of the Tax Equity and
Fiscal Responsibility Act of 1982 is amended to read
as
follows:
"(b) Penalty.--Subsection (a) of section 6679 (relating to failure to
file returns as to organization or reorganization of foreign
corporations and acquisition of their stock), as amended by section
340(b)(1), is amended by striking out 'section 6035 or 6046' and
inserting in lieu thereof 'section 6035, 6046, or 6046 A'."
(B) Paragraphs (2) and (3) of section 405(c) of such Act are
amended to read as follows:
"(2) The section heading of section6679, as amended by section 340(
b)(2), is amended to read as follows:
"' SEC. 6679. FAILURE TO FILE RETURNS, ETC., WITH RESPECT TO FOREIGN
CORPORATIONS OR FOREIGN PARTNERSHIPS.'
"(3) The table of sections for subchapter B of chapter 68 is amended
by striking out the item relating to section 6679 and inserting in lieu
thereof the following:
"' Sec. 6679. Failure to file returns, etc., with respect to
foreign corporations or foreign partnerships.'"
SEC. 307. EXTENSION OF CERTAIN PROVISIONS RELATING TO MEMBERS OF THE
ARMED FORCES MISSING IN ACTION.
(a) Surviving Spouse.--Clause (i) of section 2(a)(3)(B) // 26 USC 2.
// (relating to special rule where deceased spouse was in missing
status) is amended by striking out " January 2, 1978" and inserting in
lieu thereof " December 31, 1982".
(b) Income Taxes on Members of Armed Forces on Death.--, Paragraph
(1) of section 692(b) // 26 USC 692. // (relating to income taxes of
members of the Armed Forces on death while in a missing status) is
amended by striking out " January 2, 1978" and inserting in lieu thereof
" December 31, 1982".
(c) Joint Returns by Husband and Wife.--The last sentence of section
6013(f)(1) // 26 USC 6013. // (relating to joint return where
individual is in missing status) is amended by striking out " January 2,
1978" and inserting in lieu thereof " December 31, 1982".
(d) Time for Performing Certain Acts Postponed.--Paragraph (1) of
section 7508(b) // 26 USC 7508. // (relating to the application to
spouse of provisions relating to the time for performing certain acts
postponed by reason of service in combat zone) is amended by striking
out " January 2, 1978" and inserting in lieu thereof " December 31,
1982".
SEC. 308. EXTENSION OF TIME FOR PAYMENT OF CIGARETTE TAX.
(a) In General.--Subsection (b) of section 5703 // 26 USC 5703. //
(relating to method of payment of tax) is amended to read as follows:
"(b) Method of Payment of Tax.--,
"(1) In general.--The taxes imposed by section 5701 shall be
determined at the time of removal of the tobacco products and
cigarette papers and tubes. Such taxes shall be paid on the basis
of return. The Secretary shall, by regulations, prescribe the
period or the event for which such return shall be made and the
information to be furnished on such return. Any postponement
under this subsection of the payment of taxes determined at the
time of removal shall be conditioned upon the filing of such
additional bonds, and upon compliance with such requirements, as
the Secretary may prescribe for the protection of the revenue.
The Secretary may, by regulations, require payment of tax on the
basis of a return prior to removal of the tobacco products and
cigarette papers and tubes where a person defaults in the
postponed payment of tax on the basis of a return under this
subsection or regulations prescribed thereunder. All
administrative and penalty provisions of this title, insofar as
applicable, shall apply to any tax imposed by section 5701.
"(2) Time for making of return and payment of taxes.--In the
case of tobacco products and cigarette papers and tubes removed
after December 31, 1982, under bond for deferred payment of tax,
the last day for filing a return and paying any tax due for each
return period shall be the last day of the first succeeding return
period plus 10 days."
(b) Effective Date.--The amendments made by subsection (a) // 26 USC
5703. // shall apply with respect to tobacco products and cigarette
papers and tubes removed after December 31, 1982.
SEC. 309. TECHNICAL CORRECTIONS RELATING TO SPENDING REDUCTION
PROVISIONS OF TAX EQUITY AND FISCAL RESPONSIBILITY ACT OF 1982.
(a)(1) Section 101(b)(2)(B) of the Tax Equity and Fiscal
Responsibility Act of 1982 // 42 USC 1395ww. // is amended by striking
out "title 5" and inserting in lieu thereof "title 44".
(2) Section 104(b) of such Act // 42 USC 1395u. // is amended by
striking out "made by this section".
(3) Section 108 of such Act // 42 USC 1395xx. // is amended by
redesignating subsection (c) as subsection (b).
(4) Section 109(b)(2) of such Act // 42 USC 1395x. // is amended by
striking out "section 108(b)(2)" and inserting in lieu thereof "section
108(a)(2)".
(5) Section 122(g)(5) of such Act // 42 USC 1395cc. // is amended by
striking out "1866(b)(2)(A)" and inserting in lieu thereof "1866(a)(
2)(A)".
(6) Section 122 of such Act // 42 USC 1395b-1, 1395f. // is amended
by redesignating the last three subsections as subsections (i), (j), and
(k).
(7) Section 122(k) of such Act // 42 USC 1395f. // (as redesignated
by paragraph (6)) is amended by striking out "1861(dd)(2)(A)(iv)" and
inserting in lieu thereof "1861(dd)(2)(A)(iii)".
(8) Section 131 of such Act // 42 USC 1396a, 1396o. // is amended by
redesignating the last two subsections thereof as subsections (c) and
(d).
(9)(A) The second sentence of section 150(a) of such Act // 42 USC
1320c. // and the first sentence of section 150(b) of such Act are each
amended by striking out "contract" and inserting in lieu thereof
"agreement".
(B) The first sentence of section 150(b) of such Act is amended by
striking out "contracts" and inserting in lieu thereof "agreements".
(10) Section 278(c)(2)(A) of such Act // 42 USC 426 // is amended by
striking out "paragraph (3) of that subsection" and inserting in lieu
thereof "paragraph (2) of that subsection".
(11) Section 278(d) of such Act is amended--,
(A) by amending paragraph (1) to read as follows:
"(1) In general.--For purposes of sections 226, 226 A, and 1811
of the Social Security Act, in the case of any individual who
performs service both during January 1983, and before January 1,
1983, which constitutes medicare qualified Federal employment (as
defined in section 210(p) of such Act), the individual's medicare
qualified Federal employment (as so defined) performed before
January 1, 1983, for which remuneration was paid before such date,
shall be considered to be 'employment' (as defined for purposes of
title II of such Act), but only for the purpose of providing the
individual (or another person) with entitlement to hospital
insurance benefits under part A of title XVIII of such Act.";
(B) by striking out paragraph (2); and
(C) by redesignating paragraph (3) as paragraph (2) and
striking out "or (2)" in subparagraph (A) thereof.
(b)(1) Section 226 A(a)(1)(B)(iii) of the Social Security Act // 42
USC 426 - 1. // is amended by striking out "210(p)) after December
31,1982," and inserting in lieu thereof "section 210(p))".
(2) Section 1153(d) of such Act // 42 USC 1320c-2. // is amended--,
(A) in paragraph (1), by striking out "(c)(5)(B)" and inserting
in lieu thereof "(c)(6)(B)"; and
(B) in paragraph (2), by striking out "(c)(5)(C)" and inserting
in lieu thereof "(c)(6)(B)".
(3) Section 1154(a)(1)(A) of such Act // 42 USC 1320c-3. // is
amended by striking out "or otherwise allowable under section 1862(a)(
1)" and inserting in lieu thereof "and whether such services and items
are not allowable under subsection (a)(1) or (a)(9) of section 1862".
(4) Section 1154(a)(2)(B) of such Act // 42 USC 1320c-3. // is
amended by striking out "posthospital".
(5) Section 1812(d)(2)(A) of such Act // 42 USC 1395d. // is amended
by striking out "or to other than services" and inserting in lieu
thereof "or to services".
(6) The heading of subsection (i) of section 1814 of such Act is
amended to read as follows:
(7) Section 1814(i)(1) of such Act // 42 USC 1395f. // is amended by
inserting "made" before "for bereavement counseling".
(8) Section 1839(d) of such Act // 42 USC 1395r. // is amended by
striking out "subsection (b) or (c)" and inserting in lieu thereof
"subsection (b), (c), or (g)".
(9) The heading of subsection (dd) of section 1861 of such Act is
amended to read as follows:
(10) Section 1862(b)(3)(A)(i) of such Act // 42 USC 1395y. // is
amended--,
(A) by inserting "in any month" after "service furnished"; and
(B) by inserting "during any part of such month" after "70
years of age" each place it appears.
(11) Section 1866(a)(2)(A) of such Act // 42 USC 1395cc. // is
amended by inserting a comma after "1813(a)(1)".
(12) Section 1876(g)(1) of such Act // 42 USC 1395mm. // is amended
by striking out "subsection (b)(1)" and inserting in lieu thereof
"subsection (b)".
(13) Section 1886(a)(4) of such Act // 42 USC 1395ww. // is amended
by striking out "and such costs are determined" and inserting in lieu
thereof "as such costs are determined".
(14) Section 1886(b)(1) of such Act is amended by striking out
"sections 1814(b)" and inserting in lieu thereof "section 1814(b),".
(15) Section 1886(b)(6)(C) of such Act is amended by striking out
"under this subsection" in the matter before clause (i) and inserting in
lieu thereof "under this title (taking into account any limitation under
subsection (a))".
(16) Section 1903(t)(3) of such Act // 42 USC 1396b. // is amended
to read as follows:
"(3) Only for the purposes of computing under this subsection the
Federal share of expenditures for a State for fiscal years 1982, 1983,
and 1984 (in the case of the payment which may be made for the first
quarter of fiscal years 1983, 1984, and 1985, respectively), the Federal
medical assistance percentage for fiscal years 1982, 1983, and 1984
shall be the lower of the Federal medical assistance percentage for the
State in effect for fiscal year 1981, or the Federal medical assistance
percentage for the State in effect for fiscal year 1982.".
(17) Section 1915(c)(2)(B) of such Act // 42 USC 1396n. // is
amended by striking out "need for such services" in the matter following
clause (iii) and inserting in lieu thereof "need for such skilled
nursing facility or intermediate care facility services".
(18) Section 1916(c) of such Act // 42 USC 1396o. // is amended by
striking out "this subparagraph" and inserting in lieu thereof "this
subsection".
(19) Section 1916(d) of such Act // 42 USC 1396o. // is amended by
striking out "unless authorized under this section" and inserting in
lieu thereof", except as provided in subsections (a)(3) and (b)(3)".
(20) Section 1916(d)(5) of such Act is amended by striking out "in
which participation is voluntary, or in which provision is made" and
inserting in lieu thereof "is voluntary, or makes provision".
(21) Section 1917(b)(2)(B) of such Act // 42 USC 1396p. // is
amended by striking out "and has lawfully resided" and inserting in lieu
thereof "who has lawfully resided".
(22) Section 1917(c)(2)(B)(iii) of such Act is amended--,
(A) in subclause (I), by striking out "cannot" and inserting in
lieu thereof "can"; and
(B) in subclause (IV), by striking out "if".
(23) Subsection (p) of section 210 of such Act // 42 USC 410. // (as
added by section 269(b) of the Tax Equity and Fiscal Responsibility Act
of 1982, relating to treatment of real estate agents) is redesignated as
subsection (q).
(c)(1) Any amendment to the Tax Equity and Fiscal Responsibility Act
of 1982 // 42 USC 426 // made by this section shall be effective as if
it had been originally included in the provision of such Act to which
such amendment relates.
(2) Any amendment to the Social Security Act // 42 USC 426 - 1 //
made by this section shall be effective as if it had been originally
included as a part of that provision of the Social Security Act to which
it relates, as such provision of such Act was amended or added by the
Tax Equity and Fiscal Responsibility Act of 1982.
(d) In order to avoid unfairly discriminating against professional
standards review organizations whose performance was evaluated during
the first and second calendar quarters of 1982, the Secretary of Health
and Human Services shall disregard the results of such evaluations and
shall carry out such new evaluations of such organizations as may be
necessary to select utilization and quality control peer review
organizations in accordance with subtitle C of title I of the Tax Equity
and Fiscal Responsibility Act of 1982 and part B of title XI of the
Social Security Act as amended by such subtitle.
(e) Section 122(i) of the Tax Equity and Fiscal Responsibility Act of
1982 // 42 USC 1395b-1 // (as redesignated by subsection (a)(6) of this
section) is amended by adding at the end thereof the following new
paragraph:
"(3)(A) Notwithstanding the provisions of paragraph (1), the
Secretary of Health and Human Services, upon request of the hospice
involved, shall permit continuation of a hospice demonstration project
described in paragraph (1) until September 30, 1986, if the hospice
involved in such demonstration project does not provide hospice care
directly but acts as a channeling agency for the provision of hospice
care.
"(B) During the period after the date on which a hospice
demonstration project described in subparagraph (A) would otherwise have
terminated under the provisions of paragraph (1), and prior to September
30, 1986, any such hospice demonstration project shall be subject to the
same requirements as are imposed under the hospice program provided for
under the amendments made by this section with respect to reimbursement
and benefits, other than the requirement that certain benefits be
provided directly by the hospice involved.".
SEC. 310. TECHNICAL CORRECTION RELATING TO FEDERAL SUPPLEMENTAL
UNEMPLOYMENT COMPENSATION PROGRAM.
(a) Section 602(d) of the Tax Equity and Fiscal Responsibility Act of
1982 // 26 USC 3304 // is amended--,
(1) by striking out "and" at the end of paragraph (1);
(2) by striking out the period at the end of paragraph (2) and
inserting in lieu thereof "; and"; and
(3) by inserting after paragraph (2) the following new
paragraph:
"(3) the maximum amount of Federal supplemental compensation
payable to any individual for whom an account is established under
subsection (e) shall not exceed the lesser of (A) the amount
established in such account for such individual, or (B) in the
case of an individual filing a claim under the interstate benefit
payment plan for Federal supplemental compensation, an amount
equal to his average weekly benefit amount (as determined for
purposes of section 202(b)(1)(C) of the Federal--, State Extended
Unemployment Compensation Act of 1970) for his benefit year,
multiplied by the number '6', '8', or '10', whichever is
applicable under subsection (e)(2)(A)(ii) in the State in which
such individual is filing such interstate claim under the
interstate benefit payment plan for the week in which he is filing
such claim.".
(b) The amendment made by subsection (a) // 26 USC 3304 // shall be
effective as if it had been originally included in section 602 of the
Tax Equity and Fiscal Responsibility Act of 1982.
SEC. 311. EFFECTIVE DATES.
(a) For Sections 301, 302, and 303.--The amendments made by sections
301, 302, and 303 // 26 USC 453 // shall apply to dispositions made
after October 19, 1980, in taxable years ending after such date.
(b) For Section 304.--,
(1) The amendment made by subsection (a) of section 304
// 26 USC 443 //
shall take effect as if included in the amendments made by section
3 of the Bankruptcy Tax Act of 1980.
// 94 Stat. 3397. //
(2) The amendment made by subsection (b) of section 304
// 26 USC 368 // shall
take effect as if included in the amendments made by section 4 of
such Act.
// 94 State. 3401. //
(c) For Section 305.--,
(1) The amendment made by subsection (a) of section 305
// 26 USC 404 A //
shall take effect on December 28, 1980.
(2) The amendments made by subsection (b) of section 305
// 26 USC 194 A //
shall take effect on October 14, 1980.
(3) The amendment made by subsection (c) of section 305
// 26 USC 55 //
shall take effect as if included in the amendments made by section
421 of the Revenue Act of 1978.
(4) The amendments made by subsection (d) of section 305
// 26 USC 221 //
shall take effect on the date of the enactment of the Subchapter S
Revision Act of 1982.
(5) The amendment made by subsection (e) of section 305
// 26 USC 7448 //
shall take effect on the date of the enactment of the
Miscellaneous Revenue Act of 1982.
(d) For Section 306.--The amendments made by section 306 // 26 USC 31
// shall take effect as if included in the provisions of the Tax Equity
and Fiscal Responsibility Act of 1982 to which such amendments relate.
Approved January 12, 1983.
LEGISLATIVE HISTORY-- H.R. 6056:
HOUSE REPORTS: No. 97 - 794 (Comm. on Ways and Means) and No. 97 -
986 (Comm. of Conference).
SENATE REPORT No. 97 - 592 (Comm. on Finance).
CONGRESSIONAL RECORD, Vol. 128 (1982):
Sept. 14, considered and passed House.
Sept. 30, considered and passed Senate, amended.
Dec. 13, House concurred in certain Senate amendments in others
with amendments.
Dec. 21, House agreed to conference report.
Dec. 22, Senate agreed to conference report.
PUBLIC LAW 97-447, 96 STAT. 2364
Society from certain taxes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Act entitled "
An Act to incorporate the United States Capitol Historical Society",
approved October 20, 1978 (36 U.S.C. 1201 et seq.), is amended by adding
at the end thereof the following new section:
" Sec. 19. Notwithstanding section 105 of title 4, United States
Code, or title 47, // 36 USC 1219. // chapter 26 of the District of
Columbia Code (1973), or any other provision of the District of Columbia
Code, the Corporation shall not be required to pay, collect, or account
for any tax specified in such sections applicable to taxable events
occurring within the United States Capitol building and grounds on or
after January 1, 1964.".
Approved January 12, 1983.
LEGISLATIVE HISTORY--H.R. 4491:
HOUSE REPORT No. 97 - 445 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 128 (1982):
Dec. 13, considered and passed House.
Dec. 20, considered and passed Senate.
PUBLIC LAW 97-446, 96 STAT. 2329
duties, to extend certain
existing suspensions of duties, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SEC. 101. AMENDMENT OF TARIFF SCHEDULES.
Except as otherwise expressly provided, whenever in this title an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, an item or other provision, the reference shall be considered to be
made to an item or other provision of the Tariff Schedules of the United
States (19 U.S.C. 1202).
SEC. 102. CANNED TUNA.
Item 112.30 is amended--,
(1) by inserting "and not the product of any insular possession
of the United States," immediately after "15 pounds each,"; and
(2) by striking out " United States Fish and Wildlife Service"
and inserting in lieu thereof " National Marine Fisheries
Service".
SEC. 103. FURS FROM CHINA.
Headnote 4 to subpart B of part 5 of schedule 1 // 19 USC 1202. //
is amended by striking out "or of the People's Republic of China".
SEC. 104. LIMITATION ON IMPORTS OF SEED POTATOES.
The superior heading to items 137.20 and 137.21 is amended by
inserting", and imported for use as seed" after "tags".
SEC. 105. CLASSIFICATION OF CERTAIN FABRICS.
Subpart A of part 4 of schedule 3 is amended--,
(1) by amending the superior heading to items 346.05 through
346.65 to read as follows:
SCHEDULE OMITTED.
(2) by amending the superior heading for items 346.05 and
346.10 to read as follows:
SCHEDULE OMITTED.
and
(3) by amending the superior heading for items 346.15 through
346.24 to read as follows:
SCHEDULE OMITTED.
SEC. 106. REDUCTION OF DUTY ON CERTAIN FOURDRINIER WIRE.
(a) In General.--Subpart B of part 3 of schedule6
// 19 USC 1202 // is amended by striking out item 642.30 and inserting
in lieu thereof the following:
SCHEDULE 6 OMITTED.
(b) Application With Other Provisions.--,
(1) The rate of duty in column numbered 1 for items 642.31 and
642.34 (as added by subsection (a)) shall be subject to any staged
rate reductions for item 642.30 which were proclaimed by the
President before the 15th day after the date of the enactment of
this Act.
(2) Whenever the rate of duty specified in column numbered 1
for such item 642.31 or 642.34 is reduced to the same level as the
corresponding rate of duty specified in the column entitled "
LDDC" for such item, or to a lower level, the rate of duty in such
" LDDC" column shall be deleted.
SEC. 107. REDUCTION OF DUTY ON CERTAIN CERAMIC INSULATORS.
(a) In General.--Subpart D of part 2 of schedule 5 is amended by
inserting immediately after item 535.12 the following new item:
SCHEDULE 5 OMITTED.
(b) Repeal.--Item 909.20 of the Appendix is repealed.
(c) Phase-Down of Temporary Rate.--Effective with respect to articles
entered after December 31, 1983, item 535.13 (as added by subsection
(a)) is amended by striking out "3.6% ad val." and inserting in lieu
thereof "3.5% ad val.".
SEC. 108. PERMANENT DUTY-FREE TREATMENT OF YANKEE DRYER CYLINDERS.
(a) In General.--Subpart D of part 4 of schedule 6 is amended by
inserting immediately after item 668.04 the following new item:
SCHEDULE 6 OMITTED.
(b) Repeal.--Item 912.06 of the Appendix is repealed.
SEC. 109. CERTAIN AIRCRAFT COMPONENTS AND MATERIALS.
In the case of any aircraft which--,
(1) was previously exported from the United States,
(2) was composed, at the time of such exportation in part of
components and materials which are products of the United States
and which were installed--,
and
(3) is returned to the United States after being so exported
without having been advanced in value or improved in condition by
any process of manufacture or other means while abroad, and
(4) was entered for consumption before 1970,
the rate of duty provided for in item 694.40 on the date of such entry
shall, notwithstanding any other provision of law, be assessed upon the
full value of such aircraft less the value of such components and
materials; and such entry shall, notwithstanding the provisions of
section 514 of the Tariff Act of 1930 // 19 USC 1514. // or any other
provision of law, be reliquidated on the basis of such assessment. For
the purposes of this section, the value of any such component or
material is the cost of such component or material at the time of
installation in the aircraft plus the cost of such installation.
SEC. 110. WATCHES.
(a) Products of Insular Possessions Defined.--Paragraph (a)(i) // 19
USC 1202. // of headnote 3 of the General Headnotes and Rules of
Interpretation is amended by striking out "(or more than 70 percent of
the total value with respect to watches and watch movements)".
(b) Rate of Duty on Watches.--Headnote 6 of schedule 7, part 2,
subpart E is amended--,
(1) by striking out "paragraph (b)" in paragraph (a) and
inserting in lieu thereof "paragraphs (b) through (h)"; and
(2) by striking out "an insular possession of the United States
outside the customs territory of the United States" in paragraph
(a), and inserting in lieu thereof "the Virgin Islands, Guam, and
American Samoa (hereinafter referred to as the 'insular
possessions')"; and
(3) by striking out paragraphs (b) through (d) and inserting in
lieu thereof the following new paragraphs:
"(b) Watches and watch movements produced or manufactured in a United
States insular possession which contain any foreign component may be
admitted free of duty without regard to the value of the foreign
materials such watches contain if they conform with the provisions of
this headnote, but the total quantity of such articles entered free of
duty shall not exceed the amounts established by or pursuant to
paragraph (c) of this headnote.
"(c) Notwithstanding the provisions of paragraph (b) of this
headnote, the provisions of this headnote and the benefits thereunder
shall not apply to any article containing any material which is the
product of any country with respect to which column 2 rates of duty
apply.
"(d)(i) In calendar year 1983 the total quantity of such articles
which may be entered free of duty shall not exceed 4,800,000 units.
"(ii) In subsequent calendar years, the Secretary of Commerce and the
Secretary of the Interior (hereinafter referred to as the "
Secretaries"), acting jointly, shall establish a limit on the quantity
which may be entered free of duty during the calendar year, and shall
consider whether such limit is in the best interest of the insular
possessions and not inconsistent with domestic or international trade
policy considerations. The quantity the Secretaries establish in any
calendar year under this paragraph shall not--,
"(I) exceed 10,000,000 units, or one-ninth of apparent domestic
consumption (as determined by the International Trade Commission
pursuant to paragraph (d) of this headnote), whichever is greater;
"(II) be decreased by more than 10 percent of the quantity
established for the immediately preceding calendar year; and
"(III) be increased to more than 7,000,000 units, or by more
than 20 percent of the quantity established for the immediately
preceding calendar year, whichever is greater.
"(e) On or before April 1 of each calendar year (beginning with the
first year in which watch imports from the United States insular
possessions exceed 9,000,000 units), the International Trade Commission
shall determine the apparent United States consumption of watches and
watch movements (including solid state timepieces) during the preceding
calendar year, shall report such determination to the Secretaries, and
shall publish such determination in the Federal Register.
"(f)(i) In calendar year 1983, not more than 3,000,000 units of the
total quantity of articles described in paragraph (d) which may be
entered free of duty shall be the product of the Virgin Islands, not
more than 1,200,000 units shall be the product of Guam, and not more
than 600,000 units shall be the product of American Samoa.
"(ii) For calendar year 1984 and thereafter, the Secretaries may
establish new territorial shares of the total amount which may be
entered free of duty, taking into account the capacity of each territory
to produce and ship its assigned amounts. A territory's share in any
year shall not be reduced--,
"(I) by more than 200,000 units in calendar year 1984 or 1985,
and
"(II) by more than 500,000 units in calendar year 1986 or
thereafter, except that no territorial share shall be established
at less than 500,000 units.
"(g) The Secretaries, acting jointly, shall allocate the calendar
year duty exemptions provided by paragraphs (b), (d), and (f) of this
headnote on a fair and equitable basis among producers located in the
insular possessions, and shall issue appropriate licenses therefor.
Allocations made by the Secretaries shall be final. In making the
allocations, the Secretaries shall consider the potential impact of
territorial production on domestic production of like articles and shall
establish allocation criteria (including minimum assembly requirements)
that will reasonably maximize the net amount of direct economic benefits
to the insular possessions.
"(h)(i) In the case of each calendar year beginning after December
31, 1982, and before January 1, 1995, the Secretaries, acting jointly,
shall--,
"(I) verify the wages paid by each producer to permanent
residents of the insular possessions during the preceding calendar
year, and
"(II) issue to each producer (not later than March 1 of such
year) a certificate for the applicable amount.
"(ii) For purposes of subparagraph (i), except as provided in
subparagraphs (iii) and (iv), the term 'applicable amount' means an
amount equal to the sum of--,
"(I) 90 percent of the producer's creditable wages on the
assembly during the preceding calendar year of the first 300,000
units, plus
"(II) the applicable graduated declining percentage (determined
each year by the Secretaries) of the producer's creditable wages
on the assembly during the preceding calendar year of units in
excess of 300,000 but not in excess of 750,000.
"(iii) The aggregate amount of all certificates which are issued
during any calendar year shall not exceed an amount which bears the same
ratio to $5,000,000 as--,
"(I) the gross national product of the United States (as
determined by the Secretary of Commerce) for the preceding
calendar year, bears to--,
"(II) the gross national product of the United States (as so
determined) for 1982.
"(iv) (I) Subject to the provision of clause (II), if the amount of
the certificates issued under subparagraph (i) would exceed the limit
under subparagraph (iii), the applicable amount of each producer's
certificate shall be reduced proportionately by the amount of such
excess.
"(II) The applicable amount of any producer's certificate shall not
be reduced below the amount determined under subparagraph (ii)(I),
except that if the application of this clause would result in the
aggregate amount of the certificates exceeding the limit under
subparagraph (iii), the applicable amount of each producer's certificate
shall again be reduced proportionately by the amount of the excess
determined after application of this clause.
"(v) Any certificate issued under subparagraph (i) shall entitle the
certificate holder to secure the refund of duties equal to the face
value of the certificate on watches, watch movements (including solid
state timepieces) and, with the exception of discrete cases, parts
therefor imported into the customs territory of the United States by the
certificate holder. Such refunds shall be made under regulations issued
by the Treasury Department. Not more than 5 percent of such refunds may
be retained as a reimbursement to the Customs Service for the
administrative costs of making the refunds.
"(vi) Any certificate issued under subparagraph (i), or any portion
thereof, shall be negotiable.
"(vii) Any certificate issued under subparagraph (i) shall expire 1
year from the date of issuance and may be applied against duties on
imports of watches and watch movements the entry of which were made
within 2 years prior to the date of issuance of the certificate.
"(viii) For purposes of determining the applicable amount of any
producer's certificate to be issued during calendar year 1983, the
greater of--,
"(I) the producer's creditable wages for calendar year 1982, or
"(II) 60 percent of the producer's creditable wages for
calendar year 1981,
shall be considered the creditable wages for calendar year 1982.
"(i) The Secretaries are authorized to issue such regulations, not
inconsistent with the provisions of this headnote, as they determine
necessary to carry out their respective duties under this headnote.
Such regulations shall include minimum assembly requirements. Any
duty-free entry determined not to have been made in accordance with
applicable regulations shall be subject to the applicable civil remedies
and criminal sanctions, and, in addition, the Secretaries may cancel or
restrict the license or certificate of any manufacturer found in willful
violation of the regulations.".
SEC. III. PIPE ORGAN PARTS.
Items 726.60 and 726.62 // 19 USC 1202 // are amended to read as
follows:
SEC. 112. ELIMINATION OF DUTY ON TOY TEA SETS.
Subpart E of part 5 of schedule 7 // 19 USC 1202 // is amended by
inserting immediately after item 737.70 the following new item:
SCHEDULE 7 OMITTED.
SEC. 113. CLASSIFICATION OF DOLLS AND TOY FIGURES.
(a) In General.--Subpart E of part 5 of schedule 7 is amended--,
(1) by adding at the end of the headnotes thereto the following
new headnotes:
"3. For the purposes of the superior heading to items 737.47 and
737.49 and of item 737.51, 'toy figures of inanimate objects' are only
imaginary creatures that either--,
"(i) do not possess features of human or other earthly
creatures;
"(ii) possess both earthly and non-earthly features but are
predominantly non-earthly in nature; or
"(iii) possess features which are a hybrid of features of more
then one animate object.
This definition does not cover toy figures of objects which are readily
recognizable as vegetables, minerals, robots, or machines, whether or
not such figures possess humanoid or earthly features.
"4. Items 737.23, 737.28, 737.30, and 737.47 do not include any doll
or toy that either--,
"(i) will maintain the three dimensional shape of its torso if
the stuffing or filler is removed, or
"(ii) is constructed such that the 'filler' material consists
of one piece (such as one piece of foam rubber) or more than one
piece that achieves the same effect as one piece.
"5. For the purposes of items 737.26 and 737.51, 'skins' are the
outer coverings or shells of those dolls or toy figures which, if
imported stuffed or filled, would be classified in items 737.23, 737.28,
737.30, and 737.47, but do not contain stuffing or filling in the torso
when imported.
"6. For the purposes of item 737.47, the term 'filled' includes toy
figures which are not completely filled or are filled with materials
such as plastic beads or crushed nutshells but which otherwise possess
the characteristics of toy figures classifiable as 'stuffed'.";
(2) by redesignating items 737.45 and 737.50 as 737.42 and
737.43, respectively; and
(3) by adding in numerical sequence the following new items:
NEW ITEMS DELETED.
(b) Application With Other Provisions.--,
(1) The rates of duty in column numbered 1 for items 737.47,
737.49, and 737.51 (as added by subsection (a)(3)) shall be
subject to any staged rate reductions for item 737.95 which are
proclaimed by the President before the 15th day after the date of
the enactment of this Act.
(2) Whenever the rate of duty specified in column numbered 1
for each of such items 737.47, 737.49, and 737.51 is reduced to
the same level as the corresponding rate of duty specified in the
column entitled " LDDC" for such item, or to a lower rate, the
rate of duty in such " LDDC" column shall be deleted.
SEC. 114. ELIMINATION OF DUTY ON CASEIN BLANKS.
(a) In General.--Subpart A of part 7 of schedule 7 // 19 USC 1202 //
is amended--,
(1) by striking out "(item 745.40)" in headnote 2(b) of such
subpart and inserting in lieu thereof "in the superior heading to
items 745.41 and 745.42"; and
(2) by striking out item 745.40 and inserting in lieu thereof
the following:
(b) Application With Other Provisions.--,
(1) The rate of duty in column numbered 1 for item 745.42 of
the Tariff Schedules of the United States (19 U.S.C. 1202) (as
added by subsection (a)(2)) shall be subject to any staged rate
reductions for item 745.40 which were proclaimed by the President
before the 15th day after the date of the enactment of this Act.
(2) Whenever the rate of duty specified in the column numbered
1 for such item 745.42 is reduced to the same level as the
corresponding rate of duty specified in the column entitled "
LDDC" for such item, or to a lower level, the rate of duty in the
column entitled " LDDC" shall be deleted from such Schedules.
(3) For purposes of the Trade Act of 1974,
// 19 USC 2101. //
the amendments made by this section (not including the rates of
duty in column numbered 2 of such Schedules) shall be considered
to be trade agreement obligations entered into and proclaimed
under the Trade Act of 1974 of benefit to foreign countries or
instrumentalities.
SEC. 115. INCREASE IN VALUE LIMITATIONS FOR DUTY-FREE IMPORTATIONS
OF PERSONAL ARTICLES BY RETURNING UNITED STATES RESIDENTS.
(a) In General.--Subpart A of part 2 of schedule 8 is amended--,
(1) by striking out "$300" in item 813.30 and inserting in lieu
thereof "$400"; and
(2) by striking out "$600" and "$300" in item 813.31 and
inserting in lieu thereof "$800" and "$400", respectively.
(b) Amendments to Tariff Act of 1930.--Section 321(a)(2)(A) of the
Tariff Act of 1930 (19 U.S.C. 1321 (a)(2)(A)) is amended by striking out
"$25" and "$40" and inserting in lieu thereof "$50" and "$100",
respectively.
(c) Effective Date.--The amendments made by this section // 19 USC
1321 // shall apply with respect to returning residents of the United
States who arrive in the United States on or after the 15th day after
the date of the enactment of this Act.
SEC. 116. MATERIALS CERTIFIED BY NASA.
(a) In General.--Subpart A of part 3 of schedule 8 is amended--,
(1) by inserting immediately after " Subpart A--United States
Government" the following headnote:
" Subpart A headnote:
"1. With respect to item 837.00, the return of materials from space
by the National Aeronautics and Space Administration shall not be
considered an importation, and an entry of such materials shall not be
required."; and
(2) by adding immediately after item 836.00 the following new
item:
NEW ITEM OMITTED
(b) Termination.--Item 837.00 (as added by subsection (a)) shall not
apply to articles entered, or withdrawn from warehouse for consumption,
after December 31, 1994.
SEC. 117. PRAYER SHAWLS.
Part 4 schedule 8 // 19 USC 1202 // is amended--,
(1) by striking out "and 854.20," in headnote 1 to such part
and inserting in lieu thereof "854.20, and 854.30,"; and
(2) by inserting after item, 854.20 the following new item:
NEW ITEM OMITTED.
SEC. 118. INCREASE IN VALUE LIMITATIONS APPLICABLE TO INFORMAL
ENTRIES OF IMPORTED MERCHANDISE.
The article description immediately preceding item 869.00 is amended
by striking out "$600" and inserting in lieu thereof "$1,000".
SEC. 119. CERTAIN METAL WASTE AND SCRAP.
(a) In General.--Part 7 of schedule 8 is amended--,
(1) by inserting the following new headnote immediately after
headnote 2 to such part:
"3. (a) Items 870.50 and 870.55 shall not apply when the market
price of copper is under 51 cents per pound.
"(b) For purposes of subparagraph (a), the market price of copper has
the meaning assigned to it by headnote 5(b) of the headnotes to schedule
6, part 2, subpart C.
"(c) For purposes of subparagraph (a), the market price of copper
shall be considered to be under 51 cents per pound only on and after the
twentieth day after the date of a report by the United States
International Trade Commission to the Secretary of the Treasury that it
has determined that the market price has been under 51 cents per pound
for one calendar month. After any such report, the market price shall
be considered as not being under 51 cents per pound only on and after
the twentieth day after the date of a report by the Commission to the
Secretary that it has determined that the market price has been 51 cents
or more per pound for one calendar month.
"(d) Determinations by the Commission under this headnote shall be
made in the manner prescribed by headnote 5(c) to schedule 6, part 2,
subpart C."; and
(2) by inserting immediately after item 870.45
// 19 USC 1202 //
the following:
(b) Conforming Amendment.--Headnote 5(a) to subpart C of part 2 of
schedule 6 is amended by inserting "and for items 870.50 and 870.55,"
immediately after " In this subpart,".
(c) Repeals.--Subpart B of part 1 of the Appendix is amended--,
(1) by striking out "911.10, 911.11," in headnote 3(a) to such
subpart; and
(2) by striking items 911.10, 911.11, and 911.12 and the
superior heading to such items.
SEC. 120. TEMPORARY SUSPENSION OF DUTY ON CERTAIN BULK FRESH
CARROTS.
Subpart B of part 1 of the Appendix is amended--,
(1) by striking out headnote 2 and inserting in lieu thereof
the following:
"2. For purposes of item 903.25--,
"(a) the term 'culled carrots' refers to those carrots which
fail to meet the requirements of the United States Department of
Agriculture for carrots of grades ' U.S. No. 1' or ' U.S. No. 2'
(See 7 CFR sections 2851.4141 and 2851.4142); and
"(b) the total quantity of carrots which may be entered under
item 903.25 during the period specified in that item shall not
exceed 20,000 tons."; and
(2) by inserting in numerical sequence the following new item:
NEW ITEM OMITTED.
SEC. 121. EXTENSION OF TEMPORARY SUSPENSION OF DUTY ON CERTAIN RED
PEPPERS.
Item 903.60 of subpart B of part 1 of the Appendix // 19 USC 1202 //
is amended by striking out "6/30/81" and inserting in lieu thereof "6/
30/85".
SEC. 122. TEMPORARY SUSPENSION OF DUTY ON CANTALOUPES.
Subpart B of part 1 of the Appendix is amended by inserting in
numerical sequence the following new item:
APPENDIX OMITTED.
SEC. 123. TEMPORARY SUSPENSION OF DUTY ON CAROB FLOUR.
Subpart B of part 1 of the Appendix is amended by inserting in
numerical sequence the following new item:
APPENDIX OMITTED.
SEC. 124. TEMPORARY SUSPENSION OF DUTY ON HATTERS' FUR.
Subpart B of part 1 of the Appendix is amended by inserting in
numerical sequence the following new item:
APPENDIX OMITTED.
SEC. 125. EXTENSION OF TEMPORARY SUSPENSION OF DUTY ON WOOD
EXCELSIOR.
Item 904.00 of the Appendix is amended by striking out "6/30/81" and
inserting in lieu thereof "6/30/83".
SEC. 126. TEMPORARY SUSPENSION OF DUTY ON NEEDLECRAFT DISPLAY
MODELS.
Subpart B of part 1 of the Appendix // 19 USC 1202 // is amended as
follows:
(1) The headnotes to such subpart are amended by adding at the
end thereof the following new headnote:
"5. For the purposes of the superior heading to items 906.10 and
906.12, the term 'mass-produced kits' includes only those which are
designed to be sold in the customs territory of the United States
exclusively in kit form.".
(2) The following new superior heading and new items are
inserted in numerical sequence:
NEW ITEMS OMITTED
SEC. 127. TEMPORARY SUSPENSION OF DUTY ON P-HYDROXYBENZOIC ACID.
Subpart B of part 1 of the Appendix is amended by inserting in
numerical sequence the following new item:
APPENDIX OMITTED.
SEC. 128. TEMPORARY SUSPENSION OF DUTY ON TRIPHENYL PHOSPHATE
Subpart B of part 1 of the Appendix is amended by inserting in
numerical sequence the following new item:
APPENDIX OMITTED.
SEC. 129. EXTENSION OF TEMPORARY SUSPENSION OF DUTY ON BIS (4--,
AMINOBENZOATE)-1,3 PROPANEDIOL (TRIMETHYLENE GLYCOL DI-P-AMINOBENZOATE).
Item 907.05 of the Appendix is amended--,
(1) by striking out "however provided for in items 402.36
through 406.63" and inserting in lieu thereof "provided for in
item 405.07"; and
(2) by striking out "6/30/83" and inserting in lieu thereof
"6/30/84".
SEC. 130. TEMPORARY SUSPENSION OF DUTY ON 4-CHLORO-3- METHYLPHENOL.
Subpart B of part 1 of the Appendix is amended by inserting in
numerical sequence the following new item:
APPENDIX OMITTED.
SEC. 131. EXTENSION OF TEMPORARY SUSPENSION OF DUTY ON CERTAIN
PHOTOGRAPHIC COUPLERS.
Items 907.10 and 907.12 of the Appendix // 19 USC 1202 // are amended
by striking out "6/30/82" and inserting in lieu thereof "9/30/ 85".
SEC. 132. TEMPORARY SUSPENSION OF DUTY ON ETHYLBIPHENYL.
Subpart B of part 1 of the Appendix is amended by inserting in
numerical sequence the following new item:
APPENDIX OMITTED.
SEC. 133. TEMPORARY REDUCTION OF DUTY ON DICOFOL.
(a) In General.--Subpart B of part 1 of the Appendix is amended by
inserting in numerical sequence the following new item:
APPENDIX OMITTED.
(b) Phase-Down of Temporary Rate.--Effective with respect to articles
provided for in item 907.15 (as added by subsection (a)) that are
entered, or withdrawn from warehouse for consumption, on and after each
of the dates set forth below, column 1 for such item is amended by
striking out the rate of duty in effect on the day before such date and
inserting in lieu thereof the rate of duty appearing below next to each
such date: Date: Rate of duty: January 1, 1984 9.5% ad val. January
1, 1985 8.6% ad val.
(c) Special Rate for Least Developed Developing Countries.--, The
rate of duty on an article provided for in such item 907.15 that is--,
(1) entered, or withdrawn from warehouse for consumption on or
after the effective date of the amendment made by subsection (a)
and before October 1, 1985; and
(2) a product of a least developed developing country;
shall be 6.9 percent ad valorem.
(d) Retroactive Provision.--In the case of the application of the
amendments made by this section to any entry--,
(1) which was made before the 15th day after the date of the
enactment of this Act;
(2) which was unliquidated, or the liquidation of which was not
final, on such day; and
(3) with respect to which there would have been less duty if
the amendments made by this section applied to such entry;
such entry shall be liquidated as though such entry had been made on
such 15th day.
SEC. 134. TEMPORARY SUSPENSION OF DUTY ON UNCOMPOUNDED ALLYL RESINS.
Subpart B of part 1 of the Appendix // 19 USC 1202 // is amended by
inserting in numerical sequence the following new item:
APPENDIX OMITTED.
SEC. 135. TEMPORARY SUSPENSION OF DUTY ON SULFAPYRIDINE.
Subpart B of part 1 of the Appendix is amended by inserting in
numerical sequence the following new item:
APPENDIX OMITTED.
SEC. 136. TEMPORARY REDUCTION OF DUTY ON SULFATHIAZOLE.
(a) Subpart B of part 1 of the Appendix is amended by inserting in
numerical sequence the following new item:
APPENDIX OMITTED.
(b) During such time as item 907.22 (as added by subsection (a)) is
in effect, the rate of duty on sulfathiazole that is a product of a
least developed developing country shall be 8 percent ad valorem.
(c) (1) With respect to articles entered after December 31, 1983, and
before January 1, 1985, item 907.22 is amended by striking out "13.3% ad
val." and inserting in lieu thereof "11.9% ad val.", and by striking out
"12/31/83" and inserting in lieu thereof "12/31/84".
(2) With respect to articles entered after December 31, 1984, and
before January 1, 1986, item 907.22 is amended by striking out "11.9% ad
val." and inserting in lieu thereof "10.6% ad val.", and by striking out
"12/31/84" and inserting in lieu thereof "12/31/85".
SEC. 137. EXTENSION OF TEMPORARY SUSPENSION OF DUTY ON DOXORUBICIN
HYDROCHLORIDE.
Item 907.20 of the Appendix is amended by striking out "6/30/82" and
inserting in lieu thereof "6/30/88".
SEC. 138. TEMPORARY REDUCTION OF DUTY ON CAFFEINE.
Subpart B of part 1 of the Appendix is amended by inserting in
numerical sequence the following new item:
APPENDIX OMITTED.
SEC. 139. TEMPORARY SUSPENSION OF DUTY ON TARTARIC ACID AND CERTAIN
TARTARIC CHEMICALS.
Subpart B of part 1 of the Appendix is amended by inserting in
numerical sequence the following items:
APPENDIX OMITTED.
SEC. 140. EXTENSION OF TEMPORARY SUSPENSION OF DUTY ON NATURAL
GRAPHITE.
Item 909.01 of the Appendix // 19 USC 1202 // is amended by striking
out "6/30/81" and inserting in lieu thereof "12/31/84".
SEC. 141. TEMPORARY SUSPENSION OF DUTY ON COPPER SCALE.
Subpart B of part 1 of the Appendix is amended by inserting in
numerical sequence the following new item:
APPENDIX OMITTED.
SEC. 142. CHIPPER KNIFE STEEL.
Item 911.29 is amended--,
(1) effective with respect to articles entered on or after
October 1, 1982, and before January 1, 1983, by striking out "4.6%
ad val." and inserting in lieu thereof "4.4% ad val.", and by
striking out "9/30/82" and inserting in lieu thereof "12/31/ 82";
(2) effective with respect to articles entered after December
31, 1982, and before January 1, 1984, by striking out "4.4% ad
val." and inserting in lieu thereof "4.2% ad val.", and by
striking out "12/31/82" and inserting in lieu thereof "12/31/83";
(3) effective with respect to articles entered after December
31,1983, and before January 1, 1985, by striking out "4.2% ad
val." and inserting in lieu thereof "4.0% ad val.", and by
striking out "12/31/83" and inserting in lieu thereof "12/31/84";
and
(4) effective with respect to articles entered after December
31, 1984, and before April 1, 1985, by striking out "4.0% ad val."
and inserting in lieu thereof "3.9% ad val.", and by striking out
"12/31/84" and inserting in lieu thereof "3/31/85".
SEC. 143. TEMPORARY SUSPENSION OF DUTY ON CERTAIN FREIGHT
CONTAINERS.
Subpart B of part I of the Appendix is amended by inserting in
numerical sequence the following new item:
APPENDIX OMITTED.
SEC. 144. EXTENSION OF TEMPORARY SUSPENSION OF DUTY ON COBALT.
Item 911.90 of the Appendix // 19 USC 1202 // is amended by striking
out "6/30/82" and inserting in lieu thereof "6/30/83".
SEC. 145. TEMPORARY SUSPENSION OF DUTY ON CERTAIN CLOCK RADIOS.
Subpart B of part 1 of the Appendix is amended--,
(1) by adding at the end of the headnotes to such subpart the
following new headnote:
"6. For the purposes of item 911.95, the term 'entertainment
broadcast band receivers' means receivers designed principally to
receive signals in the AM (530 - 1710 KHz) and FM (88 - 108 MHz)
entertainment broadcast bands, whether or not capable of receiving
signals on other bands such as aviation, television, marine, public
safety, industrial, and citizens bands."; and
(2) by inserting in numerical sequence the following new item:
NEW ITEM OMITTED.
SEC. 146. EXTENSION OF TEMPORARY SUSPENSION OF DUTY ON BICYCLE
PARTS.
(a) Generator Lighting Sets.--Item 912.05 of the Appendix is amended
by striking out "6/30/83" and inserting in lieu thereof "6/ 30/86".
(b) Other Parts.--Item 912.10 of the Appendix is amended--,
(1) by deleting "click stick levers," and inserting in lieu
thereof "trigger and twist grip controls for three-speed hubs,";
(2) by inserting "including cable or inner wire for caliper
brakes and casing therefor, whether or not cut to length,"
immediately after "parts of all the foregoing,"; and
(3) by striking out "6/30/83" and inserting in lieu thereof "6/
30/86".
SEC. 147. TEMPORARY SUSPENSION OF DUTY ON HEAT-SET, STRETCH
TEXTURING MACHINES.
Subpart B of part 1 of the Appendix is amended by inserting in
numerical sequence the following new item:
APPENDIX OMITTED.
SEC. 148. TEMPORARY SUSPENSION OF DUTY ON HOSIERY KNITTING MACHINES.
Subpart B of part 1 of the Appendix is amended by inserting in
numerical sequence the following new item:
APPENDIX OMITTED.
SEC. 149. // 19 USC 1202 // TEMPORARY SUSPENSION OF DUTY ON
DOUBLE-HEADED LATCH NEEDLES.
Subpart B of part 1 of the Appendix is amended by inserting in
numerical sequence the following new item:
APPENDIX OMITTED.
SEC. 150. TEMPORARY SUSPENSION OF DUTY ON PROSTHESES.
Subpart * of part 1 of the Appendix is amended by inserting in
numerical sequence the following new item:
APPENDIX OMITTED.
SEC. 151. TEMPORARY SUSPENSION OF DUTY ON SMALL TOYS.
Subpart B of part 1 of the Appendix is amended by inserting in
numerical sequence the following new item:
APPENDIX OMITTED.
SEC. 152. TEMPORARY SUSPENSION OF DUTY ON CERTAIN DOLLS AND TOY
FIGURES.
Subpart B of part 1 of the Appendix is amended by inserting at the
end thereof the following new items:
APPENDIX OMITTED.
SEC. 153. 2-YEAR EXTENSION OF THE INTERNATIONAL SUGAR AGREEMENT.
Section 2 of the Act entitled " An Act providing for the
implementation of the International Sugar Agreement, 1977, and for other
purposes" (Public Law 96 - 236; 7 U.S.C. 3602) is amended by striking
out "1983" and inserting in lieu thereof "1985".
SEC. 154. 1-YEAR EXTENSION OF THE INTERNATIONAL COFFEE AGREEMENT.
Section 2 of the International Coffee Agreement Act of 1980 (19 U.S.
C. 1356k) is amended by striking out "the expiration of this joint
resolution" and inserting in lieu thereof " October 1, 1983".
SEC. 155. UPLAND COTTON.
Section 103(f)(3) of the Agricultural Act of 1949 (7 U.S.C. 1444(f)(
3)) shall be effective for the 1982 through 1985 crops of upland cotton
amended to read as follows:
"(3) Notwithstanding any other provision of law, any upland cotton
described in items 955.01 through 955.03 of the Appendix to the Tariff
Schedules of the United States (19 U.S.C. 1202) imported into the United
States during the period of time when a special quota established under
this subsection is in effect shall be deemed to be an import under such
special quota until the special quota is filled and any such cotton
shall be free of duty.".
SEC. 156. EFFECTIVE DATES.
(a) In General.--Except as provided in subsection (b) and sections
109, 115, and 133, the amendments made by this subtitle shall apply to
articles entered on or after the 15th day after the date of the
enactment of this Act.
(b) Retroactive Application.--,
(1) In general.--Notwithstanding section 514 of the Tariff Act
of 1930
// 19 USC 1514. //
or any other provision of law, upon proper request filed with the
customs officer concerned on or before the 90th day after the date
of the enactment of this Act, the application of the amendments
made by this Act to the entry of any article described in
paragraph (2) shall be treated as provided in such paragraph.
(2) Applicable sections.--In the case of the application of the
amendment made by section 102, 107, 108, 119, 121, 125, 131, 137,
139, 140, 142, or 144 to any entry--,
Act;
and
such entry shall be liquidated or reliquidated as though such
entry had been made on the 15th day after the date of the
enactment of this Act.
(3) Applicable date.--For purposes of paragraph (2), the term
"applicable date" means--,
June
30, 1981;
1982;
and
(c) Definitions.--For purposes of this subtitle--,
(1) the term "entered" means entered, or withdrawn from
warehouse for consumption, in the customs territory of the United
States; and
(2) the term "entry" includes any withdrawal from warehouse for
consumption.
SEC. 161. SHORT TITLE, ETC.
(a) Short Title.--This subtitle may be cited as the " Educational,
Scientific, and Cultural Materials Importation Act of 1982".
(b) Purpose.--The purpose of this subtitle is to enable the United
States to give effect to the Nairobi Protocol to the Florence Agreement
on the Importation of Educational, Scientific, and Cultural Materials
(opened for signature on March 1, 1977) with a view to contributing to
the cause of peace through freer exchange of ideas and knowledge across
national boundaries.
SEC. 162. BOOKS, PUBLICATIONS, AND DOCUMENTS.
Part 5 of schedule 2 // 19 USC 1202 // is amended--,
(1) by inserting, in numerical sequence, the following new
item:
NEW ITEM OMITTED.
(2) by striking out items 273.45 through 273.55, and the
superior heading thereto, and inserting in lieu thereof the
following: and
(3) by inserting immediately below the phrase " Printed not
over 20 years at time of importation:" and above (and at the same
hierarchical level as) " Lithographs on paper:" the following new
item:
NEW ITEM OMITTED.
SEC. 163. VISUAL AND AUDITORY MATERIALS.
(a) Photographic Film.--Part 5 of schedule 2 is amended--,
(1) by inserting the phrase "(including developed photographic
film; photographic slides; transparencies; holograms for laser
projection; and microfilm, microfiche, and similar articles)"
immediately after " Photographs" in the superior heading to
items 274.50 through 274.70, and
(2) by adding, in numerical sequence, the following new item:
NEW ITEM OMITTED.
(b) Motion Picture Films.--Subpart G of part 2 of schedule 7 is
amended--,
(1) by striking out "724.05 and 724.10" in headnote 1 and
inserting in lieu thereof "724.07 and 724.22",
(2) by striking out headnote 2,
(3) by striking out items 724.05 and 724.10, and the superior
heading thereto, and inserting in lieu thereof the following:
(4) by striking out items 724.15 through 724.40 and inserting
in lieu thereof the following new item:
NEW ITEM OMITTED.
and
(5) by striking out the rates of duty appearing in rate columns
1, LDDC, and 2 for item 724.12 and inserting " Free" in rate
columns numbered 1 and 2.
(c) Patterns, Models, Etc.--Part 7 of schedule 8 // 19 USC 1202 // is
amended--,
(1) by striking out headnote 1 and redesignating headnote 2 as
headnote 1,
(2) by striking out item 870.30, and
(3) by inserting, in numerical sequence, the following new
item:
NEW ITEM OMITTED.
SEC. 164. TOOLS FOR SCIENTIFIC INSTRUMENTS OR APPARATUS.
Part 4 of schedule 8 is amended by adding in numerical sequence, the
following new item:
NEW ITEM OMITTED.
SEC. 165. ARTICLES FOR THE BLIND OR OTHER HANDICAPPED PERSONS.
(a) Elimination of Duty.--Subpart D of part 2 of schedule 8 is
amended by striking out items 825.00, 826.10, and 826.20.
(b) Specially Designed Articles.--Part 7 of schedule 8 is amended--,
(1) by inserting, in numerical sequence, the following new
items:
NEW ITEMS OMITTED.
and
(2) by adding the following new headnote:
"2. For the purposes of items 870.50, 870.55, and 870.60--,
"(a) The term 'physically or mentally handicapped persons'
includes any person suffering from a permanent or chronic physical
or mental impairment which substantially limits one or more major
life activities, such as caring for one's self, performing manual
tasks, walking, seeing, hearing, speaking, breathing, learning,
and working.
"(b) These items do not cover--,
individuals
not substantially disabled;
(c) Statistical Information.--The Secretary of the Treasury, in
conjunction with the Secretary of Commerce, shall take such actions as
are necessary to obtain adequate statistical information with respect to
articles to which the amendments made by this section apply.
SEC. 166. AUTHORITY TO LIMIT CERTAIN DUTY-FREE TREATMENT ACCORDED
UNDER THIS ACT.
(a) Authority To Limit.--,
(1) In general.--In addition to any authority under section 201
of the Trade Act of 1974 (19 U.S.C. 2251), the President may
proclaim changes in the Tariff Schedules of the United States (19
U.S.C. 1202) to narrow the scope of, or place conditions upon, the
duty-free treatment accorded under section 164, section 165, or
section 167(b) (insofar as section 167(b) relates to temporary
duty-free treatment of articles covered by sections 164 and 165)
with respect to any type of article the duty-free treatment of
which--,
or
directly competitive article, and
the
Nairobi Protocol.
(2) Rates which are to take effect if duty-free treatment
eliminated.--If the President eliminates any duty-free treatment
under paragraph (1), the rate of duty thereafter applicable to any
article which is--,
shall be the rate proclaimed by the President as the rate
applicable to such article from such source (determined without
regard to this subtitle).
(b) Restoration of Treatment.--If the President determines that any
duty-free treatment which is no longer in effect because of action taken
under subsection (a) could be restored in whole or in part without a
resumption of significant adverse impact on a domestic industry or
portion thereof, the President may proclaim changes to the Appendix to
the Tariff Schedules of the United States to resume such duty-free
treatment.
(c) Opportunity To Present Views.--Before taking an action authorized
by subsection (a) or (b), the President shall afford an opportunity for
interested Government agencies and private persons to present their
views concerning the proposed action.
SEC. 167. EFFECTIVE DATE; TEMPORARY DUTY-FREE TREATMENT.
(a) In General.--The amendments made by sections 162, 163, 164, and
165 shall apply with respect to articles entered, or withdrawn from
warehouse for consumption, on or after the date which the President
proclaims as the date on which he ratifies the Nairobi Protocol to the
Florence Agreement on the Importation of Educational, Scientific, and
Cultural Materials.
(b) Temporary Duty-Free Treatment.--,
(1) Articles for the blind or other handicapped persons.--,
Subject to the provisions of paragraph (3) and section 166, the
President shall proclaim changes to the Appendix to the Tariff
Schedules of the United States (19 U.S.C. 1202) to implement the
provisions of section 165 with respect to articles entered, or
withdrawn from warehouse for consumption, during the two and
one-half-year period beginning on the thirtieth day following the
date of the enactment of this subtitle.
(2) Other articles.--Subject to the provisions of paragraph (3)
and section 166, the President, if he deems such action to be in
the interest of the United States, may proclaim further changes to
the Appendix to the Tariff Schedules of the United States to
implement any provision of section 162, 163, or 164 with respect
to articles entered, or withdrawn from warehouse for consumption,
during any period beginning on or after the thirtieth day
following the date of the enactment of this subtitle and ending
not later than two and one-half years after such beginning date.
(3) Time provisions cease to have effect.--If any temporary
duty-free treatment accorded under paragraph (1) or (2) has not
yet expired, such treatment shall cease to be effective on and
after the date proclaimed by the President pursuant to subsection
(a).
SEC. 201. INTERNATIONAL TRANSMISSION OF BUSINESS DOCUMENTS;
IMPORTERS OF RECORD.
(a) General headnote 5 // 19 USC 1202 // is amended--,
(1) by striking out "and" at the end of subdivision (d);
(2) by redesignating subdivision (e) as subdivision (f); and
(3) by adding immediately after subdivision (d) the following:
"(e) records, diagrams, and other data with regard to any business,
engineering, or exploration operation whether on paper, cards,
photographs, blueprints, tapes, or other media; and".
(b) Item 870.10 is repealed.
(c) Section 483 of the Tariff Act of 1930 (19 U.S.C. 1483) is
repealed.
(d) Section 484 of the Tariff Act of 1930 (19 U.S.C. 1484) is
amended--,
(1) by amending subsection (a)--,
" Except as
provided in sections 490, 498, 552, 553, and 336(j) of
this Act
// 19 USC 1490, 1498, 1552, 1553, 1336. //
and in subsections (h) and (i) of this section, one of
the
parties qualifying as 'importer of record' under
paragraph
(2)(C) of this subsection, either in person or by an
agent
authorized by him in writing--",
paragraph (2)(D),
and by inserting immediately after paragraph (2)(B) the
following:
"(C) When an entry of merchandise is made under this section, the
required documentation shall be filed either by the owner or purchaser
of the merchandise or, when appropriately designated by the owner,
purchaser, or consignee of the merchandise, a person holding a valid
license under section 641 of this Act. // 19 USC 1641. // When a
consignee declares on entry that he is the owner or purchaser of
merchandise, the appropriate customs officer may, without liability,
accept the declaration. For the purposes of this title, the importer of
record must be one of the parties who is eligible to file the
documentation required by this section.", and
(2) by striking out "consignee" in subsections (c) and (d) and
inserting in lieu thereof "importer of record"; and
(3) by amending subsections (h) and (i) to read as follows:
"(h) The carrier bringing the merchandise into the port at which
entry is to be made may certify any person to be the owner, purchaser,
or consignee of the merchandise, and that person may be accepted as such
by the appropriate customs officer. A carrier shall not certify a
person pursuant to this subsection unless it has actual knowledge of or
reason to believe in the accuracy of such certification.
"(i) For the purposes of this section, the appropriate customs
officer may accept a duplicate bill of lading signed or certified to be
genuine by the carrier bringing the merchandise to the port at which
entry is to be made.".
(e) Sections 485, 487, 494, and 505(a) of the Tariff Act of 1930 (19
U.S.C. 1485, 1487, 1494, and 1505(a)) are each amended by striking out
"consignee" wherever it appears and inserting in lieu thereof "importer
of record".
(f) Section 557 of the Tariff Act of 1930 (19 U.S.C. 1557) is
amended--,
(1) by inserting "purchaser" immediately after "owner" in the
first sentence of subsection (a); and
(2) by striking out "consignee" in subsection (d) and
substituting in lieu thereof "importer of record".
(g) The amendments made by this section // 19 USC 1484 // shall apply
with respect to merchandise entered on and after the 30th day after the
date of the enactment of this Act.
SEC. 202. DELIVERY INTO SUCCESSIVE BONDED WAREHOUSES REGARDLESS OF
LOCATION.
The first sentence of the eighth paragraph of section 311 of the
Tariff Act of 1930 (19 U.S.C. 1311) is amended by striking out "at an
exterior port" and "immediate".
SEC. 301. // 19 USC 2601 // SHORT TITLE.
This title may be cited as the " Convention on Cultural Property
Implementation Act".
SEC. 302. DEFINITIONS. // 19 USC 2601. //
For purposes of this title--,
(1) The term "agreement" includes any amendment to, or
extension of, any agreement under this title that enters into
force with respect to the United States.
(2) The term "archaeological or ethnological material of the
State Party" means--,
which was first discovered within, and is subject to export
control by, the State Party. For purposes of this paragraph--,
archaeological
interest unless such object--,
exploration
on land or under water; and
ethnological
interest unless such object is--,
(3) The term " Committee" means the Cultural Property Advisory
Committee established under section 206.
(4) The term "consignee" means a consignee as defined in
section 483 of the Tariff Act of 1930 (19 U.S.C. 1483).
(5) The term " Convention" means the Convention on the means of
prohibiting and preventing the illicit import, export, and
transfer of ownership of cultural property adopted by the General
Conference of the United Nations Educational, Scientific, and
Cultural Organization at its sixteenth session.
(6) The term "cultural property" includes articles described in
article 1 (a) through (k) of the Convention whether or not any
such article is specifically designated as such by any State Party
for the purposes of such article.
(7) The term "designated archaeological or ethnological
material" means any archaeological or ethnological material of the
State Party which--,
or
(8) The term " Secretary" means the Secretary of the Treasury
or his delegate.
(9) The term " State Party" means any nation which has
ratified, accepted, or acceded to the Convention.
(10) The term " United States" includes the several States, the
District of Columbia, and any territory or area the foreign
relations for which the United States is responsible.
(11) The term " United States citizen" means--,
SEC. 303. // 19 USC 2602. // AGREEMENTS TO IMPLEMENT ARTICLE 9 OF
THE CONVENTION.
(a) Agreement Authority.--,
(1) In general.--If the President determines, after request is
made to the United States under article 9 of the Convention by any
State Party--,
in
jeopardy from the pillage of archaeological or
ethnological
materials of the State Party;
ethnological
material of the State Party, if applied in concert
with similar restrictions implemented, or to be
implemented
within a reasonable period of time, by those
nations (whether or not State Parties) individually
having a significant import trade in such material,
would be of substantial benefit in deterring a serious
situation of pillage, and
available;
and
international
community in the interchange of cultural property among
nations for scientific, cultural, and educational
purposes; the President may, subject to the provisions of this
title, take the actions described in paragraph (2).
(2) Authority of president.--For purposes of paragraph (1), the
President may enter into--,
Party
the pillage of which is creating the jeopardy to the
cultural
patrimony of the State Party found to exist under
paragraph
(1)(A); or
(3) Requests.--A request made to the United States under
article 9 of the Convention by a State Party must be accompanied
by a written statement of the facts known to the State Party that
relate to those matters with respect to which determinations must
be made under subparagraphs (A) through (D) of paragraph (1).
(4) Implementation.--In implementing this subsection, the
President should endeavor to obtain the commitment of the State
Party concerned to permit the exhange of its archaeological and
ethnological materials under circumstances in which such exchange
does not jeopardize its cultural patrimony.
(b) Effective Period.--The President may not enter into any agreement
under subsection (a) which has an effective period beyond the close of
the five-year period beginning on the date on which such agreement
enters into force with respect to the United States.
(c) Restrictions on Entering Into Agreements.--,
(1) In general.--The President may not enter into a bilateral
or multilateral agreement authorized by subsection (a) unless the
application of the import restrictions set forth in section 307
with respect to archaeological or ethnological material of the
State Party making a request to the United States under article 9
of the Convention will be applied in concert with similar
restrictions implemented, or to be implemented, by those nations
(whether or not State Parties) individually having a significant
import trade in such material.
(2) Exception to restrictions.--Notwithstanding paragraph (1),
the President may enter into an agreement if he determines that a
nation individually having a significant import trade in such
material is not implementing, or is not likely to implement,
similar restrictions, but--,
serious
situation of pillage, and
in
section 307 in concert with similar restrictions
implemented,
or to be implemented, by other nations (whether or
not State Parties) individually having a significant
import
trade in such material would be of substantial benefit
in
deterring a serious situation of pillage.
(d) Suspension of Import Restrictions Under Agreements.--If, after an
agreement enters into force with respect to the United States, the
President determines that a number of parties to the agreement (other
than parties described in subsection (c)(2)) having significant import
trade in the archaeological and ethnological material covered by the
agreement--,
(1) have not implemented within a reasonable period of time
import restrictions that are similar to those set forth in section
307, or
(2) are not implementing such restrictions satisfactorily with
the result that no substantial benefit in deterring a serious
situation of pillage in the State Party concerned is being
obtained,
the President shall suspend the implementation of the import
restrictions under section 307 until such time as the nations take
appropriate corrective action.
(e) Extension of Agreements.--The President may extend any agreement
that enters into force with respect to the United States for additional
periods of not more than five years each if the President determines
that--,
(1) the factors referred to in subsection (a)(1) which
justified the entering into of the agreement still pertain, and
(2) no cause for suspension under subsection (d) exists.
(f) Procedures.--If any request described in subsection (a) is made
by a State Party, or if the President proposes to extend any agreement
under subsection (e), the President shall--,
(1) publish notification of the request or proposal in the
Federal Register;
(2) submit to the Committee such information regarding the
request or proposal (including, if applicable, information from
the State Party with respect to the implementation of emergency
action under section 304) as is appropriate to enable the
Committee to carry out its duties under section 306(f); and
(3) consider, in taking action on the request or proposal, the
views and recommendations contained in any Committee report--,
one--,
hundred-and-fifty-day period beginning on the day on
which
the President submitted information on the request or
proposal to the Committee under paragraph (2).
(g) Information on Presidential Action.--,
(1) In general.--In any case in which the President--,
the President shall, promptly after taking such action, submit a
report to the Congress.
(2) Report.--The report under paragraph (1) shall contain--,
any
agreement entered into),
and
(3) Information relating to committee recommendations.--, If
any Committee report required to be considered by the President
recommends that an agreement be entered into, but no such
agreement is entered into, the President shall submit to the
Congress a report which contains the reasons why such agreement
was not entered into.
SEC. 304. // 19 USC 2603. // EMERGENCY IMPLEMENTATION OF IMPORT
RESTRICTIONS.
(a) Emergency Condition Defined.--For purposes of this section, the
term "emergency condition" means, with respect to any archaeological or
ethnological material of any State Party, that such material is--,
(1) a newly discovered type of material which is of importance
for the understanding of the history of mankind and is in jeopardy
from pillage, dismantling, dispersal, or fragmentation;
(2) identifiable as coming from any site recognized to be of
high cultural significance if such site is in jeopardy from
pillage, dismantling, dispersal, or fragmentation which is, or
threatens to be, of crisis proportions; or
(3) a part of the remains of a particular culture or
civilization, the record of which is in jeopardy from pillage,
dismantling, dispersal, or fragmentation which is, or threatens to
be, of crisis proportions;
and application of the import restrictions set forth in section 307 on a
temporary basis would, in whole or in part, reduce the incentive for
such pillage, dismantling, dispersal or fragmentation.
(b) Presidential Action.--Subject to subsection (c), if the President
determines that an emergency condition applies with respect to any
archaeological or ethnological material of any State Party, the
President may apply the import restrictions set forth in section 307
with respect to such material.
(c) Limitations.--,
(1) The President may not implement this section with respect
to the archaeological or ethnological materials of any State Party
unless the State Party has made a request described in section
303(a) to the United States and has supplied information which
supports a determination that an emergency condition exists.
(2) In taking action under subsection (b) with respect to any
State Party, the President shall consider the views and
recommendations contained in the Committee report required under
section 306(f)(3) if the report is submitted to the President
before the close of the ninety-day period beginning on the day on
which the President submitted information to the Committee under
section 303(f)(2) on the request of the State Party under section
303(a).
(3) No import restrictions set forth in section 307 may be
applied under this section to the archaeological or ethnological
materials of any State Party for more than five years after the
date on which the request of a State Party under section 303(a) is
made to the United States. This period may be extended by the
President for three more years if the President determines that
the emergency condition continues to apply with respect to the
archaeological or ethnological material. However, before taking
such action, the President shall request and consider, if received
within ninety days, a report of the Committee setting forth its
recommendations, together with the reasons therefor, as to whether
such import restrictions shall be extended
(4) The import restrictions under this section may continue to
apply in whole or in part, if before their expiration under
paragraph (3), there has entered into force with respect to the
archaeological or ethnological materials an agreement under
section 203 or an agreement with a State Party to which the Senate
has given its advice and consent to ratification. Such import
restrictions may continue to apply for the duration of the
agreement.
SEC. 305. // 19 USC 2604. // DESIGNATION OF MATERIALS COVERED BY
AGREEMENTS OR EMERGENCY ACTIONS.
After any agreement enters into force under section 303, or emergency
action is taken under section 304, the Secretary, after consultation
with the Director of the United States Information Agency, shall by
regulation promulgate (and when appropriate shall revise) a list of the
archaeological or ethnological material of the State Party covered by
the agreement or by such action. The Secretary may list such material
by type or other appropriate classification, but each listing made under
this section shall be sufficiently specific and precise to insure that
(1) the import restrictions under section 307 are applied only to the
archeological and ethnological material covered by the agreement or
emergency action; and (2) fair notice is given to importers and other
persons as to what material is subject to such restrictions.
SEC. 306. // 19 USC 2605. // CULTURAL PROPERTY ADVISORY COMMITTEE.
(a) Establishment.--There is established the Cultural Property
Advisory Committee.
(b) Membership.--,
(1) The Committee shall be composed of eleven members appointed
by the President as follows:
international
sale of archaeological, ethnological, and other cultural
property.
(2) Appointments made under paragraph (1) shall be made in such
a manner so as to insure--,
international
exchange of archaeological and ethnological materials,
and
institutions
and museums.
(3)(A) Members of the Committee shall be appointed for terms of
two years and may be reappointed for 1 or more terms.
(B) A vacancy in the Commission shall be filled in the same
manner in which the original appointment was made.
(c) Expenses.--The members of the Committee shall be reimbursed for
actual expenses incurred in the performance of duties for the Committee.
(d) Transaction of Business.--Six of the members of the Committee
shall constitute a quorum. All decisions of the Committee shall be by
majority vote of the members present and voting.
(e) Staff and Administration.--,
(1) The Director of the United States Information Agency shall
make available to the Committee such administrative and technical
support services and assistance as it may reasonably require to
carry out its activities. Upon the request of the Committee, the
head of any other Federal agency may detail to the Committee, on a
reimbursable basis, any of the personnel of such agency to assist
the Committee in carrying out its functions, and provide such
information and assistance as the Committee may reasonably require
to carry out its activities.
(2) The Committee shall meet at the call of the Director of the
United States Information Agency, or when a majority of its
members request a meeting in writing.
(f) Reports by Committee.--,
(1) The Commitee shall, with respect to each request of a State
Party referred to in section 303(a), undertake an investigation
and review with respect to matters referred to in section
303(a)(1) as they relate to the State Party or the request and
shall prepare a report setting forth--,
therefor,
as to whether an agreement should be entered into
under section 303(a) with respect to the State Party.
(2) The Committee shall, with respect to each agreement
proposed to be extended by the President under section 303(e),
prepare a report setting forth its recommendations together with
the reasons therefor, as to whether or not the agreement should be
extended.
(3) The Committee shall in each case in which the Committee
finds that an emergency condition under section 304 exists prepare
a report setting forth its recommendations, together with the
reasons therefor, as to whether emergency action under section 304
should be implemented. If any State Party indicates in its
request under section 303(a) that an emergency condition exists
and the Committee finds that such a condition does not exist, the
Committee shall prepare a report setting forth the reasons for
such finding.
(4) Any report prepared by the Committee which recommends the
entering into or the extension of any agreement under section 303
or the implementation of emergency action under section 304 shall
set forth--,
necessary
and appropriate to include within such agreement, or
apply with respect to such implementation, for purposes
of
carrying out the intent of the Convention; and
classification as
the Committee deems appropriate, which should be
covered
by such agreement or action.
(5) If any member of the Committee disagrees with respect to
any matter in any report prepared under this subsection, such
member may prepare a statement setting forth the reasons for such
disagreement and such statement shall be appended to, and
considered a part of, the report.
(6) The Committee shall submit to the Congress and the
President a copy of each report prepared by it under this
subsection.
(g) Committee Review.--,
(1) In general.--The Committee shall undertake a continuing
review of the effectiveness of agreements under section 303 that
have entered into force with respect to the United States, and of
emergency action implemented under section 304.
(2) Action by committee.--If the Committee finds, as a result
of such review, that--,
the
import restrictions imposed under an agreement;
implement
fully the obligations of the United States under the
Convention;
the Committee may submit a report to the Congress and the President
setting forth its recommendations for suspending such import
restrictions or for improving the effectiveness of any such agreement or
emergency action or this title.
(h) Federal Advisory Committee Act.--The provisions of the Federal
Advisory Committee Act (Public Law 92 - 463; 5 U.S.C. Appendix I) // 5
USC app. // shall apply to the Committee except that the requirements
of subsections (a) and (b) of section 10 and section 11 of such Act
(relating to open meetings, public notice, public participation, and
public availability of documents) shall not apply to the Committee,
whenever and to the extent it is determined by the President or his
designee that the disclosure of matters involved in the Committee's
proceedings would compromise the Government's negotiating objectives or
bargaining positions on the negotiations of any agreement authorized by
this title.
(i) Confidential Information.--,
(1) In general.--Any information (including trade secrets and
commercial or financial information which is privileged or
confidential) submitted in confidence by the private sector to
officers or employees of the United States or to the Committee in
connection with the responsibilities of the Committee shall not be
disclosed to any person other than to--,
designated
by the Director of the United States Information
Agency;
Finance of
the Senate who are designated by the chairman of either
such Committee and members of the staff of either such
Committee designated by the chairman for use in
connection
with negotiation of agreements or other activities
authorized by this title; and
(2) Governmental information.--Information submitted in
confidence by officers or employees of the United States to the
Committee shall not be disclosed other than in accordance with
rules issued by the Director of the United States Information
Agency, after consultation with the Committee. Such rules shall
define the categories of information which require restricted or
confidential handling by such Committee considering the extent to
which public disclosure of such information can reasonably be
expected to prejudice the interests of the United States. Such
rules shall, to the maximum extent feasible, permit meaningful
consultations by Committee members with persons affected by
proposed agreements authorized by this title.
(j) No Authority To Negotiate.--Nothing contained in this section
shall be construed to authorize or to permit any individual (not
otherwise authorized or permitted) to participate directly in any
negotiation of any agreement authorized by this title.
SEC. 307. // 19 USC 2606. // IMPORT RESTRICTIONS.
(a) Documentation of Lawful Exportation.--No designated
archaeological or ethnological material that is exported (whether or not
such exportation is to the United States) from the State Party after the
designation of such material under section 305 may be imported into the
United States unless the State Party issues a certification or other
documentation which certifies that such exportation was not in violation
of the laws of the State Party.
(b) Customs Action in Absence of Documentation.--If the consignee of
any designated archaeological or ethnological material is unable to
present to the customs officer concerned at the time of making entry of
such material--,
(1) the certificate or other documentation of the State Party
required under subsection (a); or
(2) satisfactory evidence that such material was exported from
the State Party--,
material
is imported (or any related person) contracted for or
acquired an interest, directly or indirectly, in such
material
more than one year before that date of entry, or
the customs officer concerned shall refuse to release the material from
customs custody and send it to a bonded warehouse or store to be held at
the risk and expense of the consignee, notwithstanding any other
provision of law, until such documentation or evidence is filed with
such officer. If such documentation or evidence is not presented within
ninety days after the date on which such material is refused release
from customs custody, or such longer period as may be allowed by the
Secretary for good cause shown, the material shall be subject to seizure
and forfeiture. The presentation of such documentation or evidence
shall not bar subsequent action under section 310.
(c) Definition of Satisfactory Evidence.--The term "satisfactory
evidence" means--,
(1) for purposes of subsection (b)(2)(A)--,
imported,
stating that, to the best of his knowledge--,
the
United States, and
date, or,
if not known, his belief, that the material was exported
from the State Party not less than ten years before
the date
of entry into the United States, and the reasons on
which
the statement is based; and
(2) for purposes of subsection (b)(2)(B)--,
the
material was exported from the State Party on or
before
the date such material was designated under section 305,
and
not
known, his belief, that the material was exported from
the
State Party on or before the date such material was
designated
under section 305, and the reasons on which the
statement is based.
(d) Related Persons.--For purposes of subsections (b) and (c), a
person shall be treated as a related person to an importer, or to a
person for whose account material is imported, if such person--,
(1) is a member of the same family as the importer or person of
account, including, but not limited to, membership as a brother or
sister (whether by whole or half blood), spouse, ancestor, or
lineal descendant;
(2) is a partner or associate with the importer or person of
account in any partnership, association, or other venture; or
(3) is a corporation or other legal entity in which the
importer or person of account directly or indirectly owns,
controls, or holds power to vote 20 percent or more of the
outstanding voting stock or shares in the entity.
SEC. 308. // 19 USC 2607. // STOLEN CULTURAL PROPERTY.
No article of cultural property documented as appertaining to the
inventory of a museum or religious or secular public monument or similar
institution in any State Party which is stolen from such institution
after the effective date of this title, or after the date of entry into
force of the Convention for the State Party, whichever date is later,
may be imported into the United States.
SEC. 309. // 19 USC 2608. // TEMPORARY DISPOSITION OF MATERIALS AND
ARTICLES SUBJECT TO TITLE.
Pending a final determination as to whether any archaeological or
ethnological material, or any article of cultural property, has been
imported into the United States in violation of section 307 or section
308, the Secretary shall, upon application by any museum or other
cultural or scientific institution in the United States which is open to
the public, permit such material or article to be retained at such
institution if he finds that--,
(1) sufficient safeguards will be taken by the institution for
the protection of such material or article; and
(2) sufficient bond is posted by the institution to ensure its
return to the Secretary.
SEC. 310. // 19 USC 2609 // SEIZURE AND FORFEITURE.
(a) In General.--Any designated archaeological or ethnological
material or article of cultural property, as the case may be, which is
imported into the United States in violation of section 307 or section
308 shall be subject to seizure and forfeiture. All provisions of law
relating to seizure, forfeiture, and condemnation for violation of the
customs laws shall apply to seizures and forfeitures incurred, or
alleged to have been incurred, under this title, insofar as such
provisions of law are applicable to, and not inconsistent with, the
provisions of this title.
(b) Archaeological and Ethnological Material.--Any designated
archaeological or ethnological material which is imported into the
United States in violation of section 307 and which is forfeited to the
United States under this title shall--,
(1) first be offered for return to the State Party;
(2) if not returned to the State Party, be returned to a
claimant with respect to whom the material was forfeited if that
claimant establishes--,
of
the material; or
(3) if not returned to the State Party under paragraph (1) or
to a claimant under paragraph (2), be disposed of in the manner
prescribed by law for articles forfeited for violation of the
customs laws.
No return of material may be made under paragraph (1) or (2) unless the
State Party or claimant, as the case may be, bears the expenses incurred
incident to the return and delivery, and complies with such other
requirements relating to the return as the Secretary shall prescribe.
(c) Articles of Cultural Property.--,
(1) In any action for forfeiture under this section regarding
an article of cultural property imported into the United States in
violation of section 208, if the claimant establishes valid title
to the article, under applicable law, as against the institution
from which the article was stolen, forfeiture shall not be decreed
unless the State Party to which the article is to be returned pays
the claimant just compensation for the article. In any action for
forfeiture under this section where the claimant does not
establish such title but establishes that it purchased the article
for value without knowledge or reason to believe it was stolen,
forfeiture shall not be decreed unless--,
returned
pays the claimant an amount equal to the amount which
the claimant paid for the article, or
Party, as
a matter of law or reciprocity, would in similar
circumstances
recover and return an article stolen from an institution
in the United States without requiring the payment of
compensation.
(2) Any article of cultural property which is imported into the
United States in violation of section 308 and which is forfeited
to the United States under this title shall--,
whose
territory is situated the institution referred to in
section
308 and shall be returned if that State Party bears
the
expenses incident to such return and delivery and
complies
with such other requirements relating to the return as
the
Secretary prescribes; or
of in
the manner prescribed by law for articles forfeited for
violation of the customs laws.
SEC. 311. // 19 USC 2610. // EVIDENTIARY REQUIREMENTS.
Notwithstanding the provisions of section 615 of the Tariff Act of
1930 (19 U.S.C. 1615), in any forfeiture proceeding brought under this
title in which the material or article, as the case may be, is claimed
by any person, the United States shall establish--,
(1) in the case of any material subject to the provisions of
section 307, that the material has been listed by the Secretary in
accordance with section 305; and
(2) in the case of any article subject to section 308, that the
article--,
similar
institution in a State Party, and
force of the
Convention for the State Party concerned, whichever
date
is later.
SEC. 312. // 19 USC 2611. // CERTAIN MATERIAL AND ARTICLES EXEMPT
FROM TITLE.
The provisions of this title shall not apply to--,
(1) any archaeological or ethnological material or any article
of cultural property which is imported into the United States for
temporary exhibition or display if such material or article is
immune from seizure under judicial process pursuant to the Act
entitled " An Act to render immune from seizure under judicial
process certain objects of cultural significance imported into the
United States for temporary display or exhibition, and for other
purposes", approved October 19, 1965 (22 U.S.C. 2459); or
(2) any designated archaeological or ethnological material or
any article of cultural property imported into the United States
if such material or article--,
not
less than three consecutive years by a recognized museum
or religious or secular monument or similar
institution, and
was purchased by that institution for value, in good
faith,
and without notice that such material or article was
imported
in violation of this title, but only if--,
or
exhibition catalog which is concerned with the type of
article or materials sought to be exempted from this
title,
consecutive
years and has been exhibited for not less than five
years during such period in a recognized museum or
religious
or secular monument or similar institution in the
United States open to the public; or
than ten
consecutive years and the State Party concerned has
received or should have received during such period fair
notice (through such adequate and accessible
publication, or
other means, as the Secretary shall by regulation
prescribe)
of its location within the United States; and
less than
twenty consecutive years and the claimant establishes
that
it purchased the material or article for value without
knowledge or reason to believe that it was imported in
violation of law.
SEC. 313. // 19 USC 2612. // REGULATIONS.
The Secretary shall prescribe such rules and regulations as are
necessary and appropriate to carry out the provisions of this title.
SEC. 314. // 19 USC 2613. // ENFORCEMENT.
In the customs territory of the United States, and in the Virgin
Islands, the provisions of this title shall be enforced by appropriate
customs officers. In any other territory or area within the United
States, but not within such customs territory or the Virgin Islands,
such provisions shall be enforced by such persons as may be designated
by the President.
SEC. 315. // 19 USC 2601 // EFFECTIVE DATE.
(a) In General.--This title shall take effect on the ninetieth day
after the date of the enactment of this Act or on any date which the
President shall prescribe and publish in the Federal Register, if such
date is--,
(1) before such ninetieth day and after such date of enactment;
and
(2) after the initial membership of the Committee is appointed.
(b) Exception.--Notwithstanding subsection (a), the members of the
Committee may be appointed in the manner provided for in section 306 at
any time after the date of the enactment of this Act.
Approved January 12, 1983.
LEGISLATIVE HISTORY--H.R. 4566:
HOUSE REPORTS: No. 97 - 257 (Comm. on Ways and Means) and No. 97 -
989 (Comm. of Conference).
SENATE REPORT No. 97 - 564 (Comm. on Finance).
CONGRESSIONAL RECORD:
Vol. 127 (1981): Oct. 13, considered and passed House.
Vol. 128 (1982): Dec. 19, considered and passed Senate,
amended. Dec. 21, House agreed to conference report. Dec. 22,
Senate agreed to conference report.
PUBLIC LAW 97-445, 96 STAT. 2328
" American Indian Day".
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the President of the
United States is authorized and requested to issue a proclamation
designating May 13, 1983, as " American Indian Day", and calling upon
the people of the United States to observe such day with appropriate
ceremonies and activities.
Approved January 12, 1983.
LEGISLATIVE HISTORY--H.J. Res. 459:
CONGRESSIONAL RECORD, Vol. 128 (1982):
Dec. 17, considered and passed House.
Dec. 21, considered and passed Senate.
PUBLIC LAW 97-444, 96 STAT. 2294, FUTURES TRADING ACT OF 1982
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act // 7 USC
1. // may be cited as the " Futures Trading Act of 1982".
Sec. 101. (a) Section 2(a) of the Commodity Exchange Act (7 U.S.C.
2) // 7 USC 2, 4. 7 USC 2. // is amended by--,
(1) redesignating paragraph (1) as paragraph (1)(A);
(2) inserting in the third sentence of paragraph (1)(A), as so
redesignated ", except to the extent otherwise provided in
subparagraph (B) of this paragraph," after "exclusive
jurisdiction";
(3) adding a new subparagraph (B) to read as follows:
"(B) Notwithstanding any other provision of law--,
shall
have no jurisdiction to designate a board of trade as a
contract market for any transaction whereby any party to
such transaction acquires any put, call, or other
option on
one or more securities (as defined in section 2(1) of
the
Securities Act of 1933
// 15 USC 77b. //
or section 3(a)(10) of the Securities
Exchange Act of 1934
// 15 USC 77c. //
on the date of enactment of the
Futures Trading Act of 1982), including any group or
index
of such securities, or any interest therein or based on
the
value thereof.
agreements
(including any transaction which is of the character
of, or is commonly known to the trade as, an 'option',
'privilege', 'indemnity', 'bid', 'offer', 'put',
'call', 'advance
guaranty', or 'decline guaranty') and transactions
involving,
and may designate a board of trade as a contract
market in, contracts of sale (or options on such
contracts)
for future delivery of a group or index of securities
(or any
interest therein or based upon the value thereof):
Provided,
however, That no board of trade shall be designated as
a
contract market with respect to any such contracts of
sale
(or options on such contracts) for future delivery
unless the
board of trade making such application demonstrates and
the Commission expressly finds that the specific
contract
(or option on such contract) with respect to which the
application has been made meets the following minimum
requirements:
security,
except an exempted security under section 3 of the
Securities Act of 1933
// 15 USC 77c. //
or section 3(a)(12) of the Securities
Exchange Act of 1934
// 15 USC 78c. //
as in effect on the date of
enactment of the Futures Trading Act of 1982 (other
than any municipal security, as defined in section
3(a)(29) of the Securities Exchange Act of 1934 on
the
date of enactment of the Futures Trading Act
of 1982);
manipulation
of the price of such contract (or option on such
contract), nor to causing or being used in the
manipulation
of the price of any underlying security, option on
such security or option on a group or index including
such securities; and
predominately
composed of the securities of unaffiliated
issuers and shall be a widely published measure of, and
shall reflect, the market for all publicly traded equity
or debt securities or a substantial segment thereof, or
shall be comparable to such measure.
designation
as a contract market with respect to any contract of
sale (or
option on such contract) for future delivery involving a
group or index of securities, the Commission shall
provide
an opportunity for public comment on whether such
contracts
(or options on such contracts) meet the minimum
requirements set forth in clause (ii) of this
subparagraph.
Securities
and Exchange Commission with respect to any
application
which is submitted by a board of trade before December
9,
1982, for designation as a contract market with respect
to
any contract of sale (or option on such contract) for
future
delivery of a group or index of securities. If, no
later than
fifteen days following the close of the public comment
period, the Securities and Exchange Commission shall
object to the designation of a board of trade as a
contract
market in such contract (or option on such contract) on
the
ground that any minimum requirement of clause (ii) of
this
subparagraph is not met, the Commission shall afford
the
Securities and Exchange Commission an opportunity
for an
oral hearing, to be transcribed, before the
Commission, and
shall give appropriate weight to the views of the
Securities
and Exchange Commission. Such oral hearing shall be
held
after the public comment period, prior to Commission
action upon such designation, and not less than thirty
nor
more than forty-five days after the close of the public
comment period, unless both the Commission and the
Securities
Exchange Commission otherwise agree. If such an
oral hearing is held, the Securities and Exchange
Commission
fails to withdraw its objections, and the Commission
issues an order designating a board of trade as a
contract
market with respect to any such contract (or option on
such
contract), the Securities and Exchange Commission
shall
have the right of judicial review of such order in
accordance
with the standards of section 6(b) of this Act. If,
pursuant to
section 6 of this Act, there is a hearing on the
record with
respect to such application for designation, the
Securities
and Exchange Commission shall have the right to
participate
in that hearing as an interested party.
board of
trade on or after December 9, 1982, for designation as
a
contract market with respect to any contract of sale (or
option on such contract) for future delivery of a group
or
index of securities, the Commission shall transmit a
copy of
such application to the Securities and Exchange
Commission
for review. The Commission shall not approve any such
application if the Securities and Exchange Commission
determines that such contract (or option on such
contract)
fails to meet the minimum requirements set forth in
clause
(ii) of this subparagraph. Such determination shall
be made
by order no later than forty-five days after the close
of the
public comment period under clause (iii) of this
subparagraph.
In the event of such determination, the board of
trade shall be afforded an opportunity for a hearing on
the
record before the Securities and Exchange
Commission. If a
board of trade requests a hearing on the record, the
hearing
shall commence no later than thirty days following the
receipt of the request, and a final determination shall
be
made no later than thirty days after the close of the
hearing. A person aggrieved by any such order of the
Securities and Exchange Commission may obtain
judicial
review thereof in the same manner and under such terms
and conditions as are provided in section 6(a) of this
Act.
// 7 USC 8. //
option on
such contract) for future delivery of any security, or
interest
therein or based on the value thereof, except an
exempted security under section 3 of the Securities
Act of
1933
// 15 USC 77c. //
or section 3(a)(12) of the Securities Exchange Act of
1934
// 15 USC 78c. //
as in effect on the date of enactment of the Futures
Trading Act of 1982 (other than any municipal
security as
defined in section 3(a)(29) of the Securities
Exchange Act of
1934 on the date of enactment of the Futures Trading
Act of
1982), or except as provided in clause (ii) of this
subparagraph,
any group or index of such securities or any interest
therein or based on the value thereof.".
Sec. 102. Section 4c of the Commodity Exchange Act (7 U.S.C. 6c) is
amended by adding at the end thereof the following new subsection:
"(f) Nothing in this Act shall be deemed to govern or in any way be
applicable to any transaction in an option on foreign currency traded on
a national securities exchange.".
Sec. 103. Section 4m of the Commodity Exchange Act (7 U.S.C. 6m) is
amended by--,
(1) inserting "(1)" immediately following the section
designation; and
(2) adding at the end thereof the following new subsection:
"(2) Nothing in this Act shall relieve any person of any obligation
or duty, or affect the availability of any right or remedy available to
the Securities and Exchange Commission or any private party arising
under the Securities Act of 1933 // 15 USC 77a. // or the Securities
Exchange Act of 1934 // 15 USC 78a. // governing the issuance, offer,
purchase, or sale of securities of a commodity pool, or of persons
engaged in transactions with respect to such securities, or reporting by
a commodity pool.".
SELF--,
REGULATORY ORGANIZATIONS
Sec. 104. Section 8a(6) of the Commodity Exchange Act (7 U.S.C.
12a) is amended by--,
(1) inserting "registered futures association, or
self-regulatory organization as defined in section 3(a)(26) of the
Securities Exchange Act of 1934,"
// 15 USC 78c. //
before "notwithstanding"; and
(2) striking out "and consumers" and inserting in lieu thereof
a comma and immediately thereafter "consumers, or investors, or
which is necessary or appropriate to effectuate the purposes of
this Act: Provided, That any information furnished by the
Commission under this paragraph shall not be disclosed by such
contract market, registered futures association, or
self-regulatory organization except in any self-regulatory action
or proceeding".
Sec. 201. Section 2(a) of the Commodity Exchange Act (7 U.S.C. 2) is
amended by--,
(1) inserting in paragraph (1)(A), as redesignated by section
101 of this Act, immediately after the sentence defining the term
"futures commission merchant" a new sentence to read as follows:
" The term 'introducing broker' shall mean any person, except an
individual who elects to be and is registered as an associated
person of a futures commission merchant, engaged in soliciting or
in accepting orders for the purchase or sale of any commodity for
future delivery on or subject to the rules of any contract market
who does not accept any money, securities, or property (or extend
credit in lieu thereof) to margin, guarantee, or secure any trades
or contracts that result or may result therefrom."; and
(2) amending the sentence defining the term "commodity trading
advisor" in paragraph (1)(A), as so redesignated, to read as
follows: " The term 'commodity trading advisor' shall mean any
person who, for compensation or profit, engages in the business of
advising others, either directly or through publications, writings
or electronic media, as to the value of or the advisability of
trading in any contract of sale of a commodity for future delivery
made or to be made on or subject to the rules of a contract
market, any commodity option authorized under section 4c,
// 7 USC 6c. //
or any leverage transaction authorized under section 19, or who,
for compensation or profit, and as part of a regular business,
issues or promulgates analyses or reports concerning any of the
foregoing; but such term does not include (i) any bank or trust
company or any person acting as an employee thereof, (ii) any news
reporter, news columnist, or news editor of the print or
electronic media, or any lawyer, accountant, or teacher, (iii) any
floor broker or futures commission merchant, (iv) the publisher or
producer of any print or electronic data of general and regular
dissemination, including its employees, (v) the fiduciary of any
defined benefit plan which is subject to the provisions of the
Employee Retirement Income Security Act of 1974,
// 29 USC 1001. //
(vi) any contract market, and (vii) such other persons not within
the intent of this definition as the Commission may specify by
rule, regulation, or order: Provided, That the furnishing of such
services by the foregoing persons is solely incidental to the
conduct of their business or profession: Provided further, That
the Commission, by rule or regulation, may include within this
definition, any person advising as to the value of commodities or
issuing reports or analyses concerning commodities, if the
Commission determines that such rule or regulation will effectuate
the purposes of this provision.".
Sec. 202. Section 2(a)(7) of the Commodity Exchange Act (7 U.S.C.
4a(f)) is amended by--,
(1) striking out "(A)" after the paragraph designation; and
(2) striking out subparagraph (B).
Sec. 203. Section 3 of the Commodity Exchange Act (7 U.S.C. 5) is
amended to read as follows:
" Sec. 3. Transactions in commodities involving the sale thereof for
future delivery as commonly conducted on boards of trade and known as
'futures' are affected with a national public interest. Such futures
transactions are carried on in large volume by the public generally and
by persons engaged in the business of buying and selling commodities and
the products and byproducts thereof in interstate commerce. The prices
involved in such transactions are generally quoted and disseminated
throughout the United States and in foreign countries as a basis for
determining the prices to the producer and the consumer of commodities
and the products and byproducts thereof and to facilitate the movements
thereof in interstate commerce. Such transactions are utilized by
shippers, dealers, millers, and others engaged in handling commodities
and the products and byproducts thereof in interstate commerce as a
means of hedging themselves against possible loss through fluctuations
in price. The transactions and prices of commodities on such boards of
trade are susceptible to excessive speculation and can be manipulated,
controlled, cornered or squeezed, to the detriment of the producer or
the consumer and the persons handling commodities and the products and
byproducts thereof in interstate commerce, rendering regulation
imperative for the protection of such commerce and the national public
interest therein. Furthermore, transactions which are of the character
of, or are commonly known to the trade as, 'options' are or may be
utilized by commercial and other entities for risk shifting and other
purposes. Options transactions are in interstate commerce or affect
such commerce and the national economy, rendering regulation of such
transactions imperative for the protection of such commerce and the
national public interest."
Sec. 204. Section 4 of the Commodity Exchange Act (7 U.S.C. 6) is
amended to read as follows:
" Sec. 4. (a) It shall be unlawful for any person to offer to enter
into, to enter into, to execute, to confirm the execution of, or to
conduct any office or business anywhere in the United States, its
territories or possessions, for the purpose of soliciting or accepting
any order for, or otherwise dealing in, any transaction in, or in
connection with, a contract for the purchase or sale of a commodity for
future delivery (other than a contract which is made on or subject to
the rules of a board of trade, exchange, or market located outside the
United States, its territories or possessions) unless--,
"(1) such transaction is conducted on or subject to the rules
of a board of trade which has been designated by the Commission as
a 'contract market' for such commodity;
"(2) such contract is executed or consummated by or through a
member of such contract market; and
"(3) such contract is evidenced by a record in writing which
shows the date, the parties to such contract and their addresses,
the property covered and its price, and the terms of delivery:
Provided, That each contract market member shall keep such record
for a period of three years from the date thereof, or for a longer
period if the Commission shall so direct, which record shall at
all times be open to the inspection of any representative of the
Commission or the Department of Justice.
"(b) The Commission may adopt rules and regulations proscribing fraud
and requiring minimum financial standards, the disclosure of risk, the
filing of reports, the keeping of books and records, the safeguarding of
customers' funds, and registration with the Commission by any person
located in the United States, its territories or possessions, who
engages in the offer or sale of any contract of sale of a commodity for
future delivery that is made or to be made on or subject to the rules of
a board of trade, exchange, or market located outside the United States,
its territories or possessions. Such rules and regulations may impose
different requirements for such persons depending upon the particular
foreign board of trade, exchange, or market involved. No rule or
regulation may be adopted by the Commission under this subsection that
(1) requires Commission approval of any contract, rule, regulation, or
action of any foreign board of trade, exchange, or market, or
clearinghouse for such board of trade, exchange, or market, or (2)
governs in any way any rule or contract term or action of any foreign
board of trade, exchange, or market, or clearinghouse for such board of
trade, exchange, or market.".
Sec. 205. Section 4a of the Commodity Exchange Act (7 U.S.C. 6a) is
amended by--,
(1) inserting "rule, regulation, or" before "order" wherever it
occurs in subsections (1) and (2);
(2) inserting in the fourth sentence of subsection (1) after
"delivery months," the words "or for different number of days
remaining until the last day of trading in a contract,";
(3) striking out in subsection (2) "order's promulgation" and
inserting in lieu thereof "promulgation of the rule, regulation,
or order";
(4) amending subsection (3) to read as follows:
"(3) No rule, regulation, or order issued under subsection (1) of
this section shall apply to transactions or positions which are shown to
be bona fide hedging transactions or positions as such terms shall be
defined by the Commission by rule, regulation, or order consistent with
the purposes of this Act. Such terms may be defined to permit
producers, purchasers, sellers, middlemen, and users of a commodity or a
product derived therefrom to hedge their legitimate anticipated business
needs for that period of time into the future for which an appropriate
futures contract is open and available on an exchange. To determine the
adequacy of this Act and the powers of the Commission acting thereunder
to prevent unwarranted price pressures by large hedgers, the Commission
shall monitor and analyze the trading activities of the largest hedgers,
as determined by the Commission, operating in the cattle, hog, or pork
belly markets and shall report its findings and recommendations to the
Senate Committee on Agriculture, Nutrition, and Forestry and the House
Committee on Agriculture in its annual reports for at least two years
following the date of enactment of the Futures Trading Act of 1982.";
(5) inserting in the first sentence of subsection (4) ", an
introducing broker," after "futures commission merchant", and
striking out "as floor broker" and inserting in lieu thereof "a
floor broker"; and
(6) adding at the end thereof the following new subsection:
"(5) Nothing in this section shall prohibit or impair the adoption by
any contract market or by any other board of trade licensed or
designated by the Commission of any bylaw, rule, regulation, or
resolution fixing limits on the amount of trading which may be done or
positions which may be held by any person under contracts of sale of any
commodity for future delivery traded on or subject to the rules of such
contract market, or under options on such contracts or commodities
traded on or subject to the rules of such contract market or such board
of trade: Provided, That if the Commission shall have fixed limits
under this section for any contract or under section 4c of this Act for
any commodity option, then the limits fixed by the bylaws, rules,
regulations, and resolutions adopted by such contract market or such
board of trade shall not be higher than the limits fixed by the
Commission. It shall be a violation of this Act for any person to
violate any bylaw, rule, regulation, or resolution of any contract
market or other board of trade licensed or designated by the Commission
fixing limits on the amount of trading which may be done or positions
which may be held by any person under contracts of sale of any commodity
for future delivery or under options on such contracts or commodities,
if such bylaw, rule, regulation, or resolution has been approved by the
Commission: Provided, That the provisions of section 9(c) of this Act
// 7 USC 13. // shall apply only to those who knowingly violate such
limits.".
Sec. 206. Section 4c of the Commodity Exchange Act (7 U.S.C. 6c) is
amended by--,
(1) amending subsection (a) by--,
(2) amending subsection (b) to read as follows:
"(b) No person shall offer to enter into, enter into or confirm the
execution of, any transaction involving any commodity regulated under
this Act which is of the character of, or is commonly known to the trade
as, an 'option', 'privilege', 'indemnity', 'bid', 'offer', 'put',
'call', 'advance guaranty', or 'decline guaranty', contrary to any rule,
regulation, or order of the Commission prohibiting any such transaction
or allowing any such transaction under such terms and conditions as the
Commission shall prescribe. Any such order, rule, or regulation may be
made only after notice and opportunity for hearing, and the Commission
may set different terms and conditions for different markets.";
(3) in subsection (c), inserting immediately after the first
sentence the following: " With respect to any commodity regulated
under this Act and specifically set forth in section (2)(a) of
this Act
// 7 USC 4, 4a. //
prior to the date of enactment of the Commodity Futures Trading
Commission Act of 1974, the Commission may, pursuant to the
procedures set forth in this subsection, establish a pilot program
for a period not to exceed three years to permit such commodity
option transactions. The Commission may authorize commodity
option transactions during the pilot program in as many
commodities as will provide an adequate test of the trading of
such option transactions. After completion of the pilot program,
the Commission may authorize commodity option transactions without
regard to the restrictions in the pilot program after the
Commission transmits to the House Committee on Agriculture and the
Senate Committee on Agriculture, Nutrition, and Forestry the
documentation required under clause (1) of the first sentence of
this subsection and the expiration of thirty calendar days of
continuous session of Congress after the date of such
transmittal."; and
(4) amending subsection (d) by--,
prior to
enactment of the Commodity Futures Trading
Commission
Act of 1974," immediately after "physical commodity";
prior to
enactment of the Commodity Futures Trading
Commission
Act of 1974," immediately after "subsection (b) of this
section"; and
specifically
set forth in section (2)(a) of this Act prior to
enactment
of the Commodity Futures Trading Commission Act of
1974," immediately after " The Commission may permit
persons not domiciled in the United States to grant
options
under this subsection".
Sec. 207. Section 4d of the Commodity Exchange Act (7 U.S.C. 6d) is
amended by--,
(1) inserting in the introductory clause "or introducing
broker" after "futures commission merchant";
(2) inserting in paragraph (1) "or introducing broker" after
"futures commission merchant"; and
(3) inserting in paragraph (2) "if a futures commission
merchant," after "such person shall,".
Sec. 208. Section 4f of the Commodity Exchange Act (7 U.S.C. 6f) is
amended by--,
(1) amending subsection (1) to read as follows:
"(1) Any person desiring to register as a futures commission
merchant, introducing broker, or floor broker hereunder shall be
registered upon application to the Commission. The application
shall be made in such form and manner as prescribed by the
Commission, giving such information and facts as the Commission
may deem necessary concerning the business in which the applicant
is or will be engaged, including in the case of an application of
a futures commission merchant or an introducing broker, the names
and addresses of the managers of all branch offices, and the names
of such officers and partners, if a partnership, and of such
officers, directors, and stockholders, if a corporation, as the
Commission may direct. Such person, when registered hereunder,
shall likewise continue to report and furnish to the Commission
the above-mentioned information and such other information
pertaining to such person's business as the Commission may
require. Each registration shall expire on December 31 of the
year for which issued or at such other time, not less than one
year from the date of issuance, as the Commission may by rule,
regulation, or order prescribe, and shall be renewed upon
application therefor unless the registration has been suspended
(and the period of such suspension has not expired) or revoked
pursuant to the provisions of this Act."; and
(2) inserting in subsection (2) "or as introducing broker"
after "futures commission merchant".
Sec. 209. Section 4g of the Commodity Exchange Act (7 U.S.C. 6g) is
amended by--,
(1) inserting in subsection (1) ", introducing broker," after
"futures commission merchant"; and
(2) inserting in subsection (3) ", introducing brokers," after
" Floor brokers".
Sec. 210. Section 4h of the Commodity Exchange Act (7 U.S.C. 6h) is
amended to read as follows:
" Sec. 4h. It shall be unlawful for any person falsely to represent
such person to be a member of a contract market or the representative or
agent of such member, or to be a registrant under this Act or the
representative or agent of any registrant, in soliciting or handling any
order or contract for the purchase or sale of any commodity in
interstate commerce or for future delivery, or falsely to represent in
connection with the handling of any such order or contract that the same
is to be or has been executed on, or by or through a member of, any
contract market.".
TRADER
REPORTS
Sec. 211. Section 4i of the Commodity Exchange Act (7 U.S.C. 6i) is
amended to read as follows:
" Sec. 4i. It shall be unlawful for any person to make any contract
for the purchase or sale of any commodity for future delivery on or
subject to the rules of any contract market--,
"(1) if such person shall directly or indirectly make such
contracts with respect to any commodity or any future of such
commodity during any one day in an amount equal to or in excess of
such amount as shall be fixed from time to time by the Commission,
and
"(2) if such person shall directly or indirectly have or obtain
a long or short position in any commodity or any future of such
commodity equal to or in excess of such amount as shall be fixed
from time to time by the Commission,
unless such person files or causes to be filed with the properly
designated officer of the Commission such reports regarding any
transactions or positions described in clauses (1) and (2) hereof as the
Commission may by rule or regulation require and unless, in accordance
with rules and regulations of the Commission, such person shall keep
books and records of all such transactions and positions and
transactions and positions in any such commodity traded on or subject to
the rules of any other board of trade, and of cash or spot transactions
in, and inventories and purchase and sale commitments of such commodity.
Such books and records shall show complete details concerning all such
transactions, positions, inventories, and commitments, including the
names and addresses of all persons having any interest therein, and
shall be open at all times to inspection by any representative of the
Commission or the Department of Justice. For the purposes of this
section, the futures and cash or spot transactions and positions of any
person shall include such transactions and positions of any persons
directly or indirectly controlled by such person.".
Sec. 212. Section 4k of the Commodity Exchange Act (7 U.S.C. 6k) is
amended to read as follows:
" Sec. 4k. (1) It shall be unlawful for any person to be associated
with a futures commission merchant as a partner, officer, or employee,
or to be associated with an introducing broker as a partner, officer,
employee, or agent (or any person occupying a similar status or
performing similar functions), in any capacity that involves (i) the
solicitation or acceptance of customers' orders (other than in a
clerical capacity) or (ii) the supervision of any person or persons so
engaged, unless such person is registered with the Commission under this
Act as an associated person of such futures commission merchant or of
such introducing broker and such registration shall not have expired,
been suspended (and the period of suspension has not expired), or been
revoked. It shall be unlawful for a futures commission merchant or
introducing broker to permit such a person to become or remain
associated with the futures commission merchant or introducing broker in
any such capacity if such futures commission merchant or introducing
broker knew or should have known that such person was not so registered
or that such registration had expired, been suspended (and the period of
suspension has not expired), or been revoked. Any individual who is
registered as a floor broker, futures commission merchant, or
introducing broker (and such registration is not suspended or revoked)
need not also register under this subsection.
"(2) It shall be unlawful for any person to be associated with a
commodity pool operator as a partner, officer, employee, consultant, or
agent (or any person occupying a similar status or performing similar
functions), in any capacity that involves (i) the solicitation of funds,
securities, or property for a participation in a commodity pool or (ii)
the supervision of any person or persons so engaged, unless such person
is registered with the Commission under this Act as an associated person
of such commodity pool operator and such registration shall not have
expired, been suspended (and the period of suspension has not expired),
or been revoked. It shall be unlawful for a commodity pool operator to
permit such a person to become or remain associated with the commodity
pool operator in any such capacity if the commodity pool operator knew
or should have known that such person was not so registered or that such
registration had expired, been suspended (and the period of suspension
has not expired), or been revoked. Any individual who is registered as
a floor broker, futures commission merchant, introducing broker,
commodity pool operator, or as an associated person of another category
of registrant under this section (and such registration is not suspended
or revoked) need not also register under this subsection. The
Commission may exempt any person or class of persons from having to
register under this subsection by rule, regulation, or order.
"(3) It shall be unlawful for any person to be associated with a
commodity trading advisor as a partner, officer, employee, consultant,
or agent (or any person occupying a similar status or performing similar
functions), in any capacity which involves (i) the solicitation of a
client's or prospective client's discretionary account or (ii) the
supervision of any person or persons so engaged, unless such person is
registered with the Commission under this Act as an associated person of
such commodity trading advisor and such registration shall not have
expired, been suspended (and the period of suspension has not expired),
or been revoked. It shall be unlawful for a commodity trading advisor
to permit such a person to become or remain associated with the
commodity trading advisor in any such capacity if the commodity trading
advisor knew or should have known that such person was not so registered
or that such registration had expired, been suspended (and the period of
suspension has not expired), or been revoked. Any individual who is
registered as a floor broker, futures commission merchant, introducing
broker, commodity trading advisor, or as an associated person of another
category of registrant under this section (and such registration is not
suspended or revoked) need not also register under this subsection. The
Commission may exempt any person or class of persons from having to
register under this subsection by rule, regulation, or order.
"(4) Any person desiring to be registered as an associated person of
a futures commission merchant, of an introducing broker, of a commodity
pool operator, or of a commodity trading advisor shall make application
to the Commission in the form and manner prescribed by the Commission,
giving such information and facts as the Commission may deem necessary
concerning the applicant. Such person, when registered hereunder, shall
likewise continue to report and furnish to the Commission such
information as the Commission may require. Such registration shall
expire at such time as the Commission may by rule, regulation, or order
prescribe.
"(5) It shall be unlawful for any registrant to permit a person to
become or remain an associated person of such registrant, if the
registrant knew or should have known of facts regarding such associated
person that are set forth as statutory disqualifications in section 8a(
2) of this Act, unless such registrant has notified the Commission of
such facts and the Commission has determined that such person should be
registered or temporarily licensed.".
Sec. 213. Section 4n of the Commodity Exchange Act (7 U.S.C. 6n) is
amended by striking out subsections (5) and (6).
Sec. 214. Section 4o of the Commodity Exchange Act (7 U.S.C. 6o) //
7 USC 6o. // is amended to read as follows:
" Sec. 4o. (1) It shall be unlawful for a commodity trading advisor,
associated person of a commodity trading advisor, commodity pool
operator, or associated person of a commodity pool operator by use of
the mails or any means or instrumentality of interstate commerce,
directly or indirectly--,
"(A) to employ any device, scheme, or artifice to defraud any
client or participant or prospective client or participant; or
"(B) to engage in any transaction, practice, or course of
business which operates as a fraud or deceit upon any client or
participant or prospective client or participant.
"(2) It shall be unlawful for any commodity trading advisor,
associated person of a commodity trading advisor, commodity pool
operator, or associated person of a commodity pool operator registered
under this Act to represent or imply in any manner whatsoever that such
person has been sponsored, recommended, or approved, or that such
person's abilities or qualifications have in any respect been passed
upon, by the United States or any agency or officer thereof. This
section shall not be construed to prohibit a statement that a person is
registered under this Act as a commodity trading advisor, associated
person of a commodity trading advisor, commodity pool operator, or
associated person of a commodity pool operator, if such statement is
true in fact and if the effect of such registration is not
misrepresented.".
EXAMINATIONS
Sec. 215. Section 4p of the Commodity Exchange Act (7 U.S.C. 6p) is
amended by--,
(1) striking out in the first sentence "futures commission
merchants, floor brokers, and those persons associated with
futures commission merchants or floor brokers" and inserting in
lieu thereof "persons required to be registered with the
Commission";
(2) striking out in the second and third sentences "as futures
commission merchants, floor brokers, and those persons associated
with futures commission merchants or floor brokers,"; and
(3) striking out in the last sentence "the customers of futures
commission merchants and floor brokers" and inserting in lieu
thereof "customers, clients, pool participants, or other members
of the public with whom such individuals deal".
Sec. 216. Section 5a of the Commodity Exchange Act (7 U.S.C. 7a) is
amended by--,
(1) amending paragraph (8) to read as follows:
"(8) enforce all bylaws, rules, regulations, and resolutions,
made or issued by it or by the governing board thereof or any
committee, that (i) have been approved by the Commission pursuant
to paragraph (12) of this section, (ii) have become effective
under such paragraph, or (iii) must be enforced pursuant to any
Commission rule, regulation, or order; and revoke and not enforce
any bylaw, rule, regulation, or resolution, made, issued, or
proposed by it or by the governing board thereof or any committee,
that has been disapproved by the Commission;";
(2) amending paragraph (12) to read as follows:
"(12) except as otherwise provided in this paragraph, submit to
the Commission for its prior approval all bylaws, rules,
regulations, and resolutions ('rules') made or issued by such
contract market, or by the governing board thereof or any
committee thereof, that relate to terms and conditions in
contracts of sale to be executed on or subject to the rules of
such contract market, as such terms and conditions are defined by
the Commission by rule or regulation, except those rules relating
to the setting of levels of margin. Each contract market shall
submit to the Commission all other rules (except those relating to
the setting of levels of margin and except those that the
Commission may specify by regulation) and may make such rules
effective ten days after receipt of such submission by the
Commission unless, within the ten-day period, the contract market
requests review and approval thereof by the Commission or the
Commission notifies such contract market in writing of its
determination to review such rules for approval. The
determination to review such rules for approval shall not be
delegable to any employee of the Commission. At least thirty days
before approving any rules of major economic significance, as
determined by the Commission, the Commission shall publish a
notice of such rules in the Federal Register. The Commission
shall give interested persons an opportunity to participate in the
approval process through the submission of written data, views, or
arguments. The determination by the Commission whether any such
rules are of major economic significance shall be final and not
subject to judicial review. The Commission shall approve such
rules if such rules are determined by the Commission not to be in
violation of this Act or the regulations of the Commission and the
Commission shall disapprove, after appropriate notice and
opportunity for hearing, any such rule which the Commission
determines at any time to be in violation of the provisions of
this Act or the regulations of the Commission. If the Commission
institutes proceedings to determine whether a rule should be
disapproved pursuant to this paragraph, it shall provide the
contract market with written notice of the proposed grounds for
disapproval, including the specific sections of this Act or the
Commission's regulations which would be violated. At the
conclusion of such proceedings, the Commission shall approve or
disapprove such rule. Any disapproval shall specify the sections
of this Act or the Commission's regulations which the Commission
determines such rule has violated or, if effective, would violate.
If the Commission does not approve or institute disapproval
proceedings with respect to any rule within one hundred and eighty
days after receipt or within such longer period as the contract
market may agree to, or if the Commission does not conclude a
disapproval proceeding with respect to any rule within one year
after receipt or within such longer period as the contract market
may agree to, such rule may be made effective by the contract
market until such time as the Commission disapproves such rule in
accordance with this paragraph. The Commission shall specify the
terms and conditions under which a contract market may, in an
emergency as defined by the Commission, make a rule effective on a
temporary basis without prior Commission approval, or without
compliance with the ten-day notice requirement under this
paragraph, or during any period of review by the Commission. In
the event of such an emergency, as defined by the Commission,
requiring immediate action, the contract market by a two--, thirds
vote of its governing board may immediately make effective a
temporary rule dealing with such emergency if the contract market
notifies the Commission of such action with a complete explanation
of the emergency involved.".
Sec. 217. (a) Section 5a(11) of the Commodity Exchange Act (7 U.S.
C. 7a(11)) is amended to read as follows:
"(11) provide a fair and equitable procedure through
arbitration or otherwise (such as by delegation to a registered
futures association having rules providing for such procedures)
for the settlement of customers' claims and grievances against any
member or employee thereof: Provided, That (i) the use of such
procedure by a customer shall be voluntary and (ii) the term
'customer' as used in this paragraph shall not include another
member of the contract market; and".
(b) Section 17(b)(10) of the Commodity Exchange Act (7 U.S.C. 21(b)(
10)) is amended to read as follows:
"(10) the rules of the association provide a fair, equitable,
and expeditious procedure through arbitration or otherwise for the
settlement of customers' claims and grievances against any member
or employee thereof: Provided, That (i) the use of such procedure
by a customer shall be voluntary and (ii) the term 'customer' as
used in this paragraph shall not include another member of the
association.".
Sec. 218. Section 6 of the Commodity Exchange Act (7 U.S.C. 8) is
amended by inserting immediately after the first sentence the following:
" The Commission shall approve or deny an application for designation
as a contract market within one year of the filing of the application.
If the Commission notifies the board of trade that its application is
materially incomplete and specifies the deficiencies in the application,
the running of the one-year period shall be stayed from the time of such
notification until the application is resubmitted in completed form:
Provided, That the Commission shall have not less than sixty days to
approve or deny the application from the time the application is
resubmitted in completed form. If the Commission denies an application,
it shall specify the grounds for the denial.".
Sec. 219. Section 6(b) of the Commodity Exchange Act (7 U.S.C. 9) is
amended by--,
(1) striking out in the first and ninth sentences "as futures
commission merchant or any person associated therewith as
described in section 4k of this Act, commodity trading advisor,
commodity pool operator, or as floor broker hereunder" and
inserting in lieu thereof "with the Commission in any capacity";
and
(2) inserting in the eleventh sentence after "doing business"
the words ", or in the case of an order denying registration,the
circuit in which the petitioner's principal place of business
listed on petitioner's application for registration is located,".
Sec. 220. Section 6c of the Commodity Exchange Act (7 U.S.C. 13a-1)
is amended by inserting in the proviso contained in the first sentence
after "no restraining order" the following: "(other than a restraining
order which prohibits any person from destroying, altering or disposing
of, or refusing to permit authorized representatives of the Commission
to inspect, when and as requested, any books and records or other
documents or which prohibits any person from withdrawing, transferring,
removing, dissipating, or disposing of any funds, assets, or other
property)".
Sec. 221. Section 6d of the Commodity Exchange Act (7 U.S.C. 13a-2)
is amended by adding at the end thereof the following new subsection:
"(8)(A) Nothing in this Act shall prohibit an authorized State
official from proceeding in a State court against any person registered
under this Act (other than a floor broker or registered futures
association) for an alleged violation of any antifraud provision of this
Act or any antifraud rule, regulation, or order issued pursuant to the
Act.
"(B) The State shall give the Commission prior written notice of its
intent to proceed before instituting a proceeding in State court as
described in this subsection and shall furnish the Commission with a
copy of its complaint immediately upon instituting any such proceeding.
The Commission shall have the right to (i) intervene in the proceeding
and, upon doing so, shall be heard on all matters arising therein, and
(ii) file a petition for appeal. The Commission or the defendant may
remove such proceeding to the district court of the United States for
the proper district by following the procedure for removal otherwise
provided by law, except that the petition for removal shall be filed
within sixty days after service of the summons and complaint upon the
defendant. The Commission shall have the right to appear as amicus
curiae in any such proceeding.".
Sec. 222. Section 8 of the Commodity Exchange Act (7 U.S.C. 12) is
amended by--,
(1) inserting immediately before the period at the end of
subsection (a) the following: ": Provided further, That the
Commission may withhold from public disclosure any data or
information concerning or obtained in connection with any pending
investigation of any person";
(2) amending subsection (b) by--,
under
this Act, or in any bankruptcy proceeding in which the
Commission
has intervened or in which the Commission has
the right to appear and be heard under title 11 of
the United States Code";
(3) amending subsection (e) by--,
request of any department or agency of any State or any
political subdivision thereof, acting within the scope
of its
jurisdiction, or any department or agency of any foreign
government or any political subdivision thereof, acting
within the scope of its jurisdiction, the Commission
may
furnish to such department or agency any information in
the possession of the Commission obtained in connection
with the administration of this Act. Any information
furnished
to any department or agency of any State or political
subdivision thereof shall not be disclosed by such
department or agency except in connection with an
adjudicatory
action or proceeding brought under this Act or the
laws of such State or political subdivision to which
such
State or political subdivision or any department or
agency
thereof is a party. The Commission shall not furnish
any
information to a department or agency of a foreign
government
or political subdivision thereof unless the Commission
is satisfied that the information will not be disclosed
by
such department or agency except in connection with an
adjudicatory action or proceeding brought under the
laws of
such foreign government or political subdivision to
which
such foreign government or political subdivision or any
department or agency thereof is a party.";
(4) redesignating subsections (f) and (g) as subsections (h)
and (i), respectively; and
(5) adding new subsections (f) and (g) to read as follows:
"(f) The Commission shall disclose information in its possession
pursuant to a subpena or summons only if--,
"(1) a copy of the subpena or summons has been mailed to the
last known home or business address of the person who submitted
the information that is the subject of the subpena or summons, if
the address is known to the Commission, or, if such mailing would
be unduly burdensome, the Commission provides other appropriate
notice of the subpena or summons to such person, and
"(2) at least fourteen days have expired from the date of such
mailing of the subpena or summons, or such other notice.
This subsection shall not apply to congressional subpenas or
congressional requests for information.
"(g) The Commission shall provide any registration information
maintained by the Commission on any registrant upon reasonable request
made by any department or agency of any State or any political
subdivision thereof. Whenever the Commission determines that such
information may be appropriate for use by any department or agency of a
State or political subdivision thereof, the Commission shall provide
such information without request.".
Sec. 223. Section 8a(1) of the Commodity Exchange Act (7 U.S.C.
12a(1)) is amended to read as follows:
"(1) to register futures commission merchants, associated
persons of futures commission merchants, introducing brokers,
associated persons of introducing brokers, commodity trading
advisors, associated persons of commodity trading advisors,
commodity pool operators, associated persons of commodity pool
operators, and floor brokers upon application in accordance with
rules and regulations and in the form and manner to be prescribed
by the Commission, which may require the applicant, and such
persons associated with the applicant as the Commission may
specify, to be fingerprinted and to submit, or cause to be
submitted, such fingerprints to the Attorney General for
identification and appropriate processing, and in connection
therewith to fix and establish from time to time reasonable fees
and charges for registrations and renewals thereof: Provided,
That notwithstanding any provision of this Act, the Commission may
grant a temporary license to any applicant for registration with
the Commission pursuant to such rules, regulations, or orders as
the Commission may adopt, except that the term of any such
temporary license shall not exceed six months from the date of its
issuance;".
DELEGATION OF
REGISTRATION FUNCTIONS
Sec. 224. Section 8a of the Commodity Exchange Act (7 U.S.C. 12a) is
amended by--,
(1) amending paragraph (2) to read as follows:
"(2) upon notice, but without a hearing and pursuant to such
rules, regulations, or orders as the Commission may adopt, to
refuse to register, to register conditionally, or to suspend or
place restrictions upon the registration of, any person and with
such a hearing as may be appropriate to revoke the registration of
any person--,
capacity
has been suspended (and the period of such suspension
has
not expired) or has been revoked;
this
section within five years preceding the filing of the
application
for registration or at any time thereafter;
not be
revoked solely on the basis of such temporary order,
judgment,
or decree), including an order entered pursuant to an
agreement of settlement to which the Commission or any
Federal or State agency or other governmental body is
a
party, from (i) acting as a futures commission merchant,
introducing broker, floor broker, commodity trading
advisor,
commodity pool operator, associated person of any
registrant under this Act, securities broker,
securities
dealer, municipal securities broker, municipal
securities
dealer, transfer agent, clearing agency, securities
information
processor, investment adviser, investment company, or
affiliated person or employee of any of the foregoing
or (ii)
engaging in or continuing any activity involving any
transaction
in or advice concerning contracts of sale of a commodity
for future delivery, concerning matters subject to
Commission regulation under section 4c or 19 of this
Act,
// 7 USC 6c, 23. //
or
concerning securities;
registration or at
any time thereafter of any felony that (i) involves any
transactions or advice concerning any contract of sale
of a
commodity for future delivery, or any activity subject
to
Commission regulation under section 4c or 19 of this
Act, or
concerning a security, (ii) arises out of the conduct
of the
business of a futures commission merchant, introducing
broker, floor broker, commodity trading advisor,
commodity
pool operator, associated person of any registrant under
this Act, securities broker, securities dealer,
municipal
securities broker, municipal securities dealer, transfer
agent, clearing agency, securities information
processor,
investment adviser, investment company, or an affiliated
person or employee of any of the foregoing, (iii)
involves
embezzlement, theft, extortion, fraud, fraudulent
conversion,
misappropriation of funds, securities or property,
forgery,
counterfeiting, false pretenses, bribery, or gambling,
or
(iv) involves the violation of section 152, 1341, 1342,
or 1343,
or chapter 25, 47, 95, or 96 of title 18, United
States Code;
found
by any court of competent jurisdiction, by the
Commission
or any Federal or State agency or other governmental
body,
or by agreement of settlement to which the Commission
or
any Federal or State agency or other governmental
body is
a party, (i) to have violated any provision of this
Act, the
Securities Act of 1933,
// 15 USC 77a, 78a. //
the Securities Exchange Act of 1934,
the Public Utility Holding Company Act of 1935,
the Trust
Indenture Act of 1939, the Investment Advisers Act
of 1940,
the Investment Company Act of 1940, the Securities
Investors
Protection Act of 1970, the Foreign Corrupt
Practices
Act of 1977, or any similar statute of a State or
foreign
jurisdiction, or any rule, regulation, or order under
any
such statutes, or the rules of the Municipal
Securities
Rulemaking Board where such violation involves
embezzlement,
theft, extortion, fraud, fraudulent conversion,
misappropriation
of funds, securities or property, forgery,
counterfeiting, false pretenses, bribery, or gambling,
or (ii)
to have willfully aided, abetted, counseled, commanded,
induced, or procured such violation by any other person;
contract
market to such person, denying, suspending, or revoking
such person's membership in any contract market or
registered
futures association, or barring or suspending such
person from being associated with a registrant under
this
Act or with a member of a contract market or with a
member of a registered futures association;
subparagraphs
(A) through (F) of this paragraph, such person
willfully
made any material false or misleading statement or
omitted to state any material fact in such person's
application;
or
registration
of any principal of such person would be warranted
because of a statutory disqualification listed in this
paragraph: Provided, That such person may appeal from a decision
to refuse registration, condition registration, suspend, revoke or
to place restrictions upon registration made pursuant to the
provisions of this paragraph in the manner provided in section 6(
b) of this Act;
// 7 USC 9. //
and Provided, further, That for the purposes of paragraphs (2) and
(3) of this section, 'principal' shall mean, if the person is a
partnership, any general partner or, if the person is a
corporation, any officer, director, or beneficial owner of at
least 10 per centum of the voting shares of the corporation, and
any other person that the Commission by rule, regulation, or order
determines has the power, directly or indirectly, through
agreement or otherwise, to exercise a controlling influence over
the activities of such person which are subject to regulation by
the Commission;";
(2) striking out paragraph (4) and redesignating paragraph (3)
as paragraph (4);
(3) inserting a new paragraph (3) to read as follows:
"(3) to refuse to register or to register conditionally any
person, if it is found, after opportunity for hearing, that--,
or has
consented to findings of a violation of, any provision
of this
Act, or any rule, regulation, or order thereunder
(other
than a violation set forth in paragraph (2) of this
section), or
to have willfully aided, abetted, counseled, commanded,
induced, or procured the violation by any other person
of
any such provision;
other
governmental body, or by agreement of settlement to
which
any Federal or State agency or other governmental
body is
a party, (i) to have violated any provision of the
Securities
Act of 1933, the Securities Exchange Act of 1934,
the Public
Utility Holding Company Act of 1935, the Trust
Indenture
Act of 1939, the Investment Advisers Act of 1940,
the
Investment Company Act of 1940, the Securities
Investors
Protection Act of 1970, the Foreign Corrupt
Practices Act of
1977,
// 15 USC 77a, 78a, 79, 77aaa, 80b-20, 78aaa, 78a. //
or any similar statute of a State or foreign
jurisdiction,
or any rule, regulation, or order under any such
statutes, or the rules of the Municipal Securities
Rulemaking
Board or (ii) to have willfully aided, abetted,
counseled,
commanded, induced, or procured such violation by any
other person;
with a
view to preventing violations of this Act, or of any
of the
statutes set forth in subparagraph (B) of this
paragraph, or
of any of the rules, regulations, or orders thereunder,
and
the person subject to supervision committed such a
violation:
Provided, That no person shall be deemed to have
failed reasonably to supervise another person, within
the
meaning of this subparagraph if (i) there have been
established
procedures, and a system for applying such procedures,
which would reasonably be expected to prevent and
detect, insofar as practicable, any such violation by
such
other person and (ii) such person has reasonably
discharged
the duties and obligations incumbent upon that person,
as
supervisor, by reason of such procedures and system,
without
reasonable cause to believe that such procedures and
system were not being complied with;
this
section within ten years preceding the filingg of the
application
or at any time thereafter, or was convicted of a felony,
including a felony of the type specified in
paragraph (2)(D)
of this section, more than ten years preceding the
filing of
the application;
any
transaction or advice concerning any contract of sale
of a
commodity for future delivery or any activity subject to
Commission regulation under section 4c or 19 of this
Act or
concerning a security, (ii) arises out of the conduct
of the
business of a futures commission merchant, introducing
broker, floor broker, commodity trading advisor,
commodity
pool operator, associated person of any registrant under
this Act, securities broker, securities dealer,
municipal
securities broker, municipal securities dealer, transfer
agent, clearing agency, securities information
processor,
investment adviser, investment company, or an affiliated
person or employee of any of the foregoing, (iii)
involves
embezzlement, theft, extortion, fraud, fraudulent
conversion,
misappropriation of funds, securities or
property,forgery,
counterfeiting, false pretenses, bribery, or gambling,
(iv) involves the violation of section 152, 1341, 1342,
or 1343
or chapter 25, 47, 95, or 96 of title 18, United
States Code;
States;
report
required to be filed with the Commission by this Act
or the
regulations thereunder, or in any proceeding before the
Commission;
would
constitute a felony under Federal law if the offense
had
been committed under Federal jurisdiction;
requirements
prescribed under this Act or under the rules or
regulations of the Commission, such person has not
established
that such person meets such minimum financial
requirements;
denying,
suspending, or expelling such person from membership
in a contract market, a registered futures association,
or
any other self-regulatory organization, or barring or
suspending
such person from being associated with any
member or members of such contract market, association,
or self-regulatory organization;
other
governmental body, or by agreement of settlement to
which
any Federal or State agency or other governmental
body is
a party, (i) to have violated any statute or any rule,
regulation,
or order thereunder which involves embezzlement,
theft, extortion, fraud, fraudulent conversion,
misappropriation
of funds, securities or property, forgery,
counterfeiting,
false pretenses, bribery, or gambling or (ii) to have
willfully aided, abetted, counseled, commanded, induced
or
procured such violation by any other person;
that
are set forth as statutory disqualifications in
paragraph (2)
of this section, unless such person has notified the
Commission
of such facts and the Commission has determined that
such other person should be registered or temporarily
licensed;
Provided, That pending final determination under this paragraph,
registration shall not be granted: Provided further, That such
person may appeal from a decision to refuse registration or to
condition registration made pursuant to this paragraph in the
manner provided in section 6(b) of this Act;";
(4) amending paragraph (4), as redesignated, to read as
follows:
"(4) in accordance with the procedure provided for in section
6(b) of this Act, to suspend, revoke, or place restrictions upon
the registration of any person registered under this Act if cause
exists under paragraph (3) of this section which would warrant a
refusal of registration of such person, and to suspend or revoke
the registration of any futures commission merchant or introducing
broker who shall knowingly accept any order for the purchase or
sale of any commodity for future delivery on or subject to the
rules of any contract market from any person if such person has
been denied trading privileges on any contract market by order of
the Commission under section 6(b) of this Act and the period of
denial specified in such order shall not have expired: Provided,
That such person may appeal from a decision to suspend, revoke, or
place restrictions upon registration made pursuant to this
paragraph in the manner provided in section 6(b) of this Act;";
(5) striking out "and" at the end of each of paragraphs (6),
(7), and (8); and
(6) adding a new paragraph (10) to read as follows:
"(10) to authorize any person to perform any portion of the
registration functions under this Act, in accordance with rules,
notwithstanding any other provision of law, adopted by such person
and submitted to the Commission for approval or, if applicable,
for review pursuant to section 17(j) of this Act,
// 7 USC 21. //
and subject to the provisions of this Act applicable to
registrations granted by the Commission.".
Sec. 225. Section 8a(9) of the Commodity Exchange Act (7 U.S.C.
12a(9)) is amended to read as follows:
"(9) to direct the contract market, whenever it has reason to
believe that an emergency exists, to take such action as in the
Commission's judgment is necessary to maintain or restore orderly
trading in or liquidation of any futures contract, including, but
not limited to, the setting of temporary emergency margin levels
on any futures contract, and the fixing of limits that may apply
to a market position acquired in good faith prior to the effective
date of the Commission's action. The term 'emergency' as used
herein shall mean, in addition to threatened or actual market
manipulations and corners, any act of the United States or a
foreign government affecting a commodity or any other major market
disturbance which prevents the market from accurately reflecting
the forces of supply and demand for such commodity. Any action
taken by the Commission under this paragraph shall be subject to
review only in the United States Court of Appeals for the circuit
in which the party seeking review resides or has its principal
place of business, or in the United States Court of Appeals for
the District of Columbia Circuit. Such review shall be based upon
an examination of all the information before the Commission at the
time the determination was made. The court reviewing the
Commission's action shall not enter a stay or order of mandamus
unless it has determined, after notice and hearing before a panel
of the court, that the agency action complained of was arbitrary,
capricious, an abuse of discretion, or otherwise not in accordance
with law. Nothing herein shall be deemed to limit the meaning or
interpretation given by a contract market to the terms 'market
emergency', 'emergency', or equivalent language in its own bylaws,
rules, regulations, or resolutions; and".
Sec. 226. The Commodity Exchange Act is amended by adding
immediately after section 8c (7 U.S.C. 12c) the following new section:
" Sec. 8d. // 7 USC 12d. // The Commission may, in accordance with
the procedures provided for in this Act, refuse to register, register
conditionally, or suspend, place restrictions upon, or revoke the
registration of, any person, and may bar for any period as it deems
appropriate any person from using or participating in any manner in any
market regulated by the Commission, if such person is subject to a final
decision or order of any court of competent jurisdiction or agency of
the United States finding such person to have knowingly violated any
provision of the export sales reporting requirements of section 812 of
the Agricultural Act of 1970 (7 U.S.C. section 612c-3), or of any
regulation issued thereunder.".
Sec. 227. Section 9 of the Commodity Exchange Act (7 U.S.C. 13) is
amended by--,
(1) amending subsection (a) to read as follows:
"(a) It shall be a felony punishable by a fine of not more than
$500,000 or imprisonment for not more than five years, or both, together
with the costs of prosecution, for any person registered or required to
be registered under this Act, or any employee or agent thereof, to
embezzle, steal, purloin, or with criminal intent convert to his own use
or the use of another, any money, securities, or property having a value
in excess of $100, which was received by such person or any employee or
agent thereof to margin, guarantee, or secure the trades or contracts of
any customer or accruing to such customer as a result of such trades or
contracts or which otherwise was received from any customer, client, or
pool participant in connection with the business of such person.
Notwithstanding the foregoing, in the case of any violation described in
the foregoing sentence by a person who is an individual, the fine shall
not be more than $100,000, together with the costs of prosecution. The
word 'value' as used in this subsection means face, par, or market
value, or cost price, either wholesale or retail, whichever is greater.
A person convicted of a felony under this subsection shall be suspended
from registration under this Act and shall be denied registration or
reregistration for five years or such longer period as the Commission
shall determine, unless the Commission determines that the imposition of
such suspension or denial of registration or reregistration is not
required to protect the public interest. The Commission may upon
petition later review such disqualification and for good cause shown
reduce the period thereof.";
(2) amending subsection (b) by adding at the end thereof the
following: " A person convicted of a felony under this subsection
shall be suspended from any registration under this Act, denied
registration or reregistration for five years or such longer
period as the Commission shall determine, and barred from using or
participating in any manner in any market regulated by the
Commission for five years or such longer period as the Commission
shall determine on such terms and conditions as the Commission may
prescribe, unless the Commission determines that the imposition of
such suspension, denial of registration or reregistration, or
market bar is not required to protect the public interest. The
Commission may upon petition later review such disqualification
and market bar and for good cause shown reduce the period
thereof.";
(3) amending subsection (c) by adding at the end thereof the
following: " A person convicted under this subsection of
knowingly violating the provisions of section 4a
// 7 USC 6a. //
shall be suspended from any registration under this Act, denied
registration or reregistration for a period of two years or such
longer period as the Commission shall determine, and barred from
using or participating in any manner in any market regulated by
the Commission for two years or such longer period as the
Commission shall determine on such terms and conditions as the
Commission may prescribe, unless the Commission determines that
the imposition of such suspension, denial of registration or
reregistration, or market bar is not required to protect the
public interest. The Commission may upon petition later review
such disqualification and market bar and for good cause shown
reduce the period thereof.";
(4) amending subsection (d) to read as follows:
"(d) It shall be a felony punishable by a fine of not more than
$100,000 or imprisonment for not more than five years, or both, together
with the costs of prosecution, for any Commissioner of the Commission or
any employee or agent thereof, to participate, directly or indirectly,
in any transaction in commodity futures or any transaction of the
character of or which is commonly known to the trade as an 'option',
'privilege', 'indemnity', 'bid', 'offer', 'put', 'call', 'advance
guarantee', or 'decline guaranty', or any transaction for the delivery
of any commodity under a standardized contract commonly known to the
trade as a margin account, margin contract, leverage account, or
leverage contract, or under any contract, account, arrangement, scheme,
or device that the Commission determines serves the same function or
functions as such a standarized contract, or is marketed or managed in
substantially the same manner as such a standardized contract, or for
any such person to participate, directly or indirectly, in any
investment transaction in an actual commodity. Such prohibition against
any investment transaction in an actual commodity shall not apply to (1)
a transaction in which such person buys an agricultural commodity or
livestock for use in such person's own farming or ranching operations or
sells an agricultural commodity which such person has produced in
connection with such person's own farming or ranching operations nor to
any transaction in which such person sells livestock owned by such
person for at least three months, (2) a transaction entered into by the
trustee of a trust established by such person over which such person
exercises no control if such transaction is entered into solely to hedge
against adverse price changes in connection with such farming or
ranching operations or is a transaction for the lease of oil or gas or
other mineral rights or interests owned by such person, or (3) a
transaction in which such person buys or sells, directly or indirectly
(except by means of an instrument regulated by the Commission), a United
States Government security, a certificate of deposit, or a similar
financial instrument if no nonpublic information is used by such person
in such transaction. With respect to such excepted transactions, the
Commission shall require any Commissioner of the Commission or any
employee or agent thereof who participates in any such transaction to
notify the Commission thereof in accordance with such regulations as the
Commission shall prescribe and the Commission shall make such
information available to the public."; and
(5) inserting after the words "'decline guaranty'" each place
they appear in subsection (e) the following: ", or in any
transaction for the delivery of any commodity under a standardized
contract commonly known to the trade as a margin account, margin
contract, leverage account, or leverage contract, or under any
contract, account, arrangement, scheme, or device that the
Commission determines serves the same function or functions as
such a standardized contract, or is marketed or managed in
substantially the same manner as such a standardized contract".
Sec. 228. Section 12(d) of the Commodity Exchange Act (7 U.S.C. 16(
d)) is amended to read as follows:
"(d) There are hereby authorized to be appropriated to carry out the
provisions of this Act such sums as may be required for each of the
fiscal years during the period beginning October 1, 1982, and ending
September 30, 1986.".
Sec. 229. Section 12 of the Commodity Exchange Act (7 U.S.C. 16) is
amended by adding at the end thereof the following new subsection:
"(e) Nothing in this Act shall supersede or preempt--,
"(1) criminal prosecution under any Federal criminal statute;
"(2) the application of any Federal or State statute, including
any rule or regulation thereunder, to any transaction in or
involving any commodity, product, right, service, or interest (A)
that is not conducted on or subject to the rules of a contract
market, or (B) (except as otherwise specified by the Commission by
rule or regulation) that is not conducted on or subject to the
rules of any board of trade, exchange, or market located outside
the United States, its territories or possessions, or (C) that is
not subject to regulation by the Commission under section 4c or 19
of this Act; or
"(3) the application of any Federal or State statute, including
any rule or regulation thereunder, to any person required to be
registered or designated under this Act // 7 USC 6c, 23. //
who shall fail or refuse to obtain such registration or
designation.
The Commission may refer any transaction or matter subject to such other
Federal or State statutes to any department or agency administering such
statutes for such investigation, action, or proceedings as that
department or agency shall deem appropriate.".
Sec. 230. Section 13 of the Commodity Exchange Act (7 U.S.C. 13c) is
amended by--,
(1) striking out "in administrative proceedings under this Act"
in subsection (a);
(2) redesignating subsection (b) as subsection (c); and
(3) inserting a new subsection (b) to read as follows:
"(b) Any person who, directly or indirectly, controls any person who
has violated any provision of this Act or any of the rules, regulations,
or orders issued pursuant to this Act may be held liable for such
violation in any action brought by the Commission to the same extent as
such controlled person. In such action, the Commission has the burden
of proving that the controlling person did not act in good faith or
knowingly induced, directly or indirectly, the act or acts constituting
the violation.".
Sec. 231. Section 14 of the Commodity Exchange Act (7 U.S.C. 18) is
amended by--,
(1) amending subsection (a) to read as follows:
"(a) Any person complaining of any violation of any provision of this
Act, or any rule, regulation, or order issued pursuant to this Act, by
any person who is registered under this Act may, at any time within two
years after the cause of action accrues, apply to the Commission for an
order awarding actual damages proximately caused by such violation.";
(2) amending subsection (b) to read as follows:
"(b) The Commission may promulgate such rules, regulations, and
orders as it deems necessary or appropriate for the efficient and
expeditious administration of this section. Notwithstanding any other
provision of law, such rules, regulations, and orders may prescribe, or
otherwise condition, without limitation, the form, filing, and service
of pleadings or orders, the nature and scope of discovery,
counterclaims, motion practice (including the grounds for dismissal of
any claim or counterclaim), hearings (including the waiver thereof,
which may relate to the amount in controversy), rights of appeal, if
any, and all other matters governing proceedings before the Commission
under this section.";
(3) striking out subsections (c) and (e);
(4) redesignating subsections (d), (f), (g), (h), and (i) as
(c), (d), (e), (f), and (g), respectively;
(5) striking out "subsection (g)" in subsection (d), as so
redesignated, and inserting in lieu thereof "subsection (e)"; and
(6) amending subsection (f), as so redesignated, to read as
follows:
"(f) Unless the party against whom a reparation order has been issued
shows to the satisfaction of the Commission within fifteen days from the
expiration of the period allowed for compliance with such order that
either an appeal as herein authorized has been taken or payment of the
full amount of the order (or any agreed settlement thereof) has been
made, such party shall be prohibited automatically from trading on all
contract markets and, if the party is registered with the Commission,
such registration shall be suspended automatically at the expiration of
such fifteen-day period until such party shows to the satisfaction of
the Commission that payment of such amount with interest thereon to date
of payment has been made: Provided, That if on appeal the appellee
prevails or if the appeal is dismissed, the automatic prohibition
against trading and suspension of registration shall become effective at
the expiration of thirty days from the date of judgment on the appeal,
but if the judgment is stayed by a court of competent jurisdiction, the
suspension shall become effective ten days after the expiration of such
stay, unless prior thereto the judgment of the court has been
satisfied.".
Sec. 232. Section 16(d) of the Commodity Exchange Act (7 U.S.C. 20(
d)) is amended by inserting "or market positions" after "transactions".
Sec. 233. Section 17 of the Commodity Exchange Act (7 U.S.C. 21) is
amended by--,
(1) amending subsection (b)(4)(E) by inserting before the
period at the end thereof the following: ", which may require the
applicant to be fingerprinted and to submit, or cause to be
submitted, such fingerprints to the Attorney General for
identification and appropriate processing. Notwithstanding any
other provision of law, such an association may receive from the
Attorney General all the results of such identification and
processing";
(2) striking out "section 8a(4)" in subsection (d) and
inserting in lieu thereof "section 8a(1)";
(3) striking out "subsection (k)" in subsection (h) and
inserting in lieu thereof "subsection (i)";
(4) striking out the last sentence in subsection (j) and
inserting in lieu thereof the following: " A registered futures
association shall submit to the Commission any change in or
addition to its rules and may make such rules effective ten days
after receipt of such submission by the Commission unless, within
the ten-day period, the registered futures association requests
review and approval thereof by the Commission or the Commission
notifies such registered futures association in writing of its
determination to review such rules for approval. The Commission
shall approve such rules within thirty days of their receipt if
Commission approval is requested under this subsection or within
thirty days after the Commission determines to review for approval
any other rules unless the Commission notifies the registered
futures association of its inability to complete such approval or
review within such period of time. The Commission shall approve
such rules if such rules are determined by the Commission to be
consistent with the requirements of this section and not otherwise
in violation of this Act or the regulations issued pursuant to
this Act, and the Commission shall disapprove, after appropriate
notice and opportunity for hearing, any such rule which the
Commission determines at any time to be inconsistent with the
requirements of this section or in violation of this Act or the
regulations issued pursuant to this Act. If the Commission does
not approve or institute disapproval proceedings with respect to
any rule within one hundred and eighty days after receipt or
within such longer period of time as the registered futures
association may agree to, or if the Commission does not conclude a
disapproval proceeding with respect to any rule within one year
after receipt or within such longer period as the registered
futures association may agree to, such rule may be made effective
by the registered futures association until such time as the
Commission disapproves such rule in accordance with this
subsection.";
(5) adding at the end thereof the following new subsections:
"(o)(1) The Commission may require any futures association registered
pursuant to this section to perform any portion of the registration
functions under this Act with respect to each member of the association
other than a contract market and with respect to each associated person
of such member, in accordance with rules, notwithstanding any other
provision of law, adopted by such futures association and submitted to
the Commission pursuant to section 17(j) of this Act, and subject to the
provisions of this Act // 7 USC 21. // applicable to registrations
granted by the Commission.
"(2) In performing any Commission registration function authorized by
the Commission under section 8a(10), this section, // 7 USC 12a. // or
any other applicable provisions of this Act, a futures association may
issue orders (A) to refuse to register any person, (B) to register
conditionally any person, (C) to suspend the registration of any person,
(D) to place restrictions on the registration of any person, or (E) to
revoke the registration of any person. If such an order is the final
decision of the futures association, any person against whom the order
has been issued may petition the Commission to review the decision. The
Commission may on its own initiative or upon petition decline review or
grant review and affirm, set aside, or modify such an order of the
futures association; and the findings of the futures association as to
the facts, if supported by the weight of the evidence, shall be
conclusive. Unless the Commission grants review under this section of
an order concerning registration issued by a futures association, the
order of the futures association shall be considered to be an order
issued by the Commission.
"(3) Nothing in this section shall affect the Commission's authority
to review the granting of a registration application by a registered
futures association that is performing any Commission registration
function authorized by the Commission under section 8a(10), this
section, or any other applicable provision of this Act.
"(4) If a person against whom a futures association has issued a
registration order under this subsection petitions the Commission to
review that order and the Commission declines to take review, such
person may file a petition for review with a United States court of
appeals, in accordance with section 6(b) of this Act. // 7 USC 9. //
"(p) Notwithstanding any other provision of this section, each
futures association registered under this section on the date of
enactment of the Futures Trading Act of 1982, shall adopt and submit for
Commission approval not later than ninety days after such date of
enactment, and each futures association that applies for registration
after such date shall adopt and include with its application for
registration, rules of the association that require the association
to--,
"(1) establish training standards and proficiency testing for
persons involved in the solicitation of transactions subject to
the provisions of this Act, supervisors of such persons, and all
persons for which it has registration responsibilities, and a
program to audit and enforce compliance with such standards;
"(2) establish minimum capital, segregation, and other
financial requirements applicable to its members for which such
requirements are imposed by the Commission and implement a program
to audit and enforce compliance with such requirements, except
that such requirements may not be less stringent than those
imposed on such firms by this Act or by Commission regulation;
and
"(3) establish minimum standards governing the sales practices
of its members and persons associated therewith for transactions
subject to the provisions of this Act.
"(q) Each futures association registered under this section shall
develop a comprehensive program that fully implements the rules approved
by the Commission under this section as soon as practicable but not
later than September 30, 1985, in the case of any futures association
registered on the date of enactment of the Futures Trading Act of 1982,
and not later than two and one-half years after the date of registration
in the case of any other futures association registered under this
section.".
Sec. 234. Section 19 of the Commodity Exchange Act (7 U.S.C. 23) is
amended by--,
(1) amending subsection (c) to read as follows:
"(c) The Commission shall regulate any transactions under a
standardized contract described in subsection (a) of this section
involving commodities described in subsection (b) of this section or any
other commodities (except those commodities described in subsection (a)
of this section) under such terms and conditions as the Commission shall
prescribe by rule, regulation, or order made only after notice and
opportunity for a hearing. The Commission may set different terms and
conditions for such transactions involving different commodities.
Notwithstanding any other provision of this section, the Commission may
prohibit any transaction for the delivery of any commodity under a
standardized contract described in subsection (a) of this section that
is not permitted by the rules, regulations and orders of the Commission
in effect on December 9, 1982, if the Commission determines that any
such transactions would be contrary to the public interest."; and
(2) striking out subsection (d).
Sec. 235. The Commodity Exchange Act is amended by adding at the end
thereof the following new section:
" Sec. 22. // 7 USC 25. // (a)(1) Any person (other than a contract
market, clearing organization of a contract market, licensed board of
trade, or registered futures association) who violates this Act or who
willfully aids, abets, counsels, induces, or procures the commission of
a violation of this Act shall be liable for actual damages resulting
from one or more of the transactions referred to in clauses (A) through
(D) of this paragraph and caused by such violation to any other
person--,
"(A) who received trading advice from such person for a fee;
"(B) who made through such person any contract of sale of any
commodity for future delivery (or option on such contract or any
commodity); or who deposited with or paid to such person money,
securities, or property (or incurred debt in lieu thereof) in
connection with any order to make such contract;
"(C) who purchased from or sold to such person or placed
through such person an order for the purchase or sale of--,
// 7 USC 6c. //
(other than
an option purchased or sold on a contract market or
other
board of trade);
// 7 USC 23. //
or
"(D) who purchased or sold a contract referred to in clause (B)
hereof if the violation constitutes a manipulation of the price of
any such contract or the price of the commodity underlying such
contract.
"(2) Except as provided in subsection (b), the rights of action
authorized by this subsection and by sections 5a(11), 14, and 17b(10) of
this Act // 7 USC 7a. // shall be the exclusive remedies under this Act
available to any person who sustains loss as a result of any alleged
violation of this Act. Nothing in this subsection shall limit or
abridge the rights of the parties to agree in advance of a dispute upon
any forum for resolving claims under this section, including
arbitration.
"(b)(1)(A) A contract market or clearing organization of a contract
market that fails to enforce any bylaw, rule, regulation, or resolution
that it is required to enforce by section 5a(8) and section 5a(9) of
this Act, (B) a licensed board of trade that fails to enforce any bylaw,
rule, regulation, or resolution that it is required to enforce by the
Commission, or (C) any contract market, clearing organization of a
contract market, or licensed board of trade that in enforcing any such
bylaw, rule, regulation, or resolution violates this Act or any
Commission rule, regulation, or order, shall be liable for actual
damages sustained by a person who engaged in any transaction on or
subject to the rules of such contract market or licensed board of trade
to the extent of such person's actual losses that resulted from such
transaction and were caused by such failure to enforce or enforcement of
such bylaws, rules, regulations, or resolutions.
"(2) A registered futures association that fails to enforce any bylaw
or rule that is required under section 17 of this Act // 7 USC 21. //
or in enforcing any such bylaw or rule violates this Act or any
Commission rule, regulation, or order shall be liable for actual damages
sustained by a person that engaged in any transaction specified in
subsection (a) of this section to the extent of such person's actual
losses that resulted from such transaction and were caused by such
failure to enforce or enforcement of such bylaw or rule.
"(3) Any individual who, in the capacity as an officer, director,
governor, committee member, or employee of a contract market, clearing
organization, licensed board of trade, or a registered futures
association willfully aids, abets, counsels, induces, or procures any
failure by any such entity to enforce (or any violation of the Act in
enforcing) any bylaw, rule, regulation, or resolution referred to in
paragraph (1) or (2) of this subsection, shall be liable for actual
damages sustained by a person who engaged in any transaction specified
in subsection (a) of this section on, or subject to the rules of, such
contract market, licensed board of trade or, in the case of an officer,
director, governor, committee member, or employee of a registered
futures association, any transaction specified in subsection (a) of this
section, in either case to the extent of such person's actual losses
that resulted from such transaction and were caused by such failure or
violation.
"(4) A person seeking to enforce liability under this section must
establish that the contract market, licensed board of trade, clearing
organization, registered futures association, officer, director,
governor, committee member, or employee acted in bad faith in failing to
take action or in taking such action as was taken, and that such failure
or action caused the loss.
"(5) The rights of action authorized by this subsection shall be the
exclusive remedy under this Act available to any person who sustains a
loss as a result of (A) the alleged failure by a contract market,
licensed board of trade, clearing organization, or registered futures
association or by any officer, director, governor, committee member, or
employee to enforce any bylaw, rule, regulation, or resolution referred
to in paragraph (1) or (2) of this subsection, or (B) the taking of
action in enforcing any bylaw, rule, regulation, or resolution referred
to in this subsection that is alleged to have violated this Act, or any
Commission rule, regulation, or order.
"(c) The United States district courts shall have exclusive
jurisdiction of actions brought under this section. Any such action
must be brought within two years after the date the cause of action
accrued.
"(d) The provisions of this section shall become effective with
respect to causes of action accruing on or after the date of enactment
of the Futures Trading Act of 1982: Provided, That the enactment of the
Futures Trading Act of 1982 shall not affect any right of any parties
which may exist with respect to causes of action accruing prior to such
date.".
Sec. 236. The Commodity Exchange Act is amended by adding at the end
thereof the following new section:
" Sec. 23. // 7 USC 26. // (a)(1) The Board of Governors of the
Federal Reserve System, the Commission, and the Securities and Exchange
Commission, with assistance from the Secretary of the Treasury, shall
conduct a study of the effects on the economy of trading in contracts of
sale of commodities for future delivery and in options (including
options on commodities, options on contracts of sale of commodities for
future delivery, options on foreign currencies, and options on
securities, including exempted securities or on any group or index of
securities). The agencies participating in the study may select
representative futures contracts and options contracts and
representative periods of time for detailed study.
"(2) The Board of Governors of the Federal Reserve System shall
organize the study and shall do so in such manner that the total cost to
all participating agencies of conducting the study is not more than
$3,000,000. To the extent possible, such agencies shall use data which
are readily available to them.
"(3) among the areas to be studied are--,
"(A) the effects, if any, that trading in such instruments has
on the formation of real capital in the economy (particularly that
of a long-term nature) and the structure of liquidity in credit
markets;
"(B) the economic purposes, if any, served by the trading of
such instruments;
"(C) the sufficiency of the public policy tools available to
regulate such trading activity to avoid harmful economic effects
in the markets for such instruments, the underlying cash markets,
and related financial markets;
"(D) the adequacy of investor protections afforded to
participants in the markets for such instruments; and
"(E) the extent to which such instrument may be utilized to
manipulate, or profit from the manipulation of, the markets for
evidences of indebtedness, foreign currency, and securities.
"(4) The Commission shall have primary responsibility for selecting
and studying the instruments under its jurisdiction, and the Securities
and Exchange Commission shall have primary responsibility for selecting
and studying the instruments under its jurisdiction.
"(5) The Board of Governors of the Federal Reserve System shall
review, and may supplement with its own analyses, the studies conducted
under this subsection by the Commission and the Securities and Exchange
Commission. The Board of Governors, after consultation with the
Commission and the Securities and Exchange Commission, shall, not later
than September 30, 1984, submit to Congress a report comprised of such
studies, together with any supplementation and recommendations for
legislative or regulatory action proposed by the participants.
"(b)(1) The Commission shall conduct at a cost of not more than
$200,000 a study of (A) the nature, extent, and effects of trading in
representative futures markets by persons possessing material
information not generally available to the public regarding present or
anticipated cash or futures transactions (to which such persons are not
parties) in any commodity, and (B) the adequacy of the Commission's
authority to prevent market and customer abuses resulting from the
possession of such nonpublic information.
"(2) To the extent possible, the Commission shall use data which are
readily available to it in conducting the study. The Commission shall,
not later than September 30, 1984, transmit to the Committee on
Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report describing
the results of the study and including any recommendations for
legislative action.".
Sec. 237. Section 26 of the Futures Trading Act of 1978 (92 Stat.
877) // 7 USC 16a. // is amended by--,
(1) inserting "(a)" immediately following the section
designation; and
(2) adding at the end thereof the following new subsections:
"(b) The Commodity Futures Trading Commission shall submit to
Congress a report containing the results of a study of the regulatory
experience of the National Futures Association for the period beginning
January 1, 1983 and ending September 30, 1985. The report shall be
submitted not later than January 1, 1986. The report shall include (but
not to be limited to) the following--,
"(1) the extent to which the National Futures Association has
fully implemented the program provided in the rules approved by
the Commission under section 17 (p) and (q) of the Commodity
Exchange Act
// 7 USC 21. //
and the effectiveness of the operation of such program;
"(2) the actual and projected cost savings to the Federal
Government, if any, resulting from operations of the National
Futures Association;
"(3) the actual and projected costs which the Commission and
the public would have incurred if the Association had not
undertaken self-regulatory responsibility for certain areas under
the Commission's jurisdiction;
"(4) problem areas, if any, encountered by the Association;
"(5) the nature of the working relationship between the
Association and the Commission;
"(6) an assessment of the actual and projected efficiencies the
Commission has achieved or expects to be achieved as a result of
the continuing regulatory activities of the Association; and
"(7) the immediate and projected capabilities of the Commission
at the time of submission of the study to turn its attention to
more immediate problems of regulation, as a result of the
activities of the Association.
"(c) Nothing in this section shall limit the authority of the
Commission to promulgate, after notice and opportunity for hearing, a
schedule of appropriate fees to be charged for services rendered and
activities and functions performed by the Commission in conjunction with
its administration and enforcement of the Commodity Exchange Act: // 7
USC 1. // Provided, That the fees for any specified service or activity
or function shall not exceed the actual cost thereof to the
Commission.".
Sec. 238. Section 812 of the Agricultural Act of 1970 (7 U.S.C.
612c-3) is amended by adding at the end thereof the following new
sentence: " Notwithstanding any other provision of law, the President
shall not prohibit or curtail the export of any agricultural commodity
or the products thereof under an export sales contract (1) entered into
before the President announces an action that would otherwise prohibit
or curtail the export of the commodity or products thereof, (2) the
terms of which require delivery of the commodity or products thereof
within two hundred and seventy days after the date the suspension of
trade is imposed, except that the President may prohibit or curtail the
export of any commodity or the products thereof during a period for
which the President has declared a national emergency or for which
Congress has declared war.".
Sec. 239. This Act // 7 USC 2. // shall be effective upon the date
of enactment of this Act, except that sections 207, 212, and 231 of this
Act shall be effective one hundred and twenty days after the date of
enactment of this Act, or such earlier date as the Commodity Futures
Trading Commission shall prescribe by regulation.
Approved January 11, 1983.
LEGISLATIVE HISTORY-H.R. 5447:
HOUSE REPORTS: No. 97 - 565 Pt. I (Comm. on Agriculture), No. 97 -
565 Pt. 2 (Comm. on Energy and Commerce) and No. 97 - 964 (Comm. of
Conference).
CONGRESSIONAL RECORD, Vol. 128 (1982):
Sept. 23, considered and passed House.
Oct. 1, considered and passed Senate, amended.
Dec. 15, Senate agreed to conference report.
Dec. 16, House agreed to conference report.
PUBLIC LAW 97-443, 96 STAT. 2293
March 19, 1983, as " National
Children and Television Week".
Whereas television can create an intellectual and emotional
environment which can play a decisive role in shaping individual
development and perception;
Whereas parents and other adults should be able to look to television
to provide children with true pictures of the world and positive models
for behavior;
Whereas many dedicated groups and individuals strive to improve the
quality of television programing viewed by children and their families;
and
Whereas this Nation has a continuing responsibility to provide
appropriate, stimulating programing for children and adolescents: Now,
therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the week of March 13,
1983, through March 19, 1983, is designated as " National Children and
Television Week" and the President of the United States is authorized
and requested to issue a proclamation calling upon all government
agencies and the people of the United States to observe the week with
appropriate activities supporting television programs which are
attentive to the needs and interests of children.
Approved January 8, 1983.
LEGISLATIVE HISTORY--S.J. Res. 264:
CONGRESSIONAL RECORD, Vol. 128 (1982):
Dec. 3, considered and passed Senate.
Dec. 21, considered and passed House.
PUBLIC LAW 97-442, 96 STAT. 2292
week of January 16, 1983,
through January 22, 1983, as " National Jaycee Week".
Whereas the Jaycee idea began with a handful of young men in Saint
Louis, Missouri, sixty-three years ago;
Whereas the Jaycee idea embraces today approximately three hundred
thousand members in seven thousand five hundred American communities
that have chapters in the United States Jaycees;
Whereas the Jaycee idea enriches the lives of communities around the
world through affiliation in Jaycees International;
Whereas the Jaycees organization retains a youthful outlook, even in
its maturity, and continues to build on the individual member, even with
its global scope--first, helping him be the best man he can be, then
helping him help his fellow man in need, one to one;
Whereas a Jaycee cares about people, and he shows it;
Whereas a Jaycee cares about progress, and he does something about
it;
Whereas a Jaycee lives by the creed that "service to humanity is the
best work of life", and throws himself into that work both in his
vocation and avocation;
Whereas a Jaycee is the kind of young man this country will need in
great numbers to help meet the challenges of our times and the coming
century; and
Whereas it is fitting that we should give special recognition and
encouragement to the Jaycee and his organization: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the President is
authorized and requested to issue a proclamation designating the week of
January 16, 1983, through January 22, 1983, as " National Jaycee Week",
and calling upon all Government agencies and people of the United States
to observe the week with appropriate programs, ceremonies, and
activities.
Approved January 8, 1983.
LEGISLATIVE HISTORY--S.J. Res. 240:
CONGRESSIONAL RECORD, Vol. 128 (1982):
Dec. 8, considered and passed Senate.
Dec. 21, considered and passed House.
PUBLIC LAW 97-441, 96 STAT. 2291
Whereas more than half of the students in this Nation's senior high
schools are involved in at least one extracurricular activity;
Whereas this "other half of education" plans a significant role in
the total educational development of high school students;
Whereas participation in activities such as athletics, speech, music,
debate, drama, and others generally leads to positive development for
all and often leads to superior achievement;
Whereas participation and achievement in those areas often contribute
to increased interest and performance in strictly academic areas;
Whereas both academic and extracurricular achievement contribute
greatly to the social development and ineraction of all high school
students;
Whereas that development directly benefits local communities by
channeling young people's interests and talents into positive efforts,
and by instilling in them an early sense of civic duty and community
pride;
Whereas former President Gerald R. Ford has agreed to act as honorary
national chairman of the effort to recognize the important role of
extracurricular activities in this Nation's high schools: Now,
therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the President should
designate the week of October 17 through October 23, 1982, as " National
High School Activities Week", in recognition of the valuable
contribution that such programs make in developing the interests and
talents of young people at the community level.
Approved January 8, 1983.
LEGISLATIVE HISTORY--S.J. Res. 101:
CONGRESSIONAL RECORD, Vol. 127 (1981):
Vol. 127 (1981): Sept. 16, considered and passed Senate.
Sept. 21, considered and passed House, amended.
Vol. 128 (1982): Dec. 16, Senate concurred in House amendment.
PUBLIC LAW 97-440, 96 STAT. 2289
allow modifications of certain
effluent limitations relating to biochemical oxygen
demand and p H.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 301 of the
Federal Water Pollution Control Act // 33 USC 1311. // is amended by
adding at the end thereof the following new subsection:
"(m)(1) The Administrator, with the concurrence of the State, may
issue a permit under section 402 // 33 USC 1342. // which modifies the
requirements of subsections (b)(1)(A) and (b)(2)(E) of this section, and
of section 403 // 33 USC 1343. // with respect to effluent limitations
to the extent such limitations relate to biochemical oxygen demand and p
H from discharges by an industrial discharger in such State into deep
waters of the territorial seas, if the applicant demonstrates and the
Administrator finds that--,
"(A) the facility for which modification is sought is covered
at the time of the enactment of this subsection by National
Pollutant Discharge Elimination System permit number CA0005894 or
CA0005282;
"(B) the energy and environmental costs of meeting such
requirements of subsections (b)(1)(A) and (b)(2)(E) and section
403 exceed by an unreasonable amount the benefits to be obtained,
including the objectives of this Act;
"(C) the applicant has established a system for monitoring the
impact of such discharges on a representative sample of aquatic
biota;
"(D) such modified requirements will not result in any
additional requirements on any other point or nonpoint source;
"(E) there will be no new or substantially increased discharges
from the point source of the pollutant to which the modification
applies above that volume of discharge specified in the permit;
"(F) the discharge is into waters where there is strong tidal
movement and other hydrological and geological characteristics
which are necessary to allow compliance with this subsection and
section 101(a)(2) of this Act;
// 33 USC 1251. //
"(G) the applicant accepts as a condition to the permit a
contractural obligation to use funds in the amount required (but
not less than $250,000 per year for ten years) for research and
development of water pollution control technology, including but
not limited to closed cycle technology;
"(H) the facts and circumstances present a unique situation
which, if relief is granted, will not establish a precedent or the
relaxation of the requirements of this Act applicable to similarly
situated discharges; and
"(I) no owner or operator of a facility comparable to that of
the applicant situated in the United States has demonstrated that
it would be put at a competitive disadvantage to the applicant (or
the parent company or any subsidiary thereof) as a result of the
issuance of a permit under this subsection.
"(2) The effluent limitations established under a permit issued under
paragraph (1) shall be sufficient to implement the applicable State
water quality standards, to assure the protection of public water
supplies and protection and propagation of a balanced, indigenous
population of shellfish, fish, fauna, wildlife, and other aquatic
organisms, and to allow recreational activities in and on the water. In
setting such limitations, the Administrator shall take into account any
seasonal variations and the need for an adequate margin of safety,
considering the lack of essential knowledge concerning the relationship
between effluent limitations and water quality and the lack of essential
knowledge of the effects of discharges on beneficial uses of the
receiving waters.
"(3) A permit under this subsection may be issued for a period not to
exceed five years, and such a permit may be renewed for one additional
period not to exceed five years upon a demonstration by the applicant
and a finding by the Administrator at the time of application for any
such renewal that the provisions of this subsection are met.
"(4) The Administrator may terminate a permit issued under this
subsection if the Administrator determines that there has been a decline
in ambient water quality of the receiving waters during the period of
the permit even if a direct cause and effect relationship cannot be
shown: Provided, That if the effluent from a source with a permit
issued under this subsection is contributing to a decline in ambient
water quality of the receiving waters, the Administrator shall terminate
such permit.".
Approved January 8, 1983.
LEGISLATIVE HISTORY--H.R. 7159:
HOUSE REPORT No. 97 - 868 (Comm. on Public Works and Transportation).
SENATE REPORT No. 97 - 686 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD, Vol. 128 (1982):
Sept. 29, considered and passed House.
Dec. 19, considered and passed Senate, amended.
Dec. 20, House concurred in Senate amendment.
PUBLIC LAW 97-439, 96 STAT. 2287, FEDERAL SEED ACT AMENDMENTS OF 1982
prohibitions relating to interstate
commerce in seed mixtures intended for lawn and turf
purposes and prohibitions
relating to importation of certain seeds, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1. This Act // 7 USC 1551. // may be cited as the " Federal
Seed Act Amendments of 1982".
Sec. 2. (a) The matter preceding clause (1) of section 201(a) of the
Federal Seed Act (7 U.S.C. 1571(a)) is amended by striking out ", except
as provided in paragraph (j) of this section for seed mixtures intended
for lawn and turf purposes,".
(b) Section 201(a)(1) of such Act (7 U.S.C. 1571(a)(1)) is amended
by--,
(1) inserting "(A), except with respect to seed mixtures
intended for lawn and turf purposes," after " Provided, That";
(2) striking out ": And provided further, That", and inserting
in lieu thereof ",(B)"; and
(3) inserting before the semicolon at the end thereof the
following: ", and (C) seed mixtures intended for lawn and turf
purposes shall be designated as a mixture on the label and each
seed component shall be listed on the label in the order of
predominance".
(c) Section 201(j) of such Act (7 U.S.C. 1571(j)) is repealed.
Sec. 3. Section 201(a)(8) of the Federal Seed Act (7 U.S.C. 1571(
a)(8)) is amended by inserting before the semicolon at the end thereof
the following: ", except that, in the case of a seed mixture, it is
only necessary to state the calendar month and year of such test for the
kind or variety or type of agricultural seed contained in such mixture
which has the oldest calendar month and year test date among the test
conducted on all the kinds or varieties or types of agricultural seed
contained in such mixture".
Sec. 4. Section 201(c) of the Federal Seed Act (7 U.S.C. 1571(c)) is
amended by--,
(1) striking out "(a)" and inserting "(1)" in lieu thereof;
(2) striking out "(b)" and inserting "(2)" in lieu thereof;
(3) inserting "(A)" after "which" in clause (2) as redesignated
by this section; and
(4) adding before the period at the end thereof the following:
"; or (B) the Secretary finds will maintain a percentage of
germination within the limits of tolerance established under this
Act under ordinary conditions of handling".
Sec. 5. (a)(1) Section 101(a)(8) of the Federal Seed Act (7 U.S.C
1561(a)(8)) is amended by--,
(A) striking out subparagraph (B);
(B) striking out "(A)";
(C) striking out "(i)" and inserting in lieu thereof "(A)";
and
(D) striking out "(ii)" and inserting in lieu thereof "(B)".
(2) Section 101(a) of such Act (7 U.S.C. 1561(a)) is amended by
striking out paragraph (17) and redesignating paragraphs (18) through
(25) as paragraphs (17) through (24), respectively.
(b)(1) Section 301(a)(1) of such Act (7 U.S.C. 1581(a)(1)) is amended
by striking out "any seed containing 10 per centum or more of any
agricultural or vegetable seeds if any such seed is adulterated or unfit
for seeding purposes" and inserting in lieu thereof "any agricultural or
vegetable seeds if any such seed contains noxiousweed seeds".
(2) Section 302(a) of such Act (7 U.S.C. 1582(a)) is amended by
striking out the second sentence.
(3) Section 302(d) of such Act (7 U.S.C. 1582(d)) is amended by--,
(A) striking out "that is adulterated or unfit for seeding
purposes" in the matter preceding clause (1); and
(B) striking out clause (3).
(4) Sections 303 and 304 of such Act (7 U.S.C. 1583 and 1584) are
repealed and sections 305 and 306 of such Act (7 U.S.C. 1585 and 1586)
are redesignated as sections 303 and 304, respectively.
Approved January 8, 1983.
LEGISLATIVE HISTORY--H.R. 7005:
CONGRESSIONAL RECORD, Vol. 128 (1982):
Sept. 28, considered and passed House.
Dec. 21, considered and passed Senate.
PUBLIC LAW 97-438, 96 STAT. 2286
for an additional year the
Agricultural and Productive Credit and Self-Help
Community Development
Programs.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 222 A(h) of
the Foreign Assistance Act of 1961 // 22 USC 2182a. // is amended by
striking out " September 30, 1982" and inserting in lieu thereof "
September 30, 1983".
Approved January 8, 1983.
LEGISLATIVE HISTORY -- h.r. 7143:
CONGRESSIONAL RECORD, Vol. 128 (1982):
Sept. 28, considered and passed House.
Dec. 20, considered and passed Senate.
PUBLIC LAW 97-437, 96 STAT. 2285
interns of the Internal
Revenue Service to have access to certain information
required by such students in
the performance of their official duties.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 3111(c) of
title 5, United States Code, is amended--,
(1) by striking out "(c) Any" and inserting in lieu thereof
"(c)(1) Except as provided in paragraph (2) any"; and
(2) by adding at the end thereof the following new paragraph:
"(2) In addition to being considered a Federal employee for the
purposes specified in paragraph (1), any student who provides voluntary
service as part of a program established under subsection (b) of this
section in the Internal Revenue Service, Department of the Treasury,
shall be considered an employee of the Department of the Treasury for
purposes of--,
"(A) section 552a of this title (relating to disclosure of
records);
"(B) subsections (a)(1), (h)(1), (k)(6), and (1)(4) of section
6103 of title 26 (relating to confidentiality and disclosure of
returns and return information);
"(C) sections 7213(a)(1) and 7431 of title 26 (relating to
unauthorized disclosures of returns and return information by
Federal employees and other persons); and
"(D) section 7423 of title 26 (relating to suits against
employees of the United States);
except that returns and return information (as defined in section 6103(
b) of title 26) shall be made available to students under such program
only to the extent that the Secretary of the Treasury or his designee
determines that the duties assigned to such students so require.".
Approved January 8, 1983
LEGISLATIVE HISTORY--H.R. 6519:
CONGRESSIONAL RECORD, Vol. 128 (1982):
Dec. 13, considered and passed House.
Dec. 23, considered and passed Senate.
PUBLIC LAW 97-436, 96 STAT. 2283
judgment funds awarded in docket
numbered 198 before the Indian Claims Commission,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That notwithstanding any
provision of the Act approved October 19, 1973 (25 U.S.C. 1401 et seq.),
any other law, and any regulation or plan promulgated pursuant to such
Act or any other law, the funds appropriated by the Act approved January
3, 1974 (87 Stat. 1071), for the award to the Confederated Tribes of the
Warm Springs Reservation in docket numbered 198 before the Indian Claims
Commission, including all interest and investment income accrued, less
attorney fees and litigation expenses, shall be distributed in
accordance with section 2 of this Act.
Sec. 2. The Secretary of the Interior (hereinafter in this Act
referred to as the " Secretary") shall distribute the funds referred to
in the first section of this Act to the individuals enrolled by the
Secretary under section 3 of this Act on a per capita basis in the
following manner:
(1) The per capita share of a living competent individual who
has attained the age of eighteen shall be paid directly to such
individual.
(2) The per capita shares of deceased individual beneficiaries
shall be determined and distributed in accordance with 43 CFR part
4, subpart D. In the event an individual dies intestate without
heirs, the per capita share of the individual shall escheat to the
Confederated Tribes of the Warm Springs Reservation.
(3) The per capita share of an individual under the age of
eighteen or an individual determined by the Secretary to be
incompetent to handle his own affairs shall be (A) distributed in
accordance with such procedures as the Secretary determines to be
necessary to protect the interests of such individual, or (B) in
the discretion of the Secretary, held in trust for the benefit of
such individual.
Sec. 3. The Secretary shall prepare, under such procedures as he may
establish by regulation, a roll of all members of the Confederated
Tribes of the Warm Springs Reservation who--,
(1) were born on or prior to, and were alive on, the date of
enactment of this Act, but also including deceased persons who
were alive and enrolled as of February 18, 1975, and,
(2) have not participated in--,
Stat.
563),
// 25 USC 1011 - 1015. //
seq.), or
The determination of the Secretary regarding the eligibility for
enrollment under this section of any individual shall be final.
Sec. 4. (a) None of the funds distributed by the Secretary under
section 2 of this Act (or held in trust by the Secretary pursuant to
paragraph (3)(B) of such section) shall be subject to Federal or State
income taxes.
(b)(1) Except as provided in paragraph (2), the availability or
distribution of funds by the Secretary under section 2 of this Act may
not be considered as income or resources or otherwise used as the basis
for denying or reducing--,
(A) any financial assistance or other benefit to which any
individual enrolled as a member under section 3 of this Act, or
the household of any such individual, would otherwise be entitled
or for which such individual or household is otherwise eligible
under the Social Security Act, or
(B) any other Federal financial assistance or other Federal
benefit to which such individual or household is otherwise
entitled or for which such individual or household is otherwise
eligible.
(2) The restriction contained in paragraph (1) of this subsection on
the consideration or use of such funds for the purpose of reducing or
denying any financial assistance or benefit described in subparagraph
(B) of such paragraph shall not apply to that portion of any per capita
share distributed under section 2 of this Act which exceeds $2,000.
Approved January 8, 1983.
LEGISLATIVE HISTORY--H.R. 6243:
HOUSE REPORT No. 97 - 936 (Comm. on Interior and Insular Affairs).
CONGRESSIONAL RECORD, Vol. 128 (1982):
Dec. 6, considered and passed House.
Dec. 20, considered and passed Senate.
PUBLIC LAW 97-435, 96 STAT. 2281
certain conditions contained in a
patent concerning certain land conveyed by the United
States to Eastern Washington
University.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) subject to
section 2, the Secretary of the Interior (hereinafter in this Act
referred to as the " Secretary) shall release certain conditions
contained in patent numbered 1216646 concerning the land described in
subsection (b) conveyed by the United States to Eastern Washington
University (formerly the Eastern Washington College of Education)
(hereinafter in this Act referred to as the " University"). Such
conditions provide that such land will revert to and revest in the
United States if the University or any successor of the University--,
(1) uses such land for purposes other than recreational and
educational purposes, or
(2) attempts to transfer title to such land.
(b) The land referred to in subsection (a) comprises 21 acres and may
be described as lot 6, section 34, Township 22 North, Range 41 East,
Willamette Meridian, Washington.
(c) The authority of the Secretary to release such conditions shall
expire five years after the enactment of this Act.
Sec. 2. The Secretary shall carry out subsection (a) of the first
section of this Act only after the University concludes an agreement
with the Secretary, and delivers to the Secretary a recordable document
setting forth the terms of such agreement, that--,
(1) the University will dispose of the land described in
subsection (b) of such section only for the purpose of acquiring,
by exchange or purchase, real property which is more suitable for
educational or recreational purposes than such land,
(2) if the University exchanges such land for other real
property--,
be
less than the fair market value of such land, or
(3) if the University sells such land--,
land, and
other
real property as provided in paragraph (1),
(4) title to any real property acquired by the University by
exchange of such land or by purchase with the proceeds of the sale
of such land will vest in the United States if the University or
any successor of the University--,
educational
or recreational purposes,
permits
its agents, employees, contractors, or subcontractors
(including lessees, sublessees, or permittees) to
prohibit or
restrict, directly or indirectly, the use of such real
property
or any facility thereon by any individual because of
such
individual's race, creed, color, sex, or national
origin, and
(5) the University will include the terms of such agreement in
any document transferring to the University property acquired by
the University pursuant to such agreement.
Approved January 8, 1983.
LEGISLATIVE HISTORY--H.R. 6419:
HOUSE REPORT No. 97 - 709 (Comm. on Interior and Insular Affairs).
CONGRESSIONAL RECORD, Vol. 128 (1982):
Aug. 16, considered and passed House.
Dec. 19, considered and passed Senate.
PUBLIC LAW 97-434, 96 STAT. 2280
benefit of Indians to be held in trust
for the Tribes of such Indians.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) the first
section of the Act of October 17, 1975 (89 Stat. 577; 25 U.S.C. 459),
is amended by adding thereto the following new subsection (c):
"(c) The right, title, and interest of the United States of America
in all of the lands, including the improvements now thereon (title to
which is in the United States), acquired under title II of the National
Industrial Recovery Act of June 16, 1933 (48 Stat. 200), and any
subsequent Emergency Relief Appropriation Acts, including but not
limited to section 5 of the Emergency Relief Appropriation Act of 1939
(53 Stat. 927, 930) and section 4 of the Emergency Relief Appropriation
Act, fiscal year 1941 (54 Stat. 611, 617), together with all minerals
underlying any such land whether acquired pursuant to such Acts or
otherwise owned by the United States, and which lands are now
administered by the Secretary of the Interior for the use or benefit of
(1) Ramah Navajo Indians, are hereby declared to be held in trust for
the Ramah Band of the Navajo Tribe, and (2) Choctaw Indians of
Mississippi, except lands subject to the Act of June 21, 1939 (53 Stat.
851), are hereby declared to be held in trust for the Mississippi Band
of Choctaw Indians; excepting valid rights-of-way of record."
(b) Section 2(a) of said Act of October 17, 1975, // 25 USC 495a. //
is amended by deleting "section 1 of this Act" and inserting in lieu
thereof "section 1(a) of this Act".
(c) The amendments made by this Act // 25 USC 459 // shall be
effective upon enactment of this Act.
Approved January 8, 1983.
LEGISLATIVE HISTORY--H.R. 5916:
HOUSE REPORT No. 97 - 816 (Comm. on Interior and Insular Affairs).
CONGRESSIONAL RECORD, Vol. 128 (1982):
Sept. 29, considered and passed House.
Dec. 21, considered and passed Senate.
PUBLIC LAW 97-433, 96 STAT. 2277
An Act
Facilities Fund, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may be
cited as the " National Park System Visitor Facilities Fund Act".
Sec. 2. Definitions.--For purposes of this Act--,
(1) " Foundation" means the National Park Foundation
established under the Act of December 18, 1967 (81 Stat. 656; 16
U.S.C. 19e
// 16 USC 19aa. //
and following);
(2) " Fund" means the National Park System Visitor Facilities
Fund established under section 3 of this Act;
(3) " Secretary" means the Secretary of the Interior; and
(4) "visitor facility" means any structure, fixture, or
improvement--,
- 20g));
// 16 USC 20e. //
and
services
to visitors.
Such term also includes concessioners' employee dormitories which meet
the requirements of subparagraphs (A) and (B).
Sec. 3. // 16 USC 19bb. // Establishment of Fund.--There is hereby
established in the Treasury of the United States the National Park
System Visitor Facilities Fund. There shall be credited to the Fund an
amount equal to all National Park System concession fees, including
franchise fees and building user fees, paid to or due and owing to the
United States after October 1, 1982 for the privilege of providing
visitor accommodations and services in units of the National Park System
(other than revenues obtained under the provisions of section 111 of the
National Historic Preservation Act of 1966) (16 U.S.C. 470 - 470t). //
16 USC 470h-3. //
Sec. 4. // 16 USC 19cc. // Authorization of Appropriations.--(a)
Beginning in fiscal year 1984, amounts credited to the Fund pursuant to
this Act are authorized to be appropriated to the National Park Service,
to be made available for expenditure by the Foundation to carry out its
functions under this Act.
(b) In addition to the amount authorized to be appropriated pursuant
to subsection (a) of this section, there is authorized to be
appropriated, not to exceed $1,000,000 to the National Park Service, to
be made available for expenditure by the Foundation to carry out its
functions under this Act. Such sums shall be available for expenditure
by the Foundation only to the extent such sums are matched on a
dollar-for-dollar basis by cash or in-kind contributions made to the
Foundation for the purposes of this Act.
(c) Except as provided in section 8 of this Act, sums appropriated
under this section shall remain available until expended.
Sec. 5. // 16 USC 19dd. // Administration of Fund Projects.--(a) In
a timely fashion, the Director of the National Park Service, with the
concurrence of the Secretary, shall submit to the Executive Committee of
the National Park Foundation detailed recommendations for the
reconstruction, rehabilitation, replacement, improvement, relocation, or
removal of visitor facilities. The Director shall specify those
projects which he deems to have the highest priority for funding under
this Act. The Executive Committee shall consider such recommendations
and, with the concurrence of the Director of the National Park Service,
recommend projects to the Board of the Foundation for its approval.
(B) The Secretary shall make grants to the Foundation from amounts
available in the Fund for the purpose of carrying out projects approved
under this section.
(c)(1) Any project approved and carried out under this section shall
be consistent with the purposes for which the park system unit involved
was established and with any approved general management plan applicable
to that unit. Any plans for, and location and design of, any specific
project shall be reviewed by and concurred in by the Director of the
National Park Service.
(2) In recommending any project under this Act with respect to any
property listed on, or eligible for listing on the National Register of
Historic Properties, the National Park Service shall take into account
the recommendations of the Advisory Council on Historic Preservation and
any project affecting any such property shall be carried out in a manner
consistent with the requirements of the National Historic Preservation
Act (16 U.S.C. 470 - 470t).
(d) The Foundation shall carry out projects under this Act, and
expend grants made available under this Act, in accordance with
applicable provisions of law and regulations. All grants for any
projects to be carried out under this Act shall be in accordance with
Circular A-110 published by the Office of Management and Budget
applicable to Federal grants. The Foundation shall be responsible for
managing the construction activities, including the selection of persons
to perform architectural, engineering, construction, and related
services.
(e) By undertaking to administer any project under this Act, the
Foundation shall be deemed to have agreed that all right, title, and
interest in any visitor facility with respect to which such project is
carried out shall be vested in the United States. The United States
shall not be liable for any debts, defaults, acts, or omissions of the
Foundation in connection with its activities under this Act.
(f) The Foundation shall include in its annual report to the Congress
a description of projects undertaken under this Act and the Foundation's
accomplishments under this Act.
Sec. 6. // 16 USC 19ee. // Authority of the National Park
Foundation.--For the purposes of this Act, the Foundation, in addition
to any other authorities it may have--,
(1) shall have all necessary and proper powers for exercise of
the authorities vested in it by this Act;
(2) may execute all instruments deemed necessary or appropriate
in the exercise of any of its functions under this Act; and
(3) may expend a portion of moneys received under this Act for
such reasonable personnel and incidental expenses as are necessary
to carry out its functions under this Act.
Sec. 7. // 16 USC 19ff. // Responsibilities of the Secretary.--
Nothing in this Act shall affect the authorities or responsibilities of
the Secretary under other provisions of law, including the authorities
and responsibilities vested in him under the Act of August 25, 1916 (39
Stat. 535; 16 U.S.C. 1, 2, 3, and 4) and under the National Park System
Concessions Policy Act (79 Stat. 969; 16 U.S.C. 20 - 20g).
Sec. 8. // 16 USC 19gg. // Expiration of Authority.--The authorities
contained in this Act shall expire on September 30, 1989. After that
date, any moneys previously credited to the Fund under this Act which
have not been appropriated, or if appropriated, which have not been
obligated or expended, shall be transferred to miscellaneous receipts of
the Treasury.
Approved January 8, 1983.
LEGISLATIVE HISTORY--H.R. 7316 (S. 2715):
HOUSE REPORT No. 97 - 953 (Comm. on Interior and Insular Affairs).
CONGRESSIONAL RECORD, Vol. 128 (1982):
Dec. 10, considered and passed House.
Dec. 21, considered and passed Senate.
PUBLIC LAW 97-432, 96 STAT. 2276
as amended, to eliminate
certain unnecessary regulatory requirements.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Act of August
20, 1912 (7 U.S.C. 159, 160, 161), // 7 USC 159. // is amended by--,
(1) striking out in section 5 the colon and all that follows
down through the end of the sentence and inserting in lieu thereof
a period;
(2) striking out in the second sentence of section 7
// 7 USC 160. //
the following: " That before the Secretary of Agriculture shall
promulgate his determination that it is necessary to forbid the
importation into the United States of the articles named in this
section he shall, after due notice to interested parties, give a
public hearing, under such rules and regulations as he shall
prescribe, at which hearing any interested party may appear and be
heard, either in person or by attorney: Provided further,"; and
(3) striking out in the fourth sentence of section 8
// 7 USC 161. //
the following: " That before the Secretary of Agriculture shall
promulgate his determination that it is necessary to quarantine
any State, territory, or district of the United States, or portion
thereof, under the authority given in this section, he shall,
after due notice to interested parties, give a public hearing
under such rules and regulations as he shall prescribe, at which
hearing any interested party may appear and be heard, either in
person or by attorney: Provided further,".
Approved January 8, 1983.
LEGISLATIVE HISTORY-- H.R. 5456:
HOUSE REPORT No. 97 - 873 (Comm. on Agriculture).
CONGRESSIONAL RECORD, Vol. 128 (1982):
Sept. 28, considered and passed House.
Dec. 20, considered and passed Senate.
PUBLIC LAW 97-431, 96 STAT. 2273
behalf of the United States
certain restrictions contained in a previous conveyance
of land to the city of
Albuquerque, New Mexico, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) subject to
subsection (b), the Secretary of the Interior (hereinafter in this Act
referred to as the " Secretary") shall release, by quitclaim deed or
other good and sufficient instrument, on behalf of the United States,
with respect to the land described in subsection (c) which was conveyed
by the United States to the city of Albuquerque, New Mexico, by a patent
numbered 30 - 64 - 0081, all conditions in such patent--,
(1) which require that such land be used for a public purpose
pursuant to a plan approved by the Secretary, and
(2) which prohibit the transfer of title or control of such
land by the patentee or its successor.
(b) The Secretary shall not deliver the release authorized by
subsection (a) until the city of Albuquerque, New Mexico, simultaneously
with such delivery--,
(1) consummates an exchange of the land described in subsection
(c) for the land described in subsections (d) and (e); and
(2) enters into a recordable agreement, in consideration of
such release, that is satisfactory to the Secretary providing
that--,
the
Secretary's written approval within one year after the
date
of the exchange and to be implemented by the city
substantially
in accordance with a timetable to be set forth in the
plan;
use
of the lands described in subsections (d) and (e) which
are
received by the city of Albuquerque in exchange for the
land described in subsection (c) for any purpose except
exclusively for a community park or for other public
purposes
that are described in the plan of development, as
approved by the Secretary;
attempt to
transfer title to, or control over, any land described
in
subsections (d) or (e) after the city of Albuquerque
receives
title to such lands; and
described in
subsections (d) and (e) if such property should ever
cease to
be used for a community park or for other public
purposes
described in the approved development plan, or if the
city of
Albuquerque attempts to transfer title to, or control
over,
such lands after the city receives title to such lands.
(c) The land referred to in subsection (a) which was conveyed by the
United States to the city of Albuquerque, New Mexico, on December 31,
1963, by a patent numbered 30 - 64 - 0081 is the following two tracts or
parcels:
(1) One tract or parcel containing 1.250 acres, more or less,
which is all of the north half southwest quarter northeast quarter
southwest quarter southwest quarter of section 33, township 11
north, range 4 east, New Mexico principal meridian, county of
Bernalillo, State of New Mexico.
(2) A second tract or parcel which is all of the south half
northeast quarter northwest quarter southwest quarter southwest
quarter and the south 26 feet of the north half northeast quarter
northwest quarter southwest quarter southwest quarter of section
33, township 11 north, range 4 east, New Mexico principal
meridian, county of Bernalillo, State of New Mexico.
(d) The land referred to in subsection (b) which was conveyed by the
United States to the devisees of Tom Hughes on October 17, 1955, by
patent number 1155047 is the tract or parcel containing 1.624 acres,
more or less, which is all of lot 58 (also known as north half northwest
quarter northeast quarter southwest quarter southwest quarter) of
section 33, township 11 north, range 4 east, New Mexico principal
meridian, county of Bernalillo, State of New Mexico.
(e) The land referred to in subsection (b) which was conveyed by the
United States to Leyburn B. Kimble on March 2, 1955, by a patent
numbered 1150213 is all of the south half northwest quarter northeast
quarter southwest quarter southwest quarter of section 33, township 11
north, range 4 east, New Mexico principal meridian, county of
Bernalillo, State of New Mexico.
Sec. 2. This Act does not affect--,
(1) any right to coal, oil, gas or other mineral deposit, or
(2) except as otherwise expressly provided herein, any right,
title or interest held by the United States in any land described
in this Act.
Sec. 3. The authority of the Secretary to execute and deliver the
release required by the first section of this Act shall not be limited
by the Act entitled " An Act to authorize acquisition or use of public
lands by States, counties, or municipalities for recreational
purposes.", approved June 14, 1926 (43 U.S.C. 869 et seq.).
Approved January 8, 1983.
LEGISLATIVE HISTORY--H.R. 4568:
HOUSE REPORT No. 97 - 635 (Comm. on Interior and Insular Affairs).
CONGRESSIONAL RECORD, Vol. 128 (1982):
Aug. 2, considered and passed House.
Dec. 23, considered and passed Senate.
PUBLIC LAW 97-430, 96 STAT. 2272
Post Office and Courthouse in
Norfolk, Virginia, as the " Walter E. Hoffman
United States Courthouse".
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the building
located at the intersection of Granby Street and Brambleton Avenue in
Norfolk, Virginia, known as the United States Post Office and
Courthouse, shall hereafter be known and designated as the " Walter E.
Hoffman United States Courthouse". Any reference in a law, map,
regulation, document, record, or other paper of the United States to
that building shall be deemed to be a reference to the " Walter E.
Hoffman United States Courthouse".
Sec. 2. This Act shall take effect on November 1, 1982.
Approved January 8, 1983.
LEGISLATIVE HISTORY--H.R. 5027:
CONGRESSIONAL RECORD, Vol. 128 (1982):
Dec. 17, considered and passed House.
Dec. 23, considered and passed Senate.
PUBLIC LAW 97-429, 96 STAT. 2269, TEXAS BAND OF KICKAPOO ACT
Kickapoo Indians; to clarify the
status of the members of the band; to provide trust
lands to the band, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United Staes of America in Congress assembled, That this Act // 25 USC
1300b-11 // may be cited as the " Texas Band of Kickapoo Act".
Sec. 2. (a) Congress finds that the Texas Band of Kickapoo Indians
is a subgroup of the Kickapoo Tribe of Oklahoma; that many years ago,
the Band was forced to migrate from its ancestral lands to what is now
the State of Texas and the nation of Mexico; that, although many
members of the band meet the requirements for United States citizenship,
some of them cannot prove that they are United States citizens; that,
although the Band resides in the State of Texas, it owns no land there;
that, because the Band owns no land in Texas, members of the Band are
considered ineligible for services which the United States provides to
other Indians who are members of federally recognized tribes because of
their status as Indians except when the members of the Band are on or
near the reservation of the Kickapoo Tribe of Oklahoma; that members of
the Band live under conditions that pose serious threats to their
health; and that, because their culture is derived from three different
cultures, they have unique needs including, especially, educational
needs.
(b) Congress therefore declares that the Band should be recognized by
the United States; that the right of the members of the Band to pass
and repass the borders of the United States should be clarified; that
services which the United States provides to Indians because of their
status as Indians should be provided to members of the Band in Maverick
County, Texas; and, that land in the State of Texas should be taken in
trust by the United States for the benefit of the Band.
Sec. 3. // 25 USC 1300b-12. // For purposes of this Act--,
(a) " Band" means the Texas Band of Kickapoo Indians, a
subgroup of the Kickapoo Tribe of Oklahoma;
(b) " Tribe" means the Kickapoo Tribe of Oklahoma; and
(c) " Secretary" means the Secretary of the Interior.
STATES
CITIZENSHIP
Sec. 4. // 25 USC 1300b-13. // (a) Within one year of the enactment
of this Act, the Secretary shall, after consultation with the Tribe,
compile a roll of those members of the Tribe who possess Kickapoo blood
and who are also members of the Band. When said roll is complete, the
Secretary shall immediately publish notice in the Federal Register
stating that the roll has been completed. The Secretary shall ensure
that the roll, once completed, is maintained and that it is current.
(b) If the Secretary does not compile the roll within the period
prescribed in subsection 4(a), he shall submit a report to Congress
setting forth the reasons he did not do so.
(c) For a period of five years after the publication of the Federal
Register notice required under subsection 4(a), any member of the Band
whose name appears on the roll compiled by the Secretary, may, at his
option, apply for United States citizenship. Such application shall be
made to the Immigration and Naturalization Service and, upon receipt of
the application, citizenship shall promptly be granted to the applicant.
(d) Notwithstanding the Immigration and Nationality Act, // 8 USC
1101 // all members of the Band shall be entitled to freely pass and
repass the borders of the United States and to live and work in the
United States.
REORGANIZATION
ACT
Sec. 5. (a) The Act of June 18, 1934 (48 Stat. 984), // 25 USC
1300b-14. // is hereby made applicable to the Band: Provided, however,
That the Secretary is only authorized to exercise his authority under
section 5 of that Act (25 U.S.C. 465) // 25 USC 461 // with respect to
lands located in Maverick County, Texas.
(b) The Secretary is authorized and directed to accept no more than
one hundred acres of land in Maverick County, Texas which shall be
offered for the benefit of the Band with the approval of the Tribe.
Nothing in this subsection shall be construed as limiting the authority
of the Secretary under section 5 of the Act of June 18, 1934 (48 Stat.
985). // 25 USC 465. //
Sec. 6. // 25 USC 1300b-15. // The State of Texas shall exercise
jurisdiction over civil causes of action and criminal offenses arising
on the Band's trust lands in accordance with section 1360 of title 28,
United States Code, and section 1162 of title 18, United States Code, as
if it had assumed jurisdiction pursuant to sections 401 and 402 of the
Act of April 11, 1968 (82 Stat. 78, 79). // 25 USC 1321, 1322. // The
provisions of section 403 of the Act of April 11, 1968 (82 Stat. 79),
// 25 USC 1323. 28 USC 1360. // shall be applicable and available to
the State of Texas.
Sec. 7. // 25 USC 1300b-16. // (a) Notwithstanding any other
provision of law authorizing the provision of special programs and
services by the United States to Indians because of their status as
Indians, the Band and its members in Maverick County, Texas shall be
eligible for such programs and services without regard to the existence
of a reservation, the residence of members of the Band on or near a
reservation, or the compilation of the roll pursuant to subsection 4(a)
of this Act.
(b) In providing services pursuant to subsection (a), the Secretary
and the head of each department and agency shall consult and cooperate
with appropriate officials or agencies of the Mexican Government to the
greatest extent possible to ensure that such services meet the special
tricultural needs of the Band and its members. Such consultation and
cooperation may include, whenever practicable, joint funding agreements
between such agency or department of the United States and the
appropriate agencies and officials of the Mexican Government.
Approved January 8, 1983.
LEGISLATIVE HISTORY--H.R. 4496:
HOUSE REPORT No. 97 - 858 (Comm. on Interior and Insular Affairs).
SENATE REPORT No. 97 - 684 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD, Vol. 128 (1982):
Sept. 29, considered and passed House.
Dec. 20, considered and passed Senate, amended.
Dec. 21, House agreed to Senate amendments.
PUBLIC LAW 97-428, 96 STAT. 2268
by the United States for the
Navajo Tribe, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That subject to the
approval of the Secretary of the Interior, the Navajo Tribe may exchange
all of its interests in any land held in trust by the United States for
the tribe in sections 4, 5, 8, and 9 of township 12 north, range 18
west, New Mexico principal meridian for the land located in section 14,
township 13 north, range 18 west, New Mexico principal meridian which is
owned by Bernard J. Vanderwagen or Linda Vanderwagen Ortega or both of
them. The land so acquired by the Navajo Tribe shall be held in trust
by the United States for the tribe and shall have the same status as the
land exchanged.
Sec. 2. The Act entitled " An Act to provide for the partitioning of
certain restricted Indian land in the State of Kansas", approved October
15, 1982 (Public Law 97 - 344), is amended by striking out "township 11"
in paragraph (1) and inserting in lieu thereof "township 12".
Sec. 3. Section 6(i) of the Maine Indian Claims Settlement Act of
1980 (Public Law 96 - 420) // 25 USC 1725. // is amended by adding at
the end thereof the following:
" Notwithstanding any other provision of law authorizing the
provision of special programs and services by the United States to
Indians because of their status as Indians, any member of the Houlton
Band of Maliseet Indians in or near the town of Houlton, Maine, shall be
eligible for such programs and services without regard to the existence
of a reservation or of the residence of such member on or near a
reservation.".
Approved January 8, 1983.
LEGISLATIVE HISTORY-- H.R. 4001 (S. 159):
HOUSE REPORT No. 97 - 346 (Comm. on Interior and Insular Affairs).
SENATE REPORT No. 97 - 374 accompanying S. 159 (Comm. on Indian
Affairs).
CONGRESSIONAL RECORD:
Vol. 127 (1981): Dec. 15, considered and passed House.
Vol. 128 (1982): May 10, S. 159 considered and passed Senate.
Dec. 16, considered and passed Senate, amended. Dec. 20, House
agreed to Senate amendments.
PUBLIC LAW 97-427, 96 STAT. 2265
of Congress.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1. // 36 USC 2201. // Former Members of Congress, organized
and incorporated under the Nonprofit Corporation Act of the District of
Columbia, is hereby recognized as such and is granted a charter.
Sec. 2. // 36 USC 2202. // Former Members of Congress (hereinafter
referred to as the "corporation") shall have only those powers granted
to it through its bylaws and articles of incorporation filed in the
State or States in which it is incorporated and subject to the laws of
such State or States.
Sec. 3. // 36 USC 2203. // The objects and purposes of the
corporation are those provided in its articles of incorporation and
shall include the promotion of the cause of good government at the
national level by improving the public understanding of the United
States Congress as an institution and strengthening its support by the
public. The corporation shall function as an educational, patriotic,
civic, historical, and research organization as authorized by the laws
of the State or States wherein it is incorporated.
Sec. 4. // 36 USC 2204. // With respect to service of process, the
corporation shall comply with the laws of the States in which it is
incorporated and those States in which it carries on its activities in
furtherance of its corporate purposes.
Sec. 5. // 36 USC 2205. // Eligibility for membership in the
corporation and the rights and privileges of members shall be as
provided in the bylaws of the corporation.
Sec. 6. // 36 USC 2206. // The board of directors of the corporation
and the responsibilities thereof shall be as provided in the articles of
incorporation of the corporation and in conformity with the laws of the
State or States in which it is incorporated.
Sec. 7. // 36 USC 2207. // The officers of the corporation, and the
election of such officers shall be as is provided in the articles of
incorporation of the corporation and in conformity with the laws of the
State or States wherein it is incorporated.
Sec. 8. // 36 USC 2208. // (a) No part of the income or assets of
the corporation shall inure to any member, officer, or director of the
corporation or be distributed to any such person during the life of this
charter. Nothing in this subsection shall be construed to prevent the
payment of reasonable compensation to the officers of the corporation or
reimbursement for actual necessary expenses in amounts approved by the
board of directors.
(b) The corporation shall not make any loan to any officer, director,
or employee of the corporation.
(c) The corporation and any officer and director of the corporation,
acting as such officer or director, shall not contribute to, support or
otherwise participate in any political activity or in any manner attempt
to influence legislation.
(d) The corporation shall have no power to issue any shares of stock
nor to declare or pay any dividends.
(e) The corporation shall not claim congressional approval or Federal
Government authority for any of its activities.
Sec. 9. // 36 USC 2209. // The corporation shall be liable for the
acts of its officers and agents when acting within the scope of their
authority.
Sec. 10. // 36 USC 2210. // The corporation shall keep correct and
complete books and records of account and shall keep minutes of any
proceeding of the corporation involving any of its members, the board of
directors, or any committee having authority under the board of
directors. The corporation shall keep at its principal office a record
of the names and addresses of all members having the right of vote. All
books and records of such corporation may be inspected by any member
having the right to vote, or by any agent or attorney of such member,
for any proper purpose, at any reasonable time. Nothing in this section
shall be construed to contravene any applicable State law.
Sec. 11. The first section of the Act entitled " An Act to provide
for audit of accounts of private corporations established under Federal
law", approved August 30, 1964 (36 U.S.C. 1101), is amended by adding at
the end thereof the following:
"(59) Former Members of Congress.".
Sec. 12. // 36 USC 2211. // The corporation shall report annually to
the Congress concerning the activities of the corporation during the
preceding fiscal year. Such annual report shall be submitted at the
same time as in the report of the audit required by section 11 of this
Act. The report shall not be printed as a public document.
Sec. 13. // 36 USC 2212. // The right to alter, amend, or repeal
this Act is expressly reserved to the Congress.
Sec. 14. // 36 USC 2213. // For purposes of this Act, the term "
State" includes the District of Columbia, the Commonwealth of Puerto
Rico, and the territories and possessions of the United States.
Sec. 15. // 36 USC 2214. // The corporation shall maintain its
status as an organization exempt from taxation as provided in the
Internal Revenue Code. If the corporation fails to maintain such
status, the charter granted hereby shall expire.
Sec. 16. // 36 USC 2215. // If the corporation shall fail to comply
with any of the restrictions or provisions of this Act the charter
granted hereby shall expire.
Approved January 8, 1983.
LEGISLATIVE HISTORY--H.R. 7423:
CONGRESSIONAL RECORD, Vol. 128 (1982):
Dec. 17, considered and passed House.
Dec. 19, considered and passed Senate.
PUBLIC LAW 97-426, 96 STAT. 2264
California, to facilitate an
exchange for certain other lands in Mono County,
California, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That notwithstanding the
Act of March 4, 1931 (46 Stat. 1530 - 1548), or any other provision of
law, the following described lands, situated in Mono County, California,
and comprising approximately 202.167 acres, are withdrawn from
settlement, sale, location, or entry under all of the general land laws,
including the mining laws: The southeast quarter of the southeast
quarter of section 23, the west half of the northwest quarter of section
25, and the north half of the northeast quarter of section 26, all in
township 5 south, range 32 east, Mount Diablo meridian, California.
Sec. 2. Notwithstanding the first section of the Act of March 4,
1931 (46 Stat. 1530, 1532), the withdrawal accomplished by said Act of
March 4, 1931, of the lands described as the southwest quarter of
section 34, township 5 south, range 33 east, Mount Diablo meridian,
comprising approximately 160 acres, situated in Mono County, California,
is hereby modified to the extent that the lands described in this
section may be exchanged by the Secretary of the Interior in accordance
with the directive contained in section 3 of this Act.
Sec. 3. Notwithstanding any other provision of law, the Secretary of
the Interior is hereby authorized to exchange the Federal lands
described in section 2 of this Act for the lands described in section 1
of this Act, the title to the lands to be acquired by the United States
to be satisfactory in all respects to the Secretary and to be conveyed
by a good and sufficient deed, in recordable form, that is satisfactory
to the Secretary.
Approved January 8, 1983.
LEGISLATIVE HISTORY--H.R. 2475:
HOUSE REPORT No. 97 - 358 (Comm. on Interior and Insular Affairs).
SENATE REPORT No. 97 - 371 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
Vol. 127 (1981): Dec. 15, considered and passed House.
Vol. 128 (1982): May 10, considered and passed Senate,
amended. Sept. 13, House concurred in Senate amendment, No. 1 and
disagreed to Senate amendments No. 2 through 7. Dec. 19, Senate
receded from its amendments 2 through 7.
PUBLIC LAW 97-425, 96 STAT. 2201, NUCLEAR WASTE POLICY ACT OF 1982
disposal of high-level radioactive
waste and spent nuclear fuel, to establish a program of
research, development,
and demonstration regarding the disposal of high-level
radioactive waste and spent
nuclear fuel, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1. This Act // 42 USC 10101. // may be cited as the "
Nuclear Waste Policy Act of 1982".
Sec. 1. Short title and table of contents.
Sec. 2. Definitions.
Sec. 3. Separability.
Sec. 4. Territories and possessions.
Sec. 5. Ocean disposal.
Sec. 6. Limitation on spending authority.
Sec. 7. Protection of classified national security information.
Sec. 8. Applicability.
Sec. 9. Applicability.
RADIOACTIVE WASTE,
SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE
WASTE
Sec. 101. State and affected Indian tribe participation in
development of proposed repositories for defense waste.
Radioactive Waste and
Spent Nuclear Fuel
Sec. 111. Findings and purposes.
Sec. 112. Recommendation of candidate sites for site
characterization.
Sec. 113. Site characterization.
Sec. 114. Site approval and construction authorization.
Sec. 115. Review of repository site selection.
Sec. 116. Participation of States.
Sec. 117. Consultation with States and Indian tribes.
Sec. 118. Participation of Indian tribes.
Sec. 119. Judicial review of agency actions.
Sec. 120. Expedited authorizations.
Sec. 121. Certain standards and criteria.
Sec. 122. Disposal of spent nuclear fuel.
Sec. 123. Title to material.
Sec. 124. Consideration of effect of acquisition of water rights.
Sec. 125. Termination of certain provisions.
Sec. 131. Findings and purposes.
Sec. 132. Available capacity for interim storage of spent nuclear
fuel.
Sec. 133. Interim at-reactor storage.
Sec. 134. Licensing of facility expansions and transshipments.
Sec. 135. Storage of spent nuclear fuel.
Sec. 136. Interim Storage Fund.
Sec. 137. Transportation.
Sec. 141. Monitored retrievable storage.
Sec. 151. Financial arrangements for site closure.
REGARDING
DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTE AND
SPENT NUCLEAR
FUEL
Sec. 211. Purpose.
Sec. 212. Applicability.
Sec. 213. Identification of sites.
Sec. 214. Siting research and related activities.
Sec. 215. Test and evaluation facility siting review and reports.
Sec. 216. Federal agency actions.
Sec. 217. Research and development on disposal of high-level
radioactive waste.
Sec. 218. Research and development on spent nuclear fuel.
Sec. 219. Payments to States and affected Indian tribes.
Sec. 220. Study of research and development needs for monitored
retrievable storage proposal.
Sec. 221. Judicial review.
Sec. 222. Research on alternatives for the permanent disposal of
high-level radioactive waste.
Sec. 223. Technical assistance to non-nuclear weapon states in the
field of spent fuel storage and disposal.
WASTE
Sec. 301. Mission plan.
Sec. 302. Nuclear Waste Fund.
Sec. 303. Alternate means of financing.
Sec. 304. Office of Civilian Radioactive Waste Management.
Sec. 305. Location of test and evaluation facility.
Sec. 306. Nuclear Regulatory Commission training authorization.
Sec. 2. // 42 USC 10101. // For purposes of this Act:
(1) The term " Administrator" means the Administrator of the
Environmental Protection Agency.
(2) The term "affected Indian tribe" means any Indian tribe--,
facility, or a
repository for high-level radioactive waste or spent
fuel is
proposed to be located;
arising
out of congressionally ratified treaties may be
substantially
and adversely affected by the locating of such a
facility:
Provided, That the Secretary of the Interior finds,
upon the
petition of the appropriate governmental officials of
the
tribe, that such effects are both substantial and
adverse to
the tribe;
(3) The term "atomic energy defense activity" means any
activity of the Secretary performed in whole or in part in
carrying out any of the following functions:
confinement
fusion;
management;
(4) The term "candidate site" means an area, within a geologic
and hydrologic system, that is recommended by the Secretary under
section 112 for site characterization, approved by the President
under section 112 for site characterization, or undergoing site
characterization under section 113.
(5) The term "civilian nuclear activity" means any atomic
energy activity other than an atomic energy defense activity.
(6) The term "civilian nuclear power reactor" means a civilian
nuclear powerplant required to be licensed under section 103 or
104 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2133, 2134(
b)).
(7) The term " Commission" means the Nuclear Regulatory
Commission.
(8) The term " Department" means the Department of Energy.
(9) The term "disposal" means the emplacement in a repository
of high-level radioactive waste, spent nuclear fuel, or other
highly radioactive material with no foreseeable intent of
recovery, whether or not such emplacement permits the recovery of
such waste.
(10) The terms "disposal package" and "package" mean the
primary container that holds, and is in contact with, solidified
high-level radioactive waste, spent nuclear fuel, or other
radioactive materials, and any overpacks that are emplaced at a
repository.
(11) The term "engineered barriers" means manmade components of
a disposal system designed to prevent the release of radionuclides
into the geologic medium involved. Such term includes the
high-level radioactive waste form, high-level radioactive waste
canisters, and other materials placed over and around such
canisters.
(12) The term "high-level radioactive waste" means--,
waste
produced directly in reprocessing and any solid material
derived from such liquid waste that contains fission
products
in sufficient concentrations; and
Commission,
consistent with existing law, determines by rule
requires permanent isolation.
(13) The term " Federal agency" means any Executive agency, as
defined in section 105 of title 5, United States Code.
(14) The term " Governor" means the chief executive officer of
a State.
(15) The term " Indian tribe" means any Indian tribe, band,
nation, or other organized group or community of Indians
recognized as eligible for the services provided to Indians by the
Secretary of the Interior because of their status as Indians,
including any Alaska Native village, as defined in section 3(c) of
the Alaska Native Claims Settlement Act (43 U.S.C. 1602(c)).
(16) The term "low-level radioactive waste" means radioactive
material that--,
fuel,
transuranic waste, or by-product material as defined in
section 11e(2) of the Atomic Energy Act of 1954 (42
U.S.C.
2014(e)(2)); and
classifies
as low-level radioactive waste.
(17) The term " Office" means the Office of Civilian
Radioactive Waste Management established in section 305.
(18) The term "repository" means any system licensed by the
Commission that is intended to be used for, or may be used for,
the permanent deep geologic disposal of high-level radioactive
waste and spent nuclear fuel, whether or not such system is
designed to permit the recovery, for a limited period during
initial operation, of any materials placed in such system. Such
term includes both surface and subsurface areas at which high--,
level radioactive waste and spent nuclear fuel handling activities
are conducted.
(19) The term "reservation" means--,
title
18, United States Code; or
seq.).
(20) The term " Secretary" means the Secretary of Energy.
(21) The term "site characterization" means--,
to the
location of a repository, including borings, surface
excavations,
excavations of exploratory shafts, limited subsurface
lateral excavations and borings, and in situ testing
needed
to evaluate the suitability of a candidate site for the
location
of a repository, but not including preliminary borings
and geophysical testing needed to assess whether site
characterization
should be undertaken.
(22) The term "siting research" means activities, including
borings, surface excavations, shaft excavations, subsurface
lateral excavations and borings, and in situ testing, to determine
the suitability of a site for a test and evaluation facility.
(23) The term "spent nuclear fuel" means fuel that has been
withdrawn from a nuclear reactor following irradiation, the
constituent elements of which have not been separated by
reprocessing.
(24) The term " State" means each of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, American Samoa, the Northern Mariana Islands, the
Trust Territory of the Pacific Islands, and any other territory or
possession of the United States.
(25) The term "storage" means retention of high-level
radioactive waste, spent nuclear fuel, or transuranic waste with
the intent to recover such waste or fuel for subsequent use,
processing, or disposal.
(26) The term " Storage Fund" means the Interim Storage Fund
established in section 137(c).
(27) The term "test and evaluation facility" means an at--,
depth, prototypic, underground cavity with subsurface lateral
excavations extending from a central shaft that is used for
research and development purposes, including the development of
data and experience for the safe handling and disposal of
solidified high-level radioactive waste, transuranic waste, or
spent nuclear fuel.
(28) The term "unit of general local government" means any
borough, city, county, parish, town, township, village, or other
general purpose political subdivision of a State.
(29) The term " Waste Fund" means the Nuclear Waste Fund
established in section 302(c).
Sec. 3. // 42 USC 10102. // If any provision of this Act, or the
application of such provision to any person or circumstance, is held
invalid, the ramainder of this Act, or the application of such provision
to persons or circumstances other than those as to which it is held
invalid, shall not be affected thereby.
Sec. 4. // 42 USC 10103. // Nothing in this Act shall be deemed to
repeal, modify, or amend the provisions of section 605 of the Act of
March 12, 1980 (48 U.S.C. 1491).
Sec. 5. // 42 USC 10104. // Nothing in this Act shall be deemed to
affect the Marine Protection, Research, and Sanctuaries Act of 1972 (33
U.S.C. 1401 et seq.).
Sec. 6. // 42 USC 10105. // The authority under this Act to incur
indebtedness, or enter into contracts, obligating amounts to be expended
by the Federal Government shall be effective for any fiscal year only to
such extent or in such amounts as are provided in advance by
appropriation Acts.
INFORMATION
Sec. 7. // 42 USC 10106. // Nothing in this Act shall require the
release or disclosure to any person or to the Commission of any
classified national security information.
Sec. 8. // 42 USC 10107. // (a) Atomic Energy Defense Activities.-
Subject to the provisions of subsection (c), the provisions of this Act
shall not apply with respect to any atomic energy defense activity or to
any facility used in connection with any such activity.
(b) Evaluation by President.-(1) Not later than 2 years after the
date of the enactment of this Act, the President shall evaluate the use
of disposal capacity at one or more repositories to be developed under
subtitle A of title I for the disposal of high-level radioactive waste
resulting from atomic energy defense activities. Such evaluation shall
take into consideration factors relating to cost efficiency, health and
safety, regulation, transportation, public acceptability, and national
security.
(2) Unless the President finds, after conducting the evaluation
required in paragraph (1), that the development of a repository for the
disposal of high-level radioactive waste resulting from atomic energy
defense activities only is required, taking into account all of the
factors described in such subsection, the Secretary shall proceed
promptly with arrangement for the use of one or more of the repositories
to be developed under subtitle A of title I for the disposal of such
waste. Such arrangements shall include the allocation of costs of
developing, constructing, and operating this repository or repositories.
The costs resulting from permanent disposal of high-level radioactive
waste from atomic energy defense activities shall be paid by the Federal
Government, into the special account established under section 302.
(3) Any repository for the disposal of high-level radioactive waste
resulting from atomic energy defense activities only shall (A) be
subject to licensing under section 202 of the Energy Reorganization Act
of 1973 (42 U.S.C. 5842); and (B) comply with all requirements of the
Commission for the siting, development, construction, and operation of a
repository.
(c) Applicability to Certain Repositories.-The provisions of this Act
shall apply with respect to any repository not used exclusively for the
disposal of high-level radioactive waste or spent nuclear fuel resulting
from atomic energy defense activities, research and development
activities of the Secretary, or both.
Sec. 9. // 42 USC 10108. // Transportation.-Nothing in this Act
shall be construed to affect Federal, State, or local laws pertaining to
the transportation of spent nuclear fuel or high-level radioactive
waste.
RADIOACTIVE
WASTE, SPENT NUCLEAR FUEL, AND LOW-LEVEL
RADIOACTIVE WASTE
DEVELOPMENT
OF PROPOSED REPOSITORIES FOR DEFENSE WASTE
Sec. 101. // 42 USC 10121. // (a) Notification to States and
Affected Indian Tribes.-Notwithstanding the provisions of section 8,
upon any decision by the Secretary or the President to develop a
repository for the disposal of high-level radioactive waste or spent
nuclear fuel resulting exclusively from atomic energy defense
activities, research and development activities of the Secretary, or
both, and before proceeding with any site-specific investigations with
respect to such repository, the Secretary shall notify the Governor and
legislature of the State in which such repository is proposed to be
located, or the governing body of the affected Indian tribe on whose
reservation such repository is proposed to be located, as the case may
be, of such decision.
(b) Participation of States and Affected Indian Tribes.-Following the
receipt of any notification under subsection (a), the State or Indian
tribe involved shall be entitled, with respect to the proposed
repository involved, to rights of participation and consultation
identical to those provided in sections 115 through 118, except that any
financial assistance authorized to be provided to such State or affected
Indian tribe under section 116(c) or 118(b) shall be made from amounts
appropriated to the Secretary for purposes of carrying out this section.
Sec. 111. // 42 USC 10131. // (a) Findings.-The Congress finds
that--,
(1) radioactive waste creates potential risks and requires safe
and environmentally acceptable methods of disposal;
(2) a national problem has been created by the accumulation of
(A) spent nuclear fuel from nuclear reactors; and (B) radioactive
waste from (i) reprocessing of spent nuclear fuel; (ii)
activities related to medical research, diagnosis, and treatment;
and (iii) other sources;
(3) Federal efforts during the past 30 years to devise a
permanent solution to the problems of civilian radioactive waste
disposal have not been adequate;
(4) while the Federal Government has the responsibility to
provide for the permanent disposal of high-level radioactive waste
and such spent nuclear fuel as may be disposed of in order to
protect the public health and safety and the environment, the
costs of such disposal should be the responsibility of the
generators and owners of such waste and spent fuel;
(5) the generators and owners of high-level radioactive waste
and spent nuclear fuel have the primary responsibility to provide
for, and the responsibility to pay the costs of, the interim
storage of such waste and spent fuel until such waste and spent
fuel is accepted by the Secretary of Energy in accordance with the
provisions of this Act;
(6) State and public participation in the planning and
development of repositories is essential in order to promote
public confidence in the safety of disposal of such waste and
spent fuel; and
(7) high-level radioactive waste and spent nuclear fuel have
become major subjects of public concern, and appropriate
precautions must be taken to ensure that such waste and spent fuel
do not adversely affect the public health and safety and the
environment for this or future generations.
(b) Purposes.-The purposes of this subtitle are--,
(1) to establish a schedule for the siting, construction, and
operation of repositories that will provide a reasonable assurance
that the public and the environment will be adequately protected
from the hazards posed by high-level radioactive waste and such
spent nuclear fuel as may be disposed of in a repository;
(2) to establish the Federal responsibility, and a definite
Federal policy, for the disposal of such waste and spent fuel;
(3) to define the relationship between the Federal Government
and the State governments with respect to the disposal of such
waste and spent fuel; and
(4) to establish a Nuclear Waste Fund, composed of payments
made by the generators and owners of such waste and spent fuel,
that will ensure that the costs of carrying out activities
relating to the disposal of such waste and spent fuel will be
borne by the persons responsible for generating such waste and
spent fuel.
CHARACTERIZATION
Sec. 112. // 42 USC 10132. // (a) Guidelines.-Not later than 180
days after the date of the enactment of this Act, the Secretary,
following consultation with the Council on Environmental Quality, the
Administrator of the Environmental Protection Agency, the Director of
the Geological Survey, and interested Governors, and the concurrence of
the Commission shall issue general guidelines for the recommendation of
sites for repositories. Such guidelines shall specify detailed geologic
considerations that shall be primary criteria for the selection of sites
in various geologic media. Such guidelines shall specify factors that
qualify or disqualify any site from development as a repository,
including factors pertaining to the location of valuable natural
resources, hydrology, geophysics, seismic activity, and atomic energy
defense activities, proximity to water supplies, proximity to
populations, the effect upon the rights of users of water, and proximity
to components of the National Park System, the National Wildlife Refuge
System, the National Wild and Scenic Rivers System, the National
Wilderness Preservation System, or National Forest Lands. Such
guidelines shall take into consideration the proximity to sites where
high-level radioactive waste and spent nuclear fuel is generated or
temporarily stored and the transportation and safety factors involved in
moving such waste to a repository. Such guidelines shall specify
population factors that will disqualify any site from development as a
repository if any surface facility of such repository would be located
(1) in a highly populated area; or (2) adjacent to an area 1 mile by 1
mile having a population of not less than 1,000 individuals. Such
guidelines also shall require the Secretary to consider the cost and
impact of transporting to the repository site the solidified high-level
radioactive waste and spent fuel to be disposed of in the repository and
the advantages of regional distribution in the siting of repositories.
Such guidelines shall require the Secretary to consider the various
geologic media in which sites for repositories may be located and, to
the extent practicable, to recommend sites in different geologic media.
The Secretary shall use guidelines established under this subsection in
considering candidate sites for recommendation under subsection (b).
The Secretary may revise such guidelines from time to time, consistent
with the provisions of this subsection. (b) Recommendation by Secretary
to the President.-(1)(A) Following the issuance of guidelines under
subsection (a) and consultation with the Governors of affected States,
the Secretary shall nominate at least 5 sites that he determines
suitable for site characterization for selection of the first repository
site.
(B) Subsequent to such nomination, the Secretary shall recommend to
the President 3 of the nominated sites not later than January 1, 1985
for characterization as candidate sites.
(C) Not later than July 1, 1989, the Secretary shall nominate 5
sites, which shall include at least 3 additional sites not nominated
under subparagraph (A), and recommend by such date to the President from
such 5 nominated sites 3 candidate sites the Secretary determines
suitable for site characterization for selection of the second
repository. The Secretary may not nominate any site previously
nominated under subparagraph (A), that was not recommended as a
candidate site under subparagraph (B).
(D) Such recommendations under subparagraphs (B) and (C) shall be
consistent with the provisions of section 305.
(E) Each nomination of a site under this subsection shall be
accompanied by an environmental assessment, which shall include a
detailed statement of the basis for such recommendation and of the
probable impacts of the site characterization activities planned for
such site, and a discussion of alternative activities relating to site
characterization that may be undertaken to avoid such impacts. Such
environmental assessment shall include--,
(i) an evaluation by the Secretary as to whether such site is
suitable for site characterization under the guidelines
established under subsection (a);
(ii) an evaluation by the Secretary as to whether such site is
suitable for development as a repository under each such guideline
that does not require site characterization as a prerequisite for
application of such guideline;
(iii) an evaluation by the Secretary of the effects of the site
characterization activities at such site on the public health and
safety and the environment;
(iv) a reasonable comparative evaluation by the Secretary of
such site with other sites and locations that have been
considered;
(v) a description of the decision process by which such site
was recommended; and
(vi) an assessment of the regional and local impacts of
locating the proposed repository at such site.
(F)(i) The issuance of any environmental assessment under this
paragraph shall be considered to be a final agency action subject to
judicial review in accordance with the provisions of chapter 7 of title
5, United States Code, // 5 USC 701. // and section 119. Such judicial
review shall be limited to the sufficiency of such environmental
assessment with respect to the items described in clauses (i) through
(vi) of subparagraph (E).
(G) Each environmental assessment prepared under this paragraph shall
be made available to the public.
(H) Before nominating a site, the Secretary shall notify the Governor
and legislature of the State in which such site is located, or the
governing body of the affected Indian tribe where such site is located,
as the case may be, of such nomination and the basis for such
nomination.
(2) Before nominating any site the Secretary shall hold public
hearings in the vicinity of such site to inform the residents of the
area in which such site is located of the proposed nomination of such
site and to receive their comments. At such hearings, the Secretary
shall also solicit and receive any recommendations of such residents
with respect to issues that should be addressed in the environmental
assessment described in paragraph (1) and the site characterization plan
described in section 113(b)(1).
(3) In evaluating the sites nominated under this section prior to any
decision to recommend a site as a candidate site, the Secretary shall
use available geophysical, geologic, geochemical and hydrologic, and
other information and shall not conduct any preliminary borings or
excavations at a site unless (i) such preliminary boring or excavation
activities were in progress upon the date of enactment of this Act or
(ii) the Secretary certifies that such available information from other
sources, in the absence of preliminary borings or excavations, will not
be adequate to satisfy applicable requirements of this Act or any other
law: Provided, That preliminary borings or excavations under this
section shall not exceed a diameter of 6 inches.
(c) Presidential Review of Recommended Candidate Sites.-(1) The
President shall review each candidate site recommendation made by the
Secretary under subsection (b). Not later than 60 days after the
submission by the Secretary of a recommendation of a candidate site, the
President, in his discretion, may either approve or disapprove such
candidate site, and shall transmit any such decision to the Secretary
and to either the Governor and legislature of the State in which such
candidate site is located, or the governing body of the affected Indian
tribe where such candidate site is located, as the case may be. If,
during such 60-day period, the President fails to approve or disapprove
such candidate site, or fails to invoke his authority under paragraph
(2) to delay his decision, such candidate site shall be considered to be
approved, and the Secretary shall notify such Governor and legislature,
or governing body of the affected Indian tribe, of the approval of such
candidate site by reason of the inaction of the President.
(2) The President may delay for not more than 6 months his decision
under paragraph (1) to approve or disapprove a candidate site, upon
determining that the information provided with the recommendation of the
Secretary is insufficient to permit a decision within the 60-day period
referred to in paragraph (1). The President may invoke his authority
under this paragraph by submitting written notice to the Congress,
within such 60-day period, of his intent to invoke such authority. If
the President invokes such authority, but fails to approve or disapprove
the candidate site involved by the end of such 6-month period, such
candidate site shall be considered to be approved, and the Secretary
shall notify such Governor and legislature, or governing body of the
affected Indian tribe, of the approval of such candidate site by reason
of the inaction of the President.
(d) Continuation of Candidate Site Screening.-After the required
recommendation of candidate sites under subsection (b), the Secretary
may continue, as he determines necessary, to identify and study other
sites to determine their suitability for recommendation for site
characterization, in accordance with the procedures described in this
section.
(e) Preliminary Activities.-Except as otherwise provided in this
section, each activity of the President or the Secretary under this
section shall be considered to be a preliminary decisionmaking activity.
No such activity shall require the preparation of an environmental
impact statement under section 102(2)(C) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332(2)(C)), or to require any
environmental review under subparagraph (E) or (F) of section 102( 2) of
such Act.
(f) Timely Site Characterization.-Nothing in this section may be
construed as prohibiting the Secretary from continuing ongoing or
presently planned site characterization at any site on Department of
Energy land for which the location of the principal borehole has been
approved by the Secretary by August 1, 1982, except that (1) the
environmental assessment described in subsection (b)(1) shall be
prepared and made available to the public before proceeding to sink
shafts at any such site; and (2) the Secretary shall not continue site
characterization at any such site unless such site is among the
candidate sites recommended by the Secretary under the first sentence of
subsection (b) for site characterization and approved by the President
under subsection (c); and (3) the Secretary shall conduct public
hearings under 113(b)(2) and comply with requirements under section 117
of this Act within one year of the date of enactment.
Sec. 113. // 42 USC 10133. // (a) In General.-The Secretary shall
carry out, in accordance with the provisions of this section,
appropriate site characterization activities beginning with the
candidate sites that have been approved under section 112 and are
located in various geologic media. The Secretary shall consider fully
the comments received under subsection (b)(2) and section 112(b)(2) and
shall, to the maximum extent practicable and in consultation with the
Governor of the State involved or the governing body of the affected
Indian tribe involved, conduct site characterization activities in a
manner that minimizes any significant adverse environmental impacts
identified in such comments or in the environmental assessment submitted
under subsection (b)(1).
(b) Commission and States.-(1) Before proceeding to sink shafts at
any candidate site, the Secretary shall submit for such candidate site
to the Commission and to either the Governor and legislature of the
State in which such candidate site is located, or the governing body of
the affected Indian tribe on whose reservation such candidate site is
located, as the case may be, for their review and comment--,
(A) a general plan for site characterization activities to be
conducted at such candidate site, which plan shall include--,
activities,
including the following: the extent of planned
excavations,
plans for any onsite testing with radioactive or
nonradioactive
material, plans for any investigation activities that
may affect the capability of such candidate site to
isolate
high-level radioactive waste and spent nuclear fuel, and
plans to control any adverse, safety-related impacts
from
such site characterization activities;
significant
adverse environmental impacts caused by site
characterization
activities if it is determined unsuitable for
application
for a construction authorization for a repository;
such
candidate site for the location of a repository,
developed
pursuant to section 112(a); and
(B) a description of the possible form or packaging for the
high-level radioactive waste and spent nuclear fuel to be emplaced
in such repository, a description, to the extent practicable, of
the relationship between such waste form or packaging and the
geologic medium of such site, and a description of the activities
being conducted by the Secretary with respect to such possible
waste form or packaging or such relationship; and
(C) a conceptual repository design that takes into account
likely site-specific requirements.
(2) Before proceeding to sink shafts at any candidate site, the
Secretary shall (A) make available to the public the site
characterization plan described in paragraph (1); and (B) hold public
hearings in the vicinity of such candidate site to inform the residents
of the area in which such candidate site is located of such plan, and to
receive their comments.
(3) During the conduct of site characterization activities at a
candidate site, the Secretary shall report not less than once every 6
months to the Commission and to either the Governor and legislature of
the State in which such candidate site is located, or the governing body
of the affected Indian tribe where such candidate site is located, as
the case may be, on the nature and extent of such activities and the
information developed from such activities.
(c) Restrictions.-(1) The Secretary may conduct at any candidate site
only such site characterization activities as the Secretary considers
necessary to provide the data required for evaluation of the suitability
of such candidate site for an application to be submitted to the
Commission for a construction authorization for a repository at such
candidate site, and for compliance with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(2) In conducting site characterization activities--,
(A) the Secretary may not use any radioactive material at a
candidate site unless the Commission concurs that such use is
necessary to provide data for the preparation of the required
environmental reports and an application for a construction
authorization for a repository at such candidate site; and
(B) if any radioactive material is used at a candidate site--,
a
repository, but in no event more than the curie
equivalent
of 10 metric tons of spent nuclear fuel; and
(3) If site characterization activities are terminated at a candidate
site for any reason, the Secretary shall (A) notify the Congress, the
Governors and legislatures of all States in which candidate sites are
located, and the governing bodies of all affected Indian tribes where
candidate sites are located, of such termination and the reasons for
such termination; and (B) remove any high-level radioactive waste,
spent nuclear fuel, or other radioactive materials at or in such
candidate site as promptly as practicable.
(4) If a site is determined to be unsuitable for application for a
construction authorization for a repository, the Secretary shall take
reasonable and necessary steps to reclaim the site and to mitigate any
significant adverse environmental impacts caused by site
characterization activities.
(d) Preliminary Activities.-Each activity of the Secretary under this
section that is in compliance with the provisions of subsection (c)
shall be considered a preliminary decisionmaking activity. No such
activity shall require the preparation of an environmental impact
statement under section 102(2)(C) of the National Environmental Policy
Act of 1969 (42 U.S.C. 4332(2)(C)), or to require any environmental
review under subparagraph (E) or (F) of section 102(2) of such Act.
Sec. 114. // 42 USC 10134. // (a) Hearings and Presidential
Recommendation.-(1) The Secretary shall hold public hearings in the
vicinity of each site under consideration for recommendation to the
President under this paragraph as a site for the development of a
repository, for the purposes of informing the residents of the area in
which such site is located of such consideration and receiving their
comments regarding the possible recommendation of such site. If, upon
completion of such hearing and completion of site characterization
activities at not less than 3 candidate sites for the first proposed
repository, or from all of the characterized sites for the development
of subsequent respositories, under section 113, the Secretary decides to
recommend approval of such site to the President, the Secretary shall
notify the Governor and legislature of the State in which such site is
located, or the governing body of the affected Indian tribe where such
site is located, as the case may be, of such decision. No sooner than
the expiration of the 30-day period following such notification, the
Secretary shall submit to the President a recommendation that the
President approve such site for the development of a repository. Any
such recommendation by the Secretary shall be based on the record of
information developed by the Secretary under section 113 and this
section, including the information described in subparagraph (A) through
subparagraph (G). In making site recommendations and approvals
subsequent to the first site recommendation, the Secretary and the
President, respectively, shall also consider the need for regional
distribution of repositories and the need to minimize, to the extent
practicable, the impacts and cost of transporting spent fuel and
solidified high-level radioactive waste. Together with any
recommendation of a site under this paragraph, the Secretary shall make
available to the public, and submit to the President, a comprehensive
statement of the basis of such recommendation, including the following:
(A) a description of the proposed repository, including
preliminary engineering specifications for the facility;
(B) a description of the waste form or packaging proposed for
use at such repository, and an explanation of the relationship
between such waste form or packaging and the geologic medium of
such site;
(C) a discussion of date, obtained in site characterization
activities, relating to the safety of such site;
(D) a final environmental impact statement prepared pursuant to
subsection (f) and the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), including an analysis of the
consideration given by the Secretary to not less than 3 candidate
sites for the first proposed respository or to all of the
characterized sites for the development of subsequent
repositories, with respect to which site characterization is
completed under section 113, together with comments made
concerning such environmental impact statement by the Secretary of
the Interior, the Council on Environmental Quality, the
Administrator, and the Commission, except that any such
environmental impact statement concerning the first repository to
be developed under this Act shall not be required to consider the
need for a repository or the alternatives to geologic disposal;
(E) preliminary comments of the Commission concerning the
extent to which the at-depth site characterization analysis and
the waste form proposal for such site seem to be sufficient for
inclusion in any application to be submitted by the Secretary for
licensing of such site as a repository;
(F) the views and comments of the Governor and legislature of
any State, or the governing body of any affected Indian tribe, as
determined by the Secretary, together with the response of the
Secretary to such views;
(G) such other information as the Secretary considers
appropriate; and
(H) any impact report submitted under section 116(c)(2)(B) by
the State in which such site is loccated, or under section 118(
b)(3)(B) by the affected Indian tribe where such site is located,
as the case may be.
(2)(A) Not later than March 31, 1987, the President shall submit to
the Congress a recommendation of one site from the three sites initially
characterized that the President considers qualified for application for
a construction authorization for a repository. Not later than March 31,
1990, the President shall submit to the Congress a recommendation of a
second site from any sites already characterized that the President
considers qualified for a construction authorization for a second
repository. The President shall submit with such recommendation a copy
of the report for such site prepared by the Secretary under paragraph
(1). After submission of the second such recommendation, the President
may submit to the Congress recommendations for other sites, in accorance
with the provisions of this subtitle.
(B) The President may extend the deadlines described in subparagraph
(A) by not more than 12 months if, before March 31, 1986, for the first
site, and March 31, 1989, for the second site, (i) the President
determines that such extension is necessary; and (ii) transmits to the
Congress a report setting forth the reasons for such extension.
(3) If approval of any such site recommendation does not take effect
as a result of a disapproval by the Governor or legislature of a State
under section 116 or the governing body of an affected Indian tribe
under section 118, the President shall submit to the Congress, not later
than 1 year after the disapproval of such recommendation, a
recommendation of another site for the first or subsequent repository.
(4)(A) The President may not recommend the approval of any site under
this subsection unless the Secretary has recommended to the President
under paragraph (1) approval of such site and has submitted to the
President a report for such site as required under such paragraph.
(B) No recommendation of a site by the President under this
subsection shall require the preparation of an environmental impact
statement under section 102(2)(C) of the National Environmental Policy
Act of 1969 (42 U.S.C. 4332(2)(C)), or to require any environmental
review under subparagraph (E) or (F) of section 102(2) of such Act.
(b) Submission of Application.-If the President recommends to the
Congress a site for a repository under subsection (a) and the site
designation is permitted to take effect under section 115, the Secretary
shall submit to the Commission an application for a construction
authorization for a repository at such site not later than 90 days after
the date on which the recommendation of the site designation is
effective under such section and shall provide to the Governor and
legislature of the State in which such site is located, or the governing
body of the affected Indian tribe where such site is located, as the
case may be, a copy of such application.
(c) Status Report on Application.-Not later than 1 year after the
date on which an application for a construction authorization is
submitted under subsection (b), and annually thereafter until the date
on which such authorization is granted, the Commission shall submit a
report to the Congress describing the proceedings undertaken through the
date of such report with regard to such application, including a
description of--,
(1) any major unresolved safety issues, and the explanation of
the Secretary with respect to design and operation plans for
resolving such issues;
(2) any matters of contention regarding such application; and
(3) any Commission actions regarding the granting or denial of
such authorization.
(d) Commission Action.-The Commission shall consider an application
for a construction authorization for all or part of a repository in
accordance with the laws applicable to such applications, except that
the Commission shall issue a final decision approving or disapproving
the issuance of a construction authorization not later than--,
(1) January 1, 1989, for the first such application, and
January 1, 1992, for the second such application; or
(2) the expiration of 3 years after the date of the submission
of such application, except that the Commission may extend such
deadline by not more than 12 months if, not less than 30 days
before such deadline, the Commission complies with the reporting
requirements established in subsection (e)(2);
whichever occurs later. The Commission decision approving the first
such application shall prohibit the emplacement in the first repository
of a quantity of spent fuel containing in excess of 70,000 metric tons
of heavy metal or a quantity of solidified high-level radioactive waste
resulting from the reprocessing of such a quantity of spent fuel until
such time as a second repository is in operation. In the event that a
monitored retrievable storage facility, approved pursuant to subtitle C
of this Act, shall be located, or is planned to be located, within 50
miles of the first repository, then the Commission decision approving
the first such application shall prohibit the emplacement of a quantity
of spent fuel containing in excess of 70,000 metric tons of heavy metal
or a quantity of solidified high--, level radioactive waste resulting
from the reprocessing of spent fuel in both the repository and monitored
retrievable storage facility until such time as a second repository is
in operation.
(e) Project Decision Schedule.-(1) The Secretary shall prepare and
update, as appropriate, in cooperation with all affected Federal
agencies, a project decision schedule that portrays the optimum way to
attain the operation of the repository involved, within the time periods
specified in this subtitle. Such schedule shall include a description
of objectives and a sequence of deadlines for all Federal agencies
required to take action, including an identification of the activities
in which a delay in the start, or completion, of such activities will
cause a delay in beginning repository operation.
(2) Any Federal agency that determines that it cannot comply with any
deadline in the project decision schedule, or fails to so comply, shall
submit to the Secretary and to the Congress a written report explaining
the reason for its failure or expected failure to meet such deadline,
the reason why such agency could not reach an agreement with the
Secretary, the estimated time for completion of the activity or
activities involved, the associated effect on its other deadlines in the
project decision schedule, and any recommendations it may have or
actions it intends to take regarding any improvements in its operation
or organization, or changes to its statutory directives or authority, so
that it will be able to mitigate the delay involved. The Secretary,
within 30 days after receiving any such report, shall file with the
Congress his response to such report, including the reasons why the
Secretary could not amend the project decision schedule to accommodate
the Federal agency involved.
(f) Environmental Impact Statement.-Any recommendation made by the
Secretary under this section shall be considered a major Federal action
significantly affecting the quality of the human environment for
purposes of the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.). A final environmental impact statement prepared by the
Secretary under such Act shall accompany any recommendation to the
President to approve a site for a repository. With respect to the
requirements imposed by the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), compliance with the procedures and
requirements of this Act shall be deemed adequate consideration of the
need for a repository, the time of the initial availability of a
repository, and all alternatives to the isolation of high-level
radioactive waste and spent nuclear fuel in a repository. For purposes
of complying with the requirements of the National Environmental Policy
Act of 1969 (42 U.S.C. 1321 et seq.) // 42 USC 4321. // and this
section, the Secretary shall consider as alternate sites for the first
repository to be developed under this subtitle 3 candidate sites with
respect to which (1) site characterization has been completed under
section 113; and (2) the Secretary has made a preliminary
determination, that such sites are suitable for development as
respositories consistent with the guidelines promulgated under section
112(a). The Secretary shall consider as alternative sites for
subsequent repositories at least three of the remaining sites
recommended by the Secretary by January 1, 1985, and by July 1, 1989,
pursuant to section 112(b) and approved by the President for site
characterization pursuant to section 112(c) for which (1) site
characterization has been completed under section 113; and (2) the
Secretary has made a preliminary determination that such sites are
suitable for development as respositories consistent with the guidelines
promulgated under section 112(a). Any environmental impact statement
prepared in connection with a repository proposed to be constructed by
the Secretary under this subtitle shall, to the extent practicable, be
adopted by the Commission in connection with the issuance by the
Commission of a construction authorization and license for such
repository. To the extent such statement is adopted by the Commission,
such adoption shall be deemed to also satisfy the responsibilities of
the Commission under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and no further consideration shall be required,
except that nothing in this subsection shall affect any independent
responsibilities of the Commission to protect the public health and
safety under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.).
Nothing in this Act shall be construed to amend or otherwise detract
from the licensing requirements of the Nucler Regulatory Commission as
established in title II of the Energy Reorganization Act of 1974 (Public
Law 93 - 438). // 42 USC 5841. // In any such statement prepared with
respect to the first repository to be constructed under this subtitle,
the need for a repository or nongeologic alternatives to the site of
such repository shall not be considered.
Sec. 115. // 42 USC 10135. // (a) Definition.-For purposes of this
section, the term "resolution of repository siting approval" means a
joint resolution of the Congress, the matter after the resolving clause
of which is as follows: " That there hereby is approved the site
at..........for a repository, with respect to which a notice of
disapproval was submitted by..........on...........". The first blank
space in such resolution shall be filled with the name of the geographic
location of the proposed site of the repository to which such resolution
pertains; the second blank space in such resolution shall be filled
with the designation of the State Governor and legislature or Indian
tribe governing body submitting the notice of disapproval to which such
resolution pertains; and the last blank space in such resolution shall
be filled with the date of such submission.
(b) State or Indian Tribe Petitions.-The designation of a site as
suitable for application for a construction authorization for a
repository shall be effective at the end of the 60-day period beginning
on the date that the President recommends such site to the Congress
under section 114, unless the Governor and legislature of the State in
which such site is located, or the governing body of an Indian tribe on
whose reservation such site is located, as the case may be, has
submitted to the Congress a notice of disapproval under section 116 or
118. If any such notice of disapproval has been submitted, the
designation of such site shall not be effective except as provided under
subsection (c).
(c) Congressional Review of Petitions.-If any notice of disapproval
of a repository site designation has been submitted to the Congress
under section 116 or 118 after a recommendation for approval of such
site is made by the President under section 114, such site shall be
disapproved unless, during the first period of 90 calendar days of
continuous session of the Congress after the date of the receipt by the
Congress of such notice of disapproval, the Congress passes a resolution
of repository siting approval in accordance with this subsection
approving such site, and such resolution thereafter becomes law.
(d) Procedures Applicable to the Senate.-(1) The provisions of this
subsection are enacted by the Congress--,
(A) as an exercise of the rulemaking power of the Senate, and
as such they are deemed a part of the rules of the Senate, but
applicable only with respect to the procedure to be followed in
the Senate in the case of resolutions of repository siting
approval, and such provisions supersede other rules of the Senate
only to the extent that they are inconsistent with such other
rules; and
(B) with full recognition of the constitutional right of the
Senate to change the rules (so far as relating to the procedure of
the Senate) at any time, in the same manner and to the same extent
as in the case of any other rule of the Senate.
(2)(A) Not later than the first day of session following the day on
which any notice of disapproval of a repository site selection is
submitted to the Congress under section 116 or 118, a resolution of
repository siting approval shall be introduced (by request) in the
Senate by the chairman of the committee to which such notice of
disapproval is referred, or by a Member or Members of the Senate
designated by such chairman.
(B) Upon introduction, a resolution of repository siting approval
shall be referred to the appropriate committee or committees of the
Senate by the President of the Senate, and all such resolutions with
respect to the same repository site shall be referred to the same
committee or committees. Upon the expiration of 60 calendar days of
continuous session after the introduction of the first resolution of
repository siting approval with respect to any site, each committee to
which such resolution was referred shall make its recommendations to the
Senate.
(3) If any committee to which is referred a resolution of siting
approval introduced under paragraph (2)(A), or, in the absence of such a
resolution, any other resolution of siting approval introduced with
respect to the site involved, has not reported such resolution at the
end of 60 days of continuous session of Congress after introduction of
such resolution, such committee shall be deemed to be discharged from
further consideration of such resolution, and such resolution shall be
placed on the appropriate calendar of the Senate.
(4)(A) When each committee to which a resolution of siting approval
has been referred has reported, or has been deemed to be discharged from
further consideration of, a resolution described in paragraph (3), it
shall at any time thereafter be in order (even though a previous motion
to the same effect has been disagreed to) for any Member of the Senate
to move to proceed to the consideration of such resolution. Such motion
shall be highly privileged and shall not be debatable. Such motion
shall not be subject to amendment, to a motion to postpone, or to a
motion to proceed to the consideration of other business. A motion to
reconsider the vote by which such motion is agreed to or disagreed to
shall not be in order. If a motion to proceed to the consideration of
such resolution is agreed to, such resolution shall remain the
unfinished business of the Senate until disposed of.
(B) Debate on a resolution of siting approval, and on all debatable
motions and appeals in connection with such resolution, shall be limited
to not more than 10 hours, which shall be divided equally between
Members favoring and Members opposing such resolution. A motion further
to limit debate shall be in order and shall not be debatable. Such
motion shall not be subject to amendment, to a motion to postpone, or to
a motion to proceed to the consideration of other business, and a motion
to recommit such resolution shall not be in order. A motion to
reconsider the vote by which such resolution is agreed to or disagreed
to shall not be in order.
(C) Immediately following the conclusion of the debate on a
resolution of siting approval, and a single quorum call at the
conclusion of such debate if requested in accordance with the rules of
the Senate, the vote on final approval of such resolution shall occur.
(D) Appeals from the decisions of the Chair relating to the
application of the rules of the Senate to the procedure relating to a
resolution of siting approval shall be decided without debate.
(5) If the Senate receives from the House a resolution of repository
siting approval with respect to any site, then the following procedure
shall apply:
(A) The resolution of the House with respect to such site shall
not be referred to a committee.
(B) With respect to the resolution of the Senate with respect
to such site--,
same as
if no resolution from the House with respect to such
site
had been received; but
identical
shall be automatically substituted for the resolution
of the
Senate.
(e) Procedures Applicable to the House of Representatives.--, (1) The
provisions of this section are enacted by the Congress--,
(A) as an exercise of the rulemaking power of the House of
Representatives, and as such they are deemed a part of the rules
of the House, but applicable only with respect to the procedure to
be followed in the House in the case of resolutions of repository
siting approval, and such provisions supersede other rules of the
House only to the extent that they are inconsistent with such
other rules; and
(B) with full recognition of the constitutional right of the
House to change the rules (so far as relating to the procedure of
the House) at any time, in the same manner and to the same extent
as in the case of any other rule of the House.
(2) Resolutions of repository siting approval shall upon
introduction, be immediately referred by the Speaker of the House to the
appropriate committee or committees of the House. Any such resolution
received from the Senate shall be held at the Speaker's table.
(3) Upon the expiration of 60 days of continuous session after the
introduction of the first resolution of repository siting approval with
respect to any site, each committee to which such resolution was
referred shall be discharged from further consideration of such
resolution, and such resolution shall be referred to the appropriate
calendar, unless such resolution or an identical resolution was
previously reported by each committee to which it was referred.
(4) It shall be in order for the Speaker to recognize a Member
favoring a resolution to call up a resolution of repository siting
approval after it has been on the appropriate calendar for 5 legislative
days. When any such resolution is called up, the House shall proceed to
its immediate consideration and the Speaker shall recognize the Member
calling up such resolution and a Member opposed to such resolution for 2
hours of debate in the House, to be equally divided and controlled by
such Members. When such time has expired, the previous question shall
be considered as ordered on the resolution to adoption without
intervening motion. No amendment to any such resolution shall be in
order, nor shall it be in order to move to reconsider the vote by which
such resolution is agreed to or disagreed to.
(5) If the House receives from the Senate a resolution of repository
siting approval with respect to any site, then the following procedure
shall apply:
(A) The resolution of the Senate with respect to such site
shall not be referred to a committee.
(B) With respect to the resolution of the House with respect to
such site--,
same as if
no resolution from the Senate with respect to such
site had
been received; but
identical
shall be automatically substituted for the resolution
of the
House.
(f) Computation of Days.-For purposes of this section--,
(1) continuity of session of Congress is broken only by an
adjournment sine die; and
(2) the days on which either House is not in session because of
an adjournment of more than 3 days to a day certain are excluded
in the computation of the 90-day period referred to in subsection
(c) and the 60-day period referred to in subsections (d) and (e).
(g) Information Provided to Congress.-In considering any notice of
disapproval submitted to the Congress under section 116 or 118, the
Congress may obtain any comments of the Commission with respect to such
notice of disapproval. The provision of such comments by the Commission
shall not be construed as binding the Commission with respect to any
licensing or authorization action concerning the repository involved.
Sec. 116. // 42 USC 10136. // (a) Notification of States and
Affected Tribes.-The Secretary shall identify the States with one or
more potentially acceptable sites for a repository within 90 days after
the date of enactment of this Act. Within 90 days of such
identification, the Secretary shall notify the Governor, the State
legislature, and the tribal council of any affected Indian tribe in any
State of the potentially acceptable sites within such State. For the
purposes of this title, the term "potentially acceptable site" means any
site at which, after geologic studies and field mapping but before
detailed geologic data gathering, the Department undertakes preliminary
drilling and geophysical testing for the definition of site location.
(b) State Participation in Repository Siting Decisions.-(1) Unless
otherwise provided by State law, the Governor or legislature of each
State shall have authority to submit a notice of disapproval to the
Congress under paragraph (2). In any case in which State law provides
for submission of any such notice of disapproval by any other person or
entity, any reference in this subtitle to the Governor or legislature of
such State shall be considered to refer instead to such other person or
entity.
(2) Upon the submission by the President to the Congress of a
recommendation of a site for a repository, the Governor or legislature
of the State in which such site is located may disapprove the site
designation and submit to the Congress a notice of disapproval. Such
Governor or legislature may submit such a notice of disapproval to the
Congress not later than the 60 days after the date that the President
recommends such site to the Congress under section 114. A notice of
disapproval shall be considered to be submitted to the Congress on the
date of the transmittal of such notice of disapproval to the Speaker of
the House and the President pro tempore of the Senate. Such notice of
disapproval shall be accompanied by a statement of reasons explaining
why such Governor or legislature disapproved the recommended repository
site involved.
(3) The authority of the Governor or legislature of each State under
this subsection shall not be applicable with respect to any site located
on a reservation.
(c) Financial Assistance.-(1)(A) The Secretary shall make grants to
each State notified under subsection (a) for the purpose of
participating in activities required by sections 116 and 117 or
authorized by written agreement entered into pursuant to subsection
117(c). Any salary or travel expense that would ordinarily be incurred
by such State, or by any political subdivision of such State, may not be
considered eligible for funding under this paragraph.
(B) The Secretary shall make grants to each State in which a
candidate site for a repository is approved under section 112(c). Such
grants may be made to each such State only for purposes of enabling such
State--,
(i) to review activities taken under this subtitle with respect
to such site for purposes of determining any potential economic,
social, public health and safety, and environmental impacts of
such repository on the State and its residents;
(ii) to develop a request for impact assistance under paragraph
(2);
(iii) to engage in any monitoring, testing, or evaluation
activities with respect to site characterization programs with
regard to such site;
(iv) to provide information to its residents regarding any
activities of such State, the Secretary, or the Commission with
respect to such site; and
(v) to request information from, and make comments and
recommendations to, the Secretary regarding any activities taken
under this subtitle with respect to such site.
(C) Any salary or travel expense that would ordinarily be incurred by
such State, or by any political subdivision of such State, may not be
considered eligible for funding under this paragraph.
(2)(A) The Secretary shall provide financial and technical assistance
to any State requesting such assistance in which there is a site with
respect to which the Commission has authorized construction of a
repository. Such assistance shall be designed to mitigate the impact on
such State of the development of such repository. Such assistance to
such State shall commence within 6 months following the granting by the
Commission of a construction authorization for such repository and
following the initiation of construction activities at such site.
(B) Any State desiring assistance under this paragraph shall prepare
and submit to the Secretary a report on any economic, social, public
health and safety, and environmental impacts that are likely as a result
of the development of a repository at a site in such State. Such report
shall be submitted to the Secretary following the completion of site
characterization activities at such site and before the recommendation
of such site to the President by the Secretary for application for a
construction authorization for a repository. As soon as practicable
following the granting of a construction authorization for such
repository, the Secretary shall seek to enter into a binding agreement
with the State involved setting forth the amount of assistance to be
provided to such State under this paragraph and the procedures to be
followed in providing such assistance.
(3) The Secretary shall also grant to each State and unit of general
local government in which a site for a repository is approved under
section 112(c) an amount each fiscal year equal to the amount such State
and unit of general local government, respectively, would receive were
they authorized to tax site characterization activities at such site,
and the development and operation of such repository, as such State and
unit of general local government tax the other real property and
industrial activities occurring within such State and unit of general
local government. Such grants shall continue until such time as all
such activities, development, and operation are terminated at such site.
(4)(A) A State may not receive any grant under paragraph (1) after
the expiration of the 1-year period following--,
(i) the date on which the Secretary notifies the Governor and
legislature of the State involved of the termination of site
characterization activities at the candidate site involved in such
State;
(ii) the date on which the site in such State is disapproved
under section 115; or
(iii) the date on which the Commission disapproves an
application for a construction authorization for a repository at
such site;
whichever occurs first, unless there is another candidate site in the
State approved under section 112(c) with respect to which the actions
described in clauses (i), (ii), and (iii) have not been taken.
(B) A State may not receive any further assistance under paragraph
(2) with respect to a site if repository construction activities at such
site are terminated by the Secretary or if such activities are
permanently enjoined by any court.
(C) At the end of the 2-year period beginning on the effective date
of any license to receive and possess for a repository in a State, no
Federal funds shall be made available to such State under paragraph (1)
or (2), except for--,
(i) such funds as may be necessary to support State activities
related to any other repository located in, or proposed to be
located in, such State, and for which a license to receive and
possess has not been in effect for more than 1 year; and
(ii) such funds as may be necessary to support State activities
pursuant to agreements or contracts for impact assistance entered
into, under paragraph (2), by such State with the Secretary during
such 2-year period.
(5) Financial assistance authorized in this subsection shall be made
out of amounts held in the Nuclear Waste Fund established in section
302.
(d) Additional Notification and Consultation.-Whenever the Secretary
is required under any provision of this Act to notify or consult with
the governing body of an affected Indian tribe where a site is located,
the Secretary shall also notify or consult with, as the case may be, the
Governor of the State in which such reservation is located.
Sec. 117. // 42 USC 10137. // (a) Provision of Information.-(1) The
Secretary, the Commission, and other agencies involved in the
construction, operation, or regulation of any aspect of a repository in
a State shall provide to the Governor and legislature of such State, and
to the governing body of any affected Indian tribe, timely and complete
information regarding determinations or plans made with respect to the
site characterization siting, development, design, licensing,
construction, operation, regulation, or decommissioning of such
repository.
(2) Upon written request for such information by the Governor or
legislature of such State, or by the governing body of any affected
Indian tribe, as the case may be, the Secretary shall provide a written
response to such request within 30 days of the receipt of such request.
Such response shall provide the information requested or, in the
alternative, the reasons why the information cannot be so provided. If
the Secretary fails to so respond within such 30 days, the Governor or
legislature of such State, or the governing body of any affected Indian
tribe, as the case may be, may transmit a formal written objection to
such failure to respond to the President. If the President or Secretary
fails to respond to such written request within 30 days of the receipt
by the President of such formal written objection, the Secretary shall
immediately suspend all activities in such State authorized by this
subtitle, and shall not renew such activities until the Governor or
legislature of such State, or the governing body of any affected Indian
tribe, as the case may be, has received the written response to such
written request required by this subsection.
(b) Consultation and Cooperation.-In performing any study of an area
within a State for the purpose of determining the suitability of such
area for a repository pursuant to section 112(c), and in subsequently
developing and loading any repository within such State, the Secretary
shall consult and cooperate with the Governor and legislature of such
State and the governing body of any affected Indian tribe in an effort
to resolve the concerns of such State and any affected Indian tribe
regarding the public health and safety, environmental, and economic
impacts of any such repository. In carrying out his duties under this
subtitle, the Secretary shall take such concerns into account to the
maximum extent feasible and as specified in written agreements entered
into under subsection (c).
(c) Written Agreement.-Not later than 60 days after (1) the approval
of a site for site characterization for such a repository under section
112(c), or (2) the written request of the State or Indian tribe in any
affected State notified under section 116(a) to the Secretary,
whichever, first occurs, the Secretary shall seek to enter into a
binding written agreement, and shall begin negotiations, with such State
and, where appropriate, to enter into a separate binding agreement with
the governing body of any affected Indian tribe, setting forth (but not
limited to) the procedures under which the requirements of subsections
(a) and (b), and the provisions of such written agreement, shall be
carried out. Any such written agreement shall not affect the authority
of the Commission under existing law. Each such written agreement
shall, to the maximum extent feasible, be completed not later than 6
months after such notification. If such written agreement is not
completed within such period, the Secretary shall report to the Congress
in writing within 30 days on the status of negotiations to develop such
agreement and the reasons why such agreement has not been completed.
Prior to submission of such report to the Congress, the Secretary shall
transmit such report to the Governor of such State or the governing body
of such affected Indian tribe, as the case may be, for their review and
comments. Such comments shall be included in such report prior to
submission to the Congress. Such written agreement shall specify
procedures--,
(1) by which such State or governing body of an affected Indian
tribe, as the case may be, may study, determine, comment on, and
make recommendations with regard to the possible public health and
safety, environmental, social, and economic impacts of any such
repository;
(2) by which the Secretary shall consider and respond to
comments and recommendations made by such State or governing body
of an affected Indian tribe, including the period in which the
Secretary shall so respond;
(3) by which the Secretary and such State or governing body of
an affected Indian tribe may review or modify the agreement
periodically;
(4) by which such State or governing body of an affected Indian
tribe is to submit an impact report and request for impact
assistance under section 116(c) or section 118(b), as the case may
be;
(5) by which the Secretary shall assist such State, and the
units of general local government in the vicinity of the
repository site, in resolving the offsite concerns of such State
and units of general local government, including, but not limited
to, questions of State liability arising from accidents, necessary
road upgrading and access to the site, ongoing emergency
preparedness and emergency response, monitoring of transportation
of high-level radioactive waste and spent nuclear fuel through
such State, conduct of baseline health studies of inhabitants in
neighboring communities near the repository site and reasonable
periodic monitoring thereafter, and monitoring of the repository
site upon any decommissioning and decontamination;
(6) by which the Secretary shall consult and cooperate with
such State on a regular, ongoing basis and provide for an orderly
process and timely schedule for State review and evaluation,
including identification in the agreement of key events,
milestones, and decision points in the activities of the Secretary
at the potential repository site;
(7) by which the Secretary shall notify such State prior to the
transportation of any high-level radioactive waste and spent
nuclear fuel into such State for disposal at the repository site;
(8) by which such State may conduct reasonable independent
monitoring and testing of activities on the repository site,
except that such monitoring and testing shall not unreasonably
interfere with or delay onsite activities;
(9) for sharing, in accordance with applicable law, of all
technical and licensing information, the utilization of available
expertise, the facilitating of permit procedures, joint project
review, and the formulation of joint surveillance and monitoring
arrangements to carry out applicable Federal and State laws;
(10) for public notification of the procedures specified under
the preceding paragraphs; and
(11) for resolving objections of a State and affected Indian
tribes at any stage of the planning, siting, development,
construction, operation, or closure of such a facility within such
State through negotiation, arbitration, or other appropriate
mechanisms.
Sec. 118. // 42 USC 10138. // (a) Participation of Indian Tribes in
Repository Siting Decisions.-Upon the submission by the President to the
Congress of a recommendation of a site for a repository located on the
reservation of an affected Indian tribe, the governing body of such
Indian tribe may disapprove the site designation and submit to the
Congress a notice of disapproval. The governing body of such Indian
tribe may submit such a notice of disapproval to the Congress not later
than the 60 days after the date that the President recommends such site
to the Congress under section 114. A notice of disapproval shall be
considered to be submitted to the Congress on the date of the
transmittal of such notice of disapproval to the Speaker of the House
and the President pro tempore of the Senate. Such notice of disapproval
shall be accompanied by a statement of reasons explaining why the
governing body of such Indian tribe disapproved the recommended
repository site involved.
(b) Financial Assistance.-(1) The Secretary shall make grants to each
affected tribe notified under section 116(a) for the purpose of
participating in activities required by section 117 or authorized by
written agreement entered into pursuant to section 117(c). Any salary
or travel expense that would ordinarily be incurred by such tribe, may
not be considered eligible for funding under this paragraph.
(2)(A) The Secretary shall make grants to each affected Indian tribe
where a candidate site for a repository is approved under section 112(
c). Such grants may be made to each such Indian tribe only for purposes
of enabling such Indian tribe--,
(i) to review activities taken under this subtitle with respect
to such site for purposes of determining any potential economic,
social, public health and safety, and environmental impacts of
such repository on the reservation and its residents;
(ii) to develop a request for impact assistance under paragraph
(2);
(iii) to engage in any monitoring, testing, or evaluation
activities with respect to site characterization programs with
regard to such site;
(iv) to provide information to the residents of its reservation
regarding any activities of such Indian tribe, the Secretary, or
the Commission with respect to such site; and
(v) to request information from, and make comments and
recommendations to, the Secretary regarding any activities taken
under this subtitle with respect to such site.
(B) The amount of funds provided to any affected Indian tribe under
this paragraph in any fiscal year may not exceed 100 percent of the
costs incurred by such Indian tribe with respect to the activities
described in clauses (i) through (v) of subparagraph (A). Any salary or
travel expense that would ordinarily be incurred by such Indian tribe
may not be considered eligible for funding under this paragraph.
(3)(A) The Secretary shall provide financial and technical assistance
to any affected Indian tribe requesting such assistance and where there
is a site with respect to which the Commission has authorized
construction of a repository. Such assistance shall be designed to
mitigate the impact on such Indian tribe of the development of such
repository. Such assistance to such Indian tribe shall commence within
6 months following the granting by the Commission of a construction
authorization for such repository and following the initiation of
construction activities at such site.
(B) Any affected Indian tribe desiring assistance under this
paragraph shall prepare and submit to the Secretary a report on any
economic, social, public health and safety, and environmental impacts
that are likely as a result of the development of a repository at a site
on the reservation of such Indian tribe. Such report shall be submitted
to the Secretary following the completion of site characterization
activities at such site and before the recommendation of such site to
the President by the Secretary for application for a construction
authorization for a repository. As soon as practicable following the
granting of a construction authorization for such repository, the
Secretary shall seek to enter into a binding agreement with the Indian
tribe involved setting forth the amount of assistance to be provided to
such Indian tribe under this paragraph and the procedures to be followed
in providing such assistance.
(4) The Secretary shall grant to each affected Indian tribe where a
site for a repository is approved under section 112(c) an amount each
fiscal year equal to the amount such Indian tribe would receive were it
authorized to tax site characterization activities at such site, and the
development and operation of such repository, as such Indian tribe taxes
the other commercial activities occurring on such reservation. Such
grants shall continue until such time as all such activities,
development, and operation are terminated at such site.
(5) An affected Indian tribe may not receive any grant under
paragraph (1) after the expiration of the 1-year period following--,
(i) the date on which the Secretary notifies such Indian tribe
of the termination of site characterization activities at the
candidate site involved on the reservation of such Indian tribe;
(ii) the date on which such site is disapproved under section
115; or
(iii) the date on which the Commission disapproves an
application for a construction authorization for a repository at
such site;
whichever occurs first, unless there is another candidate site on the
reservation of such Indian tribe that is approved under section 112(c)
and with respect to which the actions described in clauses (i), (ii),
and (iii) have not been taken.
(B) An affected Indian tribe may not receive any further assistance
under paragraph (2) with respect to a site if repository construction
activities at such site are terminated by the Secretary or if such
activities are permanently enjoined by any court.
(C) At the end of the 2-year period beginning on the effective date
of any license to receive and possess for a repository at a site on the
reservation of an affected Indian tribe, no Federal funds shall be made
available under paragraph (1) or (2) to such Indian tribe, except for--,
(i) such funds as may be necessary to support activities of
such Indian tribe related to any other repository where a license
to receive and possess has not been in effect for more than 1
year; and
(ii) such funds as may be necessary to support activities of
such Indian tribe pursuant to agreements or contracts for impact
assistance entered into, under paragraph (2), by such Indian tribe
with the Secretary during such 2-year period.
(6) Financial assistance authorized in this subsection shall be made
out of amounts held in the Nuclear Waste Fund established in section
302.
Sec. 119. // 42 USC 10139. // (a) Jurisdiction of United States
Courts of Appeals.--, (1) Except for review in the Supreme Court of the
United States, the United States courts of appeals shall have original
and exclusive jurisdiction over any civil action--,
(A) for review of any final decision or action of the
Secretary, the President, or the Commission under this subtitle;
(B) alleging the failure of the Secretary, the President, or
the Commission to make any decision, or take any action, required
under this subtitle;
(C) challenging the constitutionality of any decision made, or
action taken, under any provision of this subtitle;
(D) for review of any environmental impact statement prepared
pursuant to the National Environmental Policy Act of 1969 (42 U.
S.C. 4321 et seq.) with respect to any action under this subtitle,
or as required under section 135(c)(1), or alleging a failure to
prepare such statement with respect to any such action;
(E) for review of any environmental assessment prepared under
section 112(b)(1) or 135(c)(2); or
(F) for review of any research and development activity under
title II.
(2) The venue of any proceeding under this section shall be in the
judicial circuit in which the petitioner involved resides or has its
principal office, or in the United States Court of Appeals for the
District of Columbia.
(c) Deadline for Commencing Action.-A civil action for judicial
review described under subsection (a)(1) may be brought not later than
the 180th day after the date of the decision or action or failure to act
involved, as the case may be, except that if a party shows that he did
not know of the decision or action complained of (or of the failure to
act), and that a reasonable person acting under the circumstances would
not have known, such party may bring a civil action not later than the
180th day after the date such party acquired actual or constructive
knowledge of such decision, action, or failure to act.
Sec. 120. // 42 USC 10140. // (a) Issuance of Authorizations.-(1) To
the extent that the taking of any action related to the site
characterization of a site or the construction or initial operation of a
repository under this subtitle requires a certificate, right-of-way,
permit, lease, or other authorization from a Federal agency or officer,
such agency or officer shall issue or grant any such authorization at
the earliest practicable date, to the extent permitted by the applicable
provisions of law administered by such agency or officer. All actions
of a Federal agency or officer with respect to consideration of
applications or requests for the issuance or grant of any such
authorization shall be expedited, and any such application or request
shall take precedence over any similar applications or requests not
related to such repositories.
(2) The provisions of paragraph (1) shall not apply to any
certificate, right-of-way, permit, lease, or other authorization issued
or granted by, or requested from, the Commission.
(b) Terms of Authorizations.-Any authorization issued or granted
pursuant to subsection (a) shall include such terms and conditions as
may be required by law, and may include terms and conditions permitted
by law.
Sec. 121. // 42 USC 10141. // (a) Environmental Protection Agency
Standards.--, Not later than 1 year after the date of the enactment of
this Act, the Administrator, pursuant to authority under other
provisions of law, shall, by rule, promulgate generally applicable
standards for protection of the general environment from offsite
releases from radioactive material in repositories.
(b) Commission Requirements and Criteria.-(1)(A) Not later than
January 1, 1984, the Commission, pursuant to authority under other
provisions of law, shall, by rule, promulgate technical requirements and
criteria that it will apply, under the Atomic Energy Act of 1954 (42
U.S.C. 2011 et seq.) and the Energy Reorganization Act of 1974 (42
U.S.C. 5801 et seq.), in approving or disapproving--,
(i) applications for authorization to construct repositories;
(ii) applications for licenses to receive and possess spent
nuclear fuel and high-level radioactive waste in such
repositories; and
(iii) applications for authorization for closure and
decommissioning of such repositories.
(B) Such criteria shall provide for the use of a system of multiple
barriers in the design of the repository and shall include such
restrictions on the retrievability of the solidified high-level
radioactive waste and spent fuel emplaced in the repository as the
Commission deems appropriate.
(C) Such requirements and criteria shall not be inconsistent with any
comparable standards promulgated by the Administrator under subsection
(a).
(2) For purposes of this Act, nothing in this section shall be
construed to prohibit the Commission from promulgating requirements and
criteria under paragraph (1) before the Administrator promulgates
standards under subsection (a). If the Administrator promulgates
standards under subsection (a) after requirements and criteria are
promulgated by the Commission under paragraph (1), such requirements and
criteria shall be revised by the Commission if necessary to comply with
paragraph (1)(C).
(c) Environmental Impact Statement.-The promulgation of standards or
criteria in accordance with the provisions of this section shall not
require the preparation of an environmental impact statement under
section 102(2)(C) of the National Environmental Policy Act of 1969 (42
U.S.C. 4332(2)(C)), or to require any environmental review under
subparagraph (E) or (F) of section 102(2) of such Act.
Sec. 122. // 42 USC 10142. // Notwithstanding any other provision of
this subtitle, any repository constructed on a site approved under this
subtitle shall be designed and constructed to permit the retrieval of
any spent nuclear fuel placed in such repository, during an appropriate
period of operation of the facility, for any reason pertaining to the
public health and safety, or the environment, or for the purpose of
permitting the recovery of the economically valuable contents of such
spent fuel. The Secretary shall specify the appropriate period of
retrievability with respect to any repository at the time of design of
such repository, and such aspect of such repository shall be subject to
approval or disapproval by the Commission as part of the construction
authorization process under subsections (b) through (d) of section 114.
Sec. 123. // 42 USC 10143. // Delivery, and acceptance by the
Secretary, of any high--, level radioactive waste or spent nuclear fuel
for a repository constructed under this subtitle shall constitute a
transfer to the Secretary of title to such waste or spent fuel.
RIGHTS
Sec. 124. // 42 USC 10144. // The Secretary shall give full
consideration to whether the development, construction, and operation of
a repository may require any purchase or other acquisition of water
rights that will have a significant adverse effect on the present or
future development of the area in which such repository is located. The
Secretary shall mitigate any such adverse effects to the maximum extent
practicable.
Sec. 125. // 42 USC 10145. // Sections 119 and 120 shall cease to
have effect at such time as a repository developed under this subtitle
is licensed to receive and possess high-level radioactive waste and
spent nuclear fuel.
Sec. 131. // 42 USC 10151. // (a) Findings.-The Congress finds
that--,
(1) the persons owning and operating civilian nuclear power
reactors have the primary responsibility for providing interim
storage of spent nuclear fuel from such reactors, by maximizing,
to the extent practical, the effective use of existing storage
facilities at the site of each civilian nuclear power reactor, and
by adding new onsite storage capacity in a timely manner where
practical;
(2) the Federal Government has the responsibility to encourage
and expedite the effective use of existing storage facilities and
the addition of needed new storage capacity at the site of each
civilian nuclear power reactor; and
(3) the Federal Government has the responsibility to provide,
in accordance with the provisions of this subtitle, not more than
1,900 metric tons of capacity for interim storage of spent nuclear
fuel for civilian nuclear power reactors that cannot reasonably
provide adequate storage capacity at the sites of such reactors
when needed to assure the continued, orderly operation of such
reactors.
(b) Purposes.-The purposes of this subtitle are--,
(1) to provide for the utilization of available spent nuclear
fuel pools at the site of each civilian nuclear power reactor to
the extent practical and the addition of new spent nuclear fuel
storage capacity where practical at the site of such reactor; and
(2) to provide, in accordance with the provisions of this
subtitle, for the establishment of a federally owned and operated
system for the interim storage of spent nuclear fuel at one or
more facilities owned by the Federal Government with not more than
1,900 metric tons of capacity to prevent disruptions in the
orderly operation of any civilian nuclear power reactor that
cannot reasonably provide adequate spent nuclear fuel storage
capacity at the site of such reactor when needed.
NUCLEAR FUEL
Sec. 132. // 42 USC 10152. // The Secretary, the Commission, and
other authorized Federal officials shall each take such actions as such
official considers necessary to encourage and expedite the effective use
of available storage, and necessary additional storage, at the site of
each civilian nuclear power reactor consistent with--,
(1) the protection of the public health and safety, and the
environment;
(2) economic considerations;
(3) continued operation of such reactor;
(4) any applicable provisions of law; and
(5) the views of the population surrounding such reactor.
Sec. 133. // 42 USC 10153. // The Commission shall, by rule,
establish procedures for the licensing of any technology approved by the
Commission under section 219(a) for use at the site of any civilian
nuclear power reactor. The establishment of such procedures shall not
preclude the licensing, under any applicable procedures or rules of the
Commission in effect prior to such establishment, of any technology for
the storage of civilian spent nuclear fuel at the site of any civilian
nuclear power reactor.
Sec. 134. // 42 USC 10154. // (a) Oral Argument.-In any Commission
hearing under section 189 of the Atomic Energy Act of 1954 (42 U.S.C.
2239) on an application for a license, or for an amendment to an
existing license, filed after the date of the enactment of this Act, to
expand the spent nuclear fuel storage capacity at the site of a civilian
nuclear power reactor, through the use of high-density fuel storage
racks, fuel rod compaction, the transshipment of spent nuclear fuel to
another civilian nuclear power reactor within the same utility system,
the construction of additional spent nuclear fuel pool capacity or dry
storage capacity, or by other means, the Commission shall, at the
request of any party, provide an opportunity for oral argument with
respect to any matter which the Commission determines to be in
controversy among the parties. The oral argument shall be preceded by
such discovery procedures as the rules of the Commission shall provide.
The Commission shall require each party, including the Commission staff,
to submit in written form, at the time of the oral argument, a summary
of the facts, data, and arguments upon which such party proposes to rely
that are known at such time to such party. Only facts and data in the
form of sworn testimony or written submission may be relied upon by the
parties during oral argument. Of the materials that may be submitted by
the parties during oral argument, the Commission shall only consider
those facts and data that are submitted in the form of sworn testimony
or written submission.
(b) Adjudicatory Hearing.-(1) At the conclusion of any oral argument
under subsection (a), the Commission shall designate any disputed
question of fact, together with any remaining questions of law, for
resolution in an adjudicatory hearing only if it determines that--,
(A) there is a genuine and substantial dispute of fact which
can only be resolved with sufficient accuracy by the introduction
of evidence in an adjudicatory hearing; and
(B) the decision of the Commission is likely to depend in whole
or in part on the resolution of such dispute.
(2) In making a determination under this subsection, the
Commission--,
(A) shall designate in writing the specific facts that are in
genuine and substantial dispute, the reason why the decision of
the agency is likely to depend on the resolution of such facts,
and the reason why an adjudicatory hearing is likely to resolve
the dispute; and
(B) shall not consider--,
operation
of any civilian nuclear power reactor already licensed
to operate at such site, or any civilian nuclear power
reactor
for which a construction permit has been granted at
such site, unless the Commission determines that any
such
issue substantially affects the design, construction,
or operation
of the facility or activity for which such license
application, authorization, or amendment is being
considered;
or
decided
by the Commission in connection with the issuance of a
construction permit or operating license for a civilian
nuclear
power reactor at such site, unless (I) such issue
results
from any revision of siting or design criteria by the
Commission
following such decision; and (II) the Commission
determines that such issue substantially affects the
design,
construction, or operation of the facility or activity
for
which such license application, authorization, or
amendment
is being considered.
(3) The provisions of paragraph (2)(B) shall apply only with respect
to licenses, authorizations, or amendments to licenses or
authorizations, applied for under the Atomic Energy Act of 1954 (42 U.
S.C. 2011 et seq.) before December 31, 2005.
(4) The provisions of this section shall not apply to the first
application for a license or license amendment received by the
Commission to expand onsite spent fuel storage capacity by the use of a
new technology not previously approved for use at any nuclear powerplant
by the Commission.
(c) Judicial Review.-No court shall hold unlawful or set aside a
decision of the Commission in any proceeding described in subsection (a)
because of a failure by the Commission to use a particular procedure
pursuant to this section unless--,
(1) an objection to the procedure used was presented to the
Commission in a timely fashion or there are extraordinary
circumstances that excuse the failure to present a timely
objection; and
(2) the court finds that such failure has precluded a fair
consideration and informed resolution of a significant issue of
the proceeding taken as a whole.
Sec. 135. // 42 USC 10155. // (a) Storage Capacity.-(1) Subject to
section 8, the Secretary shall provide, in accordance with paragraph
(5), not more than 1,900 metric tons of capacity for the storage of
spent nuclear fuel from civilian nuclear power reactors. Such storage
capacity shall be provided through any one or more of the following
methods, used in any combination determined by the Secretary to be
appropriate:
(A) use of available capacity at one or more facilities owned
by the Federal Government on the date of the enactment of this
Act, including the modification and expansion of any such
facilities, if the Commission determines that such use will
adequately protect the public health and safety, except that such
use shall not--,
or the
Energy Reorganization Act of 1974 (42 U.S.C. 5801
et seq.);
or
preparation
of an environmental impact statement under section
102(2)(C) of the National Environmental Policy Act
of 1969
(42 U.S.C. 4332(2)(C)), such facility is already
being used, or
has previously been used, for such storage or for any
similar
purpose.
(B) acquisition of any modular or mobile spent nuclear fuel
storage equipment, including spent nuclear fuel storage casks, and
provision of such equipment, to any person generating or holding
title to spent nuclear fuel, at the site of any civilian nuclear
power reactor operated by such person or at any site owned by the
Federal Government on the date of enactment of this Act;
(C) construction of storage capacity at any site of a civilian
nuclear power reactor.
(2) Storage capacity authorized by paragraph (1) shall not be
provided at any Federal or non-Federal site within which there is a
candidate site for a repository. The restriction in the preceding
sentence shall only apply until such time as the Secretary decides that
such candidate site is no longer a candidate site under consideration
for development as a repository.
(3) In selecting methods of providing storage capacity under
paragraph (1), the Secretary shall consider the timeliness of the
availability of each such method and shall seek to minimize the
transportation of spent nuclear fuel, the public health and safety
impacts, and the costs of providing such storage capacity.
(4) In providing storage capacity through any method described in
paragraph (1), the Secretary shall comply with any applicable
requirements for licensing or authorization of such method, except as
provided in paragraph (1)(A)(i).
(5) The Secretary shall ensure that storage capacity is made
available under paragraph (1) when needed, as determined on the basis of
the storage needs specified in contracts entered into under section
136(a), and shall accept upon request any spent nuclear fuel as covered
under such contracts.
(6) For purposes of paragraph (1)(A), the term "facility" means any
building or structure.
(b) Contracts.-(1) Subject to the capacity limitation established in
subsections (a) (1) and (d), the Secretary shall offer to enter into,
and may enter into, contracts under section 136(a) with any person
generating or owning spent nuclear fuel for purposes of providing
storage capacity for such spent fuel under this section only if the
Commission determines that--,
(A) adequate storage capacity to ensure the continued orderly
operation of the civilian nuclear power reactor at which such
spent nuclear fuel is generated cannot reasonably be provided by
the person owning and operating such reactor at such site, or at
the site of any other civilian nuclear power reactor operated by
such person, and such capacity cannot be made available in a
timely manner through any method described in subparagraph (B);
and
(B) such person is diligently pursuing licensed alternatives to
the use of Federal storage capacity for the storage of spent
nuclear fuel expected to be generated by such person in the
future, including--,
civilian
nuclear power reactor operated by such person;
at
the site of any civilian nuclear power reactor operated
by
such person;
reactor
owned by such person.
(2) In making the determination described in paragraph (1)(A), the
Commission shall ensure maintenance of a full core reserve storage
capability at the site of the civilian nuclear power reactor involved
unless the Commission determines that maintenance of such capability is
not necessary for the continued orderly operation of such reactor.
(3) The Commission shall complete the determinations required in
paragraph (1) with respect to any request for storage capacity not later
than 6 months after receipt of such request by the Commission.
(c) Environmental Review.-(1) The provision of 300 or more metric
tons of storage capacity at any one Federal site under subsection (a)(
1)(A) shall be considered to be a major Federal action requiring
preparation of an environmental impact statement under section 102(2)(
C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(
C)).
(2)(A) The Secretary shall prepare, and make available to the public,
an environmental assessment of the probable impacts of any provision of
less than 300 metric tons of storage capacity at any one Federal site
under subsection (a)(1)(A) that requires the modification or expansion
of any facility at the site, and a discussion of alternative activities
that may be undertaken to avoid such impacts. Such environmental
assessment shall include--,
(i) an estimate of the amount of storage capacity to be made
available at such site;
(ii) an evaluation as to whether the facilities to be used at
such site are suitable for the provision of such storage capacity;
(iii) a description of activities planned by the Secretary with
respect to the modification or expansion of the facilities to be
used at such site;
(iv) an evaluation of the effects of the provision of such
storage capacity at such site on the public health and safety, and
the environment;
(v) a reasonable comparative evaluation of current information
with respect to such site and facilities and other sites and
facilities available for the provision of such storage capacity;
(vi) a description of any other sites and facilities that have
been considered by the Secretary for the provision of such storage
capacity; and
(vii) an assessment of the regional and local impacts of
providing such storage capacity at such site, including the
impacts on transportation.
(B) The issuance of any environmental assessment under this paragraph
shall be considered to be a final agency action subject to judicial
review in accordance with the provisions of chapter 7 of title 5, United
States Code. // 5 USC 701. // Such judicial review shall be limited to
the sufficiency of such assessment with respect to the items described
in clauses (i) through (vii) of subparagraph (A).
(3) Judicial review of any environmental impact statement or
environmental assessment prepared pursuant to this subsection shall be
conducted in accordance with the provisions of section 119.
(d) Review of Sites and State Participation.-(1) In carrying out the
provisions of this subtitle with regard to any interim storage of spent
fuel from civilian nuclear power reactors which the Secretary is
authorized by section 135 to provide, the Secretary shall, as soon as
practicable, notify, in writing, the Governor and the State legislature
of any State and the Tribal Council of any affected Indian tribe in such
State in which is located a potentially acceptable site or facility for
such interim storage of spent fuel of his intention to investigate that
site or facility.
(2) During the course of investigation of such site or facility, the
Secretary shall keep the Governor, State legislature, and affected
Tribal Council currently informed of the progress of the work, and
results of the investigation. At the time of selection by the Secretary
of any site or existing facility, but prior to undertaking any site--,
specific work or alterations, the Secretary shall promptly notify the
Governor, the legislature, and any affected Tribal Council in writing of
such selection, and subject to the provisions of paragraph (6) of this
subsection, shall promptly enter into negotiations with such State and
affected Tribal Council to establish a cooperative agreement under which
such State and Council shall have the right to participate in a process
of consultation and cooperation, based on public health and safety and
environmental concerns, in all stages of the planning, development,
modification, expansion, operation, and closure of storage capacity at a
site or facility within such State for the interim storage of spent fuel
from civilian nuclear power reactors. Public participation in the
negotiation of such an agreement shall be provided for and encouraged by
the Secretary, the State, and the affected Tribal Council. The
Secretary, in cooperation with the States and Indian tribes, shall
develop and publish minimum guidelines for public participation in such
negotiations, but the adequacy of such guidelines or any failure to
comply with such guidelines shall not be a basis for judicial review.
(3) The cooperative agreement shall include, but need not be limited
to, the sharing in accordance with applicable law of all technical and
licensing information, the utilization of available expertise, the
facilitating of permitting procedures, joint project review, and the
formulation of joint surveillance and monitoring arrangements to carry
out applicable Federal and State laws. The cooperative agreement also
shall include a detailed plan or schedule of milestones, decision points
and opportunities for State or eligible Tribal Council review and
objection. Such cooperative agreement shall provide procedures for
negotiating and resolving objections of the State and affected Tribal
Council in any stage of planning, development, modification, expansion,
operation, or closure of storage capacity at a site or facility within
such State. The terms of any cooperative agreement shall not affect the
authority of the Nuclear Regulatory Commission under existing law.
(4) For purpose of this subsection, "process of consultation and
cooperation" means a methodology by which the Secretary (A) keeps the
State and eligible Tribal Council fully and currently informed about the
aspects of the project related to any potential impact on the public
health and safety and environment; (B) solicits, receives, and
evaluates concerns and objections of such State and Council with regard
to such aspects of the project on an ongoing basis; and (C) works
diligently and cooperatively to resolve, through arbitration or other
appropriate mechanisms, such concerns and objections. The process of
consultation and cooperation shall not include the grant of a right to
any State or Tribal Council to exercise an absolute veto of any aspect
of the planning, development, modification, expansion, or operation of
the project.
(5) The Secretary and the State and affected Tribal Council shall
seek to conclude the agreement required by paragraph (2) as soon as
practicable, but not later than 180 days following the date of
notification of the selection under paragraph (2). The Secretary shall
periodically report to the Congress thereafter on the status of the
agreements approved under paragraph (3). Any report to the Congress on
the status of negotiations of such agreement by the Secretary shall be
accompanied by comments solicited by the Secretary from the State and
eligible Tribal Council.
(6)(A) Upon deciding to provide an aggregate of 300 or more metric
tons of storage capacity under subsection (a)(1) at any one site, the
Secretary shall notify the Governor and legislature of the State where
such site is located, or the governing body of the Indian tribe in whose
reservation such site is located, as the case may be, of such decision.
During the 60-day period following receipt of notification by the
Secretary of his decision to provide an aggregate of 300 or more metric
tons of storage capacity at any one site, the Governor or legislature of
the State in which such site is located, or the governing body of the
affected Indian tribe where such site is located, as the case may be,
may disapprove the provision of 300 or more metric tons of storage
capacity at the site involved and submit to the Congress a notice of
such disapproval. A notice of disapproval shall be considered to be
submitted to the Congress on the date of the transmittal of such notice
of disapproval to the Speaker of the House and the President pro tempore
of the Senate. Such notice of disapproval shall be accompanied by a
statement of reasons explaining why the provision of such storage
capacity at such site was disapproved by such Governor or legislature or
the governing body of such Indian tribe.
(B) Unless otherwise provided by State law, the Governor or
legislature of each State shall have authority to submit a notice of
disapproval to the Congress under subparagraph (A). In any case in
which State law provides for submission of any such notice of
disapproval by any other person or entity, any reference in this
subtitle to the Governor or legislature of such State shall be
considered to refer instead to such other person or entity.
(C) The authority of the Governor and legislature of each State under
this paragraph shall not be applicable with respect to any site located
on a reservation.
(D) If any notice of disapproval is submitted to the Congress under
subparagraph (A), the proposed provision of 300 or more metric tons of
storage capacity at the site involved shall be disapproved unless,
during the first period of 90 calendar days of continuous session of the
Congress following the date of the receipt by the Congress of such
notice of disapproval, the Congress passes a resolution approving such
proposed provision of storage capacity in accordance with the procedures
established in this paragraph and subsections (d) through (f) of section
115 and such resolution thereafter becomes law. For purposes of this
paragraph, the term "resolution" means a joint resolution of either
House of the Congress, the matter after the resolving clause of which is
as follows: " That there hereby is approved the provision of 300 or
more metric tons of spent nuclear fuel storage capacity at the site
located at , with respect to which a notice of disapproval was submitted
by on
be filled with the geographic location of the site involved; the second
blank space in such resolution shall be filled with the designation of
the State Governor and legislature or affected Indian tribe governing
body submitting the notice of disapproval involved; and the last blank
space in such resolution shall be filled with the date of submission of
such notice of disapproval.
(E) For purposes of the consideration of any resolution described in
subparagraph (D), each reference in subsections (d) and (e) of section
115 to a resolution of repository siting approval shall be considered to
refer to the resolution described in such subparagraph.
(7) As used in this section, the term "affected Tribal Council" means
the governing body of any Indian tribe within whose reservation
boundaries there is located a potentially acceptable site for interim
storage capacity of spent nuclear fuel from civilian nuclear power
reactors, or within whose boundaries a site for such capacity is
selected by the Secretary, or whose federally defined possessory or
usage rights to other lands outside of the reservation's boundaries
arising out of congressionally ratified treaties, as determined by the
Secretary of the Interior pursuant to a petition filed with him by the
appropriate governmental officials of such tribe, may be substantially
and adversely affected by the establishment of any such storage
capacity.
(e) Limitations.-Any spent nuclear fuel stored under this section
shall be removed from the storage site or facility involved as soon as
practicable, but in any event not later than 3 years following the date
on which a repository or monitored retrievable storage facility
developed under this Act is available for disposal of such spent nuclear
fuel.
(f) Report.-The Secretary shall annually prepare and submit to the
Congress a report on any plans of the Secretary for providing storage
capacity under this section. Such report shall include a description of
the specific manner of providing such storage selected by the Secretary,
if any. The Secretary shall prepare and submit the first such report
not later than 1 year after the date of the enactment of this Act.
(g) Criteria for Determining Adequacy of Available Storage
Capacity.-Not later than 90 days after the date of the enactment of this
Act, the Commission pursuant to section 553 of the Administrative
Procedures Act, // 5 USC 553. // shall propose, by rule, procedures and
criteria for making the determination required by subsection (b) that a
person owning and operating a civilian nuclear power reactor cannot
reasonably provide adequate spent nuclear fuel storage capacity at the
civilian nuclear power reactor site when needed to ensure the continued
orderly operation of such reactor. Such criteria shall ensure the
maintenance of a full core reserve storage capability at the site of
such reactor unless the Commission determines that maintenance of such
capability is not necessary for the continued orderly operation of such
reactor. Such criteria shall identify the feasibility of reasonably
providing such adequate spent nuclear fuel storage capacity, taking into
account economic, technical, regulatory, and public health and safety
factors, through the use of high-density fuel storage racks, fuel rod
compaction, transshipment of spent nuclear fuel to another civilian
nuclear power reactor within the same utility system, construction of
additional spent nuclear fuel pool capacity, or such other technologies
as may be approved by the Commission.
(h) Application.-Notwithstanding any other provision of law, nothing
in this Act shall be construed to encourage, authorize, or require the
private or Federal use, purchase, lease, or other acquisition of any
storage facility located away from the site of any civilian nuclear
power reactor and not owned by the Federal Government on the date of the
enactment of this Act.
(i) Coordination with Research and Development Program.--, To the
extent available, and consistent with the provisions of this section,
the Secretary shall provide spent nuclear fuel for the research and
development program authorized in section 217 from spent nuclear fuel
received by the Secretary for storage under this section. Such spent
nuclear fuel shall not be subject to the provisions of subsection (e).
Sec. 136. // 42 USC 10156. // (a) Contracts.-(1) During the period
following the date of the enactment of this Act, but not later than
January 1, 1990, the Secretary is authorized to enter into contracts
with persons who generate or own spent nuclear fuel resulting from
civilian nuclear activities for the storage of such spent nuclear fuel
in any storage capacity provided under this subtitle: Provided,
however, That the Secretary shall not enter into contracts for spent
nuclear fuel in amounts in excess of the available storage capacity
specified in section 135(a). Those contracts shall provide that the
Federal Government will (1) take title at the civilian nuclear power
reactor site, to such amounts of spent nuclear fuel from the civilian
nuclear power reactor as the Commission determines cannot be stored
onsite, (2) transport the spent nuclear fuel to a federally owned and
operated interim away-from-reactor storage facility, and (3) store such
fuel in the facility pending further processing, storage, or disposal.
Each such contract shall (A) provide for payment to the Secretary of
fees determined in accordance with the provisions of this section; and
(B) specify the amount of storage capacity to be provided for the person
involved.
(2) The Secretary shall undertake a study and, not later than 180
days after the date of the enactment of this Act, submit to the Congress
a report, establishing payment charges that shall be calculated on an
annual basis, commencing on or before January 1, 1984. Such payment
charges and the calculation thereof shall be published in the Federal
Register, and shall become effective not less than 30 days after
publication. Each payment charge published in the Federal Register
under this paragraph shall remain effective for a period of 12 months
from the effective date as the charge for the cost of the interim
storage of any spent nuclear fuel. The report of the Secretary shall
specify the method and manner of collection (including the rates and
manner of payment) and any legislative recommendations determined by the
Secretary to be appropriate.
(3) Fees for storage under this subtitle shall be established on a
nondiscriminatory basis. The fees to be paid by each person entering
into a contract with the Secretary under this subsection shall be based
upon an estimate of the pro rata costs of storage and related activities
under this subtitle with respect to such person, including the
acquisition, construction, operation, and maintenance of any facilities
under this subtitle.
(4) The Secretary shall establish in writing criteria setting forth
the terms and conditions under which such storage services shall be made
available.
(5) Except as provided in section 137, nothing in this or any other
Act requires the Secretary, in carrying out the responsibilities of this
section, to obtain a license or permit to possess or own spent nuclear
fuel.
(b) Limitation.-No spent nuclear fuel generated or owned by any
department of the United States referred to in section 101 or 102 of
title 5, United States Code, may be stored by the Secretary in any
storage capacity provided under this subtitle unless such department
transfers to the Secretary, for deposit in the Interim Storage Fund,
amounts equivalent to the fees that would be paid to the Secretary under
the contracts referred to in this section if such spent nuclear fuel
were generated by any other person.
(c) Establishment of Interim Storage Fund.-There hereby is
established in the Treasury of the United States a separate fund, to be
known as the Interim Storage Fund. The Storage Fund shall consist of--,
(1) all receipts, proceeds, and recoveries realized by the
Secretary under subsections (a), (b), and (e), which shall be
deposited in the Storage Fund immediately upon their realization;
(2) any appropriations made by the Congress to the Storage
Fund; and
(3) any unexpended balances available on the date of the
enactment of this Act for functions or activities necessary or
incident to the interim storage of civilian spent nuclear fuel,
which shall automatically be transferred to the Storage Fund on
such date.
(d) Use of Storage Fund.-The Secretary may make expenditures from the
Storage Fund, subject to subsection (e), for any purpose necessary or
appropriate to the conduct of the functions and activities of the
Secretary, or the provision or anticipated provision of services, under
this subtitle, including--,
(1) the identification, development, licensing, construction,
operation, decommissioning, and post-decommissioning maintenance
and monitoring of any interim storage facility provided under this
subtitle;
(2) the administrative cost of the interim storage program;
(3) the costs associated with acquisition, design,
modification, replacement, operation, and construction of
facilities at an interim storage site, consistent with the
restrictions in section 135;
(4) the cost of transportation of spent nuclear fuel; and
(5) impact assistance as described in subsection (e).
(e) Impact Assistance.-(1) Beginning the first fiscal year which
commences after the date of the enactment of this Act, the Secretary
shall make annual impact assistance payments to a State or appropriate
unit of local government, or both, in order to mitigate social or
economic impacts occasioned by the establishment and subsequent
operation of any interim storage capacity within the jurisdicational
boundaries of such government or governments and authorized under this
subtitle: Provided, however, That such impact assistance payments shall
not exceed (A) ten per centum of the costs incurred in paragraphs (1)
and (2), or (B) $15 per kilogram of spent fuel, whichever is less;
(2) Payments made available to States and units of local government
pursuant to this section shall be--,
(A) allocated in a fair and equitable manner with a priority to
those States or units of local government suffering the most
severe impacts; and
(B) utilized by States or units of local governments only for
(i) planning, (ii) construction and maintenance of public
services, (iii) provision of public services related to the
providing of such interim storage authorized under this title, and
(iv) compensation for loss of taxable property equivalent to that
if the storage had been provided under private ownership.
(3) Such payments shall be subject to such terms and conditions as
the Secretary determines necessary to ensure that the purposes of this
subsection shall be achieved. The Secretary shall issue such
regulations as may be necessary to carry out the provisions of this
subsection.
(4) Payments under this subsection shall be made available solely
from the fees determined under subsection (a).
(5) The Secretary is authorized to consult with States and
appropriate units of local government in advance of commencement of
establishment of storage capacity authorized under this subtitle in an
effort to determine the level of the payment such government would be
eligible to receive pursuant to this subsection.
(6) As used in this subsection, the term "unit of local government"
means a county, parish, township, municipality, and shall include a
borough existing in the State of Alaska on the date of the enactment of
this subsection, and any other unit of government below the State level
which is a unit of general government as determined by the Secretary.
(f) Administration of Storage Fund.-(1) The Secretary of the Treasury
shall hold the Storage Fund and, after consultation with the Secretary,
annually report to the Congress on the financial condition and
operations of the Storage Fund during the preceding fiscal year.
(2) The Secretary shall submit the budget of the Storage Fund to the
Office of Management and Budget triennially along with the budget of the
Department of Energy submitted at such time in accordance with chapter
11 of title 31, United States Code. The budget of the Storage Fund
shall consist of estimates made by the Secretary of expenditures from
the Storage Fund and other relevant financial matters for the succeeding
3 fiscal years, and shall be included in the Budget of the United States
Government. The Secretary may make expenditures from the Storage Fund,
subject to appropriations which shall remain available until expended.
Appropriations shall be subject to triennial authorization.
(3) If the Secretary determines that the Storage Fund contains at any
time amounts in excess of current needs, the Secretary may request the
Secretary of the Treasury to invest such amounts, or any portion of such
amounts as the Secretary determines to be appropriate, in obligations of
the United States--,
(A) having maturities determined by the Secretary of the
Treasury to be appropriate to the needs of the Storage Fund; and
(B) bearing interest at rates determined to be appropriate by
the Secretary of the Treasury, taking into consideration the
current average market yield on outstanding marketable obligations
of the United States with remaining periods to maturity comparable
to the maturities of such investments, except that the interest
rate on such investments shall not exceed the average interest
rate applicable to existing borrowings.
(4) Receipts, proceeds, and recoveries realized by the Secretary
under this section, and expenditures of amounts from the Storage Fund,
shall be exempt from annual apportionment under the provisions of
subchapter II of chapter 15 of title 31, United States Code.
(5) If at any time the moneys available in the Storage Fund are
insufficient to enable the Secretary to discharge his responsibilities
under this subtitle, the Secretary shall issue to the Secretary of the
Treasury obligations in such forms and denominations, bearing such
maturities, and subject to such terms and conditions as may be agreed to
by the Secretary and the Secretary of the Treasury. The total of such
obligations shall not exceed amounts provided in appropriation Acts.
Redemption of such obligations shall be made by the Secretary from
moneys available in the Storage Fund. Such obligations shall bear
interest at a rate determined by the Secretary of the Treasury, which
shall be not less than a rate determined by taking into consideration
the average market yield on outstanding marketable obligations of the
United States of comparable maturities during the month preceding the
issuance of the obligations under this paragraph. The Secretary of the
Treasury shall purchase any issued obligations, and for such purpose the
Secretary of the Treasury is authorized to use as a public debt
transaction the proceeds from the sale of any securities issued under
chapter 31 of title 31, United States Code, and the purposes for which
securities may be issued under such Act are extended to include any
purchase of such obligations. The Secretary of the Treasury may at any
time sell any of the obligations acquired by him under this paragraph.
All redemptions, purchases, and sales by the Secretary of the Treasury
of obligations under this paragraph shall be treated as public debt
transactions of the United States.
(6) Any appropriations made available to the Storage Fund for any
purpose described in subsection (d) shall be repaid into the general
fund of the Treasury, together with interest from the date of
availability of the appropriations until the date of repayment. Such
interest shall be paid on the cumulative amount of appropriations
available to the Storage Fund, less the average undisbursed cash balance
in the Storage Fund account during the fiscal year involved. The rate
of such interest shall be determined by the Secretary of the Treasury
taking into consideration the average market yield during the month
preceding each fiscal year on outstanding marketable obligations of the
United States of comparable maturity. Interest payments may be deferred
with the approval of the Secretary of the Treasury, but any interest
payments so deferred shall themselves bear interest.
Sec. 137. // 42 USC 10157. // (a) Transportation.-(1) Transportation
of spent nuclear fuel under section 136(a) shall be subject to licensing
and regulation by the Commission and by the Secretary of Transportation
as provided for transportation of commercial spent nuclear fuel under
existing law.
(2) The Secretary, in providing for the transportation of spent
nuclear fuel under this Act, shall utilize by contract private industry
to the fullest extent possible in each aspect of such transportation.
The Secretary shall use direct Federal services for such transportation
only upon a determination of the Secretary of Transportation, in
consultation with the Secretary, that private industry is unable or
unwilling to provide such transportation services at reasonable cost.
Sec. 141. // 42 USC 10161. // (a) Findings.-The Congress finds
that--,
(1) long-term storage of high-level radioactive waste or spent
nuclear fuel in monitored retrievable storage facilities is an
option for providing safe and reliable management of such waste or
spent fuel;
(2) the executive branch and the Congress should proceed as
expeditiously as possible to consider fully a proposal for
construction of one or more monitored retrievable storage
facilities to provide such long-term storage;
(3) the Federal Government has the responsibility to ensure
that site-specific designs for such facilities are available as
provided in this section;
(4) the generators and owners of the high-level radioactive
waste and spent nuclear fuel to be stored in such facilities have
the responsibility to pay the costs of the long-term storage of
such waste and spent fuel; and
(5) disposal of high-level radioactive waste and spent nuclear
fuel in a repository developed under this Act should proceed
regardless of any construction of a monitored retrievable storage
facility pursuant to this section.
(b) Submission of Proposal by Secretary.-(1) On or before June 1,
1985, the Secretary shall complete a detailed study of the need for and
feasibility of, and shall submit to the Congress a proposal for, the
construction of one or more monitored retrievable storage facilities for
high-level radioactive waste and spent nuclear fuel. Each such facility
shall be designed--,
(A) to accommodate spent nuclear fuel and high-level
radioactive waste resulting from civilian nuclear activities;
(B) to permit continuous monitoring, management, and
maintenance of such spent fuel and waste for the foreseeable
future;
(C) to provide for the ready retrieval of such spent fuel and
waste for further processing or disposal; and
(D) to safely store such spent fuel and waste as long as may be
necessary by maintaining such facility through appropriate means,
including any required replacement of such facility.
(2) Such proposal shall include--,
(A) the establishment of a Federal program for the siting,
development, construction, and operation of facilities capable of
safely storing high-level radioactive waste and spent nuclear
fuel, which facilities are to be licensed by the Commission;
(B) a plan for the funding of the construction and operation of
such facilities, which plan shall provide that the costs of such
activities shall be borne by the generators and owners of the
high-level radioactive waste and spent nuclear fuel to be stored
in such facilities;
(C) site-specific designs, specifications, and cost estimates
sufficient to (i) solicit bids for the construction of the first
such facility; (ii) support congressional authorization of the
construction of such facility; and (iii) enable completion and
operation of such facility as soon as practicable following
congressional authorization of such facility; and
(D) a plan for integrating facilities constructed pursuant to
this section with other storage and disposal facilities authorized
in this Act.
(3) In formulating such proposal, the Secretary shall consult with
the Commission and the Administrator, and shall submit their comments on
such proposal to the Congress at the time such proposal is submitted.
(4) The proposal shall include, for the first such facility, at least
3 alternative sites and at least 5 alternative combinations of such
proposed sites and facility designs consistent with the criteria of
paragraph (b)(1). The Secretary shall recommend the combination among
the alternatives that the Secretary deems preferable. The environmental
assessment under subsection (c) shall include a full analysis of the
relative advantages and disadvantages of all 5 such alternative
combinations of proposed sites and proposed facility designs.
(c) Environmental Impact Statements.-(1) Preparation and submission
to the Congress of the proposal required in this section shall not
require the preparation of an environmental impact statement under
section 102(2)(C) of the National Environmental Policy Act of 1969 (42
U.S.C. 4332(2)(C)). The Secretary shall prepare, in accordance with
regulations issued by the Secretary implementing such Act, an
environmental assessment with respect to such proposal. Such
environmental assessment shall be based upon available information
regarding alternative technologies for the storage of spent nuclear fuel
and high-level radioactive waste. The Secretary shall submit such
environmental assessment to the Congress at the time such proposal is
submitted.
(2) If the Congress by law, after review of the proposal submitted by
the Secretary under subsection (b), specifically authorizes construction
of a monitored retrievable storage facility, the requirements of the
National Environmental Policy Act of 1969 (42 U.S. C. 4321 et seq.)
shall apply with respect to construction of such facility, except that
any environmental impact statement prepared with respect to such
facility shall not be required to consider the need for such facility or
any alternative to the design criteria for such facility set forth in
subsection (b)(1).
(d) Licensing.-Any facility authorized pursuant to this section shall
be subject to licensing under section 202(3) of the Energy
Reorganization Act of 1974 (42 U.S.C. 5842(3)). In reviewing the
application filed by the Secretary for licensing of the first such
facility, the Commission may not consider the need for such facility or
any alternative to the design criteria for such facility set forth in
subsection (b)(1).
(e) Clarification.-Nothing in this section limits the consideration
of alternative facility designs consistent with the criteria of
paragraph (b)(1) in any environmental impact statement, or in any
licensing procedure of the Commission, with respect to any monitored,
retrievable facility authorized pursuant to this section.
(f) Impact Assistance.-(1) Upon receipt by the Secretary of
congressional authorization to construct a facility described in
subsection (b), the Secretary shall commence making annual impact aid
payments to appropriate units of general local government in order to
mitigate any social or economic impacts resulting from the construction
and subsequent operation of any such facility within the jurisdictional
boundaries of any such unit.
(2) Payments made available to units of general local government
under this subsection shall be--,
(A) allocated in a fair and equitable manner, with priority
given to units of general local government determined by the
Secretary to be most severely affected; and
(B) utilized by units of general local government only for
planning, construction, maintenance, and provision of public
services related to the siting of such facility.
(3) Such payments shall be subject to such terms and conditions as
the Secretary determines are necessary to ensure achievement of the
purposes of this subsection. The Secretary shall issue such regulations
as may be necessary to carry out the provisions of this subsection.
(4) Such payments shall be made available entirely from funds held in
the Nuclear Waste Fund established in section 302(c) and shall be
available only to the extent provided in advance in appropriation Acts.
(5) The Secretary may consult with appropriate units of general local
government in advance of commencement of construction of any such
facility in an effort to determine the level of payments each such unit
is eligible to receive under this subsection.
(g) Limitation.-No monitored retrievable storage facility developed
pursuant to this section may be constructed in any State in which there
is located any site approved for site characterization under section
112. The restriction in the preceding sentence shall only apply until
such time as the Secretary decides that such candidte site is no longer
a candidate site under consideration for development as a repository.
Such restriction shall continue to apply to any site selected for
construction as a repository.
(h) Participation of States and Indian Tribes.-Any facility
authorized pursuant to this section shall be subject to the provisions
of sections 115, 116(a), 116(b), 116(d), 117, and 118. For purposes of
carrying out the provisions of this subsection, any reference in
sections 115 through 118 to a repository shall be considered to refer to
a monitored retrievable storage facility.
WASTE SITE
CLOSURE
Sec. 151. // 42 USC 10171. // (a) Financial Arrangements.-(1) The
Commission shall establish by rule, regulation, or order, after public
notice, and in accordance with section 181 of the Atomic Energy Act of
1954 (42 U.S.C. 2231), such standards and instructions as the Commission
may deem necessary or desirable to ensure in the case of each license
for the disposal of low-level radioactive waste that an adequate bond,
surety, or other financial arrangement (as determined by the Commission)
will be provided by a licensee to permit completion of all requirements
established by the Commission for the decontamination, decommissioning,
site closure, and reclamation of sites, structures, and equipment used
in conjunction with such low--, level radioactive waste. Such financial
arrangements shall be provided and approved by the Commission, or, in
the case of sites within the boundaries of any agreement State under
section 274 of the Atomic Energy Act of 1954 (42 U.S.C. 2021), by the
appropriate State or State entity, prior to issuance of licenses for
low-level radioactive waste disposal or, in the case of licenses in
effect on the date of the enactment of this Act, prior to termination of
such licenses.
(2) If the Commission determines that any long-term maintenance or
monitoring, or both, will be necessary at a site described in paragraph
(1), the Commission shall ensure before termination of the license
involved that the licensee has made available such bonding, surety, or
other financial arrangements as may be necessary to ensure that any
necessary long-term maintenance or monitoring needed for such site will
be carried out by the person having title and custody for such site
following license termination.
(b) Title and Custody.-(1) The Secretary shall have authority to
assume title and custody of low-level radioactive waste and the land on
which such waste is disposed of, upon request of the owner of such waste
and land and following termination of the license issued by the
Commission for such disposal, if the Commission determines that--,
(A) the requirements of the Commission for site closure,
decommissioning, and decontamination have been met by the licensee
involved and that such licensee is in compliance with the
provisions of subsection (a);
(B) such title and custody will be transferred to the Secretary
without cost to the Federal Government; and
(C) Federal ownership and management of such site is necessary
or desirable in order to protect the public health and safety, and
the environment.
(2) If the Secretary assumes title and custody of any such waste and
land under this subsection, the Secretary shall maintain such waste and
land in a manner that will protect the public health and safety, and the
environment.
(c) Special Sites.-If the low-level radioactive waste involved is the
result of a licensed activity to recover zirconium, hafnium, and rare
earths from source material, the Secretary, upon request of the owner of
the site involved, shall assume title and custody of such waste and the
land on which it is disposed when such site has been decontaminated and
stabilized in accordance with the requirements established by the
Commission and when such owner has made adequate financial arrangements
approved by the Commission for the long-term maintenance and monitoring
of such site.
Sec. 211. // 42 USC 10191. // It is the purpose of this title--,
(1) to provide direction to the Secretary with respect to the
disposal of high-level radioactive waste and spent nuclear fuel;
(2) to authorize the Secretary, pursuant to this title--,
maintenance
of a deep geologic test and evaluation facility; and
development
program, including the development of a test
and evaluation facility to carry out research and
provide an
integrated demonstration of the technology for deep
geologic
disposal of high-level radioactive waste, and the
development
of the facilities to demonstrate dry storage of spent
nuclear fuel; and
(3) to provide for an improved cooperative role between the
Federal Government and States, affected Indian tribes, and units
of general local government in the siting of a test and evaluation
facility.
Sec. 212. // 42 USC 10192. // The provisions of this title are
subject to section 8 and shall not apply to facilities that are used for
the disposal of high--, level radioactive waste, low-level radioactive
waste, transuranic waste, or spent nuclear fuel resulting from atomic
energy defense activities.
Sec. 213. // 42 USC 10193. // (a) Guidelines.-Not later than 6
months after the date of the enactment of this Act and notwithstanding
the failure of other agencies to promulgate standards pursuant to
applicable law, the Secretary, in consultation with the Commission, the
Director of the Geological Survey, the Administrator, the Council on
Environmental Quality, and such other Federal agencies as the Secretary
considers appropriate, is authorized to issue, pursuant to section 553
of title 5, United States Code, general guidelines for the selection of
a site for a test and evaluation facility. Under such guidelines the
Secretary shall specify factors that qualify or disqualify a site for
development as a test and evaluation facility, including factors
pertaining to the location of valuable natural resources,
hydrogeophysics, seismic activity, and atomic energy defense activities,
proximity to water supplies, proximity to populations, the effect upon
the rights of users of water, and proximity to components of the
National Park System, the National Wildlife Refuge System, the National
Wild and Scenic Rivers System, the National Wilderness Preservation
System, or National Forest Lands. Such guidelines shall require the
Secretary to consider the various geologic media in which the site for a
test and evaluation facility may be located and, to the extent
practicable, to identify sites in different geologic media. The
Secretary shall use guidelines established under this subsection in
considering and selecting sites under this title.
(b) Site Identification by the Secretary.-(1) Not later than 1 year
after the date of the enactment of this Act, and following promulgation
of guidelines under subsection (a), the Secretary is authorized to
identify 3 or more sites, at least 2 of which shall be in different
geologic media in the continental United States, and at least 1 of which
shall be in media other than salt. Subject to Commission requirements,
the Secretary shall give preference to sites for the test and evaluation
facility in media possessing geochemical characteristics that retard
aqueous transport of radionuclides. In order to provide a greater
possible protection of public health and safety as operating experience
is gained at the test and evaluation facility, and with the exception of
the primary areas under review by the Secretary on the date of the
enactment of this Act for the location of a test and evaluation facility
or repository, all sites identified under this subsection shall be more
than 15 statute miles from towns having a population of greater than
1,000 persons as determined by the most recent census unless such sites
contain high-level radioactive waste prior to identification under this
title. Each identification of a site shall be supported by an
environmental assessment, which shall include a detailed statement of
the basis for such identification and of the probable impacts of the
siting research activities planned for such site, and a discussion of
alternative activities relating to siting research that may be
undertaken to avoid such impacts. Such environmental assessment shall
include--,
(A) an evaluation by the Secretary as to whether such site is
suitable for siting research under the guidelines established
under subsection (a);
(B) an evaluation by the Secretary of the effects of the siting
research activities at such site on the public health and safety
and the environment;
(C) a reasonable comparative evaluation by the Secretary of
such site with other sites and locations that have been
considered;
(D) a description of the decision process by which such site
was recommended; and
(E) an assessment of the regional and local impacts of locating
the proposed test and evaluation facility at such site.
(2) When the Secretary identifies a site, the Secretary shall as soon
as possible notify the Governor of the State in which such site is
located, or the governing body of the affected Indian tribe where such
site is located, of such identification and the bais of such
identification. Additional sites for the location of the test and
evaluation facility authorized in section 302(d) may be identified after
such 1 year period, following the same procedure as if such sites had
been identified within such period.
Sec. 214. // 42 USC 10194. // (a) In General.-Not later than 30
months after the date on which the Secretary completes the
identification of sites under section 213, the Secretary is authorized
to complete sufficient evaluation of 3 sites to select a site for
expanded siting research activities and for other activities under
section 218. The Secretary is authorized to conduct such
preconstruction activities relative to such site selection for the test
and evaluation facility as he deems appropriate. Additional sites for
the location of the test and evaluation facility authorized in section
302(d) may be evaluated after such 30-month period, following the same
procedures as if such sites were to be evaluated within such period.
(b) Public Meetings and Environmental Assessment.-Not later than 6
months after the date on which the Secretary completes the
identification of sites under section 213, and before beginning siting
research activities, the Secretary shall hold at least 1 public meeting
in the vicinity of each site to inform the residents of the area of the
activities to be conducted at such site and to receive their views.
(c) Restrictions.-Except as provided in section 218 with respect to a
test and evaluation facility, in conducting siting research activities
pursuant to subsection (a)--,
(1) the Secretary shall use the minimum quantity of high--,
level radioactive waste or other radioactive materials, if any,
necessary to achieve the test or research objectives;
(2) the Secretary shall ensure that any radioactive material
used or placed on a site shall be fully retrievable; and
(3) upon termination of siting research activities at a site
for any reason, the Secretary shall remove any radioactive
material at or in the site as promptly as practicable.
(d) Title to Material.-The Secretary may take title, in the name of
the Federal Government, to the high-level radioactive waste, spent
nuclear fuel, or other radioactive material emplaced in a test and
evaluation facility. If the Secretary takes title to any such material,
the Secretary shall enter into the appropriate financial arrangements
described in subsection (a) or (b) of section 302 for the disposal of
such material.
REPORTS
Sec. 215. // 42 USC 10195. // (a) Consultation and Cooperation.-The
Governor of a State, or the governing body of an affected Indian tribe,
notified of a site identification under section 213 shall have the right
to participate in a process of consultation and cooperation as soon as
the site involved has been identified pursuant to such section and
throughout the life of the test and evaluation facility. For purposes
of this section, the term "process of consultation and cooperation"
means a methodology--,
(1) by which the Secretary--,
siting,
development, construction, and operation of a test and
evaluation facility;
objections
of such Governor or governing body with regard to
such test and evaluation facility on an ongoing basis;
and
(2) by which the State or affected Indian tribe involved can
exercise reasonable independent monitoring and testing of onsite
activities related to all stages of the siting, development,
construction and operation of the test and evaluation facility,
except that any such monitoring and testing shall not unreasonably
interfere with onsite activities.
(b) Written Agreements.-The Secretary shall enter into written
agreements with the Governor of the State in which an identified site is
located or with the governing body of any affected Indian tribe where an
identified site is located in order to expedite the consultation and
cooperation process. Any such written agreement shall specify--,
(1) procedures by which such Governor or governing body may
study, determine, comment on, and make recommendations with regard
to the possible health, safety, and economic impacts of the test
and evaluation facility;
(2) procedures by which the Secretary shall consider and
respond to comments and recommendations made by such Governor or
governing body, including the period in which the Secretary shall
so respond;
(3) the documents the Department is to submit to such Governor
or governing body, the timing for such submissions, the timing for
such Governor or governing body to identify public health and
safety concerns and the process to be followed to try to eliminate
those concerns;
(4) procedures by which the Secretary and either such Governor
or governing body may review or modify the agreement periodically;
and
(5) procedures for public notification of the procedures
specified under subparagraphs (A) through (D).
(c) Limitation.-Except as specifically provided in this section,
nothing in this title is intended to grant any State or affected Indian
tribe any authority with respect to the siting, development, or loading
of the test and evaluation facility.
Sec. 216. // 42 USC 10196. // (a) Cooperation and Coordination.-
Federal agencies shall assist the Secretary by cooperating and
coordinating with the Secretary in the preparation of any necessary
reports under this title and the mission plan under section 301.
(b) Environmental Review.-(1) No action of the Secretary or any other
Federal agency required by this title or section 301 with respect to a
test and evaluation facility to be taken prior to the initiation of
onsite construction of a test and evaluation facility shall require the
preparation of an environmental impact statement under section 102(
2)(C) of the Environmental Policy Act of 1969 (42 u.s.c. 4332(2)(C)), or
to require the preparation of environmental reports, except as otherwise
specifically provided for in this title.
(2) The Secretary and the heads of all other Federal agencies shall,
to the maximum extent possible, avoid duplication of efforts in the
preparation of reports under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
Sec. 217. // 42 USC 10197. // (a) Purpose.-Not later than 64 months
after the date of the enactment of this Act, the Secretary is authorized
to, to the extent practicable, begin at a site evaluated under section
214, as part of and as an extension of siting research activities of
such site under such section, the mining and construction of a test and
evaluation facility. Prior to the mining and construction of such
facility, the Secretary shall prepare an environmental assessment. The
purpose of such facility shall be--,
(1) to supplement and focus the repository site
characterization process;
(2) to provide the conditions under which known technological
components can be integrated to demonstrate a functioning
repository-like system;
(3) to provide a means of identifying, evaluating, and
resolving potential repository licensing issues that could not be
resolved during the siting research program conducted under
section 212;
(4) to validate, under actual conditions, the scientific models
used in the design of a repository;
(5) to refine the design and engineering of repository
components and systems and to confirm the predicted behavior of
such components and systems;
(6) to supplement the siting data, the generic and specific
geological characteristics developed under section 214 ralating to
isolating disposal materials in the physical environment of a
repository;
(7) to evaluate the design concepts for packaging, handling,
and emplacement of high-level radioactive waste and spent nuclear
fuel at the design rate; and
(8) to establish operating capability without exposing workers
to excessive radiation.
(b) Design.-The Secretary shall design each test and evaluation
facility--,
(1) to be capable of receiving not more than 100 full-sized
canisters of solidified high-level radioactive waste (which
canisters shall not exceed an aggregate weight of 100 metric
tons), except that spent nuclear fuel may be used instead of such
waste if such waste cannot be obtained under reasonable
conditions;
(2) to permit full retrieval of solidified high-level
radioactive waste, or other radioactive material used by the
Secretary for testing, upon completion of the technology
demonstration activities; and
(3) based upon the principle that the high-level radioactive
waste, spent nuclear fuel, or other radioactive material involved
shall be isolated from the biosphere in such a way that the
initial isolation is provided by engineered barriers functioning
as a system with the geologic environment.
(c) Operation.-(1) Not later than 88 months after the date of the
enactment of this Act, the Secretary shall begin an in situ testing
program at the test and evaluation facility in accordance with the
mission plan developed under section 301, for purposes of--,
(A) conducting in situ tests of bore hole sealing, geologic
media fracture sealing, and room closure to establish the
techniques and performance for isolation of high-level radioactive
waste, spent nuclear fuel, or other radioactive materials from the
biosphere;
(B) conducting in situ tests with radioactive sources and
materials to evaluate and improve reliable models for radionuclide
migration, absorption, and containment within the engineered
barriers and geologic media involved, if the Secretary finds there
is reasonable assurance that such radioactive sources and
materials will not threaten the use of such site as a repository;
(C) conducting in situ tests to evaluate and improve models for
ground water or brine flow through fractured geologic media;
(D) conducting in situ tests under conditions representing the
real time and the accelerated time behavior of the engineered
barriers within the geologic environment involved;
(E) conducting in situ tests to evaluate the effects of heat
and pressure on the geologic media involved, on the hydrology of
the surrounding area, and on the integrity of the disposal
packages;
(F) conducting in situ tests under both normal and abnormal
repositoy conditions to establish safe design limits for disposal
packages and to determine the effects of the gross release of
radionuclides into surroundings, and the effects of various
credible failure modes, including--,
(G) conducting such other research and development activities
as the Secretary considers appropriate, including such activities
necessary to obtain the use of high-level radioactive waste, spent
nuclear fuel, or other radioactive materials (such as any highly
radioactive material from the Three Mile Island nuclear powerplant
or from the West Valley Demonstration Project) for test and
evaluation purposes, if such other activities are reasonably
necessary to support the repository program and if there is
reasonable assurance that the radioactive sources involved will
not threaten the use of such site as a repository.
(2) The in situ testing authorized in this subsection shall be
designed to ensure that the suitability of the site involved for
licensing by the Commission as a repository will not be adversely
affected.
(d) Use of Existing Department Facilities.-During the conducting of
siting research activities under section 214 and for such period
thereafter as the Secretary considers appropriate, the Secretary shall
use Department facilities owned by the Federal Government on the date of
the enactment of this Act for the conducting of generically applicable
tests regarding packaging, handling, and emplacement technology for
solidified high-level radioactive waste and spent nuclear fuel from
civilian nuclear activities.
(e) Engineered Barriers.-The system of engineered barriers and
selected geology used in a test and evaluation facility shall have a
design life at least as long as that which the Commission requires by
regulations issued under this Act, or under the Atomic Energy Act of
1954 (42 U.S.C. 2011 et seq.), for repositories.
(f) Role of Commission.-(1)(A) Not later than 1 year after the date
of the enactment of this Act, the Secretary and the Commission shall
reach a written understanding establishing the procedures for review,
consultation, and coordination in the planning, construction, and
operation of the test and evaluation facility under this section. Such
understanding shall establish a schedule, consistent with the deadlines
set forth in this subtitle, for submission by the Secretary of, and
review by the Commission of and necessary action on--,
(i) the mission plan prepared under section 301; and
(ii) such reports and other information as the Commission may
reasonably require to evaluate any health and safety impacts of
the test and evaluation facility.
(B) Such understanding shall also establish the conditions under
which the Commission may have access to the test and evaluation facility
for the purpose of assessing any public health and safety concerns that
it may have. No shafts may be excavated for the test and evaluation
until the Secretary and the Commission enter into such understanding.
(2) Subject to section 305, the test and evaluation facility, and the
facilities authorized in section 217, shall be constructed and operated
as research, development, and demonstration facilities, and shall not be
subject to licensing under section 202 of the Energy Reorganization Act
of 1974 (42 U.S.C. 5842).
(3)(A) The Commission shall carry out a continuing analysis of the
activities undertaken under this section to evaluate the adequacy of the
consideration of public health and safety issues.
(B) The Commission shall report to the President, the Secretary, and
the Congress as the Commission considers appropriate with respect to the
conduct of activities under this section.
(g) Environmental Review.-The Secretary shall prepare an
environmental impact statement under section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) prior to
conducting tests with radioactive materials at the test and evaluation
facility. Such environmental impact statement shall incorporate, to the
extent practicable, the environmental assessment prepared under section
217(a). Nothing in this subsection may be construed to limit siting
research activities conducted under section 214. This subsection shall
apply only to activities performed exclusively for a test and evaluation
facility.
(h) Limitations.-(1) If the test and evaluation facility is not
located at the site of a repository, the Secretary shall obtain the
concurrence of the Commission with respect to the decontamination and
decommissioning of such facility.
(2) If the test and evaluation facility is not located at a candidate
site or repository site, the Secretary shall conduct only the portion of
the in situ testing program required in subsection (c) determined by the
Secretary to be useful in carrying out the purposes of this Act.
(3) The operation of the test and evaluation facility shall terminate
not later than--,
(A) 5 years after the date on which the initial repository
begins operation; or
(B) at such time as the Secretary determines that the continued
operation of a test and evaluation facility is not necessary for
research, development, and demonstration purposes;
whichever occurs sooner.
(4) Notwithstanding any other provisions of this subsection, as soon
as practicable following any determination by the Secretary, with the
concurrence of the Commission, that the test and evaluation facility is
unsuitable for continued operation, the Secretary shall take such
actions as are necessary to remove from such site any radioactive
material placed on such site as a result of testing and evaluation
activities conducted under this section. Such requirement may be waived
if the Secretary, with the concurrence of the Commission, finds that
short-term testing and evaluation activities using radioactive material
will not endanger the public health and safety.
Sec. 218. // 42 USC 10198. // (a) Demonstration and Cooperative
Programs.-The Secretary shall establish a demonstration program, in
cooperation with the private sector, for the dry storage of spent
nuclear fuel at civilian nuclear power reactor sites, with the objective
of establishing one or more technologies that the Commission may, by
rule, approve for use at the sites of civilian nuclear power reactors
without, to the maximum extent practicable, the need for additional
site-specific approvals by the Commission. Not later than 1 year after
the date of the enactment of this Act, the Secretary shall select at
least 1, but not more than 3, sites evaluated under section 214 at such
power reactors. In selecting such site or sites, the Secretary shall
give preference to civilian nuclear power reactors that will soon have a
shortage of interim storage capacity for spent nuclear fuel. Subject to
reaching agreement as provided in subsection (b), the Secretary shall
undertake activities to assist such power reactors with demonstration
projects at such sites, which may use one of the following types of
alternate storage technologies: spent nuclear fuel storage casks,
caissons, or silos. The Secretary shall also undertake a cooperative
program with civilian nuclear power reactors to encourage the
development of the technology for spent nuclear fuel rod consolidation
in existing power reactor water storage basins.
(b) Cooperative Agreements.-To carry out the programs described in
subsection (a), the Secretary shall enter into a cooperative agreement
with each utility involved that specifies, at a minimum, that--,
(1) such utility shall select the alternate storage technique
to be used, make the land and spent nuclear fuel available for the
dry storage demonstration, submit and provide site-specific
documentation for a license application to the Commission, obtain
a license relating to the facility involved, construct such
facility, operate such facility after licensing, pay the costs
required to construct such facility, and pay all costs associated
with the operation and maintenance of such facility;
(2) the Secretary shall provide, on a cost-sharing basis,
consultative and technical assistance, including design support
and generic licensing documentation, to assist such utility in
obtaining the construction authorization and appropriate license
from the Commission; and
(3) the Secretary shall provide generic research and
development of alternative spent nuclear fuel storage techniques
to enhance utility-provided, at-reactor storage capabilities, if
authorized in any other provision of this Act or in any other
provision of law.
(c) Dry Storage Research and Development.-(1) The consultative and
technical assistance referred to in subsection (b)(2) may include, but
shall not be limited to, the establishment of a research and development
program for the dry storage of not more than 300 metric tons of spent
nuclear fuel at facilities owned by the Federal Government on the date
of the enactment of this Act. The purpose of such program shall be to
collect necessary data to assist the utilities involved in the licensing
process.
(2) To the extent available, and consistent with the provisions of
section 135, the Secretary shall provide spent nuclear fuel for the
research and development program authorized in this subsection from
spent nuclear fuel received by the Secretary for storage under section
135. Such spent nuclear fuel shall not be subject to the provisions of
section 135(e).
(d) Funding.-The total contribution from the Secretary from Federal
funds and the use of Federal facilities or services shall not exceed 25
percent of the total costs of the demonstration program authorized in
subsection (a), as estimated by the Secretary. All remaining costs of
such program shall be paid by the utilities involved or shall be
provided by the Secretary from the Interim Storage Fund established in
section 136.
(e) Relation to Spent Nuclear Fuel Storage Program.-The spent nuclear
fuel storage program authorized in section 135 shall not be construed to
authorize the use of research development or demonstration facilities
owned by the Department unless--,
(1) a period of 30 calendar days (not including any day in
which either House of Congress is not in session because of
adjornment of more than 3 calendar days to a day certain) has
passed after the Secretary has transmitted to the Committee on
Science and Technology of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a written
report containing a full and complete statement concerning (A) the
facility involved; (B) any necessary modifications; (C) the cost
thereof; and (D) the impact on the authorized research and
development program; or
(2) each such committee, before the expiration of such period,
has transmitted to the Secretary a written notice to the effect
that such committee has no objection to the proposed use of such
facility.
Sec. 219. // 42 USC 10199. // (a) Payments.-Subject to subsection
(b), the Secretary shall make payments to each State or affected Indian
tribe that has entered into an agreement pursuant to section 215. The
Secretary shall pay an amount equal to 100 percent of the expenses
incurred by such State or Indian tribe in engaging in any monitoring,
testing, evaluation, or other consultation and cooperation activity
under section 215 with respect to any site. The amount paid by the
Secretary under this paragraph shall not exceed $3,000,000 per year from
the date on which the site involved was identified to the date on which
the decontamination and decommission of the facility is complete
pursuant to section 217(h). Any such payment may only be made to a
State in which a potential site for a test and evaluation facility has
been identified under section 213, or to an affected Indian tribe where
the potential site has been identified under such section.
(b) Limitation.-The Secretary shall make any payment to a State under
subsection (a) only if such State agrees to provide, to each unit of
general local government within the jurisdictional boundaries of which
the potential site or effectively selected site involved is located, at
least one-tenth of the payments made by the Secretary to such State
under such subsection. A State or affected Indian tribe receiving any
payment under subsection (a) shall otherwise have discretion to use such
payment for whatever purpose it deems necessary, including the State or
tribal activities pursuant to agreements entered into in accordance with
section 215. Annual payments shall be prorated on a 365-day basis to
the specified dates.
MONITORED
RETRIEVABLE STORAGE PROPOSAL
Sec. 220. // 42 USC 10200. // Not later than 6 months after the date
of the enactment of this Act, the Secretary shall submit to the Congress
a report describing the research and development activities the
Secretary considers necessary to develop the proposal required in
section 141(b) with respect to a monitored retrievable storage facility.
Sec. 221. // 42 USC 10201. // Judicial review of research and
development activities under this title shall be in accordance with the
provisions of section 119.
Sec. 222. // 42 USC 10202. // Research on Alternatives for the
Permanent Disposal of High-Level Radioactive Waste.-The Secretary shall
continue and accelerate a program of research, development, and
investigation of alternative means and technologies for the permanent
disposal of high-level radioactive waste from civilian nuclear
activities and Federal research and development activities except that
funding shall be made from amounts appropriated to the Secretary for
purposes of carrying out this section. Such program shall include
examination of various waste disposal options.
IN THE
FIELD OF SPENT FUEL STORAGE AND DISPOSAL
Sec. 223. // 42 USC 10203. // (a) It shall be the policy of the
United States to cooperate with and provide technical assistance to
non-nuclear weapon states in the field of spent fuel storage and
disposal.
(b)(1) Within 90 days of enactment of this Act, the Secretary and the
Commission shall publish a joint notice in the Federal Register stating
that the United States is prepared to cooperate with and provide
technical assistance to non-nuclear weapon states in the fields of
at-reactor spent fuel storage; away-from-reactor spent fuel storage;
monitored, retrievable spent fuel storage; geologic disposal of spent
fuel; and the health, safety, and environmental regulation of such
activities. The notice shall summarize the resources that can be made
available for international cooperation and assistance in these fields
through existing programs of the Department and the Commission,
including the availability of: (i) data from past or ongoing research
and development projects; (ii) consultations with expert Department or
Commission personnel or contractors; and (iii) liaison with private
business entities and organizations working in these fields.
(2) The joint notice described in the preceding subparagraph shall be
updated and reissued annually for 5 succeeding years.
(c) Following publication of the annual joint notice referred to in
paragraph (2), the Secretary of State shall inform the governments of
non-nuclear weapon states and, as feasible, the organizations operating
nuclear powerplants in such states, that the United States is prepared
to cooperate with and provide technical assistance to non-nuclear weapon
states in the fields of spent fuel storage and disposal, as set forth in
the joint notice. The Secretary of State shall also solicit expressions
of interest from non-nuclear weapon state governments and non-nuclear
weapon state nuclear power reactor operators concerning their
participation in expanded United States cooperation and technical
assistance programs in these fields. The Secretary of State shall
transmit any such expressions of interest to the Department and the
Commission.
(d) With his budget presentation materials for the Department and the
Commission for fiscal years 1984 through 1989, the President shall
include funding requests for an expanded program of cooperation and
technical assistance with non-nuclear weapon states in the fields of
spent fuel storage and disposal as appropriate in light of expressions
of interest in such cooperation and assistance on the part of
non-nuclear weapon state governments and non--, nuclear weapon state
nuclear power reactor operators.
(e) For the purposes of this subsection, the term "non-nuclear weapon
state" shall have the same meaning as that set forth in article IX of
the Treaty on the Non-Proliferation of Nuclear Weapons (21 U.S.C. 438).
(f) Nothing in this subsection shall authorize the Department or the
Commission to take any action not authorized under existing law.
Sec. 301. // 42 USC 10221. // (a) Contents of Mission Plan.-The
Secretary shall prepare a comprehensive report, to be known as the
mission plan, which shall provide an informational basis sufficient to
permit informed decisions to be made in carrying out the repository
program and the research, development, and demonstration programs
required under this Act. The mission plan shall include--,
(1) an identification of the primary scientific, engineering,
and technical information, including any necessary demonstration
of engineering or systems integration, with respect to the siting
and construction of a test and evaluation facility and
repositories;
(2) an identification of any information described in paragraph
(1) that is not available because of any unresolved scientific,
engineering, or technical questions, or undemonstrated engineering
or systems integration, a schedule including specific major
milestones for the research, development, and technology
demonstration program required under this Act and any additional
activities to be undertaken to provide such information, a
schedule for the activities necessary to achieve important
programmatic milestones, and an estimate of the costs required to
carry out such research, development, and demonstration programs;
(3) an evaluation of financial, political, legal, or
institutional problems that may impede the implementation of this
Act, the plans of the Secretary to resolve such problems, and
recommendations for any necessary legislation to resolve such
problems;
(4) any comments of the Secretary with respect to the purpose
and program of the test and evaluation facility;
(5) a discussion of the significant results of research and
development programs conducted and the implications for each of
the different geologic media under consideration for the siting of
repositories, and, on the basis of such information, a comparison
of the advantages and disadvantages associated with the use of
such media for repository sites;
(6) the guidelines issued under section 112(a);
(7) a description of known sites at which site characterization
activities should be undertaken, a description of such siting
characterization activities, including the extent of planned
excavations, plans for onsite testing with radioactive or
nonradioactive material, plans for any investigations activities
which may affect the capability of any such site to isolate
high-level radioactive waste or spent nuclear fuel, plans to
control any adverse, safety-related impacts from such site
characterization activities, and plans for the decontamination and
decommissioning of such site if it is determined unsuitable for
licensing as a repository;
(8) an identification of the process for solidifying high-level
radioactive waste or packaging spent nuclear fuel, including a
summary and analysis of the data to support the selection of the
solidification process and packaging techniques, an analysis of
the requirements for the number of solidification packaging
facilities needed, a description of the state of the art for the
materials proposed to be used in packaging such waste or spent
fuel and the availability of such materials including impacts on
strategic supplies and any requirements for new or reactivated
facilities to produce any such materials needed, and a description
of a plan, and the schedule for implementing such plan, for an
aggressive research and development program to provide when needed
a high-integrity disposal package at a reasonable price;
(9) an estimate of (A) the total repository capacity required
to safely accommodate the disposal of all high-level radioactive
waste and spent nuclear fuel expected to be generated through
December 31, 2020, in the event that no commercial reprocessing of
spent nuclear fuel occurs, as well as the repository capacity that
will be required if such reprocessing does occur; (B) the number
and type of repositories required to be constructed to provide
such disposal capacity; (C) a schedule for the construction of
such repositories; and (D) an estimate of the period during which
each repository listed in such schedule will be accepting
high-level radioactive waste or spent nuclear fuel for disposal;
(10) an estimate, on an annual basis, of the costs required (A)
to construct and operate the repositories anticipated to be needed
under paragraph (9) based on each of the assumptions referred to
in such paragraph; (B) to construct and operate a test and
evaluation facility, or any other facilities, other than
repositories described in subparagraph (A), determined to be
necessary; and (C) to carry out any other activities under this
Act; and
(11) an identification of the possible adverse economic and
other impacts to the State or Indian tribe involved that may arise
from the development of a test and evaluation facility or
repository at a site.
(b) Submission of Mission Plan.-(1) Not later than 15 months after
the date of the enactment of this Act, the Secretary shall submit a
draft mission plan to the States, the affected Indian tribes, the
Commission, and other Government agencies as the Secretary deems
appropriate for their comments.
(2) In preparing any comments on the mission plan, such agencies
shall specify with precision any objections that they may have. Upon
submission of the mission plan to such agencies, the Secretary shall
publish a notice in the Federal Register of the submission of the
mission plan and of its availability for public inspection, and, upon
receipt of any comments of such agencies respecting the mission plan,
the Secretary shall publish a notice in the Federal Register of the
receipt of comments and of the availability of the comments for public
inspection. If the Secretary does not revise the mission plan to meet
objections specified in such comments, the Secretary shall publish in
the Federal Register a detailed statement for not so revising the
mission plan.
(3) The Secretary, after reviewing any other comments made by such
agencies and revising the mission plan to the extent that the Secretary
may consider to be appropriate, shall submit the mission plan to the
appropriate committees of the Congress not later than 17 months after
the date of the enactment of this Act. The mission plan shall be used
by the Secretary at the end of the first period of 30 calendar days (not
including any day on which either House of Congress is not in session
because of adjournment of more than 3 calendar days to a day certain)
following receipt of the mission plan by the Congress.
Sec. 302. // 42 USC 10222. // (a) Contracts.-(1) In the performance
of his functions under this Act, the Secretary is authorized to enter
into contracts with any person who generates or holds title to
high-level radioactive waste, or spent nuclear fuel, of domestic origin
for the acceptance of title, subsequent transportation, and disposal of
such waste or spent fuel. Such contracts shall provide for payment to
the Secretary of fees pursuant to paragraphs (2) and (3) sufficient to
offset expenditures described in subsection (d).
(2) For electricity generated by a civilian nuclear power reactor and
sold on or after the date 90 days after the date of enactment of this
Act, the fee under paragraph (1) shall be equal to 1.0 mil per
kilowatt-hour.
(3) For spent nuclear fuel, or solidified high-level radioactive
waste derived from spent nuclear fuel, which fuel was used to generate
electricity in a civilian nuclear power reactor prior to the application
of the fee under paragraph (2) to such reactor, the Secretary shall, not
later than 90 days after the date of enactment of this Act, establish a
1 time fee per kilogram of heavy metal in spent nuclear fuel, or in
solidified high-level radioactive waste. Such fee shall be in an amount
equivalent to an average charge of 1.0 mil per kilowatt-hour for
electricity generated by such spent nuclear fuel, or such solidified
high-level waste derived therefrom, to be collected from any person
delivering such spent nuclear fuel or high-level waste, pursuant to
section 123, to the Federal Government. Such fee shall be paid to the
Treasury of the United States and shall be deposited in the separate
fund established by subsection (c) 126(b). In paying such a fee, the
person delivering spent fuel, or solidified high-level radioactive
wastes derived therefrom, to the Federal Government shall have no
further financial obligation to the Federal Government for the long-term
storage and permanent disposal of such spent fuel, or the solidified
high-level radioactive waste derived therefrom.
(4) Not later than 180 days after the date of enactment of this Act,
the Secretary shall establish procedures for the collection and payment
of the fees established by paragraph (2) and paragraph (3). The
Secretary shall annually review the amount of the fees established by
paragraphs (2) and (3) above to evaluate whether collection of the fee
will provide sufficient revenues to offset the costs as defined in
subsection (d) herein. In the event the Secretary determines that
either insufficient or excess revenues are being collected, in order to
recover the costs incurred by the Federal Government that are specified
in subsection (d), the Secretary shall propose an adjustment to the fee
to insure full cost recovery. The Secretary shall immediately transmit
this proposal for such an adjustment to Congress. The adjusted fee
proposed by the Secretary shall be effective after a period of 90 days
of continuous session have elapsed following the receipt of such
transmittal unless during such 90--, day period either House of Congress
adopts a resolution disapproving the Secretary's proposed adjustment in
accordance with the procedures set forth for congressional review of an
energy action under section 551 of the Energy Policy and Conservation
Act. // 42 USC 6421. //
(5) Contracts entered into under this section shall provide that--,
(A) following commencement of operation of a repository, the
Secretary shall take title to the high-level radioactive waste or
spent nuclear fuel involved as expeditiously as practicable upon
the request of the generator or owner of such waste or spent fuel;
and
(B) in return for the payment of fees established by this
section, the Secretary, beginning not later than January 31, 1998,
will dispose of the high-level radioactive waste or spent nuclear
fuel involved as provided in this subtitle.
(6) The Secretary shall establish in writing criteria setting forth
the terms and conditions under which such disposal services shall be
made available.
(b) Advance Contracting Requirement.-(1)(A) The Commission shall not
issue or renew a license to any person to use a utilization or
production facility under the authority of section 103 or 104 of the
Atomic Energy Act of 1954 (42 U.S.C. 2133, 2134) unless--,
(i) such person has entered into a contract with the Secretary
under this section; or
(ii) the Secretary affirms in writing that such person is
actively and in good faith negotiating with the Secretary for a
contract under this section.
(B) The Commission, as it deems necessary or appropriate, may require
as a precondition to the issuance or renewal of a license under section
103 or 104 of the Atomic Energy Act of 1954 (42 U.S.C. 2133, 2134) that
the applicant for such license shall have entered into an agreement with
the Secretary for the disposal of high-level radioactive waste and spent
nuclear fuel that may result from the use of such license.
(2) Except as provided in paragraph (1), no spent nuclear fuel or
high-level radioactive waste generated or owned by any person (other
than a department of the United States referred to in section 101 or 102
of title 5, United States Code) may be disposed of by the Secretary in
any repository constructed under this Act unless the generator or owner
of such spent fuel or waste has entered into a contract with the
Secretary under this section by not later than--,
(A) June 30, 1983; or
(B) the date on which such generator or owner commences
generation of, or takes title to, such spent fuel or waste;
whichever occurs later.
(3) The rights and duties of a party to a contract entered into under
this section may be assignable with transfer of title to the spent
nuclear fuel or high-level radioactive waste involved.
(4) No high-level radioactive waste or spent nuclear fuel generated
or owned by any department of the United States referred to in section
101 or 102 of title 5, United States Code, may be disposed of by the
Secretary in any repository constructed under this Act unless such
department transfers to the Secretary, for deposit in the Nuclear Waste
Fund, amounts equivalent to the fees that would be paid to the Secretary
under the contracts referred to in this section if such waste or spent
fuel were generated by any other person.
(c) Establishment of Nuclear Waste Fund.-There hereby is established
in the Treasury of the United States a separate fund, to be known as the
Nuclear Waste Fund. The Waste Fund shall consist of--,
(1) all receipts, proceeds, and recoveries realized by the
Secretary under subsections (a), (b), and (e), which shall be
deposited in the Waste Fund immediately upon their realization;
(2) any appropriations made by the Congress to the Waste Fund;
and
(3) any unexpended balances available on the date of the
enactment of this Act for functions or activities necessary or
incident to the disposal of civilian high-level radioactive waste
or civilian spent nuclear fuel, which shall automatically be
transferred to the Waste Fund on such date.
(d) Use of Waste Fund.-The Secretary may make expenditures from the
Waste Fund, subject to subsection (e), only for purposes of radioactive
waste disposal activities under titles I and II, including--,
(1) the identification, development, licensing, construction,
operation, decommissioning, and post-decommissioning maintenance
and monitoring of any repository, monitored, retrievable storage
facility or test and evaluation facility constructed under this
Act;
(2) the conducting of nongeneric research, development, and
demonstration activities under this Act;
(3) the administrative cost of the radioactive waste disposal
program;
(4) any costs that may be incurred by the Secretary in
connection with the transportation, treating, or packaging of
spent nuclear fuel or high-level radioactive waste to be disposed
of in a repository, to be stored in a monitored, retrievable
storage site or to be used in a test and evaluation facility;
(5) the costs associated with acquisition, design,
modification, replacement, operation, and construction of
facilities at a repository site, a monitored, retrievable storage
site or a test and evaluation facility site and necessary or
incident to such repository, monitored, retrievable storage
facility or test and evaluation facility; and
(6) the provision of assistance to States, units of general
local government, and Indian tribes under sections 116, 118, and
219.
No amount may be expended by the Secretary under this subtitle for the
construction or expansion of any facility unless such construction or
expansion is expressly authorized by this or subsequent legislation.
The Secretary hereby is authorized to construct one repository and one
test and evaluation facility.
(e) Administration of Waste Fund.-(1) The Secretary of the Treasury
shall hold the Waste Fund and, after consultation with the Secretary,
annually report to the Congress on the financial condition and
operations of the Waste Fund during the preceding fiscal year.
(2) The Secretary shall submit the budget of the Waste Fund to the
Office of Management and Budget triennially along with the budget of the
Department of Energy submitted at such time in accordance with chapter
11 of title 31, United States Code. The budget of the Waste Fund shall
consist of the estimates made by the Secretary of expenditures from the
Waste Fund and other relevant financial matters for the succeeding 3
fiscal years, and shall be included in the Budget of the United States
Government. The Secretary may make expenditures from the Waste Fund,
subject to appropriations which shall remain available until expended.
Appropriations shall be subject to triennial authorization.
(3) If the Secretary determines that the Waste Fund contains at any
time amounts in excess of current needs, the Secretary may request the
Secretary of the Treasury to invest such amounts, or any portion of such
amounts as the Secretary determines to be appropriate, in obligations of
the United States--,
(A) having maturities determined by the Secretary of the
Treasury to be appropriate to the needs of the Waste Fund; and
(B) bearing interest at rates determined to be appropriate by
the Secretary of the Treasury, taking into consideration the
current average market yield on outstanding marketable obligations
of the United States with remaining periods to maturity comparable
to the maturities of such investments, except that the interest
rate on such investments shall not exceed the average interest
rate applicable to existing borrowings.
(4) Receipts, proceeds, and recoveries realized by the Secretary
under this section, and expenditures of amounts from the Waste Fund,
shall be exempt from annual apportionment under the provisions of
subchapter II of chapter 15 of title 31, United States Code.
(5) If at any time the moneys available in the Waste Fund are
insufficient to enable the Secretary to discharge his responsibilities
under this subtitle, the Secretary shall issue to the Secretary of the
Treasury obligations in such forms and denominations, bearing such
maturities, and subject to such terms and conditions as may be agreed to
by the Secretary and the Secretary of the Treasury. The total of such
obligations shall not exceed amounts provided in appropriation Acts.
Redemption of such obligations shall be made by the Secretary from
moneys available in the Waste Fund. Such obligations shall bear
interest at a rate determined by the Secretary of the Treasury, which
shall be not less than a rate determined by taking into consideration
the average market yield on outstanding marketable obligations of the
United States of comparable maturities during the month preceding the
issuance of the obligations under this paragraph. The Secretary of the
Treasury shall purchase any issued obligations, and for such purpose the
Secretary of the Treasury is authorized to use as a public debt
transaction the proceeds from the sale of any securities issued under
chapter 31 of title 31, United States Code, and the purposes for which
securities may be issued under such Act are extended to include any
purchase of such obligations. The Secretary of the Treasury may at any
time sell any of the obligations acquired by him under this paragraph.
All redemptions, purchases, and sales by the Secretary of the Treasury
of obligations under this paragraph shall be treated as public debt
transactions of the United States.
(6) Any appropriations made available to the Waste Fund for any
purpose described in subsection (d) shall be repaid into the general
fund of the Treasury, together with interest from the date of
availability of the appropriations until the date of repayment. Such
interest shall be paid on the cumulative amount of appropriations
available to the Waste Fund, less the average undisbursed cash balance
in the Waste Fund account during the fiscal year involved. The rate of
such interest shall be determined by the Secretary of the Treasury
taking into consideration the average market yield during the month
preceding each fiscal year on outstanding marketable obligations of the
United States of comparable maturity. Interest payments may be deferred
with the approval of the Secretary of the Treasury, but any interest
payments so deferred shall themselves bear interest.
Sec. 303. // 42 USC 10223. // The Secretary shall undertake a study
with respect to alternative approaches to managing the construction and
operation of all civilian radioactive waste management facilities,
including the feasibility of establishing a private corporation for such
purposes. In conducting such study, the Secretary shall consult with the
Director of the Office of Management and Budget, the Chairman of the
Commission, and such other Federal agency representatives as may be
appropriate. Such study shall be completed, and a report containing the
results of such study shall be submitted to the Congress, within 1 year
after the date of the enactment of this Act.
Sec. 304. // 42 USC 10224. // (a) Establishment.-There hereby is
established within the Department of Energy an Office of Civilian
Radioactive Waste Management. The Office shall be headed by a Director,
who shall be appointed by the President, by and with the advice and
consent of the Senate, and who shall be compensated at the rate payable
for level IV of the Executive Schedule under section 5315 of title 5,
United States Code.
(b) Functions of Director.-The Director of the Office shall be
responsible for carrying out the functions of the Secretary under this
Act, subject to the general supervision of the Secretary. The Director
of the Office shall be directly responsible to the Secretary.
(c) Annual Report to Congress.-The Director of the Office shall
annually prepare and submit to the Congress a comprehensive report on
the activities and expenditures of the Office.
(d) Annual Audit by Comptroller General.-The Comptroller General of
the United States shall annually make an audit of the Office, in
accordance with such regulations as the Comptroller General may
prescribe. The Comptroller General shall have access to such books,
records, accounts, and other materials of the Office as the Comptroller
General determines to be necessary for the preparation of such audit.
The Comptroller General shall submit to the Congress a report on the
results of each audit conducted under this section.
Sec. 305. // 42 USC 10225. // (a) Report to Congress.-Not later than
1 year after the date of the enactment of this Act, the Secretary shall
transmit to the Congress a report setting forth whether the Secretary
plans to locate the test and evaluation facility at the site of a
repository.
(b) Procedures.-(1) If the test and evaluation facility is to be
located at any candidate site or repository site (A) site selection and
development of such facility shall be conducted in accordance with the
procedures and requirements established in title I with respect to the
site selection and development of repositories; and (B) the Secretary
may not commence construction of any surface facility for such test and
evaluation facility prior to issuance by the Commission of a
construction authorization for a repository at the site involved.
(2) No test and evaluation facility may be converted into a
repository unless site selection and development of such facility was
conducted in accordance with the procedures and requirements established
in title I with respect to the site selection and development of
respositories.
(3) The Secretary may not commence construction of a test and
evaluation facility at a candidate site or site recommended as the
location for a repository prior to the date on which the designation of
such site is effective under section 115.
Sec. 306. // 42 USC 10226. // Nuclear Regulatory Commission Training
Authorization.--, The Nuclear Regulatory Commission is authorized and
directed to promulgate regulations, or other appropriate Commission
regulatory guidance, for the training and qualifications of civilian
nuclear powerplant operators, supervisors, technicians and other
appropriate operating personnel. Such regulations or guidance shall
establish simulator training requirements for applicants for civilian
nuclear powerplant operator licenses and for operator requalification
programs; requirements governing NRC administration of requalification
examinations; requirements for operating tests at civilian nuclear
powerplant simulators, and instructional requirements for civilian
nuclear powerplant licensee personnel training programs. Such
regulations or other regulatory guidance shall be promulgated by the
Commission within the 12-month period following enactment of this Act,
and the Commission within the 12--, month period following enactment of
this Act shall submit a report to Congress setting forth the actions the
Commission has taken with respect to fulfilling its obligations under
this section.
Approved January 7, 1983.
LEGISLATIVE HISTORY- H.R. 3809:
HOUSE REPORT No. 97 - 491 pt. 1 (Comm. on Interior and Insular
Affairs) and pt. 2 (Comm. on Armed Services).
CONGRESSIONAL RECORD, Vol. 128 (1982):
Sept. 30, Nov. 29, 30, Dec. 2, considered and passed House.
Dec. 20, considered and passed Senate, amended; House agreed
to Senate amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 19, No. 1 (1983):
Jan. 7, Presidential statement.
PUBLIC LAW 97-424, 96 STAT. 2097, SURFACE TRANSPORTATION ASSISTANCE
ACT OF 1982
highways in accordance with
title 23, United States Code, for highway safety,
for mass transportation in urban
and rural areas, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act // 23 USC
101. // may be cited as the " Surface Transportation Assistance Act of
1982"
Sec. 101. This title // 23 USC 101. // may be cited as the "
Highway Improvement Act of 1982".
Sec. 102. Subsection (b) of section 108 of the Federal-Aid Highway
Act of 1956, as amended, is amended by striking out "the additional sum
of $3,225,000,000 for the fiscal year ending September 30, 1984," and
all that follows down through the period at the end of the sentence and
by inserting in lieu thereof the following: "the additional sum of
$4,000,000,000 for the fiscal year ending September 30, 1984, the
additional sum of $4,000,000,000 for the fiscal year ending September
30, 1985, the additional sum of $4,000,000,000 for the fiscal year
ending September 30, 1986, the additional sum of $4,000,000,000 for the
fiscal year ending September 30, 1987, and the additional sum of
$4,000,000,000 for the fiscal year ending September 30, 1988, the
additional sum of $4,000,000,000 for the fiscal year ending September
30, 1989, and the additional sum of $4,000,000,000 for the fiscal year
ending September 30, 1990.".
Sec. 103. // 23 USC 101. // (a) For each of the fiscal years 1984,
1985, 1986, and 1987, no State, including the State of Alaska, shall
receive less than one--, half of 1 per centum of the total apportionment
for the Interstate System under section 104(b)(5)(A) of title 23, United
States Code. Whenever amounts made available under this subsection for
the Interstate System in any State exceed the estimated cost of
completing that State's portion of the Interstate System, and exceed the
estimated cost of necessary resurfacing, restoration, rehabilitation,
and reconstruction of the Interstate System within such State, the
excess amount shall be eligible for expenditure for those purposes for
which funds apportioned under paragraphs (1), (2), and (6) of such
section 104(b) may be expended and shall also be available for
expenditure to carry out section 152 of title 23, United States Code.
(b) Section 4(b) of the Federal-Aid Highway Act of 1982 // 23 USC
104. // is repealed.
Sec. 104. // 23 USC 104. // (a) Notwithstanding any other provision
of law, the total of all obligations for Federal-aid highways and
highway safety construction programs shall not exceed--,
(1) $12,100,000,000 for fiscal year 1983;
(2) $12,750,000,000 for fiscal year 1984;
(3) $13,550,000,000 for fiscal year 1985; and
(4) $14,450,000,000 for fiscal year 1986.
These limitations shall not apply to obligations for emergency relief
under section 125 of title 23, United States Code, or projects covered
under section 147 of the Surface Transportation Assistance Act of 1978,
// 23 USC 144. // or section 9 of the Federal-Aid Highway Act of 1981
or section 118 of the National Visitor Center Facilities Act of 1968.
// 95 Stat. 1701. 95 Stat. 1672; 40 USC 818. // No obligation
constraints shall be placed upon any ongoing emergency project carried
out under section 125 of title 23, United States Code, or section 147 of
the Surface Transportation Assistance Act of 1978.
(b) For each of the fiscal years 1983, 1984, 1985, and 1986, the
Secretary of Transportation shall distribute the limitation imposed by
subsection (a) by allocation in the ratio which sums authorized to be
appropriated for Federal-aid highways and highway safety construction
which are apportioned or allocated to each State for such fiscal year
bears to the total of the sums authorized to be appropriated for
Federal-aid highways and highway safety construction which are
apportioned or allocated to all the States for such fiscal year.
(c) During the period October 1 through December 31, 1982, no State
shall obligate more than 35 per centum of the amount distributed to such
State under subsection (b) for fiscal year 1983, and the total of all
State obligations during such period shall not exceed 25 per centum of
the total amount distributed to all States under such subsection for
such fiscal year.
(d) Notwithstanding subsections (b) and (c), the Secretary shall--,
(1) provide all States with authority sufficient to prevent
lapses of sums authorized to be appropriated for Federal-aid
highways and highway safety construction which have been
apportioned or allocated to a State, except in those instances in
which a State indicates its intention to lapse sums apportioned
under section 104(b)(5)(A) of title 23, United States Code;
(2) after August 1 of each of the fiscal years 1983, 1984,
1985, and 1986, revise a distribution of the funds made available
under subsection (b) for such fiscal year if a State will not
obligate the amount distributed during such fiscal year and
redistribute sufficient amounts to those States able to obligate
amounts in addition to those previously distributed during such
fiscal year giving priority to those States having large
unobligated balances of funds apportioned under section 104 of
title 23, United States Code, and giving priority to those States
which, because of statutory changes made by this Act and the
Federal-Aid Highway Act of 1981,
// 95 Stat. 1699. 23 USC 101. //
have experienced substantial proportional reductions in their
apportionments and allocations; and
(3) not distribute amounts authorized for administrative
expenses and forest highways.
(e)(1) Section 1106(b) of the Omnibus Budget Reconciliation Act of
1981 // 23 USC 104. // is repealed.
(2) Section 1106(c) of the Omnibus Budget Reconciliation Act of 1981
is amended to read as follows:
"(c) For the fiscal year 1982, the Secretary of Transportation shall
distribute the limitation imposed by subsection (a) by allocation in the
ratio which sums authorized to be appropriated for Federal-aid highways
and highway safety construction which are apportioned to each State for
such fiscal year bears to the total of the sums authorized to be
appropriated for Federal-aid highways and highway safety construction
which are apportioned to all the States for such fiscal year.".
(3) Section 1106(d) of the Omnibus Budget Reconciliation Act of 1981
is amended by striking out "periods" and inserting in lieu thereof
"period" and by striking out "and October 1 through December 31, 1982,".
(4) Section 1106(e)(2) of the Omnibus Budget Reconciliation Act of
1981 is amended by striking out "and after August 1, 1983,".
Sec. 105. (a) For the purpose of carrying out the provisions of
title 23, United States Code, the following sums are hereby authorized
to be appropriated:
(1) For the Federal-aid primary system in rural areas, including the
extensions of the Federal-aid primary system in urban areas, and the
priority primary routes, out of the Highway Trust Fund, $1,850,000,000
(reduced by the amount authorized by the first sentence of section 4(
a)(1) of the Federal-Aid Highway Act of 1982) for the fiscal year ending
September 30, 1983, $2,100,000,000 for the fiscal year ending September
30, 1984, $2,300,000,000 for the fiscal year ending September 30, 1985,
and $2,450,000,000 for the fiscal year ending September 30, 1986. For
the Federal-aid secondary system in rural areas, out of the Highway
Trust Fund, $650,000,000 (reduced by the amount authorized by the second
sentence of section 4(a)(1) of the Federal-Aid Highway Act of 1982) for
the fiscal year ending September 30, 1983, $650,000,000 for the fiscal
year ending September 30, 1984, $650,000,000 for the fiscal year ending
September 30, 1985, and $650,000,000 for the fiscal year ending
September 30, 1986.
(2) For the Federal-aid urban system, out of the Highway Trust Fund,
$800,000,000 (reduced by the amount authorized by section 4(a)(2) of the
Federal-Aid Highway Act of 1982) for the fiscal year ending September
30, 1983, and $800,000,000 per fiscal year for each of the fiscal years
ending September 30, 1984, September 30, 1985, and September 30, 1986.
(3) For Indian reservation roads, out of the Highway Trust Fund,
$75,000,000 for the fiscal year ending September 30, 1983, and
$100,000,000 per fiscal year for each of the fiscal years ending
September 30, 1984, September 30, 1985, and September 30, 1986.
(4) For the Virgin Islands, all such sums as may be required for the
continued presence and operation of the office of the territorial
representative of the Federal Highway Administration in St. Thomas,
Virgin Islands.
(5) For parkways and park highways, out of the Highway Trust Fund,
$75,000,000 for the fiscal year ending September 30, 1983 and
$100,000,000 per fiscal year for each of the fiscal years ending
September 30, 1984, September 30, 1985, and September 30, 1986.
(6) For the forest highways, out of the Highway Trust Fund,
$50,000,000 (reduced by the amount authorized by section 4(a)(3) of the
Federal-Aid Highway Act of 1982) for the fiscal year ending September
30, 1983, and $50,000,000 per fiscal year for each of the fiscal years
ending September 30, 1984, September 30, 1985, and September 30, 1986.
(7) For public lands highways, out of the Highway Trust Fund,
$50,000,000 (reduced by the amount authorized by section 4(a)(4) of the
Federal-Aid Highway Act of 1982) for the fiscal year ending September
30, 1983, and $50,000,000 per fiscal year for each of the fiscal years
ending September 30, 1984, September 30, 1985, and September 30, 1986.
(b) Section 151 of the Federal-Aid Highway Act of 1978 // 92 Stat.
2715. // is repealed.
(c) In the case of fiscal years 1983 and 1984, each State shall, with
respect to any Federal funds available to such State for expenditure on
the Federal-aid primary system in excess of the amount apportioned to
such State under section 104(b)(1) of title 23, United States Code, for
such expenditure in fiscal year 1982, give priority consideration to
those priority primary routes designated in Committee Print Numbered 97
- 61 of the Committee on Public Works and Transportation of the House of
Representatives.
(d) Of the sums apportioned to each State under subsections (a)(1)
and (a)(2) of this section for each fiscal year, beginning with fiscal
year 1984, not less than 40 per centum of such program funds shall be
expended by such State on projects for resurfacing, restoring,
rehabilitating, and reconstructing existing highways unless the State
certifies to the Secretary that such percentage of funds is in excess of
the resurfacing, restoring, rehabilitating, and reconstructing needs of
existing highways in the State and the Secretary accepts such
certification. The requirement of the preceding sentence shall apply
only to that portion of a State's apportionment not used for reimbursing
such State for bond retirement under section 122 of title 23, United
States Code, or for advance construction funding under section 115 of
title 23, United States Code.
(e) Section 4(a) of the Federal-Aid Highway Act of 1982 is amended by
striking out "a joint resolution making continuing appropriations for
such fiscal year," and inserting in lieu thereof " Public Law 97 -
276,".
(f) Except to the extent that the Secretary determines otherwise, not
less than 10 per centum of the amounts authorized to be appropriated
under this Act shall be expended with small business concerns owned and
controlled by socially and economically disadvantaged individuals as
defined by section 8(d) of the Small Business Act (15 U.S.C. section
637(d)) and relevant subcontracting regulations promulgated pursuant
thereto.
Sec. 106. Section 105 of the Surface Transportation Assistance Act
of 1978 // 95 Stat. 1699. // is amended by striking out "and not to
exceed $800,000,000 for the fiscal year ending September 30, 1984." and
inserting in lieu thereof "not to exceed $1,950,000,000 for the fiscal
year ending September 30, 1984, not to exceed $2,400,000,000 for the
fiscal year ending September 30, 1985, not to exceed $2,800,000,000 for
the fiscal year ending September 30, 1986, and not to exceed
$3,150,000,000 for the fiscal year ending September 30, 1987.".
Sec. 107. (a)(1) Section 103(e)(4) of title 23, United States Code,
is amended by striking out the eighth sentence and inserting in lieu
thereof the following: " For the fiscal year ending September 30, 1983,
$257,000,000 shall be available out of the Highway Trust Fund for
expenditure at the discretion of the Secretary for projects under
highway assistance programs. For the fiscal years ending September 30,
1984, September 30, 1985, and September 30, 1986, sums obligated for
projects under highway assistance programs shall be paid out of the
Highway Trust Fund, and $700,000,000 shall be available for expenditure
during each of the fiscal years ending September 30, 1984, and September
30, 1985, and $725,000,000 shall be available for expenditure during the
fiscal year ending September 30, 1986. Twenty-five per centum of the
funds available from the Highway Trust Fund for each of the fiscal years
ending September 30, 1984, September 30, 1985, and September 30, 1986,
for substitute highway projects under this paragraph shall be
distributed at the discretion of the Secretary. The remaining 75 per
centum of such funds shall be apportioned in accordance with cost
estimates approved by Congress. The Secretary shall make an estimate of
the cost of completing substitute highway projects under this paragraph
and transmit the same to the Senate and the House of Representatives as
soon as practicable after the date of enactment of this sentence. Upon
approval of such cost estimate by Congress, the Secretary shall use the
Federal share of such approved estimate in making apportionments for
substitute highway projects for the fiscal year ending September 30,
1984. The Secretary shall make a revised estimate of the cost of
completing substitute highway projects under this paragraph and transmit
the same to the Senate and the House of Representatives within ten days
subsequent to January 2, 1984, and upon approval by Congress, the
Secretary shall use the Federal share of such approved estimate in
making apportionments for substitute highway projects for the fiscal
years ending September 30, 1985, and September 30, 1986. There are
authorized to be appropriated for liquidation of obligations incurred
under this paragraph the sums provided in section 4(g) of the Urban Mass
Transportation Act of 1964. // 49 USC 1603. // Fifty per centum of the
funds appropriated for each fiscal year beginning after September 30,
1983, for carrying out substitute transit projects under this paragraph
shall be distributed at the discretion of the Secretary. The remaining
50 per centum of such funds shall be apportioned in accordance with cost
estimates approved by Congress. The Secretary shall make an estimate of
the cost of completing substitute transit projects under this paragraph
and transmit the same to the Senate and the House of Representatives as
soon as practicable after the date of enactment of this sentence. Upon
approval of such cost estimate by Congress, the Secretary shall use the
Federal share of such approved estimate in making apportionments for
substitute transit projects for the fiscal year ending September 30,
1984. The Secretary shall make a revised estimate of the cost of
completing substitute transit projects under this paragraph and transmit
the same to the Senate and the House of Representatives within ten days
subsequent to January 2, 1984, and upon approval by Congress, the
Secretary shall use the Federal share of such approved estimate in
making apportionments for substitute transit projects for the fiscal
years ending September 30, 1985, and September 30, 1986.".
(2) Section 103(e)(4) of title 23, United States Code, is amended by
striking out the sixth sentence and inserting in lieu thereof the
following: " The sums apportioned under this paragraph for public mass
transit projects shall remain available for the fiscal year for which
apportioned and for the succeeding fiscal year. The sums available for
obligation under this paragraph for projects under any highway
assistance program shall remain available for the fiscal year for which
apportioned and for the succeeding fiscal year. Any sums which are
apportioned to a State for a fiscal year and are unobligated (other than
an amount which, by itself, is insufficient to pay the Federal share of
the cost of a substitute project which has been submitted by the State
to the Secretary for approval) at the end of such fiscal year shall be
apportioned among those States which have obligated all sums (other than
such an amount) apportioned to them for such fiscal year, in accordance
with the latest approved estimate of the cost of completing the
appropriate substitute projects in such States.".
(b) Section 103(e)(4) of title 23, United States Code, is amended by
adding at the end thereof the following: " Any route or segment thereof
which was statutorily designed after March 7, 1978, to be on the
Interstate System shall not be eligible for withdrawal or substitution
under this subsection.".
(c)(1) Section 103(e)(4) of title 23, United States Code, is further
amended by--,
(A) inserting in the second sentence after the words "approved
by Congress," the following: "or up to and including the 1983
interstate cost estimate, whichever is earlier,";
(B) striking out in the second sentence "the date of enactment
of the Federal-Aid Highway Act of 1976 or" and "whichever is
later, and in accordance with the design of the route or portion
thereof that is the basis of the latest cost estimate";
(C) inserting in the second sentence after "approval of each
substitute project under this paragraph," the following: "or the
date of approval of the 1983 interstate cost estimate, whichever
is earlier,".
(2) Notwithstanding any other provision of law, with respect to any
route or portion thereof on the Interstate System approval of which is
or has been withdrawn under section 103(e)(4) of title 23, United States
Code, // 23 USC 103. // in any case where the sum determined under the
second sentence of such section is less than the cost to complete the
withdrawn route or portion (in accordance with the design of such route
or portion on the date of such withdrawal) as of June 30, 1980, as a
result of decreases in construction costs, the sum which shall be
available to the Secretary under such sentence shall be an amount equal
to such cost of completion as of June 30, 1980.
(d) The third sentence of section 103(e)(4) of title 23, United
States Code, is amended by striking out the period and inserting in lieu
thereof the following: ", and except that with respect to any route
which on May 12, 1982, is under judicial injunction prohibiting its
construction the Secretary may approve substitute projects and
withdrawals on such route until September 30, 1985.".
(e)(1) The first sentence of section 103(e)(4) of title 23, United
States Code is amended by striking "which is within an urbanized area or
which passes through and connects urbanized areas within a State and".
(2) The second sentence of section 103(e)(4) of title 23, United
States Code is amended by striking "which will serve the urbanized area
and the connecting nonurbanized area corridor from which the interstate
route or portion thereof was withdrawn, which are selected by the
responsible local officials of the urbanized area or area to be served,
and which are submitted by the Governor of the State in which the
withdrawn route was located." and inserting in lieu thereof, "which will
serve the area or areas from which the interstate route or portion
thereof was withdrawn, which are selected by the responsible local
officials of the area or areas to be served, and which are selected by
the Governor or the Governors of the State or the States in which the
withdrawn route was located if the withdrawn route was not within an
urbanized area or did not pass through and connect urbanized areas, and
which are submitted by the Governors of the States in which the
withdrawn route was located.".
(f) The first sentence of section 122 of title 23, United States
Code, is amended to read as follows: " Any State that shall use the
proceeds of bonds issued by the State, county, city, or other political
subdivision of the State for the construction of one or more projects on
the Federal-aid primary or Interstate System, or extensions of any of
the Federal-aid highway systems in urban areas, or for substitute
highway projects approved under section 103(e)(4) of this title, may
claim payment of any portion of the sums apportioned to it for
expenditure on such system or on highway projects approved under section
103(e)(4) of this title to aid in the retirement of the principal of
such bonds the proceeds of which were used for projects on the
Federal-aid primary system or extensions of any of the Federal-aid
highway systems in urban areas and the retirement of the principal and
interest of such bonds the proceeds of which were used for projects on
the Interstate System at their maturities, to the extent that the
proceeds of such bonds have been actually expended in the construction
of one or more of such projects.".
(g) Section 107(e) of the Federal-Aid Highway Act of 1978 // 23 USC
103. // is amended by adding at the end thereof the following new
sentence: " For purposes of this subsection, the term 'construction'
has the meaning such term has under section 101(a) of title 23, United
States Code.".
Sec. 108. (a) Notwithstanding section 104(b)(1) of title 23, United
States Code, // 23 USC 104. // and any other provision of law, amounts
authorized for fiscal years 1983, 1984, 1985, and 1986 for the
Federal-aid primary system (including extensions in urban areas and
priority primary routes) shall be apportioned in accordance with this
section. The Secretary of Transportation shall determine for each State
the higher of (1) the amount which would be apportioned to such State
under section 104(b)(1) of title 23, United States Code, and (2) the
amount which would be apportioned to such State under the following
formula:
One-half in the ratio which the population of rural areas of
each State bears to the total population of rural areas of all the
States as shown by the latest available Federal census and one--,
half in the ratio which the population in urban areas in each
State bears to the total population in urban areas in all the
States as shown by the latest Federal census.
(b) The Secretary of Transportation shall, for each of the fiscal
years 1983, 1984, 1985, and 1986, determine the total of the amounts
determined for each State under subsection (a) and shall determine the
ratio which the total amount authorized for such fiscal year for the
Federal-aid primary system bears to the total of such amounts determined
under subsection (a) for such fiscal year.
(c) The amount which shall be apportioned to each State for the
Federal-aid primary system (including extensions in urban areas and
priority primary routes) for each of the fiscal years 1983, 1984, 1985,
and 1986 shall be the amount determined for such State under subsection
(a), multiplied by the ratio determined under subsection (b).
(d) Notwithstanding any other provision of law, no State shall
receive an apportionment under this section for any fiscal year which is
less than the lower of (1) the amount which the State would be
apportioned for such fiscal year under section 104(b)(1) of title 23,
United States Code, and (2) the amount which would be determined under
the formula set forth in subsection (a). Notwithstanding any other
provision of law, no State shall receive for any such fiscal year less
than one-half of 1 per centum of the total apportionment under this
section for such fiscal year. For purposes of this paragraph and
subsection (b) of section 103 of this title, // 23 USC 103. // the
Virgin Islands, Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands shall be considered together as one State. The
State consisting of the Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Mariana Islands shall not receive less than one-half
of 1 per centum of each year's apportionment. There are authorized to
be appropriated such sums as may be necessary out of the Highway Trust
Fund to carry out this subsection. Funds authorized by this subsection
shall be available for obligation in the same manner and to the same
extent as if such funds were apportioned under chapter 1 of title 23,
United States Code. // 23 USC 101. //
(e) Amounts apportioned under this section shall be deemed to be
amounts apportioned under section 104(b)(1) of title 23, United States
Code, for purposes of such title and all other provisions of law. Terms
used in this section shall have the same meaning such terms have in
chapter 1 of title 23, United States Code.
(f) Section 103(b)(1) of title 23, United States Code, is amended by
striking out "or Puerto Rico" and inserting in lieu thereof " Puerto
Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands."
Sec. 109. (a) Section 105 of title 23, United States Code, is
amended by adding at the end thereof the following new subsection:
"(h) In preparing programs to submit in accordance with subsection
(a) of this section, the State highway departments may give priority to
projects for the reconstruction, resurfacing, restoration, or
rehabilitation of highways which are incurring a substantial use as a
result of transportation activities to meet national energy requirements
and which will continue to incur such use, and in approving such
programs the Secretary may give priority to such projects.".
(b) Section 120 of title 23, United States Code, is amended by adding
at the end thereof the following new subsection:
"(k) Notwithstanding any other provision of this section, the Federal
share payable on account of any project under this title to reconstruct,
resurface, restore, and rehabilitate any hhighway which the Secretary
determines, at the request of any State, is incurring a substantial use
as a result of transportation activities to meet national energy
requirements and will continue to incur such use is 85 per centum of the
cost of such project.".
Sec. 110. (a) Section 109 of title 23, United States Code, is
amended by adding at the end thereof the following new subsection:
"(o) It is the intent of Congress that any project for resurfacing,
restoring, or rehabilitating any highway, other than a highway access to
which is fully controlled, in which Federal funds participate shall be
constructed in accordance with standards to preserve and extend the
service life of highways and enhance highway safety.".
(b) // 23 USC 109. // The Secretary of Transportation shall enter
into appropriate arrangements with the National Academy of Sciences (1)
to conduct a study of the safety cost-effectiveness of geometric design
criteria of standards currently in effect for construction and
reconstruction of highways, other than highways access to which is fully
controlled, to determine the most appropriate minimum standards to apply
to resurfacing, restoration, and rehabilitation projects on such
highways, which study shall include a study of the cost effectiveness of
the hot dip galvanizing process for the installation, repair, or
replacement of exposed structural and miscellaneous steel, and (2) to
propose standards to preserve and extend the service life of such
highways and enhance highway safety. The National Academy of Sciences
shall conduct such study in cooperation with the National Transportation
Safety Board, the Congressional Budget Office, and the American
Association of State Highway and Transportation Officials. Upon
completion of such study, the National Academy of Sciences shall submit
such study and its proposed standards to the Secretary of Transportation
for review. Within ninety days after submission of such standards to
the Secretary of Transportation, the Secretary shall submit such study
and the proposed standards of the National Academy of Sciences, together
with the recommendations of the Secretary, to Congress for approval.
(c)(1) // 23 USC 109. // The Secretary of Transportation is directed
to coordinate a study with the National Bureau of Standards, the
American Society for Testing and Materials, and other organizations as
deemed appropriate, (A) to determine the existing quality of design,
construction, products, use and systems for highways and bridges; (B)
to determine the need for uniform standards and criteria for design,
processing, products, and applications, including personnel training and
implementation of enforcement techniques; and (C) to determine the
manpower needs and costs of developing a national system for the
evaluation and accreditation of testing and inspection agencies.
(2) The Secretary shall submit such study to the Congress not later
than one year after the date of enactment of this section.
Sec. 111. Notwithstanding section 111 of title 23, United States
Code, // 23 USC 111. // before October 1, 1983, any State may permit
the placement of vending machines in rest and recreation areas and in
safety rest areas constructed or located on rights-of-way of the
National System of Interstate and Defense Highways in such State. Such
vending machines may only dispense such food, drink, and other articles
as the State highway department determines are appropriate and
desirable. Such vending machines may only be operated by the State. In
permitting the placement of vending machines under this Section, the
State shall give priority to vending machines which are operated through
the State licensing agency designated pursuant to section 2(a)( 5) of
the Act of June 20, 1936, commonly known as the Randolph-Sheppard Act
(20 U.S.C. 107a(a)(5)). The costs of installation, operation, and
maintenance of vending machines under this section shall not be eligible
for Federal assistance under title 23, United States Code.
Sec. 112. Section 112 of title 23, United States Code, is amended--,
(1) in subsection (b) by striking out "unless the Secretary
shall affirmatively find that, under the circumstances relating to
such project, some other method is in the public interest" and
inserting in lieu thereof "unless the State highway department
demonstrates, to the satisfaction of the Secretary, that some
other method is more cost effective"; and
(2) in subsection (e) by striking out the period at the end and
inserting in lieu thereof the following: ", except where
employees of a political subdivision of a State are working on a
project outside of such political subdivision.".
Sec. 113. (a) Section 115(b)(2) of title 23, United States Code, is
amended by striking out "1978" each place it appears and inserting in
lieu thereof "1983".
(b) Section 115(b) of title 23, United States Code, is amended by
adding at the end thereof the following:
"(3) Subject to the provisions of this paragraph, the cost of
construction of a project, the Federal share of which the Secretary is
authorized to pay under this subsection, shall include the amount of any
interest earned and payable on bonds issued by the State to the extent
that the proceeds of such bonds have actually been expended in the
construction of such project. In no event shall the amount of interest
considered as a cost of construction of a project under the preceding
sentence be greater than the excess of (A) the amount which would be the
estimated cost of construction of the project if the project were to be
constructed at the time the project is converted to a regularly funded
project, over (B) the actual cost of construction of such project (not
including such interest). The Secretary shall consider changes in
construction cost indices in determining the amount under clause (A) of
this paragraph.".
(c) Section 115(a) of title 23, United States Code, is amended to
read as follows:
"(a)(1) When a State has obligated all funds apportioned or allocated
to it under section 103(e)(4), 104, or 144 of this title, other than
Interstate funds, and proceeds to construct any highway substitute,
Federal-aid system, or bridge project, respectively, other than an
Interstate project funded under section 104(b)(5) of this title, without
the aid of Federal funds in accordance with all procedures and all
requirements applicable to such a project, except insofar as such
procedures and requirements limit a State to the construction of
projects with the aid of Federal funds previously apportioned to it, the
Secretary, upon application by such State and his approval of such
application, is authorized to pay to such State the Federal share of the
costs of construction of such project when additional funds are
apportioned to such State under section 103(e)(4), 104, or 144,
respectively, of this title if--,
"(A) prior to the construction of the project the Secretary
approves the plans and specifications therefor in the same manner
as other projects, and
"(B) the project conforms to the applicable standards adopted
under section 109 of this title.
"(2) The Secretary may not approve an application under this section
unless an authorization for section 103(e)(4), 104, or 144 of this
title, as the case may be, is in effect for the fiscal year for which
the application is sought beyond the currently authorized funds for such
State. No application may be approved which will exceed the State's
expected apportionment of such authorizations.".
(d) Section 115(c) of title 23, United States Code, is amended by
striking "104" and inserting in lieu thereof "103(e)(4), 104, or 144".
Sec. 114. The second sentence of subsection (c) of section 116 of
title 23, United States Code, is amended to read as follows: " If,
within ninety days after receipt of such notice, such project has not
been put in proper condition of maintenance, the Secretary shall
withhold approval of further projects of all types in the State highway
district, municipality, county, other political or administrative
subdivision of the State, or the entire State in which such project is
located, whichever the Secretary deems most appropriate, until such
project shall have been put in proper condition of maintenance.".
Sec. 115. (a) Section 118(b) of title 23, United States Code, is
amended to read as follows:
"(b)(1) Sums apportioned to each Federal-aid system (other than the
Interstate System) shall continue available for expenditure in that
State for the appropriate Federal-aid system or part thereof (other than
the Interstate System) for a period of three years after the close of
the fiscal year for which such sums are authorized and any amounts so
apportioned remaining unexpended at the end of such period shall lapse.
"(2) Except as otherwise provided in this subsection, sums
apportioned for the Interstate System in any State shall remain
available for expenditure in that State for the Interstate System until
the end of the fiscal year for which authorized. Sums not obligated
within the time period prescribed by the preceding sentence shall be
made available by the Secretary for projects on the Interstate System
(other than projects for which sums are apportioned under section 104(
b)(5)(B)) in accordance with the following priorities: First, for high
cost projects which directly contribute to the completion of an
Interstate segment which is not open to traffic; and second, for
projects of high cost in relation to a State's apportionment. Sums may
only be made available under this paragraph in any State if the
Secretary determines that the State has obligated all of its
apportionments other than an amount which, by itself, is insufficient to
pay the Federal share of the cost of a project on the Interstate System
which has been submitted by such State to the Secretary for approval,
and the applicant is willing and able to (A) apply the funds to a
ready-to-commence project; and (B) in the case of construction work,
begin work within ninety days of obligation. Sums made available under
this paragraph shall remain available until expended.
"(3) Any amount apportioned to the States for the Interstate System
under subsection (b)(5)(B) of section 104 of this title shall continue
to be available for expenditure in that State for a period of two years
after the close of the fiscal year for which such sums are authorized.
Sums not obligated within the time period prescribed by the preceding
sentence shall be made available by the Secretary for projects for
resurfacing, restoring, rehabilitating, and reconstructing the
Interstate System to any other State applying for such funds, if the
Secretary determines that the State has obligated all of its
apportionments under such subsection other than an amount which, by
itself, is insufficient to pay the Federal share of the cost of such a
project which has been submitted by such State to the Secretary for
approval, and the applicant is willing and able to (A) obligate the
funds within one year of the date the funds are made available; (B)
apply them to a ready-to-commence project; and (C) in the case of
construction work, begin work within ninety days of obligation. Sums
made available under this paragraph shall remain available until
expended.
"(4) Sums apportioned to a Federal-aid system for any fiscal year
shall be deemed to be expended if a sum equal to the total of the sums
apportioned to the State for such fiscal year and previous fiscal years
is obligated. Any Federal-aid highway funds released by the payment of
the final voucher or by the modification of the formal project agreement
shall be credited to the same class of funds, primary, secondary, urban,
or interstate, previously apportioned to the State and be immediately
available for expenditure.".
"(b) Section 118 of title 23 United States Code is amended by
relettering subsections (c) and (d) as subsections (e) and (f),
respectively, and by adding after subsection (b) thereof the following
new subsections:
"(c) Before any apportionment is made under section 104(b)(5)(A) of
this title for a fiscal year beginning after September 30, 1983, the
Secretary shall set aside $300,000,000. Such amount shall be available
only for obligation by the Secretary in accordance with subsection (b)(
2) of this section.
"(d) In addition to amounts otherwise available to carry out this
section, an amount equal to the amount by which the unobligated
apportionment for the Interstate System in any State is reduced under
section 103(e)(4) of this title on account of the withdrawal of a route
or portion thereof on the Interstate System, which withdrawal is
approved after the date of enactment of this subsection, shall be
available to the Secretary for obligation in accordance with subsection
(b)(2) of this section.".
Sec. 116. (a)(1) Section 119(a) of title 23, United States Code, is
amended by inserting after the first sentence the following: " In
addition to projects approved under the preceding sentence, beginning
with funds apportioned for fiscal year 1984, the Secretary may approve
projects for resurfacing, restoring, rehabilitating, and reconstructing
those routes or portions thereof on the Interstate System designated
before the date of enactment of this sentence under section 139(a) of
this title (other than routes on toll roads not subject to a Secretarial
agreement provided for in section 105 of the Federal-Aid Highway Act of
1978) // 92 Stat. 2692. // which routes or portions were so designated
in conjunction with the withdrawal of approval of another route or
portion thereof on the Interstate System under section 103(e)(4) of this
title.".
(2) The last sentence of section 119(a) of title 23, United States
Code, is amended by striking out "designated under sections 103 and
139(c) of this title" and inserting in lieu thereof "under this
subsection".
(3) The last sentence of section 139(a) of title 23, United States
Code, is amended by striking out the period at the end thereof and
inserting in lieu thereof the following: ", except that any State may
use funds available to it under section 104(b)(1) of this title and,
beginning with funds apportioned for fiscal year 1984, under section
104(b)(5)(B) of this title for the resurfacing, restoring,
rehabilitating, and reconstructing of any route or portion thereof on
the Interstate System on which a project may be approved under the
second sentence of section 119(a) of this title.".
(b) The last subsection of section 119 of title 23, United States
Code, is relettered as subsection (c).
(c) Section 119 of title 23, United States Code, is amended by adding
at the end thereof the following new subsection:
"(d) Upon application by a State and approval by the Secretary, the
Secretary may authorize the transfer of so much of the amount
apportioned to such State for any fiscal year under paragraph (5)(A) of
subsection (b) of section 104 of this title, as does not exceed the
Federal share of the cost of segments of the Interstate System open to
traffic in such State (other than high occupancy vehicle lanes), in the
most recent cost estimate, to the apportionment under paragraph (5)(B)
of subsection (b) of section 104 of this title, except that not more
than 50 per centum of the total apportionment under such paragraph (5)(
A) for a fiscal year shall be transferred under this subsection for such
fiscal year. The next cost estimate submitted to Congress under
paragraph (5)(A) of subsection (b) of such section 104 of the cost of
completing segments of the Interstate System open to traffic in that
State (other than high occupancy vehicle lanes) shall be reduced for
such State in an amount equal to the amount transferred under this
subsection.".
Sec. 117. (a) Section 120(c) of title 23, United States Code, is
amended by adding at the end thereof the following new sentence: "
Notwithstanding subsection (a) of this section, the Federal share
payable on account of any project financed with primary funds on the
Interstate System for resurfacing, restoring, rehabilitating, and
reconstructing shall be the percentage provided in this subsection.".
(b) Section 120(d) of title 23, United States Code, is amended by
inserting "or for pavement marking" after "signalization" and by adding
at the end thereof the following: " The Federal share payable on
account of any project for traffic control signalization under section
103(e)(4) of this title may amount to 100 per centum of the cost of
construction of such project.".
(c) Section 120 of title 23, United States Code, is amended by adding
at the end thereof the following new subsection:
"(j) Notwithstanding any other provision of this section (other than
subsection (i)), of this title, or of any other law, in any case where a
State elects to use funds apportioned to it for any Federal--, aid
system for any project under sections 143, 148, and 155, of this title
and for those priority primary routes under section 147 of this title
designated in Committee Print Numbered 97 - 61 of the Committee on
Public Works and Transportation of the House of Representatives, the
Federal share payable on account of such project shall be 95 per centum
of the cost thereof, unless--,
"(1) such project is on land owned by the United States in
which case the Federal share shall be 100 per centum of the cost
of such project, or
"(2) a Federal share of the cost of the project greater than 95
per centum is specifically authorized by law.".
Sec. 118. Section 137 of title 23, United States Code, is amended by
inserting the following new subsection (f):
"(f)(1) The Secretary may approve for Federal financial assistance
from funds apportioned under section 104(b)(5)(B) of this title,
projects for designating existing facilities, or for acquisition of
rights of way or construction of new facilities, for use as preferential
parking for carpools, provided that such facilities (A) are located
outside of a central business district and within an interstate highway
corridor, and (B) have as their primary purpose the reduction of
vehicular traffic on the interstate highway.
"(2) Nothing in this subsection, or in any rule or regulation issued
under this subsection, or in any agreement required by this subsection,
shall prohibit (A) any State, political subdivision, or agency or
instrumentality thereof, from contracting with any person to operate any
parking facility designated or constructed under this subsection, or (B)
any such person from so operating such facility. Any fees charged for
the use of any such facility in connection with the purpose of this
subsection shall not be in excess of the amount required for operation
and maintenance, including compensation to any person for operating the
facility.
"(3) For the purposes of this subsection, the terms 'facilities' and
'parking facilities' are synonymous and shall have the same meaning
given 'parking facilities' in subsection (c) of this section.".
Sec. 119. (a) The first and third sentences of subsection (a) of
section 140 of title 23, United States Code, are amended by striking the
words "or national origin" and inserting in lieu thereof the words ",
national origin, or sex".
(b) Section 140 of title 23, United States Code, is amended by adding
new subsection (c) as follows:
"(c) The Secretary, in cooperation with any other department or
agency of the Government, State agency, authority, association,
institution, corporation (profit or nonprofit), or any other
organization or person, is authorized to develop, conduct, and
administer training programs and assistance programs in connection with
any program under this title in order that minority businesses may
achieve proficiency to compete, on an equal basis, for contracts and
subcontracts. Whenever apportionments are made under subsection 104(a)
of this title, the Secretary shall deduct such sums as he may deem
necessary, not to exceed $10,000,000 per fiscal year, for the
administration of this subsection. The provisions of section 3709 of
the Revised Statutes, as amended (41 U.S.C. 5), shall not be applicable
to contracts and agreements made under the authority herein granted to
the Secretary notwithstanding the provisions of section 302(e) of the
Federal Property and Administrative Services Act of 1949 (41 U.S.C.
252(e)).".
(c) The title of section 140 of title 23, United States Code, is
amended to read as follows:
" Section 140. Nondiscrimination" and the analysis of chapter 1 of
title 23, United States Code, is amended by striking out
"140. Equal employment opportunity." and inserting in lieu thereof
"140. Nondiscrimination.".
Sec. 120. (a) The last sentence of section 142(a)(1) of title 23,
United States Code, is amended by inserting "and the cost of providing
shuttle service to and from the facility" after "of the facility" and by
inserting "and for providing such shuttle service" after "operating the
facility".
(b) Section 142 of title 23, United States Code, is amended as
follows:
(1) In subsection (a)(1) in the first sentence the words "bus
lanes" and insert in lieu thereof "high occupancy vehicle lanes"
and delete the words "bus and other" and insert in lieu thereof
"high occupancy vehicle and".
(2) In subsection (b) delete the word "bus" and insert in lieu
thereof "high occupancy vehicle".
(3) In subsection (f) delete the words "public mass
transportation systems" and insert in lieu thereof "high occupancy
vehicles".
Sec. 121. (a) Subsection (e) of section 144 of title 23, United
States Code, is amended to read as follows:
"(e) Funds authorized to carry out this section shall be apportioned
among the several States on October 1 of the fiscal year for which
authorized in accordance with this subsection. Each deficient bridge
shall be placed into one of the following categories: (1) Federal-aid
system bridges eligible for replacement, (2) Federal-aid system bridges
eligible for rehabilitation, (3) off-system bridges eligible for
replacement, and (4) off-system bridges eligible for rehabilitation.
The square footage of deficient bridges in each category shall be
multiplied by the respective unit price on a State-by-State basis, as
determined by the Secretary; and the total cost in each State divided
by the total cost of the deficient bridges in all States shall determine
the apportionment factors. No State shall receive more than 10 per
centum or less than 0.25 per centum of the total apportionment for any
one fiscal year. The Secretary shall make these determinations based
upon the latest available data, which shall be updated annually.".
(b) The amendment made by subsection (a) of this section // 23 USC
144. // shall take effect October 1, 1982, and shall apply with respect
to each fiscal year beginning on or after such date. Notwithstanding
subsection (e) of section 144 of title 23, United States Code, as soon
as practical after the date of enactment of this Act, the Secretary of
Transportation shall apportion under such subsection (e), as amended by
subsection (a) of this section, sums authorized to be appropriated to
carry out such section 144 for the fiscal year ending September 30,
1983.
Sec. 122. (a) Subsection (g) of section 144 of title 23, United
States Code, is amended by inserting after "(g)" the following: "(1)".
Such subsection is further amended by striking out the fourth and fifth
sentences and by adding at the end thereof the following:
"(2) Of the amount authorized per fiscal year for each of the fiscal
years ending September 30, 1983, September 30, 1984, September 30, 1985,
and September 30, 1986, by section 5(a)(1) of the Federal-Aid Highway
Act of 1982 and section 202(1) of the Highway Safety Act of 1982, all
but $200,000,000 per fiscal year shall be apportioned as provided in
subsection (e) of this section. $200,000,000 per fiscal year of the
amount authorized for each of the fiscal years ending September 30,
1983, September 30, 1984, September 30, 1985, and September 30, 1986,
shall be available for obligation on the date of each such apportionment
in the same manner and to the same extent as the sums apportioned on
such date, except that the obligation of such $200,000,000 shall be at
the discretion of the Secretary and shall be only for projects for those
highway bridges the replacement or rehabilitation cost of each of which
is more than $10,000,000, and for any project for a highway bridge the
replacement or rehabilitation costs of which is less than $10,000,000 if
such cost is at least twice the amount apportioned to the State in which
such bridge is located under subsection (e) of this section for the
fiscal year in which application is made for a grant for such bridge.
Not less than 15 per centum nor more than 35 per centum of the amount
apportioned to each State in each of the fiscal years ending September
30, 1983, September 30, 1984, September 30, 1985, and September 30,
1986, shall be expended for projects to replace or rehabilitate highway
bridges located on public roads, other than those on a Federal--, aid
system. The Secretary after consultation with State and local officials
may, with respect to a State, reduce the requirement for expenditure for
bridges not on a Federal-aid system when he determines that such State
has inadequate needs to justify such expenditure.".
(b) Notwithstanding section 144 of title 23, United States Code, and
any other provision of law, the Secretary of Transportation may approve
under such section 144 (including subsection (g)) a project to relocate
and replace (1) any bridge across a river located on a two--, lane
Federal-aid highway which is in a slide area, in a flood plain, and in
the vicinity of and north of Cloverdale, California, together with (2)
all highways and approaches required as a result of such relocation and
replacement.
(c) Notwithstanding section 144 of title 23, United States Code, and
any other provision of law, the Secretary of Transportation may approve
under such section 144 (including subsection (g)) a project to replace
the La Salle Peru Bridge which is part of a complete replacement of
United States 51 in a new location.
Sec. 123. (a) Section 120(d) of title 23, United States Code, is
amended by inserting before ", may amount to 100 per centum" the
following: "or for commuter carpooling and vanpooling".
(b) The Secretary of Transportation is authorized and directed to
expend such sums as are necessary out of the administrative funds
authorized by subsection (a) of section 104, title 23, United States
Code, to carry out the provisions of subsection (d) of section 126 of
the Federal-Aid Highway Act of 1978. // 23 USC 146. //
Sec. 124. Section 150 of title 23, United States Code, is amended by
adding the following sentence at the end thereof: " Funds allocated to
an urbanized area under the provisions of this section may, at the
request of the Governor and upon approval of the appropriate local
officials of the area and the Secretary, be transferred to the
allocation of another such area in the State or to the State for use in
any urban area.".
Sec. 125. Subsection (c) of section 152 of title 23, United States
Code, is amended to read as follows:
"(c) Funds authorized to carry out this section shall be available
for expenditure on any public road (other than a highway on the
Interstate System).".
Sec. 126. (a) Section 202 of title 23, United States Code, is
amended to read as follows:
" Section 202. Allocations
"(a) On October 1 of each fiscal year, the Secretary shall allocate
the sums authorized to be appropriated for such fiscal year for forest
highways according to the relative needs of the various elements of the
national forest system as determined by the Secretary, taking into
consideration the need for access as identified by the Secretary of
Agriculture through renewable resource and land use planning, and the
impact of such planning on existing transportation facilities.
"(b) On October 1 of each fiscal year, the Secretary shall allocate
the sums authorized to be appropriated for such fiscal year for forest
development roads and trails according to the relative needs of the
various national forests. Such allocation shall be consistent with the
renewable resource and land use planning for the various national
forests.
"(c) On October 1 of each fiscal year, the Secretary shall allocate
the sums authorized to be appropriated for such fiscal year for public
lands highways among those States having unappropriated or unreserved
public lands, nontaxable Indian lands or other Federal reservations, on
the basis of need in such States, respectively, as determined by the
Secretary upon application of the State highway departments of the
respective States. The Secretary shall give preference to those
projects which are significantly impacted by Federal land and resource
management activities.
"(d) On October 1 of each fiscal year, the Secretary shall allocate
the sums authorized to be appropriated for such fiscal year for park
roads and parkways each according to the relative needs of the various
elements of the national park system, taking into consideration the need
for access as identified through land use planning and the impact of
such planning on existing transportation facilities.
"(e) On October 1 of each fiscal year, the Secretary shall allocate
the sums authorized to be appropriated for such fiscal year for Indian
reservation roads according to the relative needs of the various
reservations as jointly identified by the Secretary and the Secretary of
the Interior.".
(b) Section 204 of title 23, United States Code, is amended to read
as follows:
" Section 204. Federal Lands Highways Program
"(a) Recognizing the need for all Federal roads which are public
roads to be treated under the same uniform policies as roads which are
on the Federal-aid systems, there is established a coordinated Federal
lands highways program which shall consist of the forest highways,
public lands highways, park roads, parkways, and Indian reservation
roads as defined in section 101 of this title.
"(b) Funds available for forest highways and public lands highways
shall be used by the Secretary to pay for the cost of construction and
improvement thereof. Funds available for park roads, parkways, and
Indian reservation roads shall be used by the Secretary of the Interior
to pay for the cost of construction and improvement thereof. In
connection therewith, the Secretary and the Secretary of the Interior,
as appropriate, may enter into construction contracts and such other
contracts with a State or civil subdivision thereof or Indian tribe as
deemed advisable. In the case of Indian reservation roads, Indian labor
may be employed in such construction and improvement under such rules
and regulations as may be prescribed by the Secretary of the Interior.
No ceiling on Federal employment shall be applicable to construction or
improvement of Indian reservation roads.
"(c) Before approving as a project on an Indian reservation road any
project on a Federal-aid system in a State, the Secretary must determine
that the obligation of funds for such project is supplementary to and
not in lieu of the obligation, for projects on Indian reservation roads,
of a fair and equitable share of funds apportioned to such State under
section 104 of this title.
"(d) Cooperation of States, counties, or other local subdivisions may
be accepted in construction and improvement, and any funds received from
a State, county, or local subdivision shall be credited to
appropriations available for the class of Federal lands highways to
which such funds were contributed.
"(e) Construction of each project shall be performed by contract
awarded by competitive bidding, unless the Secretary or the Secretary of
the Interior shall affirmatively find that, under the circumstances
relating to such project, some other method is in the public interest.
Notwithstanding the foregoing, the provisions of section 23 of the " Buy
Indian" Act of June 25, 1910 (36 Stat. 891), // 36 Stat. 861. 25 USC
47. // and the provisions of section 7(b) of the Indian
Self-Determination and Education Assistance Act of 1975 (88 Stat. 2205)
// 25 USC 450e. // shall apply to all funds administered by the
Secretary of the Interior which are appropriated for the construction
and improvement of Indian reservation roads.
"(f) All appropriations for the construction and improvement of each
class of Federal lands highways shall be administered in conformity with
regulations and agreements jointly approved by the Secretary and the
Secretary of the appropriate Federal land managing agency.
"(g) The Secretary shall transfer to the Secretary of Agriculture
from appropriations for forest highways such amounts as may be needed to
cover necessary administrative expenses of the Forest Service in
connection with forest highways.
"(h) Funds available for each class of Federal lands highways shall
be available for adjacent vehicular parking areas and scenic
easements.".
(c)(1) The twelfth undesignated paragraph of section 101(a) of title
23, United States Code, defining the term "park roads and trails", is
amended to read as follows:
" The term 'park road' means a public road that is located within or
provides access to an area in the national park system.".
(2) The tenth undesignated paragraph of section 101(a) of title 23,
United States Code, defining the term " Indian reservation roads and
bridges" is amended by striking out " The term ' Indian reservation
roads and bridges' means roads and bridges, including roads and bridges"
and inserting in lieu thereof " The term ' Indian reservation roads'
means public roads, including roads".
(3) Section 101(a) of title 23, United States Code, is amended by
adding after the third undesignated paragraph, defining the term
"county", the following:
" The term ' Federal lands highways' means forest highways, public
lands highways, park roads, parkways, and Indian reservation roads which
are public roads.".
(d) Sections 206, 207, 208, 209, and 214(c) of title 23, United
States Code, are repealed.
(e) The analysis of chapter 2 of title 23, United States Code, is
amended--,
(1) by striking out
"202. Apportionment for allocation."
and inserting in lieu thereof
"202. Allocations.";
(2) by striking out
"204. Forest highways."
and inserting in lieu thereof
"204. Federal lands highways program."; and
(3) by striking out
"206. Park roads and trails. "207. Parkways. "208. Indian reservation
roads. "209. Public lands highways."
and inserting in lieu thereof "206. Repealed. "207. Repealed.
"208. Repealed. "209. Repealed.".
(f) Sections 201 and 203 of title 23, United States Code, are amended
by striking out "park roads and trails" wherever it appears and
inserting in lieu thereof "park road".
Sec. 126. Section 217 of title 23, United States Code, is amended to
read as follows:
" Section 217. Bicycle transportation and pedestrian walkway
"(a) To encourage energy conservation and the multiple use of highway
rights-of-way, including the development and improvement of pedestrian
walkways on or in conjunction with highway rights-of--, way, the States
may, as Federal-aid highway projects, construct pedestrian walkways.
Sums apportioned in accordance with paragraphs (1), (2), and (6) of
section 104(b) of this title shall be available for pedestrian walkways
authorized under this section and such projects shall be located and
designed pursuant to an overall plan which will provide due
consideration for safety and contiguous routes.
"(b)(1) To encourage energy conservation, including the development,
improvement, and use of bicycle transportation, the States may, as
Federal-aid highway projects, construct new or improved lanes, paths, or
shoulders; traffic control devices, shelters for and parking facilities
for bicycles, and carry out nonconstruction projects related to safe
bicycle use. Sums apportioned in accordance with paragraphs (1), (2),
and (6) of section 104(b) of this title shall be available for bicycle
projects authorized under this section and such projects shall be
located and designed pursuant to an overall plan which will provide due
consideration for safety and contiguous routes.
"(2) In any case where a highway bridge deck being replaced or
rehabilitated with Federal financial participation is located on a
highway, other than a highway access to which is fully controlled, on
which bicycles are permitted to operate at each end of such bridge, and
the Secretary determines that the safe accommodation of bicycles can be
provided at reasonable cost as part of such replacement or
rehabilitation, then such bridge shall be so replaced or rehabilitated
as to provide such safe accommodations.
"(3) No bicycle project shall be authorized by this section unless
the Secretary shall have determined that such bicycle project will be
principally for transportation, rather than recreation, purposes.
"(c) For all purposes of this title, a pedestrian walkway project
authorized by subsection (a) of this section shall be deemed to be a
highway project, and the Federal share payable on account of such
pedestrian walkway project shall be 100 per centum.
"(d) For all purposes of this title, a bicycle project authorized by
subsection (b) of this section shall be deemed to be a highway project,
and the Federal share payable on account of such bicycle project shall
be 100 per centum.
"(e) Funds authorized for forest highways, forest development roads
and trails, public lands development roads and trails, park roads,
parkways, Indian reservation roads, and public lands highways shall be
available, at the discretion of the department charged with the
administration of such funds, for the construction of pedestrian
walkways in conjunction with such trails, roads, highways, and parkways.
"(f) Funds authorized for forest highways, forest development roads
and trails, public lands development roads and trails, park roads,
parkways, Indian reservation roads, and public lands highways shall be
available, at the discretion of the department charged with the
administration of such funds, for the construction of bicycle routes.
"(g) No motorized vehicles shall be permitted on trails and walkways
authorized under this section except for maintenance purposes and, when
snow conditions and State or local regulations permit, snowmobiles.
"(h) Not more than $45,000,000 of funds authorized to be appropriated
in any fiscal year may be obligated for projects authorized by
subsections (a), (b), (e), and (f) of this section. No State shall
obligate more than $4,500,000 for such projects in any fiscal year,
except that the Secretary may, upon application, waive this limitation
for a State for any fiscal year.".
Sec. 127. (a) Subsection (b) of section 108 of the Federal-Aid
Highway Act of 1956, // 23 USC 101. // as amended, is further amended
by adding before the last sentence thereof a new sentence as follows: "
Notwithstanding any other provision of law, including any other
provision of this subsection, where a project is to be constructed (1)
to provide parking garage ramps in conjunction with high occupancy
vehicle lanes which flow into a distributor system emptying directly
into ramps for off-street parking with preferential parking for
carpools, vanpools, and buses and the ramps are part of an environmental
mitigation effort and are designed to feed into an aerial walkway
system, or (2) to provide a parking lot near the terminus of an
Interstate System spur route which radiates from an Interstate System
beltway which will be used as an intermodal transfer facility for a
light rail transit project to be constructed in the median of the spur
route and the parking lot is part of an environmental mitigation effort,
or (3) to provide a parking garage and associated facilities as part of
an intermodal transfer facility with a transit system near or within an
Interstate System route right-of-way which will have direct and indirect
access to the facility by way of local streets and the parking garage
and associated facilities are part of an environmental mitigation
effort, or (4) to provide for the comprehensive upgrading of existing
high occupancy vehicle lanes, new ramps and parking facilities at mass
transit intermodal transfer points on an existing Interstate System
route which has temporary high occupancy vehicle lanes in the median and
the parking facilities and ramps are part of an environmental mitigation
effort, the costs of such parking garage ramps, parking lots, parking
garages, associated interchange ramps, high occupancy vehicle lanes, and
other associated work eligible under title 23, United States Code, shall
be eligible for funds authorized by this subsection as if the costs for
these projects were included in the 1981 interstate cost estimate and
shall be included as eligible projects in any future interstate cost
estimate.".
(b) Notwithstanding the provisions of section 108(b) of the
Federal--, Aid Highway Act of 1956, // 23 USC 101. // as amended, the
Secretary of Transportation may approve the expenditure of funds
authorized under such section for the construction of a previously
approved project which provides for improvements to and reconstruction
of ramps and service roads which are being developed as part of a
roadway system to relieve a severely congested segment on an Interstate
route. Such expenditures shall be limited (1) to work necessary to
provide more effective and safe operation of such Interstate route, and
(2) to a section of an Interstate route which proceeded to construction
contract prior to the date of enactment of such Act and which Interstate
route, together with service roads, was constructed without the
expenditure of any funds authorized by such section.
Sec. 128. // 23 USC 101. // In any case where a project involving a
Federal-aid primary route not on the Interstate System, and a route on
the Interstate System which was originally constructed without the
expenditure of any funds authorized under section 108(b) of the
Federal-Aid Highway Act of 1956, // 23 USC 101. // as amended, and was
subsequently added to the Interstate System, both occupying a common
alignment and having elements which have been approved in concept by the
Secretary of Transportation as part of a project providing for the
upgrading of an interchange on such Interstate route, the cost of
improvements in the vicinity of the interchange necessary to upgrade the
safety of that part of such Federal-aid primary route not on a common
alignment with such Interstate route in an environmentally acceptable
manner shall be eligible for the expenditure of funds authorized by such
section 108(b).
Sec. 129. The Secretary of Transportation shall by rule or
regulation establish, as soon as practicable, alternative methods for
processing projects under title 23, United States Code, // 23 USC 105.
// so as to reduce the time required from the request for project
approval through the completion of construction. In carrying out this
section the Secretary shall utilize the knowledge and experience
resulting from the demonstration project authorized by and carried out
under section 141 of the Federal-Aid Highway Act of 1976. // 23 USC 124.
//
Sec. 130. // 23 USC 144. // Whenever any law of the United States,
enacted after January 1, 1970, and before the date of enactment of this
Act, authorizes payment, in financing the relocation of an existing
road, for the cost of construction of a two-lane bridge with a
substructure and deck truss capable of supporting a four-lane bridge,
payment for the cost of completing the construction of such bridge as a
four-lane bridge is authorized upon the completion of such substructure
and deck truss.
Sec. 131. (a)(1) The Secretary of Transportation is authorized to
carry out a demonstration project in Los Angeles County, California, for
the purpose of demonstrating methods of improving the motor vehicle
transportation of freight to and from areas for the transshipment of
waterborne commerce.
(2) There is authorized to be appropriated to carry out this
subsection, out of the Highway Trust Fund, not to exceed $19,000,000 for
the fiscal year ending September 30, 1983, not to exceed $19,000,000 for
the fiscal year ending September 30, 1984, and not to exceed $20,000,000
for the fiscal year ending September 30, 1985.
(3) Funds authorized by this subsection shall be available for
obligation in the same manner and to the same extent as if such funds
were apportioned under chapter 1 of title 23, United States Code, // 23
USC 101. // except that the Federal share of the cost of any project
under this subsection shall be 100 per centum of the total cost thereof
and such funds shall remain available until expended.
(b)(1) The Secretary of Transportation shall carry out a highway
project to demonstrate state of the art technology which can be applied
to a section of highway the construction of which will close a gap of
not more than 10 miles in a multi-lane limited access approach road
through hilly terrain connecting a city (not directly connected to the
Interstate System by such an approach road) with a route on such System
on which tolls are charged. For comparison purposes, the highway
section shall connect both highway construction using current technology
and older completed highway construction. The project shall demonstrate
the latest high-type geometric design features and new advances in
highway traffic control and safety hardware. All design elements,
including the highway pavement, shall be designed to provide the best
life-cycle costs, thereby minimizing future maintenance costs. The
Secretary of Transportation shall provide necessary technical assistance
in the design and construction of the project. Upon completion of the
project, the highway shall be added to the Federal-aid primary system.
(2) Not later than one year, six years and eleven years after the
completion of the state of the art technology project, the Secretary of
Transportation shall submit reports to the Congress, including but not
limited to the results of such project, the effects of using the best
available technology on safety and other considerations, recommendations
for applying the results to other highway projects, and any changes that
may be necessary by law to permit further use of such features.
(3) There is authorized to be appropriated to carry out this
subsection, out of the Highway Trust Fund, not to exceed $5,000,000 for
the fiscal year ending September 30, 1983, $10,000,000 for the fiscal
year ending September 30, 1984, and $62,000,000 for the fiscal year
ending September 30, 1985. Such funds shall be available until
expended, shall be available for obligation in the same manner and to
the same extent as if apportioned under chapter 1 of title 23, United
States Code, // 23 USC 101. // and shall not be subject to any
obligation limitation. The Federal share payable for the state of the
art technology project shall be 100 per centum.
(c)(1) The Secretary of Transportation shall conduct a project to
demonstrate state of the art methods of repairing damaged highways, and
preventing damage to highways, resulting from shoreline erosion. Such
project shall be carried out in the vicinity of Buhne Point, Humboldt
Bay, California, at a cost not to exceed $9,000,000 for fiscal years
beginning after September 30, 1982, out of the Highway Trust Fund.
(2) The Secretary of Transportation may enter with the heads of other
departments, agencies, and instrumentalities of the Federal Government
into such arrangements as may be necessary to carry out the provisions
of this subsection.
(3) The Secretary of Transportation shall submit to Congress a report
on the results of the demonstration project not later than 180 days
after completion of such project.
(4) Funds authorized by this subsection shall be available for
obligation in the same manner and to the same extent as if such funds
were apportioned under chapter 1 of title 23, United States Code, // 23
USC 101. // except that the Federal share of the cost of any project
under this subsection shall be 100 per centum of the total cost thereof
and such funds shall remain available until expended.
(d)(1) The Secretary of Transportation is authorized to carry out a
demonstration project in the vicinity of East Baton Rouge, Louisiana,
for the purpose of demonstrating the efficacy of reducing traffic
congestion in the immediate vicinity of a partial-diamond, partial--,
cloverleaf interchange which connects an east-west highway on the
Interstate System and a four lane highway not on such system by
providing a direct access ramp to, and a travel lane on, the Interstate
highway and by eliminating a crossover which is used for access to the
Interstate highway.
(2) There is authorized to be appropriated to carry out this
subsection, out of the Highway Trust Fund, not to exceed $5,000,000 for
the fiscal years beginning after September 30, 1982.
(3) Funds authorized by this subsection shall be available for
obligation in the same manner and to the same extent as if such funds
were apportioned under chapter 1 of title 23, United States Code, except
that the Federal share of the cost of any project under this subsection
shall be 100 per centum of the total cost thereof and such funds shall
remain available until expended.
(e)(1) The Secretary of Transportation is authorized to carry out a
demonstration project in the vicinity of Louisville, Kentucky, for the
purpose of demonstrating methods of accelerating construction of high
traffic sections of highways on the Federal-aid primary system which are
directly connected to the Interstate System.
(2) The Secretary of Transportation shall submit to Congress a report
on the results of the demonstration project carried out under this
subsection not later than 180 days after completion of such project.
(3) There is authorized to be appropriated to carry out this
subsection, out of the Highway Trust Fund, not to exceed $25,000,000 for
the fiscal year ending September 30, 1983, and not to exceed $27,000,000
for the fiscal year ending September 30, 1984. Any amount obligated
after December 1, 1982, and before the date of enactment of this Act for
a project described in paragraph (1) of this subsection from funds
apportioned under section 104 of title 23, United States Code, may be
deobligated and funds authorized by this subsection may be obligated for
such project in place of such deobligated amounts. Any amounts
deobligated under the preceding sentence shall be recredited to the
State's apportionment from which such amounts were obligated.
(4) Funds authorized by this subsection shall be available for
obligation in the same manner and to the same extent as if such funds
were apportioned under chapter 1 of title 23, United States Code, // 23
USC 101. // except that the Federal share of the cost of any project
under this subsection shall be 100 per centum of the total cost thereof
and such funds shall remain available until expended.
(f)(1) The Secretary of Transportation, in cooperation with the State
of Vermont, shall carry out a project to demonstrate the feasibility of
reducing the time and the cost required to complete highway projects,
other than projects on the Interstate System, in areas that require
improved access between rapidly growing suburban areas and established
urban core areas, by extending the coverage of State certifications
under section 117(a) of title 23 of the United States Code, to any
Federal law, regulation, or policy that applies to such projects.
(2) In implementing this subsection, the Secretary shall review
applications for projects submitted by the State of Vermont with respect
to which the State agrees to assume the responsibility of the Secretary
with regard to any such Federal law, regulation, or policy. The
Secretary shall be deemed to have fulfilled his responsibility under
such law, regulation, or policy, provided that--,
(A) the Secretary finds that the State has procedures which are
sufficient to assure that the project will be carried out in
accordance with the provisions of such law, regulation, or policy;
(B) the State highway department is authorized and consents to
accept the jurisdiction of the Federal courts in any suit brought
to enforce any such Federal law or regulation; and
(C) the State highway department certifies that the project has
been carried out in accordance with the procedures specified under
subparagraph (A) of this paragraph.
(3) In carrying out the demonstration project authorized under this
subsection, the Secretary may continue to discharge his responsibilities
directly with respect to those laws, regulations, and polices for which
he finds State procedures are not sufficient.
(4) In implementing this subsection, the Secretary shall consider the
procedures developed pursuant to section 141 of the Federal-Aid Highway
Act of 1976, // 23 USC 124. // as amended, and shall encourage the
State to carry out its responsibilities in cooperation with appropriate
political subdivisions of the State.
(5) There is authorized to be appropriated out of the Highway Trust
Fund to carry out the project authorized under this subsection a sum not
to exceed $50,000,000.
(6) Funds authorized by this subsection shall be available for
obligation in the same manner and to the same extent as if such funds
were apportioned under chapter 1 of title 23, United States Code, // 23
USC 101. // except that the Federal share of the cost of any project
under this subsection shall be 100 per centum of the total cost thereof
and such funds shall remain available until expended.
(7) Not later than six months after the completion of such project,
the Secretary shall submit a report to Congress which includes, but is
not limited to, a description of the methods used to accomplish the
project and the changes, if any, required to adopt expanded
certification. The report should also contain recommendations for
applying the methods to other highway projects, and any changes to
existing law which may be necessary to permit more widespread use of
expanded certification acceptance.
(g)(1) The Secretary of Transportation is authorized to carry out
demonstration projects in and around Devils Lake, North Dakota, for the
purpose of demonstrating construction techniques to prevent wave erosion
on closed basin lakes with grade level highway crossings.
(2) The Secretary is authorized to reimburse from funds authorized by
paragraph (3) the State of North Dakota for funds previously expended on
projects described in paragraph (1).
(3) There is authorized to be appropriated, out of the Highway Trust
Fund, to carry out this subsection not to exceed $4,500,000 for the
fiscal year ending September 30, 1983.
(4) Funds authorized by this subsection shall be available for
obligation in the same manner and to the same extent as if such funds
were apportioned under chapter 1 of title 23, United States Code, // 23
USC 101. // except that the Federal share of the cost of any project
under this subsection shall not exceed 75 per centum of the total cost
thereof and such fund shall remain available until expended.
(h)(1) The Secretary of Transportation is authorized to carry out a
demonstration project on the Federal-aid urban system for the
construction of a high level bridge over a high volume intercoastal
waterway segment. The project shall demonstrate the reduced congestion
resulting in the downtown area from the construction of such bridge
which serves a major port. Such project shall be subject to the
provisions of chapter 1 of title 23, United States Code, applicable to
highway projects on the Federal-aid system.
(2) There is authorized to be appropriated to carry out this
subsection, out of the Highway Trust Fund, not to exceed $23,000,000 for
the fiscal year ending September 30, 1983. Such sums shall remain
available until expended.
(3) In carrying out this subsection, the Secretary shall consult with
the Secretary of the Army and the Commandant of the Coast Guard
concerning permit procedures which will expedite completion of this
bridge.
(4) The Secretary shall report to Congress upon completion of this
project the results of this demonstration project, together with any
recommendations the Secretary deems necessary.
(i)(1) The Secretary of Transportation, in cooperation with the State
of Idaho, shall conduct a demonstration project on a primary segment of
highway experiencing a high incidence of truck accidents and a project
to demonstrate cooperation between two railroads and a small urban area.
The highway project shall include an analysis of factors contributing
to truck accidents such as weather conditions, sight distance, road
curvature, roadway width, and gradient and shall also include an
analysis of the benefit-cost ratio of certain safety improvements
implemented to correct hazards contributing to truck accidents. The
railroad crossing project shall demonstrate the benefits of having no
railroad through the center of a small urban community.
(2) There is authorized to be appropriated, out of the Highway Trust
Fund, to carry out this subsection not to exceed $8,500,000.
(3) Funds authorized by this subsection shall be available for
obligation in the same manner and to the same extent as if such funds
were apportioned under chapter 1 of title 23, United States Code, except
that the Federal share of the cost of any project under this subsection
shall be 100 per centum of the total cost thereof an such funds shall
remain available until expended.
(4) The Secretary of Transportation shall submit to Congress a report
on the results of the demonstration project not later than 180 days
after completion of such project.
(j)(1) The Secretary of Transportation shall conduct a demonstration
project in the State of Illinois for the purpose of demonstrating the
benefits of constructing usable segments of high-volume facilities,
developing methods to achieve the effective implementation of massive
capital investments made under Federal programs being discontinued.
(2) There are authorized to be appropriated to carry out this
subsection, out of the Highway Trust Fund, $25,000,000 for each fiscal
year beginning after September 30, 1982, and ending before October 1,
1986. Such sums shall be available until expended, shall be available
for obligation in the same manner and to the same extent as if
apportioned under chapter 1 of title 23, United States Code, // 23 USC
101. // and shall not be subject to any obligation limitation. The
Federal share of the cost of any project under this subsection shall be
50 per centum of the total cost thereof.
Sec. 132. Notwithstanding any other provision of law, during the
two-year period beginning on the date of enactment of this section, with
respect to any project in the State of Tennessee for the replacement or
rehabilitation of a bridge which is wholly funded from state and local
sources, is eligible for Federal funds under section 144 of title 23,
United States Code, is certified by the State to have been carried out
in accordance with all standards applicable to such projects under such
section 144, and is determined by the Secretary upon completion to be no
longer a deficient bridge, any amount expended after July 1, 1982, from
such State and local sources for such project in excess of 20 per centum
of the cost of construction thereof may be credited to the non-Federal
share of the cost of other projects in such State which are eligible for
Federal funds under such section 144, in accordance with procedures
established by the Secretary.
Sec. 133. (a) Section 127 of title 23 of the United States Code is
amended to read:
" Section 127. Vehicle weight limitations-Interstate System
"(a) No funds authorized to be appropriated for any fiscal year under
provisions of the Federal-Aid Highway Act of 1956 // 70 Stat. 374. //
shall be apportioned to any State which does not permit the use of the
National System of Interstate and Defense Highways within its boundaries
by vehicles with a weight of twenty thousand pounds carried on any one
axle, including enforcement tolerances, or with a tandem axle weight of
thirty-four thousand pounds, including enforcement tolerances, or a
gross weight of at least eighty thousand pounds for vehicle combinations
of five axles or more. However, the maximum gross weight to be allowed
by any State for vehicles using the National System of Interstate and
Defense Highways shall be twenty thousand pounds carried on one axle,
including enforcement tolerances, and a tandem axle weight of
thirty-four thousand pounds, including enforcement tolerances and with
an overall maximum gross weight, including enforcement tolerances, on a
group of two or more consecutive axles produced by application of the
following formula:
FORMULA OMITTED. where W equals overall gross weight on any group of
two or more consecutive axles to the nearest five hundred pounds, L
equals distance in feet between the extreme of any group of two or more
consecutive axles, and N equals number of axles in group under
consideration, except that two consecutive sets of tandem axles may
carry a gross load of thirty-four thousand pounds each providing the
overall distance between the first and last axles of such consecutive
sets of tandem axles is thirty-six feet or more: Provided, That such
overall gross weight may not exceed eighty thousand pounds, including
all enforcement tolerances, except for those vehicles and loads which
cannot be easily dismantled or divided and which have been issued
special permits in accordance with applicable State laws, or the
corresponding maximum weights permitted for vehicles using the public
highways of such State under laws or regulations established by
appropriate State authority in effect on July 1, 1956, except in the
case of the overall gross weight of any group of two or more consecutive
axles, on the date of enactment of the Federal-Aid Highway Amendments of
1974, // 23 USC 101. // whichever is the greater. Any amount which is
withheld from apportionment to any State pursuant to the foregoing
provisions shall lapse. This section shall not be construed to deny
apportionment to any State allowing the operation within such State of
any vehicles or combinations thereof which the State determines could be
lawfully operated within such State on July 1, 1956, except in the case
of the overall gross weight of any group of two or more consecutive
axles, on the date of enactment of the Federal-Aid Highway Amendments of
1974. With respect to the State of Hawaii, laws or regulations in
effect on February 1, 1960, shall be applicable for the purposes of this
section in lieu of those in effect on July 1, 1956. With respect to the
State of Michigan, laws or regulations in effect on May 1, 1982, shall
be applicable for the purposes of this subsection.
"(b) No State may enact or enforce any law denying reasonable access
to motor vehicles subject to this title to and from the Interstate
Highway System to terminals and facilities for food, fuel, repairs, and
rest."
Sec. 134. The Martin Luther King Bridge which crosses the
Mississippi River between St. Louis, Missouri, and East St. Louis,
Illinois, and is not on a Federal-aid system shall be eligible for
assistance under section 144 of title 23, United States Code, to the
same extent that any other bridge which is not on a Federal-aid system
is eligible for assistance under such section, except that no such
assistance shall be made available with respect to such bridge until
such bridge--,
(1) has been transferred to one or both of the States of
Missouri and Illinois;
(2) is freed from tolls; and
(3) otherwise meets the eligibility requirements of such
section, and the rules and regulations promulgated thereunder.
Sec. 135. // 23 USC 101. // The Secretary of Transportation shall
undertake to enter into appropriate arrangements with the National
Academy of Sciences' Transportation Research Board to conduct a
comprehensive study and investigation of future transportation
professional manpower needs, including but not limited to prevailing
methods of recruitment, training, and financial and other incentives and
disincentives which encourage or discourage retention in service of such
professional manpower by Federal, State, and local governments. In
entering into any arrangement with the National Academy of Sciences for
conducting such study and investigation, the Secretary shall request the
National Academy of Sciences to report to the Secretary and the Congress
not later than two years after the enactment of this Act on the results
of such study and investigation, together with its recommendations. The
Secretary shall furnish to the Academy at its request any information
which the Academy deems necessary for the purpose of conducting the
study and investigation authorized by this section.
Sec. 136. The Office of Technology Assessment shall conduct a
comprehensive investigation and study of the feasibility of a high speed
ferryboat operation over the waters of the Caribbean Sea between Saint
Croix and Saint Thomas in the Virgin Islands in accordance with this
section. The Department of Transportation, the Army Corps of Engineers,
the National Oceanic and Atmospheric Administration, and all other
agencies, offices, and instrumentalities of the United States shall
assist the Office in conducting an objective investigation and study of
such projected operation. The Office shall evaluate this projected
operation for its feasibility under various degrees of commercial and
government sponsorship. The Office shall complete and transmit a report
on such investigation and study to the Congress no later than January 1,
1984.
Sec. 137. (a) The Secretary of Transportation shall study and
determine the need for including weather-related factors, particularly
the effects of freezing and thawing, in the apportionment formulas for
Federal-aid highways under section 104 of title 23, United States Code.
The Secretary shall report to Congress not later than four months after
the date of enactment of this Act on the results of such study and shall
include in such report specific recommendations for changing such
apportionment formulas to take into account weather-related factors.
(b)(1) The Secretary of Transportation shall make a full and complete
study regarding the procedures for distributing Federal financial
assistance for resurfacing, restoring, rehabilitating, and
reconstructing routes on the Interstate System in order to maintain a
high level of transportation service. The study shall analyze current
conditions and factors including, but not limited to, volume and mix of
traffic, weight and size of vehicles, environmental, geographical, and
meteorological conditions in various States, and other pertinent factors
that can be utilized to determine the most equitable and efficient
method of apportioning such Federal financial assistance to the several
States. In conducting the study the Secretary shall consider such
criteria as need, national importance, impact on individual State
highway programs, structural and operational integrity, and any other
relevant criteria, to determine the most equitable method of
distribution.
(2) In conducting this study the Secretary shall consult with other
agencies of the Federal Government, the States and their political
subdivisions, and other interested private organizations, groups, and
individuals.
(3) The Secretary shall report to Congress not later than four months
after the date of enactment of this section the results of such study
together with recommendations for necessary legislation.
Sec. 138. (a) Within one year after the date of enactment of this
Act, // 49 USC 2315. // the Secretary of Transportation, after
consultation with the transportation officials and Governors of the
several States and after an opportunity for public comment, shall submit
to Congress a detailed report on the potential benefits and costs, if
any, to shippers, receivers, operators of commercial motor vehicles, and
the general public, that reasonably may be anticipated from the
establishment of a national intercity truck route network for the
operation of a special class of longer combination commercial motor
vehicles.
(b) For the purposes of this section--,
(1) the term "longer combination commercial motor vehicles"
means multiple-trailer combinations consisting of (A) truck
tractor-semitrailer-full trailer, and (B) truck
tractor-semitrailer--, full trailer-full trailer combinations with
an overall length not in excess of one hundred and ten feet; and
(2) the term "national intercity truck route network" means a
network consisting of a number of controlled-access,
interconnecting segments of the National System of Interstate and
Defense Highways and other highways of comparable design and
traffic capacity including, but not limited to, all such highways
where the operation of longer combination commercial motor
vehicles is authorized on the date of enactment of this Act.
(c) The detailed report mandated by this section shall include, but
need not be limited to, the following:
(1) a specific plan for the establishment of a national
intercity truck route network, including the designation of those
specific highway segments which would be required to connect the
major distribution centers and markets for long-haul intercity
freight service; except that the Secretary of Transportation
shall not include in the plan any highway segment which, because
of design limitations or other factors, cannot accommodate the
safe operation of longer combination commercial motor vehicles;
(2) an analysis of the intercity motor freight volume that
reasonably can be anticipated to be transported by longer
combination commercial motor vehicles over the national intercity
truck route network if such network is established by Congress;
(3) an analysis of the fuel savings that reasonably can be
anticipated in the transportation of freight by commercial motor
vehicle if such network is established by Congress;
(4) an analysis of the productivity gains that reasonably can
be anticipated to be achieved in the transportation of freight by
commercial motor vehicle if such network is established by
Congress;
(5) an analysis of the fuel conservation and productivity gains
historically achieved by operators of longer combination
commercial motor vehicles;
(6) an analysis of the safety record of longer combination
commercial motor vehicle operations that have been conducted prior
to the date of enactment of this Act; and
(7) an analysis of the effect of the size and weight
limitations as in effect after the date of enactment of this Act.
(d) In making the findings and determinations required by subsection
(c) of this section, and in making the detailed report to Congress
required by this section, the Secretary of Transportation shall assume
that the longer combination commercial motor vehicles operating on the
national intercity truck route network, if and when established by
Congress, would be subject to the single- and tandem--, axle weight
limits imposed by section 127 of title 23, United States Code. The
Secretary of Transportation shall further assume that the overall gross
weight of such vehicles on a group of two or more consecutive axles
shall be limited by the formula set forth in such section, and only by
such formula.
(e) In making the detailed report to Congress required by this
section, the Secretary of Transportation shall assume that longer
combination commercial motor vehicles operating on the national
intercity truck route network will have reasonable access to terminals,
combination breakup areas, and food and fuel facilities consistent with
safe operations of such vehicles.
(f) Nothing in this section shall be construed to establish Federal
policy with regard to highway vehicle weight and size standards, nor
shall anything in this section be construed to preempt or to affect any
State law establishing highway vehicle weight or size standards. The
provisions of this section require an investigation and study on the
feasibility and propriety of making changes in vehicle weight and size
standards which the Congress may choose to consider in the future.
Sec. 139. (a) Notwithstanding the provisions of section 4(b) of the
Federal-Aid Highway Act of 1981, // 23 USC 101. 95 Stat. 1700. 23 USC
101. // the Secretary of Transportation may approve a change in
location of any Interstate route or segment and approve, in lieu
thereof, the construction of such Interstate route or segment on a new
location if the original location of such route or segment meets the
following criteria: (1) it has been designated under section 103(e) of
title 23, United States Code; (2) it is serving Interstate travel as of
the date of enactment of this section; (3) it requires improvements
which are eligible under the Federal--, Aid Highway Act of 1981, // 23
USC 101. // and which would either involve major modifications in order
to meet acceptable standards or result in severe environmental impacts
and such major modifications or mitigation measures relating to the
environmental impacts are not cost effective. The cost of the
construction of such Interstate route or segment on new location with
funds available under section 108(b) of the Federal-Aid Highway Act of
1956, // 23 USC 101. // as amended, shall not exceed the estimated cost
of the eligible improvements on the original location as eligible under
the Federal-Aid Highway Act of 1981 and included in the 1983 interstate
cost estimate as approved by the Congress. Such cost shall be increased
or decreased, as determined by the Secretary, based on changes in
construction costs of the original location of the route or segment as
of the date of approval of each project on the new location. Upon
approval of a new location, and funds apportioned under section
104(b)(5)(A) of title 23, United States Code, which were expended on the
route or segment in the original location shall be refunded to the
Highway Trust Fund and credited to the unobligated balance of the
State's apportionment made under section 104(b)(5)(A) of title 23,
United States Code, and other eligible Federal-aid highway funds may be
substituted in lieu thereof at the appropriate Federal share.
(b) Where the Secretary of Transportation approves a relocation of an
Interstate route or segment under the provisions of subsection (a) of
this section, such route or segment shall not be eligible for withdrawal
under the provisions of section 103(e)(4) of title 23, United States
Code, and shall be subject to the Interstate System completion deadlines
provided in subsections (d) and (e) of section 107 of the Surface
Transportation Assistance Act of 1978 // 23 USC 103. // or subject to
Interstate System completion deadlines as may be determined by Congress.
Sec. 140. Section 150(b) of the Federal-Aid Highway Act of 1978 //
23 USC 307. // is amended by striking out "1983" and inserting in lieu
thereof "1985".
Sec. 141. Notwithstanding any other provision of law, as a condition
of reimbursement of the Federal share of the cost of Federal-aid project
23-D-U-54 (100) in New Jersey, the Secretary of Transportation and the
New Jersey Department of Transportation shall revise the project
agreement for such project to make available financial assistance not to
exceed $1,000,000 for the purpose of compensating businesses in the
general vicinity of such project that have suffered monetary losses as a
result of the temporary bypass established to accommodate the
construction of the project.
Sec. 142. // 23 USC 119. // (a) The Congress hereby finds and
declares that it is in the national interest to encourage and promote
utilization by the States of highway and bridge surfacing, resurfacing,
or restoration materials which are produced from recycled materials or
which contain asphalt additives to strengthen the materials. Such
materials conserve energy and reduce the cost of resurfacing or
restoring our highways.
(b) The Secretary of Transportation is hereby authorized for each of
the fiscal years through September 30, 1985, to increase the Federal
share as provided in section 119, 120, and 144 of title 23, United
States Code, by 5 per centum of any project submitted by the State
highway departments which contains in the plans, specifications, and
estimates submitted pursuant to section 106, of title 23, United States
Code, the use of the materials described in subsection (a). To be
eligible for such supplemental Federal assistance, significant amounts
of asphalt additives or recycled materials must be used in each project
approved by the Secretary.
(c) The Secretary shall establish a procedure within ninety days of
the date of enactment of this Act for increasing the Federal share under
this section.
Sec. 143. (a) Section 141 of title 23, United States Code, is
amended by adding subsection (d) as follows:
"(d) The Secretary shall reduce the State's apportionment of
Federal-aid highway funds under section 104(b)(5) of this title in an
amount up to 25 per centum of the amount to be apportioned in any fiscal
year beginning after September 30, 1984, during which heavy vehicles,
subject to the use tax imposed by section 4481 of the Internal Revenue
Code of 1954, // 26 USC 4481. // may be lawfully registered in the
State without having presented proof of payment, in such form as may be
prescribed by the Secretary of the Treasury, of the use tax imposed by
section 4481 of such Code. Amounts withheld from apportionment to a
State under this subsection shall be apportioned to the other States
pursuant to the formulas of section 104(b)(5) of this title and shall be
available in the same manner and to the same extent as other Interstate
funds apportioned at the same time to other States.".
Sec. 144. // 49 USC 2315. // (a) The Secretary of Transportation
shall undertake to enter into appropriate arrangements with the National
Academy of Sciences to monitor the effects on the National System of
Interstate and Defense Highways of the use of trucks with two trailing
units, in light of the amendments made by this Act providing that no
State shall prohibit the use of such vehicle combinations. Such
monitoring shall include, but need not be limited to, determining the
effects of the use of such vehicle combinations on highways and highway
safety in urban and rural areas and in different regions of the country,
taking into account differences in age and design features of highways
on the Interstate System.
(b) The Secretary of Transportation shall request the National
Academy of Sciences to submit a report to the Secretary and the Congress
of such monitoring, not later than two years after appropriate
arrangements are entered into under subsection (a). The Secretary shall
furnish to the Academy, at its request, any information which the
Academy deems necessary for the purpose of conducting such monitoring.
Sec. 145. // 23 USC 104. // (a) Notwithstanding any other provision
of law, the Federal share of any qualifying project approved by the
Secretary of Transportation under section 106(a), and of any qualifying
project for which the United States becomes obligated to pay under
section 117, of title 23, United States Code, during the period
beginning on the date of enactment of this Act and ending September 30,
1984, shall be such percentage of the construction cost as the State
highway department requests, up to and including 100 per centum.
(b) For purposes of this section, the term "qualifying project" means
a project approved by the Secretary of Transportation under section
106(a) of title 23, United States Code, or a project for which the
United States becomes obligated to pay under section 117 of title 23,
United States Code, for which the Governor of the State submitting the
project has certified, in accordance with regulations established by the
Secretary of Transportation, that sufficient funds are not available to
pay the cost of the non-Federal share of the project.
(c) The total amount which may be obligated for qualifying projects
in any State under subsection (a) shall not be greater than the excess
of--,
(1) the sum of the amount of obligation authority distributed
to such State for fiscal year 1983 under section 104(b) of this
Act, plus the amount, if any, available to such State under
section 150 of this Act, pertaining to minimum allocation, over
(2) the amount of obligation authority distributed to such
State for fiscal year 1982 under section 3(b) of the Federal-Aid
Highway Act of 1981.
// 23 USC 104. //
(d) The total amount of such increases in the Federal share as are
made pursuant to subsection (a) for any State shall be repaid to the
United States by such State on or before September 30, 1984. Such
payments shall be deposited in the Highway Trust Fund and such repaid
amounts shall be credited to the appropriate apportionment accounts of
such State.
(e) If a State has not made the repayment as required by subsection
(d) of this section, the Secretary shall deduct from funds apportioned
to such State under section 104(b) of title 23, United States Code,
except for paragraph (5)(A), in each of the fiscal years ending
September 30, 1985, and September 30, 1986, a pro rata share of each
category of such apportioned funds, the total amount of which shall be
equal to 50 per centum of the amount needed for repayment. Any amount
deducted under this subsection shall be reapportioned for the fiscal
years 1985 and 1986 in accordance with section 104(b)(1) of title 23,
United States Code, to those States which have not received a higher
Federal share under this section and to those States which have made the
repayment required by subsection (d).
Sec. 146. The State of California shall not restrict or require the
restriction of the use of any lane on any Federal-aid highway in the
unincorporated areas of Alameda County, California, to high occupancy
vehicles, exclusive of approaches to controlled access highways, toll
roads, or bridges.
Sec. 147. Notwithstanding any other provision of law, in the case of
any portion of a route on the Interstate System in the State of
California which is open to traffic and which has less than two through
lanes in either direction in the area where such route connects with a
limited access highway on the Federal-aid primary system, a project to
improve the portion of the Interstate route to a design of six lanes and
to upgrade the interchange between such Interstate route and primary
route to accommodate such design shall be eligible for funds authorized
by section 108(b) of the Federal--, Aid Highway Act of 1956, // 23 USC
101. // as amended, as if the costs of such project were included in
the 1981 interstate cost estimate and shall be included as an eligible
project in the 1983 interstate cost estimate and any later interstate
cost estimate.
Sec. 148. Section 114(b) of title 23, United States Code, is amended
by inserting after " Convict labor" the following: "or materials
produced by convict labor".
Sec. 149. Section 113(a) of title 23, United States Code, is amended
by striking out "initial".
Sec. 150. (a) Chapter 1 of title 23, United States Code is amended
by adding at the end thereof the following new section:
" Section 157. // 23 USC 157. // Minimum allocation
"(a) In the fiscal year ending September 30, 1983, as soon as
practicable after the date of enactment of this Act, and in each of the
fiscal years ending September 30, 1984, September 30, 1985, and
September 30, 1986, on October 1, the Secretary of Transportation shall
allocate among the States, as defined in section 101 of this title
amount sufficient to insure that a State's percentage of the total
apportionments in each such fiscal year of Interstate highway
substitute, primary, secondary, Interstate, urban, bridge replacement
and rehabilitation, hazard elimination, and rail-highway crossings funds
under sections 103(e)(4), 104(b), 144, and 152 of this title and section
203 of the Highway Safety Act of 1973, // 23 USC 130. // as amended,
shall not be less than 85 per centum of the percentage of estimated tax
payments attributable to highway users in that State paid into the
Highway Trust Fund, other than the Mass Transit Account, in the latest
fiscal year for which data is available.
"(b) Amounts allocated pursuant to subsection (a) of this section
shall be available for obligation when allocated for the year authorized
plus the three succeeding fiscal years, shall be subject to the
provisions of this title 23 and may be obligated for Interstate highway
substitute, primary, secondary, Interstate, urban, bridge replacement
and rehabilitation, hazard elimination, and rail-highway crossings
projects. Obligation limitations for Federal-aid highways and highway
safety construction programs established by this Act or any subsequent
Act shall not apply to obligations made under this section, except where
the provision of law establishing such limitation specifically amends or
limits the applicability of this sentence. Sums allocated pursuant to
this section shall not be considered to be sums allocated for purposes
of section 104(b) of the Highway Improvement Act of 1982.
"(c) In order to carry out this section there is authorized to be
appropriated out of the Highway Trust Fund, other than the Mass Transit
Account, such sums as may be necessary for each of the fiscal years
ending September 30, 1983, September 30, 1984, September 30, 1985, and
September 30, 1986.".
(b) The analysis for chapter 1 of title 23, United States Code, is
amended by adding at the end thereof the following:
"157. Minimum allocation.".
Sec. 151. Section 163(p) of the Federal-Aid Highway Act of 1973, //
23 USC 130. // as amended, is amended by inserting after "1982," the
following: "and $50,000,000 for the fiscal year ending September 30,
1983, and $50,000,000 for the fiscal year ending September 30, 1984, and
$50,000,000 for the fiscal year ending September 30, 1985, and
$50,000,000 for the fiscal year ending September 30, 1986," and by
adding at the end thereof the following: " Notwithstanding any other
provision of this section, any project which is not under construction,
according to the Secretary of Transportation, by September 30, 1985,
shall not be eligible for additional funds under this authorization.".
Sec. 152. // 23 USC 307. // The Secretary of Transportation shall
study, out of any funds available to the Secretary of Transportation for
research purposes, the potential for recovering methane which is
released in the process of offshore oil drilling and converting such
methane on a floating conversion plant located at the drilling site into
methanol for use as a fuel for highway vehicles. Such study shall
include, but need not be limited to, a determination of the quality and
quantity of the methane which is released at offshore drilling sites at
various locations and the costs involved in recovering such methane and
converting it in the manner described in the preceding sentence. The
Secretary shall also determine the permitting requirements which would
apply to such floating conversion plants and the most effective way to
implement those permitting requirements. The Secretary shall report to
the Congress the results of the study under this section not later than
one year after the date of enactment of this Act.
Sec. 153. (a)(1) The first sentence of subsection (a) of section 125
of title 23, United States Code, is amended by striking the first
sentence thereof and inserting in lieu thereof the following: " An
emergency fund is authorized for expenditure by the Secretary, subject
to the provisions of this section and section 120 of this title, for the
repair or reconstruction of highways, roads, and trails which the
Secretary shall find have suffered serious damage as the result of (1)
natural disaster over a wide area such as by floods, hurricanes, tidal
waves, earthquakes, severe storms, or landslides, or (2) catastrophic
failures from any external cause, in any part of the United States. In
no event shall funds be used pursuant to this section for the repair or
reconstruction of bridges which have been permanently closed to all
vehicular traffic by the State or responsible local official because of
imminent danger of collapse due to structural deficiencies or physical
deterioration.".
(2) Subsection (a) of section 125 of title 23, United States Code, is
further amended by inserting in the second sentence, as that sentence
read prior to the amendments made by paragraph (1) of this subsection,
after the word "appropriated" the words "from the Highway Trust Fund".
(b) Notwithstanding any other provision of law, all expenditures made
under section 125 of title 23, United States Code, // 23 USC 125. //
prior to the fiscal year ending September 30, 1978, are authorized to
have been appropriated from the Highway Trust Fund.
(c) Subsection (a) of section 125 of title 23, United States Code, is
amended by inserting in the second sentence after the words "after
September 30, 1976," the words "and not more than $100,000,000 is
authorized to be expended in any one fiscal year commencing after
September 30, 1980,".
(d) Subsection (b) of section 125 of title 23, United States Code, is
amended by striking the period at the end of the first sentence,
inserting a colon in lieu thereof, and by adding the following: "
Provided, That obligations for projects under this section, including
those on highways, roads, and trails mentioned in subsection (c) of this
section, resulting from a single natural disaster or a single
catastrophic failure shall not exceed $30,000,000 in any State.".
(e) The amendments made by subsection (d) of this section // 23 USC
125. // shall apply to natural disasters or catastrophic failures which
the Secretary finds eligible for emergency relief subsequent to the date
of enactment of this section.
(f) Subsection (f) of section 120 of title 23, United States Code, is
amended to read as follows:
"(f) The Federal share payable on account of any repair or
reconstruction provided for by funds made available under section 125 of
this title shall not exceed 100 per centum of the cost thereof:
Provided, That the Federal share payable on account of any repair or
reconstruction of forest highways, forest development roads and trails,
park roads and trails, parkways, public lands highways, public lands
development roads and trails, and Indian reservation roads may amount to
100 per centum of the cost thereof. The total cost of a project may not
exceed the cost of repair or reconstruction of a comparable facility.
As used in this section with respect to bridges and in section 144 of
this title, 'a comparable facility' shall mean a facility which meets
the current geometric and construction standards required for the types
and volume of traffic which such facility will carry over its design
life.".
(g) All obligations for projects resulting from a natural disaster or
catastrophic failure which the Secretary finds to be eligible for
emergency relief subsequent to the date of enactment of this subsection
shall provide for the Federal share required by subsection (f) of
section 120 of title 23, United States Code, // 23 USC 120. // as
amended by this section.
(h)(1) Subsection (b) of section 125 of title 23, United States Code,
is amended by striking the words "the Federal-aid highway systems,
including the Interstate System" and by inserting in lieu thereof the
words "the Interstate System, the Primary System, and on any routes
functionally classified as arterials or major collectors," in the two
places the stricken words appear.
(2) Subsection (c) of section 125 of title 23, United States Code, is
amended by striking the words "on any of the Federal-aid highway
systems" and inserting in lieu thereof the words "routes functionally
classified as arterials or major collectors".
Sec. 154. Section 161(f) of the Federal-Aid Highway Act of 1973 //
87 Stat. 279. // is amended to read as follows:
"(f) The Highland Scenic Highway as authorized by subsection (a) of
this section and all associated lands and rights-of-way shall be managed
as part of the Monongahela National Forest for scenic and recreational
purposes. Vehicle use shall be confined to passenger cars, recreational
vehicles, and limited truck traffic to the extent such use is compatible
with the purpose for which the highway was constructed. Commercial use
by trucks shall be limited and controlled by permit.".
Sec. 155. Section 210(c) of title 23, United States Code, is amended
by striking " Not exceeding $5,000,000 of any funds appropriated under
the Act approved October 16, 1951 (65 Stat. 422)", and inserting in lieu
thereof " Funds appropriated for defense maneuvers and exercises".
Sec. 156. (a) Subsection (c) of section 307, title 23, United States
Code, is amended by adding paragraph (5) as follows:
"(5) The sums provided pursuant to paragraph (2) of this subsection
shall be combined and administered by the Secretary as a single fund
which shall be available for obligation for the same period as funds
apportioned under section 104(b)(1) of this title.".
(b) Subsection (c)(2) of section 307, title 23, United States Code,
is amended by striking "1964" and inserting in lieu thereof "1983", and
by striking "section 104" and inserting in lieu thereof "sections 104
and 144".
(c) Section 120 of title 23, United States Code, is amended by adding
a subsection (i) as follows:
"(i) The Federal share payable on account of any project financed
under section 307(c) of this title shall be 85 per centum, except that
in the case of any State containing nontaxable Indian lands, individual
and tribal, and public domain lands (both reserved and unreserved)
exclusive of national forests and national parks and monuments,
exceeding 5 per centum of the total area of all lands therein, the
Federal share shall be increased by a percentage of the remaining cost
equal to the percentage that the area of all such lands in such State is
of its total area, except that such Federal share payable on any project
in any State shall not exceed 95 per centum of the total cost of any
such project.".
(d) Section 307(c)(1) of title 23, United States Code, is amended by
adding in the last sentence after "highways and highway systems" the
words "and for study, research and training on engineering standards and
construction materials, including evaluation and accreditation of
inspection and testing,".
Sec. 158. Subsection (a) of section 218 of title 23, United States
Code, is amended by adding after the second sentence the following: "
Notwithstanding any other provision of law, in addition to such funds,
upon agreement with the State of Alaska, the Secretary is authorized to
expend on such highway any Federal-aid highway funds apportioned to the
State of Alaska under this title at a Federal share of 100 per centum.
Notwithstanding any other provision of law, any obligation limitation
enacted for fiscal year 1983 or for any other fiscal year thereafter
shall not apply to projects authorized by the preceding sentence.".
Sec. 159. The definition of the term "construction" in section 101(
a), title 23, United States Code, is amended by striking the period at
the end thereof and inserting in lieu thereof the following: "and also
includes costs incurred by the State in performing Federal-aid project
related audits which directly benefit the Federal--, aid highway
program."
Sec. 160. (a) Section 307 of title 23, United States Code, is
amended by adding a new subsection (e) as follows:
"(e) The Secretary shall report to the Congress in January 1983, and
in January of every second year thereafter, estimates of the future
highway needs of the Nation."
(b) Section 3 of Public Law 89 - 139, 79 Stat. 578, August 28, 1965,
// 23 USC 101. // and section 17 of the Federal-Aid Highway Act of 1968
// 82 Stat. 823. // are hereby repealed.
Sec. 161. The Secretary of Transportation shall develop a selection
process for discretionary bridges authorized to be funded under section
144(g) of title 23, United States Code, // 23 USC 144. // and shall
propose and issue a final regulation no later than six months after the
date of enactment of this Act, including a formula resulting in a rating
factor based on the following criteria for such process. Such criteria
shall give funding priority to those discretionary bridges already
eligible under section 144(g) of title 23, United States Code. Eligible
bridges after the issuance of a final regulation shall only include
those with a rating factor of one hundred or less, based on a scale of
zero to infinity. The criteria for such additional bridges which the
Secretary shall consider are:
(1) sufficiency rating computed as illustrated in appendix A of
the Recording and Coding Guide for the Structure Inventory and
Appraisal of the Nation's Bridges, USDOT/FHWA (latest edition;
(2) average daily traffic using the most current value from the
national bridge inventory data;
(3) average daily truck traffic;
(4) defense highway system status;
(5) the State's unobligated balance of funds received under
section 144 of title 23, United States Code, and the total funds
received under section 144 of title 23, United States Code;
(6) total project cost; and
(7) special consideration should be given to bridges closed to
all traffic or restricted to loads less than ten tons. Other
unique considerations and the need to administer the program from
a balanced national perspective should also be considered.
ROUTES
Sec. 162. (a) Notwithstanding the first sentence of section 103(e)(
4) of title 23, United States Code, the Secretary of Transportation
shall, upon application of the State of New Jersey, withdraw under such
section 103(e)(4) his approval of the designation on the National System
of Interstate and Defense Highways of the portion of Interstate Route 95
and Interstate Route 695 from the intersection with Interstate Route 295
in Hopewell Township, Mercer County, New Jersey, to the proposed
intersection with Interstate Route 287 in Franklin Township, Somerset
County, New Jersey.
(b) Notwithstanding any other provision of law, the Secretary of
Transportation is authorized and directed, pursuant to section 103 of
such title, to designate as part of the Interstate Highway System the
New Jersey Turnpike from exit 10 to the interchange with the
Pennsylvania Turnpike and the Pennsylvania Turnpike from such
interchange to and including the proposed interchange with Interstate
Route 95 in Bucks County, Pennsylvania.
(c) The Secretary of Transportation is further authorized and
directed to designate the highways described in subsection (b) as
Interstate Route 95 and assure through proper sign designations the
orderly connection of Interstate Route 95 pursuant to this section.
Sec. 163. Notwithstanding any provision of this Act // 23 USC 146.
// or any other law, no funds shall be appropriated for the construction
or resurfacing of Federal aid highways which have lanes designated as
carpool lanes unless the use of such lanes includes use by motorcycles.
Upon certification by the State to the Secretary of Transportation, the
State may restrict such use by motorcycles if such use would create a
safety hazard.
Sec. 164. (a) The Committee on Public Works and Transportation is
authorized to contract for the design and preparation of a National
Public Works Inventory and Assessment and a preliminary analysis of
relevant, existing data.
(b) The Committee on House Administration shall make available not
more than $3,000,000 for the purpose specified in subsection (a).
Sec. 165. (a) Notwithstanding any other provision of law, the
Secretary of Transportation shall not obligate any funds authorized to
be appropriated by the Act // 23 USC 101. // or by any Act amended by
this Act or, after the date of enactment of this Act, any funds
authorized to be appropriated to carry out this Act, title 23, United
States Code, the Urban Mass Transportation Act of 1964, // 49 USC 1601.
// or the Surface Transportation Assistance Act of 1978 // 23 USC 101.
// and administered by the Department of Transportation, unless steel,
cement, and manufactured products used in such project are produced in
the United States.
(b) The provisions of subsection (a) of this section shall not apply
where the Secretary finds--,
(1) that their application would be inconsistent with the
public interest;
(2) that such materials and products are not produced in the
United States in sufficient and reasonably available quantities
and of a satisfactory quality;
(3) in the case of the procurement of bus and other rolling
stock (including train control, communication, and traction power
equipment) under the Urban Mass Transportation Act of 1964,
// 49 USC 1601. //
that (A) the cost of components which are produced in the United
States is more than 50 per centum of the cost of all components of
the vehicle or equipment described in this paragraph, and (B)
final assembly of the vehicle or equipment described in this
paragraph has taken place in the United States;
(4) that inclusion of domestic material will increase the cost
of the overall project contract by more than 10 per centum in the
case of projects for the acquisition of rolling stock, and 25 per
centum in the case of all other projects.
(c) For purposes of this section, in calculating components' costs,
labor costs involved in final assembly shall not be included in the
calculation.
(d) The Secretary of Transportation shall not impose any limitation
or condition on assistance provided under this Act, the Urban Mass
Transportation Act of 1964, the Surface Transportation Assistance Act of
1978, or title 23, United States Code, // 23 USC 101. // which
restricts any State from imposing more stringent requirements than this
section on the use of articles, materials, and supplies mined, produced,
or manufactured in foreign countries in projects carried out with such
assistance or restricts any recipient of such assistance from complying
with such State imposed requirements.
(e) Section 401 of the Surface Transportation Assistance Act of 1978
// 23 USC 101. 49 USC 1602. // is repealed.
Sec. 201. This title // 23 USC 401. // may be cited as the "
Highway Safety Act of 1982".
Sec. 202. The following sums are hereby authorized to be
appropriated:
(1) For bridge replacement and rehabilitation under section 144 of
title 23, United States Code, out of the Highway Trust Fund,
$1,600,000,000 (reduced by the amount authorized by section 5(a)(1) of
the Federal-Aid Highway Act of 1982) for the fiscal year ending
September 30, 1983, $1,650,000,000 for the fiscal year ending September
30, 1984, $1,750,000,000 for the fiscal year ending September 30, 1985,
$2,050,000,000 for the fiscal year ending September 30, 1986.
(2) For projects for elimination of hazards under section 152 of
title 23, United States Code, out of the Highway Trust Fund,
$200,000,000 (reduced by the amount authorized by section 5(a)(2) of the
Federal-Aid Highway Act of 1982) for the fiscal year ending September
30, 1983, $200,000,000 for the fiscal year ending September 30, 1984,
$200,000,000 for the fiscal year ending September 30, 1985, and
$200,000,000 for the fiscal year ending September 30, 1986.
Sec. 203. (a)(1) There is hereby authorized to be appropriated for
carrying out section 402 of title 23, United States Code (relating to
highway safety programs), by the National Highway Traffic Safety
Administration, out of the Highway Trust Fund, $100,000,000 per fiscal
year for each of the fiscal years ending September 30, 1985, and
September 30, 1986.
(2) Out of the funds authorized to be appropriated under paragraph
(1) of this subsection for each of the fiscal years ending September 30,
1985, and September 30, 1986, not less than $20,000,000 per fiscal year
shall be obligated under section 402 of title 23, United States Code,
for the purpose of enforcing the fifty--, five-miles-per-hour speed
limit established by section 154 of such title.
(3) Each State shall expend each fiscal year not less than 2 per
centum of the amount apportioned to it for such fiscal year of the sums
authorized by paragraph (1) of this subsection, for programs to
encourage the use of safety belts by drivers of, and passengers in,
motor vehicles.
(b) Notwithstanding any other provision of law, the total of all
obligations for highway safety programs carried out by the National
Highway Traffic Safety Administration under section 402 of title 23,
United States Code, shall not exceed $100,000,000 per fiscal year for
each of the fiscal years ending September 30, 1985, and September 30,
1986, and the total of all obligations for highway safety program
carried out by the Federal Highway Administration under section 402 of
title 23, United States Code, shall not exceed $10,000,000, per fiscal
year for each of such fiscal years.
(c) Section 202 of the Highway Safety Act of 1978 // 95 Stat. 626.
// is amended as follows:
(1) Paragraph (2) is amended by striking out "and September 30,
1984." and inserting in lieu thereof " September 30, 1984,
September 30, 1985, and September 30, 1986.".
(2) Paragraph (3) is amended by striking out "and September 30,
1984." and inserting in lieu thereof " September 30, 1984,
September 30, 1985, and September 30, 1986.".
(3) Paragraph (5) is amended by striking out "and September 30,
1984." and inserting in lieu thereof " September 30, 1984,
September 30, 1985, and September 30, 1986.".
(d) Of the funds authorized to be appropriated by section 202(3) of
the Highway Safety Act of 1978 for any fiscal year ending before October
1, 1982, which have not been obligated for expenditure before the date
of enactment of this Act, $9,600,000 shall not be available for
obligation, and shall no longer be authorized, on and after such date of
enactment.
Sec. 204. // 23 USC 154. // The Secretary of Transportation shall
undertake to enter into appropriate arrangements with the National
Academy of Sciences to conduct a comprehensive study and investigation
of (1) the benefits, both human and economic, of lowered speeds due to
the enactment of the 55 mile per hour National Maximum Speed Limit, with
particular attention to savings to the taxpayers, and (2) whether the
laws of each State constitute a substantial deterrent to violations of
the maximum speed limit on public highways within such State. In
entering into any arrangement with the National Academy of Sciences for
conducting such study and investigation, the Secretary shall request the
National Academy of Sciences to report to the Secretary and the Congress
not later than twelve months after the date of enactment of this Act on
the results of such study and investigation, together with its
recommendations. The Secretary shall furnish to such Academy at its
request any information which the Academy deems necessary for the
purpose of conducting the investigation and study authorized by this
section.
Sec. 205. The first sentence of subsection (b) of section 203 of the
Highway Safety Act of 1973 (Public Law 93 - 87), // 23 USC 130. // as
amended, is amended by inserting "and" after "1979," and by striking out
"and September 30, 1982" and all that follows through the period at the
end of such sentence and inserting in lieu thereof " September 30, 1982,
September 30, 1983, September 30, 1984, September 30, 1985, and
September 30, 1986.".
Sec. 206. Section 209 of the Highway Safety Act of 1978 // 23 USC
401. // is amended by striking out ", acting through the Administrator
of the Federal Highway Administration," each place it appears, in
subsection (g) by striking out " Federal Highway Administration to" and
inserting in lieu thereof " Secretary of Transportation to", and by
adding at the end of such section the following new subsection:
"(i) All provisions of chapter 1 of title 23, United States Code, //
23 USC 101. // that are applicable to Federal-aid primary highway
funds, other than provisions relating to the apportionment formula and
provisions limiting the expenditure of such funds to the Federal-aid
systems, shall apply to the funds authorized to be appropriated to carry
out this section, except as determined by the Secretary to be
inconsistent with this section.".
Sec. 207. // 23 USC 401. // The Secretary of Transportation shall
prepare, publish, and submit to Congress not later than December 31 of
each calendar year beginning after December 31, 1982, a report on the
highway safety performance of each State in the preceding calendar year.
Such report shall provide data on highway fatalities and injuries and
motor vehicle accidents involving fatalities and injuries and travel in
urban areas of each State for each system of highways and in rural areas
of such State for each system of highways. Such report shall be in such
form and contain such other information on highway accidents as will
permit an evaluation and comparison of highway safety performance of the
States. For purposes of this section (1) the systems of highways in a
State are the Federal-aid primary system, the Federal-aid secondary
system, the Federal-aid urban system, and the Interstate System (as such
terms are defined in section 101 of title 23, United States Code) and
the other highways in such State which are not on the Federal-aid
system, and (2) the terms " State", "rural areas", and "urban area" have
the meaning such terms have under such section 101.
Sec. 208. The sixth sentence of section 402(c) of title 23, United
States Code, is amended by striking out ", except that the
apportionments to the Virgin Islands, Guam, and American Samoa shall not
be less than one-third of 1 per centum of the total apportionment".
Sec. 209. // 23 USC 408. // The Congress strongly encourages each
State to prohibit the sale of alcoholic beverages to persons who are
less than 21 years of age.
Sec. 301. This title // 49 USC 1601. // may be cited as the "
Federal Public Transportation Act of 1982".
Sec. 302. (a) The Urban Mass Transportation Act of 1964 // 49 USC
1618. // is amended by striking out sections 21 and 22 and inserting in
lieu thereof the following new section:
" Sec. 21. (a)(1) There is hereby authorized to be appropriated to
carry out the provisions of sections 9 and 18 of this Act // 49 USC
1617. // not to exceed $2,750,000,000 for the fiscal year ending
September 30, 1984, $2,950,000,000 for the fiscal year ending September
30, 1985, and $3,050,000,000 for the fiscal year ending September 30,
1986, and funds appropriated under this subsection shall remain
available until expended.
"(2)(A) There shall be available from the Mass Transit Account of the
Highway Trust Fund only to carry out sections 9 A and 18 of this Act
$779,000,000 for fiscal year 1983.
"(B) There shall be available from the Mass Transit Account of the
Highway Trust Fund only to carry out sections 3, 4(i), 8, and 16(b) of
this Act // 49 USC 1602, 1603, 1607, 1612. // $1,250,000,000 for fiscal
year 1984, $1,100,000,000 for fiscal year 1985, and $1,100,000,000 for
fiscal year 1986.
"(C) Notwithstanding any other provision of law, approval by the
Secretary of a grant with funds made available under subparagraphs (A)
and (B) of this paragraph shall be deemed a contractual obligation of
the United States for payment of the Federal share of the cost of the
project.
"(3) In fiscal year 1983, 2.93 per centum of the amount made
available from the Mass Transit Account of the Highway Trust Fund under
paragraph (2) of this subsection shall be available to carry out section
18 of the this Act. // 49 USC 1614. //
"(4) In each of fiscal years 1984, 1985, and 1986, 2.93 per centum of
the amount appropriated from the general fund of the Treasury under
paragraph (1) of this subsection shall be available to carry out section
18 of this Act and shall remain available until expended.
"(5) Of the funds available for obligation under paragraph (2)(B),
$50,000,000 shall be used in each of fiscal years 1984, 1985, and 1986
for the purposes of section 8 of this Act. // 49 USC 1607. // Nothing
herein shall prevent the use of additional funds available under this
subsection for planning purposes.
"(b) There is hereby authorized to be appropriated to carry out
sections 6, 10, 11(a), 12(a), and 20 of this Act // 49 USC 1605, 1607b,
1607c, 1608, 1616. // not to exceed $86,250,000 for the fiscal year
ending September 30, 1983, $86,000,000 for the fiscal year ending
September 30, 1984, and $90,000,000 per fiscal year for each of the
fiscal years ending September 30, 1985, and September 30, 1986. Sums
appropriated pursuant to this subsection for financing projects funded
under section 6 of this Act shall remain available until expended.".
(b) The second sentence of section 4(a) of such Act // 49 USC 1603.
// is amended by striking out "80 per centum" and inserting in lieu
thereof "75 per centum".
(c) Section 4(c)(3)(A) of such Act is amended by inserting "and"
after " September 30, 1981;" and by striking out "; and $1,580,000,000
for the fiscal year ending September 30, 1983".
(d) Section 4(f) of such Act is amended by striking out "18, 21, and
22," and inserting in lieu thereof "and 18,".
(e) Section 4(g) of such Act is amended by striking out "such sums as
may be necessary" and inserting in lieu thereof "not to exceed
$365,000,000 for the fiscal year ending September 30, 1983, $380,000,000
for the fiscal year ending September 30, 1984, $390,000,000 for the
fiscal year ending September 30, 1985, and $400,000,000 for the fiscal
year ending September 30, 1986,".
Sec. 303. (a) The Urban Mass Transportation Act of 1964 is amended
by inserting immediately after section 8 the following new sections:
" Sec. 9. (a)(1) Of the amount appropriated from the general fund of
the Treasury under section 21(a) of this Act, // 49 USC 1607a. // 8.64
per centum shall be available for expenditure under this section in each
fiscal year only in urbanized areas with a population of less than
200,000.
"(2) Of the amount appropriated from the general fund of the Treasury
under section 21(a) of this Act, 88.43 per centum shall be available for
expenditure under this section in each fiscal year only in urbanized
areas with a population of 200,000 or more.
"(b)(1) Of the funds available under subsection (a)(2) of this
section, 33.29 per centum shall be available for expenditure in
urbanized areas of 200,000 population or more in accordance with this
subsection.
"(2) 95.61 per centum of the amount made available under paragraph
(1) of this subsection shall be apportioned as follows:
"(A) 60 per centum of the amount so apportioned multiplied by
the ratio which the number of fixed guideway revenue vehicle miles
attributable to the urbanized area, as determined by the
Secretary, bears to the total number of all fixed guideway revenue
vehicle miles attributable to all such urbanized areas; and
"(B) 40 per centum of the amount so apportioned multiplied by
the ratio which the number of fixed guideway route miles
attributable to the urbanized area, as determined by the
Secretary, bears to the total number of all fixed guideway route
miles attributable to all such urbanized areas.
No urbanized area in which commuter rail service is provided and which
has a population of 750,000 or more shall receive less than 0.75 per
centum of the sums made available under this paragraph. Under this
paragraph, fixed guideway revenue vehicle or route miles provided, and
passengers served thereby, in an urbanized area of less than 200,000
population, where such revenue vehicle miles or route miles and
passengers served would otherwise be attributable to an urbanized area
with a population of 1,000,000 or more in an adjacent State, shall be
attributable to the public body in the State in which such urbanized
area of less than 200,000 population is located as if the public body
were an urbanized area of 200,000 or more so long as such public body
contracts, directly or indirectly, for such service. For the purpose of
this subsection, the terms 'fixed guideway revenue vehicle miles' and
'fixed guideway route miles' shall include ferry boat operations
directly or under contract by the designated recipient.
"(3) 4.39 per centum of the amount made available for expenditure
among urbanized areas of 200,000 population or more under paragraph (1)
of this section shall be apportioned as follows: in the ratio that the
number of fixed guideway vehicle passenger miles traveled multiplied by
the number of fixed guideway vehicle passenger miles traveled for each
dollar of operating cost in each such urbanized area bears to the sum of
the number of fixed guideway vehicle passenger miles traveled multiplied
by the number of fixed guideway vehicle passenger miles traveled for
each dollar of operating cost in all such urbanized areas. No urbanized
area in which commuter rail service is provided and which has a
population of 750,000 or more shall receive less than 0.75 per centum of
the sums made available under this paragraph.
"(c)(1) Of the funds available under subsection (a)(2) of this
section, 66.71 per centum shall be available for expenditure in
urbanized areas with a population of 200,000 or more in accordance with
this subsection.
"(2) 90.8 per centum of the amount made available under paragraph (1)
of this subsection shall be apportioned as follows:
"(A) 73.39 per centum shall be made available for expenditure
in only those urbanized areas with a population of 1,000,000 or
more, and on the basis of a formula under which such urbanized
area will be entitled to receive an amount equal to the sum of--,
such
urbanized area bears to the total bus revenue vehicle
miles
in all such urbanized areas;
by the
latest Federal census; and
population
weighted by a factor of density, as determined by the
Secretary; and
"(B) 26.61 per centum shall be made available for expenditure
in only those urbanized areas with a population of less than
1,000,000 and on the basis of a formula under which such urbanized
areas will be entitled to receive an amount equal to the sum of--,
such
urbanized area bears to the total bus revenue vehicle
miles
in all such urbanized areas;
by the
latest available Federal census; and
population
weighted by a factor of density, as determined by the
Secretary.
"(3) 9.2 per centum of the amount made available under paragraph (1)
of this subsection shall be apportioned among urbanized areas of 200,000
population or more as follows: in the ratio that the number of bus
passenger miles traveled multiplied by the number of bus passenger miles
traveled for each dollar of operating cost in each such urbanized area
bears to the sum of the number of bus passenger miles traveled
multiplied by the number of bus passenger miles traveled for each dollar
of operating cost in all such urbanized areas.
"(d) Funds available under subsection (a)(1) of this section shall be
apportioned on the basis of a formula under which urbanized areas of
less than 200,000 population shall be entitled to receive an amount
equal to the sum of--,
"(1) one-half of the total amount so apportioned multiplied by
the ratio which the population of such urbanized area bears to the
total population of all such urbanized areas as shown by the
latest available Federal census; and
"(2) one-half of the total amount so apportioned multiplied by
a ratio for that urbanized area determined on the basis of
populatin weighted by a factor of density, as determined by the
Secretary.
As used in this section, the term 'density' means the number of
inhabitants per square mile.
"(e)(1) The provisions of sections 3(e), 3(f), 3(g), 5(k)(3), 12(c),
13, and 19 // 49 USC 1602, 1604, 1608, 1609, 1615. // shall apply to
this section and to every grant made under this section. No other
condition, limitation, or other provision of this Act, other than as
provided in this section, shall be applicable to this section and to
grants for programs of projects made under this section.
"(2) To receive a grant under this section for any fiscal year, a
recipient shall, within the time specified by the Secretary, submit a
final program of projects prepared pursuant to subsection (f) and the
certifications required by paragraph (3).
"(3) Each recipient (including any person receiving funds from a
Governor under this section) shall submit to the Secretary annually a
certification that such recipient--,
"(A) has or will have the legal, financial, and technical
capacity to carry out the proposed program of projects;
"(B) has or will have satisfactory continuing control, through
operation or lease or otherwise, over the use of the facilities
and equipment, and will maintain such facilities and equipment;
"(C) will comply with requirements of section 5(m) of this Act;
"(D) will give the rate required by section 5(m) of this Act to
any person presenting a medicare card duly issued to that person
pursuant to title II or title XVIII of the Social Security Act;
// 42 USC 401, 1395. //
"(E) in carrying out procurements under this subsection, will
use competitive procurements (as defined or approved by the
Secretary), will not use procurements utilizing exclusionary or
discriminatory specifications, and will carry out procurements in
compliance with applicable Buy America provisions;
"(F) has complied with the requirements of subsection (f);
"(G) has available and will provide the required amount of
funds in accordance with subsection (k)(1) of this section and
will comply with the requirements of sections 8 and 16 of this
Act; and
"(H) has a locally developed process to solicit and consider
public comment prior to raising fares or implementing a major
reduction of transit service.
"(f) Each recipient shall--,
"(1) make available to the public information concerning the
amount of funds available under this subsection and the program of
projects that the recipient proposes to undertake with such funds;
"(2) develop a proposed program of projects concerning
activities to be funded in consultation with interested parties,
including private transportation providers;
"(3) publish a proposed program of projects in such a manner to
afford affected citizens, private transportation providers, and as
appropriate, local elected officials an opportunity to examine its
content and to submit comments on the proposed program of projects
and on the performance of the recipient; and
"(4) afford an opportunity for a public hearing to obtain the
views of citizens on the proposed program of projects.
In preparing the final program of projects to be submitted to the
Secretary, the recipient shall consider any such comments and views,
particularly those of private transportation providers, and shall, if
deemed appropriate by the recipient, modify the proposed program of
projects. The final program of projects shall be made available to the
public.
"(g)(1) The Secretary shall, at least on an annual basis, conduct, or
require the recipient to have independently conducted, reviews and
audits as may be deemed necessary or appropriate by the Secretary to
determine whether--,
"(A) the recipient has carried out its activities submitted in
accordance with subsection (e)(2) in a timely and effective manner
and has a continuing capacity to carry out those activities in a
timely and effective manner; and
"(B) the recipient has carried out those activities and its
certifications and has used its Federal funds in a manner which is
consistent with the applicable requirements of this Act and other
applicable laws.
Audits of the use of Federal funds shall be conducted in accordance with
the auditing procedures of the General Accounting Office.
"(2) In addition to the reviews and audits described in paragraph
(1), the Secretary shall, not less than once every three years, perform
a full review and evaluation of the performance of a recipient in
carrying out the recipient's program, with specific reference to
compliance with statutory and administrative requirements, and
consistency of actual program activities with the proposed program of
projects required under subsection (e)(2) of this section and the
planning process required under section 8. // 49 USC 1607. //
"(3) The Secretary may make appropriate adjustments in the amount of
annual grants in accordance with the Secretary's findings under this
subsection, and may reduce or withdraw such assistance or take other
action as appropriate in accordance with the Secretary's review,
evaluation, and audits under this subsection.
"(4) No grant shall be made under this section to any recipient in
any fiscal year unless the Secretary has accepted a certification for
such fiscal year submitted by such person pursuant to subsection (e) of
this section.
"(h) The provisions of section 1001 of title 18, United States Code,
apply to any certification or submission under this section. In
addition, if any false or fraudulent statement or related act within the
meaning of section 1001 of title 18, United States Code, is made in
connection with a certification of submission under this subsection, the
Secretary may terminate and seek appropriate reimbursement of the
affected grant or grants directly or by offsetting funds available under
this subsection.
"(i) A recipient may request the Secretary to approve its procurement
system. If, after consultation with the Office of Federal Procurement
Policy, the Secretary finds that such system provides for competitive
procurement, the Secretary shall approve such system for use for all
procurement financed under this section. Such approval shall be binding
until withdrawn. A certification from the recipient under subsection
(e)(3)(E) is still required.
"(j) Grants under this section shall be available to finance the
planning, acquisition, construction, improvement, and operating costs of
facilities, equipment, and associated capital maintenance items for use,
by operation or lease or otherwise, in mass transportation service,
including the renovation and improvement of a historic transportation
facility with related private investment. As used in this section, the
term 'associated capital maintenance items' means any equipment and
materials each of which costs no less than 1 per centum of the current
fair market value of rolling stock comparable to the rolling stock for
which the equipment and materials are to be used.
"(k)(1) The Federal grant for any construction project (including
capital maintenance items) under this section shall not exceed 80 per
centum of the net project cost of such project. The Federal grant for
any project for operating expenses shall not exceed 50 per centum of the
net project cost of such project. The remainder shall be provided in
cash from sources other than Federal funds or revenues from the
operation of public mass transportation systems. Any public or private
transit system funds so provided shall be solely from undistributed cash
surpluses, replacement or depreciation funds or reserves available in
cash, or new capital.
"(2) The amount of funds apportioned under this section which may be
used for operating assistance shall not exceed 80 per centum of the
amount of funds apportioned in fiscal year 1982 under paragraphs (1)(
A), (2)(A), and (3)(A) of section 5(a) of this Act // 49 USC 1604. //
to an urbanized area with a population of 1,000,000 or more, 90 per
centum of funds so apportioned to an urbanized area with a population of
200,000 or more and less than 1,000,000 population; and 95 per centum
of funds so apportioned to an urbanized area of less than 200,000
population. Notwithstanding the preceding sentence, an urbanized area
that became an urbanized area for the first time under the 1980 census
may use not to exceed 40 per centum of its apportionment under this
section for operating assistance.
"(3) Notwithstanding any other provision of law, the amount of funds
apportioned under section 5 of this Act // 49 USC 1604. // and
available for operating assistance in fiscal year 1983 in an urbanized
area shall be subject to the limitations set forth in paragraph (2) of
this subsection. Subject to the limitation in the preceding sentence,
funds apportioned under section 5(a)(4) of this Act in fiscal year 1983
may be used for operating assistance.
"(l)(1)(A) Notwithstanding the provisions of subsection (k)(1), any
recipient may, in fiscal years 1983 and 1984, transfer, for use for
operating assistance, a portion of its apportionment under this section
that otherwise is available only for capital assistance, except that the
recipient's total operating assistance under this section (including any
amounts transferred from its capital apportionment) for the fiscal year
in which the transfer occurs shall not exceed the amount of Federal
funds such recipient was apportioned under sections 5(a)(1)(A),
5(a)(2)(A), and 5(a)(3)(A) of this Act for the fiscal year ending
September 30, 1982. The total operating assistance under this section
(including any amounts transferred from its capital apportionment) for a
recipient in an urbanized area that became an urbanized area for the
first time under the 1980 census may not exceed 50 per centum of its
apportionment under this section.
"(B) Notwithstanding any other provision of law, a recipient may use
its capital apportionment under section 5(a)(4) of this Act in fiscal
year 1983 for purposes of carrying out a transfer under this subsection.
No source of capital assistance under this Act (other than under
section 5(a)(4)) may be used for such a transfer in such fiscal year.
"(2) Any recipient that intends to carry out a transfer under this
subsection shall, at the time it submits a proposed program of projects
to the Secretary under subsection (e)(2)--,
"(A) certify that it has provided public notice of its intent
to transfer its capital apportionment (including notice of the
funding reductions resulting from utilization of this subsection
and other requirements of this subsection) and provided an
opportunity for public comment; and
"(B) certify that it has developed a three-year plan to assure
that in the fiscal year ending September 30, 1985, it will not
need to use and will not use its capital apportionment for
operating assistance.
"(3) Whenever any recipient transfers its capital apportionment for
operating assistance in accordance with the requirements of this
subsection, two-thirds of the amount transferred shall be available to
the recipient for operating assistance and the remaining one-third
amount shall be available to the Secretary to make discretionary grants
under this section. In making such discretionary grants, first priority
shall be given to any urbanized area that is apportioned an amount under
this section in fiscal year 1983 which is less than the amount such
urbanized area was apportioned under section 5 of this Act for the
fiscal year ending September 30, 1982. Any amounts remaining shall be
available for discretionary construction grants under this section
subject to the second and third sentences of section 4(a). // 49 USC
1603. //
"(4) The authority of recipients to use the provisions of this
paragraph shall terminate on September 30, 1984.
"(m)(1) The Governor, responsible local officials, and publicly owned
operators of mass transportation services in accordance with the
planning process required under section 8 of this Act // 49 USC 1607.
// shall designate a recipient or recipients to receive and dispense the
funds appropriated under this section that are attributable to urbanized
areas of 200,000 or more population. In any case in which a statewide
or regional agency or instrumentality is responsible under State laws
for the financing, construction and operation, directly, by lease,
contract, or otherwise, of public transportation services, such agency
or instrumentality shall be the recipient to receive and dispense such
funds. As used in this section, the term 'designated recipient' shall
refer to a recipient selected according to the procedures required by
this section or to a recipient designated in accordance with section
5(b)(1) of this Act // 49 USC 1604. // prior to the date of enactment
of this section.
"(2) Sums apportioned under this subsection not made available for
expenditure by designated recipients in accordance with the terms of
paragraph (1) shall be made available to the Governor for expenditure in
urbanized areas with populations of less than 200,000.
"(n)(1) The Governor may transfer an amount of the State's
apportionment under subsection (d) to supplement funds apportioned to
the State under section 18(a) of this Act, // 49 USC 1614. // or to
supplement funds apportioned to urbanized areas with populations of
300,000 or less under this subsection. The Governor may make such
transfers only after consultation with responsible local officials and
publicly owned operators of mass transportation services in each area to
which the funding was originally apportioned pursuant to subsection (d).
The Governor may transfer an amount of the State's apportionment under
section 18(a) to supplement funds apportioned to the State under
subsection (d). Amounts transferred shall be subject to the capital and
operating assistance limitations applicable to the original
apportionments of such amounts.
"(2) A designated recipient for an urbanized area of 200,000 or more
population may transfer its apportionment under this section, or a
portion thereof, to the Governor. The Governor shall distribute any
such apportionment to urbanized areas in the State, including areas of
200,000 or more population, in accordance with this section. Amounts
transferred shall be subject to the capital and operating assistance
limitations applicable to the original apportionment of such amounts.
"(o) Sums apportioned under this section shall be available for
obligation by the recipient for a period of three years following the
close of the fiscal year for which such sums are apportioned. Any
amounts so apportioned remaining unobligated at the end of such period
shall be added to the amount available for apportionment under this
section for the succeeding fiscal year.
" Sec. 9 A. (a)(1) Of the amount made available from the Mass
Transit Account of the Highway Trust Fund under section 21(a) of this
Act // 49 USC 1607a-1. // in fiscal year 1983, 8.64 per centum shall be
available for expenditure under this section in such fiscal year only in
urbanized areas with a population of less than 200,000.
"(2) Of the amount made available from the Mass Transit Account of
the Highway Trust Fund under section 21(a) of this Act in fiscal year
1983, 88.43 per centum shall be available for expenditure under this
section in such fiscal year only in urbanized areas with 200,000
population or more.
"(b)(1) Of the funds available under subsection (a)(2) of this
section, 66.71 per centum shall be apportioned among urbanized areas
with 200,000 population or more as follows:
"(A) 73.39 per centum shall be made available for expenditure
in only those urbanized areas with a population of 1,000,000 or
more, and on the basis of a formula under which such urbanized
area will be entitled to receive an amount equal to the sum of--,
such
urbanized area bears to the total bus revenue vehicle
miles
in all such urbanized areas;
by the
latest Federal census; and
population
weighted by a factor of density, as determined by the
Secretary; and
"(B) 26.61 per centum shall be made available for expenditure
in only those urbanized areas with a population of less than
1,000,000 and on the basis of a formula under which such urbanized
area will be entitled to receive an amount equal to the sum of--,
such
urbanized area bears to the total bus revenue vehicle
miles
in all such urbanized areas;
by the
latest available Federal census; and
population
weighted by a factor of density, as determined by the
Secretary.
"(2) Of the funds available under subsection (a)(2) of this section,
33.29 per centum shall be apportioned among urbanized areas of 200,000
population or more as follows:
"(A) 60 per centum of the amount so apportioned multiplied by
the ratio which the number of fixed guideway revenue vehicle miles
attributable to the urbanized area, as determined by the
Secretary, bears to the total number of all fixed guideway revenue
vehicle miles attributable to all such urbanized areas; and
"(B) 40 per centum of the amount so apportioned multiplied by
the ratio which the number of fixed guideway route miles
attributable to the urbanized area, as determined by the
Secretary, bears to the total number of all fixed guideway route
miles attributable to all such urbanized areas.
No urbanized area in which commuter rail service is provided and which
has a population of 750,000 or more shall receive less than 0.75 per
centum of the sums made available under this paragraph. Under this
paragraph, fixed guideway revenue vehicle or route miles provided, and
passengers served thereby, in an urbanized area of less than 200,000
population, where such revenue vehicle miles or route miles and
passengers served would otherwise be attributable to an urbanized area
with a population of 1,000,000 or more in an adjacent State, shall be
attributable to the public body in the State in which such urbanized
area of less than 200,000 population is located as if the public body
were an urbanized area of 200,000 or more so long as such public body
contracts, directly or indirectly, for such service. For the purpose of
this paragraph, the terms 'fixed guideway revenue vehicle miles' and
'fixed guideway route miles' shall include ferry boat operations
directly or under contract by the designated recipient.
"(c) Funds available under subsection (a)(1) of this section shall be
apportioned on the basis of a formula under which urbanized areas of
less than 200,000 population shall be entitled to receive an amount
equal to the sum of--,
"(1) one-half of the total amount so apportioned multiplied by
the ratio which the population of such urbanized area bears to the
total population of all such urbanized areas in all the States as
shown by the latest available Federal census; and
"(2) one-half of the total amount so apportioned multiplied by
a ratio for that urbanized area determined on the basis of
population weighted by a factor of density, as determined by the
Secretary.
As used in this section, the term 'density' means the number of
inhabitants per square mile.
"(d)(1) The provisions of subsections (e), (f), (g), (h), (i), (m),
and (n) of section 9 of this Act shall apply to grants made under this
section.
"(2)(A) Grants under this section shall be made for the purposes
described in subsection (j) of section 9 of this Act, except that such
grants may not be used for payment of operating expenses.
"(B) The Federal grant for any project under this section shall not
exceed 80 per centum of the net project cost of such project.
"(3) The provisions of subsection (o) of section 9 shall apply to
grants made under this section, except that amounts remaining
unobligated at the end of the 3-year period shall be added to the amount
available under section 3 for the succeeding fiscal year.".
Sec. 304. (a) Section 3(a)(2)(A) of the Urban Mass Transportation
Act of 1964 // 49 USC 1602. // is amended--,
(1) by striking out "and" at the end of clause (i);
(2) by striking out the period at the end of clause (ii) and
inserting in lieu thereof "; and"; and
(3) by adding at the end thereof the following:
"(iii) sufficient capability to maintain the facilities and
equipment.".
(b) Section 3(a) of the Urban Mass Transportation Act of 1964 is
amended by adding at the end thereof the following:
"(5) The Secretary shall take into account the adverse effect of
decreased commuter rail service in considering applications for
assistance under this section for the acquisition of rail lines and all
related facilities used in providing commuter rail service which are
owned by a railroad subject to reorganization under title 11, United
States Code.
"(6) In making grants under this section in fiscal year 1983, the
Secretary shall, to the extent practicable, emphasize projects that are
labor intensive and that can begin construction or manufacturing within
the shortest possible time.".
(c) Section 15(b) of the Urban Mass Transportation Act of 1964 // 49
USC 1611. // is amended by striking out "section 5" and inserting in
lieu thereof "section 5 or 9".
Sec. 305. Section 3(a)(4) of the Urban Mass Transportation Act of
1964 // 49 USC 1602. // is amended--,
(1) by inserting after the first sentence thereof the
following: " At least thirty days prior to the issuance of a
letter of intent under this paragraph, the Secretary shall notify,
in writing, the Committee on Public Works and Transportation of
the House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate, of the proposed issuance
of such letter of intent.";
(2) by striking out "in section 4(c)" and inserting in lieu
thereof the following "to carry out section 3"; and
(3) by adding at the end thereof the following: " Funding for
projects covered by letters of intent or letters of commitment
issued, and full funding contracts executed, prior to the date of
enactment of the Federal Public Transportation Act of 1982 should
be funded under this section while not precluding the funding of a
portion of such projects using section 9 capital funds unless such
funding would impair the recipient's ability to fund routine
capital projects under such section. Notwithstanding the
provisions of section 4(a), the Federal share of the total project
cost of any project under this section covered by a full funding
contract, letter of intent, or letter of commitment in effect on
the date of enactment of the Federal Public Transportation Act of
1982, or those projects within the federally agreed upon scope for
the Washington, District of Columbia, metropolitan area transit
system (as of such date), shall not be altered.".
Sec. 306. (a) Section 4(d) of the Urban Mass Transportation Act of
1964 // 49 USC 1603. // is amended by striking out " September 30,
1981, and September 30, 1982" and inserting in lieu thereof "and
September 30, 1981, $5,000,000 for the fiscal year ending September 30,
1984, and $10,000,000 per fiscal year for each of the fiscal years
ending September 30, 1985, and September 30, 1986".
(b) Section 11(b)(5) of such Act // 49 USC 1607c. // is amended to
read as follows:
"(5) As a condition to project approval, the amount of the Federal
grant must be equally matched from other than Federal funds.".
(c) The first sentence of section 11(b)(7) of such Act is amended by
inserting ", which include bona fide research and training in urban
transportation" before the period.
Sec. 307. Section 5 of the Urban Mass Transportation Act of 1964 //
49 USC 1604. // is amended--,
(1) by adding immediately after subsection (c)(4) the
following:
"(5) Apportionments under this section for fiscal year 1975 shall be
deemed to have lapsed on September 30, 1977, and apportionments under
this section for fiscal year 1976 shall be deemed to have lapsed on
September 30, 1978."; and
(2) by adding at the end thereof the following new subsection:
"(o) Notwithstanding any other provision of this section, any sums
apportioned under this section before October 1, 1982, and available for
expenditure in any urbanized area or part thereof on such date shall
remain available for expenditure in such area or part in accordance with
the provisions of this section until September 30, 1985. Any sums so
apportioned remaining unobligated on October 1, 1985, shall be added to
amounts available for apportionment under section 9 of this Act for the
fiscal year ending September 30, 1986.".
Sec. 308. Paragraph (2) of subsection (b) of section 12 of the Urban
Mass Transportation Act of 1964 // 49 USC 1608. // is amended to read
as follows:
"(2) In lieu of requiring that contracts for the acquisition of
rolling stock be awarded based on consideration of performance,
standardization, life-cycle costs and other factors, or on the basis of
lowest initial capital cost, such contracts may be awarded based on a
competitive procurement process. The Secretary shall report to Congress
within a year of enactment of the Federal Public Transportation Act of
1982 on any legislative or administrative revisions required to ensure
that procurement procedures are fair and competitive.".
Sec. 309. (a) Section 12(c)(1) of the Urban Mass Transportation Act
of 1964 // 49 USC 1608. // is amended by inserting before the semicolon
at the end thereof the following: ", and such term also means any bus
rehabilitation project which extends the economic life of a bus five
years or more".
(b) Section 12(c)(2) of the Urban Mass Transportation Act of 1964 is
amended by inserting "or rails" immediately after "separate
right-of-way" and by striking out the semicolon at the end of such
section and inserting in lieu thereof a comma and the following: "and
also means a public transportation facility which uses a fixed catenary
system and utilizes a right-of-way usable by other forms of
transportation;".
Sec. 310. // 49 USC 1601c. // (a) The Secretary of Transportation
shall report to Congress in January of 1984 and in January of every
second year thereafter his estimates of the current performance and
condition of public mass transportation systems together with
recommendations for any necessary administrative or legislative
revisions.
(b) In reporting to Congress pursuant to this section, the Secretary
shall prepare a comprehensive assessment of public transportation
facilities in the United States. The Secretary shall also assess future
needs for such facilities and estimate future capital requirements and
operation and maintenance requirements for one-, five-, and ten-year
periods at specified levels of service.
Sec. 311. The Secretary of Transportation shall only make available
Federal financial assistance to the Metropolitan Atlanta Rapid Transit
Authority for the construction of the proposed fixed rail line from
Doraville, Georgia, to the Atlanta Hartsfield International Airport on
the condition that the portion of such line extending north from Lenox
Station to Doraville and the portion of such line extending south from
Lakewood Station to the Atlanta Hartsfield International Airport will be
constructed simultaneously in usable segments so that revenue passenger
service to Doraville and such airport shall commence at approximately
the same time. This section shall apply until priorities different from
those set forth in the preceding sentence are adopted after September
30, 1983, by a valid act of the Georgia General Assembly and by a valid
resolution of the Board of the Metropolitan Atlanta Rapid Transit
Authority.
Sec. 312. (a) The Massachusetts Bay Transportation Authority shall
have no obligation to repay the United States 80 per centum of the
principal and the interest owed on the following loans entered into with
the Secretary of Transportation under the Urban Mass Transportation Act
of 1964 // 49 USC 1601. // for the acquisition of rights-of-way: the
loan numbered MA03 - 9001 entered into on January 26, 1973, and the loan
numbered MA23 - 9010 entered into on December 20, 1976.
(b)(1) The Secretary of Transportation may convert the remaining 20
per centum of the principal and interest owed on the loans described in
subsection (a) to grants under the conditions set forth in paragraph
(2).
(2) In lieu of the local matching share otherwise required, the grant
agreement may provide that State or local funds shall be committed to
public transportation projects in the urbanized area, on a schedule
acceptable to the Secretary of Transportation, in an amount equal to the
local share that would have been required had the amount of principal
and interest forgiven under subsection (a) been the Federal share of a
capital grant made when the original loan was made. The State or local
funds contributed under the terms of the preceding sentence shall be
made available for capital projects eligible for funding under section
3(a) of the Urban Mass Transportation Act of 1964 // 49 USC 1602. //
and may not be used to satisfy the local matching requirements for any
other grant project.
Sec. 313. Section 3(a)(1)(A) of the Urban Mass Transportation Act of
1964 // 49 USC 1602. // is amended by striking out "and" the second
place it appears and by inserting immediately before the semicolon at
the end thereof the following: ", and the acquisition of rights-of-way,
and relocation, for fixed guideway corridor development for projects in
advanced stages of any such detailed alternatives analyses or
preliminary engineering".
Sec. 314. (a) The Secretary of Transportation shall make a grant to
the Massachusetts Bay Transportation Authority to conduct a feasibility
study to examine the possibility of replacing either any or all three of
the existing electric trolley bus lines (and thereby eliminating the
overhead power lines) in Cambridge, Massachusetts, with the more
advanced and equally environmentally sound electric bus technology that
is being developed in the State of California for the Santa Barbara
transit system.
(b) Notwithstanding section 21(a)(2) of the Urban Mass Transportation
Act of 1964, of the amount made available by such section 21(a)(2) for
the fiscal year ending September 30, 1983, $500,000 shall be available
only to carry out this section and such amount shall remain available
until expended.
Sec. 315. The Secretary of Transportation shall conduct a study on
the feasibility of providing an assured flow of Federal funds under
long-term contracts with local or State transit authorities for use in
leveraging further capital assistance from State or local government or
private sector sources. Within six months of the date of enactment of
this Act, the Secretary shall submit to the Committee on Banking,
Housing, and Urban Affairs of the Senate and the Committee on Public
Works and Transportation of the House a report of such study.
Sec. 316. (a) Section 18(a) of the Urban Mass Transportation Act of
1964 // 49 USC 1614. // is amended by striking out "appropriated
pursuant to section 4(e) of this Act" and inserting in lieu thereof
"made available under section 21(a) of this Act to carry out this
section".
(b) Section 18(c) of the Urban Mass Transportation Act of 1964 is
amended by striking out "three years" in the first sentence and
inserting in lieu thereof "two years".
HANDICAPPED
PERSONS
Sec. 317. (a) Section 16(b) of the Urban Mass Transportation Act of
1964 // 49 USC 1612. // is amended by striking out "section 4(c)(3) of
this Act, 2 per centum" and inserting in lieu thereof "section 21(a)(2)
of this Act, 3.5 per centum".
(b) The amendment made by subsection (a) of this section // 49 USC
1612. // shall take effect October 1, 1983.
(c) Section 16 of the Urban Mass Transportation Act of 1964 is
amended by adding at the end thereof the following:
"(c) In carrying out subsection (a) of this section, section 165(b)
of the Federal-Aid Highway Act of 1973, // 23 USC 142. // and section
504 of the Rehabilitation Act of 1973 // 29 USC 794. // (consistent
with any applicable Government--, wide standards for the implementation
of such section 504), the Secretary shall, not later than ninety days
after the date of the enactment of this subsection, publish in the
Federal Register for public comment, proposed regulations and, not later
than one hundred and eighty days after the date of such enactment,
promulgate final regulations, establishing (1) minimum criteria for the
provision of transportation services to handicapped and elderly
individuals by recipients of Federal financial assistance under this Act
or under any provision of law referred to in section 165(b) of the
Federal-Aid Highway Act of 1973, // 23 USC 142. // and (2) procedures
for the Secretary to monitor recipients' compliance with such criteria.
Such regulations shall include provisions for ensuring that
organizations and groups representing such individuals are given
adequate notice of and opportunity to comment on the proposed activities
of recipients for the purpose of achieving compliance with such
regulations.".
Sec. 318. (a) Section 107 of the National Mass Transportation
Assistance Act of 1974 (Public Law 93 - 503) // 49 USC 1604a. // is
repealed.
(b) The Urban Mass Transportation Act of 1964 is amended by adding at
the end thereof the following new section:
" Sec. 22. // 49 USC 1618. // The Secretary may investigate
conditions in any facility, equipment, or manner of operation financed
under this Act which the Secretary believes creates a serious hazard of
death or injury. The investigation should determine the nature and
extent of such conditions and the means which might best be employed to
correct or eliminate them. If the Secretary determines that such
conditions do create such a hazard, he shall require the local public
body which has received funds under this Act to submit a plan for
correcting or eliminating such condition. The Secretary may withhold
further financial assistance under this Act from the local public body
until he approves such plan and the local public body implements such
plan.".
Sec. 401. // 49 USC 2301. // For purposes of this part, unless the
context otherwise requires, the term--,
(1) "commercial motor vehicle" means any self-propelled or
towed vehicle used on the highways in commerce principally to
transport passengers or cargo--,
ten
thousand or more pounds;
materials
found by the Secretary to be hazardous for the purposes
of the Hazardous Materials Transportation Act, as
amended
(49 U.S.C. 1801 et seq.);
(2) "employee" means--,
who is employed by a commercial motor carrier and who in the
course of his employment directly affects commercial motor vehicle
safety, but such term does not include an employee of the United
States, and State, or a political subdivision of a State who is
acting within the course of such employment, nor does such term
include an individual employed by a commercial motor carrier
engaged in the transportation of passengers;
(3) "employer" means any person engaged in a business affecting
commerce who owns or leases a commercial motor vehicle in
connection with that business, or assigns employees to operate it
in commerce, but such term does not include the United States, any
State, or a political subdivision of a State;
(4) "person" means one or more individuals, partnerships,
associations, corporations, business trusts, or any other
organized group of individuals;
(5) " Secretary" means the Secretary of Transportation; and
(6) " State" means a State of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,
American Samoa, Guam, or the Commonwealth of the Northern
Marianas.
Sec. 402. // 49 USC 2302. // (a) Under the terms and conditions of
this section, subject to the availability of funds, the Secretary is
authorized to make grants to States for the development or
implementation of programs for the enforcement of Federal rules,
regulations, standards, and orders applicable to commercial motor
vehicle safety and compatible State rules, regulations, standards, and
orders.
(b)(1) The Secretary shall formulate procedures for any State to
submit a plan whereby the State agrees to adopt, and to assume
responsibility for enforcing Federal rules, regulations, standards, and
orders applicable to commercial motor vehicle safety, or compatible
State rules, regulations, standards, and orders. Such plan shall be
approved by the Secretary if, in the Secretary's judgment, the plan is
adequate to promote the objectives of this section, and the plan--,
(A) designates the State motor vehicle safety agency
responsible for administering the plan throughout the State;
(B) contains satisfactory assurances that such agency has or
will have the legal authority, resources, and qualified personnel
necessary for the enforcement of such rules, regulations,
standards, and orders;
(C) gives satisfactory assurances that such State will devote
adequate funds to the administration of such plan and enforcement
of such rules, regulations, standards, and orders;
(D) provides a right of entry and inspection sufficient to
enforce such rules, regulations, standards, and orders;
(E) provides that all reports required pursuant to this section
be submitted to the State agency, and that such agency make
available upon request to the Secretary all such reports;
(F) provides that such State agency will adopt such uniform
reporting requirements and use such uniform forms for
recordkeeping, inspections, and investigations as may be
established and required by the Secretary; and
(G) requires registrants of commercial motor vehicles to make a
declaration of knowledge of applicable Federal and State safety
rules, regulations, standards, and orders.
(2) If a plan submitted under paragraph (1) of this subsection is
rejected, the Secretary shall provide the State a written explanation of
the Secretary's action and shall permit the State to modify and resubmit
its proposed plan for approval, in accordance with the procedures
formulated in such paragraph.
(c) The Secretary shall, on the basis of reports submitted by the
State agency, and on the Secretary's own inspections, make a continuing
evaluation of the manner in which each State with a plan approved under
this section is carrying out such plan. Whenever the Secretary finds,
after affording due notice and opportunity for comment, that a State
plan previously approved is not being followed or that it has become
inadequate to assure the enforcement of Federal rules, regulations,
standards, or orders applicable to commercial motor vehicle safety or
compatible State rules, regulations, standards, or orders, he shall
notify the State of withdrawal of approval of such plan. Upon receipt
of such notice such plan shall cease to be in effect. Any State
aggrieved by a determination of the Secretary pursuant to this
subsection may seek judicial review pursuant to chapter 7 of title 5,
United States Code. // 5 USC 701. // The State may, however, retain
jurisdiction in any administrative or judicial enforcement proceeding
commenced before the withdrawal of the plan whenever the issues involved
do not directly relate to the reasons for the withdrawal of approval of
the plan.
(d) The Secretary shall not approve any plan under this section which
does not provide that the aggregate expenditure of funds of the State
and political subdivisions thereof, exclusive of Federal funds, for
commercial motor vehicle safety programs will be maintained at a level
which does not fall below the average level of such expenditure for its
last two full fiscal years preceding the date of enactment of this
section.
Sec. 403. // 49 USC 2303. // By grants authorized under this part,
the Secretary shall reimburse any State an amount not to exceed 80 per
centum of the costs incurred by that State in that fiscal year in the
development and implementation of programs to enforce commercial motor
vehicle rules, regulations, standards, or orders adopted pursuant to
this title. The funds of the State and political subdivisions thereof
which are required to be expended under section 402(d) of this title
shall not be considered to be part of the non-Federal share. The
Secretary is authorized to allocate, among the States whose applications
for grants have been approved, those amounts appropriated for grants to
support such programs, pursuant to such criteria as may be established.
Sec. 404. // 49 USC 2304. // To carry out the purposes of section
402 of this title, there is authorized to be appropriated out of the
Highway Trust Fund not to exceed $10,000,000 in the fiscal year ending
September 30, 1984, not to exceed $20,000,000 in the fiscal year ending
September 30, 1985, not to exceed $30,000,000 in the fiscal year ending
September 30, 1986, not to exceed $40,000,000 in the fiscal year ending
September 30, 1987, and not to exceed $50,000,000 in the fiscal year
ending September 30, 1988. Appropriated funds authorized by this
section shall be used to reimburse States pro rata for the Federal share
of costs incurred. Grants made pursuant to the authority of this part
shall be for periods not to exceed one fiscal year, ending at the end of
a fiscal year.
Sec. 405. // 49 USC 2305. // (a) No person shall discharge,
discipline, or in any manner discriminate against any employee with
respect to the employee's compensation, terms, conditions, or privileges
of employment because such employee (or any person acting pursuant to a
request of the employee) has filed any complaint or instituted or caused
to be instituted any proceeding relating to a violation of a commercial
motor vehicle safety rule, regulation, standard, or order, or has
testified or is about to testify in any such proceeding.
(b) No person shall discharge, discipline, or in any manner
discriminate against an employee with respect to the employee's
compensation, terms, conditions, or privileges of employment for
refusing to operate a vehicle when such operation constitutes a
violation of any Federal rules, regulations, standards, or orders
applicable to commercial motor vehicle safety or health, or because of
the employee's reasonable apprehension of serious injury to himself or
the public due to the unsafe condition of such equipment. The unsafe
conditions causing the employee's apprehension of injury must be of such
nature that a reasonable person, under the circumstances then
confronting the employee, would conclude that there is a bona fide
danger of an accident, injury, or serious impairment of health,
resulting from the unsafe condition. In order to qualify for protection
under this subsection, the employee must have sought from his employer,
and have been unable to obtain, correction of the unsafe condition.
(c)(1) Any employee who believes he has been discharged, disciplined,
or otherwise discriminated against by any person in violation of
subsection (a) or (b) of this section may, within one hundred and eighty
days after such alleged violation occurs, file (or have filed by any
person on the employee's behalf) a complaint with the Secretary of Labor
alleging such discharge, discipline, or discrimination. Upon receipt of
such a complaint, the Secretary of Labor shall notify the person named
in the complaint of the filing of the complaint.
(2)(A) Within sixty days of receipt of a complaint filed under
paragraph (1) of this subsection, the Secretary of Labor shall conduct
an investigation and determine whether there is reasonable cause to
believe that the complaint has merit and notify the complainant and the
person alleged to have committed a violation of this section of his
findings. Where the Secretary of Labor has concluded that there is
reasonable cause to believe that a violation has occurred, he shall
accompany his findings with a preliminary order providing the relief
prescribed by subparagraph (B) of this paragraph. Thereafter, either
the person alleged to have committed the violation or the complainant
may, within thirty days, file objections to the findings or preliminary
order, or both, and request a hearing on the record, except that the
filing of such objections shall not operate to stay any reinstatement
remedy contained in the preliminary order. Such hearings shall be
expeditiously conducted. Where a hearing is not timely requested, the
preliminary order shall be deemed a final order which is not subject to
judicial review. Upon the conclusion of such hearing, the Secretary of
Labor shall issue a final order within one hundred and twenty days. In
the interim, such proceedings may be terminated at any time on the basis
of a settlement agreement entered into by the Secretary of Labor, the
complainant, and the person alleged to have committed the violation.
(B) If, in response to a complaint filed under paragraph (1) of this
subsection, the Secretary of Labor determines that a violation of
subsection (a) or (b) of this section has occurred, the Secretary of
Labor shall order (i) the person who committed such violation to take
affirmative action to abate the violation, (ii) such person to reinstate
the complainant to the complainant's former position together with the
compensation (including back pay), terms, conditions, and privileges of
the complainant's employment, and (iii) compensatory damages. If such
an order is issued, the Secretary of Labor, at the request of the
complainant may assess against the person against whom the order is
issued a sum equal to the aggregate amount of all costs and expenses
(including attorney's fees) reasonably incurred, as determined by the
Secretary of Labor, by the complainant for, or in connection with, the
bringing of the complaint upon which the order was issued.
(d)(1) Any person adversely affected or aggrieved by an order issued
after a hearing under subsection (c) of this section may obtain review
of the order in the United States Court of Appeals for the circuit in
which the violation, with respect to which the order was issued,
allegedly occurred, or the circuit in which such person resided on the
date of such violation. The petition for review must be filed within
sixty days from the issuance of the Secretary of Labor's order. Such
review shall be in accordance with the provisions of chapter 7 of title
5, United States Code, // 5 USC 701. // and shall be heard and decided
expeditiously.
(2) An order of the Secretary of Labor, with respect to which review
could have been obtained under this section, shall not be subject to
judicial review in any criminal or other civil proceeding.
(e) Whenever a person has failed to comply with an order issued under
subsection (c)(2) of this section, the Secretary of Labor shall file a
civil action in the United States district court for the district in
which the violation was found to occur in order to enforce such order.
In actions brought under this subsection, the district courts shall have
jurisdiction to grant all appropriate relief, including injunctive
relief, reinstatement, and compensatory damages. Civil actions brought
under this subsection shall be heard and decided expeditiously.
Sec. 406. (a) Section 30 of the Motor Carrier Act of 1980 // 49 USC
10927. // is amended in subsections (a) and (b) by striking out
"two-year period" each place it appears and inserting in lieu thereof
"three and one--, half year period".
(b) Section 30(c) of the Motor Carrier Act of 1980 is amended by
striking out "(c) Financial" and inserting in lieu thereof "(c)(1)
Subject to paragraph (2) of this subsection, financial" and by adding at
the end thereof the following new paragraph:
"(2)(A) Any person domiciled in any contiguous foreign country who
provides transportation by motor vehicle to which any of the minimal
levels of financial responsibility established under this section apply
shall have evidence of such financial responsibility in such motor
vehicle at any time such person is providing such transportation.
"(B) The Secretary of Transportation and the Secretary of the
Treasury shall deny entry into the United States of any motor vehicle in
which there is not evidence of financial responsibility required to be
in such vehicle under subparagraph (A) of this paragraph.".
(c) Section 30(g) of the Motor Carrier Act of 1980 // 49 USC 10927.
// is amended by redesignating paragraphs (1) and (2) as paragraphs (2)
and (3), respectively, and by inserting before paragraph (2) (as so
redesignated) the following new paragraph:
"(1) ' Interstate commerce' includes transportation between a
place in a State and a place outside the United States, to the
extent such transportation is in the United States;".
(d) Section 30(f) of the Motor Carrier Act of 1980 is amended to read
as follows:
"(f) This section shall not apply to any motor vehicle having a gross
vehicle weight rating of less than ten thousand pounds, if such vehicle
is not used to transport any quantity of class A or B explosives, any
quantity of poison gas, or a large quantity of radioactive materials in
interstate or foreign commerce.".
Sec. 411. // 49 USC 2311. // (a) No State shall establish, maintain,
or enforce any regulation of commerce which imposes a vehicle length
limitation of less than forty-eight feet on the length of the
semitrailer unit operating in a truck tractor-semitrailer combination,
and of less than twenty-eight feet on the length of any semitrailer or
trailer operating in a truck tractor-semitrailer-trailer combination, on
any segment of the National System of Interstate and Defense Highways
and those classes of qualifying Federal-aid Primary System highways as
designated by the Secretary, pursuant to subsection (e) of this section.
(b) Length limitations established, maintained, or enforced by the
States under subsection (a) of this section shall apply solely to the
semitrailer or trailer or trailers and not to a truck tractor. No State
shall establish, maintain, or enforce any regulation of commerce which
imposes an overall length limitation on commercial motor vehicles
operating in truck-tractor semitrailer or truck tractor semitrailer,
trailer combinations. No State shall establish, maintain, or enforce
any regulation of commerce which has the effect of prohibiting the use
of trailers or semitrailers of such dimensions as those that were in
actual and lawful use in such State on December 1, 1982. No State shall
establish, maintain, or enforce any regulation of commerce which has the
effect of prohibiting the use of existing trailers or semitrailers, of
up to twenty-eight and one-half feet in length, in a truck
tractor-semitrailer-trailer combination if those trailers or
semitrailers were actually and lawfully operating on December 1, 1982,
within a sixty-five-foot overall length limit in any State.
(c) No State shall prohibit commercial motor vehicle combinations
consisting of a truck tractor and two trailing units on any segment of
the National System of Interstate and Defense Highways, and those
classes of qualifying Federal-aid Primary System highways as designated
by the Secretary pursuant to subsection (e) of this section.
(d) The Secretary is authorized to establish rules to implement the
provisions of this section, and to make such determinations as are
necessary to accommodate specialized equipment (including, but not
limited to, automobile transporters) subject to subsections (a) and (b)
of this section.
(e)(1) The Secretary shall designate as qualifying Federal-aid
Primary System highways subject to the provisions of subsections (a) and
(c) those Primary System highways that are capable of safely
accommodating the vehicle lengths set forth herein.
(2) The Secretary shall make an initial determination of which
classes of highways shall be designated pursuant to paragraph (1) within
90 days of the date of enactment of this section.
(3) The Secretary shall enact final rules pursuant to paragraph (1)
no later than two hundred and seventy days from the date of enactment of
this section and may revise such rules from time to time thereafter.
(f) For the purposes of this section, "truck tractor" shall be
defined as the noncargo carrying power unit that operates in combination
with a semitrailer or trailer, except that a truck tractor and
semitrailer engaged in the transportation of automobiles may transport
motor vehicles on part of the power unit.
(g) The provisions of this section shall take effect ninety days
after the date of enactment of this title.
(h) The length limitations described in this section shall be
exclusive of safety and energy conservation devices, such as rear view
mirrors, turn signal lamps, marker lamps, steps and handholds for entry
and egress, flexible fender extensions, mudflaps and splash and spray
suppressant devices, load-induced tire bulge, refrigeration units or air
compressors and other devices, which the Secretary may interpret as
necessary for safe and efficient operation of commercial motor vehicles,
except that no device excluded under this subsection from the
limitations of this section shall have by its design or use the
capability to carry cargo.
Sec. 412. // 49 USC 2312. // No State may enact or enforce any law
denying reasonable access to commercial motor vehicles subject to this
title between (1) the Interstate and Defense Highway System and any
other qualifying Federal-aid Primary System highways, as designated by
the Secretary, and (2) terminals, facilities for food, fuel, repairs,
and rest, and points of loading and unloading for household goods
carriers.
Sec. 413. // 49 USC 2313. // The Secretary, or, on the request of
the Secretary, the Attorney General of the United States, is authorized
and directed to institute any civil action for injunctive relief as may
be appropriate to assure compliance with the provisions of this title.
Such action may be instituted in any district court of the United States
in any State where such relief is required to assure compliance with the
terms of this title. In any action under this section, the court shall,
upon a proper showing, issue a temporary restraining order or
preliminary or permanent injunction. In any such action, the court may
also issue a mandatory injunction commanding any State or person to
comply with any applicable provision of this title, or any rule issued
under authority of this title.
Sec. 414. // 49 USC 2314. // (a) The Congress declares that
visibility on wet roadways on the Interstate System should be improved
by reducing, by a practicable and reliable means, splash and spray from
truck tractors, semitrailers, and trailers.
(b) The Secretary shall by regulation--,
(1) within one year after the date of the enactment of this
title, establish minimum standards with respect to the performance
and installation of splash and spray suppression devices for use
on truck tractors, semitrailers, or trailers;
(2) within two years after the date of the enactment of this
title, require that all new truck tractors, semitrailers, and
trailers operated on the Interstate System be equipped with any
splash and spray suppression device which satisfies the standards
established pursuant to paragraph (1) of this subsection; and
(3) within five years after the date of the enactment of this
title, require that all truck trailers, semitrailers, and trailers
operated on the Interstate System be equipped with any splash and
spray suppression device which satisfies the standards established
pursuant to paragraph (1) of this subsection.
(c) For the purposes of this section, the term--,
(1) "truck tractor" means the noncargo carrying power unit that
operates in combination with a semitrailer or trailer(s);
(2) "semitrailer" and "trailer" mean any semitrailer or
trailer, respectively, with respect to which section 422 of this
title applies; and
(3) " Interstate System" has the same meaning provided in
section 101 of title 23, United States Code.
Sec. 415. // 49 USC 2315. // (a) Within 18 months after the date of
enactment of this title, the Secretary, after consultation with the
transportation officials and Governors of the several States and after
an opportunity for public comment, shall submit to Congress a detailed
report on the potential benefits and costs if any, to shippers,
receivers, operators of commercial motor vehicles, and the general
public, that reasonably may be anticipated from the establishment of a
National intercity truck route network for the operation of a special
class of longer combination commercial motor vehicles.
(b) For the purposes of this section, the term--,
(1) "longer combination commercial motor vehicles" means
multiple-trailer combinations consisting of (A) truck tractor--,
semitrailer-full trailer, and (B) truck tractor-semitrailer-full
trailer-full trailer combinations with an overall length not in
excess of one hundred and ten feet; and
(2) "national intercity truck route network" means a network
consisting of a number of controlled-access, interconnecting
segments of the National System of Interstate and Defense Highways
and other highways of comparable design and traffic capacity
including, but not limited to, all such highways where the
operation of longer combination commercial motor vehicles is
authorized on the date of enactment of this section.
(c) The detailed report mandated by this section shall include, but
need not be limited to, the following--,
(1) a specific plan for the establishment of a national
intercity truck route network, including the designation of those
specific highway segments which would be required to connect the
major distribution centers and markets for long-haul intercity
freight service, except that the Secretary shall not include in
the plan any highway segment which, because of design limitations
or other factors, cannot accommodate the safe operation of longer
combination commercial motor vehicles;
(2) an analysis of the intercity motor freight volume that
reasonably can be anticipated to be transported by longer
combination commercial motor vehicles over the national intercity
truck route network if such network is established by Congress;
(3) an analysis of the fuel savings that reasonably can be
anticipated in the transportation of freight by commercial motor
vehicle if such network is established by Congress;
(4) an analysis of the productivity gains that reasonably can
be anticipated to be achieved in the transportation of freight by
commercial motor vehicle if such network is established by
Congress;
(5) an analysis of the fuel conservation and productivity gains
historically achieved by operators of longer combination
commercial motor vehicles; and
(6) an analysis of the safety record of longer combination
commercial motor vehicle operations that have been conducted prior
to the date of enactment of this section.
(d) In making the findings and determinations required by subsection
(c) of this section, and in making the detailed report to Congress
required by this section, the Secretary shall assume that the longer
combination commercial motor vehicles operating on the national
intercity truck route network, if and when established by Congress,
would be subject to the single- and tandem-axle weight limits imposed by
section 127 of title 23, United States Code. The Secretary shall
further assume that the overall gross weight of such vehicles on a group
of two or more consecutive axles shall be limited by the formula set
forth in such section, and only by such formula.
(e) In making the detailed report to Congress required by this
section, the Secretary shall assume that longer combination commercial
motor vehicles operating on the national intercity truck route network
will have reasonable access to terminals, combination breakup areas, and
food and fuel facilities consistent with safe operations of such
vehicles.
Sec. 421. (a) The Federal Boat Safety Act of 1971 (Public Law 92 -
75; 85 Stat. 213) is amended as follows:
(1) By inserting "contract with, and" immediately after " The
Secretary may" in the second sentence of section 25(a) (46 U.S.C.
1474(a)) and in section 26(a) (46 U.S.C. 1475(a)) immediately
after "promulgate, may".
(2) In section 26 (b) and (c) (46 U.S.C. 1475 (b) and (c))--,
action
in doing so shall be deemed a contractual obligation of
the
United States for the payment of the proportional
share of
the cost of implementing the program.".
(3) In section 26(d) (46 U.S.C. 1475(d))--,
be
expended";
program
shall be deemed a contractual obligation of the
United States for the payment of the proportional
share of
the cost of implementing State recreational boating
safety
programs pursuant to this Act."; and
" Approval
of those elements of a combined program shall be deemed
a
contractual obligation of the United States for the
payment
of the proportional share of the cost of implementing
State
recreational boating facilities programs pursuant to
this
Act.".
(4) In section 30 (46 U.S.C. 1479) by striking the section
heading and all that follows thereafter and inserting in lieu
thereof the following:
STATE RECREATIONAL
BOATING SAFETY AND FACILITIES IMPROVEMENT PROGRAMS
" Sec. 30. For the purposes of providing financial assistance for
State recreational boating safety and facilities improvement programs,
the Secretary is authorized to expend, subject to such amounts as are
provided in appropriations Acts for liquidation of contract authority,
an amount equal to the revenues accruing each fiscal year from the taxes
under section 4041(b) of the Internal Revenue Code of 1954 // 26 USC
4041. // with respect to special motor fuels used as fuel in motor
boats and under section 4081 of such Code // 26 USC 4081. // with
respect to gasoline used as fuel in motor boats. Of the funds available
for allocations and distribution for recreational boating safety and
facilities improvement programs, one-third shall be allocated for
recreational boating safety programs and two-thirds shall be allocated
for recreational boating facilities improvement programs beginning with
fiscal year 1983. Any funds authorized to be expended for State
recreational and boating safety improvement programs shall remain
available until expended and shall be deemed to have been expended only
if a sum equal to the total amounts authorized to be expended under this
section for the fiscal year in question and all previous fiscal years
have been obligated. Any funds that were previously obligated but are
released by payment of a final voucher or modification of a program
acceptance shall be credited to the balance of unobligated funds and
shall be immediately available for expenditure.".
Sec. 422. (a) Section 303(d) and (e) of the Act of October 14, 1980
(P.L. 96 - 451, 16 U.S.C. 160a (d) and (e)), // 16 USC 1606a. // are
amended to read as follows:
"(d) During each of the fiscal years 1983, 1984, and 1985, the
Secretary of Agriculture shall expend all amounts available in the Trust
Fund (including any amounts not expended in previous fiscal years)
for--,
"(1) reforestation and timber stand improvement as set forth in
the Congressional policy in section 3(d) of the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C.
1601(d)); and
"(2) administrative costs of the Federal Government properly
allocatable to the activities described in paragraph (1).
In no event may the Secretary expend less than $104,000,000 out of the
Trust Fund in fiscal year 1983 for the purposes of this subsection.
"(e) It is the intent of Congress that the Secretary shall expend all
of the funds available in the Trust Fund in each fiscal year. Any such
funds which are not expended in a given fiscal year shall remain
available for expenditure without fiscal year limitation; except that
any funds not expended prior to October 1, 1985, shall, no later than
April 30, 1986, be distributed to the States for use in State forestry
programs pursuant to the formula set forth in the Act of May 23, 1908
(16 U.S.C. 500, Public Law 136, Sixtieth Congress.".
(b) In section 303(b)(1) of such Act, strike out "and before October
1, 1985,".
Sec. 423. (a) Section 2(e) of the Act of August 11, 1939, commonly
referred to as the Saltonstall-Kennedy Act (15 U.S.C. 713c-3 (e)), is
amended to read as follows:
"(e) Allocation of Fund Moneys.-(1) Notwithstanding any other
provision of law, all moneys in the fund shall be used exclusively for
the purpose of promoting United States fisheries in accordance with the
provisions of this section, and no such moneys shall be transferred from
the fund for any other purpose. With respect to any fiscal year, all
moneys in the fund, including the sum of all unexpended moneys carried
over into that fiscal year and all moneys transferred to the fund under
subsection (b) or any other provision of law with respect to that fiscal
year, shall be allocated as follows:
"(A) the Secretary shall use no less than 60 per centum of such
moneys to make direct industry assistance grants to develop the
United States fisheries and to expand domestic and foreign markets
for United States fishery products pursuant to subsection (c) of
this section; and
"(B) the Secretary shall use the balance of the moneys in the
fund to finance those activities of the National Marine Fisheries
Service which are directly related to development of the United
States fisheries pursuant to subsection (d) of this section.
"(2) The Secretary shall, consistent with the number of meritorious
applications received with respect to any fiscal year, obligate or
expend all of the moneys in the fund described in paragraph (1). Any
such moneys which are not expended in a given fiscal year shall remain
available for expenditure in accordance with this section without fiscal
year limitation, except that the Secretary shall not obligate such
moneys at a rate less than that necessary to prevent the balance of
moneys in the fund from exceeding $3,000,000 at the end of any fiscal
year.".
(b) The amendment made by subsection (a) of this section // 15 USC
713c-3. // shall take effect on October 1, 1983.
Sec. 424. (a) Section 104 of the Marine Protection, Research, and
Sanctuaries Act of 1972 (33 U.S.C. 1431(b)) // 33 USC 1414. // is
amended by adding the following new subsections at the end thereof:
"(h) Notwithstanding any provision of title I of the Marine
Protection, Research, and Sanctuaries Act of 1972 // 33 USC 1414. // to
the contrary, during the two-year period beginning on the date of
enactment of this subsection, no permit may be issued under such title I
that authorizes the dumping of any low-level radioactive waste unless
the Administrator of the Environmental Protection Agency determines--,
"(1) that the proposed dumping is necessary to conduct
research--,
"(2) that the scale of the proposed dumping is limited to the
smallest amount of such material and the shortest duration of time
that is necessary to fulfill the purposes of the research, such
that the dumping will have minimal adverse impact upon human
health, welfare, and amenities, and the marine environment,
ecological systems, economic potentialities, and other legitimate
uses;
"(3) after consultation with the Secretary of Commerce, that
the potential benefits of such research will outweigh any such
adverse impact; and
"(4) that the proposed dumping will be preceded by appropriate
baseline monitoring studies of the proposed dump site and its
surrounding environment.
Each permit issued pursuant to this subsection shall be subject to such
conditions and restrictions as the Administrator determines to be
necessary to minimize possible adverse impacts of such dumping.
"(i)(1) Two years after the date of enactment of this subsection, the
Administrator may not issue a permit under this title for the disposal
of radioactive waste material until the applicant, in addition to
complying with all other requirements of this title, prepares, with
respect to the site at which the disposal is proposed, a Radioactive
Material Disposal Impact Assessment which shall include--,
"(A) a listing of all radioactive materials in each container
to be disposed, the number of containers to be dumped, the
structural diagrams of each container, the number of curies of
each material in each container, and the exposure levels in rems
at the inside and outside of each container;
"(B) an analysis of the environmental impact of the proposed
action, at the site at which the applicant desires to dispose of
the material, upon human health and welfare and marine life;
"(C) any adverse environmental effects at the site which cannot
be avoided should the proposal be implemented;
"(D) an analysis of the resulting environmental and economic
conditions if the containers fail to contain the radioactive waste
material when initially deposited at the specific site;
"(E) a plan for the removal or containment of the disposed
nuclear material if the container leaks or decomposes;
"(F) a determination by each affected State whether the
proposed action is consistent with its approved Coastal Zone
Management Program;
"(G) an analysis of the economic impact upon other users of
marine resources;
"(H) alternatives to the proposed action;
"(I) comments and results of consultation with State officials
and public hearings held in the coastal States that are nearest to
the affected areas;
"(J) a comprehensive monitoring plan to be carried out by the
applicant to determine the full effect of the disposal on the
marine environment, living resources, or human health, which plan
shall include, but not be limited to, the monitoring of exterior
container radiation samples, the taking of water and sediment
samples, and fish and benthic animal samples, adjacent to the
containers, and the acquisition of such other information as the
Administrator may require; and
"(K) such other information which the Administrator may require
in order to determine the full effects of such disposal.
"(2) The Administrator shall include, in any permit to which
paragraph (1) applies, such terms and conditions as may be necessary to
ensure that the monitoring plan required under paragraph (1)(J) is fully
implemented, including the analysis by the Administrator of the samples
required to be taken under the plan.
"(3) The Administrator shall submit a copy of the assessment prepared
under paragraph (1) with respect to any permit to the Committee on
Merchant Marine and Fisheries of the House of Representatives and the
Committee on Environment and Public Works of the Senate.
"(4)(A) Upon a determination by the Administrator that a permit to
which this subsection applies should be issued, the Administrator shall
transmit such a recommendation to the House of Representatives and the
Senate.
"(B) No permit may be issued by the Administrator under this Act for
the disposal of radioactive materials in the ocean unless the Congress,
by approval of a resolution described in paragraph (D) within 90 days of
continuous session of the Congress beginning on the date after the date
of receipt by the Senate and the House of Representatives of such
recommendation, authorizes the Administrator to grant a permit to
dispose of radioactive material under this Act.
"(C) For purposes of this subsection--,
"(1) continuity of session of the Congress is broken only by an
adjournment sine die;
"(2) the days on which either House is not in session because
of an adjournment of more than three days to a day certain are
excluded in the computation of the 90 day calendar period.
"(D) For the purposes of this subsection, the term 'resolution' means
a joint resolution, the resolving clause of which is as follows: ' That
the House of Representatives and the Senate approve and authorize the
Administrator of the Environmental Protection Agency to grant a permit
under the Marine Protection, Research, and Sanctuaries Act of 1972 // 33
USC 1401. // to dispose of radioactive materials in the ocean as
recommended by the Administrator to the Congress on
, 19 .'; the first blank space therein to be filled with
the appropriate applicant to dispose of nuclear material and the second
blank therein to be filled with the date on which the Administrator
submits the recommendation to the House of Representatives and the
Senate.".
Sec. 425. Section 1103(f) of the Merchant Marine Act, 1936 (46 U.S.
C. 1273(f)), is amended by adding at the end thereof the following new
sentence: " No additional limitations may be imposed on new commitments
to guarantee loans for any fiscal year, except in such amounts as
established in advance in annual authorization Acts. No vessel eligible
for guarantees under this title shall be denied eligibility because of
its type.".
Sec. 426. (a) Section 507(a) of the Airport and Airway Improvement
Act of 1982 (title V, Public Law 97 - 248, 96 Stat. 679) // 49 USC 2206.
// is amended by redesignating paragraph (3) as paragraph (3)(A) and
adding immediately thereafter a new subparagraph (B) as follows:
"(B) There is hereby established a supplementary discretionary
fund consisting of those amounts to be credited to such fund
pursuant to section 505(a) of this title. Amounts in the
supplementary discretionary fund shall be distributed by the
Secretary in the same manner and for the same purposes as funds
distributed pursuant to subparagraph (A) except that (i) such
amounts may only be distributed for projects involving
construction, reconstruction, or repair begun after the date of
enactment of this subparagraph and not to pay for any such work
begun before such date, and (ii) the Secretary shall give
preference to those projects that increase the safety or capacity
of the airport receiving such funds. If any Act of Congress has
the effect of limiting or reducing the amount authorized or
available to be obligated for any fiscal year for the purposes of
section 505, the Secretary shall implement such limitation or
reduction by deferring the distribution of a corresponding amount
of supplementary discretionary funds until a subsequent fiscal
year. In no event may the Secretary reduce any other
apportionment or distribution under this section in order to
comply with any such Congressional limitation or reduction unless
all of the supplementary discretionary funds available for
distribution in such year have been deferred until a subsequent
fiscal year.".
(b) Section 505(a) of such Act is amended by--,
(1) striking out "$1,050,000,000" and inserting in lieu thereof
$1,250,000,000, of which $200,000,000 shall be credited to the
supplementary discretionary fund established by paragraph (3)(B)
of section 507(a) of this title";
(2) striking out "$1,843,500,000" and inserting in lieu thereof
"$2,243,500,000, of which $400,000,000 shall be credited to such
fund";
(3) striking out "$2,755,500,000" and inserting in lieu thereof
"$3,230,500,000, of which $475,000,000 shall be credited to such
fund";
(4) striking out "$3,772,500,000" and inserting in lieu thereof
"$4,247,500,000, of which $475,000,000 shall be credited to such
fund";
(5) striking out "$4,789,700,000" and inserting in lieu thereof
"$5,264,700,000 of which $475,000,000 shall be credited to such
fund"; and
(6) adding at the end thereof the following new sentence: "
Those amounts credited to the supplementary discretionary fund
pursuant to this subsection shall not be subject to any of the
apportionments or distributions set forth in sections 507(a)(1),
(2), (3)(A), or 508(d) of this title.".
(c) The first sentence of section 506(c)(2) of such Act is amended by
striking out everything after "section 505" and inserting in lieu
thereof "for that fiscal year multiplied by a factor equal to 1.83 in
the case of fiscal year 1983; 1.25 in the case of fiscal year 1984;
1.28 in the case of fiscal year 1985; 1.28 in the case of fiscal year
1986; and 1.34 in the case of fiscal year 1987.".
(d) The second sentence of section 507(a)(1)(E) of such Act is
amended by inserting ", after complying with the provisions of paragraph
(3)(B) of this subsection," immediately after "the Secretary".
(e) Section 9502(d)(1)(A) of the Internal Revenue Code of 1954 // 26
USC 9502. // is amended by striking out "the Airport and Airway
Improvement Act of 1982", the second time it appears therein, and
inserting in lieu thereof "the Surface Transportation Assistance Act of
1982".
Sec. 427. Section 11909(b) of title 49, United States Code, is
amended by inserting after "chapter 105 of this title" the following:
", or subject to the jurisdiction of the Commission prior to enactment
of the Department of Transportation Act,".
(b) Section 11914(b) of title 49, United States Code, is amended by
inserting after "chapter 105 of this title," the following: "or subject
to the jurisdiction of the Commission prior to enactment of the
Department of Transportation Act,".
Amendment of 1954 Code
Sec. 501. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.-This title may be cited as the " Highway Revenue Act
of 1982".
(b) Table of Contents.--,
Amendment of 1954 Code
Sec. 501. Short title; table of contents.
Sec. 502. Amendment of 1954 Code.
Sec. 511. Motor fuel taxes.
Sec. 512. Excise tax on heavy trucks.
Sec. 513. Heavy truck use tax.
Sec. 514. Taxes on heavy truck tires.
Sec. 515. Repeal of tax on lubricating oil.
Sec. 516. Period taxes and exemptions in effect.
Sec. 517. Treatment of certain motor carrier operating authorities
acquired by taxpayers other than corporations.
Sec. 518. Extension of payment due date for certain fuel taxes.
Sec. 521. Floor stocks taxes.
Sec. 522. Floor stocks refunds.
Sec. 523. Definitions and special rules.
Sec. 531. 4-year extension of Highway Trust Fund; codification of
Trust Fund in Internal Revenue Code of 1954; establishment of Mass
Transit Account.
Sec. 541. Tax treatment of public utility property.
Sec. 542. No return required of individual whose only gross income
is grant of $1,000 from State.
Sec. 543. Deduction for conventions on cruise ships.
Sec. 544. Additional weeks of Federal supplemental compensation.
Sec. 545. Exclusion of certain home energy assistance from income
under SSI and AFDC.
Sec. 546. Modifications to chlor-alkali electrolytic cells.
Sec. 547. Interest exempt other than under the Internal Revenue Code
of 1954.
SEC. 502. AMENDMENT OF 1954 CODE.
Except as otherwise expressly provided therein, whenever in subtitle
B an amendment or repeal is expressed in terms of an amendment to, or
repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of the Internal
Revenue Code of 1954. // 26 USC 1. //
SEC. 511. MOTOR FUEL TAXES.
(a) Taxes on Gasoline, Diesel Fuel, and Special Motor Fuels Increased
From 4 Cents a Gallon to 9 Cents a Gallon.--,
(1) Gasoline tax.-Subsection (a) of section 4081
// 26 USC 4081. // (relating to
tax on gasoline) is amended by striking out "4 cents a gallon" and
inserting in lieu thereof "9 cents a gallon".
(2) Diesel fuel and special motor fuels.-Section 4041
// 26 USC 4041. //
(relating to tax on diesel fuel and special motor fuels) is
amended by striking out subsections (a) and (b) and inserting in
lieu thereof the following:
"(a) Diesel Fuel and Special Motor Fuels.--,
"(1) Diesel fuel.-There is hereby imposed a tax of 9 cents a
gallon on any liquid (other than any product taxable under section
4081)--,
a
fuel in such vehicle, or
"(2) Special motor fuels.-There is hereby imposed a tax of 9
cents a gallon on benzol, benzene, naphtha, liquefied petroleum
gas, casing head and natural gasoline, or any other liquid (other
than kerosene, gas oil, or fuel oil, or any product taxable under
section 4081 or paragraph (1) of this subsection)--,
fuel in
such motor vehicle or motorboat, or
(b) Exemption for Methanol and Ethanol Fuels.--,
(1) In general.-Section 4041
// 26 USC 4041. //
is amended by adding at the end of the subsection (b) inserted by
subsection (c) of this section the following new paragraph:
"(2) Qualified methanol and ethanol fuel.--,
ethanol, or
other alcohol produced from a substance other than
petroleum
or natural gas.
subparagraph
(A) shall not apply."
(2) Coordination with credit.-Subsection (c) of section 44e
// 26 USC 44 E. //
(relating to coordination of credit for alcohol used as a fuel
with exemption from excise tax) is amended by striking out
"section 4041(k) or 4081(c)" and inserting in lieu thereof
"subsection (b)(2) or (k) of section 4041 or section 4081(c)".
(c) Exemption for Off-Highway Business Use.--,
(1) Gasoline.-Subsection (a) of section 6421
// 26 USC 6421. //
(relating to non--, highway use of gasoline) is amended by
striking out the first sentence and inserting in lieu thereof the
following: " Except as provided in subsection (i), if gasoline is
used in an off-highway business use, the Secretary shall pay
(without interest) to the ultimate purchaser of such gasoline an
amount equal to the amount determined by multiplying the number of
gallons so used by the rate at which tax was imposed on such
gasoline under section 4081."
(2) Diesel fuel and special motor fuels.-Section 4041
// 26 USC 4041. //
is amended by inserting after subsection (a) the following new
subsection:
"(b) Exemption for Off-Highway Business Use; Exemption for Qualified
Methanol and Ethanol Fuel.--,
"(1) Exemption for off-highway business use.--,
business
use.
otherwise
than in an off-highway business use, a tax shall be
imposed by paragraph (1)(B) or (2)(B) of subsection
(a)
(whichever is appropriate).
has
the meaning given to such term by section 6421(d)(2)."
(3) Clerical amendments.--,
// 26 USC 6421. //
are
each amended by striking out "qualified business use"
and
inserting in lieu thereof "off-highway business use".
lieu
thereof " Off-Highway".
(d) Rates of Tax for Gasohol.--,
(1) Amendments of section 4081.--,
// 26 USC 4081. //
(relating
to gasoline mixed with alcohol) is amended by striking
out "no tax shall be imposed by this section on the
sale of
any gasoline" and inserting in lieu thereof "subsection
(a)
shall be applied by substituting '4 cents' for '9
cents' in the
case of the sale of any gasoline".
amount of tax imposed on any sale of such gasoline by
such person shall be 5 cents a gallon."
(2) Amendment of section 4041.-Subsection (k) of section 4041
// 26 USC 4041. //
(relating to fuels containing alcohol) is amended to read as
follows:
"(k) Fuels Containing Alcohol.--,
"(1) In general.-Under regulations prescribed by the Secretary,
in the case of the sale or use of any liquid fuel at least 10
percent of which consists of alcohol (as defined in section
4081(c)(3))--,
"(2) Later separation.-If any person separates the liquid fuel
from a mixture of the liquid fuel and alcohol to which paragraph
(1) applied, such separation shall be treated as a sale of the
liquid fuel. Any tax imposed on such sale shall be reduced by the
amount (if any) of the tax imposed on the sale of such mixture.
"(3) Termination.-Paragraph (1) shall not apply to any sale or
use after December 31, 1992."
(3) Credit for alcohol used as a fuel.-Section 44 E
// 26 USC 44 E. //
(relating to alcohol used as a fuel) is amended--,
(4) Amendments of section 6427.-Subsection (f) of section 6427
// 26 USC 6427. //
is amended to read as follows:
"(f) Gasoline Used To Produce Certain Alcohol Fuels.--,
"(1) In general.-Except as provided in subsection (i), if any
gasoline on which a tax is imposed by section 4081 at the rate of
9 cents a gallon is used by any person in producing a mixture
described in section 4081(c) which is sold or used in such
person's trade or business, the Secretary shall pay (without
interest) to such person an amount equal to the amount determined
at the rate of 5 cents a gallon. The preceding sentence shall not
apply with respect to any mixture sold or used after December 31,
1992.
"(2) Coordination with other repayment provisions.-No amount
shall be payable under paragraph (1) with respect to any gasoline
with respect to which an amount is payable under subsection (d) or
(e) of this section or under section 6420 or 6421."
(5) Tariff on alcohol imported for use as a fuel.-Item 901.50
of the Tariff Schedules of the United States (19 U.S.C. 1202) is
amended by striking out "40 cents per gal." each place it appears
and inserting in lieu thereof "50 cents per gal."
(e) Use in Certain Taxicabs.--,
(1) In general.-Paragraph (1) of section 6427(e)
// 26 USC 6427. //
(relating to use in certain taxicabs) is amended by striking out
"an amount equal to the aggregate amount of the tax imposed on
such gasoline or fuel" and inserting in lieu thereof "an amount
determined at the rate of 4 cents a gallon".
(2) Extension of repayment.-Paragraph (3) of section 6427(e)
(relating to termination) is amended by striking out " December
31, 1982" and inserting in lieu thereof " September 30, 1984".
(3) Suspension of shared transportation requirement.--, Clause
(ii) of section 6427(e)(2)(A) (relating to qualified taxicab
services) is amended to read as follows:
(4) Study.-The Secretary of the Treasury or his delegate shall
conduct a study of the reduced rate of fuels taxes provided for
taxicabs by section 6427(e)
// 26 USC 6427. //
of the Internal Revenue Code of 1954. Not later than January 1,
1984, the Secretary shall transmit a report on the study conducted
under the preceding sentence to the Congress, together with such
recommendations as he may deem advisable.
(f) Refund of Motor Fuel Taxes to Aerial and Other Applicators of
Agricultural Substances.-Paragraph (4) of section 6420(c) // 26 USC
6420. // (defining use on a farm for farming purposes) is amended to
read as follows:
"(4) Certain farming use other than by owner, etc.-In applying
paragraph (3)(A) to a use on a farm for any purpose described in
paragraph (3)(A) by any person other than the owner, tenant, or
operator of such farm--,
gasoline,
except that
is
the ultimate purchaser of the gasoline, and
the
user and ultimate purchaser of the gasoline,
then subparagraph (A) of this paragraph shall not apply
and the aerial or other applicator shall be treated as
having
used such gasoline on a farm for farming purposes."
(g) Technical and Conforming Amendments.--,
(1) Gasoline used in noncommercial aviation.-Paragraph (3) of
section 4041(c)
// 26 USC 4041. //
(relating to noncommercial aviation) is amended to read as
follows:
"(3) Rate of tax.-The rate of tax imposed by paragraph (2) on
any gasoline is the excess of 12 cents a gallon over the rate at
which tax was imposed on such gasoline under section 4081."
(2) Comforming amendments.--,
// 26 USC 6416. //
is amended by striking
out "section 4041(a)(1) or (b)(1)" and inserting in lieu
thereof "paragraph (1)(A) or (2)(A) of
section 4041(a)".
// 26 USC 6427. //
is amended by striking
out "section 4041(a), (b), or (c)" and inserting in
lieu thereof
"section 4041(a) or (c)".
striking
out "subsection (a) or (b) of section 4041" each place
it
appears and inserting in lieu thereof "subsection (a) of
section 4041".
thereof
"section 4041(a) or (c)".
// 26 USC 4041. //
(h) Effective Date.--,
(1) In general.-Except as otherwise provided in this
subsection, the amendments made by this section shall take effect
on April 1, 1983.
(2) Tariff on imported alcohol.-The amendment made by
subsection (d)(5) shall apply with respect to articles entered, or
withdrawn from warehouse for consumption, after March 31, 1983.
(3) For subsection (e)(2).-The amendment made by subsection
(e)(2) shall take effect on January 1, 1983.
(4) Shared transportation requirement.-The amendment made by
subsection (e)(3) shall apply with respect to fuel purchased after
December 31, 1982, and before January 1, 1984.
SEC. 512. EXCISE TAX ON HEAVY TRUCKS.
(a) Changes in Existing Manufacturers Excise Tax.--,
(1) Increase in threshold weights.-Paragraph (2) of section
4061(a)
// 26 USC 4061. //
(relating to exclusion for light-duty trucks, etc.) is amended to
read as follows:
"(2) Exclusion for trucks with gross vehicle weight of 33,000
pounds or less, and certain trailers.--,
suitable
for use with a vehicle which has a gross vehicle weight
of 33,000 pounds or less (as determined under
regulations
prescribed by the Secretary).
suitable for
use with a trailer or semitrailer which has a gross
vehicle
weight of 26,000 pounds or less (as determined under
regulations
prescribed by the Secretary)."
(2) Repeal of tax on parts and accessories, termination of tax
imposed at manufactures level.-Section 4061
// 26 USC 4061. //
is amended by adding at the end thereof the following new
subsection:
"(c) Termination.--,
"(1) Tax on parts and accessories.-On and after the day after
the date of the enactment of this subsection, the tax imposed by
subsection (b) shall not apply.
"(2) Tax on trucks.-On and after April 1, 1983, the tax imposed
by subsection (a) shall not apply."
(3) Exemption of certain rail trailers and vans.-Subsection (a)
of section 4063
// 26 USC 4063. //
(relating to exemptions for specified articles) is amended by
adding at the end thereof the following new paragraph:
"(8) Rail trailers and rail vans.-The tax imposed under section
4061 shall not apply in the case of--,
railroad
car, and
subparagraph
(A).
For purposes of this paragraph, a piggy-back trailer or
semitrailer shall not be treated as designed for use as a railroad
car."
(4) Effective date.-The amendments made by this
// 26 USC 4061. //
subsection shall take effect on the day after the date of the
enactment of this Act.
(b) Imposition of Retail Tax on Sale of Heavy Trucks and Trailers.--,
(1) In general.-Chapter 31 is amended by adding at the end
thereof the following new subchapter:
" Sec. 4051. Imposition of tax on heavy trucks and trailers sold at
retail.
" Sec. 4052. Definitions and special rules.
" Sec. 4053. Exemptions.
" SEC. 4051. // 26 USC 4051. // IMPOSITION OF TAX ON HEAVY TRUCKS
AND TRAILERS SOLD AT RETAIL.
"(a) Imposition of Tax.--,
"(1) In general.-There is hereby imposed on the first retail
sale of the following articles (including in each case parts or
accessories sold on or in connection therewith or with the sale
thereof) a tax of 12 percent of the amount for which the article
is so sold:
transportation
in combination with a trailer or semitrailer.
"(2) Exclusion for trucks weighing 33,000 pounds or less.-The
tax imposed by paragraph (1) shall not apply to automobile truck
chassis and automobile truck bodies, suitable for use with a
vehicle which has a gross vehicle weight of 33,000 pounds or less
(as determined under regulations prescribed by the Secretary).
"(3) Exclusion for trailers weighing 26,000 pounds or less.-
The tax imposed by paragraph (1) shall not apply to truck trailer
and semitrailer chassis and bodies, suitable for use with a
trailer or semitrailer which has a gross vehicle weight of 26,000
pounds or less (as determined under regulations prescribed by the
Secretary.
"(4) Sale of trucks, etc., treated as sale of chassis and
body.-For purposes of this subsection, a sale of an automobile
truck or truck trailer or semitrailer shall be considered to be a
sale of a chassis and of a body described in paragraph (1).
"(b) Separate Purchase of Truck or Trailer and Parts and Accessories
Therefor.-Under regulations prescribed by the Secretary--,
"(1) In general.-If--,
installs (or
causes to be installed) any part or accessory on such
vehicle,
and
article) was
first placed in service,
then there is hereby imposed on such installation a tax equal to
12 percent of the price of such part or accessory and its
installation.
"(2) Exceptions.-Paragraph (1) shall not apply if--,
respect to
any vehicle does not exceed $200 (or such other amount
or
amounts as the Secretary may by regulations prescribe).
"(3) Installers secondarily liable for tax.-In addition to the
owner, lessee, or operator of the vehicle, the owner of the trade
or business installing the part or accessory shall be liable for
the tax imposed by paragraph (1).
"(c) Termination.-On and after October 1, 1988, the taxes imposed by
this section shall not apply.
"(d) Transitional Rule.-In the case of any article taxable under
subsection (a) on which tax was imposed under section 4061(a),
subsection (a) shall be applied by substituting '2 percent' for '12
percent'.
" SEC. 4052. // 26 USC 4052. // DEFINITIONS AND SPECIAL RULES.
"(a) First Retail Sale.-For purposes of this subchapter--,
"(1) In general.-The term 'first retail sale' means the first
sale, for a purpose other than for resale, after manufacture,
production, or importation.
"(2) Leases considered as sales.-Rules similar to the rules of
section 4217 shall apply.
"(3) Use treated as sale.--,
article,
then such person shall be liable for tax under
section 4051
in the same manner as if such article were sold at
retail by
him.
as
material in the manufacture or production of, or as a
component part of, another article to be manufactured or
produced by him.
be
computed on the price at which similar articles are
sold at
retail in the ordinary course of trade, as determined
by the
Secretary.
"(b) Determination of Price.--,
"(1) In general.-In determining price for purposes of this
subchapter--,
placing
the article in condition ready for use,
subdivision
thereof or the District of Columbia, whether the
liability for such tax is imposed on the vendor or
vendee, and
"(2) Sales not at arm's length.-In the case of any article sold
(otherwise than through an arm's-length transaction) at less than
the fair market price, the tax under this subchapter shall be
computed on the price for which similar articles are sold at
retail in the ordinary course of trade, as determined by the
Secretary.
"(c) Certain Combinations Not Treated as Manufacture.-For purposes of
this subchapter (other than subsection (a)(3)(B)), a person shall not be
treated as engaged in the manufacture of any article by reason of merely
combining such article with any equipment or other item listed in
section 4063(d).
"(d) Certain Other Rules Made Applicable.-Under regulations
prescribed by the Secretary, rules similar to the rules of--,
"(1) subsections (c) and (d) of section 4216 (relating to
partial payments), and
"(2) section 4222 (relating to registration),
shall apply for purposes of this subchapter.
" SEC. 4053. // 26 USC 4053. // EXEMPTIONS.
"(a) Exemption of Specified Articles.-No tax shall be imposed under
section 4051 on any article specified in subsection (a) of section 4063.
"(b) Certain Exemptions Made Applicable.-The exemptions provided by
section 4221(a) are hereby extended to the tax imposed by section 4051."
(2) Technical and conforming amendments.--,
(B) The table of chapters for subtitle D is amended by striking
out the item relating to chapter 31 and inserting in lieu thereof
the following new item:
" Chapter 31. Retail excise taxes."
(C) Paragraph (2) of section 6416(b),
// 26 USC 6416. //
as amended by this Act, is amended by inserting "or under section
4051" after "section 4041(a)".
(D) Paragraph (1) of section 6416(a) is amended by striking out
"chapter 31 (special fuels)" and inserting in lieu thereof
"chapter 31 (relating to retail excise taxes)".
(3) Effective date.-The amendments made by this subsection
// 26 USC 4051. //
shall take effect on April 1, 1983.
SEC. 513. HEAVY TRUCK USE TAX.
(a) Increase in Rate of Tax.-Subsection (a) of section 4481 // 26 USC
4481. // (relating to imposition of tax) is amended to read as follows:
"(a) Imposition of Tax.-A tax is hereby imposed on the use of any
highway motor vehicle which (together with the semitrailers and trailers
customarily used in connection with highway motor vehicles of the same
type as such highway motor vehicle) has a taxable gross weight of at
least 33,000 pounds at the rate specified in the following table:
"(1) In general.--,
TABLE OMITTED
"(2) Definitions.-For purposes of paragraph (1)--,
DEFINITIONS OMITTED
(b) Exemption Where Truck Used for Less Than 5,000 Miles on Public
Highways.-Section 4483 // 26 USC 4483. // (relating to exemptions from
highway use tax) is amended by adding after subsection (c) thereof the
following new subsection:
"(d) Exemption for Trucks Used for Less Than 5,000 Miles on Public
Highways.--,
"(1) Suspension of tax.--,
vehicle,
then the collection of the tax imposed by section 4481
// 26 USC 4481. //
with
respect to the use of such vehicle shall be suspended
during
the taxable period.
with
respect to any highway motor vehicle whenever the use of
such vehicle on public highways during the taxable
period
exceeds 5,000 miles.
"(2) Exemption.-If--,
with
respect to any highway motor vehicle is suspended under
paragraph (1),
then no tax shall be imposed by section 4481 on the use of such
vehicle for the taxable period.
"(3) Refund where tax paid and vehicle not used for more than
5,000 miles.-If--,
period, the amount of such tax shall be credited or refunded
(without interest) to the person who paid such tax.
"(4) Relief from liability for tax under certain circumstances
where truck is transferred.-Under regulations prescribed by the
Secretary, the owner of a highway motor vehicle with respect to
which the collection of the tax imposed by section 4481 is
suspended under paragraph (1) shall not be liable for the tax
imposed by section 4481 (and the new owner shall be liable for
such tax) with respect to such vehicle if--,
respect to
the transfer of such vehicle.
"(5) Owner defined.-For purposes of this subsection, the term
'owner' means, with respect to any highway motor vehicle, the
person described in section 4481(b)."
(c) Clarification of Trailers Customarily Used in Connection with
Highway Motor Vehicles.--,
(1) Subsection (c) of section 4482
// 26 USC 4482. //
is amended by adding at the end thereof the following new
paragraph:
"(5) Customary use.-A semitrailer or trailer shall be treated
as customarily used in connection with a highway motor vehicle if
such vehicle is equipped to tow such semitrailer or trailer."
(2) The heading for subsection (c) of section 4482 is amended
by inserting "and Special Rule" after " Definitions".
(d) Proration of Tax Where Vehicle Destroyed.-Subsection (c) of
section 4481 // 26 USC 4481. // (relating to proration of tax) is
amended to read as follows:
"(c) Proration of Tax.--,
"(1) Where first use occurs after first month.-If in any
taxable period the first use of the highway motor vehicle is after
the first month in such period, the tax shall be reckoned
proportionately from the first day of the month in which such use
occurs to and including the last day in such taxable period.
"(2) Where vehicle destroyed or stolen.--,
day of
the last month in such period and not subsequently used
during such taxable period, the tax shall be reckoned
proportionately
from the first day of the month in such period
in which the first use of such highway motor vehicle
occurs
to and including the last day of the month in which such
highway motor vehicle was destroyed or stolen.
damaged
by reason of an accident or other casualty to such an
extent that it is not economic to rebuild."
(e) Special Rule for Taxable Period in Which Termination Date
Occurs.-Section 4482 // 26 USC 4482. // is amended by adding at the end
thereof the following new subsection:
"(d) Special Rule for Taxable Period in Which Termination Date
Occurs.-In the case of the taxable period which ends on September 30,
1988, the amount of the tax imposed by section 4481 with respect to any
highway motor vehicle shall be determined by reducing each dollar amount
in the table contained in section 4481(a) by 75 percent."
(f) Effective Date.--,
(1) In general.-Except as otherwise provided in this
subsection, the amendments made by this section
// 26 USC 4481. //
shall take effect on July 1, 1984.
(2) Special rule in the case of certain owner-operators.--,
section
4481(a) of the Internal Revenue Code of 1954 (as
added by
this section) shall be applied by substituting for each
date
contained in such paragraphs a date which is 1 year
after
the date so contained.
paragraph,
the term "small owner-operator" means any person
who owns and operates at any time during the taxable
period no more than 5 highway motor vehicles with
respect
to which a tax is imposed by section 4481 of such Code
for
such taxable period.
such
Code which are owned by--,
prescribe
regulations which provide attribution rules that
take into account, in addition to the persons and
entities
described in the preceding sentence, taxpayers who
own highway motor vehicles through partnerships,
joint ventures, and corporations.
corporations"
has the meaning given to such term by section
1563(a), except that--,
// 26 USC 1563. //
and
paragraph,
the term "highway motor vehicle" has the meaning
given to such term by section 4482(a) of such Code.
(g) Study of Alternatives to Tax on Use of Heavy Trucks.--,
(1) In general.-The Secretary of Transportation (in
consultation with the Secretary of the Treasury) shall conduct a
study of--,
of 1954, and
(2) Alternatives included.-The alternatives studied under
paragraph (1) shall include taxes based either singly or in
suitable combinations on vehicle size or configuration; vehicle
weight, both registered and actual operating weight; and distance
traveled. Plans for improving tax collection and enforcement
shall, to the extent practical, provide for Federal and State
co-operation in such activities.
(3) Consultation with state officials and other affected
parties.-The study required under subsection (a) shall be
conducted in consultation with State officials, motor carriers,
and other affected parties.
(4) Report.-Not later than January 1, 1985, the Secretary of
Transportation shall submit to the Committee on Ways and Means of
the House of Representatives and the Committee on Finance of the
Senate a report on the study conducted under paragraph (1)
together with such recommendations as he may deem advisable.
SEC. 514. TAXES ON HEAVY TRUCK TIRES.
(a) General Rule.-Subsection (a) of section 4071 // 26 USC 4071. //
(relating to imposition and rate of tax on tires and tubes) is amended
to read as follows:
"(a) Imposition and Rate of Tax.-There is hereby imposed on tires of
the type used on highway vehicles, if wholly or in part made of rubber,
sold by the manufacturer, producer, or importer a tax at the following
rates:
RATES OMITTED.
(b) Effective Date.-The amendment made by this section // 26 USC
4071. // shall apply to articles sold on or after January 1, 1984.
SEC. 515. REPEAL OF TAX ON LUBRICATING OIL.
(a) General Rule.-Subpart B of part III of subchapter A of chapter 32
// 26 USC 4091 - 4094. // (relating to tax on lubricating oil) is
hereby repealed.
(b) Technical Amendments.--,
(1) Subsection (c) of section 4221
// 26 USC 4221. //
is amended by striking out "4083, or 4093" and inserting in lieu
thereof "or 4083".
(2) Subsection (d) of section 4222
// 26 USC 4222. //
is amended by striking out "4093,".
(3)(A) Section 6206
// 26 USC 6206. //
is amended by striking out "4091 (with respect to payments under
section 6424)," and by striking out "6424," each place it appears
in the heading and the text.
(B) The table of sections for subchapter A of chapter 63 is
amended by striking out "6424," in the item relating to section
6206.
(4) Paragraph (2) of section 6416(b)
// 26 USC 6416. //
is amended--,
and inserting in lieu thereof a period.
(5) Section 6424
// 26 USC 6424. //
(relating to lubricating oil used for certain nontaxable purposes)
is hereby repealed.
(6)(A) Subsection (a) of section 39
// 26 USC 39. //
is amended by striking out paragraph (3), by redesignating
paragraph (4) as paragraph (3), and by inserting "and" at the end
of paragraph (2).
(B) Subsection (b) of section 39 is amended--,
or 6427(i)" and
inserting in lieu thereof "section 6421(i) or 6427(i)".
(C) The heading for section 39 is amended by striking out ",
special fuels, and lubricating oil" and inserting in lieu thereof
"and special fuels".
(D) The table of sections for subpart A of part IV of
subchapter A of chapter 1 is amended by striking out ", special
fuels, and lubricating oil" in the item relating to section 39 and
inserting in lieu thereof "and special fuels".
(E) Sections 874(a) and 6201(a)(4)
// 26 USC 874, 6201. //
are each amended by striking out ", special fuels, and lubricating
oil" and inserting in lieu thereof "and special fuels".
(F) Paragraph (2) of section 882(c)
// 26 USC 882. //
is amended by striking out "and lubricating oil".
(7) Subparagraph (C) of section 6421(d)(2)
// 26 USC 6421. //
is amended by striking out ", special motor fuels, and lubricating
oil" and inserting in lieu thereof "and special motor fuels".
(8) Section 4101
// 26 USC 4101. //
is amended by striking out "or section 4091".
(9) Section 4102
// 26 USC 4102. //
is amended by striking out "or lubricating oils".
(10) Paragraph (9) of section 6504
// 26 USC 6504. //
is amended by striking out "6424 (relating to lubricating oil used
for certain nontaxable purposes)," and by striking out "6424,".
(11)(A) Subsection (a) of section 6675
// 26 USC 6675. //
is amended by striking out "6424 (relating to lubricating oil used
for certain nontaxable purposes),".
(B) Paragraph (1) of section 6675(b) is amended by striking out
"6424,".
(C) The heading for section 6675 is amended by striking out "
OR LUBRICATING OIL.".
(D) The table of sections for subchapter B of chapter 68 is
amended by striking out "or lubricating oil" in the item relating
to section 6675.
(12) Sections 7210, 7603, 7604, 7605, 7609(c)(1), and 7610(c)
// 26 USC 7210, 7603 - 7605, 7609, 7610. //
are each amended by striking out "6424(d)(2)," each place it
appears.
(13) The table of subparts for part III of subchapter A of
chapter 32 is amended by striking out the item relating to subpart
B.
(14) The table of sections for subchapter B of chapter 65 is
amended by striking out the item relating to section 6424.
(c) Effective Date.-The amendments made by this section // 26 USC 39.
// shall apply with respect to articles sold after the date of the
enactment of this Act.
SEC. 516. PERIOD TAXES AND EXEMPTIONS IN EFFECT.
(a) Period Taxes in Effect.--,
(1) Special fuels tax.--,
Act)
is amended by adding at the end thereof the following
new
paragraph:
"(3) Termination.-On and after October 1, 1988, the taxes
imposed by this subsection shall not apply."
(2) Tires and tread rubber.-Subsection (d) of section 4071
// 26 USC 4071. //
is amended to read as follows:
"(d) Termination.-On and after October 1, 1988, the taxes imposed by
subsection (a) shall not apply."
(3) Gasoline.-Subsection (b) of section 4081
// 26 USC 4081. //
is amended to read as follows:
"(b) Termination.-On and after October 1, 1988, the taxes
imposed by this section shall not apply."
(4) Highway use tax.-Sections 4481(e) and 4482(c)(4)
// 26 USC 4481, 4482. //
are each amended by striking out "1984" each place it appears and
inserting in lieu thereof "1988".
(5) Floor stocks taxes.-Paragraph (1) of section 6412(a)
// 26 USC 6412. //
(relating to floor stocks refunds) is amended--,
(6) Other provisions.-Paragraph (2) of section 6156(e)
// 26 USC 6156, 6421. //
(relating to installment payments of tax on use of highway motor
vehicles) and subsection (h) of section 6421 (relating to tax on
gasoline used for certain nonhighway purposes or by local transit
systems) are each amended by striking out "1984" and inserting in
lieu thereof "1988".
(b) Termination of Exemptions.--,
(1)(A) Subsection (f) of section 4041
// 26 USC 4041. //
is amended by adding at the end thereof the following new
paragraph:
"(3) Termination.-On and after October 1, 1988, paragraph (1)
shall not apply."
(B) Subsection (g) of section 4041 is amended by adding at the
end thereof the following new sentence: " Paragraphs (2) and (4)
shall not apply on and after October 1, 1988."
(2) Subsection (a) of section 4221
// 26 USC 4221. //
(relating to certain tax resales) is amended by adding at the end
thereof the following new sentence: " In the case of taxes
imposed by section 4051, 4071, or 4081, paragraphs (4) and (5)
shall not apply on and after October 1, 1988."
(3) Section 4483
// 26 USC 4483. //
(relating to exemption for highway use tax) is amended by adding
after subsection (d) thereof the following new subsection:
"(e) Termination of Exemptions.-Subsections (a) and (c) shall not
apply on and after October 1, 1988."
(4) Section 6420
// 26 USC 6420. //
(relating to gasoline used on farms) is amended by redesignating
subsection (h) as subsection (i) and by inserting after subsection
(g) the following new subsection:
"(h) Termination.-This section shall apply only with respect to
gasoline purchased before October 1, 1988."
(5) Section 6427
// 26 USC 6427. //
is amended by redesignating subsection (k) as subsection (l) and
by inserting after subsection (j) the following new subsection:
"(k) Termination of Subsections (a), (b), (c), and (d).-Subsections
(a), (b), (c), and (d) shall only apply with respect to fuels purchased
before October 1, 1988."
SEC. 517. TREATMENT OF CERTAIN MOTOR CARRIER OPERATING AUTHORITIES
ACQUIRED BY TAXPAYERS OTHER THAN CORPORATIONS.
(a) General Rule.-Paragraph (2) of section 266(c) of the Economic
Recovery Tax Act of 1981 // 26 USC 165. // (relating to stock
acquisitions of motor carrier operating authorities) is amended by
redesignating subparagraph (B) as subparagraph (C) and by inserting
after subparagraph (A) the following new subparagraph:
"(B) Treatment of certain noncorporate taxpayers.--, Under
regulations prescribed by the Secretary of the Treasury or his
delegate, and at the election of the holder of the authority, in
any case in which--,
then, for purposes of subparagraphs (A) and (C), the noncorporate
taxpayer or group of noncorporate taxpayers referred to in clause
(i) shall be treated as a corporation. The preceding sentence
shall apply only if such noncorporate taxpayer (or group of
noncorporate taxpayers) on July 1, 1980, held stock constituting
control (within the meaning of section 368(c) of the Internal
Revenue Code of 1954
// 26 USC 368. //
of the corporation holding (directly or indirectly) the motor
carrier operating authority."
(b) Effective Date.-The amendment made by subsection (a) // 26 USC
165. // shall apply to taxable years ending after July 30, 1980.
SEC. 518. // 26 USC 4081. // EXTENSION OF PAYMENT DUE DATE FOR
CERTAIN FUEL TAXES.
(a) 14-Day Extension.-The Secretary shall prescribe regulations which
permit any qualified person whose liability for tax under section 4081
of the Internal Revenue Code of 1954 is payable with respect to
semi-monthly periods to pay such tax on or before the day which is 14
days after the close of such semi-monthly period if such payment is made
by wire transfer to any government depository authorized under section
6302 of such Code. // 26 USC 6302. //
(b) Qualified Person Defined.-For purposes of this section--,
(1) In general.-The term "qualified person" means--,
// 26 USC 4995. //
(2) Aggregation rules.-For purposes of paragraph (1), in
determining whether any person's production exceeds 1,000 barrels
per day, rules similar to the rules of section 4992(e) of the
Internal Revenue Code of 1954
// 26 USC 4992. //
shall apply.
(c) Special Rule Where 14th Day Falls on Saturday, Sunday, or
Holiday.-If, but for this subsection, the due date under subsection (a)
would fall on a Saturday, Sunday, or a holiday in the District of
Columbia, such due date shall be deemed to be the immediately preceding
day which is not a Saturday, Sunday, or such a holiday.
SEC. 521. // 26 USC 4061. // FLOOR STOCKS TAXES.
(a) 1983 Tax on Gasoline.-On gasoline subject to tax under section
4081 which, on April 1, 1983, is held by a dealer for sale, there is
hereby imposed a floor stocks tax at the rate of 5 cents a gallon.
(b) 1984 Tax on Tires.-On any article which would be subject to tax
under section 4071(a) if sold by the manufacturer, producer, or importer
on or after January 1, 1984, which on January 1, 1984, is held by a
dealer and has not been used and is intended for sale, there shall be
imposed a floor stocks tax equal to the excess of the amount of tax
which would be imposed on such article if it were sold by the
manufacturer, producer, or importer after January 1, 1984, over the
amount of tax imposed under section 4071(a) on the sale of such article
by the manufacturer, producer, or importer.
(c) Overpayment of Floor Stocks Taxes.-Section 6416 shall apply in
respect of the floor stocks taxes imposed by this section, so as to
entitle, subject to all provisions of section 6416, any person paying
such floor stocks taxes to a credit or refund thereof for any of the
reasons specified in section 6416.
(d) Due Date of Taxes.-The taxes imposed by this section shall be
paid at such time after--,
(1) May 15, 1983, in the case of the tax imposed by subsection
(a), or
(2) February 15, 1984, in the case of the tax imposed by
subsection (b),
as may be prescribed by the Secretary of the Treasury or his delegate.
(e) Transfer of Floor Stocks Taxes to Highway Trust Fund.--, For
purposes of determining the amount transferred to the Highway Trust Fund
for any period, the taxes imposed by this section shall be treated as if
they were imposed by section 4081 or 4071 of the Internal Revenue Code
of 1954, // 26 USC 4081, 4071. // whichever is appropriate.
SEC. 522. // 26 USC 4061. // FLOOR STOCKS REFUNDS.
(a) General Rule.--,
(1) In general.-Where, before the day after the date of the
enactment of this Act, any tax-repealed article has been sold by
the manufacturer, producer, or importer and on such day is held by
a dealer and has not been used and is intended for sale, there
shall be credited or refunded (without interest) to the
manufacturer, producer, or importer an amount equal to the tax
paid by such manufacturer, producer, or importer on his sale of
the article if--,
October 1,
1983, based on a request submitted to the manufacturer,
producer, or importer before July 1, 1983, by the
dealer who
held the article in respect of which the credit or
refund is
claimed, and
article
or written consent has been obtained from the dealer to
allowance of the credit or refund.
(2) Limitation on eligibility for credit or refund.-No
manufacturer, producer, or importer shall be entitled to credit or
refund under paragraph (1) unless he has in his possession such
evidence of the inventories with respect to which the credit or
refund is claimed as may be required by regulations prescribed by
the Secretary of the Treasury or his delegate under this
subsection.
(3) Other laws applicable.-All provisions of law, including
penalties, applicable with respect to the taxes imposed by section
4061, 4071, or 4091 (whichever is appropriate) shall, insofar as
applicable and not inconsistent with paragraphs (1) and (2) of
this subsection, apply in respect of the credits and refunds
provided for in paragraph (1) to the same extent as if the credits
or refunds constituted overpayments of the tax.
(b) Refunds With Respect to Certain Consumer Purchases of Trucks and
Trailers.--,
(1) In general.-Except as otherwise provided in paragraph (2),
where after December 2, 1982, and before the day after the date of
the enactment of this Act, a tax-repealed article on which tax was
imposed by section 4061(a) has been sold to an ultimate purchaser,
there shall be credited or refunded (without interest) to the
manufacturer, producer, or importer of such article an amount
equal to the tax paid by such manufacturer, producer, or importer
on his sale of the article.
(2) Limitation of eligibility for credit or refund.-No
manufacturer, producer, or importer shall be entitled to a credit
or refund under paragraph (1) with respect to an article unless--,
reimbursement
of the tax to such purchaser, as may be required by
regulations prescribed by the Secretary of the
Treasury or
his delegate under this subsection.
October 1,
1983, based on information submitted to the
manufacturer,
producer, or importer before July 1, 1983, by the
person
who sold the article (in respect of which the credit or
refund
is claimed) to the ultimate purchaser, and
(3) Other laws applicable.-All provisions of law, including
penalties, applicable with respect to the taxes imposed by section
4061(a) shall, insofar as applicable and not inconsistent with
paragraph (1) or (2) of this subsection, apply in respect of the
credits and refunds provided for in paragraph (1) to the same
extent as if the credits or refunds constituted overpayments of
the tax.
(c) Certain Uses by Manufacturer, Etc.-In the case of any article
which was subject to the tax imposed by section 4061(a) (as in effect on
the day before the date of the enactment of this Act), any tax paid by
reason of section 4218(a) (relating to use by manufacturer or importer
considered sale) with respect to a tax-repealed article shall be deemed
to be an overpayment of such tax if tax was imposed on such article
after December 2, 1982, by reason of section 4218(a).
(d) Transfer of Floor Stocks Refunds From Highway Trust Fund.-The
Secretary of the Treasury shall pay from time to time from the Highway
Trust Fund into the general fund of the Treasury amounts equivalent to
the floor stocks refunds made under this section.
SEC. 523. // 26 USC 4061. // DEFINITIONS AND SPECIAL RULE.
(a) In General.-For purposes of this subtitle--,
(1) The term "dealer" includes a wholesaler, jobber,
distributor, or retailer.
(2) An article shall be considered as "held by a dealer" if
title thereto has passed to such dealer (whether or not delivery
to him has been made) and if for purposes of consumption title to
such article or possession thereof has not at any time been
transferred to any person other than a dealer.
(3) The term "tax-repealed article" means any article on which
a tax was imposed by section 4061(a), 4061(b), or section 4091 as
in effect on the day before the date of the enactment of this Act,
and which will not be subject to tax under section 4061(a),
4061(b), or 4091 as in effect on the day after the date of the
enactment of this Act.
(4) Except as otherwise expressly provided herein, any
reference in this subtitle to a section or other provision shall
be treated as a reference to a section or other provision of the
Internal Revenue Code of 1954.
// 26 USC 1. //
(b) 1984 Extension of Floor Stocks Refund to Tires.--,
(1) In general.-In the case of an article on which a tax was
imposed by section 4071(a) as in effect on December 31, 1983, and
which will not be subject to tax under such section as in effect
on January 1, 1984, such article shall be treated as a tax--,
repealed article for purposes of subsection (a) of section 522.
(2) Allowance of refund.-In the case of a tax-repealed article
to which paragraph (1) applies, subsection (a) of section 522
shall be applied--,
date
of the enactment of this Act, and
Account
SEC. 531. 4-YEAR EXTENSION OF HIGHWAY TRUST FUND; CODIFICATION OF
TRUST FUND IN INTERNAL REVENUE CODE OF 1954; ESTABLISHMENT OF MASS
TRANSIT ACCOUNT.
(a) General Rule.-Subchapter A of chapter 98 of the Internal Revenue
Code of 1954 (relating to Trust Fund Code) is amended by adding at the
end thereof the following new section:
" SEC. 9503. // 26 USC 9503. // HIGHWAY TRUST FUND.
"(a) Creation of Trust Fund.-There is established in the Treasury of
the United States a trust fund to be known as the ' Highway Trust Fund',
consisting of such amounts as may be appropriated or credited to the
Highway Trust Fund as provided in this section or section 9602(b).
"(b) Transfer to Highway Trust Fund of Amounts Equivalent to Certain
Taxes.--,
"(1) In general.-There are hereby appropriated to the Highway
Trust Fund amounts equivalent to the taxes received in the
Treasury before October 1, 1988, under the following provisions--,
and
"(2) Liabilities incurred before october 1, 1988.-There are
hereby appropriated to the Highway Trust Fund amounts equivalent
to the taxes which are received in the Treasury after September
30, 1988, and before July 1, 1989, and which are attributable to
liability for tax incurred before October 1, 1988, under the
provisions described in paragraph (1).
"(3) Adjustments for aviation uses.-The amounts described in
paragraphs (1) and (2) with respect to any period shall (before
the application of this subsection) be reduced by appropriate
amounts to reflect any amounts transferred to the Airport and
Airway Trust Fund under section 9502(b) with respect to such
period.
"(c) Expenditures From Highway Trust Fund.--,
"(1) Federal-aid highway program.-Except as provided in
subsection (e), amounts in the Highway Trust Fund shall be
available, as provided by appropriation Acts, for making
expenditures before October 1, 1988, to meet those obligations of
the United States heretofore or hereafter incurred which are--,
// 23 USC 120. //
Fund
under title I or II of the Surface Transportation
Assistance
Act of 1982, or
authorize
the expenditure out of the Highway Trust Fund of any
amount for a general purpose not covered by subparagraph
(A) or (B) as in effect on December 31, 1982.
"(2) Transfers from highway trust fund for certain repayments
and credits.--,
fund of
the Treasury amounts equivalent to--,
fuels,
and lubricating oil used before October 1, 1988.
estimates by
the Secretary, and proper adjustments shall be made in
amounts subsequently transferred to the extent prior
estimates
were in excess or less than the amounts required to
be transferred.
the
Secretary as attributable to use of gasoline and
special fuels
in motorboats or in aircraft.
"(3) 1988 floor stocks refunds.-The Secretary shall pay from
time to time from the Highway Trust Fund into the general fund of
the Treasury amounts equivalent to the floor stocks refunds made
before July 1, 1989, under section 6412(a).
"(4) Transfers from the trust fund for motorboat fuel taxes.--,
// 46 USC 1479a. //
amounts (as determined
by him) equivalent to the motorboat fuel taxes
received on or after October 1, 1980, and before
October
1, 1988.
Trust
Fund under subparagraph (A) shall be transferred by
the
Secretary from the Highway Trust Fund into the land
and
water conservation fund provided for in title I of the
Land
and Water Conservation Fund Act of 1965.
// 16 USC 460l-4. //
paragraph,
the term 'motorboat fuel taxes' means the taxes
under section 4041(a)(2) with respect to special motor
fuels
used as fuel in motorboats and under section 4081 with
respect to gasoline used as fuel in motorboats.
"(d) Adjustments of Apportionments.--,
"(1) Estimates of unfunded highway authorizations and net
highway receipts.-The Secretary of the Treasury, not less
frequently than once in each calendar quarter, after consultation
with the Secretary of Transportation, shall estimate--,
"(2) Procedure where there is excess unfunded highway
authorizations.-If the Secretary of the Treasury determines for
any fiscal year that the amount described in paragraph (1)(A)
exceeds the amount described in paragraph (1)(B)--,
Transportation
as to the amount of such excess.
"(3) Adjustment of apportionments where unfunded authorizations
exceed 2 years' receipts.--,
is an
excess referred to in paragraph (2)(B), the Secretary
of
Transportation shall determine the percentage which--,
to
the States.
If, but for this sentence, the most recent estimate
would be
one which was made on a date which will be more than 3
months before the date of the apportionment, the
Secretary
of the Treasury shall make a new estimate under
paragraph
(1) for the appropriate fiscal year.
subparagraph
(A) for purposes of any apportionment, notwithstanding
any other provision of law, the Secretary of
Transportation shall apportion to the States (in lieu
of the
amount which, but for the provisions of this subsection,
would be so apportioned) the amount obtained by reducing
the amount authorized to be so apportioned by such
percentage.
"(4) Apportionment of amounts previously withheld from
apportionment.-If, after funds have been withheld from
apportionment under paragraph (3)(B), the Secretary of the
Treasury determines that the amount described in paragraph (1)(A)
does not exceed the amount described in paragraph (1)(B) or that
the excess described in paragraph (1)(B) is less than the amount
previously determined, he shall so advise the Secretary of
Transportation. The Secretary of Transportation shall apportion
to the States such portion of the funds so withheld from
apportionment as the Secretary of the Treasury has advised him may
be so apportioned without causing the amount described in
paragraph (1)(A) to exceed the amount described in paragraph (1)(
B). Any funds apportioned pursuant to the preceding sentence
shall remain available for the period for which they would be
available if such apportionment took effect with the fiscal year
in which they are apportioned pursuant to the preceding sentence.
"(5) Definitions.-For purposes of this subsection--,
the
excess (if any) of--,
of--,
"(6) Reports.-Any estimate under paragraph (1) and any
determination under paragraph (2) shall be reported by the
Secretary of the Treasury to the Committee on Ways and Means of
the House of Representatives, the Committee on Finance of the
Senate, the Committees on the Budget of both Houses, the Committee
on Public Works and Transportation of the House of
Representatives, and the Committee on Environment and Public Works
of the Senate.
(e) Establishment of Mass Transit Account.--,
"(1) Creation of account.-There is established in the Highway
Trust Fund a separate account to be known as the ' Mass Transit
Account' consisting of such amounts as may be transferred or
credited to the Mass Transit Account as provided in this
subsection or section 9602(b).
"(2) Transfers to mass transit account.-The Secretary of the
Treasury shall transfer to the Mass Transit Account one--, ninth
of the amounts appropriated to the Highway Trust Fund under
subsection (b) which are attributable to taxes under sections 4041
and 4081 imposed after March 31, 1983.
"(3) Expenditures from account.-Amounts in the Mass Transit
Account shall be available, as provided by appropriation Acts, for
making capital expenditures before October 1, 1988 (including
capital expenditures for new projects) in accordance with section
21(a)(2) of the Urban Mass Transporation Act of 1964.
// 49 USC 1617. //
"(4) Limitation.-Rules similar to the rules of subsection (d)
shall apply to the Mass Transit Account except that subsection
(d)(1) shall be applied by substituting '12-month' for
'24-month'."
(b) Repeal of Section 209 of the Highway Revenue Act of 1956.-
Section 209 of the Highway Revenue Act of 1956 // 26 USC 120. // (other
than subsection (b) thereof) is hereby repealed.
(c) Conforming Amendments to Land and Water Conservation Fund.-
Subsection (b) of section 201 of the Land and Water Conservation Fund
Act of 1965 (16 U.S.C. 4601 - 11) // 16 USC 460l-11. // is amended--,
(1) by striking out "1985" each place it appears and inserting
in lieu thereof "1989"; and
(2) by striking out "1984" and inserting in lieu thereof
"1988".
(d) Clerical Amendment.-The table of sections for subchapter A of
chapter 98 of such Code is amended by adding at the end thereof the
following new item:
" Sec. 9503. Highway Trust Fund."
(e) Effective Date; Saving Provision.--,
(1) In general.-The amendments made by this section
// 26 USC 9503. //
shall take effect on January 1, 1983.
(2) New highway trust fund treated as continuation of old.-The
Highway Trust Fund established by the amendments made by this
section shall be treated for all purposes of law as the
continuation of the Highway Trust Fund established by section 209
of the Highway Revenue Act of 1956.
// 23 USC 120. //
Any reference in any law to the Highway Trust Fund established by
such section 209 shall be deemed to include (wherever appropriate)
a reference to the Highway Trust Fund established by the
amendments made by this section.
SEC. 541. // 26 USC 168. // TAX TREATMENT OF PUBLIC UTILITY
PROPERTY.
(a) Normalization Method for Purposes of Depreciation.--,
(1) In general.-Paragraph (3) of section 168(e) (relating to
special rule for certain public utility property) is amended by
redesignating subparagraph (C) as subparagraph (D) and by
inserting after subparagraph (B) the following new subparagraph:
shall
include any procedure or adjustment for ratemaking
purposes which uses an estimate or projection of the
taxpayer's tax expense, depreciation expense, or
reserve for deferred taxes under subparagraph (B)(ii)
unless such estimate or projection is also used, for
ratemaking purposes, with respect to the other 2 such
items and with respect to the rate base.
are to
(2) Amendment to section 167 (l).
// 26 USC 167. //
-Subparagraph (G) of section 167(l)(3) (defining normalization
method of accounting) is amended by adding at the end thereof the
following new sentence: " For purposes of this subparagraph,
rules similar to the rules of section 168(e)(3)(C) shall apply."
(b) Computations for Purposes of Investment Credit.-Subsection (f) of
section 46 // 26 USC 46. // (relating to limitation in case of certain
regulated companies) is amended by adding at the end thereof the
following new paragraph:
"(10) Use of inconsistent estimates and projections, etc., for
purposes of paragraphs (1) and (2).--,
as
inconsistent for purposes of subparagraph (A) shall
include
any procedure or adjustment for ratemaking purposes
which uses an estimate or projection of the taxpayer's
qualified investment for purposes of the credit
allowable by
section 38 unless such estimate or projection is
consistent
with the estimates and projections of property which are
used, for ratemaking purposes, with respect to the
taxpayer's
depreciation expense and rate base.
regulations
prescribe procedures and adjustments (in addition
to those specified in subparagraph (B)) which are to be
treated as inconsistent for purposes of subparagraph
(A)."
(c) Effective Dates.--, // 26 USC 46. //
(1) General rule.-The amendments made by subsections (a) and
(b) shall apply to taxable years beginning after December 31,
1979.
(2) Special rule for periods beginning before March 1, 1980.--,
167(l)
and 46(f) of the Internal Revenue Code of 1954
// 26 USC 167, 46. //
and of any
regulations prescribed by the Secretary of the
Treasury (or
his delegate) under such sections, the use for
ratemaking
purposes or for reflecting operating results in the
taxpayer's
regulated books of account, for any period before March
1, 1980, of--,
requirements
of subparagraph (G) of such section 167(l)(3) nor
inconsistent
with the requirements of paragraph (1) or (2) of such
section 46(f), where such estimates or projections, or
such
rate of return adjustments, were included in a qualified
order.
subsection,
the term "qualified order" means an order--,
(3) Limitations on application of paragraph (2).--,
of
1954)
// 26 USC 7121. //
which provides for the payment by the taxpayer of
the amount of which paragraph (2) does not apply by
reason
of subparagraph (A).
(4) Special rules relating to payment of refunds or interest by
the united states or the taxpayer.--,
the
taxpayer under a qualified order but shall not include
interest payable with respect to any refund (or credit)
under
such order.
Revenue
Code of 1954
// 26 USC 6611. //
on any overpayment of tax which is attributable
to the application of paragraph (2).
last
date on which a taxpayer may enter into a closing
agreement under paragraph (3)(B), and the second
payment
being due 1 year after the last date for the first
payment.
(5) No inference.-The application of subparagraph (G) of
section 167(l)(3) of the Internal Revenue Code of 1954, and the
application of paragraphs (1) and (2) of section 46(f) of such
Code, to taxable years beginning before January 1, 1980, shall be
determined without any inference drawn from the amendments made by
subsections (a) and (b) of this section or from the rules
contained in paragraphs (2), (3), and (4). Nothing in the
preceding sentence shall be construed to limit the relief provided
by paragraphs (2), (3), and (4).
SEC. 542. // 26 USC 6012. // NO RETURN REQUIRED OF INDIVIDUAL WHOSE
ONLY GROSS INCOME IS GRANT OF $1,000 FROM STATE.
(a) In General.-Nothing in section 6012(a) of the Internal Revenue
Code of 1954 shall be construed to require the filing of a return with
respect to income taxes under subtitle A of such code by an individual
whose only gross income for the taxable year is a grant of $1,000
received from a State which made such grants generally to residents of
such State.
(b) Effective Date.-Subsection (a) shall apply to taxable years
beginning after December 31, 1981.
SEC. 543. DEDUCTION FOR CONVENTIONS ON CRUISE SHIPS.
(a) In General.-Subsection (h) of section 274 // 26 USC 274. //
(relating to disallowance of certain entertainment, etc., expenses) is
amended--,
(1) by striking out the period at the end of paragraph (2) and
inserting in lieu thereof a comma and the following: "unless the
taxpayer meets the requirements of paragraph (5) and establishes
that the meeting is directly related to the active conduct of his
trade or business or to an activity described in section 212 and
that--,
the
United States or in possessions of the United
States.
With respect to cruises beginning in any calendar year, not more than
$2,000 of the expenses attributable to an individual attending one or
more meetings may be taken into account under section 162 or 212 by
reason of the preceding sentence.", and
(2) by adding at the end thereof the following new paragraph:
"(5) Reporting Requirements.-No deduction shall be allowed under
section 162 or 212 for expenses allocable to attendance at a convention,
seminar, or similar meeting on any cruise ship unless the taxpayer
claiming the deduction attaches to the return of tax on which the
deduction is claimed--,
"(A) a written statement signed by the individual attending the
meeting which includes--,
trip,
excluding the days of transportation to and from the
cruise
ship port, and the number of hours of each day of the
trip
which such individual devoted to scheduled business
activities,