PUBLIC LAW 97-247, 96 STAT. 317
Office in the Department
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 there is authorized
to be appropriated for the payment of salaries and necessary expenses of
the Patent and Trademark Office to become available for fiscal year
1983, $76,000,000, and in fiscal years 1984 and 1985 such sums as may be
necessary as well as such additional or supplemental amounts as may be
necessary, for increases in salary, pay, retirement, or other employee
benefits authorized by law. Funds available under this section shall be
used to reduce by 50 per centum the payment of fees under section 41 (a)
and (b) of title 35, United States Code, by independent inventors and
nonprofit organizations as defined in regulations established by the
Commissioner of Patents and Trademarks, and by small business concerns
as defined in section 3 of the Small Business Act // 15 USC 632. // and
by regulations established by the Small Business Administration. When
so specified and to the extent provided in an appropriation Act, any
amount appropriated pursuant to this section and, in addition, such fees
as shall be collected pursuant to title 35, United States Code, and the
Trademark Act of 1946, as amended (15 U.S.C. 1051 et seq.), may remain
available without fiscal year limitation.
Sec. 2. Notwithstanding any other provision of law, there is
authorized to be appropriated for the payment of salaries and expenses
of the Patent and Trademark Office, $121,461,000 for the fiscal year
ending September 30, 1982, and such additional or supplemental amounts
as may be necessary for increases in salary, pay, retirement, or other
employee benefits authorized by law.
Sec. 3. (a) Section 41(a) of title 35, United States Code, is
amended to read as follows:
"(a) The Commissioner shall charge the following fees:
"1. On filing each application for an original patent, except in
design or plant cases, $300; in addition, on filing or on presentation
at any other time, $30 for each claim in independent form which is in
excess of three, $10 for each claim (whether independent or dependent)
which is in excess of twenty, and $100 for each application containing a
multiple dependent claim. For the purpose of computing fees, a multiple
dependent claim as referred to in section 112 of this title // 35 USC
112. // or any claim depending therefrom shall be considered as
separate dependent claims in accordance with the number of claims to
which reference is made. Errors in payment of the additional fees may
be rectified in accordance with regulations of the Commissioner.
"2. For issuing each original or reissue patent, except in design or
plant cases, $500.
"3. In design and plant cases:
"a. On filing each design application, $125.
"b. On filing each plant application, $200.
"c. On issuing each design patent, $175.
"d. On issuing each plant patent, $250.
"4. On filing each application for the reissue of a patent, $300;
in addition, on filing or on presentation at any other time, $30 for
each claim in independent form which is in excess of the number of
independent claims of the original patent, and $10 for each claim
(whether independent or dependent) which is in excess of twenty and also
in excess of the number of claims of the original patent. Errors in
payment of the additional fees may be rectified in accordance with
regulations of the Commissioner.
"5. On filing each disclaimer, $50.
"6. On filing an appeal from the examiner to the Board of Appeals,
$115; in addition, on filing a brief in support of the appeal, $115,
and on requesting an oral hearing before the Board of Appeals, $100.
"7. On filing each petition for the revival of an unintentionally
abandoned application for a patent or for the unintentionally delayed
payment of the fee for issuing each patent, $500, unless the petition is
filed under sections 133 or 151 of this title, // 35 USC 133, 151 // in
which case the fee shall be $50.
"8. For petitions for one-month extensions of time to take actions
required by the Commissioner in an application:
"a. On filing a first petition, $50.
"b. On filing a second petition, $100.
"c. On filing a third or subsequent petition, $200.".
(b) Section 41(b) of title 35, United States Code, is amended to read
as follows:
"(b) The Commissioner shall charge the following fees for maintaining
a patent in force:
"1. Three years and six months after grant, $400.
"2. Seven years and six months after grant, $800.
"3. Eleven years and six months after grant, $1,200.
Unless payment of the applicable maintenance fee is received in the
Patent and Trademark Office on or before the date the fee is due or
within a grace period of six months thereafter, the patent will expire
as of the end of such grace period. The Commissioner may require the
payment of a surcharge as a condition of accepting within such six-month
grace period the late payment of an applicable maintenance fee. No fee
will be established for maintaining a design or plant patent in force.".
(c) Section 41(c) of title 35, United States Code, is amended to read
as follows:
"(c)(1) The Commissioner may accept the payment of any maintenance
fee required by subsection (b) of this section after the six--, month
grace period if the delay is shown to the satisfaction of the
Commissioner to have been unavoidable. The Commissioner may require the
payment of a surcharge as a condition of accepting payment of any
maintenance fee after the six-month grace period. If the Commissioner
accepts payment of a maintenance fee after the six-month grace period,
the patent shall be considered as not having expired at the end of the
grace period.
"(2) No patent, the term of which has been maintained as a result of
the acceptance of a payment of a maintenance fee under this subsection,
shall abridge or affect the right of any person or his successors in
business who made, purchased or used after the six--, month grace period
but prior to the acceptance of a maintenance fee under this subsection
anything protected by the patent, to continue the use of, or to sell to
others to be used or sold, the specific thing so made, purchased, or
used. The court before which such matter is in question may provide for
the continued manufacture, use or sale of the thing made, purchased, or
used as specified, or for the manufacture, use or sale of which
substantial preparation was made after the six-month grace period but
before the acceptance of a maintenance fee under this subsection, and it
may also provide for the continued practice of any process, practiced,
or for the practice of which substantial preparation was made, after the
six-month grace period but prior to the acceptance of a maintenance fee
under this subsection, to the extent and under such terms as the court
deems equitable for the protection of investments made or business
commenced after the six-month grace period but before the acceptance of
a maintenance fee under the subsection.".
(d) Section 41(d) of title 35, United States Code, is amended to read
as follows:
"(d) The Commissioner will establish fees for all other processing,
services, or materials related to patents not specified above to recover
the estimated average cost to the Office of such processing, services,
or materials. The yearly fee for providing a library specified in
section 13 of this title // 35 USC 13. // with uncertified printed
copies of the specifications and drawings for all patents issued in that
year will be $50.".
(e) Section 41(f) of title 35, United States Code, is amended to read
as follows:
"(f) The fees established in subsections (a) and (b) of this section
may be adjusted by the Commissioner on October 1, 1985, and every third
year thereafter, to reflect any fluctuations occurring during the
previous three years in the Consumer Price Index, as determined by the
Secretary of Labor. Changes of less than 1 per centum may be ignored.".
(f) Subsection (a) of section 31 of the Trademark Act of 1946, as
amended (15 U.S.C. 1113), is amended by deleting " Fees will be set and
adjusted by the Commissioner to recover in aggregate 50 per centum of
the estimated average cost to the Office of such processing. Fees for
all other services or materials related to trademarks and other marks
will recover the estimated average cost to the Office of performing the
service or furnishing the material.".
(g) Section 42(c) of title 35, United States Code, is amended by
adding the following sentence at the end thereof: " Fees available to
the Commissioner under section 31 of the Trademark Act of 1946, as
amended (15 U.S.C. 1113), shall be used exclusively for the processing
of trademark registrations and for other services and materials related
to trademarks.".
Sec. 4. Section 3(a) of title 35, United States Code is amended (1)
by deleting the phrase "not more than fifteen"; and (2) by inserting
the phrase "appointed under section 7 of this title" immediately after
the phrase "examiners-in-chief".
Sec. 5. Section 111 of title 35, United States Code, is amended to
read as follows:
" Sec. 111. Application for patent shall be made, or authorized to
be made, by the inventor, except as otherwise provide in this title, in
writing to the Commissioner. Such application shall include (1) a
specification as prescribed by section 112 of this title; // 35 USC
112. // (2) a drawing as prescribed by section 113 of this title; //
35 USC 113 // and (3) an oath by the applicant as prescribed by section
115 of this title. // 35 USC 115. // The application must be
accompanied by the fee required by law. The fee and oath may be
submitted after the specification and any required drawing are
submitted, within such period and under such conditions, including the
payment of a surcharge, as may be prescribed by the Commissioner. Upon
failure to submit the fee and oath within such prescribed period, the
application shall be regarded as abandoned, unless it is shown to the
satisfaction of the Commissioner that the delay in submitting the fee
and oath was unavoidable. The filing date of an application shall be
the date on which the specification and any required drawing are
received in the Patent and Trade--, mark Office.".
Sec. 6. (a) Section 116 of title 35, United States Code, is amended
(1) by deleting the phrase " Joint inventors" from the title and
inserting in its place " Inventors"; and (2) in the third paragraph, by
deleting the phrase "a person is joined in an application for patent as
joint inventor through error, or a joint inventor is not included in an
application through error" and inserting in its place the phrase
"through error a person is named in an application for patent as the
inventor, or through error an inventor is not named in an application".
(b) Section 256 of title 35, United States Code, is amended to read
as follows:
" Section 256. Correction of named inventor
" Whenever through error a person is named in an issued patent as the
inventor, or through error an inventor is not named in an issued patent
and such error arose without any deceptive intention on his part, the
Commissioner may, on application of all the parties and assignees, with
proof of the facts and such other requirements as may be imposed, issue
a certificate correcting such error.
" The error of omitting inventors or naming persons who are not
inventors shall not invalidate the patent in which such error occurred
if it can be corrected as provided in this section. The court before
which such matter is called in question may order correction of the
patent on notice and hearing of all parties concerned and the
Commissioner shall issue a certificate accordingly.".
Sec. 7. Section 6 of title 35, United States Code, is amended by
deleting paragraph (d) thereof.
Sec. 8. (a) Section 8(a) of the Trademark Act of 1946, as amended
(15 U.S.C. 1058(a)), is amended (1) by deleting the word "still"; and
(2) by inserting the phrase "in commerce" immediately after the word
"use".
(b) Section 8(b) of the Trademark Act of 1946, as amended (15 U.S.C.
1058(b)), is amended (1) by deleting the word "still"; and (2) by
inserting the phrase "in commerce" immediately after the word "use".
Sec. 9. (a) Section 13 of the Trademark Act of 1946, as amended (15
U.S.C. 1063), is amended (1) deleting the phrase "a verified" and
inserting in its place the word "an"; (2) by adding the phrase "when
requested prior to the expiration of an extension" immediately after the
word "cause"; and (3) by deleting the fourth sentence.
(b) Section 14 of the Trademark Act of 1946, as amended (15 U.S.C.
1064), is amended by deleting the word "verified".
Sec. 10. Section 15 of the Trademark Act of 1946, as amended (15 U.
S.C. 1065), is amended by deleting the phrase "the publication" and
inserting in its place the word "registration".
Sec. 11. The first sentence of section 16 of the Trademark Act of
1946, as amended (15 U.S.C. 1066), is amended to read as follows: "
Upon petition showing extraordinary circumstances, the Commissioner may
declare that an interference exists when application is made for the
registration of a mark which so resembles a mark previously registered
by another, or for the registration of which another has previously made
application, as to be likely when applied to the goods or when used in
connection with the services of the applicant to cause confusion or
mistake or to deceive.".
Sec. 12. Section 21 of title 35, United States Code, is amended--,
(1) by deleting the phrase " Day for taking action falling on
Saturday, Sunday, or holiday" from the title and inserting in its
place the phrase " Filing date and day for taking action";
(2) by inserting the following as subsection (a):
"(a) The Commissioner may by rule prescribe that any paper or fee
required to be filed in the Patent and Trademark Office will be
considered filed in the Office on the date on which it was deposited
with the United States Postal Service or would have been deposited with
the United States Postal Service but for postal service interruptions or
emergencies designated by the Commissioner.";
(3) by designating the existing paragraph as subsection (b);
and
(4) by inserting the word "federal" in subsection (b), as
designated above, immediately after the word "a".
Sec. 13. Section 6(a) of title 35, United States Code, is amended
(1) by deleting the word "and", third occurrence, and inserting in its
place a comma; (2) by inserting the phrase ", or exchanges of items or
services" immediately after the word "programs"; and (3) by inserting
the phrase "or the administration of the Patent and Trademark Office"
immediately after the word "law", second occurrence.
Sec. 14. (a) Section 115 of title 35, United States Code, is amended
by (1) deleting the phrase "shall be" and inserting in its place the
word "is"; and (2) inserting the following immediately after the phrase
" United States", third occurrence: ", or apostille of an official
designated by a foreign country which, by treaty or convention, accords
like effect to apostilles of designated officials in the United States".
(b) Section 261 of title 35, United States Code, is amended, in the
third paragraph, by inserting the following immediately after the phrase
" United States", third occurrence: ", or apostille of an official
designated by a foreign country which, by treaty or convention, accords
like effect to apostilles of designated officials in the United States".
(c) Section 11 of the Trademark Act of 1946, as amended (15 U.S.C.
1061), is amended by (1) deleting the phrase "shall be", first
occurrence, and inserting in its place the word "is"; and (2) inserting
the following immediately after the phrase " United States", third
occurrence: ", or apostille of an official designated by a foreign
country which, by treaty or convention, accords like effect to
apostilles of designated officials in the United States".
Sec. 15. Section 13 of title 35, United States Code, is amended by
deleting "(a) 9" and inserting in its place "(d)".
Sec. 16. Section 173 of title 35, United States Code, is amended to
read as follows: " Patents for designs shall be granted for the term of
fourteen years."
Sec. 17. (a) Sections 1, 2, 4, 7, and 13 through 15 of this Act //
35 USC 41 // shall take effect on the date of enactment of this Act.
Sections 3 and 16 of this Act shall take effect on October 1, 1982. The
maintenance fees provided for in section 3(b) of this Act shall not
apply to patents applied for prior to the date of enactment of this Act.
Each patent applied for on or after the date of enactment of this Act
shall be subject to the maintenance fees established pursuant to section
3(b) of this Act or to maintenance fees hereafter established by law, as
to the amounts paid and the number and timing of the payments.
(b)(1) Title 35, United States Code, is amended by inserting after
section 293 the following new section of chapter 29:
" Section 294. // 35 USC 294. // Voluntary arbitration
"(a) A contract involving a patent or any right under a patent may
contain a provision requiring arbitration of any dispute relating to
patent validity or infringement arising under the contract. In the
absence of such a provision, the parties to an existing patent validity
or infringement dispute may agree in writing to settle such dispute by
arbitration. Any such provision or agreement shall be valid,
irrevocable, and enforceable, except for any grounds that exist at law
or in equity for revocation of a contract.
"(b) Arbitration of such disputes, awards by arbitrators and
confirmation of awards shall be governed by title 9, United States Code,
// 9 USC 1 // to the extent such title is not inconsistent with this
section. In any such arbitration proceeding, the defenses provided for
under section 282 of this title // 35 USC 282. // shall be considered
by the arbitrator if raised by any party to the proceeding.
"(c) An award by an arbitrator shall be final and binding between the
parties to the arbitration but shall have no force or effect on any
other person. The parties to an arbitration may agree that in the event
a patent which is the subject matter of an award is subsequently
determined to be invalid or unenforceable in a judgment rendered by a
court to competent jurisdiction from which no appeal can or has been
taken, such award may be modified by any court of competent jurisdiction
upon application by any party to the arbitration. Any such modification
shall govern the rights and obligations between such parties from the
date of such modification.
"(d) When an award is made by an arbitrator, the patentee, his
assignee or licensee shall give notice thereof in writing to the
Commissioner. There shall be a separate notice prepared for each patent
involved in such proceeding. Such notice shall set forth the names and
addresses of the parties, the name of the inventor, and the name of the
patent owner, shall designate the number of the patent, and shall
contain a copy of the award. If an award is modified by a court, the
party requesting such modification shall give notice of such
modification to the Commissioner. The Commissioner shall, upon receipt
of either notice, enter the same in the record of the prosecution of
such patent. If the required notice is not filed with the Commissioner,
any party to the proceeding may provide such notice to the Commissioner.
"(e) The award shall be unenforceable until the notice required by
subsection (d) is received by the Commissioner.".
(2) The analysis for chapter 29 of title 35 of the United States Code
is amended by adding at the end the following:
"294. Voluntary arbitration.".
(c) Sections 5, 6, 8 through 12, and 17(b) of this Act // 35 USC 294
// shall take effect six months after enactment.
Approved August 27, 1982.
LEGISLATIVE HISTORY-H.R. 6260:
HOUSE REPORT No. 97 - 542 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 128 (1982):
June 8, considered and passed House.
Aug. 12, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 18, No. 36 (1982):
Aug. 28, Presidential statement.
PUBLIC LAW 97-246, 96 STAT. 315
Waring, the widow of Joe Louis,
and Louis L' Amour.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) the President
of the United States is authorized to present, on behalf of Congress, a
gold medal of appropriate design to Fred Waring in recognition of his
contribution to enriching American life. For such purpose, the
Secretary of the Treasury is authorized and directed to cause to be
struck a gold medal with suitable emblems, devices, and inscriptions to
be determined by the Secretary of the Treasury. There is authorized to
be appropriated not to exceed $20,000 after October 1, 1981, to carry
out the provisions of this subsection.
(b) The Secretary of the Treasury may cause duplicates in bronze of
such medal to be coined and sold under such regulations as he may
prescribe, at a price sufficient to cover the cost thereof, including
labor, materials, dies, use of machinery, overhead expenses, and the
gold medal. The appropriation made to carry out the provisions of
subsection (a) shall be reimbursed out of the proceeds of such sales.
(c) The medals provided for in this section are national medals for
the purpose of section 3551 of the Revised Statutes (31 U.S.C. 368).
Sec. 2. (a) The President of the United States is authorized to
present, on behalf of the Congress, a gold medal of appropriate design
to Mrs. Joe Louis in recognition of her late husband's accomplishments
which did so much to bolster the spirit of the American people during
one of the most crucial times in American history and which have endured
throughout the years as a symbol of strength for the Nation. For such
purpose, the Secretary of the Treasury is authorized and directed to
cause to be struck a gold medal with suitable emblems, devices, and
inscriptions to be determined by the Secretary of the Treasury. There
is authorized to be appropriated not to exceed $20,000 after October 1,
1981, to carry out the provisions of this subsection.
(b) The Secretary of the Treasury may cause duplicates in bronze of
such medal to be coined and sold under such regulations as he may
prescribe, at a price sufficient to cover the cost thereof, including
labor, materials, dies, use of machinery, overhead expenses, and the
gold medal. The appropriation made to carry out the provisions of
subsection (a) shall be reimbursed out of the proceeds of such sales.
(c) The medals provided for in this section are national medals for
the purpose of section 3551 of the Revised Statutes (31 U.S.C. 368).
Sec. 3. (a) The President of the United States is authorized to
present, on behalf of the Congress, a gold medal of appropriate design
to Louis L' Amour in recognition of his distinguished career as an
author and his contributions to the Nation through his historically
based works. For such purpose, the Secretary of the Treasury is
authorized and directed to cause to be struck a gold medal with suitable
emblems, devices, and inscriptions to be determined by the Secretary of
the Treasury. There is authorized to be appropriated not to exceed
$20,000 after October 1, 1981, to carry out the provisions of this
subsection.
(b) The Secretary of the Treasury may cause duplicates in bronze of
such medal to be coined and sold under such regulations as he may
prescribe, at a price sufficient to cover the cost thereof, including
labor, materials, dies, use of machinery, overhead expenses, and the
gold medal. The appropriation made to carry out the provisions of
subsection (a) shall be reimbursed out of the proceeds of such sales.
(c) The medals provided for in this section are national medals for
the purpose of section 3551 of the Revised Statutes (31 U.S.C. 368).
Approved August 26, 1982.
LEGISLATIVE HISTORY-H.R. 4647 (H.J. Res. 223):
CONGRESSIONAL RECORD:
Vol. 127 (1981): June 27, H.J. Res. 223 considered and passed
House. Sept. 14, H.J. Res. 223, considered and passed Senate,
amended.
Vol. 128 (1982): Aug. 2, considered and passed House. Aug.
12, considered and passed Senate.
PUBLIC LAW 97-245, 96 STAT. 313
Congressional Cemetery in the District of
Columbia for the inspiration and benefit of the people
of the United States.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Congress finds
and declares that--,
(1)
// 2 USC 51 //
sections of the Congressional Cemetery in the District of Columbia
are of national historic significance, including those areas in
which John Philip Sousa, Matthew Brady, J. Edgar Hoover, several
former Members of the United States Senate and House of
Representatives, and many other persons of historical importance
and interest are buried; and
(2) the physical condition of these areas and related portions
of the cemetery has deteriorated to the extent that restoration is
necessary to protect and preserve the historical values of these
areas.
Sec. 2. // 2 USC 51 // In order to assist in the restoration and
preservation of the historic values of the Congressional Cemetery, the
Architect of the Capitol is authorized and directed to make grants to
the Association for the Preservation of Historic Congressional Cemetery,
Washington District of Columbia, to be used for a program of restoration
and preservation (but not routine maintenance) of the cemetery to be
carried out under terms and conditions to be prescribed by the Architect
of the Capitol. The Association shall maintain adequate records and
accounts of all financial transactions and operations carried out under
such program, and such records shall be available at all times for audit
and investigation by the Architect or the Comptroller General of the
United States. Nothing in this Act shall be construed to vest title to
the Congressional Cemetery in the United States.
Sec. 3. There is authorized to be appropriated $300,000 for grants
to be made under section 2 of this Act, // 2 USC 51 // such sums to
remain available until expended.
Sec. 4. No authority under this Act // 2 USC 51 // to make payments
shall be effective except to the extent and in such amounts as provided
in advance in appropriations Acts.
Approved August 26, 1982.
LEGISLATIVE HISTORY- H.R. 6033:
HOUSE REPORT No. 97 - 667 (Comm. on Interior and Insular Affairs).
CONGRESSIONAL RECORD, Vol. 128 (1982):
Aug. 2, considered and passed House.
Aug. 13, considered and passed Senate.
PUBLIC LAW 97-244, 96 STAT. 311, POTATO RESEARCH AND PROMOTION ACT AMENDMENTS OF 1982
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act // 7 USC 2611 // may be cited as the " Potato Research and Promotion Act Amendments of 1982".
Sec. 2. Section 308 of the Potato Research and Promotion Act (7 U. S.C. 2617) is amended by--,
(1) amending subsection (b) to read as follows:
"(b) Providing that the board shall be composed of representatives of producers and the public appointed by the Secretary from nominations submitted in accordance with this subsection. Representatives of producers shall be nominated by producers in such manner as may be prescribed by the Secretary. Public representatives shall be nominated by the board in such manner as may be prescribed by the Secretary. If producers fail to select nominees for appointment to the board, or the board fails to nominate public representatives, the Secretary may appoint persons on the basis of representation as provided for in such plan.";
(2) amending subsection (e) to read as follows:
"(e) Providing that the board shall recommend to the Secretary and the Secretary shall fix the assessment rate required for such costs as may be incurred under subsection (d) of this section, including any referendum and administrative costs estimated to be incurred by the United States Department of Agriculture under this title: Provided, That the rate of assessment for fiscal year 1982 and each fiscal year thereafter shall not exceed one-half of 1 per centum of the immediate past ten calendar year United States average price received for potatoes by growers as reported by the Department of Agriculture."; and
(3) inserting before the semicolon in subsection (f)(1) the following: ", including any referendum and administrative costs incurred by the Department of Agriculture under this title".
Sec. 3. Section 312 of the Potato Research and Promotion Act (7 U. S.C. 2621) is amended to read as follows:
" Sec. 312. (a) The several district courts of the United States are vested with jurisdiction specifically to enforce, and to prevent and restrain any person from violating any plan or regulation made or issued under this title. The facts relating to any civil action authorized to be brought under this subsection shall be referred to the Attorney General for appropriate action: Provided, That nothing in this title shall be construed as requiring the Secretary to refer to the Attorney General violations of this title whenever the Secretary believes that the administration and enforcement of any such plan or regulation would be adequately served by administrative action under subsection (b) of this section or suitable written notice or warning to any person committing such violations.
"(b)(1) Any person who violates any provision of any plan or regulation issued by the Secretary under this title, or who fails or refuses to pay, collect, or remit any assessment or fee duly required of such person thereunder, may be assessed a civil penalty by the Secretary of not less than $500 or more than $5,000 for each such violation. Each violation shall be a separate offense. In addition to or in lieu of such civil penalty the Secretary may issue an order requiring such person to cease and desist from continuing such violations. No penalty shall be assessed or cease and desist order issued unless such person is given notice and opportunity for a hearing before the Secretary with respect to such violation, and the order of the Secretary assessing a penalty or imposing a cease and desist order shall be final and conclusive unless the affected person files an appeal from the Secretary's order with the appropriate United States court of appeals.
"(2) Any person against whom a violation is found and a civil penalty assessed or cease and desist order issued under subsection (b)( 1) of this section may obtain review in the court of appeals of the United States for the circuit in which such person resides or carries on business or in the United States Court of Appeals for the District of Columbia Circuit by filing a notice of appeal in such court within thirty days from the date of such order and by simultaneously sending a copy of such notice by certified mail to the Secretary. The Secretary shall promptly file in such court a certified copy of the record upon which such violation was found. The findings of the Secretary shall be set aside only if found to be unsupported by substantial evidence.
"(3) Any person who fails to obey a cease and desist order after it has become final and unappealable, or after the appropriate court of appeals has entered a final judgment in favor of the Secretary, shall be subject to a civil penalty assessed by the Secretary, after opportunity for a hearing and for judicial review under the procedures specified in subsections (b) (1) and (2) of this section, of not more than $500 for each offense, and each day during which such failure continues shall be deemed a separate offense.
"(4) If any person fails to pay an assessment of a civil penalty after it has become a final and unappealable order, or after the appropriate court of appeals has entered final judgment in favor of the Secretary, the Secretary shall refer the matter to the Attorney General for recovery of the amount assessed in any appropriate district court of the United States. In such action, the validity and appropriateness of the final order imposing the civil penalty shall not be subject to review.".
Sec. 4. Section 314 of the Potato Research and Promotion Act (7 U. S.C. 2623) is amended to read as follows:
" Sec. 314. (a) The Secretary shall conduct a referendum among producers, who during a representative period determined by the Secretary have been engaged in the production of potatoes, for the purpose of ascertaining whether the issuance of a plan is approved or favored by such producers.
"(b) No plan issued under this title shall be effective unless the Secretary determines that the issuance of such plan is approved or favored by not less than two-thirds of the producers voting in such referendum, or by the producers of not less than two-thirds of the potatoes produced during the representative period by producers voting in such referendum, and by not less than a majority of the producers voting in such referendum.
"(c) The failure of potato producers to approve an amendment to any plan issued under this title shall not be deemed to invalidate such plan.
"(d) The ballots and other information or reports which reveal or tend to reveal the vote of any producer or his production of potatoes shall be held strictly confidential and shall not be disclosed. Any officer or employee of the Department of Agriculture violating the provisions hereof shall upon conviction be subject to the penalties provided in section 310(c) above.".
Approved August 26, 1982.
LEGISLATIVE HISTORY- H.R. 2160:
HOUSE REPORT No. 97 - 446 (Comm. on Agriculture).
SENATE REPORT No. 97 - 334 (Comm. on Agriculture, Nutrition, and
Forestry).
CONGRESSIONAL RECORD, Vol. 128 (1982):
Mar. 9, considered and passed House.
May 5, considered and passed Senate, amended.
July 26, House disagreed to Senate amendments.
Aug. 12, Senate receded from its disagreement on House
amendments.
PUBLIC LAW 97-243, 96 STAT. 301
Monument in the State of
Washington, 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. (a) In furtherance of the purposes of this Act, // 16 USC
431 // certain lands within and adjacent to the Gifford Pinchot National
Forest in the State of Washington, which comprise approximately one
hundred and ten thousand acres, as generally depicted on a map entitled
" Mount St. Helens National Volcanic Monument, August 1982", are hereby
designated as the Mount St. Helens National Volcanic Monument (hereafter
in this Act referred to as the " Monument").
(b)(1) Not later than six months after the date of enactment of this
Act, the Secretary of Agriculture (hereafter in this Act referred to as
the " Secretary") shall file a map and a legal description of the
Monument established under subsection (a) with the Committee on Energy
and Natural Resources of the United States Senate and the Committees on
Agriculture and on Interior and Insular Affairs of the United States
House of Representatives. Such map and description shall have the same
force and effect as if included in this Act. Such map and description
shall be on file and available for public inspection in the office of
the Forest Supervisor, Gifford Pinchot National Forest and in the office
of the Chief of the Forest Service, Department of Agriculture.
(2) The Secretary may correct clerical and typographical errors in
the legal description referred to in paragraph (1), and the Secretary
may, from time to time, make minor revisions of the boundary of the
Monument. Such minor boundary revisions may be made by the Secretary
only after publication of notice of the proposed revision in the Federal
Register and after submission of notice thereof to the committees
referred to in paragraph (1). Such notice shall be published and
submitted at least 60 days before the revision is made. Notice of final
action regarding such revision shall also be published in the Federal
Register.
Sec. 2. (a) The exterior boundary of the Gifford Pinchot National
Forest is hereby extended to include all lands and waters within the
boundaries of the Monument. Lands and interests therein acquired
pursuant to section 3 shall become national forest system lands.
(b) For the purposes of section 7(a)(1) of the Land and Water
Conservation Fund Act of 1965 (78 Stat. 897; 16 U.S.C. 4601 - 4 through
4601 - 11), // 16 USC 460l-9. // the boundary of the Gifford Pinchot
National Forest, as modified by this section, shall be treated as if it
were the boundary of that forest on January 1, 1965.
Sec. 3. (a) The Secretary shall acquire all lands and interests in
lands within the boundaries of the Monument by donation, exchange in
accordance with this Act or other provisions of law, or purchase with
donated or appropriated funds, except as provided in subsection (c) and
except that the Secretary may acquire mineral and geothermal interests
only by exchange. It is the sense of the Congress that in the case of
mineral and geothermal interests such exchanges should be completed
within one year after the date of enactment of this Act. Any lands
owned by the State of Washington or any political subdivision thereof
may be acquired only by exchange. Those mining claims in the Green
River-Polar Star area shall not be acquired without the consent of the
owner.
(b) In recognition of the rapidly deteriorating nature of much of the
timber in the Monument, any timber acquired pursuant to this section
shall be valued for purposes of any acquistion under subsection (a) at
an amount not less than the fair market value of such timber on July 1,
1982.
(c)(1) Notwithstanding any other provision of law, the Secretary
shall exchange lands and interests in lands referred to in paragraphs
(2) and (3) in accordance with the provisions of this subsection. With
respect to the lands and interests in lands referred to in paragraphs
(2) and (3), the Secretary may exercise the authorities of subsection
(a) only to the extent necessary to acquire any lands or interests in
lands which are not acquired pursuant to the provisions of this
subsection.
(2)(A) If Burlington Northern Incorporated offers to the United
States the following described lands and interests therein, except
mineral and geothermal interests, the Secretary shall accept such lands
and interests therein (for the purposes of this Act, the term "
Burlington Northern Incorporated" shall include any subsidiary of that
corporation): Township 7 North, Range 6 East:
Section 1: Lots 1, 2, and 3, south half northeast quarter, and
north Acres half southeast quarter
310.11
Township 8 North, Range 5 East:
Section 21: All
640.00
Section 23: All
640.00
Section 25: All
640.00
Section 27: All
640.00
Section 29: All
640.00
Section 31: All fractional
623.52
Section 33: All
640.00
Section 35: All
640.00
Township 8 North, Range 6 East:
Section 5: All fractional
480.44
Section 7: All fractional
637.58
Section 9: All
640.00
Section 15: West half
320.00
Section 17: All
640.00
Section 19: All fractional
631.76
Section 21: All
640.00
Section 27: West half
320.00
Section 29: All
640.00
Section 31: All fractional
630.44
Section 33: All
640.00
Township 9 North, Range 5 East:
Section 25: All
640.00
Township 9 North, Range 6 East:
Section 5: Lot 1, southeast quarter northeast quarter, and
southeast quarter
240.41
Section 9: All
640.00
Section 17: All
640.00
Section 21: All
640.00
Section 29: All
640.00
Section 31: All fractional
639.52
Section 33: All
640.00
(B) Upon acceptance of title by the United States to such lands and
interests therein, the Secretary shall convey to Burlington Northern
Incorporated all right, title, and interest of the United States to the
following described national forest system lands and interests therein,
except mineral and geothermal interests: Township 7 North, Range 6
East:
Section 4: All fractional
680.88
Section 6: All fractional
670.04
Section 10: All
640.00
Section 22: All
640.00
(3)(A) If the Weyerhaeuser Company offers to the United States the
following described lands and interests in lands, except mineral and
geothermal interests, the Secretary shall accept such lands and
interests therein: Township 9 North, Range 3 East:
Section 1: South half
320.00
Township 7 North, Range 4 East:
Section 25: Northwest quarter northwest quarter
40.00
Township 8 North, Range 4 East:
Section 2: All fractional
494.28
Township 9 North, Range 4 East:
Section 1: All fractional
658.52
Section 3: South half northeast quarter, and south half
400.00
Section 4: Lots 2 and 3, south half north half, and south half
560.30
Section 5: South half northeast quarter, and south half
400.00
Section 6: Lot 7, southeast quarter southwest quarter, and
south half southeast quarter
155.38
Section 7: All fractional
623.44
Section 8: All
640.00
Section 9: All
640.00
Section 11: All
640.00
Section 13: All
640.00
Section 15: East half east half
160.00
Section 16: North half northwest quarter
80.00
Section 17: North half northeast quarter
80.00
Section 22: A portion of east half and east half west half
271.
Section 23: All
640.00
Section 24: All
640.00
Section 25: All
640.00
Section 26: North half, southeast quarter, and a portion of
the southwest quarter
572.
Section 27: A portion of the northeast quarter
66.
Section 35: A portion of the northeast quarter
105.
Township 10 North, Range 4 East:
Section 25: Southeast quarter
160.00
Township 9 North, Range 5 East:
Section 5: All fractional
640.32
Section 6: All fractional
679.52
Section 7: Lots 1 and 2, northeast quarter, and east half
northwest quarter
340.57
Section 8: North half
320.00
Section 17: All
640.00
Section 19: All fractional
694.72
Township 10 North, Range 5 East:
Section 5: A portion of the east half northeast quarter
northwest Acres quarter and east half
233.
Section 17: Northeast quarter, and a portion of the northeast
quarter and east half southeast quarter
145.
Section 19: A portion of the south half southeast quarter
20.
Section 20: A portion of the south half south half
60.
Section 21: East half, east half northwest quarter, northwest
quarter northwest quarter, northeast quarter southwest quarter,
and a portion of the southwest quarter northwest quarter,
northwest quarter southwest quarter
523.
Section 29: All
640.00
Section 30: Northeast quarter, south half, and a portion of
the east half northwest quarter
550.
Section 31: All fractional
688.55
Section 32: All
640.00
Section 33: North half
320.00
Township 11 North, Range 5 East:
Section 32: Lots 1 and 2
16.43
(B) Upon acceptance of title by the United States to such lands and
interests therein, the Secretary shall convey to Weyerhaeuser Company
all right, title, and interest of the United States to the following
described national forest system lands and interests therein, except
mineral and geothermal interests: Township 10 North, Range 5 East:
Section 6: Mineral survey
193.96
Section 7: Mineral survey
12.65
Township 11 North, Range 5 East:
Section 28: Mineral survey
24.89
Section 29: Portion of mineral survey 837
5.20
Township 8 North, Range 4 East:
Section 29: All
640.00
Section 30: All fractional
604.07
Section 32: All fractional
702.99
Township 13 North, Range 3 East:
Section 6: All fractional
652.25
Township 4 North, Range 3 East:
Section 10: All
640.00
Section 16: All
640.00
Section 20: All
640.00
(4) Except as provided in paragraph (7), the instruments of
conveyance respecting the lands and interests exchanged under this
subsection may contain such reservations as may be agreed upon by the
Secretary and the Weyerhaeuser Company or the Secretary and Burlington
Northern Incorporated, as the case may be.
(5) It is the sense of the Congress that the exchanges authorized
pursuant to this subsection should be completed within ninety days after
the date of the enactment of this Act. The Secretary shall use the
authorities of subsection (a) if the exchanges authorized by this
subsection are not completed within a reasonable time after the
expiration of such ninety day period.
(6) The Secretary shall certify in writing that to his satisfaction,
at the time of conveyance, there has been no reduction in the values of
the lands or interests therein caused by a direct action on the part of
the current landowner below that which formed the basis for the
exchanges provided for in this section. If the Secretary finds that a
reduction in the value of the lands or interests therein has occurred
caused by direct action on the part of the current landowner, the
Secretary shall not carry out the exchange for those lands or interests
so affected under this subsection, and acquisition of those lands and
interests shall be undertaken by the Secretary in accordance with the
provisions of subsection (a).
(7) The provisions of this subsection (except for the provisions of
paragraphs (5) and (6)) do not authorize the exercise by the Secretary
of the power of eminent domain, and any exchange of the lands or
interests in lands carried out under this subsection shall be pursuant
to a voluntary agreement entered into between the Secretary and
Burlington Northern Incorporated, or the Secretary and Weyerhaeuser
Company, as the case may be, with the full consent of each of the
parties to such agreement.
(d) Nothing in this Act shall affect any prior contractual obligation
of Burlington Northern Incorporated or Weyerhaeuser Company regarding
lands owned by them and included in an exchange pursuant to this Act nor
shall such obligations be transferred pursuant to this legislation to
the United States.
(e) Any terms, conditions, or obligations imposed by the Act of July
2, 1864 (13 Stat. 365), as amended, that apply to lands and interests in
lands exchanged under this Act by Burlington Northern Incorporated shall
apply in equivalent manner to lands and interests in lands obtained by
Burlington Northern Incorporated under this Act.
(f) Notwithstanding any other provision of law, the Secretary shall
only be required to prepare an environmental assessment of any exchange
of mineral or geothermal interests authorized by this Act. In the course
of preparing the assessment, the Secretary shall conduct at least one
public hearing in the vicinity of the mineral or geothermal interests to
be conveyed by the United States in such exchange. Any exchange of
mineral or geothermal interests may be made by the Secretary only after
providing the committees referred to in section 1 of this Act thirty
days' notice of his intention to do so.
Sec. 4. (a) The Secretary acting through the Forest Service shall
administer the Monument as a separate unit within the boundary of the
Gifford Pinchot National Forest, in accordance with the appropriate laws
pertaining to the national forest system, and in accordance with the
provisions of this Act.
(b)(1) The Secretary shall manage the Monument to protect the
geologic, ecologic, and cultural resources, in accordance with the
provisions of this Act allowing geologic forces and ecological
succession to continue substantially unimpeded.
(2) The Secretary may take action to control fire, insects, diseases,
and other agents that might (A) endanger irreplaceable features within
the Monument or (B) cause substantial damage to significant resources
adjacent to the Monument.
(3) Nothing in this Act shall prohibit the Secretary from undertaking
or permitting those measures within the Monument reasonably necessary to
ensure public safety and prevent loss of life and property.
(c) The Secretary shall permit the full use of the Monument for
scientific study and research, except that the Secretary may impose such
restrictions as may be necessary to protect public health and safety and
to prevent undue modification of the natural conditions of the Monument.
(d) In order to protect the significant features of the Monument,
reduce user conflicts, and ensure visitor safety, the Secretary is
authorized to control times and means of access and use of the Monument
or parts thereof: Provided, That nothing in this section shall be
construed as to prohibit the use of motorized vehicles, aircraft or
motorboats for emergency and other essential administrative services,
including those provided by State and local governments, or when
necessary, for authorized scientific research.
(e)(1) The Secretary shall provide for recreational use of the
Monument and shall provide recreational and interpretive facilities
(including trails and campgrounds) for the use of the public which are
compatible with the provisions of this Act, and may assist adjacent
affected local governmental agencies in the development of related
interpretive programs.
(2) Except for roads needed for recreational and interpretive
purposes as may be recommended by the comprehensive management plan
submitted in accordance with the provisions of subsection (i), roads or
other developed facilities within the Monument should be located
generally in areas which were developed prior to the 1980 eruption.
(f) Subject to valid existing rights, all Federal lands within the
Monument are hereby withdrawn from all forms of entry or appropriation
or disposal under the public land laws, and from location, entry, and
patent under the United States mining laws, and from disposition under
all laws pertaining to mineral and geothermal leasing and all amendments
thereto. Any mining activity carried out pursuant to valid existing
rights shall be conducted in accordance with applicable Federal and
State law.
(g) Timber harvesting shall not be permitted on Federal lands within
the Monument except (1) for timber salvage contracts awarded by the
Forest Service before the date of enactment of this Act, and (2) to the
minimum extent necessary to control fire, insects, diseases and other
agents that would endanger irreplaceable features within the Monument,
cause substantial damage to significant resources adjacent to the
Monument, or endanger public safety. National forest system roads within
the Monument may be used to the extent necessary for such timber
harvesting activities. If the Secretary intends to carry out timber
harvesting activities under clause (2), the Secretary shall advise the
Committee on Energy and Natural Resources of the Senate and the
Committees on Agriculture and Interior and Insular Affairs of the House
of Representatives of the action the Secretary intends to take at least
30 days in advance of initiating action to contract for such sales,
except that in emergency situations the Secretary shall submit a report
to such Committees, describing the action taken within 30 days
thereafter.
(h) The Secretary shall permit hunting and fishing on lands and
waters within the Monument in accordance with applicable Federal and
State law, except that the Secretary may designate zones within the
Monument where, and establish periods when, no hunting or fishing shall
be permitted for reasons of public health and safety, the protection of
resources, scientific research activities, or public use and enjoyment.
Except in emergencies, any regulations issued by the Secretary under
this subsection shall be put into effect only after consultation with
the appropriate State agencies responsible for hunting and fishing
activities. Nothing in this subsection shall be construed as affecting
the jurisdiction or responsibilities of the State of Washington with
respect to wildlife and fish within the Monument.
(i) Within three years after the date of enactment of this Act, the
Secretary shall submit to the committees referred to in section 1(b), a
detailed and comprehensive management plan for the Monument. The initial
Monument management plan may be expressed as an amendment to the October
1981 Mount St. Helens Land Management Plan. Subsequent Monument plans
shall be integrated with and periodically revised as a component of the
Gifford Pinchot land management planning process. The plan shall
include but not be limited to:
(1) measures for the preservation of the natural geologic and
ecologic processes and integrity of the resources;
(2) indications of types, locations, and general intensities of
development and access routes associated with the public
understanding, use, and enjoyment of the area, including
anticipated timetables and costs;
(3) identification of, and implementation plans for, visitor
carrying capacities of the area; and
(4) indications of any potential modifications of the external
boundaries of the area, and the reasons therefor.
Sec. 6. Nothing in this Act shall be construed as authorizing or
directing the establishment of protective perimeters or buffer zones
around the Monument for the purpose of precluding activities outside the
Monument boundary which would otherwise be permitted under applicable
law. Nothing in this Act shall be construed as limiting the existing
authority of the Secretary to take actions on Federal lands adjacent to
the Monument necessary to protect public health and safety in
emergencies involving volcanic activity.
Sec. 7. (a) There is hereby established the Mount St. Helens
Scientific Advisory Board (hereinafter referred to as the " Board").
The Secretary shall consult with and seek the advice and recommendations
of the Board with respect to--,
(1) the measures needed to protect and manage the natural and
scientific values of the Monument; and
(2) the administration of the Monument with respect to
policies, programs, and activities which are specifically intended
to retain the natural ecologic and geologic processes and
integrity of the Monument.
The Board may make recommendations to the Secretary in regard to new
research opportunities which may exist within the Monument designed to
gain scientific information for future interpretation and enjoyment by
visitors to the Monument. No recommendation by the Board shall be
binding upon the Secretary.
(b) The Board shall be composed of nine members, who shall be
individuals with recognized professional standing in appropriate
scientific disciplines, as follows:
(1) three members appointed by the Secretary (one of whom shall
be a professional employee of the Forest Service);
(2) two members appointed by the Secretary of the Interior (one
of whom shall be a professional employee of the United States
Geological Survey);
(3) two members appointed by the Governor of the State of
Washington from among professional employees of the State of
Washington; and
(4) two members appointed by the Chairman of the National
Science Foundation.
(c) Each member shall be appointed to serve for a term of three
years, except that one of the initial appointees of each appointing
official shall serve an initial term of four years, one of the initial
appointees of each appointing official shall serve an initial term of
two years, and one of the initial appointees of the Secretary shall
serve an initial term of one year.
(d) The members of the Board shall be appointed within ninety days of
the date of enactment of this Act. The members of the Board shall, at
their first meeting, elect a chairman.
(e) The Secretary, or a designee, shall from time to time, but at
least annually, meet and consult with the Board on matters relating to
the protection of the Monument and potential and ongoing research
programs within the Monument.
(f) Members of the Board shall serve without compensation as such,
but the Secretary is authorized to pay, upon vouchers signed by the
Chairman, the expenses reasonably incurred by the Board and its members
in carrying out their responsibilities under this Act.
(g) Any vacancy in the Board shall be filled in the same manner in
which the original appointment was made.
(h) The Board shall terminate ten years from the date of its first
meeting.
Sec. 8. (a) Notwithstanding the provisions of the last paragraph
under the heading " Forest Service" of the Act of May 23, 1908 (16 U.S.
C. 500), and of section 13 of the Act of March 1, 1911 (16 U.S.C. 500),
of the amount which is paid under such provisions to the State of
Washington with respect to Gifford Pinchot National Forest, to be
expended for the benefit of Skamania County--,
(1) not less than fifty percent shall be expended for the
benefit of the public schools of Skamania County, as Skamania
County may specify, and
(2) the remainder shall be expended for the benefit of public
roads and other public purposes of Skamania County, as Skamania
County may specify.
(b) Subsection (a) shall not apply to any amount paid by the
Secretary of the Treasury under the provisions of law referred to in
subsection (a) at the end of any fiscal year ending before the date of
the enactment of this Act.
Sec. 9. There is hereby authorized to be appropriated to carry out
the provisions of this Act, not to exceed $12,000,000 for the fiscal
year beginning October 1, 1982, and such sums as may be necessary for
each fiscal year thereafter.
Approved August 26, 1982.
LEGISLATIVE HISTORY-H.R. 6530 (S. 2133):
HOUSE REPORTS: No. 97 - 636, Pt. I (Comm. on Interior and Insular
Affairs), Pt. II (Comm. on Agriculture) and No. 97 - 748 (Comm. of
Conference).
SENATE REPORTS: No. 97 - 481 accompanying S. 2133 (Comm. on Energy
and Natural Resources) and No. 97 - 523) (Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 128 (1982):
July 19, considered and passed House.
July 21, considered and passed Senate, amended.
Aug. 13, Senate agreed to conference report.
Aug. 17, House agreed to conference report.
PUBLIC LAW 97-242, 96 STAT. 300
imposed on the United States
Postal Service.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) section 3682 of
title 39, United States Code, is amended to read as follows:
" Section 3682. Size and weight limits
" The Postal Service may establish size and weight limitations for
mail matter in the same manner as prescribed for changes in mail
classification under subchapter II of this chapter.".
(b) The size and weight limitations for other than letter mail
established by subsections (a) and (b) of section 3682 of title 39,
United States Code, // 39 USC 3682 // as in effect on the day prior to
the effective date of this section, shall remain in effect until changed
pursuant to section 3682 of such title, as amended, by subsection (a) of
this section.
Approved August 24, 1982.
LEGISLATIVE HISTORY-S. 2073:
CONGRESSIONAL RECORD, Vol. 128 (1982):
July 29, considered and passed Senate.
Aug. 12, considered and passed House.
PUBLIC LAW 97-241, 96 STAT. 273
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SEC. 101. This title may be cited as the "Department of State
Authorization Act, Fiscal Years 1982 and 1983".
SEC. 102. There are authorized to be appropriated for the Department
of State to carry out the authorities, functions, duties, and
responsibilities in the conduct of the foreign affairs of the United
States and other purposes authorized by law, the following amounts:
(1) For "Administration of Foreign Affairs", $1,245,637,000 for
the fiscal year 1982 and $1,248,059,000 for the fiscal year 1983.
(2) For "International Organizations and Conferences",
$503,462,000 for the fiscal year 1982 and $514,436,000 for the
fiscal year 1983.
(3) For "International Commissions", $19,808,000 for the fiscal
year 1982 and $22,432,000 for the fiscal year 1983.
(4) For "Migration and Refugee Assistance", $504,100,000 for
the fiscal year 1982 and $460,000,000 for the fiscal year 1983.
SEC. 103. (a) Notwithstanding any other provision of law, $400,000
of the funds available for the fiscal year 1982 for "Salaries and
Expenses" of the Department of State are hereby reprogrammed for, and
shall be used by the Department for, the expenses of operating and
maintaining the consulates specified in subsection (c) of this section.
(b) None of the funds made available under this or any other Act "22
USC 2656 note" for "Administration of Foreign Affairs" may be used for
the establishment or operation of any United States consulate that did
not exist on the date of enactment of this Act (other than the
consulates specified in subsection (c)) until all the United States
consulates specified in subsection (c) have been reopened as required by
section 108 of the Department of State Authorization Act, "22 USC 2656
note" Fiscal Years 1980 and 1981.
(c) The consulates referred to in subsections (a) and (b) of this
section "22 USC 2656 note" are the consulates in the following
locations: Turin, Italy; Salzburg, Austria; Goteborg, Sweden;
Bremen, Germany; Nice, France; Mandalay, Burma; and Brisbane,
Australia.
SEC. 104. (a) Funds appropriated under paragraph (2) of section 102
of this Act may not be used for payment by the United States, as its
contribution toward the assessed budget of the United Nations for any
year, of any amount which would cause the total amount paid by the
United States as its assessed contribution for that year to exceed the
amount assessed as the United States contribution for that year less --
(1) 25 percent of the amount budgeted for that year for the
Committee on the Exercise for the Inalienable Rights of the
Palestinian People (or any similar successor entity); and
(2) 25 percent of the amount budgeted for that year for the
Special Unit on Palestinian Rights (or any similar successor
entity); and
(3) 25 percent of the amount budgeted for that year for
projects whose primary purpose is to provide political benefits to
the Palestine Liberation Organization or entities associated with
it.
(b) Funds appropriated under paragraph (2) of section 102 of this Act
may not be used for payment by the United States, as its contribution
toward the assessed budget of any specialized agency of the United
Nations for any year, of any amount which would cause the total amount
paid by the United States as its assessed contribution for that year to
exceed the amount assessed as the United States contribution for that
year less 25 percent of the amount budgeted by such agency for that year
for projects whose primary purpose is to provide political benefits to
the Palestine Liberation Organization or entities associated with it.
(c) The President shall annually review the budgets of the United
Nations "22 USC 287e note" and its specialized agencies to determine
which projects have the primary purpose of providing political benefit
to the Palestine Liberation Organization. The President shall report to
the Congress on any such project for which a portion of the United
States assessed contribution is withheld and the amount withheld.
(d) Subsections (a)(3) and (b) shall not be construed as limiting
United States contributions to the United Nations, or its specialized
agencies, for projects whose primary purpose is to provide humanitarian,
educational, developmental, and other nonpolitical benefits to the
Palestinian people.
SEC. 105. (a) Funds authorized to be appropriated for the fiscal
year 1982 by paragraph (2) of section 102 of this Act shall be used for
payment of the entire amount payable for the United States contribution
for the calendar year 1982 to the Organization of American States, to
the Pan American Health Organization, and to the Inter-American
Institute for Cooperation on Agriculture.
(b) Funds authorized to be appropriated for the fiscal year 1983 by
paragraph (2) of section 102 of this Act shall be used for payment of
the entire amount payable for the United States contribution for the
calendar year 1983 to the Organization of American States, to the Pan
American Health Organization, and to the Inter-American Institute for
Cooperation on Agriculture.
(c) For purposes of this section, the term "United States
contribution" means the United States assessed contribution to the
budget of the Organization of American States, the Pan American Health
Organization, or the Inter-American Institute for Cooperation on
Agricutlure, as the case may be, plus amounts required to be paid by the
United States or minus amounts credited to the United States (as
appropriate) under that organization's tax equalization program.
SEC. 106. Of the amounts authorized to be appropriated by paragraph
(4) of section 102 of this Act, $1,500,000 shall be available for the
fiscal year 1982 and $1,500,000 shall be available for the fiscal year
1983 only for the International Committee of the Red Cross to support
the activities of the protection and assistance program for "political"
detainees.
SEC. 107. Of the amounts authorized to be appropriated by paragraph
(4) of section 102 of this Act, $12,500,000 for the fiscal year 1982 and
$16,875,000 for the fiscal year 1983 shall be available only for
assistance for the resettlement in Israel of refugees from the Union of
Soviet Socialist Republics, from Communist countries in Eastern Europe,
and from other countries.
SEC. 108. (a) The Congress finds that --
(1) a free press is vital to the functioning of free
governments;
(2) Article 19 of the Universal Declaration of Human Rights
provides for the right to freedom of expression and to "seek,
receive, and impart information and ideas through any media and
regardless of frontiers";
(3) the Constitution of the United Nations Educational,
Scientific and Cultural Organization provides for the promotion of
"the free flow of ideas by word and image";
(4) the signatories of the Final Act of the Conference on
Security and Cooperation in Europe (Helsinki, 1975) pledged
themselves "to facilitate the freer and wider dissemination of
information of all kinds, to encourage co-operation in the field
of information and the exchange of information with other
countries, and to improve the conditions under which journalists
from one participating State exercise their profession in another
participating State"; and
(5) government censorship, domination, or suppression of a free
press is a danger to free men and women everywhere.
(b) Therefore, it is the sense of the Congress that the United
Nations Educational, Scientific and Cultural Organization should cease
efforts to attempt to regulate news content and to formulate rules and
regulations for the operation of the world press.
(c) The Congress opposes efforts by some countries to control access
to and dissemination of news.
(d) The President shall evaluate and, not later than six months after
the date of enactment of this Act, shall report to the Congress his
assessment of --
(1) the extent to which United States financial contributions
to the United Nations Educational, Scientific and Cultural
Organization, and the extent to which the programs and activities
of that Organization, serve the national interests of the United
States;
(2) the programs and activities of the United Nations
Educational, Scientific and Cultural Organization, especially its
programs and activities in the communications sector; and
(3) the quality of United States participation in the United
Nations Educational, Scientific and Cultural Organization,
including the quality of United States diplomatic efforts with
respect to that Organizationthe quality of United States
representation in the Secretariat of that Organization, and the
quality of recruitment of United States citizens to be employed by
that Organization.
Such report should include the President's recommendations regarding
any improvements which should be made in the quality and substance of
United States representation in the United Nations Educational,
Scientific and Cultural Organization.
SEC. 109. "22 USC 287r note." (a) None of the funds authorized to be
appropriated by paragraph (2) of section 102 of this Act or by any other
Act for "International Organizations and Conferences" may be used for
payment by the United States of its contribution toward the assessed
budget of the United Nations Educational, Scientific and Cultural
Organization if that organization implements any policy or procedure the
effect of which is to license journalists or their publications, to
censor or otherwise restrict the free flow of information within or
among countries, or to impose mandatory codes of journalistic practice
or ethics.
(b) Not later than February 1 of each year, the Secretary of State
shall report to the Congress with respect to whether the United Nations
Educational, Scientific and Cultural Organization has taken any action
described in subsection (a) of this section.
SEC. 110. In addition to the amounts authorized to be appropriated
by section 102 of this Act, there are authorized to be appropriated to
the Secretary of State $3,700,000 for the fiscal year 1982 and
$3,700,000 for the fiscal year 1983 for payment of the United States
share of expenses of the science and technology agreements between the
United States and Yugoslavia and between the United States and Poland.
SEC. 111. In addition to the amounts authorized to be appropriated
by section 102 of this Act, there are authorized to be appropriated to
the Secretary of State $4,500,000 for the fiscal year 1982 and
$4,500,000 for the fiscal year 1983 for the Asia Foundation in
furtherance of that organization's purposes as described in its charter.
Amounts appropriated under this section shall be made available to the
Asia Foundation by the Secretary of State in accordance with the terms
and conditions of a grant agreement to be negotiated between the
Secretary and the Foundation.
SEC. 112. (a) Section 24(b) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2696(b)) is amended to read as
follows:
"(b)(1) In order to maintain the levels of program activity for the
Department of State provided for each fiscal year by the annual
authorizing legislation, there are authorized to be appropriated for the
Department of State such sums as may be necessary to offset adverse
fluctuations in foreign currency exchange rates, or overseas wage and
price changes, which occur after November 30 of the earlier of --
"(A) the calendar year which ended during the fiscal year
preceding such fiscal year, or
"(B) the calendar year which preceded the calendar year during
which the authorization of appropriations for such fiscal year was
enacted.
"(2) In carrying out this subsection, there may be established a
Buying Power Maintenance account.
"(3) In order to eliminate substantial gains to the approved levels
of overseas operations for the Department of State, the Secretary of
State shall transfer to the Buying Power Maintenance account such
amounts in any appropriation account under the heading 'Administration
of Foreign Affairs' as the Secretary determines are excessive to the
needs of the approved level of operations under that appropriation
account because of fluctuations in foreign currency exchange rates or
changes in overseas wages and prices.
"(4) In order to offset adverse fluctuations in foreign currency
exchange rates or overseas wage and price changes, the Secretary of
State may transfer from the Buying Power Maintenance account to any
appropriation account under the heading 'Administration of Foreign
Affairs' such amounts as the Secretary determines are necessary to
maintain the approved level of operations under that appropriation
account.
"(5) Funds transferred by the Secretary of State from the Buying
Power Maintenance account to another account shall be merged with and be
available for the same purpose, and for the same time period, as the
funds in that other account. Funds transferred by the Secretary from
another account to the Buying Power Maintenance account shall be merged
with the funds in the Buying Power Maintenance account and shall be
available for the purposes of that account until expended.
"(6) Any restriction contained in an appropriation Act or other
provision of law limiting the amounts available for the Department of
State that may be obligated or expended shall be deemed to be adjusted
to the extent necessary to offset the net effect of fluctuations in
foreign currency exchange rates or overseas wage and price changes in
order to maintain approved levels.".
(b) Section 704(c) of the United States Information and Educational
Exchange Act of 1948 (22 U.S.C. 1477b(c)) is amended --
(1) by inserting ", or overseas wage and price changes,"
immediately after "foreign currency exchange rates"; and
(2) by striking out "preceding fiscal year" and inserting in
lieu thereof "earlier of (1) the calendar year which ended during
the fiscal year preceding such fiscal year, or (2) the calendar
year which preceded the calendar year during which the
authorization of appropriations for such fiscal year was enacted".
(c) Section 8(a)(2) of the Board for International Broadcasting Act
of 1973 "22 USC 2877" (22 U.S.C. 2287(a)(2)) is amended --
(1) in the first sentence, by inserting ", or overseas wage and
price changes," immediately after "foreign currency exchange
rates";
(2) in the first sentence, by striking out "preceding fiscal
year" and inserting in lieu thereof "earlier of (A) the calendar
year which ended during the fiscal year preceding such fiscal
year, or (B) the calendar year which preceded the calendar year
during which the authorization of appropriations for such fiscal
year was enacted"; and
(3) in the second sentence, by inserting "or such changes"
immediately after "such fluctuations".
SEC. 113. Paragraph (1) of the first section of the joint resolution
entitled "Joint Resolution to provide for membership of the United
States in the Pan American Institute of Geography and History; and to
authorize the President to extend an invitation for the next general
assembly of the institute to meet in the United States in 1935, and to
provide an appropriation for expenses thereof", approved August 2, 1935
(22 U.S.C. 273), is amended by striking out ", not to exceed $200,000
annually,".
SEC. 114. Section 2 of the joint resolution entitled "Joint
Resolution to provide for participation by the Government of the United
States in the Hague Conference on Private International Law and the
International (Rome) Institute for the Unification of Private Law, and
authorizing appropriations therefor", approve December 30, 1963 (22 U.
S.C. 269g-1), is amended by striking out ", except that" and all that
follows through "that year".
SEC. 115. Section 2(a) of the joint resolution entitled "Joint
Resolution providing for participation by the Government of the United
States in the Pan American Railway Congress, and authorizing an
appropriation therefor", approved June 28, 1948 (22 U.S.C. 280k), is
amended by striking out "Not more than $15,000 annually" and inserting
in lieu thereof "Such sums as may be necessary".
SEC. 116. (a) The first sentence of section 1 under the heading
"FEES FOR PASSPORTS AND VISES" of the Act of June 4, 1920 (22 U.S.C.
214), is amended to read as follows: "There shall be collected and paid
into the Treasury of the United States a fee, prescribed by the
Secretary of State by regulation, for each passport issued and a fee,
prescribed by the Secretary of State by regulation, for executing each
application for a passport.".
(b)(1) Section 2 of the Act entitled "An Act to regulate the issue
and validity of passports, and for other purposes", approved July 3,
1926 (22 U.S.C. 217a), is amended to read as follows:
"SEC. 2. A passport shall be valid for a period of ten years from
the date of issue, except that the Secretary of State may limit the
validity of a passport to a period of less than ten years in an
individual case or on a general basis pursuant to regulation.".
(2) The amendment made by this subsection applies with respect to
passports issued after the date of enactment of this Act. "22 USC 217a
note."
SEC. 117. The State Department Basic Authorities Act of 1956 is
amended by inserting the following new section 33 immediately after
section 32 and by redesignating existing section 33 as section 34: "22
USC 2651 note."
"SEC. 33. "22 USC 2705." The following documents shall have the same
force and effect as proof of United States citizenship as certificates
of naturalization or of citizenship issued by the Attorney General or by
a court having naturalization jurisdiction:
"(1) A passport, during its period of validity (if such period
is the maximum period authorized by law), issued by the Secretary
of State to a citizen of the United States.
"(2) The report, designated as a 'Report of Birth Abroad of a
Citizen of the United States', issued by a consular officer to
document a citizen born abroad.".
SEC. 118. Section 2 of the United Nations Participation Act of 1945
(22 U.S.C. 287) is amended by adding at the end thereof the following
new subsection:
"(h) The President, by and with the advice and consent of the Senate,
shall appoint a representative of the United States to the Vienna office
of the United Nations with appropriate rank and status, who shall serve
at the pleasure of the President and subject to the direction of the
Secretary of State. Such individual shall, at the direction of the
Secretary of State, represent the United States at the Vienna office of
the United Nations and perform such other functions there in connection
with the participation of the United States in international
organizations as the Secretary of State from time to time may direct.".
SEC. 119. Section 8 of the United Nations Participation Act of 1945
(22 U.S.C. 287e) is amended --
(1) by striking out "representative of the United States to the
United Nations referred to in paragraph (a) of section 2 hereof"
and inserting in lieu thereof "representatives provided for in
section 2 of this Act "22 USC 287" and of their appropriate
staffs"; and
(2) by adding at the end thereof the following: "Any payments
made by United States Government personnel for occupancy by them
of living quarters leased or rented under this section shall be
credited to the appropriation, fund, or account utilized by the
Secretary of State for such lease or rental or to the
appropriation, fund, or account currently available for such
purpose.".
SEC. 120. (a) Sections 203, 205, 207, and 208 of title 18, United
States Code, "18 USC 203 note" shall not apply to a private sector
representative on the United States delegation to an international
telecommunications meeting or conference who is specifically designated
to speak on behalf of or otherwise represent the interests of the United
States at such meeting or conference with respect to a particular
matter, if the Secretary of State (or the Secretary's designee)
certifies that no Government employee on the delegation is as well
qualified to represent United States interests with respect to such
matter and that such designation serves the national interest. All such
representatives shall have on file with the Department of State the
financial disclosure report required for special Government employees.
(b) As used in this section, the term "international
telecommunications meeting or conference" means the conferences of the
International Telecommunications Union, meetings of its International
Consultative Committees for Radio and Telephone and Telegraph, and such
other international telecommunications meetings or conferences as the
Secretary of State may designate.
SEC. 121. The State Department Basic Authorities Act of 1956 is
amended by inserting the following new section immediately after section
13:
"SEC. 14. "22 USC 2679a." (a) Any contract for the procurement of
property or services, or both, for the Department of State or the
Foreign Service which is funded on the basis of annual appropriations
may nevertheless be made for periods not in excess of 5 years when --
"(1) appropriations are available and adequate for payment for
the first fiscal year and for all potential cancellation costs;
and
"(2) the Secretary of State determines that --
"(A) the need of the Government for the property or service
being acquired over the period of the contract is reasonably firm
and continuing;
"(B) such a contract will serve the best interests of the
United States by encouraging effective competition or promoting
economies in performance and operation; and
"(C) such a method of contracting will not inhibit small
business participation.
"(b) In the event that funds are not made available for the
continuation of such a contract into a subsequent fiscal year, the
contract shall be cancelled and any cancellation costs incurred shall be
paid from appropriations originally available for the performance of the
contract, appropriations currently available for the acquisition of
similar property or services and not otherwise obligated, or
appropriations made for such cancellation payments.".
SEC. 122. The State Department Basic Authorities Act of 1956 is
amended by inserting the following new section immediately after section
15:
"SEC. 16. The first section of the Act of August 16, 1941 "22 USC
2680a" (42 U.S.C. 1651; commonly known as the 'Defense Base Act') shall
not apply with respect to such contracts as the Secretary of State may
determine which are contracts with persons employed to perform work for
the Department of State or the Foreign Service on an intermittent basis
for not more than 90 days in a calendar year.".
SEC. 123. Section 207 of the Foreign Service Act of 1980 (22 U.S.C.
3927) is amended by adding at the end thereof the following new
subsection:
"(c) Each chief of mission to a foreign country shall have as a
principal duty the promotion of United States goods and services for
export to such country.".
SEC. 124. Section 402(a) of the Foreign Service Act of 1980 (22 U.
S.C. 3962(a)) is amended --
(1) by inserting "(1)" immediately after "(a)";
(2) by inserting immediately after the first sentence the
following new sentence: "The President shall also prescribe one
or more basic salary rates for each class."; and
(3) by adding at the end thereof the following new paragraph:
"(2) The Secretary shall determine which of the basic salary rates
prescribed by the President under paragraph (1) for any salary class
shall be paid to each member of the Senior Foreign Service who is
appointed to that class. The Secretary may adjust the basic salary rate
of a member of the Senior Foreign Service not more than once during any
12-month period.".
SEC. 125. The Foreign Service Act of 1980 is amended --
(1) in section 704(b)(2) (22 U.S.C. 4024(b)(2)) by striking out
"411" and inserting in lieu thereof "412"; and
(2) in section 814(a)(3) (22 U.S.C. 4054(a)(3)) by striking out
"on" the second place it appears in the first sentence and
inserting in lieu thereof "or".
SEC. 126. (a) Not later than 90 days after the date of enactment of
this Act, the Secretary of State shall submit to the Congress a report
with respect to the individual exchange activities conducted pursuant to
the 11 agreements for cooperation in specialized fields which were
entered into by the United States and the Union of Soviet Socialist
Republics between 1972 and 1974. This report shall include --
(1) an assessment of the risk of the transfer to the Soviet
Union of militarily significant technology through research,
exchanges, and other activities conducted pursuant to those
agreements; and
(2) a detailed description on the exchanges and other
activities conducted pursuant to those agreements during fiscal
year 1981 and fiscal year 1982, including --
(A) the areas of cooperation,
(B) the specific research and projects involved,
(C) the man-hours spent in short-term (less than 60 days) and
long-term exchanges,
(D) the level of United States and Soviet funding in each such
fiscal year, and
(E) an assessment of the equality or inequality in value of the
information exchanged.
(b) The Secretary of State shall prepare the report required by
subsection (a) in consultation and cooperation with the heads of the
other agencies involved in the exchange and other cooperative activities
conducted pursuant to the agreements described in that subsection. "22
USC 2458 note."
(c) Not later than July 1 of each year, the Secretary of State shall
submit to the Congress a list of the Soviet nationals participating
during the upcoming academic year in the United States-Union of Soviet
Socialist Republics graduate student/young faculty exchange or in the
United States-Union of Soviet Socialist Republics senior scholar
exchange, their topics of study, and where they are to study. This
report shall also include a determination by the Secretary of State, in
consultation with the heads of the other agencies involved in these
exchange programs, that these exchange programs will not jeopardize
United States national security interests.
SEC. 201. This title may be cited as the "Foreign Missions Act" "22
USC 4301 note."
SEC. 202. (a) The State Department Basic Authorities Act of 1956 "22
USC 2662" is amended by striking out "That the Secretary" in the first
section and inserting in lieu thereof the following:
"SECTION 1. The Secretary".
(b) That Act is further amended by adding at the end thereof the
following:
"SEC. 201. "22 USC 4301." (a) The Congress finds that the operation
in the United States of foreign missions and public international
organizations and the official missions to such organizations, including
the permissible scope of their activities and the location and size of
their facilities, is a proper subject for the exercise of Federal
jurisdiction.
"(b) The Congress declares that it is the policy of the United States
to support the secure and efficient operation of United States missions
abroad, to facilitate the secure and efficient operation in the United
States of foreign missions and public international organizations and
the official missions to such organizations, and to assist in obtaining
appropriate benefits, privileges, and immunities for those missions and
organizations and to require their observance of corresponding
obligations in accordance with international law.
"(c) The treatment to be accorded to a foreign mission in the United
States shall be determined by the Secretary after due consideration of
the benefits, privileges, and immunities provided to missions of the
United States in the country or territory represented by that foreign
mission.
"SEC. 202. "22 USC 4302." (a) For purposes of this title --
"(1) 'benefit' (with respect to a foreign mission) means any
acquisition, or authorization for an acquisition, in the United
States by or for a foreign mission, including the acquisition of
--
"(A) real property by purchase, lease, exchange, construction,
or otherwise,
"(B) public services, including services relating to customs,
importation, and utilities, and the processing of applications or
requests relating to public services,
"(C) supplies, maintenance, and transportation,
"(D) locally engaged staff on a temporary or regular basis,
"(E) travel and related services, and
(F) protective services, and includes such other benefits as
the Secretary may designate;
"(2) 'chancery' means the principal offices of a foreign
mission used for diplomatic or related purposes, and annexes to
such offices (including ancillary offices and support facilities),
and includes the site and any building on such site which is used
for such purposes;
"(3) 'Director' means the Director of the Office of Foreign
Missions established pursuant to section 203(a);
"(4) 'foreign mission' means any official mission to the United
States involving diplomatic, consular, or other governmental
activities of --
"(A) a foreign government, or
"(B) an organization (other than an international organization,
as defined in section 209(b) of this title) representing a
territory or political entity which has been granted diplomatic or
other official privileges and immunities under the laws of of the
United States, including any real property of such a mission and
including the personnel of such a mission;
"(5) 'real property' includes any right, title, or interest in
or to, or the beneficial use of, any real property in the United
States, including any office or other building;
"(6) 'Secretary' means the Secretary of State;
"(7) 'sending State' means the foreign government, territory,
or political entity represented by a foreign mission; and
"(8) 'United States' means, when used in a geographic sense,
the several States, the District of Columbia, the Commonwealth of
Puerto Rico, and the territories and possessions of the United
States.
"(b) Determinations with respect to the meaning and applicability of
the terms used in subsection (a) shall be committed to the discretion of
the Secretary.
"SEC. 203. "22 USC 4303." (a) The Secretary shall establish an
Office of Foreign Missions as an office within the Department of State.
The Office shall be headed by a Director, appointed by the Secretary,
who shall perform his or her functions under the supervision and
direction of the Secretary. The Secretary may delegate this authority
for supervision and direction of the Director only to the Deputy
Secretary of State or an Under Secretary of State.
"(b) The Secretary may authorize the Director to --
"(1) assist agencies of Federal, State, and municipal
government with regard to ascertaining and according benefits,
privileges, and immunities to which a foreign mission may be
entitled;
"(2) provide or assist in the provision of benefits for or on
behalf of a foreign mission in accordance with section 204; and
"(3) perform such other functions as the Secretary may
determine necessary in furtherance of the policy of this title.
"SEC. 204. "22 USC 4304." (a) Upon the request of a foreign mission,
benefits may be provided to or for that foreign mission by or through
the Director on such terms and conditions as the Secretary may approve.
"(b) If the Secretary determines that such action is reasonably
necessary on the basis of reciprocity or otherwise --
"(1) to facilitate relations between the United States and a
sending State,
"(2) to protect the interests of the United States,
"(3) to adjust for costs and procedures of obtaining benefits
for missions of the United States abroad, or
"(4) to assist in resolving a dispute affecting United States
interests and involving a foreign mission or sending State,
then the Secretary may require a foreign mission (A) to obtain benefits
from or through the Director on such terms and conditions as the
Secretary may approve, or (B) to comply with such terms and conditions
as the Secretary may determine as a condition to the execution or
performance in the United States of any contract or other agreement, the
acquisition, retention, or use of any real property, or the application
for or acceptance of any benefit (including any benefit from or
authorized by any Federal, State, or municipal governmental authority,
or any entity providing public services).
"(c) Terms and conditions established by the Secretary under this
section may include --
"(1) a requirement to pay to the Director a surcharge or fee,
and
"(2) a waiver by a foreign mission (or any assignee of or
person deriving rights from a foreign mission) of any recourse
against any governmental authority, any entity providing public
services, any employee or agent of such an authority or entity, or
any other person, in connection with any action determined by the
Secretary to be undertaken in furtherance of this title.
"(d) For purposes of effectuating a waiver of recourse which is
required under this section, the Secretary may designate the Director or
any other officer of the Department of State as the agent of a foreign
mission (or of any assignee of or person deriving rights from a foreign
mission). Any such waiver by an officer so designated shall for all
purposes (including any court or administrative proceeding) be deemed to
be a waiver by the foreign mission (or the assignee of or other person
deriving rights from a foreign mission).
"(e) Nothing in this section shall be deemed to preclude or limit in
any way the authority of the United States Secret Service to provide
protective services pursuant to section 202 of title 3, United States
Code, or section 3056 of title 18, United States Code, at a level
commensurate with protective requirements as determined by the United
States Secret Service.
"SEC. 205. "22 USC 4305." (a)(1) The Secretary may require any
foreign mission to notify the Director prior to any proposed
acquisition, or any proposed sale or other disposition, of any real
property by or on behalf of such mission. If such a notification is
required, the foreign mission (or other party acting on behalf of the
foreign mission) may initiate or execute any contract, proceeding,
application, or other action required for the proposed action --
"(A) only after the expiration of the 60-day period beginning
on the date of such notification (or after the expiration of such
shorter period as the Secretary may specify in a given case); and
"(B) only if the mission is not notified by the Secretary
within that period that the proposal has been disapproved;
however, the Secretary may include in such a notification such
terms and conditions as the Secretary may determine appropriate in
order to remove the disapproval.
"(2) For purposes of this section, 'acquisition' includes any
acquisition or alteration of, or addition to, any real property or any
change in the purpose for which real property is used by a foreign
mission.
"(b) The Secretary may require any foreign mission to divest itself
of, or forgo the use of, any real property determined by the Secretary
--
"(1) not to have been acquired in accordance with this section;
or
"(2) to exceed limitations placed on real property available to
a United States mission in the sending State.
"(c) If a foreign mission has ceased conducting diplomatic, consular,
and other governmental activities in the United States and has not
designated a protecting power or other agent approved by the Secretary
to be responsible for the property of that foreign mission, the
Secretary --
"(1) until the designation of a protecting power or other agent
approved by the Secretary, may protect and preserve any property
of that foreign mission; and
"(2) may authorize the Director to dispose of such property at
such time as the Secretary may determine after the expiration of
the one-year period beginning on the date that the foreign mission
ceased those activities, and may remit to the sending State the
net proceeds from such disposition.
"SEC. 206. "22 USC 4306." (a) The location, replacement, or
expansion of chanceries in the District of Columbia shall be subject to
this section.
"(b)(1) A chancery shall be permitted to locate as a matter of right
in any area which is zoned commercial, industrial, waterfront, or
mixed-use (CR).
"(2) A chancery shall also be permitted to locate --
"(A) in any area which is zoned medium-high or high density
residential, and
"(B) in any other area, determined on the basis of existing
uses, which includes office or institutional uses, including but
not limited to any area zoned mixed-use diplomatic or special
purpose,
subject to disapproval by the District of Columbia Board of Zoning
Adjustment in accordance with this section.
"(3) In each of the areas described in paragraphs (1) and (2), the
limitations and conditions applicable to chanceries shall not exceed
those applicable to other office or institutional uses in that area.
"(c)(1) If a foreign mission wishes to locate a chancery in an area
described in subsection (b)(2), or wishes to appeal an administrative
decision relating to a chancery based in whole or in part upon any
zoning map or regulation, it shall file an application with the Board of
Zoning Adjustment which shall publish notice of that application in the
District of Columbia Register.
"(2) Regulations issued to carry out this section shall provide
appropriate opportunities for participation by the public in proceedings
concerning the location, replacement, or expansion of chanceries.
"(3) A final determination concerning the location, replacement or
expansion of a chancery shall be made not later than six months after
the date of the filing of an application with respect to such location,
replacement, or expansion. Such determination shall not be subject to
the administrative proceedings of any other agency or official except as
provided in this title.
"(d) Any determination concerning the location of a chancery, under
subsection (b)(2), or concerning an appeal of an administrative decision
with respect to a chancery based in whole or in part upon any zoning
regulation or map, shall be based solely on the following criteria:
"(1) The international obligation of the United States to
facilitate the provision of adequate and secure facilities for
foreign missions in the Nation's Capital.
"(2) Historic preservation, as determined by the Board of
Zoning Adjustment in carrying out this section; and in order to
ensure compatibility with historic landmarks and districts,
substantial compliance with District of Columbia and Federal
regulations governing historic preservation shall be required with
respect to new construction and to demolition of or alteration to
historic landmarks.
"(3) The adequacy of off-street or other parking and the extent
to which the area will be served by public transportation to
reduce parking requirements, subject to such special security
requirements as may be determined by the Secretary, after
consultation with Federal agencies authorized to perform
protective services.
"(4) The extent to which the area is capable of being
adequately protected, as determined by the Secretary, after
consultation with Federal agencies authorized to perform
protective services.
"(5) The municipal interest, as determined by the Mayor of the
District of Columbia.
"(6) The Federal interest, as determined by the Secretary.
"(e)(1) Regulations, proceedings, and other actions of the National
Capital Planning Commission, the Zoning Commission for the District of
Columbia, and the Board of Zoning Adjustment affecting the location,
replacement, or expansion of chanceries shall be consistent with this
section (including the criteria set out in subsection (d)) and shall
reflect the policy of this title.
"(2) Proposed actions of the Zoning Commission concerning
implementation of this section shall be referred to the National Capital
Planning Commission for review and comment.
"(f) Regulations issued to carry out this section shall provide for
proceedings of a rule-making and not of an adjudicatory nature.
"(g) The Secretary shall require foreign missions to comply
substantially with District of Columbia building and related codes in a
manner determined by the Secretary to be inconsistent with the
international obligations of the United States.
"(h) Approval by the Board of Zoning Adjustment or the Zoning
Commission or, except as provided in section 205, by any other agency or
official is not required --
"(1) for the location, replacement, or expansion of a chancery
to the extent that authority to proceed, or rights or interests,
with respect to such location, replacement, or expansion were
granted to or otherwise acquired by the foreign mission before the
effective date of this section; or
"(2) for continuing use of a chancery by a foreign mission to
the extent that the chancery was being used by a foreign mission
on the effective date of this section.
"(i)(1) The President may designate the Secretary of Defense, the
Secretary of the Interior, or the Administrator of General Services (or
such alternate as such official may from time to time designate) to
serve as a member of the Zoning Commission in lieu of the Director of
the National Park Service whenever the President determines that the
Zoning Commission is performing functions concerning the implementation
of this section.
"(2) Whenever the Board of Zoning Adjustment is performing functions
regarding an application by a foreign mission with respect to the
location, expansion, or replacement of a chancery --
"(A) the representative from the Zoning Commission shall be the
Director of the National Park Service or if another person has
been designated under paragraph (1) of this subsection, the person
so designated; and
"(B) the representative from the National Capital Planning
Commission shall be the Executive Director of that Commission.
"(j) Provisions of law (other than this title) applicable with
respect to the location, replacement, or expansion of real property in
the District of Columbia shall apply with respect to chanceries only to
the extent that they are consistent with this section.
"SEC. 207. "22 USC 4307" Notwithstanding any other law, no act of
any Federal agency shall be effective to confer or deny any benefit with
respect to any foreign mission contrary to this title. Nothing in
section 202, 203, 204, or 205 may be construed to preempt any State or
municipal law or governmental authority regarding zoning, land use,
health, safety, or welfare, except that a denial by the Secretary
involving a benefit for a foreign mission within the jurisdiction of a
particular State or local government shall be controlling.
"SEC. 208. "22 USC 4308." (a) The Secretary may issue such
regulations as the Secretary may determine necessary to carry out the
policy of this title.
"(b) Compliance with any regulation, instruction, or direction issued
by the Secretary under this title shall to the extent thereof be a full
acquittance and discharge for all purposes of the obligation of the
person making the same. No person shall be held liable in any court or
administrative proceeding for or with respect to anything done or
omitted in good faith in connection with the administration of, or
pursuant to and in reliance on, this title, or any regulation,
instruction, or direction issued by the Secretary under this title.
"(c) For purposes of administering this title --
"(1) the Secretary may accept details and assignments of
employees of Federal agencies to the Office of Foreign Missions on
a reimbursable or nonreimbursable basis (with any such
reimbursements to be credited to the appropriations made available
for the salaries and expenses of officers and employees of the
employing agency); and
"(2) the Secretary may, to the extent necessary to obtain
services without delay, exercise his authority to employ experts
and consultants under section 3109 of title 5, United States Code,
without requiring compliance with such otherwise applicable
requirements for that employment as the Secretary may determine,
except that such employment shall be terminated after 60 days if
by that time those requirements are not complied with.
"(d) Contracts and subcontracts for supplies or services, including
personal services, made by or on behalf of the Director shall be made
after advertising, in such manner and at such times as the Secretary
shall determine to be adequate to ensure notice and opportunity for
competition, except that advertisement shall not be required when (1)
the Secretary determines that it is impracticable or will not permit
timely performance to obtain bids by advertising, or (2) the aggregate
amount involved in a purchase of supplies or procurement of services
does not exceed $10,000. Such contracts and subcontracts may be entered
into without regard to laws and regulations otherwise aplicable to
solicitation, negotiation, administration, and performance of government
contracts. In awarding contracts, the Secretary may consider such
factors as relative quality and availability of supplies or services and
the compatibility of the supplies or services with implementation of
this title.
"(e) The head of any Federal agency may, for purposes of this title
--
"(1) transfer or loan any property to, and perform
administrative and technical support functions and services for
the operations of, the Office of Foreign Missions (with
reimbursements to agencies under this paragraph to be credited to
the current applicable appropriation of the agency concerned);
and
"(2) acquire and accept services from the Office of Foreign
Missions, including (whenever the Secretary determines it to be in
furtherance of the purposes of this title) acquisitions without
regard to laws normally applicable to the acquisition of services
by such agency.
"(f) Assets of or under the control of the Office of Foreign
Missions, wherever situated, which are used by or held for the use of a
foreign mission shall not be subject to attachment, execution,
injunction, or similar process, whether intermediate or final.
"(g) Except as otherwise provided, any determination required under
this title shall be committed to the discretion of the Secretary.
"(h)(1) In order to implement this title, the Secretary may transfer
to the working capital fund established by section 13 of this Act "22
USC 2684" such amounts available to the Department of State as may be
necessary.
"(2) All revenues, including proceeds from gifts and donations,
received by the Director or the Secretary in carrying out this title may
be credited to the working capital fund established by section 13 of
this Act and shall be available for purposes of this title in accordance
with that section.
"(3) Only amounts transferred or credited to the working capital fund
established by section 13 of this Act may be used in carrying out the
functions of the Secretary or the Director under this title.
"SEC. 209. (a) The Secretary may make section 206, "22 USC 4309" or
any other provision of this title, applicable with respect to an
international organization to the same extent that it is applicable with
respect to a foreign mission if the Secretary determines that such
application is necessary to carry out the policy set forth in section
201(b) and to further the objectives set forth in section 204(b).
"(b) For purposes of this section, 'international organization' means
--
"(1) a public international organization designated as such
pursuant to the International Organizations Immunities Act (22 U.
S.C. 288-288f-2) or a public international organization created
pursuant to a treaty or other international agreement as an
instrument through or by which two or more foreign governments
engage in some aspect of their conduct of international affairs;
and
"(2) an official mission (other than a United States mission)
to such a public international organization,
including any real property of such an organization or mission and
including the personnel of such an organization or mission.
"SEC. 210. "22 USC 4310." Nothing in this title shall be construed
to limit the authority of the United States to carry out its
international obligations, or to supersede or limit immunities otherwise
available by law. No act or omission by any foreign mission, public
international organization, or official mission to such an organization,
in compliance with this title shall be deemed to be an implied waiver of
any immunity otherwise provided for by law.
"SEC. 211. "22 USC 4311." (a) It shall be unlawful for any person to
make available any benefits to a foreign mission contrary to this title.
The United States, acting on its own behalf or on behalf of a foreign
mission, has standing to bring or intervene in an action to obtain
compliance with this title, including any action for injunctive or other
equitable relief.
"(b) Upon the request of any Federal agency, any State or local
government agency, or any business or other person that proposes to
enter into a contract or other transaction with a foreign mission, the
Secretary shall advise whether the proposed transaction is prohibited by
any regulation or determination of the Secretary under this title.
"SEC. 212. "22 USC 4312." The authorities granted to the Secretary
pursuant to the provisions of this title shall be exercised in
accordance with procedures and guidelines approved by the President.
"SEC. 213. "22 USC 4313." If any provision of this title or the
application thereof to any person or circumstance is held invalid, the
remainder of this title and the application of such provision to any
other person or circumstance shall not be affected thereby.".
SEC. 203.(a) Section 13 of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2684) is amended in the first sentence by striking
out "and" following the semicolon at the end of clause (3), and by
inserting immediately before the period at the end of the sentence the
following: "; and (5) services and supplies to carry out title II of
this Act".
(b)(1) Subparagraph (A) of section 2(1) of the Diplomatic Relations
Act (22 U.S.C. 254a(1)(A)) is amended to read as follows:
"(A) the head of a mission and those members of a mission who
are members of the diplomatic staff or who, pursuant to law, are
granted equivalent privileges and immunities,".
(2) Section 3(b) of such Act (22 U.S.C. 254b) is amended to read as
follows:
"(b) With respect to a nonparty to the Vienna Convention, the
mission, the members of the mission, their families, and diplomatic
couriers shall enjoy the privileges and immunities specified in the
Vienna Convention.".
(3) Section 4 of such Act (22 U.S.C. 254c) is amended --
(A) by inserting "the mission, the" immediately after
"immunities for"; and
(B) by striking out "of any sending state".
(4) Section 1364 of title 28, United States Code, is amended by
striking out "as defined in the Vienna Convention on Diplomatic
Relations" and inserting in lieu thereof "within the meaning of section
2(3) of the Diplomatic Relations Act (22 U.S.C. 254a(3))".
(c) Section 6 of the Act of June 20, 1938 (D.C. Code, 1981 ed., sec.
5-418) is amended by striking out "(a)", and by striking out subsections
(b), (c), (d), and (e).
SEC. 204. "22 USC 4301 note." The amendments made by this title
shall take effect on October 1, 1982.
SEC. 301. This title may be cited as the "United States Information
Agency Authorization Act, Fiscal Years 1982 and 1983".
SEC. 302. There are authorized to be appropriated for the United
States Information Agency, as so redesignated by section 303 of this
Act, $494,034,000 for the fiscal year 1982 and $559,000,000 for the
fiscal year 1983 to carry out international communication, educational,
cultural, and exchange programs under the United States Information and
Educational Exchange Act of 1948, "22 USC 1431 note" the Mutual
Educational and Cultural Exchange Act of 1961, "22 USC 2451 note" and
Reorganization Plan Numbered 2 of 1977, "5 USC app." and other purposes
authorized by law.
SEC. 303. "22 USC 1461 note." (a) The International Communication
Agency, established by Reorganization Plan Numbered 2 of 1977, "5 USC
app." is hereby redesignated the United States Information Agency. The
Director of the International Communication Agency or any other official
of the International Communication Agency is hereby redesignated the
Director or other official, as appropriate, of the United States
Information Agency.
(b) Any reference in any statute, reorganization plan, Executive
order, regulation, agreement, determination, or other official document
or proceeding to the International Communication Agency or the Director
or other official of the International Communication Agency shall be
deemed to refer respectively to the United States Information Agency or
the Director or other official of the United States Information Agency,
as so redesignated by subsection (a).
SEC. 304. (a)(1) Title III of the United States Information and
Educational Exchange Act of 1948 (22 U.S.C. 1451-1453) is amended --
(A) in section 301 "22 USC 1451" by striking out "citizen of
the United States" and inserting in lieu thereof "person"; and
(B) in sections 302 and 303 "22 USC 1452, 1453" by striking out
"citizen of the United States" and inserting in lieu thereof
"person in the employ or service of the Government of the United
States".
(2) Such title is further amended --
(A) in section 301 --
(i) by striking out "Secretary" the first place it appears and
inserting in lieu thereof "Director of the United States
Information Agency", and
(ii) by striking out "Secretary" the second place it appears
and inserting in lieu thereof "Director"; and
(B) in section 303 by striking out "Secretary" and inserting in
lieu thereof "Director of the United States Information Agency".
(3) Section 302 of such Act is amended --
(A) in the second sentence by striking out "section 901(3) of
the Foreign Service Act of 1946 (60 Stat. 999)" and inserting in
lieu thereof "section 905 of the Foreign Service Act of 1980";
and
(B) in the last sentence by striking out "section 1765 of the
Revised Statutes" and inserting in lieu thereof "section 5536 of
title 5, United States Code".
(b) Section 802 of such Act (22 U.S.C. 1472) is amended --
(1) by inserting "(a)" immediately after "SEC. 802."; and (2) by
adding at the end thereof the following new subsection:
"(b)(1) Any contract authorized by subsection (a) and described in
paragraph (3) of this subsection which is funded on the basis of annual
appropriations may nevertheless be made for periods not in excess of 5
years when --
"(A) appropriations are available and adequate for payment for
the first fiscal year and for all potential cancellation costs;
and
"(B) the Director of the United States Information Agency
determines that --
"(i) the need of the Government for the property or service
being acquired over the period of the contract is reasonably firm
and continuing;
"(ii) such a contract will serve the best interests of the
United States by encouraging effective competition or promoting
economies in performance and operation; and
"(iii) such method of contracting will not inhibit small
business participation.
"(2) In the event that funds are not made available for the
continuation of such a contract into a subsequent fiscal year, the
contract shall be canceled and any cancellation costs incurred shall be
paid from appropriations originally available for the performance of the
contract, appropriations currently available for the acquisition of
similar property or services and not otherwise obligated, or
appropriations made for such cancellation payments.
"(3) This subsection applies to contracts for the procurement of
property or services, or both, for the operation, maintenance, and
support of programs, facilities, and installations for or related to
telecommunication activities, newswire services, and the distribution of
books and other publications in foreign countries.".
(c) Paragraph (16) of section 804 of such Act (22 U.S.C. 1474(16)) is
amended by inserting "and security" immediately after "right-hand
drive".
(d) Section 804 of such Act (22 U.S.C. 1474) is amended --
(1) by striking out "and" at the end of paragraph (18);
(2) by striking out the period at the end of paragraph (19) and
inserting in lieu thereof "; and"; and
(3) by adding at the end of the section the following new
paragraph:
"(20) subject to the availability of appropriated funds,
purchase motion picture, radio and television producers' liability
insurance to cover errors and omissions or similar insurance
coverage for the protection of interests in intellectual
property.".
(e) Title VIII of such Act (22 U.S.C. 1471-1475b) is amended by
adding at the end thereof the following new sections:
"SEC. 808. "22 USC 1475c". If an Associate Director of the United
States Information Agency dies, resigns, or is sick or absent, the
Associate Director's principal assistant shall perform the duties of the
office until a successor is appointed or the absence or sickness stops.
"SEC. 809. "22 USC 1475d." A cultural exchange, international fair
or exposition, or other exhibit or demonstration of United States
economic accomplishments and cultural attainments, provided for under
this Act or the Mutual Educational and Cultural Exchange Act of 1961
shall not be considered a 'public work' as that term is defined in the
first section of the Act of August 16, 1941 (42 U.S.C. 1651; commonly
known as the 'Defense Base Act').
"SEC. 810. (a) Notwithstanding section 3617 "22 USC 1475e" of the
Revised Statutes of the United States (31 U.S.C. 484) or any other law
or limitation of authority, tuition fees or other payments received by
or for the use of the International Communication Agency from or in
connection with English-teaching programs conducted by or on behalf of
the Agency under the authority of this Act or the Mutual Educational and
Cultural Exchange Act of 1961 may be credited to the Agency's applicable
appropriation to such extent as may be provided in advance in an
appropriation Act.
"(b) This section shall take effect on October 1, 1982."
(f) Section 1011(h) of such Act (22 U.S.C. 1442(h)) is amended by
adding at the end thereof the following new paragraph:
"(4) Section 701(a) of this Act shall not apply with respect to any
amounts appropriated under this section for the purpose of liquidating
the notes (and any accrued interest thereon) which were assumed in the
operation of the informational media guaranty program under this section
and which were outstanding on the date of enactment of this paragraph.".
SEC. 305. (a) The Congress finds that --
(1) United States Government sponsorship of international
exchange-of-persons activities has, during the postwar era,
contributed significantly to United States national security
interests;
(2) during the 1970's, while United States programs declined
dramatically, Soviet exchange-of-persons activities increased
steadily in pace with the Soviet military buildup;
(3) as a consequence of these two trends, Soviet
exchange-of-persons programs now far exceed those sponsored by the
United States Government and thereby provide the Soviet Union an
important means of extending its worldwide influence;
(4) the importance of competing effectively in this area is
reflected in the efforts of major United States allies, whose
programs also represent far greater emphasis on
exchange-of-persons activities than is demonstrated by the current
United States effort; and
(5) with the availability of increased resources, the United
States exchange-of-persons program could be greatly strengthened,
both qualitatively and quantitatively.
(b) It is therefore the sense of the Congress that --
(1) United States exchange-of-persons activities should be
strengthened;
(2) the allocation of resources necessary to accomplish this
improvement would constitute a highly cost-effective means of
enhancing the United States national security; and
(3) because of the integral and continuing national security
role of exchange-of-persons programs, such activities should be
accorded a dependable source of long-term funding.
(c) The amount obligated by the United States Information Agency "22
USC 2455 note" each fiscal year for grants for exchange-of-persons
activities shall be increased, through regular annual increases, so that
by the fiscal year 1986 the amount obligated for such grants is at least
double (in terms of constant dollars) the amount obligated for such
grants for the fiscal year 1982.
(d)(1) In furtherance of the purposes of subsection (c), "22 USC 2455
note" the Congress directs that of the amount appropriated for the
United States Information Agency for the fiscal year 1983 --
(A) $84,256,000 shall be available only for grants for the
Fulbright Academic Exchange Programs and the International Visitor
Program; and
(B) $3,248,000 shall be available only for grants for the
Humphrey Fellowship Program; and
(C) $8,906,000 shall be available only for grants to private,
not-for-profit organizations engaging in exchange-of-persons
programs;
subject to paragraphs (2) and (3) of this subsection.
(2) If the amount appropriated for the United States Information
Agency for the fiscal year 1983 is less than the amount authorized for
the fiscal year 1983, then the amounts specified in subparagraphs (A)
through (C) of paragraph (1) shall each be deemed to be reduced to the
amount which bears the same ratio to the specified amount as the amount
appropriated bears to the amount authorized. For purposes of this
paragraph --
(A) the term "amount appropriated" means the amount
appropriated under section 302 of this Act (less any rescissions),
and does not include amounts appropriated under section 704 of the
United States Information and Educational Exchange Act of 1948 "22
USC 1477b" (relating to nondiscretionary personnel costs and
currency fluctuations) or under any other provision of law; and
(B) the term "amount authorized" means the amount authorized to
be appropriated by section 302 of this Act, less an amount equal
to any amount which was withheld from appropriation (or was
rescinded) in order to reduce the amount available for a
particular program or activity.
(3) The Director of the United States Information Agency may
authorize up to 5 percent of the amount earmarked under subparagraph
(A), (B), or (C) of paragraph (1) to be used for a purpose other than
the exchange-of-persons activities specified in that subparagraph. Not
less than 15 days prior to any such authorization, the Director shall
submit to the Committee on Foreign Affairs of the House of
Representatives, and to the Committee on Foreign Relations of the
Senate, a justification for authorizing the use of earmarked funds for a
purpose other than the specified exchange-of-persons activities.
SEC. 306. (a) Notwithstanding the second sentence of section 501 of
the United States Information and Educational Exchange Act of 1948 (22
U.S.C. 1461) --
(1) the Director of the United States Information Agency shall
make available to the Administrator of General Services a master
copy of each of the films listed in subsection (b) of this
section; and
(2) the Administrator shall reimburse the Director for any
expenses of the Agency in making that master copy available, shall
secure any licenses or other rights required for distribution of
that film within the United States, shall deposit that film in the
National Archives of the United States, and shall make copies of
that film available for purchase and public viewing within the
United States.
Any reimbursement to the Director pursuant to this section shall be
credited to the applicable appropriation of the United States
Information Agency.
(b) The films to be made available pursuant to this section are the
following: "Reflections: Samuel Eliott Morison"; "And Now Miguel";
and "In their Own Words".
SEC. 401. This title may be cited as the "Board for International
Broadcasting Authorization Act, Fiscal Years 1982 and 1983". "22 USC
2871 note."
SEC. 402. Subparagraph (A) of section 8(a)(1) of the Board for
International Broadcasting Act of 1973 (22 U.S.C. 2877(a)(1)(A)) is
amended to read as follows:
"(A) $86,519,000 for the fiscal year 1982 and $98,317,000 for
the fiscal year 1983; and".
SEC. 403. (a) The Board for International Broadcasting Act of 1973
(22 U.S.C. 2871-2879) is amended by adding at the end thereof the
following new section:
"SEC. 11. "22 USC 2880." (a) Effective 60 days after the date of
enactment of this section, no grant may be made under this Act to RFE/
RL, Incorporated, unless the certificate of incorporation of RFE/RL,
Incorporated, has been amended to provide that --
"(1) the Board of Directors of RFE/RL, Incorporated, shall
consist of the members of the Board for International Broadcasting
and of no other members, except that the member of the Board for
International Broadcasting who is an ex officio member of that
Board because of his or her position as chief operating executive
of RFE/RL, Incorporated, may participate in the activities of the
Board of Directors but may not vote in the determinations of the
Board of Directors; and
"(2) such Board of Directors shall make all major policy
determinations governing the operation of RFE/RL, Incorporated,
and shall appoint and fix the compensation of such managerial
officers and employees of RFE/RL, Incorporated, as it deems
necessary to carry out the purposes of this Act.
"(b) Compliance with the requirement of paragraph (1) of subsection
(a) shall not be construed to make RFE/RL, Incorporated, a Federal
agency or instrumentality.".
(b)(1) Section 3(b)(1) of such Act (22 U.S.C. 2872(b)(1)) is amended
to read as follows:
"(b)(1) COMPOSITION OF BOARD. -- The Board shall consist of ten
members, one of whom shall be an ex officio member. The President shall
appoint, by and with the advice and consent of the Senate, nine voting
members, one of whom the President shall designate as chairman. Not
more than five of the members of the Board appointed by the President
shall be of the same political party. The chief operating executive of
RFE/RL, Incorporated, shall be an ex officio member of the Board and may
participate in the activities of of the Board, but may not vote in the
determinations of the Board.".
(2) Sections 3(b)(3) and (4) of that Act (22 U.S.C. 2872(b)(3) and
(4)) are amended to read as follows:
"(3) TERM OF OFFICE OF PRESIDENTIALLY APPOINTED MEMBERS. -- The term
of office of each member of the Board appointed by the President shall
be three years, except that the terms of office of the individuals
initially appointed as the four additional voting members of the Board
who are provided for by the Board for International Broadcasting
Authorization Act, Fiscal Years 1982 and 1983, shall be one, two, or
three years (as designated by the President at the time of their
appointment) so that the terms of one-third of the voting members of the
Board expire each year. The President shall appoint, by and with the
advice and consent of the Senate, members to fill vacancies occurring
prior to the expiration of a term, in which case the members so
appointed shall serve for the remainder of such term. Any member whose
term has expired may serve until his or her successor has been appointed
and qualified.
"(4) TERM OF OFFICE OF THE EX OFFICIO MEMBER. -- The ex officio
member of the Board shall serve on the Board during his or her term of
service as chief operating executive of RFE/RL, Incorporated.".
SEC. 404. Any program of the United States Government involving
radio broadcasts directed principally to Cuba, for which funds are
authorized to be appropriated by this Act or any other Act, shall be
designated as "Radio Marti".
SEC. 501. (a) Section 401(s)(2) of the Foreign Assistance Act of
1969 (22 U.S.C. 290f(s)(2)) is amended in the first sentence by striking
out "$25,000,000 for each of the fiscal years 1979 and 1980" and
inserting in lieu thereof "$12,000,000 for the fiscal year 1982 and
$12,800,000 for the fiscal year 1983".
(b) Section 401(h) of that Act (22 U.S.C. 290f(h)) is amended by
striking out "actual and necessary expenses not in excess of $50 per
day, and for transportation expenses" and inserting in lieu thereof
"travel expenses, including per diem in lieu of subsistence, in
accordance with section 5703 of title 5, United States Code".
(c) Section 401 of that Act is further amended by adding at the end
thereof the following new subsection:
"(u) When, with the permission of the Foundation, funds made
available to a grantee under this section are invested pending
disbursement, the resulting interest is not required to be deposited in
the United States Treasury if the grantee uses the resulting interest
for the purposes for which the grant was made. This subsection applies
with respect to both interest earned before and interest earned after
the enactment of this subsection.".
SEC. 502. (a) Not later than 60 days after the date of enactment of
this Act, the President shall prepare and transmit to the Congress a
full and complete report on the total cost of Federal, State, and local
efforts to assist refugees and Cuban and Haitian entrants within the
United States or abroad for each of the fiscal years 1981 and 1982.
Such report shall include and set forth for each such fiscal year --
(1) the costs of assistance for resettlement of refugees and
Cuban and Haitian entrants within the United States or abroad;
(2) the costs of United States contributions to foreign
governments, international organizations, or other agencies which
are attributable to assistance for refugees and Cuban and Haitian
entrants;
(3) the costs of Federal, State, and local efforts other than
those described in paragraphs (1) and (2) to assist and provide
services for refugees and Cuban and Haitian entrants;
(4) administrative and operating expenses of Federal, State,
and local governments that are attributable to programs of
assistance or services described in paragraphs (1), (2), and (3);
and
(5) administrative and operating expenses incurred by the
United States because of the entry of such aliens into the United
States.
(b) For purposes of this section --
(1) the term "refugees" is used within the meaning of paragraph
(42) of section 101(a) of the Immigration and Nationality Act; "8
USC 1101" and
(2) the term "Cubans and Haitian entrants" means Cuban and
Haitians paroled into the United States, pursuant to section 212(
d)(5) of the Immigration and Nationality Act, "8 USC 1182" during
1980 who have not been given or denied refugee status under that
Act.
SEC. 503. (a) Section 6(4) of the Japan-United States Friendship Act
(22 U.S.C. 2905(4)) is amended by striking out "and not to exceed 5 per
centum annually of the principal of the Fund" and inserting in lieu
thereof ", any amount of the contributions deposited in the Fund from
nonappropriated sources pursuant to paragraph (2) or (3) of this
section, and not to exceed 5 percent annually of the principal of the
total amount appropriated to the Fund".
(b) Section 7(e) of such Act (22 U.S.C. 2906(e)) is amended by
inserting after "amounts received" the following: "(including amounts
earned as interest on, and proceeds from the sale or redemption of,
obligations purchased with amounts received)".
SEC. 504. The Congress expresses its strong support for the
promotion by the United States of sound infant feeding practices, and
continues to be concerned with the sole negative vote cast by the United
States against the International Code of Marketing of Breastmilk
Substitutes. The Congress urges the President, in light of
congressional concern and of new indications of international support
for general implementation of the Code, to review the United States
position on the Code prior to the 25th World Health Assembly meeting.
The Congress also urges United States infant formula manufacturers to
continue to re-examine their own position regarding the Code.
SEC. 505. (a) The following provisions of law are repealed:
(1) Section 408 of the Act "22 USC 287c note" entitled "An Act
to authorize appropriations for fiscal years 1980 and 1981 for the
Department of State, the International Communication Agency, and
the Board for International Broadcasting", approved August 15,
1979.
(2) Sections 121(b), 122(b), 504(e), 601(b), 603(c), 608(c),
609(c), 610(c), 611(b), 613(b), 705(a), 709, and 711 of the
Foreign Relations Authorization Act, "22 USC 4195 note, 2680 note,
2656d; 92 Stat. 984; 22 USC 2656 note, 2656d note; 92 Stat.
988, 989; 22 USC 2151 note, 1731 note, 2370 note, 2220a note"
Fiscal Year 1978.
(3) Sections 107(b), 109(a)(7), 414(b), 501, 503(b), 505(a),
and 513 of the Foreign Relations Authorization Act, "91 Stat.
845; 22 USC 2384 note, 4021 note; 91 Stat. 857, 858, 862; 22
USC 2151 note" Fiscal Year 1978.
(4) Section 403 of the Foreign Relations Authorization Act, "22
USC 2871 note" Fiscal Year 1977.
(5) Sections 102(b) and 503(b) of the Foreign Relations
Authorization Act, Fiscal Year 1976.
(6) Section 15 of the State Department/USIA Authorization Act,
Fiscal Year 1975.
(b)(1) Sections 121, 122, 601, 611, and 613 of the Foreign Relations
Authorization Act, "89 Stat. 756, 772" Fiscal Year 1979, sections 107,
414, and 503 of the Foreign Relations Authorization Act, "22 USC 2151
note" Fiscal Year 1978, and section 503 of the Foreign Relations
Authorization Act "22 USC 4195 note, 2680 note; 92 Stat. 984; 22 USC
1731 note, 2370 note" Fiscal Year 1976, are each amended by striking out
"(a)".
(2) Section 705 of the Foreign Relations Authorization Act, "91 Stat.
845; 22 USC 4021 note; 91 Stat 858, 89 Stat. 772" Fiscal Year 1979,
and section 505 of the Foreign Relations Authorization Act, "22 USC 2151
note" Fiscal Year 1978, are each amended by striking out "(b)".
(3) Section 102 of the Foreign Relations Authorization Act, "91 Stat.
858" Fiscal Year 1976, is amended by striking out "(a) Except as
provided in subsection (b), "89 Stat. 756" no" and inserting in lieu
thereof "No".
Approved August 24, 1982.
LEGISLATIVE HISTORY -- S. 1193 (H.R. 3518) (3467):
HOUSE REPORTS: No. 97-102, Pt. 1 (Comm. on Foreign Affairs), Pt. 2
(Comm. on the District of Columbia), both accompanying H.R. 3518; No.
97-55 accompanying H.R. 3467 (Comm. on Armed Services).
SENATE REPORTS: No. 97-71 (Comm. on Foreign Relations) and No.
97-430 accompanying H.R. 3467 (Comm. on Foreign Relations).
CONGRESSIONAL RECORD: Vol. 127 (1981): June 8, H.R. 3467 considered
and passed House. June 17, 18, considered and passed Senate. Oct. 29,
considered and passed House, amended. Vol. 128 (1982): Aug. 9, Senate
agreed to conference report. Aug. 11, House agreed to conference
report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: Vol. 18, No. 34
(1982): Aug. 24, Presidential statement.
PUBLIC LAW 97-240, 96 STAT. 272
" National Disabled Veterans
Week".
Whereas there are two million three hundred thousand veterans with
disabilities resulting from their service in the United States Armed
Forces;
Whereas these disabled veterans have sacrificed their well-being in
the service of their country;
Whereas many of these disabled veterans endure severe disabilities,
such as loss of limb, paralysis, blindness, deafness, and delayed--,
stress syndrome and other mental disorders;
Whereas these disabled veterans consistently experience inordinately
high rates of joblessness; and
Whereas these disabled veterans have made vital contributions to the
national security and welfare by helping our Nation preserve its
freedom, strength, and prosperity: 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
November 7, 1982, as " National Disabled Veterans Week", in recognition
of the contributions that veterans with service--, connected
disabilities have made to the national security and welfare of the
United States and calling upon government agencies at the Federal,
State, and local levels and the people of the United States to observe
the week with appropriate programs, ceremonies, and activities.
Approved August 20, 1982.
LEGISLATIVE HISTORY-S.J. Res. 123:
CONGRESSIONAL RECORD:
Vol. 127 (1981): Dec. 11, considered and passed Senate.
Vol. 128 (1982): Aug. 5, considered and passed House.
PUBLIC LAW 97-239, 96 STAT. 271
1983, as " National Coin Week".
Whereas coin collecting is a hobby enjoyed by millions of Americans;
and
Whereas coin collecting is an endeavor that has educational and
cultural value; and
Whereas coin collecting promotes greater understanding of our history
and heritage; and
Whereas coin collecting contributes to the preservation of material
of historical significance: 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 April 17 to
April 23, 1983, as " National Coin Week", and calling on the people of
the United States to observe such week with appropriate activities and
ceremonies.
Approved August 20, 1982.
LEGISLATIVE HISTORY-H.J. Res. 516:
CONGRESSIONAL RECORD, Vol. 128 (1982):
Aug. 5, considered and passed House.
Aug. 12, considered and passed Senate.
PUBLIC LAW 97-238, 96 STAT. 269
reversionary interest held by the
United States in certain lands located in Christian
County, Kentucky, so that such
lands may be used for cemetery purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That, with respect to
1.52 acres of land in Christian County, Kentucky, described in section 2
of this Act, the Secretary of Agriculture, on behalf of the United
States, shall release the Commonwealth of Kentucky, without
consideration, from the condition contained in a deed dated July 9,
1954, between the United States and the Commonwealth of Kentucky
granting certain lands in Christian County, Kentucky, of which the
described lands are a part, that requires that the lands so granted be
used for public purposes and provides for a reversion of such land to
the United States if at any time it ceases to be so used: Provided,
That such release shall in no way affect the interests of the United
States in coal, oil, gas, and other minerals (not outstanding or
reserved in third parties) reserved by the United States in the
described lands: Provided further, That such release shall be
applicable so long as the described lands are used exclusively for
cemetery purposes.
Sec. 2. The 1.52 acre tract described in section 1 lies on the west
side of Kentucky Highway numbered 109, touching the Tabernacle Church
and Cemetery on the west side, and is more particularly described as
follows: Beginning at an iron pipe on the west side of an old road the
same being the north east corner of the Tabernacle Cemetery property;
thence, north 76 degrees and 30 minutes east, and in line with the north
side of the above mentioned cemetery 237.90 feet to an iron pipe in the
right-of-way line of Kentucky Highway numbered 109; thence, in line
with the right-of-way line of the highway south 54 degrees 45 minutes
east 292.80 feet to an iron pipe in the right-of-way line of Kentucky
Highway numbered 109; thence, south 78 degrees 00 minutes west and in
line with the south side of the Tabernacle Cemetery property 384.60 feet
to a concrete monument the same being the south east corner of the
cemetery property; thence, north 25 degrees 30 minutes west and in line
with the east side of said cemetery 211.03 feet to an iron pipe, the
same being the place of the beginning.
Approved August 20, 1982.
LEGISLATIVE HISTORY-S. 2154 (H.R. 6195):
HOUSE REPORT No. 97 - 700 accompanying H.R. 6195 (Comm. on
Agriculture).
SENATE REPORT No. 97 - 333 (Comm. on Agriculture, Nutrition, and
Forestry).
CONGRESSIONAL RECORD, Vol. 128 (1982):
May 5, considered and passed Senate.
Aug. 9, H.R. 6195 considered and passed House; S. 2154, passed
in lieu.
PUBLIC LAW 97-237, 96 STAT. 267
phase of the Space Shuttle
program.
Whereas when the Space Shuttle Columbia flew through a blazing
re-entry and skimmed to a perfect landing on the 4th of July 1982, at
Edwards Air Force Base, California, the National Aeronautics and Space
Administration successfully completed the test flight phase of the Space
Shuttle program and began a new era of operational Space Shuttle
missions;
Whereas in four test missions, the Space Shuttle Columbia, a reusable
spaceship designed to provide routine space travel for a wide variety of
scientific, commercial, and military payloads at reduced costs and with
a high reliability of success, lived up to its promise as the most
advanced spacecraft in the world;
Whereas in four test missions, the Columbia was lifted from Earth,
orbited in the vacuum of space like a satellite, operated a variety of
scientific experiments, tested the capability of the remote manipulator
system to deploy satellites in orbit and to retrieve satellites,
descended into the Earth's atmosphere, was piloted by astronauts like a
conventional winged airplane, and was landed at Edwards Air Force Base,
California, and at White Sands missile range, New Mexico;
Whereas the Space Shuttle Columbia, the newly completed Space Shuttle
Challenger, and the sister Shuttles Discovery and Atlantis, now under
construction, will be able to fly repeatedly back and forth from space
as an operational space transportation system;
Whereas the Space Shuttle orbiters will accommodate an unprecedented
variety of payloads including a fully equipped scientific laboratory
(Spacelab) provided by the European space agency, underscoring the
commitment of the United States to international cooperation in space
activities;
Whereas using the unique qualities of the space environment
(weightlessness and a near perfect vacuum) the Space Shuttle orbiters
will be used for experiments to produce special alloys, metals, glasses,
crystals, and pharmaceuticals that cannot be performed on Earth;
Whereas the Space Shuttle orbiters will place in orbit satellites to
observe the Earth's weather, provide improved communications, discover
new mineral resources, monitor crop and timber yields, help United
States forces to navigate, and monitor arms control agreements;
Whereas the Space Shuttle orbiters will also place in orbit the most
powerful space telescope and will launch scientific probes to explore
the planets;
Whereas the Space Shuttle program is a national enterprise,
geographically and technologically, requiring tens of thousands of
skilled workers to design, develop, test and evaluate the various Space
Shuttle components;
Whereas the Space Shuttle program has been judged by independent
research organizations to have a positive effect on the national
economy, creating jobs, reducing inflationary pressures, and forwarding
the development of advanced technologies; and
Whereas the Space Shuttle program is a source of great national pride
and the United States now holds world leadership in its proven ability
to operate a reusable Space Shuttle: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the Congress of the United
States congratulates the National Aeronautics and Space Administration,
the members of the Astronaut Corps, prime contractor Rockwell
International, associate contractors Martin Marietta and Thiokol, the
thousands of Shuttle subcontractors throughout the United States, and
the tens of thousands of dedicated Space Shuttle workers who contributed
to the successful completion of the Space Shuttle test flight period and
to the entry of our Nation into a promising new era of spaceflight for
the benefit of the people of the United States and all mankind.
Approved August 20, 1982.
LEGISLATIVE HISTORY-H.J. Res. 541:
CONGRESSIONAL RECORD, Vol. 128 (1982):
July 26, considered and passed House.
Aug. 4, considered and passed Senate, amended.
Aug. 10, House concurred in Senate amendments.
PUBLIC LAW 97-236, 96 STAT. 266
proclamation designating October
17 through October 23, 1982, as " Lupus Awareness
Week".
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 October 17
through October 23, 1982, as " Lupus Awareness Week", and calling upon
the people of the United States to observe such week with appropriate
ceremonies and activities.
Approved August 17, 1982.
LEGISLATIVE HISTORY-S.J. Res. 183:
CONGRESSIONAL RECORD, Vol. 128 (1982):
June 24, considered and passed Senate.
Aug. 5, considered and passed House.
PUBLIC LAW 97-235, 96 STAT. 265
" National Family Week".
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the President is hereby
authorized and requested to issue a proclamation designating the week of
November 21 through 27, 1982, as " National Family Week", and inviting
the Governors of the several States, the chief officials of local
governments, and the people of the United States to observe such week
with appropriate ceremonies and activities.
Approved August 16, 1982.
LEGISLATIVE HISTORY-S.J. Res. 190:
CONGRESSIONAL RECORD, Vol. 128 (1982):
May 26, considered and passed Senate.
Aug. 5, considered and passed House.
PUBLIC LAW 97-234, 96 STAT. 261
Ex-Prisoners of War.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1. // 36 USC 2101. // American Ex-Prisoners of War,
organized and incorporated under the Washington Nonprofit Corporation
Act (Wash. Rev. Code Ann. 24.03.005) of the State of Washington by
Charles Morgan, Junior, San Antonio, Texas; Edward Fisher, Fairhaven,
Massachusetts; Charles Miller, La Jolla, California; C. Earl
Derrington, Jackson, Mississippi; Edward Parks, Middleboro,
Massachusetts; Henry Goodall, Houston, Texas; Stanley Sommers,
Marshfield, Wisconsin; Edward Allen, N. Olmstead, Ohio; Irving
Rittenberg, Brookline, Massachusetts; Edgar Van Valkenberg, Saint
Petersburg, Florida; W.C. Musten, Winston-Salem, North Carolina;
Clifford Omtvedt, Eau Claire, Wisconsin; Orlo Natvig, Charles City,
Iowa; H.C. Griffin, Houston, Texas; Milton Moore, El Paso, Texas;
Marie Harre, Fairway, Kansas; Alfred Galloway, Seattle, Washington;
Reginald Reed, Bremerton, Washington; Ralph Moulis, Tucson, Arizona;
Betty Rodriquez, Albuquerque, New Mexico; Randall Briere, San Antonio,
Texas; Joseph G. Schisser, San Leon, Texas; Herman Molen, Las Vegas,
Nevada; Joseph B. Upton, Saint Louis, Missouri; Harold Page, Buckley,
Washington; D.C. Wimberly, Springhill, Louisiana; Albert Braun,
Phoenix, Arizona; Melvin Madero, San Diego, California; Tillman
Rutledge, San Antonio, Texas; Benson Guyton, Decatur, Alabama; Frank
Hawkins, Oklahoma City, Oklahoma; Melvin Routt, Tracy, California;
John Romine, Muskogee, Oklahoma; Christopher Morgan, Old Bridge, New
Jersey; Allen Smith, Diana, Texas; and John G. Flynn, San Antonio,
Texas, is hereby recognized as such and is granted a charter.
Sec. 2. // 36 USC 2102. // American Ex-Prisoners of War (hereafter
in this Act 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 2103. // The objects and purposes of the
corporation are those provided in its articles of incorporation and
shall include--,
(1) encouragement of fraternity for the common good;
(2) fostering patriotism and loyalty;
(3) assistance to widows and orphans of deceased ex-prisoners
of war;
(4) assistance to ex-prisoners of war who have been injured or
handicapped as a result of their service;
(5) maintenance of allegiance to the United States of America;
(6) preservation and defense of the United States from all of
her enemies; and
(7) maintenance of historical records.
Sec. 4. // 36 USC 2104. // 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 2105. // 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 2106. // 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 2107. // 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 2108. // (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.
(f) The corporation shall retain and maintain its status as a
corporation organized and incorporated under the laws of the State of
Washington.
Sec. 9. // 36 USC 2109. // 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 2110. // 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:
"(57) American Ex-Prisoners of War.".
Sec. 12. // 36 USC 2111. // 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 is 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 2112. // The right to alter, amend, or repeal
this Act is expressly reserved to the Congress.
Sec. 14. // 36 USC 2113. // 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 2114. // 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 2115. // The corporation shall have the sole and
exclusive right to use and to allow or refuse to others the use of the
terms " American Ex-Prisoners of War", and the official American
Ex-Prisoners of War emblem or any colorable simulation thereof. No
powers or privileges hereby granted shall, however, interfere or
conflict with established or vested rights.
Sec. 17. // 36 USC 2116. // If the corporation shall fail to comply
with any of the restrictions or provisions of this Act the charter
granted hereby shall expire.
Approved August 10, 1982.
LEGISLATIVE HISTORY-H.R. 5380 (S. 2174):
HOUSE REPORT No. 97 - 643 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 128 (1982):
July 20, considered and passed House.
July 28, considered and passed Senate.
PUBLIC LAW 97-233, 96 STAT. 260
in El Salvador.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That section 728(e) of the
International Security and Development Cooperation Act of 1981 // 95
Stat. 1555. 22 USC 2370 // is amended by adding at the end thereof the
following: " The second certification required under this section may
be made only if it includes a determination by the President that the
Government of El Salvador (1) has made good faith efforts since the
first such certification was made to investigate the murders of those
six United States citizens and to bring to justice those responsible for
those murders, and (2) has taken all reasonable steps to investigate the
disappearance of journalist John Sullivan in El Salvador in January
1981.".
Approved August 10, 1982.
LEGISLATIVE HISTORY-H.J. Res. 494 (S.J. Res. 208):
CONGRESSIONAL RECORD, Vol. 128 (1982):
July 12, 13, considered and passed House.
July 27, considered and passed Senate.
PUBLIC LAW 97-232, 96 STAT. 259
recreation facilities and
programs of Gateway National Recreation Area
through the use of funds obtained
from the development of methane gas resources within
the Fountain Avenue
Landfill site by the city of New York.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 3 of Public
Law 92 - 592 // 16 USC 460cc-2. // is amended by adding at the end
thereof the following new subsection:
"(i) Notwithstanding the provisions of subsection (a) of this
section, the United States hereby conveys to the city of New York all
rights to the methane gas and associated byproducts resulting from solid
waste decomposition on the area within the Jamaica Bay Unit known as the
Fountain Avenue Landfill site, subject to payments to the United States
of 50 per centum of the revenue received by the city of New York, if
any, from the development of such rights. The Secretary shall grant to
the City, its lessee or assignee, all rights-of-way and other permits
necessary from the Department of the Interior to extract and transport
the gas from the site: Provided, That the rights-of-way and other
permits shall provide for reasonable restoration of the site, including
removal of any processing or storage facilities used in the disposal,
development, or extraction of the gas, access by the Secretary to the
site for safety and other recreation area purposes, and such other
reasonable conditions as the Secretary deems necessary to further
purposes of the recreation area. All such payments to the United States
shall be credited to the appropriations of the National Park Service for
the development and improvement of Gateway National Recreation Area.".
Sec. 2. Subsection 4(a) of the Act of October 27, 1972 (86 Stat.
1308), // 16 USC 460cc-3. // is amended by changing "ten years" in the
second sentence to "twenty years".
Approved August 9, 1982.
LEGISLATIVE HISTORY-S. 2218:
HOUSE REPORT No. 97 - 677 (Comm. on Interior and Insular Affairs).
SENATE REPORT No. 97 - 455 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 128 (1982):
June 9, considered and passed Senate.
Aug. 2, considered and passed House.
PUBLIC LAW 97-231, 96 STAT. 256
Federation of Music Clubs.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. // 36 USC 2001. // The National Federation of Music
Clubs, organized and incorporated under the laws of the State of
Illinois, is hereby recognized as such and is granted a charter.
Sec. 2. // 36 USC 2002. // The National Federation of Music Clubs
(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 2003. // The objects and purposes for which the
corporation is organized shall be those provided in its articles of
incorporation and also shall be--,
(1) to bring into working relations with one another, music
clubs and other musical organizations and individuals directly or
indirectly associated with musical activity for the purpose of
developing and maintaining high musical standards;
(2) to aid and encourage musical education; and
(3) to promote American music and American artists throughout
the United States of America and the world.
The corporation shall function as a patriotic, civic, and historical
organization as authorized by the laws of the State or States wherein it
is incorporated.
Sec. 4. // 36 USC 2004. // 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 2005. // 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 2006. // 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 2007. // 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 2008. // (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.
(f) The corporation shall retain and maintain its status as a
corporation organized and incorporated under the laws of the State of
Illinois.
Sec. 9. // 36 USC 2009. // 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 2010. // 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:
"(53) National Federation of Music Clubs.".
Sec. 12. // 36 USC 2011. // 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 is 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 2012. // The right to alter, amend, or repeal
this Act is expressly reserved to the Congress.
Sec. 14. // 36 USC 2013. // 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 2014. // 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 2015. // If the corporation shall fail to comply
with any of the restrictions or provisions of this Act the charter
granted hereby shall expire.
Approved August 9, 1982.
LEGISLATIVE HISTORY-S. 2317:
HOUSE REPORT No. 97 - 644 (Comm. on the Judiciary).
SENATE REPORT No. 97 - 394 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 128 (1982):
May 24, considered and passed Senate.
July 20, considered and passed House, amended.
July 27, Senate concurred in House amendments.
PUBLIC LAW 97-230, 96 STAT. 255
bar membership requirements
for United States magistrates.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 631(b)(1)
of title 28, United States Code, is amended by striking out " He is, and
has been for at least five years, a member" and inserting in lieu
thereof the following: " He has been for at least five years a member
in good standing of the bar of the highest court of a State, the
District of Columbia, the Commonwealth of Puerto Rico, or the Virgin
Islands of the United States, and he is a member".
Approved August 6, 1982.
LEGISLATIVE HISTORY-S. 2706:
CONGRESSIONAL RECORD, Vol. 128 (1982):
June 30, considered and passed Senate.
July 23, considered and passed House.
PUBLIC LAW 97-229, 96 STAT. 248, ENERGY EMERGENCY PREPAREDNESS ACT OF
1982.
extend certain authorities
relating to the International Energy Program, to
provide for the Nation's energy
emergency preparedness, 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. SHORT TITLE.
This Act // 42 USC 6202 // may be cited as the " Energy Emergency
Preparedness Act of 1982".
SEC. 2. INTERNATIONAL ENERGY PROGRAM AMENDMENTS.
(a) Extension.-Subsection (j) of section 252 of the Energy Policy and
Conservation Act (42 U.S.C. 6272(j)) is amended by striking out " August
1, 1982" and inserting in lieu thereof "at midnight December 31, 1983".
(b) Limitations.-(1) Section 251 of the Energy Policy and
Conservation Act (42 U.S.C. 6271) is amended by adding at the end
thereof the following new subsection:
"(e) No rule under this section may be put into effect unless--,
"(1) an international energy supply emergency, as defined in
the first sentence of section 252(l)(1), is in effect; and
"(2) the allocation of available oil referred to in chapter III
of the international energy program has been activated pursuant to
chapter IV of such program.".
(2) Section 252 of such Act (42 U.S.C. 6272) is amended by adding at
the end thereof the following new subsection:
"(m) The authority granted by this section shall apply only to the
development or carrying out of voluntary agreements and plans of action
to implement chapters III, IV, and V of the international energy
program.".
SEC. 3. ENERGY EMERGENCY PREPAREDNESS.
(a) In General.-Title II of the Energy Policy and Conservation Act,
relating to standby energy authorities, is amended by adding at the end
thereof the following new part:
" Sec. 271. // 42 USC 6281. // (a) Findings.-The Congress finds
that--,
"(1) a shortage of petroleum products caused by reductions in
imports of petroleum products may occur at any time;
"(2) such a shortage may be sufficiently large to cause severe
economic dislocations and hardships, or constitute a serious
threat to public health, safety, and welfare; and
"(3) prior to the occurrence of such a shortage, the Federal
Government has a responsibility to be prepared to mitigate the
adverse impacts of such a shortage as a supplement to reliance on
free market pricing and allocation of available petroleum product
supplies.
"(b) Policy.-The Congress declares that it shall be the policy of the
United States that the Federal Government shall be prepared prior to any
shortage of petroleum products to respond to energy emergencies,
pursuant to authorities under provisions of law other than this part, as
a supplement to reliance on the free market to mitigate the adverse
impacts of a shortage of petroleum products on public health, safety,
and welfare.
"(c) Purpose.-The purpose of this part is to carry out the policy in
subsection (b) by providing for the preparation of comprehensive energy
emergency response procedures to be available for use by the President
under authorities contained in any provision of law other than this
part.
" Sec. 272. // 42 USC 6282. // (a) Description of Available Legal
Authorities.-(1) The President shall submit to the Congress no later
than November 15, 1982, a memorandum of law which describes the nature
and extent of the authorities available to the President under existing
law to respond to a severe energy supply interruption or other
substantial reduction in the amount of petroleum products available to
the United States.
"(2) The memorandum of law required by paragraph (1) shall be
prepared by the Attorney General, in consultation with the Secretary of
Energy.
"(3) The memorandum of law submitted to the Congress pursuant to this
subsection shall--,
"(A) include the following subjects--,
' Decision
on Preparation for Future Supply Disruptions'
including--,
energy
emergency preparedness obligations to the North
Atlantic
Treaty Organization;
petroleum
product stocks;
"(B) distinguish among--,
international
tensions that threaten national security, and other
Presidentially declared emergencies;
described
in clauses (i) and (ii).
"(b) Comprehensive Energy Emergency Response Procedures.--, (1) Not
later than December 31, 1982, the President shall submit to the Congress
comprehensive energy emergency response procedures for implementation,
in whole or in part, of the authorities described under subsection (a).
"(2) The comprehensive energy emergency response procedures shall--,
"(A) describe the various options the President would consider
using to implement the authorities described in the memorandum of
law submitted under subsection (a) to respond to a severe energy
supply interruption or other substantial reduction in the amount
of petroleum products available to the United States, including a
description of the likely sequence in which such options would be
taken;
"(B) specify how appropriate governmental actions in response
to international and domestic energy shortages would be selected
and implemented under such options, particularly which official or
governmental entity would select and implement such actions, and
what procedures would be used in doing so; and
"(C) recommend any additional statutory authority the President
considers necessary to respond to a severe energy supply
interruption or other substantial reduction in the amount of
petroleum products available to the United States.
"(c) Disclaimers.-(1) Nothing in this part, or in the comprehensive
energy emergency response procedures submitted pursuant to subsection
(b), shall--,
"(A) limit the authority of the President under any provision
of law to respond to a reduction in the amount of petroleum
products available to the United States; or
"(B) grant any authority to the President to respond to a
reduction in the amount of petroleum products available to the
United States.
"(2) No State law or State program in effect on the date of the
enactment of this part, or which may become effective thereafter, shall
be construed to be superseded by any provision of this part.".
(b) Conforming Amendment.-The table of contents for the Energy Policy
and Conservation Act is amended by adding after the item relating to
section 255 the following new items:
" Sec. 271. Congressional findings, policy, and purpose.
" Sec. 272. Preparation for petroleum supply interruptions.".
SEC. 4. STRATEGIC PETROLEUM RESERVE AMENDMENTS.
(a) Required Rate for Filling Reserve.--,
(1) In General.-Subsection (c) of section 160 of the Energy
Policy and Conservation Act (42 U.S.C. 6240(c)) is amended to read
as follows:
"(c)(1)(A) The President shall immediately undertake, and thereafter
continue, petroleum products acquisition, transportation, and injection
activities, to the extent funds are available pursuant to section 167
(b)(2) and (b)(3), // 42 USC 6247. // at a level sufficient to assure
that the petroleum products in the Strategic Petroleum Reserve will be
increased at an average annual rate of at least the minimum required
fill rate until the quantity of petroleum products stored within the
Strategic Petroleum Reserve is at least 500,000,000 barrels.
"(B) Subject to subparagraph (C), the minimum required fill rate
shall be 300,000 barrels per day for purposes of subparagraph (A),
unless there is in effect a finding by the President in his discretion
for good cause that compliance with such rate would not be in the
national interest. Any finding by the President under this subparagraph
takes effect on the date such finding is transmitted to the Congress and
ceases to have effect at the end of the fiscal year in which such
finding was made. Any such finding transmitted to the Congress shall
include a statement of the facts upon which the finding is based. Any
such finding shall not be subject to judicial review.
"(C) The minimum required fill rate shall be 220,000 barrels per day
for purposes of subparagraph (A) during the period in which any finding
by the President under subparagraph (B) is in effect.
"(D)(i) If funds are available in any given fiscal year after fiscal
year 1982 to achieve an average annual fill rate higher than the minimum
required fill rate in effect under subparagraph (C), the minimum
required fill rate shall be the highest practicable fill rate
achievable, subject to the availability of appropriated funds.
"(ii) The Impoundment Control Act of 1974 (31 U.S.C. 1400 and
following) shall apply to funds made available under section 167 (b) and
(e). // 42 USC 6247; //
"(2) After the Strategic Petroleum Reserve reaches a level of
500,000,000 barrels, the President shall immediately seek to undertake,
and thereafter continue, petroleum products acquisition, transportation,
and injection activities at a level sufficient to assure that the
petroleum products in the Strategic Petroleum Reserve will be increased
at an average annual rate of at least 300,000 barrels per day until the
quantity of petroleum products stored within the Strategic Petroleum
Reserve is at least 750,000,000 barrels.".
(2) Effective date.-The amendment made by paragraph (1)
// 42 USC 6240 //
shall take effect July 1, 1982.
(b) Interim Storage.--,
(1) Authority for implementation.-Section 159(f) of the Energy
Policy and Conservation Act (42 U.S.C. 6239(f)) is amended by
striking out "and" at the end of paragraph (3), by striking out
the comma at the end of paragraph (4) and inserting "; and" in
lieu thereof, and by inserting after paragraph (4) the following
new paragraph:
"(5) the storage of petroleum products in interim storage
facilities,".
(2) Use of spr petroleum account; conforming amendments.--,
(A) Section 167 of such Act (95 Stat. 619; to be codified at 42
U.S.C. 6247) is amended by adding at the end thereof the
following:
"(e)(1) Except as provided in paragraph (2), nothing in this part
shall be construed to limit the Account from being used to meet expenses
relating to interim storage facilities for the storage of petroleum
products for the Strategic Petroleum Reserve.
"(2) In any fiscal year, amounts in the Account may not be obligated
for expenses relating to interim storage facilities in excess of 10
percent of the total amounts in the Account obligated in such fiscal
year. If the amount obligated in any fiscal year for interim storage
expenses is less than the amount of the 10-percent limit under the
preceding sentence for that fiscal year, then the amount of the
10-percent limit applicable in the following fiscal year shall be
increased by the amount by which the limit exceeded the amount obligated
for such expenses.".
(B) Section 159 of such Act (42 U.S.C. 6239) is amended by
adding at the end thereof the following new subsection:
"(h)(1) No amendment to the Strategic Petroleum Reserve Plan relating
to interim storage facilities shall be required prior to the storage of
petroleum products in such facilities.
"(2) Petroleum products stored in interim storage facilities pursuant
to this part shall be considered to be in storage in the Reserve.
"(3)(A) No action relating to the storage of petroleum products in
existing interim storage facilities in the Reserve shall be deemed to be
'a major Federal action significantly affecting the quality of the human
environment' within the meaning of that term as it is used in section
102(2)(C) of the National Environmental Policy Act of 1969. // 42 USC
4332. //
"(B) For purposes of this paragraph, an interim storage facility
shall be considered to be an existing interim storage facility if it--,
"(i) is in existence on July 1, 1982;
"(ii) was constructed in a manner appropriate for storing
petroleum products; and
"(iii) is not modified after July 1, 1982, in any manner which
substantially increases the storage capacity of the facility. Any
modification of such facility may not include replacement or
reconstruction.
"(4) The term 'interim storage facilities', when used in this part,
may include any vessel which meets the applicable requirements under
this part.".
(C) Section 160(e)(4) of such Act (42 U.S.C. 6240(e)(4)) is
amended by striking out "crude oil" and inserting in lieu thereof
"petroleum product".
(c) Strategic Petroleum Reserve Drawdown Plan.--, // 42 USC 6234 //
On or before December 1, 1982, the President shall transmit to the
Congress a drawdown plan for the Strategic Petroleum Reserve consistent
with the requirements of section 154 of the Energy Policy and
Conservation Act. // 42 USC 6234. // Such plan shall be transmitted to
the Congress as an amendment to the Strategic Petroleum Reserve Plan.
Such amendment shall take effect on the date it is transmitted to the
Congress and shall not be subject to section 159(e) of such Act // 42
USC 6239. // relating to Congressional review. Subsequent amendments
to such plan shall be in accordance with subsections (d) and (e) of such
section 159.
SEC. 5. CONTINUATION OF PETROLEUM PRODUCT INFORMATION COLLECTION.
(a) In General.-Part A of title V of the Energy Policy and
Conservation Act (42 U.S.C. 6381 and following) is amended by adding at
the end thereof the following new section:
" Sec. 507. // 42 USC 6385. // The President or his delegate shall,
pursuant to authority otherwise available to the President or his
delegate under any other provision of law, collect information on the
pricing, supply, and distribution of petroleum products by product
category at the wholesale and retail levels, on a State-by-State basis,
which was collected as of September 1, 1981, by the Energy Information
Administration.".
(b) Clerical Amendment.-The table of contents for such Act is amended
by inserting the following new item after the item relating to section
506:
" Sec. 507. Petroleum product information.".
SEC. 6. // 42 USC 6245 // REPORTS TO CONGRESS ON PETROLEUM SUPPLY
INTERRUPTIONS.
(a) Impact Analysis.-(1) The Secretary of Energy shall analyze the
impact on the domestic economy and on consumers in the United States of
reliance on market allocation and pricing during any substantial
reduction in the amount of petroleum products available to the United
States. In making such analysis, the Secretary of Energy may consult
with the Secretary of the Treasury, the Secretary of Agriculture, the
Director of the Office of Management and Budget, and the heads of other
appropriate Federal agencies. Such analysis shall--,
(A) examine the equity and efficiency of such reliance,
(B) distinguish between the impacts of such reliance on various
categories of business (including small business and agriculture)
and on households of different income levels,
(C) specify the nature and administration of monetary and
fiscal policies that would be followed including emergency tax
cuts, emergency block grants, and emergency supplements to income
maintenance programs, and
(D) describe the likely impact on the distribution of petroleum
products of State and local laws and regulations (including
emergency authorities) affecting the distribution of petroleum
products.
Such analysis shall include projections of the effect of the petroleum
supply reduction on the price of motor gasoline, home heating oil, and
diesel fuel, and on Federal tax revenues, Federal royalty receipts, and
State and local tax revenues.
(2) Within one year after the date of the enactment of this Act, the
Secretary of Energy shall submit a report to the Congress and the
President containing the analysis required by this subsection, including
a detailed step-by-step description of the procedures by which the
policies specified in paragraph (1)(C) would be accomplished in an
emergency, along with such recommendations as the Secretary of Energy
deems appropriate.
(b) Strategic Petroleum Reserve Drawdown and Distribution Report.-
The President shall prepare and transmit to the Congress, at the time he
transmits the drawdown plan pursuant to section 4(c), a report
containing--,
(1) a description of the foreseeable situations (including
selective and general embargoes, sabotage, war, act of God, or
accident) which could result in a severe energy supply
interruption or obligations of the United States arising under the
international energy program necessitating distributions from the
Strategic Petroleum Reserve, and
(2) a description of the strategy or alternative strategies of
distribution which could reasonably be used to respond to each
situation described under paragraph (1), together with the theory
and justification underlying each such strategy.
The description of each strategy under paragraph (2) shall include an
explanation of the methods which would likely be used to determine the
price and distribution of petroleum products from the Reserve in any
such distribution, and an explanation of the disposition of revenues
arising from sales of any such petroleum products under the strategy.
(c) Regional Reserve Report.-The President or his delegate shall
submit to the Congress no later than December 31, 1982, a report
regarding the actions taken to comply with the provisions of section 157
of the Energy Policy and Conservation Act (42 U.S.C. 6237). Such report
shall include an analysis of the economic benefits and costs of
establishing Regional Petroleum Reserves, including--,
(1) an assessment of the ability to transport petroleum
products to refiners, distributors, and end users within the
regions specified in section 157(a) of such Act;
(2) the comparative costs of creating and operating Regional
Petroleum Reserves for such regions as compared to the costs of
continuing current plans for the Strategic Petroleum Reserve; and
(3) a list of potential sites for Regional Petroleum Reserves.
(d) Strategic Alcohol Fuel Reserve Report.-The Secretary of Energy
shall, in consultation with the Secretary of Agriculture, prepare and
transmit to the Congress no later than December 31, 1982, a study of the
potential for establishing a Strategic Alcohol Fuel Reserve.
(e) Meaning of Terms.-As used in this section, the terms
"international energy program", "petroleum product", " Reserve", "severe
energy supply interruption", and " Strategic Petroleum Reserve" have the
meanings given such terms in sections 3 and 152 of the Energy Policy and
Conservation Act (42 U.S.C. 6202 and 6232).
Approved August 3, 1982.
LEGISLATIVE HISTORY-S. 2332 (H.R. 6337):
HOUSE REPORTS: No. 97 - 585, pt. 1 (Comm. on Energy and Commerce),
97 - 585, pt. 2 (Comm. on Merchant Marine and Fisheries) both
accompanying H.R. 6337; and 97 - 663 (Comm. of Conference).
SENATE REPORT No. 97 - 393 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 128 (1982):
May 26, considered and passed Senate.
June 23, H.R. 6337 considered and passed House; passage
vacated and S. 2332, amended, passed in lieu.
July 29, House agreed to conference report.
July 30, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 18, No. 31 (1982):
Aug. 3, Presidential statement.
PUBLIC LAW 97-228, 96 STAT. 247
proclamation designating the
week of August 1, 1982, through August 7, 1982, as
" National Purple Heart Week".
Whereas countless valiant Americans have been wounded in combat while
defending our great Nation against armed enemies and have received the
Purple Heart Medal in recognition of their sacrifices for our country;
and
Whereas, through this service to our Nation and because of the nature
of their injuries, these Purple Heart recipients will bear their battle
wounds for life; and
Whereas August 7, 1982, marks the two hundredth anniversary of
General George Washington's order first establishing the Purple Heart
Medal; and
Whereas it is most appropriate that this special group of veterans be
recognized for their outstanding contributions to our national security
and welfare in this special anniversary year: 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
August 1, 1982, through August 7, 1982, as " National Purple Heart Week"
in recognition of the countless contributions our combat wounded Purple
Heart recipients have made to the security and welfare of the United
States, and calling upon all government agencies and the people of the
United States to observe the week with appropriate programs, ceremonies,
and activities.
Approved August 2, 1982.
LEGISLATIVE HISTORY-H.J. Res. 526 (S.J. Res. 207):
CONGRESSIONAL RECORD, Vol. 128 (1982):
June 24, considered and passed House.
July 28, considered and passed Senate.
PUBLIC LAW 97-227, 96 STAT. 246
rule 4 of the Federal Rules of
Civil Procedure.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That notwithstanding the
provisions of section 2072 of title 28, United States Code, the
amendments to rule 4 of the Federal Rules of Civil Procedure as proposed
by the Supreme Court of the United States and transmitted to the
Congress by the Chief Justice on April 28, 1982, shall take effect on
October 1, 1983, unless previously approved, disapproved, or modified by
Act of Congress.
Sec. 2. This Act // 28 USC 2071 // shall be effective as of August
1, 1982, but shall not apply to the service of process that takes place
between August 1, 1982, and the date of enactment of this Act.
Approved August 2, 1982.
LEGISLATIVE HISTORY-H.R. 6663:
HOUSE REPORT No. 97 - 662 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 128 (1982):
July 26, considered and passed House.
July 28, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 18, No. 31,
(1982):
Aug. 2, Presidential statement.
PUBLIC LAW 97-226, 96 STAT. 245
Employees' Claims Act of 1964 to
increase from $15,000 to $25,000 the maximum amount the
United States may pay
in settlement of a claim under section 3 of that Act.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) sections 3(a)(
1) and 3(b)(1) of the Military Personnel and Civilian Employees' Claims
Act of 1964 (31 U.S.C. 241 (a)(1) and (b)(1), are amended by striking
out "$15,000" and inserting in lieu thereof "$25,000".
(b) The amendments made by this Act // 31 USC 241 // shall apply only
to claims arising on or after the date of enactment.
(c) Sections (3)(a)(1) and (3) of the Military Personnel and Civilian
Employees' Claims Act of 1964 (31 U.S.C. 241(a) (1) and (3)) are amended
by striking "the Treasury" and inserting in lieu thereof "
Transportation".
Sec. 2. No funds may be obligated or expended pursuant to the
amendments made by this Act // 31 USC 241 // before October 1, 1982.
Approved July 28, 1982.
LEGISLATIVE HISTORY-H.R. 4688 (S. 1739):
HOUSE REPORT No. 97 - 452 (Comm. on the Judiciary).
SENATE REPORT No. 97 - 482 accompanying S. 1739 (Comm. on the
Judiciary).
CONGRESSIONAL RECORD, Vol. 128 (1982):
Mar. 16, 18, considered and passed House.
July 14, S. 1739, considered and passed Senate.
July 16, considered and passed Senate.
PUBLIC LAW 97-225, 96 STAT. 244
August 14, 1982, as " National
Navaho Code Talkers Day".
Whereas the Navaho Code Talkers, a group of United States Marines,
devised a communication code, based on the Navaho language, for combat
use during World War II;
Whereas the development and use of this code, which was never
deciphered by Japanese cryptologists, played a crucial role in the
successful resolution of the war effort in the Pacific; and
Whereas this select group of Navaho Marines has never received
national recognition for its unique and invaluable contribution to our
military intelligence during that conflict: 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 August 14,
1982, as " National Navaho Code Talkers Day", and calling upon all
government agencies and people of the United States to observe the day
with appropriate programs, ceremonies, and activities.
Approved July 28, 1982.
LEGISLATIVE HISTORY-H.J. Res. 444 (S.J. Res. 133):
CONGRESSIONAL RECORD, Vol. 128 (1982):
May 18, considered and passed House.
May 26, S.J. Res. 133, considered and passed Senate.
July 13, considered and passed Senate.
PUBLIC LAW 97-224, 96 STAT. 243
subject to the supervision and
approval of the Franklin Delano Roosevelt Memorial
Commission, to proceed with
the construction of the Franklin Delano Roosevelt
Memorial, and for other
purposes.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the Secretary of the
Interior is authorized and directed, subject to the supervision and
approval of the Franklin Delano Roosevelt Memorial Commission, to
construct the Franklin Delano Roosevelt Memorial in accordance with the
general design developed by the Franklin Delano Roosevelt Memorial
Commission and approved by the Commission of Fine Arts on September 20,
1979. // 16 USC 431 // Such memorial shall be constructed in that
portion of West Potomac Park in the District of Columbia which lies
between Independence Avenue and the inlet bridge, reserved for the
memorial by a joint resolution approved September 1, 1959 (Public Law 86
- 214).
Sec. 2. The Franklin delano Roosevelt Memorial shall be operated and
maintained by the Secretary of the Interior subject to the provisions of
the Act of August 25, 1916 (39 Stat. 535), // 43 USC 1457; 16 USC 1 -
4, 22, 43. // as amended and supplemented.
Sec. 3. There are authorized to be appropriated for fiscal years
beginning after September 30, 1982, such sums as may be necessary to
carry out the provisions of this joint resolution.
Approved July 28, 1982.
LEGISLATIVE HISTORY-S.J. Res. 95 (H.J. Res. 400):
HOUSE REPORT No. 97 - 556 accompanying H.J. Res. 400 (Comm. on House
Administration).
SENATE REPORT No. 97 - 311 (Comm. on Rules and Administration).
CONGRESSIONAL RECORD, Vol. 128 (1982):
Mar. 8, considered and passed Senate.
July 14, H.J. Res. 400, considered and passed House; S.J. Res.
95, passed in lieu.
PUBLIC LAW 97-223, 96 STAT. 242
June 11, 1983, as
" Management Week in America".
Where asthe high level of dedication of the members of the management
profession has contributed significantly to the success of the American
free enterprise system;
Whereas the quality of management is of crucial importance in
ensuring increased production of superior goods and services at costs
that permit successful competition in both domestic and world markets;
and
Whereas the first week in June has been recognized as a proper time
for acknowledging the essential role of the management profession in
ensuring the continued strength of the American economy: Now,
therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the week beginning June 5,
1983, and ending June 11, 1983, is designated " Management Week in
America", and the President of the United States is authorized and
requested to issue a proclamation calling upon the people of the United
States to observe such week with appropriate ceremonies and activities.
Approved July 27, 1982.
LEGISLATIVE HISTORY-H.J. Res. 225 (S.J. Res. 73):
CONGRESSIONAL RECORD, Vol. 128 (1982):
June 3, considered and passed House.
June 25, S.J. Res. 73, considered and passed Senate.
July 13, considered and passed Senate.
PUBLIC LAW 97-222, 96 STAT. 235
technical errors, and to clarify and
make substantive changes, with respect to securities
and commodities.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) section 101 of
title 11, United States Code, is amended--,
(1) by redesignating paragraphs (35), (36), (37), (38), (39),
and (40) as paragraphs (36), (37), (38), (39), (40), and (41),
respectively, and
(2) by inserting after paragraph (34) the following new
paragraph:
"(35) 'securities clearing agency' means person that is
registered as a clearing agency under section 17 A of the
Securities Exchange Act of 1934 (15 U.S.C. 78q-1) or whose
business is confined to the performance of functions of a clearing
agency with respect to exempted securities, as defined in section
3(a)(12) of such Act (15 U.S.C. 78c(12)) for the purposes of such
section 17 A;".
(b) Section 101(36)(A)(xii) of title 11, United States Code, as so
redesignated, is amended by striking out "is the subject of a
registration statement" and inserting in lieu thereof "is required to be
the subject of a registration statement".
(c) Section 101(36)(B)(iii) of title 11, United States Code, as so
redesignated, is amended by striking out "commodity" the second place it
appears.
(d) Section 101(40) of title 11, United States Code, as so
redesignated, is amended to read as follows:
"(40) 'stockbroker' means person--,
defined
in section 741(2) of this title;
// 11 USC 741. //
and
transactions
in securities--,
Sec. 2. Section 103(d) of title 11, United States Code, is amended
by striking out "except with respect to section 746(c) which applies to
margin payments made by any debtor to a commodity broker or forward
contract merchant".
Sec. 3. (a) Section 362(a) of title 11, United States Code, is
amended by inserting ", or an application filed under section 5(a)(3) of
the Securities Investor Protection Act of 1970 (15 U.S.C. 78eee(a)(
3))," after "title" the first place it appears.
(b) Section 362(b) of title 11, United States Code, is amended by
adding", or of an application under section 5(a)(3) of the Securities
Investor Protection Act of 1970 (15 U.S.C. 78eee(a)(3))," after "title"
the first place it appears.
(c) Section 362(b)(6) of title 11, United States Code, is amended to
read as follows:
"(6) under subsection (a) of this section, of the setoff by a
commodity broker, forward contract merchant, stockbroker, or
securities clearing agency of any mutual debt and claim under or
in connection with commodity contracts, as defined in section
761(4) of this title,
// 11 USC 761. //
forward contracts, or securities contracts, as defined in section
741(7) of this title, that constitutes the setoff of a claim
against the debtor for a margin payment, as defined in section
741(5) or 761(15) of this title,
// 11 USC 761. //
or settlement payment, as defined in section 741(8) of this title,
arising out of commodity contracts, forward contracts, or
securities contracts against cash, securities, or other property
held by such commodity broker, forward contract merchant,
stockbroker, or securities clearing agency to margin, guarantee,
or secure commodity contracts, forward contracts, or securities
contracts;".
Sec. 4. Section 546 of title 11, United States Code, is amended by
adding at the end therof the following new subsection:
"(d) Notwithstanding sections 544, 545, 547, 548(a)(2), and 548(b) of
this title, // 11 USC 544, 545, 547, 548. // the trustee may not avoid
a transfer that is a margin payment, as defined in section 741(5) or
761(15) of this title, or settlement payment, as defined in section
741(8) of this title, made by or to a commodity broker, forward contract
merchant, stockbroker, or securities clearing agency, that is made
before the commencement of the case, except under section 548(a)( 1) of
this title.".
Sec. 5 Section 548(d)(2)(B) of title 11, United States Code, is
amended--,
(1) by striking out "or forward contract merchant" and
inserting in lieu thereof", forward contract merchant,
stockbroker, or securities clearing agency",
(2) by inserting "741(5) or" after "section",
(3) by inserting", or settlement payment, as defined in section
741(8) of this title" after "of this title", and
(4) by striking out "value." and inserting in lieu thereof
"value to the extent of such payment.".
Sec. 6. (a) Chapter 5 of title 11, United States Code, is amended by
adding at the end thereof the following new sections:
" Section 555. // 11 USC 555. // Contractual right to liquidate a
securities contract
" The exercise of a contractual right of a stockbroker or securities
clearing agency to cause the liquidation of a securities contract, as
defined in section 741(7), because of a condition of the kind specified
in section 365(e)(1) of this title // 11 USC 365. // shall not be
stayed, avoided, or otherwise limited by operation of any provision of
this title or by order of a court or administrative agency in any
proceeding under this title unless such order is authorized under the
provisions of the Securities Investor Protection Act of 1970 (15 U.S.C.
78aaa et seq.) or any statute administered by the Securities and
Exchange Commission. As used in this section, the term 'contractual
right' includes a right set forth in a rule or bylaw of a national
securities exchange, a national securities association, or a securities
clearing agency.
" Section 556. // 11 USC 556. // Contractual right to liquidate a
commodities contract or forward contract
" The contractual right of a commodity broker or forward contract
merchant to cause the liquidation of a commodity contract, as defined in
section 761(4), // 11 USC 761. // or forward contract because of a
condition of the kind specified in section 365(e)(1) of this title, //
11 USC 365. // and the right to a variation or maintenance margin
payment received from a trustee with respect to open commodity contracts
or forward contracts, shall not be stayed, avoided, or otherwise limited
by operation of any provision of this title or by the order of a court
in any proceeding under this title. As used in this section, the term
'contractual right' includes a right set forth in a rule or bylaw of a
clearing organization or contract market or in a resolution of the
governing board thereof.".
(b) The analysis of sections for chapter 5 of title 11, United States
Code, is amended by adding at the end thereof the following new items:
"555. Contractual right to liquidate a securities contract.
"556. Contractual right to liquidate a commodity contract or forward
contract.".
Sec. 7. Section 702(a)(1) of title 11, United States Code, is
amended by striking out "or 726(a)(4)" and inserting in lieu thereof
"726(a)(4), 752(a), 766(h), or 766(i)".
Sec. 8. Section 741 of title 11, United States Code, is amended--,
(1) in paragraph (4)--,
(2) by redesignating paragraphs (5) and (6) as paragraphs (6)
and (9), respectively,
(3) by inserting after paragraph (4) the following new
paragraph:
"(5) 'margin payment' means payment or deposit of cash, a
security, or other property, that is commonly known to the
securities trade as original margin, initial margin, maintenance
margin, or variation margin, or as a mark-to-market payment, or
that secures an obligation of a participant in a securities
clearing agency;",
(4) in paragraph (6), as so redesignated--,
capacity"
after "customer", and
(5) by inserting after paragraph (6), as so redesignated, the
following new paragraphs:
"(7) 'securities contract' means contract for the purchase,
sale, or loan of a security, including an option for the purchase
or sale of a security, or the guarantee of any settlement of cash
or securities by or to a securities clearing agency;
"(8) 'settlement payment' means a preliminary settlement
payment, a partial settlement payment, an interim settlement
payment, a settlement payment on account, or any other similar
payment commonly used in the securities trade; and", and
(6) in paragraph (9), as so redesignated, by striking out "
Security" and inserting " Securities" in lieu thereof.
Sec. 9. Section 742 of title 11, United States Code, is amended by
striking out "chapter" and inserting in lieu thereof "title".
Sec. 10. Section 744 of title 11, United States Code, is amended by
inserting "but" after "relief,".
Sec. 11. Section 745(c) of title 11, United States Code, is amended
by striking out " A" and inserting in lieu thereof " Each".
Sec. 12. (a) Section 746(a) of title 11, United States Code, is
amended--,
(1) by striking out "effects, with respect to cash or a
security," and inserting in lieu thereof "enters into",
(2) by striking out "with respect to such cash or security"
each place it appears,
(3) by striking out "such date" and inserting in lieu thereof
"the date of the filing of the petition", and
(4) by striking out "effected" and inserting in lieu thereof
"entered into".
(b) Section 746(b) of title 11, United States Code, is amended--,
(1) by striking out "has a claim for" and inserting in lieu
thereof "transferred to the debtor", and
(2) in paragraph (2) by striking out "is".
(c) The heading for section 746 of title 11, United States Code, is
amended by striking out "claim" and inserting in lieu thereof "claims".
Sec. 13. Section 747 of title 11, United States Code, is amended by
striking out "such claim arose" and inserting in lieu thereof "the
transaction giving rise to such claim occurred".
Sec. 14. Section 749 of title 11, United States Code, is amended--,
(1) by striking out " Any" and inserting in lieu thereof "(a)
Except as otherwise provided in this section, any",
(2) by striking out "except" and inserting in lieu thereof
"but",
(3) by inserting "such property" after "trustee, and",
(4) by striking out "549, or 724(a)" and inserting in lieu
thereof "or 549", and
(5) by adding at the end thereof the following new subsection:
"(b) Notwithstanding section 544, 545, 547, 548, and 549 of this
title, // 11 USC 544, 545, 547 - 549. // the trustee may not avoid a
transfer made before five days after the order for relief if such
transfer is approved by the Commission by rule or order, either before
or after such transfer, and if such transfer is--,
"(1) a transfer of a securities contract entered into or
carried by or through the debtor on behalf of a customer, and of
any cash, security, or other property margining or securing such
securities contract; or
"(2) the liquidation of a securities contract entered into or
carried by or through the debtor on behalf of a customer.".
Sec. 15. Section 752(c) of title 11, United States Code, is amended
to read as follows:
"(c) Any cash or security remaining after the liquidation of a
security interest created under a security agreement made by the debtor,
excluding property excluded under section 741(4)(B) of this title, // 11
USC 741. // shall be apportioned between the general estate and
customer property in the same proportion as the general estate of the
debtor and customer property were subject to such security interest.".
Sec. 16. Section 761 of title 11, United States Code, is amended--,
(1) in paragraph (2) by inserting "made" after "commodity
contracts",
(2) in paragraph (4)--,
appears
and inserting in lieu thereof "with respect to", and
trade
that is cleared by such clearing organization",
(3) in paragraph (9)--,
appears
and inserting in lieu thereof "with respect to",
merchant's",
each
place it appears and inserting in lieu thereof "such
clearing
organization", and
(4) in paragraph (10) by striking out "at any time",
(5) in paragraph (12)--,
(6) in paragraph (13) by striking out "217 of the Commodity
Futures Trading Commission Act of 1974 (7 U.S.C. 15a)" and
inserting in lieu thereof "19 of the Commodity Exchange Act (7 U.
S.C. 23)",
(7) in paragraph (14) by striking out "that is engaged",
(8) in paragraph (15) by striking out "a daily variation
settlement payment" and inserting in lieu thereof "mark-to-market
payments, settlement payments, variation payments, daily
settlement payments, and final settlement payments made as
adjustments to settlement prices",
(9) in paragraph (16) by striking out "at any time", and
(10) in paragraph (17)--,
Sec. 17. (a) Section 764(a) of title 11, United States Code, is
amended--,
(1) by striking out "except" and inserting in lieu thereof
"but",
(2) by inserting "such property" after "trustee, and", and
(3) by striking out "is" each place it appears and inserting in
lieu thereof "shall be".
(b) Section 764(b) of title 11, United States Code, is amended by
striking out "date of the filing of the petition" and inserting in lieu
thereof "order for relief".
(c) Section 764(c) of title 11, United States Code, is repealed.
Sec. 18. Section 765(b) of title 11, United States Code, is amended
by striking out "commitment" and inserting in lieu thereof "commodity
contract".
Sec. 19. (a) Section 766(a) of title 11, United States Code, is
amended by inserting "to such customer" after "distribution".
(b) Section 766(b) of title 11, United States Code, is amended--,
(1) by striking out "that is being actively traded as of the
date of the filing of the petition", and
(2) by inserting "the" after "rules of".
(c) Section 766(d) of title 11, United States Code, is amended--,
(1) by striking out "such amount, then the" and inserting in
lieu thereof "the amount to which the customer of the debtor is
entitled under subsection (h) or (i) of this section, then such",
and
(2) by inserting "then" after "trustee" the second place it
appears.
(d) Section 766(h) of title 11, United States Code, is amended by
adding at the end thereof the following: "notwithstanding any other
provision of this subsection, a customer net equity claim based on a
proprietary account, as defined by Commission rule, regulation, or
order, may not be paid either in whole or in part, directly or
indirectly, out of customer property unless all other customer net
equity claims have been paid in full.".
Sec. 20. (a) Section 19 of the Commodity Exchange Act (7 U.S.C.
24), as added by section 302 of the Act of November 6, 1978 (Public Law
95 - 598; 92 Stat. 2673), is redesignated as section 20.
(b) Section 20(a)(3), as so redesignated, of the Commodity Exchange
Act (7 U.S.C. 24) is amended by inserting before the semicolon the
following: ", including the payment and allocation of margin with
respect to commodity contracts not specifically identifiable to a
particular customer pending their orderly liquidation".
Approved July 27, 1982.
LEGISLATIVE HISTORY-H.R. 4935:
HOUSE REPORT No. 97 - 420 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 128 (1982):
Feb. 9, considered and passed House.
July 13, considered and passed Senate.
PUBLIC LAW 97-221, 96 STAT. 227, FEDERAL EMPLOYEES FLEXIBLE AND
COMPRESED WORK SCHEDULES ACT OF 1982
permanent authorization for Federal
agencies to use flexible and compressed employee work
schedules.
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 " Federal Employees Flexible and Compressed Work Schedules
Act of 1982".
Sec. 2. (a) Chapter 61 of title 5, United States Code, // 5 USC 6101
// is amended--,
(1) by inserting before section 6101 the following:
and
(2) by adding at the end thereof the following new subchapter:
" Section 6120. Purpose
" The Congress finds that the use of flexible and compressed work
schedules has the potential to improve productivity in the Federal
Government and provide greater service to the public.
" Section 6121. Definitions
" For purposes of this subchapter--,
"(1) 'agency' means any Executive agency, any military
department, and the Library of Congress;
"(2) 'employee' has the meaning given it by section 2105 of
this title;
"(3) 'basic work requirement' means the number of hours,
excluding overtime hours, which an employee is required to work or
is required to account for by leave or otherwise;
"(4) 'credit hours' means any hours, within a flexible schedule
established under section 6122 of this title, which are in excess
of an employee's basic work requirement and which the employee
elects to work so as to vary the length of a workweek or a
workday;
"(5) 'compressed schedule' means--,
basic
work requirement of less than 80 hours which is
scheduled
for less than 10 workdays;
"(6) 'overtime hours', when used with respect to flexible
schedule programs under sections 6122 through 6126 of this title,
means all hours in excess of 8 hours in a day or 40 hours in a
week which are officially ordered in advance, but does not include
credit hours;
"(7) 'overtime hours', when used with respect to compressed
schedule programs under sections 6127 and 6128 of this title,
means any hours in excess of those specified hours which
constitute the compressed schedule; and
"(8) 'collective bargaining', 'collective bargaining
agreement', and 'exclusive representative' have the same meanings
given such terms--,
title,
// 5 USC 7103. //
respectively,
in the case of any unit covered by chapter 71 of this
title;
// 5 USC 7101 //
and
covering
this unit.
" Section 6122. Flexible schedules; agencies authorized to use
"(a) Notwithstanding section 6101 of this title, // 5 USC 6101. //
each agency may establish, in accordance with this subchapter, programs
which allow the use of flexible schedules which include--,
"(1) designated hours and days during which an employee on such
a schedule must be present for work; and
"(2) designated hours during which an employee on such a
schedule may elect the time of such employee's arrival at and
departure from work, solely for such purpose or, if and to the
extent permitted, for the purpose of accumulating credit hours to
reduce the length of the workweek or another workday.
An election by an employee referred to in paragraph (2) shall be subject
to limitations generally prescribed to ensure that the duties and
requirements of the employee's position are fulfilled.
"(b) Notwithstanding any other provision of this subchapter, but
subject to the terms of any written agreement referred to in section
6130(a) of this title, if the head of an agency determines that any
organization within the agency which is participating in a program under
subsection (a) is being substantially disrupted in carrying out its
functions or is incurring additional costs because of such
participation, such agency head may--,
"(1) restrict the employees' choice of arrival and departure
time,
"(2) restrict the use of credit hours, or
"(3) exclude from such program any employee or group of
employees.
" Section 6123. Flexible schedules; computation of premium pay
"(a) For purposes of determining compensation for overtime hours in
the case of an employee participating in a program under section 6122 of
this title--,
"(1) the head of an agency may, on request of the employee,
grant the employee compensatory time off in lieu of payment for
such overtime hours, whether or not irregular or occasional in
nature and notwithstanding the provisions of sections 5542(a),
5543(a)(1), 5544(a), and 5550 of this title,
// 5 USC 5542, 5543, 5544, 5550. //
section 4107(e)(5) of title 38, section 7 of the Fair Labor
Standards Act (29 U.S.C. 207), or any other provision of law; or
"(2) the employee shall be compensated for such overtime hours
in accordance with such provisions, as applicable.
"(b) Notwithstanding the provisions of law referred to in subsection
(a)(1) of this section, an employee shall not be entitled to be
compensated for credit hours worked except to the extent authorized
under section 6126 of this title or to the extent such employee is
allowed to have such hours taken into account with respect to the
employee's basic work requirement.
"(c)(1) Notwithstanding section 5545(a) of this title, // 5 USC 5545.
// premium pay for nightwork will not be paid to an employee otherwise
subject to such section solely because the employee elects to work
credit hours, or elects a time of arrival or departure, at a time of day
for which such premium pay is otherwise authorized, except that--,
"(A) if an employee is on a flexible schedule under which--,
arrival
at and departure from work,
which occur outside of the nightwork hours designated in or under
such section 5545(a) total less than 8 hours, such premium pay
shall be paid for those hours which, when combined with such
total, do not exceed 8 hours, and
"(B) if an employee is on a flexible schedule under which the
hours that such employee must be present for work include any
hours designated in or under such section 5545(a), such premium
pay shall be paid for such hours so designated.
"(2) Notwithstanding section 5343(f) of this title, // 5 USC 5343.
// and section 4107(e)(2) of title 38, night differential will not be
paid to any employee otherwise subject to either of such sections solely
because such employee elects to work credit hours, or elects a time of
arrival or departure, at a time of day for which night differential is
otherwise authorized, except that such differential shall be paid to an
employee on a flexible schedule under this subchapter--,
"(A) in the case of an employee subject to subsection (f) of
such section 5343, for which all or a majority of the hours of
such schedule for any day fall between the hours specified in such
subsection, or
"(B) in the case of an employee subject to subsection (e)(2) of
such section 4107,
// 38 USC 4107. //
for which 4 hours of such schedule fall between the hours
specified in such subsection.
" Section 6124. Flexible schedules; holidays
" Notwithstanding sections 6103 and 6104 of this title, // 5 USC
6103, 6104. // if any employee on a flexible schedule under section
6122 of this title is relieved or prevented from working on a day
designated as a holiday by Federal statute or Executive order, such
employee is entitled to pay with respect to that day for 8 hours (or, in
the case of a part--, time employee, an appropriate portion of the
employee's biweekly basic work requirement as determined under
regulations prescribed by the Office of Personnel Management).
" Section 6125. Flexible schedules; time-recording devices
" Notwithstanding section 6106 of this title, // 5 USC 6106. // the
Office of Personnel Management or any agency may use recording clocks as
part of programs under section 6122 of this title.
" Section 6126. Flexible schedules; credit hours; accumulation and
compensation
"(a) Subject to any limitation prescribed by the Office of Personnel
Management or the agency, a full-time employee on a flexible schedule
can accumulate not more than 24 credit hours, and a part--, time
employee can accumulate not more than one-fourth of the hours in such
employee's biweekly basic work requirement, for carryover from a
biweekly pay period to a succeeding biweekly pay period for credit to
the basic work requirement for such period.
"(b) Any employee who is on a flexible schedule program under section
6122 of this title and who is no longer subject to such a program shall
be paid at such employee's then current rate of basic pay for--,
"(1) in the case of a full-time employee, not more than 24
credit hours accumulated by such employee, or
"(2) in the case of a part-time employee, the number of credit
hours (not in excess of one-fourth of the hours in such employee's
biweekly basic work requirement) accumulated by such employee.
" Section 6127. Compressed schedules; agencies authorized to use
"(a) Notwithstanding section 6101 of this title, each agency may
establish programs which use a 4-day workweek or other compressed
schedule.
"(b)(1) An employee in a unit with respect to which an organization
of Government employees has not been accorded exclusive recognition
shall not be required to participate in any program under subsection (a)
unless a majority of the employees in such unit who, but for this
paragraph, would be included in such program have voted to be so
included.
"(2) Upon written request to any agency by an employee, the agency,
if it determines that participation in a program under subsection (a)
would impose a personal hardship on such employee, shall--,
"(A) except such employee from such program; or
"(B) reassign such employee to the first position within the
agency--,
A determination by an agency under this paragraph shall be made not
later than 10 days after the day on which a written request for such
determination is received by the agency.
" Section 6128. Compressed schedules; computation of premium pay
"(a) The provisions of sections 5542(a), 5544(a), and 5550(2) of this
title, // 5 USC 5542, 5544, 5550. // section 4107(e)(5) of title 38,
section 7 of the Fair Labor Standards Act (29 U.S.C. 207), or any other
law, which relate to premium pay for overtime work, shall not apply to
the hours which constitute a compressed schedule.
"(b) In the case of any full-time employee, hours worked in excess of
the compressed schedule shall be overtime hours and shall be paid for as
provided by the applicable provisions referred to in subsection (a) of
this section. In the case of any part-time employee on a compressed
schedule, overtime pay shall begin to be paid after the same number of
hours of work after which a full-time employee on a similar schedule
would begin to receive overtime pay.
"(c) Notwithstanding section 5544(a), 5546(a), or 5550(1) of this
title, // 5 USC 5544, 5546, 5550. // or any other applicable provision
of law, in the case of any full--, time employee on a compressed
schedule who performs work (other than overtime work) on a tour of duty
for any workday a part of which is performed on a Sunday, such employee
is entitled to pay for work performed during the entire tour of duty at
the rate of such employee's basic pay, plus premium pay at a rate equal
to 25 percent of such basic pay rate.
"(d) Notwithstanding section 5546(b) of this title, an employee on a
compressed schedule who performs work on a holiday designated by Federal
statute or Executive order is entitled to pay at the rate of such
employee's basic pay, plus premium pay at a rate equal to such basic pay
rate, for such work which is not in excess of the basic work requirement
of such employee for such day. For hours worked on such a holiday in
excess of the basic work requirement for such day, the employee is
entitled to premium pay in accordance with the provisions of section
5542(a) or 5544(a) of this title, // 5 USC 5542, 5544. // as
applicable, or the provisions of section 7 of the Fair Labor Standards
Act (29 U.S.C. 207) whichever provisions are more beneficial to the
employee.
" Section 6129. Administration of leave and retirement provisions
" For purposes of administering sections 6303(a), 6304, 6307 (a) and
(c), 6323, 6326, and 8339(m) of this title, // 5 USC 6303, 6304, 6307,
6323, 6326, 8339. // in the case of an employee who is in any program
under this subchapter, references to a day or workday (or to multiples
or parts thereof) contained in such sections shall be considered to be
references to 8 hours (or to the respective multiples or parts thereof).
" Section 6130. . Application of programs in the case of collective
bargaining agreements
"(a)(1) In the case of employees in a unit represented by an
exclusive representative, any flexible or compressed work schedule, and
the establishment and termination of any such schedule, shall be subject
to the provisions of this subchapter and the terms of a collective
bargaining agreement between the agency and the exclusive
representative.
"(2) Employees within a unit represented by an exclusive
representative shall not be included within any program under this
subchapter except to the extent expressly provided under a collective
bargaining agreement between the agency and the exclusive
representative.
"(b) An agency may not participate in a flexible or compressed
schedule program under a collective bargaining agreement which contains
premium pay provisions which are inconsistent with the provisions of
section 6123 or 6128 of this title, as applicable.
" Section 6131. Criteria and review
"(a) Notwithstanding the preceding provisions of this subchapter or
any collective bargaining agreement and subject to subsection (c) of
this section, if the head of an agency finds that a particular flexible
or compressed schedule under this subchapter has had or would have an
adverse agency impact, the agency shall promptly determine not to--,
"(1) establish such schedule; or
"(2) continue such schedule, if the schedule has already been
established.
"(b) For purposes of this section, 'adverse agency impact' means--,
"(1) a reduction of the productivity of the agency;
"(2) a diminished level of services furnished to the public by
the agency; or
"(3) an increase in the cost of agency operations (other than a
reasonable administrative cost relating to the process of
establishing a flexible or compressed schedule).
"(c)(1) This subsection shall apply in the case of any schedule
covering employees in a unit represented by an exclusive representative.
"(2)(A) If an agency and an exclusive representative reach an impasse
in collective bargaining with respect to an agency determination under
subsection (a)(1) not to establish a flexible or compressed schedule,
the impasse shall be presented to the Federal Service Impasses Panel
(herinafter in this section referred to as the ' Panel').
"(B) The Panel shall promptly consider any case presented under
subparagraph (A), and shall take final action in favor of the agency's
determination if the finding on which it is based is supported by
evidence that the schedule is likely to cause an adverse agency impact.
"(3)(A) If an agency and an exclusive representative have entered
into a collective bargaining agreement providing for use of a flexible
or compressed schedule under this subchapter and the head of the agency
determines under subsection (a)(2) to terminate a flexible or compressed
schedule, the agency may reopen the agreement to seek termination of the
schedule involved.
"(B) If the agency and exclusive representative reach an impasse in
collective bargaining with respect to terminating such schedule, the
impasse shall be presented to the Panel.
"(C) The Panel shall promptly consider any case presented under
subparagraph (B), and shall rule on such impasse not later than 60 days
after the date the Panel is presented the impasse. The Panel shall take
final action in favor of the agency's determination to terminate a
schedule if the finding on which the determination is based is supported
by evidence that the schedule has caused an adverse agency impact.
"(D) Any such schedule may not be terminated until--,
"(i) the agreement covering such schedule is renegotiated or
expires or terminates pursuant to the terms of that agreement; or
"(ii) the date of the Panel's final decision, if an impasse
arose in the reopening of the agreement under subparagraph (A) of
this paragraph.
"(d) This section shall not apply with respect to flexible schedules
that may be established without regard to the authority provided under
this subchapter.
" Section 6132. Prohibition of coercion
"(a) An employee may not directly or indirectly intimidate, threaten,
or coerce, or attempt to intimidate, threaten, or coerce, any other
employee for the purpose of interfering with--,
"(1) such employee's rights under section 6122 through 6126 of
this title to elect a time of arrival or departure, to work or not
to work credit hours, or to request or not to request compensatory
time off in lieu of payment for overtime hours; or
"(2) such employee's right under section 6127(b)(1) of this
title to vote whether or not to be included within a compressed
schedule program or such employee's right to request an agency
determination under section 6127(b)(2) of this title.
"(b) For the purpose of subsection (a), the term 'intimidate,
threaten, or coerce' includes, but is not limited to, promising to
confer or conferring any benefit (such as appointment, promotion, or
compensation), or effecting or threatening to effect any reprisal (such
as deprivation of appointment, promotion, or compensation).
" Section 6133. Regulations; technical assistance; program review
"(a) The Office of Personnel Management shall prescribe regulations
necessary for the administration of the programs established under this
subchapter.
"(b)(1) The Office shall provide educational material, and technical
aids and assistance, for use by an agency in connection with
establishing and maintaining programs under this subchapter.
"(2) In order to provide the most effective materials, aids, and
assistance under paragraph (1), the Office shall conduct periodic
reviews of programs established by agencies under this subchapter
particularly insofar as such programs may affect--,
"(A) the efficiency of Government operations;
"(B) mass transit facilities and traffic;
"(C) levels of energy consumption;
"(D) service to the public;
"(E) increased opportunities for full-time and part-time
employment; and
"(F) employees' job satisfaction and nonworklife.
"(c) With respect to employees in the Library of Congress, the
authority granted to the Office of Personnel Management under this
subchapter shall be exercised by the Librarian of Congress.".
(b) The table of sections at the beginning of such chapter is
amended--,
(1) by inserting before the item relating to section 6101 the
following:
and
(2) by adding at the end thereof the following:
" Sec.
"6120. Purpose.
"6121. Definitions.
"6122. Flexible schedules; agencies authorized to use.
"6123. Flexible schedules; computation of premium pay.
"6124. Flexible schedules; holidays.
"6125. Flexible schedules; time-recording devices.
"6126. Flexible schedules; credit hours; accumulation and
compensation.
"6127. Compressed schedules; agencies authorized to use.
"6128. Compressed schedules; computation of premium pay.
"6129. Administration of leave and retirement provisions.
"6130. Application of programs in the case of collective bargaining
agreements.
"6131. Criteria and review.
"6132. Prohibition of coercion.
"6133. Regulations; technical assistance; program review.".
Sec. 3. Section 3401(2) of title 5, United States Code, is amended
by inserting "(or 32 to 64 hours during a biweekly pay period in the
case of a flexible or compressed work schedule under subchapter II of
chapter 61 of this title)" after "week".
Sec. 4. (a) Except as provided in subsection (b), // 5 USC 6101 //
each flexible or compressed work schedule established by any agency
under the Federal Employees Flexible and Compressed Work Schedules Act
of 1978 (5 U.S.C. 6101 note) in existence on the date of enactment of
this Act shall be continued by the agency concerned.
(b)(1) During the 90-day period after the date of the enactment of
this Act, any flexible or compressed work schedule referred to in
subsection (a) may be reviewed by the agency concerned. If, in
reviewing the schedule, the agency determines in writing that--,
(A) the schedule has reduced the productivity of the agency or
the level of services to the public, or has increased the cost of
the agency operations, and
(B) termination of the schedule will not result in an increase
in the cost of the agency operations (other than a reasonable
administrative cost relating to the process of terminating a
schedule),
the agency shall, notwithstanding any provision of a negotiated
agreement, immediately terminate such schedule and such termination
shall not be subject to negotiation or to administrative review (except
as the President may provide) or to judicial review.
(2) If a schedule established pursuant to a negotiated agreement is
terminated under paragraph (1), either the agency or the exclusive
representative concerned may, by written notice to the other party
within 90 days after the date of such termination, initiate collective
bargaining pertaining to the establishment of another flexible or
compressed work schedule under subchapter II of chapter 61 of title 5,
United States Code, which would be effective for the unexpired portion
of the term of the negotiated agreement.
Sec. 5. The amendments made by this Act // 5 USC 6101 // shall not
be in effect after three years after the date of the enactment of this
Act.
Sec. 6. (a) Section 6106 of title 5, United States Code, // 5 USC
6106. // is amended by striking out the period and inserting in lieu
thereof a comma and "except that the Bureau of Engraving and Printing
may use such recording clocks.".
(b) The amendment made by this section // 5 USC 6106 note. // shall
take effect October 1, 1982. Section 5 of this Act shall not apply to
the amendment made by this section.
Approved July 23, 1982.
LEGISLATIVE HISTORY-S. 2240 (H.R. 5366):
SENATE REPORT No. 97 - 365 (Comm. on Governmental Affairs).
CONGRESSIONAL RECORD, Vol. 128 (1982):
June 30, considered and passed Senate.
July 12, considered and passed House.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 18, No. 29 (1982):
July 23, Presidential statement.
PUBLIC LAW 97-220, 96 STAT. 222, OLYMPIC COMMEMORATIVE COIN ACT
support the 1984 Los Angeles
Olympic Games.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1. This Act // 31 USC 324 // may be cited as the " Olympic
Commemorative Coin Act".
Sec. 2. // 31 USC 324 // (a)(1) Notwithstanding any other provision
of law, the Secretary of the Treasury (hereinafter in this Act referred
to as the " Secretary") shall issue not more than fifty million
one-dollar coins which shall weigh 26.73 grams, have a diameter of 1.50
inches, and shall contain 90 per centum silver and 10 per centum copper.
(2) The Secretary shall determine the design of such one-dollar
coins. Such design shall be emblematic of the 1984 summer Olympic games
which are to be held in Los Angeles, California. On each such
one-dollar coin there shall be a designation of the value of the coin,
an inscription of the year of issue, and inscriptions of the words "
Liberty", " In God We Trust", " United States of America", and " E
Pluribus Unum".
(3) The coins shall be issued in two separate designs, one in 1983
and one in 1984.
(b)(1) Notwithstanding any other provision of law, the Secretary
shall issue not more than two million ten-dollar coins which shall weigh
16.718 grams, have a diameter of 1.06 inches, and shall contain 90 per
centum gold and 10 per centum copper.
(2) The Secretary shall determine the design of such ten-dollar coin.
Such design shall be emblematic of the 1984 summer Olympic games which
are to be held in Los Angeles, California. On each such ten-dollar coin
there shall be a designation of the value of the coin, an inscription of
the year 1984, and inscriptions of the words " Liberty", " In God We
Trust", " United States of America", and " E Pluribus Unum".
(c) The coins issued under this section shall be issued in
uncirculated and proof qualities.
(d) All coins issued under this section shall be legal tender as
provided in section 102 of the Coinage Act of 1965. // 31 USC 392. //
(e)(1) The Secretary shall obtain gold for the coins minted under
this Act pursuant to the authority of the Secretary under existing law.
(2) The Secretary shall obtain silver for the coins minted under this
Act from stocks of silver held by the Secretary of the Treasury or from
any other federally owned stocks of silver.
Sec. 3. (a) Notwithstanding any other provision of the law, the
coins issued under this Act // 31 USC 324 // shall be sold within the
United States (including United States military and diplomatic
establishments outside the United States) by the Secretary under such
regulations as he may prescribe and at a price equal to face value, plus
the cost of issuing such coins (including labor, materials, dies, use of
machinery, and overhead expenses).
(b) The Secretary shall make bulk sales at a reasonable discount to
reflect the lower costs of such sales.
(c) The Secretary shall accept prepaid orders for the coins prior to
the issuance of such coins. Sales under this subsection shall be at a
reasonable discount to reflect the benefit of prepayment.
(d) All sales shall include a surcharge, established by the
Secretary, of not less than $10 per coin for one-dollar coins and not
less than $50 per coin for ten-dollar coins.
Sec. 4. (a) The Secretary shall assign the rights to market the
coins outside the United States (excluding United States military and
diplomatic establishments outside the United States) to a marketing
organization selected under section 5.
(b) The marketing organization assigned the rights under this section
shall pay a price determined under sections 3 (b) and (d).
Sec. 5. (a) As soon as possible after the effective date of this
Act, a committee consisting of the Secretary of the Treasury, the
executive director of the United States Olympic Committee, and the
president of the Los Angeles Olympic Organizing Committee, shall
solicit, in accordance with procedures specified by the Secretary of the
Treasury, proposals from marketing organizations to carry out a
marketing agreement. Such procedures shall include the publication of
evaluation criteria that will serve as a basis for selecting one or more
marketing organizations. Such criteria shall include--,
(1) the financial resources and coin marketing experience of
the marketing organization;
(2) the estimated proceeds from the sale or other disposition
of the coins; and
(3) the commitment of the marketing organization to purchase a
certain minimum number of such coins or to pay the surcharge on
such coins; and
(4) the terms and conditions for the marketing of the coins,
including--,
materials
to be used in promoting the coins.
(b) Within forty-five days after the effective date of this Act, the
committee shall consider all proposals received from marketing
organizations under subsection (a) and select by majority vote one or
more marketing organizations which offer the terms for marketing of the
coins most favorable in accordance with the published evaluation
criteria. Any marketing organization selected shall be acceptable to
the Secretary of the Treasury.
Sec. 6. (a) Fifty per centum of the amount of all surcharges which
are received by the Secretary from the sale of coins issued under this
Act shall be promptly paid by the Secretary to the United States Olympic
Committee. Such amounts shall be used to train United States Olympic
athletes, to support local or community amateur athletic programs, and
to erect facilities for the training of such athletes.
(b) Fifty per centum of the amount of all surcharges which are
received by the Secretary from the sale of coins under this Act shall be
promptly paid by the Secretary to the Los Angeles Olympic Organizing
Committee. Such amounts shall be used to stage and promote the 1984 Los
Angeles Olympic games.
(c) Amounts received by the Secretary from advance sale of coins to
be issued under this Act shall be paid to the United States Olympic
Committee and the Los Angeles Olympic Organizing Committee under
subsections (a) and (b), provided that any amounts paid to the
Committees shall not exceed an amount equivalent to the surcharges
received by the Secretary from the advance sale of coins.
(d)(1) On March 31, 1985, the Los Angeles Olympic Organizing
Committee shall remit to the United States Olympic Committee all amounts
remaining from the disposition of the coins under this Act. In no event
may such amount be less than that portion of the unobligated funds of
the committee on that date represented by the ratio of the total amount
of income received by the committee from the disposition of the coins
minted under this Act to the total amount of income received by the
committee from all sources.
(2) After March 31, 1985, all amounts received by the committee from
the disposition of coins minted under this Act shall be remitted within
ten days to the United States Olympic Committee.
(3) All amounts received by the United States Olympic Committee under
this subsection shall be used solely for the purposes described in
subsection (a).
Sec. 7. (a) The Secretary of the Treasury shall enter into an
agreement with the marketing organization selected under section 5 which
shall provide for the implementation of that section and which shall
include an agreement on--,
(1) the price and schedule of payments for the coins;
(2) the schedule and other provisions for the delivery of the
coins; and
(3) the proportions of proof and uncirculated coins.
(b) The agreement between the Secretary of the Treasury and the
committee shall ensure that the issuance of coins under this section
shall result in no net cost to the United States Government.
(c) The agreement between the Secretary of the Treasury and the
marketing organization shall direct that the marketing organization
shall not use any words, perform any act, or make any statement, written
or oral, which would imply or indicate, or tend to imply or indicate,
that any portion of the coins' sale price to the public constitutes a
tax-deductible contribution.
(d) To the extent possible, the agreement between the Secretary of
the Treasury and the marketing organization shall be concluded within
sixty days of the date of the selection of the marketing organization.
(e) The Secretary may terminate the implementation agreement and
cease minting and the delivery of the coins issued under this section if
the Secretary of the Treasury finds that such termination is in the best
interests of the United States. Reasons for such termination may
include actions which are inconsistent with the terms of the
implementation agreement or advertising materials that are inappropriate
for advertising the sale of United States coinage or otherwise not in
keeping with the dignity of the United States coinage.
(f) If the Secretary of the Treasury exercises his authority under
subsection (e), the amount of any proceeds guaranteed to the Los Angeles
Olympic Organizing Committee and the United States Olympic Committee by
a marketing organization under a marketing agreement shall not be
reduced.
Sec. 8. Notwithstanding any other provision of law--,
(1) all amounts received from the sale of coins issued under
this Act shall be deposited in the coinage profit fund;
(2) the Secretary shall pay the amounts authorized under
section 6 from the coinage profit fund; and
(3) the Secretary shall charge the coinage profit fund with all
expenditures under this Act.
Sec. 9. The Comptroller General of the United States shall have the
right to examine such books, records, documents, and other data of the
United States Olympic Committee and the Los Angeles Olympic Organizing
Committee as may be related to the expenditure of amounts paid under
section 6.
Sec. 10. (a) The Secretary shall take all actions necessary to
ensure that the issuance of the coins authorized by this Act shall
result in no net cost to the United States Government.
(b) No coin shall be issued under this Act unless the Secretary has
received full payment therefor.
(c) The Secretary shall certify, in reports required to be filed
under section 11 of this Act, that he is in compliance with this
section.
Sec. 11. Not later than forty-five days after the last day of each
calendar quarter, the Secretary shall transmit a report to the Congress
regarding the activities carried out under this Act during such calendar
quarter. No such report shall be required with respect to any calendar
quarter beginning after December 31, 1985.
Approved July 22, 1982.
LEGISLATIVE HISTORY-S. 1230:
HOUSE REPORT No. 97 - 554 (Comm. on Banking, Finance and Urban
Affairs).
SENATE REPORT No. 97 - 264 (Comm. on Banking, Housing, and Urban
Affairs).
CONGRESSIONAL RECORD:
Vol. 127 (1981): Dec. 9, considered and passed Senate.
Vol. 128 (1982): May 20, considered and passed House, amended.
July 1, Senate concurred in House amendment.
PUBLIC LAW 97-219, 96 STAT. 217, SMALL BUSINESS INNOVATION
DEVELOPMENT ACT OF 1982
of the small, innovative
firms in federally funded research and development, and
to utilize Federal research
and development as a base for technological innovation
to meet agency needs and
to contribute to the growth and strength of the
Nation's economy.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1. This Act // 15 USC 631 // may be cited as the " Small
Business Innovation Development Act of 1982".
Sec. 2. (a) The Congress finds that--,
(1) technological innovation creates jobs, increases
productivity, competition, and economic growth, and is a valuable
counterforce to inflation and the United States
balance-of-payments deficit;
(2) while small business is the principal source of significant
innovations in the Nation, the vast majority of federally funded
research and development is conducted by large businesses,
universities, and Government laboratories; and
(3) small businesses are among the most cost-effective
performers of research and development and are particularly
capable of developing research and development results into new
products.
(b) Therefore, the purposes of the Act are--,
(1) to stimulate technological innovation;
(2) to use small business to meet Federal research and
development needs;
(3) to foster and encourage participation by minority and
disadvantaged persons in technological innovation; and
(4) to increase private sector commercialization innovations
derived from Federal research and development.
Sec. 3. Section 9(b) of the Small Business Act // 15 USC 638. // is
amended--,
(1) by striking out "and" at the end of paragraph (2);
(2) by striking out the period at the end of paragraph (3) and
inserting in lieu thereof "; and"; and
(3) by adding at the end thereof the following:
"(4) to develop and maintain a source file and an information
program to assure each qualified and interested small business
concern the opportunity to participate in Federal agency small
business innovation research programs;
"(5) to coordinate with participating agencies a schedule for
release of SBIR solicitations, and to prepare a master release
schedule so as to maximize small businesses' opportunities to
respond to solicitations;
"(6) to independently survey and monitor the operation of SBIR
programs within participating Federal agencies; and
"(7) to report not less than annually to the Committee on Small
Business of the Senate and the Committee on Small Business of the
House of Representatives on the SBIR programs of the Federal
agencies and the Administration's information and monitoring
efforts related to the SBIR programs.".
Sec. 4. Section 9 of the Small Business Act // 15 USC 638. // is
amended by adding at the end thereof the following new subsections:
"(e) For the purpose of this section--,
"(1) the term 'extramural budget' means the sum of the total
obligations minus amounts obligated for such activities by
employees of the agency in or through Government-owned,
Government-operated facilities, except that for the Agency for
International Development it shall not include amounts obligated
solely for general institutional support of international research
centers or for grants to foreign countries;
"(2) the term ' Federal agency' means an executive agency as
defined in section 105 of title 5, United States Code, or a
military department as defined in section 102 of such title,
except that it does not include any agency within the Intelligence
Community (as the term is defined in section 3.4(f) of Executive
Order 12333 or its successor orders);
"(3) the term 'funding agreement' means any contract, grant, or
cooperative agreement entered into between any Federal agency and
any small business for the performance of experimental,
developmental, or research work funded in whole or in part by the
Federal Government;
"(4) the term ' Small Business Innovation Research Program' or
' SBIR means a program under which a portion of a Federal agency's
research or research and development effort is reserved for award
to small business concerns through a uniform process having--,
the
scientific and technical merit and feasibility of ideas
submitted
pursuant to SBIR program solicitations;
technical
merit and feasibility evidenced by the first phase and,
where two or more proposals are evaluated as being of
approximately equal scientific and technical merit and
feasibility,
special consideration shall be given to those proposals
that have demonstrated third phase, non-Federal capital
commitments; and
non-Federal
capital pursues commercial applications of the
research or research and development and which may also
involve follow-on non-SBIR funded production contracts
with a Federal agency for products or processes
intended
for use by the United States Government; and
"(5) the term 'research' or 'research and development' means
any activity which is (A) a systematic, intensive study directed
toward greater knowledge or understanding of the subject studied;
(B) a systematic study directed specifically toward applying new
knowledge to meet a recognized need; or (C) a systematic
application of knowledge toward the production of useful
materials, devices, and systems or methods, including design,
development, and improvement of prototypes and new processes to
meet specific requirements.
"(f)(1) Each Federal agency which has an extramural budget for
research or research and development in excess of $100,000,000 for
fiscal year 1982, or any fiscal year thereafter, shall expend not less
than 0.2 per centum of its extramural budget in fiscal year 1983 or in
such subsequent fiscal year as the agency has such budget, not less than
0.6 per centum of such budget in the second fiscal year thereafter, not
less than 1 per centum of such budget in the third fiscal year
thereafter, and not less than 1.25 per centum of such budget in all
subsequent fiscal years with small business concerns specifically in
connection with a small business innovation research program which meets
the requirements of the Small Business Innovation Development Act of
1982 and regulations issued thereunder: Provided, That any Federal
agency which has an extramural budget for research or research and
development in excess of $10,000,000,000 for fiscal year 1982 shall
expend not less than 0.1 per centum of its extramural budget in fiscal
year 1983, not less than 0.3 per centum of such budget in the second
fiscal year thereafter, not less than 0.5 per centum of such budget in
the third fiscal year thereafter, not less than 1 per centum of such
budget in the fourth fiscal year thereafter, and not less than 1.25 per
centum of such budget in all subsequent fiscal years with small business
concerns specifically in connection with a small business innovation
research program which meets the requirements of the Small Business
Innovation Development Act of 1982 and regulations issued thereunder:
Provided further, That a Federal agency shall not make available for the
purpose of meeting the requirements of this subsection an amount of its
extramural budget for basic research or research and development which
exceeds the percentages specified herein. Funding agreements with small
business concerns for research or research and development which result
from competitive or single source selections other than under a small
business innovation research program shall not be counted as meeting any
portion of the percentage requirements of this subsection.
"(2) Amounts appropriated for atomic energy defense programs of the
Department of Energy shall for the purposes of paragraph (1) be excluded
from the amount of the research or research and development budget of
that department.
"(g) Each Federal agency required by subsection (f) to establish a
small business innovation research program shall, in accordance with
this Act and regulations issued hereunder--,
"(1) unilaterally determine categories of projects to be in its
SBIR program;
"(2) issue small business innovation research solicitations in
accordance with a schedule determined cooperatively with the Small
Business Administration;
"(3) unilaterally receive and evaluate proposals resulting from
SBIR proposals;
"(4) unilaterally select awardees for its SBIR funding
agreements;
"(5) administer its own SBIR funding agreements (or delegate
such administration to another agency);
"(6) make payments to recipients of SBIR funding agreements on
the basis of proress toward or completion of the funding agreement
requirements; and
"(7) make an annual report on the SBIR program to the Small
Business Administration and the Office of Science and Technology
Policy.
"(h) In addition to the requirements of subsection (f), each Federal
agency which has a budget for research or research and development in
excess of $20,000,000 for any fiscal year beginning with fiscal year
1983 or subsequent fiscal year shall establish goals specifically for
funding agreements for research or research and development to small
business concerns, and no goal established under this subsection shall
be less than the percentage of the agency's research or research and
development budget expended under funding agreements with small business
concerns in the immediately preceding fiscal year.
"(i) Each Federal agency required by this section to have an SBIR
program or to establish goals shall report annually to the Small
Business Administration the number of awards pursuant to grants,
contracts, or cooperative agreements over $10,000 in amount and the
dollar value of all such awards, identifying SBIR awards and comparing
the number and amount of such awards with awards to other than small
business concerns.
"(j) The Small Business Administration, after consultation with the
Administrator of the Office of Federal Procurement Policy, the Director
of the Office of Science and Technology Policy, and the
Intergovernmental Affairs Division of the Office of Management and
Budget, shall, within one hundred and twenty days of the enactment of
the Small Business Innovation Development Act of 1982, issue policy
directives for the general conduct of the SBIR programs within the
Federal Government, including providing for--,
"(1) simplified, standardized, and timely SBIR solicitations;
"(2) a simplified, standardized funding process which provides
for (A) the timely receipt and review of proposals; (B) outside
peer review for at least phase two proposals, if appropriate; (C)
protection of proprietary information provided in proposals; (D)
selection of awardees; (E) retention of rights in data generated
in the performance of the contract by the small business concern;
(F) transfer of title to property provided by the agency to the
small business concern if such a transfer would be more cost
effective than recovery of the property by the agency; (G) cost
sharing; and (H) cost principles and payment schedules;
"(3) exemptions from the regulations under paragraph (2) if
national security or intelligence functions clearly would be
jeopardized;
"(4) minimizing regulatory burden associated with participation
in the SBIR program for the small business concern which will
stimulate the cost-effective conduct of Federal reserch and
development and the likelihood of commercialization of the results
of research and development conducted under the SBIR program; and
"(5) simplified, standardized, and timely annual report on the
SBIR program to the Small Business Administration and the Office
of Science and Technology Policy.
"(k) The Director of the Office of Science and Technology Policy, in
consultation with the Federal Coordinating Council for Science,
Engineering and Research, shall, in addition to such other
responsibilities imposed upon him by the Small Business Innovation
Development Act of 1982--,
"(1) independently survey and monitor all phases of the
implementation and operation of SBIR programs within agencies
required to establish an SBIR program, including compliance with
the expenditures of funds according to the requirements of
subsection (f) of this section; and
"(2) report not less than annually, and at such other times as
the Director may deem appropriate, to the Committees on Small
Business of the Senate and the House of Representatives on all
phases of the implementation and operation of SBIR programs within
agencies required to establish an SBIR program, together with such
recommendations as the Director may deem appropriate.".
Sec. 5. Effective October 1, 1988, paragraphs (4) through (7) of
section 9(b) of the Small Business Act (as added by section 3) and
subsections (e) through (k) of section 9 of the Small Business Act (as
added by section 4) // 15 USC 638. // are repealed.
Sec. 6. The Comptroller General shall, not more than five years
after the date of enactment of this Act, // 15 USC 638. // transmit a
report to the Senate and the House of Representatives on the
implementation of, and nature of research conducted under this Act,
including the judgments of the heads of Departments and agencies as to
the effect of this Act on research programs.
Approved July 22, 1982.
LEGISLATIVE HISTORY-S. 881 (H.R. 4326):
HOUSE REPORTS: No. 97 - 349, Pts. i-7 accompanying H.R. 4326 (Comms.
on Small Business; Energy and Commerce; Veterans' Affairs; Science
and Technology; Foreign Affairs; Armed Services; and Permanent Select
Commitee on Intelligence), respectively.
SENATE REPORT No. 97 - 194 (Comm. on Small Business).
CONGRESSIONAL RECORD:
Vol. 127 (1981): Dec. 7, 8, considered and passed Senate.
Vol. 128 (1982): June 17, 22, 23, H.R. 4326 considered and
passed House; passage vacated and S. 881, amended, passed in
lieu.
June 29, Senate concurred in House amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS:
Vol. 18, No. 29 (1982): July 22, Presidential statement.
PUBLIC LAW 97-218, 96 STAT. 218, NO NET COST TOBACCO PROGRAM ACT OF
1982
and production adjustment
program in such a manner as to result in no net cost to
taxpayers, to limit
increases in the support price for tobacco, 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 1281 // may be cited as the " No Net
Cost Tobacco Program Act of 1982".
Sec. 2. Congress finds that--,
(1) in order to implement the intent of Congress, as expressed
in the Agriculture and Food Act of 1981,
// 7 USC 1281 //
that the tobacco price support and production adjustment program
be carried out at no net cost to the taxpayer, other than
administrative expenses common to the operation of all price
support programs, it is necessary that producers of quota tobacco
share equitably in helping to eliminate losses which may be
incurred in carrying out the program;
(2) producers of quota tobacco should be required, as a
condition of receiving the benefits of price support for their
tobacco, to contribute to a capital account to be established by
each producer-owned marketing association through which price
support advances are made available to producers; and
(3) the account so established should be used by the
associations exclusively for the purpose of achieving a no net
cost tobacco program.
Sec. 101. Effective for the 1982 and subsequent crops of tobacco,
the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.) is amended by
inserting, following section 106, a new section 106 A as follows:
" Sec. 106 A. // 7 USC 1445 - 1. // (a) As used in the section--,
"(1) the term 'association' means a producer-owned cooperative
marketing association which has entered into a loan agreement with
the Corporation to make price support available to producers;
"(2) the term ' Corporation' means the Commodity Credit
Corporation, an agency and instrumentality of the United States
within the Department of Agriculture through which the Secretary
makes price support available to producers;
"(3) the term ' Fund' means the capital account to be
established within each association, which account shall be known
as the ' No Net Cost Tobacco Fund';
"(4) the term 'to market' means to dispose of quota tobacco by
voluntary or involuntary sale, barter, exchange, gift inter vivos,
or consigning the tobacco to an association for a price support
advance;
"(5) the term 'net gains' means the amount by which total
proceeds obtained from the sale by an association of a crop of
quota tobacco pledged to the Corporation for price support loan
exceeds the principal amount of the price support loan made by the
Corporation to the association on such crop, plus interest and
charges; and
"(6) the term 'quota tobacco' means any kind of tobacco for
which marketing quotas are in effect or for which marketing quotas
are not disapproved by producers.
"(b) The Secretary may carry out the tobacco price support program
through the Corporation and shall, except as otherwise provided by this
section, continue to make price support available to producers through
loans to associations that, under agreements with the Corporation, agree
to make loan advances to producers.
"(c) Each association shall establish within the association a Fund.
The Fund shall be comprised of amounts contributed by producer--,
members as provided in subsection (d).
"(d) The Secretary shall--,
"(1) require--,
established
by the Secretary preceding the beginning of the
first marketing year of such three-year period (or, in
the case of a producer of Burley quota tobacco on a new
farm or a producer of Burley quota tobacco succeeding
another producer on a farm, before the beginning of
the marketing year in which such new producer or
such successor producer will first market Burley quota
tobacco from the farm involved), to contribute in each
of the marketing years in such three-year period (or, in
the case of such new producer or such successor
producer,
any remaining marketing year in such three--,
year period), with respect to all Burley quota tobacco
marketed by the producer, to the appropriate
association,
for deposit in the association's Fund, an amount
determined from time to time by the association with
the approval of the Secretary; and
qualified
per unit retain certificate, as defined in section
1388(h) of the Internal Revenue Code,
// 26 USC 1388. //
having a face
amount equal to the amount of the contribution and
representing an interest in the association's Fund.
The Secretary shall approve the amount of the contributions
determined by an association from time to time under this
paragraph only if the Secretary determines that such amount will
result in accumulation of a Fund adequate to reimburse the
Corporation for any net losses which the Corporation may sustain
under its loan agreements with the association, based on
reasonable estimates of the amounts which the Corporation will
lend to the association under such agreements and the proceeds
which will be realized from the sales of tobacco which are pledged
to the Corporation by the association as security for loans;
"(2) effective for the 1983 and subsequent crops, require that
each owner and operator of any farm who, in conformity with the
provisions of subtitle B, part I, of the Agricultural Adjustment
Act of 1938,
// 7 USC 1311. //
leases all or any part of an acreage allotment or marketing quota
for Flue-cured tobacco to make contributions, for deposit into the
Fund established by the association which, under a loan agreement
with the Corporation, makes price support available to producers
of Flue-cured tobacco. The amount of such contribution for the
quantity of tobacco of each crop represented by such lease shall
be the same amount as the contribution for producers of Flue-cured
tobacco of such crop determined and approved under paragraph (1).
The Secretary shall require that such association, upon receiving
such contribution, issue to such owner and operator capital stock
or, if the association does not issue such stock, a capital
certificate having a par value or face amount, respectively, equal
to the contribution;
"(3) require that the Fund established by each association
shall be kept and maintained separate from all other accounts of
the association and shall be used exclusively, as prescribed by
the Secretary, for the purpose of ensuring, insofar as
practicable, that the Corporation, under its loan agreements with
the association with respect to 1982 and subsequent crops of quota
tobacco, will suffer no net losses (including, but not limited to,
recovery of the amount of loans extended to cover the overhead
costs of the association), after any net gains are applied to net
losses of the corporation under paragraph (5);
"(4) permit an association to invest the monies in the Fund in
such manner as the Secretary may approve, and require that the
interest or other earnings on such investment shall become a part
of the Fund;
"(5) require that loan agreements between the Corporation and
the association provide that the Corporation shall retain the net
gains from each of the 1982 and subsequent crops of tobacco
pledged by the association as security for price support loans,
and that such net gains will be used for the purpose of (A)
offsetting any losses sustained by the Corporation under its loan
agreements with the association for any of the 1982 and subsequent
crops of loan tobacco, or (B) reducing the outstanding balance of
any price support loan made by the Corporation to the association
under such agreements for 1982 and subsequent crops of tobacco, or
for both such purposes; and
"(6) provide, in loan agreements between the Corporation and an
association, that if the Secretary determines that the amount in
the Fund or the net gains referred to in paragraph (5) exceed the
amounts necessary for the purposes specified in this section, such
excess (A) in the case of an association making price support
available to producers of quota tobacco other than Burley tobacco,
will be released to the association by the Corporation and may be
devoted to other purposes by the association, and (B) in the case
of an association making price support available to producers of
Burley quota tobacco, will be released to the association by the
Corporation and may be distributed, as determined by the
association, to the producer-members of the association as a
capital distribution or net gain distribution.
"(e) If any association which has entered into a loan agreement with
the Corporation with respect to 1982 or subsequent crops of quota
tobacco fails or refuses to comply with the provisions of this section,
the regulations issued by the Secretary thereunder, or the terms of such
agreement, the Secretary may terminate such agreement or provide that no
additional loan funds may be made available thereunder to the
association. In such event, the Secretary shall make price support
available to producers of the kind or kinds of tobacco, the price of
which had been supported through loans to such association, through such
other means as are authorized by // 15 USC 714 // this Act or the
Commodity Credit Corporation Charter Act.
"(f) If, under subsection (e), a loan agreement with an association
is terminated, or if an association having a loan agreement with the
Corporation is dissolved, merges with another association, or otherwise
ceases to operate, the Fund or the net gains referred to in subsection
(d)(5) shall be applied or disposed of in such manner as the Secretary
may approve or prescribe, except that they shall, to the extent
necessary, first be applied or used for the purposes therefor prescribed
in this section.
"(g) The secretary shall issue regulations necessary to carry out the
provisions of this section.".
Sec. 102. Effective for the 1982 and subsequent crops of tobacco,
section 106 of the Agricultural Act of 1949 (7 U.S.C. 1445) is amended
by adding at the end thereof new subsection (d) as follows:
"(d) Notwithstanding the provisions of section 403, // 7 USC 1423.
// if the Secretary determines that the supply of any grade of any kind
of tobacco of a crop for which marketing quotas are in effect or are not
disapproved by producers will likely be excessive, the Secretary, after
prior consultation with the association through which price support for
the grade and kind of tobacco is made available to producers, may reduce
the support rate which would otherwise be established for such grade of
tobacco after taking into consideration the effect such reduction may
have on the supply and price of other frades of other kinds of quota
tobacco: Provided, That the weighted average of the support rates for
all eligible grades of such kind of tobacco shall, after such reduction,
reflect not less than (1) 65 per centum of the increase in the support
level for such kind of tobacco which would otherwise be established
under this section, if the support level therefor is higher then the
support level for the preceding crop, or (2) the support level for such
kind of tobacco established under this section, if the support level
therefor is not higher than the support level for the preceding crop.
In determining whether the supply of any grade of any kind of tobacco of
a crop will be excessive, the Secretary shall take into consideration
the domestic supply, including domestic inventories, the amount of such
tobacco pledged as security for price support loans, and anticipated
domestic and export demand, based on the maturity, uniformity and stalk
position of such tobacco.".
MARKETING QUOTA
AND FOR MARKETING CERTAIN TOBACCO THAT IS NOT
ELIGIBLE FOR
PRICE SUPPORT
Sec. 103. Effective for the 1983 and subsequent crops of tobacco,
section 314 of the Agricultural Adjustment Act of 1938 // 7 USC 1314.
// is amended by amending the first sentence of subsection (a) to read
as follows: " The marketing of (1) any kind of tobacco in excess of the
marketing quota for the farm on which the tobacco is produced, or (2)
any kind of tobacco that is not eligible for price support under the
Agricultural Act of 1949 // 7 USC 1421 // because a producer on the farm
has not agreed to make contributions or pay assessments to the No Net
Cost Tobacco Fund or the No Net Cost Tobacco Account as required by
sections 106 A(d)(1) and 106(B)(d)(1) of that Act, if marketing quotas
for that kind of tobacco are in effect, shall be subject to a penalty of
75 per centum of the average market price (calculated to the nearest
whole cent) for such kind of tobacco for the immediately preceding
marketing year.".
ALLOTMENTS AND
MARKETING QUOTAS
Sec. 201. (a) Section 316(a) of the Agricultural Adjustment Act of
1938 (7 U.S.C. 1314b(a)) is amended by--,
(1) inserting "(1)" after "(a)";
(2) inserting "shall permit the owner of any farm to which a
Flue-cured tobacco acreage allotment or quota is assigned under
this Act and" after "program,";
(3) inserting " Flue-cured," after " Burley,";
(4) inserting a comma before "to lease";
(5) adding at the end thereof the following new paragraph:
"(2)(A) No lease of any Flue-cured tobacco allotment or quota
assigned to a farm may be filed under subsection (c) of this section
after June 15 of the crop year specified in such lease, except that the
Secretary may allow a lease to be so filed after June 15 of such crop
year if the Secretary determines that, as a result of flood, hail, wind,
tornado, or other natural disaster--,
"(i) the county in which such farm is located has suffered a
loss of not less than 10 per centum of the acreage of Flue-cured
tobacco planted for harvest in such crop year;
"(ii) the lessor involved has suffered a loss of not less than
10 per centum of the acreage of Flue-cured tobacco planted for
harvest on such farm in such crop year; and
"(iii) such lease will not impair the effective operation of
the tobacco marketing quota or price support program.
If the Secretary makes such determination, then the Secretary may permit
the lessor to lease all or any part of such allotment or quota to any
other owner or operator of a farm in the same county or in an adjoining
county within the same State for use in such county on a farm having a
current Flue-cured tobacco allotment or quota. If permitted, such lease
and transfer shall not be effective until a copy of such lease and a
written statement described in subsection (c) of this section are filed
with and determined by the county committee of such county to be in
compliance with the provisions of this section.
"(B) No agreement or arrangement may be made in connection with the
making of any lease with respect to any Flue-cured tobacco allotment or
quota under paragraph (1) of this subsection except--,
"(i) between the lessor and lessee; or
"(ii) between the lessor or lessee and any attorney, trustee,
bank, or other agent or representative, who regularly represents
the lessor or lessee, as the case may be, in business transactions
unrelated to the production or marketing of tobacco.
"(C) No sublease or other transfer of such allotment or quota may be
made by such lessee during the period of such lease."; and
(6) amending the section heading for such section to read as
follows:
(b) Section 316(c) of the Agricultural Adjustment Act of 1938 (7 U.
S.C. 1314b(c)) is amended by--,
(1) in the first sentence--,
thereof
"the lease or sale agreement, as the case may be,";
(2) striking out the second sentence and inserting in lieu
thereof the following: " In the case of a lease and transfer of
any Flue-cured tobacco allotment or quota for use with respect to
any crop, such lease shall not be effective until, in addition to
a copy of such lease, the lessor and lessee involved each file
with such county committee a written statement certifying such
compliance. If, after notice and an opportunity for a hearing,
such county committee determines that such lessee knowingly made a
false statement in such written statement, then such lessee shall
be ineligible for price support for such crop under the
Agricultural Act of 1949
// 7 USC 1421 //
with respect to the poundage of tobacco produced under such
allotment or quota or, if such determination is made after such
lessee received such price support, the Secretary, taking into
consideration the recommendation of such county committee and the
amount of such poundage, shall reduce appropriately the poundage
for which such lessee may receive price support with respect to
the crop first marketed after such determination is made. If,
after notice and an opportunity for a hearing, such county
committee determines that such lessor knowingly made a false
statement in such written statement, then the Flue-cured allotment
or quota next established for the farm of such lessor shall be
reduced by that percentage which the leased allotment or quota was
of the respective Flue-cured marketing quota. Notice of any
determination made by a county committee under the preceding
provisions shall be mailed, as soon as practicable, to the lessee
or the lessor involved. If such lessee or such lessor is
dissatisfied with such determination, then such lessee or such
lessor may request, within fifteen days after notice of such
determination is so mailed, a review of such determination by a
local review committee under section 363 of this Act.";
// 7 USC 1363. //
and
(3) in the third sentence (as in effect before the amendment
made by paragraph (2)) by--,
(c) Section 316(e) of the Agricultural Adjustment Act of 1938 (7 U.
S.C. 1314b(e)) is amended by--,
(1) inserting "(1)" after "(e)";
(2) inserting "or sale" after "lease";
(3) inserting "or, in the case of Flue-cured tobacco, of the
acreage of tillable cropland (as defined in paragraph (2)) in the
farm" before the colon; and
(4) adding at the end thereof the following new paragraph:
"(2) For purposes of this section, the term 'tillable cropland' means
cleared land that can be planted to crops without unusual cultivation or
other preparation.".
(d) Section 316 of the Agricultural Adjustment Act of 1938 (7 U.S.C.
1314b) is amended by striking out subsections (g), (h), and (i) and
inserting in lieu thereof the following new subsections:
"(g)(1) The Secretary shall permit the owner of any farm to which a
Flue-cured tobacco allotment or quota is assigned to sell, for use on
another farm in the same county, all or any part of such allotment or
quota to any person who is or intends to become an active Flue--, cured
tobacco producer. For purposes of this section, the term 'active
Flue-cured tobacco producer' means any person who shared in the risk of
producing a crop of Flue-cured tobacco in not less than one of the three
years preceding the year involved, or any person who certifies to the
Secretary, in such form and manner as the Secretary shall by regulation
prescribe, his or her intent to become a Flue--, cured tobacco producer.
"(2) For purposes of this section, a person shall be considered to
have shared in the risk of producing a crop of Flue-cured tobacco if--,
"(A) the investment of such person in the production of such
crop is not less than 20 per centum of the proceeds of the sale of
such crop;
"(B) the amount of such person's return on such investment is
dependent solely on the sale price of such crop; and
"(C) such person may not receive any of such return before the
sale of such crop.
Any person who owns any Flue-cured tobacco allotment or quota and leases
such allotment or quota to another person for use in producing a crop
shall be considered to have shared in the risk of producing such crop
if, under the terms of such lease, subparagraphs (B) and (C) of this
paragraph are satisfied with regard to such owner.
"(h)(1) Any person who--,
"(A) acquires any Flue-cured tobacco acreage allotment or quota
by purchase under subsection (g) of this section; and
"(B) with respect to any crop of Flue-cured tobacco planted
after the date of such acquisition, fails to share in the risk of
producing tobacco under such allotment or quota in the manner
specified in subsection (g)(2) of this section;
shall sell such allotment or quota before the expiration of the
eighteen-month period beginning on July 1 of the year in which such crop
is planted, or such allotment or quota shall be subject to forfeiture
under the procedure specified in paragraph (3) of this subsection.
"(2) Any person who--,
"(A) acquires any Flue-cured tobacco acreage allotment or quota
by purchase under subsection (g) of this section; and
"(B) disposes of an acreage of tillable cropland (as defined in
subsection (e)(2) of this section) which results in the total
acreage of Flue-cured tobacco allotted to such person's farm
exceeding 50 per centum of the tillable cropland owned by such
person;
shall, before July 1 of the year after the year of such disposal, take
steps which will result in the total acreage of Flue-cured tobacco
allotted to such farm not exceeding 50 per centum of the tillable
cropland owned by such person. If such person fails to take such steps,
then any such excess allotment or quota shall be subject to forfeiture
under the procedure specified in paragraph (3) of this subsection.
"(3)(A) If, after notice and an opportunity for a hearing, the
appropriate county committee determines that any person knowingly failed
to comply with paragraph (1) or (2) of this subsection, then such person
shall forfeit to the Secretary the allotment or quota specified in such
paragraph. Any allotment or quota so forfeited shall be reallocated by
such county committee for use by active Flue--, cured tobacco producers
(as defined in subsection (g)(1) of this section) in the county
involved.
"(B) Notice of such determination shall be mailed, as soon as
practicable, to such person. If such person is dissatisfied with such
determination, then such person may request, within fifteen days after
notice of such determination is so mailed, a review of such
determination by a local review committee under section 363 of this
Act.". // 7 USC 1363. //
ENACTMENT
Sec. 202. The Agricultural Adjustment Act of 1938 (7 U.S.C. 1281 et
seq.) is amended by inserting after section 316, a new section 316 A, as
follows:
ACREAGE
ALLOTMENTS AND MARKETING QUOTAS
" Sec. 316 A. // 7 USC 1314b-1. // (a) Any person (including, but
not limited to, any governmental entity, public utility, educational
institution, or religious institution, but not including any individual)
which, on or after the date of the enactment of this section--,
"(1) owns a farm for which a Flue-cured acreage allotment or
marketing quota is established under this Act; and
"(2) is not significantly involved in the management or use of
land for agricultural purposes;
shall sell such allotment or quota in accordance with section 316(g) of
this Act not later than December 1, 1983, or December 1 of the year
after the year in which the farm is acquired, whichever is later, or
shall forfeit such allotment or quota under the procedure specified in
subsection (c).
"(b) Any person (including, but not limited to, any
governmental entity, public utility, educational institution, or
religious institution) who, on or after December 1, 1983, owns a
farm for which the total acreage alloted for the production of
Flue-cured tobacco under this Act exceeds 50 per centum of such
farm's tillable cropland, as defined in section 316(e)(2) of this
Act, shall forfeit any acreage allotment or marketing quota
representing the excess under the procedure specified in
subsection (c). In the case of any person who acquires a farm
after December 1, 1983, the acreage allotment or marketing quota
representing the excess shall not be subject to forfeiture until
July 1 of the year after the year of acquisition.
"(c)(1) If, after notice and an opportunity for a hearing, the
appropriate county committee determines that any person knowingly
failed to comply with subsection (a) or (b), then the allotment or
quota specified in such subsection shall be forfeited and shall be
reallocated in the manner provided for in section 316( h)(3)(A) of
this Act.
"(2) Notice of such determination shall be mailed, as soon as
practicable, to such person. If such person is dissatisfied with
such determination, then such person, within fifteen days after
notice of such determination is so mailed, may request review of
such determination under section 363 of this Act.".
// 7 USC 1363. //
ACREAGE--,
POUNDAGE QUOTAS
Sec. 203. Section 317(a) of the Agricultural Adjustment Act of 1938
(7 U.S.C. 1314c) is amended by--,
(1) adding at the end of paragraph (2) the following: "
Notwithstanding the preceding sentence, in 1983, and at five-year
intervals thereafter, the national average yield goal for
Flue-cured tobacco shall be adjusted by the Secretary to the past
five years' moving national average yield.";
(2) adding at the end of paragraph (4) the following: "
Notwithstanding the preceding provisions of this subsection, in
1983, and at five-year intervals thereafter, farm acreage
allotments for Flue-cured tobacco for farms in each county shall
be adjusted by the Secretary to reflect the increases or decreases
in the past five years' moving county average yield per acre, as
determined by the Secretary on the basis of actual yields of farms
in the county, or, if such information is not available, on such
other data on yields as the Secretary may deem appropriate."; and
(3) adding at the end of paragraph (6)(A) the following: "
Notwithstanding the preceding provisions of this subsection, in
1983 and at five-year intervals thereafter, preliminary farm
yields for Flue-cured tobacco farms in each county shall be
adjusted by the Secretary by the reciprocal of the factor computed
in paragraph (4) of this subsection to adjust farm acreage
allotments to reflect increases or decreases in the past five
years' moving county average yields.".
Sec. 204. Section 320(b) of the Agricultural Adjustment Act of 1938
(7 U.S.C. 1314f(b)) is amended by--,
(1) striking out in paragraph (3) "and" at the end thereof;
(2) striking out in paragraph (4) the period at the end thereof
and inserting in lieu thereof"; and"; and
(3) adding at the end thereof the following new paragraph:
"(5) tobacco when it is nonquota tobacco and produced in a
quota area in which the total of the acreage allotments for quota
tobacco established for farms is less than twenty acres.
Notwithstanding the provisions of section 312(c) of this Act,
// 7 USC 1312. //
producers of such nonquota tobacco shall not be eligible to vote
in the first referendum for such nonquota tobacco conducted by the
Secretary under such section after the effective date of this
paragraph.".
Sec. 205. (a) The fifth sentence of section 317(f) of the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1314c(f)) is amended by
inserting "and sold" after "leased".
(b) Section 703 of the Food and Agriculture Act of 1965 (7 U.S.C.
1316) is amended by--,
(1) striking out "lease and" each place it appears;
(2) striking out "lessee" each place it appears and inserting
in lieu thereof "transferee";
(3) striking out "lessor" each place it appears and inserting
in lieu thereof "transferor"; and
(4) striking out "leased" each place it appears and inserting
in lieu thereof "transferred".
OF TOBACCO
Sec. 206. (a) Section 314 of the Agricultural Adjustment Act of 1938
(7 U.S.C. 1314) is amended by adding a new subsection as follows:
"(c) Until the amount of the penalty provided by this section is
paid, a lien on the tobacco with respect to which such penalty is
incurred, and on any subsequent tobacco subject to marketing quotas in
which the person liable for payment of the penalty has an interest,
shall be in effect in favor of the United States for the amount of the
penalty.".
(b) Section 317 of the Agricultural Adjustment Act of 1938 (7 U.S.C.
1314c) is amended by adding a new subsection as follows:
"(j) Notwithstanding any other provision of this section, if a
producer falsely identifies tobacco as having been produced on or
marketed from a farm, the quantity of tobacco so falsely identified
shall be considered for purposes of establishing future farm marketing
quotas, as having been produced on both the farm for which it was
identified as having been produced and the farm of actual production, if
known, or, as the case may be, shall be considered as actually marketed
from the farm.".
Sec. 207. (a) Except as provided in subsection (b), this title // 7
USC 1314b // shall take effect on the date of the enactment of this Act.
(b) The amendments made by this title shall not apply to any lease of
a Flue-cured tobacco acreage allotment or marketing quota entered into
under the Agricultural Adjustment Act of 1938 (7 U.S.C. 1281 et seq.)
before the date of the enactment of this Act.
ACCOUNT
Sec. 301. Effective for the 1982 and subsequent crops of all kinds
of tobacco except Flue-cured tobacco, the Agricultural Act of 1949 (7
U.S.C. 1421 et seq.) is amended by inserting, following section 106 A
(as added by section 101 of this Act), a new section 106 B as follows:
ACCOUNT
" Sec. 106 B. // 7 USC 1445 - 2. // (a) As used in this section--,
"(1) the term 'association' means a producer-owned cooperative
marketing association which has entered into a loan agreement with
the Corporation to make price support available to producers of a
kind of tobacco, except that the term does not include such an
association that has entered into such an agreement to make price
support available to producers of Flue--, cured tobacco;
"(2) the term ' Account' means an account established by and in
the Corporation for an association, which account shall be known
as the ' No Net Cost Tobacco Account';
"(3) the term 'to market' means to dispose of tobacco by
voluntary or involuntary sale, barter, exchange, gift inter vivos,
or consigning the tobacco to an association for a price support
advance;
"(4) the term 'net gains' means the amount by which total
proceeds obtained from the sale by an association of a crop of a
kind of tobacco pledged to the Corporation for price support loan
exceeds the principal amount of the price support loan made by the
Corporation to the association on such crop, plus interest and
charges;
"(5) the term 'tobacco' means any kind of tobacco except
Flue--, cured tobacco, as defined in section 301(b)(15) of the
Agricultural Adjustment Act of 1938, for which marketing quotas
are in effect or for which marketing quotas are not disapproved by
producers;
"(6) the term 'area', when used in connection with an
association, means the general geographical area in which farms of
the producer-members of such association are located, as
determined by the Secretary; and
"(7) the term ' Corporation' shall have the meaning given to it
in section 106 A(a)(2).
"(b) Notwithstanding section 106 A, the Secretary shall, upon the
request of any association, and may, if the Secretary determines, after
consultation with such association, that the accumulation of the No Net
Cost Tobacco Fund for such association under section 106 A is, and is
likely to remain, inadequate to reimburse the Corporation for net losses
which the Corporation sustains under its loan agreement with such
association--,
"(1) continue to make price support available to producers
through such association in accordance with loan agreements
entered into between the Corporation and such association; and
"(2) establish and maintain in accordance with this section a
No Net Cost Tobacco Account for such association in lieu of the No
Net Cost Tobacco Fund established within such association under
section 106 A.
"(c)(1) Any Account established for an association under subsection
(b)(2) shall be established within the Corporation and shall be
comprised of amounts paid by producers under subsection (d).
"(2) Upon the establishment of an Account for an association, any
amount in the No Net Cost Tobacco Fund established within such
association under section 106 A shall be applied or disposed of in such
manner as the Secretary may approve or prescribe, except that such
amount shall, to the extent necessary, first be applied or used for the
purposes therefor prescribed in such section.
"(d)(1) If an Account is established for an association under
subsection (b)(2), then the Secretary shall require (in lieu of any
requirement under section 106 A(d)(1)) that each producer of the kind of
tobacco involved whose farm is within such association's area shall, as
a condition of eligibility for price support, agree, with respect to all
of such kind of tobacco marketed by the producer from the farm, to pay
to the Corporation, for deposit in such association's Account, marketing
assessments as determined under paragraph (2) and collected under
paragraph (3).
"(2) For purposes of paragraph (1), the Secretary shall determine and
adjust from time to time, in consultation with such association, the
amount of the marketing assessment which shall be imposed, as a
condition of eligibility for price support, on each pound of the kind of
tobacco involved marketed by a producer from a farm within such
association's area. Such amount shall be equal to an amount which, when
collected, will result in an accumulation of an Account for such
association adequate to reimburse the Corporation for any net losses
which the Corporation may sustain under its loan agreements with such
association, based on reasonable estimates of the amounts which the
Corporation will lend to such association under such agreements and the
proceeds which will be realized from the sales of the kind of tobacco
involved which are pledged to the Corporation by such association as
security for loans.
"(3)(A) Except as provided in subparagraph (B), any marketing
assessment to be paid by a producer under paragraph (1) shall be
collected from the person who acquired the tobacco involved from such
producer but an amount equal to such assessment may be deducted by the
purchaser from the price paid to such producer in case such tobacco is
marketed by sale.
"(B) If tobacco of the kind for which an Account is established is
marketed by a producer through a warehouseman or other agent, then such
assessment shall be collected from such warehouseman or agent who may
deduct an amount equal to such assessment from the price paid to the
producer. If tobacco of the kind for which an Account is established is
marketed by a producer directly to any person outside the United States,
such assessment shall be collected from the producer.
"(e) Amounts deposited in an Account established for an association
shall be used by the Secretary for the purpose of ensuring, insofar as
practicable, that the Corporation under its loan agreements with such
association will suffer, with respect to the crop involved, no net
losses (including, but not limited to, recovery of the amount of loans
extended to cover the overhead costs of the association), after any net
gains are applied to net losses of the Corporation pursuant to
subsection (h).
"(f) The Secretary shall provide, in any loan agreement between the
Corporation and an association for which an Account has been established
under subsection (b)(2), that if the Secretary determines that the
amount in such Account or the net gains referred to in subsection (h)
exceed the amounts necessary for the purposes of this section, then the
Secretary, in consultation with such association, may suspend the
payment and collection of marketing assessments under this section upon
terms and conditions established by the Secretary.
"(g) With respect to any association for which an Account is
established under subsection (b)(2), if a loan agreement between the
Corporation and such association is terminated, if such association is
dissolved or merges with another association that has entered into a
loan agreement with the Corporation to make price support available to
producers of the kind of tobacco involved, or if such Account terminates
by operation of law, then amounts in such Account and the net gains
referred to in subsection (h) shall be applied to or disposed of in such
manner as the Secretary may prescribe, except that they shall, to the
extent necessary, first be applied to or used for the purposes therefor
prescribed in this section.
"(h) The provisions of section 106 A(d)(5) relating to net gains
shall apply to any loan agreement between an association and the
Corporation entered into upon or after the establishment of an Account
for such association under subsection (b)(2).
"(i) The Secretary shall issue regulations necessary to carry out the
provisions of this section.".
ALLOTMENTS
AND MARKETING QUOTAS HELD BEFORE ENACTMENT
Sec. 302. The Agricultural Adjustment Act of 1938 (7 U.S.C. 1281 et
seq.) is amended by adding after section 316 A (as added by section 202
of this Act), a new section 316 B, as follows:
" Sec. 316 B. // 7 USC 1314b-2. // (a) Any person (including, but
not limited to, any governmental entity, public utility, educational
institution, or religious institution, but not including any individual)
which, on or after the date of the enactment of this section--,
"(1) owns a farm for which a Burley tobacco marketing quota is
established under this Act; and
"(2) is not significantly involved in the management or use of
land for agricultural purposes;
shall sell, not later than December 1, 1983, or December 1 of the year
after the year in which the farm is acquired, whichever is later, such
quota to an active Burley tobacco producer or any person who intends to
become an active Burley tobacco producer, as defined by the Secretary,
for use on another farm in the same county or shall forfeit such quota
under the procedure specified in subsection (b).
"(b)(1) If, after notice and an opportunity for a hearing, the county
committee of the county referred to in subsection (a) determines that
any person knowingly failed to comply with such subsection, then the
quota specified in such subsection shall be forfeited and shall be
reallocated by such county committee to other active Burley tobacco
producers or those intending to become active Burley tobacco producers
as defined by the Secretary, for use in such county.
"(2) Notice of such determination shall be mailed, as soon as
practicable, to such person. If such person is dissatisfied with such
determination, then such person may request, within fifteen days after
notice of such determination is so mailed, a review of such
determination by a local review committee under section 363 of this Act.
// 7 USC 1363. //
"(c)(1) Any person who--,
"(A) acquires any Burley tobacco marketing quota by purchase
under subsection (a) of this section; and
"(B) with respect to any crop of Burley tobacco planted after
the date of such acquisition, fails for the five-year period
immediately subsequent to the year of such acquisition to share in
the risk of producing Burley tobacco under such allotment or quota
in the manner specified in paragraph (2) of this subsection;
shall sell such quota before the expiration of the eighteen-month period
beginning on July 1 of the year in which such crop is planted, or such
quota shall be subject to forfeiture under the procedures specified in
paragraph (3) of this subsection.
"(2) For purposes of this subsection, a person shall be considered to
have shared in the risk of producing a crop of Burley tobacco if--,
"(A) the investment of such person in the production of such
crop is not less than 20 per centum of the proceeds of the sale of
such crop;
"(B) the amount of such person's return on such investment is
dependent solely on the sale price of such crop; and
"(C) such person may not receive any of such return before the
sale of such crop.
"(3)(A) If, after notice and an opportunity for a hearing, the county
committee of the county referred to in subsection (a) determines that
any person knowingly failed to comply with this subsection, then the
quota specified in this subsection shall be forfeited and shall be
reallocated by such county committee for use by active Burley tobacco
producers or those intending to become active Burley tobacco producers,
as defined by the Secretary, for use in such county.
"(B) Notice of such determination shall be mailed, as soon as
practicable, to such person. If such person is dissatisfied with such
determination, then such person may request, within fifteen days after
notice of such determination is so mailed, a review of such
determination by a local review committee under section 363 of this
Act.". // 7 USC 1363. //
FIRE--,
CURED TOBACCO; MODIFICATION OF LEASING OF
POUNDAGE QUOTAS
FOR BURLEY TOBACCO
Sec. 303. (a) Section 301(b)(15) of the Agricultural Adjustment Act
of 1938 (7 U.S.C. 1301(b)(15)) is amended by striking out the period at
the end thereof and inserting in lieu thereof ": And provided further,
That for purposes of section 319 of this title, // 7 USC 1314e. //
types 22 and 23, fire-cured tobacco shall be treated as one 'kind of
tobacco'.".
(b) Section 319(b) of the Agricultural Adjustment Act of 1938 (7 U.
S.C. 1314e(b)) is amended by--,
(1) in the first sentence, inserting "for burley tobacco" after
"in effect";
(2) in the second sentence--,
(3) in the fourth sentence, striking out "such kind of" and
inserting in lieu thereof "burley";
(4) in the proviso to the fifth sentence, inserting "for burley
tobacco" after "determined"; and
(5) striking out the subsection designation "(b)".
(c) Section 319 of the Agricultural Adjustment Act of 1938 (7 U.S.C.
1314e) is amended by inserting before subsection (c) the following new
subsection:
"(b) Notwithstanding any other provision of law, the Secretary shall,
not later than February 1, 1983, proclaim national marketing quotas for
dark air-cured tobacco and for fire-cured tobacco, types 22 and 23
(hereinafter in this section referred to as 'fire-cured tobacco') for
the three marketing years beginning October 1, 1983, and determine and
announce the amount of the marketing quota for dark air--, cured and for
fire-cured tobacco for the marketing year beginning October 1, 1983, as
provided in this section. Within thirty days following such
proclamation, the Secretary shall conduct a referendum of the farmers
engaged in the production of the 1982 crop of each of such kinds of
tobacco to determine whether they favor or oppose the establishment of
farm marketing quotas on a poundage basis for such kind of tobacco as
provided in this section for the three marketing years beginning October
1, 1983, in lieu of quotas on an acreage basis in effect for the two
marketing years beginning October 1, 1983. If the Secretary determines
that one-half or more of the farmers voting in such referendum approve
marketing quotas on a poundage basis for such kind of tobacco, then
marketing quotas as provided in this section shall be in effect for such
kind of tobacco for the three marketing years beginning October 1, 1983,
and marketing quotas on an acreage basis shall cease to be in effect for
such kind of tobacco for the two marketing years beginning on October 1,
1983. If marketing quotas on a poundage basis are not approved for such
kind of tobacco by at least one-half of the farmers voting in such
referendum, then quotas on an acreage basis shall be in effect for such
kind of tobacco for the two marketing years beginning October 1, 1983.
" If marketing quotas on an acreage basis are in effect for any such
kind of tobacco, if, for a period of not less than three marketing
years, a referendum has not been held under this section to determine
whether producers of such kind of tobacco favor marketing quotas on a
poundage basis for such kind of tobacco, and if the Secretary, after
conducting public hearings in the area in which such kind of tobacco is
produced, ascertains that producers and other interested persons favor
marketing quotas on a poundage basis for such kind of tobacco, then the
Secretary shall, at the time of the next announcement of the amount of
the national marketing quota, announce national marketing quotas for the
next three succeeding marketing years under this section. Within thirty
days of such proclamation, the Secretary shall conduct a referendum of
farmers engaged in the production of the most recent crop of such kind
of tobacco to determine whether they favor the establishment of
marketing quotas on a poundage basis for such kind of tobacco as
provided in this section for the next three succeeding marketing years.
If the Secretary determines that more than one-half of the farmers
voting in such referendum approve marketing quotas on a poundage basis
under this section, then quotas on that basis shall be in effect for the
next three succeeding marketing years and the marketing quotas on an
acreage basis shall cease to be in effect at the beginning of such
three-year period. If marketing quotas on a poundage basis are not
approved by more than one-half of the farmers voting in such referendum,
then the marketing quotas on an acreage basis shall continue in effect
as theretofore proclaimed under this Act.
" The Secretary shall determine and announce, not later than the
February 1 preceding the second and third marketing years of any
three-year period for which marketing quotas on a poundage basis are in
effect for any such kind of tobacco under this section, the amount of
the national marketing quota for such kind of tobacco for each of such
years. If marketing quotas on a poundage basis have been made effective
for such kind of tobacco under this section, then the Secretary shall,
not later than February 1 of the last of three consecutive marketing
years for which marketing quotas are in effect for such kind of tobacco
under this section, proclaim a national marketing quota for such kind of
tobacco for the next three succeeding marketing years as provided in
this section. The Secretary shall conduct extensive hearings in the
area in which such kind of tobacco is produced to ascertain whether
producers favor marketing quotas on an acreage basis or on a poundage
basis and shall proclaim the quota on the basis he determines most
producers of such kind of tobacco favor. Within thirty days following
such proclamation, the Secretary shall conduct a referendum in
accordance with section 312(c) of the Act. // 7 USC 1312. // If more
than one-half of the farmers voting in such referendum oppose the
national marketing quotas, then the Secretary shall announce the results
and no marketing quotas or price support shall be in effect for such
kind of tobacco and the national marketing quota so proclaimed shall not
be in effect for the next three succeeding marketing years. Thereafter
the provisions of section 312 of the Act shall apply: Provided, That
the national marketing quota and farm marketing quotas for such kind of
tobacco shall be determined for such kind of tobacco as provided in this
section.".
(d) Section 319(c) of the Agricultural Adjustment Act of 1938 (7 U.
S.C. 1314e(c)) is amended by--,
(1) in the first sentence--,
(2) in the second sentence, striking out " Any" and inserting
in lieu thereof " With respect to burley tobacco, any"; and
(3) in the third sentence--,
after
"reserve" the first place it appears;
the
first place it appears; and
lieu
thereof "per centum of such".
(e) Section 319(d) of the Agricultural Adjustment Act of 1938 (7 U.
S.C. 1314e(d)) is amended by--,
(1) in the first sentence--,
October
1, 1982, in the case of dark air-cured tobacco and
fire-cured
tobacco" after "1970"; and
(2) in the second sentence--,
the 1978
crop year, in the case of dark air-cured tobacco and
fire-cured
tobacco" after "crop year";
appears
and inserting in lieu thereof "the kind of tobacco
involved";
inserting in
lieu thereof "such kind of tobacco"; and
inserting
in lieu thereof ", in the case of burley tobacco, and
three
thousand pounds per acre, in the case of dark air-cured
tobacco and fire-cured tobacco: And provided further,
That,
when a marketing quota program for dark air-cured
tobacco or for fire-cured tobacco is first established
under
this section, farm yields so determined with respect to
dark
air-cured tobacco or fire-cured tobacco, as the case
may be,
shall be adjusted proportionately so that the weighted
average
of such farm yields is equal to the national average
yield goal for dark air-cured tobacco or fire-cured
tobacco,
as the case may be.".
(f) Section 319(e) of the Agricultural Adjustment Act of 1938 (7 U.
S.C. 1314e(e)) is amended by--,
(1) inserting after the first sentence the following: " A
preliminary farm marketing quota shall be determined for each farm
for which a dark air-cured tobacco or fire-cured tobacco acreage
allotment was established for the marketing year beginning October
1, 1982, by multiplying the farm yield determined under such
subsection by the farm acreage allotment (prior to any such
reduction) established for such farm for the marketing year
beginning October 1, 1982.";
(2) in the third sentence (as in effect before the amendment
made by paragraph (1)), striking out "burley tobacco marketing
quotas" and inserting in lieu thereof "marketing quotas for the
kind of tobacco involved"; and
(3) in the sixth sentence (as in effect before the amendment
made by paragraph (1))--,
the
farm operator with respect to the kind of tobacco
involved";
and
place
it appears and inserting in lieu thereof "production of
such
kind of tobacco".
(g) The first sentence of section 319(f) of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1314e(f)) is amended by--,
(1) inserting "for any kind of tobacco" after "in effect"; and
(2) striking out "burley tobacco" and inserting in lieu thereof
"such kind of tobacco".
(h) Section 319(g) of the Agricultural Adjustment Act of 1938 (7 U.
S.C. 1314e(g)) is amended by--,
(1) inserting "for any kind of tobacco" after "in effect";
(2) striking out "burley tobacco" and inserting in lieu thereof
"such kind of tobacco"; and
(3) in the third proviso--,
"section".
(i) Section 319(i) of the Agricultural Adjustment Act of 1938 (7 U.
S.C. 1314e(i)) is amended by--,
(1) in the proviso to paragraph (1), striking out "burley
tobacco" and inserting in lieu thereof "the kind of tobacco
involved"; and
(2) in paragraph (3), inserting "with respect to burley
tobacco" after "in effect".
(j) The section heading for section 319 of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1313e) // 7 USC 1314e. // is amended
to read as follows:
TOBACCO".
Sec. 304. Section 373(c) of the Agricultural Adjustment Act of 1938
// 7 USC 1373. // is amended by adding at the end thereof the following
new sentence: " Nothing in this section shall be deemed to prohibit the
issuance of general statements based upon the reports of a number of
parties which statements do not identify the information furnished by
any person.".
Sec. 305. (a) The Congress finds that--,
(1) talks to extend the long-term grain sales agreement between
the Soviet Union and the United States were broken off in 1981
with no date set for resumption of these talks;
(2) the Government of the Soviet Union for all practical
purposes has ceased to purchase United States agricultural
commodities since the breaking off of negotiations;
(3) the lack of a long-term grain sales agreement may result in
market instability, with the potential of disrupting the feed--,
livestock relationship in the United States;
(4) the lack of such an agreement may result in uncertainty
among farmers as to the best planting decisions for the upcoming
crop year;
(5) the lack of such an agreement has already led the Soviet
Union to seek other sources of supplies at the expense of the
American farmer; and
(6) the lack of such an agreement means a drop in the export of
agricultural commodities and continued severe difficulties with
the balance of trade deficit of the United States.
(b) It is the sense of the Congress that the President should
immediately resume negotiations with the Government of the Soviet Union
for the purpose of reaching an agreement to extend the duration of the
existing long-term grain sales agreement and to require the purchase by
the Government of the Soviet Union of a minimum amount of grain annually
at a level not less than the level required by the existing long-term
grain sales agreement.
Sec. 306. The Agricultural Adjustment Act of 1938 (7 U.S.C. 1281 et
seq.) is amended by adding immediately after section 314 thereof the
following new section:
" Sec. 314 A. // 7 USC 1314 - 1. // (a) Effective for the 1982 and
subsequent crops of tobacco, the marketing of floor sweepings of any
kind of tobacco in excess of allowable floor sweepings shall be subject
to a civil penalty of 150 per centum of the average market price
(calculated to the nearest whole cent) for such kind of tobacco for the
immediately preceding marketing year. Such penalty shall be paid by any
person found by the Secretary to have marketed such floor sweepings in
excess of the allowable amount.
"(b) The penalty provided for in subsection (a) shall be assessed by
the Secretary only after the person alleged to have marketed floor
sweepings in excess of allowable floor sweepings has been given notice
and an opportunity for hearing and the Secretary has determined by
decision incorporating the Secretary's findings of fact that a violation
did occur and the amount of the penalty.
"(c) The provisions of section 376 of this title // 7 USC 1376. //
shall apply to penalties under this section.
"(d) As used in this section--,
"(1) the term 'floor sweepings' means the scraps or leaves of
tobacco which accumulate on the warehouse floor in the regular
course of business; and
"(2) the term 'allowable floor sweepings' means the quantity of
floor sweepings determined by multiplying 0.24 per centum times
the total first sales of tobacco at auction for the season for the
warehouse involved.".
CONSERVATION
COUNTY AND COMMUNITY COMMITTEE
SYSTEM
Sec. 401. // 16 USC 590h // Congress finds that agricultural
stabilization and conservation county and community committees have
served, and should continue to serve, a vital function in implementing,
at the local level, farm commodity, soil conservation, and related
programs; and that, by assisting the United States Department of
Agriculture to conduct such programs effectively, such committees
provide substantial benefits to agriculture and the Nation. Congress
further finds that the agricultural stabilization and conservation
county and community committee system has developed, over the years,
into a highly efficient mechanism for implementing such programs at the
local level. Therefore, it is the sense of Congress that the Secretary
of Agriculture should ensure that the structure and operations of the
agricultural stabilization and conservation county and community
committees, as heretofore developed to enable such committees to meet
the responsibilities assigned them under section 8(b) of the Soil
Conservation and Domestic Allotment Act, // 16 USC 590h. // and related
statutes and regulations, be preserved and strengthened.
Approved July 20, 1982.
LEGISLATIVE HISTORY-H.R. 6590:
HOUSE REPORT No. 97 - 613 (Comm. on Agriculture).
CONGRESSIONAL RECORD, Vol. 128 (1982):
June 21, considered and passed House.
July 14, considered and passed Senate, amended.
July 15, House concurred in Senate amendments.
PUBLIC LAW 97-217, 96 Stat. 196
Energy Policy and Conservation
Act.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 252(j) of
the Energy Policy and Conservation Act (42 U.S.C. 6272(j)) is amended by
striking " July 1, 1982" and inserting in its place " August 1, 1982".
Approved July 19, 1982.
LEGISLATIVE HISTORY-S. 2651:
CONGRESSIONAL RECORD, Vol. 128 (1982):
June 24, considered and passed Senate.
July 15, considered and passed House.
PUBLIC LAW 97-216, 96 STAT. 180, URGENT SUPPLEMENTAL APPROPRIATIONS
ACT, 1982
year ending September 30,
1982, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, to supply supplemental appropriations (this Act may be
cited as the " Urgent Supplemental Appropriations Act, 1982") for the
fiscal year ending September 30, 1982, and for other purposes, namely:
For an additional amount for " Program administration", $8,742,000 to
be derived by transfer from Employment and Training Administration, "
Employment and training assistance".
For an additional amount for the Summer Youth Program under part C of
title IV of the Comprehensive Employment and Training Act, // 29 USC
942. // $45,000,000.
For an additional amount for " Salaries and expenses", $4,259,000 to
be derived by transfer from Employment and Training Administration, "
Employment and training assistance".
For an additional amount for " Salaries and expenses", $5,623,000 to
be derived by transfer from Employment and Training Administration, "
Employment and training assistance".
For an additional amount for " Health Services", $60,080,000, of
which $3,500,000 shall be used to provide twelve months of transitional
funding for those University Affiliated Facilities previously funded
under section 502(a) of the Social Security Act // 42 USC 702. // or
predecessor legislation (title V of the Social Security Act // 42 USC
701. // as in effect prior to the enactment of the Maternal and Child
Health Services Block Grant), but for which termination of such funding
has been announced during fiscal year 1982.
For an additional amount for " Health Resources", $1,000,000, which
shall be available for nursing research grants.
For an additional amount for " Work incentives", $35,000,000.
From amounts appropriated for fiscal year 1982 for payments to States
for Medicaid Fraud Control Units, there is transferred to the Office of
Inspector General, Department of Health and Human Services, for
necessary expenses, $13,941,000.
For an additional amount for " Refugee and Entrant assistance",
$20,000,000, to be available only to reimburse States which by reason of
court order, State statute or regulation, or other administrative
restraint could not implement the change in regulations published on
March 12, 1982, for refugee assistance and domestic assistance for Cuban
and Haitian entrants.
For an additional amount under title IV, part B of the higher
Education Act, // 20 USC 1071. // $1,300,000,000, to remain available
until expended.
For an additional amount for " Salaries and expenses", $5,650,000.
For an additional amount for " Operating expenses, domestic
programs", under the provisions of the Domestic Volunteer Service Act of
1973, as amended (Public Law 93 - 113, as amended, 42 U.S.C. section
4951 et seq.), $2,000,000.
For an additional amount for payment to the Corporation for Public
Broadcasting, as authorized by the Communications Act of 1934 as
amended, // 47 USC 609 // an amount which shall be available within
limitations specified by said Act, for the fiscal year 1984,
$24,400,000: Provided, That no funds made available to the Corporation
for Public Broadcasting by this Act shall be used to pay for receptions,
parties, and similar forms of entertainment for Government officials or
employees: Provided further, That none of the funds contained in this
paragraph shall be available or used to aid or support any program or
activity excluding from participation in, denying the benefits of, or
discriminating against any person on the basis of race, color, national
origin, religion, or sex.
Problems in
Medicine
For an additional amount for " Salaries and expenses", $309,000.
Of the amount of authority provided under this heading in the
Department of Housing and Urban Development-Independent Agencies
Appropriation Act, 1982 and prior Appropriation Acts, // 95 Stat. 1417.
// $94,382,000 of contract authority and $4,098,640,000 of budget
authority are rescinded: Provided, That any balances of authorities
made available prior to enactment of the Department of Housing and Urban
Development-Independent Agencies Appropriation Act, 1982, which are, or
become, available for obligation in fiscal year 1982, shall be added to
and merged with the authority approved in the Department of Housing and
Urban Development-Independent Agencies Appropriation Act, 1982, and such
merged amounts shall be made subject only to terms and conditions of law
applicable to authorizations becoming available in fiscal year 1982:
Provided further, That $190,860,000 of contract authority and
$4,098,685,000 of budget authority, shall be used for the public housing
program, including $18,960,000 of contract authority for assistance in
financing the development or acquisition cost of low-income housing for
Indian families, $90,000,000 of contract authority for modernization of
existing low-income housing projects, and $1,263,005,000 of budget
authority for new construction and substantial rehabilitation as
authorized by section 5(c) of the United States Housing Act of 1937, as
amended (42 U.S.C. 1437c); and $870,969,000 of contract authority and
$15,228,518,000 of budget authority shall be used for new construction
and substantial rehabilitation and assistance to existing housing units,
including amendments for units reserved in prior years, under the
lower-income housing assistance program (section 8, United States
Housing Act of 1937, as amended): // 42 USC 1437f. // Provided
further, That of the foregoing amounts, $152,715,200 of contract
authority and $3,700,000,000 of budget authority shall be for projects
under section 8, United States Housing Act of 1937, as amended, the
rents for which are approved pursuant to the note governing financing
adjustments (46 Fed. Reg. 51903, October 23, 1981) or any published
amendment thereto or successor note, except that the Secretary shall
include in the determination of the fair market rental a debt service
factor reflecting the lesser of (A) 14 percent or (B)(i) where the rate
of interest on the permanent instrument sold to finance the project is
12 percent or less, such rate of interest or (ii) where the rate of
interest on the permanent instrument sold to finance the project is more
than 12 percent, one-half percent below such rate of interest but not
less than 12 percent, and except that the Agreement to Enter into a
Housing Assistance Payments Contract shall not be required to include a
provision requiring that construction must be in progress prior to
October 1, 1982: Provided further, That with respect to newly
constructed and substantially rehabilitated projects under section 8,
United States Housing Act of 1937, as amended, during 1982, the
Secretary shall not impose a percentage or other arbitrary limitation on
the cost and rent increases resulting from increased construction cost
in exercising the authority to approve cost and rent increases set forth
in section 8(1) of such Act: // 42 USC 1437f. // Provided further,
That none of the merged amounts available for obligation in 1982 shall
be subject to the provisions of section 5(c) (2) and (3) and the fourth
sentence of section 5(c)(1) of the United States Housing Act of 1937, as
amended (42 U.S.C. 1437c), and section 213(d) of the Housing and
Community Development Act of 1974, as amended (42 U.S.C. 1439):
Provided further, That no funds provided under this or any other Act
shall be used to terminate a reservation of contract authority for any
project under section 8 of the United States Housing Act of 1937, // 42
USC 1437f. // as amended, on account of the inability of the developer
or owner of that project to obtain firm financing, unless such
termination occurs no less than twenty-four months following the date of
initial reservation of contract authority for such project: Provided
further, That $74,375,000 of contract authority and $1,750,000,000 of
budget authority provided under this heading in the Department of
Housing and Urban Development-Independent Agencies Appropriation Act,
1982, // 95 Stat. 1417. // shall not become available for obligation
until October 1, 1982, and $89,321,727 of the foregoing budget authority
shall be for the modernization of 5,073 vacant uninhabitable public
housing units, pursuant to section 14 of the United States Housing Act
of 1937, // 42 USC 1437l. // as amended, other than section 14(f) of
such Act: Provided further, That to the extent that the amount of
budget authority which is recaptured or deobligated, including budget
authority internally transferred by State Housing Finance Development
agencies pursuant to 24 C.F.R. part 883.207, does not equal
$5,000,000,000 on June 30, 1982, the amounts deferred in the immediately
preceding proviso may be used in accordance with, and in addition to,
the amounts provided in the third proviso of this paragraph, except that
to the extent such amounts are used, an equivalent amount of such
recaptured or deobligated contract authority and budget authority, which
become available on or after July 1, 1982, through September 30, 1982,
if any, shall be deferred until October 1, 1982.
PROJECTS
For an additional amount for " Payments for Operation of Low--,
Income Housing Projects", $198,000,000: Provided, That of the total
amount available in fiscal year 1982 for " Payments for Operation of
Low-Income Housing Projects", $1,215,275,400 shall be made available pro
rata solely in accordance with the Performance Funding System (as set
forth in 24 C.F.R. part 890, as of February 8, 1982).
The limitation otherwise applicable to the maximum payments that may
be required in any fiscal year by all contracts entered into under
section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C.
1701s), is further reduced in fiscal year 1982 by not more than
$3,340,000 in uncommitted balances of authorizations provided for this
purpose in appropriation Acts.
For necessary expenses to carry out title II of the Federal Water
Pollution Control Act, as amended, other than sections 201(m), 205(k),
// 33 USC 1281, 1285. // except that for the project authorized by said
section the Administrator shall allocate to the State of New York an
amount equal to one-third of the total cost from the amount made
available under this paragraph to the State of New York, one-third from
the amount made available to the State of New Jersey, and one-third from
the amounts made available to the remaining States, 206, 208, and 209,
$2,400,000,000, including grants for biological treatment facilities to
repair or replace small community systems but not to exceed three
systems suffering operational problems outside the warranty period where
the existing Environmental Protection Agency planned systems have proven
to be inoperable by the local municipalities, where determined to be
necessary, to remain available until expended: Provided, That of such
amount, $3,965,426 in additional funds (the amount which was withheld
from the State of Kansas by reason of an accounting error by the Federal
Government) shall be made available to the State of Kansas: Provided
further, That nothing herein shall prohibit any project specified in
section 201(m) from receiving a grant under section 201(g), in
compliance with all relevant procedures under title II of the Federal
Water Pollution Control Act, as amended, and paid from funds allotted to
the State by section 205 and appropriated by this Act: Provided
further, That the Administrator, upon application by the Governor of the
State of Ohio, with the approval of the Committees on Appropriations,
shall before October 1, 1982, commit existing unobligated funds from the
State's Wastewater Construction Grant allotments to fund the Solid Waste
Energy facility in Akron, Ohio.
Of the funds appropriated under this head in the Department of
Housing and Urban Development-Independent Agencies Appropriation Act,
1982, $5,000,000 shall be made available to the Department of Health and
Human Services, upon enactment, and up to an additional $2,000,000 may
be made available by the Administrator to the Department for the
performance of specific activities in accordance with section 111(c)(4)
of Public Law 96 - 510, the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980. // 42 USC 9611. // Management
of all funds made available to the Department shall be consistent with
the responsibilities of the trustee of the fund, as outlined in section
223(b) of the Act. // 42 USC 9633. //
Notwithstanding any other provision of this or any other Act, of the
funds appropriated under the heading, " National Aeronautics and Space
Administration, Research and development" in Public Law 97 - 101, // 95
Stat. 1426. // not less than the amounts hereinafter set forth shall be
made available for the purposes specified: $31,200,000 for expendable
launch vehicles; $323,500,000 for physics and astronomy (including
$40,000,000 for Shuttle-Spacelab payloads); $205,000,000 for planetary
exploration (including $1,700,000 for the midlevel facility in Hawaii);
$39,500,000 for life sciences; $328,200,000 for space applications
(including $2,300,000 for the search and rescue program, $5,000,000 for
technology transfer, $6,000,000 for upper atmospheric research satellite
experiments, $16,200,000 for Shuttle-Spacelab payloads, and $15,400,000
for a 30/20 gigahertz test satellite); $8,000,000 for technology
utilization; $264,800,000 for aeronautical research and technology;
$111,000,000 for space research and technology; and $402,100,000 for
tracking and data acquisition: Provided, That of the funds available
for the Space Shuttle, including space flight operations, not less than
$80,000,000 shall be made available for design, development and
procurement of liquid hydrogen-liquid oxygen (Centaur) upper stages for
use in launching the Galileo and Solar Polar spacecraft in 1986:
Provided further, That no funds may be obligated for other upper stages,
including kick stages, for the Galileo and Solar Polar spacecraft after
the enactment of this Act except for work performed prior to the
effective date of this Act, together with liability for termination:
Provided further, That no funds appropriated in this or any other Act
may be obligated for a Solar Maximum repair/retrieval mission until the
Secretary of the Air Force enters into an agreement with the
Administrator to reimburse the National Aeronautics and Space
Administration 50 per centum of the costs of such mission (exclusive of
the costs attributable solely to equipment for the Solar Maximum
spacecraft and to equipment capable of reuse): Provided further, That
upon request by the Administrator of the National Aeronautics and Space
Administration and approval by the Committees on Appropriations not to
exceed $50,000,000 from the unobligated balances of funds appropriated
under the heading " National Aeronautics and Space Administration,
Construction of facilities" or " National Aeronautics and Space
Administration, Research and program management" in Public Law 97 - 101
and Public Law 96 - 526 // 95 Stat. 1426; 94 Stat. 3054. // shall be
available for the Space Shuttle, including space flight operations:
Provided further, That the Administrator makes sufficient funds
available to assure that a second Space Shuttle launch pad at the
Kennedy Space Center, Florida, is operational by January 1, 1986.
Limitations in section 501(40) of title V of the Department of
Housing and Urban Development-Independent Agencies Appropriation Act,
1982, // 95 Stat. 1440. // are amended as follows: The limitations on
the Department of Housing and Urban Development's Office of the
Assistant Secretary for Legislation and Congressional Relations are
increased from 26 full-time permanent positions and 27 staff years to 31
full-time permanent positions and 33.5 staff years, the limitation on
the National Aeronautics and Space Administration's Office of the
Comptroller is increased from 150 full-time permanent positions to 161
full-time permanent positions, the limitation on the National
Aeronautics and Space Administration's Office of External Relations is
increased from 120 full-time permanent positions to 125 full-time
permanent positions, excluding those positions allocated for Technology
Utilization activities, and the limitation on the Veterans
Administration's Office of Planning and Program Evaluation is increased
from $1,500,000 to $2,300,000.
For an additional amount for " Operating expenses", $17,500,000, to
remain available until expended.
Section 3(a) of the Federal-Aid Highway Act of 1981 // 95 Stat.
1699. 23 USC 104 // is amended by striking the period at the end of the
first sentence and by inserting the following: "plus, an additional
amount not to exceed $19,000,000 in obligation authority to carry out
section 310(d)(3) of Public Law 97 - 102.". // 95 Stat. 1459. //
For an additional amount of authority to execute contracts to replace
or rehabilitate highway bridges according to Title 23, United States
Code, Section 144, $19,000,000 out of the Highway Trust Fund, to remain
available until expended: Provided, That obligations incurred under
this authority shall not be subject to any law limiting obligations for
Federal-Aid Highways.
Section 3(a) of the Federal-Aid Highway Act of 1981 is further
amended by striking the period at the end of the first sentence and by
inserting the following: "plus, an additional amount not to exceed
$53,000,000 in obligation authority which the Secretary shall allocate
to the States in order to increase such total obligation limitation, so
that the reduction of any State's final obligation limitation is held to
15 per centum of the tentative limitation issued by the Secretary on
October 1, 1981.".
Any amounts previously authorized to be derived from the Highway
Trust Fund for payment of obligations in carrying out the provisions of
23 U.S.C. 148 are to be transferred to and administered under the
appropriation " Federal-aid highways".
CORPORATION
Section 303(d) of the Rail Passenger Service Act, 45 U.S.C. 543(d),
is amended by changing the period at the end thereof to a semicolon and
adding the following: "except that the holding of securities issued by
a railroad shall not be deemed to be violative of this prohibition:
Provided, That the officer who holds such securities recuses himself
from any decisions which bear directly on such railroad, and makes full
public disclosure of such holdings.".
For an additional amount for " Payments to air carriers", $28,400,000
to remain available until expended: Provided, That $8,242,000 shall be
used to liquidate obligations incurred during September 1981, to provide
for subsidy payments under 49 U.S.C. 1376 and 1389: Provided further,
That notwithstanding any other provision of law any funds appropriated
for " Payments to air carriers" in this or any other Act which are not
obligated by September 30, 1982, shall be available for obligations only
for section 419 (49 U.S.C. 1389) subsidies, except for adjustments to
section 406 (49 U.S.C. 1376) payments for service provided prior to
September 30, 1982.
For an additional amount for " Payments for directed rail service",
$8,000,000, to remain available until expended.
Section 120 of the Rock Island Railroad Transition and Employee
Assistance Act // 45 USC 1015. // is amended--,
(1) in subsection (a)--,
first
place it appears and inserting in lieu thereof "any
railroad
subject to section 77 of the Bankruptcy Act,
// 11 USC 205. //
or subchapter
IV of chapter 11 of title 11, United States Code,
// 11 USC 1161. //
which has
ceased to provide passenger commuter service over any
line
of the railroad";
thereof
"3-year"; and
it
appears (other than the first time it appears) and
inserting
in lieu thereof "railroad"; and
(2) in subsection (b), by striking out "the Rock Island
Railroad" and inserting in lieu thereof "any railroad".
For an additional amount for " Salaries and expenses", $81,604,000.
For an additional amount for " Salaries and expenses", $23,825,000:
Provided, That no funds made available by this Act or Public Law 97 -
161 may be used to accomplish or implement any proposed reorganization
of the Bureau of Alcohol, Tobacco and Firearms or the transfer of the
Bureau's functions, missions, or activities to other agencies within the
Department of the Treasury in the fiscal year ending on September 30,
1982: Provided further, That no reorganization of the Bureau of
Alcohol, Tobacco and Firearms or the transfer of the Bureau's functions,
missions, or activities to other agencies within the Department of the
Treasury subsequent to September 30, 1982, shall be accomplished or
implemented without the specific, express approval of both the House and
Senate Committees on Appropriations.
For an additional amount for " Salaries and expenses", $14,865,000,
of which $8,000,000 shall be used for salaries, expenses, equipment, and
other related expenses for Operation Exodus.
For an additional amount for payment to the Postal Service Fund for
revenue foregone on free and reduced rates of mail, pursuant to 39 U.S.
C. 2401(c), $42,000,000: Provided, That notwithstanding any other
provision of law, the Postal Service shall use these funds promptly to
revise the adjustment to preferred rates made pursuant to section 108 of
Public Law 97 - 92 // 95 Stat. 1193. // so that all mail covered by the
16-year phasing schedule established pursuant to section 3626 of title
39, United States Code, shall benefit from step 13 on such schedule
through September 30, 1982. This provision shall take effect ten days
after enactment of this Act.
Effective October 1, 1982, section 1723 of the Omnibus Reconciliation
Act, Public Law 97 - 35, // 95 Stat. 759. 39 USC 2401 // is amended by
striking out "(a)" before " Notwithstanding" in subsection (a) and by
striking out subsection (b).
For an additional amount for " Office of Inspector General",
$500,000.
Notwithstanding the provision immediately following the repairs and
improvements line item projects under the heading " General Services
Administration, Federal buildings fund, Limitations on availability of
revenue" in H.R. 4121 as passed by the House and in H.R. 4121 as
reported by the Senate on September 22, 1981, funds presently available
for repairs and alterations nonprospectus projects shall be used to
initiate the design and related work required to begin the repairs and
alterations of the U.S. Court of Appeals building, Atlanta, Georgia.
For an additional amount for " Salaries and expenses", $4,006,000.
For an additional amount for " Salaries and expenses", $238,000.
For an additional amount for " Salaries and expenses", $1,530,000.
For an additional amount for " Salaries and expenses", $3,171,000.
For an additional amount for " Salaries and expenses", $3,500,000 to
be derived by transfer from the Economic Development Revolving Fund.
For an additional amount for " Operations, research, and facilities",
$2,000,000, to remain available until expended.
Appropriations made available under this heading for fiscal year 1982
may be used for lease of real property for periods of up to twenty-five
years in Africa, Asia, the Caribbean area, and Europe.
For an additional amount for the " Food Stamp Program",
$1,006,616,000.
For an additional amount for " Flood Control and Coastal
Emergencies", $40,000,000, to remain available until expended:
Provided, That $18,000,000 of the funds provided shall be for flood
control measures and features on the Cowlitz and Toutle Rivers in the
State of Washington.
Sec. 201. Any institution of higher education specifically cited in
the conference report on the Education Amendments of 1980 // 20 USC 1001
// (report numbered 96 - 1337) as a unique institution which the
conference committee for that legislation intended to be recognized as a
developing institution eligible to apply for funds under title III of
the Higher Education Act of 1965, // 20 USC 1051. // shall be treated
as an eligible institution for such purpose for fiscal year 1982,
notwithstanding section 322(a)(2)(A) of such Act. // 20 USC 483 //
Sec. 202. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 203. Notwithstanding any other provision of law, none of the
funds provided for International Organizations and Programs in Public
Law 97 - 121, the Foreign Assistance and Related Programs Appropriation
Act for Fiscal Year 1982, // Stat. 1647. // shall be available for the
United States proportionate share for any programs for the Palestine
Liberation Organization, the South West Africa Peoples Organization, or
Cuba.
Sec. 204. No funds appropriated or otherwise made available for
fiscal year 1982 shall be obligated or expended to prescribe, issue,
administer, or enforce any standard, rule, regulation, or order under
the Federal Mine Safety and Health Act of 1977 // 30 USC 801 // on any
State or political subdivision thereof. Notwithstanding section 101(
a)(3) of Public Law 97 - 92 // 95 Stat. 1183. // or any similar or
comparable provision of any other law, during fiscal year 1982 the Mine
Safety and Health Administration shall have the same enforcement
authorities vested in such Administration on September 30, 1981.
Sec. 205. Effective upon enactment of this Act and for the
remainder of fiscal year 1982, notwithstanding any other provision of
law, no funds may be paid out of the Treasury of the United States or
out of any fund of a Government corporation to any private individual or
corporation in satisfaction of any assurance agreement or payment
guarantee or other form of loan guarantee entered into by any agency or
corporation of the United States Government with respect to loans made
and credits extended to the Polish People's Republic, unless the Polish
People's Republic has been declared to be in default of its debt to such
individual or corporation or unless the President has provided a monthly
written report to the Speaker of the House of Representatives and the
President of the Senate explaining the manner in which the national
interest of the United States has been served by any payments during the
previous month under loan guarantee or credit assurance agreement with
respect to loans made or credits extended to the Polish People's
Republic in the absence of a declaration of default.
Sec. 206. Notwithstanding any other provision of law, the amount
appropriated for fiscal year 1982 under Public Law 97 - 51 // 95 Stat.
958. // (as amended by Public Law 97 - 85) and Public Law 97 - 92 (as
amended by Public Law 97 - 161) // 95 Stat. 1098, 1183. // for purposes
of section 340 of the Public Health Service Act // 42 USC 256. // shall
be available for funding grants and contracts under such section in
areas that are not urbanized areas and in urbanized areas.
Sec. 207. Notwithstanding any other provision of this Act, any
other Act, or section 413 D of the Higher Education Act of 1965 // 20
USC 1070b-3. // the Secretary shall apportion the sums appropriated
pusuant to section 413 A(b) of the Higher Education Act of 1965 // 20
USC 1070b. // for the fiscal year 1982 among the States so that each
State's apportionment bears the same ratio to the total amount
appropriated as that State's apportionment in the fiscal year 1981 bears
to the total amount appropriated pursuant to section 413 A(b) for that
fiscal year: Provided, That the Secretary shall allocate sums to
institutions in each State notwithstanding section 413 D(b)(1)(B)(ii)(
I) of the Higher Education Act of 1965. // 20 USC 1070b-3. //
Sec. 208. Notwithstanding any other provision of this Act, any
other Act, // 42 USC 2752. // or section 442 of the Higher Education
Act of 1965, the Secretary shall allot the sums appropriated pursuant to
section 441 of the Higher Education Act of 1965 // 42 USC 2751. // for
the fiscal year 1982 among Guam, American Samoa, the Trust Territory of
the Pacific Islands, the Virgin Islands, and the States (including the
District of Columbia and the Commonwealth of Puerto Rico) so that the
allotment of Guam, American Samoa, the Trust territory of the Pacific
Islands, the Virgin Islands, and each State (including the District of
Columbia and the Commonwealth of Puerto Rico) bears the same ratio to
the amount appropriated as the allotment of Guam, American Samoa, the
Trust Territory of the Pacific Islands, the Virgin Islands, and each
State (including the District of Columbia and the Commonwealth of Puerto
Rico) for the fiscal year 1981 bears to the total amount appropriated
pursuant to section 441 // 42 USC 2751. // for that fiscal year:
Provided, That the Secretary shall allocate sums to institutions in each
jurisdiction notwithstanding the second sentence of section 446(a) of
the Higher Education Act of 1965. // 42 USC 2756. //
Sec. 209. The Secretary of Education and the Director of the
National Institute of Education shall not terminate any long-term
special institutional agreement (or any other grant agreement or
contract which incorporates by reference such long-term special
institutional agreement) which--,
(1) was entered into under section 405(f) of the General
Education Provisions Act,
// 20 USC 1221e. //
relating to laboratories and centers, and
(2) is in effect on the date of enactment of this Act,
prior to the original completion date established by such long-term
special institutional agreement (or any other grant agreement or
contract which incorporates by reference such long-term special
institutional agreement).
Sec. 210. (a) The Secretary of Agriculture shall initiate
construction on not less than fifteen new projects under the Watershed
Protection and Flood Prevention Act (16 U.S.C. 1001 et seq.) during
fiscal year 1982.
(b) Any project proposed for construction pursuant to the Act
referred to in subsection (a) and submitted to the Director of the
Office of Management and Budget for review shall be deemed to be
approved by the Director unless disapproved by him within ninety days
after submission.
Sec. 211. (a) Subsection (a) of section 112 of the Act of December
15, 1981 (95 Stat. 1194), is amended by inserting after "in connection
with a qualified issue" the following: ", except to the extent such
funds are used in connection with the consideration or granting of an
exemption from the application of such revenue ruling or regulation
under proposed income tax regulation section 1.103 - 7(b)(6)(ii) or any
similar statute or regulation".
(b) Subsection (d) of section 112 of the Act of December 15, 1981 (95
Stat. 1196), is amended to read as follows:
"(d) It is the sense of the Congress that after August 23, 1981, the
Secretary of the Treasury or his delegate, in all cases, should enforce
any revenue ruling or regulation described in paragraph (1) or (2) of
subsection (a) in a manner consistent with the provisions of this
section. Nothing in the preceding sentence shall prevent the Secretary
of the Treasury or his delegate from granting or considering an
exemption from the application of such a revenue ruling or regulation
under proposed income tax regulation section 1.103 - 7(b)(6)(ii) or any
similar statute or regulation.".
Sec. 212. Notwithstanding any provision of this or any other Act,
none of the funds appropriated for the Department of Labor, Mine Safety
and Health Administration, shall be used to classify a mine in the
potash industry as gassy based upon air samples containing
concentrations of methane gas, unless such classification standard has
been adopted through formal rulemaking on or after November 5, 1981.
Sec. 213. None of the funds provided in this or any other Act shall
be used to implement an apportionment and staffing plan to specifically
phase down the Public Health Service Commissioned Corps.
Sec. 214. The Department of Agriculture, U.S. Forest Service,
within available funds, shall expend not less than $1,000,000 for
research on the cyclocrane concept of a lighter-than-air heavy lift
vehicle for use in logging operations.
Sec. 215. (a) The last sentence of section 162(a) of the Internal
Revenue Code of 1954 // 26 USC 162. // (relating to trade or business
expenses) is amended by inserting ", but amounts expended by such
Members within each taxable year for living expenses shall not be
deductible for income tax purposes in excess of $3,000" after "home".
(b) Paragraph (4) of section 280 A(f) of such Code // 26 USC 280 A.
// (relating to coordination with section 162(a)(2) is amended to read
as follows:
"(4) COORDINATION WITH SECTION 162(a)(2). -Nothing in this
section shall be construed to disallow any deduction allowable
under section 162(a)(2) (or any deduction which meets the tests of
section 162(a)(2) but is allowable under another provision of this
title) by reason of the taxpayer's being away from home in the
pursuit of a trade or business (other than the trade or business
of renting dwelling units).".
(c) Subsection (a) of section 139 of the Act of October 1, 1981 (95
Stat. 967), // 26 USC 162 // is hereby repealed.
(d) The amendments made by this section // 26 USC 162 // shall apply
to taxable years beginning after December 31, 1981.
Sec. 216. For an additional amount for National Guard Personnel,
Army, such amount as is necessary to make 850 man-days available to the
Kentucky Army National Guard to implement and operate the Medical
Assistance to Safety and Traffic program in Kentucky through August 1,
1982, to be derived by transfer from Operations and Maintenance, Army
National Guard.
Sec. 217. (a) None of the funds which are made available by this or
any other Act shall be used to study, plan, or implement the termination
of the operation of the Southwestern Indian Polytechnic Institute
located in Albuquerque, New Mexico, in fiscal year 1982.
(b) The Secretary of the Interior shall use funds made available to
the Department of the Interior under the Act of December 23, 1981 (95
Stat. 1391), to operate Southwestern Indian Polytechmic Institute
through fiscal year 1982.
Sec. 218. Notwithstanding the provisions of section 4(b) of the
Federal-Aid Highway Act of 1981, // 95 Stat. 1700. // and section 102(
c) of the Federal-Aid Highway of 1976, // 23 USC 101 // the Secretary
may approve the use of interstate construction funds authorized by
section 108(b) of the Federal-Aid Highway Act of 1956, // 23 USC 101 //
as amended, on projects for resurfacing, restoring, rehabilitating, and
reconstructing the Interstate System in accordance with the provisions
of 23 U.S.C. 119, or for those purposes for which funds apportioned
under 23 U.S.C. 104(b) (1), (2), and (6) may be expended, in a State
which received no more than one-half of 1 per centum of the total
apportionment under 23 U.S.C. 104(b)(5)(A) for the fiscal year ending
September 30, 1983, where necessary in order to fully utilize funds
apportioned under 23 U.S.C. 104(b)(5)(A) through the fiscal year ending
September 30, 1982, but within the obligational limitation established
by section 3 of the Federal-Aid Highway Act of 1981. // 95 Stat. 1699.
23 USC 104 //
Approved July 18, 1982.
LEGISLATIVE HISTORY-H.R. 6685:
HOUSE REPORT No. 97 - 632 (Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 128 (1982):
June 24, considered and passed House.
June 29, considered and passed Senate, amended.
July 15, House concurred in Senate amendment, with an
amendment; Senate agreed to conference report and concurred in
House amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 18, No. 29 (1982):
July 19, Presidential statement.
PUBLIC LAW 97-215, 96 STAT. 178
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 601(a) of
chapter 6 of title 17 of the United States Code is amended by striking
out "1982" and inserting in lieu thereof "1986".
The House of Representatives having proceeded to reconsider the bill
(H.R. 6198) entitled " An Act to amend the manufacturing clause of the
copyright law", returned by the President of the United States with his
objections, to the House of Representatives, in which it originated, it
was
Resolved, That the said bill pass, two-thirds of the House of
Representatives agreeing to pass the same.
I certify that this Act originated in the House of Representatives.
The Senate having proceeded to reconsider the bill (H.R. 6198)
entitled " An Act to amend the manufacturing clause of the copyright
law", returned by the President of the United States with his
objections, to the House of Representatives, in which it originated, and
passed by the House of Representatives on reconsideration of the same,
it was
Resolved, That the said bill pass, two-thirds of the Senators present
having voted in the affirmative.
Attest:
LEGISLATIVE HISTORY-H.R. 6198 (S. 1880):
HOUSE REPORTS: No. 97 - 575, Pt. 1 (Comm. on the Judiciary) and Pt.
2, (Comm. on Ways and Means).
CONGRESSIONAL RECORD, Vol. 128 (1982):
June 14, 15, considered and passed House.
June 30, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 18, No. 27 (1982):
July 8, Presidential veto message.
CONGRESSIONAL RECORD, Vol. 128 (1982):
July 13, House and Senate overrode veto.
PUBLIC LAW 97-214, 96 STAT. 153, MILITARY CONSTRUCTION CODIFICATION
ACT
codify the permanent provisions
of law relating to military construction and military
family housing.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1. This Act may be cited as the " Military Construction
Codification Act".
10 AND
TRANSFER OF RELATED PROVISIONS INTO THAT CHAPTER
Sec. 2. (a) Title 10, United States Code, is amended by adding at the
end of subtitle A the following new chapter:
" Subchapter
Sec.
" I. Military Construction
2801
" II. Military Family Housing
2821
" III. Administration of Military Construction and Military Family
2851 Housing.
" Sec.
"2801. Scope of chapter; definitions.
"2802. Military construction projects.
"2803. Emergency construction.
"2804. Contingency construction.
"2805. Unspecified minor construction.
"2806. Contributions for North Atlantic Treaty Organization
Infrastructure.
"2807. Architectural and engineering services and construction
design.
"2808. Construction authority in the event of a declaration of war
or national emergency.
" Section 2801. Scope of chapter; definitions
"(a) The term 'military construction' as used in this chapter or any
other provision of law includes any construction, development,
conversion, or extension of any kind carried out with respect to a
military installation.
"(b) A military construction project includes all military
construction work, or any contribution authorized by this chapter,
necessary to produce a complete and usable facility or a complete and
usable improvement to an existing facility (or to produce such portion
of a complete and usable facility or improvement as is specifically
authorized by law).
"(c) In this chapter:
"(1) ' Facility' means a building, structure, or other
improvement to real property.
"(2) ' Military installation' means a base, camp, post,
station, yard, center, or other activity under the jurisdiction of
the Secretary of a military department or, in the case of an
activity in a foreign country, under the operational control of
the Secretary of a military department or the Secretary of
Defense.
"(3) ' Secretary concerned' includes the Secretary of Defense
with respect to matters concerning the defense agencies.
"(4) ' Appropriate committees of Congress' means the Committees
on Armed Services and on Appropriations of the Senate and House of
Representatives.
"(d) This chapter does not apply to the Coast Guard or to civil works
projects of the Army Corps of Engineers.
" Section 2802. Military construction projects
"(a) The Secretary of Defense and the Secretaries of the military
departments may carry out such military construction projects as are
authorized by law.
"(b) Authority provided by law to carry out a military construction
project includes authority for--,
"(1) surveys and site preparation;
"(2) acquisition, conversion, rehabilitation, and installation
of facilities;
"(3) acquisition and installation of equipment and
appurtenances integral to the project;
"(4) acquisition and installation of supporting facilities
(including utilities) and appurtenances incident to the project;
and
"(5) planning, supervision, administration, and overhead
incident to the project.
" Section 2803. Emergency construction
"(a) Subject to subsections (b) and (c), the Secretary concerned may
carry out a military construction project not otherwise authorized by
law if the Secretary determines (1) that the project is vital to the
national security, and (2) that the requirement for the project is so
urgent that deferral of the project for inclusion in the next Military
Construction Authorization Act would be inconsistent with national
security.
"(b) When a decision is made to carry out a military construction
project under this section, the Secretary concerned shall submit a
report in writing to the appropriate committees of Congress on that
decision. Each such report shall include (1) the justification for the
project and the current estimate of the cost of the project, (2) the
justification for carrying out the project under this section, and (3) a
statement of the source of the funds to be used to carry out the
project. The project may then be carried out only after the end of the
21-day period beginning on the date the notification is received by such
committees, or after each such committee has approved the project, if
the committees approve the project before the end of that period.
"(c)(1) The maximum amount that the Secretary concerned may obligate
in any fiscal year under this section is $30,000,000.
"(2) A project carried out under this section shall be carried out
within the total amount of funds appropriated for military construction
that have not been obligated.
Section 2804. Contingency construction
"(a) Within the amount appropriated for such purpose, the Secretary
of Defense may carry out a military construction project not otherwise
authorized by law, or may authorize the Secretary of a military
department to carry out such a project, if the Secretary of Defense
determines that deferral of the project for inclusion in the next
Military Construction Authorization Act would be inconsistent with
national security or national interest.
"(b) When a decision is made to carry out a military construction
project under this section, the Secretary of Defense shall submit a
report in writing to the appropriate committees of Congress on that
decision. Each such report shall include (1) the justification for the
project and the current estimate of the cost of the project, and (2) the
justification for carrying out the project under this section. The
project may then be carried out only after the end of the 21-day period
beginning on the date the notification is received by such committees,
or after each such committee has approved the project, if the committees
approve the project before the end of that period.
" Section 2805. Unspecified minor construction
"(a) Within the amount authorized by law for such purpose, the
Secretary concerned may carry out minor military construction projects
not otherwise authorized by law. A minor military construction project
is a military construction project (1) that is for a single undertaking
at a military installation, and (2) that has an approved cost equal to
or less than the amount specified by law as the maximum amount for a
minor military construction project.
"(b)(1) A minor military construction project costing more than 50
percent of the amount specified by law as the maximum amount for a minor
military construction project may not be carried out under this section
unless approved in advance by the Secretary concerned.
"(2) When a decision is made to carry out a minor military
construction project to which paragraph (1) is applicable, the Secretary
concerned shall notify in writing the appropriate committees of Congress
of that decision, of the justification for the project, and of the
estimated cost of the project. The project may then be carried out only
(A) after the end of the 21-day period beginning on the date the
notification is received by the committees, or (B) after each such
committee approves the project, if the committees approve the project
before the end of that period.
"(3) A project for the relocation of any activity from one
installation to another that involves 25 or more full-time civilian
employees of the Department of Defense but that is not subject to
paragraph (1) may not be carried out under the authority of this section
until the appropriate committees of Congress have been notified by the
Secretary concerned of the intent to carry out such relocation under the
authority of this section.
"(c) Only funds authorized for minor construction projects may be
used to accomplish unspecified minor construction projects, except that
the Secretary concerned may spend from appropriations available for
operation and maintenance amounts necessary to carry out an unspecified
military construction project costing not more than 20 percent of the
amount specified by law as the maximum amount for a minor military
construction project.
"(d) Military family housing projects for construction of new housing
units may not be carried out under the authority of this section.
" Section 2806. Contributions for North Atlantic Treaty Organization
infrastructure
"(a) Within amounts authorized by law for such purpose, the Secretary
of Defense may make contributions for the United States share of the
cost of multilateral programs for the acquisition and construction of
military facilities and installations (including international military
headquarters) for the collective defense of the North Atlantic Treaty
Area.
"(b) Funds may not be obligated or expended in connection with the
North Atlantic Treaty Organization Infrastructure program in any year
unless such funds have been authorized by law for such program.
"(c)(1) The Secretary may make contributions in excess of the amount
appropriated for contribution under subsection (a) if the amount of the
contribution in excess of that amount does not exceed 200 percent of the
amount specified by law as the maximum amount for a minor military
construction project.
"(2) If the Secretary determines that the amount appropriated for
contribution under subsection (a) in any fiscal year must be exceeded by
more than the amount authorized under paragraph (1), the Secretary may
make contributions in excess of such amount, but not in excess of 125
percent of the amount appropriated (A) after submitting a report in
writing to the appropriate committees of Congress on such increase,
including a statement of the reasons for the increase and a statement of
the source of the funds to be used for the increase, and (B) after
either a period of 21 days has elapsed from the date of receipt of the
report or after each such committee has indicated approval of the
increased contribution.
" Section 2807. Architectural and engineering services and
construction design
"(a) Within amounts appropriated for such purposes, the Secretary
concerned may obtain architectural and engineering services and may
carry out construction design in connection with military construction
projects not otherwise authorized by law. Amounts available for such
purposes may be used for construction management of projects that are
funded by foreign governments directly or through international
organizations and for which elements of the armed forces of the United
States are the primary user.
"(b) In the case of architectural and engineering services and
construction design to be undertaken under subsection (a) for which the
estimated cost exceeds the maximum amount specified by law for the
purposes of this section, the Secretary concerned shall notify the
appropriate committees of Congress of the scope of the proposed project
and the estimated cost of such services not less than 21 days before the
initial obligation of funds for such services.
"(c) If the Secretary concerned determines that the amount authorized
for activities under subsection (a) in any fiscal year must be increased
the Secretary may proceed with activities at such higher level (1) after
submitting a report in writing to the appropriate committees of Congress
on such increase, including a statement of the reasons for the increase
and a statement of the source of funds to be used for the increase, and
(2) after either a period of 21 days has elapsed from the date of
receipt of the report or after each such committee has indicated
approval of the increased level of activity.
" Section 2808. Construction authority in the event of a declaration
of war or national emergency
"(a) In the event of a declaration of war or the declaration by the
President of a national emergency in accordance with the National
Emergencies Act (50 U.S.C. 1601 et seq.) that requires use of the armed
forces, the Secretary of Defense, without regard to any other provision
of law, may undertake military construction projects, and may authorize
the Secretaries of the military departments to undertake military
construction projects, not otherwise authorized by law that are
necessary to support such use of the armed forces. Such projects may be
undertaken only within the total amount of funds that have been
appropriated for military construction, including funds appropriated for
family housing, that have not been obligated.
"(b) When a decision is made to undertake military construction
projects authorized by this section, the Secretary of Defense shall
notify the appropriate committees of Congress of the decision and of the
estimated cost of the construction projects, including the cost of any
real estate action pertaining to those construction projects.
"(c) The authority described in subsection (a) shall terminate with
respect to any war or national emergency at the end of the war or
national emergency.
" Sec.
"2821. Requirement for authorization of appropriations for
construction and acquisition of military family housing.
"2822. Requirement for authorization of number of family housing
units.
"2823. Determination of availability of suitable alternative housing
for acquisition in lieu of construction of new family housing.
"2824. Authorization for acquisition of existing family housing in
lieu of construction.
"2825. Improvements to family housing units.
"2826. Limitations on space by pay grade.
"2827. Relocation of military family housing units.
"2828. Leasing of military family housing.
"2829. Multi-year contracts for supplies and services.
"2830. Occupancy of substandard family housing units.
"2831. Military family housing management account.
"2832. Homeowners assistance program.
" Section 2821. Requirement for authorization of appropriations for
construction and acquisition of military family housing
"(a) Except as provided in subsection (b), funds may not be
appropriated for the construction, acquisition, leasing, addition,
extension, expansion, alteration, relocation, or operation and
maintenance of family housing under the jurisdiction of the Department
of Defense unless the appropriation of such funds has been authorized by
law.
"(b) In addition to the funds authorized to be appropriated by law in
any fiscal year for the purposes described in subsection (a), there are
authorized to be appropriated such additional sums as may be necessary
for increases in salary, pay, retirement, and other employee benefits
authorized by law for civilian employees of the Department of Defense
whose compensation is provided for by funds appropriated for the
purposes described in such paragraph.
"(c) Amounts authorized by law for construction of military family
housing units include amounts for (1) site preparation (including
demolition), (2) installation of utilities, (3) ancillary supporting
facilities, (4) shades, screens, ranges, refrigerators, and all other
equipment and fixtures installed in such units, and (5) construction
supervision, inspection, and overhead.
" Section 2822. Requirement for authorization of number of family
housing units
"(a) Except as otherwise provided in subsection (b) or as otherwise
authorized by law, the Secretary concerned may not construct or acquire
military family housing units unless the number of units to be
constructed or acquired has been specifically authorized by law.
"(b) Subsection (a) does not apply to the following:
"(1) Housing units acquired under section 404 of the Housing
Amendments of 1955 (42 U.S.C. 1594a).
"(2) Housing units leased under section 2828 of this title.
"(3) Housing units acquired under the Homeowners Assistance
Program referred to in section 2833 of this title.
" Section 2823. Determination of availability of suitable
alternative housing for acquisition in lieu of construction of new
family housing
"(a) Before entering into a contract for the construction of family
housing units authorized by law to be constructed at a location within
the United States, the Secretary concerned shall consult in writing with
the Secretary of Housing and Urban Development as to the availability of
suitable alternative housing at such location. The Secretary of Housing
and Urban Development shall advise the Secretary concerned in writing as
to the availability of such housing. If the Secretary of Housing and
Urban Development does not advise the Secretary concerned as to the
availability of such housing within 21 days of the date on which the
request for such advice is made, the Secretary concerned may enter into
a contract for the proposed construction.
"(b) If the Secretary concerned and the Secretary of Housing and
Urban Development disagree with respect to the availability of suitable
alternative housing at any location, the Secretary concerned shall
notify the appropriate committees of Congress, in writing, of the
disagreement, of the Secretary's decision to proceed with the
construction, and of the justification for proceeding with the
construction. A contract for construction of family housing units at
such location may not then be entered into until the end of the 21-day
period beginning on the date such committees receive the notification.
"(c) If the Secretary concerned and the Secretary of Housing and
Urban Development agree that suitable alternative housing is available
at a location at which military family housing units are authorized to
be constructed, the Secretary may not proceed with such construction.
"(d) The Secretary of Defense shall prescribe regulations to define
what constitutes suitable alternative housing for the purposes of this
section.
" Section 2824. Authorization for acquisition of existing family
housing in lieu of construction
"(a) In lieu of constructing any family housing units authorized by
law to be constructed, the Secretary concerned may acquire sole interest
in existing family housing units that are privately owned or that are
held by the Department of Housing and Urban Development, except that in
foreign countries the Secretary concerned may acquire less than sole
interest in existing family housing units.
"(b) When authority provided by law to construct military family
housing units is used to acquire existing family housing units under
subsection (a), the authority includes authority to acquire interests in
land.
"(c) The net floor area of a family housing unit acquired under the
authority of this section may not exceed the applicable limitation
specified in section 2826 of this title.
"(d) Family housing units may not be acquired under this section
through the exercise of eminent domain authority.
" Section 2825. Improvements to family housing units
"(a)(1) Authority provided by law to improve existing military family
housing units and ancillary family housing support facilities is
authority to make alterations, additions, expansions, and extensions.
"(2) In this section, 'improvement' includes rehabilitation of a
housing unit and maintenance or repair work to be accomplished
concurrently with an improvement project.
"(b)(1) Funds may not be expended for the improvement of any single
family housing unit, or for the improvement of two or more housing units
that are to be converted into or are to be used as a single family
housing unit, if the cost per unit of such improvement will exceed an
amount specified by law for such purpose multiplied by the area
construction cost index as developed by the Department of Defense for
the location concerned at the time of contract award.
"(2) In determining the applicability of the limitation contained in
paragraph (1), there shall be included as part of the cost of the
improvement the cost of repairs undertaken in connection with the
improvement and any cost in connection with (A) the furnishing of
electricity, gas, water and sewage disposal, (B) the construction or
repair of roads and walks, and (C) grading and drainage work.
"(c) This section does not apply to projects authorized for
restoration or replacement of housing units that have been damaged or
destroyed.
" Section 2826. Limitations on space by pay grade
"(a) In the construction, acquisition, and improvement of military
family housing units, the following are the space limitations for the
applicable numbers of bedrooms permitted for each pay grade:
SPACE LIMITATIONS TABLE OMITTED.
"(b) The applicable maximum net floor area prescribed by subsection
(a) may be increased by 10 percent for the housing unit of an officer
holding a special command position (as designated by the Secretary of
Defense), for the housing unit of the commanding officer of a military
installation, and for the senior noncommissioned officer of a military
installation.
"(c) The maximum net floor area prescribed by subsection (a) may be
increased in any case by 5 percent if the Secretary concerned determines
that the increase is in the best interest of the Government (1) to
permit award of a turnkey construction contract to the contractor
offering the most satisfactory proposal, or (2) to permit purchase,
lease, or conversion of housing units. An increase in the maximum net
floor area of a housing unit under subsection (b) when combined with an
increase in the maximum net floor area of such unit under this
subsection may not exceed 10 percent of the otherwise applicable
limitation prescribed by subsection (a).
"(d)(1) The Secretary concerned may waive the provisions of
subsection (a) with respect to a family housing unit leased in a foreign
country if a suitable family housing unit within the applicable maximum
net floor area prescribed by such subsection cannot be obtained.
"(2) Subsection (a) does not apply to family housing units in foreign
countries constructed or acquired by the Secretary of State for
occupancy by members of the armed forces.
"(e) The maximum net floor areas prescribed by this section apply to
family housing provided to civilian personnel based upon civilian pay
scale comparability with military pay grades, as determined by the
Secretary of Defense.
"(f) In this section, 'net floor area' means the total number of
square feet of the floor space inside the exterior walls of a structure,
excluding the floor area of an unfinished basement, an unfinished attic,
a utility space, a garage, a carport, an open or insect-screened porch,
a stairwell, and any space used for a solar-energy system.
" Section 2827. Relocation of military family housing units
"(a) Subject to subsection (b), the Secretary concerned may relocate
existing military family housing units from any location where the
number of such units exceeds requirements for military family housing to
any military installation where there is a housing shortage.
"(b) A contract to carry out a relocation of military family housing
units under subsection (a) may not be awarded until (1) the Secretary
concerned has notified the appropriate committees of Congress of the
proposed new locations of the housing units to be relocated and the
estimated cost of and source of funds for the relocation, and (2) a
period of 21 days has elapsed after the notification has been received
by those committees.
" Section 2828. Leasing of military family housing
"(a)(1) Subject to paragraph (2), the Secretary of the military
department concerned may lease housing facilities at or near a military
installation in the United States, Puerto Rico, or Guam for assignment,
without rental charge, as family housing to members of the Armed Forces
and for assigment, with fair market rental charge, as family housing to
civilian employees of the Department of Defense stationed at such
installation.
"(2) A lease may only be made under paragraph (1) if the Secretary
concerned finds that there is a shortage of adequate housing at or near
such military installation and that--,
"(A) the requirement for such housing is temporary;
"(B) leasing would be more cost effective than construction or
acquisition of new housing;
"(C) family housing is required for personnel attending service
school academic courses on permanent change of station orders;
"(D) construction of family housing at such installation has
been authorized by law but is not yet completed; or
"(E) a military construction authorization bill pending in
Congress includes a request for authorization of construction of
family housing at such installation.
"(b)(1) Not more than 10,000 family housing units may be leased at
any one time under subsection (a).
"(2) Except as provided in paragraph (3), expenditures for the rental
of housing units under subsection (a) (including the cost of utilities,
maintenance, and operation) may not exceed the amount specified by law
as the maximum annual domestic family housing unit lease amount.
"(3) Not more than 500 housing units may be leased under subsection
(a) for which the expenditure for the rental of such units (including
the cost of utilities, maintenance, and operation) exceeds the maximum
annual domestic family housing unit lease amount but does not exceed 120
percent of that amount.
"(c) The Secretary concerned may lease housing facilities in foreign
countries for assignment, without rental charge, as family housing to
members of the Armed Forces and for assignment, with or without rental
charge, as family housing to civilian employees of the Department of
Defense--,
"(1) under circumstances specified in clause (A), (B), (D), or
(E) of subsection (a)(2);
"(2) for incumbents of special command positions (as determined
by the Secretary of Defense);
"(3) in countries where excessive costs of housing or other
lease terms would cause undue hardship on Department of Defense
personnel; and
"(4) in countries that prohibit leases by individual military
or civilian personnel of the United States.
"(d) Leases of housing units in foreign countries under subsection
(c) for assignment as family housing may be for any period not in excess
of ten years, and the costs of such leases for any year may be paid out
of annual appropriations for that year.
"(e)(1) Expenditures for the rental of family housing in foreign
countries (including the costs of utilities, maintenance, and operation)
may not exceed the amount specified by law as the maximum annual foreign
family housing unit lease amount. That maximum lease amount may be
waived by Secretary concerned with respect to not more than a total of
200 such units that are leased for incumbents of special positions or
for personnel assigned to Defense Attache Offices or that are leased in
countries where excessive costs of housing would cause undue hardship on
Department of Defense personnel.
"(2) The maximum number of family housing units that may be leased in
foreign countries under this section at any one time shall be specified
by law.
"(f) A lease for family housing facilities, or for real property
related to family housing facilities, in a foreign country for which the
average estimated annual rental during the term of the lease exceeds the
amount specified by law for such purpose may not be made under this
section until (1) the Secretary concerned provides to the appropriate
committees of Congress written notification of the facts concerning the
proposed lease, and (2) a period of 21 days elapses after the
notification is received by those committees.
" Section 2829. Multi-year contracts for supplies and services
" The Secretary concerned may make contracts for periods of up to
four years for supplies and services for the management, maintenance,
and operation of military family housing and may pay the costs of such
contracts for each year out of annual appropriations for that year.
" Section 2830. Occupancy of substandard family housing units
"(a)(1) A member of the uniformed services with dependents may,
without loss of the member's basic allowance for quarters, occupy a
substandard family housing unit under the jurisdiction of the Secretary
of a military department.
"(2) Occupancy of a family housing unit under paragraph (1) shall be
subject to a charge against the member's basic allowance for quarters in
the amount of the fair rental value of the housing unit. However, such a
charge may not be made in an amount in excess of 75 percent of the
amount of such allowance.
"(b) Subject to regulations prescribed by the Secretary of Defense,
the Secretary of a military department may lease substandard family
housing units to members of any of the uniformed services for occupancy
by such members.
"(c) In this section, 'uniformed services' means the armed forces and
the commissioned corps of the Public Health Service and of the National
Oceanic and Atmospheric Administration.
" Section 2831. Military family housing management account
"(a) There is on the books of the Treasury an account known as the
Department of Defense Military Family Housing Management Account
(hereinafter in this section referred to as the 'account'). The account
shall be used for the management and administration of funds
appropriated or otherwise made available to the Department of Defense
for military family housing programs.
"(b) The account shall be administered as a single account. There
shall be transferred into the account--,
"(1) appropriations made for the purpose of, or which are
available for, the payment of costs arising in connection with the
construction, acquisition, leasing, relocation, operation and
maintenance, and disposal of military family housing, including
the cost of principal and interest charges, and insurance
premiums, arising in connection with the acquisition of such
housing, and mortgage insurance premiums payable under section
222(c) of the National Housing Act (12 U.S.C. 1715m(c));
"(2) proceeds from the rental of family housing and mobile home
facilities under the control of a military department,
reimbursements from the occupants of such facilities for services
rendered (including utility costs), funds obtained from
individuals as a result of losses, damages, or destruction to such
facilities caused by the abuse or negligence of such individuals,
and reimbursements from other Government agencies for expenditures
from the account; and
"(3) proceeds of the handling and the disposal of family
housing of a military department (including related land and
improvements), whether carried out by a military department or any
other Federal agency, but less those expenses payable pursuant to
section 204(b) of the Federal Property and Administrative Services
Act of 1949 (40 U.S.C. 485(b)).
"(c) Amounts in the account shall remain available until spent.
"(d) The Secretary concerned may make obligations against the
account, in such amounts as may be specified from time to time in
appropriation Acts, for the purpose of defraying, in the manner and to
the extent authorized by law, the costs referred to in subsection (b).
" Section 2832. Homeowners assistance program
" The Secretary of Defense may exercise the authority provided in
section 1013 of the Demonstration Cities and Metropolitan Development
Act of 1966 (42 U.S.C. 3374).
" Sec.
"2851. Supervision of military construction projects.
"2852. Military construction projects: waiver of certain
restrictions.
"2853. Authorized cost variations.
"2854. Restoration or replacement of damaged or destroyed
facilities.
"2855. Law applicable to contracts for architectural and engineering
services and construction design.
"2856. Limitations on barracks space by pay grade.
"2857. Use of solar energy systems.
"2858. Limitation on the use of funds for expediting a construction
project.
"2859. Transmission of annual military construction authorization
request.
"2860. Availability of appropriations for five years.
"2861. Annual report to Congress.
" Section 2851. Supervision of military construction projects
"(a) Each contract entered into by the United States in connection
with a military construction project or a military family housing
project shall be carried out under the direction and supervision of the
Secretary of the Army (acting through the Chief of Engineers), the
Secretary of the Navy (acting through the Commander of the Naval
Facilities Engineering Command), or such other department or Government
agency as the Secretary of Defense approves to assure the most
efficient, expeditious, and cost-effective completion of the project.
"(b) A military construction project for an activity or agency of the
Department of Defense (other than a military department) financed from
appropriations for military functions of the Department of Defense shall
be accomplished by or through a military department designated by the
Secretary of Defense.
" Section 2852. Military construction projects: waiver of certain
restrictions
"(a) The Secretary of Defense and the Secretaries of the military
departments may carry out authorized military construction projects and
authorized military family housing projects without regard to section
3648 of the Revised Statutes (31 U.S.C. 529).
"(b) Authority to carry out a military construction project or a
military family housing project on land not owned by the United States
may be exercised (1) before title to the land on which the project is to
be carried out is approved under section 355 of the Revised States (40
U.S.C. 255), and (2) even though the land is held temporarily.
" Section 2853. Authorized cost variations
"(a)(1) Except as provided in paragraph (2), the cost authorized for
a military construction project (other than a project for which the
approved amount is less than the amount specified by law as the maximum
amount for a minor military construction project) may be increased by
not more than 25 percent of the amount appropriated for the project by
Congress or 200 percent of the amount specified by law as the maximum
amount for a minor military construction project, whichever is lesser,
if the Secretary concerned determines (A) that such an increase is
required for the sole purpose of meeting unusual variations in cost, and
(B) that such variations in cost could not have been reasonably
anticipated at the time the project was originally approved by Congress.
"(2) A military construction project (other than a project for which
the approved amount is less than the amount specified by law as the
maximum amount for a minor military construction project) may not be
placed under contract if, based upon bids received--,
"(A) the scope of work for the project, as approved by
Congress, is proposed to be reduced by more than 25 percent; or
"(B) the current working estimate of the cost of the project
exceeds the amount appropriated for the project by more than (i)
25 percent, or (ii) 200 percent of the amount specified by law as
the maximum amount for a minor military construction project,
whichever is lesser,
until subsection (d) is complied with.
"(b) If the amount approved for a project is less than the amount
specified by law as the maximum amount for a minor military construction
project, that approved amount may be increased to more than such maximum
amount if the Secretary concerned determines (1) that such an increase
is required for the sole purpose of meeting unusual variations in cost,
and (2) that such variations in cost could not have been reasonably
anticipated at the time the project was originally approved. However,
if, based upon bids received, the current working estimate of the cost
of such a project is more than such maximum amount and is more than 125
percent of the original approved amount for the project, the project may
not be placed under contract until subsection (d) is complied with.
"(c) The amount authorized by law for the cost of authorized
construction and acquisition of a military family housing project may be
increased above the amount appropriated for such project if the
Secretary determines (1) that the increase is required for the sole
purpose of meeting unforeseen variations in cost, and (2) that such
variations in cost could not have been reasonably anticipated at the
time the project was originally approved by Congress. However, such
amount may not be increased by more than 25 percent until subsection (d)
is complied with.
"(d) The limitation on reduction in scope of work in subsection (a),
and the limitations on cost increases in subsections (a), (b), and (c),
do not apply if--,
"(1) the reduction in scope of work or the increase in cost, as
the case may be, is approved by the Secretary concerned;
"(2) a written notification of the facts relating to the
proposed reduced scope of work or increased cost (including a
statement of the reasons therefor) is submitted by the Secretary
concerned to the appropriate committees of Congress; and
"(3) either 21 days have elapsed from the date of the
submission of the notification under clause (2) or each of the
appropriate committees of Congress has indicated approval of the
proposed reduced scope of work or increased cost.
"(e) After a contract for a project has been entered into, the
Secretary concerned may carry out such project in an amount above the
amount appropriated for such project by Congress in order to meet the
costs of change orders or contractor claims. In the case of a contract
to be carried out above the amount appropriated for which there has not
been a cost variation under subsection (a), (b), (c), or (d), the
Secretary concerned shall promptly report to the appropriate committees
of Congress on the revised cost for the project and the reasons for the
revised cost if the total cost under the contract exceeds the amount
appropriated for the project by more than 25 percent. In the case of a
contract to be carried out above the amount appropriated for which there
has been a cost variation under subsection (a), (b), (c), or (d), the
Secretary concerned shall promptly report to the appropriate committees
of Congress on the revised cost for the project and the reasons for the
revised cost, regardless of the amount by which the revised cost exceeds
the amount approved for the project by the modification under subsection
(a), (b), (c), or (d).
" Section 2854. Restoration or replacement of damaged or destroyed
facilities
"(a) Subject to subsection (b), the Secretary concerned may repair,
restore, or replace a facility under his jurisdiction, including a
family housing facility, that has been damaged or destroyed.
"(b) When a decision is made to carry out construction under this
section and the cost of the repair, restoration, or replacement is
greater than the maximum amount for a minor construction project, the
Secretary concerned shall notify in writing the appropriate committees
of Congress of that decision, of the justification for the project, of
the current estimate of the cost of the project, of the source of funds
for the project, and of the justification for carrying out the project
under this section. The project may then be carried out only (1) after
the end of the 21-day period beginning on the date the notification is
received by such committees, or (2) after each such committee has
approved the project, if the committees approve the project before the
end of that period.
" Section 2855. Law applicable to contracts for architectural and
engineering services and construction design
" Contracts for architectural and engineering services and
construction design in connection with a military construction project
or a military family housing project shall be awarded in accordance with
title IX of the Federal Property and Administrative Services Act of 1949
(40 U.S.C. 541 et seq.).
" Section 2856. Limitations on barracks space by pay grade
"(a) The Secretary of Defense shall prescribe regulations
establishing the maximum allowable net square feet per occupant for new
permanent barracks construction. Such regulations shall be uniform for
the armed forces under the jurisdiction of the Secretary of a military
department.
"(b) Before taking effect, any regulations under this section, and
any modifications to such regulations, shall be submitted to the
appropriate committees of Congress. Such regulations (including any
modifications to such regulations) may not then take effect until 21
days after being received by such committees.
" Section 2857. Use of solar energy systems
"(a) The Secretary of Defense shall encourage the use of solar energy
systems as a source of energy for military construction projects
(including military family housing projects) where use of solar energy
would be practical and economically feasible.
"(b)(1) The Secretary concerned shall require that the design of all
new facilities (including family housing) shall include consideration of
solar energy systems in those cases in which use of solar energy has the
potential for significant savings of fossil-fuel-derived energy.
"(2) The Secretary concerned shall require that contracts for
construction resulting from such design include a requirement that solar
energy systems be installed if such systems can be shown to be cost
effective.
"(c)(1) For the purposes of this section, a solar energy system for a
facility shall be considered to be cost effective if the difference
between (A) the original investment cost of the energy system for the
facility with a solar energy system, and (B) the original investment
cost of the energy system for the facility without a solar energy system
can be recovered over the expected life of the facility.
"(2) A determination under paragraph (1) of whether a
costdefferential can be recovered over the expected life of a facility
shall be made using accepted life-cycle costing procedures and shall
include--,
"(A) the use of all capital expenses and all operating and
maintenance expenses associated with the energy system with and
without a solar energy system over the expected life of the
facility or during a period of 25 years, whichever is shorter;
"(B) the use of fossil fuel costs (and a rate of cost growth
for fossil fuel costs) as determined by the Secretary of Defense;
and
"(C) the use of a discount rate of 7 percent per year for all
expenses of the energy system.
"(3) For the purpose of any life-cycle cost analysis under this
subsection, the original investment cost of the solar energy system
shall be reduced by 10 percent to reflect an allowance for an investment
cost credit.
"(d) In order to equip a military construction project (including a
military family housing project) with solar heating equipment, solar
cooling equipment, or both solar heating and solar cooling equipment, or
with a passive solar energy system, the Secretary concerned may
authorize an increase in any otherwise applicable limitation with
respect to the number of square feet or the cost per square foot of the
project by such amount as may be necessary for such purpose. Any such
increase under this subsection shall be in addition to any other
administrative increase in cost per square foot or variation in floor
area authorized by law.
" Section 2858. Limitation on the use of funds for expediting a
construction project
" Funds appropriated for military construction (including military
family housing) may not be expended for additional costs involved in
expediting a construction project unless the Secretary concerned (1)
certifies that expenditures for such costs are necessary to protect the
national interests, and (2) establishes a reasonable completion date for
the project. In establishing such a completion date, the Secretary
shall take into consideration the urgency of the requirement for
completion of the project, the type and location of the project, the
climatic and seasonal conditions affecting the construction involved,
and the application of economical construction practices.
" Section 2859. Transmission of annual military construction
authorization request
" The Secretary of Defense shall transmit to Congress the annual
request for military construction authorization for a fiscal year during
the first 10 days after the President transmits to Congress the Budget
for that fiscal year pursuant to section 201 of the Budget and
Accounting Act, 1921 (31 U.S.C. 11).
" Section 2860. Availability of appropriations for five years
"(a) Subject to the provisions of appropriation Acts and except as
otherwise provided under subsection (b), any funds appropriated to a
military department or defense agency for the construction of military
projects may be obligated for a military construction project or
contract, or for any portion of such a project or contract, at any time
before the end of the fourth fiscal year after the fiscal year for which
funds for such project were appropriated if the funds obligated for such
project (1) are obligated from funds available for military construction
projects, and (2) do not exceed the amount appropriated for such
project, plus any amount by which the cost of such project is increased
pursuant to law.
"(b) Should a requirement develop to obligate funds for a military
construction project after the end of the fourth fiscal year after the
fiscal year for which such funds were appropriated, such obligation may
be made after the end of the 21-day period beginning on the date on
which the appropriate committees of Congress receive notification of the
need for such obligation and the reasons therefor.
" Section 2861. Annual report to Congress
"(a) The Secretary of Defense shall submit a report to the
appropriate committees of Congress each year with respect to military
construction activities and military family housing activities. Each
such report shall be submitted at the same time that the annual request
for military construction authorization is submitted for that year.
Except where otherwise provided in this section, information required by
this section to be provided in the report shall be provided for the two
most recent fiscal years and for the fiscal year for which the budget
request is made.
"(b) Each report under subsection (a) shall include the following:
"(1) A statement of the construction status and a fiscal
summary of the military construction projects undertaken under,
and the amounts authorized and appropriated for, contingency
construction under section 2804 of this title.
"(2) Information to enable the committees to evaluate the
relationships between budget requests for appropriations for
unspecified minor construction projects under section 2805 of this
title and obligations of appropriated funds for projects under
such section. Such information shall include comparisons of
budget requests and obligations using military construction
appropriations and using operations and maintenance
appropriations, maintenance and repair backlog, and obligations
for maintenance and repair.
"(3) Information to enable the committees to monitor trends in
construction started using funds contributed by the United States
under section 2806 of this title to the North Atlantic Treaty
Organization Infrastructure program and the status of recoupments
under that program.
"(4) Information to enable the committees to evaluate trends in
contracting for architect and engineering services and
construction design, and trends in accomplishing design of
construction projects by Government employees, under the authority
of section 2807 of this title.
"(5) Information to enable the committees to evaluate trends in
supervision, inspection, and overhead costs for the dollar amount
of military construction accomplished during a fiscal year by a
military construction department or agency under the authority of
section 2851 of this title.
"(6) A summary of military construction projects (other than a
military construction project for an amount less than the amount
specified by law as the maximum amount for a minor military
construction project) placed under contract during the preceding
fiscal year with respect to which a cost variation or scope
reduction report was supplied to the appropriate committees of
Congress under section 2853 of this title. There shall also be
included an analysis to indicate whether the cost variation was
the result of a lack of competition, quality of plans and
specifications, or quality of budget estimates, or of other
factors.
"(7) Information to enable the committees to evaluate the use
of the authority provided under section 2858 to expedite a
military construction project when such expediting is required to
protect the national interest.
"(8) Information in sufficient detail to enable the committees
to monitor trends in design, construction, performance goals, and
progress.
"(9) With respect to each contract awarded during the preceding
fiscal year on other than a competitive basis to the lowest
responsible bidder, the name of the contractor, the original
amount of the contract, and the reason for the award of the
contract on other than a competitive basis.".
(b) The tables of chapters at the beginning of subtitle A, and at the
beginning of part IV of subtitle A, of title 10, United States Code, are
amended by adding at the end thereof the following: "169. Military
Construction and Military Family Housing
2801".
COMPONENTS
Sec. 3. (a) Subsection (f) of section 2233 of title 10, United
States Code, is amended to read as follows:
"(f)(1) Authority provided by law to construct, expand, rehabilitate,
convert, or equip any facility under this section includes authority to
expend funds for surveys, administration, overhead, planning, and
supervision incident to any such activity.
"(2) Authority to acquire real property under this section includes
authority to make surveys and to acquire interests in land (including
temporary interests) by purchase, gift, exchange of Government--, owned
land, or otherwise.".
(b)(1) Chapter 133 of such title is amended by adding at the end
thereof the following new section:
" Section 2239. Waiver of certain restrictions
"(a) The Secretary of Defense and the Secretary of each military
department may make expenditures and contributions under section 2233 of
this title without regard to section 3648 of the Revised Statutes (31
U.S.C. 529).
"(b) Authority provided by law to place permanent or temporary
improvements on lands under section 2233 of this title may be exercised
(1) before title to the land on which the improvement is located (or is
to be located) is approved under section 355 of the Revised Statutes (40
U.S.C. 255), and (2) even though the land is held temporarily.".
(2) The table of sections at the beginning of such chapter is amended
by adding at the end thereof the following new item:
"2239. Waiver of certain restrictions.".
(c)(1) Section 2233a of such title is amended to read as follows:
" Section 2233a. Limitation on certain projects; authority to carry
out small projects with operation and maintenance funds
"(a)(1) Except as provided in paragraph (2), an expenditure or
contribution in an amount in excess of $200,000 may not be made under
section 2233 of this title // 10 USC 2233. // for any facility until
the Secretary of Defense has notified the Committees on Armed Services
and on Appropriations of the Senate and House of Representatives of the
location, nature, and estimated cost of the facility and a period of 21
days has passed after receipt of such notification.
"(2) Paragraph (1) does not apply to expenditures or contributions
for the following:
"(A) Facilities acquired by lease.
"(B) A project for a facility that has been authorized by
Congress, if the location and purpose of the facility are the same
as when authorized and if, based upon bids received--,
project
by more than (I) 25 percent, or (II) 200 percent of
the
amount specified by law as the maximum amount for a
minor military construction project, whichever is
lesser.
"(b) Under such regulations as the Secretary of Defense may
prescribe, a project authorized under section 2233(a) of this title //
10 USC 2233. // that costs $50,000 or less may be carried out with
funds available for operations and maintenance.".
(2) The item relating to such section in the table of sections at the
beginning of such chapter is amended to read as follows:
"2233a. Limitation on certain projects; authority to carry out
small projects with operation and maintenance funds.".
(d)(1) Clause (1) of section 2232 of such title // 10 USC 2232. //
is amended to read as follows:
"(1) ' State' means any of the States of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, and each
territory and possession of the United States and includes
political subdivisions and military units thereof and
tax-supported agencies therein.".
(2) Sections 2233(a)(2), 2233(a)(3), 2233(a)(4), 2233(a)(6), 2236(
c), 2236(d), and 2237(b) of such title // 10 USC 2233, 2236, 2237. //
are amended by striking out "or Territory, Puerto Rico, or the District
of Columbia".
(3) Subsections (a) and (b) of section 2236 of such title are amended
by striking out "or Territory, Puerto Rico, or the District of Columbia,
whichever is concerned,".
(4) Section 2238 of such title // 10 USC 2238. // is amended by
striking out "or Territory" and all that follows and inserting in lieu
thereof "or, in the case of the District of Columbia, the commanding
general of the National Guard of the District of Columbia.".
(e)(1) Clause (5) of section 2233(a) of such title is amended to read
as follows:
"(5) contribute to any State amounts for the acquisition,
construction, expansion, rehabilitation, and conversion by such
State of such additional facilities as the Secretary determines to
be required because of the failure of existing facilities to meet
the purposes of this chapter; and".
(2) Section 2236(b) of such title is amended by inserting "or (5)"
after "2233(a)(4)".
Sec. 4. Section 138(f)(1) of title 10, United States Code, is
amended by striking out "but excludes" and all that follows and
inserting in lieu thereof the following: ", any activity to which
section 2807 of this title applies, any activity to which chapter 133 of
this title // 10 USC 2231 // applies, and advances to the Secretary of
Transportation for the construction of defense access roads under
section 210 of title 23. Such term does not include any activity to
which section 2821 or 2854 of this title applies.".
Sec. 5. Section 2676 of title 10, United States Code, is amended--,
(1) by inserting "(a)" before " No military department"; and
(2) by adding at the end the following:
"(b) Authority provided the Secretary of a military department by law
to acquire an interest in real property (including a temporary interest)
includes authority--,
"(1) to make surveys; and
"(2) to acquire the interest in real property by gift,
purchase, exchange of real property owned by the United States, or
otherwise.
"(c)(1) Except as provided in paragraph (2), the cost authorized for
a land acquisition project may be increased by not more than 25 percent
of the amount appropriated for the project by Congress or 200 percent of
the amount specified by law as the maximum amount for a minor military
construction project, whichever is lesser, if the Secretary concerned
determines (A) that such an increase is required for the sole purpose of
meeting unusual variations in cost, and (B) that such variations in cost
could not have been reasonably anticipated at the time the project was
originally approved by Congress.
"(2) A land acquisition project may not be placed under contract if,
based upon the agreed price for the land--,
"(A) the scope of the acquisition, as approved by Congress, is
proposed to be reduced by more than 25 percent; or
"(B) the agreed price for the land exceeds the amount
appropriated for the project by more than (i) 25 percent, or (ii)
200 percent of the amount specified by law as the maximum amount
for a minor military construction project, whichever is lesser,
until subsection (d) is complied with.
"(d) The limitations on reduction in scope or increase in cost of a
land acquisition in subsection (c) do not apply if the reduction in
scope or the increase in cost, as the case may be, is approved by the
Secretary concerned and a written notification of the facts relating to
the proposed reduced scope or increased cost (including a statement of
the reasons therefor) is submitted by the Secretary concerned to the
appropriate committees of Congress. A contract for the acquisition may
then be awarded only (1) after a period of 21 days elapses from the date
the notification is received by the committees, or (2) upon the approval
of those committees, if before the end of that period each such
committee approves the proposed reduced scope or increased cost.".
Sec. 6. (a)(1) Chapter 141 of title 10, United States Code, is
amended by adding at the end thereof the following new section:
" Section 2394. Contracts for energy or fuel for military
installations
"(a) Subject to subsection (c), the Secretary of a military
department may enter into contracts for periods of up to 30 years--,
"(1) under section 2689 of this title; and
"(2) for the provision and operation of energy production
facilities on real property under the Secretary's jurisdiction or
on private property and the purchase of energy produced from such
facilities.
"(b) A contract may be made under subsection (a) only--,
"(1) after the approval of the proposed contract by the
Secretary of Defense; and
"(2) after the Committees on Armed Services and on
Appropriations of the Senate and House of Representatives have
been notified of the terms of the proposed contract, including the
dollar amount of the contract and the amount of energy or fuel to
be delivered to the Government under the contract.
"(d) The costs of contracts under this section for any year may be
paid from annual appropriations for that year.".
(2) The table of sections at the beginning of such chapter is amended
by adding at the end thereof the following new item:
"2394. Contracts for energy or fuel for military installations.".
(b)(1) Chapter 153 of title 10, United States Code, is amended by
adding at the end thereof the following new section:
" Section 2577. Disposal of recyclable materials
"(a)(1) The Secretary of Defense shall prescribe regulations to
provide for the sale of recyclable materials held by a military
department or defense agency and for the operation of recycling programs
at military installations. Such regulations shall include procedures
for the designation by the Secretary of a military department (or by the
Secretary of Defense with respect to facilities of a defense agency) of
military installations that have established a qualifying recycling
program for the purposes of subsection (b)(2).
"(2) Any sale of recyclable materials by the Secretary of Defense or
Secretary of a military department shall be in accordance with the
procedures in section 203 of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 484) for the sale of surplus property.
"(b)(1) Proceeds from the sale of recyclable materials at an
installation shall be credited to funds available for operations and
maintenance at that installation in amounts sufficient to cover the
costs of operations, maintenance, and overhead for processing recyclable
materials at the installation (including the cost of any equipment
purchased for recycling purposes).
"(2) If after such funds are credited a balance remains available to
a military installation and such installation has a qualifying recycling
program (as determined by the Secretary of the military department
concerned or the Secretary of Defense), not more than 50 percent of that
balance may be used at the installation for projects for pollution
abatement, energy conservation, and occupational safety and health
activities. A project may not be carried out under the preceding
sentence for an amount greater than 50 percent of the amount established
by law as the maximum amount for a minor construction project.
"(3) The remaining balance available to a military installation may
be transferred to the nonappropriated morale and welfare account of the
installation to be used for any morale or welfare activity.
"(c) If the balance available to a military installation under this
section at the end of any fiscal year is in excess of $2,000,000, the
amount of that excess shall be covered into the Treasury as
miscellaneous receipts.".
(2) The table of sections at the beginning of such chapter is amended
by adding at the end thereof the following new item:
"2577. Disposal of recyclable materials.".
(c)(1) Chapter 159 of title 10, United States Code, is amended by
adding at the end thereof the following new sections:
" Section 2689. Development of geothermal energy on military lands
" The Secretary of a military department may develop, or authorize
the development of, any geothermal energy resource within lands under
the Secretary's jurisdiction, including public lands, for the use or
benefit of the Department of Defense if that development is in the
public interest, as determined by the Secretary concerned, and will not
deter commercial development and use of other portions of such resource
if offered for leasing.
" Section 2690. Restriction on fuel sources for new heating systems
"(a) Except as provided in subsection (b), a new heating system that
requires a heat input rate of fifty million British thermal units per
hour or more and that uses oil or gas (or a derivative of oil or gas) as
fuel may not be constructed on lands under the jurisdiction of a
military department.
"(b) The Secretary of the military department concerned may waive the
provisions of subsection (a) in rare and unusual cases, but such a
waiver may not become effective until after the Secretary has notified
the appropriate committees of Congress in writing of the waiver.
"(c) The Secretary of the military department concerned may not
provide service for a new heating system in increments in order to avoid
the prohibition contained in subsection (a).".
(2) The table of sections at the beginning of such chapter is amended
by adding at the end thereof the following new items:
"2689. Development of sources of energy on or for military
installations.
"2690. Restriction on fuel sources for new heating systems.".
Sec. 7. The following provisions of law are repealed:
(1) Sections 2212, 2661, 2673, 2674, 2678, 2681, 2684, 2686,
2688, 4774, and 9774 of title 10, United States Code.
(2) Section 504 of the Act entitled " An Act to authorize
certain construction at military and naval installations, and for
other purposes", approved September 28, 1951 (31 U.S.C. 723).
(3) Sections 103 and 406(a) of the Act entitled " An Act to
authorize certain construction at military installations, and for
other purposes", approved August 30, 1957 (42 U.S.C.1594H and
1594i).
(4) Section 420 of the Military Construction Act of 1959
// 7 USC 1704b. //
(Public Law 86 - 14; 73 Stat. 324).
(5) Sections 501, 503, and 507 of the Act entitled " An Act to
authorize certain construction at military installations, and for
other purposes", approved July 27, 1962 (42 U.S.C. 1594a-1,
1594h-1, and 1594a-2).
(6) Section 507 of the Military Construction Authorization Act,
1964 (42 U.S.C. 1594k).
(7) Sections 610 and 611 of the Military Construction
Authorization Act, 1966 (Public Law 89 - 188; 79 Stat. 818).
// 10 USC 1077 //
(8) Sections 610 and 612 of the Military Construction
Authorization Act, 1967 (Public Law 89 - 568; 50 U.S.C. App.
2287; 31 U.S.C. 723a).
(9) Section 610(a) of the Military Construction Authorization
Act, 1968 (42 U.S.C. 1594h-2).
(10) Section 807 of the Military Construction Authorization
Act, 1969 (Public Law 90 - 408; 82 Stat. 392).
(11) Section 512 of the Military Construction Authorization
Act, 1970 (Public Law 91 - 142; 83 Stat. 313).
(12) Section 508 of the Military Construction Authorization
Act, 1971 (Public Law 91 - 511; 84 Stat. 1220).
(13) Section 508 of the Military Construction Authorization
Act, 1973 (42 U.S.C. 1594j-1).
(14) Sections 509 and 612 of the Military Construction
Authorization Act, 1975 (Public Law 93 - 552; 88 Stat. 1759,
1765).
(15) Section 613 of the Military Construction Authorization
Act, 1978 (Public Law 95 - 82; 91 Stat. 380).
(16) Section 803 of the Military Construction Authorization
Act, 1979 (Public Law 95 - 356; 30 U.S.C. 1002a).
// 30 USC 1002a //
(17) Sections 505 and 808 of the Military Construction
Authorization Act,
// 42 USC 1594h-3. //
(Public Law 96 - 418; 94 Stat. 1765, 1778).
(18) Section 903 of the Military Construction Authorization
Act, 1982
// 10 USC 140 //
(Public Law 97 - 99; 95 Stat. 1382).
IN FOREIGN
COUNTRIES
Sec. 8. (a) Subsection (a) of section 2675 of title 10, United
States Code, is amended to read as follows:
"(a) The Secretary of a military department may acquire by lease in
foreign countries structures and real property relating to structures
that are needed for military purposes other than for military family
housing. A lease under this section may be for a period of up to five
years, and the rental for each yearly period may be paid from funds
appropriated to that military department for that year.".
(b) Subsection (b) of such section is amended--,
(1) by striking out "or any other provisions of law"; and
(2) by striking out ", family housing facilities,".
(c) Subsections (c) and (d) of such section are repealed.
Sec. 9. // 7 USC 1704c. // (a) The Secretary of Defense shall pay to
the Commodity Credit Corporation an amount not to exceed $6,000,000 per
year until the amount due for foreign currencies used for housing
constructed or acquired under title II of the Agricultural Trade
Development and Assistance Act of 1954 (7 U.S.C. 1721 - 1726) has been
liquidated.
(b) // 42 USC 1594k // The Secretary of Defense may continue in
effect any agreement guaranteeing rental returns to builders or other
sponsors of family housing in foreign countries that was made under
section 507 of the Military Construction Authorization Act, 1964 (42 U.
S.C. 1594k), before the effective date of this Act and may exercise any
option of the United States in any such agreement that has not been
exercised before such date.
Sec. 10. (a)(1) The table of sections at the beginning of chapter
131 of title 10, United States Code, is amended by striking out the item
relating to section 2212.
(2) Section 2233(e) of such title is amended by striking out "advance
planning, construction design, and architectural services" and inserting
in lieu thereof "architectural and engineering services and construction
design".
(3) Section 2388(c) of title 10, United States Code, is amended by
striking out "section 4774(d) or 9774(d) of this title, section 529 of
title 31, or section 259 or 267 of title 40," and inserting in lieu
thereof "section 3648 of the Revised Statutes (31 U.S.C. 529)".
(4) The table of sections at the beginning of chapter 159 of such
title is amended by striking out the items relating to sections 2661,
2673, 2674, 2678, 2681, 2684, 2686, and 2688.
(5)(A) Section 2677 of such title // 10 USC 2677. // is amended by
striking out "per centum" in subsection (b) and inserting in lieu
thereof "percent".
(B) The heading of such section is amended to read as follows:
Section 2677. Options: property required for military construction
projects"
(C) The item relating to such section in the table of sections at the
beginning of chapter 159 of such title is amended to read as follows:
"2677. Options: property required for military construction
projects.".
(6) Section 2775(c) of such title // 10 USC 2775. // is amended by
striking out "family" and all that follows through "1594a-1" and
inserting in lieu thereof " Military Family Housing Management Account
provided for in section 2831 of this title".
(7) Section 2682 of such title // 10 USC 2682. // is amended by
striking out "construction" and all that follows through "extension" and
inserting in lieu thereof "maintenance and repair".
(8) Section 2687(d)(1) of such title // 10 USC 2687. // is amended
by striking out the matter preceding clause (A) and inserting in lieu
thereof the following:
"(1) ' Military installation' means a base, camp, post,
station, yard, center, or other activity under the jurisdiction of
the Secretary of a military department--,".
(9)(A) The table of sections at the beginning of chapter 449 of such
title is amended by striking out the item relating to section 4774.
(B) The table of sections at the beginning of chapter 949 of such
title is amended by striking out the item relating to section 9774.
(b)(1) Section 305(a) of the Defense Housing and Community Facilities
and Services Act of 1951 (42 U.S.C. 1592d(a)) is amended by striking out
"sections 1136 and" and inserting in lieu thereof "section".
(2) Section 402(7) of the Domestic Volunteer Service Act of 1973 (42
U.S.C. 5042(7)) is amended by striking out "(without regard to the
provisions of section 4774(d) of title 10, United States Code),".
(3) Section 3 of the Act entitled " An Act to assist in the internal
development of the Virgin Islands by the undertaking of useful projects
therein, and for other purposes", approved December 20, 1944 (48 U.S.C.
1409b), // 58 Stat. 829. 48 USC 1409b // is amended--,
(A) by striking out "secs. 1136, as amended, and" and inserting
in lieu thereof "section"; and
(B) by striking out "sections 355, as amended, and 1136, as
amended," and inserting in lieu thereof "section 355".
(4) The Act entitled " An Act to authorize the Secretary of the Air
Force to establish land-based air warning and control installations for
the national security, and for other purposes", approved March 30, 1949
(50 U.S.C. 491), // 63 Stat. 17. 50 USC 491 // is amended by striking
out "sections 1136, 3648, 3734, Revised Statutes" and inserting in lieu
thereof "section 3648 of the Revised Statutes (31 U.S.C. 529)".
(5) Section 40 of the Act of August 10, 1956 (31 U.S.C. 649c), is
amended by striking out "and the construction of public works".
TO BE
SPECIFIED BY LAW
Sec. 11. // 10 USC 2828 // During the period beginning on October 1,
1982, and ending on the date of the enactment of the Military
Construction Authorization Act for fiscal year 1984 or October 1, 1983,
whichever is later, the following amounts apply:
(1) The maximum amount for an unspecified minor military
construction project under section 2805 of title 10, United States
Code, is $1,000,000.
(2) The amount of a contract for architectural and engineering
services or construction design that makes such a contract subject
to the reporting requirement under section 2807 of title 10,
United States Code, is $300,000.
(3) The maximum amount per unit for an improvement project for
family housing units under section 2825 of title 10, United States
Code is $30,000.
(4) The maximum annual rental for a family housing unit leased
in the United States, Puerto Rico, or Guam under section 2828(b)
of title 10, United States Code, is $6,000.
(5)(A) The maximum annual rental for a family housing unit
leased in a foreign country under section 2828(c) of title 10,
United States Code, is $16,800.
(B) The maximum number of family housing units that may be
leased at any one time in foreign countries under section 2828(c)
of title 10, United States Code, is 29,000.
(6) The maximum rental per year for family housing facilities,
or for real property related to family housing facilities, leased
in a foreign country under section 2828(f) of title 10, United
States Code, is $250,000.
Sec. 12. (a) // 10 USC 2801 note. // Except as provided in
subsection (b), the amendments made by this Act shall take effect on
October 1, 1982, and shall apply to military construction projects, and
to construction and acquistion of military family housing, authorized
before, on, or after such date.
(b) The amendment made by section 4 shall apply with respect to funds
appropriated for fiscal years beginning after September 30, 1983.
Approved July 12, 1982.
LEGISLATIVE HISTORY-H.R. 6451 (S. 2645):
HOUSE REPORT No. 97 - 612 (Comm. on Armed Services).
SENATE REPORT No. 97 - 474 accompanying S. 2645 (Comm. on Armed
Services).
CONGRESSIONAL RECORD, Vol. 128 (1982):
June 21, considered and passed House.
June 30, considered and passed Senate.
PUBLIC LAW 97-213, 96 STAT. 150
compact between the States of
Mississippi and Louisiana establishing a commission
to study the feasibility of
rapid rail transit service between the two States.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Congress
consents to the compact entered into between the States of Mississippi
and Louisiana establishing a commission to study the feasibility of
providing rapid rail transit service between the two States, which
compact was approved on April 23, 1981, by the State of Mississippi, and
was approved on July 15, 1980, and approved as amended on July 7, 1981,
by the State of Louisiana. Such compact is as follows:
" The purpose of this compact is to study the feasibility of rapid
rail transit service between the States of Mississippi and Louisiana and
to establish a joint interstate commission to assist in this effort.
" This compact shall become effective immediately as to the States
ratifying it whenever the States of Louisiana and Mississippi have
ratified it and Congress has given consent thereto. Any State not
mentioned in this article which is contiguous with any member State may
become a party to this compact, subject to approval by the legislature
of each of the member States.
" The States which are parties to this compact (hereinafter referred
to as 'party States') do hereby establish and create a joint agency
which shall be known as the Mississippi-Louisiana Rapid Rail Transit
Commission (hereinafter referred to as the 'commission'). The membership
of such commission shall consist of the Governor of each party State,
one representative each from the Mississippi Energy and Transportation
Board, or its successor, and the Office of Aviation and Public
Transportation of the Louisiana Department of Transportation and
Development, or its successor, and five other citizens of each party
State to be appointed by the Governor thereof. The appointive members
of the commission shall serve for terms of four years each. Vacancies
on the commission shall be filled by appointment by the Governor for the
unexpired portion of the term. The members of the commission shall not
be compensated for service on the commission, but each of the appointed
members shall be entitled to actual and reasonable expenses incurred in
attending meetings or incurred otherwise in the performance of his
duties as a member of the commission. The members of the commission
shall hold regular quarterly meetings and such special meetings as its
business may require. They shall choose annually a chairman and vice
chairman from among their members, and the chairmanship shall rotate
each year among the party States in order of their acceptance of this
compact. The commission shall adopt rules and regulations for the
transaction of its business and a record shall be kept of all its
business. It shall be the duty of the commission to study the
feasibility of providing interstate rapid rail transit service between
the party States. Toward this end, the commission shall have power to
hold hearings; to conduct studies and surveys of all problems,
benefits, and other matters associated with such service, and to make
reports thereon; to acquire, by gift, grant, or otherwise, from local,
State, Federal, or private sources such money or property as may be
provided for the proper performance of their function, and to hold and
dispose of same; to cooperate with other public or private groups,
whether local, State, regional, or national, having an interest in such
service; to formulate and execute plans and policies for emphasizing
the purpose of this compact before the Congress of the United States and
other appropriate officers and agencies of the United States; and to
exercise such other powers as may be appropriate to enable it to
accomplish its functions and duties and to carry out the purposes of
this compact.
" Each party State agrees that its legislature may, in its
discretion, from time to time make available and pay over to the
commission funds for the establishment and operation of the commission.
The contribution of each party State shall be in equal amounts, if
possible, but nothing in this article shall be construed as binding the
legislature of either State to make an appropriation of a set amount of
funds at any particular time.
" Nothing in this compact shall be construed so as to conflict with
any existing statute, or to limit the powers of any party State, or to
repeal or prevent legislation, or to affect any existing or future
cooperative arrangement or relationship between any Federal agency and a
party State.
"(1) This compact shall continue in force and remain binding upon
each party State until the legislature or Governor of each or either
State takes action to withdraw therefrom. However, any such withdrawal
shall not become effective until six months after the date of the action
taken by the legislature or Governor. Notice of such action shall be
given to the other party State or States by the Secretary of State of
the party State which takes such action.
"(2) There is hereby granted to the Governor, to the members of the
commission for Louisiana, and to the compact administrator all the
powers provided for in this compact and in this section. All officers
of the State of Mississippi/ Louisiana are hereby authorized and
directed to do all things falling within their respective jurisdictions
which are necessary or incidental to carrying out the purpose of the
compact.".
Sec. 2. Nothing contained in the compact described in the first
section of this Act shall be construed as impairing or in any manner
affecting any right or jurisdiction of the United States in or over the
region which forms the subject of the compact.
Sec. 3. The right to alter, amend, or repeal this Act is expressly
reserved.
Approved June 30, 1982.
LEGISLATIVE HISTORY-H.R. 4903:
HOUSE REPORT No. 97 - 584 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 128 (1982):
June 7, considered and passed House.
June 24, considered and passed Senate.
PUBLIC LAW 97-212, 96 STAT. 143
Fund established to
compensate commercial fishermen for damages resulting
from oil and gas exploration,
development, and production in areas of the Outer
Continental Shelf.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. DEFINITIONS.
Section 401 of the Outer Continental Shelf Lands Act Amendments of
1978 (43 U.S.C. 1841) is amended as follows:
(1) renumber paragraphs (1) through (7) as paragraphs (2)
through (8); and
(2) insert immediately before paragraph (2), as renumbered, the
following:
"(1) 'area affected by Outer Continental Shelf activities'
means any geographic area:
Continental
Shelf;
development
or production activities have been permitted, except
geophysical activities;
rights-of--,
way and easements, Outer Continental Shelf supply
vessel
routes, or other areas as determined by the
Secretary;".
SECTION 2. ESTABLISHMENT AND OPERATION OF FUND.
Section 402 of the Outer Continental Shelf Lands Act Amendments of
1978 (43 U.S.C. 1842) is amended to read as follows:
COLLECTION
" Sec. 402. (a)(1) There is established in the Treasury of the
United States a Fishermen's Contingency Fund. The Fund shall be
available to the Secretary without fiscal year limitations as a
revolving fund for the purpose of making payments pursuant to this
section. The Fund shall consist of--,
"(A) revenues received from investments made under paragraph
(3);
"(B) amounts collected under subsection (b); and
"(C) amounts recovered by the Secretary under section 405(h)(
2).
The total amount in the Fund that is collected under subsection (b) may
at no time exceed $2,000,000; and the total amount in the Fund which is
attributable to revenue received under paragraph (3) or recovered by the
Secretary under section 405(h)(2) shall be expended prior to amounts
collected under subsection (b). Not more than 8 percent of the total
amount in the Fund may be expended in any fiscal year for paying the
administrative and personnel expenses referred to in paragraph (2)( A).
"(2) The Fund shall be available, as provided for in appropriation
Acts solely for the payment of--,
"(A) the personnel and administrative expenses incurred in
carrying out this title;
"(B) any claim, in accordance with procedures established under
this section, for damages that are compensable under this title;
and
"(C) attorney and other fees awarded under section 405(e) with
respect to any such claim.
"(3) Sums in the Fund that are not currently needed for the purposes
of the Fund shall be kept on deposit in appropriate interest--, bearing
accounts that shall be established by the Secretary of the Treasury or
invested in obligations of, or guaranteed by, the United States. Any
revenue accruing from such deposits and investments shall be deposited
into the Fund.
"(4) The Fund may sue and be sued in its own name. All litigation by
or against the Fund shall be referred to the Attorney General.
"(b)(1) Except as provided in paragraph (2), each holder of a lease
that is issued or maintained under the Outer Continental Shelf Lands Act
and each holder of an exploration permit, or an easement or right-of-way
for the construction of a pipeline in any area of the Outer Continental
Shelf, shall pay an amount specified by the Secretary. The Secretary of
the Interior shall collect such amount and deposit it into the Fund. In
any calendar year, no holder of a lease, permit, easement, or
right-of-way shall be required to pay an amount in excess of $5,000 per
lease, permit, easement, or right-of--, way.
"(2) Payments may not be required under paragraph (1) by the
Secretary of the Interior with respect to geological permits and
geophysical permits, other than prelease exploratory drilling permits
issued under section 11 of the Outer Continental Shelf Lands Act (43 U.
S.C. 1340).".
SEC. 3. ADMINISTRATION OF CLAIMS.
Section 403(c) of such amendments of 1978 (43 U.S.C. 1843(c)) is
amended as follows:
(1) Paragraph (1) is amended to read as follows:
"(c)(1) Payments shall be disbursed by the Secretary from the Fund to
compensate commercial fishermen for actual and consequential damages,
including resulting economic loss, due to damages to, or loss of,
fishing gear by materials, equipment, tools, containers, or other items
associated with Outer Continental Shelf oil and gas exploration,
development, or production activities. The compensation payable under
this section for resulting economic loss shall be an amount equal to 25
per centum of such loss. For purposes of this subsection, the term
'resulting economic loss' means the gross income, as estimated by the
Secretary, that a commercial fisherman who is eligible for compensation
under this section will lose by reason of not being able to engage in
fishing, or having to reduce his fishing effort, during the period
before the damaged or lost fishing gear concerned is repaired or
replaced and available for use.".
(2) Paragraph (2) is amended--,
as
subparagraphs (A), (B), and (C), respectively,
subparagraph
(C) (as so redesignated),
(D)
(as so redesignated) and inserting in lieu thereof
"received,
or will receive,".
SEC. 4. BURDEN OF PROOF.
Section 404 of such amendments of 1978 (43 U.S.C. 1844) is amended--,
(1) by amending the matter appearing before paragraph (1) to
read as follows: " With respect to any claim for damages filed
under this title, there shall be a presumption that such damages
were due to activities related to oil and gas exploration,
development, or production if the claimant establishes that-";
(2) by striking out "five days after the date on which such
damages were discovered;" in paragraph (2) and inserting in lieu
thereof "fifteen days after the date on which the vessel first
returns to a port after discovering such damages;"; and
(3) by amending paragraph (3) to read as follows: "there was
no record on the latest nautical charts or Notice to Mariners in
effect at least 15 days prior to the date such damages were
sustained that such material, equipment, tool, container, or other
item existed where such damages occurred, except that in the case
of damages caused by a pipeline, the presumption established by
this section shall obtain whether or not there was any such record
of the pipeline on the damage date; and".
SEC. 5. CLAIMS PROCEDURE.
Section 405 of such amendments of 1978 (43 U.S.C. 1845) is amended as
follows:
(1) Subsection (b) is amended to read as follows:
"(b) Upon receipt of any claim under this section, the Secretary
shall transmit a copy of the claim to the Secretary of the Interior and
shall take such further action regarding the claim that is required
under subsection (d).".
(2) Subsection (c) is amended by striking out "hearing" and
inserting in lieu thereof "proceeding".
(3) Subsection (d) is amended to read as follows:
"(d)(1) The Secretary shall, under regulations prescribed pursuant to
section 403(a), // 43 USC 1843. // specify the form and manner in which
claims must be filed.
"(2) The Secretary may not accept any claim that does not meet the
filing requirements specified under paragraph (1), and shall give a
claimant whose claim is not accepted written notice of the reasons for
nonacceptance. Such written notice must be given to the claimant within
30 days after the date on which the claim was filed and if the claimant
does not refile an acceptable claim within 30 days after the date of
such written notice, the claimant is not eligible for compensation under
this title for the damages concerned; except that the Secretary--,
"(A) shall in any case involving a good faith effort by the
claimant to meet such filing requirements, or
"(B) may in any case involving extenuating circumstances,
accept a claim that does not meet the 30-day refiling requirement.
"(3)(A) The Secretary shall make an initial determination with
respect to the claim within 60 days after the day on which the claim is
accepted for filing. Within 30 days after the day on which the
Secretary issues an initial determination on a claim, the claimant, or
any other interested person who submitted evidence relating to the
initial determination, may petition the Secretary for a review of that
determination.
"(B) If a petition for the review of an initial determination is not
filed with the Secretary within the 30-day period provided under
subparagraph (A), the initial determination shall thereafter be treated
as a final determination by the Secretary on the claim involved.
"(C) If a petition for review of an initial determination is timely
filed under subparagraph (A), the Secretary shall allow the petitioner
30 days after the day on which the petition is received to submit
written or oral evidence relating to the initial determination. The
Secretary shall then undertake such review and, on the basis of such
review, issue a final determination no later than the 60th day after the
day on which the Secretary received the petition for review of an
initial determination.".
(4) Subsection (e) is amended to read as follows:
"(e) If the decision of the Secretary under subsection (d) is in
favor of the commercial fisherman filing the claim, the Secretary, as a
part of the amount awarded, shall include reasonable claim preparation
fees and reasonable attorney's fees, if any, incurred by the claimant in
pursuing the claim.".
(5) Subsection (f) is amended by striking out "hearing
examiner" each place it appears therein and inserting in lieu
thereof "the Secretary", and by striking out "hearing" each place
it appears therein and inserting in lieu thereof "proceeding".
(6) Subsection (g) is amended to read as follows:
"(g) Any proceeding conducted with respect to an initial
determination on a claim under subsection (d)(3)(A) shall be conducted
within such United States judicial district as may be mutually agreeable
to the claimant and the Secretary or, if no agreement can be reached,
within the United States judicial district in which the home port of the
claimant is located.".
(7) Subsection (h) is amended--,
"(h)(1) The amount awarded in an initial determination by the
Secretary under subsection (d) shall be immediately disbursed, subject
to the limitations of this section, by the Secretary if the claimant--,
"(A) states in writing that he will not petition for review of
the initial determination; and
"(B) enters into an agreement with the Secretary to repay to
the Secretary all or any part of the amount of the award if, after
review under subsection (d)(3)(C) or, if applicable, after
judicial review, the amount of the award, or any part thereof, is
not sustained."; and
the
Secretary through subrogation shall be deposited into
the
Fund.".
(8) Subsection (i) is amended to read as follows:
"(i) Any claimant or other person who suffers a legal wrong or who is
adversely affected or aggrieved by a final determination of the
Secretary under subsection (d), may, no later than 30 days after such
determination is made, seek judicial review of the determination in the
United States district court for such United States judicial district as
may be mutually agreeable to the parties concerned or, if no agreement
can be reached, in the United States district court for the United
States judicial district in which is located the home port of the
claimant.".
SEC. 6. SURVEY OF OBSTRUCTIONS.
(a) Section 407 of the Outer Continental Shelf Lands Act Amendments
of 1978 (43 U.S.C. 1847) is repealed.
(b) The table of contents of the Outer Continental Shelf Lands Act
Amendments of 1978 is amended by striking:
"1847. Survey of obstructions on the Outer Continental Shelf.".
SEC. 7. REGULATIONS IMPLEMENTING THIS ACT.
Section 403(a)(1) of the Outer Continental Shelf Lands Act Amendments
of 1978 (43 U.S.C. 1843(a)(1)) is amended by striking out "claims; and"
and inserting in lieu thereof "claims (except that, notwithstanding any
other provision of law, final regulations implementing the 1981
amendments to this title shall be published in the Federal Register
within 120 days after the date of the enactment of such amendments);
and".
SEC. 8. TECHNICAL AMENDMENT.
Section 401(3)(B) of the Outer Continental Shelf Lands Act Amendments
of 1978 (43 U.S.C. 1841(3)(B)) is amended by striking out "at sea".
SEC. 9. // 43 USC 1841 // EFFECTIVE DATE.
(a) Except as provided for in subsection (b), the amendments made by
this Act shall apply with respect to claims for damages that are filed,
on or after the date of the enactment of this Act, with the Secretary of
Commerce under section 405(a) of the Outer Continental Shelf Lands Act
Amendments of 1978. // 43 USC 1845. //
(b)(1) Any commercial fisherman who filed a claim with the Secretary
of Commerce for compensation under title IV of such amendments of 1978
before the date of the enactment of this Act // 43 USC 1841. // may, if
no decision on such claim was rendered under section 405(d) of such
title IV before such date of enactment, refile such claim with the
Secretary if the claimant notifies the Secretary in writing within
thirty days after notification under paragraph (2) of his eligibility to
refile the claim that he intends to so refile. If timely notification
of intent to refile is made under the preceding sentence, any action
pending with respect to the original claim shall be suspended pending
the refiling of the claim under paragraph (2) and, if such refiling is
timely made, such action shall be vacated.
(2) The Secretary shall notify each claimant eligible to refile a
claim under paragraph (1) of such eligibility within 10 days after the
date of enactment of this Act.
(3) A claim for which notification on intent to refile was timely
made under paragraph (1) must be refiled with the Secretary within the
thirty-day period after the date on which the regulations promulgated to
implement the amendments made by this Act become final or action shall
be resumed with respect to such claim without regard to the amendments
made by this Act.
(4) The amendments made by this Act shall apply with respect to any
claim that is refiled on a timely basis under paragraph (3).
SEC. 10. GOVERNING INTERNATIONAL FISHERY AGREEMENTS.
(a) Section 2 of the Fishery Conservation Zone Transition Act (16 U.
S.C. 1823 note) is amended--,
(1) by inserting "(a)" immediately before " Notwithstanding";
and
(2) by adding at the end thereof the following new subsection:
"(b) Notwithstanding such section 203--, // 16 USC 1823. //
"(1) the governing international fishery agreement referred to
in subsection (a)(5), as extended until July 1, 1983 pursuant to
the Diplomatic Notes referred to in the message to the Congress
from the President of the United States dated May 11, 1982, is
hereby approved by the Congress as a governing international
fishery agreement for the purposes of such Act of 1976;
"(2) the governing international fishery agreement between the
American Institute in Taiwan and the Coordination Council for
North American Affairs, as contained in the message to the House
of Representatives and the Senate from the Secretary of State
dated June 15, 1982, is hereby approved by the Congress as a
governing international fishery agreement for the purposes of the
Act of 1976; and
"(3) the governing international fishery agreement referred to
in subsection (a)(6), as extended until July 1, 1983 pursuant to
the Diplomatic Notes referred to in the message to the Congress
from the President of the United States dated June 21, 1982, is
hereby approved by the Congress as a governing international
fishery agreement for the purposes of such Act of 1976.
Each such governing international fishery agreement shall enter into
force and effect with respect to the United States on July 1, 1982.".
(b) Notwithstanding any provision of the Act // 16 USC 1823 //
entitled " An Act for the conservation and management of the fisheries,
and for other purposes", dated April 13, 1976 (16 U.S.C. 1801 et seq.),
the governing international fishery agreements referred to in section
2(a) (9) and (10) of the Fishery Conservation Zone Transition Act // 16
USC 1823 // shall be extended, and shall be in force and effect with
respect to the United States, for the period of time ending on--,
(1) the deadline for completion of Congressional review, pursuant to
section 203(a) of such 1976 Act, // 16 USC 1823. // of any new
governing international fishery agreement signed, on or before July 31,
1982, by the United States and the respective foreign government that is
a party to the agreement in question; or
(2) July 31, 1982, if the United States and the respective foreign
government that is a party to the agreement in question fail to sign a
new governing international fishery agreement on or before that date.
Approved June 30, 1982.
LEGISLATIVE HISTORY h.r. 3816:
HOUSE REPORT No. 97 - 354 (Comm. on Merchant Marine and Fisheries).
CONGRESSIONAL RECORD:
Vol. 127 (1981): Dec. 15, considered and passed House.
Vol. 128 (1982): June 23, considered and passed Senate,
amended. June 24, House concurred in Senate amendments with an
amendment. June 29, Senate concurred in House amendments.
PUBLIC LAW 97-211, 96 STAT. 141
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1. That certain lands known as North Cudjoe Key, Monroe
County, Florida, which comprise approximately seventy--, three acres,
will be designated for purposes of the Wilderness Act (16 U.S.C. 1131 -
1136) as wilderness at the time those lands are included in the National
Wildlife Refuge System, and shall become part of the existing " Florida
Keys Wilderness".
Sec. 2. That notwithstanding any other provision of law, on the date
that certain lands referred to as Raccoon Key, Florida, comprising
approximately twenty-five acres, and depicted on a map entitled "
Florida Keys Wilderness and Great White Heron National Wildlife Refuge
(West Part)" dated July 1975, are excluded from the National Wildlife
Refuge System, they shall be excluded from the National Wilderness
Preservation System.
Sec. 3. As soon as practical after this Act takes effect, the
Secretary of the Interior shall file a map and legal description of the
Florida Keys Wilderness with the Committee on Energy and Natural
Resources of the Senate and the Interior and Insular Affairs Committee
of the House of Representatives and such map and 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 description and map may be made. A map and legal description of
the Florida Keys Wilderness shall be on file and available for public
inspection in the Office of the Director, Fish and Wildlife Service,
Department of the Interior.
Sec. 4. The lands designated by this Act as the Florida Keys
Wilderness shall be administered in accordance with the applicable
provisions of the Wilderness Act // 16 USC 1101 // governing areas
designated by that Act as wilderness areas, except 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 this Act and, where
appropriate, any reference to the Secretary of Agriculture shall be
deemed to be a reference to the Secretary of the Interior.
Approved June 30, 1982.
LEGISLATIVE HISTORY-S. 1519:
HOUSE REPORT No. 97 - 599 (Comm. on Interior and Insular Affairs).
SENATE REPORT No. 97 - 377 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 128 (1982):
May 10, considered and passed Senate.
June 21, considered and passed House.
PUBLIC LAW 97-210, 96 STAT. 140
in June 1982 as
" National NCO/ Petty Officer Week".
Whereas the noncommissioned officers and petty officers of the Army,
Air Force, and Marine Corps and the petty officers of the Navy and the
Coast Guard have been regarded as the backbone of the Armed Forces of
the United States for more than two hundred years;
Whereas noncommissioned officers and petty officers continue to be
the recruiters, trainers, and noncommissioned leaders of the men and
women who join the Armed Forces of the United States;
Whereas the noncommissioned officers' and petty officers' spirit and
devotion to duty is epitomized in the long list of recipients of the
Medal of Honor and other decorations of personal valor;
Whereas noncommissioned officers and petty officers have made great
sacrifices during their service to this Nation;
Whereas the recent shortage of such officers serving on active duty
has highlighted their value to the Nation and its military forces; and
Whereas it is fitting and proper to recognize the significant
contributions made by all noncommissioned officers and petty officers of
the Armed Forces of the United States to the freedom and defense of this
Nation: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the week commencing with
the fourth Monday in June 1982 is designated as " National NCO/ Petty
Officer Week", and the President is authorized and requested to issue a
proclamation calling upon the people of the United States and interested
groups and organizations to set aside that week to honor past and
present noncommissioned officers and petty officers of the Armed Forces
of the United States in an appropriate manner.
Approved June 30, 1982.
LEGISLATIVE HISTORY-H.J. Res. 518 (S.J. Res. 161):
CONGRESSIONAL RECORD, Vol. 128 (1982):
June 24, considered and passed House and Senate.
PUBLIC LAW 97-209, 96 STAT. 139
allow Doctor Semyon Gluzman
and his family to emigrate to Israel.
Whereas the reputation of Doctor Semyon Gluzman as a physician of
outstanding psychiatric medical ability spread throughout the Soviet
Union to the consternation of Soviet leaders;
Whereas Doctor Gluzman refused to cooperate with the KGB in
certifying human rights advocates as mentally ill;
Whereas, subsequently, the doctor was arrested on charges of being a
Zionist propagandist and an anti-Soviet agitator and found guilty and
sentenced to prison for seven years, to be followed by three years in
exile on October 19, 1972;
Whereas Doctor Gluzman's family received an invitation to join
relatives in Israel; and
Whereas, for humanitarian and medical reasons, Doctor Semyon Gluzman
should be freed from exile and allowed to emigrate with his family to
the State of Israel: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That President Leonid Brezhnev
of the Union of Soviet Socialist Republics authorize the immediate
release of Doctor Semyon Gluzman from exile and grant permission for him
and his family to emigrate to Israel.
Sec. 2. A copy of this resolution shall be forwarded to the
Secretary of State of the United States of America for conveyance to
President Leonid Brezhnev of the Union of Soviet Socialist Republics.
Approved June 30, 1982.
LEGISLATIVE HISTORY-H.J. Res. 230:
CONGRESSIONAL RECORD, Vol. 128 (1982:
May 4, considered and passed House.
June 21, considered and passed Senate.
PUBLIC LAW 97-208, 96 STAT. 138
Lebanon.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That chapter 9 of part I
of the Foreign Assistance Act of 1961 is amended by adding at the end
thereof the following new section:
" Sec. 495 J. // 22 USC 2292p. // Lebanon Emergency Relief,
Rehabilitation, and Reconstruction Assistance.-(a) The Congress
recognizes that prompt United States assistance is necessary to
alleviate the human suffering and resettlement needs of the innocent
victims of recent strife in Lebanon. Therefore, the President is
authorized to furnish assistance, on such terms and conditions as he may
determine, for the relief, rehabilitation, and reconstruction needs of
such victims. Assistance provided under this section shall emphasize the
provision of food, medicine, clothing, shelter, and water supply
systems, and similar efforts to ameliorate the suffering of the people
in Lebanon.
"(b) In addition to amounts otherwise available for such purpose,
there is authorized to be appropriated to the President $50,000,000 to
carry out this section. Amounts appropriated under this subsection are
authorized to remain available until expended.
"(c) Assistance under this section // 22 USC 2292. // shall be
furnished in accordance with the policies and general authorities
contained in section 491.".
Approved June 30, 1982.
LEGISLATIVE HISTORY-H.R. 6631:
HOUSE REPORT No. 97 - 622 (Comm. on Foreign Affairs.)
CONGRESSIONAL RECORD, Vol. 128 (1982):
June 23, considered and passed House.
June 24, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 18, No. 26 (1982):
June 30, Presidential statement.
PUBLIC LAW 97-207, 96 STAT. 137
in Hartford, Connecticut, as the
" William R. Cotter Federal Building".
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the building at 135
High Street, Hartford, Connecticut (commonly known as the High Street
Post Office), shall hereafter be known, called, and designated as the "
William R. Cotter Federal Building". Any reference in any law, map,
regulation, document, record, or other paper of the United States to
such building shall be deemed to be a reference to the William R. Cotter
Federal Building.
Approved June 30, 1982.
LEGISLATIVE HISTORY-H.R. 4569:
HOUSE REPORT No. 97 - 323 (Comm. on Public Works and Transportation).
CONGRESSIONAL RECORD:
Vol. 127 (1981): Nov. 16, considered and passed House.
Vol. 128 (1982): June 24, considered and passed Senate.
PUBLIC LAW 97-206, 96 STAT. 136
increase the number of turkeys
which may be slaughtered and processed without
inspection under such Act, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 15(c)(3) of
the Poultry Products Inspection Act (21 U.S.C. 464(c)(3)) is amended by
striking out "slaughters" and all that follows and inserting in lieu
thereof the following: ", in the current calendar year--,
"(A) slaughters or processes the products of more than 20,000
poultry; or
"(B) slaughters or processes the products of poultry at a
facility used for slaughtering or processing of the products of
poultry by any other poultry producer or person.
Notwithstanding clause (B), the Secretary may grant such exemption to
any poultry producer or other person if the Secretary determines, upon
application of such poultry producer or other person, that granting such
exemption will not impair effectuating the purposes of this Act.".
Sec. 2. Section 15(c)(4) of the Poultry Products Inspection Act (21
U.S.C. 464(c)(4)) is amended by striking out all of clause lettered (i)
and inserting in lieu thereof the following: "(i) such producers
slaughter not more than 1,000 poultry during the calendar year for which
this exemption is being determined;".
Approved June 30, 1982.
LEGISLATIVE HISTORY-H.R. 3863:
HOUSE REPORT No. 97 - 589 (Comm. on Agriculture).
CONGRESSIONAL RECORD, Vol. 128 (1982):
June 14, considered and passed House.
June 21, considered and passed Senate.
PUBLIC LAW 97-205, 96 STAT. 131, VOTING RIGHTS ACT, AMENDMENTS OF
1982
effect of certain provisions, 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 // 42 USC
1971 // may be cited as the " Voting Rights Act Amendments of 1982".
Sec. 2. (a) Subsection (a) of section 4 of the Voting Rights Act of
1965 // 42 USC 1973b. // is amended by striking out "seventeen years"
each place it appears and inserting in lieu thereof "nineteen years".
(b) Effective on and after August 5, 1984, subsection (a) of section
4 of the Voting Rights Act of 1965 is amended--,
(1) by inserting "(1)" after "(a)";
(2) by inserting "or in any political subdivision of such State
(as such subdivision existed on the date such determinations were
made with respect to such State), though such determinations were
not made with respect to such subdivision as a separate unit,"
before "or in any political subdivision with respect to which"
each place it appears;
(3) by striking out "in an action for a declaratory judgment"
the first place it appears and all that follows through "color
through the use of such tests or devices have occurred anywhere in
the territory of such plaintiff.", and inserting in lieu thereof
"issues a declaratory judgment under this section.";
(4) by striking out "in an action for a declaratory judgment"
the second place it appears and all that follows through "section
4(f)(2) through the use of tests or devices have occurred anywhere
in the territory of such plaintiff.", and inserting in lieu
thereof the following:
"issues a declaratory judgment under this section. A declaratory
judgment under this section shall issue only if such court determines
that during the ten years preceding the filing of the action, and during
the pendency of such action--,
"(A) no such test or device has been used within such State or
political subdivision for the purpose or with the effect of
denying or abridging the right to vote on account of race or color
or (in the case of a State or subdivision seeking a declaratory
judgment under the second sentence of this subsection) in
contravention of the guarantees of subsection (f)( 2);
"(B) no final judgment of any court of the United States, other
than the denial of declaratory judgment under this section, has
determined that denials or abridgements of the right to vote on
account of race or color have occurred anywhere in the territory
of such State or political subdivision or (in the case of a State
or subdivision seeking a declaratory judgment under the second
sentence of this subsection) that denials or abridgements of the
right to vote in contravention of the guarantees of subsection
(f)(2) have occurred anywhere in the territory of such State or
subdivision and no consent decree, settlement, or agreement has
been entered into resulting in any abandonment of a voting
practice challenged on such grounds; and no declaratory judgment
under this section shall be entered during the pendency of an
action commenced before the filing of an action under this section
and alleging such denials or abridgements of the right to vote;
"(C) no Federal examiners under this Act have been assigned to
such State or political subdivision;
"(D) such State or political subdivision and all governmental
units within its territory have complied with section 5 of this
Act,
// 42 USC 1973c. //
including compliance with the requirement that no change covered
by section 5 has been enforced without preclearance under section
5, and have repealed all changes covered by section 5 to which the
Attorney General has successfully objected or as to which the
United States District Court for the District of Columbia has
denied a declaratory judgment;
"(E) the Attorney General has not interposed any objection
(that has not been overturned by a final judgment of a court) and
no declaratory judgment has been denied under section 5, with
respect to any submission by or on behalf of the plaintiff or any
governmental unit within its territory under section 5, and no
such submissions or declaratory judgment actions are pending; and
"(F) such State or political subdivision and all governmental
units within its territory--,
electoral
process;
appointment
of minority persons as election officials throughout the
jurisdiction and at all stages of the election and
registration
process.
"(2) To assist the court in determining whether to issue a
declaratory judgment under this subsection, the plaintiff shall present
evidence of minority participation, including evidence of the levels of
minority group registration and voting, changes in such levels over
time, and disparities between minority-group and non-minority-group
participation.
"(3) No declaratory judgment shall issue under this subsection with
respect to such State or political subdivision if such plaintiff and
governmental units within its territory have, during the period
beginning ten years before the date the judgment is issued, engaged in
violations of any provision of the Constitution or laws of the United
States or any State or political subdivision with respect to
discrimination in voting on account of race or color or (in the case of
a State or subdivision seeking a declaratory judgment under the second
sentence of this subsection) in contravention of the guarantees of
subsection (f)(2) unless the plaintiff establishes that any such
violations were trivial, were promptly corrected, and were not repeated.
"(4) The State or political subdivision bringing such action shall
publicize the intended commencement and any proposed settlement of such
action in the media serving such State or political subdivision and in
appropriate United States post offices. Any aggrieved party may as of
right intervene at any stage in such action.";
(5) in the second paragraph--,
years
after judgment and shall reopen the action upon motion
of
the Attorney General or any aggrieved person alleging
that
conduct has occurred which, had that conduct occurred
during the ten-year periods referred to in this
subsection,
would have precluded the issuance of a declaratory
judgment
under this subsection. The court, upon such reopening,
shall vacate the declaratory judgment issued under this
section if, after the issuance of such declaratory
judgment,
a final judgment against the State or subdivision with
respect to which such declaratory judgment was issued,
or
against any governmental unit within that State or
subdivision,
determines that denials or abridgements of the right
to vote on account of race or color have occurred
anywhere
in the territory of such State or political
subdivision or (in
the case of a State or subdivision which sought a
declaratory
judgment under the second sentence of this subsection)
that denials or abridgements of the right to vote in
contravention
of the guarantees of subsection (f)(2) have occurred
anywhere in the territory of such State or
subdivision, or if,
after the issuance of such declaratory judgment, a
consent
decree, settlement, or agreement has been entered into
resulting in any abandonment of a voting practice
challenged
on such grounds."; and
(6) by striking out " If the Attorney General" the first place
it appears and all that follows through the end of such subsection
and inserting in lieu thereof the following:
"(6) If, after two years from the date of the filing of a declaratory
judgment under this subsection, no date has been set for a hearing in
such action, and that delay has not been the result of an avoidable
delay on the part of counsel for any party, the chief judge of the
United States District Court for the District of Columbia may request
the Judicial Council for the Circuit of the District of Columbia to
provide the necessary judicial resources to expedite any action filed
under this section. If such resources are unavailable within the
circuit, the chief judge shall file a certificate of necessity in
accordance with section 292(d) of title 28 of the United States Code.
"(7) The Congress shall reconsider the provisions of this section at
the end of the fifteen-year period following the effective date of the
amendments made by the Voting Rights Act Amendments of 1982.
"(8) The provisions of this section shall expire at the end of the
twenty-five-year period following the effective date of the amendments
made by the Voting Rights Act Amendments of 1982.
"(9) Nothing in this section shall prohibit the Attorney General from
consenting to an entry of judgment if based upon a showing of objective
and compelling evidence by the plaintiff, and upon investigation, he is
satisfied that the State or political subdivision has complied with the
requirements of section 4(a)(1). Any aggrieved party may as of right
intervene at any stage in such action.".
(c) Section 4(f)(4) of the Voting Rights Act of 1965 // 42 USC 1973b.
// is amended by inserting after "unwritten" in the proviso the
following: "or in the case of Alaskan Natives and American Indians, if
the predominate language is historically unwritten".
(d) Section 203(c) of such Act // 42 USC 1973aa-1a. // is amended by
inserting after " Natives" in the proviso the following: "and American
Indians".
Sec. 3. Section 2 of the Voting Rights Act of 1965 // 42 USC 1973.
// is amended to read as follows:
" Sec. 2. (a) No voting qualification or prerequisite to voting or
standard, practice, or procedure shall be imposed or applied by any
State or political subdivision in a manner which results in a denial or
abridgement of the right of any citizen of the United States to vote on
account of race or color, or in contravention of the guarantees set
forth in section 4(f)(2), // 42 USC 1973b. // as provided in subsection
(b).
"(b) A violation of subsection (a) is established if, based on the
totality of circumstances, it is shown that the political processes
leading to nomination or election in the State or political subdivision
are not equally open to participation by members of a class of citizens
protected by subsection (a) in that its members have less opportunity
than other members of the electorate to participate in the political
process and to elect representatives of their choice. The extent to
which members of a protected class have been elected to office in the
State or political subdivision is one circumstance which may be
considered: Provided, That nothing in this section establishes a right
to have members of a protected class elected in numbers equal to their
proportion in the population.".
Sec. 4. Section 203(b) of the Voting Rights Act of 1965 // 42 USC
1973aa-1a. // is amended by striking out " August 6, 1985" and
inserting in lieu thereof " August 6, 1992", and the extension made by
this section shall apply only to determinations made by the Director of
the Census under clause (i) of section 203(b) for members of a single
language minority who do not speak or understand English adequately
enough to participate in the electoral process when such a determination
can be made by the Director of the Census based on the 1980 and
subsequent census data.
Sec. 5. Effective January 1, 1984, title II of the Voting Rights Act
of 1965 is amended by adding at the end the following section:
" Sec. 208. // 42 USC 1973aa-6. // Any voter who requires assistance
to vote by reason of blindness, disability, or inability to read or
write may be given assistance by a person of the voter's choice, other
than the voter's employer or agent of that employer or officer or agent
of the voter's union.".
Sec. 6. Except as otherwise provided in this Act, // 42 USC 1973 //
the amendments made by this Act shall take effect on the date of the
enactment of this Act.
Approved June 29, 1982.
LEGISLATIVE HISTORY-H.R. 3112 (S. 1992):
HOUSE REPORTS No. 97 - 227 and Pt. 2 (Comm. on the Judiciary).
SENATE REPORT No. 97 - 417 accompanying S. 1992 (Comm. on the
Judiciary).
CONGRESSIONAL RECORD:
Vol. 127 (1981): Oct. 2, 5, considered and passed House.
Vol. 128 (1982): June 9, 10, 14 - 17. S. 1992 considered in
Senate. June 18, considered and passed Senate, amended, in lieu of
S. 1992. June 23, House concurred in Senate amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 18, No. 26 (1982):
June 29, 1982, Presidential statement.
PUBLIC LAW 97-204, 96 STAT. 130
limit.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That during the period
beginning on the date of the enactment of this Act // 31 USC 757b // and
ending on September 30, 1982, the public debt limit set forth in the
first sentence of section 21 of the Second Liberty Bond Act (31 U. S.C.
757b) shall be temporarily increased by $743,100,000,000 (and any other
provision of law providing for a temporary increase in such limit shall
not apply).
Approved June 28, 1982.
LEGISLATIVE HISTORY-H.J. Res. 519:
CONGRESSIONAL RECORD, Vol. 128 (1982):
June 23, considered and passed House and Senate.
PUBLIC LAW 97-203, 96 STAT. 129
building for the National
Museum of African Art and a center for Eastern art
together with structures for
related educational activities in the area south of the
original Smithsonian Institution
Building adjacent to Independence Avenue at Tenth
Street Southwest, in the
city of Washington.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Board of
Regents of the Smithsonian Institution is authorized to construct a
building for the National Museum of African Art and a center for Eastern
art together with structures for related educational activities in the
area south of the original Smithsonian Institution Building adjacent to
Independence Avenue at Tenth Street Southwest, in the city of
Washington.
Sec. 2. Effective October 1, 1982, there is authorized to be
appropriated to the Board of Regents of the Smithsonian Institution
$36,500,000 to carry out the purposes of this Act. // 20 USC 50 //
Except for funds obligated or expended for planning, administration, and
management expenses, and architectural or other consulting services, no
funds appropriated pursuant to this section shall be obligated or
expended until such time as there is available to such Board, from
private donations or from other non-Federal sources, a sum which, when
combined with the funds so appropriated, is sufficient to carry out the
purposes of this Act.
Sec. 3. Any portion of the sums appropriated to carry out the
purposes of this Act // 20 USC 50 // may be transferred to the General
Services Administration which, in consultation with the Smithsonian
Institution, is authorized to enter into contracts and take such other
action, to the extent of the sums so transferred to it, as may be
necessary to carry out such purposes.
Approved June 24, 1982.
LEGISLATIVE HISTORY-H.R. 5659 (S. 2102):
HOUSE REPORT No. 97 - 534 (Comm. on Public Works and Transportation).
SENATE REPORT No. 97 - 433 accompanying S. 2102 (Comm. on Rules and
Administration).
CONGRESSIONAL RECORD, Vol. 128 (1982):
June 3, considered and passed House.
June 9, considered and passed Senate.
PUBLIC LAW 97-202, 96 STAT. 128
Interior for services necessary to
the nonperforming arts functions of the John
F. Kennedy Center for the Performing
Arts, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That subsection (e) of
section 6 of the John F. Kennedy Center Act (Public Law 85 - 874, as
amended; 20 U.S.C. 761) // 20 USC 76l. // is amended by striking out
the period in the last sentence and adding in lieu thereof ", and not to
exceed $4,247,000 for the fiscal year ending September 30, 1983."
Approved June 24, 1982.
LEGISLATIVE HISTORY-H.R. 5566 (S. 2134):
HOUSE REPORT No. 97 - 531 (Comm. on Public Works and Transportation).
SENATE REPORT No. 97 - 458 accompanying S. 2134 (Comm. on Environment
and Public Works).
CONGRESSIONAL RECORD, Vol. 128 (1982):
June 3, considered and passed House.
June 9, considered and passed Senate.
PUBLIC LAW 97-201, 96 STAT. 126
of a specially struck gold
medal to Admiral Hyman George Rickover.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Congress finds
and declares that--,
(1) Admiral Hyman George Rickover has served his country for
sixty-three years with the highest distinction, with uncommon
dedication, and with great honor as an officer of the United
States Navy;
(2) Admiral Rickover has pioneered the development of nuclear
reactor technology for the propulsion of naval vessels, has
provided the expertise to construct the world's first true
submersible, and thereby has revolutionized the concepts of naval
warfare;
(3) with an unswerving faith in, and devotion to, the United
States of America, Admiral Rickover has contributed to the defense
of our Nation and to the peaceful development of nuclear reactor
technology for the world by developing and constructing the first
full-scale nuclear electrical generating plant in the United
States;
(4) Admiral Rickover has developed and maintained standards of
safety for the use of nuclear energy which have permitted the
continued safe operation of naval nuclear reactor plants from
their inception to the one hundred and sixty-one plants in
operation today; and
(5) Admiral Rickover has for many years provided the Congress
of the United States his uncompromising, independent, and candid
advice, and greatly assisted the Congress of the United States in
its deliberations on the issues of national defense, nuclear
energy, environmental protection, and other important matters.
Sec. 2. (a) The Speaker of the House of Representatives and the
President pro tempore of the Senate are authorized to present, on behalf
of the Congress, to Admiral Hyman George Rickover, a gold medal of
appropriate design in recognition of his distinguished service to the
United States and for his unique world-renowned contributions to the
development of safe nuclear energy and to the defense of the United
States of America. For such purpose, the Secretary of the Treasury is
authorized and directed to cause to be struck a gold medal with suitable
emblems, devices, and inscriptions to be determined by the Secretary of
the Treasury. There are authorized to be appropriated not to exceed
$22,000 to carry out the provisions of this subsection.
(b) The Secretary of the Treasury may cause duplicates in bronze of
such medal to be coined and sold under such regulations as he may
prescribe, at a price sufficient to cover the cost thereof, including
labor, materials, dies, use of machinery, overhead expenses, and the
gold medal. The appropriation used to carry out the provisions of
subsection (a) shall be reimbursed out of the proceeds of such sales.
(c) The medals provided for in this Act are national medals for the
purpose of section 3551 of the Revised Statutes (31 U.S.C. 368).
Approved June 23, 1982.
LEGISLATIVE HISTORY-H.R. 5432 (S. 2018):
CONGRESSIONAL RECORD, Vol. 128 (1982):
Jan. 28, 29, S. 2018 considered and passed Senate.
Apr. 27, considered and passed House.
June 9, considered and passed Senate.
PUBLIC LAW 97-200, 96 STAT. 122, INTELLIGENCE IDENTITIES PROTECTION
ACT OF 1982
the unauthorized disclosure
of information identifying certain United States
intelligence officers, agents,
informants, and sources.
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 // 50 USC 401 // as the " Intelligence Identities Protection Act
of 1982".
Sec. 2. (a) The National Security Act of 1947 is amended by adding
at the end thereof the following new title:
UNDERCOVER
INTELLIGENCE OFFICERS, AGENTS, INFORMANTS, AND
SOURCES
" Sec. 601. // 50 USC 421. // (a) Whoever, having or having had
authorized access to classified information that identifies a covert
agent, intentionally discloses any information identifying such covert
agent to any individual not authorized to receive classified
information, knowing that the information disclosed so identifies such
covert agent and that the United States is taking affirmative measures
to conceal such covert agent's intelligence relationship to the United
States, shall be fined not more than $50,000 or imprisoned not more than
ten years, or both.
"(b) Whoever, as a result of having authorized access to classified
information, learns the identity of a covert agent and intentionally
discloses any information identifying such covert agent to any
individual not authorized to receive classified information, knowing
that the information disclosed so identifies such covert agent and that
the United States is taking affirmative measures to conceal such covert
agent's intelligence relationship to the United States, shall be fined
not more than $25,000 or imprisoned not more than five years, or both.
"(c) Whoever, in the course of a pattern of activities intended to
identify and expose covert agents and with reason to believe that such
activities would impair or impede the foreign intelligence activities of
the United States, discloses any information that identifies an
individual as a covert agent to any individual not authorized to receive
classified information, knowing that the information disclosed so
identifies such individual and that the United States is taking
affirmative measures to conceal such individual's classified
intelligence relationship to the United States, shall be fined not more
than $15,000 or imprisoned not more than three years, or both.
" Sec. 602. // 50 USC 422. // (a) It is a defense to a prosecution
under section 601 that before the commission of the offense with which
the defendant is charged, the United States had publicly acknowledged or
revealed the intelligence relationship to the United States of the
individual the disclosure of whose intelligence relationship to the
United States is the basis for the prosecution.
"(b)(1) Subject to paragraph (2), no person other than a person
committing an offense under section 601 shall be subject to prosecution
under such section by virtue of section 2 or 4 of title 18, United
States Code, or shall be subject to prosecution for conspiracy to commit
an offense under such section.
"(2) Paragraph (1) shall not apply (A) in the case of a person who
acted in the course of a pattern of activities intended to identify and
expose covert agents and with reason to believe that such activities
would impair or impede the foreign intelligence activities of the United
States, or (B) in the case of a person who has authorized access to
classified information.
"(c) It shall not be an offense under section 601 to transmit
information described in such section directly to the Select Committee
on Intelligence of the Senate or to the Permanent Select Committee on
Intelligence of the House of Representatives.
"(d) It shall not be an offense under section 601 for an individual
to disclose information that solely identifies himself as a covert
agent.
" Sec. 603. // 50 USC 423. // (a) The President, after receiving
information from the Director of Central Intelligence, shall submit to
the Select Committee on Intelligence of the Senate and the Permanent
Select Committee on Intelligence of the House of Representatives an
annual report on measures to protect the identities of covert agents,
and on any other matter relevant to the protection of the identities of
covert agents.
"(b) The report described in subsection (a) shall be exempt from any
requirement for publication or disclosure. The first such report shall
be submitted no later than February 1, 1983.
" Sec. 604. // 50 USC 424. // There is jurisdiction over an offense
under section 601 committed outside the United States if the individual
committing the offense is a citizen of the United States or an alien
lawfully admitted to the United States for permanent residence (as
defined in section 101(a)(20) of the Immigration and Nationality Act).
// 8 USC 1101. //
" Sec. 605. // 50 USC 425. // Nothing in this title may be construed
as authority to withhold information from the Congress or from a
committee of either House of Congress.
" Sec. 606. // 50 USC 426. // For the purposes of this title:
"(1) The term 'classified information' means information or
material designated and clearly marked or clearly represented,
pursuant to the provisions of a statute or Executive order (or a
regulation or order issued pursuant to a statute or Executive
order), as requiring a specific degree of protection against
unauthorized disclosure for reasons of national security.
"(2) The term 'authorized', when used with respect to access to
classified information, means having authority, right, or
permission pursuant to the provisions of a statute, Executive
order, directive of the head of any department or agency engaged
in foreign intelligence or counterintelligence activities, order
of any United States court, or provisions of any Rule of the House
of Representatives or resolution of the Senate which assigns
responsibility within the respective House of Congress for the
oversight of intelligence activities.
"(3) The term 'disclose' means to communicate, provide, impart,
transmit, transfer, convey, publish, or otherwise make available.
"(4) The term 'covert agent' means--,
a
member of the Armed Forces assigned to duty with an
intelligence agency--,
relationship
to the United States is classified information, and--,
counterintelligence
or foreign counterterrorism components of the
Federal Bureau of Investigation; or
present
or former agent of, or a present or former informant or
source of operational assistance to, an intelligence
agency.
"(5) The term 'intelligence agency' means the Central
Intelligence Agency, a foreign intelligence component of the
Department of Defense, or the foreign counterintelligence or
foreign counterterrorism components of the Federal Bureau of
Investigation.
"(6) The term 'informant' means any individual who furnishes
information to an intelligence agency in the course of a
confidential relationship protecting the identity of such
individual from public disclosure.
"(7) The terms 'officer' and 'employee' have the meanings given
such terms by section 2104 and 2105, respectively, of title 5,
United States Code.
"(8) The term ' Armed Forces' means the Army, Navy, Air Force,
Marine Corps, and Coast Guard.
"(9) The term ' United States', when used in a geographic
sense, means all areas under the territorial sovereignty of the
United States and the Trust Territory of the Pacific Islands.
"(10) The term 'pattern of activities' requires a series of
acts with a common purpose or objective.".
(b) The table of contents at the beginning of such Act is amended by
adding at the end thereof the following:
INFORMATION
" Sec. 601. Protection of identities of certain United States
undercover intelligence officers, agents, informants, and sources.
" Sec. 602. Defenses and exceptions.
" Sec. 603. Report.
" Sec. 604. Extraterritorial jurisdiction.
" Sec. 605. Providing information to Congress
" Sec. 606. Definitions.".
Approved June 23, 1982.
LEGISLATIVE HISTORY-H.R. 4 (S. 391):
HOUSE REPORTS: No. 97 - 221 (Comm. on Intelligence) and No. 97 - 580
(Comm. of Conference).
SENATE REPORT No. 97 - 201 accompaning S. 391 (Comm. on the
Judiciary).
CONGRESSIONAL RECORD:
Vol. 127 (1981): Sept. 23, considered and passed House.
Vol. 128 (1982): Feb. 25, Mar. 1, 15 - 17, S. 391 considered
in Senate. Mar. 18, H.R. 4 considered and passed Senate, amended.
June 2, 3, House considered and agreed to conference report. June
10, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 18, No. 25 (1982):
June 23, Presidential statement.
PUBLIC LAW 97-199, 96 STAT. 121
provide for adjusting the rate of
interest paid on funds of the Smithsonian Institution
deposited with the Treasury
of the United States as a permanent loan.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 5590 of the
Revised Statutes (20 U.S.C. 54) be amended to read as follows:
" Sec. 5590. So much of the property of James Smithson as has been
received in money, and paid into the Treasury of the United States,
being the sum of $541,379.63, shall be lent to the United States
Treasury and invested in public debt securities with maturities
requested by the Smithsonian Institution bearing interest at rates
determined by the Secretary of the Treasury, based upon current market
yields on outstanding marketable obligations of the United States of
comparable maturities, and this interest is hereby appropriated for the
perpetual maintenance and support of the Smithsonian Institution; and
all expenditures and appropriations to be made, from time to time, to
the purposes of the Institution shall be exclusively from the accruing
interest, and not from the principal of the fund. All the moneys and
stocks which have been, or may hereafter be, received into the Treasury
of the United States, on account of the fund bequeathed by James
Smithson, are hereby pledged to refund to the Treasury of the United
States the sums hereby appropriated.".
Sec. 2. The amendment made by the first section // 20 USC 54 //
shall apply with respect to fiscal years beginning after September 30,
1982.
Approved June 22, 1982.
LEGISLATIVE HISTORY-H.R. 6132:
HOUSE REPORT No. 97 - 503 (Comm. on House Administration).
SENATE REPORT No. 97 - 438 (Comm. on Rules and Administration).
CONGRESSIONAL RECORD, Vol. 128 (1982):
May 10, considered and passed House.
June 9, considered and passed Senate.
PUBLIC LAW 97-198, 96 STAT. 120
Day".
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That, in honor of the important
role played by inventors in promoting progress in the useful arts and in
recognition of the invaluable contribution of inventors to the welfare
of our people, February 11, 1983, is hereby designated " National
Inventors' Day". The President is authorized and requested to issue a
proclamation calling upon the people of the United States to celebrate
such day with appropriate ceremonies and activities.
Approved June 21, 1982.
LEGISLATIVE HISTORY-S.J. Res. 140 (H.J. Res. 304):
CONGRESSIONAL RECORD, Vol. 128 (1982):
Feb. 10, H.J. Res. 304, considered and passed House.
Mar. 15, considered and passed Senate.
June 3, considered and passed House.
PUBLIC LAW 97-197, 96 STAT. 119
Airport the Omlie Tower.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the air traffic
control tower at the Memphis International Airport is designated and
shall hereafter be known as " Omlie Tower". Any reference in a law,
map, regulation, document, or other paper of the United States to such
control tower shall be held and considered to refer to " Omlie Tower".
Approved June 21, 1982.
LEGISLATIVE HISTORY-S. 896 (H.R. 3072):
HOUSE REPORT No. 97 - 517 accompanying H.R. 3072 (Comm. on Public
Works and Transportation).
CONGRESSIONAL RECORD:
Vol. 127 (1981): May 4, considered and passed Senate.
Vol. 128 (1982): June 7, H.R. 3072, considered and passed
House; passage vacated and S. 896, passed in lieu.
PUBLIC LAW 97-196, 96 STAT. 117
Whereas the people of the Baltic Republics of Lithuania, Latvia, and
Estonia have cherished the principles of religious and political freedom
and independence; and
Whereas the Baltic Republics have existed as independent, sovereign
nations, belonging to and fully recognized by the League of Nations;
and
Whereas the people of the Baltic Republics have individual and
separate cultures, national traditions and languages, distinctly foreign
to those of Russia; and
Whereas the Union of Soviet Socialist Republics (U.S.S.R.) in 1940
did illegally seize and occupy the Baltic Republics and by force
incorporate them against their national will and contrary to their
desire for independence and sovereignty into the U.S.S.R.; and
Whereas the U.S.S.R. since 1940 has systematically removed native
Baltic peoples from their homelands by deporting them to Siberia and
caused great masses of Russians to relocate in the Republics, thus
threatening the Baltic cultures with extinction; and
Whereas the U.S.S.R. has imposed upon the captive people of the
Baltic Republics an oppressive political system which has destroyed
every vestige of democracy, civil liberties, and religious freedom; and
Whereas the people of Lithuania, Latvia, and Estonia find themselves
today subjugated by the U.S.S.R., locked into a union they deplore,
denied basic human rights, and persecuted for daring to protest; and
Whereas the United States stands as a champion of liberty, dedicated
to the principles of democracy, human rights, and religious freedom, and
opposed to oppression; and
Whereas the United States, as a member of the United Nations, has
repeatedly voted with a majority of that international body to uphold
the right of other countries of the world to determine their fates and
be free of foreign domination; and
Whereas the U.S.S.R. has steadfastly refused to return to the people
of the Baltic States the right to exist as independent republics
separate and apart from the U.S.S.R. or permit a return of personal,
political, and religious freedoms: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the Congress of the United
States recognizes the continuing desire and the right of the people of
Lithuania, Latvia, and Estonia for freedom and independence from the
domination of the U.S.S.R. and deplores the refusal of the U. S.S.R. to
recognize the sovereignty of the Baltic Republics and to yield to their
rightful demands for independence from foreign domination and oppression
and that the fourteenth day of June 1982, the anniversary of the mass
deportation of Baltic peoples from their homelands in 1941, be
designated " Baltic Freedom Day" as a symbol of the solidarity of the
American people with the aspirations of the captive Baltic people and
that the President of the United States be authorized and requested to
issue a proclamation for the observance of Baltic Freedom Day with
appropriate ceremonies and activities.
Approved June 18, 1982.
LEGISLATIVE HISTORY-S.J. Res. 201:
CONGRESSIONAL RECORD, Vol. 128 (1982):
June 9, considered and passed Senate.
June 14, considered and passed House.
PUBLIC LAW 97-195, 96 STAT. 115
Economic Affairs.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) there shall be
in the Department of Commerce an Under Secretary of Commerce for
Economic Affairs who shall be appointed by the President by and with the
advice and consent of the Senate. // 15 USC 1503a. // The Under
Secretary shall perform such duties as the Secretary of Commerce shall
prescribe.
(b)(1) Section 5314 of title 5, United States Code, is amended by
inserting before "and Under" in the item relating to the Under
Secretaries of Commerce: ", Under Secretary of Commerce for Economic
Affairs,".
(2) Section 5315 of title 5, United States Code, is amended in the
item relating to the Assistant Secretaries of Commerce by striking out
"(7)" and inserting in lieu thereof "(8)".
(c)(1) Section 2 of the Act entitled " An Act to establish the
Departments of Commerce and Labor", approved February 14, 1903, as
amended (15 U.S.C. 1504) is amended by striking out the first two
sentences.
(2) Section 8 of the Air Commerce Act of 1926 (44 Stat. 568; 52
Stat. 1029) // 15 USC 1505 // is hereby repealed.
(3) Section 601(a) of the Public Works and Economic Development Act
of 1965 (42 U.S.C. 3201) is amended by striking out "and shall be
compensated at the rate provided for level IV of the Federal Executive
Salary Schedule".
(4) Section 9(a) of the Maritime Appropriation Authorization Act for
Fiscal Year 1978 (15 U.S.C. 1507b) is amended by striking out "shall
receive compensation at the rate prescribed by law for Assistant
Secretaries of Commerce, and".
(5) Section 4 of the Reorganization Plan Numbered 1 of 1977 (91 Stat.
1633; 5 U.S.C. Appendix) // 3 USC note prec. 101. // is amended by
striking out ", and who shall be entitled to receive compensation at the
rate now or hereafter prescribed by law for level IV of the Executive
Schedule".
(6) Section 2(d) of Reorganization Plan Numbered 3 of 1979 (93 Stat.
1382; 5 U.S.C. Appendix) // 19 USC 2171 note. // is amended by
striking out "shall receive compensation at the rate payable for level
IV of the Executive Schedule, and".
Sec. 2. During the fiscal year ending September 30, 1982, any
payment or obligation pursuant to this Act may be made only to such
extent or in such amounts as are provided in advance in appropriation
Acts.
Approved June 16, 1982.
LEGISLATIVE HISTORY-S. 1808 (H.R. 3141):
HOUSE REPORT: No. 97 - 391 accompanying H.R. 3141 (Comm. on Post
Office and Civil Service).
CONGRESSIONAL RECORD:
Vol. 127 (1981): Dec. 15, considered and passed Senate.
Vol. 128 (1982): May 11, H.R. 3141 considered and passed
House; proceedings vacated and S. 1808, amended, passed in lieu.
May 27, Senate concurred in House amendment.
PUBLIC LAW 97-194, 96 STAT. 114
Whereas many Americans have devoted much time and energy for
advancing the cause of theatre; and
Whereas the theatres of America have pioneered the way for many
performers and have given them their start in vaudeville and stage; and
Whereas theatre is brought to Americans through high schools,
colleges, and community theatre groups as well as through professional
acting companies; and
Whereas citizens of America have been called upon to support the
theatre arts in the Nation's interest; and
Whereas many individuals and organizations are hailing the strength
and vitality of the theatres of America: 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 June 7 through
13, 1982, shall be proclaimed " National Theatre Week" throughout the
country, and all citizens are urged to support this effort with
assistance to theatres throughout the country.
Approved June 16, 1982.
LEGISLATIVE HISTORY-S.J. Res. 131:
CONGRESSIONAL RECORD, Vol. 128 (1982):
May 5, considered and passed Senate.
June 3, considered and passed House.
PUBLIC LAW 97-193, 96 STAT. 112
1982, as " National Child
Abuse Prevention Week".
Whereas the incidence and prevalence of child abuse and neglect have
reached alarming proportions in the United States;
Whereas an estimated two million children become victims of child
abuse in this Nation each year;
Whereas an estimated five thousand of these children die as a result
of such abuse each year;
Whereas the Nation faces a continuing need to support innovative
programs to prevent child abuse and assist parents and family members in
which child abuse occurs;
Whereas Congress has expressed its commitment to seeking and applying
solutions to this problem by enacting the Child Abuse Prevention and
Treatment Act of 1974;
Whereas many dedicated individuals and private organizations,
including the National Exchange Club Foundation for the Prevention of
Child Abuse, Parents Anonymous, the National Committee for the
Prevention of Child Abuse, American Humane Association, and other
members of the National Child Abuse Coalition, are working to counter
the ravages of abuse and neglect and to help child abusers break their
destructive pattern of behavior;
Whereas the average cost for a public welfare agency to serve a
family through a child abuse program is twenty times greater than
self-help programs administered by private organizations;
Whereas organizations, such as the National Exchange Club Foundation
for the Prevention of Child Abuse, Parents Anonymous and other members
of the National Child Abuse Coalition are expediting efforts to prevent
child abuse in the next generation through special programs for abused
children; and
Whereas it is appropriate to focus the Nation's attention upon the
problem of child abuse: 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 June 6, 1982,
through June 12, 1982, is designated as " National Child Abuse
Prevention 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 programs, ceremonies, and activities.
Approved June 15, 1982.
LEGISLATIVE HISTORY-S.J. Res. 149:
CONGRESSIONAL RECORD, Vol. 128 (1982):
Mar. 15, considered and passed Senate.
June 3, considered and passed House.
PUBLIC LAW 97-192, 96 STAT. 109
Council of Learned Societies.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1. // 36 USC 1901. // The American Council of Learned
Societies, 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 1902. // American Council of Learned Societies
(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 1903. // The objects and purposes of the
corporation are those provided in its articles of incorporation and
shall include the advancement of the humanistic studies in all fields of
learning and the maintenance and strengthening of relations among the
national societies devoted to such studies, and the corporation shall
function as authorized by the laws of the State or States where it is
incorporated.
Sec. 4. // 36 USC 1904. // 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 1905. // Eligibility for membership in the
corporation and the rights and privileges of members shall, except as
provided in this Act, be as provided in the constitution and bylaws of
the corporation.
Sec. 6. // 36 USC 1906. // 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 1907. // 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 1908. // (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 1909. // 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 1910. // 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 to 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:
"(56) American Council of Learned Societies.".
Sec. 12. // 36 USC 1911. // 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 1912. // The right to alter, amend, or repeal
this Act is expressly reserved to the Congress.
Sec. 14. // 36 USC 1913. // 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 1914. // 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.
Approved June 1, 1982.
LEGISLATIVE HISTORY-H.R. 4769:
HOUSE REPORT No. 97 - 285 (Comm. on the Judiciary).
SENATE REPORT: No. 97 - 395 (Comm. on the Judiciary).
CONGRESSIONAL RECORD:
Vol. 127 (1981): Oct. 26, considered and passed House.
Vol. 128 (1982): May 24, considered and passed Senate.
PUBLIC LAW 97-191, 96 STAT. 107
vessels within State waters.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 306 of the
Magnuson Fishery Conservation and Management Act (16 U.S.C. 1856) is
amended by adding at the end thereof the following new subsection:
"(c) Exception Regarding Foreign Fish Processing in Internal
Waters.-(1) A foreign fishing vessel may engage in fish processing
within the internal waters of a State if, and only if--,
"(A) the vessel is qualified for purposes of this paragraph
pursuant to paragraph (4)(C); and
"(B) the owner or operator of the vessel applies to the
Governor of the State for, and (subject to paragraph (2)) is
granted, permission for the vessel to engage in such processing.
"(2) The Governor of a State may not grant permission for a foreign
fishing vessel to engage in fish processing under paragraph (1)(B) if he
determines that fish processors within the State have adequate capacity,
and will utilize such capacity, to process all of the United States
harvested fish from the fishery concerned that are landed in the State.
"(3) Nothing in this subsection may be construed as relieving a
foreign fishing vessel from the duty to comply with all applicable
Federal and State laws while operating within the internal waters of a
State incident to permission obtained under paragraph (1)(B).
"(4) For purposes of this subsection--,
"(A) The term 'fish processing' includes, in addition to
processing, the performance of any other activity relating to
fishing, including, but not limited to, preparation, supply,
storage, refrigeration, or transportation.
"(B) The phrase 'internal waters of a State' means all waters
within the boundaries of a State except those seaward of the
baseline from which the territorial sea is measured.
"(C) A foreign fishing vessel shall be treated as qualified for
purposes of paragraph (1) if the foreign nation under which it is
flagged will be a party to (i) a governing international fishery
agreement or (ii) a treaty described in section 201(b) of this Act
(16 U.S.C. 1821(b)) during the time the vessel will engage in the
fish processing for which permission is sought under paragraph
(1)(B).".
Sec. 2. Section 307(2) of such Act of 1976 (16 U.S.C. 1857(2)) is
amended--,
(1) by striking out "in fishing-" and inserting in lieu thereof
a hyphen;
(2) by amending subparagraph (A) by inserting "in fishing"
immediately after "(A)", and by striking out "or";
(3) by amending subparagraph (B) by inserting "in fishing"
immediately after "(B)", and by striking out "and" after the
semicolon and inserting in lieu thereof "or"; and
(4) by adding at the end thereof the following new
subparagraph:
"(C) except as permitted under section 306(c), in fish
processing (as defined in paragraph (4)(A) of such section) within
the internal waters of a State (as defined in paragraph (4)(B) of
such section); and".
Sec. 3. This Act // 16 USC 1856 // shall take effect on June 1,
1982.
Approved June 1, 1982.
LEGISLATIVE HISTORY-S. 2535:
CONGRESSIONAL RECORD, Vol. 128 (1982):
May 17, considered and passed Senate.
May 25, considered and passed House, amended.
May 27, Senate concurred in House amendments.
PUBLIC LAW 97-190, 96 STAT. 106
Energy Policy and Conservation
Act.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 252(j) of
the Energy Policy and Conservation Act (42 U.S.C. 6272(j)) is amended by
striking " June 1, 1982" and inserting in lieu thereof " July 1, 1982".
Approved June 1, 1982.
LEGISLATIVE HISTORY-S. 2575:
CONGRESSIONAL RECORD, Vol. 128 (1982):
May 27, considered and passed Senate and House.
PUBLIC LAW 97-189, 96 STAT. 105
April 9, 1983, as " National
P.O.W./M.I.A. Recognition Day".
Whereas the United States has fought in many wars;
Whereas thousands of Americans who served in such wars were captured
by the enemy or are missing in action;
Whereas many American prisoners of war were subjected to brutal and
inhuman treatment by their enemy captors in violation of international
codes and customs for the treatment of prisoners of war and many such
prisoners of war died from such treatment;
Whereas it is uncertain whether those Americans missing in action are
alive or dead and such uncertainty has caused their families to suffer
acute hardship; and
Whereas the sacrifices of American prisoners of war and Americans
missing in action and their families are deserving of national
recognition: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the ninth day of July 1982
and the ninth day of April 1983 shall be designated as " National
P.O.W./M.I.A. Recognition Day" and the President of the United States is
authorized and requested to issue a proclamation each year calling upon
the people of the United States to commemorate such day with appropriate
activities.
Approved June 1, 1982.
LEGISLATIVE HISTORY-S.J. Res. 160 (H.J. Res. 479):
CONGRESSIONAL RECORD, Vol. 128 (1982):
May 5, considered and passed Senate.
May 11, H.J. Res. 479 considered and passed House; proceedings
vacated and S.J. Res. 160, amended, passed in lieu.
May 19, Senate concurred in House amendments.
PUBLIC LAW 97-188, 96 STAT. 104
of the United States.
Whereas square dancing has been a popular tradition in America since
early colonial days;
Whereas square dancing has attained a revered status as part of the
folklore of this country;
Whereas square dancing is a joyful expression of the vibrant spirit
of the people of the United States;
Whereas the American people value the display of etiquette among men
and women which is a major element of square dancing;
Whereas square dancing is a traditional form of family recreation
which symbolizes a basic strength of this country, namely, the unity of
the family;
Whereas square dancing epitomizes democracy because it dissolves
arbitrary social distinctions; and
Whereas it is fitting that the square dance be added to the array of
symbols of our national character and pride: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the square dance is
designated as the national folk dance of the United States of America
for 1982 and 1983.
Approved June 1, 1982.
LEGISLATIVE HISTORY-S.J. Res. 59:
CONGRESSIONAL RECORD:
Vol. 127 (1981): Sept. 23, considered and passed Senate.
Vol. 128 (1982): May 11, considered and passed House, amended.
May 19, Senate concurred in House amendments.
PUBLIC LAW 97-187, 96 STAT. 103
" Working Mothers' Day".
Whereas more than sixteen million American women are employed outside
the home and have children under the age of eighteen;
Whereas these working mothers are making unique and substantial
contributions, to both the growth of the economy and the strength of the
American family; and
Whereas working mothers deserve special recognition for fulfilling
their exceptional responsibilities in the home and in the world of
commerce: Now, therefore, be it
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 September 5, 1982, as " Working Mothers' Day", and calling
upon families, individual citizens, labor and civic organizations, the
media, and the business community to acknowledge the importance of the
working mother and to express appreciation for her role in American
society.
Approved June 1, 1982.
LEGISLATIVE HISTORY-S.J. Res. 53:
CONGRESSIONAL RECORD:
Vol. 127 (1981): July 31, considered and passed Senate.
Vol. 128 (1982): May 11, considered and passed House, amended.
May 19, Senate concurred in House amendments.
PUBLIC LAW 97-186, 96 STAT. 101
transfer, conveyance, lease and
improvement of, and construction on, certain property
in the District of Columbia,
for use as a headquarters site for an international
organization, as sites for governments
of foreign countries, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the first section
of the Act approved October 8, 1968 (Public Law 90 - 553, 82 Stat.
958), is amended--,
(1) in the first sentence by striking out "sell or lease" and
inserting in lieu thereof: "develop in coordination with the
Administrator of General Services for, or to sell, exchange, or
lease";
(2) by striking out " Van Ness Street, Reno Road, and Tilden
Street" and inserting in lieu thereof: " Yuma Street, 36th
Street, Reno Road, and Tilden Street, except that portion of lot
802 in square 1964, the jurisdiction over which was transferred to
the District of Columbia for use as an educational facility"; and
(3) by striking out "he" and inserting "the Secretary".
Sec. 2. Section 2 of such Act of October 8, 1968 (Public Law 90 -
553), is amended to read as follows:
" Sec. 2. Upon the request of any foreign government or
international organization and with funds provided by such government or
organization in advance, the Administrator of General Services is
authorized to design, construct, and equip a headquarters building or
legation building or related facilities on property conveyed pursuant to
the first section of this Act.".
Sec. 3. Section 3 of such Act of October 8, 1968 (Public Law 90 -
553), is deleted, and sections 4 to 6 of such Act, inclusive, are
renumbered as sections 3 to 5, including references thereto. The first
sentence of renumbered section 3 is amended to read as follows " The Act
of June 20, 1938 (D.C. Code, secs. 5 - 413 to 5 - 428), shall not apply
to buildings constructed on property transferred or conveyed pursuant to
this Act including section 3 of this Act as in effect January 1, 1980.".
Sec. 4. Section 4 of such Act of October 8, 1968 (Public Law 90 -
553), as renumbered by this Act is amended by--,
(1) inserting "demolition or removal of existing structures,
site preparation, and the" immediately after " The";
(2) striking out "and" immediately before "(d)";
(3) inserting "(e) other utilities, and (f) related
improvements necessary to accomplish the purposes of this Act,"
immediately after "the fire alarm system,"; and
(4) inserting "or contiguous to" after "within".
Sec. 5. Section 5 of such Act of October 8, 1968 (Public Law 90 -
553), as renumbered by this Act is amended by--,
(1) inserting ", exchange," after "sale" in the first sentence,
and by inserting ", exchanges," after "sales" in the second
sentence thereof; and
(2) adding at the end thereof the following: " The Secretary
may retain therefrom a reserve for maintenance and security of
those public improvements authorized by this Act which have not
been conveyed to a government or international organization under
the first section of this Act, and for surveys and plans related
to development of additional areas within the Nation's Capital for
chancery and diplomatic purposes. Amounts in the reserve will be
available only to the extent and in such amounts as provided in
advance in appropriations Acts.".
Sec. 6. The Act of October 8, 1968 (Public Law 90 - 553), is further
amended by adding at the end thereof the following new section:
" Sec. 6. This Act may be cited as the ' International Center
Act'.".
Approved May 25, 1982.
LEGISLATIVE HISTORY-S. 1611 (H.R. 4716):
HOUSE REPORT No. 97 - 324 accompanying H.R. 4716 (Comm. on Public
Works and Transportation).
SENATE REPORT No. 97 - 281 (Comm. on Foreign Relations).
CONGRESSIONAL RECORD, Vol. 128 (1982):
Apr. 29, considered and passed Senate.
May 13, considered and passed House, in lieu of H.R. 4716.
PUBLIC LAW 97-185, 96 STAT. 100
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the fourth sentence
of section 235(h)(1) of the National Housing Act // 12 USC 1715z. // is
amended by striking out " March 31, 1982" each place it appears and
inserting in lieu thereof " September 30, 1982".
Approved May 24, 1982.
LEGISLATIVE HISTORY-H.R. 6038 (H.R. 5708, S. 2344):
CONGRESSIONAL RECORD, Vol. 128 (1982):
Mar. 23, H.R. 5708 considered and passed House.
Mar. 29, H.R. 5708 considered and passed Senate, amended.
Apr. 1, S. 2344 considered and passed Senate.
Apr. 20, considered and passed House.
May 12, considered and passed Senate.
PUBLIC LAW 97-184, 96 STAT. 99
the preservation of historic
Camden in the State of South Carolina, 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) in order to
assist in the preservation of the nationally significant historic
resources associated with the town of Camden, South Carolina, a key
location in the development of South Carolina and in military operations
in the South during the American Revolution, the Secretary of the
Interior is authorized, in accordance with subsection 2(e) of the Act of
August 21, 1935 (49 Stat. 666), // 16 USC 462. // to enter into a
cooperative agreement or agreements with the Camden Historical
Commission, the Camden District Heritage Foundation, or other
appropriate public, governmental, or private nonprofit entities pursuant
to which the Secretary may assist in the protection, restoration, and
interpretation of such resources for the benefit of the public.
(b) Beginning October 1, 1982, there are hereby authorized to be
appropriated such sums as may be necessary to carry out the provisions
of this Act, but not to exceed $250,000.
Approved May 24, 1982.
LEGISLATIVE HISTORY-S. 146:
HOUSE REPORT No. 97 - 459 (Comm. on Interior and Insular Affairs).
SENATE REPORT No. 97 - 207 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
Vol. 127 (1981): Oct. 21, considered and passed Senate.
Vol. 128 (1982): Mar. 23, considered and failed of passage in
House. May 11, considered and passed House.
PUBLIC LAW 97-183, 96 STAT. 97
" National Orchestra Week".
Whereas America's one thousand five hundred and seventy-two symphony
and chamber orchestras are among our Nation's finest cultural and
artistic resources, providing inspiration and enjoyment to more than
twenty-three million people each year throughout the country;
Whereas America's greatest professional orchestras are
internationally recognized as among the finest in the world, setting the
standards of excellence against which other musical endeavors are
measured;
Whereas America's orchestras serve their communities as total musical
resources by supporting other arts activities and cooperating in joint
artistic ventures;
Whereas America's orchestras cultivate a national musical heritage by
nurturing young talent, providing opportunities for American-trained
musicians and conductors, and promoting performances of American music;
Whereas America's orchestras educate the youth of the country by
providing high quality music education through youth concerts, in-school
demonstrations and training programs, and master classes;
Whereas America's orchestras reach diverse audiences beyond the
concert hall through regional and national tours, free outdoor
performances, and other special events;
Whereas the success of America's orchestras has been the result of a
joint effort of skilled professionals and dedicated volunteers working
together to promote and produce music in their communities; and
Whereas America's orchestras have grown in size and artistic quality
during the past ten years, with the help of direct grants from the
orchestra program of the National Endowment for the Arts: Now,
therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the week beginning June
13, 1982, is designated as " National Orchestra Week", and the President
of the United States is authorized and requested to issue a proclamation
calling upon Federal, State, and local government agencies, interest
groups and organizations, and the people of the United States to observe
that week by engaging in appropriate activities and programs, thereby
showing their support of America's orchestras and the arts.
Approved May 24, 1982.
LEGISLATIVE HISTORY-S.J. Res. 145:
CONGRESSIONAL RECORD, Vol. 128 (1982):
Mar. 4, considered and passed Senate.
May 11, considered and passed House.
PUBLIC LAW 97-182, 96 STAT. 95
November 14, 1982, as " National
Hospice Week".
Whereas hospice care provided in the United States has demonstrated
that it is possible for people who are nearing the end of life to have
appropriate, competent, and compassionate care;
Whereas providers of hospice care are interdisciplinary teams of
physicians, nurses, social workers, pharmacists, physical and
occupational therapists, psychological and spiritual counselors, and
other trained community volunteers;
Whereas hospice services are provided by volunteer teams on an
unintermittent basis, tailored to the needs of each individual patient
and patient family;
Whereas the hospice care concept has not had the national recognition
necessary to cause general public awareness of an alternate care system
for the terminally ill;
Whereas lack of national recognition has caused many hundreds of
patients and patient families to suffer unnecessary physical, emotional,
and spiritual pain and grief attendant on terminal illness; and
Whereas hospice care is a realistic alternative to unnecessary
suffering that allows terminally ill patients and their families the
opportunity to live and die in peace and comfort in an environment of
personal individuality and integrity: 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 November 7,
1982, through November 14, 1982, is designated as " National Hospice
Week" and the President of the United States is authorized and requested
to issue a proclamation calling upon all government agencies, the
medical community, appropriate private organizations, and the people of
the United States to observe the week with appropriate forums, programs,
and activities designed to encourage national recognition and support
for the hospice care concept as a realistic and humane response to the
needs of the terminally ill.
Approved May 24, 1982.
LEGISLATIVE HISTORY-S.J. Res. 170:
CONGRESSIONAL RECORD, Vol. 128 (1982):
Apr. 1, considered and passed Senate.
May 11, considered and passed House.
PUBLIC LAW 97-181, 96 STAT. 94
competition.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the United States
recognizes the international ballet competition held in Jackson,
Mississippi, under the sponsorship of the Mississippi Ballet
International, Incorporated, as the official competition within the
United States, and this organization and its participants as the
official representatives of the United States in the international
ballet competition cycle, which originated in Varna, Bulgaria, in 1964,
and rotates among the cities of Varna, Bulgaria; Tokyo, Japan; Moscow,
Union of Soviet Socialist Republics; and Jackson, Mississippi.
Approved May 24, 1982.
LEGISLATIVE HISTORY-H.J. Res. 361 (S.J. Res. 127):
CONGRESSIONAL RECORD, Vol. 128 (1982):
Mar. 11, considered and passed House.
May 5, considered and passed Senate, in lieu of S.J. Res. 127.
PUBLIC LAW 97-180, 96 STAT. 91, PIRACY AND COUNTERFEITING AMENDMENTS
ACT OF 1982.
strengthen the laws against
record, tape, and film piracy and counterfeiting, 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 // 18 USC
2311 // may be cited as the " Piracy and Counterfeiting Amendments Act
of 1982".
Sec. 2. Section 2318 of title 18, United States Code, is amended to
read as follows:
" Section 2318. Trafficking in counterfeit labels for phonorecords,
and copies of motion pictures or other audiovisual works
"(a) Whoever, in any of the circumstances described in subsection (c)
of this section, knowingly traffics in a counterfeit label affixed or
designed to be affixed to a phonorecord, or a copy of a motion picture
or other audiovisual work, shall be fined not more than $250,000 or
imprisoned for not more than five years, or both.
"(b) As used in this section--,
"(1) the term 'counterfeit label' means an identifying label or
container that appears to be genuine, but is not;
"(2) the term 'traffic' means to transport, transfer or
otherwise dispose of, to another, as consideration for anything of
value or to make or obtain control of with intent to so transport,
transfer or dispose of; and
"(3) the terms 'copy', 'phonorecord', 'motion picture', and
'audiovisual work' have, respectively, the meanings given those
terms in section 101 (relating to definitions) of title 17.
"(c) The circumstances referred to in subsection (a) of this section
are--,
"(1) the offense is committed within the special maritime and
territorial jurisdiction of the United States; or within the
special aircraft jurisdiction of the United States (as defined in
section 101 of the Federal Aviation Act of 1958);
// 49 USC 1301. //
"(2) the mail or a facility of interstate or foreign commerce
is used or intended to be used in the commission of the offense;
or
"(3) the counterfeit label is affixed to or encloses, or is
designed to be affixed to or enclose, a copyrighted motion picture
or other audiovisual work, or a phonorecord of a copyrighted sound
recording.
"(d) When any person is convicted of any violation of subsection (a),
the court in its judgment of conviction shall in addition to the penalty
therein prescribed, order the forfeiture and destruction or other
disposition of all counterfeit labels and all articles to which
counterfeit labels have been affixed or which were intended to have had
such labels affixed.
"(e) Except to the extent they are inconsistent with the provisions
of this title, all provisions of section 509, title 17, United States
Code, are applicable to violations of subsection (a).".
Sec. 3. Title 18, United States Code, is amended by inserting after
section 2318 the following new section:
" Section. 2319. // 18 USC 2319. // Criminal infringement of a
copyright
"(a) Whoever violates section 506(a) (relating to criminal offenses)
of title 17 shall be punished as provided in subsection (b) of this
section and such penalties shall be in addition to any other provisions
of title 17 or any other law.
"(b) Any person who commits an offense under subsection (a) of this
section--,
"(1) shall be fined not more than $250,000 or imprisoned for
not more than five years, or both, if the offense--,
sixty--,
five copies infringing the copyright in one or more
motion
pictures or other audiovisual works; or
prior
offense involved a sound recording, or a motion picture
or
other audiovisual work;
"(2) shall be fined not more than $250,000 or imprisoned for
not more than two years, or both, if the offense--,
copyright
in one or more motion pictures or other audiovisual
works; and
"(3) shall be fined not more than $25,000 or imprisoned for not
more than one year, or both, in any other case.
"(c) As used in this section--,
"(1) the terms 'sound recording', 'motion picture',
'audiovisual work', 'phonorecord', and 'copies' have,
respectively, the meanings set forth in section 101 (relating to
definitions) of title 17; and
"(2) the terms 'reproduction' and 'distribution' refer to the
exclusive rights of a copyright owner under clauses (1) and (3)
respectively of section 106 (relating to exclusive rights in
copyrighted works), as limited by sections 107 through 118, of
title 17.".
Sec. 4. The table of sections for chapter 113 of title 18 of the
United States Code is amended by striking out the item relating to
section 2318 and inserting in lieu thereof the following:
"2318. Trafficking in counterfeit labels for phonorecords and copies
of motion pictures or other audiovisual works.
"2319. Criminal infringement of a copyright.".
Sec. 5. Section 506(a) of title 17, United States Code, is amended
to read as follows:
"(a) Criminal Infringement.-Any person who infringes a copyright
willfully and for purposes of commercial advantage or private financial
gain shall be punished as provided in section 2319 of title 18.".
Approved May 24, 1982.
LEGISLATIVE HISTORY-S. 691 (H.R. 3530):
HOUSE REPORT No. 97 - 495 accompanying H.R. 3530 (Comm. on the
Judiciary).
SENATE REPORT No. 97 - 274 (Comm. on the Judiciary).
CONGRESSIONAL RECORD:
Vol. 127 (1981): Dec. 1, considered and passed Senate.
Vol. 128 (1982): May 10, H.R. 3530 considered and passed
Senate, amended; passage vacated and S. 691 passed in lieu.
PUBLIC LAW 97-179, 96 STAT. 90
portion of the Tahoe National
Forest known as Blyth Arena.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That notwithstanding any
other provision of law, the Secretary of Agriculture may dispose of by
exchange pursuant to the General Exchange Act of March 20, 1922, as
amended (16 U.S.C. 485, 486) and the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1716, 1717) or by sale at public auction, for not
less than fair market value, all right, title, and interest in the
approximately 5.2 acres of land which is known as Blyth Arena and
located in the Tahoe National Forest, which is an exception to land
patent numbered 04 - 70 - 0146, and which is depicted on a map entitled
" Blyth Arena Sale or Exchange Proposal", dated February 1981, on file
in the office of the Chief, Forest Service, Department of Agriculture.
Sec. 2. If the Secretary of Agriculture disposes of the land
described in section 1 of this Act by sale, the proceeds shall be
retained by the Secretary and shall be used for acquisition by the
Secretary of lands in the State of California which shall be included
within the national forest system and shall be permanently reserved,
held, and administered as part of such system.
Approved May 24, 1982.
LEGISLATIVE HISTORY-H.R. 2863:
HOUSE REPORT No. 97 - 359 (Comm. on Interior and Insular Affairs).
SENATE REPORT No. 97 - 367 (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.
PUBLIC LAW 97-178, 96 STAT. 89
20, 1982, as " Amelia
Earhart Day".
Whereas Amelia Earhart was the first woman to fly across the Atlantic
Ocean as a passenger;
Whereas Amelia Earhart set a number of altitude and speed records in
various airplanes and autogiros, forerunners of the helicopter;
Whereas Amelia Earhart was widely hailed as an aviator and an
inspiring example to all;
Whereas Amelia Earhart worked for the promotion of sound aeronautics
and was a strong influence in breaking down resistance to aviation;
Whereas Amelia Earhart was the first woman in American history to be
awarded the Distinguished Flying Cross;
Whereas Amelia Earhart was the first woman to fly solo across the
Atlantic Ocean on May 20 - 21, 1932: 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 designate May 20, 1982, as " Amelia Earhart
Day", as a tribute to that most daring of the pioneer women aviators,
and to call upon Federal, State, and local government agencies and the
people of the United States to observe such day with appropriate
ceremonies and activities.
Approved May 21, 1982.
LEGISLATIVE HISTORY-H.J. Res. 412 (S.J. Res. 150):
CONGRESSIONAL RECORD, Vol. 128 (1982):
May 18, considered and passed House.
May 19, considered and passed Senate, in lieu of S.J. Res.
150.
PUBLIC LAW 97-177, 96 STAT. 85, PROMPT PAYMENT ACT
overdue payments, 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 // 31 USC 1801 // may be cited as the " Prompt
Payment Act".
Sec. 2. // 31 USC 1801. // (a)(1) In accordance with regulations
prescribed by the Director of the Office of Management and Budget, each
Federal agency which acquires property or services from a business
concern but which does not make payment for each such complete delivered
item of property or service by the required payment date shall pay an
interest penalty to such business concern in accordance with this
section on the amount of the payment which is due.
(2) Such regulations--,
(A) shall specify that the required payment date shall be--,
service;
or
(B)(i) in the case of any acquisition of meat or of a meat food
product, as defined in section 2(a)(3) of the Packers and
Stockyards Act, 1921 (7 U.S.C. 182(3)), shall specify a required
payment date which is not later than seven days after the date of
delivery of such meat or meat food product; and
(ii) in the case of any 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)),
shall specify a required payment date consistent with requirements
imposed pursuant to such Act;
(C) shall specify separate required payment dates for contracts
under which property or services are provided in a series of
partial executions or deliveries, to the extent that such contract
provides for separate payment for such partial execution or
delivery; and
(D) shall require that, within fifteen days after the date on
which any invoice is received, Federal agencies notify the
business concern of any defect or impropriety in such invoice
which would prevent the running of the time period specified in
subparagraph (A)(ii).
(b)(1) Interest penalties on amounts due to a business concern under
this Act shall be paid to the business concern for the period beginning
on the day after the required payment date and ending on the date on
which payment of the amount due is made, except that no interest penalty
shall be paid if payment for the complete delivered item of property or
service concerned is made on or before (A) the third day after the
required payment date, in the case of meat or a meat food product
described in subsection (a)(2)(B)(i); (B) the fifth day after the
required payment date, in the case of an agricultural commodity
described in subsection (a)(2)(B)(ii); or (C) the fifteenth day after
the required payment date, in the case of any other item. Interest
shall be computed at the rate determined by the Secretary of the
Treasury for interest payments under section 12 of the Contract Disputes
Act of 1978 (41 U.S.C. 611). The Secretary of the Treasury shall
publish each such rate in the Federal Register.
(2) Any amount of an interest penalty which remains unpaid at the end
of any thirty-day period shall be added to the principle amount of the
debt and thereafter interest penalties shall accrue on such added
amount.
(c) This section does not authorize the appropriation of additional
funds for the payment of interest penalties required by this section. A
Federal agency shall pay any interest penalties required by this section
out of funds made available for the administration or operation of the
program for which the penalty was incurred.
(d)(1) Any recipient of a grant from a Federal agency may provide in
a contract for acquisition of property or services from a business
concern for the payment of interest penalties on amounts overdue under
such contract, except that--,
(A) in no case shall an obligation to pay such interest
penalties be construed to be an obligation of the United States,
and
(B) any payment of such interest penalties shall not be made
from funds provided to the grant recipient by a Federal agency,
nor shall any non-Federal funds expended for such interest
penalties be counted toward any matching requirement applicable to
that grant.
(2) Such interest penalty payments shall be made under such terms and
conditions as agreed to by the grant recipient and the business concern,
consistent with the grant recipient's usual business practices and
applicable State and local law.
Sec. 3. // 31 USC 1802. // (a) If a business concern offers a
Federal agency a discount from the amount otherwise due under a contract
for property or services in exchange for payment within a specified
period of time, the Federal agency may make payment in an amount equal
to the discounted price only if payment is made within such specified
period of time.
(b) Each agency which violates subsection (a) shall pay an interest
penalty on any amount which remains unpaid in violation of such
subsection. Such interest penalty shall accrue on such unpaid amount in
accordance with the regulations prescribed pursuant to section 2, except
that the required payment date with respect to such unpaid amount shall
be the last day of the specified period of time described in subsection
(a).
Sec. 4. // 31 USC 1803. // (a)(1) Claims for interest penalties
which a Federal agency has failed to pay in accordance with the
requirements of section 2 or 3 of this Act may be filed under section 6
of the Contract Disputes Act of 1978 (41 U.S.C. 605).
(2) Interest penalties under this Act shall not continue to accrue
(A) after the filing of a claim for such penalties under the Contract
Disputes Act of 1978, // 41 USC 601. // or (B) for more than one year.
(3) Paragraph (2) shall not be construed to preclude the accrual of
interest pursuant to section 12 of the Contract Disputes Act of 1978 (41
U.S.C. 611) after interest penalties have ceased accruing under this
Act, and interest pursuant to such section may accrue on both any unpaid
contract payment and on the unpaid interest penalty required by this
Act.
(b) Except as provided in section 3 with respect to disputes
concerning discounts, this Act shall not be construed to require
interest penalties on payments which are not made by the required
payment date by reason of a dispute between a Federal agency and a
business concern over the amount of that payment or other allegations
concerning compliance with a contract. Claims concerning any such
dispute, and any interest which may be payable with respect to the
period while the dispute is being resolved, shall be subject to the
Contract Disputes Act of 1978.
Sec. 5. // 31 USC 1804. // (a) Each Federal agency shall file with
the Director of the Office of Management and Budget a detailed report on
any interest penalty payments made under this Act during the preceding
fiscal year.
(b) Such report shall include the number, amounts, and frequency of
interest penalty payments, and the reasons such payments were not
avoided by prompt payment, and shall be delivered to the Director within
sixty days after the conclusion of each fiscal year.
(c) The Director shall submit to the Committee on Governmental
Affairs, the Committee on Appropriations, and the Committee on Small
Business of the Senate and to the Committee on Government Operations,
the Committee on Appropriations, and the Committee on Small Business of
the House of Representatives within one hundred and twenty days after
the conclusion of each fiscal year a report on Federal agency compliance
with the requirements of this Act. Such report shall include a summary
of the report submitted by each Federal agency under subsection (b) and
an analysis of the progress made in reducing interest penalty payments
by that agency from previous years.
Sec. 6. // 31 USC 1805. // For the purposes of this Act--,
(1) the term " Federal agency" has the same meaning as the term
"agency" in section 551(1) of title 5, United States Code, but
also includes any entity (A) which is operated exclusively as an
instrumentality of such an agency for the purpose of administering
one or more programs of that agency, and (B) which is so
identified for this purpose by the head of such agency;
(2) the term "business concern" means any person engaged in a
trade or business and nonprofit entities operating as contractors;
(3) an invoice shall be considered a "proper invoice" when it
contains or is accompanied by such substantiating documentation
(A) as the Director of the Office of Management and Budget may
require by regulation, and (B) as the Federal agency involved may
require by regulation or contract;
(4) an invoice shall be deemed to have been received by an
agency on the later of--,
invoice;
or
(5) a payment shall be considered made on the date on which a
check for such payment is dated; and
(6) a contract for the rental of real or personal property is a
contract for the acquisition of that property.
Sec. 7. (a) This Act // 31 USC 1801 // applies to the acquisition of
property or services on or after the beginning of the first calendar
quarter which begins more than ninety days after the date of enactment
of this Act.
(b) The provisions of this Act // 31 USC 1801 // requiring the
promulgation of regulations shall be effective upon enactment, and such
regulations shall be promulgated not later than ninety days after the
date of enactment of this Act.
(c) The provisions of this Act // 31 USC 1806. // shall apply to the
Tennessee Valley Authority, but any regulations promulgated under the
authority of this Act shall not be applicable to the Tennessee Valley
Authority, which shall be solely responsible for implementing the
provisions of this Act with respect to its contracts.
Approved May 21, 1982.
LEGISLATIVE HISTORY-S. 1131 (H.R. 4709):
HOUSE REPORT No. 97 - 461 accompanying H.R. 4709 (Comm. on Government
Operations).
SENATE REPORT No. 97 - 302 (Comm. on Governmental Affairs).
CONGRESSIONAL RECORD:
Vol. 127 (1981): Dec. 15, considered and passed Senate.
Vol. 128 (1982): Mar. 23, H.R. 4709 considered and passed
House; proceedings vacated and S. 1131, amended, passed in lieu.
May 11, Senate concurred in House amendments.
PUBLIC LAW 97-176, 96 STAT. 78, NORTHERN PACIFIC HALIBUT ACT OF 1982
for the Preservation of the
Halibut Fishery of the Northern Pacific Ocean and
Bering Sea, signed at Washington,
March 29, 1979.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act // 16 USC
773 // may be cited as the " Northern Pacific Halibut Act of 1982".
Sec. 2. As used in this Act // 16 USC 773. // the term:
(a) " Convention" means the Convention between the United States of
America and Canada for the Preservation of the Halibut Fishery of the
Northern Pacific Ocean and Bering Sea, signed at Ottawa, Canada on March
2, 1953, as amended by the Protocol Amending the Convention, signed at
Washington March 29, 1979, and includes the regulations promulgated
thereunder.
(b) " Commission" means the International Pacific Halibut Commission
provided for by article III of the Convention.
(c) " Fishery conservation zone" means the fishery conservation zone
of the United States established by section 101 of the Magnuson Fishery
Conservation and Management Act of 1976 (16 U.S.C. 1801 et seq.).
(d) " Convention waters" means the maritime areas off the west coast
of the United States and Canada described in article I of the
Convention.
(e) " Halibut" means fish of the species Hippoglossus stenolepis
inhabiting Convention waters.
(f) " Fishing vessel" means--,
(1) any vessel engaged in catching fish in Convention waters or
in processing or transporting fish loaded in Convention waters;
(2) any vessel outfitted to engage in any activity described in
paragraph (1); or
(3) any vessel in normal support of any vessel described in
paragraph (1) or (2).
(g) " Secretary" means the Secretary of Commerce.
Sec. 3. // 16 USC 773a. // (a) The United States shall be
represented on the Commission by three United States Commissioners to be
appointed by the President and to serve at his pleasure. The
Commissioners shall receive no compensation for their services as
Commissioners. Each United States Commissioner shall be appointed for a
term of office not to exceed 2 years, but is eligible for reappointment.
Any United States Commissioner may be appointed for a term of less than
2 years if such appointment is necessary to ensure that the terms of
office of not more than two Commissioners will expire in any 1 year. A
vacancy among the United States Commissioners shall be filled by the
President in the manner in which the original appointment was made, but
any Commissioner appointed to fill a vacancy occurring before the
expiration of the term for which the Commissioner's predecessor was
appointed shall be appointed only for the remainder of such term. Of
the Commissioners--,
(1) one shall be an official of the National Oceanic and
Atmospheric Administration; and
(2) two shall be knowledgeable or experienced concerning the
Northern Pacific halibut fishery; of these, one shall be a
resident of Alaska and the other shall be a nonresident of Alaska.
Of the three commissioners described in paragraphs (1) and (2),
one shall be a voting member of the North Pacific Fishery
Management Council.
(3) Commissioners shall not be considered Federal employees
except for the purposes of injury compensation or tort claims
liability as provided in section 8101 of title 5, United States
Code, et seq. and section 2671 of title 28, United States Code, et
seq. Section 3(a) shall take effect on the 90th day after the
date of enactment of the Act.
(b) The Secretary of State, in consultation with the Secretary, may
designate from time to time alternate United States Commissioners to the
Commission. An Alternate United States Commissioner may exercise, at
any meeting of the Commission, all powers and duties of a United States
Commissioner in the absence of a duly designated Commissioner for
whatever reason. The number of such alternate United States
Commissioners that may be designated for any such meeting shall be
limited to the number of authorized United States Commissioners that
will not be present.
Sec. 4. // 16 USC 773b. // The Secretary of State, with the
concurrence of the Secretary, may accept or reject, on behalf of the
United States, recommendations made by the Commission in accordance with
article III of the Convention and paragraphs 14 and 15 of the annex to
the Convention.
Sec. 5. // 16 USC 773c. // (a) The Secretary shall have general
responsibility to carry out the Convention and this Act.
(b) In fulfilling this responsibility, the Secretary--,
(1) shall, in consultation with the Secretary of the department
in which the Coast Guard is operating, adopt such regulations as
may be necessary to carry out the purposes and objectives of the
Convention and this Act; and
(2) may, with the concurrence of the Secretary of State,
cooperate with the duly authorized officials of the Government of
Canada.
(c) The Regional Fishery Management Council having authority for the
geographic area concerned may develop regulations governing the United
States portion of Convention waters, including limited access
regulations, applicable to nationals or vessels of the United States, or
both, which are in addition to, and not in conflict with regulations
adopted by the Commission. Such regulations shall only be implemented
with the approval of the Secretary, shall not discriminate between
residents of different States, and shall be consistent with the limited
entry criteria set forth in section 303 (b)(6) of the Magnuson Fishery
Conservation and Management Act. // 16 USC 1853. // If it becomes
necessary to allocate or assign halibut fishing privileges among various
United States fishermen, such allocation shall be fair and equitable to
all such fishermen, based upon the rights and obligations in existing
Federal law, reasonably calculated to promote conservation, and carried
out in such manner that no particular individual, corporation, or other
entity acquires an excessive share of the halibut fishing privileges:
Provided, That the Regional Council may provide for the rural coastal
villages of Alaska the opportunity to establish a commercial halibut
fishery in areas in the Bering Sea to the north of 56 degrees north
latitude during a 3 year development period.
Sec. 6. // 16 USC 773d. // Any agency of the Federal Government is
authorized upon request of the Commission, to cooperate in the conduct
of scientific and other programs, and to furnish on a reimbursable
basis, facilities and personnel for the purposes of assisting the
Commission in carrying out its duties under the Convention. Such agency
may accept reimbursement from the Commission.
Sec. 7. // 16 USC 773e. // It is unlawful--,
(a) for any person subject to the jurisdiction of the United
States--,
Act or
any regulation adopted under this Act;
purposes
of conducting any search or inspection in connection
with
the enforcement of the Convention, this Act or any
regulation
adopted under this Act;
intimidate
or interfere with any enforcement officer in the
conduct of
any search or inspection described in paragraph (2);
prohibited
by this section;
of,
any fish taken or retained in violation of the
Convention,
this Act, or any regulation adopted under this Act; or
knowing
that such person has committed any act prohibited by
this section.
(b) for any foreign fishing vessel, and for the owner or
operator of any foreign fishing vessel, to engage in fishing for
halibut in the fishery conservation zone, unless such fishing is
authorized by, and conducted in accordance with the Convention,
this Act and regulations adopted under this Act.
Sec. 8. // 16 USC 773f. // (a) Any person who is found by the
Secretary, after notice and opportunity for a hearing in accordance with
section 554 of title 5, United States Code, to have committed an act
prohibited by section 7 shall be liable to the United States for a civil
penalty. The amount of the civil penalty shall not exceed $25,000 for
each violation. Each day of a continuing violation shall constitute a
separate offense. The amount of such civil penalty shall be assessed by
the Secretary, or his designee, by written notice. In determining the
amount of such penalty, the Secretary shall take into account the
nature, circumstances, extent, and gravity of the prohibited acts
committed and, with respect to the violation, the degree of culpability,
and history of prior offenses, ability to pay, and such other matters as
justice may require.
(b) Any person against whom a civil penalty is assessed under
subsection (a) may obtain review thereof in the appropriate court of the
United States by filing a notice of appeal in such court within 30 days
from the date of such order and by simultaneously sending a copy of such
notice by certified mail to the Secretary and the Attorney General. The
Secretary shall promptly file in such court a certified copy of the
record upon which such violation was found or such penalty imposed, in
accordance with rules prescribed pursuant to section 2112 of title 28,
United States Code. The findings and order of the Secretary shall be
set aside by such court if they are not found to be supported by
substantial evidence, as provided in section 706(2) of title 5, United
States Code.
(c) If any person fails to pay an assessment of a civil penalty after
it has become a final and unappealable order, or after the appropriate
court has entered final judgment in favor of the Secretary, the
Secretary shall refer the matter to the Attorney General of the United
States, who shall recover the amount assessed in any appropriate
district court of the United States. In such action, the validity and
appropriateness of the final order imposing the civil penalty shall not
be subject to review.
(d) The Secretary may compromise, modify, or remit, with or without
conditions, any civil penalty which is subject to imposition or which
has been imposed under this section.
Sec. 9. // 16 USC 773g. // (a) A person is guilty of any offense if
he commits an act prohibited by section 7(a) (2), (3), (4), or (6); or
section 7(b).
(b) Any offense described in subsection (a) is punishable by a fine
of not more than $50,000 or imprisonment for not more than 6 months, or
both; except that if in the commission of any offense the person uses a
dangerous weapon, engages in conduct that causes bodily injury to any
officer authorized to enforce the provisions of this Act, or places any
such officer in fear of imminent bodily injury the offense is punishable
by a fine of not more than $100,000, or imprisonment for not more than
10 years or both.
(c) There is Federal jurisdiction over any offense described in this
section.
Sec. 10. // 16 USC 773h. // (a) Any fishing vessel (including its
fishing gear, furniture, appurtenances, stores, and cargo) used, and any
fish taken or retained, in any manner, in connection with or as a result
of the commission of any act prohibited by section 7 shall be subject to
forfeiture to the United States. All or part of such vessel may, and
all such fish shall, be forfeited to the United States pursuant to a
civil proceeding under this section.
(b) Any district court of the United States shall have jurisdiction,
upon application by the Attorney General on behalf of the United States,
to order any forfeiture authorized under subsection (a) and any action
provided for under subsection (d).
(c) If a judgment is entered for the United States in a civil
forfeiture proceeding under this section, the Attorney General may seize
any property or other interest declared forfeited to the United States,
which has not previously been seized pursuant to this Act or for which
security has not previously been obtained under subsection (d). The
provisions of the customs laws relating to--,
(1) the disposition of forfeited property;
(2) the proceeds from the sale of forfeited property;
(3) the remission or mitigation of forfeitures; and
(4) the compromise of claims;
shall apply to any forfeiture ordered, and to any case in which
forfeiture is alleged to be authorized, under this section, unless such
provisions are inconsistent with the purposes, policy, and provisions of
this Act. The duties and powers imposed upon the Commissioner of
Customs or other persons under such provisions shall, with respect to
this Act, be performed by officers or other persons designated for such
purpose by the Secretary.
(d)(1) Any officer authorized to serve any process in rem which is
issued by a court having jurisdiction under section 11(d) shall--,
(A) stay the execution of such process; or
(B) discharge any fish seized pursuant to such process;
upon the receipt of a satisfactory bond or other security from any
person claiming such property. Such bond or other security shall be
conditioned upon such person delivering such property to the appropriate
court upon order thereof, without any impairment of its value, or paying
the monetary value of such property pursuant to an order of such court.
Judgment shall be recoverable on such bond or other security against
both the principal and any sureties in the event that any condition
thereof is breached, as determined by such court.
(2) Any fish seized pursuant to this Act may be disposed of pursuant
to the order of a court of competent jurisdiction or, if perishable, in
a manner prescribed by regulations of the Secretary or the Secretary of
the department in which the Coast Guard is operating.
(e) For purposes of this section, it shall be a rebuttable
presumption that all fish found on board a fishing vessel which is
seized in connection with an act prohibited by section 7 were taken or
retained in violation of the Convention and this Act.
Sec. 11. // 16 USC 773i. // (a) The Convention, this Act, and any
regulation adopted under this Act, shall be enforced by the Secretary
and the Secretary of the department in which the Coast Guard is
operating. Such Secretaries may, by agreement, on a reimbursable basis
or otherwise, utilize the personnel, services, equipment (including
aircraft and vessels), and facilities of any other Federal agency, and
of any State agency, in the performance of such duties.
(b) Any officer who is authorized by the Secretary, the Secretary of
the department in which the Coast Guard is operating, or the head of any
Federal or State agency which has entered into an agreement with such
Secretaries under subsection (a) to enforce the Convention, this Act or
any regulation adopted under this Act may--,
(1) with or without a warrant or other process--,
this Act
are processed, packed or held;
or
employed in, or with respect to which it reasonably
appears that such vessel was used or employed in, an act
prohibited by section 7;
proceeds
of the sale of such fish; and
(2) execute any warrant or other process issued by any court of
competent jurisdiction; and
(3) exercise any other lawful authority.
(c) If any officer authorized to enforce this Act (as provided for in
this section) finds that a fishing vessel is operating or has been
operated in the commission of an act prohibited by section 7, such
officer may, in accordance with regulations issued jointly by the
Secretary and the Secretary of the department in which the Coast Guard
is operating, issue a citation to the owner or operator of such vessel
in lieu of proceeding under subsection (b). If a permit has been issued
pursuant to this Act for such vessel, such officer shall note the
issuance of any citation under this subsection, including the date
thereof and the reason therefor, on the permit. The Secretary shall
maintain a record of all citations issued pursuant to this subsection.
(d) The district courts of the United States shall have exclusive
jurisdiction over any case or controversy arising under this Act. Any
such court may, at any time--,
(1) enter restraining orders or prohibitions;
(2) issue warrants, process in rem or other process;
(3) prescribe and accept satisfactory bonds or other security;
and
(4) take such other actions as are in the interest of justice.
(e) When requested by the appropriate authorities of Canada, officers
or employees of the Coast Guard, the National Oceanic and Atmospheric
Administration or any other agency of the United States may be directed
to attend as a witness, and to produce such available records and files
or duly certified copies thereof as may be necessary for the prosecution
in Canada of any violation of the Convention or any Canadian law
relating to the enforcement thereof.
(f)(1) In cooperation with such other agencies as may be appropriate,
the Secretary may conduct or cause to be conducted such law enforcement
investigations as are deemed necessary to carry out the purposes of this
Act.
(2) For the purpose of all investigations which, in the opinion of
the Secretary, are necessary and proper for the enforcement of this Act,
the Secretary or any officer designated by him is empowered to
administer oaths and affirmations, subpena witnesses, take evidence, and
require the production of any books, papers, or other documents which
the Secretary deems relevant or material to the inquiry. Such
attendance of witnesses and the production of such documentary evidence
may be required from any place in the United States at any designated
place or hearing.
(3) Process of the Secretary may be served by anyone duly authorized
by him either--,
(A) by delivering a copy thereof to the individual to be
served, or to a member of the partnership to be served, or the
president, secretary, or other executive officer or a director of
the corporation to be served; or the agent designated for service
of process;
(B) by leaving a copy thereof at the residence or the principal
office or place of business of such individual, partnership, or
corporation; or
(C) by mailing a copy thereof by registered or certified mail
addressed to such individual, partnership, or corporation at his
or its residence or principal office or place of business. The
verified return by the individual so serving such complaint,
order, or other process setting forth the manner of service shall
be proof of same, and the returned post office receipt for such
complaint, order, or other process mailed by registered or
certified mail shall be proof of the service of the same.
Sec. 12. // 16 USC 773j. // There is hereby authorized to be
appropriated for fiscal year 1983 and beyond, such sums as may be
necessary for carrying out the Convention and this Act, including--,
(a) necessary travel expenses of the United States
Commissioners or alternate Commissioners; and
(b) the United States share of the joint expenses of the
Commission: Provided, That the Commissioners shall not, with
respect to commitments concerning the United States share of the
joint expenses of the Commission, be subject to section 262(b) of
title 22, United States Code,
// 22 USC 262b. //
insofar as it limits the authority of United States
representatives to international organizations with respect to
such commitments.
Sec. 13. // 16 USC 773k. // There are hereby authorized to be
appropriated such sums as may be necessary for the Secretary of State to
provide for fiscal year 1983 and beyond, by contract, grant, or
otherwise, facilities for office and any other necessary space for the
Commission. Such facilities shall be located on or near the campus of
the University of Washington in the State of Washington and shall be
provided without regard to the cost-sharing provisions in the
Convention.
Sec. 14. The Northern Pacific Halibut Act of 1937, as amended (50
Stat. 325, 67 Stat. 494, 79 Stat. 902), // 16 USC 772 - 772j. // is
repealed as of the 90th day after the date of enactment of this Act.
Approved May 17, 1982.
LEGISLATIVE HISTORY-S. 2444:
SENATE REPORT No. 97 - 323 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD, Vol. 128 (1982):
Apr. 22, considered and passed Senate.
May 4, considered and passed House.
PUBLIC LAW 97-175, 96 STAT. 77
Missile Range in the State
of New Mexico, to " White Sands Space Harbor".
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the landing strip
known as Northrup Strip, located at White Sands Missile Range in the
State of New Mexico, shall hereafter be known as " White Sands Space
Harbor". Any law, regulation, document, or record of the United States
in which such landing strip is designated or referred to shall be held
and considered to be a reference to " White Sands Space Harbor".
Approved May 11, 1982.
LEGISLATIVE HISTORY-S. 2373:
CONGRESSIONAL RECORD, Vol. 128 (1982):
Apr. 15, considered and passed Senate.
Apr. 27, considered and passed House.
PUBLIC LAW 97-174, 96 STAT. 70, VETERANS' ADMINISTRATION AND
DEPARTMENT OF DEFENSE HEALTH RESOURCES SHARING AND EMERGENCY OPERATIONS
ACT
greater sharing of health-care
resources between the Veterans' Administration and
the Department of Defense
and to direct the Secretary of Defense and the
Administrator of Veterans' Affairs
to plan for the provision of health care by the
Veterans' Administration during
periods of war or national emergency to members of the
Armed Forces on active
duty; 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 // 38 USC
101 // may be cited as the " Veterans' Administration and Department of
Defense Health Resources Sharing and Emergency Operations Act".
Sec. 2. (a) The Congress makes the following findings:
(1) There are opportunities for greater sharing of the
health--, care resources of the Veterans' Administration and the
Department of Defense which would, if achieved, be beneficial to
both veterans and members of the Armed Forces and could result in
reduced costs to the Government by minimizing duplication and
underuse of health-care resources.
(2) Present incentives to encourage such sharing of health--,
care resources are inadequate.
(3) Such sharing of health-care resources can be achieved
without a detrimental effect on the primary health-care
beneficiaries of the Veterans' Administration and the Department
of Defense.
(b) // 38 USC 5011 A // The Congress makes the following further
findings:
(1) During and immediately after a period of war or national
emergency involving the use of the Armed Forces of the United
States in armed conflict, the Department of Defense might not have
adequate health-care resources to care for military personnel
wounded in combat and other active-duty military personnel.
(2) The Veterans' Administration has an extensive,
comprehensive health-care system that could be used to assist the
Department of Defense in caring for such personnel in such a
situation.
Sec. 3. (a) Section 5011 of title 38, United States Code, is
amended--,
(1) by inserting "(a)" before " The Administrator" the first
place it appears;
(2) by striking out "and material" and all that follows through
"this title," and inserting in lieu thereof "material, and other
resources as may be needed to operate such facilities properly,
except that the Administrator may not enter into an agreement that
would result (1) in a permanent reduction in the total number of
authorized Veterans' Administration hospital beds and nursing home
beds to a level below the minimum number of such beds required by
section 5010(a)(1) of this title
// 38 USC 5010. //
to be authorized, or (2) in a permanent reduction in the total
number of such beds operated and maintained to a level below the
minimum number of such beds required by such section to be
operated and maintained"; and
(3) by adding at the end the following new subsections:
"(b)(1) In order to promote the sharing of health-care resources
between the Veterans' Administration and the Department of Defense
(hereinafter in this section referred to as the 'agencies'), there is
established an interagency committee to be known as the Veterans'
Administration/ Department of Defense Health-Care Resources Sharing
Committee (hereinafter in this subsection referred to as the '
Committee').
"(2) The Committee shall be composed of--,
"(A) the Chief Medical Director and such other officers and
employees of the Veterans' Administration as the Chief Medical
Director may designate; and
"(B) the Assistant Secretary of Defense for Health Affairs
(hereinafter in this section referred to as the ' Assistant
Secretary') and such other officers and employees of the
Department of Defense as the Assistant Secretary may designate,
except that the size of the Committee shall be mutually determined by
the Chief Medical Director and the Assistant Secretary. During fiscal
years 1982 and 1983, the Chief Medical Director shall be the chairman of
the Committee. During fiscal year 1984, the Assistant Secretary shall
be the chairman of the Committee. Thereafter, the chairmanship of the
Committee shall alternate each fiscal year between the Chief Medical
Director and the Assistant Secretary. The agencies shall provide
administrative support services for the Committee at a level sufficient
for the efficient operation of the Committee and shall share the
responsibility for the provision of such services on an equitable basis.
"(3) In order to enable the Committee to make recommendations under
paragraph (4) of this subsection, the Committee shall on a continuing
basis--,
"(A) review existing policies, procedures, and practices
relating to the sharing of health-care resources between the
agencies;
"(B) identify and assess further opportunities for the sharing
of health-care resources between the agencies that would not, in
the judgment of the Committee, adversely affect the range of
services, the quality of care, or the established priorities for
care provided by either agency;
"(C) identify changes in policies, procedures, and practices
that would, in the judgment of the Committee, promote such sharing
of health-care resources between the agencies;
"(D) monitor plans of the agencies for the acquisition of
additional health-care resources, including the location of new
facilities and the acquisition of major equipment, in order to
assess the potential impact of such plans on further opportunities
for such sharing of health-care resources; and
"(E) monitor the implementation of activities designed to
promote the sharing of health-care resources between the agencies.
"(4) Within nine months of the date of the enactment of this
subsection and at such times thereafter as the Committee considers
appropriate, the Committee shall make recommendations to the
Administrator or the Secretary of Defense, or both, with respect to (A)
changes in policies, procedures, and practices that the Committee has
identified under paragraph (3)(C) of this subsection pertaining to the
sharing of health-care resources described in such paragraph, and (B)
such other matters as the Committee considers appropriate in order to
promote such sharing of health-care resources.
"(c)(1) After considering the recommendations made under subsection
(b)(4) of this section, the Administrator and the Secretary of Defense
shall jointly establish guidelines to promote the sharing of health-care
resources between the agencies. Guidelines established under this
subsection shall provide for such sharing consistent with the
health-care responsibilities of the Veterans' Administration under this
title and with the health-care responsibilities of the Department of
Defense under chapter 55 of title 10 // 10 USC 1071 // and so as not to
adversely affect the range of services, the quality of care, or the
established priorities for care provided by either agency.
"(2) Guidelines established under paragraph (1) of this subsection
shall authorize the heads of individual medical facilities of the
agencies to enter into health-care resources sharing agreements in
accordance with subsection (d) of this section and shall include
guidelines for such agreements.
"(d)(1) The head of each medical facility of either agency is
authorized to enter into sharing agreements with the heads of medical
facilities of the other agency in accordance with guidelines established
under subsection (c) of this section. Under any such agreement, an
individual who is a primary beneficiary of one agency may be provided
health care at a facility of the other agency that is a party to the
sharing agreement.
"(2) Each such agreement shall identify the health-care resources to
be shared.
"(3) Each such agreement shall provide, and shall specify procedures
designed to ensure, that the availability of direct health care to
individuals who are not primary beneficiaries of the providing agency
(A) is on a referral basis from the facility of the other agency, and
(B) does not (as determined by the head of the facility of the providing
agency) adversely affect the range of services, the quality of care, or
the established priorities for care provided to the primary
beneficiaries of the providing agency.
"(4) Each such agreement shall provide that a providing agency shall
be reimbursed for the cost of the health-care resources provided under
the agreement and that the rate for such reimbursement shall be
determined in accordance with the methodology agreed to pursuant to
subsection (e) of this section.
"(5) Each proposal for an agreement under paragraph (1) of this
subsection shall be submitted to the Chief Medical Director and the
Assistant Secretary and shall be effective as an agreement in accordance
with its terms (A) on the forty-sixth day after the receipt of such
proposal by both such officials, unless earlier disapproved by either
such official, or (B) if earlier approved by both such officials, on the
date of such approval.
"(e) Reimbursement under any sharing agreement entered into under
subsection (d) of this section shall be based upon a methodology that is
agreed upon by the Chief Medical Director and the Assistant Secretary
and that provides appropriate flexibility to the heads of the facilities
concerned to take into account local conditions and needs and the actual
costs to the providing agency's facility of the health-care resources
provided. Any funds received through such a reimbursement shall be
credited to funds that have been allotted to the facility that provided
the care or services.
"(f) At the time the President's Budget is transmitted to Congress in
any year pursuant to section 201(a) of the Budget and Accounting Act,
1921 (31 U.S.C. 11(a)), the Administrator and the Secretary of Defense
shall submit a joint report to Congress on the implementation of this
section during the fiscal year that ended during the previous calendar
year. Each such report shall include--,
"(1) the guidelines prescribed under subsection (c) of this
section (and any revision of such guidelines);
"(2) the assessment of further opportunities identified under
clause (B) of subsection (b)(3) of this section for sharing of
health-care resources between the agencies;
"(3) any recommendation made under subsection (b)(4) of this
section during such fiscal year;
"(4) a review of the sharing agreements entered into under
subsection (d) of this section and a summary of activities under
such agreements during such fiscal year;
"(5) a summary of other planning and activities involving
either agency in connection with promoting the coordination and
sharing of Federal health-care resources during the preceding
fiscal year; and
"(6) such recommendations for legislation as the Administrator
and the Secretary consider appropriate to facilitate the sharing
of health-care resources between the agencies.
"(g) For the purposes of this section:
"(1) The term 'beneficiary' means a person who is a primary
beneficiary of the Veterans' Administration or of the Department
of Defense.
"(2) The term 'direct health care' means health care provided
to a beneficiary in a medical facility operated by the Veterans'
Administration or the Department of Defense.
"(3) The term 'head of a medical facility' (A) with respect to
a medical facility of the Veterans' Administration, means the
director of the facility, and (B) with respect to a medical
facility of the Department of Defense, means the medical or dental
officer in charge or the contract surgeon in charge.
"(4) The term 'health-care resource' includes hospital care,
medical services, and rehabilitative services, as those terms are
defined in paragraphs (5), (6), and (8), respectively, of section
601 of this title, any other health-care service, and any
health--, care support or administrative resource.
"(5) The term 'primary beneficiary' (A) with respect to the
Veterans' Administration means a person who is eligible under this
title (other than under section 611(b) or 613
// 38 USC 611, 613. //
or subsection (d) of this section) or any other provision of law
for care or services in Veterans' Administration medical
facilities, and (B) with respect to the Department of Defense,
means a member or former member of the Armed Forces who is
eligible for care under section 1074 of title 10.
"(6) The term 'providing agency' means the Veterans'
Administration, in the case of care or services furnished by a
facility of the Veterans' Administration, and the Department of
Defense, in the case of care or services furnished by a facility
of the Department of Defense.".
(b)(1) The heading of such section // 38 USC 5011. // is amended to
read as follows:
" Section 5011. Sharing of Veterans' Administration and Department
of Defense health-care resources".
(2) The item relating to such section in the table of sections at the
beginning of chapter 81 of such title is amended to read as follows:
"5011. Sharing of Veterans' Administration and Department of Defense
health-care resources.".
(c) The Assistant Secretary of Defense for Health Affairs shall
consult regularly with the Surgeons General of the Army, Navy, and Air
Force in carrying out the duties and functions assigned to the Assistant
Secretary in section 5011 of title 38, United States Code, as amended by
subsection (a) of this section.
(d) The guidelines required to be established under subsection (c) of
section 5011 of title 38, United States Code, // 38 USC 5011 // as added
by subsection (a) of this section, shall initially be established not
later than twelve months after the date of the enactment of this Act.
Sec. 4. (a) Chapter 81 of title 38, United States Code, is amended
by inserting after section 5011 the following new section:
" Section 5011 A. // 38 USC 5011 A. // Furnishing of health-care
services to members of the Armed Forces during a war or national
emergency
"(a)(1) During and immediately following a period of war, or a period
of national emergency declared by the President or the Congress that
involves the use of the Armed Forces in armed conflict, the
Administrator may furnish hospital care, nursing home care, and medical
services to members of the Armed Forces on active duty. The
Administrator may give a higher priority to the furnishing of care and
services under this section than to the furnishing of care and services
to any other group of persons eligible for care and services in medical
facilities of the Veterans' Administration with the exception of
veterans with service-connected disabilities.
"(2) For the purposes of this section, the terms 'hospital care',
'nursing home care', and 'medical services' have the meanings given such
terms by sections 601(5), 101(28), and 601(6) of this title, // 38 USC
601, 101. // respectively.
"(b)(1) During a period in which the Administrator is authorized to
furnish care and services to members of the Armed Forces under
subsection (a) of this section, the Administrator, to the extent
authorized by the President and subject to the availability of
appropriations or reimbursements under subsection (c) of this section,
may enter into contracts with private facilities for the provision
during such period by such facilities of hospital care and medical
services described in paragraph (2) of this subsection.
"(2) Hospital care and medical services referred to in paragraph (1)
of this subsection are--,
"(A) hospital care and medical services authorized under this
title for a veteran and necessary for the care or treatment of a
condition for which the veteran is receiving medical services at a
Veterans' Administration facility under subsection (f) or (g) of
section 612 of this title,
// 38 USC 612. //
in a case in which the delay involved in furnishing such care or
services at such Veterans' Administration facility or at any other
Veterans' Administration facility reasonably accessible to the
veteran would, in the judgment of the Chief Medical Director, be
likely to result in a deterioration of such condition; and
"(B) hospital care for a veteran who--,
// 38 USC 610. //
or
if Veterans' Administration facilities are not capable of
furnishing or continuing to furnish the care required because of
the furnishing of care and services to members of the Armed Forces
under subsection (a) of this section.
"(c)(1) The cost of any care or services provided by the Veterans'
Administration under subsection (a) of this section shall be reimbursed
to the Veterans' Administration by the Department of Defense at such
rates as may be agreed upon by the Administrator and the Secretary of
Defense based on the cost of the care or services provided.
"(2) Amounts received under this subsection shall be credited to
funds allotted to the Veterans' Administration facility that provided
the care or services.
"(d)(1) Not later than six months after the date of the enactment of
this section, the Administrator and the Secretary of Defense shall enter
into an agreement to plan and establish procedures and guidelines for
the implementation of this section. Not later than one year after the
date of the enactment of this section, the Administrator and the
Secretary shall complete plans for such implementation and shall submit
such plans to the Committees on Veterans' Affairs and on Armed Services
of the Senate and House of Representatives.
"(2) The Administrator and the Secretary of Defense shall jointly
review such plans not less often than annually thereafter and shall
report to such committees any modification in such plans within thirty
days after the modification is agreed to.
"(e) The Administrator shall prescribe regulations to govern any
exercise of the authority of the Administrator under subsections (a) and
(b) of this section and of the Chief Medical Director under subsection
(b)(2)(A) of this section.
"(f) Within thirty days after a declaration of a period of war or
national emergency described in subsection (a) of this section (or as
soon after the end of such thirty-day period as is reasonably
practicable), the Administrator shall submit to the Committees on
Veterans' Affairs of the Senate and House of Representatives a report on
the Administrator's allocation of facilities and personnel in order to
provide priority hospital care, nursing home care, and medical services
under this section to members of the Armed Forces. Thereafter, with
respect to any fiscal year in which the authority in subsection (b) of
this section to enter into contracts with private facilities has been
used, the Administrator shall report within ninety days after the end of
such fiscal year to those committees regarding the extent of, and the
circumstances under which, such authority was used.".
(b) The table of sections at the beginning of such chapter is amended
by inserting after the item relating to section 5011 the following new
item:
"5011 A. Furnishing of health-care services to members of the Armed
Forces during a war or national emergency.".
Sec. 5. (a) Section 1786(a) of title 38, United States Code, is
amended by adding at the end the following new paragraph:
"(3) Notwithstanding any other provision of law unless enacted in
express limitation of this paragraph, funds in the Veterans'
Administration readjustment benefits account shall be available for
payments under paragraph (1) of this subsection for pursuit of a program
of education exclusively by correspondence in which the veteran or
spouse or surviving spouse enrolls after September 30, 1981.".
(b) The amendment made by subsection (a) of this section // 38 USC
1786 // shall take effect as of October 1, 1981.
Sec. 6. The Veterans' Administration medical center located at 1481
West 10th Street, Indianapolis, Indiana, shall after the date of the
enactment of this Act be known and designated as the " Richard L.
Roudebush Veterans' Administration Medical Center". Any reference to
such medical center in any law, regulation, document, map, record, or
other paper of the United States shall after such date be deemed to be a
reference to the Richard L. Roudebush Veterans' Administration Medical
Center.
Approved May 4, 1982.
LEGISLATIVE HISTORY-S. 266 (H.R. 3502):
HOUSE REPORTS: No. 97 - 72, Pt. I (Comm. on Veterans' Affairs) and
Pt. II (Comm. on Armed Services) both accompanying H.R. 3502.
SENATE REPORTS: No. 97 - 137 (Comm. on Governmental Affairs) and No.
97 - 196 (Comm. on Veterans' Affairs).
CONGRESSIONAL RECORD:
Vol. 127 (1981): Oct. 27, considered and passed Senate. Nov.
4, considered and passed House, amended, in lieu of H.R. 3502.
Vol. 128 (1982): Apr. 1, Senate agreed to House amendments
with amendments. Apr. 20, House concurred in Senate amendments.
PUBLIC LAW 97-173, 96 STAT. 69
proclamation designating April 25
through May 2, 1982, as " Jewish Heritage Week".
Whereas the Congress recognizes that an understanding of the heritage
of all American ethnic groups contributes to the unity of our country;
and
Whereas intergroup understanding can be further fostered through an
appreciation of the culture, history, and traditions of the Jewish
community and the contributions of Jews to our country and society; and
Whereas the months of April and May contain events of major
significance in the Jewish calendar-Passover, the anniversary of the
Warsaw Ghetto Uprising, Israeli Independence Day, Solidarity Sunday for
Soviet Jewry, and Jerusalem Day: 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 April 25
through May 2, 1982, as " Jewish Heritage Week" and calling upon the
people of the United States, State and local government agencies, and
interested organizations to observe that week with appropriate
ceremonies, activities, and programs.
Approved April 28, 1982.
LEGISLATIVE HISTORY-H.J. Res. 448:
CONGRESSIONAL RECORD, Vol. 128 (1982):
Apr. 22, considered and passed House and Senate.
PUBLIC LAW 97-172, 96 STAT. 68
Whereas the health and safety of childbearing families is of
paramount importance in our society;
Whereas nurse-midwives have practiced in this country since coming to
the mountains of eastern Kentucky in 1925;
Whereas the Federal Government has a long history of support for the
nurse-midwifery practice and education;
Whereas certified nurse-midwives have demonstrated their ability to
give high-quality care to normal mothers and babies throughout the
maternity cycle, and their emphasis on health teaching and high-quality
care for well mothers and babies makes them a valuable part of the
health care team and makes their services increasingly in demand by the
public;
Whereas nurse-midwifery care has a proven record in reducing infant
morbidity and mortality;
Whereas nurse-midwifery care has been demonstrated to be cost
effective for families and for the Nation;
Whereas childbearing families have found nurse-midwives responsive to
their wishes for more participatory maternity care; and
Whereas the Congress has already recognized the autonomous practice
of certified nurse-midwives under both medicaid and the Department of
Defense civilian health and medical program of the uniformed services
(CHAMPUS): Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That Congress declares April 19
to 26, 1982, as National Nurse-Midwifery Week, and Congress recognizes
the unique contribution that nurse-midwives have made to mothers and
babies in the United States during the past half century.
Approved April 16, 1982.
LEGISLATIVE HISTORY-S.J. Res. 67:
CONGRESSIONAL RECORD:
Vol. 127 (1981): Sept. 25, considered and passed Senate.
Vol. 128 (1982): Apr. 1, considered and passed House.
PUBLIC LAW 97-171, 96 STAT. 67
to permit an officer or
employee of the United States Government, injured
during an assination
attempt, to receive contributions from charitable
organizations.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 209 of
title 18, United States Code, is amended by adding a new subsection as
follows:
"(f) This section does not prohibit acceptance or receipt, by any
officer or employee injured during the commission of an offense
described in section 351 or 1751 of this title, of contributions or
payments from an organization which is described in section 501(c)(3) of
the Internal Revenue Code of 1954 and which is exempt from taxation
under section 501(a) of such Code.". // 26 USC 501. //
Approved April 13, 1982.
LEGISLATIVE HISTORY-S. 2333:
CONGRESSIONAL RECORD, Vol. 128 (1982):
Apr. 1, considered and passed Senate and House.
PUBLIC LAW 97-170, 96 STAT. 66
Friendship Day".
Whereas on April 19, 1782, in The Hague, the Netherlands, Prince
William V of Orange and the States-General officially recognized the
ambassadorial credentials of John Adams, thereby establishing formal
diplomatic relations between the new government of the United States and
the Netherlands;
Whereas the diplomatic relationship between the United States and the
Netherlands is the longest such relationship between the United States
and any foreign country;
Whereas the historical relationship between the American and Dutch
peoples began approximately four hundred years ago, when the Pilgrims
resided in the Netherlands for ten years before sailing to the New
World;
Whereas Americans of Dutch descent, including Presidents Martin Van
Buren, Theodore Roosevelt, and Franklin Delano Roosevelt, have made
significant contributions to the United States; and
Whereas the bond of friendship between the American and Dutch peoples
serves as a model for the good relations that should exist among all
peoples of the world: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That April 19, 1982, hereby is
designated " Dutch-American Friendship Day", and the President of the
United States is authorized and requested to issue a proclamation
calling upon the people of the United States to observe such day with
appropriate ceremonies and activities.
Approved April 12, 1982.
LEGISLATIVE HISTORY-H.J. Res. 410:
CONGRESSIONAL RECORD, Vol. 128 (1982):
Mar. 30, considered and passed House.
Mar. 31, considered and passed Senate.
PUBLIC LAW 97-169, 96 STAT. 65
month of April 1982 as
" Parliamentary Emphasis Month".
Whereas the use of parliamentary procedure in the meetings of private
and public organizations in this country promotes orderly deliberation
and protects both individual rights and majority rule, cardinal
principles of governance in the United States; and
Whereas April is the birth month of Thomas Jefferson, author of the
first comprehensive manual on parliamentary practice in this country:
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 designate the month of April 1982, as "
Parliamentary Emphasis Month", to call upon Federal, State and local
government agencies, and the people of the United States to observe the
month with appropriate programs, ceremonies, and activities, and to urge
them to promote democratic processes and efficient organization of
meetings through parliamentary practice.
Approved April 6, 1982.
LEGISLATIVE HISTORY-S.J. Res. 102:
CONGRESSIONAL RECORD:
Vol. 127 (1981): July 29, considered and passed Senate.
Vol. 128 (1982): Apr. 1, considered and passed House.
PUBLIC LAW 97-168, 96 STAT. 63
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That, notwithstanding
any other provision of law, the Secretary of Agriculture (hereinafter
referred to as the " Secretary") is hereby authorized to exchange the
parcel of land and improvements described in section 2 (parcel A)
currently owned by the United States, for the parcel of land described
in section 3 (parcel B) and any improvements thereon, currently owned by
Richard Hendricks of Preston, Idaho. Such exchange shall be made without
additional consideration and in lieu of receiving monetary payment.
Sec. 2. For the purposes of this Act, parcel A shall consist of the
following described tract of land consisting of approximately 81.78
acres: Township 33 north, range 119 west, 6th principal meridian,
Lincoln County, Wyoming, section 14, southeast quarter northwest quarter
and southwest quarter northeast quarter, containing approximately 80
acres, and township 35 north, range 119 west, 6th principal meridian,
Lincoln County, Wyoming, section 28, beginning at the southwest corner
of lot 2, thence north 15 rods, thence east 19 rods, thence south 15
rods, thence west 19 rods to the point of beginning.
Sec. 3. For the purpose of this Act, parcel B shall consist of the
following described tract of land, consisting of approximately 5.9
acres: That portion of the southeast quarter southwest quarter of
section 8, township 9 south, range 42 east, Boise meridian, Caribou
County, Idaho, beginning at the southeast corner of the southeast
quarter southwest quarter of section 8, thence west 306 feet, more or
less, to an intersection with the easterly right-of-way of the Oregon
Shortline Railroad, said point being 100 feet easterly measured at right
angles from the centerline of the main track of said railroad, thence
north 7 degrees 10 minutes east, being parallel to and 100 feet easterly
from said centerline of main track, 131 feet to a point of spiral;
thence northerly along a curve to the left, the said centerline of main
track has a spiral angle of 3 degrees 30 minutes with 6x38 foot chords,
a distance of 232 feet to a point of spiral curve; thence along a curve
to the left with a radius of 2,010.1 feet a distance of 520 feet;
thence south 87 degrees 22 minutes east a distance of 269 feet, thence
north 428 feet, more or less; thence east 30 feet; thence south along
the east line of said southeast quarter southwest quarter 1,320 feet,
more or less, to the point of beginning.
Sec. 4. Upon the conveyance of parcel B and any improvements thereon
from Richard Hendricks by warranty deed to the United States acting
through the Secretary, the Secretary is authorized and directed to
convey by quitclaim deed, all right, title, and interest of the United
States in parcel A to Richard Hendricks: Provided, That the conveyance
of parcel A shall be subject to valid existing rights of third parties
and a reservation by the United States of all mineral interests and of
the existing road right of way in land section 14: And provided
further, That the conveyance of parcel B to the United States may be
subject to a reservation of all mineral interests therein to Richard
Hendricks.
Sec. 5. The lands acquired by the Secretary by this Act shall, upon
acquisition, become part of the Caribou National Forest and shall be
administered in accordance with the laws, rules, and regulations
applicable to the National Forest System.
Approved April 6, 1982.
LEGISLATIVE HISTORY-S. 634:
HOUSE REPORT No. 97 - 439 (Comm. on Interior and Insular Affairs).
SENATE REPORT No. 97 - 182 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
Vol. 127 (1981): Sept. 22, considered and passed Senate.
Vol. 128 (1982): Mar. 16, considered and passed House,
amended. Mar. 25, Senate concurred in House amendments.
PUBLIC LAW 97-167, 96 STAT. 61
" American Salute to Cabanatuan
Prisoner of War Memorial Day".
Whereas April 9, 1982, is the fortieth anniversary of the fall of
Bataan and Corregidor in the Philippines to the Japanese Imperial Army
during World War II;
Whereas approximately thirty-six thousand Americans were captured by
the Japanese at the fall;
Whereas these Americans, along with Filipinos captured by the
Japanese, were forced to march without food and water for up to ten days
on the Bataan Death March to Camp O' Donnell, a prisoner of war camp;
Whereas the International War Crimes Commission reports that ten
thousand three hundred people, including women and children, died on
that march;
Whereas the survivors of that march, along with other Americans and
Filipinos captured by the Japanese in the Philippines, were taken to a
prisoner of war camp in central Luzon named Cabanatuan;
Whereas the treatment of prisoners of war at Cabanatuan was
extraordinarily cruel and inhumane and resulted in the death of over
three thousand American prisoners of war during the period beginning May
1942 and ending February 1945;
Whereas the prisoners of war at Cabanatuan were liberated on
September 2, 1945;
Whereas of the thirty-six thousand Americans who were captured at the
fall of Bataan and Corregidor, only between six thousand to seven
thousand survived until such date of liberation; and
Whereas approximately three thousand fifteen Americans who survived
the Bataan Death March and imprisonment at Cabanatuan are living today:
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 directed
to issue a proclamation designating April 12, 1982, as " American Salute
to Cabanatuan Prisoner of War Memorial Day" and calling on the people of
the United States to observe such day with appropriate ceremonies and
activities.
Approved April 6, 1982.
LEGISLATIVE HISTORY-H.J. Res. 435.
CONGRESSIONAL RECORD, Vol. 128 (1982):
Apr. 1, considered and passed House and Senate.
PUBLIC LAW 97-166, 96 STAT. 60
proclamation designating April 4,
1982, as the " National Day of Reflection".
Whereas the Congress recognizes the historical tradition of ethical
values and principles which are the basis of civilized society and upon
which our great Nation was founded;
Whereas these ethical values and principles which, from the dawn of
civilization when they were known as the Seven Noahide Laws, have been
the bedrock of society without which the edifice of civilization stands
in serious peril of returning to chaos;
Whereas society is presently profoundly concerned with the weakening
of these principles that has resulted in crises that beleaguer and
threaten the fabric of civilized society; and
Whereas the justified preoccupation with these crises must not let
the citizens of this Nation lose sight of their responsibility of
transmitting these historical ethical values from our distinguished past
to the generations of the future, and need occasional reminder of this
duty and privilege: 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 to issue a proclamation designating April 4, 1982, which this
year coincides with the eightieth birthday of Rabbi Menachem Mendel
Schneerson, universally respected and revered leader and head of the
worldwide Lubavitch movement, who has done so much to foster and promote
these ethical values and principles, as the " National Day of
Reflection".
Approved April 3, 1982.
LEGISLATIVE HISTORY-H.J. Res. 272:
CONGRESSIONAL RECORD, Vol. 128 (1982):
Mar. 11, considered and passed House.
Mar. 30, considered and passed Senate.
PUBLIC LAW 97-165, 96 STAT. 59
proclamation designating April 4
through 10, 1982, " National Medic Alert Week".
Whereas approximately forty million Americans, nearly one-fifth of
our Nation's population, are afflicted with diabetes, heart conditions,
epilepsy, allergies, or other medical problems the symptoms of which, in
emergency situations, are difficult to detect or are not readily
associated with such medical problems; and
Whereas many such Americans suffer avoidable injury or death each
year because of the delay which is frequently involved in the proper
diagnosis and treatment of such hidden medical problems in emergency
situations; and
Whereas special emergency identification and information services are
available which are designed with the needs of victims of such hidden
medical conditions specifically in mind; and
Whereas these emergency identification and information systems have
been credited with saving the lives of more than two thousand people
afflicted by hidden medical conditions each year: 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 April 4
through 10, 1982, " National Medic Alert Week", and calling upon the
people of the United States and upon interested associations and
organizations to observe such week with appropriate ceremonies and
activities.
Approved April 3, 1982.
LEGISLATIVE HISTORY-H.J. Res. 447:
CONGRESSIONAL RECORD, Vol. 128 (1982):
Mar. 30, considered and passed House.
Mar. 31, considered and passed Senate.
PUBLIC LAW 97-164, 96 STAT. 25, FEDERAL COURTS IMPROVEMENT ACT of
1982
To establish a United States Court of Appeals for the Federal
Circuit, to establish a
United States Claims Court, 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
u // may be cited as the " Federal Courts Improvement Act of 1982".
Sec. 101. Section 41 of title 28, United States Code, as amended by
the Fifth Circuit Court of Appeals Reorganization Act of 1980 (Public
Law 96 - 452; 94 Stat. 1994), is amended by striking out "twelve" and
inserting in lieu thereof "thirteen" and by adding at the end thereof
the following:
" Federal All Federal judicial districts.".
Sec. 102. (a) Section 44(a) of title 28, United States Code, as
amended by the Fifth Circuit Court of Appeals Reorganization Act of 1980
(Public Law 96 - 452; 94 Stat. 1994), is amended by adding at the end
thereof the following:
" Federal 12".
(b) Section 44(c) of title 28, United States Code, is amended by
adding the following sentence at the end thereof: " While in active
service, each circuit judge of the Federal judicial circuit appointed
after the effective date of this Act, and the chief judge of the Federal
judicial circuit, whenever appointed, shall reside within fifty miles of
the District of Columbia.".
Sec. 103. (a) Section 46(a) of title 28, United States Code, is
amended by striking out "divisions" and inserting in lieu thereof
"panels".
(b) Section 46(b) of title 28, United States Code, is amended--,
(1) by striking out "divisions" each place it appears and
inserting in lieu thereof "panels";
(2) by inserting immediately before the period at the end of
the first sentence the following: ", at least a majority of whom
shall be judges of that court, unless such judges cannot sit
because recused or disqualified, or unless the chief judge of that
court certifies that there is an emergency including, but not
limited to, the unavailability of a judge of the court because of
illness"; and
(3) by adding at the end thereof the following new sentence: "
The United States Court of Appeals for the Federal Circuit shall
determine by rule a procedure for the rotation of judges from
panel to panel to ensure that all of the judges sit on a
representative cross section of the cases heard and,
notwithstanding the first sentence of this subsection, may
determine by rule the number of judges, not less than three, who
constitute a panel.".
(c) The first sentence of section 46(c) of title 28, United States
Code, is amended by inserting immediately after "three judges" the
following: "(except that the United States Court of Appeals for the
Federal Circuit may sit in panels of more than three judges if its rules
so provide)".
(d) Section 46(d) of title 28, United States Code, is amended by
striking out "division" and inserting in lieu thereof "panel".
Sec. 104. (a) Section 48 of title 28. United States Code, is amended
by striking out the first two sentences and inserting in lieu thereof
the following:
"(a) The courts of appeals shall hold regular sessions at the places
listed below, and at such other places within the respective circuit as
each court may designate by rule.".
(b) Section 48 of title 28, United States Code, as amended by the
Fifth Circuit Court of Appeals Reorganization Act of 1980 (Public Law 96
- 452; 94 Stat. 1994), is amended further by inserting at the end of
the table of circuits and places the following:
" Federal District of Columbia, and in any other
place listed above as the
court by rule
directs.".
(c) Section 48 of title 28, United States Code, is amended further by
striking out the final paragraph and inserting in lieu thereof the
following:
"(b) Each court of appeals may hold special sessions at any place
within its circuit as the nature of the business may require, and upon
such notice as the court orders. The court may transact any business at
a special session which it might transact at a regular session.
"(c) Any court of appeals may pretermit, with the consent of the
Judicial Conference of the United States, any regular session of court
at any place for insufficient business or other good cause.
"(d) The times and places of the sessions of the Court of Appeals for
the Federal Circuit shall be prescribed with a view to securing
reasonable opportunity to citizens to appear before the court with as
little inconvenience and expense to citizens as is practicable.".
Sec. 105. (a) Chapter 7 of title 28, United States Code, is amended
to read as follows:
" Sec.
"171. Appointment and number of judges; character of court;
designation of chief judge.
"172. Tenure and salaries of judges.
"173. Times and places of holding court.
"174. Assignment of judges; decisions.
"175. Official duty station; residence.
"176. Removal from office.
"177. Disbarment of removed judges.
" Section 171. // 28 USC 171. //
Appointment and number of judges; character of court; designation
of chief judge
"(a) The President shall appoint, by and with the advice and consent
of the Senate, sixteen judges who shall constitute a court of record
known as the United States Claims Court. The court is declared to be a
court established under article I of the Constitution of the United
States.
"(b) The President shall designate one of the judges of the Claims
Court who is less than seventy years of age to serve as chief judge.
The chief judge may continue to serve as such until he reaches the age
of seventy years or until another judge is designated as chief judge by
the President. After the designation of another judge to serve as chief
judge, the former chief judge may continue to serve as a judge of the
court for the balance of the term to which appointed.
" Section 172. // 28 USC 172. //
Tenure and salaries of judges
"(a) Each judge of the United States Claims Court shall be appointed
for a term of fifteen years.
"(b) Each judge shall receive a salary at an annual rate determined
under section 225 of the Federal Salary Act of 1967 (2 U.S.C. 351 -
361), as adjusted by section 461 of this title.
" Section 173. // 28 USC 173. //
Times and places of holding court
" The principal office of the United States Claims Court shall be in
the District of Columbia, but the Claims Court may hold court at such
times and in such places as it may fix by rule of court. The times and
places of the sessions of the Claims Court shall be prescribed with a
view to securing reasonable opportunity to citizens to appear before the
Claims Court with as little inconvenience and expense to citizens as is
practicable.
" Section 174. // 28 USC 174. //
Assignment of judges; decisions
"(a) The judicial power of the United States Claims Court with
respect to any action, suit, or proceeding, except congressional
reference cases, shall be exercised by a single judge, who may preside
alone and hold a regular or special session of court at the same time
other sessions are held by other judges.
"(b) All decisions of the Claims Court shall be preserved and open to
inspection.
" Section 175. // 28 USC 175. //
Official duty station; residence
"(a) The official duty station of each judge of the United States
Claims Court is the District of Columbia.
"(b) After appointment and while in active service, each judge shall
reside within fifty miles of the District of Columbia.
" Section 176. // 28 USC 176. //
Removal from office
"(a) Removal of a judge of the United States Claims Court during the
term for which he is appointed shall be only for incompetency,
misconduct, neglect of duty, engaging in the practice of law, or
physical or mental disability. Removal shall be by the United States
Court of Appeals for the Federal Circuit, but removal may not occur
unless a majority of all the judges of such court of appeals concur in
the order of removal.
"(b) Before any order of removal may be entered, a full specification
of the charges shall be furnished to the judge involved, and such judge
shall be accorded an opportunity to be heard on the charges.
"(c) Any cause for removal of any judge of the United States Claims
Court coming to the knowledge of the Director of the Administrative
Office of the United States Courts shall be reported by him to the chief
judge of the United States Court of Appeals for the Federal Circuit, and
a copy of the report shall at the same time be transmitted to the judge.
" Section 177. // 28 USC 177. //
Disbarment of removed judges
" A judge of the United States Claims Court removed from office in
accordance with section 176 of this title shall not be permitted at any
time to practice before the Claims Court.".
"(b) The item relating to chapter7 in the chapter analysis of part I
of title 28, United States Code, is amended to read as follows:
"7. United States Claims Court 171".
CUSTOMS AND
PATENT APPEALS
Sec. 106. Chapter 9 of title 28, United States Code, // 28 USC 221
// and the item relating to chapter 9 in the chapter analysis of part I
of such title, are repealed.
Sec. 107. Section 256(b) of title 28, United States Code, is amended
by striking out "section 1541(b)" and all that follows through "in that
section." and inserting in lieu thereof the following: "section
1292(d)(1) of this title, and the United States Court of Appeals for the
Federal Circuit may, in its discretion, consider the appeal.".
Sec. 108. (a) Subsection (b) of section 291 of title 28, United
States Code, is repealed.
(b) Subsection (c) of such section is amended by striking out "(c)"
and inserting in lieu thereof "(b)".
Sec. 109. Section 292(e) of title 28, United States Code, is amended
by striking out "the Court of Claims, the Court of Customs and Patent
Appeals or" and by striking out "in which the need arises".
Sec. 110. (a) Section 293 of title 28, United States Code, is
amended--,
(1) by repealing subsections (a), (c), and (d);
(3) by redesignating subsection (e), as that subsection will
become effective on April 1, 1984, as subsection (b).
(b) The section heading of section 293 of title 28, United States
Code, is amended to reas as follows:
" Sections 293. Judges of the Court of International Trade".
(c) The item relating to section 293 in the section analysis of
chapter 13 of title 28, United States Code, is amended to read as
follows:
"293. Judges of the Court of International Trade.".
(d) Section 160(a) of title 28, United States Code, as that section
will become effective on April 1, 1984, is amended by striking out
"293(e)" and inserting in lieu thereof "293(b)".
Sec. 111. Section 331 of title 28, United States Code, is amended--,
(1) in the first paragraph, by striking out ", the chief judge
of the Court of Claims, the chief judge of the Court of Customs
and Patent Appeals,"; and
(2) in the third paragraph, by striking out the second
sentence.
Sec. 112. (a) Section 372(a) of title 28, United States Code, is
amended--,
(1) in the third paragraph, by striking out " Court of Claims,
Court of Customs and Patent Appeals, or"; and
(2) in the fifth paragraph, by striking out " Court of Claims,
Court of Customs and Patent Appeals, or".
(b) Section 372(b) of title 28, United States Code, is amended by
striking out " Court of Claims, Court of Customs and Patent Appeals, or"
each place it appears.
(c) Section 372(c)(17) of title 28, United States Code, is amended by
striking out " Court of Claims, the Court of Customs and Patent Appeals,
and the Customs Court" and inserting in lieu thereof " United States
Claims Court, the Court of International Trade, and the Court of Appeals
for the Federal Circuit".
Sec. 113 Section 415 of title 28, United States Code, and the item
relating to section 415 in the section analysis of chapter 19 of such
title, are repealed.
Sec. 114. Section 451 of title 28, United States Code (including
that section as it will become effective on April 1, 1984), is
amended--,
(1) in the first definition, relating to court of the United
States, by striking out "the Court of Claims, the Court of Customs
and Patent Appeals,"; and
(2) in the third definition, relating to judge of the United
States, by striking out " Court of Claims, Court of Customs and
Patent Appeals,".
Sec. 115. (a)(1) Section 456 of title 28, United States Code
(including that section as it will become effective on April 1, 1984),
is amended to read as follows:
" Sections 456. Traveling expenses of justices and judges; official
duty stations
"(a) The Director of the Administrative Office of the United States
Courts shall pay each justice or judge of the United States, and each
retired justice or judge recalled or designated and assigned to active
duty, while attending court or transacting official business at a place
other than his official duty station for any continuous period of less
than thirty calendar days (1) all necessary transportation expenses
certified by the justice or judge; and (2) a per diem allowance for
travel at the rate which the Director establishes not to exceed the
maximum per diem allowance fixed by section 5702(a) of title 5, or in
accordance with regulations which the Director shall prescribe with the
approval of the Judicial Conference of the United States, reimbursement
for his actual and necessary expenses of subsistence not in excess of
the maximum amount fixed by section 5702 of title 5. The Director of
the Administrative Office of the United States Courts shall also pay
each justice or judge of the United States, and each retired justice or
judge recalled or designated and assigned to active duty, while
attending court or transacting official business under an assignment
authorized under chapter 13 of this title // 28 USC 291 // which exceeds
in duration a continuous period of thirty calendar days, all necessary
transportation expenses and actual and necessary expenses of subsistence
actually incurred, notwithstanding the provisions of section 5702 of
title 5, in accordance with regulations which the Director shall
prescribe with the approval of the Judicial Conference of the United
States.
"(b) The official duty station of the Chief Justice of the United
States, the Justices of the Supreme Court of the United States, and the
judges of the United States Court of Appeals for the District of
Columbia Circuit, the United States Court of Appeals for the Federal
Circuit, and the United States District Court for the District of
Columbia shall be the District of Columbia.
"(c) The official duty station of the judges of the United States
Court of International Trade shall be New York City.
"(d) The official duty station of each district judge shall be that
place where a district court holds regular sessions at or near which the
judge performs a substantial portion of his judicial work, which is
nearest the place where he maintains his actual abode in which he
customarily lives.
"(e) The official duty station of a circuit judge shall be that place
where a circuit or district court holds regular sessions at or near
which the judge performs a substantial portion of his judicial work, or
that place where the Director provides chambers to the judge where he
performs a substantial portion of his judicial work, which is nearest
the place where he maintains his actual abode in which he customarily
lives.
"(f) The official duty station of a retired judge shall be
established in accordance with section 374 of this title. // 28 USC 374.
//
"(g) Each circuit or district judge whose official duty station is
not fixed expressly by this section shall notify the Director of the
Administrative Office of the United States Courts in writing of his
actual abode and official duty station upon his appointment and from
time to time thereafter as his official duty station may change.".
(2) The item relating to section 456 in the section analysis of
chapter 21 of title 28, United States Code, is amended to read as
follows:
"456. Traveling expenses of justices and judges; official duty
stations.".
(b)(1) Section 460 of title 28, United States Code, is amended to
read as follows:
" Sections 460. Application to other courts
"(a) Sections 452 through 459 and section 462 of this chapter shall
also apply to the United States Claims Court, to each court created by
Act of Congress in a territory which is invested with any jurisdiction
of a district court of the United States, and to the judges thereof.
"(b) The official duty station of each judge referred to in
subsection (a) which is not otherwise established by law shall be that
place where the court holds regular sessions at or near which the judge
performs a substantial portion of his judicial work, which is nearest
the place where he maintains his actual abode in which he customarily
lives.".
(2) The item relating to section 460 in the section analysis of
chapter 21 of title 28, United States Code, is amended to read as
follows:
"460. Application to other courts.".
(c)(1) Chapter 21 of title 28, United States Code, is amended by
adding at the end thereof the following new section:
" Sections 462. // 28 USC 462. // Court accommodations
"(a) Sessions of courts of the United States (except the Supreme
Court) shall be held only at places where the Director of the
Administrative Office of the United States Courts provides
accommodations, or where suitable accommodations are furnished without
cost to the judicial branch.
"(b) The Director of the Administrative Office of the United States
Courts shall provide accommodations, including chambers and courtrooms,
only at places where regular sessions of court are authorized by law to
be held, but only if the judicial council of the appropriate circuit has
approved the accommodations as necessary.
"(c) The limitations and restrictions contained in subsection (b) of
this section shall not prevent the Director from furnishing chambers to
circuit judges at places where Federal facilities are available when the
judicial council of the circuit approves.
"(d) The Director of the Administrative Office of the United States
Courts shall provide permanent accommodations for the United States
Court of Appeals for the Federal Circuit and for the United States
Claims Court only at the District of Columbia. However, each such court
may hold regular and special sessions at other places utilizing the
accommodations which the Director provides to other courts.
"(e) The Director of the Administrative Office of the United States
Courts shall provide accommodations for probation officers, pretrail
service officers, and Federal Public Defender Organizations at such
places as may be approved by the judicial council of the appropriate
circuit.
"(f) Upon the request of the Director, the Administrator of General
Services is authorized and directed to provide the accommodations the
Director requests, and to close accommodations which the Director
recommends for closure with the approval of the Judicial Conference of
the United States.".
(2) The section analysis of chapter 21 of title 28, United States
Code, is amended by adding at the end thereof the following new item:
"462. Court accommodations.".
(3) Section 142 of title 28, United States Code, and the item
relating to section 142 in the section analysis of chapter 5 of such
title, are repealed.
Sec. 116. (a) Chapter 21 of title 28, United States Code, as amended
by section 115 of this Act, is further amended by adding at the end
therof the following new section:
" Sections 163. // 28 USC 463. // Expenses of litigation
" Whenever a Chief Justice, justice, judge, officer, or employee of
any United States court is sued in his official capacity, or is
otherwise required to defend acts taken or omissions made in his
official capacity, and the services of an attorney for the Government
are not reasonably available pursuant to chapter 31 of this title, // 28
USC 501 // the Director of the Administrative Office of the United
States Courts may pay the costs of his defense. The Director shall
prescribe regulations for such payments subject to the approval of the
Judicial Conference of the United States.".
(b) The analysis of chapter 21 of title 28, United States Code, is
amended by adding at the end thereof the following item:
"463. Expenses of litigation.".
Sec. 117. Section 518(a) of title 28, United States Code, is amended
by striking out " Court of Claims" and inserting in lieu thereof "
United States Claims Court or in the United States Court of Appeals for
the Federal Circuit".
UNITED STATES
Sec. 118. (a) Section 520 of title 28, United States Code, is
amended--,
(1) in subsection (a), by striking out " Court of Claims" and
inserting in lieu thereof " United States Claims Court or in the
United States Court of Appeals for the Federal Circuit"; and
(2) by striking out " Court of Claims" in the section heading
and inserting in lieu thereof " United States Claims Court or in
United States Court of Appeals for the Federal Circuit".
(b) The item relating to section 520 in the section analysis of
chapter 31 of title 28, United States Code, is amended to read as
follows:
"520. Transmission of petitions in United States Claims Court or in
United States Court of Appeals for the Federal Circuit; statement
furnished by departments".
Sec. 119. (a) Section 605 of title 28, United States Code, is
amended--,
(1) by inserting immediately before the period at the end of
the second undesignated paragraph the following: "and the
estimate with respect to the United States Court of Appeals for
the Federal Circuit shall be approved by such court"; and
(2) by striking out " Bureau of the Budget" each place it
appears and inserting in lieu thereof " Office of Management and
Budget".
(b) Funds appropriated to the Court of Customs and Patent Appeals and
the Court of Claims for fiscal year 1982 shall be made available for the
operation of the United States Court of Appeals for the Federal Circuit
and the United States Claims Court. Such sums shall be apportioned among
the new appropriations as determined by the Director of the
Administrative Office of the United States Courts in consultation with
the chief judges of the respective courts.
Sec. 120. (a) Section 610 of title 28, United States Code, is
amended by striking out "the Court of Claims, the Court of Customs and
Patent Appeals" and inserting in lieu thereof "the United States Claims
Court".
(b)(1) Section 713 of title 28, United States Code, is amended to
read as follows:
" Sections 713. Librarians
"(a) Each court of appeals may appoint a librarian who shall be
subject to removal by the court.
"(b) The librarian, with the approval of the court, may appoint
necessary library assistants in such numbers as the Director of the
Administrative Office of the United States Courts may approve. The
librarian may remove such library assistants with the approval of the
court.".
(2) The item relating to section 713 in the section analysis of
chapter 47, United States Code, is amended to read as follows:
"713. Librarians.".
(c)(1) Chapter 47 of title 28, United States Code, is amended by
adding at the end thereof the following new sections:
Sections 714. // 28 USC 714 // Criers and messengers
"(a) Each court of appeals may appoint a crier who shall be subject
to removal by the court.
"(b) The crier, with the approval of the court, may appoint necessary
messengers in such number as the Director of the Administrative Office
of the United States Courts may approve. The crier may remove such
messengers with the approval of the court. The crier shall also perform
the duties of bailiff and messenger.
Sections 715. // 28 USC 715. // Staff attorneys and technical
assistants
"(a) The chief judge of each court of appeals, with the approval of
the court, may appoint a senior staff attorney, who shall be subject to
removal by the chief judge with the approval of the court.
"(b) The senior staff attorney, with the approval of the chief judge,
may appoint necessary staff attorneys and secretarial and clerical
employees in such numbers as the Director of the Administrative Office
of the United States Courts may approve, but in no event may the number
of staff attorneys exceed the number of positions expressly authorized
in an annual appropriation Act. The senior staff attorney may remove
such staff attorneys and secretarial and clerical employees with the
approval of the chief judge.
"(c) The chief judge of the Court of Appeals for the Federal Circuit,
with the approval of the court, may appoint a senior technical assistant
who shall be subject to removal by the chief judge with the approval of
the court.
"(d) The senior technical assistant, with the approval of the court,
may appoint necessary technical assistants in such number as the
Director of the Administrative Office of the United States Courts may
approve, but in no event may the number of technical assistants in the
Court of Appeals for the Federal Circuit exceed the number of circuit
judges in regular active service within such circuit. The senior
technical assistant may remove such technical assistants with the
approval of the court.".
(2) The section analysis of chapter 47, United States Code, is
amended by adding at the end thereof the following new items:
"714. Criers and messengers.
"715. Staff attorneys and technical assistants.".
COURT
Sec. 121. (a) Section 791 of title 28, United States Code, is
amended by amending subsection (a) to read as follows:
"(a) The United States Claims Court may appoint a clerk, who shall be
subject to removal by the court. The clerk, with the approval of the
court, may appoint necessary deputies and employees in such numbers as
may be approved by the Director of the Administrative Office of the
United States Courts. Such deputies and employees shall be subject to
removal by the clerk with the approval of the court.".
(b) Section 792 of title 28, United States Code, and the item
relating to section 792 in the section analysis of chapter 51 of such
title, are repealed.
(c)(1) Section 794 of title 28, United States Code, is amended to
read as follows:
" Sections 794. Law clerks and secretaries
" The judges of the United States Claims Court may appoint necessary
law clerks and secretaries, in such numbers as the Judicial Conference
of the United States may approve, subject to any limitation of the
aggregate salaries of such employees which may be imposed by law.".
(2) The item relating to section 794 in the section analysis of
chapter 51 of title 28, United States Code, is amended to read as
follows:
"794. Law clerks and secretaries.".
(d)(1) Section 795 of title 28, United States Code, is amended to
read as follows:
" Sections 795. Bailiffs and messengers
" The chief judge of United States Claims Court, with the approval of
the court, may appoint necessary bailiffs and messengers, in such
numbers as the Director of the Administrative Office of the United
States Courts may approve, each of whom shall be subject to removal by
the chief judge, with the approval of the court.".
(2) The item relating to section 795 in the section analysis of
chapter 51 of title 28, United States Code, is amended to read as
follows:
"795. Bailiffs and messengers.".
(e) Section 796 of title 28, United States Code, is amended by
striking out " The Court of Claims" and inserting in lieu thereof "
Subject to the approval of the United States Claims Court, the Director
of the Administrative Office of the United States Courts".
(f)(1) Section 797 of title 28, United States Code, is amended to
read as follows:
" Sections 797. Recall of retired judges
"(a) Any judge of the United States Claims Court who has retired from
regular active service under subchapter III of chapter 83 of title 5 //
5 USC 8331. // shall be known and designated as a senior judge and may
perform duties as a judge when recalled pursuant to subsection (b) of
this section.
"(b) The chief judge of the Claims Court may, whenever he deems it
advisable, recall any senior judge, with such judge's consent, to
perform such duties as a judge and for such period of time as the chief
judge may specify.
"(c) Any senior judge performing duties pursuant to this section
shall not be counted as a judge for purposes of the number of judgeships
authorized by section 171 of this title.
"(d) Any senior judge, while performing duties pursuant to this
section, shall be paid the same allowances for travel and other expenses
as a judge in active service. Such senior judge shall also receive from
the Claims Court supplemental pay in an amount sufficient, when added to
his civil service retirement annuity, to equal the salary of a judge in
active service for the same period or periods of time. Such
supplemental pay shall be paid in the same manner as the salary of a
judge.".
(2) The item relating to section 797 in the section analysis of
chapter 51 of title 28, United States Code, is amended by striking out
"commissioners" and inserting in lieu thereof "judges".
(g)(1) The item relating to chapter 51 in the chapter analysis of
part III of title 28, United States Code, is amended by striking out "
Court of Claims" and inserting in lieu thereof " United States Claims
Court".
(2) The chapter heading of chapter 51 of title 28, United States
Code, is amended by striking out " COURT OF CLAIMS" and inserting in
lieu thereof " UNITED STATES CLAIMS COURT".
PATENT
APPEALS
Sec. 122. (a) Chapter 53 of title 28, United States Code, // 28 USC
831 // and the item relating to chapter 53 in the chapter analysis of
part III of such title, are repealed.
(b) Section 957 of title 28, United States Code, is amended--,
(1) in subsection (a) by striking out "(a)", and
(2) by repealing subsection (b).
REPEAL OF
COURT OF CUSTOMS AND PATENT APPEALS
Sec. 123. Sections 1255 and 1256 of title 28, United States Code,
and the items relating to sections 1255 and 1256 in the section analysis
of chapter 81 of such title, are repealed.
Sec. 124. Section 1291 of title 28, United States Code, is
amended--,
(1) by inserting "(other than the United States Court of
Appeals for the Federal Circuit)" after "courts of appeals"; and
(2) by adding at the end thereof the following new sentence: "
The jurisdiction of the United States Court of Appeals for the
Federal Circuit shall be limited to the jurisdiction described in
sections 1292 (c) and (d) and 1295 of this title.".
Sec. 125. (a) Section 1292(a) of title 28, United States Code, is
amended--,
(1) by striking out " The courts" and inserting in lieu thereof
" Except as provided in subsections (c) and (d) of this section,
the courts";
(2) by striking out the semicolon at the end of paragraph (3)
and inserting in lieu thereof a period; and
(3) by striking out paragraph (4).
(b) Section 1292 of title 28, United States Code, is amended by
adding at the end thereof the following new subsections:
"(c) The United States Court of Appeals for the Federal Circuit shall
have exclusive jurisdiction--,
"(1) of an appeal from an interlocutory order or decree
described in subsection (a) of this section in any case over which
the court would have jurisdiction of an appeal under section 1295
of this title; and
"(2) of an appeal from a judgment in a civil action for patent
infringement which would otherwise be appealable to the United
States Court of Appeals for the Federal Circuit and is final
except for an accounting.
"(d)(1) When the chief judge of the Court of International Trade
issues an order under the provisions of section 256(b) of this title, or
when any judge of the Court of International Trade, in issuing any other
interlocutory order, includes in the order a statement that a
controlling question of law is involved with respect to which there is a
substantial ground for difference of opinion and that an immediate
appeal from that order may materially advance the ultimate termination
of the litigation, the United States Court of Appeals for the Federal
Circuit may, in its discretion, permit an appeal to be taken from such
order, if application is made to that Court within ten days after the
entry of such order.
"(2) When any judge of the United States Claims Court, in issuing an
interlocutory order, includes in the order a statement that a
controlling question of law is involved with respect to which there is a
substantial ground for difference of opinion and that an immediate
appeal from that order may materially advance the ultimate termination
of the litigation, the United States Court of Appeals for the Federal
Circuit may, in its discretion, permit an appeal to be taken from such
order, if application is made to that Court within ten days after the
entry of such order.
"(3) Neither the application for nor the granting of an appeal under
this subsection shall stay proceedings in the Court of International
Trade or in the Claims Court, as the case may be, unless a stay is
ordered by a judge of the Court of International Trade or of the Claims
Court or by the United States Court of Appeals for the Federal Circuit
or a judge of that court.".
Sec. 126. Section of title 28, United States Code (including that
section as it will become effective on April 1, 1984), is amended by
striking out " Appeals" and inserting in lieu thereof " Except as
provided in sections 1292(c), 1292(d), and 1295 of this title, appeals".
FOR THE
FEDERAL CIRCUIT
Sec. 127. (a) Chapter 83 of title 28, United States Code, is amended
by adding at the end thereof the following new sections:
" Section 1295. // 28 USC 1295. // Jurisdiction of the United States
Court of Appeals for the Federal Circuit
"(a) The United States Court of Appeals for the Federal Circuit shall
have exclusive jurisdiction--,
"(1) of an appeal from a final decision of a district court of
the United States, the United States District Court for the
District of the Canal Zone, the District Court of Guam, the
District Court of the Virgin Islands, or the District Court for
the Northern Mariana Islands, if the jurisdiction of that court
was based, in whole or in part, on section 1338 of this title,
except that a case involving a claim arising under any Act of
Congress relating to copyrights or trademarks and no other claims
under section 1338(a) shall be governed by sections 1291, 1292,
and 1294 of this title;
"(2) of an appeal from a final decision of a district court of
the United States, the United States District Court for the
District of the Canal Zone, the District Court of Guam, the
District Court of the Virgin Islands, or the District Court for
the Northern Mariana Islands, if the jurisdiction of that court
was based, in whole or in part, on section 1346 of this title,
// 28 USC 1346. //
except that jurisdiction of an appeal in a case brought in a
district court under section 1346(a)(1), 1346(b), or 1346(f) of
this title or under section 1346(a)(2) when the claim is founded
upon an Act of Congress or a regulation of an executive department
providing for internal revenue shall be governed by sections 1291,
1292, and 1294 of this title;
"(3) of an appeal from a final decision of the United States
Claims Court;
"(4) of an appeal from a decision of--,
Interferences
of the Patent and Trademark Office with respect
to patent applications and interferences, at the
instance of
an applicant for a patent or any party to a patent
interference,
and any such appeal shall waive the right of such
applicant or party to proceed under section 145 or 146
of
title 35;
proceedings
as provided in section 21 of the Trademark Act of
1946 (15 U.S.C. 1071); or
pursuant
to section 145 or 146 of title 35;
"(5) of an appeal from a final decision of the United States
Court of International Trade;
"(6) to review the final determinations of the United States
International Trade Commission relating to unfair practices in
import trade, made under section 337 of the Tariff Act of 1930 (19
U.S.C. 1337);
"(7) to review, by appeal on questions of law only, findings of
the Secretary of Commerce under headnote 6 to schedule 8, part 4,
of the Tariff Schedules of the United States
// 19 USC 1202 //
(relating to importation of instruments or apparatus);
"(8) of an appeal under section 71 of the Plant Variety
Protection Act (7 U.S.C. 2461);
"(9) of an appeal from a final order or final decision of the
Merit Systems Protection Board, pursuant to sections 7703(b)(1)
and 7703(d) of title 5; and
"(10) of an appeal from a final decision of an agency board of
contract appeals pursuant to section 8(g)(1) of the Contract
Disputes Act of 1978 (41 U.S.C. 607(g)(1)).
"(b) The head of any executive department or agency may, with the
approval of the Attorney General, refer to the Court of Appeals for the
Federal Circuit for judicial review any final decision rendered by a
board of contract appeals pursuant to the terms of any contract with the
United States awarded by that department or agency which the head of
such department or agency has concluded is not entitled to finality
pursuant to the review standards specified in section 10(b) of the
Contract Disputes Act of 1978 (41 U.S.C. 609(b)). The head of each
executive department or agency shall make any referral under this
section within one hundred and twenty days after the receipt of a copy
of the final appeal decision.
"(c) The Court of Appeals for the Federal Circuit shall review the
matter referred in accordance with the standards specified in section
10(b) of the Contract Disputes Act of 1978. The court shall proceed
with judicial review on the administrative record made before the board
of contract appeals on matters so referred as in other cases pending in
such court, shall determine the issue of finality of the appeal
decision, and shall, if appropriate, render judgment thereon, or remand
the matter to any administrative or executive body or official with such
direction as it may deem proper and just.
Section 1296. // 28 USC 1296. // Precedence of cases in the United
States Court of Appeals for the Federal Circuit
" Civil actions in the United States Court of Appeals for the Federal
Circuit shall be given precedence, in accordance with the law applicable
to such actions, in such order as the court may by rule establish.".
(b) The section analysis of chapter 83 of title 28, United States
Code, is amended by adding at the end thereof the following new items:
"1295. Jurisdiction of the United States Court of Appeals for the
Federal Circuit.
"1296. Precedence of cases in the United States Court of Appeals for
the Federal Circuit.".
Sec. 128. Section 1336(b) of title 28, United States Code, is
amended by striking out " Court of Claims" and inserting in lieu thereof
" United States Claims Court".
Sec. 129. Section 1346(a) of title 28, United States Code, is
amended by striking out " Court of Claims" and inserting in lieu thereof
" United States Claims Court".
Sec. 130. Section 1398(b) of title 28, United States Code, is
amended by striking out " Court of Claims" and inserting in lieu there
of " United States Claims Court".
Sec. 131. Section 1402(a) of title 28, United States Code, is
amended by inserting "in a district court" after "civil action".
Sec. 132. Section 1406 of title 28, United States Code, is
amended--,
(1) by repealing subsection (c); and
(2) by redesignating subsection (d) as subsection (c).
Sec. 133. (a) Section 1491 of title 28, United States Code, is
amended to read as follows:
" Section 1491. Claims against United States generally; actions
involving Tennessee Valley Authority
"(a)(1) The United States Claims Court shall have jurisdiction to
render judgment upon any claim against the United States founded either
upon the Constitution, or any Act of Congress or any regulation of an
executive department, or upon any express or implied contract with the
United States, or for liquidated or unliquidated damages in cases not
sounding in tort. For the purpose of this paragraph, an express or
implied contract with the Army and Air Force Exchange Service, Navy
Exchanges, Marine Corps Exchanges, Coast Guard Exchanges, or Exchange
Councils of the National Aeronautics and Space Administration shall be
considered an express or implied contract with the United States.
"(2) To provide an entire remedy and to complete the relief afforded
by the judgment, the court may, as an incident of and collateral to any
such judgment, issue orders directing restoration to office or position,
placement in appropriate duty or retirement status, and correction of
applicable records, and such orders may be issued to any appropriate
official of the United States. In any case within its jurisdiction, the
court shall have the power to remand appropriate matters to any
administrative or executive body or official with such direction as it
may deem proper and just. The Claims Court shall have jurisdiction to
render judgment upon any claim by or against, or dispute with, a
contractor arising under section 10(a)(1) of the Contract Disputes Act
of 1978. // 41 USC 609. //
"(3) To afford complete relief on any contract claim brought before
the contract is awarded, the court shall have exclusive jurisdiction to
grant declaratory judgments and such equitable and extraordinary relief
as it deems proper, including but not limited to injunctive relief. In
exercising this jurisdiction, the court shall give due regard to the
interests of national defense and national security.
"(b) Nothing herein shall be construed to give the United States
Claims Court jurisdiction of any civil action within the exclusive
jurisdiction of the Court of International Trade, or of any action
against, or founded on conduct of, the Tennessee Valley Authority, or to
amend or modify the provisions of the Tennessee Valley Authority Act of
1933 // 16 USC 831. // with respect to actions by or against the
Authority.".
(b) Section 1492 of title 28, United States Code, is amended by
striking out "chief commissioner of the Court of Claims" and inserting
in lieu thereof "chief judge of the United States Claims Court".
(c)(1) Sections 1494, 1495, 1496, and 1497 of title 28, United States
Code, are amended by striking out " Court of Claims" each place it
appears and inserting in lieu thereof " United States Claims Court".
(2) The section heading of section 1497 of title 28, United States
Code, is amended by striking out "growers," and inserting in lieu
thereof "growers'".
(d) Section 1498 of title 28, United States Code, is amended--,
(1) in subsection (a), by striking out " Court of Claims" and
inserting in lieu thereof " United States Claims Court"; and
(2) in subsections (b) and (d), by striking out " Court of
Claims" each place it appears and inserting in lieu thereof "
Claims Court".
(e)(1) Sections 1499, 1500, 1501, 1502, and 1503 of title 28, United
States Code, are amended by striking out " Court of Claims" each place
it appears and inserting in lieu thereof " United States Claims Court".
(2)(A) The section heading of section 1499 of title 28, United States
Code, is amended by inserting "and Safety" after " Hours".
(B) The item relating to section 1499 in the section analysis of
chapter 91 of title 28, United States Code, is amended to read as
follows:
"1499. Liquidated damages withheld from contractors under Contract
Work Hours and Safety Standards Act.".
(f) Section 1504 of title 28, United States Code, and the item
relating to section 1504 in the section analysis of chapter 91 of such
title, are repealed.
(g) Section 1505 of title 28, United States Code, is amended--,
(1) by striking out " Court of Claims" the first place it
appears and inserting in lieu thereof " United States Claims
Court"; and
(2) by striking out " Court of Claims" the second place it
appears and inserting in lieu thereof " Claims Court".
(h) Section 1506 of title 28, United States Code, and the item
relating to section 1506 in the section analysis of chapter 91 of such
title, are repealed.
(i) Section 1507 of title 28, United States Code, is amended by
striking out " Court of Claims" and inserting in lieu thereof " United
States Claims Court".
(j)(1) The item relating to chapter 91 in the chapter analysis of
part IV of title 28, United States Code, is amended by striking out "
Court of Claims" and inserting in lieu thereof " United States Claims
Court".
(2) The chapter heading of chapter 91 of title 28, United States
Code, is amended by striking out " COURT OF CLAIMS" and inserting in
lieu thereof " UNITED STATES CLAIMS COURT".
CUSTOMS AND
PATENT APPEALS
Sec. 134. Chapter 93 of title 28, United States Code, // 28 USC 1541
// and the item relating to chapter 93 in the chapter analysis of part
IV of such title, are repealed.
Sec. 135. Section 1584 of title 28, United States Code, and the item
relating to section 1584 in the section analysis of chapter 95 of such
title, are repealed.
Sec. 136. Section 2110 of title 28, United States Code, and the item
relating to section 2110 in the section analysis of chapter 133 of such
title, are repealed.
Sec. 137. Section 2342 of title 28, United States Code, is
amended--,
(1) by inserting "(other than the United States Court of
Appeals for the Federal Circuit)" after "court of appeals";
(2) in paragraph (4), by inserting "and" after the semicolon;
(3) in paragraph (5), by striking out "; and" and inserting in
lieu thereof a period; and
(4) by striking out paragraph (6).
Sec. 138. Section 2353 of title 28, United States Code, and the item
relating to section 2353 in the section analysis of chapter 158 of such
title, are repealed.
Sec. 139. (a) Sections 2501 and 2502(a) of title 28, United States
Code, are amended by striking out " Court of Claims" each place it
appears and inserting in lieu thereof " United States Claims Court".
(b)(1) Section 2503 of title 28, United States Code, is amended to
read as follows:
Section 2503. Proceedings generally
"(a) Parties to any suit in the United States Claims Court may appear
before a judge of that court in person or by attorney, produce evidence,
and examine witnesses.
"(b) The proceedings of the Claims Court shall be in accordance with
such rules of practice and procedure (other than the rules of evidence)
as the Claims Court may prescribe and in accordance with the Federal
Rules of Evidence.
"(c) The judges of the Claims Court shall fix times for trials,
administer oaths or affirmations, examine witnesses, receive evidence,
and enter dispositive judgments. Hearings shall, if convenient, be held
in the counties where the witnesses reside.".
(2) The item relating to section 2503 in the section analysis of
chapter 165 of title 28, United States Code, is amended by striking out
"before commissioners".
(c) Section 2504 of title 28, United States Code, is amended--,
(1) by striking out " Court of Claims" and inserting in lieu
thereof " United States Claims Court"; and
(2) by striking out "commissioner" each place it appears and
inserting in lieu thereof "judge".
(d) Section 2505 of title 28, United States Code, is amended--,
(1) by striking out " Court of Claims" and inserting in lieu
thereof " United States Claims Court"; and
(2) by striking out "report findings" and inserting in lieu
thereof "enter judgment".
(e) Section 2506 of title 28, United States Code, is amended by
striking out " Court of Claims" and inserting in lieu thereof " United
States Claims Court".
(f) Section 2507 of title 28, United States Code, is amended--,
(1) in subsection (a), by striking out " Court of Claims" and
inserting in lieu thereof " United States Claims Court"; and
(2) in subsection (c), by striking out " Court of Claims" and
inserting in lieu thereof " Claims Court".
(g) Section 2508 of title 28, United States Code, is amended by
striking out " Court of Claims" and inserting in lieu thereof " United
States Claims Court".
(h)(1) Section 2509 of title 28, United States Code, is amended by
amending subsection (a) to read as follows:
"(a) Whenever a bill, except a bill for a pension, is referred by
either House of Congress to the chief judge of the United States Claims
Court pursuant to section 1492 of this title, // 28 USC 1492. // the
chief judge shall designate a judge as hearing officer for the case and
a panel of three judges of the court to serve as a reviewing body. One
member of the review panel shall be designated as presiding officer of
the panel.".
(2) Section 2509 of title 28, United States Code, is amended--,
(A) in subsections (b), (c), (d), and (f), by striking out
"trial commissioner" each place it appears and inserting in lieu
thereof "hearing officer";
(B) in subsections (b), (c), and (e), by striking out "chief
commissioner" each place it appears and inserting in lieu thereof
"chief judge"";
(C) in subsections (b), (f), and (g), by striking out " Court
of Claims" each place it appears and inserting in lieu thereof "
Claims Court";
(D) in subsection (d), by striking out "of commissioners"; and
(E) in subsection (g), by striking out "commissioners serving
as trial commissioners" and inserting in lieu thereof "judges
serving as hearing officers".
(i)(1) Section 2510 of title 28, United States Code, is amended to
read as follows:
Section 2510. // 28 USC 2510. // Referral of cases by Comptroller
General
"(a) The Comptroller General may transmit to the United States Claims
Court for trial and adjudication any claim or matter of which the Claims
Court might take jurisdiction on the voluntary action of the claimant,
together with all vouchers, papers, documents, and proofs pertaining
thereto.
"(b) The Claims Court shall proceed with the claims or matters so
referred as in other cases pending in such Court and shall render
judgment thereon.".
(2) The item relating to section 2510 in the section analysis of
chapter 165 of title 28, United States Code, is amended to read as
follows:
"2510. Referral of cases by Comptroller General.".
(j)(1) Section 2511 of title 28, United States Code, is amended by
striking out ", or of the Supreme Court upon review,".
(2) Sections 2511, 2512, 2513(c), 2514, 2515(a), and 2516(a) of title
28, United States Code, are amended by striking out " Court of Claims"
each place it appears and inserting in lieu thereof " United States
Claims Court".
(k) Section 2517 of title 28, United States Code, is amended--,
(1) in subsection (a), by striking out " Court of Claims" and
inserting in lieu thereof " United States Claims Court"; and
(2) in subsection (b), by striking out the comma immediately
after "discharged".
(1) Section 2518 of title 28, United States Code, and the item
relating to section 2518 in the section analysis of chapter 165 of such
title, are repealed.
(m) Section 2519 of title 28, United States Code, is amended by
striking out " Court of Claims" and inserting in lieu thereof " United
States Claims Court".
(n)(1) Section 2520 of title 28, United States Code, is amended in
subsection (a)--,
(A) by striking out "(a)";
(B) by striking out " Court of Claims" and inserting in lieu
thereof " United States Claims Court"; and
(C) by striking out "$10" and inserting in lieu thereof "$60".
(2) Subsections (b) and (c) of section 2520 of title 28, United
States Code, are repealed.
(3) The section heading of section 2520 of title 28, United States
Code, is amended by striking out "; cost of printing record".
(4) The item relating to section 2520 in the section analysis of
chapter 165 of title 28, United States Code, is amended to read as
follows:
"2520. Fees.".
(o)(1) The item relating to chapter 165 in the chapter analysis of
part VI of title 28, United States Code, is amended to read as follows:
"165. United States Claims Court Procedure 2501".
(2) The chapter heading of chapter 165 of title 28, United States
Code, is amended by striking out " COURT OF CLAIMS" and inserting in
lieu thereof " UNITED STATES CLAIMS COURT".
(p)(1) Section 1926 of title 28, United States Code, is amended to
read as follows:
" Section 1926. // 28 USC 1926. // Claims Court
"(a) The Judicial Conference of the United States shall prescribe
from time to time the fees and costs to be charged and collected in the
United States Claims Court.
"(b) The court and its officers shall collect only such fees and
costs as the Judicial Conference prescribes. The court may require
advance payment of fees by rule.".
(2) The item relating to section 1926 in the section analysis of
chapter 123 of title 28, United States Code, is amended to read as
follows:
"1926. Claims Court.".
(q)(1) Chapter 165 of title 28, United States Code, is amended by
adding at the end thereof the following new section:
" Section 2522. // 28 USC 2522. // Notice of appeal
" Review of a decision of the United States Claims Court shall be
obtained by filing a notice of appeal with the clerk of the Claims Court
within the time and in the manner prescribed for appeals to United
States courts of appeals from the United States district courts.".
(2) The section analysis of chapter 165 of title 28, United States
Code, is amended by adding at the end thereof the following new item:
"2522. Notice of appeal.".
CUSTOMS AND
PATENT APPEALS
Sec. 140. Chapter 167 of title 28, United States Code, // 28 USC
2601 // and the item relating to chapter 167 in the chapter analysis of
part VI of such title, are repealed.
Sec. 141. Section 2645(c) of title 28, United States Code, is
amended by striking out " Customs and Patent Appeals within the time and
in the manner provided in section 2601 of this title" and inserting in
lieu thereof " Appeals for the Federal Circuit by filing a notice of
appeal with the clerk of the Court of International Trade within the
time and in the manner prescribed for appeals to United States courts of
appeals from the United States district courts".
Sec. 142. Rule 1101(a) of the Federal Rules of Evidence is amended
by striking out " Court of Claims" the first place it appears and
inserting in lieu thereof " United States Claims Court" and by striking
out "and commissioners of the Court of Claims".
Sec. 143. Section 225(f)(C) of the Federal Salary Act of 1967 (2 U.
S.C. 356(C)), is amended by inserting "and the judges of the United
States Claims Court" immediately before the semicolon at the end
thereof.
Sec. 144. Section 7703 of title 5, United States Code, is amended--,
(1) in subsection (b)(1), by striking out " Court of Claims or
a United States court of appeals as provided in chapters 91 and
158, respectively, of title 28" and inserting in lieu thereof "
United States Court of Appeals for the Federal Circuit";
(2) in subsection (c), by striking out " Court of Claims or a
United States court of appeals" and inserting in lieu thereof "
Court of Appeals for the Federal Circuit"; and
(3) in subsection (d), by striking out " District of Columbia"
and inserting in lieu thereof " Federal Circuit".
Sec. 145. The second sentence of section 71 of the Plant Variety
Protection Act (7 U.S.C. 2461) is amended to read as follows: "the
United States Court of Appeals for the Federal Circuit shall have
jurisdiction of any such appeal.".
Sec. 146. Section 11(d) of the Federal Fire Prevention and Control
Act of 1974 (15 U.S.C. 2210(d)) is amended by striking out " Court of
Claims of the United States" and inserting in lieu thereof " United
States Claims Court".
Sec. 147. Section 204 of title 18, United States Code, and the
section heading thereof are amended by striking out " Court of Claims"
and inserting in lieu thereof " United States Claims Court or the United
States Court of Appeals for the Federal Circuit".
Sec. 148. Section 39 of the Trademark Act of 1946 (15 U.S.C. 1121)
is amended by inserting "(other than the United States Court of Appeals
for the Federal Circuit)" after "circuit courts of appeal of the United
States".
Sec. 149. (a) Section 29 of the Act entitled " An Act to create an
Indian Claims Commission, to provide for the powers, duties, and
functions thereof, and for other purposes", approved August 13, 1946 (25
U.S.C. 70v-3), is amended by striking out " Court of Claims" each place
it appears and inserting in lieu thereof " Claims Court".
(b) Subsection (c) of section 29 of such Act is repealed.
(c) Subsection (d) of section 29 of such Act is amended--,
(1) by striking out "(d)" and inserting in lieu thereof "(c)";
and
(2) by striking out " Supreme Court in accordance with the
provisions of section 1255" and inserting in lieu thereof " United
States Court of Appeals for the Federal Circuit in accordance with
the provisions of section 1295".
(d) Subsection (e) of section 29 of such Act is amended by striking
out "(e)" and inserting in lieu thereof "(d)".
Sec. 150. Section 2 of the Act of May 18, 1928 (25 U.S.C. 652) is
amended--,
(1) by striking out " Court of Claims" the first place it
appears and inserting in lieu thereof " United States Claims
Court";
(2) by striking out " Court of Claims of the United States" and
inserting in lieu thereof " United States Claims Court"; and
(3) by striking out " Supreme Court of the United States" and
inserting in lieu thereof " United States Court of Appeals for the
Federal Circuit".
Sec. 151. Section 7422(e) of the Internal Revenue Code of 1954 (26
U.S.C. 7422(e)) is amended by striking out " Court of Claims" each place
it appears and inserting in lieu thereof " United States Claims Court".
Sec. 152. Section 7428 of the Internal Revenue Code of 1954 // 26
USC 7428. // is amended by striking out " Court of Claims each place it
appears and inserting in lieu thereof " Claims Court".
Sec. 153. (a) The second sentence of section 7456(c) of the Internal
Revenue Code of 1954 // 26 USC 7456. // is amended to read as follows:
" Each commissioner shall receive pay at an annual rate determined under
section 225 of the Federal Salary Act of 1967 (2 U.S. C. 351 - 361), as
adjusted by section 461 of title 28, United States Code, and also
necessary traveling expenses and per diem allowances, as provided in
subchapter I of chapter 57 of title 5, United States Code, // 5 USC
5701. // while traveling on official business and away from Washington,
District of Columbia.".
(b) Notwithstanding the amendment made by subsection (a), // 26 USC
7456 // until such time as a change in the salary rate of a commissioner
of the United States Tax Court occurs in accordance with section 7456(c)
of the Internal Revenue Code of 1954, the salary of such commissioner
shall be equal to the salary of a commissioner of the Court of Claims
immediately prior to the effective date of this Act.
Sec. 154. Section 7482(a) of the Internal Revenue Code of 1954 // 26
USC 7482. // is amended by inserting "(other than the United States
Court of Appeals for the Federal Circuit)" after " United States Court
of Appeals".
Sec. 155. Section 1302 of the Act of July 27, 1956 (31 U.S.C.
724a), is amended by striking out " Court of Claims" and inserting in
lieu thereof " Court of Appeals for the Federal Circuit or the United
States Claims Court".
Sec. 156. Section 8(g)(1) of the Contract Disputes Act of 1978 (41
U.S.C. 607(g)(1)) is amended--,
(1) in subparagraph (A), by striking out " Court of Claims" and
inserting in lieu thereof " United States Court of Appeals for the
Federal Circuit"; and
(2) in subparagraph (B), by striking out " United States Court
of Claims for judicial review, under section 2510 of title 28,
United States Code, as amended herein," and inserting in lieu
thereof " Court of Appeals for the Federal Circuit for judicial
review under section 1295 of title 28, United States Code,".
Sec. 157. Section 10(c) of the Contract Disputes Act of 1978 (41 U.
S.C. 609(c)) is amended by striking out ", or, in its discretion" and
all that follows through "of the case".
Sec. 158. Section 713 of title 44, United States Code, is amended--,
(1) by striking out "eight hundred and twenty-two" and
inserting in lieu thereof "eight hundred and twenty";
(2) by inserting "and" after " Superintendent of Documents;";
and
(3) by striking out "to the Court of Claims, two copies; and".
Sec. 159. Section 1103 of title 44, United States Code, is amended
by striking out "the Court of Claims," and by striking out "chief judge
of the Court of Claims,".
Sec. 160. (a) The following provisions of law are amended by
striking out " Court of Claims" each place it appears and inserting in
lieu thereof " United States Claims Court":
(1) Sections 1 and 2 of the Act of October 19, 1973 (87 Stat.
466).
// 25 USC 1401, 1402. //
(2) Section 8715 of title 5, United States Code.
(3) Section 8912 of title 5, United States Code.
(4) Section 2273(b) of title 10, United States Code.
(5) Section 337(i) of the Tariff Act of 1930 (19 U.S.C. 1337(
i)).
(6) Section 606(a) of the Foreign Assistance Act of 1961 (22
U.S.C. 2356(a)).
(7) Section 1 of the Act entitled " An Act providing for the
allotment and distribution of Indian tribal funds", approved March
2, 1907 (25 U.S.C. 119).
(8) Section 2 of the Act of August 12, 1935 (25 U.S.C. 475a).
(9) Section 6110(i)(1) of the Internal Revenue Code of 1954.
// 26 USC 6110. //
(10) Section 2 of the Act of May 28, 1908 (30 U.S.C. 193a).
(11) Section 7 of the Act of July 31, 1894 (31 U.S.C. 72).
(12) Section 183 of title 35, United States Code.
(13) Section 104(c) of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 330(c)).
(14) Sections 13(b)(2) and 14 of the Contract Settlement Act of
1944 (41 U.S.C. 113(b) and 114).
(15) Sections 8(d) and 10(d) of the Contract Disputes Act of
1978 (41 U.S.C. 607(d) and 609(d)).
(16) Sections 171 and 173 of the Atomic Energy Act of 1954 (42
U.S.C. 2221 and 2223).
(17) Section 10(i) of the Trading with the Enemy Act (50 U.S.
C. App. 10(i)).
(18) Sections 103(f), 103(i), 105, 106(a)(6), 108, 108 A, and
114(5) of the Renegotiation Act of 1951 (50 U.S.C. App. 1213(f),
1213(i), 1215, 1216(a)(6), 1218, 1218a, and 1224(5)).
(19) Section 4 of the Act of July 2, 1948 (50 U.S.C. App.
1984).
(b) The section heading of section 108 A of the Renegotiation
Act of 1951 (50 U.S.C. App. 1218a) is amended by striking out "
COURT OF CLAIMS" and inserting in lieu thereof " UNITED STATES
CLAIMS COURT".
(c) Section 108 A of the Renegotiation Act of 1951 (50 U.S.C.
App. 1218a) is amended by striking out " Supreme Court upon
certiorari in the manner provided in section 1255" and inserting
in lieu thereof " United States Court of Appeals for the Federal
Circuit in accordance with the provisions of section 1295".
Sec. 161. The following provisions of law are amended by striking
out " Court of Claims" each place it appears and inserting in lieu
thereof " Claims Court":
(1) Section 4(c) of the Commodity Credit corporation Charter
Act (15 U.S.C. 714b(c)).
(2) Section 20 of the Tennessee Valley Authority Act of 1933
(16 U.S.C. 831s).
(3) Section 403 of the International Claims Settlement Act of
1949 (22 U.S.C. 1642b).
(4) Section 2(a) of the Act of May 15, 1978 (92 Stat. 244).
(5) Section 311(i) of the Federal Water Pollution Control Act
(33 U.S.C. 1321(i)).
(6) Section 10(b) of the Intervention on the High Seas Act (33
U.S.C. 1479(b)).
(7) Section 282 of title 35, United States Code.
(8) Section 5261 of the Revised Statutes (45 U.S.C. 87).
(9) Section 41(a) of the Trading with the Enemy Act (50 U.S.C.
App. 42(a)).
(10) Section 10(a)(1) of the Contract Disputes Act of 1978 (41
U.S.C. 609(a)(1)).
Sec. 162. The following provisions of law are amended by striking
out " United States Court of Customs and Patent Appeals" and " Court of
Customs and Patent Appeals" each place they appear and inserting in lieu
thereof " United States Court of Appeals for the Federal Circuit":
(1) Section 21 of the Trademark Act of 1946 (15 U.S.C. 1071).
(2) Section 152 of the Atomic Energy Act of 1954 (42 U.S.C.
2182).
(3) Section 305(d) of the National Aeronautics and Space Act of
1958 (42 U.S.C. 2457(d)).
Sec. 163. (a) The following provisions of law are amended by
striking out " Court of Customs and Patent Appeals" each place it
appears and inserting in lieu thereof " Court of Appeals for the Federal
Circut":
(1) Subsections (d) and (f) of section 516 of the Tariff Act of
1930 (19 U.S.C. 1516 (d) and (f)).
(2) Section 516 A (c) and (e) of the Tariff Act of 1930 (19 U.
S.C. 1516a (c) and (e)).
(3) Section 528 of the Tariff Act of 1930 (19 U.S.C. 1528).
(4) Section 337(c) of the Tariff Act of 1930 (19 U.S.C. 1337(
c)).
(5) Section 284(c) of the Trade Act of 1974 (19 U.S.C. 2395(
c)).
(6) Section 308(9) of the Ethics in Government Act (28 U.S.C.
App.).
(7) Sections 141 through 146 of title 35, United States Code.
(b)(1) The item relating to section 141 in the section analysis of
chapter 13 of title 35, United States Code, // 35 USC 141 // is amended
by striking out " Court of Customs and Patent Appeals" and inserting in
lieu thereof " Court of Appeals for the Federal Circuit".
(2) The section heading of section 141 of title 35, United States
Code, is amended by striking out " Court of Customs and Patent Appeals"
and inserting in lieu thereof " Court of Appeals for the Federal
Circuit".
Sec. 164. The following provisions of law are amended by striking
out "the United States Court of Claims, the United States Court of
Customs and Patent Appeals" each place it appears and inserting in lieu
thereof "the United States Claims Court":
(1) Section 6001(4) of title 18, United States Code.
(2) Section 906 of title 44, United States Code.
Sec. 165. // 28 USC 44 // The judges of the United States Court of
Claims and of the United States Court of Customs and Patent Appeals in
regular active service on the effective date of this Act shall continue
in office as judges of the United States Court of Appeals for the
Federal Circuit. Senior judges of the United States Court of Claims and
of the United States Court of Customs and Patent Appeals on the
effective date of this Act shall continue in office as senior judges of
the United States Court of Appeals for the Federal Circuit.
FOR THE
FEDERAL CIRCUIT
Sec. 166. Notwithstanding the provisions of section 45(a) of title
28, United States Code, // 28 USC 45 // the first chief judge of the
United States Court of Appeals for the Federal Circuit shall be the
Chief Judge of the United States Court of Claims or the Chief Judge of
the United States Court of Customs and Patent Appeals, whoever has
served longer as chief judge of his court. Notwithstanding section 45
of title 28, United States Code, whichever of the two chief judges does
not become the first chief judge of the United States Court of Appeals
for the Federal Circuit under the preceding sentence shall, while in
active service, have precedence and be deemed senior in commission over
all the circuit judges of the United States Court of Appeals for the
Federal Circuit (other than the first chief judge of that circuit).
When the person who first serves as chief judge of the United States
Court of Appeals for the Federal Circuit vacates that position, the
position shall be filled in accordance with section 45(a) of title 28,
United States Code, as modified by the preceding sentence of this
section.
Sec. 167. (a) Notwithstanding the provisions of section 171(a) of
title 28, United States Code, as amended by this Act, a commissioner of
the United States Court of Claims serving immediately prior to the
effective date of this Act // 28 USC 171 // shall become a judge of the
United States Claims Court on the effective date of this Act.
(b) Notwithstanding the provisions of section 172(a) of title 28,
United States Code, as amended by this Act, the initial term of office
of a person who becomes a judge of the United States Claims Court under
subsection (a) of this section shall expire fifteen years after the date
of his or her employment with the United States Court of Claims or on
October 1, 1986, whichever occurs earlier. Any such judge shall continue
in office until a successor is sworn or until reappointed. No such
individual shall serve as a judge after reaching the age of seventy
years.
(c) Notwithstanding the provisions of section 172(b) of title 28,
United States Code, as amended by this Act, until such time as a change
in the salary rate of judge of the United States Claims Court occurs in
accordance with such section 172(b), the salary of such judge shall be
equal to the salary of a Commissioner of the Court of Claims.
Sec. 168. The Congress--, // 28 USC 44 // The Congress--,
(1) takes notice of the fact that the quality of the Federal
judiciary is determined by the competence and experience of its
judges; and
(2) suggests that the President, in nominating individuals to
judgeships on the United States Court of Appeals for the Federal
Circuit and the United States Claims Court, select from a broad
range of qualified individuals.
Sec. 169. Nothing in this Act // 28 USC 44 // affects the authority
of the Tennessee Valley Authority under the Tennessee Valley Authority
Act of 1933 // 16 USC 831. // to represent itself by attorneys of its
choosing.
COURTS OF
APPEALS
Sec. 201. (a) Section 45 of title 28, United States Code, is amended
by amending subsection (a) to read as follows:
"(a)(1) The chief judge of the circuit shall be the circuit judge in
regular active service who is senior in commission of those judges
who--,
"(A) are sixty-four years of age or under;
"(B) have served for one year or more as a circuit judge; and
"(C) have not served previously as chief judge.
"(2)(A) In any case in which no circuit judge meets the
qualifications of paragraph (1), the youngest circuit judge in regular
active service who is sixty-five years of age or over and who has served
as circuit judge for one year or more shall act as the chief judge.
"(B) In any case under subparagraph (A) in which there is no circuit
judge in regular active service who has served as a circuit judge for
one year or more, the circuit judge in regular active service who is
senior in commission and who has not served previously as chief judge
shall act as the chief judge.
"(3)(A) Except as provided in subparagraph (C), the chief judge of
the circuit appointed under paragraph (1) shall serve for a term of
seven years and shall serve after expiration of such term until another
judge is eligible under paragraph (1) to serve as chief judge of the
circuit.
"(B) Except as provided in subparagraph (C), a circuit judge acting
as chief judge under subparagraph (A) or (B) of paragraph (2) shall
serve until a judge has been appointed who meets the qualifications
under paragraph (1).
"(C) No circuit judge may serve or act as chief judge of the circuit
after attaining the age of seventy years unless no other circuit judge
is qualified to serve as chief judge of the circuit under paragraph (1)
or is qualified to act as chief judge under paragraph (2).".
(b) Section 45 of title 28, United States Code, is amended by
amending subsection (c) to read as follows:
"(c) If the chief judge desires to be relieved of his duties as chief
judge while retaining his active status as circuit judge, he may so
certify to the Chief Justice of the United States, and thereafter the
chief judge of the circuit shall be such other circuit judge who is
qualified to serve or act as chief judge under subsection (a).".
DISTRICT COURTS
Sec. 202. (a) Section 136 of title 28, United States Code, is
amended by amending subsection (a) to read as follows:
"(a)(1) In any district having more than one district judge, the
chief judge of the district shall be the district judge in regular
active service who is senior in commission of those judges who--,
"(A) are sixty-four years of age or under;
"(B) have served for one year or more as a district judge; and
"(C) have not served previously as chief judge.
"(2)(A) In any case in which no district judge meets the
qualifications of paragraph (1), the youngest district judge in regular
active service who is sixty-five years of age or over and who has served
as district judge for one year or more shall act as the chief judge.
"(B) In any case under subparagraph (A) in which there is no district
judge in regular active service who has served as a district judge for
one year or more, the district judge in regular active service who is
senior in commission and who has not served previously as chief judge
shall act as the chief judge.
"(3)(A) Except as provided in subparagraph (C), the chief judge of
the district appointed under paragraph (1) shall serve for a term of
seven years and shall serve after expiration of such term until another
judge is eligible under paragraph (1) to serve as chief judge of the
district.
"(B) Except as provided in subparagraph (C), a district judge acting
as chief judge under subparagraph (A) or (B) of paragraph (2) shall
serve until a judge has been appointed who meets the qualifications
under paragraph (1).
"(C) No district judge may serve or act as chief judge of the
district after attaining the age of seventy years unless no other
district judge is qualified to serve as chief judge of the district
under paragraph (1) or is qualified to act as chief judge under
paragraph (2).".
(b) Section 136 of title 28, United States Code, is amended by
amending subsection (d) to read as follows:
"(d) If the chief judge desires to be relieved of his duties as chief
judge while retaining his active status as district judge, he may so
certify to the Chief Justice of the United States, and thereafter, the
chief judge of the district shall be such other district judge who is
qualified to serve or act as chief judge under subsection (a).".
Sec. 203. (a) The amendments to section 45 of title 28, United
States Code, // 28 USC 45 // and to section 136 of such title, made by
section 201 and 202 of this Act, shall not apply to or affect any person
serving as chief judge on the effective date of this Act.
(b) The provisions of section 45(a) of title 28, United States Code,
as in effect on the day before the effective date of this Act, shall
apply to the chief judge of a circuit serving on such effective date.
The provisionsof section 136(a) of title 28, United States Code, as in
effect on the day before the effective date of this part, shall apply to
the chief judge of a district court serving on such effective date.
Sec. 204. Section 45(b) of title 28. United States Code, is amended
by inserting " of the court in regular active service" immediately after
"ciircuit judges" in the second sentence.
Sec. 205. Section 46(c) of title 28, United States Code, is amended
by striking out the period at the end of the second sentence and
inserting in lieu thereof following: ", or such number of judges as may
be prescribed in accordance with section 6 of Public Law 95 - 486 (92
Stat. 1633), except that any senior circuit judge of the circuit shall
be eligible to participate, at his election and upon deignation and
assignment pursuant to section 294(c) of this title and the rules of the
circuit, as a member of an in banc court reviewing a decision of a panel
of which such judge was a member.".
Sec. 206. (a) Section 3006 A(h)(2)(A) of title 18, United States
Code, is amended--,
(1) by striking out "judicial council" each place it appears
and inserting in lieu thereof "court of appeals"; and
(2) by striking out " Judicial Council of the Circuit" and
inserting in lieu thereof "court of appeals of the circuit".
(b) Section 3006 A(i) of title 18, United States Code, is amended by
striking "judicial council" and inserting in lieu thereof "court of
appeals".
(c) The amendment made by subsection (a) of this section // 18 USC
3006 A // shall not affect the terms of existing appointments.
POSITIONS
Sec. 207. (a) Section 8332(b) of title 5, United States Code, is
amended by striking out "and" at the end of paragraph ( 0), by striking
out the period at the end of paragraph (11) and inserting in lieu
thereof ": and ", by inserting at the end thereof the following new
paragraph:
"(12) service as a justice or judge of the United States, as
defined by section 451 of title 28, and service as a judge of a
court created by Act of Congress in a territory which is invested
with any jurisdiction of a district court of the United States,
but no credit shall be allowed for such service if the employee is
entitled to a salary or an annuity under section 371, 372, or 373
of title 28.".
(b) Section 8334 of title 5, United States Code, is amended by
inserting at the end thereof the following new subsection:
"(i)(1) The Director of the Administrative Office of the United
States Courts shall pay to the Fund the amount which an employee may
deposit under subsection (c) of this section for sevice creditable under
section 8332(b)(12) of this title if such creditable service immediately
precedes service as an employee subject to this subchapter with a break
in service of no more than ninety working days. The Director shall pay
such amount from any appropriation available to him as a necessary
expense of the appropriation concerned.
"(2) The amount the Director pays in accordance with paragraph (1) of
this subsection shall be reduced by the amount of any refund to the
employee under section 376 of title 28. Except to the extent of such
reduction, the amount the Director pays to the Fund shall satisfy the
deposit requirement of subsection (c) of this section.
"(3) Notwithstanding any other provision of law, the amount the
Director pays under this subsection shall constitute an employer
contribution to the Fund, excludable under section 402 of the Internal
Revenue Code of 1954 // 26 USC 402. // from the employee's gross income
until such time as the contribution is distributed or made available to
the employee, and shall not be subject to refund or to lump-sum payment
to the employee.".
Sec. 208. (a) Chapter 131 of title 28, the United States Code, is
amended by adding at the end thereof the following new section:
" Section 2077. // 28 USC 2077 // Publication of rules; advisory
committees
"(a) The rules for the conduct of the business of each court of
appeals, including the operating procedures of such court, shall be
published. Each court of appeals shall print or cause to be printed
necessary copies of the rules. The Judicial Conference shall prescribe
the fees for sales of copies under section 1913 of this title, but the
Judicial Conference may provide for free distribution of copies to
members of the bar of each court and to other interested persons.
"(b) Each court of appeals shall appoint an advisory committe for the
study of the rules of practice and internal operating procedures of the
court of appeals. The advisory committee shall make recommendations to
the court concerning such rules and procedures. Members of the
committee shall serve without compensation, but the Director may pay
travel and transportation expenses in accordance with section 5703 of
title 5.".
(b) The section analysis of chapter 131 of title 28, United States
Code, is amended by adding at the end thereof the following new item:
"2077. Publication of rules; advisory committtees.".
Sec. 301. (a) Title 28, United States Code, is amended by adding the
following new chapter after chapter 97:
" Sec.
"1631. Transfer to cure want of jurisdiction.
" Section 1631. // 28 USC 1631. // Transfer to cure want of
jurisdiction
" Whenever a civil action is filed in a court as defined in section
610 of this title or an appeal, including a petiton for review of
administrative action, is noticed for or filed with such a court and
that court finds that there is a want of jurisdiction, the court shall,
if it is in the interest of justice, transfer such action or appeal to
any other such court in which the action or appeal could have been
brought at the time it was filed or noticed, and the action or appeal
shall proceed as if it had been filed in or noticed for the court to
which it is transferred on the date upon which it was actually filed in
or noticed for the court from which it is transfered.".
(b) The chapter analysis of part IV of title 28, United States Code,
is amended by adding at the end thereof the following:
"99. General Provisions 1931".
Sec. 302. (a) Section 1961 of title 28, United States Code, is
amended--,
(1) by inserting "(a)" immediately before " Interest shall" in
the first sentence;
(2) by striking out "at the rate allowed by State law" in the
last sentence and inserting in lieu thereof the following: "at a
rate equal to the coupon issue yield equivalent (as determined by
the Secretary of the Treasury) of the average accepted auction
price for the last auction of fifty-two week United States
Treasury bills settled immediately prior to the date of the
judgment.
The Director of the Administrative Office of the United
States Courts shall distribute notice of that rate and any changes
in it to all Federal judges"; and
(3) by adding at the end thereof the following new subsections:
"(b) interest shall be computed daily to the date of payment except
as provided in section 2516(b) of title 28, United States Code, and
section 1302 of the Act of July 27, 1956 (31 U.S.C. 724a), and shall be
compounded annually.
"(c)(1) This section shall not apply in any judgment of any court
with respect to any internal revenue tax case. Interest shall be
allowed in such cases at a rate established under section 6621 of the
Internal Revenue Code of 1954. // 26 USC 6621. //
"(2) Except as otherwise provided in paragraph (1) of this
subsection, interest shall be allowed on all final judgments against the
United States in the United States Court of Appeals for the Federal
circuit, at the rate provided in subsection (a) and as provided in
subsection (b).
"(3) Interest shall be allowed, computed, and paid on judgments of
the United States Claims Court only as provided in paragraph (1) of this
subsection or in any other provision of law.
"(4) This section shall not be construed to affect the interest on
any judgment of any court not specified in this section.".
(b) Section 2411 of title 28, United States Code, is amended--,
(1) in subsection (a) by striking out "(a)"; and
(2) by repealing subsection (b).
(c) Section 1302 of the Act of July 27, 1956 (31 U.S.C. 724a), is
amended by striking out "to which the provisions of section 2411(b) of
Title 28 apply".
(d) Section 2516(b) of title 28, United States Code, is amended by
striking out "at the rate of four percen per annum" and all that follows
through "affirmance" and inserting in lieu thereof ", from the date of
the filing of the transcript of the judgment in the General Accounting
Office to the date of the mandate of the affirmance, at a rate of
interest equal to the coupon issue yield equivalent ( as determined by
the Secretary of the Treasury) of the average accepted auction price for
the last auction of fifty-two week United States Treasury bills settled
immediately prior to the date of the judgment".
Sec. 401. (a) Section 753(b) of title 28, United States Code, shall
be amended to read as follows:
"(b) Each session of the court and every other proceeding designated
by rule or order of the court or by one of the judges shall be recorded
verbatim by shorthand, mechanical means, electronic sound recording, or
any other method, subject to regulations promulgated by the Judicial
Conference and subject to the discretion and approval of the judge. The
regulations promulgated pursuant to the preceding sentence shall
prescribe the types of electronic sound recording or other means which
may be used. Proceedings to be recorded under this section include (1)
all proceedings in criminal cases had in open court; (2) all
proceedings in other cases had in open court unless the parties with the
approval of the judge shall agree specifically to the contrary; and (3)
such other proceedings as a judge of the court may direct or as may be
required by rule or order of court as may be requested by any party to
the proceeding.
" The reporter or other individual designated to produce the record
shall attach his official certificate to the original shorthand notes or
other original records so taken and promptly file them with the clerk
who shall preserve them in the public records of the court for not less
than ten years.
" The reporter or other individual designated to produce the record
shall transcribe and certify such parts of the record of proceedings as
may be required by any rule or order of court, including all
arraignments, pleas, and proceedings in connection with the imposition
of sentence in criminal cases unless they have been recorded by
electronic sound recording as provided in this subsection and the
original records so taken have been certified by him and filed with the
clerk as provided in this subsection. He shall also transcribe and
certify such other parts of the record of proceedings as may be required
by rule or order of court. Upon the request of any party to any
proceeding which has been so recorded who has agreed to pay the fee
therefor, or of a judge of the court, the reporter or other individual
designated to produce the record shall promptly transcribe the original
records of the requested parts of the proceedings and attach to the
transcript his official certificate, and deliver the same to the party
or judge making the request.
" The reporter or other designated individual shall promptly deliver
to the clerk for the records of the court a certified copy of any
transcript so made.
" The transcript in any case certified by the reporter or other
individual designated to produce the record shall be deemed prima facie
a correct statement of the testimony taken and proceedings had. No
transcripts of the proceedings of the court shall be considered as
official except those made from the records certified by the reporter or
other individual designated to produce the record.
" The original notes or other original records and the copy of the
transcript in the office of the clerk shall be open during office hours
to inspection by any person without charge.".
(b) The regulations promulgated by the Judicial Conference pursuant
to subsection (b) of section 753 of title 28, // 28 USC 753 // as
amended by subsection (a) of this section, shall not take effect before
one year after the effective date of this Act. During the one-year
period after the date of the enactment of this Act, the Judicial
Conference shall experiment with the different methods of recording
court proceedings. Prior to the effective date of such regulations, the
law and regulations in effect the day before the date of enactment of
this Act shall remain in full force and effect.
Sec. 402. Unless otherwise specified, the provisions of this Act //
28 USC 171 // shall take effect on October 1, 1982.
Sec. 403. (a) Any case pending before the Court of Claims on the
effective date of this Act // 28 USC 171 // in which a report on the
merits has been filed by a commissioner, or in which there is pending a
request for review, and upon which the court has not acted, shall be
transferred to the United States Court of Appeals for the Federal
Circuit.
(b) Any matter pending before the United States Court of Customs and
Patent Appeals on the effective date of this Act shall be transferred to
the United States Court of Appeals for the Federal Circuit.
(c) Any petition for rehearing, reconsideration, alteration,
modification, or other change in any decision of the United States Court
of Claims or the United States Court of Customs and Patent Appeals
rendered prior to the effective date of this Act that has not been
determined by either of those courts on that date, or that is filed
after that date, shall be determined by the United States Court of
Appeals for the Federal Circuit.
(d) Any matter pending before a commissioner of the United States
Court of Claims on the effective date of this Act, or any pending
dispositive motion that the United States Court of Claims has not
determined on that date, shall be determined by the United States Claims
Court.
(e) Any case in which a notice of appeal has been filed in a district
court of the United States prior to the effective date of this Act shall
be decided by the court of appeals to which the appeal was taken.
Approved April 2, 1982.
LEGISLATIVE HISTORY- H.R. 4482 (S. 1700):
HOUSE REPORT No. 97 - 312 (Comm. on the Judiciary).
SENATE REPORT No. 97 - 275 accompanying S. 1700 (Comm. on the
Judiciary).
CONGRESSIONAL RECORD:
Vol. 127 (1981): Nov. 17, 18, considered and passed House.
Dec. 8, S. 1700 considered and passed Senate; proceedings vacated
and H.R. 4482, amended, passed in lieu.
Vol. 128 (1982): Mar. 9, House concurred in Senate amendment,
with an amendment. Mar. 22, Senate concurred in House amendment.
PUBLIC LAW 97-163, 96 STAT. 24
Energy Policy and Conservation
Act.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 252(j) of
the Energy Policy and Conservation Act (42 U.S.C. 6272(j)) // 95 Stat.
957. // is amended by striking " April 1, 1982", and inserting in its
place " June 1, 1982".
Approved April 1, 1982.
LEGISLATIVE HISTORY- S. 1937 (H.R. 5789):
HOUSE REPORT No. 97 - 474 accompanying H.R. 5789 (Comm. on Energy and
Commerce).
CONGRESSIONAL RECORD, Vol. 128 (1982):
Mar. 31, considered and passed Senate.
Apr. 1, H.R. 5789 considered and passed House; passage vacated
and S. 1937 passed in lieu.
PUBLIC LAW 97-162, 96 STAT. 23
Act.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 10(d) of
the Federal Grant and Cooperative Agreement Act of 1977 (Public Law 95 -
224; 41 U.S.C. 501 note) is amended by deleting the sentence: " This
authority shall expire one year after receipt by the Congress of the
study provided for in section 8 of this Act.".
Approved April 1, 1982.
LEGISLATIVE HISTORY- S. 892 (H.R. 3943):
HOUSE REPORT No. 97 - 450 accompanying H.R. 3943 (Comm. on Government
Operations).
SENATE REPORT No. 97 - 180 (Comm. on Governmental Affairs).
CONGRESSIONAL RECORD:
Vol. 127 (1981): Sept. 22, considered and passed Senate.
Vol.128 (1982): Mar. 23, H.R. 3943 considered and passed
House; proceedings vacated and S. 892 passed in lieu.
PUBLIC LAW 97-161, 96 STAT. 22
year 1982.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That section 102(c) of the
joint resolution of December 15, 1981 (Public Law 97 - 92), // 95 Stat.
1193. // is hereby amended by striking out " March 31, 1982" and
inserting in lieu thereof " September 30, 1982".
Approved March 31, 1982.
LEGISLATIVE HISTORY- H.J. Res. 409:
HOUSE REPORT No. 97 - 465 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 128 (1982):
Mar. 24, considered and passed House.
Mar. 29 - 31, considered and passed Senate.
PUBLIC LAW 97-160, 96 STAT. 21
experiments in flexible schedules
and compressed schedules under the Federal Employees
Flexible and Compressed
Work Schedules Act of 1978.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That, the Federal
Employees Flexible and Compressed Work Schedules Act of 1978 (5 U.S.C.
6101 et seq.) is amended--,
(1) by striking out "over a 3-year period" in the first
sentence of section 2;
(2) by striking out "the end of the 3-year period which begins
on the effective date of this title" in section 102(c) and
inserting in lieu thereof "the first day of the second pay period
beginning after July 4, 1982"; and
(3) by striking out "the end of the 3-year period which begins
on the effective date of this title" in section 202(d) and
inserting in lieu thereof "the first day of the second pay period
beginning after July 4, 1982".
Approved March 26, 1982.
LEGISLATIVE HISTORY- S. 2254:
CONGRESSIONAL RECORD, Vol. 128 (1982):
Mar. 22, considered and passed Senate.
Mar. 23, considered and passed House.
PUBLIC LAW 97-159, 96 STAT. 20
States of the International Communication
Agency slide show entitled " Montana: The People
Speak".
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) notwithstanding
the second sentence of section 501 of the United States Information and
Educational Exchange Act of 1948 (22 U.S.C. 1461)--,
(1) the Director of the International Communication Agency
shall make available to the Administrator of General Services a
master copy of the slide show entitled " Montana: The People
Speak"; and
(2) the Administrator shall reimburse the Director for any
expenses of the Agency in making that master copy available, shall
secure any licenses or other rights required for distribution of
that slide show within the United States, shall deposit that slide
show in the National Archives of the United States, and shall make
copies of that slide show available for purchase and public
viewing within the United States.
(b) Any reimbursement to the Director pursuant to this section shall
be credited to the applicable appropriation of the International
Communication Agency.
Approved March 24, 1982.
LEGISLATIVE HISTORY- S. 2166:
CONGRESSIONAL RECORD, Vol. 128 (1982):
Mar. 15, considered and passed Senate.
Mar. 23, considered and passed House.
PUBLIC LAW 97-158, 96 STAT. 18
Her Majesty Queen Beatrix
in recognition of the 1982 bicentennial anniversary of
diplomatic and trade relations
between the Netherlands and the United States.
Whereas Dutch antecedents in the United States go back to the early
1600's when a few doughty Dutch began to explore and settle Manhattan
Island and the Hudson River Valley;
Whereas the Netherlands became the first nation in 1776 to salute the
flag of the new American Nation;
Whereas John Adams, first United States Minister to the Netherlands
and second President of the United States, signed a mutually
advantageous Treaty to Amity and Commerce with the Netherlands in the
decisive year of 1782;
Whereas the Netherlands was the source of a series of needed loans
starting in 1782, which eventually totaled the equivalent of $12
million;
Whereas it is with the Netherlands that the United States has its
longest peaceful and unbroken relationship;
Whereas the year 1982 will mark the two hundredth anniversary of the
opening of diplomatic relations with the Netherlands;
Whereas these two centuries of official relations have been based on
exemplary friendship, mutual trust and respect, and a perceived interest
in practical forms of cooperation;
Whereas the thirty-six years of vigilant peace since the end of World
War II have seen a remarkable growth in the United States-Dutch
relationship; and
Whereas, in keeping with the spirit and content of the Treaty of
Amity and Commerce, the United States and the Netherlands have become
active partners in defense and commerce: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That (a) the President of the
United States is authorized to present, on behalf of the Congress, to
Her Majesty Queen Beatrix, a gold medal of appropriate design in
recognition of the two hundredth anniversary in 1982, of the
establishment of diplomatic and commercial relations between the
Governments of the United States and the Netherlands. For such purpose,
the Secretary of the Treasury is authorized and directed to cause to be
struck a gold medal with suitable emblems, devices, and inscriptions, to
be determined by the Secretary of the Treasury. There is authorized to
be appropriated not to exceed $22,000 after November 1, 1981, to carry
out the provisions of this subsection.
(b) The Secretary of the Treasury may cause duplicates in bronze of
such medal to be coined and sold under such regulations as he may
prescribe, at a price sufficient to cover the cost thereof, including
labor, materials, dies, use of machinery overhead expenses, and the gold
medal. The appropriation used to carry out the provisions of this
subsection (a) shall be reimbursed out of the proceeds of such sales.
(c) The medals provided for in this section are national medals for
the purpose of section 3551 of the Revised Statutes (31 U.S.C. 368).
Approved March 22, 1982.
LEGISLATIVE HISTORY- H.J. Res. 348 (S.J. Res. 157):
CONGRESSIONAL RECORD, Vol. 128 (1982):
Mar. 2, considered and passed House.
Mar. 4, S.J. Res. 157 considered in Senate; H.J. Res. 348
considered and passed Senate.
PUBLIC LAW 97-157, 96 STAT. 16
the Soviet Union should
respect the rights of its citizens to practice their
religion and to emigrate, and
that these matters should be among the issues raised at
the thirty-eighth meeting
of the United Nations Commission on Human Rights
at Geneva in February 1982.
Whereas the Soviet authorities have mounted a triple assault on their
Jewish community, (1) the number of Jews allowed to emigrate has been
reduced from a high of four thousand seven hundred and forty-six in the
month of October 1979 to a total of only nine thousand four hundred in
all of 1981, the lowest number since emigration began, (2) frequent
harassments, arrests, and trials have become an almost daily occurrence,
and (3) unparalleled assaults on Jewish self-study groups occur in the
major urban areas; and
Whereas such harassment and obstacles to free movement violate the
obligations of the Soviet Union to respect the rights of freedom of
thought, conscience, expression, religion, and emigration, as provided
for in the Universal Declaration of Human Rights, the International
Covenant on Civil and Political Rights, the Final Act of the Conference
on Security and Cooperation in Europe at Helsinki, and the Constitution
of the Union of Soviet Socialist Republics: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That it is the sense of the
Congress that--,
(1) the President should instruct the United States delegation
to the United Nations Commission on Human Rights meeting in Geneva
in February 1982 to carry to the Commission message that the
Soviet Union should respect the rights of its citizens to practice
their religion and to emigrate, should stop its harassments,
arrests, and trials of the members of its Jewish community, and
should stop its assaults on Jewish self-study groups;
(2) the Government of the Soviet Union should comply with its
obligations under the Universal Declaration of Human rights, the
International Covenant on Civil and Political Rights, the Final
Act of the Conference on Security and Cooperation in Europe at
Helsinki, and the Constitution of the Union of Socialist
Republics, by ceasing the indiscriminate arrests and trials of
Jewish activists, by ending the assults on Jewish self-study
groups, and by opening its doors to those who wish to emigrate;
(3) the President should express to the Government of the
Soviet Union the strong and continuing opposition of the United
States to such harassment of its citizenry, and the obstacles it
presents to those who wish to emigrate; and
(4) the President should reiterate to the Government of the
Soviet Union that the United States, in evaluating its relations
with other nations, will consider the extent to which they honor
their commitments under international law, particularly their
commitments concerning human rights.
Sec. 2. The President shall transmit copies of this resolution to
the Ambassador of the Soviet Union to the United States and to the
Chairman of the Presidium of the Supreme Soviet.
Approved March 22, 1982.
LEGISLATIVE HISTORY- H.J. Res. 373 (S.J. Res. 154):
CONGRESSIONAL RECORD, Vol. 128 (1982):
Mar. 2, considered and passed House.
Mar. 4, S.J. Res. 154 considered in Senate; H.J. Res. 373
considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 18, No. 12,
(1982):
Mar. 22, Presidential statement.
PUBLIC LAW 97-156, 96 STAT. 15
Day".
Whereas agriculture is this Nation's most basic industry, and its
associated production, processing, and marketing segments, together
provide more jobs than any other single industry; and
Whereas the productivity of American agriculture is a vital
ingredient in our strength as a nation, both domestically and on the
world scene; and
Whereas to maintain a healthy agriculture it is necessary that all
Americans should understand how agriculture affects their lives and
well-being, and should be aware of their personal stake in an abundant
food and fiber supply: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That March 18, 1982, is hereby
proclaimed " National Agriculture Day", and the President is authorized
and requested to issue a proclamation calling upon the people of the
United States to observe this day with appropriate ceremonies and
activities.
Approved March 18, 1982.
LEGISLATIVE HISTORY-S.J. Res. 148:
CONGRESSIONAL RECORD, Vol. 128 (1982):
Mar. 4, considered and passed Senate.
Mar. 11, considered and passed House.
PUBLIC LAW 97-155, 96 STAT. 14
Federal Republic of Germany
certain works of art seized by the United States
Army at the end of World
War II.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) the Secretary
of the Army may transfer to the Federal Republic of Germany, without
compensation, title to, and custody of, certain works of art seized from
the German Government by the United States Army after World War II.
Before any such transfer may be made, the Secretary of the Army shall
establish an interdepartmental committee to review such works of art.
Such committee shall include one member designated by the United States
Holocaust Memorial Council (established pursuant to the Act entitled "
An Act to establish the United States Memorial Council" (94 Stat. 1547;
36 U.S.C. 1402)). Any such work of art determined by the committee to
be inappropriate for such transfer under the provisions of part II,
section A, of the Protocol of the Proceedings of the Berlin (Potsdam)
Conference of July 17 through August 2, 1945, may not be so transferred.
(b) No funds of the United States may be expended in connection with
any transportation or handling costs incidental to any transfer
authorized by subsection (a).
Approved March 17, 1982.
LEGISLATIVE HISTORY-H.R. 4625:
HOUSE REPORT No. 97 - 298 (Comm. on Armed Services).
SENATE REPORT No. 97 - 291 (Comm. on Armed Services).
CONGRESSIONAL RECORD:
Vol. 127 (1981): Nov. 4, considered and passed House.
Vol. 128 (1982): Feb. 25, considered and passed Senate,
amended. Mar. 2, House concurred in Senate amendments.
PUBLIC LAW 97-154, 96 STAT. 13
P.T.A. Membership Month".
Whereas the National Congress of Parents and Teachers was founded in
1897 as an advocate for children and youth; and
Whereas the National Parent Teacher Association represents over
twenty-nine thousand State and local units with over six million active
members and is a volunteer organization concerned with improving the
educational opportunities and quality of life for all children and
youth; and
Whereas the Parent Teacher Association seeks to raise the standards
of home life and to secure for all children and youth the highest
advantages in physical, mental, social, and spiritual education: Now,
therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the month of October 1982
is designated " National P.T.A. Membership Month", and the President is
requested to issue a proclamation calling upon the people of the United
States to observe such month with appropriate ceremonies and activities.
Approved March 16, 1982.
LEGISLATIVE HISTORY-S.J. Res. 105:
CONGRESSIONAL RECORD:
Vol. 127 (1981): Sept. 16, considered and passed Senate.
Vol. 128 (1982): Feb. 10, considered and passed House,
amended. Mar. 2, Senate concurred in House amendments.
PUBLIC LAW 97-153, 96 STAT. 12
Whereas peaches are recognized as the number one summer fruit;
Whereas peaches are harvested in our Nation from May until October,
with peak supplies occurring nationally in July;
Whereas public awareness of the need for a well-balanced diet is
becoming increasingly evident;
Whereas medical authorities believe that proper nutrition can be a
factor in preventing and relieving diseases such as cancer,
cardiovascular diseases, and other illnesses; and
Whereas peaches, which contain only thirty-eight calories each, are
an important source of vitamin A, protein, and minerals, such as calcium
and iron, and can be a nutritious part of any well-balanced diet: 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 designate July 1982 as " National Peach
Month", to call upon the people of the United States to incorporate
nutritious peaches into their diets when they are in season, and to call
upon interested groups to celebrate this month with appropriate programs
and activities that will make the benefits of this succulent fruit and
of a well-balanced diet known to the consumers of America.
Approved March 16, 1982.
LEGISLATIVE HISTORY-S.J. Res. 91:
CONGRESSIONAL RECORD:
Vol. 127 (1981): June 25, considered and passed Senate.
Vol. 128 (1982): Feb. 10, considered and passed House, amended
Mar. 2, Senate concurred in House amendments.
PUBLIC LAW 97-152, 96 STAT. 11
the report of the Commission
on Wartime Relocation and Internment of Civilians.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 4(c) of the
Commission on Wartime Relocation and Internment of Civilians Act (94
Stat. 965; 50 U.S.C. app. 1981 note) is amended by striking out "the
date which" and all that follows through " Act" and inserting in lieu
thereof " December 31, 1982".
Approved March 16, 1982.
LEGISLATIVE HISTORY-H.R. 5021:
HOUSE REPORT No. 97 - 378 (Comm. on the Judiciary).
CONGRESSIONAL RECORD:
Vol. 127 (1981): Dec. 15, considered and passed House.
Vol. 128 (1982): Feb. 25, considered and passed Senate.
PUBLIC LAW 97-151, 96 STAT. 9
proclamation designating
March 21, 1982, as Afghanistan Day, a day to
commemorate the struggle of the
people of Afghanistan against the occupation of their
country by Soviet forces.
Whereas Afghanistan, more than two years after the Soviet invasion,
remains a nation occupied and terrorized by over eighty thousand Soviet
troops;
Whereas the continued Soviet occupation of Afghanistan is causing
enormous suffering among the people of Afghanistan, as well as the
deprivation of their basic right of national sovereignty;
Whereas over two and one-half million people of Afghanistan,
constituting more than 15 per centum of the country's population, have
fled the Soviet occupation and are now refugees in Pakistan and other
neighboring countries;
Whereas the Soviet invasion of Afghanistan undermines the spirit and
intention of the Declaration of Principles of the Final Act of the
Conference on Security and Cooperation in Europe, which the Union of
Soviet Socialist Republics signed at Helsinki in 1975;
Whereas the puppet regime of Babrak Karmal, installed and maintained
by the Union of Soviet Socialist Republics, has denied the people of
Afghanistan their right to self-determination, in violation of the
United Nations Charter;
Whereas the undaunted resistance of the Afghan freedom fighters
against the Soviet occupational forces is an inspiration to the free
world;
Whereas the United Nations General Assembly passed a resolution on
November 18, 1981, calling for "the immediate withdrawal of the foreign
troops from Afghanistan";
Whereas the people of Afghanistan observe March 21 as the start of
each new year and as a symbol of the nation's rebirth; and
Whereas the European Parliament has declared its intention to
commemorate March 21, 1982, as Afghanistan Day: 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 March 21,
1982, as Afghanistan Day, and calling upon the people of the United
States to observe such day with appropriate ceremonies and activities.
Approved March 10, 1982.
LEGISLATIVE HISTORY-S.J. Res. 142:
CONGRESSIONAL RECORD, Vol. 128 (1982):
Mar. 3, considered and passed Senate.
Mar. 4, considered and passed House.
PUBLIC LAW 97-150, 96 STAT. 8
week of February 28, 1982,
through March 6, 1982, as " National Construction
Industry Week".
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
February 28, 1982, through March 6, 1982, as " National Construction
Industry Week", and calling upon all Government agencies and people of
the United States to observe the week with appropriate programs,
ceremonies, and activities.
Approved March 1, 1982.
LEGISLATIVE HISTORY-S.J. Res. 122:
CONGRESSIONAL RECORD:
Vol. 127 (1981): Dec. 4, considered and passed Senate.
Vol. 128 (1982): Feb. 10, considered and passed House.
PUBLIC LAW 97-149, 96 STAT. 6
Persons".
Whereas the designation by the United Nations of 1981 as the
International Year of Disabled Persons has stimulated new progress
toward achieving the full participation in national and community life
of the thirty-five million Americans who have disabilities;
Whereas such progress has depended upon the initiative and resources
of individuals and organizations in all sectors of American society who
have worked in partnership with disabled persons;
Whereas such partnership has contributed substantially toward
improving the lives of disabled Americans;
Whereas further additional action is required to increase public
understanding of the unfulfilled needs and potential contributions of
disabled persons; and
Whereas further progress should be made in the United States toward
achieving the following long-term goals of and for disabled persons
promoted during the International Year of Disabled Persons: (1)
expanded educational opportunity; (2) improved access to housing,
buildings, and transportation; (3) expanded employment opportunity;
(4) expanded participation in recreational, social, and cultural
activities; (5) expanded and strengthened rehabilitation programs and
facilities; (6) purposeful application of biomedical research aimed at
conquering major disabling conditions; (7) reduction in the incidence
of disability by expanded accident and disease prevention; (8) expanded
application of technology to minimize the effects of disability; and
(9) expanded international exchange of information and experience to
benefit all disabled persons; and
Whereas the United Nations is building upon the International Year of
Disabled Persons momentum and is considering long--, term initiatives to
improve the lives of the world's one-half billion disabled persons:
Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That 1982 hereby is designated
the " National Year of Disabled Persons", and the President of the
United States is authorized and requested to issue a proclamation
calling upon the elected officials and people of the United States to
observe such year through activities in support of the long-term goals
for disabled persons promoted during the International Year of Disabled
Persons.
Approved February 26, 1982.
LEGISLATIVE HISTORY-S.J. Res. 134:
CONGRESSIONAL RECORD:
Vol. 127 (1981): Dec. 16, considered and passed Senate.
Vol. 128 (1982): Feb. 10, considered and passed House.
PUBLIC LAW 97-148, 96 STAT. 5
Department of Labor for the
fiscal year ending September 30, 1982.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the following sums are
appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 1982, namely:
EMPLOYMENT
SERVICES
For an additional amount for " Grants to States for unemployment
insurance and employment services", from the Employment Security
Administration Account in the Unemployment Trust Fund, $343,490,000, of
which $146,700,000 shall be available only to the extent necessary to
meet increased costs of administration resulting from changes in a State
law or increases in the number of unemployment insurance claims filed
and claims paid or increased salary costs resulting from changes in
State salary compensation plans embracing employees of the State
generally over those upon which the State's basic grant was based, which
cannot be provided for by normal budgetary adjustments: Provided, That
any portion of the funds granted to a State in the current fiscal year
and not obligated by the State in that year shall be returned to the
Treasury and credited to the account from which derived.
FUNDS
For an additional amount for " Advances to the Unemployment Trust
Fund and Other Funds", $1,950,000,000, to remain available until
September 30, 1983.
Approved February 22, 1982.
LEGISLATIVE HISTORY-H.J. Res. 391:
HOUSE REPORT No. 97 - 425 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 128 (1982):
Feb. 9, considered and passed House.
Feb. 10, considered and passed Senate.
PUBLIC LAW 97-147, 96 STAT. 4
fiscal year ending
September 30, 1982, for the Department of
Agriculture.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the following sum is
appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 1982; namely:
To reimburse the Commodity Credit Corporation for net realized losses
sustained heretofore, but not previously reimbursed, pursuant to the Act
of August 17, 1961 (15 U.S.C. 713a-11, 713a-12), $5,000,000,000.
Sec. 2. (a) The following sum is appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year ending
September 30, 1982, namely:
For an additional amount for " Low Income Energy Assistance",
$123,000,000.
(b) None of the funds appropriated under this joint resolution shall
be used, obligated, or expended for the purposes of section 2604(f),
2605(k), 2607(b)(1), or 2607(b)(2) of the Omnibus Budget Reconciliation
Act of 1981. // 95 Stat. 894, 896, 900. //
Approved February 15, 1982.
LEGISLATIVE HISTORY-H.J. Res. 389:
HOUSE REPORT No. 97 - 424 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 128 (1982):
Feb. 9, considered and passed House.
Feb. 9, 10, considered and passed Senate, amended.
Feb. 10, House concurred in Senate amendment.
PUBLIC LAW 97-146, 96 STAT. 3
International Communication
Agency film " Let Poland Be Poland: A Day of
Solidarity With the People of
Poland".
Whereas the Polish Action Committee has called on free peoples
everywhere to commemorate January 30, 1982, as a Day of Solidarity with
the People of Poland;
Whereas the American Federation of Labor and Congress of Industrial
Organizations, the International Confederation of Free Trade Unions
(ICFTU), and other labor organizations throughout the world are
commemorating this day with rallies and other observances;
Whereas the President has issued a proclamation declaring January 30,
1982, to be Solidarity Day in the United States;
Whereas the heads of state of many free world nations will join in
observing Solidarity Day;
Whereas these observances will be broadcast worldwide, over
television and radio, to an expected audience of over 300 million
people; and
Whereas it is desirable that the people of the United States be aware
of, and participants in, this worldwide effort: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That notwithstanding the second
sentence of section 501 of the United States Information and Educational
Exchange Act of 1948 (22 U.S.C. 1461), the Director of the International
Communication Agency may make the film entitled " Let Poland Be Poland:
A Day of Solidarity With the People of Poland" available for
broadcasting in the United States on January 31, 1982, or within thirty
days thereafter.
Approved January 30, 1982.
LEGISLATIVE HISTORY- H.J. Res. 382 (S.J. Res. 139):
CONGRESSIONAL RECORD, Vol. 128 (1982):
Jan. 27, considered and passed House.
Jan. 28, considered and passed Senate.
PUBLIC LAW 97-145, 95 STAT. 1727, EXPORT ADMINISTRATION AMENDMENTS
ACTS OF 1981
1983 to carry out the
purposes of the Export Administration 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 this Act // 50 USC
app. 2401 // may be cited as the " Export Adminstration Amendments Act
of 1981".
Sec. 2. (a) Section 18(b)(1) of the Export Administration Act of
1979 (50 U.S.C. App. 2417(b)(1)) is amended to read as follows:
"(1) $9,659,000 for each of the fiscal years 1982 and 1983;
and".
(b) The amendment made by subsection (a) // 50 USC app. 2417 // shall
be effective as of October 1, 1981.
Sec. 3. Section 12(c) of the Export Administration Act of 1979(50
U.S.C. App. 2411(c)) is amended by adding at the end thereof the
following:
"(3) Departments or agencies which obtain information which is
relevant to the enforcement of this Act shall furnish such information
to the department or agency with enforcement responsibilities under this
Act to the extent consistent with the protection of intelligence,
counterintelligence, and law enforcement sources, methods, and
activities. The provisions of this paragraph shall not apply to
information subject to the restrictions set forth in section 9 of title
13, United States Code; and return information, as defined in
subsection (b) of section 6103 of the Internal Revenue Code of 1954, //
26 USC 6103. // may be disclosed only as authorized by such section.".
Sec. 4. (a) Section 11(b)(1) of the Export Administration Act of
1979 (50 U.S.C. App. 2410(b)(1)) is amended by striking out "purposes,"
and all that follows through the period at the end thereof and inserting
in lieu thereof the following: "purposes--,
"(A) except in the case of an individual, shall be fined not
more than five times the value of the exports involved or
$1,000,000, whichever is greater; and
"(B) in the case of an individual, shall be fined not more than
$250,000, or imprisoned not more than 10 years, or both.".
(b) Section 11(b)(2) of that Act (50 U.S.C. App. 2410(b)(2)) is
amended by striking out " Defense," and all that follows through the
period at the end of the first sentence and inserting in lieu thereof
the following: " Defense--,
"(A) except in the case of an individual, shall be fined not
more than five times the value of the exports involved or
$1,000,000, whichever is greater; and
"(B) in the case of an individual, shall be fined not more than
$250,000, or imprisoned not more than 5 years, or both.".
(c) Section 11(c)(1) of that Act (50 U.S.C. App. 2410(c)(1)) is
amended by inserting immediately before the period at the end thereof
the following: ", except that the civil penalty for each such violation
involving national security controls imposed under section 5 of this Act
or controls imposed on the export of defense articles and defense
services under section 38 of the Arms Export Control Act // 22 USC 2778.
// may not exceed $100,000.".
(d) The amendments made by this section // 50 USC app. 2410 // apply
with respect to violations occurring after the date of the enactment of
this Act.
Sec. 5. Section 12(c)(2) of the Export Administration Act of 1979
(50 U.S.C. App. 2411(c)(2)) is amended to read as follows:
"(2) Nothing in this Act shall be construed as authorizing the
withholding of information from the Congress or from the General
Accounting Office. All information obtained at any time under this Act
or previous Acts regarding the control of exports, including any report
or license application required under this Act, shall be made available
to any committee or subcommittee of Congress of appropriate jurisdiction
upon request of the chairman or ranking minority member of such
committee or subcommittee. No such committee or subcommittee, or member
thereof, shall disclose any information obtained under this Act or
previous Acts regarding the control of exports which is submitted on a
confidential basis unless the full committee determines that the
withholding of that information is contrary to the national interest.
Notwithstanding paragraph (1) of this subsection, information referred
to in the second sentence of this paragraph shall, consistent with the
protection of intelligence, counterintelligence, and law enforcement
sources, methods, and activities, as determined by the agency that
originally obtained the information, and consistent with the provisions
of section 313 of the Budget and Accounting Act, 1921, // 31 USC 54. //
be made available only by that agency, upon request, to the Comptroller
General of the United States or to any officer or employee of the
General Accounting Office who is authorized by the Comptroller General
to have access to such information. No officer or employee of the
General Accounting Office shall disclose, except to the Congress in
accordance with this paragraph, any such information which is submitted
on a confidential basis and from which any individual can be
identified.".
Sec. 6. Section 6(f) of the Export Administration Act of 1979 (50
U.S.C. 2405(f)) // 50 USC app. 2405. // is amended--,
(1) in the subsection caption by inserting " AND FOR CERTAIN
FOOD EXPORTS" immediately after " SUPPLIES";
(2) by inserting the following immediately after the first
sentence: " Before export controls on food are imposed, expanded,
or extended under this section, the Secretary shall notify the
Secretary of State in the case of export controls applicable with
respect to any developed country and shall notify the Director of
the United States International Development Cooperation Agency in
the case of export controls applicable with respect to any
developing country. The Secretary of State with respect to
developed countries, and the Director with respect to developing
countries, shall determine whether the proposed export controls on
food would cause measurable malnutrition and shall inform the
Secretary of that determination. If the Secretary is informed
that the proposed export controls on food would cause measurable
malnutrition, then those controls may not be imposed, expanded, or
extended, as the case may be, unless the President determines that
those controls are necessary to protect the national security
interests of the United States, or unless the President determines
that arrangements are insufficient to ensure that the food will
reach those most in need. Each such determination by the
Secretary of State or the Director of the United States
International Development Cooperation Agency, and any such
determination by the President, shall be reported to the Congress,
together with a statement of the reasons for that determination.";
(3) in the next to the last sentence by striking out
"supplies," and inserting in lieu thereof "supplies or of food";
and
(4) in the last sentence by inserting immediately before the
period "or to any export control on food which is in effect on the
date of the enactment of the Export Administration Amendments Act
of 1981".
Sec. 7. Notwithstanding any other provision of law, no provision of
the Export Administration Act of 1979, // 50 USC app. 2405. // as
amended by this Act, or of any other Act shall be construed to prohibit
the exercise of authorities contained in the Export Administration Act
of 1979 // 50 USC app. 2401. // to impose a total embargo in the event
of Soviet or Warsaw Pact military action against Poland.
Approved December 29, 1981.
LEGISLATIVE HISTORY- H.R. 3567 (S. 1112):
HOUSE REPORTS: No. 97 - 57 (Comm. on Foreign Affairs) and No. 97 -
401 (Comm. of Conference).
SENATE REPORT No. 97 - 91 accompanying S. 1112 (Comm. on Banking,
Housing, and Urban Affairs).
CONGRESSIONAL RECORD, Vol. 127 (1981):
June 8, considered and passed House.
Nov. 9, 10, 12, S. 1112 considered in Senate.
Nov. 12, considered and passed Senate, amended, in lieu of S.
1112.
Dec. 15, Senate agreed to conference report.
Dec. 16, House agreed to conference report.
PUBLIC LAW 97-144, 95 STAT. 1725
week of January 17, 1982,
through January 23, 1982, as " National Jaycee Week".
Whereas the Jaycee idea began with a handful of young men in Saint
Louis, Missouri, sixty-two 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 Jaycee 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 17, 1982, through January 23, 1982, 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 December 29, 1981.
LEGISLATIVE HISTORY-S.J. Res. 117:
CONGRESSIONAL RECORD, Vol. 127 (1981):
Dec. 16, considered and passed Senate and House.
PUBLIC LAW 97-143, 95 STAT. 1723
U.S.C. 193a).
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) the Act
entitled " An Act to define the area of the United States Capitol
Grounds, to regulate the use thereof, and for other purposes", approved
July 31, 1946, as amended (40 U.S.C. 193a), is amended by inserting
immediately after section 9 thereof the following new section:
" Sec. 9 A. // 40 USC 212a-2. // (a) Subject to the direction of the
Capitol Police Board, the United States Capitol Police is authorized to
protect, in any area of the United States, the person of any Member of
Congress, officer of the Congress, as defined in section 431 of the Act
of October 26, 1970 (2 U.S.C. 60 - 1(b)), and any member of the
immediate family of any such Member or officer, if the Capitol Police
Board determines such protection to be necessary.
"(b) In carrying out its authority under this section, the Capitol
Police Board, or its designee, is authorized, in accordance with
regulations issued by the Board pursuant to this section, to detail, on
a case-by-case basis, members of the United States Capitol Police to
provide such protection as the Board may determine necessary under this
section.
"(c) In the performance of their protective duties under this
section, members of the United States Capitol Police are authorized (1)
to make arrests without warrant for any offense against the United
States committed in their presence, or for any felony cognizable under
the laws of the United States if they have reasonable grounds to believe
that the person to be arrested has committed or is committing such
felony; and (2) to utilize equipment and property of the Capitol
Police.
"(d) Whoever knowingly and willfully obstructs, resists, or
interferes with a member of the Capitol Police engaged in the
performance of the protective functions authorized by this section,
shall be fined not more than $300 or imprisoned not more than one year,
or both.
"(e) Nothing contained in this section shall be construed to imply
that the authority, duty, and function conferred on the Capitol Police
Board and the United States Capitol Police are in lieu of or intended to
supersede any authority, duty, or function imposed on any Federal
department, agency, bureau, or other entity, or the Metropolitan Police
of the District of Columbia, involving the protection of any such
Member, officer, or family member.
"(f) As used in this section, the term ' United States' means each of
the several States of the United States, the District of Columbia, and
territories and possessions of the United States.".
(b) Section 1114 of title 18, United States Code, is amended by
inserting immediately after "any officer or employee of the Secret
Service or of the Drug Enforcement Administration," the following: "any
officer or member of the United States Capitol Police,".
Approved December 29, 1981.
LEGISLATIVE HISTORY-S. 1976:
CONGRESSIONAL RECORD, Vol. 127 (1981):
Dec. 16, considered and passed Senate and House.
PUBLIC LAW 97-142, 95 STAT. 1721
purchase or condemnation,
such interests in oil, gas, coal, and other minerals
owned or controlled by the
Osage Tribe of Indians as are needed for Skiatook
Lake, Oklahoma, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Congress finds
that--,
(1) Under the Act of June 28, 1906 (34 Stat. 539; Public Law
59 - 321), the Osage Tribal Council is vested with authority to
administer the Osage mineral estate and that such authority
includes authority to agree upon compensation to be paid the Osage
Tribe of Indians for the subordination to be acquired under the
terms of this Act.
(2) The Osage Tribal Council and the United States Corps of
Engineers have agreed that $7,400,000 should be paid to the Osage
Tribe of Indians as compensation for the acquisition of the
subordination of the oil, gas, coal, and other minerals owned by
the Osage Tribe as is necessary for the construction of works
relating to the Skiatook Lake and the operation and maintenance of
such lake.
Sec. 2. (a) Immediately upon the payment of $7,400,000, as provided
in subsection (b) of this section, there hereby vests in the United
States a subordination of such interests in oil, gas, coal, and other
minerals owned by the Osage Tribe of Indians or held in trust by the
United States for the benefit of the tribe as are necessary for the
construction of works relating to Skiatook Lake and the operation and
maintenance of such lake as a part of the project for improvement of the
Verdigris River and tributaries, Oklahoma and Kansas, authorized by
section 203 of the Flood Control Act of 1962 (76 Stat. 1180; Public Law
87 - 874). The nature of the subordination and the conditions and
restrictions for oil and gas operations within the project area are set
forth in the agreement between the Osage Tribe of Indians and the
Secretary of the Army as set out in a resolution of the Osage Tribal
Council numbered 25 - 651, dated December 3, 1981, together with
appendices " A (Public Use Areas)"; " A (Reservoir Areas)"; " B-1";
and " B-2".
(b) The payment of $7,400,000 for such subordination shall be made by
the Secretary of the Army to the Secretary of the Interior, on behalf of
the Osage Tribe of Indians.
(c) The Secretary of the Army is authorized to acquire, by purchase
or condemnation, a subordination of any interest in oil, gas, coal, and
other minerals leased by, or on behalf of, the Osage Tribe of Indians as
are necessary for the Skiatook Lake project referred to in subsection
(a) of this section.
Sec. 3. The Secretary of the Interior, upon payment by the Secretary
of the Army of the amount authorized by section 1 of this Act, is
authorized to disburse such payment to the Osage Tribe of Indians in
accordance with applicable law.
Sec. 4. Funds paid to the Osage Tribe of Indians under the
provisions of this Act shall not be subject to the payment of attorney
fees.
Approved December 29, 1981.
LEGISLATIVE HISTORY-H.R. 4926:
HOUSE REPORT No. 97 - 382 Pt. 1 (Comm. on Interior and Insular
Affairs).
CONGRESSIONAL RECORD, Vol. 127 (1981):
Dec. 15, considered and passed House and Senate.
PUBLIC LAW 97-141, 95 STAT. 1719, FEDERAL PHYSICIANS COMPARABILITY
ALLOWANCE AMENDMENTS OF 1981
Federal Physicians Comparability
Allowance Act of 1978, 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 // 5 USC
5948 // may be cited as the " Federal Physicians Comparability Allowance
Amendments of 1981".
Sec. 2. Section 5948 of title 5, United States Code, is amended--,
(1) in subsection (d)--,
in
lieu thereof " September 30, 1983"; and
in
lieu thereof " September 30, 1985";
(2) in subsection (g), by amending so much of paragraph (1) as
precedes subparagraph (A) to read as follows:
"(1) ' Government physician' means any individual employed as a
physician or dentist who is paid under-"; and
(3) in subsection (g)(1)(F), by striking out "title 4 of the
Foreign Service Act of 1946 (22 U.S.C. 861 - 890)" and inserting
in lieu thereof "chapter 4 of title I of the Foreign Service Act
of 1980 (22 U.S.C. 3961 and following)".
Sec. 3. Section 3 of the Federal Physicians Comparability Allowance
Act of 1978 (Public Law 95 - 603; 92 Stat. 3018) // 5 USC 5948 // is
amended by striking out " September 30, 1985".
Sec. 4. (a) Any service agreement entered into on or after the date
of the enactment of this Act // 5 USC 5948 // pursuant to section 5948
of title 5, United States Code, as amended by section 2 of this Act,
shall be effective only to such extent or in such amounts as are
provided in advance in appropriation Acts.
(b) The amendments made by this Act shall not be construed to
authorize additional or supplemental appropriations for the fiscal year
ending September 30, 1982.
Sec. 5. (a) Section 8344(c) of title 5, United States Code, relating
to termination of civil service annuities on reemployment, is amended by
adding at the end thereof the following: " Upon separation from such
position, an individual whose annuity is so terminated is entitled to
have his rights redetermined under this subchapter, except that the
amount of the annuity resulting from such redetermination shall be at
least equal to the amount of the terminated annuity plus any increases
under section 8340 of this title occurring after the termination and
before the commencement of the redetermined annuity.".
(b)(1) Subject to paragraph (2), the amendment made by subsection (a)
shall apply to individuals whose annuities terminate under section
8344(c) of title 5, United States Code, // 5 USC 8344 // on or after
October 1, 1976.
(2) In the case of an individual whose reemployment ended before the
date of the enactment of this Act, the amendment shall apply only upon
application by the individual to the Office of Personnel Management
within one year after the date of enactment. Upon receipt of such
application, the Office shall recompute the annuity, effective as of the
day following the day reemployment ended.
Approved December 29, 1981.
LEGISLATIVE HISTORY- S. 1551 (H.R. 4793):
HOUSE REPORT No. 97 - 317 accompanying H.R. 4793 (Comm. on Post
Office and Civil Service).
SENATE REPORT No. 97 - 257 (Comm. on Governmental Affairs).
CONGRESSIONAL RECORD, Vol. 127 (1981):
Nov. 9, considered and passes Senate.
Nov. 17, H.R. 4793 considered and passed House; proceedings
vacated and S. 1551, amended, passed in lieu.
Dec. 15, Senate concurred in House amendments.
PUBLIC LAW 97-140, 95 STAT. 1717
the Tarrant County Water
Control and Improvement District Numbered 1 and the
city of Weatherford,
Texas, for the use of water supply storage in
Benbrook Lake, and for other
purposes.
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 provide for municipal use of storage water in Benbrook Dam,
Texas" approved July 24, 1956 (70 Stat. 632) (as amended by section 6 of
Public Law 91 - 282 (84 Stat. 312) and section 9 of Public Law 92 - 222
(85 Stat. 799)), is amended--,
(1) in the first sentence, by inserting "and with the Tarrant
County Water Control and Improvement District Numbered 1, the city
of Grandbury, and with the city of Weatherford," after " Benbrook
Water and Sewer Authority,";
(2) in the second sentence, by inserting "or the Tarrant County
Water Control and Improvement District Numbered 1, the city of
Grandbury, or the city of Weatherford" after " Benbrook Water and
Sewer Authority"; and
(3) by adding at the end thereof the following new sentence: "
To the extent consistent with the authorized purposes of the
project, the Secretary of the Army is authorized to contract with
the Tarrant County Water Control and Improvement District Numbered
1 to provide for the use by such district of terminal storage in
the Benbrook Reservoir for water of such district delivered into
the Benbrook Reservoir from other sources.".
Sec. 2. (a) The third sentence of section 205 of the Flood Control
Act of 1948 (33 U.S.C. 701s) is amended to read as follws: " Not more
than $4,000,000 shal be allotted under this section for a project at any
single locality.".
(b) The amendment made by this section // 33 USC 701s // shall not
apply to any project under contract for construction on the date of
enactment of this Act.
Sec. 3. Section 164 of the Water Resources Development Act of 1976
(Public Law 94 - 587) is amended by deleting the figure "$21,000,000"
and inserting in lieu thereof "$23,200,000".
Sec. 4. The Secretary shall relocate the water supply intake
facility on the Missouri River at Springfield, South Dakota, which
facility is subject to severe sedimentation, at an estimated cost of
$2,190,000.
Sec. 5. (a) The proviso of section 2 of Public Law 84 - 485 // 43
USC 620a // shall not be construed to prohibit the storage of San
Juan-Chama project water acquired by contract with the Secretary of the
Interior pursuant to Public Law 87 - 483 in any reservoir, including the
storage of water for recreation and other beneficial purposes by any
party contracting with the Secretary for project water.
(b) The Secretary of the Army, acting through the Chief of Engineers,
is authorized to enter into agreements with entities which have
contracted with the Secretary of the Interior for water from the San
Juan-Chama project pursuant to Public Law 87 - 483 for storage of a
total of two hundred thousand acre-feet of such water in Abiquiu
Reservoir. The Secretary of the Interior is hereby authorized to
release San Juan-Chama project water to contracting entities for such
storage. The agreements to thus store San Juan-Chama project water
shall not interfere with the authorized purposes of the Abiquiu Dam and
Reservoir project and shall include a requirement that each user of
storage space shall pay any increase in operation and maintenance costs
attributable to the storage of that user's water.
(c) The Secretary of the Interior is authorized to enter into
agreements with entities which have contracted with the Secretary of the
Interior for water from the San Juan-Chama project pursuant to Public
Law 87 - 483 for storage of such water in Elephant Butte Reservoir. The
Secretary of the Interior is hereby authorized to release San Juan-Chama
project water to contracting entities for such storage. Any increase in
operation and maintenance costs resulting from such storage not offset
by increased power revenues resulting from that storage shall be paid
proportionately by the entities for which the San Juan-Chama project
water is stored.
(d) The amount of evaporation loss and spill chargeable to San
Juan-Chama project water store pursuant to subsections (b) and (c) of
this section shall be accounted as required by the Rio Grand compact and
the procedures established by the Rio Grande Compact Commission. sec.
6. // 16 USC 460d // Notwithstanding any other provision of law, no
houseboat, floating cabin, marina (including any with sleeping
facilities), or lawfully installed dock or cabin and appurtenant
structures shall be required to be removed before December 31, 1989,
from any Federal water resources reservoir or lake project administered
by the Secretary of the Army, acting through the Chief of Engineers, on
which it was located on the date of enactment of this Act, if such
property is maintained in usable condition, and, in the judgment of the
Chief of Engineers, does not occasion a threat to life or property.
Approved December 29, 1981.
LEGISLATIVE HISTORY-H.R. 779:
HOUSE REPORT No. 97 - 95 (Comm. on Public Works and Transportation).
CONGRESSIONAL RECORD, Vol. 127 (1981):
June 1, considered and passed House.
Dec. 16, considered and passed Senate, amended; House
concurred in Senate amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 17, No. 53 (1981):
Dec. 29, Presidential statement.
PUBLIC LAW 97-139, 95 STAT. 1715
" Bicentennial Yar of the
American Bald Eagle" and the designation of
June 20, 1982, as " National Bald
Eagle Day".
Whereas on June 20, 1782, the Congress adopted the American bald
eagle as the symbol of our Nation;
Whereas the American bald eagle was so adopted because of its
legendary strength and its single-minded commitment to the protection of
its young and the defense of its home;
Whereas the American public has adopted the American bald eagle as a
symbol of strength, courage, determination, and beauty;
Whereas the seals of twelve States and the District of Columbia bear
the image of the American bald eagle;
Whereas human encroachment on the American bald eagle's natural
habitat has resulted in the designation of the American bald eagle as an
endangered species throughout most of the United States;
Whereas Federal, State, and local governments and private wildlife
conservation groups have adopted programs in recent years to increase
the number and dispersal of nesting pairs in the United States;
Whereas the celebration of the Bicentennial Year of the American Bald
Eagle and National Bald Eagle Day will serve to make people aware of the
current plight of our country's living symbol;
Whereas such celebration will draw attention to the spirit the
American bald eagle represents and the pride that it signifies;
Whereas such celebration should be conducted in a manner that
encourages additional efforts to keep the American bald eagle a flying
symbol of freedom: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the year 1982 is
designated as the " Bicentennial Year of the American Bald Eagle" and
June 20, 1982, is designated as " National Bald Eagle Day". In order to
promote and enhance efforts to inform the American people of the plight
of our national bird, the American bald eagle, and to encourage
additional efforts to protect and increase the population of this symbol
of our Nation, the President of the United States is authorized and
requested--,
(1) to issue a proclamation calling upon the people of the
United States, including wildlife conservation organizations and
educational institutions, to observe such year and day with
appropriate ceremonies and activities;
(2) to send a suitable copy of such proclamation to the
Governor of each State and to each Member of Congress; and
(3) to direct all Federal agencies and departments which have
activities which affect the bald eagle to cooperate with and
participate in the celebration of such year and day.
Approved December 29, 1981.
LEGISLATIVE HISTORY-S.J. Res. 121:
CONGRESSIONAL RECORD, Vol. 127 (1981):
Dec. 15, considered and passed Senate.
Dec. 16, considered and passed House.
PUBLIC LAW 97-138, 95 STAT. 1713
Education Day".
Whereas inexpensive and abundant energy permitted our great Nation to
rise to a position of preeminence in the world community of nations;
and
Whereas events of recent years have shown that our growing dependence
on foreign energy supplies present a serious threat to the national
security of the United States and to the health, safety, and welfare of
its citizens; and
Whereas the development of new technologies to increase supplies and
efficient use of traditional domestic and renewable energy resources
promise to reduce our dependence on insecure and financially draining
foreign energy supplies; and
Whereas these fundamental changes require the update of our
educational system at all grade levels to prepare our youth to meet the
new demands which are being created; and
Whereas the celebration of National Energy Education Day (NEED) will
bring together students, teachers, school officials, and community
members, to focus attention, during the past year, on the growth of an
energy educated public, both young and old; and
Whereas NEED must also prompt additional efforts for the upcoming
year which will demonstrate that to ignore the plight of an energy
shortfall and to fail to seek sound remedies would be an error: Now,
therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That March 19, 1982, is
proclaimed " National Energy Education Day" to expedite and enhance
energy education programs in schools, both public and private, at all
grade levels, and the President is authorized and requested to (a) issue
a proclamation calling upon the general public and educational
institutions of the United States to observe this day with appropriate
activities and ceremonies, and (b) to send suitable engrossed copies to
all of the Nation's Governors and Members of Congress, and (c) to direct
all appropriate Federal agencies to cooperate with and participate in
the celebration of " National Energy Education Day".
Approved December 29, 1981.
LEGISLATIVE HISTORY-S.J. Res. 84:
CONGRESSIONAL RECORD, Vol. 127 (1981):
July 24, considered and passed Senate.
Dec. 16, considered and passed House.
PUBLIC LAW 97-137, 95 STAT. 1709
National Wildlife Refuge,
Coos County, State of Oregon, 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. // 16 USC 668dd // For the preservation and enhancement of
the highly significant wildlife habitat of the area known as Bandon
Marsh, in the estuary of the Coquille River in the State of Oregon, for
the protection of migratory waterfowl, numerous species of shorebirds
and fish, including Chinook and silver salmon, and to provide
opportunity for wildlife-oriented recreation and nature study on the
marsh, the Secretary of the Interior (hereinafter in this title referred
to as the " Secretary") shall establish as part of the national wildlife
refuge system a national wildlife refuge to be known as the Bandon Marsh
National Wildlife Refuge (hereinafter in this title referred to as the
"refuge").
Sec. 102. There shall be included within the boundaries of the
refuge those lands and waters generally depicted on the map entitled "
Bandon Marsh National Wildlife Refuge", dated September 1980, comprising
approximately three hundred acres. The map shall be on file and
available for public inspection in the office of the United States Fish
and Wildlife Service, Department of the Interior.
Sec. 103. The Secretary may acquire lands or waters, or interests
therein, within the boundaries of the refuge by donation, purchase with
donated or appropriated funds, or exchange. Any lands, waters, or
interests therein owned by the State of Oregon or by any political
subdivision thereof may be acquired only with the consent of the owner
thereof.
Sec. 104. The Secretary shall establish the refuge by publication of
a notice to that effect in the Federal Register at such time as he
determines that lands, waters, and interests therein sufficient to
constitute an efficiently administrable refuge have been acquired.
Sec. 105. The Secretary shall administer the lands, waters, and
interests therein acquired for the refuge in accordance with the
National Wildlife Refuge System Administration Act of 1966 (16 U.S.C.
668dd and 668ee). The Secretary may utilize, to the extent he deems
appropriate to carry out the purposes of this title, such additional
statutory authority as may be available to him for (1) the development
of outdoor recreation opportunities compatible with the wildlife
resources of the refuge, and (2) interpretive education.
Sec. 106. Beginning October 1, 1982, there are authorized to be
appropriated $270,000 for the acquisition of lands, waters, or interests
therein, for the refuge.
Sec. 201. // 16 USC 668dd // The Congress finds that--,
(1) the area along the Ohio River near the city of Louisville,
Kentucky, contains highly significant varied wildlife and supports
important aquatic nurseries;
(2) the area includes a unique and world-renowned three--,
hundred-million-year-old fossilized coral reef which is the only
place where the Ohio River flows over bedrock;
(3) the wetlands of this area represent one of the most
valuable and unique wildlife habitat types in the United States
and have extremely high value for fishermen, birdwatchers, nature
photographers, paleontologists, and others; and
(4) this area should be preserved to ensure the well-being of
these species, to provide wildlife-oriented recreation for the
public and encourage the study of fossils.
Sec. 202. For purposes of this title:
(1) The term " Secretary" means the Secretary of the Interior.
(2) The term "selection area" means those lands and waters near
the Mc Alpine Dam in the Ohio River located in Jefferson County,
Kentucky, and Clark and Floyd Counties, Indiana, depicted on the
map entitled " Falls of the Ohio National Wildlife Conservation
Selection Area", dated December, 1981, and on file at the United
States Fish and Wildlife Service.
(3) The term "wildlife conservation area" means the Falls of
the Ohio National Wildlife Conservation Area.
Sec. 203. The purposes for which the Falls of the Ohio National
Wildlife Conservation Area is established are--,
(1) to protect wildlife populations and habitats in their
natural diversity including, but not limited to, bald eagle,
peregrine falcon, Canada geese, mallard, gadwall, blue-winged
teal, black duck, American widgeon, and wood duck;
(2) to conserve fish populations in their natural diversity
including, but not limited to, shad, shiner, crappie, largemouth
bass, striped bass, and channel catfish;
(3) to ensure, to the maximum extent practicable and in a
manner consistent with paragraphs (1) and (2) and compatible with
navigation on the Ohio River and operation of the Mc Alpine locks
and dam, the necessary water quantity within the wildlife
conservation area;
(4) to protect the fossilized coral reef as a unique
paleontological feature; and
(5) to provide opportunities for scientific research and
interpretive and environmental uses and fish and wildlife oriented
recreational uses.
AREA
Sec. 204. (a) Selection.-(1) Within one year after the date of the
enactment of this title the Secretary shall, in consultation with the
Secretary of the Army acting through the Chief of Engineers--,
(A) designate approximately one thousand acres of land and
water within the selection area as land which the Secretary
considers appropriate for the wildlife conservation area; and
(B) publish in the Federal Register a detailed map depicting
the boundaries of the land designated under subparagraph (A),
which map shall be on file and available for public inspection at
offices of the United States Fish and Wildlife Service and the
Corps of Engineers.
(2) The Secretary may make such minor revisions in the boundaries
designated under paragraph 1(B) as may be appropriate to carry out the
purposes of, or to facilitate the acquisition of property (and interests
therein) within, the wildlife conservation area.
(b) Establishment.-The Secretary shall, in consultation with the
Secretary of the Army acting through the Chief of Engineers, establish
the Falls of the Ohio National Wildlife Conservation Area, by
publication of a notice to that effect in the Federal Register, within
one year after the date of the enactment of this title.
Sec. 205. The Secretary of the Army, acting through the Chief of
Engineers, shall administer all lands, waters, and interests therein
within the wildlife conservation area to assure that the wildlife
conservation area is managed to carry out the purposes for which it was
established, and to that end shall consult with, and utilize the
services of, the Secretary. In order to effectively manage the wildlife
conservation area, the Secretary of the Army shall acquire by donation,
purchase with donated or appropriated funds, or exchange lands, waters
or interests therein within the boundaries of such area. The Secretary
of the Army and the Secretary may utilize such additional statutory
authority as may be available to them to carry out this title.
Sec. 206. The Secretary of the Army shall promulgate regulations,
within one year after date of the enactment of this title, to carry out
this title. Such regulations shall include, but not be limited to, a
prohibition on all hunting, as well as prohibitions on vandalism
(including the removal of fossils) and the dumping of refuse, within the
boundaries of the wildlife conservation area.
Sec. 207. Beginning October 1, 1982, there are authorized to be
appropriated to the Secretary of the Army not to exceed $300,000 to
carry out this title; and such sums shall remain available until
expended.
Approved December 29, 1981.
LEGISLATIVE HISTORY-H.R. 2241:
HOUSE REPORT: No. 97 - 376 (Comm. on Merchant Marine and Fisheries).
CONGRESSIONAL RECORD, Vol. 127 (1981):
Dec. 15, considered and passed House.
Dec. 16, considered and passed Senate.
PUBLIC LAW 97-136, 95 STAT. 1705
for fiscal year 1982, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That funds are
authorized to be appropriated for necessary expenses of the Coast Guard
for fiscal year 1982 as follows:
(1) For the operation and maintenance of the Coast Guard,
including expenses related to the Capehart housing debt reduction,
$1,404,800,000.
(2) For the acquisition, construction, rebuilding, and
improvement of aids to navigation, shore facilities, vessels, and
aircraft, including equipment related thereto, $537,200,000.
(3) For the alteration or removal of bridges over navigable
waters of the United States, constituting obstructions to
navigation, $17,500,000.
(4) For research, development, test, and evaluation,
$29,730,000 of which sufficient funds shall be made available to
continue in operation a Coast Guard research and development
center through the end of the 1982 fiscal year: Provided, That
the Coast Guard submits its research, development, test, and
evaluation program plan, including the continuation or operation
of a research and development center, for fiscal year 1982 to the
Committee on Merchant Marine and Fisheries of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate for approval before implementation.
Sec. 2. For fiscal year 1982, the Coast Guard is authorized an
end-of-year strength for active duty personnel of 42,224. This
end-of-year strength shall not include members of the Ready Reserve
called to active duty under the authority of section 712 of title 14,
United States Code.
Sec. 3. For fiscal year 1982, the Coast Guard is authorized average
military training student loads as follows:
(1) For recruit and special training, 3,660 student-years.
(2) For flight training, 118 student-years.
(3) For professional training in military and civilian
institutions, 655 student-years.
(4) For officer acquisition, 1,038 student-years.
Sec. 4. Notwithstanding any other provision of law, the fiscal 1982
end-of-year civilian personnel strength of the Coast Guard shall be at
least 5,484.
Sec. 5. The Act of October 3, 1980 (Public Law 96 - 376; 94 Stat.
1509), is amended--,
(1) in paragraph (1) of the first section, by striking out
"$1,248,367,000" and substituting "$1,337,207,000"; and
(2) in section 2, by striking out "39,600" and substituting
"39,819".
Sec. 6. (a)(1) Subsection (a) of section 41a of title 14, United
States Code, is amended to read as follows:
"(a) The Secretary shall maintain a single active duty promotion list
of officers of the Coast Guard on active duty in the grades of ensign
and above. Reserve officers on active duty, other than pursuant to an
active duty agreement executed under section 679 of title 10, retired
officers, and officers of the permanent commissioned teaching staff of
the Coast Guard Academy shall not be included on the active duty
promotion list.".
(2) Subsection (b) of such section is amended by striking out the
period at the end of the second sentence and substituting ", except that
the rear admiral serving as Chief of Staff shall be the senior rear
admiral for all purposes other than pay.".
(3) Subsection (d) of such section is amended by striking out
"extended".
(b) Section 290(a) of such title // 14 USC 290. // is amended by
inserting "or in the position of Chief of Staff" in the second sentence
after "vice admiral".
(c)(1) Section 711 of such title is amended by striking out the first
sentence.
(2) The heading of such section is amended to read as follows:
" Section 711. Exclusiveness of service".
(3) The item relating to section 711 in the analysis of chapter 21 is
amended to read as follows:
"711. Exclusiveness of service.".
(d) Section 93(p) of such title is amended by inserting "including
telephones in residences leased or owned by the Government of the United
States when appropriate to assure efficient response to extraordinary
operational contingencies of a limited duration," after "of such lines
and cables,".
Sec. 7. Section 475(a) of title 14, United States Code, is amended
by inserting after the first sentence thereof the following new
sentences:
" The Secretary is also authorized to lease housing facilities for
assignment as public quarters, without rental charge, to military
personnel who are on sea duty or duty at remote offshore Coast Guard
stations and who do not have dependents. Such authority shall be
effective in any fiscal year only to such extent or in such amounts as
are provided in appropriation Acts."
Sec. 8. (a) The third sentence of section 707(a) of title 14, United
States Code, // 5 USC 5332 // is amended to read as follows: " For
benefit computation, regardless of pay or pay status, the member is
considered to have had monthly pay of the monthly equivalent of the
minimum rate of basic pay in effect for grade GS-9 of the General
Schedule on the date the injury is incurred.".
(b) The amendment made by subsection (a) shall apply only with
respect to payments for benefits under section 707(a) of title 14,
United States Code, for months beginning on or after the date of the
enactment of this Act. // 14 USC 707 //
Sec. 9. The Act of July 5, 1884 (46 U.S.C. 2 et seq.), is amended by
adding at the end thereof the following new section:
" Sec. 8. (a) The original and periodic inspections or examinations
of a vessel documented or to be documented as a vessel of the United
States, both in the United States and in foreign countries, may be
delegated to the maximum extent practicable by the Secretary of the
department in which the Coast Guard is operating to the American Bureau
of Shipping, or similar American classification society, or agent
thereof, who may issue certificates of inspection, attesting to
compliance with existing Coast Guard regulations, and such other
certificates as are essential to documentation.
"(b) The Secretary of the department in which the Coast Guard is
operating may also contract or enter into agreements with or utilize the
American Bureau of Shipping, or similar American classification society
for the review and approval of vessel hull, machinery, piping, and
electrical plans.
"(c) The Secretary of the department in which the Coast Guard is
operating shall report to the Congress on the implementation of
subsections (a) and (b) within 6 months of the date of the enactment of
this section, and annually thereafter for 3 years. Such report shall
include the views of the affected industry on the implementation of
those subsections.".
Sec. 10. Paragraphs (1) and (2) of section 104 of the Vessel
Documentation Act (Public Law 96 - 594; 94 Stat. 3453) // 46 USC 65b.
// are amended to read as follows:
"(1) an individual who is a citizen of the United States, or an
association, trust, joint venture, or other entity capable of
holding title to a vessel, under the law of the United States, of
any State, territory, or possession of the United States, of the
District of Columbia, or of the Commonwealth of Puerto Rico, all
of the members of which are citizens of the United States;
"(2) a partnership whose general partners are citizens of the
United States, and the controlling interest in the partnership is
owned by citizens of the United States;".
Sec. 11. Section 7 of the Act of May 21, 1920 (31 U.S.C. 686), is
amended by inserting " Coast Guard," in the first proviso of subsection
(a) after " Federal Aviation Agency,".
Sec. 12. Nothing in this Act shall be construed to authorize or
provide funds for removing facilities of Coast Guard Group Port Angeles
from Ediz Hook.
Sec. 13. (a) The Congress, in recognition of the heroic efforts that
resulted in the saving, under extremely adverse conditions, of the lives
of all 510 passengers aboard the motor vessel Prinsendam which caught
fire off the coast of Alaska on October 4, 1980, hereby honors and
expresses its thanks to the members of the Coast Guard, the individuals
of the United States and Canadian Air Forces, and the crew of the tanker
Williamsburg and all others who participated directly in this valiant
undertaking, as well as the crew of the Prinsendam.
(b) The Commandant of the Coast Guard shall determine the names and
addresses of those individuals honored under subsection (a), and provide
the names and addresses to the Clerk of the House of Representatives who
shall convey in appropriate language the appreciation of Congress to
each such individual for his or her actions in connection with the
Prinsendam rescue.
Sec. 14. The Coast Guard shall deploy at least one heleicopter for
search and rescue, as well as other missions of the Coast Guard, at each
of the following sites: Newport, Oregon; Cordova, Alaska; and
Charleston, South Carolina.
Sec. 15. The Rogue River station in Oregon operated by the Coast
Guard shall remain in operation until at least October 31 of each year.
Approved December 29, 1981.
LEGISLATIVE HISTORY-S. 831 (H.R. 2559):
HOUSE REPORT No. 97 - 62 accompanying H.R. 2559 (Comm. on Merchant
Marine and Fisheries).
SENATE REPORT No. 97 - 45 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD, Vol. 127 (1981):
May 4, considered and passed Senate.
Dec. 8, 14, H.R. 2559 considered and passed House; passage
vacated and S. 831, amended, passed in lieu.
Dec. 16, Senate concurred in House amendment with an amendment;
House concurred in Senate amendments.
PUBLIC LAW 97-135, 95 STAT. 1704
through 13, 1982, as " National Scler-
derma Week".
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the President shall issue
a proclamation designating February 7 through 13, 1982, as United States
to observe such week with appropriate ceremonies and activities.
Approved December 29, 1981.
LEGISLATIVE HISTORY- S.J. Res. 57:
CONGRESSIONAL RECORD, Vol. 127 (1981):
Nov. 18, considered and passed Senate.
Dec. 16, considered and passed House.
PUBLIC LAW 97-134, 95 STAT. 1699, FEDERAL-AID HIGHWAY ACT OF 1981
1978, to establish obligation
limitations for fiscal year 1982, and for related
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the first sentence
of section 105 of the Surface Transportation Assistance Act of 1978 //
92 Stat. 2692. // is amended by striking out "per fiscal year for each
of the fiscal years ending September 30, 1982 and September 30, 1983."
and inserting in lieu thereof "for the fiscal year ending September 30,
1982, not to exceed $800,000,000 for the fiscal year ending September
30, 1983, and not to exceed $800,000,000 for the fiscal year ending
September 30, 1984.".
Sec. 2. // 23 USC 104 // The Secretary of Transportation shall
apportion for the fiscal year ending September 30, 1983, the sums
authorized to be apportioned for such year by section 108(b) of the
Federal-Aid Highway Act of 1956, // 23 USC 101 // as amended, for
expenditures on the National System of Interstate and Defense Highways,
using the apportionment factors contained in revised table 5 of the
committee print numbered 97 - 28 of the Committee on Public Works and
Transportation of the House of Representatives.
Sec. 3. // 23 USC 104 // (a) Notwithstanding any other provision of
law, the total of all obligations for Federal-aid highways and highway
safety construction programs for fiscal year 1982 shall not exceed
$8,000,000,000. This limitation shall not apply to obligations for
emergency relief under section 125 of title 23, United States Code, or
projects covered under section 320 of title 23, United States Code,
section 147 of the Surface Transportation Assistance Act of 1978, // 23
USC 144 // or section 9 of the Federal-Aid Highway Act of 1981. 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 the fiscal year 1982, the Secretary 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.
(c) During the period October 1 through December 31, 1981, no State
shall obligate more than 35 per centum of the amount distributed to such
State under subsection (b), 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.
(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 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, 1982, revise a distribution of funds made
available under subsection (b) if a State will not obligate the
amount distributed during that fiscal year and redistribute
sufficient amounts to those States able to obligate amounts in
addition to those previously distributed during that fiscal year;
and
(3) not distribute amounts authorized for administrative
expenses and forest highways.
Sec. 4. (a) Subsection (b) of section 108 of the Federal-Aid Highway
Act of 1956, // 23 USC 101 // as amended, is amended by striking out
"the additional sum of $3,200,000,000 for the fiscal year ending
September 30, 1983," and inserting in lieu thereof the following: "the
additional sum of $3,100,000,000 for the fiscal year ending September
30, 1983,".
(b) Subsection (b) of section 108 of the Federal-Aid Highway Act of
1956, as amended, is further amended by adding at the end thereof the
following: " Effective on and after the date of enactment of this
sentence, the obligation of funds authorized by this subsection, except
for advance construction interstate projects approved before the date of
enactment of this sentence, shall be limited to the construction
necessary to provide a minimum level of acceptable service on the
Interstate System which shall consist of (1) full access control; (2) a
pavement design to accommodate the types and volumes of traffic
anticipated for the twenty-year period from date of authorization of the
initial basic construction contract; (3) essential environmental
requirements; (4) a design of not more than six lanes (exclusive of
high occupancy vehicle lanes) in rural areas and all urbanized areas
under four hundred thousand population, and up to eight lanes (exclusive
of high occupancy vehicle lanes) in urbanized areas of four hundred
thousand population or more as shown in the 1980 Federal census; and
(5) those high occupancy vehicle lanes (including approaches and all
directly related facilities) included in the interstate cost estimate
for fiscal year 1981. The obligation of funds authorized by this
subsection shall be further limited to the actual costs of only those
design concepts, locations, geometrics, and other construction features
included in the 1981 interstate cost estimate, except in any case where
the Secretary of Transportation determines that a provision of Federal
law requires a different design, location, geometric, or other
construction feature of a type authorized by this subsection. For
purposes of this subsection, construction necessary to provide a minimum
level of acceptable service on the Interstate System shall include, but
not be limited to, any construction on the Interstate System which is
required under a court order issued before the date of enactment of this
sentence.".
(c) Section 104(b)(5)(A) of title 23, United States Code, is amended
by adding at the end thereof the following new sentence: "
Notwithstanding any other provisions of this subparagraph, the Secretary
in making the revised estimate of the cost of completing the then
designated Interstate System for the purpose of transmitting it to the
Senate and House of Representatives within ten days subsequent to
January 2, 1983, or thereafter, shall include only those costs eligible
for funds authorized by subsection (b) of section 108 of the Federal--,
Aid Highway Act of 1956, // 23 USC 101 // as amended, including the
amendments made by section 4 of the Federal-Aid Highway Act of 1981.".
Sec. 5. Section 104(b)(5)(B) of title 23, United States Code, is
amended to read as follows:
"(B) For resurfacing, restoring, rehabilitating, and reconstructing
the Interstate System:
"55 per centum in the ratio that lane miles on the Interstate
routes designated under sections 103 and 139(c) of this title
// 23 USC 103. Post, p. 1702. //
(other than those 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. //
in each State bears to the total of all such lane miles in all
States; and 45 per centum in the ratio that vehicle miles
traveled on lanes on the Interstate routes designated under
sections 103 and 139(c) of this title (other than those on toll
roads not subject to a Secretarial agreement provided for in
section 105 of the Federal-Aid Highway Act of 1978) in each State
bears to the total of all such vehicle miles in all States.
Notwithstanding the preceding sentence, no State excluding any
State that has no interstate lane miles shall receive less than
one-half of 1 per centum of the total apportionment made by this
subparagraph for any fiscal year.".
Sec. 6. (a) Section 119(a) of title 23, United States Code, is
amended by striking out the words "and rehabilitating" and by inserting
in lieu thereof the words "rehabilitating, and reconstructing" and by
striking out the words "those lanes in use for more than five years on
the Interstate System" and inserting in lieu thereof the words "routes
of the Interstate System designated under sections 103 and 139(c) of
this title.".
(b) Section 119 of title 23, United States Code, is further amended
by adding the following new subsection:
"(b) Reconstructing as authorized in subsection (a) of this section
may include, but is not limited to, the addition of travel lanes and the
construction and reconstruction of interchanges and overcrossings along
existing completed interstate routes, including the acquisition of
right-of-way where necessary.".
Sec. 7. Subsection (a) of section 119 of title 23, United States
Code, is amended by adding at the end thereof the following: "
Effective on and after the date of enactment of this sentence, the
Federal share for projects financed by funds apportioned under section
104(b)(5)(B) of title 23, United States Code, for resurfacing,
restoring, rehabilitating, and reconstructing routes of the Interstate
System designated under sections 103 and 139(c) of this title shall be
that set forth in section 120(c) of this title.". // 23 USC 120. //
Sec. 8. In any case in which the city of Santa Rosa, California, has
incurred costs on behalf of the State of California for the acquisition,
between the date of enactment of Public Law 94 - 154 // 89 Stat. 823.
// and the date of enactment of the Federal-Aid Highway Act of 1976
(Public Law 94 - 280), // 23 USC 101 // of land which was utilized in a
Federal-aid urban system project at an intersection with a segment of
the Federal-aid primary system, the Secretary of Transportation is
authorized, notwithstanding any other provision of law, to reimburse the
State of California from funds apportioned to the State of California
under section 104(b)(6) of title 23, United States Code, 75 per centum
of such costs.
Sec. 9. (a) The Secretary of Transportation may approve any project
for the reconstruction, resurfacing, restoration, or rehabilitation of
any bridge on the Interstate System which is both owned by the United
States Government and located in two States and the District of
Columbia, whenever both such States and the District shall submit to the
Secretary for approval appropriate plans, specifications, and estimates
for any such project.
(b) The Secretary of Transportation shall prior to approval of such
project enter into an agreement with such States and the District for
future maintenance and rehabilitation of the bridge.
(c) There is hereby authorized to be appropriated $60,000,000, out of
the Highway Trust Fund, to be available until expended, to carry out the
provisions of this section. Such sums shall be available for obligation
in the same manner and to the same extent as if such funds were
apportioned for the Interstate System under chapter 1 of title 23,
United States Code. // 23 USC 101 // The Federal share of the project
cost shall be 100 per centum.
(d) In making any revised estimate of the cost completing the
Interstate System, which estimate is required by section 104(b)(5)(A) of
title 23, United States Code, to be transmitted to the Congress after
the date of enactment of this Act, the Secretary of Transportation shall
not include any costs for any bridge eligible for approval under
subsection (a). The Secretary shall reduce apportionments made under
section 104(b)(5) of title 23, United States Code, to such States or
District by an amount, if any, equal to amounts apportioned under such
section to any such State or District with respect to any such bridge
for any fiscal year ending before October 1, 1982. The reduction, if
any, made by the preceding sentence for each State or the District shall
be made out of apportionments under such section to such State or the
District, beginning with the apportionment for the fiscal year ending
September 30, 1983, and shall be made, in equal shares, over the number
of fiscal years in which apportionments described in the preceding
sentence were made.
Sec. 10. Section 139 of title 23, United States Code, is amended by
adding a new subsection (c) as follows:
"(c) The Secretary shall designate those portions of highway segments
on the Federal-aid primary system in States which have no Interstate
System that are logical components to a system serving the State's
principal cities, national defense needs and military installations, and
traffic generated by rail, water, and air transportation modes. The
designated segments shall have been constructed to the geometric and
construction standards adequate for current and probable future traffic
demands and the needs of the locality of the segment. The mileage of
any highway designated as part of the Interstate System under this
subsection shall not be charged against the limitation established by
the first sentence of section 103(e)(1) of this title. // 23 USC 103.
// The designation of a highway under this subsection shall create no
Federal financial responsibility with respect to such highway, except
that the State involved may use Federal-aid highway funds available to
it under sections 104(b)(1) and 104(b)(5)(B) of this title, // 23 USC
104. // for the resurfacing, rehabilitation, restoration, and
reconstruction of a highway designated as a route on the Interstate
System under this subsection.".
Sec. 11. Section 145 of the Federal-Aid Highway Act of 1978 // 92
Stat. 2713. // is amended to read as follows:
" Sec. 145. (a) Upon satisfaction by the State of Maine or the Maine
Turnpike Authority of the following conditions, the State of Maine and
the Maine Turnpike Authority shall be free of all restrictions with
respect to the imposition and collection of tolls or other charges on
the Maine Turnpike or for the use thereof contained in title 23, United
States Code, or in any regulation or agreement thereunder: repayment by
the State of Maine or the Maine Turnpike Authority to the Treasurer of
the United States of the sum of $8,577,900 which is the amount of
Federal-aid highway funds received for construction of interchanges or
connections with the Maine Turnpike at West Gardiner, Kennebec County,
Maine, at York, York County, Maine, and at Scarborough-South Portland,
Cumberland County, Maine. The amount to be repaid shall be deposited to
the credit of the appropriation for ' Federal-Aid Highway (Trust Fund)'.
Such repayment shall be credited to the unprogramed balance of the
Federal-aid highway funds of the classes determined by the Secretary to
and in cooperation with the State of Maine. The amount so credited
shall be in addition to all other funds then apportioned to such State
and shall be available for expenditure in accordance with the provisions
of title 23, United States Code.
"(b) The State of Maine and the Maine Turnpike Authority are deemed
to be in compliance with section 129(c) of title 23, United States Code:
Provided, That the conditions of subsection (a) are satisfied.".
Sec. 12. (a) Section 152 of the Federal-Aid Highway Act of 1978 //
92 Stat. 2716. // is amended by adding after "fiscal year 1981" the
following "and $55,000,000 for fiscal year 1983".
(b) Such section 152 is further amended by adding at the end thereof
the following new sentence: " Sums authorized to be appropriated under
this section shall not be subject to any State or local law relating to
apportionment of funds available for the construction or improvement of
highways.".
Sec. 13. This Act // 23 USC 101 // 1981".
Approved December 29, 1981.
LEGISLATIVE HISTORY-H.R. 3210 (S. 1024) (S. 1208):
HOUSE REPORT No. 97 - 92 (Comm. on Public Works and Transportation).
SENATE REPORTS: Nos. 97 - 202 accompanying S. 1024 and 97 - 114
accompanying S. 1208 (both from Comm. on Environment and Public Works).
CONGRESSIONAL RECORD, Vol. 127 (1981):
Sept. 24, considered and passed House.
Nov. 16, considered and passed Senate, amended in lieu of S.
1024.
Dec. 15, House concurred in Senate amendment with an amendment.
Dec. 16, Senate concurred in House amendment.
PUBLIC LAW 97-133, 95 STAT. 1698
Ninety-seventh Congress.
Resolved by the Senate and House of Representatives of the United
States of America in Congress Assembled, That the second regular session
of the Ninety-seventh Congress shall begin at 12 o'clock meridian on
Monday, January 25, 1982.
Approved December 29, 1981.
LEGISLATIVE HISTORY-H.J. Res. 377:
CONGRESSIONAL RECORD, Vol. 127 (1981):
Dec. 15, considered and passed House.
Dec. 16, considered and passed Senate.
PUBLIC LAW 97-132, 95 STAT. 1693, MULTINATIONAL FORCE AND OBSERVERS
PARTICIPATION RESOLUTION
a multinational force and
observers to implement the Treaty of Peace between
Egypt and Israel.
Whereas the Treaty of Peace between Egypt and Israel signed on March
26, 1979, calls for the supervision of security arrangements to be
undertaken by United Nations Forces and Observers; and
Whereas the United Nations has been unable to assume those
responsibilities at this time; and
Whereas a Protocol signed on August 3, 1981, by the Government of the
Arab Republic of Egypt and the Government of the State of Israel
provides for the creation of an alternative Multinational Force and
Observers to implement the Treaty of Peace; and
Whereas the Government of the Arab Republic of Egypt and the
Government of the State of Israel have requested that the United States
participate in the Multinational Force and Observers: Now, therefore,
be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled,
Section 1. This joint resolution // 22 USC 3401 // may be cited as
the " Multinational Force and Observers Participation Resolution".
Sec. 2. // 22 USC 3421. // The Congress considers the establishment
of the Multinational Force and Observers to be an essential stage in the
development of a comprehensive settlement in the Middle East. The
Congress enacts this resolution with the hope and expectation that
establishment of the Multinational Force and Observers will assist Egypt
and Israel in fulfilling the Camp David accords and bringing about the
establishment of a self-governing authority in order to provide full
autonomy in the West Bank and Gaza.
MULTINATIONAL
FORCE AND OBSERVERS
Sec. 3. // 22 USC 3422. // (a)(1) Subject to the limitations
contained in this resolution, the President is authorized to assign,
under such terms and conditions as he may determine, members of the
United States Armed Forces to participate in the Multinational Force and
Observers.
(2) The Congress declares that the participation of the military
personnel of other countries in the Multinational Force and Observers is
essential to maintain the international character of the peacekeeping
function in the Sinai. Accordingly--,
(A) before the President assigns or details members of the
United States Armed Forces to the Multinational Force and
Observers, he shall notify the Congress of the names of the other
countries that have agreed to provide military personnel for the
Multinational Force and Observers, the number of military
personnel to be provided by each country, and the functions to be
performed by such personnel; and
(B) if a country withdraws from the Multinational Force and
Observers with the result that the military personnel of less than
four foreign countries remain, every possible effort must be made
by the United States to find promptly a country to replace that
country.
(3) Members of the United States Armed Forces, and United States
civilian personnel, who are assigned, detailed, or otherwise provided to
the Multinational Force and Observers may perform only those functions
or responsibilities which are specified for United Nations Forces and
Observers in the Treaty of Peace and in accordance with the Protocol.
(4) The number of members of the United States Armed Forces who are
assigned or detailed by the United States Government to the
Multinational Force and Observers may not exceed one thousand two
hundred at any one time.
(b) Subject to the limitations contained in this resolution, the
President is authorized to provide, under such terms and conditions as
he may determine, United States civilian personnel to participate as
observers in the Multinational Force and Observers.
(c) The status of United States Government personnel assigned to the
Multinational Force and Observers under subsection (a)(1) or (b) of this
section shall be as provided in section 629 of the Foreign Assistance
Act of 1961. // 22 USC 2389. //
Sec. 4. // 22 USC 3423. // (a) In accordance with the agreement set
forth in the exchanges of letters between the United States and Egypt
and between the United States and Israel which were signed on August 3,
1981, the United States share of the costs of the Multinational Force
and Observers--,
(1) shall not exceed 60 per centum of the budget for the
expenses connected with the establishment and initial operation of
the Multinational Force and Observers during the period ending
September 30, 1982; and
(2) shall not exceed 33 1/3 per centum of the budget for the
annual operating expenses of the Multinational Force and Observers
for each financial year beginning after that date.
(b)(1) There are authorized to be appropriated to the President to
carry out chapter 6 of part II of the Foreign Assistance Act of 1961, //
22 USC 2348. // in addition to amounts otherwise available to carry out
that chapter, $125,000,000 for the fiscal year 1982 for use in paying
the United States contribution to the budget of the Multinational Force
and Observers. Amounts appropriated under this subsection are
authorized to remain available until expended.
(2) Expenditures made pursuant to section 138 of the joint resolution
entitled " Joint resolution making continuing appropriations for the
fiscal year 1982, and for other purposes", approved October 1, 1981
(Public Law 97 - 51), or pursuant to any subsequent corresponding
provision applicable to the fiscal year 1982, shall be charged to the
appropriation authorized by this subsection.
(c) Unless required by law, reimbursements to the United States by
the Multinational Force and Observers shall be on the basis of
identifiable costs actually incurred as a result of requirements imposed
by the Multinational Force and Observers, and shall not include
administrative surcharges.
Sec. 5. // 22 USC 3424. // (a) Any agency of the United States
Government is authorized to provide administrative and technical support
and services to the Multinational Force and Observers, without
reimbursement and upon such terms and conditions as the President may
direct, when the provision of such support or services would not result
in significant incremental costs to the United States.
(b) The provision by the United States to the Multinational Force and
Observers under the authority of this resolution or any other law of any
property, support, or services, including the provision of military and
civilian personnel under section 3 of this resolution, on other than a
reimbursable basis shall be kept to a minimum.
(c) The President may provide military training to members of the
armed forces of other countries participating in the Multinational Force
and Observers.
Sec. 6. // 22 USC 3425. // (a) Not later than April 30, 1982, the
President shall transmit to the Speaker of the House of Representatives,
and to the chairman of the Committee on Foreign Relations of the Senate,
a detailed written report with respect to the period ending two weeks
prior to that date which contains the information specified in
subsection (b).
(b) Not later than January 15 of each year (beginning in 1983), the
President shall transmit to the Speaker of the House of Representatives,
and to the chairman of the Committee on Foreign Relations of the Senate,
a written report which describes--,
(1) the activities performed by the Multinational Force and
Observers during the preceding year;
(2) the composition of the Multinational Force and Observers,
including a description of the responsibilities and deployment of
the military personnel of each participating country;
(3) All costs incurred by the United States Government
(including both normal and incremental costs), set forth by
category, which are associated with the United States relationship
with the Multinational Force and Observers and which were incurred
during the preceding fiscal year (whether or not the United States
was reimbursed for those costs), specifically including but not
limited to--,
Force and
Observers (including salaries, allowances, retirement
and
other benefits, transportation, housing, and operating
and
maintenance costs), and
support, and
services provided by the United States to the
Multinational
Force and Observers;
(4) the costs which the United States Government would have
incurred in maintaining in the United States those United States
units and personnel participating in the Multinational Force and
Observers;
(5) amounts received by the United States Government from the
Multinational Force and Observers as reimbursement;
(6) the types of property, support, or services provided to the
Multinational Force and Observers by the United States Government,
including identification of the types of property, support, or
services provided on a nonreimbursable basis; and
(7) the results of any discussions with Egypt and Israel
regarding the future of the Multinational Force and Observers and
its possible reduction or elimination.
(c)(1) The reports required by this section shall be as detailed as
possible.
(2) The information pursuant to subsection (b)(3) shall, in the case
of costs which are not identifiable, be set forth with reasonable
accuracy.
(3) The information with respect to any administrative and technical
support and services provided on a nonreimbursed basis under section 5(
a) of this resolution shall include a description of the types of
support and services which have been provided and an estimate of both
the total costs of such support and services and the incremental costs
incurred by the United States with respect to such support and services.
Sec. 7. // 22 USC 3426. // (a) Nothing in this resolution is
intended to signify approval by the Congress of any agreement,
understanding, or commitment made by the executive branch other than the
agreement to participate in the Multinational Force and Observers as set
forth in the exchanges of letters between the United States and Egypt
and between the United States and Israel which were signed on August 3,
1981.
(b) The limitations contained in this resolution with respect to
United States participation in the Multinational Force and Observers
apply to the exercise of the authorities provided by this resolution or
provided by any other provision of law. No funds appropriated by the
Congress may be obligated or expended for any activity which is contrary
to the limitations contained in this resolution.
(c) Nothing in this resolution shall affect the responsibilities of
the President or the Congress under the War Powers Resolution (Public
Law 93 - 148). // 50 USC 1541 //
Sec. 8. // 22 USC 3427. // As used in this resolution--,
(1) the term " Multinational Force and Observers" means the
Multinational Force and Observers established in accordance with
the Protocol between Egypt and Israel signed on August 3, 1981,
relating to the implementation of the security arrangements of the
Treaty of Peace; and
(2) the term " Treaty of Peace" means the Treaty of Peace
between the Arab Republic of Egypt and the State of Israel signed
on March 26, 1979, including the Annexes thereto.
Approved December 29, 1981.
LEGISLATIVE HISTORY- S.J. Res. 100 (H.J. Res. 349):
HOUSE REPORT No. 97 - 310 accompanying H.J. Res. 349 (Comm. on
Foreign Affairs).
SENATE REPORT No. 97 - 197 (Comm. on Foreign Relations).
CONGRESSIONAL RECORD, Vol. 127 (1981):
Oct. 7, considered and passed Senate.
Nov. 19, H.J. Res. 349 considered and passed House;
proceedings vacated and S.J. Res. 100, amended, passed in lieu.
Dec. 16, Senate concurred in House amendments with an
amendment; House concurred in Senate amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 17, No. 53 (1981):
Dec. 29, Presidential statement.
PUBLIC LAW 97-131, 95 STAT. 1692
with the third Monday in
February 1982 as " National Patriotism Week".
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the first section of the
joint resolution of October 10, 1980, Public Law 96 - 421, 94 Stat.
1798, is amended by striking "1981" and inserting "1982".
Sec. 2. The title of such joint resolution is amended to read as
follows: " Joint resolution to designate the week commencing with the
third Monday in February 1982 as ' National Patriotism Week'.".
Approved December 29, 1981.
LEGISLATIVE HISTORY-S.J. Res. 34:
CONGRESSIONAL RECORD, Vol. 127 (1981):
Nov. 16, considered and passed Senate.
Dec. 16, considered and passed House.
PUBLIC LAW 97-130, 95 STAT. 1687, RECORD CARRIER COMPETITION ACT of
1981
certain provisions relating
to consolidations or merges of telegraph and record
carriers and to create a fully
competitive marketplace in record carriage, 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 // 47 USC 609 // may be referred to as the "
Record Carrier Competition Act of 1981".
Sec. 2. Section 222 of the Communications Act of 1934 // 47 USC 222.
// is amended to read as follows:
" Sec. 222. (a) For purposes of this section:
"(1) The term 'primary existing international record carrier'
means any record carrier which (A) derives a majority of its
revenues during any calendar year from the provision of
international record communications services between points of
entry into or exit from the United States and points outside the
United States; (B) is eligible, on the date of the enactment of
the Record Carrier Competition Act of 1981, to obtain record
traffic from a record carrier in the United States for delivery
outside the United States; and (C) is engaged in the direct
provision of record communications services between the United
States and four or more continents.
"(2) The term 'record carrier' means a common carrier engaged
in the offering for hire of any record communications service,
including service on interstate network facilities between two
points located in the same State. Such term does not include any
common carrier which derives a majority of its revenues during any
calendar year from the provision of services other than record
communications service.
"(3) The term 'record communications service' means those
services traditionally offered by telegraph companies, such as
telegraph, telegram, telegram exchange, and similar services
involving an interconnected network of teletypewriters.
"(b)(1) The Commission shall, to the maximum extent feasible, promote
the development of fully competitive domestic and international markets
in the provision of record communications service, so that the public
may obtain record communications service and facilities (including
terminal equipment) the variety and price of which are governed by
competition. In order to meet the purposes of this section, the
Commission shall forbear from exercising its authority under this Act as
the development of competition among record carriers reduces the degree
of regulation necessary to protect the public.
"(2) In furtherance of the purposes of this section, record carriers
shall not impose upon users of any regulated record communications
services the costs of any other services or facilities (including
terminal equipment), whether regulated or unregulated.
"(c)(1)(A)(i) In implementing its responsibilities under section
201(a), // 47 USC 201. // the Commission shall require each record
carrier to make available to any other record carrier, upon reasonable
request, full interconnection with any facility operated by such record
carrier, and used primarily to provide record communications service.
Such facility shall be made available, through written agreement, upon
terms and conditions which are just, fair, and reasonable, and which are
otherwise consistent with the purposes of this section.
"(ii)(I) Subject to the provisions of subclause (II), if a request
for interconnection under clause (i) is for the purpose of providing
international record communications service, then the agreement entered
into under clause (i) shall require that the allocation of record
communications service between points outside the United States and
points of entry in the United States shall be based upon a pro rata
share of record communications service between points of exit out of the
United States and points outside the United States provided by the
carrier making such request for interconnection.
"(II) The requirement established in subclause (I) shall not apply in
any case in which the customer requesting any record communications
service between a point outside the United States and a point of entry
in the United States has the option to specify the international record
carrier which will provide such record communications service.
"(B) The Commission shall require that--,
"(i) if any record carrier engages both in the offering for
hire of domestic record communications services and in the
offering for hire of international record communications services,
then such record carrier shall be treated as a separate domestic
record carrier and a separate international record carrier for
purposes of administering interconnection requirements;
"(ii) in any case in which such separate domestic record
carrier furnishes interconnection to such separate international
record carrier, any interconnection which such separate domestic
record carrier furnishes to other international record carriers
shall be (I) equal in type and quality; and (II) made available
at the same rates and upon the same terms and conditions; and
"(iii) in any case in which such separate international record
carrier furnishes interconnection to such separate domestic record
carrier, any interconnection which such separate international
record carrier furnishes to other domestic record carriers shall
be (I) equal in type and quality; and (II) made available at the
same rates and upon the same terms and conditions.
The requirements of clauses (i), (ii), and (iii) shall not apply to a
record carrier if such record carrier does not have a significant share
of the market for record communications services.
"(2) If any request made by a record carrier under paragraph (1)(A)(
i) will require an agreement under which any record communications
service or facility operated by one of the parties to such agreement
will be used by any other party to such agreement, then such agreement
shall establish a nondiscriminatory formula for the equitable allocation
of revenues derived from such use between the parties to such agreement,
except that each party to such agreement shall have the right to
establish the total price charged by such party to the public for any
such service which is originated by such party, consistent with the
provisions of section 203. // 47 USC 203. // To the extent possible,
and consistent with the provisions of paragraph (3)(B)(ii), the
Commission shall require that such equitable allocation of revenues be
based upon the costs of the record communications service or facility
employed as a result of such agreement.
"(3)(A) The Commission, as soon as practicable (but not later than
fifteen days) after the date of the enactment of the Record Carrier
Competition Act of 1981, shall convene a meeting among all record
carriers which the Commission determines would be parties to any
agreement required by paragraph (1)(A)(i). Such meeting shall be held
for the purpose of negotiating any such agreement. Representatives of
the Commission shall attend such meeting for purposes of monitoring and
presiding over such negotitions.
"(B)(i) In the case of any such required agreement, if--,
"(I) the record carrier subject to the interconnection
requirement; and
"(II) a majority of the primary existing international record
carriers involved in the meeting convened by the Commission under
subparagraph (A);
fail to enter into an agreement before the end of the forty-five-day
period following the beginning of such meeting, then the Commission
shall issue an interim of final order which establishes a just, fair,
reasonable, and nondiscriminatory agreement which is consistent with the
purposes of this section. Any such agreement established by the
Commission shall be binding upon such parties.
"(ii) Such interim or final order shall be issued not later than
ninety days after the date on which the Commission convenes the meeting
under subparagraph (A). In the case of any such required agreement,
if--,
"(I) the record carrier subject to the interconnection
requirement; and
"(II) a majority of the primary existing international record
carriers involved in the meeting convened by the Commission under
subparagraph (A);
reach an agreement which complies with the requirements of this section,
and such agreement is entered into before the issuance of such order by
the Commission under this subparagraph, then such agreement of the
parties shall take effect and the Commission shall not be required to
issue any such order.
"(C) Any record carrier which is not subject to the agreement entered
into, or established by the Commission, under this paragraph may elect
to be subject to the terms of such agreement upon furnishing written
notice to the Commission and to all existing parties to such agreement.
After a carrier makes such an election, the terms and arrangements
established by the agreement shall apply to such carrier to the extent
practicable, as determined by the Commission.
"(4) The Commission shall have authority to vacate or modify any
agreement entered into by any record carriers under this section if the
Commission determines that (A) such agreement is not consistent with the
purposes of this section; or (B) such agreement unjustly or
unreasonably discriminates against any record carrier.
"(5) If the Western Union Telegraph Company submits an application to
the Commission for authority to provide international record
communications service, the Commission shall not have any authority to
take any final action with respect to such application until the end of
the one hundred and twenty-day period following the date a written
agreement is entered into between such Company and other record carriers
under paragraph (3), or following the effective date of any interim or
final order issued by the Commission under paragraph (3)(B) with respect
to such carriers. The limitation upon Commission authority established
in this paragraph shall expire at the end of the two hundred and ten-day
period following the date of the enactment of the Record Carrier
Competition Act of 1981.
"(d) Subject to the provisions of subsection (c)(5), each record
carrier may provide record communications service in the United States
domestic market and in the international market. Any record carrier
seeking to provide domestic record communications service may provide
such service without submitting an application to the Commission under
section 214 // 47 USC 214. // unless the Commission requires such a
submission. The Commission shall act expeditiously upon any application
submitted pursuant to section 214.
"(e)(1) At the end of the 36-month period following the date of the
enactment of the Record Carrier Competition Act of 1981, the provisions
of subsection (c), other than paragraph (1)(B) of such subsection, shall
cease to have any force or effect.
"(2) The provisions of paragraph (1) shall not be construed to affect
the obligation of any carrier to interconnect with any other carrier
pursuant to this Act.".
Sec. 3. (a) Subject to the provisions of subsection (b), // 47 USC
222 // the Federal Communications Commission shall exercise its
authority under the Communications Act of 1934 // 47 USC 609. // to
continue its oversight of the establishment of just and reasonable
distribution formulas for unrouted outbound telegraph traffic and the
allocation of revenues with respect to such traffic, consistent with the
purposes of section 222 of the Communications Act of 1934, as amended in
section 2.
(b) The provisions of subsection (a) shall cease to have any force or
effect at the end of the 1-year period beginning on the date of the
enactment of this Act.
Sec. 4. The amendment made in section 2 // 47 USC 222 // shall not
affect the validity of the terms of any otherwise lawful contract
relating to the distribution of outbound international record traffic
between any domestic record carrier and any international record carrier
if such contract was entered into before June 23, 1981.
Sec. 5. (a) Section 122(a) of the Rock Island Transition and
Employee Assistance Act // 94 Stat. 409 45 USC 1017. // is amended by
adding at the end thereof the following new sentence: " The Commission
shall have authority to authorize continued rail service under this
section over the lines of the Rock Island Railroad until the disposition
of the properties of the estate of the Rock Island Railroad.".
(b) The applicability of the amendment made by subsection (a) // 45
USC 1017 // to Interstate Commerce Commission Service Order 1498 shall
expire at the end of May 15, 1982.
Approved December 29, 1981.
LEGISLATIVE HISTORY- S. 271 (H.R. 4927):
HOUSE REPORT No. 97 - 356 accompanying H.R. 4927 (Comm. on Energy and
Commerce).
SENATE REPORT No. 97 - 25 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD, Vol. 127 (1981):
June 2, 22, considered and passed Senate.
Dec. 8, H.R. 4927 considered and passed House; proceedings
vacated and S. 271, amended, passed in lieu.
Dec. 16, Senate concurred in House amendments with an
amendment; House concurred in Senate amendment.
PUBLIC LAW 97-129, 95 STAT. 1686
authorize appropriations for fiscal
years 1982 and 1983.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) the first
sentence of section 28(d) of the Toxic Substances Control Act // 15 USC
2627. // is amended to read as follows: " For the purpose of making
grants under subsection (a), there are authorized to be appropriated
$1,500,000 for each of the fiscal years 1982 and 1983.".
(b) Section 29 of the Toxic Substances Control Act // 15 USC 2628.
// is amended by striking out "$10,100,000" and all that follows through
"1979" and inserting in lieu thereof the following: "$58,646,000 for
the fiscal year 1982 and $62,000,000 for the fiscal year 1983".
Approved December 29, 1981.
LEGISLATIVE HISTORY-S. 1211 (H.R. 3495):
HOUSE REPORTS: No. 97 - 86 accompanying H.R. 3495 (Comm. on Energy
and Commerce) and No. 97 - 373 (Comm. of Conference).
SENATE REPORT No. 97 - 117 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD, Vol. 127 (1981):
June 2, considered and passed Senate.
Sept. 29, H.R. 3495 considered and passed House; proceedings
vacated and S. 1211 passed in lieu, amended.
Dec. 16, House and Senate agreed to conference report.
PUBLIC LAW 97-128, 95 STAT. 1681
of the Army Corps of
Engineers.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) section 204 of
the Flood Control Act of 1965 (Public Law 89 - 298) // 79 Stat. 1074.
// is amended as follows: " Dickey-Lincoln School Lakes project, Saint
John River, Maine, is hereby modified to deauthorize that component of
the project known and referred to as the Dickey Dam and its associated
transmission facilities.".
(b) No Federal agency or department shall consider any license
application relating to hydropower projects above the site of the
Lincoln School Dam on the Saint John River and its tributaries, Maine,
for a period of two years after the enactment of this Act.
Sec. 2. (a) The authorization for the Meramec Park Lake (hereinafter
in this section referred to as the "project") contained in that portion
of the general comprehensive plan for flood control and other purposes
in the Upper Mississippi River Basin, which plan was authorized by
section 4 of the Act entitled " An Act authorizing the construction of
certain public works on rivers and harbors for flood control, and for
other purposes", approved June 28, 1938 (52 Stat. 1218), as modified by
section 203 of the Flood Control Act of 1966 (Public Law 89 - 789), //
80 Stat. 1419. // is hereby terminated.
(b) The Secretary of the Army, acting through the Chief of Engineers
(hereinafter in this section referred to as the " Secretary"), shall
immediately undertake interim management and maintenance of works,
structures, and interests in lands related to the project pending the
implementation of the subsequent provisions of this section.
(c) The Secretary shall dispose of works, structures, and interests
in lands related to the project as follows:
(1) To the State of Missouri, all right, title, and interest in
and to not less than three thousand three hundred and eighty-two
acres nor more than five thousand one hundred and twenty-two
acres, as determined by the Governor of the State of Missouri.
(2) A perpetual easement sufficient to safeguard for the river
user the natural, cultural, and visual resources of the Meramec
River and Huzzah and Courtois Creeks shall be conveyed to the
State of Missouri. The Secretary is hereby directed to establish
such easements in conjunction with the State of Missouri. Said
easements shall be not less than one hundred feet nor more than
one-quarter mile as measured from the normal highwater mark of
said river and creeks, taking into consideration the varying
terrain of such lands and the best public interest. Said easement
shall be available for the development of the Ozark Trail, which
will be constructed and maintained by the State of Missouri.
The Secretary shall submit to the State of Missouri before January 6,
1982, an offer to convey the lands authorized by this section. If the
State, by statute, disapproves such conveyance on or before April 30,
1982, the Secretary shall immediately offer all the works, structures,
and interests in lands for sale to the previous owners in accordance
with paragraph (2) of subsection (d) of this section. If the State
fails to disapprove such conveyance on or after April 30, 1982, solely
because of a veto by the Governor, the offer to convey by the Secretary
shall remain valid until such time as the veto is sustained or
overridden in accordance with State law.
(d)(1) Within ninety days of the date a conveyance is made to the
State of Missouri in accordance with subsection (c) of this section, the
Secretary shall offer the remainder of the works, structures, and
interests in lands related to the project for sale to the previous
owners at the current appraised value. Such previous owners shall have
a period of one year in which to enter into a contract for the
repurchase of such properties, after which any remaining works,
structures, and interests in lands shall be sold at a public auction, or
a series of public auctions, to be conducted following reasonable public
notice and advertising of the time and place of such auction or
auctions, until such time as all remaining works, structures, and
interests in lands have been disposed of.
(2) If the State of Missouri disapproves such conveyance in
accordance with subsection (c) of this section, the Secretary shall
offer all the works, structures, and interests in lands related to the
project for sale to the previous owners at the current appraised value.
Such previous owners shall have a period of one year in which to enter
into a contract for the repurchase of such properties, after which any
remaining works, structures, and interests in lands shall be sold at a
public auction, or a series of public auctions, to be conducted
following reasonable public notice and advertising of the time and place
of such auction or auctions, until such time as all remaining works,
structures, and interests in lands have been disposed of.
(3) For purposes of this subsection, in any case in which the
previous owner of any interest in land is dead, the surviving spouse or,
if there is no surviving spouse, the heirs at law of such previous owner
shall be deemed to be the previous owner of such interest.
(e) The Secretary is authorized either to comply with or to enter
into a mutual agreement to cancel any executory contract the United
States has entered for the purchase of lands for the project at the
request of any landowner who is a party to such a contract, within six
months after the date of enactment of this Act.
(f) Nothing in this section shall terminate the authority or
responsibility of the United States to satisfy, pursuant to the
provisions of the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (49 U.S.C. 4601 et seq.) // 42 USC 4601
// and any other applicable provision of law, all relocation assistance,
and other obligations arising out of the acquisition, prior to the date
of enactment of this Act, of any interest in real estate for the
project.
(g) Funds authorized prior to enactment of this Act for the project
specified in this section may be utilized by the Secretary, as
necessary, to carry out the provisions of this section to deauthorize
the project.
(h) The Secretary of the Army, acting through the Chief of Engineers,
is authorized and directed to undertake such structural and
nonstructural measures as he determines to be economically and
engineeringly feasible to prevent flood damage to communities along the
route of the Meramec River in Saint Louis and Jefferson Counties,
Missouri. Such structural measures shall not include the construction
of any dams or reservoirs. There is authorized to be appropriated for
those fiscal years which begin on or after October 1, 1982, not to
exceed $20,000,000 to carry out the provisions of this subsection.
(i) The Secretary of the Army, acting through the Chief of Engineers,
and in consultation with the Governor shall conduct a cooperative water
supply study with the State of Missouri for the Meramec River Basin,
Missouri, with particular emphasis on Saint Louis and Jefferson
Counties, Missouri. In preparing such study, the Secretary of the Army,
acting through the Chief of Engineers, and the State of Missouri shall
coordinate with appropriate units of local government and shall consult
with other individuals and organizations having a direct interest in
water supply problems in such river basin. The report required by this
section shall be submitted to Congress not later than January 1, 1983.
The views of the Governor shall accompany the report of the Secretary of
the Army.
Sec. 3. The authorizations for the projects described in this
section, at the locations described, are terminated upon the date of
enactment of this Act:
(a) Illinois: Helm Reservoir.-The project for Helm Reservoir,
Skillet Fork of the Wabash River, Illinois, authorized by section 203 of
the Flood Control Act of 1968 (Public Law 90 - 483), // 82 Stat. 739.
// as part of the Wabash River Basin comprehensive plan.
(b) Illinois: Lincoln Dam.-The project for Lincoln Dam and
Reservoir, Wabash River, Illinois and Indiana, authorized by section 204
of the Flood Control Act of 1965 (Public Law 89 - 298). // 79 Stat.
1074. //
(c) Indiana: Big Blue Dam.-The project for Big Blue Dam, Big Blue
River, Indiana, authorized by section 203 of the Flood Control Act of
1968 (Public Law 90 - 483).
(d) Illinois: Illinois River Duplicate Locks.-The project for the
Illinois Waterway, Illinois and Indiana, authorized by section 101 of
the River and Harbor Act of 1962 (Public Law 87 - 874). // 76 Stat.
1173. //
(e) Virginia: Nansemond River.-The portion of the project for the
Nansemond River, Virginia, from the United States Highway 640 Bridge at
Suffolk, Virginia, to the upstream project limits at river mile 18.66, a
distance of approximately two thousand five hundred feet, authorized by
the first section of the Act entitled " An Act making appropriations for
the construction, repair, and preservation of certain public works on
rivers and harbors, and other purposes", approved August 11, 1888 (25
Stat. 410), and modified by the first section of the Act entitled " An
Act authorizing the construction, repair, and preservation of certain
public works on rivers and harbors, and for other purposes", approved
July 3, 1930 (46 Stat. 922).
(f) Indiana: Clifty Creek Dam.-The project for the Clifty Creek Dam,
Clifty Creek, Indiana, authorized by section 204 of the Flood Control
Act of 1965 (Public Law 89 - 298).
(g) Delaware-Maryland-Virginia: Intracoastal Waterway.--, The
project for the Delaware Bay, Delaware, to Cape Charles, Chesapeake Bay,
Virginia, Intracoastal Waterway, authorized under the terms of section
201 of the Flood Control Act of 1965 (Public Law 89 - 298). // 42 USC
1962d-5. //
(h) Maryland: Sixes Bridge.-The project for Sixes Bridge Dam and
Lake, Maryland, authorized by section 85 of the Water Resources
Development Act of 1974 (Public Law 93 - 251). // 42 USC 1962d-7 //
Sec. 4. (a) The consent of Congress is hereby given to the City of
Boston to construct, maintain, and operate a fixed-span bridge in and
over the water of the Fort Point Channel, Boston, Massachusetts, lying
between the northeasterly side of the existing Summer Street Bridge and
the northeasterly side of the existing Northern Avenue Bridge.
(b) Work shall not be commenced on such bridge until the location and
plans therefor are submitted to and approved by the Secretary of
Transportation.
(c) Any project heretofore authorized by an Act of Congress, insofar
as such project relates to the above described portions of Fort Point
Channel, is hereby abandoned.
(d) In approving the location and plans of any bridge, the Secretary
of Transportation may impose any specific conditions relating to the
maintenance and operation of the structure which may be deemed necessary
in the interest of public navigation.
Sec. 5. The project for the Sandridge Dam and Reservoir, Ellicott
Creek, New York, for flood protection and other purposes as authorized
in section 201 of the Flood Control Act of 1970 // 84 Stat. 1824. // is
hereby modified to authorize the Secretary of the Army, acting through
the Chief of Engineers, to construct a combination of channel
enlargement work and diversion channels along Ellicott Creek mostly in
the town of Amherst in accordance with the report of the Chief of
Engineers dated April 2, 1979, except that cost sharing for such project
shall be as provided in the report of the Board of Engineers for Rivers
and Harbors dated July 20, 1978, at an estimated cost of $13,200,000.
Sec. 6. (a) The lock authorized by section 11j of the Water
Resources Development Act of 1976 (Public Law 94 - 587), // 90 Stat.
2923. // as a replacement for Vermilion Lock, Louisiana, shall
hereafter be known as Leland Bowman Lock. Any law, regulation, map,
document, or record of the United States which refers to such lock shall
hereafter be held and considered to refer to such lock as " Leland
Bowman Lock".
(b) The dam and reservoir on the Salt River, Missour, known as the
Clarence Cannon Dam and Reservoir, authorized by section 203 of the
Flood Control Act of 1962 (Public Law 87 - 874) // 76 Stat. 1180. // as
the Joanna Reservoir, shall hereafter be known as the Clarence Cannon
Dam and Mark Twain Lake. Any law, regulation, map, document, or record
of the United States in which such dam and reservoir are referred to
shall be held and considered to refer to such dam as the Clarence Cannon
Dam and to such reservoir as the Mark Twain Lake, respectively.
Sec. 7. (a) The consent of Congress is hereby given to the city of
Tampa, Florida, or its designee to construct and maintain two fixed-span
bridges in and over the waters of the Garrison Channel, Tampa, Florida;
one bridge to be at or adjacent to the site of the existing bascule
railroad bridge and the other bridge to be at the site of the southerly
extension of Franklin Street. Work shall not be commenced on such
bridges until the location and plans therefor are submitted to and
approved by the Secretary of Transportation.
(b) In the case of any project authorized before the date of
enactment of this Act which relates to that portion of Garrison Channel
from the point of intersection of the easterly right-of-way line of the
existing railroad bridge with the existing pierhead and bulkhead line on
the north side of Garrison Channel, westward to, but not to include the
turning basin at the junction of Garrison and Seddon Channels, the
authorization relating to such portion of Garrison Channel shall be
terminated upon approval by the Secretary of Transportation of the
location and plans for the first of the bridges referred to in
subsection (a) of this section.
(c) Any project authorized before the date of enactment of this Act
as it relates to the construction and maintenance of Seddon Channel, is
hereby modified to provide for a channel two hundred feet wide by twelve
feet deep from the junction of Sparkman and Seddon Channels
northwesterly to its intersection with the Federal navigation project
for the Hillsborough River.
(d) In approving the location and plans of any bridge under this
section, the Secretary of Transportation may impose any specific
conditions relating to the maintenance and operation of the structure
which the Secretary deems necessary in the interest of public
navigation.
Sec. 8. // 16 USC 460d // No houseboat, floating cabin, marina
(including any with sleeping facilities), dock, cabin, or other
structure of a permanent nature shall be required to be removed before
December 31, 1989, from any Federal water resources reservoir or lake
project administered by the Secretary of the Army, acting through the
Chief of Engineers, on which it was located on the date of enactment of
this Act, if such property is maintained in usable condition.
Approved Dember 29, 1981.
LEGISLATIVE HISTORY-S. 1493:
SENATE REPORT No. 97 - 270 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD, Vol. 127 (1981):
Nov. 18, considered and passed Senate.
Nov. 23, considered and passed House, amended.
Dec. 16, Senate concurred in House amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 17, No. 53 (1981):
Dec. 29, Presidential statement.
PUBLIC LAW 97-127, 95 STAT. 1675, CZECHOSLOVAKIAN CLAIMS SETTLEMENT
ACT OF 1981
against Czechoslovakia, 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 // 22 USC prec. 1642. // may be cited as the "
Czechoslovakian Claims Settlement Act of 1981".
Sec. 2. // 22 USC prec. 1642. // (a) The Congress hereby approves
the Agreement between the Government of the United States of America and
the Government of the Czechoslovak Socialist Republic on the Settlement
of Certain Outstanding Claims and Financial Issues, initialed at Prague,
Czechoslovakia on November 6, 1981.
(b) The President may, without further approval by the Congress,
execute such technical revisions of the Agreement approved by subsection
(a) of this section as in his judgment may from time to time be required
to facilitate the implementation of that Agreement. Nothing in this
subsection shall be construed to authorize any revision of that
Agreement to reduce any amount to be paid by the Government of the
Czechoslovak Socialist Republic to the United States Government under
the Agreement, or to defer the payment of any such amount.
Sec. 3. For the purposes of this Act--, // 22 USC note prec. 1642.
//
(1) " Agreement" means the Agreement on the Settlement of
Certain Outstanding Claims and Financial Issues approved by
section 2(a) of this Act;
(2) "national of the United States" has the meaning given such
term by section 401(1) of the International Claims Settlement Act
of 1949;
// 22 USC 1642. //
(3) " Commission" means the Foreign Claims Settlement
Commission of the United States;
(4) " Fund" means the Czechoslovakian Claims Fund established
by section 402(b) of the International Claims Settlement Act of
1949;
// 22 USC 1642a. //
(5) " Secretary" means the Secretary of the Treasury; and
(6) "property" means any property, right, or interest.
Sec. 4. // 22 USC note prec. 1642. // (a) The Secretary shall cover
into the Fund the amount paid by the Government of the Czechoslovak
Socialist Republic in settlement and discharge of claims of nationals of
the United States pursuant to article 1(1) of the Agreement, and shall
deduct from that amount $50,000 for reimbursement to the United States
Government for expenses incurred by the Department of the Treasury and
the Commission in the administration of this Act and title IV of the
International Claims Settlement Act of 1949. // 22 USC 1642. // The
amount so deducted shall be covered into the Treasury to the credit of
miscellaneous receipts. The deduction required by this subsection shall
be made in lieu of the deduction provided in section 402(e) of the
International Claims Settlement Act of 1949; // 22 USC 1642a. //
however, it is the sense of the Congress that the United States
Government is entitled to a larger percentage of the total award
(generally presumed to be 5 percent) and that the ex gratia payment
hereinafter provided to certain claimants, who were otherwise excluded
from sharing in this claims settlement under generally-accepted
principles of international law and United States practice, is justified
only by the extraordinary circumstances of this case and does not
establish any precedent for future claims negotiations or payments.
(b) The Secretary shall establish three accounts in the Fund into
which the amount covered into the Fund pursuant to subsection (a) of
this section, less the deduction required by that subsection, shall be
covered as follows:
(1) An account into which $74,550,000 shall be covered, to be
available for payment in accordance with section 8 of this Act on
account of awards certified pursuant to section 410 of the
International Claims Settlement Act of 1949.
// 22 USC 1642i. //
(2) An account into which $1,500,000 shall be covered, to be
available for payment in accordance with section 8 of this Act on
account of awards determined pursuant to section 5 of this Act.
(3) An account into which the remainder of amounts in the Fund
shall be covered, to be available for payment in accordance with
section 8 of this Act on account of awards determined pursuant to
section 6 of this Act.
Sec. 5. // 22 USC note prec. 1642. // (a) The Commission shall
receive and determine, in accordance with applicable substantive law,
including international law, the validity and amount of claims by
nationals of the United States against the Government of the
Czechoslovak Socialist Republic for losses resulting from the
nationalization or other taking of property owned at the time by
nationals of the United States, which nationalization or other taking
occurred between August 8, 1958, and the date on which the Agreement
enters into force. In making the determination with respect to the
validity and amount of any such claim and the value of the property
taken, the Commission is authorized to accept the fair or proved value
of such property as of the time when the property taken was last
operated, used, managed, or controlled by the national or nationals of
the United States asserting the claim, regardless of whether such time
is prior to the actual date of nationalization or other taking by the
Government of the Czechoslovak Socialist Republic.
(b) The Commission shall certify to the Secretary the amount of any
award determined pursuant to subsection (a).
Sec. 6. (a)(1) // 22 USC note prec. 1642. // The Congress finds
that--,
(A) in the case of certain persons holding claims against the
Czechoslovakian Government who became nationals of the United
States by February 26, 1948, the date on which the current
Communist Government of Czechoslovakia assumed power; and
(B) while the Commission had the authority to deny those claims
described in subparagraph (A) on the basis that the properties
involved had been taken by the Benes Government while the
claimants were not yet nationals of the United States, the effect
of that denial is to withhold compensation to persons who have
been United States citizens for many years and whose expropriated
property has benefited the Communist Government of Czechoslovakia
no less than properties expropriated more directly and clearly by
the Communist Government.
(2)(A) It is therefore the purpose of this section, in accordance
with the intent of the Congress in enacting title IV of the
International Claims Settlement Act of 1949 // 22 USC 1642. // and in
the interests of equity, to make ex gratia payments to the claimants
described in paragraph (1) of this subsection.
(B) The Congress reaffirms the principle and practice of the United
States to seek compensation from foreign governments on behalf only of
persons who were nationals of the United States at the time they
sustained losses by the nationalization or other taking of their
property by those foreign governments. In making payments under this
section, the Congress does not establish any precedent for future claims
payments.
(b) The Commission shall reopen and redetermine the validity and
amount of any claim against the Government of Czechoslovakia which was
filed with the Commission in accordance with the provisions of title IV
of the International Claims Settlement Act of 1949, which was based on
property found by the Commission to have been nationalized or taken by
the Government of Czechoslovakia on or after January 1, 1945, and before
February 26, 1948, and which was denied by the Commission because such
property was not owned by a person who was a national of the United
States on the date of such nationalization or taking. The provisions of
section 405 of the International Claims Settlement Act of 1949 // 22 USC
1642d. // requiring that the property upon which a claim is based must
have been owned by a national of the United States on the date of
nationalization or other taking by the Government of Czechoslovakia
shall be deemed to be met if such property was owned on such date by a
person who became a national of the United States on or before February
26, 1948. The Commission shall certify to the Secretary the amount of
any award determined pursuant to this subsection.
Sec. 7. (a) The provisions of sections 401, 403, 405, 406, 407, 408,
409, 414, 415, and 416 of the International Claims Settlement Act of
1949, // 22 USC note prec. 1642. 22 USC 1642, 1642b, 1642d,
1642e-1642h, 1642m-1642o. // to the extent that such provisions are not
inconsistent with this Act, together with such regulations as the
Commission may prescribe, shall apply with respect to any claim
determined pursuant to section 5(a) of this Act or redetermined pursuant
to section 6(b) of this Act.
(b) Not later than sixty days after the date of the enactment of this
Act, the Commission shall establish and publish in the Federal Register
a period of time within which claims described in section 5 of the Act
must be filed with the Commission, and the date for the completion of
the Commission's affairs in connection with the determination of those
such claims and claims described in section 6 of this Act. Such filing
period shall be not more than one year after the date of such
publication in the Federal Register, and such completion date shall be
not more than two years after the final date for the filing of claims
under section 5. No person holding a claim to which section 6 of this
Act applies shall be required to refile that claim before the Commission
makes the redetermination required by that section.
Sec. 8. (a) As soon as practicable after the date of the enactment
of this Act, // 22 USC note prec. 1642. // the Secretary shall make
payments from amounts in the account established pursuant to section 4(
b)(1) of this Act on the unpaid balance of each award certified by the
Commission pursuant to section 410 of the International Claims
Settlement Act of 1949. // 22 USC 1642i. //
(b) As soon as practicable after the Commission has completed the
certification of awards pursuant to section 5(b) of this Act, the
Secretary shall make payments on account of each such award from the
amounts in the account established pursuant to section 4(b)(2) of this
Act.
(c) As soon as practicable after the Commission has completed the
certification of awards pursuant to section 6(b) of this Act, the
Secretary shall make payments on account of each such award from the
amounts in the account established pursuant to section 4(b)(3) of this
Act.
(d) In the event that--,
(1) the amounts in the account established pursuant to section
4(b)(2) of this Act exceed the aggregate total of all awards
certified by the Commission pursuant to section 5(b) of this Act,
or
(2) the amounts in the account established pursuant to section
4(b)(3) of this Act exceed the aggregate total of all awards
certified by the Commission pursuant to section 6(b) of this Act,
the Secretary shall cover such excess amounts into the account
established pursuant to section 4(b)(1) of this Act. The Secretary
shall make payments pursuant to subsection (a) of this section, from
such excess amounts, on the unpaid balance of awards certified by the
Commission pursuant to section 410 of the International Claims
Settlement Act of 1949.
(e) Payments under this section shall be made on the unpaid balance
of each award which bear to such unpaid balance the same proportion as
the total amount in the account in the Fund from which the payments are
made bears to the aggregate unpaid balance of all awards payable from
that account. Payments under this section, and applications for such
payments, shall be made in accordance with such regulations as the
Secretary may prescribe.
(f) In the event that--,
(1) the Secretary is unable, within three years after the date
of the establishment of the account prescribed by section 4(b)(1)
of this Act, to locate any person entitled to receive payment
under this section on account of an award certified by the
Commission pursuant to section 410 of the International Claims
Settlement Act of 1949 or to locate any lawful heirs, successors,
or legal representatives of that person, or if no valid
application for payment is made by or on behalf of that person
within six months after the Secretary has located that person or
that person's heirs, successors, or legal representatives; or
(2) within six months after the Commission has completed the
certification of awards pursuant to section 5(b) and 6(b) of this
Act, no valid application for payment is made by or on behalf of
any person entitled to receive payment under this section on
account of an award certified by the Commission pursuant to either
such section,
the Secretary shall notice by publication in the Federal Register and in
such other publications as the Secretary may determine that, unless
valid application for payment is made within sixty days after the date
of such publication, that person's award under title IV of the
International Claims Settlement Act of 1949 or this Act, // 22 USC 1642.
// as the case may be, and that person's right to receive payment on
account of such award, shall lapse. Upon the expiration of such
sixty-day period that person's award and right to receive payment shall
lapse, and the amounts payable to that person shall be paid pro rata by
the Secretary on account of all other awards under title IV of the
International Claims Settlement Act of 1949 or this Act, as the case may
be.
Sec. 9. The Secretary shall invest and hold in separate accounts the
amounts held respectively in the accounts established by section 4 of
this Act. // 22 USC note prec. 1642. // Such investment shall be in
public debt securities with maturities suitable for the needs of the
separate accounts and bearing interest at rates determined by the
Secretary, taking into consideration the average market yield on
outstanding marketable obligations of the United States of comparable
maturities. The interest earned on the amounts in each account
established by section 4 of this Act shall be used to make payments, in
accordance with section 8(e) of this Act, on awards payable from that
account.
Sec. 10. (a) If, within sixty days after the date of the enactment
of // 22 USC note prec. 1642. // this Act--,
(1) the Government of the Czechoslovak Socialist Republic does
not make the payments to the United States Government described in
article 6(2) of the Agreement, or
(2) the Czechoslovak Government does not receive the gold
provided in article 6(1) of the Agreement,
the provisions of this Act shall cease to be effective and the
provisions of the Agreement may not be implemented unless the Congress
approves the Agreement after the end of that sixty-day period.
(b) The sixty-day period for implementation of the Agreement required
by subsection (a) shall be extended by an additional period of thirty
calendar days if, before the expiration of that sixty-day period, the
Secretary of State certifies in writing that such extension is
consistent with the purposes of this Act and reports that certification
to the Speaker of the House of Representatives and to the Chairman of
the Committee on Foreign Relations of the Senate, together with a
detailed statement of the reasons for the extension. If at the end of
that additional thirty-day period the events set forth in paragraphs (1)
and (2) of subsection (a) have not occurred, the provisions of this Act
shall cease to be effective and the provisions of the Agreement may not
be implemented unless the Congress approves the Agreement after the end
of that thirty-day period or unless the Congress, before the expiration
of that thirty-day period, authorizes by joint resolution a further
extension of time for implementation of the Aggreement. Such joint
resolution shall be considered in the Senate in accordance with the
provisions of section 601(b) of the International Security Assistance
and Arms Export Control Act of 1976, // 90 Stat. 765. // and in the
House of Representatives a motion to proceed to the consideration of
such joint resolution after it has been reported by the appropriate
committee shall be treated as highly privileged.
Sec. 11. The Secretary of State shall conduct a detailed review of
the exchange of letters between the United States and Czechoslovakia
providing for reciprocal social security payments to residents of the
two countries. Such review should include an examination of the extent
to which Czechoslovakia is complying with spirit and provisions of the
letters, a comparison of the benefits being realized by residents of
Czechoslovakia and of the United States under the letters, and an
evaluation of the basis of differences in such benefits. The Secretary
of State, in consultation with the Department of Health and Human
Services, shall report to the Congress, not later than six months after
the date of the enactment of this Act, the results of such review,
together with any recommendations for legislation or changes in the
agreement made by the letters that may be necessary to achieve greater
comparability and equity of benefits for the residents of the two
countries. Such report should include specific assessments of the
feasibility, likely effects, and adivisability of terminating United
States social security payments to residents of Czechoslovakia in
response to inequities and incomparabilities of benefits payments under
the exchange of letters.
Approved December 29, 1981.
LEGISLATIVE HISTORY-S. 1946 (H.R. 5125) (S. 754):
HOUSE REPORT No. 97 - 385 accompaning H.R. 5125 (Comm. on Foreign
Affairs).
SENATE REPORTS: No. 97 - 189 (Comm. on Finance) and No. 97 - 211
(Comm. on Foreign Relations) both accompanying S. 754.
CONGRESSIONAL RECORD, Vol. 127 (1981):
Dec. 11, considered and passed Senate.
Dec. 15, H.R. 5125 considered and passed House; passage
vacated and S. 1946, amended, passed in lieu.
Dec. 16, Senate concurred in House amendment with an amendment;
House concurred in senate amendment.
PUBLIC LAW 97-126, 95 STAT. 1674
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 113 Saint Joseph Street in Mobile, Alabama (commonly known as
the Old Federal Building-Federal Courthouse), shall hereafter be known
as the John Archibald Campbell United States Courthouse. Any reference
in a law, map, regulation, document, record, or other paper of the
United States to such building shall be held to be a reference to the
John Archibald Campbell United States Courthouse.
Approved December 29, 1981.
LEGISLATIVE HISTORY-H.R. 2494:
HOUSE REPORT No. 97 - 321 (Comm. on Public Works and Transportation).
CONGRESSIONAL RECORD, Vol. 127 (1981):
Nov. 16, considered and passed House.
Dec. 16, considered and passed Senate.
PUBLIC LAW 97-125, 95 STAT. 1667, UNION STATION REDEVELOPMENT ACT OF
1981
of 1968 to provide for the
rehabilitation and completion of Union Station in
Washington, District of Columbia,
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 // 40 USC
801 // may be cited as the " Union Station Redevelopment Act of 1981".
Sec. 2. The Congress finds and declares that--,
(1) Union Station in Washington, District of Columbia,
commissioned by Congress in 1903, designed by Daniel H. Burnham in
monumental Beaux Arts style, and completed by the Washington
Terminal Company in 1907, is an important historic and
architectural landmark of the Nation's Capital;
(2) Union Station was built and used exclusively as a rail
passenger station until Congress decided to make the historic
Union Station building a National Visitor Center in 1968,
allocating rail passenger operations to a replacement facility
behind the historic building;
(3) the use of rail passenger service to and from Washington,
District of Columbia, declining when the National Visitor Center
Facilities Act of 1968
// 40 USC 801 //
was enacted, has dramatically increased since that time with the
advent of and substantial Federal investment in the National
Railroad Passenger Corporation and the northeast corridor
improvement project, justifying a reversal of the policy adopted
13 years ago;
(4) the historic Union Station building is now unsafe and
unusable, and the replacement railroad station is inconvenient and
inadequate for present and projected rail ridership demand;
(5) it is in the national interest to preserve the
architectural features of Union Station and to provide in the
Union Station complex a sound and fully operational transportation
terminal;
(6) the Union Station complex and its vicinity present an
opportunity for successful commercial development integrated with
the transportation functions of the facility; and
(7) the purposes of this Act are to achieve the goals of
historic preservation and improved rail use of Union Station with
maximum reliance on the private sector and minimum requirement for
Federal assistance.
Sec. 3. Title I of the National Visitor Center Facilities Act of
1968 (40 U.S.C. 801 et seq.) is amended--,
(1) by striking " National Visitor Center" in the caption of
title
I and inserting in lieu thereof " Union Station";
(2) by inserting a new caption " Subtitle A-National Visitor
Center" immediately after the new title I caption; and
(3) by adding at the end of title I the following new subtitle:
" Sec. 111. // 40 USC 811. // (a) Upon the request of the Secretary
of Transportation, the Secretary shall assign to the Secretary of
Transportation all of the Secretary's right, title, and interest in the
Union Station complex, including all agreements and leases entered into
under subtitle A of this title. Such assignment may reserve to the
Secretary the right to lease space for visitor services, to the extent
the Secretary and the Secretary of Transportation may agree. For
purposes of this title, the " Union Station complex" shall include all
the real property, air rights, and improvements leased by the Secretary
under subtitle A of this title, together with any property acquired and
all improvements made in accordance with this subtitle.
"(b) Notwithstanding the provisions of subsection (a) of this
section, the Secretary shall, not later than twelve months after the
date of enactment of this subsection, complete the installation of new
roofs and associated drainage systems on all existing roof surfaces of
the historic Union Station building. Of funds appropriated to the
Secretary under the construction appropriation for the National Park
System for the fiscal year ending September 30, 1982, not less than
$8,100,000 shall be available to and allocated by the Secretary for such
roof work. In the event the assignment provided for in subsection (a)
of this section occurs prior to completion of such roof work, the
Secretary shall continue to be responsible for such roof work until its
completion, except as the Secretary and the Secretary of Transportation
may otherwise agree.
"(c) Prior to the assignment provided for in subsection (a) of this
section, the Secretary shall permit the Secretary of Transportation to
carry out or cause to be carried out the activities authorized by this
subtitle or by title VII of the Railroad Revitalization and Regulatory
Reform Act of 1976 (45 U.S.C. 851 et seq.).
"(d) After both the assignment provided for in subsection (a) of this
section and the completion of the roof installation required by
subsection (b) of this section, the Secretary shall be relieved of the
authority and obligation under subtitle A of this title to construct and
operate a National Visitor Center at Union Station. The provisions of
subtitle A of this title shall thereafter be deemed superseded by any
contrary or inconsistent provisions of subtitle B of this title.
" Sec. 112. // 40 USC 812. // The Secretary of Transportation shall
provide for the rehabilitation and redevelopment of the Union Station
complex primarily as a multiple-use transportation terminal serving the
Nation's Capital, and secondarily as a commercial complex, in accordance
with the following goals:
"(a) Preservation of the exterior facade and other historically
and architecturally significant features of the Union Station
building;
"(b) Restoration and operation of a portion of the historic
Union Station building as a rail passenger station, together with
holding facilities for charter, transit, and intercity buses in
the Union Station complex;
"(c) Commercial development of the Union Station complex that
will, to the extent possible, financially support the continued
operation and maintenance of such complex; and
"(d) Withdrawal by the Federal Government from any active role
in the operation and management of the Union Station complex as
soon as practical and at the least possible Federal expense
consistent with the goals set forth in subsections (a) through (c)
of this section.
" Sec. 113. // 40 USC 813. // There are authorized to be
appropriated to the Secretary of Transportation such sums as may be
necessary to meet lease and other obligations, including maintenance
requirements, incurred by the Secretary and assigned to the Secretary of
Transportation under this subtitle. The Secretary shall transfer to the
Secretary of Transportation at the time of such assignment such sums as
may have been appropriated to the Secretary to meet such obligations and
not yet expended as of the date of such assignment.
"(b) Notwithstanding the provisions of section 102(a)(5) of this
title, // 40 USC 802. // the Secretary of Transportation is authorized
to purchase for the United States any property that was leased by the
Secretary under subtitle A of this title and assigned to the Secretary
of Transportation under this subtitle. The purchase agreement for such
property may provide for payment by the Secretary of Transportation over
a term not to exceed six years. There are authorized to be appropriated
to the Secretary of Transportation, in addition to the sums authorized
by subsection (a) of this section, not to exceed $275,000 per year for
not to exceed six years to carry out such purchase. Such purchase shall
not be subject to the provisions of title III of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C.
4651 et seq.).
" Sec. 114. // 40 USC 814. // (a) The Secretary of Transportation
shall, on an emergency basis, carry out an engineering survey of all
existing structures at the Union Station complex for the following
purposes:
"(1) to determine those actions necessary or desirable to
preserve the long-term structural integrity of, and provide
functional utility systems for, the historic Union Station
building;
"(2) in cooperation with Amtrak, to determine those actions
necessary or desirable to restore rail passenger handling
functions to the historic Union Station building and otherwise
improve rail passenger service facilities at Union Station,
including improved passenger access to the trains; and
"(3) to prepare detailed estimates of the costs of such
rehabilitation and improvement.
"(b) Concurrently with the engineering survey required by subsection
(a) of this section, the Secretary of Transportation, in cooperation
with the National Railroad Passenger Corporation, shall carry out a
planning and market feasibility study to assess the commercial
development potential of the Union Station complex. Such study shall
also include, but not be limited to, an assessment of the feasibility
and desirability of:
"(1) providing passenger transportation services from Union
Station to the commercial airports in the area;
"(2) constructing a heliport at or near the Union Station
complex; and
"(3) relocating to office space in Union Station the offices of
Federal or other public transportation agencies.
"(c) The Secretary of Transportation shall complete the engineering
survey required by this section not later than six months after the date
of enactment of this section, and shall complete the planning and market
feasibility study required by this section not later than twelve months
after the date of enactment of this section.
"(d) Of amounts appropriated under section 704(a)(1) and (2) of the
Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C.
854(a) (1) and (2)), $1,000,000 shall be available to and be utilized by
the Secretary of Transportation to carry out the purposes of subsections
(a) and (b) of this section.
"(e) Within twelve months following the date of enactment of this
section, the Secretary of Transportation shall submit a report to the
Congress on the results of the engineering survey and planning and
market feasibility studies carried out under this section. Such report
shall be referred to the Committees on Commerce, Science, and
Transportation and Environment and Public Works of the Senate and the
Committees on Energy and Commerce and Public Works and Transportation of
the House, respectively. Such report shall include a specific
commitment of Federal funds for completion of the rehabilitation of the
historic Union Station building, together with any necessary request for
appropriations, in the amount determined by the Secretary of
Transportation to be necessary in light of the survey and studies
carried out under this section, from either or both of the following
sources:
"(1) funds authorized to be appropriated and not yet
appropriated under section 704(a) of the Railroad Revitalization
and Regulatory Reform Act of 1976 (45 U.S.C. 854(a)) that are in
excess of the amounts set out in the last sentence of such section
704(a); and
"(2) funds programed or reprogramed from any other
appropriation available to the Secretary of Transportation.
Notwithsanding any other provision of this subsection, no funds from the
Northeast Corridor Improvement Project and other rail or rail-related
programs in excess of $29,000,000 shall be available for the completion
of the rehabilitation of the historic Union Station building or other
purposes determined by the Secretary of Transportation to be necessary
in light of the survey and studies carried out under this section if
within ninety calendar days of continuous session of the Congress after
any request for such excess funds either the Committee on Energy and
Commerce of the House of Representatives or the Committee on Commerce,
Science, and Transportation of the Senate disapproves of the
availability of such excess funds for such purposes by majority vote.
For purposes of this subsection, continuity of session of the Congress
is broken only by an adjournment sine die, and 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 period
described in this subsection.
" Sec. 115. // 40 USC 815. // (a) in order to achieve the goals set
out in section 112 of this subtitle, the Secretary of Transportation is
authorized to select and subsequently enter into one or more agreements
(hereafter in this Act referred to as 'development agreements') with one
or more responsible individuals, corporations, or other private entities
with demonstrated experience in the financing, undertaking, and managing
of commercial real estate development (hereafter in this Act referred to
as 'developers').
"(b) The Secretary of Transportation shall prescribe the procedures
and criteria for selection of a developer for the Union Station complex:
Provided, That no final developer selection shall be made unless and
until at least two developers meeting minimum criteria prescribed by the
Secretary of Transportation have submitted to the Secretary of
Transportation specific design and financing proposals for the
rehabilitation and redevelopment of the Union Station complex, and
specific proposals for the acquisition, conveyance, or lease of real
property. The Secretary of Transportation is directed to initiate
discussions with potential developers as soon as possible following
enactment of this section to assure the earliest possible selection of a
developer or developers.
"(c) Development agreements entered into under this section shall be
considered cooperative agreements for purposes of the Federal Grant and
Cooperative Agreement Act of 1977 (41 U.S.C. 501 et seq.). With respect
to such development agreements, the Secretary of Transportation is
authorized to modify or waive the application of regulations otherwise
applicable to Federal or Department of Transportation financial
assistance agreements, to the extent the Secretary of Transportation
determines in his discretion to be necessary to accomplish the purposes
of this subtitle at the lowest cost to the Federal Government.
"(d) The Secretary of Transportation is further authorized to enter
into such other agreements and contracts, except any agreement or
contract to sell property rights at the Union Station complex, with such
persons, corporations, financial institutions, Federal, regional, or
local agencies, or the Architect of the Capitol as the Secretary of
Transportation deems necessary or desirable to carry out the purposes of
this subtitle. Any such agreement may be made assignable to a selected
developer or developers of the Union Station complex.
" Sec. 116. // 40 USC 816. // (a)(1) The Secretary of Transportation
is authorized to acquire for the United States, by lease, purchase, or
otherwise, any interest in real property (including, without limitation,
interests in the nature of easements or reservations) and any other
property interest (including, without limitation, contract rights) in or
relating or adjacent to the Union Station complex that the Secretary of
Transportation deems necessary to carry out the purposes of this
subtitle.
"(2) If the Secretary of Transportation determines that property
under the jurisdiction of the Architect of the Capitol in squares 721
and 722 eastward of the historic Union Station building is necessary to
carry out the purposes of this subtitle, the Secretary of Transportation
may request assignment of such property to the use of the Secretary of
Transportation, as a part of the Union Station complex, and subject to
the provisions of this subtitle, and the Architect of the Capitol shall
so assign such property.
"(b) Notwithstanding any other provision of law, the Secretary of
Transportation is authorized to maintain, use, operate, manage, and
lease, either directly, by contract, or through development agreements,
any property interest held or acquired by the Secretary of
Transportation for the United States under this subtitle, in such manner
and subject to such terms, conditions, covenants, and easements as the
Secretary of Transportation deems necessary or desirable to carry out
the purposes of this subtitle.
" Sec. 117. // 40 USC 817. // (a) The Secretary of Transportation is
authorized to use income and proceeds received from activities
authorized by this subtitle, including, without limitation, operating
and leasing income and payments made to the Federal Government under
development agreements, to pay expenses incurred by the Secretary of
Transportation in carrying out the purposes of this subtitle, including,
without limitation, construction, acquisition, leasing, operation, and
maintenance expenses, and payments made to developers under development
agreements.
"(b) A special deposit account is hereby established in the Treasury
of the United States, to be known as the Union Station Fund, which shall
be administered as a revolving fund. Such special deposit account shall
be credited with receipts of the Secretary of Transportation from
activities authorized by this subtitle and the balance in such special
deposit account shall be available in such amounts as are specified in
annual appropriation Acts for making expenditures authorized by this
subtitle.
" Sec. 118. // 40 USC 818. // (a) Notwithstanding any other
provision of title 23, United States Code, and other Acts pertaining to
Federal-Aid Highways, the Secretary of Transportation shall immediately
approve the completion of the parking facility, and associated ramps
(including any necessary pedestrian access and walkways, escalators,
elevators, moving sidewalk access, and connections) at Union Station, to
be financed with interstate highway funds apportioned to the District of
Columbia. To the extent necessary to complete such project, such
apportionment shall not be subject to any obligation limitation enacted
for the fiscal year ending September 30, 1982, or the fiscal year ending
September 30, 1983. The amount of such apportionment necessary to
complete such project, not to exceed $40,000,000, shall remain available
to the District of Columbia until expended, without regard to the
provisions of section 118(b) of title 23, United States Code. The
Federal share shall be 100 per centum of the total cost of such project.
"(b) Within sixty days of the enactment of this section, the
Secretary of Transportation shall enter into an agreement with the
District of Columbia's Department of Transportation for the Secretary of
Transportation's administration of the project described in subsection
(a) of this section. Such project agreement shall provide that all
right, title, and interest in such parking facility shall remain in the
United States. The rate of fees charged for use of the parking facility
may exceed the rate required for maintenance and operation of the
facility, and shall be established in a manner that encourages its use
by rail passengers and participants in activities in the Union Station
complex and area.
" Sec. 119. // 40 USC 819. // (a) The Secretary of Transportation is
authorized, on such terms and conditions as he may prescribe, to release
the Washington Terminal Company from any or all of its obligations under
agreements and leases entered into under subtitle A of this title,
including, without limitation, the obligation to construct a new
railroad passenger station as provided in section 102( a)(4) of this
title. // 40 USC 802. //
"(b) The Secretary of Transportation shall waive such statutory or
contractual restrictions on the use of the parking structure and
associated ramps described in section 118 of this subtitle as would
otherwise be required or imposed because funds for such construction
were or are provided under the Urban Mass Transportation Act of 1964, as
amended (49 U.S.C. 1601 et seq.).
"(c) The Secretary of Transportation is authorized to use funds
appropriated under section 704(a)(2) of the Railroad Revitalization and
Regulatory Reform Act of 1976 (45 U.S.C. 854(a)(2)) to carry out the
purposes of this subtitle without regard to the matching funds
requirement of section 703(1)(B) of such Act (45 U.S.C 853(1)(B)).
Funds appropriated under section 704(a) of such Act may not be used for
design, construction, or operation of a heliport at or near Union
Station.
"(d) The Architect of the Capitol is authorized to enter into
agreements with the Secretary of Transportation or his designee or
assign to furnish steam or chilled water or both from the Capitol Power
Plant to the Union Station complex, at no expense to the legislative
branch.".
Sec. 4. (a) The Act approved November 5, 1966 (Public Law 89 - 759)
and section 108 of the National Visitor Center Facilities Act of 1968
(Public Law 90 - 264) are repealed.
(b) Section 102(b) of the National Visitor Center Facilities Act of
1968 (40 U.S.C. 802(b)) is amended by striking the word "title" and
inserting in lieu thereof the word "subtitle".
Sec. 5. As used in section 502(a)(1)(B) of the Rail Passenger
Service Act, // 45 USC 582 // the term " Amtrak Commuter" shall mean,
with respect to the period prior to January 1, 1983, " Conrail".
Approved December 29, 1981.
LEGISLATIVE HISTORY- S. 1192:
SENATE REPORTS: No. 97 - 70 (Comm. on Commerce, Science, and
Transportation)
CONGRESSIONAL RECORD, Vol. 127 (1981):
Nov . 23, considered and passed Senate.
Dec. 16, considered and passed House.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 17, No. 53 (1981):
Dec. 29, Presidential statement.
PUBLIC LAW 97-124, 95 STAT. 1666
title 28, United States Code, to acts
or omissions of members of the National Guard, and to
provide that the remedy
under those provisions shall be exclusive in medical
malpractice actions involving
members of the National Guard.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 2671 of
title 28, United States Code, is amended--,
(1) in the second paragraph, by inserting "members of the
National Guard while engaged in training or duty under section
316, 502, 503, 504, or 505 of title 32," after "naval forces of
the United States,"; and
(2) in the third paragraph, by inserting "or a member of the
National Guard as defined in section 101(3) of title 32"
immediately after " United States".
Sec. 2. Section 1089(a) of title 10, United States Code, is amended
by inserting "the National Guard while engaged in training or duty under
section 316, 502, 503, 504, or 505 of title 32," after "armed forces,".
Sec. 3. Section 334 of title 32, United States Code, and the item
relating to such section in the section analysis of chapter 3 of such
title, are repealed.
Sec. 4. The amendments made by this Act // 10 USC 1089 // and the
repeal made by section 3 of this Act shall apply only with respect to
claims arising on or after the date of the enactment of this Act.
Approved December 29, 1981.
LEGISLATIVE HISTORY-H.R. 3799 (S. 267):
HOUSE REPORT No. 97 - 384, Pt. 1 (Comm. on the Judiciary).
SENATE REPORT No. 97 - 297 accompanying S. 267 (Comm. on the
Judiciary).
CONGRESSIONAL RECORD, Vol. 127 (1981):
Dec. 15, considered and passed House.
Dec. 16, considered and passed Senate, in lieu of S. 267.
PUBLIC LAW 97-123, 95 STAT. 1659
restore minimum benefits
under the Social Security Act.
Be it enacted by the Senate and House of Representatives of the
United States of American in Congress assembled,
Section 1. (a) Section 201 of the Social Security Act // 42 USC 401.
// is amended by adding at the end thereof the following new
subsection:
"(I)(1) If at any time prior to January 1983 to Managing Trustee
determines that borrowing authorized under this subsection is
appropriate in order to best meet the need for financing the benefit
payments from the Federal Old-age and Survivors Insurance Trust Fund or
the Federal Disability Insurance Trust Fund, the Managing Trustee may
borrow such amounts as he determines to be appropriate from the other
such Trust Fund, or from the Federal Hospital Insurance Trust Fund
established under section 1817, // 42 USC 1395i. // for transfer to and
deposit in the Trust Fund whose need for financing is involved.
"(2) In any case where a loan has been made to a Trust Fund under
paragraph (1), there shall be transferred from time to time, from the
borrowing Trust Fund to the lending Trust Fund, interest with respect to
the unrepaid balance of such loan at a rate equal to the rate which the
lending Trust Fund would earn on the amount involved if the loan were an
investment under subsection (d).
"(3) If in any month after a loan has been made to a Trust Fund under
paragraph (1), the Managing Trustee determines that the assets of such
Trust Fund are sufficient to permit repayment of all or part of any
loans made to such Fund under paragraph (1), he shall make such
repayments as he determines to be appropriate.
"(4) The Board of Trustees shall make a timely report to the Congress
of any amounts transferred (including interest payments) under this
subsection.".
(b) Section 1817 of such Act // 42 USC 1395i. // is amended by
adding at the end thereof the following new subsection:
"(j)(1) If at any time prior to January 1983 the Managing Trustee
determines that borrowing authorized under this subsection is
appropriate in order to best meet the need for financing the benefit
payments from the Federal Hospital Insurance Trust Fund, the Managing
Trustee may borrow such amounts as he determines to be appropriate from
either the Federal Old-age and Survivors Insurance Trust Fund or the
Federal Disability Insurance Trust Fund for transfer to and deposit in
the Federal Hospital Insurance Trust Fund.
"(2) In any case where a loan has been made to the Federal Hospital
Insurance Trust Fund under paragraph (1), there shall be transferred
from time to time, from such Trust Fund to the lending Trust Fund,
interest with respect to the unrepaid balance of such loan at a rate
equal to the rate which the lending Trust Fund would earn on the amount
involved if the loan were an investment under subsection (c).
"(3) If any month after a loan has been made to the Federal Hospital
Insurance Trust Fund under paragraph (1), the Managing Trustee
determines that the assets of such Trust Fund are sufficient to permit
repayment of all or part of any loans made to such Fund under paragraph
(1), he shall make such repayments as he determines to be appropriate.
"(4) The Board of Trustees shall make a timely report to the Congress
of any amounts transferred (including interest payments) under this
subsection.".
(c) The amendments made by this section // 42 USC 401 // shall be
effective on the date of the enactment of this Act.
BENEFICIARIES
Sec. 2. (a)(1) Section 215(a)(5) of the Social Security Act (as
amended by section 2201 of the Omnibus Budget Reconciliation Act of
1981) is further amended--,
(A) in the first sentence, by striking out ", and the table for
determining primary insurance amounts and maximum family benefits
contained in this section in December 1978 shall be modified as
specified in paragraph (6)"; and
(B) in the last sentence, by striking out ", modified by the
application of paragraph (6),".
(2) Section 215(a)(6)(A) of the Social Security Act (as added by
section 2201 of the Omnibus Budget Reconciliation Act of 1981) is
amended by striking out " The table of benefits" and all that follows
down through "shall be extended" and inserting in lieu thereof the
following " In applying the table of benefits in effect in December 1978
under this section for purposes of the last sentence of paragraph (4),
such table, revised as provided by subsection (i), as applicable, shall
be extended".
(b) Section 215(f)(7) of the Social Security Act (as amended by
section 2201 of the Omnibus Budget Reconciliation Act of 1981) is
further amended--,
(1) by striking out the period at the end of the second
sentence and inserting in lieu thereof ", and (effective January
1982) the recomputation shall be modified by the application of
subsection (a)(6) where applicable."; and
(2) by striking out the last sentence.
(c) Section 215(i)(2)(A)(iii) of the Social Security Act (as amended
by section 2201 of the Omnibus Budget reconciliation Act of 1981) is
further amended by inserting after "this title" the following: "and,
with respect to a primary insurance amount determined under subsection
(a)(1)(C)(i)(I) in the case of an individual to whom that subsection (as
in effect in December 1981) applied, subject to the provisions of
subsection (a)(1)(C)(i) and clauses (iv) and (v) of this subparagraph
(as then in effect)".
(d) Section 215(i)(4) of the Social Security Act (as amended by
section 2201 of the Omnibus Budget Reconciliation Act of 1981) is
further amended by striking out ", modified by the application of
subsection (a)(6)," each place it appears.
(e) Section 202(q) of the Social Security Act (as amended by section
2201 of the Omnibus Budget Reconciliation Act of 1981) is further
amended--,
(1) in paragraph (4), by striking out "changed" and "change"
each place they appear and inserting in lieu thereof "increased"
and "increase", respectively; and
(2) in paragraph (10), by striking out "changed", "change", and
"changes" each place they appear and inserting in lieu thereof
"increased", "increase", and "increases", respectively.
(f) Section 203(a)(8) of the Social Security Act (as amended by
section 2201 of the Omnibus Budget Reconciliation Act of 1981) is
further amended by striking out ", and modified by the application of
section 215(a)(6),".
(g) Section 217(b)(1) of the Social Security Act (as amended by
section 2201 of the Omnibus Budget Reconciliation Act of 1981) is
further amended by striking out ", and as modified by the application of
section 215(a)(6),".
(h) Section 1622 of the Social Security Act (as added by section 2201
of the Omnibus Budget Reconciliation Act of 1981) // 42 USC 415 // is
repealed.
(i) Subsection (e) of section 2201 of the Omnibus Budget
Reconciliation Act of 1981 is repealed.
(j)(1) Subsection (h) of section 2201 of the Omnibus Budget
Reconciliation Act of 1981 // 42 USC 1382 // is repealed, effective
September 1, 1981.
(2) Except as provided in paragraphs (3) and (4), the amendments made
by section 2201 of the Omnibus Budget Reconciliation Act of 1981 // 42
USC 415 // (other than subsection (f) thereof), together with the
amendments made by the preceding subsections of this section, shall
apply with respect to benefits for months after December 1981; and the
amendment made by subsection (f) of such section 2201 shall apply with
respect to deaths occurring after December 1981.
(3) Such amendments shall not apply--,
(A) in the case of an old-age insurance benefit, if the
individual who is entitled to such benefit first became eligible
(as defined in section 215(a)(3)(B) of the Social Security Act)
// 42 USC 415. // for such benefit
before January 1982,
(B) in the case of a disability insurance benefit, if the
individual who is entitled to such benefit first became eligible
(as so defined) for such benefit before January 1982, or attained
age sixty-two before January 1982,
(C) in the case of a wife's or husband's insurance benefit, or
a child's insurance benefit based on the wages and self-employment
income of a living individual, if the individual on whose
wages and self-employment income such benefit is based is entitled
to an old-age or disability insurance benefit with respect to
which such amendments do not apply, or
(D) in the case of a survivors insurance benefit, if the
individual on whose wages and self-employment income such benefit
is based died before January 1982, or dies in or after January
1982 and at the time of his death is eligible (as so defined) for
an old-age or disability insurance benefit with respect to which
such amendments do not apply.
(4) In the case of an individual who is a member of a religious order
(within the meaning of section 3121(r)(2) of the Internal Revenue Code
of 1954), // 26 USC 3121. // or an autonomous subdivision of such
order, whose members are required to take a vow of poverty, and which
order or subdivision elected coverage under title II of the Social
Security Act // 42 USC 401. // before the date of the enactment of this
Act, or who would be such a member except that such individual is
considered retired because of old age or total disability, paragraphs
(2) and (3) shall apply, except that each reference therein to "
December 1981" or " January 1982" shall be considered a reference to "
December 1991" or " January 1992", respectively.
PAY
Sec. 3. (a) Clause (2) of section 209(b) of the Social Security Act
// 42 USC 409. // is amended by inserting immediately after "sickness
or accident disability" the following: "(but, in the case of payments
made to an employee or any of his dependents, this clause shall exclude
from the term 'wages' only payments which are received under a workmen's
compensation law)".
(b)(1) Subparagraph (B) of section 3121(a)(2) of the Internal Revenue
Code of 1954 // 26 usc 3121. // (defining wages for purposes of the
Federal Insurance Contributions Act) // 26 USC 3126. // is amended to
read as follows:
"(B) sickness or accident disability (but, in the case of
payments made to an employee or any of his dependents, this
subparagraph shall exclude from the term 'wages' only payments
which are received under a workmen's compensation law), or".
(2) Section 3121(a) of such Code is further amended by adding at the
end thereof (after and below paragraph (18)) the following new sentence:
" Except as otherwise provided in regulations prescribed by the
Secretary, any third party which makes a payment included in wages
solely by reason of the parenthetical matter contained in subparagraph
(B) of paragraph (2) shall be treated for purposes of this chapter and
chapter 22 // 26 USC 3201 // as the employer with respect to such
wages."
(c) Subsection (e) of section 3231 // 26 USC 3231. // of such Code
(defining compensation for purposes of the Railroad Retirement Tax Act)
// 26 USC 3233. // is amended by adding at the end thereof the
following new paragraph:
"(4)(A) For purposes of applying sections 3201(b) and 3221(b)
(and so much of section 3211(a) as relates to the rates of the
taxes imposed by sections 3101 and 3111), in the case of payments
made to an employee or any of his dependents on account of
sickness or accident disability, clause (i) of the second sentence
of paragraph (1) shall exclude from the term 'compensation'
only--,
Act
of 1974.
// 45 USC 231t. //
"(B) Notwithstanding any other provision of law, for purposes
of the sections specified in subparagraph (A), the term
'compensation' shall include benefits paid under section 2(a) of
the Railroad Unemployment Insurance Act
// 45 USC 352. // for days of sickness,
except to the extent that such sickness (as determined in
accordance with standards prescribed by the Railroad Retirement
Board) is the result of on-the-job injury.
"(C) Under regulations prescribed by the Secretary,
subparagraphs (A) and (B) shall not apply to payments made after
the expiration of a 6-month period comparable to the 6-month
period described in section 3121(a)(4).
"(D) Except as otherwise provided in regulations prescribed by
the Secretary, any third party which makes a payment included in
compensation solely by reason of subparagraph (A) or (B) shall be
treated for purposes of this chapter as the employer with respect
to such compensation."
(d)(1) The regulations prescribed under the last sentence of section
3121(a) of the Internal Revenue Code of 1954, // 26 USC 3121 // and the
regulations prescribed under subparagraph (D) of section 3231(e)(4) of
such Code, // 26 USC 3121 // shall provide procedures under which, if
(with respect to any employee) the third party promptly--,
(A) withholds the employee portion of the taxes involved,
(B) deposits such portion under section 6302 of such Code,
// 26 USC 6302. //
and
(C) notifies the employer of the amount of the wages or
compensation involved,
the employer (and not the third party) shall be liable for the employer
portion of the taxes involved and for meeting the requirements of
section 6051 of such Code (relating to receipts for employees) with
respects to the wages or compensation involved.
(2) For purposes of paragraph (1)--,
(A) the term "employer" means the employer for whom services
are normally rendered,
(B) the term "taxes involved" means, in the case of any
employee, the taxes under chapters 21 and 22
// 26 USC 3101, 3201 //
which are payable solely by reason of the parenthetical matter
contained in subparagraph (B) of section 3121(a)(2) of such Code,
or solely by reason of paragraph (4) of section 3231(e) of such
Code, and
(C) the term "wages or compensation involved" means, in the
case of any employee, wages or compensation with respect to which
taxes described in subparagraph (B) are imposed.
(e) For purposes of applying section 209 of the Social Security Act,
// 26 USC 3121 // section 3121(a) of the Internal Revenue Code of 1954,
// 42 USC 409. // and section 3231(e) of such Code // 26 USC 3121. //
with respect to the parenthetical matter contained in section 209(b)(2)
of the Social Security Act or section 3121(a)(2)(B) of the Internal
Revenue Code of 1954, or with respect to section 3231(e)(4) of such Code
(as the case may be), payments under a State temporary disability law
shall be treated as remuneration for service.
(f) Notwithstanding any other provision of law, // 26 USC 3101 // no
penalties or interest shall be assessed on account of any failure to
make timely payment of taxes, imposed by section 3101, 3111, 3201(b),
3211, or 3221(b) of the Internal Revenue Code of 1954 // 26 USC 3101,
3111, 3201, 3211, 3221. // with respect to payments made for the period
beginning January 1, 1982, and ending June 30, 1982, to the extent that
such taxes are attributable to this section (or the amendments made by
this section) and that such failure is due to reasonable cause and not
to willful neglect.
(g)(1) Except as provided in paragraph (2), this section // 26 USC
3121 // (and the amendments made by this section) shall apply to
remuneration paid after December 31, 1981.
(2) This section (and the amendments made by this section) shall not
apply with respect to any payment made by a third party to an employee
pursuant to a contractual relationship of an employer with such third
party entered into before December 14, 1981, if--,
(A) coverage by such third party for the group in which such
employee falls ceases before March 1, 1982, and
(B) no payment by such third party is made to such employee
under such relationship after February 28, 1982.
Sec. 4. (a) Section 208(g) of the Social Security Act // 42 USC 408.
// is amended--,
(1) by inserting "or for the purpose of obtaining anything of
value from any person," before "or for any other purpose" in the
matter preceding paragraph (1); and
(2) by adding after paragraph (2) the following new paragraph:
"(3) knowingly alters a social security card issued by the
Secretary, buys or sells a card that is, or purports to be, a card
so issued, counterfeits a social security card, or possesses a
social security card or counterfeit social security card with
intent to sell or alter it; or".
(b) Section 208 of such Act // 42 USC 408. // is further amended by
striking out "shall be guilty of a misdemeanor and upon conviction
thereof shall be fined not more than $1,000 or imprisoned for not more
than one year, or both" in the matter following subsection (h) and
inserting in lieu thereof "shall be guilty of a felony and upon
conviction thereof shall be fined not more than $5,000 or imprisoned for
not more than five years, or both".
(c) The amendments made by subsections (a) and (b) // 42 USC 408 //
shall be effective with respect to violations committed after the date
of the enactment of this Act.
HEALTH AIDE
DEMONSTRATION PROJECTS
Sec. 5. The last sentence of subsection (c)(2) of section 966 of the
Omnibus Reconciliation Act of 1980 // 42 USC 632a. // (as added by
section 2156 of the Omnibus Budget Reconciliation Act of 1981) is
amended by inserting "with at least seven States" after "agreements".
Sec. 6. Section 223(f) of the Social Security Act // 42 USC 423. //
is amended by adding at the end thereof the following new paragraph:
"(3) Notwithstanding the provisions of section 552a of title 5,
United States Code, or any other provision of Federal or State law, any
agency of the United States Government or of any State (or political
subdivision thereof) shall make available to the Secretary, upon written
request, the name and social security account number of any individual
who is confined in a jail, prison, or other penal institution or
correctional facility under the jurisdiction of such agency, pursuant to
his conviction of an offense which constituted a felony under applicable
law, which the Secretary may require to carry out the provisions of this
subsection.".
Sec. 7. The Secretary of Health and Human Services shall report to
the Congress within ninety days after the date of the enactment of this
Act with respect to the actions being taken to prevent payments from
being made under title II of the Social Security Act // 42 USC 401. //
to deceased individuals, including to the extent possible the use of the
death records available under the medicare program to screen the cash
benefit rolls for such deceased individuals.
Approved December 29, 1981.
LEGISLATIVE HISTORY-H.R. 4331:
HOUSE REPORT No. 97 - 409 (Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 127 (1981):
July 31, considered and passed House.
July 31, Oct. 14, 15, considered and passed Senate, amended.
Dec. 15, Senate agreed to conference report.
Dec. 16, House agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 17, No. 53 (1981):
Dec. 29, Presidential statement.
PUBLIC LAW 97-122, 95 STAT. 1658
Post Office.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That, as soon as
practicable after the date of the enactment of this Act, the Postmaster
General shall--,
(1) designate the post office located at 6400 Marlboro Pike,
Forestville, Maryland, as the " E. Michael Roll Post Office"; and
(2) install in such post office, in a place in open view of the
public, an appropriate plaque indicating the designation of the
post office pursuant to this Act.
Approved December 29, 1981.
LEGISLATIVE HISTORY-H.R. 4431:
CONGRESSIONAL RECORD, Vol. 127 (1981):
Sept. 23, considered and passed House.
Dec. 15, considered and passed Senate.
PUBLIC LAW 97-121, 95 STAT. 1647, FOREIGN ASSISTANCE AND RELATED
PROGRAMS APPROPRIATIONS ACT, 1982
97th CONGRESS, H.R. 4559
programs for the fiscal
year ending September 30, 1982, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for foreign assistance and related programs for the fiscal
year ending September 30, 1982, and for other purposes, namely:
For payment to the Inter-American Development Bank by the Secretary
of the Treasury, for the United States share of the replenishment of the
resources of the Fund for Special Operations, as authorized by the Act
of June 3, 1980 (Public Law 96 - 259), // 94 Stat. 429. // $173,177,000
to remain available until expended; and $48,053,477, for the United
States share of the increase in subscriptions to the paid-in capital
stock, as authorized by the Act of June 3, 1980 (Public Law 96 - 259),
to remain available until expended: Provided, That no such payment may
be made while the United States Executive Director to the Bank is
compensated by the Bank at a rate in excess of the rate provided for an
individual occupying a position at level IV of the Executive Schedule
under section 5315 of title 5, United States Code, or while the
alternate United States Executive Director to the Bank is compensated by
the Bank at a rate in excess of the rate provided for an individual
occupying a position at level V of the Executive Schedule under section
5316 of title 5, United States Code.
The United States Governor of the Inter-American Development Bank may
subscribe without fiscal year limitation to the callable capital portion
of the United States share of such increase in capital stock in an
amount not to exceed $609,582,129.
RECONSTRUCTION
AND DEVELOPMENT
For payment to the International Bank for Reconstruction and
Development by the Secretary of the Treasury, for the United States
share of the increase in subscriptions to the paid-in capital stock, as
authorized by the International Financial Institutions Act, $37,168,491,
to remain available until expended, and $109,720,549 for the General
Capital Increase, as authorized by section 39 of the Bretton Woods
Agreements Act, to remain available until expended: Provided, That no
such payment may be made while the United States Executive Director to
the Bank is compensated by the Bank at a rate in excess of the rate
provided for an individual occupying a position at level IV of the
Executive Schedule under section 5315 of title 5, United States Code, or
while the alternate United States Executive Director to the Bank is
compensated by the Bank at a rate in excess of the rate provided for an
individual occupying a position at level V of the Executive Schedule
under section 5316 of title 5, United States Code.
The United States Governor of the International Bank for
Reconstruction and Development may subscribe without fiscal year
limitation to the callable portion of the United States share of such
increases in capital stock in an amount not to exceed $1,687,728,491.
For payment to the International Finance Corporation by the Secretary
of the Treasury, $14,447,900, for the United States share of the
increase in subscriptions to capital stock, as authorized by the
International Financial Institutions Act, to remain available until
expended.
ASSOCIATION
For payment to the International Development Association by the
Secretary of the Treasury, $700,000,000, for the second installment of
the United States contribution to the sixth replenishment, as authorized
by section 17 of the International Development Association Act, to
remain available until expended: Provided, That no such payment may be
made while the United States Executive Director to the International
Bank for Reconstruction and Development is compensated by the Bank at a
rate in excess of the rate provided for an individual occupying a
position at level IV of the Executive Schedule under section 5315 of
title 5, United States Code, or while the alternate United States
Executive Director to the Bank is compensated by the Bank at a rate in
excess of the rate provided for an individual occupying a position at
level V of the Executive Schedule under section 5316 of title 5, United
States Code: Provided further, That the Secretary of the Treasury shall
instruct the Executive Director to undertake negotiations to reallocate
the development credits made available through the sixth replenishment
to provide a more efficient distribution among recipient nations
including a reduction in the maximum development credits provided to any
given nation.
For payment to the Asian Development Bank by the Secretary of the
Treasury, for the United States share of the increase in subscriptions
to the paid-in capital stock, as authorized by the International
Financial Institutions Act, $4,713,851, to remain available until
expended; and for the United States contribution to the increase in
resources of the Asian Development Fund, as authorized by the Act of
June 3, 1980 (Public Law 96 - 259), // 94 Stat. 429. // $108,250,000 to
remain available until expended; and as authorized by the International
Financial Institutions Act, $7,847,869, to remain available until
expended: Provided, That no such payment may be made while the United
States Director of the Bank is compensated by the Bank at a rate which,
together with whatever compensation such Director receives from the
United States, is in excess of the rate provided for an individual
occupying a position at level IV of the Executive Schedule under section
5315 of title 5, United States Code, or while any alternate United
States Director to the Bank is compensated by the Bank in excess of the
rate provided for an individual occupying a position at level V of the
Executive Schedule under section 5316 of title 5, United States Code.
The United States Governor of the Asian Development Bank may
subscribe without fiscal year limitation to the callable capital portion
of the United States share of such increase in capital stock in an
amount not to exceed $42,632,409.
For payment to the African Development Fund by the Secretary of the
Treasury, $58,333,333, as authorized by the Act of June 3, 1980 (Public
Law 96 - 259), // 94 Stat. 429. // for the United States contribution
to the second replenishment of the African Development Fund, to remain
available until expended.
For necessary expenses to carry out the provisions of section 301 of
the Foreign Assistance Act of 1961, // 22 USC 2221. // and of section 2
of the United Nations Environment Program Participation Act of 1973, //
22 USC 287 // $215,438,000: Provided, That no funds shall be available
for the United Nations Fund for Science and Technology or the United
Nations Decade for Women: Provided further, That not less than
$126,750,000 shall be available only for the United Nations Development
Program: Provided further, That not more than $41,500,000 shall be
available for the United Nations Children's Fund: Provided further,
That not more than $7,850,000 shall be available for the United Nations
Environment Program.
For expenses necessary to enable the President to carry out the
provisions of the Foreign Assistance Act of 1961, // 22 USC 2151 // and
for other purposes, to remain available until September 30, 1982, unless
otherwise specified herein, as follows:
Agriculture, rural development, and nutrition, Development
Assistance: For necessary expenses to carry out the provisions of
section 103, // 22 USC 2151a. // $700,000,000: Provided, That of this
amount the funds provided for loans shall remain available for
obligation until September 30, 1983.
Population, Development Assistance: For necessary expenses to carry
out the provisions of section 104(b), // 22 USC 2151b. // $211,000,000:
Provided, That of this amount the funds provided for loans shall remain
available for obligation until September 30, 1983: Provided further,
That none of the funds appropriated under this heading may be available
for the World Health Organization's Special Program of Research,
Development and Research Training in Human Reproduction.
Health, Development Assistance: For necessary expenses to carry out
the provisions of section 104(c), $133,405,000: Provided, That of this
amount the funds provided for loans shall remain available for
obligation until September 30, 1983.
Education and human resources development, Development Assitance:
For necessary expenses to carry out the provisions of section 105, // 22
USC 2151c. // $103,550,000: Provided, That $4,000,000 of this amount
shall be available only for scholarships for South Africa students in
accordance with the last sentence of section 105(a) of the Foreign
Assistance Act of 1961 (as added by title III of the International
Security and Development Cooperation Act of 1981): Provided further,
That of this amount the funds provided for loans shall remain available
for obligation until September 30, 1983.
Energy and selected development activities, Development Assistance:
For necessary expenses to carry out the provisions of sections 106 and
107, // 22 USC 2151d, 2151e. // $137,200,000: Provided, That of this
amount the funds provided for loans shall remain available for
obligation until September 30, 1983.
Science and technology, Development Assistance: For necessary
expenses to carry out the provisions of sections 106 - 107, $10,000,000:
Provided, That the amounts provided for loans to carry out the purposes
of this paragraph shall remain available for obligation until September
30, 1983.
Loan allocation, Development Assistance: Of the new obligational
authority appropriated under this Act to carry out the provisions of
sections 103 through 107, // 22 USC 2151a-2151e. // not less than 30
percent shall be available for loans for the fiscal year 1982:
Provided, That loans made pursuant to this authority to countries whose
annual per capita gross national product is greater than $730 but less
than $1,180 shall be repayable within twenty-five years following the
date on which funds are initially made available under such loans and
loans to countries whose annual per capita gross national product is
greater than or equal to $1,180 shall be repayable within twenty years
following the date on which funds are initially made available under
such loans.
American schools and hospitals abroad: For necessary expenses to
carry out the provisions of section 214, // 22 USC 2174. //
$20,000,000.
International disaster assistance: For necessary expenses to carry
out the provisions of section 491, // 22 USC 2292. // $27,000,000:
Provided, That of the funds appropriated under this paragraph, not less
than $10,000,000 shall be used for earthquake relief and reconstruction
in southern Italy.
Sahel development program: // 22 USC 2151s. // For necessary
expenses to carry out the provisions of section 121, $93,757,500, to
remain available until expended: Provided, That no part of such
appropriation may be available to make any contribution of the United
States to the Sahel development program in excess of 10 per centum of
the total contributions to such program: Provided further, That of such
amount, $2,000,000 shall be used for the African Development Foundation
and, in addition, the unobligated balances as of September 30, 1981, of
funds heretofore made available for the African Development Foundation
are hereby continued available for the fiscal year 1982 for use for the
African Development Foundation.
Payment to the Foreign Service Retirement and Disability Fund: For
payment to the " Foreign Service Retirement and Disability Fund", // 94
Stat. 2071. // as authorized by the Foreign Service Act of 1980 // 22
USC 3901 // $32,552,000.
Economic support fund: For necessary expenses to carry out the
provisions of chapter 4 of part II, // 22 USC 2346. // $2,576,000,000:
Provided, That of the funds appropriated under this paragraph, not less
than $806,000,000 shall be available for Israel, not less than
$771,000,000 shall be availale for Egypt: Provided further, That no
funds provided for the Special Requirements Fund shall be obligated or
expended without the prior written approval of the Appropriations
Committees of both Houses of Congress: Provided further, That not less
than $100,000,000 shall be available for Sudan, not less than $5,000,000
for Poland, not less than $5,000,000 for Tunisia, and not less than
$20,000,000 for Costa Rica: Provided further, That not more than
$15,000,000 shall be available for Cyprus.
Peacekeeping operations: For necessary expenses to carry out the
provisions of section 551, // 22 USC 2348. // $14,000,000.
Operating expenses of the Agency for International Development: For
necessary expenses to carry out the provisions of section 667, // 22 USC
2427. // $331,000,000: Provided, That not more than $20,000,000 of
this amount shall be for Foreign Affairs Administrative Support.
Trade and development: For necessary expenses to carry out the
provisions of section 661, // 22 USC 2421. // $6,907,000, to remain
available until expended.
Housing and other credit guaranty programs: During the fiscal year
1982, total commitments to guarantee loans shall not exceed $150,000,000
of contingent liability for loan principal.
International narcotics control: For necessary expenses to carry out
the provisions of section 481, // 22 USC 2291. // $36,700,000:
Provided, That these and other funds heretofore made available for
international narcotics control may be used in accordance with the
provisions of H.R. 3566, as reported May 19, 1981.
Subject to the enactment of authorizing legislation, during the
fiscal year 1982, the equivalent in currency or credit of $70,000,000 in
Polish zlotys (received by the United States from the April 1981 sale of
United States Government-held dairy products to Poland) shall be
available for use in Poland to serve United States interests, including
use for activities of common benefit to the people of the United States
and the people of Poland, such as joint programs in energy, agriculture,
education, science, health, and culture, or for humanitarian activities.
For expenses necessary to carry out the functions of the
Inter-American Foundation in accordance with the provisions of section
401 of the Foreign Assistance Act of 1969, // 22 USC 290f. // and to
make such contracts and commitments without regard to fiscal year
limitations, as provided by section 104 of the Government Corporation
Control Act, // 31 USC 849. // $12,000,000.
The Overseas Private Investment Corporation is authorized to make
such expenditures within the limits of funds available to it and in
accordance with law (including not to exceed $8,000 for entertainment
allowances), and to make such contracts and commitments without regard
to fiscal year limitations, as provided by section 104 of the Government
Corporation Control Act (31 U.S.C. 849), as may be necessary in carrying
out the program set forth in the budget for the current fiscal year.
During the fiscal year 1982 and within the resources and authority
available, gross obligations for the amount of direct loans shall not
exceed $10,000,000.
During the fiscal year 1982, total commitments to guarantee loans
shall not exceed $100,000,000 of contingent liability for loan
principal.
For expenses necessary to carry out the provisions of the Peace Corps
Act (75 Stat. 612), $105,000,000: Provided, That none of the funds
appropriated in this paragraph shall be used to pay for abortions.
For expenses, not otherwise provided for, necessary to enable the
Secretary of State to provide, as authorized by law, a contribution to
the International Committee of the Red Cross and assistance to refugees,
including contributions to the Intergovernmental Committee for European
Migration and the United Nations High Commissioner for Refugees;
salaries and expenses of personnel and dependents as authorized by the
Foreign Service Act of 1980, // 94 Stat. 2071. 22 USC 3901 // allowances
as authorized by sections 5921 through 5925 of title 5, United States
Code; hire of passenger motor vehicles; and services as authorized by
section 3109 of title 5, United States Code, $503,000,000: Provided,
That $30,000,000 of this amount shall be transferred to the Agency for
International Development to be used only for resettlement services and
facilities for refugees and displaced persons in Africa: Provided
further, That $5,000,000 of this amount shall be used for assistance for
persons displaced by strife in El Salvador as provided in H.R. 3566 as
reported May 19, 1981: Provided further, That these funds shall be
administered in a manner that insures equity in the treatment of all
refugees receiving Federal assistance: Provided further, That no funds
herein appropriated shall be used to assist directly in the migration to
any nation in the Western Hemisphere of any person not having a security
clearance based on reasonable standards to insure against Communist
infiltration in the Western Hemisphere: Provided further, That not more
than $7,426,000 of the funds appropriated under this heading shall be
available for the administrative expenses of the Office of Refugee
Programs of the Department of State.
For necessary expenses to carry out the provisions of section 503 of
the Foreign Assistance Act of 1961, // 22 USC 2311. // including
administrative expenses and purchase of passenger motor vehicles for
replacement only for use outside of the United State, $176,512,000, to
remain available for obligation until September 30, 1983.
For necessary expenses to carry out the provisions of section 541 of
the Foreign Assistance Act of 1961, // 22 USC 2347. // $38,488,000.
For expenses necessary to enable the President to carry out the
provisions of sections 23 and 24 of the Arms Export Control Act, // 22
USC 2763, 2764. // $750,000,000 of which not less than $550,000,000
shall be allocated to Israel and not less than $200,000,000 shall be
allocated for Egypt: Provided, That of the amount provided for the
total aggregate credit sale ceiling during the current fiscal year, not
less than $1,400,000,000 shall be allocated to Israel.
During the fiscal year 1982 and within the resources and authority
available, gross obligations for the principal amount of direct loans,
exclusive of loan guaranty defaults,shall not exceed $750,000,000.
During the fiscal year 1982, total commitments to guarantee loans
shall not exceed $3,083,500,000 of contingent liability for loan
principal.
The Export-Import Bank Of the United States is authorized to make
such expenditures within the limits of funds and borrowing authority
available to such corporation, and in accordance with law, and to make
such contracts and commitments without regard to fiscal year
limitations, as provided by section 104 of the Government Corporation
Control Act, // 31 USC 849. // as may be necessary in carrying out the
program set forth in the budget for the current fiscal year for such
corporation: Provided, That none of the funds available during the
current fiscal year may be used to make expenditures, contracts, or
commitments for the export of nuclear equipment, fuel, or technology to
any country other than a nuclear-weapon State as defined in Article IX
of the Treaty on the Non-Proliferation of Nuclear Weapons // 21 UST 483.
// eligible to receive economic or military assistance under this Act
that has detonated a nuclear explosive after the date of enactment of
this Act.
During the fiscal year 1982 and within the resources and authority
available, gross obligations for the principal amount of direct loans
shall not exceed $4,400,000,000. During the fiscal year 1982, total
commitments to guarantee loans shall not exceed $9,220,000,000 of
contingent liability for loan principal.
Not to exceed $15,115,000 (to be computed on an accrual basis) shall
be available during the current fiscal year for administrative expenses,
including hire of passenger motor vehicles and services as authorized by
section 3109 of title 5, United States Code, and not to exceed $16,000
for entertainment allowances for members of the Board of Directors:
Provided, That (1) fees or dues to international organizations of credit
institutions engaged in financing foreign trade, (2) necessary expenses
(including special services performed on a contract or a fee basis, but
not including other personal services) in connection with the
acquisition, operation, maintenance, improvement, or disposition of any
real or personal property belonging to the Export-Import Bank or in
which it has an interest, including expenses of collections of pledged
collateral, or the investigation or appraisal of any property in respect
to which an application for a loan has been made, and (3) expenses
(other than internal expenses of the Export-Import Bank) incurred in
connection with the issuance and servicing of guarantees, insurance, and
reinsurance, shall be considered as nonadministrative expenses for the
purposes of this paragraph.
Sec. 501. None of the funds appropriated in this Act (other than
funds appropriated for " International organizations and programs")
shall be used to finance the construction of any new flood control,
reclamation, or other water or related land resource project or program
which has not met the standards and criteria used in determining the
feasibility of flood control, reclamation, and other water and related
land resource programs and projects proposed for construction within the
United States of America under the Principles and Standards for Planning
Water and Related Land Resources dated October 25, 1973.
Sec. 502 Except for the appropriations entitled " International
disaster assistance", " United States emergency refugee and migration
assistance fund" and the special requirements fund within the
appropriations entitled " Military Assistance" and the special
requirements fund within the appropriations entitled " Economic support
fund", not more than 15 per centum of any appropriation item made
available by this Act for the fiscal year 1982 shall be obligated or
reserved during the last month of availability.
Sec. 503. None of the funds appropriated in this Act nor any of the
counterpart funds generated as a result of assistance hereunder or any
prior Act shall be used to pay pensions, annuities, retirement pay, or
adjusted service compensation for any persons heretofore or hereafter
serving in the armed forces of any recipient country.
Sec. 504. None of the funds appropriated or made available pursuant
to this Act // 22 USC 2151 // for carrying out the Foreign Assistance
Act of 1961, may be used for making payments on any contract for
procurement to which the United States is a party entered into after the
date of enactment of this Act which does not contain a provision
authorizing the termination of such contract for the convenience of the
United States.
Sec. 505. None of the funds appropriated or made available pursuant
to this Act for carrying out the Foreign Assistance Act of 1961, may be
used to pay in whole or in part any assessments, arrearages, or dues of
any member of the United Nations.
Sec. 506. None of the funds contined in title II of this Act may be
used to carry out the provisions of section 209(d) of the Foreign
Assistance Act of 1961. // 22 USC 2169. //
Sec. 507. Of the funds appropriated or made available pursuant to
this Act, not to exceed $110,000 shall be for official residence
expenses of of the Agency for International Development during the
fiscal year 1982: Provided, That appropriate steps shall be taken to
assure that, to the maximum extent possible, United States-owned foreign
currencies are utilized in lieu of dollars.
Sec. 508. Of the funds appropriated or made available pursuant to
this Act, not to exceed $10,000 shall be for entertainment expenses of
the Agency for International Development during fiscal year 1982.
Sec. 509. Of the funds appropriated or made available pursuant to
this Act, not to exceed $100,000 shall be for representation allowances
of the Agency for International Development during fiscal year 1982:
Provided, That appropriate steps shall be taken to assure that, to the
maximum extent possible, United States-owned foreign currencies are
utilized in lieu of dollars: Provided further, That of the total funds
made available by this Act under the headings " Military Assistance" and
" Foreign Military Credit Sales", not to exceed $2,500 shall be
available for entertainment expenses and not to exceed $70,000 shall be
available for representation allowances: Provided further, That of the
funds made available by this Act under the heading " International
Military Education and Training", not to exceed $125,000 shall be
available for entertainment allowances: Provided further, That of the
funds made available by this Act for the Inter-American Foundation, not
to exceed $2,500 shall be available for entertainment and representation
allowances: Provided further, That of the funds made available by this
Act for the Peace Corps, not to exceed a total of $4,000 shall be
available for entertainment expenses.
Sec. 510. None of the funds appropriated or made available (other
than funds for " International organizations and programs") pursuant to
this Act for carrying out the Foreign Assistance Act of 1961, // 22 USC
2151 // may be used to finance the export of nuclear equipment, fuel, or
technology or to provide assistance for the training of foreign
nationals in nuclear fields.
Sec. 511. Funds appropriated by this Act may not be obligated or
expended to provide assistance to any country for the purpose of aiding
the efforts of the government of such country to repress the legitimate
rights of the population of such country contrary to the Universal
Declaration of Human Rights.
Sec. 512. None of the funds appropriated or made available pursuant
to this Act shall be obligated or expended to finance directly any
assistance to Mozambique, except that the President may waive this
prohibition if he determines, and so reports to the Congress, that
furnishing such assistance would further the foreign policy interests of
the United States.
Sec. 513. None of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended to finance directly
any assistance or reparations to Libya, Iraq, or South Yemen. None of
the funds appropriated or otherwise made available pursuant to this Act
shall be obligated or expended to finance directly any assistance or
reparations to Angola, Cambodia, Cuba, Laos, the Socialist Republic of
Vietnam, or Syria.
Sec. 514. None of the funds made available by this Act may be
obligated under an appropriation account to which they were not
appropriated without the written prior approval of the Appropriations
Committees of both Houses of the Congress.
Sec. 515. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes within the United States
not authorized before the date of enactment of this Act by the Congress.
Sec. 516. No part of any appropriation contained in this Act shall
remain available for obligation after the expiration of the current
fiscal year unless expressly so provided in this Act.
Sec. 517. No part of any appropriation contained in this Act shall
be used to furnish assistance to any country which is in default during
a period in excess of one calendar year in payment to the United States
of principal or interest on any loan made to such country by the United
States pursuant to a program for which funds are appropriated under this
Act.
Sec. 518. None of the funds appropriated or made available pursuant
to this Act shall be available to any international financial
institution whose United States representative cannot upon request
obtain the amounts and the names of borrowers for all loans of the
international financial institution, including loans to employees of the
institution, or the compensation and related benefits of employees of
the institution.
Sec. 519. None of the funds appropriated or made available pursuant
to this Act shall be available to any international financial
institution whose United States representative cannot upon request
obtain any document developed by the management of the international
financial institutions.
Sec. 520. None of the funds appropriated or otherwise made available
by this Act to the Export-Import Bank and funds appropriated by this Act
for direct foreign assistance may be obligated for any government which
aids or abets, by granting sanctuary from prosecution to, any individual
or group which has committed or is being sought by any other government
for prosecution for any war crime or an act of international terrorism,
unless the President finds that the national security requires
otherwise.
Sec. 521. None of the funds appropriated or made available pursuant
to this Act for direct assistance and none of the funds otherwise made
available pursuant to this Act to the Export-Import Bank and the
Overseas Private Investment Corporation shall be obligated or expended
to finance any loan, any assistance or any other financial commitments
for establishing or expanding production of any commodity for export by
any country other than the United States, if the commodity is likely to
be in surplus on world markets at the time the resulting productive
capacity is expected to become operative and if the assistance will
cause substantial injury to United States producers of the same,
similar, or competing commodity: Provided, That such prohibition shall
not apply to the Export-Import Bank if in the judgment of its Board of
Directors the benefits to industry and employment in the United States
are likely to outweigh the injury to United States producers of the
same, similar, or competing commodity.
Sec. 522. The Secretary of the Treasury shall instruct the United
States executive directors of the International Bank for Reconstruction
and Development, the International Development Association, the
International Finance Corporation, the Inter-American Development Bank,
the Asian Development Bank, the African Development Bank, and the
African Development Fund to use the voice and vote of the United States
to oppose any assistance by these institutions, using funds appropriated
or made available pursuant to this Act, for the production of any
commodity for export, if it is in surplus on world markets and if the
assistance will cause substantial injury to United States producers of
the same, similar, or competing commodity.
Sec. 523. None of the funds made available under this Act for "
Agriculture, rural development, and nutrition, Development Assistance,"
" Population, Development Assistance," " Health, Development
Assistance," " Education and human resources development, Development
Assistance," " Energy, private voluntary organizations, and selected
development activities, Development Assistance," " Science and
technology, Development Assistance," " International organizations and
progrms," " American schools and hospitals abroad," " Trade and
development program," " Sahel development program," " International
narcotics control," " Economic support fund," " Peace--, keeping
operations," " Operating Expenses of the Agency for International
Development," " Military assistance," " International military education
and training," " Foreign military credit sales," " Inter-American
Foundation," " Peace Corps," or " Migration and refugee assistance,"
shall be available for obligation for activities, programs, projects,
type of materiel assistance, countries, or other operation not justified
or in excess of the amount justified to the Appropriations Committees
for obligation under any of these specific headings for the fiscal year
1982 unless the Appropriations Committees of both Houses of Congress are
previously notified fifteen days in advance.
Sec. 524. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, pursuant to 5 U.S.
C. 3109, shall be limited to those contracts where such expenditures are
a matter of public record and available for public inspection, except
where otherwise provided under existing law, or under existing Executive
order issued pursuant to existing law.
Sec. 525. None of the funds appropriated under this Act may be used
to lobby for abortion.
This Act may be cited as the " Foreign Assistance and Related
Programs Appropriations Act, 1982".
Approved December 29, 1981.
LEGISLATIVE HISTORY-H.R. 4559 (S. 1802):
HOUSE REPORTS: No. 97 - 245 (Comm. on Appropriations) and No. 97 -
416 (Comm. of Conference).
SENATE REPORT No. 97 - 266 accompanying S. 1802 (Comm. on
Appropriations).
CONGRESSIONAL RECORD, Vol. 127 (1981):
Nov. 7, S. 1802 considered and passed Senate.
Dec. 10, 11, considered and passed House.
Dec. 11, considered and passed Senate, amended, in lieu of S.
1802.
Dec. 16, House and Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 17, No. 53 (1981):
Dec. 29, Presidential statement.
PUBLIC LAW 97-120, 95 STAT. 1646
Washington, the District of
Columbia, as the " Herbert Clark Hoover Department
of Commerce Building".
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Department of
Commerce Building at 14th Street and Constitution Avenue Northwest, in
Washington, the District of Columbia, shall hereafter be known and
designated as the " Herbert Clark Hoover Department of Commerce
Building". Any reference in a law, map, regulation, document, record,
or other paper of the United States to that building shall be held to be
a reference to the " Herbert Clark Hoover Department of Commerce
Building".
Approved December 29, 1981.
LEGISLATIVE HISTORY-S. 657:
SENATE REPORT No. 97 - 286 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD, Vol. 127 (1981):
Dec. 4, considered and passed Senate.
Dec. 6, considered and passed House.
PUBLIC LAW 97-119, 95 STAT. 1635, BLACK LUNG BENEFITS REVENUE ACT OF
1981
a temporary increase in the
tax imposed on producers of coal, and for other
purposes.
Be in enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SEC. 101. SHORT TITLE; AMENDMENT OF 1954 CODE.
(a) Short Title.-This subtitle // 26 USC 1 // may be cited as the "
Black Lung Benefits Revenue Act of 1981".
(b) Amendment of 1954 Code.-Except as other wise expressly provided,
whenever in this subtitle or 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.
SEC. 102. TEMPORARY INCREASE IN AMOUNT OF TAX.
(a) General Rule.-Section 4121 // 26 USC 4121. // (relating to tax
on coal) is amended by adding at the end thereof the following new
subsection:
"(e) Temporary Increase in Amount of Tax.--,
"(1) In general.-Effective with respect to sales after December
31, 1981, and before the temporary increase termination date--,
"(2) Temporary increase termination date.-For purposes of
paragraph (1), the temporary increase termination date is the
earlier of--,
is--,
(b) Effective Date.-The amendment made by subsection (a) // 26 USC
4121 // shall apply to sales after December 31, 1981.
SEC. 103. BLACK LUNG DISABILITY TRUST FUND.
(a) General Rule.-The Internal Revenue Code of 1954 is amended by
adding at the end thereof the following new subtitle:
" SEC. 9500. // 26 USC 9500. // SHORT TITLE.
" This subtitle may be cited as the ' Trust Fund Code of 1981'.
Trust Fund.
" SEC. 9501. // 26 USC 9501. // ESTABLISHMENT OF BLACK LUNG
DISABILITY TRUST FUND.
"(a) Creation of Trust Fund.--,
"(1) In general.-There is established in the Treasury of the
United States a trust fund to be known as the ' Black Lung
Disability Trust Fund', consisting of such amounts as may be
appropriated or credited to the Black Lung Disability Trust Fund.
"(2) Trustees.-The trustees of the Black Lung Disability Trust
Fund shall be the Secretary of the Treasury, the Secretary of
Labor, and the Secretary of Health and Human Services.
"(b) Transfer of Certain Taxes; Other Receipts.--,
"(1) Transfer to black lung disability trust fund of amounts
equivalent to certain taxes.-There are hereby appropriated to the
Black Lung Disability Trust Fund amounts equivalent to the taxes
received in the Treasury under section 4121 or subchapter B of
chapter 42.
"(2) Certain repaid amounts, etc.-The following amounts shall
be credited to the Black Lung Disability Trust Fund:
(including interest
thereon).
Lung
Benefits Act.
// 30 USC 933, 941, 942. //
Trust
Fund by a trust described in section 501(c)(21).
"(c) Repayable Advances.--
"(1) Authorization.-There are authorized to be appropriated to
the Black Lung Disability Trust Fund, as repayable advances, such
sums as may from time to time be necessary to make the
expenditures described in subsection (d).
"(2) Repayment with interest.-Repayable advances made to the
Black Lung Disability Trust Fund shall be repaid, and interest on
such advances shall be paid, to the general fund of the Treasury
when the Secretary of the Treasury determines that moneys are
available in the Black Lung Disability Trust Fund for such
purposes.
"(3) Rate of interest.-Interest on advances made pursuant to
this subsection shall be at a rate determined by the Secretary of
the Treasury (as of the close of the calendar month preceding the
month in which the advance is made) to be equal to the current
average market yield on outstanding marketable obligations of the
United States with remaining periods to maturity comparable to the
anticipated period during which the advance will be outstanding.
"(d) Expenditures From Trust Fund.-Amounts in the Black Lung
Disability Trust Fund shall be available, as provided by appropriation
Acts, for--,
"(1) the payment of benefits under section 422 of the Black
Lung Benefits Act
// 30 USC 932. //
in any case in which the Secretary of Labor determines that--,
benefits--,
determination
of eligibility by the Secretary of Labor, or
the date of
the enactment of the Black Lung Benefits Revenue
Act of
1981, amounts will be available under this subparagraph
only for benefits accruing after the date of such
initial
determination, or
of
such benefits,
"(2) the payment of obligations incurred by the Secretary of
Labor with respect to all claims of miners or their survivors in
which the miner's last coal mine employment was before January 1,
1970,
"(3) the repayment into the Treasury of the United States of an
amount equal to the sum of the amounts expended by the Secretary
of Labor for claims under part C of the Black Lung Benefits Act
// 30 USC 931. //
which were paid before April 1, 1978, except that the Black Lung
Disability Trust Fund shall not be obligated to pay or reimburse
any such amounts which are attributable to periods of eligibility
before January 1, 1974,
"(4) the repayment of, and the payment of interest on,
repayable advances to the Black Lung Disability Trust Fund,
"(5) the payment of all expenses of administration on or after
March 1, 1978--,
Department
of Health and Human Services under part C of the
Black Lung Benefits Act
// 30 USC 937, 943. //
(other than under section 427(a) or
433), or
// 26 USC 4121. //
and in carrying
out its responsibilities with respect to the Black
Lung
Disability Trust Fund,
"(6) the reimbursement of operators for amounts paid by such
operators (other than as penalties or interest) before April 1,
1978, in satisfaction (in whole or in part) of claims of miners
whose last employment in coal mines was terminated before January
1, 1970, and
"(7) the reimbursement of operators and insurers for amounts
paid by such operators and insurers (other than amounts paid as
penalties, interest, or attorney fees) at any time in satisfaction
(in whole or in part) of any claim denied (within the meaning of
section 402(i) of the Black Lung Benefits Act) before March 1,
1978, and which is or has been approved in accordance with the
provisions of section 435 of the Black Lung Benefits Act.
// 30 USC 945. // For purposes of the preceding sentence, any reference
to section 402(i), 422, or 435 of the Black Lung Benefits Act shall be
treated as a reference to such section as in effect immediately after
the enactment of this section.
" SEC. 9601. // 26 USC 9601. // TRANSFER OF AMOUNTS.
" The amounts appropriated by any section of subchapter A to any
Trust Fund established by such subchapter shall be transferred at least
monthly from the general fund of the Treasury to such Trust Fund on the
basis of estimates made by the Secretary of the Treasury of the amounts
referred to in such section. Proper adjustments shall be made in the
amounts subsequently transferred to the extent prior estimates were in
excess of or less than the amounts required to be transferred.
" SEC. 9602. // 26 USC 9602. // MANAGEMENT OF TRUST FUNDS.
"(a) Report.-It shall be the duty of the Secretary of the Treasury to
hold each Trust Fund established by subchapter A, and (after
consultation with any other trustees of the Trust Fund) to report to the
Congress each year on the financial condition and the results of the
operations of each such Trust Fund during the preceding fiscal year and
on its expected condition and operations during the next 5 fiscal years.
Such report shall be printed as a House document of the session of the
Congress to which the report is made.
"(b) INVESTMENT.--,
"(1) In general.-It shall be the duty of the Secretary of the
Treasury to invest such portion of any Trust Fund established by
subchapter A as is not, in his judgment, required to meet current
withdrawals. Such investments may be made only in
interest-bearing obligations of the United States. For such
purpose, such obligations may be acquired--,
"(2) Sale of obligations.-Any obligation acquired by a Trust
Fund established by subchapter A may be sold by the Secretary of
the Treasury at the market price.
"(3) Interest on certain proceeds.-The interest on, and the
proceeds from the sale or redemption of, any obligations held in a
Trust Fund established by subchapter A shall be credited to and
form a part of the Trust Fund.".
(b) Repeal of Subsection (a), (b), and (c) of Section 3 of the Black
Lung Benefits Revenue Act of 1977. // 30 USC 934a. // -Subsections (a),
(b), and (c) of section 3 of the Black Lung Benefits Revenue Act of 1977
are hereby repealed.
(c) Clerical Amendments.--,
(1) Clause (iii) of section 501(c)(21)(B)
// 26 USC 501. //
is amended by striking out "established under section 3 of the
Black Lung Benefits Revenue Act of 1977" and inserting in lieu
thereof "established under section 9501".
(2) The table of subtitles for such Code is amended by adding
at the end thereof the following new item:
" Subtitle I. Trust Fund Code.".
(d) Effective Date.--, // 26 USC 9501 //
(1) In General.-The amendements made by this section shall take
effect on January 1, 1982. Section 9501(c)(3) of the Internal
Revenue Code of 1954 (as added by subsection (a)) shall only apply
to advances made after December 31, 1981.
(2) Savings provisions.-The Black Lung Disability Trust Fund
established by the amendments made by this section shall be
treated for all purposes of law as the continuation of the Black
Lung Disability Trust Fund established by section 3 of the Black
Lung Benefits Revenue Act of 1977. Any reference in any law to
the Black Lung Disability Trust Fund established by such section 3
shall be deemed to include a reference to the Black Lung
Disability Trust Fund established by the amendments made by this
section.
SEC. 104. AMENDMENTS TO SECTION 424 OF THE BLACK LUNG BENEFITS ACT.
(a) Interest on Operator Liabilities.--,
(1) Rate of interest.-Subsection (b) of section 424 of the
Black Lung Benefits Act
// 30 USC 934. //
is amended by adding at the end thereof the following new
paragraph:
"(5) The rate of interest under this subsection--,
be 15
percent, and
the
rate established by section 6621 of the Internal
Revenue
Code of 1954
// 26 USC 6621. //
which is in effect for such period.".
(2) Clarifying amendment.-The first sentence of section 424(
b)(1) of the Black Lung Benefits Act is amended by inserting "plus
interest thereon" after "attributed to him".
(3) Effective date.-The amendment made by paragraph (1)
// 30 USC 934 //
shall take effect on January 1, 1982, and shall apply to amounts
outstanding on such date or arising thereafter.
(b) Conforming Amendments.--,
(1) Section 402(h) of the Black Lung Benefits Act
// 30 USC 902. //
is amended to read as follows:
"(h) The term 'fund' means the Black Lung Disability Trust Fund
established by section 9501 of the Internal Revenue Code of 1954.".
(2) Section 415(a)(1) of the Black Lung Benefits Act
// 30 USC 925. //
is amended by striking "section 424 of this title" and inserting
in lieu thereof "section 9501(d) of the Internal Revenue Code of
1954".
(3) Section 422(a) of the Black Lung Benefits Act
// 30 USC 932. //
is amended by striking "section 424" and inserting in lieu thereof
"section 9501(d) of the Internal Revenue Code of 1954".
(4) Section 422(i)(4) of the Black Lung Benefits Act is amended
by striking "section 424" and inserting in lieu thereof "section
9501(d) of the Internal Revenue Code of 1954".
(5) Section 422(j) of the Black Lung Benefits Act is amended by
striking "section 424 shall" and inserting in lieu thereof
"section 9501 of the Internal Revenue Code of 1954 shall"; and by
striking "section 424(a)(1)" and inserting in lieu thereof
"section 9501(d)(1) of the Internal Revenue Code of 1954".
(6) Section 424(a) of the Black Lung Benefits Act
// 30 USC 934. //
is amended to read as follows:
"(a) For purposes of this section, the term 'fund' has the meaning
set forth in section 402(h).".
SEC. III. ADDITIONAL 2-YEAR DELAY IN APPLICATION OF THE NET
OPERATING LOSS RULES ADDED BY THE TAX REFORM ACT OF 1976.
Paragraphs (2) and (3) of section 806(g) of the Tax Reform Act of
1976 // 26 USC 382 // (relating to effective dates for the amendments to
sections 382 and 383 of the Internal Revenue Code of 1954) // 26 USC
382, 383. // are amended by striking out "1982" each place it appears
and inserting in lieu thereof "1984".
SEC. 112. INFORMATION RETURNS WITH RESPECT TO SAFE HARBOR LEASES.
(a) Requirement of Return.--, // 26 USC 168 //
(1) In general.-Except as provided in paragraph (2), paragraph
(8) of section 168(f) of the Internal Revenue Code of 1954
(relating to special rule for leases) shall not apply with respect
to an agreement unless a return, signed by the lessor and lessee
and containing the information required to be included in the
return pursuant to subsection (b), has been filed with the
Internal Revenue Service not later than the 30th day after the
date on which the agreement is executed.
(2) Special rules for agreements executed before january 1,
1982.--,
section
168(f)(8) unless a return, signed by the lessor and
containing
the information required to be included in subsection
(b), has
been filed with the Internal Revenue Service not
later than
January 31, 1982.
return
under subparagraph (A), the return requirement under
subparagraph (A) shall be satisfied if such return is
filed by
the lessee before January 31, 1982.
(3) Certain failure to file.-If--,
the time
prescribed by this subsection, and
and
not due to willful neglect,
the lessor or lessee shall be treated as having filed a timely
return if a return is filed within a reasonable time after the
failure is ascertained.
(b) Information Required.-The information required to be included in
the return pursuant to this subsection is as follows:
(1) The name, address, and taxpayer identifying number of the
lessor and the lessee (and parent company if a consolidated return
is filed);
(2) The district director's office with which the income tax
returns of the lessor and lessee are filed;
(3) A description of each individual property with respect to
which the election is made;
(4) The date on which the lessee places the property in
service, the date on which the lease begins and the term of the
lease;
(5) The recovery property class and the ADR midpoint life of
the leased property;
(6) The payment terms between the parties to the lease
transaction;
(7) Whether the ACRS deductions and the investment tax credit
are allowable to the same taxpayer;
(8) The aggregate amount paid to outside parties to arrange or
carry out the transaction;
(9) For the lessor only: the unadjusted basis of the property
as defined in section 168(d)(1);
(10) For the lessor only: if the lessor is a partnership or a
grantor trust, the name, address, and taxpayer identifying number
of the partners or the beneficiaries, and the district director's
office with which the income tax return of each partner or
beneficiary is filed; and
(11) Such other information as may be required by the return or
its instructions.
Paragraph (8) shall not apply with respect to any person for any
calendar year if it is reasonable to estimate that the aggregate
adjusted basis of the property of such person which will be subject to
subsection (a) for such year is $1,000,000 or less.
(c) Coordination With Other Information Requirements.-In the case of
agreements executed after December 31, 1982, to the extent provided in
regulations prescribed by the Secretary of the Treasury or his delegate,
the provisions of this section shall be modified to coordinate such
provisions with the other information requirements of the Internal
Revenue Code of 1954.
SEC. 113. EXPENSES IN CONNECTION WITH BUSINESS USE OF A HOME, ETC.
(a) Rental to Family Members and Shared Equity Agreements
Permitted.--,
(1) In general.-Subsection (d) of section 280 A
// 26 USC 280 A. //
(relating to disallowance of certain expenses in connection with
business use of home, rental of vacation homes, etc.) is amended
by redesignating paragraph (3) as paragraph (4) and by inserting
after paragraph (2) the following new paragraph:
"(3) Rental to family member, etc., for use as principal
residence.--,
of a
rental arrangement for any period if for such period
such
dwelling unit is rented, at a fair rental, to any
person for use
as such person's principal residence.
shared
equity financing agreement.
means an
undivided interest for more than 50 years in the entire
dwelling unit and appurtenant land being acquired in the
transaction to which the shared equity financing
agreement
relates.".
(2) Definition of qualified rental period.-Subparagraph (B) of
section 280 A(d)(4)
// 26 USC 280 A. //
(defining qualified rental period), as redesignated by paragraph
(1), is amended by striking out "to a person other than a member
of the family (as defined in section 267(c)(4)) of the taxpayer".
(b) Treatment of Expenses While Away From Home in Pursuit of Trade or
Business.--,
"(1) In general.-Subsection (f) of section 280 A is amended by
adding at the end thereof the following new paragraph:
"(4) Coordination with section 162(a)(2), etc.--,
construed
to disallow any deduction allowable under section
162(a)(2) (or any deduction which meets the tests of
section
162(a)(2) but is allowable under another provision of
this
title) by reason of the taxpayer's being away from home
in
the pursuit of a trade or business (other than the
trade or
business of renting dwelling units).
(A)
or any other provision of this title shall permit such a
deduction for any taxable year of amounts in excess of
the
amounts determined to be appropriate under the
circumstances.".
(c) Principal Place of Business Applies to Any Trade or Business.
-Subparagraph (A) of section 280 A(c)(1) (relating to certain business
use) is amended to read as follows:
"(A) the principal place of business for any trade or business
of the taxpayer.".
(d) Repair and Maintenance of Dwelling Unit.-The last sentence of
paragraph (2) of section 280 A(d) (relating to personal use of
residence) is amended by inserting ", except that if the taxpayer is
engaged in repair and maintenance on a substantially full time basis for
any day, such authority shall not allow the Secretary to treat a
dwelling unit as being used for personal use by the taxpayer on such day
merely because other individuals who are on the premises on such day are
not so engaged" after "paragraph".
(e) Effective Date.-The amendments made by this section // 26 USC 280
A // shall apply to taxable years beginning after December 31, 1975,
except that in the case of taxable years beginning after December 31,
1975, and before January 1, 1980, the amendment made by this section
shall apply only to taxable years for which, on the date of the
enactment of this Act, the making of a refund, or the assessment of a
deficiency, was not barred by law or any rule of law.
Sec. 201. (a) This title // 30 USC 801 // may be cited as the "
Black Lung Benefits Amendments of 1981".
(b) Except as otherwise specifically provided, whenever in this title
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 Black Lung
Benefits Act.
Sec. 202. (a) The fourth sentence of subsection (b) of section 413
// 30 USC 923. // is amended by inserting immediately after the words "
In any case" a comma and the following: "other than that involving a
claim filed on or after the effective date of the Black Lung Benefits
Amendments of 1981,".
(b)(1) Paragraphs (2) and (4) of subsection (c) of section 411 // 30
USC 921. // are each amended by inserting a new sentence at the end of
each as follows: " The provisions of this paragraph shall not apply
with respect to claims filed on or after the effective date of the Black
Lung Benefits Amendments of 1981.".
(2) Paragraph (5) of subsection (c) of section 411 is amended by
inserting a new sentence at the end thereof as follows: "the provisions
of this paragraph shall not apply with respect to claims filed on or
after the day that is 180 days after the effective date of the Black
Lung Benefits Amendments of 1981.".
(c) The third sentence of subsection (b) of section 413 // 30 USC
923. // is amended by inserting immediately after the word "affidavits"
a comma and the following: "from persons not eligible for benefits in
such case with respect to claims filed on or after the effective date of
the Black Lung Benefits Amendments of 1981,".
(d) Section 430 // 30 USC 940. // is amended by striking the words
"and by" and inserting in lieu thereof a comma, and by inserting
immediately after the phrase "the Black Lung Benefits Reform Act of
1977" the phrase "and the Black Lung Benefits Amendments of 1981".
(e) The Secretary of Labor, // 30 USC 901 // in consultation with the
Secretary of Health and Human Services, shall undertake a study of
current medical methods for the diagnosis of pneumoconiosis, and of the
nature and extent of impairment and disability that are attributable to
the existence of both simple and complicated pneumoconiosis. The study,
together with appropriate recommendations, shall be transmitted to the
Congress no later than eighteen months after the effective date of this
title.
Sec. 203. (a)(1) Section 412(a)(2) // 30 USC 922. // is amended by
inserting immediately after the word "or" a comma and the following:
"except with respect to a claim filed under part C of this title // 30
USC 931. // on or after the effective date of the Black Lung Benefits
Amendments of 1981,".
(2) Section 412(a)(3) is amended by striking the first comma therein,
and by inserting immediately after the word "or" the second time it
appears therin a comma and the following: "except with respect to a
claim filed under part C of this title // 30 USC 931. // on or after
the effective date of the Black Lung Benefits Amendments of 1981,".
(3) Section 412(a)(5) // 30 USC 922. // is amended by striking out
the second comma therein, by striking out the phrase "of a miner" the
third time it appears therein, and by inserting immediately after the
word "or" the second time it appears therein a comma and the following:
"except with respect to a claim filed under part C of this title on or
after the effective date of the Black Lung Benefits Amendments of
1981,".
(4) Section 401(a) // 30 USC 901. // is amended by striking the
phrase "or who were totally disabled by this disease at the time of
their deaths" each time it appears.
(5) Section 411(a) // 30 USC 921. // is amended by inserting
immediately after the word "or" a comma and the following: "except with
respect to a claim filed under part C of this title on or after the
effective date of the Black Lung Benefits Amendments of 1981,".
(6) Section 422(1) // 30 USC 932. // is amended by inserting
immediately before the period at the end thereof a comma and the
following: "except with respect to a claim filed under this part on or
after the effective date of the Black Lung Benefits Amendments of
1981,".
(b) Subsection (g) of section 422 is amended by adding at the end
thereof a new sentence as follows: " In addition, the amount of
benefits payable under this section with respect to any claim filed on
or after the effective date of the Black Lung Benefits Amendments of
1981 shall be reduced, on a monthly or other appropriate basis, by the
amount by which such benefits would be reduced on account of excess
earnings of such miner under section 203 (b) through (1) of the Social
Security Act // 42 USC 403. // if the amount paid were a benefit
payable under section 202 of such Act.". // 42 USC 402. //
(c) The Secretary of Labor shall undertake a study of the benefits
provided by the Black Lung Benefits Act, // 30 USC 901 // other benefits
received by individuals who receive benefits under that Act, and
benefits which would be received were State workers' compensation
programs applicable in lieu of benefits under that Act. The study,
together with appropriate recommendations, shall be transmitted to the
Congress no later than eighteen months after the effective date of this
title.
(d) Paragraph (1) of subsection (a) of section 412 // 30 USC 922. //
is amended by deleting the phrase "50 per centum of the minimum monthly
payment to which a Federal employee in grade GS-2, // 5 USC 5332 // who
is totally disabled, is entitled at the time of payment under chapter 81
of title 5, United States Code", // 5 USC 8101 // and inserting in lieu
thereof the phrase "371/2 per centum of the monthly pay rate for Federal
employees in grade GS-2,STEP 1k".
Sec. 204. Subsection (d) of section 422 // 30 USC 932. // is
amended by adding two new sentences at the end thereof as follows: " If
payment is not made within the time required, interest shall accrue to
such amounts at the rates set forth in section 424(b)(5) of this title
for interest owed to the fund. With respect to payments withheld
pending final adjudication of liability, in the case of claims filed on
or after the effective date of the Black Lung Benefits Amendments of
1981, such interest shall commence to accumulate 30 days after the date
of the determination that such an award should be made.".
Sec. 205. (a)(1) Subsection (c) of section 422 // 30 USC 932. // is
amended by inserting "(1)" after "pneumoconiosis", and by inserting
before the period at the end thereof a semicolon and the following: "or
(2) which was the subject of a claim denied before March 1, 1978, and
which is or has been approved in accordance with the provisions of
section 435". // 30 USC 945. //
(2) Subsection (j) of section 422 is amended by striking out "or" at
the end of paragraph (1), by striking out the period at the end of
paragraph (2) and inserting in lieu thereof "; or", and by adding at
the end thereof the following:
"(3) in which there was a claim denied before March 1, 1978,
and such claim is or has been approved in accordance with the
provisions of section 435.".
(b) Section 402 // 30 USC 902. // is amended by inserting at the end
thereof the following new paragraph:
"(i) For the purposes of subsections (c) and (j) of section 422, and
for the purposes of paragraph (7) of subsection (d) of section 9501 of
the Internal Revenue Code of 1954, the term 'claim denied' means a
claim--,
"(1) denied by the Social Security Administration; or
"(2) in which (A) the claimant was notified by the Department
of Labor of an administrative or informal denial more than 1 year
prior to the date of enactment of the Black Lung Benefits Reform
Act of 1977
// 30 USC 801 //
and did not, within 1 year from the date of notification of such
denial, request a hearing, present additional evidence or indicate
an intention to present additional evidence, or (B) the claim was
denied under the law in effect prior to the date of enactment of
the Black Lung Benefits Reform Act of 1977 following a formal
hearing or administrative or judicial review proceeding.".
Sec. 206. (a) Except as otherwise provided, the provisions of this
title // 30 USC 901 // shall take effect on January 1, 1982.
(b) If any provision of this title, or the application of such
provision to any person or circumstance, shall be held invalid, the
remainder of this title, or the application of such provision to persons
or circumstances other than those to which it is held invalid, shall not
be affected thereby.
Approved December 29, 1981.
LEGISLATIVE HISTORY- H.R. 5159:
HOUSE REPORT: No. 97 - 406, Pt. 1 (Comm. on Ways and Means).
CONGRESSIONAL RECORD, Vol. 127 (1981):
Dec. 15, considered and passed House.
Dec. 16, considered and passed Senate, amended; House
concurred in Senate amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 17, No. 53 (1981):
Dec. 29, Presidential statement.
PUBLIC LAW 97-118, 95 STAT. 1634
dam 26, Mississippi
River, Alton, Illinois, as " Melvin Price Lock and
Dam".
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the lock and dam,
authorized by section 102 of Public Law 95 - 502, // 92 Stat. 1695. //
to replace locks and dam 26, Mississippi River, Alton, Illinois, shall
hereafter be known as Melvin Price Lock and Dam. Any law, regulation,
map, document, or record of the United States in which such lock and dam
is referred to shall be held and considered to refer to such lock and
dam as " Melvin Price Lock and Dam".
Sec. 2. This Act shall become effective upon the date of termination
of service in the United States Congress of Melvin Price.
Approved December 29, 1981.
LEGISLATIVE HISTORY-H.R. 4506:
HOUSE REPORT No. 97 - 322 (Comm. on Public Works and Transportation).
CONGRESSIONAL RECORD, Vol. 127 (1981):
Nov. 16, considered and passed House.
Dec. 16, considered and passed Senate.
PUBLIC LAW 97-117, 95 STAT. 1623, MUNICIPAL WASTEWATER TREATMENT
CONSTRUCTION GRANT AMENDMENTS OF 1981
authorize funds for fiscal year
1982, 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 // 33 USC 1251 // may be cited as the "
Municipal Wastewater Treatment Construction Grant Amendments of 1981".
Sec. 2. (a) Section 201(g)(1) of the Federal Water Pollution Control
Act // 33 USC 1281. // is amended by adding at the end thereof the
following: " On and after October 1, 1984, grants under this title
shall be made only for projects for secondary treatment or more
stringent treatment, or any cost effective alternative thereto, new
interceptors and appurtenances, and infiltration-in-flow correction.
Notwithstanding the preceding sentence, the Administrator may make
grants on and after October 1, 1984, for any project within the
definition set forth in section 212(2) of this Act, // 33 USC 1292. //
other than for a project referred to in the preceding sentence, except
that not more than 20 per centum (as determined by the Governor of the
State) of the amount allotted to a State under section 205 of this Act
// 33 USC 1285. // for any fiscal year shall be obligated in such State
under authority of this sentence.".
(b) Section 211(c) of the Federal Water Pollution Control Act // 33
USC 1291. // is amended by striking out " September 30, 1982," and
inserting in lieu thereof " September 30, 1985,".
Sec. 3. (a) Section 201 of the Federal Water Pollution Control Act
// 33 USC 1281 // is amended by adding a new subsection (1):
"(1)(1) After the date of enactment of this subsection, Federal
grants shall not be made for the purpose of providing assistance solely
for facility plans, or plans, specifications, and estimates for any
proposed project for the construction of treatment works. In the event
that the proposed project receives a grant under this section for
construction, the Administrator shall make an allowance in such grant
for non-Federal Federal funds expended during the facility planning and
advanced engineering and design phase at the prevailing Federal share
under section 202(a) of this Act, // 33 USC 1282. // based on the
percentage of total project costs which the Administrator determines is
the general experience for such projects.
"(2)(A) Each State shall use a portion of the funds allotted to such
State each fiscal year, but not to exceed 10 per centum of such funds,
to advance to potential grant applicants under this title the costs of
facility planning or the preparation of plans, specifications, and
estimates.
"(B) Such an advance shall be limited to the allowance for such costs
which the Administrator establishes under paragraph (1) of this
subsection, and shall be provided only to a potential grant applicant
which is a small community and which in the judgment of the State would
otherwise be unable to prepare a request for a grant for construction
costs under this section.
"(C) In the event a grant for construction costs is made under this
section for a project for which an advance has been made under this
paragraph, the Administrator shall reduce the amount of such grant by
the allowance established under paragraph (1) of this subsection. In the
event no such grant is made, the State is authorized to seek repayment
of such advance on such terms and conditions as it may determine.".
Sec. 4. Section 201 of the Federal Water Pollution Control Act // 33
USC 1281. // is amended by adding the following new subsection:
"(m)(1) Notwithstanding any other provisions of this title, the
Administrator is authorized to make a grant from any funds otherwise
allotted to the State of California under section 205 of this Act // 33
USC 1285. // to the project (and in the amount) specified in Order WQG
81 - 1 of the California State Water Resources Control Board.
"(2) Notwithstanding any other provision of this Act, the
Administrator shall make a grant from any funds otherwise allotted to
the State of California to the city of Eureka, California, in connection
with project numbered C-06 - 2772, for the purchase of one hundred and
thirty-nine acres of property as environmental mitigation for siting of
the proposed treatment plant.
"(3) Notwithstanding any other provision of this Act, the
Administrator shall make a grant from any funds otherwise allotted to
the State of California to the city of San Diego, California, in
connection with that city's aquaculture sewage process (total resources
recovery system) as an innovative and alternative waste treatment
process.".
Sec. 5. Section 201 of the Federal Water Pollution Control Act // 33
USC 1281. // is amended by adding at the end thereof the following new
subsection:
"(n)(1) On and after October 1, 1984, upon the request of the
Governor of an affected State, the Administrator is authorized to use
funds available to such State under section 205 // 33 USC 1285. // to
address water quality problems due to the impacts of discharges from
combined storm water and sanitary sewer overflows, which are not
otherwise eligible under this subsection, where correction of such
discharges is a major priority for such State.
"(2) Beginning fiscal year 1983, the Administrator shall have
available $200,000,000 per fiscal year in addition to those funds
authorized in section 207 of this Act to be utilized to address water
quality problems of marine bays and estuaries subject to lower levels of
water quality due to the impacts of discharges from combined storm water
and sanitary sewer overflows from adjacent urban complexes, not
otherwise eligible under this subsection. Such sums may be used as
deemed appropriate by the Administrator as provided in paragraphs (1)
and (2) of this subsection, upon the request of and demonstration of
water quality benefits by the Governor of an affected State.".
Sec. 6. Section 201 of the Federal Water Pollution Control Act // 33
USC 1281. // is amended by adding at the end thereof the following:
"(o) The Administrator shall encourage and assist applicants for
grant assistance under this title to develop and file with the
Administrator a capital financing plan which, at a minimum--,
"(1) projects the future requirements for waste treatment
services within the applicant's jurisdiction for a period of no
less than ten years;
"(2) projects the nature, extent, timing, and costs of future
expansion and reconstruction of treatment works which will be
necessary to satisfy the applicant's projected future requirements
for waste treatment services; and
"(3) sets forth with specificity the manner in which the
applicant intends to finance such future expansion and
reconstruction.".
Sec. 7. The first sentence of section 202(a)(1) of the Federal Water
Pollution Control Act // 33 USC 1282. // is amended by inserting after
"1971," the following: "and ending before October 1, 1984,". The first
sentence of such section is further amended by inserting after "(as
approved by the Administrator)," the following: "and for any fiscal
year beginning on or after October 1, 1984, shall be 55 per centum of
the cost of construction thereof (as approved by the Administrator),".
Such section 202(a)(1) is further amended by adding at the end thereof
the following new sentence: " Notwithstanding the first sentence of
this paragraph, in any case where a primary, secondary, or advanced
waste treatment facility or its related interceptors or a project for
infiltration-in-flow correction has received a grant for erection,
building, acquisition, alteration, remodeling, improvement, extension,
or correction before October 1, 1984, all segments and phases of such
facility, interceptors, and project for infiltration-in-flow correction
shall be eligible for grants at 75 per centum of the cost of
construction thereof.".
Sec. 8. (a) Section 202(a)(2) of the Federal Water Pollution Control
Act is amended by inserting after the first sentence the following: "
The amount of any grant made after September 30, 1981, for any eligible
treatment works or unit processes and techniques thereof utilizing
innovative or alternative wastewater treatment processes and techniques
referred to in section 201(g)(5) // 33 USC 1281. // shall be a
percentage of the cost of construction thereof equal to 20 per centum
greater than the percentage in effect under paragraph (1) of this
subsection for such works or unit processes and techniques, but in no
event greater than 85 per centum of the cost of construction thereof.".
(b) Section 202(a)(4) of the Federal Water Pollution Control Act //
33 USC 1282. // is amended by striking out "in the fiscal years ending
September 30, 1979, September 30, 1980, and September 30, 1981" and by
striking out the last sentence.
(c) Section 205(i) of the Federal Water Pollution Control Act // 33
USC 1285. // is amended by striking out "and September 30, 1981," in
the first sentence and inserting in lieu thereof " September 30, 1981,
September 30, 1982, September 30, 1983, September 30, 1984, and
September 30, 1985," and by striking out "from 75 per centum to 85 per
centum", and by adding at the end thereof the following: " Including
the expenditures authorized by the first sentence of this subsection, a
total (as determined by the Governor of the State) of not less than 4
per centum nor more than 7 per centum of the funds allotted to such
State for any fiscal year beginning after September 30, 1981, under
subsection (c) of this section shall be expended only for increasing the
Federal share of grants for construction of treatment works pursuant to
section 202(a)(2) of this Act.".
(d) Section 212(1) of the Federal Water Pollution Control Act // 33
USC 1292. // is amended by inserting after "procedures," the following:
"field testing of innovative or alternative waste water treatment
processes and techniques meeting guidelines promulgated under section
304(d)(3) of this Act,". // 33 USC 1314. //
Sec. 9. Section 203(a) of the Federal Water Pollution Control Act //
94 Stat. 2362. 33 USC 1283. // is amended by striking "$4,000,000" and
inserting in lieu thereof "$8,000,000". The last sentence of such
section 203(a) is hereby repealed.
Sec. 10. (a) Section 204(a)(5) of the Federal Water Pollution
Control Act, // 33 USC 1284. // is amended by striking out the
semicolon at the end thereof and inserting in lieu thereof a period and
the following: " Beginning October 1, 1984, no grant shall be made
under this title to construct that portion of any treatment works
providing reserve capacity in excess of existing needs (including
existing needs of residential, commercial, industrial, and other users)
on the date of approval of a grant for the erection, building,
acquisition, alteration, remodeling, improvement, or extension of a
project for secondary treatment or more stringent treatment or new
interceptors and appurtenances, except that in no event shall reserve
capacity of a facility and its related interceptors to which this
subsection applies be in excess of existing needs on October 1, 1990.
In any case in which an applicant proposes to provide reserve capacity
greater than that eligible for Federal financial assistance under this
title, the incremental costs of the additional reserve capacity shall be
paid by the applicant;".
(b) Section 204 of the Federal Water Pollution Control Act is amended
by adding at the end thereof the following new subsection:
"(c) The next to the last sentence of paragraph (5) of subsection (a)
of this section shall not apply in any case where a primary, secondary,
or advanced waste treatment facility or its related interceptors has
received a grant for erection, building, acquisition, alteration,
remodeling, improvement, or extension before October 1, 1984, and all
segments and phases of such facility and interceptors shall be funded
based on a 20-year reserve capacity in the case of such facility and a
20-year reserve capacity in the case of such interceptors, except that,
if a grant for such interceptors has been approved prior to the date of
enactment of the Municipal Wastewater Treatment Construction Grant
Amendments of 1981, such interceptors shall be funded based on the
approved reserve capacity not to exceed 40 years.".
(c) Section 201(k) of the Federal Water Pollution Control Act // 94
Stat. 2361. // is amended by adding at the end thereof the following
new sentence: " This subsection shall not be in effect after November
15, 1981.".
Sec. 11. Section 204(a)(6) of the Federal Water Pollution Control
Act // 33 USC 1284. // is amended by striking out ", or at least two
brand names or trade names of comparable quality or utility are listed
and are followed by the words 'or equal'" and by adding at the end
thereof the following: " When in the judgment of the grantee, it is
impractical or uneconomical to make a clear and accurate description of
the technical requirements, a 'brand name or equal' description may be
used as a means to define the performance or other salient requirements
of a procurement, and in doing so the grantee need not establish the
existence of any source other than the brand or source so named.".
Sec. 12. Section 204 of the Federal Water Pollution Control Act is
amended by adding the following new subsection:
"(d)(1) A grant for the construction of treatment works under this
title shall provide that the engineer or engineering firm supervising
construction or providing architect engineering services during
construction shall continue its relationship to the grant applicant for
a period of one year after the completion of construction and initial
operation of such treatment works. During such period such engineer or
engineering firm shall supervise operation of the treatment works, train
operating personnel, and prepare curricula and training material for
operating personnel. Costs associated with the implementation of this
paragraph shall be eligible for Federal assistance in accordance with
this title.
"(2) On the date one year after the completion of construction and
initial operation of such treatment works, // 33 USC 1342. // the owner
and operator of such treatment works shall certify to the Administrator
whether or not such treatment works meet the design specifications and
effluent limitations contained in the grant agreement and permit
pursuant to section 402 of the Act for such works. If the owner and
operator of such treatment works cannot certify that such treatment
works meet such design specifications and effluent limitations, any
failure to meet such design specifications and effluent limitations
shall be corrected in a timely manner, to allow such affirmative
certification, at other than Federal expense.
"(3) Nothing in this section shall be construed to prohibit a grantee
under this title from requiring more assurances, guarantees, or
indemnity or other contractual requirements from any party to a contract
pertaining to a project assisted under this title, than those provided
under this subsection.".
Sec. 13. (a) Section 205(c) of the Federal Water Pollution Control
Act // 33 USC 1285. // is amended by inserting "(1)" after "(c)" and by
adding at the end thereof the following new paragraph:
"(2) Sums authorized to be appropriated pursuant to section 207 for
the fiscal years 1982, 1983, 1984, and 1985 shall be allotted for each
such year by the Administrator not later than the tenth day which begins
after the date of enactment of the Municipal Wastewater Treatment
Construction Grant Amendments of 1981. Notwithstanding any other
provision of law, sums authorized for the fiscal year ending September
30, 1982, shall be allotted in accordance with table 3 of Committee
Print Numbered 95 - 30 of the Committee on Public Works and
Transportation of the House of Representatives. Sums authorized for the
fiscal years ending September 30, 1983, September 30, 1984, and
September 30, 1985, shall be allotted in accordance with the following
table:
TABLE OMITTED.
(b) Section 205(e) of the Federal Water Pollution Control Act // 33
USC 1285. // is amended by striking out "and 1981" each of the two
places it appears and inserting in lieu thereof at each such place
"1981, 1982, 1983, 1984, and 1985".
Sec. 14. (a) The first sentence of section 205(g)(1) of the Federal
Water Pollution Control Act // 33 USC 1285. // is amended by inserting
immediately after " October 1, 1977," the following: "except in the
case of any fiscal year beginning on or after October 1, 1981, and
ending before October 1, 1985, in which case the percentage authorized
to be reserved shall not exceed 4 per centum.".
(b) Section 205(g)(1) of the Federal Water Pollution Control Act is
amended by adding at the end thereof the following new sentence: " Sums
authorized to be reserved by this paragraph shall be in addition to and
not in lieu of any other funds which may be authorized to carry out this
subsection.".
Sec. 15. Section 205 of the Federal Water Pollution Control Act is
amended by adding at the end thereof the following new subsection:
"(j)(1) The Administrator shall reserve each fiscal year not to
exceed 1 per centum of the sums allotted and available for obligation to
each State under this section for each fiscal year beginning on or after
October 1, 1981, or $100,000, whichever amount is the greater.
"(2) Such sums shall be used by the Administrator to make grants to
the States to carry out water quality management planning, including,
but not limited to--,
"(A) identifying most cost effective and locally acceptable
facility and non-point measures to meet and maintain water quality
standards;
"(B) developing an implementation plan to obtain State and
local financial and regulatory commitments to implement measures
developed under subparagraph (A);
"(C) determining the nature, extent, and causes of water
quality problems in various areas of the State and interstate
region, and reporting on these annually; and
"(D) determining those publicly owned treatment works which
should be constructed with assistance under this title, in which
areas and in what sequence, taking into account the relative
degree of effluent reduction attained, the relative contributions
to water quality of other point or nonpoint sources, and the
consideration of alternatives to such construction, and
implementing section 303(e) of this Act.
// 33 USC 1313. //
"(3) In carrying out planning with grants made under paragraph (2) of
this subsection, a State shall develop jointly with local, regional, and
interstate entities, a plan for carrying out the program and give
funding priority to such entities and designated or undesignated public
comprehensive planning organizations to carry out the purposes of this
subsection.
"(4) All activities undertaken under this subsection shall be in
coordination with other related provisions of this Act.".
Sec. 16. Section 205 of the Federal Water Pollution Control Act //
33 USC 1285. // is amended by adding at the end thereof the following
new subsection:
"(k) The Administrator shall allot to the State of New York from sums
authorized to be appropriated for the fiscal year ending September 30,
1982, an amount necessary to pay the entire cost of conveying sewage
from the Convention Center of the city of New York to the Newtown sewage
treatment plant, Brooklyn-Queens area, New York. The amount allotted
under this subsection shall be in addition to and not in lieu of any
other amounts authorized to be allotted to such State under this Act.".
Sec. 17. Section 207 of the Federal Water Pollution Control Act //
33 USC 1287. // is amended by striking out all the follows
"$2,548,837,000;" and inserting in lieu thereof "and for the fiscal
years ending September 30, 1982, September 30, 1983, September 30, 1984,
and September 30, 1985, not to exceed $2,400,000,000 per fiscal year.".
Sec. 18. Section 216 of the Federal Water Pollution Control Act //
33 USC 1296. // is amended by adding at the end thereof the following
new sentence: " It is the policy of Congress that projects for
wastewater treatment and management undertaken with Federal financial
assistance under this Act by any State, municipality, or intermunicipal
or interstate agency shall be projects which, in the estimation of the
State, are designed to achieve optimum water quality management,
consistent with the public health and water quality goals and
requirements of the Act.".
Sec. 19. Title II of the Federal Water Pollution Control Act is
amended by adding at the end thereof the following new section:
" Sec. 218. (a) It is the policy of Congress that a project for
waste treatment and management undertaken with Federal financial
assistance under this Act // 33 USC 1298. // by any State,
municipality, or intermunicipal or interstate agency shall be considered
as an overall waste treatment system for waste treatment and management,
and shall be that system which constitutes the most economical and
cost-effective combination of devices and systems used in the storage,
treatment, recycling, and reclamation of municipal sewage or industrial
wastes of a liquid nature to implement section 201 of this Act, // 33
USC 1281. // or necessary to recycle or reuse water at the most
economical cost over the estimated life of the works, including
intercepting sewers, outfall sewers, sewage collection systems, pumping
power, and other equipment, and their appurtenances; extension,
improvements, remodeling, additions, and alterations thereof; elements
essential to provide a reliable recycled supply such as standby
treatment units and clear well facilities; and any works, including
site acquisition of the land that will be an integral part of the
treatment process (including land use for the storage of treated
wastewater in land treatment systems prior to land application) or which
is used for ultimate disposal of residues resulting from such treatment;
water efficiency measures and devices; and any other method or system
for preventing, abating, reducing, storing, treating, separating, or
disposing of municipal waste, including storm water runoff, or
industrial waste, including waste in combined storm water and sanitary
sewer systems; to meet the requirements of this Act.
"(b) In accordance with the policy set forth in subsection (a) of
this section, before the Administrator approves any grant to any State,
municipality, or intermunicipal or interstate agency for the erection,
building, acquisition, alteration, remodeling, improvement, or extension
of any treatment works the Administrator shall determine that the
facilities plan of which such treatment works are a part constitutes the
most economical and cost-effective combination of treatment works over
the life of the project to meet the requirements of this Act, including,
but not limited to, consideration of construction costs, operation,
maintenance, and replacement costs.
"(c) In furtherance of the policy set forth in subsection (a) of this
section, the Administrator shall require value engineering review in
connection with any treatment works, prior to approval of any grant for
the erection, building, acquisition, alteration, remodeling,
improvement, or extension of such treatment works, in any case in which
the cost of such erection, building, acquisition, alteration,
remodeling, improvement, or extension is projected to be in excess of
$10,000,000. For purposes of this subsection, the term 'value
engineering review' means a specialized cost control technique which
uses a systematic and creative approach to identify and to focus on
unnecessarily high cost in a project in order to arrive at a cost saving
without sacrificing the reliability or efficiency of the project.
"(d) This section applies to projects for waste treatment and
management for which no treatment works including a facilities plan for
such project have received Federal financial assistance for the
preparation of construction plans and specifications under this Act
before the date of enactment of this section.".
Sec. 20. Title II of the Federal Water Pollution Control Act is
amended by adding at the end thereof the following new section:
" Sec. 219. // 33 USC 1299. // Whenever the Governor of a State
which has been delegated sufficient authority to administer the
construction grant program under this title in that State certifies to
the Administrator that a grant application meets applicable requirements
of Federal and State law for assistance under this title, the
Administrator shall approve or disapprove such application within 45
days of the date of receipt of such application. If the Administrator
does not approve or disapprove such application within 45 days of
receipt, the application shall be deemed approved. If the Administrator
disapproves such application the Administrator shall state in writing
the reasons for such disapproval. Any grant approved or deemed approved
under this section shall be subject to amounts provided in appropriation
Acts.".
Sec. 21. (a) Section 301(i) of the Federal Water Pollution Control
Act // 33 USC 1311. // is amended by striking out " July 1, 1983," each
place it appears and inserting in lieu thereof " July 1, 1988,". The
amendment made by this subsection shall not be interpreted or applied to
extend the date for compliance with section 301(b)(1) (B) or (C) of the
Federal Water Pollution Control Act beyond schedules for compliance in
effect as of the date of enactment of this Act, except in cases where
reductions in the amount of financial assistance under this Act or
changed conditions affecting the rate of construction beyond the control
of the owner or operator will make it impossible to complete
construction by July 1, 1983.
(b) Section 301(b)(2)(B) of the Federal Water Pollution Control Act
is repealed.
Sec. 22. (a) Section 301(h) of the Federal Water Pollution Control
Act is amended in the portion preceding paragraph (1) by striking out
"in an existing discharge".
(b) Such section 301(h) is amended by striking out the semicolon at
the end of paragraph (7) and inserting in lieu thereof a period and by
striking out paragraph (8).
(c) Such section 301(h) is further amended by adding at the end
thereof the following: " A municipality which applies secondary
treatment shall be eligible to receive a permit pursuant to this
subsection which modifies the requirements of subsection (b)(1)(B) of
this section with respect to the discharge of any pollutant from any
treatment works owned by such municipality into marine waters. No
permit issued under this subsection shall authorize the discharge of
sewage sludge into marine waters.".
(d) Section 301(j)(1) of the Federal Water Pollution Control Act is
amended by striking out clause (A) and inserting in lieu thereof the
following new clause:
"(A) subsection (b)(1)(B) under subsection (h) of this section
shall be filed not later that the 365th day which begins after the
date of enactment of the Municipal Wastewater Treatment
Construction Grant Amendments of 1981;".
(e) The amendments made by this section // 33 USC 1311 // shall take
effect on the date of enactment of this Act, except that no applicant,
other than the city of Avalon, California, who applies after the date of
enactment of this Act for a permit pursuant to subsection (h) of section
301 of the Federal Water Pollution Control Act which modifies the
requirements of subsection (b)(1)(B) of section 301 of such Actj shall
receive such permit during the one-year period which begins on the date
of enactment of this Act.
Sec. 23. Section 304(d) of the Federal Water Pollution Control Act
// 33 USC 1314. // is amended by adding the following new paragraph:
"(4) For the purposes of this subsection, such biological treatment
facilities as oxidation ponds, lagoons, and ditches and trickling
filters shall be deemed the equivalent of secondary treatment. The
Administrator shall provide guidance under paragraph (1) of this
subsection on design criteria for such facilities, taking into account
pollutant removal efficiencies and, consistent with the objective of the
Act, assuring that water quality will not be adversely affected by
deeming such facilities as the equivalent of secondary treatment.".
Sec. 24. // 33 USC 1313a. // The review, revision, and adoption or
promulgation of revised or new water quality standards pursuant to
section 303(c) of the Federal Water Pollution Control Act // 33 Usc
1313. // shall be completed by the date three years after the enactment
of the Municipal Wastewater Treatment Construction Grant Amendments of
1981. No grant shall be made under title II of the Federal Water
Pollution Control Act after such date until water quality standards are
reviewed and revised pursuant to section 303(c), except where the State
has in good faith submitted such revised water quality standards and the
Administrator has not acted to approve or disapprove such submission
within one hundred and twenty days of receipt.
Sec. 25. // 33 USC 1375 // The Administrator of the Environmental
Protection Agency shall submit to the Congress, not later than December
31, 1982, a report containing the detailed estimates, comprehensive
study, and comprehensive analysis required by section 516(b) of the
Federal Water Pollution Control Act, // 33 USC 1375. // including an
estimate of the total cost and the amount of Federal funds necessary for
the construction of needed publicly owned treatment facilities. Such
report shall be prepared in the same manner as is required by such
section and shall reflect the changes made in the Federal water
pollution control program by this Act and the amendments made by this
Act. In preparing this report, the Administrator shall give emphasis to
the effects of the amendment made by section 2(a) of this Act in
addressing water quality needs adequately and appropriately.
Sec. 26. It is the sense of Congress that judicial notice should be
taken of this Act and of the amendments to the Federal Water Pollution
Control Act made by this Act, including reduced authorization levels
under section 207 of such Act, and that the parties to Federal consent
decrees establishing a deadline, schedule, or timetable for the
construction of publicly owned treatment works are encouraged to
reexamine the provisions of such consent decrees and, where required by
equity, to make appropriate adjustments in such provisions.
Sec. 27. For purposes of the Federal Water Pollution Control Act,
the project for publicly owned treatment works for Bath Township,
Michigan, shall be eligible for payments from sums allocated to the
State of Michigan under such Act in an amount equal to the amount such
works would be eligible for under section 202 of such Act // 33 USC
1282. // if such works were to be constructed after the date of
enactment of this Act, at the original construction cost.
Approved December 29, 1981.
LEGISLATIVE HISTORY-H.R. 4503 (S. 1716):
HOUSE REPORTS: No. 97 - 270 (Comm. on Public Works and
Transportation) and No. 97 - 408 (Comm. of Conference).
SENATE REPORT No. 97 - 204 accompanying S. 1716 (Comm. on Environment
and Public Works).
CONGRESSIONAL RECORD, Vol. 127 (1981):
Oct. 27, considered and passed House; S. 1716 considered and
passed Senate.
Oct. 29, considered and passed Senate, amended, in lieu of S.
1716.
Dec. 6, House and Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 17, No. 53 (1981):
Dec. 29, Presidential statement.
PUBLIC LAW 97-116, 95 STAT. 1611, IMMIGRATION AND NATIONALITY ACT
AMENDMENTS OF 1981
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) this Act // 8
USC 1101 // may be cited as the " Immigration and Nationality Act
Amendments of 1981".
(b) Except as specifically provided in this Act, whenever in this Act
an amendement or repeal is expressed as an amendment to, or repeal of, a
provision, the reference shall be deemed to be made to the Immigration
and Nationality Act.
Sec. 2. (a) Subsection (a)(15) of section 101 (8 U.S.C. 1101) is
amended--,
(1) by striking out "institution of learning or other
recognized place of study" in subparagraph (F) and inserting in
lieu thereof "college, university, seminary, conservatory,
academic high school, elementary school, or othere academic
institution or in a language training program"; and
(2) by adding after subparagraph (L) the following new
subparagraph:
"(M)(i) an alien having a residence in a foreign country which
he has no intention of abandoning who seeks to enter the United
States temporarily and solely for the purpose of pursuing a full
course of study at an established vocational or other recognized
nonacademic institution (other than in a language training
program) in the United States particularly designated by him and
approved by the Attorney General, after consultation with the
Secretary of Education, which institution shall have agreed to
report to the Attorney General the termination of attendance of
each nonimmigrant nonacademic student and if any such institution
fails to make reports promptly the approval shall be withdrawn,
and (ii) the alien spouse and minor children of any such alien if
accompanying him or following to join him.".
(b) Subsection (b) of such section is amended by striking out
"fourteen" in subparagraphs (E) and (F) and inserting in lieu thereof
"sixteen".
(c) Subsection (f) of such section is amended--,
(1) by striking out paragraph (2); and
(2) by striking out "paragraphs (9), (10), and (23) of section
212(a)" in paragraph (3) and inserting in lieu thereof "paragraphs
(9) and (10) of section 212(a) and paragraph (23) of such section
(except as such paragraph relates to a single offense of simple
possession of 30 grams or less of marihuana)".
Sec. 3. Section 204 (8 U.S.C. 1154) is amended by striking out
subsection (d) and by redesignating subsection (e) as subsection (d) and
the subsection (f), which was renumbered by section 3 of Public Law 95 -
417, // 92 Stat. 917. // as subsection (e).
Sec. 4. Section 212 (8 U.S.C. 1182) is amended--,
(1) by inserting "and who seek admission within five years of
the date of such deportation or removal," in subsection (a)(17)
after "section 242(b),";
(2) by striking out the second sentence of paragraph (6) of
subsection (d); and
(3) by striking out "paragraphs (9), (10), or (12) of this
section" in subsection (h) and inserting in lieu thereof
"paragraphs (9), (10), or (12) of subsection (a) or paragraph (23)
of such subsection as such pragraph relates to a single offense of
simple possession of 30 grams or less of marihuana".
Sec. 5. (A)(1) Section 212 (8 U.S.C. 1182) is amended by striking
out the semicolon at the end of paragraph (32) of subsection (a) and
inserting in ieu thereof a period and the following: " For the purposes
of this paragraph, an alien who is a graduate of a medical school shall
be considered to have passed parts I and II of the National Board of
Medical Examiners examination if the alien was fully and permanently
licensed to practice medicine in a State on January 9, 1978, and was
practicing medicine in a State on that date;".
(2) Subsection (j)(1)(B) of such section is amended by striking out
the semicolon at the end thereof and inserting in lieu thereof a period
and the following: " For the purposes of this subparagraph, an alien
who is a graduate of medical school shall be considered to have passed
parts I and II of the National Board of Medical Examiners examination if
the alien was fully and permanently licensed to practice medicine in a
State on January 9, 1978, and was practicing medicine in a State on that
date.".
(3) Section 602 of the Health Professions Educational Assistance Act
of 1976 (Public Law 94 - 484), // 8 USC 1182 // added by section 307(
q)(3) of Public Law 95 - 83, // 8 USC 1101, 1101 // is amended by
striking out subsections (a) and (b).
(b) Subsection (j) of section 212 // 8 USC 1182. // is amended--,
(1) by inserting "as follows" after "education or training are"
in paragraph (1) in the matter before subparagraph (A);
(2) by striking out "(including any extension of the duration
thereof under subparagraph (D))" in paragraph (1)(C);
(3) by striking out " Commissioner of Education" and "
Secretary of Health, Education, and Welfare" each place it appears
and inserting in lieu thereof " Secretary of Education" and "
Secretary of Health and Human Services", respectively;
(4) by striking out the semicolon at the end of subparagraph
(A) and "; and" at the end of subparagraph (C) and inserting in
lieu thereof a period in each case;
(5) by amending subparagraph (D) of paragraph (1) to read as
follows:
"(D) The duration of the alien's participation in the program
of graduate medical education or training for which the alien is
coming to the United States is limited to the time typically
required to complete such program, as determined by the Director
of the International Communication Agency at the time of the
alien's entry into the United States, based criteria which are
established in coordination with the secretary of Health and Human
Services and which take into consideration the published
requirements of the medical specialty board which administers such
education or training program; except that--,
unless
the alien has demonstrated to the satisfaction of the
Director
that the country to which the alien will return at the
end of
such specialty education or training has an exceptional
need
for an individual trained in such specialty, and
after
the date the alien enters the United States as an
exchange
visitor or acquires exchange visitor status, change the
alien's
designated program of graduate medical education or
training
if the Director approves the change and if a commitment
and written assurance with respect to the alien's new
progam
have been provided in accordance with subparagraph
(C).";
(6) by inserting after subparagraph (D) the following new
subparagraph:
"(E) The alien furnishes the Attorney General each year with an
affidavit (in such form as the Attorney General shall prescribe)
that attests that the alien (i) is in good standing in the program
of graduate medical education or training in which the alien is
participating, and (ii) will return to the country of his
nationality or last residence upon completion of the education or
training for which he came to the United States.";
(7)(A) by striking out "(ii)" in paragraph (1)(B) and inserting
in lieu thereof "(ii)(I)";
(B) by inserting, in paragraph (1)(B), "(II)" before "has
competency", "(III)" before "will be able to adapt", and "(IV)"
before "has adequate prior education";
(C) by striking out " December 31, 1981" in paragraph (2)(A)
and inserting in lieu thereof " December 31, 1983";
(D) by striking out "and (B) of paragraph (1)" in paragraph
(2)(A) and inserting in lieu thereof "and (B)(ii)(I) of paragraph
(1)";
(E) by inserting after "if" in paragraph (2)(A) the following:
"(i) the Secretary of Health and Human Services determines, on a
case-by-case basis, that";
(F) by striking out the period at the end of paragraph (2)(A)
and inserting in lieu thereof the following:
", and (ii) the program has a comprehensive plan to reduce reliance on
alien physicians, which plan the Secretary of Health and Human Services
finds, in accordance with criteria published by the Secretary, to be
satisfactory and to include the following:
"(I) A detailed discussion of specific problems that the
program anticipates without such waiver and of the alternative
resources and methods (including use of physician extenders and
other paraprofessionals) that have been considered and have been
and will be applied to reduce such disruption in the delivery of
health services.
"(II) A detailed description of those changes of the program
(including improvement of educational and medical services
training) which have been considered and which have been or will
be applied which would make the program more attractive to
graduates of medical schools who are citizens of the United
States.
"(III) A detailed description of the recruiting efforts which
have been and will be undertaken to attract graduates of medical
schools who are citizens of the United States.
"(IV) A detailed description and analysis of how the program,
on a year-by-year basis, has phased down and will phase down its
dependence upon aliens who are graduates of foreign medical
schools so that the program will not be dependent upon the
admission to the program of any additional such aliens after
December 31, 1983."; and
(G) by inserting at the end of paragraph (2)(B) the following:
" The Secretary of Health and Human Services, in coordination with the
Attorney General and the Director of the International Communication
Agency, shall (i) monitor the issuance of waivers under subparagraph (A)
and the needs of the communities (with respect to which such waivers are
issued) to assure that quality medical care is provided, and (ii) review
each program with such a waiver to assure that the plan described in
subparagraph (A)(ii) is being carried out and that prticipants in such
program are being provided appropriate supervision in their medical
education and training.
"(C) The Secretary of Health and Human Services, in coordination with
the Attorney General and the Director of the International Communication
Agency, shall report to the Congress at the beginning of fiscal years
1982 and 1983 on the distribution (by geography, nationality, and
medical specialty or field of practice) of foreign medical graduates in
the United States who have received a waiver under subparagraph (A),
including an analysis of the dependence of the various communities on
aliens who are in medical education or training programs in the various
medical specialties."; and
(8) by adding at the end the following new paragraph:
"(3) The Director of the International Communication Agency annually
shall transmit to the Congress a report on aliens who have submitted
affidavits described in paragraph (1)(E), and shall include in such
report the name and address of each such alien, the medical education or
training program in which such alien is participating, and the status of
such alien in that program.".
(c) The amendments made by paragraphs (2), (5), and (6) // 8 USC 1182
// of subsection (b) shall apply to aliens entering the United States as
exchange visitors (orotherwise acquiring exchange visitor status) on or
after January 10, 1978.
(d)(1) Section 101(a)(27) (8 U.S.C. 1101(a)(27)) is amended by
striking out "or" at the end of subparagraph (F), by striking out the
period at the end of subparagraph (G) and inserting in lieu thereof ;;
or", and by adding after subparagraph (G) the following new
subparagraph:
"(H) an immigrant, and his accompanying spouse and children,
who--.
to
practice medicine in a foreign state,
medicine
in a State on January 9, 1978, and was practicing
medicine in a State on that date,
January 10, 1978, and
States in
the practice or study of medicine since the date of such
entry.".
(2) Section 245(c)(2) (8 U.S.C. 1255(c)(2)) is amended by inserting
"or a special immigrant described in section 101(a)(27)(H)" after "an
immediate relative as defined in section 201(b)".
(e) The Secretary of Health and Human Services, // 8 USC 1101 //
after consultation with the Attorney General, the Secretary of State,
and the Director of the International Communication Agency, shall
evaluate the effectiveness and value to foreign nations and to the
United States of exchange programs for the graduate medical education or
training of aliens who are graduates of foreign medical schools, and
shall report to Congress, not later than January 15, 1983, on such
evaluation and include in such report such recommendations for changes
in legislation and regulations as may be appropriate.
Sec. 6. Section 223(b) (8 U.S.C. 1203(b)) is amended by striking out
"one year from the date of issuance: Provided, That the Attorney
General may in his discretion extend the validity of the permit for a
period or periods not exceeding one year in the aggregate" and inserting
in lieu thereof "two years from the date of issuance and shall not be
renewable".
Sec. 7. (a) Subsection (a) of section 237 (8 U.S.C. 1227) is amended
to read as follows:
"(a)(1) Any alien (other than an alien crewman) arriving in the
United States who is excluded under this Act, shall be immediately
deported, in accommodations of the same class in which he arrived,
unless the Attorney General, in an individual case, in his discretion,
concludes that immediate deportation is not practicable or proper.
Deportation shall be to the country in which the alien boarded the
vessel or aircraft on which he arrived in the United States, unless the
alien boarded such vessel or aircraft in foreign territory contiguous to
the United States or in any island adjacent thereto or adjacent to the
United States and the alien is not a native, citizen, subject, or
national of, or does not have a residence in, such foreign contiguous
territory or adjacent island, in which case the deportation shall
instead be to the country in which is located the port at which the
alien embarked for such foreign contiguous territory or adjacent island.
The cost of the maintenance including detention expenses and expenses
incident to detention of any such alien while he is being detained shall
be borne by the owner or owners of the vessel or aircraft on which he
arrived, except that the cost of maintenance (including detention
expenses and expenses incident to detention while the alien is being
detained prior to the time he is offered for deportation to the
transportation line which brought him to the United States) shall not be
assessed against the owner or owners of such vessel or aircraft if (A)
the alien was in possession of a valid, unexpired immigrant visa, or (B)
the alien (other than an alien crewman) was in possession of a valid,
unexpired nonimmigrant visa or other document authorizing such alien to
apply for temporary admission to the United States or an unexpired
reentry permit issued to him, and (i) such application was made within
one hundred and twenty days of the date of issuance of the visa or other
document, or in the case of an alien in possession of a reentry permit,
within one hundred and twenty days of the date on which the alien was
last examined and admitted by the Service, or (ii) in the event the
application was made later than one hundred and twenty days of the date
of issuance of the visa or other document or such examination and
admission, if the owner or owners of such vessel or aircraft established
to the satisfaction of the Attorney General that the ground of exclusion
could not have been ascertained by the exercise of due diligence prior
to the alien's embarkation, or (C) the person claimed United States
nationality or citizenship and was in possession of an unexpired United
States passport issued to him by competent authority.
"(2) If the government of the country designated in paragraph (1)
will not accept the alien into its territory, the alien's deportation
shall be directed by the Attorney General, in his discretion and without
necessarily giving any priority or preference because of their order as
herein set forth, either to--,
"(A) the country of which the alien is a subject, citizen, or
national;
"(B) the country in which he was born;
"(C) the country in which he has a residence; or
"(D) any country which is willing to accept the alien into its
territory, if deportation to any of the foregoing countries is
impracticable, inadvisable, or impossible.".
(b) Subsection (b) of such section is amended--,
(1) by striking out "to the country whence he came" in clause
(3) and inserting in lieu thereof "to the country to which his
deportation has been directed"; and
(2) by striking out "collector of customs" each place it
appears and inserting in lieu thereof "district director of
customs".
(c) Subsection (c) of such section is amended to read as follows:
"(c) An alien shall be deported on a vessel or aircraft owned by the
same person who owns the vessel or aircraft on which the alien arrived
in the United States, unless it is impracticable to so deport the alien
within a reasonable time. The transportation expense of the alien's
deportation shall be borne by the owner or owners of the vessel or
aircraft on which the alien arrived. If the deportation is effected on
a vessel or aircraft not owned by such owner or owners, the
transportation expense of the alien's deportation may be paid from the
appropriation for the enforcement of this Act and recovered by civil
suit from any owner, agent, or consignee of the vessel or aircraft on
which the alien arrived.".
Sec. 8. Section 241(f) (8 U.S.C. 1251(f)) is amended to read as
follows:
"(f)(1)(A) The provisions of this section relating to the deportation
of aliens within the United States on the ground that they were
excludable at the time of entry as aliens who have sought to procure or
have procured visas or other documentation, or entry into the United
States, by fraud or misrepresentation, whether willful or innocent, may,
in the discretion of the Attorney General, be waived for any alien
(other than an alien described in subsection (a)(19)) who--,
"(i) is the spouse, parent, or child of a citizen of the United
States or of an alien lawfully admitted to the United States for
permanent residence; and
"(ii) was in possession of an immigrant visa or equivalent
document and was otherwise admissible to the United States at the
time of such entry except for those grounds of inadmissibility
specified under paragraphs (14), (20), and (21) of section 212(a)
// 8 USC 1182. //
which were a direct result of that fraud or misrepresentation.
"(B) A waiver of deportation for fraud or misrepresentation granted
under subparagraph (A) shall also operate to waive deportation based on
the grounds of inadmissibility at entry described under subparagraph
(A)(ii) directly resulting from such fraud or misrepresentation.
"(2) The provisions of subsection (a)(11) as relate to a single
offense of simple possession of 30 grams or less of marihuana may, in
the discretion of the Attorney General, be waived for any alien (other
than an alien described in subsection (a)(19)) who--,
(A) is the spouse or child of a citizen of the United States or
of an alien lawfully admitted for permanent residence, or
"(B) has a child who is a citizen of the United States or an
alien lawfully admitted for permanent residence,
if it is established to the satisfaction of the Attorney General that
the alien's deportation would result in extreme hardship to the United
States citizen or lawfully resident spouse, parent, or child of such
alien and that such waiver would not be contrary to the national
welfare, safety, or security of the United States.".
Sec. 9. Subsection (f) of section 244 (8 U.S.C. 1254) is amended to
read as follows:
"(f) The provisions of subsection (a) shall not apply to an alien
who--,
"(1) entered the United States as a crewman subsequent to June
30, 1964;
"(2) was admitted to the United States as a nonimmigrant
exchange alien as defined in section 101(a)(15)(J),
// 8 USC 1101. //
or has acquired the status of such a nonimmigrant exchange alien
after admission, in order to receive graduate medical education or
training, regardless of whether or not the alien is subject to or
has fulfilled the two-year foreign residence requirement of
section 212(e);
// 8 USC 1182. //
or
"(3)(A) was admitted to the United States as a nonimmigrant
exchange alien as defined in section 101(a)(15)(J) or has acquired
the status of such a nonimmigrant exchange alien after admission
other than to receive graduate medical education or training, (B)
is subject to the two-year foreign residence requirement of
section 212(e), and (C) has not fulfilled that requirement or
received a waiver thereof.".
Sec. 10. Section 248 (8 U.S.C. 1258) is amended by striking out
"except" and all that follows through the end and inserting in lieu
thereof the following: "except in the case of--,
"(1) an alien classified as a nonimmigrant under subparagraph
(C), (D), or (K) of section 101(a)(15),
"(2) an alien classified as a nonimmigrant under subparagraph
(J) of section 101(a)(15) who came to the United States or
acquired such classification in order to receive graduate medical
education or training, and
"(3) an alien (other than an alien described in paragraph (2))
classified as a nonimmigrant under subparagraph (J) of section
101(a)(15) who is subject to the two-year foreign residence
requirement of section 212(e) and has not received a waiver
thereof, unless such alien applies to have the alien's
classification changed from classification under subparagraph (J)
of section 101(a)(15) to a classification under subparagraph (A)
or (G) of such section.".
Sec. 11. Section 265 (8 U.S.C. 1305) is amended to read as follows:
" Sec. 265. (a) Each alien required to be registered under this
title who is within the United States shall notify the Attorney General
in writing of each change of address and new address within ten days
from the date of such change and furnish with such notice such
additional information as the Attorney General may require by
regulation.
"(b) The Attorney General may in his discretion, upon ten days
notice, require the natives of any one or more foreign states, or any
class or group thereof, who are within the United States and who are
required to be registered under this title, to notify the Attorney
General of their current addresses and furnish such additional
information as the Attorney General may require.
"(c) In the case of an alien for whom a parent or legal guardian is
required to apply for registration, the notice required by this section
shall be given to such parent or legal guardian.".
Sec. 12. Subsection (b) of section 274 (8 U.S.C. 1324) is amended to
read as follows:
"(b)(1) Any conveyance, including any vessel, vehicle, or aircraft,
which is used in the commission of a violation of subsection (a) shall
be subject to seizure and forfeiture, except that--,
"(A) no conveyance used by any peson as a common carrier in the
transaction of business as a common carrier shall be forfeited
under the provisions of this section unless it shall appear that
the owner or other person in charge of such conveyance was a
consenting party or privy to the illegal act; and
"(B) no conveyance shall be forfeited under the provisions of
this section by reason of any act or omission established by the
owner thereof to have been committed or omitted by any person
other than such owner while such conveyance was unlawfully in the
possession of a person other than the owner in violation of the
criminal laws of the United States or of any State.
"(2) Any conveyance subject to seizure under this section may be
seized without warrant if there is probable cause to believe the
conveyance has been used in a violation of subsection (a) and
circumstances exist where a warrant is not constitutionally required.
"(3) All provisions of law relating to the seizure, summary and
judicial forfeiture, and condemnation of property for the violation of
the customs laws; the disposition of such property or the proceeds from
the sale thereof; the remission or mitigation of such forfeitures; and
the compromise of claims and the award of compensation to informers in
respect of such forfeitures shall apply to seizures and forfeitures
incurred, or alleged to have been incurred, under the provisions of this
section, insofar as applicable and not inconsistent with the provisions
hereof, except that duties imposed on customs officers or other persons
regarding the seizure and forfeiture of conveyances under the customs
laws shall be performed with respect to seizures and forfeitures carried
out under the provisions of this section by such officers or persons
authorized for that purpose by the Attorney General.
"(4) Whenever a conveyance is forfeited under this section the
Attorney General may--,
"(A) retain the conveyance for official use;
"(B) sell the conveyance, in which case the proceeds from any
such sale shall be used to pay all proper expenses of the
proceedings for forfeiture and sale including expenses of seizure,
maintenance of custody, advertising, and court costs; or
"(C) require that the General Services Administration take
custody of the conveyance and remove it for disposition in
accordance with law.
"(5) In all suits or actions brought for the forfeiture of any
conveyance seized under this section, where the conveyance is claimed by
any person, the burden of proof shall lie upon such claimant: Provided,
That probable cause shall be first shown for the institution of such
suit or action. In determining whether probable cause exists, any of
the following shall be prima facie evidence that an alien involved in
the alleged violation was not lawfully entitled to enter, or reside
within, the United States:
"(A) Records of any judicial or administrative proceeding in
which that alien's status was an issue and in which it was
determined that the alien was not lawfully entitled to enter, or
reside within, the United States.
"(B) Official records of the Service showing that the alien was
not lawfully entitled to enter, or reside within, the United
States.
"(C) Testimony, by an immigration officer having personal
knowledge of the facts concerning that alien's status, that the
alien was not entitled to enter, or reside within, the United
States.".
Sec. 13. Section 286 (8 U.S.C. 1356) is amended--,
(1) by redesignating subsection (b) as subsection (c) and by
inserting "and subsection (b)" in that subsection after " Except
as otherwise provided in subsection (a)", and
(2) by inserting after subsection (a) the following new
subsection:
"(b) Moneys expended from appropriations for the Service for the
purchase of evidence and subsequently recovered shall be reimbursed to
the current appropriation for the Service.".
Sec. 14. Section 316(b) (8 U.S.C. 1427(b)) is amended by adding at
the end the following: " The spouse and dependent unmarried sons and
daughters who are members of the household of a person who qualifies for
the benefits of this subsection shall also be entitle to such benefits
during the period for which they were residing abroad as dependent
members of the household of the person.".
Sec. 15. (a) Section 329(b) (8 U.S.C. 1440(b)) is amended by
inserting "and" at the end of paragraph (3), by striking out"; and" at
the end of paragraph (4) and inserting in lieu thereof a period, and by
striking out paragraph (5).
(b) Section 334(a) (8 U.S.C. 1445(a)) is amended by striking out "and
duly verified by two witnesses,".
(c) Section 335 (8 U.S.C. 1446) is amended--,
(1) by striking out "and the oaths of petitioner's witnesses to
the petition for naturalization" in the second sentence of
subsection (b);
(2) by striking out subsections (f), (g), and (h); and
(3) by redesignating subsection (f).
(d) Section 336 (8 U.S.C. 1447) is amended--,
(1) by striking out "and the witnesses" each place it appears
in subsections (a) and (b);
(2) by striking out subsection (c);
(3) by redesignating subsection (d) as subsection (c);
(4) by redesignating subsection (e) as subsection (d) and
striking out the last sentence thereof; and
(5) by redesignating subsection (f) as subsection (e).
(e) Section 328(b)(2) (8 U.S.C. 1439(b)(2)) is amended by striking
out "and section 336(c)" and "and the witnesses".
Sec. 16. Section 344(c) (8 U.S.C. 1455(c)) is amended by striking
out "$6,000" each place it appears and inserting in lieu thereof
"$40,000".
Sec. 17. Section 13(b) of the Act of September 11, 1957 (71 Stat.
642; 8 U.S.C. 1255b(b)), is amended by inserting after " Attorney
General" the first place it appears the following: "that the alien has
shown compelling reasons demonstrating both that the alien is unable to
return to the country represented by the government which accredited the
alien or the member of the alien's immediate family and that adjustment
of the alien's status to that of an alien lawfully admitted for
permanent residence would be in the national interest,".
Sec. 18. (a) Section 101 (8 U.S.C. 1101) is amended--,
(1) by striking out " Office of Education of the United States"
in subsection (a)(15)(F) and inserting in lieu thereof " Secretary
of Education";
(2) by striking out the period at the end of each of
subparagraphs (H), (j), and (K) of subsection (a)(15) and
inserting in lieu thereof a semicolon;
(3) by striking out the period at the end of subparagraph (L)
of subsection (a)(15) and inserting in lieu thereof"; or";
(4) by striking out the second sentence of subsection (a)(33);
and
(5)(A) by striking out "or" at the end of subparagraphs (A) and
(B) of subsection (b)(1),
(B) by striking out the period at the end of subparagraph (C)
of such subsection and inserting lieu thereof a semicolon, and
(C) by striking out the period at the end of subparagraph (E)
of such subsection and inserting in lieu thereof"; or".
(b) Section 106(a)(1) (8 U.S.C. 1105a(a)(1)) is amended by striking
out the period at the end and inserting in lieu thereof a semicolon.
(c) Section 202(b) (8 U.S.C. 1152(b)) is amended by inserting "and"
before "(4)".
(d) Sectio 204(a) (8 U.S.C. 1154(a)) is amended by striking out "of
the relationships described in paragraphs" and inserting in lieu
thereof" of a relationship described in paragraph".
(e) Section 212 (8 U.S.C. 1182)) is amended--,
(1) by inserting")" in subsection (a)(32) after "is in the
United States", and
(2) by adding at the end the following new subsection:
"(k) Any alien, excludable from the United States under paragraph
(14), (20), or (21) of subsection (a), who is in possession of an
immigrant visa may, if otherwise admissible, be admitted in the
discretion of the Attorney General if the Attorney General is satisfied
that exclusion was not known to, and could not have been ascertained by
the exercise of reasonable diligence by, the immigrant before the time
of departure of the vessel or aircraft from the last port outside the
United States and outside foreign contiguous territory or, in the case
of an immigrant coming from foreign contiguous territory, before the
time of the immigrant's application for admission.".
(f) Section 221(a) (8 U.S.C. 1201 (a)) is amended by striking out the
period after "is charged" and inserting in lieu thereof a comma.
(g) Section 231(d) (8 U.S.C. 1221(d)) is amended by striking out
"subsections" and inserting in lieu thereof "subsection".
(h)(1)(A) The eleventh sentence of subsection (b) of section 242 (8
U.S.C. 1252) is amended by striking out "or (18)" and inserting in lieu
thereof "(18), or (19)".
(B) Subsection (e) of such section is amended by striking out "or
(18)" and inserting in lieu thereof "(18), or (19)".
(2) Subsection (a) of section 244 (8 U.S.C. 1254) is amended by
inserting "(other than an alien described in section 241(a)(19))" after
"in the case of an alien" in the matter before paragraph (1).
(i) The fourth sentence of section 243(a) (8 U.S.C. 1253(a)) is
amended by inserting a comma after "subject".
(j) Section 244(d) (8 U.S.C. 1254(d)) is amended--,
(1) by striking out "nonpreference", and
(2) by striking out "203(a)(7)" and inserting in lieu thereof
"201(a) or 202(a)".
(k)(1) Section 291 (8 U.S.C. 1361) is amended by striking out "quota
immigrant, or nonquota immigrant" and inserting in lieu thereof
"immigrant, special immigrant, immediate relative, or refugee".
(2) Section 349(a)(1) (8 U.S.C. 1481(a)(1)) is amended by striking
out "nonquota immigrant" and inserting in lieu thereof "special
immigrant".
(1) Section 309 (8 U.S.C. 1409) is amended--,
(1) by striking out "(3), (4), (5), and (7) of section 301(a)"
in subsection (a) and inserting in lieu thereof "(c), (d), and (g)
of section 301", and
(2) by striking out "301(a)(7)" in subsection (b) and inserting
in lieu thereof "301(g)".
(m) Sections 320(b), 321(b), and 322(b) (8 U.S.C. 1431(b), 1432(b),
1433(b)) are each amended by striking out "a child adopted while under
the age of sixteen years who" and inserting in lieu thereof "an adopted
child only if the child".
(n) Section 322 (8 U.S.C. 1433) is further amended by adding after
subsection (b) the following new subsection:
(c) In the case of an adopted child (1) who is in the United States
at the time of naturalization, and (2) one of whose adoptive parents (A)
petitions for naturalization of the child under this section, (B) meets
the criteria of clauses (A), (B), and (C) of section 319(b)(1), and (C)
// 8 USC 1430. // declares before the naturalization court in good
faith an intention to take up residence within the United States
immediately upon the termination of the employment described in section
319(b)(1)(B), no specified period of residence within the jurisdiction
of the naturalization court or proof thereof shall be required.".
(o) The fourth sentence of section 337(a) (8 U.S.C. 1448(a)) is
amended by striking out " or 323".
(p) Section 341 (8 U.S.C. 1452) is amended by striking out "(3), (4),
(5), or (7) of section 301(a)" and inserting in lieu thereof "(c), (d),
(e), or (g) of section 301".
(q) Section 349 (8 U.S.C. 1481), as amended by section 4 of Public
Law 95 - 432, is amended by striking out the second "(a)" after "349.".
(r) Section 351 (8 U.S.C. 1483) is amended--,
(1) by striking out "paragraphs (7), (8), and (9) of section
349" in subsection (a) and inserting in lieu thereof "paragraphs
(6) and (7) of section 349(a)", and
(2) by striking out "(5), and (6)" in subsection (b) and
inserting in lieu thereof "and (5)".
(s) Section 404 (8 U.S.C. 1101 note) is amended by inserting "(other
than chapter 2 of title IV)" after "this Act".
(t) The table of contents is amended by striking out the items
relating to sections 345, 350, 352, 353, 354, and 355.
(u)(1) Section 1429 of title 18, United States Code, is amended by
striking out "subsection (e)" and inserting in lieu thereof "subsection
(d)".
(2) The Act of March 16, 1956 (8 U.S.C. 1401a) is amended by striking
out "301(a)(7)" and inserting in lieu thereof "301(g)".
Sec. 19. The numerical limitations contained in sections 201 and 202
of the Immigration and Nationality Act // 8 USC 1151, 1152. // shall
not apply to any alien who is present in the United States and who, on
or before June 1, 1978--,
(1) qualified as a nonpreference immigrant under section 203(
a)(8) of such Act
// 8 USC 1153. //
(as in effect on June 1, 1978);
(2) was determined to be exempt from the labor certification
requirement of section 212(a)(14) of such Act
// 8 USC 1182. //
because the alien had actually invested, before such date, capital
in an enterprise in the United States of which the alien became a
principal manager and which employed a person or persons (other
than the spouse or children of the alien) who are citizens of the
United States or aliens lawfully admitted for permanent residence;
and
(3) applied for adjustment of status to that of an alien
lawfully admitted for permanent residence.
Sec. 20. Section 201(a) (8 U.S.C. 1151(a)) is amended by inserting
after "two hundred seventy thousand" the following:": Provided, That to
the extent that in a particular fiscal year the number of aliens who are
issued immigrant visas or who may otherwise acquire the status of aliens
lawfully admitted for permanent residence, and who are subject to the
numerical limitations of this section, together with the aliens who
adjust their status to aliens lawfully admitted for permanent residence
pursuant to subparagraph (H) of section 101(a)(27) or section 19 of the
Immigration and Nationality Amendments Act of 1981, // 8 USC 1101. //
exceed the annual numerical limitation in effect pursuan to this section
for such year, the Secretary of State shall reduce to such extent the
annual numerical limitation in effect pursuant to this section for the
following fiscal year".
(b) Section 202(a) (8 U.S.C. 1152(a)) is amended by inserting after
"year" the following:": And provided further, That to the extent that
in a particular fiscal year the number of such natives who are issued
immigrant visas or who may otherwise acquire the status of aliens
lawfully admitted for permanent residence and who are subject to the
numerical limitation of this section, together with the aliens from the
same foreign state who adjust their status to aliens lawfully admitted
for permanent residence pursuant to subparagraph (h) of section 101(a)(
27) or section 19 of the Immigration and Nationality Amendments Act of
1981, // 8 USC 1101. // exceed the numerical limitation in effect for
such year pursuant to this section, the Secretary of State shall reduce
to such extent the numerical limitation in effect for the natives of the
same foreign state pursuant to this section for the following fiscal
year".
Sec. 21. (a) Except as provided in subsection (b) and in section 5(
c), the amendments made by this Act // 8 USC 1101 // shall take effect
on the date of the enactment of this Act.
(b)(1) The amendments made by section 2(a) shall apply on and after
the first day of the sixth month beginning after the date of the
enactment of this Act.
(2) The amendment made by section 16 shall apply to fiscal years
beginning on or after October 1, 1981.
Approved December 29, 1981.
LEGISLATIVE HISTORY-H.R. 4327:
HOUSE REPORT No. 97 - 264 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 127 (1981):
Oct. 13, considered and passed House.
Dec. 16, considered and passed Senate, amended; House
concurred in Senate amendments.
PUBLIC LAW 97-115, 95 STAT. 1595
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) this Act // 42
USC 3001 // may be cited as the " Older Americans Act Amendments of
1981".
(b) Except as otherwise specifically 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 Older
Americans Act of 1965.
Sec. 2. (a)(1) Section 101(7) // 42 USC 3001. // is amended by
inserting after "cultural," the following: "education and training".
(2) Section 102(1) // 42 USC 3002. // is amended by striking out "
Secretary of Health, Education, and Welfare" and inserting in lieu
thereof " Secretary of Health and Human Services".
(3)(A) Section 102(3) is amended by inserting "the Commonwealth of
the Northern Mariana Islands," after " Samoa,".
(B) Section 102(6) is amended by striking out " The term" and
inserting in lieu thereof " Except for the purposes of title VI of this
Act, the term".
(C) Section 102(7) is amended by striking out " The term" and
inserting in lieu thereof " Except for the purposes of title VI of this
Act, the term".
(b)(1) The heading for section 202 // 42 USC 3012. // is amended by
striking out " ADMINISTRATION" and inserting in lieu thereof "
COMMISSIONER".
(2) Section 202(a)(1) is amended by striking out " Department of
Health, Education, and Welfare" and inserting in lieu thereof "
Department of Health and Human Services".
(3) Section 202(a)(2) is amended by striking out "serve as a
clearinghouse for" and inserting in lieu thereof "collect and
disseminate".
(4) Section 202(a)(5) is amended by inserting "education and training
services (including" after "hospitalization,", by inserting "and" after
"training,", and by inserting a closing parenthetical mark after
"education".
(5) Section 202(a)(8) is amended by inserting before the semicolon at
the end thereof the following: ", and take whatever action is necessary
to achieve coordination of activities carried out or assisted by all
departments, agencies, and instrumentalities of the Federal Government
with respect to the collection, preparation, and dissemination of
information relevant to older individuals".
(6) Section 202(a)(12) is amended by striking out "nonprofit".
(7) Section 202(a)(16) is amended by striking out "nonprofit".
(c) Section 202(c) is amended by striking out " Action" and inserting
in lieu thereof "the ACTION Agency".
(d)(1) The last sentence of section 203(a) // 42 USC 3013. // is
amended by striking out "purpose" and inserting in lieu thereof
"purposes".
(2)(A) Section 203(b) // 42 USC 3013. // is amended by striking out
"purpose" and inserting in lieu thereof "purposes".
(B) Section 203(b)(1) is amended by striking out "of 1973".
(C) Section 203(b)(8) is repealed.
(D) Clauses (9) and (10) of section 203(b) are redesignated as
clauses (8) and (9), respectively.
(E) Section 203(b)(8) (as redesignated by subparagraph (D)) is
amended by adding after "1965," the following: "title I of the Higher
Education Act of 1965, and the Adult Education Act".
(e)(1) Section 204 // 42 USC 3014. // is repealed.
(2) Sections 205 through 214, // 42 USC 3015 - 3020d. // and all
references thereto, are redesignated as sections 204 through 213,
respectively.
(f)(1) Section 204(c) // 42 USC 3015. // as so redesignated in
subsection (e)(2), is amended by striking out "but not less often than
four times a year" and inserting in lieu thereof "at least quarterly".
(2) Section 204(d)(5) (as redesignated by subsection (e)(2)) is
amended by striking out ", in consultation with the National
Information, and Resource Clearing House for the Aging,".
(3)(A) Section 204(g) (as redesignated by subsection (e)(2)) is
repealed.
(B) Subsection (h) of section 204 (as redesignated by subsection
(e)(2)) is redesignated as subsection (g).
(4) Section 204(g) (as redesignated by subsection (e)(2) and
paragraph (3)(B)) is amended to read as follows:
"(g) There are authorized to be appropriated to carry out the
provisions of this section $200,000 for fiscal year 1982, $214,000 for
fiscal year 1983, and $228,900 for fiscal year 1984.".
(g)(1) Section 205(b) // 42 USC 3016. // (as redesignated by
subsection (e)(2)) is repealed.
(2) Subsections (c) and (d) of section 205 (as redesignated by
subsection (e)(2)) are redesignated as subsections (b) and (c),
respectively.
(h) Section 206(b) // 42 USC 3017. // (as redesignated by subsection
(e)(2)) is amended--,
(1) by striking out "under section 308 or"; and
(2) by striking out "section 208" and inserting in lieu thereof
"section 207".
(i) Section 209(b) // 42 USC 3020. // (as redesignated in subsection
(e)(2)) is amended by striking out "the amendment made by".
(j) Section 210(a) // 42 USC 3020a. // (as redesignated by
subsection (e)(2)) is amended by striking out ", and of title V of the
Act of October 15, 1977 (Public Law 95 - 134; 91 Stat. 1164),".
(k) Section 213 // 42 USC 3020d. // (as redesignated by subsection
(e)(2)) is amended by striking out "the Economic Opportunity Act of
1964" and inserting in lieu thereof "titles VIII and X of the Economic
Opportunity Act of 1964 and the Community Services Block Grant Act".
Sec. 3. (a) Section 301(b)(2) // 42 USC 3021. // is amended--,
(1) by inserting "the Department of Education," after
"cooperation of";
(2) by striking out "the Community Services Administration,";
and
(3) by inserting after " Transportation" a comma and the
following: "the Office of Community Services".
(b)(1) Section 302(3) // 42 USC 3022. // is amended by inserting
after " Social Security Act," the last place it appears therein the
following: "any category of institutions regulated by a State pursuant
to the provisions of section 1616(e) of the Social Security Act (for
purposes of section 307(a)(12)),".
(2) Section 302 // 42 USC 3022. // is amended by adding at the end
thereof the following new paragraph:
"(9) The term 'education and training service' means a
supportive service designed to assist older individuals to better
cope with their economic, health, and personal needs through
services such as consumer education, continuing education, health
education, preretirement education, financial planning, and other
education and training services which will advance the objectives
of this Act.".
(c)(1) Section 303(a) // 42 USC 3023. // is amended by striking out
"and", and by inserting after "1981" the following: ", $306,000,000 for
fiscal year 1982, $327,400,000 for fiscal year 1983, and $350,300,000
for fiscal year 1984," and by striking out "social services" and
inserting in lieu thereof "supportive services and senior centers".
(2) Section 303(b)(1) is amended by striking out "and", and by
inserting after "1981" the following: ", $319,100,000 for fiscal year
1982, $341,400,000 for fiscal year 1983, and $365,300,000 for fiscal
year 1984,".
(3) Section 303(b)(2) is amended by striking out "and", and by
inserting after "1981" the following: ", $60,000,000 for fiscal year
1982, $64,200,000 for fiscal year 1983, and $68,700,000 for fiscal year
1984,".
(d) The Older Americans Act of 1965 // 42 USC 3001 // is amended by
striking out "social services" each place it appears therein and
inserting in lieu thereof "supportive services".
Sec. 4. (a) Section 304(a)(1) // 42 USC 3024. // is amended by
striking out " From the sums appropriated under parts B and C for fiscal
years 1979, 1980, and 1981," and inserting in lieu thereof " From the
sums appropriated under parts B and C for each fiscal year,".
(b) Section 304(d)(1)(B) is amended by striking out "90 percent in
fiscal years 1979 and 1980, and 85 percent in fiscal year 1981, of the
cost of social services and nutrition services authorized under parts B
and C" and inserting in lieu thereof "85 percent of the cost of
supportive services, senior centers, and nutrition services under this
title".
(c) Section 304(d)(1) is amended--,
(1) by striking out "and" at the end of clause (A);
(2) by redesignating clause (B) as clause (C); and
(3) by adding after clause (A) the following new clause:
"(B) such amount as the State agency determines to be adequate
for conducting an effective ombudsman program under section 307(
a)(12) shall be available for conducting such program; and".
Sec. 5. (a) Section 305(a)(1)(E) // 42 USC 3025. // is amended by
striking out "divide the State into distinct areas" and inserting in
lieu thereof "divide the State into distinct planning and service areas
(or in the case of a State specified in subsection (b)(5), designate the
entire State as a single planning and service area)".
(b) Section 305(a)(2)(A) is amended by striking out "determine for
which planning and service area an area plan will be developed, in
accordance with section 306, and for each such area designate," and
inserting in lieu thereof "except as provided in subsection (b)(5),
designate for each such area".
(c) Section 305(b) // 42 USC 3025. // is amended by adding at the
end thereof the following new paragraph:
"(5) A State which on or before October 1, 1980, had designated, with
the approval of the Commissioner, a single planning and service area
covering all of the older individuals in the State, in which the State
agency was administering the area plan, may after that date designate
one or more additional planning and service areas within the State to be
administered by public or private nonprofit agencies or organizations as
area agencies on aging, after considering the factors specified in
subsection (a)(1)(E). The State agency shall continue to perform the
functions of an area agency for any area of the State not included in a
planning and service area for which an area agency has been
designated.".
(d) Section 305(c) is amended--,
(1) by striking out "or" at the end of clause (3),
(2) by inserting "or" at the end of clause (4), and
(3) by adding after clause (4) the following new clause:
"(5) in the case of a State specified in subsection (b)(5), the
State agency;".
Sec. 6. (a) The first sentence of section 306(a) // 42 USC 3026. //
is amended by striking out "for a 3-year period" and inserting in lieu
thereof "for a two-, three-, or four-year period determined by the State
agency,".
(b) Section 306(a)(2) is amended by striking out "at least 50
percent" and inserting in lieu thereof "an adequate proportion".
(c)(1) Section 306(b)(1) is repealed.
(2)(A) Paragraph (2) of section 306(b) is redesignated as subsection
(b).
(B) The first sentence of section 306(b) (as redesignated by
subparagraph (A)) is amended by striking out "may" and inserting in lieu
thereof "shall".
(C) The second sentence of section 306(b) (as redesignated by
subparagraph (A)) is repealed.
Sec. 7. (a) The first sentence of section 307(a) // 42 USC 3027. //
is amended by striking out "for a 3-year period," and inserting in lieu
thereof "for a two-, three-, or four-year period determined by the State
agency,".
(b) Section 307(a)(13)(A) is amended by striking out the comma, and
by inserting before the semicolon at the end thereof the following: ",
and may be made available to handicapped or disabled individuals who
have not attained 60 years of age but who reside in housing facilities
occupied primarily by the elderly at which congregate nutrition services
are provided".
(c) Section 307(a)(13)(B) is amended to read as follows:
"(B) primary consideration shall be given to the provision of
meals in a congregate setting, except that each area agency (i)
may award funds made available under this title to organizations
for the provision of home delivered meals to older individuals in
accordance with the provisions of subpart 2 of part C,
// 42 USC 3030f. //
based upon a determination of need made by the recipient of a
grant or contract entered into under this title, without requiring
that such organizations also provide meals to older individuals in
a congregate setting; and (ii) shall, in awarding such funds,
select such organizations in a manner which complies with the
provisions of subparagraph (H);".
(d) Section 307(a)(13)(C)(ii) // 42 USC 3027. // is amended by
inserting before the semicolon at the end thereof a comma and the
following: "to facilitate access to such meals, and to provide other
supportive services directly related to nutrition services".
(e) Section 307(a)(13)(D) is amended by inserting after the clause
designation the following: "in the case of meals served in a congregate
setting,", and by striking out "or home delivered meals are furnished to
eligible individuals who are homebound".
(f) Section 307(a)(13)(I) is amended to read as follows:
"(I) each area agency shall establish procedures that will
allow nutrition project administrators the option to offer a meal,
on the same basis as meals are provided to elderly participants,
to individuals providing volunteer services during the meal
hours;".
(g) Section 307(a) is amended--,
(1) by striking out "and" at the end of paragraph (15) thereof;
(2) by redesignating paragraph (16) thereof as paragraph (18);
and
(3) by inserting after paragraph (15) the following new
paragraphs:
"(16) provide, with respect to education and training services,
assurances that area agencies on aging may enter into grants and
contracts with providers of education and training services which
can demonstrate the experience or capacity to provide such
services (except that such contract authority shall be effective
for any fiscal year only to such extent, or in such amounts, as
are provided in appropriations Acts);
"(17) provide assurances that, if a substantial number of the
older individuals residing in any planning and service area in the
State are of limited English-speaking ability, then the State will
require the area agency on aging for each such planning and
service area--,
under
section 306(a)(2)(A),
// 42 USC 3026. //
the services of workers who are fluent in
the language spoken by a predominant number of such
older
individuals who are of limited English-speaking
ability; and
aging
on a full-time basis, whose responsibilities will
include--,
participating
in programs and receiving assistance under this
Act; and
effectively
linguistic and cultural differences.".
(h) Section 307(b) is amended by striking out clause (2) and by
redesignating clause (3) as clause (2).
Sec. 8. Section 308(b) // 42 USC 3028. // is amended by adding at
the end thereof the following new paragraph:
"(6) Notwithstanding any other provisions of this title, with respect
to funds received under subsection (a) and subsection (b) of section
303, a State may elect to transfer not more than 20 per centum of the
funds appropriated for any fiscal year between programs under part B and
part C of this title, // 42 USC 3030d, 3030e. // for use as the State
considers appropriate. The State shall notify the Commissioner of any
such election.".
Sec. 9. (a) The first sentence of section 311(a)(4) // 42 USC 3030a.
// is amended--,
(1) by striking out " In" and inserting in lieu thereof "
Subject to the authorization of appropriations specified in
subsection (d), in"; and
(2) by striking out "during the three succeeding fiscal years"
and inserting in lieu thereof "for each fiscal year thereafter".
(b)(1) Subsection (b) of section 311 is repealed.
(2) Subsection (c) of section 311 is redesignated as subsection (b).
(c) Section 311 (as amended by subsection (b) of this section) is
amended by adding at the end thereof the following new subsection:
"(d)(1) There are authorized to be appropriated $93,200,000 for
fiscal year 1982, $100,000,000 for fiscal year 1983, and $105,000,000
for fiscal year 1984, to carry out the provisions of this section (other
than the provisions of subsection (a)(1)) and such additional sums as
may be necessary for each such fiscal year to maintain the level of
reimbursement for the number of meals served under such provisions in
fiscal year 1981.
"(2) In any fiscal year in which compliance with subsection (a)(4) of
this section costs more than the amounts authorized under paragraph (1)
of this subsection for that fiscal year the Secretary of Agriculture
shall reduce the cents per meal level determined pursuant to subsection
(a)(4) for that fiscal year as necessary to meet the authorization of
appropriation for that fiscal year.".
Sec. 10. (a) Section 321(a)(1) // 42 USC 3030d. // is amended by
striking out "continuing education" and inserting in lieu thereof
"education and training".
(b) Section 321(a)(4) is amended--,
(1) by inserting "(A)" after "designed";
(2) by striking out "or" and inserting in lieu thereof a
semicolon and "(B)"; and
(3) by inserting before the semicolon at the end thereof the
following: "; or (C) to prevent unlawful entry into residences
of elderly individuals, through the installation of security
devices and through structural modifications or alterations of
such residences".
(c) Section 321 is amended by striking out "or" at the end of clause
(11), by redesignating clause (12) as clause (15), and by inserting
after clause (11) the following new clauses:
"(12) services to encourage the employment of older workers,
including job counseling and, where appropriate, job development,
referral, and placement;
"(13) crime prevention services and victim assistance programs
for older individuals;
"(14) a program, to be known as ' Senior Opportunities and
Services', designed to identify and meet the needs of older, poor
individuals 60 years of age or older in one or more of the
following areas: (A) development and provision of new volunteer
services; (B) effective referral to existing health, employment,
housing, legal, consumer, transportation, and other services; (C)
stimulation and creation of additional services and programs to
remedy gaps and deficiencies in presently existing services and
programs; and (D) such other services as the Commissioner may
determine are necessary or especially appropriate to meet the
needs of the older poor and to assure them greater
self-sufficiency; or".
(d) The heading for part B of title III is amended to read as
follows: " Supportive Services and Senior Centers".
(e) Section 337 // 42 USC 3030g. // is amended by striking out "
National Association of Title VII Project Directors" and inserting in
lieu thereof " National Association of Nutrition and Aging Services
Programs".
PROJECTS AND
PROGRAMS
Sec. 11. (a) Title IV is amended to read as follows:
OF AGING
" Sec. 411. // 42 USC 3031. // The Commissioner may make grants to
any public or nonprofit private agency, organization, or institution,
and may enter into contracts with any agency, organization, or
institution, to assist the Commissioner in recruiting persons to enter
the field of aging, training volunteers and persons employed in or
preparing for employment in the field of aging (including such stipends
to persons participating in training programs as the Commissioner may
find appropriate), technical assistance, and other activities related to
such training.
" Sec. 412. // 42 USC 3032. // The Commissioner may make grants to
public and private nonprofit agencies, organizations, and institutions
for the purpose of establishing or supporting multidisciplinary centers
of gerontology, and gerontology centers of special emphasis.
Activities
" Sec. 421. // 42 USC 3035. // The Commissioner may make grants to
any public or nonprofit private agency, organization, or institution,
and may enter into contracts with any agency, organization, institution,
or individual to support research and development related to the
purposes of this Act, evaluation of the results of such research and
development activities, and collection and dissemination of information
concerning research findings, demonstration results, and other materials
developed in connection with activities assisted under this title, and
conducting of conferences and other meetings for purposes of exchange of
information and other activities related to the purposes of this title.
" Sec. 422. // 42 USC 3035a. // (a) The Commissioner may, after
consultation with the State agency in the State involved, make grants to
any public agency or nonprofit private organization or enter into
contracts with any agency or organization within such State for paying
part or all of the cost of developing or operating nationwide,
statewide, regional, metropolitan area, county, city, or community model
projects which will demonstrate methods to improve or expand supportive
services or nutrition services or otherwise promote the well-being of
older individuals. The Commissioner shall give special consideration to
the funding of rural area agencies on aging to conduct model projects
devoted to the special needs of the rural elderly Such projects shall
include alternative health care delivery systems, advocacy and outreach
programs, and transportation services.
"(b) In making grants and contracts under this section, the
Commissioner shall give special consideration to projects designed to--,
"(1) meet the special health care needs of the elderly,
including--,
of,
medical differential diagnoses of older individuals to
distinguish
between their need for mental health services and
other medical care;
older
individuals, and the mental health and support services
required to meet such needs; and
provision
of such services;
"(2) assist in meeting the special housing needs of older
individuals by--,
are
necessary for them to meet minimum standards, and (ii)
to
install security devices, and to make structural
modifications
or alterations, designed to prevent unlawful entry; and
meet the
needs of older individuals suffering from physical
disabilities;
"(3) provide education and training to older individuals
designed to enable them to lead more productive lives by
broadening the education, occupational, cultural, or social
awareness of such older individuals;
"(4) provide preretirement education information and relevant
services (including the training of personnel to carry out such
programs and the conduct of research with respect to the
development and operation of such programs) to individuals
planning retirement;
"(5) meet the special needs of, and improve the delivery of
services to, older individuals who are not receiving adequate
services under other provisions of this Act, with emphasis on the
needs of low-income, minority, Indian, and limited English--,
speaking individuals and the rural elderly;
"(6) develop or improve methods of coordinating all available
supportive services for the homebound elderly, blind, and disabled
by establishing demonstration projects in ten States, in
accordance with subsection (c); and
"(7) improve transportation systems for the rural elderly.
"(c) The Commissioner shall consult with the Commissioner of the
Rehabilitation Services Administration, the Commissioner of the Social
Security Administration, and the Surgeon General of the Public Health
Service, to develop procedures for--,
"(1) identifying elderly, blind, and disabled individuals who
need supportive services;
"(2) compiling a list in each community of all services
available to the elderly, blind, and disabled; and
"(3) establishing an information and referral service within
the appropriate community agency to--,
elderly,
blind, and disabled.
The Commissioner shall establish procedures for administering
demonstration projects under subsection (b)(6) not later than 6 months
after the effective date of this subsection. The Commissioner shall
report to the Congress with respect to the results and findings of the
demonstration projects conducted under this section at the completion of
the projects.
" Sec. 423. // 42 USC 3035b. // (a)(1) The Commissioner may--,
"(A) make grants to selected State agencies, designated under
section 305(a)(1),
// 42 USC 3025. //
and, in consultation with State agencies, selected area agencies
on aging designated under section 305(a)(2)(A), institutions of
higher education, and other public agencies and nonprofit private
organizations; and
"(B) enter into contracts with any agency, organization, or
institution (except that such contract authority shall be
effective for any fiscal year only to such extent, or in such
amounts, as are provided in appropriations Acts);
to support the development of comprehensive, coordinated systems of
community long-term care for older individuals, with special emphasis
upon services designed to support alternatives to institutional living
and the assessment of need, the development of a plan of care, and the
referral of individuals, in the delivery of long-term care services,
including noninstitutional and institutional services, where
appropriate.
"(2) A grant under this section may be made to pay part or all of the
estimated cost of the program (including startup cost) for a period of
not more than 3 years, except that no funds may be used to pay for
direct services which are eligible for reimbursement under title XVIII,
title XIX, or title XX of the Social Security Act. // 42 USC 1395, 1396,
1397. //
"(3) A grant made under this section shall be used for the
development of programs which provide a full continuum of services.
Such services may include adult day health care; monitoring and
evaluation of service effectiveness; supported living in public and
private nonprofit housing; family respite services; preventive health
services; home health, homemaker, and other rehabilitative and
maintenance in-home services provided by geriatric health maintenance
organizations; and other services which the Commissioner determines are
appropriate, and which, at a minimum, provide for identification and
assessment of the long-term care needs of older individuals, referral of
such individuals to the appropriate services, and follow-up and
evaluation of the continued appropriateness of such services with
provision for re-referral as appropriate.
"(b)(1) In making grants to States under this section, preference
shall be given to applicants which demonstrate that--,
"(A) adequate State standards have been developed to ensure the
quality of services provided;
"(B) the State has made a commitment to carry out the program
assisted under this section with the State agency responsible for
the administration of title XIX
// 42 USC 1396. //
of the Social Security Act or title XX of the Social Security Act,
// 42 USC 1397. //
or both such agencies;
"(C) the State will develop plans to finance the comprehensive
program assisted under this section; and
"(D) the State agency has a plan for statewide or designated
regions of the State containing provisions designed to maximize
access by older individuals to long-term care services.
"(2) In awarding grants to or entering into contracts with agencies
and organizations under this section, preference shall be given to
applicants that possess the capability to establish community-based
long-term care programs and demonstrate that a need exists for the
establishment of such programs in the area to be served.
"(3) Agencies and organizations assisted under this section shall
establish procedures for evaluating the program assisted under this
section, with respect to the benefits accruing to persons receiving
assistance, the feasibility of the administrative model used for
comprehensive coordination of services including coordination with other
local programs, and the comparative costs and quality of services
provided, and shall submit such evaluation to the Commissioner on a
periodic basis.
"(c) The Secretary shall involve appropriate Federal departments and
agencies in carrying out the provisions of this section in order to
assure coordination at the Federal level and to avoid duplication and
shall include in the annual report to the Congress required by section
207, a report on the impact of grants made, or contracts entered into,
on the experiences of grantees and contractors in meeting the
requirements of this section, and on the comparative benefits and costs
of projects assisted under this section.
"(d) Sums appropriated to carry out this section shall, to the extent
feasible, be used to support programs equitably distributed throughout
the Nation between urban and rural areas.
FOR OLDER
AMERICANS
" Sec. 424. // 42 USC 3035c. // (a) The Commissioner shall make
grants to, and enter into contracts with, public and private nonprofit
agencies or organizations in order to--,
"(1) provide support activities to State and area agencies on
aging providing, developing, or supporting legal services to older
individuals; and
"(2) support demonstration projects to expand or improve the
delivery of legal services to older individuals with social or
economic need.
"(b) Any grants or contracts entered into under subsection (a)(2)
shall contain assurances that the requirements of section 307(a)(15) //
42 USC 3027. // are met.
" Sec. 425. // 42 USC 3035d. // The Commissioner may carry out
directly or through grants or contracts--,
"(1) innovation and development projects and activities of
national significance which show promise of having substantial
impact on the expansion or improvement of supportive services,
nutrition services, or multipurpose senior centers, or otherwise
promoting the well-being of older individuals; and
"(2) dissemination of information activities related to such
programs.
"(b) An amount not to exceed 15 percent of any sums appropriated
under section 431 may be used for carrying out this section.
PROJECTS
" Sec. 426. // 42 USC 3035e. // The Secretary may, after
consultation with the appropriate State agency designated under section
305(a)(1), // 42 USC 3025. // make grants to pay for part or all of the
costs of developing model projects which show promise of relieving older
individuals of the excessive burdens of high utility service and home
heating costs. Any such project shall give special consideration to
projects under which a business concern engaged in providing home
heating oil or utility services to low--, income older individuals at a
cost which is substantially lower than providing home heating oil or
utility services to other individuals.
" Sec. 431. // 42 USC 3037. // (a) There are authorized to be
appropriated to carry out the provisions of this title $23,200,000 for
fiscal year 1982, $24,800,000 for fiscal year 1983, and $26,600,000 for
fiscal year 1984.
"(b) No funds appropriated under this title--,
"(1) may be transferred to any office or other authority of the
Federal Government which is not directly responsible to the
Commissioner; or
"(2) may be used for any program or activity which is not
specifically authorized by this title.
" Sec. 432. // 42 USC 3037a. // (a) To the extent he deems it
appropriate, the Commissioner shall require the recipient of any grant
or contract under this title to contribute money, facilities, or
services for carrying out the project for which such grant or contract
was made.
"(b) Payments under this title pursuant to a grant or contract may be
made (after necessary adjustment, in the case of grants, on account of
previously made overpayments or underpayments) in advance or by way of
reimbursement, and in such installments and on such conditions, as the
Commissioner may determine.
"(c) The Commissioner shall make no grant or contract under this
title in any State which has established or designated a State agency
for purposes of title III unless the Commissioner has consulted with
such State agency regarding such grant or contract.".
(b)(1) Section 204(d)(2) // 42 USC 3015. // (as redesignated by
section 2(e)(2)) is amended by striking out "the appraisal of needs
required by section 402" and inserting in lieu thereof "an appraisal of
needs pursuant to the functions carried out by the Commissioner under
section 411".
(2) Section 310 // 42 USC 3030. // is amended by striking out
"section 421" each place it appears therein and inserting in lieu
thereof "section 422".
Sec. 12. (a)(1) Section 502(a) // 42 USC 3056. // is amended by
striking out "and who have poor employment prospects".
(2) Section 502(b)(1)(E) is amended by striking out "whose
opportunities for other suitable public or private paid employment are
poor".
(3) Section 507(2) // 42 USC 3056e. // is amended by striking out
"and who has or would have difficulty in securing employment,".
(b)(1) Section 502(c)(1) is amended by striking out " Community
Services Administration" and inserting in lieu thereof " Office of
Community Services of the Department of Health and Human Services".
(2) Section 505(b) // 42 USC 3056c. // is amended by striking out
"the Director of the Community Services Administration, the Secretary of
Health, Education, and Welfare" and insert in lieu thereof ", the
Director of the Office of Community Services, the Secretary of Health
and Human Services".
(c) Section 502(e) is amended to read as follows:
"(e)(1) The Secretary, in addition to any other authority contained
in this title, shall conduct experimental projects designed to assure
second career training and the placement of eligible individuals in
employment opportunities with private business concerns. The Secretary
shall enter into such agreements with States, public agencies, nonprofit
private organizations and private business concerns as may be necessary
to conduct the experimental projects authorized by this subsection. The
Secretary, from amounts reserved under section 506(a)( 1)(B) // 42 USC
3056d. // in any fiscal year, may pay all of the costs of any
agreements entered into under the provisions of this subsection. The
Secretary shall, to the extent feasible, assure equitable geographic
distribution of projects authorized by this subsection.
"(2) Not later than 90 days after the date of enactment of the Older
Americans Act Amendments of 1981, the Secretary shall issue criteria
designed to assure that agreements entered into under paragraph (1) of
this subsection--,
"(A) will involve different kinds of work modes, such as
flex--, time, job sharing, and other arrangements relating to
reduced physical exertion; and
"(B) will emphasize projects involving second careers and job
placement and give consideration to placement in growth industries
and in jobs reflecting new technological skills.
"(3)(A) The Secretary shall carry out an evaluation of the second
career training and job placement projects authorized by this
subsection.
"(B) The evaluation shall include but not be limited to the projects
described in paragraph (2).
"(C) The Secretary shall prepare and submit, not later than one year
after the enactment of the Older Americans Act Amendments of 1981, to
the Congress an interim report describing the agreements entered into
under paragraph (1) and the design for the evaluation required by this
paragraph. The Secretary shall prepare and submit to the President and
the Congress a final report on the evaluation required by this paragraph
not later than February 1, 1984, together with his findings and such
recommendations, including recommendations for additional legislation,
as the Secretary deems appropriate.
"(D) The Secretary shall make the final report submitted under
subparagraph (C) available to interested private business concerns.
"(4) For the purpose of this subsection, 'eligible individual' means
any individual who is 55 years of age or older and who has an income
equal to or less than the intermediate level retired couples budget as
determined annually by the Bureau of Labor Statistics.".
(d) Section 503(b) // 42 USC 3056a. // is amended by striking out
"of 1973" each place it appears therein.
(e)(1) Section 506(a)(2) // 42 USC 3056d. // is amended by adding
after the first sentence the following: " The Secretary in awarding
grants and contracts under such paragraph (1) from such 45 per centum
shall, to the extent feasible, assure an equitable distribution of
activities under such grants and contracts designed to achieve the
allotment among the States described in paragraph (3) of this
subsection.".
(2) Section 506(a)(1)(B) is amended--,
(A) by striking out "may" and inserting in lieu thereof
"shall"; and
(B) by striking out "not to exceed one per centum" and
inserting in lieu thereof "which is equal to at least 1 per centum
but not more than 3 per centum".
(3)(A) Section 506(a)(2) is amended by inserting "to the appropriate
public agency of each State" after "allotted".
(B) Section 506(a)(3) is amended by striking out "for projects within
each State" and inserting in lieu thereof "to State agency on aging of
each State", and by inserting "the Commonwealth of the Northern Mariana
Islands," after " Samoa," each place it appears therein.
(C) Section 506(a)(4)(A) is amended by inserting "the Commonwealth of
the Northern Mariana Islands," after " Samoa,".
(f)(1) Section 507(1) // 42 USC 3056e. // is amended by inserting
"the Commonwealth of the Northern Mariana Islands," after " Samoa,".
(2) Section 507(3) is amended by inserting "weatherization
activities;" after "efforts;".
(g) Section 508 // 42 USC 3056f. // is amended to read as follows:
" Sec. 508. (a) There is authorized to be appropriated to carry out
this title--,
"(1) $277,100,000 for fiscal year 1982, $296,500,000 for fiscal
year 1983, and $317,300,000 for fiscal year 1984; and
"(2) such additional sums as may be necessary for each such
fiscal year to enable the Secretary, through programs under this
title, to provide for at least 54,200 part-time employment
positions for eligible individuals.
For purposes of paragraph (2), 'part-time employment position' means an
employment position within a workweek of at least 20 hours.
"(b) Amounts appropriated under this section for any fiscal year
shall be used during the annual period which begins on July 1 of the
calendar year immediately following the beginning of such fiscal year
and which ends on June 30 of the following calendar year. The Secretary
may extend the period during which such amounts may be obligated or
expended in the case of a particular organization or agency receiving
funds under this title if the Secretary determines that such extension
is necessary to ensure the effective use of such funds by such
organization or agency. Any such extension shall be for a period of not
more than 60 days after the end of such annual period.".
Sec. 13. (a) Section 603 // 42 USC 3057b. // is amended by striking
out " Indians who are aged 60 and older" and inserting in lieu thereof
"older Indians".
(b)(1) Section 604(a)(4) // 42 USC 3057c. // is amended by striking
out "that a nonprofit private organization selected by the tribal
organization will conduct" and inserting in lieu thereof "for".
(2) Section 604(a)(8) is amended by inserting before the semicolon a
comma and the following: "except that in any case in which the need for
nutritional services for older Indians represented by the tribal
organization is already met from other sources, the tribal organization
may use the funds otherwise required to be expended under this paragraph
for supportive services".
(3) Section 604(a)(10) is amended to read as follows:
"(10) provide that any legal or ombudsman services made
available to older Indians represented by the tribal organization
will be substantially in compliance with the provisions of title
III relating to the furnishing of similar services; and".
(4) Section 604 is amended by striking out subsection (d) thereof,
and by redesignating subsection (e) and subsection (f) as subsection (d)
and subsection (e), respectively.
(c) Section 605 // 42 USC 3057d. // is amended--,
(1) by striking out the subsection designation "(a)", and
(2) by striking out subsection (b).
(d) Section 608(a) // 42 USC 3057g. // is amended to read as
follows:
"(a) There are authorized to be appropriated $6,500,000 for fiscal
year 1982, $7,000,000 for fiscal year 1983, and $7,500,000 for fiscal
year 1984 to carry out the provisions of this title other than section
606.".
Sec. 14. (a) Section 501(b) of the Comprehensive Older Americans Act
Amendments of 1978 // 42 USC 3045 // is amended to read as follows:
"(b) No contract awarded after September 30, 1982, shall be entered
into for the provision of nutrition services unless such contract has
been awarded through a competitive process. Whenever there is no
evidence of improved quality of service and cost effectiveness on the
part of another bidder, a provider of services who received funds under
title VII of the Older Americans Act of 1965 // 42 USC 3045 // as in
effect on September 29, 1978, shall be given preference.".
CONFERENCE
Sec. 15. Sums appropriated under section 207 of the 1981 White House
Conference on Aging Act // 42 USC 3001 // for fiscal year 1981
obligation and expenditure shall remain available for the succeeding
fiscal year.
Sec. 16. Section 2603(2) of the Omnibus Budget Reconciliation Budget
Act of 1981 is amended to read as follows:
"(2) the term 'household' means any individual or group of
individuals who are living together as one economic unit for whom
residential energy is customarily purchased in common or who make
undesignated payments for energy in the form of
rent;".
Sec. 17. (a)(1) Section 673(1) of the Omnibus Budget Reconciliation
Act of 1981 is amended by adding at the end thereof the following new
sentence: " The term 'eligible entity' includes any limited purpose
agency designated under title II of the Economic Opportunty Act of 1964
for fiscal year 1981 which served the general purposes of a community
action agency under title II of such Act, unless such designated agency
lost its designation under title II of such Act as a result of a failure
to comply with the provisions of such Act, and any grantee which
received financial assistance under section 221 or section 222( a)(4) of
the Economic Opportunity Act of 1964 in fiscal year 1981.".
(2) Section 675(c) of such Act is amended by adding at the end
thereof the following new sentences: " The Secretary shall provide to
the chief executive officer of each State appropriate information
regarding designated limited purpose agencies and grantees which meet
the requirements of the second sentence of section 673(1). No eligible
entity which receives funds for a project or activity under clause (2)(
A)(i) of this subsection may receive funds otherwise available under
this subtitle for that project or activity.".
(b) Section 675(c)(2)(A)(ii) of the Omnibus Budget Reconciliation Act
of 1981 is amended by inserting a comma after "directly".
(c) Section 682(b)(4) of the Omnibus Budget Reconciliation Act of
1981 is amended by inserting before the period at the end thereof the
following: ", to migrant and seasonal farm worker organizations, or to
both such entities and such organizations".
Sec. 18. Section 439(1) of the Higher Education Act of 1965 // 20
USC 1087 - 2. // is amended by adding at the end thereof the following
new sentence: " The priority established in favor of the United States
by section 3466 of the Revised Statutes (31 U.S.C. 191) shall not
establish a priority over the indebtedness of the Association issued or
incurred on or before September 30, 1982.".
Approved December 29, 1981.
LEGISLATIVE HISTORY-S. 1086 (H.R. 3046):
HOUSE REPORTS: No. 97 - 70 accompanying H.R. 3046 (Comm. on
Education and Labor) and No. 97 - 386 (Comm. of Conference).
SENATE REPORT No. 97 - 159 (Comm. on Labor and Human Resources).
CONGRESSIONAL RECORD, Vol. 127 (1981):
Nov. 2, considered and passed Senate.
Nov. 20, H.R. 3046 considered and passed House; proceedings
vacated and S. 1086, amended, passed in lieu.
Dec. 11, Senate agreed to conference report.
Dec. 16, House agreed to conference report.
PUBLIC LAW 97-114, 95 STAT. 1565, DEPARTMENT OF DEFENSE APPROPRIATION
ACT, 1982.
the fiscal year ending
September 30, 1982, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 1982, for
military functions administered by the Department of Defense, and for
other purposes, namely:
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Army on active duty (except members of reserve components provided
for elsewhere), cadets, and aviation cadets; $12,447,827,000.
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Navy on active duty (except members of the Reserve provided for
elsewhere), midshipmen, and aviation cadets; $9,117,956,000.
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Marine Corps on active duty (except members of the Reserve provided
for elsewhere); $2,766,966,000.
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Air Force on active duty (except members of reserve components
provided for elsewhere), cadets, and aviation cadets; $10,305,414,000.
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army Reserve on active duty under
sections 265, 3019, and 3033 of title 10, United States Code, or while
serving on active duty under section 672(d) of title 10, United States
Code, in connection with performing duty specified in section 678(a) of
title 10, United States Code, or while undergoing reserve training, or
while performing drills or equivalent duty or other duty, and for
members of the Reserve Officers' Training Corps, and expenses authorized
by section 2131 of title 10, United States Code, as authorized by law;
$964,400,000.
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Naval Reserve on active duty under
section 265 of title 10, United States Code, or personnel while serving
on active duty under section 672(d) of title 10, United States Code, in
connection with performing duty specified in section 678(a) of title 10,
United States Code, or while undergoing reserve training, or while
performing drills or equivalent duty, and for members of the Reserve
Officers' Training Corps, and expenses authorized by section 2131 or
title 10, United States Code, as authorized by law; $346,770,000:
Provided, That funds made available for fiscal year 1982 for " Reserve
Personnel, Navy" may be transferred to the appropriation Reserve
Personnel, Navy for fiscal year 1979, in such amounts as may be needed,
but not to exceed $100,000 to liquidate obligations incurred and
chargeable to that account.
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Marine Corps Reserve on active
duty under section 265 of title 10, United States Code, or while serving
on active duty under section 672(d) of title 10, United States Code, in
connection with performing duty specified in section 678(a) of title 10,
United States Code, or while undergoing reserve training, or while
performing drills or equivalent duty, and for members of the Marine
Corps platoon leaders class, and expenses authorized by section 2131 of
title 10, United States Code, as authorized by law; $138,720,000.
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air Force Reserve on active duty
under sections 265, 8019, and 8033 of title 10, United States Code, or
while serving on active duty under section 672(d) of title 10, United
States Code, in connection with performing duty specified in section
678(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty or other duty,
and for members of the Air Reserve Officers' Training Corps, and
expenses authorized by section 2131 of title 10, United States Code, as
authorized by law; $292,073,000.
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army National Guard while on duty
under sections 265, 3033, or 3496 of title 10 or section 708 of title
32, United States Code, or while serving on active duty under section
672(d) of title 10 or section 502(f) of title 32, United States Code, in
connection with performing duty specified in section 678(a) of title 10,
United States Code, or while undergoing training, or while performing
drills or equivalent duty or other duty, and expenses authorized by
section 2131 of title 10, United States Code, as authorized by law;
$1,294,100,000.
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air National Guard on duty under
sections 265, 8033, or 8496 of title 10 or section 708 of title 32,
United States Code, or while serving on active duty under section 672(
d) of title 10 or section 502(f) of title 32, United States Code, in
connection with performing duty specified in section 678(a) of title 10,
United States Code, or while undergoing training, or while performing
drills or equivalent duty or other duty, and expenses authorized by
section 2131 of title 10, United States Code, as authorized by law;
$423,867,000.
For retired pay and retirement pay, as authorized by law, of military
personnel on the retired lists of the Army, Navy, Marine Corps, and Air
Force, including the reserve components thereof, retainer pay for
personnel of the Inactive Fleet Reserve, and payments under section 4 of
Public Law 92 - 425 and chapter 73 of title 10, United States Code; //
10 USC 1448, 1431 // $14,938,315,000.
For expenses, not otherwise provided for, necessary for the operation
and maintenance of the Army, as authorized by law; and not to exceed
$5,400,000 can be used for emergencies and extraordinary expenses, to be
expended on the approval or authority of the Secretary of the Army, and
payments may be made on his certificate of necessity for confidential
military purposes; $15,037,897,000, of which not less than $944,600,000
shall be available only for the maintenance of real property facilities.
For the Army stock fund, $176,300,000.
For expenses, not otherwise provided for, necessary for the operation
and maintenance of the Navy and the Marine Corps, as authorized by law;
and not to exceed $1,899,000 can be used for emergencies and
extraordinary expenses, to be expended on the approval or authority of
the Secretary of the Navy, and payments may be made on his certificate
of necessity for confidential military purposes; $19,385,889,000, of
which not less than $685,000,000 shall be available only for the
maintenance of real property facilities: Provided, That of the total
amount of this appropriation made available for the alteration,
overhaul, and repair of naval vessels, not more than $2,800,000,000
shall be available for the performance of such work in Navy shipyards:
Provided further, That not less than $59,000,000 shall be available only
for payments in support of the LEASAT program in accordance with the
terms of the Aide Memoire, dated January 5, 1981.
For the Navy stock fund, $9,435,000.
For expenses, not otherwise provided for, necessary for the operation
and maintenance of the Marine Corps, as authorized by law;
$1,185,540,000, of which not less than $176,800,000 shall be available
only for the maintenance of real property facilities.
For the Marine Corps stock fund, $13,334,000.
For expenses, not otherwise provided for, necessary for the operation
and maintenance of the Air Force, as authorized by law; and not to
exceed $4,091,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the Secretary
of the Air Force, and payments may be made on his certificate of
necessity for confidential military purposes; $16,079,719,000, of which
not less than $29,000,000 shall be available only for the installation
of modification kits into KC-135 aircraft, and not less than
$1,000,300,000 shall be available only for the maintenance of real
property facilities.
For the Air Force stock fund, $78,800,000.
For expenses, not otherwise provided for, necessary for the operation
and maintenance of activities and agencies of the Department of Defense
(other than the military departments), as authorized by law;
$4,985,400,000: Provided, That not to exceed $5,812,000 can be used for
emergencies and extraordinary expenses, to be expended on the approval
or authority of the Secretary of Defense, and payments may be made on
his certificate of necessity for confidential military purposes:
Provided further, That not less than $72,400,000 of the total amount of
this appropriation shall be available only for the maintenance of real
property facilities.
For the Defense stock fund, $69,000,000.
For expenses, not otherwise provided for, necessary for the operation
and maintenance, including training, organization, and administration,
of the Army Reserve; repair of facilities and equipment; hire of
passenger motor vehicles; travel and transportation; care of the dead;
recruiting; procurement of services, supplies, and equipment; and
communications; $658,150,000, of which not less than $39,000,000 shall
be available only for the maintenance of real property facilities.
For expenses, not otherwise provided for, necessary for the operation
and maintenance, including training, organization, and administration,
of the Navy Reserve; repair of facilities and equipment; hire of
passenger motor vehicles; travel and transportation; care of the dead;
recruiting; procurement of services, supplies, and equipment; and
communications; $570,940,000, of which not less than $28,200,000 shall
be available only for the maintenance of real property facilities.
For expenses, not otherwise provided for, necessary for the operation
and maintenance, including training, organization, and administration,
of the Marine Corps Reserve; repair of facilities and equipment; hire
of passenger motor vehicles; travel and transportation; care of the
dead; recruiting; procurement of services, supplies, and equipment;
and communications; $40,299,000, of which not less than $1,400,000
shall be available only for the maintenance of real property facilities.
For expenses, not otherwise provided for, necessary for the operation
and maintenance, including training, organization, and administration,
of the Air Force Reserve; repair of facilities and equipment; hire of
passenger motor vehicles; travel and transportation; care of the dead;
recruiting; procurement of services, supplies, and equipment; and
communications; $669,154,000, of which not less than $15,300,000 shall
be available only for the maintenance of real property facilities.
For expenses of training, organizing, and administering the Army
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; hire of passenger motor vehicles;
personnel services in the National Guard Bureau; travel expenses (other
than mileage), as authorized by law for Army personnel on active duty,
for Army National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard regulations
when specifically authorized by the Chief, National Guard Bureau;
supplying and equipping the Army National Guard as authorized by law;
and expenses of repair, modification, maintenance, and issue of supplies
and equipment (including aircraft); $1,087,950,000, of which not less
than $27,000,000 shall be available only for the maintenance of real
property facilities.
For operation and maintenance of the Air National Guard, including
medical and hospital treatment and related expenses in non-Federal
hospitals; maintenance, operation, repair, and other necessary expenses
of facilities for the training and administration of the Air National
Guard, including repair of facilities, maintenance, operation, and
modification of aircraft; transportation of things; hire of passenger
motor vehicles; supplies, materials, and equipment, as authorized by
law for the Air National Guard; and expenses incident to the
maintenance and use of supplies, materials, and equipment, including
such as may be furnished from stocks under the control of agencies of
the Department of Defense; travel expenses (other than mileage) on the
same basis as authorized by law for Air National Guard personnel on
active Federal duty, for Air National Guard commanders while inspecting
units in compliance with National Guard regulations when specifically
authorized by the Chief, National Guard Bureau; $1,646,418,000, of
which not less than $37,300,000 shall be available only for the
maintenance of real property facilities.
Army
For the necessary expenses, in accordance with law, for construction,
equipment, and maintenance of rifle ranges; the instruction of citizens
in marksmanship; the promotion of rifle practice; and the travel of
rifle teams, military personnel, and individuals attending regional,
national, and international competitions; $845,000, of which not to
exceed $7,500 shall be available for incidental expenses of the National
Board; and from other funds provided in this Act, not to exceed
$680,000 worth of ammunition may be issued under authority of title 10,
United States Code, section 4311: Provided, That competitors at
national matches under title 10, United States Code, section 4312, may
be paid subsistence and travel allowances in excess of the amounts
provided under title 10, United States Code, section 4313.
For payment, not otherwise provided for, of claims authorized by law
to be paid by the Department of Defense (except for civil functions),
including claims for damages arising under training contracts with
carriers, and repayment of amounts determined by the Secretary
concerned, or officers designated by him, to have been erroneously
collected from military and civilian personnel of the Department of
Defense, or from States, territories, or the District of Columbia, or
members of the National Guard units thereof; $155,700,000.
For salaries and expenses necessary for the United States Court of
Military Appeals; $2,607,000, and not to exceed $1,500 can be used for
official representation purposes.
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, without regard to section 4774,
title 10, United States Code, for the foregoing purposes, and such lands
and interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title as required by section 355, Revised
Statutes, // 40 USC 255. // as amended; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor--, owned
equipment layaway; and other expenses necessary for the foregoing
purposes; $1,911,100,000: Provided, That notwithstanding any other
provision of this Act, after the head of the agency concerned gives
written notification of a proposed multiyear contract for the purchase
of the UH-60A Black Hawk aircraft to the Committees on Armed Services
and on Appropriations of the Senate and House of Representatives, such
contract may not then be awarded until the end of a period of 45 days
beginning on the date of such notification, to remain available for
obligation until September 30, 1984.
For construction, procurement, production, modification, and
modernization of missiles, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, without regard to section 4774,
title 10, United States Code, for the foregoing purposes, and such lands
and interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title as required by section 355, Revised
Statutes, as amended; and procurement and installation of equipment,
appliances, and machine tools in public and private plants; reserve
plant and Government and contractor--, owned equipment layaway; and
other expenses necessary for the foregoing purposes; $2,131,200,000, to
remain available for obligation until September 30, 1984.
Army
For construction, procurement, production, and modification of
weapons and tracked combat vehicles, equipment, including ordnance,
spare parts, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, without regard to section 4774, title 10,
United States Code, for the foregoing purposes, and such lands and
interests therein may be acquired, and construction prosecuted thereon
prior to approval of title as required by section 355, Revised Statutes,
// 40 USC 255. // as amended; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes;
$3,825,200,000, of which $1,900,000 shall be available only for the
continued testing and evaluation of 9 mm handguns without delay, to
remain available for obligation until September 30, 1984.
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities authorized in military construction authorization
Acts or authorized by section 2673, title 10, United States Code, and
the land necessary therefor, without regard to section 4774, title 10,
United States Code, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title as required by section 355, Revised Statutes,
as amended; and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other expenses
necessary for the foregoing purposes; $2,381,900,000, to remain
available for obligation until September 30, 1984.
For construction, procurement, production, and modification of
vehicles, including tactical, support (including not to exceed 14
vehicles required for physical security of personnel notwithstanding
price limitations applicable to passenger carrying vehicles but not to
exceed $100,000 per vehicle), and nontracked combat vehicles; the
purchase of not to exceed two thousand seven hundred and fifteen
passenger motor vehicles for replacement only; communications and
electronic equipment; other support equipment; spare parts, ordnance
and accessories therefor; specialized equipment and training devices;
expansion of public and private plants, including the land necessary
therefor, without regard to section 4774, title 10, United States Code,
for the foregoing purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of title
as required by section 355, Revised Statutes, as amended; and
procurement and installation of equipment, appliances, and machine tools
in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes; $3,721,971,000, to remain available for
obligation until September 30, 1984.
For military equipment for Army National Guard units, $50,000,000, to
remain available until September 30, 1984.
For construction, procurement, production, modification, and
moderization of aircraft, equipment including ordnance, spare parts, and
accessories therefor; specialized equipment; expansion of public and
private plants, including the land necessary therefor, and such lands
and interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title as required by section 355, Revised
Statutes, // 40 USC 255. // as amended; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; $9,115,800,000, of which $37,000,000 shall be
available only for purchase of C-2 aircraft under a multiyear contract,
to remain available for obligation until September 30, 1984.
For construction, procurement, production, modification, and
modernization of missiles, torpedoes, other weapons, and related support
equipment including spare parts, and accessories therefor; expansion of
public and private plants, including the land necessary therefor, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title as required by section
355, Revised Statutes as amended; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway;
$3,207,100,000, to remain available for obligation until September 30,
1984.
For expenses necessary for the construction, acquisition, or
conversion of vessels as authorized by law, including armor and armament
thereof, plant equipment, appliances, and machine tools and installation
thereof in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; procurement of critical, long
leadtime components and designs for vessels to be constructed or
converted in the future; and expansion of public and private plants,
including land necessary therefor, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to approval
of title as required by section 355, Revised Statutes, as amended, as
follows: for the Trident submarine program, $315,600,000; for the CVN
aircraft carrier program, $475,000,000; for the SSN-688 nuclear attack
submarine program, $1,351,000,000; for the reactivation of the U.S.S.
New Jersey, $237,000,000; for the reactivation of the U.S.S. Iowa,
$88,000,000; for the aircraft carrier service life extension program,
$81,000,000; for the CG-47 AEGIS cruiser program, $2,929,300,000; for
the LSD-41 landing ship dock program, $301,000,000; for the LHA/LHDX
helicopter assault ship program, $45,000,000; for the FFG guided
missile frigate program, $926,100,000; for the MCM mine countermeasures
ship program, $99,700,000; for the T-AO fleet oiler ship program,
$200,000,000; for the T-AGOS SURTASS ship program, $156,500,000; for
the ARS salvage ship program, $135,500,000; for the T-AKRX fast
logistics ship program, $307,600,000; for the T-AFS Lyness conversion
program, $37,000,000; for craft, outfitting, post delivery, cost
growth, and escalation on prior year programs, $754,700,000; for
acquisition, construction, and improvement, Coast Guard, $300,000,000,
to be allocated to the Coast Guard: " Acquisition, Construction and
Improvements"; and in addition, $117,500,000 of which $15,100,000 shall
be derived by transfer from the " Trident submarine program" of "
Shipbuilding and Conversion, Navy 1979/1983", and $58,000,000 shall be
derived by transfer from the "maritime prepositioning ship programs" of
" Shipbuilding and Conversion, Navy, 1981/1985", and $44,400,000 shall
be derived by transfer from the "fast logistics ship (T-AKRX) program"
of " Shipbuilding and Conversion, Navy, 1981/1985"; and reductions in
the amounts, as follows: $12,000,000 for inflation offsets;
$13,700,000 for consultant, studies and analyses; and $11,900,000 for
Army Guard and Reserve equipment transfer; in all: $8,821,400,000, and
in addition, $117,500,000 to be derived by transfer, to remain available
for obligation until September 30, 1986: Provided, That of the
appropriation for " Shipbuilding and Conversion, Navy", that expired for
obligation on September 30, 1981, $119,000,000 shall remain available
for obligation until September 30, 1983: Provided further, That none of
the funds herein provided for the construction or conversion of any
naval vessel to be constructed in shipyards in the United States shall
be expended in foreign shipyards for the construction of major
components of the hull or superstructure of such vessel: Provided
further, That none of the funds herein provided shall be used for the
construction of any naval vessel in foreign shipyards.
For procurement, production, and modernization of support equipment
and materials not otherwise provided for, Navy ordnance and ammunition
(except ordnance for new aircraft, new ships, and ships authorized for
conversion); the purchase of not to exceed three hundred and four
passenger motor vehicles for replacement only; expansion of public and
private plants, including the land necessary therefor, and such lands
and interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title as required by section 355, Revised
Statutes, // 40 USC 255. // as amended; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; $3,708,777,000, to remain available for obligation
until September 30, 1984.
For expenses necessary for the procurement, manufacture, and
modification of missiles, armament, ammunition, military equipment,
spare parts, and accessories therefor; plant equipment, appliances, and
machine tools, and installation thereof in public and private plants;
reserve plant and Government and contractor-owned equipment layaway;
and vehicles for the Marine Corps, including purchase of not to exceed
one hundred and nine passenger motor vehicles for replacement only;
$1,711,456,000, to remain available for obligation until September 30,
1984.
For construction, procurement, and modification of aircraft and
equipment, including armor and armament, specialized ground handling
equipment, and training devices, spare parts, and accessories therefor;
specialized equipment; expansion of public and private plants,
Government-owned equipment and installation thereof in such plants,
erection of structures, and acquisition of land without regard to
section 9774 of title 10, United States Code, for the foregoing
purposes, and such lands interests therein, may be acquired, and
construction prosecuted thereon prior to the approval of title as
required by section 355, Revised Statutes, // 40 USC 255. // as
amended; reserve plant and Government and contractor-owned equipment
layaway; and other expenses necessary for the foregoing purposes
including rents and transportation of things; $13,818,998,000, of which
$102,800,000 shall be available only for a classified program, and of
which $1,817,600,000 shall be available only for purchase of F-16
aircraft under a multiyear contract, and $1,801,000,000 shall be
available only for purchase of B-1B aircraft when the President
certifies to the Congress that it is feasible to accomplish the program
for the purchase of 100 B-1B aircraft at a total program cost of not to
exceed $20,500,000,000 (in constant fiscal year 1981 dollars), or in
such other amount as the President certifies and explains to the
Congress, and such funds for the purchase of B-1B aircraft shall remain
available during any quarter that the total program cost of 100 B-1B
aircraft is included in any Selected Acquisition Report required for the
B-1B program for the previous quarter by section 811 of the Department
of Defense Appropriation Authorization Act, 1976 (10 U.S.C. 139 note),
$56,000,000 shall be available only for the procurement of B-707
aircraft to provide for engines and parts to reengine KC-135 aircraft,
and $344,300,000 shall be available for contribution of the United
States share of the cost of the acquisition by the North Atlantic Treaty
Organization of an Airborne Early Warning and Control System (AWACS)
and, in addition, the Department of Defense may make a commitment to the
North Atlantic Treaty Organization to assume the United States share of
contingent liability in connection with the NATO E-3A Cooperative
Programme, and $89,700,000 shall be derived by transfer from " Aircraft
Procurement, Air Force, 1981/1983", to remain available for obligation
until September 30, 1984.
For construction, procurement, and modification of missiles,
spacecraft, rockets, and related equipment, including spare parts and
accessories therefor, ground handling equipment, and training devices;
expansion of public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures, and
acquisition of land without regard to section 9774 of title 10, United
States Code, for the foregoing purposes, and such lands and interests
therein, may be acquired and construction prosecuted thereon prior to
the approval of title as required by section 355, Revised Statutes, as
amended; reserve plant and Government and contractor-owned equipment
layaway; and other expenses necessary for the foregoing purposes
including rents and transportation of things; $4,559,550,000, of which
$624,400,000 shall be available only for a classified program, to remain
available for obligation until September 30, 1984.
For procurement and modification of equipment (including ground
guidance and electronic control equipment, and ground electronic and
communication equipment), and supplies, materials, and spare parts
therefor, not otherwise provided for; the purchase of not to exceed
nine hundred and sixty-one passenger motor vehicles for replacement
only; and expansion of public and private plants, Government-owned
equipment and installation thereof in such plants, erection of
structures, and acquisition of land without regard to section 9774 of
title 10, United States Code, for the foregoing purposes, and such lands
and interests therein, may be acquired, and construction prosecuted
thereon, prior to the approval of title as required by section 355,
Revised Statutes, // 40 USC 255. // as amended; reserve plant and
Government and contractor-owned equipment layaway; $5,365,633,000, and
in addition, $800,000 which shall be derived by transfer from " Other
procurement, Air Force, 1981/1983", of which $67,200,000 shall be
available only for purchase of AN/TRC-170 radios under a multiyear
contract and for related support, to remain available for obligation
until September 30, 1984.
For expenses of activities and agencies of the Department of Defense
(other than the military departments) necessary for procurement,
production, and modification of equipment, supplies, materials, and
spare parts therefor, not otherwise provided for; the purchase of not
to exceed three hundred and eighty-eight passenger motor vehicles of
which two hundred and forty-three shall be for replacement only;
expansion of public and private plants, equipment, and installation
thereof in such plants, erection of structures, and acquisition of land
for the foregoing purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to the approval of
title as required by section 355, Revised Statutes, as amended; reserve
plant and Government and contractor-owned equipment layaway;
$511,500,000, to remain available for obligation until September 30,
1984.
For expenses necessary for basic and applied scientific research,
development, test, and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment, as
authorized by law; $3,609,535,000, to remain available for obligation
until September 30, 1983.
For expenses necessary for basic and applied scientific research,
development, test, and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment, as
authorized by law; $5,844,357,000, to remain available for obligation
until September 30, 1983.
Force
For expenses necessary for basic and applied scientific research,
development, test, and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment, as
authorized by law; $8,659,610,000, of which $334,000,000 shall be
available only for Research and Development related to initial
deployment of the MX missile in nonsuperhardened existing silos in a
manner compatible with a permanent basing mode which could include th
addition to existing silos of ballistic missile defense, the provision
of location uncertainty for offensive missiles and defensive systems,
and superhardening and subsequent deployment in a permanent basing mode
to be recommended to the Congress by the Secretary of Defense no later
than July 1, 1983, to remain available for obligation until September
30, 1983.
For expenses of activities agencies of the Department of Defense (other
than the military departments), necessary for basic and applied
scientific research, development, test, and evaluation; advanced
research projects as may be designated and determined by the Secretary
of Defense, pursuant to law; maintenance, rehabilitation, lease, and
operation of facilities and equipment, as authorized by law;
$1,692,646,000, to remain available for obligation until September 30,
1983: Provided, That such amounts as may be determined by the Secretary
of Defense to have been made available in other appropriations available
to the Department of Defense during the current fiscal year for programs
related to advanced research may be transferred to and merged with this
appropriation to be available for the same purposes and time period:
Provided further, That such amounts of this appropriation as may be
determined by the Secretary of Defense may be transferred to carry out
the purposes of advanced research to those appropriations for military
functions under the Department of Defense which are being utilized for
related programs to be merged with and to be available for the same time
period as the appropriation to which transferred.
For expenses, not otherwise provided for, of independent activities
of the Director of Defense Test and Evaluation in the direction and
supervision of test and evaluation, including initial operational
testing and evaluation; and performance of joint testing and
evaluation; and administrative expenses in connection therewith;
$53,000,000, to remain available for obligation until September 30,
1983.
For payment in foreign currencies which the Treasury Department
determines to be excess to the normal requirements of the United States
for expenses in carrying out programs of the Department of Defense, as
authorized by law; $3,083,000, to remain available for obligation until
September 30, 1983: Provided, That this appropriation shall be
available in addition to other appropriations to such Department, for
payments in the foregoing currencies.
Sec. 701. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, pursuant to 5 U.S.
C. 3109, shall be limited to those contracts where such expenditures are
a matter of public record and available for public inspection, except
where otherwise provided under existing law, or under existing Executive
order issued pursuant to existing law.
Sec. 702. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes not authorized by the
Congress.
Sec. 703. During the current fiscal year, the Secretary of Defense
and the Secretaries of the Army, Navy, and Air Force, respectively, if
they should deem it advantageous to the national defense, and if in
their opinions the existing facilities of the Department of Defense are
inadequate, are authorized to procure services in accordance with
section 3109 of title 5, United States Code, under regulations
prescribed by the Secretary of Defense, and to pay in connection
therewith travel expenses of individuals, including actual
transportation and per diem in lieu of subsistence while traveling from
their homes or places of business to official duty stations and return
as may be authorized by law: Provided, That such contracts may be
renewed annually.
Sec. 704. // 31 USC 700. // During the current fiscal year,
provisions of law prohibiting the payment of compensation to, or
employment of, any person not a citizen of the United States shall not
apply to personnel of the Department of Defense.
Sec. 705. Appropriations contained in this Act shall be available
for insurance of official motor vehicles in foreign countries, when
required by laws of such countries; payments in advance of expenses
determined by the investigating officer to be necessary and in accord
with local custom for conducting investigations in foreign countries
incident to matters relating to the activities of the department
concerned; reimbursement to General Services Administration for
security guard services for protection of confidential files; and all
necessary expenses, at the seat of government of the United States of
America or elsewhere, in connection with communication and other
services and supplies as may be necessary to carry out the purposes of
this Act.
Sec. 706. // 31 USC 649a. // Any appropriation available to the
Army, Navy, or Air Force may, under such regulations as the Secretary
concerned may prescribe, be used for expenses incident to the
maintenance, pay, and allowances of prisoners of war, other persons in
Army, Navy, or Air Force custody whose status is determined by the
Secretary concerned to be similar to prisoners of war, and persons
detained in such custody pursuant to Presidential proclamation.
Sec. 707. Appropriations available to the Department of Defense for
the current fiscal year for maintenance or construction shall be
available for acquisition of land or interest therein as authorized by
section 2672 or 2675 of title 10, United States Code.
Sec. 708. Appropriations for the Department of Defense for the
current fiscal year shall be available (a) for transportation to primary
and secondary schools of minor dependents of military and civilian
personnel of the Department of Defense as authorized for the Navy by
section 7204 of title 10, United States Code; (b) for expenses in
connection with administration of occupied areas; (c) for payment of
rewards as authorized for the Navy by section 7209(a) of title 10,
United States Code, for information leading to the discovery of missing
naval property or the recovery thereof; (d) for payment of deficiency
judgments and interests thereon arising out of condemnation proceedings;
(e) for leasing of buildings and facilities including payment of
rentals for special purpose space at the seat of government, and in the
conduct of field exercises and maneuvers or, in administering the
provisions of title 43, United States Code, section 315q, rentals may be
paid in advance; (f) payments under contracts for maintenance of tools
and facilities for twelve months beginning at any time during the fiscal
year; (g) maintenance of defense access roads certified as important to
national defense in accordance with section 210 of title 23, United
States Code; (h) for the purchase of milk for enlisted personnel of the
Department of Defense heretofore made available pursuant to section
1446a, title 7, United States Code, and the cost of milk so purchased,
as determined by the Secretary of Defense, shall be included in the
value of the commuted ration; (i) transporting civilian clothing to the
home of record of selective service inductees and recruits on entering
the military services; (j) payments under leases for real or personal
property, including maintenance thereof when contracted for as a part of
the lease agreement, for twelve months beginning at any time during the
fiscal year; (k) pay and allowances of not to exceed nine persons,
including personnel detailed to International Military Headquarters and
Organizations, at rates provided for under section 625(d)(1) of the
Foreign Assistance Act of 1961, // 22 USC 2385. // as amended; (1) the
purchase of right-hand-drive vehicles not to exceed $12,000 per vehicle;
(m) for payment of unusual cost overruns incident to ship overhaul,
maintenance, and repair for ships inducted into industrial fund
activities or contracted for in prior fiscal years: Provided, That the
Secretary of Defense shall notify the Congress promptly prior to
obligation of any such payments; and (n) for payments from annual
appropriations to industrial fund activities and/or under contract for
changes in scope of ship overhaul, maintenance, and repair after
expiration of such appropriations, for such work either inducted into
the industrial fund activity or contracted for in that fiscal year.
Sec. 709. // 10 USC 858 // Appropriations for the Department of
Defense for the current fiscal year shall be available for: (a)
donations of not to exceed $25 to each prisoner upon each release from
confinement in military or contract prison and to each person discharged
for fraudulent enlistment; (b) authorized issues of articles to
prisoners, applicants for enlistment and persons in military custody;
(c) subsistence of selective service registrants called for induction,
applicants for enlistment, prisoners, civilian employees as authorized
by law, and supernumeraries when necessitated by emergent military
circumstances; (d) reimbursement for subsistence of enlisted personnel
while sick in hospitals; (e) expenses of prisoners confined in
nonmilitary facilities; (f) military courts, boards, and commissions;
(g) utility services for buildings erected at private cost, as
authorized by law, and buildings on military reservations authorized by
regulations to be used for welfare and recreational purposes; (h)
exchange fees, and losses in the accounts of disbursing officers or
agents in accordance with law; (i) expenses of Latin American
cooperation as authorized for the Navy by law (10 U. S.C. 7208); // 10
USC 807 // and (j) expenses of apprehension and delivery of deserters,
prisoners, and members absent without leave, including payment of
rewards of not to exceed $75 in any one case.
Sec. 710. The Secretary of Defense and each purchasing and
contracting agency of the Department of Defense shall assist American
small and minority-owned business to participate equitably in the
furnishing of commodities and services financed with funds appropriated
under this Act by increasing, to an optimum level, the resources and
number of personnel jointly assigned to promoting both small and
minority business involvement in purchases financed with funds
appropriated herein, and by making available or causing to be made
available to such businesses, information, as far in advance as
possible, with respect to purchases proposed to be financed with funds
appropriated under this Act, and by assisting small and minority
business concerns to participate equitably as subcontractors on
contracts financed with funds appropriated herein, and by otherwise
advocating and providing small and minority business opportunities to
participate in the furnishing of commodities and services financed with
funds appropriated by this Act.
Sec. 711. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 712. // 50 USC 100a // During the current fiscal year no funds
available to agencies of the Departmnt of Defense shall be used for the
operation, acquistiton, or construction of new facilities or equipment
for new facilities in the continental limits of the United States for
metal scrap bailing or shearing or for melting or sweating aluminum
scrap unless the Secretary of Defense or an Assistant Secretary of
Defense designated by him determines, with respect to each facility
involved, that the operation of such facility is in the national
interest.
Sec. 713. (a) During the current fiscal year, the President may
exempt appropriations, funds, and contract authorizations, available for
military functions under the Department of Defense, from the provisions
of subsection (c) of section 3679 of the Revised Statutes, // 31 USC
665. // as amended, whenever he deems such action to be necessary in
the interest of national defense.
(b) Upon determination by the President that such action is
necessary, the Secretary of Defense is authorized to provide for the
cost of an airborne alert as an excepted expense in accordance with the
provisions of section 3732 of the Revised Statutes (41 U.S.C. 11).
(c) Upon determination by the President that it is necessary to
increase the number of military personnel on active duty subject to
existing laws beyond the number for which funds are provided in this
Act, the Secretary of Defense is authorized to provide for the cost of
such increased military personnel, as an excepted expense in accordance
with the provisions of section 3732 of the Revised Statutes (41 U.S.C.
11).
(d) The Secretary of Defense shall immediately advise Congress of the
exercise of any authority granted in this section, and shall report
monthly on the estimated obligations incurred pursuant to subsections
(b) and (c).
Sec. 714. No appropriation contained in this Act shall be available
in connection with the operation of commissary stores of the agencies of
the Department of Defense for the cost of purchase (including commercial
transportation in the United States to the place of sale but excluding
all transportation outside the United States) and maintenance of
operating equipment and supplies, and for the actual or estimated cost
of utilities as may be furnished by the Government and of shrinkage,
spoilage, and pilferage of merchandise under the control of such
commissary stores, except as authorized under regulations promulgated by
the Secretaries of the military departments concerned with the approval
of the Secretary of Defense, which regulations shall provide for
reimbursement therefor to the appropriations concerned and,
notwithstanding any other provision of law, shall provide for the
adjustment of the sales prices in such commissary stores to the extent
necessary to furnish sufficient gross revenues from sales of commissary
stores to make such reimbursement: Provided, That under such
regulations as may be issued pursuant to this section all utilities may
be furnished without cost to the commissary stores outside the
continental United States and in Alaska: Provided further, That no
appropriation contained in this Act shall be available to pay any costs
incurred by any commissary store or other entity acting on behalf of any
commissary store in connection with obtaining the face value amount of
manufacturer or vendor cents-off discount coupons unless all fees or
moneys received for handling or processing such coupons are reimbursed
to the appropriation charged with the incurred costs: Provided further,
That no appropriation contained in this Act shall be available in
connection with the operation of commissary stores within the
continental United States unless the Secretary of Defense has certified
that items normally procured from commissary stores are not otherwise
available at a reasonable distance and a reasonable price in
satisfactory quality and quantity to the military and civilian employees
of the Department of Defense.
Sec. 715. No part of the appropriations in this Act shall be
available for any expense of operating aircraft under the jurisdiction
of the armed forces for the purpose of proficiency flying, as defined in
Department of Defense Directive 1340.4, except in accordance with
regulations prescribed by the Secretary of Defense. Such regulations
(1) may not require such flying except that required to maintain
proficiency in anticipation of a member's assignment to combat
operations and (2) such flying may not be permitted in cases of members
who have been assigned to a course of instruction of ninety days or
more.
Sec. 716. No part of any appropriation contained in this Act shall
be available for expense of transportation, packing, crating, temporary
storage, drayage, and unpacking of household goods and personal effects
in any one shipment having a net weight in excess of thirteen thousand
five hundred pounds.
Sec. 717. // 40 USC 483a. // Vessels under the jurisdiction of the
Department of Commerce, the Department of the Army, the Department of
the Air Force, or the Department of the Navy may be transferred or
otherwise made available without reimbursement to any such agencies upon
the request of the head of one agency and the approval of the agency
having jurisdiction of the vessels concerned.
Sec. 718. Not more than 20 per centum of the appropriations in this
Act which are limited for obligation during the current fiscal year
shall be obligated during the last two months of the fiscal year:
Provided, That this section shall not apply to obligations for support
of active duty training of civilian components or summer camp training
of the Reserve Officers' Training Corps, or the National Board for the
Promotion of Rifle Practice, Army.
Sec. 719. During the current fiscal year the agencies of the
Department of Defense may accept the use of real property from foreign
countries for the United States in accordance with mutual defense
agreements or occupational arrangements and may accept services
furnished by foreign countries as reciprocal international courtesies or
as services customarily made available without charge; and such
agencies may use the same for the support of the United States forces in
such areas without specific appropriation therefor.
In addition to the foregoing, agencies of the Department of Defense
may accept real property, services, and commodities from foreign
countries for the use of the United States in accordance with mutual
defense agreements or occupational arrangements and such agencies may
use the same for the support of the United States forces in such areas,
without specific appropriations therefor: Provided, That the foregoing
authority shall not be available for the conversion of heating plants
from coal to oil at defense facilities in Europe: Provided further,
That within thirty days after the end of each quarter the Secretary of
Defense shall render to Congress and to the Office of Management and
Budget a full report of such property, supplies, and commodities
received during such quarter.
Sec. 720. During the current fiscal year, appropriations available
to the Department of Defense for research and development may be used
for the purposes of section 2353 of title 10, United States Code, and
for purposes related to research and development for which expenditures
are specifically authorized in other appropriations of the service
concerned.
Sec. 721. No appropriation contained in this Act shall be available
for the payment of more than 75 per centum of charges of educational
institutions for tuition or expenses of off-duty training of military
personnel (except with regard to such charges of educational
institutions (a) for enlisted personnel in the pay grade E-5 or higher
with less than 14 years' service, for which payment of 90 per centum may
be made of (b) for military personnel in off-duty high school completion
programs, for which payment of 100 per centum may be made), nor for the
payment of any part of tuition or expenses for such training for
commissioned personnel who do not agree to remain on active duty for two
years after completion of such training.
Sec. 722. // 10 USC 2103 // No part of the funds appropriated herein
shall be expended for the support of any formally enrolled student in
basic courses of the senior division, Reserve Officers' Training Corps,
who has not executed a certificate of loyalty or loyalty oath in such
form as shall be prescribed by the Secretary of Defense.
Sec. 723. No part of any appropriation contained in this Act, except
for small purchases in amounts not exceeding $10,000, shall be available
for the procurement of any article of food, clothing, cotton, woven silk
or woven silk blends, spun silk yarn for cartridge cloth, synthetic
fabric or coated synthetic fabric, or wool (whether in the form of fiber
or yarn or contained in fabrics, materials, or manufactured articles),
or specialty metals including stainless steel flatware, not grown,
reprocessed, reused, or produced in the United States or its
possessions, except to the extent that the Secretary of the Department
concerned shall determine that satisfactory quality and sufficient
quantity of any articles of food or clothing or any form of cotton,
woven silk and woven silk blends, spun silk yarn for cartridge cloth,
synthetic fabric or coated synthetic fabric, wool, or specialty metals
including stainless steel flatware, grown, reprocessed, reused, or
produced in the United States or its possessions cannot be procured as
and when needed at United States market prices and except procurements
outside the United States in support of combat operations, procurements
by vessels in foreign waters, and emergency procurements or procurements
of perishable foods by establishments located outside the United States
for the personnel attached thereto: Provided, That nothing herein shall
preclude the procurement of foods manufactured or processed in the
United States or its possessions: Provided further, That no funds
herein appropriated shall be used for the payment of a price
differential on contracts hereafter made for the purpose of relieving
economic dislocations other than certain contracts not involving fuel
made on a test basis by the Defense Logistics Agency with a cumulative
value not to exceed $5,000,000,000, as may be determined by the
Secretary of Defense pursuant to existing laws and regulations as not to
be inappropriate therefor by reason of national security considerations:
Provided further, That the Secretary specifically determines that there
is a reasonable expectation that offers will be obtained from a
sufficient number of eligible concerns so that awards of such contracts
will be made at a reasonable price and that no award shall be made for
such contracts if the price differential exceeds 5 per centum: Provided
further, That none of the funds appropriated in this Act shall be used
except that, so far as practicable, all contracts shall be awarded on a
formally advertised competitive bid basis to the lowest responsible
bidder.
Sec. 724. None of the funds appropriated by this Act shall be used
for the construction, replacement, or reactivation of any bakery,
laundry, or drycleaning facility in the United States, its territories
or possessions, as to which the Secretary of Defense does not certify in
writing, giving his reasons therefor, that the services to be furnished
by such facilities are not obtainable from commercial sources at
reasonable rates.
Sec. 725. None of the funds appropriated by this Act may be
obligated under section 206 of title 37, United States Code, for
inactive duty training pay of a member of the National Guard or a member
of a reserve component of a uniformed service for more than four periods
of equivalent training, instruction, duty or appropriate duties that are
performed instead of that member's regular period of instruction or
regular period appropriate duty.
Sec. 726. Appropriations contained in this Act shall be available
for the purchase of household furnishings, and automobiles from military
and civilian personnel on duty outside the continental United States,
for the purpose of resale at cost to incoming personnel, and for
providing furnishings, without charge, in other than public quarters
occupied by military or civilian personnel of the Department of Defense
on duty outside the continental United States or in Alaska, upon a
determination, under regulations approved by the Secretary of Defense,
that such action is advantageous to the Government.
Sec. 727. During the current fiscal year, appropriations available
to the Department of Defense for pay of civilian employees shall be
available for uniforms, or allowances therefor, as authorized by law (5
U.S.C. 5901; 80 Stat. 508).
Sec. 728. Funds provided in this Act for legislative liaison
activities of the Department of the Army, the Department of the Navy,
the Department of the Air Force, and the Office of the Secretary of
Defense shall not exceed $7,500,000 for the current fiscal year:
Provided, That this amount shall be available for apportionment to the
Department of the Army, the Department of the Navy, the Department of
the Air Force, and the Office of the Secretary of Defense as determined
by the Secretary of Defense.
Sec. 729. Of the funds made available by this Act for the services
of the Military Airlift Command, $100,000,000 shall be available only
for procurement of commercial transportation service from carriers
participating in the civil reserve air fleet program; and the Secretary
of Defense shall utilize the services of such carriers which qualify as
small businesses to the fullest extent found practicable: Provided,
That the Secretary of Defense shall specify in such procurement,
performance characteristics for aircraft to be used based upon modern
aircraft operated by the civil reserve air fleet.
Sec. 730. During the current fiscal year, appropriations available
to the Department of Defense for operation may be used for civilian
clothing, not to exceed $40 in cost for enlisted personnel: (1)
discharged for misconduct, unsuitability, or otherwise than honorably;
(2) sentenced by a civil court to confinement in a civil prison or
interned or discharged as an alien enemy; or (3) discharged prior to
completion of recruit training under honorable conditions for
dependency, hardship, minority, disability, or for the convenience of
the Government.
Sec. 731. No part of the funds appropriated herein shall be
available for paying the costs of advertising by any defense contractor,
except advertising for which payment is made from profits, and such
advertising shall not be considered a part of any defense contract cost.
The prohibition contained in this section shall not apply with respect
to advertising conducted by any such contractor, in compliance with
regulations which shall be promulgated by the Secretary of Defense,
solely for (1) the recruitment by the contractor of personnel required
for the performance by the contractor of obligations under a defense
contract, (2) the procurement of scarce items required by the contractor
for the performance of a defense contract, or (3) the disposal of scrap
or surplus materials acquired by the contractor in the performance of a
defense contract.
Sec. 732. Funds appropriated in this Act for maintenance and repair
of facilities and Installations shall not be available for acquisition
of new facilities, or alteration, expansion, extension, or addition of
existing facilities, as defined in Department of Defense Directive
7040.2, dated January 18, 1961, in excess of $100,000: Provided, That
the Secretary of Defense may amend or change the said directive during
the current fiscal year, consistent with the purpose of this section.
Sec. 733. Upon determination by the Secretary of Defense that such
action is necessary in the national interest, he may, with the approval
of the Office of Management and Budget, transfer not to exceed
$750,000,000 of working capital funds of the Department of Defense or
funds made available in this Act to the Department of Defense for
military functions (except military construction) between such
appropriations or funds or any subdivision thereof, to be merged with
and to be available for the same purposes, and for the same time period,
as the appropriation or fund to which transferred: Provided, That such
authority to transfer may not be used unless for higher priority items,
based on unforeseen military requirements, than those for which
originally appropriated and in no case where the item for which funds
are requested has been denied by Congress: Provided further, That the
Secretary of Defense shall notify the Congress promptly of all transfers
made pursuant to this authority.
Sec. 734. During the current fiscal year, cash balances in working
capital funds of the Department of Defense established pursuant to
section 2208 of title 10, United States Code, may be maintained in only
such amounts as are necessary at any time for cash disbursements to be
made from such funds: Provided, That transfers may be made between such
funds in such amounts as may be determined by the Secretary of Defense,
with the approval of the Office of Management and Budget, except that
transfers between a stock fund account and an industrial fund account
may not be made unless the Secretary of Defense has notified the
Congress of the proposed transfer. Except in amounts equal to the
amounts appropriated to working capital funds in this Act, no
obligations may be made against a working capital fund to procure war
reserve material inventory, unless the Secretary of Defense has notified
the Congress prior to any such obligation.
Sec. 735. Not more than $206,100,000 of the funds appropriated by
this Act shall be made available for payment to the Federal Employees
Compensation Fund, as established by 5 U.S.C. 8147.
Sec. 736. No part of the funds appropriated under this Act shall be
used to provide a loan, guarantee of a loan, or a grant to any applicant
who has been convicted by any court of general jurisdiction of any crime
which involves the use of or the assistance to others in the use of
force, trespass, or the seizure of property under control of an
institution of higher education to prevent officials or students at such
an institution from engaging in their duties or pursuing their studies.
Sec. 737. None of the funds available to the Department of Defense
shall be utilized for the conversion of heating plants from coal to oil
at defense facilities in Europe.
Sec. 738. None of the funds appropriated by this Act shall be
available for any resear Ch involving uninformed or nonvoluntary human
beings as experimental subjects.
Sec. 739. Appropriations for the current fiscal year for operation
and maintenance of the active forces shall be available for medical and
dental care of personnel entitled thereto by law or regulation
(including charges of private facilities for care of military personnel,
except elective private treatment); welfare and recreation; hire of
passenger motor vehicles; repair of facilities; modification of
personal property; design of vessels; industrial mobilization;
installation of equipment in public and private plants; military
communications facilities on merchant vessels; acquisition of services,
special clothing, supplies, and equipment; and expenses for the Reserve
Officers' Training Corps and other units at educational institutions.
Sec. 740. No part of the funds in this Act shall be available to
prepare or present a request to the Committees on Appropriations for the
reprogramming of funds, unless for higher priority items, based on
unforeseen military requirements, than those for which originally
appropriated and in no case where the item for which reprogramming is
requested has been denied by the Congress.
Sec. 741. No funds appropriated by this Act shall be available to
pay claims for nonemergency inpatient hospital care provided under the
Civilian Health and Medical Program of the Uniformed Services for
services available at a facility of the uniformed services within a
40-mile radius of the patient's residence: Provided, That the foregoing
limitation shall not apply to payments that supplement primary coverage
provided by other insurance plans or programs that pay for at least 75
per centum of the covered services.
Sec. 742. None of the funds contained in this Act available for the
Civilian Health and Medical Program of the Uniformed Services under the
provisions of section 1079(a) of title 10, United States Code, shall be
available for (a) services of pastoral counselors, or family and child
counselors, or marital counselors unless the patient has been referred
to such counselor by a medical doctor for treatment of a specific
problem with results of that treatment to be communicated back to the
physician who made such referral; (b) special education, except when
provided as secondary to the active psychiatric treatment on an
institutional inpatient basis; (c) therapy or counseling for sexual
dysfunctions or sexual inadequacies; (d) treatment of obesity when
obesity is the sole or major condition treated; (e) surgery which
improves physical appearance but which is not expected to significantly
restore functions including, but not limited to, mammary augmentation,
face lifts and sex gender changes except that breast reconstructive
surgery following mastectomy and reconstructive surgery to correct
serious deformities caused by congenital anomalies, accidental injuries
and neoplastic surgery are not excluded; (f) reimbursement of any
physician or other authorized individual provider of medical care in
excess of the eightieth percentile of the customary charges made for
similar services in the same locality where the medical care was
furnished, as determined for physicians in accordance with section
1079(h) of title 10, United States Code; or (g) any service or supply
which is not medically or psychologically necessary to prevent,
diagnose, or treat a mental or physical illness, injury, or bodily
malfunction as assessed or diagnosed by a physician, dentist, clinical
psychologist, optometrist, podiatrist, certified nurse-midwife,
certified nurse practitioner, or for the purpose of conducting a test
during fiscal year 1982, by a certified clinical social worker, as
appropriate, except as authorized by section 1079(a)(4) of title 10,
United States Code.
Sec. 743. Appropriations available to the Department of Defense for
the current fiscal year shall be available to provide an individual
entitled to health care under chapter 55 of title 10, United States
Code, // 10 USC 1071 // with one wig if the individual has alopecia that
resulted from treatment of malignant disease: Provided, That the
individual has not previously received a wig from the Government.
Sec. 744. Funds appropriated in this Act shall be available for the
appointment, pay, and support of persons appointed as cadets and
midshipmen in the two-year Senior Reserve Officers' Training Corps
course in excess of the 20 percent limitation on such persons imposed by
section 2107(a) of title 10, United States Code, but not to exceed 60
percent of total authorized scholarships.
Sec. 745. None of the funds appropriated by this Act shall be
available to pay any member of the uniformed service for unused accrued
leave pursuant to section 501 of title 37, United States Code, for more
than sixty days of such leave, less the number of days for which payment
was previously made under section 501 after February 9, 1976.
Sec. 746. None of the funds appropriated by this Act may be used to
support more than 300 enlisted aides for officers in the United States
Armed Forces.
Sec. 747. No appropriation contained in this Act may be used to pay
for the cost of public affairs activities of the Department of Defense
in excess of $28,000,000.
Sec. 748. None of the funds provided in this Act shall be available
for the planning or execution of programs which utilize amounts credited
to Department of Defense appropriations or funds pursuant to the
provisions of section 37(a) of the Arms Export Control Act // 22 USC
2777. // representing payment for the actual value of defense articles
specified in section 21(a)(1) of that Act: // 22 USC 2761. //
Provided, That such amounts so credited shall be deposited in the
Treasury as miscellaneous receipts as provided in 31 U.S.C. 484.
Sec. 749. No appropriation contained in this Act shall be available
to fund any costs of a Senior Reserve Officers' Training Corps unit--,
except to complete training of personnel enrolled in Military Science
4-which in its junior year class (Military Science 3) has for the four
preceding academic years, and as of September 30, 1981, enrolled less
than (a) seventeen students where the institution prescribes a four-year
or a combination four- and two-year program; or (b) twelve students
where the institution prescribes a two-year program: Provided, That,
notwithstanding the foregoing limitation, funds shall be available to
maintain one Senior Reserve Officers' Training Corps unit in each State
and at each State-operated maritime academy: Provided further, That
units under the consortium system shall be considered as a single unit
for purposes of evaluation of productivity under this provision:
Provided further, That enrollment standards contained in Department of
Defense Directive 1215.8 for Senior Reserve Officers' Training Corps
units, as revised during fiscal year 1981, may be used to determine
compliance with this provision, in lieu of the standards cited above.
Sec. 750. (a) None of the funds appropriated by this Act or
available in any working capital fund of the Department of Defense shall
be available to pay the expenses attributable to lodging of any person
on official business away from his designated post of duty, or in the
case of an individual described under section 5703 of title 5, United
States Code, his home or regular place of duty, when adequate government
quarters are available, but are not occupied by such person.
(B) The limitation set forth in subsection (a) is not applicable to
employees whose duties require official travel in excess of fifty
percent of the total number of the basic administrative work weeks
during the current fiscal year.
Sec. 751. (a) None of the funds appropriated by this Act shall be
available to pay the retainer pay of any enlisted member of the Regular
Navy, the Naval Reserve, the Regular Marine Corps, or the Marine Corps
Reserve who is transferred to the Fleet Reserve or the Fleet Marine
Corps Reserve under section 6330 of title 10, United States Code, on or
after December 31, 1977, if the provisions of section 6330(d) of title
10, are utilized in determining such member's eligibility for retirement
under section 6330(b) of title 10: Provided, That notwithstanding the
foregoing, time creditable as active service for a completed minority
enlistment, and an enlistment terminated within three months before the
end of the term of enlistment under section 6330(d) of title 10, prior
to December 31, 1977, may be utilized in determining eligibility for
retirement: Provided further, That notwithstanding the foregoing, time
may be credited as active service in determining a member's eligibility
for retirement under section 6330(b) of title 10 pursuant to the
provisions of the first sentence of section 6330(d) of title 10 for
those members who had formally requested transfer to the Fleet Reserve
or the Fleet Marine Corps Reserve on or before October 1, 1977.
(b) None of the funds appropriated by this Act shall be available to
pay that portion of the retainer pay of any enlisted member of the
Regular Navy, the Naval Reserve, the Regular Marine Corps, or the Marine
Corps Reserve who is transferred to the Fleet Reserve or the Fleet
Marine Corps Reserve under section 6330 of title 10, United States Code,
on or after December 31, 1977, which is attributable under the second
sentence of section 6330(d) of title 10 to time which, after December
31, 1977, is not actually served by such member.
Sec. 752. None of the funds appropriated by this Act for programs of
the Central Intelligence Agency shall remain available for obligation
beyond the current fiscal year, except for funds appropriated for the
Reserve, which shall remain available until September 30, 1983.
Sec. 753. None of the funds provided by this Act may be used to pay
the salaries of any person or persons who authorize the transfer of
unobligated and deobligated appropriations into the Reserve for
Contingencies of the Central Intelligence Agency.
Sec. 754. None of the funds appropriated by this Act may be used to
support more than 9,901 full-time and 2,603 part-time military personnel
assigned to or used in the support of Morale, Welfare, and Recreation
activities as described in Department of Defense Instruction 7000.12 and
its enclosures, dated July 17, 1974.
Sec. 755. During the current fiscal year, the Department of Defense
may guarantee loans pursuant to title III of the Defense Production Act
of 1950 as amended (50 U.S.C. App. 2091, 64 Stat. 800) in an amount not
to exceed $30,000,000.
Sec. 756. All obligations incurred in anticipation of the
appropriations and authority provided in this Act are hereby ratified
and confirmed if otherwise in accordance with the provisions of this
Act.
Sec. 757. None of the funds provided by this Act shall be used to
perform abortions except where the life of the mother would be
endangered if the fetus were carried to term.
Sec. 758. During the current fiscal year, funds appropriated by this
Act shall be available to provide for the lease of a facility,
regardless of location, designated by the Secretary of Defense for
cryptologic purposes; and for alterations, improvement, and repair of
that facility notwithstanding any other provisions of law. Funding for
lease, alterations, improvement, and repair shall not exceed one million
dollars. Further, funds appropriated by this Act shall be available to
provide support in accordance with sections 4 and 8 of the Central
Intelligence Agency Act of 1949, as amended (50 U.S.C. 403e and 403j),
to certain Department of Defense cryptologic personnel stationed
overseas as designated by the Secretary of Defense.
Sec. 759. None of the funds appropriated by this Act shall be used
for the provision, care or treatment to dependents of members or former
members of the Armed Services or the Department of Defense for the
elective correction of minor dermatological blemishes and marks or minor
anatomical anomalies.
Sec. 760. None of the funds appropriated by this Act shall be
available for the purchase of insignia for resale unless the sales price
of such insignia is adjusted to the extent necessary to recover the cost
of purchase of such insignia and the estimated cost of all related
expenses, including but not limited to management, storage, handling,
transportation, loss, disposal of obsolete material, and management fees
paid to the military exchange systems: Provided, That amounts derived
by the adjustment covered by the foregoing limitations may be credited
to the appropriations against which the charges have been made to
recover the cost of purchase and related expense.
Sec. 761. All unresolved audits currently pending within agencies
and departments, for which appropriations are made under this Act, shall
be resolved not later than September 30, 1981. Any new audits,
involving questioned expenditures, arising after the enactment of this
Act shall be resolved within 6 months of completing the initial audit
report.
Sec. 762. None of the funds appropriated by this Act or heretofore
appropriated by any other Act shall be obligated or expended for the
payment of anticipatory possession compensation claims to the Federal
Republic of Germany other than claims listed in the 1973 agreement
(commonly referred to as the Global Agreement) between the United States
and the Federal Republic of Germany.
Sec. 763. Each department and agency for which appropriations are
made under this Act shall take immediate action (1) to improve the
collection of overdue debts owed to the United States within the
jurisdiction of that department or agency; (2) to bill interest on
delinquent debts as required by the Federal Claims Collection Standards;
and (3) to reduce amounts of such debts written off as uncollectible.
Sec. 764. None of the funds appropriated by this Act shall be
available for a contract for studies, analyses, or consulting services
entered into without competition on the basis of an unsolicited proposal
unless the head of the activity responsible for the procurement
determines:
(a) as a result of thorough technical evaluation, only one
source is found fully qualified to perform the proposed work, or
(b) the purpose of the contract is to explore an unsolicited
proposal which offers significant scientific or technological
promise, represents the product of original thinking, and was
submitted in confidence by one source, or
(c) where the purpose of the contract is to take advantage of
unique and significant industrial accomplishment by a specific
concern, or to insure that a new product or idea of a specific
concern is given financial support:
Provided, That this limitation shall not apply to contracts in an amount
of less than $25,000, contracts related to improvements of equipment
that is in development or production, or contracts as to which a
civilian official of the Department of Defense, who has been confirmed
by the Senate, determines that the award of such contract is in the
interest of the national defense.
Sec. 765. None of the funds appropriated by this Act shall be
available to provide medical care in the United States on an inpatient
basis to foreign military and diplomatic personnel or their dependents
unless the Department of Defense is reimbursed for the costs of
providing such care: Provided, That reimbursements for medical care
covered by this section shall be credited to the appropriations against
which charges have been made for providing such care.
Sec. 765 A. None of the funds made available by this Act shall be
used in any way for the leasing to non-Federal agencies in the United
States aircraft or vehicles owned or operated by the Department of
Defense when suitable aircraft or vehicles are commercially available in
the private sector.
Sec. 766. None of the funds appropriated by this Act shall be
obligated for the second career training program authorized by Public
Law 96 - 347. // 94 Stat. 1150. //
Sec. 767. None of the funds appropriated or otherwise made available
in this Act shall be obligated or expended for salaries or expenses
during the current fiscal year for the purposes of demilitarization of
small firearms.
Sec. 768. During the current fiscal year, not to exceed $125,000,000
of the funds provided in this Act for the Civilian Health and Medical
Program of the Uniformed Services may be used to conduct a test program
in accordance with the following guidelines: In carrying out the
provisions of sections 1079 and 1086 of title 10, United States Code,
the Secretary of Defense, after consulting with the Secretary of Health
and Human Services, may contract with organizations that assume
responsibility for the maintenance of the health of a defined
population, for the purpose of experiments and demonstration projects
designed to determine the relative advantages and disadvantages of
providing pre-paid health benefits: Provided, That such projects must
be designed in such a way as to determine methods of reducing the cost
of health benefits provided under such sections without adversely
affecting the quality of care. Except as provided otherwise, the
provisions of such a contract may deviate from the cost-sharing
arrangements prescribed and the types of health care authorized under
sections 1079 and 1086, when the Secretary of Defense determines that
such a deviation would serve the purpose of this section.
Sec. 769. No part of any appropriation contained in this Act shall
be available to initiate multiyear procurement contracts for major
weapons systems except as specifically provided herein.
Sec. 770. None of the funds appropriated in this or any other Act //
10 USC 2304 // shall be available for obligation to reimburse a
contractor for the cost of commercial insurance that would protect
against the costs of the contractor for correction of the contractor's
own defects in materials or workmanship.
Sec. 771. None of the funds appropriated by this Act which are
available for payment of travel allowances for per diem in lieu of
subsistence to enlisted personnel shall be used to pay such an allowance
to any enlisted member in an amount that is more than the amount of per
diem in lieu of subsistence that the enlisted member is otherwise
entitled to receive minus the basic allowance for subsistence, or pro
rata portion of such allowance, that the enlisted member is entitled to
receive during any day, or portion of a day, that the enlisted member is
also entitled to be paid a per diem in lieu of subsistence: Provided,
That if an enlisted member is in a travel status and is not entitled to
receive a per diem in lieu of subsistence because the member is
furnished meals in a Government mess, funds available to pay the basic
allowance for subsistence to such a member shall not be used to pay that
allowance, or pro rata portion of that allowance, for each day, or
portion of a day, that such enlisted member is furnished meals in a
Government mess.
Sec. 772. Effective January 1, 1982, none of the funds appropriated
by this Act shall be available to pay the retired pay or retainer pay of
a member of the Armed Forces for any month who, on or after January 1,
1982, becomes entitled to retired or retainer pay, in an amount that is
greater than the amount otherwise determined to be payable after such
reductions as may be necessary to reflect adjusting the computation of
retired pay or retainer pay that includes credit for a part of a year of
service to permit credit for a part of a year of service only for such
month or months actually served: Provided, That the foregoing
limitation shall not apply to any member who before January 1, 1982:
(a) applied for retirement or transfer to the Fleet Reserve or Fleet
Marine Corps Reserve; (b) is being processed for retirement under the
provisions of chapter 61 of title 10 // 10 USC 1201 // or who is on the
temporary disability retired list and thereafter retired under the
provisions of sections 1210 (c) or (d) of title 10; or (c) is retired
or in an inactive status and would be eligible for retired pay under the
provisions of chapter 67 of title 10, // 10 USC 1331 // but for the fact
that the person is under 60 years of age.
Sec. 773. Not to exceed $1,700,000 of the funds available to the
Department of Defense for Reserve Personnel shall be available for
transfer to appropriations available to the Federal Emergency Management
Agency.
Sec. 774. None of the funds appropriated by this Act shall be
obligated under the competitive rate program of the Department of
Defense for the transportation of household goods to or from Alaska and
Hawaii.
Sec. 775. None of the funds appropriated by this Act for the pay of
Reserve and National Guard technicians based upon their employment as
technicians and their performance of duty as members of the Reserve
components of the Armed Forces shall be available to pay such
technicians a combined compensation in excess of the rate payable for
level V of the Executive Schedule: // 5 USC 5316. // Provided, That
for purpose of calculating such combined compensation, no military
compensation other than basic pay will be included.
Sec. 776. None of the funds appropriated by this Act shall be
available to approve a request for waiver of the costs otherwise
required to be recovered under the provisions of section 21(e)(1)(C) of
the Arms Export Control Act // 22 USC 2761. // unless the Committees on
Appropriations have been notified in advance of the proposed waiver.
Sec. 777. None of the funds appropriated by this Act shall be
available to make any payments authorized under the provisions of
subchapter VI of chapter 53 of title 5 to any prevailing rate employee
who is transferred or reassigned from a position in Alaska or Hawaii to
a position in another wage area outside Alaska or Hawaii on or after
April 1, 1982: Provided, That the foregoing limitation shall not apply
to a prevailing rate employee who is transferred or reassigned as a
result of a reduction in force or a functional or organizational
transfer from Alaska or Hawaii: Provided further, That the foregoing
limitation shall not apply to a prevailing rate employee whose transfer
or reassignment had been approved prior to April 1,1982, or who had
applied for a position in another wage area outside Alaska or Hawaii
prior to April 1, 1982, and is accepted for that position.
Sec. 778. Funds available to the Department of Defense during the
current fiscal year shall be available to establish a program to provide
child advocacy and family counseling services to deal with problems of
child and spouse abuse.
Sec. 779. None of the funds appropriated by this Act shall be
available for the transportation of equipment or designated as
Prepositioned Materiel Configured in Unit Sets (POMCUS) in Europe in
excess of four division sets.
Sec. 780. Without regard to any other provision of law limiting the
amounts payable to prevailing wage rate employees, during the current
fiscal year prevailing wage rate employees employed in the Wichita,
Kansas, wage area shall be paid, beginning the first pay period
beginning on or after January 1, 1982, the wages determined as a result
of the full scale wage survey of that area scheduled to become effective
in January 1982.
Sec. 781. Appropriations for the Department of Defense shall be
available until the end of fiscal year 1983 for lease of no more than
six aircraft, in accordance with applicable laws and regulations, for
the purpose of providing passenger airlift support to the Department of
the Air Force Special Airlift Mission, pending procurement of suitable
replacements for the C-140 aircraft.
Sec. 782. (a) None of the funds in this Act may be used to transfer
any article of military equipment or data related to the manufacture of
such equipment to a foreign country prior to the approval in writing of
such transfer by the Secretary of the military service involved.
(b) No funds appropriated by this Act may be used for the transfer of
a technical data package from any Government-owned and operated defense
plant to any foreign government, nor for assisting any such government
in producing any defense item currently being manufactured or developed
in a United States Government-owned, Government-operated defense plant
manufacturing large caliber cannons.
Sec. 783. None of the funds available in this Act shall be used by
the Secretary of a military department to make a contract for the
purchase of administrative motor vehicles that are manufactured outside
the United States or Canada unless the contractor was selected through
competitive bidding without a differential in favor of foreign
manufacturers: Provided, That this section does not apply to contracts
for amounts less than $50,000, nor to existing contracts.
Sec. 784. None of the funds appropriated in this Act may be made
available through transfer, reprogramming, or other means for any
intelligence or special activity different from that previously
justified to the Congress unless the Director of Central Intelligence or
the Secretary of Defense has notified the House and Senate
Appropriations Committees of the intent to make such funds available for
such activity.
Sec. 785. None of the funds provided in this Act to any department
or agency shall be obligated or expended to procure passenger
automobiles as defined in 15 U.S.C. 2001 with an EPA estimated miles per
gallon average of less than 22 miles per gallon. This section does not
apply to security or special mission automobiles.
Sec. 786. None of the funds appropriated by this Act may be used to
appoint or compensate more than 35 individuals in the Department of
Defense in positions in the Executive Schedule (as provided in sections
5312 - 5316 of title 5, United States Code).
Sec. 787. Congress remains concerned about the rapidly escalating
cost of the chemical and biological warfare programs that have not yet
been adequately justified by the Administration.
Congress directed the Administration as part of the Conference Report
to the fiscal year 1981 supplemental appropriations bill (H. Rept. No.
97 - 124) to provide studies of:
the long-range costs of the modernization program;
a country-by-country report from our NATO allies with respect
to their official views on that long-range program;
an overview of the mission-oriented requirements for the
various binary weapons; and
an arms control impact study of the mission-oriented
requirements.
This information has yet to be supplied to Congress. Th Congress
reaffirms the language of the Supplemental Conference Report as adopted
earlier this year by Congress. Funding for binary weapons in this
year's appropriation is not production or construction-oriented, but
rather limited strictly to research and development. Therefore, these
requirements do not apply to funding provided in this Act. The Congress
views such requirements with the utmost concern and seriousness, and
fully expects them to be fulfilled prior to any future request for
production or construction-oriented binary weapons funding.
Congress also urges the Administration to resume as rapidly as
possible negotiations with the Union of Soviet Socialist Republics to
prohibit the development, production and stockpiling of chemical
weapons. These negotiations are vital to enhance United States national
security and achieve budgetary stability.
Sec. 788. After the date of enactment of this Act // 50 USC 98d //
no sale of silver from the National Defense Stockpile under the
authority of Public Law 97 - 35, or other Act, shall occur until the
President, not later than July 1, 1982, redetermines that the silver
authorized for disposal is excess to the requirements of the stockpile,
taking into consideration such factors as the President considers
relevant, including the following factors:
(1) The findings and recommendations of the report by the
General Accounting Office on the sale of silver from the National
Defense Stockpile to be completed on or before January 1, 1982.
(2) The demand for silver to meet defense, essential civilian,
basic industrial, and monetary requirements, taking into account
the most recent " Defense Guidance" used by the Department of
Defense in programming general purpose conventional forces as well
as historical monetary uses of silver as a medium of payment to
foreign workers and troops during times of national emergency.
(3) The projected magnitude of the increase in production as
well as the accuracy and reliability of the data used in
projecting increases in both domestic and reliable foreign
production capacity, taking into account the lead times associated
with expanding capacity and obtaining such requirements as the
necessary labor, equipment, transportation and energy.
(4) The current reliability of supplies from foreign sources
and the economic and security implications resulting from our
dependence on these sources of supply in times of national
emergency taking into account the probability of a supply
disruption or sharp price increase and its impact on the United
States economy or a national priority such as defense.
(5) The need for silver in the stockpile during the next ten
year period taking into account long-term supply and demand
projections of the Bureau of Mines, United States Department of
the Interior.
Should the President taking into consideration the factors described
above find the silver to be in excess to stockpile needs, he shall
report to the Committees on Armed Services of the Senate and House of
Representatives that he has made such a determination, and shall include
a detailed discussion and analysis of the factors set forth above, and
other relevant factors, including alternative methods of disposal for
such silver, together with his recommended method of disposal. No
action shall be taken to dispose of silver from the National Defense
Stockpile, prior to the approval by Congress of the recommended method
of disposal.
Sec. 789. So far as may be practicable Indian labor shall be
employed, and purchases of the products of Indian industry may be made
in open market in the discretion of the Secretary of Defense.
Sec. 790. Of the funds appropriated by this Act for strategic
programs, the Secretary of Defense shall provide funds for the Advanced
Technology Bomber program at a level at least equal to the amount
provided by the committee of conference on this Act in order to maintain
priority emphasis on this program.
Sec. 791. // 10 USC 7291 // It is the sense of the Congress that--,
(1) A larger and stronger American Navy is needed as an
essential ingredient of our Armed Forces, in order to fulfill its
basic missions of (A) protecting the sea lanes to preserve the
safety of the free world's commerce, (B) assuring continued access
to raw materials essential to the well-being of the free world,
(C) enhancing our capacity to project effective American forces
into regions of the world where the vital interests of the United
States must be protected, (D) engaging the Navy of the Soviet
Union or any other potential adversary successfully, (E)
continuing to serve as a viable leg of our strategic triad, and
(F) providing visible evidence of American diplomatic, economic
and military commitments throughout the world.
(2) In order to conduct the numerous and growing missions of
the modern American Navy, a goal of a naval inventory of
approximately six hundred active ships of various types by the end
of the century at the latest, is highly desirable, the exact
figure to be flexible to accomodate new designs as the specific
details of our naval missions evolve to meet various
contingencies.
(3) The Secretary of Defense comply with section 808 of Public
Law 94 - 106, the Department of Defense Appropriation
Authorization Act of 1976,
// 10 USC 7291 // in order that the Congress may more properly
appropriate the funds necessary to reach a six hundred-ship goal
at least by the end of the present century.
For necessary expenses of the Intelligence Community Staff;
$13,063,000.
For payment to the Central Intelligence Agency Retirement and
Disability System Fund, to maintain proper funding level for continuing
the operation of the Central Intelligence Agency Retirement and
Disability System; $84,600,000.
This Act may be cited as the " Department of Defense Appropriation
Act, 1982".
Approved December 29, 1981.
LEGISLATIVE HISTORY- H.R. 4995 (S. 1857):
HOUSE REPORTS: No. 97 - 333 (Comm. on Appropriations) and No. 97 -
410 (Comm. of Conference).
SENATE REPORT No. 97 - 273 accompanying S. 1857 (Comm. on
Appropriations).
CONGRESSIONAL RECORD, Vol. 127 (1981):
Nov. 18, considered and passed House.
Nov. 30, Dec. 1 - 4, considered and passed Senate, amended.
Dec. 15, House and Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 17, No. 53 (1981):
Dec. 29, Presidential statement.
PUBLIC LAW 97-113, 95 STAT. 1519, INTERNATIONAL SECURITY DEVELOPMENT
COOPERATION ACT OF 1981
1983 for international
security and development assistance and for the Peace
Corps, to establish the
Peace Corps as an autonomous agency, 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 // 22 USC 2151 // may be cited as the "
International Security and Development Cooperation Act of 1981".
Sec. 101. (a)(1) Section 3(d)(1) of the Arms Export Control Act //
22 USC 2753. // is amended--,
(A) in the text preceding subparagraph (A) by striking out "to
a transfer of a defense article, or related training or other
defense service, sold under this Act and may not give his consent
to such a transfer under section 505(a)(1) or 505(a)(4) of the
Foreign Assistance Act of 1961"
// 22 USC 2314. //
and inserting in lieu thereof ", or under section 505(a)(1) or
505(a)(4) of the Foreign Assistance Act of 1961, to a transfer of
any major defense equipment valued (in terms of its original
acquisition cost) at $14,000,000 or more, or any defense article
or related training or other defense service valued (in terms of
its original acquisition cost) at $50,000,000 or more,";
(B) by amending subparagraph (B) to read as follows:
"(B) a description of the article or service proposed to be
transferred, including its acquisition cost,";
(C) in subparagraph (C) by striking out "defense article or
related training or other defense service" and inserting in lieu
thereof "article or service"; and
(D) in the last sentence by striking out "defense articles, or
related training or other defense services," and inserting in lieu
thereof "articles or services".
(2) Section 3(d)(3) of such Act is amended by striking out all that
follows The President may not give his consent" through "section 38 of
this Act," and inserting in lieu thereof "to the transfer of any major
defense equipment valued (in terms of its original acquisition cost) at
$14,000,000 or more, or of any defense article or defense service valued
(in terms of its original acquisition cost) at $50,000,000 or more, the
export of which has been licensed or approved under section 38 of this
Act,". // 22 USC 2778. //
(3) Section 3(d)(4) of such Act is amended--,
(A) by inserting "or" at the end of subparagraph (B);
(B) by striking out "; or" at the end of subparagraph (C) and
inserting in lieu thereof a period; and
(C) by striking out subparagraph (D).
(b)(1) Section 28(a) of such Act // 22 USC 2768. // is amended by
striking out "five" and inserting in lieu thereof "fifteen".
(2) Section 28(b) of such Act is amended by striking out "the
issuance of a letter of offer in accordance with such request would be
subject to the requirements of section 36(b) of this Act" and inserting
in lieu thereof "the request involves a proposed sale of major defense
equipment for $7,000,000 or more or of any other defense articles or
defense services for $25,000,000 or more".
(c) The first sentence of section 36(b)(1) of such Act // 22 USC
2776. // is amended--,
(1) by striking out "$25,000,000" and inserting in lieu thereof
"$50,000,000"; and
(2) by striking out "$7,000,000" and inserting in lieu thereof
"$14,000,000".
(d) Section 36(c) of such Act is amended in the first sentence of
paragraph (1)--,
(1) by striking out "$7,000,000" and inserting in lieu thereof
"$14,000,000"; and
(2) by striking out "$25,000,000" and inserting in lieu thereof
"$50,000,000".
(e) Section 36(d) of such Act is amended by striking out "(c)" and
inserting in lieu thereof "(c)(1)".
TREATY
ORGANIZATION, JAPAN, AUSTRALIA, OR NEW ZEALAND
Sec. 102. (a) Section 3(d)(2) of the Arms Export Control Act // 22
USC 2753. // is amended--,
(1) by striking out "(2) Unless" and inserting in lieu thereof
"(2)(A) Except as provided in subparagraph (B), unless"; and
(2) by adding at the end thereof the following:
"(B) In the case of a proposed transfer to the North Atlantic Treaty
Organization, or any member country of such Organization, Japan,
Australia, or New Zealand, unless the President states in the
certification submitted pursuant to paragraph (1) of this subsection
that an emergency exists which requires that consent to the proposed
transfer become effective immediately in the national security interests
of the United States, such consent shall not become effective until
fifteen calendar days after the date of such submission and such consent
shall become effective then only if the Congress does not adopt, within
such fifteen-day period, a concurrent resolution disapproving the
proposed transfer.".
(b)(1) Section 36(b)(1) of such Act is amended in the fifth sentence
by striking out "if the Congress, within thirty calendar days after
receiving such certification," and inserting in lieu thereof the
following: ", with respect to a proposed sale to the North Atlantic
Treaty Organization, any member country of such Organization, Japan,
Australia, or New Zealand, if the Congress, within fifteen calendar days
after receiving such certification, or with respect to a proposed sale
to any other country or organization, if the Congress within thirty
calendar days after receiving such certification,".
(2) Section 36(b)(2) of such Act is amended by inserting before the
period at the end thereof a comma and the following: "except that for
purposes of consideration of any resolution with respect to the North
Atlantic Treaty Organization, any member country of such Organization,
Japan, Australia, or New Zealand, it shall be in order in the Senate to
move to discharge a committee to which such resolution was referred if
such committee has not reported such resolution at the end of five
calendar days after its introduction".
Sec. 103. Section 21(c)(2) of the Arms Export Control Act // 22 USC
2761. // is amended to read as follows:
"(2) Within forty-eight hours of the existence of, or a change in
status of significant hostilities or terrorist acts or a series of such
acts, which may endanger American lives or property, involving a country
in which United States personnel are performing defense services
pursuant to this Act or the Foreign Assistance Act of 1961, // 22 USC
2151 // the President shall submit to the Speaker of the House of
Representatives and to the President pro tempore of the Senate a report,
in writing, classified if necessary, setting forth--,
"(A) the identity of such country;
"(B) a description of such hostilities or terrorist acts; and
"(C) the number of members of the United States Armed Forces
and the number of United States civilian personnel that may be
endangered by such hostilities or terrorist acts.".
DEVELOPMENT, AND
PRODUCTION COSTS
Sec. 104. Section 21(e)(2) of the Arms Export Control Act is amended
by inserting "standardization with the Armed Forces of Japan, Australia,
or New Zealand in furtherance of the mutual defense treaties between the
United States and those countries," immediately after
"standardization,".
CEILINGS
Sec. 105. (a) Section 31(a) of the Arms Export Control Act // 22 USC
2771. // is amended by striking out "$500,000,000 for the fiscal year
1981" and inserting in lieu thereof "$800,000,000 for the fiscal year
1982 and $800,000,000 for the fiscal year 1983".
(b) Section 31(b) of such Act is amended to read as follows:
"(b)(1) The total amount of credits (or participations in credits)
extended under section 23 of this Act // 22 USC 2763. // shall not
exceed $800,000,000 for the fiscal year 1982 and $800,000,000 for the
fiscal year 1983.
"(2) The total principal amount of loans guaranteed under section
24(a) of this Act // 22 USC 2764. // shall not exceed $3,269,525,000
for the fiscal year 1982 and $3,269,525,000 for the fiscal year 1983.
"(3) Of the aggregate total of credits (or participations in credits)
under section 23 of this Act, and of the total principal amount of loans
guaranteed under section 24(a) of this Act, not less than $1,400,000,000
for the fiscal year 1982 and not less than $1,400,000,000 for the fiscal
year 1983 shall be available only for Israel, of which not less than
$550,000,000 for each such year shall be available as credits under
section 23 of this Act.
"(4) Of the amount available under paragraph (2) of this subsection
for loan guaranties under section 24(a) of this Act, not less than
$280,000,000 for fiscal year 1982 and not less than $280,000,000 for the
fiscal year 1983 shall be available only for Greece.
"(5) The principal amount of loans guaranteed under section 24(a) of
this Act for the fiscal year 1982, and for the fiscal year 1983 with
respect to Egypt, Greece, Sudan, Somalia, and Turkey shall (if and to
the extent each such country so desires) be repaid in not more than
twenty years, following a grace period of ten years on repayment of
principal.
"(6) Of the total amount of credits (or participations in credits)
extended under section 23 of this Act // 22 USC 2763. // for the fiscal
years 1982 and 1983, not less than $200,000,000 for each such year shall
be available only for Egypt, and Egypt shall be released from its
contractual liability to repay the United States Government with respect
to such credits and participations in credits.
"(7) Of the total amount of credits (or participations in credits)
extended under section 23 of this Act for the fiscal years 1982 and
1983, not less than $50,000,000 for each such year shall be available
only for the Sudan, and the Sudan shall be released from its contractual
liability to repay the United States Government with respect to such
credits and participations in credits.".
(c) Section 31(c) of such Act // 22 USC 2771. // is amended--,
(1) in the first sentence by striking out "fiscal year 1981"
and inserting in lieu thereof "fiscal year 1982 and for the fiscal
year 1983";
(2) in the last sentence by striking out "$500,000,000" and
inserting in lieu thereof "$550,000,000"; and
(3) in the last sentence by inserting "each" immediately before
"such year".
Sec. 106. Section 38(b)(3) of the Arms Export Control Act // 22 USC
2778. // is repealed.
Sec. 107. Section 38 of the Arms Export Control Act is amended by
adding at the end thereof the following new subsection:
"(f) The President shall periodically review the items on the United
States Munitions List to determine what items, if any, no longer warrant
export controls under this section. The results of such reviews shall
be reported to the Speaker of the House of Representatives and to the
Committee on Foreign Relations and the Committee on Banking, Housing,
and Urban Affairs of the Senate. Such a report shall be submitted at
least 30 days before any item is removed from the Munitions List and
shall describe the nature of any controls to be imposed on that item
under the Export Administration Act of 1979.". // 50 USC app. 2401 //
Sec. 108. (a) The Arms Export Control Act is amended by adding at
the end thereof the following new chapter:
Sec. 51. // 22 USC 2795. // Special Defense Acquisition Fund.-(a)(
1) Under the direction of the President and in consultation with the
Secretary of State, the Secretary of Defense shall establish a Special
Defense Acquisition Fund (hereafter in this chapter referred to as the '
Fund'), to be used as a revolving fund separate from other accounts,
under the control of the Department of Defense, to finance the
acquisition of defense articles and defense service in anticipation of
their transfer pursuant to this Act, // 22 USC 2151 // the Foreign
Assistance Act of 1961, or as otherwise authorized by law, to eligible
foreign countries and international organizations, and may acquire such
articles and services with the funds in the Fund as he may determine.
Acquisition under this chapter of items for which the initial issue
quantity requirements for United States Armed Forces have not been
fulfilled and are not under current procurement contract shall be
emphasized when compatible with security assistance requirements for the
transfer of such items.
"(2) Nothing in this chapter may be construed to limit or impair any
responsibilities conferred upon the Secretary of State or the Secretary
of Defense under this Act or the Foreign Assistance Act of 1961. // 22
USC 2151 //
"(b) The Fund shall consist of--,
"(1) collections from sales made under letters of offer issued
pursuant to section 21(a)(1) of this Act
// 22 USC 2761. //
representing the actual value of defense articles not intended to
be replaced in stock,
"(2) collections from sales representing the value of asset use
charges (including contractor rental payments for United States
Government-owned plant and production equipment) and charges for
the proportionate recoupment of nonrecurring research,
development, and production costs, and
"(3) collections from sales made under letters of offer (or
transfers made under the Foreign Assistance Act of 1961) of
defense articles and defense services acquired under this chapter,
representing the value of such items calculated in accordance with
paragraph (2) or (3) of section 21(a) or section 22 of this Act
// 22 USC 2761, 2762. //
or section 644(m) of the Foreign Assistance Act of 1961,
// 22 USC 2403. //
as appropriate,
together with such funds as may be authorized and appropriated or
otherwise made available for the purposes of the Fund.
"(c)(1) The size of the Fund may not exceed such dollar amount as is
prescribed in section 138(g) of title 10, United States Code. For
purposes of this limitation, the size of the Fund is the amounts in the
Fund plus the value (in terms of acquisition cost) of the defense
articles acquired under this chapter which have not been transferred
from the Fund in accordance with this chapter.
"(2) Amounts in the Fund shall be available for obligation in any
fiscal year only to such extent or in such amounts as are provided in
advance in appropriation Acts.
" Sec. 52. // 22 USC 2795a. // Use and Transfer of Items Procured by
the Fund.-(a) No defense article or defense service acquired by the
Secretary of Defense under this chapter may be transferred to any
foreign country or international organization unless such transfer is
authorized by this Act, the Foreign Assistance Act of 1961, // 22 USC
2151 // or other law.
"(b) The President may authorize the temporary use by the United
States Armed Forces of defense articles and defense services acquired
under this chapter prior to their transfer to a foreign country or
international organization, if such is necessary to meet national
defense requirements and the United States Armed Forces bear the costs
of operation and maintenance of such articles or services while in their
use and the costs of restoration or replacement upon the termination of
such use.
"(c) Except as provided in subsection (b) of this section, the Fund
may be used to pay for storage, maintenance, and other costs related to
the preservation and preparation for transfer of defense articles and
defense services acquired under this chapter prior to their transfer, as
well as the administrative costs of the Department of Defense incurred
in the acquisition of such items to the extent not reimbursed pursuant
to section 43(b) of this Act. // 22 USC 2792. //
" Sec. 53. // 22 USC 2795b. // Annual Reports to Congress.-(a) Not
later than December 31 of each year, the President shall submit to the
Congress a comprehensive report on acquisitions of defense articles and
defense services under this chapter. Each such report shall include--,
"(1) a description of each contract for the acquisition of
defense articles or defense services under this chapter which was
entered into during the preceding fiscal year;
"(2) a description of each contract for the acquisition of
defense articles or defense services under this chapter which the
President anticipates will be entered into during the current
fiscal year;
"(3) a description of each defense article or defense service
acquired under this chapter which was transferred to a foreign
country or international organization during the preceding fiscal
year; and
"(4) an evaluation of the impact of the utilization of the
authority of this chapter on United States defense production and
the readiness of the United States Armed Forces.
"(b) As part of the annual written report to the Congress required by
section 139(a) of title 10, United States Code, regarding procurement
schedules for each weapon system for which funding authorization is
required, the President shall provide a report estimating the likely
procurements to be made through the Fund.".
(b) Section 138 of title 10, United States Code, is amended by adding
immediately following subsection (f) the following new subsection:
"(g) The size of the Special Defense Acquisition Fund established
pursuant to chapter 5 of the Arms Export Control Act may not exceed
$300,000,000 in fiscal year 1982 and may not exceed $600,000,000 in
fiscal year 1983 or any fiscal year thereafter.".
Sec. 109. (a) The Arms Export Control Act, as amended by section 108
of this Act, is further amended by adding at the end thereof the
following new chapter:
" Sec. 61. // 22 USC 2796. // Leasing Authority.-(a) The President
may lease defense articles in the stocks of the Department of Defense to
an eligible foreign country or international organization if--,
"(1) he determines that there are compelling foreign policy and
national security reasons for providing such articles on a lease
basis rather than on a sales basis under this Act;
"(2) he determines that the articles are not for the time
needed for public use; and
"(3) the country or international organization has agreed to
pay in United States dollars all costs incurred by the United
States Government in leasing such articles, including
reimbursement for depreciation of such articles while leased, the
costs of restoration or replacement if the articles are damaged
while leased, and the replacement cost (less any depreciation in
the value) of the articles if the articles are lost or destroyed
while leased.
The requirement of paragraph (3) shall not apply to leases entered into
for purposes of cooperative research or development, military exercises,
or communications or electronics interface projects, or to any defense
article which has passed three-quarters of its normal service life.
"(b) Each lease agreement under this section shall be for a fixed
duration of not to exceed five years and shall provide that, at any time
during the duration of the lease, the President may terminate the lease
and require the immediate return of the leased articles.
"(c) Defense articles in the stocks of the Department of Defense may
be leased or loaned to a foreign country or international organization
only under the authority of this chapter or chapter 2 of part Ii of the
Foreign Assistance Act of 1961, // 22 USC 2311. // and may not be
leased to a foreign country or international organization under the
authority of section 2667 of title 10, United States Code.
" Sec. 62. // 22 USC 2796a. // Reports to the Congress.-(a) Not less
than 30 days before entering into or renewing any agreement with a
foreign country or international organization to lease any defense
article under this chapter, or to loan any defense article under chapter
2 of part II of the Foreign Assistance Act of 1961, for a period of one
year or longer, the President shall transmit to the Speaker of the House
of Representatives, and to the chairman of the Committee on Foreign
Relations of the Senate and the chairman of the Committee on Armed
Services of the Senate, a written certification which specifies--,
"(1) the country or international organization to which the
defense article is to be leased or loaned;
"(2) the type, quantity, and value (in terms of replacement
cost) of the defense article to be leased or loaned;
"(3) the terms and duration of the lease or loan; and
"(4) a justification for the lease or loan, including an
explanation of why the defense article is being leased or loaned
rather than sold under this Act.
"(b) The President may waive the requirements of this section (and in
the case of an agreement described in section 63, may waive the
provisions of that section) if he determines, and immediately reports to
the Congress, that an emergency exists which requires that the lease or
loan be entered into immediately in the national security interests of
the United States.
" Sec. 63. // 22 USC 2796b. // Legislative Review.-(a)(1) In the
case of any agreement involving the lease under this chapter, or the
loan under chapter 2 of part II of the Foreign Assistance Act of 1961,
to any foreign country or international organization for a period of one
year or longer of any defense articles which are either (i) major
defense equipment valued (in terms of its replacement cost less any
depreciation in its value) at $14,000,000 or more, or (ii) defense
articles valued (in terms of their replacement cost less any
depreciation in their value) at $50,000,000 or more, the agreement may
not be entered into or renewed if the Congress, within 30 calendar days
after receiving the certification with respect to that proposed
agreement pursuant to section 62(a), adopts a concurrent resolution
stating that it objects to the proposed lease or loan.
"(2) This section shall not apply with respect to a loan or lease to
the North Atlantic Treaty Organization, any member country of that
Organization, Japan, Australia, or New Zealand.
"(b) Any resolution under subsection (a) shall be considered in the
Senate in accordance with the provisions of section 601(b) of the
International Security Assistance and Arms Export Control Act of 1976.
// 90 Stat. 765. //
"(c) For the purpose of expediting the consideration and adoption of
concurrent resolutions under subsection (a), a motion to proceed to the
consideration of any such resolution after it has been reported by the
appropriate committee shall be treated as highly privileged in the House
of Representatives.
" Sec. 64. // 22 USC 2796c. // Application of Other Provisions of
Law.-Any reference to sales of defense articles under this Act in any
provision of law restricting the countries or organizations to which
such sales may be made shall be deemed to include a reference to leases
of defense articles under this chapter.".
(b) Such Act // 22 USC 2752. // is further amended--,
(1) in section 2(b)--,
both
places it appears,
(2) in section 3(a)--,
// 22 USC 2753. //
(3) in section 4
// 22 USC 2754. //
by inserting "or leased" immediately after "sold" in the first
sentence.
(c) Paragraph (5) of section 503(b) of the Foreign Assistance Act of
1961 // 22 USC 2311. // is amended to read as follows:
"(5) the loan agreement provides that (A) if the defense
article is damaged while on loan, the country or international
organization to which it was loaned will reimburse the United
States for the cost of restoring or replacing the defense article,
and (B) if the defense article is lost or destroyed while on loan,
the country or international organization to which it was loaned
will pay to the United States an amount equal to the replacement
cost (less any depreciation in the value) of the defense
article.".
(d)(1) Section 109 of the International Security and Development
Cooperation Act of 1980 // 10 USC 2667 // is repealed.
(2) Section 36(a) of the Arms Export Control Act // 22 USC 2776. //
is amended--,
(A) by inserting "and" at the end of paragraph (8);
(B) by striking out "; and" at the end of paragraph (9) and
inserting in lieu thereof a period; and
(C) by striking out paragraph (10).
Sec. 110. (a) Section 504(a) of the Foreign Assistance Act of 1961
// 22 USC 2312. // is amended to read as follows:
"(a)(1) There are authorized to be appropriated to the President to
carry out the purposes of this chapter not to exceed $238,500,000 for
the fiscal year 1982 and not to exceed $238,500,000 for the fiscal year
1983.
"(2) Amounts appropriated under this subsection are authorized to
remain available until expended.".
(b) Section 506(a) of such Act // 22 USC 2318. // is amended by
striking out "$50,000,000" and inserting in lieu thereof "$75,000,000".
(c) Section 503(a)(3) of such Act // 22 USC 2311. // is amended by
striking out "specified in section 504(a)(1) of this Act, within the
dollar limitations of that section," and inserting in lieu thereof
"country,".
(d) Section 516 of such Act // 22 USC 2321j. // is repealed.
COUNTRIES
Sec. 111. Section 514(b)(2) of the Foreign Assistance Act of 1961 //
USC 2321h. // amended by striking out "$85,000,000 for the fiscal year
1981" and inserting in lieu thereof "$130,000,000 for the fiscal year
1982 and $125,000,000 for the fiscal year 1983".
Sec. 112. Section 515 of the Foreign Assistance Act of 1961 // 22
USC 2321; // amended to read as follows:
" Sec. 515. Overseas Management of Assistance and Sales Programs.-(
a) In order to carry out his responsibilities for the management of
international security assistance programs conducted under this chapter,
chapter 5 of this part, // 22 USC 2347. // and the Arms Export Control
Act, // 22 USC 2751 // the President may assign members of the Armed
Forces of the United States to a foreign country to perform one or more
of the following functions:
"(1) equipment and services case management;
"(2) training management;
"(3) program monitoring;
"(4) evaluation and planning of the host government's military
capabilities and requirements;
"(5) administrative support;
"(6) promoting rationalization, standardization,
interoperability, and other defense cooperation measures among
members of the North Atlantic Treaty Organization and with the
Armed Forces of Japan, Australia, and New Zealand; and
"(7) liaison functions exclusive of advisory and training
assistance.
"(b) Advisory and training assistance conducted by military personnel
assigned under this section shall be kept to an absolute minimum. It is
the sense of the Congress that advising and training assistance in
countries to which military personnel are assigned under this section
shall be provided primarily by other personnel who are not assigned
under this section and who are detailed for limited periods to perform
specific tasks.
"(c)(1) The number of members of the Armed Forces assigned to a
foreign country under this section may not exceed six unless
specifically authorized by the Congress. The President may waive this
limitation if he determines and reports to the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs of the
House of Representatives, 30 days prior to the introduction of the
additional military personnel, that United States national interests
require that more than six members of the Armed Forces be assigned under
this section to carry out international security assistance programs in
a country not specified in this paragraph. For the fiscal year 1982 and
the fiscal year 1983, Indonesia, the Republic of Korea, the Philippines,
Thailand, Egypt, Jordan, Morocco, Saudi Arabia, Greece, Portugal, Spain,
and Turkey are authorized to have military personnel strengths larger
than six under this section to carry out international security
assistance programs.
"(2) The total number of members of the Armed Forces assigned under
this section to a foreign country in a fiscal year may not exceed the
number justified to the Congress for that country in the congressional
presentation materials for that fiscal year, unless the Committee on
Foreign Relations of the Senate and the Committee on Foreign Affairs of
the House of Representatives are notified 30 days in advance of the
introduction of the additional military personnel.
"(d) Effective October 1,1982, the entire costs (including salaries
of United States military personnel) of overseas management of
international security asistance programs under this section shall be
charged to or reimbursed from funds made available to carry out this
chapter, other than any such costs which are either paid directly for
such defense services under section 21(a) of the Armed Export Control
Act // 22 USC 2761. // or reimbursed from charges for services
collected from foreign governments pursuant to section 21(e) and section
43(b) of that Act.
"(e) Members of the Armed Forces assigned to a foreign country under
this section shall serve under the direction and supervision of the
Chief of the United States Diplomatic Mission to that country.
"(f) The President shall continue to instruct United States
diplomatic and military personnel in the United States missions abroad
that they should not encourage, promote, or influence the purchase by
any foreign country of United States-made military equipment, unless
they are specifically instructed to do so by an appropriate official of
the executive branch.".
Sec. 113. section 542 of the Foreign Assistance Act of 1961 // 22 22
USC 2347a. // is amended by striking out "$34,000,000 for the fiscal
year 1981" and inserting in lieu therof "$42,000,000 for the fiscal year
1982 and $42,000,000 for the fiscal year 1983".
Sec. 114. (a) Section 552(a) of the Foreign Assistance Act of 1961
// USC 2348a. // is amended by striking out "$25,000,000 for the fiscal
year 1981" and inserting in lieu thereof "$19,000,000 for the fiscal
year 1982 and $19,000,000 for the fiscal year 1983".
(b) Section 552(c) of such Act is amended by striking out "(1)" and
all that follows through "may not be transferred" and inserting in lieu
therof "the total amount so transferred in any fiscal year may not
exceed $15,000,000".
IN THE
UNITED STATES
Sec. 115. Chapter 1 of the Arms Export Control Act is amended by
adding at the end thereof the following new section:
" Sec. 6. // 22 USC 2756. // Foreign Intimidation and Harassment of
Individuals in the Un the United States.-No letters of offer may be
issued, no credits or guarantees may be extended, and no export licenses
may be issued under this Act with respect to any country determined by
the President to be engaged in a consistent pattern of acts of
intimidation or harassment directed against individuals in the United
States. The President shall report any such determination promptly to
the Speaker of the House of Representatives and to the chairman of the
Committee on Foreign Relations of the Senate.".
Sec. 201. Section 531(b)(1) of the Foreign Assistance Act of 1961 //
22 USC 2346. // is amended by striking out "for the fiscal year 1981,
$2,065,300,000" and inserting in lieu thereof "$2,623,500,000 for the
fiscal year 1982 and $2,723,500,000 for the fiscal year 1983".
Sec. 202. Chapter 4 of part II of the Foreign Assistance Act of 1961
is amended by striking out sections 532 and 533 and inserting in lieu
thereof the following new sections:
" Sec. 532. // 22 USC 2346a. // Middle East Programs.-(a)(1) Of the
funds authorized to be appropriated to carry out this chapter for the
fiscal year 1982 and for the fiscal year 1983, not less than
$785,000,000 for each such year shall be available only for Israel and
not less than $750,000,000 for each such year shall be available only
for Egypt. Amounts made available for Israel and Egypt for the fiscal
year 1982 pursuant to this paragraph shall be in addition to the amounts
made available to those countries pursuant to paragraph (4) of this
subsection.
"(2) All of the funds made available to Israel and to Egypt under
this chapter for the fiscal years 1982 and 1983 shall be provided on a
grant basis.
"(3) The total amount of funds allocated for Israel under this
chapter for the fiscal 1982 and for the fiscal year 1983 may be made
available as a cash transfer. In exercising the authority of this
paragraph, the President shall ensure that the level of cash transfers
made to Israel does not cause an adverse impact on the total amount of
nonmilitary exports from the United States to Israel.
"(4) In addition to the amounts requested for Israel and Egypt under
this chapter for the fiscal year 1982, $21,000,000 shall be made
available for Israel for the fiscal year 1982 $21,000,000 shall be made
available for Egypt for the fiscal year 1982 in order to replace the
funds which were authorized and appropriated for those countries in the
fiscal year 1981 but which were reprogrammed in order to provide
assistance for Liberia and El Salvador.
"(5) Of the amounts provided to Egypt under this chapter for the
fiscal year 1982 and for the fiscal year 1983, up to $50,000,000 for
each such year may be used under title XII of chapter 2 of part I of
this Act // 22 USC 2220a. // in building agricultural extension
services in Egypt for the small farmer in order to upgrade the skills of
the agricultural faculty in provincial universities, improve the
agricultural curriculum offered and the equipment available in
provincial universities, and establish a provincial university extension
service with an outreach program which can directly reach the Egyptian
small farmer.
"(b)(1) Of the funds authorized to be appropriated to carry out this
chapter for the fiscal year 1982 and for the fiscal year 1983,
$11,000,000 for each such year may be used for special requirements in
the Middle East, including regional cooperative projects of a scientific
and technological nature in accordance with paragraph (2) of this
subsection, other regional programs, development programs on the West
Bank and in Gaza, population programs, project development and support,
and programs of participant training.
"(2) It is the sense of the Congress that, in order to continue to
build the structure of peace in the Middle East, the United States
should finance, and where appropriate participate in, cooperative
projects of a scientific and technological nature involving Israel and
Egypt and other Middle East countries wishing to participate. These
cooperative projects should include projects in the fields of
agriculture, health, energy, the environment, education, water
resources, and the social sciences. Of the funds available under
paragraph (1) of this subsection for the fiscal year 1982 and for the
fiscal year 1983, $4,000,000 for each such year may be used in
accordance with this paragraph for scientific and technological projects
which will promote regional cooperation among Israel and Egypt and other
Middle East countries.
"(3) The President may obligate funds under paragraph (1) of this
subsection only if, in accordance with the established prenotification
procedures under section 634 A of this Act, // 22 USC 2394-1. // he
transmits a report to the Committee on Foreign Affairs and the Committee
on Appropriations of the House of Representatives, and to the Committee
on Foreign Relations and the Committee on Appropriations of the Senate,
at least 15 days prior to such obligation. This report shall set
forth--,
"(A) the name of the proposed recipient of such funds,
"(B) the amount of funds to be made available to such
recipient, and
"(C) the purpose for which such funds are to be made available.
"(4) At the end of the fiscal year 1981, at the end of the fiscal
year 1982, and at the end of the fiscal year 1983, the President shall
report to the Congress on the use of funds under this chapter during
that fiscal year for special requirements in the Middle East.
"(c) None of the funds appropriated to carry out this chapter for the
fiscal year 1982 or the fiscal year 1983 may be made available to Syria.
"(d) It is the sense of the Congress that, of the funds authorized to
be appropriated to carry out this chapter, $7,000,000 for the fiscal
year 1982 and $7,000,000 or more for the fiscal year 1983 should be made
available for Lebanon for relief and rehabilitation programs of
international and private voluntary agencies and other not-for-profit
United States organizations operating in Lebanon.
" Sec. 533. // 22 USC 2346b. // Eastern Mediterranean Programs.-(a)
Not less than two-thirds of the funds made available to Turkey under
this chapter for each of the fiscal years 1982 and 1983 shall be
provided on a grant basis.
"(b) Of the funds authorized to be appropriated to carry out this
chapter for the fiscal year 1982 and for the fiscal year 1983,
$15,000,000 for each such year shall be available only for Cyprus. Of
that amount, $5,000,000 for the fiscal year 1982 and $10,000,000 for the
fiscal year 1983 shall be for scholarship programs to bring Cypriots to
the United States for education.
" Sec. 534. // 22 USC. 2346c. // Prohibition on Use of Funds for
Nuclear Facilities.-Funds available to carry out this chapter for the
fiscal year 1982 and for the fiscal year 1983 may not be used to finance
the construction of, the operation or maintenance of, or the supplying
of fuel for, any nuclear facility in a foreign country unless the
President certifies to the Congress that use of funds for such purpose
is indispensable to the achievement of nonproliferation objectives which
are uniquely significant and of paramount importance to the United
States.
" Sec. 535. // 22 USC 2346d. // Emergency Assistance.-(a) Of the
funds appropriated to carry out this chapter, up to $75,000,000 for the
fiscal year 1982 and up to $75,000,000 for the fiscal year 1983 may be
made available for emergency use under this chapter when the national
interests of the United States urgently require economic support to
promote economic or political stability.
"(b) Notwithstanding any provision of this chapter or of an
appropriations Act (including a joint resolution making continuing
appropriations) which earmarks funds available to carry out this chapter
for a specific country or purpose, up to 5 percent of each amount so
earmarked may be used to carry out this section.
" Sec. 536. // 22 USC 2346e. // Special Requirements Fund.-Of the
amounts appropriated to carry out this chapter, up to $75,000,000 for
the fiscal year 1982 may be made available as a special requirements
fund, except that such funds may not be obligated unless the Committee
on Foreign Relations of the Senate, the Committee on Foreign Affairs of
the House of Representatives, and the Committee on Appropriations of
each House of the Congress are notified fifteen days in advance of such
obligation.
" Sec. 537. // 22 USC 2346f. // Tunisia.-Of the funds authorized to
be appropriated to carry out this chapter for the fiscal years 1982 and
1983, not less than $5,000,000 for each such year shall be available for
Tunisia.
" Sec. 538. // 22 USC 2346g. // Costa Rica.-Of the funds authorized
to be appropriated to carry out this chapter for the fiscal years 1982
and 1983, not less than $15,000,000 for each such year shall be
available only for Costa Rica for the purposes of economic assistance.
" Sec. 539. // 22 USC 2346h. // Nicaragua.-Of the funds authorized
to be appropriated to carry out this chapter, $20,000,000 for the fiscal
year 1982 and $20,000,000 for the fiscal year 1983 shall be available
only for Nicaragua.".
PRODUCTS
UNDER COMMODITY IMPORT PROGRAMS
Sec. 203. // 22 USC 2346 // The Congress directs the President to
allocate at least 15 percent of the funds which are made available each
fiscal year under this title for commodity import programs for use in
financing the purchase of agricultural commodities and
agricultural-related products which are of United States-origin.
Sec. 301. (a) The first sentence of section 103(a)(2) of the Foreign
Assistance Act of 1961 // 22 USC 2151a. // is amended by striking out
"$713,500,000 for the fiscal year 1981" and inserting in lieu thereof
"$700,000,000 for the fiscal year 1982 and $700,000,000 for the fiscal
year 1983, of which up to $1,000,000 for each such fiscal year shall be
available only to carry out section 316 of the International Security
and Development Cooperation Act of 1980". // 94 Stat. 3149. //
(b)(1) It is the sense of the Congress that the United States should
strongly support the efforts of developing countries to improve infant
feeding practices, in particular through the promotion of breast
feeding. As a demonstration of that support, the President is
authorized to use up to $5,000,000 of the funds made available for the
fiscal year 1982 to carry out the purposes of sections 103 and 104(c) of
the Foreign Assistance Act of 1961 // 22 USC 2151a, 2151b. // in order
to assist developing countries establish or improve programs to
encourage improved infant feeding practices. In carrying out this
paragraph, the Agency for International Development should provide funds
for necessary research to obtain better information on the precise
nature and magnitude of problems relating to infant feeding practices,
including the use of infant formula, in developing countries.
(2) The President shall, as part of the congressional presentation
documentation for the fiscal years 1983 and 1984, include information
relevant to the implementation of this subsection, including--,
(A) a description of actions taken by the Agency for
International Development to promote breast feeding and to improve
supplemental infant feeding practices in developing countries
through funds made available in this subsection and through its
regular programs in the fields of health, nutrition, and
population activities;
(B) a summary of the results of studies authorized by this
subsection on the nature and magnitude of problems in developing
countries related to infant feeding practices; and
(C) a summary of reports by member countries of the World
Health Organization on their actions to implement the
International Code of Marketing of Breast Milk Substitutes.
(c) Section 103 of such Act // 22 USC 2151a. // is amended by adding
at the end thereof the following new subsection:
"(g) In order to carry out the purposes of this section, the
President may continue to participate in and may provide, on such terms
and conditions as he may determine, up to $180,000,000 to the
International Fund for Agricultural Development. There are authorized
to be appropriated to the President for the purposes of this subsection
$180,000,000, except that not more than $40,500,000 may be appropriated
under this subsection for the fiscal year 1982. Amounts appropriated
under this subsection are authorized to remain available until
expended.".
Sec. 302. // 22 USC 2151b. // (a) Section 104(g) of the Foreign
Assistance Act of 1961 is amended by striking out the first sentence and
inserting in lieu thereof the following: " There are authorized to be
appropriated to the President, in addition to funds otherwise available
for such purposes--,
"(1) $211,000,000 for the fiscal year 1982 and $211,000,000 for
the fiscal year 1983 to carry out subsection (b) of this section;
and
"(2) $133,405,000 for the fiscal year 1982 and $133,405,000 for
the fiscal year 1983 to carry out subsection (c) of this section.
Of the funds appropriated for each of the fiscal years 1982 and 1983 to
carry out subsection (b) of this section, not less than 16 percent or
$38,000,000, whichever amount is less, shall be available only for the
United Nations Fund for Population Activities.".
(b) Section 104(f) of such Act is amended by adding at the end
thereof the following:
"(3) None of the funds made available to carry out this part may be
used to pay for any biomedical research which relates, in whole or in
part, to methods of, or the performance of, abortions or involuntary
sterilization as a means of family planning.".
Sec. 303. // 22 USC 2151c. // (a) The second sentence of section
105(a) of the Foreign Assistance Act of 1961 is amended by striking out
"$101,000,000 for the fiscal year 1981" and inserting in lieu thereof
"$103,600,000 for the fiscal year 1982 and $103,600,000 for the fiscal
year 1983".
(b) Such section is further amended by adding at the end thereof the
following: " For each of the fiscal years 1982 and 1983, the President
shall use not less than $4,000,000 of the funds made available for the
purposes of this section to finance scholarships for undergraduate or
professional education in the United States for South African students
who are disadvantaged by virtue of legal restrictions on their ability
to get an adequate undergraduate or professional education, except that
up to $1,000,000 of the funds made available for each such fiscal year
under chapter 4 of part II of this Act // 22 USC 2346. // for southern
African regional programs may be used to finance such scholarships in
lieu of an equal amount under this section.".
Sec. 304. (a) Section 106(d)(3) of the Foreign Assistance Act of
1961 // 22 USC 2151d. // is amended by inserting immediately before the
semicolon at the end thereof the following: "and programs of disaster
preparedness, including the prediction of and contingency planning for
natural disasters abroad".
(b) Section 106(e)(1) of such Act is amended by striking out
"$140,000,000 for the fiscal year 1981" and inserting in lieu thereof
"$147,200,000 for the fiscal year 1982 and $147,200,000 for the fiscal
year 1983".
Sec. 305. Section 113 of the Foreign Assistance Act of 1961 // 22
USC 2151k. // is amended by adding at the end thereof the following new
subsection:
"(c) Not less than $500,000 of the funds made available under this
chapter for the fiscal year 1982 shall be expended on international
programs which support the original goals of the United Nations Decade
for Women.".
Sec. 306. The first sentence of section 116(e) of the Foreign
Assistance Act of 1961 // 22 USC 2151n. // is amended by striking out
"the fiscal year 1981" and inserting in lieu thereof "each of the fiscal
years 1982 and 1983".
Sec. 307. Section 118 of the Foreign Assistance Act of 1961 // 22
USC 2151p. // is amended to read as follows:
" Sec. 118. Environment and Natural Resources.-(a) The Congress
finds that if current trends in the degradation of natural resources in
developing countries continue, they will severely undermine the best
efforts to meet basic human needs, to achieve sustained economic growth,
and to prevent international tension and conflict. The Congress also
finds that the world faces enormous, urgent, and complex problems, with
respect to natural resources, which require new forms of cooperation
between the United States and developing countries to prevent such
problems from becoming unmanageable. It is, therefore, in the economic
and security interests of the United States to provide leadership both
in thoroughly reassessing policies relating to natural resources and the
environment, and in cooperating extensively with developing countries in
order to achieve environmentally sound development.
"(b) In order to address the serious problems described in subsection
(a), the President is authorized to furnish assistance under this part
for developing and strengthening the capacity of developing countries to
protect and manage their environment and natural resources. Special
efforts shall be made to maintain and where possible to restore the
land, vegetation, water, wildlife, and other resources upon which depend
economic growth and human well-being, especially of the poor.
"(c)(1) The President, in implementing programs and projects under
this chapter, shall take fully into account the impact of such programs
and projects upon the environment and natural resources of developing
countries. Subject to such procedures as the President considers
appropriate, the President shall require all agencies and officials
responsible for programs or projects under this chapter--,
"(A) to prepare and take fully into account an environmental
impact statement for any program or project under this chapter
significantly affecting the environment of the global commons
outside the jurisdiction of any country, the environment of the
United States, or other aspects of the environment which the
President may specify; and
"(B) to prepare and take fully into account an environmental
assessment of any proposed program or project under this chapter
significantly affecting the environment of any foreign country.
Such agencies and officials should, where appropriate, use local
technical resources in preparing environmental impact statements and
environmental assessments pursuant to this subsection.
"(2) The President may establish exceptions from the requirements of
this subsection for emergency conditions and for cases in which
compliance with those requirements would be seriously detrimental to the
foreign policy interests of the United States.
"(d)(1) In enacting section 103(b)(3) of this Act // 22 USC 2151a.
// the Congress recognized the importance of forests and tree cover to
the developing countries. The Congress is particularly concerned about
the continuing and accelerating alteration, destruction, and loss of
tropical forests in developing countries. Tropical forests constitute a
major world resource. Their destruction and loss pose a serious threat
to development and the environment in developing countries. Tropical
forest destruction and loss result in shortages of wood, especially wood
for fuel; siltation of lakes, reservoirs and irrigation systems;
floods; destruction of indigenous peoples; extinction of plant and
animal species; reduced capacity for food production; and loss of
genetic resources; and can result in desertification and in
destabilization of the earth's climate. Properly managed tropical
forests provide a sustained source of fiber and other commodities
essential to the economic growth of developing countries.
"(2) The concerns expressed in paragraph (1) and the recommendations
of the United States Interagency Task Force on Tropical Forests shall be
considered by the President--,
"(A) in formulating and carrying out programs and policies with
respect to developing countries, including those relating to
bilateral and multilateral assistance and those relating to
private sector activities, and
"(B) in seeking opportunities to coordinate public and private
development and investment activities which affect forests in
developing countries.
"(3) It is the sense of the Congress that the President should
instruct the representatives of the United States to the United Nations
and to other appropriate international organizations to urge--,
"(A) that higher priority be given in the programs of these
organizations to the problems of tropical forest alteration and
loss, and
"(B) that there be improved cooperation and coordination among
these organizations with respect to tropical forest activities.".
Sec. 308. (a) Section 121(c) of the Foreign Assistance Act of 1961
// 22 USC 2151s. // is amended in the third sentence by striking out
"$88,442,000 for the fiscal year 1981" and inserting in lieu thereof
"$86,558,000 for the fiscal year 1982 and $86,558,000 for the fiscal
year 1983".
(b) Section 121 of such Act is amended by adding at the end thereof
the following new subsection:
"(d) Funds available to carry out this section (including foreign
currencies acquired with funds appropriated to carry out this section)
may not be made available to any foreign government for disbursement
unless the Administrator of the Agency for International Development
determines that the foreign government will maintain a system of
accounts with respect to those funds which will provide adequate
identification of and control over the receipt and expenditure of those
funds.".
Sec. 309. Section 123 of the Foreign Assistance Act of 1961 // 22
USC 2151u. // is amended by adding at the end thereof the following new
subsections:
"(f) For each of the fiscal years 1982, 1983, and 1984, funds in an
amount not less than 12 percent of the aggregate amount appropriated for
that fiscal year to carry out sections 103(a), 104(b), 104(c), 105, 106,
121, and 491 of this Act // 22 USC 2151a, 2151b, 2151c, 2151d, 2151s,
2292. // shall be made available for the activities of private and
voluntary organizations, and the President shall seek to channel funds
in an amount not less than 16 percent of such aggregate amount for the
activities of private and voluntary organizations.
"(g) After December 31, 1984, funds made available to carry out
section 103(a), 104(b), 104(c), 105, 106, 121, or 491 of this Act may
not be made available for programs of any United States private and
voluntary organization which does not obtain at least 20 percent of its
total annual financial support for its international activities from
sources other than the United States Government, except that this
restriction does not apply with respect to programs which, as of that
date, are receiving financial support from the agency primarily
responsible for administering this part. The Administrator of the
agency primarily responsible for administering this part may, on a
case-by-case basis, waive the restriction established by this
subsection, after taking into account the effectiveness of the overseas
development activities of the organization, its level of volunteer
support, its financial viability and stability, and the degree of its
dependence for its financial support on the agency primarily responsible
for administering this part.".
Sec. 310. (a) Section 222(a) of the Foreign Assistance Act of 1961
// 22 USC 2182. // is amended--,
(1) in the second sentence by striking out "$1,555,000,000" and
inserting in lieu thereof "$1,718,000,000"; and
(2) in the third sentence by striking out " September 30, 1982"
and inserting in lieu thereof " September 30, 1984".
(b) Section 223(b) of such Act // 22 USC 2183. // is amended by
adding at the end thereof the following: " All of the foregoing fees
referred to in this section together with earnings thereon and other
income arising from guaranty operations under this title shall be held
in a revolving fund account maintained in the Treasury of the United
States. All funds in such account may be invested in obligations of the
United States. Any interest or other receipts derived from such
investments shall be credited to such account and may be used for the
purposes cited in this section.".
Sec. 311. (a) Section 301 of the Foreign Assistance Act of 1961 //
22 USC 2221. // is amended by adding at the end thereof the following
new subsection:
"(h) The President is authorized to permit the United States to
participate in and to use any of the funds made available under this
part after the date of enactment of this subsection for the purpose of
furnishing assistance (on such terms and conditions as the President may
determine) to the International Food Policy Research Institute.".
(b) Section 302(a)(1) of such Act // 22 USC 2222. // is amended by
striking out "$233,350,000 for the fiscal year 1981" and inserting in
lieu thereof "$218,600,000 for the fiscal year 1982 and $218,600,000 for
the fiscal year 1983. Of the funds appropriated under this paragraph
for each of the fiscal years 1982 and 1983, (A) not less than 19.6
percent or $45,000,000, whichever amount is less, shall be available
only for the United States Children's Fund, (B) not less than 59.5
percent or $134,500,000, whichever amount is less, shall be available
only for the United Nations Development Fund, (C) not less than 4.4
percent or $10,000,000, whichever amount is less, shall be available
only for the United Nations Environment Fund, (D) not less than 0.159
percent or $400,000, whichever amount is less, shall be available only
for the United Nations Trust Fund for Southern Africa, and (E) not less
than 0.196 percent or $500,000, whichever amount is less, shall be
available only for the United Nations Institute for Training and
Research".
Sec. 312. (a) The section caption of section 661 of the Foreign
Assistance Act of 1961 // 22 USC 2421. // is amended by striking out "
REIMBURSABLE DEVELOPMENT PROGRAMS" and inserting in lieu thereof " TRADE
AND DEVELOPMENT PROGRAM".
(b) Such section 661 is further amended--,
(1) by inserting "(a)" immediately before " The President";
(2) in the first sentence by striking out "to use $4,000,000 of
the funds made available for the fiscal year 1981 for the purposes
of this Act"; and
(3) by adding at the end thereof the following new subsection:
"(b) There are authorized to be appropriated to the President for
purposes of this section, in addition to funds otherwise available for
such purposes, $6,907,000 for the fiscal year 1982 and $6,907,000 for
the fiscal year 1983. Amounts appropriated under this subsection are
authorized to remain available until expended.".
Sec. 313. Section 510 of the International Security and Development
Cooperation Act of 1980 // 22 USC 290h-8. // is amended--,
(1) by striking out "for the fiscal year 1981"; and
(2) by striking out "$2,000,000" and inserting in lieu thereof
"not less than $2,000,000 for the fiscal year 1982 and up to
$2,000,000 for the fiscal year 1983".
Sec. 401. The Agricultural Trade Development and Assistance Act of
1954 // 7 USC 1701. // is amended--,
(1) in section 101, by striking out "for foreign currencies"
and inserting in lieu thereof ", to the extent that sales for
dollars under the terms applicable to such sales are not possible,
for foreign currencies on credit terms and on terms which permit
conversion to dollars at the exchange rate applicable to the sales
agreement";
(2) by amending section 103(b)
// 7 USC 1703. //
to read as follows:
"(b) except where the President determines that it would be
inconsistent with the objectives of this Act, determine the amount
of foreign currencies needed for the uses specified in subsections
(a), (b), (e), and (h) of section 104 and in title III,
// 7 USC 1704, 1727. //
and the agreements for credit sales shall provide for payment of
such amounts in dollars or in foreign currencies upon delivery of
the agricultural commodities; and such payment may be considered
as an advance payment of the earliest enstallments;";
(3) in section 103(d), by striking out "(1)" and by striking
out ", or (2) for the purpose only of sales of agricultural
commodities for foreign currencies under title I of this Act, any
country or area dominated by a Communist government";
(4) in section 103(1), by striking out "obtain commitments from
friendly" and all that follows through " United States of America,
and";
(5) in section 104--,
// 7 USC 1704. //
for
such sales entered into prior to January 1, 1972,"; and
(k),
by striking out "(except as provided in subsection (c)
of this
section),";
(6) in section 106(a)--,
// 7 USC 1706. //
"(2) Payment by any friendly country for commodities purchased for
foreign currencies on credit terms and on terms which permit conversion
to dollars shall be upon terms no less favorable to the United States
than those for development loans made under section 122 of the Foreign
Assistance Act of 1961.";
(7) by repealing section 108; and
// 7 USC 1708. //
(8) by repealing section 109(b).
// 7 USC 1709. //
Sec. 402. Section 104(d) of the Agricultural Trade Development and
Assistance Act of 1954 is amended by striking out "$5,000,000" and
inserting in lieu thereof "$10,000,000".
PRODUCTION;
VERIFICATION OF SELF-HELP PROVISIONS
Sec. 403. (a) Section 109(a) of the Agricultural Trade Development
and Assistance Act of 1954 is amended--,
(1) by inserting in paragraph (3) immediately before the
semicolon ", and reducing illiteracy among the rural poor";
(2) by striking out the period at the end of paragraph (10) and
inserting in lieu thereof "; and"; and
(3) by inserting the following new paragraph immediately after
paragraph (10);
"(11) carrying out programs to improve the health of the rural
poor.".
(b) Section 109 of the Agricultural Trade Development and Assistance
Act of 1954 // 7 USC 1709. // is amended by adding at the end thereof a
new subsection as follows:
"(d)(1) In each agreement entered into under this title and in each
amendment to such an agreement, the economic development and self-help
measures which the recipient country agrees to undertake shall be
described (A) to the maximum extent feasible, in specific and measurable
terms, and (B) in a manner which ensures that the needy people in the
recipient country will be the major beneficiaries of the self-help
measures pursuant to each agreement.
"(2) the President shall, to the maximum extent feasible, take
appropriate steps to assure that, in each agreement entered into under
this title and in each amendment to such an agreement, the self-help
measures agreed to are additional to the measures that the recipient
country otherwise would have undertaken irrespective of that agreement
or amendment.
"(3) The President shall take all appropriate steps to determine
whether the economic development and self-help provisions of each
agreement entered into under this title, and of each amendment to such
an agreement, are being fully carried out.".
(c) The amendments made by this section // 7 USC 1709 // shall not be
effective if the Agriculture and Food Act of 1981 is enacted (either
before or after the enactment of this Act) and contains the same
amendments.
Sec. 404. Section 201(b)(3) of the Agricultural Trade Development
and Assistance Act of 1954 // 7 USC 1721. // is amended by striking out
"1,400,000 metric tons" and inserting in lieu thereof "1,200,000 metric
tons for nonemergency programs".
Sec. 501. Section 214(c) of the Foreign Assistance Act of 1961 // 22
USC 2174. // is amended by striking out "$30,000,000 for the fiscal
year 1981" and inserting in lieu thereof "$20,000,000 for the fiscal
year 1982 and $20,000,000 for the fiscal year 1983".
Sec. 502. (a)(1) Section 481(d) of the Foreign Assistance Act of
1961 // 22 USC 2291. // is amended to read as follows:
"(d)(1) The Secretary of State shall inform the Secretary of Health
and Human Services of the use or intended use by any country or
international organization of any herbicide to eradicate marihuana in a
program receiving assistance under this chapter.
"(2) The Secretary of Health and Human Services shall monitor the
impact on the health of persons who may use or consume marihuana of the
spraying of a herbicide to eradicate such marihuana in a program
receiving assistance under this chapter, and if the Secretary determines
that such persons are exposed to amounts of such herbicide which are
harmful to their health, the Secretary shall prepare and transmit a
report to the Congress setting forth such determination together with
any recommendations the Secretary may have.
"(3) Of the funds authorized to be appropriated for the fiscal year
1982 under section 482, // 22 USC 2291a. // the President is urged to
use not less than $100,000 to develop a substance that clearly and
readily warns persons who may use or consume marihuana that it has been
sprayed with the herbicide paraquat or other herbicide harmful to the
health of such persons.
"(4) If the Secretary of Agriculture determines that a substance has
been developed that clearly and readily warns persons who may use or
consume marihuana that it has been sprayed with the herbicide paraquat
or other herbicide harmful to the health of such persons, such substance
shall be used in conjunction with the spraying of paraquat or such other
herbicide in any program receiving assistance under this chapter.".
(2) Assistance provided from funds appropriated, before the enactment
of this Act, // 22 USC 2291 // to carry out section 481 of the Foreign
Assistance Act of 1961 // 22 USC 2291. // may be made available for
purposes prohibited by subsection (d) of such section as in effect
immediately before the enactment of this subsection.
(3) Funds appropriated for the fiscal year 1980 to carry out section
481 of the Foreign Assistance Act of 1961 // 22 USC 2291 // which were
obligated for assistance for the Republic of Colombia may be used for
purposes other than those set forth in section 482(a)(2) of that Act as
in effect immediately before the enactment of the International Security
and Development Cooperation Act of 1980. // 94 Stat. 3131. //
(4) Paragraphs (2) and (3) of this subsection // 22 USC 2291 // shall
apply only to the extent provided in advance in an appropriations Act.
For such purpose, the funds described in those paragraphs are authorized
to be made available for the purposes specified in those paragraphs.
(b) Section 481 of the Foreign Assistance Act of 1961 // 22 USC 2291.
// is amended by
"(e) Not later than February 1 of each year, the President shall
transmit to the Speaker of the House of Representatives, and to the
Committee on Foreign Relations of the Senate, a report on the status of
the United States policy to establish and encourage an international
strategy to prevent the illicit production of and to interdict and
intercept trafficking in narcotics.".
(c) Section 482(a) of such Act // 22 USC 2291a. // is amended to
read as follows:
"(a)(1) to carry out the purposes of section 481, there are
authorized to be appropriated to the President $37,700,000 for the
fiscal year 1982 and $37,700,000 for the fiscal year 1983.
"(2) Amounts appropriated under this subsection are authorized to
remain available until expended.".
Sec. 503. Section 492(a) of the Foreign Assistance Act of 1961 // 22
USC 2292a. // is amended by striking out "$25,000,000 for the fiscal
year 1981" and inserting in lieu thereof "$27,000,000 for the fiscal
year 1982 and $27,000,000 for the fiscal year 1983".
Sec. 504. Chapter 9 of part I of the Foreign Assistance Act of 1961
is amended by adding at the end thereof the following new section:
" Sec. 495 I. // 22 USC 2292o. // Assistance for Displaced Persons
in Central America.--, (a)(1) The Congresss recognizes that prompt
United States assistance is necessary to help meet the basic human needs
o fpersons displaced by strife in El Salvador. Therefore, the President
is authorized to furnish assistance, on such terms and conditions as he
may determine, to help alleviate the suffering of these displaced
persons. Assistance provided under this section shall be for
humanitarian purposes, with emphasis on the provision of food, medicine,
medical care, and shelter and, where possible, implementation of other
relief and rehabilitation activities. The Congress encourages the use,
where appropriate, of the services of private and voluntary
organizations and international relief agencies in the provision of
assistance under this section.
"(2) The Congress understands that the country of Belize has
expressed interest and willingness in the resettlement in its territory
of Haitian nationals who desire to settle in Belize. therefore, the
President is authorized to furnish assistance, on such terms and
conditions as he may determine, to assist the Government of Belize in
the resettlement of Haitian nationals in the national territory of
Belize.
"(b) There are authorized to be appropriated to the President for the
purposes of this section, in addition to amounts otherwise available for
such purposes, $5,000,000 for the fiscal year 1982 and $5,000,000 for
the fiscal year 1983. Amounts appropriated under this section are
authorized to remain available until expended.
"(c) Assistance under this section shall be provided in accordance
with tthe policies and utilizing the general authorities provided in
section 491.". // 22 USC 2292. //
Sec. 601. (a) The Peace Corps Act (22 U.S.C. 2501 et seq.) is
amended by inserting the following new section 2 A immediately after
section 2:
" Sec. 2 A. // 22 USC 2501 - 1. // Effective on the date of the
enactment of the International Security and Development Cooperation Act
of 1981, the Peace Corps shall be an independent agency within the
executive branch and shall not be an agency within the ACTION Agency or
any other department or agency of the United States.".
(b) There are transferred to the Director of the Peace Corps all
functions relating to the Peace Corps which were vested in the Director
of the ACTION Agency on the day before the date of the enactment of this
Act.
(c)(1) All personnel, assets, liabilities, contracts, property,
records, and unexpended balances of appropriations, authorizations,
allocations, and other funds as are determined by the Director of the
Office of Management and Budget, after consultation with the Comptroller
General of the United States, the Director of the Peace Corps, and the
Director of the ACTION Agency, to be employed, held, used, or assumed
primarily in connection with any function relating to the Peace Corps
before the date of the enactment of this Act are transferred to the
Peace Corps. The transfer of unexpended balances pursuant to the
preceding sentence shall be subject section 202 of the Budget and
Accounting Procedures Act of 1950 (31 U.S.C. 581c).
(2)(A) The transfer pursuant to this subsection of full-time
personnel (except special Government employees) and part-time personnel
holding permanent positions shall not cause any employee to be separated
or reduced in rank, class, grade, or compensation, or otherwise suffer a
loss of employment benefits for one year after--,
(i) the date on which the Director of the Office of Management
and Budget submits the report required by subsection (f)(1) of
this section, or
(ii) the effective date of the transfer of such employee,
whichever occurs later.
(B) The personnel transferred pursuant to this subsection shall, to
the maximum extent feasible, be assigned to such related functions and
organizational units in the Peace Corps as such personnel were assigned
to immediately before the date of the enactment of this Act.
(C) Collective-bargaining agreements in effect on the date of the
enactment of this Act covering personnel transferred pursuant to this
subsection or employed on such date of enactment by the Peace Corps
shall continue to be recognized by the Peace Corps until the termination
date of such agreements or until such agreements are modified in
accordance with applicable procedures.
(3) Under such regulations as the President may prescribe, each
person who, immediately before the date of the enactment of this Act,
does not hold an appointment under section 7(a)(2) of the Peace Corps
Act // 22 USC 2506. // and who is determined under paragraph (1) of
this subsection to be employed primarily in connection with any function
relating to the Peace Corps shall, effective on the date of the
enactment of this Act, and notwithstanding subparagraph (B) of section
7(a)(2) of the Peace Corps Act, be appointed a member of the Foreign
Service under section 7(a)(2) of the Peace Corps Act, and be appointed
or assigned to an appropriate class of the Foreign Service, except
that--,
(A) any person who, immediately before such date of enactment,
holds a career or career-conditional appointment shall not,
without the consent of such person, be so appointed until three
years after such date of enactment, during which period any such
person not consenting to be so appointed may continue to hold such
career or career-conditional appointment; and
(B) each person so appointed who, immediately before such date
of enactment, held a career or career-conditional appointment at
grade GS-8 or lower of the General Schedule established by section
5332 of title 5, United States Code, shall be appointed a under
the Peace Corps Act.
Each person appointed under this paragraph shall receive basic
compensation at the rate of such person's class determined by the
President to be appropriate, except that the rate of basic compensation
received by such person immediately before the effective date of such
person's appointment under this paragraph shall not be reduced as a
result of the provisions of this paragraph.
(d)(1) Section 4(b) of the Peace Corps Act (22 U.S.C. 2503(b)) is
amended by striking out "such agency or officer of the United States
Government as he shall direct. The head of any such agency or any such
officer" and inserting in lieu thereof "the Director of the Peace Corps.
The Director of the Peace Corps".
(2) The Director of the Peace Corps shall continue to exercise all
the functions under the Peace Corps Act // 22 USC 2501 // or any other
law or authority which the Director was performing on December 14, 1981.
(e)(1) Section 3 of the Peace Corps Act (22 U.S.C. 2502) is amended
by repealing subsections (d), (e), and (f) and by redesignating
subsection (g) as subsection (d).
(2) The amendment made by paragraph (1) of this subsection // 22 USC
2502 // shall not alter or affect (A) the validity of any action taken
before the date of the enactment of this Act under those provisions of
law repealed by that amendment, or (B) the liability of any person for
any payment described in section 3(f) of the Peace Corps Act as in
effect immediately before the date of the enactment of this Act.
(f)(1) Not later than the thirtieth day after the date of the
enactment of this Act, or February 15, 1982, whichever occurs later, the
Director of the Office of Management and Budget, after consultation with
the Director of the Peace Corps and the Director of the ACTION Agency,
shall submit to the appropriate committees of the Congress and to the
Comptroller General a report on the steps taken to implement the
provisions of this title, including descriptions of the dispositions of
administrative matters, including matters relating to personnel, assets,
liabilities, contracts, property, records, and unexpended balances or
appropriations, authorizations, allocations, and other funds employed,
used, held, available, or to be made available in connection with
functions or activities relating to the Peace Corps.
(2) Not later than the forty-fifth day after the date of the
enactment of this Act, or March 1, 1982, whichever occurs later, the
Comptroller General shall submit to the appropriate committees of the
Congress a report stating whether, in the judgment of the Comptroller
General, determinations made by the Director of the Office of Management
and Budget under subsection (c)(1) of this section were equitable.
(g) References in any statute, reorganization plan, Executive order,
regulation, or other official document or proceeding to the ACTION
Agency or the Director of the ACTION Agency with respect to functions or
activities relating to the Peace Corps shall be deemed to refer to the
Peace Corps or the Director of the Peace Corps, respectively.
Sec. 602. (a) Section 3(b) of the Peace Corps Act (22 U.S.C. 2502(
b)) is amended by striking out "fiscal year 1981 not to exceed
$118,000,000" and inserting in lieu thereof "the fiscal year 1982 not to
exceed $105,000,000 and for the fiscal year 1983 not to exceed
$105,000,000".
(b) Section 3(c) of such Act is amended by striking out "fiscal year
1981" and inserting in lieu thereof "each fiscal year".
Sec. 603 Section 3 of the Peace Corps Act (22 U.S.C. 2502) is amended
by adding at the end thereof the following new subsection:
"(h) In recognition of the fact that there are over 400,000,000
disabled people in the world, 95 percent of whom are among the poorest
of the poor, the Peace Corps shall be administered so as to give
particular attention to programs, projects, and activities which tend to
integrate disalbed people into the national economies of developing
countries, thus improving their status and assisting the total
development effort.".
CONTAINED IN THE
FOREIGN SERVICE ACT
Sec. 604. (a) Section 10 of the Peace Corps Act (22 U.S.C. 2509) is
amended by adding at the end thereof the following new subsections:
"(i) The Director of the Peace Corps shall have the same authority as
is available to the Secretary of State under section 26(a) of the State
Department Basic Authorities Act of 1956. // 94 Stat. 2154. // For
purposes of this subsection, // 22 USC 2698. // the reference in such
section 26(a) to a principal officer of the Foreign Service shall be
deemed to be a reference to a Peace Corps representative and the
reference in such section to a member of the Foreign Service shall be
deemed to be a reference to a person employed, appointed, or assigned
under this Act.
"(j) The provisions of section 30 of the State Department Basic
Authorities Act of 1956 // 94 Stat. 2155. // shall apply to volunteers
and persons employed, appointed, or assigned under this Act. // 22 USC
2702. // For purposes of this subsection, references to the Secretary
in subsection (b) of such section shall be deemed to be references to
the Director of the Peace Corps, references to the Secretary in
subsection (f) of such section shall be deemed to be references to the
President, and the reference in subsection (g) of such section to a
principal representative of the United States shall be deemed to be a
reference to a Peace Corps representative.".
(b) Section 5(h) of such Act // 22 USC 2504. // is amended by
striking out the last two sentences.
(c) To the extent that the authorities provided by the amendments
made by subsection (a) // 22 USC 2509. // are authorities which are not
applicable with respect to the Peace Corps immediately before the
enactment of this Act and which require the expenditure of funds, those
authorities may not be exercised using any funds appropriated after
February 15, 1981, and before the date of the enactment of this Act.
Sec. 605. (a) Section 9 of the Peace Corps Act (22 U.S.C. 2508) is
amended by striking out "section 10(a)(4)" in the second sentence and
inserting in lieu thereof "section 10(a)(5)".
(b) Section 18 of such Act (22 U.S.C. 2517) is repealed.
Sec. 606. The first sentence of section 5(c) of the Peace Corps Act
(22 U.S.C. 2504(c)) is amended by striking out "not to exceed $125" and
inserting in lieu thereof "not less than $125".
Sec. 701. Section 608(a) of the Foreign Assistance Act of 1961 // 22
USC 2358. // is amended--,
(1) in the first sentence--,
occur)
other property already owned by an agency of the United
States Government," immediately after "excess personal
property", and
(2) in the second sentence by inserting "any property available
from an agency of the United States Government," immediately
before "or other property".
Sec. 702. The first sentence of section 620(k) of the Foreign
Assistance Act of 1961 // 22 USC 2370. // is amended by striking out
"for fiscal year 1977, fiscal year 1980, or fiscal year 1981".
Sec. 703. The first sentence of section 625(d) of the Foreign
Assistance Act of 1961 // 22 USC 2385. // is amended by striking out
"together with allowances and benefits under that Act" and inserting in
lieu thereof "or under chapter 53 of title 5, United States Code, or at
any other rate authorized by law, together with allowances and benefits
under the Foreign Service Act of 1980". // 94 Stat. 2071. //
Sec. 704. Section 634 A of the Foreign Assistance Act of 1961 // 22
USC 2394 - 1. // is amended by adding at the end thereof the following:
" Whenever a proposed reprogramming exceeds $1,000,000 and the total
amount proposed for obligation for a country under this Act in a fiscal
year exceeds by more than $5,000,000 the amount specified for that
country in the report required by section 653(a) of this Act, // 22 USC
2413. // notifications of such proposed reprogramming shall specify--,
"(1) the nature and purpose of such proposed obligation, and
"(2) to the extent possible at the time of the proposed
obligation, the country for which such funds would otherwise have
been obligated.".
Sec. 705. (a) The Inspector General Act of 1978 // 5 USC app. // is
amended--,
(1) in paragraph (1) of section 2, by inserting "the Agency for
International Development," immediately after " Department of
Transportation,";
(2) in section 11--,
// 5 USC app. //
International
Development," immediately after " Administrator of";
and
International
Development," immediately after " Transportation
or"; and
(3) by inserting immediately after section 8 the following new
section 8 A:
INTERNATIONAL
DEVELOPMENT
" Sec. 8 A. (a) In addition to the other duties and responsibilities
specified in this Act, // 5 USC app. // the Inspector General of the
Agency for International Development--,
"(1) shall supervise, direct, and control all security
activities relating to the programs and operations of that Agency,
subject to the supervision of the Administrator of that Agency;
and
"(2) to the extent requested by the Director of the United
States International Development Cooperation Agency (after
consultation with the Administrator of the Agency for
International Development), shall supervise, direct, and control
all audit, investigative, and security activities relating to
programs and operations within the United States International
Development Cooperation Agency.
"(b) In addition to the Assistant Inspector Generals provided for in
section 3(d) of this Act, // 5 USC app. // the Inspector General of the
Agency for International Development shall, in accordance with
applicable laws and regulations governing the civil service, appoint an
Assistant Inspector General for Security who shall have the
responsibility for supervising the performance of security activities
relating to programs and operations of the Agency for International
Development.
"(c) The semiannual reports required to be submitted to the
Administrator of the Agency for International Development pursuant to
section 5(b) of this Act // 5 USC app. // shall also be submitted to
the Director of the United States International Development Cooperation
Agency.
"(d) In addition to the officers and employees provided for in
section 6(a)(6) of this Act, // 5 USC app. // members of the Foreign
Service may, at the request of the Inspector General of the Agency for
International Development, be assigned as employees of the Inspector
General. Members of the Foreign Service so assigned shall be
responsible solely to the Inspector General, and the Inspector General
(or his or her designee) shall prepare the performance evaluation
reports for such members.
"(e) In establishing and staffing field offices pursuant to section
6(c) of this Act, the Administrator of the Agency for International
Development shall not be bound by overseas personnel ceilings
established under the Monitoring Overseas Direct Employment policy.
"(f) The reference in section 7(a) of this Act // 5 USC app. // to
an employee of the establishment shall, with respect to the Inspector
General of the Agency for International Development, be construed to
include an employee of or under the United States International
Development Cooperation Agency.
"(g) The Inspector General of the Agency for International
Development shall be in addition to the officers provided for in section
624(a) of the Foreign Assistance Act of 1961. // 22 USC 2384. //
"(h) As used in this Act, // 22 USC 2151. // the term ' Agency for
International Development' includes any successor agency primarily
responsible for administering part I of the Foreign Assistance Act of
1961.".
(b)(1) Section 624(g) of the Foreign Assistance Act of 1961 is
repealed.
(2) Section 239(e) of such Act // 22 USC 2199. // is amended by
striking out " Auditor General" each of the three places it appears and
inserting in lieu thereof " Inspector General".
(3) Section 5316 of title 5, United States Code, is amended by
striking out " Auditor General of the Agency for International
Development" and inserting in lieu thereof " Inspector General, Agency
for International Development".
(c) The individual holding the position of Inspector General of the
Agency for International Development on the date of enactment of this
section shall not be required to be reappointed by reason of the
enactment of this section.
Sec. 706. Section 667(a) of the Foreign Assistance Act of 1961 // 22
USC 2427. // is amended--,
(1) by striking out ", for the fiscal year 1981"; and
(2) in paragraph (1) by striking out "$293,800,000" and
inserting in lieu thereof "$335,600,000 for the fiscal year 1982
and $335,600,000 for the fiscal year 1983".
Sec. 707. The last sentence of section 620(f) of the Foreign
Assistance Act of 1961 // 22 USC 2370. // is amended to read as
follows: " For the purposes of this subsection, the phrase ' Communist
country' includes specifically, but is not limited to, the following
countries:
" Czechoslovak Socialist Republic,
" Democratic People's Republic of Korea,
" Estonia,
" German Democratic Republic,
" Hungarian People's Republic,
" Latvia,
" Lithuania,
" Mongolian People's Republic,
" People's Republic of Albania,
" People's Republic of Bulgaria,
" People's Republic of China,
" Polish People's Republic,
" Republic of Cuba,
" Socialist Federal Republic of Yugoslavia,
" Socialist Republic of Romania,
" Socialist Republic of Vietnam,
" Tibet,
" Union of Soviet Socialist Republics (including its captive
constituent republics).".
POLAND
Sec. 708. (a) The people of Poland, with whom the people of the
United States have a longstanding friendship, now face serious domestic
food shortages which will be worsened by large-scale loss of their
livestock this winter if feed supplies do not arrive quickly.
Therefore, the President is urged, for urgent humanitarian reasons, to
use existing authorities promptly in order to provide to the people of
Poland, under as favorable terms as possible, feed grains from Commodity
Credit Corporation stocks or other appropriate commodities.
(b) For the longer term, the President is encouraged to pursue
discussions with other Western countries about a multilateral effort to
help the people of Poland achieve self-sustaining economic recovery in
the years ahead.
(c) Chapter 4 of part II of the Foreign Assistance Act of 1961, as
amended by section 202 of this Act, is further amended by adding at the
end thereof the following new section:
" Sec. 540. // 22 USC 2346i. // Poland.-Notwithstanding any other
provision of law, $5,000,000 of the amount authorized to be appropriated
to carry out this chapter for the fiscal year 1982 shall be available
only for Poland for the purchase, transportation, and distribution of
food and medical supplies through private and voluntary agencies where
appropriate.".
Sec. 709. (a) Notwithstanding section 1415 of the Supplemental
Appropriation Act, 1953, // 31 USC 724. // section 508 of the General
Government Matters, Department of Commerce, and Related Agencies
Appropriations Act, 1962, // 75 Stat. 283. // or any other provision of
law, the currencies or credits received by the United States from the
April 1981 sale and from the October 1981 sale of United States
Government-held surplus dairy products to Poland shall, to such extent
as may be provided in advance in an appropriation Act, be used by the
President in Poland to serve United States interests, including use for
activities of common benefit to the people of the United States and the
people of Poland, such as joint programs in energy, agriculture,
education, science, health, and culture, or for humanitarian activities.
(b) Not withstanding any other provision of law, the availability or
expenditure of such foreign currencies or credits shall not affect or
reduce appropriations otherwise available for the purposes described in
subsection (a).
Sec. 710. (a) The Congress finds that the security of the United
States and other countries is increasingly affected by a broad range of
global problems including shortages or potential shortages of food, oil,
water, wood, and other basic mineral and natural resources; desperate
poverty; sickness; population pressures; environmental deterioration,
including soil erosion and water pollution; and large-scale and
destabilizing refugee problems.
(b) The Congress finds that hunger, disease, and extreme poverty are
among the most critical of these global problems. As ever greater
numbers of people perceive the disparity between their own continuing
deprivation and the prosperity of others, and judge their predicament to
be neither just nor inevitable, it becomes increasingly likely that
there will be unrest and violence with consequent disruption of the flow
of essential materials, adverse effects on the world economy, decreased
likelihood of cooperative efforts toward meeting the other critical
problems threatening national and global security, and increased
likelihood of confrontation between nations which possess nuclear arms.
(c) Therefore, the Congress finds that the Nation's understanding of
global and national security must be broad enough to include the
problems cited in this section, and that adequate protection of the
security of the United States requires effective action on these global
problems, and in particular on the problems of hunger, disease, and
extreme poverty.
Sec. 711. (a) The Congress finds that--,
(1) the Congress recently passed and the President signed into
law an Act which provides for establishment of a United States
food security reserve of up to four million metric tons of wheat
to be used for emergency food assistance;
(2) the food import needs of developing countries will increase
over the next ten years; and
(3) other grain exporting countries could take additional steps
to assure continuity of food assistance during food crisis years.
(b) The President shall encourage other grain exporting countries to
establish their own food security reserves or take other measures that
complement the United States food security reserve.
(c) The President shall report to the Speaker of the House of
Representatives and the Committee on Foreign Relations of the Senate
within one year after the enactment of this Act on the actions he has
taken and the response of other countries to these proposals.
HUNGER
Sec. 712. The Congress, affirming the value of human life, finds and
declares that the elimination of hunger and its causes is of fundamental
moral significance and, further, that it is in the political, economic,
and security interests of the United States. Therefore, the Congress
declares that the elimination of hunger and its causes shall be a
primary objective of United States relations with the developing
countries.
Sec. 713. (a) The Congress reaffirms its support for the various
statutory provisions which have been enacted in order to promote
internationally recognized human rights.
(b) It is the sense of the Congress that a strong commitment to the
defense of human rights should continue to be a central feature of
United States foreign policy.
Sec. 714. The approval referred to in the first sentence of section
202(b) of the Immigration and Nationality Act shall be considered to
have been granted with respect to Taiwan (China).
Sec. 715. It is the sense of the Congress that the Government of the
United States should continue to support diplomatic efforts to resolve
the current crisis in Lebanon, and to pursue a comprehensive and
coordinated policy in Lebanon guided by the following principles:
(1) maintenance of an effective cease-fire throughout Lebanon;
(2) resolution of the issue of the Syrian missiles deployed in
Lebanon;
(3) freedom, security, and opportunity for the Christian and
all other Lebanese communities, including the Moslem, Druze,
Armenian, and Jewish communities in Lebanon;
(4) reaffirmation of the historic United States-Lebanon
relationship and strengthening the longstanding commitment of the
United States to the independence, sovereignty, and territorial
integrity of Lebanon, without partition, free from terrorism and
violence, and free to determine its future without Soviet or other
outside interference;
(5) generous international support for relief, rehabilitation,
and humanitarian assistance for Lebanon, particularly for those
Lebanese citizens who have suffered from the terrorism and
violence of recent events;
(6) restoration of Lebanon's sovereignty free from outside
domination or occupation; and
(7) support for a free and open national election.
Sec. 716. (a) The Congress condemns the use of, and the provision
for use of, chemical agents and toxin weapons against the peoples of
Laos, Kampuchea, or Afghanistan.
(b) It is the sense of the Congress that the President should, acting
through the Permanent Representative of the United States to the United
Nations and all other appropriate diplomatic agents, seek definite
measures to bring to an end actions by any party or government in using,
and providing for use, chemical agents or toxin weapons against the
peoples of Laos, Kampuchea, and Afghanistan, in violation of the spirit
and the provisions of--,
(1) the Convention on the Prohibition of the Development,
Production and Stockpiling of Bacteriological (Biological) and
Toxin Weapons and on Their Destruction (done at Washington,
London, and Moscow on April 10, 1972);
(2) the Protocol for the Prohibition of the Use in War of
Asphyxiating, Poisonous or Other Gases, and of Bacteriological
Methods of Warfare (signed at Geneva on June 17, 1925); and
(3) customary international law.
(c) It is further the sense of Congress that the President should--,
(1) allocate the highest possible priority to the development
of further evidence clarifying the nature and origins of the
chemical agents and toxin weapons being used against the peoples
of Laos, Kampuchea, and Afghanistan; and
(2) vigorously seek a satisfactory explanation from the
Government of the Soviet Union regarding the strong circumstantial
and presumptive evidence of its role in the use, or provision for
use, of such weapons.
(d) The Congress reiterates the concern expressed in House Resolution
644 (96th Congress), adopted by the House of Representatives on May 19,
1980, regarding the outbreak of pulmonary anthrax near Sverdlosk on
April 3, 1979, and expresses its disappointment that the Soviet Union
has failed adequately to respond to requests for data explaining this
incident as provided in the Convention on the Prohibition of the
Development, Production and Stockpiling of Bacteriological (Biological)
and Toxin Weapons and on Their Destruction.
(e) It is further the sense of Congress that the negotiation of a
treaty prohibiting the development, production, and stockpiling of
chemical weapons, with reliable verification provisions, should be given
a high priority by the United States Government and by all foreign
governments.
UNITED
nations
Sec. 717. (a) The Congress finds and declares that--,
(1) the financing of the United Nations is the collective
responsibility of all member nations;
(2) the International Court of Justice has determined that the
expenses of the United Nations incurred in its peacekeeping
operations are properly included as a part of the regular expenses
of the United Nations;
(3) peacekeeping operations are vital to the mission of the
United Nations and must be adequately financed if such operations
are to continue; and
(4) the Government of the Union of Soviet Socialist Republics
is currently $180,000,000 in arrears on its payments to the United
Nations, primarily as a result of its refusal to pay for the
peacekeeping operations of the United Nations.
(b) It is the sense of the Congress that the President, acting
through the Permanent Representative of the United States to the United
Nations, should undertake a diplomatic initiative to obtain payment by
the Government of the Union of Soviet Socialist Republics of all its
outstanding financial obligations to the United Nations, including its
assessments with repect to the peacekeeping operations of the United
Nations.
INTERNATIONAL
TERRORIST MOVEMENTS
Sec. 718. (a) The Congress condemns the Libyan Government for its
support of international terrorist movements, its efforts to obstruct
positive movement toward the peaceful resolution of problems in the
Middle East region, and its actions to destabilize and control
governments of neighboring states in Africa.
(b) The Congress believes that the President should conduct an
immediate review of concrete steps the United States could take,
individually and in concert with its allies, to bring economic and
political pressure on Libya to cease such activities, and should submit
a report on that review to the Congress within one hundred and eighty
days after the date of enactment of this Act. Such a review should
include the possibility of tariffs on or prohibitions against the import
of crude oil from Libya.
INTERNATIONAL
TERRORISM
Sec. 719. (a) It is the sense of the Congress that the spread of
international terrorism poses a grave and growing danger for world peace
and for the national security of the United States. As a part of its
vigorous opposition to the activities of international terrorist leaders
and the increase of international terrorism, the United States should
take all steps necessary to ensure that no United States citizen is
acting in the service of terrorism or of the proponents of terrorism.
(b) Not later than six months after the enactment of this Act, the
President shall submit to the Speaker of the House of Representatives
and the chairman of the Committee on Foreign Relations of the Senate a
report which includes--,
(1) a description of all legislation, currently in force, and
of all administrative remedies, presently available, which can be
employed to prevent the involvement, service, or participation by
United States citizens in activities in support of international
terrorism or terrorist leaders;
(2) an assessment of the adequacy of such legislation and
remedies, and of the enforcement resources available to carry out
such measures, to prevent the involvement, service, or
participation by United States citizens in activities in support
of international terrorism or terrorist leaders; and
(3) a description of available legislative and administrative
alternatives, together with an assessment of their potential
impact and effectiveness, which could be enacted or employed to
put an end to the participation by United States citizens in
activities in support of international terrorism or terrorist
leaders.
Sec. 720. (a) In considering whether to provide assistance, make
sales, extend credits, or guarantee loans under the provisions of the
Foreign Assistance Act of 1961, // 22 USC 2151 // as amended, or the
Arms Export Control Act, // 22 USC 2751 // to any country represented at
the Meeting of the Ministers of Foreign Affairs and Heads of Delegations
of the Non-Aligned Countries to the 36th General Session of the General
Assembly of the United Nations on September 25 and 28, 1981, the
President shall take into account whether such country has dissociated
itself from the communique issued following the meeting.
(b) Within thirty days after the date of enactment of this section,
the President shall submit a report to the Speaker of the House of
Representatives and the Committee on Foreign Relations of the Senate on
the countries which have dissociated themselves from the nonaligned
countries communique and on their methods of dissociation.
Sec. 721. // 22 USC 2151 // (a)(1) It is the sense of the Congress
that up to $15,000,000 of the funds available for the fiscal year 1982
to carry out chapter 1 of part I of the Foreign Assistance Act of 1961
// 22 USC 2151. // should be made available for development assistance
for Haiti, subject to the limitation in subsection (b) of this section.
(2) To the maximum extent practicable, assistance for Haiti for the
fiscal year 1982 under chapter 1 of part I of the Foreign Assistance Act
of 1961 should be provided through private and voluntary organizations.
(b) Funds available for the fiscal year 1982 to carry out chapter 1
of part I or chapter 2 or chapter 5 of part II of the Foreign Assistance
Act of 1961 // 22 USC 2151, 2311, 2347. // may be expended for Haiti,
and credits and guarantees extended for the fiscal year 1982 under the
Arms Export Control Act // 22 USC 2751 // may be approved for use for
Haiti, only if the President determines that the Government of Haiti--,
(1) is cooperating with the United States in halting illegal
emigration from Haiti;
(2) is not aiding, abetting, or otherwise supporting illegal
emigration from Haiti;
(3) has provided assurances that it will cooperate fully in
implementing United States development assistance programs in
Haiti (including programs for prior fiscal years); and
(4) is not engaged in a consistent pattern of gross violations
of internationally recognized human rights.
(c) Six months after the date of enactment of this Act, the President
shall prepare and transmit to the Congress a report on the extent to
which the actions of the Government of Haiti are consistent with
paragraphs (1), (2), (3), and (4) of subsection (b) of this sections.
(d) Notwithstanding the limitations of section 660 of the Foreign
Assistance Act of 1961, // 22 USC 2420. // funds made available under
such Act for the fiscal year 1982 and for the fiscal year 1983 may be
used for programs with Haiti to assist in halting significant illegal
emigration from Haiti to the United States.
Sec. 722. (a) It is the sense of Congress that at a time when major
retrenchments and reappraisals are being made in domestic programs, it
is also logical that, while maintaining past international commitments,
the magnitude and direction of future foreign assistance programs should
also be reviewed. As part of such a review process, the President is
requested to provide a comprehensive report to the Congress on his
approach to foreign assistance. Such report shall include an analysis
and recommendations on the following issues:
(1) the relationship between foreign assistance and defense
expenditures as means of conducting foreign policy;
(2) the appropriate mix between military and economic
assistance;
(3) the strengths and weaknesses, and appropriate mix, of
bilateral and multilateral assistance programs;
(4) the relevance of the basic human needs approach to current
aid policy;
(5) the performance of other aid donors, and the benefits they
derive from their programs;
(6) criteria for determining the appropriate size and
composition of country programs;
(7) the appropriateness of the current mix of grants and loans,
and the possibility of combining them with new or existing
guarantee, insurance, and export credit programs;
(8) specific means to more actively engage the private sector
in assistance programs; and
(9) the usefulness of current functional categories in
constructing the development assistance budget.
(b) The Congress requests that the President provide to the Congress
a preliminary report by March 31, 1982, and a final report by June 30,
1982, with respect to the issues referred to in subsection (a).
Sec. 723. The Congress finds that the Governments of Egypt, Israel,
and Turkey each have an enormous external debt burden which may be made
more difficult by virtue of financing provided for those governments
under various United States assistance programs. In order to assist the
Congress in examining United States assistance for these countries, the
President shall report to the Speaker of the House of Representatives
and to the chairman of the Committee on Foreign Relations of the Senate,
not later than one hundred and twenty days after the date of enactment
of this Act and not later than one year after the date of enactment of
this Act, regarding economic conditions prevailing in Egypt, Israel, and
Turkey which may affect their respective ability to meet their
international debt obligations and to stabilize their economies. These
reports shall also analyze the impact on Egypt's economy of Arab
sanctions against Egypt.
Sec. 724. (a) In furnishing assistance under this Act to the
Government of Nicaragua, the President shall take into account the
extent to which that Government has engaged in violations of
internationally recognized human rights (including the right to organize
and operate labor unions free from political oppression, the right to
freedom of the press, and the right to freedom of religion) and shall
encourage the Government of Nicaragua to respect those rights.
(b) In furnishing assistance under this Act to the Government of
Nicaragua, the President shall take into account the extent to which
that Government has fulfilled its pledge of July 1979 to the member
states of the Organization of American States--,
(1) to establish full respect for human rights in Nicaragua in
accordance with the United Nations Universal Declaration of the
Rights and Duties of Man and the Charter on Human Rights of the
Organization of American States;
(2) to allow the free movement in Nicaragua of the
Inter-American Commission on Human Rights; and
(3) to establish the framework for free and democratic
elections so that the people of Nicaragua may elect their
representatives to city councils, to constitutional assembly, and
to Nicaragua's highest-ranking authorities, with such framework to
include, but not be limited to, the full and complete opprotunity
for political activity of the Nicaragua people.
(c) Assistance to the Government of Nicaragua under this Act shall be
terminated if the President determines and reports to the Congress that
the Government of Nicaragua cooperates with or harbors any international
terrorist organization or is aiding, abetting, or supporting acts of
violence or terrorism in other countries, or that Soviet, Cuban, or
other foreign combat military forces are stationed or situated within
the borders of Nicaragua and the presence of such forces constitutes a
threat to the national security of the United States or to any Latin
American ally of the United States.
(d) Any agreement between the United States and the Government of
Nicaragua regarding the use of funds appropriated to carry out this Act,
which are to be made available in the form of loans, shall specifically
require that to the maximum extent possible such loan funds, and any
local currency generated in conjunction therewith, shall be used for
assistance to the private sector. Local currency loan programs in
Nicaragua shall be monitored and audited in accordance with section
624(g) of the Foreign Assistance Act of 1961. // 22 USC 2384. //
(e) For each six-month period in which any funds are expended under
this Act for Nicaragua, the President shall submit to the Speaker of the
House of Representatives, and the chairman of the Committee on Foreign
Relations of the Senate, a report accounting fully and in itemized
detail for the amounts obligated and actually expended in Nicaragua.
Sec. 725. (a) Section 620 B of the Foreign Assistance Act of 1961 //
22 USC 2372. // is repealed.
(b) Notwithstanding any other provision of law, // 22 USC 2370 //
assistance may be provided to Argentina under chapter 2,4, 5, or 6 of
part II of the Foreign Assistance Act of 1961, // 22 USC 2311, 2346,
2347, 2348. // credits (including participations in credits) may be
extended and loans may be guaranteed with respect to Argentina under the
Arms Export Control Act, // 22 USC 2751 // defense articles and defense
services may be sold to Argentina under the Arms Export Control Act, and
export licenses may be issued to or for the Government of Argentina
under section 38 of the Arms Export Control Act, // 22 USC 2778. //
only if the President has submitted to the Speaker of the House of
Representatives and the chairman of the Committee on Foreign Relations
of the Senate a detailed report certifying that--,
(1) the Government of Argentina has made significant progress
in complying with internationally recognized principles of human
rights; and
(2) the provision of such assistance, credits, loan guarantees,
defense articles, defense services, or export licenses is in the
national interests of the United States.
(c) The Congress welcomes the actions of the Government of Argentina
to adjudicate numerous cases of those detained under the national
executive power of the Argentine Government, and the Congress hopes that
progress will continue, especially with regard to providing information
on citizens listed as "disappeared" and prisoners remaining at the
disposition of the national executive power. In the process of making
the determination required in paragraph (1) of subsection (b), among
other things, the President shall consider--,
(1) efforts by the Government of Argentina to provide
information on citizens identified as "disappeared"; and
(2) efforts by the Government of Argentina to release or bring
to justice those prisoners held at the disposition of the national
executive power (PEN).
SALES CREDIT FOR
CHILE
Sec. 726. (a) Section 406 of the International Security Assistance
and Arms Export Control Act of 1976 (22 U.S.C. 2370 note) is repealed.
(b) Notwithstanding any other provision of law--,
(1) no assistance may be furnished under chapter 2, 4, 5, or 6
of part II of the Foreign Assistance Act of 1961
// 22 USC 2311, 2346 - 2348. //
to Chile;
(2) no sale of defense articles or services may be made under
the Arms Export Control Act
// 22 USC 2751 // to Chile;
(3) no credits (including participation in credits) may be
extended and no loan may be guaranteed under the Arms Export
Control Act with respect to Chile; and
(4) no export licenses may be issued under section 38 of the
Arms Export Control Act
// 22 USC 2778. // to or for the Government of Chile; unless and until
the President submits to the Speaker of the House of Representatives and
the chairman of the Committee on Foreign Relations of the Senate a
detailed report certifying--,
(A) that the Government of Chile has made significant progress
in complying with internationally recognized principles of human
rights;
(B) that the provision of such assistance, articles or services
is in the national interest of the United States; and
(C) that the Government of Chile is not aiding or abetting
international terrorism and has taken appropriate steps to
cooperate to bring to justice by all legal means available in the
United States or Chile those indicted by a United States grand
jury in connection with the murders of Orlando Letelier and Ronni
Moffitt.
Sec. 727. (a) It is the sense of the Congress that assistance
furnished to the Government of El Salvador, both economic and military,
should be used to encourage--,
(1) full observance of internationally recognized human rights
in accordance with sections 116 and 502 B of the Foreign
Assistance Act of 1961;
// 22 USC 2151n, 2304. //
(2) full respect for all other fundamental human rights,
including the right of freedom of speech and of the press, the
right to organize and operate free labor unions, and the right to
freedom of religion;
(3) continued progress in implementing essential economic and
political reforms, including land reform and support for the
private sector;
(4) a complete and timely investigation of the deaths of all
United States citizens killed in El Salvador since October 1979;
(5) an end to extremist violence and the establishment of a
unified command and control of all government security forces in
this effort;
(6) free, fair, and open elections at the earliest date; and
(7) increased professional capability of the Salvadoran Armed
Forces in order to establish a peaceful and secure environment in
which economic development and reform and the democratic processes
can be fully implemented, thereby permitting a phased withdrawal
of United States military training and advisory personnel at the
earliest possible date.
(b) It is the sense of the Congress that the United States economic
assistance to El Salvador should put emphasis on revitalizing the
private sector and supporting the free market system. The Congress
recognizes that the lack of foreign exchange to buy imported raw
materials and intermediate goods is a major impediment to the ability of
the Salvadoran economy to provide jobs. The Congress also recognizes
that the funds budgeted for economic assistance are only a fraction of
the foreign exchange needed, and United States economic aid should be
used, wherever possible, to stimulate private sector lending.
Therefore, the Congress urges the President to set aside a portion of
the economic support funds to provide guarantees to private United
States banks willing to give credits to the Salvadoran private sector.
EL SALVADOR
Sec. 728. // 22 USC 2370 // (a)(1) The Congress finds that peaceful
and democratic development in Central America is in the interest of the
United States and of the community of American States generally, that
the recent civil strife in El Salvador has caused great human suffering
and disruption to the economy of that country, and that substantial
assistance to El Salvador is necessary to help alleviate that suffering
and to promote economic recovery within a peaceful and democratic
process. Moreover, the Congress recognizes that the efforts of the
Government of El Salvador to achieve these goals are affected by the
activities of forces beyond its control.
(2) Taking note of the substantial progress made by the Government of
El Salvador in land and banking reforms, the Congress declares it should
be the policy of the United States to encourage and support the
Government of El Salvador in the implementation of these reforms.
(3) The United States also welcomes the continuing efforts of
President Duarte and his supporters in the Government of El Salvador to
establish greater control over the activities of members of the armed
forces and government security forces. The Congress finds that it is in
the interest of the United States to cooperate with the Duarte
government in putting an end to violence in El Salvador by extremist
elements among both the insurgents and the security forces, and in
establishing a unified command and control of all government forces.
(4) The United States supports the holding of free, fair, and open
elections in El Salvador at the earliest date. The Congress notes the
progress being made by the Duarte government in this area, as evidenced
by the appointment of an electoral commission.
(b) In fiscal year 1982 and 1983, funds may be obligated for
assistance for El Salvador under chapter 2 or 5 of part II of the
Foreign Assistance Act of 1961, // 22 USC 2311, 2347. // letters of
offer may be issued and credits and guarantees may be extended for El
Salvador under the Arms Export Control Act, // 22 USC 2751 // and
members of the Armed Forces may be assigned or detailed to El Salvador
to carry out functions under the Foreign Assistance Act of 1961 // 22
USC 2151, 2751. // or the Arms Export Control Act, only if not later
than thirty days after the date of enactment of this Act and every one
hundred and eighty days thereafter, the President makes a certification
in accordance with subsection (d).
(c) If the President does not make such such a certification at any
of the specified times then the President shall immediately--,
(1) suspend all expenditures of funds and other deliveries of
assistance for El Salvador which were obligated under chapters 2
and 5 of part II of the Foreign Assistance Act of 1961
// 22 USC 2311, 2347. //
after the date of enactment of this Act;
(2) withhold all approvals for use of credits and guarantees
for El Salvador which were extended under the Arms Export Control
Act after the date of enactment of this Act;
(3) suspend all deliveries of defense articles, defense
services, and design and construction services to El Salvador
which were sold under the Arms Export Control Act after the date
of enactment of this Act; and
(4) order the prompt withdrawal from El Salvador of all members
of the Armed Forces performing defense services, conducting
international military education and training activities, or
performing management functions under section 515 of the Foreign
Assistance Act of 1961.
// 22 USC 2321i. // Any suspension of assistance pursuant to paragraphs
(1) through (4) of this subsection shall remain in effect during fiscal
year 1982 and during fiscal year 1983 until such time as the President
makes a certification in accordance with subsection (d).
(d) The certification required by subsection (b) is a certification
by the President to the Speaker of the House of Representatives and to
the chairman of the Committee on Foreign Relations of the Senate of a
determination that the Government of El Salvador--,
(1) is making a concerted and significant effort to comply with
internationally recognized human rights;
(2) is achieving substantial control over all elements of its
own armed forces, so as to bring to an end the indiscriminate
torture and murder of Salvadoran citizens by these forces:
(3) is making continued progress in implementing essential
economic and political reforms, including the land reform program;
(4) is committed to the holding of free elections at an early
date and to that end has demonstrated its good faith efforts to
begin discussions with all major political factions in El Salvador
which have declared their willingness to find and implement an
equitable political solution to the conflict, with such solution
to involve a commitment to--,
Each such certification shall discuss fully and completely the
justification for making each of the determinations required by
paragraphs (1) through (4).
(e) On making the first certification under subsection (b) of this
section, the President shall also certify to the Speaker of the House of
Representatives and the chairman of the Committee on Foreign Relations
of the Senate that he has determined that the Government of El Salvador
has made good faith efforts both to investigate the murders of the six
United States citizens in El Salvador in December 1980 and January 1981
and to bring to justice those responsible for those murders.
Sec. 729. (a) Not later than ninety days after the date of enactment
of this section, the President shall prepare and transmit to the Speaker
of the House of Representatives and to the chairman of the Committee on
Foreign Relations of the Senate a report setting forth--,
(1) the viewpoints of all major parties to the conflict in El
Salvador and of the influential actors in the Salvadoran political
system regarding the potential for and interest in negotiations,
elections, and a settlement of the conflict; and
(2) the views of democratic Latin American nations, Canada, the
Organization of American States, and European allies of the United
States regarding a negotiated settlement to such conflict.
(b) It is the sense of the Congress that the President shall, as soon
as possible, send a special envoy or use other appropriate means to
consult with and gather information from appropriate representatives of
the parties to the Salvadoran conflict, democratic governments of Latin
America, Canada, and European allies of the United States regarding the
attainment of a negotiated settlement in El Salvador.
Sec. 730. None of the funds authorized to be appropriated by this
Act may be made available for the provision of assistance to El Salvador
for the purpose of planning for compensation, or for the purpose of
compensation, for the confiscation, nationalization, acquisition, or
expropriation of any agricultural or banking enterprise, or of the
properties or stock shares which may be pertaining thereto.
Sec. 731. // 8 USC 1157 // It is the sense of the Congress that the
administration should continue to review, on a case-by-case basis,
petitions for extended voluntary departure made by citizens of El
Salvador who claim that they are subject to persecution in their
homeland, and should take full account of the civil strife in El
Salvador in making decisions on such petitions.
Sec. 732. Section 25 of the Arms Export Control Act // 22 USC 2765.
// is amended to read as follows:
" Sec. 25. Annual Estimate and Justification for Sales Program.--,
(a) No later than February 1 of each year, the President shall transmit
to the Congress, as a part of the annual presentation materials for
security assistance programs proposed for the next fiscal year, a report
which sets forth--,
"(1) an arms sales proposal covering all sales and licensed
commercial exports under this Act of major weapons or weapons--,
related defense equipment for $7,000,000 or more, or of any other
weapons or weapons-related defense equipment for $25,000,000 or
more, which are considered eligible for approval during the
current calendar year, together with an indication of which sales
and licensed commercial exports are deemed most likely actually to
result in the issuance of a letter of offer or of an export
license during such year;
"(2) an estimate of the total amount of sales and licensed
commercial exports expected to be made to each foreign nation from
the United States;
"(3) the United States national security considerations
involved in expected sales or licensed commercial exports to each
country, an analysis of the relationship between anticipated sales
to each country and arms control efforts concerning such country
and an analysis of the impact of such anticipated sales on the
stability of the region that includes such country;
"(4) an estimate with regard to the international volume of
arms traffic to and from nations purchasing arms as set forth in
paragraphs (1) and (2) of this subsection, together with best
estimates of the sale and delivery of weapons and weapons--,
related defense equipment by all major arms suppliers to all major
recipient countries during the preceding fiscal year;
"(5) an estimate of the aggregate dollar value and quantity of
defense articles and defense services, military education and
training, grant military assistance, and credits and guarantees,
to be furnished by the United States to each foreign country and
international organization in the next fiscal year;
"(6) an analysis and description of the services performed
during the preceding fiscal year by officers and employees of the
United States Government carrying out functions on a full-time
basis under this Act for which reimbursement is provided under
section 43(b) or section 21(a) of this Act,
// 22 USC 2792, 2761. //
including the number of personnel involved in performing such
services;
"(7) the total amount of funds in the reserve under section
24(c)
// 22 USC 2764. //
at the end of the fiscal year immediately preceding the fiscal
year in which a report under this section is made, together with
an assessment of the adequacy of such total amount of funds as a
reserve for the payment of claims under guarantees issued pursuant
to section 24 in view of the current debt servicing capacity of
borrowing countries, as reported to the Congress pursuant to
section 634(a)(5) of the Foreign Assistance Act of 1961;
// 22 USC 2394. //
"(8) a list of all countries with respect to which findings
made by the President pursuant to section 3(a)(1) of this Act
// 22 USC 2753. //
are in effect on the date of such transmission;
"(9) the progress made under the program of the Republic of
Korea to modernize its armed forces, the role of the United States
in mutual security efforts in the Republic of Korea and the
military balance between the People's Republic of Korea and the
Republic of Korea;
"(10) the amount and nature of Soviet military assistance to
the armed forces of Cuba during the preceding fiscal year and the
military capabilities of those armed forces;
"(11) the status of each loan and each contract of guaranty or
insurance theretofore made under the Foreign Assistance Act of
1961,
// 22 USC 2151 //
predecessor Acts, or any Act authorizing international security
assistance, with respect to which there remains outstanding any
unpaid obligation or potential liability; the status of each
extension of credit for the procurement of defense articles or
defense services, and of each contract of guaranty in connection
with any such procurement, theretofore made under the Arms Export
Control Act
// 22 USC 2751 //
with respect to which there remains outstanding any unpaid
obligation or potential liability; and
"(12) such other information as the President may deem
necessary.
"(b) Not later than thirty days following the receipt of a request
made by the Committee on Foreign Relations of the Senate or the
Committee on Foreign Affairs of the House of Representatives for
additional information with respect to any information submitted
pursuant to subsection (a), the President shall submit such information
to such committee.
"(c) The President shall make every effort to submit all of the
information required by subsection (a) or (b) wholly in unclassified
form. Whenever the President submits any such information in classified
form, he shall submit such classified information in an addendum and
shall also submit simultaneously a detailed summary, in unclassified
form, of such classified information.".
Sec. 733. Section 634(a) of the Foreign Assistance Act of 1961 // 22
USC 2394. // is amended--,
(1) by amending the first sentence to read as follows: " In
order that the Congress and the American people may be better and
more currently informed regarding American foreign policy and the
effectiveness of assistance provided by the United States
Government to other countries and to international organizations,
the Chairman of the Development Coordination Committee shall
prepare and transmit to the Congress, no later than February 1 of
each year, as a part of the annual presentation materials for
foreign assistance, a report as described in this subsection.
This report shall include--,";
(2) in paragraph (1)(B), by striking out "the progressive
developing countries are making toward achieving those objectives
which are indicative of improved well-being of the poor majority,
which objectives shall include but not be limited to";
(3) in paragraph (2)--,
(D);
by
the Agency for International Development which was
entered into in the preceding fiscal year without
competitive
selection procedures, and the reasons for doing so;";
(4) by amending paragraph (4) to read as follows:
"(4) the status of each sale of agricultural commodities on
credit terms theretofore made under the Agricultural Trade
Development and Assistance Act of 1954
// 7 USC 1691 //
with respect to which there remains outstanding any unpaid
obligation; and the status of each transaction with respect to
which a loan, contract or guarantee of insurance, or extension of
credit (or participation therein) was theretofore made under the
Export-Import Bank Act of 1945
// 12 USC 635 //
with respect to which there remains outstanding any unpaid
obligation or potential liability; except that such report shall
include individually only any loan, contract, sale, extension of
credit, or other transactions listed in this paragraph which is in
excess of $1,000,000;";
(5) In paragraph (7), by striking out "and" after the
semicolon; and
(6) by striking out paragraph (8) and inserting in lieu thereof
the following new paragraphs:
"(8) the amount of all foreign currencies acquired without
payment of dollars on hand of each foreign country as of September
30 of the preceding fiscal year;
"(9) the Development Coordination Committee's operations
pursuant to section 640 B(f) of this Act;
// 22 USC 2399c. //
"(10) the aggregate dollar value and quantity of grant military
assistance, military education and training, and any other defense
articles and services furnished under this Act by the United
States to each foreign country and international organization for
the preceding fiscal year;
"(11) information concerning the activities of the Minority
Resource Center during the preceding fiscal year; and
"(12) other information appropriate to the conduct of the
foreign assistance program of the United States Government.".
Sec. 734. (a) The following provisions of the following Acts are
repealed:
(1) The Foreign Assistance Act of 1961: Sections 125(b), 301(
b), 301(e)(3), 302(a)(3), 451(b), 481(c)(2), 495 D(e), 495 H(c)(
2), 513, 601(e)(2), 613(c), 620(b), 620(i), 620(m), 640 B(g), 657,
659, and 668, and the second sentence of section 542.
(2) The International Security and Development Cooperation Act
of 1980: Sections 108, 313(b), 603, 713, 714, 720, and 721.
(3) The International Development Cooperation Act of 1979:
Sections 124, 504(b), 506, 507(b), 508(b), and 509(c).
(4) The Special International Security Assistance Act of 1979:
Sections 4(e)(2), 7(b), 8(c), and 9.
(5) The International Development and Food Assistance Act of
1978: Sections 117(b)(2), 122(b), 201, 303, and 603(a)(1).
(6) The International Development and Food Assistance Act of
1977: Sections 132(a), 133(c)(6), and 214.
(7) Section 213 of the International Development and Food
Assistance Act of 1975.
(8) The Foreign Assistance Act of 1974: Sections 3, 25, 26,
27, 43, 49, 50(c) and 51(c).
(9) The Foreign Assistance Act of 1973: Sections 36(e), 37,
and 38.
(10) The Arms Export Control Act: Section 43(c), and the fifth
paragraph of section 1.
(11) The International Security Assistance Act of 1979:
Sections 6(b), 20(a), 25, and 28.
(12) The International Security Assistance Act of 1978:
Sections 15(b), 23(d), 23(e)(2), 24(c), 25, and 27.
(13) The International Security Assistance Act of 1977:
Sections 14, 22, 24(c), 25, and 28(a)(2).
(14) Section 507 of the International Security Assistance and
Arms Export Control Act of 1976.
(15) Section 7 of the Act entitled " An Act to amend the
Foreign Military Sales Act, and for other purposes", approved
January 12, 1971 (22 U.S.C. 2410a).
(b) Section 620(s)(1) of the Foreign Assistance Act of 1961 is
amended--,
(1) in subparagraph (A) by inserting "and" after the semicolon;
(2) in subparagraph (B)--,
period; and
(3) by repealing subparagraph (C).
(c) Except as otherwise explicitly provided by their terms,
amendments to the Foreign Assistance Act of 1961 // 22 USC 2151 // and
the Arms Export Control Act // 22 USC 2751 // which are applicable only
to a single fiscal or calendar year or which require reports or other
actions on a nonrecurring basis shall be deemed to have expired and
shall be removed from law upon the expiration of the applicable time
periods for the fulfillment of the required actions.
Sec. 735. // 22 USC 2429a-1. // Beginning with the fiscal year 1983
and for each fiscal year thereafter, the President shall prepare and
transmit to the Congress, as part of the presentation materials for
foreign assistance programs proposed for that fiscal year, a classified
report describing the nuclear programs and related activities of any
country for which a waiver of section 669 or 670 of the Foreign
Assistant Act of 1961 // 22 USC 2429, 2429a. // is in effect, including
an assessment of--,
(1) the extent and effectiveness of International Atomic Energy
Agency safeguards at that country's nuclear facilities; and
(2) the capability, actions, and intentions of the government
of that country with respect to the manufacture or acquisition of
a nuclear explosive device.
Sec. 736. Chapter 1 of part III of the Foreign Assistance Act of
1961 is amended by adding at the end thereof the following:
" Sec. 620 E. // 22 USC 2375. // Assistance to Pakistan.-(a) The
Congress recognizes that Soviet forces occupying Afganistan pose a
security threat to Pakistan. The Congress also recognizes that an
independent and democratic Pakistan with continued friendly ties with
the United States is in the interest of both nations. The Congress
finds that United States assistance will help Pakistan maintain its
independence. Assistance to Pakistan is intended to benefit the people
of Pakistan by helping them meet the burdens imposed by the presence of
Soviet forces in Afganistan and by promoting economic development. In
authorizing assistance to Pakistan, it is the intent of Congress to
promote the expeditious restoration of full civil liberties and
representative government in Pakistan. The Congress further recognizes
that it is in the mutual interest of Pakistan and the United States to
avoid the profoundly destabilizing effects of the proliferation of
nuclear explosive devices or the capacity to manufacture or otherwise
acquire nuclear devices.
"(b) The United States reaffirms the commitment made in its 1959
bilateral agreement with Pakistan // 10 UST 317. // relating to
aggression from a Communist or Communist-dominated state.
"(c) Security assistance for Pakistan shall be made available in
order to assist Pakistan in dealing with the threat to its security
posed by the Soviet presence in Afghanistan. The United States will
take appropriate steps to ensure that defense articles provided by the
United States to Pakistan are used for defensive purposes.
"(d) The President may waive the prohibitions of section 669 of this
Act // 22 USC 2429. // at any time during the period beginning on the
date of enactment of this section and ending on September 30, 1987, to
provide assistance to Pakistan during that period if he determines that
to do so is in the national interest of the United States.".
NUCLEAR
DETONATIONS
Sec. 737. // 22 USC 2429a // (a) The Congress finds that any transfer
of a nuclear explosive device to a non-nuclear-weapon state or, in the
case of a non-nuclear-weapon state, any receipt or detonation of a
nuclear explosive device would cause grave damage to bilateral relations
between the United States and that country.
(b) Section 669(b)(2) of the Foreign Assistance Act of 1961 // 22 USC
2429. // is amended to read as follows:
"(2)(A) A certification under paragraph (1) of this subsection shall
take effect on the date on which the certification is received by the
Congress. However, if, within thirty calendar days after receiving this
certification, the Congress adopts a concurrent resolution stating in
substance that the Congress disapproves the furnishing of assistance
pursuant to the certification, then upon the adopton of that resolution
the certification shall cease to be effective and all deliveries of
assistance furnished under the authority of that certification shall be
suspended immediately.
"(B) Any concurrent resolution under this paragraph shall be
considered in the Senate in accordance with the provisions of section
601(b) of the International Security Assistance and Arms Export Control
Act of 1976. // 90 Stat. 765. //
"(C) For the purpose of expediting the consideration and adoption of
concurrent resolutions under this paragraph, a motion to proceed to the
consideration of any such resolution after it has been reported by the
appropriate committee shall be treated as highly privileged in the House
of Representatives.".
(c) Section 670 of such Act // 22 USC 2429a. // is amended to read
as follows:
" Sec. 670. Nuclear Reprocessing Transfers, Transfers of Nuclear
Explosive Devices, and Nuclear Detonations.-(a)(1) Except as provided in
paragraph (2) of this subsection, no funds authorized to be appropriated
by this Act or the Arms Export Control Act // 22 USC 2751 // may be used
for the purpose of providing economic assistance (including assistance
under chapter 4 of part II), // 22 USC 2346. // providing military
assistance or grant military education and training, providing
assistance under chapter 6 of part II, // 22 USC 2348. // or extending
military credits or making guarantees, to any country which on or after
the date of enactment of the International Security Assistance Act of
1977 // 22 USC 2151 // delivers nuclear reprocessing equipment,
materials, or technology to any other country or receives such
equipment, materials, or technology from any other country (except for
the transfer of reprocessing technology associated with the
investigation, under international evaluation programs in which the
United States participates, of technologies which are alternatives to
pure plutonium reprocessing).
"(2) Notwithstanding paragraph (1) of this subsection, the President
may furnish assistance which would otherwise be prohibited under that
paragraph if he determines and certifies in writing to the Speaker of
the House of Representatives and the Committee on Foreign Relations of
the Senate that the termination of such assistance would be seriously
prejudicial to the achievement of United States nonproliferation
objectives or otherwise jeopardize the common defense and security. The
President shall transmit with such certification a statement setting
forth the specific reasons therefor.
"(3)(A) A certification under paragraph (2) of this subsection shall
take effect on the date on which the certification is received by the
Congress. However, if, within 30 calendar days after receiving this
certification, the Congress adopts a concurrent resolution stating in
substance that the Congress disapproves the furnishing of assistance
pursuant to the certification, then upon the adoption of that resolution
the certification shall cease to be effective and all deliveries of
assistance furnished under the authority of that certification shall be
suspended immediately.
"(B) Any concurrent resolution under this paragraph shall be
considered in the Senate in accordance with the provisions of section
601(b) of the International Security Assistance and Arms Export Control
Act of 1976. // 90 Stat. 765. //
"(C) For the purpose of expediting the consideration and adoption of
concurrent resolutions under this paragraph, a motion to proceed to the
consideration of any such resolution after it has been reported by the
appropriate committee shall be treated as highly privileged in the House
of Representatives.
"(b)(1) Except as provided in paragraphs (2) and (3) of this
subsection, no funds authorized to be appropriated by this Act or the
Arms Export Control Act // 22 USC 2751 // may be used for the purpose of
providing economic assistance (including assistance under chapter 4 of
part II), providing military assistance or grant military education and
training, providing assistance under chapter 6 of part II, // 22 USC
2348. // or extending military credits or making guarantees, to any
country which on or after the date of enactment of the International
Security Assistance Act of 1977--, // 22 USC 2151 //
"(A) transfers a nuclear explosive device to a non-nuclear--,
weapon state, or
"(B) is a non-nuclear-weapon state and either--,
"(2)(A) Notwithstanding paragraph (1) of this subsection, the
President may, for a period of not more than 30 days of continuous
session, furnish assistance which would otherwise be prohibited under
paragraph (1) of this subsection if, before furnishin such assistance,
the President transmits to the Speaker of the House of Representatives,
and to the chairman of the Committee on Foreign Relations of the Senate,
a certification that he has determined that an immediate termination of
assistance to that country would be detrimental to the national security
of the United States. Not more than one such certification may be
transmitted for a country with respect to the same detonation, transfer,
or receipt of a nuclear explosive device.
"(B) If the President transmits a certification to the Congress under
subparagraph (A), a joint resolution which would permit the President to
exercise the waiver authority of paragraph (3) of this subsection shall,
if introduced in either House within thirty days of continuous session
after the Congress receives this certification, be considered in the
Senate and House of Representatives in accordance with subparagraphs (C)
and (D) of this paragraph.
"(C) Any joint resolution under this paragraph shall be considered in
the Senate in accordance with the provisions of section 601(b) of the
International Security Assistance and Arms Export Control Act of 1976.
"(D) For the purpose of expediting the consideration and adoption of
joint resolutions under this paragraph, a motion to proceed to the
consideration of such a joint resolution after it has been reported by
the appropriate committee shall be treated as highly privileged in the
House of Representatives.
"(E) For purposes of this paragraph, the term 'joint resolution'
means a joint resolution the matter after the resolving clause of which
is as follows: ' That the Congress having received on
a certification by the President under section
670(b)(2) of the Foreign Assistance Act of 1961 // 22 USC 2429a. //
with respect to , the Congress hereby authorizes the President to
exercise the waiver authority contained in section 670(b)(3) of that
Act.', with the date of receipt of the certification inserted in the
first blank and the name of the country inserted in the second blank.
"(3) Notwithstanding paragraph (1) of this subsection, if the
Congress enacts a joint resolution under paragraph (2) of this
subsection, the President may furnish assistance which would otherwise
be prohibited under paragraph (1) if he determines and certifies in
writing to the Speaker of the House of Representatives and the Committee
on Foreign Relations of the Senate that the termination of such
assistance would be seriously prejudicial to the achievement of United
States nonproliferation objectives or otherwise jeopardize the common
defense and security. The President shall transmit with such
certification a statement setting forth the specific reasons therefor.
"(4) For purposes of this subsection, continuity of session is broken
only by an adjournment of Congress sine die and 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 any period of
time in which Congress is in continuous session.
"(5) As used in this subsection, the term 'non-nuclear-weapon state'
means any country which is not a nuclear-weapon state, as defined in
article IX(3) of the Treaty on the Non-Proliferation of Nuclear
Weapons.". // 21 UST 483. //
Approved December 29, 1981.
LEGISLATIVE HISTORY-S. 1196 (H.R. 3136) (H.R. 3566):
HOUSE REPORTS: No. 97 - 58 accompanying H.R. 3566 and No. 97 - 195
accompanying H.R. 3136 (both from Comm. on Foreign Affairs), and No. 97
- 413 (Comm. of Conference).
SENATE REPORT No. 97 - 83 (Comm. on Foreign Relations).
CONGRESSIONAL RECORD, Vol. 127 (1981):
Sept. 23, 24, 30, Oct. 20, 21, 22, considered and passed
Senate.
Dec. 9, H.R. 3566 considered and passed House; proceedings
vacated and S. 1196, amended, passed in lieu.
Dec. 15, Senate agreed to conference report.
Dec. 16, House agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 17, No. 53 (1981):
Dec. 29, Presidential statement.
PUBLIC LAW 97-112, 95 STAT. 1518
certain trust funds of the Lac
Courte Oreilles Band of Lake Superior Chippewa
Indians of Wisconsin, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Secretary of
the Interior shall, at the request of the governing body of the Lac
Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin, pay
to the State Bank of Drummond, Drummond, Wisconsin, a portion (not to
exceed 20 per centum) of the funds of such tribe derived from awards of
the Indian Claims Commission in dockets numbered 18-C and 18-T which are
deposited in the United States Treasury to the credit of such tribe in
trust accounts numbered 14x9228 and 14x9728. Such payments shall be
used for the sole purpose of covering or reducing an overdraft on an
account (designated "general fund") maintained by such tribe in such
bank which was incurredby such tribe in support of the administration of
Federal contracts.
Sec. 2. In the event that the United States acts to adjust the
accounts of Indian tribes or organizations administering Federal
contracts for the overrecovery or underrecovery of indirect costs, the
Secretary of the Interior, at his discretion, may reimburse the Lac
Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin, in
whole or in part, for any disbursement made under the first section of
this Act.
Approved December 29, 1981.
LEGISLATIVE HISTORY-H.R. 4894 (S. 1890):
HOUSE REPORT No. 97 - 348 (Comm. on Interior and Insular Affairs).
SENATE REPORT No. 97 - 296 accompanying S. 1890 (Select Comm. on
Indian Affairs).
CONGRESSIONAL RECORD, Vol. 127 (1981):
Dec. 15, considered and passed House; considered and passed
Senate, amended, in lieu of S. 1890.
Dec. 16, House concurred in Senate amendment
PUBLIC LAW 97-111, 95 STAT. 1517
Administration regulations
which expand the authority of financing institutions,
other than farm credit
system institutions, to borrow from and discount with
Federal intermediate credit
banks.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That, notwithstanding
any other provision of law, the final regulations issued by the Farm
Credit Administration amending subpart P, part 614, title 12 of the Code
of Federal Regulations, published in the Federal Register of October 22,
1981 (46 F.R. 51886 - 51889), together with an amendment thereto
published in the Federal Register of December 8, 1981 (46 F.R. 59959),
which implement the provisions of section 2.3 of the Farm Credit Act of
1971, // 12 USC 2074. // as amended by the Farm Credit Act Amendments
of 1980, // 12 USC 2001 // shall become effective on the date of
enactment of this Act.
Sec. 2. The provisions of the first section of this Act shall not be
deemed an expression of congressional approval of such regulations and
the amendment thereto.
Approved December 26, 1981.
LEGISLATIVE HISTORY-S. 1948:
CONGRESSIONAL RECORD, Vol. 127 (1981):
Dec. 11, considered and passed Senate.
Dec. 14, considered and passed House.
PUBLIC LAW 97-110, 95 STAT. 1513, INTERNATIONAL BANKING FACILITY
DEPOSIT INSURANCE ACT.
facility deposits for purposes of
deposit insurance assessments and to remove certain
limitations on the mortgage
loan purchase authority of the Federal Home Loan
Mortgage Corporation and the
Federal National Mortgage Association.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Sec. 101. This title // 12 USC 1811 // may be cited as the "
International Banking Facility Deposit Insurance Act".
Sec. 102. Section 3(1)(5) of the Federal Deposit Insurance Act (12
U.S.C. 1813(1)(5)) is amended to read as follows:
"(5) such other obligations of a bank as the Board of
Directors, after consultation with the Comptroller of the Currency
and the Board of Governors of the Federal Reserve System, shall
find and prescribe by regulation to be deposit liabilities by
general usage, except that the following shall not be a deposit
for any of the purposes of this Act or be included as part of the
total deposits or of an insured deposit:
the United
States, the District of Columbia, Puerto Rico,
Guam, American
Samoa, the Trust Territory of the Pacific Islands,
and
the Virgin Islands; and
including
an international banking facility time deposit, as such
term
is from time to time defined by the Board of
Governors of the
Federal Reserve System in regulation D or any
successor
regulation issued by the Board of Governors of the
Federal
Reserve System.".
OF THE PACIFIC
ISLANDS
Sec. 103. (a) Section 3 of the Federal Deposit Insurance Act (12 U.
S.C. 1813) is amended--,
(1) in subsection (a), by inserting "the Trust Territory of the
Pacific Islands," after " American Samoa," each place it appears
therein;
(2) in subsection (m)(1), by inserting "of the Trust Territory
of the Pacific Islands," after " American Samoa,"; and
(3) in subsection (o), by inserting "the Trust Territory of the
Pacific Islands," after " American Samoa," each place it appears
therein.
(b) Section 7 of such Act (12 U.S.C. 1817) is amended--,
(1) in subsection (a)(4), by inserting "the Trust Territory of
the the Pacific Islands," anter " American Samoa,"; and
(2) in subsection (b)(5)(B), by inserting "the Trust Territory
of the Pacific Islands," after " American Samoa,".
(c) Section 11(a)(2)(A)(iv) of such Act (12 U.S.C. 1821(a)(2)(A)(
iv)) is amended--,
(1) by inserting "of the Trust Territory of the Pacific
Islands," after "of American Samoa,"; and
(2) by inserting "the Trust Territory of the Pacific Islands,"
after " Virgin Islands, American Samoa,".
Sec. 201. This title // 12 USC 1451 // may be cited as the "
Mortgage Purchase Amendments of 1981".
Sec. 202. (a) The third sentence of section 305(a)(2) of the Federal
Home Loan Mortgage Corporation Act (12 U.S.C. 1454(a)(2)) is amended to
read as follows: " The Corporation may purchase a conventional mortgage
which was originated more than one year prior to the purchase date only
if the seller is the Federal Deposit Insurance Corporation, the Federal
Savings and Loan Insurance Corporation, the National Credit Union
Administration, or any other seller currently engaged in mortgage
lending or investing activities.".
(b)(1) Section 305(a)(2) of the Federal Home Loan Mortgage
Corporation Act (12 U.S.C. 1454(a)(2)) is amended by inserting after the
third sentence thereof the following: " With respect to any transaction
in which a seller contemporaneously sells mortgages originated more than
one year old prior to the date of sale to the Corporation and receives
in payment for such mortgages securities representing undivided
interests only in those mortgages, the Corporation shall not impose any
fee or charge upon an eligible seller which is not a member of a Federal
Home Loan Bank which differs from that imposed upon an eligible seller
which is such a member.".
(2) The amendment made by paragraph (1) // 12 USC 1454 // shall take
effect on January 1, 1982, and shall apply to commitments entered into
on or after such date.
(c) The fourth sentence of section 302(b)(2) of the Federal National
Mortgage Association Charter Act (12 U.S.C. 1717(b)(2)) is amended to
read as follows: " The Corporation may purchase a conventional mortgage
which was originated more than one year prior to the purchase date only
if the seller is the Federal Deposit Insurance Corporation, the Federal
Savings and Loan Insurance Corporation, the National Credit Union
Administration, or any other seller currently engaged in mortgage
lending or investing activities.".
INSURANCE
CORPORATION AND THE NATIONAL CREDIT UNION
ADMINISTRATION
Sec. 203. Subsections (a)(1) and (b) of section 305 of the Federal
Home Loan Mortgage Corporation Act (12 U.S.C. 1454) are amended by
inserting "the Federal Deposit Insurance Corporation, the National
Credit Union Administration," after " Federal Savings and Loan Insurance
Corporation," each place it appears.
Sec. 301. Section 625(a) of the Depository Institutions Deregulation
and Monetary Control Act of 1980 // 15 USC 1602 // is amended to read as
follows:
" Sec. 625. (a) Except as provided in section 608(b), the amendments
made by this title shall take effect upon the expiration of two years
and six months after the date of enactment of this title.".
Sec. 302. Section 206 of the Depository Institution Management
Interlocks Act // 12 USC 3205 // is amended to read as follows:
" Sec. 206. (a) A person whose service in a position as a management
official began prior to the date of enactment of this title and who was
not immediately prior to the date of enactment of this title in
violation of section 8 of the Clayton Act // 15 USC 19. // is not
prohibited by section 203 or section 204 of this title // 12 USC 3202,
3203. // from continuing to serve in that position for a period of ten
years after the date of enactment of this title. The appropriate
Federal banking agency (as set forth in section 209) // 12 USC 3207. //
may provide a reasonable period of time for compliance with this title,
not exceeding fifteen months, after any change in circumstances which
makes service described in the preceding sentence prohibited by this
title, except that a merger, acquisition, increase in total assets,
establishment of one or more offices, or change in management
responsibilities shall not constitute changes in circumstances which
would make such service prohibited by section 203 or section 204 of this
title.
"(b) Effective on the date of enactment of this title, a person who
serves as a management official of a company which is not a depository
institution or a depository holding company and as a management official
of a depository institution or a depository holding company is not
prohibited from continuing to serve as a management official of that
depository institution or depository holding company as a result of that
company which is not a depository institution or depository holding
company becoming a diversified savings and loan holding company as that
term is defined in section 408(a) of the National Housing Act. // 12
USC 1730a. // This subsection shall expire ten years after the date of
enactment of this title.".
Sec. 303. Section 313 of the Depository Institutions Deregulation
and Monetary Control Act of 1980 // 94 Stat. 151. // is amended to read
as follows:
" Sec. 313. The provisions of section 5 of the charter of the Alaska
USA Federal Credit Union which would terminate the eligibility for
membership in the Credit Union of the enrollees and employees of certain
corporations shall not be effective.".
Sec. 304. The fourth sentence of section 235(h)(1) of the National
Housing Act // 12 USC 1715z. // is amended--,
(1) by inserting "(i)" after "except";
(2) by striking out "or" after March 31, 1982," the second
place it appears and inserting in lieu thereof "(ii)"; and
(3) by inserting before the period after "1974" the following:
", or (iii) pursuant to other commitments issued on or before
September 30, 1981, where housing under this section is to be
developed on land which was municipally owned on September 30,
1981, and where a local government contributes at least $1,000 per
unit of funds obtained under title I of the Housing and Community
Development Act of 1974
// 42 USC 5301. //
and at least $2,000 per unit of additional funds to assist housing
under this section".
Approved December 26, 1981.
LEGISLATIVE HISTORY-H.R. 4879:
CONGRESSIONAL RECORD, Vol. 127 (1981):
Nov. 17, considered and passed House.
Dec. 15, considered and passed Senate, amended.
Dec. 16, House concurred in Senate amendments.
PUBLIC LAW 97-109, 95 STAT. 1512
Research, and Sanctuaries Act of 1972,
as amended, to authorize appropriations for such title
for fiscal years 1982 and
1983, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 304 of the
Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C.
1434) is amended--,
(1) by striking out "and" immediately after "fiscal year 1978"
and inserting a comma; and
(2) by adding immediately after "fiscal year 1981" the
following: ", not to exceed $2,235,000 for fiscal year 1982, and
not to exceed $2,235,000 for fiscal year 1983,".
Approved December 26, 1981.
LEGISLATIVE HISTORY-S. 1003 (H.R. 2449):
HOUSE REPORT No. 97 - 52 accompanying H.R. 2449 (Comm. on Merchant
Marine and Fisheries).
SENATE REPORT No. 97 - 44 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD, Vol. 127 (1981):
May 4, considered and passed Senate.
July 13, H.R. 2449 considered and passed House; proceedings
vacated and S. 1003 amended, passed in lieu.
Dec. 10, Senate concurred in House amendment with an amendment.
Dec. 14, House concurred in Senate amendment.
PUBLIC LAW 97-108, 95 STAT. 1510, STATE AND LOCAL GOVERNMENT COST
ESTIMATE ACT OF 1981
require the Congressional Budget
Office, for every significant bill or resolution
reported in the House or the Senate,
to prepare and submit an estimate of the cost which
would be incurred by State
and local governments in carrying out or complying with
such bill or resolution.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act // 31 USC
1301 // may be cited as the " State and Local Government Cost Estimate
Act of 1981".
Sec. 2. (a) Section 403 of the Congressional Budget Act of 1974 //
31 USC 1353. // is amended--,
(1) by inserting "(a)" before " The";
(2) by striking out "and" after the semicolon in clause (1) of
subsection (a) (as redesignated by clause (1) of this subsection);
(3) by inserting after clause (1) the following new clause:
"(2) an estimate of the cost which would be incurred by State
and local governments in carrying out or complying with any
significant bill or resolution in the fiscal year in which it is
to become effective and in each of the four fiscal years following
such fiscal year, together with the basis for each such estimate;
and";
(4) by redesignating clause (2) of such subsection as clause
(3);
(5) by striking out "(1)" in clause (3) of subsection (a) (as
designated by clauses (1) and (4) of this subsection) and
inserting in lieu thereof "(1) and (2)";
(6) by striking out "estimate" each place it appears in clause
(3) of subsection (a) and in the last sentence of such subsection,
and inserting in lieu thereof "estimates"; and
(7) by inserting at the end thereof the following new
subsections:
"(b) For purposes of subsection (a)(2), the term 'local government'
has the same meaning as in section 103 of the Intergovernmental
Cooperation Act of 1968. // 42 USC 4201. //
"(c) For purposes of subsection (a)(2), the term 'significant bill or
resolution' is defined as any bill or resolution which in the judgment
of the Director of the Congressional Budget Office is likely to result
in an annual cost to State and local governments of $200,000,000 or
more, or is likely to have exceptional fiscal consequences for a
geographic region or a particular level of government.".
(b) The amendments made by subsection (a) // 31 USC 1353 // shall
apply with respect to bills or resolutions reported by committees of the
House of Representatives and the Senate after September 30, 1982.
Sec. 3. There are authorized to be appropriated such sums as may be
necessary to carry out this Act. // 31 USC 1353 //
Sec. 4. The authorization granted under the terms of this Act // 31
USC 1353 // shall expire on September 30, 1987.
Approved December 23, 1981.
LEGISLATIVE HISTORY-H.R. 1465 (S. 43):
HOUSE REPORT No. 97 - 353 (Comm. on Rules).
SENATE REPORTS: No. 97 - 142 (Comm. on Governmental Affairs) and No.
97 - 174 (Comm. on the Budget) accompanying S. 43.
CONGRESSIONAL RECORD, Vol. 127 (1981):
Dec. 8, considered and passed House.
Dec. 16, considered and passed Senate, in lieu of S. 43.
PUBLIC LAW 97-107, 95 STAT. 1509
Education Facilities Revenue
Bond Act of 1981 of the District of Columbia to
take effect immediately.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 602(c)(1)
of the District of Columbia Self-Government and Governmental
Reorganization Act // 87 Stat. 813. // shall not apply to the George
Washington University Higher Education Facilities Revenue Bond Act of
1981 (District of Columbia act 4 - 104) passed by the Council of the
District of Columbia on October 27, 1981, and signed by the Mayor of the
District of Columbia on October 30, 1981, and such District of Columbia
act shall become law on the date of the enactment of this Act,
notwithstanding section 404(e) of the District of Columbia
Self-Government and Governmental Reorganization Act // 87 Stat. 787. //
and any provision to the contrary in such District of Columbia act.
Approved December 23, 1981.
LEGISLATIVE HISTORY-H.R. 5273:
CONGRESSIONAL RECORD, Vol. 127 (1981):
Dec. 16, considered and passed House and Senate.
PUBLIC LAW 97-106, 95 STAT. 1503
Department of Defense for
the fiscal year ending September 30, 1982, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 1982, for
military construction functions administered by the Department of
Defense, and for other purposes, namely:
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations, and
facilities for the Army as currently authorized in military public works
or military construction Acts, and in sections 2673, 2674, and 2675 of
title 10, United States Code, and for construction and operation of
facilities in support of the functions of the Commander-in-Chief,
$943,701,000, to remain available until September 30, 1986: Provided,
That of this amount, not to exceed $139,700,000 shall be available for
study, planning, design, architect and engineer services, as authorized
by law, unless the Secretary of Defense determines that additional
obligations are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of his determination and
the reasons therefor: And provided further, That $1,000,000 of the
funds available for planning and design shall be available only for the
design of a headquarters facility for the U.S. Army Forces Command at
Fort Mc Pherson, Georgia.
For acquisition, construction, installation, and equipment of
tempoary or permanent public works, naval installations, and facilities
for the Navy as currently authorized in military public works or
military construction Acts, and in sections 2673, 2674, and 2675 of
title 10, United States Code, including personnel in the Naval
Facilities Engineering Command and other personal services necessary for
the purposes of this appropriation, $1,451,393,000, to remain available
until September 30, 1986: Provided, That of this amount, not to exceed
$88,100,000 shall be available for study, planning, design, architect
and engineer services, as authorized by law, unless the Secretary of
Defense determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of both Houses of
Congress of his determination and the reasons therefor.
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations, and
facilities for the Air Force as currently authorized in military public
works or military construction Acts, and in sections 2673, 2674, and
2675 of title 10, United States Code, $1,545,751,000, to remain
available until September 30, 1986: Provided, That of this amount, not
to exceed $91,100,000 shall be available for study, planning, design,
architect and engineer services, as authorized by law, unless the
Secretary of Defense determines that additional obligations are
necessary for such purposes and the Committees on Appropriations of both
Houses of Congress of his determination and the reasons therefor:
Provided further, That $500,000 of the funds available for planning and
design shall be available only to design facilities at Goodfellow Air
Force Base, Texas.
For acquisition, construction, installation, and equipment of
temporary or permanent public works, installations, and facilities for
activities and agencies of the Department of Defense (other than the
military departments), as currently authorized in military public works
or military construction Acts, and in sections 2673, 2674, and 2675 of
title 10, United States Code, $306,490,000, to remain available until
September 30, 1986; and, in addition, not to exceed $20,000,000 to be
derived by transfer from the appropriation " Research, development,
test, and evaluation, Defense Agencies" as determined by the Secretary
of Defense: Provided, That such amounts of this appropriation as may be
determined by the Secretary of Defense may be transferred to such
appropriations of the Department of Defense available for military
construction as he may designate: Provided further, That of the amount
appropriated, not to exceed $28,000,000 shall be available for study,
planning, design, architect and engineer services, as authorized by law,
unless the Secretary of Defense determines that additional obligations
are necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of his determination and the
reasons therefor.
For the United States share of the cost of multilateral programs for
the acquisition or construction of military facilities and installations
(including international military headquarters) for the collective
defense of the North Atlantic Treaty Area as authorized in military
construction Acts, $345,000,000, to remain available until expended.
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Army
National Guard as authorized by chapter 133 of title 10, United States
Code, // 10 USC 2231 // as amended, and the Reserve Forces Facilities
Acts, $67,658,000, to remain available until September 30, 1986.
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
National Guard, and contributions therefor, as authorized by chapter 133
of title 10, United States Code, // 10 USC 2231 // as amended, and the
Reserve Forces Facilities Acts, $105,140,000, to remain available until
September 30, 1986.
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Army
Reserve as authorized by chapter 133 of title 10, United States Code, as
amended, and the Reserve Forces Facilities Acts, $64,703,000, to remain
available until September 30, 1986.
For cnstruction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
reserve components of the Navy and Marine Corps as authorized by chapter
133 of title 10, United States Code, as amended, and the Reserve Forces
Facilities Acts, $36,000,000, to remain available until September 30,
1986.
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
Force Reserve as authorized by chapter 133 of title 10, United States
Code, as amended, and the Reserve Forces Facilities Acts, $37,400,000,
to remain available until September 30, 1986.
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Reserve components of the Armed Forces, $470,000, to be allocated by the
Secretary of Defense for the Army Reserve, and to remain available until
September 30, 1985.
For expenses of family housing for the Army, Navy, Marine Corps, Air
Force, and Defense agencies, for construction, including acquisition,
replacement, addition, expansion, extension and alteration and for
operation, maintenance, and debt payment, including leasing, minor
construction, principal and interest charges, and insurance premiums, as
authorized by law, $2,282,442,000, to be obligated and expended in the
Family Housing Management Account established pursuant to section 501(a)
of Public Law 87 - 554, // 42 USC 1594a-1. // in not to exceed the
following amounts:
for Construction: $280,235,000;
for Debt payment: $148,111,000;
for Operation, maintenance: $1,854,096,000:
Provided, That the amounts provided under this head for construction,
and for debt payment, shall remain available until September 30, 1986:
Provided further, That funds previously appropriated under this head in
fiscal year 1980 for debt payment in the amount of $1,992,000 for the
Department of Defense shall be transferred and merged in the Family
Housing Management Account with, and be available for the same period
as, the funds appropriated in this Act for debt service for such
departments and agencies, and such funds may be obligated and expended
for such purposes.
For use in the Homeowners Assistance Fund established pursuant to
section 1013(d) of the Demonstration Cities and Metropolitan Development
Act of 1966 (Public Law 89 - 754, // 42 USC 3374. // as mended),
$2,000,000.
Sec. 101. Funds appropriated to the Department of Defense for
construction in prior years are hereby made available for construction
authorized for each such department by the authorizations enacted into
law during the first session of the Ninety-seventh Congress.
Sec. 102. None of the funds appropriated in this Act shall be
expended for payments under a cost-plus-a-fixed-fee contract for work,
where cost estimates exceed $25,000, to be performed within the United
States, except Alaska, without the specific approval in writing of the
Secretary of Defense setting forth the reasons therefor.
Sec. 103 None of the funds appropriated in this Act shall be expended
for additional costs involved in expediting construction unless the
Secretary of Defense certifies such costs to be necessary to protect the
national interest and establishes a reasonable completion date for each
project, taking into consideration the urgency of the requirement, the
type and location of the project, the climatic and seasonal conditions
affecting the construction, and the application of economical
construction practices.
Sec. 104. None of the funds appropriated in this Act shall be used
for the construction, replacement, or reactivation of any bakery,
laundry, or drycleaning facility in the United States, its territories,
or possessions, as to which the Secretary of Defense does not certify,
in writing, giving his reasons therefor, that the services to be
furnished by such facilities are not obtainable from commercial sources
at reasonable rates.
Sec. 105. Funds herein appropriated to the Department of Defense for
construction shall be available for hire of passenger motor vehicles. //
31 USC 638f. //
Sec. 106. Funds appropriated to the Department of Defense for
construction // 31 USC 700b. // may be used for advances to the Federal
Highway Administration, Department of Transportation, for the
construction of access roads as authorized by section 210 of title 23,
United States Code, when projects authorized therein are certified as
important to the national defense by the Secretary of Defense.
Sec. 107. None of the funds appropriated in this Act may be used to
begin construction of new bases inside the continental United States for
which specific appropriations have not been made.
Sec. 108. No part of the funds provided in this Act shall be used
for purchase of land or land easements in excess of 100 per centum of
the value as determined by the Corps of Engineers or the Naval
Facilities Engineering Command, except: (a) where there is a
determination of value by a Federal court, or (b) purchases negotiated
by the Attorney General or his designee, or (c) where the estimated
value is less than $25,000, or (d) as otherwise determined by the
Secretary of Defense to be in the public interest.
Sec. 109. None of the funds appropriated in this Act may be used to
make payments under contracts for any project in a foreign country
unless the Secretary of Defense or his designee, after consultation with
the Secretary of the Treasury or his designee, certifies to the Congress
that the use, by purchase from the Treasury, of currencies of such
country acquired pursuant to law is not feasible for the purpose,
stating the reason therefor.
Sec. 110. None of the funds appropriated in this Act shall be used
to (1) acquire land, (2) provide for site preparation, or (3) install
utilities for any family housing, except housing for which funds have
been made available in annual military construction appropriation Acts.
Sec. 111. None of the funds appropriated in this Act for minor
construction may be used to transfer or relocate any activity from one
base or installation to another, without prior notification to the
Committee on Appropriations.
Sec. 112. None of the funds appropriated or otherwise made available
under this Act shall be obligated or expended in connection with any
base realignment or closure activity, until all terms, conditions, and
requirements of the National Environmental Policy Act // 42 USC 4321 //
have been complied with, with respect to each such activity.
Sec. 113. No part of the funds appropriated in this Act may be used
for the procurement of steel for any construction project or activity
for which American steel producers,fabricators, and manufacturers have
been denied the opportunity to compete for such steel procurement.
Sec. 114. None of the funds available to the Department of Defense
for military construction during the current fiscal year may be
obligated for projects under the authority of section 402 of the
Military Construction Authorization Act, 1981, // 94 Stat. 1760. // or
similar provisions in prior-year military construction authorization
Acts until twenty-one days have passed after the Secretary of Defense
has notified the Committees on Appropriations of the Senate and the
House of Representatives of the purpose and estimated cost of
construction for which these funds are to be used under such
authorities.
Sec. 115. No part of the funds appropriated in this Act for dredging
in the Indian Ocean may be used for the performance of the work by
foreign contractors: Provided, That the low responsive bid of a United
States contractor does not exceed the lowest responsive bid of a foreign
contractor by greater than 20 per centum.
Sec. 116. During the current fiscal year none of the funds available
to the Department of Defense for military construction or family housing
shall be available to furnish or install solar energy systems in new
facilities (including family housing) unless such systems can be shown
to be cost effective using the sum of all capital and operating expenses
associated with the energy system of the building involved over the
expected life of such system or during a period of twenty-five years,
whichever is shorter, and using marginal fuel costs as determined by the
Secretary of Defense and at a discount rate of 7 per centum per year.
Sec. 117. No part of the funds appropriated in this Act may be
obligated for design of any site-specific facilities for the MX missile
system until all terms, conditions, and requirements of the National
Environmental Policy Act (42 U.S.C. 4332) are met.
Sec. 118. None of the funds available to the Department of Defense
for military construction or family housing during the current fiscal
year may be used to pay real property taxes in any foreign nation.
Sec. 119. No part of the funds appropriated in this Act may be used
to pay the compensation of an officer of the Government of the United
States or to reimburse a contractor for the employment of a person for
work in the continental United States by any such person if such person
is an alien who has not been lawfully admitted to the United States.
Sec. 120. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, pursuant to 5 U.S.
C. 3109, shall be limited to those contracts where such expenditures are
a matter of public record and available for public inspection, except
where otherwise provided under existing law, or under existing Executive
order issued pursuant to existing law.
Sec. 121. Notwithstanding any other provision of law, any funds
appropriated to a military department or defense agency for the
construction of military projects may be obligated for a military
construction project or contract, or for any portion of such a project
or contract, at any time before the end of the fourth fiscal year after
the fiscal year for which funds for such project were appropriated if
the funds obligated for such project (1) are obligated from funds
available for military construction projects, and (2) do not exceed the
amount appropriated for such project, plus any amount by which the cost
of such project is increased pursuant to law.
Sec. 122. It is the sense of the Congress that the administration
should call on the pertinent member nations of the North Atlantic Treaty
Organization and on Japan to meet or exceed their pledges for at least a
3 per centum real increase in defense spending in furtherance of
increased unity, equitable sharing of our common defense burden, and
international stability.
This Act may be cited as the " Military Construction Appropriation
Act, 1982".
Approved December 23, 1981.
LEGISLATIVE HISTORY-H.R. 4241:
HOUSE REPORTS: No. 97 - 193 (Comm. on Appropriations) and No. 97 -
400 (Comm. of Conference).
SENATE REPORT No. 97 - 271 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 127 (1981):
Sept. 16, considered and passed House.
Dec. 4, considered and passed Senate, amended.
Dec. 15, House and Senate agreed to conference report.
PUBLIC LAW 97-105, 95 STAT. 1493
Governmental Reorganization
Act and the charter of the District of Columbia with
respect to the provisions
allowing the District of Columbia to issue general
obligation bonds and notes and
revenue bonds, notes, and other obligations.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1. Section 103(8) of the District of Columbia
Self-Government and Governmental Reorganization Act (D.C. Code, sec. 1 -
122(8)) is amended to read as follows:
"(8) The term 'capital project' means any physical public betterment
or improvement, the acquisition of property of a permanent nature, or
the purchase of equipment or furnishings, and includes (A) costs of any
preliminary plans, studies, and surveys in connection with such
betterment, improvement, acquisition, or purchase, (B) costs incidental
to such betterment, improvement, acquisition, or purchase, and the
financing thereof, including the cost of any election, professional
fees, printing or engraving, production and reproduction of documents,
publication of notices, taking of title, bond insurance, and interest
during construction, and (C) the reimbursement of any fund or account
for amounts expended for the payment of any such costs".
Sec. 2. Section 446 of the District of Columbia Self-Government and
Governmental Reorganization Act (D.C. Code, sec. 47 - 224) is amended in
the fourth sentence by striking out " No" and inserting in lieu therof "
Except as provided in section 467(d), section 471(c), section 472(d)(2),
section 483(d), and subsections (f) and (g)(3) of section 490, no".
Sec. 3. Section 448 of the District of Columbia Self-Government and
Governmental Reorganization Act (D.C. Code, sec. 47 - 226) // D.C. Code
47 - 254. // is amended--,
(1) by inserting "(a)" after " Sec. 448."; and
(2) by adding at the end the following new subsection:
"(b) Notwithstanding subsection (a), the Mayor may make any payments
required by subsection (b) or subsection (c) of section 483 and take any
actions authorized by an act of the Council under section 467(b) or
under subsection (a)(4)(A), or subsection (e), of section 490.".
Sec. 4. Section 461(a) of the District of Columbia Self-Government
and Governmental Reorganization Act (D.C. Code, sec. 47 - 241(a)) is
amended in the second sentence by striking out "payable annually or
semi-annually, at such rate" and inserting in lieu thereof "payable on
such dates, at such rate or rates".
Sec. 5. Section 462 of the District of Columbia Self-Government and
Governmental Reorganization Act (D.C. Code, sec. 47 - 242) is amended--,
(1) by striking out the title of such section and inserting in
lieu thereof the following new title:
ISSUING
GENERAL OBLIGATION BONDS";
(2) by inserting "(a)" after " Sec. 462.";
(3) in paragraph (6)--,
"discretion";
and
"holding
such election,"; and
(4) by adding after paragraph (6) the following new
subsections:
"(b) Any election held on the question of issuing general obligation
bonds must be held before the act authorizing the issuance of such bonds
is transmitted to the Speaker of the House of Representatives and the
President of the Senate pursuant to section 602(c). // D.C. Code 1 -
147. //
"(c) Notwithstanding section 602(c)(1), the provisions required by
paragraph (6) of subsection (a) to be included in any act authorizing
the issuance of general obligation bonds shall take effect on the date
of the enactment of such act.".
Sec. 6. Section 463 of the District of Columbia Self-government and
Governmental Reorganization Act (D.C. Code, sec. 47 - 243) is amended to
read as follows:
" Sec. 463. (a) After each act of the Council of the District under
section 462(a) // D.C. Code 47 - 242. // authorizing the issuance of
general obligation bonds has taken effect, the Mayor shall publish such
act at least once in at least one newspaper of general circulation
within the District together with a notice that such act has taken
effect. Each such notice shall be in substantially the following form:
"' The following act of the Council of the District of Columbia
(published with this notice) authorizing the issuance of general
obligation bonds has taken effect. As provided in the District of
Columbia Self-Government and Governmental Reorganization Act, the
time within which a suit, action, or proceeding questioning the
validity of such bonds may be commenced expires at the end of the
twenty-day period beginning on the date of the first publication
of this notice.
"(b) Neither the failure to publish the notice provided for in
subsection (a) nor any error in any publication of such notice shall
impair the effectiveness of the act of the Council authorizing the
issuance of such bonds or the validity of any bond issued pursuant to
such act.".
Sec. 7. Section 464 of the District of Columbia Self-Government and
Governmental Reorganization Act (D.C. Code, sec. 47 - 244) is amended to
read as follows:
" Sec. 464. (a) At the end of the twenty-day period beginning on the
date of the first publication pursuant to section 463(a) of the notice
that an act authorizing the issuance of general obligation bonds has
taken effect--,
"(1) any recital or statement of fact contained in such act or
in the preamble or title of such act shall be deemed to be true
for the purpose of determining the validity of the bonds
authorized by such act, and the District and all others interested
shall be estopped from denying any such recital or statement of
fact; and
"(2) such act, and all proceedings in connection with the
authorization of the issuance of such bonds including any election
held on the question of issuing such bonds, shall be deemed to
have been duly and regularly taken, passed, and done by the
District, in compliance with this Act and all other applicable
laws, for the purpose of determining the validity of such act and
proceedings; and no court shall have jurisdiction in any suit,
action, or proceeding questioning the validity of such act or
proceedings except in a suit, action, or proceeding commenced
before the end of such twenty-day period.
"(b) At the end of the twenty-day period beginning on the date of the
first publication pursuant to section 463(a) of the notice that an act
authorizing the issuance of general obligation bonds has taken effect,
no court shall have jurisdiction in any suit, action, or proceeding
questioning the validity of any general obligation bond issued pursuant
to such act if--,
"(1) such general obligation bond was purchased in good faith
and for fair value; and
"(2) such general obligation bond contains substantially the
following statement which shall bind the District of Columbia:
' It is hereby certified and recited that all conditions, acts, and
things required by the District of Columbia Self-Government and
Governmental Reorganization Act // D.C. Code 1 - 121 // and other
applicable laws to exist, to have happened, and to have been performed
precedent to and in the issuance of this bond exist, have happened, and
have been performed and that the issue of bonds, of which this is one,
together with all other indebtedness of the District of Columbia, is
within every debt and other limit prescribed by law."'.
Sec. 8. Section 465 of the District of Columbia Self-Government and
Governmental Reorganization Act (D.C. Code, sec. 47 - 245) is amended to
read as follows:
" Sec. 465. (a) After an act of the Council authorizing the issuance
of general obligation bonds under section 461(a) // D.C. Code 47 - 241.
// takes effect, the Mayor may issue such general obligation bonds as
authorized by such act of the Council. An issue of general obligation
bonds may be all or any part of the aggregate principal amount of bonds
authorized by such act.
"(b) The principal amount of the general obligation bonds of each
issue shall be payable in annual installments beginning not more than
three years after the date of such bonds and ending not more than thirty
years after such date.
"(c) The general obligation bonds of each issue shall be executed by
the manual or facsimile signature of such officials as may be designated
to sign such bonds by the act of the Council authorizing the issuance of
the bonds, except that at least one such signature shall be manual.
Coupons attached to the bonds shall be authenticated by the facsimile
signature of the Mayor unless the Council provides otherwise.".
Sec. 9. Section 466 of the District of Columbia Self-Government and
Governmental Reorganization Act (D.C. Code, sec. 47 - 246) is amended--,
(1) by striking out the title of the section and inserting in
lieu thereof " PUBLIC OR PRIVATE SALE";
(2) by striking out " Sec. 466. All" in the first sentence and
inserting in lieu thereof " Sec. 466. (a) Except as provided in
subsection (b),"; and
(3) by adding at the end the following new subsection:
"(b) Any issue of general obligation bonds which is sold before
October 1, 1984, and which is additionally secured by a security
interest created in District revenues under section 467(a) may be sold
at either a public sale under subsection (a) or at a private sale on a
negotiated basis in such manner as the Mayor may determine to be in the
public interest.".
Sec. 10. Subpart 1 of part E of the District of Columbia
Self-Government and Governmental Reorganization Act (D.C. Code, sec. 47
- 241 et seq.) is amended by inserting after section 466 the following
new section:
REVENUES
" Sec. 467. (a) An act of the Council authorizing the issuance of
general obligation bonds under section 461(a) // D.C. Code 47 - 241. //
may create a security interest in any District revenues as additional
security for the payment of the bonds authorized by such act.
"(b) Any such act creating a security interest in District revenues
may contain provisions (which may be part of the contract with the
holders of such bonds)--,
"(1) describing the particular District revenues which are
subject to such security interest;
"(2) creating a reasonably required debt service reserve fund
or any other special fund;
"(3) authorizing the Mayor of the District to execute a trust
indenture securing the bonds;
"(4) vesting in the trustee under such a trust indenture such
properties, rights, powers, and duties in trust as may be
necessary, convenient, or desirable;
"(5) authorizing the Mayor of the District to enter into and
amend agreements concerning (A) the custody, collection, use,
disposition, security, investment, and payment of the proceeds of
the bonds and the District revenues which are subject to such
security interest, and (B) the doing of any act (or the refraining
from doing any act) that the District would have the right to do
in the absence of such an agreement;
"(6) prescribing the remedies of the holders of the bonds in
the event of a default; and
"(7) authorizing the Mayor of the District to take any other
actions in connection with the issuance, sale, delivery, security,
and payment of the bonds.
"(c) Notwithstanding article 9 of title 28 of the District of
Columbia Code, any security interest in District revenues created under
subsection (a) shall be valid, binding, and perfected from the time such
security interest is created, with or without the physical delivery of
any funds or any other property and with or without any further action.
Such security interest shall be valid, binding, and perfected whether or
not any statement, document, or instrument relating to such security
interest is recorded or filed. The lien created by such security
interest is valid, binding, and perfected with respect to any individual
or legal entity having claims against the District, whether or not such
individual or legal entity has notice of such lien.
"(d) The fourth sentence of section 446 // D.C. Code 47 - 224. //
shall not apply to any obligation or expenditure of any District
revenues to secure any general obligation bond under subsection (a).".
Sec. 11. Section 471 of the District of Columbia Self-Government and
Governmental Reorganization Act (D.C. Code, sec. 47 - 247) is amended to
read as follows:
" Sec. 471. (a) In the absence of unappropriated revenues available
to meet appropriations made pursuant to section 446, the Council may by
act authorize the issuance of general obligation notes. The total
amount of all such general obligation notes originally issued during a
fiscal year shall not exceed 2 per centum of the total appropriations
for the District for such fiscal year.
"(b) Any general obligation note issued under subsection (a), as
authorized by an act of the Council, may be renewed. Any such note,
including any renewal of such note, shall be due and payable not later
than the last day of the fiscal year occurring immediately after the
fiscal year during which the act authorizing the original issuance of
such note takes effect.
"(c) The fourth sentence of section 446 shall not apply to any amount
obligated or expended by the District for the payment of the principal
of, interest on, or redemption premium for any general obligation note
issued under subsection (a).".
Sec. 12. Section 472 of the District of Columbia Self-Government and
Governmental Reorganization Act (D.C. Code, sec. 47 - 248) is amended to
read as follows:
" Sec. 472. (a) In anticipation of the collection or receipt of
revenues for a fiscal year, the Council may by act authorize the
issuance of general obligation notes for such fiscal year, to be known
as revenue anticipation notes.
"(b) The total amount of all revenue anticipation notes issued under
subsection (a) outstanding at any time during a fiscal year shall not
exceed 20 per centum of the total anticipated revenue of the District
for such fiscal year, as certified by the Mayor under this subsection.
The Mayor shall certify, as of a date which occurs not more than fifteen
days before each original issuance of such revenue anticipation notes,
the total anticipated revenue of the District for such fiscal year.
"(c) Any revenue anticipation note issued under subsection (a) may be
renewed. Any such note, including any renewal of such note, shall be
due and payable not later than the last day of the fiscal year during
which the note was originally issued.
"(d)(1) Notwithstanding section 602(c)(1), // D.C. Code 1 - 147. //
any act of the Council authorizing the issuance of revenue anticipation
notes under subsection (a) may take effect on the date of the enactment
of such act.
"(2) The fourth sentence of section 446 shall not apply to any amount
obligated or expended by the District for the payment of the principal
of, interest on, or redemption premium for any revenue anticipation note
issued under subsection (a).".
Sec. 13. Section 481 of the District of Columbia Self-Government and
Governmental Reorganization Act (D.C. Code, sec. 47 - 251) is amended to
read as follows:
" Sec. 481. (a) Any act of the Council authorizing the issuance of
general obligation bonds under section 461(a) // D.C. Code 47 - 241. //
shall provide for the annual levy of a special tax or charge, if the
Council determines that such tax or charge is necessary. Such tax or
charge shall be levied, without limitation as to rate or amount, in
amounts which together with other District revenues available and
applicable will be sufficient to pay the principal of and interest on
such general obligation bonds as they become due and payable. Such tax
or charge shall be levied and collected at the same time and in the same
manner as other District taxes are levied and collected, and when
collected shall be set aside in a separate debt service fund and
irrevocably dedicated to the payment of such principal and interest.
"(b) The Comptroller General of the United States shall make annual
audits of the amounts set aside and deposited in each debt service fund
pursuant to subsection (a).".
Sec. 14. Subpart 3 of part E of the District of Columbia Self--,
Government and Governmental Reorganization Act (D.C. Code, sec. 47 -
251) is amended by adding after section 481 the following new sections:
" Sec. 482. The full faith and credit of the District is pledged for
the payment of the principal of and interest on any general obligation
bond or note issued under section 461(a), // D.C. Code 47 - 241. //
section 471(a), or section 472(a), whether or not such pledge is stated
in such bond or note or in the act authorizing the issuance of such bond
or note.
" Sec. 483. (a) The Council shall provide in each annual budget for
the District of Columbia government for a fiscal year adopted by the
Council pursuant to section 446 // D.C. Code 47 - 224. // sufficient
funds to pay the principal of and interest on all general obligation
bonds or notes issued under section 461(a), or section 472(a) becoming
due and payable during such fiscal year.
"(b) The Mayor shall insure that the principal of and interest on all
general obligation bonds and notes issued under section 461(a), section
471(a), or section 472(a) are paid when due, including by paying such
principal and interest from funds not otherwise legally committed.
"(c) If the Mayor determines that no other funds are available to pay
the principal and interest due and payable during any fiscal year on any
general obligation bond or note issued under section 461(a), section
471(a), or section 472(a), the annual Federal payment appropriated for
such fiscal year under the authorization contained in section 502 //
D.C. Code 47 - 250ld. // shall first be used to pay such principal or
interest.
"(d) The fourth sentence of section 446 shall not apply to--,
"(1) any amount set aside in a debt service fund under section
481(a);
"(2) any amount obligated or expended for the payment of the
principal of, interest on, or redemption premium for any general
obligation bond or note issued under section 461(a), section 471(
a), or section 472(a);
// D.C. Code 47 - 241. //
"(3) any amount obligated or expended as provided by the
Council in any annual budget for the District of Columbia
goverment pursuant to subsection (a) or as provided by any
amendment or supplement to such budget; or
"(4) any amount obligated or expended by the Mayor pursuant to
subsection (b) or (c).".
Sec. 15. Part E of the District of Columbia Self-Government and
Governmental Reorganization Act (D.C. Code, sec. 47 - 241 et seq.) is
amended--,
(1) by redesignating subpart 4 as subpart 5; and
(2) by inserting after section 481 the following new subpart:
PLEDGED
" Sec. 484. The full faith and credit of the United States is not
pledged for the payment of any principal of or interest on any bond,
note, or other obligation issued by the District under this part. the
United States is not responsible or liable for the payment of any
principal of or interest on any bond, note, or other obligation issued
by the District under this part.".
Sec. 16. Section 490 of the District of Columbia Self-Government and
Governmental Reorganization Act (D.C. Code, sec. 47 - 254) is amended--,
(1) by striking out subsection (a) and inserting in lieu
thereof the following new subsection:
"(a)(1) The Council may by act authorize the issuance of revenue
bonds, notes, or other obligations (including refunding bonds, notes, or
other obligations) to borrow money to finance, to refinance, or to
assist in the financing or refinancing of, undertakings in the areas of
housing, health facilities, transit and utility facilities, recreational
facilities, college and university facilities, pollution control
facilities, and industrial and commercial development. Any such
financing or refinancing may be effected by loans made directly or
indirectly to any individual or legal entity, by the purchase of any
mortgage, note, or other security, or by the purchase, lease, or sale of
any property.
"(2) Any revenue bond, note, or other obligation issued under
paragraph (1) shall be a special obligation of the District and shall be
a negotiable instrument, whether or not such bond, note, or other
obligation is a security as defined in section 28:8 - 102(1)(a) of title
28 of the District of Columbia Code.
"(3) Any revenue bond, note, or other obligation issued under
paragraph (1) shall be paid and secured (as to principal, interest, and
any premium) as provided by the act of the Council authorizing the
issuance of such bond, note, or other obligation. Subject to subsection
(c), any act of the Council authorizing the issuance of such bond, note,
or other obligation may provide for (A) the payment of such bond, note,
or other obligation from any available revenues, assets, or property,
and (B) the securing of such bond, note, or other obligation by the
mortgage of real property or the creation of any security interest in
available revenues, assets, or other property.
"(4)(A) In authorizing the issuance of any revenue bond, note, or
other obligation under paragraph (1), the Council may enter into, or
authorize the Mayor to enter into, any agreement concerning the
acquisition, use, or disposition of any funds or property. Any such
agreement may create any security interest in any funds or property, may
provide for the custody, collection, security, investment, and payment
of any funds (including any funds held in trust) for the payment of such
bond, note, or other obligation, may mortgage any property, may provide
for the acquisition, construction, maintenance, and disposition of the
undertaking financed or refinanced using the proceeds of such bond,
note, or other obligation, and may provide for the doing of any act (or
the refraining from doing of any act) which the District has the right
to do in the absence of such agreement. Any such agreement may be
assigned for the benefit of, or made a part of any contract with, any
holder of such revenue bond, note, or other obligation issued under
paragraph (1).
"(B) Notwithstanding article 9 of title 28 of the District of
Columbia Code, any security interest created under subparagraph (A)
shall be valid, binding, and perfected from the time such security
interest is created, with or without the physical delivery of any funds
or any other property and with or without any further action. Such
security interest shall be valid, binding, and perfected whether or not
any statement, document, or instrument relating to such security
interest is recorded or filed. The lien created by such security
interest is valid, binding, and perfected with respect to any individual
or legal entity having claims against the District, whether or not such
individual or legal entity has notice of such lien.
"(C) Any funds of the District held for the payment or security of
any revenue bond, note, or other obligation issued under paragraph (1),
whether or not such funds are held in trust, may be secured in the
manner agreed to by the District and any depository of such funds. Any
depository of such funds may give security for the deposit of such
funds.";
(2) by striking out subsection (b) and inserting in lieu
thereof the following new subsection:
"(b) No property owned by the United States may be mortgaged or made
subject to any security interest to secure any revenue bond, note, or
other obligation issued under subsection (a)(1).";
(3) by striking out subsection (e) and inserting in lieu
thereof the following new subsection:
"(e) Any act of the Council authorizing the issuance of revenue
bonds, notes, or other obligations under subsection (a)(1) may--,
"(1) briefly describe the purpose for which such bonds, notes,
or other obligations are to be issued;
"(2) identify the Act authorizing such purpose;
"(3) prescribe the form, terms, provisions, manner, and method
of issuing and selling (including sale by negotiation or by
competitive bid) such bonds, notes, or other obligations;
"(4) provide for the rights and remedies of the holders of such
bonds, notes, or other obligations upon default;
"(5) prescribe any other details with respect to the issuance,
sale, or securing of such bonds, notes, or other obligations; and
"(6) authorize the Mayor to take any actions in connection with
the issuance, sale, delivery, security, and payment of such bonds,
notes, or other obligations, including the prescribing of any
terms or conditions not contained in such act of the Council.";
(4) by striking out subsection (f) and inserting in lieu
thereof the following new subsection:
"(f) The fourth sentence of section 446 // D.C. Code 47 - 224. //
shall not apply to--,
"(1) any amount (including the amount of any accrued interest
or premium) obligated or expended from the proceeds of the sale of
any revenue bond, note, or other obligation issued under
subsection (a)(1);
"(2) any amount obligated or expended for the payment of the
principal of, interest on, or any premium for any revenue bond,
note, or other obligation issued under subsection (a)(1); and
"(3) any amount obligated or expended to secure any revenue
bond, note, or other obligation issued under subsection (a)(1).";
and
(5) by striking out paragraph (3) of subsection (g) and
inserting in lieu thereof the following new paragraph:
"(3) The fourth sentence of section 446 shall not apply to--,
"(A) any amount (including the amount of any accrued interest
or premium) obligated or expended from the proceeds of the sale of
any revenue bond, note, or other obligation issued under
subsection (g)(1);
"(B) any amount obligated or expended for the payment of the
principal of, interest on, or any premium for any revenue bond,
note, or other obligation issued under subsection (g)(1); and
"(C) any amount obligated or expended to secure any revenue
bond, note, or other obligation issued under subsection (g)(1).".
Sec. 17. Section 602(c)(1) of the District of Columbia
Self-Government and Governmental Reorganization Act (D.C. Code, sec. 1 -
147(c)(1)) is amended in the first sentence by inserting "and except as
provided in section 462(c) and section 472(d)(1)" after "title IV of
this Act".
Sec. 18. The table of contents of the District of Columbia
Self-Government and Government Reorganization Act // D.C. Code 1 - 121.
// is amended--,
(1) by striking out the item relating to section 462 and
inserting in lieu thereof the following new item:
" Sec. 462. Contents of borrowing legislation and elections on
issuing general obligation bonds.";
(2) by striking out the item relating to section 465 and
inserting in lieu thereof the following new item:
" Sec. 465. Issuance of general obligation bonds.";
(3) by striking out the item relating to section 466 and
inserting in lieu thereof the following new item:
" Sec. 466. Public or private sale.";
(4) by inserting after the item relating to section 466 the
following new item:
" Sec. 467. Authority to create security interests in District
revenues.";
(5) by inserting after the item relating to section 481 the
following new items:
" Sec. 482. Full faith and credit of the District.
" Sec. 483. Payment of general obligation bonds and notes.";
(6) by redesignating subpart 4 of part E as subpart 5; and
(7) by inserting after the item relating to section 483 the
following new item:
" Sec. 484. Full faith and credit of the United States not
pledged.".
Sec. 19. (a) Except as provided in subsection (b), this Act shall
take effect on the date of the enactment of this Act.
(b) Any revenue bonds, notes, or other obligations authorized by an
act of the Council of the District of Columbia enacted subsequent to
August 1, 1981, pursuant to section 490(a) of the District of Columbia
Self-Government and Governmental Reorganization Act (D.C. Code, sec. 47
- 254(a)) may be secured by a mortgage of real property or a security
interest in any revenues, assets, or other property, notwithstanding
that such mortgage or other security interest may not have been
authorized by such section 490(a) as of the effective date of such act.
Approved December 23, 1981.
LEGISLATIVE HISTORY-H.R. 4910:
HOUSE REPORT No. 97 - 361 (Comm. on the District of Columbia).
CONGRESSIONAL RECORD, Vol. 127 (1981):
Dec. 14, considered and passed House.
Dec. 15, considered and passed Senate.
PUBLIC LAW 97-104, 95 STAT. 1491, GEORGE WASHINGTON COMMEMORATIVE
COIN ACT
emblematic of the two
hundred and fiftieth anniversary of the birth of
Geroge Washington.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1. This Act // 31 USC 391 // may be cited as the " George
Washington Commemorative Coin Act".
Sec. 2. Title I of the Coinage Act of 1965 (31 U.S.C. 391 et seq.)
is amended by adding at the end thereof the following:
" Sec. 109. // 31 USC 399. // (a) Notwithstanding any other
provision of law, the Secretary shallimit and issue half-dollar coins
pursuant to this section in such quantities as are necessary to meet the
needs of the public, except that such quantity shall not exceed
10,000,000 coins.
"(b)(1) The half-dollar coins minted pursuant to this section shall
weigh 12.50 grams, have a diameter of 30.61 millimeters, and be minted
in accordance with the standard established in section 3514 of the
Revised Statutes (31 U.S.C. 321).
"(2)(A) The Secretary shall determine the design which shall appear
on each side of such half-dollar coin. Both such designs shall be
emblematic of the two hundred and fiftieth anniversary of the birth of
George Washington.
"(B) On each such half-dollar coin there shall be a designation of
the value of the coin, an inscription of the year '1982', and
inscriptions of the words ' Liberty', ' In God We Trust', ' United
States of America', and ' E Pluribus Unum'.
"(3) All half-dollar coins minted pursuant to this section shall be
legal tender as provided in section 102 of this title (31 U.S.C. 392).
"(c)(1) All half-dollar coins minted pursuant to this section shall
be sold to the public by the Secretary under such regulations as he may
prescribe and at a price equal to the cost of minting and distributing
such half-dollar coins (including labor, materials, dies, use of
machinery, promotion, and overhead expenses) plus a surcharge of not
more than 20 percent of such cost.
"(2) An amount equal to the amount of all surcharges which are
received by the Secretary from the sale of such half-dollar coins shall
be deposited in the general fund of the Treasury and shall be used for
the sole purpose of reducing the national debt.
"(d) No half-dollar coins shall be minted pursuant to this section
after December 31, 1983.
"(e) There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this section.".
Sec. 3. The last sentence of section 202 of Public Law 91 - 607 (31
U.S.C. 391 note) is hereby repealed.
Sec. 4. The amendment made by section 2 // 31 USC 399 // shall take
effect on October 1, 1981.
Approved December 23, 1981.
LEGISLATIVE HISTORY-H.R. 3484:
SENATE REPORT No. 97 - 277 (Comm. on Banking, Housing, and Urban
Affairs).
CONGRESSIONAL RECORD, Vol. 127 (1981):
May 19, considered and passed House.
Dec. 9, considered and passed Senate.
PUBLIC LAW 97-103, 95 STAT. 1467
Development, and Related Agencies
programs for the fiscal year ending
September 30, 1982, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for Agriculture, Rural Development, and Related Agencies
programs for the fiscal year ending September 30, 1982, and for other
purposes; namely:
For necessary expenses of the Office of the Secretary of Agriculture,
including not to exceed $75,000 for employment under 5 U. S.C. 3109,
$4,715,000: Provided, That this appropriation shall be reimbursed from
applicable appropriations in this Act for travel expenses incident to
the holding of hearings as required by 5 U.S.C. 551 - 558: Provided
further, That not to exceed $8,000 of this amount shall be available for
official reception and representation expenses, not otherwise provided
for, as determined by the Secretary.
For Budget and Program Analysis, and Public Participation,
$3,825,000; for Operations and Finance, Personnel, Equal Opportunity,
Safety and Health Management, and Small and Disadvantaged Business
Utilization, $10,643,000; making a total of $14,468,000 for
Departmental Administration to provide for necessary expenses for
management support services to offices of the Department of Agriculture
and for general administration of the Department of Agriculture, repairs
and alterations, and other miscellaneous supplies and expenses not
otherwise provided for and necessary for the practical and efficient
work of the Department of Agriculture, of which not to exceed $10,000 is
for employment under 5 U.S.C. 3109.
For necessary expenses to carry on services relating to the
coordination of programs involving governmental and public affairs and
emergency preparedness; acting as liaison within the executive branch
and with the Congress on legislative matters; and for the dissemination
of agricultural information and the coordination of information work and
programs authorized by Congress in the Department, $8,987,000; of which
not to exceed $10,000 shall be available for employment under 5 U.S.C.
3109, and, not to exceed $2,748,000 may be used for farmers' bulletins
and not less than two hundred thirty-two thousand two hundred and fifty
copies for the use of the Senate and House of Representatives of part 2
of the annual report of the Secretary (known as the Yearbook of
Agriculture) as authorized by 44 U. S.C. 1301: Provided, That in the
preparation of motion pictures or exhibits by the Department, this
appropriation shall be available for employment pursuant to the second
sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225).
For necessary expenses of the Office of the Inspector General,
including employment pursuant to the second sentence of section 706(a)
of the Organic Act of 1944 (7 U.S.C. 2225), $27,562,000 including such
sums as may be necessary for contracting and other arrangements with
public agencies and private persons pursuant to section 6(a)(8) of the
Inspector General Act of 1978 (Public Law 95 - 452), // 5 USC app. //
and including a sum not to exceed $50,000 for employment under 5 U.S.C.
3109; and in addition, $13,266,000 shall be derived by transfer from
the appropriation, " Food Stamp Program" and merged with this
appropriation.
For necessary expenses, including payment of fees or dues for the use
of law libraries by attorneys in the field service, $12,822,000; and in
addition, $508,000 shall be derived by transfer from the appropriation,
" Food Stamp Program" and merged with this appropriation.
For necessary expenses to carry out the provisions of the United
States Grain Standards Act, // 7 USC 71 // as amended, and the
standardization activities related to grain under the Agricultural
Marketing Act of 1946, // 7 USC 1621 // as amended, including field
employment pursuant to section 706(a) of the Organic Act of 1944 (7 U.
S.C. 2225), and not to exceed $50,000 for employment under 5 U.S.C.
3109, $5,600,000: Provided, That this appropriation shall be available
pursuant to law (7 U.S.C. 2250) for the alteration and repair of
buildings and improvements, but, unless otherwise provided, the cost of
altering any one building during the fiscal year shall not exceed 10 per
centum of the current replacement value of the building: Provided
further, That none of the funds provided by this Act may be used to pay
the salaries of any person or persons who require non-export,
non-terminal interior elevators to maintain records not involving
official inspection or official weighing in the United States under
Public Law 94 - 582 // 7 USC 71 // other than those necessary to fulfill
the purposes of such Act.
Not to exceed $60,260,000 (from fees collected) shall be obligated
during the current fiscal year for Inspection and Weighing Services
For necessary expenses to enable the Agricultural Research Service to
perform agricultural research and demonstration relating to production,
utilization, marketing, and distribution (not otherwise provided for),
home economics or nutrition and consumer use, and for acquisition of
lands by donation, exchange, or purchase at a nominal cost not to exceed
$100, $442,410,000: Provided, That appropriations hereunder shall be
available for field employment pursuant to the second sentence of
section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to
exceed $115,000 shall be available for employment under 5 U.S.C. 3109:
Provided further, That funds appropriated herein can be used to provide
financial assistance to the organizers of international conferences, if
such conferences are in support of agency programs: Provided further,
// 7 USC 2254. // That appropriations hereunder shall be available for
the operation and maintenance of aircraft and the purchase of not to
exceed one for replacement only: Provided further, That of the
appropriations hereunder not less than $10,526,600 shall be available to
conduct marketing research: Provided further, That appropriations
hereunder shall be available pursuant to 7 U.S.C. 2250 // 7 USC 2254.
// for the construction, alteration, and repair of buildings and
improvements, but unless otherwise provided the cost of constructing any
one building shall not exceed $100,000, except for headhouses connecting
greenhouses which shall each be limited to $500,000, and except for ten
buildings to be constructed or improved at a cost not to exceed $185,000
each, and the cost of altering any one building during the fiscal year
shall not exceed 10 per centum of the current replacement value of the
building or $100,000 whichever is greater: Provided further, That the
limitations on alterations contained in this Act shall not apply to a
total of $100,000 for facilities at Beltsville, Maryland: Provided
further, That the foregoing limitations shall not apply to replacement
of buildings needed to carry out the Act of April 24, 1948 (21 U.S.C.
113a): Provided further, That the foregoing limitations shall not apply
to purchase from Colorado State University Research Foundation of
approximately 160 acres within the boundaries of the Central Plains
Experimental Range, Nunn, Colorado, for not to exceed $115,000.
Special fund: To provide for additional labor, subprofessional, and
junior scientific help to be employed under contracts and cooperative
agreements to strengthen the work at Federal research installations in
the field, $2,000,000.
For acquisition of land, construction, repair, improvement,
extension, alteration, and purchase of fixed equipment or facilities of
or used by the Agricultural Research Service, where not otherwise
provided, $8,596,000.
For payments in foreign currencies owed to or owned by the United
States for market development research authorized by section 104(b)(1)
and for agricultural and forestry research and other functions related
thereto authorized by section 104(b)(3) of the Agricultural Trade
Development and Assistance Act of 1954, as amended (7 U.S.C. 1704(b)(
1), (3)), $5,000,000: Provided, That this appropriation shall be
available, in addition to other appropriations for these purposes, for
payments in the foregoing currencies: Provided further, That funds
appropriated herein shall be used for payments in such foreign
currencies as the Department determines are needed, and can be used most
effectively to carry out the purposes of this paragraph: Provided
further, That not to exceed $25,000 of this appropriation shall be
available for payments in foreign currencies for expenses of employment
pursuant to the second sentence of section 706(a) of the Organic Act of
1944 (7 U.S.C. 2225), as amended by 5 U.S.C. 3109.
For payments to agricultural experiment stations, for cooperative
forestry and other research, for facilities, and for other expenses,
including $143,609,000 to carry into effect the provisions of the Hatch
Act, approved March 2, 1887, as amended by the Act approved August 11,
1955 (7 U.S.C. 361a - 361i), and further amended by Public Law 92 - 318
approved June 23, 1972, and further amended by Public Law 93 - 471
approved October 26, 1974, including administration by the United States
Department of Agriculture, and penalty mail costs of agricultural
experiment stations under section 6 of the Hatch Act of 1887, // 7 USC
361f. // as amended, and payments under section 1361(c) of the Act of
October 3, 1980 (7 U.S.C. 301n.); // 7 USC 301 // $12,031,000 for
grants for cooperative forestry research under the Act approved October
10, 1962 (16 U.S.C. 582a-582a-7), // 20 USC 1001 // as amended by Public
Law 92 - 318 approved June 23, 1972, including administrative expenses,
and payments under section 1361(c) of the Act of October 3, 1980 (7
U.S.C. 301n.); // 7 USC 301 // $21,492,000 for payments to the 1890
land-grant colleges, including Tuskegee Institute, for research under
section 1445 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (Public Law 95 - 113), // 7 USC 3222. // as
amended, including administration by the United States Department of
Agriculture, and penalty mail costs of the 1890 land-grant colleges,
including Tuskegee Institute; $22,811,000 for contracts and grants for
agricultural research under the Act of August 4, 1965, as amended (7
U.S.C. 450i); $17,000,000 for competitive research grants, including
administrative expenses; $6,000,000 for the support of animal health
and disease programs authorized by section 1433 of Public Law 95 - 113,
// 7 USC 3195. // including administrative expenses; $540,000 for
grants in accordance with section 1419 of Public Law 95 - 113, // 7 USC
3154. // as amended; $702,000 for research authorized by the Native
Latex Commercialization and Economic Development Act of 1978; // 7 USC
178 // and $1,363,000 for necessary expenses of Cooperative State
Research Service activities, including administration of payments to
State agricultural experiment stations, funds for employment pursuant to
the second sentence of section 706(a) of the Organic Act of 1944 (7
U.S.C. 2225), and not to exceed $50,000 for employment under 5 U.S.C.
3109; in all, $225,548,000.
Payments to States, Puerto Rico, Guam, the Virgin Islands, American
Samoa, and Micronesia: For payments for cooperative agricultural
extension work under the Smith-Lever Act, as amended by the Act of June
26, 1953, the Act of August 11, 1955, the Act of October 5, 1962 (7 U.
S.C. 341 - 349), // 86 Stat. 350. // section 506 of the Act of June 23,
1972, and the Act of September 29, 1977 (7 U.S.C. 341 - 349), and
section 1361(c) of the Act of October 3, 1980 (7 U.S.C. 301n.), // 7 USC
301 // to be distributed under sections 3(b) and 3(c) of the Act, // 7
USC 343. // for retirement and employees' compensation costs for
extension agents, and for costs of penalty mail for cooperative
extension agents and State extension directors, $223,376,000; payments
for the nutrition and family education program for low-income areas
under section 3(d) of the Act, $60,354,000; payments for the urban
gardening programs under section 3(d) of the Act, // 7 USC 343. //
$3,000,000; payments for the pest management program under section 3(
d) of Act, $7,531,000; payments for the farm safety program under
section 3(d) of the Act, $1,020,000; payments for the pesticide impact
assessment program under section 3(d) of the Act, $1,850,000; payments
for the energy demonstration program under section 3(d) of the Act,
$324,000; payments for the nonpoint source pollution program under
section 3(d) of the Act, $702,000; payments for carrying out the
provisions of the Renewable Resources Extension Act of 1978, // 16 USC
1600 // $3,000,000; payments for extension work under section 209(c) of
Public Law 93 - 471, $983,000; payments for extension work by the
colleges receiving the benefits of the second Morrill Act (7 U.S.C. 321
- 326, 328) and Tuskegee Institute under section 1444 of the National
Agricultural Research, Extension and Teaching Policy Act of 1977 (Public
Law 95 - 113), // 7 USC 3221. // $12,241,000; in all, $314,381,000, of
which not less than $79,400,000 is for Home Economics: Provided, That
funds hereby appropriated pursuant to section 3(c) of the Act of June
26, 1953, and section 506 of the Act of June 23, 1972, // 7 USC 343, 86
Stat. 350. // as amended, shall not be paid to any State, Puerto Rico,
Guam, or the Virgin Islands, American Samoa, and Micronesia prior to
availability of an equal sum from non-Federal sources for expenditure
during the current fiscal year.
Federal administration and coordination: For Administration of the
Smith-Lever Act, as amended by the Act of June 26, 1953, the Act of
August 11, 1955, // 7 USC 341 - 349. 86 Stat. 350, D.C. Code 31 - 1719.
// the Act of October 5, 1962, section 506 of the Act of June 23, 1972,
section 209(d) of Public Law 93 - 471, and the Act of September 29, 1977
(7 U.S.C. 341 - 349), and section 1361(c) of the Act of October 3, 1980
(7 U.S.C. 301n.), // 7 USC 301. // and to coordinate and provide
program leadership for the extension and higher education work of the
Department and the several States and insular possessions, $6,321,000,
of which not less than $2,300,000 is for Home Economics.
For necessary expenses of the National Agricultural Library,
$8,750,000: Provided, That this appropriation shall be available for
employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $35,000 shall be
available for employment under 5 U.S.C. 3109: Provided further, That
not to exceed $375,000 shall be available pursuant to 7 U.S.C. 2250 for
the alteration and repair of buildings and improvements.
For expenses, not otherwise provided for, including those pursuant to
the Act of February 28, 1947, as amended (21 U.S.C. 114b-c) necessary to
prevent, control, and eradicate pests and plant and animal diseases; to
carry out inspection, quarantine, and regulatory activities; and to
protect the environment, as authorized by law, $281,382,000 of which not
to exceed $8,983,000 of shall be available for the Mediterranean fruit
fly program and $1,000,000 shall be available for the control of
outbreaks of insects, plant diseases and animal diseases to the extent
necessary to meet emergency conditions: Provided, That $1,000,000 of
the funds for control of the fire ant shall be placed in reserve for
matching purposes with States which may come into the program: Provided
further, That no funds shall be used to formulate or administer a
brucellosis eradication program for the current fiscal year that does
not require minimum matching by the States of at least 40 per centum:
Provided further, That this appropriation shall be available for field
employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), and not exceed $40,000 shall be
available for employment under 5 U.S.C. 3109: Provided further, That
this appropriation shall be available for the operation and maintenance
of aircraft and the purchase of not to exceed two, of which one shall be
for replacement only: // 21 USC 129. // Provided further, That, in
addition, in emergencies which threaten the food resources of the
country, the Secretary may transfer from other appropriations or funds
available to the agencies or corporations of the Department such sums as
he may deem necessary, to be available only in such emergencies for the
arrest and eradication of contagious or infectious diseases or pests of
animals, poultry, or plants, and for expenses in accordance with the Act
of February 28, 1947, // 21 USC 114b. // as amended, and section 102 of
the Act of September 21, 1944, // 7 USC 147aa. // as amended, including
not less than $6,000,000 for the eradication of infestations of the
Mediterranean fruit fly in the continental United States, and any
unexpended balances of funds transferred for such emergency purposes in
the next preceding fiscal year shall be merged with such transferred
amounts.
For plans, construction, repair, extension, alterations, purchase and
improvement of fixed equipment or facilities, $3,000,000 of which
$1,565,000 shall remain available until expended: Provided, That this
appropriation shall be available pursuant to 7 U.S.C. 2250 for the
construction, alteration, and repair of buildings and improvements:
Provided further, That unless otherwise provided, the cost of
constructing any one building (except headhouses connecting greenhouses)
shall not exceed $100,000, except for three buildings to be constructed
at a total cost of $1,265,000; four buildings to be constructed or
improved at a cost not to exceed $200,000 each; and $300,000 for
planning a plant quarantine facility: Provided further, That the cost
of altering any one building during the fiscal year shall not exceed 10
per centum of the current replacement value of the building: Provided
further, That this appropriation shall be available for acquisition of
lands by donation, exchange, or purchase at a nominal cost not to exceed
$100.
For necessary expenses to carry on services related to consumer
protection and agricultural marketing and distribution, $328,250,000:
Provided, That this appropriation shall be available for field
employment pursuant to section 706(a) of the Organic Act of 1944 (7 U.
S.C. 2225), and not to exceed $75,000 shall be available for employment
under 5 U.S.C. 3109: Provided further, That this appropriation shall be
available pursuant to law (7 U.S.C. 2250) for the construction,
alteration, and repair of buildings and improvements, but, unless
otherwise provided, the cost of constructing any one building shall not
exceed $90,000, except for two buildings to be constructed or improved
at a cost not to exceed $150,000, and the cost of altering any one
building during the fiscal year shall not exceed 10 per centum of the
current replacement value of the building: Provided further, That this
appropriation shall be available for acquisition of lands by donation,
exchange, or purchase at a nominal cost not to exceed $100.
For necessary expenses of the Economic Research Service in conducting
economic research and service relating to agricultural production,
marketing, and distribution, as authorized by the Agricultural Marketing
Act of 1946 (7 U.S.C. 1621 - 1627), and other laws, including economics
of marketing; analyses relating to farm prices, income and population,
and demand for farm products, use of resources in agriculture,
adjustments, cost and returns in farming, and farm finance; research
relating to the economic and marketing aspects of farmers cooperatives;
and for analyses of supply and demand for farm products in foreign
countries and their effect on prospects for United States exports,
progress in economic development and its relation to sales of farm
products, assembly and analysis of agricultural trade statistics and
analysis of international financial and monetary programs and policies
as they affect the competitive position of United States farm products;
$41,000,000, of which not less than $200,000 shall be available for
investigation, determination and finding as to the effect upon the
production of food and upon the agricultural economy of any proposed
action affecting such subject matter pending before the Administrator of
the Environmental Protection Agency for presentation, in the public
interest, before said administrator, other agencies or before the
courts: Provided, That not less than $350,000 of the funds contained in
this appropriation shall be available to continue to gather statistics
and conduct a special study on the price spread between the farmer and
consumer: Provided further, That this appropriation shall be available
for employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $75,000 shall be
available for employment under 5 U.S.C. 3109: Provided further, That
not less than $145,000 of the funds contained in this appropriation
shall be available for analysis of statistics and related facts on
foreign production and full and complete information on methods used by
other countries to move farm commodities in world trade on a competitive
basis.
For necessary expenses of the Statistical Reporting Service in
conducting statistical reporting and service work, including crop and
livestock estimates, statistical coordination and improvements, and
marketing surveys, as authorized by the Agricultural Marketing Act of
1946 (7 U.S.C. 1621 - 1627) and other laws, $53,787,000: Provided, That
no part of the funds herein appropriated shall be available for any
expense incident to publishing estimates of apple production for other
than the commercial crop: Provided further, That this appropriation
shall be available for employment pursuant to the second sentence of
section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to
exceed $40,000 shall be available for employment under 5 U.S.C. 3109.
For necessary expenses to carry out the Cooperative Marketing Act of
July 2, 1926 (7 U.S.C. 451 - 457), and for activities relating to the
marketing aspects of cooperatives, including economic research and
analysis and the application of economic research findings, as
authorized by the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 -
1627), and for activities with institutions or organizations throughout
the world concerning the development and operation of agricultural
cooperatives (7 U.S.C. 3291), $4,639,000: Provided further, That this
appropriation shall be available for employment pursuant to the second
sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225),
and not to exceed $15,000 shall be available for employment under 5 U.
S.C. 3109.
For necessary expenses of the World Agricultural Outlook Board to
coordinate and review all commodity and aggregate agricultural and food
data used to develop outlook and situation material within the
Department of Agriculture, as authorized by the Agricultural Marketing
Act of 1946 (7 U.S.C. 1622g), // 7 USC 1622. // $1,422,000: Provided,
That this appropriationshall be available for employment pursuant to the
second sentence of section 706(a) of the Organic Act of 1944 (7 U. S.C.
2225), and not to exceed $75,000 shall be available for employment under
5 U.S.C. 3109.
For necessary expenses to carry on services related to agricultural
marketing and distribution and regulatory programs as authorized by law,
and for administration and coordination of payment to States; including
field employment pursuant to section 706(a) of the Organic Act of 1944
(7 U.S.C. 2225), and not to exceed $75,000 for employment under 5 U.S.C.
3109, $23,211,000; of which not less than $1,463,000 shall be available
for the Wholesale Market Development Program and not less than $250,000
shall be available only for the Blytheville, Arkansas, Cotton Marketing
Office: Provided That this appropriation shall be available pursuant to
law (7 U.S.C. 2250) for the alteration and repair of buildings and
improvements, but, unless otherwise provided, the cost of altering any
one building during the fiscal year shall not exceed 10 per centum of
the current replacement value of the building.
Not to exceed $23,000,000 (from fees collected) shall be obligated
during the current fiscal year for administrative expenses.
Funds available under section 32 of the Act of August 24, 1935 (7 U.
S.C. 612c) shall be used only for commodity program expenses as
authorized therein, and other related operating expenses, except for:
(1) transfers to the Department of Commerce as authorized by the Fish
and Wildlife Act of August 8, 1956; // 16 USC 742a // (2) transfers
otherwise provided in this Act; and (3) not more than $5,670,000 for
formulation and administration of marketing agreements and orders
pursuant to the Agricultural Marketing Agreement Act of 1937, // 7 USC
601 // as amended, and the Agricultural Act of 1961. // 7 USC 1911 //
For necessary expenses to carry on services related to agricultural
transportation programs as authorized by law; including field
employment pursuant to section 706(a) of the Organic Act of 1944 (7 U.
S.C. 2225), and not to exceed $20,000 for employment under 5 U.S.C.
3109, $2,400,000: Provided, That this appropriation shall be available
pursuant to law (7 U.S.C. 2250) for the alteration and repair of
buildings and improvements, but, unless otherwise provided, the cost of
altering any one building during the fiscal year shall not exceed 10 per
centum of the current replacement value of the building.
For payments to departments of agriculture, bureaus and departments
of markets, and similar agencies for marketing activities under section
204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)),
$1,000,000.
For necessary expenses for administration of the Packers and
Stockyards Act, as authorized by law, including field employment
pursuant to section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225),
and not to exceed $5,000 for employment under 5 U.S.C. 3109, $8,806,000.
For necessary administrative expenses of the Agricultural
Stabilization and Conservation Service, including expenses to formulate
and carry out programs authorized by title III of the Agricultural
Adjustment Act of 1938, as amended (7 U.S.C. 1301 - 1393); the
Agricultural Act of 1949, as amended (7 U.S.C. 1421 et seq.); sections
7 to 15, 16(a), 16(d), 16(e), 16(f), 16(i), and 17 of the Soil
Conservation and Domestic Allotment Act, as amended and supplemented (16
U.S.C. 590g, 590o, 590p(a), and 590q); sections 1001 to 1008 and 1010
of the Agricultural Act of 1970 as added by the Agriculture and Consumer
Protection Act of 1973 (16 U.S.C. 1501 to 1508 and 1510); the Water
Bank Act (16 U.S.C. 1301 - 1311); the Cooperative Forestry Assistance
Act of 1978 (16 U.S.C. 2101); sections 401, 402, and 404 to 406 of the
Agricultural Credit Act of 1978 (16 U.S.C. 2201 to 2205); and laws
pertaining to the Commodity Credit Corporation, $62,000,000: Provided,
That, in addition, not to exceed $314,000,000 may be transferred to and
merged with this appropriation from the Commodity Credit Corporation
fund for a total of $376,000,000: Provided further, That other funds
made available to the Agricultural Stabilization and Conservation
Service for authorized activities may be advanced to and merged with
this appropriation: Provided further, That this appropriation shall be
available for employment pursuant to the second sentence of section
706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed
$100,000 shall be available for employment under 5 U. S.C. 3109:
Provided further, That no part of the funds appropriated or made
available under this Act shall be used (1) to influence the vote in any
referendum; (2) to influence agricultural legislation, except as
permitted in 18 U.S.C. 1913; or (3) for salaries or other expenses of
members of county and community committees established pursuant to
section 8(b) of the Soil Conservation and Domestic Allotment Act, // 16
USC 590h. // as amended, for engaging in any activities other than
advisory and supervisory duties and delegated program functions
prescribed in administrative regulations.
For necessary expenses involved in making indemnity payments to dairy
farmers for milk or cows producing such milk and manufacturers of dairy
products who have been directed to remove their milk or dairy products
from commercial markets because it contained residues of chemicals
registered and approved for use by the Federal Government, and in making
indemnity payments for milk, or cows producing such milk, at a fair
market value to any dairy farmer who is directed to remove his milk from
commercial markets because of (1) the presence of products of nuclear
radiation or fallout if such contamination is not due to the fault of
the farmer, or (2) residues of chemicals or toxic substances not
included under the first sentence of the Act of August 13, 1968, as
amended (7 U.S.C. 450j), if such chemicals or toxic substances were not
used in a manner contrary to applicable regulations or labeling
instructions provided at the time of use and the contamination is not
due to the fault of the farmer, $176,000: Provided, That none of the
funds contained in this Act shall be used to make indemnity payments to
any farmer whose milk was removed from commercial markets as a result of
his willful failure to follow procedures prescribed by the Federal
Government.
The following corporations and agencies are hereby authorized to make
such expenditures, // 15 USC 713a-10. // within the limits of funds and
borrowing authority available to each such corporation or agency and in
accord with law, and to make such contracts and commitments without
regard to fiscal year limitations as provided by section 104 of the
Government Corporation Control Act, // 31 USC 849. // as amended, as
may be necessary in carrying out the programs set forth in the budget
for the current fiscal year for such corporation or agency, except as
hereinafter provided:
For administrative and operating expenses, $120,000,000.
To enable the Secretary of the Treasury to subscribe and pay for
capital stock of the Federal Crop Insurance Corporation, as provided in
section 504(a) of the Federal Crop Insurance Act (7 U.S.C. 1504),
$250,000,000.
For payments as authorized by section 508(b) of the Federal Crop
Insurance Act of 1980, // 7 USC 1508. // $57,456,000.
To reimburse the Commodity Credit Corporation for net realized losses
sustained in prior years, but not previously reimbursed, pursuant to the
Act of August 17, 1961 (15 U.S.C. 713a-11, 713a-12), $2,043,229,000.
Provided, That none of the funds in this Act // 15 USC 713a-10. //
may be used to carry out an Export Credit Sales direct loan program in
excess of $2,200,000,000 in fiscal year 1982: Provided further, That
none of the funds in this Act may be used to carry out a program of loan
guarantees by the Corporation for the production and marketing of
industrial hydrocarbons and alcohols from agricultural commodities and
forest products.
For direct loans and related advances pursuant to section 517(m) of
the Housing Act of 1949, // 42 USC 1487. // as amended, $24,000,000
shall be available from funds in the rural housing insurance fund, and
for insured loans as authorized by title V of the Housing Act of 1949,
// 42 USC 1471. // as amended, $3,700,600,000, of which not less than
$3,265,600,000 shall be available for subsidized interest loans to
low-income borrowers as determined by the Secretary; and not to exceed
$5,000,000 for advances as authorized by section 501(e) of such Act //
42 USC 1471. // and not to exceed $2,000,000 for compensation of
construction defects as authorized by section 509(c) of such Act. // 42
USC 1479. //
During fiscal year 1982, no more than 14,280 units may be assisted
under rental assistance agreements entered into during the year pursuant
to authority under section 521(a)(2) of the Housing Act of 1949, // 42
USC 1490a. // as amended, and the total obligation incurred over the
life of these agreements shall not exceed $398,000,000 to be added to
and merged with the authority provided for this purpose in prior fiscal
years.
For an additional amount to reimburse the rural housing insurance
fund for interest subsidies and losses sustained in prior years, but not
previously reimbursed, in carrying out the provisions of title V of the
Housing Act of 1949, // 42 USC 1487. // as amended (42 U.S.C. 1483,
1487e, and 1490a(c)), including $6,995,000, as authorized by section
521(c) of the Act, $653,967,000, and for an additional amount as
authorized by section 521(c) of the Act as may be necessary to reimburse
the fund to carry out a rental assistance program under section
521(a)(2) of the Housing Act of 1949, as amended.
For an additional amount to reimburse the agricultural credit
insurance fund for interest subsidies and losses sustained in prior
years, but not previously reimbursed, in carrying out the provisions of
the Consolidated Farm and Rural Development Act, as amended (7 U.S.C.
1988(a)), $464,083,000.
Loans may be insured, or made to be sold and insured, under this fund
in accordance with and subject to the provisions of 7 U.S.C. 1928 -
1929, or guaranteed, as follows: real estate loans, $904,600,000,
including not less than $825,000,000 for farm ownership loans of which
$125,000,000 shall be guaranteed loans; and not less than $60,500,000
for water development, use, and conservation loans of which $6,000,000
shall be guaranteed loans; operating loans, $1,375,000,000 of which
$50,000,000 shall be guaranteed loans; and emergency insured and
guaranteed loans in amounts necessary to meet the needs resulting from
natural disasters.
For an additional amount to reimburse the rural development insurance
fund for interest subsidies and losses sustained in prior years, but not
previously reimbursed, in carrying out the provisions of the
Consolidated Farm and Rural Development Act, as amended (7 U.S.C.
1988(a)), $204,040,000.
For loans to be insured, or made to be sold and insured, under this
fund in accordance with and subject to the provisions of 7 U.S.C. 1928
and 86 Stat. 661 - 664, // 7 USC 1929a, 1931 - 1933. // as follows:
insured water and sewer facility loans, $375,000,000; guaranteed
industrial development loans, $300,000,000; and insured community
facility loans, $130,000,000.
For grants pursuant to sections 306(a)(2) and 306(a)(6) of the
Consolidated Farm and Rural Development Act, as amended (7 U.S.C.
1926), $125,000,000, to remain available until expended, pursuant to
section 306(d) of the above Act.
For grants to the very low-income elderly for essential repairs to
dwellings pursuant to section 504 of the Housing Act of 1949, // 42 USC
1474. // as amended, $15,000,000.
For financial assistance to eligible nonprofit organizations for
housing for domestic farm labor, pursuant to section 516 of the Housing
Act of 1949, as amended (42 U.S.C. 1486), $13,750,000.
For grants and contracts pursuant to section 523(b)(1)(A) of the
Housing Act of 1949 (42 U.S.C. 1940(c)), // 42 USC 1490c. //
$3,950,000.
During 1982, and within the resources and authority available, gross
obligations for the amount of direct loans shall not exceed $2,000,000.
For grants pursuant to section 7 of the Cooperative Forestry
Assistance Act of 1978 (Public Law 95 - 313), // 16 USC 2106. //
$3,250,000 to fund up to 50 per centum of the cost of organizing,
training, and equipping rural volunteer fire departments.
For necessary expenses of the Farmers Home Administration, not
otherwise provided for, in administering the programs authorized by the
Consolidated Farm and Rural Development Act (7 U.S.C. 1921 - 1995), as
amended; title V of the Housing Act of 1949, as amended (42 U.S.C.
1471 - 1490h); the Rural Rehabilitation Corporation Trust Liquidation
Act, approved May 3, 1950 (40 U.S.C. 440 - 444), for administering the
loan program authorized by title IIIA of the economic Opportunity Act of
1964 (Public Law 88 - 452, approved August 20, 1964), // 42 USC 2841.
// as amended, and such other programs for which Farmers Home
Administration has the responsibility for administering, $282,418,000,
including $1,916,000 for the coordination of rural development
activities as authorized by section 603 of the Rural Development Act of
1972, // 7 USC 2201, 2204, 2204a. // together with not more than
$3,000,000 of the charges collected in connection with the insurance of
loans as authorized by section 309(e) of the Consolidated Farm and Rural
Development Act, // 7 USC 1929. // as amended, and section 517( i) of
the Housing Act of 1949, // 42 USC 1487. // as amended, or in
connection with charges made on borrowers under section 502(a) of the
Housing Act of 1949, // 42 USC 1472. // as amended: Provided, That, in
addition, not to exceed $500,000 of the funds available for the various
programs administered by this agency may be transferred to this
appropriation for temporary field employment pursuant to the second
sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225),
to meet unusual or heavy workload increases: Provided further, That not
to exceed $500,000 of this appropriation may be used for employment
under 5 U.S.C. 3109.
To carry into effect the provisions of the Rural Electrification Act
of 1936, as amended (7 U.S.C. 901 - 950(b)), as follows:
LOAN
AUTHORIZATIONS
Insured loans pursuant to the authority of section 305 of the Rural
Electrification Act of 1936, as amended (7 U.S.C. 935), shall be made as
follows: rural electrification loans, not less than $850,000,000, nor
more than $1,100,000,000, and rural telephone loans, not less than
$250,000,000 nor more than $325,000,000, to remain available until
expended: Provided, That loans made pursuant to section 306 of that Act
// 7 USC 936. // are in addition to these amounts but during 1982,
total commitments to guarantee loans pursuant to section 306, shall not
be less than $5,145,000,000, nor more than $6,400,000,000 of contingent
liability for loan principal.
For the purchase of Class A stock of the Rural Telephone Bank,
$30,000,000, to remain available until expended (7 U.S.C. 901 - 950(
b)): Provided, That this appropriation shall be available only upon
enactment into law of authorizing legislation.
The Rural Telephone Bank is hereby authorized to make such
expenditures, within the limits of funds and borrowing authority
available to such corporation in accord with law, and to make such
contracts and commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control Act, // 31
USC 849. // as amended, as may be necessary in carrying out its
authorized programs for the current fiscal year. During 1982, and
within the resources and authority available, gross obligations for the
principal amount of direct loans shall be not less than $160,000,000 nor
more than $220,000,000.
For administrative expenses to carry out the provisions of the Rural
Electrification Act of 1936, as amended (7 U.S.C. 901 - 950(b)),
including not to exceed $7,000 for financial and credit reports, funds
for employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $150,000 for
employment under 5 U.S.C. 3109, $29,673,000.
For necessary expenses for carrying out the provisions of the Act of
April 27, 1935 (16 U.S.C. 590a-590f), including preparation of
conservation plans and establishment of measures to conserve soil and
water (including farm irrigation and land drainage and such special
measures for soil and water management as may be necessary to prevent
floods and the siltation of reservoirs and to control agricultural
related pollutants); operation of conservation plant material centers;
classification and mapping of soil; dissemination of information;
purchase and erection or alteration of permanent buildings; and
operation and maintenance of aircraft, $314,809,000, of which not less
than $3,443,000 is for snow survey and water forecasting and not less
than $3,388,000 is for operation of the plant materials centers:
Provided, // 16 USC 590e-1. // That the cost of any permanent building
purchased, erected, or as improved, exclusive of the cost of
constructing a water supply or sanitary system and connecting the same
to any such building and with the exception of buildings acquired in
conjunction with land being purchased for other purposes, shall not
exceed $7,500, except for one building to be constructed at a cost not
to exceed $75,000 and eight buildings to be constructed or improved at a
cost not to exceed $45,000 per building and except that alterations or
improvements to other existing permanent buildings costing $5,000 or
more may be made in any fiscal year in an amount not to exceed $1,500
per building: Provided further, That no part of this appropriation
shall be available for the construction of any such building on land not
owned by the Government: Provided further, That no part of this
appropriation may be expended for soil and water conservation operations
under the Act of April 27, 1935 (16 U.S.C. 590a-590f) in demonstration
projects: Provided further, That this appropriation shall be available
for field employment pursuant to the second sentence of section 706(a)
of the Organic Act of 1944 (7 U.S.C. 2225) and not to exceed $25,000
shall be available for employment under 5 U.S.C. 3109: Provided
further, // 16 USC 590e-2. // That qualified local engineers may be
temporarily employed at per diem rates to perform the technical planning
work of the Service.
For necessary expenses to conduct research, investigations, and
surveys of the watersheds of rivers and other waterways, in accordance
with section 6 of the Watershed Protection and Flood Prevention Act,
approved August 4, 1954, as amended (16 U.S.C. 1006 - 1009),
$15,500,000: Provided, That this appropriation shall be available for
field employment pursuant to the second sentence of section 706(a) of
the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $60,000 shall
be available for employment under 5 U.S.C. 3109.
For necessary expenses for small watershed investigations and
planning, in accordance with the Watershed Protection and Flood
Prevention Act, as amended (16 U.S.C. 1001 - 1008), $8,690,000:
Provided, That this appropriation shall be available for field
employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $50,000 shall be
available for employment under 5 U.S.C. 3109.
For necessary expenses to carry out preventive measures, including
but not limited to research, engineering operations, methods of
cultivation, the growing of vegetation, and changes in use of land, in
accordance with the Watershed Protection and Flood Prevention Act,
approved August 4, 1954, as amended (16 U.S.C. 1001 - 1005, 1007 -
1009), the provisions of the Act of April 27, 1935 (16 U.S.C. 590a-f),
and in accordance with the provisions of laws relating to the activities
of the Department, $192,045,000 (of which $23,434,000 shall be available
for the watersheds authorized under the Flood Control Act, approved June
22, 1936 (33 U.S.C. 701, 16 U.S.C. 1006a), // 33 USC 701a. // as
amended and supplemented): Provided, That this appropriation shall be
available for field employment pursuant to the second sentence of
section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to
exceed $10,000,000 shall be available for emergency measures as provided
by sections 403 - 405 of the Agricultural Credit Act of 1978 (16 U.S.C.
2203 - 2205) and not to exceed $200,000 shall be available for
employment under 5 U.S.C. 3109: Provided further, That $26,000,000 in
loans may be insured, or made to be sold and insured, under the
Agricultural Credit Insurance Fund of the Farmers Home Administration
(86 Stat. 663): // 7 USC 1931, 1932. // Provided further, That not to
exceed $1,000,000 of this appropriation is available to carry out the
purposes of the Endangered Species Act of 1973 (Public Law 93 - 205), //
16 USC 1531 // as amended, including cooperative efforts as contemplated
by that Act to relocate endangered or threatened species to other
suitable habitats as may be necessary to expedite project construction.
For necessary expenses in planning and carrying out projects for
resource conservation and development and for sound land use pursuant to
the provisions of section 32(e) of title III of the Bankhead- Jones Farm
Tenant Act, as amended (7 U.S.C. 1010 - 1011; 76 Stat. 607), and the
provisions of the Act of April 27, 1935 (16 U.S.C. 590a-f), $26,000,000:
Provided, That $4,000,000 in loans may be insured, or made to be sold
and insured, under the Agricultural Credit Insurance Fund of the Farmers
Home Administration (86 Stat. 663): // 7 USC 1931, 1932. // Provided
further, That this appropriation shall be available for field employment
pursuant to the second sentence of section 706(a) of the Organic Act of
1944 (7 U.S.C. 2225), and not to exceed $50,000 shall be available for
employment under 5 U.S.C. 3109.
For necessary expenses to carry into effect a program of conservation
in the Great Plains area, pursuant to section 16(b) of the Soil
Conservation and Domestic Allotment Act, as added by the Act of August
7, 1956, as amended (16 U.S.C. 590p(b)), $21,500,000, to remain
available until expended.
For necessary expenses to carry into effect the program authorized in
sections 7 to 15, 16(a), and 17 of the Soil Conservation and Domestic
Allotment Act, approved February 29, 1936, as amended and supplemented
(16 U.S.C. 590g-590o, 590p(a), and 590q), and sections 1001 - 1008, and
1010 of the Agricultural Act of 1970, as added by the Agriculture and
Consumer Protection Act of 1973 (16 U.S.C. 1501 - 1508, and 1510), and
including not to exceed $15,000 for the preparation and display of
exhibits, including such displays at State, interstate, and
international fairs within the United States, $190,000,000, to remain
available until expended for agreements, excluding administration but
including technical assistance and related expenses, except that no
participant in the Agricultural Conservation Program shall receive more
than $3,500, except where the participants from two or more farms or
ranches join to carry out approved practices designed to conserve or
improve the agricultural resources of the community: Provided, That no
portion of the funds for the current year's program may be utilized to
provide financial or technical assistance for drainage on wetlands now
designated as Wetland Types 3 (III) through 20 (XX) in United States
Department of the Interior, Fish and Wildlife Circular 39, Wetlands of
the United States, 1956: Provided further, That such amounts shall be
available for the purchase of seeds, fertilizers, lime, trees, or any
other conservation materials, or any soil-terracing services, and making
grants thereof to agricultural producers to aid them in carrying out
approved farming practices as authorized by the Soil Conservation and
Domestic Allotment Act, // 16 USC 590q. // as amended, as determined
and recommended by the county committees, approved by the State
committees and the Secretary, under programs provided for herein:
Provided further, That such assistance will not be used for carrying out
measures and practices that are primarily production-oriented or that
have little or no conservation or pollution abatement benefits:
Provided further, That not to exceed 5 per centum of the allocation for
the current year's program for any county may, on the recommendation of
such county committee and approval of the State committee, be withheld
and allotted to the Soil Conservation Service for services of its
technicians in formulating and carrying out the Agricultural
Conservation Program in the participating counties, and shall not be
utilized by the Soil Conservation Service for any purpose other than
technical and other assistance in such counties, and in addition, on the
recommendation of such county committee and approval of the State
committee, not to exceed 1 per centum may be made available to any other
Federal, State, or local public agency for the same purpose and under
the same conditions: Provided further, That for the current year's
program $2,500,000 shall be available for technical assistance in
formulating and carrying out rural environmental practices: Provided
further, That no part of any funds available to the Department, or any
bureau, office, corporation, or other agency constituting a part of such
Department, shall be used in the current fiscal year for the payment of
salary or travel expenses of any person who has been convicted of
violating the Act entitled " An Act to prevent pernicious political
activities", approved August 2, 1939, // 53 Stat. 1147. // as amended,
or who has been found in accordance with the provisions of title 18
U.S.C. 1913, to have violated or attempted to violate such section which
prohibits the use of Federal appropriations for the payment of personal
services or other expenses designed to influence in any manner a Member
of Congress to favor or oppose any legislation or appropriation by
Congress except upon request of any Member or through the proper
official channels.
For necessary expenses, not otherwise provided for, to carry out the
program of forestry incentives, as authorized in the Cooperative
Forestry Assistance Act of 1978 (16 U.S.C. 2101), including technical
assistance and related expenses, $12,500,000, to remain available until
expended, as authorized by that Act.
For necessary expenses to carry into effect the provisions of the
Water Bank Act (16 U.S.C. 1301 - 1311), $8,800,000, to remain available
until expended.
For necessary expenses to carry into effect the program authorized in
sections 401, 402, and 404 of title IV of the Agricultural Credit Act of
1978 (16 U.S.C. 2201 - 2205), $8,800,000, to remain available until
expended, as authorized by 16 U.S.C. 2204.
For necessary expenses to carry out the National School Lunch Act (42
U.S.C. 1751 - 1761, and 1766), and the applicable provisions other than
section 3 of the Child Nutrition Act of 1966 (42 U.S.C. 1773 - 1785, and
1788); // 42 USC 1772. // $2,846,838,000, of which $1,082,890,000 is
hereby appropriated, and $1,763,948,000 shall be derived by transfer
from funds available under section 32 of the Act of August 24, 1935 (7
U.S.C. 612c), including $80,000,000 for purchase and distribution of
agricultural commodities and other foods pursuant to section 6 of the
National School Lunch Act: Provided, That funds provided herein shall
remain available until September 30, 1983: Provided further, That only
claims for reimbursement for meals served after September 1, 1981,
submitted to State agencies prior to January 1983, shall be eligible for
reimbursement: Provided further, // 42 USC 1776a. // That funds
appropriated for the purpose of section 7 of the Child Nutrition Act of
1966 shall be allocated among the States but the distribution of such
funds to an individual State is contingent upon that State's agreement
to participate in studies and surveys of programs authorized under the
National School Lunch Act // 42 USC 1751, 1771. // and the Child
Nutrition Act of 1966 // 42 USC 1776b. // when such studies and surveys
have been directed by the Congress and requested by the Secretary of
Agriculture: Provided further, That if the Secretary of Agriculture
determines that a State's administration of any program under the
National School Lunch Act or the Child Nutrition Act of 1966 (other than
section 17), or the regulations issued pursuant to these Acts, is
seriously deficient, and the State fails to correct the deficiency
within a specified period of time, the Secretary may withhold from the
State some or all of the funds allocated to the State under section 7 of
the Child Nutrition Act of 1966 // 42 USC 1776. // and under section
13(k)(1) of the National School Lunch Act; // 42 USC 1761. // upon a
subsequent determination by the Secretary that the programs are operated
in an acceptable manner some or all of the funds withheld may be
allocated.
For necessary expenses to carry out the special milk program, as
authorized by section 3 of the Child Nutrition Act of 1966 (42 U.S.C.
1772), $28,100,000, to remain available until September 30, 1983:
Provided, That only claims for reimbursement for milk served during
fiscal year 1982 submitted to State agencies prior to January 1, 1983,
shall be eligible for reimbursement.
For necessary expenses to carry out the special supplemental food
program as authorized by section 17 of the Child Nutrition Act of 1966
(42 U.S.C. 1786), and the commodity supplemental food program as
authorized by section 4(a) of the Agriculture and Consumer Protection
Act of 1973 (7 U.S.C. 612c (note)), $973,000,000, of which not to exceed
$500,000 shall be available for the pilot supplemental food program when
authorized by law: Provided, That funds provided herein shall remain
available until September 30, 1983.
For necessary expenses to carry out the Food Stamp Act (7 U.S.C.
2011 - 2028), $10,001,384,000 for the period October 1, 1981, through
August 15, 1982: Provided, That funds provided herein shall remain
available until September 30, 1982, in accordance with section 18(a) of
the Food Stamp Act: // 7 USC 2027. // Provided further, That up to 5
percentum of the foregoing amount may be placed in reserve to be
apportioned pursuant to section 3679 of the Revised Statutes, // 31 USC
665. // as amended, for use only in such amounts and at such times as
may become necessary to carry out program operations: Provided further,
That funds provided herein shall be expended in accordance with section
16 of the Food Stamp Act: // 7 USC 2025. // Provided further, That
this appropriation shall be subject to any work registration or workfare
requirements as may be required by law: Provided further, That not less
than $65,000,000 of the amount provided herein shall be used for work
registration and job search activities.
For an additional amount to carry out the Food Stamp Act (7 U.S.C.
2011 - 2028), $292,000,000, for the period October 1, 1981, through
August 15, 1982, should it become necessary after the Secretary has
employed the regulatory and administrative methods available to him
under the law to curtail fraud, waste and abuse in the program:
Provided, That funds provided herein shall remain available until
September 30, 1982: Provided further, That this appropriation shall be
subject to any work registration or workfare requirements as may be
required by law.
For necessary expenses to carry out section 4(a) of the Agriculture
and Consumer Protection Act of 1973 (7 U.S.C. 612c (note)), $48,220,000.
For necessary administrative expenses of the Domestic Food Programs
funded under this Act, $86,461,000; of which $5,000,000 shall be
available only for simplifying procedures, reducing overhead costs,
tightening regulations, improving food stamp coupon handling, and
assistance in the prevention, identification and prosecution of fraud
and other violations of law: Provided, That this appropriation shall be
available for employment pursuant to the second sentence of section
706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed
$150,000 shall be available for employment under 5 U.S.C. 3109.
For necessary expenses of the Foreign Agricultural Service, including
carrying out title VI of the Agricultural Act of 1954, as amended (7
U.S.C. 1761 - 1768), market development activities abroad, and for
enabling the Secretary to coordinate and integrate activities of the
Department in connection with foreign agricultural work, including not
to exceed $100,000 for representation allowances and for expenses
pursuant to section 8 of the Act approved August 3, 1956 (7 U. S.C.
1766), $67,694,000: Provided, That not less than $255,000 of the funds
contained in this appropriation shall be available to obtain statistics
and related facts on foreign production and full and complete
information on methods used by other countries to move farm commodities
in world trade on a competitive basis.
Not to exceed $5,436,000 may be transferred // 15 USC 713a-10. //
from the Commodity Credit Corporation funds to support the General Sales
Manager who shall work to expand and strengthen sales of U.S.
commodities (including those of the Corporation) in world markets
pursuant to existing authority (including that contained in the
Corporation's charter), and that such funds shall be used by the General
Sales Manager to carry out the above activities. The General Sales
Manager shall report directly to the Board of Directors of the
Corporation of which the Secretary of Agriculture is a member. The
General Sales Manager shall obtain, assimilate, and analyze all
available information on developments related to private sales, as well
as those funded by the Corporation, including grade and quality as sold
and as delivered, including information relating to the effectiveness of
greater reliance by the General Sales Manager upon loan guarantees as
contrasted to direct loans for financing commercial export sales of
agricultural commodities out of private stocks on credit terms, as
provided in title I and II of the Agricultural Trade Act of 1978, Public
Law 95 - 501, // 92 Stat. 1685, 1686. // and shall submit quarterly
reports to the appropriate committees of Congress concerning such
developments.
For necessary expenses of the Office of International Cooperation and
Development to coordinate, plan and direct activities involving
international development, technical assistance and training,
international scientific and technical cooperation in the Department of
Agriculture, $3,627,000, including those authorized by the Food and
Agriculture Act of 1977 (7 U.S.C. 3291), and the Office may utilize
advances of funds, or reimburse this appropriation for expenditures made
on behalf of Federal agencies, public and private organizations and
institutions under agreements executed pursuant to the agricultural food
production assistance programs (7 U.S.C. 1736) and the foreign
assistance programs of the International Development Cooperation
Administration (22 U.S.C. 2392).
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including interest
thereon, under the Agricultural Trade Development and Assistance Act of
1954, as amended (7 U.S.C. 1691, 1701 - 1715, 1721 - 1726, 1727 - 1727f,
1731 - 1736g), as follows: (1) financing the sale of agricultural
commodities for convertible foreign currencies and for dollars on credit
terms pursuant to titles I and III of said Act, // 7 USC 1701, 1727. //
not more than $858,932,000, of which $381,032,000 is hereby appropriated
and the balance derived from proceeds from sales of foreign currencies
and dollar loan repayments, repayments on long-term credit sales and
carryover balances; and (2) commodities supplied in connection with
dispositions abroad, pursuant to title II of said Act, // 7 USC 1721.
// not more than $722,496,000, of which $722,496,000 is hereby
appropriated and the balance to be derived from Commodity Credit
Corporation funds and from carryover balances: Provided, That not to
exceed 10 percent of the funds made available to carry out any title of
this paragraph may be used to carry out any other title of this
paragraph.
For necessary expenses, not otherwise provided for, of the Food and
Drug Administration; for payment of salaries and expenses for services
as authorized by 5 U.S.C. 3109, but at rates for individuals not to
exceed the per diem rate equivalent to the rate for GS-18; for rental
of special purpose space in the District of Columbia or elsewhere;
$332,032,000.
For necessary expenses to carry out the provisions of the Commodity
Exchange Act, as amended (7 U.S.C. 1 et seq.) including the purchase and
hire of passenger motor vehicles; the rental of space (to include
multiple year leases) in the District of Columbia and elsewhere; and
not to exceed $25,000 for employment under 5 U.S.C. 3109, $19,924,000 to
be available as authorized by law: Provided, That not to exceed $700
shall be available for official reception and representation expenses.
Not to exceed $16,113,000 (from assessments collected from farm
credit agencies) shall be obligated during the current fiscal year for
administrative expenses including the hire of one passenger motor
vehicle.
Sec. 601. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, pursuant to 5 U.S.
C. 3109, shall be limited to those contracts where such expenditures are
a matter of public record and available for public inspection, except
where otherwise provided under existing law, or under existing Executive
order issued pursuant to existing law.
Sec. 602. Within the unit limit of cost fixed by law, appropriations
and authorizations made for the Department of Agriculture for the fiscal
year 1982 under this Act shall be available for the purchase, in
addition to those specifically provided for, of not to exceed seven
hundred forty (740) passenger motor vehicles of which six hundred and
eighty-five (685) shall be for replacement only, and for the hire of
such vehicles.
Sec. 603. Funds available to the Department of Agriculture shall be
available for uniforms or allowances therefor as authorized by law (5
U.S.C. 5901 - 5902).
Sec. 604. // 7 USC 1623a. // Not less than $1,500,000 of the
appropriations of the Department of Agriculture for research and service
work authorized by the Acts of August 14, 1946, July 28, 1954, and
September 6, 1958 (7 U.S.C. 427, 1621 - 1629; 42 U.S.C. 1891 - 1893),
shall be available for contracting in accordance with said Acts.
Sec. 605. No part of the funds contained in this Act may be used to
make production or other payments to a person, persons, or corporations
who harvest or knowingly permit to be harvested for illegal use,
marihuana, or other such prohibited drug-producing plants on any part of
lands owned or controlled by such persons or corporations.
Sec. 606. Advances of money from any appropriation for the
Department of Agriculture may be made by authority of the Secretary of
Agriculture to chiefs of field parties.
Sec. 607. The cumulative total of transfers to the Working Capital
Fund for the purpose of accumulating growth capital for data services
and National Finance Center operations shall not exceed $1,500,000:
Provided, That no funds appropriated to an agency of the Department
shall be transferred to the Working Capital Fund without the approval of
the agency administrator.
Sec. 608. New obligational authority provided for the following
appropriation items in this Act shall remain available until expended:
Scientific Activities Overseas (Special Foreign Currency Program);
Public Law 480; // 16 USC 1691 // Mutual and Self-Help Housing; Rural
Housing for Domestic Farm Labor; Watershed and Flood Prevention
Operations; Resource Conservation and Development; and Agricultural
Stabilization and Conservation Service Salaries and Expenses funds made
available to county committees.
Sec. 609. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 610. Not to exceed $50,000 of the appropriations available to
the Department of Agriculture shall be available to provide appropriate
orientation and language training pursuant to Public Law 94 - 449 // 7
USC 1762. //
Sec. 611. Notwithstanding any other provision of law, employees of
the agencies of the Department of Agriculture, including employees of
the Agriculture Stabilization and Conservation County Committees, may be
utilized to provide part-time and intermittent assistance to other
agencies of the Department, without reimbursement, during periods when
they are not otherwise fully utilized, and ceilings on full-time
equivalent staff years established for or by the Department of
Agriculture shall exclude overtime as well as staff years expended as a
result of carrying out programs associated with natural disasters, such
as forest fires, drought, floods, and other acts of God: Provided, That
notwithstanding any other provision of this Act, appropriations under
this Act for the following agencies or activities shall not exceed:
APPROPRIATIONS OMITTED. Provided further, That, where applicable, the
reductions made by this provision shall be applied proportionally to
each appropriation account and activity, unless justified in writing and
concurred in by the House and Senate Appropriations Committees.
Sec. 612. Funds provided by this Act for personnel compensation and
benefits shall be available for obligation for that purpose only.
Sec. 613. No part of any appropriation contained in this Act shall
be expended by any executive agency, as referred to in the Office of
Federal Procurement Policy Act (41 U.S.C. 401 et seq.), pursuant to any
obligation for services by contract, unless such executive agency has
awarded and entered into such contract as provided by law.
Sec. 614. None of the funds appropriated or otherwise made available
by this Act shall be available to implement, administer, or enforce any
regulation which has been disapproved pursuant to a resolution of
disapproval duly adopted in accordance with the applicable law of the
United States.
Sec. 615. Certificates of beneficial ownership sold by the Farmers
Home Administration in connection with the Agricultural Credit Insurance
Fund, Rural Housing Insurance Fund, and the Rural Development Insurance
Fund shall be not less than 75 per centum of the value of the loans
closed during the fiscal year.
Sec. 616. No funds appropriated by this Act may be used to pay
negotiated indirect cost rates on cooperative agreements or similar
arrangements between the United States Department of Agriculture and
nonprofit institutions in excess of 10 per centum of the total direct
cost of the agreement when the purpose of such cooperative arrangements
is to carry out programs of mutual interest between the two parties.
This does not preclude appropriate payment of indirect costs on grants
and contracts with such institutions when such indirect costs are
computed on a similar basis for all agencies for which appropriations
are provided in this Act.
Sec. 617. None of the funds in this Act shall be used to carry out
any activity related to phasing out the Resource Conservation and
Development Program.
Sec. 618. None of the funds in this Act shall be used to prevent or
interfere with the right and obligation of the Commodity Credit
Corporation to sell surplus agricultural commodities in world trade at
competitive prices as authorized by law.
Sec. 619. Notwithstanding any other provision of law, watershed
projects under Public Law 83 - 566 // 42 USC 1962 // are hereby exempted
from the requirements of Executive Orders 12113 and 12141.
Sec. 620. Notwithstanding any other provision of this Act, // 16 USC
1001 // commodities acquired by the Department in connection with
Commodity Credit Corporation and section 32 // 42 USC 1962 // price
support operations may be used, as authorized by law (15 U.S.C. 714c and
7 U.S.C. 612c), // 7 USC 612c // to provide commodities to individuals
in cases of hardship as determined by the Secretary of Agriculture.
Approved December 23, 1981.
LEGISLATIVE HISTORY-H.R. 4119:
HOUSE REPORTS: No. 97 - 172 (Comm. on Appropriations) and No. 97 -
313 (Comm. of Conference).
SENATE REPORT No. 97 - 248 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 127 (1981):
July 27, considered and passed House.
Oct. 29, 30, considered and passed Senate, amended.
Dec. 15, House and Senate agreed to conference report.
PUBLIC LAW 97-102, 95 STAT. 1442, DEPARTMENT OF TRANSPORATION AND
RELATED AGENCIES APPROPRIATION ACT, 1982
Transportation and related agencies
for the fiscal year ending September 30, 1982, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the Department of Transportation and related agencies
for the fiscal year ending September 30, 1982, and for other purposes,
namely:
For necessary expenses of the Office of the Secretary of
Transportation, including not to exceed $27,000 for allocation within
the Department of official reception and representation expenses as the
Secretary may determine, $35,100,000: Provided, That none of the funds
in this Act shall be available for the execution of the sale or
transference of any Government-owned securities of the Consolidated Rail
Corporation without the prior consent of the House and Senate Committees
on Appropriations.
For necessary expenses for conducting transportation planning,
research, and development activities, including the collection of
national transportation statistics, to remain available until expended,
$7,250,000.
Necessary expenses for operating costs and capital outlays of the
Department of Transportation Working Capital Fund not to exceed
$70,909,000 shall be paid in accordance with law, from appropriations
made available by this Act and prior appropriation Acts to the
Department of Transportation, together with advances and reimbursements
received by the Department of Transportation.
For necessary expenses for the operation and maintenance of the Coast
Guard, not otherwise provided for; purchase of not to exceed eight
passenger motor vehicles, for replacement only; and recreation and
welfare, $1,400,000,000, of which $244,073 shall be applied to Capehart
Housing debt reduction: Provided, That an additional $5,000,000 shall
be derived from the National Recreational Boating Safety and Facilities
Improvement Fund to implement a program of recreational boat safety,
designed by the Secretary pursuant to 46 U.S. C. 1475 // 94 Stat. 1984,
// and for the purposes set out in Public Law 97 - 12: // 14 USC 92 //
Provided further, That the number of aircraft on hand at any one time
shall not exceed one hundred and seventy-nine exclusive of planes and
parts stored to meet future attrition: Provided further, That none of
the funds appropriated in this or any other Act shall be available for
pay or administrative expenses in connection with shipping commissioners
in the United States: Provided further, That none of the funds provided
in this Act shall be available for expenses incurred for yacht
documentation under 46 U.S.C. 103 // 94 Stat. 3460. // except to the
extent fees are collected from yacht owners and credited to this
appropriation, and, notwithstanding any other law, the Secretary may
prescribe fees to recover the expenses of yacht documentation.
For necessary expenses of acquisition, construction, rebuilding, and
improvement of aids to navigation, shore facilities, vessels, and
aircraft, including equipment related thereto; to remain available
until September 30, 1986, $400,000,000: Provided, That of the foregoing
amount $175,000,000 shall be available only for assets deployed and
dedicated in a manner to maximize their contribution to the Coast
Guard's drug interdiction program.
For necessary expenses for alteration or removal of obstructive
bridges, $12,000,000, to remain available until expended.
For retired pay including the payment of obligations therefore
otherwise chargeable to lapsed appropriations for this purpose, and
payments under the Retired Serviceman's Family Protection and Survivor
Benefit Plans, $279,000,000.
For all necessary expenses for the Coast Guard Reserve, as authorized
by law; maintenance and operation of facilities; and supplies,
equipment, and services, $49,483,000.
For necessary expenses, not otherwise provided for, for basic and
applied scientific research, development, test, and evaluation;
maintenance, rehabilitation, lease, and operation of facilities and
equipment, as authorized by law, $22,000,000, to remain available until
expended: Provided, That there may be credited to this appropriation,
funds received from State and local governments, other public
authorities, private sources and foreign countries for expenses incurred
for research, development, testing and evaluation.
For necessary expenses to carry out the provisions of title III of
the Outer Continental Shelf Lands Act Amendments of 1978 (Public Law 95
- 372), // 43 USC 1811. // $5,000,000, to be derived from the Offshore
Oil Pollution Compensation Fund and to remain available until expended.
In addition, the Secretary of Transportation is authorized to issue to
the Secretary of the Treasury, to meet the obligations of the Fund,
notes or other obligations pursuant to section 302 of the Amendments //
43 USC 1812. // in such amounts and at such times as may be necessary.
To increase the capital of the Coast Guard Supply Fund, $1,320,000,
to remain available until expended.
For necessary expenses to carry out the provisions of section 18 of
the Deepwater Port Act of 1974 (Public Law 93 - 627), // 33 USC 1517.
// $5,000,000 to be derived from the Deepwater Port Liability Fund // 33
USC 1517a. // and to remain available until expended. In addition, the
Secretary of Transportation is authorized to issue, and the Secretary of
the Treasury is authorized to purchase, without fiscal year limitation,
notes or other obligations pursuant to section 18(f)( 3) of the Act in
such amounts and at such times as may be necessary to meet the
obligations of the Fund.
For necessary expenses of the Federal Aviation Administration, not
otherwise provided for, including administrative expenses for research
and development and for establishment of air navigation facilities, and
carrying out the provisions of the Airport and Airway Development Act,
// 49 USC 1701. // as amended, or other provisions of law authorizing
obligation of funds for similar programs of airport and airway
development or improvement; payments to lenders required as a
consequence of any guaranty under Public Law 85 - 307, // 49 USC 1324 //
as amended; purchase of four passenger motor vehicles for replacement
only and purchase and repair of skis and snowshoes, $2,220,000,000 of
which not to exceed $800,000,000 shall be derived from the Airport and
Airway Trust Fund and, in addition, $3,400,000 from unobligated balances
in the appropriations for " Civil supersonic aircraft development", "
Civil supersonic aircraft development termination", and " Research and
development": Provided, That there may be credited to this
appropriation, funds received from States, counties, municipalities,
other public authorities, and private sources, for expenses incurred in
the maintenance and operation of air navigation facilities: Provided
further, That none of these funds shall be available for new applicants
for the second career training program.
For necessary expenses of the Federal Aviation Administration, not
otherwise provided for, for acquisition and modernization of facilities
and equipment and service testing in accordance with the provisions of
the Federal Aviation Act (49 U.S.C. 1301 - 1542), including construction
of experimental facilities and acquisition of necessary sites by lease
or grant, $17,797,000, to remain available until expended: Provided,
That there may be credited to this appropriation, funds received from
States, counties, municipalities, other public authorities, and private
sources, for expenses incurred for engineering and development.
Fund)
For necessary expenses, not otherwise provided for, for acquisition,
establishment, and improvement by contract or purchase, and hire of air
navigation and experimental facilities, including initial acquisition of
necessary sites by lease or grant; engineering and service testing
including construction of test facilities and acquisition of necessary
sites by lease or grant; construction and furnishing of quarters and
related accommodations for officers and employees of the Federal
Aviation Administration stationed at remote localities where such
accommodations are not available; to be derived from the Airport and
Airway Trust Fund, $284,847,000, to remain available until September 30,
1986: Provided, That of the foregoing amount, $4,000,000 shall be
available only for the design, engineering, construction, and equipment
for an air traffic control training facility at the University of North
Dakota at Grand Forks: Provided further, That there may be credited to
this appropriation, funds received from States, counties,
municipalities, other public authorities, and private sources, for
expenses incurred in the establishment and modernization of air
navigation facilities: Provided further, That no part of the foregoing
appropriation shall be available for the construction of a new wind
tunnel, or to purchase any land for or in connection with the Federal
Aviation Administration Technical Center.
For necessary expenses, not otherwise provided for, for research,
engineering and development, in accordance with the provisions of the
Federal Aviation Act (49 U.S.C. 1301 - 1542), including construction of
experimental facilities and acquisition of necessary sites by lease or
grant, $71,800,000, to be derived from the Airport and Airway Trust Fund
and to remain available until expended: Provided, That there may be
credited to this appropriation, funds received from States, counties,
municipalities, other public authorities, and private sources, for
expenses incurred for research, engineering and development.
For liquidation of obligations incurred for airport development under
authority contained in section 14 of Public Law 91 - 258, // 49 USC
1714. // as amended, and for liquidation of obligations incurred for
airport planning and development under other law authorizing such
obligations, $471,000,000, to be derived from the Airport and Airway
Trust Fund and to remain available until expended.
For expenses incident to the care, operation, maintenance,
improvement, and protection of the federally owned civil airports in the
vicinity of the District of Columbia, including purchase of ten
passenger motor vehicles for police or ambulance type use, for
replacement only; and purchase of four motor bikes, of which two are
for replacement only; purchase, cleaning, and repair of uniforms; and
arms and ammunition, $29,982,000: Provided, That there may be credited
to this appropriation, funds received from air carriers,
concessionaires, and non-Federal tenants sufficient to cover utility and
fuel costs which are in excess of $7,677,000: Provided further, That
there may be credited to this appropriation, funds received from States,
counties, municipalities, other public authorities, or private sources,
for expenses incurred in the maintenance and operation of the federally
owned civil airports.
For necessary expenses for construction at the federally owned civil
airports in the vicinity of the District of Columbia $31,700,000 to
remain available until September 30, 1984.
The Secretary of Transportation is hereby authorized to make such
expenditures and investments, within the limits of funds available
pursuant to section 1306 of the Act of August 23, 1958, as amended (49
U.S.C. 1536), and in accordance with section 104 of the Government
Corporation Control Act, as amended (31 U.S.C. 849), as may be necessary
in carrying out the programs set forth in the budget for the current
fiscal year for aviation insurance activities under said Act.
In carrying out the program for guarantee of aircraft purchase loans
under the Act of September 7, 1957, as amended (49 U.S.C. 1324 note),
during fiscal year 1982 new commitments to guarantee loans shall be
exclusively for the purchase of aircraft designed to have a maximum
passenger capacity of sixty seats or less or a maximum cargo payload of
eighteen thousand pounds or less, and shall not exceed in the aggregate
$100,000,000.
Necessary expenses for administration, operation, and research of the
Federal Highway Administration not to exceed $192,440,000 shall be paid,
in accordance with law, from appropriations made available by this Act
to the Federal Highway Administration together with advances and
reimbursements received by the Federal Highway Administration:
Provided, That not to exceed $37,000,000 of the amount provided herein
shall remain available until expended.
For necessary expenses to carry out motor carrier safety functions of
the Secretary, as authorized by the Department of Transportation Act (80
Stat. 939 - 940), // 49 USC 1651 // $12,893,000, of which $3,300,000 of
the amount appropriated herein shall remain available until expended and
not to exceed $1,665,000 shall be available for " Limitation on general
operating expenses".
For necessary expenses in carrying out provisions of title 23, United
States Code, to be derived from the Highway Trust Fund and to remain
available until expended, $6,860,000, together with $1,500,000 to be
derived from the appropriation " Baltimore-Washington Parkway".
For necessary expenses in carrying out section 131 of title 23, U.S.
C. and section 104(a)(11) of the Surface Transportation Assistance Act
of 1978, // 92 Stat. 2690. // $2,000,000 to remain available until
expended: Provided, That, notwithstanding any other provision of law,
any determination as to whether any outdoor advertising sign, display,
or device is or has been lawfully erected under State law or is entitled
to compensation shall not be affected by any waiver of compensation.
Contract
Authorization) (Trust Fund)
For payment of obligations incurred in carrying out the provisions of
title 23, United States Code, section 402, administered by the Federal
Highway Administration, to remain available until expended, $23,300,000
to be derived from the Highway Trust Fund: Provided, That not to exceed
$833,000 of the amount appropriated herein shall be available for "
Limitation on general operating expenses".
For necessary expenses of railroad-highway crossings demonstration
projects, as authorized by title 23, United States Code, section 322(
b), to remain available until expended, $2,835,000. For necessary
expenses of certain railroad-highway crossings demonstration projects as
authorized by section 163 of the Federal-Aid Highway Act of 1973, // 23
USC 130 // as amended, and title III of the National Mass Transportation
Assistance Act of 1974, // 49 USC 1605 // to remain available until
expended, $14,500,000, which $9,667,000 shall be derived from the
Highway Trust Fund.
For necessary expenses in carrying out the provisions of title 23,
United States Code, sections 152, 153, 215, and 402, $4,000,000, to
remain available until expended.
of
Contract Authorization)
For payment of obligations incurred in carrying out the provisions of
23 U.S.C. 148, $21,000,000, to remain available until expended, of which
$18,900,000 shall be derived from the Highway Trust Fund.
For carrying out the provisions of title 23, United States Code,
which are attributable to Federal-aid highways, not otherwise provided,
including reimbursements for sums expended pursuant to the provisions of
23 U.S.C. 308, $8,000,000,000, or so much thereof as may be available in
and derived from the Highway Trust Fund, to remain available until
expended.
For necessary expenses to carry out the provisions of 23 U.S.C. 103(
e)(4) related to highway projects, $325,000,000, to remain available
until expended.
For payment of obligations incurred in carrying out the provisions of
28 U.S.C. 108(c), // 23 USC 108. // as authorized by section 7(c) of
the Federal-Aid Highway Act of 1968, $25,000,000, to be derived from the
Highway Trust Fund as necessary.
For expenses necessary to discharge the functions of the Secretary
with respect to traffic and highway safety and functions under the Motor
Vehicle Information and Cost Savings Act (Public Law 92 - 513, // 15 USC
1901 // as amended), $81,900,000, of which $24,785,000 shall be derived
from the Highway Trust Fund: Provided, That not to exceed $39,664,700
shall remain available until expended, of which $12,512,000 shall be
derived from the Highway Trust Fund: Provided further, That, of the
funds appropriated under this heading $6,000,000 shall be available only
for activities at the Transportation Systems Center: Provided further,
That of the funds appropriated under this heading, $1,000,000 and
sixteen permanent positions shall be available only for the operation of
the National Driver Register.
For payment of obligations incurred in carrying out the provisions of
23 U.S.C. 402 and 406, to remain available until expended, $150,200,000,
to be derived from the Highway Trust Fund.
For necessary expenses of the Federal Railroad Administration, not
otherwise provided for, $7,522,000.
For necessary expenses in connection with railroad safety, not
otherwise provided for, $26,676,000, of which $6,000,000 shall remain
available until expended.
For necessary expenses for railroad research and development,
$39,000,000, to remain available until expended: Provided, That there
may be credited to this appropriation, funds received from State and
local governments, other public authorities, private sources, and
foreign countries for expenses incurred for engineering, testing, and
development.
For necessary expenses for rail service assistance authorized by
section 5 of the Department of Transportation Act, // 49 USC 1654. //
as amended, and for necessary administrative expenses in connection with
Federal rail assistance programs not otherwise provided for, $9,500,000,
together with $9,000,000 for the Minority Business Resource Center, as
authorized by title IX of Public Law 94 - 210: // 49 USC 1657a. //
Provided, That none of the funds provided under this Act shall be
available for the planning or execution of a program making commitments
to guarantee new loans under the Emergency Rail Services Act of 1970, //
45 USC 661 // as amended, in excess of $2,600,000 of contingent
liability for loan principal in fiscal year 1982, and that no
commitments to guarantee new loans under section 211(a) of the Regional
Rail Reorganization Act of 1973, // 45 USC 721. // as amended, shall be
made.
The Congress disapproves $35,000,000 of the proposed deferral D81 -
91 relating to the Federal Railroad Administration, Rail Service
Assistance, as set forth in the message of March 10, 1981, which was
transmitted to the Congress by the President. This disapproval shall be
effective upon the enactment into law of this bill and the amount of the
proposed deferral disapproved herein shall be made available for
obligation immediately, and shall not be subject to deferral or
rescission for the balance of fiscal year 1982.
For payment of benefits under section 1160 of the Northeast Rail
Service Act of 1981, $25,000,000, to remain available until expended, to
be derived from the unobligated balances of " Payments for Purchase of
Conrail Securities": Provided, That such sum shall be considered to
have been appropriated under said section 1160.
For expenses of the Conrail Workforce Reduction Program as authorized
by section 713 of the Regional Rail Reorganization Act of 1973 as added
by section 1143 of the Northeast Rail Service Act of 1981, $100,000,000,
to remain available until expended, to be derived from the unobligated
balances of " Payments for Purchase of Conrail Securities": Provided,
That, such sum shall be considered to have been appropriated to the
Secretary under section 713 of the Regional Rail Reorganization Act of
1973 to be available for the payment of termination allowances under
section 702 of that Act: Provided further, That, for purposes of
section 710 of the Regional Rail Reorganization Act of 1973 as added by
section 1143 of the Northeast Rail Service Act of 1981, such sum shall
be considered to have been appropriated under section 713 of the
Regional Rail Reorganization Act of 1973 and counted against the
limitation on the total liability of the United States.
For labor protection as authorized by section 713 of the Regional
Rail Reorganization Act of 1973 as added by section 1143 of the
Northeast Rail Service Act of 1981, $85,000,000, to remain available
until expended, to be derived from the unobligated balances of "
Payments for Purchase of Conrail Securities": Provided, That, such sum
shall be considered to have been appropriated to the Secretary under
said section 713 for transfer to the Railroad Retirement Board for the
payment of benefits under section 701 of the Regional Rail
Reorganization Act of 1973, as amended: Provided further, That, for
purposes of section 710 of the Regional Rail Reorganization Act of 1973
as added by section 1143 of the Northeast Rail Service Act of 1981, such
sum shall be considered to have been appropriated under section 713 of
the Regional Rail Reorganization Act of 1973 and counted against the
limitation on the total liability of the United States: Provided
further, That, in addition, such sums as may be necessary shall be
derived from the unobligated balances of " Payments for Purchase of
Conrail Securities" for necessary expenses of administration of section
701 of the Regional Rail Reorganization Act of 1973 by the Railroad
Retirement Board.
For necessary expenses related to Northeast Corridor improvements
authorized by title VII of Public Law 94 - 210, // 45 USC 851. // as
amended, $176,000,000, to remain available until expended: Provided,
That, notwithstanding any other provisions of law, the provisions of
Public Law 85 - 804 // 50 USC 1431. // shall apply to the Northeast
Corridor Improvement Program: Provided further, That the Secretary may
waive the provisions of 23 U.S.C. 322 (c) and (d) if he determines such
action would serve a public purpose: Provided further, That all public
at grade-level crossings remaining along the Northeast Corridor upon
completion of the project shall be equipped with protective devices
including gates and lights.
To enable the Secretary of Transportation to make grants to the
National Railroad Passenger Corporation, $569,000,000, to remain
available until expended, and, derived from the permanent appropriation,
$166,000,000 for operating losses incurred by the Corporation, capital
improvements, and labor protection costs authorized by 45 U.S.C. 565:
Provided, That none of the funds herein appropriated shall be used for
lease or purchase of passenger motor vehicles or for the hire of vehicle
operators for any officer or employee, other than the President of the
Corporation, excluding the lease of passenger motor vehicles for those
officers or employees while in official travel status: Provided
further, That notwithstanding any other provision of law, the
Corporation shall provide through rail passenger service between
Washington, D.C. and Chicago, via Cincinnati: Provided further, That
the Secretary shall make no commitments to guarantee new loans or loans
for new purposes under 45 U.S.C. 602 in fiscal year 1982: Provided
further, That the incurring of any obligation or commitment by the
Corporation for capital improvements not expressly provided for in an
appropriation Act or prohibited by this Act shall be deemed a violation
of 31 U.S.C. 665.
Notwithstanding any other provision of law, none of the funds
appropriated for the benefit of the Corporation pursuant to this Act or
the revenues or other assets of the Corporation or any railroad
subsidiary thereof shall be available for payment to any State,
political subdivision of a State, or local taxing authority for any
taxes or other fees levied on the Corporation: Provided, That
notwithstanding any provision of law, the Corporation shall pay all
taxes or other fees appropriately levied on its facilities in Beech
Grove, Indiana.
The Congress disapproves in its entirety deferral D82 - 217 relating
to the Federal Railroad Administration, Grants to the National Railroad
Passenger Corporation, as set forth in the message of November 6, 1981,
which was transmitted to the Congress by the President. This
disapproval shall be effective immediately and the amount of the
proposed deferral disapproved herein shall be made available for
obligation.
For necessary expenses to carry out the commuter rail activities
authorized by section 601(d) of the Rail Passenger Service Act (45 U.S.
C. 601), as amended, $15,000,000, and for necessary expenses to carry
out section 1139(b) of Public Law 97 - 35, $45,000,000, to remain
available until expended.
The Alaska Railroad Revolving Fund shall continue available until
expended for the work authorized by law, including operation and
maintenance of oceangoing or coastwise vessels by ownership, charter, or
arrangement with other branches of the Government service, for the
purpose of providing additional facilities for transportation of
freight, passengers, or mail, when deemed necessary for the benefit and
development of industries or travel in the area served and payment of
compensation and expenses as authorized by 5 U.S.C. 8146, to be
reimbursed as therein provided: Provided, That no employee shall be
paid an annual salary out of said fund in excess of the salaries
prescribed by the Classification Act of 1949, // 63 Stat. 954. // as
amended, for grade GS-15, except the general manager of said railroad,
one assistant general manager and five officers at not to exceed the
salaries prescribed for members of the Senior Executive Service.
For payment to the Alaska Railroad Revolving Fund for capital
replacements, improvements, operations and maintenance, $6,160,000, to
remain available until expended.
Funds
The Secretary of Transportation is authorized to issue to the
Secretary of the Treasury notes or other obligations pursuant to section
512 of the Railroad Revitalization and Regulatory Reform Act of 1976
(Public Law 94 - 210), // 45 USC 832. // as amended, in such amounts
and at such times as may be necessary to pay any amounts required
pursuant to the guarantee of the principal amount of obligations under
sections 511 through 513 of such Act, // 45 USC 831 - 833. // such
authority to exist as long as any such guaranteed obligation is
outstanding: Provided, That the aggregate principal amount of
guarantees and commitments to guarantee obligations under section 511 of
Public Law 94 - 210, as amended, shall not exceed $770,000,000:
Provided further, That the total commitments to guarantee new loans
shall not exceed $270,000,000 of contingent liabilities for loan
principal during fiscal year 1982.
The Secretary of Transportation is hereby authorized to expend
proceeds from the sale of fund anticipation notes to the Secretary of
the Treasury and any other moneys deposited in the Railroad
Rehabilitation and Improvement Fund pursuant to sections 502, 505 - 507,
and 509 of the Railroad Revitalization and Regulatory Reform Act of 1976
(Public Law 94 - 210), // 45 USC 822, 825 - 827, 829. // as amended,
and section 803 of Public Law 95 - 620, // 45 USC 821, 822, 822 note,
825. // for uses authorized for the Fund, in amounts not to exceed
$67,500,000.
For necessary administrative expenses of the urban mass
transportation program authorized by the Urban Mass Transportation Act
of 1964, // 23 USC 101 // as amended (49 U.S.C. 1601 et seq.), 23 U.S.
C. chapter 1, in connection with these activities, including hire of
passenger motor vehicles and services as authorized by 5 U.S.C. 3109,
$26,888,000.
University
Research and Training
For necessary expenses for research and training, as authorized by
the Urban Mass Transportation Act of 1964, as amended (49 U.S.C. 1601 et
seq.), to remain available until expended, $61,600,000: Provided, That
$58,600,000 shall be available for research, development, and
demonstrations, $2,000,000 shall be available for university research
and training and not to exceed $1,000,000 shall be available for
managerial training as authorized under the authority of said Act.
For necessary expenses for urban discretionary grants (including
section 21) as authorized by the Urban Mass Transportation Act of 1964,
// 49 USC 1617. // as amended (49 U.S.C. 1601 et seq.), to remain
available until September 30, 1985, $1,479,000,000, together with
$11,000,000 to be derived from the appropriation " Rail service
operating payments": Provided, That grants awarded for contracts for
the acquisition of rolling stock, including buses, which will result in
the expenditure of Federal financial assistance, shall only be awarded
after an evaluation of performance, standardization, life-cycle costs,
and other factors the Secretary may deem relevant, in addition to the
consideration of initial capital costs. Where necessary, the Secretary
shall assist grantees in making such evaluations.
For necessary expenses for public transportation projects in areas
other than urbanized areas as defined for the purposes of the Urban Mass
Transportation Act of 1964, as amended (49 U.S.C. 1601 et seq.),
$72,500,000, to remain available until expended: Provided, That this
appropriation shall be apportioned using data from the 1970 decennial
census until March 31, 1982, after which date funds apportioned under
this appropriation shall be distributed on the basis of data from the
1980 decennial census.
For necessary expenses for urban formula grants as authorized by the
Urban Mass Transportation Act of 1964, as amended (49 U.S.C. 1601 et
seq.), $1,430,000,000, to remain available until expended: Provided,
That this appropriation shall be apportioned using data from the 1970
decennial census until March 31, 1982, after which date funds
apportioned under this appropriation shall be distributed on the basis
of data from the 1980 decennial census: Provided further, That grants
awarded for contracts for the acquisition of rolling stock, including
buses, which will result in the expenditure of Federal financial
assistance, shall only be awarded after an evaluation of performance,
standardization, life-cycle costs, and other factors the Secretary may
deem relevant, in addition to the consideration of initial capital
costs. Where necessary, the Secretary shall assist grantees in making
such evaluation.
For payment to the urban mass transportation fund, for liquidation of
contractual obligations incurred under authority of the Urban Mass
Transportation Act of 1964, as amended (49 U.S.C. 1601 et seq.), and 23
U.S.C. 142(c) and of obligations incurred for projects substituted for
Interstate System segments withdrawn prior to enactment of the
Federal-Aid Highway Act of 1976, // 23 USC 101 // $1,200,000,000, to
remain available until expended: Provided, That none of these funds
shall be made available for the establishment of depreciation reserves
or reserves for replacement accounts: Provided further, That amounts
for highway projects substituted for Interstate System segments shall be
transferred to the Federal Highway Administration.
Of the funds appropriated under this head in Public Law 96 - 38,
Public Law 96 - 131 and Public Law 96 - 400, // Stat. 120; 93 Stat.
1032; 94 Stat. 1690. // making appropriations for a waterborne
transportation demonstration project for fiscal years 1979, 1980, and
1981, $2,000,000 are rescinded.
For necessary expenses to carry out the provisions of 23 U.S.C. 103(
e)(4) related to transit projects, $560,000,000, to remain available
until expended.
The Saint Lawrence Seaway Development Corporation is hereby
authorized to make such expenditures, within the limits of funds and
borrowing authority available to such Corporation, and in accord with
law, and to make such contracts and commitments without regard to fiscal
year limitations as provided by section 104 of the Government
Corporation Control Act, // 31 USC 849. // as amended, as may be
necessary in carrying out the programs set forth in the budget for the
current fiscal year for the Corporation except as hereinafter provided.
Not to exceed $1,601,000 shall be available for administrative
expenses which shall be computed on an accrual basis, including not to
exceed $3,000 for official entertainment expenses to be expended upon
the approval or authority of the Secretary of Transportation: Provided,
That Corporation funds shall be available for the hire of passenger
motor vehicles and aircraft, operation and maintenance of aircraft,
uniforms or allowances therefor for operation and maintenance personnel,
as authorized by law (5 U.S.C. 5901 - 5902), and $15,000 for services as
authorized by 5 U.S.C. 3109.
For expenses necessary to discharge the functions of the Research and
Special Programs Administration, $26,441,000, of which not to exceed
$8,703,000 shall remain available until expended for expenses for
conducting research and development and not to exceed $3,184,000 shall
remain available until expended for grants-in-aid to carry out a
pipeline safety program, as authorized by section 5 of the Natural Gas
Pipeline Safety Act of 1968 (49 U.S.C. 1674).
For necessary expenses of the Office of Inspector General in carrying
out the provisions of the Inspector General Act of 1978, // 5 USC app.
// $13,047,000, together with $9,200,000 derived from funds available
under 23 U.S.C. 104(a) for payment of obligations.
For expenses necessary for the Architectural and Transportation
Barriers Compliance Board, as authorized by section 502 of the
Rehabilitation Act of 1973, // 29 USC 792. // as amended, $2,000,000.
For necessary expenses of the National Transportation Safety Board,
including hire of passenger motor vehicles and aircraft; services as
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
the per diem rate equivalent to the rate for a GS-18; // 5 USC 5332 //
uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901 -
5902), $19,125,000, of which not to exceed $300 may be used for official
reception and representation expenses.
For necessary expenses of the Civil Aeronautics Board, including hire
of aircraft; hire of passenger motor vehicles; services as authorized
by 5 U.S.C. 3109; uniforms, or allowances therefor, as authorized by
law (5 U.S.C. 5901 - 5902); and not to exceed $5,000 for official
reception and representation expenses, $27,000,000.
For payments to air carriers of so much of the compensation fixed and
determined by the Civil Aeronautics Board under section 406 and section
419 of the Federal Aviation Act of 1958, as amended, (49 U.S.C. 1376
and 1389), as is payable by the Board, $65,900,000, to remain available
until expended: Provided, That, notwithstanding any other provision of
law, none of the funds appropriated by this Act shall be expended under
section 406 for services provided after ninety-five days following the
date of enactment of this Act to points which, based on reports filed
with the Civil Aeronautics Board, enplaned an average of eighty or more
passengers per day in the fiscal year ended September 30, 1981:
Provided further, That, notwithstanding any other provision of law,
payments under section 406, exclusive of payments for services provided
within the State of Alaska, shall not exceed a total of $14,000,000 for
services provided during the period between March 31, 1982, and
September 30, 1982, and, to the extent it is necessary to meet this
limitation, the compensation otherwise payable by the Board under
section 406 // 49 USC 1376. // shall be reduced by a percentage which
is the same for all air carriers receiving such compensation: Provided
further, That, notwithstanding any other provision of law, payments
under section 406 for services provided within the State of Alaska
during the period between March 31, 1982, and September 30, 1982, shall
not exceed a total of $5,500,000 and, to the extent it is necessary to
meet this limitation, the compensation otherwise payable by the Board
under section 406 shall be reduced by a percentage which is the same for
all carriers receiving such compensation: Provided further, That the
foregoing limitations shall not apply to payments made pursuant to the
requirements of section 419(a)(7)(A) // 49 USC 1389. // nor shall such
payments be reduced by virtue of such provision: Provided further, That
the provisions of this paragraph shall be effective only until modified
by subsequent legislation.
For necessary expenses of the Interstate Commerce Commission,
including services as authorized by 5 U.S.C. 3109, and not to exceed
$1,500 for official reception and representation expenses, $74,150,000:
Provided, // 49 USC 10344 // That Joint Board members and cooperating
State commissioners may use Government transportation requests when
traveling in connection with their official duties as such.
None of the funds provided under this Act shall be available for the
execution of programs the obligations for which can reasonably be
expected to be in excess of $10,000,000 for directed rail service under
49 U.S.C. 11125 or any other legislation.
For operating expenses necessary for the Panama Canal Commission,
including hire of passenger motor vehicles and aircraft; uniforms or
allowances therefor, as authorized by law (5 U.S.C. 5901 - 5902);
operation of guide services; residence for the administrator;
contingencies of the administrator; not to exceed $25,000 for official
reception and representation expenses; and to employ services as
authorized by law (5 U.S.C. 3109); maintaining, improving, and altering
facilities of other United States Government agencies in the Republic of
Panama and facilities of the Government of the Republic of Panama for
Panama Canal Commission use; and for payment of liabilities of the
Panama Canal Company and Canal Zone Government that were pending on
September 30, 1979, or that have accrued thereafter, including accounts
payable for capital projects, $400,754,000, to be derived from the
Panama Canal Commission Fund: Provided, That of the funds appropriated
by this section: (1) not more than $450,000 shall be available for
operation of guide services; (2) not more than $60,000 shall be
available for the maintenance of a residence for the Administrator; (3)
not more than $25,000 shall be available for disbursement by the
Administrator for employee recreation and community projects; (4) not
more than $520,000 shall be available for procurement of expert and
consultant services as provided by section 3109 of title 5, United
States Code; (5) not more than $5,000,000 shall be available for
maintenance and alteration of facilities of the Government of the
Republic of Panama, used by the Commission, of which the United States
retains use pursuant to the Panama Canal Treaty of 1977 and related
agreements; and (6) not more than $76,000 shall be available for
expenses of the supervisory Board established pursuant to section 1102
of Public Law 96 - 70 (93 Stat. 456), // 22 USC 3612. // including
travel and transportation expenses under section 5703 of title 5, United
States Code: Provided further, That there may be credited to this
appropriation, funds received from the Panama Canal Commission's capital
outlay account for expenses incurred for supplies and services provided
for capital projects and funds received from officers and employees of
the Commission and/or commercial insurors of Commission employees for
payment to other United States Government agencies for expenditures made
for services provided to Commission employees and their dependents by
such other agencies.
For acquisition, construction, and replacement of improvements,
facilities, structures, and equipment required by the Panama Canal
Commission, including the purchase of not to exceed forty passenger
motor vehicles of which twenty-eight are for replacement only; to
employ services authorized by law (5 U.S.C. 3109); for payment of
liabilities of the Panama Canal Company and Canal Zone Government that
were pending on September 30, 1979, or that have accrued thereafter; to
improve facilities of other United States Government agencies in the
Republic of Panama and facilities of the Government of the Republic of
Panama for Panama Canal Commission use, $19,766,000: Provided, That of
the sums referred to in this paragraph, not more than the following
amounts shall be available for the following purposes: (1) for transit
projects, $13,764,000; (2) for general support projects, $3,252,000;
(3) for utilities projects, $1,870,000; and (4) for quarters
improvement projects, $880,000: Provided further, That funds
appropriated are to be derived from the Panama Canal Commission Fund and
to remain available until expended.
For the acquisition, in accordance with section 509 of the Railroad
Revitalization and Regulatory Reform Act of 1976, // 45 USC 829. // as
amended, and section 803 of Public Law 95 - 620, // 45 USC 821, 822,
822, 825. // of fund anticipation notes, $67,500,000, of which
$25,000,000 shall be derived from the unobligated balances of " Payments
for Purchase of Conrail Securities".
For necessary administrative expenses to enable the United States
Railway Association to carry out its functions under the Regional Rail
Reorganization Act of 1973, // 45 USC 701 // as ameded, $13,000,000, to
remain available until expended, of which not to exceed $1,000 may be
available for official reception and representation expenses.
For necessary expenses for interest payments, to remain available
until expended, $51,586,000: Provided, That these funds shall be
disbursed pursuant to terms and conditions established by Public Law 96
- 184 // 93 Stat. 1320. // and the Initial Bond Repayment Participation
Agreement.
Sec. 301. During the current fiscal year applicable appropriations
to the Department of Transportation shall be available for maintenance
and operation of aircraft; hire of passenger motor vehicles and
aircraft; purchase of liability insurance for motor vehicles operating
in foreign countries on official departmental business; and uniforms,
or allowances therefor, as authorized by law (5 U.S.C. 5901 - 5902).
Sec. 302. None of the funds provided in this Act shall be available
for the planning or execution of programs the commitments for which are
in excess of $450,000,000 in fiscal year 1982 for grants-in-aid for
airport planning, noise compatibility planning and programs, and
development.
Sec. 303. None of the funds provided under this Act shall be
available for the planning or execution of programs, the obligations for
which are in excess of $10,000,000 in fiscal year 1982 for "
High-way-related safety grants".
Sec. 304. None of the funds provided under this Act shall be
available for the planning or execution of programs, the total
obligations for which are in excess of $92,500,000 in fiscal year 1982
for " State and Community Highway Safety": Provided, That none of the
funds under State and Community Highway Safety shall be used for
construction, rehabilitation or remodeling costs or for office
furnishings and fixtures for State, local, or private buildings or
structures.
Sec. 305. Funds appropriated for the Panama Canal Commission may be
apportioned notwithstanding section 3679 of the Revised Statutes, as
amended (31 U.S.C. 665), to the extent necessary to permit payment of
such pay increases for officers or employees as may be authorized by
administrative action pursuant to law which are not in excess of
statutory increases granted for the same period in corresponding rates
of compensation for other employees of the Government in comparable
positions.
Sec. 306. Funds appropriated under this Act for expenditure by the
Federal Aviation Administration shall be available (1) except as
otherwise authorized by the Act of September 30, 1950 (20 U.S.C. 236 -
244), // 20 USC 241 // for expenses of primary and secondary schooling
for dependents of Federal Aviation Administration personnel stationed
outside the continental United States at costs for any given area not in
excess of those of the Department of Defense for the same area, when it
is determined by the Secretary that the schools, if any, available in
the locality are unable to provide adequately for the eduucation of such
dependents and (2) for transportation of said dependents between schools
serving the area which they attend and their places of residence when
the Secretary, under such regulations as may be prescribed, determines
that such schools are not accessible by public means of transportation
on a regular basis.
Sec. 307. Appropriations contained in this Act for the Department of
Transportation shall be available for services as authorized by 5 U.S.
C. 3109, but at rates for individuals not to exceed the per diem rate
equivalent to the rate for a GS-18. // 5 USC 5332 //
Sec. 308. None of the funds provided under this Act // 49 USC 1604.
// shall be made available under section 5 of the Urban Mass
Transportation Act of 1964, as amended, to support mass transit
facilities, equipment, or operating expenses unless the applicant for
such assistance has given satisfactory assurances in such manner and
forms as the Secretary may require, and in accordance with such terms
and conditions as the Secretary may prescribe, that the rates charged
elderly and handicapped persons during nonpeak hours shall not exceed
one-half of the rates generally applicable to other persons at peak
hours: Provided, That the Secretary, in prescribing the terms and
conditions for the provision of such assistance shall (1) permit
applicants to continue the use of preferential fare systems for elderly
or handicapped persons where those systems were in effect on or prior to
November 26, 1974, (2) allow applicants a reasonable time to expand the
coverage of operating preferential fare systems as appropriate, (3)
allow applicants to continue to use preferential fare systems
incorporating the offering of a free return ride upon payment of the
generally applicable full fare where any such applicant's existing fare
collection system does not reasonably permit the collection of half
fares, and (4) allow applicants to define the eligibility of
"handicapped persons" for the purposes of preferential fares in
conformity with other Federal laws and regulations governing eligibility
for benefits for disabled persons.
Sec. 309. None of the funds contained in this Act shall remain
available for obligation beyond the current fiscal year unless expressly
so provided herein.
Sec. 310. (a) Notwithstanding any other provision of law, the total
of all obligations for Federal-aid highways and highway safety
construction programs for fiscal year 1982 shall not exceed
$8,000,000,000. This limitation 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 // 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 fiscal year 1982, the Secretary of Transporation 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.
(c) During the period October 1 through December 31, 1981, no State
shall obligate more than 35 per centum of the amount distributed to such
State under subsection (b), 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.
(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 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, 1982, revise a distribution of the funds
made available under subsection (b) if a State will not obligate
the amount distributed during that fiscal year and redistribute
sufficient amounts to those States able to obligate amounts in
addition to those previously distributed during that fiscal year;
and
(3) not distribute amounts authorized for administrative
expenses, forest highways and $15,000,000 for the the
Bismarck-Mandan Bridge, $4,000,000 for the Steubenville-Weirton
Bridge, and necessary funds required during fiscal year 1982 for
the Dickey Road Bridge in East Chicago, Indiana, and the U.S. 12
Bridge over Trail Creek in Michigan City, Indiana.
Sec. 311. None of the funds provided in this Act shall be used by
the Interstate Commerce Commission to approve railroad branchline
abandonments in fiscal year 1982 in any State in excess of 3 per centum
of a State's total mileage of railroad lines operated: Provided, That
this limitation shall not apply to any abandonment of Conrail railroad
lines: Provided further, That exceptions to this limitation shall be
made only upon the specific approval of each of the appropriate
committees of Congress.
Sec. 312. None of the funds provided in this Act shall be available
for the implementation or execution of programs the obligations of which
are in excess of $60,000,000 in fiscal year 1982 for the " Offshore Oil
Pollution Compensation Fund".
Sec. 313. None of the funds appropriated in this Act for the Panama
Canal Commission may be expended unless in conformance with the Panama
Canal Treaties of 1977 and any law implementing those treaties.
Sec. 314. None of the funds provided in this Act may be used for
planning or construction of rail-highway crossings under section 322(a)
of title 23, United States Code, or under section 701(a)(5) or section
703(1)(A) of the Railroad Revitalization and Regulatory Reform Act of
1976 // 45 USC 851, 853. // at the--,
(1) School Street crossing in Groton, Connecticut; and
(2) Broadway Extension crossing in Stonington, Connecticut.
Sec. 315. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
Sec. 316. None of the funds in this Act shall be used to assist,
directly or indirectly, any State in imposing mandatory State inspection
fees or sticker requirements on vehicles which are lawfully registered
in another State, including vehicles engaged in interstate commercial
transportation which are in compliance with Part 396--, Inspection and
Maintenance of the Federal Motor Carrier Safety Regulations of the U.S.
Department of Transportation. // 49 CFR Part 396. //
Sec. 317. Except as otherwise provided under existing law or under
an existing Executive order issued pursuant to an existing law, the
obligation or expenditure of any appropriation under this Act for
contracts for any consulting service shall be limited to contracts which
are (1) a matter of public record and available for public inspection,
and (2) thereafter included in a publicly available list of all
contracts entered into within 24 months prior to the date on which the
list is made available to the public and of all contracts on which
performance has not been completed by such date. The list required by
the preceding sentence shall be updated quarterly and shall include a
narrative description of the work to be performed under each such
contract.
Sec. 318. (a) For fiscal year 1982 and thereafter, a department or
establishment-as defined in section 2 of the Budget and Accounting Act,
1921 // 31 USC 28. // -shall submit annually to the House and Senate
Appropriations Committees, as part of its budget justification, the
estimated amount of funds requested for consulting services; the
appropriation accounts in which such funds are located; and a brief
desription of the need for consulting services, including a list of
major programs that require consulting services.
b) For fiscal year 1982 and thereafter, the Inspector General of such
department or establishment, or comparable official, or if there is no
Inspector General or comparable official, the agency head or the agency
head's designee, shall submit to the Congress along with the budget
justification an evaluation of the agency's progress to institute
effective management controls and improve the accuracy and completeness
of the data provided to the Federal Procurement Data System regarding
consultant service contractual arrangements.
Sec. 319. None of the funds in this Act shall be used to implement,
administer, or enforce any regulation which has been disapproved
pursuant to a resolution of disapproval duly adopted in accordance with
the applicable law of the United States.
Sec. 320. None of the funds provided in this Act shall be available
for the implementation or execution of programs, the obligations for
which are in excess of $50,000,000 in fiscal year 1982 for the "
Deepwater Port liability Funds".
Sec. 321. The weeks of June 13 through July 4, 1982, are designated
as " National Clean-up and Flag-up America's Highways Weeks", and the
President is authorized and requested to issue a proclamation calling
upon the people of the United States to observe this period with
appropriate ceremonies and activities.
Sec. 322. None of the funds provided in the Act to any Department or
Agency shall be obligated or expended to provide a personal cook,
chauffeur, or other personal servants to any officer or employee of such
Department or Agency, excluding those positions from this provision
which serve dual roles pertaining to a security or law enforcement
function.
Sec. 323. Except for security mission automobiles, none of the funds
provided in this Act to any Department or Agency shall be obligated or
expended to procure passenger automobiles as defined in 15 U.S.C. 2001
with an EPA estimated miles per gallon average of less than 22 miles per
gallon.
Sec. 324. None of the funds appropriated by this Act shall be used
to implement, administer, or enforce Order 81 - 5 - 27 of the Civil
Aeronautics Board or any other order of the Civil Aeronautics Board
which prohibits or has the effect of prohibiting any United States air
carrier from participating in the International Air Transport
Association's North Atlantic Traffic Conference under its existing
articles and provisions: Provided, That this limitation may be
terminated by an appropriate resolution adopted by the House Public
Works and Transportation Committee or the Senate Commerce Committee.
Sec. 325. Notwithstanding any other provision of law, the Secretary
shall, with regard to the Urban Discretionary Grant Program of the Urban
Mass Transportation Administration, promptly issue a letter of intent
for the Dade County, Florida, Circulator System for $63,642,666, and, in
addition, shall promptly issue a letter of intent for nonrail projects
in the Portland, Oregon, Metropolitan region for $76,800,000 and also
issue a letter of intent for the Southeast Michigan Central Automated
Transit System for 110 million 1981 dollars.
Sec. 326. (a) The Act entitled " An Act authorizing the State of
Maryland, by and through its State Roads Commission or the successors of
said Commission, to construct, maintain, and operate certain bridges
across streams, rivers, and navigable waters which are wholly or partly
within the State", approved April 7, 1938, and the Act of June 16, 1948
(62 Stat. 463, Public Law 654, 80th Congress), // 52 Stat. 205 // as
amended by the Act of November 17, 1967 (81 Stat. 466, Public Law 144,
90th Congress) are hereby repealed.
(b) The State of Maryland, by and through the Maryland Transportation
Authority or the successors of such Authority, is authorized, subject to
all applicable Federal laws, (1) to continue to collect tolls after the
date of enactment of this Act from its existing transportation
facilities projects, as defined on the date of enactment of this Act in
the laws of the State of Maryland, and (2) to use the revenues from such
tolls for transportation projects of the type which the State or the
Maryland Transportation Authority is authorized to construct, operate,
or maintain under the laws of the State of Maryland as such laws exist
on the date of enactment of this Act.
Sec. 327. (a) Notwithstanding section 16 of the Federal Airport Act
(as in effect on November 25, 1947), // 49 USC 1115 // the Secretary of
Transportation is authorized, subject to the provisions of section 13 of
the Surplus Property Act of 1944 (50 App. U.S.C. 1622(g)), and the
provisions of subsection (b) of this section, to grant release from any
of the terms, conditions, reservations, and restrictions contained in a
deed of conveyance dated November 25, 1947, under which the United
States conveyed certain property to the Greater Rockford Airport
Authority for airport purposes and in deeds of conveyance dated May 28,
1948, and April 21, 1949, under which the United States conveyed certain
property of the city of Liberal, Kansas for airport purposes.
(b) Any release granted by the Secretary of Transportation under
subsection (a) shall be subject to the following conditions:
(1) the Greater Rockford Airport Authority or the city of
Liberal, Kansas, as the case may be, shall agree that in conveying
any interest in the property whcih the United States conveyed
pursuant to the deeds described in subsection (a), the Greater
Rockford Airport Authority or the city of Liberal, Kansas, as the
case may be, will receive an amount which is equal to the fair
market value; and
(2) any such amount so received shall be used for the
development, improvement, operation, or maintenance of a public
airport.
Sec. 328. (a) Notwithstanding section 13(g) of the Surplus Property
Act of 1944 (50 App. U.S.C. 1622(g)) and section 4 of the Act of October
1, 1949 (50 App. U.S.C. 1622(c)), // 50 USC app. 1622c. // the
Secretary of Transportation, if requested, shall, as to the property
described in subsection (f), grant a release to the Parish of East Baton
Rouge, Louisiana, from all of the terms, conditions, reservations, and
restrictions contained in the deed of conveyance dated August 13, 1948,
under which the United States conveyed certain property to the Parish of
East Baton Rouge, louisiana, for airport purposes. This provision does
not apply to the portion of the property, conveyed by that deed, that is
not specified in subsection (f).
(b) In place of the terms, conditions, reservations, and restrictions
released under subsection (a), the following conditions shall apply:
(1) The City of Baton Rouge and Parish of East Baton Rouge,
Louisiana, shall submit all proposals, policies, and plans for
further construction, other development, or changed operating
practices (including, but not limited to, policies affecting the
size and kind of the inmate population), at East Baton Rouge
Parish Prison, to the Secretary for review of airport safety and
security prior to such construction, other development, or changed
operating practices.
(2) The City of Baton Rouge and Parish of East Baton Rouge
Louisiana, shall construct, develop, operate, and maintain the
East Baton Rouge Parish Prison in accordance with proposals,
Secretary with respect to airport safety and security.
(3) The City of Baton Rouge and Parish of East Baton Rouge,
Louisiana, shall construct, develop, operate, and maintain the
East Baton Rouge Parish Prison in compliance with applicable
Federal, State, and local laws.
(4) The City of Baton Rouge and Parish of East Baton Rouge,
Louisiana, shall hold the United States harmless for damage or
injury to persons or property, in flight or on the ground, caused
by any inmate who has escaped from the East Baton Rouge Parish
Prison, or caused by any event occurring at the prison.
(c) Within ninety days after the enactment of this provision, the
City of Baton Rouge and Parish of East Baton Rouge, Louisiana, shall
demonstrate, to the satisfaction of the Secretary, that the current
operating conditions at the East Baton Rouge Parish Prison meet
acceptable levels of airport safety and security.
(d) Any action determined by the Secretary to be necessary to achieve
acceptable levels of airport safety or security at the prison shall be
accomplished by the City of Baton Rouge and Parish of East Baton Rouge,
Louisiana, as soon as practicable. Such determinations are "orders" for
the purpose of judicial review under section 1006 of the Federal
Aviation Act of 1958, as amended (49 U.S.C. 1486).
(e) The opinion of the Secretary concerning the airport safety and
security implications of any current or proposed conditions involving
the prison shall be conclusive as to those matters.
(f) Subsection (a) applies to the following described area:
One certain lot or parcel of ground together with all the
buildings and improvements thereon located in the Parish of East
Baton Rouge, State of Louisiana and shown by reference to the
following two maps:
1. A map entitled " Airport Boundary Maps showing Ryan Airport
Property Owned by the Parish of East Baton Rouge, Louisiana,
Compiled from Official Records and Maps" prepared by the
Department of Public Works in and for the City of Baton Rouge and
the Parish of East Baton Rouge and dated October 13,
1978, and signed by Mr. Charles W. Hair, Jr., Engineer (said map
being hereinafter referred to as Map numbered 1); and
2. A map entitled " Map Showing Boundary and Topographic
Survey of East Baton Rouge Parish Prison Site" dated March 6,
1981, and signed by Mr. Henry K. Schott, Engineer (said map being
hereinafter referred to as Map numbered 2).
Said propery being more particularly described by starting at
point " A" on Map numbered 1; thence proceeding north 00 degrees
27 minutes 37 seconds west a distance of 56.44 feet to a point and
corner; thence proceeding east 90 degrees 00 minutes 00 seconds
east a distance of 60.08 feet to the point of beginning and
corner; thence proceed north 0 degrees 27 minutes 37 seconds west
a distance of 549.61 feet to a point and corner; thence proceed
north 88 degrees 44 minutes 42 seconds east a distance of 185.66
feet to a point and corner; thence proceed north 1 degree 01
minute 51 seconds west a distance of 222.05 feet to a point and
corner; thence proceed north 88 degrees 44 minutes 42 seconds
east a distance of 1,120.20 feet to a point and corner; thence
proceed south 10 degrees 34 minutes 12 seconds west a distance of
816.23 feet to a point and corner; thence proceed south 89
degrees 24 minutes 21 seconds west a distance of 387.66 feet to a
point; thence proceed north 70 degrees 37 minutes 59 seconds west
a distance of 186.66 feet to a point; thence proceed south 86
degrees 36 minutes 21 seconds west a distance of
712.28 feet to the point of beginning; all of said measurments
being more particularly shown on Map numbered 2.
Sec. 329. As used in section 502(a)(1)(B) of the Rail Passenger
Service Act, // 45 USC 582 // the term " Amtrak Commuter" shall mean,
with respect to the period prior to January 1, 1983, " Conrail".
Sec. 401. Notwithstanding any other provision of this Act,
appropriations made available for the projects or activities provided
for in this Act are hereby reduced in the following amounts:
Office of the Secretary, salaries and expenses and transportation
planniing, research, and development, $4,500,000;
Coast Guard, operating expenses, $48,400,000, of which $5,000,000
shall be deducted from the amounts made available for recreational
boating safety; acquisition, construction, and improvements,
$16,000,000; alteration of bridges, $4,000,000; research, development,
test, and evaluation, $4,000,000; offshore oil pollution compensation
fund, $3,000,000; and deepwater port liability fund, $3,000,000;
Federal Aviation Administration, operations, $125,000,000;
facilities, engineering and development, $9,000,000; facilities and
equipment (Airport and Airway Trust Fund), $24,000,000; research,
engineering and development (Airport and Airway Trust Fund),
$16,000,000; and construction, Metropolitan Washington Airports,
$5,000,000;
Federal Highway Administration, highway safety research and
development, $2,000,000; highway beautification, $1,500,000;
territorial highways, $1,000,000; and interstate transfer
grants-highways, $37,000,000;
National Highway Traffic Safety Administration, operations and
research, $7,000,000;
Federal Railroad Administration, office of the administrator,
$500,000; railroad safety, $2,500,000; railroad research and
development, $9,000,000; rail service assistance, $4,000,000, of which
at least $2,000,000 shall be deducted from amounts made available for
the Minority Business Resource Center; Northeast corridor improvement
program, $6,000,000; and redeemable preference shares, $7,000,000;
Urban Mass Transportation Administration, administrative expenses,
$3,000,000; research, development, and demonstrations and university
research and training, $10,000,000; urban discretionary grants,
$29,500,000; nonurban formula grants, $4,000,000; urban formula
grants, $64,750,000; and interstate transfer grants-transit,
$22,000,000;
Research and Special Programs Administration, research and special
programs, $9,000,000, of which $2,500,000 shall be deducted from the
amounts made available for research and development and $750,000 shall
be deducted from amounts made available for grants--, in-aid as
authorized by section 5 of the Natural Gas Pipeline Safety Act of 1968;
// 49 USC 1674. //
Architectural and Transportation Barriers Compliance Board, salaries
and expenses, $100,000;
National Transportation Safety Board, salaries and expenses,
$2,000,000;
Civil Aeronautics Board, salaries and expenses, $1,500,000;
Interstate Commerce Commission, salaries and expenses, $4,000,000;
Department of the Treasury, Office of the Secretary, investment in
fund anticipation notes, ($7,000,000); and
United States Railway Association, administrative expenses,
$4,000,000.
Sec. 402. Notwithstanding any other provison of law or of this Act,
none of the funds provided in this or any other Act shall hereafter be
used by the Interstate Commerce Commission to approve railroad
branchline abandonments in the State of North Dakota by the entity
generally known as the Burlington Northern Railroad, or its agents or
assignees, in excess of a total of 350 miles: Provided, That this
section shall be in lieu of section 311 (amendment numbered 93) as set
forth in the conference report and the joint explanatory statement of
the committee of conference on the Department of Transportation and
Related Agencies Appropriations Act, 1982 (H.R. 4209), filed in the
House of Representatives on November 13, 1981 (H. Rept. No. 97 - 331).
Sec. 403. Notwithstanding any other provision of law or of this Act,
the funds provided for section 18 nonurban formula grants and section 5
urban formula grants in this Act shall be apportioned and allocated
using data from the 1970 decennial census for one-half of the sums
appropriated and the remainder shall be apportioned and allocated on the
basis of data from the 1980 decennial census.
Sec. 404. Notwithstanding any other provision of law or of this Act,
of the fiscal year 1982 Highway Trust Funds available for emergency
relief, $17,000,000 shall be made available for damaged highways or for
the prevention of damage to highways in the area affected by eruptions
of the Mount Saint Helens volcano.
Sec. 405. Notwithstanding any other provision of title 23, United
States Code, or of this Act, the Secretary of Transportation shall
approve, upon the request of the State of Indiana, the construction of
an interchange to appropriate standards at I-94 and County Line Road at
the Porter-La Porte County Line near Michigan City, Indiana, with the
Federal share of such construction to be financed out of funds
apportioned to the State of Indiana under section 104(b)(5)(A) of title
23, United States Code.
Sec. 406. Notwithstanding any other provision of law, or of this
Act, any proposal for deferral of budget authority under section 1013 of
the Impoundment Control Act of 1974 (31 U.S.C. 1403) with respect to
budget authority for expenses related to the Northest Corridor
Improvement Project authorized under title VII of the Railroad
Revitalization and Regulatory Reform Act of 1976 (Public Law 94 - 210),
// 45 USC 85. // Acquisition, construction, and improvements,
Railroad-highway crossings demonstration projects, Grants to the
National Railroad Passenger Corporation, Urban discretionary grants, and
Interstate transfer grants (highway and transit) shall, upon transmittal
to the Congress, be referred to the House and Senate Committees on
Appropriations and any amount of budget authority proposed to be
deferred therein shall be made available for obligation unless, within a
45-day period which begins on the date of transmittal and which is
equivalent to that described in section 1011 (3) and (5) of the
Impoundment Control Act of 1974 (31 U.S.C. 1401 (3) and (5)), the
Congress has completed action on a bill approving all or part of the
proposed deferral.
This Act may be cited as the " Department of Transportation and
Related Agencies Appropriation Act, 1982".
Approved December 23, 1981.
LEGISLATIVE HISTORY-H.R. 4209:
HOUSE REPORTS: No. 97 - 186 (Comm. on Appropriations) and No. 97 -
331 (Comm. of Conference).
SENATE REPORT No. 97 - 253 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 127 (1981):
Sept. 10, considered and passed House.
Nov. 3, considered and passed Senate, amended.
Dec. 14, House and Senate agreed to conference report.
PUBLIC LAW 97-101, 95 STAT. 1417, DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT- INDEPENDENT AGENCIES APPROPRIATION ACT, 1982
Urban Development,
and for sundry independent agencies, boards,
commissions, corporations, and
offices for the fiscal year ending September 30, 1982,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the Department of Housing and Urban Development, and
for sundry independent agencies, boards, commissions, corporations and
offices for the fiscal year ending September 30, 1982, and for other
purposes, namely:
The amount of contracts for annual contributions, not otherwise
provided for, as authorized by section 5 of the United States Housing
Act of 1937, as amended (42 U.S.C. 1437c), and heretofore approved in
annual appropriation Acts, is increased by $916,233,800 of which
$25,112,000 shall be for assistance in financing the development or
acquisition cost of low-income housing for Indian families as authorized
by section 5(c) of the aforementioned Act and of which $75,000,000 shall
be for the modernization of existing low-income housing projects:
Provided, That budget authority obligated under such contracts shall be
increased above amounts heretofore provided in annual appropriation Acts
by $17,939,370,000: Provided further, That of the budget authority
provided herein, $2,354,400,000 shall be allocated for public housing
new construction other than for low--, income housing for Indian
families: Provided further, That any balances of authorities remaining
at the end of fiscal year 1981 shall be added to and merged with the
authority provided herein and made subject only to terms and conditions
of law applicable to authorization becoming abvailable in fiscal year
1982, except that $15,000,000 of contract authority for modernization of
existing low-income housing projects and $300,000,000 of budget
authority which were deferred from obligation in the Supplemental
Appropriations and Rescission Act, 1981, Public Law 97 - 12, shall be
available after September 30, 1981, in accordance with the Department of
Housing and Urban Development-Independent Agencies Appropriations Act,
1981, Public Law 96 - 526. // 94 Stat. 3044. //
The limitation otherwise applicable to the maximum payments that may
be required in any fiscal year by all contracts entered into under
section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C.
1701s), is reduced in fiscal year 1982 by not more than $30,500,000 in
uncommitted balances of authorizations provided for this purpose in
appropriation Acts.
For the payment of annual contributions, not otherwise provided for,
in accordance with section 5 of the United States Housing Act of 1937,
as amended (42 U.S.C. 1437c); for payments authorized by title IV of
the Housing Act of 1950, as amended (12 U.S.C. 1749 et seq.); for rent
supplement payments authorized by section 101 of the Housing and Urban
Development Act of 1965, as amended (12 U.S.C. 1701s); and for payments
as authorized by sections 235 and 236 of the National Housing Act, as
amended (12 U.S.C. 1715z, 1715z-1), $8,759,000,000.
In 1982, $830,848,000 of gross loan commitments may be made under
section 202 of the Housing Act of 1959, as amended (12 U.S.C. 1701q),
utilizing collections and other resources of the fund authorized by
subsection (a)(4) of such section, in accordance with paragraph (C) of
such subsection, and up to $20,000,000 of additional gross 1982 loan
commitments may be made from prior year commitments canceled in 1982:
Provided, That such commitments shall be available only to qualified
nonprofit sponsors for the purpose of providing 100 per centum loans for
the development of housing for the elderly or handicapped, with any cash
equity or other financial commitments imposed as a condition of loan
approval to be returned to the sponsor if sustaining occupancy is
achieved in a reasonable period of time: Provided further, That the
full amount shall be available for permanent financing (including
construction financing) for housing projects for the elderly or
handicapped: Provided further, That the Secretary may borrow from the
Secretary of the Treasury in such amounts as are necessary to provide
the loans authorized herein: Provided further, That, notwithstanding
any other provision of law, the receipts and disbursements of the
aforesaid fund shall be included in the totals of the Budget of the
United States Government.
PROJECTS-FISCAL
YEAR 1981
For an additional amount for " Payments for operation of low--,
income housing projects", $148,000,000, to remain available until
December 31, 1981.
PROJECTS
For payments to public housing agencies for operating subsidies for
low-income housing projects as authorized by section 9 of the United
States Housing Act of 1937, as amended (42 U.S.C. 1437g),
$1,204,600,000.
For assistance payments to owners of eligible multifamily housing
projects insured, or formerly insured, under the National Housing Act,
// 12 USC 1701. // as amended, in the program of operating subsidies
for troubled multifamily housing projects under the Housing and
Community Developent Amendments of 1978, // 42 USC 5301 // $4,000,000,
together with all unobligated balances of excess rental charges and with
any collections after September 30, 1981, to remain available until
September 30, 1983: Provided, That assistance payments to an owner of a
multifamily housing project assisted, but not insured, under the
National Housing Act may be made if the project owner and the mortgagee
have provided or agreed to provide assistance to the project in a manner
as determined by the Secretary of Housing and Urban Development.
For contracts, grants, and other assistance, not otherwise provided
for, for providing counseling and advice to tenants and homeowners--,
both current and prospective-with respect to property maintenance,
financial management, and such other matters as may be appropriate to
assist them in improving their housing conditions and meeting the
responsibilities of tenancy or homeownership, including provisions for
training and for support of voluntary agencies and services as
authorized by section 106(a)(1)(iii) and section 106(a)(2) of the
Housing and Urban Development Act of 1968, // 12 USC 1701x. // as
amended, $5,000,000.
For payment to cover losses, not otherwise provided for, sustained by
the Special Risk Insurance Fund and the General Insurance Fund as
authorized by the National Housing Act, as amended (12 U.S.C. 1715z-3(
b) and 1735c(f)), $222,148,000, to remain available until expended.
During 1982, within the resources available, gross obligations for
direct loans are authorized in such amounts as may be necessary to carry
out the purposes of the National Housing Act, as amended.
During 1982, additional commitments to guarantee loans to carry out
the purposes of the National Housing Act, as amended, shall not exceed
$40,000,000,000.
During 1982, within the resources available, gross obligations for
direct loans are authorized in such amounts as may be necessary to carry
out the purposes of the low-rent public housing loan fund.
During 1982, total commitments to guarantee loans are authorized in
such amounts as may be necessary to carry out the purposes of the
low-rent public housing loan fund.
During 1982, within the resources and authority available, gross
obligations for the principal amounts of direct loans shall not exceed
$2,590,000.
During 1982, within the resources and authority available, gross
obligations for the principal amounts of direct loans made pursuant to
section 305 of the National Housing Act, as amended (12 U.S.C. 1720),
shall not exceed $1,973,000,000, which may be financed with collections
received in 1982, and additional obligations are authorized in such
amounts as are necessary for increases to prior year commitments.
For the payment of such insufficiencies as may be required by the
Government National Mortgage Association, as trustee, on account of
outstanding beneficial interests or participations in assets of the
Department of Housing and Urban Development (including the Government
National Mortgage Association) authorized by the Independent Offices and
Department of Housing and Urban Development Appropriation Act, 1968, //
81 Stat. 341. // to be issued pursuant to section 302(c) of the Federal
National Mortgage Association Charter Act, as amended (12 U.S.C. 1717),
$1,964,000.
During 1982, within the resources and authority available, gross
obligations for the principal amounts of direct loans are authorized in
such amounts as are necessary for increases to prior year commitment
contracts.
During 1982, additional commitments to issue guarantees to carry out
the purposes of section 306 of the National Housing Act, as amended (12
U.S.C. 1721g), // 12 USC 1721. // shall not exceed $68,250,000,000.
For financial assistance and other expenses, not otherwise provided
for, to carry out the provisions of the Solar Energy and Energy
Conservation Bank Act of 1980 (12 U.S.C. 3601), // 42 USC 3601 //
25,000,000, to remain available until September 30, 1983.
For grants to States and units of general local government and for
related expenses, not otherwise provided for, necessary for carrying out
a community development grant program as authorized by title I of the
Housing and Community Development Act of 1974, as amended (42 U.S. C.
5301), $3,666,000,000, to remain available until September 30, 1984:
Provided, That not to exceed 20 per centum of any grant made pursuant to
section 103(a) of title I of the Housing and Community Development Act
of 1974, // 42 USC 5303. // as amended, shall be expended for "
Planning and Management Development" and " Administration as defined in
regulations promulgated by the Department of Housing and Urban
Development.
During 1982, total commitments to guarantee loans, as authorized by
section 108 of the aforementioned Act, // 42 USC 5308. // shall not
exceed $225,000,000 of contingent liability for loan principal.
For grants pursuant to section 103(c) of title I of the Housing and
Community Development Act of 1974, // 42 USC 5303. // as amended (42
U.S.C. 5301), $500,000,000, to remain available until September 30,
1985. Funds heretofore provided in Public Law 95 - 392, Public Law 96 -
103, and Public Law 96 - 526 // 92 Stat. 791, 93 Stat. 771, 94 Stat.
3044. // for grants pursuant to section 103(c) shall remain available
for obligation for one year after the date on which the authority to
obligate such funds would otherwise expire.
During 1982, collections, unexpended balances of prior appropriations
(including any recoveries of prior reservations) and any other amounts
in the revolving fund established pursuant to section 312 of the Housing
Act of 1964, as amended (42 U.S.C. 1452b), after September 30, 1981, are
available for commitments for loans and operating costs and the
capitalization of delinquent interest on delinquent or defaulted loans.
During 1982, within the resources available, obligations for direct
loans and commitments to guarantee loans are authorized in such amounts
as may be necessary in connection with previously approved urban renewal
projects.
For the redemption of new community debentures and related expenses,
authorized by section 713, Housing and Urban Development Act of 1970, as
amended (42 U.S.C. 4514), and section 403, Housing and Urban Development
Act of 1968, as amended (42 U.S.C. 3902), such sums as may be necessary,
to be financed as provided by section 717, Housing and Urban Development
Act of 1970, as amended (42 U.S.C. 4518).
For contracts, grants, and necessary expenses of programs of research
and studies relating to housing and urban problems, not otherwise
provided for, as authorized by title V of the Housing and Urban
Development Act of 1970, as amended (12 U.S.C. 1701z-1 et seq.),
including carrying out the functions of the Secretary under section 1(
a)(1)(i) of Reorganization Plan No. 2 of 1968, // 5 USC app. //
$23,000,000, to remain available until September 30, 1983.
For contracts, grants, and other assistance, not otherwise provided
for, as authorized by title VIII of the Civil Rights Act of 1968, // 42
USC 3601 // as amended, $5,700,000, to remain available until September
30, 1983.
For necessary administrative and nonadministrative expenses of the
Department of Housing and Urban Development, not otherwise provided for,
including not to exceed $3,000 for official reception and representation
expenses, $590,416,000, of which $266,752,000 shall be provided from the
various funds of the Federal Housing Administration.
For additional capital for the fund established pursuant to section
7(f) of the Department of Housing and Urban Development Act of 1965 (79
Stat. 670), // 42 USC 3535. // $600,000.
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, including the acquisition of land or
interest in land in foreign countries; purchases and repair of uniforms
for caretakers of national cemeteries and monuments outside of the
United States and its territories and possessions; rent of office and
garage space in foreign countries; purchase (one for replacement only)
and hire of passenger motor vehicles; and insurance of official motor
vehicles in foreign countries when required by law of such countries;
// 36 USC 121b. // $10,507,000: Provided, That where station allowance
has been authorized by the Department of the Army for officers of the
Army serving the Army at certain foreign stations, the same allowance
shall be authorized for officers of the Armed Forces assigned to the
Commission while serving at the same foreign stations, and this
appropriation is hereby made available for the payment of such
allowance: // 36 USC 122. // Provided further, That when traveling on
business of the Commission, officers of the Armed Forces serving as
members or as secretary of the Commission may be reimbursed for expenses
as provided for civilian members of the Commission: Provided further,
// 36 USC 122a. // That the Commission shall reimburse other Government
agencies, including the Armed Forces, for salary, pay, and allowances of
personnel assigned to it.
For necessary expenses of the Consumer Product Safety Commission,
including rent in the District of Columbia, hire of passenger motor
vehicles, services as authorized by 5 U.S.C. 3109, but at rates for
individuals not to exceed the per diem rate equivalent to the rate for
GS-18, and not to exceed $500 for official reception and representation
expenses, $32,983,000: Provided, That funds provided by this
appropriation for laboratories shall be available only for the
acquisition or conversion of existing laboratories.
For necessary expenses, as authorized by law, for maintenance,
operation, and improvement of Arlington National Cemetery and Soldiers'
Home National Cemetery, including the purchase of two passenger motor
vehicles for replacement only, $5,086,000, to remain available until
expended: Provided, That reimbursement shall be made to the applicable
military appropriation for the pay and allowances of any military
personnel performing services primarily for the purposes of this
appropriation.
For necessary expenses, not otherwise provided for, including hire of
passenger motor vehicles; hire, maintenance, and operation of aircraft;
uniforms, or allowances therefor, as authorized by 5 U.S.C. 5901 -
5902; services as authorized by 5 U.S.C. 3109, but at rates for
individuals not to exceed the per diem rate equivalent to the rate for
GS-18; purchase of reprints; library memberships in societies or
associations which issue publications to members only or at a price to
members lower than to subscribers who are not members; and not to
exceed $3,000 for official reception and representation expenses;
$583,747,000: Provided, That none of these funds may be expended for
purposes of Resource Conservation and Recovery Panels established under
section 2003 of the Resource Conservation and Recovery Act, as amended
(42 U.S.C. 6913).
For research and development activities, $181,250,700, to remain
available until September 30, 1983.
For abatement, control and compliance activities, $421,840,500, to
remain available until September 30, 1983: Provided, That none of these
funds may be expended for purposes of Resource Conservation and Recovery
Panels established under section 2003 of the Resource Conservation and
Recovery Act, as amended (42 U.S.C. 6913) or for support to State,
regional, local and interstate agencies in accordance with subtitle D of
the Solid Waste Disposal Act, as amended, other than section 4008(a)(2)
or 4009. // 42 USC 6941, 6948, 6949. //
For construction, repair, improvement, extension, alteration, and
purchase of fixed equipment of facilities of or used by the
Environmental Protection Agency, $4,115,000, to remain available until
expended.
FUND
For payment to the Hazardous Substance Response Trust Fund as
authorized by Public Law 96 - 510, // 42 USC 9601 // $28,000,000.
For necessary expenses to carry out the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, including sections
111 (c)(3), (c)(5), (c)(6), and (e)(4), // 42 USC 9611. //
$200,000,000, to be derived from the Hazardous Substance Response Trust
Fund, to remain available until expended: Provided, That not to exceed
$41,640,000 shall be available for administrative expenses. Funds
appropriated under this account may be allocated to other Federal
agencies in accordance with section 111(a) of Public Law 96 - 510.
For liquidation of obligations incurred pursuant to authority
contained in section 203 of the Federal Water Pollution Control Act, //
33 USC 1283. // as amended, $1,000,000,000, to remain available until
expended.
ENVIRONMENTAL
QUALITY
For necessary expenses of the Council on Environmental Quality and
the Office of Environmental Quality, in carrying out their functions
under the National Environmental Policy Act of 1969 (Public Law 91 -
190), // 42 USC 4321 // the Environmental Quality Improvement Act of
1970 (Public Law 91 - 224), and Reorganization Plan No. 1 of 1977, // 42
USC 4371, 5 USC app. // including not to exceed $500 for official
reception and representation expenses, and hire of passenger motor
vehicles, $1,044,000.
For necessary expenses of the Office of Science and Technology
Policy, in carrying out the purposes of the National Science and
Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C.
6601 and 6671), hire of passenger motor vehicles, services as authorized
by 5 U.S.C. 3109, not to exceed $1,500 for official reception and
representation expenses, and rental of conference rooms in the District
of Columbia, $1,793,000.
For necessary expenses in carrying out the functions of the Disaster
Relief Act of 1970, // 42 USC 4401 // as amended (42 U.S.C. 4401), and
the Disaster Relief Act of 1974, as amended (42 U.S.C. 5121 et seq.),
$369,000,000, to remain available until expended.
For necessary expenses, not otherwise provided for, including hire of
passenger motor vehicles; uniforms, or allowances therefor, as
authorized by 5 U.S.C. 5901 - 5902; services as authorized by 5 U.S.C.
3109, but at rates for individuals not to exceed the per diem rate
equivalent to the rate for GS-18; expenses of attendance of cooperating
officials and individuals at meetings concerned with the work of
emergency preparedness; transportation in connection with the
continuity of government program to the same extent and in the same
manner as permitted the Secretary of a Military Department under 10 U.
S.C. 2632; and not to exceed $500 for official reception and
representation expenses; $83,369,000.
For necessary expenses, not otherwise provided for, to carry out
activities under the Federal Civil Defense Act of 1950, as amended (50
U.S.C. App. 2251 et seq.), the National Flood Insurance Act of 1968, as
amended, and the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001
et seq.), $134,789,000.
For necessary expenses, not otherwise provided for, to carry out
activities under the National Flood Insurance Act of 1968, as amended,
and the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 et seq.),
the Urban Property Protection and Reinsurance Act of 1968, // 12 USC
1701 // as amended, and the National Insurance Development Act of 1975
(12 U.S.C. 1749bbb et seq.), the Disaster Relief Act of 1974 (42 U.S.C.
5121 et seq.), the Earthquake Hazards Reduction Act of 1977 (42 U.S.C.
7701 et seq.), the Federal Fire Prevention and Control Act of 1974, as
amended (15 U.S.C. 278f and 2201 et seq.), the National Science and
Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C.
6601 and 6671), the Strategic and Critical Materials Stock Piling Act
(50 U.S.C. 98 et seq.), the Federal Civil Defense Act of 1950, as
amended (50 U.S.C. App. 2251 et seq.), the Defense Production Act of
1950, as amended (50 U.S.C. App. 2061 et seq.), section 103 of the
National Security Act (50 U.S.C. 404), and Reorganization Plan No. 3 of
1978, // 5 USC app. // $65,456,000.
For repayment under notes dated April 17, 1979, and September 28,
1979, issued by the Director of the Federal Emergency Management Agency
to the Secretary of the Treasury pursuant to section 15(e) of the
Federal Flood Insurance Act of 1956, as amended (42 U.S.C. 2414(e)),
$373,000,000. Operating expenses of the National Flood Insurance
program shall not exceed $34,927,000 in fiscal year 1982 without the
approval of the Committes on Appropriations.
For necessary expenses of the Consumer Information Center, including
services authorized by 5 U.S.C. 3109, $1,344,000.
For necessary expenses of the Office of Consumer Affairs, including
services authorized by 5 U.S.C. 3109, $2,000,000.
For necessary expenses, not otherwise provided for, including
research, development, operations, services, minor construction,
maintenance, repair, rehabilitation and modification of real and
personal property; tracking and data relay satellite services as
authorized by law; purchase, hire, maintenance, and operation of other
than administrative aircraft, necessary for the conduct and support of
aeronautical and space research and development activities of the
National Aeronautics and Space Administration; and including not to
exceed (1) $75,000,000 for Space Transportation Systems Upper Stages,
(2) $40,000,000 for Space Transportation Systems Operations-Upper
Stages, (3) $119,500,000 for the Space Telescope, (4) $10,000,000 for
Venus Orbiting Imaging Radar, (5) $8,000,000 for the Gamma Ray
Observatory, (6) $108,000,000 for Project Galileo, (7) $83,900,000 for
Landsat D, (8) $2,194,000,000 for the Space Shuttle, and (9)
$110,700,000 for Spacelab, without the approval of the Committees on
Appropriations, $4,973,100,000, to remain available until September 30,
1983: Provided, That none of these funds shall be used to support the
definition and development of techniques to analyze extraterrestrial
radio signals for patterns that may be generated by intelligent sources.
For construction, repair, rehabilitation and modification of
facilities, minor construction of new facilities and additions to
existing facilities, and for facility planning and design not otherwise
provided, for the National Aeronautics and Space Administration, and for
the acquisition or condemnation of real property, as authorized by law,
$99,800,000, to remain available until September 30, 1984: Provided,
That, notwithstanding the limitation on the availability of funds
appropriated under this head by this appropriation Act, when any
activity has been initiated by the incurrence of obligations therefor,
the amount available for such activity shall remain available until
expended, except that this provision shall not apply to the amounts
appropriated pursuant to the authorization for repair, rehabilitation
and modification of facilities, minor construction of new facilities and
additions to existing facilities, and facility planning and design.
For necessary expenses of research in government laboratories,
management of programs and other activities of the National Aeronautics
and Space Administration, not otherwise provided for, including uniforms
or allowances therefor, as authorized by law (5 U.S.C. 5901 - 5902);
awards; purchase (for replacement only, of one aircraft, for which
partial payment may be made by exchange of at least one existing
administrative aircraft and such other existing aircraft as may be
considered appropriate), hire, maintenance and operation of
administrative aircraft; purchase (not to exceed twenty-four for
replacement only) and hire of passenger motor vehicles; and maintenance
and repair of real and personal property, and not in excess of $75,000
per project for construction of new facilities and additions to existing
facilities, repairs, and rehabilitation and modification of facilities;
$1,114,300,000: Provided, That contracts may be entered into under this
appropriation for maintenance and operation of facilities, and for other
services, to be provided during the next fiscal year: Provided further,
That not to exceed $25,000 of the foregoing amount shall be available
for scientific consultations or extraordinary expense, to be expended
upon the approval or authority of the Administrator and his
determination shall be final and conclusive.
For advances by the Office of Self-Help Development and Technical
Assistance as authorized by section 202 of the National Consumer
Cooperative Bank Act (12 U.S.C. 3042), $5,000,000, to remain available
until September 30, 1983.
During 1982, within the resources and authority available, gross
obligations for the amount of direct loans shall not exceed $14,000,000.
During 1982, within the resources available, the principal amount of
direct loans outstanding shall not exceed $260,000,000.
For emergency lending to the Central Liquidity Facility by the
Secretary of the Treasury in the event of insufficient funds to meet
liquidity needs of credit unions as authorized by the National Credit
Union Central Liquidity Facility Act (12 U.S.C. 1795), $100,000,000, to
remain available until expended: Provided, That the amount which may be
borrowed, from the public or any other source except the Secretary of
the Treasury, by the Central Liquidity Facility shall not exceed
$600,000,000: Provided further, That administrative expenses of the
Central Liquidity Facility in fiscal year 1982 shall not exceed
$1,641,000.
During 1982, within the resources and authority available, gross
obligations for the principal amount of direct loans shall not exceed
$4,400,000,000.
For payment to the National Institute of Building Sciences as
authorized by section 809 of the Housing and Community Development Act
of 1974, as amended (12 U.S.C. 1701j-2), $1,500,000.
For necessary expenses in carrying out the purposes of the National
Science Foundation Act of 1950, as amended (42 U.S.C. 1861 - 1875),
title IX of the National Defense Education Act of 1958 (42 U.S.C. 1876 -
1879), and the Act to establish a National Medal of Science (42 U.S. C.
1880 - 1881); services as authorized by 5 U.S.C. 3109; lease of one
aircraft with option to purchase; maintenance and operation of aircraft
and purchase of flight services for research support; hire of passenger
motor vehicles; not to exceed $2,500 for official reception and
representation expenses; not to exceed $63,200,000 for program
development and management; uniforms or allowances therefor, as
authorized by law (5 U.S.C. 5901 - 5902); rental of conference rooms in
the District of Columbia; and reimbursement of the General Services
Administration for security guard services; $1,040,000,000, to remain
available until September 30, 1983: Provided, That receipts for
scientific support services and materials furnished by the National
Research Centers and other National Science Foundation supported
research facilities may be credited to this appropriation: Provided
further, That to the extent that the amount appropriated is less than
the total amount authorized to be appropriated for included program
activities, all amounts, including floors and ceilings, specified in the
authorizing Act for those program activities or their subactivities
shall be reduced proportionally: Provided further, That not more than
$184,600,000 shall be available for biological behavioral, and social
sciences.
For necessary expenses in carrying out science education programs and
activities pursuant to the purposes of the National Science Foundation
Act of 1950, as amended (42 U.S.C. 1861 - 1875), including award of
graduate fellowships, services as authorized by 5 U.S.C. 3109, and
rental of conference rooms in the District of Columbia, $27,450,000:
Provided, That to the extent that the amount of this appropriation is
less than the total amount authorized to be appropriated for included
program activities, all amounts, including floors and ceilings,
specified in the authorizing Act for those program activities or their
subactivities shall be reduced proportionally.
CURRENCY
PROGRAM)
For payments in foreign currencies which the Treasury Department
determines to be excess to the normal requirements of the United States,
for scientific activities, as authorized by law, $3,500,000, to remain
available until September 30, 1983: Provided, That this appropriation
shall be available in addition to other appropriations to the National
Science Foundation, for payments in the foregoing currencies.
For payment to the Neighborhood Reinvestment Corporation for use in
neighborhood reinvestment activities, as authorized by the Neighborhood
Reinvestment Corporation Act (42 U.S.C. 8101 - 8107), $14,450,000.
For necessary expenses of the Selective Service System, including
expenses of attendance at meetings and of training for uniformed
personnel assigned to the Selective Service System, as authorized by law
(5 U.S.C. 4101 - 4118) for civilian employees; and not to exceed $500
for official reception and representation expenses; $20,000,000:
Provided, That during the current fiscal year, the President may exempt
this appropriation from the provisions of subsection (c) of section 3679
of the Revised Statutes, // 31 USC 665. // as amended, whenever he
deems such action to be necessary in the interest of national defense:
Provided further, That if continuous registration is suspended,
obligations for each succeeding month in the fiscal year shall not
exceed $1,000,000 per month: Provided further, That none of the funds
appropriated by this Act may be expended for or in connection with the
induction of any person into the Armed Forces of the United States.
ASSISTANCE
TRUST FUND
For payments to the State and Local Government Fiscal Assistance
Trust Fund, as authorized by the State and Local Fiscal Assistance Act
of 1972, as amended (31 U.S.C. 1221 - 1263), $4,566,700,000.
For necessary expenses of the Office of Revenue Sharing, including
hire of passenger motor vehicles, $6,986,000.
For necessary administrative expenses as authorized by the New York
City Loan Guarantee Act of 1978 (Public Law 95 - 415), // 31 USC 1521 //
$934,000.
Total commitments issued during 1982 to guarantee principal and
interest on loans shall not exceed $755,898,000 of contingent liability
for loan principal.
For the purchase of class A stock issued by the National Consumer
Cooperative Bank as authorized by section 104 of the National Consumer
Cooperative Bank Act (12 U.S.C. 3014), $47,000,000, to remain available
until September 30, 1983.
For the payment of compensation, pensions, gratuities, and
allowances, including burial awards, plot allowances, burial flags,
headstones and grave markers, emergency and other officers' retirement
pay, adjusted-service credits and certificates, and other benefits as
authorized by law; and for payment of premiums due on commercial life
insurance policies guaranteed under the provisions of article IV of the
Soldiers' and Sailors' Civil Relief Act of 1940, // 50 USC app. 540. //
as amended, $12,881,600,000, to remain available until expended.
For the payment of readjustment and rehabilitation benefits to or on
behalf of veterans as authorized by law (38 U.S.C. chapters 21, 31, 32,
34 - 36, 39, 51, 53, 55, and 61), // 38 USC 801, 1501, 1601, 1651 -
1770, 1901, 3001, 3101, 3201, 3501. // $1,658,000,000, to remain
available until expended: Provided, That this appropriation is hereby
reduced by $19,700,000 through the elimination of payments for flight
and correspondence training benefits, except for those persons enrolled
in flight training on August 31, 1981, and correspondence training on
September 30, 1981, and who remain continuously thereafter so enrolled
and meet the applicable requirements of eligibility.
For military and naval insurance, national service life insurance,
servicemen's indemnities, and service-disabled veterans insurance, as
authorized by law (38 U.S.C. chapter 19; 70 Stat. 887; 72 Stat. 487),
// 38 USC 701 // $8,500,000, to remain available until expended.
During 1982, within the resources available, gross obligations for
direct loans are authorized in such amounts as may be necessary to carry
out the purposes of the " Veterans insurance and indemnities fund".
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, and domiciliary facilities; for furnishing,
as authorized by law, inpatient and outpatient care and treatment to
beneficiaries of the Veterans Administration, including care and
treatment in facilities not under the jurisdiction of the Veterans
Administration, and furnishing recreational facilities, supplies and
equipment; funeral, burial and other expenses incidental thereto for
beneficiaries receiving care in Veterans Administration facilities;
repairing, altering, improving or providing facilities in the several
hospitals and homes under the jurisdiction of the Veterans
Administration, not otherwise provided for, either by contract or by the
hire of temporary employees and purchase of materials; uniforms or
allowances therefor, as authorized by law (5 U.S.C. 5901 - 5902); and
aid to State homes as authorized by law (38 U.S.C. 641);
$6,966,418,000, plus reimbursements.
For necessary expenses in carrying out programs of medical and
prosthetic research and development, as authorized by law, to remain
available until September 30, 1983, $150,699,000, plus reimbursements.
EXPENSES
For necessary expenses in the administration of the medical,
hospital, domiciliary, construction and supply, research, employee
education and training activities, as authorized by law, and for
carrying out the provisions of section 5055, title 38, United States
Code, relating to pilot programs and grants for exchange of medical
information, $62,400,000, plus reimbursements.
For necessary operating expenses of the Veterans Administration, not
otherwise provided for, including uniforms or allowances therefor, as
authorized by law; not to exceed $3,000 for official reception and
representation expenses; cemeterial expenses as authorized by law;
purchase of six passenger motor vehicles, for use in cemeterial
operations, and hire of passenger motor vehicles; and reimbursement of
the General Services Administration for security guard services, and the
Department of Defense for the cost of overseas employee mail;
$659,512,000.
For constructing, altering, extending and improving any of the
facilities under the jurisdiction or for the use of the Veterans
Administration, or for any of the purposes set forth in sections 1004,
1006, 5002, 5003, 5006, 5008, 5009, and 5010 of title 38, United States
Code, including planning, architectural and engineering services, and
site acquisition, where the estimated cost of a project is $2,000,000 or
more or where funds for a project were made available in a previous
major project appropriation, $434,603,000, to remain available until
expended: Provided, That, except for advance planning of projects
funded through the Advance Planning Fund, none of these funds shall be
used for any project which has not been considered and approved by the
Congress in the budgetary process.
The Congress disapproves $35,961,000 of the proposed deferral D81 -
98 relating to the Veterans Administration, Construction, major
projects, as set forth in the message of March 10, 1981, which was
transmitted to the Congress by the President. This disapproval shall be
effective upon the enactment into law of this bill and the amount of the
proposed deferral disapproved herein shall be made available for
obligation.
For constructing, altering, extending, and improving any of the
facilities under the jurisdiction or for the use of the Veterans
Administration, including planning, architectural and engineering
services, and site acquisition, or for any of the purposes set forth in
sections 1004, 1006, 5002, 5003, 5006, 5008, 5009, and 5010 of title 38,
United States Code, where the estimated cost of a project is less than
$2,000,000, $110,000,000, to remain available until expended, along with
unobligated balances of previous Construction, minor projects
appropriations which are hereby made available for any project where the
estimated cost is less than $2,000,000: Provided, That not more than
$30,279,000 shall be available for expenses of the Office of
Construction.
FACILITIES
For grants to assist the several States to construct State nursing
home and domiciliary facilities and to remodel, modify or alter existing
hospital, nursing home and domiciliary facilities in State homes, for
furnishing care to veterans, as authorized by law (38 U.S.C. 5031 -
5037), $18,000,000, to remain available until September 30, 1984.
During 1982, the Loan guaranty revolving fund shall be available for
expenses for property acquisitions, payment of participation sales
insufficiencies, and other loan guaranty and insurance operations, as
authorized by law (38 U.S.C. chapter 37, // 38 USC 1801 // except
administrative expenses, as authorized by section 1824 of such title):
// 38 USC 1824. // Provided, That the unobligated balances including
retained earnings of the Direct loan revolving fund shall be available,
during 1982, for transfer to the Loan guaranty revolving fund in such
amounts as may be necessary to provide for the timely payment of
obligations of such fund and the Administrator of Veterans Affairs shall
not be required to pay interest on amounts so transferred after the time
of such transfer.
During 1982, within the resources available, gross obligations for
direct loans and total commitments to guarantee loans are authorized in
such amounts as may be necessary to carry out the purposes of the " Loan
guaranty revolving fund".
During 1982, within the resources available, gross obligations for
direct loans are authorized only for specially adapted housing loans and
obligations for such loans shall not exceed $1,000,000 (38 U.S.C.
chapter 37).
During 1982, within the resources available, gross obligations for
direct loans are authorized in such amounts as may be necessary to carry
out the purposes of the " Service-disabled veterans insurance fund" (38
U.S.C. chapter 19). // 38 USC 701 //
During 1982, within the resources available, gross obligations for
direct loans are authorized in such amounts as may be necessary to carry
out the purposes of the " Veterans reopened insurance fund" (38 U.S.C.
chapter 19).
During 1982, within the resources available, gross obligations for
direct loans are authorized in such amounts as may be necessary to carry
out the purposes of the " Education loan fund" (38 U.S.C. chapters 32,
34, 35 and 36). // 38 USC 1601, 1651, 1700, 1770. //
During 1982, within the resources available, gross obligations for
direct loans are authorized in such amounts as may be necessary to carry
out the purposes of the " Vocational rehabilitation revolving fund" (38
U.S.C. chapter 31). // 38 USC 1501 //
During 1982, within the resources available, gross obligations for
direct loans are authorized in such amounts as may be necessary to carry
out the purposes of the " National service life insurance fund" (38
U.S.C. chapter 19). // 38 USC 701 //
During 1982, within the resources available, gross obligations for
direct loans are authorized in such amounts as may be necessary to carry
out the purposes of the " United States Government life insurance fund"
(38 U.S.C. chapter 19).
During 1982, within the resources available, gross obligations for
direct loans are authorized in such amounts as may be necessary to carry
out the purposes of the " Veterans special life insurance fund" (38
U.S.C. chapter 19).
Not to exceed 5 per centum of any appropriation for 1982 for "
Compensation and pensions", " Readjustment benefits", and " Veterans
insurance and indemnities" may be transferred to any other of the
mentioned appropriations, but not to exceed 10 per centum of the
appropriations so augmented.
Appropriations available to the Veterans Administration for 1982 for
salaries and expenses shall be available for services as authorized by 5
U.S.C. 3109.
No part of the appropriations in this Act for the Veterans
Administration (except the appropriations for " Construction, major
projects" and " Construction, minor projects") shall be available for
the purchase of any site for or toward the construction of any new
hospital or home.
No part of the foregoing appropriations shall be available for
hospitalization or examination of any persons except beneficiaries
entitled under the laws bestowing such benefits to veterans, unless
reimbursement of cost is made to the appropriation at such rates as may
be fixed by the Administrator of Veterans Affairs.
Corporations and agencies of the Department of Housing and Urban
Development and the Federal Home Loan Bank Board which are subject to
the Government Corporation Control Act, // 31 USC 841 // as amended, are
hereby authorized to make such expenditures, within the limits of funds
and borrowing authority available to each such corporation or agency and
in accord with law, and to make such contracts and commitments without
regard to fiscal year limitations as provided by section 104 of the Act
// 31 USC 849. // as may be necessary in carrying out the programs set
forth in the budget for 1982 for such corporation or agency except as
hereinafter provided: Provided, That collections of these corporations
and agencies may be used for new loan or mortgage purchase commitments
only to the extent expressly provided for in this Act (unless such loans
are in support of other forms of assistance provided for in this or
prior appropriation Acts), except that this proviso shall not apply to
the mortgage insurance or guaranty operations of these corporations, or
where loans or mortgage purchases are necessary to protect the financial
interest of the United States Government.
EXPENSES,
FEDERAL HOME LOAN BANK BOARD
Not to exceed a total of $59,860,000 shall be available for expenses
of the Federal Home Loan Bank Board, which amount shall include
nonadministrative expenses for the examination and supervision of
Federal and State-chartered institutions in an amount not to exceed
$37,540,000, including $500,000 which shall be available only for
purposes of training State examiners, and administrative expenses in an
amount not to exceed $22,320,000, and said total amount shall be
available for procurement of services as authorized by 5 U.S.C. 3109,
and contracts for such services with one organization may be renewed
annually, and uniforms or allowances therefor in accordance with law (5
U.S.C. 5901 - 5902), and said amount shall be derived from funds
available to the Federal Home Loan Bank Board, including those in the
Federal Home Loan Bank Board revolving fund and receipts of the Board
for the current fiscal year and prior fiscal years, and the Board may
utilize and may make payment for services and facilities of the Federal
home loan banks, the Federal Reserve Banks, the Federal Savings and Loan
Insurance Corporation, the Federal Home Loan Mortgage Corporation, and
other agencies of the Government (including payment for office space):
Provided, That expenses for special examinations of Federal and
State-chartered institutions determined by the Board to be necessary,
all necessary expenses in connection with the conservatorship or
liquidation of institutions insured by the Federal Savings and Loan
Insurance Corporation, liquidation or handling of assets of or derived
from such insured institutions, payment of insurance, and action for or
toward the avoidance, termination, or minimizing of losses in the case
of such insured institutions, or activities relating to section 5 A(f)
or 6(i) of the Federal Home Loan Bank Act, // 12 USC 1425a, 1426. //
section 5(d) of the Home Owners' Loan Act of 1933, // 12 USC 1464, 15
USC 78l. // section 12(i) of the Securities Exchange Act of 1934, or
section 406(c), 407, or 408 of the National Housing Act // 12 USC 1729 -
1730a. // and all necessary expenses (including services performed on a
contract or fee basis, but not including other personal services) in
connection with the handling, including the purchase, sale, and
exchange, of securities on behalf of Federal home loan banks, and the
sale, issuance, and retirement of, or payment of interest on, debentures
or bonds, under the Federal Home Loan Bank Act, // 12 USC 1421. // as
amended, shall be excluded from the above limitations: // 12 USC 1428a
// Provided further, That members and alternates of the Federal Savings
and Loan Advisory Council shall be entitled to reimbursement from the
Board as approved by the Board for transportation expenses incurred in
attendance at meetings of or concerned with the work of such Council and
may be paid in lieu of subsistence per diem not to exceed the dollar
amount set forth in 5 U. S.C. 5703: Provided further, That not to
exceed $1,500 shall be available for official reception and
representation expenses: Provided further, That, notwithstanding any
other provisions of this Act, except for the limitation in amount
hereinbefore specified, the expenses and other obligations of the Board
shall be incurred, allowed, and paid in accordance with the provisions
of the Federal Home Loan Bank Act of July 22, 1932, as amended (12
U.S.C. 1421 - 1449).
SAVINGS AND
LOAN INSURANCE CORPORATION
Not to exceed $1,030,000 shall be available for administrative
expenses, which shall be on an accrual basis and shall be exclusive of
interest paid, depreciation, properly capitalized expenditures, expenses
in connection with liquidation of insured institutions or activities
relating to section 406(c), 407, or 408 of the National Housing Act, //
12 USC 1729 - 1730a. // liquidation or handling of assets of or derived
from insured institutions, payment of insurance, and action for or
toward the avoidance, termination, or minimizing of losses in the case
of insured institutions, legal fees and expenses and payments for
expenses of the Federal Home Loan Bank Board determined by said Board to
be properly allocable to said Corporation, and said Corporation may
utilize and may make payments for services and facilities of the Federal
home loan banks, the Federal Reserve Banks, the Federal Home Loan Bank
Board, the Federal Home Loan Mortgage Corporation, and other agencies of
the Government: Provided, That, notwithstanding any other provisions of
this Act, except for the limitation in amount hereinbefore specified,
the administrative expenses and other obligations of said Corporation
shall be incurred, allowed, and paid in accordance with title IV of the
Act of June 27, 1934, as amended (12 U.S.C. 1724 - 1730f).
During 1982, within the resources available, gross obligations for
direct loans are authorized in such amounts as may be necessary to carry
out the purpose of 12 U.S.C. 7129(f).
Sec. 401. Where appropriations in titles I and II of this Act are
expendable for travel expenses and no specific limitation has been
placed thereon, the expenditures for such travel expenses may not exceed
the amounts set forth therefor in the budget estimates submitted for the
appropriations: Provided, That this section shall not apply to travel
performed by uncompensated officials of local boards and appeal boards
of the Selective Service System; to travel performed directly in
connection with care and treatment of medical beneficiaries of the
Veterans Administration; to travel performed in connection with major
disasters or emergencies declared or determined by the President under
the provisions of the Disaster Relief Act of 1974; // 42 USC 5121 // or
to payments to interagency motor pools where separately set forth in the
budget schedules.
Sec. 402. Appropriations and funds available for the administrative
expenses of the Department of Housing and Urban Development and the
Selective Service System shall be available in the current fiscal year
for purchase of uniforms, or allowances therefor, as authorized by law
(5 U.S.C. 5901 - 5902); hire of passenger motor vehicles; and services
as authorized by 5 U.S.C. 3109.
Sec. 403. Funds of the Department of Housing and Urban Development
subject to the Government Corporation Control Act // 31 USC 841 // or
section 402 of the Housing Act of 1950 // 12 USC 1749a. // shall be
available, without regard to the limitations on administrative expenses,
for legal services on a contract or fee basis, and for utilizing and
making payment for services and facilities of Federal National Mortgage
Association, Government National Mortgage Association, Federal Home Loan
Mortgage Corporation, Federal Financing Bank, Federal Reserve banks or
any member thereof, Federal home loan banks, and any insured bank within
the meaning of the Federal Deposit Insurance Corporation Act, as amended
(12 U.S.C. 1811 - 1831).
Sec. 404. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 405. No funds appropriated by this Act may be expended--,
(1) pursuant to a certification of an officer or employee of
the United States unless--,
a
voucher or abstract which describes the payee or payees
and
the items or services for which such expenditure is
being
made, or
certification,
and without such a voucher or abstract, is specifically
authorized by law; and
(2) unless such expenditure is subject to audit by the General
Accounting Office or is specifically exempt by law from such an
audit.
Sec. 406. None of the funds provided in this Act to any department
or agency may be expended for the transportation of any officer or
employee of such department or agency between his domicile and his place
of employment, with the exception of the Secretary of the Department of
Housing and Urban Development, who, under title 5, United States Code,
section 101, is exempted from such limitations.
Sec. 407. None of the funds provided in this Act may be used for
payment, through grants or contracts, to recipients that do not share in
the cost of conducting research resulting from proposals not
specifically solicited by the Government: Provided, That the extent of
cost sharing by the recipient shall reflect the mutuality of interest of
the grantee or contractor and the Government in the research.
Sec. 408. None of the funds provided in this Act may be used,
directly or through grants, to pay or to provide reimbursement for
payment of the salary of a consultant (whether retained by the Federal
Government or a grantee) at more than the daily equivalent of the
maximum rate paid for GS-18, // 5 USC 5332 // unless specifically
authorized by law.
Sec. 409. No part of any appropriation contained in this Act for
personnel compensation and benefits shall be available for other object
classifications set forth in the budget estimates submitted for the
appropriations without the approval of the Committees on Appropriations.
Sec. 410. None of the funds in this Act shall be used to pay the
expenses of, or otherwise compensate, non-Federal parties intervening in
regulatory or adjudicatory proceedings. Nothing herein affects the
authority of the Consumer Product Safety Commission pursuant to section
7 of the Consumer Product Safety Act (15 U.S.C. 2056 et seq.).
Sec. 411. Except as otherwise provided under existing law or under
an existing Executive order issued pursuant to an existing law, the
obligation or expenditure of any appropriation under this Act for
contracts for any consulting service shall be limited to contracts which
are (1) a matter of public record and available for public inspection,
and (2) thereafter included in a publicly available list of all
contracts entered into within twenty-four months prior to the date on
which the list is made available to the public and of all contracts on
which performance has not been completed by such date. The list
required by the preceding sentence shall be updated quarterly and shall
include a narrative description of the work to be performed under each
such contract.
Sec. 412. Except as otherwise provided by law, no part of any
appropriation contained in this Act shall be obligated or expended by
any executive agency, as referred to in the Office of Federal
Procurement Policy Act (41 U.S.C. 401 et seq.) for a contract for
services unless such executive agency (1) has awarded and entered into
such contract in full compliance with such Act and the regulations
promulgated thereunder and (2) requires any report prepared pursuant to
such contract, including plans, evaluations, studies, analyses and
manuals, and any report prepared by the agency which is substantially
derived from or substantially includes any report prepared pursuant to
such contract, to contain information concerning (A) the contract
pursuant to which the report was prepared and (B) the contractor who
prepared the report pursuant to such contract.
Sec. 413. No part of any appropriation contained in this Act shall
be available to implement, administer, or enforce any regulation which
has been disapproved pursuant to a resolution of disapproval duly
adopted in accordance with the applicable law of the United States.
Sec. 414. Except as otherwise provided in section 406, none of the
funds provided in this Act to any department or agency shall be
obligated or expended to provide a personal cook, chauffeur, or other
personal servants to any officer or employee of such department or
agency.
Sec. 415. None of the funds provided in this Act to any department
or agency shall be obligated or expended to procure passenger
automobiles as defined in 15 U.S.C. 2001 with EPA estimated miles per
gallon average of less than 22 miles per gallon.
Sec. 501. Notwithstanding any other provision of this Act--,
(1) The amount of the increase in contract authority under the
heading " Housing Programs, annual contributions for assisted
housing", shall be $897,177,848, and the amount of the increase in
budget authority under such heading shall be $17,373,528,040.
(2) The amount appropriated under the heading " Housing
Programs, housing counseling assistance", shall be $3,520,000.
(3) The amount appropriated under the heading " Solar Energy
and Energy Conservation Bank, assistance for solar and
conservation improvements", shall be $23,000,000.
(4) The amount appropriated under the heading " Community
Planning and Development, community development grants", shall be
$3,600,000,000.
(5) The amount appropriated under the heading " Community
Planning and Development, urban development action grants", shall
be $458,000,000.
(6) The amount appropriated under the heading " Policy
Development and Research, research and technology", shall be
$20,000,000.
(7) The amount appropriated under the heading " Fair Housing
and Equal Opportunity, fair housing assistance", shall be
$5,016,000.
(8) The amount appropriated under the heading " Management and
Administration, working capital fund", shall be $528,000.
(9) The amount appropriated under the heading " Department of
Defense-Civil, Cemeterial Expenses, Army, salaries and expenses",
shall be $4,476,000.
(10) The amount appropriated under the heading " Environmental
Protection Agency, salaries and expenses", shall be $562,837,000.
(11) The amount appropriated under the heading " Environmental
Protection Agency, research and development", shall be
$167,759,000.
(12) The amount appropriated under the heading " Environmental
Protection Agency, abatement, control and compliance", shall be
$395,000,000.
(13) The amount appropriated under the heading " Environmental
Protection Agency, buildings and facilities", shall be $3,621,000.
(14) The amount appropriated under the heading " Executive
Office of the President, council on environmental quality and
office of environmental quality", shall be $919,000.
(15) The amount appropriated under the heading " Executive
Office of the President, office of science and technology policy",
shall be $1,578,000.
(16) The amount appropriated under the heading " Federal
Emergency Management Agency, funds appropriated to the president,
disaster relief", shall be $301,694,000.
(17) The amount appropriated under the heading " Federal
Emergency Management Agency, salaries and expenses", shall be
$93,879,000.
(18) The amount appropriated under the heading " Federal
Emergency Management Agency, state and local assistance", shall be
$121,829,000.
(19) The amount appropriated under the heading " Federal
Emergency Management Agency, emergency planning and assistance",
shall be $67,906,000.
(20) There are appropriated, out of any money in the Treasury
not otherwise appropriated, for the repayment of notes dated April
17, 1979, and September 28, 1979, issued by the Director of the
Federal Emergency Management Agency to the Secretary of the
Treasury pursuant to section 15(e) of the Federal Flood Insurance
Act of 1956 (42 U.S.C. 2414(e)), $328,240,000.
(21) The amount appropriated under the heading " Department of
Health and Human Services, office of consumer affairs", shall be
$1,760,000.
(22) The amount appropriated under the heading " National
Aeronautics and Space Administration, research and development",
shall be $4,973,100,000, of which not to exceed $3,104,900,000
shall be available for the Space Shuttle including space flight
operations: Provided, That the limitations subject to the
approval of the Committees on Appropriations contained under this
heading shall not be affected by this subsection.
(23) The amount appropriated under the heading " National
Science Foundation, research and related activities", shall be
$1,010,000,000.
(24) The amount appropriated under the heading " National
Science Foundation, science education activities", shall be
$22,000,000.
(25) The amount appropriated under the heading " National
Science Foundation, scientific activities overseas (special
foreign currency program)", shall be $3,080,000.
(26) The amount appropriated under the heading " Selective
Service System, salaries and expenses", shall be $18,633,000.
(27) The amount appropriated under the heading " Department of
the Treasury, office of revenue sharing, salaries and expenses",
shall be $6,148,000.
(28) The amount appropriated under the heading " Department of
the Treasury, new york city loan guarantee program", shall be
$822,000.
(29) The amount appropriated under the heading " Veterans
Administration, compensation and pensions", shall be
$13,824,000,000.
(30) The amount appropriated under the heading " Veterans
Administration, readjustment benefits", shall be $1,938,800,000.
(31) The amount appropriated under the heading " Veterans
Administration, medical and prosthetic research", shall be
$128,215,000.
(32) The amount appropriated under the heading " Veterans
Administration, medical administration and miscellaneous operating
expenses", shall be $57,700,000.
(33) The amount appropriated under the heading " Veterans
Administration, construction, major projects", shall be
$378,338,000.
(34) The amount appropriated under the heading " Veterans
Administration, construction, minor projects", shall be
$102,942,000, of which not to exceed $30,018,000 shall be
available for the Office of Construction.
(35) The amount appropriated under the heading " Veterans
Administration, grants for construction of state extended care
facilities", shall be $15,840,000.
(36) The amount appropriated under the heading " Department of
the Treasury, investment in national consumer cooperative bank",
shall be $43,000,000: Provided, That the final Government equity
redemption date for the National Consumer Cooperative Bank shall
occur on December 31, 1981.
(37) During fiscal year 1982, gross obligations of not to
exceed $75,960,000 are authorized for payments under section 230(
a) of the National Housing Act,
// 12 USC 1715u. //
as amended, from the insurance fund chargeable for benefits on the
mortgage covering the property to which the payments made relate,
and payments in connection with such obligations are hereby
approved.
(38) The amount appropriated under the heading " Housing
Programs, payments for operation of low-income housing
projects-fiscal year 1981", shall remain available until September
30, 1982: Provided, That any part of the foregoing amount which
has not been obligated before the forty-fifth calendar day
following the enactment of this joint resolution, shall be deemed
obligated notwithstanding the provisions of 31 U. S.C. 200(a).
(39) The Congress also disapproves the deferral under the
heading " Veterans Administration, (disapproval of deferral)", of
the Washington, D.C., and Long Beach, Calif., projects as
contained in deferral notice D82 - 140.
(40) Notwithstanding any other provision of this Act, including
any other provision of this title, any agency may, before December
31, 1981, transfer to salaries and expenses from other sources
made available to it by this Act, such amounts as may be required
if the aggregate amount available for salaries and expenses, after
such transfer, does not exceed the amount contained for such
purposes in this Act before the application of the changes
contained in title V: Provided, That such transfers shall be
subject to the approval of the Committees on Appropriations:
Provided further, That in the Department of Housing and Urban
Development not to exceed (1) $34,000,000 shall be available for
data processing services, (2) 12 full-time permanent positions and
16 staff years shall be available for the Immediate Office of the
Assistant Secretary for Administration, and (3) 26 full-time
permanent positions and 27 staff years shall be available for the
Office of the Assistant Secretary for Legislation and
Congressional Relations: Provided further, That in the National
Aeronautics and Space Administration not to exceed (1) 150
full-time permanent positions shall be vailable for the Office of
the Comptroller and (2) 120 full-time permanent positions shall be
available for the Office of External Relations: Provided further,
That in the Veterans Administration not to exceed (1) $1,500,000
shall be available for the Office of Planning and Program
Evaluation and (2) 649 staff years shall be available for the
Supply Service.
(41) Notwithstanding any other provision of this Act, section
140 of H.J. Res. 357, as passed by the Senate on November 20,
1981, shall apply to programs, projects, or activities contained
in this Act: Provided, That section 140 shall remain in effect
for the programs, projects, or activities in this Act through
September 30, 1982.
This Act may be cited as the " Department of Housing and Urban
Development-Independent Agencies Appropriation Act, 1982".
Approved December 23, 1981.
LEGISLATIVE HISTORY- H.R. 4034:
HOUSE REPORTS: No. 97 - 162 (Comm. on Appropriations) and No. 97 -
222 (Comm. of Conference).
SENATE REPORT no. 97 - 163 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 127 (1981):
July 10, 17, considered and passed House.
July 30, considered and passed Senate, amended.
Sept. 15, House agreed to conference report; concurred in
certain Senate amendments.
Nov. 21, Senate agreed to conference report; concurred in
House amendments with an amendment.
Dec. 10, House concurred in Senate amendment.
PUBLIC LAW 97-100, 95 STAT. 1391
Interior and related agencies for
the fiscal year ending September 30, 1982, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the Department of the Interior and related agencies
for the fiscal year ending September 30, 1982, and for other purposes,
namely:
For expenses necessary for protection, use, improvement, development,
disposal, cadastral surveying, classification, and performance of other
functions, as authorized by law, in the management of lands and their
resources under the jurisdiction of the Bureau of Land Management,
including administrative expenses associated with the management of
funds provided under the heads " Oregon and California Grant Lands" and
" Acquisition, Construction, and Maintenance", $370,131,000.
For acquisition of lands and interests therein, and construction and
maintenance of buildings, recreation facilities, roads, trails, and
appurtenant facilities, $12,720,000, to remain available until expended.
For expenses necessary to implement the Act of October 20, 1976 (31
U.S.C. 1601), $99,500,000, of which not to exceed $400,000 shall be
available for administrative expenses: Provided, That this
appropriation may be used to correct underpayments in the previous
fiscal year to achieve equity among all qualified recipients.
For expenses necessary to carry out the provisions of sections 205
and 318(d) of Public Law 94 - 579 // 43 USC 1715, 1748. // including
administrative expenses and acquisition of lands or waters, or interest
therein, $3,137,000, to be derived from the Land and Water Conservation
Fund, to remain available until expended.
For expenses necessary for management, protection, and development of
resources and for construction, operation, and maintenance of access
roads, reforestation, and other improvements on the revested Oregon and
California Railroad grant lands, on other Federal lands in the Oregon
and California land-grant counties of Oregon, and on adjacent
rights-of-way; and acquisition of lands or interests therein including
existing connecting roads on or adjacent to such grant lands;
$54,988,000, to remain available until expended: Provided, That the
amount appropriated herein for the purposes of this appropriation on
lands administered by the Forest Service shall be transferred to the
Forest Service, Department of Agriculture: Provided further, That the
amount appropriated herein for road construction on lands other than
those administered by the Forest Service shall be transferred to the
Federal Highway Administration, Department of Transportation: Provided
further, That twenty-five per centum of the aggregate of all receipts
during the current fiscal year from the revested Oregon and California
Railroad grand lands is hereby made a charge against the Oregon and
California land grant fund and shall be transferred to the General Fund
in the Treasury in accordance with the provisions of the second
paragraph of subsection (b) of title II of the Act of August 28, 1937
(50 Stat. 876).
For rehabilitation, protection, acquisition of lands and interests
therein, and improvement of Federal range lands pursuant to section 401
of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701),
// 43 USC 1751. // sums equal to fifty per centum of all moneys
received during the prior fiscal year under sections 3 and 15 of the
Taylor Grazing Act (43 U.S.C. 315, et seq.), // 43 USC 315b, 315m. //
but not less than $10,000,000 (43 U.S.C. 1901), and the amount
designated for range improvements from grazing fees and mineral leasing
receipts from Bankhead-Jones lands transferred to the Department of the
Interior pursuant to law, to remain available until expended: Provided,
That not to exceed $675,000 shall be available for administrative
expenses.
For administrative expenses and other costs related to processing
application documents and other authorizations for use and disposal of
public lands and resources, for monitoring construction, operation, and
termination of facilities in conjunction with use authorizations, and
for rehabilitation of damaged property, such amounts as may be collected
under sections 304(a), 304(b), 305(a), and 504(g) of the Act approved
October 21, 1976 (43 U.S.C. 1701); // 43 USC 1734, 1735, 1764. // and
sections 101 and 203 of Public Law 93 - 153, // 30 USC 185, 43 USC 1652.
// to be immediately available until expended.
In addition to amounts authorized to be expended under existing law,
there is hereby appropriated such amounts as may be contributed under
section 307 of the Act of October 21, 1976 (43 U.S.C. 1701), // 43 USC
1737. // and such amounts as may be advanced for administrative costs,
surveys, appraisals, and costs of making conveyances of omitted lands
under section 211(b) of that Act. // 43 USC 1721. //
Appropriations for the Bureau of Land Management shall be available
for purchase, erection, and dismantlement of temporary structures,
insurance on official motor vehicles, aircraft, and boats operated by
the Bureau of Land Management in Canada; and alteration and maintenance
of necessary buildings and appurtenant facilities to which the United
States has title; $10,000 for payment, at the discretion of the
Secretary, for information or evidence concerning violations of laws
administered by the United States Bureau of Land Management;
miscellaneous and emergency expenses of enforcement activities,
authorized or approved by the Secretary and to be accounted for solely
on his certificate, not to exceed $10,000: Provided, That
appropriations herein made for the Bureau of Land Management
expenditures in connection with the revested Oregon and California
Railroad and reconveyed Coos Bay Wagon Road grant lands (other than
expenditures made under the appropriation " Oregon and California grant
lands") shall be reimbursed to the General Fund of the Treasury from the
25 per centum referred to in subsection (c), title II, of the Act
approved August 28, 1937 (50 Stat. 876), of the special fund designated
the " Oregon and California land grant fund" and section 4 of the Act
approved May 24, 1939 (53 Stat. 754), of the special fund designated the
" Coos Bay Wagon Road grant // 43 USC 1181f-4. // fund": Provided
further, That appropriations herein made may be expended on a
reimbursable basis for (1) surveys of lands other than those under the
jurisdiction of the Bureau of Land Management, and (2) protection of
lands for the State of Alaska: Provided further, That the Secretary of
the Interior shall develop criteria for extending, on a case-by-case
basis, the period allowed for phased livestock reductions on public
rangelands administered through the Bureau of Land Management up to five
years. Such criteria shall take into account available agricultural
assistance programs, the magnitude of projected livestock reductions,
alternative pasturage available, and ability of such public rangelands
to sustain such phasing in of livestock reductions without damage to
rangeland productivity: Provided further, That an appeal of any
reductions in grazing allotments on public rangelands must be taken
within 30 days after receipt of a final grazing allotment decision or 90
days after the effective date of this Act in the case of reductions
ordered during 1979, whichever occurs later. Reductions of up to 10 per
centum in grazing allotments shall become effective when so designated
by the Secretary of the Interior. Upon appeal any proposed reduction in
excess of 10 per centum shall be suspended pending final action on the
appeal, which shall be completed within 2 years after the appeal is
filed: Provided further, That, none of the funds provided in this Act
to the Bureau of Land Management may be expended to determine
suitability or nonsuitability for wilderness or for any wilderness study
area designation as directed in 43 U.S.C. 1782 of the Federal Land
Policy and Management Act of the lands withdrawn by the Executive Order
numbered 3767 of December 19, 1922, to be used by the United States
Department of Agriculture for a sheep experiment station.
For expenses necessary in carrying out the provisions of the Water
Research and Development Act of 1978 (Public Law 95 - 467) and // 42 USC
7801 // provisions of Public Law 95 - 84, as amended (42 U.S.C. 1959 -
1959i), $11,194,000, of which $2,955,000 shall remain available for
obligation until September 30, 1983.
For expenses necessary for scientific and economic studies,
conservation, management, investigations, protection, and utilization of
sport fishery and wildlife resources, except whales, seals, and sea
lions, and for the performance of other authorized functions related to
such resources; and maintenance of the herd of long-horned cattle on
the Wichita Mountains Wildlife Refuge, including administrative expenses
associated with the management of funds provided under the head "
Construction and Anadromous Fish", and up to $3,000,000 but not less
than $1,000,000 for high priority projects within the scope of the
approved budget which shall be carried out by Youth Conservation Corps
as if authorized by the Act of August 13, 1970, as amended by Public Law
93 - 408, // 16 USC 1701 - 1706. // $229,531,000: Provided, That funds
in this appropriation may be used to issue regulations that will permit
modification to the habitat of a threatened or endangered species when
the net effect of the modification is equal to, favorable to, and not
adverse to the protection of the species.
For construction and acquisition of buildings and other facilities
required in the conservation, management, investigation, protection, and
utilization of sport fishery and wildlife resources, and the acquisition
of lands and interests therein; and for expenses necessary to carry out
the Anadromous Fish Conservation Act (16 U.S.C. 757a-757f);
$6,961,000, to remain available until expended.
For an advance to the migratory bird conservation account, as
authorized by the Act of October 4, 1971, as amended (16 U.S.C. 715k-3,
5), $1,250,000, to remain available until expended.
For expenses necessary to carry out the provisions of the Land and
Water Conservation Fund Act of 1965, as amended (16 U.S.C. 4601 - 4 -
11), // 16 USC 460l - 4 460l - 11. // including administrative
expenses, and for acquisition of land or waters, or interest therein, in
accordance with statutory authority applicable to the United States Fish
and Wildlife Service, $17,178,000, to be derived from the Land and Water
Conservation Fund, to remain available until expended.
For expenses necessary to implement the Act of October 17, 1978 (16
U.S.C. 715s), $6,000,000.
Appropriations and funds available to the United States Fish and
Wildlife Service shall be available for purchase of not to exceed 120
passenger motor vehicles, of which 107 are for replacement only
(including 49 for police-type use); purchase of 3 new aircraft for
replacement only; not to exceed $100,000 for payment, at the discretion
of the Secretary, for information, rewards, or evidence concerning
violations of laws administered by the United States Fish and Wildlife
Service; miscellaneous and emergency expenses of enforcement
activities, authorized or approved by the Secretary and to be accounted
for solely on his certificate, not to exceed $100,000; insurance on
official motor vehicles, aircraft and boats operated by the United
States Fish and Wildlife Service in Mexico and Canada; repair of damage
to public roads within and adjacent to reservation areas caused by
operations of the United States Fish and Wildlife Service; options for
the purchase of land at not to exceed $1 for each option; facilities
incident to such public recreational uses on conservation areas as are
not inconsistent with their primary purpose; and the maintenance and
improvement of aquaria, buildings and other facilities under the
jurisdiction of the United States Fish and Wildlife Service and to which
the United States has title, and which are utilized pursuant to law in
connection with management and investigation of fish and wildlife
resources.
For expenses necessary for the management, operation, and maintenance
of areas and facilities administered by the National Park Service
(including special road maintenance service to trucking permittees on a
reimbursable basis), including not to exceed $372,000 for the Roosevelt
Campobello International Park Commission, including administrative
expenses associated with the management of funds provided under the
heads " Construction" and " John F. Kennedy Center for the Performing
Arts", and up to $3,000,000 but not less than $1,000,000 for high
priority projects within the scope of the approved budget which shall be
carried out by Youth Conservation Corps as if authorized by the Act of
August 13, 1970, as amended by Public Law 93 - 408, // 16 USC 1701 -
1706. // $534,252,000 without regard to the Act of August 24, 1912, as
amended (16 U.S.C. 451): Provided, That not to exceed $5,000,000 may be
available for operation of the National Visitor Center and of that
amount not to exceed $3,500,000 may be used for payment of rent:
Provided further, That the Park Service shall not enter into future
concessionaire contracts, including renewals, that do not include a
termination for cause clause that provides for possible extinguishment
of possessory interests excluding depreciated book value of
concessionaire investments without compensation: Provided further, That
appropriations for maintenance and improvement of roads within the
boundary of Indiana Dunes National Lakeshore shall be available for such
purposes without regard to whether title to such road rights-of-way is
in the United States: Provided further, That $85,000 shall be available
for the National Park Service to assist the Town of Harpers Ferry, West
Virginia, for police force use.
For expenses necessary to carry out recreation programs, natural
programs, cultural programs, environmental and compliance review, and
grant administration, not otherwise provided for, $12,888,000:
Provided, That the unexpended balances of the Heritage Conservation and
Recreation Service appropriation " Salaries and expenses" and grant
administration unexpended balances of the " Historic Preservation Fund"
and " Urban Park and Recreation Fund" shall be merged with this
appropriation.
For supplemental grants to existing "innovation grants" made under
authority of section 1003 of the Urban Park and Recreation Recovery Act
of 1978 (title 10 of Public Law 95 - 625), // 16 USC 2502. //
$8,000,000, to remain available until expended.
For expenses necessary in carrying out the provisions of the Historic
Preservation Act of 1966 (80 Stat. 915), as amended (16 U.S.C. 470),
$26,500,000, to be derived from the Historic Preservation Fund,
established by section 108 of that Act, // 16 USC 470h. // as amended,
to remain available for obligation until September 30, 1983: Provided,
That of the amount included in this head, not to exceed $1,500,000 shall
be used to reimburse fiscal year 1981 costs of those nine States which
did not receive their full survey and planning grants in that year.
For construction, improvements, repair or replacement of physical
facilities, without regard to the Act of August 24, 1912, as amended (16
U.S.C. 451), $88,721,000, to remain available until expended.
For expenses necessary to carry out the provisions of the Land and
Water Conservation Fund Act of 1965, as amended (16 U.S.C. 4601 - 4 -
11), // 16 USC 460l-4 460l-11. // including administrative expenses,
and for acquisition of land or waters, or interest therein, in
accordance with statutory authority applicable to the National Park
Service, $107,773,000, to be derived from the Land and Water
Conservation Fund, to remain available until expended.
For expenses necessary for operating and maintaining the
nonperforming arts functions of the John F. Kennedy Center for the
Performing Arts, $4,315,000.
Appropriations for the National Park Service shall be available for
the purchase of not to exceed 188 passenger motor vehicles, of which 149
shall be for replacement only, including not to exceed 125 for
police-type use and 25 buses; and to provide, notwithstanding any other
provision of law, at a cost not exceeding $100,000, transportation for
children in nearby communities to and from any unit of the National Park
System used in connection with organized recreation and interpretive
programs of the National Park Service; and options for the purchase of
land at not to exceed $1 for each option: Provided, That any funds
available to the National Park Service may be used, with the approval of
the Secretary, to maintain law and order in emergency and other
unforeseen law enforcement situations and conduct emergency search and
rescue operations in the National Park System; and to provide insurance
on official motor vehicles and aircraft operated by the National Park
Service in Mexico and Canada: Provided further, That none of the funds
appropriated to the National Park Service may be used to process any
grant or contract documents which do not include the text of 18 U.S.C.
1913: Provided further, That none of the funds appropriated to the
National Park Service may be used to add industrial facilities to the
list of National Historic Landmarks without the consent of the owner:
Provided further, That none of the funds appropriated to the National
Park Service shall be used to phase out livestock grazing as provided
for in section 3 of Public Law 92 - 207 (85 Stat. 739). // 16 USC 73b.
//
For expenses necessary for the Geological Survey to perform surveys,
investigations, and research covering topography, geology, and the
mineral and water resources of the United States, its Territories and
possessions, and other areas as authorized by law (43 U.S.C. 31, 1332,
and 1340); classify lands as to mineral character and water and power
resources, give engineering supervision to power permittees and Federal
Energy Regulatory Commission licensees; enforce departmental
regulations applicable to oil, gas, and other mining leases, permits,
licenses, and operating contracts; control the interstate shipment of
contraband oil as required by law (15 U.S.C. 715); administer the
minerals exploration program (30 U.S.C. 641); and publish and
disseminate data relative to the foregoing activities; $515,151,000, of
which $44,727,000 shall be available only for cooperation with States or
municipalities for water resources investigations: Provided, That no
part of this appropriation shall be used to pay more than one-half the
cost of any topographic mapping or water resources investigations
carried on in cooperation with any State or municipality.
For necessary expenses of carrying out the provisions of section 104
of Public Law 94 - 258, // 42 USC 6504. // $2,288,000, to remain
available until expended.
The amount appropriated for the Geological Survey shall be available
for purchase of not to exceed 19 passenger motor vehicles for
replacement only; reimbursement to the General Services Administration
for security guard services; contracting for the furnishing of
topographic maps and for the making of geophysical or other specialized
surveys when it is administratively determined that such procedures are
in the public interest; construction and maintenance of necessary
buildings and appurtenant facilities; acquisition of lands for
observation wells; expenses of the United States National Committee on
Geology; and payment of compensation and expenses of persons on the
rolls of the Geological Survey appointed, as authorized by law, to
represent the United States in the negotiation and administration of
interstate compacts.
For expenses necessary for conducting inquiries, technological
investigations and research concerning the extraction, processing, use
and disposal of mineral substances without objectionable social and
environmental costs; to foster and encourage private enterprise in the
development of mineral resources and the prevention of waste in the
mining, minerals, metal and mineral reclamation industries; to inquire
into the economic conditions affecting those industries; to promote
health and safety in mines and the mineral industry through research;
and for other related purposes as authorized by law, $151,964,000, of
which $9,629,000 shall be available to carry out the provisions of title
III of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.
1221), and of which $108,161,000 shall remain available until expended.
The Secretary is authorized to accept lands, buildings, equipment,
and other contributions from public and private sources and to prosecute
projects in cooperation with other agencies, Federal, State, or private:
Provided, That the Bureau of Mines is authorized, during the current
fiscal year, to sell directly or through any Government agency,
including corporations, any metal or mineral product that may be
manufactured in pilot plants operated by the Bureau of Mines, and the
proceeds of such sales shall be covered into the Treasury as
miscellaneous receipts.
For necessary expenses to carry out the provisions of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95 - 87, // 30
USC 1201 // $60,953,000, including the purchase of not to exceed 10
passenger motor vehicles for replacement only.
For necessary expenses to carry out the provisions of title IV of the
Surface Mining Control and Reclamation Act of 1977, Public Law 95 - 87,
// 30 USC 1231. // including the purchase of not more than 15 passenger
motor vehicles for replacement only, to remain available until expended,
$106,335,000, of which $16,000,000 shall be available to the Bureau of
Mines to carry out research, demonstration, and reclamation projects
authorized by section 403, Public Law 95 - 87, // 30 USC 1233. // to be
derived from receipts of the Abandoned Mine Reclamation Fund.
For expenses necessary to provide education and welfare services for
Indians, either directly or in cooperation with States and other
organizations, including payment (in advance or from date of admission)
of care, tuition, assistance, and other expenses of Indians in boarding
homes, institutions, or schools; grants and other assistance to needy
Indians; maintenance of law and order and payment of rewards for
information or evidence concerning violations of law on Indian
reservation lands or treaty fishing rights tribal use areas;
management, development, improvement, and protection of resources and
appurtenant facilities under the jurisdiction of the Bureau of Indian
Affairs, including payment of irrigation assessments and charges;
acquisition of water rights; advances for Indian industrial and
business enterprises; operation of Indian arts and crafts shops and
museums; development of Indian arts and crafts, as authorized by law;
and for the general administration of the Bureau of Indian Affairs,
including such expenses in field offices, $835,646,000, of which not to
exceed $4,000,000 shall be available for grants to the Navajo Community
College, pursuant to 25 U.S.C. 640 C-1, // 25 USC 640c-1. // as
amended, and, of which not to exceed $57,349,000 for higher education
scholarships and assistance to public schools under the Act of April 16,
1934 (48 Stat. 596), as amended (25 U.S.C. 452 et seq.), shall remain
available for obligation until September 30, 1983, and the funds made
available to tribes and tribal organizations through contracts
authorized by the Indian Self-Determination and Education Assistance Act
of 1975 (88 Stat. 2203; 25 U.S.C. 450 et seq.) shall remain available
until September 30, 1983: Provided, That this carryover authority does
not extend to programs directly operated by the Bureau of Indian
Affairs; and includes expenses necessary to carry out the provisions of
section 19(a) of Public Law 93 - 531, // 25 USC 640d-18. // $4,352,000,
to remain available until expended: Provided further, That none of
these funds shall be expended as matching funds for programs funded
under section 103(a)(1)(B)(iii) of the Vocational Education Act of 1963,
as amended (20 U.S.C. 2303(a)(1)(B)(iii)) by the Act of June 3, 1977
(Public Law 95 - 40): Provided further, That notwithstanding the
provisions of section 6 of said Act of April 16, 1934, as added by
section 202 of the Indian Education Assistance Act (88 Stat. 2213, 2214;
25 U.S.C. 457) funds appropriated pursuant to this or any other Act for
fiscal years ending September 30 of 1981 and 1982 may be utilized to
reimburse school districts for up to the full per capita cost of
educating Indian students (1) who are normally residents of the State in
which such school districts are located but do not normally reside in
such districts, and (2) who are residing in Federal boarding facilities
for the purpose of attending public schools within such districts.
For construction, major repair and improvement of irrigation and
power systems, buildings, utilities, and other facilities; acquisition
of lands and interests in lands; preparation of lands for farming; and
architectural and engineering services by contract, $97,529,000, to
remain available until expended: Provided, That such amounts as may be
available for the construction of the Navajo Indian Irrigation Project
may be transferred to the Bureau of Reclamation.
For construction of roads and bridges pursuant to authority contained
in 23 U.S.C. 203, the Act of November 2, 1921 (42 Stat. 208; 25 U.S.C.
13), and the Act of May 26, 1928 (45 Stat. 750; 25 U.S.C. 318a),
$49,125,000, to remain available until expended.
In addition to the tribal funds authorized to be expended by existing
law, there is hereby appropriated not to exceed $3,000,000 from tribal
funds not otherwise available for expenditure for the benefit of Indians
and Indian tribes, including pay and travel expenses of employees;
care, tuition, and other assistance to Indian children attending public
and private schools (which may be paid in advance or from date of
admission); purchase of land and improvements on land, title to which
shall be taken in the name of the United States in trust for the tribe
for which purchased; lease of lands and water rights; compensation and
expenses of attorneys and other persons employed by Indian tribes under
approved contracts; pay, travel, and other expenses of tribal officers,
councils, and committees thereof, or other tribal organizations,
including mileage for use of privately owned automobiles and per diem in
lieu of subsistence at rates established administratively but not to
exceed those applicable to civilian employees of the Government; relief
of Indians, without regard to section 7 of the Act of May 27, 1930 (46
Stat. 391), // 18 USC 4124 // including cash grants: Provided, That in
addition to the amount appropriated herein, tribal funds may be advanced
to Indian tribes during the current fiscal year for such purposes as may
be designated by the governing body of the particular tribe involved and
approved by the Secretary: Provided further, That (except in the case
of funds held in trust for Indian tribes or individuals) the funds
available for expenditure under the " Indian moneys, proceeds of labor"
accounts authorized by the Act of May 17, 1926 (Chap. 309, 44 Stat. 560;
25 U. S.C. 155); the Act of March 3, 1883 (22 Stat. 582) in the fifth
paragraph under the heading " INDIAN AFFAIRS" (22 Stat. 590; 25 U.S.C.
155); and the Act of March 2, 1887 (24 Stat. 449) in the first
paragraph under the heading " MISCELLANEOUS" (24 Stat. 463; 25 U.S.C.
155) may be expended until September 30, 1982 for any purpose for which
funds are appropriated under the subheading " Operation of Indian
Programs". On September 30, 1982, the balance of such accounts (except
for the funds held in trust for Indian tribes or individuals, and not to
exceed $10,000,000 which shall be available until expended by eligible
tribes for purposes approved by the Bureau of Indian Affairs) shall be
deposited into miscellaneous receipts of the Treasury to offset outlays
of the Bureau of Indian Affairs and thereafter no funds shall be
deposited in such accounts other than funds held in trust for Indian
tribes or individuals.
During fiscal year 1982, and within the resources and authority
available, gross obligations for the principal amount of direct loans
shall not exceed $14,770,000.
During fiscal year 1982, and within the resources and authority
available, total commitments to guarantee loans shall not exceed
$27,630,000 of contingent liability for loan principal.
Appropriations for the Bureau of Indian Affairs (except the revolving
fund for loans) shall be available for expenses of exhibits; purchase
of not to exceed 280 passenger carrying motor vehicles of which 180
shall be for replacement only, which may be used for the transportation
of Indians; advance payments for services (including services which may
extend beyond the current fiscal year) under contracts executed pursuant
to the Act of June 4, 1936 (25 U.S.C. 452), the Act of August 3, 1956
(25 U.S.C. 309), and legislation terminating Federal supervision over
certain Indian tribes; and expenses required by continuing or permanent
treaty provisions: Provided, That no part of any appropriation to the
Bureau of Indian Affairs shall be available to continue academic and
residential programs of the Chilocco, Seneca, and Fort Sill boarding
schools, Oklahoma; and Stewart boarding school, Nevada: Provided
further, That no part of any appropriation to the Bureau of Indian
Affairs shall be used to subject the transportation of school children
to any limitation on travel or transportation expenditures for Federal
employees.
For expenses necessary for the administration of Territories under
the jurisdiction of the Department of the Interior, $89,679,000, of
which (1) not to exceed $84,352,000 shall be available for grants to the
judiciary in American Samoa for compensation and expenses, as authorized
by law (48 U.S.C. 1661(c)); grants to American Samoa, in addition to
current local revenues, for support of governmental functions; grants
to Guam, as authorized by law (48 U.S.C. 1428 - 1428e; Public Law 95 -
134; 91 Stat. 1161, 1162, 1163; Public Law 95 - 348; 92 Stat. 487,
488); grants to the Government of the Virgin Islands as authorized by
law (Public Law 95 - 348, 92 Stat. 490); direct grants to the
Government of the Northern Mariana Islands as authorized by law (Public
Law 94 - 241, 90 Stat. 272 and Public Law 95 - 205, 94 Stat. 86), to
remain available until expended; and (2) not to exceed $5,327,000 shall
be available for expenses of the offices of the Government Comptroller
for the Virgin Islands, the Government Comptroller for Guam, Trust
Territory of the Pacific Islands, the Northern Mariana Islands, and the
Government Comptroller for American Samoa, as authorized by law (Public
Law 95 - 134, 91 Stat. 1161, 1162; Public Law 96 - 205, 94 Stat. 85,
90), and for salaries and expenses of the Office of Territorial Affairs,
and for expenses of the Northern Mariana Islands Federal Laws Commission
as authorized by law (Public Law 94 - 241, 90 Stat. 268): // 48 USC
1401f, 1423l, 1665. // Provided, That the Territorial and local
governments herein provided for are authorized to make purchases through
the General Services Administration: Provided further, That
appropriations available for the administration of Territories may be
expended for the purchase, charter, maintenance, and operation of
surface vessels for official purposes and for commercial transportation
purposes found by the Secretary to be necessary: Provided further, That
all financial transactions of the Territorial and local governments
herein provided for, including such transactions of all agencies or
instrumentalities established or utilized by such governments, shall be
audited by the General Accounting Office, in accordance with the
provisions of the Budget and Accounting Act, 1921 (42 Stat. 23), // 31
USC 1. // as amended, and the Accounting and Auditing Act of 1950 (64
Stat. 834). // 31 USC 65 //
For expenses necessary for the Department of the Interior in
administration of the Trust Territory of the Pacific Islands pursuant to
the Trusteeship Agreement approved by joint resolution of July 18, 1947
(61 Stat. 397), and the Act of June 30, 1954 (68 Stat. 330), as amended
(90 Stat. 299; 91 Stat. 1159; 92 Stat. 495), grants for the expenses
of the High Commissioner of the Trust Territory of the Pacific Islands;
grants for the compensation and expenses of the Judiciary of the Trust
Territory of the Pacific Islands; grants to the Trust Territory of the
Pacific Islands in addition to local revenues, for support of
governmental functions; $79,330,000, to remain available until
expended: Provided, That all financial transactions of the Trust
Territory, including such transactions of all agencies or
instrumentalities established or utilized by such Trust Territory, shall
be audited by the General Accounting Office in accordance with the
provisions of the Budget and Accounting Act, 1921 (42 Stat. 23), as
amended, and the Accounting and Auditing Act of 1950 (64 Stat. 834):
Provided further, That the government of the Trust Territory of the
Pacific Islands is authorized to make purchases through the General
Services Administration: Provided further, That appropriations
available for the administration of the Trust Territory of the Pacific
Islands may be expended for the purchase, charter, maintenance, and
operation of surface vessels for official purposes and for commercial
transportation purposes found by the Secretary to be necessary in
carrying out the provisions of articles 6(2) of the Trusteeship
Agreement approved by Congress.
For necessary expenses of the Office of the Solicitor, $18,333,000.
For necessary expenses of the Office of the Secretary of the
Interior, including necessary expenses for certain operations that
provide departmentwide services, $42,434,000, of which not to exceed
$5,000 may be for official reception and representation expenses.
For necessary expenses of the Office of Construction Management,
$4,000,000, to remain available for obligation until September 30, 1983.
For necessary expenses of the Office of the Inspector General,
$10,770,000.
There is hereby authorized for acquisition, from available resources
within the Working Capital Fund, 11 additional aircraft, all of which
may be from surplus.
Sec. 101. Appropriations made in this title shall be available for
expenditure or transfer (within each bureau or office), with the
approval of the Secretary, for the emergency reconstruction,
replacement, or repair of aircraft, buildings, utilities, or other
facilities or equipment damaged or destroyed by fire, flood, storm, or
other unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made available
to the Department of the Interior for emergencies shall have been
exhausted.
Sec. 102. The Secretary may authorize the expenditure or transfer of
any appropriation in this title, in addition to the amounts included in
the budget programs of the several agencies, for the suppression or
emergency prevention of forest or range fires on or threatening lands
under jurisdiction of the Department of the Interior and for the
emergency rehabilitation of burned-over lands under its jurisdiction,
and for emergency reclamation projects under section 410 of Public Law
95 - 87: // 30 USC 1240. // Provided, That appropriations made in this
title for fire suppression purposes shall be available for the payment
of obligations incurred during the preceding fiscal year, and for
reimbursement to other Federal agencies for destruction of vehicles,
aircraft, or other equipment in connection with their use for fire
suppression purposes, such reimbursement to be credited to
appropriations currently available at the time of receipt thereof:
Provided further, That no appropriations made in this title shall be
available for acquisition of automatic data processing equipment,
software, or services in excess of $1,000,000 systems life cost, without
prior approval of the Secretary.
Sec. 103. appropriations made in this title shall be available for
operation of warehouses, garages, shops, and similar facilities,
wherever consolidation of activities will contribute to efficiency or
economy, and said appropriations shall be reimbursed for services
rendered to any other activity in the same manner as authorized by the
Act of June 30, 1932 (31 U.S.C. 686): Provided, That reimbursements for
costs and supplies, materials, equipment, and for services rendered may
be credited to the appropriation current at the time such reimbursements
are received.
Sec. 104. Appropriations made to the Department of the Interior in
this title shall be available for services as authorized by 5 U.S.C.
3109, when authorized by the Secretary, in total amount not to exceed
$300,000; hire, maintenance, and operation of aircraft; hire of
passenger motor vehicles; purchase of reprints; payment for telephone
service in private residences in the field, when authorized under
regulations approved by the Secretary, and the payment of dues, when
authorized by the Secretary, for library membership in societies or
associations which issue publications to members only or at a price to
members lower than to subscribers who are not members.
Sec. 105. Appropriations available to the Department of the Interior
for salaries and expenses shall be available for uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901 - 5902 and D. C. Code 4 -
204).
Sec. 106. Appropriations made in this title shall be available for
obligation in connection with contracts issued by the General Services
Administration for services or rentals for periods not in excess of
twelve months beginning at any time during the fiscal year.
Sec. 107. No appropriations made in this title shall be available
for the identification of lands not now so identified or acquisition (by
withdrawal, transfer, or purchase) of lands for or associated with the
Unique Wildlife Ecosystem Program as now defined by the United States
Fish and Wildlife Service not authorized by law under an existing
program.
Sec. 108. Except as specifically provided otherwise in this Act, no
funds appropriated in this title shall be available to fulfill the
requirements of section 8 of Public Law 94 - 458 // 16 USC 1a-5. // as
they apply to reporting to Congress on potential new areas of the
National Park System.
Sec. 109. No funds provided in this title may be expended by the
Department of the Interior for the procurement, leasing, bidding,
exploration, or development of the Point Arena, Bodega, Santa Cruz or
Eel River basins of Outer Continental Shelf Lease Sale numbered 53.
Sec. 110. None of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended to finance changing
the name of the mountain located 63 degrees, 04 minutes, 15 seconds
west, presently named and referred to as Mount Mc Kinley.
Sec. 111. None of the funds provided in this title may be used for
administrative expenses of a program that does not include operation of
the Office of Aircraft Services.
Sec. 112. Notwithstanding the provisions of section 6 of the Act of
May 25, 1948 (62 Stat. 269, 273), appropriations of power revenues of
the Flathead Irrigation Project on the Flathead Reservation, Montana,
made pursuant to section 3 of the Act of August 7, 1946 (60 Stat. 895),
// 31 USC 725s-3. // shall hereafter be available in an amount not
exceeding 20 percent of the gross power revenues of said project for the
preceding fiscal year, or $750,000, whichever is greater, for
improvements and extensions to the power system: Provided, That no
appropriations shall be made in excess of the Flathead Irrigation power
revenues on deposit with the Federal Government: Provided further, That
notwithstanding any other provision of this Act, budget authority
provided by this Act is hereby reduced by the following amounts:
Department of the Interior, $145,955,000; Forest Service, $59,581,000;
Department of Energy, $56,947,000; Indian Health Service, $26,950,000;
Indian Education, $3,244,000; Navajo and Hopi Indian Relocation
Commission, $419,000; Smithsonian Institution, $5,939,000; National
Gallery of Art, $1,242,000; Woodrow Wilson International Center for
Scholars, $78,000; National Endowment for the Arts, $5,960,000;
National Endowment for the Humanities, $5,440,000; Institute of Museum
Services, $480,000; Commission of Fine Arts, $12,000; Advisory Council
on Historic Preservation, $65,000; National Capital Planning
Commission, $94,000; Franklin Delano Roosevelt Memorial Commission,
$1,000; Pennsylvania Avenue Development Corporation, $762,000; Federal
Inspector for the Alaska Gas Pipeline, $1,143,000; and Holocaust
Memorial Council, $32,000: Provided further, That such reductions shall
be ratably applied to each account, program, activity and project.
For necessary expenses of forest research as authorized by law,
$114,992,000.
For necessary expenses of cooperating with, and providing technical
and financial assistance to States, Territories, possessions, and
others; and for forest insect and disease activities, $66,315,000, of
which $60,860,000 shall remain available for obligation until September
30, 1983, to carry out activities authorized in Public Law 95 - 313: //
16 USC 2101 // Provided, That a grant of $3,000,000 shall be made to the
State of Minnesota for the purposes authorized by section 6 of Public
Law 95 - 495. // 92 Stat. 1652. //
For necessary expenses of the Forest Service, not otherwise provided
for, for management, protection, improvement, and utilization of the
National Forest System, and for liquidation of obligations incurred in
the preceding fiscal year for forest fire protection and emergency
rehabilitation, including administrative expenses associated with the
management of funds provided under the heads " Forest Research", " State
and Private Forestry", " National Forest System", and " Construction and
Land Acquisition", and up to $3,000,000 but not less than $1,000,000 for
high priority projects within the scope of the approved budget which
shall be carried out by Youth Conservation Corps as if authorized by the
Act of August 13, 1970, as amended by Public Law 93 - 408, // 42 USC
prec. 2711. // $1,007,074,000, of which $223,278,000 for reforestation,
timber stand improvement, cooperative law enforcement, and maintenance
of forest development roads and trails shall remain available for
obligation until September 30, 1983.
For necessary expenses of the Forest Service, not otherwise provided
for, for construction and land acquisition, $265,101,000, to remain
available until expended, of which $20,693,000 is for construction and
acquisition of buildings and other facilities; and $244,408,000 is for
construction of forest roads and trails by the Forest Service:
Provided, That $78,700,000 available under the Act of March 4, 1913 (16
U.S.C. 501), shall be transferred to the General Fund of the Treasury of
the United States: Provided further, That $1,485,000 shall be available
for construction of the Bald Mountain Road in the Siskiyou National
Forest: Provided further, That section 9 of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (Public Law 93 - 378, as
amended), // 16 USC 1608. // is amended by deleting all of the sentence
after the word "benefits" and inserting in lieu thereof, the following:
": Provided, That limitations on the level of obligations for
construction of forest roads by timber purchasers shall be established
in annual appropriation Acts.": Provided further, That no more than
$242,542,000 shall be obligated for the construction of forest roads by
timber purchasers.
For expenses necessary to carry out the provisions of the Land and
Water Conservation Fund Act of 1965, as amended (16 U.S.C. 4601 - 4 -
11), including administrative expenses, and for acquisition of land or
waters, or interest therein, in accordance with statutory authority
applicable to the United States Forest Service, $27,356,000, to be
derived from the Land and Water Conservation Fund, to remain available
until expended.
For acquisition of land within the exterior boundaries of the Cache
National Forest, Utah; Uinta and Wasatch National Forests, Utah;
Toiyabe National Forest, Nevada; Angeles National Forest, California;
and, San Bernardino and Cleveland National Forests, California, as
authorized by law, $754,000, to be derived from forest receipts.
For acquisition of lands in accordance with the Act of December 4,
1967 (16 U.S.C. 484a), all funds deposited by public school authorities
pursuant to that Act, to remain available until expended.
For necessary expenses of range rehabilitation, protection, and
improvement in accordance with section 401(b)(1), of the Act of October
21, 1976, Public Law 94 - 579, as amended, // 43 USC 1751. // 50 per
centum of all moneys received during the prior fiscal year, and not less
than $1,000,000 of unexpended balances from prior year receipts, as fees
for grazing domestic livestock on lands in National Forests in the
sixteen western States, to remain available until expended.
Funds previously appropriated under this head may be recovered from
receipts deposited on the applicable National Forest. Such funds, when
recovered, may be expended and recovered on any National Forest.
For expenses authorized by 16 U.S.C. 1643(b), $90,000, to remain
available until expended, to be derived from the fund established
pursuant to 16 U.S.C. 1643(b).
Appropriations to the Forest Service for the current fiscal year
shall be available for: (a) purchase of not to exceed 271 passenger
motor vehicles of which 6 will be used primarily for law enforcement
purposes and of which 250 shall be for replacement only, acquisition of
92 passenger motor vehicles from excess sources, and hire of such
vehicles; operation and maintenance of aircraft, the purchase of not to
exceed 4 for replacement only, and acquisition of 50 aircraft from
excess sources; (b) services pursuant to the second sentence of section
706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed
$100,000 for employment under 5 U.S.C. 3109; (c) uniforms, or
allowances therefor, as authorized by law (5 U.S.C. 5901 - 5902); (d)
purchase, erection, and alteration of buildings and other public
improvements (7 u.s.c. 2250); (e) acquisition of land, waters, and
interests therein, pursuant to the Act of August 3, 1956 (7 U.S.C.
428a); and (f) for expenses pursuant to the Volunteers in the National
Forest Act of 1972 (16 U.S.C. 558a, 558d, 558a note).
None of the funds made available under this Act shall be obligated or
expended to change the boundaries of any region, to abolish any region,
to move or close any regional office for research, State and private
forestry, and National Forest System administration of the Forest
Service, Department of Agriculture, without the consent of the House and
Senate Committees on Appropriations and the Committee on Agriculture,
Nutrition, and Forestry in the United States Senate and the Committee on
Agriculture in the United States House of Representatives.
Any appropriations or funds available to the Forest Service may be
advanced to the National Forest System limitation for the emergency
rehabilittation of burned-over lands under its jurisdiction.
Appropriations and funds available to the Forest Service shall be
available to comply with the requirements of section 313(a) of the
Federal Water Pollution Control Act, as amended (33 U.S.C. 1323(a)).
Funds available under the Act of March 4, 1913 (16 U.S.C. 501), may
be merged with and made a part of the Construction and Land Acquisition
and/or the National Forest System appropriations.
The appropriation structure for the Forest Service may not be altered
without advance approval of the House and Senate Committees on
Appropriations.
The provisions in the next to last paragraph under this head in the
Supplemental Appropriations and Rescission Act, 1980 (Public Law 96 -
304), // 42 USC 5915 // regarding transfer of projects to the Synthetic
Fuel Corporation from the Department of Energy shall not apply to any
demonstration projects authorized pursuant to the Federal Nonnuclear
Energy Research and Development Act, as amended (Public Law 93 - 577).
// 42 USC 5901 //
For necessary expenses in carrying out fossil energy research and
development activities, under the authority of the Department of Energy
Organization Act (Public Law 95 - 91), sections 302(b), 302(c) and 303(
c) // 42 USC 7152, 7153. // of which are hereby repealed, $431,100,000,
to remain available until expended: Provided, That no part of the sum
herein appropriated shall be used for the field testing of nuclear
explosives in the recovery of oil and gas.
For necessary expenses in connection with the purchase and
construction of fossil energy plants, including the acquisition of
interests, including defeasible and equitable interests in any real
property or any facility or for plant or facility acquisition or
expansion, $4,000,000, to remain available until expended: Provided,
That funds deferred under this head in the Supplemental Appropriations
and Rescission Act, 1981 (Public Law 97 - 12), and further deferred (D82
- 9) in the special message transmitted by the President to the Congress
on October 1, 1981, under section 1013 of the Impoundment Control Act of
1974 (Public Law 93 - 344), // 31 USC 1403. // shall be used for
continuing design of the Solvent Refined Coal-I (SRC-I) demonstration
facility (Project No. 78 - 2-d) and that deferral (D82 - 9) is hereby
disapproved.
For necessary expenses in carrying out naval petroleum and oil shale
reserves activities, $222,023,000, to remain available until expended.
For necessary expenses in carrying out energy conservation
activities, $161,490,000 and $172,608,000 to be derived from " Fossil
Energy Construction", Department of Energy, and $400,000 to be derived
from " Energy production, demonstration, and distribution", Department
of Energy, to remain available until expended: Provided, That the
indebtedness guaranteed or committed to be guaranteed under section 10
of the Electric and Hybrid Vehicle Research, Development and
Demonstration Act of 1976, as amended (15 U.S.C. 2509), shall not exceed
the aggregate of $16,000,000.
For necessary expenses in carrying out the activities of the Economic
Regulatory Administration and the Office of Hearings and Appeals,
$23,900,000: Provided, That none of the funds herein appropriated shall
be available to pay the expenses of parties intervening in regulatory
proceedings before the Economic Regulatory Administration: Provided
further, That of the funds deferred under this head in the Supplemental
Appropriations and Rescission Act, 1981 (Public Law 97 - 12), $5,000,000
shall be available for the Federal coal conversion program, of which
$4,500,000 shall be available only for expenses in issuing prohibition
orders under the Powerplant and Industrial Fuel Use Act and other
related laws.
For expenses necessary to carry out the provisions of sections 151
through 166 of the Energy Policy and Conservation Act of 1975 (Public
Law 94 - 163), // 42 USC 6231 - 6246. // $199,408,000, to remain
available until expended.
The aggregate amount that may be obligated under section 167 of the
Energy Policy and Conservation Act of 1975 (Public Law 94 - 163), as
amended by the Omnibus Budget Reconciliation Act of 1981 (Public Law 97
- 35), for the acquisition and transportation of petroleum, and for
other necessary expenses, is $3,684,000,000, to remain available until
expended.
For necessary expenses in carrying out the activities of the Energy
Information Administration, $82,207,000.
Appropriations to the Department of Energy under this Act for the
current fiscal year shall be available for hire of passenger motor
vehicles; hire, maintenance, and operation aircraft; purchase, repair,
and cleaning of uniforms; and reimbursement to the General Services
Administration for security guard services.
From this appropriation, transfers of sums may be made to other
agencies of the Government for the performance of work for which the
appropriation is made.
None of the funds made available to the Department of Energy under
this Act shall be used to implement or finance authorized price support
or loan guarantee programs unless specific provision is made for such
programs in an appropriations Act.
The Secretary is authorized to accept lands, buildings, equipment,
and other contributions from public and private sources and to prosecute
projects in cooperation with other agencies, Federal, State, private, or
foreign: Provided, That (1) revenues received from the sale of any
products produced in facilities other than demonstration plants operated
as part of Department of Energy programs appropriated under this Act
shall be covered into the Treasury as miscellaneous receipts; and (2)
revenues and other moneys received by or for the account of the
Department of Energy or otherwise generated by sale of products in
connection with demonstration plant projects of the Department
appropriated under this Act may be retained by the Secretary of Energy,
to be available until expended, and used only for plant construction,
operation costs, and payments to cost-sharing entities as provided in
appropriate cost-sharing contracts or agreements: Provided further,
That the remainder of revenues after the making of such payments shall
be covered into the Treasury as miscellaneous receipts: Provided
further, That any contract, agreement or provision thereof entered into
by the Secretary pursuant to this authority shall be submitted to the
Senate Committee on Appropriations and the House Committee on
Appropriations and a period of thirty days shall elapse while Congress
is in session (in computing the thirty days, there shall be excluded the
days on which either the Senate or the House is not in session because
of adjournment for more than three days) before the contract, agreement
or provision thereof shall become effective, except that such
committees, after having received the proposed contract, agreement or
provision thereof, may, by separate resolutions in writing, waive the
condition of all or any portion of such thirty-day period.
Where the Secretary has the legal authority under other provisions of
law, including other provisions of this Act, to undertake projects for
the design, construction, or operation of Government-owned facilities
for developing or demonstrating the conversion of coal into gaseous,
liquid, or solid hydrocarbon products, the Secretary may use the
authority contained in Public Law 85 - 804 (50 U.S.C. 1431 - 1435), with
respect to such contracts or agreements for or related to such projects:
Provided, That any contract, agreement, or provision thereof entered
into by the Secretary using the authority of Public Law 85 - 804 shall
be submitted to the Senate Committee on Appropriations and the House
Committee on Appropriations and a period of thirty days shall elapse
while Congress is in session (in computing the thirty days, there shall
be excluded the days on which either the Senate or the House is not in
session because of adjournment for more than three days) before the
contract, agreement or provision thereof shall become effective, except
that such committees, after having received the proposed contract,
agreement or provision thereof, may, by separate resolutions in writing,
waive the condition of all or any portion of such thirty-day period.
The notification // 50 USC 1431. // required herein shall be in lieu of
the notification requirements of Public Law 85 - 804.
For expenses necessary to carry out the Act of August 5, 1954 (68
Stat. 674), the Indian Self-Determination Act // 42 USC 2001 - 2004b.
// the Indian Health Care Improvement Act, // 25 USC 450 // and titles
III and V and section 757 of the Public Health Service Act, // 42 USC
241, 219, 294y-1. // including hire of passenger motor vehicles and
aircraft; purchase of reprints; purchase and erection of portable
buildings; payments for telephone service in private residences in the
field, when authorized under regulations approved by the Secretary,
$624,630,000: Provided, That funds made available to tribes and tribal
organizations through grants and contracts authorized by the Indian
Self-Determination and Education Assistance Act of 1975 (88 Stat. 2203;
25 U.S.C. 450), shall remain available until September 30, 1983. Funds
provided in this Act may be used for one-year contracts and grants which
are to be performed in two fiscal years, so long as the total obligation
is recorded in the year for which the funds are appropriated: Provided
further, That the first $5,000,000 of the amounts collected by the
Secretary of Health and Human Services under the authority of title IV
of the Indian Health Care Improvement Act // 42 USC 1395f, 1395n,
1395qq, 1396j, 1396d; // shall be used to carry out the purposes for
which this appropriation is made and any additional collections shall be
available until September 30, 1983, for the purpose of achieving
compliance with the applicable conditions and requirements of titles
XVIII and XIX of the Social Security Act, // 42 USC 1395, // (exclusive
of planning, design, construction of new facilities, or major renovation
of existing Indian Health Service facilities): Provided further, That
funding contained herein, and in any earlier appropriations Act, for
scholarship programs under section 103 of the Indian Health Care
Improvement Act // 25 USC 1613. // and section 757 of the Public Health
Service Act // 42 USC 294y-1. // shall remain available for expenditure
until September 30, 1983.
For construction, major repair, improvement, and equipment of health
and related auxiliary facilities, including quarters for personnel;
preparation of plans, specifications, and drawings; acquisition of
sites; purchase and erection of portable buildings, purchase of
trailers, and for provision of domestic and community sanitation
facilities for Indians as authorized by section 7 of the Act of August
5, 1954 (42 U.S.C. 2004a), // 25 USC 450 // the Indian
Self-Determination Act and the Indian Health Care Improvement Act, // 25
USC 1601 // $49,117,000, to remain available until expended.
ADMINISTRATION
Appropriations in this Act to the Health Services Administration,
available for salaries and expenses, shall be available for services as
authorized by 5 U.S.C. 3109 but at rates not to exceed the per diem
equivalent to the rate for GS-18, for uniforms or allowances therefor as
authorized by law (5 U.S.C. 5901 - 5902), and for expenses of attendance
at meetings which are concerned with the functions or activities for
which the appropriation is made or which will contribute to improved
conduct, supervision, or management of those functions or activities:
Provided, That none of the funds appropriated under this Act to the
Indian Health Service shall be available for the initial lease of
permanent structures without advance provision therefor in
appropriations Acts: Provided further, That non-Indian patients may be
extended health care at the Talihina Hospital in Talihina, Oklahoma, and
the Zuni-Ramah Indian Health Service Unit in Zuni, New Mexico, if such
care can be extended without impairing the ability of the Indian Health
Service to fulfill its responsibility to provide health care to Indians
served by such facilities and subject to such reasonable charges as the
Secretary of Health and Human Services shall prescribe, the proceeds of
which shall be deposited in the fund established by sections 401 and 402
of the Indian Health Care Improvement Act: // 42 USC 1395f, 1395n,
1395qq, 1396j, 1396d. // Provided further, That funds appropriated to
the Indian Health Service in this Act, except those used for
administrative and program direction purposes, shall not be subject to
limitations directed at curtailing Federal travel and transportation:
Provided further, That employment funded by this Act shall not be
subject to any personnel ceiling or other personnel restriction for
permanent or other than permanent employment.
For carrying out, to the extent not otherwise provided, Part A
($57,250,000), and Parts B and C ($20,930,000) of the Indian Education
Act, and the General Education Provisions Act, // 86 Stat. 334, 339,
342, 20 USC 1221. // $81,096,000: Provided, That no funds shall be
obligated for expenses of the Office of the Director of Indian Education
after March 1, 1982, until the Secretary of Education has submitted to
the Congress his report and recommendations on the study and analysis of
the definition of the term " Indian" as required by section 453 of the
Indian Education Act (86 Stat. 345), as amended (20 U.S.C. 1221h).
For necessary expenses of the Navajo and Hopi Indian Relocation
Commission as authorized by Public Law 93 - 531, // 25 USC 640d-
640d-24. // $10,481,000 for operating expenses of the Commission.
For necessary expenses of the Smithsonian Institution, including
research in the fields of art, science, and history; development,
preservation, and documentation of the National Collections;
presentation of public exhibits and performances; collection,
preparation, dissemination, and exchange of information and
publications; conduct of education, training, and museum assistance
programs; maintenance, alteration, operation, lease (for terms not to
exceed ten years), and protection of buildings, facilities, and
approaches; not to exceed $100,000 for services as authorized by 5 U.
S.C. 3109; up to 3 replacement passenger vehicles; purchase, rental,
repair, and cleaning of uniforms for employees; $133,823,000:
Provided, That funds appropriated herein are available for advance
payments to independent contractors performing research services or
participating in official Smithsonian presentations: Provided further,
That none of these funds shall be available to a Smithsonian Research
Foundation.
For payments in foreign currencies which the Treasury Department
shall determine to be excess to the normal requirements of the United
States, for necessary expenses for carrying out museum programs,
scientific and cultural research, and related educational activities, as
authorized by law, $4,500,000, to remain available until expended and to
be available only to United States institutions: Provided, That this
appropriation shall be available, in addition to other appropriations to
the Smithsonian Institution, for payments in the foregoing currencies:
Provided further, That none of these funds shall be available to a
Smithsonian Research Foundation: Provided further, That not to exceed
$500,000 may be used to make grant awards to employees of the
Smithsonian Institution.
PARK
For necessary expenses of planning, construction, remodeling, and
equipping of buildings and facilities at the National Zoological Park,
by contract or otherwise, $1,150,000, to remain available until
expended.
For necessary expenses of restoration and renovation of buildings
owned or occupied by the Smithsonian Institution, by contract or
otherwise, as authorized by section 2 of the Act of August 22, 1949 (63
Stat. 623), // 20 USC 53a. // including not to exceed $10,000 for
services as authorized by 5 U.S.C. 3109, $8,000,000, to remain available
until expended.
For necessary expenses to construct a building for the Museum of
African Art and a gallery for Eastern art together with structures for
related educational activities in the area south of the original
Smithsonian Institution Building, including not to exceed $50,000 for
services as authorized by 5 U.S.C. 3109, $1,000,000, to remain available
until expended.
For the upkeep and operations of the National Gallery of Art, the
protection and care of the works of art therein, and administrative
expenses incident thereto, as authorized by the Act of March 24, 1937
(50 Stat. 51), // 20 USC 71. // as amended by the public resolution of
April 13, 1939 (Public Resolution 9, Seventy-sixth Congress), // 53
Stat. 577. // including services as authorized by 5 U.S.C. 3109;
payment in advance when authorized by the treasurer of the Gallery for
membership in library, museum, and art associations or societies whose
publications or services are available to members only, or to members at
a price lower than to the general public; purchase, repair, and
cleaning of uniforms for guards and elevator operators, and uniforms, or
allowances therefor, for other employees as authorized by law (5 U.
S.C. 5901 - 5902); purchase, or rental of devices and services for
protecting buildings and contents thereof, and maintenance, alteration,
improvement, and repair of buildings, approaches, and grounds; and not
to exceed $70,000 for restoration and repair of works of art for the
National Gallery of Art by contracts made, without advertising, with
individuals, firms, or organizations at such rates or prices and under
such terms and conditions as the Gallery may deem proper, $31,057,000,
of which not to exceed $3,850,000 for the repair, renovation, and
restoration program of the original West Building shall remain available
until expended.
CENTER
FOR SCHOLARS
For expenses necessary in carrying out the provisions of the Woodrow
Wilson Memorial Act of 1968 (82 Stat. 1356), // 20 USC 80e // including
hire of passenger vehicles and services as authorized by 5 U.S.C. 3109,
$1,950,000.
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, // 20 USC 951 // as amended,
$119,000,000 of which $107,635,000 shall be available to the National
Endowment for the Arts for the support of projects and productions in
the arts through assistance to groups and individuals pursuant to
section 5(c) of the Act, // 20 USC 954. // of which not less than 20
per centum of the funds provided for section 5(c) shall be available for
assistance pursuant to section 5(g) of the Act, and $11,365,000 shall be
available for administering the functions of the Act.
To carry out the provisions of section 10(a)(2) of the National
Foundation on the Arts and the Humanities Act of 1965, // 20 USC 959.
// as amended, $30,000,000, to remain available until September 30,
1983, to the National Endowment for the Arts, of which $15,000,000 shall
be available for purposes of section 5(1): // 20 USC 954. // Provided,
That this appropriation shall be available for obligation only in such
amounts as may be equal to the total amounts of gifts, bequests, and
devises of money, and other property accepted by the Chairman or by
grantees of the Endowment under the provisions of subsections
11(a)(2)(A) and 11(a)(3)(A) // 20 USC 960. // during the current and
preceding fiscal years for which equal amounts have not previously been
appropriated.
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, // 20 USC 951 // as amended,
$106,000,000 of which $94,200,000 shall be available to the National
Endowment for the Humanities for support of activities in the
humanities, pursuant to section 7(c) of the Act, // 20 USC 956. // of
which not less than 20 per centum shall be available for assistance
pursuant to section 7(f) of the Act, and $11,800,000 shall be available
for administering the functions of the Act.
To carry out the provisions of section 10(a)(2) of the National
Foundation on the Arts and the Humanities Act of 1965, // 20 USC 959.
// as amended, $30,000,000, to remain available until September 30,
1983, of which $21,600,000 shall be available to the National Endowment
for the Humanities for the purposes of section 7(h): // 20 USC 956. //
Provided, That this appropriation shall be available for obligation only
in such amounts as may be equal to the total amounts of gifts, bequests,
and devises of money, and other property accepted by the Chairman or by
grantees of the Endowment under the provisions of subsections
11(a)(2)(B) and 11(a)(3)(B) // 20 USC 960. // during the current and
preceding fiscal years, for which equal amounts have not previously been
appropriated.
For carrying out title II of the Arts, Humanities, and Cultural
Affairs Act of 1976, // 20 USC 961. // as amended, $12,000,000:
Provided, That none of these funds shall be available for the
compensation of Executive Level V or higher positions: // 20 USC 962.
// Provided further, That notwithstanding section 203 of the Museum
Services Act, as amended, the Institute of Museum Services is
established as an entity within the National Foundation on the Arts and
the Humanities.
None of the funds appropriated to the National Foundation on the Arts
and the Humanities may be used to process any grant or contract
documents which do not include the text of 18 U.S.C. 1913.
For expenses made necessary by the Act establishing a Commission of
Fine Arts (40 U.S.C. 104), $303,000.
For expenses made necessary by the Act // 16 USC 460l-5, 460l-7 -
460l-10, 460l-10d, 470b, 470c, 470f, 470h, 470i, 470l,-470t. //
establishing an Advisory Council on Historic Preservation, Public Law 94
- 422, // 5 USC 5316, 30 USC 191. // $1,632,000: Provided, That none
of these funds shall be available for the compensation of Executive
Level V or higher positions.
For necessary expenses, as authorized by the National Capital
Planning Act of 1952 (40 U.S.C. 71 - 71i), including services as
authorized by 5 U.S.C. 3109; and uniforms or allowances therefor, as
authorized by law (5 U.S.C. 5901 - 5902), $2,361,000.
For necessary expenses of the Franklin Delano Roosevelt Memorial
Commission, established by the Act of August 11, 1955 (69 Stat. 694), as
amended by Public Law 92 - 332 (86 Stat. 401), $30,000, to remain
available for obligation until September 30, 1983.
For necessary expenses, as authorized by section 17(a) of Public Law
92 - 578, // 40 USC 885. // as amended, $2,340,000 for operating and
administrative expenses of the Corporation.
The Pennsylvania Avenue Development Corporation is authorized to
borrow from the Treasury of the United States $2,500,000, pursuant to
the terms and conditions specified in paragraph 10, section 6, of Public
Law 92 - 578. // 40 USC 875. //
For public development activities and projects in accordance with the
development plan as authorized by section 17(b) of Public Law 92 - 578,
// 40 USC 885. // as amended, $14,200,000 to remain available for
obligation until expended.
For necessary expenses of the Federal Inspector for the Alaska Gas
Pipeline, $28,568,000, of which not to exceed $3,000 may be used for
official reception and representation expenses.
For expenses of the Holocaust Memorial Council, as authorized by
Public Law 96 - 388, // 36 USC 1401 - 1408. // $800,000.
Sec. 301. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, pursuant to 5 U.S.
C. 3109, shall be limited to those contracts where such expenditures are
a matter of public record and available for public inspection, except
where otherwise provided under existing law, or under existing Executive
Order issued pursuant to existing law.
Sec. 302. No part of any appropriation under this Act shall be
available to the Secretaries of the Interior and Agriculture for use for
any sale hereafter made of unprocessed timber from Federal lands west of
the 100th meridian in the contiguous 48 States which will be exported
from the United States, or which will be used as a substitute for timber
from private lands which is exported by the purchaser: Provided, That
this limitation shall not apply to specific quantities of grades and
species of timber which said Secretaries determine are surplus to
domestic lumber and plywood manufacturing needs.
Sec. 303. No part of any appropriation under this Act shall be
available to the Secretary of the Interior or the Secretary of
Agriculture for the leasing of oil and natural gas by noncompetitive
bidding on publicly owned lands within the boundaries of the Shawnee
National Forest, Illinois: Provided, That nothing herein is intended to
inhibit or otherwise affect the sale, lease, or right to access to
minerals owned by private individuals.
Sec. 304. No part of any appropriation contained in this Act shall
be available for any activity or the publication or distribution of
literature that in any way tends to promote public support or opposition
to any legislative proposal on which congressional action is not
complete, in accordance with 18 U.S.C. 1913.
Sec. 305. No funds appropriated by this Act shall be available for
the implementation or enforcement of any rule or regulation of the
United States Fish and Wildlife Service, Department of the Interior,
requiring the use of steel shot in connection with the hunting of
waterfowl in any State of the United States unless the appropriate State
regulatory authority approves such implementation and enforcement.
Sec. 306. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 307. No part of any appropriation contained in this Act shall
be available to implement, administer, or enforce any regulation which
has been disapproved pursuant to a resolution of disapproval duly
adopted in accordance with the applicable law of the United States.
Sec. 308. None of the funds provided in this Act to any department
or agency shall be obligated or expended to provide a personal cook,
chauffeur, or other personal servants to any officer or employee of such
department or agency.
Sec. 309. None of the funds provided in this Act to any department
or agency shall be obligated or expended to purchase passenger
automobiles as defined in 15 U.S.C. 2001 with an EPA estimated m.p.g.
average of less than 22 miles per gallon.
Approved December 23, 1981.
LEGISLATIVE HISTORY-H.R. 4035:
HOUSE REPORTS: No. 97 - 163 (Comm. on Appropriations) and No. 97 -
315 (Comm. of Conference).
SENATE REPORT No. 97 - 166 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 127 (1981):
July 13, 21, 22, considered and passed House.
Oct. 23, 26, 27, considered and passed Senate, amended.
Nov. 12, House agreed to conference report; concurred in
certain Senate amendments.
Dec. 10, Senate agreed to conference report; concurred in
House amendments with an amendment; House concurred in Senate
amendment.
PUBLIC LAW 97-99, 95 STAT. 1359, MILITARY CONSTRUCTION AUTHORIZATION
ACT, 1982.
installations for fiscal year 1982, 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 " Military Construction Authorization Act, 1982".
Sec. 101. The Secretary of the Army may establish or develop
military installations and facilities by acquiring, constructing,
converting, rehabilitating, or installing permanent or temporary public
works, including land acquisition, site preparation, appurtenances,
utilities, and equipment, for the following acquisition and
construction:
Fort Bragg, North Carolina, $1,600,000.
Fort Campbell, Kentucky, $1,500,000.
Fort Carson, Colorado, $29,690,000.
Fort Drum, New York, $14,480,000.
Fort Greely, Alaska, $1,150,000.
Fort Hood, Texas, $28,710,000.
Fort Irwin, California, $43,350,000.
Fort Lewis, Washington, $6,700,000.
Fort George G. Meade, Maryland, $3,350,000.
Fort Polk, Louisiana, $630,000.
Fort Riley, Kansas, $4,640,000.
Fort Stewart/ Hunter Army Air Field, Georgia, $28,500,000.
Fort J.M. Wainwright, Alaska, $1,200,000.
Presidio of San Francisco, California, $520,000.
Carlisle Barracks, Pennsylvania, $620,000.
Fort Belvoir, Virginia, $3,600,000.
Fort Benjamin Harrison, Indiana, $5,120,000.
Fort Benning, Georgia, $21,810,000.
Fort Bliss, Texas, $3,700,000.
Fort Dix, New Jersey, $28,040,000.
Fort Eustis, Virginia, $8,280,000.
Fort Knox, Kentucky, $620,000.
Fort Leavenworth, Kansas, $670,000.
Fort Lee, Virginia, $9,870,000.
Fort Mc Clellan, Alabama, $4,780,000.
Fort Pickett, Virginia, $640,000.
Fort Rucker, Alabama, $5,210,000.
Fort Sill, Oklahoma, $4,650,000.
Fort Story, Virginia, $1,050,000.
READINESS
COMMAND
Aberdeen Proving Ground, Maryland, $4,200,000.
Army Materials and Mechanics Research Center, Massachusetts,
$1,200,000.
Corpus Christi Army Depot, Texas, $840,000.
Crane Army Ammunition Plant Activity, Indiana, $540,000.
Fort Monmouth, New Jersey, $26,000,000.
Lexington-Blue Grass Army Depot, Kentucky, $1,450,000.
Red River Army Depot, Texas, $2,720,000.
Redstone Arsenal, Alabama, $4,750,000.
Rock Island Arsenal, Illinois, $4,000,000.
Savanna Army Ammunition Depot, Illinois, $3,600,000.
Tobyhanna Army Depot, Pennsylvania, $1,800,000.
Tooele Army Depot, Utah, $1,500,000.
Holston Army Ammunition Plant, Tennessee, $2,627,000.
Indiana Army Ammunition Plant, Indiana, $2,453,000.
Iowa Army Ammunition Plant, Iowa, $18,599,000.
Kansas Army Ammunition Plant, Kansas, $4,344,000.
Lake City Army Ammunition Plant, Missouri, $604,000.
Longhorn Army Ammunition Plant, Texas, $257,000.
Milan Army Ammunition Plant, Tennessee, $1,984,000.
Newport Army Ammunition Plant, Indiana, $728,000.
Radford Army Ammunition Plant, Virginia, $17,390,000.
Fort Myer, Virginia, $820,000.
Fort Ritchie, Maryland, $920,000.
United States Military Academy, West Point, New York, $7,700,000.
Fort Detrick, Maryland, $1,450,000.
Walter Reed Army Medical Center, District of Columbia, $6,250,000.
Bayonne Terminal, New Jersey, $2,800,000.
Sunny Point Army Terminal, North Carolina, $880,000.
Various Locations, $1,950,000.
Various Locations, $62,320,000.
Egypt, $36,000,000.
National Missile Range, $3,240,000.
Kawakami, Japan, $1,950,000.
Germany, $267,596,000.
Turkey, $20,800,000.
Korea, $1,550,000.
Turkey, $2,550,000.
Sec. 102. The Secretary of the Army may establish or develop
installations and facilities by proceeding with construction made
necessary by changes in missions and responsibilities which have been
occasioned by (1) unforeseen security considerations, (2) new weapons
developments, (3) new and unforeseen research and development
requirements, (4) improved production schedules, or (5) revisions in the
tasks or functions assigned to a military installation or facility or
for environmental considerations, if the Secretary of Defense determines
that deferral of such construction for inclusion in the next Military
Construction Authorization Act would be inconsistent with interests of
national security and, in connection therewith, may acquire, construct,
convert, rehabilitate, or install permanent or temporary public works,
including land acquisition, site preparation, appurtenances, utilities,
and equipment in the total amount of $20,000,000. The Secretary of the
Army, or the Secretary's designee, shall notify the Committees on Armed
Services of the Senate and House of Representatives, immediately upon
reaching a final decision to implement, of the cost of construction of
any public work undertaken under this section, including those real
estate actions pertaining thereto. This authorization shall expire on
October 1, 1982, or on the date of the enactment of the Military
Construction Authorization Act for fiscal year 1983, whichever is later,
except for those public works projects concerning which the Committees
on Armed Services of the Senate and House of Representatives have been
notified pursuant to this section before such date.
Sec. 103. The Secretary of the Army is authorized to accomplish
minor construction projects under section 2674 of title 10, United
States Code, in the amount of $34,150,000.
Sec. 104. (a) Section 602(1) of the Military Construction
Authorization Act, 1980 (Public Law 96 - 125; 93 Stat. 941), is amended
to read as follows:
"(1) for title I: inside the United States $591,785,000;
outside the United States $162,950,000; minor construction
$52,270,000; for a total of $807,005,000.".
(b) Section 602(1) of the Military Construction Authorization Act,
1981 (Public Law 96 - 418; 94 Stat. 1768), is amended to read as
follows:
"(1) for title I: inside the United States $590,440,000;
outside the United States $248,140,000; minor construction
$44,560,000; for a total of $883,140,000.".
Sec. 201. The Secretary of the Navy may establish or develop
military installations and facilities by acquiring, constructing,
converting, rehabilitating, or installing permanent or temporary public
works, including land acquisition, site preparation, appurtenances,
utilities, and equipment for the following acquisition and construction:
Marine Corps Logistics Base, Barstow, California, $4,700,000.
Marine Corps Base, Camp Lejeune, North Carolina, $26,250,000.
Marine Corps Base, Camp Pendleton, California, $18,550,000.
Marine Corps Air Station, Cherry Point, North Carolina, $3,700,000.
Marine Corps Air Station, El Toro, California, $12,400,000.
Marine Corps Air Station, Kaneohe Bay, Hawaii, $2,650,000.
Marine Corps Air Station, New River, North Carolina, $5,060,000.
Marine Corps Bases Pacific, Camp H.M. Smith, Oahu, Hawaii,
$2,900,000.
Marine Corps Recruit Depot, Parris Island, South Carolina,
$13,400,000.
Marine Corps Development and Education Command, Quantico, Virginia,
$13,560,000.
Marine Corps Recruit Depot, San Diego, California, $1,300,000.
Marine Corps Air Station (Helicopter), Tustin, California,
$7,600,000.
Marine Corps Air-Ground Combat Center, Twentynine Palms, California,
$5,450,000.
Marine Corps Air Station, Yuma, Arizona, $3,450,000.
Naval Ocean Research and Development Activity, Bay Saint Louis,
Mississippi, $5,900,000.
Naval Research Laboratory, Washington, District of Columbia,
$6,800,000.
Naval Submarine Base, Bangor, Bremerton, Washington, $19,150,000.
Naval Submarine Support Base, Kings Bay, Kingsland, Georgia,
$65,060,000.
Naval Air Station, Brunswick, Maine, $12,800,000.
Naval Air Station, Cecil Field, Florida, $21,700,000.
Naval Station, Charleston, South Carolina, $21,660,000.
Naval Submarine Base, New London, Groton, Connecticut, $15,650,000.
Naval Submarine Support Facility, New London, Groton, Connecticut,
$3,300,000.
Naval Air Station, Jacksonville, Florida, $6,380,000.
Naval Amphibious Base, Little Creek, Virginia, $27,950,000.
Naval Station, Mayport, Florida, $2,000,000.
Naval Station, Norfolk, Virginia, $46,100,000.
Naval Air Station, Oceana, Virginia, $18,760,000.
Naval Station, Adak, Alaska, $1,550,000.
Naval Air Station, Barbers Point, Hawaii, $9,650,000.
Naval Air Station, Fallon, Nevada, $18,300,000.
Naval Air Station, Lemoore, California, $2,200,000.
Naval Station, Long Beach, California, $22,000,000.
Naval Air Station, Moffett Field, California, $2,000,000.
Naval Air Station, North Island, California, $13,240,000.
Naval Station, Pearl Harbor, Hawaii, $9,920,000.
Naval Submarine Base, Pearl Harbor, Hawaii, $13,350,000.
Naval Air Station, Chase Field, Texas, $3,230,000.
Fleet Combat Training Center, Atlantic, Dam Neck, Virginia,
$4,600,000.
Naval Training Center, Great Lakes, Illinois, $11,800,000.
Naval Explosive Ordnance Disposal School, Indian Head, Maryland,
$3,300,000.
Naval Air Station, Memphis, Millington, Tennessee, $11,000,000.
Naval Air Station, Meridian, Mississippi, $2,600,000.
Naval Education and Training Center, Newport, Rhode Island,
$1,900,000.
Naval Justice School, Newport, Rhode Island, $1,500,000.
Naval Training Center, Orlando, Florida, $6,880,000.
Naval Air Station, Pensacola, Florida, $14,100,000.
Fleet Combat Training Center, Pacific, San Diego, California,
$6,800,000.
Naval Training Center, San Diego, California, $1,150,000.
Naval Regional Medical Clinic, Annapolis, Maryland, $3,560,000.
Natonional Naval Medical Center, Bethesda, Maryland, $1,100,000.
Pacific Missile Range Facility, Barking Sands, Hawaii, $8,100,000.
David W. Taylor Naval Ship Research and Development Center, Bethesda,
Maryland, $5,050,000.
Puget Sound Naval Shipyard, Bremerton, Washington, $164,600,000.
Charleston Naval Shipyard, Charleston, South Carolina, $20,650,000.
Naval Supply Center, Charleston, South Carolina, $4,200,000.
Naval Weapons Station, Charleston, South Carolina, $1,390,000.
Naval Air Rework Facility, Cherry Point, North Carolina, $2,800,000.
Naval Weapons Center, China Lake, California, $4,400,000.
Naval Weapons Station, Concord, California, $1,280,000.
Naval Weapons Support Center, Crane, Indiana, $3,500,000.
Naval Surface Weapons Center, Dahlgren, Virginia, $4,900,000.
Naval Construction Battalion Center, Gulfport, Mississippi, $680,000.
Naval Ordnance Station, Indian Head, Maryland, $26,100,000.
Naval Air Rework Facility, Jacksonville, Florida, $25,620,000.
Naval Undersea Warfare Engineering Station, Keyport, Washington,
$8,300,000.
Portsmouth Naval Shipyard, Kittery, Maine, $2,900,000.
Naval Air Engineering Center, Lakehurst, New Jersey, $3,178,000.
Naval Underwater Systems Center Detachment, New London, Connecticut,
$3,100,000.
Naval Air Rework Facility, Norfolk, Virginia, $18,650,000.
Naval Supply Center, Norfolk, Virginia, $6,200,000.
Naval Public Works Center, Norfolk, Virginia, $2,400,000.
Naval Supply Center, Oakland, California, $2,420,000.
Naval Air Test Center, Patuxent River, Maryland, $3,600,000.
Naval Supply Center, Pearl Harbor, Hawaii, $520,000.
Navy Public Works Center, Pearl Harbor, Hawaii, $13,700,000.
Pearl Harbor Naval Shipyard, Pearl Harbor, Hawaii, $14,100,000.
Navy Public Works Center, Pensacola, Florida, $2,800,000.
Philadelphia Naval Shipyard, Philadelphia, Pennsylvania, $17,030,000.
Norfolk Naval Shipyard, Portsmouth, Virginia, $6,050,000.
Naval Air Rework Facility, North Island, San Diego, California,
$1,150,000.
Naval Supply Center, San Diego, California, $2,350,000.
Naval Weapons Station, Seal Beach, California, $520,000.
Naval Air Propulsion Center, Trenton, New Jersey, $720,000.
Mare Island Naval Shipyard, Vallejo, California $27,700,000.
Naval Surface Weapons Center Detachment, White Oak, Maryland,
$4,450,000.
Naval Communication Area Master Station Eastern Pacific, Honolulu,
Hawaii, $2,300,000.
Naval Communications Station, Stockton, California, $830,000.
Naval Security Group Activity, Adak, Alaska, $5,510,000.
Circle Transit Station, Blenheim, New Zealand, $1,250,000.
Defense Installations, Mariana Islands, $32,000,000.
Naval Facility, Brawdy, Wales, United Kingdom, $2,800,000.
Naval Station, Keflavik, Iceland, $2,350,000.
Naval Air Station, Cubi Point, Republic of the Philippines,
$12,150,000.
Naval Support Facility, Diego Garcia, Indian Ocean, $122,750,000.
Naval Activities, Kenya, $4,000,000.
Naval Activities, Somalia, $24,000,000.
Naval Ship Repair Facility, Subic Bay, Republic of the Philippines,
$580,000.
Naval Station, Subic Bay, Republic of the Philippines, $6,800,000.
Fleet Activities, Yokosuka, Japan, $1,250,000.
Naval Station, Rota, Spain, $4,300,000.
Naval Air Facility, Sigonella, Italy, $17,100,000.
Naval Communications Station, Ponce, Puerto Rico, $1,600,000.
Naval Security Group Activity, Edzell, Scotland, United Kingdom,
$3,515,000.
Sec. 202. The Secretary of the Navy may establish or develop
installations and facilities by proceeding with construction made
necessary by changes in missions and responsibilities which have been
occasioned by (1) unforeseen security considerations, (2) new weapons
developments, (3) new and unforeseen research and development
requirements, (4) improved production schedules, or (5) revisions in the
tasks or functions assigned to a military installation or facility or
for environmental considerations, if the Secretary of Defense determines
that deferral of such construction for inclusion in the next Military
Construction Authorization Act would be inconsistent with interests of
national security and, in connection therewith, may acquire, construct,
convert, rehabilitate, or install permanent or temporary public works,
including land acquisition, site preparation, appurtenances, utilities,
and equipment in the total amont of $20,000,000. The Secretary of the
Navy, or the Secretary's designee, shall notify the Committees on Armed
Services of the Senate and House of Representatives, immediately upon
reaching a final decision to implement, of the cost of construction of
any public work undertaken under this section, including those real
estate actions pertaining thereto. This authorization shall expire on
October 1, 1982, or on the date of the enactment of the Military
Construction Authorization Act for fiscal year 1983, whichever is later,
except for those public works projects concerning which the Committees
on Armed Services of the Senate and House of Representatives have been
notified pursuant to this section before such date.
Sec. 203. The Secretary of the Navy is authorized to accomplish
minor construction projects under section 2674 of title 10, United
States Code, in the amount of $33,320,000.
Sec. 204. The Secretary of the Navy may acquire lands or interests
in lands necessary to ensure unhampered air operations at the Naval Air
Station, Key West, Florida, by exchange of Government-owned land of
equal value to the lands or interests in lands acquired.
CAROLINA
Sec. 205. (a) The Secretary of the Navy may, in order to supply
needed steam or needed steam and electricity to the Naval Station,
Charleston, South Carolina--,
(1) construct steam lines and all other needed facilities to
tie into the waste heat recovery boilers of the Macalloy
Corporation (a corporation incorporated under the laws of the
State of Delaware), and
(2) contract with such corporation to supply steam or both
steam and electricity to such naval station,
if the Secretary determines that such construction and contract would be
cost effective using accepted life-cycle costing procedures.
(b) Before entering into a contract with the Macalloy Corporation for
the supply of steam or both steam and electricity, the Secretary of the
Navy shall submit a report on the costs associated with such contract
(including the life-cycle cost analyses to support his proposal) to the
Committees on Armed Services of the Senate and House of Representatives.
The Secretary may then enter into such contract with the Macalloy
Corporation after thirty days have elapsed from the date of receipt by
such committees of such report or after both committees have indicated
approval of such report.
(c) The authority of the Secretary to enter into a contract under
this section is subject to the availability of appropriations for that
purpose.
Sec. 301. The Secretary of the Air Force may establish or develop
military installations and facilities by acquiring, constructing,
converting, rehabilitating, or installing permanent or temporary public
works, including land acquisition, site preparation, appurtenances,
utilities, and equipment, for the following acquisition and
construction:
Kelly Air Force Base, Texas, $3,550,000.
Mc Clellan Air Force Base, California, $18,830,000.
Robins Air Force Base, Georgia, $6,890,000.
Tinker Air Force Base, Oklahoma, $31,520,000.
Wright-Patterson Air Force Base, Ohio, $120,150,000.
Arnold Engineering Development Center, Tennessee, $1,690,000.
Brooks Air Force Base, Texas, $3,110,000.
Buckley Air National Guard Base, Colorado, $14,000,000.
Cape Canaveral Air Force Station, Florida, $1,810,000.
Eglin Air Force Base, Florida, $4,100,000.
Los Angeles Air Force Station, California, $2,370,000.
Patrick Air Force Base, Florida, $2,950,000.
Sunnyvale Air Force Station, California, $7,250,000.
Chanute Air Force Base, Illinois, $4,120,000.
Columbus Air Force Base, Mississippi, $510,000.
Keesler Air Force Base, Mississippi, $8,480,000.
Laughlin Air Force Base, Texas, $1,090,000.
Lowry Air Force Base, Colorado, $2,840,000.
Mather Air Force Base, California, $1,520,000.
Randolph Air Force Base, Texas, $3,360,000.
Reese Air Force Base, Texas, $1,140,000.
Sheppard Air Force Base, Texas, $10,745,000.
Vance Air Force Base, Oklahoma, $2,840,000.
Williams Air Force Base, Arizona, $2,600,000.
Eielson Air Force Base, Alaska, $1,700,000.
Elmendorf Air Force Base, Alaska, $7,240,000.
King Salmon Airport, Alaska, $8,050,000.
Various Locations, Alaska, $42,750,000.
Altus Air Force Base, Oklahoma, $6,650,000.
Andrews Air Force Base, Maryland, $4,940,000.
Charleston Air Force Base, South Carolina, $630,000.
Kirtland Air Force Base, New Mexico, $7,510,000.
Little Rock Air Force Base, Arkansas, $790,000.
Mc Chord Air Force Base, Washington, $1,180,000.
Mc Guire Air Force Base, New Jersey, $2,680,000.
Norton Air Force Base, California, $20,000,000.
Pope Air Force Base, North Carolina, $5,510,000.
Scott Air Force Base, Illinois, $5,450,000.
Travis Air Force Base, California, $3,790,000.
NORAD Cheyenne Mountain Complex, Colorado, $11,000,000.
Hickam Air Force Base, Hawaii, $1,090,000.
Barksdale Air Force Base, Louisiana, $3,000,000.
Blytheville Air Force Base, Arkansas, $20,440,000.
Carswell Air Force Base, Texas, $39,810,000.
Castle Air Force Base, California, $2,000,000.
Dyess Air Force Base, Texas, $1,420,000.
Ellsworth Air Force Base, South Dakota, $36,880,000.
Francis E. Warren Air Force Base, Wyoming, $720,000.
Fairchild Air Force Base, Washington, $25,800,000.
Grand Forks Air Force Base, North Dakota, $1,420,000.
Griffiss Air Force Base, New York, $8,390,000.
Grissom Air Force Base, Indiana, $4,070,000.
K.I. Sawyer Air Force Base, Michigan, $4,370,000.
Loring Air Force Base, Maine, $12,340,000.
March Air Force Base, California, $1,705,000.
Mc Connell Air Force Base, Kansas, $1,090,000.
Minot Air Force Base, North Dakota, $7,406,000.
Offutt Air Force Base, Nebraska, $4,060,000.
Pease Air Force Base, New Hampshire, $6,840,000.
Peterson Air Force Base, Colorado, $4,260,000.
Plattsburgh Air Force Base, New York, $890,000.
Rickenbacker Air Force Base, Indiana, $540,000.
Vandenberg Air Force Base, California, $9,000,000.
Whiteman Air Force Base, Missouri, $1,090,000.
Wurtsmith Air Force Base, Michigan, $2,270,000.
Bergstrom Air Force Base, Texas, $2,580,000.
Cannon Air Force Base, New Mexico, $2,700,000.
Davis-Monthan Air Force Base, Arizona, $12,460,000.
England Air Force Base, Louisiana, $2,170,000.
George Air Force Base, California, $2,460,000.
Holloman Air Force Base, New Mexico, $7,480,000.
Homestead Air Force Base, Florida, $2,480,000.
Hurlburt Field, Florida, $510,000.
Langley Air Force Base, Virginia, $10,220,000.
Luke Air Force Base, Arizona, $520,000.
Mac Dill Air Force Base, Florida, $16,960,000.
Moody Air Force Base, Georgia, $650,000.
Mountain Home Air Force Base, Idaho, $3,410,000.
Myrtle Beach Air Force Base, South Carolina, $7,130,000.
Nellis Air Force Base, Nevada, $6,870,000.
Seymour-Johnson Air Force Base, North Carolina, $1,420,000.
Tyndall Air Force Base, Florida, $510,000.
United States Air Force Academy, Colorado, $510,000.
Lajes Field, Portugal, $46,570,000.
Rhein-Main Air Base, Germany, $1,200,000.
Clark Air Base, Republic of the Philippines, $9,330,000.
Diego Garcia Air Base, Indian Ocean, $114,990,000.
Hampyong Communication Station, Korea, $1,540,000.
Hunghae Communication Station, Korea, $1,500,000.
Kadena Air Base, Japan, $17,490,000.
Kunsan Air Base, Korea, $12,380,000.
Kwang-Ju Air Base, Korea, $6,650,000.
Osan Air Base, Korea, $26,720,000.
Various Locations, $1,250,000.
Thule Air Base, Greenland, $1,600,000.
Egypt, Various Locations, $70,400,000.
Germany, Various Locations, $13,424,000.
San Vito Air Station, Italy, $1,540,000.
Camp New Amsterdam, Netherlands, $4,860,000.
Hellenikon, Greece, $800,000.
Oman, Various Locations, $78,480,000.
Spain, Various Locations, $5,390,000.
Incirlik Air Base, Turkey, $1,160,000.
Turkey, Various Locations, $4,000,000.
United Kingdom, Various Locations, $26,190,000.
Various Locations, $113,086,000.
Sec. 302. The Secretary of the Air Force may establish or develop
installations and facilities by proceeding with construction made
necessary by changes in missions and responsibilities which have been
occasioned by (1) unforeseen security considerations, (2) new weapons
developments, (3) new and unforeseen research and development
requirements, (4) improved production schedules, or (5) revisions in the
tasks or functions assigned to a military installation or facility or
for environmental considerations, if the Secretary of Defense determines
that deferral of such construction for inclusion in the next Military
Construction Authorization Act would be inconsistent with interests of
national security and, in connection therewith, may acquire, construct,
convert, rehabilitate, or install permanent or temporary public works,
including land acquisition, site preparation, appurtenances, utilities,
and equipment in the total amount of $20,000,000. The Secretary of the
Air Force, or the Secretary's designee, shall notify the Committees on
Armed Services of the Senate and House of Representatives, immediately
upon reaching a final decision to implement, of the cost of construction
of any public work undertaken under this section, including those real
estate actions pertaining thereto. This authorization shall expire on
October 1, 1982, or on the date of the enactment of the Military
Construction Authorization Act of fiscal year 1983, whichever is later,
except for those public works projects concerning which the Committees
on Armed Services of the Senate and House of Representatives have been
notified pursuant to this section before such date.
Sec. 303. The Secretary of the Air Force is authorized to accomplish
minor construction projects under section 2674 of title 10, United
States Code, in the amount of $28,680,000.
Sec. 304. Section 602(3) of the Military Construction Authorization
Act, 1977 (Public Law 94 - 431; 90 Stat. 1361) is amended to read as
follows:
"(3) for title III: inside the United States $759,759,000;
outside the United States $56,650,000; for a total of
$816,409,000.".
AGENCIES
Sec. 401. The Secretary of Defense may establish or develop military
installations and facilities by acquiring, constructing, converting,
rehabilitating, or installing permanent or temporary public works,
including land acquisition, site preparation, appurtenances, utilities,
and equipment, for defense agencies for the following acquisition and
construction:
Bolling Air Force Base, District of Columbia, $72,500,000.
Defense Construction Supply Center, Columbus, Ohio, $680,000.
Defense Depot, Tracy, California, $554,000.
Defense Depot, Mechanicsburg, Pennsylvania, $2,050,000.
Defense Depot, Memphis, Tennessee, $5,220,000.
Defense Depot, Ogden, Utah, $2,670,000.
Defense Fuel Support Point, Grand Forks, North Dakota, $1,690,000.
Defense Fuel Support Point, Pearl City, Hawaii, $3,600,000.
Defense General Supply Center, Richmond, Virginia, $5,600,000.
Defense Property Disposal Office, Fort Bragg, North Carolina,
$2,800,000.
Aerospace Center, Saint Louis, Missouri, $10,750,000.
American Forces Radio and Television Service, Los Angeles,
California, $6,125,000.
Fort George G. Meade, Maryland, $57,596,000.
Classified Activity, Classified Location, $10,000,000.
Classified Activity, Fort Belvoir, Virginia, $2,100,000.
Patch Barracks, Vaihingen, Germany, $900,000.
Defense Fuel Support Point, Wake Island, $14,500,000.
Defense Property Disposal Office, Kaiserslautern, Germany,
$1,210,000.
Classified Activity, Classified Location, $2,000,000.
Croughton Royal Air Force Station, United Kingdom, $13,700,000.
Dexheim, Germany, $800,000.
Fulda, Germany, $8,590,000.
Landstuhl Air Base, Germany, $5,030,000.
Misawa Air Base, Japan, $6,180,000.
Naval Station, Guantanamo Bay, Cuba, $5,900,000.
Pusan, Korea, $2,460,000.
Schwaebisch Hall, Germany, $640,000.
Seoul, Korea, $4,350,000.
Vilseck, Germany, $8,120,000.
Yokota Air Base, Japan, $3,290,000.
Sec. 402. The Secretary of Defense may establish or develop
installations and facilities which he determines to be vital to the
security of the United States and, in connection therewith, may acquire,
construct, convert, rehabilitate, or install permanent or temporary
public works, including land acquisition, site preparation,
appurtenances, utilities, and equipment in the total amount of
$15,000,000. The Secretary of Defense, or the Secretary's designee,
shall notify the Committees on Armed Services of the Senate and House of
Representatives, immediately upon reaching a final decision to
implement, of the cost of construction of any public work undertaken
under this section, including real estate actions pertaining thereto.
Sec. 403. The Secretary of Defense is authorized to accomplish minor
construction projects under section 2674 of title 10, United States
Code, in the amount of 6,210,000.
Sec. 501. (a) The Secretary of Defense is authorized to incur
obligations in amounts not to exceed $345,000,000 for the United States
share of the cost of multilateral programs for the acquisition or
construction of military facilities and installations (including
international military headquarters) for the collective defense of the
North Atlantic Treaty Area.
(b) Within thirty days after the end of each calendar-year quarter,
the Secretary of Defense shall furnish to the Committees on Armed
Services and on Appropriations of the Senate and House of
Representatives a description of obligations incurred by the United
States during the preceding quarter for the United States share of the
cost of such multilateral programs.
Sec. 601. (a) The Secretary of Defense, or the Secretary's designee,
is authorized to construct or acquire sole interest in existing family
housing units in the numbers and at the locations hereinafter named, but
no family housing construction shall be commenced at any such location
in the United States until the Secretary shall have consulted with the
Secretary of Housing and Urban Development as to the availability of
suitable private housing at such location. If agreement cannot be
reached with respect to the availability of suitable private housing at
any location, the Secretary of Defense shall notify the Committees on
Armed Services of the Senate and House of Representatives, in writing,
of such difference of opinion, and no contract for construction at such
location shall be entered into for a period of thirty days after such
notification has been given. This authority shall include the authority
to acquire land, and interests in land, by gift, purchase, exchange of
Government-owned land, or otherwise. The Secretary of Defense is
authorized to acquire less than sole interest in existing family housing
units in foreign countries when determined to be in the best interests
of the Government.
(b) With respect to the family housing units authorized to be
constructed by this section, the Secretary of Defense is authorized to
acquire sole interest in privately owned or Department of Housing and
Urban Development-held family housing units in lieu of constructing all
or a portion of the family housing authorized by this section, if the
Secretary, or the Secretary's designee, determines such action to be in
the best interests of the United States, but any family housing units
acquired under authority of this subsection shall not exceed the cost
limitations specified in this section for the project nor the
limitations on size specified in section 2684 of title 10, United States
Code. In no case may family housing units be acquired under this
subsection through the exercise of eminent domain authority, and in no
case may family housing units other than those authorized by this
section be acquired in lieu of construction unless the acquisition of
such units is hereafter specifically authorized by law.
(c) Family Housing units:
Marine Corps Air Station, El Toro, California, two hundred and
twelve units, $15,540,000.
Fort Irwin, California, four hundred and fifty-four units,
$32,055,000.
Naval Complex, San Diego, California, two hundred and ninety
units, $25,350,000.
Naval Submarine Support Base, Kings Bay, Georgia, one hundred
and sixty-five units, $12,740,000.
Picatinny Arsenal, New Jersey, twenty-six units, $2,141,000.
Fort Drum, New York, two hundred and thirty-two units,
$15,865,000.
Naval Air Station, Chase Field, Texas, eighty-eight units,
$6,360,000.
Incirlik Air Base, Turkey, four hundred units, $29,000,000.
Greenham-Common, United Kingdom, two hundred and seventy units,
$27,200,000.
Classified Location Overseas, six units, $765,000.
(d) The amounts specified in this section may, at the discretion of
the Secretary of Defense, or the Secretary's designee, be increased by
10 percent, if he determines that such increase (1) is required for the
sole purpose of meeting unusual variations in cost, and (2) could not
have been reasonably anticipated at the time such estimate was submitted
to the Congress. The amounts authorized include the costs of shades,
screens, ranges, refrigerators, and all other installed equipment and
fixtures, the cost of the family housing unit, supervision, inspection,
overhead, land acquisition, site preparation, installation of utilities,
and solar energy systems.
Sec. 602. (a) The Secretary of Defense, or the Secretary's designee,
is authorized to accomplish alterations, additions, expansions, or
extensions, not otherwise authorized by law, to existing public quarters
at a cost not to exceed $109,819,000 of which $44,878,000 shall be
available only for energy conservation projects.
(b) The Secretary of Defense, or the Secretary's designee, within the
amount specified in subsection (a), is authorized to accomplish repairs
and improvements to existing family housing in amounts in excess of the
dollar limitation prescribed in section 610(a) of the Military
Construction Authorization Act, 1968 (42 U.S.C. 1594h-2), as follows:
Marine Corps Air Ground Combat Center, Twentynine Palms,
California, one hundred and thirty-five units, $2,897,300.
Navy Public Works Center, Honolulu, Hawaii, one hundred units,
$3,190,000.
Chanute Air Force Base, Illinois, two hundred and twenty-two
units, $4,662,000.
Fort Knox, Kentucky, one hundred units, $2,851,000.
Nellis Air Force Base, Nevada, two hundred thirty-six units,
$4,956,000.
Kirtland Air Base, New Mexic, one hundred and fifty-five five
units, $3,875,000.
Offutt Air Force Base, Texas, eighty units, $1,599,000.
Randolph Air Force Base, Texas, one hundred and sixty-seven
units, $3,839,000.
Fort Lewis, Washington, fifty-eight units, $1,378,000.
Mildenhall, United Kingdom, thirty units, $1,511,600.
Upper Heyford, United Kingdom, twelve units, $648,400.
Sec. 603. The Secretary of Defense may carry out advance planning
and construction design and may obtain architectural and engineering
services in connection with any family housing construction, including
improvements, authorized or not otherwise authorized by law at a total
cost of not to exceed $9,100,000.
Sec. 604. Section 2675(d) of title 10, United States Code, is
amended--,
(1) by striking out "150" in paragraph (1) and inserting in
lieu thereof "250"; and
(2) by striking out "17,000" in paragraph (2) and inserting in
lieu thereof "22,000".
Sec. 605. (a) There is authorized to be appropriated for fiscal year
1982 for use by the Secretary of Defense, or the Secretary's designee,
for military family housing as authorized by law for the following
purposes:
(1) For construction or acquisition of family housing,
including minor construction, improvements to public quarters,
relocation of family housing, and planning, and amount not to
exceed $285,935,000.
(2) For support of military family housing, including operating
expenses, leasing, maintenance of real property, payments of
principal and interest on mortgage debts incurred, payment to the
Commodity Credit Corporation, and mortgage insurance premiums
authorized under section 222 of the National Housing Act (12
U.S.C. 1715m), an amount not to exceed $2,047,801,000, of which
not more than $12,000,000 may be obligated or expended for the
leasing of military family housing in the United States, the
Commonwealth of Puerto Rico, and Guam, and of which not more than
$113,717,000 may be obligated or expended for the leasing of
military family housing in foreign countries.
(3) For homeowners assistance under section 1013 of the
Demonstration Cities and Metropolitan Development Act of 1966 (42
U.S.C. 3374), including acquisition of properties, an amount not
to exceed $2,000,000.
(b) The amounts authorized to be appropriated in subsection (a)(2)
for salary, pay, retirement, or other benefits for Federal employees may
be increased by such amounts as may be necessary for increases in such
benefits authorized by law.
Sec. 701. The Secretary of each military department may proceed to
establish or develop installations and facilities under this Act without
regard to section 3648 of the Revised Statutes (31 U.S.C. 529), and
sections 4774 and 9774 of title 10, United States Code. The authority
to place permanent or temporary improvements on land includes authority
for surveys, administration, overhead, planning, and supervision
incident to construction. That authority may be exercised before title
to the land is approved under section 355 of the Revised Statutes (40
U.S.C. 255), and even though the land is held temporarily. The
authority to acquire real estate or lands includes authority to make
surveys and to acquire land and interests in land (including temporary
use), by gift, purchase, exchange of Government-owned land, or
otherwise.
Sec. 702. There are authorized to be appropriated for fiscal years
beginning after September 30, 1981, such sums as may be necessary for
the purposes of this Act, but appropriations for public works projects
authorized by titles I, II, III, IV, and V, shall not exceed--,
(1) for title I: inside the United States $389,036,000;
outside the United States $381,534,000; minor construction
$34,150,000; for a total of $804,720,000;
(2) for title II: inside the United States $970,268,000;
outside the United States $236,445,000; minor construction
$33,320,000; for a total of $1,240,033,000;
(3) for title III: inside the United States $669,276,000;
outside the United States $560,550,000; minor construction
$28,680,000; for a total of $1,258,506,000;
(4) for title IV: a total of $282,815,000, including
$6,210,000 for minor construction; and
(5) for title V: a total of $345,000,000.
Sec. 703. (a) Overall Title Total Limitation.-Notwithstanding the
provisions of subsections (b), (c), (e), and (h), the total cost of all
construction and acquisition in each of titles I, II, III, and IV may
not exceed the total amount authorized to be appropriated in that title.
(b) Variations in Installation Totals-Unusual Variations in Cost.-
Except as provided in subsections (c) and (e), any of the amounts
specified in titles I, II, III, and IV (other than in sections 103, 203,
303, and 403) may, at the discretion of the Secretary of the military
department or Director of the defense agency concerned, be increased by
5 percent when inside the United States (other than Alaska or Hawaii),
and by 10 percent when outside the United States or in Alaska or Hawaii,
if the Secretary of the military department or Director of the defense
agency concerned determines that such increase (1) is required for the
sole purpose of meeting unusual variations in cost, and (2) could not
have been reasonably anticipated at the time such estimate was submitted
to the Congress.
(c) Variations in Installation Totals-Only One Project at an
Installation.-When the amount named for any construction or acquisition
in title I, II, III, or IV involves only one project at any military
installation and the Secretary of the military department or Director of
the defense agency concerned determines that the amount authorized must
be increased by more than the applicable percentage prescribed in
subsection (b), the Secretary of the military department or Director of
the defense agency concerned may proceed with such construction or
acquisition if the amount of the increase does not exceed by more than
25 percent the amount named for such project by the Congress.
(d) Variations in North Atlantic Treaty Organization Total.-When the
Secretary of Defense determines that the amount set forth in title V for
the United States share of the cost of the North Atlantic Treaty
Organization program must be increased, the Secretary may incur
obligations in excess of such amount if the amount of the increase does
not exceed by more than 25 percent the amount set forth in such title.
(e) Variations in Installation Totals-Reports by the Secretary of
Defense.-When the Secretary of Defense determines that any amount
specified in title I, II, III, IV, or V must be exceeded by more than
the percentages permitted in subsections (b), (c), and (d) to accomplish
authorized construction or acquisition or for contribution by the United
States as its share of the cost of the North Atlantic Treaty
Organization infrastructure program, the Secretary of Defense or the
Secretary of the military department or Director of the defense agency
concerned may proceed with such construction, acquisition, or
contribution after a written report of the facts relating to the
increase of such amount, including a statement of the reasons for such
increase, has been submitted to the Committees on Armed Services of the
Senate House of Representatives and either (1) thirty days have elapsed
from the date of submission of such report, or (2) both committees have
indicated approval of such construction, acquisition, or contribution.
Notwithstanding the provisions in prior Military Construction
Authorization Acts, the provisions of this subsection shall apply to
such prior Acts.
(f) Cost and Scope Variations of Individual Projects: Reports to
Congress.-No individual project authorized under title I, II, III, or IV
for any specifically listed military installations for which the current
working estimate is greater than the statutory upper limit for minor
construction projects may be placed under contract if--,
(1) the approved scope of the project is reduced in excess of
25 percent; or
(2) the current working estimate, based upon bids received, for
the consruction of such project exceeds by more than 25 percent
the amount authorized for such project by the Congress;
until a written report of the facts relating to the reduce scope or
increased cost of such project, including a statement of the reasons for
reduction in scope or increase in cost, has been submitted to the
Committees on Armed Services of the Senate and House of Representatives
and either thirty days have elapsed from the date of submission of such
report or both committees have indicated approval of such reduction in
scope or increase in cost, as the case may be.
(g) Annual Reports to Congress.-The Secretary of Defense, or the
Secretary's designee, shall submit an annual report to the Congress
identifying each individual project (other than a project authorized
under section 103, 203, 303, or 403) which has been placed under
contract in the preceding twelve-month period and with respect to which
the then current working estimate of the Department of Defense, based
upon bids received, for such project exceeded the amount authorized by
the Congress for that project by more than 25 percent. The Secretary
shall also include in such report each individual project with respect
to which the scope was reduced by more than 25 percent in order to
permit contract award within the available authorization for such
project. Such report shall include all pertinent cost information for
each individual project, including the amount in dollars and percentage
by which the current working estimate based on the contract price for
the project exceeded the amount authorized for such project by the
Congress.
(h) Cost and Floor Area Variations-Solar Energy.-The Secretary of
Defense shall encourage the utilization of solar energy as a source of
energy for projects authorized by this Act where utilization of solar
energy would be practical and economically feasible. In order to equip
any project authorized by this Act with solar heating equipment, solar
cooling equipment, or both solar heating and solar cooling equipment,
the Secretary of Defense may authorize increases in the cost limitations
or floor area limitations for such project by such amounts as may be
necessary for such purpose. Any increase under this subsection in the
cost or floor area of a project authorized by this Act shall be in
addition to any other increase in such cost or variation in floor area
limitations authorized by this or any other Act.
Sec. 704. Contracts for construction made by the United States for
performance within the United States and its possessions under this Act
shall be executed under the jurisdiction and supervision of the Corps of
Engineers, Department of the Army, the Naval Facilities Engineering
Command, Department of the Navy, or such other department or Government
agency as the Secretaries of the military departments recommend and the
Secretary of Defense approves to assure the most efficient, expeditious,
and cost-effective accomplishment of the construction herein authorized.
The Secretaries of the military departments shall report annually to
the President of the Senate and Speaker of the House of Representatives
a breakdown of the dollar value of construction contracts completed by
each of the several construction agencies selected together with the
design, construction supervision, and overhead fees charged by each of
the several agents in the execution of the assigned construction.
Further, such contracts (except architect and engineering contracts
which, unless specifically authorized by the Congress shall continue to
be awarded in accordance with presently established procedures, customs,
and practices) shall be awarded, insofar as practicable, on a
competitive basis to the lowest responsible bidder, if the national
security will not be impaired and the award is consistent with chapter
137 of title 10, United States Code. // 10 USC 2301 // The Secretaries
of the military departments shall report annually to the President of
the Senate and Speaker of the House of Representatives with respect to
all contracts awarded on other than a competitive basis to the lowest
responsible bidder. Such reports shall also show, in the case of the
ten architect-engineering firms which, in terms of total dollars, were
awarded the most business, the names of such firms, the total number of
separate contracts awarded each firm, and the total amount paid or to be
paid in the case of each such action under all such contracts awarded
such firm.
Sec. 705. (a) As of October 1, 1982, or the date of the enactment of
the Military Construction Authorization Act for fiscal year 1983,
whichever is later, all authorizations for military public works,
including family housing, to be accomplished by the Secretary of a
military department in connection with establishment or development of
installations and facilities, and all authorizations for appropriations
therefor, that are contained in titles I, II, III, IV, and V of the
Military Construction Authorization Act, 1981 (Public Law 96 - 418; 94
Stat. 1749), // 94 Stat. 1749, 1752, 1756, 1759, 1763. // and all such
authorizations contained in Acts approved before October 10, 1980, and
not superseded or otherwise modified by a later authorization are
repealed except--,
(1) authorizations for public works and for appropriations
therefor that are set forth in those Acts in the titles that
contain the general provisions; and
(2) authorizations for public works projects as to which
appropriated funds have been obligated for construction contracts,
land acquisition, or payments to the North Atlantic Treaty
Organization, in whole or in part, before October 1, 1982, or the
date of the enactment of the Military Construction Authorization
Act for fiscal year 1983, whichever is later, and authorizations
for appropriations therefor.
(b) Notwithstanding the repeal provisions of subsection (a) of this
section and section 605 of the Military Construction Authorization Act,
1981 (Public Law 96 - 418; 94 Stat. 1770), authorizations for the
following items authorized in section 101 of the Military Construction
Authorization Act, 1980 (Public Law 96 - 125; 93 Stat. 928) shall
remain in effect until October 1, 1983, or the date of enactment of the
Military Construction Authorization Act for fiscal year 1984, whichever
is later:
(1) Boiler Plant Emission Control System construction in the
amount of $1,900,000 at Anniston Army Depot, Alabama.
(2) Boiler Plant Emission Control System construction in the
amount of $3,000,000 at Tobyhanna Army Depot, Pennsylvania.
(3) Boiler Plant Emission Control System construction in the
amount of $2,800,000 at Fort Benjamin Harrison, Indiana.
(4) Industrial Waste Treatment Plant construction in the amount
of $1,100,000 at Riverbank Army Ammunition Plant, California.
(5) Advanced Power Train Test Facility construction in the
amount of $1,560,000 at Corpus Christi Army Depot, Texas.
(6) Ammunition Inspection and Test Facility construction in the
amount of $1,200,000 at Letterkenny Army Depot, Pennsylvania.
(7) Replace Boilers construction in the amount of $8,600,000 at
Red River Army Depot, Texas.
(8) Dental Clinic construction in the amount of $2,750,000 at
Schofield Barracks, Hawaii.
(9) Centralized Container Ammunition Facility construction in
the amount of $920,000 at Lone Star Army Ammunition Plant,
Tetexas.
(10) Indoor Athletic Facilities construction in the amount of
$12,200,000 at the United States Military Academy, West Point, New
York.
(11) Temperature-Altitude Test Facility construction in the
amount of $2,000,000 at the White Sands Missile Range, New Mexico.
(12) Water Monitor Station construction in the amount of
$220,000 at Riverbank Army Ammunition Plant, California.
(c) Notwithstanding the repeal provisions of subsection (a) of this
section and section 605 of the Military Construction Authorization Act,
1981 (Public Law 96 - 418; 94 Stat. 1770), authorization for the
construction of the Reception Station at Fort Benning, Georgia, in the
amount of $5,886,000 authorized in section 101 of the Military
Construction Authorization Act, 1978 (Public Law 95 - 82; 91 Stat.
358), as such authorization was extended in section 605 of the Military
Construction Authorization Act, 1980 (Public Law 96 - 125; 93 Stat.
945), shall remain in effect until October 1, 1983, or the date of
enactment of the Military Construction Authorization Act for fiscal year
1984, whichever is later.
(d) Notwithstanding the provisions of subsection (a) of this section
and of section 605 of the Military Construction Authorization Act, 1981
(Public Law 96 - 418; 94 Stat. 1770) authorizations for the following
items authorized in section 201 or such authorizations as were extended
in section 605 of the Military Construction Authorization Act, 1980
(Public Law 96 - 125) // 93 Stat. 944. // shall remain in effect until
October 1, 1983, or the date of enactment of the Military Construction
Authorization Act for fiscal year 1984, whichever is later:
(1) Municipal Sewer Connection construction in the amount of
$2,200,000 at the Naval Submarine Base, New London, Connecticut.
(2) Insulation and Storm Windows construction in the amount of
$2,350,000 at the Naval Weapons Station, Charleston, South
Carolina.
(3) Applied Instruction (Morse Training) Building construction
in the amount of $2,400,000 at the Naval Technical Training
Center, Pensacola, Florida.
(4) Engine Test Cell Modernization in the amount of $3,500,000
at the naval Air Rework Facility, Alameda, California.
(5) Municipal Sewer Connection construction in the amount of
$2,100,000 at the Naval Shipyard, Long Beach, California.
(6) Industrial Waste Collection and Treatment construction in
the amount of $6,500,000 at the Naval Shipyard, Long Beach,
California.
(7) Engine Test Cell Modernization in the amount of $3,200,000
at the Naval Air Rework Facility, North Island, California.
(8) Aircraft Maintenance Hanger in the amount of $1,500,000 at
the Naval Air Facility, Sigonella, Italy.
(e) Notwithstanding the repeal provisions of subsection (a) of this
section and secction 605 of the Military Construction Authorization Act,
1981 (Public Law 96 - 418; 94 Stat. 1770), authorizations for the
following items authorized in section 301 of the Military Construction
Authorization Act, 1980 (Public Law 96 - 125; 93 Stat. 934) shall
remain in effect until October 1, 1983, or the date of the enactment of
the Military Construction Authorization Act for fiscal year 1984,
whichever is later:
(1) Connect to Regional Sewage System in the amount of
$1,100,000 at Richards-Gebaur Air Force Base, Missouri.
(2) Pave roads in the amount of $690,000 at Davis-Monthan Air
Force Base, Arizona.
(3) Aircraft Maintenance Control Facility in the amount of
$850,000 at England Air Force Base, Louisiana.
(4) Composite Medical Facility in the amount of $16,500,000 at
George Air Force Base, California.
(5) Air Installation Compatible Use Zone in the amount of
$1,950,000 at Buckley Air National Guard Base, Colorado.
(6) Various Operational Facilities in the amount of $4,950,000
at Roberts International Airport, Liberia.
(7) Unaccompanied Officer Personnel Housing in the amount of
$510,000 at Taegu Air Force Base, Korea.
(8) Security Facilities in the amount of $3,485,000 at Howard
Air Base, Canal Zone.
(9) Special Operations Facilities in the amount of $2,800,000
at Various Locations Overseas.
(10) Unaccompanied Enlisted Personnel Housing in the amount of
$2,300,000 at Wright-Patterson Air Force Base, Ohio.
Sec. 706. None of the authority contained in titles I, II, III, and
IV shall be deemed to authorize any building construction projects
inside the United States in excess of a unit cost to be determined in
proportion to the appropriate area construction cost index, based on the
following unit cost limitations where the area construction index is
1.0:
(1) $53 per square foot for permanent barracks; or
(2) $57 per square foot for unaccompanied officer quarters;
unless the Secretary of Defense, or the Secretary's designee, determines
that, because of special circumstances, application to such project of
the limitation on unit cost contained in this section is impracticable.
Notwithstanding the limitations contained in prior Military Construction
Authorization Acts on unit costs, the limitations on such costs
contained in this section shall apply to all prior authorizations for
such construction not heretofore repealed and for which construction
contracts have not been awarded by the date of enactment of this Act.
Sec. 801. subject to chapter 133 of title 10, United States, Code,
// 10 USC 2231 // Secretary of Defense may establish or develop
additional facilities for the Guard and Reserve Forces, including the
acquisition of land therefor, but the cost of such facilities shall not
exceed the following amounts:
(1) For the Department of the Army--,
States,
$60,000,000; and
(2) For the Department of the Navy: for the Naval and Marine
Corps Reserves, $35,000,000.
(3) For the Department of the Air Force--,
Sec. 802. The Secretary of Defense may establish or develop
installations and facilities under this title without regard to section
3648 of the Revised Statutes (31 U.S.C. 529) and sections 4774 and 9774
of title 10, United States Code. The authority to place permanent or
temporary improvements on lands includes authority for surveys,
administration, overhead, planning, and supervision incident to
construction. That authority may be exercised before title to the land
is aproved under section 355 of the Revised Statues (40 U.S.C. 255) and
even though the land is held temporarily. The authority to acquire real
estate or land includes authority to make surveys and to acquire land
and interests in land (including temporary use), by gift, purchase,
exchange of Government-owned land, or otherwise.
GUARD
Sec. 803. Section 2233 of title 10, United States Code, is
amended--,
(1) by inserting "or by the United States" after "or convert
facilities owned by it" in subsection (a)(2); and
(2) by adding at the end of subsection (b) the following new
sentence: " Such property may be transferred to any State or
Territory, Puerto Rico, or the District of Columbia incident to
the expansion, rehabilitation, or conversion of such property
under subsection (a)(2) so long as the transfer of such property
does not result in the creation of an enclave owned by a State or
Territory, Puerto Rico, or the District of Columbia within a
Federal installation.".
WEAPONS
STORAGE FACILITIES
Sec. 804. Section 2233(a) of title 10, United States Code, is
amended--,
(1) by striking out "and" after clause (4);
(2) by striking out the period at the end of clause (5) and
inserting in lieu thereof"; and"; and
(3) by adding at the end thereof the following new clause:
"(6) contribute to any State or Territory, Puerto Rico, or the
District of Columbia such amounts for the construction,
alteration, or rehabilitation of arms storage rooms as the
Secretary determines to be required to meet a change in Department
of Defense standards related to the safekeeping of arms.".
Sec. 901. subsection (b) of section 2688 of title 10, United States
Code, is amended to read as follows:
"(b) For the purposes of this section, a solar energy system shall be
considered to be cost effective if the original investment cost
differential can be recovered over the expected life of the facility
using accepted life-cycle costing procedures. Such accepted life-cycle
costing procedures shall include the use of the sum of all capital,
operating, and maintenance expenses associated with the engery system of
the building involved over the expected life of such system or during a
period of twenty-five years, whichever is shorter, and using marginal
fuel cost as determined by the Secretary of Defense and at a discount
rate of 7 percent per year. For the purposes of a life--, cycle cost
analysis under this subsection, the original investment cost of a solar
energy system shall be reduced 10 percent as an investment cost
credit.".
Sec. 902. Section 504 of the Act of September 28, 1951 (31 U.S.C.
723), is amended--,
(1) by inserting "(1)" after "in connection with"; and
(2) by striking out the period at the end and inserting in lieu
thereof", and (2) construction management of those projects funded
by foreign governments directly or through international
organizations for which United States forces are the sole or
primary user.".
OR
NATIONAL EMERGENCY
Sec. 903. // 10 USC 140 // (a) In the event of a declaration of war
or the declaration by the President of a national emergency in
accordance with the National Emergencies Act (50 U.S.C. 1601 et seq.)
requiring use of the Armed Forces, the Secretary of Defense may, without
regard to any other provision of law, undertake military construction
necessary to support such use within the total amount of funds that have
been appropriated for military construction, including funds
appropriated for family housing, that have not been obligated.
(b) Authority under subsection (a) includes authority for (1)
acquisition of real estate and interests in land (including temporary
interests) by lease, purchase, gift, exchange of Government-owned land,
or otherwise, (2) surveys and site preparation, (3) acquistion, lease,
conversion, and rehabilitation of permanent or temporary facilities, (4)
appurtenances, supporting facilities, and utilities incident to such
construction, (5) acquisition of and installation of equipment integral
to the construction, and (6) planning, supervision, administration, and
overhead incident to such construction.
(c) The authority described in subsection (a) shall terminate at the
end of the war or the end of the national emergency, as the case may be.
(d) Whenever a decision to undertake military construction authorized
by this section is made, the Secretary of Defense shall notify the
Committees on Armed Services and on Appropriations of the Senate and
House of Representatives of the decision and the estimated cost of such
construction, including the cost of real estate actions pertaining to
the construction.
THE MIX
WEAPON SYSTEM AND THE EAST COAST TRIDENT BASE
Sec. 904. (a) Section 801 of the Military Construction Authorization
Act, 1981 (94 Stat. 1775), is amended by striking out " During fiscal
year 1981" and all that follows through the colon and inserting in lieu
thereof the following: " The Secretary of Defense may use funds
appropriated for fiscal year 1981 for planning and design purposes to
provide community planning assistance, by grant or otherwise, as
follows:".
(b) section 802 of such Act // 10 USC 139 // is amended to read as
follows:
COAST TRIDENT
PROGRAM
" Sec. 802. (a) The Secretary of Defense (hereinafter in this
section referred to as the ' Secretary') may assist communities located
near the East Coast Trident Base, and the States in which such
communities are located, in meeting the costs of providing increased
municipal serices and facilities to the residents of such communities,
if the Secretary determines that there is an immediate and substantial
increase in the need for such services and facilities in such
communities as a direct result of work being carried out in connection
with the construction, installation, or operation of the East Coast
Trident Base and that an unfair and excessive financial burden will be
incurred by such communities, or the States in which such communities
are located, as a result of such increased need for such services and
facilities.
"(b)(1) Whenever possible, the Secretary shall carry out the program
of assistance authorized under this section through existing Federal
programs. In carrying out such program of assistance, the Secretary
may--,
"(A) supplement funds made available under existing Federal
programs through a direct transfer of funds from the Secretary to
the department or agency concerned in such amounts as the
Secretary considers necessary;
"(B) provide financial assistance to communities described in
subsection (a) to help such communities pay their share of the
costs under such programs;
"(C) guarantee State or municipal indebtedness, and make
interest payments, in whole or in part, for State or municipal
indebtedness, for improved public facilities related to the East
Coast Trident Base; and
"(D) make direct grants to or on behalf of communities
described in subsection (a) in cases in which Federal programs (or
funds for such programs) do not exist or are not sufficient to
meet the costs of providing increased municipal services and
facilities to the residents of such communities.
"(2) The head of each department and agency shall cooperate fully
with the Secretary in carrying out the provisions of this section on a
priority basis.
"(3) Notwithstanding any other provision of law, the Secretary, in
cooperation with the heads of other departments and agencies of the
Federal Government, may provide assistance under this section in
anticipation of the work to be carried out in connection with the East
Coast Trident Base.
"(c) In determining the amount of financial assistance to be made
available under this section to any local community for any community
service or facility, the Secretary shall consult with the head of the
department or agency concerned with the type of service or facility for
which financial assistance is being made available and shall take into
consideration--,
"(1) the time lag between the initial impact of increased
population in any such community and any increase in the local tax
base which will result from such increased population;
"(2) the possible temporary nature of the increased population
and the long-range cost impact on the permanent residents of any
such community;
"(3) the initial capitalization required for municipal sewer
and water systems;
"(4) the initial operating cost for upgrading municipal
services; and
"(5) such other pertinent factors as the Secretary considers
appropriate.
"(d) Funds appropriated to the Department of Defense for carrying out
the East Coast Trident Base program may, to the extent specifically
authorized in Military Construction Authorization Acts, be used by the
Secretary to provide assistance under this section.
"(e) The Secretary shall transmit to the Committees on Armed Services
and on Appropriations of the Senate and House of Representatives, not
later than sixty days after the end of each fiscal year, a written
report indicating the total amount transferred to and the amount
obligated and expended by each local community or State which has been
provided assistance under the authority of this section during the
preceding fiscal year, the specific projects for which assistance was
provided during such year, and the total amount for each such project
during such year.".
Sec. 905. (a) During fiscal year 1982, the Secretary of the Army
shall maintain a District Office of the United States Army Corps of
Engineers at each site within twenty-five miles of each major defense
port within the continental United States at which there was such an
office on June 4, 1981.
(b) For the purposes of this section, the term "major defense port"
means any of the following:
(1) A major United States Navy shipyard.
(2) A home port for major naval forces.
(3) A major supply and embarkation port for elements of the
Armed Forces.
FACILITIES
IN CERTAIN COUNTRIES
Sec. 906. (a) Subject to subsections (b) and (c), none of the funds
appropriated pursuant to this Act for the construction of contingency
facilities to support the national security interests of the United
States in Egypt, Kenya, Oman, Somalia, the island of Diego Garcia, or at
Lajes Field (Portugal) may be obligated or expended for the construction
of a facility in any such country, island, or air field unless each
contract entered into for the construction of such facility requires
that all construction materials (other than cement, cement products,
aggregates, and concrete components other than steel) to be used in
carrying out the contract will be materials produced, manufactured, or
refined in the United States.
(b) The provisions of subsection (a) shall not apply (1) if the
application of such provisions would violate a formal agreement between
the United States and the country that exercises sovereignty over the
land on which a facility referred to in such subsection is to be
constructed, or (2) in the case of a contract for $5,000,000 or less.
(c) The project manager of a facility referred to in subsection (a)
may authorize, in the construction of such facility, a limited use of
materials not produced, manufactured, or refined in the United States if
the manager determines that the use of such materials is necessary for
the orderly and timely construction of such facility. However, the total
amount expended for materials not produced, manufactured, or refined in
the United States under a contract for the construction of a facility
referred to in subsection (a) may not exceed the applicable limit
specified in the following table:
TABLE OMITTED.
Sec. 907. (a) Subsection (b) of section 2674 of title 10, United
States Code, is amended to read as follows:
"(b)(1) Except as provided in paragraph (2), a project costing more
than $1,000,000 may not be carried out under the authority of this
section.
"(2) The cost of a project may be increased above $1,000,000--,
"(A) to not more than $1,100,000 if the Secretary of Defense
determines that such an increase is required for the sole purpose
of meeting unusual variations in cost and that such variations in
cost could not have been reasonably anticipated at the time the
project was originally approved by Congress; and
"(B) to more than $1,100,000 but not more than $1,250,000 if
(i) the Secretary of Defense determines that such an increase is
required for the sole purpose of meeting unusual variations in
cost and that such variations in cost could not have been
reasonably anticipated at the time the project was originally
approved by Congress, (ii) the Secretary of Defense has notified
the Committees on Armed Services of the Senate and House of
Representatives in writing that he has made those determinations
with respect to the project, and (iii) a 15-day period has elapsed
after the date the notification is received by the committees, or
both committees approve such increase before the expiration of the
15-day period.
"(3)(A) Except as provided in subparagraph (B), a project costing
more than $750,000 may not be carried out under this section unless
approved in advance by the Secretary of Defense, and a project costing
more than $500,000 but less than $750,000 may not be carried out under
this section unless approved in advance by the Secretary of the military
department or the Director of the defense agency concerned.
"(B) Approval under this paragraph is not required if the project has
been authorized in an annual Military Construction Authorization Act.".
(b) Subsection (f) of such section is amended--,
(1) by striking out "30 days" and "$300,000" in the second
sentence and inserting in lieu thereof "fifteen days" and
"$500,000", respectively; and
(2) striking out the last sentence and inserting in lieu
thereof the following: " Such notice is not required in the case
of a project that has been authorized in an annual Military
Construction Authorization Act.".
(c) The amendments made by subsections (a) and (b) // 10 USC 2674 //
shall take effect on October 1, 1982.
Sec. 908. Subsection (a) of section 803 of the Military Construction
Authorization Act, 1979 (Public Law 95 - 356; 92 Stat. 585), // 30 USC
1002a. // is amended to read as follows:
"(a) The Secretary of each military department may develop, for the
use or benefit of the Department of Defense, any geothermal energy
resource within lands under his jurisdiction, including public lands, if
such development is in the public interest, as determined by the
Secretary of the military department concerned, and will not deter
commercial development and use of other portions of such resource if
offered for leasing.".
Sec. 909. Section 609 of the Military Construction Authorization
Act, 1966 (Public Law 89 - 188; 79 Stat. 818), // 10 USC 9503 // is
repealed.
Sec. 910. (a) Section 2665 of title 10, United States Code, is
amended by adding at the end thereof the following new subsection:
"(e)(1) Each State in which is located a military installation or
facility from which timber and timber products are sold in a fiscal year
is entitled at the end of such year to an amount equal to 25 percent of
(A) the amount received by the United States during such year as
proceeds from the sale of timber and timber products produced on such
installation or facility, less (B) the amount of reimbursement of
appropriations of the Department of Defense under subsection (d) for all
expenses of production of timber and timber products during such year
attributable to such installation or facility.
"(2) The amount paid to a State pursuant to paragraph (1) shall be
expended as the State legislature may prescribe for the benefit of the
public schools and public roads of the county or counties in which the
military installation or facility is situated.
"(3) In a case in which a military installation or facility is
located in more than one State or county, the amount paid pursuant to
paragraph (1) shall be distributed in a manner proportional to the area
of such installation or facility in each State or county.".
(b) Subsection (e) of section 2665 of title 10, United States Code,
// 10 USC 2665 // as added by subsection (a), shall apply with respect
to timber and timber products sold after September 30, 1981.
SERVICE
FACILITIES
Sec. 911. // 42 USC 248c. // (a) Any Public Health Service hospital
or other station which was transferred to a public or nonprofit private
entity pursuant to the provisions of section 987 of the Omnibus Budget
Reconciliation Act of 1981 (Public Law 97 - 35; 95 Stat. 603) // 42 USC
248b. // shall be deemed to be a facility of the uniformed services for
the purposes of chapter 55 of title 10, United States Code, // 10 USC
1071 // if such hospital or other station was, on the day before the
date of the transfer, a facility approved under such chapter to provide
medical and dental care to members and former members of the uniformed
services and their dependents.
(b) The Secretary of Defense and the Secretary of Health and Human
Services may terminate, for purposes of chapter 55 of title 10, United
States Code, the approved status, of any facility described in
subsection (a) to furnish medical or dental care to members and former
members of the uniformed services and their dependents at any time after
the expiration of three years after the date of the transfer of such
facility under section 987 of the Omnibus Budget Reconciliation Act of
1981. The termination of such status in the case of any such facility
may be effected only by an order jointly issued by the Secretary of
Defense and the Secretary of Health and Human Services which identifies
the facility whose approved status is being terminated and specifies the
date on which such status is being terminated.
(c) The Secretary of Defense and the Secretary of Health and Human
Services shall reimburse any facility described in subsection (a) for
medical and dental care provided by such facility to members and former
members of the uniformed services and their dependents who receive such
care under chapter 55 of title 10, United States Code. // 10 USC 1071 //
The rates of reimbursement shall be negotiated and agreed upon by the
Secretary of Defense, the Secretary of Health and Human Services, and
the appropriate officials representing the facility concerned. The
rates of reimbursement shall be based upon medical and dental care costs
in the area in which the facility concerned is located.
FORT CARSON
MILITARY INSTALLATION, COLORADO
Sec. 912. (a) Section 6(a) of the Act entitled " An Act to provide
for certain payments to be made to local governments by the Secretary of
the Interior based upon the amount of certain public lands within the
boundaries of such locality", approved October 20, 1976 (90 Stat. 2665;
31 U.S.C. 1606), is amended--,
(1) by striking out "or" at the end of clause (4);
(2) by adding "or" at the end of clause (5); and
(3) by adding at the end thereof the following new clause:
"(6) located in the vicinity of Purgatory River Canyon and
Pinon Canyon, Colorado, and acquired after the date of the
enactment of this clause by the United States for the purpose of
expanding the Fort Carson military installation;".
(b) The Secretary of the Army shall adhere to all commitments made by
the Secretary of the Army concerning environmental mitigation measures
(including those regarding salinity) that are contained in the final
environmental impact statement on the proposed Fort Carson military
installation land acquisition.
Sec. 913. (a) The Federal property constituting the former Naval
Training Center, Bainbridge, Cecil County, Maryland, is hereby declared
to be surplus property within the meaning of section 3(g) of the Federal
Property and Administrative Services Act of 1949, // 40 USC 472. // and
the Administrator of General Services is authorized to dispose of that
property under such Act.
(b)(1) Proceeds from the disposition of property under this section
shall be used by the Administrator to discharge any lien, encumbrance,
contract claim, or other charge on or related to the property.
(2) The Secretary of the Navy, after consultation with the
Administrator, shall determine the form and amount of any compromise or
settlement of any claim against the United States with respect to the
water agreement dated March 24, 1943, between the United States and the
town of Port Deposit, Maryland.
(c) The exact acreages and legal descriptions of the property
declared to be excess property by subsection (a) shall be determined by
surveys that are satisfactory to the Secretary of the Navy.
Sec. 914. (a) The Secretary of the Army (hereinafter in this section
referred to as the " Secretary") is authorized to convey to the city of
Long Beach, California (hereinafter in this section referred to as the
"city"), all right, title, and interest of the United States in and to a
tract of land of varying width consisting of 0.7176 acres and extending
from the south boundary of the Long Beach Army Reserve Training Center,
Long Beach, California, north along the west boundary of such training
center to Willow Street.
(b) In consideration for the conveyance under subsection (a), the
city shall convey to the United States all right, title, and interest of
the city in and to a tract of land of varying width consisting of 0.7176
acres and coextensive with and immediately adjoining the south boundary
of the Long Beach Army Reserve Training Center, as established after the
conveyance authorized in subsection (a).
(c) The city shall pay to the United States an amount equal to the
amount by which the fair market value (as determined by the Secretary)
of the property to be conveyed by the United States to the city under
subsection (a) exceeds the fair market value (as determined by the
Secretary) of the property to be conveyed by the city to the United
States under subsection (b).
(d)(1) The exact acreages and legal descriptions of any property
acquired or conveyed under subsection (a) or (b) shall be determined by
surveys that are satisfactory to the Secretary. The cost of any such
survey shall be borne by the city.
(2) The Secretary may require such additional terms and conditions
with respect to the acquisition and conveyance authorized by this
section as he considers appropriate to protect the interests of the
United States.
Sec. 915. (a) Subject to subsection (b), the Secretary of Defense
(hereinafter in this section referred to as the " Secretary") is
authorized to convey or cause to be conveyed to the city of South
Charleston, West Virginia (hereinafter in this section referred to as
the "city"), all right, title, and interest of the United States in and
to land, aggregating approximately eight acres, together with the
improvements thereon, that is presently the location of the Reserve
Centers of the Army, Navy, and Marine Corps and that previously was part
of the Navy Ordnance Depot in South Charleston, West Virginia.
(b)(1) The conveyance authorized by subsection (a) shall be subject
to the conditions--,
(A) that the city, pursuant to an agreement to be entered into
between the city and the Secretary, convey to the United States a
tract of land consisting of approximately ten acres on completed
Corridor " G" at Lillian Roads, South Charleston, West Virginia;
(B) that such tract of land be served with access roads and
utilities extended to the property line;
(C) that the city construct facilities on such land suitable
for use as a United States Armed Forces Reserve Center; and
(D) that such facilities be designed and constructed in
accordance with the requirements of, and subject to the approval
of, the Secretary and be limited to those facilities required to
complete the project within the boundaries of the rough graded
site to be conveyed by the city.
(2) The cost of the facilities to be constructed by the city
(including the cost of architectural engineering design and inspection
fees) shall be paid as follows:
(A) The city shall pay the amount by which the appraised fair
market value of the land and improvements conveyed by the
Secretary under subsection (a) exceeds the fair market value of
the land (in rough graded state) to be conveyed by the city to the
United States.
(B) The United States shall pay any remaining amount (after
payment by the city as provided in subparagraph (A)) out of funds
appropriated for the Reserve Forces for fiscal years after fiscal
year 1981.
(c) The legal description of properties to be conveyed under
subsections (a) and (b) shall be determined by surveys performed by the
city and agreed to by the Secretary.
(d) The use of funds for payment by the United States under
subsection (b) shall be considered as use for the purchase of facilities
authorized by chapter 133 of title 10, United States Code. // 10 USC
2231 //
(e) The Secretary may require such additional terms and conditions as
the Secretary considers appropriate to carry out the provisions of this
section and to protect the interests of the United States.
(f) Before the conveyance authorized in subsection (a) is executed,
the Secretary shall report to the appropriate committees of the Congress
on the terms relating to such conveyance agreed upon by the Secretary
and the city.
(g) Section 609 of the Military Construction Authorization Act, 1977
(Public Law 94 - 431; 90 Stat. 1365), and section 813 of the Military
Construction Authorization Act, 1981 (Public Law 96 - 418; 94 Stat.
1780), are repealed.
Sec. 916. (a) The Secretary of the Navy (hereinafter in this section
referred to as the " Secretary") is authorized to convey to the city of
San Antonio, Texas (hereinafter in this section referred to as the
"city"), all right, title, and interest of the United States in and to
the land and improvements comprising the United States Naval and Marine
Corps Reserve Center, San Antonio, Texas. Such conveyance shall be made
subject to such terms and conditions as the Secretary considers
appropriate, but may not be made until a replacement facility for such
Reserve Center has been made available to the United States in
accordance with subsection (b).
(b)(1) In consideration for the conveyance authorized under
subsection (a), the city shall make available to the Secretary funds in
an amount equal to the fair market value, as determined by the
Secretary, of the land and improvements to be conveyed by the Secretary
under subsection (a).
(2) As a further condition to the conveyance authorized under
subsection (a), the city shall pay the cost of relocating all goods and
equipment of the Reserve Center from the site of the Reserve Center
referred to in subsection (a) to the site of the replacement facility.
(c) Funds made available to the Secretary under subsection (b)(1)
shall be used by the Secretary for the purchase of land for use as a
site for the location of a replacement facility for the Reserve Center
to be conveyed under subsection (a) or for the construction, renovation,
repair, or improvement of a replacement facility for such Reserve
Center, or for both the purchase of land and the construction,
renovation, repair, or improvement of a replacement facility.
(d)(1) If the cost of a replacement facility is more than the fair
market value of the existing Reserve Center facility referred to in
subsection (a), the Secretary may pay the amount of the difference out
of any funds appropriated for the acquisition of facilities for the
Reserve Forces for fiscal years after fiscal year 1981.
(2) If the cost of the replacement facility is less than the fair
market value of the existing facility, the city shall pay the amount of
the difference between such costs to the United States, and such amount
shall be deposited in the Treasury as miscellaneous receipts.
(e) The exact acreage and legal description of any land conveyed
under this section shall be determined by surveys which are satisfactory
to the Secretary.
(f)(1) The Secretary is authorized to accept any land conveyed or any
funds made available to the United States under subsection (b). Any such
land shall be administered, and any such funds may be obligated and
disbursed, by the Secretary for the purpose of providing a replacement
Reserve Center facility for the facility referred to in subsection (a).
(2) The authority under this section to place improvements on land
(including site preparation) may be exercised before title to the land
is approved under section 355 of the Revised Statutes (40 U.S.C. 255).
Approved December 23, 1981.
LEGISLATIVE HISTORY-H.R. 3455 (S. 1408):
HOUSE REPORTS: No. 97 - 44 (Comm. on Armed Services) and No. 97 -
362 (Comm. of Conference).
SENATE REPORT No. 97 - 141 accompanying S. 1408 (Comm. on Armed
Services).
CONGRESSIONAL RECORD, Vol. 127 (1981):
June 4, considered and passed House.
Nov. 5, considered and passed Senate, amended, in lieu of S.
1408.
Dec. 8, House and Senate agreed to conference report.
PUBLIC LAW 97-98, 95 STAT. 1213, AGRICULTURE AND FOOD ACT OF 1981
assure consumers an abundance
of food and fiber at reasonable prices, continue food
assistance to low-income
households, 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, // 7 USC
1281 // with the following table of contents, may be cited as the "
Agriculture and Food Act of 1981".
Sec. 101. Federal milk marketing orders.
Sec. 102. Legal status of producer handlers.
Sec. 103. Milk price support.
Sec. 104. Transfer of dairy products to veterans hospitals and the
military.
Sec. 105. Dairy indemnity program.
Sec. 106. Reduction of dairy product inventories.
Sec. 107. Dairy program operation report.
Sec. 201. Extension of support program; support price.
Sec. 301. Loan rates, target prices, disaster payments, wheat
acreage reduction and set-aside program, and land diversion for the 1982
through 1985 crops of wheat.
Sec. 302. Nonapplicability of certificate requirements.
Sec. 303. Suspension of marketing quotas and producer certificate
provisions.
Sec. 304. Suspension of quota provisions.
Sec. 305. Nonapplicability of section 107 of the Agricultural Act of
1949 to the 1982 through 1985 crops of wheat.
Sec. 401. Loan rates, target prices, disaster payments, feed grain
acreage reduction and set-aside program, and land diversion for the 1982
through 1985 crops of feed grains.
Sec. 402. Nonapplicability of section 105 of the Agricultural Act of
1949 to the 1982 through 1985 crops of feed grains.
Sec. 501. Suspension of base acreage allotments, marketing quotas
and related provisions.
Sec. 502. Loan rates and target prices, disaster payments, cotton
acreage reduction program, and land diversion for the 1982 through 1985
crops of upland cotton.
Sec. 503. Commodity Credit Corporation sales price restrictions.
Sec. 504. Miscellaneous cotton provisions.
Sec. 505. Skiprow practices.
Sec. 506. Preliminary allotments for 1986 crop of upland cotton.
Sec. 507. Upland cotton loan differentials.
Sec. 508. Extra long staple cotton price support.
Sec. 601. Repeal of provisions relating to national acreage
allotments, allocations, apportionment, marketing quotas, and penalties.
Sec. 602. Loan rates, target prices, disaster payments, rice acreage
reduction program, and land diversion for the 1982 through 1985 crops of
rice.
Sec. 603. Report on trading of rice futures.
Sec. 701. Suspension of marketing quotas and acreage allotments.
Sec. 702. National poundage quota and farm poundage quota.
Sec. 703. Sale, lease, or transfer of farm poundage quota.
Sec. 704. Marketing penalties; disposition of additional peanuts.
Sec. 705. Price support program.
Sec. 706. Reports and records.
Sec. 707. Suspension of certain price support provisions.
Sec. 801. Soybean price support.
Sec. 901. Sugar price support.
COST OF
PRODUCTION STANDARDS REVIEW BOARD
Sec. 1001. Producer reserve program for wheat and feed grains.
Sec. 1002. Forgiveness of violations.
Sec. 1003. Disaster reserve.
Sec. 1004. Conforming amendment.
Standards Review Board
Sec. 1005. Establishment of Board.
Sec. 1006. Membership of Board.
Sec. 1007. Functions of Board.
Sec. 1008. Board meetings.
Sec. 1009. Recommendations to Secretary.
Sec. 1010. Reports.
Sec. 1011. Support services.
Sec. 1012. Compensation.
Sec. 1013. Authorization for appropriations.
Sec. 1014. Termination.
Sec. 1101. Payment limitations for wheat, feed grains, upland
cotton, and rice.
Sec. 1102. Finality of determinations.
Sec. 1103. Commodity Credit Corporation sales price restrictions for
wheat and feed grains.
Sec. 1104. Application of terms in the Agricultural Act of 1949.
Sec. 1105. Supplemental set-aside and acreage limitation authority.
Sec. 1106. Normally planted acreage and target prices.
Sec. 1107. Normal supply.
Sec. 1108. Nonquota tobacco subject to quota.
Sec. 1109. Tobacco program cost.
Sec. 1110. Special grazing and hay program.
Sec. 1111. Emergency feed program.
Sec. 1112. Farm income protection insurance program study.
Sec. 1113. State agency authority for grain inspections at export
port locations.
Sec. 1114. Distribution of surplus commodities; special nutrition
projects.
Sec. 1115. Perishable agricultural commodities.
Sec. 1116. Department of Agriculture advisory committees.
Sec. 1117. Cost of production study.
Sec. 1118. Unlawful to offer for sale or advertise protected seed
when not certified by a State agency.
Sec. 1119. Protection against the introduction and dissemination of
plant pests.
Sec. 1120. Authority to release bee germ plasm.
Sec. 1121. User fees for reports and publications.
Sec. 1122. Inspection and other standards for imported meat
products.
Sec. 1201. Agricultural Export Credit Revolving Fund.
Sec. 1202. Congressional consultation on bilateral commodity supply
agreements.
Sec. 1203. Special standby export subsidy program.
Sec. 1204. Agricultural embargo protection.
Sec. 1205. Development of plans to alleviate adverse impact of
export embargoes on agricultural commodities.
Sec. 1206. Consultation on grain marketing.
Sec. 1207. Expansion of international markets for United States
agricultural commodities and products thereof.
Sec. 1208. Increased usage of protein byproducts derived from
alcohol fuel production.
Sec. 1209. Exemption for protein byproducts.
Sec. 1210. Self-help measures to increase agricultural production;
verification of self-help provisions.
Sec. 1211. Requirement for invitations for bids on title I
purchases.
Sec. 1212. Title II authorization ceiling.
Sec. 1213. Overseas market development.
Sec. 1214. Valuation of commodities.
Sec. 1215. Annual report.
Sec. 1216. Extension of program.
AMENDMENTS
OF 1981
Sec. 1301. Short title.
Sec. 1302. Household definition.
Sec. 1303. Alaska's thrifty food plan.
Sec. 1304. Adjustment of the thrifty food plan.
Sec. 1305. Reimbursement exclusion.
Sec. 1306. Energy assistance payments; excluded payments of other
programs.
Sec. 1307. Disallowance of deductions for expenses paid by vendor
payments.
Sec. 1308. Attribution of income and resources to sponsored aliens.
Sec. 1309. Resources.
Sec. 1310. Annualization of work registration.
Sec. 1311. Work requirements.
Sec. 1312. State issuance liability.
Sec. 1313. Access of Comptroller General to information.
Sec. 1314. Reporting of abuses by the public.
Sec. 1315. Retail redemption.
Sec. 1316. Sixty-day transfer of certification.
Sec. 1317. Notice of verification.
Sec. 1318. Recertification notice.
Sec. 1319. Disclosure of information to Comptroller General, law
enforcement officials.
Sec. 1320. Restoration of lost benefits.
Sec. 1321. Information.
Sec. 1322. Nutrition education program.
Sec. 1323. Alaskan fee agents.
Sec. 1324. Minimum mandatory court sentence for criminal offenses;
work restitution program.
Sec. 1325. Staffing.
Sec. 1326. Incentives for error reduction efforts and corrective
action plans.
Sec. 1327. Social Security account numbers.
Sec. 1328. Extending and amending cash-out pilot projects.
Sec. 1329. Nutritional monitoring.
Sec. 1330. Pilot projects to simplify the processing of applications
for certain AFDC, SSI, and Medicaid recipients.
Sec. 1331. Food stamp funding and program extension.
Sec. 1332. Incentives, sanctions, and claims.
Sec. 1333. Workfare.
Sec. 1334. Extension of authorities, penalties for fraud, and
miscellaneous provisions.
Sec. 1335. Commodity supplemental food program-pilot projects for
the elderly and administrative costs.
Sec. 1336. Food distribution program for certain Indian households.
Sec. 1337. Authority of Office of Inspector General.
Sec. 1338. Effective date.
AND
TEACHING POLICY ACT AMENDMENTS OF 1981
Sec. 1401. Short title.
Sec. 1402. Findings.
Sec. 1403. Purposes.
Sec. 1404. Definitions.
Sec. 1405. Responsibilities of the Secretary and coordinating role
of the Department of Agriculture.
Sec. 1406. Subcommittee on Food, Agricultural, and Forestry
Research.
Sec. 1407. Joint Council on Food and Agricultural Sciences.
Sec. 1408. National Agricultural Research and Extension Users
Advisory Board.
Sec. 1409. Existing research programs.
Sec. 1410. Federal-State partnership.
Sec. 1411. Secretary's report.
Sec. 1412. Libraries and information network.
Sec. 1413. Staff support for the Joint Council and the Advisory
Board.
Sec. 1414. General provisions; additional Assistant Secretary of
Agriculture.
Sec. 1415. Program for competitive, special, and facilities grants
for agricultural research.
Sec. 1416. Amendments to the Research Facilities Act of 1963.
Sec. 1417. Apportionment of funds appropriated for schools of
veterinary medicine.
Sec. 1418. Federal support of higher education in the food and
agricultural sciences.
Sec. 1419. Transfer of functions under the Second Morrill Act.
Sec. 1420. National Agricultural Science Award.
Sec. 1421. Redesignation of instruction funding.
Sec. 1422. Alcohol and industrial hydrocarbons.
Sec. 1423. Nutrition education program.
Sec. 1424. Repeal of section 1426 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977.
Sec. 1425. Human nutrition research and information management
system.
Sec. 1426. Conforming amendment.
Sec. 1427. Eligible institutions for animal health and disease
research funds.
Sec. 1428. Animal Health Science Research Advisory Board.
Sec. 1429. Appropriations for animal health and disease research
programs at eligible institutions.
Sec. 1430. Appropriations for research on specific national or
regional animal health or disease problems.
Sec. 1431. Extension at 1890 land-grant colleges, including Tuskegee
Institute.
Sec. 1432. Agriculture research in 1890 land-grant colleges,
including Tuskegee Institute.
Sec. 1433. Authority to award grants to upgrade 1890 land-grant
college research facilities.
Sec. 1434. Authorization for appropriations for solar energy model
farms and demonstration projects.
Sec. 1435. Solar energy definition.
Sec. 1436. International agricultural research and extension.
Sec. 1437. Authorization for appropriations for existing and certain
new agricultural research programs.
Sec. 1438. Authorization for appropriations for extension programs.
Sec. 1439. Miscellaneous provisions.
Sec. 1440. Aquaculture and rangeland research.
Sec. 1441. Cooperative State forestry.
Sec. 1442. Prohibition against reduction of State funds upon
increase in Federal allotment.
Sec. 1443. Excess Federal property.
Sec. 1444. Rural development and small farm research and extension.
Sec. 1445. Increased emphasis on marketing education programs for
small and medium size family farming operations.
Sec. 1446. Soybean Research Advisory Institute.
Sec. 1447. Administrative jurisdiction over lands.
Sec. 1501. Policy.
Sec. 1502. Findings.
Sec. 1503. Formulation and implementation of special areas
conservation program.
Sec. 1504. Program to be directed at specific problems.
Sec. 1505. Contract limitations.
Sec. 1506. Notification of Congress and approval of designations.
Sec. 1507. Utilization of services and facilities.
Sec. 1508. Improvement of technology.
Sec. 1509. Authorization for appropriations.
Sec. 1510. Report to Congress.
Sec. 1511. Protection of participants.
and to the Bankhead-Jones
Farm Tenant Act
Sec. 1512. Amendments to small watershed program.
Sec. 1513. Amendment to the Bankhead-Jones Farm Tenant Act.
Activities
Sec. 1514. Grants program.
Sec. 1515. Program implementation and review.
Sec. 1516. Plans.
Sec. 1517. Matching funds.
Sec. 1518. Records.
Sec. 1519. Authorization for appropriations.
Sec. 1520. Conservation loans.
Sec. 1521. Formulation of program.
Sec. 1522. Plans.
Sec. 1523. Approval of plans.
Sec. 1524. Authorization for appropriations.
Sec. 1525. Report.
Programs
Sec. 1526. Establishment of program.
Sec. 1527. Authorization for appropriations.
Program
Sec. 1528. Purpose.
Sec. 1529. Definitions.
Sec. 1530. Resource conservation and development program.
Sec. 1531. Selection of new designated areas.
Sec. 1532. Authority of the Secretary.
Sec. 1533. Agreements; terms and conditions.
Sec. 1534. Resource Conservation and Development Policy Board.
Sec. 1535. Evaluation of program.
Sec. 1536. Limitation on provision of assistance.
Sec. 1537. Supplemental authority of the Secretary.
Sec. 1538. Authorization for appropriations.
Sec. 1539. Short title.
Sec. 1540. Findings, purpose, and definitions.
Sec. 1541. Farmland protection policy.
Sec. 1542. Existing policies and procedures.
Sec. 1543. Technical assistance.
Sec. 1544. Farmland resource information.
Sec. 1545. Grants; contracts.
Sec. 1546. Report.
Sec. 1547. Statement of limitation.
Sec. 1548. Prohibition.
Sec. 1549. Effective date.
Sec. 1550. Local search and rescue operations.
Sec. 1551. Reclamation.
Sec. 1552. Payments for land removed from production for
conservation purposes.
Sec. 1553. Conservation tillage.
Sec. 1554. Regulations.
FARMS
Sec. 1601. Farmers Home Administration real estate and operating
loans to cooperatives.
Sec. 1602. Equalizing access to credit for widows and other single
parents.
Sec. 1603. Lease of facilities.
Sec. 1604. Borrower's net worth.
Sec. 1605. Extension of the Emergency Agricultural Credit Adjustment
Act of 1978.
Sec. 1606. Farm storage facility loan program.
Sec. 1607. Rural telephone bank amendment.
Sec. 1608. United States policy on family farms.
Sec. 1701. Short title.
Sec. 1702. Congressional findings and declaration of policy.
Sec. 1703. Definitions.
Sec. 1704. Floral research and promotion orders.
Sec. 1705. Notice and hearing.
Sec. 1706. Finding and issuance of an order.
Sec. 1707. Required terms in orders.
Sec. 1708. Permissive terms in orders.
Sec. 1709. Requirement of referendum.
Sec. 1710. Suspension and termination of orders.
Sec. 1711. Provisions applicable to amendments.
Sec. 1712. Exemptions.
Sec. 1713. Producer or importer refund.
Sec. 1714. Petition and review.
Sec. 1715. Enforcement.
Sec. 1716. Certification of organizations.
Sec. 1717. Regulations.
Sec. 1718. Investigations; power to subpena and take oaths and
affirmations; aid of courts.
Sec. 1719. Separability.
Sec. 1720. Authorization.
Sec. 1801. Effective date.
Sec. 101. (a) The Agricultural Adjustment Act, as reenacted and
amended by the Agricultural Marketing Agreement Act of 1937, is further
amended by--,
(1) striking out in subparagraph (B) of subsection 8c(5) all
that part of said subparagraph (B) which follows the comma at the
end of clause (c) and inserting in lieu thereof the following:
"(d) a further adjustment to encourage seasonal adjustments in the
production of milk through equitable apportionment of the total
value of the milk purchased by any handler, or by all handlers,
among producers on the basis of their marketings of milk during a
representative period of time, which need not be limited to one
year, and (e) a provision providing for the accumulation and
disbursement of a fund to encourage seasonal adjustments in the
production of milk may be included in an order.";
(2) striking out the period at the end of subsection 8c(17) and
adding in lieu thereof the following: ": Provided further, That
if one-third or more of the producers as defined in a milk order
apply in writing for a hearing on a proposed amendment of such
order, the Secretary shall call such a hearing if the proposed
amendment is one that may legally be made to such order.
Subsection (12) of this section shall not be construed to permit
any cooperative to act for its members in an application for a
hearing under the foregoing proviso and nothing in such proviso
shall be construed to preclude the Secretary from calling an
amendment hearing as provided in subsection (3) of this section.
The Secretary shall not be required to call a hearing on any
proposed amendment to an order in response to an application for a
hearing on such proposed amendment if the application requesting
the hearing is received by the Secretary within ninety days after
the date on which the Secretary has announced the decision on a
previously proposed amendment to such order and the two proposed
amendments are essentially the same."; and
(3) inserting after the phrase "pure and wholesome milk" in
section 8c(18) the phrase "to meet current needs and further to
assure a level of farm income adequate to maintain productive
capacity sufficient to meet anticipated future needs".
(b) The provisions of subsection (a) shall become effective January
1, 1982, and shall terminate December 31, 1985.
Sec. 102. The legal status of producer handlers of milk under the
provisions of the Agricultural Adjustment Act, as reenacted and amended
by the Agricultural Marketing Agreement Act of 1937, shall be the same
subsequent to the adoption of the amendment made by the Agriculture and
Food Act of 1981 as it was prior thereto.
Sec. 103. Section 201 of the Agricultural Act of 1949, as amended by
section 150 of the Omnibus Budget Reconciliation Act of 1981, is amended
by--,
(1) striking out everything in subsection (c) after the first
sentence and inserting in lieu thereof the following: "
Notwithstanding the foregoing, (1) effective for the period
beginning with the date of enactment of this sentence and ending
September 30, 1982, the price of milk shall be supported at such
level as determined by the Secretary, but not less than $13.10 per
hundredweight for milk containing 3.67 per centum milk fat; and
(2) effective for each of the fiscal years ending September 30,
1983, September 30, 1984, and September 30, 1985, the price of
milk shall be supported at such level as determined by the
Secretary, but not less than $13.25, $14.00, and $14.60,
respectively, per hundredweight for milk containing 3.67 per
centum milk fat: Provided, That, for each fiscal year during the
period beginning October 1, 1982, and ending September 30, 1985,
if the Secretary estimates as of the beginning of any such fiscal
year that the net cost of Government price support purchases of
milk or the products of milk will be less than $1,000,000,000
during the fiscal year, the price of milk shall be supported at
such level as determined by the Secretary, but not less than 70
per centum of the parity price therefor as of the beginning of the
relevant fiscal year: Provided further, That if the Secretary
estimates that net Government price support purchases of milk or
the products of milk will be less than 4.0 billion pounds (milk
equivalent) in fiscal year 1983; 3.5 billion pounds (milk
equivalent) in fiscal year 1984; and 2.69 billion pounds (milk
equivalent) in fiscal year 1985, the price of milk shall be
supported at such level as determined by the Secretary, but not
less than 75 per centum of the parity price therefor as of the
beginning of the relevant fiscal year. Such price support shall be
provided through the purchase of milk and the products of milk.";
and
(2) repealing subsection (d).
AND THE
MILITARY
Sec. 104. Section 202 of the Agricultural Act of 1949 // 7 USC
1446a. // is amended by striking out "1981" in subsections (a) and (b)
and inserting in lieu thereof "1985".
Sec. 105. Section 3 of the Act of August 13, 1968 (7 U.S.C. 4501),
// 7 USC 450l. // is amended by striking out "1981" and inserting in
lieu thereof "1985".
Sec. 106. // 7 USC 1446c-1. // The Secretary of Agriculture shall
utilize, to the fullest extent practicable, the authorities under the
Commodity Credit Corporation Charter Act // 15 USC 714 // (including
exportation of dairy products at not less than prevailing world market
prices), the Agricultural Trade Development and Assistance Act of 1954
(Public Law 480), // 7 USC 1691 // and other authorities available to
the Secretary to reduce inventories of dairy products held by the
Commodity Credit Corporation so as to reduce net Commodity Credit
Corporation expenditures to the estimated outlays for the milk price
support program used in developing budget outlays under the
Congressional Budget Act of 1974 // 31 USC 1301 // for the appropriate
fiscal year.
Sec. 107. // 7 USC 1446c-1 // Not later than December 31, 1982, the
Secretary of Agriculture shall submit to the House Committee on
Agriculture and the Senate Committee on Agriculture, Nutrition, and
Forestry a report describing the strengths and weaknesses of existing
Federal programs, and the consequences of possible new programs, for
controlling or minimizing surpluses of fluid milk and the products
thereof. The report shall include, but need not be limited to, an
assessment, on a region by region basis, of the effect of existing and
proposed pricing mechanisms on supply and demand conditions, including
the impact on farm income and consumer costs. The report shall also
describe the social costs and benefits associated with such programs.
Sec. 201. Section 703 of the National Wool Act of 1954 // 7 USC
1782. // by--,
(1) striking out "1981" in subsection (a) and inserting in lieu
thereof "1985"; and
(2) striking out all that follows the comma in subsection (b)
after the word " Provided" and inserting in lieu thereof the
following: " That for the marketing years beginning January 1,
1982, and ending December 31, 1985, the support price for shorn
wool shall be 77.5 per centum (rounded to the nearest full cent)
of the amount calculated according to the foregoing formula.".
ACREAGE REDUCTION
AND SET-ASIDE PROGRAM, AND LAND DIVERSION FOR
THE
1982 THROUGH 1985 CROPS OF WHEAT
Sec. 301. Effective only for the 1982 through 1985 crops of wheat,
the Agricultural Act of 1949 is amended by adding after section 107 A a
new section as follows:
" Sec. 107 B. // 7 USC 1445b-1. // Notwithstanding any other
provision of law--,
"(a) The Secretary shall make available to producers loans and
purchases for each of the 1982 through 1985 crops of wheat at such
level, not less than $3.55 per bushel, as the Secretary determines will
maintain the competitive relationship of wheat to other grains in
domestic and export markets after taking into consideration the cost of
producing wheat, supply and demand conditions, and world prices for
wheat: Provided, That if the Secretary determines that the average
price of wheat received by producers in any marketing year is not more
than 105 per centum of the level of loans and purchases for wheat for
such marketing year, the Secretary may reduce the level of loans and
purchases for wheat for the next marketing year by the amount the
Secretary determines necessary to maintain domestic and export markets
for grain, except that the level of loans and purchases shall not be
reduced by more than 10 per centum in any year nor below $3 per bushel.
"(b)(1)(A) In addition, the Secretary shall make available to
producers payments for each of the 1982 through 1985 crops of wheat in
an amount computed as provided in this subsection. Payments for any
such crop of wheat shall be computed by multiplying (i) the payment
rate, by (ii) the farm program acreage for the crop, by (iii) the farm
program payment yield for the crop. In no event may payments be made
under this paragraph for any crop on a greater acreage than the acreage
actually planted to wheat.
"(B) The payment rate for wheat shall be the amount by which the
higher of--,
"(i) the national weighted average market price received by
farmers during the first five months of the marketing year for
such crop, as determined by the Secretary, or
"(ii) the loan level determined under subsection (a) of this
section for such crop
is less than the established price per bushel.
"(C) The established price for wheat shall be not less than $4.05 per
bushel for the 1982 crop, $4.30 per bushel for the 1983 crop, $4.45 per
bushel for the 1984 crop, and $4.65 per bushel for the 1985 crop. Any
such established price may be adjusted by the Secretary as the Secretary
determines to be appropriate to reflect any change in (i) the average
adjusted cost of production per acre for the two crop years immediately
preceding the year for which the determination is made from (ii) the
average adjusted cost of production per acre for the two crop years
immediately preceding the year previous to the one for which the
determination is made. The adjusted cost of production for each of such
years may be determined by the Secretary on the basis of such
information as the Secretary finds necessary and appropriate for the
purpose and may include variable costs, machinery ownership costs, and
general farm overhead costs, allocated to the crops involved on the
basis of the proportion of the value of the total production derived
from each crop.
"(D) Notwithstanding the foregoing provisions of this section, if the
Secretary adjusts the level of loans and purchases for wheat in
accordance with the proviso in subsection (a) of this section, the
Secretary shall provide emergency compensation by increasing the
established price payments for wheat by such amount as the Secretary
determines necessary to provide the same total return to producers as if
the adjustment in the level of loans and purchases had not been made:
Provided, That any payments under this subparagraph shall not be
included in the payments subject to limitations under the provisions of
section 1101 of the Agriculture and Food Act of 1981.
"(E) The total quantity on which payments would otherwise be payable
to a producer on a farm for any crop under this paragraph shall be
reduced by the quantity on which any disaster payment is made to the
producer for the crop under paragraph (2) of this subsection.
"(2)(A) Except as provided in subparagraph (C) of this paragraph, if
the Secretary determines that the producers on a farm are prevented from
planting any portion of the acreage intended for wheat to wheat or other
nonconserving crops because of drought, flood, or other natural
disaster, or other condition beyond the control of the producers, the
Secretary shall make a prevented planting disaster payment to the
producers on the number of acres so affected but not to exceed the
acreage planted to wheat for harvest (including any acreage which the
producers were prevented from planting to wheat or other nonconserving
crop in lieu of wheat because of drought, flood, or other natural
disaster, or other condition beyond the control of the producers) in the
immediately preceding year, multiplied by 75 per centum of the farm
program payment yield established by the Secretary times a payment rate
equal to 33 1/3 per centum of the established price for the crop.
"(B) Except as provided in subparagraph (C) of this paragraph, if the
Secretary determines that because of drought, flood, or other natural
disaster, or other condition beyond the control of the producers, the
total quantity of wheat which the producers are able to harvest on any
farm is less than the result of multiplying 60 per centum of the farm
program payment yield established by the Secretary for such crop by the
acreage planted for harvest for such crop, the Secretary shall make a
reduced yield disaster payment to the producers at a rate equal to 50
per centum of the established price for the crop for the deficiency in
production below 60 per centum for the crop.
"(C) Producers on a farm shall not be eligible for disaster payments
under this paragraph if crop insurance is available to them under the
Federal Crop Insurance Act // 7 USC 1501. // with respect to their
wheat acreage.
"(D) Notwithstanding the provisions of subparagraph (C) of this
paragraph, the Secretary may make disaster payments to producers on a
farm under this paragraph whenever the Secretary determines that--,
"(i) as the result of drought, flood, or other natural
disaster, or other condition beyond the control of the producers,
producers on a farm have suffered substantial losses of production
either from being prevented from planting wheat or other
nonconserving crop or from reduced yields, and that such losses
have created an economic emergency for the producers;
"(ii) Federal crop insurance indemnity payments and other forms
of assistance made available by the Federal Government to such
producers for such losses are insufficient to alleviate such
economic emergency, or no crop insurance covered the loss because
of transitional problems attendant to the Federal crop insurance
program; and
"(iii) additional assistance must be made available to such
producers to alleviate the economic emergency.
The Secretary may make such adjustments in the amount of payments made
available under this subparagraph with respect to individual farms so as
to assure the equitable allotment of such payments among producers
taking into account other forms of Federal disaster assistance provided
to the producers for the crop involved.
"(c)(1) The Secretary shall proclaim a national program acreage for
each of the 1982 through 1985 crops of wheat. The proclamation shall be
made not later than August 15 of each calendar year for the crop
harvested in the next succeeding calendar year, except that in the case
of the 1982 crop, the proclamation shall be made as soon as practicable
after enactment of the Agriculture and Food Act of 1981. The Secretary
may revise the national program acreage first proclaimed for any crop
year for the purpose of determining the allocation factor under
paragraph (2) of this subsection if the Secretary determines it
necessary based upon the latest information, and the Secretary shall
proclaim such revised national program acreage as soon as it is made.
The national program acreage for wheat shall be the number of harvested
acres the Secretary determines (on the basis of the weighted national
average of the farm program payment yields for the crop for which the
determination is made) will produce the quantity (less imports) that the
Secretary estimates will be utilized domestically and for export during
the marketing year for such crop. If the Secretary determines that
carryover stocks of wheat are excessive or an increase in stocks is
needed to assure desirable carryover, the Secretary may adjust the
national program acreage by the amount the Secretary determines will
accomplish the desired increase or decrease in carryover stocks.
"(2) The Secretary shall determine a program allocation factor for
each crop of wheat. The allocation factor for wheat shall be determined
by dividing the national program acreage for the crop by the number of
acres that the Secretary estimates will be harvested for such crop,
except that in no event shall the allocation factor for any crop of
wheat be more than 100 per centum nor less than 80 per centum.
"(3) The individual farm program acreage for each crop of wheat shall
be determined by multiplying the allocation factor by the acreage of
wheat planted for harvest on the farms for which individual farm program
acreages are required to be determined. The farm program acreage shall
not be further reduced by application of the allocation factor if the
producers reduce the acreage of wheat planted for harvest on the farm
from the acreage base established for the farm under subsection (e)(2)
of this section by at least the percentage recommended by the Secretary
in the proclamation of the national program acreage. The Secretary
shall provide fair and equitable treatment for producers on farms on
which the acreage of wheat planted for harvest is less than the acreage
base established for the farm under subsection (e)(2), but for which the
reduction is insufficient to exempt the farm from the application of the
allocation factor. In establishing the allocation factor for wheat, the
Secretary may make such adjustment as the Secretary deems necessary to
take into account the extent of exemption of farms under the foregoing
provisions of this paragraph.
"(d) The farm program payment yield for each crop of wheat shall be
the yield established for the farm for the previous crop year, adjusted
by the Secretary to provide a fair and equitable yield. If no payment
yield for wheat was established for the farm in the previous crop year,
the Secretary may determine such yield as the Secretary finds fair and
reasonable. Notwithstanding the foregoing provisions of this
subsection, in the determination of yields, the Secretary shall take
into account the actual yields proved by the producer, and neither such
yields nor the farm program payment yield established on the basis of
such yields shall be reduced under other provisions of this subsection.
If the Secretary determines it necessary, the Secretary may establish
national, State, or county program payment yields on the basis of
historical yields, as adjusted by the Secretary to correct for abnormal
factors affecting such yields in the historical period, or, if such data
are not available, on the Secretary's estimate of actual yields for the
crop year involved. If national, State, or county program payment
yields are established, the farm program payment yields shall balance to
the national, State, or county program payment yields.
"(e)(1) Notwithstanding any other provision of this section, the
Secretary may provide for any crop either for a program under which the
acreage planted to wheat would be limited as described in paragraph (2)
or a set-aside program as described in paragraph (3) of this subsection
if the Secretary determines that the total supply of wheat, in the
absence of such a program, will be excessive, taking into account the
need for an adequate carryover to maintain reasonable and stable
supplies and prices and to meet a national emergency. The Secretary
shall announce any such wheat acreage limitation program or set-aside
program not later than August 15 prior to the calendar year in which the
crop is harvested, except that in the case of the 1982 crop, the
Secretary shall announce such program as soon as practicable after
enactment of the Agriculture and Food Act of 1981.
"(2) If a wheat acreage limitation program is announced under
paragraph (1) of this subsection, such limitation shall be achieved by
applying a uniform percentage reduction to the acreage base for each
wheat-producing farm. Producers who knowingly produce wheat in excess
of the permitted wheat acreage for the farm shall be ineligible for
wheat loans, purchases, and payments with respect to that farm. The
acreage base for any farm for the purpose of determining any reduction
required to be made for any year as the result of a limitation under
this paragraph shall be the acreage planted on the farm to wheat for
harvest in the crop year immediately preceding the year for which the
determination is made or, at the discretion of the Secretary, the
average acreage planted to wheat for harvest in the two crop years
immediately preceding the year for which the determination is made. For
the purpose of the preceding sentence, acreage planted to wheat for
harvest shall include any acreage which the producers were prevented
from planting to wheat or other nonconserving crop in lieu of wheat
because of drought, flood, or other natural disaster, or other condition
beyond the control of the producers. The Secretary may make adjustments
to reflect established crop--, rotation practices and to reflect such
other factors as the Secretary determines should be considered in
determining a fair and equitable base. A number of acres on the farm
determined by dividing (A) the product obtained by multiplying the
number of acres required to be withdrawn from the production of wheat
times the number of acres actually planted to such commodity, by (B) the
number of acres authorized to be planted to such commodity under the
limitation established by the Secretary shall be devoted to conservation
uses, in accordance with regulations issued by the Secretary. The
number of acres so determined is hereafter in this subsection referred
to as 'reduced acreage'. If an acreage limitation program is announced
under paragraph (1) of this subsection for a crop of wheat, subsection
(c) of this section shall not be applicable to such crop, including any
prior announcement which may have been made under such subsection with
respect to such crop. The individual farm program acreage shall be the
acreage planted on the farm to wheat for harvest within the permitted
wheat acreage for the farm as established under this paragraph.
"(3) If a set-aside program is announced under paragraph (1) of this
subsection, then as a condition of eligibility for loans, purchases, and
payments authorized by this section, the producers on a farm must set
aside and devote to conservation uses an acreage of cropland equal to a
specified percentage, as determined by the Secretary, of the acreage of
wheat planted for harvest for the crop for which the set--, aside is in
effect. The set-aside acreage shall be devoted to conservation uses, in
accordance with regulations issued by the Secretary. If a set-aside
program is established, the Secretary may limit the acreage planted to
wheat. Such limitation shall be applied on a uniform basis to all
wheat-producing farms. The Secretary may make such adjustments in
individual set-aside acreages under this section as the Secretary
determines necessary to correct for abnormal factors affecting
production, and to give due consideration to tillable acreage,
crop-rotation practices, types of soil, soil and water conservation
measures, topography, and such other factors as the Secretary deems
necessary.
"(4) The regulations issued by the Secretary under paragraphs (2) and
(3) of this subsection with respect to acreage required to be devoted to
conservation uses shall assure protection of such acreage from weeds and
wind and water erosion. The Secretary may permit, subject to such terms
and conditions as the Secretary may prescribe, all or any part of such
acreage to be devoted to sweet sorghum, hay and grazing or the
production of guar, sesame, safflower, sunflower, castor beans, mustard
seed, crambe, plantago ovato, flaxseed, triticale, rye, or other
commodity, if the Secretary determines that such production is needed to
provide an adequate supply of such commodities, is not likely to
increase the cost of the price support program, and will not affect farm
income adversely. In determining the amount of land to be devoted to
conservation uses under an acreage limitation or set-aside program with
respect to land that has been farmed under summer fallow practices, as
defined by the Secretary, the Secretary shall consider the effects of
soil erosion and such other factors as the Secretary considers
appropriate.
"(5) The Secretary may make land diversion payments to producers of
wheat, whether or not an acreage limitation or set-aside program for
wheat is in effect, if the Secretary determines that such land diversion
payments are necessary to assist in adjusting the total national acreage
of wheat to desirable goals. Such land diversion payments shall be made
to producers who, to the extent prescribed by the Secretary, devote to
approved conservation uses an acreage of cropland on the farm in
accordance with land diversion contracts entered into by the Secretary
with such producers. The amounts payable to producers under land
diversion contracts may be determined through the submission of bids for
such contracts by producers in such manner as the Secretary may
prescribe or through such other means as the Secretary determines
appropriate. In determining the acceptability of contract offers, the
Secretary shall take into consideration the extent of the diversion to
be undertaken by the producers and the productivity of the acreage
diverted. The Secretary shall limit the total acreage to be diverted
under agreements in any county or local community so as not to affect
adversely the economy of the county or local community.
"(6) Any reduced acreage, set-aside acreage, and additional diverted
acreage may be devoted to wildlife food plots or wildlife habitat in
conformity with standards established by the Secretary in consultation
with wildlife agencies. The Secretary may pay an appropriate share of
the cost of practices designed to carry out the purposes of the
foregoing sentence. The Secretary may provide for an additional payment
on such acreage in an amount determined by the Secretary to be
appropriate in relation to the benefit to the general public if the
producer agrees to permit, without other compensation, access to all or
such portion of the farm, as the Secretary may prescribe, by the general
public, for hunting, trapping, fishing, and hiking, subject to
applicable State and Federal regulations.
"(7) An operator of a farm desiring to participate in the program
conducted under this subsection shall execute an agreement with the
Secretary providing for such participation not later than such date as
the Secretary may prescribe. The Secretary may, by mutual agreement
with the producers on the farm, terminate or modify any such agreement
if the Secretary determines such action necessary because of an
emergency created by drought or other disaster or to prevent or
alleviate a shortage in the supply of agricultural commodities.
"(f) If the failure of a producer to comply fully with the terms and
conditions of the program conducted under this section precludes the
making of loans, purchases, and payments, the Secretary may,
nevertheless, make such loans, purchases, and payments in such amounts
as the Secretary determines to be equitable in relation to the
seriousness of the failure. The Secretary may authorize the county and
State committees established under section 8(b) of the Soil Conservation
and Domestic Allotment Act to waive or modify deadlines and other
program requirements in cases in which lateness or failure to meet such
other requirements does not affect adversely the operation of the
program.
"(g) The Secretary may issue such regulations as the Secretary
determines necessary to carry out the provisions of this section.
"(h) The Secretary shall carry out the program authorized by this
section through the Commodity Credit Corporation.
"(i) The provisions of section 8(g) of the Soil Conservation and
Domestic Allotment Act (relating to assignment of payments) shall apply
to payments under this section.
"(j) The Secretary shall provide for the sharing of payments made
under this section for any farm among the producers on the farm on a
fair and equitable basis.
"(k) Notwithstanding any other provision of law, compliance on a farm
with the terms and conditions of any other commodity program may not be
required as a condition of eligibility for loans, purchases, or payments
under this section if an acreage limitation program is established under
subsection (e)(2) of this section, but may be required if a set-aside
program is established under subsection (e)(3) of this section.".
Sec. 302. Sections 379d, 379e, 379f, 379g, 379h, 379i, and 379j of
the Agricultural Adjustment Act of 1938 // 7 USC 1379d // (which deal
with marketing certificate requirements for processors and exporters)
shall not be applicable to wheat processors or exporters during the
period June 1, 1982, through May 31, 1986.
CERTIFICATE
PROVISIONS
Sec. 303. Sections 331, 332, 333, 334, 335, 336, 338, 339, 379b, and
379c of the Agricultural Adjustment Act of 1938 // 7 USC 1331 - 1336,
1338, 1339, 1379b, 1379c. // shall not be applicable to the 1982
through 1985 crops of wheat.
Sec. 304. Public Law 74, Seventy-seventh Congress (55 Stat. 203, as
amended) // 7 USC 1330, 1340. // shall not be applicable to the crops
of wheat planted for harvest in the calendar years 1982 through 1985.
ACT OF 1949
TO THE 1982 THROUGH 1985 CROPS OF WHEAT
Sec. 305. Section 107 of the Agricultural Act of 1949 // 7 USC 1445a
// shall not be applicable to the 1982 through 1985 crops of wheat.
GRAIN ACREAGE
REDUCTION AND SET-ASIDE PROGRAM, AND LAND
DIVERSION FOR
THE 1982 THROUGH 1985 CROPS OF FEED GRAINS
Sec. 401. Effective only for the 1982 through 1985 crops of feed
grains, the Agricultural Act of 1949 is amended by adding after section
105 A a new section as follows:
" Sec. 105 B. // 7 USC 1444d. // Notwithstanding any other provision
of law--,
"(a)(1) The Secretary shall make available to producers loans and
purchases for each of the 1982 through 1985 crops of corn at such level,
not less than $2.55 per bushel, as the Secretary determines will
encourage the exportation of feed grains and not result in excessive
total stocks of feed grains after taking into consideration the cost of
producing corn, supply and demand conditions, and world prices for corn:
Provided, That if the Secretary determines that the average price of
corn received by producers in any marketing year is not more than 105
per centum of the level of loans and purchases for corn for such
marketing year, the Secretary may reduce the level of loans and
purchases for corn for the next marketing year by the amount the
Secretary determines necessary to maintain domestic and export markets
for grain, except that the level of loans and purchases shall not be
reduced by more than 10 per centum in any year nor below $2 per bushel.
"(2) The Secretary shall make available to producers loans and
purchases for each of the 1982 through 1985 crops of grain sorghums,
barley, oats, and rye, respectively, at such level as the Secretary
determines is fair and reasonable in relation to the level that loans
and purchases are made available for corn, taking into consideration the
feeding value of such commodity in relation to corn and other factors
specified in section 401(b) of this Act. // 7 USC 1421. //
"(b)(1)(A) The Secretary shall make available to producers payments
for each of the 1982 through 1985 crops of corn, grain sorghums, oats,
and, if designated by the Secretary, barley, in an amount computed as
provided in this subsection. Payments for any such crop of feed grains
shall be computed by multiplying (i) the payment rate, by (ii) the farm
program acreage for the crop, by (iii) the farm program payment yield
for the crop. In no event may payments be made under this paragraph for
any crop on a greater acreage than the acreage actually planted to such
feed grains.
"(B) The payment rate for corn shall be the amount by which the
higher of--,
"(i) the national weighted average market price received by
farmers during the first five months of the marketing year for
such crop, as determined by the Secretary, or
"(ii) the loan level determined under subsection (a) of this
section for such crop
is less than the established price per bushel.
"(C) The established price for corn shall be not less than $2.70 per
bushel for the 1982 crop, $2.86 per bushel for the 1983 crop, $3.03 per
bushel for the 1984 crop, and $3.18 per bushel for the 1985 crop. Any
such established price may be adjusted by the Secretary as the Secretary
determines to be appropriate to reflect any change in (i) the average
adjusted cost of production per acre for the two crop years immediately
preceding the year for which the determination is made from (ii) the
average adjusted cost of production per acre for the two crop years
immediately preceding the year previous to the one for which the
determination is made. The adjusted cost of production for each of such
years may be determined by the Secretary on the basis of such
information as the Secretary finds necessary and appropriate for the
purpose and may include variable costs, machinery ownership costs, and
general farm overhead costs, allocated to the crops involved on the
basis of the proportion of the value of the total production derived
from each crop.
"(D) Notwithstanding the foregoing provisions of this section, if the
Secretary adjusts the level of loans and purchases for corn in
accordance with the proviso in subsection (a)(1) of this section, the
Secretary shall provide emergency compensation by increasing the
established price payments for corn by such amount as the Secretary
determines necessary to provide the same total return to producers as if
the adjustment in the level of loans and purchases had not been made:
Provided, That any such payments under this subparagraph shall not be
included in the payments subject to limitations under the provisions of
section 1101 of the Agriculture and Food Act of 1981.
"(E) The payment rate for grain sorghums, oats, and, if designated by
the Secretary, barley, shall be such rate as the Secretary determines
fair and reasonable in relation to the rate at which payments are made
available for corn.
"(F) The total quanity on which payments would otherwise be payable
to a producer on a farm for any crop under this paragraph shall be
reduced by the quantity on which any disaster payment is made to the
producer for the crop under paragraph (2) of this subsection.
"(2)(A) Except as provuded in subparagraph (C) of this paragraph, if
the Secretary determines that the producers on a farm are prevented from
planting any portion of the acreage intended for feed grains to feed
grains or other nonconserving crops because of drought, flood, or other
natural disaster, or other condition beyond the control of the
producers, the Secretary shall make a prevented planting disaster
payment to the producers on the number of acres so affected but not to
exceed the acreage planted to feed grains for harvest (including any
acreage which the producers were prevented from planting to feed grains
or other nonconserving crop in lieu of feed grains because of drought,
flood, or other natural disaster, or other condition beyond the control
of the producers) in the immediately preceding year, multiplied by 75
per centum of the farm program payment yield established by the
Secretary times a payment rate equal to 33 1/3 per centum of the
established price for the crop.
"(B) Except as provided in subparagraph (C) of this paragraph, if the
Secretary determines that because of drought, flood, or other natural
disaster, or other condition beyond the control of the producers, the
total quantity of feed grains which the producers are able to harvest on
any farm is less than the result of multiplying 60 per centum of the
farm program payment yield established by the Secretary for such crop by
the acreage planted for harvest for such crop, the Secretary shall make
a reduced yield disaster payment to the producers at a rate equal to 50
per centum of the established price for the crop for the deficiency in
production below 60 per centum for the crop.
"(C) Producers on a farm shall not be eligible for disaster payments
under this paragraph if crop insurance is available to them under the
Federal Crop Insurance Act // 7 USC 1501. // with respect to their feed
grain acreage.
"(D) Nothwithstanding the provisions of subparagraph (C) of this
paragraph, the Secretary may make disaster payments to producers on a
farm under this paragraph whenever the Secretary determines that--,
"(i) as the result of drought, flood, or other natural
disaster, or other condition beyond the control of the producers,
producers on a farm have suffered substantial losses of production
either from being prevented from planting feed grains or other
nonconservaing crop or from reduced yields, and that such losses
have created an economic emergency for the producers;
"(ii) Federal crop insurance indemnity payments and other forms
of assistance made available by the Federal Government to such
producers for such losses are insufficient to alleviate such
economic emergency, or no crop insurance covered the loss because
of transitional problems attendant to the Federal crop insurance
program; and
"(iii) additional assistance must be made available to such
producers to alleviate the economic emergency.
The Secretary may make such adjustments in the amountof payments made
available under this subparagraph with respect to individual farms so as
to assure the equitable allotment of such payments among producers
taking into account other forms of Federal disaster assistance provided
to the producers for the crop involved.
"(c)(1) The Secretary shall proclaim a national program acreage for
each of the 1982 through 1985 crops of feed grains. The proclamation
shall be made not later than November 15 of each calendar year for the
crop harvested in the next succeeding calendar year, except that in the
case of the 1982 crop, the proclamation shall be made as soon as
practicable after enactment of the Agriculture and Food Act of 1981.
The Secretary may revise the national program acreage first proclaimed
for any crop year for the purpose of determining the allocation factor
under paragraph (2) of this subsection if the Secretary determines it
necessary based upon the latest information, and the Secretary shall
proclaim such revised national program acreage as soon as it is made.
The national program acreage for feed grains shall be the number of
harvested acres the Secretary determines (on the basis of the weighted
national average of the farm program payment yields for the crop for
which the determination is made) will produce the quantity (less
imports) that the Secretary estimates will be utilized domestically and
for export during the marketing year for such crop. If the Secretary
determines that carryover stocks of feed grains are excessive or an
increase in stocks is needed to assure desirable carryover, the
Secretary may adjust the national program acreage by the amount the
Secretary determines will accomplish the desired increase or decrease in
carryover stocks.
"(2) The Secretary shall determine a program allocation factor for
each crop of feed grains. The allocation factor for feed grains shall
be determined by dividing the national program acreage for the crop by
the number of acres that the Secretary estimates will be harvested for
such crop, except that in no event shall the allocation factor for any
crop of feed grains be more than 100 per centum nor less than 80 per
centum.
"(3) The individual farm program acreage for each crop of feed grains
shall be determined by multiplying the allocation factor by the acreage
of feed grains planted for harvest on the farms for which individual
farm program acreages are required to be determined. The farm program
acreage shall not be further reduced by application of the allocation
factor if the producers reduce the acreage of feed grains planted for
harvest on the farm from the acreage base established for the farm under
subsection (e)(2) of this section by at least the percentage recommended
by the Secretary in the proclamation of the national program acreage.
The Secretary shall provide fair and equitable treatment for producers
on farms on which the acreage of feed grains planted for harvest is less
than the acreage base established for the farm under subsection (e)(2),
but for which the reduction is insufficient to exempt the farm from the
application of the allocation factor. In establishing the allocation
factor for feed grains, the Secretary may make such adjustment as the
Secretary deems necessary to take into account the extent of exemption
of farms under the foregoing provisions of this paragraph.
"(d) The farm program payment yield for each crop of feed grains
shall be the yield established for the farm for the previous crop year,
adjusted by the Secretary to provide a fair and equitable yield. If no
payment yield for feed grains was established for the farm in the
previous crop year, the Secretary may determine such yield as the
Secretary finds fair and reasonable. Notwithstanding the foregoing
provisions of this subsection, in the determination of yields, the
Secretary shall take into account the actual yields proved by the
producer, and neither such yields nor the farm program payment yield
established on the basis of such yields shall be reduced under other
provisions of this subsection. If the Secretary determines it
necessary, the Secretary may establish national, State, or county
program payment yields on the basis of historical yields, as adjusted by
the Secretary to correct for abnormal factors affecting such yields in
the historical period, or, if such data are not available, on the
Secretary's estimate of actual yields for the crop year involved. If
national, State, or county program payment yields are established, the
farm program payment yields shall balance to the national, State or
county program payment yields.
"(e)(1) Notwithstanding any other provision of this section, the
Secretary may provide for any crop either for a program under which the
acreage planted to feed grains would be limited as described in
paragraph (2) or a set-aside program as described in paragraph (3) of
this subsection if the Secretary determines that the total supply of
feed grains, in the absence of such a program, will be excessive, taking
into account the need for an adequate carryover to maintain reasonable
and stable supplies and prices and to meet a national emergency. The
Secretary shall announce any such feed grain acreage limitation program
or set-aside program not later than November 15 prior to the calendar
year in which the crop is harvested, except that in the case of the 1982
crop, the Secretary shall announce such program as soon as practicable
after enactment of the Agriculture and Food Act of 1981.
"(2) If a feed grain acreage limitation program is announced under
paragraph (1) of this subsection, such limitation shall be achieved by
applying a uniform percentage reduction to the acreage base for each
feed grain-producing farm. Producers who knowingly produce feed grains
in excess of the permitted feed grain acreage for the farm shall be
ineligible for feed grain loans, purchases, and payments with respect to
that farm. The Secretary may provide that no producer of malting barley
shall be required as a condition of eligibility for feed grain loans,
purchases, and payments to comply with any acreage limitation under this
paragraph if such producer has previously produced a malting variety of
barley, plants barley only of an acceptable malting variety for harvest,
and meets such other conditions as the Secretary may prescribe. The
acreage base for any farm for the purpose of determining any reduction
required to be made for anyyear as the result of a limitation under this
paragraph shall be the acreage planted on the farm to feed grains for
harvest in the crop year immediately preceding the year for which the
determination is made or, at the discretion of the Secretary, the
average acreage planted to feed grains for harvest in the two crop years
immediately preceding the year for which the determination is made. For
the purpose of the preceding sentence, acreage planted to feed grains
for harvest shall include any acreage which the producers were prevented
from planting to feed grains or other nonconserving crop in lieu of feed
grains because of drought, flood, or other natural disaster, or other
condition beyond the control of the producers. The Secretary may make
adjustments to reflect established crop-rotation practices and to
reflect such other factors as the Secretary determines should be
considered in determing a fair and equitable base. A number of acres on
the farm determined by dividing (A) the product obtained by multiplying
the number of acres required to be withdrawn from the production of feed
grains times the number of acres actually planted to such commodity, by
(B) the number of acres authorized to be planted to such commodity under
the limitation established by the Secretary shall be devoted to
conservation uses, in accordance with regulations issued by the
Secretary. The number of acres so determined is hereafter in this
subsection referred to as 'reduced acreage'. If an acreage limitation
program is announced under paragrapn (1) of this subsection for a crop
of feed grains, subsection (c) of this section shall not be applicable
to such crop, including any prior announcement which may have been made
under such subsection with respect to such crop. The individual farm
program acreage shall be the acreage planted on the farm to feed grains
for harvest within the permitted feed grain acreage for the farm as
established under this paragraph.
"(3) If a set-aside program is announced under paragraph (1) of this
subsection, then as a condition of eligibility for loans, purchases, and
payments authorized by this section, the producers on a farm must set
aside and devote to conservation uses an acreage of cropland equal to a
specified percentage, as determined by the Secretary, of the acreage of
feed grains planted for harvest for the crop for which the set-aside is
in effect. The set-aside acreage shall be devoted to conservation uses,
in accordance with regulations issued by the Secretary. If a set-aside
program is established, the Secretary may limit the acreage planted to
feed grains. Such limitation shall be applied on a uniform basis to all
feed grain-producing farms. The Secretary may make such adjustments in
individual set-aside acreages under this section as the Secretary
determines necessary to correct for abnormal factors affecting
production, and to give due consideration to tillable acreage,
crop-rotation practices, types of soil, soil and water conservation
measures, topography, and such other factors as the Secretary deems
necessary.
"(4) The regulations issued by the Secretary under paragraphs (2) and
(3) of this subsection with respect to acreage required to be devoted to
conservation uses shall assure protection of such acreage from weeds and
wind and water erosion. The Secretary may permit, subject to such terms
and conditions as the Secretary may prescribe, all or any part of such
acreage to be devoted to sweet sorghum, hay and grazing or the
production of guar, sesame, safflower, sunflower, castor beans, mustard
seed, crambe, plantago ovato, flaxseed, triticale, rye, or other
commodity, if the Secretary determines that such production is needed to
provide an adequate supply of such commodities, is not likely to
increase the cost of the price support program, and will not affect farm
income adversely.
"(5) The Secretary may make land diversion payments to producers of
feed grains, whether or not an acreage limitation or set-aside program
for feed grains is in effect, if the Secretary determines that such land
diversion payments are necessary to assist in adjusting the total
national acreage of feed grains to desirable goals. Such land diversion
payments shall be made to producers who, to the extent prescribed by the
Secretary, devote to approved conservation uses an acreage of cropland
on the farm in accordance with land diversion contracts entered into by
the Secretary with such producers. The amounts payable to producers
under land diversion contracts may be determined through the submission
of bids for such contracts by producers in such manner as the Secretary
may prescribe or such other means as the Secretary determines
appropriate. In determining the acceptability of contract offers, the
Secretary shall take into consideration the extent of the diversion to
be undertaken by the producers and the productivity of the acreage
diverted. The Secretary shall limit the total acreage to be diverted
under agreements in any county or local community so as not to affect
adversely the economy of the county or local community.
"(6) Any reduced acreage, set-aside acreage, and additional diverted
acreage may be devoted to wildlife food plots or wildlife habitat in
conformity with standards established by the Secretary in consultation
with wildlife agencies. The Secretary may pay an appropriate share of
the cost of practices designed to carry out the purposes of the
foregoing sentence. The Secretary may provide for an additional payment
on such acreage in an amount determined by the Secretary to be
appropriate in relation to the benefit to the general public if the
producer agrees to permit, without other compensation, access to all or
such portion of the farm, as the Secretary may prescribe, by the general
public, for hunting, trapping, fishing, and hiking, subject to
applicable State and Federal regulations.
"(7) An operator of a farm desiring to participate in the program
conducted under this subsection shall execute an agreement with the
Secretary providing for such participation not later than such date as
the Secretary may prescribe. The Secretary may, by mutual agreement
with the producers on the farm, terminate or modify any such agreement
if the Secretary determines such action necessary because of an
emergency created by drought or other disaster or to prevent or
alleviate a shortage in the supply of agricultural commodities.
"(f) If the failure of a producer to comply fully with the terms and
conditions of the program conducted under this section precludes the
making of loans, purchases, and payments, the Secretary may,
nevertheless, make such loans, purchases, and payments in such amounts
as the Secretary determines to be equitable in relation to the
seriousness of the failure. The Secretary may authorize the county and
State committees established under section 8(b) of the Soil Conservation
and Domestic Allotment Act // 16 USC 590h. // to waive or modify
deadlines and other program requirements in cases in which lateness or
failure to meet such other requirements does not affect adversely the
operation of the program.
"(g) The Secretary may issue such regulations as the Secretary
determines necessary to carry out the provisions of this section.
"(h) The Secretary shall carry out the program authorized by this
section through the Commodity Credit Corporation.
"(i) The provisions of section 8(g) of the Soil Conservation and
Domestic Allotment Act (relating to assignment of payments) shall apply
to payments under this section.
"(j) The Secretary shall provide for the sharing of payments made
under this section for any farm among the producers on the farm on a
fair and equitable basis.
"(k) Notwithstanding any other provision of law, compliance on a farm
with the terms and conditions of any other commodity program may not be
required as a condition of eligibility for loans, purchases, or payments
under this section if an acreage limitation program is established under
subsection (e)(2) of this section, but may be required if a set-aside
program is established under subsection (e)(3) of this section.".
ACT OF 1949
TO THE 1982 THROUGH 1985 CROPS OF FEED GRAINS
Sec. 402. Section 105 of the Agricultural Act of 1949 // 7 USC 1444b
// shall not be applicable to the 1982 through 1985 crops of feed
grains.
QUOTAS AND
RELATED PROVISIONS
Sec. 501. Sections 342, 343, 344, 345, 346, and 377 of the
Agricultural Adjustment Act of 1938 // 7 USC 1342// 7 USC 1342 - 1346,
1377. // shall not be applicable to upland cotton of the 1982 through
1985 crops.
COTTON ACREAGE
REDUCTION PROGRAM, AND LAND DIVERSION FOR
THE 1982
THROUGH 1985 CROPS OF UPLAND COTTON
Sec. 502. Effective only for the 1982 through 1985 crops of upland
cotton, section 103 of the Agricultural Act of 1949 // 7 USC 1444. //
is amended by adding at the end thereof a new subsection as follows:
"(g)(1) The Secretary shall, upon presentation of warehouse receipts
reflecting accrued storage charges of not more than sixty days, make
available for the 1982 through 1985 crops of upland cotton to producers
nonrecourse loans for a term of ten months from the first day of the
month in which the loan is made at such level as will reflect for Strict
Low Middling one-and-one-sixteenth-inch upland cotton (micronaire 3.5
through 4.9) at average location in the United States the smaller of (A)
85 per centum of the average price (weighted by market and month) of
such quality of cotton as quoted in the designated United States spot
markets during three years of the five--, year period ending July 31 in
the year in which the loan level is announced, excluding the year in
which the average price was the highest and the year in which the
average price was the lowest in such period, or (B) 90 per centum of the
average, for the fifteen-week period beginning July 1 of the year in
which the loan level is announced, of the five lowest-priced growths of
the growths quoted for Middling one-and-three-thirty-seconds-inch cotton
C.I.F. northern Europe (adjusted downward by the average difference
during the period April 15 through October 15 of the year in which the
loan is announced between such average northern European price quotation
of such quality of cotton and the market quotations in the designated
United States spot markets for Strict Low Middling
one-and-one-sixteenth-inch cotton (micronaire 3.5 through 4.9)). In no
event shall such loan level be less than 55 cents per pound. If for any
crop the average northern European price determined under clause (B) of
the first sentence of this paragraph is less than the average United
States spot market price determined under clause (A) of the first
sentence of this paragraph, the Secretary may, notwithstanding the
foregoing provisions of this paragraph, increase the loan level to such
level as the Secretary may deem appropriate, not in excess of the
average United States spot market price determined under clause (A) of
the first sentence of this paragraph. The loan level for any crop of
cotton shall be determined and announced by the Secretary not later than
November 1 of the calendar year preceding the marketing year for which
such loan is to be effective, except that in the case of the 1982 crop
such determination and announcement shall be made as soon as practicable
after enactment of the Agriculture and Food Act of 1981, and such level
shall not thereafter be changed. Nonrecourse loans provided for in this
subsection shall, upon request of the producer during the tenth month of
the loan period for the cotton, be made available for an additional term
of eight months, except that such request to extend the loan period
shall not be approved in a month when the average price of Strict Low
Middling one-and-one-sixteenth-inch cotton (micronaire 3.5 through 4.9)
in the designated spot markets for the preceding month exceeded 130 per
centum of the average price of such quality of cotton in such markets
for the preceding thirty-six-month period.
"(2) Whenever the Secretary determines that the average price of
Strict Low Middling one-and-one-sixteenth-inch cotton (micronaire 3.5
through 4.9) in the designated spot markets for a month exceeded 130 per
centum of the average price of such quality of cotton in such markets
for the preceding thirty-six months, notwithstanding any other provision
of law, the President shall immediately establish and proclaim a special
limited global import quota for upland cotton subject to the following
conditions:
"(A) The amount of the special quota shall be equal to
twenty--, one days of domestic mill consumption of upland cotton
at the seasonally adjusted average rate of the most recent three
months for which data are available.
"(B) If a special quota has been established under this
paragraph during the preceding twelve months, the amount of the
quota next established hereunder shall be the smaller of twenty--,
one days of domestic mill consumption calculated as set forth in
subparagraph (A) of this paragraph or the amount required to
increase the supply to 130 per centum of the demand.
"(C) As used in subparagraph (B) of this paragraph, the term
'supply' means, using the latest official data of the Bureau of
the Census, the United States Department of Agriculture, and the
United States Department of the Treasury, the carryover of upland
cotton at the beginning of the marketing year (adjusted to
four-hundred-and-eighty-pound bales) inwhich the special quota is
established, plus production of the current crop, plus imports to
the latest date available during the marketing year, and the term
'demand' means the average seasonally adjusted annual rate of
domestic mill consumption in the most recent three months for
which data are available, plus the larger of average exports of
upland cotton during the preceding six marketing years or
cumulative exports of upland cotton, plus outstanding export sales
for the marketing year in which the special quota is established.
"(D) When a special quota is established under the provisions
of this paragraph, a ninety-day period from the effective date of
the proclamation shall be allowed for entering cotton under such
quota.
Notwithstanding the foregoing provisions of this paragraph, a special
quota period shall not be established that overlaps an existing quota
period.
"(3)(A) In addition, payments shall be made for each of the 1982
through 1985 crops of upland cotton to the producers on each farm at a
rate equal to the amount by which the higher of--,
"(i) the average market price received by farmers for upland
cotton during the calendar year which includes the first five
months of the marketing year for such crop, as determined by the
Secretary, or
"(ii) the loan level determined under paragraph (1) of this
subsection for such crop,
is less than the established price per pound times in each case the farm
program acreage for cotton (determined in accordance with paragraph (7)
paragraph (9)(A) of this subsection, but in no event on a greater
acreage than the acreage actually planted to cotton for harvest),
multiplied by the farm program payment yield for cotton (determined in
accordance with paragraph (8) of this subsection).
"(B) The established price for upland cotton shall not be less than
the higher of (i) $0.71 per pound for the 1982 crop, $0.76 per pound for
the 1983 crop, $0.81 per pound for the 1984 crop, and $0.86 per pound
for the 1985 crop, plus any adjustment made for changes in production
costs as provided in subparagraph (C) of this paragraph, or (ii) 120 per
centum of the loan level determined for such crop under paragraph (1) of
this subsection.
"(C) The prices referred to in clause (i) of the preceding
subparagraph may be adjusted by the Secretary as the Secretary
determines to be appropriate to reflect any change in (i) the average
adjusted cost of production per acre for the two crop years immediately
preceding the year for which the determination is made from (ii) the
average adjusted cost of production per acre for the two crop years
immediately preceding the year previous to the one for which the
determination is made. The adjusted cost of production for each of such
years may be determined by the Secretary on the basis of such
information as the Secretary finds necessary and appropriate for the
purpose and may include variable costs, machinery ownership costs, and
general farm overhead costs, allocated to the crops involved on the
basis of the proportion of the value of the total production derived
from each crop.
"(D) The total quantity on which payments would otherwise be payable
to a producer for any crop under this paragraph shall be reduced by the
quantity on which any disaster payment is made to the producer for the
crop under paragraph (4) of this subsection.
"(4)(A) Except as provided in subparagraph (C) of this paragraph, if
the Secretary determines that the producers on a farm are prevented from
planting any portion of the acreage intended for cotton to cotton or
other nonconserving crops because of drought, flood, or other natural
disaster, or other condition beyond the control of the producers, the
Secretary shall make a prevented planting disaster payment to the
producers on the number of acres so affected but not to exceed the
acreage planted to cotton for harvest (including any acreage which the
producers were prevented from planting to cotton or other nonconserving
crop in lieu of cotton because of drought, flood, or other natural
disaster, or other condition beyond the control of the producers) in the
immediately preceding year, multiplied by 75 per centum of the farm
program payment yield established by the Secretary times a payment rate
equal to 331/3 per centum of the established price for the crop.
"(B) Except as provided in subparagraph (C) of this paragraph, if the
Secretary determines that because of drought, flood, or other natural
disaster, or other condition beyond the control of the producers, the
total quantity of cotton which the producers are able to harvest on any
farm is less than the result of multiplying 75 per centum of the farm
program payment yield established by the Secretary for such crop by the
acreage planted for harvest for such crop, the Secretary shall make a
reduced yield disaster payment to the producers at a rate equal to 331/3
per centum of the established price for the crop for the deficiency in
production below 75 per centum for the crop.
"(C) Producers on a farm shall not be eligible for disaster payments
under this paragraph if crop insurance is available to them under the
Federal Crop Insurance Act // 7 USC 1501. // with respect to their
cotton acreage.
"(D) Notwithstanding the provisions of subparagraph (C) of this
paragraph, the Secretary may make disaster payments to producers on a
farm under this paragraph whenever the Secretary determines that--,
"(i) as the result of drought, flood, or other natural
disaster, or other condition beyond the control of the producers,
producers on a farm have suffered substantial losses of production
either from being prevented from planting cotton or other
nonconserving crop or from reduced yields, and that such losses
have created an economic emergency for the producers;
"(ii) Federal crop insurance indemnity payments and other forms
of assistance made available by the Federal Government to such
producers for such losses are insufficient to alleviate such
economic emergency, or no crop insurance covered the loss because
of transitional problems attendant to the Federal crop insurance
program; and
"(iii) additional assistance must be made available to such
producers to alleviate the economic emergency.
The Secretary may make such adjustments in the amount of payments made
available under this subparagraph with respect to individual farms so as
to assure the equitable allotment of such payments among producers
taking into account other forms of Federal disaster assistance provided
to the producers for the crop involved.
"(5) The Secretary shall establish for each of the 1982 through 1985
crops of upland cotton a national program acreage. Such national
program acreage shall be announced by the Secretary not later than
November 1 of the calendar year preceding the year for which such
acreage is established, except that in the case of the 1982 crop, such
announcement shall be made as soon as practicable after enactment of the
Agriculture and Food Act of 1981. The Secretary may revise the national
program acreage first announced for any crop year for the purpose of
determining the allocation factor under paragraph (6) of this subsection
if the Secretary determines it necessary based upon the latest
information, and the Secretary shall announce such revised national
program acreage as soon as it has been made. The national program
acreage shall be the number of harvested acres the Secretary determines
(on the basis of the estimated weighted national average of the farm
program yields for the crop for which the determination is made) will
produce the quantity (less imports) that the Secretary estimates will be
utilized domestically and for export during the marketing year for such
crop. The national program acreage shall be subject to such adjustment
as the Secretary determines necessary, taking into consideration the
estimated carryover supply, so as to provide for an adequate but not
excessive total supply of cotton for the marketing year for the crop for
which such national program acreage is established. In no event shall
the national program acreage be less than ten million acres.
"(6) The Secretary shall determine a program allocation factor for
each crop of upland cotton. The allocation factor (not to exceed 100
per centum) shall be determined by dividing the national program acreage
for the crop by the number of acres that the Secretary estimates will be
harvested for such crop.
"(7) The individual farm program acreage for each crop of upland
cotton shall be determined by multiplying the allocation factor by the
acreage of cotton planted for harvest on the farms for which individual
farm program acreages are required to be determined. The farm program
acreage shall not be further reduced by application of the allocation
factor if the producers reduce the acreage of cotton planted for harvest
on the farm from the acreage base established for the farm under
paragraph (9)(A) of this subsection by at least the percentage
recommended by the Secretary in the announcement of the national program
acreage. The Secretary shall provide fair and equitable treatment for
producers on farms on which the acreage of cotton planted for harvest is
less than the acreage base established for the farm under paragraph
(9)(A) of this subsection, but for which the reduction is insufficient
to exempt the farm from the application of the allocation factor. In
establishing the allocation factor for upland cotton, the Secretary may
make such adjustment as the Secretary deems necessary to take into
account the extent of exemption of farms under the foregoing provisions
of this paragraph.
"(8) The farm program payment yield for each crop of upland cotton
shall be determined on the basis of the actual yields per harvested acre
on the farm for the preceding three years, except that the actual yields
shall be adjusted by the Secretary for abnormal yields in any year
caused by drought, flood, or other natural disaster, or other condition
beyond the control of the producers. In case farm yield data for one or
more years are unavailable or there was no production, the Secretary
shall provide for appraisals to be made on the basis of actual yields
and program payment yields for similar farms in the area for which data
are available. Notwithstanding the foregoing provisions of this
paragraph, in the determination of yields, the Secretary shall take into
account the actual yields proved by the producer, and neither such
yields nor the farm program payment yield established on the basis of
such yields shall be reduced under other provisions of this paragraph.
If the Secretary determines it necessary, the Secretary may establish
national, State, or county program payment yields on the basis of
historical yields, as adjusted by the Secretary to correct for abnormal
factors affecting such yields in the historical period, or, if such data
are not available, on the Secretary's estimate of actual yields for the
crop year involved. If national, State, or county program payment
yields are established, the farm program payment yields shall balance to
the national, State, or county program payment yields.
"(9)(A) Notwithstanding any other provision of this subsection, the
Secretary may establish a limitation on the acreage planted to upland
cotton if the Secretary determines that the total supply of upland
cotton, in the absence of such limitation, will be excessive taking into
account the need for an adequate carryover to maintain reasonable and
stable supplies and prices and to meet a national emergency. Such
limitation shall be achieved by applying a uniform percentage reduction
to the acreage base for each cotton-producing farm. Producers who
knowingly produce cotton in excess of the permitted cotton acreage for
the farm shall be ineligible for cotton loans and payments with respect
to that farm. The acreage base for any farm for the purpose of
determining any reduction required to be made for any year as a result
of a limitation under this subparagraph shall be the acreage planted on
the farm to upland cotton for harvest in the crop year immediately
preceding the year for which the determination is made or, at the
discretion of the Secretary, the average acreage planted to upland
cotton for harvest in the two crop years immediately preceding the year
for which the determination is made. For the purpose of the preceding
sentence, acreage planted to cotton for harvest shall include any
acreage which the producers were prevented from planting to cotton or
other nonconserving crop in lieu of cotton because of drought, flood, or
other natural disaster, or other condition beyond the control of the
producers. The Secretary may make adjustments to reflect established
crop-rotation practices and to reflect such other factors as the
Secretary determines should be considered in determining a fair and
equitable base. A number of acres on the farm determined by dividing
(i) the product obtained by multiplying the number of acres required to
be withdrawn from the production of upland cotton times the number of
acres actually planted to such commodity, by (ii) the number of acres
authorized to be planted to such commodity under the limitation
established by the Secretary shall be devoted to conservation uses, in
accordance with regulations issued by the Secretary, which will assure
protection of such acreage from weeds and wind and water erosion. The
number of acres so determined is hereafter in this subsection referred
to as 'reduced acreage'. The Secretary may permit, subject to such
terms and conditions as the Secretary may prescribe, all or any part of
the reduced acreage to be devoted to sweet sorghum, hay and grazing, or
the production of guar, sesame, safflower, sunflower, castor beans,
mustard seed, crambe, plantago ovato, flaxseed, triticale, rye, or other
commodity, if the Secretary determines that such production is needed to
provide an adequate supply of such commodities, is not likely to
increase the cost of the price support program, and will not affect farm
income adversely. If an acreage limitation program is announced under
this paragraph for a crop of upland cotton, paragraphs (5), (6), and (7)
of this subsection shall not be applicable to such crop, including any
prior announcement which may have been made under such paragraphs with
respect to such crop. The individual farm program acreage shall be the
acreage planted on the farm to upland cotton for harvest within the
permitted upland cotton acreage for the farm as established under this
paragraph.
"(B) The Secretary may make land diversion payments to producers of
upland cotton, whether or not an acreage limitation for upland cotton is
in effect, if the Secretary determines that such land diversion payments
are necessary to assist in adjusting the total national acreage of
upland cotton to desirable goals. Such land diversion payments shall be
made to producers who, to the extent prescribed by the Secretary, devote
to approved conservation uses an acreage of cropland on the farm in
accordance with land diversion contracts entered into by the Secretary
with such producers. The amounts payable to producers under land
diversion contracts may be determined through the submission of bids for
such contracts by producers in such manner as the Secretary may
prescribe or through such other means as the Secretary determines
appropriate. In determining the acceptability of contract offers, the
Secretary shall take into consideration the extent of the diversion to
be undertaken by the producers and the productivity of the acreage
diverted. The Secretary shall limit the total acreage to be diverted
under agreements in any county or local community so as not to affect
adversely the economy of the county or local community.
"(C) The reduced acreage and the diverted acreage may be devoted to
wildlife food plots or wildlife habitat in conformity with standards
established by the Secretary in consultation with wildlife agencies.
The Secretary may pay an appropriate share of the cost of practices
designed to carry out the purposes of the foregoing sentence. The
Secretary may provide for an additional payment on such acreage in an
amount determined by the Secretary to be appropriate in relation to the
benefit to the general public if the producer agrees to permit, without
other compensation, access to all or such portion of the farm, as the
Secretary may prescribe, by the general public, for hunting, trapping,
fishing, and hiking, subject to applicable State and Federal
regulations.
"(10) An operator of a farm desiring to participate in the program
conducted under paragraph (9) of this subsection shall execute an
agreement with the Secretary providing for such participation not later
than such date as the Secretary may prescribe. The Secretary may, by
mutual agreement with the producers on the farm, terminate or modify any
such agreement if the Secretary determines such action necessary because
of an emergency created by drought or other disaster or to prevent or
alleviate a shortage in the supply of agricultural commodities.
"(11) The Secretary shall provide for the sharing of payments made
under this subsection for any farm among the producers on the farm on a
fair and equitable basis.
"(12) The Secretary shall provide adequate safeguards to protect the
interests of tenants and sharecroppers.
"(13) If the failure of a producer to comply fully with the terms and
conditions of the program formulated under this subsection precludes the
making of loans and payments, the Secretary may, nevertheless, make such
loans and payments in such amounts as the Secretary determines to be
equitable in relation to the seriousness of the failure. The Secretary
may authorize the county and State committees established under section
8(b) of the Soil Conservation and Domestic Allotment Act // 16 USC 590h.
// to waive or modify deadlines and other program requirements in cases
in which lateness or failure to meet such other requirements does not
affect adversely the operation of the program.
"(14) The Secretary may issue such regulations as the Secretary
determines necessary to carry out the provisions of this subsection.
"(15) The Secretary shall carry out the program authorized by this
subsection through the Commodity Credit Corporation.
"(16) The provisions of subsection 8(g) of the Soil Conservation and
Domestic Allotment Act (relating to assignment of payments) shall apply
to payments under this subsection.
"(17) Notwithstanding any other provision of law, compliance on a
farm with the terms and conditions of any other commodity program may
not be required as a condition of eligibility for loans or payments
under this subsection.
"(18) In order to encourage and assist producers in the orderly
ginning and marketing of their cotton production, the Secretary shall
make recourse loans available to such producers on seed cotton in
accordance with authority vested in the Secretary under the Commodity
Credit Corporation Charter Act.". // 15 USC 714 //
Sec. 503. Effective only with respect to the period beginning August
1, 1978, and ending July 31, 1986, the tenth sentence of section 407 of
the Agricultural Act of 1949 // 7 USC 1427. // is amended by striking
out all of that sentence through the words "110 per centum of the loan
rate, and (2)" and inserting in lieu thereof the following: "
Notwithstanding any other provision of law, (1) the Commodity Credit
Corporation shall sell upland cotton for unrestricted use at the same
prices as it sells cotton for export, in no event, however, at less than
115 per centum of the loan rate for Strict Low Middling one and
one-sixteenth inch upland cotton (micronaire 3.5 through 4.9) adjusted
for such current market differentials reflecting grade, quality,
location, and other value factors as the Secretary determines
appropriate plus reasonable carrying charges, and (2)".
Sec. 504. Sections 103(a) and 203 of the Agricultural Act of 1949 //
7 USC 1444, 1446d. // shal not be applicable to the 1982 through 1985
crops.
Sec. 505. Section 374(a) of the Agricultural Adjustment Act of 1938
// 7 USC 1374. // is amended by striking out "1981" and inserting in
lieu thereof "1985".
COTTON
Sec. 506. // 7 USC 1342 // Notwithstanding any other provision of
law, the permanent State, county, and farm base acreage allotments for
the 1977 crop of upland cotton, adjusted for any underplantings in 1977
and reconstituted as provided in section 379 of the Agricultural
Adjustment Act of 1938, // 7 USC 1379. // as amended, shall again
become effective as preliminary allotments for the 1986 crop.
Sec. 507. Section 403 of the Agricultural Act of 1949 // 7 USC 1423.
// is amended by adding at the end thereof the following: " Beginning
with the 1982 crop, the quality differences (premiums and discounts for
grade, staple, and micronaire) for the upland cotton loan program shall
be established by the Secretary by giving equal weight to (1) loan
differences for the preceding crop and (2) the market differences for
such crop in the nine designated United States spot markets. The
Secretary shall establish a study committee of ten members, eight of
whom shall be representatives of cotton producers selected to equally
repressent eachof the four major geographic regins which produce and
market upland cotton, one of whom shall be a representative of cotton
merchants, and one of whom shall be a representative of the textile
manufacturers. The committee shall study alternative methods of
establishing values of premiums and discounts for grade, staple, and
micronaire for the upland cotton loan program that will accurately
represent true relative market values and reflect actual market demand
for upland cotton produced in the United States. The committee shall
submit the results of such study to the Secretary at the earliest
practicable date together with such recommendations as the committee
considers appropriate. The Secretary may, prior to the announcement of
loan rate differences for the 1982 crop of upland cotton, review the
procedures and criteria, including the recommendations made by the study
committee and the formula provided in the fifth sentence of this section
for determining quality differences, including the loan differentials
for grade, staple, and micronaire for the upland cotton loan program
and, on the basis of such review, revise such procedures and criteria to
accurately reflect the actual market value of upland cotton produced in
the United States.".
Sec. 508. Effective beginning with the 1982 crop of extra long
staple cotton, section 101(f) of the Agricultural Act of 1949 // 7 USC
1441. // is amended to read as follows:
"(f) The provisions of this Act relating to price support for
cotton shall apply severally to (1) American upland cotton and (2)
extra long staple cotton described in subsection (a) and ginned as
required by subsection (e) of section 347 of the Agricultural
Adjustment Act of 1938,
// 7 USC 1347. //
as amended, except that, notwithstanding any other provision of
this Act, price support shall be made available for the 1982 and
each subsequent crop of extra long staple cotton through
nonrecourse loans as provided in this subsection. If producers
have not disapproved marketing quotas for any crop of extra long
staple cotton, price support loans shall be made available to
cooperators for such crop at a level which is not less than 75 per
centum or more than 125 per centum in excess of the loan level
established for Strict Low Middling one and one-sixteenth inch
upland cotton (micronaire 3.5 through 4.9) of such crop at average
location in the United States. If producers have disapproved
marketing quotas for any crop of extra long staple cotton, price
support loans shall be made available to cooperators for such crop
at a level which shall be 50 per centum in excess of the loan
level established for Strict Low Middling one and one-sixteenth
inch upland cotton (micronaire 3.5 through 4.9) of such crop at
average location in the United States. Nothing contained herein
shall affect the authority of the Secretary to make price support
available for extra long staple cotton in accordance with section
402 of this Act.".
// 7 USC 1422. //
ALLOTMENTS,
ALLOCATIONS, APPORTIONMENT, MARKETING QUOTAS, AND
PENALTIES
Sec. 601. Effective beginning with the 1982 crop of rice, sections
352, 353, 354, 355, and 356 of the Agricultural Adjustment Act of 1938
// 7 USC 1352 - 1356. // are repealed.
ACREAGE
REDUCTION PROGRAM, AND LAND DIVERSION FOR
THE 1982 THROUGH
1985 CROPS OF RICE
Sec. 602. Effective only for the 1982 through 1985 crops of rice,
section 101 of the Agricultural Act of 1949 // 7 USC 1441. // is
amended by adding at the end thereof a new subsection as follows:
"(i) Notwithstanding any other provision of law--,
"(1) The Secretary shall make available to producers in the
several States of the United States loans and purchases for each
of the 1982 through 1985 crops of rice at such level as bears the
same ratio to the loan level for the preceding year's crop as the
established price for each such crop bears to the established
price for the preceding year's crop. If the Secretary determines
that loans and purchases at the foregoing level for any of the
1982 through 1985 crops would substantially discourage the
exportation of rice and result in excessive stocks of rice in the
United States, the Secretary may, notwithstanding the foregoing
provisions of this paragraph, establish loans and purchases for
any such crop at such level, not less than $8 per hundredweight,
as the Secretary determines necessary to avoid such consequences:
Provided, That the loan and purchase level for the succeeding crop
shall be established on the basis of the loan and purchase level
established for the preceding crop year before the application of
this sentence. The loan and purchase level and the established
price for each of the 1982 through 1985 crops of rice shall be
announced not later than March 1 of each calendar year for the
crop harvested in that calendar year.
"(2)(A) In addition, the Secretary shall make available to
producers payments for each of the 1982 through 1985 crops of rice
grown in the several States of the United States in an amount
computed as provided in this paragraph. Payments for each such
crop of rice shall be computed by multiplying (i) the payment
rate, by (ii) the farm program acreage for the crop, by (iii) the
yield established for the farm. In no event shall payments be
made under this paragraph for any crop on a greater acreage than
the acreage actually planted to rice.
"(B) The payment rate for rice shall be the amount by which the
established price for the crop of rice exceeds the higher of--,
such
crop, as determined by the Secretary, or
"(C) The established price for rice shall be not less than
$10.85 per hundredweight for the 1982 crop, $11.40 per
hundredweight for the 1983 crop, $11.90 per hundredweight for the
1984 crop, and $12.40 per hundredweight for the 1985 crop. Any
such established price may be adjusted by the Secretary as the
Secretary determines to be appropriate to reflect any change in
(i) the average adjusted cost of production per acre for the two
crop years immediately preceding the year for which the
determination is made from (ii) the average adjusted cost of
production per acre for the two crop years immediately preceding
the year previous to the one for which the determination is made.
The adjusted cost of production for each of such years may be
determined by the Secretary on the basis of such information as
the Secretary finds necessary and appropriate for the purpose and
may include variable costs, machinery ownership costs, and general
farm overhead costs, allocated to the crops involved on the basis
of the proportion of the value of the total production derived
from each crop.
"(D) The yield established for the farm for any year shall be
determined on the basis of the actual yields per harvested acre
for the three preceding years. The actual yields shall be
adjusted by the Ssecretary for abnormal yields in any year caused
by drought, flood, other natural disaster, or other condition
beyond the control of the producers. If no rice was produced on
the farm during such period, the yield shall be determined taking
into consideration the yield of comparable farms in the
surrounding area and such other factors as the Secretary
determines will produce a fair and equitable yield.
"(E) The total quantity on which payments would otherwise be
payable to a producer on a farm for any crop under this paragraph
shall be reduced by the quantity on which any disaster payment is
made to the producer for the crop under paragraph (3) of this
subsection.
"(3)(A) Except as provided in subparagraph (C) of this
paragraph, if the Secretary determines that the producers on a
farm are prevented from planting any portion of the acreage
intended for rice to rice or other nonconserving crops because of
drought, flood, or other natural disaster, or other condition
beyond the control of the producers, the Secretary shall make a
prevented planting disaster payment to the producers on the number
of acred so affected but not to exceed the acreage planted to rice
for harvest (including any acreage which the producers were
prevented from planting to rice or other nonconserving crop in
lieu of rice because of drought, flood, or other natural disaster,
or other condition beyond the control of the producers) in the
immediately preceding year, multiplied by 75 per centum of the
yield established for the farm times a payment rate equal to 33
1/3 per centum of the established price for the crop.
"(B) Except as provided in subparagraph (C) of this paragraph,
if the Secretary determines that because of drought, flood, or
other natural disaster, or other condition beyond the control of
the producers, the total quantity of rice which the producers are
able to harvest on any farm is less than the result of multiplying
75 per centum of the yield established for the farm for such crop
by the acreage planted for harvest for such crop, the Secretary
shall make a reduced yield disaster payment to producers at a rate
equal to 33 1/3 per centum of the established price for the crop
for the deficiency in production below 75 per centum for the crop.
"(C) Producers on a farm shall not be eligible for disaster
payments under this paragraph if crop insurance is available to
them under the Federal Crop Insurance Act
// 7 USC 1501. //
with respect to their rice acreage.
"(D) Notwithstanding the provisions of subparagraph (C) of this
paragraph, the Secretary may make disaster payments to producers
on a farm under this paragraph whenever the Secretary determines
that--,
producers,
producers on a farm have suffered substantial losses of
production either from being prevented from planting
rice or
other nonconserving crop or from reduced yields, and
that
such losses have created an economic emergency for the
producers;
insufficient
to alleviate such economic emergency, or no crop
insurance covered the loss because of transitional
problems
attendant to the Federal crop insurance program; and
such
producers to alleviate the economic emergency.
The Secretary may make such adjustments in the amount of payments
made available under this subparagraph with respect to individual
farms so as to assure the equitable allotment of such payments
among producers taking into account other forms of Federal
disaster assistance provided to the producers for the crop
involved.
"(4)(A) The Secretary shall proclaim a national program acreage
for each of the 1982 through 1985 crops of rice. The proclamation
shall be made not later than January 31 of each calendar year for
the crop harvested in that calendar year. The Secretary may
revise the national program acreage first proclaimed for any crop
year for the purpose of determining the allocation factor under
subparagraph (B) of this paragraph if the Secretary determines a
revision necessary based upon the latest information, and the
Secretary shall proclaim such revised national program acreage as
soon as it is made. The national program acreage for rice shall
be the number of harvested acres the Secretary determines (on the
basis of the weighted national average of the farm established for
the crop for which the determination is made) will produce the
quantity (less imports) that the Secretary estimates will be
utilized domestically and for export during the marketing year for
such crop. If the Secretary determines that carryover stocks of
rice are excessive or an increase in stocks is needed to assure
desirable carryover, the Secretary may adjust the national program
acreage by the amount the Secretary determines will accomplish the
desired increase or decrease in carryover stocks.
"(B) The Secretary shall determine a program allocation factor
for each crop of rice. The allocation factor for rice shall be
determined by dividing the national program acreage for the crop
by the number of acres that the Secretary estimates will be
harvested for such crop. In no event may the allocation factor
for any crop of rice be more than 100 per centum nor less than 80
per centum.
"(C) The individual farm program acreage for each crop of rice
shall be determined by multiplying the allocation factor by the
acreage of rice planted for harvest on the farms for which
individual farm program acreages are required to be determined.
The farm program acreage shall not be further reduced by
application of the allocation factor if the producers reduce the
acreage of rice planted for harvest on the farm from the acreage
base established for the farm under paragraph (5)(A) of this
subsection by at least the percentage recommended by the Secretary
in the proclamation of the national program acreage. The
Secretary shall provide fair and equitable treatment for producers
on farms on which the acreage of rice planted for harvest is less
than the acreage base established for the farm under paragraph
(5)(A) of the subsection, but for which the reduction is
insufficient to exempt the farm from the application of the
allocation factor. In establishing the allocation factor for
rice, the Secretary may make such adjustment as the Secretary
deems necessary to take into account the extent of exemption of
farms under the foregoing provisions of this paragraph.
"(5)(A) Notwithstanding any other provision of this subsection,
the Secretary may establish a limitation on the acreage planted to
rice if the Secretary determines that the total supply of rice, in
the absence of such limitation, will be excessive taking into
account the need for an adequate carryover to maintain reasonable
and stable supplies and prices and to meet a national emergency.
Any such limitation shall be announced by the Secretary not later
than January 31 of the calendar year in which the crop for which
the announcement is made is harvested. Such limitation shall be
achieved by applying a uniform percentage reduction to the acreage
base for each rice-producing farm. Producers who knowingly
produce rice in excess of the permitted rice acreage for the farm
shall be ineligible for rice loans, purchases, and payments with
respect to that farm. The acreage base for any farm for the
purpose of determining any reduction required to be made for any
year as the result of a limitation under this subparagraph shall
be the acreage planted on the farm to rice for harvest in the crop
year immediately preceding the year for which the determination is
made or, at the discretion of the Secretary, the average acreage
planted to rice for harvest in the two crop years immediately
preceding the year for which the determination is made. For the
purpose of the preceding sentence, acreage planted to rice for
harvest shall include any acreage which the producers were
prevented from planting to rice or other nonconserving crop in
lieu of rice because of drought, flood, or other natural disaster,
or other condition beyond the control of the producers. The
Secretary may make adjustments to reflect established
crop-rotation pracices and to reflect such other factors as the
Secretary determines should be considered in determing a fair and
equitable base. A number of acres on the farm determined by
dividing (i) the product obtained by multiplying the number of
acres required to be withdrawn from the production of rice times
the number of acres actually planted to rice, by (ii) the number
of acres authorized to be planted to rice under the limitation
established by the Secretary shall be devoted to conservation
uses, in accordance with regulations issued by the Secretary,
which will assure protection of such acreage from weeds and wind
and water erosion. The number of acres so determined is hereafter
in this subsection referred to as 'reduced acreage'. The Secretary
may permit, subject to such terms and conditions as the Secretary
may prescribe, all or any part of the reduced acreage to be
devoted to sweet sorghum, hay and grazing or the production of
guar, sesame, safflower, sunflower, castor beans, mustard seed,
crambe, plantago ovato, flaxseed, triticale, rye, or other
commodity, if the Secretary determines that such production is
needed to provide an adequate supply of such commodities, is not
likely to increase the cost of the price support program, and will
not affect farm income adversely. If an acreage limitation
program is announced under this paragraph for a crop of rice,
paragraph (4) of this subsection shall not be applicable to such
crop, including any prior announcement which may have been made
under such paragraph with respect to such crop. The individual
farm program acreage shall be the acreage planted on the farm to
rice for harvest within the permitted rice acreage for the farm as
established under this paragraph.
"(B) The Secretary may make land diversion payments to
producers of rice, whether or not an acreage limitation for rice
is in effect, if the Secretary determines that such land diversion
payments are necessary to assist in adjusting the total national
acreage of rice to desirable goals. Such land diversion payments
shall be made to producers who, to the extent prescribed by the
Secretary, devote to approved conservation uses an acreage of
cropland on the farm in accordance with land diversion contracts
entered into by the Secretary with such producers. The amounts
payable to producers under land diversion contracts may be
determined through the submission of bids for such contracts by
producers in such manner as the Secretary may prescribe or through
such other means as the Secretary determines appropriate In
determining the acceptability of contract offers, the Secretary
shall take into consideration the extent of the diversion to be
undertaken by the producers and the productivity of the acreage
diverted. The Secretary shall limit the total acreage to be
diverted under agreements in any county or local community so as
not to affect adversely the economy of the county or local
community.
"(C) The reduced acreage and the additional diverted acreage
may be devoted to wildlife food plots or wildlife habitat in
conformity with standards established by the Secretary in
consultation with wildlife agencies. The Secretary may pay an
appropriate share of the cost of practices designed to carry out
the purposes of the foregoing sentence. The Secretary may provide
for an additional payment on such acreage in an amount determined
by the Secretary to be appropriate in relation to the benefit to
the general public if the producer agrees to permit, without other
compensation, access to all or such portion of the farm, as the
Secretary may prescribe, by the general public, for hunting,
trapping, fishing, and hiking, subject to applicable State and
Federal regulations.
"(D) An operator of a farm desiring to participate in the
program conducted under this paragraph shall execute an agreement
with the Secretary providing for such participation not later than
such date as the Secretary may prescribe. The Secretary may, by
mutual agreement with the producers on the farm, terminate or
modify any such agreement if the Secretary determines such action
necessary because of an emergency created by drought or other
disaster or to prevent or alleviate a shortage in the supply of
agricultural commodities.
"(6) The Secretary shall provide for the sharing of payments
made under this subsection for any farm among the producers on the
farm on a fair and equitable basis.
"(7) The Secretary shall provide adequate safeguards to protect
the interests of tenants and sharecroppers.
"(8) If the failure of a producer to comply fully with the
terms and conditions of the program formulated under this
subsection precludes the making of loans, purchases, and payments,
the Secretary may, nevertheless, make such loans, purchases, and
payments in such amounts as the Secretary determines to be
equitable in relation to the seriousness of the failure. The
Secretary may authorize the county and State committees
established under section 8(b) of the Soil Conservation and
Domestic Allotment Act
// 16 USC 590h. //
to waive or modify deadlines and other program requirements in
cases in which lateness or failure to meet such other requirements
does not affect adversely the operation of the program.
"(9) The Secretary may issue such regulations as the Secretary
determines necessary to carry out the provisions of this
subsection.
"(10) The Secretary shall carry out the program authorized by
this subsection through the Commodity Credit Corporation.
"(11) The provisions of subsection 8(g) of the Soil
Conservation and Domestic Allotment Act (relating to assignment of
payments shall apply to payments under this subsection.
"(12) Notwithstanding any other provision of law, compliance on
a farm with the terms and conditions of any other commodity
program may not be required as a condition of eligibility for
loans, purchases, or payments under this subsection.".
Sec. 603. // 7 USC 1441 // The Secretary of Agriculture shall by july
31, 1983, submit a report to Congress evaluating the trading of rice
futures on the commodity exchanges. The report shall contain an
assessment as to whether the rice futures prices effectively reflect the
market prices for rice except for certain factors such as carrying
charges and storage costs. In addition, the Secretary shall include in
such report an assessment of the feasibility of using the seasonal
average price received by farmers for rough rice or the futures price
for rice as a basis for calculating the support and loan rate for rice
as provided for in the Agricultural Act of 1949. // 7 USC 1421 // Such
report shall contain any other recommendations of the Secretary as may
relate to these matters.
ALLOTMENTS
Sec. 701. The following provisionsof the Agricultural Adjustment Act
of 1983 shall not be applicable to the 1982 through 1985 crops of
peanuts.
(1) Subsections (a) through (j) of section 358;
// 7 USC 1358 //
(2) Subsections (a) through (h) of section 358a;
// 7 USC 1358a //
(3) Subsections (a), (b), (d), and (e) of section 359;
// 7 USC 1359 //
(4) Part I of subtitle C of title III;
// 7 USC 1361 //
and
(5) Section 371.
// 7 USC 1371 //
Sec. 702. Effective only for the 1982 through 1985 crops of peanuts,
section 358 os the Agricultural Adjustment Act of 1983 // 7 USC 1358.
// is amended by adding at the end thereof new subsections as follows:
"(k) The national poundage quota for peanuts for each marketing year
shall be 1,200,000 tons for 1982; 1,167,300 tons for 1983; 1,134,700
tons for 1984; and 1,100,000 tons for 1985.
"(1)(1) The national poundage quota established under subsection (5)
of this section shall be apportioned among the States so that the
poundage quota allocated to each State shall be equal to the percentage
of the national poundage quota allocated to farms in the State for 1981.
"(2) Notwithstanding any other provision of this section--,
"(A) Beginning with the 1982 marketing year, the reduction in
the poundage quota allocated to any State for any marketing year
below the poundage quota to such State for the immediately
preceding marketing year (which poundage quota, for the 1981
marketing year, shall be deemed to be the total of the farm
poundage quotas allocated to farms in the State for such marketing
year) shall, insofar as practicable and on such fair and equitable
basis as the Secretary may by regulation prescribe, be
accomplished by reducing the farm poundage quota for each farm in
the State to the extent that the farm poundage quota has not been
produced on such farm. For purposes of the foregoing sentence,
the farm poundage quota shall be considered as not having been
produced on a farm to the extent that (i) during any crop year
immediately preceding the crop year for which the adjustment is
being made, such quota was not actually produced on the farm
because there was inadequate tillable cropland available on the
farm to produce such quota; or (ii) during any two of the three
crop years immediately preceding the crop year for which the
adjustment is made, (I) such quota was not actually produced for
any other reason (other than natural disasters or such other
reasons as the Secretary may prescribe), or (II) such quota was
produced but by another operator on a farm to which the poundage
quota (or the acreage allotment upon which such poundage quota was
based) was transferred by lease. To achieve the reduction in the
State poundage quota in any marketing year, the reductions in farm
poundage quotas shall be made first under clause (i) of the
preceding sentence and, if necessary, under clause (ii)(I) and
then clause (ii)(II) thereof.
"(B) If application of the provisions of subparagraph (A) of
this paragraph results in a total reduction of farm poundage
quotas that exceeds the reduction in the State poundage quota for
the marketing year, the reductions in the farm poundage quotas
shall be adjusted upward by the Secretary so that the total
reduction of farm poundage quotas equals the reduction in the
State poundage quota.
"(C) If application of the provisions of subparagraph (A) of
this paragraph results in a total reduction of farm poundage
quotas that is less than the reduction in the State poundage quota
for the marketing year, the balance of the reduction in the State
poundage quota shall be accomplished by such further reduction in
farm poundage quotas for farms in the State as the Secretary
determines to be fair and equitable.
"(m)(1) A farm poundage quota shall be established for each farm
which had an acreage allotment for the 1981 crop year. The farm
poundage quota for any such farm for the 1982 through 1985 marketing
years shall be the same as the farm poundage quota for such farm for the
immediately preceding marketing year, as adjusted under subsection (1)
of this section, but not including any increases for undermarketings
from previous marketing years, except that if the farm poundage quota,
or any part thereof, is permanently transferred in accordance with
section 358a of this Act, // 7 USC 1358a. // the receiving farm shall
be considered as possessing the farm poundage quota (or portion thereof)
of the transferring farm for all subsequent marketing years.
"(2) The farm poundage quota so determined shall be increased by the
number of pounds by which total marketings of quota peanuts from the
farm during previous marketing years (excluding any marketing year
before the marketing year for the 1980 crop) were less than the total
amount of the applicable farm poundage quotas (disregarding adjustments
for undermarketings from prior marketing years) for such marketing
years. Increases in farm poundage quotas made under this paragraph
shall not be counted against the national poundage quota for the
marketing year involved.
"(3) Notwithstanding the foregoing provisions of this subsection, if
the total of all increases in individual farm poundage quotas under
paragraph (2) of this subsection exceeds 10 per centum of the national
poundage quota for the marketing year in which such increases shall be
applicable, the Secretary shall adjust such increases so that the total
of all such increases does not exceed 10 per centum of the national
poundage quota.
"(n) For each farm for which a farm poundage quota was established
for the 1981 crop of peanuts, and when necessary for purposes of this
Act, a farm yield of peanuts shall be determined for each farm. Such
yield shall be equal to the average of the actual yield per acre on the
farm for each of the three crop years in which yields were highest on
the farm out of the five crop years 1973 through 1977. In the event
that peanuts were not produced on the farm in at least three years
during such five-year period or there was a substantial change in the
operation of the farm during such period (including, but not limited to,
a change in operator, lessee who is an operator, or irrigation
practices), the Secretary shall have a yield appraised for the farm.
The appraised yield shall be that amount determined to be fair and
reasonable on the basis of yields established for similar farms which
are located in the area of the farm and on which peanuts were produced,
taking into consideration land, labor, and equipment available for the
production of peanuts, crop rotation practices, soil and water, and
other relevant factors.
"(o) Not later than December 15 of each calendar year (or in the case
of the 1982 crop, as soon as practicable after enactment of the
Agriculture and Food Act of 1981), the Secretary shall conduct a
referendum of farmers engaged in the production of quota peanuts in the
calendar year in which the referendum is held to determine whether such
farmers are in favor of or opposed to poundage quotas with respect to
the crops of peanuts produced in the four calendar years immediately
following the year in which the referendum is held, except that, if as
many as two-thirds of the farmers voting in any referendum vote in favor
of poundage quotas, no referendum shall be held with respect to quotas
for the second, third, and fourth years of the period. The Secretary
shall proclaim the result of the referendum within 30 days after the
date on which it is held, and if more than one-third of the farmers
voting in the referendum vote against quotas, the Secretary also shall
proclaim that poundage quotas will not be in effect with respect to the
crop of peanuts produced in the calendar year immediately following the
calendar year in which the referendum is held. For purposes of this
subsection, if the referendum for the 1982 crop is held after December
31, 1981, it shall be deemed to have been held in calendar year 1981.
"(p) For the purposes of this part and title I of the Agricultural
Act of 1949--, // 7 USC 1441. //
"(1) 'quota peanuts' means, for any marketing year, any peanuts
produced on a farm having a farm poundage quota, as determined in
subsection (m) of this section, that are eligible for domestic
edible use as determined by the Secretary, that are marketed or
considered marketed from a farm, and that do not exceed the farm
poundage quota of such farm for such year;
"(2) 'additional peanuts' means, for any marketing year (A) any
peanuts that are marketed from a farm for which a farm poundage
quota has been established and that are in excess of the
marketings of quota peanuts from such farm for such year, and (B)
all peanuts marketed from a farm for which no farm poundage quota
has been established in accordance with subsection (m) of this
section.
"(3) 'crushing' means the processing of peanuts to extract oil
for food uses and meal for feed uses, or the processing of peanuts
by crushing or processing into flakes or otherwise when authorized
by the Secretary; and
"(4) 'domestic edible use' means use for milling to produce
domestic food peanuts (other than those described in paragraph (3)
of this subsection) and seed and use on a farm, except that the
Secretary may exempt from this definition seeds of peanuts that
are used to produce peanuts excluded under section 359(c) of this
Act,
// 7 USC 1359. //
are unique strains, and are not commercially available.".
Sec. 703. Effective only for the 1982 through 1985 crops of peanuts,
section 358a of the Agricultural Adjustment Act of 1938 // 7 USC 1358a.
// is amended by adding at the end thereof new subsections as follows:
"(i) The owner, or the operator with permission of the owner,
of any farm for which a farm poundage quota has been established
under this Act may, subject to such terms, conditions or
limitations as the Secretary may prescribe, sell or lease all or
any part of such poundage quota to any other owner or operator of
a farm within the same county for transfer to such farm. The
owner or operator of a farm may transfer all or any part of such
farm's farm poundage quota to any other farm owned or controlled
by such owner or operator that is in the same county or in a
county contiguous to such county in the same State and that had a
farm poundage quota for the 1981 crop. Notwithstanding the
foregoing provisions of this subsection, in the case of any State
for which the poundage quota allocated to the State was less than
10,000 tons for the 1981 crop, all or any part of a farm poundage
quota may be transferred by sale or lease or otherwise from a farm
in one county to a farm in another county in the same State.
"(j) Transfers (including transfer by sale or lease) of farm
poundage quotas under this section shall be subject to the
following conditions: (1) no transfer of the farm poundage quota
from a farm subject to a mortgage or other lien shall be permitted
unless the transfer is agreed to by the lienholders; (2) no
transfer of the farm poundage quota shall be permitted if the
county committee established under section 8(b) of the Soil
Conservation and Domestic Allotment Act
// 16 USC 590h. //
determines that the receiving farm does not have adequate tillable
cropland to produce the farm poundage quota; (3) no transfer of
the farm poundage quota shall be effective until a record thereof
is filed with the county committee of the county to which such
transfer is made and such committee determines that the transfer
complies with the provisions of this section; and (4) such other
terms and conditions that the Secretary may by regulation
prescribe.".
PEANUTS
Sec. 704. Effective only for the 1982 through 1985 crops of peanuts,
section 359 of the Agricultural Adjustment Act of 1938 // 7 USC 1359.
// is amended by adding at the end thereof new subsections as follows:
"(f)(1) The marketing of any peanuts for domestic edible use in
excess of the farm poundage quota for the farm on which such
peanuts are produced shall be subject to penalty at a rate equal
to 140 per centum of the support price for quota peanuts for the
marketing year (August 1 through July 31) in which such marketing
occurs. The marketing of any additional peanuts from a farm shall
be subject to the same penalty unless such peanuts, in accordance
with regulations established by the Secretary, are either (A)
placed under loan at the additional loan rate in effect for such
peanuts under section 108 A of the Agricultural Act of 1949 and
not redeemed by the producers, (B) marketed through an area
marketing association designated pursuant to section 108 A(3)(A)
of the Agricultural Act of 1949, or (C) marketed under contracts
between handlers and producers, pursuant to the provisions of
subsection (j) of this section. Such penalty shall be paid by the
person who buys or otherwise acquires the peanuts from the
producer, or if the peanuts are marketed by the producer through
an agent, the penalty shall be paid by such agent, and such person
or agent may deduct an amount equivalent to the penalty from the
price paid to the producer. If the person required to collect the
penalty fails to collect such penalty, such person and all persons
entitled to share in the peanuts marketed from the farm or the
proceeds thereof shall be jointly and severally liable for the
amount of the penalty. Peanuts produced in a calendar year in
which farm poundage quotas are in effect for the marketing year
beginning therein shall be subject to such quotas even though the
peanuts are marketed prior to the date on which such marketing
year begins. If any producer falsely identifies or fails to
certify planted acres or fails to account for the disposition of
any peanuts produced on such planted acres, an amount of peanuts
equal to the farm's average yield, as determined under section
358(n) of this Act, times the planted acres, shall be deemed to
have been marketed in violation of permissible uses of quota and
additional peanuts and the penalty in respect thereof shall be
paid and remitted by the producer.
"(2) The Secretary shall authorize, under such regulations as
the Secretary shall prescribe, the county committees established
under section 8(b) of the Soil Conservation and Domestic Allotment
Act
// 16 USC 590h. //
to waive or reduce marketing penalties provided for under this
subsection in cases in which such committees determine that the
violations that were the basis of the penalties were unintentional
or without knowledge on the part of the parties concerned. Errors
in weight that do not exceed one-tenth of 1 per centum in the case
of any one marketing document shall not be considered marketing
violations except in cases of fraud or conspiracy.
"(g) Only quota peanuts may be retained for use as seed or for
other uses on a farm and when so retained shall be considered as
marketings of quota peanuts, except that the Secretary may exempt
from consideration as marketings of quota peanuts seeds of peanuts
that are used to produce peanuts excluded under section 359(c),
// 7 USC 1359. //
are unique strains, and are not commercially available.
Additional peanuts shall not be retained for use on a farm and
shall not be marketed for domestic edible use, except as provided
in subsection (k) of this section. Seed for planting of any
peanut acreage in the United States shall be obtained solely from
quota peanuts marketed or considered marketed for domestic edible
use.
"(h) Upon a finding by the Secretary that the peanuts marketed
from any crop for domestic edible use by a handler are larger in
quantity or higher in grade or quality than the peanuts that could
reasonably be produced from the quantity of peanuts having the
grade, kernel content, and quality of the quota peanuts acquired
by such handler from such crop for such marketing, such handler
shall be subject to a penalty equal to 120 per centum of the loan
level for quota peanuts on the quantity of peanuts that the
Secretary determines are in excess of the quantity, grade, or
quality of the peanuts that could reasonably have been produced
from the peanuts so acquired.
"(i) The Secretary shall require that the handling and disposal
of additional peanuts be supervised by agents of the Secretary or
by area marketing associations designated pursuant to section 108
A(3)(A) of the Agricultural Act of 1949. Quota and additional
peanuts of like type and segregation or quality may, under
regulations prescribed by the Secretary, be commingled and
exchanged on a dollar value basis to facilitate warehousing,
handling, and marketing. Failure by a handler to comply with
regulations issued by the Secretary governing the disposition and
handling of additional peanuts shall subject the handler to a
penalty at a rate equal to 120 per centum of the loan level for
quota peanuts on the quantity of peanuts involved in the
violation.
"(j) Handlers may, under regulations prescribed by the
Secretary, contract with producers for the purchase of additional
peanuts for crushing, export, or both. All such contracts shall
be completed and submitted to the Secretary (or if designated by
the Secretary, the area marketing association) for approval prior
to April 15 of the year in which the crop is produced.
"(k) Subject to the provisions of section 407 of the
Agricultural Act of 1949,
// 7 USC 1427. //
any peanuts owned or controlled by the Commodity Credit
Corporation may be made available for domestic edible use in
accordance with regulations established by the Secretary.
Additional peanuts received under loan shall be offered for sale
for domestic edible use at prices not less than those required to
cover all costs incurred with respect to such peanuts for such
items as inspection, warehousing, shrinkage, and other expenses,
plus (1) not less than 100 per centum of the loan value of quota
peanuts if the additional peanuts are sold and paid for during the
harvest season upon delivery by and with the written consent of
the producer, (2) not less than 105 per centum of the loan value
of quota peanuts if the additional peanuts are sold after delivery
by the producer by not later than December 31 of the marketing
year, or (3) not less than 107 per centum of the loan value of
quota peanuts if the additional peanuts are sold later than
December 31 of the marketing year. For the period from the date
additional peanuts are delivered for loan to March 1 of the
calendar year following the year in which such additional peanuts
were harvested, the area marketing association designated pursuant
to section 108 A(3)(A) of the Agricultural Act of 1949 shall have
sole authority to accept or reject lot list bids when the sales
price as determined under this section equals or exceeds the
minimum price at which the Commodity Credit Corporation may sell
its stocks of additional peanuts, except that the area marketing
association and the Commodity Credit Corporation may agree to
modify the authority granted by this sentence in order to
facilitate the orderly marketing of additional peanuts.
"(1)(1) The person liable for payment or collection of any
penalty provided for in this section shall be liable also for
interest thereon at a rate per annum equal to the rate of interest
which was charged the Commodity Credit Corporation by the Treasury
of the United States on the date such penalty became due.
"(2) The provisions of this section shall not apply to peanuts
produced on any farm on which the acreage harvested for nuts is
one acre or less if the producers who share in the peanuts
produced on such farm do not share in the peanuts produced on any
other farm.
"(3) Until the amount of the penalty provided by this section
is paid, a lien on the crop of peanuts with respect to which such
penalty is incurred, and on any subsequent crop of peanuts subject
to farm poundage quotas in which the person liable for payment of
the penalty has an interest, shall be in effect in favor of the
United States.
"(4) Notwithstanding any other provision of law, the liability
for and the amount of any penalty assessed under this section
shall be determined in accordance with such procedures as the
Secretary by regulations may prescribe. The facts constituting
the basis for determining the liability for or amount of any
penalty assessed under this section, when officially determined in
conformity with the applicable regulations prescribed by the
Secretary, shall be final and conclusive and shall not be
reviewable by any other officer or agency of the Government.
Nothing in this section shall be construed as prohibiting any
court of competent jurisdiction from reviewing any determination
made by the Secretary with respect to whether such determination
was made in conformity with the applicable law and regulations.
All penalties imposed under this section shall for all purposes be
considered civil penalties.
"(5) Notwithstanding any other provision of law, the Secretary
may reduce the amount of any penalty assessed against handlers
under this section if the Secretary finds that the violation upon
which the penalty is based was minor or inadvertent, and that the
reduction of the penalty will not impair the operation of the
peanut program.".
Sec. 705. Effective only for the 1982 through 1985 crops of peanuts,
the Agricultural Act of 1949 is amended by adding a new section as
follows:
PEANUTS
" Sec. 108 A. // 7 USC 1445c-1. // Notwithstanding any other
provision of law--,
"(1) The Secretary shall make price support available to
producers through loans, purchases, or other operations on quota
peanuts for each of the 1982 through 1985 crops. The national
average quota support rate for the 1982 crop of quota peanuts
shall be the national average cost of production, including the
cost of land on a current value basis, for such crop, as estimated
by the Secretary, but in no event less than 27.5 cents per pound,
farmers stock basis. The national average quota support rate for
each of the 1983, 1984, and 1985 crops of quota peanuts shall be
the national average quota support rate for such peanuts for the
preceding crop, adjusted to reflect any increase, during the
period January 1 and ending December 31 of the calendar year
immediately preceding the marketing year for the crop for which a
level of support is being determined, in the national average cost
of peanut production, excluding any increase in the cost of land,
except that in no event shall the national average quota support
rate for any such crop exceed by more than 6 per centum the
national average quota support rate for the preceding crop. The
levels of support so announced shall not be reduced by any
deductions for inspection, handling, or storage: Provided, That
the Secretary may make adjustments for location of peanuts and
such other factors as are authorized by section 403 of this Act.
// 7 USC 1423. //
"(2) The Secretary shall make price support available to
producers through loans, purchases, or other operations on
additional peanuts for each of the 1982 through 1985 crops at such
levels as the Secretary finds appropriate, taking into
consideration the demand for peanut oil and peanut meal, expected
prices of other vegetable oils and protein meals, and the demand
for peanuts in foreign markets: Provided, That the Secretary
shall set the support rate on additional peanuts at a level
estimated by the Secretary to ensure that there are no losses to
the Commodity Credit Corporation on the sale or disposal of such
peanuts. The Secretary shall announce the level of support for
additional peanuts of each crop not later than February 15
preceding the marketing year for the crop for which the level of
support is being determined.
"(3)(A) In carrying out paragraphs (1) and (2) of this section,
the Secretary shall make warehouse storage loans available in each
of the three producing areas (described in 7 CFR 1446.10 (1980
ed.)) to a designated area marketing association of peanut
producers that is slected and approved by the Secretary and that
is operated primarily for the purpose of conducting such loan
activities. The Secretary may not make warehouse storage loans
available to any cooperative that is engaged in operations or
activities concerning peanuts other than those operations and
activities specified in this section and in section 359 of the
Agricultural Adjustment Act of 1938.
// 7 USC 1359. //
Such area marketing associations shall be used in administrative
and supervisory activities relating to price support and marketing
activities under this section and section 359 of the Agricultural
Adjustment Act of 1938. Loans made under this subparagraph shall
include, in addition to the price support value of the peanuts,
such costs as the area marketing association reasonably may incur
in carrying out its responsibilities, operations, and activities
under this section and section 359 of the Agricultural Adjustment
Act of 1938.
"(B) The Secretary shall require that each area marketing
association establish pools and maintain complete and accurate
records by type, area, and segregation for quota peanuts handled
under loan, for additional peanuts placed under loan, and for
additional peanuts produced without a contract between a handler
and a producer as described in section 359(j) of the Agricultural
Adjustment Act of 1938. Net gains on peanuts in each pool, unless
otherwise approved by the Secretary, shall be distributed in
proportion to the value of the peanuts placed in the pool by each
producer. Net gains for peanuts in each pool shall consist of (i)
for quota peanuts, the net gains over and above the loan
indebtedness and other costs or losses incurred on peanuts placed
in such pool plus an amount from the pool for additional peanuts
to the extent of the net gains from the sale for domestic food and
related uses of additional peanuts in the pool for additional
peanuts equal to any loss on disposition of all peanuts in the
pool for quota peanuts and (ii) for additional peanuts, the net
gains over and above the loan indebtedness and other costs or
losses incurred on peanuts placed in the pool for additional
peanuts less any amount allocated to offset any loss on the pool
for quota peanuts as provided in clause (i) of this subparagraph.
Notwithstanding any other provision of this section, any
distribution of net gains on additional peanuts of any type to any
producer shall be reduced to the extent of any loss by the
Commodity Credit Corporation on quota peanuts of a different type
placed under loan by such producer.
"(4) Notwithstanding the foregoing provisions of this section
or any other provision of law, no price support shall be made
available by the Secretary for any crop of peanuts with respect to
which poundage quotas have been disapproved by producers, as
provided for in section 358(o) of the Agricultural Adjustment Act
of 1938.".
Sec. 706. Effective only for the 1982 through 1985 crops of peanuts,
the first sentence of section 373(a) of the Agricultural Adjustment Act
of 1938 // 7 USC 1373. // is amended by inserting immediately before
"all brokers and dealers in peanuts" the following: "all farmers
engaged in the production of peanuts,".
Sec. 707. Section 101 of the Agricultural Act of 1949 // 7 USC 1441
// shall not be applicable to the 1982 through 1985 crops of peanuts.
Sec. 801. Effective only for the 1982 through 1985 crops of
soybeans, section 201 of the Agricultural Act of 1949 // 7 USC 1446. //
is amended by--,
(1) inserting in the first sentence "soybeans," after "tung
nuts,"; and
(2) adding at the end thereof a new subsection as follows:
"(g)(1) The price of soybeans shall be supported through loans and
purchases during each of the four marketing years beginning with the
1982 marketing year at a level equal to 75 per centum of the simple
average price received by farmers for soybeans for each of the preceding
five marketing years, excluding the high and low valued years, except
that in no event shall the Secretary establish a support price of less
than $5.02 per bushel: Provided, That if the Secretary determines that
the average price of soybeans received by producers in any marketing
year is not more than 105 per centum of the level of loans and purchases
for soybeans for such marketing year, the Secretary may reduce the level
of loans and purchases for soybeans for the next marketing year by the
amount the Secretary determines necessary to maintain domestic and
export markets for soybeans, except that the level of loans and
purchases shall not be reduced by more than 10 per centum in any year
nor below $4.50 per bushel. For the purposes of this subsection, the
soybean marketing year shall be the twelve-month period beginning on
September 1 and ending August 31. The Secretary shall make a
preliminary announcement of the level of price support not earlier than
thirty days in advance of the beginning of the marketing year based upon
the latest information and statistics available when such level of price
support is announced, and shall make a final announcement of such level
as soon as full information and statistics are available on prices for
the five years preceding the beginning of the marketing year. In no
event shall such final level of support be announced later than October
1 of the marketing year for which the announcement applies; nor shall
the final level of support be less than the level of support set forth
in the preliminary announcement.
"(2) Notwithstanding any other provision of law--,
"(A) the Secretary shall not require participation in any
production adjustment control program for soybeans or any other
commodity as a condition of eligibility for price support for
soybeans; and
"(B) soybeans shall not be considered an eligible commodity for
any reserve program, and the Secretary shall not authorize
payments to producers to cover the cost of storing soybeans.".
Sec. 901. Effective only for the 1982 through 1985 crops of sugar
beets and sugarcane, section 201 of the Agricultural Act of 1949 // 7
USC 1446. // is amended by--,
(1) striking out in the first sentence "honey, and milk" and
inserting in lieu thereof "honey, milk, sugar beets, and
sugarcane"; and
(2) adding at the end thereof a new subsection as follows:
"(h) The price of each of the 1982 through 1985 crops of sugar beets
and sugarcane, respectively, shall be supported in the manner specified
below:
"(1) Effective with respect to sugar processed from
domestically grown sugar beets and sugarcane beginning with the
date of enactment of this subsection through March 31, 1982, the
Secretary shall, through purchases of the processed products
thereof, support the price of sugarcane at such level as the
Secretary determines appropriate to approximate a raw sugar price
of 16.75 cents per pound, and the price of sugar beets at such
level as the Secretary determines to be fair and reasonable in
relation to the support level for sugarcane.
"(2) Effective October 1, 1982, the Secretary shall support the
price of domestically grown sugarcane through nonrecourse loans at
such level as the Secretary determines appropriate but not less
than 17 cents per pound for raw cane sugar for the 1982 crop, 17.5
cents per pound for the 1983 crop, 17.75 cents per pound for the
1984 crop, and 18 cents per pound for the 1985 crop. Effective
October 1, 1982, the Secretary shall support the price of
domestically grown sugar beets through nonrecourse loans at such
level as the Secretary determines to be fair and reasonable in
relation to the level of loans for sugarcane. The Secretary shall
announce the loan rate to be applicable during any fiscal year as
far in advance of the beginning of that fiscal year as practicable
consistent with the purposes of this subsection. Loans during any
such fiscal year shall be made available not earlier than the
beginning of the fiscal year and shall mature before the end of
that fiscal year.".
Sec. 1001. Effective beginning with the 1982 crops, section 110 of
the Agricultural Act of 1949 // 7 USC 1445e. // is amended to read as
follows:
" Sec. 110. (a) The Secretary shall formulate and administer a
program under which producers of wheat and feed grains will be able to
store wheat and feed grains when such commodities are in abundant supply
and extend the time period for their orderly marketing. The Secretary
shall establish safeguards to assure that wheat and feed grains held
under the program shall not be utilized in any manner to unduly depress,
manipulate, or curtail the free market. The authority provided by this
section shall be in addition to other authorities available to the
Secretary for carrying out producer loan and storage operations.
"(b) In carrying out the producer storage program, the Secretary
shall provide original or extended price support loans for wheat and
feed grains under terms and conditions designed to encourage producers
to store wheat and feed grains for extended periods of time in order to
promote orderly marketing when wheat or feed grains are in abundant
supply. Loans made under this section shall be made at such level of
support as the Secretary determines appropriate, except that the loan
rate shall not be less than the then current level of support under the
wheat and feed grain programs established under this title. Among such
other terms and conditions as the Secretary may prescribe by regulation,
the program may provide for (1) repayment of such loans in not less than
three years nor more than five years; (2) payments to producers for
storage in such amounts and under such conditions as the Secretary
determines appropriate to encourage producers to participate in the
program; (3) a rate of interest as determined under subsection (c) of
this section; (4) recovery of amounts paid for storage, and for the
payment of additional interest or other charges if such loans are repaid
by producers before the market price for wheat or feed grains has
reached the price levels determined under clause (5) of this sentence;
and (5) conditions designed to induce producers to redeem and market the
wheat or feed grains securing such loans without regard to the maturity
dates thereof whenever the Secretary determines that the market price
for the commodity has attained a specified level, as determined by the
Secretary.
"(c) The rate of interest charged participants in the program
authorized by this section shall be not less than the rate of interest
charged the Commodity Credit Corporation by the United States Treasury,
except that the Secretary may waive or adjust such interest as the
Secretary deems appropriate to effectuate the purposes of this section.
The Secretary may increase the applicable rate of interest in such
amounts and at such intervals as the Secretary determines is appropriate
to encourage the orderly marketing of wheat and feed grains securing
loans made under this section after the market price for the commodity
has attained the level determined under clause (5) of the third sentence
of subsection (b) of this section.
"(d) Notwithstanding any other provision of law, the Secretary may
require producers to repay loans under this section plus accrued
interest and such other charges as may be required by regulation prior
to the maturity date thereof if the Secretary determines that emergency
conditions exist which require that such commodity be made available in
the market to meet urgent domestic or international needs and the
Secretary reports such determination and the reasons therefor to the
President, the Committee on Agriculture, Nutrition, and Forestry of the
Senate, and the Committee on Agriculture of the House of Representatives
at least fourteen days before taking such action.
"(e) The Secretary shall announce the terms and conditions of the
producer storage program as far in advance of making loans as
practicable. In such announcement, the Secretary shall specify the
quanity of wheat or feed grains to be stored under the program which the
Secretary determines appropriate to promote the orderly marketing of
such commodities. The Secretary may place an upper limit on the amount
of wheat and feed grains placed in the reserve, but such upper limit may
not be less than seven hundred million bushels for wheat and one billion
bushels for feed grains.
"(f) Notwithstanding any other provision of law, except as otherwise
provided under section 302 of the Food Security Wheat Reserve Act of
1980 // 7 USC 1736f-1. // and section 208 of the Agricultural Trade
Suspension Adjustment Act of 1980, // 7 USC 4001. // whenever the
program authorized by this section is in effect, the Commodity Credit
Corporation may not sell any of its stocks of wheat or feed grains at
less than 110 per centum of the then current price level at which the
Secretary may encourage repayment of producer storage loans with respect
to the commodity prior to the maturity dates of such loans, as
determined under clause (5) of the third sentence of subsection (b) of
this section. The foregoing restriction shall not apply to--,
"(1) sales of such commodities which have substantially
deteriorated in quality or as to which there is a danger of loss
or waste through deterioration or spoilage;
"(2) sales or other disposals of such commodities under (A) the
fifth and sixth sentences of section 407 of this Act;
// 7 USC 1427. //
(B) the Act of September 21, 1959 (7 U.S.C. 1427 note); and (C)
section 813 of the Agricultural Act of 1970;
// 7 USC 1427a. //
and
"(3) sales of corn for use in the production of alcohol for
motor fuel at facilities that--,
biomass
feedstocks other than corn,
when sold at not less than the price at which producers may repay
producer storage loans and redeem corn prior to the maturity dates
of loans, as determined under clause (5) of the third sentence of
subsection (b) of this section, or, whenever the fuel conversion
price (as defined in section 212 of the Agricultural Trade
Suspension Adjustment Act of 1980)
// 7 USC 4005. //
for corn exceeds such price, at not less than the fuel conversion
price.
"(g) The Secretary may, with the concurrence of the owner of grain
stored under the program authorized by this section, reconcentrate all
such grain stored in commercial warehouses at such points as the
Secretary deems to be in the public interest, taking into account such
factors as transportation and normal marketing patterns. The Secretary
shall permit rotation of stocks and facilitate maintenance of quality
under regulations which assure that the holding producer or warehouseman
shall, at all times, have available for delivery at the designated place
of storage both the quanity and quality of grain covered by the
producer's or warehouseman's commitment.
"(h) Whenever grain is stored under the provisions of this section,
the Secretary may buy and sell at an equivalent price, allowing for the
customary location and grade differentials, substantially equivalent
quantities of grain in different locations or warehouses to the extent
needed to properly handle, rotate, distribute, and locate such
commodities which the Commodity Credit Corporation owns or controls.
Such purchases to offset sales shall be made within two market days
following the sales. The Secretary shall make a daily list available
showing the price, location, and quantity of the transactions.
"(i) The Secretary shall use the Commodity Credit Corporation, to the
extent feasible, to fulfill the purposes of this section. To the
maximum extent practicable consistent with the fulfillment of the
purposes of this section and the effective and efficient administration
of this section, the Secretary shall utilize the usual and customary
channels, facilities, and arrangements of trade and commerce.".
Sec. 1002. The Agricultural Act of 1949 is amended by adding at the
end thereof a new section as follows:
" Sec. 422. // 7 USC 1433a. // Notwithstanding any other provision
of law, whenever a producer samples, turns, moves or replaces grain or
any other commodity which is security for a Commodity Credit Corporation
producer loan or is held under a producer reserve program, and does so
in violation of law or regulation, the appropriate county committee
established under section 8(b) of the Soil Conservation and Domestic
Allotment Act // 16 USC 590h. // may forgive some or all of the
penalties and requirements that would normally be imposed on the
producer by reason of the violation, if such committee determines that
(1) the violation occurred inadvertently or accidentally, because of
lack of knowledge or understanding of the law or regulation, or because
the producer or the producer's agent acted to prevent spoilage of the
commodity, and (2) the violation did not result in harm or damage to the
rights or interests of any person. The county committee shall furnish a
copy of its determination to the Administrator of the Agricultural
Stabilization and Conservation Service and the appropriate State
committee established under section 8(b) of the Soil Conservation and
Domestic Allotment Act. The determination may be disapproved by either
the Administrator or the State committee within sixty days after receipt
of a copy of the determination. Any determination not disapproved by
the Administrator or such State committee within sixty-day period shall
be considered approved.".
Sec. 1003. Section 813 of the Agricultural Act of 1970 (7 U.S.C.
1427a) is amended by striking out "shall" wherever it appears in
subsections (a) and (b) of that section and inserting in lieu thereof
"may".
Sec. 1004. Section 208 of the Agricultural Trade Suspension
Adjustment Act of 1980 // 7 USC 4001. // is amended by--,
(1) striking out "second" and inserting in lieu thereof "third"
in subsection (c)(2)(A); and
(2) amending clause (i) of subsection (c)(2)(B) to read as
follows:
the
commodity, at not less than 110 per centum of the then
current price level at which the Secretary may
encourage
repayment of producer storage loans on the commodity
prior
to the maturity dates of the loans, as determined under
clause (5) of the third sentence of section 110(b) of
the
Agricultural Act of 1949, or".
Sec. 1005. // 7 USC 4101. // There is hereby established an advisory
board to be known as the National Agricultural Cost of Production
Standards Review Board (hereafter in this subtitle referred to as the "
Board").
Sec. 1006. // 7 USC 4102. // (a) The Board shall be composed of
eleven members appointed by the Secretary of Agriculture (hereafter in
this subtitle referred to as the " Secretary") as follows:
(1) seven members who are engaged in the commercial production
of one or more of the various major agricultural commodities
produced in the United States. The Secretary shall assure that
the major geographical production areas of the major agricultural
commodities are represented;
(2) three members who, by virtue of their education, training,
or experience, have extensive knowledge of the costs associated
with the production of the major agricultural commodities; these
members may be drawn from the fields of agricultural economics,
banking, finance, accounting, or related areas; and
(3) one member who is an employee of the Department of
Agriculture (hereafter referred to in this subtitle as the "
Department"), who shall serve at the pleasure of the Secretary,
and who shall advise and inform the Board as to the methodology
used by the Department in making its cost of production
calculations.
(b) The terms of the initial Board members shall expire (as
designated by the Secretary at the time of appointment) as follows: two
at the end of the first year, two at the end of the second year, three
at the end of the third year, and three at the end of the fourth year.
Thereafter, the terms of all members, with the exception of the member
provided for in subsection (a)(3) of this section, shall be four years,
except that any person appointed to fill a vacancy on the Board shall be
appointed only for the unexpired term of such person's predecessor.
(c) With the exception of the member provided for in subsection (a)(
3) of this section, no person may serve as a member of the Board for
more than two terms.
(d) The Secretary shall designate one member of the Board to serve as
Chairman and one member to serve as Vice Chairman, repectively, each of
which shall serve as such until his or her respective term expires. The
Board member provided for in subsection (a)(3) of this section may not
serve as Chairman or Vice Chairman.
Sec. 1007. // 7 USC 4103. // The Board shall--,
(1) review the adequacy, accuracy, and timeliness of the
cost-of--, production methodology used by the Departmnent in
determining specific cost of production estimates;
(2) advise the Secretary as to whether the cost of production
methodology used by the Department in connection with the
administration of its price support programs accurately and fairly
represents the cost of production incurred by producers;
(3) review the adequacy of the parity formulae;
(4) advise the Secretary on such other matters dealing with the
cost of production of agricultural commodities and price support
operations as the Secretary may request; and
(5) make such recommendations to the Secretary as the Board
deems appropriate, including ways in which the cost of production
methodology and parity formulae can be improved.
Sec. 1008. // 7 USC 4104. // The Board shall meet twice annually, or
more frequently, if necessary, for the purpose of carrying out its
functions.
Sec. 1009. // 7 USC 4105. // From time to time, as necessary, the
Board shall make written findings and recommendations to the Secretary.
The Secretary shall report to the Board on the disposition of these
recommendations, including the Secretary's reasons for declinations to
accept the Board's recommendations, if such declinations are made. The
Secretary shall make such reports no later than one hundred and twenty
days after the written submission of such recommendations.
Sec. 1010. // 7 USC 4106. // Within ninety days after the close of
each calendar year and immediately prior to the Board's expiration, the
Board shall submit a written report to the Secretary, the Senate
Committee on Agriculture, Nutrition, and Forestry, and the House
Committee on Agriculture. This report shall outline the activities
undertaken by the Board since its inception or last annual report and
shall include any findings and recommendations made to the Secretary
during the reporting period.
Sec. 1011. // 7 USC 4107. // The Secretary shall provide such staff
personnel, clerical assistance, services, materials, and office space as
are essential to assist the Board in carrying out its duties.
Sec. 1012. // 7 USC 4108. // The members of the Board shall serve
without compensation, if not otherwise officers or employees of the
United States, except that they shall, while away from their homes or
regular places of business in the performance of services for the Board,
be allowed travel expenses, including per diem in lieu of subsistence,
in the same manner as persons employed intermittently in the Government
service are allowed expenses under sections 5701 through 5707 of title
5, United States Code.
Sec. 1013. // 7 USC 4109. // There are authorized to be appropriated
such sums as may be necessary to carry out the provisions of this
subtitle.
Sec. 1014. The Board establishd in this subtitle shall cease to
exist on September 30, 1985.
COTTON,
AND RICE
Sec. 1101. // 7 USC 1308. // Notwithstanding any other provision of
law--,
(1) The total amount of payments (excluding disaster payments)
that a person shall be entitled to receive under one or more of
the annual programs established under the Agricultural Act of 1949
// 7 USC 1421 //
for wheat, feed grains, upland cotton, and rice shall not exceed
$50,000 for each of the 1982 through 1985 crops.
(2) The total amount of disaster payments that a person shall
be entitled to receive under one or more of the annual programs
established under the Agricultural Act of 1949 for wheat, feed
grains, upland cotton, and rice shall not exceed $100,000 for each
of the 1982 through 1985 crops.
(3) The term "payments" as used in this section shall not
include loans or purchases, or any part of any payment that is
determined by the Secretary of Agriculture to represent
compensation for resource adjustment (excluding land diversion
payments) or public access for recreation.
(4) If the Secretary determines that the total amount of
payments that will be earned by any person under the program in
effect for any crop will be reduced under this section, any
acreage requirement established under a set-aside or acreage
limitation program for the farm or farms on which such person will
be sharing in payments earned under such program shall be adjusted
to such extent and in such manner as the Secretary determines will
be fair and reasonable in relation to the amount of the payment
reduction.
(5) The Secretary shall issue regulations defining the term
"person" and prescribing such rules as the Secretary determines
necessary to assure a fair and reasonable application of such
limitation: Provided, That the provisions of this section that
limit payments to any person shall not be applicable to lands
owned by States, political subdivisions, or agencies thereof, so
long as such lands are farmed primarily in the direct furtherance
of a public function, as determined by the Secretary. The rules
for determining whether corporations and their stockholders may be
considered as separate persons shall be in accordance with the
regulations issued by the Secretary on December 18, 1970, under
section 101 of the Agricultural Act of 1970.
// 7 USC 1307. //
Sec. 1102. The first sentence of section 385 of the Agricultural
Adjustment Act of 1938 // 7 USC 1385. // is amended to read as follows:
" The facts constituting the basis for any Soil Conservation Act
payment, any payment under the wheat, feed grain, upland cotton, and
rice programs authorized by the Agricultural Act of 1949 and this Act,
any loan, or price support operation, or the amount thereof, when
officially determined in conformity with the applicable regulations
prescribed by the Secretary or by the Commodity Credit Corporation,
shall be final and conclusive and shall not be reviewable by any other
officer or agency of the Government.".
RESTRICTIONS FOR
WHEAT AND FEED GRAINS
Sec. 1103. Effective only for the marketing years for the 1982
through 1985 crops, section 407 of the Agricultural Act of 1949 // 7 USC
1427. // is amended by--,
(1) striking out in the third sentence the language following
the third colon and inserting in lieu thereof the following: "
Provided, That the Corporation shall not sell any of its stocks of
wheat, corn, grain sorghum, barley, oats, and rye, respectively,
at less than 115 per centum of the current national average loan
rate for the commodity, adjusted for such current market
differentials reflecting grade, quality, location, and other value
factors as the Secretary determines appropriate plus reasonable
carrying charges.";
(2) striking out in the fifth sentence "current basic county
support rate including the value of any applicable price-support
payment in kind (or a comparable price if there is no current
basic county support rate)" and inserting in lieu thereof the
following: "current basic county loan rate (or a comparable price
if there is no current basic county loan rate)"; and
(3) striking out in the seventh sentence ", but in no event
shall the purchase price exceed the then current support price for
such commodities" and inserting in lieu thereof the following:
"or unduly affecting market prices, but in no event shall the
purchase price exceed the Corporation's minimum sales price for
such commodities for unrestricted use".
OF 1949
Sec. 1104. Effective only for the 1982 through 1985 crops of wheat,
feed grains, upland cotton, and rice, section 408(k) of the Agricultural
Act of 1949 // 7 USC 1428. // is amended to read as follows:
FEED GRAINS,
UPLAND COTTON, AND RICE
"(k) Reference made in sections 402, 403, 406, 407, and 416 // 7 USC
1422, 1423, 1426, 1427, 1431. // to the terms 'support price', 'level
of support', and 'level of price support' shall be considered to apply
as well to the level of loans and purchases for wheat, feed grains,
upland cotton, and rice under this Act; and references made to the
terms 'price support', 'price support operations', and 'price support
program' in such sections and in section 401(a) // 7 USC 1421. // shall
be considered as applying as well to the loan and purchase operations
for wheat, feed grains, upland cotton, and rice under this Act.".
AUTHORITY
Sec. 1105. Effective for the 1982 through 1985 crops of wheat and
feed grains, section 113 of the Agricultural Act of 1949 // 7 USC 1445h.
// is amended to read as follows:
AUTHORITY
" Sec. 113. Notwithstanding any other provision of law or prior
announcement made by the Secretary to the contrary, the Secretary may
announce and provide for a set-aside or acreage limitation program under
section 105 B(e) or 107 B(e) of this title for one or more of the crops
of wheat and feed grains if the Secretary determines that such action is
in the public interest as a result of the imposition of restrictions on
the export of any such commodity by the President or other member of the
executive branch of Government. In order to carry out effectively a
set-aside or acreage limitation program authorized under this section,
the Secretary may make such modifications and adjustments in such
program as the Secretary determines necessary because of any delay in
instituting such program.".
Sec. 1106. Section 1001 of the Food and Agriculture Act of 1977 // 7
USC 1309. // is amended to read as follows:
" Sec. 1001. (a) Notwithstanding any other provision of law,
whenever a set-aside program is in effect for one or more of the 1982
through 1985 crops of wheat and feed grains, the Secretary of
Agriculture may require, as a condition of eligibility for loans,
purchases, and payments for such crops under the Agricultural Act of
1949, // 7 USC 1421 // that producers not exceed the acreage on the farm
normally planted to crops designated by the Secretary, adjusted as
deemed necessary by the Secretary to be fair and equitable among
producers and reduced by any set-aside or diverted acreage. Such normal
crop acreage for any crop year shall be determined as provided by the
Secretary. The Secretary may require producers participating in the
program to keep such records as the Secretary determines necessary to
assist in making such determination.
"(b) Notwithstanding any other provision of law--,
"(1) Whenever the Secretary, for one or more of the 1982
through 1985 crops of wheat and feed grains, requires that
producers not exceed the acreage on the farm normally planted to
crops designated by the Secretary in accordance with subsection
(a) of this section, the Secretary may increase the established
price payments for any such commodity by such amount (or if there
are no such payments in effect for such crop by providing for
payments in such amount) as the Secretary determines appropriate
to compensate producers for not exceeding the acreage on the farm
normally planted to crops designated by the Secretary and
participation in any required set-aside with respect to such
commodity.
"(2) In determining the amount of any payments for any
commodity under this subsection, the Secretary shall take into
account changes in the costs of production resulting from not
exceeding the acreage on the farm normally planted to crops
designated by the Secretary and participation in any required
set-aside with respect to such commodity.
"(3) If payments are provided for any commodity under this
subsection, the Secretary may provide for payments for any other
commodity in such amount as the Secretary determines necessary for
effective operation of the program.
"(4) The Secretary shall adjust any payments under this
subsection to reflect, in whole or in part, any land diversion
payments for the commodity for which an increase is determined.".
Sec. 1107. // 7 USC 1310a. // Notwithstanding any other provision of
law, if the Secretary of Agriculture determines that the supply of
wheat, corn, upland cotton, or rice for the marketing year for any of
the 1982 through 1985 crops of such commodity is not likely to be
excessive and that program measures to reduce or control the planted
acreage of the crop are not necessary, such a decision shall constitute
a determination that the total supply of the commodity does not exceed
the normal supply and no determination to the contrary shall be made by
the Secretary with respect to such commodity for such marketing year.
Sec. 1108. Effective beginning with the 1982 crop of tobacco,
section 320 of the Agricultural Adjustment Act of 1938 // 7 USC 1314f.
// is amended to read as follows:
" Sec. 320. (a) Notwithstanding any other provision of law,
effective with respect to the 1982 and subsequent crops of tobacco, any
kind of tobacco for which marketing quotas are not in effect that is
produced in an area where marketing quotas are in effect for any kind of
tobacco shall be subject to the quota for the kind of tobacco for which
marketing quotas are in effect in that area. If marketing quotas are in
effect in an area for more than one kind of quota tobacco, nonquota
tobacco produced in the area shall be subject to the quota for the kind
of quota tobacco produced in the area having the highest price support
under the Agricultural Act of 1949. // 7 USC 1421 //
"(b) Subsection (a) of this section shall not apply to--,
"(1) Maryland (type 32) tobacco when it is nonquota tobacco and
produced in a quota area on a farm for which a marketing quota for
Maryland (type 32) tobacco was established when marketing quotas
for such kind of tobacco were last in effect;
"(2) cigar-filler (type 41) tobacco when it is nonquota tobacco
and produced in Pennsylvania;
"(3) cigar-wrapper (type 61) tobacco when it is nonquota
tobacco and produced in Connecticut and Massachusetts, and
cigar-wrapper (type 62) tobacco when it is nonquota tobacco and
produced in Georgia and Florida; and
"(4) tobacco produced in a quota area that is represented to be
nonquota tobacco and that is readily and distinguishably different
from all kinds of quota tobacco, as determined through the
application of the standards issued by the Secretary for the
inspection and identification of tobacco.".
Sec. 1109. // 7 USC 1445 // It is the intent of Congress that the
tobacco price support and production adjustment program be carried out
in such a manner as to result in no net cost to the taxpayers other than
such administrative expense as is incidental to the implementation of
any commodity program. To accomplish this objective, the Secretary of
Agriculture shall promulgate such regulations and policies as are
currently within the Secretary's existing authority by January 1982.
The Secretary shall recommend to Congress by January 1982 any
legislative changes the Secretary believes necessary and proper to
achieve this objective.
Sec. 1110. Section 109 of the Agricultural Act of 1949 // 7 USC
1445d. // is amended by--,
(1) striking out "1981" in the first sentence of subsection (a)
and inserting in lieu thereof "1985";
(2) striking out " Under the special program" in the second
sentence of subsection (a) and inserting in lieu thereof " If a
special program is implemented"; and
(3) inserting ", reduced acreage, or land diversion" in
subsection (d) after "acreage set-aside".
Sec. 1111. (a) The fifth sentence of section 407 of the Agricultural
Act of 1949 // 7 USC 1427. // is amended by striking out "shall"
wherever it appears and inserting in lieu thereof "may".
(b)(1) The first sentence of section 1105(a) of the Food and
Agriculture Act of 1977 (7 U.S.C. 2267(a)) is amended by inserting "and
poultry" after "maintenance of livestock".
(2) Paragraphs (1) and (2) of section 1105(b) of the Food and
Agriculture Act of 1977 (7 U.S.C. 2267(b)) are amended by inserting "or
poultry" after "livestock" wherever it appears.
Sec. 1112. // 7 USC 1421 // (a) It is the sense of Congress that the
concept of farm income protection insurance should be studied in order
to determine whether such a concept might provide the basis for an
acceptable alternative to the commodity price support, income
maintenance, and disaster assistance programs currently administered by
the United States Department of Agriculture for the benefit of United
States farmers. Toward this objective, the Secretary of Agriculture
shall appoint a special task force to study and report on such concept.
(b) The special task force appointed by the Secretary shall be
composed of the following: a total of three representatives of
agricultural commodity organizations and general farm organizations,
three representatives of the private insurance industry (including stock
companies, mutual companies, agents, or brokers), two full-time farmers,
one official of the Federal Crop Insurance Corporation , one official of
the Agricultural Stabilization and Conservation Service, two individuals
from appropriate academic fields, and the designated representative of
the Secretary of Agriculture. The designated representative of the
Secretary shall serve as the chairman of the special task force.
(c) The study conducted by the special task force shall include, but
not be limited to, an analysis of the following:
(1) the characteristics of a farm income protection insurance
program;
(2) the feasibility of such a program as a substitute for the
commodity price support, income maintenance, and disaster
assistance programs administered by the Department of Agriculture
for United States farmers;
(3) the appropriate roles of the private insurance industry and
the Federal Government in the development, implementation, and
administration of such a program;
(4) alternate mechanisms for administering such a program;
(5) the acceptability of such a program to farmers; and
(6) the costs associated with the development and
implementation of such a program.
(d) Not later than eighteen months following enactment of this Act,
the special task force shall transmit to the Committee on Agriculture,
Nutrition, and Forestry of the Senate and the Committee on Agriculture
of the House of Representatives copies of the report on farm income
protection insurance and any legislative changes that the special task
force recommends for purposes of establishing a farm income protection
insurance program. Minority views, if submitted in a timely manner,
shall be included in the report prepared and transmitted by the special
task force.
(e) The Secretary of Agriculture shall provide such staff personnel,
clerical assistance, services, materials, and office space as may be
required to assist the special task force in carrying out its duties.
(f) In conducting its study and preparing its report and
recommendations, the special task force may obtain the assistance of
Department of Agriculture employees, and, to the maximum extent
practicable, the assistance of employees of other Federal departments or
agencies who may have relevant expertise in the areas of insurance,
income maintenance, disaster assistance, agriculture, program
management, and program evaluation.
(g) Members of the special task force shall serve without
compensation, if not otherwise officers or employees of the United
States, except that, while away from their homes or regular places of
business in the performance of services under this section, they shall
be allowed travel expenses, including per diem in lieu of subsistence,
in the same manner as persons employed intermittently in the Government
service are allowed expenses under sections 5701 through 5707 of title
5, United States Code.
(h) The special task force shall be dissolved forty-five days after
submission of the report required in subsection (d) of this section.
EXPORT PORT
LOCATIONS
Sec. 1113. (a) The first sentence of section 7(e)(2) of the United
States Grain Standards Act (7 U.S.C. 79(e)(2)) is amended by striking
out " If the Administrator determines" and all that follows down through
"the criteria in subsection (f)(1)(A) of this section," and inserting in
lieu thereof: " If the Administrator determines, pursuant to paragraph
(3) of this subsection, that a State agency is qualified to perform
official inspection, meets the criteria in subsection (f)( 1)(A) of this
section, and (A) was performing official inspection at an export port
location under this Act on July 1, 1976, or (B)(i) performed official
inspection at an export port location at any time prior to July 1, 1976,
(ii) was designated under subsection (f) of this section on the date of
enactment of the Agriculture and Food Act of 1981 to perform official
inspections at locations other than export port locations, and (iii)
operates in a State from which total annual exports of grain do not
exceed, as determined by the Administrator, 5 per centum of the total
amount of grain exported from the United States annually,".
(b) The provisions of this section // 7 USC 79 // shall become
effective one hundred and eighty days after enactment of this Act.
NUTRITION PROJECTS
Sec. 1114. // 7 USC 1431e. // (a) Notwithstanding any other
provision of law, whenever Government stocks of commodities are acquired
under the price support programs and are not likely to be sold by the
Commodity Credit Corporation or otherwise used in programs of commodity
sale or distribution, such commodities shall be made available without
charge or credit to nutrition projects under the authority of the Older
Americans Act of 1965 (42 U.S.C. 3001 et seq.), to child nutrition
programs providing food service, and to food banks participating in the
special nutrition projects established under section 211 of the
Agricultural Act of 1980. Such distribution may include bulk
distribution to congregate nutrition sites and to providers of home
delivered meals under the Older Americans Act of 1965. The Commodity
Credit Corporation is authorized to use available funds to operate the
program under this subsection and to further process products to
facilitate bonus commodity use.
(b) Section 211 of the Agricultural Act of 1980 (7 U.S.C. 4004) is
amended by--
(1) striking out "demonstration projects" wherever that phrase
occurs in subsections (a) and (b) and inserting in lieu thereof
"special nutrition projects";
(2) striking out "a report to Congress on October 1, 1982," in
subsection (d) and inserting in lieu thereof "to Congress a
progress report on July 1, 1983, and a final report on January 1,
1984,";
(3) striking out "demonstration projects" in subsection (d) and
inserting in lieu thereof "special nutrition projects";
(4) redesignating subsection (f) as subsection (g) and
inserting after subsection (e) the following new subsection:
shall
otherwise encourage food banks to participate in such
projects.";
and
(5) striking out "to carry out this section $356,000" in
subsection (g), as redesignated by paragraph (4) of this
subsection, and inserting in lieu thereof "such sums as may be
necessary to carry out this section".
(c) The heading for section 211 of the Agricultural Act of 1980 is
amended to read as follows:
THROUGH
COMMUNITY FOOD BANKS".
(d) Section 4(b) of the Food Stamp Act of 1977 // 7 USC 400a. //
shall not apply with respect to distribution of surplus commodities
under section 211 of // 7 USC 2013. // the Agricultural Act of 1980.
Sec. 1115. (a) Paragraphs (6) and (7) of section 1 of Perishable
Agricultural Commodities Act, 1930 (7 U.S.C. 499a (6) and (7)), are
amended by striking out "$200,000" and inserting in lieu thereof
"$230,000".
(b) Section 3(b) of the Perishable Agricultural Commodities Act, 1930
(7 U.S.C. 499c(b)), is amended by striking out "$150", "$50", and
"$1,000", and inserting in lieu thereof "$300, $150", and "$3,000",
respectively.
(c) Sections 6(c) and 6(d) of the Perishable Agricultural Commodities
Act, 1930 (7 U.S.C. 499f (c) and (d)), are amended by striking out
"$3,000" wherever it appears and inserting in lieu thereof "$15,000".
Sec. 1116. (a) Title XVIII of the Food and Agriculture Act of 1977
(7 U.S.C. 2281 et seq.) is amended to read as follows:
" Sec. 1801. The purposes of this title // 7 USC 2281. // are to--,
"(1) require strict financial and program accounting by
advisory committees of the Department of Agriculture;
"(2) assure balance and objectivity in the membership of such
advisory committees; and
"(3) prevent the formation or continuation of unnecessary
advisory committees by the Department of Agriculture.
" Sec. 1802. When used in this title--, // 7 USC 2282. //
"(1) the term " Secretary' means the Secretary of Agriculture
of the United States;
"(2) the term ' Department of Agriculture' means the United
States Department of Agriculture; and
"(3) the term 'advisory committee' means any committee, board,
commission, council, conference, panel, task force, or other
similiar group, or any subcommittee or other subgroup
thereof that is established or used by the Department of Agriculture
in the interest of obtaining advice or recommendations for the
President or the Department of Agriculture, except that such term
excludes any committee which (A) is composed wholly of full-time
officers or employees of the Federal Government, (B) is
established by statute or reorganization plan, or (C) is
established by the President.
" Sec. 1803. // USC 2283. // (a) No person other than an officer or
employee of the Department of Agriculture may serve simultaneously on
more than one advisory committee, unless authorized by the Secretary.
"(b) Not more than one officer or employee of any corporation or
other non-Federal entity, including all subsidiaries and affiliates
thereof, may serve on the same advisory committee at any one time,
unless authorized by the Secretary.
"(c) No person other than an officer or employee of the Department of
Agriculture may serve for more than six consecutive years on an advisory
committee, unless authorized by the Secretary.
" Sec. 1804. // 7 USC 2284. // The Secretary shall annually transmit
to the appropriate committees of Congress having legislative
jurisdiction or over--, sight with respect to the agency within the
Department of Agriculture that provides support services to an advisory
committee, and to the Library of Congress--,
"(1) a copy of the report concerning that advisory committee
prepared in compliance with section 6(c) of the Federal Advisory
Committee Act (5 U.S.C. App.);
"(2) a list of the members of that advisory committee which
shall specify the principal place of residence, persons or
companies by whom they are employed, and other major sources of
income, as defined by the Secretary, of each member; and
"(3) a statement of the amount of expenses incurred in
connection with advisory committee meetings by any member of an
advisory committee for which reimbursement was received from any
source other than the United States or the member's employer.
" Sec. 1805. // 7 USC 2285. // No advisory committee may expend
funds in excess of its estimated annual operating costs by more than 10
per centum or $500, whichever is greater, until it provides the
Secretary with an explanation of the need for the additional expenditure
and the Secretary approves such additional expenditure.
" Sec. 1806. // 7 USC 2286. // The Secretary shall terminate any
advisory committee upon a finding that any such advisory committee--,
"(1) has expended funds in excess of its estimated annual
operating costs by more than 10 per centum or $500, whichever is
greater, without the prior approval of the Secretary pursuant to
the provisions of section 1805 of this title;
"(2) has failed to file all reports required under the
provisions of the Federal Advisory Committee Act
// 5 USC app. //
or this title;
"(3) has failed to meet for two consecutive years;
"(4) is responsible for functions that otherwise would be or
should be performed by Federal employees; or
"(5) does not serve or has ceased to serve an essential public
function.".
(b) The table of contents of the Food and Agriculture Act of 1977 is
amended by striking out the items relating to sections 1801 through 1809
and inserting in lieu thereof the following items:
" Sec. 1801. Purposes.
" Sec. 1802. Definitions.
" Sec. 1803. Membership on advisory committees.
" Sec. 1804. Annual report.
" Sec. 1805. Budget prohibitions.
" Sec. 1806. Termination of advisory committees."9
Sec. 1117. Section 808 of the Agricultural Act of 1970 (7 U.S.C.
1441a) is amended by--,
(1) adding after the phrase "all typical varible costs," the
following: "including interest costs,"; and
(2) striking out "equal to the existing interest rates charged
by the Federal Land Bank, and return for management comparable to
the normal management fees charged by other comparable industries.
These studies shall be based upon the size unit that requires one
man to farm on a full-time basis." and inserting in lieu thereof
", and a return for management.".
SEED WHEN
NOT CERTIFIED BY A STATE AGENCY
Sec. 1118. Section 501 of the Federal Seed Act (7 U.S.C. 1611) is
amended to read as follows:
" Sec. 501. It shall be unlawful in the United States or in
interstate or foreign commerce to sell or offer for sale or advertise,
by variety name, seed not certified by an official seed certifying
agency, when it is a variety for which a certificate of plant variety
protection under the Plant Variety Protection Act // 7 USC 2321. //
specifies sale only as a class of certified seed: Provided, That seed
from a certified lot may be labeled as to variety name when used in a
mixture by, or with the approval of, the owners of the variety.".
DISSEMINATION OF
PLANT PESTS
Sec. 1119. The Federal Plant Pest Act (7 U.S.C. 150aa et seq.) is
amended by--,
(1) redesignating subsections (b),(c), and (d) in section 105
// 7 USC 150dd. //
as (c), (d), and (e), respectively, and adding a new subsection
(b) as follows:
"(b)(1) Whereas, the existence of a plant pest new to or not
theretofore known to be widely prevalent or distributed within and
throughout the United States on any premises in the United States would
constitute a threat to crops, other plant life, and plant products of
the Nation and thereby seriously burden interstate or foreign commerce,
whenever the Secretary determines that an extraordinary emergency exists
because of the presence of such plant pest on any premises in the United
States, and that the presence of such plant pest anywhere in the United
States threatens the crops, other plant life, or plant products of the
United States, the Secretary may (A) seize, quarantine, treat, apply
other remedial measures to, destroy, or otherwise dispose of, in such
manner as the Secretary deems appropriate, any product or article of any
character whatsoever, or means of conveyance which the Secretary has
reason to believe is infested or infected by or contains any such plant
pest; (B) quarantine, treat, or apply other remedial measures to, in
such manner as the Secretary deems appropriate, any premises, including
articles on such premises which the Secretary has reason to believe are
infested or infected by any such plant pest: Provided, That any action
taken under clauses (A) and (B) shall be consistent with the provisions
of the Federal Insecticide, Fungicide, and Rodenticide Act: // 7 USC
136 // Provided further, That such action may be taken under this
subsection only if the Secretary finds after review of measures taken by
the State or other jurisdiction and after consultation with the Governor
that the measures being taken are inadequate. Before any action is
taken in any State or other jurisdiction under this subsection, the
Secretary shall notify the Governor of the State or other jurisdiction,
shall issue a public announcement and shall file a statement for
publication in the Federal Register of the action the Secretary intends
to take together with the findings and reasons therefor: Provided, That
if it is not possible to make such a filing with the Federal Register
prior to taking action, the filing shall be made within a reasonable
time, not to exceed five business days, after commencement of the
action. If the Secretary wishes to change any action previously taken
under this subsection, the Secretary shall follow the procedure set
forth in the preceding sentence. The cost of any action taken by the
Secretary under this subsection shall be at the expense of the United
States.
"(2) The Secretary may pay compensation to producers and other
persons for economic losses incurred by them as a result of the
quarantine, destruction, or other action taken under the authority of
paragraph (1) of this subsection. The determination by the Secretary of
the amount of any compensation to be paid under this subsection shall be
final.
"(3) There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this subsection."; and
(2) adding after the second semicolon in section 107
// 7 USC 150ff. //
the following: "to stop and inspect without a warrant any person
or means of conveyance moving intrastate upon probable cause to
believe that the person or conveyance is carrying any product or
article subject to treatment or disposal under the provisions of
this Act or the regulations issued thereunder;".
Sec. 1120. Section 103 of the Department of Agriculture Organic Act
of 1944 (7 U.S.C. 283) is amended by adding immediately before the
period "and may release bee germ plasm to the public".
Sec. 1121. // 7 USC 2242a. // The Secretary of Agriculture may
furnish upon request copies of pamphlets, reports, or other publications
prepared in the Department of Agriculture in carrying out agricultural
economic research and statistical reporting functions authorized by law,
and charge such fees therefor as the Secretary may determine to be
reasonable: Provided, That the imposition of such charges shall be
consistent with the provision of title V of the Act of August 31, 1951
(31 U.S.C. 483a), except that all moneys received in payment for work or
services performed or for documents, reports, or other publications
provided shall be deposited in a separate account or accounts to be
available until expended and may be used to pay directly the costs of
such work, services, documents, reports, or publications, and to repay
or make advances to appropriations or funds which do or will initially
bear all or part of such costs.
PRODUCTS
Sec. 1122. Section 20 of the Federal Meat Inspection Act (21 U.S.C.
620) is amended by adding at the end thereof a new subsection as
follows:
"(f) Notwithstanding any other provision of law,all carcasses,
parts of carcasses, meat, and meat food products of cattle, sheep,
swine, goats, horses, mules, or other equines, capable of use as
human food, offered for importation into the United States shall
be subject to the inspection, sanitary, quality, species
verification, and residue standards applied to products produced
in the United States. Any such imported meat articles that do not
meet such standards shall not be permitted entry into the United
States. The Secretary shall enforce this provision through (1)
the imposition of random inspections for such species verification
and for residues, and (2) random sampling and testing of internal
organs and fat of the carcasses for residues at the point of
slaughter by the exporting country in accordance with methods
approved by the Secretary. The provisions of this subsection
shall become effective six months after enactment of the
Agriculture and Food Act of 1981.".
Sec. 1201. Section 4 of the Food for Peace Act of 1966 (7 U.S.C.
1707(a) // 7 USC 1707a. // is amended by adding at the end thereof a
new subsection as follows:
"(d)(1) There is hereby established in the Treasury a revolving fund
to be known as the Agricultural Export Credit Revolving Fund, which
shall be available without fiscal year limitation for use by the
Commodity Credit Corporation (hereafter referred to in this subsection
as the ' Corporation') for financing in accordance with this section and
section 5(f) of the Commodity Credit Corporation Charter Act // 15 USC
714c. // the following--,
"(A) commercial export sales of United States agricultural
commodities out of private stocks or stocks owned or controlled by
the Corporation on credit terms of not to exceed three years;
"(B) export sales of United States breeding animals (including,
but not limited to, cattle, swine, sheep, and poultry), including
the cost of freight from the United States to designated points of
entry in other nations; and
"(C) the establishment of facilities in importing countries to
improve the capacity of such countries for handling, marketing,
processing, storing, or distributing fungible agricultural
commodities produced in and exported from the United States
(through the use of local currency generated from the sale of
United States agricultural commodities).
"(2) The Corporation shall use the revolving fund only to extend
credit for purposes of market development and expansion and only where
there is substantial potential for developing or enhancing regular
commercial markets for United States agricultural commodities.
"(3) The Secretary of Agriculture shall ensure that the revolving
fund is used in such a manner as to involve equitable use of the funds
to finance sales to the greatest feasible number of countries consistent
with maximizing market opportunities. In carrying out this objective,
the Secretary shall establish procedures under which--,
"(A) not less than 85 per centum of the estimated amount in the
revolving fund for any fiscal year shall be made available for the
purposes provided in clause (A) of paragraph (1) of this
subsection; and
"(B) not to exceed 25 percentum of the estimated amount in the
revolving fund for any fiscal year shall be made available for the
financing of credit sales to any one country for the purposes
described in paragraph (1) of this subsection.
"(4) There are authorized to be appropriated to the Agricultural
Export Credit Revolving Fund such sums as may be necessary to carry out
the provisions of this subsection. All funds received by the
Corporation in payment for credit extended by the Corporation using the
revolving fund, including interest or other receipts on investments and
credit obligations, in financing export sales of the types specified in
paragraph (1) of this subsection shall be added to and become a part of
such revolving fund.
"(5) The Secretary shall submit an annual report to Congress not
later than December 1 of each year with respect to the use of the
revolving fund in carrying out export credit sales by the Corporation in
the previous fiscal year. Such report shall include, for the previous
fiscal year, the names of the countries extended credit under this
subsection, the total amount of such credit extended to each such
country, the names of the United States exporters that received any such
credit, the total amount of credit provided to each such exporter stated
separately for each commodity for which the credit was extended, and a
discussion and evaluation of the market development and expansion
activities of the Corporation under this subsection during such fiscal
year. The first such report shall be submitted to Congress not later
than December 1, 1982.
"(6) The revolving fund created by this subsection is abolished
effective October 1, 1985, and all unobligated money in such fund on
September 30, 1985, shall be transferred to and become part of the
miscellaneous receipts account of the Treasury.
"(7) The authority provided under this subsection shall be in
addition to, and not in lieu of, any authority granted to the Secretary
or the Corporation under any other provision of law.
"(8) The authority provided under this subsection to incur
obligations to make loans shall be effective only to the extent that
such obligations do not exceed annual limitations on new direct loan
obligations which shall be provided in annual appropriations Acts.".
SUPPLY
AGREEMENTS
Sec. 1202. // 7 USC 1736h. // As soon as practicable before the
Government of the United States enters into any bilateral international
agreement, other than a treaty, involving a commitment on the part of
the United States to assure access by a foreign country or
instrumentality thereof to United States agricultural commodities or
products thereof on a commercial basis, the President is encouraged to
notify and consult with the appropriate committees of Congress for the
purpose of setting forth in detail the terms of and reasons for
negotiating such agreement.
Sec. 1203. // 7 USC 1736i. // (a) In order to discourage foreign
countries or instrumentalities thereof from using subsidies to promote
the exportation of agricultural commodities, the Secretary of
Agriculture shall formulate a special standby export subsidy program for
agricultural commodities or products thereof produced in the United
States. Such program shall be designed to neutralize the effects of
export subsidy programs instituted by foreign countries or
instrumentalities to encourage exports of their agricultural commodities
to foreign markets other than the United States.
(b) The Secretary may implement the special standby export subsidy
program formulated under subsection (a) of this section only after the
President--,
(1) makes a determination under section 301 of the Trade Act of
1974 (19 U.S.C. 2411) that action by the United States is
appropriate to obtain the elimination of an act, policy, or
practice of a foreign country or instrumentality that results
in--,
of
agricultural commodities to foreign markets, or
markets
materially below prices which suppliers of the same
agricultural
commodities produced in the United States must
charge in order to supply such commodities to the same
markets;
(2) makes a determination that such act, policy, or practice of
the foreign country or instrumentality concerned involves the use
of export subsidies to encourage exports of such country's or
insstrumentality's agricultural commodities to foreign markets
other than the United States; and
(3) fails to reach a mutually acceptable resolution through
consultation with the foreign country or instrumentality
concerned.
(c) The Secretary shall use the Commodity Credit Corporation in
carrying out the special standby export subsidy program authorized by
this section.
(d) Notwithstanding any other provision of this section, the
Secretary shall not implement the special standby export subsidy program
for cotton.
(e) The authority provided under this section shall be in addition
to, and not in lieu of, any authority granted to the Secretary or the
Commodity Credit Corporation by any other provision of law.
Sec. 1204. // 7 USC 1736j. // Notwithstanding any other provision of
law--,
(a) If the President or other member of the executive branch of the
Federal Government causes the export of any agricultural commodity to
any country or area of the world to be suspended or restricted for
reasons of national security or foreign policy under the Export
Administration Act of 1979 // 50 USC app. 2401 // or any other provision
of law, and if such suspension or restriction of the export of such
agricultural commodity is imposed other than in connection with a
suspension or restriction of all exports from the United States to such
country or area of the world, and if sales of such agricultural
commodity for export from the United States to such country or area of
the world during the year preceding the year in which the suspension or
restriction is imposed exceed 3 per centum of the total sales of such
commodity for export from the United States to all foreign countries
during the year preceding the year in which the suspension or
restriction is in effect, the Secretary of Agriculture shall compensate
producers of the commodity involved by--,
(1) making payments available to such producers, as provided in
subsection (b) of this section;
(2) on the date on which the suspension or restriction is
imposed, establishing the loan level for such commodity under the
Agricultural Act of 1949,
// 7 USC 1421 //
if a loan program is in effect for the commodity, at 100 per
centum of the parity price for the commodity, as determined by the
Secretary on the date of the imposition of the suspension or
restriction; or
(3) undertaking any combination of the measures described in
clauses (1) and (2) of this subsection.
(b) If the Secretary makes payments available to producers pursuant
to clause (1) of subsection (a) of this section, the amount of such
payment shall be determined by--,
(1) in the case of an agricultural commodity for which payments
are authorized to be made to producers under title I of the
Agricultural Act of 1949,
// 7 USC 1441. //
multiplying (A) the producer's farm program payment yield or the
yield established for the farm for the commodity involved, times
(B) the farm program acreage established for the commodity, times
(C) the amount by which the average market price per unit of such
commodity received by producers during the sixty-day period
immediately following the date of the imposition of the suspension
or restriction is less than 100 per centum of the parity price for
such commodity, as determined by the Secretary on the date of the
imposition of the suspension or restriction; or
(2) in the case of other agricultural commodities for which
price support is authorized for producers under the Agricultural
Act of 1949,
// 7 USC 1421 //
multiplying the amount by which the average market price per unit
of such commodity received by the producers during the sixty-day
period immediately following the date of the imposition of the
suspension or restriction is less than 100 per centum of the
parity price for such commodity, as determined by the Secretary on
the date of the imposition of the suspension or restriction, by
the quantity of such commodity sold by the producer during the
period that the suspension or restriction is in effect.
(c) The payments made pursuant to clause (1) of subsection (b) of
this section shall be made for each marketing year or part thereof
during which the suspension or restriction is in effect and shall be
made in equal amounts at ninety-day intervals, beginning ninety days
after the date of the imposition of the suspension or restriction.
(d)(1) Any loan level established pursuant to clause (2) of
subsection (a) of this section shall remain in effect as long as the
suspension or restriction described in subsection (a) remains in effect.
(2) Any commodity loan the level of which is increased by the
Secretary pursuant to clause (2) of subsection (a) of this section shall
be made available to producers of the commodity without interest.
(e) The Secretary may issue such regulations as are deemed necessary
to carry out the provisions of this section.
(f) The Secretary shall use the Commodity Credit Corporation in
carrying out the provisions of this section.
(g) The provisions of this section shall become effective with
respect to any suspension or restriction of the export of any
agricultural commodity, as described in subsection (a) of this section,
implemented after the date of enactment of this Act.
OF EXPORT
EMBARGOES ON AGRICULTURAL COMMODITIES
Sec. 1205. // 7 USC 1736k. // in order to alleviate, to the maximum
extent possible, the adverse impact on farmers, elevator operators,
common carriers, and exporters of agricultural commodities when the
President or other member of the executive branch of the Federal
Government causes the export of any agricultural commodity to any
country or area of the world to be suspended or restricted, the
Secretary of Agriculture shall--,
(1) develop a comprehensive contingency plan that includes--,
to
determining whether such programs are sufficiently
flexible
to enable the Secretary to efficiently and effectively
offset
the adverse impact of such a suspension or restriction
on farmers, elevator operators, common carriers, and
exporters of commodities provided for under such
programs;
information
needed to determine, on an emergency basis, the extent
and severity of the impact of such a suspension or
restriction
on producers, elevator operators, common carriers, and
exporters; and
extent,
if any, to which the impact of such a suspension or
restriction
should be offset in the case of each of the sectors
referred to in clause (1)(B) of this section;
(2) for any suspension or restriction for which compensation is
not provided under section 1204 of this title, develop and submit
to Congress such recommendations for changes in existing
agricultural programs, or for new programs, as the Secretary
considers necessary to handle effectively, efficiently,
economically, and fairly the impact of any such suspension or
restriction;
(3) for any suspension or restriction for which compensation is
provided under section 1204 of this title, develop and submit to
Congress a plan for implementing and administering section 1204;
and
(4) require the Commodity Credit Corporation, before such
corporation purchases any contracts for the purpose of offsetting
the impact of a commodity suspension or restriction, to--,
if such
a purchase is necessary;
benefits
and detrimental effects to the exporters, and use both
estimates in determining the extent, if any, Federal
assistance
is needed; and
market
prices.
Sec. 1206. // 7 USC 1736l. // Congress encourages the Secretary of
Agriculture, in coordination with other appropriate Federal departments
and agencies, to continue to consult with representatives of other major
grain exporting nations toward the goal of establishing more orderly
marketing of grain and achieving higher farm income for producers of
grain.
Sec. 1207. // 7 USC 1736m. // (a) It is the sense of Congress that,
in order to further assist in the development, maintenance, and
expansion of international markets for United States agricultural
commodities and the products thereof, the Secretary of Agriculture
should and is requested to--,
(1) use the intermediate credit program authorized under
section 4 of the Food for Peace Act of 1966 (7 U.S.C. 1707a) to
improve the capability of importing nations to purchase and use
United States agricultural commodities and the products thereof on
a long-term basis;
(2) ask Congress, at the earliest practicable date, for funds
for the agricultural export credit revolving fund in an amount
sufficient to meet the demand for short-term credit authorized to
be made available under section 4 of the Food for Peace Act of
1966;
(3) establish, insofar as practicable, the maximum number of
United States Agricultural Trade Offices in other nations
authorized by section 605 A of the Act of August 28, 1954 (7 U.S.
C. 1765a);
(4) use, to the maximum extent practicable, existing authority
to ensure full utilization of the levy-free quota, established
during the Tokyo round of the multilateral trade negotiations, for
the export sale of United States high quality beef to the European
Economic Community;
(5) expand, to the fullest extent possible, the market
development activities of the Foreign Agricultural Service of the
Department of Agriculture in developed, developing, market, and
nonmarket foreign countries with particular emphasis on (A)
continuation of the cooperator programs at the same funding level
(adjusted for inflation) as provided during fiscal year 1970; (B)
a more active export market development program for value added
farm products and processed foods; and (C) the implementation of
a full-scale program for forestry products, including commodity
information, trade policy, and market development for such
products;
(6) ensure that the European Economic Community observes its
commitments under the General Agreement on Tariffs and Trade
regarding the tariff-free binding on imports of soybeans and corn
gluten feed;
(7) consult with the appropriate officials of the Government of
Japan with the objective of increasing the export sales of citrus
fruits and high quality beef to Japan and to develop mutually
acceptable standards for the certification of lettuce and other
specialty crops for export to Japan; and
(8) use the authority under section 32 of the Act of August 24,
1935 (7 U.S.C. 612c), to establish a special standby export
subsidy program for United States agricultural commodities and the
products thereof, the export of which has been restricted by
foreign government subsidies.
(b) It is further declared to be the sense of Congress that any
special standby export subsidy program established by the Secretary of
Agriculture pursuant to subsection (a)(8) of this section should be (1)
consistent with United States international obligations, and (2)
designed to neutralize the effects of those foreign agricultural
commodity subsidy programs that--,
(A) the President has determined, pursuant to section 301 of
the Trade Act of 1974 (19 U.S.C. 2411), are acts, policies, or
practices described in section 301(a) of such Act that should be
eliminated by appropriate action of the United States; and
(B) have, as the result of the appropriate dispute settlement
procedures, been found to be in violation of the General Agreement
on Tariffs and Trade or the Agreement on Interpretation and
Application of Articles VI, XVI and XXIII of the General Agreement
on Tariffs and Trade (relating to subsidies and countervailing
measures), if applicable.
ALCOHOL
FUEL PRODUCTION
Sec. 1208. // 7 USC 1736n. // (a) Congress finds that the use of the
protein byproduct resulting from the production of fuel alcohol from
agricultural commodities may make it possible for the United States to
make available significantly increased amounts of protein to meet the
food needs of developing countries without any increase in handling,
storage, and transportation facilities. it is the sense of Congress
that serious consideration should be given to the potential of this
protein byproduct and that, if found to be feasible, this protein
byproduct should be included in the Department of Agriculture's
commodity export and donation programs.
(b) Accordingly, the Secretary of Agriculture shall continue to
investigate the potential for using the protein byproduct resulting from
the production of fuel alcohol from agricultural commodities in meeting
the food needs of developing countries through food for peace programs
carried out under the Agricultural Trade Development and Assistance Act
of 1954 // 7 USC 1691 // and through the export credit sales program
carried out under section 4 of the Food for Peace Act of 1966 // 7 USC
1707a. // and section 5(f) of the Commodity Credit Corporation Charter
Act. // 15 USC 741c. //
(c) The Secretary shall also continue to investigate the potential
for using the protein byproduct resulting from the production of fuel
alcohol from agricultural commodities in the distribution of food
products under the commodity donation program carried out under clause
(3) of section 416 of the Agricultural Act of 1949 // 7 USC 1431. //
and under section 210 of the Agricultural Act of 1956. // 7 USC 1859.
//
(d)(1) Not later than twelve months after enactment of this Act, the
Secretary shall include the results of the investigations referred to in
subsections (b) and (c) of this section in an appropriate report to
Congress.
(2) The Secretary shall thereafter provide to Congress each year a
description of the efforts being made by the Department to make
available, as part of the programs referred to in subsections (b) and
(c) of this section, the protein byproduct resulting from the production
of fuel alcohol from agricultural commodities. The information for all
such programs shall be included in the report submitted pursuant to
section 408(a) of the Agricultural Trade Development and Assistance Act
of 1954, // 7 USC 1736b. // or in any other appropriate annual report
to Congress.
Sec. 1209. The Act entitled " An Act authorizing Commodity Credit
Corporation to purchase flour and cornmeal and donating same for certain
domestic and foreign purposes", approved August 19, 1958 (7 U. S.C.
1431 note), is amended in the proviso by inserting "(except that this
limitation does not apply in the case of the protein byproduct resulting
from the production of fuel alcohol from agricultural commodities)"
immediately after "processed".
PRODUCTION;
VERIFICATION OF SELF-HELP PROVISIONS
Sec. 1210. (a) Section 109(a) of the Agricultural Trade Development
and Assistance Act of 1954 // 7 USC 1709. // is amended by--,
(1) inserting in paragraph (3) immediately before the semicolon
", and reducing illiteracy among the rural poor";
(2) striking out the period at the end of paragraph (10) and
inserting in lieu thereof "; and "; and
(3) inserting the following new paragraph immediately after
paragraph (10);
"(11) carrying out programs to improve the health of the rural
poor.".
(b) Secton 109 of the Agricultural Trade Development and Assistance
Act of 1954 is amended by adding at the end thereof a new subsection as
follows:
"(d)(1) In each agreement entered into under this title and in each
amendment to such an agreement, the economic development and self-help
measures which the recipient country agrees to undertake shall be
described (A) to the maximum extent feasible, in specific and measurable
terms, and (B) in a manner which ensures that the needy people in the
recipient country will be the major beneficiaries of the self-help
measures pursuant to each agreement.
"(2) The President shall, to the maximum extent feasible, take
appropriate steps to assure that, in each agreement entered into under
this title and in each amendment to such an agreement, the self-help
measures agreed to are additional to the measures that the recipient
country otherwise would have undertaken irrespective of that agreement
or amendment.
"(3) The President shall take all appropriate steps to determine
whether the economic development and self-help provisions of each
agreement entered into under this title, and of each amendment to such
an agreement, are being fully carried out.".
PURCHASES
Sec. 1211. Section 115(a) of the Agricultural Trade Development and
Assistance Act of 1954 // 7 USC 1715. // is amended by inserting " from
private stocks" in the first sentence after "food commodities".
Sec. 1212. Section 204 of the Agricultural Trade Development and
Assistance Act of 1954 // 7 USC 1724. // is amended by striking out in
the first sentence "$750,000,000" and inserting in lieu thereof
"$1,000,000,000".
Sec. 1213. Section 402 of the Agricultural Trade Development and
Assistance Act of 1954 // 7 USC 1732. // is amended by striking out in
the second sentence "wine or beer" and inserting in lieu thereof "wine,
beer, distilled spirits, or other alcoholic beverage".
Sec. 1214. Section 403(b) of the Agricultural Trade Development and
Assistance Act of 1954 // 7 USC 1733. // is amended by inserting "a
price not greater than " after "valued at".
Sec. 1215. Section 408(a) of the Agricultural Trade Development and
Assistance Act of 1954 // 7 USC 1736b. // is amended by striking out "
April 1" and inserting in lieu thereof " February 15".
Sec. 1216. Section 409 of the Agricultural Trade Development and
Assistance Act of 1954 // 7 USC 1736c. // is amended by--,
(1) striking out in the first sentence "1981" and inserting in
lieu thereof "1985"; and
(2) striking out in the second sentence " Food and Agriculture
Act of 1977" and inserting in lieu thereof " Agriculture and
Food Act of 1981".
Sec. 1301. This title // 7 USC 2011 // may be cited as the " Food
Stamp and Commodity Distribution Amendments of 1981".
Sec. 1302. Section 3(i) of the Food Stamp Act of 1977 // 7 USC 2012.
// is amended by inserting before the period at the end of the first
sentence the following: ", or receives supplemental security income
benefits under title XVI of the Social Security Act // 42 USC 1381. //
or disability or blindness payments under title I, II, X, XIV, or XVI of
the Social Security Act". // 42 USC 301, 401, 1201, 1351, 1381. //
Sec. 1303. Clause (2) section 3(o) of the Food Stamp Act of 1977 //
7 USC 2012. // is amended to read as follows:
"(2) make cost adjustments in the thrifty food plan for Hawaii and
the urban and rural parts of Alaska to reflect the cost of food in
Hawaii and urban and rural Alaska,".
Sec. 1304. Section 3(o) of the Food Stamp Act of 1977 is amended by
striking out clause (6) and all that follows through the end of clause
(9), and inserting in lieu thereof the following: "(6) on October 1,
1982, adjust the cost of such diet to the nearest dollar increment to
reflect changes in the cost of the thrifty food plan for the twenty-one
months ending the preceding June 30, 1982, and (7) on Octobber , 1983,
and each October 1 thereafter, adjust the cost of such diet to the
nearest dollar increment to reflect changes in the cost of the thrifty
food plan for the twelve months ending the preceding June 30: Provided,
That the periods upon which such adjustments are based shall be subject
to revision by Act of Congress".
Sec. 1305. Section 5(d)(5) of the Food Stamp Act of 1977 // 7 USC
2014. // is amended by adding before the comma the following: ":
Provided, That no portion of benefits provided under title IV-A of the
Social Security Act, // 42 USC 601. // to the extent it is attributable
to an adjustment for work-related or child care expenses, shall be
considered such reimbursement".
OTHER
PROGRAMS
Sec. 1306. Section 5(d) of the Food Stamp Act of 1977 // 7 USC 2014.
// is amended by striking out "(10)" and all that follows through the
period, and inserting in lieu thereof the following: "(10) any income
that any other Federal law specifically excludes from consideration as
income for purposes of determining eligibility for the food stamp
program, and (11) any payments or allowances made under (A) any Federal
law for the purpose of providing energy assistance, or (B) any State or
local laws for the purpose of providing energy assistance, designated by
the State or local legislative body authorizing such payments or
allowances as energy assistance, and determined by the Secretary to be
calculated as if provided by the State or local government involved on a
seasonal basis for an aggregate period not to exceed six months in any
year even if such payments or allowances (including tax credits) are not
provided on a seasonal basis because it would be administratively
infeasible or impracticable to do so.".
VENDOR
PAYMENTS
Sec. 1307. Section 5(e) of the Food Stamp Act of 1977 is amended by
adding in the fourth and fifth sentences after "entitled" the following:
", with respect to expenses other than expenses padi on behalf of the
household by a third party,".
ALIENS
Sec. 1308. Section 5 of the Food Stamp Act of 1977 is amended by
adding a new subsection as follows:
"(i)(1) For purposes of determining eligibility for and the amount of
benefits under this Act for an individual who is an alien as described
in section 6(f)(2)(B) of this Act, // 7 USC 2015. // the income and
resources of any person who as a sponsor of such individual's entry into
the United States executed an affidavit of support or similar agreement
with respect to such individual, and the income and resources of the
sponsor's spouse if such spouse is living with the sponsor, shall be
deemed to be the income and resources of such individual for a period of
three years after the individual's entry into the United States. Any
such income deemed to be income of such individual shall be treated as
unearned income of such individual.
"(2)(A) The amount of income of a sponsor, and the sponsor's spouse
if living with the sponsor, which shall be deemed to be the unearned
income of an alien for any year shall be determined as follows:
"(i) the total yearly rate of earned and unearned income of
such sponsor, and such sponsor's spouse if such spouse is living
with the sponsor, shall be determined for such year under rules
prescribed by the Secretary;
"(ii) the amount determined under clause (i) of this
subparagraph shall be reduced by an amount equal to the income
eligibility standard as determined under section 5(c) of this Act
for a household equal in size to the sponsor, the sponsor's spouse
if living with the sponsor, and any persons dependent upon or
receiving support from the sponsor or the sponsor's spouse if the
spouse is living with the sponsor; and
"(iii) the monthly income attributed to such alien shall be
one-twelfth of the amount calculated under clause (ii) of this
subparagraph.
"(B) The amount of resources of a sponsor, and the sponsor's spouse
if living with the sponsor, which shall be deemed to be the resources of
an alien for any year shall be determined as follows:
"(i) the total amount of the resources of such sponsor and such
sponsor's spouse if such spouse is living with the sponsor shall
be determined under rules prescribed by the Secretary;
"(ii) the amount determined under clause (i) of this
subparagraph shall be reduced by $1,500; and
"(iii) the resources determined under clause (ii) of this
subparagraph shall be deemed to be resources of such alien in
addition to any resources of such alien.
"(C)(i) Any individual who is an alien shall, during the period of
three years after entry into the United States, in order to be an
eligible individual or eligible spouse for purposes of this Act, be
required to provide to the State agency such information and
documentation with respect to the alien's sponsor and sponsor's spouse
as may be necessary in order for the State agency to make any
determination required under this section, and to obtain any cooperation
from such sponsor necessary for any such determination. Such alien
shall also be required to provide such information and documentation
which such alien or the sponsor provided in support of such alien's
immigration application as the State agency may request.
"(ii) The Secretary shall enter into agreements with the Secretary of
State and the Attorney General whereby any information available to such
persons and required in order to make any determination under this
section will be provided by such persons to the Secretary, and whereby
such persons shall inform any sponsor of an alien, at the time such
sponsor executes an affidavit of support or similar agreement, of the
requirements imposed by this section.
"(D) Any sponsor of an alien, and such alien, shall be jointly and
severably liable for an amount equal to any overpayment made to such
alien during the period of three years after such alien's entry into the
United States, on account of such sponsor's failure to provide correct
information under the provisions of this section, except where such
sponsor was without fault, or where good cause for such failure existed.
Any such overpayment which is not repaid shall be recovered in
accordance with the provisions of section 13(b)(2) of this Act.
"(E) The provisions of this subsection shall not apply with respect
to any alien who is a member of the sponsor's household, as defined in
section 3(i) of this Act". // 7 USC 2012. //
Sec. 1309. Section 5(g) of the Food Stamp Act of 1977 // 7 USC 2014.
// is amended by inserting "(other than those relating to licensed
vehicles)" after " June 1, 1977" in the second sentence.
Sec. 1310. Section 6(d)(1)(i) of the Food Stamp Act of 1977 // 7 USC
2015. // is amended by striking out "six" and inserting in lieu therof
"twelve".
Sec. 1311. Section 6(d) of the Food Stamp Act of 1977 // 7 USC 2015.
// is amended by--,
(1) striking out ", unless the household was certified for
benefits under this Act immediately prior to such unemployment" in
clause (iii) of paragraph (1);
(2) inserting "(including the lack of adequate child care for
children above the age of five and under the age of twelve)" after
"good cause" in clause (iv) of paragraph (1);
(2) inserting "(including the lack of adequate child care for
children above the age of five and under the age of twelve)" after
"good cause" in clause (iv) of paragraph (1);
(3) inserting before the semicolon at the end of clause (A) of
paragraph (2) ", in which case, failure by such person to comply
with any work requirement to which such person is subject that is
comparable to a requirement of paragraph (1) shall be the same as
failure to comply with that requirement of paragraph (1)"; and
(4) striking out "twelve" and inserting in lieu thereof "six"
in paragraph (2)(B).
Sec. 1312. Section 7(f) of the Food Stamp Act of 1977 // 7 USC 2016.
// is amended to read as follows:
"(f) Notwithstanding any other provision of this Act, the State
agency shall be strictly liable to the Secretary for any financial
losses involved in the acceptance, storage and issuance of coupons,
including any losses involving failure of a coupon issuer to comply with
the requirements specified in section 11(e)(21), except that in the case
of losses resulting from the issuance and replacement of authorizations
for coupons and allotments which are sent through the mail, the State
agency shall be liable to the Secretary to the extent prescribed in the
regulations promulgated by the Secretary.".
Sec. 1313. Section 9(c) of the Food Stamp Act of 1977 // 7 USC 2018.
// is amended by adding at the end thereof the following: " Such
purposes shall not exclude the audit and examination of such information
by the Comptroller General of the United States authorized by any other
provision of law.".
Sec. 1314. Section 9 of the Food Stamp Act of 1977 is amended by
adding at the end thereof a new subsection as follows:
"(e) Approved retail food stores shall display a sign providing
information on how persons may report abuses they have observed in the
operation of the food stamp program.".
Sec. 1315. Section 10 of the Food Stamp Act of 1977 // 7 USC 2019.
// is amended by striking out the term "banks" whenever it appears and
inserting in lieu thereof the following: "financial institutions which
are insured by the Federal Deposit Insurance Corporation or the Federal
Savings and Loan Insurance Corporation".
Sec. 1316. Section 11 of the Food Stamp Act of 1977 // 7 USC 2020.
// is amended by striking out subsection (b).
Sec. 1317. Section 11(e)(2) of the Food Stamp Act of 1977 is amended
by inserting after the second period the following new sentence: " Each
application shall also contain in understandable terms and in prominent
and boldface lettering a statement that the information provided by the
applicant in connection with the application for a coupon allotment will
be subject to verification by Federal, State, and local officials to
determine if such information is factual and that if any material part
of such information is incorrect, food stamps may be denied to the
applicant, and that the applicant may be subjected to criminal
prosecution for knowingly providing incorrect information.".
Sec. 1318. Section 11(e)(4) of the Food Stamp Act of 1977 is amended
by--,
(1) striking out "immediately prior to or at" and inserting in
lieu thereof "prior to"; and
(2) striking out "it" after "advising" and inserting in lieu
thereof "the household".
LAW
ENFORCEMENT OFFICIALS
Sec. 1319. Section 11(e)(8) of the Food Stamp Act of 1977 is amended
by inserting before the semicolon the following: ", except that (A)
such safeguards shall not prevent the use or disclosure of such
information to the Comptroller General of the United States for audit
and examination authorized by any other provision of law, and (B)
notwithstanding any other provision of law, all information obtained
under this Act from an applicant household shall be made available, upon
request, to local, State or Federal law enforcement officials for the
purpose of investigating an alleged violation of this Act or any
regulation issued under this Act".
Sec. 1320. (a) Section 11(e)(11) of the Food Stamp Act of 1977 is
amended to read as follows:
"(11) upon receipt of a request from a household, for the
prompt restoration in the form of coupons to a household of any
allotment or portion thereof which has been wrongfully denied or
terminated, except that allotments shall not be restored for any
period of time more than one year prior to the date the State
agency receives a request for such restoration from a household or
the State agency is notified or otherwise discovers that a loss to
a household has occurred;".
(b) Section 14 of the Food Stamp Act of 1977 // 7 USC 2023. // is
amended by--,
(1) inserting "(a)" immediately after the section designation;
and
(2) adding a new subsection as follows:
"(b) In any judicial action arising under this Act, any food stamp
allotments found to have been wrongfully withheld shall be restored only
for periods of not more than one year prior to the date of the
commencement of such action, or in the case of an action seeking review
of a final State agency determination, not more than one year prior to
the date of the filing of a request with the State for the restoration
of such allotments or, in either case, not more than one year prior to
the date the State agency is notified or otherwise discovers the
possible loss to a household.".
Sec. 1321. Section 11(e) of the Food Stamp Act of 1977 // 7 USC
2020. // is amended by---,
(1) striking out "and" at the end of paragraph (18);
(2) striking out the period at the end of paragraph (19) and
inserting in lieu thereof a semicolon; and
(3) adding at the end thereof new paragraphs as follows:
"(20) that information available from the Social Security
Administration under the provisions of section 6103(i)(7) of the
Internal Revenue Code of 1954,
// 94 Stat. 365. 26 USC 6103. //
and information available from agencies administering State
unemployment compensation laws under the provisions of section
303(d) of the Social Security Act,
// 94 Stat. 366 42 USC 503. //
shall be requested and utilized by the State agency (described in
section 3(n)(1) of this Act)
// 7 USC 2012. //
to the extent permitted under the provisions of such sections,
except that the State agency shall not be required to request such
information from the Social Security Administration if such
information is available from the agency administering the State
unemployment compensation laws; and
"(21) that, in project areas or parts thereof where
authorization cards are used, and eligible households are required
to present photographic identification cards in order to receive
their coupons, the State agency shall include, in any agreement or
contract with a coupon issuer, a provision that (A) the issuer
shall (i) require the presenter to furnish a photographic
identification card at the time the authorization card is
presented, and (ii) record on the authorization card the
identification number shown on the photographic identification
card; and (B) if the *STATE agency determines that the
authorization card has been stolen or otherwise was not received
by a household certified as eligible, the issuer shall be liable
to the State agency for the face value of any coupons issued in
the transaction in which such card is used and the issuer fails to
comply with the requirements of clause (A) of this paragraph.".
Sec. 1322. Section 11(f) of the Food Stamp Act of 1977 // 7 USC 2020.
// is amended to read as follows:
"(f) To encourage the purchase of nutritious foods, the Secretary is
authorized to extend food and nutrition education to reach food stamp
program participants, using the methods and techniques developed in the
expanded food and nutrition education and other programs.".
Sec. 1328. Section 11 of the Food Stamp Act of 1977 is amended by
adding thereto a new subsection as follows:
"(m) The Secretary shall provide for the use of fee agents in rural
Alaska. As used in this subsection 'fee agent' means a paid agent who,
although not a State employee, is authorized by the State to make
applications available to low-income households, assist in the
completion of applications, conduct required interviews, secure required
verification, forward completed applications and supporting
documentation to the State agency, and provide other services as
required by the State agency. Such services shall not include making
final decisions on household eligibility or benefit levels.".
OFFENSES;
WORK RESTITUTION PROGRAM
Sec. 1324. Subsections (b) and (c) of section 15 of the Food Stamp
Act of 1977 // 7 USC 2024. // are amended to read as follows:
"(b)(1) Subject to the provisions of paragraph (2) of this
subsection, whoever knowingly uses, transfers, acquires, alters, or
possesses coupons or authorization cards in any manner not authorized by
this Act or the regulations issued pursuant to this Act shall, if such
coupons or authorization cards are of a value of $100 or more, be guilty
of a felony and shall, upon the first conviction thereof, be fined not
more than $10,000 or imprisoned for not more than five years, or both,
and, upon the second and any subsequent conviction thereof, shall be
imprisoned for not less than six months nor more than five years and may
also be fined not more than $10,000 or, if such coupons or authorization
cards are of a value of less than $100, shall be guilty of a
misdemeanor, and, upon the first conviction thereof, shall be fined not
more than $1,000 or imprisoned for not more than one year, or both, and
upon the second and any subsequent conviction thereof, shall be
imprisoned for not more than one year and may also be fined not more
than $1,000. In addition to such penalties, any person convicted of a
felony or misdemeanor violation under this subsection may be suspended
by the court from participation in the food stamp program for an
additional period of up to eighteen months consecutive to that period of
suspension mandated by section 6(b)(1) of this Act.
"(2) In the case of any individual convicted of an offense under
paragraph (1) of this subsection, the court may permit such individual
to perform work approved by the court for the purpose of providing
restitution for losses incurred by the United States and the State
agency as a result of the offense for which such individual was
convicted. If the court permits such individual to perform such work
and such individual agrees thereto, the court shall withhold the
imposition of the sentence on the condition that such individual perform
the assigned work. Upon the successful completion of the assigned work
the court may suspend such sentence.
"(c) Whoever presents, or causes to be presented, coupons for payment
or redemption of the value of $100 or more, knowing the same to have
been received, transferred, or used in any manner in violation of the
provisions of this Act or the regulations issued pursuant to this Act,
shall be guilty of a felony and, upon the first conviction thereof,
shall be fined not more than $10,000 or imprisoned for not more than
five years, or both, and, upon the second and any subsequent conviction
thereof, shall be imprisoned for not less than one year nor more than
five years and may also be fined not more than $10,000, or, if such
coupons are of a value of less than $100, shall be guilty of a
misdemeanor and, upon the first conviction thereof, shall be fined not
more than $1,000 or imprisoned for not more than one year, or both, and,
upon the second and any subsequent conviction thereof, shall be
imprisoned for not more than one year and may also be fined not more
than $1,000. In addition to such penalties, any person convicted of a
felony or misdemeanor violation under this subsection may be suspended
by the court from participation in the food stamp program for an
additional period of up to eighteen months consecutive to that period of
suspension mandated by section 6(b)(1) of this Act.".
Sec. 1325. Section 16(b)(1) of the Food Stamp Act of 1977 // 7 USC
2025. // is amended by striking out ", including, but not limited to,
staffing standards such as caseload per certification worker
limitations,".
CORRECTIVE ACTION
PLANS
Sec. 1326. Section 16 of the Food Stamp Act of 1977 is amended by--,
(1) inserting before the period at the end of the first
sentence of subsection (c) the following: ", and, effective
October 1, 1981, which also meets the standard contained in
paragraph (1)(B) of this subsection"; and
(2) striking out " October 1, 1978" in subsection (d) and
inserting in lieu thereof " October 1, 1981", and by inserting
"(2)" after "subsection (c)".
Sec. 1327. The first sentence of section 16(f) of the Food Stamp Act
of 1977 is amended by striking out "may" and inserting in lieu thereof
"shall".
Sec. 1328. Section 17(b)(1) of the Food Stamp Act of 1977 // 7 USC
2026. // is amended to read as follows:
"(b)(1) The Secretary may conduct on a trial basis, in one or more
areas of the United States, pilot or experimental projects designed to
test program changes that might increase the efficiency of the food
stamp program and improve the delivery of food stamp benefits to
eligible households, including projects involving the payment of the
value of allotments or the average value of allotments by household size
in the form of cash to eligible households all of whose members are age
sixty-five or over or any of whose members are entitled to supplemental
security income benefits under title XVI of the Social Security Act //
42 USC 1381. // or to aid to families with dependent children under
part A of title IV of the Social Security Act, // 42 USC 601. // the
use of countersigned food coupons or similar indentification mechanisms
that do not invade a household's privacy, and the use of food checks or
other voucher-type forms in place of food coupons. The Secretary may
waive the requirements of this Act to the degree necessary for such
projects to be conducted, except that no project, other than a project
involving the payment of the average value of allotments by household
size in the form of cash to eligible households, shall be implemented
which would lower or further restrict the income or resource standards
or benefit levels provided pursuant to sections 5 and 8 of this Act. //
7 USC 2014, 2017. // Any pilot or experimental project implemented
under this paragraph and operating as of October 1, 1981, involving the
payment of the value of allotments in the form of cash to eligible
households all of whose members are either age sixty-five or over or
entitled to supplemental security income benefits under title XVI of the
of Social Security Act // 42 USC 1381. // shall be continued until
October 1, 1985, if the State so requests.".
Sec. 1329. Section 17(c) of the Food Stamp Act of 1977 // 7 USC
2026. // is amended by adding at the end thereof the following: "
Further, the Secretary shall, by way of making contracts with or grants
to public or private organizations or agencies, implement pilot programs
to test various means of measuring on a continuing the nutritional
status of low income people, with special emphasis on people who are
eligible for food stamps, in order to develop minimum common criteria
and methods for systematic nutrition monitoring that could be applied on
a nationwide basis. The locations of the pilot programs shall be
selected to provide a representative geographic and demographic
cross-section of political subdivisions that reflect natural usage
patterns of health and nutritional services and that contain high
proportions of low income people. The Secretary shall report on the
progress of these pilot programs on an annual basis commencing on July
1, 1982, to the Committee on Agriculture of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry of the Senate,
together with such recommendations as the Secretary deems appropriate.".
APPLICATIONS FOR
CERTAIN AFDC, SSI, AND MEDICAID RECIPIENTS
Sec. 1330. Section 17 of the Food Stamp Act of 1977 // 7 USC 2026.
// is amended by adding at the end thereof a new subsection as follows:
"(f) The Secretary may conduct no more than two statewide pilot
projects (upon the request of a State) and no more than fourteen pilot
projects in political subdivisions of States (upon the request of any
such political subdivision) in which households that include one or more
recipients of aid to families with dependent children under part A of
title IV of the Social Security Act, // 42 USC 601. // of supplemental
security income under title XVI of the Social Security Act, // 42 USC
1381. // or of medical assistance under title XIX of the Social
Security Act, // 42 USC 1396. // and whose income does not exceed the
applicable income standard of eligibility described in section 5(c) of
this Act shall be deemed to satisfy the application requirements
prescribed under section 5(a) of this Act and the income and resource
requirements prescribed under subsections (d) through (g) of section 5
of this Act. // 7 USC 2014. // For any pilot project carried out under
this subsection, allotments provided pursuant to section 8(a) of this
Act // 7 USC 2017. // shall be based upon household size and (1)
benefits paid to such household under part A of title IV or title XVI of
the Social Security Act, // 42 USC 601. 42 USC 1381. // or (2) income
as determined for eligibility under title XIX of the Social Security
Act, // 42 USC 1396. // or at the option of the political subdivision
or the State, the standard of need for such size household under such
programs, except that the Secretary shall adjust the value of such
allotments as may be necessary to ensure that the average allotment by
household size for households participating in such pilot project and
receiving such aid to families with dependent children, such
supplemental security income, or such medical assistance, as the case
may be, is not less than the average allotment which would have been
provided under this Act but for the operation of this subsection, for
each category of households, respectively, in such pilot project area,
for any period during which such pilot project is in operation. The
Secretary shall evaluate the impact of such pilot projects on recipient
households, administrative costs, and error rates. The administrative
costs of such projects shall be shared in accordance with the provisions
of section 16 of this Act. // 7 USC 2025. // In implementing this
section, the Secretary shall consult with the Secretary of Health and
Human Services to ensure that to the extent practicable, in the case of
households participating in such pilot projects, the processing of
applications for, and determinations of eligibility to receive, food
stamp benefits are simplified and are unified with the processing of
applications for, and determinations of eligibility to receive, benefits
under such titles of the Social Security Act.". // 42 USC 1305. //
Sec. 1311. Section 18(a) of the Food Stamp Act of 1977 // 7 USC
2027. // is amended in the first sentence thereof by--,
(1) striking out "and" after " September 30, 1980;"; and
(2) inserting before the period at the end thereof the
following: "; and not in excess of $11,300,000,000 for the
fiscal year ending September 30, 1982".
Sec. 1332. Section 18 of the Food Stamp Act of 1977 is amended by
adding a new subsection as follows:
"(e) Funds collected from claims against households or State
agencies, including claims collected pursuant to sections 7(f), 11(g)
and (h), 13(b), and 16(g) of this Act, // 7 USC 2020. // claims
resulting from resolution of audit findings, and claims collected from
households receiving overissuances, shall be credited to the food stamp
program appropriation account for the fiscal year in which the
collection occurs. Funds provided to State agencies under section 16(
c) of this Act shall be paid from the appropriation account for the
fiscal year in which the funds are provided.".
Sec. 1333. The Food Stamp Act of 1977 is amended by adding at the
end thereof a new section as follows:
" Sec. 20. // 7 USC 2029. // (a) The Secretary shall permit any
political subdivision, in any State, that applies and submits a plan to
the Secretary in compliance with guidelines promulgated by the Secretary
to operate a workfare program pursuant to which every member of a
household participating in the food stamp program who is not exempt by
virtue of the provisions of subsection (b) of this section shall accept
an offer from such subdivision to perform work on its behalf, or may
seek an offer to perform work, in return for compensation consisting of
the allotment to which the household is entitled under section 8(a) of
this Act, // 7 USC 2017. // with each hour of such work entitling that
household to a portion of its allotment equal in value to 100 per centum
of the higher of the applicable State minimum wage or the Federal
minimum hourly rate under the Fair Labor Standards Act of 1938. // 29
USC 201. //
"(b) The household members who shall be exempt from workfare
requirements are those who are either (1) mentally or physically unfit;
(2) under eighteen years of age; (3) sixty years of age or over; (4)
subject to and currently involved at least twenty hours a week in a work
training program under a work registration requirement pursuant to title
IV of the Social Security Act; // 42 USC 601. // (5) a parent or other
member of a household with responsibility for the care of a child under
age six or of an incapacitated person; (6) a parent or other caretaker
of a child in a household where there is another member who is subject
to the requirements of this subsection or is employed full time; (7) a
regular participant in a drug addiction or alcoholic treatment and
rehabilitation program; or (8) an individual described in section
6(d)(2) (D) or (F) of this Act. // 7 USC 2015. //
"(c) No operating agency shall require any participating member to
work in any workfare position to the extent that such work exceeds in
value the allotment to which the household is otherwise entitled or that
such work either exceeds twenty hours a week or would, together with any
other hours worked in any other compensated capacity by such member on a
regular or predictable part-time basis, exceed thirty hours a week.
"(d) The operating agency shall--,
"(1) not provide any work that has the effect of replacing or
preventing the employment of an individual not participating in
the workfare program;
"(2) provide the same benefits and working conditions that are
provided at the job site to employees performing comparable work
for comparable hours; and
"(3) reimburse participants for actual costs of transporation
and other actual costs all of which are reasonably necessary and
directly related to participation in the program but not to exceed
$25 in the aggregate per month.
"(e) The operating agency may allow a job search period, prior to
making workfare assignments, of up to thirty days following a
determination of eligibility.
"(f) In the event that any person fails to comply with the
requirements of this section, neither that person nor the household to
which that person belongs shall be eligible to participate in the food
stamp program for two months, unless that person or another person in
the household satisfies all outstanding workfare obligations prior to
the end of the two-month disqualification period.
"(g)(1) The Secretary shall pay to each operating agency 50 per
centum of all administrative expenses incurred by such agency in
operating a workfare program, including reimbursements to participants
for work-related expenses as described in subsection (d)(3) of this
section.
"(2) The Secretary may suspend or cancel some or all of these
payments, or may withdraw approval from a political subdivision to
operate a workfare program, upon a finding that the subdivision has
failed to comply with the workfare requirements.".
Sec. 1334. Effective October 1, 1981, section 4 of the Agriculture
and Consumer Protection Act of 1973 // 7 USC 612c. // is amended by--,
(1) striking out "1978, 1979, 1980, and 1981", in the first
sentence of subsection (a) and inserting in lieu thereof: "1982,
1983, 1984, and 1985"; and
(2) adding a new subsection as follows:
"(c) Whoever embezzles, willfully misapplies, steals or obtains by
fraud any agricultural commodity or its products (or any funds, assets,
or property deriving from donation of such commodities) provided under
this section, or under section 416 of the Agricultural Act of 1949 (7
U.S.C. 1431), section 32 of the Act of August 24, 1935 (7 U.S.C. 612c),
or section 709 of the Food and Agriculture Act of 1965 (7 U.S.C.
1446a-1), whether received directly or indirectly from the United States
Department of Agriculture, or whoever receives, conceals, or retains
such commodities, products, funds, assets, or property for personal use
or gain, knowing such commodities, products, funds, assets, or property
have been embezzled, willfully misapplied, stolen, or obtained by fraud
shall, if such commodities, products, funds assets, or property are of a
value of $100 or more, be fined not more than $10,000 or imprisoned not
more than five years, or both, or such commodities, products, funds,
assets, or property are of value of less than $100, shall be fined not
more than $1,000 oor imprisoned for not more than one year, or both."
FOR THE
ELDERLY AND ADMINISTRATIVE COSTS
Sec. 1335. Effective October 1, 1981, section 5(a) of the
Agriculture and Consumer Protection Act of 1973 // 7 USC 612c // is
amended to read as follows:
"(a) In carrying out the supplemental feeding program (hereinafter
referred to as the 'commodity supplemental food program') under section
4 of this Act, // 7 USC 612c // the Secretary (1) may institute two
pilot projects directed at low-income elderly persons, including, where
feasible, distribution of commodities to such persons in their homes,
which projects shall operate no longer than two years, and (2) shall
provide to the State agencies administering the commodity supplemental
food program, for each of the fiscal years 1982 through 1985, funds
appropriated from the general fund of the Treasury in amounts equal to
the administrative costs of State and local agencies in operating the
program, except that the funds provided to State agencies each fiscal
year may not exceed 15 per centum of the amount appropriated for the
provision of commodities to State agencies.".
HOUSEHOLDS
Sec. 1336. Notwithstanding any other provision of law, the Secretary
of Agriculture may establish a food distribution program in the State of
Oklahoma to provide food commodities to eligible Indian households and
such other households as the Secretary determines appropriate in
connection therewith. In determining eligibility for such program the
Secretary may take into account such considerations as (1) the extent
and nature of the governmental jurisdiction which a tribal organization
exercises or has authority to exercise over the land on which the
household resides; (2) whether the houshold resides in " Indian
country" as defined in section 1151 of title 18, United States Code;
(3) whether the household resides within an Indian service area
designated by the Bureau of Indian Affairs, United States Department of
the Interior; (4) the tribal membership or Indian status of persons in
the household; and (5) whether the household resides in an urban area.
The Secretary shall not allow any tribal organization to administer such
distribution of commodities unless the Secretary determines that the
tribal organization is capable of effectively and efficiently
administering such distribution over defined geographic areas. The
Secretary may pay such amounts for administrative costs of such
distribution as the Secretary finds necessary for effective and
efficient administration of such distribution by a tribal organization.
No household shall be eligible to participate simultaneously in the food
stamp program under the Food Stamp Act of 1977 // 7 USC 2011 // and in
the food distribution program established under authority of this
section.
Sec. 1337. // 7 USC 2270. // Any person who is employed in the
Office of the Inspector General of Agriculture, who conducts
investigations of alleged or suspected felony criminal violations of
statutes, including but not limited to the Food Stamp Act of 1977,
administered by the Secretary of Agriculture or any agency of the
Department of Agriculture and who is designated by the Inspector General
of the Department of Agriculture may--,
(1) make an arrest without a warrant for any such criminal
felony violation if such violation is committed, or if such
employee has probable cause to believe that such violation is
being committed, in the presence of such employee;
(2) execute a warrant for an arrest, for the search of
premises, or the seizure of evidence if such warrant is issued
under authority of the United States upon probable cause to
believe that such violation has been committed; and
(3) carry a firearm;
in accordance with rules issued by the Secretary of Agriculture, while
such employee is engaged in the performance of official duties under the
authority provided in section 6, or described in section 9, of the
Inspector General Act of 1978 (5 U.S.C. App. 6, 9). // 5 USC app. //
The Attorney General of the United States may disapprove any designation
made by the Inspector General under this section.
Sec. 1338. // 7 USC 2012 // Except as otherwise specifically
provided, the amendments made by this title shall be effective upon such
dates as the Secretary of Agriculture may prescribe, taking into account
the need for orderly implementation.
Sec. 1401. This title // 7 USC 3101 // may be cited as the "
National Agricultural Research, Extension, and Teaching Policy Act
Amendments of 1981".
Sec. 1402. Section 1402 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3101) is amended
by--,
(1) striking out "and" at the end of paragraph (8) and changing
the period at the end of paragraph (9) to a semicolon; and
(2) adding new paragraphs (10) and (11) at the end thereof as
folllows:
"(10) it is and has been the policy of the United States to
support food and agricultural research, extension, and teaching in
the broadest sense of these terms. The partnership between the
Federal Government and the States, as consummated in legislation
and cooperative agreements, and the cooperative nature of efforts
to implement this policy in cooperation with the food and
agricultural industry has been eminently successful. Cooperative
research, extension, and teaching programs have provided the
United States with the most productive and efficient food and
agricultural system in the world. This system is the basis of our
national affluence and it provides vast amounts of food and fiber
to other people around the world. However, the food and
agricultural system is dynamic and constantly changing. The
research, extension, and teaching programs that support the food
and agricultural system must be maintained and constantly adjusted
to meet ever changing challenges. National support of cooperative
research, extension, and teaching efforts must be reaffirmed and
expanded at this time to meet major needs and challenges in the
following areas:
outstanding,
however, productivity growth in the past decade has
slowed.
agricultural
productivity in order for agricultural production in the
United States to meet the demand of a rising world
population,
rising costs of production, and limitations on energy
consumption. Improved productivity in food and
agricultural
processing and marketing sectors is a critical need in
the
national effort to achieve a strong economy.
undertaken
to meet future needs.
relatively
energy intensive. It is critical that alternative
technologies
be developed to increase agricultural energy efficiency
and
to reduce dependence on petroleum based products.
Furthermore,
agriculture provides the United States with
alternative
potential sources of energy that must be assessed and
developed.
conservation of soil, water, forest, and range
resources are
vital to maintain the resource base for food and fiber
production.
An expanded program in the area of soil and water
conservation
research is needed to develop more economical and
effective conservation systems. Five key objectives
of this
research are:
conservation
technologies;
implementation
of the major recommendations of the Department
of Agriculture Report and Recommendations on
Organic Farming, July 1980.
basic objectives of food and agricultural
research, extension, and teaching programs are to make
the
maximum contribution to the health and welfare of people
and to the economy of the United States through the
enhancement of owner-operated family farms, to improve
community services and institutions, to increase the
quality
of life in rural America, and to improve the
well-being of consumers.
The rapid rate of social change, economic instability,
and current energy problems increase the need for
expanded programs of research and extension in family
financial management, housing and home energy
consumption,
food preparation and consumption, human development
(including youth programs), and development of community
services and institutions.
needs of the world continues, but there is an
increasing need
to address nutrition research issues associated
with diet resulting from changing life styles and with
respect to special groups such as the elderly,
teenagers,
infants, and pregnant women.
greatest challenge facing mankind through the next two
decades will be to produce adequate food for an
expanding
world population. This challenge demands a dedicated
effort
by the Federal Government and the State cooperative
institutions,
and other colleges and universities to expand
international
food and agricultural research, extension, and
teaching programs. Improved cooperation and
communications
by the Department of Agriculture and the cooperators
with international agricultural research centers,
counterpart
agencies and universities in other countries, is
necessary to
improve food and agricultural progress throughout the
world; and
"(11) long-range planning for research, extension, and teaching
is a key element in meeting the objectives of this title;
accordingly, all of the elements in the food and agricultural
science and education system are encouraged to expand their
planning and coordination efforts.".
Sec. 1403. Section 1403 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3102) is amended
by--,
(1) amending paragraph (2) to read as follows:
"(2) undertake the special measures set forth in this title to
improve the coordination and planning of agricultural research,
extension, and teaching programs, identify needs and establish
priorities for these programs, assure that national agricultural
research, extension, and teaching objectives are fully achieved,
and assure that the results of agricultural research are
effectively communicated and demonstrated to farmers, processors,
handlers, consumers, and all other users who can benefit
therefrom;";
(2) striking out in paragraph (4) the comma after "programs"
the first time it appears and striking out "including the
intiatives specified in section 1402(8) of this title,";
(3) striking out "scientific" in paragraph (5); and
(4) striking out "training and research" in paragraph (7) and
inserting in lieu thereof "research, extension, and teaching".
Sec. 1404. Section 1404 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103) is amended
by--,
(1) amending paragraph (8) to read as follows:
"(8) the term 'food and agricultural sciences' means basic,
applied, and developmental research, extension, and teaching
activities in the food, agricultural, renewable natural resources,
forestry, and physical and social sciences, in the broadest sense
of these terms, including but not limited to, activities relating
to:
soil
tilth and fertility, plant and animal production and
protection,
and plant and animal health;
utilization
of food and agricultural products;
rangelands,
and urban forestry;
wellbeing
and financial management;
productivity;";
(2) amending paragraph (12) to read as follows:
"(12) the term ' State' means any one of the fifty States, the
Commonwealth of Puerto Rico, Guam, American Samoa, the
Commonwealth of the Northern Marianas, the Trust Territory of the
Pacific Islands, the Virgin Islands of the United States, and the
District of Columbia;";
(3) sstriking out "and" immediately after the semicolon in
paragraph (13);
(4) amending paragraph (14) to read as follows:
"(14) the term 'teaching' means formal classroom instruction,
laboratory instruction, and practicum experience in the food and
agricultural sciences and matters relating thereto (such as
faculty development, student recruitment and services, curriculum
development, instructional materials and equipment, and innovative
teaching methodologies) conducted by colleges and universities
offering baccalaureate or higher degrees;";
(5) adding at the end thereof new paragraphs (15) and (16) as
follows:
"(15) the term 'cooperating forestry schools' means those
institutions eligible to receive funds under the Act of October
10, 1962 (16 U.S.C. 582a et seq.), commonly known as the Mc
Intire--, Stennis Act of 1962; and
"(16) the term ' State cooperative institutions' or ' State
cooperative agents' means institutions or agents designated by--,
commonly
known as the First Morrill Act;
seq.),
commonly known as the Second Morrill Act, including
the
Tuskegee Institute;
commonly
known as the Smith-Lever Act;
seq.),
commonly known as the Mc Intire-Stennis Act of 1962;
and
// 7 USC 3191. //
ROLE OF THE
DEPARTMENT OF AGRICULTURE
Sec. 1405. Section 1405 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3121) is amended
by--,
(1) striking out " Secretary of Health, Education, and Welfare"
in paragraph (1) and inserting in lieu thereof " Secretary of
Health and Human Services";
(2) striking out "other" in paragraph (5);
(3) inserting "or proposed" in paragraph (6) after "actions
taken";
(4) striking out "and" at the end of paragraph (8);
(5) striking out the period in paragraph (9) and inserting in
lieu thereof a semicolon; and
(6) adding at the end thereof the following new paragraphs:
"(10) coordinate all agricultural research, extension and
teaching activities conducted or financed by the Department of
Agriculture with the periodic renewable resource assessment and
program provided for in sections 3 and 4 of the Forest and
Rangeland Renewable resources planning Act of 1974
// 16 USC 1601, 1602. //
and the appraisal and program provided for in sections 5 and 6 of
the Soil and Water Resources Conservation Act of 1977;
// 16 USC 2004, 2005. //
and
"(11) take the initiative in overcoming barriers to long-range
planning by developing, in conjunction with the States, State
cooperative institutions, the Joint Council, the Advisory Board,
and other appropriate institutions, a long-term needs assessment
for food, fiber, and forest products, and by determining the
research requirements necessary to meet the identified needs.".
RESEARCH
Sec. 1406. (a) Section 1406 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 // 42 USC 6651. // is
amended by striking out the title and inserting in lieu thereof "
Subcommittee on Food, Agricultural, and Forestry Research".
(b) Section 401(h) of the National Science and Technology Policy,
Organization, and Priorities Act of 1976 (42 U.S.C. 6651(h) is amended
by--,
(1) striking out " Subcommittee on Food and Renewable
Resources" and inserting in lieu thereof " Subcommittee on Food,
Agricultural, and Forestry Research";
(2) striking out " Department of Health, Education, and
Welfare" and inserting in lieu thereof " Department of Health and
Human Services"; and
(3) striking out " Energy Research and Development
Administration" and inserting in lieu thereof " Department of
Energy".
(c) Section 257(b) of the Energy Security Act (42 U.S.C. 8852(b)) is
amended in paragraph (1) by striking " Subcommittee on Food and
Renewable Resources" and inserting in lieu thereof " Subcommittee on
Food, Agricultural, and Forestry Research".
Sec. 1407. (a) Section 1407(a) of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3122(a))
is amended by striking out "of five years" and inserting in lieu thereof
"that expires September 30, 1985".
(b) Section 1407(b) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3122(b)) is amended to read as
follows:
"(b) The Joint Council shall be composed of not fewer than twenty--,
five representatives of organizations or agencies which conduct or
assist in conducting programs of research, extension, or teaching in the
food and agricultural sciences, including State cooperative
institutions; other colleges and universities having a demonstrable
capacity to carry out food and agricultural research, extension, or
teaching; agencies within the Department of Agriculture which have
significant research, extension, or teaching responsibilities; the
Office of Science and Technology Policy; other Federal agencies
determined by the Secretary to be appropriate, and other public and
private institutions, producers, and representatives of the public who
are interested in and have a potential to contribute, as determined by
the Secretary, to the formulation of national policy in the food and
agricultural sciences. Members shall be appointed for a term of up to
three years by the Secretary from nominations made by the organizations
and agencies described in the preceding sentence. The terms of members
shall be staggered. To ensure that regional differences are properly
considered, at least one-half of the members of the Joint Council shall
be appointed by the Secretary from among distinguished persons engaged
in agricultural research, extension, or teaching programs at land-grant
colleges and universities and State agricultural experiment stations.
To ensure that other agricultural institutional views are considered by
the Joint Council, two of the members of the Joint Council shall be
appointed by the Secretary from among persons who are distinguished
representatives of other colleges and universities having a demonstrable
capacity to carry out food and agricultural research, extension, or
teaching. The Joint Council shall be jointly chaired by the Assistant
Secretary of Agriculture responsible for research, extension, and
teaching, and a person to be elected from among the non-Federal
membership of the Joint Council.".
(c) Section 1407(d)(1) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3122(d)(1)) is
amended to read as follows:
"(1) The primary responsibility of the Joint Council is to bring
about more effective research, extension, and teaching in the food and
agricultural sciences in the United States by improving planning and
coordination of publicly and privately supported food and agricultural
science activities and by relating Federal budget development and
program management to these processes.".
(d) Section 1407(d)(2)(E) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3122(d)(2)(E)) is
amended by striking out "efforts" and all that follows through
"planning," and inserting in lieu thereof "in the food and agricultural
sciences, by using, wherever possible, the existing regional research,
extension, and teaching organizations of State cooperative institutions
to provide regional planning and coordination,".
(e) Section 1407(d)(2)(G) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3122(d)(2)(G)) is
amended to read as follows:
"(G) submit a report--,
food and
agricultural research, extension, and teaching programs;
delineating suggested areas of responsibility among
Federal,
State, and private organizations in carrying out such
programs;
and specifying the levels of financial and other
support needed to carry out such programs;
accomplishments
of such programs; and future expectations of
these programs; and
five-year
plan for food and agricultural sciences that reflects
the
coordinated views of the research, extension, and
teaching
community; and updating this plan every two years
thereafter. Each such report shall be submitted to the Secretary
of Agriculture. Minority views, if timely submitted, shall be
included in such report.".
(f) Section 1407 of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3122) is amended by adding at
the end thereof the following new subsections:
"(e) The meetings of the Joint Council shall be publicly announced in
advance and shall be open to the public. Appropriate records of the
activities of the Joint Council shall be kept and made available to the
public on request.
"(f) The Federal Advisory Committee Act (5 U.S.C. App.) and title
XVIII of the Food and Agriculture Act of 1977 // 7 USC 2281. // shall
not apply to the Joint Council.".
ADVISORY
BOARD
Sec. 1408. (a) Section 1408(a) of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3123(a))
is amended by striking out "of five years" and inserting in lieu thereof
"that expires September 30, 1985".
(b) Section 1408(b) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3123(b)) is amended by--,
(1) striking out "twenty-one" and inserting in lieu thereof
"twenty-five" and inserting "to serve staggered terms" after "
Secretary"; and
(2) amending paragraph (1) to read as follows:.
"(1) eight members representing producers of agricultural,
forestry, and aquacultural products, from the various geographical
regions,"
(c) Section 1408(f)(2) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3123(f)(2)) is
amended by--,
(1) striking out " October 31" in subparagraph (E) and
inserting in lieu thereof " July 1"; and
(2) striking out " March 1 of" in subparagraph (F) and
inserting in lieu thereof " February 20 of".
Sec. 1409. Section 1409 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3124) is amended by
striking out " Health, Education, and Welfare" each time it appears and
inserting in lieu thereof " Health and Human Services".
Sec. 1410(a). The National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3101 et seq.) is amended by adding
a new section as follows:
" Sec. 1409 A. // 7 USC 3124a. // (a) A unique partnership
arrangement exists in food and agricultural research, extension, and
teaching between the Federal Government and the governments of the
several States whereby the States have accepted and have supported,
through legislation and appropriations--,
"(1) research programs under--,
seq.),
commonly known as the Mc Intire-Stennis Act of 1962;
// 7 USC 3191. //
and
// 7 USC 3221. //
"(2) extension programs under subtitle G of this title and the
Act of May 8, 1914 (7 U.S.C. 341 et seq.), commonly known as the
Smith-Lever Act; and
"(3) teaching programs under--,
commonly
known as the First Morrill Act;
seq.),
commonly known as the Second Morrill Act; and
This partnership in publicly supported agricultural research, extension,
and teaching involving the programs of Federal agencies and the programs
of the States has played a major role in the outstanding successes
achieved in meeting the varied, dispersed, and in many cases,
site-specific needs of American agriculture. This partnership must be
preserved and enhanced.
"(b) In order to promote research and education in food and human
nutrition, the Secretary may establish cooperative human nutrition
centers to focus resources, facilities, and scientific expertise on
particular high priority nutrition problems identified by the
Department. Such centers shall be established at State cooperative
instituions; and at other colleges and universities, having a
demonstrable capacity to carry out human nutrition research and
education.
"(c) In order to meet the increasing needs of consumers and to
promote the health and welfare of people, the Secretary shall ensure
that the cooperative research, extension, and teaching programs of the
various States adequately address the challenges described in paragraph
(10) of section 1402 of this title. The Secretary may implement new
cooperative initiatives in home economics and related disciplines to
address such challenges.".
(b) The table of contents of the Food and Agriculture Act of 1977 is
amended by inserting immediately after the item relating to section 1409
the following new item:
" Sec. 1409 A. Federal-State partnership and coordination.".
Sec. 1411. Section 1410 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3125) is amended
by--,
(1) striking out " February 1" and inserting in lieu thereof "
January 1";
(2) striking out "and" at the end of paragraph (2);
(3) striking out the period at the end of paragraph (3) and
inserting in lieu thereof a semicolon and the word "and"; and
(4) adding at the end thereof a new paragraph as follows:
"(4) in the report of January 1, 1984, the Secretary's needs
assessment developed pursuant to the provisions of section 1405(
11) of this title.".
Sec. 1412. Section 1411 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3126) is amended
by--,
(1) striking out "and" at the end of subsection (a)(4);
(2) striking out the period at the end of subsection (a)(5) and
inserting in lieu thereof a semicolon and "and";
(3) adding a new paragraph at the end of subsection (a) as
follows:
"(6) the Department of Agriculture establish mutually valuable
working relationships with international and foreign information
and data programs."; and
(4) amending subsection (b)(3) to read as follows:
"(3) providing notification about these collections on a
regular basis to the State cooperative extension services, State
educational agencies, and other interested persons.".
ADVISORY BOARD
Sec. 1413. Section 1412(a) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3127(a)) is amended
to read as follows:
"(a) To assist the Joint Council and the Advisory Board in the
performance of their duties, the Secretary may appoint, after
consultation with the cochairpersons of the Joint Council and the
chairperson of the Advisory Board--,
"(1) a full-time executive director who shall perform such
duties as the cochairpersons of the Joint Council and the
chairperson of the Advisory Board may direct and who shall receive
compensation at a rate not to exceed the rate payable for GS-18 of
the General Schedule established in section 5332 of title 5,
United States Code; and
"(2) a professional staff of not more than five full-time
employees qualified in the food and agricultural sciences, of
which one shall serve as the executive secretary to the Joint
Council and one shall serve as the executive secretary to the
Advisory Board.".
AGRICULTURE
Sec. 1414. (a) Section 1413 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3128) is amended by
adding at the end thereof the following new subsections:
"(c) There are authorized to be appropriated annually such sums as
Congress may determine necessary to carry out the provisions of section
1412 of this title // 7 USC 3127. // and subsection (b) of this
section.
"(d) The Subcommittee on Food, Agricultural, and Forestry Research,
the Joint Council, and the Advisory Board shall improve communication
and interaction among themselves and with others in the agricultural
science and education system through such mechanisms as the exchange of
reports, joint meetings, and the use of liaison representatives.
"(e) The President shall appoint, by and with the advice and consent
of the Senate, and Assistant Secretary of Agriculture who shall perform
such duties as are necessary to carry out this title and who shall
receive compensation at the rate now or hereafter prescribed by law for
Assistant Secretaries of Agriculture.".
(b) Section 5315 of title 5, United States Code, is amended in the
item relating to Assistant Secretaries of Agriculture by striking out
"(5)" and inserting in lieu thereof "(6)".
GRANTS FOR
AGRICULTURAL RESEARCH
Sec. 1415. (a) Section 2(b) of the Act of August 4, 1965 (7 U.S.C.
450i(b)), is amended by--,
(1) inserting in the second sentence after "on Food and
Agricultural Sciences" the following: "and the National
Agricultural Research and Extension Users Advisory Board";
(2) inserting after the second sentence the following:
" For purposes of the preceding sentence, high priority research
shall include--,
"(1) basic research aimed at the discovery of new scientific
principles and techniques that may be applicable in agriculture
and forestry;
"(2) research aimed at the development of new and innovative
products, methods, and technologies relating to biological
nitrogen fixation, photosynthesis, and other processes which will
improve and increase the production of agricultural and forestry
resources;
"(3) basic and applied research in the fields of animal
productivity and health;
"(4) basic and applied research in the fields of soil and
water;
"(5) basic and applied research in the field of human
nutrition; and
"(6) research to develop new strains of crops and new promising
crops, including guayule, jojoba, and others."; and
(3) striking out "for the fiscal year ending September 30, 1982," in
the last sentence and inserting in lieu thereof "for each of the fiscal
years ending September 30, 1982, September 30, 1983, September 30, 1984,
and September 30, 1985,".
(b) Section 2(c) of the Act of August 4, 1965 (7 U.S.C. 450i(c)) is
amended by--,
(1) inserting "research foundations established by land-grant
colleges and universities," in paragraph (1) after "land-grant
colleges and universities,"; and
(2) amending paragraph (2) to read as follows:
"(2) to State agricultural experiment stations, land-grant
colleges and universities, research foundations established by
land-grant colleges and universities, colleges and universities
receiving funds under the Act of October 10, 1962 (16 U.S.C. 582a
et seq.) and accredited schools or colleges of veterinary
medicine, to facilitate or expand ongoing State-Federal food and
agricultural research programs that (A) promote excellence in
research, (B) promote the development of regional research
centers, (C) promote the research partnership between the
Department of Agriculture and such colleges and universities, such
research foundations or State agricultural experiment stations, or
(D) facilitate coordination and cooperation of research among
States.".
(c) Section 2(d) of the Act of August 4, 1965 (7 U.S.C. 450i(d)) is
amended by--,
(1) striking out "the purchase of equipment" and all that
follows through the dash and inserting in lieu thereof "the
renovation and refurbishment (including energy retrofitting) of
research spaces in buildings or spaces to be used for research,
and the purchase and installation of fixed equipment in such
spaces. Such grants may be used for new construction only for
auxiliary facilities and fixed equipment used for research in such
facilities, such as greenhouses, insectaries, and research farm
structures and installations. Such grants shall be made to--";
(2) striking out "available; and" in paragraph (1) and
inserting in lieu thereof "available;";
(3) striking out the period at the end of paragraph (2) and
inserting in lieu thereof a semicolon; and
(4) inserting after paragraph (2) the following new paragraphs:
"(3) each forestry school not described in paragraph (1) of
this subsection, which is eligible to receive funds under the Act
of October 10, 1962 (16 U.S.C. 582a et seq.), in an amount which
is equal to 10 per centum of the funds received by such school
under that Act; and
"(4) each college eligible to receive funds under the Act of
August 30, 1890 (7 U.S.C. 321 et seq.), including Tuskegee
Institute, in an amount which is equal to 10 per centum of the
funds received by such college under section 1445 of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977.".
// 7 USC 3222. //
Sec. 1416. Section 4(a) of the Act of July 22, 1963 (7 U.S.C. 390c(
a)) is amended by striking out "for the fiscal year ending September 30,
1982," and inserting in lieu thereof "for each of the fiscal years
ending September 30, 1982, September 30, 1983, September 30, 1984, and
September 30, 1985,".
Sec. 1417. Section 1415(c)(2) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3151(c)( 2)) is
amended by striking out the colon and the proviso.
AND
AGRICULTURAL SCIENCES
Sec. 1418. (a) Section 1417(a) of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3152(a))
is amended to read as follows:
"(a)(1) The Secretary shall promote and develop higher education in
the food and agricultural sciences by formulating and administering
higher education programs.
"(2) The Secretary may make grants to land-grant colleges and
universities, and to other colleges and universities having a
demonstrable capacity to carry out food and agricultural teaching, for a
period not to exceed five years--,
"(A) to strengthen institutional capacities to respond to
State, national, or international educational needs in the food
and agricultural sciences;
"(B) to attract students and to educate them as needed in the
food and agricultural sciences, and to attract needed
professionals to provide for their professional improvement in the
food and agricultural sciences;
"(C) to design and implement innovative food and agricultural
educational programs; and
"(D) to facilitate cooperative agreements between two or more
eligible institutions to maximize the use of faculty and
facilities to improve their food and agricultural teaching
programs.
Such grants shall be made without regard to matching funds, but each
recipient institution shall have a significant ongoing commitment to the
food and agricultural sciences generally and to the specific subject
area for which such grant is to be used.
"(3) The Secretary may make competitive grants to colleges and
universities for a period not to exceed five years--,
"(A) to develop or administer programs to meet unique food and
agricultural educational problems; and
"(B) to administer and conduct specialized programs to attract
individuals for undergraduate and graduate programs and to
administer and conduct graduate fellowship programs to meet
regional and national objectives in the food and agricultural
sciences.
Such grants shall be made without regard to matching funds provided by
recipients.".
(b) Section 1417(c) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3152(c)) is amended by adding
at the end thereof the following: " There are hereby transferred to the
Secretary all the functions and duties of the Secretary of Education
under the Act of June 29, 1935 (7 U.S.C. 329) applicable to the
activities and programs for which funds are made available under section
22 of such Act.".
(c) Section 1417(d) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3152(d)) is amended by
striking out "for the fiscal year ending September 30, 1982," and
inserting in lieu thereof "for each of the fiscal years ending September
30, 1982, September 30, 1983, September 30, 1984, and September 30,
1985,".
Sec. 1419. There are hereby transferred to the Secretary of
Agriculture all the functions and duties of the Secretary of Education
under the Act of August 30, 1890 and the tenth and eleventh paragraphs
under the heading " Emergency Appropriations." of the Act of March 4,
1907 (7 U.S.C. 321 et seq.).
Sec. 1420. (a) Section 1418 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3153) is amended
by--,
(1) amending the section heading to read as follows: "
NATIONAL AGRICULTURAL SCIENCE AWARD";
(2) amending subsection (a) to read as follows:
"(a) The Secretary shall establish the National Agricultural Science
Award for research or advanced studies in the food and agricultural
sciences, including the social sciences. Two such awards, one for each
of the categories described in subsection (d) of this section, shall be
made in each fiscal year.";
(3) redesignating subsections (c) and (d) as subsections (d)
and (e), respectively; and
(4) inserting immediately after subsection (b) a new subsection
as follows:
"(c) The awards shall be open to persons in agricultural research,
extension, teaching, or any combination thereof.".
(b) The table of contents of the Food and Agriculture Act of 1977 is
amended by striking out the following:
" Sec. 1418. National agricultural research award." and inserting in
lieu thereof the following:
" Sec. 1418. National agricultural science award."
Sec. 1421. (a) The first section of the Act of August 30, 1890 (7
U.S.C. 322) is amended by striking out "agriculture, the mechanic arts,"
and all that follows through "industries of life" and inserting in lieu
thereof "food and agricultural sciences".
(b) The eleventh paragraph under the heading " Emergency
Appropriations." of the Act of March 4, 1907 (7 U.S.C. 322) is amended
by striking out "agriculture and the mechanic arts" the second place it
appears and inserting in lieu thereof "food and agricultural sciences".
Sec. 1422. Section 1419(a) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3154(a)) is amended
by--,
(1) striking out in the first sentence "colleges and
universities, and Government corporations" and inserting in lieu
thereof "colleges, universities, Government corporations, and
Federal laboratories" and striking out in the third sentence
"colleges, universities and Government corporations" and inserting
in lieu thereof "colleges, universities, Government corporations,
and Federal laboratories";
(2) striking out "four" in the sixth sentence; and
(3) striking out "and September 30, 1982" in the sixth sentence
and all that follows through the period at the end thereof and
inserting in lieu thereof the following: " September 30, 1982,
September 30, 1983, September 30, 1984, and September 30, 1985:
Provided, That the total amount of such appropriations shall not
exceed $40,000,000 during the eight-year period beginning October
1, 1977, and shall not exceed such sums as may be authorized by
law for any fiscal year subsequent to such period: Provided
further, That not more than a total of $5,000,000 may be awarded
to the colleges and universities of any one State.".
Sec. 1423. Section 1425 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3175) is amended
by--,
(1) amending subsection (b) to read as follows:
"(b) In order to enable low-income individuals and families to engage
in nutritionally sound food purchasing and preparation practices, the
expanded food and nutrition education program conducted under section
3(d) of the Act of May 8, 1914 (7 U.S.C. 343(d)), shall provide for the
employment and training of professional and paraprofessional aides to
engage in direct nutrition education of low-income families, and in
other appropriate nutrition education programs. To the maximum extent
practicable, such program aides shall be hired from the indigenous
target population."; and
(2) adding a new subsection as follows:
"(c) Beginning with the fiscal year ending September 30, 1982--,
"(1) Any funds annually appropriated under section 3(d) of the
Act of May 8, 1914, for the conduct of the expanded food and
nutrition education program, up to the amount appropriated under
such section for such program for the fiscal year ending September
30, 1981, shall be allocated to each State in the same proportion
as funds appropriated under such section for the conduct of the
program for the fiscal year ending September 30, 1981, are
allocated among the States; with the exception that the Secretary
may retain up to 2 per centum of such amount for the conduct of
such program in States that did not participate in such program in
the fiscal year ending September 30, 1981.
"(2) Any funds appropriated annually under section 3(d) of the
Act of May 8, 1914, for the conduct of the expanded food and
nutrition education program in excess of the amount appropriated
under such section for the conduct of the program for the fiscal
year ending September 30, 1981, shall be allocated as follows:
for
administrative, technical, and other services necessary
for
the administration of the program.
as
follows:
centum
of the income poverty guidelines prescribed by the
Office of Management and Budget (adjusted pursuant to
section 673(2) of the Omnibus Budget Reconciliation
Act
of 1981 (42 U.S.C. 9902)), bears to the total
population of
all the States living at or below 125 per centum of the
income poverty guidelines, as determined by the last
preceding decennial census at the time each such
additional
amount is first appropriated. The provisions of
this subparagraph shall not preclude the Secretary from
developing educational materials and programs for
persons
in income ranges above the level designated in this
subparagraph.".
RESEARCH,
EXTENSION, AND TEACHING POLICY ACT OF 1977
Sec. 1424. (a) Section 1426 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3176) is repealed.
(b) The table of contents of the Food and Agriculture Act of 1977 is
amended by striking out
" Sec. 1426. Nutrition education materials." and inserting in lieu
thereof
" Sec. 1426. Repealed.".
Sec. 1425. (a) Section 1427 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3177) is amended to
read as follows:
" Sec. 1427. The Secretary and the Secretary of Health and Human
Services shall formulate and submit to Congress, within one hundred and
eighty days after the date of enactment of this section, a plan for a
human nutrition research management system. This system shall be based
on on-line data support capability allowing for fiscal accounting,
management, and control of cross-agency human nutrition research
activities. The plan shall provide for management activities of all
agencies managing funds for human nutrition research activities under
existing authorities and contain recommendations for any additional
authorities necessary to achieve a human nutrition research management
system.".
(b) The table of contents of the Food and Agriculture Act of 1977 is
amended by striking out
" Sec. 1427. Report to Congress." and inserting in lieu thereof
" Sec. 1427. Human nutrition research and information management
system.".
Sec. 1426. Section 1429 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3191) is amended by
revising the last sentence thereof to read as follows: " It is
recognized that the total animal health and disease research and
extension efforts of the several State colleges and universities and of
the Federal Government would be more effective if there were close
coordination between such programs, and it is further recognized that
colleges and universities haveing accredited schools or colleges of
veterinary medicine and State agricultural experiment stations that
conduct animal health and disease research are especially vital in
training research workers in animal health.".
RESEARCH
FUNDS
Sec. 1427. Section 1430 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3192) is amended by
amending paragraphs (1) and (2) to read as follows:
"(1) the term 'eligible institution' means an accredited school
or college of veterinary medicine or a State agricultural
experiment station that conducts animal health and disease
research;
"(2) the term 'dean' means the dean of an accredited school or
college of veterinary medicine;".