Public Law 98-369, 98 Stat. 494
DIVISION A, Title VI-Title IX
98th Congress
July 18, 1984
DEFICIT REDUCTION ACT OF 1984
(Part 6 of 10 Parts)
SEC. 611. 4-YEAR EXTENSION OF MORTGAGE SUBSIDY BOND AUTHORITY.
(a) GENERAL RULE. -- Subparagraph (B) of section 103A(c)(1) (defining
qualified mortgage bond) is amended by striking out "December 31, 1983"
each place it appears and inserting in lieu thereof "December 31, 1987".
(b) REPORTING, ETC., REQUIREMENTS FOR MORTGAGE SUBSIDY BONDS. --
(1) IN GENERAL. -- Subsection (j) of section 103A (relating to
other requirements) is amended by adding at the end thereof the
following new paragraphs:
"(3) INFORMATION REPORTING REQUIREMENT. --
"(A) IN GENERAL. -- An issue meets the requirements of this
subsection only if the issuer submits to the Secretary, not later
than the 15th day of the 2nd calendar month after the close of the
calendar quarter in which the issue is issued (or such later time
as the Secretary may prescribe with respect to any portion of the
statement) a statement concerning the issue which contains --
"(i) the name and address of the issuer,
"(ii) the date of the issue, the amount of the lendable
proceeds of the issue, and the stated interest rate, term, and
face amount of each obligation which is part of the issue,
"(iii) such information as the Secretary may require in order
to determine whether such issue meets the requirements of this
section and the extent to which proceeds of such issue have been
made available to low-income individuals, and
"(iv) such other information as the Secretary may require.
"(B) EXTENSION OF TIME. -- The Secretary may grant an extension
of time for the filing of any statement under subparagraph (A) if
there is reasonable cause for the failure to file such statement
in a timely fashion.
"(4) STATE CERTIFICATION REQUIREMENTS. --
"(A) IN GENERAL. -- An issue meets the requirements of this
subsection only if, before the issue, a State official designated
by State law (or, where there is no such State official, the
Governor) certifies in the manner prescribed by regulations that
the issue meets the requirements of subsection (g).
"(B) CERTIFICATION FURNISHED TO SECRETARY. -- Any certification
under subparagraph (A) shall be submitted to the Secretary at the
same time as the statement with respect to such issue is submitted
under paragraph (3) or such other time as the Secretary may
prescribe.
"(C) SPECIAL RULE FOR CONSTITUTIONAL HOME RULE CITIES. -- In
the case of any constitutional home rule city (as defined in
subsection (g)(5)(C)), the certification under subparagraph (A)
shall be made by the chief executive officer of such city.
"(5) POLICY STATEMENT. --
"(A) IN GENERAL. -- An issue meets the requirements of this
subsection only if the applicable elected representative of the
governmental unit --
"(i) which is the issuer, or
"(ii) on whose behalf such issue was issued,
has published (after a public hearing following reasonable
public notice) a report described in subparagraph (B) by the last
day of the year preceding the year in which such issue is issued
and a copy of such report has been submitted to the Secretary on
or before such last day.
"(B) REPORT. -- The report referred to in subparagraph (A)
which is published by the applicable elected representative of the
governmental unit shall include --
"(i) a statement of the policies with respect to housing,
development, and low-income housing assistance which such
governmental unit is to follow in issuing qualified mortgage bonds
and mortgage credit certificates, and
"(ii) an assessment of the compliance of such governmental unit
during the preceding 1-year period preceding the date of the
report with --
"(I) the statement of policy on qualified mortgage bonds and
mortgage credit certificates that was set forth in the previous
report, if any, of an applicable elected representative of such
governmental unit, and
"(II) the intent of Congress that State and local governments
are expected to use their authority to issue qualified mortgage
bonds and mortgage credit certificates to the greatest extent
feasible (taking into account prevailing interest rates and
conditions in the housing market) to assist lower income families
to afford home ownership before assisting higher income families."
(c) TREATMENT OF QUALIFIED VETERANS' MORTGAGE BONDS. --
(1) Subparagraph (C) of section 103A(c)(3) (defining qualified
veterans' mortgage bond) is amended by striking out "subsection
(j)(1)" and inserting in lieu thereof "subsection (d), paragraphs
(1) and (3) of subsection (j), and subsection (o)".
(2) Section 103A is amended by adding at the end thereof the
following new subsection:
"(o) ADDITIONAL REQUIREMENTS FOR QUALIFIED VETERANS' MORTGAGE BONDS.
--
"(1) VETERANS TO WHOM FINANCING MAY BE PROVIDED. -- An
obligation meets the requirements of this subsection only if each
mortgagor to whom financing is provided under the issue is a
qualified veteran.
"(2) REQUIREMENT THAT STATE PROGRAM BE IN EFFECT BEFORE JUNE
22, 1984. -- An issue meets the requirements of this subsection
only if it is a general obligation of a State which issued
qualified veterans' mortgage bonds before June 22, 1984.
"(3) VOLUME LIMITATION. --
"(A) IN GENERAL. -- An issue meets the requirements of this
subsection only if the aggregate amount of bonds issued pursuant
thereto (when added to the aggregate amount of qualified veterans'
mortgage bonds previously issued by the State during the calendar
year) does not exceed the State veterans limit for such calendar
year.
"(B) STATE VETERANS LIMIT. -- A State veterans limit for any
calendar year is the amount equal to --
"(i) the aggregate amount of qualified veterans bonds issued by
such State during the period beginning on January 1, 1979, and
ending on June 22, 1984 (not including the amount of any qualified
veterans bond issued by such State during the calendar year (or
portion thereof) in such period for which the amount of such bonds
so issued was the lowest), divided by
"(ii) the number (not to exceed 5) of calendar years after 1979
and before 1985 during which the State issued qualified veterans
bonds (determined by only taking into account bonds issued on or
before June 22, 1984).
"(4) QUALIFIED VETERAN. -- For purposes of this subsection, the
term 'qualified veteran' means any veteran --
"(A) who served on active duty at some time before January 1,
1977, and
"(B) who applied for the financing before the later of --
"(i) the date 30 years after the last date on which such
veteran left active service, or
"(ii) January 1, 1985.
"(5) GOOD FAITH EFFORT RULES MADE APPLICABLE. -- Rules similar
to the rules of subparagraphs (B) and (C) of subsection (c)(2)
shall apply to the requirements of this subsection.
"(6) SPECIAL RULE FOR CERTAIN SHORT-TERM OBLIGATIONS. -- In the
case of any obligation which has a term of 1 year or less and
which was issued to provide financing for property taxes, the
amount taken into account under this subsection with respect to
such obligation shall be 1/15 of its principal amount."
(d) EFFECTIVE DATES. --
(1) SUBSECTION (a). -- The amendment made by subsection (a)
shall apply with respect to obligations issued after December 31,
1983.
(2) SUBSECTION (b). -- The amendments made by subsection (b)
shall apply to obligations issued after December 31, 1984.
(3) SUBSECTION (c). --
(A) IN GENERAL. -- Except as provided in subparagraph (B), the
amendments made by subsection (c) shall apply to obligations
issued after the date of the enactment of this Act.
(B) VOLUME LIMITATION. -- The requirements of paragraph (3) of
section 103A(o) of the Internal Revenue Code of 1954 (as added by
this section) shall apply to obligations issued after June 22,
1984. In applying such requirements to obligations issued after
such date, obligations issued on or before such date shall not be
taken into account under such paragraph (3).
(C) QUALIFIED VETERANS' MORTGAGE BONDS AUTHORIZED BEFORE
OCTOBER 18, 1983, NOT TAKEN INTO ACCOUNT. -- The requirements of
section 103A(o)(3) of the Internal Revenue Code of 1954 shall not
apply to any qualified veterans' mortgage bond if --
(i) the issuance of such bond was authorized by a State
referendum before October 18, 1983, or
(ii) the issuance of such bond was authorized pursuant to a
State referendum before December 1, 1983, where such referendum
was authorized by action of the State legislature before October
18, 1983.
(4) TRANSITIONAL RULE WHERE STATE FORMULA FOR ALLOCATING STATE
CEILING EXPIRES. --
(A) IN GENERAL. -- If a State law which provided a formula for
allocating the State ceiling under section 103A(g) of the Internal
Revenue Code of 1954 for calendar year 1983 expires as of the
close of calendar year 1983, for purposes of section 103A( g) of
such Code, such State law shall be treated as remaining in effect
after 1983. In any case to which the preceding sentence applies,
where the State's expiring allocation formula requires action by a
State official to allocate the State ceiling among issuers,
actions of such State official in allocating such ceiling shall be
effective.
(B) TERMINATION. -- Subparagraph (A) shall not apply on or
after the effective date of any State legislation enacted after
the date of the enactment of this Act with respect to the
allocation of the State ceiling.
(C) SPECIAL RULE FOR TEXAS. -- In the case of Texas, the
Governor of such State may take the actions described in
subparagraph (A) pursuant to procedures established by the
Governor consistent with the State laws of Texas.
(5) SPECIAL RULE FOR DETERMINATIONS OF STATISTICAL AREA. -- For
purposes of applying section 103A of the Internal Revenue Code of
1954 and any other provision of Federal law --
(A) RESCISSION. -- The Director of the Office of Management and
Budget shall rescind the designation of the Kansas City, Missouri
primary metropolitan statistical area (KCMO PMSA) and the
designation of the Kansas City, Kansas primary metropolitan
statistical area (Kansas City, KS PMSA), and shall not take any
action to designate such two primary metropolitan statistical
areas as a consolidated metropolitan statistical area.
(B) DESIGNATION. -- The Director of the Office of Management
and Budget shall designate a single metropolitan statistical area
which includes the following:
(i) Kansas City, Kansas.
(ii) Kansas City, Missouri.
(iii) The counties of Johnson, Wyandotte, Leavenworth, and
Miami in Kansas.
(iv) The counties of Cass, Clay, Jackson, Platte, Ray, and
Lafayette in Missouri.
The metropolitan statistical area designation pursuant to this
subsection shall be known as the "Kansas City, Missouri-Kansas
Metropolitan Statistical Area".
(6) TRANSITIONAL RULE FOR KENTUCKY AND NEVADA. -- For purposes
of section 103A(g) of the Internal Revenue Code of 1954, in the
case of Kentucky and Nevada, subclause (I) of section 103A(g)(6)(
B)(ii) of such Code shall be applied as if the first day referred
to in such subclause were January 1, 1987.
(7) REPORT TO CONGRESS. -- The Secretary of the Treasury, in
consultation with the Secretary of Housing and Urban Development,
shall, not later than January 1, 1987, submit a report to the
Committee on Finance of the Senate and the Committee on Ways and
Means of the House of Representatives regarding the performance of
issuers of qualified mortgage bonds and mortgage credit
certificates relative to the intent of Congress described in
section 103A(j) of the Internal Revenue Code of 1954.
SEC 612. MORTGAGE CREDIT CERTIFICATES
(a) IN GENERAL. -- Subpart A of part IV of subchapter A of chapter 1
(relating to credits against tax) is amended by redesignating section 25
as section 26 and by inserting after section 24 the following new
section:
"SEC 25. INTEREST ON CERTAIN HOME MORTGAGES.
"(a) ALLOWANCE OF CREDIT. --
"(1) IN GENERAL. -- There shall be allowed as a credit against
the tax imposed by this chapter for the taxable year an amount
equal to the product of --
"(A) the certificate credit rate, and
"(B) the interest paid or incurred by the taxpayer during the
taxable year on the remaining principal of the certified
indebtedness amount.
"(2) LIMITATION WHERE CREDIT RATE EXCEEDS 20 PERCENT. --
"(A) IN GENERAL. -- If the certificate credit rate exceeds 20
percent, the amount of the credit allowed to the taxpayer under
paragraph (1) for any taxable year shall not exceed $2,000.
"(B) SPECIAL RULE WHERE 2 OR MORE PERSONS HOLD INTERESTS IN
RESIDENCE. -- If 2 or more persons hold interests in any
residence, the limitation of subparagraph (A) shall be allocated
among such persons in proportion to their respective interests in
the residence.
"(b) CERTIFICATE CREDIT RATE; CERTIFIED INDEBTEDNESS AMOUNT. -- For
purposes of this section --
"(1) CERTIFICATE CREDIT RATE. -- The term 'certificate credit
rate' means the rate of the credit allowable by this section which
is specified in the mortgage credit certificate.
"(2) CERTIFIED INDEBTEDNESS AMOUNT. -- The term 'certified
indebtedness amount' means the amount of indebtedness which is --
"(A) incurred by the taxpayer --
"(i) to acquire the principal residence of the taxpayer,
"(ii) as a qualified home improvement loan (as defined in
section 103A(1)(6)) with respect to such residence, or
"(iii) as a qualified rehabilitation loan (as defined in
section 103A(1)(7)) with respect to such residence, and
"(B) specified in the mortgage credit certificate.
"(c) MORTGAGE CREDIT CERTIFICATE; QUALIFIED MORTGAGE CREDIT
CERTIFICATE PROGRAM. -- For purposes of this section --
"(1) MORTGAGE CREDIT CERTIFICATE. -- The term 'mortgage credit
certificate' means any certificate which --
"(A) is issued under a qualified mortgage credit certificate
program by the State or political subdivision having the authority
to issue a qualified mortgage bond to provide financing on the
principal residence of the taxpayer,
"(B) is issued to the taxpayer in connection with the
acquisition, qualified rehabilitation, or qualified home
improvement of the taxpayer's principal residence,
"(C) specifies --
"(i) the certificate credit rate, and
"(ii) the certified indebtedness amount, and
"(D) is in such form as the Secretary may prescribe.
"(2) QUALIFIED MORTGAGE CREDIT CERTIFICATE PROGRAM. --
"(A) IN GENERAL. -- The term 'qualified mortgage credit
certificate program' means any program --
"(i) which is established by a State or political subdivision
thereof for any calendar year for which it is authorized to issue
qualified mortgage bonds,
"(ii) under which the issuing authority elects (in such manner
and form as the Secretary may prescribe) not to issue an amount of
qualified mortgage bonds which it may otherwise issue during such
calendar year under section 103A,
"(iii) under which the indebtedness certified by mortgage
credit certificates meets the requirements of the following
subsections of section 103A (as modified by subparagraph (B) of
this paragraph):
"(I) subsection (d) (relating to residence requirements),
"(II) subsection (e) (relating to 3-year requirement),
"(III) subsection (f) (relating to purchase price requirement),
"(IV) subsection (h) (relating to portion of loans required to
be placed in targeted areas), and
"(V) paragraph (1) of subsection (j) (relating to other
requirements),
"(iv) under which no mortgage credit certificate may be issued
with respect to any residence any of the financing of which is
provided from the proceeds of a qualified mortgage bond or a
qualified veterans' mortgage bond,
"(v) except to the extent provided in regulations, which is not
limited to indebtedness incurred from particular lenders,
"(vi) except to the extent provided in regulations, which
provides that a mortgage credit certificate is not transferrable,
and
"(vii) if the issuing authority allocated a block of mortgage
credit certificates for use in connection with a particular
development, which requires the developer to furnish to the
issuing authority and the homebuyer a certificate that the price
for the residence is no higher than it would be without the use of
a mortgage credit certificate.
"(B) MODIFICATIONS OF SECTION 103A. -- Under regulations
prescribed by the Secretary, in applying section 103A for purposes
of subclauses (II) and (IV) of subparagraph (A)(iii) --
"(i) each qualified mortgage certificate credit program shall
be treated as a separate issue,
"(ii) the product determined by multiplying --
"(I) the certified indebtedness amount of each mortgage credit
certificate issued under such program, by
"(II) the certificate credit rate specified in such
certificate,
shall be treated as proceeds of such issue and the sum of such
products shall be treated as the total proceeds of such issue, and
"(iii) paragraph (1) of section 103A(e) shall be applied by
substituting '100 percent' for '90 percent or more'.
Clause (iii) shall not apply if the issuing authority submits a
plan to the Secretary for administering the 90-percent requirement
of section 103A(e)(1) and the Secretary is satisfied that such
requirement will be met under such plan.
"(d) DETERMINATION OF CERTIFICATE CREDIT RATE. -- For purposes of
this section --
"(1) IN GENERAL. -- The certificate credit rate specified in
any mortgage credit certificate shall not be less than 10 percent
or more than 50 percent.
"(2) AGGREGATE LIMIT ON CERTIFICATE CREDIT RATES. --
"(A) IN GENERAL. -- In the case of each qualified mortgage
credit certificate program, the sum of the products determined by
multiplying --
"(i) the certified indebtedness amount of each mortgage credit
certificate issued under such program, by
"(ii) the certificate credit rate with respect to such
certificate,
shall not exceed 20 percent of the nonissued bond amount.
"(B) NONISSUED BOND AMOUNT. -- For purposes of subparagraph
(A), the term 'nonissued bond amount' means, with respect to any
qualified mortgage credit certificate program, the amount of
qualified mortgage bonds which the issuing authority is otherwise
authorized to issue and elects not to issue under subsection (c)(
2)(A)(ii).
"(3) ADDITIONAL LIMIT IN CERTAIN CASES. -- In the case of a
qualified mortgage credit certificate program in a State which --
"(A) has a State ceiling (as defined in section 103A(g)(4)) for
the year an election is made that exceeds 20 percent of the
average annual aggregate principal amount of mortgages executed
during the immediately preceding 3 calendar years for single
family owner-occupied residences located within the jurisdiction
of such State, or
"(B) issued qualified mortgage bonds in an aggregate amount
less than $150,000,000 for calendar year 1983,
the certificate credit rate for any mortgage credit certificate
shall not exceed 20 percent unless the issuing authority submits a
plan to the Secretary to ensure that the weighted average of the
certificate credit rates in such mortgage credit certificate
program does not exceed 20 percent and the Secretary approves such
plan.
"(e) SPECIAL RULES AND DEFINITIONS. -- For purposes of this section
--
"(1) CARRYFORWARD OF UNUSED CREDIT. --
"(A) IN GENERAL. -- If the credit allowable under subsection
(a) for any taxable year exceeds the applicable tax limit for such
taxable year, such excess shall be a carryover to each of the 3
succeeding taxable years and, subject to the limitations of
subparagraph (B), shall be added to the credit allowable by
subsection (a) for such succeeding taxable year.
"(B) LIMITATION. -- The amount of the unused credit which may
be taken into account under subparagraph (A) for any taxable year
shall not exceed the amount by which the applicable tax limit for
such taxable year exceeds the sum of the amounts which, by reason
of this paragraph, are carried to such taxable year and are
attributable to taxable years before the unused credit year.
"(C) APPLICABLE TAX LIMIT. -- For purposes of this paragraph,
the term 'applicable tax limit' means the limitation imposed by
section 26(a) for the taxable year reduced by the sum of the
credits allowable under this subpart (other than this section).
"(2) INDEBTEDNESS NOT TREATED AS CERTIFIED WHERE CERTAIN
REQUIREMENTS NOT IN FACT MET. -- Subsection (a) shall not apply to
any indebtedness if all the requirements of subsection (d)(1),
(e), (f), and (j) of section 103A and clauses (iv), (v), and (vii)
of subsection (c)(2)(A)", were not in fact met with respect to
such indebtedness. Except to the extent provided in regulations,
the requirements described in the preceding sentence shall be
treated as met if there is a certification, under penalty of
perjury, that such requirements are met.
"(3) PERIOD FOR WHICH CERTIFICATE IN EFFECT. --
"(A) IN GENERAL. -- Except as provided in subparagraph (B), a
mortgage credit certificate shall be treated as in effect with
respect to interest attributable to the period --
"(i) beginning on the date such certificate is issued, and
"(ii) ending on the earlier of the date on which --
"(I) the certificate is revoked by the issuing authority, or
"(II) the residence to which such certificate relates ceases to
be the principal residence of the individual to whom the
certificate relates.
"(B) CERTIFICATE INVALID UNLESS INDEBTEDNESS INCURRED WITHIN
CERTAIN PERIOD. -- A certificate shall not apply to any
indebtedness which is incurred after the close of the second
calendar year following the calendar year for which the issuing
authority made the applicable election under subsection (c)(2)(
A)(ii).
"(C) NOTICE TO SECRETARY WHEN CERTIFICATE REVOKED. -- Any
issuing authority which revokes any mortgage credit certificate
shall notify the Secretary of such revocation at such time and in
such manner as the Secretary shall prescribe by regulations.
"(4) REISSUANCE OF MORTGAGE CREDIT CERTIFICATES. -- The
Secretary may prescribe regulations which allow the administrator
of a mortgage credit certificate program to reissue a mortgage
credit certificate specifying a certified mortgage indebtedness
that replaces the outstanding balances of the certified mortgage
indebtedness specified on the original certificate to any taxpayer
to whom the original certificate was issued, under such terms and
conditions as the Secretary determines are necessary to ensure
that the amount of the credit allowable under subsection (a) with
respect to such reissued certificate is equal to or less than the
amount of credit which would be allowable under subsection (a)
with respect to the original certificate for any taxable year
ending after such reissuance.
"(5) PUBLIC NOTICE THAT CERTIFICATES WILL BE ISSUED. -- At
least 90 days before any mortgage credit certificate is to be
issued after a qualified mortgage credit certificate program, the
issuing authority shall provide reasonable public notice of --
"(A) the eligibility requirements for such certificate,
"(B) the methods by which such certificates are to be issued,
and
"(C) such other information as the Secretary may require.
"(6) INTEREST PAID OR ACCRUED TO RELATED PERSONS. -- No credit
shall be allowed under subsection (a) for any interest paid or
accrued to a person who is a related person to the taxpayer
(within the meaning of section 103(b)(6)(C)(i)).
"(7) PRINCIPAL RESIDENCE. -- The term 'principal residence' has
the same meaning as when used in section 1034.
"(8) QUALIFIED REHABILITATION AND HOME IMPROVEMENT. --
"(A) QUALIFIED REHABILITATION. -- The term 'qualified
rehabilitation' has the meaning given such term by section 103A(
1)(7)(B).
"(B) QUALIFIED HOME IMPROVEMENT. -- The term 'qualified home
improvement' means an alteration, repair, or improvement described
in section 103A(1)(6).
"(9) QUALIFIED MORTGAGE BOND. -- The term 'qualified mortgage
bond' has the meaning given such term by section 103A(c)(1).
"(10) MANUFACTURED HOUSING. -- For purposes of this section,
the term 'single family residence' includes any manufactured home
which has a minimum of 400 square feet of living space and a
minimum width in excess of 102 inches and which is of a kind
customarily used at a fixed location. Nothing in the preceding
sentence shall be construed as providing that such a home will be
taken into account in making determinations under section 103A.
"(f) REDUCTION IN AGGREGATE AMOUNT OF QUALIFIED MORTGAGE BONDS WHICH
MAY BE ISSUED WHERE CERTAIN REQUIREMENTS NOT MET. --
"(1) IN GENERAL. -- If for any calendar year any mortgage
credit certificate program which satisfies procedural requirements
with respect to volume limitations prescribed by the Secretary
fails to meet the requirements of paragraph (2) of subsection (d),
such requirements shall be treated as satisfied with respect to
any certified indebtedness of such program, but the applicable
State ceiling under paragraph (4) of section 103A( g) for the
State in which such program operates shall be reduced by 1.25
times the correction amount with respect to such failure. Such
reduction shall be applied to such State ceiling for the calendar
year following the calendar year in which the Secretary determines
the correction amount with respect to such failure.
"(2) CORRECTION AMOUNT. --
"(A) IN GENERAL. -- For purposes of paragraph (1), the term
'correction amount' means an amount equal to the excess credit
amount divided by 0.20.
"(B) EXCESS CREDIT AMOUNT. --
"(i) IN GENERAL. -- For purposes of subparagraph (A(ii), the
term 'excess credit amount' means the excess of --
"(I) the credit amount for any mortgage credit certificate
program, over
"(II) the amount which would have been the credit amount for
such program had such program met the requirements of paragraph
(2) of subsection (d).
"(ii) CREDIT AMOUNT. -- For purposes of clause (i), the term
'credit amount' means the sum of the products determined under
clauses (i) and (ii) of subsection (d)(2)(A).
"(3) SPECIAL RULE FOR STATES HAVING CONSTITUTIONAL HOME RULE
CITIES. -- In the case of a State having one or more
constitutional home rule cities (within the meaning of section
103A(g)(5)(C)), the reduction in the State ceiling by reason of
paragraph (1) shall be allocated to the consitutional home rule
city, or to the portion of the State not within such city,
whichever caused the reduction.
"(4) EXCEPTION WHERE CERTIFICATION PROGRAM. -- The provisions
of this subsection shall not apply in any case in which there is a
certification program which is designed to insure that the
requirements of this section are met and which meets such
requirements as the Secretary may by regulations prescribe.
"(5) WAIVER. -- The Secretary may waive the application of
paragraph (1) in any case in which he determines that the failure
is due to reasonable cause.
"(g) REPORTING REQUIREMENTS. -- Each person who makes a loan which is
a certified indebtedness amount under any mortgage credit certificate
shall file a report with the Secretary containing --
"(1) the name, address, and social security account number of
the individual to which the certificate was issued,
"(2) the certificate's issuer, date of issue, certified
indebtedness amount, and certificate credit rate, and
"(3) such other information as the Secretary may require by
regulations.
Each person who issues a mortgage credit certificate shall file a
report showing such information as the Secretary shall by regulations
prescribe. Any such report shall be filed at such time and in such
manner as the Secretary may require by regulations.
"(h) TERMINATION. -- No election may be made under subsection (c)(
2)(A)(ii) for any calendar year after 1987.
"(i) REGULATIONS; CONTRACTS. --
"(1) REGULATIONS. -- The Secretary shall prescribe such
regulations as may be necessary to carry out the purposes of this
section, including regulations which may require recipients of
mortgage credit certificates to pay a reasonable processing fee to
defray the expenses incurred in administering the program.
"(2) CONTRACTS. -- The Secretary is authorized to enter into
contracts with any person to provide services in connection with
the administration of this section."
(b) APPLICATION WITH SECTION 103A. -- Subsection (g) of section 103A
(relating to limitation on aggregate amount of qualified mortgage bonds
issued during any calendar year) is amended by adding at the end thereof
the following new paragraph:
"(8) REDUCTION FOR MORTGAGE CREDIT CERTIFICATES. -- The
applicable limit of any issuing authority for any calendar year
shall be reduced by the sum of --
"(A) the amount of qualified mortgage bonds which such
authority elects not to issue under section 25(c)(2)(A)(ii) during
such year, plus
"(B) the amount of any reduction in such ceiling under section
25(f) applicable to such authority for such year."
(c) DISALLOWANCE OF PORTION OF DEDUCTION FOR INTEREST WHERE CREDIT
TAKEN. -- Section 163 (relating to deduction for interest) is amended by
redesignating subsection (g) as subsection (h) and by inserting after
subsection (f) the following new subsection:
"(g) REDUCTION OF DEDUCTION WHERE SECTION 25 CREDIT TAKEN. -- The
amount of the deduction under this section for interest paid or accrued
during any taxable year on indebtedness with respect to which a mortgage
credit certificate has been issued under section 25 shall be reduced by
the amount of the credit allowable with respect to such interest under
section 25 (determined without regard to section 26)."
(d) CIVIL PENALTIES. --
(1) Subchapter B of chapter 68 (relating to assessable
penalties) is amended by adding at the end thereof the following
new section:
"SEC. 6708. PENALTIES WITH RESPECT TO MORTGAGE CREDIT CERTIFICATES.
"(a) NEGLIGENCE. -- If --
"(1) any person makes a material misstatement in any verified
written statement made under penalties of perjury with respect to
the issuance of a mortgage credit certificate, and
"(2) such misstatement is due to the negligence of such person,
such person shall pay a penalty of $1,000 for each mortgage credit
certificate with respect to which such a misstatement was made.
"(b) FRAUD. -- If a misstatement described in subsection (a)(1) is
due to fraud on the part of the person making such misstatement, in
addition to any criminal penalty, such person shall pay a penalty of
$10,000 for each mortgage credit certificate with respect to which such
a misstatement is made.
"(c) REPORTS. -- Any person required by section 25(g) to file a
report with the Secretary who fails to file the report with respect to
any mortgage credit certificate at the time and in the manner required
by the Secretary shall pay a penalty of $200 for such failure unless it
is shown that such failure is due to reasonable cause and not to willful
neglect. In the case of any report required under the second sentence
of section 25(g), the aggregate amount of the penalty imposed by the
preceding sentence shall not exceed $2,000.
"(d) MORTGAGE CREDIT CERTIFICATE. -- The term 'mortgage credit
certificate' has the meaning given to such term by section 25(c)."
(2) The table of sections for subchapter B of chapter 68 is
amended by adding at the end thereof the following new item:
"Sec. 6708. Penalties with respect to mortgage credit
certificates."
(e) TECHNICAL AMENDMENTS. --
(1) Section 28(d)(2), 29(b)(5), 30 (g)(1)(A), 38(c)(2), and
901(a), as amended by this Act, are each amended by striking out
"section 25(b)" and inserting in lieu thereof "section 26(b)".
(2) Section 23(b)(5), as amended by this Act, is amended by
striking out "section 25(a)" and inserting in lieu thereof
"section 26(a)" and by striking out "(other than this section)"
and inserting in lieu thereof "(other than this section and
section 25)".
(3) Paragraph (3) of section 55(c) is amended --
(A) by striking out "25" each place it appears and inserting in
lieu thereof "26", and
(B) by striking out "section 23, 30, or 38" and inserting in
lieu thereof "section 23, 25, 30, or 38".
(4) Clause (iii) of section 168(i)(1)(D), as added by section
208(a) of the Tax Equity and Fiscal Responsibility Act of 1982 and
amended by this Act, is amended by striking out "section 25(
b)(2)" and inserting in lieu thereof "section 26(b)(2)".
(5) Clause (iii) of section 168(i)(1)(D), as added by section
209(b) of the Tax Equity and Fiscal Responsibility Act of 1982 and
amended by this Act, is amended by striking out "section 25(
b)(2)" and inserting in lieu thereof "section 26(b)(2)".
(f) CONFORMING AMENDMENT. -- The table of sections for subpart A of
part IV of subchapter A of chapter 1 is amended by striking out the item
relating to section 25 and inserting in lieu thereof the following:
"Sec. 25. Interest on certain home mortgages.
"Sec. 26. Limitation based on tax liability; definition of
tax liability."
(g) EFFECTIVE DATE. --
(1) IN GENERAL. -- Except as otherwise provided in this
subsection, the amendments made by this section shall apply to
interest paid or accrued after December 31, 1984, on indebtedness
incurred after December 31, 1984.
(2) ELECTIONS. -- The amendments made by this section shall
apply to elections under section 25(c)(2)(A)(ii) of the Internal
Revenue Code of 1954 (as added by this section) for calendar years
after 1983.
SEC. 613. AUTHORITY TO BORROW FROM FEDERAL FINANCING BANK.
(a) GENERAL RULE. -- Upon application by the appropriate State
Housing Agency of Oregon, the Federal Financing Bank shall make
qualified cash flow loans to such Agency. Such loans shall bear
interest at a rate equal to the average rate on the applicable mortgage
bonds with respect to which such loans were made.
(b) QUALIFIED CASH FLOW LOANS. -- For purposes of this section, the
term "qualified cash flow loan" means any loan with respect to an
applicable mortgage bond reasonably necessary to cover any excess
determined under subsection (c)(2) on the basis of actual payments. The
aggregate amount of such loans which may be outstanding at any 1 time
shall not exceed $300,000,000.
(c) APPLICABLE MORTGAGE BONDS. -- For purposes of this section, the
term "applicable mortgage bond" means any qualified veterans' mortgage
bond issued as part of an issue --
(1) which was outstanding on December 5, 1980,
(2) with respect to which the excess of --
(A) the projected aggregate payments of principal on the
applicable mortgage bonds during the 15-fiscal year period
beginning with fiscal year 1984, over
(B) the projected aggregate payments during such period of
principal on mortgages financed by the applicable mortgage bonds,
exceeds 12 percent of the aggregate principal amount of such
bonds outstanding on July 1, 1983,
(3) with respect to which the amount of the average annual
prepayments during fiscal years 1981, 1982, and 1983 was less than
2 percent of the average of the loan balances as of the beginning
of each of such fiscal years, and
(4) which, for fiscal year 1983, had a prepayment experience
rate that did not exceed 20 percent of the prepayment experience
rate of the Federal Housing Administration in the State or region
in which the issuer is located.
(d) DEFINITIONS. --
(1) ASSUMPTIONS USED IN MAKING PROJECTION. -- The computation
under subsection (c)(2) shall be made by using the following
percentage of the prepayment experience of the Federal Housing
Administration in the State or region in which the issuer of the
applicable mortgage bonds is located:
(2) QUALIFIED VETERANS' MORTGAGE BONDS. -- The term "qualified
veterans' mortgage bonds" has the meaning given to such term by
section 103A(c)(3) of the Internal Revenue Code of 1954.
SEC. 614. ELIMINATION OF CERTAIN EXCEPTIONS TO THE APPLICATION OF
THE MORTGAGE SUBSIDY BOND TAX ACT OF 1980.
Section 1104 of the Mortgage Subsidy Bond Tax Act of 1980 is amended
by adding at the end thereof the following new subsections:
"(p) MOST EXCEPTIONS NOT TO APPLY TO BONDS ISSUED AFTER DECEMBER 31,
1984. -- In addition to any obligations to which the amendments made by
section 1102 apply by reason of the provisions of this section, the
amendments made by section 1102 shall apply, notwithstanding any other
provision of this section (other than subsection (n)), to obligations
issued after December 31, 1984, all or a major portion of the proceeds
of which are used to finance new mortgages on single-family residences
that are owner occupied.
"(q) REDUCTION OF STATE CEILING BY AMOUNT OF SPECIAL MORTGAGE BONDS
ISSUED BEFORE 1985. --
"(1) IN GENERAL. -- Notwithstanding any other provision of this
section (other than subsections (n) and (r)), any obligation --
"(A) which is part of an issue all or a major portion of the
proceeds of which are used to finance new mortgages in
single-family residences that are owner occupied,
"(B) which were issued by issuing authorities in such State
after June 15, 1984, and before January 1, 1985, and
"(C) to which the amendments made by section 1102 do not apply
by reason of any provision of this section other than subsection
(n),
shall, for purposes of applying the Internal Revenue Code of
1954, be treated as an obligation which is not described in
section 103(a) of such Code if the aggregate face amount of such
issue exceeds the portion of the State ceiling that is allocated
by the State to such issue prior to the date of issuance of such
issue.
"(2) APPLICATION OF SECTION 103A(g). -- For purposes of
applying section 103A(g) of such Code, the State ceiling for
calendar year 1984 shall be reduced by the aggregate amount
allocated by the State to any issues described in paragraph (1).
"(3) STATE CEILING. -- For purposes of this subsection, the
term 'State ceiling' has the meaning given to such term by section
103A(g)(4) of the Internal Revenue Code of 1954.
"(r) EXCEPTIONS TO SUBSECTION (q). -- Subsection (q) shall not apply
with respect to --
"(1) obligations --
"(A) the proceeds of which are used to finance the River Place
Project located in Minneapolis, Minnesota, and
"(B) the aggregate face amount of which does not exceed
$55,000,000, or
"(2) obligations --
"(A) the proceeds of which are used to finance the Waseca,
Minnesota project, and
"(B) the aggregate face amount of which does not exceed
$7,800,000."
SEC. 621. LIMITATION ON AGGREGATE AMOUNT OF PRIVATE ACTIVITY BONDS.
Section 103 (relating to interest on certain governmental
obligations) is amended by redesignating subsection (n) as subsection
(o) and by inserting after subsection (m) the following new subsection:
"(n) LIMITATION ON AGGREGATE AMOUNT OF PRIVATE ACTIVITY BONDS ISSUED
DURING ANY CALENDAR YEAR. --
"(1) IN GENERAL. -- A private activity bond issued as part of
an issue shall be treated as an obligation not described in
subsection (a) if the aggregate amount of private activity bonds
issued pursuant to such issue, when added to the aggregate amount
of private activity bonds previously issued by the issuing
authority during the calendar year, exceeds such authority's
private activity bond limit for such calendar year.
"(2) PRIVATE ACTIVITY BOND LIMIT FOR STATE AGENCIES. -- For
purposes of this subsection --
"(A) IN GENERAL. -- The private activity bond limit for any
agency of the State authorized to issue private activity bonds for
any calendar year shall be 50 percent of the State ceiling for
such calendar year.
"(B) SPECIAL RULE WHERE STATE HAS MORE THAN 1 AGENCY. -- If
more than 1 agency of the State is authorized to issue private
activity bonds, all such agencies shall be treated as a single
agency.
"(3) PRIVATE ACTIVITY BOND LIMIT FOR OTHER ISSUERS. -- For
purposes of this subsection --
"(A) IN GENERAL. -- The private activity bond limit for any
issuing authority (other than a State agency) for any calendar
year shall be an amount which bears the same ratio to 50 percent
of the State ceiling for such calendar year as --
"(i) the population of the jurisdiction of such issuing
authority, bears to
"(ii) the population for the entire State.
"(B) OVERLAPPING JURISDICTIONS. -- For purposes of subparagraph
(A)(i), the rules of section 103A(g)(3)(B) shall apply.
"(4) STATE CEILING. -- For purposes of this subsection --
"(A) IN GENERAL. -- The State ceiling applicable to any State
for any calendar year shall be the greater of
"(i) an amount equal to $150 multiplied by the State's
population, or
"(ii) $200,000,000.
"(B) PHASE IN OF LIMITATION WHERE AMOUNT OF 1983 PRIVATE
ACTIVITY BONDS EXCEEDS THE CEILING. --
"(i) IN GENERAL. -- In the case of any State which has an
excess bond amount for 1983, the State ceiling for calendar year
1984 shall be the sum of the State ceiling determined under
subparagraph (A) plus 50 percent of the excess bond amount for
1983.
"(ii) EXCESS BOND AMOUNT FOR 1983. -- For purposes of clause
(i), the excess bond amount for 1983 in any State is the excess
(if any) of --
"(I) the aggregate amount of private activity bonds issued by
issuing authorities in such State during the first 9 months of
calendar year 1983 multiplied by 4/3, over
"(II) the State ceiling determined under subparagraph (A) for
calendar year 1984.
"(C) ADJUSTMENT OF CEILING TO REFLECT PARTIAL TERMINATION OF
SMALL ISSUE EXEMPTION. -- In the case of calendar years after
1986, subparagraph (A) shall be applied by substituting '$100' for
'$150'.
"(5) SPECIAL RULE FOR STATES WITH CONSTITUTIONAL HOME RULE
CITIES. -- In the case of any State with 1 or more constitutional
home rule cities (as defined in section 103A(g)(5)(C)), the rules
of paragraph (5) of section 103A(g) shall apply for purposes of
this subsection.
"(6) STATE MAY PROVIDE FOR DIFFERENT ALLOCATION. --
"(A) IN GENERAL. -- A State may, by law provide a different
formula for allocating the State ceiling among the governmental
units in such State having authority to issue private activity
bonds.
"(B) INTERIM AUTHORITY FOR GOVERNOR. --
"(i) IN GENERAL. -- The Governor of any State may proclaim a
different formula for allocating the State ceiling among the
governmental units in such State having authority to issue private
activity bonds.
"(ii) TERMINATION OF AUTHORITY. -- The authority provided in
clause (i) shall not apply after the earlier of --
"(I) the first day of the first calendar year beginning after
the legislature has met in regular session for more than 60 days
after the date of the enactment of this paragraph, or
"(II) the effective date of any State legislation with respect
to the allocation of the State ceiling.
"(C) STATE MAY NOT ALTER ALLOCATION TO CONSTITUTIONAL HOME RULE
CITIES. -- The rules of paragraph (6)(C) of section 103A(g) shall
apply for purposes of this paragraph.
"(7) PRIVATE ACTIVITY BOND. -- For purposes of this subsection
--
"(A) IN GENERAL. -- Except as otherwise provided in the
paragraph, the term 'private activity bond' means any obligation
the interest on which is exempt from tax under subsection (a) and
which is --
"(i) an industrial development bond, or
"(ii) a student loan bond.
"(B) EXCEPTION FOR MULTIFAMILY HOUSING. -- The term 'private
activity bond' shall not include any obligation described in
subsection (b)(4)(A) nor any housing program obligation under
section 11(b) of the United States Housing Act of 1937.
"(C) EXCEPTION FOR CERTAIN FACILITIES DESCRIBED IN SECTION
103(b) (4) (C) or (D). --
"(i) IN GENERAL. -- The term 'private activity bond' shall not
include any obligation described in subparagraph (C) or (D) of
subsection (b)(4), but only if the property described in such
subparagraph is owned by or on behalf of a governmental unit.
"(ii) EXCEPTION NOT TO APPLY TO CERTAIN PARKING FACILITIES. --
For purposes of clause (i), subparagraph (D) of subsection (b)(4)
shall be applied as if it did not contain the phrase 'parking
facilities'.
"(iii) DETERMINATION OF WHETHER PROPERTY OWNED BY GOVERNMENTAL
UNIT. -- For purposes of clause (i), property shall not be treated
as not owned by a governmental unit solely by reason of the length
of the lease to which it is subject if the lessee makes an
irrevocable election (binding on the lessee and all successors in
interest under the lease) not to claim depreciation or an
investment credit with respect to such property.
"(iv) RESTRICTION WHERE SIGNIFICANT FRONT END LOADING. -- Under
regulations prescribed by the Secretary, clause (i) shall not
apply in any case where the property is leased under a lease which
has significant front end loading of rental accruals or payments.
"(D) REFUNDING ISSUES. -- The term 'private activity bond'
shall not include any obligation which is issued to refund another
obligation to the extent that the amount of such obligation does
not exceed the amount of the refunded obligation. In the case of
any student loan bond, the preceding sentence shall apply only if
the maturity date of the refunding obligation is not later than
the later of --
"(i) the maturity of the obligation to be refunded, or
"(ii) the date 17 years after the date on which the refunded
obligation was issued (or in the case of a series of refundings,
the date on which the original obligation was issued).
"(8) STUDENT LOAN BONDS. -- For purposes of this subsection,
the term 'student loan bond' means an obligation which is issued
as part of an issue all or a major portion of the proceeds of
which are to be used directly or indirectly to finance loans to
individuals for educational expenses.
"(9) POPULATION. -- For purposes of this subsection,
determinations of the population of any State (or issuing
authority) shall be made with respect to any calendar year on the
basis of the most recent census estimate of the resident
population of such State (or issuing authority) published by the
Bureau of the Census before the beginning of such calendar year.
"(10) ELECTIVE CARRYFORWARD OF UNUSED LIMITATION FOR SPECIFIED
PROJECT. --
"(A) IN GENERAL. -- If --
"(i) an issuing authority's private activity bond limit for any
calendar year after 1983, exceeds
"(ii) the aggregate amount of private activity bonds issued
during such calendar year by such authority,
such authority may elect to treat all (or any portion) of such
excess as a carryforward for 1 or more carryforward projects.
"(B) ELECTION MUST SPECIFY PROJECT. -- In any election under
subparagraph (A), the issuing authority shall --
"(i) specify the project (or projects) for which the
carryforward is elected, and
"(ii) specify the portion of the excess described in
subparagraph (A) which is to be a carryforward for each such
project.
"(C) USE OF CARRYFORWARD. --
"(i) IN GENERAL. -- If any issuing authority elects a
carryforward under subparagraph (A) with respect to any
carryforward project, any private activity bonds issued by such
authority with respect to such project during the 3 calendar years
(or, in the case of a project described in subsection (b)( 4)(F),
6 calendar years) following the calendar year in which the
carryforward arose shall not be taken into account under paragraph
(1) to the extent the amount of such bonds do not exceed the
amount of the carryforward elected for such project.
"(ii) ORDER IN WHICH CARRYFORWARD USED. -- Carryforwards
elected with respect to any project shall be used in the order of
the calendar years in which they arose.
"(D) ELECTION. -- Any election made under this paragraph shall
be made at such time and in such manner as the Secretary shall by
regulations prescribe. Any such election (and any specification
contained therein), once made, shall be irrevocable.
"(E) CARRYFORWARD PROJECT. -- The purposes of this paragraph,
the term 'carryforward project' means --
"(i) any project described in paragraph (4) or (5) of
subsection (b), and
"(ii) the purpose of issuing student loan bonds.
"(11) TREATMENT OF QUALIFIED SCHOLARSHIP FUNDING BONDS. -- In
the case of a qualified scholarship funding bond (as defined in
subsection (e)), such bond shall be treated for purposes of this
subsection as issued by a State or local issuing authority
(whichever is appropriate).
"(12) CERTIFICATION OF NO CONSIDERATION FOR ALLOCATION. --
"(A) IN GENERAL. -- Any private activity bond allocated any
portion of the State limit shall not be exempt from tax under
subsection (a) unless the public official if any responsible for
such allocation certifies under penalty of perjury that the
allocation was not made in consideration of any bribe, gift,
gratuity, or direct or indirect contribution to any political
campaign.
"(B) ANY CRIMINAL PENALTY MADE APPLICABLE. -- Any person
willfully making an allocation described in subparagraph (A) in
consideration of any bribe, gift, gratuity, or direct or indirect
contribution to any political campaign shall be subject to
criminal penalty to the same extent as if such allocation were a
willful attempt to evade tax imposed by this title."
SEC. 622. TAX EXEMPTION DENIED WHERE OBLIGATION DIRECTLY OR
INDIRECTLY GUARANTEED BY FEDERAL GOVERNMENT.
Subsection (h) of section 103 (relating to certain obligations which
must not be guaranteed or subsidized under a energy program) is amended
to read as follows:
"(h) OBLIGATION MUST NOT BE GUARANTEED, ETC. --
"(1) IN GENERAL. -- An obligation shall not be treated as an
obligation described in subsection (a) if such obligation is
federally guaranteed.
"(2) FEDERALLY GUARANTEED DEFINED. -- For purposes of paragraph
(1), an obligation is federally guaranteed if --
"(A) the payment of principal or interest with respect to such
obligation is guaranteed (in whole or in part) by the United
States (or any agency or instrumentality thereof),
"(B) such obligation is issued as part of an issue and a
significant portion of the proceeds of such issue are to be --
"(i) used in making loans the payment of principal or interest
with respect to which are to be guaranteed (in whole or in part)
by the United States (or any agency or instrumentality thereof),
or
"(ii) invested (directly or indirectly) in federally insured
deposits or accounts, or
"(C) the payment of principal or interest on such obligation is
otherwise indirectly guaranteed (in whole or in part by the United
States (or an agency or instrumentality thereof).
"(3) EXCEPTIONS. --
"(A) CERTAIN INSURANCE PROGRAMS. -- An obligation shall not be
treated as federally guaranteed by reason of --
"(i) any guarantee by the Federal Housing Administration, the
Veterans' Administration, the Federal National Mortgage
Association, the Federal Home Loan Mortgage Corporation, or the
Government National Mortgage Association,
"(ii) any guarantee of student loans and any guarantee by the
Student Loan Marketing Association to finance student loans,
"(iii) any guarantee by the Small Business Administration with
respect to qualified contracts for pollution control facilities
(within the meaning of section 404(a) of the Small Business
Investment Act of 1958, as in effect on the date of the enactment
of the Tax Reform Act of 1984) if --
"(I) the Administrator of the Small Business Administration
charges a fee for making such guarantee, and
"(II) the amount of such fee equals or exceeds 1 percent of the
amount guaranteed, or
"(iv) any guarantee by the Bonneville Power Authority pursuant
to the Northwest Power Act (16 U.S.C. 839d) as in effect on the
date of the enactment of the Tax Reform Act of 1984 with respect
to any obligation issued before July 1, 1989.
"(B) DEBT SERVICE, ETC. -- Paragraph (1) shall not apply to --
"(i) proceeds of the issue invested for an initial temporary
period until such proceeds are needed for the purpose for which
such issue was issued,
"(ii) investments of a bona fide debt service fund,
"(iii) investments of a reserve which meet the requirements of
subsection (c)(4)(B),
"(iv) investments in obligations issued by the United States
Treasury, or
"(v) other investments permitted under regulations.
"(C) EXCEPTION FOR HOUSING PROGRAMS. --
"(i) IN GENERAL. -- Except as provided in clause (ii),
paragraph (1) shall not apply to --
"(I) an obligation described in subsection (b)(4)(A) or a
housing program obligation under section 11(b) of the United
States Housing Act of 1937,
"(II) a qualified mortgage bond (as defined in section 103A(
c)(1)), or
"(III) a qualified veterans' mortgage bond (as defined in
section 103A(c)(3)).
"(ii) EXCEPTION NOT TO APPLY WHERE OBLIGATION INVESTED IN
FEDERALLY INSURED DEPOSITS OR ACCOUNTS. -- Clause (i) shall not
apply to any obligation which is federally guaranteed within the
meaning of paragraph (2)(B)(ii).
"(D) LOANS TO, OR GUARANTEES BY, FINANCIAL INSTITUTIONS. --
Except as provided in paragraph (2)(B)(ii), an obligation which is
issued as part of an issue shall not be treated as federally
guaranteed merely by reason of the fact that the proceeds of such
issue are used in making loans to a financial institutional or
there is a guarantee by a financial institution.
"(4) DEFINITIONS. -- For purposes of this subsection --
"(A) TREATMENT OF CERTAIN ENTITIES WITH AUTHORITY TO BORROW
FROM UNITED STATES. -- To the extent provided in regulations
prescribed by the Secretary, any entity with statutory authority
to borrow from the United States shall be treated as an
instrumentality of the United States. Except in the case of a
private activity bond (as defined in subsection (n)(7)), nothing
in the preceding sentence shall be construed as treating the
District of Columbia or any possession of the United States as an
instrumentality of the United States.
"(B) FEDERALLY INSURED DEPOSIT OR ACCOUNT. -- The term
'federally insured deposit or account' means any deposit or
account in a financial institution to the extent such deposit or
account is insured under Federal law by the Federal Deposit
Insurance Corporation, the Federal Savings and Loan Insurance
Corporation, the National Credit Union Administration, or any
similar federally chartered corporation.
"(5) CERTAIN OBLIGATIONS SUBSIDIZED UNDER ENERGY PROGRAM. --
"(A) IN GENERAL. -- An obligation to which this paragraph
applies shall be treated as an obligation not described in
subsection (a) if the payment of the principal or interest with
respect to such obligation is to be made (in whole or in part)
under a program of the United States, a State, or a political
subdivision of a State the principal purpose of which is to
encourage the production or conservation of energy.
"(B) OBLIGATIONS TO WHICH PARAGRAPH APPLIES. -- This paragraph
shall apply to any obligations to which paragraph (1) of
subsection (b) does not apply by reason of --
"(i) subsection (b)(4)(H) (relating to qualified hydroelectric
generating facilities), or
"(ii) subsection (g) (relating to qualified steam-generating or
alcohol-producing facilities)."
SEC. 623. AGGREGATE LIMIT PER TAXPAYER FOR SMALL ISSUE EXCEPTION.
Subsection (b) of section 103 (relating to industrial development
bonds) is amended by adding at the end thereof the following new
paragraph:
"(15) AGGREGATE LIMIT PER TAXPAYER FOR SMALL ISSUE EXCEPTION.
--
"(A) IN GENERAL. -- Paragraph (6) of this subsection shall not
apply to any issue if the aggregate authorized face amount of such
issue allocated to any test-period beneficiary (when increased by
the outstanding tax-exempt IDB's of such beneficiary) exceeds
$40,000,000.
"(B) OUTSTANDING TAX-EXEMPT IDB'S OF ANY PERSON. -- For
purposes of applying subparagraph (A) with respect to any issue,
the outstanding tax-exempt IDB's of any person who is a
test-period beneficiary with respect to such issue is the
aggregate face amount of all industrial development bonds the
interest on which is exempt from tax under subsection (a) --
"(i) which are allocated to such beneficiary, and
"(ii) which are outstanding at the time of such later issue
(not including as outstanding any obligation which is to be
redeemed from the proceeds of the later issue).
"(C) ALLOCATION OF FACE AMOUNT OF AN ISSUE. --
"(i) IN GENERAL. -- Except as otherwise provided in
regulations, the portion of the face amount of an issue allocated
to any test-period beneficiary of a facility financed by the
proceeds of such issue (other than an owner of such facility) is
an amount which bears the same relationship to the entire face
amount of such issue as the portion of such facility used by such
beneficiary bears to the entire family.
"(ii) OWNERS. -- Except as otherwise provided in regulations,
the portion of the face amount of an issue allocated to any
test-period beneficiary who is an owner of a facility financed by
the proceeds of such issue is an amount which bears the same
relationship to the entire face amount of such issue as the
portion of such facility owned by such beneficiary bears to the
entire facility.
"(D) TEST-PERIOD BENEFICIARY. -- For purposes of this
paragraph, except as provided in regulations, the term
'test-period beneficiary' means any person who was an owner or a
principal user of facilities being financed by the issue at any
time during the 3-year period beginning on the later of --
"(i) the date such facilities were placed in service, or
"(ii) the date of the issue.
"(e) TREATMENT OF RELATED PERSONS. -- For purposes of this
paragraph, all persons who are related (within the meaning of
paragraph (6)(C)) to each other shall be treated as one person."
SEC. 624. ARBITRAGE ON NONPURPOSE OBLIGATIONS.
(a) IN GENERAL. -- Subsection (c) of section 103 (relating to
arbitrage bonds) is amended by redesignating paragraph (6) as paragraph
(7) and inserting after paragraph (5) the following new paragraph:
"(6) INVESTMENTS IN NONPURPOSE OBLIGATIONS. --
"(A) IN GENERAL. -- For purposes of this title any obligation
which is part of an issue of industrial development bonds which
does not meet the requirements of subparagraphs (C) and (D) shall
be treated as an obligation which is not described in subsection
(a).
"(B) EXCEPTIONS. -- Subparagraph (A) shall not apply to any
obligation described in subsection (b)(4)(A) or to any housing
program obligation under section 11(b) of the Housing Act of 1937.
"(C) LIMITATION ON INVESTMENT IN NONPURPOSE OBLIGATIONS. --
"(i) IN GENERAL. -- An issue meets the requirements of this
subparagraph only if --
"(I) at no time during any bond year, the amount invested in
nonpurpose obligations with a yield higher than the yield on the
issue exceeds 150 percent of the debt service on the issue for the
bond year, and
"(II) the aggregate amount invested as provided in subclause
(I) is promptly and appropriately reduced as the amount of
outstanding obligations of the issue is reduced.
"(ii) EXCEPTION FOR TEMPORARY PERIODS. -- Clause (i) shall not
apply to --
"(I) proceeds of the issue invested for an initial temporary
period until such proceeds are needed for the governmental purpose
of the issue, and
"(II) temporary investment periods related to debt service.
"(iii) DEBT SERVICE DEFINED. -- For purposes of this
subparagraph, the debt service on the issue for any bond year is
the scheduled amount of interest and amortization of principal
payable for such year with respect to such issue. For purposes of
the preceding sentence, there shall not be taken into account
amounts scheduled with respect to any bond which has been retired
before the beginning of the bond year.
"(iv) NO DISPOSITION IN CASE OF LOSS. -- This subparagraph
shall not require the sale or disposition of any investment if
such sale or disposition would result in a loss which exceeds the
amount which would be paid to the United States (but for such sale
or disposition) at the time of such sale or disposition.
"(D) REBATE TO UNITED STATES. -- An issue shall be treated as
meeting the requirements of this subparagraph only if an amount
equal to the sum of --
"(i) the excess of --
"(I) the aggregate amount earned on all nonpurpose obligations
(other than investments attributable to an excess described in
this clause), over
"(II) the amount which would have been earned if all nonpurpose
obligations were invested at a rate equal to the yield on the
issue, plus
"(ii) any income attributable to the excess described in clause
(i),
is paid to the United States by the issuer in accordance with
the requirements of subparagraph (E).
"(E) DUE DATE OF PAYMENTS UNDER SUBPARAGRAPH (D). -- The amount
which is required to be paid to the United States by the issuer
shall be paid in installments which are made at least once every 5
years. Each installment shall be in an amount which insures that
90 percent of the amount described in subparagraph (D) with
respect to the issue at the time payment of such installment is
required will have been paid to the United States. The last
installment shall be made no later than 30 days after the day on
which the last obligation of the issue is redeemed and shall be in
an amount sufficient to pay the remaining balance of the amount
described in subparagraph (D) with respect to such issue.
"(F) SPECIAL RULES FOR APPLYING SUBPARAGRAPH (D). --
"(i) IN GENERAL. -- In determining the aggregate amount earned
on nonpurpose obligations for purposes of subparagraph (D) --
"(I) any gain or loss on the disposition of a nonpurpose
obligation shall be taken into account, and
"(II) unless the issuer otherwise elects, any amount earned on
a bona fide debt service fund shall not be taken into account if
the gross earnings on such fund for the bond year is less than
$100,000.
"(ii) TEMPORARY INVESTMENTS. -- Under regulations prescribed by
the Secretary, an issue shall, for purposes of this paragraph, be
treated as meeting the requirements of subparagraph (D) if the
gross proceeds of such issue are expended for the governmental
purpose for which the bond was issued by no later than the day
which is 6 months after the date of issuance of such issue. Gross
proceeds which are held in a bona fide debt service fund shall not
be considered gross proceeds for purposes of this clause only.
"(G) EXEMPTION FROM GROSS INCOME OF SUM REBATED. -- Gross
income does not include the sum described in subparagraph (D).
Notwithstanding any other provision of this title, no deduction
shall be allowed for any amount paid to the United States under
subparagraph (D).
"(H) DEFINITIONS. -- For purposes of this paragraph --
"(i) NONPURPOSE OBLIGATIONS. -- The term 'nonpurpose
obligation' means any security (within the meaning of subparagraph
(A) or (B) of section 165(g)(2)) or any obligation not described
in subsection (a) which --
"(I) is acquired with the gross proceeds of an issue, and
"(II) is not acquired in order to carry out the governmental
purpose of the issue.
"(ii) GROSS PROCEEDS. -- The gross proceeds of an issue include
--
"(I) amounts received (including repayments of principal) as a
result of investing the original proceeds of the issue, and
"(II) amounts used to pay debt service on the issue.
"(iii) YIELD. -- The yield on the issue shall be determined on
the basis of the issue price (within the meaning of section 1273
or 1274)."
(b) CONFORMING AMENDMENTS. --
(1) Paragraph (1) of section 103A(i) (relating to arbitrage) is
amended by striking out "section 103(c)" and inserting in lieu
thereof "section 103(c) (other than section 103(c)(6))".
(2) Subsection (c) of section 103 is amended by striking out
"Bonds" in the heading.
(3) Paragraph (1) of section 103(c) is amended by inserting "to
arbitrage bonds" in the heading.
(c) EFFECTIVE DATE. --
(1) IN GENERAL. -- Except as otherwise provided in this
subsection, the amendments made by this section shall apply with
respect to bonds issued after December 31, 1984.
(2) EXCEPTION. -- The amendments made by this section shall not
apply to obligations issued by the Essex County Port Authority of
New York and New Jersey as part of an issue approved by Essex
County, New Jersey, on July 7, 1981, and approved by the State of
New Jersey on December 31, 1981. The aggregate face amount of
bonds to which this paragraph applies shall not exceed
$350,000,000.
SEC. 625. STUDENT LOAN BONDS.
(a) ARBITRAGE REGULATIONS. --
(1) IN GENERAL. -- The Secretary shall prescribe regulations
which specify the circumstances under which a qualified student
loan bond shall be treated as an arbitrage bond for purposes of
section 103 of the Internal Revenue Code of 1954. Such
regulations may provide that --
(A) paragraphs (4) and (5) of section 103(c) of such Code shall
not apply, and
(B) rules similar to section 103(c)(6) shall apply,
to qualified student loan bonds.
(2) DEFINITIONS. -- For purposes of this subsection --
(A) QUALIFIED STUDENT LOAN BOND. -- The term 'qualified student
loan bond' has the meaning given to such term by section 103(o)(3)
of the Internal Revenue Code of 1954 (as amended by this Act).
(B) ARBITRAGE BOND. -- The term "arbitrage bond" has the
meaning given to such term by section 103(c)(2).
(3) EFFECTIVE DATE. --
(A) IN GENERAL. -- Except as otherwise provided in this
paragraph, any regulations prescribed by the Secretary under
paragraph (1) shall apply to obligations issued after the
qualified date.
(B) QUALIFIED DATE. --
(i) IN GENERAL. -- For purposes of this paragraph, the term
"qualified date" means the earlier of --
(I) the date on which the Higher Education Act of 1965 expires,
or
(II) the date, after the date of enactment of this Act, on
which the Higher Education Act of 1965 is reauthorized.
(ii) PUBLICATION OF REGULATIONS. -- Notwithstanding clause (i),
the qualified date shall not be a date which is prior to the date
that is 6 months after the date on which the regulations
prescribed under paragraph (1) are published in the Federal
Register.
(C) REFUNDING OBLIGATIONS. -- Regulations prescribed by the
Secretary under paragraph (1) shall not apply to any obligation
issued exclusively to refund any qualified student loan bond which
was issued before the qualified date, except that the requirements
of subparagraphs (A) and (B) of section 626(b)(4) of this Act must
be met with respect to such refunding.
(D) FULFILLMENT OF COMMITMENTS. -- Regulations prescribed by
the Secretary under paragraph (1) shall not apply to any
obligations which are needed to fulfill written commitments to
acquire or finance student loans which are originated after June
30, 1984, and before the qualified date, but only if --
(i) such commitments are binding on the qualified date, and
(ii) the amount of such commitments is consistent with
practices of the issuer which were in effect on March 15, 1984,
with respect to establishing secondary markets for student loans.
(b) ARBITRAGE LIMITATION ON STUDENT LOAN BONDS WHICH ARE NOT
QUALIFIED STUDENT LOAN BONDS. -- Under regulations prescribed by the
Secretary of the Treasury or his delegate, any student loan bond (other
than a qualified student loan bond) issued after December 31, 1985,
shall be treated as an obligation not described in subsection (a) (1) or
(2) of section 103 of the Internal Revenue Code of 1954 unless the issue
of which such obligation is a part meets requirements similar to those
of sections 103(c)(6) and 103A(i) of such Code.
(c) ISSUANCE OF STUDENT LOAN BONDS WHICH ARE NOT TAX-EXEMPT. -- Any
issuer who may issue obligations described in section 103(a) of the
Internal Revenue Code of 1954 may elect to issue student loan bonds
which are not described in such section 103(a) of such Code without
prejudice to --
(1) the status of any other obligations issued, or to be
issued, by such issuer as obligations described in section 103(a)
of such Code, or
(2) the status of the issuer as an organization exempt from
taxation under such Code.
(d) FEDERAL EXECUTIVE BRANCH JURISDICTION OVER TAX-EXEMPT STATUS. --
For purposes of Federal law, any determination by the executive branch
of the Federal Government of whether interest on any obligation is
exempt from taxation under the Internal Revenue Code of 1954 shall be
exclusively within the jurisdiction of the Department of the Treasury.
(e) STUDY ON TAX-EXEMPT STUDENT LOAN BONDS. --
(1) IN GENERAL. -- The Comptroller General of the United States
and the Director of the Congressional Budget Office, shall conduct
studies of --
(A) the appropriate role of tax-exempt bonds which are issued
in connection with the guaranteed student loan program and the
PLUS program established under the Higher Education Act of 1965,
and
(B) the appropriate arbitrage rules for such bonds.
(2) REPORT. -- The Comptroller General of the United States and
the Director of the Congressional Budget Office, shall submit to
the Committee on Finance and the Committee on Labor and Human
Resources of the Senate and the Committee on Ways and Means and
the Committee on Education and Labor of the House of
Representatives reports on the studies conducted under paragraph
(1) by no later than 9 months after the date of enactment of this
Act.
SEC. 626. DENIAL OF TAX EXEMPTION TO CONSUMER LOAN BONDS.
(a) IN GENERAL. -- Section 103 (relating to interest on certain
governmental obligations) is amended by adding at the end thereof the
following new subsection:
"(o) CONSUMER LOAN BONDS. --
"(1) DENIAL OF TAX EXEMPTION. -- For purposes of this title,
any consumer loan bond shall be treated as an obligation which is
not described in subsection (a).
"(2) CONSUMER LOAN BONDS. -- For purposes of this subsection --
"(A) IN GENERAL. -- The term 'consumer loan bond' means any
obligation which is issued as part of an issue all or a
significant portion of the proceeds of which are reasonably
expected to be used directly or indirectly to make or finance
loans (other than loans described in subparagraph (C)) to persons
who are not exempt persons (within the meaning of subsection (b)(
3)).
"(B) EXCLUDED OBLIGATIONS. -- The term 'consumer loan bond'
shall not include any --
"(i) qualified student loan bond,
"(ii) industrial development bond, or
"(iii) qualified mortgage bond or qualified veterans' mortgage
bond.
"(C) EXCLUDED LOANS. -- A loan is described in this
subparagraph if the loan --
"(i) enables the borrower to finance any governmental tax or
assessment of general application for an essential governmental
function, or
"(ii) is used to acquire or carry nonpurpose obligations
(within the meaning of subsection (c)(6)(G)(i)).
"(3) QUALIFIED STUDENT LOAN BONDS. -- For purposes of this
subsection, the term 'qualified student loan bond' means any
obligation which is issued as part of an issue all or a major
portion of the proceeds of which are reasonably expected to be
used directly or indirectly to make or finance student loans under
a program of general application to which the Higher Education Act
of 1965 applies if --
"(A) limitations are imposed under the program on --
"(i) the maximum amount of loans outstanding to any student,
and
"(ii) the maximum rate of interest payable on any loan,
"(B) the loans are directly or indirectly guaranteed by the
Federal Government,
"(C) the financing of loans under the program is not limited by
Federal law to the proceeds of obligations the interest on which
is exempt from taxation under this title, and
"(D) special allowance payments under section 438 of the Higher
Education Act of 1965 --
"(i) are authorized to be paid with respect to loans made under
the program, or
"(ii) would be authorized to be made with respect to loans
under the program if such loans were not financed with the
proceeds of obligations the interest on which is exempt from
taxation under this title.
Such term shall not include any obligation issued under a State
program which discriminates on the basis of the location (in the
United States) at which the educational institution is located."
(b) EFFECTIVE DATES. --
(1) IN GENERAL. -- Except as otherwise provided in this
subsection the amendment made by subsection (a) shall apply to
obligations issued after the date of enactment of this Act.
(2) EXCEPTIONS FOR CERTAIN STUDENT LOAN PROGRAMS. --
(A) IN GENERAL. -- The amendments made by this section shall
not apply to obligations issued by a program described in the
following table to the extent the aggregate face amount of such
obligations does not exceed the amount of allowable obligations
specified in the following table with respect to such program:
(B) PENNSYLVANIA HIGHER EDUCATION ASSISTANCE AGENCY. --
Subparagraph (A) shall apply to obligations issued by the
Pennsylvania Higher Education Assistance Agency only if such
obligations are issued solely for the purpose of refunding student
loan bonds outstanding on March 15, 1984.
(3) CERTAIN TAX-EXEMPT MORTGAGE SUBSIDY BONDS. -- For purposes
of applying section 103(o) of the Internal Revenue Code of 1954,
the term "consumer loan bond" shall not include any mortgage
subsidy bond (within the meaning of section 103A(b) of such Code)
to which the amendments made by section 1102 of the Mortgage
Subsidy Bond Tax Act of 1980 do not apply.
(4) REFUNDING EXCEPTION. -- The amendments made by this section
shall not apply to any obligation or series of obligations the
proceeds of which are used exclusively to refund obligations
issued before March 15, 1984, except that --
(A) the amount of the refunding obligations may not exceed 101
percent of the aggregate face amount of the refunded obligations,
and
(B) the maturity date of any refunding obligation may not be
later than the date which is 17 years after the date on which the
refunded obligation was issued (or, in the case of a series of
refundings, the date on which the original obligation was issued).
(5) EXCEPTION FOR CERTAIN ESTABLISHED PROGRAMS. -- The
amendments made by this section shall not apply to any obligation
substantially all of the proceeds of which are used to carry out a
program established under State law which has been in effect in
substantially the same form during the 30-year period ending on
the date of enactment of this Act, but only if such proceeds are
used to make loans or to fund similar obligations --
(A) in the same manner in which,
(B) in the same (or lesser) amount per participant, and
(C) for the same purposes for which,
such program was operated on March 15, 1984. This subparagraph
shall not apply to obligations issued on or after March 15, 1987.
(6) CERTAIN BONDS FOR RENEWABLE ENERGY PROPERTY. The
amendments made by this section shall not apply to any obligations
described in section 243 of the Crude Oil Windfall Profit Tax Act
of 1980.
SEC. 627. LIMITATIONS ON ACQUISITIONS OF LAND, EXISTING FACILITIES,
ETC.
(a) LIMITATION ON USE FOR LAND ACQUISITION. -- Subsection (b) of
section 103 is amended by adding at the end thereof the following new
paragraph:
"(16) LIMITATION ON USE FOR LAND ACQUISITION. --
"(A) IN GENERAL. -- Paragraphs (4), (5), and (6) shall not
apply with respect to any obligation issued as part of an issue if
--
"(i) any portion of the proceeds of such issue are to be used
(directly or indirectly) for the acquisition of land (or an
interest therein) to be used for farming purposes, or
"(ii) 25 percent or more of the proceeds of such issue are to
be used (directly or indirectly) for the acquisition of land not
described in clause (i) (or an interest therein).
In the case of an obligation described in paragraph (5)
(relating to industrial parks), clause (i) shall be applied by
substituting '50 percent' for '25 percent'.
"(B) EXCEPTION FOR FIRST-TIME FARMERS. --
"(i) IN GENERAL. -- If the requirements of clause (ii) are met
with respect to any land, subparagraph (A) shall not apply to such
land, and paragraph (17) shall not apply to property located
thereon or to property to be acquired within 1 year to be used in
farming, but only to the extent of expenditures (financed with the
proceeds of the issue) not in excess of $250,000.
"(ii) ACQUISITION BY FIRST-TIME FARMERS. -- The requirements of
this clause are met with respect to any land if --
"(I) such land is to be used for farming purposes, and
"(II) such land is to be acquired by an individual who is a
first-time farmer, who will be the principal user of such land,
and who will materially and substantially participate on the farm
of which such land is a part in the operation of such farm.
"(iii) FIRST-TIME FARMER. -- For purposes of this subparagraph,
the term 'first-time farmer' means any individual if such
individual has not at any time had any direct or indirect
ownership interest in substantial farmland in the operation of
which such individual materially participated. For purposes of
this subparagraph, any ownership or material participation by an
individual's spouse or minor child shall be treated as ownership
and material participation by the individual.
"(iv) FARM. -- For purposes of this subparagraph, the term
'farm' has the meaning given such term by section 6420(c)(2).
"(v) SUBSTANTIAL FARMLAND. -- The term 'substantial farmland'
means any parcel of land unless --
"(I) such parcel is smaller than 15 percent of the median size
of a farm in the county in which such parcel is located, and
(II) the fair market value of the land does not at any time
while held by the individual exceed $125,000.
"(C) EXCEPTION FOR CERTAIN LAND ACQUIRED FOR ENVIRONMENTAL
PURPOSES. -- Any land acquired by a public agency in connection
with an airport, mass transit, or port development project which
consists of facilities described in paragraph (4)(D) shall not be
taken into account under subparagraph (A) if --
"(i) such land is acquired for a noise abatement, wetland
preservation, future use, or other public purpose, and
"(ii) there is not other significant use of such land."
(b) ACQUISITION OF EXISTING PROPERTY NOT PERMITTED. PERMITTED. --
Subsection (b) of section 103 (relating to industrial development bonds)
is amended by adding at the end thereof the following new paragraph:
"(17) ACQUISITION OF EXISTING PROPERTY NOT PERMITTED. --
"(A) IN GENERAL. -- Paragraphs (4), (5), (6), and (7) shall not
apply to any obligation issued as part of an issue if any portion
of the proceeds of such issue is to be used for the acquisition of
any property (or an interest therein) unless the first use of such
property is pursuant to such acquisition.
"(B) EXCEPTION FOR CERTAIN REHABILITATIONS. -- Subparagraph (A)
shall not apply with respect to any building (and the equipment
therefor) if --
"(i) the rehabilitation expenditures with respect to such
building equals or exceeds
"(ii) 15 percent of the portion of the cost of acquiring such
building (and equipment) financed with the proceeds of the issue.
A rule similar to the rule of the preceding sentence shall
apply in the case of facilities other than a building except that
clause (ii) shall be applied by substituting '100 percent' for '15
percent'.
"(C) REHABILITATION EXPENDITURES. -- For purposes of this
paragraph --
"(i) IN GENERAL. -- Except as provided in this subparagraph,
the term 'rehabilitation expenditures' means any amount properly
chargeable to capital account which is incurred by the person
acquiring the building for property (or additions or improvements
to property) in connection with the rehabilitation of a building.
In the case of an integrated operation contained in a building
before its acquisition, such term includes rehabilitating existing
equipment in such building or replacing it with equipment having
substantially the same function. For purposes of this clause, any
amount incurred by a successor to the person acquiring the
building or by the seller under a sales contract with such person
shall be treated as incurred by such person.
"(ii) CERTAIN EXPENDITURES NOT INCLUDED. -- The term
'rehabilitation expenditures' does not include any expenditure
described in section 48(g)(2)(B) (other than clause (i) thereof).
"(iii) PERIOD DURING WHICH EXPENDITURES MUST BE INCURRED. --
The term 'rehabilitation expenditures' shall not include any
amount which is incurred after the date 2 years after the later of
--
"(I) the date on which the building was acquired, or
"(II) the date on which the obligation was issued.
"(D) SPECIAL RULE FOR CERTAIN PROJECTS. -- In the case of a
project involving 2 or more buildings, this paragraph shall be
applied on a project basis."
(c) USE OF TAX-EXEMPT BONDS PROHIBITED FOR SKYBOXES, AIRPLANES,
GAMBLING ESTABLISHMENTS, ETC. -- Subsection (b) of section 103 (relating
to industrial development bonds) is amended by adding at the end thereof
the following new paragraph:
"(18) NO PORTION OF BONDS MAY BE ISSUED FOR SKYBOXES,
AIRPLANES, GAMBLING ESTABLISHMENTS, ETC. -- Paragraph (4), (5),
and (6) shall not apply to any obligation issued as part of an
issue if any portion of the proceeds of such issue is to be used
to provide any airplane, skybox, or other private luxury box, any
health club facility, any facility primarily used for gambling, or
any store the principal business of which is the sale of alcoholic
beverages for consumption off premises."
SEC. 628. MISCELLANEOUS INDUSTRIAL DEVELOPMENT BOND PROVISIONS.
(a) CERTAIN RESTRICTIONS APPLY TO EXEMPTIONS NOT CONTAINED IN
INTERNAL REVENUE CODE OF 1954. --
(1) Paragraph (1) of section 103(m) (relating to obligations
exempt other than under this title) is amended by adding at the
end thereof the following new sentence: "In the case of an
obligation issued after December 31, 1983, such obligation shall
not be treated as described in this paragraph unless the
appropriate requirements of subsections (b), (c), (h), (k), (l),
and (n) of this section and section 103A are met with respect to
such obligation. For purposes of applying such requirements, a
possession of the United States shall be treated as a State;
except that clause (ii) of subsection (n)(4)(A) shall not apply."
(2) Subparagraph (B) of section 103(m)(2) is amended to read as
follows:
"(B) is exempt from tax under this title without regard to any
provision of law which is not contained in this title and which is
not contained in a revenue Act."
(3) Subsection (m) of section 103 is amended by adding at the
end thereof the following new paragraph:
"(3) EXCEPTIONS. -- The following obligations shall be treated
as obligations described in paragraph (1) (without regard to the
second sentence thereof):
"(A) Any obligation issued pursuant to the Northwest Power Act
(16 U.S.C. 839d) as in effect on the date of the enactment of the
Tax Reform Act of 1984.
"(B) Any obligation issued pursuant to section 608(6)(A) of
Public Law 97-468.
"(C) Any obligation issued before June 19, 1984, under section
11(b) of the United States Housing Act of 1937."
(b) EXPANSION OF TAX-EXEMPT BOND FINANCED PROPERTY REQUIRED TO BE
DEPRECIATED ON STRAIGHT-LINE BASIS. --
(1) IN GENERAL. -- Subparagraph (C) of section 168(f)(12)
(relating to limitations on property financed with tax-exempt
bonds) is amended to read as follows:
"(C) EXCEPTION FOR PROJECTS FOR RESIDENTIAL RENTAL PROPERTY.
-- Subparagraph (A) shall not apply to any recovery property which
is placed in service in connection with projects for residential
rental property financed by the proceeds of obligations described
in section 103(b)(4)(A)."
(2) CONFORMING AMENDMENT. -- Paragraph (12) of section 168(f)
is amended by striking out subparagraph (D) and by redesignating
subparagraph (E) as subparagraph (D).
(c) AGGREGATION OF ISSUES FOR SINGLE PROJECT. -- Paragraph (6) of
section 103(b) (relating to exemption for small issues) is amended by
adding at the end thereof the following new subparagraph:
"(P) AGGREGATION OF ISSUES WITH RESPECT TO SINGLE PROJECT. --
For purposes of this paragraph, 2 or more issues part or all of
which are to be used with respect to a single building, an
enclosed shopping mall, or a strip of offices, stores, or
warehouses using substantial common facilities shall be treated as
1 issue (and any person who is a principal user with respect to
any of such issues shall be treated as a principal user with
respect to the aggregated issue)."
(d) DEFINITION OF RELATED PERSONS IN THE CASE OF PARTNERSHIPS. --
Paragraph (13) of section 103(b) (relating to exception where bond held
by substantial user) is amended by adding at the end thereof the
following new sentence: "For purposes of this paragraph --
"(A) a partnership and each of its partners (and their spouses
and minor children) shall be treated as related persons, and
"(B) an S corporation and each of its shareholders (and their
spouses and minor children) shall be treated as related persons".
(e) RESIDENTIAL RENTAL PROPERTY MAY BE IN MIXED USE STRUCTURE. --
Paragraph (4) of section 103(b) (relating to certain exempt activities)
is amended by adding at the end thereof the following new sentence:
"For purposes of subparagraph (A), any property shall not be treated as
failing to be residential rental property merely because part of the
building in which such property is located is used for purposes other
than residential rental purposes."
(f) PUBLIC APPROVAL REQUIREMENT IN THE CASE OF PUBLIC AIRPORT. -- If
--
(1) the proceeds of any issue are to be used to finance a
facility or facilities located on a public airport, and
(2) the governmental unit issuing such obligations is the owner
or operator of such airport,
such governmental unit shall be deemed to be the only governmental
unit having jurisdiction over such airport for purposes of subjection
(k) of section 103 of the Internal Revenue Code of 1954 (relating to
public approval for industrial development bonds).
(g) REPEAL OF ADVANCE REFUNDING OF QUALIFIED PUBLIC FACILITIES. --
Paragraph (7) of section 103(b) (relating to advance refunding of
qualified public facilities) is hereby repealed.
(h) SMALL ISSUE LIMIT IN CASE OF CERTAIN URBAN DEVELOPMENT ACTION
GRANTS. -- In the case of any obligation issued on December 11, 1981,
section 103(b)(6)(I) of the Internal Revenue Code of 1954 shall be
applied by substituting "$15,000,000" for $10,000,000" if --
(1) such obligation is part of an issue,
(2) substantially all of the proceeds of such issue are used to
provide facilities with respect to which an urban development
action grant under section 119 of the Housing and Community
Development Act of 1974 was preliminarily approved by the
Secretary of Housing and Urban Development on January 10, 1980,
and
(3) the Secretary of Housing and Urban Development determines,
at the time such grant is approved, that the amount of such grant
will equal or exceed 5 percent of the total capital expenditures
incurred with respect to such facilities.
SEC. 629. CERTAIN PUBLIC UTILITIES TREATED AS EXEMPTED PERSONS UNDER
SECTION 103(b); SPECIAL RULES FOR CERTAIN RAILROADS.
(a) CERTAIN PUBLIC UTILITIES. -- For purposes of applying section
103(b)(3) of the Internal Revenue Code with respect to --
(1) any obligations issued after the date of enactment of this
Act, and
(2) any obligations issued after December 31, 1969, which were
treated as obligations described in section 103(a) of such Code on
the day on which such obligations were issued,
the term "exempt person" shall include a regulated public utility
having any customer service area within a State served by a public power
authority which was required as a condition of a Federal Power
Commission license specified by an Act of Congress enacted prior to the
enactment of section 107 of the Revenue and Expenditure Control Act of
1968 (Public Law 90-364) to contract to sell power to one such utility
and which is authorized by State law to sell power to other such
utilities, but only with respect to the purchase by any such utility and
resale to its customers of any output of any electrical generation
facility or any portion thereof or any use of any electrical
transmission facility or any portion thereof financed by such power
authority and owned by it or by such State, and provided that by
agreement between such power authority and any such utility there shall
be no markup in the resale price charged by such utility of that
component of the resale price which represents the price paid by such
utility for such output or use.
(b) CERTAIN RAILROADS. -- Section 103(b)(1) of the Internal Revenue
Code of 1954 shall not apply to any obligation which is described in
section 103(b)(6)(A) of such Code if --
(1) substantially all of the proceeds of such obligation are
used to acquire railroad track and right-of-way from a railroad
involved in a title 11 or similar proceeding (within the meaning
of section 368(a)(3)(A) of such Code), and
(2) the Federal Railroad Administration provides joint
financing for such acquisitions.
(c) SPECIAL RULES FOR SUBSECTION (a). --
(1) OBLIGATIONS SUBJECT TO CAP. -- Any obligation described in
subsection (a) shall be treated as a private activity bond for
purposes of section 103(n) of the Internal Revenue Code of 1954.
(2) LIMITATION ON AMOUNT OF OBLIGATIONS TO WHICH SUBSECTION
(a)(1) APPLIES -- The aggregate amount of obligations to which
subsection (a)(1) applies shall not exceed $625,000,000
(3) LIMITATION ON PURPOSES. -- Subsection (a)(1) shall only
apply to obligations issued as part of an issue substantially all
the proceeds of which are used to provide 1 or more of the
following:
(A) Cable facilities.
(B) Small hydroelectric facilities.
(C) The acquisition of an interest in an electrical generating
facility.
SEC. 630. EXTENSION OF SMALL ISSUE INDUSTRIAL DEVELOPMENT BOND
EXCEPTION.
Subparagraph (N) of section 103(b)(6) (relating to termination date)
is amended to read as follows:
"(N) TERMINATION DATES. --
"(i) IN GENERAL. -- This paragraph shall not apply to any
obligation issued after December 31, 1986 (including any
obligations issued to refund an obligation issued on or before
such date).
"(ii) OBLIGATIONS USED TO FINANCE MANUFACTURING FACILITIES. --
In the case of any obligation which is part of an issue
substantially all of the proceeds of which are to be used to
provide a manufacturing facility clause (i) shall be applied by
substituting '1988' for '1986'.
"(iii) MANUFACTURING FACILITY. -- For purposes of this
subparagraph, the term 'manufacturing facility' means any facility
which is used in the manufacturing or production of tangible
personal property (including the processing resulting in a change
in the condition of such property).
SEC. 631. EFFECTIVE DATES.
(a) PRIVATE ACTIVITY BOND CAP. --
(1) IN GENERAL. -- Except as otherwise provided in this
subsection, the amendment made by section 621 shall apply to
obligations issued after December 31, 1983.
(2) INDUCEMENT RESOLUTION BEFORE JUNE 19, 1984. -- The
amendment made by section 621 shall not apply to any issue of
obligations if --
(A) there was an inducement resolution (or other comparable
preliminary approval) for the issue before June 19, 1984, and
(B) the issue is issued before January 1, 1985.
(3) CERTAIN PROJECTS PRELIMINARILY APPROVED BEFORE OCTOBER 19,
1983, GIVEN APPROVAL. -- If --
(A) there was an inducement resolution (or other comparable
preliminary approval) for a project before October 19, 1983, by an
issuing authority,
(B) a substantial user of such project notifies the issuing
authority within 30 days after the date of the enactment of this
Act that it intends to claim its rights under this paragraph, and
(C) construction of such project began before October 19, 1983,
or the substantial user was under a binding contract on such date
to incur significant expenditures with respect to such project.
such issuing authority shall allocate its share of the
limitation under section 103(n) of such Code for the calendar year
during which the obligations were to be issued pursuant to such
resolution (or other approval) first to such project. If the
amount of obligations required by all projects which meet the
requirements of the preceding sentence exceeds the issuing
authority's share of the limitation under section 103(n) of such
Code, priority under the preceding sentence shall be provided
first to those projects for which substantial expenditures were
incurred before October 19, 1983. If any issuing authority fails
to meet the requirements of this paragraph, the limitation under
section 103(n) of such Code for the issuing authority for the
calendar year following such failure shall be reduced by the
amount of obligations with respect to which such failure occurred.
(3) EXCEPTION FOR CERTAIN BONDS FOR A CONVENTION CENTER AND
RESOURCE RECOVERY PROJECT. -- In the case of any city, if --
(A) the city council of such city authorized a feasibility
study for a convention center on June 10, 1982, and
(B) on November 4, 1983, a municipal authority acting for such
city accepted a proposal for the construction of a facility that
is capable of generating steam and electricity through the
combustion of municipal waste,
the amendment made by section 621 shall not apply to any issue,
issued during 1984, 1985, 1986, or 1987 and substantially all of
the proceeds of which are to be used to finance the convention
center (or access ramps and parking facilities therefor) described
in subparagraph (A) or the facility described in subparagraph (B).
(b) PROPERTY FINANCED WITH TAX-EXEMPT BONDS REQUIRED TO BE
DEPRECIATED ON STRAIGHT-LINE BASIS. --
(1) IN GENERAL. -- Except as otherwise provided in this
section, the amendments made by section 628(b) shall apply to
property placed in service after December 31, 1983, to the extent
such property is financed by the proceeds of an obligation
(including a refunding obligation) issued after October 18, 1983.
(2) EXCEPTIONS. --
(A) CONSTRUCTION OR BINDING AGREEMENT. -- The amendments made
by section 628(b) shall not apply with respect to facilities --
(i) the original use of which commences with the taxpayer and
the construction, reconstruction, or rehabilitation of which began
before October 19, 1983, or
(ii) with respect to which a binding contract to incur
significant expenditures was entered into before October 19, 1983.
(B) REFUNDING. --
(i) IN GENERAL. -- Except as provided in clause (ii), in the
case of property placed in service after December 31, 1983, which
is financed by the proceeds of an obligation which is issued
solely to refund another obligation which was issued before
October 19, 1983, the amendments made by section 628(b) shall
apply only with respect to an amount equal to the basis in such
property which has not been recovered before the date such
refunded obligation is issued.
(ii) SIGNIFICANT EXPENDITURES. -- In the case of facilities the
original use of which commences with the taxpayer and with respect
to which significant expenditures are made before January 1, 1984,
the amendments made by section 628(b) shall not apply with respect
to such facilities to the extent such facilities are financed by
the proceeds of an obligation issued solely to refund another
obligation which was issued before October 19, 1983.
(C) FACILITIES. -- In the case of an inducement resolution or
other comparable preliminary approval adopted by an issuing
authority before October 19, 1983, for purposes of applying
subparagraphs (A)(i) and (B)(ii) with respect to obligations
described in such resolution, the term "facilities" means the
facilities described in such resolution.
(c) OTHER PROVISIONS RELATING TO TAX-EXEMPT BONDS. --
(1) IN GENERAL. -- Except as otherwise provided in this
subtitle, the amendments made by this subtitle shall apply to
obligations issued after December 31, 1983.
(2) OBLIGATIONS INVESTED IN FEDERALLY INSURED DEPOSITS. --
Notwithstanding any other provision of this section, clause (ii)
of section 103(h)(2)(B) of the Internal Revenue Code of 1954 (as
amended by this subtitle) shall apply to obligations issued after
April 14, 1983; except that such clause shall not apply to any
obligation issued pursuant to a binding contract in effect on
March 4, 1983.
(3) EXCEPTIONS. --
(A) CONSTRUCTION OR BINDING AGREEMENT. -- The amendments made
by this subtitle (other than section 621) shall not apply to
obligations with respect to facilities --
(i) the original use of which commences with the taxpayer and
the construction, reconstruction, or rehabilitation of which began
before October 19, 1983, or
(ii) with respect to which a binding contract to incur
significant expenditures was entered into before October 19, 1983.
(B) FACILITIES. -- Subparagraph (C) of subsection (b)(2)(A)
shall apply for purposes of subparagraph (A) of this paragraph.
(4) REPEAL OF ADVANCE REFUNDING OF QUALIFIED PUBLIC FACILITIES.
-- The amendment made by section 628(g) shall apply to refunding
obligations issued after the date of the enactment of this Act;
except that if substantially all the proceeds of the refunded
issue were used to provide airports or docks, such amendment shall
only apply to refunding obligations issued after December 31,
1984. In the case of any refunding obligation with respect to the
Alabama State Docks Department or the Dade County Florida Airport,
the preceding sentence shall be applied by substituting "December
31, 1985" for "December 31, 1984".
(d) PROVISIONS OF THIS SUBTITLE NOT TO APPLY TO CERTAIN PROPERTY. --
The amendments made by this subtitle shall not apply to any property
(and shall not apply to obligations issued to finance such property) if
such property is described in any of the following paragraphs:
(1) Any property described in paragraph (5), (6), or (7) of
section 31(g) of this Act.
(2) Any property described in paragraph (4), (8), or (17) of
section 31(g) of this Act but only if the obligation is issued
before January 1, 1985, and only if before June 19, 1984, the
issuer had evidenced an intent to issue obligations exempt from
taxation under the Internal Revenue Code of 1954 in connection
with such property.
(3) Any property described in paragraph (3) of section 216(b)
of the Tax Equity and Fiscal Responsibility Act of 1982.
(4) Any solid waste disposal facility described in section
103(b)(4)(E) of the Internal Revenue Code of 1954 if --
(A) a State public authority created pursuant to State
legislation which took effect on June 18, 1973, took formal action
before October 19, 1983, to commit development funds for such
facility.
(B) such authority issues obligations for any such facility
before January 1, 1987, and
(C) expenditures have been made for the development of any such
facility before October 19, 1983.
(e) DETERMINATION OF SIGNIFICANT EXPENDITURE. --
(1) IN GENERAL. -- For purposes of this section, the term
"significant expenditures" means expenditures which equal or
exceed the lesser of --
(A) $15,000,000, or
(B) 20 percent of the estimated cost of the facilities.
(2) CERTAIN GRANTS TREATED AS EXPENDITURES. -- For purposes of
paragraph (1), the amount of any UDAG grant preliminarily approved
on May 5, 1981, or April 4, 1983, shall be treated as an
expenditure with respect to the facility for which such grant was
so approved.
(f) EXCEPTIONS FOR CERTAIN OTHER AMENDMENTS. -- If --
(1) there was an inducement resolution (or other comparable
preliminary approval) for an issue before June 19, 1984, by any
issuing authority, and
(2) such issue is issued before January 1, 1985, the following
amendments shall not apply:
(A) the amendments made by section 623,
(B) the amendments made by subsections (a) and (b) of section
627 (except to the extent such amendments relate to farm land),
(C) in the case of a race track, the amendment made by section
627(c), and
(D) the amendments made by section 628(c).
(a) SEC. 632. MISCELLANEOUS EXCEPTIONS AND SPECIAL RULES.
(a) EXCEPTION FROM PROVISIONS OTHER THAN ARBITRAGE AND FEDERAL
GUARANTEES. -- Notwithstanding any other provision of this subtitle, the
amendments made by this subtitle (other than by section 622 (relating to
Federal guarantees) and section 623 (relating to arbitrage)) shall not
apply to the following obligations:
(1) Obligations issued with respect to any waste-to-energy
facility authorized by official action on April 10, 1980 and with
respect to which a subsequent agreement was signed between a city
government and the Department of the Army on December 27, 1982, to
jointly pursue construction and operation of such facility.
(2) Obligations issued to finance a redevelopment program on 9
city blocks adjacent to a transit station but only if such program
was approved on October 25, 1983.
(3) Obligations issued pursuant to an inducement resolution
adopted on August 8, 1978, for a redevelopment plan for which a
redevelopment trust fund was established on September 7, 1977.
(4) Obligations issued to finance a UDAG project which was
preliminarily approved on December 29, 1982, and which received
final approval on May 3, 1984.
(5) Obligations issued to finance a parking garage pursuant to
an inducement resolution adopted on March 9, 1984, in connection
with a project for which a UDAG grant application was made on
January 31, 1984.
(6) Obligations which --
(A) are issued to finance a downtown development project with
respect to which an urban development action grant is made but
only if such grant --
(i) was preliminarily approved on November 3, 1983, and
(ii) received final approval before June 1, 1984, and
(B) are issued in connection with inducement resolutions that
were adopted on December 21, 1982, July 5, 1983, and March 1,
1983,
but only to the extent the aggregate face amount of such
obligations does not exceed $34,000,000.
(7) Obligations with respect to which an inducement resolution
was adopted on March 5, 1984, for the purpose of acquiring
existing airport facilities at more than 12 locations in 1 State
but --
(A) only if the Civil Aeronautics Board certifies that such
transaction would reduce the amount of Federal subsidies provided
under section 419 of the Airline Deregulation Act of 1978, and
(B) only to the extent the aggregate face amount of such
obligations does not exceed $25,000,000.
(8) Obligations described in subsection (b).
(b) CERTAIN PARKING FACILITY BONDS. -- For purposes of the Internal
Revenue Code of 1954, any obligation issued with respect to a parking
facility approved by an agency of a county government on December 1,
1982, as part of an urgan revitalization plan shall be treated as an
obligation described in section 103(b)(4)(D) of such Code.
(c) EXCEPTION TO CERTAIN BOND LIMITATIONS. -- The amendments made by
section 621 (relating to the limitations on amount of private activity
bonds) and section 626(a) (relating to the prohibition on acquiring
existing facilities) shall not apply to obligations issued before
January 1, 1987, in connection with the Claymont, Delaware, regeneration
plant of the Delaware Economic Development Authority, but only to the
extent the aggregate face amount of such obligation does not exceed
$30,000,000.
(d) CERTAIN OBLIGATIONS TREATED AS NOT FEDERALLY GUARANTEED. -- For
purposes of section 103(h) of the Internal Revenue Code of 1954,
obligations (including refunding obligations) shall not be treated as
federally guaranteed if --
(A) such obligations are issued with respect to any facility,
and
(B) any obligation was issued on June 3, 1982 in the principal
amount of $11,312,125 for the purpose of financing the
development, study, or related costs incurred with respect to such
facility.
(e) CERTAIN EXPENDITURES TREATED AS SIGNIFICANT EXPENDITURES. -- For
purposes of this title, expenditures of $850,000 incurred with respect
to any project involving $15,000,000 shall be treated as significant
expenditures if such expenditures were incurred pursuant to an agreement
entered into on July 13, 1982, relating to the discharge of industrial
waste after January 1, 1986.
(f) CERTAIN ORDINANCES TREATED AS INDUCEMENT RESOLUTIONS. -- For
purposes of this title, any ordinance passed on May 3, 1982, with
respect to a planned development district shall be treated as an
inducement resolution with respect to obligations issued in 1984 in
connection with a mall project for such district.
(g) DELAYED EFFECTIVE DATE WITH RESPECT TO CERTAIN IDBS. --
(1) FERC PROJECTS. -- Notwithstanding any other provision of
this title, any amendments made by this title (other than the
amendments to section 103(c) of the Internal Revenue Code of 1954)
which, but for this paragraph, would apply to industrial
development bonds issued after December 1, 1984, shall not apply
to any of the following obligations issued before January 1, 1986:
(A) obligations issued with respect to Federal Energy
Regulatory Commission project 4657, but only to the extent the
aggregate face amount of such obligations does not exceed
$12,900,000;
(B) obligations issued with respect to Federal Energy
Regulatory Commission project 2853, but only to the extent the
aggregate face amount of such obligations does not exceed
$28,600,000; or
(C) obligations issued with respect to Federal Energy
Regulatory Commission project 4700, but only to the extent the
aggregate face amount of such obligations does not exceed
$3,850,000.
(2) PARK CENTRAL NEW TOWN IN TOWN PROJECT. -- Notwithstanding any
other provision of this title, any amendments made by this title (other
than the amendments to section 103(c) of the Internal Revenue Code of
1954) which, but for this paragraph, would apply to industrial
development bonds issued after December 31, 1984, shall not apply to any
obligation issued before January 1, 1988, with respect to Park Central
New Town In Town Project located in Port Arthur, Texas, but only to the
extent the aggregate face amount of such obligations does not exceed
$80,000,000.
SEC. 641. CLARIFICATION OF TREATMENT OF CERTAIN EXEMPTIONS FOR
PURPOSES OF THE FEDERAL ESTATE AND GIFT TAXES.
(a) GENERAL RULE. -- Nothing in any provision of law exempting any
property (or interest therein) from taxation shall exempt the transfer
of such property (or interest therein) from Federal estate, gift, and
generation-skipping transfer taxes. In the case of any provision of law
enacted after the date of the enactment of this Act, such provision
shall not be treated as exempting the transfer of property from Federal
estate, gift, and generation-skipping transfer taxes unless it refers to
the appropriate provisions of the Internal Revenue Code of 1954.
(b) EFFECTIVE DATE. --
"(1) IN GENERAL. -- The provisions of subsection (a) shall
apply to the estates of decedents dying, gifts made, and transfers
made on or after June 19, 1984.
"(2) TREATMENT OF CERTAIN TRANSFERS TREATED AS TAXABLE. -- The
provisions of subsection (a) shall also apply in the case of any
transfer of property (or interest therein) if at any time there
was filed an estate or gift tax return showing such transfer as
subject to Federal estate or gift tax.
"(3) NO INFERENCE. -- No inference shall arise from paragraphs
(1) and (2) that any transfer of property (or interest therein)
before June 19, 1984, is exempt from Federal estate and gift
taxes.
SEC. 642. REPORTS WITH TRANSFERS OF PUBLIC HOUSING BONDS.
(a) GENERAL RULE. -- With respect to transfers of public housing
bonds occurring after December 31, 1983, and before June 19, 1984, the
taxpayer shall report the date and amount of such transfer and such
other information as the Secretary of the Treasury or his delegate shall
prescribe by regulations to allow the determination of the tax and
interest due if it is ultimately determined that such transfers are
subject to estate, gift, or generation-skipping tax.
(b) PENALTY FOR FAILURE TO REPORT. -- Any taxpayer failing to provide
the information required by subsection (a) shall be liable for a penalty
equal to 25 percent of the excess of (1) the estate, gift, or
generation-skipping tax that is payable assuming that such transfers are
subject to tax, over (2) the tax payable assuming such transfers are not
so subject.
SEC. 643. TAX-EXEMPT STATUS OF OBLIGATIONS OF CERTAIN EDUCATIONAL
ORGANIZATIONS.
(a) IN GENERAL. -- For purposes of section 103 of the Internal
Revenue Code of 1954, a qualified educational organization shall be
treated as a State governmental unit, but only with respect to a trade
or business carried on by such organization which is not an unrelated
trade or business (determined by applying section 513(a) of such Code to
such organization).
(b) QUALIFIED EDUCATIONAL ORGANIZATION. -- For purposes of subsection
(a), the term "qualified educational organization" means a college or
university created on February 22, 1855, by specific act of the
legislature of the State within which such college or university is
located.
(c) EFFECTIVE DATE. -- This section shall apply to obligations issued
after December 31, 1953.
SEC. 644. LOCAL FURNISHING OF ELECTRICITY OR GAS.
(a) GENERAL RULE. -- For the purposes of section 103(b)(4)(E),
facilities for the local furnishing of electric energy also shall
include a facility that is part of a system providing service to the
general populace (i) if at least 97 percent (measured both by total
number of metered customers and by their annual consumption on a
kilowatt hour basis) of the retail customers of such system are located
in two contiguous counties, and (ii) if the remainder of such customers
are located in a portion of a third contiguous county which portion is
located on a peninsula not directly connected by land to the rest of the
county of which it is a part.
(b) ELECTION TO ALLOCATE TO 1984 ONE-HALF OF STATE LIMIT FOR 1985,
1986, and 1987. -- Solely for purposes of issuing obligations described
in subsection (a), the issuing authorities of a State may elect (at such
time and in such manner as the Secretary of the Treasury shall by
regulations prescribe) to use in 1984 one-half of the amount which would
have been the State limit for the calendar years 1985, 1986, and 1987.
SEC. 645. LOCAL FURNISHING WHERE FACILITY INITIALLY AUTHORIZED BY
FEDERAL GOVERNMENT.
For the purpose of section 103(b)(4)(E), facilities for the local
furnishing of electric energy also shall include a facility that is part
of a system providing service to the general populace --
(i) if the facility was initially authorized by the Federal
Government in 1962;
(ii) if the facility receives financing of at least 25 percent
by an exempt person;
(iii) if the electric energy generated by the facility is
purchased by an electric cooperative qualified as a rural electric
borrower under 7 U.S.C. section 901 et seq. and if;
(iv) the facility is located in a noncontiguous State.
SEC. 646. TREASURY DEPARTMENT DECISIONS AFFECTING TAX-EXEMPT BONDS.
(a) The Secretary of Education and the Secretary of the Treasury
shall within 90 days of the date of enactment of this provision,
establish procedures under which issuers affected by any decision of the
Secretary of Education or his delegate under section 7 of the Student
Loan Consolidation and Technical Amendments Act of 1983 may request and
obtain a review of such decision by the Secretary of the Treasury or his
delegate followed by a written report to the Secretary of Education and
to such person with respect to such review to be filed no later than 60
days of the request for review (unless the person requesting such review
consents to an extension of time).
(b) Nothing in this section shall affect the exemption from income
taxation of interest on any student loan bond or any issuer of such
bonds.
SEC. 647. SPECIAL RULE FOR POSSESSIONS AND DISTRICT OF COLUMBIA.
Notwithstanding any other provision of law, in the case of
obligations issued before July 1, 1987 --
(1) the Virgin Islands and American Samoa shall have authority
to issue industrial development bonds (within the meaning of
section 103(b)(2) of the Internal Revenue Code of 1954), and
(2) the District of Columbia Housing Finance Agency shall have
the authority to issue obligations described in section 103(b)(
4)(A) of such Code and to issue mortgage subsidy bonds (as defined
in section 103A of such Code).
SEC. 648. SPECIAL ARBITRAGE RULE.
Securities or obligations are not described in section 103(c)(2) (A)
or (B) of the Internal Revenue Code of 1954 and are not subject to yield
restrictions to the extent that on the date of issue of a bond issue
which is payable from the investment earnings on such securities or
obligations --
(1) such securities or obligations are held in a fund which,
except to the extent of the investment earnings on such securities
or obligations, cannot be used, under State constitutional or
statutory restrictions continuously in effect since October 9,
1969, to pay debt service on the bond issue or to finance the
facilities that are to be financed with the proceeds of the bonds,
(2) the fund has received no substantial discretionary
contributions after October 9, 1969,
(3) the issuer (A) had a practice of issuing bonds secured by
the investment earnings of the fund during the period commencing
January 1, 1960, and ending on October 9, 1969, and (B) has had a
continuous practice of issuing bonds secured by the investment
earnings of the fund at least once during each 5-year period
beginning on October 9, 1969, and
(4) the amount of securities or obligations benefitting from
this rule cannot exceed the principal amount of bonds (to which
such securities or other obligations would, but for this rule, be
allocated) which could be issued under applicable laws restricting
the amount of bonds that can be issued (but not restrictions on
the purposes for which bonds can be issued) in effect on October
9, 1969, as applied to the facts on the day of issue.
SEC. 701. COORDINATION WITH OTHER TITLES.
For purposes of applying the amendments made by any title of this Act
other than this title, the provisions of this title shall be treated as
having been enacted immediately before the provisions of such other
titles.
SEC. 711. TECHNICAL CORRECTIONS OF PROVISIONS RELATING TO
INDIVIDUALS.
(a) AMENDMENTS RELATED TO SECTION 201. --
(1) DEFINITION OF REGULAR TAX. -- Paragraph (2) of section 55(
f) (defining regular tax) is amended by striking out "sections
72(m)(5)(B)" and inserting in lieu thereof "sections 47a), 72(m)(
5)(B)".
(2) SPECIAL ELECTION FOR INTANGIBLE DRILLING AND DEVELOPMENT
COSTS LIMITED TO WELLS LOCATED IN THE UNITED STATES. --
Subparagraph (A) of section 58(i)(4) (relating to special election
for intangible drilling and development cost not allocable to
interest as limited partner) is amended by inserting "(with
respect to wells located in the United States)" after "intangible
drilling costs".
(3) 3-YEAR AMORTIZATION FOR CIRCULATION EXPENSES. --
(A) Subparagraph (B) of section 57(a)(6) (relating to
circulation and research and experimental expenditures) is amended
to read as follows:
"(B) the amount which would have been allowable for the taxable
year with respect to expenditures paid or incurred during such
taxable year if --
"(i) the circulation expenditures described in section 173 had
been capitalized and amortized ratably over the 3-year period
beginning with the taxable year in which such expenditures were
made, or
"(ii) the research and experimental expenditures described in
section 174 had been capitalized and amortized ratably over the
10-year period beginning with the taxable year in which such
expenditures were made."
(B) Paragraph (1) of section 58(i) (relating to optional
10-year writeoff of certain tax preferences) is amended by
striking out "10-year period" and inserting in lieu thereof
"10-year period (3-year period in the case of circulation
expenditures described in section 173)".
(C) Subsection (b) of section 173 is amended by striking out
"10-year" and inserting in lieu thereof "3-year".
(4) LOSSES TREATED AS INVESTMENT LOSSES. -- Subparagraph (B) of
section 55(e)(8) is amended to read as follows:
"(B) INCOME AND LOSSES TAKEN INTO ACCOUNT IN COMPUTING
QUALIFIED NET INVESTMENT INCOME. -- Any income or loss derived
from a limited business interest shall be taken into account in
computing qualified net investment income."
(5) TREATMENT OF ALCOHOL FUELS CREDIT. -- Subparagraph (c) of
section 55(b)(1) (defining alternative minimum taxable income) is
amended by striking out "section 667" and inserting in lieu
thereof "section 87 or 667".
(b) AMENDMENT RELATED TO SECTION 202. -- Paragraph (5) of section
213(d) (relating to definitions) is amended by striking out "paragraph
(2)" and inserting in lieu thereof "paragraph (4)".
(c) AMENDMENTS RELATED TO SECTION 203. --
(1) CLARIFICATION OF ADJUSTED GROSS INCOME IN THE CASE OF
ESTATES AND TRUSTS. -- Paragraph (2) of section 165(h) (relating
to casualty and theft losses) is amended by redesignating
subparagraph (B) as subparagraph (C) and by inserting after
subparagraph (A) the following new subparagraph:
"(B) DETERMINATION OF ADJUSTED GROSS INCOME IN CASE OF ESTATES
AND TRUSTS. -- For purposes of paragraph (1), the adjusted gross
income of an estate or trust shall be computed in the same manner
as in the case of an individual, except that the deductions for
costs paid or incurred in connection with the administration of
the estate or trust shall be treated as allowable in arriving at
adjusted gross income."
(2) COORDINATION OF SECTION 165(h) WITH SECTION 1231. --
(A) COORDINATION FOR 1984 AND SUBSEQUENT YEARS. --
(i) CLARIFICATION OF LOSSES TO WHICH SECTION 165(c)(3) APPLIES.
-- Paragraph (3) of section 165(c) (relating to limitation on loss
of individuals) is amended by striking out "trade or business" and
inserting in lieu thereof "trade or business or a transaction
entered into for profit".
(ii) AMENDMENT OF SECTION 165(h). -- Subsection (h) of section
165 (relating to casualty and theft losses) is amended to read as
follows:
"(h) TREATMENT OF CASUALTY GAINS AND LOSSES. --
"(1) $100 LIMITATION PER CASUALTY. -- Any loss of an individual
described in subsection (c)(3) shall be allowed only to the extent
that the amount of the loss to such individual arising from each
casualty, or from each theft, exceeds $100.
"(2) NET CASUALTY LOSS ALLOWED ONLY TO THE EXTENT IT EXCEEDS 10
PERCENT OF ADJUSTED GROSS INCOME. --
"(A) IN GENERAL. -- If the personal casualty losses for any
taxable year exceed the personal casualty gains for such taxable
year, such losses shall be allowed for the taxable year only to
the extent of the sum of --
"(i) the amount of the personal casualty gains for the taxable
year, plus
"(ii) so much of such excess as exceeds 10 percent of the
adjusted gross income of the individual.
"(B) SPECIAL RULE WHERE PERSONAL CASUALTY GAINS EXCEED PERSONAL
CASUALTY LOSSES. -- If the personal casualty gains for any taxable
year exceed the personal casualty losses for such taxable year --
"(i) all such gains shall be treated as gains from sales or
exchanges of capital assets, and
"(ii) all such losses shall be treated as losses from sales or
exchanges of capital assets.
"(3) DEFINITIONS OF PERSONAL CASUALTY GAIN AND PERSONAL
CASUALTY LOSS. -- For purposes of this subsection --
"(A) PERSONAL CASUALTY GAIN. -- The term 'personal casualty
gain' means the recognized gain from any involuntary conversion of
property which is described in subsection (c)(3) arising from
fire, storm, shipwreck, or other casualty, or from theft.
"(B) PERSONAL CASUALTY LOSS. -- The term 'personal casualty
loss' means any loss described in subsection (c)(3). For purposes
of paragraph (2), the amount of any personal casualty loss shall
be determined after the application of paragraph (1).
"(4) SPECIAL RULES. --
"(A) PERSONAL CASUALTY LOSSES ALLOWABLE IN COMPUTING ADJUSTED
GROSS INCOME TO THE EXTENT OF PERSONAL CASUALTY GAINS. -- In any
case to which paragraph (2)(A) applies, the deduction for personal
casualty losses for any taxable year shall be treated as a
deduction allowable in computing adjusted gross income to the
extent such losses do not exceed the personal casualty gains for
the taxable year.
"(B) JOINT RETURNS. -- For purposes of this subsection, a
husband and wife making a joint return for the taxable year shall
be treated as 1 individual.
"(C) DETERMINATION OF ADJUSTED GROSS INCOME IN CASE OF ESTATES
AND TRUSTS. -- For purposes of paragraph (2), the adjusted gross
income of an estate or trust shall be computed in the same manner
as in the case of an individual, except that the deductions for
costs paid or incurred in connection with the administration of
the estate or trust shall be treated as allowable in arriving at
adjusted gross income.
"(D) COORDINATION WITH ESTATE TAX. -- No loss described in
subsection (c)(3) shall be allowed if, at the time of filing the
return, such loss has been claimed for estate tax purposes in the
estate tax return."
(iii) SECTION 1231 NOT TO APPLY TO PERSONAL CASUALTY GAINS OR
LOSSES. -- Subsection (a) of section 1231 (relating to property
used in the trade or business and involuntary conversions) is
amended to read as follows:
"(a) GENERAL RULE. --
"(1) GAINS EXCEED LOSSES. -- If --
"(A) the section 1231 gains for any taxable year, exceed
"(B) the section 1231 losses for such taxable year,
such gains and losses shall be treated as long-term capital
gains or long-term capital losses, as the case may be.
"(2) GAINS DO NOT EXCEED LOSSES. -- If --
"(A) the section 1231 gains for any taxable year, do not exceed
"(B) the section 1231 losses for such taxable year,
such gains and losses shall not be treated as gains and losses
from sales or exchanges of capital assets.
"(3) SECTION 1231 GAINS AND LOSSES. -- For purposes of this
subsection --
"(A) SECTION 1231 GAIN. -- The term 'section 1231 gain' means
--
"(i) any recognized gain on the sale or exchange of property
used in the trade or business, and
"(ii) any recognized gain from the compulsory or involuntary
conversion (as a result of destruction in whole or in part, theft
or seizure, or an exercise of the power of requisition or
condemnation or the threat or imminence thereof) into other
property or money of --
"(I) property used in the trade or business, or
"(II) any capital asset which is held for more than 1 year and
is held in connection with a trade or business or a transaction
entered into for profit.
"(B) SECTION 1231 LOSS. -- The term 'section 1231 loss' means
any recognized loss from a sale or exchange or conversion
described in subparagraph (A).
"(4) SPECIAL RULES. -- For purposes of this subsection --
"(A) In determining under this subsection whether gains exceed
losses --
"(i) the section 1231 gains shall be included only if and to
the extent taken into account in computing gross income, and
"(ii) the section 1231 losses shall be included only if and to
the extent taken into account in computing taxable income, except
that section 1211 shall not apply.
"(B) Losses (including losses not compensated for by insurance
or otherwise) on the destruction, in whole or in part, theft or
seizure, or requisition or condemnation of --
"(i) property used in the trade or business, or
"(ii) capital assets which are held for more than 1 year and
are held in connection with a trade or business or a transaction
entered into for profit,
shall be treated as losses from a compulsory or involuntary
conversion.
"(C) In the case of any involuntary conversion (subject to the
provisions of this subsection but for this sentence) arising from
fire, storm, shipwreck, or other casualty, or from theft, of any
--
"(i) property used in the trade or business, or
"(ii) any capital asset which is held for more than 1 year and
is held in connection with a trade or business or a transaction
entered into for profit,
this subjection shall not apply to such conversion (whether
resulting in gain or loss) if during the taxable year the
recognized losses from such conversions exceed the recognized
gains from such conversions."
(iv) Sections 873(b)(1) and 931(d)(2)(B) are each amended by
striking out ", for losses of property not connected with the
trade or business if arising from certain casualties or theft,"
and inserting in lieu thereof "for losses".
(v) EFFECTIVE DATE. -- The amendments made by this subparagraph
shall apply to taxable years beginning after December 31, 1983.
(B) TRANSITION RULE. -- In the case of taxable years beginning
before January 1, 1984 --
(i) For purposes of paragraph (1)(B) of section 165(h) of the
Internal Revenue Code of 1954 adjusted gross income shall be
determined without regard to the application of section 1231 of
such Code to any gain or loss from an involuntary conversion of
property described in subsection (c)(3) of section 165 of such
Code arising from fire, storm, shipwreck, or other casualty or
from theft.
(ii) Section 1231 of such Code shall be applied after the
application of paragraph (1) of section 165(h) of such Code.
(3) CLERICAL AMENDMENT. -- Subsection (d) of section 6405
(relating to refunds attributable to certain disaster losses) is
amended by striking out "section 165(h)" and inserting in lieu
thereof "section 165(i)".
SEC. 712. TECHNICAL CORRECTIONS OF PROVISIONS PRIMARILY RELATING TO
BUSINESSES.
(a) AMENDMENTS RELATED TO SECTION 204. --
(1) CLARIFICATION OF ADDITIONAL AMOUNT TREATED AS ORDINARY
INCOME UNDER SECTION 1250. --
(A) Paragraph (1) of section 291(a) (relating to section 1250
capital gain treatment) is amended --
(i) by striking out "under section 1250" in subparagraph (B)
and inserting in lieu thereof "under section 1250 (determined
without regard to this paragraph)", and
(ii) by striking out "which is ordinary income" and inserting
in lieu thereof "which is ordinary income under section 1250".
(B) Subsection (a) of section 1250 is amended by adding at the
end thereof the following new paragraph:
"(4) CROSS REFERENCE. --
"For reduction in the case of corporations on capital gain
treatment under this section, see section 291(a)(1)."
(2) INVESTMENT TAX CREDIT ALLOWED ONLY FOR MINERAL EXPLORATION
AND DEVELOPMENT COSTS FOR DEPOSITS LOCATED IN THE UNITED STATES.
-- Clause (ii) of section 291(b)(2)(B) is amended by inserting "in
the case of a deposit located in the United States," after "(ii)".
(3) CLARIFICATION OF COORDINATION WITH COST DEPLETION. --
Paragraph (6) of section 291(b) (relating to coordination with
cost depletion) is amended to read as follows:
"(6) COORDINATION WITH COST DEPLETION. -- The portion of the
adjusted basis of any property which is attributable to amounts to
which paragraph (1) applied shall not be taken into account for
purposes of determining depletion under section 611."
(4) CLARIFICATION OF DEFINITION OF INTEREST. -- Subparagraph
(B) of section 291(e)(1) (relating to interest on debt to carry
tax-exempt obligations acquired after December 31, 1982) is
amended by adding at the end thereof the following new clause:
"(iii) INTEREST. -- For purposes of this subparagraph, the term
'interest' includes amounts (whether or not designated as
interest) paid in respect of deposits, investment certificates, or
withdrawal or repurchasable shares."
(b) AMENDMENT RELATED TO SECTION 205. -- Subsection (q) of section 48
(relating to basis adjustment to section 38 property) is amended by
adding at the end thereof the following new paragraph:
"(6) ADJUSTMENT IN BASIS OF INTEREST IN PARTNERSHIP OR S
CORPORATION. -- The adjusted basis of --
"(A) a partner's interest in a partnership, and
"(B) stock in an S corporation,
shall be appropriately adjusted to take into account
adjustments made under this subsection in the basis of property
held by the partnership or S corporation (as the case may be)."
(c) AMENDMENT RELATED TO SECTION 207. -- Paragraph (4) of section
189(e) (defining residential real property) is amended by striking out
"or" at the end of subparagraph (A), by striking out the period at the
end of subparagraph (B) and inserting in lieu thereof ", or", and by
adding at the end thereof the following new subparagraph:
"(C) real property held by a cooperative housing corporation
(as defined in section 216(b)) and used for dwelling purposes."
(d) AMENDMENTS RELATED TO SECTION 210. --
(1) SPECIAL RULE WHERE DEALER-LESSEE REQUIRED TO PURCHASE
VEHICLE. -- Paragraph (2) of section 210(b) of the Tax Equity and
Fiscal Responsibility Act of 1982 (defining rental adjustment
clause) is amended by adding at the end thereof the following new
sentence: "Such term also includes a provision of an agreement
which requires a lessee who is a dealer in motor vehicles to
purchase the motor vehicle for a predetermined price and then
resell such vehicle where such provision achieves substantially
the same results as a provision described in the preceding
sentence."
(2) EXCEPTION WHERE LESSEE TOOK POSITION ON RETURN THAT HE WAS
OWNER. -- Section 210 of the Tax Equity and Fiscal Responsibility
Act of 1982 is amended by adding at the end thereof the following
new subsection:
"(c) EXCEPTION WHERE LESSEE TOOK POSITION ON RETURN. -- Subsection
(a) shall not apply to deny a deduction for interest paid or accrued
claimed by a lessee with respect to a qualified motor vehicle agreement
on a return of tax imposed by chapter 1 of the Internal Revenue Code of
1954 which was filed before the date of the enactment of this Act or to
deny a credit for investment in depreciable property claimed by the
lessee on such a return pursuant to an agreement with the lessor that
the lessor would not claim the credit."
(e) AMENDMENT RELATED TO SECTION 211. -- Subparagraph (A) of section
211(e)(2) of the Tax Equity and Fiscal Responsibility Act of 1982
(relating to retention of old sections 970(b) and 904(f)(4) where
taxpayer had separate basket foreign loss) is amended by striking out
"the 8-year period" and inserting in lieu thereof "the 8-year period (or
such shorter period as the taxpayer may select)".
(f) AMENDMENT RELATED TO SECTION 212. -- Paragraph (1) of section
954(h) (defining foreign base company oil-related income) is amended by
striking out "section 907(c)(2)" and inserting in lieu thereof
"paragraphs (2) and (3) of section 907(c)".
(g) AMENDMENT RELATED TO SECTION 213. -- The table contained in
subparagraph (C) of section 936(a)(2) is amended by striking out "The
percentage tax is:" and inserting in lieu thereof "The percentage is:".
(h) AMENDMENT RELATED TO SECTION 217. -- Subsection (e) of section
217 of the Tax Equity and Fiscal Responsibility Act of 1982 (relating to
effective date) is amended by adding at the end thereof the following
new sentence: "For purposes of applying section 168(f)(8)( D)(v) of the
Internal Revenue Code of 1954, the amendments made by subsection (c)
shall apply to agreements entered into after the date of the enactment
of this Act."
(i) AMENDMENTS RELATED TO SECTION 222. --
(1) Sections 301(e)(2) and 302(f)(3) are each amended by
striking out "partial or complete liquidation" and inserting in
lieu thereof "complete liquidation".
(2) The paragraph heading of paragraph (1) of section 306(b)
(relating to exceptions) is amended by striking out "INTEREST."
and inserting in lieu thereof "INTEREST, ETC."
(3) Paragraph (1) of section 543(a) (defining personal holding
company income) is amended by striking out subparagraph (C), by
adding "and" at the end of subparagraph (A), and by striking out
", and" at the end of subparagraph (B) and inserting in lieu
thereof a period.
(j) AMENDMENT RELATED TO SECTION 223. -- Paragraph (1) of section
311(e) (defining qualified stock) is amended by adding at the end
thereof the following new subparagraph:
"(C) RULES FOR PASSTHRU ENTITIES. -- In the case of an S
corporation, partnership, trust, or estate --
"(i) the determination of whether subparagraph (A) is satisfied
shall be made at the shareholder, partner, or beneficiary level
(rather than at the entity level), and
"(ii) the distribution shall be treated as made directly to the
shareholders, partners, or beneficiaries in proportion to their
respective interests in the entity."
(k) AMENDMENTS RELATED TO SECTION 224. --
(1) ASSETS TREATED AS SOLD AT FAIR MARKET VALUE. --
(A) IN GENERAL. -- Paragraph (1) of section 338(a) (relating to
general rule) is amended by inserting "at fair market value" after
"acquisition date".
(B) BASIS OF ASSETS AFTER DEEMED PURCHASE. -- Subsection (b) of
section 338 (relating to price at which deemed sale made) is
amended to read as follows:
"(b) BASIS OF ASSETS AFTER DEEMED PURCHASE. --
"(1) IN GENERAL. -- For purposes of subsection (a), the assets
of the target corporation shall be treated as purchased for an
amount equal to the sum of --
"(A) the grossed-up basis of the purchasing corporation's
recently purchased stock, and
"(B) the basis of the purchasing corporation's nonrecently
purchased stock.
"(2) ADJUSTMENT FOR LIABILITIES AND OTHER RELEVANT ITEMS. --
The amount described in paragraph (1) shall be adjusted under
regulations prescribed by the Secretary for liabilities of the
target corporation and other relevant items.
"(3) ELECTION TO STEP-UP THE BASIS OF CERTAIN TARGET STOCK. --
"(A) IN GENERAL. -- Under regulations prescribed by the
Secretary, the basis of the purchasing corporation's nonrecently
purchased stock shall be the basis amount determined under
subparagraph (B) of this paragraph if the purchasing corporation
makes an election to recognize gain as if such stock were sold on
the acquisition date for an amount equal to the basis amount
determined under subparagraph (B).
"(B) DETERMINATION OF BASIS AMOUNT. -- For purposes of
subparagraph (A), the basis amount determined under this
subparagraph shall be an amount equal to the grossed-up basis
determined under subparagraph (A) of paragraph (1) multiplied by a
fraction --
"(i) the numerator of which is the percentage of stock (by
value) in the target corporation attributable to the purchasing
corporation's nonrecently purchased stock, and
"(ii) the denominator of which is 100 percent minus the
percentage referred to in clause (i).
"(4) GROSSED-UP BASIS. -- For purposes of paragraph (1), the
grossed-up basis shall be an amount equal to the basis of the
corporation's recently purchased stock, multiplied by a fraction
--
"(A) the numerator of which is 100 percent, minus the
percentage of stock (by value) in the target corporation
attributable to the purchasing corporation's nonrecently purchased
stock, and
"(B) the denominator of which is the percentage of stock (by
value) in the target corporation attributable to the purchasing
corporation's recently purchased stock.
"(5) ALLOCATION AMONG ASSETS. -- The amount determined under
paragraphs (1) and (2) shall be allocated among the assets of the
target corporation under regulations prescribed by the Secretary.
"(6) DEFINITIONS OF RECENTLY PURCHASED STOCK AND NONRECENTLY
PURCHASED STOCK. -- For purposes of this subsection --
"(A) RECENTLY PURCHASED STOCK. The term 'recently purchased
stock' means any stock in the target corporation which is held by
the purchasing corporation on the acquisition date and which was
purchased by such corporation during the 12-month acquisition
period.
"(B) NONRECENTLY PURCHASED STOCK. -- The term 'nonrecently
purchased stock' means any stock in the target corporation which
is held by the purchasing corporation on the acquisition date and
which is not recently purchased stock."
(2) COORDINATION WITH SECTION 333. -- The last sentence of
paragraph (1) of section 338(c) (relating to coordination with
section 337 where purchasing corporation holds less than 100
percent of stock) is amended by striking out "such 1-year period"
and inserting in lieu thereof "such 1-year period and section 333
does not apply to such liquidation".
(3) EXCEPTIONS TO DEEMED ELECTION RULE. -- Paragraph (2) of
section 338(e) (relating to exceptions) is amended --
(A) by striking out "(in whole or in part)" in subparagraph (B)
and inserting in lieu thereof "wholly",
(B) by inserting "or" at the end of subparagraph (C), and
(C) by striking out subparagraphs (D) and (E) and inserting in
lieu thereof the following:
"(D) such acquisition is described in regulations prescribed by
the Secretary and meets such conditions as such regulations may
provide."
(4) TIME FOR MAKING ELECTION. -- Paragraph (1) of section 338(
g) (relating to election) is amended to read as follows:
"(1) WHEN MADE. -- Except as otherwise provided in regulations,
an election under this section shall be made not later than the
15th day of the 9th month beginning after the month in which the
acquisition date occurs."
(5) DEFINITION OF PURCHASE. --
"(A) Subparagraph (B) of section 338(h)(3) (defining purchase)
is amended to read as follows:
"(B) DEEMED PURCHASE UNDER SUBSECTION (a). -- The term
'purchase' includes any deemed purchase under subsection (a)(2).
The acquisition date for a corporation which is deemed purchased
under subsection (a)(2) shall be determined under regulations
prescribed by the Secretary."
(B) Paragraph (3) of section 338(h) is amended by adding at the
end thereof the following new subparagraph:
"(C) CERTAIN STOCK ACQUISITIONS FROM RELATED CORPORATIONS. --
"(i) IN GENERAL. -- Clause (iii) of subparagraph (A) shall not
apply to an acquisition of stock from a related corporation if at
least 50 percent in value of the stock of such related corporation
was acquired by purchase (within the meaning of subparagraph (A)
and (B)).
"(ii) CERTAIN DISTRIBUTIONS. -- Clause (i) of subparagraph (A)
shall not apply to an acquisition of stock described in clause (i)
of this subparagraph if the corporation acquiring such stock --
"(I) made a qualified stock purchase of stock of the related
corporation, and
"(II) made an election under this section (or is treated under
subsection (e) as having made such an election) with respect to
such qualified stock purchase.
"(iii) RELATED CORPORATION DEFINED. -- For purposes of this
subparagraph, a corporation is a related corporation if stock
owned by such corporation is treated (under section 318(a) other
than paragraph (4) thereof) as owned by the corporation acquiring
the stock."
(C) Paragraph (1) of section 338(h) (defining 12-month
acquisition period) is amended by inserting before the period at
the end thereof the following: "(or, if any of such stock was
acquired in an acquisition which is a purchase by reason of
subparagraph (C) of paragraph (3), the date on which the acquiring
corporation is first considered under section 318(a) (other than
paragraph (4) thereof) as owning stock owned by the corporation
from which such acquisition was made)."
(D) Clause (ii) of section 338(h)(3)(A) (defining purchase) is
amended to read as follows:
"(ii) the stock is not acquired in an exchange to which section
351, 354, 355, or 356 applies and is not acquired in any other
transaction described in regulations in which the transferor does
not recognize the entire amount of the gain or loss realized on
the transaction, and".
(E) Paragraph (4) of section 318(b) (relating to cross
references) is amended to read as follows: "(4) section 338(h)(
3) (defining purchase);".
(6) SPECIAL RULES FOR APPLYING SECTION 338. --
(A) Subsection (h) of section 338 (relating to definitions and
special rules) is amended by striking out paragraph (7), by
redesignating paragraph (8) and (9) as paragraphs (9) and (10),
respectively, and by inserting after paragraph (6) the following
new paragraphs:
"(7) ADDITIONAL PERCENTAGE MUST BE ATTRIBUTABLE TO PURCHASE,
ETC. -- For purposes of subsection (c)(1), any increase in the
maximum percentage of stock taken into account over the percentage
of stock (by value) of the target corporation held by the
purchasing corporation on the acquisition date shall be taken into
account only to the extent such increase is attributable to --
"(A) purchase, or
"(B) a redemption of stock of the target corporation --
"(i) to which section 302(a) applies, or
"(ii) in the case of a shareholder who is not a corporation, to
which section 301 applies.
"(8) ACQUISITIONS BY AFFILIATED GROUP TREATED AS MADE BY 1
CORPORATION. -- Except as provided in regulations prescribed by
the Secretary, stock and asset acquisitions made by members of the
same affiliated group shall be treated as made by 1 corporation."
(B) Paragraph (9) of section 338(h), as redesignated by
subparagraph (A), is amended by striking out "paragraph (9)" and
inserting in lieu thereof "paragraph (10)".
(C) Subsection (h) of section 338 is amended by adding at the
end thereof the following new paragraphs:
"(11) ELECTIVE FORMULA FOR DETERMINING FAIR MARKET VALUE. --
For purposes of subsection (a)(1), fair market value may be
determined on the basis of a formula, provided in regulations
prescribed by the Secretary which takes into account liabilities
and other relevant items.
"(12) SECTION 337 TO APPLY WHERE TARGET HAD ADOPTED PLAN FOR
COMPLETE LIQUIDATION. -- If --
"(A) during the 12-month period ending on the acquisition date
the target corporation adopted a plan of complete liquidation.
"(B) such plan was not rescinded before the close of the
acquisition date, and
"(C) the purchasing corporation makes an election under this
section (or is treated under subsection (e) as having made such an
election) with respect to the target corporation,
then, subject to rules similar to the rules of subsection (c)(
1), for purposes of section 337 (and other provisions which relate
to section 337), the target corporation shall be treated as having
distributed all of its assets as of the close of the acquisition
date.
"(13) TAX ON DEEMED SALE NOT TAKEN INTO ACCOUNT FOR ESTIMATED
TAX PURPOSES. -- For purposes of section 6655, tax attributable to
the sale described in subsection (a)(1) shall not be taken into
account.
"(14) COORDINATION WITH SECTION 341. -- For purposes of
determining whether section 341 applies to a disposition within 1
year after the acquisition date of stock by a shareholder (other
than the acquiring corporation) who held stock in the target
corporation on the acquisition date, section 341 shall be applied
without regard to this section.
"(15) COMBINED DEEMED SALE RETURN. -- Under regulations
prescribed by the Secretary, a combined deemed sale return may be
filed by all target corporations acquired by a purchasing
corporation on the same acquisition date if such target
corporations were members of the same selling consolidated group
(as defined in subparagraph (B) of paragraph (10))."
(7) Subsection (i) of section 338 (relating to regulations) is
amended to read as follows:
"(i) REGULATIONS. -- The Secretary shall prescribe such regulations
as may be necessary or appropriate to carry out the purposes of this
section, including --
"(1) regulations to ensure that the purpose of this section to
require consistency of treatment of stock and asset sales and
purchases may not be circumvented through the use of any provision
of law or regulations (including the consolidated return
regulations) and
"(2) regulations providing for the coordination of the
provisions of this section with the provision of this title
relating to foreign corporations and their shareholders."
(8) TREATMENT OF CERTAIN LIQUIDATIONS. --
(A) IN GENERAL. -- Section 269 (relating to acquisitions made
to evade or avoid income tax) is amended by redesignating
subsection (b) as subsection (c) and by inserting after subsection
(a) the following new subsection:
"(b) CERTAIN LIQUIDATIONS AFTER QUALIFIED STOCK PURCHASES. --
"(1) IN GENERAL. -- If --
"(A) there is a qualified stock purchase by a corporation of
another corporation,
"(B) an election is not made under section 338 with respect to
such purchase,
"(C) the acquired corporation is liquidated pursuant to a plan
of liquidation adopted not more than 2 years after the acquisition
date, and
"(D) the principal purpose for such liquidation is the evasion
or avoidance of Federal income tax by securing the benefit of a
deduction, credit, or other allowance which the acquiring
corporation would not otherwise enjoy,
then the Secretary may disallow such deduction, credit, or
other allowance.
"(2) MEANING OF TERMS. -- For purposes of paragraph (1), the
terms 'qualified stock purchase' and 'acquisition date' have the
same respective meanings as when used in section 338."
(B) CONFORMING AMENDMENT. -- Subsection (c) of section 269 (as
redesignated by subparagraph (A)) is amended by striking out
"subsection (a)" and inserting in lieu thereof "subsection (a) or
(b)".
(C) EFFECTIVE DATE. -- The amendments made by this paragraph
shall apply to liquidations after October 20, 1983, in taxable
years ending after such date.
(9) AMENDMENTS NOT TO APPLY TO ACQUISITIONS BEFORE SEPTEMBER 1,
1982. --
(A) IN GENERAL. -- The amendments made by this subsection shall
not apply to any qualified stock purchase (as defined in section
338(d)(3) of the Internal Revenue Code of 1954) where the
acquisition date (as defined in section 338(h)(2) of such Code) is
before September 1, 1982.
(B) EXTENSION OF TIME FOR MAKING ELECTION. -- In the case of
any qualified stock purchase described in subparagraph (A), the
time for making an election under section 338 of such Code shall
not expire before the close of the 60th day after the date of the
enactment of this Act.
(10) SPECIAL RULES FOR DEEMED PURCHASES UNDER PRIOR LAW. -- If,
before October 20, 1983, a corporation was treated as making a
qualified stock purchase (as defined in section 338(d)(3) of the
Internal Revenue Code of 1954), but would not be so treated under
the amendments made by paragraphs (5) and (6) of this subsection,
the amendments made by such paragraphs shall not apply to such
purchase unless such corporation elects (at such time and in such
manner as the Secretary of the Treasury or his delegate may by
regulations prescribe) to have the amendments made by such
paragraphs apply.
(l) AMENDMENTS RELATED TO SECTION 226. --
(1) AMOUNT CONSTITUTING DIVIDEND. -- Paragraph (2) of section
304(b) (relating to amount constituting dividend) is amended to
read as follows:
"(2) AMOUNT CONSTITUTING DIVIDEND. -- In the case of any
acquisition of stock to which subsection (a) applies, the
determination of the amount which is a dividend (and the source
thereof) shall be made as if the property were distributed --
"(A) by the acquiring corporation to the extent of its earnings
and profits, and
"(B) then by the issuing corporation to the extent of its
earnings and profits."
(2) COORDINATION WITH SECTION 351. -- Subparagraph (A) of
section 304(b)(3) (relating to coordination with section 351) is
amended by striking out "(and not part III)" and inserting in lieu
thereof "(and not section 351 and not so much of sections 357 and
358 as relates to section 351)".
(3) CERTAIN ASSUMPTIONS OF LIABILITY. --
(A) The first sentence of clause (i) of section 304(b)(3)(B)
(relating to certain assumptions of liability, etc.) is amended by
striking out "Subsection (a)" and inserting in lieu thereof "In
the case of an acquisition described in section 351, subsection
(a)".
(B) Subparagraph (B) of section 304(b)(3) (relating to
coordination with section 351) is amended by adding at the end
thereof the following new clause:
"(iii) CLAUSE (i) DOES NOT APPLY TO STOCK ACQUIRED FROM RELATED
PERSON EXCEPT WHERE COMPLETE TERMINATION. -- Clause (i) shall
apply only to stock acquired by the transferor from a person --
"(I) none of whose stock is attributable to the transferor
under section 318(a) (other than paragraph (4) thereof), or
"(II) who satisfies rules similar to the rules of section 302(
c)(2) with respect to both the acquiring and the issuing
corporations (determined as if such person were a distributee of
each such corporation)."
(4) DISTRIBUTIONS INCIDENT TO FORMATION OF BANK HOLDING
COMPANIES. -- Subparagraph (C) of section 304(b)(3) (relating to
distributions incident to formation of bank holding companies)
sentence: "For purposes of this subparagraph, any assumption of
(or acquisition of stock subject to) a liability under
subparagraph (B) shall not be treated as a distribution of
property."
(5) CONSTRUCTIVE OWNERSHIP. --
(A) Paragraph (3) of section 304(c) (relating to constructive
ownership) is amended to read as follows:
"(3) CONSTRUCTIVE OWNERSHIP. --
"(A) IN GENERAL. -- Section 318(a) (relating to constructive
ownership of stock) shall apply for purposes of determining
control under this section.
"(B) MODIFICATION OF 50-PERCENT LIMITATIONS IN SECTION 318. --
For purposes of subparagraph (A) --
"(i) paragraph (2)(C) of section 318(a) shall be applied by
substituting '5 percent' for '50 percent', and
"(ii) paragraph (3)(C) of section 318(a) shall be applied --
"(I) by substituting '5 percent' for '50 percent', and
"(II) in any case where such paragraph would not apply but for
subclause (I), by considering a corporation as owning the stock
(other than stock in such corporation) owned by or for any
shareholder of such corporation in that proportion which the value
of the stock which such shareholder owned in such corporation
bears to the value of all stock in such corporation."
(B) Paragraph (4) of section 306(c) is amended by striking out
the last sentence and inserting in lieu thereof the following:
"For purposes of applying the preceding sentence to paragraph (3),
the rules of section 304(c)(3)(B) shall apply."
(6) CERTAINSTOCK ACQUIRED IN SECTION 351 EXCHANGE. -- Paragraph
(3) of section 306(c) (relating to certain stock acquired in
section 351 exchange) is amended by striking out the last sentence
and inserting in lieu thereof the following: "Rules similar to
the rules of section 304(b)(2) shall apply --
"(A) for purposes of the preceding sentence, and
"(B) for purposes of determining the application of this
section to any subsequent disposition of stock which is section
306 stock by reason of an exchange described in the preceding
sentence."
(7) EFFECTIVE DATES FOR AMENDMENTS MADE BY PARAGRAPHS (1) AND
(3). --
(A) IN GENERAL. -- Except as otherwise provided in this
paragraph, the amendments made by paragraph (1) and (3) shall
apply to stock acquired after June 18, 1984, in taxable years
ending after such date.
(B) ELECTION BY TAXPAYER TO HAVE AMENDMENTS APPLY EARLIER. --
Any taxpayer may elect, at such time and in such manner as the
Secretary of the Treasury or his delegate may prescribe, to have
the amendments made by paragraphs (1) and (3) apply as if included
in section 226 of the Tax Equity and Fiscal Responsibility Act of
1982.
(C) SPECIAL RULE FOR CERTAIN TRANSFERS TO FORM BANK HOLDING
COMPANY. -- Except as provided in subparagraph (D), the amendments
made by paragraphs (1) and (3) shall not apply to transfers
pursuant to an application to form a BHC (as defined in section
304(b)(3)(D)(ii) of the Internal Revenue Code of 1954) filed with
the Federal Reserve Board before June 18, 1984, if --
(i) such BHC was formed not later than the 90th day after the
date of the last required approval of any regulatory authority to
form such BHC, and
(ii) such BHC did not elect (at such time and in such manner as
the Secretary of the Treasury or his delegate shall prescribe) not
to have the provisions of this subparagraph apply.
(D) AMENDMENTS TO APPLY TO CERTAIN LIABILITIES INCURRED BEFORE
OCTOBER 20, 1983. -- The amendment made by paragraph (3)(A) shall
apply to the acquisition of any stock to the extent the liability
assumed, or to which such stock is subject, was incurred by the
transferor after October 20, 1983.
(m) AMENDMENT RELATED TO SECTION 229. -- Subsection (c) of section
229 of the Tax Equity and Fiscal Responsibility Act of 1982 (relating to
modification of regulations on the completed contract method of
accounting) is amended by adding at the end thereof the following new
paragraph:
"(4) UNDERPAYMENTS OF ESTIMATED TAX FOR 1982. -- To the extent
provided in regulations, no addition to tax shall be made under
section 6654 or 6655 of the Internal Revenue Code of 1954 for the
taxpayer's first taxable year ending after December 31, 1982, by
reason of a long-term contract, but only with respect to
installments required to be paid before April 13, 1983."
(n) AMENDMENT RELATED TO SECTION 233. -- Paragraph (11) of section
51(d) (defining members of economically disadvantaged families) is
amended by adding at the end thereof the following new sentence: "Any
such determination with respect to an individual who is a qualified
summer youth employee or youth participating in a qualified cooperative
education program with respect to any employer shall also apply for
purposes of determining whether such individual is a member of another
targeted group with respect to such employer."
SEC. 713. TECHNICAL CORRECTIONS OF PENSION PROVISIONS.
(a) AMENDMENTS RELATED TO SECTION 235. --
(1) ACTUARIAL ADJUSTMENTS MADE TO BENEFIT LIMIT RATHER THAN TO
BENEFIT. --
(A) Subparagraph (C) of section 415(b)(2) (relating to
adjustment to $90,000 limit where benefit begins before age 62) is
amended by striking out the first sentence and inserting in lieu
thereof the following: "If the retirement income benefit under
the plan begins before age 62, the determination as to whether the
$90,000 limitation set forth in paragraph (1)(A) has been
satisfied shall be made, in accordance with regulations prescribed
by the Secretary, by reducing the limitation of paragraph (1)(A)
so that such limitation as so reduced) equals an annual benefit
(beginning when such retirement income benefit begins) which is
equivalent to a $90,000 annual benefit beginning at age 62."
(B) Subparagraph (D) of section 415(b)(2) (relating to
adjustment to $90,000 limitation where benefit begins after age
65) is amended to read as follows:
"(D) ADJUSTMENT TO $90,000 LIMIT WHERE BENEFIT BEGINS AFTER AGE
65. -- If the retirement income benefit under the plan begins
after age 65, the determination as to whether the $90,000
limitation set forth in paragraph (1)(A) has been satisfied shall
be made, in accordance with regulations prescribed by the
Secretary, by increasing the limitation of paragraph (1)(A) so
that such limitation (as so increased) equals an annual benefit
(beginning when such retirement income benefit begins) which is
equivalent to a $90,000 annual benefit beginning at age 65."
(C)(i) Clauses (i) and (iii) of section 415(b)(2)(E) are each
amended by striking out "any benefit" and inserting in lieu
thereof "any benefit or limitation".
(ii) Clause (ii) of section 415(b)(2)(E) is amended by striking
out "any benefit" and inserting in lieu thereof "any limitation".
(2) DEFINITION OF CURRENT ACCRUED BENEFIT IN THE CASE OF
COLLECTIVELY BARGAINED PLANS. -- Clause (i) of section 235(g)(4)(
B) of the Tax Equity and Fiscal Responsibility Act of 1982
(defining current accrued benefit) is amended by adding at the end
thereof the following new sentence: "In the case of any plan
described in the first sentence of paragraph (5), the preceding
sentence shall be applied by substituting for 'January 1, 1983'
the applicable date determined under paragraph (5)."
(3) TRANSITION FRACTION ONLY APPLIES TO PLANS IN EXISTENCE
BEFORE JULY 1, 1982. -- Paragraph (6) of section 415(e) (relating
to special transition rule for defined contribution fraction for
years ending after December 31, 1982) is amended by adding at the
end thereof the following new subparagraph:
"(C) PLAN MUST HAVE BEEN IN EXISTENCE ON OR BEFORE JULY 1,
1982. -- This paragraph shall apply only to plans which were in
existence on or before July 1, 1982."
(4) TREATMENT OF CERTAIN COLLECTIVE BARGAINING agreements
ENTERED INTO BEFORE JULY 1, 1982. -- Clause (ii) of section 235(
g)(4)(B) of the Tax Equity and Fiscal Responsibility Act of 1982
(defining current accrued benefit) is amended by adding at the end
thereof the following new sentence: "For purposes of subclause
(I), any change in the terms and conditions of the plan pursuant
to a collective bargaining agreement entered into before July 1,
1982, and ratified before September 3, 1982, shall be treated as a
change made before July 1, 1982."
(b) AMENDMENTS RELATED TO SECTION 236. --
(1) EXCEPTION FOR CERTAIN LOANS NOT TO APPLY TO LOANS FROM
DEDUCTIBLE EMPLOYEE CONTRIBUTIONS. --
(A) Subparagraph (A) of section 72(o)(3) (relating to amounts
constructively received) is amended by striking out "subsection
(p)" and inserting in lieu thereof "subsection (p) (other than the
exception contained in paragraph (2) thereof)".
(B) Subparagraph (A) of section 72(p)(2) (relating to exception
for certain loans) is amended by adding at the end thereof the
following new sentence:
"For purposes of clause (ii), the present value of the
nonforfeitable accrued benefit shall be determined without regard
to any accumulated deductible employee contributions (as defined
in subsection (o)(5)(B))."
(2) DEFINITION OF REQUIRED PRINCIPAL PAYMENT. -- Subparagraph
(C) of section 236(c)(2) of the Tax Equity and Fiscal
Responsibility Act of 1982 is amended by inserting before the
period at the end thereof the following: "or if such loan was
payable on demand".
(3) REPEAL OF PROVISION TREATING CERTAIN LOAN REPAYMENTS AS
CONTRIBUTIONS. -- Subsection (f) of section 404 (relating to
certain loan repayments considered as contributions) is hereby
repealed.
(4) CLARIFICATION OF EXCEPTION FOR SMALL LOANS. -- Clause (ii)
of section 72(p)(2)(A) (relating to exception for certain loans)
is amended to read as follows:
"(ii) the greater of (I) one-half of the present value of the
nonforfeitable accrued benefit of the employee under the plan, or
(II) $10,000."
(c) AMENDMENTS RELATED TO SECTION 237. --
(1) AMENDMENTS CONFORMING TO LIMITING TO KEY EMPLOYEES THE
PENALTY FOR PREMATURE DISTRIBUTIONS. --
(A) Clause (i) of section 72(m)(5)(A) is amended by striking
out "as an owner-employee" and inserting in lieu thereof "as a key
employee".
(B) The paragraph heading of section 72(m)(5) is amended by
striking out "OWNER-EMPLOYEES" and inserting in lieu thereof "KEY
EMPLOYEES".
(C) Sections 46(a)(4), 53(a), and 901(a) are each amended by
striking out "tax on premature distributions to owner-employees"
and inserting in lieu thereof "tax on premature distributions to
key employees".
(2) CORRECTION OF CROSS REFERENCE TO DEFINITION OF BANK. --
(A) Subsection (f) of section 401 is amended by striking out
"(as defined in subsection (d)(1))" and inserting in lieu thereof
"(as defined in section 408(n))".
(B) Subsection (h) of section 408 is amended by striking out
"(as defined in section 401(d)(1))" and inserting in lieu thereof
"(as defined in subsection (n))".
(3) LIMITATION ON ROLLOVERS TO APPLY ONLY TO KEY EMPLOYEES. --
Clause (ii) of section 402(a)(5)(E) (relating to self-employed
individuals and owner-employees) is amended to read as follows:
"(ii) KEY EMPLOYEES. -- An eligible retirement plan described
in subclause (IV) or (V) of subparagraph (D)(iv) shall not be
treated as an eligible retirement plan for the transfer of a
distribution if any part of the distribution is attributable to
contributions made on behalf of the employee while he was a key
employee in a top-heavy plan. For purposes of the preceding
sentence, the terms 'key employee' and 'top-heavy plan' have the
same respective meanings as when used in section 416."
(d) AMENDMENTS RELATED TO SECTION 238. --
(1) REPEAL OF SECTION 72(m)(9). -- Paragraph (9) of section
72(m) (relating to return of excess contributions before due date
of return) is hereby repealed.
(2) INCREASE IN AMOUNT OF DEDUCTION FOR SIMPLIFIED EMPLOYEE
PENSIONS. -- Clause (ii) of section 219(b)(2)(A) (relating to
special rules for employer contributions under simplified employee
pensions) is amended by striking out "but not in excess of
$15,000" and inserting in lieu thereof "but not in excess of the
limitation in effect under section 415(c)(1)(A)".
(3) REPEAL OF SECTION 401(e). -- Subsection (e) of section 401
(relating to contributions for premiums on annuity, etc.,
contracts) is hereby repealed.
(4) REPEAL OF SECTION 404(a) (9). --
(A) Subsection (a) of section 404 is amended by striking out
paragraph (9) and by redesignating paragraph (10) as paragraph
(9).
(B) Subparagraph (C) of section 415(c)(6) is amended. --
(i) by striking out "paragraph (10) of section 404(a)" and
inserting in lieu thereof "paragraph (9) of section 404(a)",
(ii) by striking out "section 404(a)(10)(A)" and inserting in
lieu thereof "section 404(a)(9)(A)", and
(iii) by striking out "section 404(a)(10)(B)" and inserting in
lieu thereof "section 404(a)(9)(B)".
(5) REPEAL OF SECTION 404(h)(4). -- Paragraph (4) of section
404(h) (relating to effect on self-employed individuals or
shareholder employees) is hereby repealed.
(6) DETERMINATION OF EARNED INCOME OR SELF-EMPLOYED FOR
PURPOSES OF SECTION 404(a)(8)(D). -- Subparagraph (D) of section
404(a)(8) is amended by striking out "the earned income of such
individual" and inserting in lieu thereof "the earned income of
such individual (determined without regard to the deductions
allowed by this section and section 405(c))".
(7) REPEAL OF SECTION 415(c)(7). --
(A) Subsection (c) of section 415 is amended by striking out
paragraph (7) and by redesignating paragraph (8) as paragraph (7).
(B) Subclause (II) of section 415(e)(3)(B)(ii) is amended by
striking out "subsection (c)(7) or (8)" and inserting in lieu
thereof "subsection (c)(7)".
(8) COORDINATION OF REPEALS OF CERTAIN SECTIONS. -- Sections
404(e) and 1379(b) of the Internal Revenue Code of 1954 (as in
effect on the day before the date of the enactment of the Tax
Equity and Fiscal Responsibility Act of 1982) shall not apply to
any plan to which section 401(j) of such Code applies (or would
apply but for its repeal).
(9) AMENDMENT OF SECTION 404(e). -- Subsection (e) of section
404 is amended by striking out "under this section" and inserting
in lieu thereof "under paragraph (1), (2), or (3) of subsection
(a)".
(e) AMENDMENT RELATED TO SECTION 239. -- Subparagraph (B) of section
101(b)(3) (relating to treatment of self-employed individuals for
exclusion of employees' death benefits) is amended to read as follows:
"(B) SPECIAL RULE FOR CERTAIN DISTRIBUTIONS. -- In the case of
any amount paid or distributed --
"(i) by a trust described in section 401(a) which is exempt
from tax under section 501(a), or
"(ii) under a plan described in section 403(a), the term
'employee' includes a self-employed individual described in
section 401(c)(1)."
(f) AMENDMENTS RELATED TO SECTION 240. --
(1) DEFINITION OF KEY EMPLOYEE. --
(A) Subparagraph (A) of section 416(i)(1) (defining key
employee) is amended by striking out "any participant in an
employer plan" and inserting in lieu thereof "an employee".
(B) Clause (ii) of section 416(i)(1)(A) is amended to read as
follows:
"(ii) 1 of the 10 employees having annual compensation from the
employer of more than the limitation in effect under section
415(c)(1)(A) and owning (or considered as owning within the
meaning of section 318) the largest interests in the employer,".
(C) Subparagraph (A) of section 416(i)(1) (defining key
employee) is amended by adding at the end thereof the following
new sentence: "For purposes of clause (ii), if 2 employees have
the same interest in the employer, the employee having greater
annual compensation from the employer shall be treated as having a
larger interest."
(D) Subparagraph (C) of section 416(i)(1) is amended by
striking out "DETERMINING 5-PERCENT OR 1-PERCENT OWNERS" in the
subparagraph heading and inserting in lieu thereof "DETERMINING
OWNERSHIP IN THE EMPLOYER".
(2) TREATMENT OF SIMPLIFIED EMPLOYEE PENSIONS. -- Paragraph (1)
of section 408(k) (defining simplified employee pension) is
amended to read as follows:
"(1) IN GENERAL. -- For purposes of this title, the term
'simplified employee pension' means an individual retirement
account or individual retirement annuity --
"(A) with respect to which the requirements of paragraphs (2),
(3), (4), and (5) of this subsection are met, and
"(B) if such account or annuity is part of a top-heavy plan (as
defined in section 416), with respect to which the requirements of
section 416(c)(2) are met."
(3) CLARIFICATION OF TRANSITIONAL RULE. -- Paragraph (3) of
section 235(g) of the Tax Equity and Fiscal Responsibility Act of
1982 is amended by adding at the end thereof the following new
sentence: "A similar rule shall apply with respect to the last
plan year beginning after January 1, 1984, for purposes of
applying section 416(h) of the Internal Revenue Code of 1954."
(4) TREATMENT OF DISTRIBUTIONS FROM TERMINATED PLANS. --
Paragraph (3) of section 416(g) (relating to distributions during
last 5 years taken into account) is amended by adding at the end
thereof the following new sentence: "The preceding sentence shall
also apply to distributions under a terminated plan which if it
had not been terminated would have been required to be included in
an aggregation group."
(5) CLARIFICATION OF COST-OF-LIVING ADJUSTMENTS. --
(A) IN GENERAL. -- Paragraph (2) of section 416(d) (relating to
cost-of-living adjustments) is amended by striking out "in the
same manner" and inserting in lieu thereof "at the same time and
in the same manner".
(B) SIMPLIFIED EMPLOYEE PENSIONS. -- Subparagraph (C) of
section 408(k)(3) (relating to contributions must bear uniform
relationship to total compensation) is amended by adding at the
end thereof the following new sentence: "The Secretary shall
annually adjust the $200,000 amount contained in the preceding
sentence at the same time and in the same manner as he adjusts the
dollar amount contained in section 415(c)(1)(A)."
(6) CLERICAL AMENDMENTS. --
(A) Subsection (f) of section 416 is amended by striking out
"require" and inserting in lieu thereof "required".
(B) Clause (iii) of section 416(i)(1)(B) is amended by striking
out "subparagraph (A)(ii)(II)" and inserting in lieu thereof
"subparagraph (A)(ii)".
(g) AMENDMENTS RELATED TO SECTION 243. --
(1) EFFECTIVE DATE FOR PROVISIONS RELATED TO INHERITED
INDIVIDUAL RETIREMENT PLANS. -- Subsection (c) of section 243 of
the Tax Equity and Fiscal Responsibility Act of 1982 is amended to
read as follows:
"(c) EFFECTIVE DATE. -- The amendments made by this section shall
apply with respect to individuals dying after December 31, 1983."
(2) CLERICAL AMENDMENT. -- The subparagraph (C) of section
408(d)(3) which was added by section 335(a)(1) of the Tax Equity
and Fiscal Responsibility Act of 1982 is redesignated as
subparagraph (D).
(h) AMENDMENT RELATED TO SECTION 247. -- Subsection (a) of section
247 of the Tax Equity and Fiscal Responsibility Act of 1982 (relating to
existing personal service corporations may liquidate under section 333
during 1983 and 1984) is amended by inserting "which is in existence on
September 3, 1982," after "section 535(c)(2)(B) of the Internal Revenue
Code of 1954)".
(i) AMENDMENT RELATED TO SECTION 248. -- Paragraph (2) of section
414(n) (defining leased employee) is amended by striking out "any
person" in the material preceding subparagraph (A) and inserting in lieu
thereof "any person who is not an employee of the recipient and".
(j) AMENDMENT RELATED TO SECTION 249. -- Subparagraph (D) of section
408(k)(3) (relating to treatment of certain contributions and taxes) is
amended by striking out the second and third sentences and inserting in
lieu thereof the following: "If the employer does not maintain an
integrated plan at any time during the taxable year, OASDI contributions
(as defined in section 401(1)(2)) may, for purposes of this paragraph,
be taken into account as contributions by the employer to the employee's
simplified employee pension, but only if such contributions are so taken
into account with respect to each employee maintaining a simplified
employee pension."
(k) AMENDMENTS RELATED TO SECTION 253. --
(1) LIMITATION OF PROFIT-SHARING AND STOCK BONUS PLANS. --
Subparagraph (C) of section 415(c)(3) is amended by striking out
"In the case of a participant" and inserting in lieu thereof "In
the case of a participant in a profit-sharing or stock bonus
plan".
(2) CLARIFICATION OF RULE THAT CONTRIBUTIONS BE NONFORFEITABLE.
-- Subparagraph (C) of section 415(c)(3) (relating to special
rules for permanent and total disability) is amended by striking
out the last sentence and inserting in lieu thereof the following:
"This subparagraph shall apply only if contributions made with
respect to amounts treated as compensation under this subparagraph
are nonforfeitable when made."
SEC. 714. MISCELLANEOUS PROVISIONS.
(a) AMENDMENT RELATED TO SECTION 255. -- Subsection (c) of section
811 (relating to special rule for dividends to policyholders under
reinsurance contracts) is amended by striking out "conventional
coinsurance contract" and inserting in lieu thereof "reinsurance
contract".
(b) AMENDMENT RELATED TO SECTION 281A. -- Paragraph (2) of section
281A(b) of the Tax Equity and Fiscal Responsibility Act of 1982 is
amended by striking out "subsection (a)" and inserting in lieu thereof
"paragraph (1)".
(c) AMENDMENT RELATED TO SECTION 292. -- Paragraph (2) of section
7430(a) (relating to awarding of court costs and certain fees) is
amended by striking out "including the Tax Court" and inserting in lieu
thereof "including the Tax Court and the United States Claims Court".
(d) AMENDMENT RELATED TO SECTION 309. -- Paragraph (2) of section
6042(b) (relating to exceptions from dividend reporting requirements) is
amended to read as follows:
"(2) EXCEPTIONS. -- For purposes of this section, the term
'dividend' does not include any distribution or payment --
"(A) to the extent provided in regulations prescribed by the
Secretary --
"(i) by a foreign corporation, or
"(ii) to a foreign corporation, a nonresident alien, or a
partnership not engaged in a trade or business in the United
States and composed in whole or in part of nonresident aliens, or
"(B) except to the extent otherwise provided in regulations
prescribed by the Secretary, to any person described in section
6049(b)(4)."
(e) AMENDMENTS RELATED TO SECTION 311. --
(1) IN GENERAL. -- Section 6045(c) (relating to returns of
brokers) is amended by adding at the end thereof the following new
paragraph:
"(4) PERSON. -- The term 'person' includes any governmental
unit and any agency or instrumentality thereof."
(2) NO PENALTY FOR PAYMENTS BEFORE JANUARY 1, 1985. -- No
penalty shall be imposed under the Internal Revenue Code of 1954
with respect to any person required (by reason of the amendment
made by paragraph (1)) to file a return under section 6045 of such
Code with respect to any payment before January 1, 1985.
(f) AMENDMENT RELATED TO SECTION 314. -- Subparagraph (E) of section
6678(a)(3) is amended by striking out "section 6053(c)" and inserting in
lieu thereof "section 6053".
(g) AMENDMENTS RELATED TO SECTION 320. --
(1) PERMITTING THE JOINDER OF REFUND AND INJUNCTIVE ACTIONS
WITH RESPECT TO CERTAIN PENALTIES. -- Section 7422 (relating to
civil actions for refund) is amended by redesignating subsection
(i) as subsection (j) and by inserting after subsection (h) the
following new subsection:
"(i) SPECIAL RULE FOR ACTIONS WITH RESPECT TO TAX SHELTER PROMOTER
AND UNDERSTATEMENT PENALTIES. -- No action or proceeding may be brought
in the United States Claims Court for any refund or credit of a penalty
imposed by section 6700 (relating to penalty for promoting abusive tax
shelters, etc.) or section 6701 (relating to penalties for aiding and
abetting understatement of tax liability)."
(2) AMENDMENT TO TITLE 28. -- Chapter 91 of title 28, United
States Code, is amended by adding at the end thereof the following
new section:
Section 1509. No jurisdiction in cases involving refunds of tax
shelter promoter and understatement penalties
"The United States Claims Court shall not have jurisdiction to hear
any action or proceeding for any refund or credit of any penalty imposed
under section 6700 of the Internal Revenue Code of 1954 (relating to
penalty for promoting abusive tax shelters, etc). or section 6701 of
such Code (relating to penalties for aiding and abetting understatement
of tax liability)."
(3) CONFORMING AMENDMENT. -- The table of sections for chapter
91 of title 28, United States Code, is amended by adding at the
end thereof the following new item:
"1509. No jurisdiction in cases involving refunds of tax
shelter promoter and understatement penalties."
(4) EFFECTIVE DATE. -- The amendments made by this subsection
shall apply to any claim for refund or credit filed after the date
of the enactment of this Act.
(h) AMENDMENTS RELATED TO SECTION 323. --
(1) Subsection (b) of section 5684 is amended --
(A) by striking out "SECTION 6660" in the heading and inserting
in lieu thereof "SECTION 6662", and
(B) by striking out 'section 6660(a)" in the text and inserting
in lieu thereof "section 6662(a)".
(2) Subsection (c) of section 5761 is amended --
(A) by striking out "SECTION 6660" in the heading and inserting
in lieu thereof "SECTION 6662", and
(B) by striking out "section 6660(a)" in the text and inserting
in lieu thereof "section 6662(a)".
(3) Clause (ii) of section 6661(b)(2)(A) (defining
understatement) is amended by inserting ", reduced by any rebate
within the meaning of section 6211(b)(2))" after "return".
(i) AMENDMENT RELATED TO SECTION 333. -- Section 7609(c)(1) (relating
to summons to which section applies) is amended by striking out "section
7602" and inserting in lieu thereof "section 7602(a)".
(j) AMENDMENTS RELATED TO SECTION 334. --
(1) CLARIFICATION THAT DEATH BENEFIT EXCLUSION APPLIES TO
DISTRIBUTIONS UNDER SECTION 403(b). -- Subparagraph (C) of section
3405(b)(2) (relating to special rule for distributions by reason
of death) is amended to read as follows:
"(C) SPECIAL RULE FOR DISTRIBUTIONS BY REASON OF DEATH. -- In
the case of any nonperiodic distribution from or under any plan or
contract described in section 401(a), 403(a), or 403(b) --
"(i) which is made by reason of a participant's death, and
"(ii) with respect to which the requirements of clauses (ii)
and (iv) of subsection (d)(4)(A) are met, subparagraph (A) or (B)
(as the case may be) shall be applied by taking into account the
exclusion from gross income provided by section 101(b) (whether or
not allowable)."
(2) CLARIFICATION OF CREDIT FOR WITHHELD AMOUNTS. -- Paragraph
(1) of section 31(a) is amended by striking out "under section
3402 as tax on the wages of any individual" and inserting in lieu
thereof "as tax under chapter 24".
(3) PENALTY FOR FAILURE TO GIVE NOTICE. -- Section 6652
(relating to penalty for failure to file certain information
returns, registration statements, etc.) is amended by
redesignating subsection (i) as subsection (j) and by inserting
after subsection (h) the following new subsection:
"(i) FAILURE TO GIVE NOTICE TO RECIPIENTS OF CERTAIN PENSION, ETC.,
DISTRIBUTIONS. -- In the case of each failure to provide notice as
required by section 3405(d)(10)(B), at the time prescribed therefor,
unless it is shown that such failure is due to reasonable cause and not
to willful neglect, there shall be paid, on notice and demand of the
Secretary and in the same manner as tax, by the person failing to
provide such notice, an amount equal to $10 for each such failure, but
the total amount imposed on such person for all such failures during any
calendar year shall not exceed $5,000."
(4) EXCEPTION FOR AMOUNTS PAID TO NONRESIDENT ALIENS. --
Subparagraph (B) of section 3405(d)(1) (relating to exceptions) is
amended by striking out "and" at the end of clause (i), by
striking out the period at the end of clause (ii) and inserting in
lieu thereof ", and", and by adding at the end thereof the
following new clause:
"(iii) any amount which is subject to withholding under
subchapter A of chapter 3 (relating to withholding of tax on
nonresident aliens and foreign corporations) by the person paying
such amount or which would be so subject but for a tax treaty."
(5) CLARIFICATION OF AMOUNT WITHHELD WHERE EMPLOYER SECURITY
DISTRIBUTED. -- Paragraph (8) of section 3405(d) (relating to
maximum amount withheld) is amended by adding at the end thereof
the following new sentence: "No amount shall be required to be
withheld under this section in the case of any designated
distribution which consists only of employer securities of the
employer corporation (within the meaning of section 402(a)(3)) and
cash (not in excess of $200) in lieu of fractional shares."
(k) AMENDMENT RELATED TO SECTION 337. -- Subsection (d) of section
982 (relating to admissibility of documentation maintained in foreign
countries) is amended by striking out paragraph (3) and by redesignating
paragraph (4) as paragraph (3).
(l) AMENDMENT RELATED TO SECTION 339. -- Paragraph (1) of section
6038A(c) (defining control) is amended by striking out "section 6038(
d)(1)" and inserting in lieu thereof "section 6038(e)(1)".
(m) AMENDMENT RELATED TO SECTION 345. -- Subsection (b) of section
345 of the Tax Equity and Fiscal Responsibility Act of 1982 (relating to
effective date) is amended by striking out "taking effect on" and
inserting in lieu thereof "taking effect on or after".
(n) AMENDMENTS RELATED TO SECTION 346. --
(1) CLERICAL AMENDMENT. -- Subparagraph (B) of section 346(c)(
2) of the Tax Equity and Fiscal Responsibility Act of 1982 is
amended to read as follows:
"(B) Subparagraph (A) of section 6601(d)(2) is amended by
striking out 'the last day of' each place it appears and inserting
in lieu thereof 'the filing date for'."
(2) INTEREST ON REFUNDS CAUSED BY CARRYBACKS. --
(A) Paragraph (3) of section 6611(f) (relating to refund of tax
caused by carryback, etc.) is amended by adding at the end thereof
the following new subparagraph:
"(C) APPLICATION OF SUBPARAGRAPH (B) WHERE SECTION 6411(a)
CLAIM FILED. -- For purposes of subparagraph (B)(i)(II), if a
taxpayer --
"(i) files a claim for refund of any overpayment described in
paragraph (1) or (2) with respect to the taxable year to which a
loss or credit is carried back, and
"(ii) subsequently files an application under section 6411(a)
with respect to such overpayment,
then the claim for overpayment shall be treated as having been
filed on the date the application under section 6411(a) was
filed."
(B) The last sentence of section 6411(a) is amended by striking
out "An" and inserting in lieu thereof "Except for purposes of
applying section 6611(f)(3)(B), an".
(o) AMENDMENT RELATED TO SECTION 349. -- Subsection (b) of section
6331 is amended by striking out "subsection (d)(3)" and inserting in
lieu thereof "subsection (e)".
(p) AMENDMENTS RELATED TO TITLE IV. --
(1) EXTENSION OF PARTNERSHIP AUDIT PROVISIONS TO ENTITIES
FILING PARTNERSHIP RETURNS, ETC. -- Subchapter C of chapter 63
(relating to tax treatment of partnership items) is amended by
adding at the end thereof the following new section:
"SEC. 6233. EXTENSION TO ENTITLES FILING PARTNERSHIP RETURNS, ETC.
"(a) GENERAL RULE. -- If a partnership return is filed by an entity
for a taxable year but it is determined that the entity is not a
partnership for such year, then, to the extent provided in regulations,
the provisions of this subchapter are hereby extended in respect of such
year to such entity and its items and to persons holding an interest in
such entity.
"(b) SIMILAR RULES IN CERTAIN CASES. -- If for any taxable year --
"(1) an entity files a return as an S corporation but it is
determined that the entity was not an S corporation for such year,
or
"(2) a partnership return or S corporation return is filed but
it is determined that there is no entity for such taxable year,
then, to the extent provided in regulations, rules similar to the
rules of subsection (a) shall apply."
(2) TECHNICAL AND CLERICAL AMENDMENTS. --
(A) Subparagraph (B) of section 6230(c)(1) is amended by
striking out "(or erroneously computed the amount of any such
credit or refund)".
(B) Paragraph (9) of section 6231(a) is amended by striking out
"electing small business corporation" and inserting in lieu
thereof "S corporation".
(C) Subparagraph (A) of section 6231(d)(1) is amended to read
as follows:
"(A) in the case of a partner whose entire interest in the
partnership is disposed of during such partnership taxable year,
as of the moment immediately before such disposition, or".
(D) Subsection (f) of section 6231 is amended by striking out
"such deduction or credit" and inserting in lieu thereof "such
loss or credit".
(E) The table of sections for subpart C of chapter 63 is
amended by adding at the end thereof the following new item:
"Sec. 6233. Extension to entities filing partnership returns,
etc."
(F) Paragraph (3) of section 6501(q) is amended to read as
follows:
"(3) CROSS REFERENCE --
"For extension of period for windfall profit tax items of
partnerships, see section 6229 as made applicable by section
6232."
(G) Paragraph (3) of section 6511(h) is amended to read as
follows:
"(3) CROSS REFERENCE. --
"For period of limitation for windfall profit tax items of
partnerships, see section 6227(a) and subsections (c) and (d) of
section 6230 as made applicable by section 6232."
(H) Subsection (h) of section 7422 is amended by striking out
"section 6131(a)(3)" and inserting in lieu thereof "section 6231(
a)(3)".
(I) Subparagraph (B) of section 6231(b)(2) (relating to items
cease to be partnership items in certain cases) is amended by
striking out "section 6227(b)" and inserting in lieu thereof
"section 6227(c)".
(q) ESTATES AND TRUSTS AND S CORPORATIONS REQUIRED TO PROVIDE
INFORMATION TO CERTAIN BENEFICIARIES AND SHAREHOLDERS. --
(1) ESTATES AND TRUSTS. -- Subpart A of part III of subchapter
A of chapter 61 (relating to information concerning persons
subject to special provisions) is amended by adding after section
6034 the following new section:
"SEC. 6034A. INFORMATION TO BENEFICIARIES OF ESTATES AND TRUSTS.
"The fiduciary of any estate or trust making the return required to
be filed under section 6012(a) for any taxable year shall, on or before
the date on which such return was filed, furnish to each beneficiary --
"(1) who receives a distribution from such estate or trust with
respect to such taxable year, or
"(2) to whom any item with respect to such taxable year is
allocated,
a statement containing such information shown on such return as the
Secretary may prescribe."
(2) S CORPORATIONS. -- Section 6037 (relating to return of S
corporation) is amended --
(A) by striking out "Every" and inserting in lieu thereof "(a)
In General. -- Every", and
(B) by adding at the end thereof the following new subsection:
"(b) COPIES TO SHAREHOLDERS. -- Each S corporation required to file a
return under subsection (a) for any taxable year shall (on or before the
day on which the return for such taxable year was filed) furnish to each
person who is a shareholder at any time during such taxable year a copy
of such information shown on such return as may be required by
regulations."
(3) PENALTY FOR FAILURE TO PROVIDE INFORMATION. -- Section
6678(a)(3) (relating to failure to furnish certain statements) is
amended by striking out "or" at the end of subparagraph (D), by
inserting "or" at the end of subparagraph (E), and by adding after
subparagraph (E) the following new subparagraph:
"(F) section 6031(b), 6034A, or 6037(b) (relating to statements
furnished by certain pass-thru entities),".
(4) CONFORMING AMENDMENT. -- The table of sections for subpart
A of III of subchapter A of chapter 61 is amended by adding after
the item relating to section 6034 the following new item:
"Sec. 6034A. Information to beneficiaries of estates and
trusts."
(5) EFFECTIVE DATE. -- The amendments made by this subsection
shall apply to taxable years beginning after December 31, 1984.
SEC. 715. EFFECTIVE DATE.
Any amendment made by this subtitle shall take effect as if included
in the provision of the Tax Equity and Fiscal Responsibility Act of 1982
to which such amendment relates.
SEC. 721. TECHNICAL CORRECTIONS OF SUBCHAPTER S REVISION ACT OF
1982.
(a) LIMITATION ON RECOGNITION OF GAIN IN THE CASE OF CERTAIN
DISTRIBUTIONS. --
(1) Section 1363 (relating to effect of election on
corporation) is amended by adding at the end thereof the following
new subsection:
(e) SUBSECTION (d) NOT TO APPLY TO COMPLETE LIQUIDATIONS AND
REORGANIZATIONS. -- Subsection (d) shall not apply to any distribution
--
"(1) of property is complete liquidation of the corporation, or
"(2) to the extent it consists of property permitted by section
354, 355, or 356 to be received without the recognition of gain."
(2) Subsection (d) of section 1363 is amended by striking out
"If" and inserting in lieu thereof "Except as provided in
subsection (e), if".
(b) COORDINATION WITH RULES RELATING TO INCOME FROM DISCHARGE OF
INDEBTEDNESS. --
(1) Paragraph (2) of section 1363(c) (relating to elections of
the S corporation) is amended by striking out subparagraph (A) and
by redesignating subparagraphs (B), (C), and (D) as subparagraphs
(A), (B), and (C), respectively.
(2) Subsection (d) of section 108 (relating to income from
discharge of indebtedness) is amended by redesignating paragraphs
(7), (8), and (9) as paragraphs (8), (9), and (10), respectively,
by striking out paragraph (6), and by inserting after paragraph
(5) the following new paragraphs:
"(6) SUBSECTIONS (a), (b), and (c) TO BE APPLIED AT PARTNER
LEVEL. -- In the case of a partnership, subsections (a), (b), and
(c) shall be applied at the partner level.
"(7) SPECIAL RULES FOR S CORPORATION. --
"(A) SUBSECTIONS (a), (b), and (c) TO BE APPLIED AT CORPORATE
LEVEL. -- In the case of an S corporation, subsections (a), (b),
and (c) shall be applied at the corporate level.
"(B) REDUCTION IN CARRYOVER OF DISALLOWED LOSSES AND
DEDUCTIONS. -- In the case of an S corporation, for purposes of
subparagraph (A) of subsection (b)(2), any loss or deduction which
is disallowed for the taxable year of the discharge under section
1366(d)(1) shall be treated as a net operating loss for such
taxable year. The preceding sentence shall not apply to any
discharge to the extent that subsection (a)(1)(C) applies to such
discharge.
"(C) COORDINATION WITH BASIS ADJUSTMENTS UNDER SECTION 1367(
b)(2). -- For purposes of subsection (e)(6), a shareholder's
adjusted basis in indebtedness of an S corporation shall be
determined without regard to any adjustments made under section
1367(b)(2)."
(c) TREATMENT OF INACTIVE SUBSIDIARIES. -- Paragraph (6) of section
1361(c) (relating to ownership of stock in certain inactive
corporations) is amended to read as follows:
"(6) OWNERSHIP OF STOCK IN CERTAIN INACTIVE CORPORATIONS. --
For purposes of subsection (b)(2)(A), a corporation shall not be
treated as a member of an affiliated group during any period
within a taxable year by reason of the ownership of stock in
another corporation if such other corporation --
"(A) has not begun business at any time on or before the close
of such period, and
"(B) does not have gross income for such period."
(d) TREATMENT OF WORTHLESS DEBT. -- Paragraph (3) of section 1367(b)
(relating to coordination with section 165(g)) is amended to read as
follows:
"(3) COORDINATION WITH SECTIONS 165(g) and 166(d). -- This
section and section 1366 shall be applied before the application
of sections 165(g) and 166(d) to any taxable year of the
shareholder or the corporation in which the security or debt
becomes worthless."
(e) ADJUSTMENT TO EARNINGS AND PROFITS FOR RECAPTURE UNDER SECTION
47. --
(1) Subsection (d) of section 1371 (relating to coordination
with investment credit recapture) is amended by adding at the end
thereof the following new paragraph:
"(3) ADJUSTMENT TO EARNINGS AND PROFITS FOR AMOUNT OF
RECAPTURE. -- Paragraph (1) of subsection (c) shall not apply to
any increase in tax under section 47 for which the S corporation
is liable."
(2) Paragraph (1) of section 1371(c) is amended by striking out
"paragraphs (2) and (3)" and inserting in lieu thereof "paragraphs
(2) and (3) and subsection (d)(3)".
(f) QUALIFIED SUBCHAPTER S TRUSTS. --
(1) GRACE PERIOD. -- Subparagraph (D) of section 1361(d)(2)
(relating to grade period) is amended by striking out "60 days"
and inserting in lieu thereof "15 days and 2 months".
(2) DEFINITION OF QUALIFIED SUBCHAPTER S TRUST. -- Subsection
(d) of section 1361 (relating to special rule for qualified
subchapter S trust) is amended by striking out paragraphs (3) and
(4) and inserting in lieu thereof the following:
"(3) QUALIFIED SUBCHAPTER S TRUST. -- For purposes of this
subsection, the term 'qualified subchapter S trust' means a trust
--
"(A) the terms of which require that --
"(i) during the life of the current income beneficiary, there
shall be only 1 income beneficiary of the trust,
"(ii) any corpus distributed during the life of the current
income beneficiary may be distributed only to such beneficiary,
"(iii) the income interest of the current income beneficiary in
the trust shall terminate on the earlier of such beneficiary's
death or the termination of the trust, and
"(iv) upon the termination of the trust during the life of the
current income beneficiary, the trust shall distribute all of its
assets to such beneficiary, and
"(B) all of the income (within the meaning of section 643(b))
of which is distributed (or required to be distributed) currently
to 1 individual who is a citizen or resident of the United States.
"(4) TRUST CEASING TO BE QUALIFIED. --
"(A) FAILURE TO MEET REQUIREMENTS OF PARAGRAPH (3)(A). -- If a
qualified subchapter S trust ceases to meet any requirement of
paragraph (3)(A), the provisions of this subsection shall not
apply to such trust as of the date it ceases to meet such
requirement.
"(B) FAILURE TO MEET REQUIREMENTS OF PARAGRAPH (3)(B). -- If
any qualified subchapter S trust ceases to meet any requirement of
paragraph (3)(B) but continues to meet the requirements of
paragraph (3)(A), the provisions of this subsection shall not
apply to such trust as of the first day of the first taxable year
beginning after the first taxable year for which it failed to meet
the requirements of paragraph (3)(B)."
(3) TECHNICAL AMENDMENT. -- Clause (i) of section 1361(d)(2)(
B) (relating to separate election with respect to each S
corporation) is amended by striking out "S corporation" each place
it appears and inserting in lieu thereof "corporation".
(g) COORDINATION WITH SECTION 338. --
(1) Paragraph (6) of section 1362(e) (relating to treatment of
S termination year) is amended by adding at the end thereof the
following new subparagraph:
"(C) PARAGRAPH (2) NOT TO APPLY TO ITEMS RESULTING FROM SECTION
338. -- Paragraph (2) shall not apply with respect to any item
resulting from the application of section 338."
(2) Paragraph (2) of section 1362(e) is amended by striking out
"as provided in paragraph (3)" and inserting in lieu thereof "as
provided in paragraph (3) and subparagraphs (C) and (D) of
paragraph (6)."
(h) ELECTION TO HAVE ITEMS ASSIGNED TO SHORT TAXABLE YEAR UNDER
NORMAL ACCOUNTING RULES. -- Subparagraph (B) of section 1362(e)(3)
(relating to election to have items assigned to each short taxable year
under normal accounting rules) is amended to read as follows:
"(B) SHAREHOLDERS MUST CONSENT TO ELECTION. -- An election
under this subsection shall be valid only if all persons who are
shareholders in the corporation at any time during the S short
year and all persons who are shareholders in the corporation on
the first day of the C short year consent to such election."
(i) ELECTION TO HAVE NEW PASSIVE INCOME RULES NOT APPLY DURING 1982.
-- Paragraph (3) of section 6(b) of the Subchapter S Revision Act of
1982 (relating to new passive income rules apply to taxable years
beginning during 1982) is amended by adding at the end thereof the
following new sentences: "The preceding sentence shall not apply in the
case of any corporation which elects (at such time and in such manner as
the Secretary of the Treasury or his delegate shall prescribe) to have
such sentence not apply. Subsection (e) shall not apply to any
termination resulting from an election under the preceding sentence."
(j) S CORPORATION TREATED AS PARTNERSHIP FOR PURPOSES OF SECTION 318.
-- Paragraph (5) of section 318(a) (relating to constructive ownership
of stock) is amended by adding at the end thereof the following new
subparagraphs:
"(E) S CORPORATION TREATED AS PARTNERSHIP. -- For purposes of
this subsection --
"(i) an S corporation shall be treated as a partnership, and
"(ii) any shareholder of the S corporation shall be treated as
a partner of such partnership.
The preceding sentence shall not apply for purposes of
determining whether stock in the S corporation is constructively
owned by any person."
(k) CLARIFICATION OF TREATMENT OF CERTAIN ELECTIONS UNDER PRIOR LAW.
-- Subsection (e) of section 6 of the Subchapter S Revision Act of 1982
(relating to treatment of certain elections under prior law) is amended
by striking out "any termination" and inserting in lieu thereof "any
termination or revocation".
(l) ELECTION FOR CERTAIN SHORT TAXABLE YEARS. --
(1) Subsection (b) of section 1362 (relating to when subchapter
S election made) is amended by adding at the end thereof the
following new paragraph:
"(4) TAXABLE YEARS OF 2 1/2 MONTHS OR LESS. -- For purposes of
this subsection, an election for a taxable year made not later
than 2 months and 15 days after the first day of the taxable year
shall be treated as timely made during such year."
(2) Paragraph (3) of section 1362(b) is amended by striking out
"on or before the last day of such taxable year" and inserting in
lieu thereof "on or before the 15th day of the 3rd month of the
following taxable year".
(m) TAXABLE YEAR OF EXISTING S CORPORATIONS. -- Paragraph (1) of
section 1378(c) (relating to existing S corporations required to use
permitted year after 50-percent shift in ownership) is amended by
striking out "which includes December 31, 1982" and inserting in lieu
thereof "which includes December 31, 1982 (or which is an S corporation
for a taxable year beginning during 1983 by reason of an election made
on or before October 19, 1982)".
(n) REFERENCES TO PRIOR LAW. -- Subsection (b) of section 1379
(relating to references to prior law included) is amended to read as
follows:
"(b) REFERENCES TO PRIOR LAW INCLUDED. -- Any references in this
title to a provision of this subchapter shall, to the extent not
inconsistent with the purposes of this subchapter, include a reference
to the corresponding provision as in effect before the enactment of the
Subchapter S Revision Act of 1982."
(o) ELECTION TO TREAT DISTRIBUTIONS AS DIVIDENDS DURING CERTAIN
POST-TERMINATION TRANSITION PERIODS. -- Subsection (e) of section 1371
(relating to coordination with subchapter C) is amended to read as
follows:
"(e) CASH DISTRIBUTIONS DURING POST-TERMINATION TRANSITION PERIOD.
--
"(1) IN GENERAL. -- Any distribution of money by a corporation
with respect to its stock during a post-termination transition
period shall be applied against and reduce the adjusted basis of
the stock, to the extent that the amount of the distribution does
not exceed the accumulated adjustments account.
"(2) ELECTION TO DISTRIBUTE EARNINGS FIRST. -- An S corporation
may elect to have paragraph (1) not apply to all distributions
made during a post-termination transition period described in
section 1377(b)(1)(A). Such election shall not be effective
unless all shareholders of the S corporation to whom distributions
are made by the S corporation during such post-termination
transition period consent to such election."
(p) CORPORATE PREFERENCE RULES APPLIED TO S CORPORATIONS WHICH WERE
RECENT C CORPORATIONS. -- Subsection (b) of section 1363 (relating to
computation of corporation's taxable income) is amended by striking out
"and" at the end of paragraph (2), by striking out the period at the end
of paragraph (3) and inserting in lieu thereof ", and", and by adding at
the end thereof the following new paragraph:
"(4) section 291 shall apply if the S corporation (or any
predecessor) was a C corporation for any of the 3 immediately
preceding taxable years."
(q) TREATMENT OF STOCK HELD BY ESTATE OF QUALIFIED TRANSFEROR. --
Clause (i) of section 1378(c)(3)(B) (relating to existing S corporations
required to use permitted year after 50-percent shift in ownership) is
amended by striking out "who held" and inserting in lieu thereof "who
(or whose estate) held".
ACCOUNT. --
(1) Subparagraph (A) of section 1368(e)(1) (defining
accumulated adjustments account) is amended by striking out
"(except that" and all that follows through the end thereof and
inserting in lieu thereof the following: "(except that no
adjustment shall be made for income (and related expenses) which
is exempt from tax under this title and the phrase '(but not below
zero)' shall be disregarded in section 1367(b)(2)(A))".
(2) Subsection (c) of section 1368 (relating to S corporation
having earnings and profits) is amended by adding at the end
thereof the following new sentence: "Except to the extent
provided in regulations, if the distributions during the taxable
year exceed the amount in the accumulated adjustments account at
the close of the taxable year, for purposes of this subsection,
the balance of account shall be allocated among such distributions
in proportion to their respective sizes."
(s) SPECIAL RULES FOR CERTAIN EXPENSES OF S CORPORATIONS. --
Paragraph (1) of section 267(f) (as in effect on the day before the date
of the enactment of this Act) is amended by striking out all that
follows subparagraph (B) and inserting in lieu thereof the following:
"then any deduction allowable under such sections in respect of such
amount shall be allowable as of the day as of which such amount is
includible in the gross income of the persons to whom the payment is
made (or, if later, as of the day on which it would be so allowable but
for this paragraph)."
(t) PRO RATA ALLOCATION FOR S TERMINATION YEAR NOT TO APPLY IF
50-PERCENT CHANGE IN OWNERSHIP. -- Paragraph (6) of section 1362(e)
(relating to special rules) is amended by adding at the end thereof the
following new subparagraph:
"(D) PRO RATA ALLOCATION FOR S TERMINATION YEAR NOT TO APPLY IF
50-PERCENT CHANGE IN OWNERSHIP. -- Paragraph (2) shall not apply
to an S termination year if there is a sale or exchange of 50
percent or more of the stock in such corporation during such
year."
(u) TREATMENT OF PREDECESSOR CORPORATION UNDER SECTION 1374. --
Paragraph (2) of section 1374(c) (relating to exception for new
corporations) is amended --
(1) by striking out "(and any predecessor corporation)" in
subparagraph (A), and
(2) by adding at the end thereof the following new sentence:
"To the extent provided in regulations, an S corporation and any
predecessor corporation shall be treated as 1 corporation for purposes
of this paragraph and paragraph (1)."
(v) AUTHORITY TO WAIVE TAX ON PASSIVE INVESTMENT INCOME. -- Section
1375 (relating to tax imposed when passive investment income of
corporation having subchapter C earnings and profits exceeds 25 percent
of gross receipts) is amended by adding at the end thereof the following
new subsection:
"(d) WAIVER OF TAX IN CERTAIN CASES. -- If the S corporation
establishes to the satisfaction of the Secretary that --
"(1) it determined in good faith that it had no subchapter C
earnings and profits at the close of a taxable year, and
"(2) during a reasonable period of time after it was determined
that it did have subchapter C earnings and profits at the close of
such taxable year such earnings and profits were distributed,
the Secretary may waive the tax imposed by subsection (a) for such
taxable year."
(w) APPLICATION OF DEBT RESTORATION RULES. -- Subparagraph (B) of
section 1367(b)(2) (relating to adjustments in basis of indebtedness) is
amended by striking out "for any taxable year there is" and inserting in
lieu thereof "for any taxable year beginning after December 31, 1982,
there is".
(x) CLERICAL AMENDMENTS. --
(1) Clause (i) of section 48(k)(5)(D) is amended by striking
out "electing small business corporation" and inserting in lieu
thereof "S corporation".
(2) Subparagraph (B) of section 465(a)(1) (relating to
limitation to amount at risk) is amended by striking out "a
corporation" and inserting in lieu thereof "a C corporation".
(3) Subsection (e) of section 1371 (relating to cash
distributions during post-termination transition period) is
amended by inserting before the period at the end thereof the
following: "(within the meaning of section 1368(e))".
(4) Paragraph (2) of section 6659(f) is amended by striking out
"section 465(a)(1)(C)" and inserting in lieu thereof "section
465(a)(1)(B)".
(5) Subparagraph (C) of section 6362(d)(2) is amended by
striking out "electing small business corporation (within the
meaning of section 1371(a))" and inserting in lieu thereof "an S
corporation".
(y) EFFECTIVE DATES. --
(1) IN GENERAL. -- Except as otherwise provided in this
subsection, any amendment made by this section shall take effect
as if included in the Subchapter S Revision Act of 1982.
(2) AMENDMENT MADE BY SUBSECTION (b)(2). -- Subparagraph (C) of
section 108(d)(7) of the Internal Revenue Code of 1954 (as amended
by subsection (b)(2)) shall apply to contributions to capital
after December 31, 1980, in taxable years ending after such date.
(3) AMENDMENT MADE BY SUBSECTION (g) (1). -- If --
(A) any portion of a qualified stock purchase is pursuant to a
binding contract entered into on or after October 19, 1982, and
before the date of the enactment of this Act, and
(B) the purchasing corporation establishes by clear and
convincing evidence that such contract was negotiated on the
contemplation that, with respect to the deemed sale under section
338 of the Internal Revenue Code of 1954, paragraph (2) of section
1362(e) of such Code would apply,
then the amendment made by paragraph (1) of subsection (g)
shall not apply to such qualified stock purchase.
(4) AMENDMENTS MADE BY SUBSECTION (1). -- The amendments made
by subsection (1) shall apply to any election under section 1362
of the Internal Revenue Code of 1954 (or any corresponding
provision of prior law) made after October 19, 1982.
(5) AMENDMENT MADE BY SUBSECTION (t). -- If --
(A) on or before the date of the enactment of this Act 50
percent or more of the stock of an S corporation has been sold or
exchanged in 1 or more transactions, and
(B) the person (or persons) acquiring such stock establish by
clear and convincing evidence that such acquisitions were
negotiated on the contemplation that paragraph (2) of section
1362(e) of the Internal Revenue Code of 1954 would apply to the S
termination year in which such sales or exchanges occur,
then the amendment made by subsection (t) shall not apply to
such S termination year.
SEC. 722. MISCELLANEOUS PROVISIONS.
(a) AMENDMENTS RELATED TO TECHNICAL CORRECTIONS ACT OF 1982. --
(1) Paragraph (12) of section 57(a) (relating to accelerated
cost recovery deduction) is amended --
(A) by striking out "(or, in the case of property described in
section 167(k), under section 167)" in subparagraph (A), and
(B) by inserting "(or, in the case of property described in
section 167(k), under section 167)" after "section 168(a)" in
subparagraph (B).
(2) Subparagraph (A) of section 1256(g)(1) (defining foreign
currency contract) is amended by inserting after "delivery of" the
following: ", or the settlement of which depends on the value
of,".
(3) Subclause (I) of section 306(a)(8)(A)(ii) of the Technical
Corrections Act of 1982 is amended by striking out "the date of
the enactment of the Tax Equity and Fiscal Responsibility Act of
1982" and inserting in lieu thereof "September 1, 1982".
(4)(A) Subparagraph (A) of section 172(b)(2) (relating to
amount of carrybacks and carryovers) is amended by striking out
"and (6)" and inserting in lieu thereof "and (5)".
(B) Subsection (d) of section 172 (relating to modifications)
is amended by redesignating paragraphs (7) and (8) as paragraphs
(6) and (7), respectively.
(5) Subsection (b) of section 5684 is amended by striking out
"subsections (a) and (b)" and inserting in lieu thereof
"subsection (a)".
(6) Any amendment made by this subsection shall take effect as
if included in the provisions of the Technical Corrections Act of
1982 to which such amendment relates.
(7)(A) If --
(i) there is an overpayment of tax imposed by section 4986 of
the Internal Revenue Code of 1954 for any period before January 1,
1983, by reason of section 201(h)(1)(E) of the Technical
Corrections Act of 1982,
(ii) refund of such overpayment is payable to the partners of a
partnership, and
(iii) such partners are obligated to pay over any such refund
to 1 or more organizations referred to in such section 201(h)(1)(
E),
such partnership shall be treated as authorized to act for each
person who was a partner at any time in such partnership in
claiming and paying over such refund.
(B) Notwithstanding section 6511 of the Internal Revenue Code
of 1954, the time for filing a claim for credit or refund of the
overpayment referred to in subparagraph (A)(i) shall not expire
before the date 1 year after the date of the enactment of this
Act.
(b) COORDINATION OF CERTAIN AMENDMENTS MADE BY HIGHWAY REVENUE ACT OF
1982 AND PUBLIC LAW 97-473. -- For purposes of applying the amendments
made by section 547 of the Highway Revenue Act of 1982 and the amendment
made by section 202(b)(2) of Public Law 97-473, Public Law 97-473 shall
be deemed to have been enacted immediately before the Highway Revenue
Act of 1982.
(c) NO DESIGNATION OF PRINCIPAL CAMPAIGN COMMITTEE REQUIRED WHERE
ONLY ONE POLITICAL COMMITTEE. -- Effective for taxable years beginning
after December 31, 1981, subparagraph (B) of section 527(h)(2) (relating
to special rule for principal campaign committees) is amended by adding
at the end thereof the following new sentence: "Nothing in this
subsection shall be construed to require any designation where there is
only one political committee with respect to a candidate."
(d) AMOUNT OF CREDIT FOR PRODUCING FUEL FROM A NONCONVENTIONAL SOURCE
IN CASE OF FISCAL YEAR TAXPAYER. --
(1) Subparagraph (A) of section 44D(b)(1) (relating to credit
for producing fuel from a nonconventional source) is amended by
striking out "in which the taxable year begins" and inserting in
lieu thereof "in which the sale occurs".
(2) Paragraph (2) of section 44D(b) is amended by striking out
"in which a taxable year begins" and inserting in lieu thereof "in
which the sale occurs".
(3) The amendments made by this subsection shall apply to
taxable years ending after December 31, 1979.
(e) BASIS ADJUSTMENTS IN PARTNERSHIP INTERESTS AND SUBCHAPTER S STOCK
FOR PERCENTAGE DEPLETION. --
(1) PARTNERSHIP INTERESTS. -- Paragraph (3) of section 705(a)
(relating to determination of basis of partner's interest) is
amended to read as follows:
"(3) decreased (but not below zero) by the amount of the
partner's deduction for depletion for any partnership oil and gas
property to the extent such deduction does not exceed the
proportionate share of the adjusted basis of such property
allocated to such partner under section 613A(c)(7)(D)."
(2) SUBCHAPTER S STOCK. -- Subparagraph (E) of section 1367(
a)(2) (relating to adjustments to basis of stock of shareholders,
etc.) is amended to read as follows:
"(E) the amount of the shareholder's deduction for depletion
for any oil and gas property held by the S corporation to the
extent such deduction does not exceed the proportionate share of
the adjusted basis of such property allocated to such shareholder
under section 613A(c)(13)(B)."
(3) EFFECTIVE DATE. --
(A) The amendment made by paragraph (1) shall take effect on
January 1, 1975.
(B) The amendment made by paragraph (2) shall apply to taxable
years beginning after December 31, 1982.
(f) CLARIFICATION OF INCREASE IN BASIS FOR GAIN RECOGNIZED ON
TRANSFER TO PARTNERSHIP. --
(1) IN GENERAL. -- Sections 722 and 723 are each amended by
striking out "gain recognized" and inserting in lieu thereof "gain
recognized under section 721(b)".
(2) EFFECTIVE DATE. -- The amendments made by paragraph (1)
shall take effect as if included in the amendments made by section
2131 of the Tax Reform Act of 1976.
(g) AMENDMENTS RELATED TO INCOME TAXES OF CERTAIN MILITARY AND
CIVILIAN EMPLOYEES OF THE UNITED STATES DYING AS A RESULT OF INJURIES
SUSTAINED OVERSEAS. --
(1) EFFECTIVE DATE. -- Paragraph (1) of section 1(b) of Public
Law 98-259 is amended by striking out "December 31, 1979" and
inserting in lieu thereof "November 17, 1978".
(2) REQUIREMENT THAT EMPLOYMENT RELATIONSHIP EXIST AT TIME OF
INJURY. -- Paragraph (1) of section 692 (relating to certain
military and civilian employees of the United States dying as a
result of injuries sustained overseas) is amended by striking out
"as a result of wounds or injury incurred" and inserting in lieu
thereof "as a result of wounds or injury which was incurred while
the individual was a military or civilian employee of the United
States and which was incurred".
(3) CLARIFICATION OF DEFINITION OF TERRORISTIC ACTIVITY AGAINST
THE UNITED STATES. -- Subparagraph (A) of section 692(c)( 2)
(defining terroristic or military action) is amended to read as
follows:
"(A) any terroristic activity which a preponderance of the
evidence indicates was directed against the United States or any
of its allies, and ".
(4) TREATMENT OF DIRECTOR GENERAL OF MULTINATIONAL FORCE IN
SINAI. -- For purposes of section 692(c) of the Internal Revenue
Code of 1954, the Director General of the Multinational Force and
Observers in the Sinai who died on February 15, 1984, shall be
treated as if he were a civilian employee of the United States
while he served as such Director General.
(5) EFFECTIVE DATE. --
(A) IN GENERAL. -- The amendments made by this subsection shall
take effect as if they were included in the amendments made by
section 1 of Public Law 98-259.
(B) STATUTE OF LIMITATIONS WAIVED. -- Notwithstanding section
6511 of the Internal Revenue Code of 1954, the time for filing a
claim for credit or refund of any overpayment of tax resulting
from the amendments made by this subsection shall not expire
before the date 1 year after the date of the enactment of this
Act.
(h) AMENDMENTS TO THE INTEREST AND DIVIDENT TAX COMPLIANCE ACT of
1983. --
(1) BROKER NOTIFICATION OF PAYOR. --
(A) Subparagraph (A) of section 3406(d)(2) (relating to special
rules for readily tradable instruments) is amended --
(i) by inserting "the payor was notified by a broker under
subparagraph (B) or" after "if (and only if)", and
(ii) by striking out clause (i) and redesignating clauses (ii)
and (iii) as clauses (i) and (ii).
(B) Subparagraph (B) of section 3406(d)(2) is amended to read
as follows:
"(B) BROKER NOTIFIES PAYOR. -- If --
"(i) a payee acquires any readily tradable instrument through a
broker, and
"(ii) with respect to such acquisition --
"(I) the payee fails to furnish his TIN to the broker in the
manner required under subsection (a)(1)(A),
"(II) the Secretary notifies such broker before such
acquisition that the TIN furnished by the payee is incorrect,
"(III) the Secretary notifies such broker before such
acquisition that such payee is subject to withholding under
subsection (a)(1)(C), or
"(IV) the payee does not provide a certification to such broker
under subparagraph (C),
such broker shall, within such period as the Secretary may
prescribe by regulations (but not later than 15 days after such
acquisition), notify the payor that such payee is subject to
withholding under subparagraph (A), (B), (C), or (D) of subsection
(a)(1), respectively."
(2) NOTIFIED PAYEE UNDERREPORTING. -- Paragraph (1) of section
3406(c) (relating to notified payee underreporting) is amended by
striking out "(but not the reasons therefor)" and inserting in
lieu thereof "(but not the reasons for the withholding under
subsection (a)(1)(C))".
(3) APPLICATION WITH TRUSTS. -- Section 643 (relating to
definitions applicable to trusts) is amended by adding at the end
thereof the following new subsection:
"(d) COORDINATION WITH BACK-UP WITHHOLDING. -- Except to the extent
otherwise provided in regulations, this subchapter shall be applied with
respect to payments subject to withholding under section 3406 --
"(1) by allocating between the estate or trust and its
beneficiaries any credit allowable under section 31(c) (on the
basis of their respective shares of any such payment taken into
account under this subchapter),
"(2) by treating each beneficiary to whom such credit is
allocated as if an amount equal to such credit has been paid to
him by the estate or trust, and
"(3) by allowing the estate or trust a deduction in an amount
equal to the credit so allocated to beneficiaries."
(4) COORDINATION OF PENSION AND BACK-UP WITHHOLDING. --
(A) Section 3405(d) (relating to definitions and special rules)
is amended by adding at the end thereof the following new
paragraph:
"(12) FAILURE TO PROVIDE CORRECT TIN. -- If --
"(A) a payee fails to furnish his TIN to the payor in the
manner required by the Secretary, or
"(B) the Secretary notifies the payor before any payment or
distribution that the TIN furnished by the payee if incorrect.
no election under subsection (a)(2) or (b)(3) shall be treated
as in effect and subsection (a)(4) shall not apply to such payee."
(B) Section 6041(a) (relating to information at source) is
amended by inserting "6047(e)," after "6044(a)(1),".
(5) EFFECTIVE DATES. --
(A) Except as provided in this paragraph, the amendments made
by this subsection shall apply as if included in the amendments
made by the Interest and Dividend Tax Compliance Act of 1983.
(B) The amendments made by paragraph (4) shall apply to
payments or distributions after December 31, 1984, unless the
payor elects to have such amendments apply to payments or
distributions before January 1, 1985.
SEC. 731. VALUE OF USED COMPONENTS FURNISHED BY FIRST USER NOT TAKEN
INTO ACCOUNT IN DETERMINING PRICE
Subparagraph (B) of section 4052(b)(1) (relating to determination of
price) is amended by striking out "and" at the end of clause (ii) and by
inserting after clause (iii) the following new clause:
"(iv) the value of any component of such article if --
"(I) such component is furnished by the first user of such
article, and
"(II) such component has been used before such furnishing,
and".
SEC. 732. CLARIFICATION OF APPLICATION OF GASOLINE EXCISE TAX TO
GASOHOL, ETC.
(a) GASOLINE EXCISE TAX TO APPLY TO GALLON OF GASOHOL. --
(1) IN GENERAL. -- Paragraph (1) of section 4081(c) (relating
to gasoline mixed with alcohol) is amended to read as follows:
"(1) IN GENERAL. -- Under regulations prescribed by the
Secretary, subsection (a) shall be applied --
"(A) by substituting '4 cents' for '9 cents' in the case of the
sale of any gasohol (the gasoline in which was not taxed under
subparagraph (B)), and
"(B) by substituting '4 4/9 cents' for '9 cents' in the case of
the sale of any gasoline for use in producing gasohol.
For purposes of this paragraph, the term 'gasohol' means any
mixture of gasoline if at least 10 percent of such mixture is
alcohol."
(2) LATER SEPARATION OF GASOLINE. -- Paragraph (2) of section
4081(c) is amended --
(A) by striking out "at the rate of 4 cents a gallon" and
inserting in lieu thereof "at a rate equivalent to 4 cents a
gallon", and
(B) by striking out "5 cents a gallon" and inserting in lieu
thereof "4 5/9 cents a gallon".
(3) CREDIT OR REFUND. -- Paragraph (1) of section 6427(f)
(relating to gasoline used to produce certain alcohol fuels) is
amended by striking out "5 cents" and inserting in lieu thereof "4
5/9 cents".
(b) LOWER FLOOR STOCKS TAX ON GASOHOL. -- Subsection (a) of section
521 of the Highway Revenue Act of 1982 is amended by inserting "(4 cents
a gallon in the case of a gallon of gasohol, as defined in section
4081(c))" after "5 cents a gallon".
SEC. 733. CERTAIN CHAIN OPERATORS OF RETAIL GASOLINE STATIONS
TREATED AS PRODUCERS.
(a) IN GENERAL. -- Subsection (d) of section 4082 (defining wholesale
distributor) is amended to read as follows:
"(d) WHOLESALE DISTRIBUTOR. -- As used in subsection (a), the term
'wholesale distributor' includes --
"(1) any person who --
"(A) sells gasoline to producers, retailers, or to users who
purchase in bulk quantities and deliver into bulk storage tanks,
or
"(B) purchases gasoline from a producer and distributes such
gasoline to 10 or more retail gasoline stations under common
management with such person,
"(2) but only if such person elects to register with respect to
the tax imposed by section 4081.
Such term does not include any person who (excluding the term
'wholesale distributor' from subsection (a)) is a producer or importer."
(b) EFFECTIVE DATE. -- The amendment made by subsection (a) shall
take effect on the first day of the first calendar quarter beginning
after the date of the enactment of this Act.
SEC. 734. OTHER TECHNICAL AMENDMENTS.
(a) FLOOR STOCKS REFUNDS FOR TIRES TAXED AT LOWER RATE AFTER JANUARY
1, 1984. --
(1) IN GENERAL. -- Paragraph (1) of section 523(b) of the
Highway Revenue Act of 1982 (relating to floor stocks refunds for
tires) is amended by inserting "(or will be subject to a lower
rate of tax under such section)" after "and which will not be
subject to tax under such section".
(2) AMOUNT OF REFUND LIMITED TO REDUCTION IN TAX, ETC. --
(A) IN GENERAL. -- Subsection (b) of section 523 of the Highway
Revenue Act of 1982 (relating to floor stocks refunds for tires)
is amended by adding at the end thereof the following new
paragraph:
"(3) SPECIAL RULES FOR TIRES TAXED AT LOWER RATE AFTER JANUARY
1, 1984. -- In the case of any tire which is a tax-repealed
article solely by reason of the amendment made by subsection (a)(
1) or (d) of section 734 of the Tax Reform Act of 1984 --
"(A) the amount of the credit or refund under subsection (a)
shall not exceed the excess of --
"(i) the tax imposed with respect to such tire by section
4071(a) as in effect on December 31, 1983, over
"(ii) the tax which would have been imposed with respect to
such tire by section 4071(a) on January 1, 1984, and
"(B) paragraph (1) of section 522(a) shall be applied --
"(i) by substituting 'January 1, 1985' for 'July 1, 1983', and
"(ii) by substituting 'April 1, 1985' for 'October 1, 1983'
each place it appears."
(B) CONFORMING AMENDMENT. -- Paragraph (2) of section 523(b) of
such Act is amended by striking out "In the case of' and inserting
in lieu thereof "Except as provided in paragraph (3), in the case
of".
(b) OVERPAYMENTS OF TAX ON TRUCKS, ETC., AND TIRES. --
(1) TRUCKS, ETC. --
(A) IN GENERAL. -- Subsection (b) of section 6416 (relating to
special cases in which tax payments considered overpayments) is
amended by inserting after paragraph (5) the following new
paragraph:
"(6) TRUCK CHASSIS, BODIES, AND SEMITRAILERS USED FOR FURTHER
MANUFACTURE. -- If --
"(A) the tax imposed by section 4051 has been paid with respect
to the sale of any article, and
"(B) before any other use, such article is by any person used
as a component part of another article taxable under section 4051
manufactured or produced by him,
such tax shall be deemed to be an overpayment by such person.
For purposes of the preceding sentence, an article shall be
treated as having been used as a component part of another article
if, had it not been broken or rendered useless in the manufacture
or production of such other article, it would have been so used."
"(B) TECHNICAL AMENDMENT. -- Subparagraph (B) of section 6416(
a)(2) is amended by striking out "or (5)" and inserting in lieu
thereof "(5), or (6)".
(2) TIRES. --
(A) IN GENERAL. -- Paragraph (4) of section 6416(b) (relating
to tires) is amended to read as follows:
"(4) TIRES. -- If --
"(A) the tax imposed by section 4071 has been paid with respect
to the sale of any tire by the manufacturer, producer, or importer
thereof, and
"(B) such tire is sold by any person on or in connection with,
or with the sale of, any other article, such tax shall be deemed
to be an overpayment by such person if such other article is --
"(i) an automobile bus chassis or an automobile bus body, or
"(ii) by such person exported, sold to a State or local
government for the exclusive use of a State or local government,
sold to a nonprofit educational organization for its exclusive
use, or used or sold for use as supplies for vessels or aircraft."
(B) TECHNICAL AMENDMENTS. --
(i) Paragraph (2) of section 6416(b) is amended by striking out
subparagraph (E).
(ii) Paragraph (3) of section 6416(b) (relating to tax-paid
articles used for further manufacture, etc.) is amended by
striking out subparagraph (C).
(iii) Subparagraph (C) of section 6416(a)(1) is amended by
striking out ", (b)(3)(C) or (D), or (b)(4)".
(iv) Subparagraph (B) of section 6416(a)(2), as amended by
paragraph (1)(B), is amended by inserting "(4)," before "(5)".
(v) Paragraph (3) of section 6416(a) is amended to read as
follows:
"(3) SPECIAL RULE. -- For purposes of this subsection, in any
case in which the Secretary determines that an article is not
taxable, the term 'ultimate purchaser' (when used in paragraph
(1)(B) of this subsection) includes a wholesaler, jobber,
distributor, or retailer who, on the 15th day after the date of
such determination, holds such article for sale; but only if
claim for credit or refund by reason of this paragraph is filed on
or before the date for filing the return with respect to the taxes
imposed under chapter 32 for the first period which begins more
than 60 days after the date on such determination."
(c) ALLOWANCE OF TAX-FREE SALES OF GASOLINE FOR USE IN NON-COMMERCIAL
AVIATION. --
(1) IN GENERAL. -- Section 4082 (relating to definitions with
respect to the tax on gasoline) is amended by adding at the end
thereof the following new subsection:
"(e) CERTAIN SELLERS OF GASOLINE FOR USE IN NONCOMMERCIAL AVIATION
TREATED AS PRODUCERS. -- For purposes of this subpart, the term
'producer' includes any person who regularly sells gasoline to owners,
lessees, or operators of aircraft for use as fuel in such aircraft in
noncommercial aviation (as defined in section 4041(c)(4))."
(2) REFUNDS. -- Section 6427 (relating to fuels not used for
taxable purposes) is amended by redesignating subsections (j),
(k), and (l) as subsections (k), (l), and (m), respectively, and
by inserting after subsection (i) the following new subsection:
"(j) SPECIAL RULES WITH RESPECT TO NONCOMMERCIAL AVIATION. --
For purposes of subsection (a), in the case of gasoline --
"(1) on which tax was imposed under section 4041(c)(2),
"(2) on which tax was not imposed under section 4081, and
"(3) which was not used as an off-highway business use (within
the meaning of section 6421(d)(2)),
the amount of the payment under subsection (a) shall be an amount
equal to the amount of gasoline used as described in subsection (a) or
resold multiplied by the rate equal to the excess of the rate of tax
imposed by section 4041(c)(2) over the rate of tax imposed by section
4081."
(3) EFFECTIVE DATE. -- The amendments made by this subsection
shall take effect on the first day of the first calendar quarter
beginning after the date of the enactment of this Act.
(d) FLOOR STOCKS REFUNDS FOR TREAD RUBBER. -- Paragraph (1) of
section 523(b) of the Highway Revenue Act of 1982 (relating to floor
stocks refunds for tires) is amended by adding at the end thereof the
following new sentence: "Any tread rubber which was subject to tax
under section 4071(a)(4) as in effect on December 31, 1983, and which on
January 1, 1984, is part of a retread tire which is held by a dealer and
has not been used and is intended for sale shall be treated as a
tax-repealed article for purposes of subsection (a) of section 522."
(e) PENALTIES, ETC., TO APPLY TO FLOOR STOCKS TAXES. -- Subsection
(c) of section 521 of the Highway Revenue Act of 1982 is amended by
adding at the end thereof the following: "All other provisions of law,
including penalties, applicable with respect to the taxes imposed by
section 4081 or 4071(a) (whichever is appropriate) shall apply to the
floor stocks taxes imposed by this section."
(f) NO 1984 SHORT TAXABLE PERIOD FOR OWNER-OPERATORS. -- Subsection
(a) of section 4481 (relating to tax on use of certain vehicles), as in
effect before the amendments made by the Highway Revenue Act of 1982, is
amended by striking out the last sentence.
(g) CLARIFICATION OF SECONDARY LIABILITY OF INSTALLERS OF PARTS AND
ACCESSORIES PURCHASED SEPARATELY. -- The text of section 4051(b)(3) is
amended to read as follows: "The owners of the trade or business
installing the parts or accessories shall be secondarily liable for the
tax imposed by paragraph (1)."
(h) NO INFERENCE FOR PAST PERIODS TO BE DRAWN FROM AMENDMENT RELATING
TO CUSTOMARY USE OF TRAILERS. -- The subsection heading of subsection
(c) of section 513 of the Highway Revenue Act of 1982 is amended by
striking out "Clarification of".
(i) WIRE TRANSFER TO FEDERAL RESERVE BANK REQUIRED WHERE EXTENSION OF
PAYMENT DUE DATE FOR CERTAIN FUEL TAXES. -- Subsection (a) of section
518 of the Highway Revenue Act of 1982 (relating to extension of payment
due date for certain fuel taxes) is amended by striking out "any
government depository authorized under section 6302 of such Code" and
inserting in lieu thereof ", except as provided in regulations
prescribed by the Secretary of the Treasury or his delegate, any Federal
Reserve Bank".
(j) CREDIT OR REFUND OF RETAIL TAX ON TRUCKS AND TRAILERS WHERE PRICE
READJUSTMENTS. -- Subparagraph (A) of section 6416(b)(1) (relating to
price readjustments) is amended by inserting "or by section 4051" after
"by chapter 32".
SEC. 735. REPEAL OF CERTAIN PROVISIONS MADE OBSOLETE BY HIGHWAY
REVENUE ACT OF 1982.
(a) DELETION OF TERMINATED MANUFACTURERS EXCISE TAX ON MOTOR
VEHICLES. --
(1) Part I of subchapter A of chapter 32 is amended by striking
out sections 4061, 4062, and 4063.
(2) The part heading and the table of sections for such part I
are amended to read as follows:
"Sec. 4064. Gas guzzlers tax."
(3) The table of parts for subchapter A of chapter 32 is
amended by striking out the item relating to part I and inserting
in lieu thereof the following:
"Part I. Gas guzzlers."
(b) CROSS-REFERENCES TO TERMINATED MANUFACTURERS EXCISE TAX ON MOTOR
VEHICLES STATED AS PART OF RETAIL TAX. --
(1) EXEMPTIONS. -- Section 4053 (relating to exemptions from
retail tax on heavy trucks, etc.) is amended to read as follows:
"SEC. 4053. EXEMPTIONS.
"No tax shall be imposed by section 4051 on any of the following
articles:
"(1) CAMPER COACHES BODIES FOR SELF-PROPELLED MOBILE HOMES. --
Any article designed --
"(A) to be mounted or placed on automobile trucks, automobile
truck chassis, or automobile chassis, and
"(B) to be used primarily as living quarters or camping
accommodations.
"(2) FEED, SEED, AND FERTILIZER EQUIPMENT. -- Any body
primarily designed --
"(A) to process or prepare seed, feed, or fertilizer for use on
farms,
"(B) to haul feed, seed, or fertilizer to and on farms,
"(C) to spread feed, seed, or fertilizer on farms,
"(D) to load or unload feed, seed, or fertilizer on farms, or
"(E) for any combination of the foregoing.
"(3) HOUSE TRAILERS. -- Any house trailer.
"(4) AMBULANCES, HEARSES, ETC. -- Any ambulance, hearse, or
combination ambulance-hearse.
"(5) CONCRETE MIXERS. -- Any article designed --
"(A) to be placed or mounted on an automobile truck chassis or
truck trailer or semitrailer chassis, and
"(B) to be used to process or prepare concrete.
"(6) TRASH CONTAINERS, ETC. -- Any box, container, receptacle,
bin or other similar article --
"(A) which is designed to be used as a trash container and is
not designed for the transportation of freight other than trash
and
"(B) which is not designed to be permanently mounted on or
permanently affixed to an automobile truck chassis or body.
"(7) RAIL TRAILERS AND RAIL VANS. -- Any chassis or body of a
trailer or semitrailer which is designed for use both as a highway
vehicle and a railroad car. For purposes of the preceding
sentence, piggy-back trailer or semitrailer shall not be treated
as designed for use as a railroad car."
(2) CERTAIN COMBINATIONS NOT TREATED AS MANUFACTURE. --
Subsection (c) of section 4052 (relating to definitions and
special rules) is amended to read as follows:
"(c) CERTAIN COMBINATIONS NOT TREATED AS MANUFACTURE. --
"(1) IN GENERAL. -- For purposes of this subchapter (other than
subsection (a)(3)(B)), a person shall not be treated as engaged in
the manufacture of any article by reason of merely combining such
article with any item listed in paragraph (2).
"(2) ITEMS. -- The items listed in this paragraph are any
coupling device (including any fifth wheel), wrecker crane,
loading and unloading equipment (including any crane, hoist,
winch, or power liftgate), aerial ladder or tower, snow and ice
control equipment, earthmoving, excavation and construction
equipment, spreader, sleeper cab, cab shield, or wood or metal
floor."
(c) OTHER TECHNICAL AND CONFORMING AMENDMENTS. --
(1) Clause (i) of section 48(1)(16)(B) (defining qualified
intercity bus) is amended to read as follows:
"(i) the chassis of which is an automobile bus chassis and the
body of which is an automobile bus body,".
(2)(A) The first sentence of section 4071(b) is amended by
striking out "or inner tube" and by striking out "or tube" each
place it appears.
(B) The first sentence of section 4071(c) is amended by
striking out "on total weight," and all that follows and inserting
in lieu thereof "on total weight exclusive of metal rims or rim
bases."
(C) Subsection (e) of section 4071 is amended --
(i) by striking out "or inner tubes (other than bicycle tires
and inner tubes)",
(ii) by striking out "and inner tubes" in paragraphs (1) and
(2), and
(iii) by striking out the last sentence and inserting in lieu
thereof the following: This subsection shall not apply with
respect to the sale of an automobile bus chassis or an automobile
bus body."
(D) Subsection (f) of section 4071 (relating to imported
recapped or retreaded United States tires) is hereby repealed.
(3) Section 4072 (relating to definitions) is amended by
striking out subsection (b) and by redesignating subsection (c) as
subsection (b).
(4) Section 4073 (relating to exemptions) is amended to read as
follows:
"SEC. 4073. EXEMPTION FOR TIRES WITH INTERNAL WIRE FASTENING.
"The tax imposed by section 4071 shall not apply to tires of extruded
tiring with an internal wire fastening agent."
(5)(A) The heading for part II of subchapter A of chapter 32 is
amended by striking out "AND TUBES".
(B) The table of parts for subchapter A of chapter 32 is
amended by striking out "and tubes" in the item relating to part
II.
(C) The item relating to section 4073 in the table of sections
for part II of subchapter A of chapter 32 is amended to read as
follows:
"Sec. 4073. Exemption for tires with internal wire fastening."
(6)(A) Paragraph (1) of section 4216(b) (defining constructive
sale price) is amended --
(i) by striking out "(other than an article the sale of which
is taxable under section 4061(a))" in the second sentence, and
(ii) by striking out the third sentence.
(B) Paragraph (2) of section 4216(b) is amended by striking out
subparagraph (C), by adding "and" at the end of subparagraph (B),
and by redesignating subparagraph (D) as subparagraph (C).
(C) Subsection (b) of section 4216 is amended by striking out
paragraph (5).
(D) Paragraph (3) of section 4216(b) is amended by striking out
"paragraphs (4) and (5)" and inserting in lieu thereof "paragraph
(4)".
(E) Paragraph (6) of section 4216(b) is redesignated as
paragraph (5) and is amended by striking out "(1), (3), and (5)"
and inserting in lieu thereof "(1) and (3)".
(F) Subsection (f) of section 4216 (relating to certain trucks
incorporating used components) is hereby repealed.
(7)(A) Subsection (b) of section 4218 (relating to use by
manufacturer or importer considered as sale) is amended --
(i) by striking out "or inner tube", and
(ii) by striking out "Except as provided in subsection (d), if"
and inserting in lieu thereof "If".
(B) The heading for subsection (b) of section 4218 is amended
by striking out "and Tubes".
(C) Section 4218 is amended by striking out subsections (c) and
(d) and by redesignating subsection (e) as subsection (c).
(D) Subsection (a) of section 4218 is amended by striking out
"(other than an article specified in subsection (b), (c), or (d))"
and inserting in lieu thereof "(other than a tire taxable under
section 4071)".
(8)(A) Subsection (a) of section 4221 (relating to tax-free
sales) is amended by inserting "(or under section 4051 on the
first retail sale)" after "manufacturer".
(B) Subsection (c) of section 4221 is amended by striking out
"section 4063(a) (6) or (7), 4063(b), 4063(e)," and inserting in
lieu thereof "section 4053(a)(6)".
(C) Paragraph (1) of section 4221(d) (defining manufacturer) is
amended by inserting before the period", and, in the case of the
tax imposed by section 4051, includes the retailer with respect to
the first retail sale".
(D) Paragraph (6) of section 4221(d) (relating to use in
further manufacture) is amended --
(i) by striking out subparagraph (B) and the last sentence,
(ii) by striking out "(other than an article referred to in
subparagraph (B))" in subparagraph (A),
(iii) by redesignating subparagraph (C) as subparagraph (B),
and
(iv) by adding "or" at the end of subparagraph (A).
(E) Paragraph (2) of section 4221(e) is amended --
(i) by striking out "or inner tube" each place it appears;
and
(ii) by striking out "or tube" each place it appears.
(F) The heading for paragraph (2) of section 4221(e) is amended
by striking out "AND TUBES".
(G) Subsection (e) of section 4221 is amended by striking out
paragraphs (4), (5), and (6) and inserting in lieu thereof the
following:
"(3) TIRES USED ON INTERCITY, LOCAL, AND SCHOOL BUSES. -- Under
regulations prescribed by the Secretary, the tax imposed by
section 4071 shall not apply in the case of tires sold for use by
the purchaser on or in connection with a qualified bus."
(9) Subsection (d) of section 4222 is amended by striking out
"4063(a)(7), 4063(b), 4063(e)," and inserting in lieu thereof
"4053(a)(6),".
(10) Paragraph (1) of section 4223(b) is amended by striking
out "section 4218(e)" and inserting in lieu thereof "4218(c)".
(11) Paragraph (2) of section 4227 is amended by striking out
"and tubes".
(12)(A) So much of paragraph (1) of section 6412(a) (relating
to floor stock refunds) as precedes "there shall be credited or
refunded" is amended to read as follows:
"(1) TIRES AND GASOLINE. -- Where before October 1, 1988, any
article subject to the tax imposed by section 4071 or 4081 has
been sold by the manufacturer, producer, or importer and on such
date is held by a dealer and has not been used and is intended for
sale,"
(B) Paragraph (1) of section 6412(a) is amended by striking out
the last sentence.
(C) Subparagraph (A) of section 6412(a)(2) is amended to read
as follows:
"(A) The term 'dealer' includes a wholesaler, jobber,
distributor, or retailer."
(D) Subsection (c) of section 6412 is amended by striking out
"4061, 4071," and inserting in lieu thereof "4071".
(13)(A) Subparagraph (C) of section 6416(b)(1) (relating to
adjustment of tire price) is amended by striking out "section
4071(a)(1) or (2) or section 4071(b)" and inserting in lieu
thereof "subsection (a) or (b) of section 4071".
(B) Paragraph (2) of section 6416(b) is amended by striking out
subparagraph (F) and all that follows to the end thereof and
inserting in lieu thereof the following:
"(E) in the case of any tire taxable under section 4071(a),
sold to any person for use as described in section 4221(e)(3); or
"(F) in the case of gasoline, used or sold for use in the
production of special fuels referred to in section 4041.
Subparagraphs (C) and (D) shall not apply in the case of any
tax paid under section 4064."
(C) Paragraph (3) of section 6416(b) is amended by striking out
all subparagraphs and the last sentence thereof and inserting in
lieu thereof the following:
"(A) in the case of any article other than gasoline taxable
under section 4081, such article is used by the subsequent
manufacturer or producer as material in the manufacture or
production of, or as a component part of --
"(i) another article taxable under chapter 32, or
"(ii) an automobile bus chassis or an automobile bus body,
manufactured or produced by him; or
"(B) in the case of gasoline taxable under section 4081, such
gasoline is used by the subsequent manufacturer or producer, for
nonfuel purposes, as a material in the manufacture or production
of any other article manufactured or produced by him."
(D) Subparagraph (B) of section 6416(a)(2) is amended by
striking out "or (B)".
(E) Section 6416 is amended by striking out subsections (c) and
(g) and by redesignating subsections (e), (f), (h), and (i) as
subsections (c), (d), (e), and (f), respectively.
(F) Subparagraph (A) of section 6416(b)(2) is amended by
striking out "(except in any case to which subsection (g)
applies)".
(14) Section 6511 is amended by striking out subsection (i) and
redesignating subsection (j) as subsection (i).
(15) Paragraph (3) of section 9502(b) is amended by striking
out "under paragraphs (2) and (3) of section 4071(a), with respect
to tires and tubes of types used on aircraft" and inserting in
lieu thereof "under section 4071 with respect to tires of the
types used on aircraft".
(16) Sections 1366(f)(1) and 6401(b) are each amended by
striking out ", special fuels, and lubricating oil" and inserting
in lieu thereof "and special fuels".
SEC. 736. EFFECTIVE DATE.
Except as otherwise provided in this subtitle, any amendment made by
this subtitle shall take effect as if included in the provisions of the
Highway Revenue Act of 1982 to which such amendment relates.
SEC. 801. FOREIGN SALES CORPORATIONS.
(a) IN GENERAL. -- Part III of subchapter N of chapter 1 (relating
to income from sources outside the United States) is amended by
inserting after subpart B the following new subpart:
"Subpart C -- Taxation of Foreign Sales Corporations
"Sec. 921. Exempt foreign trade income excluded from gross
income.
"Sec. 922. FSC defined.
"Sec. 923. Exempt foreign trade income.
"Sec. 924. Foreign trading gross receipts.
"Sec. 925. Transfer pricing rules.
"Sec. 926. Distributions to shareholders.
"Sec. 927. Other definitions and special rules.
"SEC. 921. EXEMPT FOREIGN TRADE INCOME EXCLUDED FROM GROSS INCOME.
"(a) EXCLUSION. -- Exempt foreign trade income of a FSC shall be
treated as foreign source income which is not effectively connected with
the conduct of a trade or business within the United States.
"(b) PROPORTIONATE ALLOCATION OF DEDUCTIONS TO EXEMPT FOREIGN TRADE
INCOME. -- Any deductions of the FSC properly apportioned and allocated
to the foreign trade income derived by a FSC from any transaction shall
be allocated between --
"(1) the exempt foreign trade income derived from such
transaction, and
"(2) the foreign trade income (other than exempt foreign trade
income) derived from such transaction, on a proportionate basis.
"(c) DENIAL OF CREDITS. -- Notwithstanding any other provision of
this chapter, no credit (other than a credit allowable under section
27(a), 33, or 34) shall be allowed under this chapter to any FSC.
"(d) FOREIGN TRADE INCOME, INVESTMENT INCOME, AND CARRYING CHARGES
TREATED AS EFFECTIVELY CONNECTED WITH UNITED STATES BUSINESS. -- For
purposes of this chapter --
"(1) all foreign trade income of a FSC other than --
"(A) exempt foreign trade income, and
"(B) section 923(a)(2) non-exempt income,
"(2) all interest, dividends, royalties, and other investment
income received or accrued by a FSC, and
"(3) all carrying charges received or accrued by a FSC,
shall be treated as income effectively connected with a trade or
business conducted through a permanent establishment of such corporation
within the United States. Income described in paragraph (1) shall be
treated as derived from sources within the United States.
"SEC. 922. FSC DEFINED.
"(a) FSC DEFINED. -- For purposes of this title, the term 'FSC'
means any corporation --
"(1) which --
"(A) was created or organized --
"(i) under the laws of any foreign country which meets the
requirements of section 927(e)(3), or
"(ii) under the laws applicable to any possession of the United
States,
"(B) has no more than 25 shareholders at any time during the
taxable year,
"(C) does not have any preferred stock outstanding at any time
during the taxable year,
"(D) during the taxable year --
"(i) maintains an office located outside the United States in a
foreign country which meets the requirements of section 927(e)( 3)
or in any possession of the United States,
"(ii) maintains a set of the permanent books of account
(including invoices) of such corporation at such office, and
"(iii) maintains at a location within the United States the
records which such corporation is required to keep under section
6001,
"(E) at all times during the taxable year, has a board of
directors which includes at least one individual who is not a
resident of the United States, and
"(F) is not a member, at any time during the taxable year, of
any controlled group of corporations of which a DISC is a member,
and
"(2) which has made an election (at the time and in the manner
provided in section 927(f)(1) which is in effect for the taxable
year to be treated as a FSC.
"(b) SMALL FSC DEFINED. -- For purposes of this title, a FSC is a
small FSC with respect to any taxable year if --
"(1) such corporation has made an election (at the time and in
the manner provided in section 927(f)(1) which is in effect for
the taxable year to be treated as a small FSC, and
"(2) such corporation is not a member, at any time during the
taxable year, of a controlled group of corporations which includes
a FSC unless such other FSC has also made an election under
paragraph (1) which is in effect for such year.
"SEC. 923. EXEMPT FOREIGN TRADE INCOME.
"(a) EXEMPT FOREIGN TRADE INCOME. -- For purposes of this subpart --
"(1) IN GENERAL. -- The term 'exempt foreign trade income'
means the aggregate amount of all foreign trade income of a FSC
for the taxable year which is described in paragraph (2) or (3).
"(2) INCOME DETERMINED WITHOUT REGARD TO ADMINISTRATIVE PRICING
RULES. -- In the case of any transaction to which paragraph (3)
does not apply, 32 percent of the foreign trade income derived
from such transaction shall be treated as described in this
paragraph. For purposes of the preceding sentence, foreign trade
income shall not include any income properly allocable to excluded
property described in subparagraph (B) of section 927(a)(2)
(relating to intangibles).
"(3) INCOME DETERMINED WITH REGARD TO ADMINISTRATIVE PRICING
RULES. -- In the case of any transaction with respect to which
paragraph (1) or (2) of section 925(a) (or the corresponding
provisions of the regulations prescribed under section 925(b))
applies, 16/23 of the foreign trade income derived from such
transaction shall be treated as described in this paragraph.
"(4) SPECIAL RULE FOR FOREIGN TRADE INCOME ALLOCABLE TO A
COOPERATIVE. --
"(A) IN GENERAL. -- In any case in which a qualified
cooperative is a shareholder of a FSC, paragraph (3) shall be
applied with respect to that portion of the foreign trade income
of such FSC for any taxable year which is properly allocable to
the marketing of agricultural or horticultural products (or the
providing of related services) by such cooperative by substituting
'100 percent' for '16/23'.
"(B) PARAGRAPH ONLY TO APPLY TO AMOUNTS FSC DISTRIBUTES. --
Subparagraph (A) shall not apply for any taxable year unless the
FSC distributes to the qualified cooperative the amount which (but
for such subparagraph) would not be treated as exempt foreign
trade income. Any distribution under this subparagraph for any
taxable year --
"(i) shall be made before the due date for filing the return of
tax for such taxable year, but
"(ii) shall be treated as made on the last day of such taxable
year.
"(5) SPECIAL RULE FOR MILITARY PROPERTY. -- Under regulations
prescribed by the Secretary, that portion of the foreign trading
gross receipts of the FSC for the taxable year attributable to the
disposition of, or services relating to, military property (within
the meaning of section 995(b)(3)(B) which may be treated as exempt
foreign trade income shall equal 50 percent of the amount which
(but for this paragraph) would be treated as exempt foreign trade
income.
"(b) FOREIGN TRADE INCOME DEFINED. -- For purposes of this subpart,
the term 'foreign trade income' means the gross income of a FSC
attributable to foreign trading gross receipts.
"SEC. 924. FOREIGN TRADING GROSS RECEIPTS.
"(a) IN GENERAL. -- Except as otherwise provided in this section,
for purposes of this subpart, the term 'foreign trading gross receipts'
means the gross receipts of any FSC which are --
"(1) from the sale, exchange, or other disposition of export
property,
"(2) from the lease or rental of export property for use by the
lessee outside the United States,
"(3) for services which are related and subsidiary to --
"(A) any sale, exchange, or other disposition of export
property by such corporation, or
"(B) any lease or rental of export property described in
paragraph (2) by such corporation,
"(4) for engineering or architectural services for construction
projects located (or proposed for location) outside the United
States, or
"(5) for the performance of managerial services for an
unrelated FSC or DISC in furtherance of the production of foreign
trading gross receipts described in paragraph (1), (2), or (3).
Paragraph (5) shall not apply to a FSC for any taxable year unless at
least 50 percent of its gross receipts for such taxable year is derived
from activities described in paragraph (1), (2), or (3).
"(b) FOREIGN MANAGEMENT AND FOREIGN ECONOMIC PROCESS REQUIREMENTS.
--
"(1) IN GENERAL. -- Except as provided in paragraph (2) --
"(A) a FSC shall be treated as having foreign trading gross
receipts for the taxable year only if the management of such
corporation during such taxable year takes place outside the
United States as required by subsection (c), and
"(B) a FSC has foreign trading gross receipts from any
transaction only if economic processes with respect to such
transaction take place outside the United States as required by
subsection (d).
"(2) EXCEPTION FOR SMALL FSC. --
"(A) IN GENERAL. -- Paragraph (1) shall not apply with respect
to any small FSC.
"(B) LIMITATION ON AMOUNT OF FOREIGN TRADING GROSS RECEIPTS OF
SMALL FSC TAKEN INTO ACCOUNT. --
"(i) IN GENERAL. -- Any foreign trading gross receipts of a
small FSC for the taxable year which exceed $5,000,000 shall not
be taken into account in determining the exempt foreign trade
income of such corporation and shall not be taken into account
under any other provision of this subpart.
"(ii) ALLOCATION OF LIMITATION. -- If the foreign trading
gross receipts of a small FSC exceed the limitation of clause (i),
the corporation may allocate such limitation among such gross
receipts in such manner as it may select (at such time and in such
manner as may be prescribed in regulations).
"(iii) RECEIPTS OF CONTROLLED GROUP AGGREGATED. -- For
purposes of applying clauses (i) and (ii), all small FSC's which
are members of the same controlled group of corporations shall be
treated as a single corporation.
"(iv) ALLOCATION OF LIMITATION AMONG MEMBERS OF CONTROLLED
GROUP. -- The limitation under clause (i) shall be allocated
among the foreign trading gross receipts of small FSC's which are
members of the same controlled group of corporations in a manner
provided in regulations prescribed by the Secretary.
"(c) REQUIREMENT THAT FSC BE MANAGED OUTSIDE THE UNITED STATES. --
The management of a FSC meets the requirements of this subsection for
the taxable year if --
"(1) all meetings of the board of directors of the corporation,
and all meetings of the shareholders of the corporation, are
outside the United States,
"(2) the principal bank account of the corporation is
maintained outside the United States at all times during the
taxable year, and
"(3) all dividends, legal and accounting fees, and salaries of
officers and members of the board of directors of the corporation
disbursed during the taxable year are disbursed out of bank
accounts of the corporation maintained outside the United States.
"(d) REQUIREMENT THAT ECONOMIC PROCESSES TAKE PLACE OUTSIDE THE
UNITED STATES. --
"(1) IN GENERAL. -- The requirements of this subsection are
met with respect to the gross receipts of a FSC derived from any
transaction if --
"(A) such corporation (or any person acting under a contract
with such corporation) has participated outside the United States
in the solicitation (other than advertising), the negotiation, or
the making of the contract relating to such transaction, and
"(B) the foreign direct costs incurred by the FSC attributable
to the transaction equal or exceed 50 percent of the total direct
costs attributable to the transaction.
"(2) ALTERNATIVE 85-PERCENT TEST. -- A corporation shall be
treated as satisfying the requirements of paragraph (1)(B) with
respect to any transaction if, with respect to each of at least 2
paragraphs of subsection (e), the foreign direct costs incurred by
such corporation attributable to activities described in such
paragraph equal or exceed 85 percent of the total direct costs
attributable to activities described in such paragraph.
"(3) DEFINITIONS. -- For purposes of this subsection --
"(A) TOTAL DIRECT COSTS. -- The term 'total direct costs'
means, with respect to any transaction, the total direct costs
incurred by the FSC attributable to activities described in
subsection (e) performed at any location by the FSC or any person
acting under a contract with such FSC.
"(B) FOREIGN DIRECT COSTS. -- The term 'foreign direct costs'
means, with respect to any transaction, the portion of the total
direct costs which are attributable to activities performed
outside the United States.
"(4) RULES FOR COMMISSIONS, ETC. -- The Secretary shall
prescribe such regulations as may be necessary to carry out the
purposes of this subsection and subsection (e) in the case of
commissions, rentals, and furnishing of services.
"(e) ACTIVITIES RELATING TO DISPOSITION OF EXPORT PROPERTY. -- The
activities referred to in subsection (d) are --
"(1) advertising and sales promotion,
"(2) the processing of customer orders and the arranging for
delivery of the export property,
"(3) transportation from the time of acquisition by the FSC
(or, in the case of a commission relationship, from the beginning
of such relationship for such transaction) to the delivery to the
customer,
"(4) the determination and transmittal of a final invoice or
statement of account and the receipt of payment, and
"(5) the assumption of credit risk.
"(f) CERTAIN RECEIPTS NOT INCLUDED IN FOREIGN TRADING GROSS RECEIPTS.
--
"(1) CERTAIN RECEIPTS EXCLUDED ON BASIS OF USE; SUBSIDIZED
RECEIPTS AND RECEIPTS FROM RELATED PARTIES EXCLUDED. -- The term
'foreign trading gross receipts' shall not include receipts of a
FSC from a transaction if --
"(A) the export property or services --
"(i) are for ultimate use in the United States, or
"(ii) are for use by the United States or any instrumentality
thereof and such use of export property or services is required by
law or regulation,
"(B) such transaction is accomplished by a subsidy granted by
the United States or any instrumentality thereof, or
"(C) such receipts are from another FSC which is a member of
the same controlled group of corporations of which such
corporation is a member.
"(2) INVESTMENT INCOME; CARRYING CHARGES. -- The term
'foreign trading gross receipts' shall not include any investment
income or carrying charges.
"SEC. 925. TRANSFER PRICING RULES.
"(a) IN GENERAL. -- In the case of a sale of export property to a
FSC by a person described in section 482, the taxable income of such FSC
and such person shall be based upon a transfer price which would allow
such FSC to derive taxable income attributable to such sale (regardless
of the sales price actually charged) in an amount which does not exceed
the greatest of --
"(1) 1.83 percent of the foreign trading gross receipts derived
from the sale of such property by such FSC,
"(2) 23 percent of the combined taxable income of such FSC and
such person which is attributable to the foreign trading gross
receipts derived from the sale of such property by such FSC, or
"(3) taxable income based upon the sale price actually charged
(but subject to the rules provided in section 482).
Paragraphs (1) and (2) shall apply only if the FSC meets the
requirements of subsection (c) with respect to the sale.
"(b) RULES FOR COMMISSIONS, RENTALS, AND MARGINAL COSTING. -- The
Secretary shall prescribe regulations setting forth --
"(1) rules which are consistent with the rules set forth in
subsection (a) for the application of this section in the case of
commissions, rentals, and other income, and
"(2) rules for the allocation of expenditures in computing
combined taxable income under subsection (a)(2) in those cases
where a FSC is seeking to establish or maintain a market for
export property.
"(c) REQUIREMENTS FOR USE OF ADMINISTRATIVE PRICING RULES. -- A sale
by a FSC meets the requirements of this subsection if --
"(1) all of the activities described in section 924(e)
attributable to such sale, and
"(2) all of the activities relating to the solicitation (other
than advertising), negotiation, and making of the contract for
such sale,
have been performed by such FSC (or by another person acting under a
contract with such FSC).
"(d) LIMITATION ON GROSS RECEIPTS PRICING RULE. -- The amount
determined under subsection (a)(1) with respect to any transaction shall
not exceed 2 times the amount which would be determined under subsection
(a)(2) with respect to such transaction.
"(e) TAXABLE INCOME. -- For purposes of this section, the taxable
income of a FSC shall be determined without regard to section 921.
"(f) SPECIAL RULE FOR COOPERATIVES. -- In any case in which a
qualified cooperative sells export property to a FSC, in computing the
combined taxable income of such FSC and such organization for purposes
of subsection (a)(2), there shall not be taken into account any
deduction allowable under subsection (b) or (c) of section 1382
(relating to patronage dividends, per-unit retain allocations, and
nonpatronage distributions).
"SEC. 926. DISTRIBUTIONS TO SHAREHOLDERS.
"(a) DISTRIBUTIONS MADE FIRST OUT OF FOREIGN TRADE INCOME. -- For
purposes of this title, any distribution to a shareholder of a FSC by
such FSC which is made out of earnings and profits shall be treated as
made --
"(1) first, out of earnings and profits attributable to foreign
trade income, to the extent thereof, and
"(2) then, out of any other earnings and profits.
"(b) DISTRIBUTIONS BY FSC TO NONRESIDENT ALIENS AND FOREIGN
CORPORATIONS TREATED AS UNITED STATES CONNECTED. -- For purposes of
this title, any distribution by a FSC which is made out of earnings and
profits attributable to foreign trade income to any shareholder of such
corporation which is a foreign corporation or a nonresident alien
individual shall be treated as a distribution --
"(1) which is effectively connected with the conduct of a trade
or business conducted through a permanent establishment of such
shareholder within the United States, and
"(2) of income which is derived from sources within the United
States.
"(c) FSC INCLUDES FORMER FSC. -- For purposes of this section, the
term 'FSC' includes a former FSC.
"SEC. 927. OTHER DEFINITIONS AND SPECIAL RULES.
"(a) EXPORT PROPERTY. -- For purposes of this subpart --
"(1) IN GENERAL. -- The term 'export property' means property
--
"(A) manufactured, produced, grown, or extracted in the United
States by a person other than a FSC,
"(B) held primarily for sale, lease, or rental, in the ordinary
course of trade or business, by, or to, a FSC, for direct use,
consumption, or disposition outside the United States, and
(C) not more than 50 percent of the fair market value of which
is attributable to articles imported into the United States.
For purposes of subparagraph (C), the fair market value of any
article imported into the United States shall be its appraised value, as
determined by the Secretary under section 402 of the Tariff Act of 1930
(19 U.S.C. 1401a) in connection with its importation.
"(2) EXCLUDED PROPERTY. -- The term 'export property' shall
not include --
"(A) property leased or rented by a FSC for use by any member
of a controlled group of corporations of which such FSC is a
member,
"(B) patents, inventions, models, designs, formulas, or
processes whether or not patented, copyrights (other than films,
tapes, records, or similar reproductions, for commercial or home
use), good will, trademarks, trade brands, franchises, or other
like property,
"(C) oil or gas (or any primary product thereof), or
"(D) products the export of which is prohibited or curtailed to
effectuate the policy set forth in paragraph (2)(C) of section 3
of the Export Administration Act of 1979 (relating to the
protection of the domestic economy).
"(3) PROPERTY IN SHORT SUPPLY. -- If the President determines
that the supply of any property described in paragraph (1) is
insufficient to meet the requirements of the domestic economy, he
may by Executive order designate the property as in short supply.
Any property so designated shall not be treated as export property
during the period beginning with the date specified in the
Executive order and ending with the date specified in an Executive
order setting forth the President's determination that the
property is no longer in short supply.
"(4) QUALIFIED COOPERATIVE. -- The term 'qualified
cooperative' means any organization to which part I of subchapter
T applies which is engaged in the marketing of agricultural or
horticultural products.
"(b) GROSS RECEIPTS. --
"(1) IN GENERAL. -- For purposes of this subpart, the term
'gross receipts' means --
"(A) the total receipts from the sale, lease, or rental of
property held primarily for sale, lease, or rental in the ordinary
course of trade or business, and
"(B) gross income from all other sources.
"(2) GROSS RECEIPTS TAKEN INTO ACCOUNT IN CASE OF COMMISSIONS.
-- In the case of commissions on the sale, lease, or rental of
property, the amount taken into account for purposes of this
subpart as gross receipts shall be the gross receipts on the sale,
lease, or rental of the property on which such commissions arose.
"(c) INVESTMENT INCOME. -- For purposes of this subpart, the term
'investment income' means --
"(1) dividends,
"(2) interest,
"(3) royalties,
"(4) annuities,
"(5) rents (other than rents from the lease or rental of export
property for use by the lessee outside of the United States),
"(6) gains from the sale or exchange of stock or securities,
"(7) gains from future transactions in any commodity on, or
subject to the rules of, a board of trade or commodity exchange
(other than gains which arise out of a bona fide hedging
transaction reasonably necessary to conduct the business of the
FSC in the manner in which such business is customarily conducted
by others),
"(8) amounts includible in computing the taxable income of the
corporation under part I of subchapter J, and
"(9) gains from the sale or other disposition of any interest
in an estate or trust.
"(d) OTHER DEFINITIONS. -- For purposes of this subpart --
"(1) CARRYING CHARGES. -- The term 'carrying charges' means --
"(A) carrying charges, and
"(B) under regulations prescribed by the Secretary, any amount
in excess of the price for an immediate cash sale and any other
unstated interest.
"(2) TRANSACTION. --
"(A) IN GENERAL. -- The term 'transaction' means --
"(i) any sale, exchange, or other disposition,
"(ii) any lease or rental, and
"(iii) any furnishing of services.
"(B) GROUPING OF TRANSACTIONS. -- To the extent provided in
regulations, any provision of this subpart which, but for this
subparagraph, would be applied on a transaction-by-transaction
basis may be applied by the taxpayer on the basis of groups of
transactions based on product lines or recognized industry or
trade usage. Such regulations may permit different groupings for
different purposes.
"(3) UNITED STATES DEFINED. -- The term 'United States'
includes the Commonwealth of Puerto Rico.
"(4) CONTROLLED GROUP OF CORPORATIONS. -- The term 'controlled
group of corporations' has the meaning given to such term by
section 1563(a), except that --
"(A) 'more than 50 percent' shall be substituted for 'at least
80 percent' each place it appears therein, and
"(B) section 1563(b) shall not apply.
"(5) POSSESSIONS. -- The term 'possession of the United
States' means Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, and the Virgin Islands of the United
States.
"(6) SECTION 923(A)(2) NON-EXEMPT INCOME. -- The term 'section
923(a)(2) non-exempt income' means any foreign trade income from a
transaction with respect to which paragraph (1) or (2) of section
925(a) does not apply and which is not exempt foreign trade
income.
"(e) SPECIAL RULES. --
"(1) SOURCE RULES FOR RELATED PERSONS. -- Under regulations,
the income of a person described in section 482 from a transaction
giving rise to foreign trading gross receipts of a FSC which is
treated as from sources outside the United States shall not exceed
the amount which would be treated as foreign source income earned
by such person if the pricing rule under section 994 which
corresponds to the rule used under section 925 with respect to
such transaction applied to such transaction.
"(2) PARTICIPATION IN INTERNATIONAL BOYCOTTS, ETC. -- Under
regulations prescribed by the Secretary, the exempt foreign trade
income of a FSC for any taxable year shall be limited under rules
similar to the rules of clauses (i) and (ii) of section 995(b)(
1)(F).
"(3) EXCHANGE OF INFORMATION REQUIREMENTS. -- For purposes of
this title, the term 'FSC' shall not include any corporation which
was created or organized under the laws of any foreign country
unless, at the time such corporation was created or organized,
there was in effect between such country and the United States --
"(A) a bilateral or multilateral agreement described in section
274(h)(6)(C), or
"(B) an income tax treaty with respect to which the Secretary
certifies that the exchange of information program with such
country under such treaty carries out the purposes of this
paragraph.
"(4) DISALLOWANCE OF TREATY BENEFITS. -- Any corporation
electing to be treated as a FSC under subsection (f)(1) may not
claim any benefits under any income tax treaty between the United
States and any foreign country.
"(5) EXEMPTION FROM CERTAIN OTHER TAXES. -- No tax shall be
imposed by any jurisdiction described in subsection (d)(5) on any
foreign trade income derived before January 1, 1987.
"(f) ELECTION OF STATUS AS FSC (AND AS SMALL FSC). --
"(1) ELECTION. --
"(A) TIME FOR MAKING. -- An election by a corporation under
section 922(a)(2) to be treated as a FSC, and an election under
section 922(b)(1) to be a small FSC, shall be made by such
corporation for a taxable year at any time during the 90-day
period immediately preceding the beginning of the taxable year,
except that the Secretary may give his consent to the making of an
election at such other times as he may designate.
"(B) MANNER OF ELECTION. -- An election under subparagraph (A)
shall be made in such manner as the Secretary shall prescribe and
shall be valid only if all persons who are shareholders in such
corporation on the first day of the first taxable year for which
such election is effective consent to such election.
"(2) EFFECT OF ELECTION. -- If a corporation makes an election
under paragraph (1), then the provisions of this subpart shall
apply to such corporation for the taxable year of the corporation
for which made and for all succeeding taxable years.
"(3) TERMINATION OF ELECTION. --
"(A) REVOCATION. -- An election under this subsection made by
any corporation may be terminated by revocation of such election
for any taxable year of the corporation after the first taxable
year of the corporation for which the election is effective. A
termination under this paragraph shall be effective with respect
to such election --
"(i) for the taxable year in which made, if made at any time
during the first 90 days of such taxable year, or
"(ii) for the taxable year following the taxable year in which
made, if made after the close of such 90 days, and for all
succeeding taxable years of the corporation. Such termination
shall be made in such manner as the Secretary shall prescribe by
regulations.
"(B) CONTINUED FAILURE TO BE A FSC. -- If a corporation is not
a FSC for each of any 5 consecutive taxable years of the
corporation for which an election under this subsection is
effective, the election to be a FSC shall be terminated and not be
in effect for any taxable year of the corporation after such 5th
year.".
(b) DIVIDEND RECEIVED DEDUCTION FOR DOMESTIC CORPORATIONS. --
(1) IN GENERAL. -- Section 245 (relating to dividends received
from certain foreign corporations) is amended by redesignating
subsection (c) as subsection (d) and by inserting after subsection
(b) the following new subsection:
"(c) CERTAIN DIVIDENDS RECEIVED FROM FSC. --
"(1) IN GENERAL. -- In the case of a domestic corporation,
there shall be allowed as a deduction an amount equal to 100
percent of any dividend received by such corporation from another
corporation which is distributed out of earnings and profits
attributable to foreign trade income for a period during which
such other corporation was a FSC. The deduction allowable under
the preceding sentence with respect to any dividend shall be in
lieu of any deduction allowable under subsection (a) or (b) with
respect to such dividend.
"(2) EXCEPTION FOR CERTAIN DIVIDENDS. -- Paragraph (1) shall
not apply to any dividend which is distributed out of earnings and
profits attributable to foreign trade income which --
"(A) is section 923(a)(2) non-exempt income (within the meaning
of section 927(d)(6)), or
"(B) would not, but for section 923(a)(4), be treated as exempt
foreign trade income.
"(3) DEFINITIONS. -- For purposes of this subsection, the
terms 'foreign trade income' and 'exempt foreign trade income'
have the meaning given such terms by section 923.".
(2) CONFORMING AMENDMENTS. --
(A) Paragraph (1) of section 246(b) (relating to limitation on
aggregate amount of deduction) is amended by striking out "245"
each place it appears and inserting in lieu thereof "subsection
(a) or (b) of section 245".
(B) Subsection (d) of section 245 (relating to property
distributions), as redesignated by paragraph (1), is amended by
striking out "subsections (a) and (b)" and inserting in lieu
thereof "this section".
(c) CLARIFICATION OF INFORMATION EXCHANGE AGREEMENTS. -- Subparagraph
(D) of section 274(h)(6) (relating to coordination with section 6103) is
amended --
(1) by adding at the end thereof the following new sentence:
"The Secretary may exercise his authority under subchapter A of
chapter 78 to carry out any obligation of the United States under
an agreement referred to in subparagraph (C).", and
(2) by striking out the heading thereof and inserting in lieu
thereof "COORDINATION WITH OTHER PROVISIONS. -- ".
(d) CONFORMING AMENDMENTS. --
(1) Section 901 (relating to foreign tax credit) is amended by
redesignating subsection (h) as subsection (i) and inserting after
subsection (g) the following new subsection:
"(h) TAXES PAID WITH RESPECT TO FOREIGN TRADE INCOME. -- No credit
shall be allowed under this section for any income, war profits, and
excess profits taxes paid or accrued with respect to the foreign trade
income (within the meaning of section 923(b) of a FSC, other than
section 923(a)(2) non-exempt income (within the meaning of section 927(
d)(6).".
(2) Paragraph (1) of section 904(d) (relating to application of
section in case of certain interest income and dividends from a
DISC) as amended --
(A) by striking out "and" at the end of subparagraph (B),
(B) by striking out subparagraph (C) and inserting in lieu
thereof the following:
"(C) taxable income attributable to foreign trade income
(within the meaning of section 923(b)),
"(D) distributions from a FSC (or former FSC) out of earnings
and profits attributable to foreign trade income (within the
meaning of section 923(b)), and
"(E) income other than income described in subparagraph (A),
(B), (C), or (D).", and
(C) by striking out the heading and inserting in lieu thereof:
"(d) SEPARATE APPLICATION OF SECTION WITH RESPECT TO CERTAIN INTEREST
INCOME AND INCOME FROM DISC, FORMER DISC, FSC, OR FORMER FSC. -- ".
(3) Subsection (b) of section 906 (relating to special rules)
is amended by adding at the end thereof the following new
paragraph:
"(5) No credit shall be allowed under this section for any
income, war profits, and excess profits taxes paid or accrued with
respect to the foreign trade income (within the meaning of section
923(b)) of a FSC.".
(4) Section 951 (relating to amounts included in gross income
of shareholders) is amended by adding at the end thereof the
following new subsection:
"(e) FOREIGN TRADE INCOME NOT TAKEN INTO ACCOUNT. --
"(1) IN GENERAL. -- The foreign trade income of a FSC and any
deductions which are apportioned or allocated to such income shall
not be taken into account under this subpart. For purposes of the
preceding sentence, income described in paragraph (2) or (3) of
section 921(d) shall be treated as derived from sources within the
United States.
"(2) FOREIGN TRADE INCOME. -- For purposes of this subsection,
the term 'foreign trade income' has the meaning given such term by
section 923(b), but does not include section 923(a)( 2) non-exempt
income (within the meaning of section 927(d)(6)).".
(5) Paragraph (4) of section 275(a) (relating to disallowance
of deduction for certain taxes) is amended to read as follows:
"(4) Income, war profits, and excess profits taxes imposed by
the authority of any foreign country or possession of the United
States if --
"(A) the taxpayer chooses to take to any extent the benefits of
section 901, or
"(B) such taxes are paid or accrued with respect to foreign
trade income (within the meaning of section 923(b)) of a FSC.".
(6) Subsection (d) of section 1248 (relating to exclusions from
earnings and profits) is amended by adding at the end thereof the
following new paragraph:
"(6) FOREIGN TRADE INCOME. -- Earnings and profits of of
foreign corporation attributable to foreign trade income (within
the meaning of section 923(b)) of a FSC.".
(7) Section 934 (relating to limitation on reduction in income
tax liability incurred to the Virgin Islands) is amended by adding
at the end thereof the following new subsection:
"(f) FSC. -- Subsection (a) shall not apply in the case of a Virgin
Islands corporation which is a FSC.".
(8) Paragraph (2) of section 956(b) (defining United States
property) is amended by striking out "and" at the end of
subparagraph (G), by striking out the period at the end of
subparagraph (H) and inserting in lieu thereof a semicolon and
"and", and by adding at the end thereof the following new
subparagraph:
"(I) to the extent provided in regulations prescribed by the
Secretary, property which is otherwise United States property
which is held by a FSC and which is related to the export
activities of such FSC.".
(9) Subparagraph (B) of section 7651(5), as amended by this
Act, is amended by inserting "or subpart C of part III of
subchapter N of chapter 1" after "881(b)(1)".
(10) Section 996(g) (relating to effectively connected income)
is amended by inserting "and which are derived from sources within
the United States" after "United States".
(11) Section 936(f) (relating to DISC or former DISC ineligible
for credit) is amended to read as follows:
"(f) LIMITATION ON CREDIT FOR DISC's AND FSC's. -- No credit shall
be allowed under this section to a corporation for any taxable year --
"(1) for which it is a DISC or former DISC, or
"(2) in which it owns at any time stock in a --
"(A) DISC or former DISC, or
"(B) FSC or former FSC."
(12) Section 6011(c) (relating to returns of DISC's and former
DISC's) is amended --
(A) by inserting "or a FSC or former FSC" after "former DISC"
in paragraph (1), and
(B) by inserting "and FSC's and Former FSC's" after "Former
DISC's" in the heading thereof.
(13) Section 6072(c) (relating to returns by nonresident alien
individuals and foreign corporations) is amended by inserting "or
a FSC or former FSC" after "United States".
(14) Section 6501(g)(3) (relating to income tax returns of
DISC's) is amended by striking out "section 6011(e)(2)" and
inserting in lieu thereof "section 6011(c)(2)".
(15)(A) Section 6686 (relating to failure of DISC to file
returns) is amended --
(i) by striking out "section 6011(e)" and inserting in lieu
thereof "section 6011(c)", and
(ii) by striking out the heading thereof and inserting in lieu
thereof the following:
"SEC. 6686. FAILURE TO FILE RETURNS OR SUPPLY INFORMATION BY DISC OR
FSC."
(B) The table of sections for subchapter B of chapter 68 is
amended by striking out the item relating to section 6686 and
inserting in lieu thereof the following new item:
"Sec. 6686. Failure to file returns or supply information by
DISC or FSC."
SEC. 802. INTEREST CHARGE DISC.
(a) INTEREST CHARGE ON DEFERRED TAX. -- Section 995 (relating to
taxation of DISC income to shareholders) is amended --
(1) by striking out subsections (e) and (f),
(2) by redesignating subsection (g) as subsection (e), and
(3) by adding at the end thereof the following new subsection:
"(f) INTEREST ON DISC-RELATED DEFERRED TAX LIABILITY. --
"(1) IN GENERAL. -- A shareholder of a DISC shall pay for each
taxable year interest in an amount equal to the product of --
"(A) the shareholder's DISC-related deferred tax liability for
such year, and
"(B) the base period T-bill rate.
"(2) SHAREHOLDER'S DISC-RELATED DEFERRED TAX LIABILITY. -- For
purposes of this subsection --
"(A) IN GENERAL. -- The term 'shareholder's DISC-related
deferred tax liability' means, with respect to any taxable year of
a shareholder of a DISC, the excess of --
"(i) the amount which would be the tax liability of the
shareholder for the taxable year if the deferred DISC income of
such shareholder for such taxable year were included in gross
income as ordinary income, over
"(ii) the actual amount of the tax liability of such
shareholder for such taxable year.
Determinations under the preceding sentence shall be made
without regard to carrybacks to such taxable year.
"(B) ADJUSTMENTS FOR LOSSES, CREDITS, AND OTHER ITEMS. -- The
Secretary shall prescribe regulations which provide such
adjustments --
"(i) to the accounts of the DISC, and
"(ii) to the amount of any carryover or carryback of the
shareholder, as may be necessary or appropriate in the case of net
operating losses, credits, and carryovers, and carrybacks of
losses and credits.
"(C) TAX LIABILITY. -- The term 'tax liability' means the
amount of the tax imposed by this chapter for the taxable year
reduced by credits allowable against such tax (other than credits
allowable under sections 31, 32, and 34).
"(3) DEFERRED DISC INCOME. -- For purposes of this subsection
--
"(A) IN GENERAL. -- The term 'deferred DISC income' means,
with respect to any taxable year of a sharedholder, the excess of
--
"(i) the shareholder's pro rata share of accumulated DISC
income (for periods after 1984) of the DISC as of the close of the
computation year, over
"(ii) the amount of the distributions-in-excess-of-income for
the taxable year of the DISC following the computation year.
"(B) COMPUTATION YEAR. -- For purposes of applying
subparagraph (A) with respect to any taxable year of a
shareholder, the computation year is the taxable year of the DISC
which ends with (or within) the taxable year of the shareholder
which precedes the taxable year of the shareholder for which the
amount of deferred DISC income is being determined.
"(C) DISTRIBUTIONS-IN-EXCESS-OF-INCOME. -- For purposes of
subparagraph (A), the term 'distributions-in-excess-of-income'
means, with respect to any taxable year of a DISC, the excess (if
any) of --
"(i) the amount of actual distributions to the shareholder out
of accumulated DISC income, over
"(ii) the shareholder's pro rata share of the DISC income for
such taxable year.
"(3) BASE PERIOD T-BILL RATE. -- For purposes of this
subsection, the term 'base period T-bill rate' means the annual
rate of interest determined by the Secretary to be equivalent to
the average investment yield of United States Treasury bills with
maturities of 52 weeks which were auctioned during the 1-year
period ending on September 30 of the calendar year ending with (or
of the most recent calendar year ending before) the close of the
taxable year of the shareholder.
"(4) SHORT YEARS. -- The Secretary shall prescribe such
regulations as may be necessary for the application of this
subsection to short years of the DISC, the shareholder, or both.
"(5) PAYMENT AND ASSESSMENT AND COLLECTION OF INTEREST. -- The
interest accrued during any taxable year which a shareholder is
required to pay under paragraph (1) shall be treated, for purposes
of this title, as interest payable under section 6601 and shall be
paid by the shareholder at the time the tax imposed by this
chapter for such taxable year is required to be paid.".
(b) TAXABLE INCOME IN EXCESS OF $10,000,000 DEEMED DISTRIBUTED. --
(1) IN GENERAL. -- Subparagraph (E) of section 995(b)(1)
(relating to based period export gross receipts) is amended to
read as follows:
"(D) the taxable income of the DISC attributable to qualified
export receipts of the DISC for the taxable year which exceed
$10,000,000,".
(2) AGGREGATION OF RECEIPTS. -- Subsection (b) of section 995
(relating to deemed distributions) is amended by adding at the end
thereof the following new paragraph:
"(4) AGGREGATION OF QUALIFIED EXPORT RECEIPTS. --
"(A) IN GENERAL. -- For purposes of applying paragraph (1)(
E), all DISC's which are members of the same controlled group
shall be treated as a single corporation.
"(B) ALLOCATION. -- The dollar amount under paragraph (1)(E)
shall be allocated among the DISC's which are members of the same
controlled group in a manner provided in regulations prescribed by
the Secretary.".
(c) CONFORMING AMENDMENTS. --
(1) Subsection (a)(1) of section 992 (relating to definition of
DISC) is amended --
(A) by striking out "and" at the end of subparagraph (C),
(B) by striking out the period at the end of subparagraph (D)
and inserting in lieu thereof, "and", and
(C) by adding at the end thereof the following new
subparagraph:
"(E) such corporation is not a member of any controlled group
of which a FSC is a member.".
(2) Paragraph (3) of section 993(a) (relating to controlled
groups) is amended by striking out "such term by" and inserting in
lieu thereof "the term 'controlled group of corporations' by".
(3) Subsection (c) of section 999 (relating to international
boycott factor) is amended by striking out "995(b)(1)(F)(ii)" each
place it appears and inserting in lieu thereof "995(b)(1)( F)(i)".
(4) The table of subparts of part III of subchapter N of
chapter 1 is amended by inserting after the item relating to
subpart B the following new item:
"Subpart C. Taxation of foreign sales corporations."
TO TAXABLE YEAR OF MAJORITY SHAREHOLDER.
(a) IN GENERAL -- Subsection (b) of section 441 (relating to period
for computation of taxable income) is amended --
(1) by striking out "or" at the end of paragraph (2),
(2) by striking out the period at the end of paragraph (3) and
inserting in lieu thereof "; or", and
(3) by adding at the end thereof the following new paragraph:
"(4) in the case of a FSC or DISC filing a return for a period
of at least 12 months, the period determined under subsection
(h).".
(b) DETERMINATION OF TAXABLE YEAR. -- Section 441 is amended by
adding at the end thereof the following new subsection:
"(h) TAXABLE YEAR OF FSC's AND DISC's. --
"(1) IN GENERAL. -- For purposes of this subtitle, the taxable
year of any FSC or DISC shall be the taxable year of that
shareholder (or group of shareholders with the same 12-month
taxable year) who has the highest percentage of voting power.
"(2) SPECIAL RULE WHERE MORE THAN ONE SHAREHOLDER (OR GROUP)
HAS HIGHEST PERCENTAGE. -- If 2 or more shareholders (or groups)
have the highest percentage of voting power under paragraph (1),
the taxable year of the FSC or DISC shall be the same 12-month
period as that of any such shareholder (or group).
"(3) SUBSEQUENT CHANGES OF OWNERSHIP. -- The Secretary shall
prescribe regulations under which paragraphs (1) and (2) shall
apply to a change of ownership of a corporation after the taxable
year of the corporation has been determined under paragraph (1) or
(2) only if such change is a substantial change of ownership.
"(4) VOTING POWER DETERMINED. -- For purposes of this
subsection, voting power shall be determined on the basis of total
combined voting power of all classes of stock of the corporation
entitled to vote.".
SEC. 804. REPORTING REQUIREMENT.
(a) IN GENERAL. -- The Secretary of the Treasury shall, for calendar
year 1985 and each second calendar year thereafter, submit a report to
the Congress within 27 1/2 months following the close of such calendar
year setting forth an analysis of the operation and effect of the
provisions of this title.
(b) REPEAL OF DISC REPORTING REQUIREMENTS. --
(1) IN GENERAL. -- Section 806 of the Revenue Act of 1971
(relating to submission of annual reports to Congress) is hereby
repealed.
(2) EFFECTIVE DATE. -- The amendment made by paragraph (1)
shall apply to reports for calendar years after 1984.
SEC. 805. EFFECTIVE DATE; TRANSITION RULES.
(a) EFFECTIVE DATES. --
(1) IN GENERAL. -- Except as provided in this subsection, the
amendments made by this title shall apply to transactions after
December 31, 1984, in taxable years ending after such date.
(2) SPECIAL RULE FOR CERTAIN CONTRACTS. -- To the extent
provided in regulations prescribed by the Secretary, subsections
(c) and (d) of section 924 of the Internal Revenue Code of 1954
(as added by this title) shall not apply to --
(A) any contract with respect to which the taxpayer uses the
completed contract method of accounting and which --
(i) was entered into before March 16, 1984, or
(ii) was entered into after March 15, 1984, and before January
1, 1985, pursuant to a written plan to enter into such contract
which was in effect on March 15, 1984,
(B) any contract which was entered into before March 16, 1984,
except that this subparagraph shall only apply to the first 2
taxable years of the FSC ending after January 1, 1985, or such
later taxable years as the Secretary of the Treasury may
designate, or
(C) any contract which was entered into after March 15, 1984,
and before January 1, 1985, except that this subparagraph shall
only apply to the first taxable year of the FSC ending after
January 1, 1985, or such later taxable years as the Secretary of
the Treasury may designate.
(3) SECTION 801(d)(10). -- The amendment made by section 801(d)(10)
shall apply to distributions on or after June 22, 1984.
(4) SECTION 803. -- The amendments made by section 803 shall apply to
any DISC established after March 21, 1984.
(b) TRANSITION RULES FOR DISC'S. --
(1) CLOSE OF 1984 TAXABLE YEARS OF DISC'S. --
(A) IN GENERAL. -- For purposes of applying the Internal
Revenue Code of 1954, the taxable year of each DISC which begins
before January 1, 1985, and which (but for this paragraph) would
include January 1, 1985, shall close on December 31, 1984. For
purposes of such Code, the requirements of section 992(a)(1)(B) of
such Code (relating to percentage of qualified export assets on
last day of the taxable year) shall not apply to any taxable year
ending on December 31, 1984.
(B) UNDERPAYMENTS OF ESTIMATED TAX. -- To the extent provided
in regulations prescribed by the Secretary of the Treasury or his
delegate, no addition to tax shall be made under section 6654 or
6655 of such Code with respect to any underpayment of any
installment required to be paid before April 13, 1985, to the
extent the underpayment was created or increased by reason of
subparagraph (A).
(2) EXEMPTION OF ACCUMULATED DISC INCOME FROM TAX. --
(A) IN GENERAL. -- For purposes of applying the Internal
Revenue Code of 1954 with respect to actual distributions made
after December 31, 1984, by a DISC or former DISC which was a DISC
on December 31, 1984, any accumulated DISC income of a DISC or
former DISC (within the meaning of section 996(f)(1) of such Code)
which is derived before January 1, 1985, shall be treated as
previously taxed income (within the meaning of section 996(f)( 2)
of such Code) with respect to which there had previously been a
deemed distribution to which section 996(e)(1) of such Code
applied.
(B) EXCEPTION FOR DISTRIBUTION OF AMOUNTS PREVIOUSLY
DISQUALIFIED. -- Subparagraph (A) shall not apply to the
distribution of any accumulated DISC income of a DISC or former
DISC to which section 995(b)(2) of such Code applied by reason of
any revocation or disqualification (other than a revocation which
under regulations prescribed by Secretary results solely from the
provisions of title.
(3) INSTALLMENT TREATMENT OF CERTAIN DEEMED DISTRIBUTIONS OF
SHAREHOLDERS. --
(A) IN GENERAL. -- Notwithstanding section 995(b) of such Code,
if a shareholder of a DISC elects the application of this
paragraph, any qualified distribution shall be treated, for
purposes of such Code, as received by such shareholder in 10 equal
installments on the last day of each of the 10 taxable years of
such shareholder which begins after the first taxable year of such
shareholder beginning in 1984. The preceding sentence shall apply
without regard to whether the DISC exists after December 31, 1984.
(B) QUALIFIED DISTRIBUTION. -- The term 'qualified
distribution' means any distribution which a shareholder is deemed
to have received by reason of section 995(b) of such Code with
respect to income derived by the DISC in the first taxable year of
the DISC beginning --
(i) in 1984, and
(ii) after the date in 1984 on which the taxable year of such
shareholder begins.
(C) SHORTER PERIOD FOR INSTALLMENTS. -- The Secretary of the
Treasury or his delegate may by regulations provide for the
election by any shareholder to be treated as receiving a qualified
distribution over such shorter period as the taxpayer may elect.
(D) ELECTIONS. -- Any election under this paragraph shall be
made at such time and in such manner as the Secretary of the
Treasury or his delegate may prescribe.
(4) TREATMENT OF TRANSFERS FROM DISC TO FSC. -- Except to the extent
provided in regulations, section 367 of such Code shall not apply to
transfers made before January 1, 1986 (or, if later, the date 1 year
after the date on which the corporation ceases to be a DISC), to a FSC
of qualified export assets (as defined in section 993(b) of such Code)
held on August 4, 1983, by a DISC in a transaction described in section
351 or 368(a)(1) of such Code.
(5) DEEMED TERMINATION OF A DISC. -- Under regulations prescribed by
the Secretary, if any controlled group of corporations of which a DISC
is a member establishes a FSC, then any DISC which is a member of such
group shall be treated as having terminated its DISC status.
(6) DEFINITIONS. -- For purposes of this subsection, the terms "DISC"
and "former DISC" have the respective meanings given to such terms by
section 992 of such Code.
(c) SPECIAL RULE FOR EXPORT TRADE CORPORATIONS. --
(1) IN GENERAL. -- If, before January 1, 1985, any export trade
corporation --
(A) makes an election under section 927(f)(1) of the Internal
Revenue Code of 1954 to be treated as a FSC, or
(B) elects not to be treated as an export trade corporation
with respect to taxable years beginning after December 31, 1984,
rules similar to the rules of paragraphs (2) and (4) of subsection
(b) shall apply to such export trade corporation.
(2) TREATMENT OF TRANSFERS TO FSC. -- In the case of any export trade
corporation which --
(A) makes an election described in paragraph (1), and
(B) transfers before January 1, 1986, any portion of its
property to a FSC in a transaction described in section 351 or
368(a)(1),
then, subject to such rules as the Secretary of the Treasury or his
delegate may prescribe based on principles similar to the principles of
section 505(a) and (b) of the Revenue Act of 1971, no income, gain, or
loss shall be recognized on such transfer or on the distribution of any
stock of the FSC received (or treated as received) in connection with
such transfer.
(3) EXPORT TRADE CORPORATION. -- For purposes of this subsection, the
term "export trade corporation" has the meaning given such term by
section 971 of the Internal Revenue Code of 1954.
SEC. 901. REDUCTION OF HEAVY VEHICLE USE TAX.
(a) GENERAL RULE. -- Subsection (a) of section 4481 (as amended by
section 513(a) of the Highway Revenue Act of 1982) is amended to read as
follows:
"(a) IMPOSITION OF TAX. -- A tax is hereby imposed on the use of any
highway motor vehicle which (together with the semitrailers and trailers
customarily used in connection with highway motor vehicles of the same
type as such highway motor vehicle) has a taxable gross weight of at
least 55,000 pounds at the rate specified in the following table:
(b) SPECIAL RULES IN THE CASE OF CERTAIN OWNER-OPERATORS. --
(1) SPECIAL RULE FOR TAXABLE PERIOD BEGINNING ON JULY 1, 1984.
-- In the case of a small owner-operator, the amount of the tax
imposed by section 4481 of the Internal Revenue Code of 1954 on
the use of any highway motor vehicle subject to tax under section
4481(a) of such Code (as amended by subsection (a)) for the
taxable period which begins on July 1, 1984, shall be the lesser
of --
(A) $3 for each 1,000 pounds of taxable gross weight (or
fraction thereof), or
(B) the amount of the tax which would be imposed under such
section 4481(a) without regard to this paragraph.
(2) EXEMPTION FOR VEHICLES USED FOR LESS THAN 5,000 MILES (AND
CERTAIN OTHER AMENDMENTS) TO TAKE EFFECT ON JULY 1, 1984. -- In
the case of a small owner-operator, notwithstanding subsection
(f)(2) of section 513 of the Highway Revenue Act of 1982, the
amendments made by subsections (b), (c), and (d) of such section
shall take effect on July 1, 1984.
(3) SMALL OWNER-OPERATOR DEFINED. -- For purposes of this
subsection, the term "small owner-operator" has the meaning given
such term by section 513(f)(2) of the Highway Revenue Act of 1982.
(4) TAXABLE GROSS WEIGHT. -- For purposes of this subsection,
the term 'taxable gross weight' has the same meaning as when used
in section 4481 of the Internal Revenue Code of 1954.
(c) EFFECTIVE DATE. -- The amendment made by subsection (a) (and the
provisions of subsection (b)) shall take effect on July 1, 1984.
SEC. 902. SPECIAL RULES FOR TRUCKS USED IN LOGGING.
(a) IN GENERAL. -- Section 4483 (relating to exemptions from highway
use tax) is amended by redesignating subsection (e) as subsection (f)
and inserting after subsection (d) the following new subsection:
"(e) REDUCTION IN TAX FOR TRUCKS USED IN LOGGING. -- The tax imposed
by section 4481 shall be reduced by 25 percent with respect to any
highway motor vehicle if --
"(1) the exclusive use of such vehicle during any taxable
period is the transportation, to and from a point located on a
forested site, of products harvested from such forested site, and
"(2) such vehicle is registered (under the laws of the State in
which such vehicle is required to be registered) as a highway
motor vehicle used in the transportation of harvested forest
products.".
(b) EFFECTIVE DATE. -- The amendment made by this section shall take
effect on July 1, 1984.
SEC. 903. SPECIAL RULE FOR CERTAIN AGRICULTURAL VEHICLES.
(a) IN GENERAL. -- Subsection (d) of section 4483 (relating to
exemptions from highway use tax) is amended by redesignating paragraph
(5) as paragraph (6) and by inserting after paragraph (4) the following
new paragraph:
"(5) 7,500-MILES EXEMPTION FOR AGRICULTURAL VEHICLES. --
"(A) IN GENERAL. -- In the case of an agricultural vehicle,
paragraphs (1) and (2) shall be applied by substituting '7,500'
for '5,000' each place it appears.
"(B) DEFINITIONS. -- For purposes of this paragraph --
"(i) AGRICULTURAL VEHICLE. -- The term 'agricultural vehicle'
means any highway motor vehicle --
"(I) used primarily for farming purposes, and
"(II) registered (under the laws of the State in which such
vehicle is required to be registered) as a highway motor vehicle
used for farming purposes.
"(ii) FARMING PURPOSES. -- The term 'farming purposes' means
the transporting of any farm commodity to or from a farm or the
use directly in agricultural production.
"(iii) FARM COMMODITY. -- The term 'farm commodity' means any
agricultural or horticultural commodity, feed, seed, fertilizer,
livestock, bees, poultry, fur-bearing animals, or wildlife."
(b) EFFECTIVE DATE. -- The amendments made by subsection (a) shall
take effect as if included in the amendments made by section 513 of the
Highway Revenue Act of 1982.
SEC. 911. INCREASE IN DIESEL FUEL TAX.
(a) GENERAL RULE. -- Paragraph (1) of section 4041(a) (relating to
diesel fuel) is amended by striking out "9 cents" and inserting in lieu
thereof "15 cents".
(b) INCOME TAX CREDIT FOR PURCHASE OF DIESEL-POWERED AUTOMOBILE OR
LIGHT TRUCK. -- Section 6427 (relating to fuels not used for taxable
purposes), as amended by this Act, is amended by redesignating
subsections (g), (h), (i), (j), (k), (l), and (m) as subsections (h),
(i), (j), (k), (l), (m), and (n), respectively, and by inserting after
subsection (f) the following new subsection:
"(g) ADVANCE REPAYMENT OF INCREASED DIESEL FUEL TAX TO ORIGINAL
PURCHASERS OF DIESEL-POWERED AUTOMOBILES AND LIGHT TRUCKS. --
"(1) IN GENERAL. -- Except as provided in subsection (j), the
Secretary shall pay (without interest) to the original purchaser
of any qualified diesel-powered highway vehicle an amount equal to
the diesel fuel differential amount.
"(2) QUALIFIED DIESEL-POWERED HIGHWAY VEHICLE. -- For purposes
of this subsection, the term 'qualified diesel-powered highway
vehicle' means any diesel-powered highway vehicle which --
"(A) has at least 4 wheels,
"(B) has a gross vehicle weight rating of 10,000 pounds or
less, and
"(C) is registered for highway use in the United States under
the laws of any State.
"(3) DIESEL FUEL DIFFERENTIAL AMOUNT. -- For purposes of this
subsection, the term 'diesel fuel differential amount' means --
"(A) except as provided in subparagraph (B), $102, or
"(B) in the case of a truck or van, $198.
"(4) ORIGINAL PURCHASER. -- For purposes of this subsection --
(A) IN GENERAL. -- Except as provided in subparagraph (B), the
term 'original purchaser' means the first person to purchase the
qualified diesel-powered vehicle for use other than resale.
"(B) EXCEPTION FOR CERTAIN PERSONS NOT SUBJECT TO FUELS TAX.
-- The term 'original purchaser' shall not include any State or
local government (as defined in section 4221(d)(4)) or any
nonprofit educational organization (as defined in section 4221(
d)(5)).
"(C) TREATMENT OF DEMONSTRATION USE BY DEALER. -- For purposes
of subparagraph (A), use as a demonstrator by a dealer shall not
be taken into account.
"(5) VEHICLES TO WHICH SUBSECTION APPLIES. -- Except as
provided in paragraph (6), this subsection shall only apply to
qualified diesel-powered highway vehicles originally purchased
after January 1, 1985, and before January 1, 1988.
"(6) SPECIAL RULE FOR CERTAIN VEHICLES HELD ON JANUARY 1, 1985.
--
"(A) IN GENERAL. -- In the case of any person holding a
qualified diesel-powered highway vehicles on January 1, 1985 --
"(i) such person shall be treated as if he originally purchased
such vehicle on December 31, 1984 but
"(ii) the amount payable under paragraph (1) to such person for
such vehicle shall be the applicable fraction of the diesel fuel
differential amount.
"(B) APPLICABLE FRACTION. -- For purposes of subparagraph (A),
the applicable fraction is the fraction determined in accordance
with the following table:
In the case of a 1978 or earlier model year vehicle, the
applicable fraction shall be zero.
"(7) BASIS REDUCTION. -- For the purposes of subtitle A, the
basis of any qualified diesel-powered highway vehicle shall be
reduced by the amount payable under this subsection with respect
to such vehicle."
(d) TECHNICAL AND CONFORMING ADMENDMENTS. --
(1) AMENDMENTS TO HIGHWAY TRUST FUND. --
(A) TRANSFERS TO MASS TRANSIT ACCOUNT. -- Paragraph (2) of
section 9503(e) (relating to transfers to Mass Transit Account) is
amended to read as follows:
"(2) TRANSFERS TO MASS TRANSIT ACCOUNT. - The Secretary of the
Treasury shall transfer to the Mass Transit Account the mass
transit portion of the amounts appropriated to the Highway Trust
Fund under subsection (b) which are attributable to taxes under
sections 4041 and 4081 imposed after March 31, 1983. For purposes
of the preceding sentence, the term 'mass transit portion' means
an amount determined at the rate of 1 cent for each gallon with
respect to which tax was imposed under section 4041 or 4081."
(B) INCOME TAX CREDITS PAYABLE OUT OF HIGHWAY TRUST FUND. --
Clause (ii) of section 9503(c)(2)(A) is amended by striking out
"used before October 1, 1988" and inserting in lieu thereof "used
before October 1, 1988 (or with respect to qualified
diesel-powered highway vehicles purchased before January 1,
1988)".
(2) CONFORMING AMENDMENTS TO INCOME TAX CREDIT. --
(A) Subsections (a)(4) and (b) of section 39 (as in effect
before the enactment made by title IV of this Act) are each
amended by striking out "6427(i)" and inserting in lieu thereof
"6427(j)".
(B) Subsections (a), (b)(1), (c), (d), (e)(1), and (f)(1) of
section 6427 are each amended by striking out "(i)" and inserting
in lieu thereof "(j)".
(C) Subsection (h)(1) of section 6427 (as redesignated by
subsection (c)) is amended --
(i) by striking out "or (f)" and inserting in lieu thereof
"(f), or (g)", and
(ii) by striking out "fuel used" each place it appears and
inserting in lieu thereof "fuel used (or a qualified diesel
powered highway vehicle purchased)".
(D) Subsection (h)(2)(A) of section 6427 (as so redesignated)
is amended --
(i) by striking out "and (e)" in clause (i) and inserting in
lieu thereof "(e), and (g)", and
(ii) by striking out "fuel used" each place it appears and
inserting in lieu thereof "fuel used (or a qualified diesel
powered highway vehicle purchased)".
(E) Subsection (k)(2) of section 6427 (as so redesignated) is
amended by striking out "(g)(2)" and inserting in lieu thereof
"(h)(2)".
(F) Subsection (m) of section 6427 (as so redesignated) is
amended by striking out "and (d)" each place it appears and
inserting in lieu thereof "(d), and (g)".
(G) Sections 7210, 7603, 7604(b), 7604(c)(2), 7605(a), 7609(
c)(1), and 7610(c) are each amended by striking out "6427(h)(2)"
each place it appears and inserting in lieu thereof "6427(i)(2)".
(e) EFFECTIVE DATE. -- The amendments made by this section shall take
effect on August 1, 1984.
SEC. 912. DECREASE IN TAX IMPOSED ON GASOHOL.
(a) AMENDMENT OF SECTION 4041. -- Paragraph (1) of section 4041(k)
(relating to fuels containing alcohol) is amended to read as follows:
"(1) IN GENERAL. -- Under regulations prescribed by the
Secretary, in the case of the sale or use of any liquid at least
10 percent of which consists of alcohol (as defined in section
4081(c)(3)) --
"(A) subsection (a)(1) shall be applied by substituting '9
cents' for '15 cents', and
"(B) subsection (a)(2) shall be applied by substituting '3
cents' for '9 cents', and
"(C) no tax shall be imposed by subsection (c)."
(b) AMENDMENTS OF SECTION 4081. -- Subsection (c) of section 4081
(relating to imposition of tax on petroleum products), as amended by
title VII of this Act, is amended --
(A) by striking out "4 cents" each place it appears and
inserting in lieu thereof "3 cents",
(B) by striking out "4 4/9 cents" and inserting in lieu thereof
"3 1/3 cents", and
(C) by striking out "4 5/9 cents" and inserting in lieu thereof
"5 2/3 cents".
(c) CREDIT FOR ALCOHOL USED AS A FUEL. -- Section 40 (relating to
alcohol used as a fuel) (as amended by title IV of this Act) is amended
--
(1) by striking out "50 cents" each place it appears and
inserting in lieu thereof "60 cents", and
(2) by striking out "37.5 cents" each place it appears and
inserting in lieu thereof "45 cents".
(d) AMENDMENT OF SECTION 6427. -- Paragraph (1) of section 6427(f)
(relating to gasoline used to produce certain alcohol fuels) is amended
by striking out "4 5/9 cents" and inserting in lieu thereof "5 2/3
cents".
(e) TARIFF IMPORTED FOR USE AS A FUEL. -- Item 901.50 of the Tariff
Schedules of the United States (19 U.S.C. 1202) is amended by striking
out "50 cents per gal." each place it appears and inserting in lieu
thereof "60 cents per gal.".
(f) DEFINITION OF ALCOHOL. -- Sections 40(d)(1)(A)(i) (as amended by
title IV of this Act) and 4081(c)(3) (defining alcohol) are each amended
by striking out "coal" and inserting in lieu thereof "coal (including
peat)".
(g) EFFECTIVE DATE. -- The amendments made by this section shall take
effect on January 1, 1985.
SEC. 913. MODIFICATION OF TAX IMPOSED ON METHANOL AND ETHANOL.
(a) IN GENERAL. -- Section 4041 (relating to imposition of tax on
special fuels) is amended by adding at the end thereof the following new
subsection.
"(m) CERTAIN ALCOHOL FUELS. --
"(1) IN GENERAL. -- In the case of the sale or use of any
partially exempt methanol or ethanol fuel --
"(A) subsection (a)(2) shall be applied by substituting '4 1/2
cents' for '9 cents', and
"(B) no tax shall be imposed by subsection (c).
"(2) PARTIALLY EXEMPT METHANOL OR ETHANOL FUEL. -- The term
'partially exempt methanol or ethanol fuel' means any liquid at
least 85 percent of which consists of methanol, ethanol, or other
alcohol produced from natural gas.".
(b) CONFORMING AMENDMENT. -- Subsection (c) of section 40 (relating
to coordination of credit for alcohol used as a fuel with exemption from
excise tax) (as redesignated by title IV of this Act) is amended by
striking out "(b)(2) or (k)" and inserting in lieu thereof "(b)(2), (k),
or (m)".
(c) EFFECTIVE DATE. -- The amendments made by this section shall take
effect on August 1, 1984.
SEC. 914. EXTENSION OF REDUCTION IN TAX FOR FUEL USED BY TAXICABS.
Paragraph (3) of section 6427(e) (relating to termination of use in
certain taxicabs) is amended by striking out "September 30, 1984" and
inserting in lieu thereof "September 30, 1985".
SEC. 915. 3 CENT TAX ON DIESEL FUEL, ETC., USED IN CERTAIN BUSES.
(a) IN GENERAL. -- Subsection (b) of section 6427 (relating to fuels
not used for taxable purposes) is amended by redesignating paragraph (2)
as paragraph (3) and inserting after paragraph (1) the following new
paragraph:
"(2) 3-CENT REDUCTION IN REFUND IN CERTAIN CASES. --
"(A) IN GENERAL. -- Except as provided in subparagraph (B), the
rate of tax taken into account under paragraph (1) shall not
exceed 12 cents.
"(B) EXCEPTION. -- Subparagraph (A) shall not apply to fuel
used in any automobile bus while engaged in furnishing (for
compensation) intracity passenger land transportation --
"(i) which is available to the general public, and
"(ii) which is scheduled and along regular routes, but only if
such bus is a qualified local bus.
"(C) QUALIFIED LOCAL BUS. -- For purposes of this paragraph,
the term 'qualified local bus' means any local bus --
"(i) which has a seating capacity of at least 20 adults (not
including the driver), and
"(ii) which is under contract (or is receiving more than a
nominal subsidy) from any State or local government (as defined in
section 4221(d)) to furnish such transportation."
(b) EFFECTIVE DATE. -- The amendments made by this section shall take
effect on August 1, 1984.
SEC. 921. TEMPORARY REDUCTION IN TAX.
Section 4051 (relating to retail tax on heavy trucks and trailers) is
amended by redesignating subsection (d) as subsection (e) and inserting
after subsection (c) the following new subsection:
"(d) TEMPORARY REDUCTION IN TAX ON CERTAIN PIGGYBACK TRAILERS. --
"(1) IN GENERAL. -- In the case of piggyback trailers or
semitrailers sold within the 1-year period beginning on the date
of the enactment of the Tax Reform Act of 1984, subsection (a)
shall be applied by substituting '6 percent' for '12 percent'.
"(2) PIGGYBACK TRAILERS OR SEMITRAILERS. -- For purposes of
this subsection, the term 'piggyback trailers or semitrailers'
means any trailer or semitrailer --
"(A) which is designed for use principally in connection with
trailer-on-flatcar service by rail, and
"(B)(i) both the seller and the purchaser of which are
registered in a manner similar to registration under section 4222,
and
"(ii) with respect to which the purchaser certifies (at such
time and in such form and manner as the Secretary prescribes by
regulations) to the seller that such trailer or semitrailer --
"(I) will be used, or resold for use principally in connection
with such service, or
"(II) will be incorporated into an article which will be so
used or resold.
"(3) ADDITIONAL TAX WHERE NONQUALIFIED USE. -- If any piggyback
trailer or semitrailer was subject to tax under subsection (a) at
the 6 percent rate and such trailer or semitrailer is used or
resold for use other than for a use described in paragraph (2) --
"(A) such use or resale shall be treated as a sale to which
subsection (a) applies,
"(B) the amount of the tax imposed under subsection (a) on such
sale shall be equal to the amount of the tax which was imposed on
the first retail sale, and
"(C) the person so using or reselling such trailer or
semitrailer shall be liable for the tax imposed by subsection
(a)."
HIGHWAY COSTS.
The Secretary of Transportation shall conduct a study of whether
highway motor vehicles with taxable gross weights of 80,000 pounds or
more bear their fair share of the costs of the highway system.
SEC. 932. TRANS-BORDER TRUCKING.
The Secretary of Transportation shall conduct a study to determine
the significance of the tax imposed by section 4481 of the Internal
Revenue Code of 1954 (relating to tax on use of certain vehicles) on
trans-border trucking operations.
SEC. 933. WEIGHT-DISTANCE TAXES.
The Secretary of Transportation shall conduct a study to evaluate the
feasibility and ability of weight-distance truck taxes to provide the
greatest degree of equity among highway users, to ease the costs of
compliance of such taxes, and to improve the efficiency by which such
taxes might be administered. Such study shall also include an
evaluation of the evasion potential for weight-distance taxes and an
assessment of the benefits to interstate commerce of replacing all
Federal truck taxes (other than fuel taxes) with a weight-distance tax.
SEC. 934. REPORTS, ETC.
(a) CONSULTATION WITH TREASURY. -- Studies conducted under this part
shall be conducted in consultation with the Secretary of the Treasury.
(b) REPORT. -- Not later than October 1, 1987, the Secretary of
Transportation shall submit to the Committee on Ways and Means of the
House of Representatives and the Committee on Finance of the Senate a
report on each study conducted under this part together with such
recommendations as the Secretary may deem advisable.
SEC. 935. STUDY OF REDUCED FUEL TAXES FOR TAXICABS.
The Secretary of the Treasury or his delegate shall conduct a study
of the reduced rate of fuel taxes provided by section 6427(e) of the
Internal Revenue Code of 1954. Not later than January 1, 1985, such
Secretary shall submit a report on such study to the Congress, together
with such recommendations as the Secretary may deem advisable.
SEC. 936. STUDY OF PIGGYBACK TRAILERS.
(a) IN GENERAL. -- The Secretary of Transportation (in consultation
with the Secretary of the Treasury) shall conduct a study of the
appropriate application and level of the tax imposed by section 4051 of
the Internal Revenue Code of 1954 (relating to tax on trucks and
trailers sold at retail) on piggyback trailers and semi-trailers.
(b) REPORT. -- Not later than May 1, 1985, the Secretary of
Transportation shall submit to the Committee on Ways and Means of the
House of Representatives and the Committee on Finance of the Senate a
report on the study conducted under subsection (a) together with such
recommendations as the Secretary may deem advisable.
Public Law 98-369, 98 Stat. 494
DIVISION A, Title X
98th Congress
July 18, 1984
DEFICIT REDUCTION ACT OF 1984
(Part 7 of 10 Parts)
LONG-TERM CAPITAL GAIN TREATMENT.
(a) IN GENERAL. --
(1) CAPITAL GAINS. -- Paragraphs (1) and (3) of section 1222
(relating to other terms relating to capital gains and losses) are
each amended by striking out "1 year" and inserting in lieu
thereof "6 months".
(2) CAPITAL LOSSES. -- Paragraphs (2) and (4) of section 1222
are each amended by striking out "1 year" and inserting in lieu
thereof "6 months".
(b) CONFORMING AMENDMENTS. -- The following provisions are each
amended by striking out "1 year" each place it appears and inserting in
lieu thereof "6 months":
(1) Paragraph (1)(B) of section 166(d) (relating to nonbusiness
debts).
(2) Subsection (a) of section 341 (relating to treatment of
gain to shareholders in the case of collapsible corporations).
(3) Paragraph (2) of subsection (a) and subparagraph (L) of
subsection (e)(4) of section 402 (relating to capital gains
treatment for certain distributions in the case of a beneficiary
of an exempt employees' trust).
(4) Subparagraph (A) of section 403(a)(2) (relating to capital
gains treatment for certain distributions in the case of a
beneficiary under a qualified annuity plan).
(5) Paragraph (1) of section 423(a) (relating to employee stock
purchase plans).
(6) Paragraph (2) of section 582(c) (relating to capital gains
of banks).
(7) Subparagraphs (A) and (B) of section 584(c)(1) (relating to
inclusions in taxable income of participants in common trust
funds).
(8) Paragraphs (3) and (4) of section 642(c) (relating to
charitable deductions for certain trusts).
(9) Paragraphs (1) and (2) of section 702(a) (relating to
income and credits of partner).
(10) Subparagraph (A) of section 818(b)(1) (relating to certain
gains and losses in the case of life insurance companies).
(11) Subparagraph (B) of section 852(b)(3) (relating to
taxation of shareholders of regulated investment companies).
(12) Subparagraph (A) of section 856(c)(4) (relating to
definiton of real estate investment trust).
(13) Paragraphs (3)(B) and (7) of section 857(b) (relating to
taxation of shareholders of real estate investment trust).
(14) Paragraphs (11) and (12) of section 1223 (relating to
holding period of property).
(15) Section 1231 (relating to property used in the trade or
business and involuntary conversions).
(16) Paragraph (2) of section 1232(a) (relating to sale or
exchange in the case of bonds and other evidences of
indebtedness).
(17) Subsections (b), (d), and subparagraph (A) of subsection
(e)(4) of section 1233 (relating to gains and losses from short
sales).
(18) Paragraph (1) of section 1234(b) (relating to treatment of
the grantor of an option in the case of stock, securities, or
commodities).
(19) Subsection (a) of section 1235 (relating to sale or
exchange of patents).
(20) Paragraph (4) of section 1246(a) (relating to holding
period in the case of gain on foreign investment company stock).
(21) Subsection (i) of section 1247 (relating to loss on sale
or exchange of certain stock in the case of foreign investment
companies electing to distribute income currently).
(22) Subsections (b) and (g)(3)(C) of section 1248 (relating to
gain from certain sales or exchanges of stock in certain foreign
corporations).
(23) Subparagraph (A) of section 1251(e)(1) (defining farm
recapture property).
(c) TECHNICAL AMENDMENT RELATING TO TIMBER, COAL, AND DOMESTIC IRON
ORE. -- Section 631 (relating to gain or loss in the case of timber,
coal, or domestic iron ore) is amended --
(1) by striking out "for a period of more than 1 year" in the
first sentence of subsection (a) and inserting in lieu thereof "on
the first day of such year and for a period of more than 6 months
before such cutting", and
(2) by striking out "1 year" in subsections (b) and (c) and
inserting in lieu thereof "6 months".
(d) TECHNICAL AMENDMENT RELATING TO CERTAIN SHORT-TERM GOVERNMENT
OBLIGATIONS. -- Section 1232(a)(3)(A) relating to certain short-term
government obligations) is amended by striking out "held less than 1
year".
(e) EFFECTIVE DATE. -- The amendments made by this section shall
apply to property acquired after June 22, 1984, and before January 1,
1988.
SEC. 1002. REPEAL OF SPECIAL RULE FOR PRE-1970 LOSSES.
(a) IN GENERAL. -- Paragraph (3) of section 1212(b) (relating to
transitional rule for taxpayers other than corporations) is repealed.
(b) EFFECTIVE DATE. -- The repeal made by subsection (a) shall apply
to taxable years beginning after December 31, 1986.
SEC. 1010. POLICY
It is declared to be the policy of Congress and the purpose of this
part to improve recreational boating safety and to foster greater
development, use, and enjoyment of all waters of the United States by
encouraging and assisting participation by the States, the boating
industry, and the boating public in activities related to increasing
boating safety; by authorizing the establishment of national
construction and performance standards for boats and associated
equipment; by creating more flexible authority governing the use of
boats and equipment; and by facilitating the provision of services by
the United States Coast Guard on behalf of boating safety. It is
further declared to be the policy of Congress to encourage greater and
continuing uniformity of boating laws and regulations among the States
and the Federal Government, to encourage and assist the States in
exercising their authorities in boating safety, to foster greater
cooperation and assistance between the Federal Government and the States
in administering and enforcing Federal and State laws and regulations
pertaining to boating safety, and to equitably utilize taxes paid on
fuel use in motor boats in a manner which enhances boating safety.
SEC. 1011. GENERAL AMENDMENTS TO TITLE 46.
(a) Section 2102 of title 46, United States Code, is amended --
(1) by striking out "and facilities improvement" in paragraph
(1);
(2) by striking out paragraphs (3) and (4); and
(3) by redesignating paragraph (5) as paragraph (3).
(b)(1)Section 13101 of such title is amended --
(A) by striking out "and facility improvement" in subsection
(a); and
(B) by striking out "and facilities improvement" each place it
appears.
(2) Subsection (a) of section 13101 of such title is amended by
striking out "may" in the second sentence and inserting in lieu thereof
"shall".
(c)(1) Section 13102 of such title is amended by striking out "and
facilities improvement" each place it appears.
(2) Subsection (a) of section 13102 of such title is amended by
striking out "may" and inserting in lieu thereof "shall".
(3) Paragraph (2) of section 13102(a) of such title is amended by
striking out ", (d), or (f)".
(4) Subsections (d) and (f) of section 13102 of such title are
repealed, and subsection (e) of such section (and any reference thereto)
is redesignated as subsection (d).
(d)(1) Subsections (b), (d), and (f) of section 13103 of such title
are repealed, and subsections (c) and (e) of such section (and all
references thereto) are redesignated as subsections (b) and (c),
respectively.
(2) Subsections (b) and (c) of section 13103 of such title (as
redesignated by paragraph (1) of this subsection) are amended by
striking out "and facilities improvement" each place it appears.
(e) Section 13105 of such title is amended by striking out "and
facilities improvement".
(f) Subsection (c) of section 13108 of such title is amended by
striking out "and facilities improvement" each place it appears.
(g) Section 13109 of such title is amended by striking out "and
facilities improvement" each place it appears.
SEC. 1012. AUTHORIZATION OF FUNDS FOR BOATING SAFETY.
Section 13106 of title 46, United States Code, is amended to read as
follows:
"(a) The Secretary may expend in each of the fiscal years 1985, 1986,
1987, and 1988, subject to amounts as are provided in appropriations
laws for liquidation of contract authority, an amount equal to
two-thirds of the amount transferred for such fiscal year to the Boat
Safety Account under section 9503(c)(4) of the Internal Revenue Code of
1954 (26 U.S.C. 9503(c)(4)). The amount shall be allocated as provided
under section 13103 of this title and shall be available for State
recreational boating safety programs as provided under the guidelines
established under subsection (b) of this section. Amounts authorized to
be expended for State recreational boating safety programs shall remain
available until expended and are deemed to have been expended only if an
amount equal to the total amounts authorized to be expended under this
section for the fiscal year in question and all prior fiscal years have
been obligated. Amounts previously obligated but released by payment of
a final voucher or modification of a program acceptance shall be
credited to the balance of unobligated amounts and are immediately
available for expenditure.
"(b) The Secretary shall establish guidelines prescribing the
purposes for which amounts available under this chapter for State
recreational boating safety programs may be used. Those purposes may
include --
"(1) providing facilities, equipment, and supplies for boating
safety education and law enforcement, including purchase,
operation, maintenance, and repair;
(2) training personnel in skills related to boating safety and
to the enforcement of boating safety laws and regulations;
"(3) providing public boating safety education, including
educational programs and lectures, to the boating community and
the public school system;
"(4) acquiring, constructing, or repairing public access sites
used primarily by recreational boaters;
"(5) conducting boating safety inspections and marine casualty
investigations;
"(6) establishing and maintaining emergency or search and
rescue facilities, and providing emergency or search and rescue
assistance;
"(7) establishing and maintaining waterway markers and other
appropriate aids to navigation; and
"(8) providing State recreational vessel numbering or titling
programs.
"(c) An amount equal to one-third of the amount transferred for each
fiscal year to the Boat Safety Account under section 9503(c)(4) of the
Internal Revenue Code of 1954 (26 U.S.C. 9503(c)(4)) is available to the
Secretary for expendiutres out of the operating expenses account of the
Coast Guard for services provided by the Coast Guard for recreational
boating safety, including services provided by the Coast Guard
Auxiliary. Amounts made available by this subsection shall remain
available until expended."
SEC. 1013. EFFECTIVE DATE.
The amendments made by this subpart shall take effect on October 1,
1984, and shall apply with respect to fiscal years beginning after
September 30, 1984.
SEC. 1014. AMENDMENTS TO THE SPORT FISH RESTORATION PROGRAM.
(a) The Act entitled "An Act to provide that the United States shall
aid the States in fish restoration and management projects, and for
other purposes", approved August 9, 1950 (16 U.S.C. 777 et seq.), is
amended as follows:
(1) The first section is amended --
(A) by inserting "(a)" after "That"; and
(B) by adding at the end thereof the following new subsection:
"(b) Each coastal State, to the extent practicable, shall equitably
allocate the following sums between marine fish projects and freshwater
fish projects in the same proportion as the estimated number of resident
marine anglers and the estimated number of resident freshwater anglers,
respectively, bear to the estimated number of all resident anglers in
that State:
"(1) The additional sums apportioned to such State under this
Act as a result of the taxes imposed by the amendments made by
section 1015 of the Tax Reform Act of 1984 on items not taxed
under section 416(a) of the Internal Revenue Code of 1954 before
October 1, 1984.
"(2) The sums apportioned to such State under this Act that are
not attributable to any tax imposed by such section 4161(a).
As used in this subsection, the term 'coastal State' means any one of
the States of Alabama, Alaska, California, Connecticut, Delaware,
Florida, Georgia, Hawaii, Louisiana, Maine, Maryland, Massachusetts,
Mississippi, New Hampshire, New Jersey, New York, North Carolina,
Oregon, Rhode Island, South Carolina, Texas, Virginia, and Washington.
The term also includes the Commonwealth of Puerto Rico, the United
States Virgin Islands, Guam, American Samoa, and the Commonwealth of the
Northern Marianas."
(2) The first sentence of section 3 is amended to read as
follows: "To carry out the provisions of this Act for fiscal
years after September 30, 1984, there are authorized to be
appropriated from the Sport Fish Restoration Account established
by section 9504(a) of the Internal Revenue Code of 1954 the
amounts paid, transferred, or otherwise credited to that Account.
For purposes of the provision of the Act of August 31, 1951, which
refers to this section, such amounts shall be treated as the
amounts that are equal to the revenues described in this section."
(3) The first sentence of section 4 is amended to read as
follows: "So much, not to exceed 6 per centum, of each annual
appropriation made in accordance with the provisions of section 3
of this Act as the Secretary of the Interior may estimate to be
necessary for his expenses in the conduct of necessary
investigations, administration, and the execution of this Act and
for aiding in the formulation, adoption, or administration of any
compact between two or more States for the conversation and
management of migratory fishes in marines or freshwaters shall be
deducted for that purpose, and such sum is authorized to be made
available therefor until the expiration of the next succeeding
fiscal year."
(4) Section 5 is amended by striking all after the first
sentence.
(5) Section 6 is amended by adding at the end thereof the
following new subsection:
"(d) The Secretary of the Interior may enter into agreements to
finance up to 75 per centum of the initial costs of the acquisition of
lands or interests therein and the construction of structures or
facilities for appropriations currently available for the purposes of
this Act; and to agree to finance up to 75 per centum of the remaining
costs over such a period of time as the Secretary may consider
necessary. The liability of the United States in any such agreement is
contingent upon the continued availability of funds for the purposes of
this Act."
(6) Section 8 is amended by inserting "(a)" before the first
sentence, and by adding at the end thereof the following new
subsections:
"(b)(1) Each State shall allocate 10 per centum of the funds
apportioned to it for each fiscal year under section 4 of this Act for
the payment of up to 75 per centum of the costs of the acquisition,
development, renovation, or improvement of facilities (and auxiliary
facilities necessary to insure the safe use of such facilities) that
create, or add to, public access to the waters of the United States to
improve the suitability of such waters for recreational boating
purposes.
"(2) So much of the funds that are allocated by a State under
paragraph (1) in any fiscal year that remained unexpended or unobligated
at the close of such year are authorized to be made available for the
purposes described in paragraph (1) during the succeeding fiscal year,
but any portion of such funds that remain unexpended or unobligated at
the close of such succeeding fiscal year are authorized to be made
available for expenditure by the Secretary of the Interior in carrying
out the research program of the Fish and Wildlife Service in respect to
fish of material value for sport or recreation.
"(c) Each State may use not to exceed 10 per centum of the funds
apportioned to it under section 4 of this Act to pay up to 75 per centum
of the costs of an aquatic resource education program for the purpose of
increasing public understanding of the Nation's water resources and
associated aquatic life forms. The non-Federal share of such costs may
not be derived from other Federal grant programs. The Secretary shall
issue not later than the one hundred and twentieth day after the
effective date of this subsection such regulations as he deems advisable
regarding the criteria for such programs."
(7) Section 12 is amended --
(A) inserting "the Mayor of the District of Columbia,"
immediately after "the Secretary of Agriculture of Puerto Rico,";
(B) by inserting "for the District of Columbia one-third of 1
per centum," immediately after "for Puerto Rico 1 per centum,";
and
(C) by inserting "the District of Columbia," after "Puerto
Rico," each place it appears therein.
(b) The amendments made by subsection (a) shall take effect on
October 1, 1984, and shall apply with respect to fiscal years beginning
after September 30, 1984.
SEC. 1015. TAX ON SALE OF SPORT FISHING EQUIPMENT.
(a) GENERAL RULE. -- Subsection (a) of section 4161 (relating to
imposition of tax on the sale of rods, reels, etc.) is amended to read
as follows:
"(a) SPORT FISHING EQUIPMENT. --
"(1) IMPOSITION OF TAX. -- There is hereby imposed on the sale
of any article of sport fishing equipment by the manufacturer,
producer, or importer a tax equal to 10 percent of the price for
which so sold.
"(2) 3 PERCENT RATE OF TAX FOR ELECTRIC OUTBOARD MOTORS AND
SONAR DEVICES SUITABLE FOR FINDING FISH. --
"(A) IN GENERAL. -- In the case of an electric outboard motor
or a sonar device suitable for finding fish, paragraph (1) shall
be applied by substituting '3 percent' for '10 percent'.
"(B) $30 LIMITATION ON TAX IMPOSED ON SONAR DEVICES SUITABLE
FOR FINDING FISH. -- The tax imposed by paragraph (1) on any sonar
device suitable for finding fish shall not exceed $30.
"(3) PARTS OR ACCESSORIES SOLD IN CONNECTION WITH TAXABLE SALE.
-- In the case of any sale by the manufacturer, producer, or
importer of any article of sport fishing equipment, such article
shall be treated as including any parts or accessories of such
article sold on or in connection therewith or with the sale
thereof."
(b) DEFINITION OF SPORT FISHING EQUIPMENT, ETC. -- Part I of
subchapter D of chapter 32 is amended by adding at the end thereof the
following new section:
"SEC. 4162. DEFINITIONS; TREATMENT OF CERTAIN RESALES.
"(a) SPORT FISHING EQUIPMENT DEFINED. -- For purposes of this part,
the term 'sport fishing equipment means --
"(1) fishing rods and poles (and component parts therefor),
"(2) fishing reels,
"(3) fly fishing lines, and other fishing lines not over 130
pounds test,
"(4) fishing spears, spear guns, and spear tips,
"(5) items of terminal tackle, including --
"(A) leaders,
"(B) artificial lures,
"(C) artificial baits,
"(D) artificial flies,
"(E) fishing hooks,
"(F) bobbers,
"(G) sinkers,
"(H) snaps,
"(I) drayles, and
"(J) swivels,
but not including natural bait or any item of terminal tackle
designed for use and ordinarily used on fishing lines not
described in paragraph (3), and
"(6) the following items of fishing supplies and accessories --
"(A) fish stringers,
"(B) creels,
"(C) tackle boxes,
9 "(D) bags, baskets, and other containers designed to hold
fish,
"(E) portable bait containers,
"(F) fishing vests,
"(G) landing nets,
"(H) gaff hooks,
"(I) fishing hood disgorgers, and
"(J) dressing for fishing lines and artificial flies,
"(7) fishing tip-ups and tilts,
"(8) fishing rod belts, fishing rodholders, fishing harnesses,
fish fighting chairs, fishing outriggers, and fishing downriggers,
"(9) electric outboard boat motors, and
"(10) sonar devices suitable for finding fish.
"(b) SONAR DEVICE SUITABLE FOR FINDING FISH. -- For purposes of this
part, the term 'sonar device suitable for finding fish' shall not
include any sonar device which is --
"(1) a graph recorder,
"(2) a digital type,
"(3) a meter readout, or
"(4) a combination graph recorder or combination meter readout.
"(c) TREATMENT OF CERTAIN RESALES. --
"(1) IN GENERAL. -- If --
"(A) the manufacturer, producer, or importer sells any article
taxable under section 4161(a) to any person,
"(B) the constructive sale price rules of section 4216(b) do
not apply to such sale, and
"(C) such person (or any other person) sells such article to a
related person with respect to the manufacturer, producer, or
importer,
then such related person shall be liable for tax under section
4161 in the same manner as if such related person were the
manufacturer of the article.
"(2) CREDIT FOR TAX PREVIOUSLY PAID. -- If --
"(A) tax is imposed on the sale if any article by reason of
paragraph (1), and
"(B) the related person establishes the amount of the tax which
was paid on the sale described in paragraph (1)(A), the amount of
the tax so paid shall be allowed as a credit against the tax
imposed by reason of paragraph (1).
"(3) RELATED PERSON. -- For purposes of this subsection, the
term 'related person' has the meaning given such term by section
168(e)(4)(D).
"(4) REGULATIONS. -- Except to the extent provided in
regulations, rules similar to the rules of this subsection shall
also apply in cases (not described in paragraph (1)) in which
intermediaries or other devices are used for purposes of reducing
the amount of the tax imposed by section 4161(a)."
(c) TIME FOR PAYMENT OF TAX. -- Section 6302 (relating to mode or
time of collecting tax) is amended by redesignating subsection (d) as
subsection (e) and by inserting after subsection (c) the following new
subsection:
"(d) TIME FOR PAYMENT OF MANUFACTURERS EXCISE TAX ON SPORT FISHING
EQUIPMENT. -- The tax imposed by section 4161(a) (relating to
manufacturers excise tax on sport fishing equipment) shall be due and
payable on the date for filing the return for such tax."
(d) CLERICAL AMENDMENT. -- The table of sections for part I of
subchapter D of chapter 32 is amended by adding at the end thereof the
following new item:
"Sec. 4162. Definitions; treatment of certain resales."
(e) EFFECTIVE DATE. --
(1) IN GENERAL. -- Except as provided in paragraph (2), the
amendments made by this section shall apply with respect to
articles sold by the manufacturer, producer, or importer after
September 30, 1984.
(2) TREATMENT OF CERTAIN RESALES. -- Subsection (c) of section
4162 of the Internal Revenue Code of 1954 (relating to treatment
of certain resales), as added by this section, shall apply to
sales by related persons (as defined in such subsection) after the
date of the enactment of this Act.
(a) GENERAL RULE. -- Subchapter A of chapter 98 (relating to Trust
Fund Code) is amended by adding at the end thereof the following new
section:
"SEC. 9504. AQUATIC RESOURCES TRUST FUND.
"(a) CREATION OF TRUST FUND. --
"(1) IN GENERAL. -- There is hereby established in the Treasury
of the United States a trust fund to be known as the 'Aquatic
Resources Trust Fund'.
"(2) ACCOUNTS IN TRUST FUND. -- The Aquatic Resources Trust
Fund shall consist of --
"(A) a Sport Fish Restoration Account, and
"(B) a Boat Safety Account.
Each such Account shall consist of such amounts as may be
appropriated, credited, or paid to it as provided in this section,
section 9503(c)(4), or section 9602(b).
"(b) SPORT FISH RESTORATION ACCOUNT. --
"(1) TRANSFER OF CERTAIN TAXES TO ACCOUNT. -- There is hereby
appropriated to the Sport Fish Restoration Account amounts
equivalent to the following amounts received in the Treasury on or
after October 1, 1984 --
"(A) the taxes imposed by section 4161(a) (relating to sport
fishing equipment), and
"(B) the import duties imposed on fishing tackle under subpart
B of part 5 of schedule 7 of the Tariff Schedules of the United
States (19 U.S.C. 1202) and on yachts and pleasure craft under
subpart D of part 6 of schedule 6 of such Schedules.
"(2) EXPENDITURES FROM ACCOUNT. -- Amounts in the Sport Fish
Restoration Account shall be available, as provided by
appropriation Acts, to carry out the purposes of the Act entitled
'An Act to provide that the United States shall aid the States in
fish restoration and management projects, and for other purposes',
approved August 9, 1950 (as in effect on June 1, 1984).
"(c) EXPENDITURES FROM BOAT SAFETY ACCOUNT. -- Amounts in the Boat
Safety Account shall be available, as provided by appropriation Acts,
for making expenditures before April 1, 1989, to carry out the purposes
of Section 13106 of title 46, United States Code (as in effect on June
1, 1984).
"(d) CROSS REFERENCE. --
"For provision transferring motorboat fuels taxes to Boat
Safety Account and Sport Fish Restoration Account, see section
9503(c)(4)."
(b) TRANSFERS FROM HIGHWAY TRUST FUND. --
(1) Subparagraph (A) of section 9503(c)(4) of such Code is amended --
(A) by striking out "the National Recreational Boating Safety
and Facilities Improvement Fund established by section 202 of the
Recreational Boating Fund Act" in clause (i) and inserting in lieu
thereof "the Boat Safety Account in the Aquatic Resources Trust
Fund",
(B) by striking out "the amount in the National Recreational
Boating Safety and Facilities Improvement Fund" in clause (ii) and
inserting in lieu thereof "the amount in the Boat Safety Account",
and
(C) by striking out "NATIONAL RECREATIONAL BOATING SAFETY AND
FACILITIES IMPROVEMENT FUND" in the subparagraph heading and
inserting in lieu thereof "BOAT SAFETY ACCOUNT".
(2) Paragraph (4) of section 9503(c) is amended by redesignating
subparagraph (C) as subparagraph (D) and by striking out subparagraph
(B) and inserting in lieu thereof the following new subparagraphs:
"(B) $1,000,000 PER YEAR OF EXCESS TRANSFERRED TO LAND AND
WATER CONSERVATION FUND. --
"(i) IN GENERAL. -- Any amount received in the Highway Trust
Fund --
"(I) which is attributable to motorboat fuel taxes, and
"(II) which is not transferred from the Highway Trust Fund
under subparagraph (A),
shall be transferred (subject to the limitation of clause (ii))
by the Secretary from the Highway Trust Fund into the land and
water conservation fund provided for in title I of the Land and
Water Conservation Fund Act of 1965.
"(ii) LIMITATION. -- The aggregate amount transferred under
this subparagraph during any fiscal year shall not exceed
$1,000,000.
"(C) EXCESS FUNDS TRANSFERRED TO SPORT FISH RESTORATION
ACCOUNT. -- Any amount received in the Highway Trust Fund --
"(i) which is attributable to motorboat fuel taxes, and
"(ii) which is not transferred from the Highway Trust Fund
under subparagraph (A) or (B), shall be transferred by the
Secretary from the Highway Trust Fund into the Sport Fish
Restoration Account in the Aquatic Resources Trust Fund."
(c) CONFORMING AMENDMENTS. --
(1) Section 13107 of title 46, United States Code, is hereby
repealed.
(2) The table of sections for chapter 131 of title 46, United
States Code, is amended by striking out the item relating to
section 13107.
(d) CLERICAL AMENDMENT. -- The table of sections for subchapter A of
chapter 98 is amended by adding at the end thereof the following new
item:
"Sec. 9504. Aquatic Resources Trust Fund."
(e) EFFECTIVE DATE. --
(1) IN GENERAL. -- The amendments made by this section shall
take effect on October 1, 1984.
(2) BOAT SAFETY ACCOUNT TREATED AS CONTINUATION OF NATIONAL
RECREATIONAL BOATING SAFETY AND FACILITIES IMPROVEMENT FUND. --
The Boat Safety Account in the Aquatic Resources Trust Fund
established by the amendments made by this section shall be
treated for all purposes of law as the continuation of the
National Recreational Boating Safety and Facilities Improvement
Fund established by section 13107 of title 46, United States Code.
Any reference in any law to the National Recreational Boating
Safety and Facilities Improvement Fund established by such section
shall be deemed to include (wherever appropriate) a reference to
such Boat Safety Account.
(a) GENERAL RULE. -- Paragraph (1) of section 4161(b) relating to
bows and arrows) is amended to read as follows:
"(1) BOWS AND ARROWS. -- There is hereby imposed on the sale by
the manufacturer, producer, or importer --
"(A) of any bow which has a draw weight of 10 pounds or more,
and
"(B) of any arrow which --
"(i) measures 18 inches overall or more in length, or
"(ii) measures less than 18 inches overall in length but is
suitable for use with a bow described in subparagraph (A).
a tax equal to 11 percent of the price for which so sold."
(b) COORDINATION WITH TAX ON SPORT FISHING EQUIPMENT. --
(1) Subsection (b) of section 4161 is amended by adding at the
end thereof the following new paragraph:
"(3) COORDINATION WITH SUBSECTION (a). -- No tax shall be
imposed under this subsection with respect to any article taxable
under subsection (a)."
(2) Paragraph (2) of section 4161(b) is amended by striking out
"(other than a fishing reel)".
(c) EFFECTIVE DATE. -- The amendments made by this section shall
apply with respect to articles sold by the manufacturer, producer, or
reporter after September 30, 1984.
HELICOPTER OPERATIONS.
(a) EXEMPTION FROM FUEL TAX. -- Paragraph (1) of section 4041(1)
relating to exemption for certain helicopter uses) is amended to read as
follows:
"(1) transporting individuals, equipment, or supplies in --
"(A) the exploration for, or the development or removal of hard
minerals, or
"(B) the exploration for oil or gas, or".
(b) EXEMPTION FROM TAX ON TRANSPORTATION BY AIR. -- Paragraph (1) of
section 4261(e) (relating to exemption for certain helicopter uses) is
amended to read as follows:
"(1) transporting individuals, equipment, or supplies in --
"(A) the exploration for, or the development or removal of,
hard minerals, or
"(B) the exploration for oil or gas, or".
(c) EFFECTIVE DATE. --
(1) SUBSECTION (a). -- The amendment made by subsection (a)
shall take effect on April 1, 1984.
(2) SUBSECTION (b). -- The amendment made by subsection (b)
shall apply to transportation beginning after March 31, 1984, but
shall not apply to any amount paid on or before such date.
RESPONSE REVENUE ACT OF 1980.
(a) CLARIFICATION OF EXCEPTED SUBSTANCES. --
(1) IN GENERAL. -- Subsection (b) of section 4662 (relating to
definitions and special rules with respect to tax on certain chemicals)
is amended by adding at the end thereof the following new paragraphs:
"(5) SUBSTANCES USED IN THE PRODUCTION OF MOTOR FUEL, ETC. --
"(A) IN GENERAL. -- In the case of any chemical described in
subparagraph (D) which is a qualified fuel substance, no tax shall
be imposed under section 4661(a).
"(B) QUALIFIED FUEL SUBSTANCE. -- For purposes of this section,
the term 'qualified fuel substance' means any substance --
(i) used in a qualified fuel use by the manufacturer, producer,
or importer,
(ii) sold for use by any purchaser in a qualified fuel use, or
"(iii) sold for resale by any purchaser for use, resale for
ultimate use, in a qualified fuel use.
"(C) QUALIFIED FUEL USE. -- For purposes of this subsection,
the term 'qualified fuel use' means --
"(i) any use in the manufacture or production of any motor
fuel, diesel fuel, aviation fuel, or jet fuel, or
"(ii) any use as such a fuel.
"(D) CHEMICALS TO WHICH PARAGRAPH APPLIES. -- For purposes of
this subsection, the chemicals described in this subparagraph are
acetylene, benzene, butylene, butadiene, ethylene, naphthalene,
propylene, toluene, and xylene.
"(E) TAXATION OF NONQUALIFIED SALE OR USE. -- For purposes of
section 4661(a), if no tax was imposed by such section on the sale
or use of any chemical by reason of subparagraph (A), the first
person who sells or uses such chemical other than in a sale or use
described in subparagraph (A) shall be treated as the manufacturer
of such chemical.
"(6) SUBSTANCE HAVING TRANSITORY PRESENCE DURING REFINING PROCESS,
ETC. --
"(A) IN GENERAL. -- No tax shall be imposed under section
4661(a) on any taxable chemical described in subparagraph (B) by
reason of the transitory presence of such chemical during any
process of smelting, refining, or otherwise extracting any
substance not subject to tax under section 4661(a).
"(B) CHEMICALS TO WHICH SUBPARAGRAPH (A) APPLIES. -- The
chemicals described in this subparagraph are --
"(i) barium sulfide, cupric sulfate, cupric oxide, cuprous
oxide, lead oxide, zinc chloride, and zinc sulfate, and
"(ii) any solution or mixture containing any chemical described
in clause (i).
"(C) REMOVAL TREATED AS USE. -- Nothing in subparagraph (A)
shall be construed to apply to any chemical which is removed from
or ceases to be part of any smelting, refining, or other
extraction process."
(2) CREDIT OR REFUND FOR USE AS QUALIFIED FUEL, ETC. -- Subsection
(d) of section 4662 (relating to refund or credit for certain uses) is
amended by adding at the end thereof the following new paragraph:
"(3) USE AS QUALIFIED FUEL. -- Under regulations prescribed by the
Secretary, if --
"(A) a tax under section 4661 was paid with respect to any
chemical described in subparagraph (D) of subsection (b)(5)
without regard to subsection (b)(5), and
"(B) any person uses such chemical as a qualified fuel
substance,
then an amount equal to the excess of the tax so paid over the tax
determined with regard to subsection (b)(5) shall be allowed as a credit
or refund (without interest) to such person in the same manner as if it
were an overpayment of tax imposed by this section."
(3) METHANE AND BUTANE USED IN PRODUCTION OF MOTOR FUEL, ETC. --
Paragraph (1) of section 4662(b) is amended by inserting "or in the
manufacture or production of any motor fuel, diesel fuel, aviation fuel,
or jet fuel" after "than as a fuel".
(b) CLARIFICATION OF USE AS FERTILIZER. --
(1) IN GENERAL. -- Paragraph (2) of section 4662(b) is amended
by striking out subparagraphs (B) and (C) and inserting in lieu
thereof the following:
"(B) QUALIFIED FERTILIZER SUBSTANCE. -- For purposes of this
section, the term 'qualified fertilizer substance' means any
substance --
"(i) used in a qualified fertilizer use by the manufacturer,
producer, or importer,
"(ii) sold for use by any purchaser in a qualified fertilizer
use, or
"(iii) sold for resale by any purchaser for use, or resale for
ultimate use, in a qualified fertilizer use.
"(C) QUALIFIED FERTILIZER USE. -- The term 'qualified
fertilizer use' means any use in the manufacture or production of
fertilizer or for direct application as a fertilizer.
"(D) TAXATION OF NONQUALIFIED SALE OR USE. -- For purposes of
section 4661(a), if no tax was imposed by such section on the sale
or use of any chemical by reason of subparagraph (A), the first
person who sells or uses such chemical other than in a sale or use
described in subparagraph (A) shall be treated as the manufacturer
of such chemical."
(2) TECHNICAL AMENDMENTS. --
(A) Subparagraph (A) of section 4662(b)(2) is amended by
striking out "qualified substance" and inserting in lieu thereof
"qualified fertilizer substance".
(B) Subparagraph (B) of section 4662(d)(2) is amended to read
as follows:
"(B) any person uses such substance as a qualified fertilizer
substance,".
(c) CONFORMING AMENDMENT. -- Subsection (c) of section 4662 (relating
to use by manufacturer, etc., considered sale) is amended by striking
out "If" and inserting in lieu thereof "Except as provided in subsection
(b), if".
(d) EFFECTIVE DATE. --
(1) IN GENERAL. -- The amendments made by this section shall
take effect as if included in the amendments made by section 211(
a) of the Hazardous Substance Response Revenue Act of 1980.
(2) WAIVER OF LIMITATION. -- If refund or credit of any
overpayment of tax resulting from the application of the
amendments made by this section is prevented at any time before
the date which for one year after the date of the enactment of
this Act by the operation of any law or rule of law (including res
judicate), refund or credit of such overpayment (to the extent
attributable to the application of such amendments) may,
nevertheless, be made or allowed if claim therefor is filed on or
before the date which for one year after the date of the enactment
of this Act.
HOLDING COMPANY WHICH OWNS STOCK IN CLOSELY HELD
OPERATING COMPANY.
(a) GENERAL RULE. -- Subsection (b) of section 6166 (relating to
extension of time for payment of estate tax where estate consists
largely of interests in closely held business) is amended by adding at
the end thereof the following new paragraph:
"(8) STOCK IN HOLDING COMPANY TREATED AS BUSINESS COMPANY STOCK
IN CERTAIN CASES. --
"(A) IN GENERAL. -- If the executor elects the benefits of this
paragraph, then --
"(i) HOLDING COMPANY STOCK TREATED AS BUSINESS COMPANY STOCK.
-- For purposes of this section, the portion of the stock of any
holding company which represents direct ownership (or indirect
ownership through 1 or more other holding companies) by such
company in a business company shall be deemed to be stock in such
business company.
"(ii) 5-YEAR DEFERRAL FOR PRINCIPAL NOT TO APPLY. -- The
executor shall be treated as having selected under subsection
(a)(3) the date prescribed by section 6151(a).
"(iii) 4-PERCENT INTEREST RATE NOT TO APPLY. -- Section 6601(
j) (relating to 4-percent rate of interest) shall not apply.
"(B) ALL STOCK MUST BE NON-READILY-TRADABLE STOCK. -- No stock
shall be taken into account for purposes of applying this
paragraph unless it is non-readily-tradable stock (within the
meaning of paragraph (7)(B)).
"(C) APPLICATION OF VOTING STOCK REQUIREMENT OF PARAGRAPH (1)(
c)(i). -- For purposes of clause (i) of paragraph (1)(C), the
deemed stock resulting from the application of subparagraph (A)
shall be treated as voting stock to the extent that voting stock
in the holding company owns directly (or through the voting stock
of 1 or more other holding companies) voting stock in the business
company.
"(D) DEFINITIONS. -- For purposes of this paragraph --
"(i) HOLDING COMPANY. -- The term 'holding company' means any
corporation holding stock in another corporation.
"(ii) BUSINESS COMPANY. -- The term 'business company' means
any corporation carrying on a trade or business."
(b) DEFERRAL OF ESTATE TAXES NOT AVAILABLE FOR PASSIVE ASSETS. --
Subsection (b) of section 6166 is amended by adding at the end thereof
the following new paragraph:
"(9) DEFERRAL NOT AVAILABLE FOR PASSIVE ASSETS. --
"(A) IN GENERAL. -- For purposes of subsection (a)(1) and
determining the closely held business amount (but not for purposes
of subsection (g)), the value of any interest in a closely held
business shall not include the value of that portion of such
interest which is attributable to passive assets held by the
business.
"(B) PASSIVE ASSET DEFINED. -- For purposes of this paragraph
--
"(i) IN GENERAL. -- The term 'passive asset' means any asset
other than an asset used in carrying on a trade or business.
"(ii) STOCK TREATED AS PASSIVE ASSET. -- The term 'passive
asset' includes any stock in another corporation unless --
"(I) such stock is treated as held by the decedent by reason of
an election under paragraph (8), and
"(II) such stock qualifed under subsection (a)(1).
"(iii) EXCEPTION FOR ACTIVE CORPORATIONS. -- If --
"(I) a corporation owns 20 percent or more in value of the
voting stock of another corporation, or such other corporation has
15 or fewer shareholders, and
"(II) 80 percent or more of the value of the assets of each
such corporation is attributable to assets used in carrying on a
trade or business,
then such corporations shall be treated as 1 corporation for
purposes of clause (ii). For purposes of applying subclause (II)
to the corporation holding the stock of the other corporation,
such stock shall not be taken into account."
(c) ACCELERATION OF PAYMENT. -- Paragraph (1) of section 6166(g)
(relating to disposition of interest; withdrawl of funds from business)
is amended by adding at the end thereof the following new subparagraphs:
"(E) CHANGES IN INTEREST IN HOLDING COMPANY. -- If any stock in
a holding company is treated as stock in a business company by
reason of subsection (b)(8)(A) --
"(i) any disposition of any interest in such stock in such
holding company which was included in determining the gross estate
of the decedent, or
"(ii) any withdrawal of any money or other property from such
holding company attributable to any interest included in
determining the gross estate of the decedent,
shall be treated for purposes of subparagraph (A) as a
disposition of (or a withdrawal with respect to) the stock
qualifying under subsection (a)(1).
"(F) CHANGES IN INTEREST IN BUSINESS COMPANY. -- If any stock
in a holding company is treated as stock in a business company by
reason of subsection (b)(8)(A) --
"(i) any disposition of any interest in such stock in the
business company by such holding company, or
"(ii) any withdrawal of any money or other property from such
business company attributable to such stock by such holding
company owning such stock, shall be treated for purposes of
subparagraph (A) as a disposition of (or a withdrawal with respect
to) the stock qualifying under subsection (a)(1)."
(d) UNDISTRIBUTED INCOME OF ESTATE. -- Paragraph (2) of section
6166(g) (relating to undistributed income of estate) is amended by
adding at the end thereof the following new subparagraph:
"(C) For purposes of this paragraph, if any stock in a
corporation is treated as stock in another corporation by reason
of subsection (b)(8)(A), any dividends paid by such other
corporation to the corporation shall be treated as paid to the
estate of the decedent to the extent attributable to the stock
qualifying under subsection (a)(1)."
(e) EFFECTIVE DATE. --
(1) IN GENERAL. -- The amendments made by this section shall
apply with respect to estates of decedents dying after the date of
the enactment of this Act.
(2) SPECIAL RULE. --
(A) IN GENERAL. -- At the election of the executor, if --
(i) a corporation has 15 or fewer shareholders on June 22,
1984, and at all times thereafter before the date of the
decedent's death, and
(ii) stock of such corporation is included in the gross estate
of the decedent,
then all other corporations all of the stock of which is owned
directly or indirectly by the corporation described in clauses (i)
and (ii) shall be treated as one corporation for purposes of
section 6166 of the Internal Revenue Code of 1954.
(B) EFFECT OF ELECTION. -- Any executor who elects the
application of this paragraph shall be treated as having made the
election under paragraph (8) of section 6166(b) of such Code.
INSTRUMENTS CREATING CHARITABLE REMAINDER TRUSTS AND
OTHER CHARITABLE INTERESTS.
(a) GENERAL RULE. -- Paragraph (3) of section 2055(e) (relating to
disallowance of deductions in certain cases) is amended to read as
follows:
"(3) REFORMATIONS TO COMPLY WITH PARAGRAPH (2). --
"(A) IN GENERAL. -- A deduction shall be allowed under
subsection (a) in respect of any qualified reformation.
"(B) QUALIFIED REFORMATION. -- For purposes of this paragraph,
the term 'qualified reformation' means a change of a governing
instrument by reformation, amendment, construction, or otherwise
which changes a reformable interest into a qualified interest but
only if --
"(i) any difference between --
"(I) the actuarial value (determined as of the date of the
decedent's death) of the qualified interest, and
"(II) the actuarial value (as so determined) of the reformable
interest,
does not exceed 5 percent of the actuarial value as so
determined) of the reformable interest,
"(ii) in the case of --
"(I) a charitable remainder interest, the nonremainder interest
(before and after the qualified reformation) terminated at the
same time, or
"(II) any other interest, the reformable interest and the
qualified interest are for the same period, and
"(iii) such change is effective as of the date of the
decedent's death.
A nonremainder interest (before reformation) for a term of
years in excess of 20 years shall be treated as satisfying
subclause (I) of clause (ii) if such interest (after reformation)
is for a term of 20 years.
"(C) REFORMABLE INTEREST. -- For purposes of this paragraph --
"(i) IN GENERAL. -- The term 'reformable interest' means any
interest for which a deduction would be allowable under subsection
(a) at the time of the decedent's death but for paragraph (2).
"(ii) BENEFICIARY'S INTEREST MUST BE FIXED. -- The term
'reformable interest' does not include any interest unless, before
the remainder vests in possession, all payments to persons other
than an organization described in subsection (a) are expressed
either in specified dollar amounts or a fixed percentage of the
fair market value of the property. For purposes of determining
whether all such payments are expressed as a fixed percentage of
the fair market value of the property, section 664(d)(3) shall be
taken into account.
"(iii) SPECIAL RULE WHERE TIMELY COMMENCEMENT OF REFORMATION.
-- Clause (ii) shall not apply to any interest if a judicial
proceeding is commenced to change such interest into a qualified
interest not later than the 90th day after --
"(I) if an estate tax return is required to be filed, the last
date (including extensions) for filing such return, or
"(II) if no estate tax return is required to be filed, the last
date (including extensions) for filing the income tax return for
the 1st taxable year for which such a return is required to be
filed by the trust.
"(iv) SPECIAL RULE FOR WILL EXECUTED BEFORE JANUARY 1, 1979,
ETC. -- In the case of any interest passing under a will executed
before January 1, 1979, or under a trust created before such date,
clause (ii) shall not apply.
"(D) QUALIFIED INTEREST. -- For purposes of this paragraph, the
term 'qualified interest' means an interest for which a deduction
is allowable under subsection (a).
"(E) LIMITATION. -- The deduction referred to in subparagraph
(A) shall not exceed the amount of the deduction which would have
been allowable for the reformable interest but for paragraph (2).
"(F) SPECIAL RULE WHERE INCOME BENEFICIARY DIES. -- If (by
reason of the death of any individual, or by termination or
distribution of a trust in accordance with the terms of the trust
instrument) by the due date for filing the estate tax return
(including any extension thereof) a reformable interest is in a
wholly charitable trust or passes directly to a person or for a
use described in subsection (a), a deduction shall be allowed for
such reformable interest as if it had met the requirements of
paragraph (2) on the date of the decedent's death. For purposes
of the preceding sentence, the term 'wholly charitable trust'
means a charitable trust which, upon the allowance of a deduction,
would be described in section 4947(a)(1).
"(G) STATUTE OF LIMITATIONS. -- The period for assessing any
deficiency of any tax attributable to the application of this
paragraph shall not expire before the date 1 year after the date
on which the Secretary is notified that such reformantion has
occurred.
"(H) REGULATIONS. -- The Secretary shall prescribe such
regulations as may be necessary to carry out the purposes of this
paragraph, including regulations providing such adjustments in the
application of the provisions of section 508 (relating to special
rules relating to section 501(c)(3) organizations), subchapter J
(relating to estates, trusts, beneficiaries, and decedents), and
chapter 42 (relating to private foundations) as may be necessary
by reason of the qualified reformation.
"(I) REFORMATIONS PERMITTED IN CASE OF REMAINDER INTERESTS IN
RESIDENCE OR FARM, POOLED INCOME FUNDS, ETC. -- The Secretary
shall prescribe regulations (consistent with the provisions of
this paragraph) permitting reformations in the case of any failure
--
"(i) to meet the requirements of section 170(f)(3)(B) (relating
to remainder interests in personal residence or farm, etc.), or
"(ii) to meet the requirements of section 642(c)(5)."
(b) INCOME TAX DEDUCTION. -- Subsection (f) of section 170 (relating
to disallowance of deduction in certain cases and special rules) is
amended by adding at the end thereof the following new paragraph:
"(7) REFORMATIONS TO COMPLY WITH PARAGRAPH (2). --
"(A) IN GENERAL. -- A deduction shall be allowed under
subsection (a) in respect of any qualified reformation (within the
meaning of section 2055(e)(3)(B)).
"(B) RULES SIMILAR TO SECTION 2055(e)(3) TO APPLY. -- For
purposes of this paragraph, rules similar to the rules of section
2055(e)(3) shall apply."
(c) GIFT TAX DEDUCTION. -- Subsection (c) of section 2522 is amended
by adding at the end thereof the following new paragraph:
"(4) REFORMATIONS TO COMPLY WITH PARAGRAPH (2). --
"(A) IN GENERAL. -- A deduction shall be allowed under
subsection (a) in respect of any qualified reformation (within the
meaning of section 2055(e)(3)(B)).
"(B) RULES SIMILAR TO SECTION 2055(e)(3) TO APPLY. -- For
purposes of this paragraph, rules similar to the rules of section
2055(e)(3) shall apply."
(d) TREATMENT OF CERTAIN CONTINGENCIES UNDER SECTION 664. -- Section
664 (relating to charitable remainder trusts) is amended by adding at
the end thereof the following subsection:
"(f) CERTAIN CONTINGENCIES PERMITTED. --
"(1) GENERAL RULE. -- If a trust would, but for a qualified
contingency, meet the requirements of paragraph (1)(A) or (2)(A)
of subsection (d), such trust shall be treated as meeting such
requirements.
"(2) VALUE DETERMINED WITHOUT REGARD TO QUALIFIED CONTINGENCY.
-- For purposes of determining the amount of any charitable
contribution (or the actuarial value of any interest), a qualified
contingency shall not be taken into account.
"(3) QUALIFIED CONTINGENCY. -- For purposes of this subsection,
the term 'qualified contingency' means any provision of a trust
which provides that, upon the happening of a contingency, the
payments described in paragraph (1)(A) or (2)(A) of subsection (d)
(as the case may be) will terminate not later than such payments
would otherwise terminate under the trust."
(e) EFFECTIVE DATE. --
(1) SUBSECTIONS (a), (b), and (c). -- The amendments made by
subsections (a), (b), and (c) shall apply to reformations after
December 31, 1978; except that such amendments shall not apply to
any reformation to which section 2055(e)(3) of the Internal
Revenue Code of 1954 (as in effect on the day before the date of
the enactment of this Act) applies. For purposes of applying
clause (iii) of section 2055(e)(3)(C) of such Code (as amended by
this section), the 90th day described in such clause shall be
treated as not occurring before the 90th day after the date of the
enactment of this Act.
(2) SUBSECTION (d). -- The amendment made by subsection (d)
shall apply to transfers after December 31, 1978.
(3) STATUTE OF LIMITATIONS. --
(A) IN GENERAL. -- If on the date of the enactment of this Act
(or at any time before the date 1 year after such date of
enactment), credit or refund of any overpayment of tax
attributable to the amendments made by this section is barred by
any law or rule of law, such credit or refund of such overpayment
may nevertheless be made if claim therefor is filed before the
date 1 year after the date of the enactment of this Act.
(B) NO INTEREST WHERE STATUTE CLOSED ON DATE OF ENACTMENT. --
In any case where the making of the credit or refund of the
overpayment described in subparagraph (A) is barred on the date of
the enactment of this Act, no interest shall be allowed with
respect to such overpayment (or any related adjustment) for the
period before the date 180 days after the date on which the
Secretary of the Treasury (or his delegate) is notified that the
reformation has occurred.
WHERE IT RESULTS IN REDUCTION OF GROSS ESTATE AND ESTATE
TAX.
(a) GENERAL RULE. -- Section 2032 (relating to alternate valuation)
is amended by redesignating subsection (c) as subsection (d) and by
inserting after subsection (b) the following new subsection:
"(c) ELECTION MUST DECREASE GROSS ESTATE AND ESTATE TAX. -- No
election may be made under this section with respect to an estate unless
such election will decrease --
"(1) the value of the gross estate, and
"(2) the amount of the tax imposed by this chapter (reduced by
credits allowable against such tax)."
(b) EFFECTIVE DATE. -- The amendments made by subsection (a) shall
apply with respect to estates of decedents dying after the date of the
enactment of this Act.
CERTAIN LATE RETURNS.
(a) GENERAL RULE. -- Subsection (d) of section 2032 (relating to time
of election), as amended by section 1023, is amended to read as follows:
"(d) ELECTION. --
"(1) IN GENERAL. -- The election provided for in this section
shall be made by the executor on the return of the tax imposed by
this chapter. Such election, once made, shall be irrevocable.
"(2) EXCEPTION. -- No election may be made under this section
if such return is filed more than 1 year after the time prescribed
by law (including extensions) for filing such return."
(b) EFFECTIVE DATE. --
(1) IN GENERAL. -- The amendment made by subsection (a) shall
apply to estates of decedents dying after the date of the
enactment of this Act.
(2) TRANSITIONAL RULE. -- In the case of an estate of a
decedent dying before the date of the enactment of this Act if --
(A) a credit or refund of the tax imposed by chapter 11 of the
Internal Revenue Code of 1954 is not prevented on the date of the
enactment of this Act by the operation of any law or rule of law,
(B) the election under section 2032 of the Internal Revenue
Code of 1954 would have met the requirements of such section (as
amended by this section and section 1023) had the decedent died
after the date of enactment of this Act, and
(C) a claim for credit or refund of such tax with respect to
such estate is filed not later than the 90th day after the date of
the enactment of this Act,
then such election shall be treated as a valid election under
such section 2032. The statutory period for the assessment of any
deficiency which is attributable to an election under this
paragraph shall not expire before the close of the 2-year period
beginning on the date of the enactment of this Act.
SECTION 2032A.
(a) IN GENERAL. -- Section 2032A(d) (relating to election and
agreement) is amended by adding at the end thereof the following new
paragraph:
"(3) MODIFICATION OF ELECTION AND AGREEMENT TO BE PERMITTED. -- The
Secretary shall prescribe procedures which provide that in any case in
which --
"(A) the executor makes an election under paragraph (1) within
the time prescribed for filing such election, and
"(B) substantially complies with the regulations prescribed by
the Secretary with respect to such election, but --
"(i) the notice of election, as filed, does not contain all
required information, or
"(ii) signatures of 1 or more persons required to enter into
the agreement described in paragraph (2) are not included on the
agreement as filed, or the agreement does not contain all required
information,
the executor will have a reasonable period of time (not
exceeding 90 days) after notification of such failures to provide
such information or agreements."
(b) EFFECTIVE DATE. --
(1) IN GENERAL. -- The amendment made by this section shall
apply to estates of decedents dying after December 31, 1976.
(2) REFUND OR CREDIT OF OVERPAYMENT BARRED BY STATUTE OF
LIMITATIONS. -- Notwithstand section 6511(a) of the Internal
Revenue Code of 1954 or any other period of limitation or lapse of
time, a claim for credit or refund of overpayment of the tax
imposed by such Code which arises by reason of this section may be
filed by any person at any time within the 1-year period beginning
on the date of the enactment of this Act. Sections 6511(b) and
6514 of such Code shall not apply to any claim for credit or
refund filed under this subsection within such 1-year period.
MARCH 4, 1981.
(a) IN GENERAL. -- In the case of any transfer of property subject to
gift tax made before March 4, 1981, for purposes of subtitle A of the
Internal Revenue Code of 1954, gross income of the donor shall not
include any amount attributable to the donee's payment of (or agreement
to pay) any gift tax imposed with respect to such gift.
(b) GIFT TAX DEFINED. -- For purposes of subsection (a), the term
"gift tax" means --
(1) the tax imposed by chapter 12 of such Code, and
(2) any tax imposed by a State (or the District of Columbia) on
transfers by gifts.
(c) STATUTE OF LIMITATIONS. -- If refund or credit of any overpayment
of tax resulting from subsection (a) is prevented on the date of the
enactment of this Act (or at any time within 1 year after such date) by
the operation of any law or rule of law (including res judicata), refund
or credit of such overpayment (to the extent attributable to subsection
(a)) may nevertheless be made or allowed if claim therefor is filed
within 1 year after the date of the enactment of this Act.
(a) IN GENERAL. -- Subclause (1) of section 2056(b)(7)(B)(ii)
(relating to qualifying income interest for life) is amended by
inserting ", or has a usufruct interest for life in the property" after
"intervals".
(b) LIMITATION ON DEDUCTIONS FROM GROSS ESTATE. -- Paragraph (1) of
section 2053(c) (relating to limitations on deductions for expenses,
indebtedness, and taxes) is amended by adding at the end thereof the
following new subparagraph:
"(C) CERTAIN CLAIMS BY REMAINDERMEN. -- No deduction shall be
allowed under this section for a claim against the estate by a
remainderman relating to any property described in section 2044."
(c) EFFECTIVE DATE. -- The amendments made by this section shall take
effect as if included in the amendment made by section 403 of the
Economic Recovery Tax Act of 1981.
TOIYABE NATIONAL FOREST.
(a) CREDIT ALLOWED. -- Subject to the provisions of this section, and
notwithstanding any period of limitation or lapse of time, the Secretary
of the Treasury or his delegate shall allow credit against the tax
imposed by chapter 11 of the Internal Revenue Code of 1954 (relating to
the imposition of estate tax) --
(1) upon the estate of Nell J. Redfield for the conveyance by
the estate of the United States of real property included in the
gross estate and located within and adjacent to the boundaries of
the Toiyabe National Forest; and
(2) upon the estate of Elizabeth Schultz Rabe for the
conveyance by the estate to the United States of real property
included in the gross estate and known as Parcel No. 4 containing
97.60 acres, more or less, located in the County of Douglas, State
of Nevada, and described as follows:
The NE1/4 of the SW1/4, the NW1/4 of the SE1/4, and a portion
of the SE1/4 of the NW1/4 of Section 23, Township 13 North, Range
18 East, M.D.B.&M., more particularly described as follows: All
that portion of the SE1/4 of the NW1/4 excepting therefrom the
following: Beginning at a United States Forest Service Brass Cap,
being the C-N 1/16 corner of Section 23; thence South 0 degree
45'24" West 500.00 feet to an iron pipe; thence South 44 degrees
50'02" West 945.42 feet to an iron pipe; thence North 89 degrees
46'12" West 301.78 feet to a point; thence tangent North 20
degrees 28'20" East on the arc of a circular curve to the left
with a radius of 800 feet through a central angle of 40 degrees
44'50" an arc distance of 568.94 feet to a point; thence North 20
degrees 02'42" West 683.17 feet to a point; thence South 88
degrees 35'38" East 1206.29 feet to the Point of Beginning,
containing 22.40 acres, more or less.
(b) AMOUNT OF CREDIT. -- The amount allowed as a credit under
subsection (a) shall be equal to the lesser of --
(1) the fair market value of the real property transferred by
each estate as of the valuation date used for purposes of the tax
imposed by chapter 11 of such Code, or
(2) the Federal estate tax liability (and interest thereon) of
each estate.
(c) LIMITATIONS. --
(1) The provisions of this section shall apply only if the
executor of each estate executes a deed (in accordance with the
laws of the State in which such real property is situated)
transferring title to the United States before the date which is
90 days after the date of the enactment of this Act, but only if
such title is satisfactory to the Attorney General or his
delegate.
(2) The provisions of this section shall apply only if the real
property transferred is accepted by the Secretary of Agriculture
and added to the Toiyabe National Forest. The lands shall be
transferred to the Secretary of Agriculture without reimbursement
or payment from the Department of Agriculture.
(3) Unless the Secretary of Agriculture determines and
certifies to the Secretary of the Treasury that there has been an
expeditious transfer of the real property under this section, no
interest payable with respect to the tax imposed by chapter 11 of
the Internal Revenue Code of 1954 shall be deemed to be waived by
reasons of the the provisions of this section.
(a) IN GENERAL. -- Section 170 (relating to charitable, etc.,
contributions and gifts) is amended by redesignating subsections (j) and
(k) as subsections (k) and (l), respectively, and by inserting after
subsection (i) the following new subsection:
"(j) STANDARD MILEAGE RATE FOR USE OF PASSENGER AUTOMOBILE. -- For
purposes of computing the deduction under this section for use of a
passenger automobile the standard mileage rate shall be 12 cents per
mile."
(b) EFFECTIVE DATE. -- The amendments made by subsection (a) shall
apply to taxable years beginning after December 31, 1984.
INCLUDED WITHIN THE DEFINITION OF TAX-EXEMPT
ORGANIZATIONS.
(a) IN GENERAL. -- Section 501 (relating to exemption from tax on
corporations, certain trusts, etc.) is amended by redesignating
subsection (k) as subsection (l) and inserting after subsection (j) the
following new subsection:
"(k) TREATMENT OF CERTAIN ORGANIZATIONS PROVIDING CHILD CARE. -- For
purposes of subsection (c)(3) of this section and sections 170(c)(2),
2055(a)(2), and 2522(a)(2), the term 'educational purposes' includes the
providing of care of children away from their homes if --
"(1) substantially all of the care provided by the organization
is for purposes of enabling individuals to be gainfully employed,
and
"(2) the services provided by the organization are available to
the general public."
(b) CROSS REFERENCES. --
"(1) Subsection (k) of section 170, as redesignated by section
1031 of this Act, is amended by redesignating paragraphs (1)
through (8) as paragraphs (2) through (9), respectively, and by
inserting before paragraph (2) (as so redesignated) the following
new paragraph:
"(1) For treatment of certain organizations providing child
care, see section 501(k)."
(2) Subsection (f) of section 2055 is amended by redesignating
paragraphs (2) through (11) as paragraphs (3) through (12),
respectively, and by inserting after paragraph (1) the following
new paragraph:
"(2) For treatment of certain organizations providing child
care, see section 501(k)."
(3) Subsection (d) of section 2522 is amended by redesignating
paragraphs (1) and (2) as paragraphs (2) and (3), respectively,
and by inserting before paragraph (2) (as so redesignated) the
following new paragraph:
"(1) For treatment of certain organizations providing child
care, see section 501(k)."
(c) EFFECTIVE DATES. -- The amendments made by subsections (a) and
(b) shall apply to taxable years beginning after the date of the
enactment of this Act.
EXAMINATIONS.
(a) IN GENERAL. -- Subchapter A of chapter 78 (relating to discovery
of liability and enforcement of title) is amended by redesignating
section 7611 as section 7612 and inserting after section 7610 the
following new section:
EXAMINATIONS.
"(a) RESTRICTIONS ON INQUIRIES. --
"(1) IN GENERAL. -- The Secretary may begin a church tax
inquiry only if --
"(A) the reasonable belief requirements of paragraph (2), and
"(B) the notice requirements of paragraph (3), have been met.
"(2) REASONABLE BELIEF REQUIREMENTS. -- The requirements of
this paragraph are met with respect to any church tax inquiry if
an appropriate high-level Treasury official reasonably believes
(on the basis of facts and circumstances recorded in writing) that
the church --
"(A) may not be exempt, by reason of its status as a church,
from tax under section 501(a), or
"(B) may be carrying on an unrelated trade or business (within
the meaning of section 513) or otherwise engaged in activities
subject to taxation under this title.
"(3) INQUIRY NOTICE REQUIREMENTS. --
"(A) IN GENERAL. -- The requirements of this paragraph are met
with respect to any church tax inquiry if, before beginning such
inquiry, the Secretary provides written notice to the church of
the beginning of such inquiry.
"(B) CONTENTS OF INQUIRY NOTICE. -- The notice required by this
paragraph shall include --
"(i) an explanation of --
"(I) the concerns which gave rise to such inquiry, and
"(II) the general subject matter of such inquiry, and
"(ii) a general explanation of the applicable --
"(I) administrative and constitutional provisions with respect
to such inquiry (including the right to a conference with the
Secretary before any examination of church records), and
"(II) provisions of this title which authorize such inquiry or
which may be otherwise involved in such inquiry.
"(b) RESTRICTIONS ON EXAMINATIONS. --
"(1) IN GENERAL. -- The Secretary may begin a church tax
examination only if the requirements of paragraph (2) have been
met and such examination may be made only --
"(A) in the case of church records, to the extent necessary to
determine the liability for, and the amount of, any tax imposed by
this title, and
"(B) in the case of religious activities, to the extent
necessary to determine whether an organization claiming to be a
church is a church for any period.
"(2) NOTICE OF EXAMINATION; OPPORTUNITY FOR CONFERENCE. -- The
requirements of this paragraph are met with respect to any church
tax examination if --
"(A) at least 15 days before the beginning of such examination,
the Secretary provides the notice described in paragraph (3) to
both the church and the appropriate regional counsel of the
Internal Revenue Service, and
"(B) the church has a reasonable time to participate in a
conference described in paragraph (3)(A)(iii), but only if the
church requests such a conference before the beginning of the
examination.
"(3) CONTENTS OF EXAMINATION NOTICE, ET CETERA. --
"(A) IN GENERAL. -- The notice described in this paragraph is a
written notice which includes --
"(i) a copy of the church tax inquiry notice provided to the
church under subsection (a),
"(ii) a description of the church records and activities which
the Secretary seeks to examine,
"(iii) an offer to have a conference between the church and the
Secretary in order to discuss, and attempt to resolve, concerns
relating to such examination, and
"(iv) a copy of all documents which were collected or prepared
by the Internal Revenue Service for use in such examination and
the disclosure of which is required by the Freedom of Information
Act (5 U.S.C. 552).
"(B) EARLIEST DAY EXAMINATION NOTICE MAY BE PROVIDED. -- The
examination notice described in subparagraph (A) shall not be
provided to the church before the 15th day after the date on which
the church tax inquiry notice was provided to the church under
subsection (a).
"(C) OPINION OF REGIONAL COUNSEL WITH RESPECT TO EXAMINATION.
-- Any regional counsel of the Internal Revenue Service who
receives an examination notice under paragraph (1) may, within 15
days after such notice is provided, submit to the regional
commissioner for the region an advisory objection to the
examination.
"(4) EXAMINATION OF RECORDS AND ACTIVITIES NOT SPECIFIED IN
NOTICE. -- Within the course of a church tax examination which (at
the time the examination begins) meets the requirements of
paragraphs (1) and (2), the Secretary may examine any church
records or religious activities which were not specified in the
examination notice to the extent such examination meets the
requirement of subparagraph (A) or (B) of paragraph (1) (whichever
applies).
"(c) LIMITATION ON PERIOD OF INQUIRIES AND EXAMINATIONS. --
"(1) INQUIRIES AND EXAMINATIONS MUST BE COMPLETED WITHIN 2
YEARS. --
"(A) IN GENERAL. -- The Secretary shall complete any church tax
status inquiry or examination (and make a final determination with
respect thereto) not later than the date which is 2 years after
the examination notice date.
"(B) INQUIRIES NOT FOLLOWED BY EXAMINATIONS. -- In the case of
a church tax inquiry with respect to which there is no examination
notice under subsection (b), the secretary shall complete such
inquiry (and make a final determination with respect thereto) not
later than the date which is 90 days after the inquiry notice
date.
"(2) SUSPENSION OF 2-YEAR PERIOD. -- The running of the 2-year
period described in paragraph (1)(A) and the 90-day period in
paragraph (1)(B) shall be suspended --
"(A) for any period during which --
"(i) a judicial proceeding brought by the church against the
Secretary with respect to the church tax inquiry or examination is
pending or being appealed,
"(ii) a judicial proceeding brought by the Secretary against
the church (or any official thereof) to compel compliance with any
reasonable request of the Secretary in a church tax examination
for examination of church records or religious activities is
pending or being appealed, or
"(iii) the Secretary is unable to take actions with respect to
the church tax inquiry or examination by reason of an order issued
in any judicial proceeding brought under section 7609,
"(B) for any period in excess of 20 days (but not in excess of
6 months) in which the church or its agents fail to comply with
any reasonable request of the Secretary for church records or
other information, or
"(C) for any period mutually agreed upon by the Secretary and
the church.
"(d) LIMITATIONS ON REVOCATION OF TAX-EXEMPT STATUS, ETC. --
"(1) IN GENERAL. -- The Secretary may --
"(A) determine that an organization is not a church which --
"(i) is exempt from taxation by reason of section 501(a), or
"(ii) is described in section 170(c), or
"(B)(i) send a notice of deficiency of any tax involved in a
church tax examination, or
"(ii) in the case of any tax with respect to which subchapter B
of chapter 63 (relating to deficiency procedures) does not apply,
assess any underpayment of such tax involved in a church tax
examination,
only if the appropriate regional counsel of the Internal Revenue
Service determines in writing that there has been substantial compliance
with the requirements of this section and approves in writing of such
revocation, notice of deficiency, or assessment.
"(2) LIMITATIONS ON PERIOD OF ASSESSMENT. --
"(A) REVOCATION OF TAX-EXEMPT STATUS. --
"(i) 3-YEAR STATUTE OF LIMITATIONS GENERALLY. -- In the case of
any church tax examination with respect to the revocation of
tax-exempt status under section 501(a), any tax imposed by chapter
1 (other than section 511) may be assessed, or a proceeding in
court for collection of such tax may be begun without assessment,
only for the 3 most recent taxable years ending before the
examination notice date.
"(ii) 6-YEAR STATUTE OF LIMITATIONS WHERE TAX-EXEMPT STATUS
REVOKED. -- If an organization is not a church exempt from tax
under section 501(a) for any of the 3 taxable years described in
clause (i), clause (i) shall be applied by substituting '6 most
recent taxable years' for '3 most recent taxable years'.
"(B) UNRELATED BUSINESS TAX. -- In the case of any church tax
examination with respect to the tax imposed by section 511
(relating to unrelated business income), such tax may be assessed,
or a proceeding in court for the collection of such tax may be
begun without assessment, only with respect to the 6 most recent
taxable years ending before the examination notice date.
"(C) EXCEPTION WHERE SHORTER STATUTE OF LIMITATIONS OTHERWISE
APPLICABLE. -- Subparagraphs (A) and (B) shall not be construed to
increase the period otherwise applicable under subchapter A of
chapter 66 (relating to limitations on assessment and collection).
"(e) INFORMATION NOT COLLECTED IN SUBSTANTIAL COMPLIANCE WITH
PROCEDURES TO STAY SUMMONS PROCEEDING. --
"(1) IN GENERAL. -- If there has not been substantial
compliance with --
"(A) the notice requirements of subsection (a) or (b),
"(B) the conference requirement describe in subsection (b)(3)(
A)(iii), or
"(C) the approval requirement of subsection (d)(1) (if
applicable),
with respect to any church tax inquiry or examination, any
proceeding to compel compliance with any summons with respect to
such inquiry or examination shall be stayed until the court finds
that all practicable steps to correct the noncompliance have been
taken. The period applicable under paragraph (1) or subsection
(c) shall not be suspended during the period of any stay under the
preceding sentence.
"(2) REMEDY TO BE EXCLUSIVE. -- No suit may be maintained, and
no defense may be raised in any proceeding (other than as provided
in paragraph (1)), by reason of any noncompliance by the Secretary
with the requirements of this section.
"(f) LIMITATIONS ON ADDITIONAL INQUIRIES AND EXAMINATIONS. --
"(1) IN GENERAL. -- If any church tax inquiry or examination
with respect to any church is completed and does not result in --
"(A) a revocation, notice of deficiency, or assessment
described in subsection (d)(1), or
"(B) a request by the Secretary for any significant change in
the operational practices of the church (including the adequacy of
accounting practices),
no other church tax inquiry or examination may begin with
respect to such church during the applicable 5-year period unless
such inquiry or examination is approved in writing by the
Assistant Commissioner for Employee Plans and Exempt Organizations
of the Internal Revenue Service or does not involve the same or
similar issues involved in the preceding inquiry or examination.
For purposes of the preceding sentence, an inquiry or examination
shall be treated as completed not later than the expiration of the
applicable period under paragraph (1) of subsection (c).
"(2) APPLICABLE 5-YEAR PERIOD. -- For purposes of paragraph
(1), the term 'applicable 5-year period' means the 5-year period
beginning on the date the notice taken into account for purposes
of subsection (c)(1) was provided. For purposes of the preceding
sentence, the rules of subsection (c)(2) shall apply.
"(g) TREATMENT OF FINAL REPORT OF REVENUE AGENT. -- Any final report
of an agent of the Internal Revenue Service shall be treated as a
determination of the Secretary under paragraph (1) of section 7428(a),
and any church receiving such a report shall be treated for purposes of
sections 7428 and 7430 as having exhausted the administrative remedies
available to it.
"(h) DEFINITIONS. -- For purposes of this section --
"(1) CHURCH. -- The term 'church' includes --
"(A) any organization claiming to be a church, and
"(B) any convention or association of churches.
"(2) CHURCH TAX INQUIRY. -- The term 'church tax inquiry' means
any inquiry to a church (other than an examination) to serve as a
basis for determining whether a church --
"(A) is exempt from tax under section 501(a) by reason of its
status as a church, or
"(B) is carrying on an unrelated trade or business (within the
meaning of section 513) or otherwise engaged in activities which
may be subject to taxation under this title.
"(3) CHURCH TAX EXAMINATION. -- The term 'church tax
examination' means any examination for purposes of making a
determination described in paragraph (2) of --
"(A) church records at the request of the Internal Revenue
Service, or
"(B) the religious activities of any church.
"(4) CHURCH RECORDS. --
"(A) IN GENERAL. -- The term 'church records' means all
corporate and financial records regularly kept by a church,
including corporate minute books and lists of members and
contributors.
"(B) EXCEPTION. -- Such term shall not include records acquired
--
"(i) pursuant to a summons to which section 7609 applies, or
"(ii) from any governmental agency.
"(5) INQUIRY NOTICE DATE. -- The term 'inquiry notice date'
means the date the notice with respect to a church tax inquiry is
provided under subsection (a).
"(6) EXAMINATION NOTICE DATE. -- The term 'examination notice
date' means the date the notice with respect to a church tax
examination is provided under subsection (b) to the church.
"(7) APPROPRIATE HIGH-LEVEL TREASURY OFFICIAL. -- The term
'appropriate high-level Treasury official' means the Secretary of
the Treasury or any delegate of the Secretary whose rank is no
lower than that of a principal Internal Revenue officer for an
internal revenue region.
"(i) SECTION NOT TO APPLY TO CRIMINAL INVESTIGATIONS, ETC. -- This
section shall not apply to --
(A) any criminal investigation,
"(B) any inquiry or examination relating to the tax liability
of any person other than a church,
"(C) any assessment under section 6851 (relating to termination
assessments of income tax) or section 6861 (relating to jeopardy
assessments of income taxes, etc),
"(D) any willful attempt to defeat or evade any tax imposed by
this title, or
"(E) any knowing failure to file a return of tax imposed by the
title."
(b) TECHNICAL AMENDMENT RELATING TO SUBPOENA POWER OF THE DISTRICT
COURT FOR THE DISTRICT OF COLUMBIA. -- Section 7428 (relating to
declaratory judgments relating to status and classification of
organizations under section 501(c)(3), etc.) is amended by adding at the
end thereof the following new subsection:
"(d) SUBPOENA POWER FOR DISTRICT COURT FOR DISTRICT OF COLUMBIA. --
In any action brought under this section in the district court of the
United States for the District of Columbia, a subpoena requiring the
attendance of a witness at a trial or hearing may be served at any place
in the United States."
(c) CONFORMING AMENDMENTS. --
(1) Subsection (c) of section 7605 (relating to time and place
of examination) is amended to read as follows:
"(C) CROSS REFERENCE. --
"For provisions restricting church tax inquiries and
examinations, see section 7611."
(2) The table of sections for subchapter A of chapter 78 is
amended by striking out the item relating to section 7611 and
inserting in lieu thereof the following:
"Sec. 7611. Restrictions on church tax inquiries and
examinations.
"Sec. 7612. Cross references."
(d) EFFECTIVE DATE. -- The amendments made by this section shall
apply with respect to inquiries and examinations beginning after
December 31, 1984.
EDUCATIONAL INSTITUTIONS.
(a) GENERAL RULE. -- Paragraph (9) of section 514(c) (relating to
unrelated debt-financed income) is amended to read as follows:
"(9) REAL PROPERTY ACQUIRED BY A QUALIFIED ORGANIZATION. --
"(A) IN GENERAL. -- Except as provided in subparagraph (B), the
term 'acquisition indebtedness' does not, for purposes of this
section, include indebtedness incurred by a qualified organization
in acquiring or improving any real property.
"(B) EXCEPTIONS. -- The provisions of subparagraph (A) shall
not apply in any case in which --
"(i) the price for the acquisition or improvement is not a
fixed amount determined as of the date of the acquisition or the
completion of the improvement;
"(ii) the amount of any indebtedness or any other amount
payable with respect to such indebtedness, or the time for making
any payment of any such amount, is dependent, in whole or in part,
upon any revenue, income, or profits derived from such real
property;
"(iii) the real property is at any time after the acquisition
leased by the qualified organization to the person selling such
property to such organization or to any person who bears a
relationship described in section 267(b) or 707(b) to such person;
"(iv) the real property is acquired by a qualified trust from,
or is at any time after the acquisition leased by such trust to,
any person who --
"(I) bears a relationship which is described in subparagraph
(C), (E), or (G) of section 4975(e)(2) to any plan with respect to
which such trust was formed, or
"(II) bears a relationship which is described in subparagraph
(F) or (H) of section 4975(e)(2) to any person described in
subclause (I);
"(v) any person described in clause (iii) or (iv) provides the
qualified organization with financing in connection with the
acquisition or improvement; or
"(vi) the real property is held by a partnership unless the
partnership meets the requirements of clauses (i) through (v) and
unless --
"(I) all of the partners of the partnership are qualified
organizations, or
"(II) each allocation to a partner of the partnership which is
a qualified organization is a qualified allocation (within the
meaning of section 168(j)(9)).
For purposes of clause (vi)(I), an organization shall not be
treated as a qualified organization if any income of such
organization would be unrelated business taxable income
(determined without regard to this paragraph).
"(C) QUALIFIED ORGANIZATION. -- For purposes of this paragraph,
the term 'qualified organization' means --
"(i) an organization described in section 170(b)(1)(A)
(ii) and its affiliated support organizations described in
section 509(a); or
"(ii) any trust which constitutes a qualified trust under
section 401.
"(D) OTHER PASS-THRU ENTITIES; TIERED ENTITIES. -- Rules
similar to the rules of subparagraph (B)(vi) shall also apply in
the case of any pass-thru entity other than a partnership and in
the case of tiered partnerships and other entities."
(b) TREATMENT OF SEGREGATED ASSET ACCOUNTS. -- Section 514 (relating
to unrelated debt-financed income) is amended by adding at the end
thereof the following new subsection:
"(g) REGULATIONS. -- The Secretary shall prescribe such regulations
as may be necessary or appropriate to carry out the purposes of this
section, including regulations to prevent the circumvention of any
provision of this section through the use of segregated asset accounts.
(c) EFFECTIVE DATES. --
(1) IN GENERAL. -- The amendments made by this section shall
apply to indebtedness incurred after the date of the enactment of
this Act.
(2) EXCEPTION FOR INDEBTEDNESS ON CERTAIN PROPERTY ACQUIRED BEFORE
JANUARY 1, 1985. --
(A) The amendment made by subsection (a) shall not apply to any
indebtedness incurred before January 1, 1985, by a partnership
described in subparagraph (B) if such indebtedness is incurred
with respect to property acquired (directly or indirectly) by such
partnership before such date.
(B) A partnership is described in this subparagraph if --
(i) before October 21, 1983, the partnership was organized, a
request for exemption with respect to such partnership was filed
with the Department of Labor, and a private placement memorandum
stating the maximum number of units in the partnership that would
be offered had been circulated,
(ii) the interest in the property to be acquired, directly or
indirectly (including through acquiring an interest in another
partnership) by such partnership was described in such private
placement memorandum, and
(iii) the marketing of partnership interests in such
partnership is completed not later than 2 years after the later of
the date of enactment of this Act or the date of publication in
the Federal Register of such exemption by the Department of Labor
and the aggregate number of units in such partnership sold does
not exceed the amount described in clause (i).
(3) EXCEPTION FOR INDEBTEDNESS ON CERTAIN PROPERTY ACQUIRED BEFORE
JANUARY 1, 1986. --
(A) The amendment made by subsection (a) shall not apply to any
indebtedness incurred before January 1, 1986, by a partnership
described in subparagraph (B) if such indebtedness is incurred
with respect to property acquired (directly or indirectly) by such
partnership before such date.
(B) A partnership is described in this paragraph if --
(i) before March 6, 1984, the partnership was organized and
publicly announced, the maximum amount of interests which would be
sold in such partnership, and
(ii) the marketing of partnership interests in such partnership
is completed not later than the 90th day after the date of the
enactment of this Act and the aggregate amount of interests in
such partnership sold does not exceed the maximum amount described
in clause (i).
For purposes of clause (i), the maximum amount taken into
account shall be the greatest of the amounts shown in the
registration statement, prospectus, or partnership agreement.
(C) BINDING CONTRACTS. -- For purposes of this paragraph,
property shall be deemed to have been acquired before January 1,
1986, if such property is acquired pursuant to a written contract
which, on January 1, 1986, and at all times thereafter, required
the acquisition of such property and such property is placed in
service not later than 6 months after the date such contract was
entered into.
QUALIFIED CONSERVATION CONTRIBUTIONS.
(a) IN GENERAL. -- Subparagraph (B) of section 170(h)(5) (defining
exclusively for conservation purposes) is amended to read as follows:
"(B) NO SURFACE MINING PERMITTED. --
"(i) IN GENERAL. -- Except as provided in clause (ii), in the
case of a contribution of any interest where there is a retention
of a qualified mineral interest, subparagraph (A) shall not be
treated as met if at any time there may be extraction or removal
of minerals by any surface mining method.
"(ii) SPECIAL RULE. -- With respect to any contribution of
property in which the ownership of the surface estate and mineral
interests were separated before June 13, 1976, and remain so
separated, subparagraph (A) shall be treated as met if the
probability of surface mining occurring on such property is so
remote as to be negligible."
(b) EFFECTIVE DATE. -- The amendment made by subsection (a) shall
apply to contributions made after the date of the enactment of this Act.
SEC. 1041. 1-YEAR EXTENSION OF TARGETED JOBS CREDIT.
(a) IN GENERAL. -- Paragraph (3) of section 51(c) (defining wages
qualifying for targeted jobs credit) is amended by striking out
"December 31, 1984" and inserting in lieu thereof "December 31, 1985".
(b) ADDITIONAL AUTHORIZATION OF APPROPRIATIONS.-- Paragraph (2) of
section 261(f) of the Economic Recovery Tax Act of 1981 is amended by
striking out "fiscal years 1983 and 1984" and inserting in lieu thereof
"fiscal years 1983, 1984, and 1985".
(c) TARGETED JOBS CREDIT TECHNICAL AMENDMENTS. --
(1) TREATMENT OF SUCCESSOR EMPLOYERS; TREATMENT OF EMPLOYEES
PERFORMING SERVICES FOR OTHER PERSONS. -- Section 51 (relating to
amount of targeted jobs credit) is amended by adding at the end
thereof the following new subsection:
"(j) TREATMENT OF SUCCESSOR EMPLOYERS; TREATMENT OF EMPLOYEES
PERFORMING SERVICES FOR OTHER PERSONS. --
"(1) TREATMENT OF SUCCESSOR EMPLOYERS. -- Under regulations
prescribed by the Secretary, in the case of a successor employer
referred to in section 3306(b)(1), the determination of the amount
of the credit under this section with respect to wages paid by
such successor employer shall be made in the same manner as if
such wages were paid by the predecessor employer referred to in
such section.
"(2) TREATMENT OF EMPLOYEES PERFORMING SERVICES FOR OTHER
PERSONS. -- No credit shall be determined under this section with
respect to remuneration paid by an employer to an employee for
services performed by such employee for another person unless the
amount reasonably expected to be received by the employer for such
services from such other person exceeds the remuneration paid by
the employer to such employee for such services."
(2) SPECIAL RULE FOR CERTIFICATION. -- Subparagraph (A) of
section 51(d)(16) (relating to special rules for certifications)
is amended by adding at the end thereof the following new
sentence:
"For purposes of the preceding sentence, if on or before the
day on which such individual begins work for the employer, such
individual has received from a designated local agency (or other
agency or organization designated pursuant to a written agreement
with such designated local agency) a written preliminary
determination that such individual is a member of a targeted
group, then 'the fifth day' shall be substituted for 'the day' in
such sentence."
(3) AGE REQUIREMENT FOR QUALIFIED SUMMER YOUTH EMPLOYEE. --
Clause (ii) of section 51(d)(12)(A) (defining qualified summer
youth employee) is amended by striking out "(as defined in
paragraph (14))" and inserting in lieu thereof "(or if later, on
May 1 of the calendar year involved)".
(4) TECHNICAL AMENDMENT. -- Paragraph (2) of section 51(b) is
amended by striking out "(or, in the case of a vocational
rehabilitation referral, the day the individual begins work for
the employer on or after the beginning of such individual's
rehabilitation plan)".
(5) EFFECTIVE DATES. --
(A) IN GENERAL. -- Except as provided in subparagraph (B), the
amendments made by this section shall apply to individuals who
begin work for the employer after the date of the enactment of
this Act.
(B) SPECIAL RULE FOR EMPLOYEES PERFORMING SERVICES FOR OTHER
PERSONS. -- Paragraph (2) of section 51(j) of the Internal Revenue
Code of 1954 (as added by this subsection) and the amendment made
by paragraph (3) of this subsection shall apply to individuals who
begin work for the employer after December 31, 1984.
SEC. 1042. INCREASE IN EARNED INCOME CREDIT.
(a) INCREASE IN RATE OF CREDIT. -- Subsection (a) of section 32
(relating to earned income credit), as redesignated by title IV of this
Act, is amended by striking out "10 percent" and inserting in lieu
thereof "11 percent".
(b) ADJUSTMENT OF CREDIT PHASE-OUT. -- Paragraph (2) of section 32(
b) (as so redesignated) is amended to read as follows: "(2) 12 2/
9percent of so much of the adjusted gross income (or, if greater, the
earned income) of the taxpayer for the taxable year as exceeds $6,500."
(c) CREDIT NOT ALLOWABLE TO TAXPAYERS SUBJECT TO ALTERNATIVE MINIMUM
TAX. -- Section 32 (as so redesignated) is amended by adding at the end
thereof the following new subsection:
"(h) REDUCTION OF CREDIT TO TAXPAYERS SUBJECT TO ALTERNATIVE MINIMUM
TAX. -- The credit allowed under this section for the taxable year shall
be reduced by the amount of tax imposed by section 55 (relating to
alternative minimum tax for taxpayers other than corporations) with
respect to such taxpayer for such taxable year."
(d) TECHNICAL AMENDMENTS. --
(1) Paragraph (1) of section 32(b) (as so redesignated) is
amended by striking out "$500" and inserting in lieu thereof
"$550".
(2) Subparagraphs (A) and (B) of section 32(f)(2) (as so
redesignated) are amended to read as follows:
"(A) for earned income between $0 and $11,000, and
"(B) for adjusted gross income between $6,500 and $11,000."
(3) Clauses (i) and (ii) of section 3507(c)(2)(B) are amended
to read as follows:
"(i) of not more than 11 percent of the first $5,000 of earned
income, which
"(ii) phases out between $6,500 and $11,000 of earned income,
or".
(4) Clauses (i) and (ii) of section 3507(c)(2)(C) are amended
to read as follows:
"(i) of not more than 11 percent of the first $2,500 of earned
income, which
"(ii) phases out between $3,250 and $5,500 of earned income."
(e) EFFECTIVE DATE. -- The amendments made by this section shall
apply to taxable years beginning after December 31, 1984.
REHABILITATED BUILDING.
(a) IN GENERAL. -- Paragraph (1) of section 48(g) (relating to
qualified rehabilitated buildings) is amended by adding at the end
thereof the following new subparagraph:
"(E) ALTERNATIVE TEST FOR DEFINITION OF QUALIFIED REHABILITATED
BUILDING.-- The requirement in clause (iii) of subparagraph (A)
shall be deemed to be satisfied if in the rehabilitation process
--
"(i) 50 percent or more of the existing external walls of the
building are retained in place as external walls,
"(ii) 75 percent or more of the existing external walls of such
building are retained in place as internal or external walls, and
"(iii) 75 percent or more of the existing internal structural
framework of such building is retained in place."
(b) EFFECTIVE DATE. -- The amendments made by this section shall
apply to expenditures incurred after December 31, 1983, in taxable years
ending after such date.
TO DEMOLISH OR RELOCATE RESIDENCE IN DISASTER AREA
BECAUSE OF DISASTER.
(a) GENERAL RULE. -- Section 165 (relating to losses) is amended by
redesignating subsection (k) as subsection (l) and by inserting after
subsection (j) the following new subsection:
"(k) TREATMENT AS DISASTER LOSS WHERE TAXPAYER ORDERED TO DEMOLISH OR
RELOCATE RESIDENCE IN DISASTER AREA BECAUSE OF DISASTER. -- In the case
of a taxpayer whose residence is located in an area which has been
determined by the President of the United States to warrant assistance
by the Federal Government under the Disaster Relief Act of 1974, if --
"(1) not later than the 120th day after the date of such
determination, the taxpayer is ordered, by the government of the
State or any political subdivision thereof in which such residence
is located, to demolish or relocate such residence, and
"(2) the residence has been rendered unsafe for use as a
residence by reason of the disaster,
any loss attributable to such disaster shall be treated as a loss
which arises from a casualty and which is described in subsection (i)."
(b) EFFECTIVE DATE. -- The amendment made by subsection (a) shall
apply to taxable years ending after December 31, 1981, with respect to
residences in areas determined by the President of the United States,
after such date, to warrant assistance by the Federal Government under
the Disaster Relief Act of 1974.
SEC. 1052. ALLOCATION OF EXPENSES TO PARSONAGE ALLOWANCES.
With respect to any mortgage interest or real property tax costs paid
or incurred before January 1, 1986, by any minister of the gospel who
owned and occupied a home before January 3, 1983 (or had a contract to
purchase a home before such date and subsequently owned and occupied
such home), the application of section 265(1) of the Internal Revenue
Code of 1954 to such costs shall be determined without regard to Revenue
Ruling 83-3 (and without regard to any other regulation, ruling, or
decision reaching the same result, or a result similar to the result,
set forth in such Revenue Ruling).
SEC. 1053. ARMED FORCES OVERSEAS QUARTERS.
(a) IN GENERAL. -- Subsection (h) of section 1034 (relating to
rollover of gain on sale of principal residence) is amended to read as
follows:
"(h) MEMBERS OF ARMED FORCES. --
"(1) IN GENERAL. -- The running of any period of time specified
in subsection (a) or (c) (other than the 2 years referred to in
subsection (c)(4)) shall be suspended during any time that the
taxpayer (or his spouse if the old residence and the new residence
are each used by the taxpayer and his spouse as their principal
residence) serves on extended active duty with the Armed Forces of
the United States after the date of the sale of the old residence,
except that any such period of time as so suspended shall not
extend beyond the date 4 years after the date of the sale of the
old residence.
"(2) MEMBERS STATIONED OUTSIDE THE UNITED STATES OR REQUIRED TO
RESIDE IN GOVERNMENT QUARTERS. -- In the case of any taxpayer who,
during any period of time the running of which is suspended by
paragraph (1) --
"(A) is stationed outside of the United States, or
"(B) after returning from a tour of duty outside of the United
States and pursuant to a determination by the Secretary of Defense
that adequate off-base housing is not available at a remote base
site, is required to reside in on-base Government quarters,
any such period of time as so suspended shall not expire before
the last day described in subparagraph (A) or (B), as the case may
be, except that any such period of time as so suspended shall not
extend beyond the date which is 8 years after the date of the sale
of the old residence.
"(3) EXTENDED ACTIVE DUTY DEFINED. -- For purposes of this
subsection, the term 'extended active duty' means any period of
active duty pursuant to a call or order to such duty for a period
in excess of 90 days or for an indefinite period."
(b) EFFECTIVE DATE. -- The amendments made by this section shall
apply to sales of old residences (within the meaning of section 1034 of
the Internal Revenue Code of 1954) after the date of the enactment of
this Act.
AND SPECIALLY DESIGNED FOR HANDICAPPED FOSTER CHILD.
(a) IN GENERAL. -- If the Federal income tax attributable to the
receipt of the prize described in subsection (b) is paid not later than
one year after the date of the enactment of this Act, such payment shall
be treated for purposes of the Internal Revenue Code of 1954 as being in
full satisfaction of such tax and all interest, additions to the tax,
additional amounts, and penalties in respect of liability for such
Federal income tax.
(b) DESCRIPTION OF PRIZE. -- For purposes of subsection (a), the
prize described in this subsection is a residence which --
(1) was won by the taxpayer in a local radio contest,
(2) was specially designed to meet the needs of a handicapped
foster child of the taxpayer,
(3) is the principal residence (within the meaning of section
1034 of such Code) of the taxpayer, and
(4) had a lien placed on it by the Internal Revenue Service on
May 24, 1983, after an Internal Revenue Service supervisor had
overruled two payment schedules negotiated with the taxpayer for
the payment of taxes, interest, and penalties on income
attributable to such residence for the taxpayer's 1980 taxable
year.
(c) TAX DETERMINED WITHOUT REGARD TO INTEREST, ETC. -- For purposes
of subsection (a), the Federal income tax attributable to the prize
described in subsection (b) shall be determined without regard to
interest, additions to the tax, additional amounts, and penalties.
OF 1983 TO WHEAT FOR 1984 CROP YEAR.
(a) EXTENSION. --
(1) IN GENERAL. -- Section 5 of the Payment-in-Kind Tax
Treatment Act of 1983 (relating to definitions and special rules)
is amended by redesignating subsection (b) as subsection (c) and
by inserting after subsection (a) the following new subsection:
"(b) EXTENSION TO WHEAT PLANTED AND HARVESTED IN 1984. -- In the case
of wheat --
"(1) any reference in this Act to the 1983 crop year shall
include a reference to the 1984 crop year, and
"(2) any reference to the 1983 payment-in-kind program shall
include a reference to any program for the 1984 year for wheat
which meets the requirements of subparagraphs (A) and (B) of
subsection (a)(1)."
(2) DEFINITION OF CROP YEAR. -- Paragraph (2) of section 5(a)
of such Act is amended to read as follows:
"(2) CROP YEAR. -- The term '1983 crop year' means the crop
year for any crop the planting or harvesting period for which
occurs during 1983. The term '1984 crop year' means the crop year
for wheat the planting and harvesting period for which occurs
during 1984."
(b) EFFECTIVE DATE. -- The amendments made by this section shall
apply with respect to commodities received for the 1984 crop year (as
defined in section 5(a)(2) of the Payment-in-Kind Tax Treatment Act of
1983 as amended by subsection (a)).
ELIMINATING ARCHITECTURAL AND TRANSPORTATION BARRIERS TO
THE HANDICAPPED.
(a) EXTENSION. --
(1) IN GENERAL. -- Subsection (d) of section 190 (relating to
expenditures to remove architectural and transportation barriers
to the handicapped and elderly) is amended to read as follows:
"(d) APPLICATION OF SECTION. -- This section shall apply to --
"(1) taxable years beginning after December 31, 1976, and
before January 1, 1983, and
"(2) taxable years beginning after December 31, 1983, and
before January 1, 1986."
(2) CONFORMING AMENDMENT. -- Subsection (c) of section 2122 of
the Tax Reform Act of 1976 (26 U.S.C. 190 note) (relating to
effective date for allowance of deduction for eliminating
architectural and transportation barriers for the handicapped) is
amended by striking out "and before January 1, 1983".
(b) INCREASE IN DEDUCTION. -- Subsection (c) of section 190 (relating
to limitation of deduction) is amended by striking out "$25,000" and
inserting in lieu thereof "$35,000".
(c) EFFECTIVE DATE. -- The amendment made by subsection (b) shall
apply to taxable years beginning after December 31, 1983.
EXPENSES OF DEMOLITION OF CERTAIN STRUCTURES.
(a) EXTENSION TO ALL STRUCTURES; DISALLOWANCE MADE PERMANENT. --
Section 280B (relating to demolition of certain historic structures) is
amended --
(1) by striking out all of subsection (a) which precedes
paragraph (1) thereof and inserting in lieu thereof the following:
"In the case of the demolition of any structure -- "; and
(2) by striking out subsections (b) and (c).
(b) CONFORMING AMENDMENTS. --
(1) The heading for section 280B is amended by striking out
"CERTAIN HISTORIC".
(2) The item relating to section 280B in the table of sections
for part IX of subchapter B of chapter 1 is amended by striking
out "certain historic".
(c) EFFECTIVE DATE. -- The amendments made by this section shall
apply to taxable years beginning after December 31, 1983.
LOW-INCOME RENTAL HOUSING.
Subsection (k) of section 167 (relating to depreciation of
expenditures to rehabilitate low-income rental housing) is amended by
striking out "January 1, 1984" each place it appears and inserting in
lieu thereof "January 1, 1987".
STATES MADE PERMANENT.
(a) IN GENERAL -- Section 204 of the Indian Tribal Governmental Tax
Status Act of 1982 is amended --
(1) by striking out "and before January 1, 1985," each place it
appears, and
(2) by striking out", and shall cease to apply at the close of
December 31, 1984" in paragraph (5) thereof.
(b) TREATMENT AS STATE EXPANDED FOR CERTAIN PURPOSES. -- Paragraph
(6) of section 7871 (relating to Indian tribal governments treated as
States for certain purposes) is amended by striking out subparagraphs
(B) and (C) and inserting in lieu thereof the following:
"(B) section 105(e) (relating to accident and health plans),
"(C) section 117(b)(2)(A) (relating to scholarships and
fellowship grants),
"(D) section 162(e) (relating to appearances, etc., with
respect to legislation),
"(E) section 403(b)(1)(A)(ii) (relating to the taxation of
contributions of certain employers for employee annuities), and
"(F) section 454(b)(2) (relating to discount obligations).
(c) EFFECTIVE DATE. -- The amendment made by subsection (b) shall
apply to taxable years beginning after December 31, 1984.
INCOME FROM S CORPORATIONS.
(a) IN GENERAL. -- If --
(1) a corporation had an election in effect under subchapter S
of the Internal Revenue Code of 1954 for the taxable years of such
corporation beginning in 1982, 1983, and 1984, and
(2) a shareholder of such corporation makes an election to have
this section apply,
then any qualified income which such shareholder takes into account
by reason of holding stock in such corporation for any taxable year of
such corporation beginning to 1983 or 1984 shall be treated for purposes
of section 163(d) of the Internal Revenue Code of 1954 as such income
would have been treated but for the enactment of the Subchapter S
Revision Act of 1982.
(b) QUALIFIED INCOME. -- For purposes of subsection (a), the term
"qualified income" means any income other than income which is
attributable to personal services performed by the shareholder for the
corporation.
(c) ELECTION. -- The election under subsection (a)(2) shall be made
at such time and in such manner as the Secretary of the Treasury or his
delegate may by regulations prescribe.
GASIFICATION FACILITIES.
(a) IN GENERAL. -- Paragraph (3) of section 208(d) of the Tax Equity
and Fiscal Responsibility Act of 1982 is amended by adding at the end
thereof the following new subparagraph:
"(G) COAL GASIFICATION FACILITIES. --
"(i) IN GENERAL. -- Property is described in this subparagraph
if such property --
"(I) is used directly in connection with the manufacture or
production of low sulfur gaseous fuel from coal, and
"(II) would be described in subparagraph (A) if 'July 1, 1984'
were substituted for 'January 1, 1983'.
"(ii) SPECIAL RULE. -- For purposes of determining whether
property described in this subparagraph is described in
subparagraph (A), such property shall be treated as having been
acquired during the period referred to in subparagraph (A)(ii) if
at least 20 percent of the cost of such property is paid during
such period.
"(iii) LIMITATION ON AMOUNT. -- Clause (i) shall only apply to
the lease of an undivided interest in the property in an amount
which does not exceed the lesser of --
"(I) 50 percent of the cost basis of such property, or
"(II) $67,500,000.
"(iv) PLACED IN SERVICE. -- In the case of property to which
this subparagraph applies --
"(I) such property shall be treated as placed in service when
the taxpayer receives an operating permit with respect to such
property from a State environmental protection agency, and
"(II) the term of the lease with respect to such property shall
be treated as being 5 years."
(b) SPECIAL RULES FOR SUBSECTION (a). -- The amount of any recapture
under section 47 of the Internal Revenue Code of 1954 with respect to
the credit allowed under section 38 of such Code with respect to
progress expenditures (within the meaning of section 46(d) of such Code)
shall apply only to the percentage of the cost basis of the coal
gasification facility to which the amendment made by subsection (a)
applies.
(c) EFFECTIVE DATE. -- The amendment made by subsection (a) shall
take effect as if included in the provision of section 208(d)(3) of the
Tax Equity and Fiscal Responsibility Act of 1982.
COMPANIES.
(a) PERSONAL HOLDING COMPANIES PERMITTED TO BE REGULATED INVESTMENT
COMPANIES. --
(1) IN GENERAL. -- Subsection (a) of section 851 (defining
regulated investment company) is amended by striking out "(other
than a personal holding company as defined in section 542)".
(2) SPECIAL RULE FOR RATE OF TAX. -- Paragraph (1) of section
852(b) (relating to imposition of tax on regulated investment
companies) is amended by adding at the end thereof the following
new sentence: "In the case of a regulated investment company
which is a personal holding company (as defined in section 542),
that tax shall be computed at the highest rate of tax specified in
section 11(b)."
(3) REQUIREMENT THAT INVESTMENT COMPANY HAVE NO EARNINGS AND
PROFITS ACCUMULATED IN YEAR FOR WHICH IT WAS NOT A REGULATED
INVESTMENT COMPANY. -- Subsection (a) of section 852 (relating to
requirements applicable to regulated investment companies) is
amended by striking out "and" at the end of paragraph (1), by
striking out the period at the end of paragraph (2) and inserting
in lieu thereof ", and ", and by adding at the end thereof the
following new paragraph:
"(3) either --
"(A) the provisions of this part applied to the investment
company for all taxable years ending on or after November 8, 1983,
or
"(B) as of the close of the taxable year, the investment
company has no earnings and profits accumulated in any taxable
year to which the provisions of this part (or the corresponding
provisions of prior law) did not apply to it."
(4) PROCEDURES SIMILAR TO DEFICIENCY DIVIDEND PROCEDURES MADE
APPLICABLE. -- Section 852 is amended by adding at the end
thereof the following new subsection:
"(e) PROCEDURES SIMILAR TO DEFICIENCY DIVIDEND PROCEDURES MADE
APPLICABLE. --
"(1) IN GENERAL. -- If --
"(A) there is a determination that the provisions of this part
do not apply to an investment company for any taxable year
(hereinafter in this subsection referred to as the 'non-RIC
year'), and
"(B) such investment company meets the distribution
requirements of paragraph (2) with respect to the non-RIC year,
for purposes of applying subsection (a)(3) to subsequent
taxable years, the provisions of this part shall be treated as
applying to such investment company for the non-RIC year.
"(2) DISTRIBUTION OF REQUIREMENTS. --
"(A) IN GENERAL. -- The distribution requirements of this
paragraph are met with respect to any non-RIC year if, within the
90-day period beginning on the date of the determination (or
within such longer period as the Secretary may permit), the
investment company makes 1 or more qualified designated
distributions and the amount of such distributions is not less
than the excess of --
"(i) the portion of the accumulated earnings and profits of the
investment company (as of the date of the determination) which are
attributable to the non-RIC year, over
"(ii) any interest payable under paragraph (3).
"(B) QUALIFIED DESIGNATED DISTRIBUTION. -- For purposes of
this paragraph, the term 'qualified designated distribution' means
any distribution made by the investment company if --
"(i) section 301 applies to such distribution, and
"(ii) such distribution is designated (at such time and in such
manner as the Secretary shall by regulations prescribe) as being
taken into account under this paragraph with respect to the
non-RIC year.
(C) EFFECT ON DIVIDENDS PAID DEDUCTION. -- Any qualified
designated distribution shall not be included in the amount of
dividends paid for purposes of computing the dividends paid
deduction for any taxable year.
"(3) INTEREST CHARGE. --
(A) IN GENERAL. -- If paragraph (1) applies to any non-RIC
year of an investment company, such investment company shall pay
interest at the annual rate established under section 6621 -- (i)
on an amount equal to 50 percent of the amount referred to in
paragraph (2)(A)(i),
"(ii) for the period --
"(I) which begins on the last day prescribed for payment of the
tax imposed for the non-RIC year (determined without regard to
extensions), and
"(II) which ends on the date the determination is made.
"(B) COORDINATION WITH SUBTITLE F. -- Any interest payable
under subparagraph (A) may be assessed and collected at any time
during the period during which any tax imposed for the taxable
year in which the determination is made may be assessed and
collected.
"(4) PROVISION NOT TO APPLY IN THE CASE OF FRAUD. -- The
provisions of this subsection shall not apply if the determination
contains a finding that the failure to meet any requirement of
this part was due to fraud with intent to evade tax.
"(5) DETERMINATION. -- For purposes of this subsection, the
term 'determination' has the meaning given to such term by section
860(e). Such item also includes a determination by the investment
company filed with the Secretary that the provisions of this part
do not apply to the investment company for a taxable year."
(5) EFFECTIVE DATES. --
(A) IN GENERAL. -- Except as otherwise provided in this
paragraph, the amendments made by this subsection shall apply to
taxable years beginning after December 31, 1982.
(B) INVESTMENT COMPANIES WHICH WERE REGULATED INVESTMENT
COMPANIES FOR YEARS ENDING BEFORE NOVEMBER 8, 1983. -- In the
case of any investment company to which the provisions of part I
of subchapter M of chapter 1 of the Internal Revenue Code of 1954
applied for any taxable year ending before November 8, 1983, for
purposes of section 852(a)(3)(B) of the Internal Revenue Code of
1954 (as amended by this subsection), no earnings and profits
accumulated in any taxable year ending before January 1, 1984,
shall be taken into account.
(C) INVESTMENT COMPANIES BEGINNING BUSINESS IN 1983. -- In the
case of an investment company which began business in 1983 (and
was not a successor corporation), earnings and profits accumulated
during its first taxable year shall not be taken into account for
purposes of section 852(a)(3)(B) of such Code (as so amended).
(D) INVESTMENT COMPANIES REGISTERING BEFORE NOVEMBER 8, 1983.
-- In the case of any investment company --
(i) which, during the period after December 31, 1981, and
before November 8, 1983 --
(I) was engaged in the active conduct of a trade or business,
(II) sold substantially all of its operating assets, and
(III) registered under the Investment Company Act of 1940 as
either a management company or a unit investment trust, and
(ii) to which the provisions of part I of subchapter M of
chapter 1 of the Internal Revenue Code of 1954 applied for its
first taxable year beginning after November 8, 1983.
for purposes of section 852(a)(3)(A) of such Code (as amended
by paragraph (3)), the provisions of part I of subchapter M of
chapter 1 of such Code shall be treated as applying to such
investment company for its first taxable year ending after
November 8, 1983. For purposes of the preceding sentence, all
members of an affiliated group (as defined in section 1504(a) of
such Code) filing a consolidated return shall be treated as 1
taxpayer.
(b) SHORT-TERM OBLIGATIONS ISSUED ON A DISCOUNT BASIS. --
(1) IN GENERAL. -- Paragraph (2) of section 852(b) (defining
investment company taxable income) is amended by adding at the end
thereof the following new subparagraph --
"(F) The taxable income shall be computed without regard to
section 454(b) (relating to short-term obligations issued on a
discount basis) if the company so elects in a manner prescribed by
the Secretary."
(2) EFFECTIVE DATE. -- The amendment made by paragraph (1)
shall apply to taxable years beginning after December 31, 1978.
REQUIREMENTS.
(a) LOWER ALLOCATION OF GROSS RECEIPTS. -- Subparagraph (C) of
section 6053(c)(3) (relating to employee allocation of 8 percent of
gross receipts) is amended --
(1) by striking out "The Secretary" and inserting in lieu
thereof "Upon the petition of the employer or the majority of
employees of such employer, the Secretary", and
(2) by striking out "5 percent" and inserting in lieu thereof
"2 percent".
(b) RECORDKEEPING BY TIPPED EMPLOYEES. -- The Secretary of the
Treasury shall prescribe by regulations within 1 year after the date of
the enactment of this Act the applicable recordkeeping requirements for
tipped employees.
(c) 50 PERCENT OWNERS NOT TREATED AS EMPLOYEES FOR CERTAIN PURPOSES.
--
(1) IN GENERAL. -- Paragraph (4) of section 6053(c) (defining
large food or beverage establishment) is amended by inserting
before the period at the end of the last sentence the following:",
and an individual who owns 50 percent or more in value of the
stock of the corporation operating the establishment shall not be
treated as an employee".
(2) EFFECTIVE DATE. -- The amendment made by paragraph (1)
shall apply to calendar years beginning after December 31, 1982.
UNEMPLOYMENT TAX.
(a) GENERAL RULE. -- Section 3306 (relating to definitions for
purposes of Federal unemployment tax) is amended by adding at the end
thereof the following new subsection:
"(s) TIPS TREATED AS WAGES. -- For purposes of this chapter, the
term 'wages' includes tips which are --
"(1) received while performing services which constitute
employment, and
"(2) included in a written statement furnished to the employer
pursuant to section 6053(a)."
(b) EFFECTIVE DATE. --
(1) IN GENERAL. -- Except as provided in paragraph (2), the
amendment made by subsection (a) shall take effect on January 1,
1986.
(2) EXCEPTION FOR CERTAIN STATES. -- In the case of any State
the legislature of which --
(A) did not meet in a regular session which begins during 1984
and after the date of the enactment of this Act, and
(B) did not meet in a session which began before the date of
the enactment of this Act and remained in session for at least 25
calendar days after such date of enactment,
the amendment made by subsection (a) shall take effect on
January 1, 1987.
UNEMPLOYMENT TAX ACT.
Subsection (b) of section 822 of the Economic Recovery Tax Act of
1981 (26 U.S.C. 3306 note) is amended by striking out "and before
January 1, 1983" and inserting in lieu thereof "and before January 1,
1985".
APPLY TO COMPENSATION PAID FOR WEEKS OF UNEMPLOYMENT
ENDING BEFORE DECEMBER 1, 1978.
(a) GENERAL RULE. -- Subsection (d) of section 112 of the Revenue
Act of 1978 (relating to taxation of unemployment compensation benefits
at certain income levels) is amended to read as follows:
"(d) EFFECTIVE DATE. -- The amendments made by this section shall
apply to payments of unemployment compensation made after December 31,
1978, in taxable years ending after such date; except that such
amendments shall not apply to payments made for weeks of unemployment
ending before December 1, 1978."
(b) WAIVER OF STATUTE OF LIMITATIONS. -- If credit or refund of any
overpayment of tax resulting from the amendment made by subsection (a)
is barred on the date of the enactment of this Act or at any time during
the 1-year period beginning on the date of the enactment of this Act by
the operation of any law or rule of law (including res judicata), refund
or credit of such overpayment (to the extent attributable to the
amendment made by subsection (a)) may, nevertheless, be made or allowed
if claim therefor is filed before the close of such 1-year period.
CERTAIN STUDENT LOANS.
(a) IN GENERAL. -- Section 108 (relating to income from discharge of
indebtedness) is amended by adding at the end thereof the following new
subsection:
"(f) STUDENT LOANS. --
"(1) IN GENERAL. -- In the case of an individual, gross income
does not include any amount which (but for this subsection) would
be includible in gross income by reason of the discharge (in whole
or in part) of any student loan if such discharge was pursuant to
a provision of such loan under which all or part of the
indebtedness of the individual would be discharged if the
individual worked for a certain period of time in certain
professions for any of a broad class of employers.
"(2) STUDENT LOAN. -- For purposes of this subsection, the
term 'student loan' means any loan to an individual to assist the
individual in attending an educational organization described in
section 170(b)(1)(A)(ii) made by --
"(A) the United States, or an instrumentality or agency
thereof,
"(B) a State, territory, or possession of the United States, or
the District of Columbia, or any political subdivision thereof, or
"(C) a public benefit corporation --
"(i) which is exempt from taxation under section 501(c)(3),
"(ii) which has assumed control over a State, county, or
municipal hospital, and
(iii) whose employees have been deemed to be public employees
under State law, or
"(D) any educational organization so described pursuant to an
agreement with any entity described in subparagraph (A), (B), or
(C) under which the funds from which the loan was made were
provided to such educational organization."
(b) Effective Date. -- The amendments made by this section shall
apply to discharges of indebtedness made on or after January 1, 1983.
(a) IN GENERAL. -- Section 5 of the Act of March 16, 1934 (48 Stat.
451, Chapter 71; 16 U.S.C. 718e) is amended by adding at the end
thereof the following new subsection:
"(c) Notwithstanding the provisions of subsection (b), or the
prohibition in section 474 of title 18, United States Code, or other
provisions of law, the Secretary of the Interior may authorize, with the
concurrence of the Secretary of the Treasury,
"(1) the color reproduction, or
"(2) the black and white reproduction,
of migratory bird hunting stamps authorized by sections 1 through 4
and 6 through 9 of this Act, which otherwise satisfies the requirements
of clauses (ii) and (iii) of section 504(1) of title 18, United States
Code. Any such reproduction shall be subject to those terms and
conditions deemed necessary by the Secretary of the Interior by
regulation or otherwise and any proceeds received by the Federal
Government as a result of such reproduction shall be paid into the
migratory bird conservation fund established under section 4 of this
Act."
(b) TECHNICAL AMENDMENTS. --
(1) Clause (i) of section 504(1)(D) of title 18, United States
Code, is amended by inserting "and stamps issued under the
Migratory Bird Hunting Stamp Act of 1934" after "foreign
government".
(2) Clause (ii) of such section is amended by inserting "and
illustrations of stamps issued under the Migratory Bird Hunting
Stamp Act of 1934 in color" after "postage stamps in color".
(3) Subsection (b) of section 5 of the Act referred to in
subsection (a) is amended by striking out "No person" and
inserting in lieu thereof "Except as provided in clauses (i) and
(ii) of section 504(1)(D) of title 18, United States Code, no
person".
(c) EFFECTIVE DATE. -- The amendments made by this section shall
take effect on the date of the enactment of this Act.
THE UNITED STATES FOREST SERVICE AS A RESULT OF
RESTRICTING MOTORIZED TRAFFIC IN THE BOUNDARY WATERS
CANOE AREA.
(a) GENERAL RULE. -- At the election of the taxpayer, for purposes
of the Internal Revenue Code of 1954, gross income does not include the
excludable portion of payments received from the United States Forest
Service as a result of restricting motorized traffic in the Boundary
Waters Canoe Area, pursuant to section 19(a) of "An Act to designate the
Boundary Waters Canoe Area Wilderness, to establish the Boundary Waters
Canoe Area Mining Protection Area, and for other purposes", approved
October 21, 1978 (Public Law 95-495; 92 Stat. 1649).
(b) EXCLUDABLE PORTION. -- For purposes of this section, the term
"excludable portion" means that portion (or all) of a payment made to
any taxpayer during the period after December 31, 1979, and before the
later of the date which is 2 years after --
(1) the date of the enactment of this Act, or
(2) the date of such payment,
which payment is reinvested within such period in depreciable
property used in a trade or business of such taxpayer as authorized by
the Act referred to in subsection (a). In determining whether
reinvestment has occurred, no direct tracing is required.
(c) ELECTION. -- An election under subsection (a) shall identify
such property for which such payment has been allocated. An election
may be made at any time before the expiration of the period for making a
claim for credit or refund of the tax imposed by chapter 1 of such Code
for the taxable year in which the reinvestment occurred, and shall be
made in such manner as the Secretary of the Treasury or his delegate
shall by regulations prescribe.
(d) BASIS OF PROPERTY. --
(1) IN GENERAL. -- The basis of any property, with respect to
which an allocation of any payment has been elected, shall be
reduced by the amount of such payment.
(2) INCREASE DUE TO REPAYMENT. -- The basis of any property
described in paragraph (1) shall be increased by the amount of any
repayments made to the United States Forest Service upon the sale
of such property.
(e) DENIAL OF DOUBLE BENEFIT. -- No deduction or credit shall be
allowed under such Code with respect to any expenditure which is
properly associated with any amount excluded from gross income under
subsection (a).
(f) Effective Date; Special Rule. --
(1) EFFECTIVE DATE. -- The amendments made by this section
shall apply to payments made in taxable years beginning after
December 31, 1979.
(2) ELECTIONS FOR PRIOR YEARS. -- In the case of any taxable
year ending before the date of the enactment of this Act --
(A) the period for making te election under subsection (c)
shall not expire before the date which is 1 year after the date of
the enactment of this Act, and
(B) if, after the application of subparagraph (A), refund or
credit of any overpayment of tax resulting from the application of
this section is prevented at any time before the close of such
1-year period by the operation of any law or rule of law
(including res judicata), refund or credit of such overpayment (to
the extent attributable the application of this section) may,
nevertheless, be made or allowed if claim therefore is filed
before the close of such 1-year period.
ACTS OF CONGRESS.
Paragraph (1) of section 501(c) (relating to list of exempt
organizations), as amended by section 2813 of the bill, is amended by
striking out subparagraph (A) thereof and inserting in lieu thereof the
following:
"(A) is exempt from Federal income taxes --
"(i) under such Act as amended and supplemented before the date
of the enactment of the Tax Reform Act of 1984, or
"(ii) under this title without regard to any provision of law
which is not contained in this title and which is not contained in
a revenue Act, or".
(a) IN GENERAL. -- The Secretary of the Treasury or his delegate
shall conduct a study covering the advisability of --
(1) replacing only the Federal individual income tax, or
(2) replacing both the Federal individual income tax and the
Federal corporate income tax,
with an alternative tax system.
(b) CONTENTS OF STUDY. -- Such study shall take into account the
administrative complexity of the existing Federal income tax system and
address the ramifications of replacing that system with an alternative
tax system. Such study shall focus on (but not be limited to) the
following factors:
(1) protecting the economically disadvantaged,
(2) increasing economic efficiency in both the private and
public sectors of the economy,
(3) reducing paperwork and auditing requirements, reducing
taxpayer fraud and evasion, and expediting resolution of tax
disputes between taxpayers and the Federal Government,
(4) increasing economic incentives for capital formation and
productivity,
(5) removing economic disincentives to employment,
(6) excluding certain items, such as social security benefits,
from gross income,
(7) equalizing the tax burden on taxpayers with equal ability
to pay taxes, and
(8) achieving the appropriate burden of taxes for each income
class of taxpayers.
Such study shall also identify the strengths and potential weaknesses
of an alternative tax system and propose possible solutions for any such
potential weakness.
(c) ALTERNATIVE TAX SYSTEM. -- For purposes of this section, the
term "alternative tax system" means a system based on --
(1) a simplified income tax based on gross income;
(2) a consumption tax;
(3) a consumption-based tax; or
(4) the broadening of the base and lowering of the rates of the
current income tax.
(d) STUDY OF TAX SHELTERS TO BE INCLUDED. -- The study conducted
under subsection (a) shall include a study of the entire area of tax
shelters and how they impact on the equity of the tax system.
(e) REPORTING DATE. -- The report of the study required by
subsection (a) shall be submitted to the Committee on Ways and Means of
the House of Representatives and the Committee on Finance of the Senate
not later than December 31, 1984.
SERVICES PERFORMED IN THE UNITED STATES.
(a) STUDY. -- The Secretary of the Treasury or his delegate shall
conduct a study of the practices of foreign countries of taxing income
on services performed within the United States, including, but not
limited to --
(1) the status of treaty negotiations with such foreign
countries with respect to such practices, and
(2) any options to alleviate the taxation of such income by
more than 1 country without appropriate credit for taxes paid.
(b) REPORT. -- The Secretary of the Treasury or his delegate shall
report to the Committee on Finance of the Senate and the Committee on
Ways and Means of the House of Representatives the results of the study
conducted under subsection (a) no later than December 31, 1984.
Public Law 98-369, 98 Stat. 494
DIVISION B, Title I-Title IV
98th Congress
July 18, 1984
DEFICIT REDUCTION ACT OF 1984
(Part 8 of 10 Parts)
SEC. 2001. This division may be cited as the "Spending Reduction Act
of 1984".
Title I. General provisions.
Title II. Civil Service and military retirement programs.
Title III. Medicare, medicaid, and maternal and child health
amendments.
Title IV. Small business programs.
Title V. Veterans' programs.
Title VI. OASDI, SSI, AFDC, and other programs.
Title VII. Competition in contracting.
Title VIII. Federal Credit Union Act Amendments.
Title IX. Miscellaneous provisions.
SEC. 2101. It is the sense of the Senate that ceilings on fiscal
year 1985 appropriation bills shall not exceed, in the aggregate, $139.8
billion for non-defense, discretionary accounts, and shall not exceed
$299 billion for defense accounts. Further, it is the sense of the
Senate that the allocations of these sums, normally done through the
section 302(b) process under the Congressional Budget and Impoundment
Control Act of 1974, in the absence of a first concurrent budget
resolution for fiscal year 1985 will be done by the Senate
Appropriations Committee to guide its subcommittees in their separate
deliberations on individual appropriation bills for fiscal year 1985.
SEC. 2102. (a) It is the sense of the House that in fiscal years
1985, 1986, and 1987, Federal deficits be reduced by $182 billion as a
result of the first concurrent resolution on the budget for fiscal year
1985 and the Deficit Reduction Act of 1984. Further, it is the sense of
the House that these deficit reductions shall be divided among revenue
increases, domestic spending reductions, and limits on the growth in
military spending.
(b) It is the sense of the House that in the absence of agreement on
a first concurrent resolution on the budget for fiscal year 1985 that
the House will continue to abide by House Concurrent Resolution 280, as
passed the House.
(c) It is the sense of the House that the Congress shall immediately
adopt a conference report on the first concurrent resolution on the
budget for fiscal year 1985 and that the Congress shall enforce the
aggregate levels of revenue and spending provided in such resolution.
SEC. 2103. Of the amounts provided in Public Law 96-126, the
Department of the Interior and Related Agencies Appropriation Act, 1980,
for the "Energy Security Reserve", $2,000,000,000 are rescinded, of
which $1,154,950,000 is to be derived from the unused portion of the
commitment of financial assistance previously awarded to The Oil Shale
Company (Colony Shale Oil Project).
SEC. 2201. (a) Notwithstanding any other provision of law, beginning
with the monthly rate payable for December 1984, any annuity or retired
or retirement pay payable under any retirement system for Government
officers or employees which the President adjusts pursuant to section
8340(b) of title 5, United States Code, shall be paid no earlier than
the first business day of the succeeding month.
(b) Section 8340(c)(1) of title 5, United States Code, is amended --
(1) in subparagraph (A), by striking out "computer" and
inserting in lieu thereof "computed"; and
(2) in subparagraph (B), by striking out "counting" and
inserting in lieu thereof "not to exceed 12 months, counting".
SEC. 2202. (a) Notwithstanding any other provision of law, effective
as of October 1, 1983, any adjustment in a wage schedule or rate --
(1) that applies --
(A) to a prevailing rate employee described in section 5342(
a)(2) of title 5, United States Code;
(B) to an employee covered by section 5348 of such title; or
(C) to any other employee subject to section 202(b)(1) of the
Omnibus Budget Reconciliation Act of 1983 (Public Law 98-270; 98
Stat 158);
(2) that results from a wage survey; and
(3) that first becomes effective during the fiscal year ending
September 30, 1984;
shall not take effect until the first day of the first applicable pay
period beginning after the expiration of the 90-day period beginning on
the date on which such adjustment would otherwise have taken effect.
(b) The Office of Personnel Management shall take such actions as may
be necessary to carry out the provisions of this section.
SEC. 2203. Subsection (d) of section 301 of the Omnibus Budget
Reconciliation Act of 1982 (96 Stat. 791; 5 U.S.C. 5532 note) is
repealed, effective with respect to pay periods beginning after the date
of enactment of this Act.
SEC. 2204. Subsection (a) of section 6 of the Defense Department
Overseas Teachers Pay and Personnel Practices Act (73 Stat. 214; 20 U.
S.C. 904(a)) is amended by striking out "except that -- " and all that
follows through the end of such subsection and inserting in lieu thereof
"except that if the school year includes more than eight months, any
such teacher who shall have served for the entire school year shall be
entitled to ten days of cumulative leave with pay.".
SEC. 2205. The first sentence of section 306(g) of the Omnibus
Budget Reconciliation Act of 1982 (5 U.S.C. 8331 note) is amended by
striking out "October 1, 1983" and inserting in lieu thereof "October 1,
1985".
SEC. 2206. (a) For the purposes of this section, the term "covered
retirement system" shall have the same meaning as provided in section
203(a)(2) of the Federal Employees' Retirement Contribution Temporary
Adjustment Act of 1983 (Public Law 98-168; 97 Stat. 1107).
(b)(1) Any individual who was entitled to make an election under
section 208(a) of the Federal Employees' Retirement Contribution
Temporary Adjustment Act of 1983 (97 Stat. 1111), but who did not make
such an election, may make an election under such section not later than
September 15, 1984.
(2)(A) Not later than September 15, 1984, any such individual who
made an election under paragraph (1) of section 208(a) of the Federal
Employee's Retirement Contribution Temporary Adjustment Act of 1983 may
--
(i) make any other election which such individual was entitled
to make under such section before January 1, 1984; or
(ii) elect to become a participant in a covered retirement
system (if such individual is otherwise eligible to participate in
such system), subject to sections 201 through 207 of such Act.
(B) Not later than September 15, 1984, any such individual who made
an election under paragraph (2) of section 208(a) of the Federal
Employees' Retirement Contribution Temporary Adjustment Act of 1983 may
--
(i) make any other election which such individual was entitled
to make under such section before January 1, 1984; or
(ii) elect to terminate participation in the covered retirement
system with respect to which such individual made the election
under such paragraph (2).
(3) An election under this subsection shall be made by a written
application submitted to the official by whom the electing individual is
paid.
(4) An election made as provided in this subsection shall take effect
with respect to service performed on or after the first day of the first
applicable pay period commencing after September 15, 1984.
(c)(1) Section 8342(a)(4) of title 5, United States Code, does not
apply for the purpose of determining an entitlement to a refund under
section 208(c) of the Federal Employees' Retirement Contribution
Temporary Adjustment Act of 1983 (97 Stat. 1111).
(2) Paragraph (1) shall take effect with respect to any election made
under section 208(a) of such Act or this Act before, on, or after
January 1, 1984.
(d) Nothing in this section or the Federal Employees' Retirement
Contribution Temporary Adjustment Act of 1983 affects any entitlement to
benefits accrued under a covered retirement system before January 1,
1984, except to the extent that any amount refunded under section 208(
c) of such Act is not redeposited in the applicable retirement fund.
SEC. 2207. Effective on the first day of the first applicable pay
period commencing on or after January 1, 1984, each rate of pay subject
to adjustment by section 461 of title 28, United States Code, shall be
increased by an amount, rounded to the nearest multiple of $100 (or if
midway between multiples of $100, to the next higher multiple of $100),
equal to the overall percentage of the adjustment taking effect under
section 5305 of title 5, United States Code, in the rates of pay under
the General Schedule during Fiscal year 1984.
SEC. 2208. (a) Section 8332(b) of title 5, United States Code, is
amended by striking out the period at the end of the second paragraph
(13) and inserting in lieu thereof the following: ", and regardless of
whether the Native who performs the service retires before, on, or after
the effective date of this paragraph.".
(b) Title II of Public Law 89-702, as amended by section 2 of Public
Law 98-129, is amended by adding at the end thereof the following new
section:
"SEC. 212. (a)(1) An annuity or survivor annuity based on the
service of an employee or Member who performed service described in the
second paragraph (13) of subsection (b) or subsection (1)(1)(C) of
section 8332 of title 5, United States Code, as added by subsections (b)
and (e), respectively, of section 209 of this Act, shall, upon
application to the Office of Personnel Management, be recomputed in
accordance with the second paragraph (13) of subsection (b) and
subsection (1), respectively, of such section 8332, regardless of
whether the employee or Member retires before, on, or after the
effective date of this paragraph.
"(2) Any recomputation of annuity under paragraph (1) of this
subsection shall apply with respect to months beginning more than 30
days after the date on which application for such recomputation is
received by the Office.".
(c) The amendments made by this section shall take effect as of
October 14, 1983.
SEC. 2209. Section 1722 of the Omnibus Budget Reconciliation Act of
1981 (Public Law 97-35; 95 Stat. 759) is amended by striking out "1984"
and inserting in lieu thereof "1987".
SEC. 2300. This title may be cited as the "Medicare and Medicaid
Budget Reconciliation Amendments of 1984".
SEC. 2301. Modification of working aged provision.
SEC. 2302. Part B premium.
SEC. 2303. Payment for clinical diagnostic laboratory tests.
SEC. 2304. Pacemaker reimbursement review and reform.
SEC. 2305. Elimination of special payment provisions for
preadmission diagnostic testing.
SEC. 2306. Limitation on physician fee prevailing and customary
charge levels; participating physician incentives.
SEC. 2307. Payment for services of teaching physicians.
SEC. 2308. Lesser of cost or charges.
SEC. 2309. Study of medicare part B payments.
SEC. 2310. Limitation on increase in hospital costs per case.
SEC. 2311. Classification of certain rural hospitals.
SEC. 2312. Payment for services of a nurse anesthetist.
SEC. 2313. Prospective payment assessment commission.
SEC. 2314. Revaluation of assets.
SEC. 2315. Technical amendments relating to the DRG payment system.
SEC. 2316. Prospective payment wage index
Sec. 2317. Deadline for report on including payment for physicians'
services to hospital inpatients in DRG payment amounts.
Sec. 2318. Emergency room services
Sec. 2319. Skilled nursing facility reimbursement.
Sec. 2320. Payment for costs of hospital-based mobile intensive care
units.
Sec. 2321. Cost sharing for durable medical equipment furnished as a
home health benefit.
Sec. 2322. Services of a clinical psychologist provided to members
of an HMO.
Sec. 2323. Coverage of administration of hepatitis B vaccine.
Sec. 2324. Coverage of hemophilia clotting factor.
Sec. 2325. Payment for debridement of mycotic toenails.
Sec. 2326. Contracts for medicare claims processing.
Sec. 2331. Repeal of exclusion of for-profit organizations from
research and demonstration grants.
Sec. 2332. Presidential appointment of and pay level for the
administrator of the health care financing administration.
Sec. 2333. Exclusion of certain entities owned or controlled by
individuals convicted of medicare of medicaid-related crimes.
Sec. 2334. Provider representation in peer review organizations.
Sec. 2335. Repeal of special tuberculosis treatment requirements
under medicare amd medicaid.
Sec. 2336. Access to home health services.
Sec. 2337. Normalization of trust fund transfers.
Sec. 2338. Enrollment and premium penalty with respect to working
aged provision.
Sec. 2339. Indirect payment of supplementary medical insurance
benefits.
Sec. 2340. Certification of psychiatric hospitals.
Sec. 2341. Included podiatrists in definition of "physician" for
outpatient physical therapy services and including podiatrists and
dentists in definition of "physician" for outpatient ambulatory surgery.
Sec. 2342. Establishment by physical therapists of plans for
physical therapy.
Sec. 2343. Hospice contracting for core services.
Sec. 2344. Medicare recovery against certain third parties.
Sec. 2345. Confidentiality of accreditation surveys.
Sec. 2346. Use of additional accrediting organizations under
medicare.
Sec. 2347. Funding for PSRO review.
Sec. 2348. Payment for services following termination of
participation agreements with home health agencies or hospice programs.
Sec. 2349. Elimination of health insurance benefits advisory
council.
Sec. 2350. Health maintenance organizations and competitive medical
plans.
Sec. 2351. Judicial review of provider reimbursement review board
decisions.
Sec. 2352. Flexible sanctions for noncompliance with requirements
for end stage renal disease facilities.
Sec. 2353. Payments to promote closure and conversion of
underutilized hospital facilities.
Sec. 2354. Miscellaneous technical corrections relating to medicare.
Sec. 2355. Waivers for social health maintenance organizations.
Sec. 2361. Medicaid coverage for pregnant women and children.
Sec. 2362. Clarification of medicaid entitlements for certain
newborns.
Sec. 2363. Recertification of SNF and ICF patients.
Sec. 2364. Waiver of certain membership requirements for certain
health maintenance organizations.
Sec. 2365. Increase in medicaid ceiling amount for Puerto Rico, the
Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa.
Sec. 2366. Payment for psychiatric hospital services.
Sec. 2367. Mandatory assignment of rights of payment by medicaid
recipients.
Sec. 2368. Requirements for medical review and independent
professional review under medicaid.
Sec. 2369. Flexibility in setting payment rates for hospitals
furnishing long-term care services under medicaid.
Sec. 2370. Authority of the Secretary to issue and enforce subpoenas
under medicaid.
Sec. 2371. Medicaid clinic administration.
Sec. 2372. Increase in authorization for maternal and child health
block grant.
Sec 2373. Miscellaneous and technical amendments.
Sec. 2381. Recovery of Hill-Burton funds.
Sec. 2391. Study.
SEC. 2301. (a) Section 1862(b)(3)(A)(i) of the Social Security Act
is amended by striking out "over 64 but" each place it appears.
(b) Section 4(g)(1) of the Age Discreimination in Employment Act of
1967 is amended.
(1) by inserting ", and any employee's spouse aged 65 through
69," and after "aged 65 through 69"; and
(2) by inserting ", and the spouse of such employee," after
"same conditions as any employee".
(c)(1) The amendment made by subsection (a) shall be effective with
respect to items and services furnished on or after January 1, 1985.
(2) The amendment made by subsection (b) shall become effective on
January 1, 1985.
SEC. 2302. (a) Section 1839(e) of the Social Security Act is amended
by striking out "1986" each place it appears and inserting in lieu
thereof in each instance "1988".
(b) Section 1839 of such Act is amended by adding at the end thereof
the following new subsection:
"(f)(1) If no cost-of-living increase becomes effective under section
215(i) in December of 1985 or 1986, the monthly premium of each
individual enrolled under this part for each month in the succeeding
year shall (except as otherwise provided in subsection (b)) be the same
as the monthly premium (disregarding subsection (b)) of the individual
for such December.
"(2) If paragraph (1) does not apply to the monthly premiums for 1986
or 1987, if an individual is entitled to monthly benefits under section
202 or 223 for November and for December in the preceding year, and if
the monthly premium for that December and for the following January is
deducted from those benefits under section 184" (a)(1), the monthly
premium for that individual for that January and for each of the
succeeding 11 months for which he is entitled to benefits under section
202 or 223 shall (except as otherwise provided in subsection (b)) be the
greater of --
"(A) the monthly premium amount determined under subsection
(a)(2) for that January reduced by the amount (if any) necessary
to make the monthly benefits under section 202 or 223 for that
January after the deduction of the monthly premium (disregarding
subsection (b)) for that January at least equal to the monthly
benefits under section 202 or 223 for the preceding November after
the deduction of the premium (disregarding subsection (b)) for
that individual for that November, or
"(B) the monthly premium (disregarding subsection (b)) for that
individual for that December.
For purposes of this subsection, retroactive adjustments or payments
and deductions on account of work shall not be taken into account in
determining the monthly benefits to which an individual is entitled
under section 202 or 223.".
(c) The amendments made by this section shall apply to premiums for
months beginning with January 1986.
SEC. 2303. (a) Section 1833(a)(1)(D) of the Social Security Act is
amended to read as follows: "(D) with respect to clinical diagnostic
laboratory tests for which payment is made under this part (i) on the
basis of a fee schedule under subsection (h)(1), the amount paid shall
be equal to 80 percent (or 100 percent, in the case of such tests for
which payment is made on the basis of an assignment described in section
1842(b)(3)(B)(ii) or under the procedure described in section
1870(f)(1)) of the lesser of the amount determined under such fee
schedule or the amount of the charges billed for the tests, or (ii) on
the basis of a negotiated rate established under subsection (h)(6), the
amount paid shall be equal to 100 percent of such negotiated rate,
(b) Section 1833(a)(2) of such Act is amended --
(1) in subparagraph (B), by inserting "or (D)" after
"subparagraph (C)";
(2) by striking out "and" at the end of subparagraph (B)
(3) by adding "and" at the end of subparagraph (C); and
(4) by adding at the end thereof the following new
subparagraph:
"(D) with respect to clinical diagnostic laboratory tests for
which payment is made under this part (i) on the basis of a fee
schedule determined under subsection (h)(1), the amount paid shall
be equal to 80 percent (or 100 percent, in the case of such tests
for which payment is made on the basis of an assignment described
in section 1842(b)(3)(B)(ii), under the procedure described in
section 1870(f)(1), or to a provider having an agreement under
section 1866) of the lesser of the amount determined under such
fee schedule or the amount of the charges billed for the tests, or
(ii) on the basis of a negotiated rate established under
subsection (h)(6), the amount paid shall be equal to 100 percent
of such negotiated rate for such tests;".
(c) Section 1833(b) of the Social Security Act is amended by striking
out "and" at the end of clause (2) and by inserting before the period at
the end of clause (3) the following: ", and (4) such deductible shall
not apply with respect to clinical diagnostic laboratory tests for which
payment is made under this part (A) under subsection (a)(1)(D)(i) or
(a)(2)(D)(i) on the basis of an assignment described in section
1842(b)(3)(B)(ii), under the procedure described in section 1870(f)(1),
or to a provider having an agreement under section 1866, or (B) on the
basis of a negotiated rate determined under subsection (h)(6)".
(d) Section 1833(h) of such Act is amended to read as follows:
"(h)(1)(A) The Secretary shall establish fee schedules for clinical
diagnostic laboratory tests for which payment is made under this part,
other than such tests performed by a provider of services for an
inpatient of such provider.
"(B) In the case of clinical diagnostic laboratory tests performed by
a physician or by a laboratory (other than tests performed by a hospital
laboratory for outpatients of such hospital), the fee schedules
established under subparagraph (A) shall be established on a regional,
statewide, or carrier service area basis (as the Secretary may determine
to be appropriate) for tests furnished during the period beginning on
July 1, 1984, and ending on June 30, 1987. For such tests furnished on
or after July 1, 1987, the fee schedule shall be established on a
nationwide basis.
"(C) In the case of clinical diagnostic laboratory tests performed by
a hospital laboratory for outpatients of such hospital, the fee
schedules established under subparagraph (A) shall be established on a
regional, statewide, or carrier service area basis (as the Secretary may
determine to be appropriate) for tests furnished during the period
beginning on July 1, 1984, and ending on June 30, 1987. For such tests
furnished on or after July 1, 1987, the fee schedule under subparagraph
(A) shall not apply with respect to clinical diagnostic laboratory tests
performed by a hospital laboratory for outpatients of such hospital.
"(2) Except as provided in paragraph (4), the Secretary shall set the
fee schedules at 60 percent (or, in the case of a test performed by a
hospital laboratory for outpatients of such hospital, 62 percent) of the
prevailing charge level determined pursuant to the third and fourth
sentences of section 1842(b)(3) for similar clinical diagnostic
laboratory tests for the applicable region, State, or area (or,
effective July 1, 1987, for the United States) for the 12-month period
beginning July 1, 1984, adjusted annually by a percentage increase or
decrease equal to the percentage increase or decrease in the Consumer
Price Index for All Urban Consumers (United States city average), and
subject to such other adjustments as the Secretary determines are
justified by technological changes. The Secretary may make further
adjustments or exceptions to the fee schedules to assure adequate
reimbursement of (A) emergency laboratory tests needed for the provision
of bona fide emergency services, and (B) certain low volume high-cost
tests where highly sophisticated equipment or extremely skilled
personnel are necessary to assure quality.
"(3) In addition to the amounts provided under the fee schedules, the
Secretary shall provide for and establish a nominal fee to cover the
appropriate costs in collecting the sample on which a clinical
diagnostic laboratory test was performed and for which payment is made
under this part, except that not more than one such fee may be provided
under this paragraph with respect to samples collected in the same
encounter.
"(4) In establishing any fee schedule under this subsection, the
Secretary may provide for an adjustment to take into account, with
respect to the portion of the expenses of clinical diagnostic laboratory
tests attributable to wages, the relative difference between a region's
or local areas's wage rates and the wage rate presumed in the data on
which the schedule is based.
"(5)(A) In the case of a bill or request for payment for a clinical
diagnostic laboratory test for which payment may otherwise be made under
this part on the basis of an assignment described in section
1842(b)(3)(B)(ii), under the procedure described in section 1870(f)(1),
or under a provider agreement under section 1866, payment may be made
only to the person or entity which performed or supervised the
performance of such test; except that --
"(i) if a physician performed or supervised the performance of
such test, payment may be made to another physician with whom he
shares his practice, and
"(ii) in the case of a test performed at the request of a
laboratory by another laboratory, payment may be made to the
referring laboratory.
"(B) In the case of such a bill or request for payment for a clinical
diagnostic laboratory test for which payment may otherwise be made under
this part, and which is not described in subparagraph (A), payment may
be made to the beneficiary only on the basis of the itemized bill of the
person or entity which performed or supervised the performance of the
test.
"(C) Payment for a clinical diagnostic laboratory test performed by a
laboratory which is independent of a physician's office or a rural
health clinic may only be made on the basis of an assignment described
in section 1842(b)(3)(B)(ii), in accordance with section 1842(b)(6)(B)
under the procedure described in section 1870(f)(1), or to a provider of
services with an agreement in effect under section 1866.
"(6) In the case of any diagnostic laboratory test payment for which
is not made on the basis of a fee schedule under paragraph (1), the
Secretary may establish a payment rate which is acceptable to the person
or entity performing the test and which would be considered the full
charge for such tests. Such negotiated rate shall be limited to an
amount not in excess of the total payment that would have been made for
the services in the absence of such rate.".
(e) Section 1842 of such Act is amended by striking out subsection
(h) thereof.
(f) The last sentence of section 1866(a)(2)(A) of such Act is amended
by inserting "and with respect to clinical diagnostic laboratory tests"
after section 1861(s)(10)".
(g)(1) Section 1902(a) of such Act is amended --
(A) by inserting "and" at the end of paragraph (42);
(B) by striking out paragraph (43); and
(C) by redesignating paragraph (44) as paragraph (43).
(2) Section 1903(i) of such Act is amended --
(A) by striking out the period at the end of paragraph (6) and
inserting in lieu thereof "; or", and
(B) by adding after paragraph (6) the following new paragraph:
"(7) with respect to any amount expended for clinical
diagnostic laboratory tests performed by a physician, independent
laboratory, or hospital, to the extent such amount exceeds the
amount that would be recognized under section 1833(h) for such
tests performed for an individual enrolled under part B of title
XVIII.".
(h) The Secretary of Health and Human Services shall simplify the
procedures under section 1842 of the Social Security Act with respect to
claims and payments for clinical diagnostic laboratory tests so as to
reduce unnecessary paperwork while assuring that sufficient information
is supplied to identify instances of fraud and abuse.
(i)(1) The Comptroller General shall report to the Congress on --
(A) the appropriateness of the fee schedules under section
1833(h) of the Social Security Act and their impact on the volume
and quality of clinical diagnostic laboratory tests;
(B) the potential impact of the adoption of a national fee
schedule; and
(C) the potential impact of applying a national fee schedule to
clinical diagnostic laboratory tests provided by hospitals to
their outpatients.
(2) The Secretary of Health and Human Services shall report to the
Congress with respect to the advisability and feasibility of a system of
direct payment to any physician for all clinical diagnostic laboratory
tests ordered by such physician.
(3) The reports required by paragraphs (1) and (2) shall be submitted
not later than January 1, 1987.
(j)(1) Except as provided in paragraphs (2) and (3), the amendments
made by this section shall apply to clinical diagnostic laboratory tests
furnished on or after July 1, 1984.
(2) The amendments made by subsection (g)(2) shall apply to payments
for calendar quarters beginning on or after October 1, 1984.
(3) The amendments made by this section shall not apply to clinical
diagnostic laboratory tests furnished to inpatients of a provider
operating under a waiver granted pursuant to section 602(k) of the
Social Security Amendments of 1983. Payment for such services shall be
made under part B of title XVIII of the Social Security Act at 80
percent (or 100 percent in the case of such tests for which payment is
made on the basis of an assignment described in section1842(b)(3)(B)(
ii) of the Social Security Act or under the procedure described in
section 1870(f)(1) of such Act) of the reasonable charge for such
service. The deductible under section 1833(b) of such Act shall not
apply to such tests if payment is made on the basis of such an
assignment or procedure.
SEC. 2304. (a)(1) The Secretary of Health and Human Services shall
issue revisions to the current guidelines for the payment under part B
of title XVIII of the Social Security Act for the transtelephonic
monitoring of cardiac pacemakers. Such revised guidelines shall include
provisions regarding the specifications for and frequency of
transtelephonic monitoring procedures which will be found to be
reasonable and necessary.
(2)(A) Except as provided in subparagraph (B), if the guidelines
required by paragraph (1) have not been issued and put into effect by
October 1, 1984, and until such guidelines have been issued and put into
effect, payment may not be made under part B of title XVIII of the
Social Security Act for transtelephonic monitoring procedures, with
respect to a single-chamber cardiac pacemaker powered by lithium
batteries, conducted more frequently than --
(i) weekly during the first month after implantation.
(ii) once every two months during the period representing 80
percent of the estimated life of the implanted device, and
(iii) monthly thereafter.
(B) Subparagraph (A) shall not apply in cases where the Secretary
determines that special medical factors (including possible evidence of
pacemaker or lead malfunction) justify more frequent transtelephonic
monitoring procedures.
(b)(1) The Secretary shall review, and report to the Committees on
Energy and Commerce and Ways and Means of the House of Representatives
and the Committee on Finance of the Senate, regarding the
appropriateness of the amounts recognized as reasonable under part B of
title XVIII of the Social Security Act for physicians services
associated with implantation or replacement of pacemaker devices and
pacemaker leads. Such review shall take into account the amounts
recognized as reasonable with respect to such procedures and the time
and difficulty of such procedures at the current time in comparison with
such amounts and the time and difficulty of such procedures at the time
the amounts for such procedures were first established under such part.
(2) The Prospective Payment Assessment Commission, established under
section 1886(e) of the Social Security Act, shall review and report to
the Committee on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate regarding the appropriateness of the
payment amounts provided under section 1886(d) of such Act for inpatient
hospital services associated with implantation or replacement of
pacemaker devices and pacemaker leads. Such review shall take into
account the time, difficulty, and costs associated with such procedures
at the current time in comparison with the time, difficulty, and costs
associated with such procedures upon which the payment rates for such
procedures under part A of title XVIII of such Act are based.
(3) The Secretary and the Commission shall each complete the review
described in paragraph (1) or (2), respectively, of this subsection and
report on such review not later than March 1, 1985.
(c) Section 1862 of the Social Security Act is amended by adding at
the end the following new subsection:
"(h)(1)(A) The Secretary shall, through the Commissioner of the Food
and Drug Administration, provide for a registry of all cardiac pacemaker
devices and pacemaker leads for which payment was made under this title.
"(B) Such registry shall include the manufacturer, model, and serial
number of each such device or lead, the name of the recipient of such
device or lead, the date and location of the implantation or removal of
the device or lead, the name of the physician implanting or removing
such device or lead, the name of the hospital or other provider billing
for such procedure, any express or implied warranties associated with
such device or lead under contract or State law, and such other
information as the Secretary deems to be appropriate.
"(C) Each physician and provider of services performing the
implantation or replacement of pacemaker devices and leads for which
payment is made or requested to be made under this title shall, in
accordance with regulations of the Secretary, submit information
respecting such implantation or replacement for the registry.
"(D) Such registry shall be for the purposes of assisting the
Secretary in determining when payments may properly be made under this
title, in tracing the performance of cardiac pacemaker devices and
leads, in determining when inspection by the manufacturer of such a
device or lead may be necessary under paragraph (3), and in carrying out
studies with respect to the use of such devices and leads. In carrying
out any such study, the Secretary may not reveal any specific
information which identifies any pacemaker device or lead recipient by
name (or which would otherwise identify a specific recipient).
"(E) Any person or organization may provide information to the
registry with respect to cardiac pacemaker devices and leads other than
those for which payment is made under this title.
"(2) The Secretary may, by regulation, require each provider of
services --
"(A) to return, to the manufacturer of the device or lead for
testing under paragraph (3), any cardiac pacemaker device or lead
which is removed from a patient and payment for the implantation
or replacement of which was made or requested by such provider
under this title, and
"(B) not to charge any beneficiary for replacement of such a
device or lead if the device or lead has not been returned in
accordance with subparagraph (A).
"(3) The Secretary may, by regulation, require the manufacturer of a
cardiac pacemaker device or lead (A) to test or analyze each pacemaker
device or lead for which payment is made or requested under this title
and which is returned to the manufacturer by a provider of services
under paragraph (2), and (B) to provide the results of such test or
analysis to that provider, together with information and documentation
with respect to any warranties covering such device or lead. In any
case where the Secretary has reason to believe, based upon information
in the pacemaker registry or otherwise available to him, that
replacement of a cardiac pacemaker device or lead for which payment is
or may be requested under this title is related to the malfunction of a
device or lead, the Secretary may require that personnel of the Food and
Drug Administration be present at the testing of such device by the
manufacturer, to determine whether such device was functioning properly.
"(4) The Secretary may deny payment under this title, in whole or in
part and for such period of time as the Secretary determines to be
appropriate, with respect to the implantation or replacement of a
pacemaker device or lead of a manufacturer performed by a physician and
provider of services after the Secretary determines (in accordance with
the procedures established under paragraphs (2) and (3) of the
subsection (d)) that --
"(A) the physician or provider of services has failed to to
submit information to the registry as required under paragraph
(1)(C).
"(B) the provider of services has failed to return devices and
leads as required under paragraph (2)(A) or has improperly charged
beneficiaries as prohibited under paragraph (2)(B), or
"(C) the manufacturer of the device or lead has failed to
perform and to report on the testing of devices and leads returned
to it as required under paragraph (3).".
(d) The Secretary of Health and Human Services shall promulgate final
regulations to carry out this section and the amendment made by this
section prior to January 1, 1985, and the amendment made by subsection
(c) shall apply to pacemaker devices and leads implanted or removed on
or after the effective date of such regulations.
SEC. 2305. (a) Section 1833(a)(1) of the Social Security Act is
amended by striking out "(F) with respect to" and all that follows
through "(G)" and inserting in lieu thereof "and (F)".
(b) Section 1833(a) of such Act is amended --
(1) by adding "and" at the end of paragraph (3);
(2) by striking out "; and" at the end of paragraph (4) and
inserting in lieu thereof a period; and
(3) by striking out paragraph (5).
(c) Section 1833(a)(2) of such Act is amended by striking out "and in
paragraph (5) of this subsection".
(d) Section 1833(b) and section 1833(i)(3) of such Act are each
amended by striking out "subsection (a)(1)(G)" and inserting in lieu
thereof "subsection (a)(1)(F)".
(e) The amendments made by this section shall apply to services
performed after the date of the enactment of this Act.
(f) The amendments made by this section shall not be construed as
prohibiting payment, subject to the applicable copayments, under part B
of title XVIII of the Social Security Act for preadmission diagnostic
testing performed in a physician's office to the extent such testing is
otherwise reimbursable under regulations of the Secretary.
SEC. 2306. (a) Section 1842(b) of the Social Security Act is amended
by redesignating paragraphs (4) through (6) as paragraphs (5) through
(7), respectively, and by inserting after paragraph (3) the following
new paragraph:
"(4)(A) In determining the prevailing charge levels under the third
and fourth sentences of paragraph (3) for physicians' services furnished
during the 15-month period beginning July 1, 1984, the Secretary shall
not set any level higher than the same level as was set for the 12-month
period beginning July 1, 1983.
"(B) In determining the reasonable charge under paragraph (3) for
physicians' services furnished during the 15-month period beginning July
1, 1984, the customary charges shall be the same customary charges as
were recognized under this section for the 12-month period beginning
July 1, 1983.
"(C) In determining the prevailing charge levels under the third and
fourth sentences of paragraph (3) for physicians' services furnished
during periods beginning after September 30, 1985, the Secretary shall
treat the level as set under subparagraph (A) as having fully provided
for the economic changes which would have been taken into account but
for the limitations contained in subparagraph (A).
"(D) In determining the customary charges for physicians' services
furnished during the 12-month period beginning October 1, 1985, or
October 1, 1986, by a physician who at no time for any services
furnished during the 12-month period beginning October 1, 1984, was a
participating physician (as defined in subsection (h)(1)), the Secretary
shall not recognize increases in actual charges for services furnished
during the 15-month period beginning on July 1, 1984, above the level of
the physician's actual charges billed in the 3-month period ending on
June 30, 1984.".
(b)(1) Section 1842(b)(3) of such Act is amended --
(A) in subparagraph (F), by striking out "June 30" and
inserting in lieu thereof "September 30";
(B) by striking out "July 1" each place it appears in the third
and eighth sentences and inserting in lieu there of in each
instance "October 1"; and
(C) in the third sentence thereof, by striking out "during the
last preceding calendar year elapsing prior to" and inserting in
lieu thereof "during the 12-month period ending on the March 31
last preceding".
(2) The amendments made by paragraph (1) shall apply to items and
services furnished on or after October 1, 1985.
(c) Section 1842 of such Act, as amended by section 2303(e) of this
title, is amended by adding at the end thereof the following new
subsections:
"(h)(1) Any physician or supplier may voluntarily enter into an
agreement with the Secretary to become a participating physician or
supplier. For purposes of this section, the term 'participating
physician or supplier' means a physician or supplier (excluding any
provider of services) who, before October 1 of any year beginning with
1984, enters into an agreement with the Secretary which provides that
such physician or supplier will accept payment under this part on the
basis of an assignment described in subsection (b)(3)(B)(ii), in
accordance with subsection (b)(6)(B), or under the procedure described
in section 1870(f)(1) for all items and services furnished to
individuals enrolled under this part during the 12-month period
beginning on October 1 of such year. In the case of a newly licensed
physician or a physician who begins a practice in a new area, or in the
case of a new supplier who begins a new business, or in such similar
cases as the Secretary may specify, such physician or supplier may enter
into such an agreement after October 1 of a year, for items and services
furnished during the remainder of the 12-month period beginning on such
October 1.
"(2) Each carrier having an agreement with the Secretary under
subsection (a) shall maintain a toll-free telephone number or numbers at
which individuals enrolled under this part may obtain the names,
addresses, specialty, and telephone numbers of participating physicians
and suppliers.
"(3) In any case in which a carrier having an agreement with the
Secretary under subsection (a) is able to develop a system for the
electronic transmission to such carrier of bills for services, such
carrier shall establish direct lines for the electronic receipt of
claims from participating physicians and suppliers.
"(i)(1) Each year the Secretary shall publish a list containing the
name, address, specialty, and percent of claims submitted with respect
to each physician and supplier during the preceding year that were paid
on the basis of an assignment described in subsection (b)(3)(B)(ii), in
accordance with subsection (b)(6)(B), or under the procedure described
in section 1870(f)(1). The Secretary may limit such list to those
physicians and suppliers who accepted such an assignment in a certain
percentage of such physician's or supplier's billings or who provide at
least a certain volume of services, as the Secretary may determine to be
appropriate. Such list shall be organized by such geographical area as
the Secretary determines, after consultation with carriers, would
facilitate the use of such list by individuals enrolled under this part.
"(2) At the beginning of each fiscal year the Secretary shall publish
a directory containing the name, address, and specialty of all
participating physicians and suppliers (as defined in subsection (h)(
1)) for that fiscal year. The directory shall be organized to make the
most useful presentation of the information (as determined by the
Secretary) for individuals enrolled under this part.
"(3) The Secretary shall promptly notify individuals enrolled under
this part of the publication of such list and directory and shall make
such list and directory available in each district and branch office of
the Social Security Administration, in the offices of carriers, and to
senior citizen organizations.
"(4) The Secretary shall provide that the list and directory shall be
available for purchase by the public.
"(j)(1) In the case of a physician who is not a participating
physician, the Secretary shall monitor each such physician's actual
charges to individuals enrolled under this part for physicians' services
furnished during the 15-month period beginning July 1, 1984. If such
physician knowingly and willfully bills individuals enrolled under this
part for actual charges in excess of such physician's actual charges for
the calendar quarter beginning on April 1, 1984, the Secretary may apply
sanctions against such physician in accordance with paragraph (2).
"(2) Subject to paragraph (3), the sanctions which the Secretary may
apply under paragraph (1) are --
"(A) barring a physician from participation under the program
under this title for a period not to exceed 5 years, in accordance
with the procedures of paragraphs (2) and (3) of section 1862(d),
or
"(B) the imposition of civil monetary penalties and
assessments, in the same manner as such penalties are authorized
under section 1128A(a),
or both. No payment may be made under this title with respect to any
item or service furnished by a physician during the period when he is
barred from participation in the program under this title pursuant to
this subsection.
"(3)(A) The Secretary may not bar a physician pursuant to paragraph
(2)(A) if such physician is a sole community physician or sole source of
essential specialized services in a community.
"(B) The Secretary shall take into account access of beneficiaries to
physicians' services for which payment may be made under this part in
determining whether to bar a physician from partticipation under
paragraph (2)(A).
"(4) The Secretary may, out of any civil monetary penalty or
assessment collected from a physician pursuant to this subsection, make
a payment to a beneficiary enrolled under this part in the nature of
restitution for amounts paid by such beneficiary to such physician which
was determined to be an excess charge under paragraph (1).".
(d)(1) During the 15-month period beginning July 1, 1984, the
Secretary of Health and Human Services shall monitor physicians'
services in order to determine any changes in the per capita volume and
mix of physicians' services provided to beneficiaries under part B of
title XVIII of the Social Security Act, classified by participating and
nonparticipating physicians, by assigned and nonassigned claims, by
specialty, and by geographic area.
(2) A report on changes monitored pursuant to paragraph (1) shall be
provided to Congress prior to July 1, 1985.
(3) Such report shall include recommendations in sufficient detail to
serve as the basis for legislative action which Congress can take to
assure that any burden of effectively constraining the growth of costs
in the medicare part B program, which Congress intends to be borne by
providers and physicians, is not transferred (in whole or in part) so as
to become an additional burden on part B beneficiaries in the form of
increased out-of-pocket costs, reduced services, or reduced access to
needed physician care.
(e) In addition to any funds otherwise provided for fiscal years 1984
and 1985 for payment to carriers under contracts entered into under
section 1842 of the Social Security Act, there are transferred from the
Federal Supplementary Medical Insurance Trust Fund, for payments to such
carriers under such contracts to implement the amendments made by this
section, not less than $8,000,000 for fiscal year 1984, and not less
than $15,000,000 for fiscal year 1985.
(f)(1) Section 1128A(a)(2) of the Social Security Act is amended by
inserting before the comma at the end thereof the following; ", or (C)
an agreement to be a participating physician or supplier under section
1842(h)(1)".
(2) Section 1877(d) of such Act is amended --
(A) by inserting "or agrees to be a participating physician or
supplier under section 1842(h)(1)" after "1842(b)(3)(B)(ii)", and
(B) by striking out "specified in subclause (I) of such
section" and inserting in lieu thereof "or agreement".
SEC. 2307. (a)(1) Subparagraph (A) of section 1842(b)(7)(A) of the
Social Security Act (as redesignated by section 2306 of this title) is
amended by adding at the end the following sentence: "If all the
teaching physicians in a hospital agree to have payment made for all of
their physicians' services under this part furnished patients in the
hospital on the basis of an assignment described in paragraph (3)(B)(
ii) or under the procedure described in section 1870(f)(1),
notwithstanding clause (ii) of this subparagraph, the carrier shall
provide for payment in an amount equal to 90 percent of the prevailing
charges paid for similar services in the same locality.".
(2) Section 1842(b)(7)(B) of such Act is amended --
(A) by striking out "physician who has a substantial practice
outside the teaching setting" in clause (i) and inserting in lieu
thereof "physician who is not a teaching physician (as defined by
the Secretary)";
(B) by striking out "outside practice" in clause (i) and
inserting in lieu thereof "practice outside the teaching setting";
(C) by striking out "In the case of a physician who does not
have a practice described in clause (i)" in clause (ii) and
inserting in lieu thereof "In the case of a teaching physician";
(D) by striking out "greater" in clause (ii) and inserting in
lieu thereof "greatest";
(E) by striking out "or" at the end of subclause (I) of clause
(ii);
(F) by striking out the period at the end of subclause (II) of
clause (ii) and inserting in lieu thereof", or "; and
(G) by adding at the end of clause (ii) the following new
subclause:
"(III) 85 percent of the prevailing charges paid for similar
services in the same locality.".
(3) The amendments made by this subsection shall apply to services
furnished on or after July 1, 1985.
(b)(1) Section 1886(d)(5)(B) of the Social Security Act is amended by
adding at the end thereof the following new sentence: "In determining
such adjustment the Secretary shall not distinguish between those
interns and residents who are employees of a hospital and those interns
and residents who furnish services to a hospital but are not employees
of such hospital.".
(2) The amendment made by paragraph (1) shall apply to cost reporting
periods beginning on or after October 1, 1984.
(c) The Comptroller General shall conduct a study of the amounts
billed for physician services and paid by carriers under section 1842(
b)(7) of the Social Security Act to determine whether such payments have
been made only where the physician satisfies the requirements of section
1842(b)(7)(A)(i) of such Act. The Comptroller General shall submit to
the Committees on Ways and Means and on Energy and Commerce of the House
of Representatives and to the Committee on Finance of the Senate a
report on the results of such study not later than 18 months after the
date of the enactment of ths Act.
SEC. 2308. (a) The Secretary of Health and Human Services shall
issue regulations which require, for purposes of title XVIII of the
Social Security Act, that providers of services calculate and report the
lesser-of-cost-or-charges determinations separately with respect to
payments for services under part A and services under part B of such
title (other than clinical diagnostic laboratory tests paid under
section 1833(h)), and that payment under such title be based upon such
separate determinations. Such regulations shall apply to cost reporting
periods beginning on or after October 1, 1984.
(b)(1) For purposes of applying the nominality test under sections
1814(b)(2) and 1833(a)(2)(B)(ii) of the Social Security Act, the
Secretary shall, in addition to those rules for establishing nominality
which the Secretary determines to be appropriate, provide that charges
representing 60 percent or less of costs shall be considered nominal.
The charges used in making such determinations shall be the charges
actually billed to charge-paying patients who are not entitled to
benefits under either part of such title. Such determination shall be
made separately with respect to payments for services under part A and
services under part B of such title (other than clinical diagnostic
laboratory tests paid under section 1833(h)), or on the basis of
inpatient and outpatient services, except that the determination need
not be made separately for home health services if the Secretary finds
that such separation is not appropriate.
(2)(A) Section 1814(b)(2) of such Act is amended by inserting after
"public provider of services" the following: ", or by another provider
which demonstrates to the satisfaction of the Secretary that a
significant portion of its patients are low-income (and requests that
payment be made under this paragraph),".
(B) Section 1833(a)(2)(B)(ii) of such Act is amended by inserting
after "public provider of services" the following: ", or by another
provider which demonstrates to the satisfaction of the Secretary that a
significant portion of its patients are low-income (and requests that
payment be made under this clause),".
SEC. 2309. (a)(1) The Director of the Office of Technology
Assessment shall conduct a study of physician reimbursement under the
medicare program and report to Congress on such study not later than
December 31, 1985. The report shall include specific findings and
recommendations on methods by which payment amounts and other program
policies under part B of the title XVIII of the Social Security Act may
be modified --
(A) to eliminate inequities in the relative amounts paid to
physicians by type of service, locality, and specialty, with
particular attention to any inequities between cognitive services
and medical procedures; and
(B) to increase incentives for physicians and other suppliers
under such part to accept assignment for services covered under
title XVIII of the Social Security Act.
The study shall also examine the influence of payment methodology and
payment levels on the utilization of services.
(2) In carrying out the study under paragraph (1)(A), the Director
shall take into account the relative time, complexity, investment in
professional training, and overhead expenses necessary to the provision
of various medical services and procedures, as well as the influence of
the changes in technology.
(3) The report under paragraph (1)(A) shall include information on
methodologies which could be applied in the development of fee schedules
on a national or regional basis for payments under part B of title XVIII
of the Social Security Act in a manner consistent with the findings of
the study under this subsection.
(4) In preparing the report and recommendations, the Director shall
consult with the Secretary of Health and Human Services and, as
appropriate, with national organizations of physicians and other
interested associations and individuals.
(b) In order to assist the Director in completing the study and to
facilitate Congressional review, the Secretary of Health and Human
Services shall compile a centralized medicare part B charge data base,
utilizing, information gathered by the medicare carriers for charges in
1983. Such data shall include information, by procedure, on --
(1) utilization,
(2) assignment rates of physicians and suppliers,
(3) actual, customary, and prevailing charges, and
(4) the differences in charges by physician specialty and
locality.
Such information shall be provided to the Director of the Office of
Technology Assessment.
(c) The Secretary shall review the report submitted under subsection
(a)(1) and shall report to the Congress his comments on the report and
recommendations for legislative amendments.
SEC. 2310. (a) Section 1886(b)(3)(B) of the Social Security Act is
amended --
(1) by striking out "1 percentage point", and by inserting in
lieu thereof "one-quarter of 1 percentage point", and
(2) by adding at the end thereof the following: "In
determinating a percentage change under subsection (e)(4) with
respect to discharges occurring in any cost reporting period or
fiscal year beginning on or after October 1, 1985, and before
October 1, 1986, the Secretary may not establish a percentage
increase which exceeds the applicable percentage increase
otherwise determined for that period or fiscal year under the
preceding sentence.".
(b) The amendments made by this section shall apply to cost reporting
periods beginning in, and discharges occurring in, fiscal year 1985 and
thereafter.
SEC. 2311. (a) Section 1886(d)(5)(C)(i) of the Social Security Act
is amended by adding at the end thereof the following: "A hospital
which is classified as a rural hospital may appeal to the Secretary to
be classified as a rural referral center under this clause on the basis
of criteria (established by the Secretary) which shall allow the
hospital to demonstrate that it should be so reclassified by reason of
certain of its operating characteristics being similar to those of a
typical urban hospital located in the same census region. Such
characteristics may include wages, scope of services, service area, and
the mix of medical specialties. The Secretary shall publish the
criteria not later than 30 days after the date of the enactment of this
Act, for implementation by October 1, 1984. An appeal allowed under
this clause must be submitted to the Secretary (in such form and manner
as the Secretary may prescribe) during the quarter before the first
quarter of the hospital's cost reporting period (or, in the case of a
cost reporting period beginning during October 1984, during the first
quarter of that period), and the Secretary must make a final
determination with respect to such appeal within 60 days after the date
the appeal was submitted. Any payment adjustments necessitated by a
reclassification based upon the appeal shall be effective at the
beginning of such cost reporting period.".
(b) Section 1886(d)(2)(D) of such Act is amended by adding at the end
thereof the following: "A hospital located in a Metropolitan
Statistical Area shall be deemed to be located in the region in which
the largest number of the hospitals in the same Metropolitan Statistical
Area are located, or, at the option of the Secretary, the region in
which the majority of the inpatient discharges (with respect to which
payments are made under this title) from hospitals in the same
Metropolitan Statistical Area are made.".
(c) Section 1886(d) of such Act is amended by adding at the end
thereof the following new paragraph:
"(8) In the case of any hospital which is located in an area which
is, at any time after April 20, 1983, reclassified from an urban to a
rural area, payments to such hospital for the first two cost reporting
periods for which such reclassification is effective shall be made as
follows:
"(A) For the first such cost reporting period, payment shall be
equal to the amount payable to such hospital for such reporting
period on the basis of the rural classification, plus an amount
equal to two-third of the amount (if any) which --
"(i) the amounts which would have been payable to such hospital
for such reporting period on the basis of an urban classification,
exceeds
"(ii) the amount payable to such hospital for such reporting
period on the basis of the rural classification.
"(B) for the second such cost reporting period, payment shall
be equal to the amount payable to such hospital for such reporting
period on the basis of the rural classification, plus an amount
equal to one-third of the amount (if any) by which --
(i) the amount which would have been payable to such hospital
for such reporting period on the basis of an urban classification,
exceeds
(ii) the amount payable to such hospital for such reporting
period on the basis of the rural classification.".
(d)(1) Except as provided in paragraph (2), the amendments made by
subsections (b) and (c) shall be effective with respect to cost
reporting periods beginning on or after October 1, 1983, and the
amendment made by subsection (a) shall be effective with respect to cost
reporting periods beginiing on or after October 1, 1984.
(2) The amendment made by subsection (b) shall not apply so as to
reduce any payment under section 1886(d) of the Social Security Act to a
hospital the region of which is deemed to be changed pursuant to such
amendment for discharges occurring in any cost reporting period
beginning before October 1, 1984.
(e) The Secretary of Health and Human Services shall conduct a study
of the distinction between urban and rural hospitals for purposes of the
DRG payment provisions under section 1886(d) of the Social Security Act,
and the effect which such distinction may have on rural hospitals in the
case of those DRG's which have high fixed nonlabor components which do
not vary significantly between urban and rural areas (such as those
DRG's which involve expeneisve medical devices). The Secretary also
shall conduct a study of the advisability and feasibility of varying by
DRG the proportions of the labor and nonlabor components of the Federal
payment amount instead of applying the average proportion of those
components to all DRG's. The Secretary shall report the results of such
studies to the Committee on Finance of the Senate and the Committee on
Ways and Means of the House of Representatives within six months after
the date of the enactment of this Act.
(f) The Secretary of Health and Human Services shall conduct a study
of further refinements which may be appropriate in the inpatient
hospital prospective payment provisions of title XVIII of the Social
Security Act, in order to address the problems of differences in payment
amounts to specific hospitals. The study shall include (but shall not
be limited to) the degree of variation in inpatient hospital costs per
discharge within each diagnosis-related group. The Secretary shall also
present alternative methods of computing the amount of such payments.
The study shall include a discussion of the relative merits of a method
of payment under which a percentage of the payment amount (for
discharges classified within a diagnosis-related group) could be
determined on a regional basis. The Secretary shall report the result
of the study, and any recommended changes in the prospective payment
system, to the Congress prior to September 1, 1984.
SEC. 2312. (a) Section 1886(d)(5) of the Social Security Act is
amended by adding at the end thereof the following new subparagraph:
"(E) The Secretary shall provide for an additional payment amount for
any subsection (d) hospital equal to the reasonable costs incurred by
such hospital for anesthesia services provided by a certified registered
nurse anesthetist. Payment under this subparagraph shall be the only
payment made to such hospital with respect to such services.".
(b) The second sentence of section 1886(a)(4) of such Act is amended
by inserting ", costs of anesthesia services provided by a certified
registered nurse anesthetist" after "approved educational activities."
(c) The amendments made by subsections (a) and (b) shall apply to
cost reporting periods beginning on or after October 1, 1984, and before
October 1, 1987.
(d) The Secretary of Health and Human Services shall conduct a study
of possible methods of reimbursement under title XVIII of the Social
Security Act which would not discourage the use of certified registered
nurse anesthetists by hospitals. The Secretary shall report the results
of such study to the Congress as soon as is practicable.
SEC. 2313. (a) Section 1886(e)(2) of the Social Security Act is
amended by inserting "(without regard to the provisions of title 5,
United States Code, governing appointments in the competitive service)"
after "appointed by the Director".
(b)(1) Section 1886(e)(6)(C)(i) of such Act is amended to read as
follows:
"(i) employ and fix the compensation of an Executive Director
(subject to the approval of the Director of the Office) and such
other personnel (not to exceed 25) as may be necessary to carry
out its duties (without regard to the provisions of title 5,
United States Code, governing appointments in the competitive
service);".
(2) Section 1886(e)(6)(C)(iii) of such Act is amended by inserting
"(without regard to section 3709 of the Revised Statutes (41 U.S.C.
5))" after "Commission".
(3) Section 1886(e)(6)(C) of such Act is amended by adding at the end
the following: "Section 10(a)(1) of the Federal Advisory Committee Act
shall not apply to any portion of a Commission meeting if the
Commission, by majority vote, determines that such portion of such
meeting should be closed.".
(4) Section 1886(e)(6)(D) of such Act is amended by adding at the end
thereof the following sentence: "Physicians serving as personnel of the
Commission may be provided a physician comparability allowance by the
Commission in the same manner as Government physicians may be provided
such an allowance by an agency under section 5948 of titel 5, United
States Code, and for such purpose subsection (i) of such section shall
apply to the Commission in the same manner as it applies to the
Tennessee Valley Authority.".
(c) Section 1862 of such Act, as amended by section 2304(c) of this
title, is amended by adding at the end the following new subsection.
"(i) In order to supplement the activities of the Prospective Payment
Assessment Commission under section 1886(e) in assessing the safety,
efficacy, and cost-effectiveness of new and existing medical procedures,
the Secretary may carry out, or award grants or contracts for, original
research and experimentation of the type described in clause (ii) of
section 1886(e)(6)(E) with respect to such a procedure if the Secretary
finds that --
"(1) such procedure is not of sufficient commercial value to
justify research and experimentation by a commercial organization:
"(2) research and experimentation with respect to such
procedure is not of a type that may appropriately be carried out
by an institute, division, or bureau of the National Institutes of
Health; and
"(3) such procedure has the potential to be more cost-effective
in the treatment of a condition than procedures currently in use
with respect to such condition.".
(d) Section 1886(e)(6) of such Act is amended by adding at the end
the following new subparagraph:
"(J) The Commission shall submit requests for appropriations in the
same manner as the Office submits requests for appropriations, but
amounts appropriated for the Commission shall be separate from amounts
appropriated for the Office.".
(e) The amendments made by this section shall become effective on the
date of the enactment of this Act.
SEC. 2314. (a) Section 1861(v)(1) of the Social Security Act is
amended by adding at the end thereof the following new subparagraph:
"(O)(i) In establishing an appropriate allowance for depreciation and
for interest on capital indebtedness and (if applicable) a return on
equity capital with respect to an asset of a hospital or skilled nursing
facility which has undergone a change of ownership, such regulations
shall provide that the valuation of the asset after such change of
ownership shall be the lesser of the allowable acquisition cost of such
asset to the owner of record as of the date of the enactment of this
subparagraph (or, in the case of an asset not in existence as of such
date, the first owner of record of the asset after such date), or the
acquisition cost of such asset to the new owner.
"(ii) Such regulations shall provide for recapture of depreciation in
the same manner as provided under the regulations in effect on June 1,
1984.
(iii) Such regulations shall not recognize, as reasonable in the
provision of health care services, costs (including legal fees,
accounting and administrative costs, travel costs, and the costs of
feasibility studies) attributable to the negotiation or settlement of
the sale or purchase of any capital asset (by acquisition or merger) for
which any payment has previously been made under this title.".
(b) Section 1902(a)(13) of such Act is amended --
(1) by striking out "and" at the end of subparagraph (A),
(2) by redesignating subparagraph (B) as subparagraph (C), and
(3) by inserting after subparagraph (A) the following new
subparagraph:
"(B) that the State shall provide assurances satisfactory to
the Secretary that the payment methodology utilized by the State
for payments to hospitals, skilled nursing facilities, and
intermediate care facilities can reasonably be expected not to
increase such payments, solely as a result of a change of
ownership, in excess of the increase which would result from the
application of section 1861(v)(1)(O); and".
(c)(1) Clause (i) of section 1861(v)(1)(O) of the Social Security Act
shall not apply to changes of ownership of assets pursuant to an
enforceable agreement entered into before the date of the enactment of
this Act.
(2) Clause (iii) of section 1861(v)(1)(O) of such Act shall apply to
costs incurred on or after the date of the enactment of this Act.
(3)(A) Except as provided in subparagraph (B), the amendments made by
subsection (b) shall apply to medical assistance furnished on or after
October 1, 1984.
(B) In the case of a State plan for medical assitance under title XIX
of the Social Security Act which the Secretary of Health and Human
Services determines requires State legislation in order for the plan to
meet the additional requirement imposed by the amendments made by this
section, the State plan shall not be regarded as failing to comply with
the requirements of such title solely on the basis of its failure to
meet this additional requirement before the first day of the first
calendar quarter beginning after the close of the first regular session
of the State legislature that begins after the date of the enactment of
this Act.
SEC. 2315. (a) Section 1886(c)(4)(A) of the Social Security Act is
amended by striking out "and (D)" and inserting in lieu thereof "(D) and
(E)".
(b) Section 1886(d)(2)(D) of such Act is amended by striking out
"Standard".
(c) Section 1886(e)(5) of such Act is amended --
(1) by striking out "for public comment" in the matter before
subparagraph (A), and
(2) by inserting "for public comment" in subparagraph (A) after
"that fiscal year".
(d) Section 1866(a)(1)(F) of such Act (as added by section 602(f)(
1)(C) of the Social Security Amendments of 1983) is amended by striking
out "(c) or (d)" and inserting in lieu thereof "(b), (c), or (d)".
(e) Section 1818(c) of such Act is amended by striking out
"subsection (a) of section 1839" and inserting in lieu thereof
"subsection (b), of section 1839".
(f)(1) Section 604(c)(3) of the Social Security Amendments of 1983
(Public Law 98-21) is amended by striking out "to implement subsection
(d) of section 1886 of the Social Security Act (as so amended)" and
inserting in lieu thereof "to implement the amendments made by this
title".
(2) Notwithstanding section 604(c) of the Social Security Amendments
of 1983, the Secretary of Health and Human Services shall cause to be
published in the Federal Register proposed regulations to carry out
subsection (c) of section 1886 of the Social Security Act not later than
July 1, 1984, and allow for a period of 45 days for public comment
thereon. After consideration of the comments received, the Secretary
shall cause to be published in the Federal Register final regulations to
carry out such subsection not later than October 1, 1984.
(g) The amendments made by this section shall be effective as though
they had been included in the enactment of the Social Security
Amendments of 1983 (Public Law 98-21).
(h) The Secretary of Health and Human Services shall, prior to
December 31, 1984 --
(1) develop and publish a definition of "hospitals that serve a
significantly disproportionate number of patients who have low
income or are entitled to benefits under part A" of title XVIII of
the Social Security Act for purposes of section 1886(d)(5)(C)( i)
of that Act, and
(2) identify those hospitals which meet such definition, and
make such identity available to the Committee on Ways and Means of
the House of Representatives and the Committee on Finance of the
Senate.
SEC. 2316. (a) The Secretary of Health and Human Services, in
consultation with the Secretary of Labor, shall conduct a study to
develop an appropriate index for purposes of adjusting payment amounts
under section 1886(d) of the Social Security Act to reflect area
differences in average hospital wage levels, as required under
paragraphs (2)(H) and (3)(E) of such section, taking into account wage
differences of full time and part time workers. The Secretary of Health
and Human Services shall report the results of such study to the
Congress not later than 30 days after the date of the enactment of this
Act, including any changes which the Secretary determines to be
necessary to provide for an appropriate index.
(b) The Secretary shall adjust the payment amounts for hospitals for
cost reporting periods beginning on or after October 1, 1983, to reflect
any changes made in the wage index pursuant to subsection (a). Any
adjustment in such payments to take account of overpayments or
underpayments for the first cost reporting period of a hospital to which
section 1886(d) of the Social Security Act applies, shall be made by
decreasing or increasing payments in the succeeding cost reporting
period.
(c) The Secretary shall conduct a study and report to the Congress on
proposed criteria under which, in the case of a hospital that
demonstrates to the Secretary in a current fiscal year that the
adjustment being made under paragraph (2)(H) or (3)(E) of section 1886(
d) of the Social Security Act for that hospital's discharges in that
fiscal year does not accurately reflect the wages levels in the labor
market serving the hospital, the Secretary, to the extent he deems
appropriate, would modify such adjustment for that hospital for
discharges in the subsequent fiscal year to take into account a
difference in payment amounts in that current fiscal year to the
hospital that resulted from such inaccuracy.
SEC. 2317. The second sentence of section 603(a)(2)(B) of the Social
Security Amendments of 1983 (Public Law 98-21) is amended by striking
out "include, in a report to Congress in 1985," and inserting in lieu
thereof "submit to Congress, not later than July 1, 1985, a report to
Congress which includes".
SEC. 2318. (a) Section 1861(v)(1)(K) of the Social Security Act is
amended by inserting "(i)" after "(K)" and by adding at the end thereof
the following new clause:
"(ii) For purposes of clause (i), the term 'bona fide emergency
services' means services provided in a hospital emergency room after the
sudden onset of a medical condition manifesting itself by acute symptoms
of sufficient severity (including severe pain) such that the absence of
immediate medical attention could reasonably be expected to result in --
"(I) placing the patient's health in serious jeopardy;
"(II) serious impairment to bodily functions; or
"(III) serious dysfunction of any bodily organ or part.".
(b) Section 1861(v)(1)(K)(i) of such Act as so designated is amended
by striking out "provided in an emergency room" and inserting in lieu
thereof "as defined in clause (ii)".
(c) The amendments made by this section shall apply to services
furnished on or after the date of the enactment of this Act.
SEC. 2319. (a)(1) Section 1861(v)(1)(E) of the Social Security Act
is amended by striking out clause (i) thereof, and by striking out
"(ii)".
(2) Section 1861(v)(7) of such Act is amended by adding at the end
thereof the following new subparagraph:
"(D) For further limitations on reasonable cost and determination of
payment amounts for routine service costs of skilled nursing facilities,
see section 1888.".
(b) Title XVIII of the Social Security Act is amended by adding at
the end thereof the following new section:
"SEC. 1888. (a) The Secretary, in determining the amount of the
payments which may be made under this title with respect to routine
service costs of extended care services shall not recognize as
reasonable (in the efficient delivery of health services) per diem costs
of such services to the extent that such per diem costs exceed the
following per diem limits, except as otherwise provided in this section:
"(1) With respect to freestanding skilled nursing facilities
located in urban areas, the limit shall be equal to 112 percent of
the mean per diem routine service costs for freestanding skilled
nursing facilities located in urban areas.
"(2) With respect to freestanding skilled nursing facilities
located in rural areas, the limit shall be equal to 112 percent of
the mean per diem routine service costs for freestanding skilled
nursing facilities located in rural areas.
"(3) With respect to hospital-based skilled nursing facilities
located in urban areas, the limit shall be equal to the sum of the
limit for freestanding skilled nursing facilities located in urban
areas, plus 50 percent of the amount by which 112 percent of the
mean per diem routine service costs for hospital-based skilled
nursing facilities located in urban areas exceeds the limit for
freestanding skilled nursing facilities located in urban areas.
"(4) With respect to hospital-based skilled nursing facilities
located in rural areas, the limit shall be equal to the sum of the
limit for freestanding skilled nursing facilities located in rural
areas, plus 50 percent of the amount by which 112 percent of the
mean per diem routine service costs for hospital-based skilled
nursing facilities located in rural areas exceeds the limit for
freestanding skilled nursing facilities located in rural areas.
In applying this subsection the Secretary shall make appropriate
adjustments to the labor related portion of the costs based upon an
appropriate wage index.
"(b) With respect to a hospital-based skilled nursing facility, the
Secretary shall recognize as reasonable the portion of the cost
differences between hospital-based and freestanding skilled nursing
facilities attributable to excess overhead allocations (as determined by
the Secretary) resulting from the reimbursement principles under this
title, notwithstanding the limits set forth in paragraph (3) or (4) of
subsection (a).
"(c) The Secretary may make adjustments in the limits set forth in
subsection (a) with respect to any skilled nursing facility to the
extent the Secretary deems appropriate, based upon case mix or
circumstances beyond the control of the facility.".
(c) The amendments made by subsections (a) and (b) shall apply to
cost reporting periods beginning on or after July 1, 1984.
(d) Notwithstanding limits on the cost of skilled nursing facilities
which may have been issued under section 1861(v) of the Social Security
Act prior to the date of the enactment of this Act, in the case of cost
reporting periods beginning on or after October 1, 1982, and prior to
July 1, 1984, the cost limits for routine services for urban and rural
hospital-based skilled nursing facilities shall be 112 percent of the
mean of the respective routine costs for urban and rural hospital-based
skilled nursing facilities.
(e) The Secretary of Health and Human Services shall submit to the
Congress, prior to December 1, 1984, the report required under section
605(b) of the Social Security Amendments of 1983.
(f)(1) The Secretary of Health and Human Services shall report to the
Committee on Finance of the Senate and the Committee on Ways and Means
of the House of Representatives, prior to Augsut 1, 1984, the proposals
developed, as required under section 1135(c) of the Social Security Act,
for prospective reimbursement of skilled nursing facilities.
(2) The Secretary of Health and Human Services shall submit to the
Congress, prior to December 1, 1984, a report on the range of options
for prospective payment of skilled nursing facilities under title XVIII
of the Social Security Act. The report shall take into account case mix
differences among skilled nursing facilities. The report shall analyze
the feasibility of permitting inclusion of payments to hospital-based
facilities within the DRG payment system under section 1886(d) of such
Act.
SEC. 2320. (a)(1) In the case of a project described in subsection
(b), the Secretary of Health and Human Services shall provide, except as
provided in paragraph (2), that the amount of payments to hospitals
covered under the project during the period described in paragraph (3)
shall include payments for their operation of hospital-based mobile
intensive care units (as defined by State statute) if the State provides
satisfactory assurances that the total amount of payments to such
hospitals under titles XVIII and XIX of the Social Security Act under
the demonstration project (including any such additional amount of
payment) would not exceed the total amount of payments which would have
been paid under such titles if the demonstration project were not in
effect.
(2) Paragraph (1) shall not apply if the State in which the project
is located notifies the Secretary, within 30 days after the date of the
enactment of this section, that the State does not want paragraph (1) to
apply to that project.
(3) The period referred to in paragraph (1) begins on the date of the
enactment of this section and continues so long as the Secretary
continues the Statewide waiver referred to in subsection (b), but in no
case ends earlier than 90 days after the date final regulations to
implement section 1886(c) of the Social Security Act are published.
(b) The project referred to in subsection (a) is the statewide
demonstration project established in the State of New Jersey under
section 402 of the Social Security Amendments of 1967, as amended by
section 222(b) of the Social Security Amendments of 1972 (Public Law
92-603), which project provides for payments to hospitals in the State
on a prospective basis and related to a classification of patients by
diagnosis-related groups.
(c) Payment for services described in this section shall be
considered to be payments for services under part A of title XVIII of
the Social Security Act.
SEC. 2321. (a)(1) The matter in section 1814(b) of the Social
Security Act preceding paragraph (1) is amended by inserting "and other
than a home health agency with respect to durable medical equipment"
after "hospice care".
(2) Section 1814 of such Act is amended by adding at the end thereof
the following new subsection:
"(k) The amount paid to any home health agency with respect to
durable medical equipment for which payment may be made under this part
shall be --
"(1) the lesser of --
"(A) the reasonable cost of such equipment, as determined under
section 1861(v), or
"(B) the customary charges with respect to such equipment,
less the amount the home health agency may charge as described
in section 1866(a)(2)(A)(ii), but in no case may the payment for
such equipment exceed 80 percent of such reasonable cost, or
"(2) if such equipment is furnished by a public home health
agency free of charge or at nominal charge to the public, the
amount which the Secretary finds will provide fair compensation to
the home health agency.".
(b)(1) The matter in section 1833(a)(2)(A) of such Act preceding
clause (i) is amended by inserting "(other than durable medical
equipment)" after "home health services".
(2) The matter in section 1833(a)(2)(B) of such Act preceding clause
(i) is amended by inserting "items and" after "other".
(c) Section 1866(a)(2)(A)(ii) of such Act is amended by inserting "or
which are durable medical equipment furnished as home health services"
after "part B".
(d)(1) The first sentence of section 1833(f)(1) of such Act is
amended by striking out "as described in section 1861(s)(6)".
(2) Section 1833(f)(2) of such Act is amended --
(A) by striking out "the 20 percent" and inserting in lieu
thereof "any", and
(B) by striking out "under subsection (a)".
(3) Section 1833(f)(3) of such Act is amended by striking out
"paragraph (1)" and inserting in lieu thereof "subsection (a)".
(4)(A) Subsection (f) of section 1833 of such Act is redesignated as
section 1889, is assigned the heading "PURCHASE OF DURABLE MEDICAL
EQUIPMENT", and is moved to and inserted at the end of part C after the
section added by section 2319 of this title.
(B) Paragraphs (1) through (4) of such section 1889 are redesignated
as subsections (a) through (d), respectively.
(e)(1) Section 1861(m)(5) of such Act is amended by striking out ",
and the use of medical appliances" and inserting in lieu thereof "and
durable medical equipment".
(2) Section 1861(s)(6) of such Act is amended by striking out
everything after "durable medical equipment" up to the semicolon.
(3) Section 1861 of such Act is amended by inserting after subsection
(m) the following:
"(n) The term 'durable medical equipment' includes iron lungs, oxygen
tents, hospital beds, and wheelchairs (which may include a
power-operated vehicle that may be appropriately used as a wheelchair,
but only where the use of such a vehicle is determined to be necessary
on the basis of the individual's medical and physical condition and the
vehicle meets such safety requirements as the Secretary may prescribe)
used in the patient's home (including an institution used at his home
other than an institution that meets the requirements of subsection
(e)(1) or (j)(1) of this section), whether furnished on a rental basis
or purchased.".
(4) Section 1861(cc)(1)(G) of such Act is amended by striking out ",
appliances, and equipment, including the purchase or rental of
equipment" and inserting in lieu thereof "and durable medical
equipment".
(f) Section 1814(j)(2) of such Act is amended --
(1) by redesignating subparagraphs (B) and (C) as subparagraphs
(C) and (D), respectively, and
(2) by inserting the following after subparagraph (A):
"(B) Subsection (k)(1)(B).".
(g) The amendments made by this section shall apply to items and
services furnished on or after the date of the enactment of this Act.
SEC. 2322. (a) Section 1861(s)(2)(H) of the Social Security Act is
amended by inserting "(i)" after "(H)", by adding "and" at the end of
clause (i) as so designated, and by adding at the end thereof the
following new clause:
"(ii) services furnished pursuant to a risk-sharing contract
under section 1876(g) to a member of an eligible organization by a
clinical psychologist (as defined by the Secretary), and such
services and supplies furnished as an incident to his services to
such a member as would otherwise be covered under this part if
furnished by a physician or as an incident to a physician's
service; and".
(b) The amendments made by subsection (a) shall be effective with
respect to services furnished on or after the date of the enactment of
this Act.
SEC. 2323. (a) Section 1861(s)(10) of the Social Security Act is
amended --
(1) by striking "(A)" after "(10)";
(2) by striking out the period at the end thereof and inserting
in lieu thereof "; and"; and
(3) by adding at the end thereof the following new
subparagraph:
"(B) hepatitis B vaccine and its administration, furnished to
an individual who is at high or intermediate risk of contracting
hepatitis B (as determined by the Secretary under regulations).".
(b)(1) Paragraphs (1)(B),(2)(A), and (3) of section 1833(a) of such
Act are each amended by striking out "1861(s)(10)" and inserting in lieu
thereof "1861(s)(10)(A)".
(2) Section 1833(b)(1) of such Act is amended by striking out "1861(
s)(10)" and inserting in lieu there of "1861(s)(10)(A)".
(3) The last sentence of section 1866(a)(2)(A) of such Act is amended
by striking out "1861(s)(10)" and inserting in lieu thereof
"1861(s)(10)(A)".
(4) Section 1833 of such Act is amended by adding at the end thereof
the following new subsection:
"(k) With respect to services described in section 1861(s)(10)(B),
the Secretary may provide, instead of the amount of payment otherwise
provided under this part, for payment of such an amount or amounts as
reasonably reflects the general cost of efficiently providing such
services.".
(c) Section 1881(b) of such Act is amended by adding at the end
thereof the following new paragraph:
"(11) Hepatitis B vaccine and its administration, when provided
to a patient determined to have end stage renal disease, shall not
be included as dialysis services for purposes of payment under any
prospective payment amount or comprehensive fee established under
this section. Payment for such vaccine and its administration
shall be made separately in accordance with section 1833.".
(d) The amendments made by this section apply to services furnished
on or after September 1, 1984.
(e) The Secretary shall monitor the provision of hepatitis B vaccine
under part B of title XVIII of the Social Security Act, and shall review
any changes in medical technology which may have an effect on the
amounts which should be paid for such service.
SEC. 2324. (a) Section 1861(s)(2) of the Social Security Act is
amended by striking out "and" at the end of subparagraph (G) and by
adding at the end thereof the following new subparagraph:
"(I) blood clotting factors, for hemophilia patients competent
to use such factors to control bleeding without medical or other
supervision, and items related to the administration of such
factors, subject to utilization controls deemed necessary by the
Secretary for the efficient use of such factors;".
(b) The amendments made by subsection (a) shall be effective with
respect to items and services purchased on or after the date of the
enactment of this Act.
SEC. 2325. The Secretary shall provide, pursuant to section 1862(a)
of the Social Security Act, that payment will not be made under part B
of title XVIII of such Act for a physician's debridement of mycotic
toenails to the extent such debridement is performed for a patient more
frequently than once every 60 days, unless the medical necessity for
more frequent treatment is documented by the billing physician.
SEC. 2326. (a) During each of the fiscal years 1985 and 1986, the
Secretary of Health and Human Services may enter into not more than two
agreements under section 1816 of the Social Security Act, and not more
than two contracts under section 1842 of such Act, on the basis of
competitive bidding, without regard to the nominating process under
section 1816(a) of such Act during the term of the agreement. Such
procedure may be used only for the purpose of replacing an agency or
organization or carrier which over a period of time has been in the
lowest 20th percentile of agencies and organizations or carriers having
agreements or contracts under the respective section, as measured by the
Secretary's cost and performance criteria. Any agency or organization
or carrier selected on the basis of competitive bidding must perform all
of the duties listed in section 1816(a)(1) of such Act, or the duties
listed in paragraphs (1) through (4) of section 1842(a) of such Act, as
the case may be, and must be a health insuring organization (as
determined by the Secretary).
(b) Section 1816(e)(4) of the Social Security Act is ameneded by
adding at the end thereof the following new sentence: "By not later
than July 1, 1987, the Secretary shall limit the number of such regional
agencies or organizations to not more than ten.".
(c)(1) Section 1816(f) of such Act is amended by striking out ", by
regulation," in clause (2), and by adding at the end thereof the
following: "Such standards and criteria shall be published in the
Federal Register, and opportunity shall be provided for public comment
prior to implementation.".
(2) Section 1842(b)(2) of such Act is amended by adding at the end
thereof the following new sentence: "The Secretary shall publish in the
Federal Register standards and criteria for the efficient and effective
performance of contract obligations under this section, and opportunity
shall be provided for public comment prior to implementation.".
(d)(1) Section 1816(c) of such Act is amended by adding at the end
the following new sentence: "The Secretary shall provide that in
determining the necessary and proper cost of administration, the
Secretary shall, with respect to each agreement, take into account the
amount that is reasonable and adequate to meet the costs which must be
incurred by an efficiently and economically operated agency or
organization in carrying out the terms of its agreement.".
(2) Section 1842(c) of such Act is amended by adding at the end the
following new sentence: "The Secretary shall provide that in
determining a carrier's necessary and proper cost of administration, the
Secretary shall, with respect to each contract, take into account the
amount that is reasoanble and adequate to meet the costs which must be
incurred by an efficiently and economically operated carrier in carrying
out the terms of its contract.".
(3) The amendments made by this subsection shall apply to agreements
and contracts entered into or renewed after September 30, 1984.
(e)(1) The Comptroller General shall conduct a study on --
(A) the ability of the Administrator of the Health Care
Financing Administration to manage competitive bidding for
agreements and contracts under sections 1816 and 1842 of the
Social Security Act, and on the relative costs and efficiency of
such competitive agreements and contracts as compared to current
cost reimbursement for such agreements and contracts;
(B) the need (if any) for eliminating the provider nomination
procedure under section 1816(a) of such Act;
(C) the disparities (if any) in costs and quality of claims
processing among the various entities performing claims processing
pursuant to sections 1816 and 1842 of such Act;
(D) whether the standards of the Secretary of Health and Human
Services for evaluating costs and performance of intermediaries
and carriers are adequate and properly applied; and
(E) whether the Secretary's statutory authority is sufficient
to deal with inefficient intermediaries and carriers either
through the contract negotiation and budget review process or
through the process for termination or nonrenewal of contracts.
(2) The Comptroller General shall submit a report on the results of
such study to the Congress not later than 12 months after the date of
the enactment of this Act.
SEC. 2331. (a) Section 1110(a)(1) of the Social Security Act is
amended by striking out "nonprofit".
(b) The first sentence of section 402(a)(1) of the Social Security
Amendments of 1967 (Public Law 90-248) is amended by striking out
"nonprofit".
(c) The amendments made by this section shall become effective on the
date of the enactment of this Act.
SEC. 2332. (a) Title XI of the Social Security Act is amended by
inserting after section 1116 the following new section:
"SEC. 1117. The Administrator of the Health Care Financing
Administration shall be appointed by the President by and with the
advice and consent of the Senate.".
(b) Section 5315 of title 5, United States Code, is amended by adding
at the end thereof the following:
"Administrator of the Health Care Financing Administration.".
(c) The amendments made by this section shall apply to appointments
made after the date of the enactment of this Act.
SEC. 2333. (a) Section 1128 of the Social Security Act is amended --
(1) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively, and
(2) by inserting after subsection (a) the following new
subsection:
"(b) Whenever the Secretary determines, with respect to an entity,
that a person who has a direct or indirect ownership or control interest
of 5 percent or more in the entity, or who is an officer, director,
agent, or managing employee (as defined in section 1126(b)) of such
entity, is a person described in section 1126(a), the Secretary --
"(1) may bar from participation in the program under title
XVIII, for such period as he may deem appropriate, each such
entity otherwise eligible to participate in such program;
"(2) shall promptly notify each appropriate State agency
administering or supervising the administration of a State plan
approved under title XIX of the fact and circumstances of the
determination, and may require each such agency to bar the entity
from participation under the State plan for such period as he
specifies, which may not exceed the period established pursuant to
paragraph (1); and
"(3) shall promptly notify the appropriate State or local
agency or authority having responsibility for the licensing or
certification of such entity of the fact and circumstances of such
determination, request that appropriate investigations be made and
sanctions invoked in accordance with applicable State law and
policy, and request that such State or local agency or authority
keep the Secretary and the Inspector General of the Department of
Health and Human Services fully and currently informed with
respect to any actions taken in response to such request.".
(b) Section 1128(e) of such Act (as redesignated by subsection (a)(
1)) is amended --
(1) by inserting "or entity" after "Any person", and
(2) by striking out "(a) or (b)" and inserting in lieu thereof
"(a), (b), or (c)".
(c) The amendments made by this section become effective on the date
of the enactment of this Act and shall apply to convictions of persons
occurring after such date.
SEC. 2334. (a) Section 1153(b)(3) of the Social Security Act is
amended by inserting "(A)" after "(3)" and by adding at the end thereof
the following new subparagraph:
"(B) For purposes of subparagraph (A), an entity shall not be
considered to be affiliated with a health care facility or association
of facilities by reason of management, ownership, or common control if
the management, ownership, or common control consists only of not more
than 20 percent of the members of the governing board of the entity
being affiliated (through management, ownership, or common control) with
one or more of such facilities or associations,".
(b) Section 1153(b)(2)(A) of such Act is amended --
(1) striking out "an entity which directly" and inserting in
lieu thereof "an entity (other than a self-insured employer) which
directly"; and
(2) by adding at the end thereof the following new sentence:
"For purposes of this paragraph, an entity shall not be considered
to be affiliated with another entity which makes payments
(directly or indirectly) to any practitioner or provider, by
reason of management, ownership, or common control, if the
management, ownership, or common control consists only of one
individual member of the governing board being affiliated (through
management, ownership, or common control) with a health
maintenance organization or competitive medical plan which is an
'eligible organization' as defined in section 1876(b).".
(c) The amendments made by this section shall become effective on the
date of the enactment of this Act.
SEC. 2335. (a) Section 1814(a) of the Social Security Act is amended
--
(1) in paragraph (2), by striking out subparagraph (B) and
redesignating subparagraphs (C), (D), and (E) as subparagraphs
(B), (C), and (D), respectively;
(2) in paragraph (3), by striking out "and inpatient
tuberculosis hospital services";
(3) by striking out paragraph (5) and redesignating paragraphs
(6), (7), and (8) as paragraphs (5), (6), (7), respectively; and
(4) in the matter following paragraph (7) (as so redesignated),
by striking out "(D), or (E)" and inserting in lieu thereof "or
(D)".
(b)(1) Subsections (d) and (g) of section 1861 of such Act are
repealed.
(2) The fifth sentence of section 1861(e) of such Act is amended by
striking out "or tuberculosis unless it is a tuberculosis hospital (as
defined in subsection (g)) or ".
(3) Section 1861(j) of such Act is amended in the matter following
paragraph (15) by striking out "or tuberculosis".
(c) Section 1863 of such Act is amended by striking out "(g)(4),".
(d) Section 1866 of such Act is amended --
(1) in subsection (b)(3), by striking out "tuberculosis
hospital services and"; and
(2) in subsection (d), by striking out "inpatient tuberculosis
hospital services and".
(e) Section 1902(a)(28) of such Act is amended by striking out "and
tuberculosis".
(f) Section 1905(a) of such Act is amended by striking out
"tuberculosis or" each place it appears in paragraphs (1), (4)(A), (14),
and (15) and in the subdivision (B) after paragraph (18).
(g) The amendments made by this section shall become effective on the
date of enactment of this Act.
SEC. 2336. (a) Sections 1814(a) and 1835(a) of the Social Security
Act are each amended by adding at the end the following new sentence:
"For purposes of the preceding sentence, service by a physician as an
uncompensated officer or director of a home health agency shall not
constitute having a significant ownership interest in, or a significant
financial or contractual relationship with, such agency.".
(b) The third sentence of section 1814(a) of the Social Security Act
and the fourth sentence of section 1835(a) of such Act are each amended
by inserting before the period at the end the following: ", except that
such prohibition shall not apply with respect to a home health agency
which is a sole community home health agency (as determined by the
Secretary)".
(c)(1) The amendments made by subsection (a) shall apply to
certifications and plans of care made or established on or after the
date of the enactment of this Act.
(2) The Secretary shall provide, not later than 90 days after the
date of the enactment of this Act, for such revision of regulations as
may be required to reflect the amendments made by subsection (b).
SEC. 2337. (a) Section 1817(a) of the Social Security Act is amended
--
(1) by striking out "monthly on the first day of each calendar
month" in the next to last sentence and inserting in lieu thereof
"from time to time",
(2) by striking out "to be paid to or deposited into the
Treasury during such month" in such sentence and inserting in lieu
thereof "paid to or deposited into the Treasury", and
(3) by striking out the last sentence.
(b) The amendments made by subsection (a) shall become effective on
the first day of the month following the month in which this Act is
enacted.
SEC. 2338. (a) The second sentence of section 1839(b) of the Social
Security Act is amended by adding before the period at the end the
following: ", but there shall not be taken into account months in which
the individual has met the conditions specified in clauses (i) and (iii)
of section 1862(b)(3)(A) and can demonstrate that the individual was
enrolled in a group health plan described in clause (iv) of such section
by reason of the individual's (or the individual's spouse's) current
employment".
(b) Section 1837 of such Act is amended by adding at the end the
following new subsection:
"(i)(1) In the case of an individual who --
"(A) meets the conditions described in clauses (i) and (iii) of
section 1862(b)(3)(A),
"(B) at the time the individual first satisfies paragraph (1)
or (2) of section 1836, is enrolled in a group health plan
described in section 1862(b)(3)(A)(iv) by reason of the
individual's (or the individual's spouse's) current employment,
and
"(C) has elected not to enroll (or to be deemed enrolled) under
this section during the individual's initial enrollment period,
shall be a special enrollment period described in paragraph (3).
"(2) In the case of an individual who --
"(A) meets the conditions described in clauses (i) and (iii) of
section 1862(b)(3)(A),
"(B) has enrolled (or has been deemed to have enrolled) in the
medical insurance program established under this part during the
individual's initial enrollment period and any subsequent special
enrollment period under this subsection during which the
individual was not enrolled in a group health plan described in
section 1862(b)(3)(A)(iv) by reason of the individual's (or
individual's spouse's) current employment, and
"(C) has not terminated enrollment under this section at any
time at which the individual is not enrolled in such a group
health plan by reason of the individual's (or individual's
spouse's) current employment,
there shall be a special enrollment period described in paragraph
(3).
"(3) The special enrollment period referred to in paragraphs (1) and
(2) is the period --
"(A) beginning with the first day of the third month before the
month in which the individual attains the age of 70 and ending
seven months later, or
"(B) beginning with the first day of the first month in which
the individual is no longer enrolled in a group health plan
described in section 1862(b)(3)(A)(iv) by reason of current
employment and ending seven months later,
whichever period results in earlier coverage.".
(c) Section 1838 of such Act is amended by adding at the end the
following new subsection:
"(e) Notwithstanding subsection (a), in the case of an individual who
enrolls during a special enrollment period pursuant to --
"(1) subparagraph (A) of section 1837(i)(3) --
"(A) before the month in which he attains the age of 70, the
coverage period shall begin on the first day of the month in which
he has attained the age of 70, or
"(B) in or after the month in which he attains the age of 70,
the coverage period shall begin on the first day of the month
following the month in which he so enrolls; or
"(2) subparagraph (B) of section 1837(i)(3) --
"(A) in the first month of the special enrollment period, the
coverage period shall begin on the first day of such month, or
"(B) in a month after the first month of the special enrollment
period, the coverage period shall begin on the first day of the
month following the month in which he so enrolls.".
(d)(1) The amendment made by subsection (a) shall apply to months
beginning with January 1983 for premiums for months beginning with the
first month which begins more than 30 days after the date of the
enactment of this Act.
(2)(A) The amendments made by subsections (b) and (c) shall apply to
enrollments in months beginning with the first effective month, except
that in the case of any individual who would have had a special
enrollment period under section 1837(i) of the Social Security Act that
would have begun before such first effective month, such period shall be
deemed to begin with the first day of such first effective month.
(B) For purposes of subparagraph (A), the term "first effective
month" means the first month which begins more than 90 days after the
date of the enactment of this Act.
SEC. 2339. (a) The first sentence of section 1842(b)(6) of the
Social Security Act, as redesignated by section 2306 of this title, is
amended --
(1) by inserting "(i)" after "(A)",
(2) by striking out "(B)" and inserting in lieu thereof "(ii)",
and
(3) by inserting before the period the following: ", or (B) to
an entity (i) which provides coverage of the services under a
health benefits plan, but only to the extent that payment is not
made under this part, (ii) which has paid the person who provided
the service an amount (including the amount payable under this
part) which that person has accepted as payment in full for the
service, and (iii) to which the individual has agreed in writing
that payment may be made under this part".
(b) The second sentence of such section is amended by striking out
"or (B)".
SEC. 2340. (a) Section 1861(f) of the Social Security Act is amended
--
(1) by adding "and" at the end of paragraph (3);
(2) by striking out "; and" at the end of paragraph (4) and
inserting in lieu thereof a period;
(3) by striking out paragraph (5); and
(4) in the second sentence, by striking out "if the institution
is accredited" and all that follows through "Secretary".
(b) Section 1905(h)(1)(A) of such Act is amended to read as follows:
"(A) inpatient services which are provided in an institution
(or distinct part thereof) which is a psychiatric hospital as
defined in section 1861(f);".
(c) The amendments made by this section shall become effective on the
date of the enactment of this Act.
SEC. 2341. (a) Section 1861(p)(1) of the Social Security Act is
amended by striking out "section 1861(r)(1)" and inserting in lieu
thereof "paragraph (1) or (3) of section 1861(r)".
(b) Section 1832(a)(2)(F)(ii) of such Act is amended by striking out
"section 1861(r)(1)" and inserting in lieu thereof "paragraph (1), (2),
or (3) of section 1861(r)".
(c) Section 1861(r)(3) of such Act is amended --
(1) by striking out "and (m)" the first place it appears and
inserting in lieu thereof ", (m), and (p)(1)", and
(2) by inserting ", 1832(a)(2)(F)(ii)," after "1814(a)" the
first place it appears.
(d) The amendments made by this section apply to services furnished
on or after the date of the enactment of this Act.
SEC. 2342. (a) Section 1861(p)(2) of the Social Security Act is
amended by striking out ", and is periodically reviewed, by a physician
(as so defined)" and inserting in lieu thereof "by a physician (as so
defined) or by a qualified physical therapist and is periodically
reviewed by a physician (as so defined)".
(b) Section 1835(a)(2)(C)(ii) of such Act is amended by striking out
", and is periodically reviewed, by a physician" and inserting in lieu
thereof "by a physician or by the qualified physical therapist providing
such services and is periodically reviewed by a physician".
(c) The amendments made by this section apply to plans of care
established on or after the date of the enactment of this Act.
SEC. 2343. (a) Section 1861(dd)(2)(A)(ii)(I) of the Social Security
Act is amended by inserting "except as otherwise provided in paragraph
(5)," before "and" at the end thereof.
(b) Section 1861(dd) of such Act is amended by adding at the end
thereof the following new paragraph:
(5)(A) The Secretary may waive the requirements of paragraph (2)(A)(
ii)(I) for an agency or organization with respect to all or part of the
nursing care described in paragraph (1)(A) if such agency or
organization --
"(i) is located in an area which is not an urbanized area (as
defined by the Bureau of the Census);
(ii) was in operation on or before January 1, 1983; and
"(iii) has demonstrated a good faith effort (as determined by
the Secretary) to hire a sufficient number of nurses to provide
such nursing care directly.
"(B) Any waiver, which is in such form and containing such
information as the Secretary may require and which is requested by an
agency or organization under subparagraph (A), shall be deemed to be
granted unless such request is denied by the Secretary within 60 days
after the date such request is received by the Secretary. The granting
of a waiver under subparagraph (A) shall not preclude the granting of
any subsequent waiver request should such a waiver again become
necessary.".
(c) The amendments made by subsections (a) and (b) shall become
effective on the date of the enactment of this Act.
(d) The Secretary of Health and Human Services shall conduct a study
of the necessity and appropriateness of the requirements that certain
"core" services be furnished directly by a hospice, as required under
section 1861(dd)(2)(A)(ii)(I) of the Social Security Act. The Secretary
shall report the results of such study of the Congress with the report
required under section 122(i)(1) of the Tax Equity and Fiscal
Responsibility Act of 1982.
SEC. 2344. (a) Section 1862(b)(1) of the Social Security Act is
amended --
(1) in the first sentence, by inserting "promptly" after "to be
made";
(2) in the second sentence, by inserting "or could be" after
"has been"; and
(3) by inserting after the second sentence the following new
sentences: "In order to recover payment made under this title for
an item or service, the United States may bring an action against
any entity which would be responsible for payment with respect to
such item or serivce (or any portion thereof) under such a law,
policy, plan, or insurance, or against any entity (including any
physician or provider) which has been paid with respect to such
item or service under such law, policy, plan, or insurance, and
may join or intervene in any action related to the events that
gave rise to the need for such item or service. The United States
shall be subrogated (to the extent of payment made under this
title for an item or service) to any right of an individual or any
other entity to payment with respect to such item or service under
such a law, policy, plan, or insurance.".
(b) Section 1862(b)(2)(B) of such Act is amended --
(1) in the first sentence, by inserting "or could be" after
"has been"; and
(2) by inserting after the first sentence the following new
sentences: "In order to recover payment made under this title for
an item or service, the United States may bring an action against
any entity which would be responsible for payment with respect to
such item or service (or any portion thereof) under such a plan,
or against any entity (including any physician or provider) which
has been paid with respect to such item or service under such
plan, and may join or intervene in any action related to the
events that gave rise to the need for such item or service. The
United States shall be subrogated (to the extent of payment made
under this title for an item or service) to any right of an
individual or any other entity to payment with respect to such
item or service under such a plan.".
(c) Section 1862(b)(3)(A)(ii) of such Act is amended --
(1) in the first sentence, by inserting "or could be" after
"has been"; and
(2) by inserting after the first sentence the following new
sentences: "In order to recover payment made under this title for
an item or service, the United States may bring an action against
any entity which would be responsible for payment with respect to
item or service (or any portion thereof) under such a plan, or
against any entity (including any physician or provider) which has
been paid with respect to such item or service under such plan,
and may join or intervene in any action related to the events that
gave rise to the need for such item or service. The United States
shall be subrogated (to the extent of payment made under this
title for an item or service) to any right of an individual or any
other entity to payment with respect to such item or service under
such a plan.".
(d) the amendments made by this section shall apply to items and
services furnished on or after the date of the enactment of this Act.
SEC. 2345. (a) Section 1865(a) of the Social Security Act is amended
--
(1) in paragraph (2), by striking out "(on a confidential
basis)"; and
(2) by adding at the end thereof the following new sentence:
"The Secretary may not disclose any accreditation survey made and
released to him by the Joint Commission on Accreditation of
Hospitals, the American Osteopathic Association, or any other
national accreditation body, of an entity accredited by such
body.".
(b) The amendments made by this section shall become effective on the
date of the enactment of this Act, and shall apply with respect to
surveys released to the Secretary on, before, or after such date.
SEC. 2346. (a) The third sentence of section 1865(a) of the Social
Security Act is amended --
(1) by striking out "section 1861(e), (j), (o), or (dd)" and
inserting in lieu thereof "section 1832(a)(2)(F)(i), 1861(e),
1861(f), 1861(j), 1861(o), 1816(p)(4)(A) or (B), paragraphs (11)
and (12) of section 1861(s), section 1861(aa)(2), 1861(cc)(2), or
1861(dd)(2)"; and
(2) by striking out "institution or agency" each place it
appears and inserting in lieu thereof in each instance "entity".
(b) The amendments made by this section shall become effective on the
date of the enactment of this Act.
SEC. 2347. (a)(1) Section 1866(a)(1)(F) of the Social Security Act
is amended by striking out "maintain an agreeement" and all that follows
through "under which the organization", and inserting in lieu thereof
"maintain an agreement with a professional standards review organization
(if there is such an organization in existence in the area in which the
hospital is located) or with a utilization and quality control peer
review organization which has a contract with the Secretary under part B
of title XI for the area in which the hospital is located, under which
the organization".
(2) Section 602(1)(1) of the Social Security Amendments of 1983 is
repealed.
(b) Notwithstanding section 604(a)(2) of the Social Security
Amendments of 1983, the requirement that a hospital maintain an
agreement with a utilization and quality control peer review
organization, as contained in section 1866(a)(1)(F) of the Social
Security Act, shall become effective on November 15, 1984.
(c)(1) Section 1153(b)(2)(A) of the Social Security Act is amended by
striking out "During the first twelve months in which the Secretary is
entering into contracts under this section" and inserting in lieu
thereof "Prior to November 15, 1984".
(2) Section 1153(b)(2)(B) of such Act is amended by striking out
"after the expiration of the twelve-month period referred to in
subparagraph (A)" and inserting in lieu thereof "after November 14,
1984".
(3) Section 1153(b)(2) of such Act is amended by striking out
subparagraph (C).
(d) The provisions of, and amendments made by, this section shall
become effective on the date of the enactment of this Act.
SEC. 2348. (a) Section 1866(b)(4)(B) of the Social Security Act is
amended by striking out "after the calendar year in which such
termination is effective" and inserting in lieu thereof "more than 30
days after such effective date".
(b) The amendment made by this section shall apply to termination
issued on or after the date of the enactment of this Act.
SEC. 2349. (a) Section 1867 of the Social Security Act is repealed.
(b)(1) The first sentence of section 1863 of such Act is amended by
striking out "the Health Insurance Benefits Advisory Council established
by section 1867, appropriate State agencies," and inserting in lieu
thereof "appropriate State agencies".
(2) The first sentence of section 7(d)(4) of the Railroad Retirement
Act of 1974 is amended by striking out "1867,".
(3) Section 361 of the Social Security Amendments of 1977 (Public Law
95-216) is amended by striking out subsection (i).
(c) The amendments made by this section shall become effective on the
date of the enactment of this Act.
SEC. 2350. (a)(1) Section 1876(c)(3)(A) of the Social Security Act
is amended --
(A) by inserting "(i)" after "(3)(A)",
(B) by inserting "and including the 30-day period specified
under clause (ii)" after "30 days duration every year", and
(C) by adding at the end thereof the following new clause:
"(ii) For each area served by more than one eligible organization
under this section, the Secretary (after consultation with such
organizations) shall establish a single 30-day period each year during
which all eligible organizations serving the area must provide for open
enrollment under this section. The Secretary shall determine annual per
capita rates under subsection (a)(1)(A) in a manner that assures that
individuals enrolling during such a 30-day period will not have premium
charges increased or any additional benefits decreased for 12 months
beginning on the date the individual's enrollment becomes effective. An
eligible organization may provide for such other open enrollment period
or periods as it deems approprite consistent with this section.".
(2) The Secretary of Health and Human Services may phase in, over a
period of not longer than three years, the application of the amendments
made by paragraph (1) to all applicable areas in the United States if
the Secretary determines that it is not administratively feasible to
establish a single 30-day open enrollment period for all such applicable
areas before the end of the period.
(b)(1) The first sentence of section 1876(g)(2) of such Act is
amended by inserting before the period at the end thereof the following:
"and except that an organization (with the approval of the Secretary)
may provide that a part of the value of such additional benefits be
withheld and reserved by the Secretary as provided in paragraph (5)".
(2) Section 1876(g) of such Act is amended by adding at the end
thereof the following new paragraph:
"(5) An organization having a risk-sharing contract under this
section may (with the approval of the Secretary and during a period of
not longer than four years) provide that a part of the value of
additional benefits otherwise required to be provided by reason of
paragraph (2) be withheld and reserved in the Federal Hospital Insurance
Trust Fund and in the Federal Supplementary Medical Insurance Trust Fund
(in such proportions as the Secretary determines to be appropriate) by
the Secretary for subsequent annual contract periods, to the extent
required to stabilize and prevent undue fluctuations in the additional
benefits offered in those subsequent periods by the organization in
accordance with paragraph (3). Any of such value of additional benefits
which is not provided to members of the organization in accordance with
paragraph (3) prior to the end of such period, shall revert for the use
of such trust funds.".
(3) The Secretary of Health and Human Services may not approve the
establishment of a stabilization fund by an eligible organization under
section 1876(g)(5) of the Social Security Act for any contract period
beginning later than four years after the date of the enactment of this
Act.
(4) The Secretary of Health and Human Services shall report to the
Congress with respect to the use of stabilization funds by eligible
organizations under section 1876(g)(5) of the Social Security Act, and
shall assess the need for such funds. The report shall be submitted not
later than 54 months after the month in which this Act is enacted.
(c) Section 1876(g)(4)(A) of such Act is amended --
(1) by inserting "and skilled nursing facilities" after
"hospitals";
(2) by inserting "or other appropriate basis for payment
established under this title" after "section 1861(v))"; and
(3) by striking out "hospital".
(d) The amendments made by this section shall become effective on the
date of the enactment of this Act.
SEC. 2351. (a)(1) The third sentence of section 1878(f)(1) of the
Social Security Act is amended by striking out "such determination is
rendered" and inserting in lieu thereof "notification of such
determination is received".
(2) The amendment made by paragraph (1) shall be effective with
respect to any civil action commenced on or after the date of the
enactment of this Act.
(b)(1) The last sentence of section 1878(f)t1) of such Act is ameded
by inserting "or which have obtained a hearing under subsection (b)"
after "common ownership or control".
(2) The amendment made by paragraph (1) shall be effective with
respect to any appeal or action brought on or after the date of the
enactment of this Act.
(c) Notwithstanding section 604 of the Social Security Amendments of
1983 (Public Law 98-21) --
(1) the amendments made by section 602(h)(2)(A) of that Act
shall be effective with respect to any appeal or action brought on
or after April 20, 1983; and
(2) the amendments made by section 602(h)(2)(B) of that Act
shall be effective with respect to any appeal or action brought on
or after the date of the enactment of this Act.
SEC. 2352. (a) Section 1881(c)(3) of the Social Security Act is
amended by adding at the end thereof the following new sentence: "If
the Secretary determines that the facility's or provider's failure to
cooperate with network plans and goals does not jeopardize patient
health or safety or justify termination of certification, he may
instead, after reasonable notice to the provider or facility and to the
public, impose such other sanctions as he determines to be appropriate,
which sanctions may include denial of reimbursement with respect to some
or all patients admitted to the facility after the date of notice to the
facility or provider, and graduated reduction in reimbursement for all
patients.".
(b) The amendment made by this section shall apply to determinations
made by the Secretary on or after the date of the enactment of this Act.
SEC. 2353. (a) The Secretary of Health and Human Services shall
carry out a study and report to the Congress on the modifications
required in section 1884 of the Social Security Act in order to conform
the closure and conversion program authorized in that section to the
prospective payment system under section 1886(d) of such Act, so as to
provide assistance to hospitals which may have particular problems in
converting facilities (or part thereof) from acute care to less
intensive care or in closing facilities (or parts thereof). The report
shall include recommendations as to how, and whether, implementation of
section 1884 as modified may result in reductions in total hospital
inpatient costs and total expenditures under title XVIII of the Social
Security Act. The Secretary shall submit the report prior to March 31,
1985.
(b) During the period prior to March 31, 1985, and notwithstanding
section 2101(c) of the Omnibus Budget Reconciliation Act of 1981 (Public
Law 97-35), the Secretary shall not implement section 1884 of the Social
Security Act.
SEC. 2354. (a)(1) Section 1122(b) of the Social Security Act is
amended --
(A) by striking out the period at the end of paragraph (1) and
inserting in lieu thereof a comma, and
(B) by striking out "(or the Mental Retardation Facilities and
Community Mental Health Centers Construction Act of 1963)".
(2) Section 1122(i)(3) of such Act is amended by striking out "5703(
b)" and inserting in lieu thereof "5703".
(3) Section 1128A(g) of such Act is amended by striking out
"Professional Standards Review Organization" and inserting in lieu
thereof "utilization and quality control peer review organization".
(4) Section 1129(a) of such Act is amended by striking out "Sate" and
inserting in lieu there of "State".
(5) The heading of title XI of such Act is amended by striking out
"PROFESSIONAL STANDARDS REVIEW" and inserting in lieu thereof "PEER
REVIEW".
(b)(1) The last sentence of sections 1814(a) of such Act and the
sentence of section 1835(a) of such Act are each amended by striking out
"contractural" and inserting in lieu thereof "contractual".
(2) Sections 1817(c) and 1814(c) of such Act are each amended by
striking out "under the Second Liberty Bond Act, as amended" and
inserting in lieu thereof "under chapter 31 of title 31, United States
Code".
(3) Section 1818(c)(1) of such Act is amended by striking out "Act"
and inserting in lieu thereof "section".
(4) Section 1818(d)(2) of such Act is amended by striking out "if
midway between multiples of $1" and inserting in lieu thereof ", of a
multiple of 50 cents but not a multiple of $1,".
(5) Section 1833(a)(2) of such Act is amended by indenting
subparagraphs (A) and (B) two additional ems so as to align their left
margins with the left margin of subparagraph (C) and by appropriately
further indenting the clauses and subclauses of such subparagraphs.
(6) Section 1832(a)(2)(F)(ii)(II) of such Act is amended by striking
out "Organization" and inserting in lieu thereof "organization".
(7) Section 1833(a)(1) of such Act is amended by striking out "and"
at the end thereof.
(8) Section 1835(a)(2) of such Act is amended --
(A) by striking out "and" at the end of subparagraphs (B) and
(C), and
(B) by indenting subparagraph (D) two additional ems so as to
align its left margin with the left margin of subparagraph (C)
(9) Section 1835(e) of such Act is amended --
(A) by inserting "(i) in paragraph (2) after "written
assurances that",
(B) by striking out "(B)" in paragraph (2) and inserting in
lieu thereof "(ii)",
(C) by striking out "(B)" in paragraph (2) and inserting in
lieu thereof "(ii)",
(C) by striking out "return for" in paragraph (2) and inserting
in lieu thereof "return of", and
(D) by striking out "(1) such hospital" and "(2) the Secretary"
and inserting in lieu thereof "(A) such hospital" and "(B) the
Secretary," respectively.
(10) Section 1837(g)(1) of such Act is amended by striking out
"section 226(a)(2)(B)" and "section 1839(e)" and inserting in lieu
thereof "section 226(b)" and "section 1839(d)", respectively.
(11) Sections 1840(d)(1), 1840(d)(2), and 1841(h) of such Act are
each amended by striking out "Civil Service Commission" and inserting in
lieu thereof "Director of Office of Personnel Management" each place it
appears.
(12) Section 1841(h) of such Act is amended by striking out "it" and
inserting in lieu thereof "the Director".
(13) Section 1842(b)(3)(B((ii)(II) of such Act is amended by striking
out the period following "title".
(14) The seventh sentence of section 1842(b)(3) of such Act is
amended by striking out "(i)" and "(ii)" and inserting in lieu thereof
"(I)" and "(II)", respectively.
(15) Section 1843(d)(3)(B) of such Act is amended by striking out
"1937" and inserting in lieu thereof "1974".
(16) Section 1844(a)(1)(B)(ii) of such Act is amended by striking out
the period and inserting in lieu thereof "; plus".
(17) Sections 1864(c) and 1875(b) of such Act are each amended by
striking out "the" after "Joint Commission on".
(18) Section 1861(j)(2) of such Act is amended by striking out
"provision of" and inserting in lieu thereof "provision for".
(19) Section 1861(j)(13) of such Act is amended by striking out "a
nursing home" and inserting in lieu thereof "an instutition".
(20) Section 1861(u) of such Act is amended by striking out "or"
before "home health agency".
(21) Section 1861(v)(1) of such Act is amended --
(A) by redesignating the clause (B) in subparagraph (A) as
subparagraph (B) and by indenting the first line of such
subparagraph 2 spaces;
(B) by aligning subparagraphs (C) and (D) flush with the left
margin (but with appropriate indentation in the case of the
clauses and subclauses of subparagraph (C)); and
(C) by inserting a comma after "section 1832(a)(2)(B)(i)" in
subparagraph (D).
(22) Section 1861(v)(1)(C)(i) of such Act is amended by inserting a
dash after "but only if".
(23) Section 1861(v)(1)(E)(ii) of such Act is amended by striking out
"uses" and inserting in lieu thereof "use".
(24) Section 1861(v)(1)(I) of such Act is amended by striking out "to
the Secretary, or upon request to the Comptroller General" in clauses
(i) and (ii) and inserting in lieu thereof "by the Secretary, or upon
request by the Comptroller General".
(25) Section 1861(v)(3) of such Act is amended by striking out
"semiprivate" and inserting in lieu thereof "semi-private".
(26) Section 1861(z)(2) of such Act is amended by striking out
"subparagraph (1)" and inserting in lieu thereof "paragraph (1)".
(27) Section 1861(aa)(2)(I) of such Act is amended by striking out
"ultilization" and inserting in lieu thereof "utilization".
(28) Section 1861(cc)(1)(F) of such Act is amended by striking out
"self administered" and inserting in lieu thereof "self-administered".
(29) Section 1861(cc)(2)(F) of such Act is amended by striking out
"standard establishment" and inserting in lieu thereof "standards
established".
(30) Section 1862(a)(12) of such Act is amended by striking out the
second comma after "dental procedure".
(31) Section 1862(b)(3)(A)(iii) of such Act is amended by inserting
"before the month" after "ending with the month".
(32) Section 1863 of such Act is amended by striking out "(j)(11)"
and inserting in lieu thereof "(j)(15)".
(33) Section 1866(a)(1)(E) of such Act is amended by adding at the
end a comma.
(34) Section 1866(b) of such Act is amended by moving the alignment
of paragraph (3) two ems to the left so as to align its left margin with
the left margin of paragraph (4).
(35) Section 1869(b)(1)(B) of such Act is amended by striking out ",
or section 1818, or section 1819" and inserting in lieu thereof "or
section 1818".
(36) Section 1872 of such Act is amended --
(A) by striking out the comma after "206", and
(B) by striking out "(f),".
(37) Section 1876(b)(2)(D) of such Act is amended by striking out
"paragraph (1)" and inserting in lieu thereof "subparagraph (A)".
(38) Section 1876(c)(4)(A)(i) of such Act is amended by striking out
"promptly as appropriate" and inserting in lieu thereof "with reasonable
promptness".
(39) Section 1878(c) of such Act is amended by striking out
"inadmissable" and inserting in lieu thereof "inadmissible".
(40) Section 1878(e) of such Act is amended by striking out ",(e),
and (f)" and inserting in lieu thereof "and (e)".
(41) Section 1881 of such Act is amended by striking out "end-stage"
and inserting in lieu thereof "end stage" each place it appears.
(42) Section 1886(a)(2)(B) of such Act is amended by striking out
"disportionate" and inserting in lieu thereof "disproportionate".
(43) Section 1886(b)(3)(A)(ii) of such Act is amended by inserting
"of" after "in the case".
(44) Section 1886(d)(3)(D)(i)(I) of such Act is amended by striking
out "(C)", and inserting in lieu thereof "(C))".
(c)(1)(A) Section 903(a)(4) of Public Law 96-499 is amended by
striking out "new paragraph".
(B) Section 937(c) of Public Law 96-499 is amended by striking out
"on on" and inserting in lieu thereof "on or".
(2) Section 2353(h)(1) of Public Law 97-35 is amended by striking out
the comma after "XIX".
(3)(A) Section 114(c)(2)(C)(ii) of Public Law 97-248 is amended by
inserting "and enrolled under part B" after "part A".
(B) Section 114(c)(3)(E) of Public Law 97-248 is amended --
(i) by striking out "section 1833(a)(1) of the Social Security
Act or", and
(ii) by adding before the period at the end the following: ",
or reimbursement on a reasonable cost basis under section 1833(
a)(1)(A) of such Act".
(C) Section 149 of Public Law 97-248 is amended by striking out
"part" and inserting in lieu thereof "subtle".
(d) Section 162(i)(2) of the Internal Revenue Code of 1954 is amended
by striking out "213(e)" and inserting in lieu thereof "213( d)".
(e)(1) Except as provided in paragraph (2), the amendments made by
this section shall be effective on the date of the enactment of this
Act; but none of such amendments shall be construed as changing or
affecting any right, liability, status, or interpretation which existed
(under the provisions of law involved) before that date.
(2) The amendments made by paragraphs (1), (2), and (3) of subsection
(c) shall be effective as if they had been originally included in Public
Laws 96-499, 97-35, 97-248, respectively.
SEC. 2355. (a) In the case of a project described in subsection (b),
the Secretary of Health and Human Services shall approve, with
appropriate terms and conditions as defined by the Secretary,
applications or protocols submitted for waivers described in subsection
(c), and the evaluation of such protocols, in order to carry out such
project. Such approval shall be effected not later than 30 days after
the date on which the application or protocol for a waiver is submitted
or not later than 30 days after the date of the enactment of this Act in
the case of an application or protocol submitted before the date of the
enactment of this Act.
(b) A project referred to in subsection (a) is a project --
(1) to demonstrate the concept of a social health maintenance
organization with the organizations as described in Project No.
18-P-9 7604/1 -- 04 of the University Health Policy Consortium of
Brandeis University;
(2) which provides for the integration of health and social
services under the direct financial management of a provider of
services;
(3) under which all medicare services will be provided by or
under arrangements made by the organization at a fixed annual
prepaid capitation rate for medicare of 100 percent of the
adjusted average per capita cost;
(4) under which medicaid services will be provided at a rate
approved by the Secretary;
(5) under which all payors will share risk for no more than two
years, with the organization being at full risk in the third year;
(6) which is being provided funds under a grant provided by the
Secretary of Health and Human Services; and
(7) with respect to which substantial private funds are being
provided other than under the grant referred to in paragraph (5).
(c) The waivers referred to in subsection (a) are appropriate waivers
of --
(1) certain requirements of title XVIII of the Social Security
Act, pursuant to section 402(a) of the Social Security Amendments
of 1967 (as amended by section 222 of the Social Security
Amendments of 1972); and
(2) certain requirements of title XIX of the Social Security
Act, pursuant to section 1115 of such Act.
(d)(1) The Secretary of Health and Human Services shall submit a
preliminary report to the Congress on the status of the projects and
waivers referred to in subsection (a) 45 days after the date of the
enactment of this Act.
(2) The Secretary shall submit a final report to the Congress on the
projects referred to in subsection (a) not later than 42 months after
the date of the enactment of this Act.
SEC. 2361. (a) Clause (i) of section 1902(a)(10)(A) of the Social
Security Act is amended to read as follows:
"(i) all individuals --
"(I) who are receiving aid or assistance under any plan of the
State approved under title I, X, XIV, or XVI, or part A or part E
of title IV (including individuals eligible under this title by
reason of section 402(a)(37), or considered by the State to be
receiving such aid as authorized under section 414(g)),
"(II) with respect to whom supplemental security income
benefits are being paid under title XVI, or
"(III) who are qualified pregnant women or children as defined
in section 1905(n);".
(b) Section 1905 of such Act is amended by adding at the end hereof
the following new subsection:
"(n) The term 'qualified pregnant woman or child' means --
"(I) a pregnant woman who --
"(A) would be eligible for aid to families with dependent
children under part A of title IV (or would be eligible for such
aid if coverage under the State plan under part A of title IV
included aid to families with dependent children of unemployed
parents pursuant to section 407) if her child had been born and
was living with her in the month such aid would be paid, and such
pregnancy has been medically verified; or
"(B) is a member of a family which would be eligible for aid
under the State plan under part A of title IV pursuant to section
407 if the plan required the payment of aid pursuant to such
section; and
"(2) a child who is under 5 years of age, who was born after
September 30, 1983, and who meets the income and resources
requirements of the State plan under part A of title IV.".
(c) Section 406(g) of such Act is amended by striking out "(1)" after
"(g)", by striking out paragraph (2), and by redesignating subparagraphs
(A) and (B) as paragraphs (1) and (2).
(d)(1) Except as provided in paragraph (2), the amendments made by
this section shall apply to calendar quarters beginning on or after
October 1, 1984, without regard to whether or not final regulations to
carry out such amendments have been promulgated by such date.
(2) In the case of a State plan for medical assistance under title
XIX of the Social Security Act which the Secretary of Health and Human
Services determines require State legislation in order for the plan to
meet the additional requirements imposed by the amendments made by this
section, the State plan shall not be regarded as failing to comply with
the requirements of such title solely on the basis of its failure to
meet these additional requirements before the first day of the first
calendar quarter beginning after the close of the first regular session
of the State legislature that begins after the date of the enactment of
this Act.
SEC. 2362. (a) Section 1902(e) of the Social Security Act is amended
by adding at the end the following new paragraph:
"(4) A child born to a woman eligible for and receiving medical
assistance under a State plan on the date of the child's birth shall be
deemed to have applied for medical assistance and to have been found
eligible for such assistance under such plan on the date of such birth
and to remain eligible for such assistance for a period of one year so
long as the child is a member of the woman's household and the woman
remains eligible for such assistance.".
(b) The amendment made by subsection (a) shall apply to children born
on or after October 1, 1984.
SEC. 2363. (a)(1) Section 1902(a) of the Social Security Act, as
amended by section 2303(g) of this title, is amended --
(A) in paragraph (30) --
(i) by inserting "(A)" after "(30)", and
(ii) by adding at the end the following new subparagraph:
"(B) provide, under the program described in subparagraph (A),
that --
"(i) each admission to a hospital, skilled nursing facility,
intermediate care facility, or hospital for mental diseases is
reviewed or screened in accordance with criteria established by
medical and other professional personnel who are not themselves
directly responsible for the care of the patient involved, and who
do not have a significant financial interest in any such
institution and are not, except in the case of a hospital,
employed by the institution providing the care involved, and
"(ii) the information developed from such review or screening,
along with the data obtained from prior reviews of the necessity
for admission and continued stay of patients by such professional
personnel, shall be used as the basis for establishing the size
and composition of the sample of admissions to be subject to
review and evaluation by such personnel, and any such sample may
be of any size up to 100 percent of all admissions and must be of
sufficient size to serve the purpose of (I) identifying the
patterns of care being provided and the changes occurring over
time in such patterns so that the need for modification may be
ascertained, and (II) subjecting admissions to early or more
extensive review where information indicates that such
consideration is warranted to a hospital, skilled nursing
facility, intermediate care facility, or hospital for mental
diseases;"; and
(B) by striking out "and" at the end of paragraph (42), by striking
out the period at the end of paragraph (43) and inserting in lieu
thereof "; and", and by inserting after paragraph (43) the following
new paragraph:
"(44) in each case for which payment for inpatient hospital services,
skilled nursing facility services, intermediate care facility services,
or inpatient mental hospital services is made under the State plan --
"(A) a physician certifies at the time of admission, or if
later, the time individual applies for medical assistance under
the State plan (and the physician, or a physician assistant or
nurse practitioner under the supervision of a physician,
recertifies, where such services are furnished over a period of
time, in such cases, at least as often as required under section
1903(g)(6) (or, in the case of services that are intermediate care
facility services provided in an institution for the mentally
retarded, every year), and accompanied by such supporting
material, appropriate to the case involved, as may be provided in
regulations of the Secretary), that such services are or were
required to be given on an inpatient basis because the individual
needs or needed such services, and
"(B) such services were furnished under a plan established and
periodically reviewed and evaluated by a physician.".
(2) Section 1903(g)(1) of such Act is amended --
(A) in the matter preceding subparagraph (A), by striking out
"care as an inpatient" and all that follows through "hospital for
mental diseases on" and inserting in lieu thereof "inpatient
hospital services or intermediate care facility services for 60
days, skilled nursing facility services for 30 days, or inpatient
mental hospital services for",
(B) in the matter before subparagraph (A), by striking out
"which for purposes of this section means the four calendar
quarters ending with June 30," and by striking out "in the same
fiscal year", and
(C) by striking out "(including tuberculosis hospitals)" and
all that follows through the end of subparagraph (D) and inserting
in lieu thereof ", skilled nursing facility services, or
intermediate care facility services furnished beyond 60 days (or
inpatient mental hospital services furnished beyond 90 days), such
State has an effective program of medical review of the care of
patients in mental hospitals, skilled nursing facilities, and
intermediate care facilities pursuant to paragraphs (26) and (31)
of section 1902(a) whereby the professional management of each
case is reviewed and evaluated at least annually by independent
professional review teams.".
(4) Section 1903(g) of such Act is further amended by striking out
paragraph (6) and inserting in lieu thereof the following:
"(6)(A) Recertifications required under section 1902(a)(44) shall be
conducted at least every 60 days in the case of inpatient hospital
services.
"(B) Such recertifications in the case of skilled nursing facility
services shall be conducted at least --
"(i) 30 days after the date of the initial certification,
"(ii) 60 days after the date of the initial certification,
"(iii) 90 days after the date of the initial certification, and
"(iv) every 60 days thereafter.
"(C) Such recertifications in the case of intermediate care facility
services shall be conducted at least --
"(i) 60 days after the date of the initial certification,
"(ii) 180 days after the date of the initial certification,
"(iii) 12 months after the date of the initial certification,
"(iv) 18 months after the date of the initial certification,
"(v) 24 months after the date of the initial certification, and
"(vi) every 12 months thereafter.
"(D) For purposes of determining compliance with the schedule
established by this paragraph, a recertification shall be considered to
have been done on a timely basis if it was performed not later than 10
days after the date the recertification was otherwise required and the
State establishes good cause why the physician or other person making
such recertification did not meet such schedule.".
(b) Section 1903 of such Act is further amended by adding at the end
the following new paragraph:
"(7) It is the duty and responsibility of the Secretary to assure
that standards which govern the provision of care in skilled nursing
facilities and intermediate care facilities under plans approved under
this title, and the enforcement of such standards, are adequate to
protect the health and safety of residents and to promote the effective
and efficient use of public moneys.".
(c) The amendments made by subsection (a) apply to calendar quarters
beginning on or after the date of the enactment of this Act, except
that, in the case of individuals admitted to skilled nursing facilities
before such date, the amendments made by such subsection shall not
require recertifications sooner or more frequently than were required
under the law in effect before such date.
SEC. 2364. Section 1903(m)(2) of the Social Security Act is amended
--
(1) by inserting "except as provided under subparagraph (F),"
in subparagraph (A)(vi) after "(I)", and
(2) by adding at the end the following new subparagraphs: "(E)
In the case of a health maintenance organization that --
"(i) is a nonprofit organization with at least 25,000 members,
"(ii) is and has been a qualified health maintenance
organization (as defined in section 1310(d) of the Public Health
Service Act) for a period of at least four years.
"(iii) provides basic health services through members of the
staff of the organization,
"(iv) is located in an area designated as medically underserved
under section 1302(7) of the Public Health Service Act, and
"(v) previously received a waiver of the requirement described
in subparagraph (A)(ii) under section 1115,
the Secretary may modify or waive the requirement described in
subparagraph (A)(ii) but only if the Secretary determines that special
circumstances warrant such modification or waiver and that the
organization has taken and is taking reasonable efforts to enroll
individuals who are not entitled to benefits under the State plan
approved under this title or under title XVIII.
"(F)(i) In the case of a contract with a health maintenance
organization described in clause (ii), a State plan may restrict the
period in which requests for termination of enrollment without cause
under subparagraph (A)(vi)(I) are permitted to the first month of each
period of enrollment, each such period of enrollment not to exceed six
months in duration, but only if the State provides notification, at
least twice per year, to individuals enrolled with such organization of
the right to terminate such enrollment and the restriction on the
exercise of this right. Such restriction shall not apply to requests
for termination of enrollment for cause.
"(ii) A health maintenance organization referred to in clause (i) is
an organization which --
"(I) is a qualified health maintenance organization (as defined
in section 1310(d) of the Public Health Service Act) or a health
maintenance organization which is receiving (and has received
during the previous two years) a grant of at least $100,000 under
section 329(d)(1)(A) or 330(d)(1) of the Public Health Service Act
or is receiving (and has received during the previous two years)
at least $100,000 (by grant, subgrant, or subcontract) under the
Appalachian Regional Development Act of 1965, and
"(II) meets the requirement of subparagraph (A)(ii).".
SEC. 2365. (a) Section 1108(c) of the Social Security Act is amended
to read as follows:
"(c) The total amount certified by the Secretary under title XIX with
respect to a fiscal year for payment to --
"(1) Puerto Rico shall not exceed $63,400,000;
"(2) the Virgin Islands shall not exceed $2,100,000;
"(3) Guam shall not exceed $2,000,000;
"(4) the Northern Mariana Islands shall not exceed $550,000;
and
"(5) American Samoa shall not exceed $1,150,000.".
(b) The amendment made by subsection (a) shall be effective for
fiscal years beginning on or after October 1, 1983.
SEC. 2366. The provisions of section 1902(a)(13) of the Social
Security Act, in so far as they require a reduction of the amount of
payment otherwise to be made to a public psychiatric hospital due to the
level of care received in such hospital, shall not apply to payments to
hospitals before July 1, 1985, and such a reduction made for payments
during the 12-month period ending June 30, 1986, and during the 12-month
period ending June 30, 1987, shall be one-third and two-thirds,
respectively, of the amount of the reduction which would have been made
without regard to this section.
SEC. 2367. (a) Section 1902(a) of the Social Security Act (as
amended by sections 2303 and 2363 of this title) is amended --
(1) by striking out "and" at the end of paragraph (43);
(2) by striking out the period at the end of paragraph (44) and
inserting in lieu thereof "; and"; and
(3) by inserting after paragraph (44) the following new
paragraph:
"(45) provide for mandatory assignment of rights of payment for
medical support and other medical care owed to recipients, in
accordance with section 1912.".
(b) Section 1912(a) of such Act is amended by striking out "State
plan for medical assistance may" and inserting in lieu thereof "State
plan for medical assistance shall".
(c)(1) Except as provided in paragraph (2), the amendments made by
this section shall become effective on October 1, 1984.
(2) In the case of a State plan for medical assistance under title
XIX of the Social Security Act which the Secretary of Health and Human
Services determines requires State legislation in order for the plan to
meet the additional requirement imposed by the amendments made by this
section, the State plan shall not be regarded as failing to comply with
the requirements of such title solely on the basis of its failure to
meet this additional requirement before the first day of the first
calendar quarter beginning after the close of the first regular session
of the State legislature that begins after the date of the enactment of
this Act.
SEC. 2368. (a) Section 1902(a)(31) of the Social Security Act is
amended to read as follows:
"(31) with respect to skilled nursing facility services (and
with respect to intermediate care facility services, where the
State plan includes medical assistance for such services) provide
--
"(A) with respect to each patient receiving such services, for
a written plan of care, prior to admission to or authorization of
benefits in such facility, in accordance with regulations of the
Secretary, and for a regular program of independent professional
review (including medical evaluation) which shall periodically
review his need for such services;
"(B) with respect to each skilled nursing or intermediate care
facility within the State, for periodic onsite inspections of the
care being provided to each person receiving medical assistance,
by one or more independent professional review teams (composed of
a physician or registered nurse and other appropriate health and
social service personnel), including with respect to each such
person (i) the adequacy of the services available to meet his
current health needs and promote his maximum physical well-being,
(ii) the necessity and desirability of his continued placement in
the facility, and (iii) the feasibility of meeting his health care
needs through alternative institutional or noninstitutional
services; and
"(C) for full reports to the State agency by each independent
professional review team of the findings of each inspection under
subparagraph (B), together with any recommendations;".
(b) Section 1902(a)(26) of such Act is amended to read as follows:
"(26) if the State plan includes medical assistance for
inpatient mental hospital services, provide --
"(A) with respect to each patient receiving such services, for
a regular program of medical review (including medical evaluation)
of his need for such services, and for a written plan of care;
"(B) for periodic inspections to be made in all mental
institutions within the State by one or more medical review teams
(composed of physicians and other appropriate health and social
service personnel) of the care being provided to each person
receiving medical assistance, including (i) the adequacy of the
services available to meet his current health needs and promote
his maximum physical well-being, (ii) the necessity and
desirability of his continued placement in the institution, and
(iii) the feasibility of meeting his health care needs through
alternative institutional or noninstitutional services; and
"(C) for full reports to the State agency by each medical
review team of the findings of each inspection under subparagraph
(B), together with any recommendations;".
(c) The amendments made by this section shall become effective on the
date of the enactment of this Act.
SEC. 2369. (a)(1) Section 1913(b)(1) of the Social Security Act is
amended by striking out "Payment" and inserting in lieu thereof "Except
as provided in paragraph (3), payment".
(2) Section 1913(b) of such Act is amended by adding at the end
thereof the following new paragraph:
"(3) Payment to all such hospitals, for any skilled nursing or
intermediate care facility services furnished pursuant to subsection
(a), may be made at a payment rate established by the State in
accordance with the requirements of section 1902(a)(13)(A).".
(b) The amendments made by this section shall apply to payments for
services furnished after the date of the enactment of this Act.
SEC. 2370. (a) Title XIX of the Social Security Act is amended by
adding at the end thereof the following new section:
"SEC. 1918. The provisions of subsections (d) and (e) of section 205
of this Act shall apply with respect to this title to the same extent as
they are applicable with respect to title II.".
(b) The amendment made by this section shall become effective on the
date of the enactment of this Act.
SEC. 2371. (a) Section 1905(a)(9) of the Social Security Act is
amended to read as follows:
"(9) clinic services furnished by or under the direction of a
physician, without regard to whether the clinic itself is
administered by a physician;".
(b) The amendment made by subsection (a) shall apply to services
furnished on or after the date of the enactment of this Act.
SEC. 2372. (a) Section 501(a) of the Social Security Act is amended
by striking out "$373,000,000 for fiscal year 1982 and for each fiscal
year thereafter" and inserting in lieu thereof "$478,000,000 for fiscal
year 1984 and each fiscal year thereafter".
(b) The amendment made by subsection (a) shall be effective for
fiscal years beginning on or after October 1, 1983.
SEC. 2373. (a)(1) Section 503(a) of the Social Security Act is
amended by striking out "section 203 of the Intergovernmental
Cooperation Act of 1968 (42 U.S.C. 4213)" and inserting in lieu thereof
"section 6503(a) of title 31, United States Code".
(2) Section 506(d)(3) of such Act is amended by striking out "section
202 of the Intergovernmental Cooperation Act of 1968 (42 U.S. C. 4212)"
and inserting in lieu thereof "section 6503(b) of title 31, United
States Code".
(b)(1) Section 1902(a)(9) of such Act is amended by indenting
subparagraph (C) two additional ems so as to align its left margin uith
the left margin of subparagraph (B).
(2) Section 1902(a)(10) of such Act is amended by indenting
subparagraph (A) (and each of its clauses and subclauses) two additional
ems so as to align its left margin (before clause (i)) with the left
margin of subparagraph (B).
(3) Section 1902(a)(13)(A) of such Act is amended by striking out
"(A)" and all that follows through "hospital" the first place it appears
and inserting in lieu thereof "(A) for payment (except where the State
agency is subject to an order under section 1914) of the hospital".
(4) Section 1902(a)(20)(B) of such Act is amended by striking out
"periodical" and inserting in lieu thereof "periodic".
(5) Section 1902(a)(20)(C) of such Act is amended by striking out ",
section 603(a)(1)(A)(i) and (ii),".
(6) Section 1902(a)(26)(B)(ii) of such Act is amended by striking out
"homes" and inserting in lieu thereof "facilities".
(7) Section 1902(a)(33)(A) of such Act is amended by striking out
"penultimate sentence" and inserting in lieu thereof "second sentence".
(8) Section 1902(a)(42)(B) of such Act is amended by striking out
"part" and inserting in lieu thereof "title".
(9) Section 1902(a) of such Act is amended by striking out "For
purposes of paragraphs (9)(A)" and all that follows through "do not
include" in the last sentence of the third to last paragraph and
inserting in lieu thereof "The provisions of paragraphs (9)(A), (31),
and (33) and of section 1903(i)(4) shall not apply to".
(10) Section 1902(f) of such Act is amended by striking out "clause
(10)(A)" and "clause (10)(C)" and inserting in lieu thereof "paragraph
(10)(A)" and "paragraph (10)(C)", respectively, each place each appears.
(11) Section 1903(g)(4)(B) of such Act is amended --
(A) by striking out "paragraph (26)" and inserting in lieu
thereof "paragraphs (26)", and
(B) by striking out "deligence" and inserting in lieu thereof
"diligence".
(12) Section 1903(m)(2)(B)(i) of such Act is amended --
(A) by striking out "(II)" before "for the period",
(B) by striking out "of such section" in subclause (II) and
inserting in lieu thereof "of section 1905(a)", and
(C) by striking out "peroid" and inserting in lieu thereof
"period".
(13) Section 1903(m)(2) of such Act is amended by aligning
subparagraph (C) flush with the left margin.
(14) Section 1903(s)(3)(B) of such Act is amended by striking out
"nonfederal" and inserting in lieu thereof "non-Federal".
(15) Section 1905(a)(4) of such Act is amended by inserting a
semicolon before "(B)".
(16) Section 1905(a)(17) of such Act is amended by striking out "he"
and inserting in lieu thereof "the nurse-midwife" each place it appears.
(17) The last sentence of section 1905(a) of such Act is amended by
striking out "clauses (vi)" and inserting in lieu thereof "clause (vi)",
and by striking out "well being" and inserting in lieu thereof
"well-being".
(18) The second sentence of section 1905(b) of such Act is amended by
striking out everything that follows "the provisions of" and inserting
in lieu thereof "section 1101(a)(8)(B).".
(19) Section 1905(d)(1) of such Act is amended by striking out "which
meet" and inserting in lieu thereof "the institution meets"
(20) Section 1905(m) of such Act is amended by striking out "he" each
place it appears and inserting in lieu thereof "the nurse".
(21) Section 1915(c)(1) of such Act is amended by striking out "under
this part" and inserting in lieu thereof "under this title"
(c)(1) The Secretary of Health and Human Services shall not take any
compliance, disallowance, penalty, or other regulatory action against a
State during the moratorium period described in paragraph (2) by reason
of such State's plan under title XIX of the Social Security Act being
determined to be in violation of section 1902(a)(10)(C)(i)(III) of such
Act on account of such plan's having a standard or methodology which the
Secretary interprets as being less restrictive than the standard or
methodology required under such section.
(2) The moratorium period is the period beginning on the date of the
enactment of this Act and ending 18 months after the date on which the
Secretary submits the report required under paragraph (3).
(3) The Secretary shall report to the Congress within 12 months after
the date of the enactment of this Act with respect to the
appropriateness, and impact on States and recipients of medical
assistance, of applying standards and methodologies utilized in cash
assistance programs to those recipients of medical assistance who do not
receive cash assistance, and any recommendations for changes in such
requirements.
(4) No provision of law shall repeal or suspend the moratorium
imposed by this subsection unless such provision specifically amends or
repeals this subsection.
SEC. 2381. (a) Section 609 of the Public Health Service Act is
amended to read as follows:
"SEC. 609. (a) If any facility with respect to which funds have been
paid under section 606 shall, at any time within 20 years after the
completion of construction or modernization --
"(1) be sold or transferred to any entry (A) which is not
qualified to file an application under section 605, or (B) which
is not approved as a transferee by the State agency designated
pursuant to section 604, or its successor, or
"(2) cease to be a public health center or a public or other
nonprofit hospital, outpatient facility, facility for long-term
care, or rehabilitation facility,
the United States shall be entitled to recover, whether from the
transferor or the transferee (or, in the case of a facility within has
ceased to be public or nonprofit, from the owners thereof) an amount
determined under subsection (c).
"(b) The transferor of a facility which is sold or transferred as
described in subsection (a)(1), or the owner of a facility the use of
which is changed as described in subsection (a)(2), shall provide the
Secretary written notice of such sale, transfer, or change not later
than the expiration of 10 days from the date on which such sale,
transfer, or change occurs.
"(c)(1) Except as provided in paragraph (2), the amount the United
States shall be entitled to recovery under subsection (a) is an amount
bearing the same ratio to the then value (as determined by the agreement
of the parties or in an action brought in the district court of the
United States for the district for which the facility involved is
situated) of so much of the facility as constituted an approved project
or projects as the amount of the Federal participation bore to the cost
of the construction or modernization of such project or projects.
"(2)(A) After the expiration of --
"(i) 180 days after the date of the sale, transfer, or change
of use for which a notice is required by subsection (b), in the
case of a facility which is sold or transferred or the use of
which changes after the date of the enactment of this subsection,
or
"(ii) thirty days after the date of the enactment of this
subsection or if later 180 days after the date of the sale,
transfer, or change of use for which a notice is required by
subsection (b), in the case of a facility which was sold or
transferred or the use of which changed before the date of the
enactment of this subsection.
the amount which the United States is entitled to recover under
paragraph (1) with respect to a facility shall be the amount prescribed
by paragraph (1) plus interest, during the period described in
subparagraph (B), at a rate (determined by the Secretary) based on the
average of the bond equivalent of the weekly ninety-day Treasury bill
auction rate.
"(B) The period referred to in subparagraph (A) is the period
beginning --
"(i) in the case of a facility which was sold or transferred or
the use of which changed before the date of the enactment of this
subsection, thirty days after such date or if later 180 days after
the date of the sale, transfer, or change of use for which a
notice is required by subsection (b).
"(ii) in the case of a facility with respect to which notice is
provided in accordance with subsection (b), upon the expiration of
180 days after the receipt of such notice, or
"(iii) in the case of a facility with respect to which such
notice is not provided as prescribed by subsection (b), on the
date of the sale, transfer, or change of use for which such notice
was to be provided,
and ending on the date the amount the United States is entitled to
under paragraph (1) is collected.
"(d)(1) The Secretary may waive the recovery rights of the United
States under subsection (a)(1) with respect to a facility in any State
if the Secretary determines, in accordance with regulations, that the
entity to which the facility was sold or transferred --
"(A) has established an irrevocable trust --
"(i) in an amount equal to the greater of twice the cost of the
remaining obligation of the facility under clause (2) of section
603(e) or the amount, determined under the subsection (c), that
the United States is entitled to recovery, and
"(ii) which will only be used by the entity to provide the care
required by clause (2) of section 603(e); and
"(B) will meet the obligation of the facility under clause (1)
of section 603(e).
"(2) The Secretary may waive the recovery rights of the United States
under subsection (a)(2) with respect to a facility in any State if the
Secretary determines, in accordance with regulations, that there is good
cause for waiving such rights with respect to such facility.
"(e) The right of recovery of the United States under subsection (a)
shall not constitute a lien on any facility with respect to which funds
have been paid under section 606.".
(b) Section 1622 of such Act is amended to read as follows:
"SEC. 1622. (a) If any facility with respect to which funds have
been paid under this title shall, at any time within 20 years after the
completion of construction or modernization --
"(1) be sold or transferred to any entity (A) which is not
qualified to file an application under section 1621 or 1642 or (B)
which is not approved as a transferee by the State Agency of the
State in which such facility is located, or its successor, or
"(2) cease to be a public health center or a public or other
nonprofit hospital, outpatient facility, facility for long-term
care, or rehabilitation facility,
the United States shall be entitled to recover, whether from the
transferor or the transferee (or, in the case of a facility which has
ceased to be public or nonprofit, from the owners thereof) an amount
determined under subsection (c).
"(b) The transferor of a facility which is sold or transferred as
described in subsection (a)(1), or the owner of a facility the use of
which is changed as described in subsection (a)(2), shall provide the
Secretary written notice of such sale, transfer, or change not later
than the expiration of 10 days from the date on which such sale,
transfer, or change occurs.
"(c)(1) Except as provided in paragraph (2), the amount the United
States shall be entitled to recover under subsection (a) is an amount
bearing the same ratio to the then value (as determined by the agreement
of the parties or in an action brought in the district court of the
United States for the district for which the facility involved is
situated) of so much of the facility as constituted an approved project
or projects as the amount of the Federal participation bore to the cost
of the construction or modernization of such project or projects.
(2)(A) After the expiration of --
"(i) 180 days after the date of the sale, transfer, or change
of use for which a notice is required by subsection (b) in the
case of a facility which is sold or transferred or the use of
which changes after the date of the enactment of this subsection,
or
"(ii) thirty days after the date of the sale, transfer, or
change of use for which a notice is required by subsection (b), in
the case of a facility which was sold or transferred or the use of
which changed before the date of the enactment of this subsection,
the amount which the United States is entitled to recover under
paragraph (1) with respect to a facility shall be the amount prescribed
by paragraph (1) plus interest, during the period described in
subparagraph (B), at a rate (determined by the Secretary) based on the
average of the bond equivalent of the weekly 90-day Treasury bill
auction rate.
"(B) The period referred to in subparagraph (A) is the period
beginning --
"(i) in the case of a facility which was sold or transferred or
the use of which changed before the date of the enactment of this
subsection, thirty days after such date or if later 180 days after
the date of the sale, transfer, or change of use for which a
notice is required by subsection (b).
"(ii) in the case of a facility with respect to which notice is
provided in accordance with subsection (b), upon the expiration of
180 days after the receipt of such notice, or
(iii) in the case of a facility with respect to which such
notice is not provided as prescribed by subsection (b), on the
date of the sale, transfer, or changes of use for which such
notice was to be provided,
and ending on the date the amount the United States is entitled to
under paragraph (1) is collected.
"(d)(1) The Secretary may waive the recovery rights of the United
States under subsection (a)(1) with respect to a facility in any State
if the Secretary determines, in accordance with regulations, that the
entity to which the facility was sold or transferred --
"(A) has established an irrevocable trust --
"(i) in an amount equal to the greater of twice the cost of the
remaining obligation of the facility under clause (ii) of section
1621(b)(1)(K) or the amount, determined under subsection (c), that
the United States is entitled to recover, and
"(ii) which will only be used by the entity to provide the care
required by clause (ii) of section 1621(b)(1)(K); and "(B) will
meet the obligation of the facility under clause (i) of section
1621(b)(1)(K).
"(2) The Secretary may waive the recovery rights of the United States
under subsection (a)(2) with respect to a facility in any State if the
Secretary determines, in accordance with regulations, that there is good
cause for waiving such rights with respect to such facility.
"(e) The right of recovery of the United States under subsection (a)
shall not constitute a lien on any facility with respect to which funds
have been paid under this title.".
(c) Not later than the expiration of the one-hundred-and-eighty day
period beginning on the date of the enactment of this section, the
Secretary shall have in effect regulations and personnel to place in
effect the amendments made by this section.
SEC. 2391. (a) The Secretary of Health and Human Services shall
conduct a study relating to compliance with sections 603(e)(2) and
1621(b)(1)(K)(ii) of the Public Health Service Act (as such sections
were in effect on September 30, 1979) to determine whether the
regulations implementing such sections should distinguish between
hospitals and long-term care facilities assisted under titles VI and XVI
of such Act. Not later than January 1, 1985, the Secretary shall
transmit to the Congress a report of the results of the study.
(b) Subsection (a) shall take effect October 1, 1984.
Sec. 2401. Section 18(a) of the Small Business Act is amended by
striking out "October 1, 1986" and by inserting in lieu thereof "October
1, 1987".
Public Law 98-369, 98 Stat. 494
DIVISION B, Title V-Title VI
98th Congress
July 18, 1984
DEFICIT REDUCTION ACT OF 1984
(Part 9 of 10 Parts)
SEC. 2501. (a)(1) Subsection (b)(3) of section 3010 of title 38,
United States Code, is amended --
(A) by inserting "(A)" after "(3)";
(B) by inserting "described in subparagraph (B) of this
paragraph" after "to a veteran";
(C) by striking out "an application therefor is received" and
inserting in lieu thereof "the veteran applies for a retroactive
award"; and
(D) by adding at the end the following new subparagraph;
"(B) A veteran referred to in subparagraph (A) of this subparagraph
is a veteran who is permanently and totally disabled and who is
prevented by a disability from applying for disability pension for a
period of at least 30 days beginning on the date on which the veteran
became permanently and totally disabled.".
(2) Subsection (d) of such section is amended to read as follows:
"(d)(1) The effective date of an award of death compensation or
dependency and indemnity compensation for which application is received
within one year from the date of death shall be the first day of the
month in which the death occurred.
"(2) The effective date of an award of death pension for which
application is received within 45 days from the date of death shall be
the first day of the month in which the death occurred.".
(b) The amendments made by subsection (a)(1( and the provisions of
paragraph (2) of section 301(d) of title 38, United States Code, as
added by subsection (a)(2), shall take effect with respect to
applications that are first received after September 30, 1984, for
benefits under chapter 15 of title 38, United States Code.
SEC. 2511. (a) Section 1829 of title 38, United States Code, is
amended --
(1) in subsection (a) --
(A) by inserting "and from each person obtaining a loan from
the Administrator to finance the purchase of real property from
the Administrator," after "under this chapter,";
(B) by striking out "one-half of"; and
(C) by striking out "to the veteran" after "in the loan";
(2) by striking out subsection (c); and
(3) by redesignating subsection (d) as subsection (c) and
striking out "September 30, 1985" in such subsection and inserting
in lieu thereof "September 30, 1987".
(b) Section 1824(c) of such title is amended by striking out "and
(2)" and inserting in lieu thereof "(2) amounts received by the
Administrator as fees collected under section 1829 of this title, and
(3)".
(c)(1) The amendments made by subsection (a)(1) shall apply with
respect to loans closed after the end of the 30-day period beginning on
the date of the enactment of this Act.
(2) The amendments made by subsections (a)(2) and (b) shall apply
with respect to loans closed on or after the date of the enactment of
this Act.
(3) The amendment made by subsection (a)(3) shall take effect on the
date of the enactment of this Act.
SEC. 2512. (a) Section 1816 of title 38, United States Code, is
amended --
(1) in subsection (a) --
(A) by designating the first sentence as paragraph (1), the
second and third sentences as paragraph (2), and the fourth
sentence as paragraph (3);
(B) by striking out "Administrator who shall thereupon" in
paragraph (1) (as so designated) and inserting in lieu thereof
"Administrator of such default. Upon receipt of such notice, the
Administrator may, subject to subsection (c) of this section,";
and
(C) by striking out "guaranteed, and shall" in paragraph (1)
(as so designated) and inserting in lieu thereof "guaranteed. If
the Administrator makes such a payment, the Administrator shall";
and
(2) by adding at the end the following new subsections:
"(c)(1) For purposes of this subsection --
"(A) The term 'defaulted loan means a loan that is guaranteed
under this chapter, that was made for a purpose described in
section 1810(a) of this title, and that is in default.
"(B) The term 'liquidation sale' means a judicial sale or other
disposition of real property to liquidate a defaulted loan that is
secured by such property.
"(C) The term 'net value', with respect to real property, means
the amount equal to (i) the fair market value of the property,
minus (ii) the total of the amounts which the Administrator
estimates the Administrator would incur (if the Administrator were
to acquire and dispose of the property) for property taxes,
assessments, liens, property maintenance, property improvement,
administration, resale, and other costs resulting from the
acquisition and disposition of the property.
"(D) The term 'total indebtedness', with respect to a defaulted
loan, means the amount equal to the total of (i) the unpaid
principal of the loan, (ii) the interest on the loan as of the
date of the liquidation sale of the property securing the loan (or
such earlier date following the expiration of a reasonable period
of time for such sale to occur as the Administrator may specify
pursuant to regulations prescribed by the Administrator to
implement this subsection), and (iii) such reasonably necessary
and proper charges (as specified in the loan instrument and
permitted by such regulations) associated with liquidation of the
loan, including advances for taxes, insurance, and maintenance or
repair of the real property securing the loan.
"(2)(A) Except as provided in subparagraph (B) of this paragraph this
subsection applies to any case in which the holder of a defaulted loan
undertakes to liquidate the loan by means of a liquidation sale.
"(B) This subsection does not apply to a case in which the
Administrator proceeds under subsection (a)(2) of this section.
"(3)(A) Before carrying out a liquidation sale of real property
securing a defaulted loan, the holder of the loan shall notify the
property securing the loan and the amount of the total indebtedness
under the loan and shall notify the holder of the loan of the
determination of such net value.
"(4) A case referred to in paragraphs (5), (6), and (7) of this
subsection as being described in this paragraph is a case in which the
net value of the property securing a defaulted loan exceeds the amount
of the total indebtedness under the loan minus the amount guaranteed
under this chapter.
"(5) In a case described in paragraph (4) of this subsection, if the
holder of the defaulted loan acquires the property securing the loan at
a liquidation sale for an amount that does not exceed the lesser of the
net value of the property or the total indebtedness under the loan --
"(A) the holder shall have the option to convey the property to
the United States in return for payment by the Administrator of an
amount equal to the lesser of such net value or total
indebtedness; and
"(B) the liability of the United States under the loan guaranty
under this chapter shall be limited to the amount of such total
indebtedness minus the net value of the property.
"(6) In a case described in paragraph (4) of this subsection, if the
holder of the defaulted loan either does not acquire the property
securing the loan at the liquidation sale or acquires the property at
such sale for an amount that exceeds the lesser of the net value of the
property or the total indebtedness under the loan --
"(A) the Administrator may not accept conveyance of the
property except as provided in paragraph (7) of this subsection;
and
"(B) the liability of the United States under the loan guaranty
under this chapter shall be limited to the amount equal to (i) the
amount of such total indebtedness, minus (ii) the amount realized
by the holder incident to the sale or the net value of the
property, whichever is greater.
"(7) In a case described in paragraph (4) of this subsection, if the
holder of the defaulted loan acquires the property securing the loan at
the liquidation sale for an amount that exceeds the lesser of the total
indebtedness under the loan or the net value and that was the minimum
amount for which, under applicable State law, the property was permitted
to be sold at the liquidation sale --
"(A) the Administrator may accept conveyance of the property to
the United States for a price not exceeding the lesser of the
amount for which the holder acquired the property or the total
indebtedness under the loan; and
"(B) the liability of the United States under the loan guaranty
under this chapter is as provided in paragraph (6)(B) of this
subsection.
"(8) If the net value of the property securing a defaulted loan is
not greater than the amount of the total indebtedness under the loan
minus the amount guaranteed under this chapter --
"(A) the Administrator may not accept conveyance of the
property from the holder of the loan; and
"(B) the liability of the United States under the loan guaranty
shall be limited to the amount of the total indebtedness under the
loan minus the amount realized by the holder of the loan incident
to the sale at a liquidation sale of the property.
"(9) In no event may the liability of the United States under a
guaranteed loan exceed the amount guaranteed with respect to that loan
under section 1803(b) of this title. All determinations under this
subsection of net value and total indebtedness shall be made by the
Administrator.
"(d)(1) Of the number of purchases made during any fiscal year of
real property acquired by the Administrator as the result of a default
on a loan guaranteed under this chapter for a purpose described in
section 1810(a) of this title, not more than 75 percent, nor less than
60 percent, of such purchases may be financed by a loan made by the
Administrator. The maximum percentage stated in the preceding sentence
may be increased to 80 percent for any fiscal year if the Administrator
determines that such an increase is necessary in order to maintain the
effective functioning of the loan guaranty program.
"(2) In carrying out paragraph (1) of this subsection, the
Administrator, to the maximum extent consistent with that paragraph and
with maintaining the effective functioning of the loan guaranty program
under this chapter, shall minimize the number of loans made by the
Administrator to finance purchases of real property from the
Administrator described in that paragraph.
"(3) Notes securing such loans may be sold with recourse only to the
extent that the Administrator determines that selling such notes with
recourse is necessary in order to maintain the effective functioning of
the loan guaranty program under this chapter.".
(b)(1) Subchapter III of chapter 37 of title 38, United States Code,
is amended by adding at the end the following new section:
"Section 1830. Use of attorneys in court
"(a) Within 180 days after the date of the enactment of this section,
the Administrator shall take appropriate steps to authorize attorneys
employed by the Veterans' Administration to exercise the right of the
United States to bring suit in court to foreclose a loan made or
acquired by the Administrator under this chapter and to recover
possession of any property acquired by the Administrator under this
chapter. With the concurrence of the Attorney General of the United
States, the Administrator may acquire the services of attorneys, other
than those who are employees of the Veterans' Administration, to
exercise that right. The activities of attorneys in bringing suit under
this section shall be subject to the direction and supervision of the
Attorney General and to such terms and conditions as the Attorney
General may prescribe.
"(b) Nothing in this section derogates from the authority of the
Attorney General under sections 516 and 519 of title 28 to direct and
supervise all litigation to which the United States or an agency or
officer of the United States is a party."
(2) The table of sections at the beginning of such chapter is amended
by inserting after the item relating to section 1829 the following new
item:
"1830. Use of attorneys in court.".
(c)(1) The amendments made by subsection (a) shall take effect on
October 1, 1984.
(2) Subsections (c) and (d) of section 1816 of title 38, United
States Code (as added by subsection (a) of this section), shall cease to
have effect on October 1, 1987.
(3) The amendments made by subsection (b) shall take effect on the
date of the enactment of this Act.
(d) Not later than 180 days after the date of the enactment of this
Act, the Administrator of Veterans' Affairs and the Attorney General of
the United States shall submit to the appropriate committees of the
Congress a joint report that --
(1) describes and explains the actions taken by the
Administrator and the Attorney General to implement section 1830
of title 38, United States Code, as added by subsection (b); and
(2) sets forth their views with respect to the advisability of
actions, pursuant to the second sentence of subsection (a) of such
section, to employ private attorneys to bring actions described in
that section.
(e)(1) Not later than December 1, 1986, the Administrator of
Veterans' Affairs shall submit to the Committees on Veterans' Affairs of
the Senate and House of Representatives a report on the administration
and functioning of the loan guaranty program conducted by the Veterans'
Administration under chapter 37 of title 38, United States Code, and the
status of the Veterans' Administration Loan Guaranty Revolving Fund
established under section 1824(a) of such title.
(2) The report shall include --
(A) a description of the actions taken by the Administrator
during the period beginning on June 1, 1984, and ending on
September 30, 1986, and the actions planned as of September 30,
1986 (together with a schedule for completing any actions
planned), to maintain the effective functioning of that program
and to ensure the solvency of the Fund, including actions with
respect to the acquisition of properties following liquidation
sales, the making of loans (known as "vendee loans") to finance
the sale of properties so acquired, the quality of property
appraisals by the Vetearns' Administration, and assessments of
home-buyer credit worthiness;
(B) the Administrator's evaluation of the effects of the
amendments made by subsection (a) (relating to acquisition of
properties after liquidation sales and to vendee loans), including
the Administrator's evaluation of the effects of subsection (d) of
section 1816 of title 38, United States Code (as added by
subsection (a)(2)) (relating to vendee loans), on the operation
and effective functioning of such program; and
(C) the recommendations of the Administrator regarding any need
for administrative or legislative action with respect to such
program, including the Administrator's recommendations as to
whether or not subsection (c)(2) (providing for the termination of
provisions relating to the acquisition of properties and to vendee
loans) should be amended.
SEC. 2601. Social security coverage for Federal employees;
treatment of legislative branch employees not covered by civil service
retirement system.
Sec. 2602. Procedures to prevent overpayments due to failure to
report earnings.
Sec. 2603. Special social security treatment for church employees.
Sec. 2611. Increase in dollar limitations under assets test.
Sec. 2612. Limitation on recoupment rate in case of overpayments.
Sec. 2613. Treatment of overpayments when recipients countable
assets exceed limits in certain cases.
Sec. 2614. Exclusion of underpayments from resources.
Sec. 2615. Adjustments in SSI benefits on account of retroactive
benefits under title II.
Sec. 2616. Exclusion from income of certain Alaska bonus payments.
Sec. 2621. Gross income limitation.
Sec. 2622. Work expense deduction.
Sec. 2623. Continutation of $30 disregard from earned income.
Sec. 2624. Work transition in the case of certain families who lose
AFDC benefits because of earned income.
Sec. 2625. Clarification of earned income provision.
Sec. 2626. Exclusion of burial plots, funeral agreements, and
certain property from limitation on family resources.
Sec. 2627. Federal matching for expenses incurred by States in
reimbursing AFDC recipients for transportation and day care costs
attributable to participation in CWEP.
Sec. 2628. Monthly reporting and retrospective budgeting.
Sec. 2629. Treatment of earned income tax credit in determining
countable income.
Sec. 2630. Federally assisted pilot projects to demonstrate one-stop
service delivery systems.
Sec. 2631. Exemption of certain pregnant women from registration for
work or training.
Sec. 2632. Treatment of nonrecurring lump sum income.
Sec. 2633. Waiver of overpayment recoupment when cost of collection
would exceed amount due.
Sec. 2634. Exceptions to requirements for protective payments.
Sec. 2635. Eligibility requirements for aliens.
Sec. 2636. Provision by State agencies of information regarding
fugitive felons.
Sec. 2637. Payment schedule for reimbursement of certain back claims
due the States.
Sec. 2638. Modification of requirements for work supplementation
program.
Sec. 2639. 3-year extension of provisions for disregarding in-kind
assistance.
Sec. 2640. Parents and siblings of dependent child included in AFDC
family; child support payments.
Sec. 2641. CWEP work for Federal agencies.
Sec. 2642. Earned income of full-time students.
Sec. 2643. General effective date.
Sec. 2651. Income and eligibility verification procedures.
Sec. 2652. Collection and deposit of payments to executive agencies.
Sec. 2653. Collection of non-tax debts owed to Federal agencies.
Sec. 2661. Changes in OASDI provisions necessitated by the 1983
Amendments.
Sec. 2662. Changes in text of the 1983 Amendments.
Sec. 2663. Other technical corrections in the Social Security Act
and related provisions.
Sec. 2664. Effective dates.
Sec. 2671. Limitations on trade readjustment allowances.
Sec. 2672. Job search and relocation allowances.
Sec. 2673. Assistance to industry.
and the Virgin Islands
Sec. 2681. Clarification of definition of articles produced in
Puerto Rico or the Virgin Islands.
Sec. 2682. Limitations on transfers of excise tax revenues to Puerto
Rico and the Virgin Islands.
OF LEGISLATIVE BRANCH EMPLOYEES NOT COVERED BY CIVIL
SERVICE RETIREMENT SYSTEM
SEC. 2601. (a)(1) Section 210(a)(5)(B) of the Social Security Act is
amended to read as follows:
(B) is performed by an individual who --
"(i) has been continuously performing service described in
subparagraph (A) since December 31, 1983, and for purposes of this
clause --
"(I) if an individual performing service described in
subparagraph (A) returns to the performance of such service after
being separated therefrom for a period of less than 366
consecutive days, regardless of whether the period began before,
on, or after December 31, 1983, then such service shall be
considered continuous,
"(II) if an individual performing service described in
subparagraph (A) returns to the performance of such service after
being detailed or transferred to an international organization as
described under section 3343 of subchapter III of chapter 33 of
title 5, United States Code, or under section 3581 of chapter 35
of such title, then the service performed for that organization
shall be considered service described in subparagraph (A),
"(III) if an individual performing service described in
subparagraph (A) is reemployed or reinstated after being separated
from such service for the purpose of accepting employment with the
American Institute of Taiwan as provided under section 3310 of
chapter 48 of title 22, United States Code, then the service
performed for that Institute shall be considered service described
in subparagraph (A), and
"(IV) if an individual performing service described in
subparagraph (A) returns to the performance of such service after
performing service as a member of a uniformed service (including,
for purposes of this clause, service in the National Guard and
temporary service in the Coast Guard Reserve) and after exercising
restoration or reemployment rights as provided under chapter 43 of
title 38, United States Code, then the service so performed as a
member of a uniformed service shall be considered service
described in subparagraph (A); or
"(ii) is receiving an annuity from the Civil Service Retirement
and Disability Fund, or benefits (for service as an employee)
under another retirement system established by a law of the United
States for employees of the Federal Government (other than for
members of the uniformed services);"
(2) Section 210(a)(5) of such Act is further amended (in the matter
which follows "except that this paragraph shall not apply with respect
to -- ") --
(A) by striking out "(i)", "(ii)", "(iii)", "(iv)", and "(v)"
and inserting in lieu thereof "(C)", "(D)", "(E)", "(F)", and
"(G)", respectively;
(B) by striking out "(I)", "(II)", and "(III)" and inserting in
lieu thereof "(i)", "(ii)", and "(iii)", respectively; and
(C) by striking out subparagraph (G) (as redesignated by
subparagraph (A) of this paragraph) and inserting in lieu thereof
the following:
"(G) Any other service in the legislative branch of the Federal
Government if such service --
"(i) is performed by an individual who was not subject to
subchapter III of chapter 83 of title 5, United States Code, or to
another retirement system established by a law of the United
States for employees of the Federal Government (other than for
members of the uniformed services), on December 31, 1983, or
"(ii) is performed by an individual who has, at any time after
December 31, 1983, received a lump-sum payment under section
8342(a) of title 5, United States Code, or under the corresponding
provision of the law establishing the other retirement system
described in clause (i), or
"(iii) is performed by an individual after such individual has
otherwise ceased to be subject to subchapter III of chapter 83 of
title 5, United States Code (without having an application pending
for coverage under such subchapter), while performing service in
the legislative branch (determined without regard to the
provisions of subparagraph (B) relating to continuity of
employment), for any period of time after December 31, 1983,
and for purposes of this subparagraph (G) an individual is
subject to such subchapter III or to any such other retirement
system at any time only if (a) such individual's pay is subject to
deductions, contributions, or similar payments (concurrent with
the service being performed at that time) under section 8334(a) of
such title 5 or the corresponding provision of the law
establishing such other system, or (in a case to which section
8332(k)(1) of such title applies) such individual is making
payments of amounts equivalent to such deductions, contributions,
or similar payments while on leave without pay, or (b) such
individual is receiving an annuity from the Civil Service
Retirement and Disability Fund, or is receiving benefits (for
service as an employee) under another retirement system
established by a law of the United States for employees of the
Federal Government (other than for members of the uniformed
services);".
(b)(1) Section 3121(b)(5)(B) of the Internal Revenue Code of 1954 is
amended to read as follows:
"(B) is performed by an individual who --
"(i) has been continuously performing service described in
subparagraph (A) since December 31, 1983, and for purposes of this
clause --
"(I) if an individual performing service described in
subparagraph (A) returns to the performance of such service after
being separated therefrom for a period of less than 366
consecutive days, regardless of whether the period began before,
on, or after December 31, 1983, then such service shall be
considered continuous,
"(II) if an individual performing service described in
subparagraph (A) returns to the performance of such service after
being detailed or transferred to an international organization as
described under section 3343 of subchapter III of chapter 33 of
title 5, United States Code, or under section 3581 of chapter 35
of such title, then the service performed for that organization
shall be considered service described in subparagraph (A),
"(III) if an individual performing service described in
subparagraph (A) is reemployed or reinstated after being separated
from such service for the purpose of accepting employment with the
American Institute in Taiwan as provided under section 3310 of
chapter 48 of title 22, United States Code, then the service
performed for that Institute shall be considered service described
in subparagraph (A), and
"(IV) if an individual performing service described in
subparagraph (A) returns to the performance of such service after
performing service as a member of a uniformed service (including
for purposes of this clause, service in the National Guard and
temporary service in the Coast Guard Reserve) and after exercising
restoration or reemployment rights as provided under chapter 43 of
title 38, United States Code, then the service so performed as a
member of a uniformed service shall be considered service
described in subparagraph (A); or
"(ii) is receiving an annuity from the Civil Service Retirement
and Disability Fund, or benefits (for service as an employee)
under another retirement system established by a law of the United
States for employees of the Federal Government (other than for
members of the uniformed service);".
(2) Section 3121(b)(5) of such Code is further amended (in the matter
which follows "except that this paragraph shall not apply with respect
-- ") --
(A) by striking out "(i)", "(ii)", "(iii)", "(iv)", and "(v)"
and inserting in lieu thereof "(C)", "(D)", "(E)", "(F)", and
"(G)", respectively;
(B) by striking out "(I)", "(II)", and "(III)" and inserting in
lieu thereof "(i)", "(ii)", and "(iii)", respectively; and
(C) by striking out subparagraph (G) (as redesignated by
subparagraph (A) of this paragraph) and inserting in lieu thereof
the following:
"(G) any other service in the legislative branch of the Federal
Government if such service --
"(i) is performed by an individual who was not subject to
subchapter III of chapter 83 of title 5, United States Code, or to
another retirement system established by a law of the United
States for employees of the Federal Government (other than for
members of the uniformed services), on December 31, 1983, or
"(ii) is performed by an individual who has, at any time after
December 31, 1983, received a lump-sum payment under section
8342(a) of title 5, United States Code, or under the corresponding
provision of the law establishing the other retirement system
described in clause (i), or
"(iii) is performed by an individual after such individual has
otherwise ceased to be subject to subchapter III of chapter 83 of
title 5, United States Code (with having an application pending
for coverage under such subchapter), while performing service in
the legislative branch (determined without regard to the
provisions of subparagraph (B) relating to continuity of
employment), for any period of time after December 31, 1983,
and for purposes of this subparagraph (G) an indivudual is
subject to such subchapter III or to any such other retirement
system at any time only if (a) such individual's pay is subject to
deductions, contributions, or similar payments (concurrent with
the service being performed at that time) under section 8334(a) of
such title 5 or the corresponding provision of the law
establishing such other system, or (in a case to which section
8332(k)(1) of such title applies) such individual is making
payments of amounts equivalent to such deductions, contributions,
or similar payments while on leave without pay, or (b) such
individual is receiving an annuity from the Civil Service
Retirement and Disability Fund, or is receiving benefits (for
service as an employee) under another retirement system
established by a law of the United States for employees of the
Federal Government (other than for members of the uniformed
services);".
(c) For purposes of section 210(a)(5)(G) of the Social Security Act
and section 3121(b)(5)(G) of the Internal Revenue Code of 1954, an
individual shall not be considered to be subject to subchapter III of
chapter 83 of title 5, United States Code, or to another retirement
system established by a law of the United States for employees of the
Federal Government (other than for members of the uniformed services),
if he is contributing a reduced amount by reason of the Federal
Employees' Retirement Contribution Temporary Adjustment Act of 1983.
(d)(1) Any individual who --
(A) was subject to subchapter III of chapter 83 of title 5,
United States Code, or to another retirement system established by
a law of the United States for employees of the Federal Government
(other than for members of the uniformed services), on December
31, 1983 (as determined for purposes of section 210(a)( 5)(G) of
the Social Security Act), and
(B)(i) received a lump-sum payment under section 8342(a) of
such title 5, or under the corresponding provision of the law
establishing the other retirement system described in subparagraph
(A), after December 31, 1983, and prior to June 15, 1984, or
received such a payment on or after June 15, 1984, pursuant to an
application which was filed in accordance with such section
8342(a) or the corresponding provision of the law establishing
such other retirement system prior to that date, or
(ii) otherwise ceased to be subject to subchapter III of
chapter 83 of title 5, United States Code, for a period after
December 31, 1983, to which section 210(a)(5)(g)(iii) of the
Social Security Act applies,
shall, if such individual again becomes subject to subchapter III of
chapter 83 of title 5 (or effectively applies for coverage under such
subchapter) after the date on which he last ceased to be subject to such
subchapter but prior to, or within 30 days after, the date of the
enactment of this Act, requalify for the exemption from social security
coverage and taxes under section 210(a)(5) of the Social Security Act
and section 3121(b)(5) of the Internal Revenue Code of 1954 as if the
cessation of coverage under title 5 had not occurred.
(2) An individual meeting the requirements of subparagraphs (A) and
(B) of paragraph (1) who is not in the employ of the United States or an
instrumentality thereof on the date of the enactment of this Act may
requalify for such exemptions in the same manner as under paragraph (1)
if such individual again becomes subject to subchapter III of chapter 83
of title 5 (or effectively applies for coverage under such subchapter)
within 30 days after the date on which he first returns to service in
the legislative branch after such date of enactment, if such date (on
which he returns to service) is within 365 days after he was last in the
employ of the United States or an instrumentality thereof.
(3) If an individual meeting the requirements of subparagraphs (A)
and (B) of paragraph (1) does not again become subject to subchapter III
of chapter 83 of title 5 (or effectively apply for coverage under such
subchapter) prior to the date of the enactment of this Act or within the
relevant 30-day period as provided in paragraph (1) or (2), social
security coverage and taxes by reason of section 210(a)(5)(G) of the
Social Security Act and section 3121(b)(5)(G) of the Internal Revenue
Code of 1954 shall, with respect to such individual's service in the
legislative branch of the Federal Government, become effective with the
first month beginning after such 30-day period.
(4) The provisions of paragraphs (1) and (2) shall apply only for
purposes of reestablishing and exemption from social security coverage
and taxes, and do not affect the amount of service to be credited to an
individual for purposes of title 5, United States Code.
(e)(1) For purposes of section 210(a)(5) of the Social Security Act
(as in effect in January 1983 and as in effect on and after January 1,
1984) and section 3121(b)(5) of the Internal Revenue Code of 1954 (as so
in effect), service performed in the employ of a nonprofit organization
described in section 501(c)(3) of the Internal Revenue Code of 1954 by
an employee who is required by law to be subject to subchapter III of
chapter 83 of title 5, United States Code, with respect to such service,
shall be considered to be service performed in the employ of an
instrumentality of the United States.
(2) For purposes of section 203 of the Federal Employees' Retirement
Contribution Temporary Adjustment Act of 1983, service described in
paragraph (1) which is also "employment" for purposes of title II of the
Social Security Act, shall be considered to be "covered service".
(f) Except as provided in subsection (d), the amendments made by
subsections (a) and (b) (and the provisions of subsection (e)) shall be
effective with respect to service performed after December 31, 1983.
SEC. 2602. (a) Section 203(h) of the Social Security Act is amended
by adding at the end thereof the following new paragraph:
"(4) The Secretary shall develop and implement procedures in
accordance with this subsection to avoid paying more than the correct
amount of benefits to any individual under this title as a result of
such individual's failure to file a correct report or estimate of
earnings or wages. Such procedures may include identifying categories
of individuals who are likely to be paid more than the correct amount of
benefits and requesting that they estimate their earnings or wages more
frequently than other persons subject to deductions under this section
on account of earnings or wages.
(b) The amendment made by subsection (a) shall be effective upon the
date of the enactment of this Act.
SEC. 2603. (a)(1) Section 210(a)(8) of the Social Security Act is
amended by inserting "(A)" after "(8)", by striking out "this paragraph"
and inserting in lieu thereof "this subparagraph", and by adding at the
end thereof the following new subparagraph:
"(B) Service performed in the employ of a church or qualified
church-controlled organization if such church or organization has
in effect an election under section 3121(w) of the Internal
Revenue Code of 1954, other than service in an unrelated trade or
buisness (within the meaning of section 513(a) of such Code);".
(2) Section 3121(b)(8) of the Internal Revenue Code of 1954 is
amended by inserting "(A)" after "(8)", by striking out "this paragraph"
and inserting in lieu thereof "this subparagraph", and by adding at the
end thereof the following new subparagraph:
"(B) service performed in the employ of a church or qualified
church-controlled organization if such church or organization has
in effect an election under subsection (w), other than service in
an unrelated trade or business (within the meaning of section
513(a));".
(b) Section 3121 of the Internal Revenue Code of 1954 is amended by
adding at the end thereof the following new subsection:
"(w) EXEMPTION OF CHURCHES AND QUALIFIED CHURCH-CONTROLLED
ORGANIZATIONS. --
"(1) GENERAL RULE. -- Any church or qualified church-controlled
organization (as defined in paragraph (3)) may make an election
with such procedures as the Secretary determines to be
appropriate, that services performed in the employ of such church
or organization shall be excluded from employment for purposes of
title II of the Social Security Act and chapter 21 of this Code.
An election may be made under this subsection only if the church
or qualified church-controlled organization states that such
church or organization is opposed for religious reasons to the
payment of the tax imposed under section 3111.
"(2) TIMING AND DURATION OF ELECTION. -- An election under this
subsection must be made prior to the first date, more than 90 days
after the date of the enactment of this subsection, on which a
quarterly employment tax return for the tax imposed under section
3111 is due, or would be due but for the election, from such
church or organization. An election under this subsection shall
apply to current and future employees, and shall apply to service
performed after December 31, 1983. The election may not be
revoked by the church or organization, but shall be permanently
revoked by the Secretary if such church or organization fails to
furnish the information required under section 6051 to the
Secretary for a period of 2 years or more with respect to
remuneration paid for such services by such church or
organization, and, upon request by the Secretary, fails to furnish
all such previously unfurnished information for the period covered
by the election. Such revocation shall apply retroactively to the
beginning of the 2-year period for which the information was not
furnished.
"(3) DEFINITIONS --
"(A) For purposes of this subsection, the term 'church' means a
church, a convention or association of churches, or an elementary
or secondary school which is controlled, operated, or principally
supported by a church or by a convention or association of
churches.
"(B) For purposes of this subsection, the term 'qualified
church-controlled organization' means any church-controlled
tax-exempt organization described in section 501(c)(3), other than
an organization which --
"(i) offers goods, services, or facilities for sale, other than
on an incidental basis, to the general public, other than goods,
services, or facilities which are sold at a nominal charge which
is substantially less than the cost of providing such goods,
services, or facilities; and
"(ii) normally receives more than 25 percent of its support
from either (I) governmental sources, or (II) receipts from
admissions, sales of merchandise, performance of services, or
furnishing of facilities, in activities which are not unrelated
trades or businesses, or both.".
(c)(1) Section 211(c)(2) of the Social Security Act is amended --
(A) by striking out "and" at the end of subparagraph (E);
(B) by striking out the semicolon at the end of subparagraph
(f) and inserting in lieu thereof ", and "; and
(C) by adding at the end thereof the following new
subparagraph:
"(G) service described in section 210(a)(8)(B);".
(2) Section 1402(c)(2) of the Internal Revenue Code of 1954 is
amended --
(A) by striking out "and" at the end of subparagraph (E); (F)
and inserting in lieu thereof ", and"; and
(C) by adding at the end thereof the following new
subparagraph:
"(G) service described in section 3121(b)(8)(B);".
(d)(1) Section 211(a) of the Social Security Act is amended --
(A) by striking out "and" at the end of paragraph (11);
(B) by striking out the period at the end of paragraph (12) and
inserting in lieu thereof "; and"; and
(C) by inserting after paragraph (12) the following new
paragraph:
"(13) With respect to remuneration for services which are
treated as services in a trade or business under subsection (c)(
2)(G) --
"(A) no deduction for trade or business expenses provided under
the Internal Revenue Code of 1954 (other than the deduction under
paragraph (11) of this subsection) shall apply;
"(B) the provisions of subsection (b)(2) shall not apply; and
"(C) if the amount of such remuneration from an employer for
the taxable year is less than $100, such remuneration from that
employer shall not be included in self-employment income.".
(2) Section 1402(a) of the Internal Revenue Code of 1954 is amended
--
(A) by striking out "and" at the end of paragraph (12);
(B) by striking out the period at the end of paragraph (13) and
inserting in lieu therof "; and"; and
(C) by inserting after paragraph (13) the following new
paragraph:
"(14) with respect to remuneration for services which are
treated as services in a trade or business under subsection (c)(
2)(G) --
"(A) no deduction for trade or business expenses provided under
this Code (other than the deduction under paragraph (12)) shall
apply;
"(B) the provisions of subsection (b)(2) shall not apply; and
"(C) if the amount of such remuneration from an employer for
the taxable year is less than $100, such remuneration from that
employer shall not be included in self-employment income."
(e) The amendments made by this section shall apply to service
performed after December 31, 1983.
(f) In any case where a church or qualified church-controlled
organization makes an election under section 3121(w) of the Internal
Revenue Code of 1954, the Secretary of the Treasury shall refund
(without interest) to such church or organization any taxes paid under
sections 3101 and 3111 of such Code with respect to service performed
after December 31, 1983, which is covered under such election. The
refund shall be conditional upon the church or organization agreeing to
pay to each employee (or former employee) the portion of the refund
attributable to the tax imposed on such employee (or former employee)
under section 3101, and such employee (or former employee) may not
receive any other refund payment of such taxes.
SEC. 2611. (a) Section 1611(a)(1)(B) of the Social Security Act is
amended --
(1) by striking out "$2,250" and inserting in lieu thereof "the
applicable amount determined under paragraph (3)(A)"; and
(2) by striking out "$1,500" and inserting in lieu thereof "the
applicable amount determined under paragraph (3)(B)".
(b) Section 1611(a)(2)(B) of such Act is amended by striking out
"$2,250" and inserting in lieu thereof "the applicable amount determined
under paragraph (3)(A)".
(c) Section 1611(a) of such Act is further amended by adding at the
end thereof the following new paragraph:
"(3)(A) The dollar amount referred to in clause (i) of paragraph
(1)(B), and in paragraph (2)(B), shall be $2,250 prior to January 1,
1985, and shall be increased to $2,400 on January 1, 1985, to $2,550 on
January 1, 1986, to $2,700 on January 1, 1987, to $2,850 on January 1,
1988, and to $3,000 on January 1, 1989.
"(B) The dollar amount referred to in clause (ii) of paragraph (1)(
B), shall be $1,500 prior to January 1, 1985, and shall be increased to
$1,600 on January 1, 1985, to $1,700 on January 1, 1986, to $1,800 on
January 1, 1987, to $1,900 on January 1, 1988, and to $2,000 on January
1, 1989.".
(d) Section 1621(b)(2)(B) of such Act is amended --
(1) by striking out "$1,500" and inserting in lieu thereof "the
applicable amount determined under section 1611(a)(3)(B)"; and
(2) by striking out "$2,250" and inserting in lieu thereof "the
applicable amount determined under section 1611(a)(3)(A)".
SEC. 2612. (a) Section 1631(b)(1) of the Social Security Act is
amended --
(1) by inserting "(A)" after "The Secretary" in the second
sentence; and
(2) by striking out the period at the end of the second
sentence and inserting in lieu thereof the following: ", and (B)
shall in any event make the adjustment or recovery (in the case of
payment of more than the correct amount of benefits), in the case
of an individual or eligible spouse receiving benefit payments
under this title (including supplementary payments of the type
described in section 1616(a) and payments pursuant to an agreement
entered into under section 212(a) of Public Law 93-66), in amounts
which in the aggregate do not exceed (for any month) the lesser of
(i) the amount of his or their benefit under this title for that
month or (ii) an amount equal to 10 percent of his or their income
for that month (including such benefit but excluding any other
income excluded pursuant to section 1612(b)), unless fraud,
willful misrepresentation, or concealment of material information
was involved on the part of the individual or spouse in connection
with the overpayment, or unless the individual requests that such
adjustment or recovery be made at a higher or lower rate and the
Secretary determines that adjustment or recovery at such rate is
justified and appropriate. The availability (in the case of an
individual who has been paid more than the correct amount of
benefits) of procedures for adjustment or recovery at a limited
rate under clause (B) of the preceding sentence shall not, in and
of itself, prevent or restrict the provision (in such case) of
more substantial relief under clause (A) of such sentence.".
(b) If an adjustment referred to in section 1631(b)(1) of the Social
Security Act is in effect with respect to an individual or eligible
spouse on the effective date of this subsection, and the amount of such
adjustment for a month is greater than the amount described in section
1631(b)(1)(B)(ii) of such Act, as added by subsection (a), the Secretary
shall notify the individual whose benefits are being adjusted, in
writing, of his or her right to have the adjustment reduced to the
amount described in such section 1631(b)(1)(B)(ii).
SEC. 2613. Section 1631(b) of the Social Security Act is amended --
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new
paragraph:
"(3) If any overpayment with respect to an individual (or an
individual and his or her spouse) is attributable solely to the
ownership or possession by such individual (and spouse if any) of
resources having a value which exceeds the applicable dollar figure
specified in paragraph (1)(B) or (2)(B) of section 1611(a) by $50 or
less, such individual (and spouse if any) shall be deemed for purposes
of the second sentence of paragraph (1) to have been without fault in
connection with the overpayment, and no adjustment or recovery shall be
made under the first sentence of such paragraph, unles the Secretary
finds that the failure of such individual (and spouse if any) to report
such value correctly and in a timely manner was knowing and willful.".
SEC. 2614. Section 1613(a) of the Social Security Act is amended --
(1) by striking out "and" after the semicolon at the end of
paragraph (5);
(2) by striking out the period at the end of paragraph (6) and
inserting in lieu thereof "; and"; and
(3) by inserting after paragraph (6) the following new
paragraph:
"(7) any amount received from the United States which is
attributable to underpayments of benefits due for one or more
prior months, under this title or title II, to such individual (or
spouse) or to any other person whose income is deemed to be
included in such individual's (or spouse's) income for purpose of
this title; but the application of this paragraph in the case of
any such individual (and eligible spouse if any), with respect to
any amount so received from the United States, shall be limited to
the first 6 months following the month in which such amount is
received, and written notice of this limitation shall be given to
the recipient concurrently with the payment of such amount.".
SEC. 2615. (a) Section 1127 of the Social Security Act is amended to
read as follows:
"ADJUSTMENTS IN SSI BENEFITS ON ACCOUNT OF RETROACTIVE BENEFITS
UNDER TITLE II
"SEC. 1127. (a) Notwithstanding any other provision of this Act, in
any case where an individual --
"(1) is entitled to benefits under title II that were not paid
in the months in which they were regularly due; and
"(2) is an individual or eligible spouse eligible for
supplemental security income benefits for one or more months in
which the benefits referred to in clause (1) were regularly due,
then any benefits under title II that were regularly due in such
month or months, or supplemental security income benefits for such month
or months, which are due but have not been paid to such individual or
eligible spouse shall be reduced by an amount equal to so much of the
supplemental security income benefits, whether or not paid
retroactively, as would not have been paid or would not be paid with
respect to such individual or spouse if he had received such benefits
under title II in the month or months in which they were regularly due.
"(b) For purposes of this section, the term 'supplemental security
income benefits' means benefits paid or payable by the Secretary under
title XVI, including State supplementary payments under an agreement
pursuant to section 1616(a) or an administration agreement under section
212(b) of Public Law 93-66.
"(c) From the amount of the reduction made under subsection (a), the
Secretary shall reimburse the State on behalf of which supplementary
payments were made for the amount (if any) by which such State's
expenditures on account of such supplementary payments for the month or
months involved exceeded the expenditures which the State would have
made (for such month or months) if the individual had received the
benefits under title II at the times they were regularly due. An amount
equal to the portion of such reduction remaining after reimbursement of
the State under the preceding sentence shall be covered into the general
fund of the Treasury.".
(b) The amendment made by this section shall apply for purposes of
reducing retroactive benefits under title II of the Social Security Act
or retroactive supplemental security income benefits payable beginning
with the seventh month following the month in which this Act is enacted;
except that in the case of retroactive title II benefits other than
those which result from a determination of entitlement following an
application for benefits under title II or from a reinstatement of
benefits under title II following a period of suspension or termination
of such benefits, it shall apply when the Secretary of Health and Human
Services determines that it is administratively feasible.
SEC. 2616. (a) Section 1612(b)(2)(B) of the Social Security Act is
amended to read as follows:
"(B) monthly (or other periodic) payments received by any
individual, under a program established prior to July 1, 1973 (or
any program established prior to such date but subsequently
amended so as to conform to State or Federal constitutional
standards), if (i) such payments are made by the State of which
the individual receiving such payments is a resident, (ii)
eligibility of any individual for such payments is not based on
need and is based solely on attainment of age 65 or any other age
set by the State and residency in such State by such individual,
and (iii) on or before September 30, 1985, such individual (I)
first becomes an eligible individual or an eligible spouse under
this title, and (II) satisfies the twenty-five-year residency
requirement of such program as such program was in effect prior to
January 1, 1983.".
(b) The amendment made by subsection (a) shall become effective on
the date of the enactment of this Act.
SEC. 2621. Section 402(a)(18) of the Social Security Act is amended
by striking out "150 percent of the State's standard of need" and
inserting in lieu thereof "185 percent of the State's standard of need".
SEC. 2622. Section 402(a)(8)(A)(ii) of the Social Security Act is
amended by striking out all that follows "the first $75 of the total of
such earned income for such month" and inserting in lieu thereof a
semicolon.
SEC. 2623. (a) Section 402(a)(8)(A)(iv) of the Social Security Act
is amended by inserting "(I) after "equal to, and by inserting "(II)"
after "plus".
(b) Section 402(a)(8)(B)(ii)(I) of such Act is amended --
(1) by striking out all that precedes "specified in
subparagraph (A)(ii)" and inserting in lieu thereof the following:
"(i) shall not disregard --
"(a) under subclause (II) of subparagraph (A)(iv), in a case
where such subclause has already been applied to the income of the
persons involved for four consecutive months while they were
receiving aid under the plan, or
"(b) under subclause (I) of subparagraph (A)(iv), in a case
where such subclause has already been applied to the income of the
persons involved for twelve consecutive months while they were
receiving aid under the plan,
any earned income of any of the persons"; and
(2) by striking out "and subparagraph (A)(iv) has not already
been applied to their income for four consecutive months while
they were receiving aid under the plan".
(c) Section 402(a)(8)(B)(ii)(II) of such Act is amended by striking
out "shall not apply" where it first appears and all that follows down
through "any month thereafter" and inserting in lieu thereof the
following: "shall not apply the provisions of subclause (II) of such
subparagraph to any month after such month, or apply the provisions of
subclause (I) of such subparagraph to any month after the eighth month
following such month, for so long as he continues to receive aid under
the plan, and shall not apply the provisions of either such subclause to
any month thereafter".
SEC. 2624. (a) Section 402(a) of the Social Security Act is amended
--
(1) by striking out "and" after the semicolon at the end of
paragraph (35);
(2) by striking out the period at the end of paragraph (36) and
inserting in lieu thereof "; and"; and
(3) by adding after paragraph (36) the following new paragraph:
"(37) provide that, in any case where a family has ceased to
receive aid under the plan because (by reason of paragraph (8)(
B)(ii)(II)) the provisions of paragraph (8)(A)(iv) no longer
apply, such family shall be considered for purposes of title XIX
to be receiving aid to families with dependent children under such
plan for a period of 9 months after the last month for which the
family actually received such aid; and the State may at its
option extend such period by an additional period of up to 6
months in the case of a family that would be eligible during such
additional period to receive aid under the plan (without regard to
this paragraph) if such paragraph (8)(A)(iv) applied.".
(b)(1) The amendments made by this section shall apply with
respect to months beginning on or after October 1, 1984.
(2) Such amendments shall apply with respect to families which
ceased to receive aid under the applicable State plan (for the
reason stated in section 402(a)(37) of the Social Security Act as
added by subsection (a) of this section) before October 1, 1984,
as well as with respect to families which cease to receive aid
(for that reason) on or after that date; but any family which
ceased to receive such aid before that date, in order to be
eligible to be treated as receiving aid under the plan for any
period after ceasing to receive such aid (as provided for in such
section 402(a)(37)) --
(A) must make its application for such treatment no later than
the end of the sixth month after the month in which final
regulations governing the application of such section 402(a)(37)
are promulgated by the Secretary of Health and Human Services (and
in the case of any such family the term "last month for which the
family actually received such aid" as used in such section
402(a)(37) means the month before the month in which the family
makes such application);
(B) must be a family that would have been continuously eligible
for aid under the State plan (without regard to the amendments
made by this section), from the time it ceased to receive such aid
to the time of its application under subparagraph (A), if section
402(a)(8)(A)(iv) of such Act applied; and
(C) must fully disclose, in its application under subparagraph
(A), any health insurance coverage which its members may have in
effect.
SEC. 2625. (a) Section 402(a)(8) of the Social Security Act is
amended by striking out "and" at the end of subparagraph (A), by adding
"and" at the end of subparagraph (B), and by adding at the end thereof
the following new subparagraph:
"(C) provide that in implementing this paragraph the term
'earned income' shall mean gross earned income, prior to any
deductions for taxes or for any other purposes;".
(b) The amendments made by subsection (a) shall become effective on
the date of the enactment of this Act.
SEC. 2626. Section 402(a)(7)(B) of the Social Security Act amended
by inserting "(i)" after "for purposes of this subparagraph", and by
inserting before the semicolon at the end thereof the following: ",
(ii) under regulations prescribed by the Secretary, burial plots (one
for each such child, relative, and other individual), and funeral
agreements or (iii) for such period or periods of time as the Secretary
may prescribe, real property which the family is making a good-faith
effort to dispose of, but any aid payable to the family for any such
period shall be conditioned upon such disposal, and any payments of such
aid for that period shall (at the time of the disposal) be considered
overpayments to the extent that they would not have been made had the
disposal occurred at the beginning of the period for which the payments
of such aid were made".
SEC. 2627. Section 409(a)(1)(F) of the Social Security Act is
amended --
(1) by inserting "(i) except as provided in clause (ii)" after
"that"; and
(2) by inserting before the period at the end thereof the
following: ", and (ii) to the extent that the State is unable to
provide for the costs involved through the furnishing of services
directly to the individuals participating in the program,
participants who are recipients of aid under the State's plan
approved under section 402 will instead be reimbursed for
transportation costs directly related to their participation in
the program (in amounts equal to the cost of transportation by the
most appropriate means as determined by the State agency), and for
day care expenses directly attributable to such participation (in
amounts determined by the State agency to be reasonable,
necessary, and cost-effective but not in excess of the comparable
maximum day care deduction allowed under section 402(a)(8)(A)(iii)
for recipients of aid under the plan generally); and amounts paid
as reimbursement to participants under clause (i) or (ii) shall be
considered, for purposes of section 403(a), to be expenditures
made for the proper and efficient administration of the State's
plan approved under section 402".
SEC. 2628. (a) Section 402(a)(13) of the Social Security Act is
amended --
(1) by striking out "provide that -- " and inserting in lieu
thereof "with respect to families who are required to report
monthly to the State agency pursuant to paragraph (14) (and at the
option of the State with respect to other families), provide that
-- "; and
(2) by striking out "but only where the Secretary determines it
to be appropriate" in subparagraphs (A) and (B) and inserting in
lieu thereof "(but only where the Secretary determines it to be
appropriate, in the case of families who are required to report
monthly to the State agency pursuant to paragraph (14))".
(b) Section 402(a)(14) of such Act is amended --
(1) by striking out "(A) provide that" and inserting in lieu
thereof "with respect to families in the category of recent work
history or earned income cases (and at the option of the State
with respect to families in other categories), provide (A) that";
(2) by striking out "with the prior approval of the Secretary"
and inserting in lieu thereof "(with the prior approval of the
Secretary in recent work history and earned income cases)"; and
(3) by striking out "upon the State's showing to the
satisfaction of the Secretary that" and inserting in lieu thereof
"upon a determination that".
(c) Section 402(a) of such Act is further amended by adding at the
end thereof (after and below paragraph (37), as added by section 2624(
a) of this Act) the following new sentence: "The Secretary may waive
any of the requirements imposed under or in connection with paragraphs
(13) and (14) of this subsection to the extent necessary to make such
requirements compatible with the corresponding reporting and budgeting
requirements by the Food Stamp Act of 1977.".
SEC. 2629. Section 402(d)(1) of the Social Security Act is amended
to read as follows:
"(1) For purposes of paragraphs (7) and (8) of subsection (a), any
refund of Federal income taxes made by reason of section 32 of the
Internal Revenue Code of 1954 (relating to earned income credit) and any
payment made by an employer under section 3507 of such Code (relating to
advance payment of earned income credit) shall be considered earned
income.".
SEC. 2630. Part A of title XI of the Social Security Act is amended
by adding at the end thereof the following new section:
"SEC. 1136. (a) In order to develop and demonstrate ways of
improving the delivery of services to individuals and families who need
them under the various human services programs, by eliminating
programmatic fragmentation and thereby assuring that an applicant for
services under any one such program will be informed of and have access
to all of the services which may be available to him or his family under
the other human services programs being carried out in the community
involved, any State having an approved plan under part A of title IV
may, subject to the provisions of this section, establish and conduct
one or more pilot projects to demonstrate the use of integrated service
delivery systems for human services programs in that State or in one or
more political subdivisions thereof.
"(b) The integration of service delivery systems for human services
programs in any State or locality under a pilot project established
under this section shall involve or include --
"(1) the development of a common set of terms for use in all of
the human services programs involved;
"(2) the development for each applicant of a single
comprehensive family profile which is suitable for use under all
of the human services programs involved;
"(3) the establishment and maintenance of a single resources
directory by which the citizens of the community involved may be
informed of and gain access to the services which are available
under all such programs;
"(4) the development of a unified budget and budgeting process,
and a unified accounting system, with standardized audit
procedures;
"(5) the implementation of unified planning, needs assessment,
and evaluation;
"(6) the consolidation of agency locations and related
transportation services;
"(7) the standardization of procedures for purchasing services
from nongovernmental sources;
"(8) the creation of communications linkages among agencies to
permit the serving of individual and family needs across program
and agency lines;
"(9) the development, to the maximum extent possible, of
uniform application and eligibility determination procedures; and
"(10) any other methods, arrangements, and procedures which the
Secretary determines are necessary or desirable for, and
consistent with, the establishment and operation of an integrated
service delivery system.
"(c)(1) Any State which desires to establish and conduct a pilot
project under this section, after having published a description of the
proposed project and invited comments thereon from interested persons in
the community or communities which would be affected, shall submit an
application to the Secretary (in such form and containing such
information as the Secretary may require) within 6 months after the date
of the enactment of this section. The proposed project may be statewide
in operation or may be limited to one or more political subdivisions of
the State; and the application shall in any event include or be
accompanied by satisfactory assurances that the project as proposed
would be permitted under applicable State and local law.
"(2) The Secretary shall consider all applications and accompanying
comments and materials which are submitted under paragraph (1), and, no
later than 9 months after the date of the enactment of this section,
shall approve no fewer than 3 nor more than 5 of the proposed projects
(including one such project to be operated on a statewide basis). In
considering and approving such applications the Secretary shall take
into account the size and characteristics of the population that would
be served by each proposed project, the desirability of wide geographic
distribution among the projects, the number and nature of the human
services programs which are in active operation in the various
communities involved, and such other factors as may tend to indicate
whether or not a particular proposed project would provide a useful and
effective demonstration of the value of an integrated service delivery
system. Each project approved under this paragraph shall be deemed for
purposes of this section to begin on the first day of the month
following the month in which the application with respect to such
project is approved.
"(3) The Secretary shall approve any application for a project under
this section only after determining that the conduct of such project
will not lower or restrict the levels of aid, assistance, benefits, or
services, or the income or resource standards, deductions, or
exclusions, under any of the human services programs involved, and will
not delay the provision of aid, assistance, benefits, or services under
any of such programs.
"(d)(1) Any State whose application is approved under subsection (c)
may submit to the Secretary a request for the waiver of any requirement
which would otherwise apply with respect to the proposed project under
any of the laws governing the human services programs to be included in
the project; and --
"(A) if the law involved is within the jurisdiction of the
Secretary and authority to grant the waiver involved is otherwise
available to the Secretary under this title, title IV, or any
other provision of law, the Secretary shall approve such request
upon a determination that the waiver is necessary for the project
to provide a useful and effective demonstration of the value of an
integrated service delivery system; and
"(B) if the law involved is within the jurisdiction of a
Federal agency other than the Department of Health and Human
Services and authority to grant the waiver involved is available
to the head of such other agency under that law or any other
provision of law, the Secretary shall transmit such request (on
behalf of the requesting State) to the head of such other agency,
who shall approve such request upon a determination that the
waiver is necessary for the project to provide a useful and
effective demonstration of the value of an integrated service
delivery system and who shall certify such approval to the
Secretary.
"(2) If under the law governing any of the human services programs
included within a project there are provisions establishing safeguards
which limit or restrict the use or disclosure of information (concerning
applicants for or recipients of benefits or services) which has been
obtained or developed by the agency involved in the conduct of that
program, and a waiver of such provisions is granted under paragraph (1)
in order to make such information available for purposes of the project
--
"(A) the State shall provide each applicant for and recipient
of aid, assistance, benefits, or services under the proposed
integrated service delivery system with a clear and readily
comprehensible notice that such information may be disclosed to
and used by project personnel, or exchanged with the other
agencies having responsibility for human services programs
included within the project;
"(B) the State shall take such steps as may be necessary to
ensure that the information disclosed will be used only for
purposes of, and by persons directly connected with, such project;
and
"(C) the State's application with respect to the project under
subsection (c) shall contain or be accompanied by satisfactory
assurances that the preceding requirements of this paragraph will
be fully complied with.
"(e) The Secretary shall from time to time pay to each State which
has an approved pilot project under this section, in such manner and
according to such schedule as may be agreed upon by the Secretary and
such State, amounts equal in the aggregate to --
"(1) 90 percent of the costs incurred by such State and its
political subdivisions in carrying out such project during the
first 18 months after the date on which the project begins.
"(2) 80 percent of any such costs incurred during the 12-month
period beginning with the nineteenth month after such date, and
"(3) 70 percent of any such costs incurred during the 12-month
period beginning with the thirty-first month after such date.
"(f)(1) For purposes of this section, the term 'human services
program' includes the program of aid to families with dependent children
under part A of title IV, the supplemental security income benefits
program under title XVI, the Federal food stamp program, and any other
Federal or federally assisted program (other than a program under the
Rehabilitation Act of 1973) which provides aid, assistance, or benefits
based wholly or partly on need or on income-related qualifications to
specified classes or types of individuals or families or which is
designed to help in crisis or emergency situations by meeting the basic
human needs of individuals or families whose own resources are
insufficient for that purpose.
"(2) In carrying out this section the Secretary shall regularly
consult with the Secretary of Labor, the Secretary of Agriculture, the
Secretary of Housing and Urban Development, and the head of any other
Federal agency having jurisdiction over or responsibility for one or
more human services programs, in order to ensure that the administrative
efforts of the various agencies involved are coordinated with respect to
all of the pilot projects being carried out under this section.
"(g) The Secretary shall require each State which is carrying out a
pilot project under this section to submit periodic reports on the
progress of such project, giving particular attention to the
cost-effectiveness of the integrated service delivery system involved
and the extent to which such system is improving the delivery of
services. No pilot project under this section shall be conducted for a
period of longer than 42 months. The first such report shall be
submitted no later than 3 months after the date on which the project
begins.
"(h) The Secretary shall from time to time submit to the Congress a
report on the progress and current status of each of the approved pilot
projects under this section. Each such report shall reflect the
periodic reports theretofore submitted to the Secretary by the States
involved under subsection (g), and shall contain such additional
comments, findings, and recommendations with respect to the operation of
the program under this section as the Secretary may determine to be
appropriate.
"(i) The Comptroller General shall, at such time or times as he
determines to be appropriate, review and evaluate any or all of the
pilot projects undertaken pursuant to this section, and shall from time
to time report to the Congress on the results of such reviews and
evaluations together with his findings and recommendations with respect
thereto.
"(j) There are authorized to be appropriated, for the
four-fiscal-year period beginning with the fiscal year 1985, such sums,
not to exceed $8,000,000 in the aggregate, as may be necessary to carry
out this section.".
SEC. 2631. Section 402(a)(19)(A) of the Social Security Act is
amended --
(1) by striking out "or" at the end of clause (vii);
(2) by adding "or" after the semicolon at the end of clause
(viii); and
(3) by inserting immediately after clause (viii) the following
new clause:
"(ix) a woman who is pregnant if it has been medically verified
that the child is expected to be born in the month in which such
registration would otherwise be required or within the 3-month
period immediately following such month;".
SEC. 2632. (a) Section 402(a)(17) of the Social Security Act is
amended by adding at the end thereof (after and below subparagraph (B))
the following:
"except that the State may at its option recalculate the period
of ineligibility otherwise determined under subparagraph (A) (but
only with respect to the remaining months in such period) in any
one or more of the following cases: (i) an event occurs which,
had the family been receiving aid under the State plan for the
month of the occurrence, would result in a change in the amount of
aid payable for such month under the plan, or (ii) the income
received has become unavailable to the members of the family for
reasons that were beyond the control of such members, or (iii) the
family incurs, becomes responsible for, and pays medical expenses
(as allowed by the State) in a month of ineligibility determined
under subparagraph (A) (which expenses may be considered as an
offset against the amount of income received in the first month of
such ineligibility);".
(b) Section 402(a)(17) of such Act is further amended --
(1) by striking out "a person specified in paragraph (8)(A)(i)
or (ii)" in the matter preceding subparagraph (A) and inserting in
lieu thereof "a child or relative applying for or receiving aid to
families with dependent children, or any other person whose need
the State considers when determining the income of a family,";
and
(2) effective on the date of the enactment of this Act, by
striking out "an amount of income" in the matter preceding
subparagraph (A) and inserting in lieu thereof "an amount of
earned or unearned income".
SEC. 2633. (a) Section 402(a)(22) of the Social Security Act is
amended by adding at the end thereof (after and below subparagraph (C))
the following:
"except that no recovery need be attempted or carried out under
subparagraph (B) in any case, other than a case involving fraud on
the part of the recipient, where (as determined by the State
agency in accordance with criteria for determining
cost-effectiveness, and with dollar limitations, which shall be
prescribed by the Secretary in regulations) the cost of recovery
would equal or exceed the amount of the overpayment involved;".
(b) Section 402(a)(22)(A) of such Act is amended by inserting after
"current recipeint of such aid" the following: "(including a current
recipeint whose overpayment occurred during a prior period of
eligibility)".
SEC. 2634. (a) Section 402(a)(19)(F)(i) of the Social Security Act
is amended by striking out "will be made" and inserting in lieu thereof
"will be made unless the State agency, after making reasonable efforts,
is unable to locate an appropriate individual to whom such payments can
be made".
(b) Section 402(a)(26)(B) of such Act is amended by inserting before
the semicolon at the end thereof the following: "unless the State
agency, after making reasonable efforts, is unable to locate an
appropriate individual to whom such payments can be made".
SEC. 2635. Section 415(c)(1) of the Social Security Act is amended
by striking out "Any individual" and all that follows down through "be
required to provide" where it first appears and inserting in lieu
thereof the following: "Any individual who is an alien and where
sponsor was a public or private agency shall be ineligible for aid under
a State plan approved under this part during the period of three years
after his or her entry into the United States, unless the State agency
administering such plan determines that such sponsor either no longer
exists or has become unable to meet such individual's needs; and such
determination shall be made by the State plan, and upon such documentary
evidence as it may therein require. Any such individual, and any other
individual who is an alien (as a condition of his or her eligibility for
aid under a State plan approved under this part during the period of
three years after his or her entry into the United States), shall be
required to provide".
SEC. 2636. Section 402(a)(9) of the Social Security Act is amended
by inserting before the semicolon at the end thereof the following: ";
but such safeguards shall not prevent the State agency or the local
agency responsible for the administration of the State plan in the
locality (whether or not the State has enacted legislation allowing
public access to Federal welfare records) from furnishing a State or
local law enforcement officer, upon his request, with the current
address of any recipient if the officer furnishes the agency with such
recipeint's name and social security account number and satisfactorily
demonstrates that such recipient is a fugitive felon, that the location
or apprehension of such felon is within the officer's official duties,
and that the request is made in the proper exercise of those duties".
SEC. 2637. The payment schedule contemplated by section 136 of
Public Law 97-276 for reimbursement of expenditures described in that
section is hereby established as follows:
(1) For expenditures identified in the decree entered by the
United States District Court for the District of Columbia on July
21, 1983, in the case of State of Connecticut v. Heckler, No.
81-2237, and allowed by the Secretary of Health and Human Services
prior to the date of the enactment of this Act, payment shall be
made, by supplemental grant award or otherwise, within 30 days
after the date of the enactment of this Act; and
(2) for any other expenditure described in such section 136
which was identified in such decree or in any other decree entered
by a Federal court in a suit (with respect to such an expenditure)
filed prior to September 30, 1982, payment shall be made, by
supplemental grant award or otherwise, as soon as the expenditure
or portion thereof involved is finally determined by the Secretary
to be an allowable claim under the substantive provisions of the
applicable title of the Social Security Act.
SEC. 2638. (a)(1) Section 414(b)(6) of the Social Security Act is
amended --
(A) by inserting "(A)" before "may"; and
(B) by inserting ", and (B) during one or more of the first
nine months of an individual's employment pursuant to a program
under this section, may apply to the wages of the individual the
provisions of section 402(a)(8)(A)(iv) without regard to the
provisions of (B)(ii)(II) of such section" before the period.
(2) Section 414(c)(3) of such Act is amended --
(A) by inserting "or" after the semicolon in subparagraph (A);
(B) by striking out "a public or nonprofit entity" in
subparagraph (B) and inserting in lieu thereof "any other
employer";
(C) by striking out "; or" in subparagraph (B) and inserting
in lieu thereof a period; and
(D) by striking out subparagraph (C).
(3) Section 414(d) of such Act is amended --
(A) by striking out "for any quarter for expenditures incurred
in operating" and inserting in lieu thereof "for expenditures
incurred in making payments to individuals and employers under";
and
(B) by striking out all after "equal to the" and inserting in
lieu thereof "amount which would otherwise be payable under such
section if the family of each individual employed in the program
established in such State under this section had received the
maximum amount of aid payable under the State plan to such a
family with no income (without regard to adjustments under
subsection (b) of this section) for a period of months equal to
the lesser of (1) nine months, or (2) the number of months in
which such individual was employed in such program.".
(4) Section 414(h) of such Act is amended by inserting "(except
during any period in which such individual is employed under such work
supplementation program)" before the period.
(b) Section 51(c)(2) of the Internal Revenue Code of 1954 is amended
to read as follows:
"(2) ON-THE-JOB TRAINING AND WORK SUPPLEMENTATION PAYMENTS. --
"(A) EXCLUSION FOR EMPLOYERS RECEIVING ON-THE-JOB TRAINING
PAYMENTS. -- The term 'wages' shall not include any amounts paid
or incurred by an employer for any period to any individual for
whom the employer receives federally funded payments for
on-the-job training of such individual for such period.
"(B) REDUCTION FOR WORK SUPPLEMENTATION PAYMENTS TO EMPLOYERS.
-- The amount of wages which would (but for this subparagraph) be
qualified wages under this section for an employer with respect to
an individual for a taxable year shall be reduced by an amount
equal to the amount of payments made to such employer (however
utilized by such employer) with respect to such individual for
such taxable year under a program established under section 414 of
the Social Security Act.".
(c)(1) The amendments made by subsection (a) shall become effective
on the date of the enactment of this Act.
(2) The amendments made by subsection (b) shall apply with respect to
payments made on or after the date of the enactment of this Act.
SEC. 2639. (a) Section 402(a)(36) of the Social Security Act is
amended to read as follows:
"(36) provide, at the option of the State, that in making the
determination for any month under paragraph (7), the State agency
shall not include as income any support or maintenance assistance
furnished to or on behalf of the family which (as determined under
regulations of the Secretary by such State agency as the chief
executive officer of the State may designate) is based on need for
such support and maintenance, including assistance received to
assist in meeting the costs of home energy (including both heating
and cooling), and which is (A) assistance furnished in kind by a
private nonprofit agency, or (B) assistance furnished by a
supplier of home heating oil or gas, by an entity whose revenues
are primarily derived on a rate-of-return basis regulated by a
State or Federal governmental entity, or by a municipal utility
providing home energy.".
(b) Section 1612(b)(13) of such Act is amended to read as follows:
"(13) any support or maintenance assistance furnished to or on
behalf of such individual (and spouse if any) which (as determined
under regulations of the Secretary by such State agency as the
chief executive officer of the State may designate) is based on
need for such support or maintenance, including assistance
received to assist in meeting the costs of home energy including
both heating and cooling), and which is (A) assistance furnished
in kind by a private nonprofit agency, or (B) assistance furnished
by a supplier of home heating oil or gas, by an entity providing
home energy whose revenues are primarily derived on a
rate-of-return basis regulated by a State or Federal governmental
entity, or by a municipal utility providing home energy.".
(c)(1) Section 545 of the Surface Transportation Assistance Act of
1982 is amended by striking out-subsections (a), (b), and (c).
(2) Section 404 of the Social Security Amendments of 1983 is
repealed.
(d) The amendments made by this section shall be effective with
respect to months which begin after September 30, 1984; but sections
402(a)(36) and 1612(b)(13) of the Social Security Act (as amended by
subsections (a) and (b) of this section) shall be effective only with
respect to months which end before October 1, 1987.
SEC. 2640. (a) Section 402(a) of the Social Security Act (as amended
by section 2624 of this Act) is further amended --
(1) by striking out "and" at the end of paragraph (36);
(2) by striking out the period at the end of paragraph (37) and
inserting in lieu thereof "; and"; and
(3) by inserting immediately after paragraph (37) the following
new paragraphs:
"(38) provide that in making the determination under paragraph
(7) with respect to a dependent child and applying paragraph (8),
the State agency shall (except as otherwise provided in this part)
include --
"(A) any parent of such child, and
"(B) any brother or sister of such child, if such brother or
sister meets the conditions described in clauses (1) and (2) of
section 406(a), if such parent, brother, or sister is living in
the same home as the dependent child, and any income of or
available for such parent, brother, or sister shall be included in
making such determination and applying such paragraph with respect
to the family (notwithstanding section 205(j), in the case of
benefits provided under title II); and
"(39) provide that in making the determination under paragraph
(7) with respect to a dependent child whose parent or legal
guardian is under the age selected by the State pursuant to
section 406(a)(2), the State agency shall (except as otherwise
provided in this part) include any income of such minor's own
parents or legal guardians who are living in the same home as such
minor and dependent child, to the same extent that income of a
stepparent is included under paragraph (31).".
(b)(1) Section 457(b) of such Act is amended by redesignating
paragraphs (1), (2), and (3) as paragraphs (2), (3), and (4),
respectively, and by inserting immediately before the paragraph
redesignated as paragraph (2) the following new paragraph:
"(1) the first $50 of such amounts as are collected
periodically which represent monthly support payments shall be
paid to the family without affecting its eligibility for
assistance or decreasing any amount otherwise payable as
assistance to such family during such month:".
(2) Section 457(b) of such Act, as amended by paragraph (1) of this
subsection, is further amended --
(A) by inserting "which are in excess of any amount paid to the
family under paragraph (1) and" after "periodically" in paragraph
(2);
(B) by striking out "paragraph (1)" in paragraph (3) and
inserting in lieu thereof "paragraph (2)"; and
(C) by striking out "paragraphs (1) and (2)" in paragraph (4)
and inserting in lieu thereof "paragraphs (1), (2), and (-)".
(c) Section 402(a)(8)(A) of such Act is amended by striking out "and"
after the semicolon at the end of clause (iv), and by adding after
clause (iv) the following new clause:
"(vi) shall disregard the first $50 of any child support
payments received in such month with respect to the dependent
child or children in any family applying for or receiving aid to
families with dependent children (including support payments
collected and paid to the family under section 457(b)); and".
SEC. 2641. (a) Section 409(a) of the Social Security Act is amended
by adding at the end thereof the following new paragraph:
"(4)(A) Participants in community work experience programs under this
section may, subject to subparagraph (B), perform work in the public
interest (which otherwise meets the requirements of this section) for a
Federal office or agency with its consent, and, notwithstanding section
1342 of title 31, United States Code, or any other provision of law,
such agency may accept such services, but such participants shall not be
considered to be Federal employees for any purpose.
"(B) The State agency shall provide appropriate workers' compensation
and tort claims protection to each participant performing work for a
Federal office or agency pursuant to subparagraph (A) on the same basis
as such compensation and protection are provided to other participants
in community work experience programs in the State.".
(b) The amendment made by subsection (a) shall become effective on
the date of the enactment of this Act.
SEC. 2642. (a) Section 402(a)(18) of the Social Security Act is
amended by inserting before the semicolon at the end thereof the
following: ", except that in determining the total income of the family
the State may exclude any earned income of a dependent child who is a
full-time student, in such amounts and for such period of time (not to
exceed 6 months) as the State may determine".
(b) Section 402(a)(8)(A) of such Act (as amended by section 2640(c)
of this Act) is further amended by striking out "and" after the
semicolon at the end of clause (v), and by adding after clause (vi) the
following new clause:
"(vii) may disregard all or any part of the earned income of a
dependent child who is a full-time student and who is applying for
aid to families with dependent children, but only if the earned
income of such child is excluded for such month in determining the
family's total income under paragraph (18); and".
(c) The amendments made by this section shall become effective June
1, 1984.
SEC. 2646. Except as otherwise specifically provided in this
subtitle, the provisions of parts 1 and 2 and the amendments made
thereby shall take effect on October 1, 1984.
SEC. 2651. (a) Part A of title XI of the Social Security Act (as
amended by section 2630 of this Act) is further amended by adding at the
end thereof the following new section:
"SEC. 1137. (a) In order to meet the requirements of this section, a
State must have in effect an income and eligibility verification system
under which --
"(1) the State shall requrie, as a condition of eligibility for
benefits under any program listed in subsection (b), that each
applicant for or recipient of benefits under that program furnish
to the State his social security account number (or numbers, if he
has more than one such number), and the State shall utilize such
account numbers in the administration of that program so as to
enable the association of the records pertaining to the applicant
or recipient with his account number;
"(2) wage information from agencies administering State
unemployment compensation laws available pursuant to section
3304(a)(16) of the Internal Revenue Code of 1954, wage information
reported pursuant to paragraph (3) of this subsection, and wage,
income, and other information from the Social Security
Administration and the Internal Revenue Service available pursuant
to section 6103(1)(7) of such Code, shall be requested and
utilized to the extent that such information may be useful in
verifying eligibility for, and the amount of, benefits available
under any program listed in subsection (b), as determined by the
Secretary of Health and Human Services (or, in the case of the
unemployment compensation program, by the Secretary of Labor, or,
in the case of the food stamp program, by the Secretary of
Agriculture);
"(3) employers in such State are required, effective September
30, 1988, to make quarterly wage reports to a State agency (which
may be the agency administering the State's unemployment
compensation law) except that the Secretary of Labor (in
consultation with the Secretary of Health and Human Services and
the Secretary of Agriculture) may waive the provisions of this
paragraph if he determines that the State has in effect an
(2) by inserting before the period at the end thereof the
following: "; and (14) provide that information is requested and
exchanged for purposes of income and eligibility verification in
accordance with a State system which meets the requirements of
section 1137 of this Act".
(g) Section 1402(a) of the Social Security Act is amended --
(1) by striking out "and" at the end of clause (11); and
(2) by inserting before the period at the end thereof the
following: "; and (13) provide that information is requested and
exchanged for purposes of income and eligibility verification in
accordance with a State system which meets the requirements of
section 1137 of this Act".
(h) Section 1602(a) of the Socail Security Act (as in effect with
respect to Puerto Rico, Guam, and the Virgin Islands) is amended --
(1) by striking out "and" at the end of paragraph (13);
(2) by striking out the period at the end of paragraph (14) and
inserting in lieu thereof "; and"; and
(3) by inserting after paragraph (14) the following new
paragraph:
"(15) provide that information is requested and exchanged for
purposes of income and eligibility verification in accordance with
a State system which meets the requirements of section 1137 of
this Act.".
(i) Section 11(e)(19) of the Food Stamp Act of 1977 is amended to
read as follows:
"(19) that information is requested and exchanged for purposes
of income and eligibility verification in accordance with a State
system which meets the requirements of section 1137 of the Social
Security Act and that any additional information available from
agencies administering State unemployment compensation laws under
the provisions of section 303(d) of the Social Security Act shall
be requested and utilized by the State agency (described in
section 3(n)(1) of this Act) to the extent permitted under the
provisions of section 303(d) of the Social Security Act;".
(j) Section 1631(e)(1)(B) of the Social Security Act is amended by
adding at the end thereof the following: "For this purpose and for
purposes of federally administered supplementary payments of the type
described in section 1616(a) of this Act (including payments pursuant to
an agreement entered into under section 212(a) of Public Law 93-66), the
Secretary shall, as may be necessary, request and utilize information
available pursuant to section 6103(1)(7) of the Internal Revenue Code of
1954, and any information which may be available from State systems
under section 1137 of this Act, and shall comply with the requirements
applicable to States (with respect to information available pursuant to
section 6103(1)(7)(B) of such Code) under subsections (a)(6) and (c) of
such section 1337.
(k)(1) Section 6103(l)(7) of the Internal Revenue Code of 1954 is
amended to read as follows:
"(7) DISCLOSURE OF RETURN INFORMATION TO FEDERAL, STATE, AND
LOCAL AGENCIES ADMINISTERING CERTAIN PROGRAMS UNDER THE SOCIAL
SECURITY ACT OR THE FOOD STAMP ACT OF 1977. --
"(A) RETURN INFORMATION FROM SOCIAL SECURITY ADMINISTRATION.
-- The Commissioner of Socail Security shall, upon written
request, disclose return information from returns with respect to
net earnings from self-employment (as defined in section 1402),
wages (as defined in section 3121(a) or 3401(a)), and payments of
retirement income, which have been disclosed to the Social
Security Administration as provided by paragraph (1) or (5) of
this subsection, to any Federal, State, or local agency
administering a program listed in subparagraph (D).
"(B) RETURN INFORMATION FROM INTERNAL REVENUE SERVICE. -- The
Secretary shall, upon written request, disclose current return
information from returns with respect to unearned income from the
Internal Revenue Service files to any Federal, State, or local
agency administering a program listed in subparagraph (D).
"(C) RESTRICTION ON DISCLOSURE. -- The Commissioner of Social
Security and the Secretary shall disclose return information under
subparagraphs (A) and (B) only for purposes of, and to the extent
necessary in, determining eligibility for, or the correct amount
of, benefits under a program listed in subparagraph (D).
"(D) PROGRAMS TO WHICH RULE APPLIES. -- The programs to which
this paragraph applies are:
"(i) aid to families with dependent children provided under a
State plan approved under part A of title IV of the Social
Security Act;
"(ii) medical assistance provided under a State plan approved
under title XIX of the Social Security Act;
"(iii) supplemental security income benefits provided under
title XVI of the Social Security Act, and federally administered
supplementary payments of the type described in section 1616(a) of
such Act (including payments pursuant to an agreement entered into
under section 212(a) of Public Law 93-66);
"(iv) any benefits provided under a State plan approved under
title I, X, XIV, or XVI of the Social Security Act (as those
titles apply to Puerto Rico, Guam, and the Virgin Islands);
"(v) unemployment compensation provided under a State law
described in section 3304 of this Code;
"(vi) assistance provided under the Food Stamp Act of 1977;
and
"(vii) State-administered supplementary payments of the type
described in section 1616(a) of the Social Security Act (including
payments pursuant to an agreement entered into under section
212(a) of Public Law 93-66).".
(2) Section 6103(a)(2) of such Code is amended by striking out "or of
any local child support enforcement agency" and inserting in lieu
thereof ", any local child support enforcement agency, or any local
agency administering a program listed in subsection (1)(7)(D)".
(l)(1) The amendments made by subsections (j) and (k) shall become
effective on the date of the enactment of this Act.
(2) Except as otherwise specifically provided, the amendments made by
subsections (a) through (i) shall become effective on April 1, 1985. In
the case of any State which submits a plan describing a good faith
effort by such State to come into compliance with the requirements of
such subsections, the Secretary of Health and Human Services (or, in the
case of the State unemployment compensation program, the Secretary of
Labor, or, in the case of the food stamp program, the Secretary of
Agriculture) may by waiver grant a delay in the effective date of such
subsections, except that no such waiver may delay the effective date of
section 1137(c) of the Social Security Act (as added by subsection (a)
of this section), or delay the effective date of any other provision of
or added by this section beyond September 30, 1986.
SEC. 2652. (a)(1) Subchapter II of chapter 37 of title 31, United
States Code, is amended by adding at the end thereof the following new
section:
"Section 3720. Collection of payments
"(a) Each head of an executive agency (other than an agency subject
to section 9 of the Act of May 18, 1933 (48 Stat. 63, chapter 32; 16
U.S.C. 831h)) shall, under such regulations as the Secretary of the
Treasury shall prescribe, provide for the timely deposit of money by
officials and agents of such agency in accordance with section 3302, and
for the collection and timely deposit of sums owed to such agency by the
use of such procedures as withdrawals and deposits by electronic
transfer of funds, automatic withdrawals from accounts at financial
institutions, and a system under which financial institutions receive
and deposit, on behalf of the executive agency, payments transmitted to
post office lockboxes. The Secretary is authorized to collect from any
agency not complying with the requirements imposed pursuant to the
preceding sentence a charge in an amount the Secretary determines to be
the cost to the general fund caused by such noncompliance.
"(b) The head of an executive agency shall pay to the Secretary of
the Treasury charges imposed pursuant to subsection (a). Payments shall
be made out of amounts appropriated or otherwise made available to carry
out the program to which the collections relate. The amounts of the
charges paid under this subsection shall be deposited in the Cash
Management Improvements Fund established by subsection (c).
"(c) There is established in the Treasury of the United States a
revolving fund to be known as the 'Cash Management Improvements Fund'.
Sums in the fund shall be available without fiscal year limitation for
the payment of expenses incurred in developing the methods of collection
and deposit described in subsection (a) of this section and the expenses
incurred in carrying out collections and deposits using such methods,
including the costs of personal services and the costs of the lease or
purchase of equipment and operating facilities.".
(2) The analysis of subchapter II of chapter 37 of title 31, United
States Code, is amended by adding at the end thereof the following new
item:
"3720. Collection of payments.".
(3) The Secretary of the Treasury shall prescribe regulations,
including regulations under section 3720 of title 31, United States
Code, designed to achieve by October 1, 1986, full implementation of the
purposes of this subsection.
(b)(1) Subsection (c) of section 3302 of title 31, United States
Code, is amended --
(A) by inserting "(1)" after the subsection designation;
(B) by striking out ", but not later than the 30th day after
the custodian receives the money,";
(C) by inserting after the first sentence the following new
sentence: "Except as provided in paragraph (2), money required to
be deposited pursuant to this subsection shall be deposited not
later than the third day after the custodian receives the money,";
and
(D) by adding at the end thereof the following new paragraph:
"(2) The Secretary of the Treasury may by regulation prescribe that a
person having custody or possession of money required by this subsection
to be deposited shall deposit such money during a period of time that is
greater or lesser than the period of time specified by the second
sentence of paragraph (1).".
(2) The amendments made by this subsection shall become effective
January 1, 1985.
SEC. 2653. (a)(1) Subchapter II of chapter 37 of title 31, United
States Code, as amended by section 2652(a)(1) of this Act, is further
amended by adding at the end thereof the following new section:
"Section 3720A. Reduction of tax refund by amount of debt
"(a) Any Federal agency that is owed a past-due legally enforceable
debt (other than any OASDI overpayment and past-due support) by a named
person shall, in accordance with regulations issued pursuant to
subsection (d), notify the Secretary of the Treasury of the amount of
such debt.
"(b) No Federal agency may take action pursuant to subsection (a)
with respect to any debt until such agency --
"(1) notifies the person incurring such debt that such agency
proposes to take action pursuant to such paragraph with respect to
such debt;
"(2) gives such person at least 60 days to present evidence
that all or part of such debt is not past-due or not legally
enforceable;
"(3) considers any evidence presented by such person and
determines that an amount of such debt is past due and legally
enforceable; and
"(4) satisfies such other conditions as the Secretary may
prescribe to ensure that the determination made under paragraph
(3) with respect to such debt is valid and that the agency has
made reasonable efforts to obtain payment of such debt.
"(c) Upon receiving notice from any Federal agency that a named
person owes to such agency a past-due legal enforceable debt, the
Secretary of the Treasury shall determine whether any amounts, as
refunds of Federal taxes paid, are payable to such person. If the
Secretary of the Treasury finds that any such amount is payable, he
shall reduce such refunds by an amount equal to the amount of such debt,
pay the amount of such reduction to such agency, and notify such agency
of the individual's home address.
"(d) The Secretary of the Treasury shall issue regulations
prescribing the time or times at which agencies must submit notices of
past-due legally enforceable debts, the manner in which such notices
must be submitted, and the necessary information that must be contained
in or accompany the notices. The regulations shall specify the minimum
amount of debt to which the reduction procedure established by
subsection (c) may be applied and the fee that an agency must pay to
reimburse the Secretary of the Treasury for the full cost of applying
such procedure. Any fee paid to the Secretary pursuant to the preceding
sentence may be used to reimburse appropriations which bore all or part
of the cost of applying such procedure.
"(e) Any Federal agency receiving notice from the Secretary of the
Treasury that an erroneous payment has been made to such agency under
subsection (c) shall pay promptly to the Secretary, in accordance with
such regulations as the Secretary may prescribe, an amount equal to the
amount of such erroneous payment (without regard to whether any other
amounts payable to such agency under such subsection have been paid to
such agency).
"(f) For purposes of this section --
"(1) the term 'Federal agency' means a department, agency, or
instrumentality of the United States (other than an agency subject
to section 9 of the Act of May 18, 1933 (48 Stat. 63, chapter 32;
16 U.S.C. 831h)), and includes a Government corporation (as such
term is defined in section 103 of title 5, United States Code);
"(2) the term 'past-due support' means any delinquency subject
to section 464 of the Social Security Act; and
"(3) the term 'OASDI overpayment' means any overpayment of
benefits made to an individual under title II of the Social
Security Act".
(2) The analysis of subchapter II of chapter 37 of title 31, Unted
States Code, as amended by section 2652(a)(2) of this Act, is further
amended by adding at the end thereof the following new item:
"3720A. Reduction of tax refund by amount of debt.".
(b)(1) Section 6402 of the Internal Revenue Code of 1954 (relating to
authority to make credits or refunds) is amended by adding at the end
thereof the following new subsections:
"(d) COLLECTION OF DEBTS OWED TO FEDERAL AGENCIES. --
"(1) IN GENERAL. -- Upon receiving notice from any Federal
agency that a named person owes a past-due legally enforceable
debt (other than any OASDI overpayment and past-due support
subject to the provisions of subsection (c)) to such agency, the
Secretary shall --
"(A) reduce the amount of any overpayment payable to such
person by the amount of such debt;
"(B) pay the amount by which such overpayment is reduced under
subparagraph (A) to such agency; and
"(C) notify the person making such overpayment that such
overpayment has been reduced by an amount necessary to satisfy
such debt.
"(2) PRIORITIES FOR OFFSET. -- Any overpayment by a person shall be
reduced pursuant to this subsection after such overpayment is reduced
pursuant to subsection (c) with respect to past-due support collected
pursuant to an assignment under section 402(a)(26) of the Social
Security Act and before such overpayment is credited to the future
liability for tax of such person pursuant to subsection (b). If the
Secretary receives notice from a Federal agency or agencies of more than
one debt subject to paragraph (1) that is owed by a person to such
agency or agencies, any overpayment by such person shall be applied
against such debts in the order in which such debts accrued.
"(3) DEFINITIONS. -- For purposes of this subsection the term
'OASDI overpayment' means any overpayment of benefits made to an
individual under title II of the Social Security Act.
"(e) REVIEW OF REDUCTIONS. -- No court of the United States shall
have jurisdiction to hear any action, whether legal or equitable,
brought to restrain or review a reduction authorized by subsection (c)
or (d). No such reduction shall be subject to review by the Secretary
in an administrative proceeding. No action brought against the United
States to recover the amount of any such reduction shall be considered
to be a suit for refund of tax. This subsection does not preclude any
legal, equitable, or administrative action against the Federal agency to
which the amount of such reduction was paid.
"(f) FEDERAL AGENCY. -- For purposes of this section, the term
'Federal agency' means a department, agency, or instrumentality of the
United States (other than an agency subject to section 9 of the Act of
May 18, 1933 (48 Stat. 63, chapter 32; 16 U.S.C. 831h)), and includes a
Government corporation (as such term is defined in section 103 of title
5, United States Code).
"(g) CROSS REFERENCE. -- For procedures relating to agency
notification of the Secretary, see section 3721 of title 31, United
States Code.".
(2) Subsection (a) of section 6402 of such Code is amended by
striking out "subsection (c)" and inserting in lieu thereof "subsections
(c) and (d)".
(3)(A) Subsection (1) of section 6103 of such Code (relating to
confidentiality and disclosure of returns and information), as amended
by section 453 of this Act, is further amended by adding at the end
thereof the following new paragraph:
"(10) DISCLOSURE OF CERTAIN INFORMATION TO AGENCIES REQUESTING
A REDUCTION UNDER SECTION 6402(c) OR 6402(d). --
"(A) RETURN INFORMATION FROM INTERNAL REVENUE SERVICE. -- The
Secretary may, upon receiving a written request, disclose to
officers and employees of an agency seeking a reduction under
section 6402(c) or 6402(d) --
"(i) the fact that a reduction has been made or has not been
made under such subsection with respect to any person;
"(ii) the amount of such reduction; and
"(iii) taxpayer identifying information of the person against
whom a reduction was made or not made.
"(B) RESTRICTION ON USE OF DISCLOSED INFORMATION. -- Any
officers and employees of an agency receiving return information
under subparagraph (A) shall use such information only for the
purposes of, and to the extent necessary in, establishing
appropriate agency records or in the defense of any litigation or
administrative procedure ensuing from reduction made under section
6402(c) or section 6402(d).".
(B)(i) Section 6103(p)(3)(A) of such Code (relating to procedure and
recordkeeping), as so amended, is amended by striking out "or (9)" and
inserting in lieu thereof "(9), or (10)".
(ii) Section 6103(p)(4) of such Code, as so amended, is amended by
striking out "(l)(1), (2), (3), or (5)" and inserting in lieu thereof
"(l) (1), (2), (3), (5), or (10)".
(iii) Section 6103(p)(4)(F)(ii) of such Code, as so amended, is
amended by striking out "(l)(1), (2), (3), or (5)" and inserting in lieu
thereof "(l)(1), (2), (3), (5), or (10)".
(4) Section 7213(a)(2) of such Code (relating to unauthorized
disclosure of information), as so amended, is amended by striking out
"(l) (6), (7), (8), or (9)" and inserting in lieu thereof "(l)(6), (7),
(8), (9), or (10)".
(c) The amendments made by this section shall apply with respect to
refunds payable under section 6402 of the Internal Revenue Code of 1954
after December 31, 1985, and before January 1, 1988.
SEC. 2661. (a) Section 201(l)(3)(B)(i) of the Social Security Act is
amended by inserting "Insurance" after "Survivors".
(b)(1) Section 202(c)(1) of such Act is amended (in the matter
appearing between subparagraphs (D) and (E) of such section) --
(A) by striking out all that follows "has attained" and
precedes ", the first month" in clause (i) and inserting in lieu
thereof "retirement age (as defined in section 216(l))";
(B) by striking out all that follows "has not attained" and
precedes ", or" in clause (ii)(I) and inserting in lieu thereof
"retirement age (as defined in section 216(l))"; and
(C) by striking out "to which" in the matter following clause
(ii) and inserting in lieu thereof "in which".
(2) Section 202(c)(5)(A) of such Act is amended by striking out
"classes (i) and (ii)" and inserting in lieu thereof "clauses (i) and
(ii)".
(c)(1) Section 202(e)(2)(A) of such Act is amended by striking out
all that follows "subsection (q)," and precedes "subparagraph (D) of
this paragraph" and inserting in lieu thereof "paragraph (7) of this
subsection, and".
(2) Section 202(e)(2)(C) of such Act is amended --
(A) by striking out the period immediately after "deceased
individual"; and
(B) by inserting a closing parenthesis after "paragraph (3) of
such subsection (w)".
(3) Paragraph (7) of section 202(e) of such Act is amended by
striking out "paragraph (2)(B)," and inserting in lieu thereof
"paragraph (2)(D),".
(d)(1) Section 202(f)(1)(C)(ii) of such Act is amended by striking
out all that follows "attained" and precedes ", and" and inserting in
lieu thereof "retirement age (as defined in section 216(l))".
(2) Section 202(f)(2)(A) of such Act is amended by striking out
"paragraph (3)(B)," and inserting in lieu thereof "paragraph (3)(D),".
(3) Section 202(f)(3)(C) of such Act is amended by striking out the
period immediately after "deceased individual".
(e) Section 202(q)(9)(B)(i) of such Act is amended by striking out
"section 216(a)" and inserting in lieu thereof "section 216(l)".
(f) Section 202(x) of such Act is amended by adding at the beginning
thereof the following heading:
(g)(1)(A) Section 203(d) of such Act is amended --
(i) by striking out "on seven or more different calendar days
of which he engaged" in paragraph (1)(A) and inserting in lieu
thereof "for more than forty-five hours of which such individual
engaged"; and
(ii) by striking out "on seven or more different calendar days"
in paragraph (2) and inserting in lieu thereof "for more than
forty-five hours".
(B) The amendments made by subparagraph (A) shall apply only with
respect to months beginning with the second month after the month in
which this Act is enacted.
(2)(A) Section 203(f) of such Act is amended by adding at the end
thereof the following new paragraph:
"(9) For purposes of paragraphs (3), (5)(D)(i), and (8)(D), the
term 'retirement age (as defined in section 216(l))', with respect
to any individual entitled to monthly insurance benefits under
section 202, means the retirement age (as so defined) which is
applicable in the case of old-age insurance benefits, regardless
of whether or not the particular benefits to which the individual
is entitled (or the only such benefits) are old-age insurance
benefits.".
(B) The amendment made by subparagraph (A) shall be effective as
though it had been enacted on April 20, 1983, as a part of section 201
of the Social Security Amendments of 1983.
(h) Section 205(r) of such Act is amended --
(1) by striking out "(r)(3)(A) and (r)(3)(B)" in paragraph (4)
and inserting in lieu thereof "subparagraphs (A) and (B) of
paragraph (3)";
(2) by striking out "the Act" in paragraph (7) and inserting in
lieu thereof "this Act"; and
(3) by striking out the heading and inserting in lieu thereof
the following:
"Use of Death Certificates to Correct Program Information".
(i)(1) Section 209(e) of such Act is amended by striking out the
semicolon after "Act of 1974".
(2) The next to last unnumbered paragraph of section 209 of such Act
is amended by striking out "section 414(h)(2) of such Code" in
subdivision (2) and inserting in lieu thereof "section 414(h)(2) of such
Code where the pickup referred to in such section is pursuant to a
salary reduction agreement (whether evidenced by a written instrument or
otherwise)".
(j) Section 210(a) of such Act, in the matter preceding paragraph
(1), is amended by striking out the matter which follows "such
affiliate" and precedes "or (C)" and the matter which follows "section
233" and precedes "except", and by inserting in lieu thereof a comma and
a semicolon, respectively.
(k)(1) Section 215(a)(7)(B)(ii)(I) of such Act is amended by striking
out "who initially become eligible for old-age or disability insurance
benefits" and inserting in lieu thereof "who become eligible (as defined
in paragraph (3)(B)) for old-age insurance benefits (or became eligible
as so defined for disability insurance benefits before attaining age
62)".
(2) Section 215(a)(7)(C)(ii) of such Act is amended by striking out
"survivors" and inserting in lieu thereof "survivor's".
(3) Section 215(f)(9)(B)(i) of such Act is amended by striking out
"as though such primary insurance amount had initially been computed
without regard to subsection (a)(7) or (d)(5)" and inserting in lieu
thereof "as though the recomputed primary insurance amount were being
computed under subsection (a)(7) or (d)(5)".
(4) Section 215(i)(5)(A) of such Act is amended by adding at the end
thereof the following new sentence: "Any amount so increased that is
not a multiple of $0.10 shall be decreased to the next lower multiple of
$0.10.".
(5) Section 215(i)(5)(B) of such Act is amended --
(A) by striking out clause (iii) and inserting in lieu thereof
the following:
"(iii) multiplying such quotient by 100 so as to yield such
applicable additional percentage (which shall be rounded to the
nearest one-tenth of 1 percent),";
(B) by striking out "ending with such subsequent calendar year"
in clauses (iv) and (v) and inserting in lieu thereof "ending with
the year before such subsequent calendar year"; and
(C) by striking out "initially became eligible for an old-age
or disability insurance benefit" in clause (iv) and inserting in
lieu thereof "became eligible (as defined in subsection (a)(3)(
B)) for the old-age or disability insurance benefit that is being
increased under this subsection".
(l)(1) Section 216(f) of such Act is amended by adding at the end
thereof the following new sentence: "For purposes of subparagraph (C)
of section 202(c)(1), a divorced husband shall be deemed not to be
married throughout the month which he becomes divorced.".
(2) Section 216(h)(3)(A)(i) of such Act (as in effect after the
application of section 2662(c)(1) of this Act) is amended by striking
out "(as defined in section 216(l))" and inserting in lieu thereof "(as
defined in subsection (l))".
(3) Section 216(i)(2) of such Act (as amended by section 2662(c)(1)
of this Act) is amended by striking out "(as defined in section 216(
l))" in subparagraphs (B) and (D) and inserting in lieu thereof "(as
defined in subsection (l))".
(m) Subparagraph (B) of section 223(c)(1) of such Act is amended by
moving clause (iii) two ems to the left, and by moving the preceding
provisions of such subparagraph two ems to the right, so that the left
margin of such subparagraph and its clauses is indented four ems and is
aligned with the margin of subparagraph (A) of such section.
(n) Section 229(b) of such Act is amended by adding at the end
thereof the following new sentence: "Additional adjustments may be made
in the amounts so authorized to be appropriated to the extent that the
amounts transferred in accordance with clauses (i) and (ii) of section
151(b)(3)(B) of the Social Security Amendments of 1983 with respect to
wages deemed to have been paid in 1983 were in excess of or were less
than the amount which the Secretary, on the basis of appropriate data,
determines should have been so transferred.".
(o)(1) Subsection (f) of section 86 of the Internal Revenue Code of
1954 is amended by redesignating paragraphs (1), (2), (3), and (4) as
paragraphs (2), (3), (4), and (5), respectively, and by inserting before
paragraph (2) (as so redesignated) the following new paragraph:
"(1) section 37(c)(3)(A) (relating to reduction for amounts
received as pension or annuity),".
(2) Subsection (a) of section 134 of such Code is amended by striking
out paragraphs (6) and (7) and by redesignating paragraph (8) as
paragraph (6).
(3) Effective January 1, 1984, subparagraph (B) of section 3121(v)(
1) of such Code is amended to read as follows:
"(B) any amount treated as an employer contribution under
section 414(h)(2) where the pickup referred to in such section is
pursuant to a salary reduction agreement (whether evidenced by a
written instrument or otherwise).".
(4) Effective January 1, 1985, subparagraph (B) of section 3306(r)(
1) of such Code is amended to read as follows:
"(B) any amount treated as an employer contribution under
section 414(h)(2) where the pickup referred to in such section is
pursuant to a salary reduction agreement (whether evidenced by a
written instrument or otherwise).".
(5) Section 6334(c) of such Code is amended by inserting "(including
section 207 of the Social Security Act)" immediately after "any other
law of the United States".
SEC. 2662. (a) Section 101(d) of the Social Security Amendments of
1983 (Public Law 98-21) is amended by striking out "remuneration paid"
and inserting in lieu thereof "service performed".
(b) Section 112(f) of such Amendments is amended by inserting "of
such Act" after "section 201(a)".
(c) Section 201(c) of such Amendments is amended --
(1) by inserting "the" immediately before "age of 65" in
paragraph (1); and
(2) by inserting "the" immediately before "age of sixty-five"
in paragraph (3).
(d) Section 301(a)(5) of such Amendments is amended by striking out
"Section 202(c)" and inserting in lieu thereof "Effective with respect
to monthly insurance benefits for months after December 1984 (but only
on the basis of applications filed on or after January 1, 1985), section
202(c)".
(e) Section 305(d)(2) of such Amendments is amended by inserting each
place it appears" immediately before "in subsection (c)(4)(C)".
(f)(1) Section 422A(c)(9) of the Internal Revenue Code of 1954
relating to special rule when disabled) is amended by striking out
section 105(d)(4)" and inserting in lieu thereof "section 37(e)(3)".
(2)(A) Section 324(d)(1) of the Social Security Amendments of 1983 as
amended by adding at the end thereof the following new sentence: "For
purposes of applying such amendments to remuneration paid after December
31, 1983, which would have been taken into account before January 1,
1984, if such amendments had applied to periods before January 1, 1984,
such remuneration shall be taken into account when paid (or, at the
election of the payor, at the time which would be appropriate if such
amendments had applied).".
(B) Section 324(d)(2) of such Amendments is amended by adding at the
end thereof the following new sentence: "For purposes of applying such
amendments to remuneration paid after December 31, 1984, which would
have been taken into account before January 1, 1985, if such amendments
had applied to periods before January 1, 1985, such remuneration shall
be taken into account when paid (or, at the election of the payor, at
the time which would be appropriate if such amendments had applied).".
(C) Section 324(d)(4) of such Amendments is amended by adding at the
end thereof the following new sentence: "For purposes of this
paragraph, any plan or agreement to make payments described in paragraph
(2), (3), or (13)(A)(iii) of section 3121(a) of such Code (as in effect
on the day before the date of the enactment of this Act) shall be
treated as a nonqualified deferred compensation plan.".
(g) Section 327(d) of such Amendments (relating to codification of
Rowan decision with respect to meals and lodging) is amended to read as
follows:
"(d)(1) The amendment made by subsection (a) shall apply to
remuneration paid after December 31, 1983.
"(2) The amendments made by subsection (b) and subsection (c)(4)
shall apply to remuneration (other than amounts excluded under section
119 of the Internal Revenue Code of 1954) paid after March 4, 1983, and
to any such remuneration paid on or before such date which the employer
treated as wages when paid.
"(3) The amendments made by paragraphs (1), (2), and (3) of
subsection (c) shall apply to remuneration paid after December 31,
1984.".
(h)(1) Section 338(b) of such Amendments is amended by adding at the
end thereof the following new paragraph:
"(6) The provisions of section 8344 of title 5, United States Code,
shall not apply to service by an individual as a member of the Panel.".
(2) The amendment made by this subsection shall take effect on
January 1, 1984.
(i) Section 339(b) of such Amendments is amended to read as follows:
"(b) Section 223 of such Act is amended by adding at the end thereof
the following new subsection:
"'(h) For provisions relating to limitation on payments to prisoners,
see section 202(x).'.".
(j) Section 111(e) of such Amendments is amended by inserting
"Budget" before "Reconciliation".
SEC. 2663. (a)(1)(A) The fourth sentence of section 201(d) of the
Social Security Act is amended --
(i) by striking out "the Second Liberty Bond Act, as amended,"
and inserting in lieu thereof "chapter 31 of title 31, United
States Code,"; and
(ii) by striking out "public-debt obligation" and inserting in
lieu thereof "public-debt obligations".
(B) Section 201(g)(1)(B) of such Act is amended by striking out
"clauses" in the first sentence and inserting in lieu thereof "clause".
(2)(A)(i) Section 202(d)(1) of such Act, in clause (ii) in the matter
which follows subparagraph (C) and precedes subparagraph (D), is amended
by striking out "paragraphs" and "paragraph" and inserting in lieu
thereof "subparagraphs" and "subparagraph", respectively.
(ii) Section 202(d)(1)(G) of such Act is amended --
(I) by striking out the comma after "age of 18";
(II) by striking out "the age of 22," and inserting in lieu
thereof "the age of 22 -- ";
(III) by striking out ", or, subject to section 223(e), the
termination month (and for purposes" and inserting in lieu thereof
the following:
"(i) the termination month, subject to section 223(e)(and for
purposes";
(IV) by striking out "after the 15 months" and all that follows down
through "such earlier month." and inserting in lieu thereof the
following:
"after the 15 months following such period of trial work in
which he engages or is determined able to engage in substantial
gainful activity),
or (if later) the earlier of --
"(ii) the first month during no part of which he is a full-time
elementary or secondary school student, or
"(iii) the month in which he attains the age of 19, but only if
he was not under a disability (as so defined) in such earlier
month."; and
(V) by indenting all of clause (i) (as designated and amended
by the preceding provisions of this subparagraph) four ems, so as
to align its left margin with the margins of clauses (ii) and
(iii) (as so designated).
(iii) The second sentence of section 202(d)(7)(A) of such Act is
amended by striking out "the date of the enactment of this paragraph"
and inserting in lieu thereof "the effective date of this sentence".
(B) Section 202(e)(1) of such Act is amended --
(i) by striking out the first comma after "age 60" in the
matter following subparagraph (F)(ii); and
(ii) by striking out "he engages" in the last sentence and
inserting in lieu thereof "she engages".
(C) Section 202(f)(1) of such Act is amended by striking out the
first comma after "age 60" in the matter following subparagraph (f)(
ii).
(D) Section 202(f)(3)(D)(i) of such Act is amended by striking out
the semicolon after "applicable,".
(E) Section 2202(a)(1)(B) of Public Law 97-35 is amended by striking
out "as".
(F)(i) Section 202(q)(3)(G) of the Social Security Act is amended by
striking out "as if the period" and inserting in lieu thereof "if the
period".
(ii) Section 202(q)(7)(E) of such Act is amended by striking out "he
attained retirement age" and inserting in lieu thereof "she or he
attained retirement age".
(G) Section 202(t)(4)(E) of such Act is amended --
(i) by inserting "of 1937 or 1974" after "Railroad Retirement
Act" where it first appears; and
(ii) by inserting before the semicolon at the end thereof the
following: "of 1937 or section 18(2) of the Railroad Retirement
Act of 1974".
(H) Section 202(u)(1)(B) of such Act is amended by striking out 112,
or 113".
(3)(A) Section 203(a)(8) of such Act is amended by adding a period
the end thereof.
(B) Section 203(d)(2) of such Act is amended by striking out "an
individual who is entitled" and inserting in lieu thereof "an individual
under the age of seventy who is entitled".
(C) Section 203(f)(5)(B)(ii) of such Act is amended by striking out
"702(a)(9)" and inserting in lieu thereof "702(a)(8)".
(D) Section 203(f)(8) of such Act is amended by indenting
subparagraph (B) and (C) two additional ems (for a total indentation of
four ems) so as to align their left margins with the margins of
subparagraphs (A) and (D).
(4)(A) Section 205(c)(5)(D) of such Act is amended by inserting "of
1937 or 1974" after "Railroad Retirement Act" each place it appears.
(B) Section 205(c)(5)(I) of such Act is amended by inserting before
the semicolon at the end thereof the following: "or section 7(b)(7) of
the Railroad Retirement Act of 1974".
(C) Section 205(e) of such Act is amended by striking out "on order"
and inserting in lieu thereof "an order".
(D) Section 205(h) of such Act is amended by striking out "section 24
of the Judicial Code of the United States" and inserting in lieu thereof
"section 1331 or 1346 of title 28, United States Code,".
(E) Section 205(i) of such Act is amended by striking out all that
follows "through" and precedes "and prior" and inserting in lieu thereof
"the Fiscal Service of the Department of the Treasury,".
(F) Section 205(p)(1) of such Act is amended by striking out "section
1420(e) of the Internal Revenue Code" and inserting in lieu thereof
"section 3122 of the Internal Revenue Code of 1954".
(5) Section 208 of such Act is amended by indenting paragraphs (f)
through (h) two ems so as to align their left margins with the margins
of paragraphs (a) through (e) (and by appropriately further indenting
subdivisions (1), (2), and (3) of paragraph (g)).
(6)(A) Section 209 of such Act is amended --
(i) by indenting paragraphs (5) through (9) of subsection (a)
two ems so as to align their left margins with the margins of the
preceding paragraphs of such subsection;
(ii) by striking out "(p) Remuneration" and inserting in lieu
thereof "(p)(1) Remuneration";
(iii) by striking out the period at the end of paragraph (p)(
1) as redesignated by clause (ii) of this subparagraph and
inserting in lieu thereof a semicolon;
(iv) by striking out "(p) Any contribution" and inserting in
lieu thereof "(2) Any contribution"; and
(v) by indenting subsections (e), (f), and (k) through (r) two
ems so as to align their left margins with the margins of
subsections (a) through (d) and subsections (g), (h), and (j)
(appropriately further indenting paragraphs (1) and (2) of
subsection (f) and paragraphs (1) and (2) of subsection (m)).
(B) The seventh unnumbered paragraph from the end of section 209 of
such Act (relating to remuneration for service performed as a member of
a uniformed service) is amended by striking out "section 102(10) of the
Servicemen's and Veterans' Survivor Benefits Act" and inserting in lieu
thereof "chapter 3 and section 1009 of title 37, United States Code".
(7)(A) Section 210(a)(1) of such Act is amended by striking out "(A)"
and all that follows down through "or (B)".
(B) Section 210(a)(7) of such Act is amended by indenting
subparagraph (D) two additional ems (for a total indentation of four
ems) so as to align its left margin with the margins of subparagraphs
(A) through (C).
(C) Section 210(a)(9) of such Act is amended by striking out "section
1532 of the Internal Revenue Code" and inserting in lieu thereof
"section 3231 of the Internal Revenue Code of 1954".
(D) Section 210(a)(19) of such Act is amended by striking out the
comma after "; or".
(E) Section 210(l)(2) of such Act is amended --
(i) by striking out "section 102 of the Servicemen's and
Veterans' Survivor Benefits Act" and inserting in lieu thereof
paragraph (21) of section 101 of title 38, United States Code";
and
(ii) by striking out "such section" and inserting in lieu
thereof "paragraph (22) of such section".
(F) Section 210(l)(3) of such Act is amended by striking out "such
section 102" and inserting in lieu thereof "paragraph (23) of such
section 101".
(G) Section 210(m) of such Act is amended --
(i) by striking out "a reserve component of a uniformed service
as defined in section 102(3) of the Servicemen's and Veterans'
Survivor Benefits Act" in the first sentence and inserting in lieu
thereof "a reserve component as defined in section 101(27) of
title 38, United States Code";
(ii) by inserting ", the National Oceanic and Atmospheric
Administration Corps," after "Coast and Geodetic Survey" in the
first sentence;
(iii) by striking out "military or naval" each place it appears
in paragraph (5) and inserting in lieu thereof "military, naval,
or air"; and
(iv) by striking out "Universal Military Training and Service
Act" in paragraph (5)(B) and inserting in lieu thereof "Military
Selective Service Act".
(8)(A) Section 211(a) of such Act is amended by striking out chapter
1 of the Internal Revenue Code", "such chapter", and section 183 of such
code" in the matter preceding paragraph (1) and inserting in lieu
thereof "subtitle A of the Internal Revenue Code of 1954", "such
subtitle", and "section 702(a)(8) of such Code", respectively.
(B) Section 211(a)(3) of such Act is amended --
(i) by striking out "chapter 1 of the Internal Revenue Code"
and inserting in lieu thereof "subtitle A of the Internal Revenue
Code of 1954"; and
(ii) by inserting "or" before "(C)".
(C) Section 211(a)(4) of such Act is amended by striking out section
23(s) of such code" and inserting in lieu thereof "section 172 of the
Internal Revenue Code of 1954".
(D) Section 211(a) of such Act is further amended by striking out
(ILLEGIBLE)
(G) Section 211(c)(3) of such Act is amended by striking out "section
1532 of the Internal Revenue Code" and inserting in lieu thereof
"section 3231 of the Internal Revenue Code of 1954".
(H) Section 211(d) of such Act is amended by striking out "supplement
F of chapter 1 of the Internal Revenue Code" and inserting in lieu
thereof "subchapter K of chapter 1 of the Internal Revenue Code of
1954".
(I) Section 211(e) of such Act is amended by striking out "chapter 1
of the Internal Revenue Code", "chapter 1 of such code", and "such
chapter 1" and inserting in lieu thereof "subtitle A of the Internal
Revenue Code of 1954", "subtitle A of such Code", and "such subtitle A",
respectively.
(9)(A) Section 213(a)(1) of such Act is amended by striking out
"means" and inserting in lieu thereof "mean".
(B) Section 213(a)(2)(B)(ii) of such Act is amended by striking out
"equal to $3,000" and inserting in lieu thereof "equal $3,000".
(10)(A) Section 215(a)(1) of such Act is amended --
(i) by striking out "of such benefits" in subparagraph (B)(i)
and inserting in lieu thereof "for such benefits";
(ii) by striking out "amounts" in subparagraph (B)(iii) and
inserting in lieu thereof "amount"; and
(iii) by striking out "section 217" in subparagraph (C)(ii) and
inserting in lieu thereof "section 217".
(B) Section 215(a)(4) of such Act is amended by indenting
subparagraph (B) two ems so as to align its left margin with the margin
of subparagraph (A) (and by appropriately further indenting clauses (i)
and (ii) of such subparagraph (B)).
(C) Section 215(f)(2)(A) of such Act is amended by striking out
"primary insurance account" and inserting in lieu thereof "primary
insurance amount".
(D) Section 215(h) of such Act is amended --
(i) by adding at the beginning thereof the following heading:
"Service of Certain Public Health Service Officers"; and
(ii) by striking out "Civil Service Commission" in paragraph
(1) and inserting in lieu thereof "Director of the Office of
Personnel Management".
(11)(A) Section 2203(d)(4) of Public Law 97-35 is amended by
inserting after "at the end of paragraph (3)" the following: "(after
and below subparagraph (C)(ii))".
(B) Section 216(i)(2)(F)(ii) of the Social Security Act is amended by
striking out "enacted," in the matter immediately preceding subdivision
(I) and inserting in lieu thereof "enacted -- ".
(12)(A) Section 217(d) of such Act is amended by indenting paragraphs
(1) and (2) two ems.
(B) Section 217(e)(1) of such Act is amended by inserting ", National
Oceanic and Atmospheric Administration Corps," after "Coast and Geodetic
Survey" in the last sentence.
(C) Section 217(f)(1) of such Act is amended by striking out "Civil
Service Commission" and inserting in lieu thereof "Director of the
Office of Personnel Management".
(13) Section 218(i) of such Act is amended by striking out
"subchapter A or E of chapter 9 of the Internal Revenue Code" and
inserting in lieu thereof "chapter 21 and subtitle F of the Internal
Revenue Code of 1954".
(14) Section 221(e) of such Act is amended by striking out "Federal
Disability Trust Fund is charged" and inserting in lieu thereof "Federal
Disability Insurance Trust Fund is charged".
(15)(A) Subsections (a) and (b)(1) of section 222 of such Act are
amended by striking out "the Vocational Rehabilitation Act" each place
it appears and inserting in lieu thereof "title I of the Rehabilation
Act of 1973".
(B) Section 222(b)(3) of such Act is amended by striking out "equal"
and inserting in lieu thereof "equals".
(C) Section 222(b)(4) of such Act is amended by striking out
"full-time student" and inserting in lieu thereof "full-time elementary
or secondary school student".
(16) Section 223(d)(2)(A) of such Act is amended by striking out "an
individual" and inserting in lieu thereof "An individual".
(17) Section 226(b) of such Act is amended (in the matter following
paragraph (2)(C)) by striking out "part (A)" and inserting in lieu
thereof "part A".
(18) The last sentence of section 230(c) of such Act is amended by
striking out "(3)(f)(3)" and inserting in lieu thereof "3(f)(3)".
(b)(1) Section 302(b) of such Act is amended by striking out all that
follows "through" and precedes "and prior" and inserting in lieu thereof
"the Fiscal Service of the Department of the Treasury".
(2) Section 303(a)(4) of such Act is amended by striking out "1606(
b)" and inserting in lieu thereof "3305(b)
(3) Section 303(a)(5) of such Act (as amended by the 1983 Amendments)
is amended --
(A) by striking out "1606(b)" and inserting in lieu thereof
"3305(b)"; and
(B) by striking out the punctuation mark immediately before the
last proviso and inserting in lieu thereof a colon.
(4) Section 303(c) of such Act is amended by striking out "That" in
paragraphs (1) and (2) and inserting in lieu thereof "that".
(5) Section 303(e)(2)(A)(i) of such Act is amended by striking out
"child support obligatons" and inserting in lieu thereof "child support
obligations".
(c)(1)(A) Section 402(a)(9) of such Act is amended by striking out
"use of disclosure" and inserting in lieu thereof "use or disclosure".
(B) Section 402(a)(14) of such Act is amended by striking out "(A)
provide that" and inserting in lieu thereof "provide (A) that".
(C) Section 402(a)(19)(F)(i) of such Act is amended by striking out
"or section 408" and inserting in lieu thereof "or section 472".
(D) Section 402(a)(19)(G) of such Act is amended by striking out the
comma before "that" in clause (iv).
(E) Section 402(a) of such Act is further amended --
(i) by striking out "must" immediately before the first of its
36 numbered subdivisions and inserting in lieu thereof "must -- ";
(ii) by indenting and aligning such numbered subdivisions
(without altering any of the numbering, language, or punctuation)
to the extent necessary to make each of such subdivisions a
numbered paragraph with its left margin indented two ems (and with
any designated internal subdivisions within such paragraphs
(including the numbered subdivisions in subparagraphs (A) and (B)
of paragraph (8) and in subparagraph (A) of paragraph (14) but not
including such subparagraphs themselves, and not including any of
the subdivisions in paragraphs (9), (10), (15), (19)(G), (25),
(30), (31), (33), and (36)) being appropriately further indented
and aligned as subparagraphs or clauses);
(iii) by striking out "and" after the semicolon at the end of
paragraph (5);
(iv) by striking out "clause" each place it appears in
paragraphs (15)(A), (15)(B), and (19)(F) and inserting in lieu
thereof "paragraph "; and
(v) by striking out "section 402(a)(7)" in paragraph (19)(D)
and inserting in lieu thereof "paragraph (7)".
(F) Section 402(c) of such Act is amended by striking out "clause"
each place it appears and inserting in lieu thereof "paragraph".
(G) Section 402(d)(2) of such Act is amended by striking out "section
43" and "section 43(g)" and inserting in lieu thereof "section 32" and
"section 32(g)", respectively.
(2)(A) Section 403(b)(3) of such Act is amended by striking out all
that follows "through" and precedes "and prior" and inserting in lieu
thereof "the Fiscal Service of the Department of the Treasury".
(B) Clause (ii) in the last sentence of section 403(j) of such Act is
amended by striking out the comma after "excess payments".
(3)(A) Section 406(b)(2) of such Act is amended by adding "and" after
the semicolon at the end of clause (C), by striking out clause (D), and
by redesignating clause (E) as clause (D).
(B)(i) The last sentence of section 406(b) of such Act, and section
402(a)(19)(F)(i) of such Act, are each amended by striking out "clauses
(A) through (E)" and inserting in lieu thereof "clauses (A) through
(D)".
(ii) Section 402(a)(26)(B) of such Act is amended by striking out
"subparagraphs (A) through (E)" and inserting in lieu thereof "clauses
(A) through (D)".
(4)(A) Section 407(b)(1)(C) of such Act is amended by striking out
"such father", and "he" each place it appears, and by inserting in lieu
thereof in each instance "such parent".
(B) Section 407(b)(2)(A) of such Act is amended by striking out
"thirty days" and inserting in lieu thereof "30 days".
(5) Section 409(a) of such Act is amended --
(A) by striking out "vacanies" in paragraph (1)(B) and
inserting in lieu thereof "vacancies"; and
(B) by striking out "part (C)" in paragraph (3) and inserting
in lieu thereof "part C"
(6) Section 410 of such Act is amended by striking out "Food Stamp
Act of 1964" in subsections (a) and (c) and inserting in lieu thereof
"Food Stamp Act of 1977".
(7)(A) Section 414(b)(5) of such Act is amended by striking out
"receipients" and inserting in lieu thereof "recipients".
(B) Section 415(b)(1)(B)(ii) of such Act is amended by striking out
"determinig" and inserting in lieu thereof "determining".
(8) Section 420(b) of such Act is amended by striking out the comma
immediately after "preceding sentence".
(9) Section 441 of such Act is amended by striking out "(a)".
(10) Section 444(d) of such Act is amended by striking out
"rereferred" and inserting in lieu thereof "referred".
(11) Section 445(b)(1)(E) of such Act is amended by striking out
"Comprehensive Employment and Training Act of 1973" and inserting in
lieu thereof "Job Training Partnership Act".
(12) The second sentence of section 452(c)(2) of such Act is amended
by striking out "preceding section" and inserting in lieu thereof
"preceding sentence".
(13) Section 453(b)(2) of such Act is amended by striking out ", or
the United States" and inserting in lieu thereof "of the United States".
(14) Section 454 of such Act is amended --
(A) by striking out "of such parent" in paragraph (9)(C);
(B) by striking out "collection and distribution," in clause
(A)(ii) of paragraph (16) and inserting in lieu thereof
"collection, and distribution"; and
(C) by indenting paragraph (17) two ems so as to align its left
margin with the margins of the preceding paragraphs, and amending
such paragraph (as so indented) --
(i) by striking out "to accept" and inserting in lieu thereof
"provide that the State will accept",
(ii) by striking out "and to impose" and inserting in lieu
thereof "will impose",
(iii) by striking out "to transmit" and inserting in lieu
thereof "will transmit", and
(iv) by striking out ", otherwise to comply" and inserting in
lieu thereof "will otherwise comply".
(15) Section 456 of such Act is amended --
(A) by inserting "(1)" after "SEC. 456. (a)";
(B) by striking out "(1) The amount" and inserting in lieu
thereof "(2) The amount";
(C) by striking out "(2) Any" and inserting in lieu thereof
"(3) Any"; and
(D) by striking out "paragraphs (1)(A) and (B)" and inserting
in lieu thereof "subparagraphs (A) and (B) of paragraph (2)".
(16) The heading of section 458 of such Act is amended by striking
out "STATES" and inserting in lieu thereof "STATES".
(17) Section 462(f)(2) of such Act is amended by striking out
"dependents" and inserting in lieu thereof "dependents'".
(18)(A) Section 474(b)(4)(A) of such Act is amended by striking out
"subparagraph (c)" and inserting in lieu thereof "subparagraph (C)".
(B) Section 474(c)(2) of such Act is amended by striking out
"relvant" and inserting in lieu thereof "relevant".
(C) Section 474(d)(1) of such Act is amended --
(i) by striking out "and (c)" the second place it appears and
inserting in lieu thereof "and (C)"; and
(ii) by striking out "secretary" and inserting in lieu thereof
"Secretary".
(d)(1) Section 901(c) of such Act is amended by aligning paragraphs
(1) through (4) (including the subparagraphs in paragraph (3)) flush
with the left margin (but with appropriate indentation in the case of
the subparagraphs and clauses in paragraph (1)).
(2) Section 901(f) of such Act is amended by moving paragraph (3) two
ems to the left, so that its left margin is in flush alignment with the
margins of the other paragraphs in such section.
(3) Section 904(b) of such Act is amended by striking out "the Second
Liberty Bond Act, as amended," and inserting in lieu thereof "chapter 31
of title 31, United States Code,".
(4) Section 908(d) of such Act is amended by striking out "5703(b)"
and inserting in lieu thereof "5703".
(e)(1)(A) Subparagraphs (C) and (D) of section 1101(a)(8) of such Act
are amended by indenting them 2 ems so as to align their left margin
with the left margin of subparagraphs (A) and (B) of such section.
(B) Paragraph (9) of section 1101(a) of such Act is amended by
indenting it (including subparagraphs (A) through (D) and clauses (i)
and (ii) of subparagraph (C)) 2 ems so as to align the left margin at
the beginning of such paragraph with the left margin of paragraph (8)(
A) of such section.
(2)(A) Section 1107(a) of such Act is amended by striking out
"subchapter E of chapter 1 or subchapter A, C, or E of chapter 9 of the
Internal Revenue Code," and inserting in lieu thereof "of chapter 2, 21,
or 23 of the Internal Revenue Code of 1954, or of any provision of
subtitle F of such Code which corresponds (within the meaning of section
7852(b) of such Code) to a provision contained in subchapter E of
chapter 9 of the Internal Revenue Code of 1939,".
(B) The amendment made by subparagraph (A) shall not apply to returns
filed or representations made on or before the date of the enactment of
this Act.
(3) Section 1107(b) of such Act is amended by striking out "former
wife divorced," each place it appears and inserting in lieu thereof
"divorced wife, divorced husband, surviving divorced wife, surviving
divorced husband, surviving divorced mother, surviving divorced
father,".
(4)(A) Section 1114(g) of such Act is amended by striking out the
period after "Code" and inserting in lieu thereof a comma.
(B) Section 1114(h)(1) of such Act is amended by striking out
"sections 281, 283, and 1914 of title 18 of the United States Code, and
section 190 of the Revised Statutes (5 U.S.C. 99)" and insert in lieu
thereof "sections 203, 205, and 209 of title 18, United States Code".
(5) Section 115(a) of such Act is amended by striking out "VI,",
"602,", and "603,".
(6) Section 1116 of such Act is amended --
(A) by striking out "VI," in subsections (a)(1), (b), and (d);
(B) by striking out "604," in subsection (a)(3); and
(C) by striking out "XVI," and all that follows through "part
A" in subsection (d) and inserting in lieu thereof "XVI, or XIX,
or part A".
(7) Section 1131(a) of such Act is amended --
(A) by striking out the period after "section 204(d) of this
Act" in paragraph (2)(B) and inserting in lieu thereof a comma;
and
(B) by moving the matter following paragraph (2)(B) two ems to
the left so that it is flush with the left margin.
(f) Title XIII of such Act is repealed.
(g)(1) Section 1611(c) of such Act is amended by adding at the
beginning thereof the following heading:
(2) Section 1611(g) of such Act is amended by striking out "or
individuals" and inserting in lieu thereof "or such individual".
(3) Section 1612(b)(2) of such Act is amended by indenting
subparagraph (B) two ems so as to align its left margin with the margin
of subparagraph (A).
(4) Section 1612(b)(9) of such Act is amended by inserting a comma
after "child".
(5) The heading of section 1613(c) of such Act is amended to read as
follows:
(6) Section 1614(a)(3) of such Act is amended by moving subparagraph
(E) two ems to the left, so that its left margin is in flush alignment
with the margins of the other subparagraphs in such section.
(7) Section 1614(d)(1) of such Act is amended by striking out "man
and women" and inserting in lieu thereof "man and woman".
(8) Section 1615 of such Act is amended by striking out "the
Vocational Rehabilitation Act" in subsections (a), (c), and (d) and
inserting in lieu thereof "title I of the Rehabilitation Act of 1973".
(9) Section 1618 of such Act is amended --
(A) by moving subsection (d) two ems to the left, so that its
left margin is in flush alignment with the margins of the other
subsections in such section;
(B) by striking out the comma after "levels of its" in such
subsection (d); and
(C) by inserting a comma after "1980", and after "1976" each
place it appears, in such subsection.
(10) Section 1621(e) of such Act is amended by striking out
"severably" and inserting in lieu thereof "severally".
(11)(A) Section 1631(b)(1) of such Act is amended by striking out
"equity or" and inserting in lieu thereof "equity and".
(B) Section 1631(b)(2) of such Act is amended by striking out
"section 43" and "section 43(g)" and inserting in lieu thereof "section
32" and "section 32(g)", respectively.
(12) Section 1631(d)(1) of such Act is amended by striking out "(e),
and (f)" and inserting in lieu thereof "and (e)".
(h)(1) Section 2002(b) of such Act is amended by striking out
"section 203 of the Intergovernmental Cooperation Act of 1968 (42 U.S.
C. 4213)" and inserting in lieu thereof "section 6503 of title 31,
United States Code,".
(2) Section 2006(c) of such Act is amended by striking out "section
202 of the Intergovernmental Cooperation Act of 1968 (42 U.S.C. 4212)"
and inserting in lieu thereof "section 6503 of title 31, United States
Code".
(i)(1) Section 3121(b)(1) of the Internal Revenue Code of 1954 is
amended by striking out "(A)" and all that follows down through "or
(B)".
(2) Section 3121(i)(2) of such Code is amended by striking out
"section 102(10) of the Servicemen's and Veterans' Survivor Benefits
Act" and inserting in lieu thereof "chapter 3 and section 1009 of title
37, United States Code".
(3) Section 3121(m)(2) of such Code is amended --
(A) by striking out "section 102 of the Servicemen's and
Veterans' Survivor Benefits Act" and inserting in lieu thereof
"paragraph (21) of section 101 of title 38, United States Code";
and
(B) by striking out "such section" and inserting in lieu
thereof "paragraph (22) of such section".
(4) Section 3121(m)(3) of such Code is amended by striking out "such
section 102" and inserting in lieu thereof "paragraph (23) of "such
section 101".
(5) Section 3121(n) of such Code is amended --
(A) by striking out "a reserve component of a uniformed service
as defined in section 102(3) of the Servicemen's and Veterans'
Survivor Benefits Act" in the first sentence and inserting in lieu
thereof "a reserve component as defined in section 101(27) of
title 38, United States Code";
(B) by inserting ", the National Oceanic and Atmospheric
Administration Corps," after "Coast and Geodetic Survey" in the
first sentence;
(C) by striking out "military or naval" each place it appears
in paragraph (5) and inserting in lieu thereof "military, naval,
or air"; and
(D) by striking out "Universal Military Training and Service
Act" in paragraph (5)(B) and inserting in lieu thereof "Military
Selective Service Act".
(j)(1) Section 1101(a)(6) of the Social Security Act is amended by
striking out "means" and all that follows and inserting in lieu thereof
"means the Secretary of Health and Human Services.".
(2) The following provisions of such Act are amended by striking out
"Health, Education, and Welfare" wherever it appears and inserting in
lieu thereof "Health and Human Services":
(A) In title II --
(i) subsections (a)(3), (a)(4), (b)(1), (b)(2), (g)(1), (g)(
2), (g)(4), and (i)(1) of section 201;
(ii) subsections (q)(4)(B), (q)(6)(B), and (r)(1) of section
218; and
(iii) subsections (b)(3) and (b)(4) of section 231;
(B) in title IV --
(i) subsections (b)(2) and (b)(3) of section 403;
(ii) subsection (a) of section 431;
(iii) subsection (b) of section 436;
(iv) section 439;
(v) section 441;
(vi) section 443;
(vii) subsection (a) of section 444;
(viii) subsection (a) of section 452;
(ix) subsection (b)(1) of section 453;
(x) paragraph (8)(B) of section 454; and
(xi) section 460;
(C) in title VII --
(i) section 702; and
(ii) subsection (c)(1) of section 706;
(D) in title XI --
(i) section 1102;
(ii) subsection (b) of section 1106;
(iii) subsection (b) of section 1107;
(iv) subsection (c) of section 1114;
(v) section 1120; and
(vi) subsection (a) of section 1126;
(E) in title XVI, section 1602; and
(F) in title XVIII --
(i) subsections (a), (f)(1), (g), and (h) of section 1817;
(ii) subsections (a)(2) and (d)(1) of section 1840;
(iii) subsections (f), (g), (h), and (i) of section 1841; and
(iv) subsection (b)(3) of section 1842.
(3) The following provisions of such Act are amended by striking out
"of Health, Education, and Welfare" wherever it appears:
(A) In title II --
(i) subsections (a)(10)(B) and (l)(4)(A) of section 210;
(ii) subsections (a)(2), (a)(3), (b)(2), (e)(2), (e)(3), and
(f)(1) of section 217;
(iii) subsections (a)(1), (c)(4), (d)(3), (d)(7), (h)(2), (h)(
3), (i), (j), (k)(1), (l), and (p)(2) of section 218;
(iv) subsection (g) of section 228; and
(v) subsection (d) of section 233;
(B) in title IV --
(i) subsection (a)(3) of section 403; and
(ii) subsection (e) of section 407; and
(C) in title XIX, section 1901.
(4) Section 205(l) of such Act is amended by striking out "employee"
and all that follows down through "designated" and inserting in lieu
thereof "employee of the Department of Health and Human Services
designated".
(5) The following provisions of the Internal Revenue Code of 1954 are
amended by striking out "Health, Education, and Welfare" each place it
appears and inserting in lieu thereof "Health and Human Services":
(A) Subsection (d)(6)(B)(ii) of section 51;
(B) subsections (c)(1), (c)(2)(E), (g)(1), (g)(3)(A), and (g)(
3)(B) of section 1402;
(C) subsection (b)(10)(B) of section 3121;
(D) subsections (d) and (f) of section 6057;
(E) subsection (l)(5) of section 6103; and
(F) paragraph (5) of section 6511(d).
(k) Sections 432(d), 432(f)(1), 433(g), and 434(b) of the Social
Security Act are each amended by striking out "of Labor" wherever it
appears.
(l) Any reference to the Federal Security Administrator which may
remain in the provisions of title II, IV, VII, or XI of the Social
Security Act (other than section 1101(a)(6) of such Act) is amended --
(1) by substituting "Secretary" or "Secretary's" for the term
"Administrator" or "Administrator's", where the reference is to
that term alone;
(2) by substituting "Secretary of Health, Education, and
Welfare" for the term "Federal Security Administrator", where the
reference is to that term, if the provision containing such
reference is amended by paragraph (2) or (3) of subsection (j) (in
which case the amendment of such provision under this paragraph
shall be deemed to have taken effect immediately prior to the
amendment of such provision under such paragraph (2) or (3)); and
(3) by substituting "Secretary of Health and Human Services"
for the term "Federal Security Administrator" in any other case
where the reference is to that term;
and any reference to the Federal Security Agency which may remain in
such provisions is amended by substituting "Department of Health and
Human Services" for the term "Federal Security Agency"; but nothing in
this subsection shall affect the exercise under section 402(a)(5) of
such Act of the functions, powers, and duties relating to the
prescription of personnel standards on a merit basis which were
transferred from the Secretary of Health, Education, and Welfare by
section 208(a)(3)(D) of Public Law 91-648.
SEC. 2664. (a) Except as otherwise specifically provided, the
amendments made by sections 2661 and 2662 shall be effective as though
they had been included in the enactment of the Social Security
Amendments of 1983 (Public Law 98-21).
(b) Except to the extent otherwise specifically provided in this
subtitle, the amendments made by section 2663 shall be effective on the
date of the enactment of this Act; but none of such amendments shall be
construed as changing or affecting any right, liability, status, or
interpretation which existed (under the provisions of law involved)
before that date.
SEC. 2671. The first sentence of section 233(a)(3) of the Trade Act
of 1974 (19 U.S.C. 2293(a)(3)) is amended to read as follows:
"Notwithstanding paragraph (1), in order to assist the adversely
affected worker to complete training approved for him under section 236,
and in accordance with regulations prescribed by the Secretary, payments
may be made as trade readjustment allowances for up to 26 additional
weeks in the 26-week period that --
"(A) follows the last week of entitlement to trade readjustment
allowances otherwise payable under this chapter; or
"(B) begins with the first week of such training, if such
training is approved after the last week described in subparagraph
(A).".
SEC. 2672. (a) Section 237(a)(1) of the Trade Act of 1974 (19 U.S.
C. 2297(a)(1)) is amended by striking out "$600" and inserting in lieu
thereof "$800".
(b) Section 238(d)(2) of the Trade Act of 1974 (19 U.S.C. 2298(d)(
2)) is amended by striking out "$600" and inserting in lieu thereof
"$800".
SEC. 2673. Section 265 of the Trade Act of 1974 (19 U.S.C. 2355) is
amended --
(1) by amending subsection (a) --
(A) by inserting "or workers" immediately after "substantial
number of firms", and
(B) by inserting "223 or" immediately before "251"; and
(2) by striking out "$2,000,000" in subsection (b) and
inserting in lieu thereof "$10,000,000".
PRODUCED IN PUERTO RICO OR THE VIRGIN ISLANDS
(a) IN GENERAL. -- Section 7652 of the Internal Revenue Code of 1954
(relating to shipments to the United States) is amended by redesignating
subsection (c) as subsection (e) and by inserting after subsection (b)
the following new subsections:
"(c) ARTICLES CONTAINING DISTILLED SPIRITS. -- For purposes of
subsections (a)(3) and (b)(3), any article containing distilled spirits
shall in no event be treated as produced in Puerto Rico or the Virgin
Islands unless at least 92 percent of the alcoholic content in such
article is attributable to rum.
"(d) ARTICLES OTHER THAN ARTICLES CONTAINING DISTILLED SPIRITS. --
For purposes of subsections (a)(3) and (b)(3) --
"(1) VALUE ADDED REQUIREMENT FOR PUERTO RICO. -- Any article,
other than an article containing distilled spirits, shall in no
event be treated as produced in Puerto Rico unless the sum of --
"(A) the cost or value of the materials produced in Puerto
Rico, plus
"(B) the direct costs of processing operations performed in
Puerto Rico,
equals or exceeds 50 percent of the value of such article as of
the time it is brought into the United States.
"(2) PROHIBITION OF FEDERAL EXCISE TAX SUBSIDIES. --
"(A) IN GENERAL. -- No amount shall be transferred under
subsection (a)(3) or (b)(3) in respect of taxes imposed on any
article, other than an article containing distilled spirits, if
the Secretary determines that a Federal excise tax subsidy was
provided by Puerto Rico or the Virgin Islands (as the case may be)
with respect to such article.
"(B) FEDERAL EXCISE TAX SUBSIDY. -- For purposes of this
paragraph, the term 'Federal excise tax subsidy' means any subsidy
--
"(i) of a kind different from, or
"(ii) in an amount per value or volume of production greater
than,
the subsidy which Puerto Rico or the Virgin Islands offers
generally to industries producing articles not subject to Federal
excise taxes.
"(3) DIRECT COSTS OF PROCESSING OPERATIONS. -- For purposes of
this subsection, the term 'direct cost of processing operations'
has the same meaning as when used in section 213 of the Caribbean
Basin Economic Recovery Act.".
(b) EFFECTIVE DATES AND SPECIAL RULES. --
(1) IN GENERAL. -- Except as provided in paragraph (2), the
amendments made by subsection (a) shall apply with respect to
articles brought into the United States on or after March 1, 1984.
(2) EXCEPTION FOR PUERTO RICO FOR PERIODS BEFORE JANUARY 1,
1985. --
(A) IN GENERAL. -- Subject to the limitations of subparagraphs
(B) and (C), the amendments made by subsection (a) shall not apply
with respect to articles containing distilled spirits brought into
the United States from Puerto Rico after February 29, 1984, and
before January 1, 1985.
(B) $13,000,000 LIMITATION. -- In the case of such articles
brought into the United States after February 29, 1984, and before
July 1, 1984, the aggregate amount payable to Puerto Rico by
reason of subparagraph (A) shall not exceed the excess of --
(i) $130,000,000, over
(ii) the aggregate amount payable to Puerto Rico under section
7652(a) of the Internal Revenue Code of 1954 with respect to such
articles which were brought into the United States after June 30,
1983, and before March 1, 1984, and which would not meet the
requirements of section 7652(c) of such Code.
(C) $75,000,000 LIMITATION. -- The aggregate amount payable to
Puerto Rico by reason of subparagraph (A) shall not exceed
$75,000,000 in the case of articles --
(i) brought into the United States after June 30, 1984, and
before January 1, 1985,
(ii) which would not meet the requirements of section 7652(c)
of such Code,
(iii) which have been redistilled in Puerto Rico, and
(iv) which do not contain distilled spirits derived from cane.
(3) LIMITATION ON INCENTIVE PAYMENTS TO UNITED STATES
DISTILLERS. --
(A) IN GENERAL. -- In the case of articles to which this
paragraph applies, the aggregate amount of incentive payments paid
to any United States distiller with respect to such articles shall
not exceed the limitation described in subparagraph (C).
(B) ARTICLES TO WHICH PARAGRAPH APPLIES. -- This paragraph
shall apply to any article containing distilled spirits described
in clauses (i) through (iv) of paragraph (2)(C).
(C) LIMITATION. --
(i) IN GENERAL. -- The limitation described in this
subparagraph is $1,500,000.
(ii) SPECIAL RULE. -- The limitation described in this
subparagraph shall be zero with respect to any distiller who was
not entitled to or receiving incentive payments as of March 1,
1984.
(D) PAYMENTS IN EXCESS OF LIMITATION. -- If any United States
distiller receives any incentive payment with respect to articles
to which this paragraph applies in excess of the limitation
described in subparagraph (C), such distiller shall pay to the
United States the total amount of such incentive payments with
respect to such articles in the same manner, and subject to the
same penalties, as if such amount were tax due and payable under
section 5001 of such Code on the date such payments were received.
(E) INCENTIVE PAYMENTS. --
(i) IN GENERAL. -- For purposes of this paragraph, the term
"incentive payment" means any payment made directly or indirectly
by the commonwealth of Puerto Rico to any United States distiller
as an incentive to engage in redistillation operations.
(ii) TRANSPORTATION PAYMENTS EXCLUDED. -- Such term shall not
include any payment of a direct cost of transportation to or from
Puerto Rico with respect to any article to which this paragraph
applies.
TO PUERTO RICO AND THE VIRGIN ISLANDS.
(a) IN GENERAL. -- Section 7652 of the Internal Revenue Code of 1954
(relating to shipments to the United States) is amended by adding at the
end thereof the following new subsection:
"(f) LIMITATION ON COVER OVER OF TAX ON DISTILLED SPIRITS. -- For
purposes of this section, with respect to taxes imposed under section
5001 or this section on distilled spirits, the amount covered into the
treasuries of Puerto Rico and the Virgin Islands shall not exceed the
lesser of the rate of --
"(1) $10.50, or
"(2) the tax imposed under section 5001(a)(1), on each proof
gallon.".
(b) EFFECTIVE DATE. -- The amendment made by this section shall apply
to articles containing distilled spirits brought into the United States
after September 30, 1985.
Public Law 98-369, 98 Stat. 494
DIVISION B, Title VII -Title IX
98th Congress
July 18, 1984
DEFICIT REDUCTION ACT OF 1984
(Part 10 of 10 Parts)
SEC. 2701. This title may be cited as the "Competition in
Contracting Act of 1984".
SEC. 2711. (a)(1) Section 303 of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 253) is amended to read
as follows:
"SEC. 303. (a)(1) Except as provided in subsections (b), (c), and
(g) and except in the case of procurement procedures otherwise expressly
authorized by statute, an executive agency in conducting a procurement
for property or services --
"(A) shall obtain full and open competition through the use of
competitive procedures in accordance with the requirements of this
title and the modifications to regulations promulgated pursuant to
section 2752 of the Competition in Contracting Act of 1984; and
"(B) shall use the competitive procedure or combination of
competitive procedures that is best suited under the circumstances
of the procurement.
"(2) In determining the competitive procedures appropriate under the
circumstance, an executive agency --
"(A) shall solicit sealed bids if --
"(i) time permits the solicitation, submission, and evaluation
of sealed bids;
"(ii) the award will be made on the basis of price and other
price-related factors;
"(iii) it is not necessary to conduct discussions with the
responding sources about their bids; and
"(iv) there is a reasonable expectation of receiving more than
one sealed bid; and
"(B) shall request competitive proposals if sealed bids are not
appropriate under clause (A).
"(b)(1) An executive agency may provide for the procurement of
property or services covered by this section using competitive
procedures but excluding a particular source in order to establish or
maintain any alternative source or sources of supply for that property
or service if the agency head determines that to do so --
"(A) would increase or maintain competition and would likely
result in reduced overall costs for such procurement, or for any
anticipated procurement, of such property or services;
"(B) would be in the interest of national defense in having a
facility (or a producer, manufacturer, or other supplier)
available for furnishing the property or service in case of a
national emergency or industrial mobilization; or
"(C) would be in the interest of national defense in
establishing or maintaining an essential engineering, research, or
development capability to be provided by an educational or other
nonprofit institution or a federally funded research and
development center.
"(2) In fulfilling the statutory requirements relating to small
business concerns and socially and economically disadvantaged small
business concerns, an executive agency shall use competitive procedures
but may restrict a solicitation to allow only such business concerns to
compete.
"(c) An executive agency may use procedures other than competitive
procedures only when --
"(1) the property or services needed by the executive agency
are available from only one responsible source and no other type
of property or services will satisfy the needs of the executive
agency;
"(2) the executive agency's need for the property or services
is of such an unusual and compelling urgency that the Government
would be seriously injured unless the executive agency is
permitted to limit the number of sources from which it solicits
bids or proposals;
"(3) it is necessary to award the contract to a particular
source or sources in order (A) to maintain a facility, producer,
manufacturer, or other supplier available for furnishing property
or services in case of a national emergency or to achieve
industrial mobilization, or (B) to establish or maintain an
essential engineering, research, or development capability to be
provided by an educational or other nonprofit institution or a
federally funded research and development center;
"(4) the terms of an international agreement or treaty between
the United States Government and a foreign government or
international organization, or the written directions of a foreign
government reimbursing the executive agency for the cost of the
procurement of the property or services for such government, have
the effect of requiring the use of procedures other than
competitive procedures;
"(5) a statute expressly authorizes or requires that the
procurement be made through another executive agency or from a
specified source, or the agency's need is for a brand-name
commercial item for authorized resale;
"(6) the disclosure of the executive agency's needs would
compromise the national security unless the agency is permitted to
limit the number of sources from which it solicits bids or
proposals; or
"(7) the head of the executive agency --
"(A) determines that it is necessary in the public interest to
use procedures other than competitive procedures in the particular
procurement concerned, and
"(B) notifies the Congress in writing of such determination not
less than 30 days before the award of the contract.
"(d)(1) For the purposes of applying subsection (c)(1) --
"(A) in the case of a contract for property or services to be
awarded on the basis of acceptance of an unsolicited research
proposal, the property or services shall be considered to be
available from only one source if the source has submitted an
unsolicited research proposal that demonstrates a unique and
innovative concept the substance of which is not otherwise
available to the United States and does not resemble the substance
of a pending competitive procurement; and
"(B) in the case of a follow-on contract for the continued
development or production of a major system or highly specialized
equipment when it is likely that award to a source other than the
original source would result in (i) substantial duplication of
cost to the Government which is not expected to be recovered
through competition, or (ii) unacceptable delays in fulfilling the
executive agency's needs, such property may be deemed to be
available only from the original source and may be procured
through procedures other than competitive procedures.
"(2) The authority of the head of an executive agency under
subsection (c)(7) may not be delegated.
"(e) An executive agency using procedures other than competitive
procedures to procure property or services by reason of the application
of subsection (c)(2) or (c)(6) shall request offers from as many
potential sources as is practicable under the circumstances.
"(f)(1) Except as provided in paragraph (2), an executive agency may
not award a contract using procedures other than competitive procedures
unless --
"(A) the contracting officer for the contract justifies the use
of such procedures in writing and certifies the accuracy and
completeness of the justification;
"(B) the justification is approved --
"(i) in the case of a contract for an amount exceeding $100,000
(but equal to or less than $1,000,000), by the competition
advocate for the procuring activity (without further delegation);
"(ii) in the case of a contract for an amount exceeding
$1,000,000 (but equal to or less than $10,000,000), by the head of
the procuring activity or a delegate who, if a member of the armed
forces, is a general or flag officer or, if a civilian; is
serving in a position in grade GS-16 or above under the General
Schedule (or in a comparable or higher position under another
schedule); or
"(iii) in the case of a contract for an amount exceeding
$10,000,000, by the senior procurement executive of the agency
designated pursuant to section 16(3) of the Office of Federal
Procurement Policy Act (41 U.S.C. 414(3)) (without further
delegation); and
"(C) Any required notice has been published with respect to
such contract pursuant to section 18 of the Office of Federal
Procurement Policy Act and all bids or proposals received in
response to such notice have been considered by such executive
agency.
"(2) In the case of a procurement permitted by subsection (c)(2), the
justification and approval required by paragraph (1) may be made after
the contract is awarded. The justification and approval required by
paragraph (1) is not required in the case of a procurement permitted by
subsection (c)(7) or in the case of a procurement conducted under the
Act of June 25, 1938 (41 U.S.C. 46 et seq.), popularly referred to as
the Wagner-O'Day Act.
"(3) The justification required by paragraph (1)(A) shall include --
"(A) a description of the agency's needs;
"(B) an identification of the statutory exception from the
requirement to use competitive procedures and a demonstration,
based on the proposed contractor's qualifications or the nature of
the procurement, of the reasons for using that exception;
"(C) a determination that the anticipated cost will be fair and
reasonable;
"(D) a description of the market survey conducted or a
statement of the reasons a market survey was not conducted;
"(E) a listing of the sources, if any, that expressed in
writing an interest in the procurement; and
"(F) a statement of the actions, if any, the agency may take to
remove or overcome a barrier to competition before a subsequent
procurement for such needs.
"(4) The justification required by paragraph (1)(A) and any related
information shall be made available for inspection by the public
consistent with the provisions of section 552 of title 5, United States
Code.
"(5) In no case may an executive agency --
"(A) enter into a contract for property or services using
procedures other than competitive procedures on the basis of the
lack of advance planning or concerns related to the amount of
funds available to the agency for procurement functions; or
"(B) procure property or services from another executive agency
unless such other executive agency complies fully with the
requirements of this title in its procurement of such property or
services.
The restriction set out in clause (B) is in addition to, and not in
lieu of, any other restriction provided by law.
"(g)(1) In order to promote efficiency and economy in contracting and
to avoid unnecessary burdens for agencies and contractors, the
regulations modified, in accordance with section 2752 of the Competition
in Contracting Act of 1984 shall provide for special simplified
procedures for small purchases of property and services.
"(2) For the purposes of this title, a small purchase is a purchase
or contract for an amount which does not exceed $25,000.
"(3) A proposed purchase or contract for an amount above $25,000 may
not be divided into several purchases or contracts for lesser amounts in
order to use the small purchase procedures required by paragraph (1).
"(4) In using small purchase procedures, an executive agency shall
promote competition to the maximum extent practicable.".
(2) Title III of such Act is further amended by inserting after
section 303 the following new sections:
"SEC. 303A. (a)(1) In preparing for the procurement of property or
services, an executive agency shall --
"(A) specify its needs and solicit bids or proposals in a
manner designed to achieve full and open competition for the
procurement;
"(B) use advance procurement planning and market research;
and
"(C) develop specifications in such manner as is necessary to
obtain full and open competition with due regard to the nature of
the property or services to be acquired.
"(2) Each solicitation under this title shall include specifications
which --
"(A) consistent with the provisions of this title, permit full
and open competition;
"(B) include restrictive provisions or conditions only to the
extent necessary to satisfy the needs of the executive agency or
as authorized by law.
"(3) For the purposes of paragraphs (1) and (2), the type of
specification included in a solicitation shall depend on the nature of
the needs of the executive agency and the market available to satisfy
such needs. Subject to such needs, specifications may be stated in
terms of --
"(A) function, so that a variety of products or services may
qualify;
"(B) performance, including specifications of the range of
acceptable characteristics or of the minimum acceptable standards;
or
"(C) design requirements.
(b) In addition to the specifications described in subsection (a),
each solicitation for sealed bids or competitive proposals (other than
for small purchases) shall at a minimum include --
"(1) a statement of --
"(A) all significant factors (including price) which the
executive agency reasonably expects to consider in evaluating
sealed bids or competitive proposals; and
"(B) the relative importance assigned to each of those factors;
and
"(2)(A) in the case of sealed bids --
"(i) a statement that sealed bids will be evaluated without
discussions with the bidders; and
"(ii) the time and place for the opening of the sealed bids;
or
"(B) in the case of competitive proposals --
"(i) a statement that the proposals are intended to be
evaluated with, and awards made after, discussions with the
offerors, but might be evaluated and awarded without discussions
with the offerors; and
"(ii) the time and place for submission of proposals.
"SEC. 303B. (a) An executive agency shall evaluate sealed bids and
competitive proposals based solely on the factors specified in the
solicitation.
"(b) All sealed bids or competitive proposals received in response to
a solicitation may be rejected if the agency head determines that such
action is in the public interest.
"(c) Sealed bids shall be opened publicly at the time and place
selected in the solicitation. The executive agency shall evaluate the
bids without discussions with the bidders and, except as provided in
subsection (b), shall award a contract with reasonable promptness to the
responsible source whose bid conforms to the solicitation and is most
advantageous to the United States, considering only price and the other
price-related factors included in the solicitation. The award of a
contract shall be made by transmitting written notice of the award to
the successful bidder.
"(d)(1) The executive agency shall evaluate competitive proposals and
may award a contract --
"(A) after discussions conducted with the offerors at any time
after receipt of the proposals and before the award of the
contract; or
"(B) without discussions with the offerors (other than
discussions conducted for the purpose of minor clarification) when
it can be clearly demonstrated from the existence of full and open
competition or accurate prior cost experience with the product or
service that acceptance of an initial proposal without discussions
would result in the lowest overall cost to the Government.
"(2) In the case of award of a contract under paragraph (1)(A), the
executive agency shall conduct, before such award, written or oral
discussions with all responsible sources who sumbit proposals within the
competitive range, considering only price and the other factors included
in the solicitation.
"(3) In the case of award of a contract under paragraph (1)(B), the
executive agency shall award the contract based on the proposals as
received (and as clarified, if necessary, in discussions conducted for
the purpose of minor clarification).
"(4) Except as otherwise provided in subsection (b), the executive
agency shall award a contract with reasonable promptness to the
responsible source whose proposal is most advantageous to the United
States, considering only price and the other factors included in the
solicitation. The executive agency shall award the contract by
transmitting written notice of the award to such source and shall
promptly notify all other offerors of the rejection of their proposals.
"(e) If the agency head considers that a bid or proposal evidences a
violation of the antitrust laws, such agency head shall refer the bid or
proposal to the Attorney General for appropriate action.".
(3) Section 309 of such Act (41 U.S.C. 259) is amended by adding at
the end thereof the following new subsections:
"(b) The term 'competitive procedures' means procedures under which
an executive agency enters into a contract pursuant to full and open
competition. Such term also includes --
"(1) procurement of architectural or engineering services
conducted in accordance with title IX of this Act (40 U.S.C. 541
et seq.);
"(2) the competitive selection of basic research proposals
resulting from a general solicitation and the peer review or
scientific review (as appropriate) of such proposals; and
"(3) the procedures established by the Administrator for the
multiple awards schedule program of the General Services
Administration if --
"(A) participation in the program has been open to all
responsible sources; and
"(B) orders and contracts under such procedures result in the
lowest overall cost alternative to meet the needs of the
Government.
"(c) The terms 'full and open competition' and 'responsible source'
have the same meanings provided such terms in section 4 of the Office of
Federal Procurement Policy Act (41 U.S.C. 403).".
(b) The table of contents of such Act is amended by striking out the
item relating to section 303 and inserting in lieu thereof the
following:
"Sec. 303. Competition requirements.
"Sec. 303A. Planning and solicitation requirements.
"Sec. 303B. Evaluation and award.".
(c) The amendments made by this section do not supersede or affect
the provisions of section 8(a) of the Small Business Act (15 U.S.C.
637(a)).
SEC. 2712. Section 304 of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 254) is amended by adding at the end
thereof the following new subsection:
"(d)(1) A prime contractor or any subcontractor shall be required to
submit cost or pricing data under the circumstances listed below, and
shall be required to certify that, to the best of such contractor's or
subcontractor's knowledge and belief, the cost or pricing date submitted
were accurate, complete, and current --
"(A) before the award of any prime contract under this title
using procedures other than sealed-bid procedures, if the contract
price is expected to exceed $100,000;
"(B) before the pricing of any contract change or modification,
if the price adjustment is expected to exceed $100,000, or such
lesser amount as may be prescribed by the agency head;
"(C) before the award of a subcontract at any tier, when the
prime contractor and each higher tier subcontractor have been
required to furnish such a certificate, if the price of such
subcontract is expected to exceed $100,000; or
"(D) before the pricing of any contract change or modification
to a subcontract covered by clause (C), if the price adjustment is
expected to exceed $100,000, or such lesser amount as may be
prescribed by the agency head.
"(2) Any prime contract or change or modification thereto under which
a certificate is required under paragraph (1) shall contain a provision
that the price to the Government, including profit or fee, shall be
adjusted to exclude any significant sums by which it may be determined
by the agency head that such price was increased because the contractor
or any subcontractor required to furnish such a certificate, furnished
cost or pricing data which, as of a date agreed upon between the parties
(which date shall be as close to the date of agreement on the price as
is practicable), were inaccurate, incomplete, or noncurrent.
"(3) For the purpose of evaluating the accuracy, completeness, and
currency of cost or pricing data required to be submitted by this
subsection, any authorized representative of the agency who is an
employee of the United States Government shall have the right, until the
expiration of three years after final payment under the contract or
subcontract, to examine all books, records, documents, and other data of
the contractor or subcontractor related to the proposal for the
contract, the discussions conducted on the proposal, pricing, or
performance of the contract or subcontract.
"(4) When cost or pricing data are not required to be submitted by
this subsection, such data may nevertheless be required by the agency if
the agency head determines that such data are necessary for the
evaluation by the executive agency of the reasonableness of the price of
the contract or subcontract.
"(5) The requirements of this subsection need not be applied to
contracts or subcontracts --
"(A) where the price is based on --
"(i) adequate price competition,
"(ii) established catalog or market prices of commercial items
sold in substantial quantities to the general public, or
"(iii) prices set by law or regulation, or
"(B) in exceptional cases, where the agency head determines
that the requirements of this subsection may be waived and states
in writing the reasons for such determination.".
SEC. 2713. (a) Section 111 of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 759) is amended by adding
at the end thereof the following new subsection:
"(h)(1) Upon request of an interested party in connection with any
procurement conducted under the authority of this section (including
procurements conducted under delegations of procurement authority), the
board of contract appeals of the General Services Administration
(hereafter in this subsection referred to as the 'board'), shall review
any decision by a contracting officer alleged to violate a statute or
regulation. Such review shall be conducted under the standard
applicable to review of contracting officer final decisions by boards of
contract appeals. An interested party who has filed a protest under
subchapter V of chapter 35 of title 31, United States Code, with respect
to a procurement or proposed procurement may not file a protest with
respect to that procurement or proposed procurement under this
subsection.
"(2)(A) When a protest under this subsection is filed before the
award of a contract in a protested procurement, the board, at the
request of an interested party and within 10 days of the filing of the
protest, shall hold a hearing to determine whether the board should
suspend the procurement authority of the Administrator or the
Administrator's delegation of procurement authority for the protested
procurement on an interim basis until the board can decide the protest.
"(B) The board shall suspend the procurement authority of the
Administrator or the Administrator's delegation of procurement authority
unless the Federal agency concerned establishes that --
"(i) absent action by the board, contract award is likely to
occur within 30 days of the hearing; and
"(ii) urgent and compelling circumstances which significantly
affect interests of the United States will not permit waiting for
the decision of the board.
"(3)(A) If the Board receives notice of a protest under this
subsection after the contract has been awarded but within 10 days after
the contract award, the board shall, at the request of an interested
party and within 10 days after the date of the filing of the protest,
hold a hearing to determine whether the board should suspend the
procurement authority of the Administrator or the Administrator's
delegation of procurement authority for the challenged procurement on an
interim basis until the board can decide the protest.
"(B) The board shall suspend the procurement authority of the
Administrator or the Administrator's delegation of procurement authority
to acquire any goods or services under the contract which are not
previously delivered and accepted unless the Federal agency concerned
establishes that urgent and compelling circumstances which significantly
affect interests of the United States will not permit waiting for the
decision of the board.
"(4)(A) The board shall conduct such proceedings and allow such
discovery as may be required for the expeditious, fair, and reasonable
resolution of the protest.
"(B) Subject to any deadlines imposed by section 9(a) of the Contract
Disputes Act of 1978 (41 U.S.C. 608(a)), the board shall give priority
to protests filed under this subsection. The board shall issue its
final decision within 45 working days after the date of the filing of
the protest, unless the board's chairman determines that the specific
and unique circumstances of the protest require a longer period, in
which case the board shall issue such decision within the longer period
determined by the chairman.
"(C) The board may dismiss a protest the board determines is
frivolous or which, on its face, does not state a valid basis for
protest.
"(5)(A) In making a decision on the merits of protests brought under
this section, the board shall accord due weight to the policies of this
section and the goals of economic and efficient procurement set forth in
this section.
"(B) If the board determines that a challenged agency action violates
a statute or regulation or the conditions of any delegation of
procurement authority issued pursuant to this section, the board may
suspend, revoke, or revise the procurement authority of the
Administrator or the Administrator's delegation of procurement authority
applicable to the challenged procurement.
"(C) Whenever the board makes such a determination, it may, in
accordance with section 1304 of title 31, United States Code, further
declare an appropriate interested party to be entitled to the costs of
--
"(i) filing and pursuing the protest, including reasonable
attorney's fees, and
"(ii) bid and proposal preparation.
"(6)(A) The final decision of the board may be appealed by the head
of the Federal agency concerned and by any interested party, including
interested parties who intervene in any protest filed under this
subsection, as set forth in the Contract Disputes Act of 1978 (41 U.S.
C. 601 et seq.).
"(B) If the board revokes, suspends, or revises the procurement
authority of the Administrator or the Administrator's delegation of
procurement authority after the contract award, the affected contract
shall be presumed valid as to all goods or services delivered and
accepted under the contract before the suspension, revocation, or
revision of such procurement authority or delegation.
"(C) Nothing contained in this subsection shall affect the board's
power to order any additional relief which it is authorized to provide
under any statute or regulation. However, the procedures set forth in
this subsection shall only apply to procurements conducted under the
authority contained in this section. In addition, nothing contained in
this subsection shall affect the right of any interested party to file a
protest with the contracting agency or to file an action in a district
court of the United States or the United States Claims Court.
"(8) Not later than January 15, 1985, the board shall adopt and issue
such rules and procedures as may be necessary to the expeditious
disposition of protests filed under the authority of this subsection.
"(9) For purposes of this subsection --
"(A) the term 'protest' means a written objection by an
interested party to a solicitation by a Federal agency for bids or
proposals for a proposed contract for the procurement of property
or services or a written objection to a proposed award or the
award of such a contract; and
"(B) the term 'interested party' means, with respect to a
contract or proposed contract described in subparagraph (A), an
actual or prospective bidder or offeror whose direct economic
interest would be affected by the award of the contract or by
failure to award the contract.".
(b) The amendment made by this section shall cease to be effective on
January 15, 1988.
SEC. 2714. (a)(1) Section 302 of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 252) is amended --
(A) by striking out the second sentence in subsection (b);
and
(B) by striking out subsections (c), (d), (e), and (f) and
inserting in lieu thereof the following:
"(c)(1) This title does not (A) authorize the erection, repair, or
furnishing of any public building or public improvement, but such
authorization shall be required in the same manner as heretofore, or (B)
permit any contract for the construction or repair of buildings, roads,
sidewalks, sewers, mains, or similar items using procedures other than
sealed-bid procedures under section 303(a)(2)(A), if the conditions set
forth in section 303(a)(2)(A) apply or the contract is to be performed
outside the United States.
"(2) Section 303(a)(2)(A) does not require the use of sealed-bid
procedures in cases in which section 204(e) of title 23, United States
Code, applies.".
(2) The heading of section 304 of such Act (41 U.S.C. 254) is amended
to read as follows:
(3) Section 304 of such Act (41 U.S.C. 254) is amended --
(A) by striking out "negotiated pursuant to section 302(c)" in
the first sentence of subsection (a) and inserting in lieu thereof
"awarded after using procedures other than sealed-bid procedures";
(B) by striking out "negotiated pursuant to section 302(c)" in
the second sentence of subsection (a) and inserting in lieu
thereof "awarded after using procedures other than sealed-bid
procedures"; and
(C) by striking out "negotiated without advertising pursuant to
authority contained in this Act" in the first sentence of
subsection (c) and inserting in lieu thereof "awarded after using
procedures other than sealed-bid procedures".
(4) Section 307 of such Act (41 U.S.C. 257) is amended --
(A) by striking out the first sentence of subsection (a) and
inserting in lieu thereof the following: "Determinations and
decisions provided in this Act to be made by the Administrator or
other agency head shall be final. Such determinations or
decisions may be made with respect to individual purchases or
contracts or, except for determinations or decisions under
sections 303, 303A, and 303B, with respect to classes of purchases
or contracts.";
(B) by striking out "Except as provided in subsection (b)," in
the second sentence of subsection (a) and inserting in lieu
thereof "Except as provided in section 303(d)(2),";
(C) by striking out "this chapter" in such sentence and
inserting in lieu thereof "this Act";
(D) by striking out subsection (b);
(E) by striking out "by paragraphs (11), (12), (13), or (14) of
section 302(c)," in subsection (c);
(F) by redesignating subsection (c) as subsection (b); and
(G) by striking out subsection (d).
(5) Section 308 of such Act (41 U.S.C. 258) is amended by striking
out "entered into pursuant to section 302(c) without advertising," and
inserting in lieu thereof "made or awarded after using procedures other
than sealed-bid procedures".
(6) Section 310 of such Act (41 U.S.C. 260) is amended by striking
out "section 302(c)(15) of this title without regard to the advertising
requirements of sections 302(c) and 303" and inserting in lieu thereof
"the provisions of this title relating to procedures other than
sealed-bid procedures".
(b) The table of contents of such Act is amended by striking out the
item relating to section 304 and inserting in lieu thereof the
following:
"Sec. 304. Contract requirements.".
SEC. 2721. Section 2301 of title 10, United States Code, is amended
to read as follows:
"Section 2301. Congressional defense procurement policy
"(a) The Congress finds that in order to ensure national defense
preparedness, conserve fiscal resources, and enhance defense production
capability, it is in the interest of the United States that property and
services be acquired for the Department of Defense in the most timely,
economic, and efficient manner. It is therefore the policy of Congress
that --
"(1) full and open competitive procedures shall be used by the
Department of Defense in accordance with the requirements of this
chapter;
"(2) services and property (including weapon systems and
associated items) for the Department of Defense be acquired by any
kind of contract, other than cost-plus-a-percentage-of-cost
contracts, but including multiyear contracts, that will promote
the interest of the United States;
"(3) contracts, when appropriate, provide incentives to
contractors to improve productivity through investment in capital
facilities, equipment, and advanced technology;
"(4) contracts for advance procurement of components, parts,
and materials necessary for manufacture or for logistics support
of a weapon system should, if feasible and practicable, be entered
into in a manner to achieve economic-lot purchases and more
efficient production rates;
"(5) the head of an agency use advance procurement planning and
market research and prepare contract specifications in such a
manner as is necessary to obtain full and open competition with
due regard to the nature of the property or services to be
acquired; and
"(6) the head of an agency encourage the development and
maintenance of a procurement career management program to ensure a
professional procurement work force.
"(b) Further, it is the policy of Congress that procurement policies
and procedures for the agencies named in section 2303 of this title
shall in accordance with the requirements of this chapter --
"(1) promote full and open competition;
"(2) be implemented to support the requirements of such
agencies in time of war or national emergency as well as in
peacetime;
"(3) promote responsiveness of the procurement system to agency
needs by simplifying and streamlining procurement processes;
"(4) promote the attainment and maintenance of essential
capability in the defense industrial base and the capability of
the United States for industrial mobilization;
"(5) provide incentives to encourage contractors to take
actions and make recommendations that would reduce the costs to
the United States relating to the purchase or use of property or
services to be acquired under contracts;
"(6) promote the use of commercial products whenever
practicable; and
"(7) require descriptions of agency requirements, whenever
practicable, in terms of functions to be performed or performance
required.
"(c) Further, it is the policy of Congress that a fair proportion of
the purchases and contracts entered into under this chapter be placed
with small business concerns.".
SEC. 2722. (a) Section 2302 of title 10, United States Code, is
amended to read as follows:
"Section 2302. Definitions
"In this chapter:
"(1) 'Head of an agency' means the Secretary of Defense, the
Secretary of the Army, the Secretary of the Navy, the Secretary of
the Air Force, the Secretary of Transportation, and the
Administrator of the National Aeronautics and Space
Administration.
"(2) 'Competitive procedures' means procedures under which the
head of an agency enters into a contract pursuant to full and open
competition. Such term also includes --
"(A) procurement of architectural or engineering services
conducted in accordance with title IX of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 541 et seq.);
"(B) the competitive selection for award of basic research
proposals resulting from a general solicitation and the peer
review or scientific review (as appropriate) of such proposals;
and
"(C) the procedures established by the Administrator of General
Services for the multiple award schedule program of the General
Services Administration if --
"(i) participation in the program has been open to all
responsible sources; and
"(ii) orders and contracts under such program result in the
lowest overall cost alternative to meet the needs of the United
States.
"(3) The terms 'full and open competition' and 'responsible
source' have the same meanings provided such terms in section 4 of
the Office of Federal Procurement Policy Act (41 U.S.C. 403).".
(b) Section 2303 of such title is amended --
(1) in subsection (a) --
(A) by striking out "purchase, and contract to purchase," and
inserting in lieu thereof "procurement";
(B) by striking out "named in subsection (b), and all
services," and inserting in lieu thereof "(other than land) and
all services";
(C) by redesignating clauses (1) through (5) as clauses (2)
through (6), respectively; and
(D) by inserting before clause (2) (as so redesignated) the
following new clause:
"(1) The Department of Defense.";
(2) by striking out subsection (b); and
(3) by redesignating subsection (c) as subsection (b).
SEC. 2723. (a)(1) Section 2304 of title 10, United States Code, is
amended --
(A) by striking out subsections (a) through (e) and (g), (h),
and (i);
(B) by redesignating subsection (f) as subsection (h); and
(C) by inserting after the section heading the following:
"(a)(1) Except as provided in subsections (b), (c), and (g) and
except in the case of procurement procedures otherwise expressly
authorized by statute, the head of an agency in conducting a procurement
for property or services --
"(A) shall obtain full and open competition through the use of
competitive procedures in accordance with the requirements of this
chapter and the modifications to regulations promulgated pursuant
to section 2752 of the Competition in Contracting Act of 1984;
and
"(B) shall use the competitive procedure or combination of
competitive procedures that is best suited under the circumstances
of the procurement.
"(2) In determining the competitive procedure appropriate under the
circumstances, the head of an agency --
"(A) shall solicit sealed bids if --
"(i) time permits the solicitation, submission, and evaluation
of sealed bids;
"(ii) the award will be made on the basis of price and other
price-related factors;
"(iii) it is not necessary to conduct discussions with the
responding sources about their bids; and
"(iv) there is a reasonable expectation of receiving more than
one sealed bid; and
"(B) shall request competitive proposals if sealed bids are not
appropriate under clause (A).
"(b)(1) The head of an agency may provide for the procurement of
property or services covered by this chapter using competitive
procedures but excluding a particular source in order to establish or
maintain an alternative source or sources of supply for that property or
service if the head of the agency determines that to do so --
"(A) would increase or maintain competition and would likely
result in reduced overall costs for such procurement, or for any
anticipated procurement, of property or services;
"(B) would be in the interest of national defense in having a
facility (or a producer, manufacturer, or other supplier)
available for furnishing the property or service in case of a
national emergency or industrial mobilization; or
"(C) would be in the interest of national defense in
establishing or maintaining an essential engineering, research, or
development capability to be provided by an educational or other
nonprofit institution or a federally funded research and
development center.
"(2) In fulfilling the statutory requirements relating to small
business concerns and socially and economically disadvantaged small
business concerns, the head of an agency shall use competitive
procedures but may restrict a solicitation to allow only such business
concerns to compete.
"(c) The head of an agency may use procedures other than competitive
procedures only when --
"(1) the property or services needed by the agency are
available from only one responsible source and no other type of
property or services will satisfy the needs of the agency;
"(2) the agency's need for the property or services is of such
an unusual and compelling urgency that the United States would be
seriously injured unless the agency is permitted to limit the
number of sources from which it solicits bids or proposals;
"(3) it is necessary to award the contract to a particular
source or sources in order (A) to maintain a facility, producer,
manufacturer, or other supplier available for furnishing property
or services in case of a national emergency or to achieve
industrial mobilization, or (B) to establish or maintain an
essential engineering, research, or development capability to be
provided by an educational or other nonprofit institution or a
federally funded research and development center;
"(4) the terms of an international agreement or a treaty
between the United States and a foreign government or
international organization, or the written directions of a foreign
government reimbursing the agency for the cost of the procurement
of the property or services for such government, have the effect
of requiring the use of procedures other than competitive
procedures;
"(5) a statute expressly authorizes or requires that the
procurement be made through another agency or from a specified
source, or the agency's need is for a brand-name commerical item
for authorized resale;
"(6) the disclosure of the agency's needs would compromise the
national security unless the agency is permitted to limit the
number of sources from which it solicits bids or proposals; or
"(7) the head of the agency --
"(A) determines that it is necessary in the public interest to
use procedures other than competitive procedures in the particular
procurement concerned, and
"(B) notifies the Congress in writing of such determination not
less than 30 days before the award of the contract.
"(d)(1) For the purposes of applying subsection (c)(1) --
"(A) in the case of a contract for property or services to be
awarded on the basis of acceptance of an unsolicited research
proposal, the property or services shall be considered to be
available from only one source if the source has submitted an
unsolicited research proposal that demonstrates a unique and
innovative concept the substance of which is not otherwise
available to the United States and does not resemble the substance
of a pending competitive procurement; and
"(B) in the case of a follow-on contract for the continued
development or production of a major system or highly specialized
equipment when it is likely that award to a source other than the
original source would result in (i) substantial duplication of
cost to the United States which is not expected to be recovered
through competition, or (ii) unacceptable delays in fulfilling the
agency's needs, such property may be deemed to be available only
from the original source and may be procured through procedures
other than competitive procedures.
"(2) The authority of the head of an agency under subsection (c)(7)
may not be delegated.
"(e) The head of an agency using procedures other than competitive
procedures to procure property or services by reason of the application
of subsection (c)(2) or (c)(6) shall request offers from as many
potential sources as is practicable under the circumstances.
"(f)(1) Except as provided in paragraph (2), the head of an agency
may not award a contract using procedures other than competitive
procedures unless --
"(A) the contracting officer for the contract justifies the
such procedures in writing and certifies the accuracy and
completeness of the justification;
"(B) the justification is approved --
"(i) in the case of a contract for an amount exceeding $100,000
(but equal to or less than $1,000,000), by the competition
advocate for the procuring activity (without further delegation);
"(ii) in the case of a contract for an amount exceeding
$1,000,000 (but equal to or less than $10,000,000), by the head of
the procuring activity or a delegate who, if a member of the
procuring activity or a delegate who, if a member of the armed
forces, is a general or flag officer or, if a civilian, is serving
in a position in grade GS-16 or above under the General Schedule
(or in a comparable or higher position under another schedule);
or
"(iii) in the case of a contract for an amount exceeding
$10,000,000, by the senior procurement executive of the agency
designated pursuant to section 16(3) of the Office of Federal
Procurement Policy Act (41 U.S.C. 414(3)) (without further
delegation); and
"(C) any required notice has been published with respect to
such contract pursuant to section 18 of the Office of Federal
Procurement Policy Act and all bids or proposals received in
response to that notice have been considered by the head of the
agency.
"(2) In the case of a procurement permitted by subsection (c)(2), the
justification and approval required by paragraph (1) may be made after
the contract is awarded. The justification and approval required by
paragraph (1) is not required in the case of a procurement permitted by
subsection (c)(7) or in the case of a procurement conducted under the
Act of June 25, 1938 (41 U.S.C. 46 et seq.), popularly referred to as
the Wagner-O'Day Act.
"(3) The justification required by paragraph (1)(A) shall include --
"(A) a description of the agency's needs;
"(B) an identification of the statutory exception from the
requirement to use competitive procedures and a demonstration,
based on the proposed contractor's qualifications or the nature of
the procurement, of the reasons for using that exception;
"(C) a determination that the anticipated cost will be fair and
reasonable;
"(D) a description of the market survey conducted or a
statement of the reasons a market survey was not conducted;
"(E) a listing of the sources, if any, that expressed in
writing an interest in the procurement; and
"(F) a statement of the actions, if any, the agency may take to
remove or overcome any barrier to competition before a subsequent
procurement for such needs.
"(4) The justification required by paragraph (1)(A) and any related
information shall be made available for inspection by the public
consistent with the provisions of section 552 of title 5.
"(5) In no case may the head of an agency --
"(A) enter into a contract for property or services using
procedures other than competitive procedures on the basis of the
lack of advance planning or concerns related to the amount of
funds available to the agency for procurement functions; or
"(B) procure property or services from another agency unless
such other agency complies fully with the requirements of this
chapter in its procurement of such property or services.
The restriction contained in clause (B) is in addition to, and not in
lieu of, any other restriction provided by law.
"(g)(1) In order to promote efficiency and economy in contracting and
to avoid unnecessary burdens for agencies and contractors, the
regulations modified in accordance with section 2752 of the Competition
in Contracting Act of 1984 shall provide for special simplified
procedures for small purchases of property and services.
"(2) For the purposes of this chapter, a small purchase is a purchase
or contract for an amount which does not exceed $25,000.
"(3) A proposed purchase or contract for an amount above $25,000 may
not be divided into several purchases or contracts for lesser amounts in
order to use the small purchase procedures required by paragraph (1).
"(4) In using small purchase procedures, the head of an agency shall
promote competition to the maximum extent practicable.".
(2) The heading of such section is amended to read as follows:
"Section 2304. Contracts: competition requirements".
(b) Section 2305 of such title is amended to read as follows:
"Section 2305. Contracts: planning, solicitation, evaluation, and
award procedures.
"(a)(1)(A) in preparing for the procurement of property or services,
the head of an agency shall --
"(i) specify the agency's needs and solicit bids or proposals
in a manner designed to achieve full and open competition for the
procurement;
"(ii) use advance procurement planning and market research;
and
"(iii) develop specifications in such manner as is necessary to
obtain full and open competition with due regard to the nature of
the property or services to be acquired.
"(B) Each solicitation under this chapter shall include
specifications which --
"(i) consistent with the provisions of this chapter, permit
full and open competition; and
"(ii) include restrictive provisions or conditions only to the
extent necessary to satisfy the needs of the agency or as
authorized by law.
"(C) For the purposes of subparagraphs (A) and (B), the type of
specification included in a solicitation shall depend on the nature of
the needs of the agency and the market available to satisfy such needs.
Subject to such needs, specifications may be stated in terms of --
"(i) function, so that a variety of products or services may
qualify;
"(ii) performance, including specifications of the range of
acceptable characteristics or of the minimum acceptable standards;
or
"(iii) design requirements.
"(2) In addition to the specifications described in paragraph (1), a
solicitation for sealed bids or competitive proposals (other than for
small purchases) shall at a minimum include --
"(A) a statement of --
"(i) all significant factors (including price) which the head
of the agency reasonably expects to consider in evaluating sealed
bids or competitive proposals; and
"(ii) the relative importance assigned to each of those
factors; and
"(B)(i) in the case of sealed bids --
"(I) a statement that sealed bids will be evaluated without
discussions with the bidders; and
"(II) the time and place for the opening of the sealed bids;
or
"(ii) in the case of competitive proposals --
"(I) a statement that the proposals are intended to be
evaluated with, and awards made after, discussions with the
offerors, but might be evaluated and awarded without discussions
with the offerors; and
"(II) the time and place for submission of proposals.
(b)(1) The head of an agency shall evaluate sealed bids and
competitive proposals based solely on the factors specified in the
solicitation.
"(2) All sealed bids or competitive proposals received in response to
a solicitation may be rejected if the head of the agency determines that
such action is in the public interest.
"(3) Sealed bids shall be opened publicly at the time and place
stated in the solicitation. The head of the agency shall evaluate the
bids without discussions with the bidders and, except as provided in
paragraph (2), shall award a contract with reasonable promptness to the
responsible bidder whose bid conforms to the solicitation and is most
advantageous to the United States, considering only price and the other
price-related factors included in the solicitation. The award of a
contract shall be made by transmitting written notice of the award to
the successful bidder.
"(4)(A) The head of an agency shall evaluate competitive proposals
and may award a contract --
"(i) after discussions conducted with the offerors at any time
after receipt of the proposals and before the award of the
contract; or
"(ii) without discussions with the offerors (other than
discussions conducted for the purpose of minor clarification) when
it can be clearly demonstrated from the existence of full and open
competition or accurate prior cost experience with the product or
service that acceptance of an initial proposal without discussions
would result in the lowest overall cost to the United States.
"(B) In the case of award of a contract under subparagraph (A)(i),
the head of the agency shall conduct, before such award, written or oral
discussions with all responsible sources who submit proposals within the
competitive range, considering only price and the other factors included
in the solicitation.
"(C) In the case of award of a contract under subparagraph (A)(ii),
the head of the agency shall award the contract based on the proposals
received (and as clarified, if necessary, in discussions conducted for
the purpose of minor clarification).
"(D) Except as provided in paragraph (2), the head of the agency
shall award a contract with reasonable promptness to the responsible
source whose proposal is most advantageous to the United States,
considering only price and the other factors included in the
solicitation. The head of the agency shall award the contract by
transmitting written notice of the award to such source and shall
promptly notify all other offerors of the rejection of their proposals.
"(5) If the head of an agency considers that a bid or proposal
evidences a violation of the antitrust laws, he shall refer the
bid or proposal to the Attorney General for appropriate action.".
(c) The amendments made by this section do not supersede or affect
the provisions of section 8(a) of the Small Business Act (15 U.S.C.
637(a)).
SEC. 2724. (a) The second sentence of subsection (a) of section 2306
of title 10, United States Code, is amended to read as follows:
"Subject to the limitation in the preceding sentence, the other
provisions of this section, and other applicable provisions of law, the
head of an agency, in awarding contracts under this chapter after using
procedures other than sealed-bid procedures, may enter into any kind of
contract that he considers will promote the best interests of the United
States".
(b) Subsection (b) of such section is amended by striking out
"negotiated under section 2304" in the first sentence of subsection (b)
and inserting in lieu thereof "awarded under this chapter after using
procedures other than sealed-bid procedures".
(c) Subsection (c) of such section is amended by striking out
"section 2304 of this title," and inserting in lieu thereof "this
chapter".
(d) Subsection (e) of such section is amended by striking out
"$25,000 or" in clause (2) and inserting in lieu thereof "the greater of
(A) the small purchase amount under section 2304(g) of this title, or
(B)".
(e) Subsection (f) of such section is amended --
(A) in paragraph (1) --
(ii) by striking out "his" in the matter preceding clause (A)
and inserting in lieu thereof "such contractor's or
subcontractor's";
(ii) by striking out "he" in the matter preceding clause (A);
(iii) by striking out "negotiated prime contract under this
title where" in clause (A) and inserting in lieu thereof "prime
contract under this chapter entered into after using procedures
other than sealed-bid procedures, if';
(iv) by striking out "for which" in clauses (B) and (D) and
inserting in lieu thereof "if";
(v) by striking out "where" in clause (C) and inserting in lieu
thereof "when";
(vi) by striking out "$500,000" each place it appears and
inserting in lieu thereof "$100,000"; and
(vii) by striking out "prior to" each place it appears and
inserting in lieu thereof "before";
(B) in paragraph (2), by striking out "negotiated" both places
it appears;
(C) by redesignating paragraph (3) as paragraph (5) and
striking out "negotiation," in such paragraph and inserting in
lieu thereof "proposal for the contract, the discussions conducted
on the proposal,";
(D) by inserting a period after "noncurrent" in paragraph (2);
(E) by striking out ": Provided, That the requirements" in
paragraph (2) and inserting in lieu thereof the following:
"(3) The requirements"; and
(F) by inserting after paragraph 3) (as designated by clause
(E)) the following new paragraph:
"(4) When cost or pricing data is not required to be submitted by
this subsection, such data may nevertheless be required by the head of
the agency if the head of the agency determines that such data is
necessary for the evaluation by the agency of the reasonableness of the
price of the contract or subcontract.".
(f) The heading of such section is amended to read as follows:
"Section 2306. Kinds of contracts; cost or pricing data: truth in
negotiation".
SEC. 2725. Section 2310 of title 10, United States Code, is amended
--
(1) in subsection (a) --
(A) by inserting ", except for determinations and decisions
under section 2304 or 2305 of title," in the first sentence after
"contract or"; and
(B) by inserting ", including a determination or decision under
section 2304 or 2305 of this title," in the second sentence after
"decision"; and
(2) by striking out subsection (b) and inserting in lieu
thereof the following:
"(b) Each determination or decision under section 2306(c), 2306(g)(
1), 2307(c), or 2313(c) of this title shall be based on a written
finding by the person making the determination or decision, which
finding shall set out facts and circumstances that --
"(1) clearly indicate why the type of contract selected under
section 2306(c) of this title is likely to be less costly than any
other type or that it is impracticable to obtain property or
services of the kind or quality required except under such a
contract;
"(2) support the findings required by section 2306(g)(1) of
this title;
"(3) clearly indicate why advance payments under section 2307(
c) of this title would be in the public interest; or
"(4) clearly indicate why the application of section 2313(b) of
this title to a contract or subcontract with a foreign contractor
or foreign subcontractor would not be in the public interest.
Such a finding is final and shall be kept available in the agency for
at least six years after the date of the determination of decision. A
copy of the finding shall be submitted to the General Accounting Office
with each contract to which it applies.".
SEC. 2726. Section 2311 of title 10, United States Code, is amended
--
(1) by striking out "The head" and inserting in lieu thereof
"Except as provided in section 2304(d)(2) of this title, the
head"; and
(2) by striking out "chapter" and all that follows and
inserting in lieu thereof "chapter.".
SEC. 2727. (a) The table of sections at the beginning of chapter 137
of title 10, United States Code, is amended --
(1) by striking out the item relating to section 2301 and
inserting in lieu thereof the following:
"2301. Congressional defense procurement policy."; and
(2) by striking out the items relating to sections 2304, 2305,
and 2306 and inserting in lieu thereof the following:
"2304. Contracts: competition requirements.
"2305. Contracts: planning, solicitation, evaluation, and award
procedures.
"2306. Kinds of contracts; cost or pricing data: truth in
negotiation.".
(b) Subsection (h) of section 2304 of such title (as redesignated by
section 2723(a)(1)(B)) is amended --
(1) by striking out "negotiated under this section" and
inserting in lieu thereof "awarded after using procedures other
than sealed-bid procedures"; and
(2) by striking out "formal advertising" and inserting in lieu
thereof "sealed-bid procedures".
(c) Section 2313(b) of such title is amended by striking out
"negotiated under this chapter" and inserting in lieu thereof "awarded
after using procedures other than sealed-bid procedures".
(d) Section 2356 of such title is amended by striking out "the formal
advertising prescribed by section 2305 of this title" and inserting in
lieu thereof "a solicitation for sealed bids under chapter 137 of this
title".
SEC. 2731. The section of the Office of Federal Procurement Policy
Act relating to definitions (41 U.S.C. 403) is redesignated as section 4
and is amended --
(1) by striking out "and" at the end of paragraph (4);
(2) by striking out the period at the end of paragraph (5) and
inserting in lieu thereof "; and"; and
(3) by adding at the end thereof the following new paragraphs:
"(6) the term 'competitive procedures' means procedures under
which an agency enters into a contract pursuant to full and open
competition;
"(7) the term 'full and open competition', when used with
respect to a procurement, means that all responsible sources are
permitted to submit sealed bids or competitive proposals on the
procurement; and
"(8) the term 'responsible source' means a prospective
contractor who --
"(A) has adequate financial resources to perform the contract
or the ability to obtain such resources;
"(B) is able to comply with the required or proposed delivery
or performance schedule, taking into consideration all existing
commercial and Government business commitments;
"(C) has a satisfactory performance record;
"(D) has a satisfactory record of integrity and business
ethics;
"(E) has the necessary organization, experience, accounting and
operational controls, and technical skills, or the ability to
obtain such organization, experience, controls, and skills;
"(F) has the necessary production, construction, and technical
equipment and facilities, or the ability to obtain such equipment
and facilities; and
"(G) is otherwise qualified and eligible to receive an award
under applicable laws and regulations.".
SEC. 2732. (a) The Office of Federal Procurement Policy Act is
further amended by adding at the end thereof the following new
(ILLEGIBLE)
"SEC. 18. (a)(1) Except as provided in subsection (c) --
"(A) an executive agency intending to solicit bids or proposals
for a contract for property or services for a price expected to
exceed $10,000 shall furnish for publication by the Secretary of
Commerce a notice described in subsection (b); and
"(B) an executive agency awarding a contract for property or
services for a price exceeding $25,000 shall furnish for
publication by the Secretary of Commerce a notice announcing such
award if there is likely to be any subcontract under such
contract.
"(2) The Secretary of Commerce shall publish promptly in the Commerce
Business Daily each notice required by paragraph (1).
"(3) Whenever an executive agency is required by paragraph (1)(A) to
furnish a notice of a solicitation to the Secretary of Commerce, such
executive agency may not --
"(A) issue such solicitation earlier than 15 days after the
date on which such notice is published by the Secretary of
Commerce; or
"(B) establish a deadline for the submission of all bids or
proposals in response to such solicitation that is earlier than 30
days after the date on which such solicitation is issued.
"(b) Each notice required by subsection (a)(1)(A) shall include --
"(1) an accurate description of the property or services to be
contracted for, which description is not unnecessarily restrictive
of competition;
"(2) the name, business address, and telephone number of the
officer or employee of the executive agency who may be contracted
for the purpose of obtaining a copy of the solicitation;
"(3) the name, business address, and telephone number of the
contracting officer;
"(4) a statement that all responsible sources may submit a bid,
proposal, or quotation which shall be considered by the executive
agency; and
"(5) in the case of a procurement using procedures other than
competitive procedures, a statement of the reason justifying the
use of such procedures and the identity of the intended source.
"(c)(1) A notice is not required under subsection (a)(1) if --
"(A) the notice would disclose the executive agency's needs and
the disclosure of such needs would compromise the national
security;
"(B) the proposed procurement would result from acceptance of
any unsolicited proposal that demonstrates a unique and innovative
research concept, and the publication of any notice of such
unsolicited research proposal would disclose the originality of
thought or innovativeness of the proposal or would disclose
proprietary information associated with the proposal;
"(C) the procurement is made against an order placed under a
requirements contract, or
"(D) the procurement is made for perishable subsistence
supplies.
"(2) The requirements of subsection (a)(1)(A) do not apply to any
procurement under conditions described in clause (2), (3), (4), (5), or
(7) of section 303(c) of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 253(c)) or clause (2), (3), (4), (5), or
(7) of section 2304(c) of title 10, United States Code.
"(3) The requirements of subsection (a)(1)(A) shall not apply in the
case of any procurement for which the head of the executive agency makes
a determination in writing, with the concurrence of the Administrator,
that it is not appropriate or reasonable to publish a notice before
issuing a solicitation.
"SEC. 19. (a) Each executive agency shall establish and maintain for
a period of five years a computer file, by fiscal year, containing
unclassified records of all procurements, other than small purchases, in
such fiscal year.
"(b) The record established under subsection (a) shall include --
"(1) with respect to each procurement carried out using
competitive procedures --
"(A) the date of contract award;
"(B) information identifying the source to whom the contract
was awarded;
"(C) the property or services obtained by the Government under
the procurement; and
"(D) the total cost of the procurement;
"(2) with respect to each procurement carried out using
procedures other than competitive procedures --
"(A) the information described in clauses (1)(A), (1)(B), (1)(
C), and (1)(D);
"(B) the reason under section 303(c) of the Federal Property
and Administrative Services Act of 1949 (41 U.S.C. 253(c)) or
section 2304(c) of title 10, United States Code, as the case may
be, for the use of such procedures; and
"(C) the identity of the organization or activity which
conducted the procurement.
"(c) The information that is included in such record pursuant to
subsection (b)(1) and relates to procurements resulting in the
submission of a bid or proposal by only one responsible source shall be
separately categorized from the information relating to other
procurements included in such record. The record of such information
shall be designated 'noncompetitive procurements using competitive
procedures'.
"(d) The information included in the record established and
maintained under subsection (a) shall be transmitted to the General
Services Administration and shall be entered in the Federal Procurement
Data System referred to in section 6(d)(4).
"SEC. 20. (a)(1) There is established in each executive agency an
advocate for competition.
"(2) The head of each executive agency shall --
"(A) designate for the executive agency and for each procuring
activity of the executive agency one officer or employee serving
in a position authorized for such executive agency on the date of
enactment of the Competition in Contracting Act of 1984 (other
than the senior procurement executive designated pursuant to
section 16(3)) to serve as the advocate for competition;
"(B) not assign such officers or employees any duties or
responsibilities that are inconsistent with the duties and
responsibilities of the advocates for competition; and
"(C) provide such officers or employees with such staff on
assistance as may be necessary to carry out the duties and
responsibilities of the advocate for competition, such as persons
who are specialists in engineering, technical operations, contract
administration, financial management, supply management, and
utilization of small and disadvantaged business concerns.
"(b) The advocate for competition of an executive agency shall --
"(1) be responsible for challenging barriers to and promoting
full and open competition in the procurement of property and
services by the executive agency;
"(2) review the procurement activities of the executive agency;
"(3) identify and report to the senior procurement executive of
the executive agency designated pursuant to section 16(3) --
"(A) opportunities and actions taken to achieve full and open
competition in the procurement activities of the executive agency;
and
"(B) any condition or action which has the effect of
unnecessarily restricting competition in the procurement actions
of the executive agency; and
"(4) prepare and transmit to such senior procurement executive
an annual report describing --
"(A) such advocate's activities under this section;
"(B) new initiatives required to increase competition; and
"(C) barriers to full and open competition that remain;
"(5) recommend to the senior procurement executive of the
executive agency goals and the plans for increasing competition on
a fiscal year basis;
"(6) recommend to the senior procurement executive of the
executive agency a system of personal and organizational
accountability for competition, which may include the use of
recognition and awards to motivate program managers, contracting
officers, and others in authority to promote competition in
procurement programs; and
"(7) describe other ways in which the executive agency has
emphasized competition in programs for procurement training and
research.
"(c) The advocate for competition for each procuring activity shall
be responsible for challenging barriers to and promoting full and open
competition in the procuring activity, including unnecessarily detailed
specifications and unnecessarily restrictive statements of need.
"SEC. 21. (a) Not later than January 31 of each of 1986, 1987, 1988,
1989, and 1990, the head of each executive agency shall transmit to each
House of Congress a report including the information specified in
subsection (b).
"(b) Each report under subsection (a) shall include --
"(1) a specific description of all actions that the head of the
executive agency intends to take during the current fiscal year to
--
"(A) increase competition for contracts with the executive
agency on the basis of cost and other significant factors; and
"(B) reduce the number and dollar value of noncompetitive
contracts entered into by the executive agency; and
"(2) a summary of the activities and accomplishments of the
advocate for competition of the executive agency during the
preceding fiscal year.".
(b)(1) Section 6(e) of such Act (41 U.S.C. 405(e)) is amended by
striking out "subsection (c)" and inserting in lieu thereof "subsection
(d)".
(2) Section 16(1) of such Act (41 U.S.C. 414(1)) is amended to read
as follows:
"(1) increase the use of full and open competition in the
procurement of property or services by the executive agency by
establishing policies, procedures, and practices that assure that
the executive agency receives a sufficient number of sealed bids
or competitive proposals from responsible sources to fulfill the
Government's requirements (including performance and delivery
schedules) at the lowest reasonable cost considering the nature of
the property or service procured;".
"Sec. 2741. (a) Chapter 35 of title 31, United States Code, is
amended by adding at the end thereof the following new subchapter:
"Section 3551. Definitions
"In this subchapter --
"(1) 'protest' means a written objection by an interested party
to a solicitation by an executive agency for bids or proposals for
a proposed contract for the procurement of property or services or
a written objection by an interested party to a proposed award or
the award of such a contract;
"(2) 'interested party', with respect to a contract or proposed
contract described in paragraph (1), means an actual or
prospective bidder or offeror whose direct economic interest would
be affected by the award of the contract or by failure to award
the contract; and
"(3) 'Federal agency' has the meaning given such term by
section 3 of the Federal Property and Administrative Services Act
of 1949 (40 U.S.C. 472).
"Section 3552. Protests by interested parties concerning procurement
actions
"A protest concerning an alleged violation of a procurement statute
or regulation shall be decided by the Comptroller General if filed in
accordance with this subchapter. An interested party who has filed a
protest under section 111(h) of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 759(h)) with respect to a procurement or
proposed procurement may not file a protest with respect to that
procurement under this subchapter.
"Section 3553. Review of protests; effect on contracts pending
decision
"(a) Under procedures prescribed under section 3555 of this title the
Comptroller General shall decide a protest submitted to the Comptroller
General by an interested party.
"(b)(1) Within one working day of the receipt of a protest, the
Comptroller General shall notify the Federal agency involved of the
protest.
"(2) Except as provided in paragraph (3) of this subsection, a
Federal agency receiving a notice of protested procurement under
paragraph (1) of this subsection shall submit to the Comptroller General
a complete report (including all relevant documents) on the protested
procurement --
"(A) within 25 working days from the date of the agency's
receipt of that notice;
"(B) if the Comptroller General, upon a showing by the Federal
agency, determines (and states the reasons in writing) that the
specific circumstances of the protest require a longer period,
within the longer period determined by the Comptroller General;
or
"(C) in a case determined by the Comptroller General to be
suitable for the express option under section 3554(a)(2) of this
title, within 10 working days from the date of the Federal
agency's receipt of that determination.
"(3) A Federal agency need not submit a report to the Comptroller
General pursuant to paragraph (2) of this subsection if the agency is
sooner notified by the Comptroller General that the protest concerned
has been dismissed under section 3554(a)(3) of this title.
"(c)(1) Except as provided in paragraph (2) of this subsection, a
contract may not be awarded in any procurement after the Federal agency
has received notice of a protest with respect to such procurement from
the Comptroller General and while the protest is pending.
"(2) The head of the procuring activity responsible for award of a
contract may authorize the award of the contract (notwithstanding a
protest of which the Federal agency has notice under this section) --
"(A) upon a written finding that urgent and compelling
circumstances which significantly affect interests of the United
States will not permit waiting for the decision of the Comptroller
General under this subchapter; and
"(B) after the Comptroller General is advised of that finding.
"(3) A finding may not be made under paragraph (2)(A) of this
subsection unless the award of the contract is otherwise likely to occur
within 30 days thereafter.
"(d)(1) If a Federal agency receives notice of a protest under this
section after the contract has been awarded but within 10 days of the
date of the contract award, the Federal agency (except as provided under
paragraph (2)) shall, upon receipt of that notice, immediately direct
the contractor to cease performance under the contract and to suspend
any related activities that may result in additional obligations being
incurred by the United States under that contract. Performance of the
contract may not be resumed while the protest is pending.
"(2) The head of the procuring activity responsible for award of a
contract may authorize the performance of the contract (notwithstanding
a protest of which the Federal agency has notice under this section) --
"(A) upon a written finding --
"(i) that performance of the contract is in the best interests
of the United States; or
"(ii) that urgent and compelling circumstances that
significantly affect interests of the United States will not
permit waiting for the decision of the Comptroller General
concerning the protest; and
"(B) after the Comptroller General is notified of that finding.
"(e) The authority of the head of the procuring activity to make
findings and to authorize the award and performance of contracts under
subsections (c) and (d) of this section may not be delegated.
"(f) Within such deadlines as the Comptroller General prescribes,
upon request each Federal agency shall provide to an interested party
any document relevant to a protested procurement action (including the
report required by subsection (b)(2) of this section) that would not
give that party a competitive advantage and that the party is otherwise
authorized by law to receive.
Section 3554. Decisions on protests
"(a)(1) To the maximum extent practicable, the Comptroller General
shall provide for the inexpensive and expeditious resolution of protests
under this subchapter. Except as provided under paragraph (2) of this
subsection, the Comptroller General shall issue a final decision
concerning a protest within 90 working days from the date the protest is
submitted to the Comptroller General unless the Comptroller General
determines and states in writing the reasons that the specific
circumstances of the protest require a longer period.
"(2) The Comptroller General shall, by regulation prescribed pursuant
to section 3555 of this title, establish and express option for deciding
those protests which the Comptroller General determines suitable for
resolution within 45 calendar days from the date the protest is
submitted.
"(3) The Comptroller General may dismiss a protest that the
Comptroller General determines is frivolous or which, on its face, does
not state a valid basis for protest.
"(b)(1) With respect to a solicitation for a contract, or a proposed
award or the award of a contract, protested under this subchapter, the
Comptroller General may determine whether the solicitation, proposed
award, or award complies with statute and regulation. If the
Comptroller General determines that the solicitation, proposed award, or
award does not comply with a statute or regulation, the Comptroller
General shall recommend that the Federal agency --
"(A) refrain from exercising any of its options under the
contract;
"(B) recompete the contract immediately;
"(C) issue a new solicitation;
"(D) terminate the contract;
"(E) award a contract consistent with the requirements of such
statute and regulation;
"(F) implement any combination of recommendations under clauses
(A), (B), (C), (D), and (E); or
"(G) implement such other recommendations as the Comptroller
General determines to be necessary in order to promote compliance
with procurement statutes and regulations.
"(2) If the head of the procuring activity responsible for a contract
makes a finding under section 3553(d)(2)(A)(i) of this title, the
Comptroller General shall make recommendations under this subsection
without regard to any cost or disruption from terminating, recompeting,
or reawarding the contract.
"(c)(1) If the Comptroller General determines that a solicitation for
a contract or a proposed award or the award of a contract does not
comply with a statute or regulation, the Comptroller General may declare
an appropriate interested party to be entitled to the costs of --
"(A) filing and pursuing the protest, including reasonable
attorneys' fees; and
"(B) bid and proposal preparation.
"(2) Monetary awards to which a party is declared to be entitled
under paragraph (1) of this subsection shall be paid promptly by the
Federal agency concerned out of funds available to or for the use of the
Federal agency for the procurement of property and services.
"(d) Each decision of the Comptroller General under this subchapter
shall be signed by the Comptroller General or a designee for that
purpose. A copy of the decision shall be made available to the
interested parties, the head of the procuring activity responsible for
the solicitation, proposed award, or award of the contract, and the
senior procurement executive of the Federal agency involved.
"(e)(1) The head of the procuring activity responsible for the
solicitation, proposed award, or award of the contract shall report to
the Comptroller General, if the Federal agency has not fully implemented
those recommendations within 60 days of receipt of the Comptroller
General's recommendations under subsection (b) of this section.
"(2) Not later than January 31 of each year, the Comptroller General
shall transmit to Congress a report describing each instance in which a
Federal agency did not fully implement the Comptroller General's
recommendations during the preceding fiscal year.
"Section 3555. Regulations; authority of Comptroller General to
verify assertions
"(a) Not later than January 15, 1985, the Comptroller General shall
prescribe such procedures as may be necessary to the expeditious
decision of protests under this subchapter, including procedures for
accelerated resolution of protests under the express option authorized
by section 3554(a)(2) of this title. Such procedures shall provide that
the protest process may not be delayed by the failure of a party to make
a filing within the time provided for the filing.
"(b) The Comptroller General may use any authority available under
chapter 7 of this title and this chapter to verify assertions made by
parties in protests under this subchapter.
"Section 3556. Nonexclusivity of remedies; matters included in
agency record
"This subchapter does not give the Comptroller General exclusive
jurisdiction over protests, and nothing contained in this subchapter
shall affect the right of any interested party to file a protest with
the contracting agency or to file an action in a district court of the
United States or the United States Claims Court. In any such action
based on a procurement or proposed procurement with respect to which a
protest has been filed under this subchapter, the reports required by
sections 3553(b)(2) and 3554(e)(1) of this title with respect to such
procurement or proposed procurement and any decision or recommendation
of the Comptroller General under this subchapter with respect to such
procurement or proposed procurement shall be considered to be part of
the agency record subject to review.".
(b) The analysis for such chapter is amended by adding at the end
thereof the following:
"3551. Definitions.
"3552. Protests by interested parties concerning procurement
actions.
"3553. Review of protests; effect on contracts pending decision.
"3554. Decisions on protests.
"3555. Regulations; authority of Comptroller General to verify
assertions.
"3556. Nonexclusivity of remedies; matters included in agency
record.".
SEC. 2751. (a) Except as provided in subsection (b), the amendments
made by this title shall apply with respect to any solicitation for bids
or proposals issued after March 31, 1985.
(b) The amendments made by section 2713 and subtitle D shall apply
with respect to any protest filed after January 14, 1985.
SEC. 2752. Not later than March 31, 1985, the single Government-wide
procurement regulation referred to in section 4(4)(A) of the Office of
Federal Procurement Policy Act (41 U.S.C. 403(4)(A)) shall be modified
to conform to the requirements of this title and the amendments made by
this title.
SEC. 2753. (a) Not later than January 31, 1985, the Administrator of
the Office of Federal Procurement Policy, in consultation with the
Secretary of Defense, the Administrator of General Services and the
Administrator of the National Aeronautics and Space Administration,
shall complete a study of alternatives and recommend to the Committee on
Governmental Affairs of the Senate and the Committee on Government
Operations of the House of Representatives a plan to increase the
opportunities to achieve full and open competition on the basis of
technical qualifications, quality, and other factors in the procurement
of professional, technical, and managerial services.
(b) Such plan shall provide for testing the recommended alternative
and be developed in accordance with section 15 of the Office of Federal
Procurement Policy Act (41 U.S.C. 413), and be consistent with the
policies set forth in section 2 of such Act (41 U.S.C. 401).
SEC. 2801. Section 201(b)(8) of the Federal Credit Union Act (12 U.
S.C. 1781(b)(8)) is amended to read as follows:
"(8) to pay and maintain its deposit and to pay the premium
charges for insurance imposed by this title; and".
SEC. 2802. Section 202(b) of the Federal Credit Union Act (12 U.S.
C. 1782(b)) is amended to read as follows:
"(b)(1) For each insurance year, each insured credit union which
became insured prior to the beginning of that year shall file with the
Board, at such time as the Board prescribes, a certified statement
showing the total amount of insured shares in the credit union at the
close of the preceding insurance year and both the amount of its deposit
or adjustment thereof and the amount of the premium charge for insurance
due to the fund for that year, both as computed under subsection (c) of
this section.
"(2) The certified statements required to be filed with the Board
pursuant to this subsection shall be in such form and shall set forth
such supporting information as the Board shall require.
"(3) Each such statement shall be certified by the president of the
credit union, or by any officer of the credit union designated by its
board of directors, that to the best of his knowledge and belief that
statement is true, correct, and complete and in accordance with this
title and regulations issued thereunder.".
SEC. 2803. Section 202(c) of the Federal Credit Union Act (12 U.S.
C. 1782(c)) is amended --
(1) by striking out paragraph (2);
(2) by redesignating paragraph (1) as paragraph (2);
(3) by striking out "Except as provided in paragraph (2) of
this subsection, each" in paragraph (2), as redesignated, and
inserting in lieu thereof "Each";
(4) by striking out "on or before January 31 of each insurance
year" in paragraph (2), as redesignated, and inserting in lieu
thereof "at such time as the Board prescribes";
(5) by striking out "member accounts" in paragraph (2), as
redesignated, and inserting in lieu thereof "insured shares"; and
(6) by inserting before paragraph (2) the following:
"(1)(A)(i) Each insured credit union shall pay to and maintain with
the National Credit Union Share Insurance Fund a deposit in an amount
equaling 1 per centum of the credit union's insured shares.
"(ii) The Board may, in its discretion, authorize insured credit
unions to initially fund such deposit over a period of time in excess of
one year if necessary to avoid adverse effects on the condition of
insured credit unions.
"(iii) The amount of each insured credit union's deposit shall be
adjusted annually, in accordance with procedures determined by the
Board, to reflect changes in the credit union's insured shares.
"(B)(i) The deposit shall be returned to an insured credit union in
the event that its insurance coverage is terminated, it converts to
insurance coverage from another source, or in the event the operations
of the fund are transferred from the National Credit Union
Administration Board.
"(ii) The deposit shall be returned in accordance with procedures and
valuation methods determined by the Board, but in no event shall the
deposit be returned any later than one year after the final date on
which no shares of the credit union are insured by the Board.
"(iii) The deposit shall not be returned in the event of liquidation
on account of bankruptcy or insolvency.
"(iv) The deposit funds may be used by the fund if necessary to meet
its expense, in which case the amount so used shall be expensed and
shall be replenished by insured credit unions in accordance with
procedures established by the Board.".
SEC. 2804. Section 202(c)(3) of the Federal Credit Union Act (12 U.
S.C. 1782(c)(3)) is amended to read as follows:
"(3) When, at the end of a given insurance year, any loans to the
fund from the Federal Government and the interest thereon have been
repaid and the equity of the fund exceeds the normal operating level,
the Board shall effect for that insurance year a pro rata distribution
to insured credit unions of an amount sufficient to reduce the equity in
the fund to its normal operating level.".
SEC. 2805. Section 202(c)(4) of the Federal Credit Union Act (12 U.
S.C. 1782(c)(4)) is repealed.
SEC. 2806. (a) Subsections (d) through (f) of section 202 of the
Federal Credit Union Act (12 U.S.C. 1782 (d) through (f) are amended --
(1) by inserting "its deposit or" before the words "the premium
charge" and "any premium charge" each time they appear, other than
in the second sentence of subsection (e) of section 202; and
(2) by striking out "member accounts" and inserting in lieu
thereof "insured shares".
(b) Section 202 of the Federal Credit Union Act (12 U.S.C. 1782) is
amended --
(1) in the first sentence of subsection (e), by inserting
"deposit or" after "the amount of any unpaid";
(2) in the second sentence of subsection (e), by inserting
"deposit or" before "premium charge due"; and
(3) in the first sentence of subsection (f), by inserting
"deposit or" after "statement or pay any such".
SEC. 2807. Section 202(g) of the Federal Credit Union Act (12 U.S.
C. 1782(g)) is amended --
(1) by striking out "statements, and premium charges" and
inserting in lieu thereof "statements, and deposit and premium
charges";
(2) by striking out "payment of any premium charge" and
inserting in lieu thereof "payment of any deposit or adjustment
thereof or any premium charge"; and
(3) by striking out "any premium charge for insurance" and
inserting in lieu thereof "any deposit or adjustment thereof or
any premium charge for insurance".
SEC. 2808. Section 202(h)(1) of the Federal Credit Union Act (12 U.
S.C. 1782(h)(1)) is amended by inserting before the semicolon at the end
thereof the following: ", unless otherwise prescribed by the Board".
SEC. 2809. Section 202(h)(2) of the Federal Credit Union Act (12 U.
S.C. 1782(h)(2)) is amended to read as follows:
"(2) the term 'normal operating level', when applied to the
fund, means an amount equal to 1.3 per centum of the aggregate
amount of the insured shares in all insured credit unions, or such
lower level as the Board may determine; and".
SEC. 2810. Section 202(h)(3) of the Federal Credit Union Act (12 U.
S.C. 1782(h)(3)) is amended to read as follows:
"(3) the term 'insured shares' when applied to this section
include share, share draft, share certificate and other similar
accounts as determined by the Board, but does not include amounts
in excess of the insured account limit set forth in section 207(
c)(1).".
SEC. 2811. Section 203(b) of the Federal Credit Union Act (12 U.S.
C. 1783(b)) is amended --
(1) by inserting "deposits and" before "premium charges"; and
(2) by adding at the end thereof the following: "The Board
shall report annually to the Committee on Banking, Housing and
Urban Affairs of the Senate and the Committee on Banking, Finance
and Urban Affairs of the House of Representatives with respect to
the operating level of the fund. Such report shall also include
the results of an independent audit of the fund.".
SEC. 2812. Section 206(d)(1) of the Federal Credit Union Act (12 U.
S.C. 1786(d)(1)) is amended --
(1) by inserting "(1)" after "subsection (a)";
(2) by inserting "maintain its deposit with and" before "pay
premiums to the Board"; and
(3) by adding at the end thereof the following sentence:
"Notwithstanding the above, when an insured credit union's insured
status is terminated and the credit union subsequently obtains
comparable insurance coverage from another source, insurance of
its accounts by the fund may cease immediately upon the effective
date of such comparable coverage by mutual consent of the credit
union and the Board.".
SEC. 2813. (a) Title III of the Federal Credit Union Act (12 U.S.C.
1795 et seq.) is amended --
(1) in section 303 by inserting ", an instrumentality of the
United States," after "Central Liquidity Facility" in the second
sentence; and
(2) by adding at the end thereof the following:
"SEC. 312. (a) The Central Liquidity Facility, and its franchise,
activities, capital reserves, surplus, and income, shall be exempt from
all State and local taxation now or hereafter imposed, other than taxes
on real property held by the Facility (to the same extent, according to
its value, as other similar property held by other persons is taxed).
"(b)(1) Except as provided in paragraph (2), the notes, bonds,
debentures, and other obligations issued on behalf of the Central
Liquidity Facility and the income therefrom shall be exempt from all
State and local taxation now or hereafter imposed.
"(2) Any obligation described in paragraph (1) shall not be exempt
from State or local gift, estate, inheritance, legacy, succession, or
other wealth transfer taxes.
"(c) Fur purposes of this section --
"(1) the term 'State' includes the District of Columbia; and
"(2) taxes imposed by counties or municipalities, or any
territory, dependency, or possession of the United States shall be
treated as local taxes.".
(b)(1) Section 501 of the Internal Revenue Code of 1954 (relating to
organizations exempt from tax), as amended by section 1032(a) of this
Act, is amended by redesignating subsection (l) as subsection (m) and by
adding after subsection (k) the following new subsection:
"(1) GOVERNMENT CORPORATIONS EXEMPT UNDER SUBSECTION (c)(1). -- The
organization described in this subsection is the Central Liquidity
Facility established under title III of the Federal Credit Union Act (12
U.S.C. 1795 et seq.).".
(2) Paragraph (1) of section 501(c) of such Code (listing exempt
organizations) is amended to read as follows:
"(1) any corporation organized under Act of Congress which is
an instrumentality of the United States but only if such
corporation --
"(A) is exempt from Federal income taxes under such Act, as
amended and supplemented, or
"(B) is described in subsection (1).".
(c) The amendments made by this section shall take effect on October
1, 1979.
SEC. 2814. (a) Section 3332(b) of title 31, United States Code, is
amended by inserting "without charge" after "shall be sent".
(b) Section 3332 of title 31, United States Code, is amended by
striking out subsection (c) and redesignating subsections (d), (e), (f),
and (g) as subsections (c), (d), (e), and (f), respectively.
SEC. 2901. (a) It is the sense of the Congress that --
(1) departments, agencies, and instrumentalities of the
executive branch of government can continue to make significant
management improvements in --
(A) the travel and transportation of personnel and
transportation of things for personnel;
(B) the use of consultant services;
(C) public affairs, public relations, and advertising
activities;
(D) publishing, printing, reproduction, and audio visual
activities
(E) identification, recovery, and collection of Federal
overpayments, delinquencies, and indebtedness; and
(F) the operation, maintenance, management, leasing,
acquisition, and disposal of motor vehicles; and
(2) such improvements can result in better use of funds and
reductions in expenditures for such activities.
(b) Within six months after the date of enactment of this Act, the
Director of the Office of Management and Budget shall prepare and
transmit to the Committees on Appropriations and Budget of the Senate
and House of Representatives and the Senate Governmental Affairs and
House Government Operations Committees a report describing for each of
the categories specified in subparagraphs (A) through (F) of subsection
(a)(1) --
(1) the baseline cost (or best estimate thereof) for fiscal
year 1984;
(2) the savings (below such baseline cost or estimate) that can
reasonably be expected to be achieved for fiscal year 1985 by
improved management;
(3) an explanation of how such savings will be achieved; and
(4) if necessary, draft legislation to achieve such savings.
(c) If the expected savings described pursuant to subsection (b)(2)
are --
(1) less than $750,000,000 for the category specified in
subparagraph (A) of subsection (a)(1),
(2) less than $1,000,000,000 for the category specified in
subparagraph (B) of such subsection,
(3) less than $100,000,000 for the category specified in
subparagraph (C) of such subsection,
(4) less than $250,000,000 for the category specified in
subparagraph (D) of such subsection,
(5) less than $2,100,000,000 for the category specified in
subparagraph (E) of such subsection, or
(6) less than $160,000,000 for the category specified in
subparagraph (F) of such subsection,
the report shall state the reasons why the amount specified in
paragraph (1), (2), (3), (4), (5), or (6) is not achievable.
SEC. 2902. (a) The Congress finds that --
(1) the highest and best use of the lands described in
subsection (b)(1) of this section is use as a park or recreational
area
(2) the State of New York has indicated a willingness to convey
by donation to the United States the fee interest to the lands
described in subsection (b)(2);
(3) therefore the Administrator of General Services should
assign to the Secretary of the Interior the lands described in
subsection (b)(1) for use as a public park or recreational area
and
(4) the Secretary of the Interior should, simultaneous with
acceptance of the lands described in subsection (b)(2), convey the
property described in subsection (b)(1) to the State of New York
for use as a public park or recreational area through a public
discount conveyance under section 203(k)(2) of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 484(
k)(2).
(b)(1) The lands described in this subsection are those portions of
the Montauk Air Force Station in East Hampton Township, Suffolk County,
New York, totaling approximately 278 acres, that were declared surplus
to the needs of the United States Government or December 21, 1981.
(2) The lands described in this subsection are approximately 125
acres of real property owned by the State of New York within the
boundaries of the Fire Island National Seashore.
SEC. 2903. The President shall review recent recommendations for
management improvement and cost control opportunities including those
made by congressional committees, executive and legislative branch
agencies, educational and research organizations, and public and private
boards, task forces, councils, panels, and study groups, which require
administrative or Presidential action. A report on such review shall be
submitted with the Budget of the United States Government transmitted in
January 1985 under section 1105(a) of title 31, United States Code, and
shall contain a list of the recommendations the President has reviewed,
the source of those recommendations, the actions which the President
proposes to take or has taken, and the amount of cost savings expected
to result therefrom in fiscal years 1985, 1986, and 1987.
SEC. 2904. Each authorizing committee of the Senate and House of
Representatives shall review the report required under section 2903 and
make recommendations from that report to the Budget Committees including
any necessary changes in laws to allow for or facilitate the achievement
of savings as identified in that report. The resulting recommendations
shall be transmitted to the Budget Committee as part of each committee's
report submitted pursuant to section 301(c) of Public Law 93-344, on
March 15, 1985.
SEC. 2905. (a) The director of the Congressional Budget Office shall
conduct a study of the nature and reliability of the assumptions upon
which budget estimates are based for concurrent resolutions on the
budget adopted by the Congress and make a report to the Committee on the
Budget of the House of Representatives and the Committee on the Budget
of the Senate by June 1, 1985. Such study shall identify --
(1) the reasons for the differences between actual revenues and
outlays and the revenue and outlay estimates used for concurrent
resolutions on the budget;
(2) the extent to which any systematic biases exist in the
assumptions or methods used for making revenue and outlay
estimates for the concurrent resolutions on the budget; and
(3) the extent to which the use of alternative assumptions or
estimating methods would improve the accuracy of budget estimates
used by the Congress. This would include time-series analyses of
historical budget patterns and economic trends.
(b) On a trial basis, the Congressional Budget Office shall conduct
in consultation with the General Accounting Office a review of the
budget estimates prepared by the Department of Defense and one civilian
agency to determine whether:
(1) there is a systematic underestimation of the costs required
to carry out the policies, programs and projects proposed; and
(2) what effects any systematic costing errors may have upon
the long-run costs of programs, the mix of programs implemented
and the effectiveness of programs in meeting agency missions and
goals.
The General Accounting Office component of this review shall look at
all phases of budget preparation and program evaluation in the agencies
selected, and shall examine historical patterns of funding to determine
the effect of cost estimation biases.
SEC. 2906. The Director of the Congressional Budget Office and the
Director of the Office of Management and Budget shall each, in
consultation with the Chairman and ranking member of the Committee on
the Budget of the House of Representatives and the Committee on the
Budget of the Senate, conduct a study of the administrative feasibility
and potential impact in terms of effectiveness and equitability of
applying alternative formula approaches to the entire Federal budget.
These studies may include, but need not be limited to, the following
formulas:
(1) a fraction (not necessarily limited to less than 1.0) of
historical trends in spending within functions or categories of
the budget;
(2) an equal percentage growth rate, or an equal percentage
reduction in the growth rate of, each function or category of the
budget;
(3) a set of percentage growth rates, whereby the budget is
divided into major categories and a different percentage growth
rate is then applied to each category;
(4) a fraction (not necessarily limited to less than 1.0) of
the growth in the Gross National Product (as calculated by the
Congressional Budget Office or the Office of Management and
Budget) applied to each function or category of the budget.
The Congressional Budget Office and the Office of Management and
Budget shall each report the findings of such study to the Congress no
later than December 31, 1984.
SEC. 2907. It is the sense of the Congress that no funds heretofore
or hereafter appropriated in any Act of Congress shall be obligated or
expended for the purpose of planning, directing, executing, or
supporting the mining of the ports or territorial waters of Nicaragua.
LEGISLATIVE HISTORY -- H.R. 4170 (H.R. 2163):
HOUSE REPORTS: No. 98-432 and Pt. 2 (Comm. on Ways and Means), No.
98-133 accompanying H.R. 2163, Pt. 1 (Comm. on Merchant Marine and
Fisheries) and Pt. 2 (Comm. on Ways and Means), and No. 98-891 (Comm.
of Conference)
SENATE REPORT: No. 98-312 accompanying H.R. 2162 (Comm. on
Finanace)
CONGRESSIONAL RECORD:
Vol. 129 (1983): July 12, H.R. 2163 considered and passed House
Vol. 130 (1984): Apr. 5, 9-12, 24-26, 30, May 1-3, 8-11, 14-17, H.
R. 2163 considered in Senate.
Apr. 11, H.R. 4170 considered and passed House.
May 17, considered and passed Senate, amended, in lieu of H.R. 2163
May 23, House concurred in Senate amendments with an amendment.
June 27, Senate and House agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 20, No. 29 (1984):
July 18, Presidential Statement.
Public Law 98-368, 98 Stat. 490
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. "18 USC 1961 note" The Commission established by the
President by Executive Order 12435, dated July 28, 1983 (hereinafter in
this joint resolution referred to as the "Commission"), may hold
hearings. "3 CFR, 1983 Comp., p. 202" The powers authorized by this
resolution shall be limited to the purposes set forth in section 2 of
that Executive order. The Commission, or a member of the Commission or
member of the staff of the Commission designated by the Commission for
such purpose, may administer oaths and affirmations, examine witnesses,
and receive evidence.
SEC. 2. "18 USC 1961 note" (a) The Commission, or any member of the
Commission when so authorized by the Commission, shall have the power to
issue subpenas requiring the attendance and testimony of witnesses and
the production of information relating to a matter under investigation
by the Commission. A subpena may require the person to whom it is
directed to produce such information at any time before such person is
to testify. Such attendance of witnesses and the production of such
evidence may be required from any place within the jurisdiction of the
United States at any designated place of interview or hearing. A person
to whom a subpena issued under this subsection is directed may for cause
shown move to enlarge or shorten the time of attendance and testimony,
or may move to quash or modify a subpena for the production of
information if it is unreasonable or oppressive. In the case of a
subpena issued for the purpose of taking a deposition upon oral
examination, the person to be deposed may make any motion permitted
under rule 26(c) of the Federal Rules of Civil Procedure. "28 USC app."
(b)(1) In case of contumacy or refusal to obey a subpena issued to a
person under this section, a court of the United States within the
jurisdiction of which the person is directed to appear or produce
information, or within the jurisdiction of which the person is found,
resides, or transacts business, may upon application by the Attorney
General, issue to such person an order requiring such person to appear
before the Commission, or before a member of the Commission or a member
of the staff of the Commission designated by the Commission for such
purpose, there to give testimony or produce information relating to the
matter under investigation, as required by the subpena. Any failure to
obey such order of the court may be punished by the court as a contempt
thereof.
(2) The Commission is an agency of the United States for the purpose
of rule 81(a)(3) of the Federal Rules of Civil Procedure. "28 USC app."
(c) Process of a court to which application may be made under this
section may be served in a judicial district wherein the person required
to be served is found, resides, or transacts business.
SEC. 3. "18 USC 1961 note" A court of the United States within the
jurisdiction in which testimony of a person held in custody is sought by
the Commission or within the jurisdiction of which such person is held
in custody, may, upon application by the Attorney General, issue a writ
of habeas corpus ad testificandum requiring the custodian to produce
such person before the Commission, or before a member of the Commission
or a member of the staff of the Commission designated by the Commission
for such purpose.
SEC. 4. "18 USC 1961 note" The Commission is an agency of the United
States for the purpose of part V of title 18 of the United States Code.
"18 USC 6001".
SEC. 5. "18 USC 1961 note" (a) Process and papers issued pursuant to
this resolution may be served in person, by registered or certified
mail, by telegraph, or by leaving a copy thereof at the residence or
principal office or place of business of the person required to be
served. When service is by registered or certified mail or by
telegraph, the return post office receipt or telegraph receipt therefor
shall be proof of service. Otherwise, the verified return by the
individual making service, setting forth the manner of such service,
shall be proof of service.
(b) A witness summoned pursuant to this resolution shall be paid the
same fees and mileage as are paid witnesses in the courts of the United
States, and a witness whose deposition is taken and the person taking
the same shall severally be entitled to the same fees as are paid for
like services in the courts of the United States.
SEC. 6. (a)(1) The investigative activities of the Commission are
civil or criminal law enforcement activities for the purposes of section
552a(b)(7) of title 5, United States Code, except that section
552a(c)(3) "18 USC 1961 note" shall apply after the termination of the
Commission.
(2) The Commission is a Government authority, and an investigation
conducted by the Commission is a law enforcement inquiry, for the
purposes of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3401
et seq.). Any delay authorized by court order in the notice required
under that Act shall not exceed the life of the Commission, including
any extension thereof. Notwithstanding a delay authorized by court
order, if the Commission elects to publicly disclose the information in
hearings or otherwise, it shall give notice required under the Right to
Financial Privacy Act a reasonable time in advance of such disclosure.
(b) For the purposes of section 2517 of title 18, United States Code,
and as limited by subsection (c), the members and members of the staff
of the Commission are investigative or law enforcement officers, except
that in the case of a disclosure to or by any member or member of the
staff of the Commission of any of the contents of a communication
intercepted under section 2516(1) of such title, "18 USC 2516" such
disclosure may be made only after the Attorney General or the Attorney
General's designee has had an opportunity to determine that such
disclosure may jeopardize Federal law enforcement interests and has not
made that determination, and in the case of a disclosure to or by any
member or member of the staff of the Commission of any of the contents
of a communication intercepted under section 2516(2) of such title, such
disclosure may be made only after the appropriate State official has had
an opportunity to make a determination that such disclosure may
jeopardize State law enforcement interests and has not made that
determination.
(c)(1) A person to whom disclosure of information is made under this
section shall use such information solely in the performance of such
person's duties for the Commission and shall make no disclosure of such
information except as provided for by this joint resolution, or as
otherwise authorized by law.
(2) A disclosure or use by a member or a member of the staff of the
Commission of the contents of a communication intercepted under chapter
119 of title 18 of the United States Code "18 USC 2510 et seq" may be
made solely in the course of carrying out the functions of the
Commission as such functions were established by Executive Order 12435,
dated July 28, 1983. "3 CFR, 1983 Comp., p. 202".
SEC. 7. "18 USC 1961 note" Conduct, which if directed against a
United States attorney would violate section 111 or 1114 of title 18,
United States Code, shall, if directed against a member of the
Commission or a member of the staff of the Commission, be subject to the
same punishments as are provided by such sections for such conduct.
SEC. 8. The functions of the President under section 10(d) "18 USC
1961 note" of the Federal Advisory Committee Act (5 U.S.C. App. 10(d))
"5 USC app." shall be performed by the Chairman of the Commission.
SEC. 9. "18 USC 1961 note" (a) The Commission shall adopt rules and
procedures (1) to govern its proceedings; (2) to provide for the
security of records, documents, information, and other materials in its
custody and of its proceedings; (3) to prevent unauthorized disclosure
of information and materials disclosed to it in the course of its
inquiry; (4) to provide the right to counsel to all witnesses examined
pursuant to subpena; and (5) to accord the full protection of all
rights secured and guaranteed by the Constitution of the United States.
(b) No information in the possession of the Commission shall be
disclosed by any member or employee of the Commission to any person who
is not a member or employee of the Commission, except as authorized by
the Commission and by law.
(c) The term "employee of the Commission" means a person (1) whose
services have been retained by the Commission, (2) who has been
specifically designated by the Commission as authorized to have access
to information in the possession of the Commission, and (3) who has
agreed in writing and under oath to be bound by the rules of the
Commission, the provisions of this resolution, and other provisions of
law relating to the nondisclosure of information.
SEC. 10. "18 USC 1961 note" This joint resolution shall take effect
on the date of enactment and shall remain in effect until the expiration
of the Commission, including any extensions thereof, or two years,
whichever event occurs earlier.
Approved July 17, 1984.
LEGISLATIVE HISTORY -- H.J. Res. 548 (S.J. Res. 233):
HOUSE REPORT No. 98-734 (Comm. on the Judiciary).
SENATE REPORT No. 98-501 accompanying S.J. Res. 233 (Comm. on the
Judiciary).
CONGRESSIONAL RECORD, Vol. 130 (1984): May 7, considered and passed
House. June 15, considered and passed Senate, amended, in lieu of S.J.
Res. 233. June 26, House concurred in Senate amendment.
Public Law 98-367, 98 Stat. 472
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 Legislative Branch for the fiscal year ending
September 30, 1985, and for other purposes, namely:
For mileage of the Vice President and Senators of the United States,
$60,000.
For expense allowances of the Vice President, $10,000; the President
Pro Tempore of the Senate, $10,000; Majority Leader of the Senate,
$10,000; Minority Leader of the Senate, $10,000; Majority Whip of the
Senate, $5,000; and Minority Whip of the Senate, $5,000; in all,
$50,000.
For compensation of officers, employees, clerks to Senators, and
others as authorized by law, including agency contributions, which shall
be paid from this appropriation without regard to the below limitations,
as follows:
For the Office of the Vice President, $1,083,000.
For Office of the President Pro Tempore, $145,000.
For Offices of the Majority and Minority Leaders, $1,062,000.
For Offices of the Majority and Minority Whips, $407,000.
For the Conference of the Majority and the Conference of the
Minority, at rates of compensation to be fixed by the Chairman of each
such committee, $526,500 for each such committee; in all $1,053,000.
For Offices of the Secretaries of the Conference of the Majority and
the Conference of the Minority, $177,000.
For Office of the Chaplain, $87,000.
For Office of the Secretary, $7,067,000.
For administrative, clerical, and legislative assistance to Senators,
$98,789,000.
For Office of the Sergeant at Arms and Doorkeeper, $35,429,000.
For Offices of the Secretary for the Majority and the Secretary for
the Minority, $856,000.
For agency contributions for employee benefits, as authorized by law,
$19,487,000.
For salaries and expenses of the Office of the Legislative Counsel of
the Senate, $1,400,000.
For salaries and expenses of the Office of Senate Legal Counsel,
$565,000.
For expense allowances of the Secretary of the Senate, $3,000;
Sergeant at Arms and Doorkeeper of the Senate, $3,000; Secretary for
the Majority of the Senate, $3,000; Secretary for the Minority of the
Senate, $3,000; in all, $12,000.
For salaries and expenses of the Majority Policy Committee and the
Minority Policy Committee, $949,000 for each such committee; in all
$1,898,000.
For expenses of inquiries and investigations ordered by the Senate,
or conducted pursuant to section 134(a) of Public Law 601, Seventy-ninth
Congress, as amended, section 112 "2 USC 190b" of Public Law 96-304 "94
Stat. 892" and Senate Resolution 281, agreed to March 11, 1980,
$48,050,000.
For expenses of the Office of the Secretary of the Senate, $711,000.
For expenses of the Office of the Sergeant at Arms and Doorkeeper of
the Senate $41,214,000.
For miscellaneous items, $10,341,000.
For stationery for the President of the Senate, $4,500, for officers
of the Senate and the Conference of the Majority and Conference of the
Minority of the Senate, $7,500; in all, $12,000.
SEC. 1. Effective with respect to fiscal years beginning on or
after October 1, 1983, the first sentence of section 101 of the
Legislative Branch Appropriations Act, 1976 (2 U.S.C. 61a-9a) is amended
by striking out "but such expenditures shall not exceed $10,000 during
any fiscal year".
SEC. 2. (a) The last paragraph under the heading "Senate" in the
First Deficiency Act, fiscal year 1926 (44 Stat. 162; 2 U.S.C. 64a) is
amended to read as follows:
"For any period during which both the Secretary and the Assistant
Secretary of the Senate are unable (because of death, resignation, or
disability) to discharge such Secretary's duties as disbursing officer
of the Senate, the Financial Clerk of the Senate shall be deemed to be
the successor of such Secretary as disbursing officer.".
(b) The paragraph under the heading "Administrative Provision" in
chapter IV of the Supplemental Appropriations Act, 1972 (2 U.S.C. 64b)
is amended --
(1) in the first sentence thereof, by striking out ", except
those matters relating to the Secretary's duties as disbursing
officer of the Senate,"; and
(2) in the third sentence thereof, by striking out ", except
those matters relating to the Secretary's duties as such
disbursing officer".
SEC. 3. (a) Paragraph (1) of subsection (d) of section 105 of the
Legislative Branch Appropriation Act, 1968 (2 U.S.C. 61-1(d)), is
amended --
(1) by striking out "(A)" where it appears in the paragraph
designation for paragraph (1);
(2) by amending the second sentence to read as follows: "In
the event that the term of office of a Senator begins after the
first month of a fiscal year or ends (except by reason of death,
resignation, or expulsion) before the last month of a fiscal year,
the aggregate amount available for gross compensation of employees
in the office of such Senator for such year shall be the
applicable amount contained in the table included in the preceding
sentence, divided by 12, and multiplied by the number of months in
such year which are included in the Senator's term of office,
counting any fraction of a month as a full month"; and
(3) by striking out subparagraph (B).
(b) The amendments made by subsection (a) of this section "2 USC 61-1
note" shall be effective with respect to fiscal years beginning after
September 30, 1984.
SEC. 4. "2 USC 61-1b" At no time during the first three months of
any fiscal year (commencing with the fiscal year which begins October 1,
1984) shall the aggregate of payments of gross compensation made to
employees out of any line item appropriation within the Senate
appropriation account for "Salaries, Officers and Employees" (other than
the line item appropriations, within such account for "Administrative,
clerical, and legislative assistance to Senators" and for "Agency
contributions") exceed twenty-five per centum of the total amount
available for such line item appropriations for such fiscal year.
SEC. 5. "2 USC 117d" The Sergeant at Arms and Doorkeeper of the
Senate shall deposit in the United States Treasury for credit to the
appropriation account, within the contingent fund of the Senate, for the
"Sergeant at Arms and Doorkeeper of the Senate", all moneys received by
him as reimbursement for equipment provided to Senators, committee
chairmen, and other officers and employees of the Senate, which has been
lost, stolen, damaged, or otherwise unaccounted for.
SEC. 6. "2 USC 61f-9" The Sergeant at Arms and Doorkeeper of the
Senate, in carrying out the duties of his office, is authorized to
employ personnel at daily rates of compensation; no individual so
employed shall be paid at a daily rate of compensation which is in
excess of the per diem equivalent of the highest gross rate of annual
compensation which may be paid to employees of a standing committee of
the Senate; and payments under authority of this section shall be made
from the account, within the contingent fund of the Senate, for the
"Sergeant at Arms and Doorkeeper of the Senate", upon vouchers approved
by the Sergeant at Arms and Doorkeeper of the Senate.
SEC. 7. Section 117 of Public Law 97-51 (2 U.S.C. 61f-8) is amended
by striking out "$60,000" and inserting in lieu thereof "$210,000".
SEC. 8. Section 734 of title 31, United States Code, is amended --
(1) by striking out "(a)"; and
(2) by striking out subsection (b).
SEC. 9. "2 USC 61-1 note" Effective October 1, 1983, the allowance
for administration and clerical assistance of each Senator from the
State of Arizona is increased to that allowed to Senators from States
having population of three million but less than four million, the
population of such State having exceeded three million inhabitants.
SEC. 10. "2 USC 72a-1f" Notwithstanding any other provisions of law,
a Senator who is the Chairman or Vice Chairman of the Senate Select
Committee on Ethics may designate one employee employed in his Senate
office to perform part-time service for such Committee, and such
Committee shall reimburse such Senator for such employee's services for
the Committee by transferring from the contingent fund of the Senate,
upon vouchers approved by the Chairman of such Committee, to such
Senator's Administrative, Clerical, and Legislative Assistance
Allowance, with respect to each pay period of such employee, an amount
which bears the same ratio to such employee's salary (but not more than
one-half of such salary) for such period, as the portion of the time
spent (or to be spent) by such employee in performing services for such
Committee during such period bears to the total time for which such
employee worked (or will work) during such period (as determined by the
Chairman of such Committee) for such Committee and in such Senator's
office. Any funds transferred under authority of the preceding sentence
to a Senator's Administrative, Clerical, and Legislative Assistance
shall be available for the same purposes and in like manner as funds
therein which were not transferred thereto under such authority. For
purposes of any law of the United States, a State, a territory, or a
political subdivision thereof, an employee designated by a Senator
pursuant to this section shall be considered to be an employee of such
Senator's Senate office and not an employee of the Senate Select
Committee on Ethics.
SEC. 11. (a) Section 110(a) of Public Law 97-12 (2 U.S.C. 58b) is
amended --
(1) by inserting, immediately after the first sentence thereof,
the following new sentence: "Each Senator, at his election, may,
during any fiscal year (but not earlier than August 1 thereof),
transfer from his clerk hire allowance to such Senator's Official
Office Expense Account such amounts in such clerk hire allowance
as the Senator shall determine, but not in excess of the balance
(or accrued surplus in case of transfers made prior to October 1,
1984) as of the end of the month which precedes the date of such
transfer.";
(2) in the second sentence thereof, by striking out "balance"
and inserting in lieu thereof "amount"; and
(3) in the third sentence thereof, by striking out "December
31," and all that follows, and inserting in lieu thereof "December
31 of the calendar year in which occurs the close of such fiscal
year, and such transfer shall be made on such date (but not
earlier than August 1 of such calendar year) as may be specified
by the Senator.".
(b) The amendments made by subsection (a) "2 USC 58b. note" shall be
effective in the case of fiscal years beginning after September 30,
1983.
SEC. 12. (a) The second sentence of paragraph (2) of section 105(d)
of the Legislative Branch Appropriation Act, 1968 (2 U.S.C. 61-1(d)(
2)), is amended to read as follows: "The salary of an employee in a
Senator's office shall not be fixed under this paragraph at a rate less
than $1,251 or in excess of $68,172 per annum.".
(b) The first sentence of paragraph (3) of section 105(e) of such Act
(2 U.S.C. 61-1(e)) is amended to read as follows: "No employee of a
committee of the Senate shall be paid at a gross rate in excess of
$67,694, in case of an employee of a joint committee the expenses of
which are paid from the contingent fund of the Senate, $68,172, in case
of an employee of a select committee (including the conference majority
and conference minority of the Senate), or $69,966, in case of an
employee of any standing committee (including the majority and minority
policy committees) of the Senate.".
(c) The amendments made by subsection (a) of this section "2 USC 61-1
note" shall take effect on October 1, 1984.
For mileage of Members, as authorized by law, $210,000.
For salaries and expenses, as authorized by law, $3,240,000,
including: Office of the Speaker, $748,000, including $18,000 for
official expenses of the Speaker; Office of the Majority Floor Leader,
$664,000, including $10,000 for official expenses of the Majority
Leader; Office of the Minority Floor Leader, $740,000, including
$10,000 for official expenses of the Minority Leader; Office of the
Majority Whip, $582,000, including $1,000 for official expenses of the
Majority Whip and not to exceed $139,911 for the Chief Deputy Majority
Whip; Office of the Minority Whip, $506,000, including $1,000 for
official expenses of the Minority Whip and not to exceed $73,878 for the
Chief Deputy Minority Whip.
For compensation and expenses of officers and employees, as
authorized by law, $46,947,000, including: Office of the Clerk,
$13,254,000; Office of the Sergeant at Arms, including overtime, as
authorized by law, $17,975,000; Office of the Doorkeeper, including
overtime, as authorized by law, $6,645,000; Office of the Postmaster,
$1,985,000, including $44,928 for employment of substitute messengers
and extra services of regular employees when required at the salary rate
of not to exceed $15,652 per annum each; Office of the Chaplain,
$72,000; Office of the Parliamentarian, including the Parliamentarian
and $2,000 for preparing the Digest of Rules, $602,000; for salaries
and expenses of the Office for the Bicentennial of the House of
Representatives, $188,000; for salaries and expenses of the Office of
the Law Revision Counsel of the House, $822,000; for salaries and
expenses of the Office of the Legislative Counsel of the House,
$2,869,000; six minority employees, $422,000; the House Democratic
Steering Committee and Caucus, $563,000; the House Republican
Conference, $563,000; and Other Authorized Employees, $987,000.
Such amounts as are deemed necessary for the payment of salaries of
officers and employees under this head may be transferred between the
various offices and activities within this appropriation, "Salaries,
Officers and Employees", upon the approval of the Committee on
Appropriations of the House of Representatives.
For professional and clerical employees of standing committees,
including the Committee on Appropriations and the Committee on the
Budget, $37,808,000.
For salaries and expenses, studies and examinations of executive
agencies, by the Committee on Appropriations, and temporary personal
services for such committee, to be expended in accordance with section
202(b) of the Legislative Reorganization Act, 1946, "2 USC 72a" and to
be available for reimbursement to agencies for services performed,
$4,315,000.
For salaries, expenses, and studies by the Committee on the Budget,
and temporary personal services for such committee to be expended in
accordance with sections 101(c), 606, 703, and 901(e), of the
Congressional Budget Act of 1974, "88 Stat. 299; 2 USC 661, 623; 88
Stat. 330" and to be available for reimbursement to agencies for
services performed, $329,000.
For staff employed by each Member in the discharge of official and
representative duties, $164,126,000.
For allowances and expenses as authorized by House resolution or law,
$122,565,000, including: Official Expenses of Members, $68,200,000;
supplies, materials, administrative costs and Federal tort claims,
$18,160,000; furniture and furnishings, $1,270,000; stenographic
reporting of committee hearings, $500,000; reemployed annuitants
reimbursements, $1,782,000; Government contributions to employees' life
insurance fund, retirement fund, and health benefits fund, $32,153,000;
and miscellaneous items including, but not limited to, purchase,
exchange, maintenance, repair and operation of House motor vehicles,
interparliamentary receptions and gratuities to heirs of deceased
employees of the House, $500,000.
Such amounts as are deemed necessary for the payment of allowances
and expenses under this head may be transferred between the various
categories within this appropriation, "Allowances and Expenses", upon
the approval of the Committee on Appropriations of the House of
Representatives.
For salaries and expenses of standing committees, special and select,
authorized by the House, $45,667,000.
SEC. 101. Of the amounts appropriated in fiscal year 1985 for the
House of Representatives under the headings "Committee employees",
"Standing committees, special and select", "Salaries, officers and
employees", "Allowances and expenses", and "Members' clerk hire", such
amounts as are deemed necessary for the payment of salaries and expenses
may be transferred among the aforementioned accounts upon approval of
the Committee on Appropriations of the House of Representatives.
SEC. 102. "2 USC 29c" The provisions of clause 10, rule I, of the
Rules of the House of Representatives as in effect before the date of
enactment of this Act, relating to the Office for the Bicentennial for
the House of Representatives, established by House Resolution 621,
Ninety-seventh Congress, shall be the permanent law with respect
thereto. Rule I of the Rules of the House of Representatives is amended
by striking out clause 10.
SEC. 103. "2 USC 88c-1 -- 88c-4, 88c-1 note" The provisions of H.
Res. 234, approved June 29, 1983, providing for appointment and
education of House Pages; H. Res. 279, "2 USC 88b" approved July 21,
1983, regarding the use of certain educational facilities; and the
provisions of H. Res. 343, "40 USC 206 note" approved October 26, 1983,
upgrading four positions on the Capitol Police Force, shall be the
permanent law with respect thereto.
For joint committees, as follows:
For salaries and expenses of the Joint Economic Committee,
$2,569,000.
For salaries and expenses of the Joint Committee on Printing,
$909,000.
For salaries and expenses of the Joint Committee on Taxation,
$3,605,000, to be disbursed by the Clerk of the House.
For other joint items, as follows:
For medical supplies, equipment, and contingent expenses of the
emergency rooms, and for the Attending Physician and his assistants,
including (1) an allowance of $1,000 per month to the Attending
Physician; (2) an allowance of $600 per month to one Senior Medical
Officer while on duty in the Attending Physician's office; (3) an
allowance of $200 per month each to two medical officers while on duty
in the Attending Physician's office; (4) an allowance of $200 per month
each to not to exceed nine assistants on the basis heretofore provided
for such assistance; and (5) $644,800 for reimbursement to the
Department of the Navy for expenses incurred for staff and equipment
assigned to the Office of the Attending Physician, such amount shall be
advanced and credited to the applicable appropriation or appropriations
from which such salaries, allowances, and other expenses are payable and
shall be available for all the purposes thereof, $956,000, to be
disbursed by the Clerk of the House.
For purchasing and supplying uniforms; the purchase, maintenance,
and repair of police motor vehicles, including two-way police radio
equipment; contingent expenses, including advance payment for travel
for training or other purposes, and expenses associated with the
relocation of instructor personnel to and from the Federal Law
Enforcement Training Center as approved by the Chairman of the Capitol
Police Board, and including $80 per month for extra services performed
for the Capitol Police Board by such member of the staff of the Sergeant
at Arms of the Senate or the House as may be designated by the Chairman
of the Board, $1,471,000, to be disbursed by the Clerk of the House:
Provided, That the funds used to maintain the petty cash fund referred
to as "Petty Cash II" which is to provide for the prevention and
detection of crime should not exceed $4,000: Provided further, That the
funds used to maintain the petty cash fund referred to as "Petty Cash
III" which is to provide for the advance of travel expenses attendant to
protective assignments shall not exceed $4,000.
Funds available for obligations for fiscal year 1985 to enable the
Capitol Police Board to provide additional protection for the Capitol
Buildings and Grounds, including the Senate and House Office Buildings
and the Capitol Power Plant, $141,188, to be disbursed by the Clerk of
the House. Such sum shall be expended only for payment of salaries and
other expenses of personnel detailed from the Metropolitan Police of the
District of Columbia, and the Mayor of the District of Columbia is
authorized and directed to make such details upon the request of the
Board. Personnel so detailed shall, during the period of such detail,
serve under the direction and instructions of the Board and are
authorized to exercise the same authority as members of such
Metropolitan Police and members of the Capitol Police and to perform
such other duties as may be assigned by the Board. Reimbursement for
salaries and other expenses of such detail personnel shall be made to
the government of the District of Columbia, and any sums so reimbursed
shall be credited to the appropriation or appropriations from which such
salaries and expenses are payable and shall be available for all the
purposes thereof: Provided, That any person detailed under the
authority of this paragraph or under similar authority in the
Legislative Branch Appropriation Act, 1942, "55 Stat. 44b" and the
Second Deficiency Appropriation Act, 1940, "54 Stat. 628" from the
Metropolitan Police of the District of Columbia shall be deemed a member
of such Metropolitan Police during the period or periods of any such
detail for all purposes of rank, pay, allowances, privileges, and the
benefits to the same extent as though such detail had not been made, and
at the termination thereof any such person shall have a status with
respect to rank, pay, allowances, privileges, and benefits which is not
less than the status of such person in such police at the end of such
detail.
No part of any appropriation contained in this Act shall be paid as
compensation to any person appointed after June 30, 1935, as an officer
or member of the Capitol Police who does not meet the standards to be
prescribed for such appointees by the Capitol Police Board.
For expenses necessary for official mail costs, $73,944,000, to be
disbursed by the Clerk of the House, to be available immediately upon
enactment of this Act.
For salaries and expenses of the Capitol Guide Service, $810,000, to
be disbursed by the Secretary of the Senate: Provided, That none of
these funds shall be used to employ more than twenty-eight individuals:
Provided further, That the Capitol Guide Board is authorized, during
emergencies, to employ not more than two additional individuals for not
more than one hundred twenty days each, and not more than ten additional
individuals for not more than six months each, for the Capitol Guide
Service.
For the preparation, under the direction of the Committees on
Appropriations of the Senate and House of Representatives, of the
statements for the second session of the Ninety-eighth Congress, showing
appropriations made, indefinite appropriations, and contracts
authorized, together with a chronological history of the regular
appropriation bills as required by law, $13,000, to be paid to the
persons designated by the chairmen of such committees to supervise the
work.
For salaries and expenses necessary to carry out the provisions of
the Technology Assessment Act of 1972 (Public Law 92-484), "2 USC 471
note" including reception and representation expenses (not to exceed
$3,000 from the Trust Fund) and rental of space in the District of
Columbia, and those necessary to carry out the duties of the Director of
the Office of Technology Assessment under Section 1886 of the Social
Security Act as amended by Section 601 of the Social Security Amendments
of 1983 (Public Law 98-21), "97 Stat. 149" "42 USC 1395ww" $15,549,000:
Provided, That none of the funds in the Act shall be available for
salaries or expenses of any employee of the Office of Technology
Assessment in excess of 143 staff employees: Provided further, That no
part of this appropriation shall be available for assessment or
activities not initiated and approved in accordance with section 3(d) of
Public Law 92-484, except that funds shall be available for the
assessment required by Public Law 96-151. "93 Stat. 1092" "38 USC 101
note".
For salaries and expenses necessary to carry out the provisions of
the Congressional Budget Act of 1974 "2 USC 621 note" (Public Law
93-344), $17,418,000: Provided, That none of these funds shall be
available for the purchase or hire of a passenger motor vehicle:
Provided further, That none of the funds in this Act shall be available
for salaries or expenses of any employee of the Congressional Budget
Office in excess of 222 staff employees: "2 USC 605" Provided further,
That any sale or lease of property, supplies, or services to the
Congressional Budget Office shall be deemed to be a sale or lease of
such property, supplies, or services to the Congress subject to Section
903 of Public Law 98-63. "97 Stat. 336" "2 USC 111b and note".
For the Architect of the Capitol; the Assistant Architect of the
Capitol; the Executive Assistant; and other personal services; at
rates of pay provided by law $5,137,000.
Appropriations under the control of the Architect of the Capitol "40
USC 166a" shall be available for expenses of travel on official business
not to exceed in the aggregate under all funds the sum of $20,000.
To enable the Architect of the Capitol to make surveys and studies,
to incur expenses authorized by the Act of December 13, 1973 (87 Stat.
704), "40 USC 166d, 166e" and to meet unforeseen expenses in connection
with activities under his care, $235,000, which shall remain available
until expended.
For all necessary expenses for the maintenance, care and operation of
the Capitol Building and electrical substations of the Senate and House
Office Buildings, under the jurisdiction of the Architect of the
Capitol, including furnishings and office equipment; not to exceed
$1,000 for official reception and representation expenses, to be
expended as the Architect of the Capitol may approve; purchase or
exchange, maintenance and operation of a passenger motor vehicle; for
expenses of attendance, when specifically authorized by the Architect of
the Capitol, at meetings or conventions in connection with subjects
related to work under the Architect of the Capitol, $11,615,850, of
which $1,200,000 shall remain available until expended: Provided, That
appropriations under this head shall be available for replacement of
Electromechanical Signal Devices for the legislative call system and for
security improvements without regard to section 3709 "41 USC 5" of the
Revised Statutes, as amended.
For all necessary expenses for care and improvement of grounds
surrounding the Capitol, the Senate and House Office Buildings, and the
Capitol Power Plant, $2,796,000, of which $10,000 shall remain available
until expended.
For all necessary expenses for maintenance, care and operation of the
Senate Office Buildings; and furniture and furnishings, to be expended
under the control and supervision of the Architect of the Capitol,
$19,241,000 of which $2,394,000 shall remain available until expended,
and $1,521,000 to be made available immediately upon enactment into law
of this Act; in all, $20,762,000.
For all necessary expenses for the maintenance, care and operation of
the House Office Buildings, including the position of Superintendent of
Garages as authorized by law, $22,750,000, of which $2,070,000 shall
remain available until expended: Provided, That "40 USC 175 note"
notwithstanding any other provision of law, the House Office Building
Commission is authorized to use, to such extent as it may deem
necessary, for the purposes of providing office and other accomodations
for the House of Representatives, the building located at 501 First
Street, S.E., on a portion of Reservation 17 in the District of Columbia
when such building is acquired by the Architect of the Capitol at the
direction of the House Office Building Commission under authority of the
Additional House Office Building Act of 1955, and to incur any
expenditures under this appropriation required for alterations,
maintenance, and occupancy thereof: Provided further, That any space in
such building used for office and other accomodations for the House of
Representatives shall be deemed to be a part of the "House Office
Buildings" and, as such, shall be subject to the laws, rules, and
regulations applicable to those buildings.
For all necessary expenses for the maintenance, care and operation of
the Capitol Power Plant; for lighting, heating, and power (including
the purchase of electrical energy) for the Capitol, Senate and House
Office Buildings, Congressional Library Buildings, and the grounds about
the same, Botanic Garden, Senate garage, and for air conditioning
refrigeration not supplied from plants in any of such buildings; for
heating the Government Printing Office and Washington City Post Office
and heating and chilled water for air conditioning for the Supreme Court
Building, Union Station complex and the Folger Shakespeare Library,
expenses for which shall be advanced or reimbursed upon request of the
Architect of the Capitol and amounts so received shall be deposited into
the Treasury to the credit of this appropriation; $23,834,000:
Provided, That not to exceed $1,950,000 of the funds credited or to be
reimbursed to this appropriation as herein provided shall be available
for obligation during fiscal year 1985.
Of the funds appropriated under this head in Public Law 97-51, made
available until expended, $914,000 are rescinded.
For necessary expenses to carry out the provisions of section 203 of
the Legislative Reorganization Act of 1946, as amended by section 321 of
the Legislative Reorganization Act of 1970 "2 USC 166 and note" (2
U.S.C. 166) and to revise and extend the Annotated Constitution of the
United States of America, $39,833,000: Provided, That no part of this
appropriation may be used to pay any salary or expense in connection
with any publication, or preparation of material therefor (except the
Digest of Public General Bills), to be issued by the Library of Congress
unless such publication has obtained prior approval of either the
Committee on House Administration or the Senate Committee on Rules and
Administration: "2 USC 166" Provided further, That, notwithstanding any
other provisions of law, the compensation of the Director of the
Congressional Research Service, Library of Congress, shall be at an
annual rate which is equal to the annual rate of basic pay for positions
at level IV of the Executive Schedule under section 5315 of title 5,
United States Code: Provided further, That this rate of basic pay shall
take effect on the first day of the first applicable pay period
commencing on or after the date of enactment of this Act.
For authorized printing and binding for the Congress; for printing
and binding for the Architect of the Capitol; expenses necessary for
preparing the semimonthly and session index to the Congressional Record,
as authorized by law (44 U.S.C. 902); and printing and binding of
Government publications authorized by law to be distributed to Members
of Congress, $80,800,000: Provided, That this appropriation shall not
be available for printing and binding part 2 of the annual report of the
Secretary of Agriculture (known as the Yearbook of Agriculture) or for
printing and binding copies of the permanent edition of the
Congressional Record for individual Representatives, Resident
Commissioners or Delegates authorized under 44 U.S.C. 906: Provided
further, That this appropriation shall be available for the payment of
obligations incurred under the appropriations for similar purposes for
preceding fiscal years.
This title may be cited as the "Congressional Operations
Appropriation Act, 1985".
For all necessary expenses for the maintenance, care and operation of
the Botanic Garden and the nurseries, buildings, grounds, and
collections; purchase and exchange, maintenance, repair, and operation
of a passenger motor vehicle; all under the direction of the Joint
Committee on the Library, $2,044,000, of which $20,000 shall remain
available until expended.
For necessary expenses of the Library of Congress, not otherwise
provided for, including development and maintenance of the Union
Catalogs; custody, care and maintenance of the Library Buildings;
special clothing, cleaning, laundering and repair of uniforms;
preservation of motion pictures in the custody of the Library;
operation and maintenance of the American Folklife Center and the
American Television and Radio Archives in the Library; preparation and
distribution of catalog cards and other publications of the Library;
and expenses of the Library of Congress Trust Fund Board not properly
chargeable to the income of any trust fund held by the Board,
$137,492,000, of which not more than $4,300,000 shall be derived from
collections credited to this appropriation during fiscal year 1985 under
the Act of June 28, 1902, as amended (2 U.S.C. 150); Provided, That the
total amount available for obligation shall be reduced by the amount by
which collections are less than the $4,300,000: Provided further, That,
of the total amount appropriated, $5,242,000 is to remain available
until expended for acquisition of books, periodicals, and newspapers,
and all other materials including subscriptions for bibliographic
services for the Library, including $40,000 to be available solely for
the purchase, when specifically approved by the Librarian, of special
and unique materials for additions to the collections.
For necessary expenses of the Copyright Office, including publication
of the decisions of the United States courts involving copyrights,
$17,102,000, of which not more than $6,000,000 shall be derived from
collections credited to this appropriation during fiscal year 1985 under
17 U.S.C. 708(c): Provided, That the total amount available for
obligation shall be reduced by the amount by which collections are less
than the $6,000,000.
For salaries and expenses to carry out the provisions of the Act
approved March 3, 1931, as amended (2 U.S.C. 135a), $36,592,000.
For necessary expenses for carrying out the provisions of section
104(b)(5) of the Agricultural Trade Development and Assistance Act of
1954, as amended (7 U.S.C. 1704), to remain available until expended,
$3,318,000, and, in addition, $300,000 to be derived by release of that
amount withheld from obligation by the Librarian of Congress pursuant to
section 311 of Public Law 95-391, "92 Stat. 790" of which $3,111,000
shall be available only for payments in any foreign currencies owed to
or owned by the United States which the Treasury Department shall
determine to be excess to the normal requirements of the United States.
For necessary expenses for the purchase and repair of furniture,
furnishings, office and library equipment, $1,673,000.
SEC. 201. Appropriations in this Act available to the Library of
Congress shall be available, in an amount not to exceed $146,875, of
which $54,950 is for the Congressional Research Service, when
specifically authorized by the Librarian, for expenses of attendance at
meetings concerned with the function or activity for which the
appropriation is made.
SEC. 202. (a) No part of the funds appropriated in this Act shall be
used by the Library of Congress to administer any flexible or compressed
work schedule which --
(1) applies to any manager or supervisor in a position the
grade or level of which is equal to or higher than GS-15; and
(2) grants the manager or supervisor the right to not be at
work for all or a portion of a workday because of time worked by
the manager or supervisor on another workday.
(b) For purposes of this section, the term "manager or supervisor"
means any management official or supervisor, as such terms are defined
in section 7103(a)(10) and (11) of title 5, United States Code.
For all necessary expenses for the mechanical and structural
maintenance, care and operation of the Library buildings and grounds,
$5,709,000, of which $310,000 shall remain available until expended.
For necessary expenses of the Copyright Royalty Tribunal, $722,000,
of which $505,000 shall be derived by collections from the appropriation
"Payments to Copyright Owners" for the reasonable costs incurred in
proceedings involving distribution of royalty fees as provided by 17
U.S.C. 807.
For printing, binding, and distribution of Government publications
authorized by law to be distributed without charge to the recipient,
$13,200,000: Provided, That this appropriation shall not be available
for printing and binding part 2 of the annual report of the Secretary of
Agriculture (known as the Yearbook of Agriculture): Provided further,
That this appropriation shall be available for the payment of
obligations incurred under the appropriations for similar purposes for
preceding fiscal years.
For necessary expenses of the Office of Superintendent of Documents,
including compensation of all employees in accordance with the
provisions of 44 U.S.C. 305; travel expenses (not to exceed $88,300);
price lists and bibliographies; repairs to buildings, elevators, and
machinery; and supplying books to depository libraries; $28,868,000:
Provided, That $300,000 of this appropriation shall be apportioned for
use pursuant to section 3679 of the Revised Statutes, as amended (31 U.
S.C. 1512), with the approval of the Public Printer, only to the extent
necessary to provide for expenses (excluding permanent personal
services) for workload increases not anticipated in the budget estimates
and which cannot be provided for by normal budgetary adjustments.
The Government Printing Office is hereby authorized to make such
expenditures, within the limits of funds available and in accord with
the 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 9104" as amended, as may be necessary in
carrying out the programs and purposes set forth in the budget for the
current fiscal year for the "Government Printing Office revolving fund":
Provided, That not to exceed $5,000 may be expended on the
certification of the Public Printer in connection with special studies
of government printing, binding, and distribution practices and
procedures: Provided further, That during the current fiscal year the
revolving fund shall be available for the hire of two passenger motor
vehicles and the purchase of one passenger motor vehicle: Provided
further, That expenditures in connection with travel expenses of the
advisory councils to the Public Printer shall be deemed necessary to
carry out the provisions of title 44, United States Code: Provided
further, That the revolving fund 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 grade GS-18: Provided
further, That the revolving fund shall be available to acquire needed
land, located in Northwest D.C., which is adjacent to the present
Government Printing Office, and is bounded by New Jersey Avenue and th
western property line of the Government Printing Office, between G and H
Streets.
For necessary expenses of the General Accounting Office, including
not to exceed $5,000 to be expended on the certification of the
Comptroller General of the United States in connection with official
representation and reception expenses; 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 grade GS-18; hire of one passenger motor
vehicle; advance payments in foreign countries notwithstanding 31 U.S.
C. 3324; benefits comparable to those payable under sections 901(5),
901(6) and 901(8) of the Foreign Service Act of 1980 (22 U.S.C. 4081(
5), 4081(6) and 4081(8), respectively); and under regulations
prescribed by the Comptroller General of the United States, rental of
living quarters in foreign countries and travel benefits comparable with
those which are now or hereafter may be granted single employees of the
Agency for International Development, including single Foreign Service
personnal assigned to A.I.D. projects, by the Administrator of the
Agency for International Development -- or his designee -- under the
authority of section 636(b) of the Foreign Assistance Act of 1961 (22
U.S.C. 2396(b)); $294,704,000: Provided, That this appropriation and
appropriations for administrative expenses of any other department or
agency which is a member of the Joint Financial Management Improvement
Program (JFMIP) shall be available to finance an appropriate share of
JFMIP costs as determined by the JFMIP, including but not limited to the
salary of the Executive Director and secretarial support: Provided
further, That this appropriation and appropriations for administrative
expenses of any other department or agency which is a member of the
National Intergovernmental Audit Forum or a Regional Intergovernmental
Audit Forum shall be available to finance an appropriate share of Forum
costs as determined by the Forum, including necessary travel expenses of
non-Federal participants. Payments hereunder to either the Forum or the
JFMIP may be credited as reimbursements to any appropriation from which
costs involved are initially financed: Provided further, That this
appropriation and appropriations for administrative expenses of any
other department or agency which is a member of the American Consortium
on International Public Administration (ACIPA) shall be available to
finance an appropriate share of ACIPA costs as determined by the ACIPA,
including any expenses attributable to membership of ACIPA in the
International Institute of Administrative Sciences: Provided further,
That this appropriation shall be available to finance a portion, not to
exceed $50,000, of the costs of the Governmental Accounting Standards
Board.
For salaries and expenses of the Railroad Accounting Principles
Board, $1,000,000, to be expended in accordance with the provisions of
H.R. 4439, as passed by the House of Representatives on February 7,
1984.
SEC. 301. No part of the funds appropriated in this Act shall be
used for the maintenance or care of private vehicles, except for
emergency assistance and cleaning as may be provided under regulations
relating to parking facilities for the House of Representatives issued
by the Committee on House Administration.
SEC. 302. 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. 303. Whenever any office or position not specifically
established by the Legislative Pay Act of 1929 "42 Stat. 32" is
appropriated for herein or whenever the rate of compensation or
designation of any position appropriated for herein is different from
that specifically established for such position by such Act, the rate of
compensation and the designation of the position, or either,
appropriated for or provided herein, shall be the permanent law with
respect thereto: Provided, That the provisions herein for the various
items of official expenses of Members, officers, and committees of the
Senate and House, and clerk hire for Senators and Members shall be the
permanent law with respect thereto.
SEC. 304. 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.
This Act may be cited as the "Legislative Branch Appropriations Act,
1985".
Approved July 17, 1984.
LEGISLATIVE HISTORY -- H.R. 5753:
HOUSE REPORTS: No. 98-811 (Comm. on Appropriations) and No. 98-870
(Comm. of Conference).
SENATE REPORT No. 98-515 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 130 (1984): June 6, considered and passed
House. June 21, considered and passed Senate, amended. June 28, House
agreed to conference report and concurred in Senate amendments; Senate
agreed to conference report.
PUBLIC LAW 98-366, 98 STAT. 468
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. The following may be cited as the "Barrow Gas Field
Transfer Act of 1984'.
SEC. 2. (a) The Secretary of the Interior (hereinafter "the
Secretary') shall convey to the North Slope Borough the subsurface
estate held by the United States to the Barrow gas fields and the
Walakpa gas discovery site, related support facilities, other lands,
interests, and funds in accordance with the terms and conditions of the
agreement, including appendix numbered 1, between the Secretary of the
Interior and the North Slope Borough dated September 22, 1983
(hereinafter "the NSB Agreement'), on file with the Senate Energy and
Natural Resources Committee and the House Interior and Insular Affairs
Committee, which is hereby incorporated into this Act.
(b) Upon conveyance, the North Slope Borough is authorized,
notwithstanding any other provision of law, to explore for, develop, and
produce fluid hydrocarbons within the lands and interests granted:
Provided, That section 301(a) of the NSB Agreement shall not reduce
revenues which would otherwise be shared with the State of Alaska under
the provisions of Public Law 96-514 "94 Stat. 2957' by providing for the
disposition of gas at less than the value referred to in section 301(d)
of the NSB Agreement or as a result of the crediting provisions of
section 301(a)(3) of the NSB Agreement.
(c) The Barrow gas fields and related support facilities shall
continue to be exempt from the Pipeline Safety Act, title 49 of the Code
of Federal Regulations, "49 USC app. 1671' and all other rules and
regulations governing the design, construction, and operation of gas
pipelines, wells, and related facilities.
(d) The provisions of the National Environmental Policy Act "42 USC
4321' shall apply to any land conveyance under section 203(b) of the NSB
Agreement. During the NEPA process, the North Slope Borough shall
consult with the United States Fish and Wildlife Service, the Alaska
Department of Fish and Game, and the National Park Service concerning
the fish, wildlife, cultural, and historic values of the area to be
selected. The Secretary is authorized to approve or deny the selection.
If denied, the North Slope Borough shall be entitled to identify an
alternative site, which shall be subject to the review process set forth
in this section.
(e) The North Slope Borough shall not make a selection under section
203(b) of the NSB Agreement in areas designated by the Congress or the
Secretary under section 104(b) of the Naval Petroleum Reserves
Production Act of 1976 "42 USC 6504' for the protection of surface
values, as depicted on the map set forth on page 125 of the "Final
Environmental Impact Statement on Oil and Gas Leasing in the National
Petroleum Reserve in Alaska' dated February 1983, or within the
boundaries of the Kasegaluk Lagoon Potential Natural Landmark as
identified in study report numbered 2 prepared pursuant to section 105(
c) of that Act, "42 USC 6505' or within any area withdrawn or designated
for study pursuant to section 604 of the Alaska National Interest Lands
Conservation Act. "16 USC 1276'
(f) Notwithstanding the time limit specified in the NSB Agreement,
the North Slope Borough shall have ten years from the date of this Act
to make its selection under section 203(b) of the NSB Agreement. If,
within ninety days of the expiration of the ten-year period, or after
the expiration of such period, the Secretary denies any selection, the
North Slope Borough shall select an alternative site within ninety days
of such denial. If an alternative site is denied, the selection and
review process in this subsection shall be repeated until a site is
approved by the Secretary.
(g) Notwithstanding any provision of the NSB Agreement, the North
Slope Borough shall obtain the right to divert, use, appropriate, or
possess water solely through compliance with applicable laws of the
United States and the State of Alaska.
(h) Notwithstanding any provision of the NSB Agreement, the right of
the North Slope Borough to exploit gas and entrained liquid hydrocarbons
from Federal test wells in the National Petroleum Reserve-Alaska shall
not apply to test wells in areas designated by the Congress or the
Secretary under section 104(b) of the Naval Petroleum Reserves
Production Act of 1976 "42 USC 6504' for the protection of surface
values, as depicted on the map set forth on page 125 of the "Final
Environmental Impact Statement on Oil and Gas Leasing in the National
Petroleum Reserve in Alaska' dated February 1983, or within the
boundaries of the Kasegaluk Lagoon Potential Natural Landmark as
identified in study report numbered 2 prepared pursuant to section 105(
c) of that Act "42 USC 6505', or within any area withdrawn or designated
for study pursuant to section 604 of the Alaska National Interest Lands
Conservation Act. "16 USC 1276'
(i) The Secretary shall process any application submitted by the
North Slope Borough under section 203(d) of the NSB Agreement for a
right-of-way which crosses, in whole or in part, any lands within any
area designated by the Congress or the Secretary under section 104(b) of
the Naval Petroleum Reserves Production Act of 1976 "42 USC 6504' for
the protection of surface values, as depicted on the map set forth on
page 125 of the "Final Environmental Impact Statement on Oil and Gas
Leasing in the National Petroleum Reserve in Alaska' dated February
1983, or within the boundaries of the Kasegaluk Lagoon Potential Natural
Landmark as identified in study report numbered 2 prepared pursuant to
section 105(c) of that Act, "42 USC 6505' or within any area withdrawn
or designated for study pursuant to section 604 of the Alaska National
Interest Lands Conservation Act, "16 USC 1276' under the provisions of
title XI of the Alaska National Interest Lands Conservation Act. "16
USC 3161' In processing any such application for a right-of-way which
crosses, in whole or in part, any lands Act "16 USC 3161'. In
processing any such application the Congress or the Secretary under
section 104(b) of the Naval Petroleum Reserves Production Act of 1976
"42 USC 6504', the protection of the values and the continuation of the
uses specified in section 104(b) of that Act shall be considered to be
the purposes for which the area was established.
(j) Nothing in this Act or in the NSB Agreement shall be construed as
amending the provisions of the Alaska National Interest Lands
Conservation Act "16 USC 3101' or as amending or repealing any other
provision of law applicable to any conservation system unit, as that
term is defined in section 102(4) of that Act. "16 USC 3102'
SEC. 3. The Secretary of the Interior shall convey to Ukpeagvik
Inupiat Corporation (hereinafter "UIC'), subject to valid existing
rights, all right, title, and interest held by the United Stated to sand
and gravel underlying the surface estate owned by UIC in the Barrow gas
fields and Walakpa gas discovery site, upon execution of an easement
agreement with the North Slope Borough, satisfactory to the North Slope
Borough, in consideration for the conveyance to UIC of such sand and
gravel, providing for easements, for all purposes associated with
operation, maintenance, development, production, generation, or
transportation of energy, including the transmission of electricity,
from the Barrow gas fields, the Walakpa discovery site, or from any
other source of energy chosen by the North Slope Borough, to supply
energy to Barrow, Wainwright, and Atkasook, and providing such easements
when and where required as determined by the North Slope Borough during
the life of such fields or other energy sources.
SEC. 4. (a) Section 102 of the Naval Petroleum Reserves Production
Act of 1976 (42 U.S.C. 6502) is amended by adding "and the North Slope
Borough' immediately after "Alaska Natives', by deleting "and'
immediately after "responsibilities under this Act,', and by replacing
the period following "Alaska Native Claims Settlement Act' with ", and
(4) grant such rights-of-way to the North Slope Borough, under the
provisions of title V of the Federal Land Policy and Management Act of
1976 "43 USC 1761' or section 28 of the Mineral Leasing Act, "30 USC
185' as amended, as may be necessary to permit the North Slope Borough
to provide energy supplies to villages on the North Slope.'
(b) Section 104(e) of the Naval Petroleum Reserves Production Act of
1976 (42 U.S.C. 6504(e)) is repealed effective October 1, 1984.
SEC. 5. (a) In consideration for the relinquishment of rights that
Arctic Slope Regional Corporation has under section 1431(o) of the
Alaska National Interest Lands Conservation Act, Public Law 96-487 "94
Stat. 2533', 94 Stat. 2371, 2541, to the subsurface resources in the
Barrow gas fields and the Walakpa gas discovery site conveyed to the
North Slope Borough and Ukpeagvik Inupiat Corporation pursuant to
section 2 and 3 of this Act, the Secretary of the Interior and Arctic
Slope Regional Corporation are authorized to exchange lands and
interests as set forth in the separate agreement between the Secretary
and Arctic Slope Regional Corporation dated January 24, 1984
(hereinafter "the ASRC Agreement'), on file with the Senate Energy and
Natural Resources Committee and the House Interior and Insular Affairs
Committee. The specific terms, conditions, and covenants of the ASRC
Agreement are hereby incorporated into this Act and ratified, as to the
rights, duties, and obligations of the United States and Arctic Slope
Regional Corporation and as to the rights and interests of the North
Slope Borough, as a matter of Federal law.
(b) Notwithstanding the provisions of paragraph 4 of the ASRC
Agreement, in lieu of the additional 69,120 acres of subsurface estate
to be identified by ASRC pursuant to said paragraph 4, ASRC shall
identify for conveyance or relinquishment to the United States, as
appropriate, the 101,272 acres of subsurface estate beneath the surface
estate of the lands described in subparagraphs 2(a), (b) and (d) of the
August 9, 1983 agreement between Arctic Slope Regional Corporation and
the United States of America.
(c) To the extent that any provision or interpretation of the NSB
Agreement is inconsistent with the provisions of this section or the
ASRC Agreement, the provisions of this section and of the ASRC Agreement
shall prevail.
(d) All of the lands, or interest therein, conveyed to and received
by Arctic Slope Regional Corporation pursuant to this section or the
ASRC Agreement and pursuant to the August 9, 1983 agreement between
Arctic Slope Regional Corporation and the United States of America
shall, in addition to other applicable authority, be deemed conveyed and
received pursuant to exchanges under section 22(f) of the Alaska Native
Claims Settlement Act, as amended (43 U.S.C. 1601, 1621(f)).
Approved July 17, 1984.
LEGISLATIVE HISTORY -- H.R. 5740:
HOUSE REPORT No. 98-843 (Comm. on Interior and Insular Affairs).
CONGRESSIONAL RECORD, Vol. 130 (1984):
June 18, considered and passed House.
June 28, considered and passed Senate.
Public Law 98-365, 98 Stat. 451
Be it enacted by the Senate and House of Representative of the United
States of America in Congress assembled, That this Act may be cited as
the "Land Remote-Sensing Commercialization Act of 1984". "15 USC 4201
note"
SEC. 101. "15 USC 4201" The Congress finds and declares that --
(1) the continuous civilian collection and utilization of land
remote-sensing data from space are of major benefit in managing
the Earth's natural resources and in planning and conducting many
other activities of economic importance;
(2) the Federal Government's experimental Landsat system has
established the United States as the world leader in land
remote-sensing technology;
(3) the national interest of the United States lies in
maintaining international leadership in civil remote sensing and
in broadly promoting the beneficial use of remote-sensing data;
(4) land remote sensing by the Government or private parties of
the United States affects international commitments and policies
and national security concerns of the United States;
(5) the broadest and most beneficial use of land remote-sensing
data will result from maintaining a policy of nondiscriminatory
access to data;
(6) competitive, market-driven private sector involvement in
land remote sensing is in the national interest of the United
States;
(7) use of land remote-sensing data has been inhibited by slow
market development and by the lack of assurance of data
continuity;
(8) the private sector, and in particular the "value-added"
industry, is best suited to develop land remote-sensing data
markets;
(9) there is doubt that the private sector alone can currently
develop a total land remote-sensing system because of the high
risk and large capital expenditure involved;
(10) cooperation between the Federal Government and private
industry can help assure both data continuity and United States
leadership;
(11) the time is now appropriate to initiate such cooperation
with phased transition to a fully commercial system;
(12) such cooperation should be structured to involve the
minimum practicable amount of support and regulation by the
Federal Government and the maximum practicable amount of
competition by the private sector, while assuring continuous
availability to the Federal Government of land remote-sensing
data;
(13) certain Government oversight must be maintained to assure
that private sector activities are in the national interest and
that the international commitments and policies of the United
States are honored; and
(14) there is no compelling reason to commercialize
meteorological satellites at this time.
SEC. 102. The purposes of this Act "15 USC 4202" are to --
(1) guide the Federal Government in achieving proper
involvement of the private sector by providing a framework for
phased commercialization of land remote sensing and by assuring
continuous data availability to the Federal Government;
(2) maintain the United States worldwide leadership in civil
remote sensing, preserve its national security, and fulfill its
international obligations;
(3) minimize the duration and amount of further Federal
investment necessary to assure data continuity while achieving
commercialization of civil land remote sensing;
(4) provide for a comprehensive civilian program of research,
development, and demonstration to enhance both the United States
capabilities for remote sensing from space and the application and
utilization of such capabilities; and
(5) prohibit commercialization of meteorological satellites at
this time.
SEC. 103. "15 USC 4203" (a) It shall be the policy of the United
States to preserve its right to acquire and disseminate unenhanced
remote-sensing data.
(b) It shall be the policy of the United States that civilian
unenhanced remote-sensing data be made available to all potential users
on a nondiscriminatory basis and in a manner consistent with applicable
antitrust laws.
(c) It shall be the policy of the United States both to commercialize
those remote-sensing space systems that properly lend themselves to
private sector operation and to avoid competition by the Government with
such commercial operations, while continuing to preserve our national
security, to honor our international obligations, and to retain in the
Government those remote-sensing functions that are essentially of a
public service nature.
SEC 104. For purposes of this Act: "15 USC 4204"
(1) The term "Landsat system" means Landsats 1, 2, 3, 4, and 5,
and any related ground equipment, systems, and facilities, and any
successor civil land remote-sensing space systems operated by the
United States Government prior to the commencement of the six-year
period described in title III.
(2) The term "Secretary" means the Secretary of Commerce.
(3)(A) The term "nondiscriminatory basis" means without
preference, bias, or any other special arrangement (except on the
basis of national security concerns pursuant to section 607)
regarding delivery, format, financing, or technical considerations
which would favor one buyer or class of buyers over another.
(B) The sale of data is made on a nondiscriminatory basis only
if (i) any offer to sell or deliver data is published in advance
in such manner as will ensure that the offer is equally available
to all prospective buyers; (ii) the system operator has not
established or changed any price, policy, procedure, or other term
or condition in a manner which gives one buyer or class of buyer
de facto favored access to data; (iii) the system operator does
not make unenhanced data available to any purchaser on an
exclusive basis; and (iv) in a case where a system operator
offers volume discounts, such discounts are no greater than the
demonstrable reductions in the cost of volume sales. The sale of
data on a nondiscriminatory basis does not preclude the system
operator from offering discounts other than volume discounts to
the extent that such discounts are consistent with the provisions
of this paragraph.
(C) The sale of data on a nondiscriminatory basis does not
require (i) that a system operator disclose names of buyers or
their purchases; (ii) that a system operator maintain all, or any
particular subset of, data in a working inventory; or (iii) that
a system operator expend equal effort in developing all segments
of a market.
(4) The term "unenhanced data" means unprocessed or minimally
processed signals or film products collected from civil
remote-sensing space systems. Such minimal processing may include
rectification of distortions, registration with respect to
features of the Earth, and calibration of spectral response. Such
minimal processing does not include conclusions, manipulations, or
calculations derived from such signals or film products or
combination of the signals or film products with other data or
information.
(5) The term "system operator" means a contractor under title
II or title III or a license holder under title IV.
SEC. 201. "15 USC 4211" (a) The Secretary shall be responsible for
--
(1) the Landsat system, including the orbit, operation, and
disposition of Landsats 1, 2, 3, 4, and 5; and
(2) provision of data to foreign ground stations under the
terms of agreements between the United States Government and
nations that operate such ground stations which are in force on
the date of commencement of the contract awarded pursuant to this
title.
(b) The provisions of this section shall not affect the Secretary's
authority to contract for the operation of part or all of the Landsat
system, so long as the United States Government retains --
(1) ownership of such system;
(2) ownership of the unenhanced data; and
(3) authority to make decisions concerning operation of the
system.
SEC. 202. (a) In accordance with the requirements of this title, "15
USC 4212" the Secretary, by means of a competitive process and to the
extent provided in advance by appropriation Acts, shall contract with a
United States private sector party (as defined by the Secretary) for the
marketing of unenhanced data collected by the Landsat system. Any such
contract --
(1) shall provide that the contractor set the prices of
unenhanced data;
(2) may provide for financial arrangements between the
Secretary and the contractor including fees for operating the
system, payments by the contractor as an initial fee or as a
percentage of sales receipts, or other such considerations;
(3) shall provide that the contractor will offer to sell and
deliver unenhanced data to all potential buyers on a
nondiscriminatory basis;
(4) shall provide that the contractor pay to the United States
Government the full purchase price of any unenhanced data that the
contractor elects to utilize for purposes other than sale;
(5) shall be entered into by the Secretary only if the
Secretary has determined that such contract is likely to result in
net cost savings for the United States Government; and
(6) may be reawarded competitively after the practical demise
of the space segment of the Landsat system, as determined by the
Secretary.
(b) Any contract authorized by subsection (a) may specify that the
contractor use, and, at his own expense, maintain, repair, or modify,
such elements of the Landsat system as the contractor finds necessary
for commercial operations.
(c) Any decision or proposed decision by the Secretary to enter into
any such contract shall be transmitted to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Science
and Technology of the House of Representatives for their review. No
such decision or proposed decision shall be implemented unless (A) a
period of thirty calendar days has passed after the receipt by each such
committee of such transmittal, or (B) each such committee before the
expiration of such period has agreed to transmit and has transmitted to
the Secretary written notice to the effect that such committee has no
objection to the decision or proposed decision. As part of the
transmittal, the Secretary shall include information on the terms of the
contract described in subsection (a).
(d) In defining "United States private sector party" for purposes of
this Act, the Secretary may take into account the citizenship of key
personnel, location of assets, foreign ownership, control, influence,
and other such factors.
SEC. 203. "15 USC 4213" (a) The Secretary shall, as part of the
advertisement for the competition for the contract authorized by section
202, identify and publish the international obligations, national
security concerns (with appropriate protection of sensitive
information), domestic legal considerations, and any other standards or
conditions which a private contractor shall be required to meet.
(b) In selecting a contractor under this title, the Secretary shall
consider --
(1) ability to market aggressively unenhanced data;
(2) to the best overall financial return to the Government,
including the potential cost savings to the Government that are
likely to result from the contract;
(3) ability to meet the obligations, concerns, considerations,
standards, and conditions identified under subsection (a);
(4) technical competence, including the ability to assure
continuous and timely delivery of data from the Landsat system;
(5) ability to effect a smooth transition with the contractor
selected under title III; and
(6) such other factors as the Secretary deems appropriate and
relevant.
(c) If, as a result of the competitive process required by section
202(a), the Secretary receives no proposal which is acceptable under the
provisions of this title, the Secretary shall so certify and fully
report such finding to the Congress. As soon as practicable but not
later than thirty days after so certifying and reporting, the Secretary
shall reopen the competitive process. The period for the subsequent
competitive process shall not exceed one hundred and twenty days. If,
after such subsequent competitive process, the Secretary receives no
proposal which is acceptable under the provisions of this title, the
Secretary shall so certify and fully report such finding to the
Congress. In the event that no acceptable proposal is received, the
Secretary shall continue to market data from the Landsat system.
(d) A contract awarded under section 202 may, in the discretion of
the Secretary, be combined with the contract required by title III,
pursuant to section 304(b).
SEC. 204. "15 USC 4214" (a) After the date of the commencement of the
contract described in section 202(a), the contractor shall be entitled
to revenues from sales of copies of data from the Landsat system,
subject to the conditions specified in sections 601 and 602.
(b) The contractor may continue to market data previously generated
by the Landsat system after the demise of the space segment of that
system.
SEC. 205. (a) The contract under this title "15 USC 4215" shall
provide that the contractor shall act as the agent of the Secretary by
continuing to supply unenhanced data to foreign ground stations for the
life, and according to the terms, of those agreements between the United
States Government and such foreign ground stations that are in force on
the date of the commencement of the contract.
(b) Upon the expiration of such agreements, or in the case of foreign
ground stations that have no agreement with the United States on the
date of commencement of the contract, the contract shall provide --
(1) that unenhanced data from the Lansat system shall be made
available to foreign ground stations only by the contractor; and
(2) that such data shall be made available on a
nondisciminatory basis.
SEC. 301. (a) It is the purpose of this title -- "15 USC 4221"
(1) to provide, in an orderly manner and with minimal risk, for
a transition from Government operation to private, commercial
operation of civil land remote-sensing systems; and
(2) to provide data continuity for six years after the
practical demise of the space segment of the Landsat system.
(b) For purposes of this title, the term "data continuity" means the
continued availability of unenhanced data --
(1) including data which are from the point of view of a data
user --
(A) functionally equivalent to the multispectral data generated
by the Landsat 1 and 2 satellites; and
(B) compatible with such data and with equipment used to
receive and process such data; and
(2) at an annual volume at least equal to the Federal usage
during fiscal year 1983,
(c) Data continuity may be provided using whatever technologies are
available.
SEC. 302. "15 USC 4222" The Secretary shall solicit proposals from
United States private sector parties (as defined by the Secretary
pursuant to section 202) for a contract for the development and
operation of a remote-sensing space system capable of providing data
continuity for a period of six years and for marketing unenhanced data
in accordance with the provisions of sections 601 and 602. Such
proposals, at a minimum, shall specify --
(1) the quantities and qualities of unenhanced data expected
from the system;
(2) the projected date upon which operations could begin;
(3) the number of satellites to be constructed and their
expected lifetimes;
(4) any need for Federal funding to develop the system;
(5) any percentage of sales receipts or other returns offered
to the Federal Government;
(6) plans for expanding the market for land remote-sensing
data; and
(7) the proposed procedures for meeting the national security
concerns and international obligations of the United States in
accordance with section 607.
SEC. 303. (a)(1) In accordance with the requirements of this title
"15 USC 4223" the Secretary shall evaluate the proposals described in
section 302 and, by means of a competitive process and to the extent
provided in advance by appropriation Acts, shall contract with the
United States private sector party for the capability of providing data
continuity for a period of six years and for marketing unenhanced data.
(2) Before commencing space operations the contractor shall obtain a
license under title IV.
(b) As part of the evaluation described in subsection (a), the
Secretary shall analyze the expected outcome of each proposal in terms
of --
(1) the net cost to the Federal Government of developing the
recommended system;
(2) the technical competence and financial condition of the
contractor;
(3) the availability of such data after the expected
termination of the Landsat system;
(4) the quantities and qualities of data to be generated by the
recommended system;
(5) the contractor's ability to supplement the requirement for
data continuity by adding, at the contractor's expense,
remote-sensing capabilities which maintain United States
leadership in remote sensing;
(6) the potential to expand the market for data;
(7) expected returns to the Federal Government based on any
percentage of data sales or other such financial consideration
offered to the Federal Government in accordance with section 305;
(8) the commercial viability of the proposal;
(9) the proposed procedures for satisfying the national
security concerns and international obligations of the United
States;
(10) the contractor's ability to effect a smooth transition
with any contractor selected under title II; and
(11) such other factors as the Secretary deems appropriate and
relevant.
(c) Any decision or proposed decision by the Secretary to enter into
any such contract shall be transmitted to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Science
and Technology of the House of Representatives for their review. No
such decision or proposed decision shall be implemented unless (1) a
period of thirty calendar days has passed after the receipt by each such
committee of such transmittal, or (2) each such committee before the
expiration of such period has agreed to transmit and has transmitted to
the Secretary written notice to the effect that such committee has no
objection to the decision or proposed decision. As part of the
transmittal, the Secretary shall include the information specified in
subsection (a).
(d) If, as a result of the competitive process required by this
section, the Secretary receives no proposal which is acceptable under
the provisions of this title, the Secretary shall so certify and fully
report such finding to the Congress. As soon as practicable but not
later than thirty days after so certifying and reporting, the Secretary
shall reopen the competitive process. The period for the subsequent
competitive process shall not exceed one hundred and eighty days. If,
after such subsequent competitive process, the Secretary receives no
proposal which is acceptable under the provisions of this title, the
Secretary shall so certify and fully report such finding to the
Congress. Not earlier than ninety days after such certification and
report, the Secretary may assure data continuity by procurement and
operation by the Federal Government of the necessary systems, to the
extent provided in advance by appropriation Acts.
SEC. 304. (a) Any contract entered into pursuant to this title --
"15 USC 4224"
(1) shall be entered into as soon as practicable, allowing for
the competitive procurement process required by this title;
(2) shall, in accordance with criteria determined and published
by the Secretary, reasonably assure data continuity for a period
of six years, beginning as soon as practicable in order to
minimize any interruption of data availability;
(3) shall provide that the contractor will offer to sell and
deliver unenhanced data to all potential buyers on a
nondiscriminatory basis;
(4) shall not provide a guarantee of data purchases from the
contractor by the Federal Government;
(5) may provide that the contractor utilize, on a
space-available basis, a civilian United States Government
satellite or vehicle as a platform for a civil land remote-sensing
space system, if --
(A) the contractor agrees to reimburse the Government
immediately for all related costs incurred with respect to such
utilization, including a reasonable and proportionate share of
fixed, platform, data transmission, and launch costs; and
(B) such utilization would not interfere with or otherwise
compromise intended civilian Government missions, as determined by
the agency responsible for the civilian platform; and
(6) may provide financial support by the United States
Government, for a portion of the capital costs required to provide
data continuity for a period of six years, in the form of loans,
loan guarantees, or payments pursuant to section 305 of the
Federal Property and Administrative Services Act of 1949 (41
U.S.C. 255).
(b)(1) Without regard to whether any contract entered into under this
title is combined with a contract under title II, the Secretary shall
promptly determine whether the contract entered into under this title
reasonably effectuates the purposes and policies of title II. Such
determination shall be submitted to the President and the Congress,
together with a full statement of the basis for such determination.
(2) If the Secretary determines that such contract does not
reasonably effectuate the requirements of title II, the Secretary shall
promptly carry out the provisions of such title to the extent provided
in advance in appropriations Acts.
SEC. 305. "15 USC 4225" (a) In order to promote aggressive marketing
of land remote-sensing data, any contract entered into pursuant to this
title may provide that the percentage of sales paid by the contractor to
the Federal Government shall decrease according to stipulated increases
in sales levels.
(b) After the six-year period described in section 304(a)(2), the
contractor may continue to sell data. If licensed under title IV, the
contractor may continue to operate a civil remote-sensing space system.
SEC. 306. "15 USC 4226" Two years after the date of the commencement
of the six-year period described in section 304(a)(2), the Secretary
shall report to the President and to the Congress on the progress of the
transition to fully private financing, ownership, and operation of
remote-sensing space systems, together with any recommendations for
actions, including actions necessary to ensure United States leadership
in civilian land remote sensing from space.
SEC. 307. The authority granted to the Secretary by this title "15
USC 4227" shall terminate ten years after the date of enactment of this
Act.
SEC. 401. "15 USC 4241" (a)(1) In consultation with other
appropriate Federal agencies, the Secretary is authorized to license
private sector parties to operate private remote-sensing space systems
for such period as the Secretary may specify and in accordance with the
provisions of this title.
(2) In the case of a private space system that is used for remote
sensing and other purposes, the authority of the Secretary under this
title shall be limited only to the remote-sensing operations of such
space system.
(b) No license shall be granted by the Secretary unless the Secretary
determines in writing that the applicant will comply with the
requirements of this Act, any regulations issued pursuant to this Act,
and any applicable international obligations and national security
concerns of the United States.
(c) The Secretary shall review any application and make a
determination thereon within one hundred and twenty days of the receipt
of such application. If final action has not occurred within such time,
the Secretary shall inform the applicant of any pending issues and of
actions required to resolve them.
(d) The Secretary shall not deny such license in order to protect any
existing licensee from competition.
SEC. 402. "15 USC 4242" (a) No person who is subject to the
jurisdiction or control of the United States may, directly or through
any subsidiary or affiliate, operate any private remote-sensing space
system without a license pursuant to section 401.
(b) Any license issued pursuant to this title shall specify, at a
minimum, that the licensee shall comply with all of the requirements of
this Act and shall --
(1) operate the system in such manner as to preserve and
promote the national security of the United States and to observe
and implement the international obligations of the United States
in accordance with section 607;
(2) make unenhanced data available to all potential users on a
nondiscriminatory basis;
(3) upon termination of operations under the license, make
disposition of any satellites in space in a manner satisfactory to
the President;
(4) promptly make available all unenhanced data which the
Secretary may request pursuant to section 602;
(5) furnish the Secretary with complete orbit and data
collection characteristics of the system, obtain advance approval
of any intended deviation from such characteristics, and inform
the Secretary immediately of any unintended deviation;
(6) notify the Secretary of any agreement the licensee intends
to enter with a foreign nation, entity, or consortium involving
foreign nations or entities;
(7) permit the inspection by the Secretary of the licensee's
equipment, facilities, and financial records;
(8) surrender the license and terminate operations upon
notification by the Secretary pursuant to section 403(a)(1); and
(9)(A) notify the Secretary of any "value added" activities (as
defined by the Secretary by regulation) that will be conducted by
the licensee or by a subsidiary or affiliate; and
(B) if such activities are to be conducted, provide the
Secretary with a plan for compliance with the provisions of this
Act concerning nondiscriminatory access.
SEC. 403. "15 USC 4243" (a) In order to carry out the
responsibilities specified in this title, the Secretary may --
(1) grant, terminate, modify, condition, transfer, or suspend
licenses under this title, and upon notification of the licensee
may terminate licensed operations on an immediate basis, if the
Secretary determines that the licensee has substantially failed to
comply with any provision of this Act, with any regulation issued
under this Act, with any terms, conditions, or restrictions of
such license, or with any international obligations or national
security concerns of the United States;
(2) inspect the equipment, facilities, or financial records of
any licensee under this title;
(3) provide penalties for noncompliance with the requirements
of licenses or regulations issued under this title, including
civil penalties not to exceed $10,000 (each day of operation in
violation of such licenses or regulations constituting a separate
violation);
(4) compromise, modify, or remit any such civil penalty;
(5) issue subpenas for any materials, documents, or records, or
for the attendance and testimony of witnesses for the purpose of
conducting a hearing under this section;
(6) seize any object, record, or report where there is probable
cause to believe that such object, record, or report was used, is
being used, or is likely to be used in violation of this Act or
the requirements of a license or regulation issued thereunder;
and
(7) make investigations and inquiries and administer to or take
from any person an oath, affirmation, or affidavit concerning any
matter relating to the enforcement of this Act.
(b) Any applicant or licensee who makes a timely request for review
of an adverse action pursuant to subsection (a)(1), (a)(3), or (a)(6)
shall be entitled to adjudication by the Secretary on the record after
an opportunity for an agency hearing with respect to such adverse
action. Any final action by the Secretary under this subsection shall
be subject to judicial review under chapter 7 of title 5, United States
Code. "5 USC 701 et seq."
SEC. 404. "15 USC 4244" The Secretary may issue regulations to carry
out the provisions of this title. Such regulations shall be promulgated
only after public notice and comment in accordance with the provisions
of section 553 of title 5, United States Code.
SEC. 405. "15 USC 4245" (a) A private sector party may apply for a
license to operate a private remote-sensing space system which utilizes,
on a space-available basis, a civilian United States Government
satellite or vehicle as a platform for such system. The Secretary,
pursuant to the authorities of this title, may license such system if it
meets all conditions of this title and --
(1) the system operator agrees to reimburse the Government
immediately for all related costs incurred with respect to such
utilization, including a reasonable and proportionate share of
fixed, platform, data transmission, and launch costs; and
(2) such utilization would not interfere with or otherwise
compromise intended civilian Government missions, as determined by
the agency responsible for such civilian platform.
(b) The Secretary may offer assistance to private sector parties in
finding appropriate opportunities for such utilization.
(c) To the extent provided in advance by appropriation Acts, any
Federal agency may enter into agreements for such utilization if such
agreements are consistent with such agency's mission and statutory
authority, and if such remote-sensing space system is licensed by the
Secretary before commencing operation.
(d) The provisions of this section do not apply to activities carried
out under title V.
(e) Nothing in this title shall affect the authority of the Federal
Communications Commission pursuant to the Communications Act of 1934, as
amended (47 U.S.C. 151 et seq.). "45 USC 609"
SEC. 406. "15 USC 4246" If, five years after the expiration of the
six-year period described in section 304(a)(2), no private sector party
has been licensed and continued in operation under the provisions of
this title, the authority of this title shall terminate.
SEC. 501. "15 USC 4261" (a)(1) The Administrator of the National
Aeronautics and Space Administration is directed to continue and to
enhance such Administration's programs of remote-sensing research and
development.
(2) The Administrator is authorized and encouraged to --
(A) conduct experimental space remote-sensing programs
(including applications demonstration programs and basic research
at universities);
(B) develop remote-sensing technologies and techniques,
including those needed for monitoring the Earth and its
environment; and
(C) conduct such research and development in cooperation with
other Federal agencies and with public and private research
entities (including private industry, universities, State and
local governments, foreign governments, and international
organizations) and to enter into arrangements (including joint
ventures) which will foster such cooperation.
(b)(1) The Secretary is directed to conduct a continuing program of
--
(A) research in applications of remote-sensing;
(B) monitoring of the Earth and its environment; and
(C) development of technology for such monitoring.
(2) Such program may include support of basic research at
universities and demonstration of applications.
(3) The Secretary is authorized and encouraged to conduct such
research, monitoring, and development in cooperation with other Federal
agencies and with public and private research entities (including
private industry, universities, State and local governments, foreign
governments, and international organizations) and to enter into
arrangements (including joint ventures) which will foster such
cooperation.
(c)(1) In order to enhance the United States ability to manage and
utilize its renewable and nonrenewable resources, the Secretary of
Agriculture and the Secretary of the Interior are authorized and
encouraged to conduct programs of research and development in the
applications of remote sensing using funds appropriated for such
purposes.
(2) Such programs may include basic research at universities,
demonstrations of applications, and cooperative activities involving
other Government agencies, private sector parties, and foreign and
international organizations.
(d) Other Federal agencies are authorized and encouraged to conduct
research and development on the use of remote sensing in fulfillment of
their authorized missions, using funds appropriated for such purposes.
(e) The Secretary and the Administrator of the National Aeronautics
and Space Administration shall, within one year after the date of
enactment of this Act and biennially thereafter, jointly develop and
transmit to the Congress a report which includes (1) a unified national
plan for remote-sensing research and development applied to the Earth
and its atmosphere; (2) a compilation of progress in the relevant
ongoing research and development activities of the Federal agencies;
and (3) an assessment of the state of our knowledge of the Earth and its
atmosphere, the needs for additional research (including research
related to operational Federal remote-sensing space programs), and
opportunities for further progress.
SEC. 502. "15 USC 4262" Data gathered in Federal experimental
remote-sensing space programs may be used in related research and
development programs funded by the Federal Government (including
applications programs) and cooperative research programs, but not for
commercial uses or in competition with private sector activities, except
pursuant to section 503.
SEC. 503. "15 USC 4263" Data gathered in Federal experimental
remote-sensing space programs may be sold en bloc through a competitive
process (consistent with national security interests and international
obligations of the United States and in accordance with section 607) to
any United States entity which will market the data on a
nondiscriminatory basis.
SEC. 601. "15 USC 4271" (a) Any unenhanced data generated by any
system operator under the provisions of this Act shall be made available
to all users on a nondiscriminatory basis in accordance with the
requirements of this Act.
(b) Any system operator shall make publicly available the prices,
policies, procedures, and other terms and conditions (but, in accordance
with section 104(3)(C), not necessarily the names of buyers or their
purchases) upon which the operator will sell such data.
SEC. 602. "15 USC 4272" (a) It is in the public interest for the
United States Government --
(1) to maintain an archive of land remote-sensing data for
historical, scientific, and technical purposes, including
long-term global environmental monitoring;
(2) to control the content and scope of the archive; and
(3) to assure the quality, integrity, and continuity of the
archive.
(b) The Secretary shall provide for long-term storage, maintenance,
and upgrading of a basic, global, land remote-sensing data set
(hereinafter referred to as the "basic data set") and shall follow
reasonable archival practices to assure proper storage and preservation
of the basic data set and timely access for parties requesting data.
The basic data set which the Secretary assembles in the Government
archive shall remain distinct from any inventory of data which a system
operator may maintain for sales and for other purposes.
(c) In determining the initial content of, or in upgrading, the basic
data set, the Secretary shall --
(1) use as a baseline the data archived on the date of
enactment of this Act;
(2) take into account future technical and scientific
developments and needs;
(3) consult with and seek the advice of users and producers of
remote-sensing data and data products;
(4) consider the need for data which may be duplicative in
terms of geographical coverage but which differ in terms of
season, spectral bands, resolution, or other relevant factors;
(5) include, as the Secretary considers appropriate, unenhanced
data generated either by the Landsat system, pursuant to title
III, or by licensees under title IV;
(6) include, as the Secretary considers appropriate, data
collected by foreign ground stations or by foreign remote-sensing
space systems; and
(7) ensure that the content of the archive is developed in
accordance with section 607.
(d) Subject to the availability of appropriations, the Secretary
shall request data needed for the basic data set and pay to the
providing system operator reasonable costs for reproduction and
transmission. A system operator shall promptly make requested data
available in a form suitable for processing for archiving.
(e) Any system operator shall have the exclusive right to sell all
data that the operator provides to the United States remote-sensing data
archive for a period to be determined by the Secretary but not to exceed
ten years from the date the data are sensed. In the case of data
generated from the Landsat system prior to the implementation of the
contract described in section 202(a), any contractor selected pursuant
to section 202 shall have the exclusive right to market such data on
behalf of the United States Government for the duration of such
contract. A system operator may relinquish the exclusive right and
consent to distribution from the archive before the period of exclusive
right has expired by terminating the offer to sell particular data.
(f) After the expiration of such exclusive right to sell, or after
relinquishment of such right, the data provided to the United States
remote-sensing data archive shall be in the public domain and shall be
made available to requesting parties by the Secretary at prices
reflecting reasonable costs of reproduction and transmittal.
(g) In carrying out the functions of this section, the Secretary
shall, to the extent practicable and as provided in advance by
appropriation Acts, use existing Government facilities.
SEC. 603. "15 USC 4273" Unenhanced data distributed by any system
operator under the provisions of this Act may be sold on the condition
that such data will not be reproduced or disseminated by the purchaser.
SEC. 604. "15 USC 4274" The Administrator of the National
Aeronautics and Space Administration, the Secretary of Defense and the
heads of other Federal agencies may provide assistance to system
operators under the provisions of this Act. Substantial assistance
shall be reimbursed by the operator, except as otherwise provided by
law.
SEC. 605. "15 USC 4275" The Secretary may, by means of a competitive
process, allow a licensee under title IV or any other private party to
buy, lease, or otherwise acquire the use of equipment from the Landsat
system, when such equipment is no longer needed for the operation of
such system or for the sale of data from such system. Officials of
other Federal civilian agencies are authorized and encouraged to
cooperate with the Secretary in carrying out the provisions of this
section.
SEC. 606. "15 USC 4276" (a) Within thirty days after the date of
enactment of this Act, the President (or the President's delegee, if
any, with authority over the assignment of frequencies to radio stations
or classes of radio stations operated by the United States) shall make
available for nongovernmental use spectrum presently allocated to
Government use, for use by United States Landsat and commercial
remote-sensing space systems. The spectrum to be so made available
shall conform to any applicable international radio or wire treaty or
convention, or regulations annexed thereto. Within ninety days
thereafter, the Federal Communications Commission shall utilize
appropriate procedures to authorize the use of such spectrum for
nongovernmental use. Nothing in this section shall preclude the ability
of the Commission to allocate additional spectrum to commercial land
remote-sensing space satellite system use.
(b) To the extent required by the Communications Act of 1934, as
amended (47 U.S.C. 151 et seq.), "47 USC 609" an application shall be
filed with the Federal Communications Commission for any radio
facilities involved with the commercial remote-sensing space system.
(c) It is the intent of Congress that the Federal Communications
Commission complete the radio licensing process under the Communications
Act of 1934, as amended (47 U.S.C. 151 et seq.), upon the application of
any private sector party or consortium operator of any commercial land
remote-sensing space system subject to this Act, within one hundred and
twenty days of the receipt of an application for such licensing. If
final action has not occurred within one hundred and twenty days of the
receipt of such an application, the Federal Communications Commission
shall inform the applicant of any pending issues and of actions required
to resolve them.
(d) Authority shall not be required from the Federal Communications
Commission for the development and construction of any United States
land remote-sensing space system (or component thereof), other than
radio transmitting facilities or components, while any licensing
determination is being made.
(e) Frequency allocations made pursuant to this section by the
Federal Communications Commission shall be consistent with international
obligations and with the public interest.
SEC. 607. "15 USC 4277" (a) The Secretary shall consult with the
Secretary of Defense on all matters under this Act affecting national
security. The Secretary of Defense shall be responsible for determining
those conditions, cons stent with this Act, necessary to meet national
security concerns of the United States and for notifying the Secretary
promptly of such conditions.
(b)(1) The Secretary shall consult with the Secretary of State on all
matters under this Act affecting international obligations. The
Secretary of State shall be responsible for determining those
conditions, consistent with this Act, necessary to meet international
obligations and policies of the United States and for notifying the
Secretary promptly of such conditions.
(2) Appropriate Federal agencies are authorized and encouraged to
provide remote-sensing data, technology, and training to developing
nations as a component of programs of international aid.
(3) The Secretary of State shall promptly report to the Secretary any
instances outside the United States of discriminatory distribution of
data.
(c) If, as a result of technical modifications imposed on a system
operator on the basis of national security concerns, the Secretary, in
consultation with the Secretary of Defense or with other Federal
agencies, determines that additional costs will be incurred by the
system operator, or that past development costs (including the cost of
capital) will not be recovered by the system operator, the Secretary may
require the agency or agencies requesting such technical modifications
to reimburse the system operator for such additional or development
costs, but not for anticipated profits. Reimbursements may cover costs
associated with required changes in system performance, but not costs
ordinarily associated with doing business abroad.
SEC. 608. Subsection (a) of section 201 of the National Aeronautics
and Space Administration Authorization Act, 1983 (Public Law 97-324; 96
Stat. 1601) "15 USC 1517 note" is amended to read as follows:
"(a) The Secretary of Commerce is authorized to plan and provide for
the management and operation of civil remote-sensing space systems,
which may include the Landsat 4 and 5 satellites and associated ground
system equipment transferred from the National Aeronautics and Space
Administration; to provide for user fees; and to plan for the transfer
of the operation of civil remote-sensing space systems to the private
sector when in the national interest.".
SEC. 609. "15 USC 4278" (a) There are authorized to be appropriated
to the Secretary $75,000,000 for fiscal year 1985 for the purpose of
carrying out the provisions of this Act. Such sums shall remain
available until expended, but shall not become available until the time
periods specified in sections 202(c) and 303(c) have expired.
(b) The authorization provided for under subsection (a) shall be in
addition to moneys authorized pursuant to title II of the National
Aeronautics and Space Administration Authorization Act, 1983. "15 USC
1517 note"
SEC. 701. "15 USC 4291" Neither the President nor any other official
of the Government shall make any effort to lease, sell, or transfer to
the private sector, commercialize, or in any way dismantle any portion
of the weather satellite systems operated by the Department of Commerce
or any successor agency.
SEC. 702. "15 USC 4292" Regardless of any change in circumstances
subsequent to the enactment of this Act, even if such change makes it
appear to be in the national interest to commercialize weather
satellites, neither the President nor any official shall take any action
prohibited by section 701 unless this title has first been repealed.
Approved July 17, 1984.
LEGISLATIVE HISTORY -- H.R. 5155:
HOUSE REPORT No. 98-647 (Comm. on Science and Technology).
SENATE REPORT No. 98-458 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD, Vol. 130 (1984): Apr. 9, considered and passed
House. June 8, considered and passed Senate, amended. June 28, House
concurred in Senate amendment with an amendment. June 29, Senate
concurred in House amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 20, No. 29 (1984):
July 17, Presidential statement.
PUBLIC LAW 98-364, 98 STAT. 440
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SEC. 101. The last sentence of section 101(a)(2) of the Marine Mammal
Protection Act of 1972 (16 U.S.C. 1371(a)(2)) is amended to read as
follows: "For purposes of applying the preceding sentence, the
Secretary --
"(A) shall insist on reasonable proof from the government of
any nation from which fish or fish products will be exported to
the United States of the effects on ocean mammals of the
commercial fishing technology in use for such fish or fish
products exported from such nation to the United States; and
"(B) in the case of yellowfin tuna harvested with purse seines
in the eastern tropical Pacific Ocean, and products therefrom, to
be exported to the United States, shall require that the
government of the exporting nation provide documentary evidence
that --
"(i) the government of the harvesting nation has adopted a
regulatory program governing the incidental taking of marine
mammals in the course of such harvesting that is comparable to
that of the United States; and
"(ii) the average rate of that incidental taking by the vessels
of the harvesting nation is comparable to the average rate of
incidental taking of marine mammals by United States vessels in
the course of such harvesting.'.
SEC. 102. Section 104(h) of the Marine Mammal Protection Act of 1972
(16 U.S.C. 1374(h)) is amended --
(1) by inserting "(1)' after "(h)'; and
(2) by adding at the end thereof the following paragraphs:
"(2) (A) Subject to subparagraph (B), the general permit issued under
paragraph (1) on December 1, 1980 to the American Tunaboat Association
is extended to authorize and govern the taking of marine mammals
incidental to commercial purse seine fishing for yellowfin tuna during
each year after December 31, 1984.
"(B) The extension granted under subparagraph (A) is subject to the
following conditions:
"(i) The extension shall cease to have force and effect at the
time the general permit is surrendered or terminated.
"(ii) The permittee and certificate holders shall use the best
marine mammal safety techniques and equipment that are
economically and technologically practicable.
"(iii) During the period of the extension, the terms and
conditions of the general permit that are in effect on the date of
the enactment of this paragraph shall apply, except that --
"(I) the Secretary may make such adjustments as may be
appropriate to those terms and conditions that pertain to fishing
gear and fishing practice requirements and to permit
administration;
"(II) any such term and condition may be amended or terminated
if the amendment or termination is based on the best scientific
information available, including that obtained under the
monitoring program required under paragraph (3)(A); and
"(III) during each year of the extension, not to exceed 250
coastal spotted dolphin (Stenella attenuata) and not to exceed
2,750 eastern spinner dolphin (Stenella longirostris) may be
incidentally taken under the general permit, and no accidental
taking of either species is authorized at any time when incidental
taking of that species is permitted.
"(C) The quota on the incidental taking of coastal spotted dolphin
and eastern spinner dolphin under paragraph (2)(B)(iii)(III) shall be
treated --
"(i) as within, and not in addition to, the overall annual
quota under the general permit on the incidental taking of marine
mammals; and
"(ii) for purposes of paragraph (2)(B)(iii)(II), as a term of
the general permit in effect on the date of the enactment of this
paragraph.
"(3) (A) The Secretary shall, commencing on January 1, 1985,
undertake a scientific research program to monitor for at least five
consecutive years, and periodically as necessary thereafter, the indices
of abundance and trends of marine mammal population stocks which are
incidentally taken in the course of commercial purse seine fishing for
yellowfin tuna in the eastern tropical Pacific Ocean.
"(B) If the Secretary determines, on the basis of the best scientific
information available (including that obtained under the monitoring
program), that the incidental taking of marine mammals permitted under
the general permit referred to in paragraph (2) is having a significant
adverse effect on a marine mammal population stock, the Secretary shall
take such action as is necessary, after notice and an opportunity for an
agency hearing on the record, to modify the applicable incidental take
quotas or requirements for gear and fishing practices (or both such
quotas and requirements) for such fishing so as to ensure that the
marine mammal population stock is not significantly adversely affected
by the incidental taking.
"(C) For each year after 1984, the Secretary shall include in his
annual report to the public and the Congress under section 103(f) a
discussion of the proposed activities to be conducted each year as part
of the monitoring program required by subparagraph (A).
"(D) There are authorized to be appropriated to the Department of
Commerce for purposes of carrying out the monitoring program required
under this paragraph not to exceed $4,000,000 for the period beginning
October 1, 1984, and ending September 30, 1988.'.
SEC. 103. (a) Section 201(b)(1) of the Marine Mammal Act of 1972 (16
U.S.C. 1401(b)(1)) is amended by striking the second sentence thereof
and inserting in lieu thereof the following: "The President shall make
his selection from a list of individuals knowledgeable in the fields of
marine ecology and resource management, and who are not in a position to
profit from the taking of marine mammals. Such list shall be submitted
to him by the Chairman of the Council on Environmental Quality and
unanimously agreed to by that Chairman, the Secretary of the Smithsonian
Institution, the Director of the National Science Foundation and the
Chairman of the National Academy of Sciences.'.
(b) The first sentence of section 206 of such Act of 1972 (16 U.S.C.
1406) is amended by adding immediately before the period at the end
thereof the following: "; except that no fewer than 11 employees must
be employed under paragraph (1) at any time'.
SEC. 104. Section 7 of the Act entitled "An Act to improve the
operation of the Marine Mammal Protection Act of 1972, and for other
purposes', approved October 9, 1981 (16 U.S.C. 1384 and 1407) is amended
--
(1) by amending subsection (a) --
(A) by inserting "(other than section 104(h)(3))' immediately
after "title I', and
(B) by striking out "for fiscal year 1984.' and inserting in
lieu thereof "for each of fiscal years 1984, 1985, 1986, 1987, and
1988.';
(2) by striking out "and $2,000,000 for fiscal year 1984.' in
subsection (b) and inserting in lieu thereof "$2,000,000 for
fiscal year 1984, $2,500,000 for fiscal year 1985, and $3,000,000
for each of fiscal years 1986, 1987, and 1988.'; and
(3) by striking out "for fiscal year 1984.' in subsection (c)
and inserting in lieu thereof "for each of fiscal years 1984,
1985, 1986, 1987, and 1988.'.
SEC. 105. Section 2(c) of the Fishery Conservation Zone Transition
Act (16 U.S.C. 1823 note) "97 Stat. 217' is amended --
(1) by striking out "July 1, 1984' in each of paragraphs (1)
and (2) and inserting in lieu thereof "December 31, 1985';
(2) by striking out "May 3, 1983' in paragraph (1) and
inserting in lieu thereof "May 8, 1984';
(3) by striking out "May 3, 1983' in paragraph (2) and
inserting in lieu thereof "May 7, 1984'; and
(4) by amending the last sentence thereof by striking out "Each
such governing international fishery agreement' and inserting in
lieu thereof "The government international fishery agreements
referred to in paragraphs (1) and (2) shall enter into force and
effect with respect to the United States on July 1, 1984; and the
governing international fishery agreement referred to in paragraph
(3)'.
SEC. 106. Notwithstanding any provision of the Magnuson Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.), "16 USC 1823'
and upon certification by the Secretary of State to the President of the
Senate and the Speaker of the House of Representatives that a new
governing international fishery agreement in conformity with such Act
has been negotiated by the United States and the European Economic
Community, the existing governing international fishery agreement
referred to in section 2(a)(7) of the Fishery Conservation Zone
Transition Act (16 U.S.C. 1823, note) may be extended or reinstated, as
the case may be, and may be in force and effect with respect to the
United States, for the period of time ending on the earlier of (1) the
effective date of the new governing international fishery agreement, or
(2) September 30, 1984.
SEC. 201 "16 USC 1463b'. (a) The Secretary of Commerce shall provide
for the establishment of a National Coastal Resources Research and
Development Institute (hereinafter in this title referred to as the
"Institute') to be administered by the Oregon State Marine Science
Center.
(b) The Institute shall conduct research and carry out educational
and demonstration projects designed to promote the efficient and
responsible development of ocean and coastal resources, including arctic
resources. Such projects shall be based on biological, geological,
genetic, economic and other scientific research applicable to the
purposes of this title and shall include studies on the economic
diversification and environmental protection of the Nation's coastal
areas.
(c) (1) The policies of the Institute shall be determined by a Board
of Governors composed of --
(A) two representatives appointed by the Governor of Oregon;
(B) one representative appointed by the Governor of Alaska;
(C) one representative appointed by the Governor of Washington;
(D) one representative appointed by the Governor of California;
and
(E) one representative appointed by the Governor of Hawaii.
(2) Such policies shall include the selection, on a nationally
competitive basis, of the research, projects, and studies to be
supported by the Institute in accordance with the purposes of this
title.
(d) (1) The Board of Governors shall establish an Advisory Council
composed of specialists in ocean and coastal resources from the academic
community.
(2) To the maximum extent practicable, the Advisory Council shall be
composed of such specialists from every coastal region of the Nation.
(3) The Advisory Council shall provide such advice to the Board of
Governors as such Board shall request, including recommendations
regarding the support of research, projects, and studies in accordance
with the purposes of this title.
(e) The Institute shall be administered by a Director who shall be
appointed by the Chancellor of the Oregon Board of Higher Education in
consultation with the Board of Governors.
(f) The Secretary of Commerce shall conduct an ongoing evaluation of
the activities of the Institute to ensure that funds received by the
Institute under this title are used in a manner consistent with the
provisions of this title.
(g) The Institute shall report to the Secretary of Commerce on its
activities within 2 years after the date of enactment of this Act.
(h) The Comptroller General of the United States, and any of his duly
authorized representatives, shall have access, for the purpose of audit
and examination, to any books, documents, papers and records of the
Institute that are pertinent to the funds received under this title.
(i) Employees of the Institute shall not, by reason of such
employment, be considered to be employees of the Federal Government for
any purpose.
(j) For the purposes of this title, there are authorized to be
appropriated in each fiscal year $5,000,000, commencing with fiscal year
1985.
SEC. 202. For purposes of sections 1305(c), 1315, and 1363 of the
National Flood Insurance Act of 1968 (42 U.S.C. 4012(c), 4022, and 4104)
and section 202(a) of the Flood Disaster Protection Act of 1973 (42
U.S.C. 4106(a)), the flood elevation determination made by the Director
of the Federal Emergency Management Agency with respect to Cameron
Parish in the State of Louisiana, and published in the Federal Register
on July 28, 1983, and November 22, 1983, shall not be considered final
before the expiration of the one-year period following the date of
enactment of this Act.
SEC. 301. Section 7(e) of the Fishermen's Protective Act of 1967 (22
U.S.C. 1977(e)) is amended by striking "October 1, 1984' and inserting
in lieu thereof "October 1, 1987'.
SEC. 302. (a) Section 3 of the Fishermen's Protective Act of 1967 (22
U.S.C. 1973) is amended --
(1) by striking "Secretary of the Treasury in the amount
certified to him by the Secretary of State' in the first sentence
of subsection (a) and inserting in lieu thereof "Secretary of
State in the amount determined and certified by him'; and
(2) by amending subsection (b) --
(A) by inserting "determination and' immediately before
"certification' in the first sentence thereof; and
(B) by striking "the Treasury' in the second and third
sentences and inserting in lieu thereof "State'.
(b) Section 5(a)(1)(A) of such Act of 1967 (22 U.S.C. 1975(a)(1)(A))
is amended by striking "the Secretary of the Treasury' and inserting in
lieu thereof "him'.
(c) The first sentence of section 9 of such Act of 1967 (22 U.S.C.
1979) is amended by striking "Secretary of the Treasury' and inserting
in lieu thereof "Secretary of State'; and by striking "certified to him
by the Secretary of State' and inserting in lieu thereof "determined and
certified by him'.
SEC. 303. (a) Section 2 of the Fishermen's Protective Act of 1967 (22
U.S.C. 1972) is amended --
(1) by amending paragraph (1) to read as follows:
"(1) any vessel of the United States is seized by a foreign
country on the basis of claims to jurisdiction that are not
recognized by the United States, or on the basis of claims to
jurisdiction recognized by the United States put exercised in a
manner inconsistent with international law as recognized by the
United States;'; and
(2) by amending the matter appearing between subparagraph (D)
and clause (i) of paragraph (2) to read as follows:
"the Secretary of State, unless there is clear and convincing credible
evidence that the seizure did not meet the requirements under paragraph
(1) or (2), as the case may be, shall immediately take such steps as are
necessary --'.
(b) Section 4 of such Act of 1967 (22 U.S.C. 1974) is amended by
striking "any fishery convention or treaty to which the United States is
a party.' and inserting in lieu thereof "any applicable convention or
treaty, if that treaty or convention was made with advice and consent to
the Senate and was in force and effect for the United States and the
seizing country at the time of the seizure.'.
(c) The amendments made by subsections (a) and (b) "22 USC 1972'
apply with respect to seizures made after April 1, 1983, by foreign
countries of vessels of the United States.
SEC. 401. This title may be cited as the "Commercial Fishing Industry
Vessel Act'. "46 USC 2101'
SEC. 402. Subtitle II of title 46, United States Code "97 Stat.
501', "Shipping', is amended as follows:
(1) Section 2101 is amended by --
(A) amending clause (11) thereof to read as follows:
"(11) "fish' means finfish, mollusks, crustaceans, and all
other forms of marine animal and plant life, except marine mammals
and birds.';
(B) inserting immediately after clause (11) the following:
"(11a) "fishing vessel' means a vessel that commercially
engages in the catching, taking, or harvesting of fish or an
activity that can reasonably be expected to result in the
catching, taking, or harvesting of fish.
"(11b) "fish processing vessel' means a vessel that
commercially prepares fish or fish products other than by gutting,
decapitating, gilling, skinning, shucking, icing, or brine
chilling.
"(11c) "fish tender vessel' means a vessel that commercially
supplies, stores, refrigerates, or transports fish, fish products,
or materials directly related to fishing or the preparation of
fish to or from a fishing, fish processing, or fish tender vessel
or a fish processing facility.'; and
(C) adding the following at the end of clause (21):
"(E) on a fishing, fish processing, or fish tender vessel,
means an individual transported on the vessel except --
"(i) the owner;
"(ii) a representative of the owner;
"(iii) the managing operator;
"(iv) the master;
"(v) a crewmember engaged in the business of the vessel who has
not contributed consideration for transportation on board and who
is paid for services on board;
"(vi) an employee of the owner, or of a subcontractor to the
owner, engaged in the business of the owner;
"(vii) a charterer of the vessel;
"(viii) a person with the same relationship to a charterer as a
person in subclause (ii) or (vi) of this subclause has to an
owner; or
"(ix) a guest who has not contributed consideration for
transportation on board.'.
(2) Section 3301 "97 Stat. 510' is amended by adding at the end
thereof the following:
"(11) fish processing vessels.
"(12) fish tender vessels.'.
(3) Section 3302 (b) and (c) "97 Stat. 510' is amended to
read as follows:
"(b) A fishing vessel, including a vessel chartered part-time as a
fish tender vessel, is exempt from section 3301(1), (7), (11), and (12)
of this title.
"(c) (1) A fish processing vessel of not more than 5,000 gross tons
is exempt from section 3301(1), (6), (7), (11), and (12) of this title.
"(2) A fish tender vessel of not more than 500 gross tons is exempt
from section 3301(1), (6), (7), (11), and (12) of this title.'.
(4) Section 3304 "97 Stat. 513' is amended by adding at the end
thereof the following:
"(d) A fishing, fish processing, or fish tender vessel that
transports not more than 12 individuals employed in the fishing industry
in addition to the crew is not subject to inspection as a passenger or
small passenger vessel.'.
(5) Section 3306 "97 Stat. 513' is amended by adding at the end
thereof the following:
"(g) In prescribing regulations for fish processing or fish tender
vessels, the Secretary shall consult with representatives of the private
sector having experience in the operation of these vessels. The
regulations shall reflect the specialized nature and economics of fish
processing or fish tender vessel operations and the character, design,
and construction of fish processing or fish tender, vessels.'.
(6) Section 3702 "97 Stat. 521' is amended by --
(A) amending subsection (c) to read as follows:
"(c) This chapter does not apply to a fishing or fish tender vessel
of not more than 500 gross tons when engaged only in the fishing
industry.'; and
(B) amending the first sentence in subsection (d) to read as
follows: "This chapter does not apply to a fish processing vessel
of not more than 5,000 gross tons.'.
(7) (A) The analysis of part B is amended by striking -- "41.
Uninspected vessels ..............................4101 "43.
Recreational vessels .............................4301'
and inserting in lieu thereof the following: "41. Uninspected
vessels generally ....................4101 "43. Recreational
vessels ............................. 4301 "45. Fish processing
vessels ..........................4501'.
(B) The title of chapter 41 is amended to read as follows:
(C) Part B is amended by adding the following immediately after
chapter 43:
"Section 4501 "46 USC 4501'. Application
"(a) This chapter applies to an uninspected fish processing vessel
entered into service after December 31, 1987, and having more than 16
individuals on board primarily employed in the preparation of fish or
fish products --
"(1) on the navigable waters of the United States; or
"(2) owned in the United States and operating on the high seas.
"(b) This chapter does not apply to the carriage of liquid bulk
dangerous cargoes regulated under chapter 37 of this title "97 Stat.
520 46 USC 3701'.
"Section 4502 "46 USC 4502'. Regulations
"(a) For each vessel to which this chapter applies, the Secretary
shall prescribe regulations for --
"(1) navigation equipment, including radars, fathometers,
compasses, radar reflectors, lights, sound-producing devices,
nautical charts, and anchors;
"(2) life saving equipment, including life preservers, exposure
suits, lifeboats or life rafts, emergency position indicating
radio beacons, signaling devices, bilge pumps, bilge alarms, life-
and grab-rails, and medicine chests;
"(3) fire protection and firefighting equipment, including fire
alarms, portable and semi-portable fire extinguishing equipment,
and flame arrestors;
"(4) the use and installation of insulation material;
"(5) storage methods for flammable or combustible material;
and
"(6) fuel, ventilation, and electrical systems.
"(b) In prescribing regulations under subsection (a) of this section,
the Secretary shall --
"(1) consider the specialized nature and economics of fish
processing vessel operations and the character, design, and
construction of fish processing vessels;
"(2) consult with representatives of the private sector having
experience in the operation of these vessels to ensure the
practicability of these regulations; and
"(3) not compel alternation of a vessel to which the exemption
applies or item of equipment on that vessel, or of the
construction of a vessel or manufacture of a particular item of
equipment which is begun before the effective date of the
regulation.
"Section 4503 "46 USC 4503'. Equivalency
"A vessel to which this chapter applies shall be deemed to comply
with the requirements of this chapter if it has an unexpired certificate
of inspection issued by a foreign country that is a party to an
International Convention for Safety of Life at Sea "16 UST 185' to which
the United States Government is currently a party and shall not be
required by the Secretary to alter or replace the equipment or
structural requirements required under this chapter.
"Section 4504 "46 USC 4504'. Penalties
"If a vessel to which this chapter applies is operated in violation
of this chapter or a regulation prescribed under this chapter, the
owner, charterer, managing operator, agent, master, and individual in
charge are each liable to the United States Government for a civil
penalty of not more than $1,000. The vessel also is liable in rem for
the penalty.'.
(8) (A) Item 7111 in the analysis of chapter 71 is amended to
read as follows:
"7111. Oral examinations for licenses.'.
(B) Section 7111 "97 Stat. 541' is amended to read as
follows:
"Section 7111 "46 USC 7111'. Oral examinations for licenses
"An individual may take an oral examination for a license to serve on
a fishing, fish processing, or fish tender vessel not required to be
inspected under Part B "97 Stat. 509' of this subtitle.'.
(9) (A) The analysis of chapter 73 is amended by inserting
immediately after item 7311 the following:
"7311a. Able seamen -- fishing industry.'.
(B) Section 7301(a)(1) "97 Stat. 541' is amended by striking
"decked fishing vessels' and inserting in lieu thereof "fishing,
fish processing, fish tender vessels'.
(C) Section 7306(b) "97 Stat. 542' is amended by adding at the
end thereof
"(6) able seaman -- fishing industry.'.
"(6) able seaman -- fishing industry.'.
(D) Chapter 73 is amended by inserting immediately after 7311
the following:
"Section 7311a. "46 USC 7311a' Able seamen -- fishing industry
"For service on a fish processing vessel, an individual may be rated
as able seaman -- fishing industry if the individual has at least 6
months' service on deck on board vessels operating on the oceans or the
navigable waters of the United States (including the Great Lakes).'.
(E) Section 7312 "97 Stat. 543' is amended by adding at the end
thereof the following:
"(f) Individuals qualified as able seamen -- fishing industry under
section 7311a of this title may constitute --
"(1) all of the able seamen required on a fish processing
vessel entered into service before January 1, 1988, and of more
than 1,600 gross tons but not more than 5,000 gross tons; and
"(2) all of the able seamen required on a fish processing
vessel entered into service after December 31, 1987, and having
more than 16 individuals on board primarily employed in the
preparation of fish or fish products but of not more than 5,000
gross tons.'.
(10) Section 8102 "97 Stat. 548' is amended by
(A) inserting "(a)' immediately before the first paragraph;
and
(B) adding at the end thereof the following:
"(b) The owner, charterer, managing operator, agent, master, or
individual in charge of a fish processing vessel of more than 100 gross
tons shall keep a suitable number of watchmen trained in firefighting on
board when hotwork is being done to guard against and give alarm in case
of a fire.'.
(11) Section 8104 "97 Stat. 549' is amended by --
(A) striking "100 gross tons,' in subsection (b) and inserting
in lieu thereof "100 gross tons (except a fishing, fish
processing, or fish tender vessel),';
(B) striking "fishing' in subsection (c) and inserting in lieu
thereof "fishing, fish processing, fish tender,';
(C) striking "a fishing or whaling vessel,' in subsection (d)
and inserting in lieu thereof "a fishing, fish tender, or whaling
vessel, a fish processing vessel of not more than 5,000 gross
tons,'; and
(D) adding at the end thereof the following:
"(k) On a fish processing vessel subject to inspection under part B
"97 Stat. 509' of this subtitle, the licensed individuals and deck crew
may be divided, when at sea, into at least 3 watchers.
"(1) Except as provided in subsection (k) of this section, on a fish
processing vessel, the licensed individuals and deck crew may be
divided, when at sea, into at least 2 watches if the vessel --
"(1) entered into service before January 1, 1988, and is more
than 1,600 gross tons; or
"(2) entered into service after December 31, 1987, and has more
than 16 individuals on board primarily employed in the preparation
of fish or fish products.
"(m) This section does not apply to a fish processing vessel --
"(1) entered into service before January 1, 1988, and not more
than 1,600 gross tons; or
"(2) entered into service after December 31, 1987, and having
not more than 16 individuals on board primarily employed in the
preparation of fish or fish products.'.
(12) (A) Section 8701(a) "97 Stat. 554' is amended by --
(i) striking "fishing or whaling' and inserting in lieu thereof
"fishing, fish tender, or whaling';
(ii) striking "and' after the semicolon at the end of clause
(4);
(iii) striking the period at the end of clause (5) and
inserting in lieu thereof a semicolon; and
(iv) adding at the end thereof the following:
"(6) a fish processing vessel entered into service before January, 1,
1988, and not more than 1,600 gross tons or entered into service after
December 31, 1987, and having not more than 16 individuals on board
primarily employed in the preparation of fish or fish products; and
"(7) a fish processing vessel (except a vessel to which clause (6) of
this subsection applies) with respect to individuals on board primarily
employed in the preparation of fish or fish products or in a support
position not related to navigation.'.
(B) Section 8702(a) "97 Stat. 554' is amended by --
(i) striking "fishing or whaling' and inserting in lieu thereof
"fishing, fish tender, or whaling';
(ii) striking "and' after the semicolon at the end of clause
(4);
(iii) striking the period at the end of clause (5) and
inserting in lieu thereof a semicolon; and
(iv) adding at the end thereof the following:
"(6) a fish processing vessel entered into service before January 1,
1988, and not more than 1,600 gross tons or entered into service after
December 31, 1987, and having not more than 16 individuals on board
primarily employed in the preparation of fish or fish products; and
"(7) a fish processing vessel (except a vessel to which clause (6) of
this subsection applies) with respect to individuals on board primarily
employed in the preparation of fish or fish products or in a support
position not related to navigation.'.
(13) Section 10101(a) "97 Stat. 560' is amended by adding at
the end thereof the following:
"(4) "fishing vessel' includes --
"(A) a fish tender vessel; or
"(B) a fish processing vessel entered into service before
January 1, 1988, and not more than 1,600 gross tons or entered
into service after December 31, 1987, and having not more than 16
individuals on board primarily employed in the preparation of fish
or fish products.'.
(14) Section 11108 "97 Stat. 580' is amended by striking "a
fisherman employed on a fishing vessel' and inserting in lieu
thereof "an individual employed on a fishing vessel or any fish
processing vessel'.
(15) Section 11109(c) "97 Stat. 580' is amended to read as
follows:
"(c) This section applies to an individual employed on a fishing
vessel or any fish processing vessel.'.
(16) Section 12101 "97 Stat. 585' is amended by adding at the
end thereof the following:
"(6) "fisheries' includes planting, cultivating, catching,
taking, or harvesting fish, shellfish, marine animals, pearls,
shells, or marine vegetation in the navigable waters of the United
States or in the fishery conservation zone established by section
101 of the Magnuson Fishery Conservation and Management Act of
1976 (16 U.S.C. 1811).'.
SEC. 403 "46 USC 3302'. (a) Before January 1, 1990, a fishing, fish
processing, or fish tender vessel, that is (1) not more than 500 gross
tons and (2) in operation, or contracted for purchase to be used as a
vessel of this type, before July 1, 1984, may transport cargo to or from
a place in Alaska not receiving weekly transportation service from a
port of the United States by an established water common carrier, except
that the service limitation does not apply to transporting cargo of a
type not accepted by that carrier.
(b) A fish processing vessel entered into service before January 1,
1988, and more than 1,600 gross tons or entered into service after
December 31, 1987, and having more than 16 individuals on board
primarily employed in the preparation of fish or fish products is exempt
from section 8702(b) of title 46, United States Code "97 Stat. 554',
until 18 months after the date of enactment of this Act.
(c) As used in subsections (a) and (b) of this section, the terms
"fishing vessel', "fish processing vessel' and "fish tender vessel'
shall have the meaning given to such terms in section 2101 of title 46,
United States Code.
Approved July 17, 1984.
LEGISLATIVE HISTORY-H.R. 4997:
HOUSE REPORT No. 98-758 (Comm. on Merchant Marine and Fisheries).
CONGRESSIONAL RECORD, Vol. 130 (1984):
June 5, considered and passed House.
June 27, considered and passed Senate, amended; House
concurred in Senate amendment.
Public Law 98-363, 98 Stat. 435
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled. That (a) section 203(
a)(1) of the Surface Transportation Assistance Act of 1982 "96 Stat.
2138" is amended to read as follows:
"Sec. 203. (a)(1) There is hereby authorized to be appropriated for
carrying out section 402 of title 23, United States Code (relating to
highway safety programs), by the National Highway Traffic Safety
Administration, out of the Highway Trust Fund (other than the Mass
Transit Account), $126,500,000 for the fiscal year ending September 30,
1985, and $132,000,000 for the fiscal year ending September 30, 1986.".
(b) Section 203(a) of such Act is amended by adding at the end
thereof the following new paragraph:
"(4)(A) Each State shall expend each fiscal year not less than 8 per
centum of the amount apportioned to it for such fiscal year of the sums
authorized by paragraph (1) of this subsection, for developing and
implementing comprehensive programs approved by the Secretary of
Transportation concerning the use of child restraint systems in motor
vehicles. Upon request of the Governor of any State, the Secretary may
reduce the amount required to be expended by the State for any fiscal
year under the preceding sentence if the State demonstrates to the
satisfaction of the Secretary that the percentage of children under the
age of four traveling in motor vehicles in the State who are properly
restrained by a child restraint system is greater than 75 per centum.
"(B) No project for developing and implementing a comprehensive
program concerning the use of child restraint systems in motor vehicles
may be approved by the Secretary of Transportation in the fiscal years
ending September 30, 1985, and September 38, 1986, unless the State
applying for approval of such project enters into such agreements with
the Secretary as the Secretary may require to ensure that such State
will maintain its aggregate expenditures from all non-Federal sources
for such programs at or above the average level of such expenditures in
its two fiscal years preceding the date of enactment of this paragraph.
"(C) Subparagraphs (A) and (B) of this paragraph shall not apply to
sums authorized to be appropriated for any fiscal year beginning after
September 30, 1987.".
SEC. 2. Section 203(b) of the Surface Transportation Assistance Act
of 1982 "96 Stat. 2138" is amended to read as follows:
"(b) Notwithstanding any other provision of law, the total of all
obligations for highway safety programs carried out by the National
Highway Traffic Safety Administration under section 402 of title 23,
United States Code, shall not exceed $126,500,000 for the fiscal year
ending September 30, 1985, and $132,000,000 for the fiscal year ending
September 30, 1986, and the total of all obligations for highway safety
programs carried out by the Federal Highway Administration under section
402 of title 23, United States Code, shall not exceed $10,000,000 per
fiscal year for each of the fiscal years ending September 30, 1985, and
September 30, 1986.".
SEC. 3. (a) The sixth sentence of section 402(c) of title 23, United
States Code, is amended by striking out the period at the end thereof
and inserting in lieu thereof the following: ", except that the
apportionments to the Virgin Islands, Guam, and American Samoa shall not
be less than one-quarter of 1 per centum of the total apportionment.".
(b) Section 401 of title 23, United States Code, is amended by
striking out ", except that all expenditures for carrying out this
chapter in the Virgin Islands, Guam, and American Samoa shall be paid
out of money in the Treasury not otherwise appropriated." and inserting
in lieu thereof a period.
(c) The amendments made by subsections (a) and (b) "23 USC 401 note"
shall only apply to fiscal years beginning after the date of enactment
of this Act.
SEC. 4. (a) Section 408(a) of title 23, United States Code, is
amended by inserting "or a controlled substance" immediately after
"alcohol".
(b) Section 408(c)(1) of title 23, United States Code, is amended by
inserting "and controlled substance" immediately after "alcohol".
(c) Section 408(f) of title 23, United States Code, is amended --
(1) by striking the period at the end of paragraph (7) and
inserting in lieu thereof "; and"; and
(2) by adding at the end thereof the following:
"(8) for the creation and operation of rehabilitation and
treatment programs for those arrested and convicted of driving
while under the influence of a controlled substance or for the
establishment of research programs to develop effective means of
detecting use of controlled substances by drivers.".
SEC. 5. Section 402 of title 23, United States Code, is amended by
adding at the end thereof the following:
"(k)(1) Subject to the provisions of this subsection, the Secretary
shall make a grant to any State which includes, as part of its highway
safety program under section 402 of this title, "23 USC 402" the use of
a comprehensive computerized safety recordkeeping system designed to
correlate data regarding traffic accidents, drivers, motor vehicles, and
roadways. Any such grant may only be used by such State to establish
and maintain a comprehensive computerized traffic safety recordkeeping
system or to obtain and operate components to support highway safety
priority programs identified by the Secretary under this section.
Notwithstanding any other provision of law, if a report, list, schedule,
or survey is prepared by or for a State or political subdivision thereof
under this subsection, such report, list, schedule, or survey shall not
be admitted as evidence or used in any suit or action for damages
arising out of any matter mentioned in such report, list, schedule, or
survey.
"(2) No State may receive a grant under this subsection in more than
two fiscal years.
"(3) The amount of the grant to any State under this subsection for
the first fiscal year such State is eligible for a grant under this
subsection shall equal 10 per centum of the amount apportioned to such
State for fiscal year 1985 under this section. The amount of a grant to
any State under this subsection for the second fiscal year such State is
eligible for a grant under this subsection shall equal 10 per centum of
the amount apportioned to such State for fiscal year 1986 under this
section.
"(4) A State is eligible for a grant under this subsection if
--
"(A) it certifies to the Secretary that it has in operation a
computerized traffic safety recordkeeping system and identifies
proposed means of upgrading the system acceptable to the
Secretary; or
"(B) it provides to the Secretary a plan acceptable to the
Secretary for establishing and maintaining a computerized traffic
safety recordkeeping system.
"(5) The Secretary, after making the deduction authorized by the
second sentence of subsection (c) of this section for fiscal years 1985
and 1986, shall set aside 10 per centum of the remaining funds
authorized to be appropriated to carry out this section for the purpose
of making grants under this subsection. Funds set aside under this
subsection shall remain available for the fiscal year authorized and for
the succeeding fiscal year and any amounts remaining unexpended at the
end of such period shall be apportioned in accordance with the
provisions of subsection (c) of this section.".
SEC. 6. (a) Chapter 1 of title 23, United States Code, is amended by
adding at the end thereof the following new section:
"(a)(1) The Secretary shall withhold 5 per centum of the amount
required to be apportioned to any State under each of sections 104(b)(
1), 104(b)(2), 104(b)(5), and 104(b)(6) of this title "23 USC 104" on
the first day of the fiscal year succeeding the fiscal year beginning
after September 30, 1985, in which the purchase or public possession in
such State of any alcoholic beverage by a person who is less than
twenty-one years of age is lawful.
"(2) The Secretary shall withhold 10 per centum of the amount
required to be apportioned to any State under each of sections 104(b)(
1), 104(b)(2), 104(b)(5), and 104(b)(6) of this title on the first day
of the fiscal year succeeding the second fiscal year beginning after
September 30, 1985, in which the purchase or public possession in such
State of any alcoholic beverage by a person who is less than twenty-one
years of age is lawful.
"(b) The Secretary shall promptly apportion to a State any funds
which have been withheld from apportionment under subsection (a) of this
section in fiscal year if in any succeeding fiscal year such State makes
unlawful the purchase or public possession of any alcoholic beverage by
a person who is less than twenty-one years of age.
"(c) As used in this section, the term 'alcoholic beverage" means --
"(1) beer as defined in section 5052(a) of the Internal Revenue
Code of 1954, "26 USC 5052"
"(2) wine of not less than one-half of 1 per centum of alcohol
by volume, or
"(3) distilled spirits as defined in section 5002(a)(8) of such
Code.". "26 USC 5002"
(b) The table of sections of chapter 1 of such title is amended by
adding at the end thereof the following new item:
"158. National minimum drinking age.".
SEC. 7. (a) Section 408(a) of title 23, United States Code, is
amended by striking "basic and supplemental".
(b) Section 408(d) of title 23, United States Code, is amended by
adding at the end thereof the following new paragraph:
"(3) Subject to subsection (c), the amount of a special grant made
under this section for any fiscal year to any State which is eligible
for such a grant under subsection (e)(3) shall not exceed 5 per centum
of the amount apportioned to such State for fiscal year 1984 under
sections 402 and 408 of this title. Such grant shall be in addition to
any basic or supplemental grant received by such State.".
(c) Section 408(e) of title 23, United States Code, is amended by
adding at the end thereof the following new paragraph:
"(3) For the purposes of this section, a State is eligible for a
special grant if the State enacts a statute which provides that --
"(A) any person convicted of a first violation of driving under
the influence of alcohol shall receive --
"(i) a mandatory license suspension for a period of not less
than ninety days; and either
"(ii)(I) an assignment of one hundred hours of community
service; or
"(II) a minimum sentence of imprisonment for forty-eight
consecutive hours;
"(B) any person convicted of a second violation of driving
under the influence of alcohol within five years after a
conviction for the same offense, shall receive a mandatory minimum
sentence of imprisonment for ten days and license revocation for
not less than one year;
"(C) any person convicted of a third or subsequent violation of
driving under the influence of alcohol within five years after a
prior conviction for the same offense shall --
"(i) receive a mandatory minimum sentence of imprisonment for
one hundred and twenty days; and
"(ii) have his license revoked for not less than three years;
and
"(D) any person convicted of driving with a suspended or
revoked license or in violation of a restriction due to driving
under the influence of alcohol conviction shall receive a
mandatory sentence of imprisonment for at least thirty days, and
shall upon release from imprisonment, receive an additional period
of license suspension or revocation of not less than the period of
suspension or revocation remaining in effect at the time of
commission of the offense of driving with a suspended or revoked
license.".
Approved July 17, 1984.
LEGISLATIVE HISTORY -- H.R. 4616:
HOUSE REPORT No. 98-641 (Comm. on Public Works and Transportation).
CONGRESSIONAL RECORD, Vol. 130 (1984): Apr. 30, considered and
passed House. June 26, considered and passed Senate, amended. June 27,
House concurred in Senate amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 20, No. 29 (1984):
July 17, Presidential statement.
PUBLIC LAW 98-362, 98 STAT. 431
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 "Small Business Computer
Security and Education Act of 1984'. "15 USC 631'
SEC. 2 "15 USC 633'. (a) The Congress hereby finds that --
(1) there is increased dependency on, and proliferation of,
information technology (including computers, data networks, and
other communication devices) in the small business community;
(2) such technology has permitted an increase in criminal
activity against small business;
(3) small businesses in particular frequently lack the
education and awareness of computer security techniques and
technologies which would enable them to protect their computer
systems from unauthorized access and the manipulation or
destruction of their computer hardware, software, and stored data;
(4) profitmaking organizations have substantial expertise in
computer technology, communications, and management assistance
that is not otherwise available; and
(5) the use of this expertise in the Small Business
Administration's training delivery system would improve
substantially the quantity and quality of the agency's management
assistance programs.
(b) The purposes of this Act are --
(1) to improve the management by small businesses of their
information technology,
(2) to educate and encourage small businesses to protect such
technology from intentional or unintentional manipulation or
destruction; and
(3) to permit cooperation with profitmaking organizations in
providing management assistance to small business.
SEC. 3. Section 4(b) of the Small Business Act (15 U.S.C. 633(b)) is
amended by adding at the end thereof the following:
"(3)(A) The Administrator shall, not later than ninety days after the
effective date of the Small Business Computer Security and Education Act
of 1984, establish an advisory council to be known as the Small Business
Computer Security and Education Advisory Council (hereinafter referred
to as the "advisory council').
"(B) The advisory council shall consist of the following members:
"(i) an official of the Small Business Administration,
appointed by the Administrator;
"(ii) an official of the Institute for Computer Sciences and
Technology of the Department of Commerce, appointed by the
Secretary of Commerce;
"(iii) an official of the Department of Justice, appointed by
the Attorney General, who is knowledgeable about issues of
computer security and its protection;
"(iv) an official of the Department of Defense, appointed by
the Secretary of Defense, who is knowledgeable about issues of
computer security;
"(v) one individual, appointed by the Administrator, who is
representative of the interests of the manufacturers of computer
hardware to small business concerns;
"(vi) one individual, appointed by the Administrator, who is
representative of the interests of the manufacturers of computer
software to small business concerns;
"(vii) one individual, appointed by the Administrator, who is
representative of the interests of the providers of computer
liability insurance to small business concerns;
"(viii) one individual, appointed by the Administrator, who is
representative of the interests of the providers of computer
security equipment and services to small business concerns;
"(ix) one individual, appointed by the Administrator, who is
representative of the interests of associations of small business
concerns, other than small business concerns engaging in any of
the activities described in clauses (v) through (viii); and
"(x) such additional qualified individuals from the private
sector, appointed by the Administrator, as the Administrator
determines to be appropriate.
"(C) It shall be the function of the advisory council to advise the
Administration on --
"(i) the nature and scope of computer crimes committed against
small business concerns;
"(ii) the effectiveness of Federal and State law in deterring
computer-related criminal activity or prosecuting computerrelated
crimes;
"(iii) the effectiveness of computer technology and management
techniques available to small business for increasing their
computer security;
"(iv) the development of information and guidelines to be made
available to the Administrator to assist small business concerns
in evaluating the security of computer systems; and
"(v) such other appropriate functions of the small business
computer security and education program.
"(D) The Administrator shall designate one of the non-Federal members
of the advisory council as its chairperson. The advisory council shall
meet at least annually and at such other times as requested by the
Administrator A majority of the members of the advisory council shall
constitute a quorum. Vacancies on the council shall be filled in the
same manner as the original appointment.
"(E) Each member of the advisory council shall serve without
additional pay, allowances, or benefits by reason of such service. Each
non-Federal member shall be reimbursed for actual expenses, including
travel expenses, as authorized by section 5703 of title 5, United States
Code.
"(F) Upon request of the chairperson of the advisory council, the
Administrator may request directly from any Federal agency information
necessary to enable the advisory council to carry out its functions
under the Small Business Computer Security and Education Act of 1984.
Upon the request of the Administrator, the head of such agency shall
furnish to the Administrator such information, subject to the
requirements of section 552 of title 5, United States Code.'.
SEC. 4. Section 4(b) of the Small Business Act (15 U.S.C. 633(b)) is
further amended by adding at the end thereof the following:
"(4) (A) The Administrator shall establish a small business computer
security and education program to --
"(i) provide small business concerns information regarding --
"(I) utilization and management of computer technology;
"(II) computer crimes committed against small business
concerns; and
"(III) security for computers owned or utilized by small
business concerns;
"(ii) provide for periodic forums for small business concerns
to improve their knowledge of the matters described in clause (i);
and
"(iii) provide training opportunities to educate small business
users on computer security techniques.
"(B) The Administrator, after consultation with the Director of the
Institute of Computer Sciences and Technology within the Department of
Commerce, shall develop information and materials to carry out the
activities described in subparagraph (A) of this paragraph.'.
SEC. 5. (a) Section 8(b)(1)(A) of the Small Business Act "15 USC 637'
is amended --
(1) by inserting "computer security,' after "wage incentives,';
and
(2) by striking at the end thereof "Administration; and' and
by inserting the following: "Administration. Such assistance
also may be provided to small business concerns by the
Administration through cooperation with a profit-making concern
(hereafter in this paragraph referred to as a "cosponsor') to
provide training: Provided, That the Administration shall take
such actions as it deems appropriate to ensure that the
cooperation does not constitute or imply an endorsement by the
Administration of the products or services of the cosponsor, to
avoid unnecessary promotion of the products or services of the
cosponsor, and to minimize utilization of any one cosponsor in a
marketing area. Such actions shall include, but not be limited
to: (i) developing an agreement which specifies the standard
terms and conditions of the cooperation, the use of which shall be
mandatory; (ii) prohibiting any fee or charge from being imposed
upon any small business concern for receiving assistance in excess
of a minimal amount to cover the direct costs of providing such
assistance; (iii) prohibiting the release to the cosponsor of any
of the Administration's lists of names and addresses of small
business concerns; and (iv) requiring that all printed materials
which contain the names of both the Administration and the
cosponsor include a prominent disclaimer that the cooperation does
not constitute or imply an endorsement by the Administration of
the products or services of the cosponsor.'
(b) Not later than December 1, 1987 the Small Business Administration
shall report to the Committees on Small Business of the Senate and the
United States House of Representatives on the impact of the assistance
provided in cooperation with profitmaking concerns pursuant to the
amendment made by section 5(a)(2) of the Small Business Computer
Security and Education Act of 1984 "15 USC 637'. The report shall
include information on benefits provided to small business concerns
assisted by the Administration's cooperation with profitmaking concerns
and any negative impact upon small businesses resulting from such
cooperation with profitmaking concerns.
SEC. 6. Section 3 of the Small Business Act "15 USC 632' is amended
by adding at the end thereof the following --
"(j) For purposes of this Act --
"(1) the term "computer crime' means --
"(A) any crime committed against a small business concern by
means of the use of a computer; and
"(B) any crime involving the illegal use of, or tampering with,
a computer owned or utilized by a small business concern.'.
SEC. 7. (a) This Act "15 USC 633' shall take effect on October 1,
1984.
(b) The amendments made to section 4(b)(3) of the Small Business Act
by section 3 of this Act and the amendments made to section 8(b)(1)(A)
of the Small Business Act "15 USC 633, 637' by section 5(a)(2) of this
Act are repealed on October 1, 1988. Nothing in this section shall
preclude the Administrator from continuing such committee under the
authority of section 8(b)(3) of the Small Business Act and the Federal
Advisory Committee Act.
Approved July 16, 1984.
LEGISLATIVE HISTORY: H.R. 3075:
HOUSE REPORT No. 98-423, Pt. 1 (Comm. on Small Business).
SENATE REPORT No. 98-438 (Comm. on Small Business).
CONGRESSIONAL RECORD:
Vol. 129 (1983): Oct. 24, considered and passed House.
Vol. 129 (1984): May 24 considered and passed Senate, amended.
June 27, House concurred in Senate amendments with amendments;
Senate concurred in House Amendments.
PUBLIC LAW 98-361, 98 STAT. 422
Be it enacted by the Senate and House of Representative of the United
States of America in Congress assembled, That this Act may be cited as
the "National Aeronautics and Space Administration Authorization Act,
1985'.
SEC. 101. There is hereby authorized to be appropriated to the
National Aeronautics and Space Administration to become available
October 1, 1984:
(a) For "Research and development', for the following programs:
(1) Space transportation capability development, $351,400,000;
(2) Space station, $150,000,000
(3) Physics and astronomy, $696,200,000;
(4) Life sciences, $63,300,000;
(5) Planetary exploration, $296,900,000:
(6) Space applications, $390,100,000 of which $45,000,000 is
authorized only for the Advanced Communications Technology
Satellite flight program which is designed to lead to a launch of
such satellite no later than 1989;
(7) Technology utilization, $9,500,000;
(8) Aeronautical research and technology, $352,400,000, of
which $24,000,000 is authorized only for activities which are
designed to lead to a flight test of a single rotation or counter
rotation turboprop concept no later than 1987 (and for supporting
research and technology);
(9) Space research and technology, $150,000,000; and
(10) Tracking and data advanced systems, $15,300,000.
(b) For "Space flight, control and data communications', for the
following programs:
(1) Space shuttle production and operational capability,
$1,470,600,000;
(2) Space transportation operations, $1,319,000,000; and
(3) Space and ground network, communications and data systems,
$795,700,000.
(c) Except as provided in section 102(a), for "Construction of
facilities', including land acquisition, as follows:
(1) Repairs to test stand 500, George C. Marshall Space Flight
Center, $1,600,000;
(2) Space shuttle facilities at various locations as follows:
(A) Modifications of site electrical substation, Lyndon B.
Johnson Space Center $3,200,000;
(B) Modification for single engine testing, National Space
Technology Laboratories, $3,000,000;
(C) Construction of launch complex 39 logistics facility, John
F. Kennedy Space Center, $10,000,000;
(D) Construction of solid rocket booster assembly and
refurbishment facility, John F. Kennedy Space Center, $15,000,000;
(3) Space shuttle payload facilities at various locations as
follows:
(A) Construction of additions to cargo hazardous servicing
facility, John F. Kennedy Space Center, $4,600,000;
(B) Construction of biomedical research facility, Ames Research
Center, $2,100,000;
(4) Construction of addition to network control center, Goddard
Space Flight Center, $2,200,000;
(5) Construction of Earth and space science laboratory, Jet
Propulsion Laboratory, $12,200,000;
(6) Construction of numerical aerodynamic simulation facility,
Ames Research Center, $11,500,000;
(7) Modifications of the 8-foot high temperature tunnel,
Langley Research Center, $13,800,000;
(8) Construction of 34-meter antenna, Madrid, Spain,
$6,000,000;
(9) Modifications of 64-meter antenna, DSS-63, Madrid, Spain,
$7,800,000;
(10) Repair of facilities at various locations, not in excess
of $750,000 per project, $20,000,000;
(11) Rehabilitation and modification of facilities at various
locations, not in excess of $750,000 per project, $25,000,000;
(12) Minor construction of new facilities and additions to
existing facilities at various locations, not in excess of
$500,000 per project, $5,000,000; and
(13) Facility planning and design not otherwise provided for,
$12,000,000.
(d)(1) For "Research and program management', $1,316,000,000, and
such additional or supplemental amounts as may be necessary for
increases in salary, pay, retirement, or other employee benefits
authorized by law.
(2) Of the funds authorized under paragraph (1) $1,000,000 shall be
available for the activities of the National Commission on Space,
established pursuant to title II of this Act.
(e) Notwithstanding the provisions of subsection (h), appropriations
hereby authorized for "Research and development' and "Space flight,
control and data communications' may be used (1) for any items of a
capital nature (other than acquisition of land) which may be required at
locations other than installations of the Administration for the
performance of research and development contracts, and (2) for grants to
nonprofit institutions of higher education, or to nonprofit
organizations whose primary purpose is the conduct of scientific
research, for purchase or construction of additional research
facilities; and title to such facilities shall be vested in the United
States unless the Administrator determines that the national program of
aeronautical and space activities will best be served by vesting title
in any such grantee institution or organization. Each such grant shall
be made under such conditions as the Administrator shall determine to be
required to insure that the United States will receive therefrom benefit
adequate to justify the making of that grant. None of the funds
appropriated for "Research and development' and "Space flight, control
and data communications' pursuant to this Act may be used in accordance
with this subsection for the construction of any major facility, the
estimated cost of which, including collateral equipment, exceeds
$500,000, unless the Administrator or the Administrator's designee has
notified the Speaker of the House of Representatives and the President
of the Senate and the Committee on Science and Technology of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate of the nature, location, and estimated cost
of such facility.
(f) When so specified and to the extent provided in an appropriation
Act, "42 USC 2459a' (1) any amount appropriated for "Research and
development,' for "Space flight, control and data communications' or for
"Construction of facilities' may remain available without fiscal year
limitation, and (2) maintenance and operation of facilities, and support
services contracts may be entered into under the "Research and program
management' appropriation for periods not in excess of twelve months
beginning at any time during the fiscal year.
(g) Appropriations made pursuant to subsection (d) may be used, but
not to exceed $35,000, for scientific consultations or extraordinary
expenses upon the approval or authority of the Administrator and the
Administrator's determination shall be final and conclusive upon the
accounting officers of the Government.
(h) Of the funds appropriated pursuant to subsections (a), (b), and
(d), not in excess of $100,000 for each project, including collateral
equipment, may be used for construction of new facilities and additions
to existing facilities, and for repair, rehabilitation, or modification
of facilities: Provided, That, of the funds appropriated pursuant to
subsection (a) or (b), not in excess of $500,000 for each project,
including collateral equipment, may be used for any of the foregoing for
unforeseen programmatic needs.
SEC. 102. (a) Notwithstanding the provisions of section 101(c) of the
title, the total amount authorized to be appropriated by such section
shall be $5,000,000 less than the sum of the amounts contained in
paragraphs (1) through (13) of such section for individual projects.
(b) After the reduction specified in subsection (a) of this section
is made, authorization is granted whereby any of the amounts prescribed
in paragraphs (1) through (12) inclusive, of section 101(c) --
(1) in the discretion of the Administrator or the
Administrator's designee, may be varied upward 10 per centum, or
(2) following a report by the Administrator or the
Administrator's designee to the Committee on Science and
Technology of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate on the
circumstances of such action, may be varied upward 25 per centum,
to meet unusual cost variations, but the total cost of all work
authorized under such paragraphs shall not exceed the total of the
amounts specified in such paragraphs.
SEC. 103. Not to exceed one-half of 1 per centum of the funds
appropriated pursuant to section 101(a) or 101(b) hereof may be
transferred to and merged with the "Construction of facilities'
appropriation, and, when so transferred, together with $10,000,000 of
funds appropriated pursuant to section 101(c) hereof (other than funds
appropriated pursuant to paragraph (13) of such section) shall be
available for expenditure to construct, expand, and modify laboratories
and other installation at any location (including locations specified in
section 101(c)), if (1) the Administrator determines such action to be
necessary because of changes in the national program of aeronautical and
space activities or new scientific or engineering developments, and (2)
the Administrator determines that deferral of such action until the
enactment of the next authorization Act would be inconsistent with the
interest of the Nation in aeronautical and space activities. The funds
so made available may be expended to acquire, construct, convert,
rehabilitate, or install permanent or temporary public works, including
land acquisition, site preparation, appurtenances, utilities, and
equipment. No portion of such sums may be obligated for expenditure or
expended to construct, expand, or modify laboratories and other
installations unless a period of thirty days has passed after the
Administrator or the Administrator's designee has transmitted to the
Speaker of the House of Representatives and to the President of the
Senate and to the Committee on Science and Technology of the House of
Representatives and to the Committee on Commerce, Science, and
Transportation of the Senate a written report containing a full and
complete statement concerning (A) the nature of such construction,
expansion, or modification, (B) the cost thereof including the cost of
any real estate action pertaining thereto, and (C) the reason why such
construction, expansion, or modification is necessary in the national
interest.
SEC. 104. Notwithstanding any other provision of this Act --
(1) no amount appropriated pursuant to this Act may be used for
any program deleted by the Congress from requests as originally
made to either the House Committee on Science and Technology or
the Senate Committee on Commerce, Science, and Transportation;
(2) no amount appropriated pursuant to this Act may be used for
any program in excess of the amount actually authorized for that
particular program by sections 101(a), 101(b), and 101(d); and
(3) no amount appropriated pursuant to this Act may be used for
any program which has not been presented to either such committee;
unless a period of thirty days has passed after the receipt by the
Speaker of the House of Representatives and the President of the Senate
and each such committee of notice given by the Administrator or the
Administrator's designee containing a full and complete statement of the
action proposed to be taken and the facts and circumstances relied upon
in support of such proposed action.
SEC. 105. It is the sense of the Congress that it is in the national
interest that consideration be given to geographical distribution of
Federal research funds whenever feasible, and that the National
Aeronautics and Space Administration should explore ways and means of
distributing its research and development funds whenever feasible "42
USC 2459'.
SEC. 106. The authorization for shuttle production and operational
capability includes provisions for the production of structural spares
and the critical skills necessary for installation of electrical,
mechanical, and fluid systems thereby maintaining production readiness
for a fifth orbiter vehicle.
SEC. 107. No civil space station authorized under section 101(a)(2)
of this title may be used to carry or place in orbit any nuclear weapon
or any other weapon of mass destruction, to install any such weapon on
any celestial body, or to station any such weapon in space in any other
manner. This civil space station may be used only for peaceful
purposes.
SEC. 108. (a) The Administrator of the National Aeronautics and Space
Administration is directed to continue and to enhance such
Administration's programs of remote-sensing research and development.
"15 USC 4261'
(b) The Administrator is authorized and encouraged to --
(1) conduct experimental space remote-sensing programs
(incuding applications demonstration programs and basic research
at universities);
(2) develop remote-sensing technologies and techniques,
including those needed for monitoring the Earth and its
environment; and
(3) conduct such research and development in cooperation with
other public and private research entities, including private
industry, universities, Federal, State, and local government
agencies, foreign governments, and international organizations,
and to enter into arrangements (including joint ventures) which
will foster such cooperation.
SEC. 109. It is the intent of the Congress that expenditures made
from sums appropriated pursuant to the authorization contained in
subsection (a)(8) of section 101 of this Act for activities in the
advanced turboprop program should be recouped by the National
Aeronautics and Space Administration if and when commercially successful
products are developed by the aircraft industry as a direct result of
such activities. For this purpose the Administrator shall submit to
Congress within sixty days of enactment of this Act a plan for the
payment to the Administrator of royalties by firms in the aircraft
industry with respect to any such products which may be so developed by
them.
SEC. 110. (a) Section 102 of the National Aeronautics and Space Act
of 1958 "42 USC 2451', as amended, is amended --
(1) by striking out "(e) and (f)' in subsection (g) and
inserting in lieu thereof "(e), (f), and (g)';
(2) by redesignating subsections (c) through (g) as subsections
(d) through (h); and
(3) by inserting after subsection (b) the following new
subsection:
"(c) The Congress declares that the general welfare of the United
States requires that the National Aeronautics and Space Administration
(as established by title II of this Act) seek and encourage, to the
maximum extent possible, the fullest commercial use of space'.
(b) Section 102(d)(1) of the National Aeronautics and Space Act of
1958, as amended (and as redesignated by subsection (a) of this
section), is amended by inserting "of the Earth and' after "knowledge'.
SEC. 111. (a) Any Federal personal property may be disposed of in
accordance with subsection (b) if such property --
(1) is scientific research or development equipment and is not
personal property that may be used for general administrative
purposes;
(2) has been loaned by the National Aeronautics and Space
Administration to any academic institution or nonprofit
organization; and
(3) as of March 31, 1984, has been on loan to any such
institution or organization for at least two years.
(b) The Administrator may transfer title to property described in
subsection (a) to an academic institution or nonprofit organization if
the Administrator certifies that --
(1) such property is being used by the institution or
organization holding such property for a purpose consistent with
the use intended when the property was loaned; and
(2) the Administration will no longer need such property.
SEC. 201 "42 USC 2451'. It is the purpose of this title to establish
a Notional Commission on Space that will assist the United States --
(1) to define the long-range needs of the Nation that may be
fulfilled through the peaceful uses of outer space;
(2) to maintain the Nation's preeminence in space science,
technology, and applications;
(3) to promote the peaceful exploration and utilization of the
space environment; and
(4) to articulate goals and develop options for the future
direction of the Nation's civilian space program.
SEC. 202. The Congress finds and declares that --
(1) the National Aeronautics and Space Administration, the lead
civilian space agency, as established in the National Aeronautics
and Space Act of 1958, "42 USC 2451' as amended, has conducted a
space program that has been an unparalleled success, providing
significant economic, social, scientific, and national security
benefits, and helping to maintain international stability and good
will;
(2) the National Aeronautics and Space Act of 1958, as amended
(42 U.S.C. 2451 et seq.), has provided the policy framework for
achieving this success, and continues to be a sound statutory
basis for national efforts in space;
(3) the United States is entering a new era of international
competition and cooperation in space, and therefore the Nation
must strengthen the commitment of its public and private
technical, financial, and institutional resources, so that the
United States will not lose its leadership position during this
decade;
(4) while there continues to be a crucial Government role in
space science, advanced research and development, provision of
public goods and services and coordination of national and
international efforts, advances in applications of space
technology have raised many issues regarding public and private
sector roles and relationships in technology development,
applications, and marketing;
(5) the private sector will continue to evolve as a major
participant in the utilization of the space environment;
(6) the Nation is committed to a permanently manned space
station in low Earth orbit, and future national efforts in space
will benefit from the presence of such a station;
(7) the separation of the civilian and military space programs
is essential to ensure the continued health and vitality of both;
and
(8) the identification of long range goals and policy options
for the United States civilian space program through a high level,
representational public forum will assist the President and
Congress in formulating future policies for the United States
civilian space program.
SEC. 203. (a)(1) The President shall within ninety days of the
enactment of this Act "42 USC 2451' establish a National Commission on
Space (hereinafter in this title referred to as the "Commission'), which
shall be composed of 15 members appointed by the President. The members
appointed under this subsection shall be selected from among individuals
from Federal, State, and local governments, industry, business, labor,
academia, and the general population who, by reason of their background,
education training, or experience, possess expertise in scientific and
technological pursuits, as well as the use and implications of the use
of such pursuits. Of the fifteen members appointed, not more than three
members may be employees of the Federal Government. The President shall
designate one of the members of the Commission appointed under this
subsection to serve as Chairman, and one of the members to serve as Vice
Chairman. The Vice Chairman shall perform the functions of the Chairman
in the Chairman's absence.
(2) Members appointed by the President under paragraph (1) of this
subsection may be paid at a rate not to exceed the daily equivalent of
the annual rate of basic pay in effect under section 5332 of title 5,
United States Code, for grade GS-18 of the General Schedule for each
day, including traveltime, during which such members are engaged in the
actual performance of the duties of the Commission. While away from
their homes or regular places of business, such members may 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 under section 5703 of title 5, United States Code. Individuals
who are not officers or employees of the United States and who are
members of the Commission shall not be considered officers or employees
of the United States by reason of receiving payments under this
paragraph.
(b)(1) The President shall appoint one individual from each of the
following Federal departments and agencies to serve as ex officio,
advisory, non-voting members of the Commission (if such department or
agency does not already have a member appointed to the Commission
pursuant to subsection (a)(1)):
(A) National Aeronautics and Space Administration.
(B) Department of State.
(C) Department of Defense.
(D) Department of Transportation.
(E) Department of Commerce.
(F) Department of Agriculture. 10(G) Department of the
Interior.
(H) National Science Foundation.
(I) Office of Science and Technology Policy.
(2) The President of the Senate shall appoint two advisory members of
the Commission from among the Members of the Senate and the Speaker of
the House of Representatives shall appoint two advisory members of the
Commission from amont the Members of the House of Representatives. Such
members shall not participate, except in an advisory capacity, in the
formulation of the findings and recommendations of the Commission.
(3) Members of the Commission appointed under this subsection shall
not be entitled to receive compensation for service relating to the
performance of the duties of the Commission, but shall be entitled to
reimbursement for travel expenses incurred while in the actual
performance of the duties of the Commission.
(c) The Commission shall appoint and fix the compensation of such
personnel as it deems advisable The Chairman of the Commission shall be
responsible for --
(1) the assignment of duties and responsibilities among such
personnel and their continuing supervision; and
(2) the use and expenditures of funds available to the
Commission.
In carrying out the provisions of this subsection, the Chairman shall
act in accordance with the general policies of the Commission.
(d) To the extent permitted by law, the Commission may secure
directly from any executive department, agency, or independent
instrumentality of the Federal Government any information it deems
necessary to carry out its functions under this Act. Each such
department, agency, and instrumentality shall cooperate with the
Commission and, to the extent permitted by law and upon request of the
Chairman of the Commission, furnish such information to the Commission.
(e) The Commission may hold hearings, receive public comment and
testimony, initiate surveys, and undertake other appropriate activities
to gather the information necessary to carry out its activities under
section 204 of this title.
(f) The Commission shall cease to exist sixty days after it has
submitted the plan required by section 204(c) of this title.
SEC. 204 "42 USC 2451'. (a) The Commission shall study existing and
proposed space activities and formulate an agenda for the United States
civilian space program. The Commission shall identify long range goals,
opportunities, and policy options for United States civilian space
activity for the next twenty years. In carrying out his responsibility,
the Commission shall take into consideration --
(1) the commitment by the Nation to a permanently manned space
station in low Earth orbit;
(2) present and future scientific, economic, social,
environmental, and foreign policy needs of the United States, and
methods by which space science, technology, and applications
initiatives might address those needs;
(3) the adequacy of the Nation's public and private capability
in fulfilling the needs identified in paragraph (2);
(4) how a cooperative interchange between Federal agencies on
research and technology development programs can benefit the
civilian space program;
(5) opportunities for, and constraints on, the use of outer
space toward the achievement of Federal program objectives or
national needs;
(6) current and emerging issues and concerns that may arise
through the utilization of space research, technology development,
and applications;
(7) the Commission shall analyze the findings of the reviews
specified in paragraphs (1) through (6) of this subsection, and
develop options and recommendations for a long range national
civilian space policy plan.
(b) Options and recommendations submitted in accordance with
subsection (a)(7) of this section shall include, to the extent
appropriate, an estimate of costs and time schedules, institutional
requirements, and statutory modifications necessary for implementation
of such options and recommendations.
(c) Within twelve months after the date of the establishment of the
Commission, the Commission shall submit to the President and to the
Committee on Commerce, Science and Transportation of the Senate and the
Committee on Science and Technology of the House of Representatives, a
long range plan for United States civilian space activity incorporating
the results of the studies conducted under this section, together with
recommendations for such legislation as the Commission determines to be
appropriate.
Approved July 16, 1984.
LEGISLATIVE HISTORY -- H.R. 5154:
HOUSE REPORTS: No. 98-629 (Comm. on Science and Technology) and No.
98-873 (Comm. of Conference).
SENATE REPORT No. 98-455 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD, Vol. 130 (1984):
Mar. 28, considered and passed House.
June 21, considered and passed Senate, amended.
June 27, Senate agreed to conference report.
June 28, House agreed to conference report.
Public Law 98-360, 98 Stat. 403
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, 1985, for energy
and water development, and for other purposes, namely:
The following appropriations shall be expended under the direction of
the Secretary of the Army and the supervision of the Chief of Engineers
for authorized civil functions of the Department of the Army pertaining
to rivers and harbors, flood control, beach erosion, and related
purposes.
For expenses necessary for the collection and study of basic
information pertaining to river and harbor, flood control, shore
protection, and related projects, restudy of authorized projects,
miscellaneous investigations, and when authorized by law, surveys and
detailed studies and plans and specifications of projects prior to
construction, $138,000,000, to remain available until expended.
For the prosecution of river and harbor, flood control, shore
protection, and related projects authorized by laws; and detailed
studies, and plans and specifications, of projects (including those for
development with participation or under consideration for participation
by States, local governments, or private groups) authorized or made
eligible for selection by law (but such studies shall not constitute a
commitment of the Government to construction), $864,500,000, to remain
available until expended, of which, for that increment of the project
for beach erosion control, Sandy Hook to Barnegat Inlet, New Jersey,
$1,300,000 shall be made available for the Ocean Township to Sandy Hook
reach with the first Federal construction increment being a berm of
approximately 50 feet at Sea Bright and Monmouth Beach extending to and
including a feeder beach in the vicinity of Long Branch with the
non-Federal share of construction and maintenance of the Ocean Township
to Sandy Hook reach to consist of moneys expended by non-Federal
interests for reconstruction of the seawall at Sea Bright and Monmouth
Beach, New Jersey; and of which $3,000,000 shall be made available for
the construction of the South Williamson, Kentucky, floodwall as
authorized by Public Law 96-367, section 202 (94 Stat. 1339); and of
which $3,000,000 shall be made available for the construction of the
West Turning Basin extension of the Canaveral Harbor, Florida project,
as authorized in the Rivers and Harbors Act of 1962; "76 Stat. 1180"
and in addition, notwithstanding any other provision of law,
$15,000,000, to remain available until expended, for the construction of
the Yatesville Lake construction project; and in addition, $10,000,000,
to remain available until expended, for construction of the Elk Creek
Lake construction project as authorized in the River and Harbor and
Flood Control Act of 1962, Public Law 87-874; "76 Stat. 1180, 1198"
and in addition, $500,000, to remain available until expended, for
construction of Lock and Dam 3, Red River Waterway project, as
authorized by law.
For expenses necessary for emergency flood control, hurricane, and
shore protection activities, as authorized by section 5 of the Flood
Control Act, "23 USC 701n" approved August 18, 1941, as amended,
$25,000,000, to remain available until expended.
For expenses necessary for prosecuting work of flood control, and
rescue work, repair, restoration, or maintenance of flood control
projects threatened or destroyed by flood, as authorized by law (33 U.
S.C. 702a, 702g-l), $321,000,000, to remain available until expended:
Provided, That not less than $250,000 shall be available for bank
stabilization measures as determined by the Chief of Engineers to be
advisable for the control of bank erosion of streams in the Yazoo Basin,
including the foothill area, and where necessary such measures shall
complement similar works planned and constructed by the Soil
Conservation Service and be limited to the areas of responsibility
mutually agreeable to the District Engineer and the State
Conservationist.
For expenses necessary for the preservation, operation, maintenance,
and care of existing river and harbor, flood control, and related works,
including such sums as may be necessary for the maintenance of harbor
channels provided by a State, municipality or other public agency,
outside of harbor lines, and serving essential needs of general commerce
and navigation; administration of laws pertaining to preservation of
navigable waters; surveys and charting of northern and northwestern
lakes and connecting waters; clearing and straightening channels; and
removal of obstructions to navigation, $1,305,000,000, to remain
available until expended, of which $15,000,000, shall be for
construction, operation, and maintenance of outdoor recreation
facilities, to be derived from the special account established by the
Land and Water Conservation Act of 1965, as amended (16 U.S.C. 4601).
"16 USC 4601-4 note"
For expenses necessary for general administration and related
functions in the office of the Chief of Engineers and offices of the
Division Engineers; activities of the Board of Engineers for Rivers and
Harbors and the Coastal Engineering Research Board, $112,000,000, to
remain available until expended.
Appropriations in this title shall be available for expenses of
attendance by military personnel at meetings in the manner authorized by
5 U.S.C. 4110, uniforms, and allowances therefor, as authorized by law
(5 U.S.C. 5901-5902), and for printing, either during a recess or
session of Congress, of survey reports authorized by law, and such
survey reports as may be printed during a recess of Congress shall be
printed, with illustrations, as documents of the next succeeding session
of Congress; not to exceed $2,000 for official reception and
representation expenses; and during the current fiscal year the
revolving fund, Corps of Engineers, shall be available for purchase (not
to exceed 144 for replacement only) and hire of passenger motor
vehicles.
SEC. 101. None of the funds appropriated in this title, except as
specifically contained herein, shall be used to alter, modify,
dismantale, or otherwise change any project which is partially
constructed but not funded for construction in this title.
SEC. 103. The authorization for the Eufaula Lake Project, Oklahoma,
contained in the Rivers and Harbors Act of 1946 "60 Stat. 634" is hereby
amended to authorize and direct the Secretary of the Army, acting
through the Chief of Engineers, to plan, design, and construct bridges
on Piney and Muddy Creeks to replace existing unsafe structures, at an
estimated total Federal cost of $1,700,000 and the State or political
subdivision agrees to operate and maintain said improvements at their
own expense.
SEC. 104. The Secretary of the Army, acting through the Chief of
Engineers, is authorized to review, in cooperation with the State of
Florida, its political subdivision, agencies and instrumentalities
thereof all previous published reports of the Chief of Engineers
pertaining to shoreline erosion on the entire coast of Florida with a
view to determining whether any modifications of the recommendations
contained therein are advisable at this time, with particular reference
to developing a comprehensive body of knowledge, information, and data
on coastal area changes and processes.
SEC. 105. The Secretary of the Army, acting through the Chief of
Engineers, is hereby directed to deepen, at full Federal expense, the
waterway within the marina facility at the Harbor Beach Harbor, Michigan
project authorized by the River and Harbor Act "44 Stat. 1010" of
January 21, 1927, at a cost not to exceed $450,000.
SEC. 106. The Secretary of the Army, acting through the Chief of
Engineers, is hereby directed to construct and maintain, at full Federal
expense, a breakwater access for recreational purposes at the Port
Austin Harbor, Michigan project authorized by the River and Harbor Act
of March 2, 1945, Public Law 14, "59 Stat. 10" Seventy-ninth Congress at
an estimated cost of $500,000.
SEC. 107. Funds appropriated under any provision of law for the
operation of the Summersville Lake, West Virginia Project shall be used
to carry out all authorized project purposes of such project, including
but not limited to whitewater recreation of the Gauley River downstream
of such project.
SEC. 108. The Secretary of the Army, acting through the Chief of
Engineers, is authorized and directed to undertake the necessary
construction measures to increase the level of flood protection
currently afforded by the Mauvaise Terre Levee, at and in the vicinity
of Naples, Illinois, to a one hundred-year recurrence interval flood
event.
SEC. 109. Section 1304 of the Supplemental Appropriations Act, 1984,
Public Law 98-181, "97 Stat. 1293" is amended by adding at the end
thereof the following: "including a determination of the advisability
of the preservation, enhancement, and rehabilitation of Peoria Lake in
the vicinity of Peoria, Illinois, in the interest of recreation, fish
and wildlife resources, environmental quality, and local and regional
development.".
SEC. 110. Flood control measures authorized by section 202 of the
1981 Energy and Water Development Appropriation Act "97 Stat. 253"
involving high levees and floodwalls in urban areas should provide for a
standard project flood level of protection for Barbourville, Kentucky.
SEC. 111. The Secretary of the Army, acting through the Chief of
Engineers, is directed to construct the Lorean and Calloway Branches,
Hurst, Texas, flood control projects under the authority of section 205
of the Flood Control Act of 1948, "62 Stat. 1182" as amended, except
that bridge and utility costs shall be at Federal expense.
SEC. 112. The Secretary of the Army, acting through the Chief of
Engineers, is directed to construct the Miami Harbor, Bay Front Park,
Florida project under the authority of Public Law 98-50 "97 Stat. 247"
except that the sheetpile foundation and utility trench for the Park's
fountain and land fill necessary for Park development shall be at
Federal expense.
SEC. 113. Section 1301 of Public Law 98-181 "97 Stat. 1292" is
amended by striking the amount "$2,000,000" and inserting in lieu
thereof the amount "$3,000,000".
SEC. 114. Within available funds, channel widening and bends easing
shall be accomplished at the Savannah Harbor, Georgia navigation channel
in the vicinity of miles 11.6, 13.5, and 14.5 to allow for the free
movement of vessels.
SEC. 116. Subject to approval by the Committees on Appropriations,
funds herein or hereafter provided may be used (1) to acquire improved
real property or to acquire unimproved real property and construct or
have constructed thereon an appropriate residence for the offical use of
Corps of Engineers Division Commanders in those areas where appropriate
housing cannot otherwise be provided; and (2) to operate and maintain
such property. Provisions of law and regulations applicable to the
acquisition, operation, and maintenance of military housing shall not
apply to housing acquired under this section.
SEC. 117. The Corps of Engineers is authorized and directed to
design and construct repairs to stabilize the existing levee at York,
Pennsylvania, in the vicinity of the city's wastewater treatment plant,
including, but not limited to placing drainage material and gabion
protection along a 600-foot section of unstable levee, at a cost not to
exceed $200,000.
For carrying out the functions of the Bureau of Reclamation as
provided in the Federal reclamation laws (Act of June 17, 1902, 32 Stat.
388, "42 USC 371 note" and Acts amendatory thereof or supplementary
thereto) and other Acts applicable to that Bureau as follows:
For engineering and economic investigations of proposed Federal
reclamation projects and studies of water conservation and development
plans and activities preliminary to the reconstruction, rehabilitation
and betterment, financial adjustment, or extension of exising projects,
to remain available until expended: Provided, That of the total
appropriated, the amount $35,566,000 for program activities which can be
financed by the reclamation fund shall be derived from that fund:
Provided further, That all costs of an advance planning study of a
proposed project shall be considered to be construction costs and to be
reimbursable in accordance with the allocation of construction costs if
the project is authorized for construction: Provided further, That
$100,000 shall be made available to study the feasibility of a
hydroelectric powerplant at the existing Yellowtail Afterbay Dam
(Montana).
For construction and rehabilitation of projects and parts thereof
(including power transmission facilities for Bureau of Reclamation use)
and for other related activities as authorized by law, to remain
available until expended, $740,000,000, of which $4,800,000 shall be
available for the construction of fish passage facilities at Prosser Dam
Passage authorized by the Act of June 21, 1948 (Public Law 80-629, 62
Stat. 382) and Roza Dam Passage authorized by the Act of March 10, 1934
(Public Law 73-121, 48 Stat. 401), of which $163,503,000 shall be
available for transfers to the Upper Colorado River Basin Fund
authorized by section 5 of the Act of April 11, 1956 (43 U.S.C. 620d),
and $142,250,000 shall be available for transfers to the Lower Colorado
River Basin Development Fund authorized by section 403 of the Act of
September 30, 1968 (43 U.S.C. 1543): Provided, That of the total
appropriated, the amount for program activities which can be financed by
the reclamation fund shall be derived from that fund: Provided further,
That transfers to the Upper Colorado River Basin Fund and Lower Colorado
River Basin Development Fund may be increased or decreased by transfers
within the overall appropriation to this hearing: Provided further,
That the final point of discharge for the interceptor drain for the San
Luis Unit shall not be determined until development by the Secretary of
the Interior and the State of California of a plan, which shall conform
with the water quality standards of the State of California as approved
by the Administrator of the Environmental Protection Agency, to minimize
any detrimental effect of the San Luis drainage waters: Provided
further, That no part of the funds herein approved shall be available
for construction or operation of facilities to prevent waters of Lake
Powell from entering any national monument: Provided further, That of
the amount herein appropriated, $1,580,000 shall be available to enable
the Secretary of the Interior to continue work on rehabilitating the
Velarde Community Ditch Project, New Mexico, in accordance with the
Federal Reclamation Laws "32 Stat. 388" "43 USC 371 note" (Act of June
17, 1902, 32 Stat. 788, and Acts amendatory thereof or supplementary
thereto) for the purposes of diverting and conveying water to irrigated
project lands. The principal features of the project shall consist of
improvements such as the installation of more permanent diversion dams
and headgates, wasteways, arroyo siphons, and concrete lining of ditches
in order to improve irrigation efficiency, conserve water, and reduce
operation and maintenance costs. The cost of the rehabilitation will be
nonreimbursable and constructed features will be turned over to the
appropriate entity for operation and maintenance: Provided further,
That the design, construction and operation of the Garrison Diversion
Unit are to be accomplished so as to meet the United States obligations
under the Boundary Waters Treaty of 1909 "36 Stat. 2448" and that no
appropriation, fund, or authority under this heading shall be used for
construction of features of the Garrison Diversion Unit in North Dakota
affecting waters flowing into Canada: Provided further, That of the
amount herein appropriated not to exceed $20,000 shall be available to
continue a rehabilitation and betterment program with the Twin Falls
Canal Company, Twin Falls County, Idaho, to rehabilitate facilities
under the Act of October 7, 1919 (63 Stat. 724), as amended, to be
repaid in full by the lands served and under conditions satisfactory to
the Secretary of the Interior.
For operation and maintenance of reclamation projects or parts
thereof and other facilities, as authorized by law; and for a soil and
moisture conservation program on lands under the jurisdiction of the
Bureau of Reclamation, pursuant to law, to remain available until
expended, $149,689,000: Provided, That of the total appropriated, the
amount for program activities which can be financed by the reclamation
fund shall be derived from that fund: Provided further, That of the
total appropriated, such amounts as may be required for the Boulder
Canyon Project shall be derived from the Colorado River Dam Fund and
such amounts as may be required for replacement, which would require
readvances to the Colorado River Dam Fund under section 5 of the Boulder
Canyon Project Adjustment Act of July 19, 1940 (43 U.S.C. 618d), are to
be considered as though readvanced under said section: Provided
further, That funds advanced by water users for operation and
maintenance of reclamation projects or parts thereof shall be deposited
to the credit of this appropriation and may be expended for the same
objects and in the same manner as sums appropriated herein may be
expended, and such advances shall remain available until expended:
Provided further, That nonreimbursable funds will be available from
revenues for performing examination of existing structures on
participating projects of the Colorado River Storage Project.
For loans to irrigation districts and other public agencies for
construction of distribution systems on authorized Federal reclamation
projects, and for loans and grants to non-Federal agencies for
construction of projects, as authorized by the Acts of July 4, 1955, as
amended (43 U.S.C. 421a-421d), and August 6, 1956, as amended (43 U.S.
C. 422a-422k), including expenses necessary for carrying out the
program, $67,537,000, to be derived from the reclamation fund and to
remain available until expended: Provided, That during fiscal year 1985
and within the resources and authority available, gross obligations for
the principal amount of direct loans shall not exceed $68,500,000:
Provided further, That any contract under the Act of July 4, 1955 (69
Stat. 244), "43 USC 421a" as amended, not yet executed by the Secretary,
which calls for the making of loans beyond the fiscal year in which the
contract is entered into shall be made only on the same conditions as
those prescribed in section 12 of the Act of August 4, 1939 (53 Stat.
1187, 1197). "43 USC 388"
For necessary expenses of general administration and related
functions in the offices of the Commissioner of the Bureau of
Reclamation and in the regional offices of the Bureau of Reclamation,
$58,917,000, of which $11,900,000, shall remain available until
expended, the total amount to be derived from the reclamation fund and
to be nonreimbursable pursuant to the Act of April 19, 1945 (43 U.S.C.
377): Provided, That no part of any other appropriation in this Act
shall be available for activities or functions budgeted for the current
fiscal year as general administrative expenses.
For an additional amount for the "Emergency fund", as authorized by
the Act of June 26, 1948 (43 U.S.C. 502), as amended, to remain
available until expended for the purposes specified in said Act,
$1,000,000, to be derived from the reclamation fund.
Sums herein referred to as being derived from the reclamation fund,
the Colorado River Dam fund, or the Colorado River development fund, are
appropriated from the special funds in the Treasury created by the Act
of June 17, 1902 (43 U.S.C. 391), and the Act of December 21, 1928 (43
U.S.C. 617a), and the Act of July 19, 1940 (43 U.S.C. 618a),
respectively. Such sums shall be transferred, upon request of the
Secretary, to be merged with and expended under the heads herein
specified; and the unexpended balances of sums transferred for
expenditure under the head "General Administrative Expenses" shall
revert and be credited to the special fund from which derived.
Appropriations for the Bureau of Reclamation shall be available for
purchase of not to exceed 16 passenger motor vehicles of which 13 shall
be for replacement only; purchase of one additional aircraft; payment
of claims for damages to or loss of property, personal injury, or death
arising out of activities of the Bureau of Reclamation; payment, except
as otherwise provided for, of compensation and expenses of persons on
the rolls of the Bureau of Reclamation appointed as authorized by law to
represent the United States in the negotiations and administration of
interstate compacts without reimbursement or return under the
reclamation laws; for service as authorized by section 3109 of title 5,
United States Code, in total not to exceed $500,000; rewards for
information or evidence concerning violations of law involving property
under the jurisdiction of the Bureau of Reclamation; performance of the
functions specified under the head "Operation and Maintenance
Administration", Bureau of Reclamation, in the Interior Department
Appropriations Act, 1945; "58 Stat. 487" preparation and dissemination
of useful information including recordings, photographs, and
photographic prints; and studies of recreational uses of reservoir
areas, and investigation and recovery of archeological and
paleontological remains in such areas in the same manner as provided for
in the Acts of August 21, 1935 (16 U.S.C. 461-467) and June 27, 1960
(16 U.S.C. 469): Provided, That no part of any appropriation made
herein shall be available pursuant to the Act of April 19, 1945 (43
U.S.C. 377), for expenses other than those incurred on behalf of
specific reclamation projects except "General Administrative Expenses"
and amounts provided for plan formulation and advance planning
investigations, and general engineering and research under the head
"General Investigations".
Sums appropriated herein which are expended in the performance of
reimbursable functions of the Bureau of Reclamation shall be returnable
to the extent and in the manner provided by law.
No part of any appropriation for the Bureau of Reclamation, contained
in this Act or in any prior Act, which represents amounts earned under
the terms of a contract but remaining unpaid, shall be obligated for any
other purpose, regardless of when such amounts are to be paid:
Provided, That the incurring of any obligation prohibited by this
paragraph shall be deemed a violation of section 3679 of the Revised
Statutes, as amended (31 U.S.C. 1341). "43 USC 377a"
No funds appropriated to the Bureau of Reclamation for operation and
maintenance, except those derived from advances by water users, shall be
used for the particular benefits of lands (a) within the boundaries of
an irrigation district, (b) of any member of a water users'
organization, or (c) of any individual when such district, organization,
or individual is in arrears for more than twelve months in the payment
of charges due under a contract entered into with the United States
pursuant to laws administered by the Bureau of Reclamation.
SEC. 201. Appropriations 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 damages 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. 202. The Secretary may authorize the expenditure or transfer
(within each bureau or office) 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.
SEC. 203. Appropriations 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): "31 USC 1535, 1536" Provided,
That reimbursements for costs of supplies, materials, equipment, and for
services rendered may be credited to the appropriation current at the
time such reimbursements are received.
SEC. 204. Appropriations in this title shall be available for hire,
maintenance, and operation of aircraft; hire of passenger motor
vehicles; purchases of reprints; payment for telephone services 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. 205. The cost of foundation treatment, drainage, and
instrumentation work planned or under way at Twin Buttes Dam, Texas,
shall be nonreimbursable under Federal reclamation laws.
SEC. 206. The cost of foundation treatment, drainage, and
instrumentation work planned or underway at Foss Dam, Oklahoma, shall be
nonreimbursable and nonreturnable under the Federal reclamation law.
SEC. 207. (a) It is the sense of Congress that --
(1) the Garrison Diversion Unit was authorized by Congress and
reflects the entitlement of the State of North Dakota to a
federally funded water development program as compensation for
North Dakota's contributions to the Pick-Sloan Missouri Basin
program;
(2) there is a need to put to beneficial use water from the
Missouri River within the State of North Dakota;
(3) there are municipal and industrial water resource problems
in North Dakota that are presently unmet;
(4) there are irrigation and agricultural water needs in areas
which cannot be met by the Garrison Diversion Unit as presently
authorized;
(5) the Garrison Diversion Unit, as presently authorized,
raises significant issues of economic, environmental, and
international concern;
(6) the water needs of the State of North Dakota should be
resolved by contemporary water development alternatives; and
(7) a Secretarial commission should be established to examine
the water needs of North Dakota and propose development
alternatives which will lead to the early resolution of the
problems identified.
(b) No funds appropriated under this title for the Garrison Diversion
Unit, Pick-Sloan Missouri Basin program, shall be expended or committed
for expenditure on construction contracts prior to December 31, 1984.
Notwithstanding the preceding sentence, funds appropriated may be
expended or committed for expenditure for the work associated with the
commission established by this section. Funds may be expended or
committed for expenditure after such date for construction of the
Garrison Diversion Unit --
(1) in accordance with the recommendations of the Secretarial
commission established under subsection (c); or
(2) if the commission fails to make such recommendations, as
presently authorized.
(c)(1) The Secretary of the Interior shall, within thirty days after
the date of enactment of this section, appoint a commission, composed of
12 individuals, to review the contemporary water development needs of
the Sate of North Dakota and propose modifications to the Garrison
Diversion Unit consistent with the existing authorization. The
Secretary shall designate one member who shall serve as chairman of the
commission who shall set the dates of hearings, meetings, and other
official commission functions in carrying out the purposes of this
section. The commission, in developing its recommendations, shall hold
no fewer than three public hearings, at least two of which shall be in
the State of North Dakota. Any recommendations of the commission shall
be agreed to by at least 8 members. The commission shall cease to exist
on December 31, 1984.
(2) The commission is directed to examine, review, evaluate, and make
recommendations with regard to the contemporary water development needs
of the State of North Dakota, taking into consideration --
(A) the costs and benefits incurred and opportunities foregone
by the State of North Dakota between 1944 and 1984 as a result of
the establishment and implementation of the Pick-Sloan Missouri
Basin program;
(B) the need and potential for North Dakota to put to
beneficial use within the State water from the Missouri River;
(C) the need for construction of additional facilities to put
to beneficial use water from the Missouri River;
(D) the municipal and industrial water needs and development
potential within the State of North Dakota, including such matters
as --
(i) qualify of water supply,
(ii) the ability of existing systems to meet present and future
demand,
(iii) related groundwater problems,
(iv) water treatment,
(v) water delivery by pipeline, and
(vi) instream flow needs;
(E) the possible use of groundwater recharge for municipal and
industrial uses, as well as irrigation;
(F) the current North Dakota water plan, including proposed
projects, to determine if elements of the plan (such as the
southwest pipeline project) should be recommended for Federal
funding;
(G) whether or not the Garrison Diversion Unit can be
redesigned and reformulated;
(H) the institutional and tax equity issues in the State of
North Dakota as they relate to the authorized project and
alternative water development proposals;
(I) the fiscal and economic impacts of the Garrison Diversion
Unit, as compared with alternative proposals for irrigation and
municipal and industrial water supply;
(J) the environmental impacts of the water development
alternatives mentioned in this section, compared with those of the
Garrison Diversion Unit, including impacts on wildlife refuges,
wetlands, wildlife habitat, waterfowl, and other environmental
impacts as well as make recommendations to reduce and minimize
those impacts; and
(K) the international impacts of the water development
alternatives described in this section compared with those of the
Garrison Diversion Unit and make recommendations to reduce and
minimize those impacts.
All recommendations of the commission shall retain the originally
authorized discount rate.
(3) The commission shall submit to the Secretary of the Interior, the
chairmen of the Senate Committees on Energy and Natural Resources and
Appropriations, and the House Committees on Interior and Insular Affairs
and Appropriations, no later than December 31, 1984, a report which
contains the conclusions and recommendations of the commission with
regard to the items described in paragraph (2).
(d) The Secretary of the Interior is authorized and directed to
implement the recommendations of the commission report consistent with
existing authority.
(e) Nothing in this section shall affect any litigation initiated
prior to June 1, 1984.
For expenses of the Department of Energy activities including the
purchase, construction and acquisition of plant and capital equipment
and other expenses incidental thereto necessary for energy supply,
research and development activities and other activities in carrying out
the purposes of the Department of Energy Organization Act "42 USC 7101
note" (Public Law 95-91), including the acquisition or condemnation of
any real property or any facility or for plant or facility acquisition,
construction, or expansion; purchase of passenger motor vehicles (not
to exceed 19 for replacement only), $2,018,165,000, to remain available
until expended; of which $60,000,000 shall be derived by transfer from
Uranium Supply and Enrichment Activities provided in fiscal year 1984,
and of which $7,000,000 shall be available to establish a supercomputer
center and computational institute as described in the report
accompanying this Act; and acquisition of one aircraft for replacement
only at no cost by transfer from the National Science Foundation.
For expenses of the Department of Energy in connection with operating
expenses; the purchase, construction, and acquisition of plant and
capital equipment and other expenses incidental thereto necessary for
uranium supply and enrichment activities in carrying out the purposes of
the Department of Energy Organization Act (Public Law 95-91), including
the acquisition or condemnation of any real property or any facility or
for plant or facility acquisition, construction, or expansion; purchase
of passenger motor vehicles (not to exceed 171 of which 154 are for
replacement only); $1,650,300,000, to remain available until expended:
Provided, That revenues received by the Department for the enrichment of
uranium and estimated to total $1,650,300,000 in fiscal year 1985, shall
be retained and used for the specific purpose of offsetting costs
incurred by the Department in providing uranium enrichment service
activities as authorized by section 201 of Public Law 95-238, "42 USC
5821" notwithstanding the provisions of section 3617 of the Revised
Statutes (31 U.S.C. 484): "31 USC 3302" Provided further, That the sum
herein appropriated shall be reduced as uranium enrichment revenues are
received during fiscal year 1985 so as to result in a final fiscal year
1985 appropriation estimated at not more than $0.
For expenses of the Department of Energy, activities including the
purchase, construction and acquisition of plant and capital equipment
and other expenses incidental thereto necessary for general science and
research activities in carrying out the purposes of the Department of
Energy Organization Act "42 USC 7101 note" (Public Law 95-91), including
the acquisition or condemnation of any real property or facility or for
plant or facility acquisition, construction, or expansion; purchase of
passenger motor vehicles (not to exceed 4 for replacement only);
$726,905,000, to remain available until expended.
For nuclear waste disposal activities to carry out the purposes of
Public Law 97-425, "42 USC 10101 note" including the acquisition of real
property or facility construction or expansion, $327,669,000, to remain
available until expended, to be derived from the Nuclear Waste Fund. To
the extent that balances in the fund are not sufficient to cover amounts
available for obligation in this account, the Secretary shall exercise
his authority pursuant to section 302(e)(5) "42 USC 10222" to issue
obligations to the Secretary of the Treasury.
For expenses of the Department of Energy activities including the
purchase, construction and acquisition of plant and capital equipment
and other expenses incidental thereto necessary for atomic energy
defense activities in carrying out the purposes of the Department of
Energy Organization Act (Public Law 95-91), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion; purchase of passenger
motor vehicles (not to exceed 354 of which 339 are for replacement only)
including 35 police-type vehicles; and purchase of one aircraft,
$7,333,701,000, to remain available until expended.
For salaries and expenses of the Department of Energy necessary for
Departmental Administration and other activities in carrying out the
purposes of the Department of Energy Organization Act (Public Law
95-91), including the hire of passenger motor vehicles and official
reception and representation expenses (not to exceed $35,000);
$356,034,000, all of which is available for fiscal year 1985 and shall
remain available until expended, plus such additional amounts as
necessary to cover increases in the estimated amount of cost of work for
others notwithstanding the provisions of the Anti-Deficiency Act (31
U.S.C. 1511 et seq.): Provided, That such increases in cost of work are
offset by revenue increases of the same or greater amount, to remain
available until expended: Provided further, That moneys received by the
Department for miscellaneous revenues estimated to total $219,459,000 in
fiscal year 1985 may be retained and used for operating expenses within
this account, and may remain available until expended, as authorized by
section 201 of Public Law 95-238, notwithstanding the provisions of
section 3302 "42 USC 5821" of title 31, United States Code: Provided
further, That the sum herein appropriated shall be reduced by the amount
of miscellaneous revenues received during fiscal year 1985 so as to
result in a final fiscal year 1985 appropriation estimated at not more
than $136,575,000.
For engineering and economic investigations to promote the
development and utilization of the water, power, and related resources
of Alaska, and for necessary expenses of operation and maintenance of
projects in Alaska and of marketing electric power and energy,
$3,233,000, to remain available until expended.
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, "16 USC 838 note" are
provided for Three Mile Dam Fish Passage Facilities, Sunnyside Dam
Passage, Wapato Diversion Dam Passage, Toppenish Creek/Status Unit
Diversion, Prosser Dam Passage, and Roza Dam Passage. These
expenditures and the transfer of funds to the Bureau of Reclamation for
the purpose of constructing fish passage facilities are approved.
Expenditures are also approved for: (1) Lake Pend Oreille Kokanee
Hatchery, (2) the Umatilla Hatchery, and (3) official receiption and
representation expenses in am amount not to exceed $2,500.
During fiscal year 1985, and within the resources and authority
available, gross obligations for the principal amount of direct loans
shall not exceed $40,000,000.
For necessary expenses of operation and maintenance of power
transmission facilities and of marketing electric power and energy
pursuant to the provisions of section 5 of the Flood Control Act of 1944
(16 U.S.C. 825s), as applied to the southeastern power area,
$35,744,000, to remain available until expended.
For necessary expenses of operation and maintenance of power
transmission facilities and of marketing electric power and energy, and
for construction and acquisition of transmission lines, substations and
appurtenant facilities, and for administrative expenses connected
therewith, in carrying out the provisions of section 5 of the Flood
Control Act of 1944 (16 U.S.C. 825s), as applied to the southwestern
power area, $31,208,000, to remain available until expended.
For carrying out the functions authorized by title III, section 302(
a)(1)(E) of the Act of August 4, 1977 "42 USC 7152" (Public Law 95-91),
and other related activities including conservation and renewable
resources programs as authorized, including official reception and
representation expenses in an amount not to exceed $1,500, the purchase
of passenger motor vehicles (not to exceed nine for replacement only),
purchase, maintenance, and operation of one helicopter, $218,230,000, to
remain available until expended, of which $217,380,000 shall be derived
from the Department of the Interior Reclamation fund and $850,000 shall
be derived from the Colorado River Dam fund for power marketing and
transmission expenses of the Boulder Canyon Project: Provided, That
notwithstanding the provisions of section 8 of Public Law 88-552, "16
USC 837g-l" "16 USC 837g" the Secretary of Energy is authorized to
construct or participate in the construction of such additional
facilities as he deems necessary to allow mutually beneficial power
sales between the Pacific Northwest and California and to accept funds
contributed by non-Federal entities for that purpose: Provided further,
That all revenues collected in connection with the operation of Navy
Geothermal projects at Fallon, Nevada, may be credited to a separate
fund, to be established in the treasury of the United States, and shall
be available to the Secretary of Energy, without further appropriation,
for payment of energy costs, contract administration costs, and the
design, construction, operation, maintenance and replacement and
administrative costs of all required transmission facilities and power
marketing activities directly associated with the Fallon, Nevada Navy
Geothermal projects.
For the "Emergency Fund", as authorized by the Act of June 16, 1948
(43 U.S.C. 502), to remain available until expended for the purposes
specified in that Act, $500,000, on a continuing basis to be recovered
from the Reclamation Fund against receipts for the transmission and sale
of electric power and energy which are deposited into the Treasury
through Western Area Power Administration which shall be available for
transfer to the Western Emergency Fund: Provided, That expenditures
from the Western Emergency Fund shall be replenished from project power
revenues for which funds were expended on an emergency basis.
For necessary expenses of the Federal Energy Regulatory Commission to
carry out the provisions of the Department of Energy Organization Act
"42 USC 7101 note" (Public Law 95-91), including services as authorized
by 5 U.S.C. 3109, including the hire of passenger motor vehicles;
official reception and representation expenses (not to exceed $1,500);
$95,677,000, of which $4,000,000 shall remain available until expended
and be available only for contractual activities: Provided, That
notwithstanding the provisions of section 3617 of the Revised Statutes
"31 USC 3302" (31 U.S.C. 484), revenues from licensing fees, inspection
services, and other services and collections estaimated at $60,000,000
in fiscal year 1985 may be retained and used for necessary expenses in
this account, and may remain available until expended: Provided
further, That the sum herein appropriated, shall be reduced as revenues
are received during fiscal year 1985, so as to result in a final fiscal
year 1985 appropriation estimated at not more than $35,677,000.
For carrying out the Loan Guarantee and Interest Assistance Program
as authorized by the Geothermal Energy Research, Development and
Demonstration Act of 1974, "30 USC 1101 note" as amended, $121,000, to
remain available until expended: Provided, That the indebtedness
guaranteed or committed to be guaranteed through funds provided by this
or any other appropriation Act shall not exceed the aggregate of
$500,000,000.
SEC. 301. Appropriations for the Department of Energy under this
title for the current fiscal year shall be available for hire of
passenger motor vehicles; hire, maintenance and operation of aircraft;
purchase, repair and cleaning of uniforms; and reimbursement to the
General Services Administration for security guard services. From these
appropriations, transfers of sums may be made to other agencies of the
United States Government for the performance of work for which this
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 appropriation 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.
SEC. 302. Not to exceed 5 per centum of any appropriation made
available for the current fiscal year for Department of Energy
activities funded in this Act may be transferred between such
appropriations, but no such appropriation, except as otherwise provided,
shall be increased or decreased by more than 5 per centum by any such
transfers, and any such proposed transfers shall be submitted promptly
to the Committees on Appropriations of the House and Senate.
SEC. 303. The unexpended balances of prior appropriations provided
for activities covered in this Act may be transferred to appropriation
accounts for such activities established pursuant to this title.
Balances so transferred may be merged with funds in the applicable
established accounts and thereafter may be accounted for as one fund for
the same period as originally enacted.
SEC. 304. The expenditure of any appropriation under this Act for
any consulting service through procurement contract pursuant to section
3109 of title 5, United States Code, 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. 305. None of the funds in the Department of Energy shall be
used to pay the expenses of, or otherwise compensate, parties
intervening in regulatory or adjudicatory proceedings funded in the
Department of Energy.
SEC. 307. For carrying out activities authorized by title II of
Public Law 93-410 "30 USC 1141 et seq" the Department of Energy is
authorized to transfer no more than $25,000,000 to the Geothermal
Resources Development Fund from unobligated balances within the Uranium
Supply and Enrichment Activities account: Provided, That such transfer
shall be reported promptly to the Committees on Appropriations of the
House and Senate. The amount authorized to be transferred by this
provision is in addition to the authority provided in section 302 of
this Act.
SEC. 308. Of the funds appropriated for Energy Supply, Research and
Development Activities under this Act, $2,000,000 shall be available
until expended to further domestic technology transfer by facilitating
access to data within the national laboratories, including the use of
supercomputers.
For necessary expenses of the Federal Cochairman and the alternate on
the Appalachian Regional Commission and for payment of the Federal share
of the administrative expenses of the Commission, including services as
authorized by section 3109 of title 5, United States Code, and hire of
passenger motor vehicles, $2,300,000.
For expenses necessary to carry out the programs authorized by the
Appalachian Regional Development Act of 1965, "40 USC app. 1" as
amended, except expenses authorized by section 105 of said Act, "40 USC
app. 105" including services as authorized by section 3109 of title 5,
United States Code, and hire of passenger motor vehicles, to remain
available until expended, $149,000,000 of which $100,000,000 shall be
available for the Appalachian Development Highway System.
For expenses necessary to carry out the functions of the United
States member of the Delaware River Basin Commission, as authorized by
law (75 Stat. 716), $172,000.
For payment of the United States share of the current expenses of the
Delaware River Basin Commission, as authorized by law (75 Stat. 706,
707), $283,000.
To enable the Secretary of the Treasury to pay in advance to the
Interstate Commission on the Potomac River Basin the Federal
contribution toward the expenses of the Commission during the current
fiscal year in the administration of its business in the conservancy
district established pursuant to the Act of July 11, 1940 (54 Stat.
748), as amended by the Act of September 25, 1970 (Public Law 91-407),
$70,000. "33 USC 567b, 467b-1"
For necessary expenses of the Commission in carrying out the purposes
of the Energy Reorganization Act of 1974, "42 USC 5801 note" as amended,
and the Atomic Energy Act, "42 USC 2011 note" as amended, including the
employment of aliens; services authorized by 5 U.S.C. 3109;
publication and dissemination of atomic information; purchase, repair,
and cleaning of uniforms; official representation expenses (not to
exceed $3,000); reimbursements to the General Services Administration
for security guard services; hire of passenger motor vehicles and
aircraft, $448,200,000, to remain available until expended: Provided,
That from this appropriation, transfer of sums may be made to other
agencies of the Government for the performance of the work for which
this appropriation is made, and in such cases the sums so transferred
may be merged with the appropration to which transferred: Provided
further, That moneys received by the Commission for the cooperative
nuclear safety research program and the material access authorization
program may be retained and used for salaries and expenses associated
with those programs, notwithstanding the provisions of section 3302 of
title 31, United States Code, and shall remain available until expended.
For expenses necessary to carry out the functions of the United
States member of the Susquehanna River Basin Commission, as authorized
by law (84 Stat. 1541), $167,000.
For payment of the United States share of the current expense of the
Susquehanna River Basin Commission, as authorized by law (84 Stat.
1530, 1531), $230,000.
For the purpose of carrying out the provisions of the Tennessee
Valley Authority Act of 1933, "16 USC 831 et seq." as amended (16 U.S.
C., ch. 12A), including purchase, hire, maintenance, and operation of
aircraft and purchase and hire of passenger motor vehicles, and for
entering into contracts and making payments under section 11 of the
National Trails System Act, "97 Stat. 49" "16 USC 1250" as amended,
$129,547,000, to remain available until expended, of which $9,547,000
shall be derived from prior year unobligated balances in the Tennessee
Valley Authority Fund: Provided, That this appropriation and other
moneys available to the Tennessee Valley Authority may be used for
payment of the allowances authorized by 5 U.S.C. 5948.
SEC. 501. 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. 502. None of the funds in this Act shall be used to pay the
expenses of, or otherwise compensate, parties intervening in regulatory
or adjudicatory proceedings funded in this Act.
SEC. 503. 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. 504. 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. 505. None of the funds appropriated in this Act shall be used
to implement a program of retention contracts for senior employees of
the Tennessee Valley Authority.
SEC. 506. Notwithstanding any other provision of this Act or any
other provision of law, none of the funds made available under this Act
or any other law shall be used for the purposes of conducting any
studies relating or leading to the possibility of changing from the
currently required "at cost" to a "market rate" or any other
non-cost-based method for the pricing of hydroelectric power by the six
Federal public power authorities, or other agencies or authorities of
the Federal Government, except as may be specifically authorized by Act
of Congress hereafter enacted.
Approved July 16, 1984.
LEGISLATIVE HISTORY -- H.R. 5653:
HOUSE REPORTS: No. 98-755 (Comm. on Appropriations) and No. 98-866
(Comm. on Conference).
SENATE REPORT No. 98-502 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 130 (1984): May 22, considered and passed
House. June 21, considered and passed Senate, amended. June 27, House
agreed to conference report; concurred in certain Senate amendments and
in others with amendments. Senate agreed to conference report and
concurred in House amendments.
PUBLIC LAW 98-359, 98 STAT. 402
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 "Postal Savings System Statute of Limitatons Act'.
SEC. 2. Section 1322(c) of title 31, United States Code, is amended
to read as follows:
"(c)(1) The Secretary of the Treasury shall hold in the Treasury
trust fund receipt account "Unclaimed Moneys of Individuals Whose
Whereabouts Are Unknown' the balance remaining after the final
distribution of unclaimed Postal Savings System deposits under
subsection (a) of the first section of the Act of August 13, 1971
(Public Law 92-117; 85 Stat. 337). The Secretary shall use the balance
to pay claims for Postal Savings System deposits without regard to the
State law or the law of other jurisdictions of deposit concerning the
disposition of unclaimed or abandoned property.
"(2) Necessary amounts may be appropriated without fiscal year
limitation to the trust fund receipt account to pay claims for deposits
when the balance in the account is not sufficient to pay the claims made
within the time limitation set forth in paragraph (3) of this
subsection.
"(3) No claim for any Postal Savings System deposit may be brought
more than one year from the date of the enactment of the Postal Savings
System Statute of Limitations Act.
"(4) The United States Postal Service shall assist the Secretary of
the Treasury in providing public notice of the time limitation set forth
in paragraph (3) of this subsection by posting notices thereof in all
post offices as soon as practicable after the date of the enactment of
the Postal Savings System Statute of Limitations Act.'.
Approved July 13, 1984.
LEGISLATIVE HISTORY -- H.R. 3922:
HOUSE REPORT No. 98-502, Pt. 1 (Comm. on the Judiciary).
SENATE REPORT No. 98-533 (Comm. on the Judiciary).
CONGRESSIONAL RECORD:
Vol. 129 (1983): Nov. 15, 16, considered and passed House.
Vol. 130 (1984): June 28, considered and passed Senate.
PUBLIC LAW 98-358, 98 STAT. 399
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 Interstate High Speed Intercity Rail Passenger Network
Compact as participated in by the States of Illinois, Indiana, Michigan,
Ohio, and Pennsylvania, which States have enacted such compact into law,
and any other State which subsequently becomes a participant through
enactment of the compact. Such compact is substantially as follows:
"Because the beneficial service of and profitability of a high speed
intercity rail passenger system would be enhanced by establishing such a
system which would operate across state lines, it is the policy of the
states party to this compact to cooperate and share jointly the
administrative and financial responsibilities of preparing a feasibility
study concerning the operation of such a system connecting major cities
in Ohio, Indiana, Michigan, Pennsylvania, Illinois, West Virginia, and
Kentucky.
"The states of Ohio, Indiana, Michigan, Pennsylvania, Illinois, West
Virginia, and Kentucky, hereinafter referred to as participating states,
agree to, upon adoption of this compact by the respective states,
jointly conduct and participate in a high speed intercity rail passenger
feasibility study by providing such information and data as is available
and may be requested by a participating state or any consulting firms
representing a participating state or the compact. It is mutually
understood by the participating states that such information shall not
include matters not of public record or of a nature considered to be
privileged and confidential unless the state providing such information
agrees to waive the confidentiality.
"The participating states further agree to:
"(a) Make available to each other and to any consulting firm
representing the member states or the compact such assistance as may be
legal, proper and available, including but not limited to personnel,
equipment, office space, machinery, computers, engineering and technical
advice and services; and
"(b) Provide such financial assistance for the implementation of the
feasibility study as may be legal, proper and available.
"There is hereby created an interstate rail passenger advisory
council, the membership of which shall consist of two representatives
from each participating state. The members shall select designees who
shall serve in the absence of the members. The advisory council shall
meet within thirty days after ratification of this agreement by at least
two participating states and establish rules for the conduct of the
advisory council's business.
"The advisory council shall coordinate all aspects of the high speed
intercity rail passenger feasibility study relative to interstate
connections and shall do all other things necessary and proper for the
completion of the feasibility study.
"This compact shall become effective upon the adoption of the compact
into law by two or more of the participating states. Thereafter, it
shall enter into force and effect as to any other participating state
upon the enactment thereof by such state.
"This compact shall continue in force with respect to a participating
state and remain binding upon such state until six months after such
state has given notice to each other participating state of the repeal
thereof. Such withdrawal shall not be construed to relieve any
participating state from any obligation incurred prior to the end of the
state's participation in the compact as provided herein.
"This compact shall be liberally construed so as to effectuate the
purposes thereof. The provisions of this compact shall be severable and
if any phrase, clause, sentence, or provision of this compact is
declared to be contrary to the constitution of any participating state
or of the United States, or the applicability thereof to any government,
agency, person, or circumstance is held invalid, the validity of the
remainder of this compact and the applicability thereof to any
government, agency, person, or circumstance shall not be affected
thereby. If this compact shall be held contrary to the constitution of
any participating state, the compact shall remain in full force and
effect as to the remaining states and in full force and effect as to the
state affected as to all severable matters.'.
SEC. 2. The two members from each State on the advisory council
created under article III of the compact shall be selected in accordance
with such State's enacting legislation.
Approved July 13, 1984.
LEGISLATIVE HISTORY -- H.R. 4308:
HOUSE REPORT No. 98-823 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 130 (1984):
June 19, considered and passed House.
June 28, considered and passed Senate.
PUBLIC LAW 98-357, 98 STAT. 397
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. (a) The Congress finds that --
(1) the Black Canyon of the Gunnison National Monument
(hereafter in this Act referred to as the "Monument') is an
integral and widely recognized part of the national park system,
and possesses outstanding recreational opportunities and natural
characteristics of high value which, if properly managed,
contribute as an enduring resource for the benefit of the American
people;
(2) the preservation of these valuable resources is
significantly threatened by increased development activity and the
subdivision of adjacent private lands;
(3) the Monument does not have a boundary established by
legislation; and
(4) it is in the best interest of the United States to
establish the boundary of the Monument so as to encompass the
lands described as being within the Monument and those private
lands posing the most immediate threat to the visual quality of
the area.
(b) The purpose of this Act is to establish a boundary for the
Monument in order to promote, perpetuate, and preserve the character of
the land and to preserve scenic and historic resources.
SEC. 2. (a) The boundary of the Monument shall be as generally
depicted on the map entitled "Boundary Map, Black Canyon of the Gunnison
National Monument', dated February 1984, and numbered 144-80,010-B,
which shall be on file and available for public inspection in the office
of the Director, National Park Service, Department of the Interior and
in the office of the Park Superintendent, Black Canyon of the Gunnison
National Monument "16 USC 431'.
(b) Not later than six months after the date of enactment of this
Act, the Secretary of the Interior (hereinafter in this Act referred to
as the "Secretary') shall file a legal description of the revised
boundary with the Committee on Interior and Insular Affairs of the House
of Representatives and the Committee on Energy and Natural Resources of
the United States Senate. Such legal description shall have the same
force and effect as if included in this Act, except that corrections of
clerical and typographical errors in such legal description (and in the
map referred to in subsection (a)) may be made. Such legal descriptions
shall be on file and available for public inspection in the office of
the Director, National Park Service, Department of the Interior.
SEC. 3. (a) The Secretary is authorized to acquire lands or interests
therein within the boundary of the Monument by donation, exchange, or
purchase with donated or appropriated funds. The Secretary may acquire
less than fee interests in such lands in cases where such interest will
adequately protect the visual quality, natural, or cultural resources of
the Monument: Provided, That the Secretary shall not acquire lands in
fee interest unless the owner of such land concurs with such action.
(b) All lands under the administrative jurisdiction of the Secretary
within the boundary of the Monument as of the date of enactment of this
Act, shall be transferred to the administrative jurisdiction of the
National Park Service to be administered as a part of the Monument.
(c) Upon request by a landowner, and if determined by the Secretary
that such action would not be detrimental to the visual resources of the
Monument, the Secretary shall permit as a condition of the acquisition
of any less than fee interest in land under this Act --
(1) livestock grazing to continue at the levels and locations
customarily exercised by the owner of such land prior to August 1,
1983, and
(2) commonly accepted operation and maintenance practices
supporting livestock grazing to continue to be allowed, including
the maintenance of domestic, livestock and agricultural water
conveyance systems, and the construction and maintenance of
required fencing and stock ponds.
(d) Subject to valid existing rights, federally owned lands and
interests therein within the Monument are withdrawn from entry or
appropriation under the mining laws of the United States, from the
operation of the mineral leasing laws of the United States, from
operation of the Geothermal Steam Act of 1970 "30 USC 1001', and from
disposition under the public land laws.
SEC. 4. The Secretary shall administer the Monument in accordance
with the provisions of this Act and the provisions of law generally
applicable to units of the National Park System including the Acts of
August 25, 1916 (39 Stat. 535 "43 USC 1457'), and August 21, 1935 (49
Stat. 666 "16 USC 461').
SEC. 5. Effective October 1, 1984, there is hereby authorized to be
appropriated to the Department of the Interior such sums as may be
necessary to carry out the provisions of this Act.
Approved July 13, 1984.
LEGISLATIVE HISTORY -- H.R. 3825:
HOUSE REPORT No. 98-608 (Comm.
HOUSE REPORT No. 98-608 (Comm.
CONGRESSIONAL RECORD, Vol. 130 (1984):
Mar. 5, considered and passed House.
June 28, considered and passed Senate.
PUBLIC LAW 98-356, 98 STAT. 395
Whereas the Great Lakes have long been recognized as a valuable
transportation resource by Americans and Canadians;
Whereas it was not until the opening of the St. Lawrence Seaway in
1959 that mid-continent North America was able to fully enjoy the
economies and efficiencies inherent in deep-draft, waterborne commerce;
Whereas the St. Lawrence Seaway is a symbol of the thriving climate
of constructive cooperation which exists between the United States and
Canada;
Whereas, since the opening of the St. Lawrence Seaway in 1959, more
than one billion metric tons of cargo have moved through the Seaway to
the far reaches of the globe;
Whereas June 27, 1984, will mark the 25th anniversary of the
dedication of the opening of the St. Lawrence Seaway to deepdraft
navigation at the Dwight D. Eisenhower Lock, Massena, New York; and
Whereas it is appropriate to recognize, acknowledge, and proclaim the
importance of the St. Lawrence Seaway to the economic well-being of
mid-continent North America and the significance of the St. Lawrence
Seaway-Great Lakes navigation system in the overall transportation
network of the United States: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That --
(1) 1984 is designated as the "Year of the St. Lawrence
Seaway', and
(2) June 27, 1984, is designated as "St. Lawrence Seaway Day'.
The President is authorized and requested to issue a proclamation
calling upon the people of the United States to observe such year and
such day with appropriate ceremonies and activities.
Approved July 11, 1984.
LEGISLATIVE HISTORY -- H.J. Res. 567:
CONGRESSIONAL RECORD, Vol. 130 (1984):
June 6, considered and passed House.
June 28, considered and passed Senate.
PUBLIC LAW 98-355, 98 STAT. 394
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. Increased Payments for Presidential Nominating
Conventions.
(a) IN GENERAL. -- Paragraph (1) of section 9008(b) of the Internal
Revenue Code of 1954 "26 USC 9008' (relating to major parties) is
amended by striking out "$3,000,000' and inserting in lieu thereof
"$4,000,000'.
(b) TECHNICAL AMENDMENTS. -- Paragraph (5) of section 9008(b) of such
Code (relating to adjustment of entitlements) is amended --
(1) by striking out "section 320(b) and section 320(d)' and
inserting in lieu thereof "section 315(b) and section 315(d)';
and
(2) by striking out "section 320(c)' and inserting in lieu
thereof "section 315(c)'.
(c) EFFECTIVE DATE. -- The amendments made by this section shall take
effect on January 1, 1984.
Approved July 11, 1984.
LEGISLATIVE HISTORY -- H.R. 5950:
HOUSE REPORT No. 98-877, Pt. 1 (Comm. on Ways and Means).
CONGRESSIONAL RECORD, Vol. 130 (1984):
June 28, considered and passed House.
June 29, considered and passed Senate.
PUBLIC LAW 98-354, 98 STAT. 393
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 1102(a) of the Panama Canal Act of 1979 (22
U.S.C. 3612(a)), William R. Gianelli may continue to serve as the
designee of the Secretary of Defense on the Board of the Panama Canal
Commission after his retirement as an officer of the Department of
Defense, until another officer of the Department of Defense is
designated under section 1102(a) of the Panama Canal Act of 1979.
Approved July 10, 1984.
LEGISLATIVE HISTORY. -- H.R. 5404:
HOUSE REPORT No. 98-732 (Comm. on Merchant Marine and Fisheries).
CONGRESSIONAL RECORD, Vol. 130 (1984):
May 14, considered and passed House.
June 28, considered and passed Senate.
Public Law 98-353, 98 Stat. 333
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 "Bankruptcy Amendments and Federal Judgeship Act of 1984".
"28 USC 151 note"
SEC. 101. (a) Section 1334 of title 28, United States Code, is
amended to read as follows:
"(a) Except as provided in subsection (b) of this section, the
district courts shall have original and exclusive jurisdiction of all
cases under title 11. "11 USC 101 et seq"
"(b) Notwithstanding any Act of Congress that confers exclusive
jurisdiction on a court or courts other than the district courts, the
district courts shall have original but not exclusive jurisdiction of
all civil proceedings arising under title 11, or arising in or related
to cases under title 11.
"(c)(1) Nothing in this section prevents a district court in the
interest of justice, or in the interest of comity with State courts or
respect for State law, from abstaining from hearing a particular
proceeding arising under title 11 or arising in or related to a case
under title 11.
"(2) Upon timely motion of a party in a proceeding based upon a State
law claim or State law cause of action, related to a case under title 11
but not arising under title 11 or arising in a case under title 11, with
respect to which an action could not have been commenced in a court of
the United States absent jurisdiction under this section, the district
court shall abstain from hearing such proceeding if an action is
commenced, and can be timely adjudicated, in a State forum of
appropriate jurisdiction. Any decision to abstain made under this
subsection is not reviewable by appeal or otherwise. This subsection
shall not be construed to limit the applicability of the stay provided
for by section 362 of title 11, United States Code, as such section
applies to an action affecting the property of the estate in bankruptcy.
"(d) The district court in which a case under title 11 is commenced
or is pending shall have exclusive jurisdiction of all of the property,
wherever located, of the debtor as of the commencement of such case, and
of the estate.".
(b) The table of sections for chapter 85 of title 28, United States
Code, is amended by amending the item relating to section 1334 to read
as follows:
SEC. 102. (a) Chapter 87 of title 28, United States Code, is amended
by adding at the end thereof the following new sections:
"Except as provided in section 1410 of this title, a case under title
11 "11 USC 101 et seq" may be commenced in the district court for the
district --
"(1) in which the domicile, residence, principal place of
business in the United States, or principal assets in the United
States, of the person or entity that is the subject of such case
have been located for the one hundred and eighty days immediately
preceding such commencement, or for a longer portion of such
one-hundred-and-eighty-day period than the domicile, residence, or
principal place of business, in the United States, or principal
assets in the United States, of such person were located in any
other district; or
"(2) in which there is pending a case under title 11 concerning
such person's affiliate, general partner, or partnership.
or arising in or related to cases under title 11 "28 USC
1409"
"(a) Except as otherwise provided in subsections (b) and (d), a
proceeding arising under title 11 "11 USC 101 et seq" or arising in or
related to a case under title 11 may be commenced in the district court
in which such case is pending.
"(b) Except as provided in subsection (d) of this section, a trustee
in a case under title 11 may commence a proceeding arising in or related
to such case to recover a money judgment of or property worth less than
$1,000 or a consumer debt of less than $5,000 only in the district court
for the district in which the defendant resides.
"(c) Except as provided in subsection (b) of this section, a trustee
in a case under title 11 may commence a proceeding arising in or related
to such case as statutory successor to the debtor or creditors under
section 541 or 544(b) of title 11 "11 USC 541, 544" in the district
court for the district where the State or Federal court sits in which,
under applicable nonbankruptcy venue provisions, the debtor or
creditors, as the case may be, may have commenced an action on which
such proceeding is based if the case under title 11 had not been
commenced.
"(d) A trustee may commence a proceeding arising under title 11 or
arising in or related to a case under title 11 based on a claim arising
after the commencement of such case from the operation of the business
of the debtor only in the district court for the district where a State
or Federal court sits in which, under applicable nonbankruptcy venue
provisions, an action on such claim may have been brought.
"(e) A proceeding arising under title 11 or arising in or related to
a case under title 11, based on a claim arising after the commencement
of such case from the operation of the business of the debtor, may be
commenced against the representative of the estate in such case in the
district court for the district where the State or Federal court sits in
which the party commencing such proceeding may, under applicable
nonbankruptcy venue provisions, have brought an action on such claim, or
in the district court in which such case is pending.
foreign proceedings
"(a) A case under section 304 of title 11 "11 USC 304" to enjoin the
commencement or continuation of an action or proceeding in a State or
Federal court, or the enforcement of a judgment, may be commenced only
in the district court for the district where the State or Federal court
sits in which is pending the action or proceeding against which the
injunction is sought.
"(b) A case under section 304 of title 11 to enjoin the enforcement
of a lien against a property, or to require the turnover of property of
an estate, may be commenced only in the district court for the district
in which such property is found.
"(c) A case under section 304 of title 11, other than a case
specified in subsection (a) or (b) of this section, may be commenced
only in the district court for the district in which is located the
principal place of business in the United States, or the principal
assets in the United States, of the estate that is the subject of such
case.
"(a) Except as provided in subsection (b) of this section, this
chapter and title 11 "11 USC 101 et seq" do not affect any right to
trial by jury that an individual has under applicable nonbankruptcy law
with regard to a personal injury or wrongful death tort claim.
"(b) The district court may order the issues arising under section
303 of title 11 "11 USC 303" to be tried without a jury.
"A district court may transfer a case or proceeding under title 11
"11 USC 101 et seq" to a district court for another district, in the
interest of justice or for the convenience of the parties.".
(b) The table of sections of chapter 87 of title 28, United States
Code, is amended by adding at the end thereof the following new items:
"1408. Venue of cases under title 11.
"1409. Venue of proceedings arising under title 11 or arising in or
related to cases under title 11.
"1410. Venue of cases ancillary to foreign proceedings.
"1411. Jury trials.
"1412. Change of venue.".
SEC. 103. (a) Chapter 89 of titel 28, United States Code, is amended
by inserting at the end thereof the following new section:
bankruptcy cases
"(a) A party may remove any claim or cause of action in a civil
action other than a proceeding before the United States Tax Court or a
civil action by a governmental unit to enforce such governmental unit's
police or regulatory power, to the district court for the district where
such civil action is pending, if such district court has jurisdiction of
such claim or cause of action under section 1334 of this title.
"(b) The court to which such claim or cause of action is removed may
remand such claim or cause of action on any equitable ground. An order
entered under this subsection remanding a claim or cause of action, or a
decision to not remand, is not reviewable by appeal or otherwise.".
(b) The table of sections of chapter 89 of title 28, United States
Code, is amended by adding at the end thereof the following new item:
"1452. Removal of claims related to bankruptcy cases.".
SEC. 104. (a) Title 28 of the United States Code is amended by
inserting after chapter 5 the following new chapter:
"Sec.
"151. Designation of bankruptcy courts.
"152. Appointment of bankruptcy judges.
"153. Salaries; character of service.
"154. Division of business; chief judge.
"155. Temporary transfer of bankruptcy judges.
"156. Staff; expenses.
"157. Procedures.
"158. Appeals.
courts
"In each judicial district, the bankruptcy judges in regular active
service shall constitute a unit of the district court to be known as the
bankruptcy court for that district. Each bankruptcy judge, as a
judicial officer of the district court, may exercise the authority
conferred under this chapter with respect to any action, suit, or
proceeding and may preside alone and hold a regular or special session
of the court, except as otherwise provided by law or by rule or order of
the district court.
judges
"(a)(1) The United States court of appeals for the circuit shall
appoint bankruptcy judges for the judicial districts established in
paragraph (2) in such numbers as are established in such paragraph.
Such appointments shall be made after considering the recommendations of
the Judicial Conference submitted pursuant to subsection (b). Each
bankruptcy judge shall be appointed for a term of fourteen years,
subject to the provisions of subsection (e). Bankruptcy judges shall
serve as judicial officers of the United States district court
established under Article III "USC prec. title 1" of the Constitution.
"(2) The bankruptcy judges appointed pursuant to this section shall
be appointed for the several judicial districts as follows:
"Districts Judges
Alabama:
Northern................5
Middle..................2
Southern................2
Alaska........................1
Arizona.......................4
Arkansas:
Eastern and Western.....2
California:
Northern................7
Eastern.................4
Central................12
Southern................3
Colorado......................4
Connecticut...................2
Delaware......................1
District of Columbia..........1
Florida:
Northern................1
Middle..................2
Southern................3
Georgia:
Northern................4
Middle..................2
Southern................1
Hawaii........................1
Idaho.........................1
Illinois:
Northern................8
Central.................2
Southern................1
Indiana:
Northern................2
Southern................4
Iowa:
Northern................1
Southern................1
Kansas........................3
Kentucky:
Eastern.................1
Western.................2
Louisiana:
Eastern.................2
Middle..................1
Western.................2
Maine.........................2
Maryland......................2
Massachusetts.................4
Michigan:
Eastern.................4
Western.................2
Minnesota.....................4
Mississippi:
Northern................1
Southern................2
Missouri:
Eastern.................3
Western.................3
Montana.......................1
Nebraska......................1
Nevada........................2
New Hampshire.................1
New Jersey....................5
New Mexico....................2
New York:
Northern................2
Southern................7
Eastern.................6
Western.................3
North Carolina:
Eastern.................2
Middle..................2
Western.................1
North Dakota..................1
Ohio:
Northern................8
Southern................7
Oklahoma:
Northern................1
Eastern.................1
Western.................2
Oregon........................4
Pennsylvania:
Eastern.................3
Middle..................2
Western.................3
Puerto Rico...................2
Rhode Island..................1
South Carolina................1
South Dakota..................1
Tennessee:
Eastern.................2
Middle..................2
Western.................2
Texas:
Northern................4
Eastern.................1
Southern................3
Western.................2
Utah..........................2
Vermont.......................1
Virginia:
Eastern.................3
Western.................3
Washington:
Eastern.................1
Western.................4
West Virginia:
Northern................1
Southern................1
Wisconsin:
Eastern.................3
Western.................2
Wyoming.......................1.".
"(3) Whenever a majority of the judges of any court of appeals cannot
agree upon the appointment of a bankruptcy judge, the chief judge of
such court shall make such appointment.
"(4) The judges of the district courts for the territories shall
serve as the bankruptcy judges for such courts. The United States court
of appeals for the circuit within which such a territorial district
court is located may appoint bankruptcy judges under this chapter for
such district if authorized to do so by the Congress of the United
States under this section.
"(b)(1) The Judicial Conference of the United States shall, from time
to time, and after considering the recommendations submitted by the
Director of the Administrative Office of the United States Courts after
such Director has consulted with the judicial council of the circuit
involved, determine the official duty stations of bankruptcy judges and
places of holding court.
"(2) The Judicial Conference shall, from time to time, submit
recommendations to the Congress regarding the number of bankruptcy
judged needed and the districts in which such judges are needed.
"(c) Each bankruptcy judge may hold court at such places within the
judicial district, in addition to the official duty station of such
judge, as the business of the court may require.
"(d) With the approval of the Judicial Conference and of each of the
judicial councils involved, a bankruptcy judge may be designated to
serve in any district adjacent to or near the district for which such
bankruptcy judge was appointed.
"(e) A bankruptcy judge may be removed during the term for which such
bankruptcy judge is appointed, only for incompetence, misconduct,
neglect of duty, or physical or mental disability and only by the
judicial council of the circuit in which the judge's official duty
station is located. Removal may not occur unless a majority of all of
the judges of such council concur in the order of removal. Before any
order of removal may be entered, a full specification of charges shall
be furnished to such bankruptcy judge who shall be accorded an
opportunity to be heard on such charges.
"(a) Each bankruptcy judge shall serve on a full-time basis and shall
receive as full compensation for his services 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, to be paid at such
times as the Judicial Conference of the United States determines.
"(b) A bankruptcy judge may not engage in the practice of law and may
not engage in any other practice, business, occupation, or employment
inconsistent with the expeditious, proper, and impartial performance of
such bankruptcy judge's duties as a judicial officer. The Conference
may promulgate appropriate rules and regulations to implement this
subsection.
"(c) Each individual appointed under this chapter shall take the oath
or affirmation prescribed by section 453 of this title before performing
the duties of the office of bankruptcy judge.
judge
"(a) Each bankruptcy court for a district having more than one
bankruptcy judge shall by majority vote promulgate rules for the
division of business among the bankruptcy judges to the extent that the
division of business is not otherwise provided for by the rules of the
district court.
"(b) In each district court having more than one bankruptcy judge the
district court shall designate one judge to serve as chief judge of such
bankruptcy court. Whenever a majority of the judges of such district
court cannot agree upon the designation as chief judge, the chief judge
of such district court shall make such designation. The chief judge of
the bankruptcy court shall ensure that the rules of the bankruptcy court
and of the district court are observed and that the business of the
bankruptcy court is handled effectively and expeditiously.
bankruptcy judges
"(a) A bankruptcy judge may be transferred to serve temporarily as a
bankruptcy judge in any judicial district other than the judicial
district for which such bankruptcy judge was appointed upon the approval
of the judicial council of each of the circuits involved.
"(b) A bankruptcy judge who has retired may, upon consent, be
recalled to serve as a bankruptcy judge in any judicial district by the
judicial council of the circuit within which such district is located.
Upon recall, a bankruptcy judge may receive a salary for such service in
accordance with regulations promulgated by the Judicial Conference of
the United States, subject to the restrictions on the payment of an
annuity in subchapter III of chapter 83 of title 5. "5 USC 8331"
"(a) Each bankruptcy judge may appoint a secretary, a law clerk, and
such additional assistants as the Director of the Administrative Office
of the United States Courts determines to be necessary.
"(b) Upon certification to the judicial council of the circuit
involved and to the Director of the Administrative Office of the United
States Courts that the number of cases and proceedings pending within
the jurisdiction under section 1334 of this title within a judicial
district so warrants, the bankruptcy judges for such district may
appoint an individual to serve as clerk of such bankruptcy court. The
clerk may appoint, with the approval of such bankruptcy judges, and in
such number as may be approved by the Director, necessary deputies, and
may remove such deputies with the approval of such bankruptcy judges.
"(c) Any court may utilize facilities or services, either on or off
the court's premises, which pertain to the provision of notices,
dockets, calendars, and other administrative information to parties in
cases filed under the provisions of title 11, United States Code, where
the costs of such facilities or services are paid for out of the assets
of the estate and are not charged to the United States. The utilization
of such facilities or services shall be subject to such conditions and
limitations as the pertinent circuit council may prescribe.
"(a) Each district court may provide that any or all cases under
title 11 and any or all proceedings arising under title 11 "11 USC 101
et seq" or arising in or related to a case under title 11 shall be
referred to the bankruptcy judges for the district.
"(b)(1) Bankruptcy judges may hear and determine all cases under
title 11 and all core proceedings arising under title 11, or arising in
a case under title 11, referred under subsection (a) of this section,
and may enter appropriate orders and judgments, subject to review under
section 158 of this title.
"(2) Core proceedings include, but are not limited to --
"(A) matters concerning the administration of the estate;
"(B) allowance or disallowance of claims against the estate or
exemptions from property of the estate, and estimation of claims
or interest for the purposes of confirming a plan under chapter 11
or 13 of title 11 "11 USC 1101 et seq., 1301 et seq" but not the
liquidation or estimation of contingent or unliquidated personal
injury tort or wrongful death claims against the estate for
purposes of distribution in a case under title 11;
"(C) counterclaims by the estate against persons filing claims
against the estate;
"(D) orders in respect to obtaining credit;
"(E) orders to turn over property of the estate;
"(F) proceedings to determine, avoid, or recover preferences;
"(G) motions to terminate, annul or modify the automatic stay;
"(H) proceedings to determine, avoid, or recover fraudulent
conveyances;
"(I) determinations as to the dischargeability of particular
debts;
"(J) objections to discharges;
"(K) determinations of the validity, extent, or priority of
liens;
"(L) confirmations of plans;
"(M) orders approving the use or lease of property, including
the use of cash collateral;
"(N) orders approving the sale of property other than property
resulting from claims brought by the estate against persons who
have not filed claims against the estate; and
"(O) other proceedings affecting the liquidation of the assets
of the estate or the adjustment of the debtor-creditor or the
equity security holder relationship, except personal injury tort
or wrongful death claims.
"(3) The bankruptcy judge shall determine, on the judge's own motion
or on timely motion of a party, whether a proceeding is a core
proceeding under this subsection or is a proceeding that is otherwise
related to a case under title 11. A determination that a proceeding is
not a core proceeding shall not be made solely on the basis that its
resolution may be affected by State law.
"(4) Non-core proceedings under section 157(b)(2)(B) of title 28,
United States Code, shall not be subject to the mandatory abstention
provisions of section 1334(c)(2).
"(5) The district court shall order that personal injury tort and
wrongful death claims shall be tried in the district court in which the
bankruptcy case is pending, or in the district court in the district in
which the claim arose, as determined by the district court in which the
bankruptcy case is pending.
"(c)(1) A bankruptcy judge may hear a proceeding that is not a core
proceeding but that is otherwise related to a case under title 11. "11
USC 101 et seq" In such proceeding, the bankruptcy judge shall submit
proposed findings of fact and conclusions of law to the district court,
and any final order or judgment shall be entered by the district judge
after considering the bankruptcy judge's proposed findings and
conclusions and after reviewing de novo those matters to which any party
has timely and specifically objected.
"(2) Notwithstanding the provisions of paragraph (1) of this
subsection, the district court, with the consent of all the parties to
the proceeding, may refer a proceeding related to a case under title 11
to a bankruptcy judge to hear and determine and to enter appropriate
orders and judgments, subject to review under section 158 of this title.
"(d) The district court may withdraw, in whole or in part, any case
or proceeding referred under this section, on its own motion or on
timely motion of any party, for cause shown. The district court shall,
on timely motion of a party, so withdraw a proceeding if the court
determines that resolution of the proceeding requires consideration of
both title 11 and other laws of the United States regulating
organizations or activities affecting interstate commerce.
"(a) The district courts of the United States shall have jurisdiction
to hear appeals from final judgments, orders, and decrees, and, with
leave of the court, from interlocutory orders and decrees, of bankruptcy
judges entered in cases and proceedings referred to the bankruptcy
judges under section 157 of this title. An appeal under this subsection
shall be taken only to the district court for the judicial district in
which the bankruptcy judge is serving.
"(b)(1) The judicial council of a circuit may establish a bankruptcy
appellate panel, comprised of bankruptcy judges from districts within
the circuit, to hear and determine, upon the consent of all the parties,
appeals under subsection (a) of this section.
"(2) No appeal may be referred to a panel under this subsection
unless the district judges for the district, by majority vote, authorize
such referral of appeals originating within the district.
"(3) A panel established under this section shall consist of three
bankruptcy judges, provided a bankruptcy judge may not hear an appeal
originating within a district for which the judge is appointed or
designated under section 152 of this title.
"(c) An appeal under subsections (a) and (b) of this section shall be
taken in the same manner as appeals in civil proceedings generally are
taken to the courts of appeals from the district courts and in the time
provided by Rule 8002 of the Bankruptcy Rules. "11 USC app"
"(d) The courts of appeals shall have jurisdiction of appeals from
all final decisions, judgments, orders, and decrees entered under
subsections (a) and (b) of this section.".
(b) The table of chapters of part I of title 28, United States Code,
is amended by inserting after the item relating to chapter 5, the
following new item:
"6. Bankruptcy judges...................................151.".
SEC. 105. "28 USC 153 note" (a) The salary of a bankruptcy judge in
effect on June 27, 1984, shall remain in effect until changed as a
result of a determination or adjustment made pursuant to section 153(a)
of title 28, United States Code, as added by this Act.
SEC. 106. (a) Notwithstanding section 152 of title 28, "28 USC 152
note" United States Code, as added by this Act, the term of office of a
bankruptcy judge who is serving on the date of enactment of this Act is
extended to and expires four years after the date such bankruptcy judge
was last appointed to such office or on October 1, 1986, whichever is
later.
(b)(1) Notwithstanding section 153(a) of title 28, United States
Code, as added by this Act, and notwithstanding subsection (a) of this
section, a bankruptcy judge serving on a part-time basis on the date of
enactment of this Act may continue to serve on such basis for a period
not to exceed two years from the date of enactment of this Act.
(2) Notwithstanding the provisions of section 153(b) of title 28,
United States Code, a bankruptcy judge serving on a part-time basis may
engage in the practice of law but may not engage in any other practice,
business, occupation, or employment inconsistent with the expeditious,
proper, and impartial performance of such bankruptcy judge's duties as a
judicial officer. The Judicial Conference of the United States may
promulgate appropriate rules and regulations to implement this
paragraph.
SEC. 107. Section 372(c)(6)(B)(vii) of title 28, United States Code,
is amended by striking out "section 153" and inserting in lieu thereof
"section 152".
SEC. 108. (a) Section 634(a) of title 28, United States Code, is
amended by striking out "the rates now or hereafter provided for
full-time or part-time referees in bankruptcy, respectively, referred to
in section 40a of the Bankruptcy Act (11 U.S.C. 68(a)), as amended," and
inserting in lieu thereof "rates 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". "28 USC 634 note"
(b) The maximum rates for salary of full-time and part-time United
States magistrates in effect on June 27, 1984, shall remain in effect
until changed as a result of a determination made under section 634(a)
of title 28, United States Code, as amended by this Act.
SEC. 109. Section 957 of title 28, United States Code, is amended by
striking out "district".
SEC. 110. Section 1360 of title 28, United States Code, is amended
--
(1) by striking out "or Territories";
(2) by striking out "or Territory" each place it appears; and
(3) by striking out "within the Territory" and inserting in
lieu thereof "within the State".
SEC. 111. (a) Section 1930 of title 28, United States Code, is
amended by striking out "clerk of the bankruptcy court" each place it
appears and inserting in lieu thereof "clerk of the court".
(b) The heading for section 1930 of title 28, United States Code, is
amended to read as follows:
(c) The table of sections for chapter 125 of title 28, United States
Code, is amended by striking out "Bankruptcy courts" and inserting in
lieu thereof "Bankruptcy fees".
SEC. 112. Subsections (f), (j), (k), (l), and (m) of section 8339,
subsections (b)(1) and (d) of section 8341, and section 8344(a)(A) of
title 5, United States Code, are each amended by striking out "and (o)"
and inserting in lieu thereof "and (n)".
SEC. 113. Section 402(b) of the Act of November 6, 1978 "11 USC note
prec. 101" (Public Law 95-598; 92 Stat. 2692), is amended by striking
out "shall take effect on June 28, 1984" and inserting in lieu thereof
"shall not be effective".
SEC. 114. Sections 404, 405(a), 405(b), 405(c), 406, 407, and 409
"28 USC notes prec. 151, notes prec. 1471" of the Act of November 6,
1978 (Public Law 95-598; 92 Stat. 2683), are repealed.
SEC. 115. (a) On the date of the enactment of this Act, "28 USC 1334
note" the appropriate district court of the United States shall have
jurisdiction of --
(1) cases, and matters and proceedings in cases, under the
Bankruptcy Act "11 USC note prec. 101" that are pending
immediately before such date in the bankruptcy courts continued by
section 404(a) of the Act of November 6, 1978 "28 USC note prec.
151" (Public Law 95-598; 92 Stat. 2687), and
(2) cases under title 11 of the United States Code, and
proceedings arising under title 11 of the United States Code or
arising in or related to cases under title 11 of the United States
Code, that are pending immediately before such date in the
bankruptcy courts continued by section 404(a) of the Act of
November 6, 1978 (Public Law 95-598; 92 Stat. 2687).
(b) On the date of the enactment of this Act, there shall be
transferred to the appropriate district court of the United States
appeals from final judgments, orders, and decrees of the bankruptcy
courts pending immediately before such date in the bankruptcy appellate
panels appointed under section 405(c) of the Act of November 6, 1978 "28
USC note prec. 1471" (Public Law 98-598; 91 Stat. 2685).
SEC. 116. (a) Section 8331(22) of title 5, United States Code, is
amended --
(1) by striking out "adding this paragraph" and inserting in
lieu thereof "of November 6, 1978 (Public Law 95-598; 92 Stat.
2549)";
(2) by striking out subparagraph (A) and inserting in lieu
thereof the following new subparagraph:
"(A) who is serving as a United States bankruptcy judge on the
date of enactment of the Bankruptcy Amendments and Federal
Judgeship Act of 1984, and continues to serve as a bankruptcy
judge after such date until either the date on which a successor
for such judge is appointed, or October 1, 1986, whichever date is
earlier;";
(3) in subparagraph (B) --
(A) by striking out "transition period" and inserting in lieu
thereof "period beginning on October 1, 1979, and ending on the
date of enactment of the Bankruptcy Amendments and Federal
Judgeship Act of 1984";
(B) by striking out the period at the end thereof and inserting
in lieu thereof "; or", and
(4) by adding at the end thereof the following new
subparagraph:
"(C) who is appointed as a bankruptcy judge under section 152
of title 28.".
(b)(1) The first sentence of section 8334(a)(1) of title 5, United
States Code, is amended by inserting "and a bankruptcy judge" before the
period.
(2) The matter relating to bankruptcy judges in the table set out in
section 8334(c) of title 5, United States Code, is amended --
(A) by striking out the following item:
"7............After January 1, 1970.".
and
(B) by inserting in lieu of the item stricken by subparagraph
(A) the following new items:
"7............January 1, 1970, to December 31, 1983.
"8............After December 31, 1983.".
(c) Section 8336 of title 5, United States Code, "97 Stat. 701" is
amended --
(1) by redesignating subsection (k) as subsection (l), and
(2) by inserting after subsection (j) the following new
subsection:
"(k) A bankruptcy judge who is separated from service, except by
removal, after becoming sixty-two years of age and completing ten years
of service as a bankruptcy judge is entitled to an annuity.".
(d) Section 8339 of title 5, United States Code, is amended by --
(1) inserting "or (n)" after "(c)" in subsection (g)(2);
(2) striking out "or (c)" each place it appears in subsection
(g) and inserting in lieu thereof "(c), or (n)"; and
(3) striking out "March 31, 1979, and before June 27, 1984," in
subsection (n) and inserting in lieu thereof "as a referee in
bankruptcy and".
(e) The amendments made by this section "5 USC 8331 note" shall take
effect on the date of enactment and shall apply to bankruptcy judges who
retire on or after such date.
SEC. 117. "5 USC 8331 note" The adjustments in the retirement
provisions made by this Act shall not be construed to be a "new
government retirement system" for purposes of the Federal Employees
Retirement Contribution Temporary Adjustment Act of 1983 "97 Stat.
1105" (Public Law 98-168).
SEC. 118. Section 105 of title 11, "5 USC 5948 note" United States
Code, is amended --
(1) by deleting the word "bankruptcy" whereever it appears
therein; and
(2) by adding at the end thereof the following new subsection:
"(c) The ability of any district judge or other officer or employee
of a district court to exercise any of the authority or responsibilities
conferred upon the court under this title shall be determined by
reference to the provisions relating to such judge, officer, or employee
set forth in title 28. "28 USC 1 et seq" This subsection shall not be
interpreted to exclude bankruptcy judges and other officers or employees
appointed pursuant to chapter 6 of title 28 from its operation.".
SEC. 119. If any provision of this Act "28 USC 151 note" or the
application thereof to any person or circumstance is held invalid, the
remainder of this Act, or the application of that provision to persons
or circumstances other than those as to which it is held invalid, is not
affected thereby.
SEC. 120. "28 USC 152 note" (a)(1) Whenever a court of appeals is
authorized to fill a vacancy that occurs on a bankruptcy court of the
United States, such court of appeals shall appoint to fill that vacancy
a person whose character, experience, ability, and impartiality qualify
such person to serve in the Federal judiciary.
(2) It is the sense of the Congress that the courts of appeals should
consider for appointment under section 152 of title 28, United States
Code, to the first vacancy which arises after the date of the enactment
of this Act in the office of each bankruptcy judge, the bankruptcy judge
who holds such office immediately before such vacancy arises, if such
bankruptcy judge requests to be considered for such appointment.
(b) The judicial council of the circuit involved shall assist the
court of appeals by evaluating potential nominees and by recommending to
such court for consideration for appointment to each vacancy on the
bankruptcy court persons who are qualified to be bankruptcy judges under
regulations prescribed by the Judicial Conference of the United States.
In the case of the first vacancy which arises after the date of the
enactment of this Act in the office of each bankruptcy judge, such
potential nominees shall include the bankruptcy judge who holds such
office immediately before such vacancy arises, if such bankruptcy judge
requests to be considered for such appointment and the judicial council
determines that such judge is qualified under subsection (c) of this
section to continue to serve. Such potential nominees shall receive
consideration equal to that given all other potential nominees for such
position.
(c) Before transmitting to the court of appeals the names of the
persons the judicial council for the circuit deems best qualified to
fill any existing vacancy, the judicial council shall have determined
that --
(1) public notice of such vacancy has been given and an effort
has been made, in the case of each such vacancy, to identify
qualified candidates, without regard to race, color, sex,
religion, or national origin,
(2) such persons are members in good standing of at lease one
State bar, or the District of Columbia bar, and members in good
standing of every other bar of which they are members,
(3) such persons possess, and have a reputation for, integrity
and good character,
(4) such persons are of sound physical and mental health,
(5) such persons possess and have demonstrated commitment to
equal justice under law,
(6) such persons possess and have demonstrated outstanding
legal ability and competence, as evidenced by substantial legal
experience, ability to deal with complex legal problems, aptitude
for legal scholarship and writing, and familiarity with courts and
court processes, and
(7) such persons demeanor, character, and personality indicate
that they would exhibit judicial temperament if appointed to the
position of United States bankruptcy judge.
SEC. 121. (a) Section 402 of the Act "11 USC note prec. 101"
entitled "An Act to establish a uniform Law on the Subject of
Bankruptcies" (Public Law 98-598) is amended in subsections (b) and (e)
by striking out "June 28, 1984" each place it appears and inserting in
lieu thereof "the date of enactment of the Bankruptcy Amendments and
Federal Judgeship Act of 1984".
(b) Section 404 of such Act is amended in subsections (a) and (b) "28
USC note prec. 151" by striking out "June 27, 1984" each place it
appears and inserting in lieu thereof "the day before the date of
enactment of the Bankruptcy Amendments and Federal Judgeship Act of
1984".
(c) Section 406 of such Act "28 USC note prec. 151" is amended by
striking out "June 27, 1984" each place it appears and inserting in lieu
thereof "the day before the day before the date of enactment of the
Bankruptcy Amendments and Federal Judgeship Act of 1984".
(d) Section 409 of such Act "28 USC note prec. 1471" is amended by --
(1) striking out "June 28, 1984" each place it appears and
inserting in lieu thereof "the day before the date of enactment of
the Bankruptcy Amendments and Federal Judgeship Act of 1984"; and
(2) striking out "June 27, 1984" each place it appears and
inserting in lieu thereof "the day before the date of enactment of
the Bankruptcy Amendments and Federal Judgeship Act of 1984". "28
USC note prec. 151"
(e) The term of office of any bankruptcy judge who was serving on
June 27, 1984, is extended to and shall expire at the end of the day of
enactment of this Act.
(f) Section 8339(n) of title 5, United States Code, is amended by
striking out "June 28, 1984" and inserting in lieu thereof "the date of
enactment of the Bankruptcy Amendments and Federal Judgeship Act of
1984".
(g) Section 8331(22) of title 5, United States Code, is amended by
striking out "June 27, 1984" and inserting in lieu thereof "the day
before the date of enactment of the Bankruptcy Amendments and Federal
Judgeship Act of 1984".
SEC. 122. (a) Except as otherwise provided in this section, this
title "28 USC 151 note" and the amendments made by this title shall take
effect on the date of the enactment of this Act.
(b) Section 1334(c)(2) of title 28, United States Code, and section
1411(a) of title 28, United States Code, as added by this Act, shall not
apply with respect to cases under title 11 of the United States Code
that are pending on the date of enactment of this Act, or to proceedings
arising in or related to such cases.
(c) Sections 108(b), 113, and 121(e) shall take effect on June 27,
1984.
SEC. 201. (a)(1) Subject to the provisions of paragraph (2), "28 USC
44 note" the President shall appoint, by and with the advice and consent
of the Senate, two additional circuit judges for the first circuit court
of appeals, two additional circuit judges for the second circuit court
of appeals, two additional circuit judges for the third circuit court of
appeals, one additional circuit judge for the fourth circuit court of
appeals, two additional circuit judges for the fifth circuit court of
appeals, two additional circuit judges for the sixth circuit court of
appeals, two additional circuit judges for the seventh circuit court of
appeals, one additional circuit judge for the eighth circuit court of
appeals, five additional circuit judges for the ninth circuit court of
appeals, two additional circuit judges for the tenth circuit court of
appeals, and one additional circuit judge for the District of Columbia
circuit court of appeals.
(2) The President shall appoint, by and with the advice and consent
of the Senate, no more than 11 of such judges prior to January 21, 1985.
(b) In order that the table contained in section 44(a) of title 28,
"28 USC 44" United States Code, will, with respect to each judicial
circuit, reflect the changes in the total number of permanent circuit
judgeships authorized as a result of subsection (a) of this section,
such table is amended to read as follows:
"Circuits Number of Judges
District of Columbia..........12
First......................... 6
Second........................13
Third.........................12
Fourth........................11
Fifth.........................16
Sixth.........................15
Seventh.......................11
Eighth........................10
Ninth.........................28
Tenth.........................10
Eleventh......................12
Federal.......................12.".
SEC. 202. (a) Subject to the provisions of subsection (c), "28 USC
133 note" the President shall appoint, by and with the advice and
consent of the Senate, one additional district judge for the southern
district of Alabama, one additional district judge for the district of
Alaska, five additional district judges for the central district of
California, one additional district judge for the district of Colorado,
one additional district judge for the district of Connecticut, one
additional district judge for the district of Delaware, three additional
district judges for the southern district of Florida, one additional
district judge for the middle district of Georgia, one additional
district judge for the district of Hawaii, four additional district
judges for the northern district of Illinois, one additional district
judge for the southern district of Illinois, one additional district
judge for the western district of Kentucky, one additional district
judge for the western district of Louisiana, one additional district
judge for the district of Maryland, one additional district judge for
the district of Massachusetts, two additional district judges for the
eastern district of Michigan, one additional district judge for the
district of Minnesota, one additional district judge for the northern
district of Mississippi, two additional district judges for the southern
district of Mississippi, one additional district judge for the eastern
district of Missouri, one additional district judge for the district of
Montana, one additional district judge for the district of Nevada, three
additional district judges for the district of New Jersey, one
additional district judge for the northern district of New York, two
additional district judges for the eastern district of New York, one
additional district judge for the southern district of Ohio, one
additional district judge for the western district of Oklahoma, one
additional district judge for the district of Rhode Island, one
additional district judge for the eastern district of Tennessee, one
additional district judge for the western district of Tennessee, one
additional district judge for the northern district of Texas, two
additional district judges for the eastern district of Texas, one
additional district judge for the western district of Texas, one
additional district judge for the district of Utah, one additional
district judge for the eastern district of Virginia, one additional
district judge for the eastern district of Washington, one additional
district judge for the western district of Washington, and one
additional district judge for the district of Wyoming.
(b) Subject to the provisions of subsection (c) "28 USC 133 note" the
President shall appoint, by and with the advice and consent of the
Senate, one additional district judge for the western district of
Arkansas, one additional district judge for the northern district of
Illinois, one additional district judge for the northern district of
Indiana, one additional district judge for the district of
Massachusetts, one additional district judge for the western district of
New York, one additional district judge for the eastern district of
North Carolina, one additional district judge for the northern district
of Ohio, and one additional district judge for the western district of
Washington. The first vacancy in each of the offices of district judge
authorized by this subsection, occurring five years or more after the
effective date of this Act, shall not be filled.
(c) For the judgeships created in subsections (a) and (b), "28 USC
133 note" the President shall appoint, by and with the advice and
consent of the Senate, no more than twenty-nine of such judges prior to
January 21, 1985.
(d) The existing district judgeship for the district of Minnesota and
"28 USC 133 note" the existing district judgeship for the northern
district of Ohio, heretofore authorized by section 2 of the Act of
October 20, 1978 (Public Law 98-486, 92 Stat. 1631), "28 USC 133 note"
shall, as of the effective date of this Act, be authorized under section
133 of title 28, United States Code, and the incumbents of those offices
shall henceforth hold their offices under section 133, as amended by
this Act.
(e) In order that the table contained in section 133 of title 28, "28
USC 133" United States Code, will, with respect to each judicial
district, reflect the changes in the total number of permanent district
judgeships authorized as a result of subsections (a) and (c) of this
section, such table is amended to read as follows:
"Districts Judges
Alabama:
Northern.......................... 7
Middle............................ 3
Southern.......................... 3
Alaska.................................. 3
Arizona................................. 8
Arkansas:
Eastern........................... 3
Western........................... 1
Eastern and Western............... 2
California:
Northern.......................... 12
Eastern........................... 6
Central........................... 22
Southern.......................... 7
Colorado................................ 7
Connecticut............................. 6
Delaware................................ 4
District of Columbia.................... 15
Florida:
Northern.......................... 3
Middle............................ 9
Southern.......................... 15
Georgia:
Northern.......................... 11
Middle............................ 3
Southern.......................... 3
Hawaii.................................. 3
Idaho................................... 2
Illinois:
Northern.......................... 20
Central........................... 3
Southern.......................... 3
Indiana:
Northern.......................... 4
Southern.......................... 5
Iowa:
Northern.......................... 1
Southern.......................... 2
Northern and Southern............. 1
Kansas.................................. 5
Kentucky:
Eastern........................... 4
Western........................... 4
Eastern and Western............... 1
Louisiana:
Eastern........................... 13
Middle............................ 2
Western........................... 6
Maine................................... 2
Maryland................................ 10
Massachusetts........................... 11
Michigan:
Eastern........................... 15
Western........................... 4
Minnesota............................... 7
Mississippi:
Northern.......................... 3
Southern.......................... 5
Missouri:
Eastern........................... 5
Western........................... 5
Eastern and Western............... 2
Montana................................. 3
Nebraska................................ 3
Nevada.................................. 4
New Hampshire........................... 2
New Jersey.............................. 14
New Mexico.............................. 4
New York:
Northern.......................... 4
Southern.......................... 27
Eastern........................... 12
Western........................... 3
North Carolina:
Eastern........................... 3
Middle............................ 3
Western........................... 3
North Dakota............................ 2
Ohio:
Northern.......................... 10
Southern.......................... 7
Oklahoma:
Northern.......................... 2
Eastern........................... 1
Western........................... 4
Northern, Eastern, and Western.... 2
Oregon.................................. 5
Pennsylvania:
Eastern........................... 19
Middle............................ 5
Western........................... 10
Puerto Rico............................. 7
Rhode Island............................ 3
South Carolina.......................... 8
South Dakota............................ 3
Tennessee:
Eastern........................... 4
Middle............................ 3
Western........................... 4
Texas:
Northern.......................... 10
Eastern........................... 6
Southern.......................... 13
Western........................... 7
Utah.................................... 4
Vermont................................. 2
Virginia:
Eastern........................... 9
Western........................... 4
Washington:
Eastern........................... 3
Western........................... 6
West Virginia:
Northern.......................... 2
Southern.......................... 4
Wisconsin:
Eastern........................... 4
Western........................... 2
Wyoming................................. 2.".
SEC. 203. (a) Section 131 of title 28, United States Code, is
amended in the second paragraph thereof by inserting "Jackson," after
"Lander,".
(b) Section 98(a) of title 28, United States Code, is amended by
inserting ", and Houma" after "New Orleans".
SEC. 204. (a) Section 371 of title 28, United States Code, is
amended to read as follows:
status
"(a) Any justice or judge of the United States appointed to hold
office during good behavior may retire from the office after attaining
the age and meeting the service requirements, whether continuous or
otherwise, of subsection (c) and shall, during the remainder of his
lifttime, receive an annuity equal to the salary he was receiving at the
time he retired.
"(b) Any justice or judge of the United States appointed to hold
office during good behavior may retain the office but retire from
regular active service after attaining the age and meeting the service
requirements, whether continuous or otherwise, of subsection (c) of this
section, and shall, during the remainder of his lifetime, continue to
receive the salary of the office.
"(c) The age and service requirements for retirement under this
section are as follows:
"Attained age: Years of service:
65 .................... 15
66 .................... 14
67 .................... 13
68 .................... 12
69 .................... 11
70 .................... 10
"(d) The President shall appoint, by and with the advice and consent
of the Senate, a successor to a justice or judge who retires under this
section.".
(b) The item relating to section 371 in the table of sections of
chapter 17 of title 28 is amended to read as follows:
"371. Retirement on salary; retirement in senior status.".
(c) The amendments made by this section "28 USC 371 note" shall apply
with respect to any justice or judge of the United States appointed to
hold office during good behavior who retires on or after the date of
enactment of this Act.
SEC. 205. Section 8701(a) of title 5, United States Code, is amended
by redesignating paragraphs (5) through (8) as paragraphs (6) through
(9), respectively, and by adding a new paragraph (5) as follows:
"(5) a justice or judge of the United States appointed to hold
office during good behavior (i) who is in regular active judicial
service, or (ii) who is retired from regular active service under
section 371(b) or 372(a) of title 28, United States Code, or (iii)
who has resigned the judicial office under section 371(a) of title
28 with the continued right during the remainder of his lifetime
to receive the salary of the office at the time of his
resignation;".
SEC. 206. Section 8714a(c) of title 5, United States Code, is
amended by adding a new paragraph (3) as follows:
"(3) Notwithstanding paragraph (c)(1) of this section, a justice or
judge of the United States as defined by section 8701(a)(5) of this
title who resigns his office without meeting the requirements of section
371(a) of title 28, United States Code, for continuation of the judicial
salary shall have the right to convert regular optional life insurance
coverage issued under this section during his judicial service to an
individual policy of life insurance under the same conditions approved
by the Office governing conversion of basic life insurance coverage for
employees eligible as provided in section 8706( a) of this title.".
SEC. 207. Section 8714b(c) of title 5, United States Code, is
amended by adding to paragraph (1) at the end thereof the following: "A
justice or judge of the United States as defined by section 8701(a)( 5)
of this title who resigns his office without meeting the requirements of
section 371(a) of title 28, United States Code, for continuation of the
judicial salary shall have the right to convert additional optional life
insurance coverage issued under this section during his judicial service
to an individual policy of life insurance under the same conditions
approved by the Office governing conversion of basic life insurance
coverage for employees eligible as provided in section 8706( a) of this
title.".
SEC. 208. (a) Section 8706 of title 5, United States Code, is
amended by adding at the end thereof the following new subsection:
"(f) Under regulations prescribed by the Office, each policy purchase
under this chapter shall provide that an insured Federal judge may make
an irrevocable assignment of the judge's incidents of ownership in the
policy.".
(b) The heading for section 8706 of title 5, United States Code, and
the item relating to section 8706 in the analysis for chapter 87 of such
title are each amended by inserting "; assignment of ownership" after
"insurance".
SEC. 209. (a) Except as provided in subsection (b), "5 USC 8706
note" the amendments made by this Act to section 8706 of title 5, United
States Code, shall apply to policies purchased by judges after the date
of enactment of this Act.
(b) If a company which issued a policy which is in effect on the date
of the enactment of this Act agrees, the amendments made by this Act
shall apply to such policy.
SEC. 210. Section 634(c) of title 28, United States Code, is amended
by striking out "subsection III" and inserting in lieu thereof
"subchapter III".
SEC. 211. "28 USC 44 note" It is the sense of the Congress that the
President, in selecting individuals for nomination to the Federal
judgeships created by this Act, shall give due consideration to
qualified individuals without regard to race, color, sex, religion, or
national origin.
SEC. 301. Section 109 of title 11, United States Code, is amended by
adding at the end thereof the following new subsection:
"(f) Notwithstanding any other provision of this section, no
individual may be a debtor under this title who has been a debtor in a
case pending under this title at any time in the preceding 180 days if
--
"(1) the case was dismissed by the court for willful failure of
the debtor to abide by orders of the court, or to appear before
the court in proper prosecution of the case; or
"(2) the debtor requested and obtained the voluntary dismissal
of the case following the filing of a request for relief from the
automatic stay provided by section 362 of this title.".
SEC. 302. Section 342 of title 11, United States Code, is amended --
(1) by inserting "(a)" before "There shall be given", and
(2) by adding at the end thereof the following new subsection:
"(b) Prior to the commencement of a case under this title by an
individual whose debts are primarily consumer debts, the clerk shall
give written notice to such individual that indicates each chapter of
this title under which such individual may proceed.".
SEC. 303. Section 349(a) of title 11, United States Code, is amended
by inserting before the period at the end thereof "; nor does the
dismissal of a case under this title prejudice the debtor with regard to
the filing of a subsequent petition under this title, except as provided
in section 109(f) of this title".
SEC. 304. Section 362 of title 11, United States Code, is amended by
adding at the end thereof the following new subsection:
"(h) An individual injured by any willful violation of a stay
provided by this section shall recover actual damages, including costs
and attorneys' fees, and, in appropriate circumstances, may recover
punitive damages.".
SEC. 305. Section 521 of title 11, United States Code, is amended --
(1) by redesignating paragraphs (2), (3), and (4) as paragraphs
(3), (4), and (5), respectively,
(2) in paragraph (1) by inserting "a schedule of current income
and current expenditures," after "liabilities,", and
(3) by inserting after paragraph (1) the following new
paragraph:
"(2) if an individual debtor's schedule of assets and
liabilities includes consumer debts which are secured by property
of the estate --
"(A) within thirty days after the date of the filing of a
petition under chapter 7 of this title "11 USC 701 et seq" or on
or before the date of the meeting of creditors, whichever is
earlier, or within such additional time as the court, for cause,
within such period fixes, the debotr shall file with the clerk a
statement of his intention with respect to the retention or
surrender of such property and, if applicable, specifying that
such property is claimed as exempt, that the debtor intends to
redeem such property, or that the debtor intends to reaffirm debts
secured by such property;
"(B) within forty-five days after the filing of a notice of
intent under this section, or within such additional time as the
court, for cause, within such forty-five day period fixes, the
debtor shall perform his intention with respect to such property,
as specified by subparagraph (A) of this paragraph; and
"(C) nothing in subparagraphs (A) and (B) of this paragraph
shall alter the debtor's or the trustee's rights with regard to
such property under this title;".
SEC. 306. (a) Section 522(b) of title 11, United States Code, is
amended by striking out "Notwithstanding" and all that follows through
"either -- " and inserting in lieu thereof the following:
"Notwithstanding section 541 of this title, an individual debtor may
exempt from property of the estate the property listed in either
paragraph (1) or, in the alternative, paragraph (2) of this subsection.
In joint cases filed under section 302 of this title and individual
cases filed under section 301 or 303 of this title by or against debtors
who are husband and wife, and whose estates are ordered to be jointly
administered under Rule 1015(b) of the Bankruptcy Rules, "11 USC app"
one debtor may not elect to exempt property listed in paragraph (1) and
the other debtor elect to exempt property listed in paragraph (2) of
this subsection. If the parties cannot agree on the alternative to be
elected, they shall be deemed to elect paragraph (1), where such
election is permitted under the law of the jurisdiction where the case
is filed. Such property is -- ".
(b) Section 522(d)(3) of title 11, United States Code, is amended by
inserting "or $4,000 in aggregate value" after "item".
(c) Section 522(d)(5) of title 11, United States Code, is amended to
read as follows:
"(5) The debtor's aggregate interest in any property, not to
exceed the value $400 plus up to $3,750 of any unused amount of
the exemption provided under paragraph (1) of this subsection.".
(d) Section 522(m) of title 11, United States Code, is amended to
read as follows:
"(m) Subject to the limitation in subsection (b), this section shall
apply separately with respect to each debtor in a joint case.".
SEC. 307. (a) Section 523(a)(2) of title 11, United States Code, is
amended --
(1) in subparagraph (A) by striking out "or" at the end
thereof,
(2) in subparagraph (B) by inserting "or" at the end thereof,
and
(3) by adding at the end thereof the following new
subparagraph:
"(C) for purposes of subparagraph (A) of this paragraph,
consumer debts owed to a single creditor and aggregating more than
$500 for 'luxury goods or services' incurred by an individual
debtor on or within forty days before the order for relief under
this title, or cash advances aggregating more than $1,000 that are
extensions of consumer credit under an open end credit plan
obtained by an individual debtor on or within twenty days before
the order for relief under this title, are presumed to be
nondischargeable; 'luxury goods or services' incurred by an
individual debtor on or within acquired for the support or
maintenance of the debtor or a dependent of the debtor; an
extension of consumer credit under an open end credit plan is to
be defined for the purposes of this subparagraph as it is defined
in the Consumer Credit Protection Act (15 U.S.C. 1601 et seq.);".
(b) Section 523(d) of title 11, United States Code, is amended to
read as follows:
"(d) If a creditor requests a determination of dischargeability of a
consumer debt under subsection (a)(2) of this section, and such debt is
discharged, the court shall grant judgment in favor of the debtor for
the costs of, and a reasonable attorney's fee for, the proceeding if the
court finds that the position of the creditor was not substantially
justified except that the court shall not award such costs and fees if
special circumstances would make the award unjust.".
SEC. 308. (a) Section 524(a)(2) of title 11, United States Code, is
amended by striking out "or from property of the debtor,".
(b) Section 524(c) of title 11, United States Code, is amended --
(1) by striking out paragraph (2),
(2) by redesignating paragraphs (3) and (4) as paragraphs (5)
and (6), respectively, and
(3) by inserting after paragraph (1) the following new
paragraphs:
"(2) such agreement contains a clear and conspicuous statement
which advises the debtor that the agreement may be rescinded at
any time prior to discharge or within sixty days after such
agreement is filed with the court, whichever occurs later, by
giving notice of rescission to the holder of such claim;
"(3) such agreement has been filed with the court and, if
applicable, accompanied by a declaration or an affidavit of the
attorney that represented the debtor during the course of
negotiating an agreement under this subsection, which states that
such agreement --
"(A) represents a fully informed and voluntary agreement by the
debtor; and
"(B) does not impose an undue hardship on the debtor or a
dependent of the debtor;
"(4) the debtor has not rescinded such agreement at any time
prior to discharge or within sixty days after such agreement is
filed with the court, whichever occurs later, by giving notice of
recission to the holder of such claim;" and
(4) by amending paragraph (6), as so redesignated, to read as
follows:
"(6)(A) in a case concerning an individual who was not
represented by an attorney during the course of negotiating an
agreement under this subsection, the court approves such agreement
as --
"(i) not imposing an undue hardship on the debtor or a
dependent of the debtor; and
"(ii) in the best interest of the debtor.
"(B) Subparagraph (A) shall not apply to the extent that such
debt is a consumer debt secured by real property.".
(c) Section 524(d)(2) of title 11, United States Code, is amended by
striking out "subsection (c)(4)" and inserting in lieu thereof
"subsection (c)(6)".
(d) Section 524 of title 11, United States Code, is amended by adding
at the end thereof the following new subsection:
"(f) Nothing contained in subsection (c) or (d) of this section
prevents a debtor from voluntarily repaying any debt.".
SEC. 309. Section 525 of title 11, United States Code, is amended --
(1) by inserting "(a)" before "Except",
(2) by inserting "the" before "Perishable", and
(3) by adding at the end thereof the following new subsection:
"(b) No private employer may terminate the employment of, or
discriminate with respect to employment against, an individual who is or
has been a debtor under this title, a debtor or bankrupt under the
Bankruptcy Act, "11 USC note prec. 101" or an individual associated with
such debtor or bankrupt, solely because such debtor or bankrupt --
"(1) is or has been a debtor under this title or a debtor or
bankrupt under the Bankruptcy Act;
"(2) has been insolvent before the commencement of a case under
this title or during the case but before the grant or denial of a
discharge; or
"(3) has not paid a debt that is dischargeable in a case under
this title or that was discharged under the Bankruptcy Act.".
SEC. 310. Section 547(c) of title 11, United States Code, is amended
--
(1) in paragraph (5) by striking out "or" at the end thereof,
(2) in paragraph (6) by striking out the period at the end
thereof and inserting in lieu thereof "; or", and
(3) by adding at the end thereof the following new paragraph:
"(7) if, in a case filed by an individual debtor whose debts
are primarily consumer debts, the aggregate value of all property
that constitutes or is affected by such transfer is less than
$600.".
Sec. 311. (a) Section 704 of title 11, United States Code, is
amended --
(1) by redesignating paragraphs (3), (4), (5), (6), (7), and
(8) as paragraphs (4), (5), (6), (7), (8), and (9), respectively,
and
(2) by inserting after paragraph (2) the following new
paragraph:
"(3) ensure that the debtor shall perform his intention as
specified in section 521(2)(B) of this title;".
(b)(1) Section 1106(a)(1) of title 11, United States Code, is amended
by striking out "704(4), 704(6), 704(7), and 704(8)" and inserting in
lieu thereof "704(5), 704(7), 704(8), and 704(9)".
(2) Section 1304(c) of title 11, United States Code, is amended by
striking out "section 704(7)" and inserting in lieu thereof "section
704(8)".
(3) Section 15103(f) of title 11, United States Code, is amended by
striking out "704(8)," and inserting in lieu thereof "704(9),".
(4) Section 15130(b)(1) of title 11, United States Code, "11 USC
151302" is amended by striking out "and 704(8)" and inserting in lieu
thereof ", 704(7), and 704(9)".
SEC. 312. Section 707 of title 11, United States Code, is amended --
(1) by inserting "(a)" before "The court may" and
(2) by adding at the end thereof the following new subsection:
"(b) After notice and a hearing, the court, on its own motion and not
at the request or suggestion of any party in interest, may dismiss a
case filed by an individual debtor under this chapter whose debts are
primarily consumer debts if it finds that the granting of relief would
be a substantial abuse of the provisions of this chapter. There shall
be a presumption in favor of granting the relief requested by the
debtor.".
SEC. 313. Section 1301 of title 11, United States Code, is amended
by adding at the end thereof the following new subsection:
"(d) Twenty days after the filing of a request under subsection (c)(
2) of this section for relief from the stay provided by subsection (a)
of this section, such stay is terminated with respect to the party in
interest making such request, unless the debtor or any individual that
is liable on such debt with the debtor files and serves upon such party
in interest a written objection to the taking of the proposed action.".
SEC. 314. Section 1302(b) of title 11, United States Code, is
amended --
(1) by amending paragraph (1) to read as follows:
"(1) perform the duties specified in sections 704(2), 704(3),
704(4), 704(5), 704(6), 704(7), and 704(9) of this title;";
(2) in paragraph (2) by striking out "and" at the end thereof,
(3) in paragraph (3) by striking out the period and inserting
in lieu thereof "; and", and
(4) by adding at the end thereof the following new paragraph:
"(4) ensure that the debtor commences making timely payments
under section 1326 of this title.".
SEC. 315. Section 1307(c) of title 11, United States Code, is
amended --
(1) by redesignating paragraphs (4), (5), (6), and (7) as
paragraphs (5), (6), (7), and (8), respectively, and
(2) by inserting after paragraph (3) the following new
paragraph:
"(4) failure to commence making timely payments under section
1326 of this title;".
SEC. 316. Section 1322(b)(1) of title 11, United States Code, is
amended to read as follows:
"(1) designate a class or classes of unsecured claims, as
provided in section 1122 of this title, but may not discriminate
unfairly against any class so designated; however, such plan may
treat claims for a consumer debt of the debtor if an individual is
liable on such consumer debt with the debtor differently than
other unsecured claims;".
SEC. 317. Section 1325 of title 11, United States Code, is amended
--
(1) in subsection (a) by striking out "The" and inserting in
lieu thereof "Except as provided in subsection (b), the",
(2) by redesignating subsection (b) as subsection (c), and
(3) by inserting after subsection (a) the following new
subsection:
"(b)(1) if the trustee or the holder of an allowed unsecured claim
objects to the confirmation of the plan, then the court may not approve
the plan unless, as of the effective date of the plan --
"(A) the value of the property to be distributed under the plan
on account of such claim is not less than the amount of such
claim; or
"(B) the plan provides that all of the debtor's projected
disposable income to be received in the three-year period
beginning on the date that the first payment is due under the plan
will be applied to make payments under the plan.
"(2) For purposes of this subsection, 'disposable income' means
income which is received by the debtor and which is not reasonably
necessary to be expended --
"(A) for the maintenance or support of the debtor or a
dependent of the debtor; or
"(B) if the debtor is engaged in business, for the payment of
expenditures necessary for the continuation, preservation, and
operation of such business.".
SEC. 318. (a) Section 1326 of title 11, United States Code, is
amended --
(1) by redesignating subsections (a) and (b) as subsections (b)
and (c), respectively; and
(2) by inserting before such subsections the following new
subsection:
"(a)(1) Unless the court orders otherwise, the debtor shall commence
making the payments proposed by a plan within 30 days after the plan is
filed.
"(2) A payment made under this subsection shall be retained by the
trustee until confirmation or denial of confirmation of a plan. If a
plan is confirmed, the trustee shall distribute any such payment in
accordance with the plan. If a plan is not confirmed, the trustee shall
return any such payments to the debtor, after deducting any unpaid claim
allowed under section 503(b) of this title.".
(b) Section 15103(f) of title 11, United States Code, is amended by
striking out "1326(a)," and inserting in lieu thereof "1326(b),".
SEC. 319. Section 1329(a) of title 11, United States Code, is
amended by striking out "At" and all that follows through "modified to
-- ", and inserting in lieu thereof the following: "At any time after
confirmation but before the completion of payments under a plan, the
plan may be modified, upon request of the debtor, the trustee, or the
holder of an allowed unsecured claim, to -- ".
SEC. 320. The Supreme Court shall prescribe general rules
implementing the practice and procedure to be followed under section
707(b) of title 11, United States Code. Section 2075 of title 28, "28
USC 2075 note" United States Code, shall apply with respect to the
general rules prescribed under this section.
SEC. 321. Rule 2002 of the Bankruptcy Rules "11 USC app" is amended
by adding at the end thereof the following new subdivision:
"(n) In a voluntary case commenced under the Code by an individual
debtor whose debts are primarily consumer debts, the clerk, or some
other person as the court may direct, shall give the trustee and all
creditors notice by mail of the order for relief not more than 20 days
after the entry of such order.".
SEC. 322. Official Bankruptcy Form No. 1, referred to in Rule 1002
of the Bankruptcy Rules, "11 USC app" is amended --
(1) by inserting after paragraph (5) the following:
"(6) (If petitioner is an individual whose debts are primarily
consumer debts.) Petition is aware that (he or she) may proceed
under chapter 7 or 13 of title 11, United States Code, "11 USC 701
et seq., 1301 et seq." understands the relief available under each
such chapter, and chooses to proceed under chapter 7 of such
title.
"(7) (If petitioner is an individual whose debts are primarily
consumer debts and such petitioner is represented by an attorney.)
A declaration or an affidavit in the form of Exhibit 'B' is
attached to and made a part of this petition.", and
(2) by inserting after Exhibit "A" at the end thereof the
following new exhibit.
"(If petitioner is an individual whose debts are primarily consumer
debts, this Exhibit 'B' shall be completed and attached to the
petitioner pursuant to paragraph (7) thereof.)
"FOR COURT USE ONLY
"Date Petition Filed
"Case Number
"Bankruptcy Judge
"I, . . . , the attorney for the petitioner named in the foregoing
petition, declare that I have informed the petitioner that (he or she)
may proceed under chapter 7 or 13 of title 11, United States Code, and
have explained the relief available under each such chapter.
"Executed on . . .
"Signature . . .
Attorney for Petitioner".
SEC. 323. Section 408(c) of the Act of November 6, 1978 "28 USC note
prec. 581" (Public Law 95-598; 92 Stat. 2687(c)), as amended by the Act
of November 28, 1983 "92 Stat. 2686" (Public Law 98-166; 97 Stat.
1071), is amended by striking out "September 30, 1984" and inserting in
lieu thereof "September 30, 1986".
SEC. 324. Section 1103(b) of title 11, United States Code, is
amended by striking out "A person" and inserting in lieu thereof "An
attorney or accountant".
SEC. 350. Section 507(a) of title 11, United States Code, is amended
--
(1) by striking out "(5) Fifth" and inserting in lieu thereof
"(6) Sixth"
(2) by striking out "(6) Sixth" and inserting in lieu thereof
"(7) Seventh"; and
(3) by adding after paragraph (4) the following:
"(5) Fifth, allowed unsecured claims of persons --
"(A) engaged in the production or raising of grain, as defined
in section 577(b)(1) of this title, against a debtor who owns or
operates a grain storage facility, as defined in section 557(b)(
2) of this title, for grain or the proceeds of grain, or
"(B) engaged as a United States fisherman against a debtor who
has acquired fish or fish produce from a fisherman through a sale
or conversion, and who is engaged in operating a fish produce
storage or processing facility -- but only to the extent of $2,000
for each such individual.".
SEC. 351. Section 546 of title 11, United States Code, is amended --
(1) in the first sentence of subsection (c) thereof, by
striking out "The" and inserting in lieu thereof "Except as
provided in subsection (d) of this section, the"; and
(2) by redesignating subsection (d) as subsection (e); and
(3) by inserting after subsection (c) the following:
"(d) In the case of a seller who is a producer of grain sold to a
grain storage facility, owned or operated by the debtor, in the ordinary
course of such seller's business (as such terms are defined in section
557 of this title) or in the case of a United States fisherman who has
caught fish sold to a fish processing facility owned or operated by the
debtor in the ordinary course of such fisherman's business, the rights
and powers of the trustee under sections 544(a), 545, 547, and 549 of
this title are subject to any statutory or common law right of such
producer or fisherman to reclaim such grain or fish if the debtor has
received such grain or fish while insolvent, but --
"(1) such producer or fisherman may not reclaim any grain or
fish unless such producer or fisherman demands, in writing,
reclamation of such grain or fish before ten days after receipt
thereof by the debtor; and
"(2) the court may deny reclamation to such a producer or
fisherman with a right of reclamation that has made such a demand
only if the court secures such claim by a lien.".
SEC. 352. (a) Chapter 5 of title 11, United States Code, is amended
by adding at the end thereof the following new section:
interests in, and abandonment or other disposition of
grain assets
"(a) This section applies only in a case concerning a debtor that
owns or operates a grain storage facility and only with respect to grain
and the proceeds of grain. This section does not affect the application
of any other section of this title to property other than grain and
proceeds of grain.
"(b) In this section --
"(1) 'grain' means wheat, corn, flaxseed, grain sorghum,
barley, oats, rye, soybeans, other dry edible beans, or rice;
"(2) 'grain storage facility' means a site or physical
structure regularly used to store grain for producers, or to store
grain acquired from producers for resale; and
"(3) 'producer' means an entity which engages in the growing of
grain.
"(c)(1) Notwithstanding sections 362, 363, 365, and 554 of this
title, on the court's own motion the court may, and on the request of
the trustee or an entity that claims an interest in grain or the
proceeds of grain the court shall, expedite the procedures for the
determination of interests in and the disposition of grain and the
proceeds of grain, by shortening to the greatest extent feasible such
time periods as are otherwise applicable for such procedures and by
establishing, by order, a timetable having a duration of not to exceed
120 days for the completion of the applicable procedure specified in
subsection (d) of this section. Such time periods and such timetable
may be modified by the court, for cause, in accordance with subsection
(f) of this section.
"(2) The court shall determine the extent to which such time periods
shall be shortened, based upon --
"(A) any need of an entity claiming an interest in such grain
or the proceeds of grain for a prompt determination of such
interest;
"(B) any need of such entity for a prompt disposition of such
grain;
"(C) the market for such grain;
"(D) the conditions under which such grain is stored;
"(E) the costs of continued storage or disposition of such
grain;
"(F) the orderly administration of the estate;
"(G) the appropriate opportunity for an entity to assert an
interest in such grain; and
"H) such other considerations as are relevant to the need to
expedite such procedures in the case.
"(d) The procedures that may be expedited under subsection (c) of
this section include --
"(1) the filing of and response to --
"(A) a claim of ownership;
"(B) a proof of claim;
"(C) a request for abandonment;
"(D) a request for relief from the stay of action against
property under section 362(a) of this title;
"(E) a request for determination of secured statue;
"(F) a request for determination of whether such grain or the
proceeds of grain --
"(i) is property of the estate;
"(ii) must be turned over to the estate; or
"(iii) may be used, sold, or leased; and
"(G) any other request for determination of an interest in such
grain or the proceeds of grain;
"(2) the disposition of such grain or the proceeds of grain,
before or after determination of interests in such grain or the
proceeds of grain, by way of --
"(A) sale of such grain;
"(B) abandonment;
"(C) distribution; or
"(D) such other method as is equitable in the case;
"(3) subject to sections 701, 702, 703, 1104, and 1302 of this
title, the appointment of a trustee or examiner and the retention
and compensation of any professional person required to assist
with respect to matters relevant to the determination of interests
in or disposition of such grain or the proceeds of grain; and
"(4) the determination of any dispute concerning a matter
specified in paragraph (1), (2), or (3) of this subsection.
"(e)(1) Any governmental unit that has regulatory jurisdiction over
the operation or liquidation of the debtor or the debtor's business
shall be given notice of any request made or order entered under
subsection (c) of this section.
"(2) Any such governmental unit may raise, and may appear and be
heard on, any issue relating to grain or the proceeds of grain in a case
in which a request is made, or an order is entered, under subsection (c)
of this section.
"(3) The trustee shall consult with such governmental unit before
taking any action relating to the disposition of grain in the
possession, custody, or control of the debtor or the estate.
"(f) The court may extend the period for final disposition of grain
or the proceeds of grain under this section beyond 120 days if the court
finds that --
"(1) the interests of justice so require in light of the
complexity of the case; and
"(2) the interests of those claimants entitled to distribution
of grain or the proceeds of grain will not be materially injured
by such additional delay.
"(g) Unless an order establishing an expedited procedure under
subsection (c) of this section, or determining any interest in or
approving any disposition of grain or the proceeds of grain, is stayed
pending appeal --
"(1) the reversal or modification of such order on appeal does
not affect the validity of any procedure, determination, or
disposition that occurs before such reversal or modification,
whether or not any entity knew of the pendency of the appeal; and
"(2) neither the court nor the trustee may delay, due to the
appeal of such order, any proceeding in the case in which such
order is issued.
"(h)(1) The trustee may recover from grain and the proceeds of grain
the reasonable and necessary costs and expenses allowable under section
503(b) of this title attributable to preserving or disposing of grain or
the proceeds of grain, but may not recover from such grain or the
proceeds of grain any other costs or expenses.
"(2) Notwithstanding section 326(a) of this title, the dollar amounts
of money specified in such section include the value, as of the date of
disposition, of any grain that the trustee distributes in kind.
"(i) In all cases where the quantity of a specific type of grain held
by a debtor operating a grain storage facility exceeds ten thousand
bushels, such grain shall be sold by the trustee and the assets thereof
distributed in accordance with the provisions of this section.".
(b) The table of sections of chapter 5 of title 11, United States
Code, is amended by adding at the end thereof the following new item:
"557. Expedited determination of interests in and disposition of
grain.".
SEC. 353. Section 901(a) of title 11, United States Code, is amended
by inserting "557," after "553,".
SEC. 354. Rule 3001 of the Bankruptcy Rules "11 USC app" is amended
by adding at the end thereof the following new subdivision:
"(g) To the extent not inconsistent with the United States Warehouse
Act "7 USC 241" or applicable State law, a warehouse receipt, scale
ticket, or similar document of the type routinely issued as evidence of
title by a grain storage facility, as defined in section 557 of title
11, shall constitute prima facie evidence of the validity and amount of
a claim of ownership of a quantity of grain.".
SEC. 361. This subtitle may be cited as the "Leasehold Management
Bankruptcy Amendments Act of 1983".
SEC. 362. (a) Section 365 of title 11, United States Code, "11 USC
365 note" is amended by amending subsections (a), (b), (c), and (d) to
read as follows:
"(a) Except as provided in sections 765 and 766 of this title and in
subsections (b), (c), and (d) of this section, the trustee, subject to
the court's approval, may assume or reject any executory contract or
unexpired lease of the debtor.
"(b)(1) If there has been a default in an executory contract or
unexpired lease of the debtor, the trustee may not assume such contract
or lease unless, at the time of assumption of such contract or lease,
the trustee --
"(A) cures, or provides adequate assurance that the trustee
will promptly cure, such default:
"(B) compensates, or provides adequate assurance that the
trustee will promptly compensate, a party other than the debtor to
such contract or lease, for any actual pecuniary loss to such
party resulting from such default; and
"(C) provides adequate assurance of future performance under
such contract or lease.
"(2) Paragraph (1) of this subsection does not apply to a default
that is a breach of a provision relating to --
"(A) the insolvency or financial condition of the debtor at any
time before the closing of the case;
"(B) the commencement of a case under this title; or
"(C) the appointment of or taking possession by a trustee in a
case under this title or a custodian before such commencement.
"(3) For the purposes of paragraph (1) of this subsection and
paragraph (2)(B) of subsection (f), adequate assurance of future
performance of a lease of real property in a shopping center includes
adequate assurance --
"(A) of the source of rent and other consideration due under
such lease, and in the case of an assignment, that the financial
condition and operating performance of the proposed assignee and
its guarantors, if any, shall be similar to the financial
condition and operating performance of the debtor and its
guarantors, if any, as of the time the debtor became the lessee
under the lease;
"(B) that any percentage rent due under such lease will not
decline substantially;
"(C) that assumption or assignment of such lease is subject to
all the provisions thereof, including (but not limited to)
provisions such as a radius, location, use, or exclusivity
provision, and will not breach any such provision contained in any
other lease, financing agreement, or master agreement relating to
such shopping center; and
"(D) that assumption or assignment of such lease will not
disrupt any tenant mix or balance in such shopping center.
"(4) Notwithstanding any other provision of this section, if there
has been a default in an unexpired lease of the debtor, other than a
default of a kind specified in paragraph (2) of this subsection, the
trustee may not require a lessor to provide services or supplies
incidental to such lease before assumption of such lease unless the
lessor is compensated under the terms of such lease for any services and
supplies provided under such lease before assumption of such lease.
"(c) The trustee may not assume or assign any executory contract or
unexpired lease of the debtor, whether or not such contract or lease
prohibits or restricts assignment of rights or delegation of duties, if
--
"(1)(A) applicable law excuses a party, other than the debtor,
to such contract or lease from accepting performance from or
rendering performance to an entity other than the debtor or the
debtor in possession or an assignee of such contract or lease,
whether or not such contract or lease prohibits or restricts
assignment of rights or delegation of duties; and
"(B) such party does not consent to such assumption or
assignment; or
"(2) such contract is a contract to make a loan, or extend
other debt financing or financial accommodations, to or for the
benefit of the debtor, or to issue a security of the debtor; of
"(3) such lease of nonresidential real property has been
terminated under applicable nonbankruptcy law prior to the order
for relief.
"(d)(1) In a case under chapter 7 of this title, "11 USC 701 et seq."
if the trustee does not assume or reject an executory contract or
unexpired lease of residential real property or of personal property of
the debtor within 60 days after the order for relief, ro within such
additional time as the court, for cause, within such 60-day period,
fixes, then such contract or lease is deemed rejected.
"(2) In a case under chapter 9, 11, or 13 of this title, "11 USC 901
et seq., 1101 et seq., 1301 et seq." the trustee may assume or reject an
executory contract or unexpired lease of residential real property or of
personal property of the debtor at any time before the confirmation of a
plan but the court, on the request of any party to such contract or
lease, may order the trustee to determine within a specified period of
time whether to assume or reject such contract or lease.
"(3) The trustee shall timely perform all the obligations of the
debtor, except those specified in section 365(b)(2), arising from and
after the order for relief under any unexpired lease of nonresidential
real property, until such lease is assumed or rejected, notwithstanding
section 503(b)(1) of this title. The court may extend, for cause, the
time for performance of any such obligation that arises within 60 days
after the date of the order for relief, but the time for performance
shall not be extended beyond such 60-day period. This subsection shall
not be deemed to affect the trustee's obligations under the provisions
of subsection (b) or (f) of this section. Acceptance of any such
performance does not constitute waiver or relinquishment of the lessor's
rights under such lease or under this title.
"(4) Notwithstanding paragraphs (1) and (2), in a case under any
chapter of this title, if the trustee does not assume or reject an
unexpired lease of nonresidential real property under which the debtor
is the lessee within 60 days after the date of the order for relief, or
within such additional time as the court, for cause, within such 60-day
period, fixes, then such lease is deemed rejected, and the trustee shall
immediately surrender such nonresidential real property to the lessor.".
(b) Section 365 is further amended by adding at the end thereof the
following new subsection:
"(l) If an unexpires lease under which the debtor is the lessee is
assigned pursuant to this section, the lessor of the property may
require a deposit or other security for the performance of the debtor's
obligations under the lease substantially the same as would have been
required by the landlord upon the initial leasing to a similar tenant.
"(m) For purposes of this section 365 and sections 541(b)(2) and
362(b)(9), leases of real property shall include any rental agreement to
use real property.".
SEC. 363. (a) Section 541(b) of title 11, United States Code, is
amended to read as follows:
"(b) Property of the estate does not include --
"(1) any power that the debtor may exercise solely for the
benefit of an entity other than the debtor; or
"(2) any interest of the debtor as a lessee under a lease of
nonresidential real property that has terminated at the expiration
of the stated term of such lease before the commencement of the
case under this title, and ceases to include any interest of the
debtor as a lessee under a lease of nonresidential real property
that has terminated at the expiration of the stated term of such
lease during the case.".
(b) Section 362(b) of title 11 of the United States Code is amended
by --
(1) striking out "or" at the end of paragraph (7),
(2) replacing the period after paragraph (8) with "; or", and
(3) adding the following after paragraph (8):
"(9) under subsection (a) of this section, of any act by a
lessor to the debtor under a lease of nonresidential real property
that has terminated by the expiration of the stated term of the
lease before the commencement of or during a case under this title
to obtain possession of such property.".
SEC. 371. Section 523(a) of title 11, United States Code, is amended
by --
(1) striking out "or" at the end of paragraph (8); and
(2) by adding the following new paragraph after such paragraph:
"(9) to any entity, to the extent that such debt arises from a
judgment or consent decree entered in a court of record against
the debtor wherein liability was incurred by such debtor as a
result of the debtor's operation of a motor vehicle while legally
intoxicated under the laws or regulations of any jurisdiction
within the United States or its territories wherein such motor
vehicle was operated and within which such liability was incurred;
or".
SEC. 381. This substitle may be cited as the "Referees Salary and
Expense Fund Act of 1984". "11 USC note prec. 101"
SEC. 382. Section 403(e) of the Act of November 6, 1978 (92 Stat.
2683; Public Law 95-598), "11 USC note prec. 101" is amended to read as
follows:
"(e) Notwithstanding subsection (a) of this section --
"(1) a fee may not be charged under section 40c(2)(a) of the
Bankruptcy Act in a case pending under such Act after September
30, 1979, to the extent that such fee exceeds $200,000;
"(2) a fee may not be charged under section 40c(2)(b) of the
Bankruptcy Act in a case in which the plan is confirmed after
September 30, 1978, or in which the final determination as to the
amount of such fee is made after September 30, 1979,
notwithstanding an earlier confirmation date, to the extent that
such fee exceeds $100,000;
"(3) after September 30, 1979, all moneys collected for payment
into the referees' salary and expense fund in cases filed under
the Bankrupty Act "11 USC note prec. 101" shall be collected and
paid into the general fund of the Treasury; and
"(4) any balance in the referees' salary and expense fund in
the Treasury on October 1, 1979, shall be transferred to the
general fund of the Treasury and the referees' salary and expense
fund account shall be closed.".
SEC. 391. Section 101 of title 11, United States Code, is amended --
(1) by redesignating paragraphs (35), (36), (37), (38), (39),
(40), and (41), as paragraphs (37), (38), (39), (40), (41), (42),
and (43), respectively, and
(2) by inserting after paragraph (34) the following new
paragraphs:
"(35) 'repo participant' means an entity that, on any day
during the period beginning 90 days before the date of the filing
of the petition, has an outstanding repurchase agreement with the
debtor;
"(36) 'repurchase agreement' (which definition also applies to
a reverse repurchase agreement) means an agreement, including
related terms, which provides for the transfer of certificates of
deposit, eligible bankers' acceptances, or securities that are
direct obligations of, or that are fully guaranteed as to
principal and interest by, the United States or any agency of the
United States against the transfer of funds by the transferee of
such certificates of deposit, eligible bankers' acceptances, or
securities with a simultaneous agreement by such transferee to
transfer to the transferor thereof certificates of deposit,
eligible bankers' acceptances, or securities as described above,
at a date certain not later than one year after such transfers or
on demand, against the transfer of funds;".
SEC. 392. Section 362(b) of title 11, United States Code, is amended
--
(a) by redesignating paragraphs (7) and (8) as paragraphs (8)
and (9), respectively, and
(b) by inserting after paragraph (6) the following new
paragraph:
"(7) under subsection (a) of this section, of the setoff by a
repo participant, of any mutual debt and claim under or in
connection with repurchase agreements 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, or settlement payment, as
defined in section 741(8) of this title, arising out of repurchase
agreements against cash, securities, or other property held by or
due from such repo participant to margin, guarantee, secure or
settle repurchase agreements;".
SEC. 393. Section 546 of title 11, United States Code, is amended by
inserting after subsection (e), as redesignated by section 251, the
following:
"(f) Notwithstanding sections 544, 545, 547, 548(a)(2), and 548(b) of
this title, 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 repo participant, in connection with a repurchase agreement and
that is made before the commencement of the case, except under section
548(a)(1) of this title.".
SEC. 394. Section 548(d)(2) of title 11, United States Code, is
amended --
(1) in subparagraph (A) by striking out "and" at the end
thereof;
(2) in subparagraph (B) by striking out the period at the end
thereof and inserting in lieu thereof "; and"; and by inserting
after paragraph (B) the following new subparagraph:
"(C) a repo participant that receives 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, in connection
with a repurchase agreement, takes for value to the extent of such
payment.".
SEC. 395. Section 553(b)(1) of title 11, United States Code, is
amended by inserting ", 362(b)(7)," after "362(b)(6)".
SEC. 396. (a) Chapter 5 of title 11, United States Code, is amended
by adding at the end thereof the following new section:
a repurchase agreement
"The exercise of a contractual right of a repo participant to cause
the liquidation of a repurchase agreement because of a condition of the
kind specified in section 365(e)(1) of this title 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, where the debtor is a stockbroker or
securities clearing agency, 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. In the event that a repo participant liquidated
one or more repurchase agreements with a debtor and under the terms of
one or more such agreements has agreed to deliver assets subject to
repurchase agreements to the debtor, any excess of the market prices
received on liquidation of such assets (or if any such assets are not
disposed of on the date of liquidation of such repurchase agreements, at
the prices available at the time of liquidation of such repurchase
agreements from a generally recognized source or the most recent closing
bid quotation from such a source) over the sum of the stated repurchase
prices and all expenses in connection with the liquidation of such
repurchase agreements shall be deemed property of the estate, subject to
the available rights of setoff. As used in this section, the term
'contractual right' includes a right set forth in a rule or bylaw,
applicable to each party to the repurchase agreement, of a national
securities exchange, a national securities association, or a securities
clearing agency, and a right, whether or not evidenced in writing,
arising under common law, under law merchant or by reason of normal
business practice.".
(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 item:
"559. Contractual right to liquidate a repurchase agreement.".
SEC. 401. Title 11, United States Code, section 101 is hereby
amended by --
(1) redesignating paragraph (43) as redesignated by section
391, as paragraph (44); and
(2) adding the following paragraph after paragraph (42), as
redesignated in section 391:
"(43) 'timeshare plan' means and shall include that interest
purchased in any arranagement, plan, scheme, or similar device,
but not including exchange programs, whether by membership,
agreement, tenancy in common, sale, lease, deed, rental agreement,
license, right to use agreement, or by any other means, whereby a
purchaser, in exchange for consideration, receives a right to use
accommodations, facilities, or recreational sites, whether
improved or unimproved, for a specific period of time less than a
full year during any given year, but not necessarily for
consecutive years, and which extends for a period of more than
three years. A 'timeshare interest' is that interest purchased in
a timeshare plan which grants the purchaser the right to use and
occupy accommodations, facilities, or recreational sites, whether
improved or unimproved, pursuant to a timeshare plan.".
SEC. 402. Section 365(h)(1) of title 11, United States Code, is
amended to read as follows:
"(h)(1) If the trustee rejects an unexpired lease of real property of
the debtor under which the debtor is the lessor, or a timeshare interest
under a timeshare plan under which the debtor is the timeshare interest
seller, the lessee or timeshare interest purchaser under such lease or
timeshare plan may treat such lease or timeshare plan as terminated by
such rejection, where the disaffirmance by the trustee amounts to such a
breach as would entitle the lessee or timeshare interest purchaser to
treat such lease as terminated by virtue of its own terms, applicable
nonbankruptcy law, or other agreements the lessee or timeshare interest
purchase has made with other parties; or, in the alternative, the
lessee or timeshare interest purchaser may remain in possession of the
leasehold or timeshare interest under any lease or timeshare plan the
term of which has commenced for the balance of such term and for any
renewal or extension of such term that is enforceable by such lessee or
timeshare interest purchaser under applicable nonbankruptcy law.".
SEC. 403. Section 365(h)(2) of title 11, United States Code, is
amended to read as follows:
"(2) If such lessee or timeshare interest purchaser remains in
possession as provided in paragraph (1) of this subsection, such lessee
or timeshare interest purchaser may offset against the rent reserved
under such lease or moneys due for such timeshare interest for the
balance of the term after the date of the rejection of such lease or
timeshare interest, and any such renewal or extension thereof, any
damages occurring after such date caused by the nonperformance of any
obligation of the debtor under such lease or timeshare plan after such
date, but such lessee or timeshare interest purchaser does not have any
rights against the estate on account of any damages arising after such
date from such rejection, other than such offset.".
SEC. 404. Section 365(i)(1) of title 11, United States Code, is
amended to read as follows:
"(i)(1) If the trustee rejects an executory contract of the debtor
for the sale of real property or for the sale of a timeshare interest
under a timeshare plan, under which the purchaser is in possession, such
purchaser may treat such contract as terminated, or, in the alternative,
may remain in possession of such real property or timeshare interest.".
SEC. 421. (a) Section 101(2)(D) of title 11 of the United States
Code is amended by striking out "or all" after "business".
(b) Section 101(8)(B) of title 11 of the United States Code is
amended by striking out the colon at the end thereof and inserting in
lieu thereof a semicolon.
(c) Section 101(9)(B) of title 11 of the United States Code is
amended by inserting "348(d)," after "section".
(d) Section 101(14) of title 11 of the United States Code is amended
by inserting "and" after "trust,".
(e) Section 101(24) of title 11 of the United States Code is amended
by striking out "stock broker" and inserting in lieu thereof
"stockbroker".
(f) Section 101(26)(B)(ii) of title 11 of the United States Code is
amended by --
(1) striking out "separate" each place it appears and inserting
in lieu thereof "nonpartnership"; and
(2) striking out "(A)(ii) and inserting in lieu thereof "(A)".
(g) Section 101(30) of title 11 of the United States Code is amended
to read as follows:
(30) "person" includes individual, partnership, and
corporation, but does not include governmental unit, Provided,
however, That any governmental unit that acquires an asset from a
person as a result of operation of a loan guarantee agreement, or
as receiver or liquidating agent of a person, will be considered a
person for purposes of section 1102 of this title.
(h) Section 101(38)(B)(vi) of title 11 of the United States Code, as
redesignated by section 391 of this Act, is amended by --
(1) striking out "certificate specified in clause (xii) of
subparagraph (A)" and inserting in lieu thereof "certificate of a
kind specified in subparagraph (A)(xii)"; and
(2) striking out "the subject of such a registration statement"
and inserting in lieu thereof "required to be the subject of a
registration statement".
(i) Section 101(44) of title 11 of the United States Code, as so
redesignated, is amended by striking out the period and inserting in
lieu thereof "and foreclosure of the debtor's equity of redemption;
and".
(j) Section 101 of title 11 of the United States Code is amended --
(1) by redesignating paragraphs (41) through (44), as
previously redesignated, as paragraphs (45) through (48);
(2) by redesignating paragraph (21) through (40), as paragraphs
(24) through (43), respectively;
(3) by redesignating paragraph (19) and (20) as paragraphs (20)
and (21), respectively;
(4) by inserting after paragraph (18) the following:
"(19) 'financial institution' means a person that is a
commercial or savings bank, industrial savings bank, savings and
loan association, or trust company and, when any such person is
acting as agent or custodian for a customer in connection with a
securities contract, as defined in section 741(7) of this title,
such customer,";
(5) by inserting after paragraph (21) as redesignated herein
the following:
"(22) 'forward contract' means a contract (other than a
commodity contract) for the purchase, sale or transfer of a
commodity, or product or byproduct thereof, with a maturity date
more than two days after the date the contract is entered into;
"(23) 'forward contract merchant' means a person whose business
consists in whole or in part of entering into forward contracts as
or with merchants in commodities;";
(6) by inserting after paragraph (43) the following:
"(44) 'State' includes the District of Columbia and Puerto
Rico, except for the purpose of defining who may be a debtor under
chapter 9 of this title;"; and "11 USC 901 et seq."
(7) by inserting after paragraph (48) the following:
"(49) 'United States', when used in a geographical sense,
includes all locations where the judicial jurisdiction of the
United States extends, including territories and possessions of
the United States;".
SEC. 422. Section 102 of title 11 of the United States Code is
amended by striking out "continued" and inserting in lieu thereof
"contained" in paragraph (8).
SEC. 423. Section 103(c) of title 11 of the United States Code is
amended by striking out "stockholder" and inserting in lieu thereof
"stockbroker".
SEC. 424. (a) Subsections (a)(1), (b)(1), and (c)(1) of section 108
of title 11 of the United States Code are each amended by striking out
"and" each place it appears and inserting in lieu thereof "or".
(b) Subsections (a), (b), and (c) of section 108 of title 11 of the
United States Code are each amended by inserting "nonbankruptcy" after
"applicable" and after "entered in a" each place such terms appear.
SEC. 425. (a) Section 109 of title 11 of the United States Code, is
amended by striking out "in the United States," the first place it
appears.
(b) Section 109(c)(5)(D) of title 11 of the United States Code of
this Act is amended by striking out "preference" and inserting in lieu
thereof "transfer that is avoidable under section 547 of this title".
(c) Section 109(d) of title 11 of the United States Code is amended
by striking out "stockholder" and inserting in lieu thereof
"stockbroker".
SEC. 426. (a) Section 303(b) of title 11 of the United States Code
is amended by inserting "against a person" after "involuntary case".
(b) Section 303 of title 11 of the United States Code, is amended --
(1) in subsection (b)(1) by inserting "or the subject on a bona
fide dispute," after "liability"; and
(2) in subsection (h)(1) by inserting "unless such debts that
are the subject of a bona fide dispute" after "due".
SEC. 427. Section 303(j)(2) of title 11 of the United States Code is
amended by striking out "debtors" and inserting in lieu thereof
"debtor".
SEC. 428. Section 321(b) of title 11 of the United States Code is
amended by striking out "a case" and inserting in lieu thereof "the
case".
SEC. 429. Section 322(b)(1) of title 11 of the United States Code is
amended by inserting "required to be" after "bond".
SEC. 430. (a) Section 326(a) of title 11 of the United States Code
is amended by striking out all the language beginning with "three
percent" through "$50,000" the second place the latter appears and
inserting in lieu thereof "and three percent on any amount in excess of
$3,000".
(b) Section 326(d) of title 11 of the United States Code is amended
to read as follows:
"(d) The court may deny allowance of compensation for services or
reimbursement of expenses of the trustee if the trustee failed to make
diligent inquiry into facts that would permit denial of allowance under
section 328(c) of this title or, with knowledge of such facts, employed
a professional person under section 327 of this title.".
(c) Section 327(c) of title 11 "11 USC 701 et seq., 1101 et seq." of
the United States Code is amended to read as follows:
"(c) In a case under chapter 7 or 11 of this title, a person is not
disqualified for employment under this section solely because of such
person's employment by or representation of a creditor, unless there is
objection by another creditor, in which case the court shall disapprove
such employment if there is an actual conflict of interest.".
SEC. 431. Section 328(a) of title 11 of the United States Code is
amended by striking out "unanticipatable" and inserting in lieu thereof
"not capable of being anticipated".
SEC. 432. (a) Section 329(a) of title 11 of the United States Code
is amended by strking out "and" the first place it appears and inserting
in lieu thereof "or".
(b) Section 329(b)(1) of title 11 of the United States Code is
amended by striking out "trustee" and inserting in lieu thereof
"estate".
SEC. 433. Section 330(a) of title 11 of the United States Code is
amended --
(1) by striking out "to any parties in interest and to the
United States trustee"; and
(2) in paragraph (1), by striking out "time, the nature, the
extent, and the value of such services" and inserting in lieu
thereof "nature, the extent, and the value of such services, the
time spent on such services".
SEC. 434. (a) Section 330(b) of title 11 of the United States Code
is amended by striking out "$20" and inserting in lieu thereof "$45".
(b) Section 330 of title 11 of the United States Code is amended by
adding at the end thereof the following new subsection:
"(c) Unless the court orders otherwise, in a case under chapter 13 of
this title "11 USC 1301 et seq." the compensation paid to the trustee
serving in the case shall not be less than $5 per month from any
distribution under the plan during the administration of the plan.".
SEC. 435. Section 342 of title 11 of the United States Code as
amended by section 302 is further amended by amending subsection (a) to
read as follows:
"(a) There shall be given such notice as is appropriate, including
notice to any holder of a community claim, of an order for relief in a
case under this title.".
SEC. 436. Section 343 of title 11 of the United States Code is
amended by striking out "examiner" the last place it appears and
inserting in lieu thereof "examine".
SEC. 437. Section 345 of title 11 of the United States Code is
amended by adding at the end thereof a new subsection (c) as follows:
"(c) An entity with which such moneys are deposited or invested is
authorized to deposit or invest such moneys as may be required under
this section.".
SEC. 438. Section 346(c)(2) of title 11 of the United States Code is
amended by striking out "operation" and inserting in lieu thereof
"corporation".
SEC. 439. Section 350(b) of title 11 of the United States Code is
amended by striking out "a" and inserting in lieu thereof "A".
SEC. 440. Section 361(1) of title 11 of the United States Code is
amended by inserting "a cash payment or" after "make".
SEC. 441. (a) Section 362(a) of title 11 of the United States Code
is amended --
(1) in paragraph (1), by inserting "action or" after "other";
and
(2) in paragraph (3), by inserting "or to exercise control over
property of the estate" after "estate" the second place it
appears.
(b) Section 362(b) of title 11 of the United States Code is amended
--
(1) in paragraph (3), by inserting "or to the extent that such
act is accomplished within the period provided under section 547(
e)(2)(A) of this title" after "title";
(2) in paragraph (6), by --
(A) inserting "or due from" after "held by"; and
(B) striking out "or secure commodity contracts" and inserting
in lieu thereof "secure, or settle commodity contracts", and by
inserting "financial institution," after "stockbroker" each time
it appears.
(3) in paragraph (8) as redesignated by section 392, by --
(A) striking out "said" and inserting in lieu thereof "the";
and
(B) striking out "or" the last place it appears;
(4) in paragraph (9) as redesignated by section 392, by
striking out the period and inserting in lieu thereof a semicolon;
and
(5) by adding after paragraph (9) the following new paragraph:
"(10) under subsection (a) of this section, of the presentment
of a negotiable instrument and the giving of notice of and
protesting dishonor of such an instrument.".
(c) Section 362(c)(2)(B) of title 11 of the United States Code is
amended by striking out "and" and inserting in lieu thereof "or".
(d) Section 362(d)(2) of title 11 of the United States Code is
amended by inserting "under subsection (a) of this section" after
"property" the first place it appears.
(e) Section 362(e) of title 11 of the United States Code is amended
--
(1) in the first sentence by inserting "the conclusion of"
after "pending"; and
(2) by striking out the last sentence and inserting in lieu
thereof the following: "The court shall order such stay continued
in effect pending the conclusion of a final hearing under
subsection (d) of this section if there is a resonable likelihood
that the party opposing relief from such stay will prevail at the
conclusion of such final hearing. If the hearing under this
subsection is a preliminary hearing, then such final hearing shall
be commenced not later than thirty days after the conclusion of
such preliminary hearing.".
(f) Section 362(f) of title 11 of the United States Code is amended
by --
(1) striking out "The" and inserting in lieu thereof "Upon
request of a party in interest, the"; and
(2) inserting "with or" after "court,".
SEC. 442. (a) Section 363(a) of title 11 of the United States Code
is amended by --
(1) inserting "whenever acquired" after "equivalents"; and
(2) inserting "and includes the proceeds, products, offspring,
rents, or profits of property subject to a security interest as
provided in section 552(b) of this title, whether existing before
or after the commencement of a case under this title" after
"interest".
(b) Section 363(b) of title 11 of the United States Code is amended
by --
(1) striking out "(b)" and inserting in lieu thereof "(b)(1)";
and
(2) adding at the end thereof the following new paragraph:
"(2) If notification is required under subsection (a) of section 7A
of the Clayton Act (15 U.S.C. 18a) in the case of a transaction under
this subsection, then --
"(A) notwithstanding subsection (a) of such section, such
notification shall be given by the trustee; and
"(B) notwithstanding subsection (b) of such section, the
required waiting period shall end on the tenth day after the date
of the receipt of such notification, unless the court, after
notice and hearing, orders otherwise.".
(c) Section 363(e) of title 11 of the United States Code is amended
by --
(1) inserting ", with or without a hearing," after "court";
and
(2) striking out the last sentence.
(d) Section 363(f)(3) of title 11 of the United States Code is
amended by striking out "such interest" the second place it appears and
inserting in lieu thereof "all liens on such property".
(e) Section 363(h) of title 11 of the United States Code is amended
by striking out "immediately before" and inseting in lieu thereof "at
the time of".
(f) Section 363(j) of title 11 of the United States Code is amended
by striking out "compenation" and inserting in lieu thereof
"compensation".
(g) Section 363(k) of title 11 of the United States Code is amended
by striking out "if the holder" and inserting in lieu thereof "unless
the court for cause orders otherwise the holder of such claim may bid at
such sale, and, if the holder".
(h) Section 363(l) of title 11 of the United States Code is amended
by --
(1) striking out "The trustee" and inserting in lieu thereof
"Subject to the provisions of section 365, the trustee";
(2) striking out "conditions" and inserting in lieu thereof
"condition";
(3) striking out "a taking" and inserting in lieu thereof "or
the taking"; and
(4) striking out "interests" and inserting in lieu thereof
"interest".
(i) Section 363(n) of title 11 of the United States Code is amended
by --
(1) striking out "void" and inserting in lieu thereof "avoid";
(2) striking out "voiding" and inserting in lieu thereof
"avoiding"; and
(3) amending the last sentence to read as follows: "In
addition to any recovery under the preceding sentence, the court
may grant judgment for punitive damages in favor of the estate and
against any such party that entered into such an agreement in
willful disregard of this subsection.".
(j) Section 363 of title 11 of the United States Code is amended by
adding at the end thereof the following new subsection:
"(o) In any hearing under this section --
"(1) the trustee has the burden of proof on the issue of
adequate protection; and
"(2) the entity asserting an interest in property has the
burden of proof on the issue of the validity, priority, or extent
of such interest.".
SEC. 443. Section 366(a) of title 11 of the United States Code is
amended by inserting "of the commencement of a case under this title or"
after "basis".
SEC. 444. Section 501(d) of title 11 of the United States Code is
amended by inserting "502(e)(2)," before "502(f)".
SEC. 445. (a) Section 502(a) of title 11 of the United States Code
is amended by inserting "general" before "partner".
(b) Section 502(b) of title 11 of the United States Code is amended
--
(1) by inserting "(e)(2)," after "subsections";
(2) by inserting "in lawful currency of the United States"
after "claim" the second place it appears;
(3) in paragraph (1), by striking out ", and unenforceable
against" and inserting in lieu thereof "and";
(4) by striking out paragraph (3) and redesignating paragraph
(4), (5), (6), (7), (8), and (9) as paragraphs (3), (4), (5), (6),
(7), and (8), respectively;
(5) in paragraph (3), as redesignated by paragraph (5), by
inserting "the" after "exceeds";
(6) in paragraph (5), as redesignated by paragraph (5), by --
(A) striking out "the claim" and inserting in lieu thereof
"such claim", and
(B) striking out the comma after "petition"; and
(7) in paragraph (7), as redesignated by paragraph (5), by --
(A) inserting "the claim of an employee" before "for damages";
(B) striking out "and" in subparagraph (A)(i) and inserting in
lieu thereof "or";
(C) striking out "the" the first place it appears in
subparagraph (B) and inserting in lieu thereof "any"; and
(D) inserting a comma after "such contract" in subparagraph
(B).
(c) Section 502(c) of title 11 of the United States Code is amended
--
(1) in paragraph (1) by --
(A) inserting "the" before "fixing"; and
(B) striking out "closing" and inserting in lieu thereof
"administration"; and
(2) in paragraph (2), by --
(A) inserting "right to payment arising from a" after "any";
and
(B) striking out "if such breach gives rise to a right to
payment".
(d) Section 502(e)(1) of title 11, United States Code, is amended --
(1) by striking out "and (b)" and inserting in lieu thereof ",
(b), and (c)"; and
(2) by striking out the commas before and after "or has
secured";
(3) in subparagraph (B), by inserting "or disallowance" after
"allowance"; and
(4) in subparagraph (C), by --
(A) striking out "requests subrogation" and inserting in lieu
thereof "asserts a right of subrogation to the rights of such
creditor"; and
(B) striking out "to the rights of such creditor".
(e) Section 502(h) of title 11 of the United States Code is amended
by striking out "522(i)" and inserting in lieu thereof "522".
(f) Section 502(j) of title 11 of the United States Code is amended
to read as follows:
"(j) A claim that has been allowed or disallowed may be reconsidered
for cause. A reconsidered claim may be allowed or disallowed according
to the equities of the case. Reconsideration of a claim under this
subsection does not affect the validity of any payment or transfer from
the estate made to a holder of an allowed claim on account of such
allowed claim that is not reconsidered, but if a reconsidered claim is
allowed and is of the same class as such holder's claim, such holder may
not receive any additional payment or transfer from the estate on
account of such holder's allowed claim until the holder of such
reconsidered and allowed claim receives payment on account of such claim
proportionate in value to that already received by such other holder.
This subsection does not alter or modify the trustee's right to recover
from a creditor any excess payment or transfer made to such creditor.".
SEC. 446. Section 503(b) of title 11 of the United States Code is
amended --
(1) by striking out the comma after "be allowed";
(2) in paragraph (1)(C), by striking out the comma after
"credit";
(3) in paragraph (2), by inserting "(a)" after "330";
(4) in paragraph (3), by inserting a comma after "paragraph (4)
of this subsection";
(5) in paragraph (3)(C), by striking out the comma after
"case";
(6) in paragraph (5), by striking out "and" after the
semicolon; and
(7) in paragraph (6), by striking out the period and inserting
in lieu thereof "; and".
SEC. 447. Section 505(a) of title 11 of the United States Code is
amended in paragraph (2)(B)(i), by striking out "and" and inserting in
lieu thereof "or".
SEC. 448. (a) Section 506(b) of title 11 of the United States Code
is amended by inserting "for" after "provided".
(b) Paragraph (1) and (2) of section 506(d) of title 11 of the United
States Code are amended to read as follows:
"(1) such claim was disallowed only under section 502(b)(5) or
502(e) of this title; or
"(2) such claim is not an allowed secured claim due only to the
failure of any entity to file a proof of such claim under section
501 of this title.".
SEC. 449. (a) Section 507(a) of title 11 of the United States Code
is amended --
(1) in paragraph (3), by inserting a comma after "severance";
(2) in paragraph (4), by striking out "employee benefit plans"
and inserting in lieu thereof "an employee benefit plan";
(3) in paragraph (4)(B)(i), by inserting "each" after "covered
by"; and
(4) in paragraph (7) as redesignated by section 350 by
inserting "only" after "units,".
(b) Section 507(c) of title 11 of the United States Code is amended
by striking out "shall be treated the same" and inserting in lieu
thereof "has the same priority".
SEC. 450. (a) Section 509(a) of title 11 of the United States Code
is amended by --
(1) striking out "subsection (b) and" and inserting in lieu
thereof "subsection (b) or"; and
(2) inserting "against the debtor" after "a creditor".
(b) Section 509(b)(1) of title 11 of the United States Code is
amended by striking out "of a" and inserting in lieu thereof "of such".
(c) Section 509(c) of title 11 of the United States Code is amended
by striking out "section 509 of this title" and inserting in lieu
thereof "this section".
SEC. 451. Section 510(b) of title 11 of the United States Code is
amended to read as follows:
"(b) For the purpose of distribution under this title, a claim
arising from rescission of a purchase or sale of a security of the
debtor or of an affiliate of the debtor, for damages arising from the
purchase or sale of such a security, or for reimbursement or
contribution allowed under section 502 on account of such a claim, shall
be subordinated to all claims or interests that are senior to or equal
the claim or interest represented by such security, except that if such
security is common stock, such claim has the same priority as common
stock.".
SEC. 452. Section 521(3) of title 11 of the United States Code, as
redesignated in section 305, is amended by inserting ", whether or not
immunity is granted under section 344 of this title" after "estate" the
second place it appears.
SEC. 453. (a) Section 522(a)(2) of title 11 of the United States
Code is amended by inserting "or, with respect to property that becomes
property of the estate after such date, as of the date such property
becomes property of the estate" after "petition".
(b) Section 522(c) of title 11 of the United States Code is amended
to read as follows:
"(c) Unless the case is dismissed, property exempted under this
section is not liable during or after the case for any debt of the
debtor that arose, or that is determined under section 502 of this title
as if such debt had arisen, before the commencement of the case, except
--
"(1) a debt of a kind specified in section 523(a)(1) or 523(
a)(5) of this title; or
"(2) a debt secured by a lien that is --
"(A)(i) not avoided under subsection (f) or (g) of this section
or under section 544, 545, 547, 548, 549, or 724(a) of this title;
and
"(ii) not void under section 506(d) of this title; or
"(B) a tax lien, notice of which is properly filed.".
(c) Section 522(e) of title 11 of the United States Code is amended
by striking out "exemptions" and inserting in lieu thereof "an
exemption".
SEC. 454. (a) Section 523(a) of title 11 of the United States Code
is amended --
(1) in paragraph (2), by --
(A) striking out "obtaining" each place it appears; and
(B) striking out "refinance of credit," and inserting in lieu
thereof "refinancing of credit, to the extent obtained"; and
(2) by striking out "of higher education" in paragraph (8).
(b) Section 523(a)(5) of title 11, United States Code, is amended by
--
(1) amending the first paragraph thereof by inserting the words
"or other order of a court of record" after the words "divorce
decree,"; and
(2) inserting ", or any such debt which has been assigned to
the Federal Government or to a State or any political subdivision
of such State" after "Social Security Act".
(c) Section 523(c) of title 11 of the United States Code is amended
by inserting "of a kind" after "debt" the first time it appears.
SEC. 455. Section 524(a) of title 11 of the United States Code is
amended by striking out "any act" each place it appears and inserting in
lieu thereof "an act".
SEC. 456. (a) Section 541(a) of title 11 of the United States Code
is amended --
(1) by striking out "under" the second time it appears;
(2) by inserting "and by whomever held" after "located";
(3) in paragraph (3), by inserting "329(b), 363(n)," after
"section";
(4) in paragraph (5), by striking out "An" and inserting in
lieu thereof "Any"; and
(5) in paragraph (6), by striking out "and" and inserting in
lieu thereof "or".
(b) Section 541(c) of title 11 of the United States Code is amended
--
(1) by inserting "in an agreement, transfer instrument, or
applicable nonbankruptcy law" after "provision"; and
(2) in paragraph (1)(B), by --
(A) striking out "the taking" and inserting in lieu thereof
"taking"; and
(B) inserting "before such commencement" after "custodian".
(c) Section 541(d) of title 11 of the United States Code is amended
by inserting "(1) or (2)" after "(a)".
(d) Section 541(e) of title 11 of the United States Code is repealed.
SEC. 457. Section 542(e) of title 11 of the United States Code is
amended by inserting "to turn over or" before "disclose".
SEC. 458. (a) Section 543(a) of title 11 of the United States Code
is amended by inserting ", product, offspring, rents, or profits" after
"proceeds".
(b) Section 543(b) of title 11 of the United States Code is amended
--
(1) in paragraph (1), by --
(A) inserting "held by or" after "debtor"; and
(B) inserting ", product, offspring, rents, or profits" after
"proceeds"; and
(2) in paragraph (2), by inserting ", product, offspring,
rents, or profits" after "proceeds".
(c) Section 543(c) of title 11 of the United States Code is amended
--
(1) in paragraph (1), by inserting "or proceeds, product,
offspring, rents, or profits of such property" after "property";
and
(2) in paragraph (3), by inserting "that has been" before
"approved".
(d) Section 543(d) of title 11 of the United States Code is amended
to read as follows:
"(d) After notice and hearing, the bankruptcy court --
"(1) may excuse compliance with subsection (a), (b), or (c) of
this section, if the interests of creditors and, if the debtor is
not insolvent, of equity security holders would be better served
by permitting a custodian to continue in possession, custody, or
control of such property, and
"(2) shall excuse compliance with subsections (a) and (b)(1) of
this section if the custodian is an assignee for the benefit of
the debtor's creditors that was appointed or took possession more
than 120 days before the date of the filing of the petition,
unless compliance with such subsections is necessary to prevent
fraud or injustice.".
SEC. 459. Section 544(a) of title 11 of the United States Code is
amended --
(1) in paragraph (1), by inserting "such" after "obtained";
(2) in paragraph (2), by striking out "; and" and inserting in
lieu thereof "; or"; and
(3) in paragraph (3), by --
(A) inserting ", other than fixtures," after "property"; and
(B) inserting "and has perfected such transfer" after
"purchaser" the second place it appears.
SEC. 460. Section 545 of title 11 of the United States Code is
amended --
(1) in paragraph (1)(A), by striking out "is" the first time it
appears;
(2) in paragraph (1)(C), by striking out "appointed" and
inserting in lieu thereof "appointed or authorized to take"; and
(3) in paragraph (2), by striking out "on the date of the
filing of the petition" each place it appears and inserting in
lieu thereof "at the time of the commencement of the case".
SEC. 461. (a) Section 546(a) of title 11 of the United States Code
is amended in paragraph (1) by striking out "and" and inserting in lieu
thereof "or".
(b) Section 546(b) of title 11 of the United States Code is amended
by striking out "the trustee under section 544, 545, or" and inserting
in lieu thereof "a trustee under sections 544, 545, and".
(c) Section 546(c) of title 11 of the United States Code is amended
--
(1) by striking out "the trustee" and inserting in lieu thereof
"a trustee";
(2) by striking out "right" the first place it appears;
(3) by inserting "of goods that has sold goods to the debtor"
after "seller" the first place it appears;
(4) by striking out "of goods to the debtor" after "business,";
and
(5) in paragraph (2), by --
(A) inserting "the" after "if"; and
(B) striking out "an administrative expense" and inserting in
lieu thereof "a claim of a kind specified in section 503(b) of
this title".
(d) Section 546(e) of title 11 of the United States Code, as
redesignated by section 351, is amended by inserting "financial
institution" after "stockbroker".
SEC. 462. (a) Section 547(a) of title 11 of the United States Code
is amended --
(1) in paragraph (2), by inserting "including proceeds of such
property," after "law,"; and
(2) in paragraph (4), by --
(A) striking out ", without penalty"; and
(B) inserting "without penalty" after "payable".
(b) Section 547(b) of title 11 of the United States Code is amended
--
(1) by striking out "of property of the debtor" and inserting
in lieu thereof "of an interest of the debtor in property"; and
(2) in paragraph (4) by amending subparagraph (B) to read as
follows:
"(B) between ninety days and one year before the date of the
filing of the petition, if such creditor at the time of such
transfer was an insider;".
(c) Section 547 of title 11 of the United States Code is amended in
subsection (c)(2) thereof by striking out subparagraph (B) of such
subsection, and by redesignating subparagraphs (C) and (D) thereof as
subparagraphs (B) and (C), respectively.
(d) Section 547(c) of title 11 of the United States Code is amended
--
(1) in paragraph (2)(A), by inserting "by the debtor" after
"incurred";
(2) in paragraph (3), by striking out "of" the first place it
appears and inserting in lieu thereof "that creates";
(3) in paragraph (3)(B), by --
(A) inserting "on or" after "perfected"; and
(B) striking out "such security interest attaches" and
inserting in lieu thereof "the debtor receives possession of such
property";
(4) in paragraph (5), by --
(A) striking out "of" the first place it appears and inserting
in lieu thereof "that creates"; and
(B) striking out "all security interest" and inserting in lieu
thereof "all security interests"; and
(5) in paragraph (5)(A)(ii), by striking out "and" and
inserting in lieu thereof "or".
(e) Section 547(d) of title 11 of the United States Code is amended
by --
(1) striking out "A" and inserting in lieu thereof "The";
(2) inserting "an interest in" after "transfer of";
(3) inserting "to or for the benefit of a surety" after
transferred"; and
(4) inserting "such" after "reimbursement of".
(f) Section 547(e) of title 11 of the United States Code is amended
in paragraph (2)(C)(i), by striking out "and" and inserting in lieu
thereof "or".
(g) Section 547 of title 11 of the United States Code is amended by
adding at the end thereof the following new subsection:
"(g) For the purposes of this section, the trustee has the burden of
proving the avoidability of a transfer under subsection (b) of this
section, and the creditor or party in interest against whom recovery or
avoidance is sought has the burden of proving the nonavoidability of a
transfer under subsection (c) of this section.".
SEC. 463. (a) Section 548(a) of title 11 of the United States Code
is amended --
(1) by striking out "if the debtor" and inserting in lieu
thereof "if the debtor voluntarily or involuntarily";
(2) in paragraph (1), by striking out "occurred" and inserting
in lieu thereof "was made"; and
(3) in paragraph (2)(B)(ii), by inserting "or a transaction"
after "engaged in business".
(b) Section 548(c) of title 11 of the United States Code is amended
by --
(1) inserting "or may retain" after "lien on"; and
(2) striking out ", may retain any lien transferred,".
(c)(1) Section 548(d)(1) of title 11 of the United States Code is
amended by --
(A) striking out "becomes so far" and inserting in lieu thereof
"is so";
(B) striking out "such transfer could have been" and inserting
in lieu thereof "applicable law permits such transfer to be"; and
(C) striking out "occurs" and inserting in lieu thereof "is
made".
(2) Section 548(d)(2)(B) of title 11 is amended by inserting
"financial institution," after "stockbroker".
SEC. 464. (a) Section 549(a) of title 11 of the United States Code
is amended --
(1) by striking out "(b) and (c)" and inserting in lieu thereof
"(b) or (c)"; and
(2) in paragraph (2)(A), by inserting "only" after
"authorized".
(3) striking out "that occurs" and inserting in lieu thereof
"made";
(4) striking out "is valid against the trustee to the extent
of" and inserting in lieu thereof "to the extent"; and
(5) inserting "is" before "given".
(c) Section 549(c) of title 11 of the United States Code is amended
to read as follows:
"(c) The trustee may not avoid under subsection (a) of this section a
transfer of real property to a good faith purchaser without knowledge of
the commencement of the case and for present fair equivalent value
unless a copy or notice of the petition was filed, where a transfer of
such real property may be recorded to perfect such transfer, before such
transfer is so perfected that a bona fide purchaser of such property,
against whom applicable law permits such transfer to be perfected, could
not acquire an interest that is superior to the interest of such good
faith purchaser. A good faith purchaser without knowledge of the
commencement of the case and for less than present fair equivalent value
has a lien on the property transferred to the extent of any present
value given, unless a copy or notice of the petition was so filed before
such transfer was so perfected.".
(d) Section 549(d)(1) of title 11 of the United States Code is
amended by striking out "and" and inserting in lieu thereof "or".
SEC 465. (a) Section 550(a) of title 11 of the United States Code is
amended by striking out "549, or 724(a) of this title" and inserting in
lieu thereof "549, 553(b), or 724(a) of this title".
(b) Section 550(d) of title 11 of the United States Code is amended
--
(1) in paragraph (1)(A), by inserting "or accruing to" after
"by";
(2) in paragraph (1)(B), by striking out "value" and inserting
in lieu thereof "the value of such property";
(3) in paragraph (2), by striking out subparagraphs (D) and (E)
and inserting in lieu thereof the following:
"(D) payment of any debt secured by a lien on such property
that is superior or equal to the rights of the trustee; and";
and
(4) in paragraph (2), by redesignating subparagraph (F) as
subparagraph (E).
(c) Section 550(e)(1) of title 11 of the United States Code is
amended by striking out "and" and inserting in lieu thereof "or".
SEC. 466. Section 552(b) of title 11 of the United States Code is
amended by --
(1) inserting "522," after "506(c),";
(2) striking out "a secured party enter" and inserting in lieu
thereof "an entity entered"; and
(3) striking out "except to the extent" and inserting in lieu
thereof "except to any extent".
SEC. 467. Section 553(b)(1) of title 11 of the United States Code is
amended by striking out "or 365(h)(1)" and inserting in lieu thereof ",
365(h)(2), or 365(i)(2)".
SEC. 468. (a) Subsections (a) and (b) of section 554 of title 11 of
the United States Code are each amended by inserting "and benefit" after
"value".
(b) Section 554(c) of title 11 of the United States Code is amended
to read as follows:
"(c) Unless the court orders otherwise, any property scheduled under
section 521(a)(1) of this title not otherwise administered at the time
of the closing of a case is abandoned to the debtor and administered for
purposes of section 350 of this title.".
(c) Section 554(d) of title 11 of the United States Code is amended
by striking out "section (a) or (b) of".
SEC. 469. Section 555 of title 11 of the United States Code is
amended by inserting ", financial institution," after "stockbroker".
SEC. 470. (a) Chapter 5 of title 11 of the United States Code as
amended by section 352 is amended by adding at the end thereof the
following new section:
"The estate shall have the benefit of any defense available to the
debtor as against any entity other than the estate, including statutes
of limitation, statutes of frauds, usury, and other personal defenses.
A waiver of any such defense by the debtor after the commencement of the
case does not bind the estate.".
(b) The table of sections for chapter 5 of title 11 of the United
States Code is amended by adding at the end thereof the following new
item:
"558. Defenses of the estate.".
SEC. 471. The table of sections for chapter 7 of title 11 of the
United States Code is amended by striking out "Succesor" in the item
relating to section 703 and inserting in lieu thereof "Successor".
SEC. 472. (a) Section 702(b) of title 11 of the United States Code
is amended by inserting "held" after "meeting of creditors".
(b) Section 702(c) of title 11 of the United States Code is amended
--
(1) in paragraph (1), by inserting "of a kind" after "claims";
and
(2) in paragraph (2), by inserting "a" after "for".
(c) Section 702(d) of title 11 of the United States Code is amended
by striking out "subsection (c) of".
SEC. 473. Section 703(b) of title 11 of the United States Code is
amended by striking out "specified in section 701(a) of this title.
Sections 701(b) and 701(c) of this title apply to such interim trustee"
and inserting in lieu thereof "and subject to the provisions of section
701 of this title".
SEC. 474. Section 704 of title 11 of the United States Code as
amended by section 311 is amended in paragraph (1), by striking out
"up".
SEC. 475. Paragraphs (1) and (2) of section 707 of title 11 of the
United States Code are each amended by striking out "and" and inserting
in lieu thereof "or".
SEC. 476. (a) Section 723(a) of title 11 of the United States Code
is amended by striking out all after "claims" and inserting in lieu
thereof "which are allowed in a case under this chapter concerning a
partnership and with respect to which a general partner of the
partnership is personally liable, the trustee shall have a claim against
such general partner for the full amount of the deficiency".
(b) Section 723(c) of title 11 of the United States Code is amended
by --
(1) striking out "such case" each place it appears and
inserting in lieu thereof "such partner's case";
(2) striking out "be property" and inserting in lieu thereof
"by property"; and
(3) striking out "the kind" and inserting in lieu thereof "a
kind".
SEC. 477. (a) Section 724(b) of title 11 of the United States Code
is amended --
(1) by striking out "taxes" and inserting in lieu thereof "a
tax";
(2) in paragraph (2), by --
(A) striking out "claims" and inserting in lieu thereof "any
holder of a claim of a kind";
(B) striking out "sections" and inserting in lieu thereof
"section"; and
(C) striking out "and" and inserting in lieu thereof "or";
and
(3) in paragraph (3), by inserting "tax" after "allowed".
(b) Section 724(c) of title 11 of the United States Code is amended
by --
(1) striking out "creditor" and inserting in lieu thereof
"holder of a claim"; and
(2) striking out "creditors" each place it appears and
inserting in lieu thereof "holders".
(c) Section 724(d) of title 11 of the United States Code is amended
by --
(1) striking out "whose priority" and inserting in lieu thereof
"the priority of which"; and
(2) inserting "if such lien were" after "the same as".
SEC. 478. Section 725 of title 11 of the United States Code is
amended by inserting "of property of the estate" after "distribution".
SEC. 479. (a) Section 726(b) of title 11 of the United States Code
is amended by --
(1) striking out "a particular paragraph" and inserting in lieu
thereof "each such particular paragraph"; and
(2) striking out "administrative expenses" each place it
appears and inserting in lieu thereof "a claim allowed under
section 503(b) of this title"; and
(3) striking out "have" and inserting in lieu thereof "has".
(b) Section 726(c) of title 11 of the United States Code is amended
--
(1) in paragraph (1), by striking out "Administrative expenses"
and inserting in lieu thereof "Claims allowed under section 503 of
this title"; and
(2) in paragraph (2), by striking out "Claims other than for
administrative expenses" and inserting in lieu thereof "Allowed
claims, other than claims allowed under section 503 of this
title,".
SEC. 480. (a) Section 727(a) of title 11 of the United States Code
is amended --
(1) in paragraph (6)(C), by striking out "property" and
inserting in lieu thereof "properly";
(2) in paragraph (7), by inserting ", under this title or under
the Bankruptcy Act," after "another case"; and
(3) in paragraph (8), by inserting a comma after "371".
(b) Section 727(c)(1) of title 11 of the United States Code is
amended by inserting "the granting of a" after "to".
(c) Section 727(e)(2)(A) of title 11 of the United States Code is
amended by striking out "and" and inserting in lieu thereof "or".
SEC. 481. (a) Section 728(c) of title 11 of the United States Code
is amended by striking out the comma after "taxable income".
(b) Section 728(d)(2) of title 11 of the United States Code is
amended by inserting "otherwise" after "is", and by striking out
"otherwise" after "partner".
SEC. 482. Section 741 of title 11 of the United States Code is
amended --
(1) in paragraph (2)(A), by --
(A) striking out "the debtor" the first time it appears and
inserting in lieu thereof "a person";
(B) striking out "holds" and inserting in lieu thereof "has";
(C) striking out "the debtor" the second and third time it
appears and inserting in lieu thereof "such person"; and
(D) striking out "business as a stockbroker" and inserting in
lieu thereof "such person's business as a stockbroker,";
(2) in paragraph (2)(B), by --
(A) striking out "holds" and inserting in lieu thereof "has";
(B) striking out "the debtor" the first place it appears and
inserting in lieu thereof "a person"; and
(C) by striking out "the debtor" and inserting in lieu thereof
"such person" in clause (ii);
(3) in paragraph (4)(A)(i), by striking out "and that is" and
inserting in lieu thereof "from and that is the lawful";
(4) in paragraph (6)(A)(i), by --
(A) inserting a comma after "petition"; and
(B) inserting "any" after "except"; and
(5) in paragraph (7), by amending such paragraph to read as
follows:
"(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, certificate of deposit, or group or index
of securities (including any interest therein or based on the
value thereof), or any option entered into on a national
securities exchange relating to foreign currencies, or the
guarantee of any settlement of cash or securities by or to a
securities clearing agency;"; and
(6) in paragraph (8) by inserting "a final settlement payment,"
after "settlement payment on account,".
SEC. 483. Section 745(a) of title 11 of the United States Code is
amended by inserting "the debtor for" after "by".
SEC. 484. (a) Section 752(a) of title 11 of the United States Code
is amended by --
(1) striking out "customers allowed" and in lieu thereof
"customers' allowed";
(2) inserting "of the kind" after "except claims"; and
(3) inserting "such" before "customer property".
(b) Section 752(b)(2) of title 11 of the United States Code is
amended by striking out "726(a)" and inserting in lieu thereof "726".
SEC. 485. Section 761 of title 11 of the United States Code is
amended in paragraph (10), by striking out "and that is" in subparagraph
(A)(viii) and inserting in lieu thereof "from and that is the lawful".
SEC. 486. Section 763(a) of title 11 of the United States Code is
amended by --
(1) inserting "the debtor for" after "by"; and
(2) striking out "deemed to be" and inserting in lieu thereof
"treated as".
SEC. 487. Section 764(a) of title 11 of the United States Code is
amended by inserting "by the debtor" after "any transfer".
SEC. 488. Section 765(a) of title 11 of the United States Code is
amended by striking out "notice under", and inserting in lieu thereof
"notice required by".
SEC. 489. Section 766(j)(2) of title 11 of the United States Code is
amended by striking out "726(a)" and inserting in lieu thereof "726".
SEC. 490. Section 901(a) of title 11 of the United States Code is
amended by inserting a comma after "1111(b)".
SEC. 491. Section 902(2) of title 11 of the United States Code is
amended by striking out "title, legal or equitable, to real property
against which has been levied a special assessment or special tax" and
by inserting in lieu thereof "legal or equitable title to real property
against which a special assessment or special tax has been levied".
SEC. 492. Section 903(2) of title 11 of the United States Code is
amended by striking out "to" the first place it appears.
SEC. 493. Chapter 9 of title 11 of the United States Code "11 USC
prec. 921" is amended by striking out "SUBCHAPER II" and inserting in
lieu thereof "SUBCHAPTER II".
SEC. 494. (a) Section 921(c) of title 11 of the United States Code
is amended by --
(1) striking out "an" and inserting in lieu thereof "any";
and
(2) striking out the comma after "petition" the second place it
appears, and after "faith".
(b) Section 921 of title 11 of the United States Code is amended by
redesignating subsections (e) and (f) as subsections (d) and (e),
respectively.
(c) Section 921(a) is amended by striking out "109(c)" and inserting
in lieu thereof "109(d)".
(d) Section 921(d) of title 11 of the United States Code, as so
redesignated, is amended by striking out "subsection (d)" and inserting
in lieu thereof "subsection (c)".
SEC. 495. Section 922(a)(1) of title 11 of the United States Code is
amended by --
(1) inserting "a" before "judicial"; and
(2) inserting "action or" before "proceeding".
SEC. 496. Section 927(b) of title 11 of the United States Code is
amended by inserting "of a plan under this chapter" after
"confirmation".
SEC. 497. Section 943(b) of title 11 of the United States Code is
amended --
(1) in paragraph (4), by striking out "to be taken"; and
(2) by amending paragraph (5) to read as follows:
"(5) except to the extent that the holder of a particular claim
has agreed to a different treatment of such claim, the plan
provides that on the effective date of the plan each holder of a
claim of a kind specified in section 507(a)(1) of this title will
receive on account of such claim cash equal to the allowed amount
of such claim; and".
SEC. 498. Section 945(a) of title 11 of the United States Code is
amended by striking out "execution" and inserting in lieu thereof
"implementation".
SEC. 499. Section 1102(b)(1) of title 11 of the United States Code
is amended by striking out "order for relief" and inserting in lieu
thereof "commencement of the case".
SEC. 500. (a) Section 1103(b) is amended by --
(1) inserting "having an adverse interest" after "entity";
and
(2) adding at the end thereof the following: "Representation
of one or more creditors of the same class as represented by the
committee shall not per se constitute the representation of an
adverse interest.".
(b) Section 1103(c) of title 11 of the United States Code is amended
--
(1) in paragraph (3), by --
(A) striking out "recommendations" and inserting in lieu
thereof "determinations"; and
(B) inserting "or rejections" after "acceptances"; and
(2) in paragraph (4), by striking out ", if a trustee or
examiner, as the case may be, has not previously been appointed
under this chapter in the case".
SEC. 501. Section 1105 of title 11 of the United States Code is
amended by striking out "estate, and" and inserting in lieu thereof
"estate and of the".
SEC. 502. Section 1106(b) of title 11 of the United States Code is
amended by inserting ", except to the extent that the court orders
otherwise," before "any other".
SEC. 503. Section 1107(a) of title 11 of the United States Code is
amended by inserting "serving in a case" after "on a trustee".
SEC. 504. Section 1108 of title 11 of the United States Code is
amended by inserting ", on request of a party in interest and after
notice and a hearing," after "court".
SEC. 505. (a) Section 1112(a) of title 11 of the United States Code
is amended --
(1) in paragraph (2), by striking out "is an involuntary case
originally commenced under this chapter" and inserting in lieu
thereof "originally was commenced as an involuntary case under
this chapter"; and
(2) in paragraph (3), by striking out "on other than" and
inserting in lieu thereof "other than on".
(b) Section 1112(b) of title 11 of the United States Code is amended
--
(1) in paragraph (5), by inserting "a request made for" before
"additional"; and
(2) in paragraph (8), by striking out "and" and inserting in
lieu thereof "or".
SEC. 506. (a) Section 1121(c)(3) of title 11 of the United States
Code is amended by striking out "the claims or interest of which are"
and inserting in lieu thereof "of claims or interests that is".
(b) Section 1121(d) of title 11 of the United States Code is amended
by inserting "made within the respective periods specified in subsection
(c) of this section" after "interest".
SEC. 507. (a) Section 1123(a) of title 11 of the United States Code
is amended --
(1) by striking out "A" and inserting in lieu thereof
"Notwithstanding any otherwise applicable nonbankruptcy law, a";
(2) in paragraph (1), by --
(A) inserting a comma after "classes of claims"; and
(B) by striking out "507(a)(6) of this title" and inserting in
lieu thereof "507(a)(7) of this title,";
(3) in paragraph (3), by striking out "shall";
(4) in paragraph (5), by striking out "execution" and inserting
in lieu thereof "implementation"; and
(5) in paragraph (5)(G), by inserting "of" after "waiving".
(b) Section 1123(b)(2) of title 11 of the United States Code is
amended by --
(1) striking out "or rejection" and inserting in lieu thereof
", rejection, or assignment"; and
(2) striking out "under section 365 of this title" and
inserting in lieu thereof "under such section".
SEC. 508. Section 1124 of title 11 of the United States Code is
amended --
(1) by amending paragraph (2)(A) to read as follows:
"(A) cures any such default that occurred before or after the
commencement of the case under this title, other than a default of
a kind specified in section 365(b)(2) of this title;"; and
(2) in paragraph (3)(B)(i), by striking out "and" and inserting
in lieu thereof "or".
SEC. 509. (a) Section 1125(a) of title 11 of the United States Code
is amended --
(1) in paragraph (1), by inserting ", but adequate information
need not include such information about any other possible or
proposed plan" after "plan";
(2) in paragraph (2)(B), by inserting "the" after "with"; and
(3) in paragraph (2)(C), by inserting "of" after "holders".
(b) Section 1125(d) of title 11 of the United States Code is amended
by --
(1) inserting "required under subsection (b) of this section"
after "statement" the first place it appears; and
(2) inserting ", or otherwise seek review of," after "appeal
from".
(c) Section 1125(e) of title 11 of the United States Code is amended
by --
(1) inserting "acceptance or rejection of a plan" after
"solicits"; and
(2) inserting "solicitation of acceptance or rejection of a
plan or" after "governing".
SEC. 510. (a) Section 1126(b)(2) of title 11 of the United States
Code is amended by striking out "1125(a)(1)" and inserting in lieu
thereof "1125(a)".
(b) Section 1126(d) of title 11 of the United States Code is amended
by inserting a comma after "such interests" the first place it appears.
(c) Section 1126(f) of title 11 of the United States Code is amended
by --
(1) striking out "is deemed" and inserting in lieu thereof ",
and each holder of a claim or interest of such class, are
conclusively presumed";
(2) striking out "solicititation" and inserting in lieu thereof
"solicitation"; and
(3) striking out "interest" and inserting in lieu thereof
"interests".
(d) Section 1126(g) of title 11 of the United States Code is amended
by striking out "any payment or compensation" and inserting in lieu
thereof "receive or retain any property".
SEC. 511. (a) Section 1127(a) of title 11 of the United States Code
is amended by --
(1) inserting "of a plan" after "After the proponent"; and
(2) inserting "of such plan" after "modification".
(b) Section 1127(b) of title 11 of the United States Code is amended
by striking out "the court, after notice and a hearing, confirms such
plan, as modified, under section 1129 of this title, and circumstances
warrant such modification" and inserting in lieu thereof "circumstances
warrant such modification and the court, after notice and a hearing,
confirms such plan as modified, under section 1129 of this title".
SEC. 512. (a) Section 1129(a) of title 11 of the United States Code
is amended --
(1) in paragraph (1), by striking out "chapter." and inserting
in lieu thereof "title.";
(2) in paragraph (2), by striking out "chapter." and inserting
in lieu thereof "title.";
(3) by amending paragraph (4) to read as follows:
"(4) Any payment made or to be made by the proponent, by the
debtor, or by a person issuing securities or acquiring property
under the plan, for services or for costs and expenses in or in
connection with the case, or in connection with the plan and
incident to the case, has been approved by, or is subject to the
approval of, the court as reasonable;";
(4) in paragraph (5)(A)(ii), by striking out the period and
inserting in lieu thereof "; and";
(5) in paragraph (5)(B), by striking out "The" and inserting in
lieu thereof "the";
(6) in paragraph (6), by inserting "governmental" after "Any";
(7) in paragraph (7), by --
(A) inserting "of each impaired class of claims or interests"
in lieu of "each class"; and
(B) striking out "creditor's" in subparagraph (B) and inserting
in lieu thereof "holder's";
(8) in paragraph (8), by inserting "of claims or interests"
after "each class"; and
(9) by amending paragraph (10) to read as follows:
"(10) If a class of claims is imparied under the plan, at least
one class of claims that is imparied under the plan has accepted
the plan, determined without including any acceptance of the plan
by any insider.".
(b) Section 1129(b) of title 11 of the United States Code is amended
--
(1) in paragraph (2)(A), by striking out "lien" each place it
appears and inserting in lieu thereof "liens";
(2) in paragraph (2)(B)(ii), by inserting "under the plan"
after "retain"; and
(3) in paragraph (2)(C)(i), by --
(A) striking out "claim" and inserting in lieu thereof
"interest"; and
(B) striking out "and the value" and inserting in lieu thereof
"or the value".
(c) Section 1129(d) of title 11 of the United States Code is amended
by --
(1) inserting "the application of" after "avoidance of" the
second place it appears; and
(2) adding at the end thereof the following new sentence: "In
any hearing under this subsection, the governmental unit has the
burden of proof on the issue of avoidance.".
SEC. 513. (a) Section 1141(a) of title 11 of the United States Code
is amended by striking out "any creditor or equity security holder of,
or general partner in," and inserting in lieu thereof "any creditor,
equity security holder, or general partner in".
(b) Section 1141(c) of title 11 of the United States Code is amended
to read as follows:
"(c) Except as provided in subsection (d)(2) and (d)(3) of this
section and except as otherwise provided in the plan or in the order
confirming the plan, after confirmation of a plan, the property dealt
with by the plan is free and clear of all claims and interests of
creditors, equity security holders, and of general partners in the
debtor.".
SEC. 514. (a) The heading for section 1142 of title 11 of the United
States Code is amended to read as follows:
(b) The item relating to section 1142 in the table of sections for
chapter 11 of title 11 of the United States Code is amended by striking
out "Execution" and inserting in lieu thereof "Implementation".
(c) Section 1142(a) of title 11 of the United States Code is amended
by striking out the comma after "plan" the second place it appears.
(d) Section 1142(b) of title 11 of the United States Code is amended
by inserting "a" after "by".
SEC. 515. Section 1144 of title 11 of the United States Code is
amended by inserting "if and only" after "revoke such order".
SEC. 516. (a) Section 1145(a) of title 11 of the United States Code
is amended --
(1) in paragraph (3)(B)(i), by inserting "or 15(d)" after "13"
and by inserting "or 78o(d)" after "78m";
(2) by amending paragraph (3)(B)(ii) to read as follows:
"(ii) in compliance with the disclosure and reporting provision
of such applicable section; and"; and
(3) in paragraph (4), by striking out "stockholder" each place
it appears and inserting in lieu thereof "stockbroker".
(b) Section 1145(b) of title 11 of the United States Code is amended
--
(1) in paragraph (1), by inserting "and except with respect to
ordinary trading transactions of an entity that is not an issuer"
after "subsection";
(2) in paragraph (1)(C), by striking out "for" and inserting in
lieu thereof "from";
(3) in paragraph (2)(A)(i), by striking out "combination" and
inserting in lieu thereof "or combining"; and
(4) in paragraph (2)(A)(ii), by striking out "among" and
inserting in lieu thereof "from or to".
(c) Section 1145(d) of title 11 of the United States Code is amended
by striking out "commercial".
SEC. 517. (a) Section 1145(c) of title 11 of the United States Code
is amended by striking out "State or local".
(b) Section 1146(d)(1) of title 11 of the United States Code is
amended by striking out "and" and inserting in lieu thereof "or".
SEC. 518. Section 1166 of title 11 of the United States Code is
amended by striking out "the Interstate Commerce Act (49 U.S.C. 1 et
seq.)" and inserting in lieu thereof "subtitle IV of title 49".
SEC. 519. Section 1168(b) of title 11 of the United States Code is
amended by inserting a comma after "approval".
SEC. 520. Section 1169(c) of title 11 of the United States Code is
amended by striking out "the Interstate Commerce Act (49 U.S.C. 1 et
seq.)" and inserting in lieu thereof "subtitle IV of title 49".
SEC. 521. (a) Section 1170(a) of title 11 of the United States Code
is amended by inserting "of all or a portion" after "the abandonment".
(b) Section 1170(c) of title 11 of the United States Code is amended
by inserting a comma after "abandonment".
(c) Section 1170(d)(2) of title 11 of the United States Code is
amended by --
(1) striking out "the abandonment of a railroad line" and
inserting in lieu thereof "such abandonment"; and
(2) striking out "termination" each place it appears and
inserting in lieu thereof "suspension".
SEC. 522. Section 1171(b) of title 11 of the United States Code is
amended by striking out "such" and inserting in lieu thereof "the same".
SEC. 523. Section 1173(a)(4) of title 11 of the United States Code
is amended by striking out "compatible" and inserting in lieu thereof
"consistent".
SEC. 524. Section 1301(c)(3) of title 11 of the United States Code
is amended by inserting "continuation of" after "by".
SEC. 525. (a) Section 1302(b) of title 11 of the United States Code
as amended by section 314 is amended by redesignating paragraphs (3) and
(4) as paragraphs (4) and (5), respectively and by inserting after
paragraph (2) the following new paragraph:
"(3) dispose of, under regulations issued by the Director of
the Administrative Office of the United States Courts, moneys
received or to be received in a case under chapter XIII of the
Bankruptcy Act; and".
(b) Section 1302(e) of title 11 of the United States Code is amended
--
(1) in paragraph (4), by striking out "fix" and inserting in
lieu thereof "set for such individual";
(2) in paragraph (1)(A), by striking out "for such individual";
and
(3) in paragraph (2)(A), by --
(A) striking out "of" and inserting in lieu thereof "received
by"; and
(B) striking out "upon all payments" and inserting in lieu
thereof "of all such payments made".
SEC. 526. Section 1304(b) of title 11 of the United States Code is
amended by striking out the comma after "of the debtor".
SEC. 527. (a) Section 1307(b) of title 11 of the United States Code
is ammended by inserting a comma after "time".
(b) Section 1307(c) of title 11 of the United States Code as amended
by section 315 is amended --
(1) in paragraph (5), as redesignated by inserting "a request
made for" before "additional";
(2) in paragraph (7), as redesignated by striking out "and"
after the semicolon and inserting in lieu thereof "or"; and
(3) in paragraph (8), as redesignated by inserting "other than
completion of payments under the plan" after "in the plan".
SEC. 528. (a) Section 1322(a)(2) of title 11 of the United States
Code is amended by inserting a comma after "payments".
(b) Section 1322(b) of title 11 of the United States Code is amended
--
(1) in paragraph (2), by inserting ", or leave unaffected the
rights of holders of any class of claims" before the semicolon;
(2) in paragraph (4), by inserting "other" after "claim or
any";
(3) in paragraph (7), by --
(A) inserting "subject to section 365 of this title," before
"provide";
(B) striking out "or rejection" and inserting in lieu thereof
", rejection, or assignment"; and
(C) striking out "under section 365 of this title" and
inserting in lieu thereof "under such section"; and
(4) in paragraph (8), by striking out "any".
SEC. 529. Section 1324 of title 11 of the United States Code is
amended by striking out "the" the second place it appears.
SEC. 530. Section 1325(a)(1) of title 11 of the United States Code
is amended by inserting "the" before "other".
SEC. 531. Section 1326(b)(2) of title 11 of the United States Code
as amended by section 318 is amended by inserting "of this title" after
"1302(d)".
SEC. 532. Section 1328(e) of title 11 of the United States Code is
amended --
(1) in paragraph (1), by inserting "by the debtor" after
"obtained"; and
(2) in paragraph (2), by striking out "knowledge of such fraud
came to the requesting party" and inserting in lieu thereof "the
requesting party did not know of such fraud until".
SEC. 533. Section 1329(a) of title 11 of the United States Code is
amended --
(1) by inserting "of the plan" after "confirmation";
(2) by striking out "a plan" and inserting in lieu thereof
"such plan"; and
(3) in paragraph (3), by striking out the comma.
SEC. 534. Section 151302(a) of title 11 of the United States Code is
amended by inserting ", or shall appoint a disinterested person to
serve," after "The United States trustee shall serve".
SEC. 541. (a) Title 11 of the United States Code is amended by
adding after section 1112 the following new section:
bargaining agreements
"(a) The debtor in possession, or the trustee if one has been
appointed under the provisions of this chapter, other than a trustee in
a case covered by subchapter IV of this chapter and by title I "11 USC
1161" of the Railway Labor Act, "45 USC 151" may assume or reject a
collective bargaining agreement only in accordance with the provisions
of this section.
"(b)(1) Subsequent to filing a petition and prior to filing an
application seeking rejection of a collective bargaining agreement, the
debtor in possession or trustee (hereinafter in this section 'trustee'
shall include a debtor in possession), shall --
"(A) make a proposal to the authorized representative of the
employees covered by such agreement, based on the most complete
and reliable information available at the time of such proposal,
which provides for those necessary modifications in the employees
benefits and protections that are necessary to permit the
reorganization of the debtor and assures that all creditors, the
debtor and all of the affected parties are treated fairly and
equitably; and
"(B) provide, subject to subsection (d)(3), the representative
of the employees with such relevant information as is necessary to
evaluate the proposal.
"(2) During the period beginning on the date of the making of a
proposal provided for in paragraph (1) and ending on the date of the
hearing provided for in subsection (d)(1), the trustee shall meet, at
reasonable times, with the authorized representative to confer in good
faith in attempting to reach mutually satisfactory modifications of such
agreement.
"(c) The court shall approve an application for rejection of a
collective bargaining agreement only if the court finds that --
"(1) the trustee has, prior to the hearing, made a proposal
that fulfills the requirements of subsection (b)(1);
"(2) the authorized representative of the employees has refused
to accept such proposal without good cause; and
"(3) the balance of the equities clearly favors rejection of
such agreement.
"(d)(1) Upon the filing of an application for rejection the court
shall schedule a hearing to be held not later than fourteen days after
the date of the filing of such application. All interested parties may
appear and be heard at such hearing. Adequate notice shall be provided
to such parties at least ten days before the date of such hearing. The
court may extend the time for the commencement of such hearing for a
period not exceeding seven days where the circumstances of the case, and
the interests of justice require such extension, or for additional
periods of time to which the trustee and representative agree.
"(2) The court shall rule on such application for rejection within
thirty days after the date of the commencement of the hearing. In the
interests of justice, the court may extend such time for ruling for such
additional period as the trustee and the employees' representative may
agree to. If the court does not rule on such application within thirty
days after the date of the commencement of the hearing, or within such
additional time as the trustee and the employees' representative may
agree to, the trustee may terminate or alter any provisions of the
collective bargaining agreement pending the ruling of the court on such
application.
"(3) The court may enter such protective orders, consistent with the
need of the authorized representative of the employee to evaluate the
trustee's proposal and the application for rejection, as may be
necessary to prevent disclosure of information provided to such
representative where such disclosure could compromise the position of
the debtor with respect to its competitors in the industry in which it
is engaged.
"(e) If during a period when the collective bargaining agreement
continues in effect, and if essential to the continuation of the
debtor's business, or in order to avoid irreparable damage to the
estate, the court, after notice and a hearing, may authorize the trustee
to implement interim changes in the terms, conditions, wages, benefits,
or work rules provided by a collective bargaining agreement. Any
hearing under this paragraph shall be scheduled in accordance with the
needs of the trustee. The implementation of such interim changes shall
not render the application for rejection moot.
"(f) No provision of this title shall be construed to permit a
trustee to unilaterally terminate or alter any provisions of a
collective bargaining agreement prior to compliance with the provisions
of this section.".
(b) The table of sections for chapter 11 of title 11, United States
Code, is amended by inserting after the item relating to section 1112
the following new item:
"1113. Rejection of collective bargaining agreements.".
(c) The amendments made by this section shall become effective upon
the date of enactment of this Act; provides that this section shall not
apply to cases filed under title 11 of the United States Code "11 USC
1113 note" which were commenced prior to the date of enactment of this
section.
SEC. 551. If any provision of this title or any amendment made by
this title, "11 USC 101 note" or the application thereof to any person
or circumstance is held invalid, the provisions of every other part, and
their application shall not be affected thereby.
SEC. 552. Notwithstanding the provisions of section 8331(22) of
title 5, United States Code, or any other provision of law, for purposes
of section 8339(n) of title 5, United States Code, any individual
appointed under section 34 of the Bankruptcy Act who served as a United
States bankruptcy judge for the district of Oregon or for the Central
district of California until March 31, 1984, shall receive an annuity
computed with respect to his service as a referee in bankruptcy and as a
bankruptcy judge, and his military service (not exceeding five years)
creditable under section 8332 of title 5, United States Code, by
multiplying 2 1/2 per centum of his average annual pay by the years of
that service.
SEC. 553. (a) Except as otherwise provided in this section the
amendments made by this title "11 USC 101 note" shall become effective
to cases filed 90 days after the date of enactment of this Act.
(b) The amendments made by section 426(b) shall become effective upon
the date of enactment of this Act.
(c) The amendments made by subtitle J, shall become effective as
provided in section 541(c).
Approved July 10, 1984.
LEGISLATIVE HISTORY -- H.R. 5174:
CONGRESSIONAL RECORD, Vol. 130 (1984): Mar. 21, considered and
passed House. May 21-24, June 4, 5, 19, considered and passed Senate,
amended. June 29, House and Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 20, No. 28 (1984):
July 10, Presidential statement.
PUBLIC LAW 98-352, 98 STAT. 329
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 "Small Business Secondary
Market Improvements Act of 1984'.
SEC. 2. Section 5 of the Small Business Act "15 USC 631' is amended
by adding at the end thereof the following new subsections:
"(f) (1) The guaranteed portion of any loan made pursuant to this Act
"15 USC 634' may be sold by the lender, and by any subsequent holder,
consistent with regulations on such sales as the Administration shall
establish, subject to the following limitations:
"(A) prior to the Administration's approval of the sale, or
upon any subsequent resale, of any loan guaranteed by the
Administration, if the lender certifies that such loan has been
properly closed and that the lender has substantially complied
with the provisions of the guarantee agreement and the regulations
of the Administration, the Administration shall review and approve
only materials not previously approved;
"(B) all fees due the Administration on a guaranteed loan shall
have been paid in full prior to any sale; and
"(C) each loan shall have been fully disbursed to the borrower
prior to any sale.
"(2) After a loan is sold in the secondary market, the lender shall
remain obligated under its guarantee agreement with the Administration,
and shall continue to service the loan in a manner consistent with the
terms and conditions of such agreement.
"(3) The Administration shall develop such procedures as are
necessary for the facilitation, administration, and promotion of
secondary market operations, and for assessing the increase of small
business access to capital at reasonable rates and terms as a result of
secondary market operations.
"(4) Nothing in this subsection or subsection (g) of this section
shall be interpreted to impede or extinguish the right of the borrower
or the successor in interest to such borrower to prepay (in whole or in
part) any loan made pursuant to section 7(a) of this "15 USC 636' Act,
the guaranteed portion of which may be included in such trust or pool,
or to impede or extinguish the rights of any party pursuant to section
5(e), 7(a)(6), or 7(a)(8). "15 USC 634, 636'
"(g) (1) The Administration is authorized to issue trust certificates
representing ownership of all or a fractional part of the guaranteed
portion of one or more loans which have been guaranteed by the
Administration under this Act, except those under section 7(a)(13) "15
USC 636': Provided, That such trust certificates shall be based on and
backed by a trust or pool approved by the Administration and composed
solely of the entire guaranteed portion of such loans.
"(2) The Administration is authorized, upon such terms and conditions
as are deemed appropriate, to guarantee the timely payment of the
principal of and interest on trust certificates issued by the
Administration or its agent for purposes of this subsection. Such
guarantee shall be limited to the extent of principal and interest on
the guaranteed portions of loans which compose the trust or pool. In
the event that a loan in such trust or pool is prepaid, either
voluntarily or in the event of default, the guarantee of timely payment
of principal and interest on the trust certificates shall be reduced in
proportion to the amount of principal and interest such prepaid loan
represents in the trust or pool. Interest on prepaid or defaulted loans
shall accrue and be guaranteed by the Administration only through the
date of payment on the guarantee. During the term of the trust
certificate, it may be called for redemption due to prepayment or
default of all loans constituting the pool.
"(3) The full faith and credit of the United States is pledged to the
payment of all amounts which may be required to be paid under any
guarantee of such trust certificates issued by the Administration or its
agent pursuant to this subsection.
"(4) The Administration shall not collect any fee for any guarantee
under this subsection: Provided, That nothing herein shall preclude any
agent of the Administration from collecting a fee approved by the
Administration for the functions described in subsection (h)(2).
"(5) (A) In the event the Administration pays a claim under a
guarantee issued under this subsection, it shall be subrogated fully to
the rights satisfied by such payment.
"(B) No State or local law, and no Federal law, shall preclude or
limit the exercise by the Administration of its ownership rights in the
portions of loans constituting the trust or pool against which the trust
certificates are issued.
"(h) Upon the adoption of final rules and regulations, the
Administration shall --
"(1) provide for a central registration of all loans and trust
certificates sold pursuant to subsections (f) and (g) of this
section. Such central registration shall include, with respect to
each sale, an identification of each lender who has sold the loan;
the interest rate paid by the borrower to the lender; the
lender's servicing fee; whether the loan is for a fixed rate or
variable rate; an identification of each purchaser of the loan or
trust certificate; the price paid by the purchaser for the loan
or trust certificate; the interest rate paid on the loan or trust
certificate; the fees of an agent for carrying out the functions
described in paragraph (2) below; and such other information as
the Administration deems appropriate;
"(2) contract with an agent to carry out on behalf of the
Administration the central registration functions of this section
and the issuance of trust certificates to facilitate pooling.
Such agent shall provide a fidelity bond or insurance in such
amounts as the Administration determines to be necessary to fully
protect the interest of the Government;
"(3) prior to any sale, require the seller to disclose to a
purchaser of the guaranteed portion of a loan guaranteed under
this Act and to the purchaser of a trust certificate issued
pursuant to subsection (g), information on the terms, conditions,
and yield of such instrument. As used in this paragraph, if the
instrument being sold is a loan, the term "seller' does not
include (A) an entity which made the loan or (B) any individual or
entity which sells three or fewer guaranteed loans per year; and
"(4) have the authority to regulate brokers and dealers in
guaranteed loans and trust certificates sold pursuant to
subsections (f) and (g) of this section.'.
SEC. 3. (a) Within ninety days after the date of enactment of this
Act, "15 USC 634' the Small Business Administration shall develop and
promulgate final rules and regulations to implement the central
registration provisions provided for in section 5(h)(1) of the Small
Business Act, and shall contract with an agent for an initial period of
not to exceed two years to carry out the functions provided for in
section 5(h)(2) of such Act.
(b) Within nine months after the date of enactment of this Act, the
Small Business Administration shall consult with representatives of
appropriate Federal and State agencies and officials, the securities
industry, financial institutions and lenders, and small business
persons, and shall develop and promulgate final rules and regulations to
implement this Act other than as provided for in subsection (a).
(c) The Small Business Administration shall not implement any of the
provisions under section 5(g) of the Small Business Act, as amended,
until final rules and regulations become effective.
SEC. 4. Section 10 of the Small Business Act "5 USC 639' is amended
by adding at the end thereof the following new subsection:
"(h) The Administration shall transmit, not later than March 31 of
each year, to the Committees on Small Business of the Senate and House
of Representatives a report on the secondary market operations during
the preceding calendar year. This report shall include, but not be
limited to, (1) the number and the total dollar amount of loans sold
into the secondary market and the distribution of such loans by size of
loan, size of lender, geographic location of lender, interest rate,
maturity, lender servicing fees, whether the rate is fixed or variable,
and premium paid; (2) the number and dollar amount of loans resold in
the secondary market with a distribution by size of loan, interest rate,
and premiums; (3) the number and total dollar amount of pools formed;
(4) the number and total dollar amount of loans in each pool; (5) the
dollar amount, interest rate, and terms on each loan in each pool and
whether the rate is fixed or variable; (6) the number, face value,
interest rate, and terms of the trust certificates issued for each pool;
(7) to the maximum extent possible, the use by the lender of the
proceeds of sales of loans in the secondary market for additional
lending to small business concerns; and (8) an analysis of the
information reported in (1) through (7) to assess small businesses'
access to capital at reasonable rates and terms as a result of secondary
market operations.'.
SEC. 5. Section 4(c)(1)(B) and section 4(c)(2)(B) of the Small
Business Act "15 USC 633' are each amended by inserting "5(g),'
immediately after the word "sections'.
SEC. 6. This Act "15 USC 634' does not authorize the appropriation of
any funds.
Approved July 10, 1984.
LEGISLATIVE HISTORY -- S. 2375 (H.R. 4773):
HOUSE REPORT No. 98-853 accompanying H.R. 4773 (Comm. on Small
Business).
CONGRESSIONAL RECORD, Vol. 130 (1984):
June 21, considered and passed Senate.
June 25, considered and passed House.
PUBLIC LAW 98-351, 98 STAT. 327
Whereas Africa is a continent in crisis torn by conflict, drought,
and starvation, the causes of which urgently need to be addressed;
Whereas these conditions have produced four million refugees seeking
relief in twenty-four countries across the continent;
Whereas these refugees are receiving some immediate assistance, but
need long-term solutions to their plight so they may attain
self-sufficiency and thereby regain their dignity;
Whereas Africa does not wish to lose its refugee sons and daughters
to foreign communities, but requires support to help its impoverished
nations whose development and fragile infrastructures have been burdened
enormously by the continued presence of massive refugee populations;
and
Whereas the Secretary General of the United Nations, in cooperation
with the Organization of African Unity and the United Nations High
Commissioner for Refugees, will convene an international conference,
ICARA II, in Geneva, July 9 through 11, 1984, to launch a coordinated
endeavor that will attempt to reach durable solutions to refugee
problems, and to obtain a renewed focus on refugee-related developmental
assistance: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That July 9, 1984, is
designated as "African Refugees Relief Day'. The President is requested
to issue a proclamation calling upon the people of the United States to
observe such day (1) by recognizing that the resolution of African
refugee problems is not only an act of simple humanity, but, because it
will enhance Africa's stability and progress, is in the national
interest, and (2) by increasing their contributions to private voluntary
agencies that provide emergency assistance to African refugees.
Approved July 9, 1984.
LEGISLATIVE HISTORY -- H.J. Res. 604:
CONGRESSIONAL RECORD, Vol. 130 (1984):
June 26, considered and passed House.
June 29, considered and passed Senate.
PUBLIC LAW 98-350, 98 STAT. 326
Whereas America's neighborhoods contain the ethnic, social, and
economic relationships which are fundamental to a strong and diverse
nation;
Whereas, when the physical structure of a neighborhood deteriorates,
its economic and social structures also deteriorate, causing great harm
to the homes, businesses, and residents of the neighborhood;
Whereas the reversal of such deterioration is essential to the
strength of America's families, neighborhoods, and businesses;
Whereas, throughout the United States, Neighborhood Housing Services
programs, which are partnerships of local residents, business leaders,
and government officials, are working to revitalize more than 200
neighborhoods;
Whereas Neighborhood Housing Services programs have generated over
two billion dollars in reinvestment funds to revitalize America's
neighborhoods; and
Whereas, to accomplish their aims, such programs utilize primarily
local and private resources and the assistance of hundreds of volunteers
who contribute countless hours of volunteer work: 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 on
October 7, 1984, is hereby designated as "National Neighborhood Housing
Services Week', and the President is authorized and requested to issue a
proclamation calling upon local and State jurisdictions, appropriate
Federal agencies, and the people of the United States to observe such
week with appropriate ceremonies and activities.
Approved July 9, 1984.
LEGISLATIVE HISTORY -- H.J. Res. 566:
CONGRESSIONAL RECORD, Vol. 130 (1984):
June 26, considered and passed House.
June 29, considered and passed Senate.
PUBLIC LAW 98-349, 98 STAT. 325
Whereas the Agricultural Trade Development and Assistance Act of 1954
(Public Law 480 "7 USC 1691') was signed into law by President
Eisenhower on July 10, 1954;
Whereas the Public Law 480 program (also known as the food for peace
program) has received strong and bipartisan support from every President
and Congress during the past thirty years as a versatile tool to use the
abundant agricultural productivity of the United States to combat hunger
and malnutrition abroad, expand export markets for United States
agricultural commodities, encourage economic development in developing
countries, and promote in other ways the foreign policy of the United
States;
Whereas over three hundred million tons of agricultural commodities
and products thereof valued at about $34,000,000,000 have been
distributed to more than one hundred and fifty countries under the
Public Law 480 program since its inception, substantially reducing world
hunger and improving nutritional standards;
Whereas the Public Law 480 program has served as an example to other
nations and encouraged them also to help meet food needs abroad by
making available agricultural surpluses or cash donations for such
purposes; and
Whereas the people of the United States remain dedicated to the high
goals and purposes of the Public Law 480 program and committed to
continuation of its important work: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That July 10, 1984, the
thirtieth anniversary of Public Law 480, is hereby proclaimed as "Food
for Peace Day', and the President is requested to issue a proclamation
calling upon the people of the United States and Federal and State
governmental agencies to commemorate Food for Peace Day with appropriate
ceremonies and activities.
Approved July 9, 1984.
LEGISLATIVE HISTORY -- S.J. Res. 306:
CONGRESSIONAL RECORD, Vol. 130 (1984):
June 15, considered and passed Senate.
June 29, considered and passed House.
PUBLIC LAW 98-348, 98 STAT. 323
Whereas legislation was enacted on June 27, 1884, to establish a
bureau to "collect information upon the subject of labor, its relation
to capital, the hours of labor, and the earnings of laboring men and
women, and the means of promoting their material, social, intellectual,
and moral prosperity';
Whereas the Bureau of Labor Statistics has completed a century of
service to government, business, labor, and the public by producing
indispensable data and special studies on prices, employment and
unemployment, productivity, wages and other compensation, economic
growth, industrial relations, and occupational safety and health;
Whereas many public programs and private transactions are dependent
today on the quality of such Bureau statistics as the unemployment rate
and the Consumer Price Index which play essential roles in the
allocation of Federal funds and the adjustment of pensions, welfare
payments, private contracts, and other payments to offset the impact of
inflation;
Whereas the Bureau pursues these responsibilities with absolute
integrity and has a reputation for being unfailingly responsive to the
need for new types of information and indexes of change;
Whereas the Bureau has earned an international reputation as a leader
in economic and social statistics;
Whereas the Bureau meets the public need for timely and accurate
information by publishing data in the most appropriate printed form,
including press releases, periodicals, bulletins, and special reports,
and by making data available through microfiche and new electronic
services;
Whereas the Bureau has pioneered in the development of computer
applications to data gathering and statistical analyses; and
Whereas the Bureau has established the highest standards of
professional competence and commitment: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That special recognition and
commendation be given on the one hundredth anniversary of the
establishment of the Bureau of Labor Statistics for the century of
exemplary service provided by the administrators and employees of the
Bureau in collecting and disseminating vital information to the Nation.
Approved July 9, 1984.
LEGISLATIVE HISTORY -- S.J. Res. 278:
CONGRESSIONAL RECORD, Vol. 130 (1984):
June 21, considered and passed Senate.
June 26, considered and passed House.
PUBLIC LAW 98-347, 98 STAT. 321
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 establish the Bon Secour National Wildlife Refuge', approved
June 9, 1980 (16 U.S.C. 668dd note), is amended --
(1) by amending section 2 by redesignating paragraphs (1), (2),
and (3) as paragraphs (2), (3), and (4), respectively, and by
inserting before paragraph (2) (as so redesignated) the following
new paragraph:
"(1) the term "additional selection area' means those lands and
waters in Baldwin County, Alabama, depicted on the map entitled
"Proposed Addition to the Bon Secour National Wildlife Refuge'
dated February 1984 and on file at the United States Fish and
Wildlife Service.'; and
(2) by amending section 3 --
(A) by amending that portion of such section that precedes
subsection (a)(2) to read as follows:
"SEC. 3. (a) SELECTION. -- (1) The Secretary shall --
"(A) within one year after the date of the enactment of this
Act, designate approximately ten thousand acres of land and water
within the selection area as land which the Secretary considers
appropriate for the refuge; and
"(B) within six months after the date of the enactment of the
1984 amendment to this subsection --
"(i) designate approximately two thousand acres of land and
water within the additional selection area as land which the
Secretary considers appropriate for the refuge, and
"(ii) publish in the Federal Register a detailed map depicting
the boundaries of the land designated under subparagraphs (A) and
(B)(i), which map shall be on file and available for public
inspection at the offices of the United States Fish and Wildlife
Service.';
(B) by amending subsection (a)(2) by striking out "designated
under paragraph (1)(B)' and inserting in lieu thereof "depicted
under paragraph (1)(B)(ii)'; and
(C) by amending subsection (b) by striking out "designated
under subsection (a)(1)(B)' and inserting in lieu thereof
"depicted under subsection (a)(1)(B)(ii)'.
SEC. 2. (a) Section 8(a) of the Act of September 2, 1937 (commonly
known as the Federal Aid in Wildlife Restoration Act, 16 U.S.C. 669g-1)
is amended --
(1) by inserting "the Governor of American Samoa,' immediately
after "the Governor of Guam,';
(2) by inserting "American Samoa,' immediately after "Puerto
Rico, Guam,' each place it appears therein; and
(3) by inserting "for American Samoa one-sixth of one per
centum,' immediately after "for Guam one-sixth of one per
centum,'.
(b) The amendments made by subsection (a) "16 USC 669g-1' shall take
effect October 1, 1984.
Approved July 9, 1984.
LEGISLATIVE HISTORY -- H.R. 4921:
HOUSE REPORT No. 98-703 (Comm. on Merchant Marine and Fisheries).
CONGRESSIONAL RECORD, Vol. 130 (1984):
Apr. 30, considered and passed House.
June 21, considered and passed Senate.
PUBLIC LAW 98-346, 98 STAT. 319
Whereas more than half of the children in the United States are in
families in which both parents are in the work force;
Whereas more than one in five children in the United States are in a
one-parent family;
Whereas changes in the composition of American families and the
American work force have resulted in an increased demand for child care
for children of all ages;
Whereas the demand for child care for school-age children has
increased at a greater rate than the availability of school-age child
care;
Whereas estimates show that millions of school-age children between
the ages of six and thirteen, often referred to as latchkey children,
may return alone after school to an empty house or in the supervision of
a slightly older brother or sister;
Whereas research studies have indicated that children in self and
sibling care run greater physical and psychological risks, including
accidents and feelings of fear and loneliness, than children who are
cared for by an adult;
Whereas the Congress has begun to examine the issue of child care and
the role of Federal and State government, the private sector, and
parents in providing child care;
Whereas the parents, communities, employers, and agencies serving
youth that have recognized the shortage of adequate and affordable
school-age child care have developed after school programs for children
in their communities; and
Whereas many more parents, communities, employers, and agencies
serving youth need to address the problems facing these children and to
maximize the use of State and Federal resources in collaboration with
these efforts: 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
September 2, 1984, is hereby designated as "National School-Age Child
Care Awareness Week' and the President is hereby authorized and
requested to issue a proclamation calling upon the people of the United
States to observe such week with appropriate programs and activities.
Approved July 9, 1984.
LEGISLATIVE HISTORY -- H.J. Res. 544:
CONGRESSIONAL RECORD, Vol. 130 (1984):
June 26, considered and passed House.
June 29, considered and passed Senate.
PUBLIC LAW 98-345, 98 STAT. 318
Whereas on July 20, 1969, the people of the World were brought closer
together by the first manned exploration of the Moon;
Whereas the purpose of the United States space program is the
peaceful exploration of space for the benefit of all mankind;
Whereas the United States space program has provided scientific and
technological benefits affecting many areas of concern to mankind;
Whereas the United States space program, through the Project Apollo,
Viking and Voyager Missions to the planets, the space shuttle and other
space efforts, has provided our Nation with scientific and technological
leadership in space;
Whereas the National Aeronautics and Space Administration, the United
States aerospace industry and educational institutions throughout the
Nation contribute much research and development to the United States
space program, and to the strength of the Nation's economy;
Whereas the space program reflects the technological skill of the
highest order and the best in the American character -- sacrifice,
ingenuity, and our unrelenting spirit of adventure;
Whereas the spirit that put man on the Moon may be applied to all
noble pursuits involving peace, brotherhood, courage, unity of the human
spirit and the exploration of new frontiers; and
Whereas the human race will continue to explore space for the benefit
of future generations: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That July 20, 1984, is hereby
designated as "Space Exploration Day', a nonpaid commemorative holiday.
The President is authorized and requested to issue a proclamation
calling upon the people of the United States to observe "Space
Exploration Day' with appropriate ceremonies and activities.
Approved July 9, 1984.
LEGISLATIVE HISTORY -- H.J. Res. 555:
CONGRESSIONAL RECORD, Vol. 130 (1984):
June 26, considered and passed House.
June 29, considered and passed Senate.
PUBLIC LAW 98-344, 98 STAT. 315
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That all right, title,
and interest of the United States in the lands described in section 2
(including all improvements thereon and appurtenances thereto) are
declared to be held in trust by the United States for the Pueblo de
Cochiti (hereinafter in this Act referred to as "the Pueblo'), subject
to the provisions of sections 3 and 7.
SEC. 2. The lands referred to in the first section are the lands --
(1) situated in the counties of Sandoval and Santa Fe in the
State of New Mexico,
(2) known as the Santa Cruz Spring tract,
(3) described on page 6 of the report of Milford T. Keene, Land
Surveyor, Southern Pueblos Agency, Bureau of Indian Affairs,
Albuquerque, New Mexico, dated February 26, 1981, and
(4) recorded in the files of the Bureau of Indian Affairs,
Southern Pueblos Agency.
SEC. 3. Nothing in this Act shall be construed to deprive any
individual or entity of any legal existing right-of-way, legal mining
claim, legal grazing permit, legal water right, or other legal right or
legal interest such individual or entity may have in the lands described
in section 2.
SEC. 4. Before the end of the one-year period beginning on the date
of enactment of this Act, the Secretary of the Interior (hereinafter in
this Act referred to as the "Secretary') shall --
(1) conduct a cadastral survey of the lands described in
section 2,
(2) make any correction in the description of such lands which
is necessary as a result of such survey, and
(3) publish any such correction in the Federal Register.
SEC. 5. The lands which are declared to be held in trust by the
Secretary pursuant to the first section shall be part of the Pueblo
Reservation and shall be subject to the laws and rules of law of the
United States relating to Indian lands. Such lands shall not be
developed for any use other than a use in existence on the date of
enactment of this Act.
SEC. 6. (a) Nonmembers of the Pueblo who, on the date of enactment of
this Act, are permittees of lands described in section 2 of this Act
shall be given the opportunity to renew their permits under rules and
regulations of the Secretary to the same extent and in the same manner
that such permits could have been renewed if this Act had not been
enacted, subject to the provisions of subsection (b) of this section.
(b) Permits renewed under subsection (a) of this section shall expire
upon the death of the permittee or within thirty years of the date of
enactment of this Act, whichever occurs later: Provided, That, if the
permittee dies within thirty years of the date of enactment of this Act,
his spouse or children may assume the permit for the balance of the
thirty-year period upon notice to the Pueblo and the Bureau of Indian
Affairs.
(c) If the Pueblo obtains the relinquishment of grazing permits in
the Caja del Rio allotment in the Santa Fe National Forest for that
number of animal unit months equal to the number of animal unit months
provided under permit by the United States Forest Service as of the date
of enactment of this Act within that portion of Caja del Rio allotment
which overlaps the Santa Cruz Spring tract, then the remaining
permittees in the Caja del Rio allotment shall have no further interest
in the Santa Cruz Spring tract and no further right to renew their
permits within said tract. The remaining permittees of the Caja del Rio
allotment shall suffer no diminution of their grazing rights within that
portion of the Caja del Rio allotment which does not overlap the Santa
Cruz Spring tract.
(d) After the date of enactment of this Act, the Secretary shall
deposit any and all fees paid by permittees under existing or renewed
permits for grazing animal unit months on the Santa Cruz Spring tract
into the Treasury of the United States to the credit of the Pueblo.
(e) The Pueblo may obtain the relinquishment of any or all of the
permits in the Santa Cruz Spring tract, or as provided in subsection (c)
of this section, in the Caja del Rio allotment under such terms and
conditions as may be mutually agreeable. In consideration of such
relinquishments, the Pueblo is authorized to grant leases, permits, or
licenses for agricultural or grazing purposes to existing permittees in
lands presently part of the Pueblo Reservation or added thereto pursuant
to section 5 of this Act, subject to the approval of the Secretary for
terms not to exceed fifty years. The Secretary is authorized to
disburse from tribal funds in the Treasury of the United States to the
credit of the Pueblo so much thereof as may be necessary to pay for such
relinquishments and for the purchase of any rights or improvements on
said lands owned by nonmembers of the Pueblo. The authority to pay for
relinquishment of a permit pursuant to this subsection shall not be
regarded as a recognition of any property right of the permittee in the
land or its resources.
SEC. 7. Until such time as the Cochiti Lake Project is deauthorized
by the Congress, the Secretary shall give full recognition to all
interests in lands acquired by the Department of the Army through fee
acquisition and under Memorandums of Agreement with the Departments of
Agriculture, Interior, and Energy, the University of New Mexico, and the
Pueblo de Cochiti, for the operation and maintenance of Cochiti Lake on
a portion of the lands herein declared in trust.
SEC. 8. The Secretary shall recognize and grant necessary easements
for access on lands described in section 2 of this Act for the following
purposes:
(1) Access to recreational sites maintained by the United
States.
(2) Access to parcels of land owned by private parties.
(3) Access to lands subject to valid permits as necessary to
allow the permittees to exercise rights granted in such permits.
The fees charged for any valid utility right-of-way or easement shall
not be greater than the current Federal rate for such an easement.
SEC. 9. The water rights appurtenant to the lands described in
section 2 shall be those water rights existing under State law on the
date of enactment of this Act. Nothing in this Act shall be construed
to create or convey any water rights other than those existing under
State law on the date of enactment of this Act.
Approved July 9, 1984.
LEGISLATIVE HISTORY -- S. 2403 (H.R. 3259):
HOUSE REPORT No. 98-421 accompanying H.R. 3259 (Comm. on Interior and
Insular Affairs).
SENATE REPORT No. 98-409 (Select Comm. on Indian Affairs).
CONGRESSIONAL RECORD:
Vol. 129 (1983): Nov. 7, 1983, H.R. 3259 considered and passed
House.
Vol. 130 (1984): May 10, S. 2403 considered and passed Senate.
June 21, considered and passed House.
PUBLIC LAW 98-343, 98 STAT. 314
Whereas the week of November 19 has been privately commemorated as
National Adoption Week for the past nine years;
Whereas we in Congress recognize the essential value of belonging to
a secure, loving, permanent family as every child's basic right;
Whereas approximately one hundred thousand children who have special
needs -- school age, in sibling groups, members of minorities or
children with physical, mental and emotional handicaps -- are now in
foster care or institutions financed at public expense and are legally
free for adoption;
Whereas the adoption by capable parents of these institutionalized or
foster care children into permanent, adoptive homes would insure the
opportunity for their continued happiness and long-range well-being;
Whereas public and private barriers inhibiting the placement of these
special needs children must be reviewed and removed where possible to
assure these children's adoption;
Whereas the public and prospective parents must be informed of the
availability of adoptable children;
Whereas a variety of media, agencies, adoptive parent and advocacy
groups, civic and church groups, businesses and industries will feature
publicity and information to heighten community awareness of the crucial
needs of waiting children; and
Whereas the recognition of Thanksgiving week as National Adoption
Week is in the best interest of adoptable children and the public in
general: 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 19
through November 25, 1984, hereby is designated "National Adoption
Week', 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 9, 1984.
LEGISLATIVE HISTORY -- S.J. Res. 238:
CONGRESSIONAL RECORD, Vol. 130 (1984):
Feb. 27, considered and passed Senate.
June 26, considered and passed House.
PUBLIC LAW 98-342, 98 STAT. 313
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. INCREASE IN PUBLIC DEBT LIMIT.
(a) GENERAL RULE. -- Subsection (b) of section 3101 of title 31,
United States Code, is amended by striking out "may not be more' and all
that follows down through "outstanding at one time' and insert in lieu
thereof "may not be more than $1,573,000,000,000 outstanding at one
time'.
(b) TECHNICAL AMENDMENT. -- Effective on and after the date of the
enactment of this Act, section 1 of Public Law 98-302 "31 USC 3101' is
hereby repealed.
Approved July 6, 1984.
LEGISLATIVE HISTORY -- H.R. 5953:
HOUSE REPORT: No. 98-878 (Comm. on Ways and Means).
CONGRESSIONAL RECORD, Vol. 130 (1984):
June 29, considered and passed House and Senate.
PUBLIC LAW 98-341, 98 STAT. 311
Whereas on March 16, 1934, Congress enacted the Migratory Bird
Hunting Stamp Act "48 Stat. 451' authorizing the sale of Migratory Bird
Hunting and Conservation Stamps, commonly referred to as duck stamps;
Whereas under that Act any person sixteen years of age or older, who
hunts ducks, geese, swans, or brant is required to carry a current duck
stamp, and duck stamps may also be purchased by nonhunters interested in
conservation;
Whereas the funds generated from the sale of duck stamps under that
Act are placed in a migratory bird conservation fund to be used for the
acquisition of migratory bird refuge and waterfowl production areas;
Whereas the Migratory Bird Hunting Stamp Act has created a continuing
source of funds for waterfowl habitat acquisition and restoration;
Whereas waterfowl hunters and others interested in the conservation
of our Nation's wildlife resources have contributed more than
$270,000,000 toward the acquisition of three million five hundred
thousand acres of waterfowl habitat through the purchase of duck stamps;
Whereas an estimated four hundred fifty thousand acres of wetland
habitat continue to disappear each year under the pressure of human
development;
Whereas wetlands are vital not only for waterfowl, but also for a
multitude of wildlife species, commercial and recreational fisheries,
water purification, groundwater recharge, and flood control;
Whereas the current goal of the Fish and Wildlife Service is to
preserve another one million six hundred thousand acres of key wetland
habitat by 1986 to help maintain waterfowl populations; and
Whereas celebration of the "Golden Anniversary Year of the Duck
Stamp' and "National Duck Stamp Week' will serve to increase awareness
of the significant contribution a duck stamp purchaser makes to the
conservation of wetland resources, and to encourage participation of
other concerned Americans: 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 July 1 through
July 8, 1984, is hereby designated as "National Duck Stamp Week' and
that 1984 is designated as the "Golden Anniversary Year of the Duck
Stamp'. The President is authorized and requested to issue a
proclamation --
(1) commemorating the fiftieth anniversary of the Migratory
Bird Hunting Stamp Act;
(2) commending the many American sportsmen and conservationists
who have played such an important part in the preservation of our
Nation's ducks and geese through the purchase of the duck stamp;
(3) commemorating the efforts of the United States Fish and
Wildlife Service to conserve wetland habitat;
(4) highlighting the annual loss of thousands of acres of
wetlands that threatens the valuable waterfowl and other natural
resources that depend upon this habitat; and
(5) calling upon the people of the United States to observe
such year and such week and to participate in the duck stamp
program.
Approved July 3, 1984.
LEGISLATIVE HISTORY -- S.J. Res. 270:
CONGRESSIONAL RECORD, Vol. 130 (1984):
June 15, considered and passed Senate.
June 26, considered and passed House.
PUBLIC LAW 98-340, 98 STAT. 308
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. (a) Within sixty days after the enactment of this Act, "40
USC 215' the Architect of the Capitol under the direction of the Joint
Committee on the Library (hereinafter referred to as the "Architect')
and the District of Columbia government (hereinafter referred to as the
"District') shall enter into an agreement consistent with the provisions
of this Act.
(b) Such agreement shall include the following provisions:
(1) The Architect and the District shall determine a site of
not less than twenty-five contiguous acres under the jurisdiction
of the District upon which the facilities existing on the date of
enactment of this Act which are operated and maintained by the
United States Botanic Garden at the Poplar Point Greenhouse and
Nursery described in section 3(a) shall be relocated.
(2) The District shall convey without consideration to the
Architect on behalf of the United States all right, title, and
interest of the District in any real property determined pursuant
to paragraph (1) as the replacement site.
(3) The District shall convey without consideration to the
Secretary of the Interior (hereinafter referred to as the
"Secretary') on behalf of the United States all right, title, and
interest of the District in the real property described in section
3(b), known as the Lanham Tree Nursery.
SEC. 2. (a) Within sixty days of the enactment of this Act "40 USC
215' the real property described in section 3(a), known as the Botanic
Garden Greenhouse and Nursery at Poplar Point, shall come within the
jurisdiction of the Secretary: Provided, That the Architect shall
retain the right to continue the current use of the property until the
replacement facilities of the Architect are completed.
(b) Within sixty days after the Secretary assumes jurisdiction for
such real property under subsection (a), the Secretary shall enter into
an agreement with the District and the Washington Metropolitan Area
Transit Authority under which the District and the Washington
Metropolitan Area Transit Authority will be authorized to construct,
maintain, and operate certain facilities designed to improve
transportation in the Washington metropolitan area.
(c) Upon the Secretary assuming jurisdiction for such real property
under subsection (a), the Secretary and the District shall develop a
land use plan for such portions of any real property described in
section 3 as the Secretary and the District jointly determine will not
be necessary for transportation improvement purposes when green line
service is extended to its ultimate terminus in Prince George's County.
(d) On the date of conveyance of such real property as described in
section 1(b)(2), the United States Capitol Police shall have such
jurisdiction over such real property as is provided under section 1826
of the Revised Statutes (40 U.S.C. 215).
(e) The Architect shall, not later than ten days after the enactment
of this Act, provide to the Washington Metropolitan Area Transit
Authority access to the real property described in section 3(a) for the
purpose of conducting any and all necessary surveys, studies,
evaluations, and tests, as determined by the Washington Metropolitan
Area Transit Authority, and for the purposes of construction of the rail
line tunnel in the area beginning at a point on the east line of the
parcel, the point of beginning having Metro project coordinates north
376,664.236 and east 801,187.843, thence leaving said line and through
said parcel the following seven courses:
(1) South 76 degrees 32 minutes 04.2 seconds west, 294.52 feet;
thence
(2) south 16 degrees 25 minutes 29.4 seconds east, 9.80 feet;
thence
(3) south 73 degrees 34 minutes 30.2 seconds west, 86.57 feet;
thence
(4) north 16 degrees 24 minutes 31.2 seconds west, 9.80 feet;
thence
(5) south 73 degrees 34 minutes 20.8 seconds west, 31.39 feet;
thence 10,7(6) south 0 degrees 01 minutes 36.3 seconds east,
109.22 feet; thence
(7) north 90 degrees 0 minutes 0 seconds west, 420.76 feet to a
point on the west line of said parcel; thence along said line
(8) north 0 degrees 01 minutes 35.8 seconds west, 577.12 feet
to the northwest corner of said parcel; thence along the
northerly line of said parcel
(9) south 72 degrees 01 minutes 48.6 seconds east, 862.55 feet
to the northeast corner of said parcel; thence along the east
line of said parcel
(10) south 0 degrees 02 minutes 22.5 seconds east, 99.85 feet
to the point of beginning, containing 300,235 square feet or 6.892
acres.
(f) When the facilities of the Architect have been relocated,
pursuant to section 1, the Secretary shall provide the Washington
Metropolitan Area Transit Authority right of access to construct,
maintain, and operate all other transportation facilities described in
section 3(a) designed to improve transportation in the Washington
metropolitan area.
SEC. 3. (a) The real property referred to the section 1(b)(1) "40 USC
215' known as the Botanic Garden Greenhouse and Nursery which is in
Anacostia Park is comprised of the following parcels of property:
(1) A parcel of approximately fourteen and seventy-five
one-hundredths acres that was transferred from the Director of
Public Buildings and Public Parks of the National Capital to the
jurisdiction of the United States Botanic Garden for use as a tree
nursery pursuant to the Act of June 26, 1926 (44 Stat. 774).
(2) A parcel of approximately seven and eight-three
one-hundredths acres that was acquired by the United States
Botanic Garden from the Secretary in 1935 in exchange for certain
other property under the provisions of the Act of May 20, 1932 (47
Stat. 161). "40 USC 122' "40 USC 122'
(3) A parcel of approximately two and eight one-hundredths
acres that is occupied by the Architect pursuant to a special use
permit issued by the Secretary on March 10, 1977, to the chairman
of the Joint Committee on the Library.
(b) The real property referred to in section 1(b)(3) known as the
Lanham Tree Nursery which is in Anacostia Park consists of a parcel of
approximately thirty-four and five-tenths acres that was transferred
from the Director of Public Buildings and Public Parks of the National
Capital to the jurisdiction of the District for use as a tree nursery.
Approved July 3, 1984.
LEGISLATIVE HISTORY -- H.R. 5565:
HOUSE REPORT No. 98-810, Pt. 1 (Comm. on the District of Columbia).
CONGRESSIONAL RECORD, Vol. 130 (1984):
June 11, considered and passed House.
June 21, considered and passed Senate.
PUBLIC LAW 98-339, 98 STAT. 299
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may be
referred to as the "Washington State Wilderness Act of 1984'.
SEC. 2. (a) The Congress finds that --
(1) many areas of undeveloped National Forest System lands in
the State of Washington possess outstanding natural
characteristics which give them high values as wilderness and
will, if properly preserved, contribute as an enduring resource of
wilderness for the benefit of the American people;
(2) the Department of Agriculture's second roadless area review
and evaluation (RARE II) of National Forest System lands in the
State of Washington and the related congressional review of such
lands have identified areas which, on the basis of their landform,
ecosystem, associated wildlife, and location, will help to fulfill
the National Forest System's share of a quality National
Wilderness Preservation System; and
(3) the Department of Agriculture's second roadless area review
and evaluation of National Forest System lands in the State of
Washington and the related congressional review of such lands have
also identified areas which do not possess outstanding wilderness
attributes or which possess outstanding energy, mineral, timber,
grazing, dispersed recreation and other values and which should
not now be designated as components of the National Wilderness
Preservation System but should be available for nonwilderness
multiple uses under the land management planning process and other
applicable laws.
(b) The purposes of this Act are to --
(1) designate certain National Forest System lands in the State
of Washington as components of the National Wilderness
Preservation System, in order to promote, perpetuate, and preserve
the wilderness character of the lands, protect watersheds and
wildlife habitat, preserve scenic and historic resources, and
promote scientific research, primitive recreation, solitude,
physical and mental challenge, and inspiration for the benefit of
all the American people, to a greater extent than is possible in
the absence of wilderness designation; and
(2) insure that certain other National Forest System lands in
the State of Washington be available for nonwilderness multiple
uses.
SEC. 3. In furtherance of the purposes of the Wilderness Act of 1964
(78 Stat. 890, 16 U.S.C. 1131 et seq.) the following lands in the State
of Washington are hereby designated as wilderness and, therefore, as
components of the National Wilderness Preservation System:
(1) certain lands in the Mount Baker-Snoqualmie National
Forest, Washington, which comprise approximately forty-nine
thousand acres, as generally depicted on a map entitled "Boulder
River Wilderness -- Proposed', dated March 1984, and which shall
be known as the Boulder River Wilderness; "16 USC 1132'
(2) certain lands in the Olympic National Forest, Washington,
which comprise approximately forty-five thousand eight hundred and
seventeen acres, as generally depicted on a map entitled "Buckhorn
Wilderness -- Proposed', dated March 1984, and which shall be
known as the Buckhorn Wilderness; "16 USC 1132'
(3) certain lands in the Mount Baker-Snoqualmie National
Forest, Washington, which comprise approximately fourteen thousand
three hundred acres, as generally depicted on a map entitled
"Clearwater Wilderness -- Proposed', dated March 1984, and which
shall be known as the Clearwater Wilderness; "16 USC 1132'
(4) certain lands in the Olympic National Forest, Washington,
which comprise approximately twelve thousand one hundred and
twenty acres, as generally depicted on a map entitled "Colonel Bob
Wilderness -- Proposed', dated March 1984, and which shall be
known as Colonel Bob Wilderness; "16 USC 1132'
(5) certain lands in the Mount Baker-Snoqualmie and Wenatchee
National Forests, Washington, which comprise approximately mately
one hundred twelve thousand six hundred and seven acres, as
generally depicted on a map entitled "Glacier Peak Wilderness
Additions -- Proposed', dated March 1984, and which are hereby
incorporated in and shall be deemed to be a part of the Glacier
Peak Wilderness as designated by Public Law 88-577 and Public Law
90-544; "16 USC 1131'
(6) "82 STAT. 926' certain lands in the Gifford Pinchot
National Forest, Washington, which comprise approximately three
thousand and fifty acres as generally depicted on a map entitled
"Glacier View Wilderness -- Proposed', dated March 1984, and which
shall be known as the Glacier View Wilderness; "16 USC 1132'
(7) the boundary of the existing Goat Rocks Wilderness, as
designated by Public Law 88-577 "16 USC 1131', located in the
Wenatchee and Gifford Pinchot National Forests, Washington, is
hereby revised to include those lands generally depicted on a map
entitled "Goat Rocks Wilderness -- Revised', dated March 1984;
"16 USC 1132'
(8) certain lands in the Wenatchee and Mount Baker-Snoqualmie
National Forests, Washington, which comprise approximately one
hundred three thousand five hundred and ninety-one acres as
generally depicted on a map entitled "Henry M. Jackson Wilderness
-- Proposed', dated March 1984, and which shall be known as the
Henry M. Jackson Wilderness. "16 USC 1132' The Henry M. Jackson
Wilderness is designated in remembrance of Senator Jackson's deep,
personal feelings for this area, especially that portion known as
"Monte Cristo', which he visited often as a boy. Through such
designation, the Congress recognizes his unparalleled
contributions to the natural resource policies of the Nation in
general and Washington State in particular;
(9) certain lands in the Gifford Pinchot National Forest,
Washington, which comprise approximately twenty thousand six
hundred and fifty acres, as generally depicted on a map entitled
"Indian Heaven Wilderness -- Proposed', dated March 1984, and
which shall be known as the Indian Heaven Wilderness; "16 USC
1132'
(10) certain lands in the Okanogan and Wenatchee National
Forests, Washington, which comprise approximately one hundred
fifty thousand eight hundred and thirty-three acres as generally
depicted on a map entitled "Lake Chelan-Sawtooth Wilderness --
Proposed', dated March 1984, and which shall be known as the Lake
Chelan-Sawtooth Wilderness; "16 USC 1132'
(11) certain lands in the Gifford Pinchot National Forest,
Washington, which comprise approximately fourteen thousand four
hundred and twenty acres, as generally depicted on a map entitled
"Mount Adams Wilderness Additions -- Proposed', dated March 1984,
and which are hereby incorporated in and shall be deemed to be a
part of the Mount Adams Wilderness as designated by Public law
88-577; "16 USC 1131'
(12) certain lands in the Mount Baker-Snoqualmie National
Forest, Washington, which comprise approximately one hundred
seventeen thousand nine hundred acres as generally depicted on
a map entitled "Mount Baker Wilderness -- Proposed', dated
March 1984, and which shall be known as the Mount Baker
Wilderness; "16 USC 1132'
(13) certain lands in the Olympic National Forest, Washington,
which comprise approximately fifteen thousand six hundred and
eighty-six acres, as generally depicted on a map entitled "Mount
Skokomish Wilderness -- Proposed', dated March 1984, and which
shall be known as the Mount Skokomish Wilderness; "16 USC 1132'
(14) certain lands in the Mount Baker-Snoqualmie National
Forest, which comprise approximately fourteen thousand three
hundred acres, as generally depicted on a map entitled
"Noisy-Diobsud Wilderness -- Proposed', dated May 1984, and which
shall be known as the Noisy-Diobsud Wilderness; "16 USC 1132'
(15) certain lands in the Mount Baker-Snoqualmie and Wenatchee
National Forests, Washington, which comprise approximately fifty
thousand nine hundred and twenty-three acres as generally depicted
on a map entitled "Norse Peak Wilderness -- Proposed', dated March
1984, and which shall be known as the Norse Peak Wilderness; "16
USC 1132'
(16) certain lands in the Okanogan National Forest, Washington,
which comprise twenty-four thousand three hundred and twenty-six
acres, as generally depicted on a map entitled "Pasayten
Wilderness Additions -- Proposed', dated March 1984, and which are
hereby incorporated in and shall be deemed to be part of the
Pasayten Wilderness as designated by Public Law 88-577; "16 USC
1131'
(17) certain lands in the Kaniksu and Colville National
Forests, Washington, which comprise approximately forty-one
thousand three hundred and thirty-five acres, as generally
depicted on a map entitled "Salmo-Priest Wilderness -- Proposed',
dated March 1984, and which shall be known as the Salmo-Priest
Wilderness; "16 USC 1132'
(18) certain lands in the Gifford Pinchot National Forest,
Washington, which comprise approximately fifteen thousand seven
hundred and twenty acres, as generally depicted on a map entitled
"Tatoosh Wilderness -- Proposed', dated March 1984, and which
shall be known as the Tatoosh Wilderness; "16 USC 1132'
(19) certain lands in the Olympic National Forest, Washington,
which comprise approximately seventeen thousand two hundred and
thirty-nine acres, as generally depicted on a map entitled "The
Brothers Wilderness -- Proposed', dated March 1984, and which
shall be known as The Brothers Wilderness -- Proposed', dated
March 1984, and which shall be known as The Brothers Wilderness;
"16 USC 1132'
(20) certain lands in the Gifford Pinchot National Forest,
which comprise approximately six thousand and fifty acres, as
generally depicted on a map entitled "Trapper Creek Wilderness --
Proposed', dated March 1984, and which shall be known as the
Trapper Creek Wilderness; "16 USC 1132'
(21) certain lands in the Wenatchee and Gifford Pinchot
National Forests, Washington, which comprise approximately one
hundred and sixty-six thousand six hundred and three acres, as
generally depicted on a map entitled "William O. Douglas
Wilderness -- Proposed', dated March 1984, and which shall be
known as the William O. Douglas Wilderness "16 USC 1132'. The
William O. Douglas Wilderness is designated in remembrance of
Justice Douglas' lifelong efforts to preserve the Cougar Lakes
area for the recreational benefits of future generations. Through
such designation, the Congress recognizes his persistent concern
for the Cougar Lakes area, and his contribution to conservation
efforts throughout the Nation; and
(22) certain lands in the Olympic National Forest, Washington,
which comprise approximately two thousand three hundred and twenty
acres, as generally depicted on a map entitled "Wonder Mountain
Wilderness -- Proposed', dated March 1984, and which shall be
known as the Wonder Mountain Wilderness "16 USC 1132'. "16 USC
1132'
SEC. 4. (a) As soon as practicable after this Act takes effect, the
Secretary of Agriculture shall file the maps referred to in section 3 of
this Act and legal descriptions of each wilderness area designated by
section 3 of this Act with the Committee on Energy and Natural
Resources, United States Senate, and the Committee on Interior and
Insular Affairs, House of Representatives, and each such map and legal
description shall have the same force and effect as if included in this
Act: Provided, That correction of clerical and typographical errors in
such legal descriptions and maps may be made. Each such map and legal
description shall be on file and available for public inspection in the
office of the Chief of the Forest Service, Department of Agriculture.
(b) Subject to valid existing rights, each wilderness area designated
by section 3 of this Act shall be administered by the Secretary of
Agriculture in accordance with the provisions of the Wilderness Act of
1964 "16 USC 1131' governing areas designated by that Act as wilderness
areas, except that with respect to any area designated in section 3 of
this Act, any reference in such provisions to the effective date of the
Wilderness Act of 1964 shall be deemed to be a reference to the
effective date of this Act.
SEC. 5. (a) The Congress finds that --
(1) the Department of Agriculture has completed the second
roadless area review and evaluation program (RARE II);
(2) the Congress has made its own review and examination of
National Forest System roadless areas in the State of Washington
and of the environmental impacts associated with alternative
allocations of such areas.
(b) On the basis of such review, the Congress hereby determines and
directs that --
(1) without passing on the question of the legal and factual
sufficiency of the RARE II Final Environmental Statement (dated
January 1979) with respect to National Forest System lands in
States other than Washington, such statement shall not be subject
to judicial review with respect to National Forest System lands in
the State of Washington;
(2) with respect to the National Forest System lands in the
State of Washington which were reviewed by the Department of
Agriculture in the second roadless area review and evaluation
(RARE II) and those lands referred to in subsection (d), that
review and evaluation or reference shall be deemed for the
purposes of the initial land management plans required for such
lands by Forest and Rangeland Renewable Resources Planning Act of
1974, "16 USC 1600' as amended by the National Forest Management
Act of 1976 "16 USC 1600' to be an adequate consideration of the
suitability of such lands for inclusion in the National Wilderness
Preservation System and the Department of Agriculture shall not be
required to review the wilderness option prior to the revisions of
the plans, but shall review the wilderness option when the plans
are revised, which revisions will ordinarily occur on a ten-year
cycle, or at least every fifteen years, unless, prior to such time
the Secretary of Agriculture finds that conditions in a unit have
significantly changed;
(3) areas in the State of Washington reviewed in such final
environmental statement or referenced in subsection (d) and not
designated as wilderness upon enactment of this Act or identified
for special management in section 7 or 8 of this Act shall be
managed for multiple use in accordance with land management plans
pursuant to section 6 of the Forest and Rangeland Renewable
Resources Planning Act of 1974, "16 USC 1604' as amended by the
National Forest Planning Act of 1976: Provided, That such areas
need not be managed for the purpose of protecting their
suitability for wilderness designation prior to or during revision
of the initial land management plans;
(4) in the event that revised land management plans in the
State of Washington are implemented pursuant to section 6 of the
Forest and Rangeland Renewable Resources Planning Act of 1974 "16
USC 1604', as amended by the National Forest Management Act of
1976, and other applicable law, areas not recommended for
wilderness designation need not be managed for the purpose of
protecting their suitability for wilderness designation prior to
or during revision of such plans, and areas recommended for
wilderness designation shall be managed for the purpose of
protecting their suitability for wilderness designation as may be
required by the Forest and Rangeland Renewable Resources Planning
Act of 1974, "16 USC 1600' as amended by the National Forest
Management Act of 1976, "16 USC 1600' and other applicable law;
and
(5) unless expressly authorized by Congress, the Department of
Agriculture shall not conduct any further statewide roadless area
review and evaluation of National Forest System lands in the State
of Washington for the purpose of determining their suitability for
inclusion in the National Wilderness Preservation System.
(c) As used in this section, and as provided in section 6 of the
Forest and Rangeland Renewable Resources Planning Act of 1974 "16 USC
1604', as amended by the National Forest Management Act of 1976, the
term "revision' shall not include an "amendment' to a plan.
(d) The provisions of this section shall also apply to:
(1) those National Forest System roadless lands in the State of
Washington in the Gifford Pinchot, Olympic and Umatilla National
Forests which were evaluated in the Upper Cispus; Lone Tree;
Clear Creek; Upper Lewis; Trapper-Siouxon; Soleduck; Quinault;
Oregon Butte; and Shelton Cooperative Sustained Yield Unit unit
plans; and
(2) National Forest System roadless lands in the State of
Washington which are less than five thousand acres in size.
SEC. 6. (a) In furtherance of the purposes of the Wilderness Act of
1964, certain public lands in Franklin County, Washington, which
comprise approximately seven thousand one hundred and forty acres, as
generally depicted on a map entitled "Juniper Dunes Wilderness --
Proposed' and dated March 1984, are hereby designated as the Juniper
Dunes Wilderness "16 USC 1132' and, therefore, as a component of the
National Wilderness Preservation System.
(b) Subject to valid existing rights, the Juniper Dunes Wilderness
shall be administered by the Secretary of the Interior in accordance
with the provisions of the Wilderness Act governing areas designated by
that Act as wilderness "16 USC 1131'. For purposes of this section, any
references in such provisions to the effective date of the Wilderness
Act shall be deemed to be a reference to the effective date of this
section, any reference to the Secretary of Agriculture with regard to
the administration of such areas shall be deemed to be a reference to
the Secretary of the Interior, and any reference to wilderness areas
designated by the Wilderness Act or designated national forest
wilderness areas shall be deemed to be a reference to the Juniper Dunes
Wilderness designated by this section. For purposes of this section,
the reference to national forest rules and regulations in the second
sentence of section 4(d)(3) of the Wilderness Act "16 USC 1133' shall be
deemed to be a reference to rules and regulations applicable to public
lands, as defined in section 103(e) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701, 1702).
(c) As soon as practicable after this Act takes effect, the Secretary
of the Interior shall file a map and legal description of the Juniper
Dunes Wilderness with the Committee on Energy and Natural Resources of
the United States Senate and with the Committee on Interior and Insular
Affairs of the United States House of Representatives, and such map and
description shall have the same force and effect as if included in this
Act: Provided, That correction of clerical and typographical errors in
the legal description and map may be made. The map and legal
description shall be on file and available for public inspection in the
offices of the Bureau of Land Management, Department of the Interior.
SEC. 7. "16 USC 460 pp' (a) In order to assure the conservation and
protection of certain natural, scenic, historic, pastoral, and fish and
wildlife values and to provide for the enhancement of the recreational
values associated therewith, the Mount Baker National Recreation Area
located in the Mount Baker-Snoqualmie National Forest, Washington, is
hereby established.
(b) The Mount Baker National Recreation Area (hereafter referred to
as the "recreation area') shall comprise approximately eight thousand
six hundred acres as generally depicted on the map entitled "Mount Baker
National Recreation Area -- Proposed', dated March 1984, which shall be
on file and available for public inspection in the office of the Chief,
Forest Service, Department of Agriculture.
(c) The Secretary of Agriculture shall, as soon as practicable after
the date of enactment of thic Act, file a map and a legal description of
the recreation area with the Committee on Energy and Natural Resources,
United States Senate, and the Committee on Interior and Insular Affairs,
House of Representatives, and each such map and legal description shall
have the same force and effect as if included in this Act: Provided,
That correction of clerical and typographical errors in such legal
description and map may be made. The map and legal description shall be
on file and available for public inspection in the office of the Chief
of the Forest Service, Department of Agriculture.
(d) The Secretary shall administer the recreation area in accordance
with the laws, rules and regulations applicable to the national forests
in such manner as will best provide for (1) public outdoor recreation
(including but not limited to snowmobile use); (2) conservation of
scenic, natural, historic, and other values contributing to public
enjoyment; and (3) such management, utilization, and disposal of
natural resources on federally owned lands within the recreation area
which are compatible with and which do not significantly impair the
purposes for which the recreation area is established.
SEC. 8. (a) The Congress finds that certain lands within the Mount
Baker-Snoqualmie and Okanogan National Forests along the North Cascades
Highway have remarkable scenic values, representing a unique aesthetic
travelway through the Cascade Mountains in the northern portion of the
State of Washington. The value of preserving this scenic area and
assuring that it is managed in such manner that its scenic beauty and
recreation qualities are maintained for future generations is recognized
by the Congress.
(b) In order to preserve and protect these values, certain National
Forest System lands comprising approximately eighty-seven thousand seven
hundred and fifty-seven acres, as generally depicted on a map entitled
"North Cascades Scenic Highway -- Proposed' and dated March 1984, shall
be administered by the Secretary of Agriculture to preserve the scenic
value of this highway corridor. Management activities, including
resource use and development, within the area may be permitted by the
Secretary of Agriculture if the existing scenic values of the area are
maintained.
(c) Management direction for the area that recognizes these scenic
values shall be included in the forest plans developed for the Okanogan
and Mount Baker-Snoqualmie National Forests in accordance with section 6
of the Forest and Rangeland Renewable Resources Planning Act of 1974 "16
USC 1604', as amended.
SEC. 9. Congress does not intend that designation of wilderness areas
in the State of Washington lead to the creation of protective perimeters
or buffer zones around each wilderness area. The fact that
nonwilderness activities or uses can be seen or heard from areas within
the wilderness shall not, of itself, preclude such activities or uses up
to the boundary of the wilderness area.
SEC. 10. The Secretary of Agriculture shall exchange lands and
interests in lands with Weyerhaeuser Company in accordance with the
following provisions:
(a) If the Weyerhaeuser Company offers to the United States the
following described lands and interests in lands the Secretary shall
accept such lands and interests therein:
TABLE OMMITTED.
(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:
TABLE OMITTED
(c) The instruments of conveyance respecting the lands and interests
exchanged under this section may contain such reservations as may be
agreed upon by the Secretary and Weyerhaeuser Company.
(d) It is the sense of Congress that the exchange authorized pursuant
to this section should be completed within ninety days after the date of
the enactment of this Act. The Secretary shall use other existing
acquisition authorities if the exchange authorized by this section is
not completed within a reasonable time after the expiration of such
ninety day period.
(e) 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 which formed the basis for the exchange
provided for in this section. If the Secretary finds that a reduction
in the value of the lands or interests therein has occurred, the
Secretary shall not carry out the exchange for those lands or interests
so affected and acquisition of those lands and interests shall be
undertaken by the Secretary in accordance with other provisions of law.
SEC. 11. Subject to valid existing rights, the Federal lands in Walla
Walla and Columbia Counties, Washington, located within the Mill Creek
Watershed roadless area as identified in the Oregon Butte Unit Plan are
hereby withdrawn from all forms of location, entry, and patent under the
United States mining laws and from disposition under all laws pertaining
to mineral leasing and all amendments thereto.
Approved July 3, 1984.
LEGISLATIVE HISTORY -- S. 837:
SENATE REPORT No. 98-461 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 130 (1984):
May 24, considered and passed Senate.
June 18, considered and passed House.
PUBLIC LAW 98-338, 98 STAT. 297
Whereas traffic accidents cause more violent deaths in the United
States than any other cause, approximately forty-two thousand in 1983;
Whereas traffic accidents cause thousands of serious injuries in the
United States each year;
Whereas more than 65 per centum of drivers killed in single vehicle
collisions and over 50 per centum of all drivers fatally injured have
blood alcohol concentrations above the legal limit;
Whereas the United States Surgeon General has reported that life
expectancy has risen for every age group over the past seventy-five
years except for Americans fifteen to twenty-four years old, whose death
rate, the leading cause of which is drunk driving, is higher now than it
was twenty years ago;
Whereas the total societal cost of drunk driving has been estimated
at over $24,000,000,000 per year, which does not include the human
suffering that can never be measured;
Whereas there are increasing reports of driving after drug use and
accidents involving drivers who have used marihuana or other illegal
drugs;
Whereas driving after the use of therapeutic drugs, either alone or
in combination with alcohol, contrary to the advice of physician,
pharmacist, or manufacturer, may create a safety hazard on the roads;
Whereas more research is needed on the effect of drugs either alone
or in combination with alcohol, on driving ability and the incidence of
traffic accidents;
Whereas an increased public awareness of the gravity of the problem
of drugged driving may warn drug users to refrain from driving and may
stimulate interest in increasing necessary research on the effect of
drugs on driving ability and the incidence of traffic accidents;
Whereas the public, particularly through the work of citizens groups,
is demanding a solution to the problem of drunk and drugged driving;
Whereas the Presidential Commission on Drunk Driving, appointed to
heighten public awareness and stimulate the pursuit of solutions, has
provided vital recommendations for remedies for the problem of drunk
driving;
Whereas many States have appointed task forces to examine existing
drunk driving programs and make recommendations for a renewed,
comprehensive approach, and in many cases their recommendations are
leading to enactment of new laws, along with stricter enforcement;
Whereas the best defense against the drunk or drugged driver is the
use of safety belts and greater safety belt usage would increase the
number of survivors of traffic accidents;
Whereas an increase in the public awareness of the problem of drunk
and drugged driving may contribute to a change in society's attitute
toward the drunk or drugged driver and help to sustain current efforts
to develop comprehensive solutions at the State and local levels;
Whereas the Christmas and New Year holiday period, with more drivers
on the roads and an increased number of social functions, is a
particularly appropriate time to focus national attention on this
critical problem;
Whereas designation of National Drunk and Drugged Driving Awareness
Week in 1982 and 1983 stimulated many activities and programs by groups
in both the private and public sectors aimed at curbing drunk and
drugged driving in the high-risk Christmas and New Year holiday period
and thereafter;
Whereas over the last three years the number of traffic fatalities
over each of the three-day New Year holidays has decreased from three
hundred and thirty-eight deaths in 1981, to two hundred and eighty-two
deaths in 1982, to two hundred and seventy-four deaths in 1983, the
lowest number since 1949; and
Whereas the activities and programs during National Drunk and Drugged
Driving Awareness Week in 1982 and 1983 heightened the awareness of the
American public to the danger of drunk and drugged driving and
contributed to the decrease in traffic fatalities: 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 December 9,
1984, through December 15, 1984, is designated as "National Drunk and
Drugged Driving Awareness Week' and the President is authorized and
requested to issue a proclamation calling upon the people of the United
States to observe that week with appropriate activities.
Approved July 3, 1984.
LEGISLATIVE HISTORY -- S.J. Res. 303:
CONGRESSIONAL RECORD, Vol. 130 (1984):
June 8, considered and passed Senate.
June 26, considered and passed House.
PUBLIC LAW 98-337, 98 STAT. 296
Whereas hawks, owls, and other birds of prey are vital ecological
components of the wildlife communities in which they live, and are
important environmental indicators of ecosystem quality;
Whereas forty of the fifty-three species of birds of prey that occur
regularly in the United States have been listed by one or more State
conservation agencies as endangered, extirpated, threatened, or of
concern;
Whereas public attitudes regarding birds of prey are changing to one
of appreciation and understanding; and
Whereas over a million Americans are birdwatchers who regularly
observe hawks and other birds of prey every autumn at migration outlooks
located on major raptor flyways scattered from California to Maine, and
from Minnesota to Florida and Texas: 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 October 7,
1984, through October 13, 1984, is designated as "National Birds of Prey
Conservation Week', and the President of the United States is authorized
and requested to issue a proclamation calling upon individuals to
observe such a week by considering the importance of birds of prey in
wildlife communities.
Approved July 3, 1984.
LEGISLATIVE HISTORY -- S.J. Res. 230:
CONGRESSIONAL RECORD, Vol. 130 (1984):
June 8, considered and passed Senate.
June 26, considered and passed House.
PUBLIC LAW 98-336, 98 STAT. 295
Whereas the United States Coast Guard is the oldest continuous
seagoing service, its history tracing back to 1790;
Whereas the United States Coast Guard has made valuable contributions
to our Nation in the areas of boating safety, search and rescue, aids to
navigation, merchant marine safety, environmental protection, maritime
law enforcement and port safety;
Whereas the military and civilian personnel of the United States
Coast Guard and its predecessors have displayed enthusiasm, excellence
and courage since 1790 in serving the people of this Nation; and
Whereas the Nation relies on the readiness of the nearly one hundred
thousand active duty and reserve military officers and enlisted
personnel, cadets, civilian employees, and auxiliary volunteers of the
United States Coast Guard to rescue victims, protect our environment,
and defend our Nation if the need arises: 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 4,
1984, as "Coast Guard Day', and calling upon all Federal, State and
local government agencies and people of the United States to observe the
day with appropriate programs, ceremonies, and activities.
Approved July 3, 1984.
LEGISLATIVE HISTORY -- S.J. Res. 150:
CONGRESSIONAL RECORD:
Vol. 129 (1983): Sept. 20, considered and passed Senate.
Vol. 130 (1984): June 26, considered and passed House.
PUBLIC LAW 98-335, 98 STAT. 294
Whereas Hugo LaFayette Black's reverence for the Constitution of the
United States and the freedoms it guarantees led him to a career of
dedicated public service in the State of Alabama, the United States
Senate, and the United States Supreme Court, spanning over fifty years;
Whereas Hugo LaFayette Black's courageous leadership, devotion to
wisdom and scholarship, and dedication to the cause of justice brought
meaning to the concept of democracy and has had a farreaching influence
on the development of American jurisprudence;
Whereas Hugo LaFayette Black stood firm and unwavering in protecting
and defending our cherished constitutional rights and freedoms, and
contributed greatly to the strength and vitality of our Nation;
Whereas future generations will continue to benefit from Hugo
LaFayette Black's devotion to the common good and sense of compassion
for all;
Whereas February 27, 1986, is the one hundredth anniversary of the
birth of Hugo LaFayette Black; and
Whereas it is fitting and proper to honor Hugo LaFayette Black as a
defender of freedom, a patriot, and a dedicated public servant: 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 February
27, 1986, as "Hugo LaFayette Black Day', and calling upon the people of
the United States to observe such day with appropriate ceremonies and
activities.
Approved July 3, 1984.
LEGISLATIVE HISTORY -- S.J. Res. 59:
CONGRESSIONAL RECORD, Vol. 130 (1984):
Feb. 27, considered and passed Senate.
June 26, considered and passed House.
Public Law 98-334, 98 Stat. 291
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the consent of
Congress is hereby given to the Goose Lake Basin Compact between the
States of California and Oregon, which compact is as follows:
"Article I............ Purposes.
Article II............ Definition of Terms.
Article III........... Distribution and Use of Water.
Article IV............ Administration.
Article V............. Termination.
Article VI............ General Provisions.
Article VII........... Ratification.
Article VIII.......... Federal Rights.
"The major purposes of this compact are:
"A. To facilitate and promote the orderly, integrated and
comprehensive development, use, conservation and control of the water
resources of Goose Lake Basin.
"B. To further intergovernmental cooperation and comity and to
remove the causes of present and future controversies by (1) providing
for continued development of the water resources of Goose Lake Basin by
the States of California and Oregon, and (2) prohibiting the export of
water from Goose Lake Basin without consent of the legislatures of
California and Oregon.
"As used in this compact:
"A. 'Goose Lake Basin' shall mean the drainage area of Goose Lake
within the States of California and Oregon and all closed basins
included in the Goose Lake drainage basin as delineated on the official
map of the Goose Lake Basin which is attached to and made a part of this
compact.
"B. 'Person' shall mean the States of Oregon and California, any
individual and any other entity, public or private.
"C. 'Water', 'waters' or 'water resources' shall mean any water
appearing on the surface of the ground in streams, lakes, or otherwise,
and any water beneath the land surface or beneath the bed of any stream,
lake, reservoir, or other body of surface water within the boundaries of
Goose Lake Basin.
"A. There are hereby recognized vested rights to the use of water
originating in Goose Lake Basin existing as of the effective date of
this compact and established under the laws of California and Oregon.
"B. Except as provided in this Article, this compact shall not be
construed as affecting or interfering with appropriation under the laws
of California and Oregon of unappropriated waters of Goose Lake Basin
for use within the basin.
"C. Export of water from Goose Lake Basin for use outside the basin
without prior consent of both State legislatures is prohibited.
"D. Each State hereby grants the right for a person to construct,
and operate facilities for the measurement, diversion, storage, and
conveyance of water from the Goose Lake Basin in one State for use
within the basin in the other State, providing the right to such use is
secured by appropriation under the general laws administered by the
Water Resources Director of the State of Oregon or the Water Rights
Board of California and the laws of the State from which the water is to
be taken shall control.
"E. Should any facilities be constructed in one State to implement
use of water in the other State, the construction, operation, repairs
and replacements of such facilities shall be subject to the laws of the
State in which the facilities are constructed.
"No commission or administrative body is necessary to administer this
compact.
"This compact may be terminated at any time by consent of the
legislatures of California and Oregon and upon such termination all
rights then established hereunder shall continue unimpaired.
"Nothing in this compact shall be construed to limit, or prevent any
State from instituting or maintaining any action or proceeding, legal or
equitable, in any court having jurisdiction thereof for the protection
of any right under this compact or the enforcement of any of its
provisions.
"A. This compact shall become operative when ratified by the
legislatures of California and Oregon and consented to by the Congress
of the United States.
"B. This compact shall remain in full force and effect until amended
in the same manner as is required for it to be ratified to become
operative or until terminated.
"C. A copy of any proposed amendments to or termination of this
compact shall be filed with the Board of Supervisors of Modoc County,
California, and the County Court of Lake County, Oregon, at least 30
days prior to any legislative consideration by the legislatures of the
States of California and Oregon.
"Nothing in this compact shall be deemed:
"A. To impair or affect the existing rights or powers of the United
States of America, its agencies, or instrumentalities, in and to the use
of the waters of the Goose Lake Basin nor its capacity to acquire rights
in and to the use of said waters.
"B. To subject any property of the United States of America, its
agencies or instrumentalities, to taxation by any State or subdivision
thereof, nor to create an obligation on the part of the United States of
America, its agencies or instrumentalities by reason of the acquisition,
construction or operation of any property or works of whatsoever kind,
to make any payments to any State or political subdivision thereof,
State agency, municipality or entity, whatsoever in reimbursement for
the loss of taxes.
"C. To subject any property of the United States of America, its
agencies or instrumentalities, to the laws of any State to any extent
other than the extent to which these laws would apply without regard to
the compact.".
Approved July 2, 1984.
LEGISLATIVE HISTORY -- S. 1135:
HOUSE REPORT: No. 98-841 (Comm. on Interior and Insular Affairs).
SENATE REPORT: No. 98-397 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 130 (1984): May 1, considered and passed
Senate. June 18, considered and passed House.
PUBLIC LAW 98-333, 98 STAT. 290
Whereas ice cream is a nutritious and wholesome food enjoyed by over
90 per centum of the people of the United States;
Whereas the ice cream industry with approximately $3,500,000,000 in
annual sales provides jobs for thousands of citizens and uses nearly 10
per centum of the milk produced by United States dairy farmers, thereby
contributing substantially to the economic well-being of the Nation's
dairy industry; and
Whereas ice cream enjoys a reputation as the perfect dessert and
snack food, and over eight hundred and eighty-seven million gallons of
ice cream were consumed in the United States in 1983: Now, therefore,
be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That July 1984, is hereby
proclaimed as "National Ice Cream Month', and July 15, 1984, as
"National Ice Cream Day', and the President is authorized and requested
to issue a proclamation calling upon the people of the United States to
observe ice cream month and ice cream day with appropriate ceremonies
and activities.
Approved July 2, 1984.
LEGISLATIVE HISTORY -- S.J. Res. 298:
CONGRESSIONAL RECORD, Vol. 130 (1984):
June 8, considered and passed Senate.
June 26, considered and passed House.
PUBLIC LAW 98-332, 98 STAT. 283
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, 1984; namely:
For an additional amount for "Public Law 480' "7 USC 1691', for
commodities supplied in connection with dispositions abroad, pursuant to
title II of the Agricultural Trade Development and Assistance Act of
1954, "7 USC 1721' as amended, $60,000,000, of which $60,000,000 is
hereby appropriated and made available through March 31, 1985; and in
addition not to exceed $90,000,000, shall be available through September
30, 1985, from Commodity Credit Corporation inventory for sale on a
competitive bid basis or barter to the African countries requiring
emergency food assistance, or any country for use in assisting in or
commodities In the event Commodity Credit Corporation stocks are not
available, the Corporation may purchase commodities to meet emergency
requirements.
For an additional amount for "Child Nutrition Programs',
$545,544,000.
For an additional amount for the "Feeding Program for Women, Infants,
and Children (WIC)', $300,000,000.
Notwithstanding section 502(d) of the Housing Act of 1949 "97 Stat.
1240', from amounts previously made available from the Rural Housing
Insurance Fund, in Public Law 98-151 "42 USC 1472 97 Stat. 964', for
fiscal year 1984, $1,610,000,000 shall be made available for low-income
borrowers and $690,000,000 shall be made available for very low-income
borrowers: Provided, That up to $230,000,000 may be transferred from
low income amounts to very low income amounts if the Secretary certifies
that qualified applicants are available.
For an additional amount for "Educational and Cultural Exchange
Programs', $850,000 for reimbursement for activities carried out during
the 1984 International Games for the Disabled.
For an additional amount for "Salaries and expenses', $2,000,000, for
the period August 1, 1984, through September 30, 1984: Provided, That
any unobligated amounts already appropriated under Public Law 98-78 "97
Stat. 468' shall remain available until September 30, 1984.
Notwithstanding current administrative procedures, the Secretary of
the Army, acting through the Chief of Engineers, is directed to
implement immediately nonstructural flood control measures such as
relocation sites, flood proofing and flood plain acquisition and
evacuation as described in the General Plan for Section 202 Program
Implementation prepared by the Ohio River Division in April 1982 and as
authorized by section 202 of Public Law 96-367: "94 Stat. 1339'
Provided, That there is hereby appropriated $21,000,000 to remain
available until expended for the purposes of this paragraph.
Notwithstanding section 660 of the Foreign Assistance Act of 1961,
"22 USC 2420' for an additional amount for necessary expenses for
assistance to the Government of El Salvador to protect jurors and other
key participants in the criminal proceedings against those charged with
the murders of four American churchwomen, during and subsequent to such
proceedings, $500,000.
For an additional amount for necessary expenses to carry out the
provisions of section 503 of the Foreign Assistance Act of 1961 "22 USC
2311', $61,750,000: Provided, That this sum shall be available only for
assistance for El Salvador, notwithstanding the limitations and
restrictions on such assistance contained in section 101(b) of Public
Law 98-151: "97 Stat. 964' Provided further, That none of the funds
appropriated under this heading may be available for obligation or
expenditure until the President prepares and transmits to the Congress a
report --
(1) stating his determination that the Government of El
Salvador has demonstrated progress toward land reform, free
elections, freedom of association, the establishment of the rule
of law and an effective judicial system, and the termination of
the activities of the so-called death squads, including vigorous
action against members of such squads who are guilty of crimes and
prosecution to the extent possible of such members who are past
offenders;
(2) describing the progress made in --
(A) the development of an effective medical evacuation and
training system for El Salvador;
(B) the training of the Armed Forces of El Salvador;
(C) the quantification of the losses or expenditures in El
Salvador of munitions, weaponry, and combat support equipment
which has been furnished by the United States; and
(D) the acquisition and support of tactical communications and
the upgrading and modification of the national strategic
communications network; and
(3) setting forth the rate of usage by the Armed Forces of El
Salvador of spare parts furnished by the United States:
Provided further, That 60 days after the date of enactment of this joint
resolution and at intervals of 60 days thereafter the President shall
prepare and transmit to the Congress a report on the progress made
during the preceding 60 days in achieving the objectives described in
the preceding proviso.
For an additional amount for "Migration and refugee assistance',
$7,000,000: Provided, That such sum shall be available only for
assistance to displaced persons in El Salvador.
Notwithstanding any other provision of law, within the amounts
provided under this head in the Department of the Interior and Related
Agencies Appropriation Act, 1984 (Public Law 98-146) "97 Stat. 928',
$1,000,000 shall be made available to the State of Montana for
reclamation grants pursuant to section 402(g)(2) of Public Law 95-87 "30
USC 1232' for reclamation of the Colorado Tailings site in Montana.
For an additional amount for "Training and employment services',
$100,000,000, for the summer youth employment and training program:
Provided, That the amount appropriated hereunder shall be allocated to
States so that each service delivery area composed (in whole or in part)
of a geographic area served by a prime sponsor under the Comprehensive
Employment and Training Act "29 USC 801' receives, as nearly as
possible, an amount equal to at least 90 per centum of the amount
received for the comparable geographic area for the summer youth program
under such Act for the summer of 1983.
To provide additional capital for the revolving fund established by
the last paragraph under the heading "CONTINGENT EXPENSES OF THE SENATE'
appearing under the heading "SENATE' in chapter XI of the Third
Supplemental Appropriation Act, 1957 (2 U.S.C. 46a-1), $61,000.
For an additional amount for the acquisition (purchase of up to
eight) of high-performance, interceptor/tracker aircraft and other
related equipment for drug interdiction purposes, $25,000,000, to remain
available until expended: Provided, That such aircraft be purchased
through an open, competitive procurement.
Notwithstanding any other provision of law, the Customs district
headquartered at Bridgeport, Connecticut, shall be maintained as a
Customs district until October 1, 1984, covering the same territory as
covered by such district on January 1, 1984.
SEC. 101. None of the funds appropriated for the fiscal year 1984 to
carry out chapter 2 or 5 of part II of the Foreign Assistance Act of
1961 "22 USC 2311, 2347' or made available under the Arms Export Control
Act "22 USC 2751' may be available for Panama on or after any date of
disruption or cancellation by the Armed Forces of Panama of the general
elections scheduled for May 6, 1984.
SEC. 104. Deferral No. D84-50, submitted to the Congress on February
22, 1984, to defer $14,000,000 in funds provided in Public Law 98-146
"97 Stat. 919' for construction of the Cumberland Gap Tunnel and related
activities, is hereby disapproved.
SEC. 106. (a) The Secretary of Agriculture shall utilize the
authorities provided in the Charter of the Commodity Credit Corporation
to expand the export of United States agricultural commodities through
competitive sales, including shipping costs and credit terms, and
donations as authorized by law. In carrying out the authorities and
responsibilities imposed by the Charter, the Secretary shall assist in
the financing of export sales of United States agricultural products,
either through direct or guaranteed loans. The Secretary shall use the
Commodity Credit Corporation, a revolving fund capitalized at
$25,000,000,000, to make available under the export credit program
carried out by the Corporation short-term credit to finance export sales
of United States agricultural commodities, and shall also use such other
authorities as necessary to regain the rightful share of world markets
for United States agricultural commodities.
(b) For the fiscal year ending September 30, 1985, the Secretary of
Agriculture shall make available under the Export Credit Grarantee
Program (GSM-102) carried out by the Commodity Credit Corporation credit
guarantees for not less than $5,000,000,000 in short-term credit
extended to finance export sales of United States agricultural
commodities.
(c) The Secretary shall ensure that any guarantee authority made
available, in the fiscal years ending September 30, 1984, and September
30, 1985, for credit guarantees under the Export Credit Guarantee
Program (GSM-102) carried out by the Commodity Credit Corporation in
excess of --
(1) the $4,000,000,000 of guarantee authority available for
fiscal year ending September 30, 1984, and
(2) the level of guarantee authority contained in the
President's budget for the fiscal year ending September 30, 1985.
is used to further assist in the development, maintenance, and
expansion of international markets for United States agricultural
commodities and products, including natural fiber textiles and
yarns. Priority in the allocation of such guarantee authority
shall be given to credit guarantees that facilitate the financing
of (i) export sales to countries that have demonstrated the
greatest repayment capability under the export credit programs
carried out by the Commodity Credit Corporation or (ii) export
sales of commodities for which no blended credit (under which a
combination of export credit guarantees under the GSM-102 program
and direct export credits under the GSM-5 program is provided)
will be made available.
SEC. 108. Within 120 days of the enactment of this legislation, the
President shall transmit to Congress a classified and unclassified
version of a report on the whereabouts of military equipment transferred
since 1980 from the United States to the Government of El Salvador, and
the whereabouts of Salvadoran military personnel trained with United
States military aid funds.
SEC. 109. If at any time following the appropriation of funds herein
the duly elected President of El Salvador should be prevented from
taking office by military force or military decree or after taking
office shall be deposed by military force or military decree, all funds
appropriated herein for El Salvador and not theretofore obligated or
expended shall not thereafter be available for obligation or expenditure
unless reappropriated by Congress.
SEC. 110. On Sunday, March 25, 1984, a remarkable exercise in
democracy in the conduct of a free and honest election within the
Republic of El Salvador took place, with approximately 70 percent
participation by eligible voters despite intense guerrilla efforts to
intimidate and to sabotage the election.
Since the success of the Government of El Salvador in the conduct of
this election against the guerrilla efforts to disrupt and invalidate it
depended both upon the courage, good spirits and determination of the
Salvadoran people to freely choose their President and Vice President,
and upon the ability of Salvadoran armed forces to safeguard voters and
election officials against the guerrillas.
Since within 30 days of certification of the results of the March 25
election a runoff election is required under the Salvadoran Constitution
and election law, since no candidate won a majority of the vote at the
March 25 election.
Since the armed forces of El Salvador, unless immediately resupplied
by the United States with equipment arms and ammunition which are in
critically short supply, are threatened with being unable to provide the
same needed protection for the runoff election, and with suffering
generally a dangerously reduced capacity to safeguard the Salvadoran
people against the terrorism of the guerrillas.
Therefore, the Senate finds that the policy of the United States
should be to immediately provide such additional equipment, arms, and
ammunition as will allow the armed forces of El Salvador to provide
needed protection to the Salvadoran people both at the runoff election
and in their daily lives; and ultimately to so suppress guerrilla
terrorism as to make possible the revival of economic activity with El
Salvador.
SEC. 113. (a) Notwithstanding any other provision of law,
organizations reporting to the Assistant Secretary of Interior for Fish
and Wildlife and Parks shall enter into contracts which result in
releasing or transferring any Federal employees or liquidating any
equipment or materials as a result of complying with the Office of
Management and Budget Circular A-76 for the 62 activities scheduled for
review by the National Park Service by March 30, 1984, and the 94
activities scheduled for review by the United States Fish and Wildlife
Service by September 30, 1984, only after the following conditions have
been met:
(1) the study supporting each contract required by the Office
of Management and Budget Circular A-76 is completed, including the
bidding process and review of bids;
(2) the organizations have had 30 days to review the bid
results and to transmit recommendations to the appropriate House
and Senate Committees as to which activities should be contracted;
and
(3) 30 days have elapsed since the transmittal required by
paragraph (2).
(b) All recommendations to be submitted shall be submitted by October
30, 1984.
(c) The organizations shall not solicit bids related to other
Circular A-76 reviews before January 30, 1985.
Approved July 2, 1984.
LEGISLATIVE HISTORY -- H.J. Res. 492:
HOUSE REPORTS: No. 98-604 (Comm. on Appropriations) and No. 98-792
(Comm. of Conference).
SENATE REPORT No. 98-365 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 130 (1984):
Mar. 6, considered and passed House.
Mar. 22, 26-30, Apr. 2-5, considered and passed Senate,
amended.
May 24, House agreed to conference report, and concurred in
certain Senate amendments and in others with amendments.
June 25, Senate to conference report, concurred in House
amendments, and tabled Senate amendment no. 14.
June 26, House concurred in Senate action.
PUBLIC LAW 98-331, 98 STAT. 282
Whereas the oceans are the major source of the waters on planet Earth
providing an essential link in the chain of human existence;
Whereas the ocean environment provides us with a wealth of products
and services but is increasingly subject to stress caused by population
growth, economic development, placement of energyrelated facilities,
extraction of mineral resources and fossil fuels, transportation and
navigation, waste disposal, and harvesting of living marine resources;
Whereas America is the steward of the resources of the ocean and
coastal regions that border our Nation and this stewardship entails a
responsibility to match our increased uses of marine resources with an
increased vigilance of the well-being of the marine environment;
Whereas it is important to educate Americans as the users of ocean
products and the beneficiaries of our ocean heritage, to the role the
world ocean plays in our lives;
Whereas a "Year of the Ocean' will be used to expand public awareness
and knowledge of the importance of the ocean and its resources; and
Whereas it is fitting and proper that "Ocean Day' be the first day of
celebration during the "Year of the Ocean': Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That July 1, 1984, to July 1,
1985, be designated "Year of the Ocean', and the President is requested
to issue a proclamation calling upon the people of the United States to
observe such celebration with appropriate activities.
Approved July 2, 1984.
LEGISLATIVE HISTORY -- S.J. Res. 257:
CONGRESSIONAL RECORD, Vol. 130 (1984):
June 8, considered and passed Senate.
June 26, considered and passed House.
PUBLIC LAW 98-330, 98 STAT. 281
Whereas the principle of providing preference in Federal civilian
employment for veterans of the Armed Forces was first established in law
in 1865 when Congress provided such a preference for Civil War veterans
with service-connected disabilities;
Whereas the enactment of the Veterans' Preference Act of 1944 "58
Stat. 387' on June 27, 1944, was a landmark in the national policy of
veterans' preference in civil service employment and has been
strengthened since by law, Executive orders, and regulations providing
such preference for veterans and the spouses, surviving spouses, and
parents of certain veterans;
Whereas veterans' preference and career merit principles are
inseparable and integral parts of the Federal civil service personnel
system;
Whereas veterans' preference is a partial recognition of the great
debt of gratitude that the Nation owes to its veterans of service in the
Armed Forces; and
Whereas it is appropriate to establish the month of June 1984, the
fortieth anniversary of the enactment of the Veterans' Preference Act of
1944 "58 Stat. 387', as Veterans' Preference Month to honor the men and
women who have served the United States in the Armed Forces: 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 June 1984 is
hereby designated as "Veterans' Preference Month'. The President is
authorized and requested to issue a proclamation calling upon the
departments and agencies of the United States and interested
organizations and groups to observe such month with appropriate
programs, ceremonies, and activities.
Approved June 30, 1984.
LEGISLATIVE HISTORY -- S.J. Res. 297:
CONGRESSIONAL RECORD, Vol. 130 (1984):
June 15, considered and passed Senate.
June 26, considered and passed House.
Public Law 98-329, 98 Stat. 280
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That, notwithstanding
the schedule requirements of section 202(a) of the Controlled Substances
Act (21 U.S.C. 812(a)) and the requirements of section 201 of such Act
(21 U.S.C. 811) respecting the scheduling of controlled substances, the
Attorney General shall, by order, transfer methaqualone from schedule II
of such Act to schedule I of such Act. The transfer shall take effect
not later than the expiration of ninety days from the date of the
enactment of this Act.
SEC. 2. Effective thirty days after the date methaqualone is
transferred to schedule I of the Controlled Substances Act, the
Secretary of Health and Human Services shall by order withdraw the
approval under section 505 of the Federal Food, Drug, and Cosmetic Act
"21 USC 355" of the new drug application for methaqualone.
Approved June 29, 1984.
LEGISLATIVE HISTORY -- H.R. 4201:
HOUSE REPORT No. 98-534 (Comm. on Energy and Commerce).
CONGRESSIONAL RECORD: Vol. 129 (1983): Nov. 16, considered and
passed House. Vol. 130 (1984): June 15, considered and passed Senate.
Public Law 98-328, 98 Stat. 272
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may be
referred to as the "Oregon Wilderness Act of 1984".
SEC. 2. (a) The Congress finds that --
(1) many areas of undeveloped National Forest System land in
the State of Oregon possess outstanding natural characteristics
which give them high value as wilderness and will, if properly
preserved, contribute as an enduring resource of wilderness for
the benefit of the American people;
(2) the Department of Agriculture's second roadless area review
and evaluation (RARE II) of National Forest System lands in the
State of Oregon and the related congressional review of such lands
have identified areas which, on the basis of their landform,
ecosystem, associated wildlife, and location, will help to fulfill
the National Forest System's share of a quality National
Wilderness Preservation System; and
(3) the Department of Agriculture's second roadless area review
and evaluation of National Forest System lands in the State of
Oregon and the related congressional review of such lands have
also identified areas which do not possess outstanding wilderness
attributes or which possess outstanding energy, mineral, timer,
grazing, dispersed recreation and other values and which should
not now be designated as components of the National Wilderness
Preservation System but should be available for nonwilderness
multiple uses under the land management planning process and other
applicable laws.
(b) The purposes of this Act are to --
(1) designate certain National Forest System lands and certain
public lands in the State of Oregon as components of the National
Wilderness Preservation System, in order to promote, perpetuate,
and preserve the wilderness character of the lands, protect
watersheds and wildlife habitat, preserve scenic and historic
resources, and promote scientific research, primitive recreation,
solitude, physical and mental challenge, and inspiration for the
benefit of all the American people, to a greater extent than is
possible in the absence of wilderness designation; and
(2) insure that certain other National Forest System lands in
the State of Oregon be available for nonwilderness multiple use.
SEC. 3. "16 USC 1131 note" In furtherance of the purpose of the
Wilderness Act the following lands in the State of Oregon comprising
approximately eight hundred fifty-nine thousand six hundred acres and as
generally depicted on maps appropriately referenced, dated May 1984;
are hereby designated as wilderness, and therefore, as components of the
National Wilderness Preservation System --
(1) certain lands in the Mount Hood National Forest, which "16
USC 1132 note" comprise approximately thirty-nine thousand acres,
are generally depicted on a map entitled "Columbia Wilderness --
Proposed", and which shall be known as the Columbia Wilderness;
(2) certain lands in the Mount Hood National Forest, which "16
USC 1132 note" comprise approximately forty-four thousand six
hundred acres, are generally depicted on a map entitled
"Salmon-Huckleberry Wilderness -- Proposed", and which shall be
known as the Salmon-Huckleberry Wilderness;
(3) certain lands in the Mount Hood National Forest, which "16
USC 1132 note" comprise approximately twenty-four thousand acres,
are generally depicted on a map entitled "Badger Creek Wilderness
-- Proposed", and which shall be known as the Badger Creek
Wilderness;
(4) certain lands in the Mount Hood National Forest and the "16
USC 1132 note" Willamette National Forest, which comprise
approximately thirty-four thousand nine hundred acres, are
generally depicted on a map entitled "Bull of the Woods Wilderness
-- Proposed", and which shall be known as the Bull of the Woods
Wilderness;
(5) certain lands in the Siuslaw National Forest, which "16 USC
1132 note" comprise approximately five thousand eight hundred
acres, are generally depicted on a map entitled "Drift Creek
Wilderness -- Proposed", and which shall be known as the Drift
Creek Wilderness;
(6) certain lands in the Siuslaw National Forest, which "16 USC
1132 note" comprise approximately seven thousand four hundred
acres, are generally depicted on a map entitled "Rock Creek
Wilderness -- Proposed", and which shall be known as the Rock
Creek Wilderness;
(7) certain lands in the Siuslaw National Forest, which "16 USC
1132 note" comprise approximately nine thousand three hundred
acres, are generally depicted on a map entitled "Cummins Creek
Wilderness -- Proposed", and which shall be known as the Cummins
Creek Wilderness;
(8) certain lands in the Umpqua National Forest, which "16 USC
1132 note" comprise approximately nineteen thousand one hundred
acres, are generally depicted on a map entitled "Boulder Creek
Wilderness -- Proposed", and which shall be known as the Boulder
Creek Wilderness;
(9) certain lands in the Umpqua and Rogue River National "16
USC 1132 note" Forests, which comprise approximately thirty-three
thousand two hundred acres, are generally depicted on a map
entitled "Rogue-Umpqua Divide Wilderness -- Proposed", and which
shall be known as the Rogue-Umpqua Divide Wilderness;
(10) certain lands in the Willamette National Forest, "16 USC
1132 note" which comprise approximately thirty-nine thousand two
hundred acres, are generally depicted on a map entitled "Waldo
Lake Wilderness -- Proposed", and which shall be known as the
Waldo Lake Wilderness;
(11) certain lands in the Willamette National Forest, which "16
USC 1132 note" comprise approximately four thousand eight hundred
acres, are generally depicted on a map entitled "Menagerie
Wilderness -- Proposed", and which shall be known as the Menagerie
Wilderness;
(12) certain lands in the Willamette National Forest, which "16
USC 1132 note" comprise approximately seven thousand five hundred
acres, are generally depicted on a map entitled "Middle Santiam
Wilderness -- Proposed", and which shall be known as the Middle
Santiam Wilderness; "16 USC 1132 note"
(13) certain lands in the Siskiyou National Forest, which
comprise approximately seventeen thousand two hundred acres, are
generally depicted on a map entitled "Grassy Knob Wilderness --
Proposed", and which shall be known as the Grassy Knob Wilderness;
16 USC 1132 note"
(14) certain lands in the Siskiyou National Forest, which
comprise approximately three thousand four hundred acres, are
generally depicted on a map entitled "Red Buttes Wilderness --
Proposed", and which shall be known as the Red Buttes Wilderness;
"16 USC 1132 note"
(15) certain lands in the Rogue River and Winema National
Forests, which comprise approximately one hundred sixteen thousand
three hundred acres, are generally depicted on a map entitled "Sky
Lake Wilderness -- Proposed", and which shall be known as the Sky
Lakes Wilderness; "16 USC 1132 note"
(16) certain lands in the Ochoco National Forest, which
comprise approximately five thousand four hundred acres, are
generally depicted on a map entitled "Bridge Creek Wilderness --
Proposed", and which shall be known as the Bridge Creek
Wilderness; "16 USC 1132 note"
(17) certain lands in the Ochoco National Forest, which
comprise approximately seventeen thousand four hundred acres, are
generally depicted on a map entitled "Mill Creek Wilderness --
Proposed", and which shall be known as the Mill Creek Wilderness;
"16 USC 1132 note"
(18) certain lands in the Ochoco National Forest which comprise
approximately thirteen thousand four hundred acres, are generally
depicted on a map entitled "Black Canyon Wilderness -- Proposed",
and which shall be known as the Black Canyon Wilderness; 16 USC
1132 note"
(19) certain lands in the Wallowa-Whitman and Umatilla National
Forests, which comprise approximately one hundred twenty-one
thousand four hundred acres, are generally depicted on a map
entitled "North Fork John Day Wilderness -- Proposed", and which
shall be known as the North Fork John Day Wilderness; "16 USC
1132 note"
(20) certain lands in the Umatilla National Forest, which
comprise approximately twenty thousand two hundred acres, are
generally depicted on a map entitled "North Fork Umatilla
Wilderness -- Proposed", and which shall be known as the North
Fork Umatilla Wilderness; "16 USC 1132 note"
(21) certain lands in the Malheur and Wallowa-Whitman National
Forests, which comprise approximately nineteen thousand eight
hundred acres, are generally depicted on a map entitled "Monument
Rock Wilderness -- Proposed", and which shall be known as the
Monument Rock Wilderness; "16 USC 1132 note"
(22) certain lands located in the Salem District of the Bureau
of Land Management, Oregon, which comprise approximately five
thousand five hundred acres, as generally depicted on a map
entitled "Table Rock Wilderness -- Proposed", and which shall be
known as the Table Rock Wilderness;
(23) certain lands in the Willamette and Mount Hood National
Forests, which comprise approximately six thousand eight hundred
acres, are generally depicted on a map entitled "Mount Jefferson
Wilderness Additions -- Proposed", and which are hereby
incorporated in, and which shall be deemed to be a part of, the
Mount Jefferson Wilderness as designated by Public Law 88-577;
"16 USC 1131 note"
(24) certain lands in the Willamette and Deschutes National
Forests, which comprise approximately six thousand four hundred
acres, are generally depicted on a map entitled "Mount Washington
Wilderness Additions -- Proposed", and which are hereby
incorporated in, and which shall be deemed to be part of, the
Mount Washington Wilderness as designated by Public Law 88-577;
(25) certain lands in the Willamette and Deschutes National
Forests which comprise approximately thirty-eight thousand one
hundred acres, are generally depicted on a map entitled "Three
Sisters Wilderness Additions -- Proposed", and which are hereby
incorporated in, and which shall be deemed to be a part of, the
Three Sisters Wilderness as designated by Public Laws 88-577 and
95-237; "16 USC 1131 note, 1132 note"
(26) certain lands in the Fremont National Forest which
comprise approximately four thousand one hundred acres, are
generally depicted on a map entitled "Gearhart Mountain Wilderness
Additions -- Proposed", and which are hereby incorporated in, and
which shall be deemed to be a part of, the Gearhart Mountain
Wilderness as designated by Public Law 88-577;
(27) certain lands in the Malheur National Forest which
comprise approximately thirty-five thousand three hundred acres,
are generally depicted on a map entitled "Strawberry Mountain
Wilderness Additions -- Proposed", and which are hereby
incorporated in, and which shall be deemed a part of, the
Strawberry Mountain Wilderness as designated by Public Law 88-577;
(28) certain lands in the Wallowa-Whitman National Forest which
comprise approximately sixty-six thousand five hundred acres, are
generally depicted on a map entitled "Eagle Cap Wilderness
Additions -- Proposed", and which are hereby incorporated in, and
which shall be deemed to be a part of, the Eagle Cap Wilderness as
designated by Public Laws 88-577 "16 USC 1131 note" and 92-521;
"86 Stat. 1026"
(29) certain lands in the Wallowa-Whitman National Forest,
which comprise approximately twenty-two thousand seven hundred
acres, are generally depicted on a map entitled "Hells Canyon
Wilderness Additions -- Proposed", and which are hereby
incorporated in, and which shall be deemed to be part of, the
Hells Canyon Wilderness as designated in Public Law 94-199. "16
USC 460gg"
SEC. 4. "16 USC 460oo" (a) In order to conserve, protect, and
manage, in a substantially undeveloped condition, certain National
Forest System lands in the State of Oregon having unique geographic,
topographic, biological, ecological features and possessing significant
scenic, wildlife, dispersed recreation, and watershed values, there is
hereby established, within the Umpqua, Willamette, Winema and Deschutes
National Forests, the Oregon Cascades Recreation Area (hereinafter
referred to in this Act as the "recreation area").
(b) The recreation area shall comprise approximately one hundred
fivty-six thousand nine hundred acres as generally depicted on a map
entitled "Oregon Cascades Recreation Area" dated March 1984. Except as
otherwise provided in this section, the Secretary of Agriculture
(hereinafter referred to as the "Secretary") shall administer and manage
the recreation area in accordance with the laws and regulations
applicable to the National Forest System so as to enhance scenic and
watershed values, wildlife habitat, and dispersed recreation.
(c) The recreation area shall be managed in accordance with plans
prepared in subsection (g) to:
(1) provide a range of recreation opportunities from primitive
to full service developed campgrounds;
(2) provide access for use by the public;
(3) to the extent practicable, maintain the natural and scenic
character of the area; and
(4) provide for the use of motorized recreation vehicles.
(d)(1) Subject to valid existing rights, all mining claims located
within the recreation area shall be subject to such reasonable
regulations as the Secretary may prescribe to insure that mining
activities will, to the maximum extent practicable, be consistent with
the purposes for which the recreation area is established. Any patent
issued after the date of enactment of this Act shall convey title only
to the minerals together with the right to use the surface of lands for
mining purposes subject to such reasonable regulations as the Secretary
shall prescribe.
(2) Effective January 1, 1989, and subject to valid existing rights,
the lands located within the recreation area are hereby withdrawn from
all forms of appropriation under the mining laws and from disposition
under all laws pertaining to the mineral leasing and geothermal leasing
and all amendments thereto.
(e) Within the recreation area, the Secretary may permit, under
appropriate regulations those limited activities and facilities which he
determines necessary for resource protection and management and for
visitor safety and comfort, including --
(1) those necessary to prevent and control wildlife, insects,
diseases, soil erosion, and other damaging agents including timber
harvesting activities necessary to prevent catastrophic mortality
from insects, diseases or fire;
(2) those necessary to maintain or improve wildlife habitat,
water yield and quality, forage production, and dispersed outdoor
recreation opportunities;
(3) livestock grazing, to the extent that such use will not
significantly adversely affect the resources of the recreation
area;
(4) salvage of major timber mortality caused by fire, insects,
disease, blowdown, or other causes when the scenic characteristics
of the recreation area are significantly affected, or the health
and safety of the public is threatened, or the overall protection
of the forested area inside or outside the recreation area might
be adversely affected by failure to remove the dead or damaged
timber;
(5) those developments or facilities necessary for the public
enjoyment and use of the recreation area, when such development or
facilities do not detract from the purposes of the recreation
area; and
(6) public service land occupancies, including power
transmission lines, provided there is no feasible alternative
location, and, the Secretary finds that it is in the public
interest to locate such facilities within the recreation area.
(f) The following lands within the recreation area are hereby "16 USC
1132 note" designated as wilderness and therefore as components of the
National Wilderness Preservation System, and shall, notwithstanding any
other provisions of this section, be administered by the Secretary in
accordance with the applicable provisions of the Wilderness Act:
Certain lands in the Umpqua, Willamette, and Winema National Forests
which comprise approximately fifty-five thousand one hundred acres, are
generally depicted on a map dated March 1984, entitled "Mount Thielsen
Wilderness -- Proposed", and which shall be known as the Mount Thielsen
Wilderness; and certain lands in the Willamette and Deschutes National
Forests, which comprise approximately fifteen thousand seven hundred
acres, are generally depicted on a map dated March 1984, entitled
"Diamond Peak Wilderness Additions -- Proposed", and which are hereby
incorporated in, and which shall be deemed to be a part of, the Diamond
Peak Wilderness as designated in Public Law 88-577. "16 USC 1131 note"
(g) Management direction for the recreation area shall be developed
in either the forest plans developed for the Umpqua, Winema, Deschutes
and Willamette Forests in accordance with section 6 of the Forest and
Rangeland Renewable Resources Planning Act of 1974, "16 USC 1604" as
amended, or in an integrated management plan that shall be prepared
within three years from the date of enactment of this Act and revised in
accordance with the Forest and Rangeland Renewable Resources Planning
Act of 1974, "16 USC 1600 note" as amended. Any plan developed by the
Secretary for the recreation area shall identify and designate specific
and appropriate areas and routes for the use of motorized recreation
vehicles within the recreation area.
SEC. 5. (a) As soon as practicable after this Act "16 USC 4b0oo
note" takes effect, the appropriate Secretary shall file the maps
referred to in sections 3 and 4 of this Act and legal descriptions of
each wilderness area designated by sections 3 and 4 of this Act with the
Committee on Energy and Natural Resources, United States Senate, and the
Committee on Interior and Insular Affairs, House of Representatives, and
each such map and legal description shall have the same force and effect
as if included in this Act: Provided, That correction of clerical and
topographical errors in such legal descriptions and maps may be made.
Each such map and legal description shall be on file and available for
public inspection in the Office of the Chief of the Forest Service,
Department of Agriculture; and the Director, Bureau of Land Management,
Department of the Interior.
(b) Subject to valid existing rights, each wilderness area designated
by sections 3 and 4 of this Act shall be administered by the appropriate
Secretary in accordance with the provisions of the Wilderness Act of
1964 governing areas designated by that Act "16 USC 1131 note" as
wilderness areas, except that, with respect to any areas designated in
sections 3 and 4 of this Act, any reference in such provisions to the
effective date of the Wilderness Act of 1964 shall be deemed to be a
reference to the effective date of this Act, and any reference to the
Secretary of Agriculture shall be deemed to be a reference to the
Secretary who has administrative jurisdiction over the area.
SEC. 6. Congress does not intend that designation of wilderness
areas in the State of Oregon lead to the creation of protective
perimeters or buffer zones around each wilderness area. The fact that
nonwilderness activities or uses can be seen or heard from the areas
within the wilderness shall not, of itself, preclude such activities or
uses up to the boundary of the wilderness area.
SEC. 7. (a) The Congress finds that --
(1) the Department of Agriculture has completed the second
roadless area review and evaluation program (RARE II);
(2) the Congress has made its own review and examination of
National Forest System roadless areas in Oregon and the
environmental impacts associated with alternative allocations of
such areas.
(b) On the basis of such review, the Congress hereby determines and
directs that --
(1) without passing on the question of the legal and factual
sufficiency of the RARE II final environmental statement (dated
January 1979) with respect to national forest lands in States
other than Oregon, such statement shall not be subject to judicial
review with respect to National Forest System lands in the State
of Oregon;
(2) with respect to the National Forest System lands in the
State of Oregon which were reviewed by the Department of
Agriculture in the second roadless area review and evaluation
(RARE II), and those lands referred to in subsection (d), except
those lands remaining in further planning or special management
pursuant to section 4 of this Act upon enactment of this Act, that
review and evaluation or reference shall be deemed for the purpose
of the initial land management plans required for such lands by
the Forest and Rangeland Renewable Resources Planning Act of 1974
"16 USC 1600 note" as amended by the National Forest Management
Act of 1976, "16 USC 1600 note" to be an adequate consideration of
the suitability of such lands for inclusion in the National
Wilderness Preservation System and the Department of Agriculture
shall not be required to review the wilderness option prior to the
revision of the plans, but shall review the wilderness options
when the plans are revised, which revisions will ordinarily occur
on a ten-year cycle, or at least every fifteen years, unless,
prior to such time the Secretary of Agriculture finds that
conditions in a unit have significantly changed;
(3) areas in the State of Oregon reviewed in such final
environmental statement or referenced in subsection (d) and not
designated as wilderness or for special management pursuant to
section 4 of this Act or remaining in further planning upon
enactment of this Act shall be managed for multiple use in
accordance with land management plans pursuant to section 6 of the
Forest and Rangeland Renewable Resources Planning Act of 1974, "16
USC 1604" as amended by the National Forest Management Act of
1976: Provided, That such areas need not be managed for the
purpose of protecting their suitability for wilderness designation
prior to or during revision of the land management plans;
(4) in the event that revised land management plans in the
State of Oregon are implemented pursuant to section 6 of the
Forest and Rangeland Renewable Resources Planning Act of 1974, "16
USC 1604" as amended by the National Forest Management Act of
1976, and other applicable law, areas not recommended for
wilderness designation, need not be managed for the purpose of
protecting their suitability for wilderness designation prior to
or during revision of such plans, and areas recommended for
wilderness designation shall be managed for the purpose of
protecting their suitability for wilderness designation as may be
required by the Forest and Rangeland Renewable Resources Planning
Act of 1974, "16 USC 1600 note" as amended by the National Forest
Management Act of 1976, "16 USC 1600 note" and other applicable
law; and
(5) unless expressly authorized by Congress, the Department of
Agriculture shall not conduct any further statewide roadless area
review and evaluation of National Forest System lands in the State
of Oregon for the purpose of determining their suitability for
inclusion in the National Wilderness Preservation System.
(c) As used in this section, and as provided in section 6 of the
Forest and Rangeland Renewable Resources Planning Act of 1974, "16 USC
1604" as amended by the National Forest Management Act of 1976, the term
"revision" shall not include an "amendment" to a plan.
(d) The provisions of this section shall also apply to:
(1) those National Forest System roadless lands in The Mount
Hood, Siskiyou, Umatilla, Umpqua, Wallowa-Whitman, Willamette, and
Winema National Forests in the State of Oregon which were
evaluated in the Eagle Creek; Roaring River; Mount Butler-Dry
Creek; Oregon Butte; Cougar Bluff-Williams Creek; Grand Ronde;
Wallowa Valley; Willamette; or Chemult unit plans; and
(2) National Forest System roadless lands in the State of
Oregon which are less than five thousand acres in size.
SEC. 8. Subject to valid existing rights, the Federal lands within
the Mill Creek watershed roadless area identified in the Oregon Butte
Unit Plan, which is located in Wallowa and Umatilla Counties in Oregon,
are hereby withdrawn from all forms of location, entry, and patent under
the United States mining laws and from disposition under all laws
pertaining to mineral leasing and all amendments thereto.
Approved June 26, 1984.
LEGISLATIVE HISTORY -- H.R. 1149:
HOUSE REPORT No. 98-13, Pt. 1 (Comm. on Interior and Insular
Affairs).
SENATE REPORT No. 98-465 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD: Vol. 129 (1983): Mar. 21, considered and
passed House. Vol. 130 (1984): May 24, considered and passed Senate,
amended. June 4, 6, House concurred in Senate amendments.
Public Law 98-327, 98 Stat. 270
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 4(4) of the Act entitled "An Act to establish the Great
Dismal Swamp National Wildlife Refuge", approved August 30, 1974 (Public
Law 93-402, 88 Stat. 802), "92 Stat. 341" as amended, is amended to read
as follows:
"(4) for the period beginning October 1, 1977, $34,100,000, to
remain available until expended, of which not to exceed
$22,000,000 shall be available for land acquisition and not to
exceed $12,100,000 shall be available for purposes other than land
acquisition.".
(a) Section 4(a)(1) of the Act entitled the "Minnesota Valley
National Wildlife Refuge Act", approved October 8, 1976 (Public Law
97-466, 90 Stat. 1993), "16 USC 668kk-668ss" is amended by --
(1) striking "9,500" and inserting in lieu thereof "12,500";
and
(2) striking "November 1975" and inserting in lieu thereof
"October 1983".
(b) Section 4(b)(1) of such Act of October 8, 1976 (90 Stat. 1993),
is amended by --
(1) striking ", within 6 years after the date of enactment of
this Act,"; and
(2) adding at the end thereof the following new sentence:
"Notwithstanding any 'least interest' policy, the Secretary shall
accept and acquire by donation any lands, water, and interests
therein, within the boundaries of the refuge, which are offered as
a donation by the State or local government agency, person, or
private organization.".
(c) Section 10(a) of such Act of October 8, 1976 (90 Stat. 1996), is
amended by striking out "$14,500,000 for the period beginning October 1,
1977, and ending September 30, 1983" and inserting in lieu thereof
"$29,500,000, to remain available until expended".
(d) Section 10(b) of such Act of October 8, 1976 (90 Stat. 1996) is
amended by striking out "$6,000,000 for the period beginning October 1,
1977, and ending September 30, 1986" and inserting in lieu thereof
"$9,800,000, to remain available until expended".
Section 5(1) of the Act entitled "An Act to provide for the
establishment of the San Francisco Bay National Wildlife Refuge",
approved June 30, 1972 (Public Law 92-330, 86 Stat. 400), as amended,
"94 Stat. 607" is amended by striking out "the close of September 30,
1983;" and inserting in lieu thereof "expended;".
PLANTS PENDING DISPOSITION OF PROCEEDINGS.
Section 6(d) of the Lacey Act Amendments of 1981 (16 U.S.C. 3375(d))
and section 11(d) of the Endangered Species Act of 1973 (16 U.S.C.
1540(d)) are each amended --
(1) by amending the subsection side heading to read as follows:
"REWARDS AND CERTAIN INCIDENTAL EXPENSES. -- "; and
(2) by amending the first sentence --
(A) by striking out "a reward" and inserting in lieu thereof a
comma;
(B) by inserting "(1) a reward" immediately before "to any
person"; and
(C) by inserting immediately before the period the following:
", and (2) the reasonable and necessary costs incurred by any
person in providing temporary care for any fish, wildlife, or
plant pending the disposition of any civil or criminal proceeding
alleging a violation of this Act with respect to that fish,
wildlife, or plant".
Approved June 25, 1984.
LEGISLATIVE HISTORY -- H.R. 1723:
HOUSE REPORT No. 98-66 (Comm. on Merchant Marine and Fisheries).
SENATE REPORT No. 98-93 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD: Vol. 129 (1983): Apr. 19, considered and
passed House. Nov. 17, considered and passed Senate, amended. Vol. 130
(1984): Feb. 6, House concurred in Senate amendments and in another
with an amendment. June 8, Senate concurred in House amendment.
PUBLIC LAW 98-326, 98 STAT. 269
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) section 731(e)
of title 31, United States Code, is amended --
(1) by striking out "title 5,' and inserting in lieu thereof
"title 5 at rates not in excess of the maximum daily rate for
GS-18 under section 5332 of such title,'; and
(2) in paragraph (1), by striking out "10' and inserting in
lieu thereof "15'.
(b) Section 732(c)(4) of title 31, United States Code, is amended by
striking out "100' and inserting in lieu thereof "119'.
(c) Section 733(c) of title 31, United States Code, is amended by
inserting "(e)(1),' after "(d),'.
SEC. 2. The amendments made by this Act "31 USC 731' shall take
effect beginning on October 1, 1984.
Approved June 22, 1984.
LEGISLATIVE HISTORY -- H.R. 5517 (S. 2689):
CONGRESSIONAL RECORD, Vol. 130 (1984):
May 21, considered and passed House.
June 8, considered and passed Senate.
PUBLIC LAW 98-325, 98 STAT. 268
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) section 402 of
the Act entitled "An Act to establish a uniform Law on the Subject of
Bankruptcies' (Public Law 95-598 "11 USC note prec. 101') is amended in
subsections (b) and (e) by striking out "June 21, 1984' each place it
appears and inserting in lieu thereof "June 28, 1984'.
(b) Section 404 of such Act "28 USC note prec. 151' is amended in
subsections (a) and (b) by striking out "June 20, 1984' each place it
appears and inserting in lieu thereof "June 27, 1984'.
(c) Section 406 of such Act "28 USC note prec. 151' is amended by
striking out "June 20, 1984' each place it appears and inserting in lieu
thereof "June 27, 1984'.
(d) Section 409 of such Act "28 USC note prec. 1471' is amended by --
(1) striking out "June 21, 1984' each place it appears and
inserting in lieu thereof "June 28, 1984'; and
(2) striking out "June 20, 1984' each place it appears and
inserting in lieu thereof "June 27, 1984'.
SEC. 2. The term of office of any bankruptcy judge who was serving on
June 20, 1984, and of any bankruptcy judge who is serving on the date of
the enactment of this Act "28 USC note prec. 151' is extended to and
shall expire on June 27, 1984.
SEC. 3. (a) Section 8339(n) of title 5, United States Code, is
amended by striking out "June 21, 1984' and inserting in lieu thereof
"June 28, 1984'.
(b) Section 8331(22) of title 5, United States Code, is amended by
striking out "June 20, 1984' and inserting in lieu thereof "June 27,
1984'.
Approved June 20, 1984.
LEGISLATIVE HISTORY -- S. 2776:
CONGRESSIONAL RECORD, Vol. 130 (1984):
June 19, considered and passed Senate.
June 20, considered and passed House.
PUBLIC LAW 98-324, 98 STAT. 263
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 "North Carolina Wilderness Act of 1984'.
SEC. 2. In furtherance of the purposes of the Wilderness Act 16 U.S.
C. 1131-1136), the following lands are hereby designated as wilderness
and, therefore, as components of the National Wilderness Preservation
System --
(1) certain lands in the Uwharrie National Forest, North
Carolina, which comprise approximately four thousand seven hundred
and ninety acres, as generally depicted on a map entitled
"Birkhead Mountains Wilderness -- Proposed', dated July 1983, and
which shall be known as the Birkhead Mountains Wilderness; "16
USC 1132'
(2) certain lands in the Croatan National Forest, North
Carolina, which comprise approximately seven thousand six hundred
acres, as generally depicted on a map entitled "Catfish Lake South
Wilderness -- Proposed', dated July 1983, and which shall be known
as the Catfish Lake South Wilderness; "16 USC 1132'
(3) certain lands in the Nantahala National Forest, North
Carolina, which comprise approximately three thousand six hundred
and eighty acres, as generally depicted on a map entitled
"Ellicott Rock Wilderness Addition -- Proposed', dated July 1983,
and which are hereby incorporated in, and shall be deemed to be
part of, the Ellicott Rock Wilderness as designated by Public Law
93-622 "88 Stat. 2096';
(4) certain lands in the Nantahala National Forest, North
Carolina, which comprise approximately two thousand nine hundred
and eighty acres, as generally depicted on a map entitled "Joyce
Kilmer-Slickrock Wilderness Additions -- Proposed', dated July
1983, and which are hereby incorporated in, and shall be deemed to
be part of, the Joyce Kilmer Wilderness as designated by Public
Law 93-622;
(5) certain lands in the Pisgah National Forest, North
Carolina, which comprise approximately three thousand four hundred
acres, as generally depicted on a map entitled "Linville Gorge
Wilderness Additions -- Proposed', dated July 1983, and which are
hereby incorporated in, and shall be deemed to be part of, the
Linville Gorge Wilderness as designated by the Wilderness Act;
"16 USC 1131'
(6) certain lands in the Pisgah National Forest, North
Carolina, which comprise approximately seven thousand nine hundred
acres, as generally depicted on a map entitled "Middle Prong
Wilderness -- Proposed', dated July 1983, and which shall be known
as the Middle Prong Wilderness;
(7) certain lands in the Croatan National Forest, North
Carolina, which comprise approximately eleven thousand acres, as
generally depicted on a map entitled "Pocosin Wilderness --
Proposed', dated July 1983, and which shall be known as the
Pocosin Wilderness; "16 USC 1132'
(8) certain lands in the Croatan National Forest, North
Carolina, which comprise approximately one thousand eight hundred
and sixty acres, as generally depicted on a map entitled "Pond
Pine Wilderness -- Proposed', dated July 1983, and which shall be
known as the Pond Pine Wilderness; "16 USC 1132'
(9) certain lands in the Croatan National Forest, North
Carolina, which comprise approximately nine thousand five hundred
and forty acres, as generally depicted on a map entitled "Sheep
Ridge Wilderness -- Proposed', dated October 1983, and which shall
be known as the Sheep Ridge Wilderness; "16 USC 1132'
(10) certain lands in the Pisgah National Forest, North
Carolina, which comprise approximately five thousand one hundred
acres, as generally depicted on a map entitled "Shining Rock
Wilderness Addition -- Proposed', dated July 1983, and which are
hereby incorporated in, and shall be deemed to be part of, the
Shining Rock Wilderness as designated by the Wilderness Act; and
(11) certain lands in the Nantahala National Forest, North
Carolina, which comprise approximately ten thousand nine hundred
acres, as generally depicted on a map entitled "Southern Nantahala
Wilderness -- Proposed', dated July 1983, and which shall be known
as the Southern Nantahala Wilderness.
SEC. 3. As soon as practicable after enactment of this Act, the
Secretary of Agriculture shall file a map and a legal description of
each wilderness area designated by this Act with the Committee on
Interior and Insular Affairs and the Committee on Agriculture of the
United States House of Representatives and with the Committee on
Agriculture, Nutrition, and Forestry of the United States Senate. Each
such map and description shall have the same force and effect as if
included in this Act, except that correction of clerical and
typographical errors in each such map and description may be made by the
Secretary. Each such map and description shall be on file and available
for public inspection in the Office of the Chief of the Forest Service,
Department of Agriculture.
SEC. 4. Subject to valid existing rights, each wilderness area
designated by this Act shall be administered by the Secretary of
Agriculture in accordance with the provisions of the Wilderness Act
governing areas designated by that Act as wilderness, except that any
reference in such provisions to the effective date of the Wilderness Act
shall be deemed to be a reference to the date of enactment of this Act.
"16 USC 1131'
SEC. 5. (a) The Congress finds that --
(1) the Department of Agriculture has completed the second
roadless area review and evaluation program (RARE II); and
(2) the Congress has made its own review and examination of
National Forest System roadless areas in the State of North
Carolina and of the environmental impacts associated with
alternative allocations of such areas.
(b) On the basis of such review, the Congress hereby determines and
directs that --
(1) without passing on the question of the legal and factual
sufficiency of the RARE II final environmental statement (dated
January 1979) with respect to National Forest System lands in
States other than North Carolina, such statement shall not be
subject to judicial review with respect to National Forest System
lands in the State of North Carolina;
(2) with respect to the National Forest System lands in the
State of North Carolina which were reviewed by the Department of
Agriculture in the second roadless area review and evaluation
(RARE II) and those lands referred to in subsection (d), except
those lands designated for wilderness study upon enactment of this
Act, that review and evaluation or reference shall be deemed for
the purposes of the initial land management plans required for
such lands by the Forest and Rangeland Renewable Resources
Planning Act of 1974 "16 USC 1600', as amended by the National
Forest Management Act of 1976 "16 USC 1600', to be an adequate
consideration of the suitability of such lands for inclusion in
the National Wilderness Preservation System and the Department of
Agriculture shall not be required to review the wilderness option
prior to the revisions of the plans, but shall review the
wilderness option when the plans are revised, which revisions will
ordinarily occur on a ten-year cycle, or at least every fifteen
years, unless, prior to such time, the Secretary of Agriculture
finds that conditions in a unit have significantly changed;
(3) areas in the State of North Carolina reviewed in such final
environmental statement or referenced in subsection (d) and not
designated as wilderness or for wilderness study upon enactment of
this Act shall be managed for multiple use in accordance with land
management plans pursuant to section 6 of the Forest and Rangeland
Renewable Resources Planning Act of 1974 "16 USC 1604', as amended
by the National Forest Management Act of 1976: Provided, That
such areas need not be managed for the purpose of protecting their
suitability for wilderness designation prior to or during revision
of the initial land management plans;
(4) in the event that revised land management plans in the
State of North Carolina are implemented pursuant to section 6 of
the Forest and Rangeland Renewable Resources Planning Act of 1974
"16 USC 1604', as amended by the National Forest Management Act of
1976, and other applicable law, areas not recommended for
wilderness designation need not be managed for the purpose of
protecting their suitability for wilderness designation prior to
or during revision of such plans, and areas recommended for
wilderness designation shall be managed for the purpose of
protecting their suitability for wilderness designation as may be
required by the Forest and Rangeland Renewable Resources Planning
Act of 1974 "16 USC 1600', as amended by the National Forest
Management Act of 1976, "16 USC 1600' and other applicable law;
and
(5) unless expressly authorized by Congress, the Department of
Agriculture shall not conduct any further statewide roadless area
review and evaluation of National Forest System lands in the State
of North Carolina for the purpose of determining their suitability
for inclusion in the National Wilderness Preservation System.
(c) As used in this section, and as provided in section 6 of the
Forest and Rangeland Renewable Resources Planning Act of 1974 "16 USC
1604', as amended by the National Forest Management Act of 1976, the
term "revision' shall not include an "amendment' to a plan.
(d) The provisions of this section shall also apply to National
Forest System roadless lands in the State of North Carolina which are
less than five thousand acres in size.
SEC. 6. (a) In furtherance of the purposes of the Wilderness Act, "16
USC 1131' the following lands shall be reviewed by the Secretary of
Agriculture as to their suitability for preservation as wilderness
during preparation of the initial land management plans pursuant to
section 6 of the Forest and Rangeland Renewable Resources Planning Act
of 1974 "16 USC 1604', as amended --
(1) certain lands in the Pisgah National Forest, North
Carolina, which comprise approximately seven thousand one hundred
and thirty-eight acres, as generally depicted on a map entitled
"Harper Creek Wilderness Study Area', dated July 1983, and which
shall be known as the Harper Creek Wilderness Study Area;
(2) certain lands in the Pisgah National Forest, North
Carolina, which comprise approximately five thousand seven hundred
and eight acres, as generally depicted on a map entitled "Lost
Cove Wilderness Study Area', dated July 1983, and which shall be
known as the Lost Cove Wilderness Study Area;
(3) certain lands in the Nantahala National Forest, North
Carolina, which comprise approximately three thousand two hundred
acres, as generally depicted on a map entitled "Overflow
Wilderness Study Area', dated July 1983, and which shall be known
as the Overflow Wilderness Study Area;
(4) certain lands in the Nantahala National Forest, North
Carolina, which comprise approximately eight thousand four hundred
and ninety acres, as generally depicted on a map entitled
"Snowbird Wilderness Study Area', dated July 1983, and which shall
be known as the Snowbird Wilderness Study Area; and
(5) certain lands in the Pisgah National Forest, North
Carolina, which comprise approximately one thousand two hundred
and eighty acres, as generally depicted on a map entitled "Craggy
Mountain Wilderness Study Area Extension', dated July 1983, and
which are hereby incorporated in the Craggy Mountain Wilderness
Study Area as designated by Public Law 93-622. "88 Stat. 2096'
(b) The Secretary shall submit a report and findings to the President
regarding the review required under this section, and the President
shall submit his recommendations regarding the areas specified in
paragraphs (1) through (5) of subsection (a) to Congress no later than
three years after the date of enactment of this Act.
(c) Subject to valid existing rights, the wilderness study areas
designated by this section shall, until Congress determines otherwise,
be administered by the Secretary so as to maintain their presently
existing wilderness character and potential for inclusion in the
National Wilderness Preservation System. The entire Craggy Mountain
Wilderness Study Area, including the study area designated by Public Law
93-622 "88 Stat. 2096', shall be administered in accordance with this
subsection until Congress determines otherwise.
Approved June 19, 1984.
LEGISLATIVE HISTORY -- H.R. 3960:
HOUSE REPORT No. 98-532, Pt. 1 (Comm. on Interior and Insular
Affairs).
SENATE REPORT No. 98-415 (Comm. on Agriculture, Nutrition, and
Forestry).
CONGRESSIONAL RECORD:
Vol. 129 (1983): Nov. 15, 16, considered and passed House.
Vol. 130 (1984): May 24, considered and passed Senate,
amended.
June 4, House concurred in Senate amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 20, No. 25 (1984):
June 19, Presidential statement.
PUBLIC LAW 98-323, 98 STAT. 259
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 "New Hampshire Wilderness Act of 1984'.
SEC. 101. In furtherance of the purposes of the Wilderness Act (16
U.S.C. 1131-1136), the following lands are hereby designated as
wilderness and, therefore, as components of the National Wilderness
Preservation System:
(1) certain lands in the White Mountatin National Forest, New
Hampshire, which comprise approximately forty-five thousand acres,
as generally depicted on a map entitled "Pemigewasset Wilderness
-- Proposed', dated July 1983, and which shall be known as the
Pemigewasset Wilderness Area "16 USC 1132';
(2) certain lands in the White Mountain National Forest, New
Hampshire, which comprise approximately twenty-five thousand
acres, as generally depicted on a map entitled "Sandwich Range
Wilderness -- Proposed', dated July 1983, and which shall be known
as the Sandwich Range Wilderness "16 USC 1132'; and
(3) certain lands in the White Mountain National Forest, New
Hampshire, which comprise approximately seven thousand acres, as
generally depicted on a map entitled "Presidential Range-Dry River
Wilderness Additions -- Proposed', dated July 1983, and which are
hereby incorporated in and shall be deemed to be a part of the
Presidential Range-Dry River Wilderness as designated by Pulic Law
93-622 "16 USC 1132'.
SEC. 102. As soon as practicable after enactment of this Act, the
Secretary of Agriculture shall file a map and a legal description of
each wilderness area designated by this Act with the Committee on
Interior and Insular Affairs and the Committee on Agriculture of the
United States House of Representatives and with the Committee on
Agriculture, Nutrition, and Forestry of the United States Senate. Each
such map and description shall have the same force and effect as if
included in this Act, except that correction of clerical and
typographical errors in each such map and description may be made by the
Secretary. Each such map and description shall be on file and available
for public inspection in the Office of the Chief of the Forest Service,
Department of Agriculture.
SEC. 103. Subject to valid existing rights, each wilderness area
designated by this Act shall be administered by the Secretary of
Agriculture in accordance with the provisions of the Wilderness Act
governing areas designated by that Act as wilderness, except that any
reference in such provisions to the effective date of the Wilderness Act
shall be deemed to be a reference to the date of enactment of this Act.
"16 USC 1131'
SEC. 104. (a) The Congress finds that --
(1) the Department of Agriculture has completed the second
roadless area review and evaluation program (RARE II); and
(2) the Congress has made its own review and examination of
National Forest System roadless areas in the State of New
Hampshire and of the environmental impacts associated with
alternative allocations of such areas.
(b) On the basis of such review, the Congress hereby determines and
directs that --
(1) without passing on the question of the legal and factual
sufficiency of the RARE II final environmental statement (dated
January 1979) with respect to National Forest System lands in
States other than New Hampshire, such statement shall not be
subject to judicial review with respect to National Forest System
lands in the State of New Hampshire;
(2) with respect to the National Forest System lands in the
State of New Hampshire which were reviewed by the Department of
Agriculture in the second roadless area review and evaluation
(RARE II) and those lands referred to in subsection (d), that
review and evaluation or reference shall be deemed for the
purposes of the initial land management plans required for such
lands by the Forest and Rangeland Renewable Resources Planning Act
of 1974, "16 USC 1600' as amended by the National Forest
Management Act of 1976 "16 USC 1600', to be an adequate
consideration of the suitability of such lands for inclusion in
the National Wilderness Preservation System and the Department of
Agriculture shall not be required to review the wilderness option
prior to the revisions of the plans but shall review the
wilderness option when the plans are revised, which revisions will
ordinarily occur on a ten-year cycle, or at least every fifteen
years, unless, prior to such time, the Secretary of Agriculture
finds that conditions in a unit have significantly changed;
(3) areas in the State of New Hampshire reviewed in such final
environmental statement or referenced in subsection (d) and not
designated wilderness upon enactment of this Act shall be managed
for multiple use in accordance with land management plans pursuant
to section 6 of the Forest and Rangeland Renewable Resources
Planning Act of 1974, "16 USC 1604' as amended by the National
Forest Management Act of 1976: Provided, That such areas need not
be managed for the purpose of protecting their suitability for
wilderness designation prior to or during revision of the initial
land management plans; and
(4) in the event that revised land management plans in the
State of New Hampshire are implemented pursuant to section 6 of
the Forest and Rangeland Renewable Resources Planning Act of 1974,
"16 USC 1604' as amended by the National Forest Management Act of
1976, and other applicable law, areas not recommended for
wilderness designation need not be managed for the purpose of
protecting their suitability for wilderness designation prior to
or during revision of such plans, and areas recommended for
wilderness designation shall be managed for the purpose of
protecting their suitability for wilderness designation as may be
required by the Forest and Rangeland Renewable Resources Planning
Act of 1974 "16 USC 1600', as amended by the National Forest
Management Act of 1976 "16 USC 1600', and other applicable law.
(c) As used in this section, and as provided in section 6 of the
Forest and Rangeland Renewable Resources Planning Act of 1974 "16 USC
1604', as amended by the National Forest Management Act of 1976, the
term "revision' shall not include an "amendment' to a plan.
(d) The provisions of this section shall also apply to --
(1) those National Forest System roadless lands in the State of
New Hampshire which were evaluated in the Kancamagus, Waterville
Valley, and Presidential unit plans; and
(2) National Forest System roadless lands in the State of New
Hampshire which are less than five thousand acres in size.
(e) The Kilkenny Unit Plan Area, as depicted on a map entitled
"Kilkenny Unit Plan Area', dated October 1983, shall be considered for
all uses, including wilderness, during preparation of a forest plan for
the White Mountain National Forest pursuant to section 6 of the Forest
and Rangeland Renewable Resources Planning Act of 1974 "16 USC 1604', as
amended by the National Forest Management Act of 1976.
(f) The provisions of this section shall not apply to any lands in
the White Mountain National Forest located within the State of Maine.
SEC. 201. Section 5(a) of the Wild and Scenic Rivers Act (Public Law
90-542; 82 Stat. 906, as amended) "16 USC 1276' is further amended by
adding at the end thereof the following new paragraph:
"(89) Wildcat Brook, New Hampshire: The segment from its
headwaters including the principal tributaries to its confluence
with the Ellis River. The study authorized in this paragraph
shall be completed no later than six years from the date of
enactment of this paragraph and an interim report shall be
prepared and submitted to the Congress no later than three years
from the date of enactment of this paragraph.'.
SEC. 301. In order to develop and preserve recreational
opportunities, maintain long-term public access, and provide the
watershed protection and controlled timber harvesting associated with
National Forest System ownership, the Secretary of Agriculture is
authorized to purchase, under the provisions of the Weeks Act of March
1, 1911 (16 U.S.C. 480 et seq.) "16 USC 552', certain lands contiguous
to the White Mountain National Forest, New Hampshire, comprising
approximately four thousand acres, as generally depicted on the map
entitled "Pilot Range Tracts', dated 1984. The maps and legal
description of the boundary of such lands shall be on file and available
for public inspection in the office of the Chief of the Forest Service,
Department of Agriculture, and appropriate field offices of the Forest
Service.
SEC. 302. All lands purchased pursuant to section 301 of this title
are hereby added to the White Mountain National Forest, and shall be
administered in accordance with the laws, rules, and regulations
applicable with respect to lands in the National Forest System.
SEC. 303. For the purpose of section 7 of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 4601-9) "16 USC 460l-9', the
boundary of the White Mountain National Forest, as modified by this
title, shall be treated as if it were the boundary of that forest as of
January 1, 1965.
SEC. 304. There are hereby authorized to be appropriated such sums as
are necessary to carry out the provisions of this title.
Approved June 19, 1984.
LEGISLATIVE HISTORY -- H.R. 3921:
HOUSE REPORT No. 98-545, Pt. 1 (Comm. on Interior and Insular
Affairs).
SENATE REPORT No. 98-414 (Comm. on Agriculture, Nutrition, and
Forestry).
CONGRESSIONAL RECORD:
Vol. 129 (1983): Nov. 15, considered and passed House.
Vol. 130 (1984): May 24, considered and passed Senate,
amended.
June 6, House concurred in Senate amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 20, No. 25 (1984):
June 19, Presidential statement.
PUBLIC LAW 98-322, 98 STAT. 253
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 "Vermont Wilderness Act of 1984'.
SEC. 101. (a) Congress finds that --
(1) in the vicinity of major population centers and in the more
populous eastern half of the United States there is an urgent need
to identify, designate, and preserve areas of wilderness by
including suitable lands within the National Wilderness
Preservation System;
(2) in recognition of this urgent need, certain suitable lands
in the National Forest System in Vermont were designated by
Congress as wilderness in 1975;
(3) there exist in the National Forest System in the vicinity
of major population centers and in Vermont additional areas of
undeveloped land which meet the definition of wilderness in
section 2(c) of the Wilderness Act; "16 USC 1131'
(4) lands in Vermont which are suitable for designation as
wilderness are increasingly threatened by the pressures of a
growing and concentrated population, expanding settlement,
spreading mechanization, and development and uses inconsistent
with the protection, maintenance, and enhancement of their
wilderness character; and
(5) the Wilderness Act "16 USC 1131' establishes that an area
is qualified and suitable for designation as wilderness which (i)
though man's works may have been present in the past, has been or
may be so restored by natural influences as to genrally appear to
have been affected primarily by the forces of nature, with the
imprint of man's work substantially unnoticeable, and (ii) may,
upon designation as wilderness, contain certain preexisting,
nonconforming uses, improvements, structures, or installations;
and Congress has reaffirmed these established policies in the
designation of additional areas since enactment of the Wilderness
Act, exercising its sole authority to determine the suitability of
such areas for designation as wilderness.
(b) The purpose of this title is to designate certain National Forest
System lands in the State of Vermont as components of the National
Wilderness Preservation System, in order to preserve such areas as an
enduring resource of wilderness which shall be managed to perpetuate and
protect watersheds and wildlife habitat, preserve scenic and historic
resources, and promote scientific research, primitive recreation,
solitude, physical and mental challenge, and inspiration for the benefit
of all Americans to a greater extent than is possible in the absence of
wilderness designation.
SEC. 102. In furtherance of the purposes of the Wilderness Act (16
U.S.C. 1131-1136), the following lands in the State of Vermont are
designated as wilderness and, therefore, as components of the National
Wilderness Preservation System:
(1) certain lands in the Green Mountain National Forest,
Vermont, which comprise approximately twenty-one thousand four
hundred and eighty acres, as generally depicted on a map entitled
"Breadloaf Wilderness -- Proposed', dated Sptember 1983, and which
shall be known as the Breadloaf Wilderness; "16 USC 1132'
(2) certain lands in the Green Mountain National Forest,
Vermont, which comprise approximately six thousand seven hundred
and twenty acres, as generally depicted on a map entitled "Big
Branch Wilderness -- Proposed', dated September 1983, and which
shall be known as the Big Branch Wilderness; "16 USC 1132'
(3) certain lands in the Green Mountain National Forest,
Vermont, which comprise approximately six thousand nine hundred
and twenty acres, as generally depicted on a map entitled "Peru
Peak Wilderness -- Proposed', dated September 1983, and which
shall be known as the Peru Peak Wilderness; "16 USC 1132'
(4) certain lands in the Green Mountain National Forest,
Vermont, which comprise approximately one thousand and eighty
acres, as generally depicted on a map entitled "Lye Brook
Additions -- Proposed', dated September 1983, and which are hereby
incorporated in, and shall be deemed to be a part of, the Lye
Brook Wilderness as designated by Public Law 93-622; "88 Stat.
2096' and
(5) certain lands in the Green Mountain National Forest,
Vermont, which comprise approximately five thousand and sixty
acres, as generally depicted on a map entitled "George D. Aiken
Wilderness -- Proposed', dated September 1983, and which shall be
known as the George D. Aiken Wilderness. "16 USC 1132'
SEC. 103. As soon as practicable after enactment of this Act, the
Secretary of Agriculture shall file a map and a legal description of
each wilderness area designated by this title with the Committee on
Interior and Insular Affairs and the Committee on Agriculture of the
United States House of Representatives and with the Committee on
Agriculture, Nutrition, and Forestry of the United States Senate. Each
such map and description shall have the same force and effect as if
included in this title, except that correction of clerical and
typographical errors in each such map and description may be made by the
Secretary. Each such map and description shall be on file and available
for public inspection in the Office of the Chief of the Forest Service,
Department of Agriculture.
SEC. 104. (a) Subject to valid existing rights, each wilderness area
designated by this title shall be administered by the Secretary of
Agriculture in accordance with the provisions of the Wilderness Act
governing areas designated by that Act as wilderness, except that any
reference in such provisions to the effective date of the Wilderness Act
"16 USC 1131' shall be deemed to be a reference to the date of enactment
of this title.
(b) As provided in section 4(d)(8) of the Wilderness Act, "16 USC
1133' nothing in this title shall be construed as affecting the
jurisdiction or responsibilities of the State of Vermont with respect to
wildlife and fish in the national forest in the State of Vermont.
(c) Notwithstanding any provision of the Wilderness Act "16 USC 1131'
or any other provision of law, the Appalachian Trail and related
structures, the Long Trail and related structures, and the associated
trails of the Appalachian Trail and the Long Trail in Vermont may be
maintained.
SEC. 105. (a) Congress finds that --
(1) the Department of Agriculture has completed the second
roadless area review and evaluation program (RARE II); and
(2) Congress has made its own review and examination of
National Forest System roadless areas in the State of Vermont and
of the environmental impacts associated with alternative
allocations of such areas.
(b) On the basis of such review, Congress hereby determines and
directs that --
(1) without passing on the question of the legal and factual
sufficiency of the RARE II final environmental statement (dated
January 1979) with respect to National Forest System lands in
States other than Vermont such statement shall not be subject to
judicial review with respect to National Forest System lands in
the State of Vermont;
(2) with respect to the National Forest System lands in the
State of Vermont which were reviewed by the Department of
Agriculture in the second roadless area review and evaluation
(RARE II) and those lands referred to in subsection (d), that
review and evaluation or reference shall be deemed for the
purposes of the initial land management plans required for such
lands by the Forest and Rangeland Renewable Resources Planning Act
of 1974, "16 USC 1600' as amended by the National Forest
Management Act of 1976 "16 USC 1600' to be an adequate
consideration of the suitability of such lands for inclusion in
the National Wilderness Preservation System and the Department of
Agriculture shall not be required to review the wilderness option
prior to the revisions of the plans, but shall review the
wilderness option when the plans are revised, which revisions will
ordinarily occur on a ten-year cycle, or at least every fifteen
years, unless, prior to such time, the Secretary of Agriculture
finds that conditions in a unit have significantly changed;
(3) areas in the State of Vermont reviewed in such final
environmental statement or referenced in subsection (d) and not
designated as wilderness or for special management pursuant to
section 204 of this Act upon enactment of this Act shall be
managed for multiple use in accordance with land management plans
pursuant to section 6 of the Forest and Rangeland Renewable
Resources Planning Act of 1974, as amended by the National Forest
Management Act of 1976: "16 USC 1604' Provided, That such areas
need not be managed for the purpose of protecting their
suitability for wilderness designation prior to or during revision
of the initial land management plans; and
(4) in the event that revised land management plans in the
State of Vermont are implemented pursuant to section 6 of the
Forest and Rangeland Renewable Resources Planning Act of 1974, as
amended by the National Forest Management Act of 1976 "16 USC
1604', and other applicable law, areas not recommended for
wilderness designation need not be managed for the purpose of
protecting their suitability for wilderness designation prior to
or during revision of such plans, and areas recommended for
wilderness designation shall be managed for the purpose of
protecting their suitability for wilderness designation as may be
required by the Forest and Rangeland Renewable Resources Planning
Act of 1974, "16 USC 1600' as amended by the National Forest
Management Act of 1976, and other applicable law.
(c) As used in this section, and as provided in section 6 of the
Forest and Rangeland Renewable Resources Planning Act of 1974, "16 USC
1600' as amended by the National Forest Management Act of 1976, "16 USC
1604' the term "revision' shall not include an "amendment' to a plan.
(d) The provisions of this section shall also apply to National
Forest System roadless lands in the State of Vermont which are less than
five thousand acres in size.
SEC. 201 "16 USC 460nn' (a) Congress finds that --
(1) Vermont is a beautiful but small and rural State, situated
near four large cities with combined metropolitan populations of
over fifteen million;
(2) geographic and topographic characteristics of Vermont
provide opportunities for large numbers of people to experience
the beauty of primitive areas, but also place unusual pressure to
provide options to maximize the availability of such lands for a
variety of forms of recreation;
(3) certain lands designated as the Big Branch and Peru Peak
Wilderness Areas by title I of this Act are suitable for inclusion
as part of the national recreation area; and
(4) certain other lands in the Green Mountain National Forest
not designated as wilderness by this Act are of a predominantly
roadless nature and possess outstanding wild values that are
important for primitive and semiprimitive recreation, watershed
protection wildlife habitat, ecological study, education, and
historic and archeological resources, and are deemed suitable for
preservation and protection as part of a national recreation area.
(b) The purpose of this title is to designate certain National Forest
System lands int he State of Vermont as the White Rocks National
Recreation Area in order to preserve and protect their existing
wilderness and wild values and to promote wild forest and aquatic
habitat for wildlife, watershed protection, opportunities for primitive
and semiprimitive recreation, and scenic, ecological, and scientific
values.
SEC. 202 "16 USC 460nn-1'. In furtherance of the findings and
purposes of this title, certain lands in the Green Mountain National
Forest, Vermont, which comprise approximately thirty-six thousand four
hundred acres, as generally depicted on a map entitled "White Rocks
National Recreation Area -- Proposed', dated September 1983, are hereby
designated as the White Rocks National Recreation Area.
SEC. 203 "16 USC 460nn-2'. As soon as practicable after enactment of
this Act the Secretary of Agriculture shall file a map and legal
description of the national recreation area designated by this title
with the Committee on Interior and Insular Affairs and the Committee on
Agriculture of the United States House of Representatives and with the
Committee on Agriculture, Nutrition, and Forestry of the United States
Senate. Such map and description shall have the same force and effect
as if included in this title, except that correction of clerical and
typographical errors in such map and description may be made by the
Secretary. Such map and description shall be on file and available for
public inspection in the Office of the Chief of the Forest Service,
Department of Agriculture.
SEC. 204 "16 USC 460nn-3'. (a) Subject to valid existing rights, the
White Rocks National Recreation Area designated by this title shall be
administered by the Secretary of Agriculture in accordance with the
findings and purpose of this title and the laws, rules, and regulations
applicable to the national forests in a manner compatible with the
following objectives:
(1) the continuation of existing primitive and semiprimitive
recreational use in a natural environment;
(2) utilization of natural resources shall be permitted only if
consistent with the findings and purposes in this title;
(3) preservation and protection of forest and aquatic habitat
for fish and wildlife; and
(4) protection and conservation of special areas having
uncommon or outstanding wilderness, biological, geological,
recreational, cultural, historical or archeological, and
scientific, or other values contributing to the public benefit.
(b) Notwithstanding any other provision of law, federally-owned lands
within the White Rocks National Recreation Area as designated by this
title are hereby withdrawn from all forms of appropriation under the
mineral leasing laws, including all laws pertaining to geothermal
leasing, and all amendments thereto.
(c) The Secretary shall permit hunting, fishing, and trapping on
lands and waters under the Secretary's jurisdiction within the
boundaries of the national recreation area designated by this title in
accordance with applicable laws of the United States and the State of
Vermont.
(d) Within eighteen months after the date of enactment of this Act,
the Secretary shall develop and submit to the Committee on Interior and
Insular Affairs and the Committee on Agriculture of the United States
House of Representatives and to the Committee on Agriculture, Nutrition,
and Forestry of the United States Senate a comprehensive management plan
for the national recreation area designated by this title.
(e) In conducting the reviews and preparing the comprehensive
management plan required by subsection (d), the Secretary shall provide
for full public participation, shall consider the views of all
interested agencies, organizations, and individuals, and shall
particularly emphasize the values enumerated in section 201(a)(4) of
this title.
Approved June 19, 1984.
LEGISLATIVE HISTORY -- H.R. 4198:
HOUSE REPORT No. 98-533, Pt. 1 (Comm. on Interior and Insular
Affairs).
SENATE REPORT No. 98-416 (Comm. on Agriculture, Nutrition, and
Forestry).
CONGRESSIONAL RECORD:
Vol. 129 (1983): Nov. 15, considered and passed House.
Vol. 130 (1984): May 24, considered and passed Senate,
amended.
June 4, House concurred in Senate amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 20, No. 25 (1984):
June 19, Presidential statement.
Public Law 98-321, 98 Stat. 250
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 "Wisconsin Wilderness Act of 1984".
SEC. 2. In furtherance of the purposes of the Wilderness Act (16 U.
S.C. 1131-1136), the following lands are hereby designated as wilderness
and, therefore, as components of the National Wilderness Preservation
System -- "16 USC 1132 note"
(1) certain lands in the Chequamegon National Forest,
Wisconsin, which comprise approximately four thousand two hundred
and thirty-five acres, as generally depicted on a map entitled
"Porcupine Lake", dated November 1983; and
(2) certain lands in the Nicolet National Forest, Wisconsin,
"16 USC 1132 note" which are generally on a map dated November
1983, and which are known as --
(A) "Kimball Creek", comprising approximately seven thousand
five hundred and twenty-seven acres;
(B) "Headwaters of the Pine", comprising approximately eight
thousand eight hundred and seventy-two acres; and
(C) "Shelp Lake", comprising approximately three thousand seven
hundred and five acres.
SEC. 3. As soon as practicable after enactment of this Act, the
Secretary of Agriculture shall file a map and a legal description of
each wilderness area designated by this Act with the Committee on
Interior and Insular Affairs and the Committee on Agriculture of the
United States House of Representatives and with the Committee on
Agriculture, Nutrition, and Forestry of the United States Senate. Each
such map and description shall have the same force and effect as if
included in this Act, except that correction of clerical and
typographical errors in each such map and description may be made by the
Secretary. Each such map and description shall be on file and available
for public inspection in the Office of the Chief of the Forest Service,
Department of Agriculture.
SEC. 4. Subject to valid existing rights, the wilderness area
designated by this Act shall be administered by the Secretary of
Agriculture in accordance with the provisions of the Wilderness Act "16
USC 1131 note" governing areas designated by that Act as wilderness,
except that any reference in such provisions to the effective date of
the Wilderness Act "16 USC 1131 note" shall be deemed to be a reference
to the date of enactment of this Act.
SEC. 5. (a) The Congress finds that --
(1) the Department of Agriculture has completed the second
roadless area review and evaluation program (RARE II); and
(2) the Congress has made its own review and examination of
National Forest System roadless areas in the State of Wisconsin
and of the environmental impacts associated with alternative
allocations of such areas.
(b) On the basis of such review, the Congress hereby determines and
directs that --
(1) without passing on the question of the legal and factual
sufficiency of the RARE II final environmental statement (dated
January 1979) with respect to National Forest System lands in
States other than Wisconsin, such statment shall not be subject to
judicial review with respect to National Forest System lands in
the State of Wisconsin;
(2) with respect to the National Forest System lands in the
State of Wisconsin which were reviewed by the Department of
Agriculture in the second roadless area review and evaluation
(RARE II) and those lands referred to in subsection (d), that
review and evaluation or reference shall be deemed for the
purposes of the initial land management plans required for such
lands by the Forest and Rangeland Renewable Resources Planning Act
of 1974, "16 USC 1600 note" as amended by the National Forest
Management Act of 1976, "16 USC 1600 note" to be an adequate
consideration of the suitability of such lands for inclusion in
the National Wilderness Preservation System and the Department of
Agriculture shall not be required to review the wilderness option
prior to the revisions of the plans, but shall review the
wilderness option when the plans are revised, which revisions will
ordinarily occur on a ten-year cycle, or at least every fifteen
years, unless, prior to such time, the Secretary of Agriculture
finds that conditions in a unit have significantly changed;
(3) areas in the State of Wisconsin reviewed in such final
environmental statement or referenced in subsection (d) and not
designated wilderness upon enactment of this Act shall be managed
for multiple use in accordance with land management plans pursuant
to section 6 of the Forest and Rangeland Renewable Resources
Planning Act of 1974, "16 USC 1604" as amended by the National
Forest Management Act of 1976: Provided, That such areas need not
be managed for the purpose of protecting their suitability for
wilderness designation prior to or during revision of the initial
land management plans;
(4) in the event that revised land management plans in the
State of Wisconsin are implemented pursuant to section 6 of the
Forest and Rangeland Renewable Resources Planning Act of 1974, as
amended by the National Forest Management Act, "16 USC 1604" of
1976, and other applicable law, areas not recommended for
wilderness designation need not be managed for the purpose of
protecting their suitability for wilderness designation prior to
or during revision of such plans, and areas recommended for
wilderness designation shall be managed for the purpose of
protecting their suitability for wilderness designation as may be
required by the Forest and Rangeland Renewable Resources Planning
Act of 1974, "16 USC 1600 note" as amended by the National Forest
Management Act of 1976, "16 USC 1600 note" and other applicable
law; and
(5) unless expressly authorized by Congress, the Department of
Agriculture shall not conduct any further statewide roadless area
review and evaluation of National Forest System lands in the State
of Wisconsin for the purpose of determining their suitability for
inclusion in the National Wilderness Preservation System.
(c) As used in this section, and as provided in section 6 of the
Forest and Rangeland Renewable Resources Planning Act of 1974, "16 USC
1604" as amended by the National Forest Management Act of 1976, the term
"revision" shall not include an "amendment" to a plan.
(d) The provisions of this section shall also apply to National
Forest System roadless lands in the State of Wisconsin which are less
than five thousand acres in size.
Approved June 19, 1984.
LEGISLATIVE HISTORY -- H.R. 3578:
HOUSE REPORT No. 98-531, Pt. 1 (Comm. on Interior and Insular
Affairs).
SANATE REPORT No. 98-413 (Comm. on Agriculture, Nutrition, and
Forestry).
CONGRESSIONAL RECORD: Vol. 129 (1983): Nov. 15, 16, considered and
passed House. Vol. 130 (1984): May 24, considered and passed Senate,
amended. June 4, House concurred in Senate amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 20, No. 25 (1984):
June 19, Presidential statement.
PUBLIC LAW 98-320, 98 STAT. 248
Whereas the anniversary of the birth of Helen Keller, the most
accomplished, respected, and renowned deaf-blind American in our
history, falls on June 27; and
Whereas deaf-blindness is one of the most severe of all disabilities,
with respect to which some forty thousand Americans are deprived of two
primary senses; and
Whereas the rubella epidemic of the 1960's, along with other
pathologies, has resulted in deaf-blindness for approximately six
thousand of our children; and
Whereas, because of the severity of deaf-blindness the cost of
educating, training, and rehabilitating persons who are deaf and blind
is high in comparison with other disabilities; and
Whereas this high cost causes many service agencies to be reluctant
to serve deaf-blind persons, thus inhibiting the independence and
self-sufficiency of such persons, and frequently resulting in their
placement in custodial institutions; and
Whereas, although the Helen Keller National Center and its network,
and regional deaf-blind centers serve a portion of this population,
inadequate education, training and rehabilitation services to the
deaf-blind population represents a terrible waste of human lives and
resources, imposing a high economic cost on the Nation; and
Whereas it is in the national interest to prevent this waste of human
resources, foster independence, create opportunities for employment, and
maximize the ability to achieve among our deaf-blind citizens; and
Whereas these objectives can be accomplished only through an
increased public awareness of, and attetion to, the needs, abilities,
and potential contributions to society of persons who are both deaf and
blind; and
Whereas it is highly appropriate to publicize the needs, abilities,
and potential of all deaf-blind persons, and simultaneously to recognize
Helen Keller not only as a beacon of courage and hope for our Nation,
but also as a symbol of what is possible for deaf-blind persons to
achieve: Now, therefore, be it
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 the last week in June of 1984 as "Helen
Keller Deaf-Blind Awareness Week' and calling upon the people of the
United States to observe such week with appropriate ceremonies and
activities.
Approved June 18, 1984.
LEGISLATIVE HISTORY -- S.J. Res. 261:
CONGRESSIONAL RECORD, Vol. 130 (1984):
May 1, considered and passed Senate.
June 6, considered and passed House.
PUBLIC LAW 98-319, 98 STAT. 246
Whereas motor vehicle collisions are the primary cause of death of
children over the age of six months in the United States;
Whereas motor vehicle collisions are the primary cause of the
crippling of children in the United States;
Whereas more children under the age of five years are killed or
crippled as passengers involved in motor vehicle collisions than the
total number of children killed or crippled by the seven most common
childhood diseases: pertussis, tetanus, diphtheria, measles, mumps,
rubella, and polio;
Whereas motor vehicle collisions are the leading trauma related cause
of spinal cord injuries, epilepsy, and mental retardation in the United
States;
Whereas during the years 1978 through 1982 nearly three thousand and
four hundred children under the age of five years were killed in traffic
collisions, and more than two hundred and fifty thousand children were
injured in the United States;
Whereas an unrestrained child is less protected by padding and
energy-absorbing materials than an adult in a motor vehicle collision,
because protective devices are placed in areas more likely to benefit
adults;
Whereas unrestrained children are subject to a significantly higher
risk of serious head, spine, chest and abdominal injury in motor vehicle
collisions than older passengers because the bodies of children are less
developed and provide less protection;
Whereas an unrestrained child in a motor vehicle collision faces an
increased danger of fatal or serious injury from ejection as well as
injuries resulting from contact with the vehicle interior;
Whereas an unrestrained child in a motor vehicle not involved in a
collision may be killed or injured as a result of sudden stops, turns,
swerves, or from the unrestrained child falling from a moving vehicle;
Whereas forty-two States and the District of Columbia have enacted
laws mandating the use of child safety restraint systems;
Whereas only 40 percent of children under the age of five are
protected by child safety seats in the United States and national
surveys show that over 70 percent of such seats are used incorrectly;
Whereas research has shown that the proper use of child restraints is
90 percent effective in preventing death and 67 percent effective in
preventing injury;
Whereas death and injuries may be reduced significantly through
greater public awareness, information, and education: Now, therefore,
be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That June 18, 1984 is
designated as "National Child Passenger Safety Awareness Day' and the
President is authorized and requested to issue a proclamation calling
upon the people of the United States to observe that day with
appropriate programs, ceremonies and activities.
Approved June 18, 1984.
LEGISLATIVE HISTORY -- S.J. Res. 289:
CONGRESSIONAL RECORD, Vol. 130 (1984):
May 22, considered and passed Senate.
June 6, considered and passed House.
PUBLIC LAW 98-318, 98 STAT. 244
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 distinctively
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 national self-determination, human rights, and
religious freedom, and opposed to oppression and imperialism; 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, including those in Africa and
Asia, 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 1984, 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 enslaved 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 15, 1984.
LEGISLATIVE HISTORY -- S.J. Res. 296:
CONGRESSIONAL RECORD, Vol. 130 (1984):
June 8, considered and passed Senate.
June 11, considered and passed House.
PUBLIC LAW 98-317, 98 STAT. 243
Whereas Harmon Killebrew was named to ?? League Baseball's Hall of
Fame on January 10, 1984;
Whereas Harmon Killebrew was a member of eleven American League
All-Star squads and was the first American League player elected at
three positions -- first and third bases and the outfield;
Whereas next to Babe Ruth, Harmon Killebrew is the most prolific home
run hitter in American League history;
Whereas Harmon Killebrew had eight seasons of at least forty home
runs and eight years of one hundred and ten runs batted in;
Whereas Harmon Killebrew was the American League's Most Valuable
Player in 1969, when he hit forty-nine home runs, had one hundred and
forty runs batted in, and had a fielding average of 0.975; and
Whereas Harmon Killebrew hit four home runs in one double header:
Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That June 13, 1984, is
designated "Harmon Killebrew Day', and the President is authorized and
requested to issue a proclamation calling upon the people of the United
States to observe that day with appropriate ceremonies and activities.
Approved June 15, 1984.
LEGISLATIVE HISTORY -- S.J. Res. 285:
CONGRESSIONAL RECORD, Vol. 130 (1984):
May 16, considered and passed Senate.
June 12, considered and passed House.
PUBLIC LAW 98-316, 98 STAT. 242
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 502 of the
District of Columbia Self-Government and Governmental Reorganization Act
(D.C. Code, sec. 47-3406 "87 Stat. 774') is amended by striking out "and
for the fiscal year ending September 30, 1984, and for each fiscal year
ending after September 30, 1984, the sum of $386,000,000' in the first
sentence and inserting in lieu thereof "for the fiscal year ending
September 30, 1984, the sum of $386,000,000; and for the fiscal year
ending September 30, 1985, and for each fiscal year ending after
September 30, 1985, the sum of $425,000,000'.
Approved June 12, 1984.
LEGISLATIVE HISTORY -- H.R. 5308:
HOUSE REPORT No. 98-736 (Comm. on the District of Columbia).
CONGRESSIONAL RECORD, Vol. 130 (1984):
May 14, considered and passed House.
May 24, considered and passed Senate.
Public Law 98-315, 98 Stat. 241
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 723(a) of
the District of Columbia Self-Government and Governmental Reorganization
Act (D.C. Code, sec. 47-421 note) is amended by striking out "October 1,
1982, or the date of enactment of the appropriation Act for the fiscal
year ending September 30, 1983, for the government of the District of
Columbia, whichever is later" in the first sentence and inserting in
lieu thereof "October 1, 1983, or the date of enactment of the
appropriation Act for the fiscal year ending September 30, 1984, for the
government of the District of Columbia, whichever is later".
Approved June 12, 1984.
LEGISLATIVE HISTORY -- H.R. 3547:
HOUSE REPORT No. 98-302 (Comm. on the District of Columbia).
SENATE REPORT No. 98-447 (Comm. on Governmental Affairs).
CONGRESSIONAL RECORD: Vol. 129 (1983): July 25, considered and
passed House. Vol. 130 (1984): May 24, considered and passed Senate.
Public Law 98-314, 98 Stat. 237
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled.
SECTION 1. "36 USC 2401" American Gold Star Mothers, Incorporated,
organized and incorporated under the laws of the District of Columbia,
is hereby recognized as such and is granted a charter.
SEC. 2. "36 USC 2402" American Gold Star Mothers, Incorporated
(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 which it is incorporated and subject to the
laws of such State or States.
SEC. 3. "36 USC 2403" The objects and purposes for which the
corporation is organized shall be those provided in its articles of
incorporation and shall include a continuing commitment, on a national
basis, to --
(a) keep alive and develop the spirit that promoted world
services;
(b) maintain the ties of fellowship born of that service, and
to assist and further all patriotic work;
(c) inculcate a sense of individual obligation to the
community, State, and Nation;
(d) assist veterans of World War I, World War II, the Korean
Conflict, Vietnam, and other strategic areas and their dependents
in the presentation of claims to the Veterans' Administration, and
to aid in any way in their power the men and women who served and
died or were wounded or incapacitated during hostilities;
(e) perpetuate the memory of those whose lives were sacrificed
in our wars;
(f) maintain true allegiance to the United States of America;
(g) inculcate lessons of patriotism and love of country in the
communities in which we live;
(h) inspire respect for the Stars and Stripes in the youth of
America;
(i) extend needful assistance to all Gold Star Mothers and,
when possible, to their descendants; and
(j) to promote peace and good will for the United States and
all other Nations.
SEC. 4. "36 USC 2404" With respect to service of process, the
incorporation 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 2405" 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, and terms of membership and requirements for holding office
within the corporation shall not be discriminatory on the basis of race,
color, religion, or national origin.
SEC. 6. "36 USC 2406" 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 2407" 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 2408" (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 shall have no power to issue any shares of stock
nor to declare or pay any dividends.
(d) The corporation shall not claim congressional approval or Federal
Government authority for any of its activities.
(e) The corporation shall retain and maintain its status as a
corporation organized and incorporated under the laws of the State or
States wherein it is incorporated.
SEC. 9. "36 USC 2409" 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 2410" 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:
"(63) American Gold Star Mothers, Incorporated".
SEC. 12. "36 USC 2411" 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. The right to alter, amend, or repeal this Act "36 USC 2412"
is expressly reserved to the Congress.
SEC. 14. For purposes of this Act, "36 USC 2413" 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 2414" The corporation shall maintain its status as
an organization exempt from taxation as provided in the Internal Revenue
Code of 1954. "26 USC 1 et seq" If the corporation fails to maintain
such status, the charter granted hereby shall expire.
SEC. 16. "36 USC 2415" If the corporation shall fail to comply with
any of the restrictions or provisions of this Act the charter granted
hereby shall expire.
Approved June 12, 1984.
LEGISLATIVE HISTORY -- S. 2413 (H.R. 3811):
SENATE REPORT No. 98-379 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 130 (1984): Apr. 25, considered and
passed Senate. May 10, H.R. 3811 considered and passed House; S.
2413, amended, passed in lieu. May 22, Senate concurred in House
amendment.
Public Law 98-313, 98 Stat. 235
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. This Act "42 USC 4368a note" may be cited as the
"Environmental Programs Assistance Act of 1984".
SEC. 2. "42 USC 4368a" (a) Notwithstanding any other provision of
law relating to Federal grants and cooperative agreements, the
Administrator of the Environmental Protection Agency is authorized to
make grants to, or enter into cooperative agreements with, private
nonprofit organizations designated by the Secretary of Labor under title
V of the Older Americans Act of 1965 "42 USC 3056" to utilize the
talents of older Americans in programs authorized by other provisions of
law administered by the Administrator (and consistent with such
provisions of law) in providing technical assistance to Federal, State,
and local environmental agencies for projects of pollution prevention,
abatement, and control. Funding for such grants or agreements may be
made available from such programs or through title V of the Older
Americans Act of 1965 and title IV "42 USC 3056" of the Job Training
Partnership Act. "29 USC 1671"
(b) Prior to awarding any grant or agreement under subsection (a),
the applicable Federal, State, or local environmental agency shall
certify to the Administrator that such grants or agreements will not --
(1) result in the displacement of individuals currently
employed by the environmental agency concerned (including partial
displacement through reduction of nonovertime hours, wages, or
employment benefits);
(2) result in the employment of any individual when any other
person is in a layoff status from the same or substantially
equivalent job within the jurisdiction of the environmental agency
concerned; or
(3) affect existing contracts for services.
(c) Grants or agreements awarded under this Act shall be subject to
prior appropriation Acts.
Approved June 12, 1984.
LEGISLATIVE HISTORY -- S. 518:
CONGRESSIONAL RECORD, Vol. 130 (1984): Mar. 26, considered and
passed Senate. May 23, considered and passed House, amended. May 24,
Senate concurred in House amendment.
PUBLIC LAW 98-312, 98 STAT. 233
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. Section 347(f) of the Higher Education Act of 1965 "97
Stat. 711 20 USC 1069c' is amended to read as follows:
"(f) (1) For each fiscal year, the Secretary shall reserve from the
amount appropriate for part B "20 USC 1060' such sums as may be
necessary to fund continuation awards for multiple year grants awarded
to institutions under section 331 "20 USC 1064' prior to October 1,
1983.
"(2) For each fiscal year, the Secretary may reserve from the amount
appropriated for part B, not more than an amount equal to the difference
between the amount awarded under paragrph (1) and the amount equal to
the aggregate amount institutions receiving grants under part B would
contribute under section 324 "20 USC 1063' to the cost of their grants
in that fiscal year assuming their grant amounts are the same as those
received in the prior fiscal year. The Secretary may use this amount to
award grants to eligible institutions under section 333 "97 Stat. 708 20
USC 1065a'.
"(3) In reserving and awarding funds under this subsection, the
Secretary shall assure in each fiscal year that the funds that would
have been reserved under part B "20 USC 1060' for institutions described
in subsection (c) or (e) shall be reserved under section 331 or 333 "20
USC 1064, 1065a' for those institutions.'
SEC. 2. (a) Section 510 of the Omnibus Budget Reconciliation Act of
1981 (Public Law 97-35 "20 USC 3488') is amended by striking out
beginning with the semicolon in clause (1) all matter through the end of
the sentence and inserting in lieu thereof: "for each such year; and
"(2) $12,989,000 shall be available for each of the fiscal
years 1982 and 1983, and $14,961,000 shall be available for fiscal
year 1984 for the Office of Inspector General.'.
(b) The amendment made by subsection (a) of this section "20 USC
3488' shall take effect October 1, 1983.
SEC. 3. Section 5 of the joint resolution entitled "Joint Resolution
to provide grants for Allen J. Ellender fellowships to disadvantaged
secondary school students and their teachers to participate in a
Washington public affairs program' "86 Stat. 908 95 Stat. 449', approved
October 19, 1972, is amended to read as follows:
"SEC. 5. There are authorized to be appropriated $1,500,000 for the
fiscal year 1984, $1,500,000 for the fiscal year 1985, $2,000,000 for
the fiscal year 1986, $2,000,000 for the fiscal year 1987, $2,500,000
for the fiscal year 1988, and $2,500,000 for the fiscal year 1989 to
carry out the provisions of this joint resolution.'
SEC. 4. (a) Notwithstanding any other provision of law, the total
amount which may be appropriated to carry out part E of title IX of the
Higher Education Act of 1965 "20 USC 1134p 20 USC 1134n', relating to
law school clinical, experience programs, shall not exceed $1,500,000 in
fiscal year 1985, $2,000,000 in fiscal year 1986, $2,000,000 in fiscal
year 1987, $2,500,000 in fiscal year 1988, and $3,000,000 in fiscal year
1989.
(b) (1) Section 583(b) of the Education Consolidation and Improvement
Act of 1981 "20 USC 3851' is amended by striking out "and' at the end of
clause (2), by inserting "and' at the end of clause (3), and by
inserting after such clause the following new clause:
"(4) the law-related education program as formerly authorized
by part G of title III of the Elementary and Secondary Education
Act of 1965 "20 USC 3001','.
(2) Such section is further amended by inserting "(or $1,000,000 in
the case of the program referred to in paragraph (4))' after "fiscal
year 1981'.
SEC. 5. Section 555(b) of the Education Consolidation and Improvement
Act of 1981 "97 Stat. 1412 20 USC 3804' is amended by inserting before
the period at the end thereof a comma and the following: "except that
such definition shall be modified to include children of migrator
fishermen, if such children reside in a school district of more than
18,000 square miles and migrate a distance of 20 miles or more to
temporary residences to engage in fishing activity'.
SEC. 6. (a)(1) The Secretary is authorized to make grants to the
Urban Education Foundation of Pennsylvania, Inc., located in
Philadelphia, Pennsylvania, for the purpose of reconstruction and
renovation (and related costs) of the combined graduate and
undergraduate facilities at the urban research part established as the
Urban Education Foundation of Pennsylvania, Inc.
(2) There is authorized to be appropriated $3,400,000 to carry out
the provisions of paragraph (1) of this subsection.
(b)(1) Notwithstanding any other provision of law, from any amounts
recovered by the Department of Education from prior fiscal year
obligations from the Higher Education Appropriation Account for the
Department of Education, the Secretary may use not to exceed $1,000,000
to carry out the provisions of subsection (a) of this section.
(2) The amount authorized to be appropriated by paragraph (2) of
subsection (a) shall be reduced by any amounts expended under paragraph
(1) of this subsection.
SEC. 7. The amendment made in section 1 "20 USC 1069c' shall take
effect on October 1, 1984.
Approved June 12, 1984.
LEGISLATIVE HISTORY -- H.R. 5287:
CONGRESSIONAL RECORD, Vol. 130 (1984):
May 1, considered and passed House.
May 16, considered and passed Senate, amended.
May 23, House concurred in Senate amendments.
PUBLIC LAW 98-311, 98 STAT. 232
Whereas June 6, 1984, marks the fortieth anniversary of D-day, the
day of the beginning of the Allied assault at Normandy, France; Whereas
the D-day assault was the most extensive amphibious operation ever to
occur, involving on the first day of the operation five thousand ships,
eleven thousand sorties of Allied aircraft, and one hundred and
fifty-three thousand American, British, and Canadian troops;
Whereas American troops suffered significant losses during the
assault, including one thousand four hundred and sixty-five dead, three
thousand one hundred and eighty-four wounded, one thousand nine hundred
and twenty-eight missing in action, and twenty-six captured; and
Whereas the D-day assault was among the most critical events of World
War II since its success led ultimately to the Allied victory in Europe:
Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That June 6, 1984, is
designated as "D-day National Remembrance', and the President 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 May 31, 1984.
LEGISLATIVE HISTORY -- H.J. Res. 487:
CONGRESSIONAL RECORD, Vol. 130 (1984):
Apr. 11, considered and passed House.
May 24, considered and passed Senate.
PUBLIC LAW 98-310, 98 STAT. 231
Whereas more than two million Americans are affected by Alzheimer's
disease, which is a surprisingly common disorder that destroys certain
vital cells of the brain;
Whereas Alzheimer's disease is the fourth leading cause of death
among older Americans;
Whereas Alzheimer's disease is responsible for 50 per centum of all
nursing home admissions, at an annual cost of more than $20,000,000,000;
Whereas in one-third of all American families one parent will succumb
to this disease;
Whereas Alzheimer's disease is not a normal consequence of aging;
and
Whereas an increase in the national awareness of the problem of
Alzheimer's disease may stimulate the interest and concern of the
American people, which may lead, in turn, to increased research and
eventually to the discovery of a cure for Alzheimer's disease: 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 November 1984
is designated as "National Alzheimer's Disease Month'. 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 May 31, 1984.
LEGISLATIVE HISTORY -- H.J. Res. 451:
CONGRESSIONAL RECORD, Vol. 130 (1984):
May 1, considered and passed House.
May 22, considered and passed Senate.
PUBLIC LAW 98-309, 98 STAT. 230
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the week of October 21,
1984, through October 27, 1984, is designated as "Lupus Awareness Week',
and the President is authorized and requested to issue a proclamation
calling upon the people of the United States to observe the week with
appropriate programs, ceremonies, and activities.
Approved May 31, 1984.
LEGISLATIVE HISTORY -- S.J. Res. 239:
CONGRESSIONAL RECORD, Vol. 130 (1984):
Mar. 12, considered and passed Senate.
May 17, considered and passed House.
PUBLIC LAW 98-308, 98 STAT. 229
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 18, 1984, through November 24, 1984, 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 May 31, 1984.
LEGISLATIVE HISTORY -- S.J. Res. 211:
CONGRESSIONAL RECORD, Vol. 130 (1984):
Mar. 12, considered and passed Senate.
May 17, considered and passed House.
PUBLIC LAW 98-307, 98 STAT. 228
Whereas the family is and has traditionally been recognized as the
foundation of our society;
Whereas thousands of families in our Nation experience sorrow each
year because of runaway, missing, or estranged members;
Whereas organizations exist which can assist families and missing
members in establishing contact with one another;
Whereas estranged and missing individuals should be encouraged to use
the services furnished by these organizations or to contact their
families directly;
Whereas families should be encouraged to honor the individual
member's efforts to communicate and to respect the individual's right to
privacy;
Whereas the strength of our Nation can be increased through the
reunion of families and the reaffirmation of family ties; and
Whereas Mother's Day and Father's Day are times when our citizens
celebrate the importance of families: 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 Mother's Day, May 13, 1984, to Father's Day, June 17, 1984,
as "Family Reunion Month', and calling upon the people of the United
States to observe the day with appropriate programs and activities.
Approved May 31, 1984.
LEGISLATIVE HISTORY -- S.J. Res. 94:
CONGRESSIONAL RECORD:
Vol. 129 (1983): May 6, considered and passed Senate.
Vol. 130 (1984): May 17, considered and passed House, amended.
May 22, Senate concurred in House amendments.
PUBLIC LAW 98-306, 98 STAT. 223
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 "National Foundation on the
Arts and the Humanities Act Amendments of 1983'. "20 USC 951'
SEC. 2. The National Foundation on the Arts and the Humanities Act of
1965 (20 U.S.C. 951 et seq.) is amended by striking out the first
section thereof and inserting in lieu thereof the following:
"SECTION 1. This title may be cited as the "National Foundation on
the Arts and the Humanities Act of 1965'.'. "20 USC 951'
SEC. 3. Section 2 of the National Foundation on the Arts and the
Humanities Act of 1965 (20 U.S.C. 951) is amended --
(1) by redesignating paragraphs (6) and (7) as paragraphs (7)
and (8), respectively, and
(2) by inserting after paragraph (5) the following new
paragraph:
"(6) that museums are vital to the preservation of our cultural
heritage and should be supported in their role as curator of our
national consciousness;'.
SEC. 4. (a) Section 4(a) of the National Foundation on the Arts and
the Humanities Act of 1965 (20 U.S.C. 953(a)) is amended --
(1) by striking out "and a Federal Council' and inserting in
lieu thereof ", a Federal Council', and
(2) by inserting ", and an Institute of Museum Services' before
"(hereinafter established)'.
(b) Section 4(b) of the National Foundation on the Arts and the
Humanities Act of 1965 (20 U.S.C. 953(b)) is amended by inserting ", and
for institutions which preserve the cultural heritage of the United
States after "United States'.
SEC. 5. (a) Section 6(c) of the National Foundation on the Arts and
the Humanities Act of 1965 (20 U.S.C. 955(c)) is amended by inserting at
the end thereof the following: "Notwithstanding any other provision of
this subsection, a member shall serve after the expiration of his term
until his successor takes office.'.
(b) Section 8(c) of the National Foundation on the Arts and the
Humanities Act of 1965 (20 U.S.C. 957(c)) is amended by adding at the
end thereof the following: "Notwithstanding any other provisions of
this subsection, a member shall serve after the expiration of his term
until his successor takes office.'.
SEC. 6. (a) Section 9(b) of the National Foundation on the Arts and
the Humanities Act of 1965 (20 U.S.C. 958(b)) is amended by inserting
"the Director of the Institute of Museum Services,' after "Humanities,'.
(b) Section 9(c)(4) of the National Foundation on the Arts and the
Humanities Act of 1965 (20 U.S.C. 958(c)(4)) is amended by striking out
"and the Institute of Museum Services'.
SEC. 7. (a) Section 11(a) of the National Foundation on the Arts and
the Humanities Act of 1965 (20 U.S.C. 960(a)) is amended --
(1) in paragraph (1) --
(A) in subparagraph (A) by striking out "$154,000,000 for
fiscal year 1984, and $170,000,000' and inserting in lieu thereof
"$128,500,000 for fiscal year 1984, and such sums as may be
necessary', and
(B) in subparagraph (B) by striking out "$152,000,000 for
fiscal year 1984, and $167,500,000' and inserting in lieu thereof
"$127,000,000 for fiscal year 1984, and such sums as may be
necessary',
(2) in paragraph (2) --
(A) in subparagraph (A) by striking out "$20,000,000 for fiscal
year 1984, and $22,500,000' and inserting in lieu thereof
"$10,000,000 for fiscal year 1984, and such sums as may be
necessary',
(B) in subparagraph (B) by striking out "$16,500,000 for fiscal
year 1984, and $18,500,000' and inserting in lieu thereof
"$11,500,000 for fiscal year 1984, and such sums as may be
necessary', and
(3) in paragraph (3) --
(A) in subparagraph (A) by striking out "$36,000,000 for fiscal
year 1984, and $40,000,000' and inserting in lieu thereof
"$28,000,000 for fiscal year 1984, and such sums as may be
necessary', and
(B) in subparagraph (B) by striking out "$40,000,000 for fiscal
year 1984, and $44,000,000' and inserting in lieu thereof
"$20,000,000 for fiscal year 1984, and such sums as may be
necessary'.
(b) Section 11(d) of the National Foundation on the Arts and the
Humanities Act of 1965 (20 U.S.C. 960(d)) is amended by inserting "under
this title' after "made'.
SEC. 8. Section 203 of the Museum Services Act (20 U.S.C. 962) is
amended by striking out ", within the Department of Education' and
inserting in lieu thereof "within the National Foundation on the Arts
and the Humanities'.
SEC. 9. (a) Section 204(a)(2) of the Museum Services Act (20 U.S.C.
963(a)(2)) is amended --
(1) in subparagraph (A) --
(A) in clause (iii) by inserting "and' at the end thereof,
(B) in clause (iv) by striking out "; and' and inserting in
lieu thereof a period, and
(C) by striking out clause (v), and
(2) in subparagraph (B) by striking out "clause (v)' and
inserting in lieu thereof "clause (iv)'.
(b) Section 204(b) of the Museum Services Act (20 U.S.C. 963(b)) is
amended by adding at the end thereof the following: "Notwithstanding
any other provision of this subsection, a member shall serve after the
expiration of his term of office until his successor takes office.'.
(c) Section 204(c) of the Museum Services Act (20 U.S.C. 963(c)) is
amended by striking out "Eight' and inserting in lieu thereof "Except as
provided in subsection (d)(2), eight'.
(d) Section 204(d)(2) of the Museum Services Act (20 U.S.C. 963(d)(
2)) is amended by striking out "eight' and inserting in lieu thereof
"seven'.
SEC. 10. Section 205(a)(2) of the Museum Services Act (20 U.S.C.
964(a)(2)) is amended by striking out the first sentence.
SEC. 11. Section 209(a) of the Museum Services Act (20 U.S.C. 967(
a)) is amended by striking out "$40,000,000 for fiscal year 1984, and
$45,000,000' and inserting in lieu thereof "$20,150,000 for fiscal year
1984, and such sums as may be necessary'.
SEC. 12. Sections 521, 523, and 524 of subtitle A of the Omnibus
Education Reconciliation Act of 1981 are repealed. "20 USC 967, 960'
SEC. 13. (a) There is hereby established a National Medal of Arts,
which shall be a medal of such design as is deemed appropriate by the
President, on the basis of recommendations submitted by the National
Council on the Arts, and which shall be awarded as provided in
subsection (b). "20 USC 955b'
(b) (1) The President shall from time to time award the National
Medal of Arts, on the basis of recommendations from the National Council
on the Arts, to individuals or groups who in the President's judgment
are deserving of special recognition by reason of their outstanding
contributions to the excellence, growth, support, and availability of
the arts in the United States.
(2) Not more than twelve of such medals may be awarded in any
calendar year.
(3) An individual may be awarded the National Medal of Arts only if
at the time such award is made such individual --
(A) is a citizen or other national of the United States; or
(B) is an alien lawfully admitted to the United States for
permanent residence who (i) has filed an application or petition
for naturalization in the manner prescribed by section 334 of the
Immigration and Nationality Act "8 USC 1445' and (ii) is not
permanently ineligible to become a citizen of the United States.
(4) A group may be awarded the National Medal of Arts only if such
group is organized or incorporated in the United States.
(5) The presentation of the National Medal of Arts shall be made by
the President with such ceremonies as the President may deem proper,
including attendance by appropriate Members of Congress.
(c) Funds made available to the National Endowment for the Arts shall
be used to carry out this section.
SEC. 14. (a)(1) "25 USC 310' To the extent
SEC. 14. (a) (1) "25 USC 310'. To the extent of the availability of
funds for such purpose, the Secretary of the Interior shall:
(A) enter into a thirty-year agreement with the College of
Santa Fe, Santa Fe, New Mexico, to provide educational facilities
for the use of, and to develop cooperative educational/arts
programs to be carried out with the postsecondary fine arts and
museum services programs of, the Institute of American Indian Arts
administered by the Bureau of Indian Affairs; and
(B) conduct such activities as are necessary to improve the
facilities used by the Institute of American Indian Arts at the
College of Santa Fe.
(2) The provisions of this subsection shall take effect on October 1,
1984.
(b) (1) The Secretary of the Interior, acting through the Bureau of
Indian Affairs, is directed to conduct a study for the purpose of
determining the need, if any, for a museum facility to be established
for the benefit of the Institute of American Indian Arts, the
feasibility of establishing such museum, and the need or desirability,
if any, to establish any such museum in close proximity to the
facilities currently being used by such Institute at the College of
Santa Fe.
(2) On or before February 1, 1985, the Secretary of the Interior
shall report the results of such study, together with his
recommendations, to the Congress.
(3) Should the study recommend establishment of a museum, and should
the College of Santa Fe be selected as the best site, any agreement
entered into by the Secretary of the Interior for construction of such
museum shall contain assurances, satisfactory to the Secretary, that
appropriate lands at the College of Santa Fe will be available at no
cost to the Federal Government for the establishment of a museum
facility.
Approved May 31, 1984.
LEGISLATIVE HISTORY -- H.R. 2751:
HOUSE REPORTS: No. 98-163 and Pt. 2 (Comm. on Education and Labor).
CONGRESSIONAL RECORD, Vol. 130 (1984):
Feb. 21, considered and passed House.
Apr. 5, considered and passed Senate, amended.
May 17, House concurred in Senate amendment.
Public Law 98-305, 98 Stat. 221
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 "Controlled Substance Registrant Protection Act of 1984".
SEC. 2. Chapter 103 of title 18, United States Code, "18 USC 2118
note" is amended by adding at the end the following:
"Section 2118. "18 USC 2118" Robberies and burglaries involving
controlled substances
"(a) Whoever takes or attempts to take from the person or presence of
another by force or violence or by intimidation any material or compound
containing any quantity of a controlled substance belonging to or in the
care, custody, control, or possession of a person registered with the
Drug Enforcement Administration under section 302 of the Controlled
Substances Act (21 U.S.C. 822) shall, except as provided in subsection
(c), be fined not more than $25,000 or imprisoned not more than twenty
years or both, if (1) the replacement cost of the material or compound
to the registrant was not less than $500, (2) the person who engaged in
such taking or attempted such taking traveled in interstate or foreign
commerce or used any facility in interstate or foreign commerce to
facilitate such taking or attempt, or (3) another person was killed or
suffered significant bodily injury as a result of such taking or
attempt.
"(b) Whoever, without authority, enters or attempts to enter, or
remains in, the business premises or property of a person registered
with the Drug Enforcement Administration under section 302 of the
Controlled Substances Act (21 U.S.C. 822) with the intent to steal any
material or compound containing any quantity of a controlled substance
shall, except as provided in subsection (c), be fined not more than
$25,000 or imprisoned not more than twenty years, or both, if (1) the
replacement cost of the controlled substance to the registrant was not
less than $500, (2) the person who engaged in such entry or attempted
such entry or who remained in such premises or property traveled in
interstate or foreign commerce or used any facility in interstate or
foreign commerce to facilitate such entry or attempt or to facilitate
remaining in such premises or property, or (3) another person was killed
or suffered significant bodily injury as a result of such entry or
attempt.
"(c)(1) Whoever in committing any offense under subsection (a) or (b)
assaults any person, or puts in jeopardy the life of any person, by the
use of a dangerous weapon or device shall be fined not more than $35,000
and imprisoned for not more than twenty-five years.
"(2) Whoever in committing any offense under subsection (a) or (b)
kills any person shall be fined not more than $50,000 or imprisoned for
any term of years or life, or both.
"(d) If two or more persons conspire to violate subsection (a) or (b)
of this section and one or more of such persons do any overt act to
effect the object of the conspiracy, each shall be fined not more than
$25,000 or imprisoned not more than ten years or both.
"(e) For purposes of this section --
"(1) the term 'controlled substance' has the meaning prescribed
for that term by section 102 of the Controlled Substances Act;
"21 USC 802"
"(2) the term 'business premises or property' includes
conveyances and storage facilities; and
"(3) the term 'significant bodily injury' means bodily injury
which involves a risk of death, significant physical pain,
protracted and obvious disfigurement, or a protracted loss or
impairment of the function of a bodily member, organ, or mental or
sensory faculty.".
SEC. 3. The table of sections for chapter 103 of title 18, United
States Code, is amended by adding at the end the following new item:
"2118. Robberies and burglaries involving controlled substances.".
SEC. 4. "28 USC 522 note" For each of the first three years after
the date of enactment of this Act, the Attorney General of the United
States shall submit an annual report to the Congress with respect to the
enforcement activities of the Attorney General relating to the offenses
created by the amendmendment made by section 2 of this Act.
Approved May 31, 1984.
LEGISLATIVE HISTORY -- S. 422 (H.R. 5222):
SENATE REPORT No. 98-353 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 130 (1984): Feb. 23, considered and
passed Senate. May 8, considered and passed House, amended. May 17,
Senate concurred in House amendment.
PUBLIC LAW 98-304, 98 STAT. 220
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 6 of the
Act entitled "An Act to incorporate the AMVETS, American Veterans of
World War II', approved July 23, 1947 (36 U.S.C. 67e), is amended to
read as follows:
"SEC. 6. Eligibility for membership in AMVETS and the rights and
privileges of members shall, except as provided in this Act, be as
provided in the constitution and bylaws of the organization, and terms
of membership and requirements for holding office within the
organization shall not be discriminatory on the basis of race, color,
religion, sex or national origin.'.
Approved May 31, 1984.
LEGISLATIVE HISTORY -- S. 2079 (H.R. 4212):
HOUSE REPORT No. 98-682 accompanying H.R. 4212 (Comm. on the
Judiciary).
CONGRESSIONAL RECORD:
Vol. 129 (1983): Nov. 18, considered and passed Senate.
Vol. 130 (1984): May 7, H.R. 4212 considered and passed House;
S. 2079, amended, passed in lieu.
May 16, Senate concurred in House amendments.
PUBLIC LAW 98-303, 98 STAT. 219
Whereas tremendous progress has been made in the past one hundred
years to advance the health and productivity of America's livestock
industry and protect America's animals and pets through research,
cooperative endeavor, and the use of sound, scientific, and humane
principles;
Whereas the commemoration of one hundred years of commitment to
animal health by the United States, dating from May 29, 1884, when
Congress created the former Bureau of Animal Industry, is appropriate;
Whereas achievements by the Bureau and its successor organizations
within the United States Department of Agriculture and their cooperators
in several States have contributed immeasurably to America having the
healthiest livestock in the world;
Whereas the Bureau and its successor organizations have a proud
history of working with producers, cooperating State agencies, the
veterinary profession, and the scientific community to wipe out animal
plagues and to assure an abundant supply of safe, wholesome animal
protein for American consumers; and
Whereas it is desirable to give the American public a better
appreciation of the advances in animal health that contribute to the
well-being of man as well as beast and likewise give them an
appreciation of the role of healthy animals and pets in this country's
past, present, and future: 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 hereby authorized and requested to issue a proclamation
designating the seven-day period beginning on May 27, 1984, as "National
Animal Health Week' and to invite the Governors of the States, officials
of local governments, and the people of the United States to observe
that week with appropriate ceremonies and activities.
Approved May 25, 1984.
LEGISLATIVE HISTORY -- H.J. Res. 526 (S.J. Res. 292):
CONGRESSIONAL RECORD, Vol. 130 (1984):
May 17, considered and passed House.
May 22, considered and passed Senate.
PUBLIC LAW 98-302, 98 STAT. 217
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. INCREASE IN PUBLIC DEBT LIMIT.
Effective upon enactment, the applicable public debt limit set forth
in subsection (b) of section 3101 of title 31, United States Code, shall
be permanently increased by $30,000,000,000.
SEC. 2. INCREASE IN LIMIT ON LONG-TERM BONDS.
Subsection (a) of section 3102 of title 31, United States Code, is
amended by striking out "$150,000,000,000' and inserting in lieu thereof
"$200,000,000,000'.
SEC. 3. AUTHORITY TO OBTAIN CERTAIN SERVICES AND FACILITIES AND INCUR
CERTAIN ADMINISTRATIVE EXPENDITURES.
(a) GENERAL RULE. -- Subchapter II of chapter 3 of title 31, United
States Code, is amended by adding at the end thereof the following new
section:
"Section 332 "31 USC 332'. Miscellaneous administrative authority
"The Secretary of the Treasury may to the extent provided in advance
by appropriation Acts --
"(1) contract for the temporary or intermittent services of
experts or consultants as authorized by section 3109 of title 5,
United States Code, at rates not to exceed the per diem equivalent
to the rate for GS-18;
"(2) contract with and reimburse the Department of State for
health and medical services for employees of the Department of the
Treasury and their dependents serving in foreign countries;
"(3) provide for official functions, and reception and
representation activities;
"(4) maintain, repair, and clean uniforms furnished by the
Department of the Treasury to uniformed employees;
"(5) provide athletic and related activities for students at
the Federal Law Enforcement Training Center, Glynco, Georgia;
"(6) install and maintain fencing, lighting, guard booths, and
other facilities as necessary for the performance of protective
functions of the Department of the Treasury on property not owned
by or under jurisdiction and control of the United States
Government and, subsequently, to remove the facilities therefrom;
"(7) enter into reciprocal assistance agreements with State and
local law enforcement agencies and, in connection with the
agreements and otherwise, train employees of those agencies, when
necessary, with or without reimbursement;
"(8) provide laboratory assistance to State and local law
enforcement agencies, with or without reimbursement;
"(9) obtain insurance for official motor vehicles operated in
foreign countries; and
"(10) (A) when necessary for the performance of official
business --
"(i) acquire in foreign countries real property by lease for
periods not greater than 10 years and personal property for use in
foreign countries by purchase, lease, or otherwise, and
"(ii) manage, maintain, repair, improve, and insure by purchase
of commercial insurance policies properties referred to in clause
(i), and
"(B) when appropriate, dispose of (by sale, rent, transfer, or
otherwise) properties referred to in subparagraph (A)(i).'
(b) CLERICAL AMENDMENT. -- The analysis for subchapter II of chapter
3 of such title 31 is amended by adding at the end thereof the following
new item:
"332. Miscellaneous administrative authority.'
Approved May 25, 1984.
LEGISLATIVE HISTORY -- H.R. 5692:
CONGRESSIONAL RECORD, Vol. 130 (1984):
May 24, considered and passed House; considered and passed
Senate, amended; House concurred in Senate amendment.
PUBLIC LAW 98-301, 98 STAT. 216
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the President may
award, and present in the name of Congress, the Medal of Honor to the
unknown American who lost his life while serving in Southeast Asia
during the Vietnam era as a member of the Armed Forces of the United
States and who has been selected to lie buried in the Memorial
Amphitheater of the National Cemetery at Arlington, Virginia, as
authorized by section 9 of the National Cemeteries Act of 1973 (Public
Law 93-43) "87 Stat. 88'.
Approved May 25, 1984.
LEGISLATIVE HISTORY -- H.R. 5515:
CONGRESSIONAL RECORD, Vol. 130 (1984):
May 3, considered and passed House.
May 16, considered and passed Senate.
PUBLIC LAW 98-300, 98 STAT. 215
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That subsection 504(g)
of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1764)
is amended by inserting the following sentence at the end of the
subsection: "Rights-of-way shall be granted, issued, or renewed,
without rental fees, for electric or telephone facilities financed
pursuant to the Rural Electrification Act of 1936 "7 USC 901', as
amended, or any extensions from such facilities: Provided, That nothing
in this sentence shall be contrued to affect the authority of the
Secretary granting, issuing, or renewing the right-of-way to require
reimbursement of reasonable administrative and other costs pursuant to
the second sentence for this subsection.'.
Approved May 25, 1984.
LEGISLATIVE HISTORY -- H.R. 2211:
HOUSE REPORT No. 98-475 (Comm. on Interior and Insular Affairs).
SENATE REPORT No. 98-388 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
Vol. 129 (1983): Nov. 8, considered and passed House.
Vol. 130 (1984): May 10, considered and passed Senate.
Public Law 98-299, 98 Stat. 214
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) section 402 of
the Act "11 USC note prec. 101" entitled "An Act to establish a uniform
Law on the Subject of Bankruptcies" (Public Law 95-598) is amended in
subsections (b) and (e) by striking out "May 26, 1984" each place it
appears and inserting in lieu thereof "June 21, 1984".
(b) Section 404 of such Act is amended in subsections (a) and (b) "28
USC note prec. 151" by striking out "May 25, 1984" each place it appears
and inserting in lieu thereof "June 20, 1984".
(c) Section 406 of such Act "28 USC note prec. 151" is amended by
striking out "May 25, 1984" each place it appears and inserting in lieu
thereof "June 20, 1984".
(d) Section 409 of such Act "28 USC note prec. 1471" is amended by --
(1) striking out "May 26, 1984" each place it appears and
inserting in lieu thereof "June 21, 1984"; and
(2) striking out "May 25, 1984" each place it appears and
inserting in lieu thereof "June 20, 1984".
SEC. 2. "28 USC note prec. 151" The term of office of any bankruptcy
judge who was serving on May 25, 1984, and of any bankruptcy judge who
is serving on the date of the enactment of this Act is extended to and
shall expire on June 20, 1984.
SEC. 3. (a) Section 8339(n) of title 5, United States Code, is
amended by striking out "May 26, 1984" and inserting in lieu thereof
"June 21, 1984".
(b) Section 8331(22) of title 5, United States Code, is amended by
striking out "May 25, 1984" and inserting in lieu thereof "June 20,
1984".
Approved May 25, 1984.
LEGISLATIVE HISTORY -- H.R. 2174 (S. 216):
CONGRESSIONAL RECORD: Vol. 129 (1983): May 9, considered and passed
House. Vol. 130 (1984): May 24, considered and passed Senate, amended;
House agreed to Senate amendments.
Public Law 98-298, 98 Stat. 213
Whereas on May 25, 1979, six-year-old Etan Patz disappeared from his
home in New York City and is still missing;
Whereas over one million eight hundred thousand children disappear
from home annually;
Whereas children who are missing from home and are not living in a
family environment are frequently the victims of sexual and physical
exploitation;
Whereas an estimated 60 per centum of missing children are sexually
abused while away from home;
Whereas the search for missing children is frequently a low-priority
investigation in many law enforcement agencies;
Whereas efforts between Federal and local law enforcement agencies in
child abduction cases are usually uncoordinated, haphazard, and
ineffective; and
Whereas the problem of the missing child has been plagued by
misinformation and there is a need to increase public understanding and
awareness of this problem: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That May 25, 1984, is
designated as "Missing Children Day", and the President is authorized
and requested to issue a proclamation calling upon all Government
agencies and the people of the United States to observe the day with
appropriate ceremonies, programs, and activities.
Approved May 25, 1984.
LEGISLATIVE HISTORY -- S.J. Res. 252:
CONGRESSIONAL RECORD, Vol. 130 (1984): Mar. 12, considered and
passed Senate. May 17, considered and passed House.
PUBLIC LAW 98-297, 98 STAT. 212
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the land and
improvements purchased from the Order of the Visitation for the National
Institutes of Health and located at 9001 Old Georgetown Road in
Bethesda, Maryland, is designated as the "Mary Woodard Lasker Center for
Health Research and Education'. Any reference in a law, map,
regulation, document, record, or other paper of the United States to
such land and improvements shall be deemed to be a reference to the
"Mary Woodard Lasker Center for Health Research and Education'.
Approved May 24, 1984.
LEGISLATIVE HISTORY -- H.R. 5576:
CONGRESSIONAL RECORD, Vol. 130 (1984):
May 3, considered and passed House.
May 9, considered and passed Senate.
PUBLIC LAW 98-296, 98 STAT. 211
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Federal
building located at 129 East Main Street, Salisbury, Maryland, shall
hereafter be known and designated as the "Maude R. Toulson Federal
Building'. Any reference in a law, map, regulation, document, record,
or other paper of the United States to such building shall be deemed to
be a reference to the "Maude R. Toulson Federal Building'.
Approved May 24, 1984.
LEGISLATIVE HISTORY -- H.R. 4107:
CONGRESSIONAL RECORD:
Vol. 129 (1983): Nov. 18, considered and passed House.
Vol. 130 (1984): May 16, considered and passed Senate.
PUBLIC LAW 98-295, 98 STAT. 209
Whereas digestive diseases rank third in the total economic burden of
illness in the United States and, measured in terms of human discomfort
and pain, mortality, personal expenditures for treatment, working hours
lost, and burden on the Nation's economy, digestive diseases represent
one of the Nation's most serious health problems;
Whereas twenty million Americans suffer from chronic digestive
disease and disorders, and in excess of fourteen million cases of acute
digestive diseases are treated in this country each year, including
one-third of all malignancies and some of the most common of acute
infections;
Whereas such diseases cause more Americans to be hospitalized than
any other, necessitate 25 per centum of all surgical operations, and
comprise one of the most prevalent causes of disability in the working
force;
Whereas digestive diseases cause a yearly expenditure of over
$17,000,000,000 in direct health care costs and a total economic burden
approaching $50,000,000,000 annually;
Whereas at least one hundred different diseases and disorders of the
gastrointestinal tract cause more than two hundred thousand deaths every
year;
Whereas research into the causes, cures, prevention, and clinical
treatment of digestive diseases and related nutrition problems should
become a national concern, and the people of the United States should
recognize diseases of the digestive system as a major health priority;
Whereas national lay and professional digestive disease
organizations, individually and collectively, through the Coalition of
Digestive Disease Organizations and the Federation of Digestive Disease
Societies, are committed to heightening awareness and understanding of
digestive tract disorders among members of the general public and the
health care community;
Whereas the National Digestive Diseases Advisory Board and the
National Institutes of Health, through its National Digestive Diseases
Education and Information Clearinghouse, are committed to encourage and
coordinate these educational efforts; and
Whereas the week of May 20, 1984, through May 26, 1984, marks the
first anniversary of the national digestive disease education program, a
coordinated effort to mobilize and focus the activities of the digestive
disease community to educate the public and health care community as to
the seriousness of digestive diseases and to provide information
relative to treatment, prevention, and control: 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 May 20, 1984,
through May 26, 1984, is designated as "National Digestive Diseases
Awareness 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 and activities.
Approved May 22, 1984.
LEGISLATIVE HISTORY -- S.J. Res. 228:
CONGRESSIONAL RECORD, Vol. 130 (1984):
Feb. 27, considered and passed Senate.
May 17, considered and passed House.
PUBLIC LAW 98-294, 98 STAT. 208
Whereas over one million older Americans reside in nursing homes and
one in five older Americans likely will reside in a nursing home at some
time;
Whereas nursing home residents have contributed to the growth,
development, and progress of this Nation and, as elders, offer a wealth
of knowledge and experience;
Whereas Congress recognizes the importance of the continued
participation of these institutionalized senior citizens in the life of
our Nation;
Whereas in an effort to foster reintegration of these citizens into
their communities Congress encourages community recognition of and
involvement in the lives of nursing home residents;
Whereas the Congress recognizes the importance of safeguarding the
rights of nursing home residents; and
Whereas it is appropriate for the American people to join in support
of nursing home residents to demonstrate their concern and respect for
these citizens: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That April 26, 1985, is
designated as "National Nursing Home Residents Day', a time of renewed
recognition, concern, and respect for the Nation's nursing home
residents. 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 activites.
Approved May 22, 1984.
LEGISLATIVE HISTORY -- S.J. Res. 198:
CONGRESSIONAL RECORD, Vol. 130 (1984):
Apr. 25, considered and passed Senate.
May 1, considered and passed House, amended.
May 10, Senate concurred in House amendment.
PUBLIC LAW 98-293, 98 STAT. 207
Whereas, Congressman Edwin B. Forsythe, in his role as Ranking
Minority Member of the Committee on Merchant Marine and Fisheries and
the Subcommittee on Fisheries and Wildlife Conservation and the
Environment, was an outstanding leader for conservation of our natural
resources and protection of our Nation's natural beauty;
Whereas, during his career he played a critical role in such
important natural resource legislation such as the Marine Mammal
Protection Act of 1972 "16 USC 1361', the Endangered Species Act of 1973
"16 U.S.C. 1531', and the Fishery Conservation and Management Act of
1976 "16 USC 1801';
Whereas, he was the major Congressional sponsor of the Nongame
Wildlife Act, which increased public interest and concern for species
of wildlife not subject to taking for sport;
Whereas, throughout his Congressional career, he was a strong
defender of the National Wildlife Refuge System;
Whereas, he had a deep affection for the coastal wildlife refuges in
his home State of New Jersey: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the Brigantine National
Wildlife Refuge and the Barnegat National Wildlife Refuge in the State
of New Jersey shall hereafter be collectively named and designated as
the "Edwin B. Forsythe National Wildlife Refuge' "16 USC 668dd'. Any
reference in a law, map, regulation, document, record, or other paper of
the United States to either of such refuges shall be held to be a
reference to the "Edwin B. Forsythe National Wildlife Refuge'.
Approved May 22, 1984.
LEGISLATIVE HISTORY -- H.J. Res. 537:
HOUSE REPORT No. 98-706 (Comm. on Merchant Marine and Fisheries).
CONGRESSIONAL RECORD, Vol. 130 (1984):
Apr. 30, May 1, considered and passed House.
May 3, considered and passed Senate.
Public Law 98-292, 98 Stat. 204
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 "Child Protection Act of 1984". "18 USC 2251 note"
SEC. 2. "18 USC 2251 note" The Congress finds that --
(1) child pornography has developed into a highly organized,
multi-million-dollar industry which operates on a nationwide
scale;
(2) thousands of children including large numbers of runaway
and homeless youth are exploited in the production and
distribution of pornographic materials; and
(3) the use of children as subjects of pornographic materials
is harmful to the physiological, emotional, and mental health of
the individual child and to society.
SEC. 3. Section 2251 of title 18 of the United States Code is
amended --
(1) by striking out "visual or print medium" each place it
appears and inserting "visual depiction" in lieu thereof;
(2) by striking out "depicting" each place it appears and
inserting "of" in lieu thereof;
(3) by striking out "person" each place it appears in
subsection (c) and inserting "individual" in lieu thereof;
(4) by striking out "$10,000" and inserting "$100,000" in lieu
thereof;
(5) by striking out "$15,000" and inserting "$200,000" in lieu
thereof; and
(6) by adding at the end of subsection (c) the following: "Any
organization which violates this section shall be fined not more
than $250,000.".
SEC. 4. Section 2252 of title 18 of the United States Code is
amended --
(1) by striking out ", for the purpose of sale or distribution
for sale";
(2) by striking out "for the purpose of sale or distribution
for sale" the second place it appears;
(3) by striking out "obscene" each place it appears;
(4) by striking out "visual or print medium" each place it
appears and inserting "visual depiction" in lieu thereof;
(5) by striking out "depicts" each place it appears and
inserting "is of" in lieu thereof;
(6) by striking out "or knowingly sells or distributes for
sale" and inserting in lieu thereof "or distributes";
(7) by inserting after "mailed" the following: "or knowingly
reproduces any visual depiction for distribution in interstate or
foreign commerce or through the mails";
(8) by striking out "person" each place it appears in
subsection (b) and inserting "individual" in lieu thereof;
(9) by striking out "$10,000" and inserting "$100,000" in lieu
thereof:
(10) by striking out "$15,000" and inserting "$200,000" in lieu
thereof; and
(11) by adding at the end of subsection (b) the following:
"Any organization which violates this section shall be fined not
more than $250,000.".
SEC. 5. (a) Section 2253 of title 18 of the United States Code is
amended --
(1) in paragraph (1), by striking out "sixteen" and inserting
"eighteen" in lieu thereof;
(2) by striking out "sado-masochistic" and inserting "sadistic
or masochistic" in lieu thereof;
(3) by striking out "(for the purpose of sexual stimulation)";
and
(4) by striking out "lewd" and inserting "lascivious" in lieu
thereof;
(5) by striking out ", for pecuniary profit"; and
(6) by amending paragraph (4) to read as follows:
"(4) 'organization' means a person other than an individual.".
(b) Section 2253 of title 18 of the United States Code, "18 USC 2255"
as amended by subsection (a) is redesignated as section 2255.
SEC. 6. Chapter 110 of title 18 of the United States Code is amended
by inserting after section 2252 the following:
"Section 2253. "18 USC 2253" Criminal forfeiture
"(a) A person who is convicted of an offense under section 2251 or
2252 of this title shall forfeit to the United States such person's
interest in --
"(1) any property constituting or derived from gross profits or
other proceeds obtained from such offense; and
"(2) any property used, or intended to be used, to commit such
offense.
"(b) In any action under this section, the court may enter such
restraining orders or take other appropriate action (including
acceptance of performance bonds) in connection with any interest that is
subject to forfeiture.
"(c) The court shall order forfeiture of property referred to in
subsection (a) if the trier of fact determines, beyond a reasonable
doubt, that such property is subject to forfeiture.
"(d)(1) Except as provided in paragraph (3) of this subsection, the
customs laws relating to disposition of seized or forfeited property
shall apply to property under this section, if such laws are not
inconsistent with this section.
"(2) In any disposition of property under this section, a convicted
person shall not be permitted to acquire property forfeited by such
person.
"(3) The duties of the Secretary of the Treasury with respect to
dispositions of property shall be performed under paragraph (1) of this
subsection by the Attorney General, unless such duties arise from
forfeiture effected under the customs laws.
"Section 2254. "18 USC 2254" Civil forfeiture
"(a) The following property shall be subject to forfeiture by the
United States:
"(1) Any material or equipment used, or intended for use, in
producing, reproducing, transporting, shipping, or receiving any
visual depiction in violation of this chapter.
"(2) Any visual depiction produced, transported, shipped, or
received in violation of this chapter, or any material containing
such depiction.
"(3) Any property constituting or derived from gross profits or
other proceeds obtained from a violation of this chapter, except
that no property shall be forfeited under this paragraph, to the
extent of the interest of an owner, by reason of any act or
omission established by that owner to have been committed or
omitted without the knowledge or consent of that owner.
"(b) All provisions of the customs law relating to the seizure,
summary and judicial forfeiture, and condemnation of property for
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, shall apply to seizures and
forfeitures incurred, or alleged to have been incurred, under this
section, insofar as applicable and not inconsistent with the provisions
of this section, except that such duties as are imposed upon the customs
officer or any other person with respect to seizure and forfeiture of
property under the customs laws shall be performed with respect to
seizures and forfeitures of property under this section by such
officers, agents, or other persons as may be authorized or designated
for that purpose by the Attorney General, except to the extent that such
duties arise from seizures and forfeitures effected by any customs
officer.".
SEC. 7. The table of sections at the beginning of chapter 110 of
title 18 of the United States Code is amended --
(1) by inserting after the item relating to section 2252 the
following new items:
"2253. Criminal forfeiture.
"2254. Civil forfeiture.";
and
(2) by redesignating the item relating to section 2253 as 2255.
SEC. 8. Section 2516(1)(c) of title 18 of the United States Code is
amended by inserting "sections 2251 and 2252 (sexual exploitation of
children)," after "section 664 (embezzlement from pension and welfare
funds),".
SEC. 9. "28 USC 522 note" Beginning one hundred and twenty days
after the date of enactment of this Act, and every year thereafter, the
Attorney General shall report to the Congress on prosecutions,
convictions, and forfeitures under chapter 110 of title 18 of the United
States Code. "18 USC 2251 et seq."
Approved May 21, 1984.
LEGISLATIVE HISTORY -- H.R. 3635 (S. 1469):
HOUSE REPORT No. 98-536 (Comm. on the Judiciary).
CONGRESSIONAL RECORD: Vol. 129 (1983): Nov. 14, considered and
passed House. Vol. 130 (1984): Mar. 30, considered and passed Senate,
amended. May 8, House concurred in Senate amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 20, No. 21 (1984):
May 21, Presidential statement.
PUBLIC LAW 98-291, 98 STAT. 203
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 9 of the
Act entitled "An Act to incorporate the Disabled American Veterans of
the World War', approved June 17, 1932 (36 U.S.C. 90i), is amended --
(1) by striking out "(a)'; and
(2) by striking out subsection (b).
Approved May 21, 1984.
LEGISLATIVE HISTORY -- S. 1188 (H.R. 3115):
HOUSE REPORT No. 98-683 accompanying H.R. 3115 (Comm. on the
Judiciary).
CONGRESSIONAL RECORD:
Vol. 129 (1983): Nov. 18, considered and passed Senate.
Vol. 130 (1984): May 7, H.R. 3115 considered and passed House;
S. 1188 passed in lieu.
Public Law 98-290, 98 Stat. 201
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. The purposes of this Act "24 USC 668 note" are --
(1) to resolve uncertainty over the boundaries of the Southern
Ute Indian Reservation and the status of unrestricted land on such
reservation, and
(2) to avoid long and costly litigation over issues dependent
on reservation or Indian country status.
SEC. 2. For purposes of this Act, "25 USC 668 note" the term "Indian
trust land" means any land within the boundaries of the Southern Ute
Indian Reservation which --
(1) is held by the United States in trust for the benefit of
the Southern Ute Indian Tribe or individual Indians, or
(2) is owned by the United States and reserved for use or
actually used in the administration of Indian affairs.
Any right-of-way bounded on both sides by Indian trust land shall be
Indian trust land. Any other right-of-way shall not be Indian trust
land.
SEC. 3. "25 USC 668 note" The Southern Ute Indian Reservation in the
State of Colorado is declared to have the following boundaries:
(1) Bounded on the north by the southern boundary of the lands
--
(A) ceded to the United States by certain bands of Ute Indians
under the Articles of Convention entered into on September 13,
1873, and ratified by the Act approved April 29, 1874 (18 Stat.
36), and
(B) described in article I of such Articles of Convention.
(2) Bounded on the south by the boundary line between the
States of Colarado and New Mexico as described in article II of
the treaty between the United States and the Ute Indians concluded
March 2, 1868, and proclaimed November 6, 1868 (15 Stat. 619).
(3) Bounded on the west by the eastern boundary of the Ute
Mountain Ute Indian Reservation.
(4) Bounded on the east by the southernmost 15 miles of the
eastern boundary of the lands reserved to the Ute Indians by
article II of the treaty between the United States and the Ute
Indians concluded March 2, 1868, and proclaimed November 6, 1868
(15 Stat. 619), except that the lands east of such boundary in
township 32 north, range 1 west, New Mexico principal meridian,
that are held by the United States in trust for the benefit of the
Southern Ute Indian Tribe are part of the Southern Ute Indian
Reservation.
SEC. 4. "25 USE 668 note" (a) Such territorial jurisdiction as the
Southern Ute Indian Tribe has over persons other than Indians and the
property of such persons shall be limited to Indian trust lands within
the reservation.
(b) Any person who is not an Indian and the property of any such
person shall be subject to the jurisdiction of the United States under
section 1152 of title 18, United States Code, only on Indian trust land.
(c) Any law of the United States related to the sale, possession,
introduction, or manufacture of alcoholic beverages or to trading with
Indians within Indian country, or within the Indian reservation, shall
apply, with respect to the Southern Ute Indian Reservation, only on
Indian trust land.
SEC. 5. "25 USE 668 note" The State of Colorado shall exercise
criminal and civil jurisdiction within the boundaries of the town of
Ignacio, Colorado, and any other municipality which may be incorporated
under the laws of Colorado within the Southern Ute Indian Reservation,
as if such State had assumed jurisdiction pursuant to the Act of August
15, 1953 (67 Stat. 588), as amended by the Act of April 11, 1968 (82
Stat. 79).
Approved May 21, 1984.
LEGISLATIVE HISTORY -- H.R. 4176 (S. 1979):
HOUSE REPORT No. 98-716 (Comm. on Interior and Insular Affairs).
SENATE REPORT No. 98-404 accompanying S. 1979 (Comm. on Indian
Affairs).
CONGRESSIONAL RECORD, Vol. 130 (1984): Apr. 30, considered and
passed House. May 3, considered and passed Senate.
PUBLIC LAW 98-289, 98 STAT. 199
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 "Irish Wilderness Act of 1984.'
SEC. 2. (a) In furtherance of the purposes of the Wilderness Act (16
U.S.C. 1131-1136), certain lands in the Mark Twain National Forest,
Missouri, which comprise approximately sixteen thousand five hundred
acres, as generally depicted on a map entitled "Irish Wilderness', dated
March 27, 1984, are hereby designated as wilderness and shall be known
as the Irish Wilderness.
(b) Subject to valid existing rights, the wilderness area designated
under subsection (a) shall be administered by the Secretary of
Agriculture (hereinafter in this Act referred to as the "Secretary') in
accordance with the provisions of the Wilderness Act of 1964 (16 U.S.C.
1131-1136) governing areas designated by that Act as wilderness 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.
(c) As soon as practicable after the date of the enactment of this
Act, the Secretary shall submit a map and legal description of the
wilderness area designated by subsection (a) to 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. Such
map and legal description shall have the same force and effect as if
included in this Act, except that any clerical or typographical error in
such map or legal description may be corrected. The Secretary shall
place such map and legal description on file, and make them available
for public inspection, in the office of the Chief of the Forest Service,
Department of Agriculture.
SEC. 3. The provision of Public Law 98-146 (97 Stat. 919, at 921),
reading ": Provided further, That subject to valid existing rights, no
appropriation herein made shall be used by the Secretary of the Interior
for the processing or issuance of prospecting permits in certain lands
in the Mark Twain National Forest, Missouri, which comprise
approximately 17,562 acres, as generally depicted on a map entitled
"Irish Wilderness -- Proposed', dated December 1981' is hereby repealed.
Approved May 21, 1984.
LEGISLATIVE HISTORY -- S. 64:
HOUSE REPORTS: No. 98-337, Pt. 1 (Comm. on Interior and Insular
Affairs) and No. 98-663 (Comm. of Conference).
SENATE REPORT No. 98-45 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 129 (1983):
Vol. 129 (1983): Apr. 13, considered and passed Senate.
Aug. 1, 2, considered and passed House, amended.
Vol. 130 (1984): May 2, House agreed to conference report.
May 3, Senate agreed to conference report.
Public Law 98-288, 98 Stat. 189
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 "Domestic Volunteer Service Act Amendments of 1984". "42
USC 4951 note"
SEC. 2. Section 101 of the Domestic Volunteer Service Act of 1973
"42 USC 4951" (hereafter in this Act referred to as the "Act") is
amended --
(1) in the second sentence --
(A) by inserting "and alleviate" after "eliminate";
(B) by striking out "human, social, and environmental" after
"poverty-related";
(C) by inserting ", all geographical areas," after "all walks
of life"; and
(D) by inserting "low-income individuals," before "elderly";
and
(2) by adding at the end thereof the following new sentence:
"In addition the objective of this part is to generate the
commitment of private sector resources and to encourage volunteer
service at the local level to carry out the purposes set forth in
this section.".
SEC. 3. Section 102 of the Act "42 USC 4952" is amended by inserting
"(a)" after the section designation and by adding at the end thereof the
following new subsections:
"(b) If any applicant under this part who is recruited locally
becomes unavailable for service prior to the commencement of service,
the recipient of the project grant or contract may replace such
applicant with another qualified applicant approved by the Director.
"(c) The Director shall ensure that not less than 20 per centum of
all volunteers under this part are fifty-five years of age or older.".
SEC. 4. (a) Section 103(a) of the Act "42 USC 4953" is amended --
(1) in the matter preceding clause (1) --
(A) by inserting "in the local communities in which the
volunteers were recruited" after "States"; and
(B) by inserting ", including work" after "programs"; and
(2) by striking out in paragraph (2) ", under the supervision
of nonprofit institutions or facilities, and" and inserting in
lieu thereof a semicolon;
(3) by striking out in clause (3) "the Economic Opportunity Act
of 1964, as amended (42 U.S.C. chapter 34)" and inserting in lieu
thereof "the Community Service Block Grant Act, "42 USC 9901 note"
titles VIII and X of the Economic Opportunity Act of 1964, the
Headstart Act "42 USC 2991, 2996" or the Community Economic
Development Act of 1981," "42 USC 9801 note"; and
(4) by redesignating clause (3) as clause (5) and by inserting
immediately after clause (2) the following new clauses: "42 USC
9801 note"
"(3) in addressing the problems of the homeless, the jobless,
the hungry, illiterate or functionally illiterate youth and other
individuals, and low-income youths;
"(4) in addressing the special needs connected with alcohol and
drug abuse prevention, education, and related activities,
consistent with the purpose of this part; and".
(b) Section 103(b) of the Act "42 USC 4953" is amended by striking
out all that follows the first sentence and inserting in lieu thereof
"The Director shall make efforts to assign volunteers to serve in their
home communities or in nearby communities and shall make national
efforts to attract other volunteers to serve in the VISTA program.".
(c)(1) Section 103 of the Act is further amended --
(A) by redesignating subsections (c) and (d) as subsections (e)
and (f), respectively; and
(B) by inserting after subsection (b) the following new
subsections:
"(c) The Director shall provide each low-income community volunteer
with an individual plan for job advancement or for transition to a
situation leading to gainful employment. Whenever feasible, such
efforts shall be coordinated with an appropriate private industry
council under the Job Training Partnership Act "29 USC 1501 note"
"(d) The Director may provide or arrange for educational and
vocational counseling of volunteers and recent former volunteers under
this part to (1) encourage them to use, in the national interest, the
skills and experience which they have derived from their training and
service, particularly working in combating poverty as members of the
helping professions, and (2) promote the development of appropriate
opportunities for the use of such skills and experience, and the
placement therein of such volunteers.".
(2) Section 402 of the Act "42 USC 5042" is amended by --
(A) striking out all of clause (13); and
(B) redesignating clauses (14) and (15) as clauses (13) and
(14), respectively.
(d) The first sentence of section 103(f) "42 USC 4953" (as
redesignated by subsection (c) of this section) is amended by striking
out "duties or work in a program or project in any State unless such
program or project" and inserting in lieu thereof "work in a program or
project in any community unless the application for such program or
project contains evidence of local support and".
SEC. 5. Section 104(a) "42 USC 4954" is amended --
(1) by striking out "human, social, and environmental" in the
first sentence; and
(2) by striking out "this" the first place it appears in the
second sentence and inserting in lieu thereof "the requirement for
full-time commitment".
SEC. 6. Section 105(b) of the Act "42 USC 4955" is amended by
inserting "pre-service training and where appropriate in-service
training," after "supervision,".
SEC. 7. Section 106 of the Act "42 USC 4956" is amended by striking
out "take all necessary steps to establish, in regulations he shall
prescribe" and insert in lieu thereof "establish in regulations".
SEC. 8. Section 108 of the Act "42 USC 4958" is amended --
(1) by striking out in the first sentence of subsection (a)
"1977" and inserting in lieu thereof "1984";
(2) by striking out all of the second sentence of subsection
(a); and
(3) in subsection (b)(2) by striking out "human, social, or
environmental".
SEC. 9. Section 111 of the Act "42 USC 4971" is amended --
(1) by inserting immediately before the first sentence of such
section the following new sentence: "The purpose of this part is
to assist students, through service-learning programs, to
undertake volunteer service in such a way as to enhance the
educational value of the service experience, through participation
in activities that strengthen and supplement efforts to eliminate
and alleviate poverty and poverty-related problems."; and
(2) by striking out "encourage other students" in the third
sentence and all that follows through the end of such subsection
and inserting in lieu thereof "provide technical assistance and
training to encourage other students and faculty to engage in
volunteer service on a part-time, self-supporting basis, to meet
the needs of the poor in the surrounding community through
expansion of service-learning programs and otherwise.".
SEC. 10. Section 114(a) of the Act "42 USC 4974" is amended to read
as follows:
"SEC. 114. (a) The Director is authorized to make grants and
contracts for technical assistance, training, and projects which
encourage and enable students in secondary, secondary vocational, and
postsecondary schools to participate in service-learning programs on an
in-school or out-of-school basis in assignments of a character and on
such terms and conditions as are described in subsections (a) and (e) of
section 103. "42 USC 4953" Any project assisted under this part shall
meet the anti-poverty criteria of section 111 "42 USC 4971" and contain
an educational and service component.".
SEC. 11. Section 121 of the Act "42 USC 4991" is amended --
(1) by striking out "human, social, and environmental"; and
(2) by adding at the end thereof the following new sentence:
"It is the further purpose of this part to provide technical and
financial assistance to encourage voluntary organizations and
volunteer efforts at the national, State, and local level.".
SEC. 12. Section 122 of the Act "42 USC 4992" is amended by
inserting at the end thereof the following new subsection (d):
"(d)(1) In carrying out programs authorized by this part, the
Director shall establish criteria to make grants and enter into
contracts, in each fiscal year, on the basis of merit and the equitable
geographic distribution of programs.
"(2) No grant or contract exceeding $50,000 shall be made under this
part unless the grantee or contractor has been selected by a competitive
process which includes public announcement of the availability of funds
for such grant or contract, general criteria for the selection of
recipients or contractors, and a description of the application process
and application review process.
"(3) Multiple grants or contracts to the same grantee or contractor
within any one year to support activities having the same general
purpose shall be deemed to be a single grant for the purpose of this
subsection, but multiple grants or contracts to the same grantee or
contractor to support clearly distinct activities shall be considered
separate grants or contracts.".
SEC. 13. Section 123 of the Act "42 USC 4993" is amended by striking
out "or (2)" and inserting in lieu thereof "(2) technical assistance and
training programs, including the creation or expansion of private
capabilities where possible and the development of voluntary
organizations, with particular emphasis on low-income, minority, and
community-based groups, or (3)".
SEC. 14. (a) Section 201(a) of the Act (42 U.S.C. 5001(a)) is
amended by striking out "he" each place it appears and inserting in lieu
thereof "the Director".
(b) Section 201(b) of the Act (42 U.S.C. 5001(b)) is amended by
striking out "30 per centum" and all that follows through "years", and
inserting in lieu thereof "and 30 per centum in any subsequent such
years".
(c) Section 211 of the Act (42 U.S.C. 5011) is amended --
(1) in subsection (a) by striking out "he" each place it
appears and inserting in lieu thereof "the Director";
(2) in subsection (b)(2) by adding at the end thereof "If the
particular foster grandparent subject to the determination under
this paragraph becomes unavailable to serve after such
determination is made, the agency or organization may select
another foster grandparent.";
(3) in subsection (d) --
(A) by striking out "he" each place it appears and inserting in
lieu thereof "the Director"; and
(B) by striking out "$2" each place it appears and inserting in
lieu thereof "$2.20"; and
(4) by amending subsection (e) to read as follows:
"(e) For purposes of this part, the terms 'low-income person' and
'person of low income' mean --
"(1) any person whose income is not more than 125 per centum of
the poverty line defined in section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2)) and adjusted by the
Director in the manner described in such section; and
"(2) any person whose income is not more than 100 per centum of
such poverty line, as so adjusted and determined by the Director
after taking into consideration existing poverty guidelines as
appropriate to local situations.
Persons described in paragraph (2) shall be given special consideration
for participation in projects under this part.".
SEC. 15. Section 213 of the Act "42 USC 5013" is amended by adding
at the end thereof the following new subsection:
"(c)(1) The Director is authorized to make grants or contracts for
senior companion projects to assist homebound elderly to remain in their
own homes and to enable institutionalized elderly to return to home care
settings.
"(2)(A) The Director is authorized to recruit, subject to
subparagraph (B), senior companion volunteer trainers who on the basis
of experience (such as, doctors, nurses, home economists, social
workers) will be used to train senior companion volunteers to
participate in and monitor initial and continuing needs assessments and
appropriate in-home services for senior companion volunteer recipients.
The needs assessments and in-home services shall be coordinated with and
supplement existing community based home health and long-term care
systems. The Director may also use senior companion volunteer leaders,
who on the basis of experience as volunteers, special skills, and
demonstrated leadership abilities may spend time in the program (in
addition to their regular assignment) to assist newer senior companion
volunteers in performing their assignments and in coordinating
activities of such volunteers.
"(B) Senior companion volunteer trainers recruited under subparagraph
(A) of this paragraph shall not be paid stipends.
"(3) The Director shall conduct an evaluation of the impact of the
projects assisted under this subsection based upon a sample survey of
projects so assisted. In the third year of such study, the Director
shall prepare and submit a report to the Congress. Such evaluation
study shall include information on --
"(A) the extent to which costs of providing long-term care are
reduced by using senior companion volunteers who receive stipends
in the provision of long-term care services;
"(B) the effectiveness of the provision of long-term care with
the use of volunteers;
"(C) the extent to which health care needs and health related
costs of the senior companion volunteers themselves are affected
because of their involvement in the project;
"(D) the extent of coordination with other Federal and State
efforts aimed at enabling older individuals to receive care in
their own homes; and
"(E) the effectiveness of using senior companion volunteer
leaders and of involving senior companion volunteers based on the
training of the volunteer leaders and volunteers.".
CONTRIBUTIONS
SEC. 16. (a) Part C of title II of the Act is amended by adding at
the end thereof the following new section:
"SEC. 224. "42 USC 5024" Whenever locally generated contributions
made to volunteer programs for older Americans under this title are in
excess of the amount required by the Director, the Director may not
restrict the manner in which such contributions are expended if
expenditures from locally generated contributions are not inconsistent
with the provisions of this Act.".
(b) The table of contents of part C of title II of the Act is amended
by inserting after item "Sec. 223." the following new item:
"Sec. 224. Use of locally generated contributions in older American
volunteer programs.".
SEC. 17. Section 401 of the Act "42 USC 5041" is amended --
(1) by inserting before the period at the end of the first
sentence the following: "in order to provide a focal point for
volunteerism at the national, State, and local level"; and
(2) by striking out all of such section after the fourth
sentence and inserting in lieu thereof the following: "There
shall also be in such agency one Associate Director who shall be
appointed by the President with the advice and consent of the
Senate, and shall be compensated at the rate provided for level 5
of the Executive Schedule under section 5316 of title 5, United
States Code. Such Associate Director shall be designated
'Associate Director for Domestic and Anti-Poverty Operations' and
shall carry out operational responsibility for all programs
authorized under this Act. There shall also be in such agency two
Assistant Directors, each of whom shall be appointed by the
Director, and who shall report directly to the Associate Director
for Domestic and Anti-Poverty Operations. One such Assistant
Director shall be primarily responsible for VISTA and other
antipoverty programs under title I of this Act, "42 USC 4951" and
one such Assistant Director shall be primarily responsible for the
Older American Volunteer Programs under title II of this Act.".
"42 USC 5001"
SEC. 18. (a) Section 402(1) of the Act "42 USC 5042" is amended by
inserting immediately before the semicolon at the end thereof the
following: "except that the number of schedule C employees, individuals
employed on a temporary basis at GS-8 or higher, experts, and
consultants shall at no time exceed 8.5 per centum of the total number
of individuals employed by the ACTION Agency".
(b) The amendment made by subsection (a) shall take effect one year
after the date of the enactment of this Act. "42 USC 5042 note"
SEC. 19. Section 404(f) of the Act "42 USC 5044" is amended --
(1) by striking out "and except as provided in the second
sentence of this subsection" in the first sentence; and
(2) by striking out the second sentence.
SEC. 20. (a) Effective January 1, 1986, section 405 of the Act "42
USC 5045" is repealed.
(b) Effective January 1, 1986, the item relating to section 405 in
the table of contents is repealed.
SEC. 21. Section 407 of the Act "42 USC 5047" is amended by
inserting at the end thereof the following new sentence: "Such report
shall reflect the findings and actions taken as a result of any
evaluation conducted pursuant to section 416.". "42 USC 5056"
SEC. 22. Section 412 of the Act "42 USC 5052" is amended --
(1) by inserting "(a)" after "412.";
(2) by striking out in paragraph (1) ", nor shall an" and all
that follows to the end of such paragraph and inserting in lieu
thereof a semicolon;
(3) by redesignating paragraph (2) as paragraph (4);
(4) by inserting after paragraph (1) the following new
paragraphs:
"(2) an application for refunding under this Act may not be
denied unless the recipient has been given (A) notice at least 75
days before the denial of such application of the possibility of
such denial and the grounds for any such denial, and (B)
opportunity to show cause why such action should not be taken;
"(3) in any case where an application for refunding is denied
for failure to comply with the terms and conditions of the grant
or contract award, the recipient shall be afforded an opportunity
for an informal hearing before an impartial hearing officer, who
has been agreed to by the recipient and the Agency; and"; and
(5) inserting at the end thereof the following new subsection:
"(b) In order to assure equal access to all recipients, such hearings
or other meetings as may be necessary to fulfill the requirements of
this section shall be held at locations convenient to the recipient
agency.".
SEC. 23. Section 416(a) of the Act "42 USC 5056" is amended --
(1) by striking out "periodically" and inserting in lieu
thereof "biennially"; and
(2) in the second sentence by striking out "or project
evaluated." and inserting in lieu thereof "or any project of such
program being evaluated. Such evaluation shall also measure and
evaluate compliance with the equitable distribution requirement of
section 414 of this Act.". "42 USC 5054"
SEC. 24. Section 418 of the Act "42 USC 5058" is amended by
inserting "workers' compensation," after "public assistance,".
SEC. 25. Section 419 of the Act "42 USC 5059" is amended by striking
out "or section 8(b)(1) of the Small Business Act, as amended (15 U.S.C.
637(b)(1))".
SEC. 26. Section 420 of the Act "42 USC 5060" is amended --
(1) by striking out in subsection (c)(1) "Except as provided in
paragraph (2)(B) of this subsection, no" and inserting in lieu
thereof "No";
(2) in subsection (c)(2)(A) by striking out "(A)" after "(2)";
(3) by striking out paragraph (B) of subsection (c)(2); and
(4) in subsection (d) --
(A) by striking out in the second sentence "Except as is
provided in the following sentence, no" and inserting in lieu
thereof "No"; and
(B) by striking out the third sentence.
SEC. 27. (a) Section 501 of the Act "42 USC 5081" is amended to read
as follows:
"SEC. 501. (a) There is authorized to be appropriated to carry out
part A of title I of this Act "42 USC 4951" $17,000,000 for fiscal year
1984, $20,000,000 for fiscal year 1985, and $25,000,000 for fiscal year
1986.
"(b) There is authorized to be appropriated to carry out part B of
title I of this Act "42 USC 4971" $1,800,000 for the fiscal year 1984
and for each of the fiscal years 1985 and 1986.
"(c) There is authorized to be appropriated to carry out part C of
title I of this Act "42 USC 4991" $1,984,000 for the fiscal year 1984
and for each of the fiscal years 1985 and 1986.
"(d)(1) Of the amounts appropriated under this section for parts A,
B, and C of title I, there shall first be available for part A of title
I an amount not less than the amount necessary to provide --
"(A) 2,000 years of volunteer service in fiscal year 1984;
"(B) 2,200 years of volunteer service in fiscal year 1985;
and
"(C) 2,400 years of volunteer service in fiscal year 1986.
"(2) For purposes of paragraph (1), the term 'volunteer service'
shall include training and other support required under this Act for
purposes of part A of title I. "42 USC 4951"
"(3) The requirement of paragraph (1)(A) shall not apply unless there
is appropriated for title I for fiscal year 1984 an amount in addition
to amounts available under Public Law 98-151. "97 Stat. 964."
"(e) No part of the funds authorized under subsection (a) may be used
to provide volunteers or assistance to any program or project authorized
under part B or C of title I, or under title II, "42 USC 4971, 4991,
5001" unless the program or project meets the antipoverty criteria of
part A of title I." "42 USC 4951"
(b) The item related to section 501 in the table of contents of the
Act is amended by inserting "authorization" after "programs".
SEC. 28. (a) Section 502(a) of the Act (42 U.S.C. 5082(a)) is
amended --
(1) by striking out "$28,691,000 for fiscal year 1982 and";
and
(2) by inserting "$29,700,000 for fiscal year 1984, $30,400,000
for fiscal year 1985, and $31,100,000 for fiscal year 1986" after
"1983,".
(b) Section 502(b) of the Act (42 U.S.C. 5082(b)) is amended --
(1) by striking out "$49,670,000 for fiscal year 1982 and";
and
(2) by inserting "$54,300,000 for fiscal year 1984, $56,700,000
for fiscal year 1985, and $58,700,000 for fiscal year 1986" after
"1983,".
(c) Section 502(c) of the Act (42 U.S.C. 5082(c)) is amended --
(1) by striing out "$16,610,000 for fiscal year 1982 and";
and
(2) by inserting "$27,800,000 for fiscal year 1984, $28,200,000
for fiscal year 1985, and $28,600,000 for fiscal year 1986" after
"1983,".
SEC. 29. Section 504 of the Act "42 USC 5084" is amended to read as
follows:
"SEC. 504. There is authorized to be appropriated for the
administration of this Act, as authorized in title IV of this Act, "42
USC 5041" $25,800,000 for fiscal year 1984, $27,000,000 for fiscal year
1985, and $28,000,000 for fiscal year 1986.".
SEC. 30. (a) Section 417(c)(1) of the Act "42 USC 5057" is amended
by striking out "and the Peace Corps Act (22 U.S.C. 2501 et seq.)".
(b)(1) Section 112 of the Act "42 USC 4972" is amended by striking
out "103(d)" and inserting in lieu thereof "103(f)".
(2) Section 122(c)(2)(B) of the Act "42 USC 4992" is amended by
striking out "103(d)" and inserting in lieu thereof "103(f)".
SEC. 31. (a) Section 673(2) of the Community Services Block Grant
Act (42 U.S.C. 9902(2)) is amended --
(1) by striking out "established by the Director of the Office
of Management and Budget" and inserting in lieu thereof "defined
by the Office of Management and Budget based on Bureau of the
Census data"; and
(2) by inserting "For All Urban Consumers" after "Consumer
Price Index".
(b) Section 683(c)(1) of the Community Services Block Grant Act (42
U.S.C. 9912(c)(1)) is amended by striking out "section 624" and
inserting in lieu thereof "section 624 or 625".
Approved May 21, 1984.
LEGISLATIVE HISTORY -- S. 1129 (H.R. 2655):
HOUSE REPORTS: No. 98-161 accompanying H.R. 2655 (Comm. on Education
and Labor) and No. 98-679 (Comm. of Conference).
SENATE REPORT No. 98-182 (Comm. on Labor and Human Resources).
CONGRESSIONAL RECORD: Vol. 129 (1983): Sept. 14, considered and
passed Senate. October 17, 28, H.R. 2655 considered and passed House;
S. 1129, amended, passed in lieu. Vol. 130 (1984): Apr. 11, Senate
agreed to conference report. May 8, House agreed to conference report.
PUBLIC LAW 98-287, 98 STAT. 188
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. That the Secretary of Agriculture is authorized and
directed to survey and convey, by quitclaim deed and without
consideration, to the city of Show Low, Arizona, all right, title, and
interest of the United States to the lands generally depicted on a map
entitled "Land Conveyance, City of Show Low, Arizona', and dated
February 1984, which shall be on file and available in the office of the
Chief of the Forest Service, Department of Agriculture, and more
particularly described as a tract of land, together with improvements
thereon, known as the Show Low City Park estimated to include
approximately 52.46 acres.
SEC. 2. Title to any real property acquired by the city of Show Low
pursuant to this Act shall revert to the United States if the city
attempts to convey or otherwise transfer ownership of any portion of
such property to any other party or attempts to encumber such title, or
if the city permits the use of any portion of such property for any
purpose incompatible with the purposes specified in section 3 of this
Act.
SEC. 3. Real property conveyed to the city of Show Low pursuant to
this Act shall be used only for public open space, park and recreational
purposes.
Approved May 21, 1984.
LEGISLATIVE HISTORY -- S. 597 (S. 613):
HOUSE REPORT No. 98-609 (Comm. on Interior and Insular Affairs).
SENATE REPORT No. 98-12 accompanying S. 613 (Comm. on Energy and
Natural Resources).
CONGRESSIONAL RECORD:
Vol. 129 (1983): Apr. 13, considered and passed Senate.
Vol. 130 (1984): Mar. 5, considered and passed House, amended.
Apr. 11, Senate concurred in House amendment with amendment.
May 2, House concurred in Senate amendment.
PUBLIC LAW 98-286, 98 STAT. 187
Whereas programs involving the arts enhance the learning and enrich
the lives of disabled persons;
Whereas arts with the handicapped is a means of integrating disabled
persons into the mainstream of education and cultural society;
Whereas programs bringing arts to the handicapped inform the general
public, parents, volunteers, and the business community of the value of
arts to the disabled;
Whereas emphasis is needed to expand support for arts programs with
the handicapped and to increase participation and commitment of the
community and educators to these activities;
Whereas the National Committee Arts With the Handicapped, an
educational affiliate of the John F. Kennedy Center for the Performing
Arts, will celebrate its tenth anniversary as the coordinating agency
for arts programs for disabled children with a very special arts
festival in Washington, District of Columbia, during the week of May 20,
1984; and
Whereas the committee conducts education programs in all fifty
States, the District of Columbia, and Puerto Rico to assure that all
disabled persons have access to programs which bring the arts into their
lives: 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 May 20, 1984,
through May 26, 1984, is designated as "National Arts With the
Handicapped Week', and the President is authorized and requested to
issue a proclamation calling upon the people of the United States to
observe the week with appropriate programs, ceremonies, and activities.
Approved May 17, 1984.
LEGISLATIVE HISTORY -- S.J. Res. 220:
CONGRESSIONAL RECORD, Vol. 130 (1984):
Feb. 27, considered and passed Senate.
May 3, considered and passed House.
PUBLIC LAW 98-285, 98 STAT. 186
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 the
Congress, to Aminda Badeau Wilkins, the widow of Roy Wilkins, a gold
medal of appropriate design in recognition of the incomparable
contribution of Roy Wilkins to the struggle for civil rights and
equality for all Americans. 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 $25,000 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.
SEC. 2. The medals provided for in this Act are national medals for
purposes of section 5111 of title 31, United States Code.
Approved May 17, 1984.
LEGISLATIVE HISTORY -- H.R. 3240:
CONGRESSIONAL RECORD, Vol. 130 (1984):
Mar. 13, considered and passed House.
May 8, considered and passed Senate.
PUBLIC LAW 98-284, 98 STAT. 181
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 Native Latex Commercialization and Economic Development Act of
1978 "7 USC 178' (hereinafter referred to as "the Act') is amended to
read as follows: "That this Act may be cited as the "Critical
Agricultural Materials Act'.'.
SEC. 2. Section 2 of the Act "7 USC 178' is amended --
(1) by inserting "(1)' after "SEC. 2. (a)';
(2) by redesignating subsections (b) through (e) as paragraphs
(2) through (5); and
(3) by striking out paragraph (5) (as so redesignated) and
inserting in lieu thereof the following:
"(5) Congress further recognizes that ongoing research into the
development and commercialization of native latex has been conducted by
the Department of Agriculture, the Department of Commerce, the National
Science Foundation, and other public as well as private and industrial
research groups, and that these research efforts should be continued and
expanded.'; and
(4) by striking out subsection (f) and inserting in lieu
thereof the following:
"(b) In addition, Congress recognizes that the development of a
domestic industry or industries for the production and manufacture from
native agricultural crops of products other than rubber which are of
strategic and industrial importance but for which the Nation is now
dependent upon foreign sources, would benefit the economy, the defense,
and the general well-being of the Nation, and that additional research
efforts in this area should be undertaken or continued and expanded.
"(c) It is therefore the policy of the United States to provide for
the development and demonstration of economically feasible means of
culturing and manufacturing Parthenium and other hydrocarbon-containing
plants, along with other native agricultural crops, for the production
of critical agricultural materials to benefit the Nation and promote
economic development.'.
SEC. 3. (a) Section 3(d) of the Act "7 USC 178a' is amended to read
as follows:
"(d) The term "native' means hydrocarbon-containing plants and other
agricultural crops of strategic and industrial importance which may be
cultured in North America, especially plants which are members of the
genus Parthenium known as Guayule.'; and
(b) Section 3 of the Act is further amended by striking out
subsection (e).
SEC. 4. (a) Section 4(a) of the Act "7 USC 178b' is amended by
striking out "Guayule Research and Commercialization' and inserting in
lieu thereof "Research and Development of Critical Agricultural
Materials'.
(b) Section 4(b) of the Act "7 USC 178b' is amended to read as
follows:
"(b) The Joint Commission shall consist of the following members:
Three individuals designated by the Secretary of Agriculture from among
the staff of the Department of Agriculture; three individuals
designated by the Secretary of Commerce from among the staff of the
Department of Commerce; a representative of the Bureau of Indian
Affairs of the Department of the Interior; a representative of the
National Science Foundation; a representative of the Department of
State; a representative of the Department of Defense; and a
representative of the Federal Emergency Management Agency. Each of the
members of the Joint Commission shall be an individual who, on behalf of
the Department or agency which such individual represents, is engaged in
the support of research, development, demonstration, and
commercialization activities involving native latex and the production
of other critical agricultural materials from native agricultural
crops.'.
(c) Section 4(c) of the Act is amended to read as follows:
"(c) The Joint Commission shall be headed by a Chairman who shall be
selected by the Secretary of Agriculture from among the three
individuals designated by the Secretary as members under subsection
(b).'.
(d) Section 4(h) of the Act is amended by striking out "rubber
manufacturing and commerce' and inserting in lieu thereof "manufacturing
and commerce involving rubber and other critical agricultural
materials'.
SEC. 5. Section 5 of the Act "7 USC 178c' is amended --
(1) by striking out the first sentence and inserting in lieu
thereof the following:
"(a) The Department of Agriculture shall be the lead agency in
carrying out this Act.
"(b) The Secretary of Agriculture shall conduct, sponsor, promote,
and coordinate basic and applied research, technology development, and
technology transfer leading to effective and economical methods for
large-scale culturing of plantations and the extraction of latex from
Parthenium or other hydrocarbon-containing plants, and for the
development of other critical agricultural materials from native
agricultural crops having strategic and industrial importance.';
(2) by redesignating clauses (a) through (h) in the second
sentence as paragraphs (1) through (8), respectively;
(3) by striking out paragraph (3) (as so redesignated) and
inserting in lieu thereof the following:
"(3) accelerating present plant breeding, genetics, and
selection programs for the purpose of improving and increasing
latex yields, expanding insect and disease resistance, broadening
the ranges of drought and cold resistance of the Parthenium plant,
and providing a system of regional research trials for enhancing
and increasing the supply of foundation seed for certified seed
production;';
(4) by striking out paragraph (4) (as so redesignated) and
inserting in lieu thereof the following:
"(4) establishing a system of large-scale experimental
plantings (aggregating ten thousand acres or more) to provide
shrub for feedstock to process in the developmental rubber
processing facility described in paragraph (7);';
(5) by striking out paragraph (7) (as so redesignated) and
inserting in lieu thereof the following:
"(7) accelerating the refinement of present extraction and
processing technologies and future extraction technologies,
including the development and construction of a developmental
rubber processing facility for the extraction and production of
test quantities of guayule natural rubber;';
(6) by striking out the period at the end of paragraph (8) (as
so redesignated) and inserting in lieu thereof "; and';
(7) by adding after paragraph (8) (as so redesignated) the
following new paragraph:
"(9) studying the economic feasibility of developing other
native agricultural crops (in addition to Parthenium and other
hydrocarbon-containing plants) that would supply critical
agricultural materials for strategic and industrial purposes, and,
to the extent appropriate, carrying out research activities with
respect to such crops in the manner specified in paragraphs (1)
through (8).'; and
(8) by adding at the end thereof the following new subsection:
"(c) The Secretary of Agriculture shall establish within the
Department of Agriculture an Office of Critical Agricultural Materials,
as a central location where such Department can address research and
development with respect to agricultural crops that have the potential
of producing critical materials for strategic and industrial purposes.'.
SEC. 6. Section 6 of the Act is amended -- "7 USC 178d'
(1) by inserting before the period at the end of the first
sentence the following: "or the manufacture and commercialization
of other critical agricultural materials from native agricultural
crops having strategic and industrial importance';
(2) by striking out "may be carried out through the Regional
Commissions or otherwise and' in the second sentence;
(3) by striking out "and' at the end of clause (e);
(4) by striking out the period at the end of clause (f) and
inserting in lieu thereof "; and'; and
(5) by adding after clause (f) the following new clause:
"(g) to the extent appropriate, carrying out research
activities with respect to native agricultural crops (other than
Parthenium and other hydrocarbon-containing plants) that would
supply critical agricultural materials for strategic and
industrial purposes, in the manner specified in clauses (a)
through (f).'.
SEC. 7. Section 7 of the Act "7 USC 178e' is amended --
(1) by inserting ", the Government of Australia, and the
Government of Israel' after "Mexico'; and
(2) by striking out "latex extraction and processing' and
inserting in lieu thereof "extraction and processing of latex and
other critical agricultural materials produced in the United
States'.
SEC. 8. Section 8 of the Act "7 USC 178f' is amended by inserting
before the period at the end thereof the following: "or to other
critical agricultural materials'.
SEC. 9. Section 9 of the Act "7 USC 178g' is amended --
(1) by inserting "or the culture of other native agricultural
crops which could supply critical agricultural materials' before
the semicolon in clause (h); and
(2) by inserting "or the technology of other native
agricultural crops which could supply critical agricultural
materials' before the semicolon in clause (i).
SEC. 10. Section 10 of the Act "7 USC 178h' is amended --
(1) by striking out "the provisions of this section' and
inserting in lieu thereof "the provisions of this Act';
(2) by striking out ", acting through the Regional Commissions
or otherwise,';
(3) by inserting "having expertise in native agricultural crops
which could supply critical agricultural materials' after
"personnel' in clause (b); and
(4) by striking out "natural rubber manufacture' in clause (f)
and inserting in lieu thereof "the activities authorized by this
Act'.
SEC. 11. Section 11 of the Act "7 USC 178i' is amended --
(1) by striking out "shall insure that their activities are
closely coordinated with the activities of other Federal agencies'
and inserting in lieu thereof "shall cooperate with each other in
the conduct of their activities under this Act, and shall insure
that their activities under this Act are closely coordinated with
the activities of other Federal agencies';
(2) by inserting "Department of State,' after "Department of
Energy,'; and
(3) by striking out "Federal Preparedness Agency, and others'
and inserting in lieu thereof "Federal Emergency Management
Agency, and others,'.
SEC. 12. Section 13 of the Act "7 USC 178k' is amended --
(1) by striking out "The Secretary of Agriculture and the
Secretary of Commerce' and inserting in lieu thereof "The
Secretaries';
(2) by inserting after "byproducts' the following: ", as well
as products, other than rubber, developed from agricultural crops
which are of strategic and industrial importance,'; and
(3) by inserting after the first sentence the following new
sentence: "Dispositions under this section may include sales of
the materials involved to other Federal departments and agencies
for testing purposes.'.
SEC. 13. Section 14 of the Act "7 USC 178l' is amended by striking
out "The Secretary of Agriculture and the Secretary of Commerce' and
inserting in lieu thereof "The Secretaries'.
SEC. 14. Section 15 of the Act "7 USC 178m' is amended --
(1) by striking out "The Secretary of Agriculture and the
Secretary of Commerce' and inserting in lieu thereof "The
Secretaries'; and
(2) by striking out "1982' and inserting in lieu thereof
"1987'.
SEC. 15. (a) Section 16(a) of the Act "7 USC 178n' is amended by
striking out "and' where it appears after "1981,' and by inserting after
"1983,' the following: "$5,000,000 for the fiscal year ending September
30, 1984, $5,500,000 for the fiscal year ending September 30, 1985,
$6,500,000 for the fiscal year ending September 30, 1986, $7,500,000 for
the fiscal year ending September 30, 1987, and $8,000,000 for the fiscal
year ending September 30, 1988.'
(b) Section 16(b) of the Act is amended by striking out "and' where
it appears after "1981,' and by inserting after "1983,' the following:
"$2,500,000 for the fiscal year ending September 30, 1984, $3,000,000
for the fiscal year ending September 30, 1985, $3,500,000 for the fiscal
year ending September 30, 1986, $4,000,000 for the fiscal year ending
September 30, 1987, and $4,500,000 for the fiscal year ending September
30, 1988,'.
(c) Section 16 of the Act "7 USC 178n' is further amended by adding
at the end thereof the following new subsection:
"(e) Notwithstanding any other provision of this Act, the Secretaries
and the Joint Commission shall limit their activities under this Act to
critical agricultural materials other than native latex after the close
of the fiscal year ending September 30, 1988.'.
Approved May 16, 1984.
LEGISLATIVE HISTORY -- H.R. 2733:
HOUSE REPORTS: No. 98-109, Pt. 1 (Comm. on Agriculture) and Pt. 2
(Comm. on Science and Technology).
SENATE REPORT No. 98-164 (Comm. on Agriculture, Nutrition, and
Forestry).
CONGRESSIONAL RECORD:
Vol. 129 (1983): May 17, considered and passed House.
Vol. 130 (1984): May 1, considered and passed Senate.
PUBLIC LAW 98-283, 98 STAT. 180
Whereas one of every two adults in our country is a regular
participant in exercise and sports;
Whereas the number of physically active men and women has doubled in
ten years and continues to grow rapidly;
Whereas today we recognize that physical activity is an important
part of daily life for people of both sexes and of all ages;
Whereas physical activity is vital to good health and is a rich
source of pleasure and personal satisfaction;
Whereas our physical fitness and sports programs are one of the
primary means by which we strengthen our bodies and refresh our spirits;
and
Whereas it is essential that we make fitness and sports programs
increasingly available so that all of our citizens will be able to
experience the joys and benefits they offer: 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 month
of May 1984 as "National Physical Fitness and Sports Month', and 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.
Approved May 15, 1984.
LEGISLATIVE HISTORY -- S.J. Res. 232:
CONGRESSIONAL RECORD, Vol. 130 (1984):
Feb. 27, considered and passed Senate.
May 1, considered and passed House.
Public Law 98-282, 98 Stat. 179
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) Subject to
subsection (c), all right, title, and interest of the United States in
the lands described in subsection (b) are declared --
(1) to be held in trust by the United States for the Makah
Indian Tribe, Washington, and
(2) to be a part of the Makah Indian Reservation.
(b) The lands referred to in subsection (a) are the islands described
as follows:
The unsurveyed island of Tatoosh together with its islets and
rocks, located between latitude 48 degrees 23 minutes north and 48
degrees 24 minutes north (protracted township 33 north, range 16
west, in section 2 and protracted township 34 north, range 16
west, in section 35), containing approximately 47.2 acres in
Clallam County, Washington, West Willamette Meridian.
The island known as Waadah Island, described as lot 1 in
section 1, containing 1.89 acres; lot 1 in section 2, containing
22.94 acres; lot 11 in section 11, containing 3.50 acres, and lot
16 in section 12, containing 5.89 acres, all in township 33 north,
range 15 west, West Willamette Meridian, Plat of Survey approved
February 5, 1926.
(c) Nothing in subsection (a) shall deprive the United States of any
right to use, occupy, maintain, replace, expand, or reconstruct any
Coast Guard facility on any island described in subsection (b),
including any aid to navigation and access to any such aid to
navigation. If the United States Coast Guard shall at any time cease to
have need for any such facilities, the Secretary of Transportation (or
the Secretary of Defense when the Coast Guard is operating as a service
in the Navy) shall notify the Makah Indian Tribe and the Secretary of
the Interior of that fact. Upon any such notification, any reservation
of right under this subsection shall terminate.
(d) No existing fishing right of the Makah Indian Tribe shall be
enlarged, impaired, or otherwise affected by subsection (a).
Approved May 14, 1984.
LEGISLATIVE HISTORY -- H.R. 3376 (S. 2468):
HOUSE REPORT No. 98-462 (Comm. on Interior and Insular Affairs).
SENATE REPORT No. 98-403 accompanying S. 2468 (Comm. on Indian
Affairs).
CONGRESSIONAL RECORD: Vol. 129 (1983): Nov. 18, considered and
passed House. Vol. 130 (1984): Apr. 26, considered and passed Senate.
PUBLIC LAW 98-281, 98 STAT. 178
Whereas asthma and allergic diseases result in physical, emotional,
and economic hardship for more than thirty-five million Americans and
their families;
Whereas thousands of Americans, many of them young, die each year
from asthma even though sufficient medical knowledge and resources exist
to prevent many asthma-related deaths;
Whereas student absenteeism is due in significant part to asthma and
allergic diseases;
Whereas environmental conditions in the workplace often cause or
exacerbate asthma and allergic diseases among employees;
Whereas many hospital patients suffer allergic reactions to
prescribed medications;
Whereas it is estimated that the American public pays $2,000,000,000
per year in medical bills directly attributable to the treatment and
diagnosis of asthma and allergic diseases and pays another
$2,000,000,000 per year as a result of the indirect social cost of such
illnesses;
Whereas, because of recent developments in the study of immunology,
health care providers are better equipped to diagnose and treat asthma
and allergic diseases; and
Whereas increased public awareness of recent scientific advancements
in the study of immunology will help dispel many of the common
misconceptions concerning asthma, allergic diseases, and the victims of
those illnesses: 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 on May
6, 1984, is hereby designated as "National Asthma and Allergy Awareness
Week', and the President 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 May 11, 1984.
LEGISLATIVE HISTORY -- S.J. Res. 244:
CONGRESSIONAL RECORD, Vol. 130 (1984):
Apr. 25, considered and passed Senate.
May 3, considered and passed House.
Public Law 98-280, 98 Stat. 177
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) the lands
described in subsection (b) are declared --
(1) to be part of the Allegany Reservation in the State of New
York, and
(2) to have the status of tribal lands for purposes of Federal
law.
(b) The lands referred to in subsection (a) are the lands held by the
Seneca Nation of Indians and more particularly described as follows:
(1) All that piece or parcel of land acquired by the Seneca
Nation of Indians from the State of New York, Department of
Transportation, pursuant to a deed dated September 2, 1981,
situate in lots numbered 24, 25, 26, 28, and 29, township numbered
2, range numbered 7, in the town of Red House, county of
Cattaraugus, State of New York, and consisting of seven hundred
and ninety-five acres, more or less.
(2) All that piece or parcel of land acquired by the Seneca
Nation of Indians from the State of New York, Department of
Transportation, pursuant to a deed dated February 26, 1982,
situate in lot numbered 14, township numbered 2, range numbered 8,
town of Cold Spring, county of Cattaraugus, State of New York, and
consisting of six acres, more or less.
Approved May 9, 1984.
LEGISLATIVE HISTORY -- H.R. 3555 (S. 2061):
HOUSE REPORT No. 98-420 (Comm. on Interior and Insular Affairs).
SENATE REPORT No. 98-402 accompanying S. 2061 (Comm. on Indian
Affairs).
CONGRESSIONAL RECORD: Vol. 129 (1983): Nov. 7, considered and
passed House. Vol. 130 (1984): Apr. 26, considered and passed Senate.
PUBLIC LAW 98-278, 98 STAT. 173
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. (a) The President is authorized to present, on behalf of
the Congress, to Margaret Truman Daniel, a gold medal of appropriate
design, in recognition of the lifetime of outstanding public service
which her father, Harry S Truman, gave to the United States, and in
commemoration of his one hundredth birthday which will be celebrated on
May 8, 1984.
(b) For purposes of the presentation referred to in subsection (a),
the Secretary of the Treasury shall cause to be struck a gold medal with
suitable emblems, devices, and inscriptions to be determined by the
Secretary.
(c) There are authorized to be appropriated not to exceed $25,000 for
fiscal year 1985 to carry out the provisions of this section.
(d) (1) The Secretary of the Treasury may cause duplicates in bronze
of the medal provided for in this section to be coined and sold under
such regulations as the Secretary may prescribe, at a price sufficient
to cover the cost thereof, including labor, materials, dies, use of
machinery, overhead expenses, and the gold medal.
(2) The appropriation used to carry out the provisions of this
section shall be reimbursed out of the proceeds of such sales.
SEC. 2. (a) The Congress finds and declares that --
(1) Lady Bird Johnson represents the finest qualities of
American women, having demonstrated exceptional abilities in the
fields of government, business, and social justice;
(2) Lady Bird Johnson's life of service to the Nation covers a
generation of change in the status of women;
(3) the intelligence and devotion of Lady Bird Johnson to the
concerns of the family, natural resources, and education have
eased the transition of the roles of women and benefited the
Nation;
(4) Lday Bird Johnson, in her roles as wife of a United States
Representative and Senator, First Lady of the United States,
skilled businesswoman, and regent for the University of Texas, has
served as an example of the bridge between the traditional role
and the contemporary roles of women in the United States; and
(5) Lady Bird Johnson has received national recognition with
the presentation of many awards, including the George Foster
Peabody Award, the Eleanor Roosevelt Golden Candlestick Award, the
B'nai B'rith Humanitarian Award, the Business and Professional
Women's Club Businesswomen's Award, the Ladies Home Journal Woman
of the Year Award, the University of Texas Distinguished Alumni
Award, the Department of the Interior Conservation Service Award,
and the Presidential Medal of Freedom.
(b) The President is authorized to present, on behalf of the
Congress, to Lady Bird Johnson a gold medal of appropriate design, in
recognition of her humanitarian efforts and outstanding contributions to
the improvement and beautification of America.
(c) For purposes of the presentation referred to in subsection (b),
the Secretary of the Treasury shall cause to be struck a gold medal with
suitable emblems, devices, and inscriptions to be determined by the
Secretary of the Treasury.
(d) There are authorized to be appropriated not to exceed $25,000 for
fiscal year 1985 to carry out the provisions of this section.
(e) (1) The Secretary of the Treasury may cause duplicates in bronze
of the medal provided for in this section to be coined and sold under
such regulations as the Secretary may prescribe, at a price sufficient
to cover the cost thereof, including labor, materials, dies, use of
machinery, overhead expenses, and the gold medal.
(2) The appropriation used to carry out the provisions of this
section may be reimbursed out of the proceeds of such sales.
SEC. 3. (a) The Congress finds and declares that --
(1) Elie Wiesel is internationally esteemed for his
accomplishments as novelist, teacher, philosopher, critic,
historian, humanitarian, and distinguished citizen of the United
States and the world;
(2) the twenty-five published works of Elie Wiesel include
novels, testimonies, short stories, and essays which fuse the
richness of centuries-old religious traditions with the insights
of modern philosophy;
(3) the life and writings of Elie Wiesel have been the subject
of at least eleven books and his work is taught in high schools,
colleges, and universities throughout the United States;
(4) Elie Wiesel in his role of "spiritual archivist of the
Holocaust' encourages as understanding of the horrors of the past
in order to offer humanity hope for a better and more secure
future;
(5) Elie Wiesel served with distinction as Chairman of the
President's Commission on the Holocaust and as Chairman of the
United States Holocaust Memorial Council;
(6) Elie Wiesel has traveled, written, and worked for the cause
of human rights in Biafra, Lebanon, Cambodia, the Soviet Union,
and Central America; and
(7) Elie Wiesel has received the International Literary Prize
for Peace and the Prix Medicis, two of the most prestigious
literary awards of Europe, and honorary degrees from twenty-five
universities of the United States and Israel.
(b) The President is authorized to present, on behalf of the
Congress, to Elie Wiesel a gold medal of appropriate design, in
recognition of his humanitarian efforts and outstanding contributions to
world literature and human rights.
(c) For purposes of the presentation referred to in subsection (b),
the Secretary of the Treasury shall cause to be struck a gold medal with
suitable emblems, devices, and inscriptions to be determined by the
Secretary of the Treasury.
(d) There are authorized to be appropriated not to exceed $25,000 for
fiscal year 1985 to carry out the provisions of this section.
(e) (1) The Secretary of the Treasury may cause duplicates in bronze
of the medal provided for in this section to be coined and sold under
such regulations as the Secretary may prescribe, at a price sufficient
to cover the cost thereof, including labor, materials, dies, use of
machinery, overhead expenses, and the gold medal.
(2) The appropriation used to carry out the provisions of this
section may be reimbursed out of the proceeds of such sales.
SEC. 4. The medals provided for in this Act are national medals for
the purposes of section 5111 of title 31, United States Code.
Approved May 8, 1984.
LEGISLATIVE HISTORY -- S. 2597 (H.J. Res. 394) (H.R. 3614):
CONGRESSIONAL RECORD, Vol. 130 (1984):
Mar. 13, H.J. Res. 394 and H.R. 3614 considered and passed
House.
Apr. 26, S. 2597 considered and passed Senate and House.
PUBLIC LAW 98-277, 98 STAT. 172
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Federal
building located at 40 Western Avenue, Augusta, Maine, shall hereafter
be named and designated as the "Edmund S. Muskie Federal Building'. 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 "Edmund S. Muskie Federal Building'.
Approved May 8, 1984.
LEGISLATIVE HISTORY -- S. 2460:
SENATE REPORT No. 98-384 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD, Vol. 130 (1984):
Apr. 11, considered and passed Senate.
Apr. 26, considered and passed House.
PUBLIC LAW 98-276, 98 STAT. 169
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 "White House Conference on Small Business Authorization
Act'.
SEC. 2. (a) The President shall call and conduct a National White
House Conference on Small Business (hereinafter referred to as the
"Conference') not earlier than January 1, 1985, and not later than
September 1, 1986, to carry out the purposes described in section 3 of
this Act "15 USC 631'. The Conference shall be preceded by State and
regional conferences with at least one such conference being held in
each State.
(b) Participants in the Conference and other interested individuals
and organizations, are authorized to conduct conferences and other
activities at the State and regional levels prior to the date of the
Conference, subject to the approval of the Administrator of the Small
Business Administration, and shall direct such conferences and
activities toward the consideration of the purposes of the Conference
described in section 3 of this Act in order to prepare for the National
Conference.
SEC. 3. The purpose of the Conference shall be to increase public
awareness of the essential contribution of small business; to identify
the problems of small business; to examine the status of minorities and
women as small business owners; to assist small business in carrying
out its role as the Nation's job creator; to assemble small businesses
to develop such specific and comprehensive recommendations for executive
and legislative action as may be appropriate for maintaining and
encouraging the economic viability of small business and, thereby, the
Nation; and to review the status of recommendations adopted at the 1980
White House Conference on Small Business. "15 USC 631'
SEC. 4. (a) In order to carry out the purposes specified in section 3
of this Act "15 USC 631', the Conference shall bring together
individuals concerned with issues relating to small business: Provided,
That no small business concern representative may be denied admission to
any State or regional conference, nor may any fee or charge be imposed
on any small business concern representative except an amount to cover
the cost of any meal provided to such representative plus a registration
fee of not to exceed $10.
(b) Delegates, including alternates, to the National Conference shall
be elected by participants at the State and regional conferences:
Provided, That each Governor and each chief executive official of the
political subdivisions enumerated in section 4(a) of the Small Business
Act "15 USC 633' may appoint one delegate and one alternate: Provided
further, That each Member of the United States House of Representatives,
including each Delegate, and each Member of the United States Senate may
appoint one delegate and one alternate: And provided further, That the
President may appoint one hundred delegates and alternates. Only
individuals from small businesses shall be eligible for appointment
pursuant to this subsection.
SEC. 5. (a) All Federal departments, agencies, and instrumentalities
are authorized and directed to provide such support and assistance as
may be necessary to facilitate the planning and administration of the
Conference.
(b) in carrying out the provisions of this Act "15 USC 631', the
Administrator of the Small Business Administration --
(1) shall provide such assistance as may be necessary for the
organization and conduct of conferences at the State and regional
levels as authorized under section 2(b) of this Act; and
(2) is authorized to enter into contracts with public agencies,
private organizations, and academic institutions to carry out the
provisions of this Act.
(c) The Chief Counsel for Advocacy shall assist in carrying out the
provisions of this Act by preparing and providing background materials
for use by participants in the Conference, as well as by participants in
State and regional conferences.
(d) Each participant in the Conference shall be responsible for his
or her expenses related to attending the Conference and shall not be
reimbursed either from funds appropriated pursuant to this Act "15 USC
631' or the Small Business Act.
(e) (1) The President is authorized to appoint and compensate an
executive director and such other directors and personel for the
Conference as he may deem advisable, without regard to the provisions of
title 5, United States Code, governing appointments in the competitive
service, and without regard to the provisions of chapter 51 and
subchapter III of chapter 53 "5 USC 5101' of such title relating to
classification and General Schedule pay rates.
(2) Upon request by the executive director, the heads of the
executive and military departments are authorized to detail employees to
work with the executive director in planning and administering the
Conference without regard to the provisions of section 3341 of title 5,
United States Code.
SEC. 6. Not more than six months from the date on which the National
Conference is convened, a final report of the Conference shall be
submitted to the President and the Congress. "15 USC 631' The report
shall include the findings and recommendations of the Conference as well
as proposals for any legislative action necessary to implement the
recommendations of the Conference. The final report of the Conference
shall be available to the public.
SEC. 7. The Small Business Administration shall report to the
Congress annually during the three-year period following the submission
of the final report of the Conference on the status and implementation
of the findings and recommendations of the Conference. "15 USC 631'
SEC. 8. (a) There are hereby authorized to be appropriated such sums
as may be necessary to carry out the provisions of this Act "15 USC
631', and they shall remain available until expended. New spending
authority or authority to enter contracts as provided in this Act shall
be effective only to such extent and in such amounts as are provided in
advance in appropriation Acts.
(b) No funds appropriated to the Small Business Administration shall
be made available to carry out the provisions of this Act other than
funds appropriated specifically for the purpose of conducting the
Conference. Any funds remaining unexpended at the termination of the
Conference, including submission of the report pursuant to section 6,
shall be returned to the Treasury of the United States and credited as
miscellaneous receipts.
SEC. 9. This Act "15 USC 631' shall become effective October 1, 1984.
Approved May 8, 1984.
LEGISLATIVE HISTORY -- H.R. 5298 (S. 2487):
HOUSE REPORT No. 98-652 (Comm. on Small Business).
SENATE REPORT No. 98-380 accompanying S. 2487 (Comm. on Small
Business).
CONGRESSIONAL RECORD, Vol. 130 (1984):
Apr. 9, considered and passed House.
Apr. 11, considered and passed Senate.
PUBLIC LAW 98-275, 98 STAT. 168
Whereas over 80 per centum of the firefighters in the United States
are volunteers who selflessly protect our lives and property;
Whereas three hundred and ninety-five volunteer firefighters have
lost their lives in the line of duty during the past five years, with
fifty-eight such deaths occurring in 1983 alone;
Whereas volunteer firefighters expose themselves to physical risks,
including long-term health risks such as coronary disease, with no
financial remuneration;
Whereas fire departments comprised only of volunteers protect a large
percentage of the rural townships, hamlets, and farms within the United
States; and
Whereas firefighters attached to such departments spend time and
energy, in addition to that spent fighting fires, to provide fire
prevention instruction and other services to their communities: Now,
therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That August 18, 1984, is
designated as "National Volunteer Fireghters Recognition Day' and the
President is authorized and requested to issue a proclamation calling
upon the people of the United States to observe such day with
appropriate programs, ceremonies, and activities.
Approved May 8, 1984.
LEGISLATIVE HISTORY -- S.J. Res. 136:
CONGRESSIONAL RECORD:
Vol. 129 (1983): Aug. 4, considered and passed Senate.
Vol. 130 (1984): Mar. 22, considered and passed House,
amended.
Apr. 26, Senate concurred in House amendments.
PUBLIC LAW 98-274, 98 STAT. 167
Whereas the oceans of the world are one of the most precious natural
resources of mankind;
Whereas Americans are particularly dependent upon the ocean for
environmental and recreational uses;
Whereas the oceans are playing an increasingly important role in the
food, energy, and mineral production of the United States as well as in
the transportation of United States goods;
Whereas it would be beneficial for the American public to learn of
the interrelationship of the United States and the oceans of the world;
and
Whereas the declaration of a National Week of the Ocean would
increase the American public's awareness of the world's oceans and their
importance: 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 April 29
through May 5, 1984, is designated as "National Week of the Ocean' and
the President is authorized and requested to issue a proclamation
calling upon the people of the United States to observe such week with
appropriate activities.
Approved May 7, 1984.
LEGISLATIVE HISTORY -- H.J. Res. 478:
CONGRESSIONAL RECORD, Vol. 130 (1984):
Feb. 29, considered and passed House.
May 1, considered and passed Senate.
Public Law 98-273, 98 Stat. 165
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 5 of the
Perishable Agricultural Commodities Act, 1930 (7 U.S.C. 499e) is amended
by adding at the end thereof a new subsection to read as follows:
"(c)(1) It is hereby found that a burden on commerce in perishable
agricultural commodities is caused by financing arrangements under which
commission merchants, dealers, or brokers, who have not made payment for
perishable agricultural commodities purchased, contracted to be
purchased, or otherwise handled by them on behalf of another person,
encumber or give lenders a security interest in, such commodities, or on
inventories of food or other products derived from such commodities, and
any receivables or proceeds from the sale of such commodities or
products, and that such arrangements are contrary to the public
interest. This subsection is intended to remedy such burden on commerce
in perishable agricultural commodities and to protect the public
interest.
"(2) Perishable agricultural commodities received by a commission
merchant, dealer, or broker in all transactions, and all inventories of
food or other products derived from perishable agricultural commodities,
and any receivables or proceeds from the sale of such commodities or
products, shall be held by such commission merchant, dealer, or broker
in trust for the benefit of all unpaid suppliers or sellers of such
commodities or agents involved in the transaction, until full payment of
the sums owing in connection with such transactions has been received by
such unpaid suppliers, sellers, or agents. Payment shall not be
considered to have been made if the supplier, seller, or agent receives
a payment instrument which is dishonored. The provisions of this
subsection shall not apply to transactions between a cooperative
association (as defined in section 15(a) of the Agricultural Marketing
Act (12 U.S.C. 1141j(a)), and its members.
"(3) The unpaid supplier, seller, or agent shall lose the benefits of
such trust unless such person has given written notice of intent to
preserve the benefits of the trust to the commission merchant, dealer,
or broker and has filed such notice with the Secretary within thirty
calendar days (i) after expiration of the time prescribed by which
payment must be made, as set forth in regulations issued by the
Secretary, (ii) after expiration of such other time by which payment
must be made, as the parties have expressly agreed to in writing before
entering into the transaction, or (iii) after the time the supplier,
seller, or agent has received notice that the payment instrument
promptly presented for payment has been dishonored. When the parties
expressly agree to a payment time period different from that established
by the Secretary, a copy of any such agreement shall be filed in the
records of each party to the transaction and the terms of payment shall
be disclosed on invoices, accountings, and other documents relating to
the transaction.
"(4) The several district courts of the United States are vested with
jurisdiction specifically to entertain (i) actions by trust
beneficiaries to enforce payment from the trust, and (ii) actions by the
Secretary to prevent and restrain dissipation of the trust.".
SEC. 2. Section 2(4) of the Perishable Agricultural Commodities Act,
1930 (7 U.S.C. 499b(4)) is amended by adding after the semicolon at the
end of the paragraph "or to fail to maintain the trust as required under
section 5(c);".
Approved May 7, 1984.
LEGISLATIVE HISTORY -- H.R. 3867:
HOUSE REPORT No. 98-543 (Comm. on Agriculture).
CONGRESSIONAL RECORD: Vol. 129 (1983): Nov. 15, considered and
passed House. Vol. 130 (1984): Apr. 12, considered and passed Senate.
PUBLIC LAW 98-272, 98 STAT. 164
Whereas the future of our Nation depends on the quality of education
today;
Whereas every child is a precious resource whose potential should be
realized to the fullest;
Whereas preservation of our priceless legacy of democracy, individual
liberty, and rule of law requires informed citizens;
Whereas an economy based increasingly on technical competence will
impose new demands on our schools;
Whereas the National Commission on Educational Excellence and
numerous other nationwide studies have concluded that there is an urgent
need to improve our Amreican education;
Whereas a national effort is necessary to revitalize our educational
system;
Whereas academic excellence requires parental involvement;
Whereas a quality education for our teachers is essential to ensure
the competence of our Nation's future leaders; and
Whereas local community and volunteer efforts in support of education
require more 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 period commencing
April 1, 1984, and ending March 31, 1985, is designated as the "Year of
Excellence in Education', and the President is authorized and requested
to issue a proclamation encouraging parents, teachers, administrators,
government officials, and people of the United States to observe the
year with activities aimed at restoring the American educational system
to its place of preeminence among the nations of the world.
Approved May 3, 1984.
LEGISLATIVE HISTORY -- S.J. Res. 210:
CONGRESSIONAL RECORD, Vol. 130 (1984):
Mar. 12, considered and passed Senate.
Apr. 11, considered and passed House, amended.
Apr. 12, Senate concurred in House amendments.
Public Law 98-271, 98 Stat. 163
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) section 402 of
the Act entitled "An Act to establish a uniform Law on the Subject of
Bankruptcies" (Public Law 95-598) "11 USC note prec. 101" is amended in
subsections (b) and (e) by striking out "May 1, 1984" each place it
appears and inserting in lieu thereof "May 26, 1984".
(b) Section 404 of such Act is amended in subsections (a) and (b) "28
USC note prec. 151" by striking out "April 30, 1984" each place it
appears and inserting in lieu thereof "May 25, 1984".
(c) Section 406 of such Act "28 USC note prec. 151" is amended by
striking out "April 30, 1984" each place it appears and inserting in
lieu thereof "May 25, 1984".
(d) Section 409 of such Act "28 USC note prec. 1471" is amended by --
(1) striking out "May 1, 1984" each place it appears and
inserting in lieu thereof "May 26, 1984"; and
(2) striking out "April 30, 1984" each place it appears and
inserting in lieu thereof "May 25, 1984".
SEC. 2. "28 USC note prec. 151" The term of office of any bankruptcy
judge who was serving on April 30, 1984, and of any bankruptcy judge who
is serving on the date of the enactment of this Act is extended to and
shall expire on May 25, 1984.
SEC. 3. (a) Section 8339(n) of title 5, United States Code, is
amended by striking out "April 1, 1984" and inserting in lieu thereof
"May 26, 1984".
(b) Section 8331(22) of title 5, United States Code, is amended by
striking out "April 30, 1984" and inserting in lieu thereof "May 25,
1984".
Approved April 30, 1984.
LEGISLATIVE HISTORY -- S. 2570:
CONGRESSIONAL RECORD, Vol. 130 (1984): Apr. 12, considered and
passed Senate. Apr. 26, considered and passed House.
Public Law 98-270, 98 Stat. 157
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SEC. 101. This Act may be cited as the "Omnibus Budget
Reconciliation Act of 1983".
SEC. 102. It is the purpose of this Act to implement the
recommendations which were made by specified committees of the House of
Representatives pursuant to directions contained in section 3 of the
First Concurrent Resolution on the Budget for the fiscal year 1984 (H.
Con. Res. 91, 98th Congress), and pursuant to the reconciliation
requirements which were set forth by such concurrent resolution as
provided in section 310 of the Congressional Budget Act of 1974. "2 USC
641"
SEC. 201. (a) Subsections (a) and (b) of section 8340 of title 5,
United States Code, are amended to read as follows:
"(a) For the purpose of this section --
"(1) the term 'base quarter', as used with respect to a year,
means the calendar quarter ending on September 30, of such year;
and
"(2) the price index for a base quarter is the arithmetical
mean of such index for the 3 months comprising such quarter.
"(b) Except as provided in subsection (c) of this section, effective
December 1 of each year, each annuity payable from the Fund having a
commencing date not later than such December 1 shall be increased by the
percent change in the price index for the base quarter of such year over
the price index for the base quarter of the preceding year in which an
adjustment under this subsection was made, adjusted to the nearest 1/10
of 1 percent.".
(b)(1) The amendments made by subsection (a) shall take effect on the
date of the enactment of this Act, "5 USC 8340 note" except that no
adjustment under section 8340(b) of title 5, United States Code (as
amended by such subsection), shall be made during the period beginning
on the date of the enactment of this Act and ending November 30, 1984.
(2)(A) For purposes of the first adjustment under section 8340(b) of
title 5, United States Code (as amended by subsection (a)), the base
quarter ending September 30, 1983, shall be considered to have been a
base quarter in which an adjustment under such section (as so amended)
was made.
(B) As used in subparagraph (A), the term "base quarter" has the
meaning given such term by section 8340(a)(1) of title 5, United States
Code (as amended by subsection (a)).
(c)(1) Section 301(a)(3) of the Omnibus Budget Reconciliation Act of
1982 "5 USC 8340 note" is amended by striking out "(as determined by the
Office of Personnel Management on the basis of the calendar year ending
in such year)" and inserting in lieu thereof "(as determined by the
Office of Personnel Management under section 8340(b) of title 5, United
States Code)".
(2) Section 301(b) of the Omnibus Budget Reconciliation Act of 1982
"5 USC 8340 note" is hereby repealed.
SEC. 202. "5 USC 5305 note" (a)(1) Notwithstanding any other
provision of law, in the case of fiscal year 1984, the overall
percentage of the adjustment under section 5305 of title 5, United
States Code, "5 USC 5332" in the rates of pay under the General
Schedule, and in the rates of pay under the other statutory pay systems,
shall be an increase of 4 percent.
(2) Each increase in a pay rate or schedule which takes effect
pursuant to paragraph (1) shall, to the maximum extent practicable, be
of the same percentage, and shall take effect as of the first day of the
first applicable pay period commencing on or after January 1 of such
fiscal year.
(b)(1) Notwithstanding any other provision of law, "5 USC 5343 note"
in the case of a prevailing rate employee described in section 5342(a)(
2) of title 5, United States Code, or an employee covered by section
5348 of such title --
(A) any increase in the rate of pay payable to such employee
which would result from the expiration of the limitation contained
in section 107(a) of Public Law 97-377 (96 Stat. 1909) "5 USC 5343
note" shall not take effect; and
(B) any adjustment under subchapter IV of chapter 53 "5 USC
5341" of such title to any wage schedule or rate applicable to
such employee which results from a wage survey and which is to
become effective during the fiscal year beginning October 1, 1983,
shall not exceed the amount which is 4 percent above the schedule
or rate payable on September 30, 1983 (determined with regard to
the limitation contained in section 107(a) of Public Law 97-377),
and shall not be effective with respect to any pay period
commencing before January 1 of such fiscal year.
(2) Notwithstanding the provisions of section 9(b) of Public Law
92-392 or section 704(b) of the Civil Service Reform Act of 1978, "5 USC
5343 notes" the provisions of paragraph (1) shall apply (in such manner
as the Office of Personnel Management shall prescribe) to prevailing
rate employees to whom such section 9(b) applies, except that the
provisions of paragraph (1) shall not apply to any increase in a wage
schedule or rate which is required by the terms of a contract entered
into before the date of the enactment of this Act.
(3) The provisions of paragraph (1) shall not apply with respect to
wage adjustments for prevailing rate supervisors under the supervisory
pay plan published in the Federal Register on May 21, 1982 (47 Fed.
Reg. 22100).
SEC. 301. Section 7(c) of the Small Business Act "15 USC 636" is
amended by adding the following:
"(5) Notwithstanding the provisions of any other law, the
interest rate on the Federal share of any loan made under
subsection (b)(1) and (b)(2) on account of a disaster commencing
on or after October 1, 1982, shall be --
"(A) in the case of a homeowner unable to secure credit
elsewhere, the rate prescribed by the Administration but not more
than one-half the rate determined by the Secretary of the Treasury
taking into consideration the current average market yield on
outstanding marketable obligations of the United States with
remaining periods to maturity comparable to the average maturities
of such loan plus an additional charge of not to exceed 1 per
centum per annum as determined by the Administrator, and adjusted
to the nearest one-eighth of 1 per centum, but not to exceed 4 per
centum per annum;
"(B) in the case of a homeowner able to secure credit
elsewhere, the rate prescribed by the Administration but not more
than the rate determined by the Secretary of the Treasury taking
into consideration the current average market yield on outstanding
marketable obligations of the United States with remaining periods
to maturity comparable to the average maturities of such loans
plus an additional charge of not to exceed 1 per centum per annum
as determined by the Administrator, and adjusted to the nearest
one-eighth of 1 per centum, but not to exceed 8 per centum per
annum;
"(C) in the case of a business concern unable to obtain credit
elsewhere, not to exceed 4 per centum per annum;
"(D) in the case of a business concern able to obtain credit
elsewhere, the rate prescribed by the Administration but not in
excess of the lowest of (i) the rate prevailing in the private
market for similar loans, (ii) the rate prescribed by the
Administration as the maximum interest rate for deferred
participation (guaranteed) loans under section 7(a) of this Act,
or (iii) 8 per centum per annum. Loans under this subparagraph
shall be limited to a maximum term of three years.
"(6) Notwithstanding the provisions of any other law, such
loans, subject to the reductions required by subparagraphs (A) and
(B) of paragraph 7(b)(1), "15 USC 636" shall be in amounts equal
to 100 per centum of loss. The interest rates for loans made
under paragraphs 7(b)(1) and (2), as determined pursuant to
paragraph (5), shall be the rate of interest which is in effect on
the date of the disaster commenced: Provided, That no loan under
paragraphs 7(b)(1) and (2) shall be made, either directly or in
cooperation with banks or other lending institutions through
agreements to participate on an immediate or deferred (guaranteed)
basis, if the total amount outstanding and committed to the
borrower under subsection 7(b) would exceed $500,000 for each
disaster unless an applicant constitutes a major source of
employment in an area suffering a disaster, in which case the
Administration, in its discretion, may waive the $500,000
limitation: Provided further, That the Administration, subject to
the reductions required by subparagraphs (A) and (B) of paragraph
7(b)(1), "15 USC 636" shall not reduce the amount of eligibility
for any homeowner on account of loss of real estate to less than
$100,000 for each disaster nor for any homeowner or lessee on
account of loss of personal property to less than $20,000 for each
disaster, such sums being in addition to any eligible refinancing.
With respect to any loan which is outstanding on the date of
enactment of this paragraph and which was made on account of a disaster
commencing on or after October 1, 1982, the Administrator shall make
such change in the interest rate on the balance of such loan as is
required herein effective as of the date of enactment.".
SEC. 302. Section 20 of the Small Business Act "15 USC 631 note" is
amended as follows:
(1) by striking all of paragraph (5) of subsection (q) after
the word "Administration" and by inserting the following "is
authorized to make $100,000,000 in direct loans and for the
programs authorized by sections 7(b)(1) and 7(b)(2) of this Act,
"15 USC 636" the Administration is authorized to make $500,000,000
in direct loans."; and
(2) by adding the following new subsection:
"(t) For each of fiscal years 1985 and 1986, for the programs
authorized by sections 7(b)(1) and 7(b)(2) the Administration is
authorized to make $500,000,000 in direct loans and for each of such
years for the programs authorized by sections 7(b)(3) and 7(b)(4) the
Administration also is authorized to make $100,000,000 in direct
loans.".
SEC. 303. Section 18(a) of the Small Business Act "15 USC 647" is
amended by striking "October 1, 1983" and by inserting "October 1,
1986".
SEC. 304. Section 7(b) of the Small Business Act "15 USC 636" is
amended as follows:
(1) by striking out the period at the end of paragraph (2) and
by inserting in lieu thereof a semicolon; and
(2) by adding after paragraph (3) the following new paragraph:
"(4) To make such disaster loans (either directly or in
cooperation with banks or other lending institutions through
agreements to participate on an immediate or deferred basis) as
the Administration may determine to be necessary to assist, or
refinance all or part of the existing indebtedness (specifically
including any direct loans under section 7(a) of this Act which
were made to small businesses affected by currency fluctuations
and exchange freezes), of any small business concern located in an
area of economic dislocation that is the result of the drastic
fluctuation in the value of the currency of a country contiguous
to the United States and adjustments in the regulation of its
monetary system if such concern is unable to obtain credit
elsewhere. The Governor of a State may certify to the
Administration (A) that small business concerns within the State
have suffered substantial economic injury as a result of such
economic dislocation, and (B) that such concerns are in need of
financial assistance which is not available on reasonable terms.
Such economic dislocations must be of such magnitude that without
the benefit of disaster loans provided hereunder a significant
number of otherwise financially sound small businesses in the
impacted regions or business sectors would either become insolvent
or be unable to return quickly to their former level of operation.
No disaster loan made hereunder shall exceed $100,000, nor shall
the proceeds thereof be used to reduce the exposure of any other
lender. The Administration may permit deferral of payment of
principal and interest for one year on loans made hereunder.".
SEC. 305. Section 20(q) of the Small Business Act "15 USC 631 note"
is amended by striking from paragraph (5) "section 7(b)(3)" and
inserting in lieu thereof "sections 7(b)(3) and 7(b)(4)".
SEC. 306. Paragraph (1) of section 4(c) of the Small Business Act
"15 USC 633" is further amended by inserting "7(b)(4)," after "7(b)(
3),".
SEC. 307. The amendments made by sections 304 and 305 "15 USC 636
note" of this title shall apply to economic dislocations certified by
any State Governor to the Small Business Administration after the date
of enactment of this Act providing such dislocation commenced since
January 1, 1982.
SEC. 308. Section 7(b)(3) of the Small Business Act "15 USC 636" is
amended as follows:
(1) by inserting "continuation of," after "in effecting"; and
(2) by inserting the following at the end of such paragraph:
"For the purposes of this paragraph, the impact of the 1983
Payment-in-Kind Land Diversion program, or any successor
Payment-in-Kind program with a similar impact on the small
business community, shall be deemed to be a consequence of Federal
Government action; and".
SEC. 309. Section 7(c)(6) of the Small Business Act is further
amended by adding the following at the end of the second proviso:
"Employees of concerns sharing a common business premises shall be
aggregated in determining 'major source of employment' status for
nonprofit applicants owning such premises.".
SEC. 310. Section 3 of the Small Business Act is amended by adding
the following new subsection at the end thereof:
"(j) For the purposes of section 7(b)(2) of this Act, "15 USC 632"
"15 USC 636" the term 'small agricultural cooperative' means an
association (corporate or otherwise) acting pursuant to the provisions
of the Agricultural Marketing Act (12 U.S.C. 1141j), whose size does not
exceed the size standard established by the Administration for other
similar agricultural small business concerns. In determining such size,
the Administration shall regard the association as an entity and shall
not include the income or employees of any member shareholder of such
cooperative: Provided, That such an association shall not be deemed to
be a small agricultural cooperative unless each member of the board of
directors of the association, or each member of the governing body of
the association if it is not incorporated, also individually qualifies
as a small business concern.".
SEC. 311. Section 7(b)(2) of the Small Business Act "15 USC 636" is
amended as follows:
(1) by striking "small business concern" and inserting in lieu
thereof "small business concern or small agricultural
cooperative";
(2) by striking "small business concerns" and inserting in lieu
thereof "small business concerns or small agricultural
cooperatives"; and
(3) by striking "the concern" and inserting in lieu thereof
"the concern or the cooperative".
SEC. 312. The amendments made by sections 310 and 311 "15 USC 632
note" of this title shall apply to loans granted on the basis of any
disaster with respect to which a declaration has been issued after
September 1, 1982, under section 7(b)(2)(A),(B), or (C) of the Small
Business Act "15 USC 636" or with respect to which a certification has
been made after such date under section 7(b)(2)(D) of such Act. "15 USC
636"
SEC. 313. "15 USC 632 note" This title shall take effect October 1,
1983.
SEC. 401. The Congress finds and declares that --
(1) current projections indicate that the Federal Government's
budget deficits will continue at unacceptably high levels for the
foreseeable future;
(2) these high deficits can place upward pressure on interest
rates, reduce investment, raise the trade deficit, decrease
employment, and threaten the vitality of economic recovery; and
(3) reduction of these unacceptably high deficits requires a
comprehensive plan to slow the growth of Federal spending,
including military and entitlement spending, and to increase
revenues.
SEC. 402. (a) The President shall convene a domestic economic summit
conference to address the dangerous economic situation created by these
projected large deficits.
(b) The summit conference shall consist of the President, the Speaker
of the House of Representatives, the President pro tempore of the
Senate, the majority leaders and minority leaders of the House of
Representatives and Senate, and other appropriate participants from the
Congress and the executive branch responsible for the development of
economic policy.
(c) No later than forty-five days after the date of the enactment of
this Act, this summit conference shall develop and report to Congress a
comprehensive plan to reduce the projected deficits in the Budget of the
United States.
Approved April 18, 1984.
LEGISLATIVE HISTORY -- H.R. 4169 (S. 2062):
HOUSE REPORT No. 98-425 (Comm. on the Budget).
SENATE REPORT No. 98-300 accompanying S. 2062 (Comm. on the Budget).
CONGRESSIONAL RECORD: Vol. 129 (1983): Oct. 25, considered and
passed House. Vol. 130 (1984): Apr. 5, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 20, No. 16 (1984):
Apr. 18, Presidential statement.
PUBLIC LAW 98-269, 98 STAT. 156
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 3 of the Act of August 24, 1935 (49 Stat. 794; 40 U.S.C.
270c), as amended by the Act of August 4, 1959 (73 Stat. 279; 40 U.S.
C. 270c), is amended by striking out "Comptroller General' and inserting
in lieu thereof "department secretary or agency head of the contracting
agency'. The second sentence of section 3 of the Act is amended by
striking out "Comptroller General' and inserting in lieu thereof
"department secretary or agency head of the contracting agency'.
Approved April 18, 1984.
LEGISLATIVE HISTORY -- H.R. 596:
HOUSE REPORT No. 98-63 (Comm. on Judiciary).
SENATE REPORT No. 98-344 (Comm. on the Judiciary).
CONGRESSIONAL RECORD:
Vol. 129 (1983): May 3, considered and passed House.
Vol. 130 (1984): Apr. 11, considered and passed Senate.
PUBLIC LAW 98-268, 98 STAT. 155
Whereas the Historic American Buildings Survey has been documenting
the architectural heritage of the United States with measured drawings,
photographs, and historical data since 1933;
Whereas these records, stored in the Library of Congress for public
use, along with the records created by a sister program, the Historic
American Engineering Record, have added immeasurably to our knowledge
and appreciation of the historic American built environment;
Whereas the Survey has proven to be an important training ground for
thousands of architects, historians, and scholars who have worked to
preserve our historic American architecture; and
Whereas the fiftieth anniversary of this program marks an appropriate
time to commend the National Park Service, the Library of Congress, and
the American Institute of Architects on the Survey's past
accomplishments as well as a time to look forward to the continuance of
this important mission of recording the best examples of historic
American architecture and engineering: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the Historic American
Buildings Survey be commended for its substantial contributions to our
understanding of the history and heritage of this Nation.
Approved April 17, 1984.
LEGISLATIVE HISTORY -- S.J. Res. 173:
HOUSE REPORT No. 98-662 (Comm. on Interior and Insular Affairs).
SENATE REPORT No. 98-311 (Comm. on Energy and Resources).
CONGRESSIONAL RECORD:
Vol. 129 (1983): Nov. 18, considered
SENATE REPORT No. 98-311 (Comm. on Energy and Natural
Vol. 130 (1984): Apr. 9, considered and passed House.
PUBLIC LAW 98-267, 98 STAT. 154
Whereas older Americans have contributed many years of service to
their families, their communities, and the Nation;
Whereas the population of the United States is comprised of a large
percentage of older Americans representing a wealth of knowledge and
experience;
Whereas older Americans should be acknowledged for the contributions
they continue to make to their communities and the Nation; and
Whereas many States and communities acknowledge older Americans
during the month of May: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That in recognition of the
traditional designation of the month of May as "Older Americans Month'
and the repeated expression by the Congress of its appreciation and
respect for the achievements of older Americans and its desire that
these Americans continue to play an active role in the life of the
Nation, the President is directed to issue a proclamation designating
the month of May 1984 as "Older Americans Month' and calling on the
people of the United States to observe this month with appropriate
programs, ceremonies, and activities.
Approved April 17, 1984.
LEGISLATIVE HISTORY -- H.J. Res. 466:
CONGRESSIONAL RECORD, Vol. 130 (1984):
Feb. 8, considered and passed House.
Apr. 11, considered and passed Senate.
PUBLIC LAW 98-266, 98 STAT. 153
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) such amounts as
may be necessary of the Polish currencies held by the United States
shall be available for construction of a new facility at the American
Children's Hospital in Krakow, Poland, which would be known as the
Clement J. Zablocki Outpatient Facility. Such currencies may be
utilized without regard to the requirements of section 1306 of title 31,
the United States Code, or any other provision of law.
(b) There are authorized to be appropriated to the President
$10,000,000 of which --
(1) $3,000,000 shall be for equipping and furnishing the
Clement J. Zablocki Outpatient Facility at the American Children's
Hospital in Krakow, Poland;
(2) $3,000,000 shall be for improving medical equipment at the
American Children's Hospital in Krakow, Poland; and
(3) $4,000,000 shall be for providing medical supplies to
Poland through private and voluntary agencies, including the
expenses of purchasing, transporting, and distributing such
supplies.
Amounts appropriated pursuant to this subsection are authorized to
remain available until expended.
Approved April 17, 1984.
LEGISLATIVE HISTORY -- H.R. 4835:
CONGRESSIONAL RECORD, Vol. 130 (1984):
Mar. 6, considered and passed House.
Apr. 5, considered and passed Senate.
PUBLIC LAW 98-265, 98 STAT. 149
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 "Defense Production Act
Amendments of 1984'. "50 USC app. 2061'
SEC. 2. The first sentence of section 717(a) of the Defense
Production Act of 1950 (50 U.S.C. App. 2166(a)) is amended by striking
out "March 30, 1984' and inserting in lieu thereof "September 30, 1986'.
"97 Stat. 1267'
SEC. 3. (a) Section 301(a) of the Defense Production Act of 1950 (50
U.S.C. App. 2091(a)) is amended by adding at the end thereof the
following:
"(3) Except during periods of national emergency declared by the
Congress or the President, a guarantee may be entered into under this
section only if the President determines that --
"(A) the guaranteed contract or operation is for a material, or
the performance of a service, which is essential to the national
defense;
"(B) Without the guarantee, United States industry cannot
reasonably to expected to provide the capability for the needed
material or service in a timely manner;
"(C) the guarantee is the most cost-effective, expedient, and
practical alternative for meeting the need involved; and
"(D) the United States national defense demand is equal to, or
greater than, the output of domestic industrial capability which
the President reasonably determines to be available for national
defense, including the output to be established through the
guarantee.'.
(b) Section 302 of the Defense Production Act of 1950 (50 U.S.C.App.
2092) is amended --
(1) by redesignating the first sentence as subsection (a);
and
(2) by striking out the second and third sentences and
inserting in lieu thereof the following:
"(b) Such loans may be made without regard to the limitations of
existing law and on such terms and conditions as the President deems
necessary, except that --
"(1) financial assistance may be extended only to the extent
that it is not otherwise available on reasonable terms; and
"(2) except during periods of national emergency declared by
the Congress or the President, no such loan may be made unless the
President determines that --
"(A) the loan is for the expansion of capacity, the development
of a technological process, or the production of materials
essential to the national defense;
"(B) without the loan, United States industry cannot reasonably
be expected to provide the needed capacity, technological
processes, or materials in a timely manner;
"(C) the loan is the most cost-effective, expedient, and
practical alternative method for meeting the need; and
"(D) the United States national defense demand is equal to, or
greater than, domestic industrial capability which the President
reasonably determines to be available for national defense,
including the output to be established through the loan.'.
(c) Section 303(a) of the Defense Production Act of 1950 (50 U.S.C.
App. 2093(a)) is amended by adding at the end thereof the following:
"Except during periods of national emergency declared by the Congress or
the President, the President may not execute a contract under this
subsection unless the President determines that --
"(1) the mineral, metal, or material is essential to the
national defense;
"(2) without Presidential action under authority of this
section, United States industry cannot reasonably be expected to
provide the capability for the needed mineral, metal, or material
in a timely manner;
"(3) purchases, purchase commitments, or other action pursuant
to this section are the most cost-effective, expedient, and
practical alternative method for meeting the need; and
"(4) the United States national defense demand for the mineral,
metal, or material is equal to, or greater than, the output of
domestic industrial capability which the President reasonably
determines to be available for national defense, including the
output to be established through the purchase, purchase
commitment, or other action.'.
SEC. 4. (a) Section 301(e)(1) of the Defense Production Act of 1950
(50 U.S.C.App. 2091(e)(1)) is amended to read as follows:
"(e) (1) (A) Except during periods of national emergency declared by
the Congress or the President, a guarantee may be made under this
section only if the industrial resource shortfall which such guarantee
is intended to correct has been identified in the Budget of the United
States, or amendments thereto, submitted to the Congress, accompanied by
a statement from the President demonstrating that the budget submission
is in accordance with the provisions of subsection (a)(3) of this
section.
"(B) Any such guarantee may be made only after 60 days have elapsed
after such industrial resource shortfall has been identified pursuant to
subparagraph (A).
"(C) If the making of any guarantee or guarantees to correct an
industrial resource shortfall would cause the aggregate outstanding
amount of all guarantees for such industrial resource shortfall to
exceed $25,000,000, any such guarantee or guarantees may be made only if
specifically authorized by law.'.
(b) Section 302 of the Defense Production Act of 1950 (50 U.S.C.App.
2092), as amended by section 3(b), is further amended by adding at the
end thereof the following:
"(c)(1) No such loan may be made under this section, except during
periods of national emergency declared by the Congress or the President,
unless the industrial resource shortfall which such loan is intended to
correct has been identified in the Budget of the United States, or
amendments thereto, submitted to the Congress, accompanied by a
statement from the President demonstrating that the budget submission is
in accordance with the provisions of subsection (b)(2) of this section.
"(2) Any such loan may be made only after 60 days have elapsed after
such industrial resource shortfall has been identified pursuant to
paragraph (1).
"(3) If the making of any loan or loans to correct an industrial
resource shortfall would cause the aggregate outstanding amount of all
loans for such industrial resource shortfall to exceed $25,000,000, any
such loan or loans may be made only if specifically authorized by law.'.
(c) Section 303(a) of the Defense Production Act of 1950 (50 U.S.C.
App. 2093(a)), as amended by section 3(c), is further amended by adding
at the end thereof the following: "Except during periods of national
emergency declared by the Congress or the President, the President shall
take no action under authority of this section unless the industrial
resource shortfall which such action is intended to correct has been
identified in the Budget of the United States, or amendments thereto,
submitted to the Congress, accompanied by a statement from the President
demonstrating that the budget submission is in accordance with the
provisions of the preceding sentence. Any such action may be taken only
after 60 days have elapsed after such industrial resource shortfall has
been identified pursuant to the preceding sentence. If the taking of
any action or actions under authority of this section to correct an
industrial resource shortfall would cause the aggregate outstanding
amount of all such actions for such industrial resource shortfall to
exceed $25,000,000, any such action or actions may be taken only if
specifically authorized by law.'.
SEC. 5. (a) The first sentence of section 711(a) of the Defense
Production Act of 1950 (50 U.S.C.App. 2161(a)) is amended by inserting
"and paragraph (4)' after "paragraph (2)'.
(b) Section 711(a) of the Defense Production Act of 1950 (50 U.S.C.
App. 2161(a)) is amended by Adding at the end thereof the following:
"(4)(A) There are authorized to be appropriated to carry out the
provisions of section 303 not to exceed $100,000,000 for fiscal years
1985 and 1986, except that not more than $25,000,000 is authorized to be
appropriated for fiscal year 1985. "50 USC app. 2093'
"(B) The aggregate amount of loans, guarantees, purchase agreements,
and other actions under sections 301, 302, and 303 during fiscal years
1985 and 1986 may not exceed $100,000,000.'. "50 USC app. 2091-2093'
SEC. 6. Title III of the Defense Production Act of 1950 (50 U.S.C.
App. 2091 et seq.) is amended by adding at the end thereof the
following:
"SEC. 309. Not later than 18 months after the date of the enactment
of the Defense Production Act Amendments of 1984, and annually
thereafter, the President shall submit to the Committee on Banking,
Finance and Urban Affairs of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the Senate, a report
on the impact of offsets on the defense preparedness, industrial
competitiveness, employment, and trade of the United States. Each such
report also shall include a discussion of bilateral and multilateral
negotiations on offsets in international procurement and provide
information on the types, terms, and magnitude of the offsets.'. "50
USC app. 2099'
Approved April 17, 1984.
LEGISLATIVE HISTORY -- S. 1852:
HOUSE REPORT No. 98-651 (Comm. of Conference).
CONGRESSIONAL RECORD:
Vol. 129 (1983): Sept. 30, considered and passed Senate.
Oct. 4, 6, considered and passed House, amended.
Oct. 7, Senate concurred in House amendment with an amendment.
Vol. 130 (1981): Apr. 5, Senate agreed to conference report.
Apr. 10, House agreed to conference report.
PUBLIC LAW 98-264, 98 STAT. 148
Whereas 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 have been the bedrock of
society from the dawn of civilization, when they were known as the Seven
Noahide Laws;
Whereas without these ethical values and principles the edifice of
civilization stands in serious peril of returning to chaos;
Whereas society is profoundly concerned with the recent weakening of
these principles that has resulted in crises that beleaguer and threaten
the fabric of civilized society;
Whereas the justified preoccupation with these crises must not let
the citizens of this Nation lose sight of their responsibility to
transmit these historical ethical values from our distinguished past to
the generations of the future;
Whereas the Lubavitch movement has fostered and promoted these
ethical values and principles throughout the world;
Whereas Rabbi Menachem Mendel Schneerson is the universally respected
and revered leader of the Lubavitch movement, and his eighty-second
birthday falls on April 13, 1984: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That April 13, 1984, the
birthday of Rabbi Menachem Mendel Schneerson, leader and head of the
worldwide Lubavitch movement, is designated as "Education Day, U.S.A.'.
The President is requested to issue a proclamation calling upon the
people of the United States to observe such day with appropriate
ceremonies and activities.
Approved April 13, 1984.
LEGISLATIVE HISTORY -- H.J. Res. 520:
CONGRESSIONAL RECORD, Vol. 130 (1984):
Apr. 3, considered and passed House.
Apr. 5, considered and passed Senate.
PUBLIC LAW 98-263, 98 STAT. 147
Whereas more than fifteen million Americans of all ages experience
some form of hearing impairment;
Whereas the deaf and hard of hearing have made significant
contributions to society in virtually every occupational category and
profession; and
Whereas the remaining impediments and obstacles encountered by those
with hearing disorders must be recognized and eliminated: 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 April
8, 1984, is designated "National Hearing Impaired Awareness Week'. The
President is requested to issue a proclamation calling upon the people
of the United States to observe such week with appropriate activities.
Approved April 13, 1984.
LEGISLATIVE HISTORY -- H.J. Res. 407 (S.J. Res. 266):
CONGRESSIONAL RECORD, Vol. 130 (1984):
Apr. 3, considered and passed House.
Apr. 11, considered and passed Senate.
PUBLIC LAW 98-262, 98 STAT. 146
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 many Americans missing in action remain unaccounted for and
the uncertainty surrounding their fate 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 twentieth day of July
1984 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 calling upon the people of the United States to
commemorate such day with appropriate activities.
Approved April 13, 1984.
LEGISLATIVE HISTORY -- S.J. Res. 171:
CONGRESSIONAL RECORD, Vol. 130 (1984):
Feb. 27, considered and passed Senate.
Apr. 3, considered and passed House.
PUBLIC LAW 98-261, 98 STAT. 145
Whereas tuberous sclerosis (hereafter in this joint resolution
referred to as "TS') is a genetic disorder affecting as many as one in
ten thousand Americans;
Whereas TS remains poorly understood and frequently misdiagnosed even
though it is one of the more common genetic disorders;
Whereas TS affects both males and females and individuals of all
races;
Whereas characteristics of TS include skin markings, seizures, motor
difficulties, mental retardation, tumors of the brain and other organs,
and behavioral abnormalities;
Whereas in any individual, the disease features and severity may vary
from mild, when patients can live normal lives, to extreme, when TS is
disabling and may be life threatening;
Whereas modern research technology has increased the knowledge of TS,
there remains much to be learned;
Whereas only with continued, extensive research is there any chance
of conquering this horrifying disease; and
Whereas establishing a National Tuberous Sclerosis Week would serve
to increase public awareness of TS and stimulate research: 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 May 6, 1984,
through May 13, 1984, is designated as "National Tuberous Sclerosis
Week', and the President is authorized and requested to issue a
proclamation calling on the people of the United States to observe the
week with appropriate programs, ceremonies, and activities.
Approved April 13, 1984.
LEGISLATIVE HISTORY -- S.J. Res. 148:
CONGRESSIONAL RECORD, Vol. 130 (1984):
Feb. 27, considered and passed Senate.
Apr. 3, considered and passed House.
PUBLIC LAW 98-260, 98 STAT. 144
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 Midway Airport, Chicago, Illinois, is designated and
shall hereafter be known as the "John G. Fary 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 the "John G.
Rary Tower'.
Approved April 13, 1984.
LEGISLATIVE HISTORY -- H.R. 4202:
HOUSE REPORT No. 98-623 (Comm. on Public Works and Transportation).
CONGRESSIONAL RECORD, Vol. 130 (1984):
Apr. 2, considered and passed House.
Apr. 5, considered and passed Senate.
PUBLIC LAW 98-259, 98 STAT. 142
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
(a) GENERAL RULE. -- Section 692 of the Internal Revenue Code of 1954
(relating to income taxes of members of the Armed Forces on death) is
amended by adding at the end thereof the following new subsection: "26
USC 692'
"(c) CERTAIN MILITARY OR CIVILIAN EMPLOYEES OF THE UNITED STATES
DYING AS A RESULT OF INJURIES SUSTAINED OVERSEAS. --
"(1) IN GENERAL. -- In the case of any individual who dies
while a military or civilian employee of the United States, if
such death occurs as a result of wounds or injury incurred outside
the United States in a terroristic or military action, any tax
imposed by this subtitle shall not apply --
"(A) with respect to the taxable year in which falls the date
of his death, and
"(B) with respect to any prior taxable year in the period
beginning with the last taxable year ending before the taxable
year in which the wounds or injury were incurred.
"(2) TERRORISTIC OR MILITARY ACTION. -- For purposes of
paragraph (1), the term "terroristic or military action' means --
"(A) any terroristic activity directed against the United
States or any of its allies, and
"(B) any military action involving the Armed Forces of the
United States and resulting from violence or aggression against
the United States or any of its allies (or threat thereof).
For purposes of the preceding sentence, the term "military
action' does not include training exercises.
"(3) TREATMENT OF MULTINATIONAL FORCES. -- For purposes of
paragraph (2), any multinational force in which the United States
is participating shall be treated as an ally of the United
States.'.
(b) EFFECTIVE DATE. --
(1) IN GENERAL. -- The amendment made by subsection (a) shall
apply with respect to all taxable years (whether beginning before,
on, or after the date of enactment of this Act) of individuals
dying after December 31, 1979, as a result of wounds or injuries
incurred after such date. "26 USC 692'
(2) STATUTE OF LIMITATIONS WAIVED. -- Notwithstanding section
6511 of the Internal Revenue Code of 1954, the time for filing a
claim for credit or refund of any overpayment of tax resulting
from the amendment made by subsection (a) shall not expire before
the date 1 year after the date of the enactment of this Act. "26
USC 6511'
Approved April 10, 1984.
LIGISLATIVE HISTORY -- H.R. 4206:
SENATE REPORT No. 98-364 (Comm. on Finance).
CONGRESSIONAL RECORD, Vol. 130 (1984):
Feb. 22, considered and passed House.
Apr. 5, considered and passed Senate.
PUBLIC LAW 98-258, 98 STAT. 130
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 "Agricultural Programs Adjustment Act of 1984.' "7 USC
1421'
SEC. 101. Section 107B(b)(1)(c) of the Agricultural Act of 1949 (7
U.S.C. 1445b-1(b)(1)(c)) is amended by striking out "$4.45 per bushel
for the 1984 crop, and $4.65 per bushel for the 1985 crop' and inserting
in lieu thereof "and $4.38 per bushel for the 1984 and 1985 crops'.
SEC. 102. Section 107B(e) of the Agriculatural Act of 1949 (7 U.S.C.
1445b 1(e)) is amended by --
(1) striking out in the first sentence of paragraph (1)(A)
"subparagraph (B)' and inserting in lieu thereof "subparagraphs
(B), (C), and (D)';
(2) adding at the end of paragraph (1) the following new
subparagraphs:
"(C) Notwithstanding any previous announcement to the contrary, for
the 1984 crop of wheat the Secretary shall provide for a combination of
(i) an acreage limitation program as described under paragraph (2) and
(ii) a land diversion program as described under paragraph (5) under
which the acreage planted to wheat for harvest on the farm would be
limited to the acreage base for the farm reduced by not more than 30 per
centum, consisting of a reduction of not more than 20 per centum under
the acreage limitation program and a reduction of 10 per centum under
the land diversion program, and (iii) a voluntary payment-in-kind land
diversion program under which the acreage planted to wheat for harvest
on the farm would be reduced by not less than 10 per centum nor more
than 20 per centum of the acreage base for the farm, in addition to any
reduction under the acreage limitation and land diversion programs
provided for under clauses (i) and (ii), as determined by the Secretary.
Under the payment-in-kind land diversion program, compensation in kind
for diverted acres shall be made available to producers by the Secretary
under such terms and conditions as the Secretary shall prescribe and in
such amounts as the Secretary determines appropriate to encourage
adequate participation in such program, except that the rate of such
compensation shall not be less than 85 per centum of the farm program
payment yield. As a condition of eligibility for loans, purchases, and
payments on the 1984 crop of wheat, the producers on a farm must comply
with the terms and conditions of the combined acreage limitation program
and land diversion program.
"(D) For the 1985 crop of wheat the Secretary shall provide for a
combination of (i) an acreage limitation program as described under
paragraph (2) and (ii) a land diversion program as described under
paragraph (5) under which the acreage planted to wheat for harvest on
the farm would be limited to the acreage base for the farm reduced by
not more than 30 per centum, consisting of a reduction of not more than
20 per centum under the acreage limitation program and a reduction of 10
per centum under the land diversion program. As a condition of
eligibility for loans, purchases, and payments on the 1985 crop of
wheat, the producers on a farm must comply with the terms and conditions
of the combined acreage limitation program and land diversion program.';
(3) inserting "for the 1983 corp' immediately before the comma
in the eighth sentence of paragraph (5); and
(4) inserting immediately before the last sentence of paragraph
(5) the following: "Notwithstanding the foregoing provisions of
this paragraph, the Secretary shall implement a land diversion
program for the 1984 and 1985 crops of wheat under which the
Secretary shall make crop retirement and conservation payments to
any producer of the 1984 and 1985 crops of wheat whose acreage
planted to wheat for harvest on the farm for each such crop is
reduced so that it does not exceed the wheat acreage base for the
farm less an amount equivalent to 10 per centum of the wheat
acreage base in addition to the reduction required under paragraph
(2), and who devotes to approved conservation uses an acreage of
cropland equivalent to the reduction required from the wheat
acreage base under this paragraph. Such payments shall be made in
an amount computed by multiplying (i) the diversion payment rate,
by (ii) the farm program payment yield for the crop, by (iii) the
additional acreage diverted under this paragraph. The diversion
payment rate for the 1984 and 1985 crops of wheat shall be
established by the Secretary at not less than $2.70 per bushel.
The Secretary shall make not less than 50 per centum of any
payments under this paragraph to producers of the 1984 and 1985
crops of wheat as soon as practicable after a producer enters into
a land diversion contract with the Secretary for each such crop
and in advance of any determination of performance.'.
SEC. 103. Section 107B(e) of the Agricultural Act of 1949 (7 U.S.C.
1445b-1(e)) is amended by adding at the end thereof the following new
paragraph:
"(8) Notwithstanding any other provision of this subsection, in
carrying out acreage limitation, cash land diversion, and
payment-in-kind land diversion programs for the 1984 crop of
wheat, the Secretary shall permit, at the request of the State
committee established under section 8(b) of the Soil Conservation
and Demestic Allotment Act "16 USC 590h' for a State and subject
to such terms and conditions as the Secretary may prescribe that
are in no event more restrictive than those in effect for
producers who participated in the payment-in-kind land diversion
program for that part of the 1983 crop of wheat planted before
January 11, 1983, all or any part of the acreage diverted from
production under such programs by participating producers in such
State to be devoted to hay and grazing.'.
SEC. 201. Section 105B(b)(1)(C) of the Agricultural Act of 1949 (7
U.S.C. 1444d(b)(1)(C) is amended by striking out "$3.03 per bushel for
the 1984 crop, and $3.18 per bushel for the 1985 crop' and inserting in
lieu thereof "and $3.03 per bushel for the 1984 and 1985 crops'.
SEC. 202. Section 105B(e) of the Agricultural Act of 1949 (7 U.S.C.
1444d(e)) is amended by --
(1) striking out in the first sentence of paragraph (1)(A)
"subparagraph (B)' and inserting in lieu thereof "subparagraphs
(B) and (C)';
(2) adding at the end of paragraph (1) the following new
subparagraph:
"(C) For the 1985 crop of feed grains, if the Secretary estimates
that the quantity of corn on hand in the United States on September 30,
1985 (not including any quantity of corn produced in the United States
during calendar year 1985), will exceed one billion one hundred million
bushels, the Secretary (i) shall provide for a land diversion program as
described under paragraph (5) under which the acreage planted to feed
grains for harvest on the farm would be limited to the acreage base for
the farm reduced by a total of not less than 5 per centum and (ii) may
provide for an acreage limitation program as described under paragraph
(2). If the Secretary implemants a combined acreage limitation program
and land diversion program, the total reduction required by the
Secretary in the acreage planted to feed grains for harvest on the farm
shall not exceed 20 per centum of the acreage base for the farm. Any
reduction required by the Secretary in excess of 15 per centum of the
acreage base for the farm shall be equally proportioned between an
acreage limitation program and a land diversion program. As a condition
of eligibility for loans, purchases, and payments on the 1985 crop of
feed grains, if the Secretary implements a land diversion program or a
combined acreage limitation and land diversion program, the producers on
a farm must comply with the terms and conditions of such programs.';
and
(3) in paragraph (5) --
(A) adding immediately after the sixth sentence the following
new sentence: "Notwithstanding the foregoing provisions of this
paragraph, if the Secretary implements a land diversion program
for the 1985 crop of feed grains under the provisions of paragraph
(1)(C), the Secretary shall make crop retirement and conservation
payments to any producer of the 1985 crop of feed grains whose
acreage planted to feed grains for harvest on the farm is reduced
so that it does not exceed the feed grain acreage base for the
farm less an amount equivalent to the percentage of the acreage
base specified by the Secretary, but not less than 5 per centum,
in addition to the reduction required under paragraph (2), if any,
and who devotes to approved conservation uses an acreage of
cropland equivalent to the reduction required from the feed grain
acreage base under this paragraph.';
(B) striking out "Such payments' in the eighth sentence (as
redesignated under subparagraph (A) of this paragraph) and
inserting in lieu thereof "Diversion payments made to producers
under this paragraph';
(C) in the ninth sentence (as redesignated under subparagraph
(A) of this paragraph) --
(i) striking out "for corn' and inserting in lieu thereof "for
the 1983 crop of corn'; and
(ii) inserting immediately before the period at the end thereof
", and at not less than $1.50 per bushel for the 1985 crop of
corn'; and
(D) striking out "1983 crop' in the eleventh sentence (as
redesignated under subparagraph (A) of this paragraph) and
inserting in lieu thereof "1983 and 1985 crops'.
SEC. 203. Section 105B(a) of the Agricultural Act of 1949 (7 U.S.C.
1444d(a)) is amended by adding at the end thereof the following new
paragraph:
"(3) The Secretary may make available loans and purchases, as
provided in this subsection, to producers on a farm who cut for
silage corn that they have produced of the 1984 and 1985 crops and
who participate in the program provided for by the Secretary under
subsection (e). Such loans and purchases may be made on a
quantity of corn of the same crop, other than the corn cut for
silage, acquired by the producer equivalent to a quantity
determined by multiplying the acreage of corn cut for silage by
the lower of the farm program payment yield or the actual yield on
a field, as determined by the Secretary, that is similar to the
field from which such silage was obtained.'.
SEC. 301. Section 103(g)(3)(B) of the Agricultural Act of 1949 (7 U.
S.C. 1444(g)(3)(B)) is amended by striking out "$0.81 per pound for the
1984 crop, and $0.86 per pound for the 1985 crop' and inserting in lieu
thereof "and $0.81 per pound for the 1984 and 1985 crops'.
SEC. 302. Section 103(g)(9) of the Agricultural Act of 1949 (7 U.S.
C. 1444(g)(9)) is amended by --
(1) in the first sentence of subparagraph (A), inserting
"except as provided in the second and third sentences of this
subparagraph,' immediately after the first comma;
(2) inserting immediately after the first sentence of
subparagraph (A) the following new sentences: "For the 1985 crop
of upland cotton, if the Secretary estimates that the quantity of
upland cotton on hand in the United States on July 31, 1985 (not
including any quantity of upland cotton produced in the United
States during calendar year (1985), will exceed three million
seven hundred thousand bales, the Secretary (i) shall provide for
a land division program as described under subparagraph (B) under
which the acreage planted to upland cotton for harvest on the farm
would be limited to the acreage base for the farm reduced by not
less than 5 per centum and (ii) may provide for an acreage
limitation program as described under this subparagraph under
which the acreage planted to upland cotton for harvest on the farm
would be limited to the acreage base for the farm reduced by not
more than 20 per centum in addition to the reduction required
under clause (i). If the Secretary implements a combined acreage
limitation program and land division program, any reduction
required by the Secretary in excess of 25 per centum of the
acreage base for the farm shall be made under the land diversion
program. As a condition of eligibility for loans, purchases, and
payments on the 1985 crop of upland cotton, if the Secretary
implements a land diversion program or a combined acreage
limitation and land diversion program, the producers on a farm
must comply with the terms and conditions of such program.'; and
(3) adding at the end of subparagraph (B) the following new
sentences: "Notwithstanding the foregoing provisions of this
subparagraph, if the Secretary implements a land diversion program
for the 1985 crop of upland cotton under the provisions of
subparagraph (A), the Secretary shall make crop retirement and
conservation payments to any producer of the 1985 crop of upland
cotton whose acreage planted to upland cotton for harvest on the
farm is reduced so that it does not exceed the upland cotton
acreage base for the farm less an amount equivalent to the
percentage of the acreage base specified by the Secretary, but not
less than 5 per centum, in addition to the reduction required
under the acreage limitation program under subparagraph (A), if
any, and who devotes to approved conservation uses an acreage of
cropland equivalent to the reduction required from the upland
cotton acreage base under this subparagraph. Such payments shall
be made in an amount computed by multiplying (i) the diversion
payment rate, by (ii) the farm program payment yield for the crop,
by (iii) the acreage diverted under this subparagraph. The
diversion payment rate shall be established by the Secretary at
not less than $0,275 per pound: Provided, That if the Secretary
estimates that the quantity of upland cotton on hand in the United
States on July 31, 1985 (not including any quantity of upland
cotton produced in the United States during calendar year 1985),
will exceed (I) four million one hundred thousand bales, such rate
shall be established by the Secretary at not less than $0.30 per
pound, and (II) four million seven hundred thousand bales such
rate shall be established by the Secretary at not less than $0.35
per pound. The Secretary shall make not less than 50 per centum
of any payments under this subparagraph to producers of the 1985
crop as soon as practicable after a producer enters into a land
diversion contract with the Secretary and in advance of any
determination of performance. If a producer fails to comply with
a land diversion contract after obtaining an advance payment under
this subparagraph, the producer shall repay the advance
immediately and, in accordance with regulations issued by the
Secretary, pay interest on the advance.'.
SEC. 401. Section 101(i)(2)(C) of the Agricultural Act of 1949 (7 U.
S.C. 1441(i)(2)(C)) is amended by striking out "$11.90 per
hundred-weight for the 1984 crop, and $12.40 per hundredweight for the
1985 corp' and inserting in lieu thereof "and $11.90 per hundredweight
for the 1984 and 1985 crops'.
SEC. 402. Section 101(i)(5) of the Agricultural Act of 1949 (7 U.S.
C. 1441(i)(5)) is amended by --
(1) striking out in the first sentence of subparagraph (A)
"third and fourth' and inserting in lieu thereof "third, fourth,
and fifth';
(2) inserting immediately after the third sentence of
subparagraph (A) the following new sentence: "For the 1985 crop
of rice, if the Secretary estimates that the quantity of rice on
hand in the United States on July 31, 1985 (not including any
quantity of rice produced in the United States during calendar
year 1985), will exceed twenty-five million hundredweight, the
Secretary shall provide for a combination of an acreage limitation
program as described under this subparagraph and a land diversion
program as described under subparagraph (B) under which the
acreage planted to rice for harvest on the farm would be limited
to the acreage base for the farm reduced by a total of not less
than 25 per centum, consisting of a reduction of 20 per centum
under the acreage limitation program and a reduction under the
land diversion program equal to the difference between the total
reduction for the farm and the 20 per centum reduction under the
acreage limitation program.';
(3) striking out "1983 crop' in the fifth sentence of
subparagraph (A) (as redesignated under paragraph (2) of this
section) and inserting in lieu thereof "1983 and 1985 crops';
(4) inserting immediately after the sixth sentence of
subparagraph (B) the following new sentence: "Notwithstanding the
foregoing provisions of this subparagraph, if the Secretary
implements a land diversion program for the 1985 crop of rice
under the provisions of subparagraph (A), the Secretary shall make
crop retirement and conservation payments to any producer of the
1985 crop of rice whose acreage planted to rice for harvest on the
farm is reduced so that it does not exceed the rice acreage base
for the farm less an amount equivalent to the percentage of the
acreage base specified by the Secretary, but not less than 5 per
centum, in addition to the reduction required under the acreage
limitation program under subparagraph (A), and who devotes to
approved conservation uses an acreage of cropland equivalent to
the reduction required from the rice acreage base under this
subparagraph.';
(5) striking out "Such payments' in the eighth sentence of
subparagraph (B) (as redesignated under paragraph (4) of this
section) and inserting in lieu thereof "Diversion payments made to
producers under this subparagraph';
(6) in the ninth sentence of subparagraph (B) (as redesignated
under paragraph (4) of this section) --
(A) striking out "$3.00 per hundredweight,' and inserting in
lieu thereof "$3.00 per hundredweight for the 1983 crop of rice,';
and
(B) inserting immediately before the period at the end thereof
", and at not less than $2.70 per hundredweight for the 1985 crop
of rice: Provided, That if the Secretary estimates that the
quantity of rice on hand in the United States on July 31, 1985
(not including any quantity of rice produced in the United States
during calendar year 1985), will exceed (I) thirty-five million
hundredweight, such rate shall be established by the Secretary at
not less than $3.25 per hundredweight, and (II) forty-two million
five hundred thousand hundredweight, such rate shall be
established by the Secretary at not less than $3.50 per
hundredweight'; and
(7) striking out "1983 crop' in the tenth sentence of
subparagraph (B) (as redesignated under paragraph (4) of this
section) and inserting in lieu thereof "1983 and 1985 crops'.
SEC. 501. It is the sense of Congress that the President should
implement, as soon as practicable after the enactment of this Act, the
actions, proposed by the Administration to complement the provisions of
this Act, to further assist in the development, maintenance, and
expansion of international markets for United States agricultural
commodities and products thereof, as follows --
(1) for the fiscal year ending September 30, 1984, the
President will --
(A) request congressional approval for the appropriation of
funds in the amount of $150,000,000, in addition to the
President's February 1984 request for a supplemental appropriation
of $90,000,000, to carry out programs of assistance under titles
I, II, and III of the Agricultural Trade Development and
Assistance Act of 1954 (Public Law 480); "7 USC 1701' and
(B) direct the Secretary of Agriculture to increase funding,
over the current budgeted level, for the Export Credit Guarantee
Program (GSM-102), carried out through the Commodity Credit
Corporation, by not less than $500,000,000; and
(2) for the fiscal year ending September 30, 1985, the
President will --
(A) request congressional approval for the appropriation of
funds in the amount of at least $175,000,000, in addition to the
current funding level contained in the President's budget for that
year, to carry out programs of assistance under titles I, II, and
III of Public Law 480;
(B) direct the Secretary of Agriculture to increase funding,
over the levels contained in the President's budget for that year
or otherwise required by law, by not less than $1,100,000,000 for
the Export Credit Guarantee Program (GSM-102) and by not less than
$100,000,000 for direct export credit programs carried out through
the Commodity Credit Corporation (GSM-5, GSM-201, and GSM-301);
and
(C) request or use an additional amount of $50,000,000 (over
the amounts specified in clauses (2)(A) and (2)(B)) either for
increased funding for direct export credit programs carried out
through the Commodity Credit Corporation or for additional
assistance under Public Law 480, "7 USC 1691' in such proportions
as determined necessary and appropriate by the President.
ULTRA-HIGH TEMPERATURE PROCESSED MILK
SEC. 502. Section 416 of the Agricultural Act of 1949 (7 U.S.C.
1431) is amended by --
(1) inserting "(a)' immediately after "SEC. 416.';
(2) striking out "section' each place that word appears and
inserting in lieu thereof "subsection'; and
(3) adding at the end thereof the following new subsections:
"(b) Dairy products and wheat acquired by the Commodity Credit
Corporation through price support operations, which the Secretary
determines meet the criteria specified in subsection (a), may be
furnished by the Secretary for carrying out title II of the Agricultural
Trade Development and Assistance Act of 1954, "7 USC 1721' as approved
by the Secretary, and for such purposes as approved by the Secretary.
The provisions of section 203 of that Act "7 USC 1723' shall apply to
commodities furnished under this subsection. Agreements may be entered
into under this subsection to provide dairy products and wheat in
installments over an extended period of time. To the maximum extent
practicable, expedited procedures shall be used in implementing the
provisions of this subsection. Commodities and products furnished under
this subsection may be sold or bartered, as approved by the Secretary,
solely as follows: (1) sales and barter which are incidental to the
donation of the commodities or products, (2) sales and barter, the
proceeds of which are used to finance the distribution, handling, and
processing costs of the donated commodities in the importing country or
other activities in the importing country that are consistent with
providing food assistance to needy people, and (3) sales and barter of
commodities and products donated to intergovernmental organizations,
insofar as they are consistent with normal programming procedures in the
distribution of commodities by those organizations. Except as provided
in the foregoing sentence, no portion of the proceeds or services
realized from such sales or barter may be used to meet operating and
overhead expenses. The cost of commodities furnished under this
subsection and expenses incurred under section 203 of that Act in
connection therewith shall be in addition to the level of assistance
programmed under that Act and shall not be considered expenditures for
international affairs and finance. Notwithstanding the foregoing
provisions of this subsection, dairy products and wheat may not be made
available for disposition under this subsection in amounts that will, in
any way, reduce the amounts of commodities that traditionally are made
available through donations to domestic feeding programs or agencies.
"(c) To prevent the waste of dairy products acquired by the Commodity
Credit Corporation through price support operations, the Corporation, on
such terms and under such regulations as the Secretary may prescribe,
shall carry out a two-year pilot program under which the Corporation
shall barter or exchange such dairy products, to the extent they are
available, for forty thousand metric tons (consisting of twenty thousand
metric tons in each year of the pilot program) of ultra-high temperature
processed fluid milk. Such barter or exchange shall be effected on the
basis of competitive bids submitted by domestic processors. The
processed milk acquired by the Corporation under this subsection shall
be available for donation through foreign governments and public and
nonprofit private humanitarian organizations for the assistance of needy
persons outside the United States, and the Corporation may pay, with
respect to such processed milk donated under this subsection,
transporting, handling, and other charges, including the cost of
overseas delivery. Any donations under this subsection shall be
coordinated through the mechanism designated by the President to
coordinate assistance under the Agricultural Trade Development and
Assistance Act of 1954 "7 USC 1691' and shall be in addition to the
level of assistance programmed under that Act The pilot program shall be
implemented by the Corporation as soon as practicable after the
enactment of the Agricultural Programs Adjustment Act of 1984 and shall
be operated for a period of two years after its implementation. Upon
completion of the pilot program, the Secretary shall submit a report to
Congress on its operation.'.
SEC. 601. This title may be cited as the "Emergency Agricultural
Credit Act of 1984' "7 USC 1921'.
SEC. 602. (a) Section 321(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1961(a)) is amended by adding at the end
thereof the following new sentences: "The Secretary shall accept
applications from, and make or insure loans pursuant to the requirements
of this subtitle to, applicants, otherwise eligible under this subtitle,
that conduct farming, ranching, or aquaculture operations in any county
contiguous to a county where the Secretary has found that farming,
ranching, or aquaculture operations have been substantially affected by
a natural disaster in the United States or by a major disaster or
emergency designated by the President under the Disaster Relief Act of
1974. "42 USC 5121' The Secretary shall accept applications for
assistance under this subtitle from persons affected by a natural
disaster at any time during the eight-month period beginning (A) on the
date on which the Secretary determines that farming, ranching, or
aquaculture operations have been substantially affected by such natural
disaster or (B) on the date the President makes the major disaster or
emergency designation with respect to such natural disaster, as the case
may be.'.
(b) Section 324(d) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1964(d)) is amended by adding at the end thereof the following
new sentence: "If farm assets (including land, livestock, and
equipment) are used as collateral to secure a loan made under this
subtitle, the Secretary shall value the assets based on the higher of
(A) the value of the assets on the day before the date the governor of
the State in which the farm is located requests assistance under this
subtitle or the Disaster Relief Act of 1974 "42 USC 5121' for any
portion of such State affected by the disaster with respect to which the
application for the loan is made, or (B) the value of the assets one
year before such day.'.
(c) the amendments made by this section "7 USC 1961' shall be
applicable to disasters occurring after May 30, 1983.
SEC. 603. Section 211 of the Emergency Agricultural Credit Adjustment
Act of 1978 (7 U.S.C. prec. 1961 note) is amended by --
(1) inserting "(a)' immediately before "The provisions'; and
(2) adding at end thereof the following new subsection:
(b) With respect to the economic emergency loan program operated
under this title during the period beginning December 22, 1983, and
ending September 30, 1984, the Secretary --
"(1) shall make available to eligible applicants during such
period new contracts of insurance totaling, in the aggregate,
$310,000,000, and
"(2) as appropriate to achieve the goals of the economic
emergency loan program and taking into consideration the amount of
funds used for loan guarantees, may make available to eligible
applicants during such period additional new contracts of
insurance totaling, in the aggregate, not more than
$290,000,000.'.
SEC. 604. (a) Section 313 of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1943) is amended by striking out "$100,000,
or, in the case of a loan guaranteed by the Secretary, $200,000' and
inserting in lieu thereof "$200,000, or, in the case of a loan
guaranteed by the Secretary, $400,000'.
(b) Section 316(b) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1946(b)) is amended by --
(1) in the second sentence, inserting "(or, in the case of
loans for farm operating purposes, fifteen years)' after "seven
years'; and
(2) in the fifth sentence, striking out "The interest rate' and
inserting in lieu thereof "Except as otherwise provided for farm
loans under section 331B of this title, the interest rate'.
SEC. 605. The Consolidated Farm and Rural Development Act (7 U.S.C.
1921 et seq.) is amended by inserting after section 331A the following
new section:
"SEC. 331B Any loan for farm ownership purposes under subtitle A "7
USC 1981b' of this title, farm operating purposes under subtitle B "7
USC 1922' of this title, or disaster emergency purposes under subtitle C
"7 USC 1961' of this title, other than a guaranteed loan, that is
deferred, consolidated, rescheduled, or reamortized under this title
shall, notwithstanding any other provision of this title, bear interest
on the balance of the original loan and for the term of the original
loan at a rate that is the lower of (1) the rate of interest on the
original loan or (2) the rate being charged by the Secretary for loans,
other than guaranteed loans, of the same type at the time of the
deferral, consolidation, rescheduling, or reamortization.'.
SEC. 606. Section 336 of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1986) is amended by --
(1) designating the first, second, and third sentences as
subsections (a), (c), and (d), respectively; and
(2) inserting after subsection (a) (as designated under clause
(a) of this section) the following new subsection:
"(b) Except as otherwise provided in this subsection, no officer or
employee of the Department of Agriculture who acts on or reviews an
application made by any person under this title for a loan to purchase
land may acquire, directly or indirectly, any interest in such land for
a period of three years after the date on which such action is taken or
such review is made. This prohibition shall not apply the a former
member of a county committee provided for in section 332 of this title
"7 USC 1982' upon a determination by the Secretary, prior to the
acquisition of such interest, that such former member acted in good
faith when acting on or reviewing such application.'.
SEC. 607. Section 346 of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1994) is amended by adding at the end thereof the
following new subsection:
"(e)(1) Notwithstanding any other provision of law, not less than 20
per centum of the loans for farm ownership purposes under subtitle A of
this title, "7 USC 1922' and not less than 20 per centum of the loans
for farm operating purposes under subtitle B of this title, "7 USC 1941'
authorized to be insured, or made to be sold and insured, from the
Agricultural Credit Insurance Fund during fiscal year 1984 shall be for
low-income, limited-resource borrowers.
"(2) The Secretary shall provide notification to farm borrowers under
this title, as soon as practicable after the date of enactment of the
Emergency Agricultural Credit Act of 1984 and in the normal course of
loan making and loan servicing operations, of the provisions of this
title relating to low-income, limited-resource borrowers and the
procedures by which persons may apply for loans under the low-income,
limited-resource borrower program.'.
SEC. 608. "7 USC 1981' Notwithstanding any other provision of law,
the Secretary of Agriculture may develop and implement a program for the
amortization of delinquent Farmers Home Administration loans from future
revenues generated by timber crops planted and managed on lands
previously used to produce commodities or pasture and subject to Farmers
Home Administration liens. The Secretary shall submit a report to
Congress by October 1, 1984, outlining the feasibility of such program
and the plan for its implementation.
Approved April 10, 1984.
LEGISLATIVE HISTORY -- H.R. 4072:
HOUSE REPORT No. 98-646 (Comm. of Conference).
CONGRESSIONAL RECORD:
Vol. 129 (1983): Nov. 16, considered and passed House.
Vol. 130 (1984): Mar. 20, 21, 22, considered and passed
Senate, amended.
Apr. 2, Senate agreed to conference report.
Apr. 3, House agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 20, No. 15 (1984):
Apr. 10, Presidential statement.
Public Law 98-257, 98 Stat. 127
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. "36 USC 2301" CHARTER.
The National Academy of Public Administration, organized and
incorporated under the laws of the District of Columbia, is hereby
recognized as such and is granted a charter.
SEC. 2. "36 USC 2302" POWERS.
The National Academy of Public Administration (hereinafter referred
to as the "academy") 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 2303" OBJECTS AND PURPOSES OF CORPORATION.
The objects and purposes for which the Academy is organized shall be
those provided in its articles of incorporation and shall include --
(1) evaluating the structure, administration, operation, and
program performance of Federal and other governments and
government agencies, anticipating, identifying, and analyzing
significant problems and suggesting timely corrective action;
(2) foreseeing and examining critical emerging issues in
governance, formulating practical approaches to their resolution;
(3) assessing the effectiveness, structure, administration, and
implications for governance of present or proposed public
programs, policies, and processes, recommending specific changes;
(4) advising on the relationship of Federal, State, regional,
and local governments; increasing public officials', citizens',
and scholars' understanding of requirements and opportunities for
sound governance and how these can be effectively met; and
(5) demonstrating by the conduct of its affairs a commitment to
the highest professional standards of ethics and scholarship.
SEC. 4. "36 USC 2304" SERVICE OF PROCESS.
With respect to service of process, the Academy shall comply with the
laws of the State or States in which it is incorporated and the State or
States in which it carries on its activities in furtherance of its
corporate purposes.
SEC. 5. "36 USC 2305" MEMBERSHIP.
Eligibility for membership in the Academy and the rights and
privileges of members shall be as provided in the bylaws of the
corporation.
SEC. 6. "36 USC 2306" BOARD OF DIRECTORS; COMPOSITION;
RESPONSIBILITIES.
The board of directors of the Academy and the responsibilities
thereof shall be as provided in the articles of incorporation of the
Academy and in conformity with the laws of the State or States in which
it is incorporated.
SEC. 7. "36 USC 2307" OFFICERS OF CORPORATION.
The officers of the Academy, and the election of such officers, shall
be as is provided in the articles of incorporation of the Academy and in
conformity with the laws of the State or States wherein it is
incorporated.
SEC. 8. "36 USC 2308" RESTRICTIONS.
(a) No part of the income or assets of the corporation shall inure to
any member, officer, or director of the Academy 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 and members of the Academy or reimbursement for actual
necessary expenses in amounts approved by the board of directors.
(b) The Academy shall not make any loan to any officer, director, or
employee of the corporation.
(c) The Academy 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 Academy shall have no power to issue any shares of stock nor
to declare or pay any dividends.
(e) The Academy shall not claim congressional approval or Federal
Government authority for any of its activities, other than by mutual
agreement.
(f) The Academy shall retain and maintain its status as a corporation
organized and incorporated under the laws of the District of Columbia.
SEC. 9. "36 USC 2309" LIABILITY.
The Academy shall be liable for the acts of its officers and agents
when acting within the scope of their authority.
SEC. 10. "36 USC 2310" BOOKS AND RECORDS; INSPECTION.
The Academy shall keep correct and complete books and records of
account and shall keep minutes of any proceeding of the Academy
involving any of its members, the board of directors, or any committee
having authority under the board of directors. The Academy 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. AUDIT OF FINANCIAL TRANSACTIONS.
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:
"(61" National Academy of Public Administration.".
SEC. 12. "36 USC 2311" ANNUAL REPORT.
The Academy 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 2312" RESERVATION OF RIGHT TO AMEND OR REPEAL
CHARTER.
The right to alter, amend, or repeal this Act is expressly reserved
to the Congress.
SEC. 14. "36 USC 2313" DEFINITION OF "STATE".
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 2314" TAX-EXEMPT STATUS.
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 2315" TERMINATION.
If the corporation shall fail to comply with any of the restrictions
or provisions of this Act the charter granted hereby shall expire.
SEC. 17. "36 USC 2316" SERVICE TO THE GOVERNMENT OF THE UNITED
STATES.
The National Academy of Public Administration shall, whenever called
upon by Congress, or the Federal Government, investigate, examine,
experiment, and report upon any subject of government, the actual
expense of such investigations, examinations, and reports to be paid by
the Federal Government from appropriations available for such purpose.
Approved April 10, 1984.
LEGISLATIVE HISTORY -- H.R. 3249 (S. 2102):
HOUSE REPORT No. 98-491 (Comm. on the Judiciary).
CONGRESSIONAL RECORD: Vol. 129 (1983): Nov. 14, considered and
passed House. Vol. 130 (1984): Mar. 27, considered and passed Senate.
Public Law 98-256, 98 Stat. 125
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. Notwithstanding the provisions of section 106 "49 USC 106
note" of title 49, United States Code, or any other provision of law,
the President, acting by and with the consent of the Senate, is
authorized to appoint Donald D. Engen to the Office of Administrator of
the Federal Aviation Administration. Mr. Engen's appointment to,
acceptance of, and service in that Office shall in no way affect the
status, rank, and grade which he now holds as an officer on the retired
list of the United States Navy, or any emolument, perquisite, right,
privilege, or benefit incident to or arising out of any such status,
office, rank, or grade, except to the extent that the Act of August 19,
1964, Public Law 88-448 (the Dual Compensation Act), as amended (5 U.S.
C. 5531, et seq.), affects the amount of retired pay to which he is
entitled by law during his service in the Office of Administrator of the
Federal Aviation Administration. So long as he holds the Office of
Administrator of the Federal Aviation Administration, Mr. Engen shall
receive the compensation of that Office at the rate which would be
applicable if he were not an officer on the retired list of the United
States Navy, and shall retain the status, rank, and grade which he now
holds as an officer on the retired list of the United States Navy, and
shall retain all emoluments, perquisites, rights, privileges, and
benefits incident to or arising out of such status, office, rank, or
grade, and shall in addition continue to receive the retired pay to
which he is entitled by law, subject to the provisions of the Dual
Compensation Act, as amended.
SEC. 2. "49 USC 106 note" In the performance of his duties as
Administrator of the Federal Aviation Administration, Mr. Engen shall be
subject to no supervision, control, restriction, or prohibition
(military or otherwise) other than would be operative with respect to
him if he were not an officer on the retired list of the United States
Navy.
SEC. 3. "49 USC 106 note" It is hereby expressed as the intent of
the Congress that the authority granted by this Act is not to be
construed as approval by the Congress of continuing appointments of
military persons to the Office of Administrator of the Federal Aviation
Administration in the future.
Approved April 10, 1984.
LEGISLATIVE HISTORY -- S. 2392:
SENATE REPORT No. 98-371 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD, Vol. 130 (1984): Apr. 2 considered and passed
Senate. Apr. 4, considered and passed House
PUBLIC LAW 98-255, 98 STAT. 124
Whereas Parkinson's Disease is a progressive and as yet incurable
neurological affiction that affects one out of every one hundred
citizens over the age of sixty and whose cause is still unknown;
Whereas with improved methods of diagnosis, the onset of the disease
is now being diagnosed as early as the age of forty and younger;
Whereas with earlier diagnosis and the aging of our entire
population, more and more of our citizens will be afflicted with
Parkinson's Disease;
Whereas it is important to educate the public about the need for
research into the cause and cure of this disabling disorder; and
Whereas only public awareness of the terrible toll taken by this
neurological affliction can spur Federal, State, and local government
agencies, and the private sector to establish the programs necessary to
find a cure, improve treatment, and help those afflicted and their
families to cope with this disabling disease: Now, therefore, be it
Resolved by the Senate and House 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 April 8
through 14, 1984, as "Parkinson's Disease Awareness Week', and to call
upon Federal, State, and local government agencies, and the people of
the United States to observe this week with appropriate programs,
ceremonies, and activities.
Approved April 9, 1984.
LEGISLATIVE HISTORY -- H.J. Res. 432 (S.J. Res. 263):
CONGRESSIONAL RECORD, Vol. 130 (1984):
Mar. 22, considered and passed House.
Mar. 27, considered and passed Senate.
PUBLIC LAW 98-254, 98 STAT. 123
Whereas mental health counselors work in a specialized field of
counseling which emphasizes the developmental and adjustive nature of
mental health services;
Whereas mental health counselors utilize individual and group
counseling techniques oriented toward assisting individuals with methods
of problem solving, personal and social development decisionmaking, and
the complex process of developing self-understanding and making life
decisions;
Whereas mental health counselors work in conjunction with other
helping professionals, such as psychiatrists, psychologists, and social
workers to determine the most appropriate counseling for each client;
Whereas mental health counselors work in psychiatric hospitals,
community mental health agencies, private clinics, college campuses,
rehabilitation centers, and private practive providing almost 50 per
centum of direct delivery of mental health services;
Whereas mental health counselors are individuals upon whom, by virtue
of their education and extensive training, have been conferred masters
or doctors of philosophy degrees in mental health counseling or
community mental health counseling, or similar degree titles having a
focus on mental health; and
Whereas mental health counselors, after having earned such degrees,
have performed at least two years of supervised clinical counseling, and
are licensed or certified as such in the State of their residence, or
are certified by the National Academy of Certified Clinical Mental
Health Counselors: 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 April
8, 1984, is designated "National Mental Health Counselors Week'. The
President is requested to issue a proclamation calling upon all
Government agencies and the people of the United States to observe that
week with appropriate ceremonies and activities.
Approved April 9, 1984.
LEGISLATIVE HISTORY -- S.J. Res. 203:
CONGRESSIONAL RECORD, Vol. 130 (1984):
Mar. 12, considered and passed Senate.
Apr. 3, considered and passed House.
PUBLIC LAW 98-253, 98 STAT. 122
Be it enacted by the Senate and House of Representative of the United
States of America in Congress assembled, That the air traffic control
tower at the Chattanooga Municipal Airport (Lovell Field) is designated
and shall hereafter be known as the Harry Porter Control 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 the "Harry Porter Control Tower'.
Approved April 6, 1984.
LEGISLATIVE HISTORY -- S. 1365 (H.R. 2484):
HOUSE REPORT No. 98-622 accompanying H.R. 2484 (Comm. on Public Works
and Transportation).
CONGRESSIONAL RECORD:
Vol. 129 (1983): Aug. 4, considered and passed Senate.
Vol. 130 (1984): Apr. 2, H.R. 2484 considered and passed
House; S. 1365 passed in lieu.
Public Law 98-252, 98 Stat. 121
Whereas alcohol-related traffic accidents are the leading cause of
death for Americans fifteen to twenty-four years old;
Whereas the death rate for such age group is higher than it was
twenty years ago, due in large measure to an increase in alcohol-related
traffic fatalities;
Whereas various student organizations have been established
throughout the country in order to increase student awareness of the
tragic consequences of driving while under the influence of alcohol;
and
Whereas it is appropriate for the Congress to recognize the efforts
of such organizations and to emphasize the need for all levels of
government to join the effort to combat the problem of drunk driving,
particularly as such problem affects students: 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 June 1984 is
hereby designated as "Student Awareness of Drunk Driving Month", and the
President is authorized and requested to issue a proclamation calling
upon students, parents, teachers, and others to observe such month with
appropriate ceremonies and activities.
Approved April 6, 1984.
LEGISLATIVE HISTORY -- H.J. Res. 443:
CONGRESSIONAL RECORD, Vol. 130 (1984): Feb. 29, considered and
passed House. Mar. 26, considered and passed Senate.
PUBLIC LAW 98-251, 98 STAT. 120
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, 1984, 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 April 6, 1984.
LEGISLATIVE HISTORY -- H.J. Res. 271:
CONGRESSIONAL RECORD, Vol. 130 (1984):
Feb. 8, considered and passed House.
Mar. 26, considered and passed Senate.
PUBLIC LAW 98-250, 98 STAT. 118
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Indian
Self-Determination and Education Assistance Act (Public Law 93-638; 88
Stat. 2203) "25 USC 450' is amended by inserting after section 8 the
following new section:
"SEC. 9. The provisions of this Act "25 USC 450e-1' shall not be
subject to the requirements of the Federal Grant and Cooperative
Agreement Act of 1977 (Public Law 95-224; 92 Stat. 3): "41 USC 501'
Provided, That a grant agreement or a cooperative agreement may be
utilized in lieu of a contract under sections 102 and 103 of this Act
when mutually agreed to by the appropriate Secretary and the tribal
organization involved.'. "25 USC 450f'
SEC. 2. The Act of October 15, 1982 (Public Law 97-344; 96 Stat.
1645), relating to certain restricted land in Kansas, is amended by
striking out "the southeast quarter northwest quarter' in paragraph (2)
and inserting in lieu thereof "the south 20 acres of the east 60 acres
of the northwest quarter'.
SEC. 3. The first section of Public Law 97-386, "96 Stat. 1946'
relating to the reservation of the Pascua Yaqui Tribe of Arizona, is
amended by inserting "located in township 15 south, range 12 east, Gila
and Salt River Meridian,' after "tracts of lands'.
SEC. 4. (a) Subsections (a) and (b) of section 2415 of title 28,
United States Code, is amended by striking out "Indian Claims Act of
1982' each place it appears and inserting in lieu thereof "Indian Claims
Limitation Act of 1982'.
(b) The last proviso in the first paragraph under the heading
"Administrative Provisions', relating to the Bureau of Indian Affairs,
of title I of Public Law 97-394 "28 USC 2415' is amended by striking out
"The following' and inserting in lieu thereof "Sections 2 through 6 of
this Act'. "96 Stat. 1976.'
Approved April 3, 1984.
LEGISLATIVE HISTORY -- S. 1530 (S. 973):
HOUSE REPORT No. 98-611 (Comm. on Interior and Insular Affairs).
CONGRESSIONAL RECORD:
Vol. 129 (1983): Sept. 30, considered and passed Senate.
Vol. 130 (1984): Mar. 20, considered and passed House.
Public Law 98-249, 98 Stat. 116
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) section 402 "11
USC note prec. 101" of the Act entitled "An Act to establish a uniform
Law on the Subject of Bankruptcies" (Public Law 95-598) is amended in
subsections (b) and (e) by striking out "April 1, 1984" each place it
appears and inserting in lieu thereof "May 1, 1984".
(b) Section 404 of such Act is amended in subsections (a) and (b) "28
USC note prec. 151" by striking out "March 31, 1984" each place it
appears and inserting in lieu thereof "April 30, 1984".
(c) Section 406 of such Act "28 USC note prec. 151" is amended by
striking out "March 31, 1984" each place it appears and inserting in
lieu thereof "April 30, 1984".
(d) Section 409 of such Act "28 USC note prec. 1471" is amended by --
(1) striking out "April 1, 1984" each place it appears and
inserting in lieu thereof "May 1, 1984"; and
(2) striking out "March 31, 1984" each place it appears and
inserting in lieu thereof "April 30, 1984".
SEC. 2. "28 USC note prec. 151" The term of office of any bankruptcy
judge who was serving on March 31, 1984 and of any bankruptcy judge who
is serving on the date of the enactment of this Act is extended to and
shall expire on May 1, 1984.
SEC. 3. (a) Section 8339(o) of title 5, United States Code, is
amended by striking out "April 1, 1984" and inserting in lieu thereof
"May 1, 1984".
(b) Section 8331(22) of title 5, United States Code, is amended by
striking out "March 31, 1984" and inserting in lieu thereof "April 30,
1984".
Approved March 31, 1984.
LEGISLATIVE HISTORY -- S. 2507:
CONGRESSIONAL RECORD, Vol. 130 (1984): Mar. 30, considered and
passed Senate; considered and passed House, amended; Senate concurred
in House amendment.
PUBLIC LAW 98-248, 98 STAT. 115
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, 1984, namely:
For an additional amount for "Low income home energy assistance',
$200,000,000.
That the following sum is appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 1984; namely:
For an additional amount for "Public Law 480' "7 USC 1691', for
commodities supplied in connection with dispositions abroad, pursuant to
title II of the Agricultural Trade Development and Assistance Act of
1954 "7 USC 1721', as amended, $90,000,000, of which $90,000,000 is
hereby appropriated; and in addition not to exceed $90,000,000 shall be
available from Commodity Credit Corporation inventory for sale on a
competitive bid basis or barter to the African countries requiring
emergency food assistance, or any country for use in assisting in
emergency food assistance to Africa, as authorized by section 101(b) of
Public Law 98-107 "97 Stat. 733'. In the event Commodity Credit
Corporation stocks are not available, the Corporation may purchase
commodities to meet emergency requirements.
Approved March 30, 1984.
LEGISLATIVE HISTORY -- H. J. Res. 493:
HOUSE REPORT Nos. 98-605 (Comm. on Appropriations) and No. 98-632
(Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 130 (1984):
Mar. 6, considered and passed House.
Mar. 15, considered and passed Senate, amended.
Mar. 27, House and Senate agreed to conference report.
PUBLIC LAW 98-247, 98 STAT. 114
Whereas the Congress recognizes that an understanding of the heritage
of all American ethnic groups contributes to the unity of our country;
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 March, 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 May 6
through May 13, 1984, 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 March 28, 1984.
LEGISLATIVE HISTORY -- S.J. Res 241:
CONGRESSIONAL RECORD, Vol. 130 (1984):
Mar. 12, considered and passed Senate.
Mar. 14, considered and passed House.
PUBLIC LAW 98-246, 98 STAT. 113
Whereas photography is the prime visual recorder of human events of
any dimension, preserving memories, emotion, and sentiment for virtually
all the American people;
Whereas photography is an established and growing art form
communicating the beauty and diversity of America and its people both
within the land and abroad;
Whereas photography is an important contributor to communication,
meteorology, justice, medicine, geographic exploration, astronomy,
agriculture, and many other fields of science, technology, and inquiry;
and
Whereas photography is, and has long been, an indispensible tool in
preserving the history of the Nation and the changing panorama of
American landscape and culture: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That May 7 through May 13,
1984, be declared to be the first annual "National Photo Week'. The
President is authorized, since "National Photo Week' is to be a time
dedicated to increasing the American public's appreciation and
understanding of photography and to improving individual skill in
photography so that the benefits thereof may be appreciated and used on
the broadest possible scale, for the greatest number of people, to issue
a proclamation to aid in the celebration of said week.
Approved March 27, 1984.
LEGISLATIVE HISTORY -- S.J. Res. 250:
CONGRESSIONAL RECORD, Vol. 130 (1984):
Mar. 22, considered and passed Senate and House.
PUBLIC LAW 98-245, 98 STAT. 111
Whereas, from 1776 to 1783, more than five thousand black men
participated in the American Revolution as members of the Continental
Army, and State and local militias; and
Whereas blacks participated in every major battle of the Revolution,
including Monmouth and Yorktown and were encamped with Washington at
Valley Forge; and
Whereas many blacks distinguished themselves in battle with acts of
heroism that were well-noted at the time, some were praised by their
officers and a few honored or rewarded by State legislatures; and
Whereas a large proportion of black recruits were inhabitants of the
original thirteen colonies; and
Whereas black soldiers participated in integrated fighting units and
performed a wide array of duties requiring bravery and skill; and
Whereas many blacks who participated in the Revolution and unknown
soldiers, who used assumed names or were identified on muster rolls only
by race and therefore their descendants will never know of the specific
contributions they made to the cause of independence; and
Whereas, despite efforts by the Continental Congress and various
States to exclude them up until 1778, blacks continued to enlist as
substitutes until laws barring their participation in the war were
removed, and free blacks of Massachusetts personally protested to
General Washington about their initial exclusion from service; and
Whereas the Congress has never officially recognized the
contributions of free blacks and slaves to the struggle for American
liberty and independence: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That --
(1) the Congress extends thanks to the descendants of free
blacks and slaves who participated in the Revolution and
acknowledges the contributions of these courageous men and women
who, in aspiring to freedom, helped bring about American
independence and set in motion events that contributed to the
attainment of equal rights for blacks, particularly in recent
decades;
(2) the Congress encourages the Federal Government, State and
local governments and private organizations, particularly those
hereditary organizations that honor Revolutionary War patriots to
conduct appropriate activities during Black History Month 1985 in
honor of black involvement in the Revolution;
(3) the Congress encourages State legislatures and city
councils, especially those located in jurisdictions that provided
black soldiers to the Continental Army and to State and local
militias, and in jurisdictions where battles occurred, to issue
proclamations acknowledging black contributions to the cause of
freedom; and
(4) the Congress encourages the placement of plaques and
markers in appropriate places, at Valley Forge and elsewhere, in
commemoration of black involvement and heroism in the battles of
the Revolution.
Approved March 27, 1984.
LEGISLATIVE HISTORY -- H.J. Res. 454:
CONGRESSIONAL RECORD, Vol. 130 (1984):
Feb. 29, considered and passed House.
Mar. 12, considered and passed Senate.
Public Law 98-244, 98 Stat. 107
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 may be cited as the "National Fish and Wildlife Foundation
Establishment Act". "16 USC 3701 note"
SEC. 2. "16 USC 3701" ESTABLISHMENT AND PURPOSES OF FOUNDATION.
(a) ESTABLISHMENT. -- There is established the National Fish and
Wildlife Foundation (hereinafter in this Act referred to as the
"Foundation"). The Foundation is a charitable and nonprofit corporation
and is not an agency or establishment of the United States.
(b) PURPOSES. -- The purposes of the Foundation are --
(1) to encourage, accept, and administer private gifts of
property for the benefit of, or in connection with, the activities
and services of the United States Fish and Wildlife Service; and
(2) to undertake and conduct such other activities as will
further the conservation and management of the fish, wildlife, and
plant resources of the United States, and its territories and
possessions, for present and future generations of Americans.
SEC. 3. "16 USC 3702" BOARD OF DIRECTORS OF THE FOUNDATION.
(a) ESTABLISHMENT AND MEMBERSHIP. -- The Foundation shall have a
governing Board of Directors (hereinafter referred to in this Act as the
"Board"), which shall consist of nine Directors, each of whom shall be a
United States citizen and --
(1) six of whom must be knowledgeable or experienced in fish
and wildlife conservation; and
(2) three of whom must be educated and experienced in the
principles of fish and wildlife management.
The membership of the Board, to the extent practicable, shall
represent diverse points of view relating to fish and wildlife
conservation. The Director of the United States Fish and Wildlife
Service shall be an ex officio nonvoting member of the Board.
Appointment to the Board shall not constitute employment by, or the
holding of an office of, the United States for the purposes of any
Federal law.
(b) APPOINTMENT AND TERMS. -- By December 31, 1984, the Secretary of
the Interior (hereinafter referred to in this Act as the "Secretary")
shall appoint the Directors of the Board. The Directors shall be
appointed for terms of six years; except that the Secretary, in making
the initial appointments to the Board, shall appoint three Directors to
a term of two years, three Directors to a term of four years, and three
Directors to a term of six years. A vacancy on the Board shall be
filled within sixty days of said vacancy in the manner in which the
original appointment was made. No individual may serve more than two
consecutive terms as a Director.
(c) CHAIRMAN. -- The Chairman shall be elected by the Board from its
members for a two-year term.
(d) QUORUM. -- A majority of the current membership of the Board
shall constitute a quorum for the transaction of business.
(e) MEETINGS. -- The Board shall meet at the call of the Chairman at
least once a year. If a Director misses three consecutive regularly
scheduled meetings, that individual may be removed from the Board and
that vacancy filled in accordance with subsection (b).
(f) REIMBURSEMENT OF EXPENSES. -- Members of the Board shall serve
without pay, but may be reimbursed for the actual and necessary
traveling and subsistence expenses incurred by them in the performance
of the duties of the Foundation.
(g) GENERAL POWERS. -- (1) The Board may complete the organization of
the Foundation by --
(A) appointing officers and employees;
(B) adopting a constitution and bylaws consistent with the
purposes of the Foundation and the provisions of this Act; and
(C) undertaking of other such acts as may be necessary to carry
out the provisions of this Act.
(2) The following limitations apply with respect to the appointment
of officers and employees of the Foundation:
(A) Officers and employees may not be appointed until the
Foundation has sufficient funds to pay them for their service.
Officers and employees of the Foundation shall be appointed
without regard to the provisions of title 5, United States Code,
governing appointments in the competitive service, and may be paid
without regard to the provisions of chapter 51 "5 USC 5101 et
seq." and subchapter III of chapter 53 of such title "5 USC 5331"
relating to classification and General Schedule pay rates, except
that no individual so appointed may receive pay in excess of the
annual rate of basic pay in effect for grade GS-18 of the General
Schedule. "5 USC 5332"
(B) The first officer or employee appointed by the Board shall
be the Secretary of the Board who (i) shall serve, at the
direction of the Board, as its chief operating officer, and (ii)
shall be knowledgeable and experienced in matters relating to fish
and wildlife conservation.
SEC. 4. "16 USC 3703" RIGHTS AND OBLIGATIONS OF THE FOUNDATION.
(a) IN GENERAL. -- The Foundation --
(1) shall have perpetual succession;
(2) may conduct business throughout the several States,
territories, and possessions of the United States;
(3) shall have its principal offices in the District of
Columbia; and
(4) shall at all times maintain a designated agent authorized
to accept service of process for the Foundation.
The serving of notice to, or service of process upon, the agent
required under paragraph (4), or mailed to the business address of such
agent, shall be deemed as service upon or notice to the Foundation.
(b) SEAL. -- The Foundation shall have an official seal selected by
the Board which shall be judicially noticed.
(c) POWERS. -- To carry out its purposes under section 2, the
Foundation shall have, in addition to the powers otherwise given it
under this Act, the usual powers of a corporation acting as a trustee in
the District of Columbia, including the power --
(1) to accept, receive, solicit, hold, administer and use any
gift, devise, or bequest, either absolutely or in trust, of real
or personal property or any income therefrom or other interest
therein;
(2) to acquire by purchase or exchange any real or personal
property or interest therein;
(3) unless otherwise required by the instrument of transfer, to
sell, donate, lease, invest, reinvest, retain or otherwise dispose
of any property or income therefrom;
(4) to borrow money and issue bonds, debentures, or other debt
instruments;
(5) to sue and be sued, and complain and defend itself in any
court of competent jurisdiction, except that the Directors of the
Board shall not be personally liable, except for gross negligence;
(6) to enter into contracts or other arrangements with public
agencies and private organizations and persons and to make such
payments as may be necessary to carry out its function; and
(7) to do any and all acts necessary and proper to carry out
the purposes of the Foundation.
For purposes of this Act, an interest in real property shall be
treated as including, among other things, easements or other rights for
preservation, conservation, protection, or enhancement by and for the
public of natural, scenic, historic, scientific, educational,
inspirational, or recreational resources. A gift, devise, or bequest
may be accepted by the Foundation even though it is encumbered,
restricted, or subject to beneficial interests of private persons if any
current or future interest therein is for the benefit of the Foundation.
(d) CERTAIN LANDS, WATERS, AND INTERESTS NOT SUBJECT TO CONDEMNATION.
-- No lands or waters, or interests therein, that are owned by the
Foundation and are determined by the Director of the United States Fish
and Wildlife Service or the Migratory Bird Conservation Commission, as
the case may be, to be valuable for purposes of fish and wildlife
conservation or management shall be subject to condemnation by any State
or political subdivision, or any agent or instrumentality thereof.
SEC. 5. "16 USC 3704" ADMINISTRATIVE SERVICES AND SUPPORT.
The Secretary may provide personnel, facilities, and other
administrative services to the Foundation, including reimbursement of
expenses under section 3, not to exceed then current Federal Government
per diem rates, for a period of up to five years from the date of
enactment of this Act, and may accept reimbursement therefor, to be
deposited in the Treasury to the credit of the appropriations then
current and chargeable for the cost of providing such services.
SEC. 6. "16 USC 3705" VOLUNTEER STATUS.
The Secretary may accept, without regard to the civil service
classification laws, rules, or regulations, the services of the
Foundation, the Board, and the officers and employees of the Board,
without compensation from the Department of the Interior, as volunteers
in the performance of the functions authorized herein, in the manner
provided for under section 7(c) of the Fish and Wildlife Act of 1956 (16
U.S.C. 742f(c)).
SEC. 7. "16 USC 3706" AUDITS, REPORT REQUIREMENTS, AND PETITION OF
ATTORNEY GENERAL FOR EQUITABLE RELIEF.
(a) AUDITS. -- For purposes of the Act entitled "An Act for audit of
accounts of private corporations established under Federal law",
approved August 30, 1964 (Public Law 88-504, 36 U.S.C. 1101-1103), the
Foundation shall be treated as a private corporation established under
Federal law.
(b) REPORT. -- The Foundation shall, as soon as practicable after the
end of each fiscal year, transmit to Congress a report of its
proceedings and activities during such year, including a full and
complete statement of its receipts, expenditures, and investments.
(c) RELIEF WITH RESPECT TO CERTAIN FOUNDATION ACTS OR FAILURE TO ACT.
-- If the Foundation --
(1) engages in, or threatens to engage in, any act, practice,
or policy that is inconsistent with its purposes set forth in
section 2(b); or
(2) refuses, fails, or neglects to discharge its obligations
under this Act, or threatens to do so; the Attorney General of
the United States may petition in the United States District Court
for the District of Columbia for such equitable relief as may be
necessary or appropriate.
SEC. 8. "16 USC 3707" UNITED STATES RELEASE FROM LIABILITY.
The United States shall not be liable for any debts, defaults, acts,
or omissions of the Foundation nor shall the full faith and credit of
the United States extend to any obligation of the Foundation.
SEC. 9. "16 USC 3708" AMENDMENT AND REPEAL.
The Congress expressly reserves the right to repeal or amend this Act
at any time.
SEC. 10. "16 USC 3709" AUTHORIZATION OF APPROPRIATIONS.
For the ten-year period beginning on October 1, 1984, there are
authorized to be appropriated to the Department of the Interior not to
exceed $1,000,000 to be made available to the Foundation --
(1) to match, on a one-for-one basis, private contributions
made to the Foundation; and
(2) to provide administrative services under section 5.
Approved March 26, 1984.
LEGISLATIVE HISTORY -- H.R. 2809:
HOUSE REPORTS: No. 98-134, Pt. 1 (Comm. on Merchant Marine and
Fisheries) and Pt. 2 (Comm. on Ways and Means).
SENATE REPORT No. 98-272 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD: Vol. 129 (1983): July 12, considered and
passed House. Nov. 2, considered and passed Senate, amended. Vol. 130
(1984): Feb. 6, House concurred in Senate amendments and in another
with an amendment. Mar. 8, Senate concurred in House amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 20, No. 13: Mar.
26, Presidential statement.
PUBLIC LAW 98-243, 98 STAT. 106
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Richard B.
Russell Dam and Lake project, authorized by the Flood Control Act of
1966 (80 Stat. 1420), "80 Stat. 1418' is hereby modified to authorize
the Secretary of the Army, acting through the Chief of Engineers, to
provide such power to the city of Abbeville, South Carolina, as the
Secretary determines to be necessary to mitigate the reduction in
hydroelectric power produced at the city-owned hydroelectric plant at
Lake Secession caused by the construction and operation of the project.
Such power shall be provided to the city for a period not to exceed the
remaining service life of the city-owned hydroelectric plant as part of
the operational requirements and costs of the project under such terms
and conditions as the Secretary, in consultation with the Secretary of
Energy, determines to be appropriate. The Secretary of Energy is
authorized to provide assistance in the delivery of such power.
SEC. 2. (a) The project for navigation at Eastport Harbor, Maine,
authorized by section 101 of the River and Harbor Act of 1960 (74 Stat.
480), is not authorized after the date of enactment of this Act.
(b) The Secretary shall transfer without consideration to the city of
Eastport, Maine, title to any facilities and improvements constructed by
the United States as part of the project described in subsection (a) of
this section. Such transfer shall be made as soon as practicable after
the date of enactment of this Act. Nothing in this section shall
require the conveyance of any interest in land underlying such project
title to which is held by the State of Maine.
Approved March 26, 1984.
LEGISLATIVE HISTORY -- S. 912:
SENATE REPORT No. 98-306 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD:
Vol. 129 (1983): Nov. 16, considered and passed Senate.
Vol. 130 (1984): Mar. 13, considered and passed House.
PUBLIC LAW 98-242, 98 STAT. 97
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SEC. 101. This Act may be cited as the "Water Resources Research Act
of 1984'. "42 USC 10301'
SEC. 102. The Congress finds and declares that -- "42 USC 10301'
(1) the existence of an adequate supply of water of good
quality, for the production of materials and energy, for the
Nation's needs and for the efficient of impairment to the quantity
and water resources is essential to national economic stability
and growth, and to the well-being of the people;
(2) the management of water resources is closely related to
maintaining environmental quality and social well-being;
(3) there is an increasing threat of impairment to the quantity
and quality of surface and groundwater resources;
(4) the Nation's capabilities for technological assessment and
planning and for policy formulation for water resources must be
strengthened at the Federal, State, and local governmental levels;
(5) there should be a continuing national investment in water
and related research and technology commensurate with growing
national needs;
(6) it is necessary to provide for the research and development
of technology for the conversion of saline and other impaired
waters to a quality suitable for municipal, industrial,
agricultural, recreational, and other beneficial uses; and
(7) the Nation must provide programs to strengthen research and
associated graduate education because the pool of scientists,
engineers, and technicians trained in fields related to water
resources constitutes an invaluable natural resource which should
be increased, fully utilized, and regularly replenished.
SEC. 103. It is the purpose of this Act to assist the Nation and the
States in augmenting their water resources science and technology as a
way to -- "42 USC 10302'
(1) assure supplies of water sufficient in quantity and quality
to meet the Nation's expanding needs for the production of food,
materials, and energy;
(2) discover practical solutions to the Nation's water and
water resources related problems, particularly those problems
related to impaired water quality;
(3) assure the protection and enhancement of environmental and
social values in connection with water resources management and
utilization;
(4) promote the interest of State and local governments as well
as private industry in research and the development of technology
that will reclaim waste water and to convert saline and other
impaired waters to waters suitable for municipal, industrial,
agricultural, recreational, and other beneficial uses;
(5) coordinate more effectively the Nation's water resources
research program; and
(6) promote the development of a cadre of trained research
scientists, engineers, and technicians for future water resources
problems.
SEC. 104. (a) Subject to the approval of the Secretary of the
Interior (hereafter in this Act referred to as the "Secretary') under
this section, one water resources research and technology institute,
center, or equivalent agency (hereafter in this Act referred to as the
"institute') may be established in each State (as used in this Act, the
term "State' includes the Commonwealth of Puerto Rico, the District of
Columbia, the Virgin Islands, Guam, American Samoa, the Commonwealth of
the Mariana Islands and the Trust Territory of the Pacific Islands) "42
USC 10303' at a college or university which was established in
accordance with the Act approved July 2, 1862 (12 Stat. 503; 7 U.S.C.
301ff), "7 USC 301' entitled "An Act donating public lands to the
several States and territories which may provide colleges for the
benefit of agriculture and the mechanic arts' or at some other
institution designated by act of the legislature of the State concerned.
If there is more than one such college or university in a State
established in accordance with such Act of July 2, 1862, the institute
in such State shall, in the absence of a designation to the contrary by
act of the legislature of the State, be established at the one such
college or university designated by the Governor of the State. Two or
more States may cooperate in the establishment of a single institute or
regional institute, in which event the sums otherwise allocated to
institutes in each of the cooperating States shall be paid to such
single or regional institute.
(b) Each institute shall --
(1) plan, conduct, or otherwise arrange for competent research
with respect to water resources, including investigations and
experiments of either a basic or practical nature, or both;
promote the dissemination and application of the results of these
efforts; and provide for the training of scientists and engineers
through such research, investigations, and experiments, and
(2) cooperate closely with other colleges and universities in
the State that have demonstrated capabilities for research,
information dissemination, and graduate training in order to
develop a statewide program designed to resolve State and regional
water and related land problems.
Each institute shall also cooperate closely with other institutes and
other organizations in the region to increase the effectiveness of the
institutes and for the purpose of regional coordination.
(c) From the sums appropriated pursuant to subsection (f) of this
section, the Secretary shall make grants to each institute to be matched
on a basis of no less than one non-Federal dollar for every Federal
dollar during the fiscal years ending September 30, 1985, and September
30, 1986, one and one-half non-Federal dollars for each Federal dollar
during the fiscal years ending September 30, 1987, and September 30,
1988, and two non-Federal dollars for each Federal dollar during the
fiscal year ending September 30, 1989.
(d) Prior to and as a condition of the receipt each fiscal year of
funds appropriated under subsection (f) of this section, each institute
shall submit to the Secretary for his approval a water research program
that includes assurances, satisfactory to the Secretary, that such
program was developed in close consultation and collaboration with the
director of that State's department of water resources or similar
agency, other leading water resources officials within the State, and
interested members of the public. The program described in the
preceding sentence shall include plans to promote research, training,
information dissemination, and other activities meeting the needs of the
State and Nation, and shall encourage regional cooperation among
institutes in research into areas of water management, development, and
conservation that have a regional or national character.
(e) (1) The Secretary shall establish procedures for a careful and
detailed evaluation of each institute to determine that the quality and
relevance of its water resources research and its effectiveness as an
institution for planning, conducting and arranging for research warrants
its continued support under this section in the national interest. The
evaluation of each institute shall be made by a team of knowledgeable
individuals including employees of the Department of the Interior,
university faculty or administrators, water research institute directors
from other institutes, State or local water resource agency personnel,
and private citizens selected for this purpose. The Secretary may also
secure the cooperation of the National Research Council/National Academy
of Science. The evaluation team shall visit the institute and shall
assess the scientific quality of its research program, the potential
effectiveness of its research in meeting water resource needs, and the
demonstrated performance in making research results available to users
in the State and elsewhere. Criteria for making the determination that
an institute is an effective instrument for water resources research
shall include the following: accreditation in sufficient disciplines to
successfully mount a multidisciplinary research program; sufficient
resources, including laboratory, library, computer, and support
facilities; a sufficiently close administrative relation and physical
proximity to the university and to all the parts of it needed to provide
an effective working relationship with researchers in a wide range of
disciplines; and institutional commitment to the support and
continuation of an effective water research program.
(2) The Secretary shall arrange for each of the institutes supported
under this section to be evaluated under this subsection within two
years after its establishment and to be reevaluated at intervals not to
exceed four years. If, as a result of any such evaluation, the
Secretary determines that an institute does not qualify for further
support under this section, then no further grants to the institute may
be made until the institute's qualification is reestablished to the
satisfaction of the Secretary.
(f) (1) For the purpose of carrying out this section, there is
authorized to be appropriated to the Secretary the sum of $10,000,000
for each of the fiscal years ending September 30, 1985, through
September 30, 1989, such sums to remain available until expended.
(2) Any sums appropriated under this subsection but which fail to be
obligated by the close of the fiscal year for which they were
appropriated shall be transferred by the Secretary and available for
obligation during the succeeding fiscal year under the terms of section
106 of this Act.
SEC. 105. (a) (1) In addition to the grants authorized by section 104
of this Act, the Secretary is authorized to make grants, on a
dollar-for-dollar matching basis, to the institutes established under
such section, as well as other qualified educational institutions,
private foundations, private firms, individuals, and agencies of local
or State government for research concerning any aspect of a water
resource-related problem which the Secretary may deem to be in the
national interest. Such grants shall be made with such advice and
review by peer or other expert groups of appropriate interdisciplinary
composition as the Secretary deems appropriate on the basis of the
merits of the project and the need for the knowledge such project is
expected to produce upon completion. "42 USC 10304'
(2) Research funded under this section should to the extent possible
utilize the best qualified graduate students so the Nation profits from
the education and training benefits resulting from the use of the latest
in technological developments in solving water problems.
(3) In cases where the Secretary determines, in accordance with
criteria established by him, that research under this section is of a
basic nature which would not otherwise be undertaken, the Secretary may
approve grants under this section with a matching requirement other than
that specified in paragraph (1) of this subsection.
(b) Each application for a grant under this section shall state the
nature of the project to be undertaken, the period during which it will
be pursued, the qualifications of the personnel who will direct and
conduct it, the importance of the project to the Nation as well as to
the region and State concerned, its relation to other research projects
previously or currently being pursued, and the extent to which it will
provide an opportunity for the training of water resources scientists.
(c) There is authorized to be appropriated to the Secretary the sum
of $20,000,000 for the purpose of carrying out this section for each of
the fiscal years ending September 30, 1985, through September 30, 1989,
such sums to remain available until expended.
SEC. 106. (a) (1) The Secretary shall make grants or contracts in
addition to those authorized under sections 104 and 105 to educational
institutions, private firms, private foundations, individuals, and
agencies of local or State governments for technology development
concerning any aspect of water-related technology which the Secretary
may deem to be of State, regional, and national importance, including
technology associated with improvement of waters of impaired quality and
the operation of test facilities. Such grants or contracts shall be
made on the basis of the merit and feasibility of the project based on
expert evaluation as deemed appropriate by the Secretary, taking care to
protect proprietary information of private firms or individuals
associated with the technology. "42 USC 10305'
(2) The Secretary may establish any condition for the matching of
funds by the recipient of any grant or contract under this section which
the Secretary considers to be in the best interest of the Nation
considering the technology needs for water resources in the Nation.
(b) Each application for a grant or contract under this section shall
state the nature of the project to be undertaken, the qualifications of
the personnel who will direct and conduct it, the facilities of the
organization performing the technology development, the importance of
the project to the Nation, region, and State concerned, and the
potential benefit to be accrued from the development.
(c) (1) There is authorized to be appropriated to the Secretary the
sum of $6,000,000 for the purpose of carrying out this section for each
of the fiscal years ending September 30, 1985, through September 30,
1989, such sums to remain available until expended.
(2) In addition to sums available under the terms of paragraph (1) of
this subsection, the Secretary is also authorized to obligate funds
under this section if such funds are transferred under the terms of
section 104(f)(2) of this Act.
SEC. 107. From the sums appropriated pursuant to this Act, "42 USC
10306' not more than 15 per centum shall be utilized for administrative
costs.
SEC. 108. The type of research and development to be undertaken under
the authority of sections 105 and 106 of this Act and to be encouraged
by the institutes established under section 104 of this Act shall
include the following: "42 USC 10307'
(1) Aspects of the hydrologic cycle;
(2) Supply and demand for water;
(3) Demineralization of saline and other impaired waters;
(4) Conservation and best use of available supplies of water
and methods of increasing such supplies;
(5) Water reuse;
(6) Depletion and degradation of groundwater supplies;
(7) Improvements in the productivity of water when used for
agricultural, municipal, and commercial purposes;
(8) The economic, legal, engineering, social, recreational,
biological, geographic, ecological, and other aspects of water
problems;
(9) Scientific information dissemination activities, including
identifying, assembling, and interpreting the results of
scientific and engineering research on water resources problems;
and
(10) Providing means for improved communication of research
results, having due regard for the varying conditions and needs
for the respective States and regions.
SEC. 109. Notwithstanding any other provision of law, the Secretary
shall be governed by the provisions of sections 9 (except subsections
(1) and (n)) and 10 of the Federal Nonnuclear Energy, Research, and
Development Act of 1974 (Public Law 93-577; 88 Stat. 1887, 1891; 42
U.S.C. 5908-5909) "42 USC 10308' with respect to patent policy and to
the definition of title to and licensing of inventions made or conceived
in the course of work performed, or under any contract or grant made,
pursuant to this Act. Subject to such patent policy, all research or
development contracted for, sponsored, cosponsored, or authorized
development contracted for, under authority of this Act shall be
provided in such manner that know-how, regardless of their nature or
mediums, resulting from such research and development shall (with such
exceptions and limitations, if any, as the Secretary may find to be
necessary in the interest of national defense) be usefully available for
practice by the general public.
SEC. 110. (a) Public Law 95-467 is repealed.
(b) Rules and regulations issued prior to the date of enactment of
this Act under the authority of Public Law 95-467 shall remain in full
force and effect under this Act until superseded by new rules and
regulations promulgated under this Act. "42 USC 7801'
SEC. 111. Any new spending authority described in subsection (c)(2)(
A) or (B) of section 401 of the Congressional Budget Act of 1974 "42 USC
10309' which is provided under this Act shall be effective for any
fiscal year only to such extent or in such amounts as are provided in
advance in appropriations Acts. "2 USC 651'
SEC. 201. (a) (1) Notwithstanding any other provision of law and
subject to paragraph (2), the Secretary shall convey, not later than
January 24, 1984, and without consideration, all right, title, and
interest of the United States in the real property description in
subsection (b) of this section to the town of Wrightsville Beach, North
Carolina.
(2) The conveyance of real property described in subsection (b)(1) of
this section, which constitutes the Wrightsville Beach Test Facility, to
such town shall be made by the Secretary on the condition that, during
the period beginning on the date of such conveyance and ending on
January 24, 1988, such facility is --
(A) maintained in a working order which is comparable to the
condition of such facility on the date of such conveyance, and
(B) operated and maintained primarily for desalinization of
other related research.
(b) The real property referred to in subsection (a) is real property
located in the town of Wrightsville Beach, North Carolina, as follows:
(1) Real property which constitutes the Wrightsville Beach Test
Facility and may be described as beginning at a point in the old
northern line of United States Highway 76, said point located
north 51 degrees 05 minutes west 530.00 feet as measured with said
line from the southeast corner of tract numbered 1 as shown by
"Map Showing Property of State of North Carolina' recorded in map
book 7, page 40, New Hanover County Registry; running thence from
said beginning north 38 degrees 55 minutes east 660.00 feet to a
point; thence north 51 degrees 05 minutes west 129.80 feet to a
point; thence north 38 degrees 56 minutes 30 seconds east 157.89
feet to a point; thence north 77 degrees 32 minutes 30 seconds
east 101.40 feet to a point; thence north 12 degrees 07 minutes
west 151.19 feet to a point in the southern line of United States
Highway 74; thence with said southern line south 77 degrees 53
minutes west 563.57 feet to a point; thence south 38 degrees 55
minutes west 554.52 feet to a point in the old northern line of
United States Highway 76; thence with said old northern line
south 51 degrees 05 minutes east 538.47 feet to the point of
beginning, containing 9.57 acres.
(2) (A) Real property which is adjacent to such Facility and
may be described as beginning at a point in the old northern right
of way line of United States Highway 76 (Wrightsville Causeway) at
the southeastern corner of tract numbered 1 as shown by "Map
Showing Property of State of North Carolina' recorded in map book
7, page 40, New Hanover County Registry; said southeast corner
north 51 degrees 05 minutes west 862.6 feet as measured with said
northern line from its intersection with the extension of the
western line of Island Drive, Shore Acres; running thence from
said beginning south 38 degrees 55 minutes west 150.00 feet to a
point in the new northern right of way line of United States
Highway 76; thence with said line north 51 degrees 05 minutes
west 530.00 feet to a point; thence north 38 degrees 55 minutes
east 150.00 feet to a point in said old northern right of way
line; thence continuing north 38 degrees 55 minutes east 660.00
feet to a point; thence continuing north 38 degrees 55 minutes
east 140.11 feet to a point; thence north 12 degrees 27 minutes
30 seconds west 108.44 feet to a point; thence north 77 degrees
32 minutes 30 seconds east 34.31 feet to a point; thence north 12
degrees 07 minutes west 151.19 feet to a point in the southern
line of United States Highway 74; thence north 77 degrees 53
minutes east 240.00 feet to the northernmost corner of said tract
numbered 1, map book 7, page 40; thence with the eastern lines of
said tract numbered 1 south 12 degrees 07 minutes east 723.8 feet
to its easternmost corner; thence continuing with said eastern
line south 38 degrees 55 minutes west 723.8 feet to the point of
beginning, containing 14.079 acres.
(B) Beginning at a point in the old northern right of way of
United States Highway 76 (Causeway Drive) and the southern line of
tract numbered 1 as shown by map, "Property of State of North
Carolina' recorded in map book 7, page 40, New Hanover County
Registry, said point located north 51 degrees 05 minutes west
1068.47 feet as with said line from the southeastern corner of
said tract numbered 1; running thence from said beginning with
said line north 51 degrees 05 minutes west 322.62 feet to a point
in the new right of way of United States Highway 76; thence with
said new right of way north 19 degrees 27 minutes 15 seconds west
32.01 feet to an iron rod; thence continuing with said new right
of way north 33 degrees 42 minutes 15 seconds east 94.98 feet to
an iron rod in the southern right of way of United States Highway
74; thence with said southern line north 77 degrees 53 minutes
east 570.17 feet to an iron pipe; thence south 38 degrees 55
minutes west 554.55 feet to the point of beginning, containing
2.72 acres and being the western portion of said tract numbered 1
recorded in map book 7, page 40.
SEC. 202. (a) (1) Notwithstanding any other provision of law and
subject to paragraph (2), the Secretary shall convey, not later than
December 31, 1983, and without consideration, all right, title, and
interest of the United States in the real property described in
subsection (b) of this section, which constitutes the Roswell Test
Facility, to the city of Roswell, New Mexico.
(2) Such conveyance shall be made on the condition that, during the
period beginning on the date of such conveyance and ending on December
31, 1987, such facility is --
(A) maintained in a working order which is comparable to the
condition of such facility on the date of such conveyance, and
(B) operated and maintained primarily for desalinization or
other related research.
(b) The real property referred to in subsection (a) of this section
shall consist of so much of the real property located in the county of
Chaves, New Mexico, as constitutes the Roswell Test Facility. Such real
property shall consist of --
(1) the lands at the Roswell site as conveyed to the United
States by the city of Roswell, New Mexico, by warranty deed dated
April 13, 1961, said deed being recorded in the office of the
county clerk of the county of Chaves, New Mexico, at book 205,
page 406, and more fully describing such lands as being --
A tract of land lying and being situated in the southwest
quarter of section 32, township 10 south, range 25 east, New
Mexico principal meridian, and being more particularly described
as; beginning at a point on the west line of said section 32
which bears north 3 degrees 58 minutes east at 137 feet distant
from the southwest corner of said section 32; thence north 3
degrees 58 minutes east, a distance of 455 feet; thence north 78
degrees 03 minutes east, a distance of 531.9 feet; thence south
25 degrees 00 minutes east, a distance of 450.1 feet; thence
southwesterly along a curve to the right, the arc which bears
south 77 degrees 43 minutes west, a distance of 760.4 feet to the
point of beginning, containing 6.94304 acres, and
(2) the lands at the Roswell site as conveyed to the United
States by the city of Roswell, New Mexico, by warranty deed dated
June 18, 1968, said deed being recorded in the office of the
county clerk of the county of Chaves, New Mexico, at book 250,
page 390, and more fully describing such lands as being --
A tract of land lying and being situated in the west half of
the west half of the southwest quarter of section 32, township 10
south, range 25 east, New Mexico principal meridian, and being
more particularly described as follows: Beginning at a point on
the west line of said section 32 which bears north 3 degrees 57
minutes east 592 feet distant from the southeast corner of said
section 32; thence north 3 degrees 58 minutes east, a distance of
911.5 feet; thence south 39 degrees 33 minutes east, a distance
of 179.00 feet; thence south 27 degrees 35 minutes east, a
distance of 1,193.00 feet; thence southwesterly along the north
highway right-of-way line on a curve to the right of 5,655 feet
radius through an included angle of 0 degrees 13 minutes, a
distance of 21.31 feet; thence north 25 degrees 00 minutes west,
a distance of 444.26 feet; thence south 78 degrees 03 minutes
west, a distance of 531.9 feet to the point of beginning
containing 5,795 acres, more or less. Note: The east boundary of
this tract of land lies 50 feet west of the center line of the
Hagerman canal, together with water rights appurtenant thereto.
SEC. 203. Each conveyance issued by the Secretary pursuant to the
provisions of this title shall contain a clause providing that the title
to the lands and facilities conveyed shall revert to the United States
should such lands or facilities be used for other than a public purpose
following the date of conveyance.
/s/ THOMAS P. O'NEILL, JR.
Speaker of the House of Representatives.
/s/ STROM THURMOND
President of the Senate pro Tempore
March 21 (legislative day, March 19), 1984.
The Senate having proceeded to reconsider the bill (S. 684) entitled
"An Act to authorize an ongoing program of water resources research, and
for other purposes', returned by the President of the United States with
his objections, to the Senate, in which it originated, it was
Resolved, That the said bill pass, two-thirds of the Senators present
having voted in the affirmative.
/s/ WILLIAM F. HILDENBRAND
Secretary.
I certify that this Act originated in the Senate.
/s/ WILLIAM F. HILDENBRAND
Secretary.
March 22, 1984.
The House of Representatives having proceeded to reconsider the bill
(S. 684) entitled "An Act to authorize an ongoing program of water
resources research, and for other purposes', returned by the President
of the United States with his objections, to the Senate, in which it
originated, and passed by the Senate on reconsideration of the same, it
was
Resolved, That the said bill pass, two-thirds of the House of
Representatives agreeing to pass the same.
/s/ BENJAMIN J. GUTHRIE
Clerk.
LEGISLATIVE HISTORY -- S. 684 (H.R. 2911):
HOUSE REPORT No. 98-416 accompanying H.R. 2911 (Comm. on Interior and
Insular Affairs).
SENATE REPORT No. 98-91 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD:
Vol. 129 (1983): May 25, considered and passed Senate.
Oct. 31, H.R. 2911 considered and passed House; S. 684,
amended, passed in lieu.
Nov. 18, Senate concurred in House amendments with an
amendment.
Vol. 130 (1984): Feb. 7, House concurred in Senate amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 20, No. 8 (1984):
Feb. 21, Presidential veto message.
CONGRESSIONAL RECORD, Vol. 130 (1984):
Mar. 21, Senate overrode veto.
Mar. 22, House overrode veto.
Public Law 98-241, 98 Stat. 95
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SEC. 101. (a) Section 7(a) of the Earthquake Hazards Reduction Act
of 1977 "96 Stat. 2533" is amended by adding at the end thereof the
following new paragraph: "42 USC 7706"
"(5) There are authorized to be appropriated to the Director, to
carry out the provisions of sections 5 and 6 of this Act, "42 USC 7704,
7705" for the fiscal year ending September 30, 1984, $3,705,000, and for
the fiscal year ending September 30, 1985, $6,096,000.".
(b) Section 7(b) of such Act is amended by striking out "and" after
"1982;" and by inserting "; $35,524,000 for the fiscal year ending
September 30, 1984, and $37,300,200 for the fiscal year ending September
30, 1985" before the period at the end thereof.
(c) Section 7(c) of such Act is amended by striking out "and" after
"1982;" and by inserting "; $25,800,000 for the fiscal year ending
September 30, 1984; and $28,665,000 for the fiscal year ending
September 30, 1985" before the period at the end thereof.
(d) Section 7(d) of such Act is amended by striking out "and" after
"1982;' and by inserting "; $475,000 for the fiscal year ending
September 30, 1984; and $498,750 for the fiscal year ending September
30, 1985" before the period at the end thereof.
(e) Section 7(e) of such Act is amended by striking out "1982 and"
and by inserting in lieu thereof "1982," and by inserting "September 30,
1984, and September 30, 1985," before "there are authorized".
SEC. 201. Section 17 of the Federal Fire Prevention and Control Act
of 1974 "15 USC 2216" is amended by adding at the end thereof the
following:
"(e) Except as otherwise specifically provided with respect to the
payment of claims under section 11 of this Act, "15 USC 2214" to carry
out the purposes of this Act, there are authorized to be appropriated --
"(1) $15,720,000 for the fiscal year ending September 30, 1984,
and $20,983,000 for the fiscal year ending September 30, 1985;
and
"(2) such further sums as may be necessary in each of the
fiscal years ending September 30, 1984, and September 30, 1985,
for adjustments required by law in salaries, pay, retirement, and
employee benefits incurred in the conduct of activities for which
funds are authorized by paragraph (1) of this subsection. The
funds authorized under this subsection shall be in addition to
funds authorized in any other law for research and development at
the Fire Research Center of the National Bureau of Standards."
SEC. 202. Section 15 of the Federal Fire Prevention and Control Act
of 1974, as amended (15 U.S.C. 2214), is further amended by striking the
words ", the Secretary of Defense," where such appears in subsections
(b)(2), (c), (e)(1)(A), and (f).
SEC. 203. It is the sense of the Congress that special recognition
should be made of volunteer fire companies for their contribution to the
public safety, accomplished in the highest traditions of the American
voluntary spirit, and offering proof that locally based, nonfederally
sponsored efforts provide the American people with outstanding service.
Approved March 22, 1984.
LEGISLATIVE HISTORY -- S. 820 (H.R. 2465):
HOUSE REPORTS: No. 98-99, Pts. 1 and 3 (Comm. on Interior and
Insular Affairs) and Pt. 2 (Comm. on Science and Technology) all
accompanying H.R. 2465.
SENATE REPORT: No. 98-42 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD: Vol. 129 (1983): Apr. 7, considered and
passed Senate. Vol. 130 (1984): Feb. 1, H.R. 2465 considered and
passed House; S. 820, amended, passed in lieu. Mar. 8, Senate
concurred in House amendments.
PUBLIC LAW 98-240, 98 STAT. 94
Whereas there are fourteen million single parents in the United
States, the number doubling in the last ten years;
Whereas 20 per centum of all our Nation's children are now living in
single parent families, and an estimated 50 per centum of this Nation's
children will live with a single parent before the age of eighteen;
Whereas in the past, single parent families have not always been an
accepted part of society;
Whereas single parents have struggled courageously to raise their
children to a healthy maturity, with the full sense of being loved and
accepted as persons, and with the same prospects for adulthood as
children who mature with their two parents together; and
Whereas it is time to recognize the courage and dedication of these
parents who work to maintain strong family units and to be responsible
members of American society: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That March 21, 1984, is
designated "National Single Parent Day'. The President is requested to
issue a proclamation calling upon the people of the United States to
observe that day with appropriate ceremonies and activities.
Approved March 21, 1984.
LEGISLATIVE HISTORY -- H.J. Res. 200 (S.J. Res. 256):
CONGRESSIONAL RECORD, Vol. 130 (1984):
Mar. 14, considered and passed House.
Mar. 20, considered and passed Senate.
Public Law 98-239, 98 Stat. 93
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That subsection (j) of
section 252 of the Energy Policy and Conservation Act (42 U.S.C. 6272(
j)) "96 Stat. 248" is amended by striking out "December 31, 1983" and
inserting in lieu thereof "June 30, 1985".
Approved March 20, 1984.
LEGISLATIVE HISTORY -- H.R. 4194 (S. 1982):
HOUSE REPORTS: No. 98-472 (Comm. on Energy and Commerce) and No.
98-620 (Comm. of Conference).
CONGRESSIONAL RECORD: Vol. 129 (1983): Nov. 7, considered and
passed House. Nov. 17, considered and passed Senate, amended. Nov. 18,
House disagreed to Senate amendment. Vol. 130 (1984): Mar. 15, House
and Senate agreed to conference report.
Public Law 98-238, 98 Stat. 92
Whereas American correctional officers who work in our jails and
prisons are currently responsible for the containment and control of
over six hundred thousand prisoners;
Whereas correctional officers must protect inmates from violence
while encouraging them to develop skills and attitudes that can help
them become productive members of society following their release;
Whereas the morale of correctional officers is affected by many
factors, and the public perception of the role of correctional officers
is more often based upon dramatization rather than factual review;
Whereas good job performance requires correctional officers to absorb
the adverse attitudes present in confinement while maintaining
themselves as professionals in order to have their actions appreciated
and accepted by the public at large;
Whereas the American Association of Correctional Officers will be
holding its annual convention May 6-12, 1984; and
Whereas the attitude and morale of correctional officers is a matter
worthy of serious congressional attention: 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 May 6,
1984, hereby is designated "National Correctional Officers Week" 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 March 20, 1984.
LEGISLATIVE HISTORY -- S.J. Res. 132:
CONGRESSIONAL RECORD: Vol. 129 (1983): Nov. 15, considered and
passed Senate. Vol. 130 (1984): Mar. 8, considered and passed House.
Public Law 98-237, 98 Stat. 67
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 "Shipping Act of 1984". "46 USC app. 1701 note"
Sec. 2. Declaration of policy.
Sec. 3. Definitions.
Sec. 4. Agreements within scope of Act.
Sec. 5. Agreements.
Sec. 6. Action on agreements.
Sec. 7. Exemption from antitrust laws.
Sec. 8. Tariffs.
Sec. 9. Controlled carriers.
Sec. 10. Prohibited acts.
Sec. 11. Complaints, investigations, reports, and reparations.
Sec. 12. Subpenas and discovery.
Sec. 13. Penalties.
Sec. 14. Commission orders.
Sec. 15. Reports and certificates.
Sec. 16. Exemptions.
Sec. 17. Regulations
Sec. 18. Agency reports and advisory commission.
Sec. 19. Ocean freight forwarders.
Sec. 20. Repeals and conforming amendments.
Sec. 21. Effective date.
Sec. 22. Compliance with Budget Act.
SEC. 2. "46 USC app. 1701" DECLARATION OF POLICY.
The purposes of this Act are --
(1) to establish a nondiscriminatory regulatory process for the
common carriage of goods by water in the foreign commerce of the
United States with a minimum of government intervention and
regulatory costs;
(2) to provide an efficient and economic transportation system
in the ocean commerce of the United States that is, insofar as
possible, in harmony with, and responsive to, international
shipping practices; and
(3) to encourage the development of an economically sound and
efficient United States-flag liner fleet capable of meeting
national security needs.
SEC. 3. "46 USC app. 1702" DEFINITIONS
As used in this Act --
(1) "agreement" means an understanding, arrangement, or
association (written or oral) and any modification or cancellation
thereof; but the term does not include a maritime labor
agreement.
(2) "antitrust laws" means the Act of July 2, 1890 (ch. 647, 26
Stat. 209), as amended; the Act of October 15, 1914 "15 USC 1"
(ch. 323, 38 Stat. 730), as amended; the Federal Trade Commission
Act "15 USC 12" (38 Stat. 717), as amended; sections 73 and 74 of
the Act "15 USC 41" of August 27, 1894 (28 Stat. 570), as
amended; the Act of June 19, 1936 "15 USC 8, 9" (ch. 592, 49
Stat. 1526), as amended; the Antitrust Civil Process Act "15 USC
13" (76 Stat. 548), as amended; and amendments and Acts "15 USC
1311 note" supplementary thereto.
(3) "assessment agreement" means an agreement, whether part of
a collective-bargaining agreement or negotiated separately, to the
extent that it provides for the funding of collectively bargained
fringe benefit obligations on other than a uniform man-hour basis,
regardless of the cargo handled or type of vessel or equipment
utilized.
(4) "bulk cargo" means cargo that is loaded and carried in bulk
without mark or count.
(5) "Commission" means the Federal Maritime Commission.
(6) "common carrier" means a person holding itself out to the
general public to provide transportation by water of passengers or
cargo between the United States and a foreign country for
compensation that --
(A) assumes responsibility for the transportation from the port
or point of receipt to the port or point of destination, and
(B) utilizes, for all or part of that transportation, a vessel
operating on the high seas or the Great Lakes between a port in
the United States and a port in a foreign country.
(7) "conference" means an association of ocean common carriers
permitted, pursuant to an approved or effective agreement, to
engage in concerted activity and to utilize a common tariff; but
the term does not include a joint service, consortium, pooling,
sailing, or transshipment arrangement.
(8) "controlled carrier" means an ocean common carrier that is,
or whose operating assets are, directly or indirectly, owned or
controlled by the government under whose registry the vessels of
the carrier operate; ownership or control by a government shall
be deemed to exist with respect to any carrier if --
(A) a majority portion of the interest in the carrier is owned
or controlled in any manner by that government, by any agency
thereof, or by any public or private person controlled by that
government; or
(B) that government has the right to appoint or disapprove the
appointment of a majority of the directors, the chief operating
officer, or the chief executive officer of the carrier.
(9) "deferred rebate" means a return by a common carrier of any
portion of the freight money to a shipper as a consideration for
that shipper giving all, or any portion, of its shipments to that
or any other common carrier, or for any other purpose, the payment
of which is deferred beyond the completion of the service for
which it is paid, and is made only if, during both the period for
which computed and the period of deferment, the shipper has
complied with the terms of the rebate agreement or arrangement.
(10) "fighting ship" means a vessel used in a particular trade
by an ocean common carrier or group of such carriers for the
purpose of excluding, preventing, or reducing competition by
driving another ocean common carrier out of that trade.
(11) "forest products" means forest products in an unfinished
or semifinished state that require special handling moving in lot
sizes too large for a container, including, but not limited to
lumber in bundles, rough timber, ties, poles, piling, laminated
beams, bundled siding, bundled plywood, bundled core stock or
veneers, bundled particle or fiber boards, bundled hardwood, wood
pulp in rolls, wood pulp in unitized bales, paper board in rolls,
and paper in rolls.
(12) "inland division" means the amount paid by a common
carrier to an inland carrier for the inland portion of through
transportation offered to the public by the common carrier.
(13) "inland portion" means the charge to the public by a
common carrier for the nonocean portion of through transportation.
(14) "loyalty contract" means a contract with an ocean common
carrier or conference, other than a service contract or contract
based upon time-volume rates, by which a shipper obtains lower
rates by committing all or a fixed portion of its cargo to that
carrier or conference.
(15) "marine terminal operator" means a person engaged in the
United States in the business of furnishing wharfage, dock,
warehouse, or other terminal facilities in connection with a
common carrier.
(16) "maritime labor agreement" means a collective-bargaining
agreement between an employer subject to this Act, or group of
such employers, and a labor organization representing employees in
the maritime or stevedoring industry, or an agreement preparatory
to such a collective-bargaining agreement among members of a
multiemployer bargaining group, or an agreement specifically
implementing provisions of such a collective-bargaining agreement
or providing for the formation, financing, or administration of a
multiemployer bargaining group; but the term does not include an
assessment agreement.
(17) "non-vessel-operating common carrier" means a common
carrier that does not operate the vessels by which the ocean
transportation is provided, and is a shipper in its relationship
with an ocean common carrier.
(18) "ocean common carrier" means a vessel-operating common
carrier; but the term does not include one engaged in ocean
transportation by ferry boat or ocean tramp.
(19) "ocean freight forwarder" means a person in the United
States that --
(A) dispatches shipments from the United States via common
carriers and books or otherwise arranges space for those shipments
on behalf of shippers; and
(B) processes the documentation or performs related activities
incident to those shipments.
(20) "person" includes individuals, corporations, partnerships,
and associations existing under or authorized by the laws of the
United States or of a foreign country.
(21) "service contract" means a contract between a shipper and
an ocean common carrier or conference in which the shipper makes a
commitment to provide a certain minimum qualtity of cargo over a
fixed time period, and the ocean common carrier or conference
commits to a certain rate or rate schedule as well as a defined
service level -- such as, assured, space, transit time, port
rotation, or similar service features; the contract may also
specify provisions in the event of nonperformance on the part of
either party.
(22) "shipment" means all of the cargo carried under the terms
of a single bill of lading.
(23) "shipper" means an owner or person for whose account the
ocean transportation of cargo is provided or the person to whom
delivery is to be made.
(24) "shippers' association" means a group of shippers that
consolidates or distributes freight on a nonprofit basis for the
members of the group in order to secure carload, truckload, or
other volume rates or service contracts.
(25) "through rate" means the single amount charged by a common
carrier in connection with through transportation.
(26) "through transportation" means continuous transportation
between origin and destination for which a through rate is
assessed and which is offered or performed by one or more
carriers, at least one of which is a common carrier, between a
United States point or port and a foreign point or port.
(27) "United States" includes the several States, the District
of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of
the Northern Marianas, and all other United States territories and
possessions.
SEC. 4. AGREEMENTS WITHIN SCOPE OF ACT. "46 USC app. 1703"
(a) OCEAN COMMON CARRIERS. -- This Act applies to agreements by or
among ocean common carriers to --
(1) discuss, fix, or regulate transportation rates, including
through rates, cargo space accommodations, and other conditions of
service;
(2) pool or apportion traffic, revenues, earnings, or losses;
(3) allot ports or restrict or otherwise regulate the number
and character of sailings between ports;
(4) limit or regulate the volume or character of cargo or
passenger traffic to be carried;
(5) engage in exclusive, preferential, or cooperative working
arrangements among themselves or with one or more marine terminal
operators or non-vessel-operating common carriers;
(6) control, regulate, or prevent competition in international
ocean transportation; and
(7) regulate or prohibit their use of service contracts.
(b) MARINE TERMINAL OPERATORS. -- This Act applies to agreements (to
the extent the agreements involve ocean transportation in the foreign
commerce of the United States) among marine terminal operators and among
one or more marine terminal operators and one or more ocean common
carriers to --
(1) discuss, fix, or regulate rates or other conditions of
service; and
(2) engage in exclusive, preferential, or cooperative working
arrangements.
(c) ACQUISITIONS. -- This Act does not apply to an acquisition by any
person, directly or indirectly, of any voting security or assets of any
other person.
SEC. 5. "46 USC app. 1704" AGREEMENTS.
(a) FILING REQUIREMENTS. -- A true copy of every agreement entered
into with respect to an activity described in section 4 of this Act
shall be filed with the Commission, except agreements related to
transportation to be performed within or between foreign countries and
agreements among common carriers to establish, operate, or maintain a
marine terminal in the United States. In the case of an oral agreement,
a complete memorandum specifying in detail the substance of the
agreement shall be filed. The Commission may by regulation prescribe
the form and manner in which an agreement shall be filed and the
additional information and documents necessary to evaluate the
agreement.
(b) CONFERENCE AGREEMENTS. -- Each conference agreement must --
(1) state its purpose;
(2) provide reasonable and equal terms and conditions for
admission and readmission to conference membership for any ocean
common carrier willing to serve the particular trade or route;
(3) permit any member to withdraw from conference membership
upon reasonable notice without penalty;
(4) at the request of any member, require an independent
neutral body to police fully the obligations of the conference and
its members;
(5) prohibit the conference from engaging in conduct prohibited
by section 10(c)(1) or (3) of this Act;
(6) provide for a consultation process designed to promote --
(A) commercial resolution of disputes, and
(B) cooperation with shippers in preventing and eliminating
malpractices;
(7) establish procedures for promptly and fairly considering
shippers' requests and complaints; and
(8) provide that any member of the conference may take
independent action on any rate or service item required to be
filed in a tariff under section 8(a) of this Act upon not more
than 10 calendar days' notice to the conference and that the
conference will include the new rate or service item in its tariff
for use by that member, effective no later than 10 calendar days
after receipt of the notice, and by any other member that notifies
the conference that it elects to adopt the independent rate or
service item on or after its effective date, in lieu of the
existing conference tariff provision for that rate or service
item.
(c) INTERCONFERENCE AGREEMENTS. -- Each agreement between carriers
not members of the same conference must provide the right of independent
action for each carrier. Each agreement between conferences must
provide the right of independent action for each conference.
(d) ASSESSMENT AGREEMENTS. -- Assessment agreements shall be filed
with the Commission and become effective on filing. The Commission
shall thereafter, upon complaint filed within 2 years of the date of the
agreement, disapprove, cancel, or modify any such agreement, or charge
or assessment pursuant thereto, that it finds, after notice and hearing,
to be unjustly discriminatory or unfair as between carriers, shippers,
or ports. The Commission shall issue its final decision in any such
proceeding within 1 year of the date of filing of the complaint. To the
extent that an assessment or charge is found in the proceeding to be
unjustly discriminatory or unfair as between carriers, shippers, or
ports, the Commission shall remedy the unjust discrimination or
unfairness for the period of time between the filing of the complaint
and the final decision by means of assessment adjustments. These
adjustments shall be implemented by prospective credits or debits to
future assessments or charges, except in the case of a complainant who
has ceased activities subject to the assessment or charge, in which case
reparation may be awarded. Except for this subsection and section 7(a)
of this Act, this Act, the Shipping Act, 1916, and the Intercoastal
Shipping Act, 1933, "46 USC app. 801 et seq., 843" do not apply to
assessment agreements.
(e) MARITIME LABOR AGREEMENTS. -- This Act, the Shipping Act, 1916,
and the Intercoastal Shipping Act, 1933, do not apply to maritime labor
agreements. This subsection does not exempt from this Act, the Shipping
Act, 1916, or the Intercoastal Shipping Act, 1933, any rates, charges,
regulations, or practices of a common carrier that are required to be
set forth in a tariff, whether or not those rates, charges, regulations,
or practices arise out of, or are otherwise related to, a maritime labor
agreement.
SEC. 6. "46 USC app. 1705" ACTION ON AGREEMENTS.
(a) NOTICE. -- Within 7 days after an agreement is filed, the
Commission shall transmit a notice of its filing to the Federal Register
for publication.
(b) REVIEW STANDARD. -- The Commission shall reject any agreement
filed under section 5(a) of this Act that, after preliminary review, it
finds does not meet the requirements of section 5. The Commission shall
notify in writing the person filing the agreement of the reason for
rejection of the agreement.
(c) REVIEW AND EFFECTIVE DATE. -- Unless rejected by the Commission
under subsection (b), agreements, other than assessment agreements,
shall become effective --
(1) on the 45th day after filing, or on the 30th day after
notice of the filing is published in the Federal Register,
whichever day is later; or
(2) if additional information or documentary material is
requested under subsection (d), on the 45th day after the
Commission receives --
(A) all the additional information and documentary material
requested; or
(B) if the request is not fully complied with, the information
and documentary material submitted and a statement of the reasons
for noncompliance with the request. The period specified in
paragraph (2) may be extended only by the United States District
Court for the District of Columbia upon an application of the
Commission under subsection (i).
(d) ADDITIONAL INFORMATION. -- Before the expiration of the period
specified in subsection (c)(1), the Commission may request from the
person filing the agreement any additional information and documentary
material it deems necessary to make the determinations required by this
section.
(e) REQUEST FOR EXPEDITED APPROVAL. -- The Commission may, upon
request of the filing party, shorten the review period specified in
subsection (c), but in no event to a date less than 14 days after notice
of the filing of the agreement is published in the Federal Register.
(f) TERM OF AGREEMENTS. -- The Commission may not limit the
effectiveness of an agreement to a fixed term.
(g) SUBSTANTIALLY ANTICOMPETITIVE AGREEMENTS. -- If, at any time
after the filing or effective date of an agreement, the Commission
determines that the agreement is likely, by a reduction in competition,
to produce an unreasonable reduction in transportation service or an
unreasonable increase in transportation cost, it may, after notice to
the person filing the agreement, seek appropriate injunctive relief
under subsection (h).
(h) INJUNCTIVE RELIEF. -- The Commission may, upon making the
determination specified in subsection (g), bring suit in the United
States District Court for the District of Columbia to enjoin operation
of the agreement. The court may issue a temporary restraining order or
preliminary injunction and, upon a showing that the agreement is likely,
by a reduction in competition, to produce an unreasonable reduction in
transportation service or an unreasonable increase in transportation
cost, may enter a permanent injunction. In a suit under this
subsection, the burden of proof is on the Commission. The court may not
allow a third party to intervene with respect to a claim under this
subsection.
(i) COMPLIANCE WITH INFORMATIONAL NEEDS. -- If a person filing an
agreement, or an officer, director, partner, agent, or employee thereof,
fails substantially to comply with a request for the submission of
additional information or documentary material within the period
specified in subsection (c), the United States District Court for the
District of Columbia, at the request of the Commission --
(1) may order compliance;
(2) shall extend the period specified in subsection (c)(2)
until there has been substantial compliance; and
(3) may grant such other equitable relief as the court in its
discretion determines necessary or appropriate.
(j) NONDISCLOSURE OF SUBMITTED MATERIAL. -- Except for an agreement
filed under section 5 of this Act, information and documentary material
filed with the Commission under section 5 or 6 is exempt from disclosure
under section 552 of title 5, United States Code and may not be made
public except as may be relevant to an administrative or judicial action
or proceeding. This section does not prevent disclosure to either body
of Congress or to a duly authorized committee or subcommittee of
Congress.
(k) REPRESENTATION. -- Upon notice to the Attorney General, the
Commission may represent itself in district court proceedings under
subsections (h) and (i) of this section and section 11(h) of this Act.
With the approval of the Attorney General, the Commission may represent
itself in proceedings in the United States Courts of Appeal under
subsections (h) and (i) of this section and section 11(h) of this Act.
SEC. 7. "46 USC app. 1706" EXEMPTION FROM ANTITRUST LAWS.
(a) IN GENERAL. -- The antitrust laws do not apply to --
(1) any agreement that has been filed under section 5 of this
Act and is effective under section 5(d) or section 6, or is exempt
under section 16 of this Act from any requirement of this Act;
(2) any activity or agreement within the scope of this Act,
whether permitted under or prohibited by this Act, undertaken or
entered into with a reasonable basis to conclude that (A) it is
pursuant to an agreement on file with the Commission and in effect
when the activity took place, or (B) it is exempt under section 16
of this Act from any filing requirement of this Act;
(3) any agreement or activity that relates to transportation
services within or between foreign countries, whether or not via
the United States, unless that agreement or activity has a direct,
substantial, and reasonably foreseeable effect on the commerce of
the United States;
(4) any agreement or activity concerning the foreign inland
segment of through transportation that is part of transportation
provided in a United States import or export trade;
(5) any agreement or activity to provide or furnish wharfage,
dock, warehouse, or other terminal facilities outside the United
States; or
(6) subject to section 20(e)(2) of this Act, any agreement,
modification, or cancellation approved by the Commission before
the effective date of this Act under section 15 of the Shipping
Act, 1916, or permitted under section 14b "97 Stat. 500" thereof,
and any properly published tariff, rate, fare, or charge,
classification, rule, or regulation explanatory thereof
implementing that agreement, modification, or cancellation.
(b) EXCEPTIONS. -- This Act does not extend antitrust immunity --
(1) to any agreement with or among air carriers, rail carriers,
motor carriers, or common carriers by water not subject to this
Act with respect to transportation within the United States;
(2) to any discussion or agreement among common carriers that
are subject to this Act regarding the inland divisions (as opposed
to the inland portions) of through rates within the United States;
or
(3) to any agreement among common carriers subject to this Act
to establish, operate, or maintain a marine terminal in the United
States.
(c) LIMITATIONS. -- (1) Any determination by an agency or court that
results in the denial or removal of the immunity to the antitrust laws
set forth in subsection (a) shall not remove or alter the antitrust
immunity for the period before the determination.
(2) No person may recover damages under section 4 of the Clayton Act
(15 U.S.C. 15), or obtain injunctive relief under section 16 of that Act
(15 U.S.C. 26), for conduct prohibited by this Act.
SEC. 8. "46 USC app. 1707" TARIFFS.
(a) IN GENERAL. --
(1) Except with regard to bulk cargo, forest products, recycled
metal scrap, waste paper, and paper waste, each common carrier and
conference shall file with the Commission, and keep open to public
inspection, tariffs showing all its rates, charges,
classifications, rules, and practices between all points or ports
on its own route and on any through transportation route that has
been established. However, common carriers shall not be required
to state separately or otherwise reveal in tariff filings the
inland divisions of a through rate. Tariffs shall --
(A) state the places between which cargo will be carried;
(B) list each classification of cargo in use;
(C) state the level of ocean freight forwarder compensation, if
any, by a carrier or conference;
(D) state separately each terminal or other charge, privilege,
or facility under the control of the carrier or conference and any
rules or regulations that in any way change, affect, or determine
any part or the aggregate of the rates or charges; and
(E) include sample copies of any loyalty contract, bill of
lading, contract of affreightment, or other document evidencing
the transportation agreement.
(2) Copies of tariffs shall be made available to any person,
and a reasonable charge may be assessed for them.
(b) TIME-VOLUME RATES. -- Rates shown in tariffs filed under
subsection (a) may vary with the volume of cargo offered over a
specified period of time.
(c) SERVICE CONTRACTS. -- An ocean common carrier or conference may
enter into a service contract with a shipper or shippers' association
subject to the requirements of this Act. Except for service contracts
dealing with bulk cargo, forest products, recycled metal scrap, waste
paper, or paper waste, each contract entered into under this subsection
shall be filed confidentially with the Commission, and at the same time,
a concise statement of its essential terms shall be filed with the
Commission and made available to the general public in tariff format,
and those essential terms shall be available to all shippers similarly
situated. The essential terms shall include --
(1) the origin and destination port ranges in the case of
port-to-port movements, and the origin and destination geographic
areas in the case of through intermodal movements;
(2) the commodity or commodities involved;
(3) the minimum volume;
(4) the line-haul rate;
(5) the duration;
(6) service commitments; and
(7) the liquidated damages for nonperformance, if any.
The exclusive remedy for a breach of a contract entered into under
this subsection shall be an action in an appropriate court, unless the
parties otherwise agree.
(d) RATES. -- No new or initial rate or change in an existing rate
that results in an increased cost to the shipper may become effective
earlier than 30 days after filing with the Commission. The Commission,
for good cause, may allow such a new or initial rate or change to become
effective in less than 30 days. A change in an existing rate that
results in a decreased cost to the shipper may become effective upon
publication and filing with the Commission.
(e) REFUNDS. -- The Commission may, upon application of a carrier or
shipper, permit a common carrier or conference to refund a portion of
freight charges collected from a shipper or to waive the collection of a
portion of the charges from a shipper if --
(1) there is an error in a tariff of a clerical or
administrative nature or an error due to inadvertence in failing
to file a new tariff and the refund will not result in
discrimination among shippers, ports, or carriers;
(2) the common carrier or conference has, prior to filing an
application for authority to make a refund, filed a new tariff
with the Commission that sets forth the rate on which the refund
or waiver would be based;
(3) the common carrier or conference agrees that if permission
is granted by the Commission, an appropriate notice will be
published in the tariff, or such other steps taken as the
Commission may require that give notice of the rate on which the
refund or waiver would be based, and additional refunds or waivers
as appropriate shall be made with respect to other shipments in
the manner prescribed by the Commission in its order approving the
application; and
(4) the application for refund or waiver is filed with the
Commission within 180 days from the date of shipment.
(f) FORM. -- The Commission may by regulation prescribe the form and
manner in which the tariffs required by this section shall be published
and filed. The Commission may reject a tariff that is not filed in
conformity with this section and its regulations. Upon rejection by the
Commission, the tariff is void and its use is unlawful.
SEC. 9. "46 USC app. 1708" CONTROLLED CARRIERS.
(a) CONTROLLED CARRIER RATES. -- No controlled carrier subject to
this section may maintain rates or charges in its tariffs filed with the
Commission that are below a level that is just and reasonable, nor may
any such carrier establish or maintain unjust or unreasonable
classifications, rules, or regulations in those tariffs. An unjust or
unreasonable classification, rule, or regulation means one that results
or is likely to result in the carriage or handling of cargo at rates or
charges that are below a just and reasonable level. The Commission may,
at any time after notice and hearing, disapprove any rates, charges,
classifications, rules, or regulations that the controlled carrier has
failed to demonstrate to be just and reasonable. In a proceeding under
this subsection, the burden of proof is on the controlled carrier to
demonstrate that its rates, charges, classifications, rules, or
regulations are just and reasonable. Rates, charges, classifications,
rules, or regulations filed by a controlled carrier that have been
rejected, suspended, or disapproved by the Commission are void and their
use is unlawful.
(b) RATE STANDARDS. -- For the purpose of this section, in
determining whether rates, charges, classifications, rules, or
regulations by a controlled carrier are just and reasonable, the
Commission may take into account appropriate factors including, but not
limited to, whether --
(1) the rates or charges which have been filed or which would
result from the pertinent classifications, rules, or regulations
are below a level which is fully compensatory to the controlled
carrier based upon that carrier's actual costs or upon its
constructive costs, which are hereby defined as the costs of
another carrier, other than a controlled carrier, operating
similar vessels and equipment in the same or a similar trade;
(2) the rates, charges, classifications, rules, or regulations
are the same as or similar to those filed or assessed by other
carriers in the same trade;
(3) the rates, charges, classifications, rules, or regulations
are required to assure movement of particular cargo in the trade;
or
(4) the rates, charges, classifications, rules, or regulations
are required to maintain acceptable continuity, level, or quality
of common carrier service to or from affected ports.
(c) EFFECTIVE DATE OF RATES. -- Notwithstanding section 8(d) of this
Act, the rates, charges, classifications, rules, or regulations of
controlled carriers may not, without special permission of the
Commission, become effective sooner than the 30th day after the date of
filing with the Commission. Each controlled carrier shall, upon the
request of the Commission, file, within 20 days of request (with respect
to its existing or proposed rates, charges, classifications, rules, or
regulations), a statement of justification that sufficiently details the
controlled carrier's need and purpose for such rates, charges,
classifications, rules, or regulations upon which the Commission may
reasonably base its determination of the lawfulness thereof.
(d) DISAPPROVAL OF RATES. -- Whenever the Commission is of the
opinion that the rates, charges, classifications, rules, or regulations
filed by a controlled carrier may be unjust and unreasonable, the
Commission may issue an order to the controlled carrier to show cause
why those rates, charges, classifications, rules, or regulations should
not be disapproved. Pending a determination as to their lawfulness in
such a proceeding, the Commission may suspend the rates, charges,
classifications, rules, or regulations at any time before their
effective date. In the case of rates, charges, classifications, rules,
or regulations that have already become effective, the Commission may,
upon the issuance of an order to show cause, suspend those rates,
charges, classifications, rules, or regulations on not less than 60
days' notice to the controlled carrier. No period of suspension under
this subsection may be greater than 180 days. Whenever the Commission
has suspended any rates, charges, classifications, rules, or regulations
under this subsection, the affected carrier may file new rates, charges,
classifications, rules, or regulations to take effect immediately during
the suspension period in lieu of the suspended rates, charges,
classifications, rules, or regulations -- except that the Commission may
reject the new rates, charges, classifications, rules, or regulations if
it is of the opinion that they are unjust and unreasonable.
(e) PRESIDENTIAL REVIEW. -- Concurrently with the publication
thereof, the Commission shall transmit to the President each order of
suspension or final order of disapproval of rates, charges,
classifications, rules, or regulations of a controlled carrier subject
to this section. Within 10 days after the receipt or the effective date
of the Commission order, the President may request the Commission in
writing to stay the effect of the Commission's order if the President
finds that the stay is required for reasons of national defense or
foreign policy, which reasons shall be specified in the report.
Notwithstanding any other law, the Commission shall immediately grant
the request by the issuance of an order in which the President's request
shall be described. During any such stay, the President shall, whenever
practicable, attempt to resolve the matter in controversy by negotiation
with representatives of the applicable foreign governments.
(f) EXCEPTIONS. -- This section does not apply to --
(1) a controlled carrier of a state whose vessels are entitled
by a treaty of the United States to receive national or
most-favored-nation treatment;
(2) a controlled carrier of a state which, on the effective
date of this section, has subscribed to the statement of shipping
policy contained in note 1 to annex A of the Code of
Liberalization of Current Invisible Operations, adopted by the
Council of the Organization for Economic Cooperation and
Development;
(3) rates, charges, classifications, rules, or regulations of a
controlled carrier in any particular trade that are covered by an
agreement effective under section 6 of this Act, other than an
agreement in which all of the members are controlled carriers not
otherwise excluded from the provisions of this subsection;
(4) rates, charges, classifications, rules, or regulations
governing the transportation of cargo by a controlled carrier
between the country by whose government it is owned or controlled,
as defined herein and the United States; or
(5) a trade served exclusively by controlled carriers.
SEC. 10. "46 USC app. 1709" PROHIBITED ACTS.
(a) IN GENERAL. -- No person may --
(1) knowingly and willfully, directly or indirectly, by means
of false billing, false classification, false weighing, false
report of weight, false measurement, or by any other unjust or
unfair device or means obtain or attempt to obtain ocean
transportation for property at less than the rates or charges that
would otherwise be applicable;
(2) operate under an agreement required to be filed under
section 5 of this Act that has not become effective under section
6, or that has been rejected, disapproved, or canceled; or
(3) operate under an agreement required to be filed under
section 5 of this Act except in accordance with the terms of the
agreement or any modifications made by the Commission to the
agreement.
(b) COMMON CARRIERS. -- No common carrier, either alone or in
conjunction with any other person, directly or indirectly, may --
(1) charge, demand, collect, or receive greater, less, or
different compensation for the transportation of property or for
any service in connection therewith than the rates and charges
that are shown in its tariffs or service contracts;
(2) rebate, refund, or remit in any manner, or by any device,
any portion of its rates except in accordance with its tariffs or
service contracts;
(3) extend or deny to any person any privilege, concession,
equipment, or facility except in accordance with its tariffs or
service contracts;
(4) allow any perjson to obtain transportation for property at
less than the rates or charges established by the carrier in its
tariff or service contract by means of false billing, false
classification, false weighing, false measurements, or by any
other unjust or unfair device or means;
(5) retaliate against any shipper by refusing, or threatening
to refuse, cargo space accommodations when available, or resort to
other unfair or unjustly discriminatory methods because the
shipper has patronized another carrier, or has filed a complaint,
or for any other reason;
(6) except for service contracts, engage in any unfair or
unjustly discriminatory practice in the matter of --
(A) rates;
(B) cargo classifications;
(C) cargo space accommodations or other facilities, due regard
being had for the proper loading of the vessel and the available
tonnage;
(D) the loading and landing of freight; or
(E) the adjustment and settlement of claims;
(7) employ any fighting ship;
(8) offer or pay any deferred rebates;
(9) use a loyalty contract, except in conformity with the
antitrust laws;
(10) demand, charge, or collect any rate or charge that is
unjustly discriminatory between shippers or ports;
(11) except for service contracts, make or give any undue or
unreasonable preference or advantage to any particular person,
locality, or description of traffic in any respect whatsoever;
(12) subject any particular person, locality, or description of
traffic to an unreasonable refusal to deal or any undue or
unreasonable prejudice or disadvantage in any respect whatsoever;
(13) refuse to negotiate with a shippers' association; or
(14) knowingly disclose, offer, solicit, or receive any
information concerning the nature, kind, quantity, destination,
consignee, or routing of any property tendered or delivered to a
common carrier without the consent of the shipper or consignee if
that information --
(A) may be used to the detriment or prejudice of the shipper or
consignee;
(B) may improperly disclose its business transaction to a
competitor; or
(C) may be used to the detriment or prejudice of any common
carrier.
Nothing in paragraph (14) shall be construed to prevent providing
such information, in response to legal process, to the United States, or
to an independent neutral body operating within the scope of its
authority to fulfill the policing obligations of the parties to an
agreement effective under this Act. Nor shall it be prohibited for any
ocean common carrier that is a party to a conference agreement approved
under this Act, or any receiver, trustee, lessee, agent, or employee of
that carrier, or any other person authorized by that carrier to receive
information, to give information to the conference or any person, firm,
corporation, or agency designated by the conference, or to prevent the
conference or its designee from soliciting or receiving information for
the purpose of determining whether a shipper or consignee has breached
an agreement with the conference or its member lines or for the purpose
of determining whether a member of the conference has breached the
conference agreement, or for the purpose of compiling statistics of
cargo movement, but the use of such information for any other purpose
prohibited by this Act or any other Act is prohibited.
(c) CONCERTED ACTION. -- No conference or group of two or more common
carriers may --
(1) boycott or take any other concerted action resulting in an
unreasonable refusal to deal;
(2) engage in conduct that unreasonably restricts the use of
intermodal services or technological innovations;
(3) engage in any predatory practice designed to eliminate the
participation, or deny the entry, in a particular trade of a
common carrier not a member of the conference, a group of common
carriers, an ocean tramp, or a bulk carrier;
(4) negotiate with a nonocean carrier or group of nonocean
carriers (for example, truck, rail, or air operators) on any
matter relating to rates or services provided to ocean common
carriers within the United States by those nonocean carriers:
Provided, That this paragraph does not prohibit the setting and
publishing of a joint through rate by a conference, joint venture,
or an association of ocean common carriers;
(5) deny in the export foreign commerce of the United States
compensation to an ocean freight forwarder or limit that
compensation to less than a reasonable amount; or
(6) allocate shippers among specific carriers that are parties
to the agreement or prohibit a carrier that is a party to the
agreement from soliciting cargo from a particular shipper, except
as otherwise required by the law of the United States or the
importing or exporting country, or as agreed to by a shipper in a
service contract.
(d) COMMON CARRIERS, OCEAN FREIGHT FORWARDERS, AND MARINE TERMINAL
OPERATORS. --
(1) No common carrier, ocean freight forwarder, or marine
terminal operator may fail to establish, observe, and enforce just
and reasonable regulations and practices relating to or connected
with receiving, handling, storing, or delivering property.
(2) No marine terminal operator may agree with another marine
terminal operator or with a common carrier to boycott, or
unreasonably discriminate in the provision of terminal services
to, any common carrier or ocean tramp.
(3) The prohibitions in subsection (b)(11), (12), and (14) of
this section apply to marine terminal operators.
(e) JOINT VENTURES. -- For purposes of this section, a joint venture
or consortium of two or more common carriers but operated as a single
entity shall be treated as a single common carrier.
SEC. 11. "46 USC app. 1710" COMPLAINTS, INVESTIGATIONS, REPORTS, AND
REPARATIONS.
(a) FILING OF COMPLAINTS. -- Any person may file with the Commission
a sworn complaint alleging a violation of this Act, other than section
6(g), and may seek reparation for any injury caused to the complainant
by that violation.
(b) SATISFACTION OR INVESTIGATION OF COMPLAINTS. -- The Commission
shall furnish a copy of a complaint filed pursuant to subsection (a) of
this section to the person named therein who shall, within a reasonable
time specified by the Commission, satisfy the complaint or answer it in
writing. If the complaint is not satisfied, the Commission shall
investigate it in an appropriate manner and make an appropriate order.
(c) COMMISSION INVESTIGATIONS. -- The Commission, upon complaint or
upon its own motion, may investigate any conduct or agreement that it
believes may be in violation of this Act. Except in the case of an
injunction granted under subsection (h) of this section, each agreement
under investigation under this section remains in effect until the
Commission issues an order under this subsection. The Commission may by
order disapprove, cancel, or modify any agreement filed under section
5(a) of this Act that operates in violation of this Act. With respect
to agreements inconsistent with section 6(g) of this Act, the
Commission's sole remedy is under section 6(h).
(d) CONDUCT OF INVESTIGATION. -- Within 10 days after the initiation
of a proceeding under this section, the Commission shall set a date on
or before which its final decision will be issued. This date may be
extended for good cause by order of the Commission.
(e) UNDUE DELAYS. -- If, within the time period specified in
subsection (d), the Commission determines that it is unable to issue a
final decision because of undue delays caused by a party to the
proceedings, the Commission may impose sanctions, including entering a
decision adverse to the delaying party.
(f) REPORTS. -- The Commission shall make a written report of every
investigation made under this Act in which a hearing was held stating
its conclusions, decisions, findings of fact, and order. A copy of this
report shall be furnished to all parties. The Commission shall publish
each report for public information, and the published report shall be
competent evidence in all courts of the United States.
(g) REPARATIONS. -- For any complaint filed within 3 years after the
cause of action accrued, the Commission shall, upon petition of the
complainant and after notice and hearing, direct payment of reparations
to the complainant for actual injury (which, for purposes of this
subsection, also includes the loss of interest at commercial rates
compounded from the date of injury) caused by a violation of this Act
plus reasonable attorney's fees. Upon a showing that the injury was
caused by activity that is prohibited by section 10(b)(5) or (7) or
section 10(c)(1) or (4) of this Act, or that violates section 10(a)(2)
or (3), the Commission may direct the payment of additional amounts;
but the total recovery of a complainant may not exceed twice the amount
of the actual injury. In the case of injury caused by an activity that
is prohibited by section 10(b)(6) (A) or (B) of this Act, the amount of
the injury shall be the difference between the rate paid by the injured
shipper and the most favorable rate paid by another shipper.
(h) INJUNCTION. --
(1) In connection with any investigation conducted under this
section, the Commission may bring suit in a district court of the
United States to enjoin conduct in violation of this Act. Upon a
showing that standards for granting injunctive relief by courts of
equity are met and after notice to the defendant, the court may
grant a temporary restraining order or preliminary injunction for
a period not to exceed 10 days after the Commission has issued an
order disposing of the issues under investigation. Any such suit
shall be brought in a district in which the defendant resides or
transacts business.
(2) After filing a complaint with the Commission under
subsection (a), the complainant may file suit in a district court
of the United States to enjoin conduct in violation of this Act.
Upon a showing that standards for granting injunctive relief by
courts of equity are met and after notice to the defendant, the
court may grant a temporary restraining order or preliminary
injunction for a period not to exceed 10 days after the Commission
has issued an order disposing of the complaint. Any such suit
shall be brought in the district in which the defendant has been
sued by the Commission under paragraph (1); or, if no suit has
been filed, in a district in which the defendant resides or
transacts business. A defendant that prevails in a suit under
this paragraph shall be allowed reasonable attorney's fees to be
assessed and collected as part of the costs of the suit.
SEC. 12. "46 USC app. 1711" SUBPENAS AND DISCOVERY.
(a) IN GENERAL. -- In investigations and adjudicatory proceedings
under this Act --
(1) depositions, written interrogatories, and discovery
procedures may be utilized by any party under rules and
regulations issued by the Commission that, to the extent
practicable, shall be in conformity with the rules applicable in
civil proceedings in the district courts of the United States;
and
(2) the Commission may by subpena compel the attendance of
witnesses and the production of books, papers, documents, and
other evidence.
(b) WITNESS FEES. -- Witnesses shall, unless otherwise prohibited by
law, be entitled to the same fees and mileage as in the courts of the
United States.
SEC. 13. "46 USC app. 1712" PENALTIES.
(a) ASSESSMENT OF PENALTY. -- Whoever violates a provision of this
Act, a regulation issued thereunder, or a Commission order is liable to
the United States for a civil penalty. The amount of the civil penalty,
unless otherwise provided in this Act, may not exceed $5,000 for each
violation unless the violation was willfully and knowingly committed, in
which case the amount of the civil penalty may not exceed $25,000 for
each violation. Each day of a continuing violation constitutes a
separate offense.
(b) ADDITIONAL PENALTIES. --
(1) For a violation of section 10(b)(1), (2), (3), (4), or (8)
of this Act, the Commission may suspend any or all tariffs of the
common carrier, or that common carrier's right to use any or all
tariffs of conferences of which it is a member, for a period not
to exceed 12 months.
(2) For failure to supply information ordered to be produced or
compelled by subpena under section 12 of this Act, the Commission
may, after notice and an opportunity for hearing, suspend any or
all tariffs of a common carrier, or that common carrier's right to
use any or all tariffs of conferences of which it is a member.
(3) A common carrier that accepts or handles cargo for carriage
under a tariff that has been suspended or after its right to
utilize that tariff has been suspended is subject to a civil
penalty of not more than $50,000 for each shipment.
(4) If, in defense of its failure to comply with a subpena or
discovery order, a common carrier alleges that documents or
information located in a foreign country cannot be produced
because of the laws of that country, the Commission shall
immediately notify the Secretary of State of the failure to comply
and of the allegation relating to foreign laws. Upon receiving
the notification, the Secretary of State shall promptly consult
with the government of the nation within which the documents or
information are alleged to be located for the purpose of assisting
the Commission in obtaining the documents or information sought.
(5) If, after notice and hearing, the Commission finds that the
action of a common carrier, acting alone or in concert with any
person, or a foreign government has unduly impaired access of a
vessel documented under the laws of the United States to ocean
trade between foreign ports, the Commission shall take action that
it finds appropriate, including the imposition of any of the
penalties authorized under paragraphs (1), (2), and (3) of this
subsection.
(6) Before an order under this subsection becomes effective, it
shall be immediately submitted to the President who may, within 10
days after receiving it, disapprove the order if the President
finds that disapproval is required for reasons of the national
defense or the foreign policy of the United States.
(c) ASSESSMENT PROCEDURES. -- Until a matter is referred to the
Attorney General, the Commission may, after notice and an opportunity
for hearing, assess each civil penalty provided for in this Act. In
determining the amount of the penalty, the Commission shall take into
account the nature, circumstances, extent, and gravity of the violation
committed and, with respect to the violator, the degree of culpability,
history of prior offenses, ability to pay, and such other matters as
justice may require. The Commission may compromise, modify, or remit,
with or without conditions, any civil penalty.
(d) REVIEW OF CIVIL PENALTY. -- A person against whom a civil penalty
is assessed under this section may obtain review thereof under chapter
158 of title 28, United States Code. "28 USC 2341 et seq."
(e) FAILURE TO PAY ASSESSMENT. -- If a person fails to pay an
assessment of a civil penalty after it has become final or after the
appropriate court has entered final judgment in favor of the Commission,
the Attorney General at the request of the Commission may seek to
recover the amount assessed in an appropriate district court of the
United States. In such an action, the court shall enforce the
Commission's order unless it finds that the order was not regularly made
or duly issued.
(f) LIMITATIONS. --
(1) No penalty may be imposed on any person for conspiracy to
violate section 10 (a)(1), (b)(1), or (b)(4) of this Act, or to
defraud the Commission by concealment of such a violation.
(2) Each proceeding to assess a civil penalty under this
section shall be commenced within 5 years from the date the
violation occurred.
SEC. 14. "46 USC app. 1713" COMMISSION ORDERS.
(a) IN GENERAL. -- Orders of the Commission relating to a violation
of this Act or a regulation issued thereunder shall be made, upon sworn
complaint or on its own motion, only after opportunity for hearing.
Each order of the Commission shall continue in force for the period of
time specified in the order or until suspended, modified, or set aside
by the Commission or a court of competent jurisdiction.
(b) REVERSAL OR SUSPENSION OF ORDERS. -- The Commission may reverse,
suspend, or modify any order made by it, and upon application of any
party to a proceeding may grant a rehearing of the same or any matter
determined therein. No rehearing may, except by special order of the
Commission, operate as a stay of that order.
(c) ENFORCEMENT OF NONREPARATION ORDERS. -- In case of violation of
an order of the Commission, or for failure to comply with a Commission
subpena, the Attorney General, at the request of the Commission, or any
party injured by the violation, may seek enforcement by a United States
district court having jurisdiction over the parties. If, after hearing,
the court determines that the order was properly made and duly issued,
it shall enforce the order by an appropriate injunction or other
process, mandatory or otherwise.
(d) ENFORCEMENT OF REPARATION ORDERS. -- (a) In case of violation of
an order of the Commission for the payment of reparation, the person to
whom the award was made may seek enforcement of the order in a United
States district court having jurisdiction of the parties.
(2) In a United States district court the findings and order of the
Commission shall be prima facie evidence of the facts therein stated,
and the petitioner shall not be liable for costs, nor for the costs of
any subsequent stage of the proceedings, unless they accrue upon his
appeal. A petitioner in a United States district court who prevails
shall be allowed reasonable attorney's fees to be assessed and collected
as part of the costs of the suit.
(3) All parties in whose favor the Commission has made an award of
reparation by a single order may be joined as plaintiffs, and all other
parties in the order may be joined as defendants, in a single suit in a
district in which any one plaintiff could maintain a suit against any
one defendant. Service of process against a defendant not found in that
district may be made in a district in which is located any office of, or
point of call on a regular route operated by, that defendant. Judgment
may be entered in favor of any plaintiff against the defendant liable to
that plaintiff.
(e) STATUTE OF LIMITATIONS. -- An action seeking enforcement of a
Commission order must be filed within 3 years after the date of the
violation of the order.
SEC. 15. "46 USC app. 1714" REPORTS AND CERTIFICATES.
(a) REPORTS. -- The Commission may require any common carrier, or any
officer, receiver, trustee, lessee, agent, or employee thereof, to file
with it any periodical or special report or any account, record, rate,
or charge, or memorandum of any facts and transactions appertaining to
the business of that common carrier. The report, account, record, rate,
charge, or memorandum shall be made under oath whenever the Commission
so requires, and shall be furnished in the form and within the time
prescribed by the Commission. Conference minutes required to be filed
with the Commission under this section shall not be released to third
parties or published by the Commission.
(b) CERTIFICATION. -- The Commission shall require the chief
executive officer of each common carrier and, to the extent it deems
feasible, may require any shipper, shippers' association, marine
terminal operator, ocean freight forwarder, or broker to file a periodic
written certification made under oath with the Commission attesting to
--
(1) a policy prohibiting the payment, solicitation, or receipt
of any rebate that is unlawful under the provisions of this Act;
(2) the fact that this policy has been promulgated recently to
each owner, officer, employee, and agent thereof;
(3) the details of the efforts made within the company or
otherwise to prevent or correct illegal rebating; and
(4) a policy of full cooperation with the Commission in its
efforts to end those illegal practices.
Failure to file a certification shall result in a civil penalty of
not more than $5,000 for each day the violation continues.
SEC. 16. "46 USC app. 1715" EXEMPTIONS.
The Commission, upon application or on its own motion, may by order
or rule exempt for the future any class of agreements between persons
subject to this Act or any specified activity of those persons from any
requirements of this Act if it finds that the exemption will not
substantially impair effective regulation by the Commission, be unjustly
discriminatory, result in a substantial reduction in competition, or be
detrimental to commerce. The Commission may attach conditions to any
exemption and may, by order, revoke any exemption. No order or rule of
exemption or revocation of exemption may be issued unless opportunity
for hearing has been afforded interested persons and departments and
agencies of the United States.
SEC. 17. "46 USC app. 1716" REGULATIONS.
(a) The Commission may prescribe rules and regulations as necessary
to carry out this Act.
(b) The Commission may prescribe interim rules and regulations
necessary to carry out this Act. For this purpose, the Commission is
excepted from compliance with the notice and comment requirements of
section 553 of title 5, United States Code. All rules and regulations
prescribed under the authority of this subsection that are not earlier
superseded by final rules shall expire no later than 270 days after the
date of enactment of this Act.
SEC. 18. "46 USC app. 1717" AGENCY REPORTS AND ADVISORY COMMISSION.
(a) COLLECTION OF DATA. -- For a period of 5 years following the
enactment of this Act, the Commission shall collect and analyze
information concerning the impact of this Act upon the international
ocean shipping industry, including data on:
(1) increases or decreases in the level of tariffs;
(2) changes in the frequency or type of common carrier services
available to specific ports or geographic regions;
(3) the number and strength of independent carriers in various
trades; and
(4) the length of time, frequency, and cost of major types of
regulatory proceedings before the Commission.
(b) CONSULTATION WITH OTHER DEPARTMENTS AND AGENCIES. -- The
Commission shall consult with the Department of Transportation, the
Department of Justice, and the Federal Trade Commission annually
concerning data collection. The Department of Transportation, the
Department of Justice, and the Federal Trade Commission shall at all
times have access to the data collected under this section to enable
them to provide comments concerning data collection.
(c) AGENCY REPORTS. --
(1) Within 6 months after expiration of the 5-year period
specified in subsection (a), the Commission shall report the
information, with an analysis of the impact of this Act, to
Congress, to the Advisory Commission on Conferences in Ocean
Shipping established in subsection (d), and to the Department of
Transportation, the Department of Justice, and the Federal Trade
Commission.
(2) Within 60 days after the Commission submits its report, the
Department of Transportation, the Department of Justice, and the
Federal Trade Commission shall furnish an analysis of the impact
of this Act to Congress and to the Advisory Commission on
Conferences in Ocean Shipping.
(3) The reports required by this subsection shall specifically
address the following topics:
(A) the advisability of adopting a system of tariffs based on
volume and mass of shipment;
(B) the need for antitrust immunity for ports and marine
terminals; and
(C) the continuing need for the statutory requirement that
tariffs be filed with and enforced by the Commission.
(d) ESTABLISHMENT AND COMPOSITION OF ADVISORY COMMISSION. --
(1) Effective 5 1/2 years after the date of enactment of this
Act, there is established the Advisory Commission on Conferences
in Ocean Shipping (hereinafter referred to as the "Advisory
Commission").
(2) The Advisory Commission shall be composed of 17 members as
follows:
(A) a cabinet level official appointed by the President;
(B) 4 members from the United States Senate appointed by the
President pro tempore of the Senate, 2 from the membership of the
Committee on Commerce, Science, and Transportation and 2 from the
membership of the Committee on the Judiciary;
(C) 4 members from the United States House of Representatives
appointed by the Speaker of the House, 2 from the membership of
the Committee on Merchant Marine and Fisheries, and 2 from the
membership of the Committee on the Judiciary; and
(D) 8 members from the private sector appointed by the
President.
(3) The President shall designate the chairman of the Advisory
Commission.
(4) The term of office for members shall be for the term of the
Advisory Commission.
(5) A vacancy in the Advisory Commission shall not affect its
powers, and shall be filled in the same manner in which the
original appointment was made.
(6) Nine members of the Advisory Commission shall constitute a
quorum, but the Advisory Commission may permit as few as 2 members
to hold hearings.
(e) COMPENSATION OF MEMBERS OF THE ADVISORY COMMISSION. --
(1) Officials of the United States Government and Members of
Congress who are members of the Advisory Commission shall serve
without compensation in addition to that received for their
services as officials and Members, but they shall be reimbursed
for reasonable travel, subsistence, and other necessary expenses
incurred by them in the performance of the duties vested in the
Advisory Commission.
(2) Members of the Advisory Commission appointed from the
private sector shall each receive compensation not exceeding the
maximum per diem rate of pay for grade 18 of the General Schedule
under section 5332 of title 5, United States Code, when engaged in
the performance of the duties vested in the Advisory Commission,
plus reimbursement for reasonable travel, subsistence, and other
necessary expenses incurred by them in the performance of those
duties, notwithstanding the limitations in sections 5701 through
5733 of title 5, United States Code.
(3) Members of the Advisory Commission appointed from the
private sector are not subject to section 208 of title 18, United
States Code. Before commencing service, these members shall file
with the Advisory Commission a statement disclosing their
financial interests and business and former relationships
involving or relating to ocean transportation. These statements
shall be available for public inspection at the Advisory
Commission's offices.
(f) ADVISORY COMMISSION FUNCTIONS. -- The Advisory Commission shall
conduct a comprehensive study of, and make recommendations concerning,
conferences in ocean shipping. The study shall specifically address
whether the Nation would be best served by prohibiting conferences, or
by closed or open conferences.
(g) POWERS OF THE ADVISORY COMMISSION. --
(1) The Advisory Commission may, for the purpose of carrying
out its functions, hold such hearings and sit and act at such
times and places, administer such oaths, and require, by subpena
or otherwise, the attendance and testimony of such witnesses, and
the production of such books, records, correspondence,
memorandums, papers, and documents as the Advisory Commission may
deem advisable. Subpenas may be issued to any person within the
jurisdiction of the United States courts, under the signature of
the chairman, or any duly designated member, and may be served by
any person designated by the chairman, or that member. In case of
contumacy by, or refusal to obey a subpena to, any person, the
Advisory Commission may advise the Attorney General who shall
invoke the aid of any court of the United States within the
jurisdiction of which the Advisory Commission's proceedings are
carried on, or where that person resides or carries on business,
in requiring the attendance and testimony of witnesses and the
production of books, papers, and documents; and the court may
issue an order requiring that person to appear before the Advisory
Commission, there to produce records, if so ordered, or to give
testimony. A failure to obey such an order of the court may be
punished by the court as a contempt thereof. All process in any
such case may be served in the judicial district whereof the
person is an inhabitant or may be found.
(2) Each department, agency, and instrumentality of the
executive branch of the Government, including independent
agencies, shall furnish to the Advisory Commission, upon request
made by the chairman, such information as the Advisory Commission
deems necessary to carry out its functions.
(3) Upon request of the chairman, the Department of Justice,
the Department of Transportation, the Federal Maritime Commission,
and the Federal Trade Commission shall detail staff personnel as
necessary to assist the Advisory Commission.
(4) The chairman may rent office space for the Advisory
Commission, may utilize the services and facilities of other
Federal agencies with or without reimbursement, may accept
voluntary services notwithstanding section 1342 of title 31,
United States Code, "96 Stat. 923" may accept, hold, and
administer gifts from other Federal agencies, and may enter into
contracts with any public or private person or entity for reports,
research, or surveys in furtherance of the work of the Advisory
Commission.
(h) FINAL REPORT. -- The Commission shall, within 1 year after its
establishment, submit to the President and to the Congress a final
report containing a statement of the findings and conclusions of the
Advisory Commission resulting from the study undertaken under subsection
(f), including recommendations for such administrative, judicial, and
legislative action as it deems advisable. Each recommendation made by
the Advisory Commission to the President and to the Congress must have
the majority vote of the Advisory Commission present and voting.
(i) EXPIRATION OF THE COMMISSION. -- The Advisory Commission shall
cease to exist 30 days after the submission of its final report.
(j) AUTHORIZATION OF APPROPRIATION. -- There is authorized to be
appropriated $500,000 to carry out the activities of the Advisory
Commission.
SEC. 19. "46 USC app. 1718" OCEAN FREIGHT FORWARDERS.
(a) LICENSE. -- No person may act as an ocean freight forwarder
unless that person holds a license issued by the Commission. The
Commission shall issue a forwarder's license to any person that --
(1) the Commission determines to be qualified by experience and
character to render forwarding services; and
(2) furnishes a bond in a form and amount determined by the
Commission to insure financial responsibility that is issued by a
surety company found acceptable by the Secretary of the Treasury.
(b) SUSPENSION OR REVOCATION. -- The Commission shall, after notice
and hearing, suspend or revoke a license if it finds that the ocean
freight forwarder is not qualified to render forwarding services or that
it willfully failed to comply with a provision of this Act or with a
lawful order, rule, or regulation of the Commission. The Commission may
also revoke a forwarder's license for failure to maintain a bond in
accordance with subsection (a)(2).
(c) EXCEPTION. -- A person whose primary business is the sale of
merchandise may forward shipments of the merchandise for its own account
without a license.
(d) COMPENSATION OF FORWARDERS BY CARRIERS. --
(1) A common carrier may compensate an ocean freight forwarder
in connection with a shipment dispatched on behalf of others only
when the ocean freight forwarder has certified in writing that it
holds a valid license and has performed the following services:
(A) Engaged, booked, secured, reserved, or contracted directly
with the carrier or its agent for space aboard a vessel or
confirmed the availability of that space.
(B) Prepared and processed the ocean bill of lading, dock
receipt, or other similar document with respect to the shipment.
(2) No common carrier may pay compensation for services
described in paragraph (1) more than once on the same shipment.
(3) No compensation may be paid to an ocean freight forwarder
except in accordance with the tariff requirements of this Act.
(4) No ocean freight forwarder may receive compensation from a
common carrier with respect to a shipment in which the forwarder
has a direct or indirect beneficial interest nor shall a common
carrier knowingly pay compensation on that shipment.
SEC. 20. REPEALS AND CONFORMING AMENDMENTS.
(a) REPEALS. -- The laws specified in the following table are
repealed:
(b) CONFORMING AMENDMENTS. -- The Shipping Act, 1916 (46 App. U.S.C.
801 et seq.), is amended as follows:
(1) in section 1 "46 USC app. 801" by striking the definitions
"controlled carrier" and "independent ocean freight forwarder";
(2) in sections 14, 15, 16, 20, 21(a), 22, and 45 "46 USC app.
812, 814, 815, 819, 820, 821, 841c" by striking "common carrier by
water" wherever it appears in those sections and substituting
"common carrier by water in interstate commerce";
(3) in section 14, first paragraph, by striking "or a port of a
foreign country";
(4) in section 14, last paragraph, by striking all after the
words "for each offense" and substituting a period;
(5) in section 15, fourth paragraph, by striking "(including
changes in special rates and charges covered by section 14b of
this Act which do not involve a change in the spread between such
rates and charges and the rates and charges applicable to
noncontract shippers)" and also "with the publication and filing
requirements of section 18(b) hereof and";
(6) in section 15, sixth paragraph, by striking ", or permitted
under section 14b," and in the seventh paragraph, by striking "or
of section 14b";
(7) in section 16, in the paragraph designated "First", by
striking all after "disadvantage in any respect" and substituting
"whatsoever.";
(8) in section 17 "46 USC app. 816" by striking the first
paragraph, and in the second paragraph, by striking "such carrier
and every";
(9) in section 21(b) by striking "The Commission shall require
the chief executive officer of every vessel operating common
carrier by water in foreign commerce and to the extent it deems
feasible, may require any shipper, consignor, consignee,
forwarder, broker, other carrier or other person subject to this
Act," and substituting "The Commission may, to the extent it deems
feasible, require any shipper, consignor, consignee, forwarder,
broker, or other person subject to this Act.";
(10) in section 22 by striking subsection (c);
(11) in section 25, "46 USC app. 824" at the end of the first
sentence, by adding "under this Act";
(12) in section 29 "46 USC app. 828" by striking "any order of
the board, the board," and substituting "any order of the Federal
Maritime Commission under this Act, the Commission,";
(13) in sections 30 and 31, "46 USC app. 829, 830" after the
words "any order of the board", by adding "under this Act,";
(14) in section 32(a) "46 USC app. 831" by striking "and
section 44"; and
(15) in section 32(c), after the words "or functions,", by
adding "under this Act,".
(c) TECHNICAL AMENDMENTS. -- Section 212 of the Merchant Marine Act,
1936 (46 App. U.S.C. 1122) is amended by --
(1) striking after subsection (d) the following undesignated
paragraph:
"The Federal Maritime Commission is authorized and directed -- ";
and
(2) striking after subsection (e) the following undesignated
paragraph:
"The Secretary of Transportation is authorized and directed -- ".
(d) EFFECTS ON CERTAIN AGREEMENTS AND CONTRACTS. -- "46 USC app.
1719" All agreements, contracts, modifications, and exemptions
previously approved or licenses previously issued by the Commission
shall continue in force and effect as if approved or issued under this
Act; and all new agreements, contracts, and modifications to existing,
pending, or new contracts or agreements shall be considered under this
Act.
(e) SAVINGS PROVISIONS. -- "46 USC app. 1719"
(1) Each service contract entered into by a shipper and an
ocean common carrier or conference before the date of enactment of
this Act may remain in full force and effect and need not comply
with the requirements of section 8(c) of this Act until 15 months
after the date of enactment of this Act.
(2) This Act and the amendments made by it shall not affect any
suit --
(A) filed before the date of enactment of this Act; or
(B) with respect to claims arising out of conduct engaged in
before the date of enactment of this Act, filed within 1 year
after the date of enactment of this Act.
SEC. 21. "46 USC app. 1701 note" EFFECTIVE DATE.
This Act shall become effective 90 days after the date of its
enactment, except that sections 17 and 18 shall become effective upon
enactment.
SEC. 22. "46 USC app. 1720" COMPLIANCE WITH BUDGET ACT.
Any new spending authority (within the meaning of section 401 of the
Congressional Budget and Impoundment Control Act of 1974) "2 USC 651"
which is provided under this Act shall be effective for any fiscal year
only to the extent or in such amounts as provided in advance in
appropriations Acts. Any provision of this Act that authorizes the
enactment of new budget authority shall be effective only for fiscal
years beginning after September 30, 1984.
Approved March 20, 1984.
LEGISLATIVE HISTORY -- S. 47 (S. 504) (H.R. 1878):
HOUSE REPORTS: No.98-53, Pt. 1 (Comm. on Merchant Marine and
Fisheries) and Pt. 2 (Comm. on the Judiciary) both accompanying H.R.
1878 and No. 98-600 (Comm. of Conference).
SENATE REPORT No. 98-3 accompanying S. 504 (Comm. on Commerce,
Science, and Transportation).
CONGRESSIONAL RECORD: Vol. 129 (1983): Feb. 22-24, 28, Mar. 1,
considered and passed Senate. Oct. 17, H.R. 1878 considered and passed
House; S. 47, amended, passed in lieu. Vol. 130 (1984): Feb. 23,
Senate agreed to conference report. Mar. 6, House agreed to conference
report.