PUBLIC LAW 97-97, 95 STAT, 1212
Building and Courthouse in
Lincoln, Nebraska, as the " Robert V. Denney
Federal Building and Courthouse".
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the building
located at 100 Centennial Mall, Lincoln, Nebraska, known as the Lincoln
Federal Building and Courthouse, shall hereafter be known and designated
as the " Robert V. Denney Federal Building and Courthouse". Any
reference in a law, map, regulation, document, record, or other paper of
the United States to that building shall be deemed to be a reference to
the " Robert V. Denney Federal Building and Courthouse".
Approved December 21, 1981.
LEGISLATIVE HISTORY- H.R. 4845 (S. 1837):
HOUSE REPORT No. 97 - 325 (Comm. on Public Works and Transportation).
SENATE REPORT No. 97 - 289 accompanying S. 1837 (Comm. on Environment
and Public Works).
CONGRESSIONAL RECORD, Vol. 127 (1981):
Nov. 16, considered and passed House.
Dec. 11, considered and passed Senate, in lieu of S. 1837.
PUBLIC LAW 97-96, 95 Stat, 1207, NATIONAL AERONAUTICS AND SPACE
ADMINISTRATION AUTHORIZATION ACT, 1982.
and Space Administration
for research and development, construction of
facilities, and research and program
management, and for other purposes.
Be it enacted by the Senate of House of Representatives of the United
States of America in Congress assembled, That there is hereby authorized
to be appropriated to the National Aeronautics and Space Administration
to become available October 1, 1981:
(a) For " Research and development", for the following programs:
(1) Space Shuttle, $2,189,000,000;
(2) Space flight operations, $907,900,000;
(3) Expendable launch vehicles, $31,200,000;
(4) Physics and astronomy, $333,400,000;
(5) Planetary exploration, $215,300,000;
(6) Life sciences, $43,500,000;
(7) Space applications, $398,600,000;
(8) Technology utilization, $12,600,000;
(9) Aeronautical research and technology, $284,800,000;
(10) Space research and technology, $129,300,000; and
(11) Tracking and data acquisition, $408,180,000.
(b) For " Construction of facilities", including land acquisition, as
follows:
(1) Modification of 12-foot pressure wind tunnel, Ames Research
Center, $18,500,000;
(2) Modifications to space flight operations facility, Jet
Propulsion Laboratory, $9,300,000;
(3) Rehabilitation of utility control system, various
buildings, Lyndon B. Johnson Space Center, $680,000;
(4) Construction of waste material incinerator, John F.
Kennedy Space Center, $895,000;
(5) Repair of operations and checkout building roof, John F.
Kennedy Space Center, $825,000;
(6) Modifications for enhanced 20-inch supersonic wind tunnel,
Langley Research Center, $2,950,000;
(7) Modifications for high pressure turbine corrosion and
thermal fatigue testing, Lewis Research Center, $1,200,000;
(8) Modification and relocation of 26-meter antenna, STDN,
Goldstone, California, $4,700,000;
(9) Relocation of DSS-44 antenna to Tidbinbilla, Australia,
$2,200,000;
(10) Space Shuttle facilities at various locations as follows:
Center,
$12,400,000;
Space
Center, $3,100,000;
Facility,
$2,785,000;
operations,
Lyndon B. Johnson Space Center, $650,000;
(11) Repair of facilities at various locations, not in excess
of $500,000 per project, $12,800,000;
(12) Rehabilitation and modification of facilities at various
locations, not in excess of $500,000 per project, $17,700,000;
(13) Minor construction of new facilities and additions to
existing facilities at various locations, not in excess of
$250,000 per project, $2,320,000; and
(14) Facility planning and design not otherwise provided for,
$10,000,000.
(c) For " Research and program management", $1,114,300,000 and such
additional or supplemental amounts as may be necessary for increases in
salary, pay, retirement, or other employee benefits authorized by law.
(d) Notwithstanding the provisions of subsection 1(g), appropriations
hereby authorized for " Research and development" 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" 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 $250,000, unless the Administrator or his 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.
(e) When so specified and to the extent provided in an appropriation
Act, (1) any amount appropriated for " Research and development" 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 12 months
beginning at any time during the fiscal year.
(f) Appropriations made pursuant to subsection 1(c) may be used, but
not to exceed $25,000, for scientific consultations or extraordinary
expenses upon the approval or authority of the Administrator and his
determination shall be final and conclusive upon the accounting officers
of the Government.
(g) Of the funds appropriated pursuant to subsections 1(a) and 1(c),
not in excess of $75,000 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 1(a), not in excess of $250,000 for each project, including
collateral equipment, may be used for any of the foregoing for unforseen
programmatic needs.
Sec. 2. Authorization is hereby granted whereby any of the amounts
prescribed in paragraphs (1) through (13), inclusive, of subsection 1(
b)--,
(1) in the discretion of the Administrator or his designee, may
be varied upward 10 percent, or
(2) following a report by the Administrator or his 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 percent,
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. 3. Not to exceed one-half of 1 percent of the funds
appropriated pursuant to subsection 1(a) hereof may be transferred to
the " Construction of facilities" appropriation, and, when so
transferred, together with $10,000,000 of the funds appropriated
pursuant to subsection 1(b) hereof (other than funds appropriated
pursuant to paragraph (14) of such subsection) shall be available for
expenditure to construct, expand, or modify laboratories and other
installations at any location (including locations specified in
subsection 1(b)), 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)
he 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) a period of 30 days has passed after the Administrator or his
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 (i) the nature of
such construction, expansion, or modification, (ii) the cost thereof
including the cost of any real estate action pertaining thereto, and
(iii) the reason why such construction, expansion, or modification is
necessary in the national interest, or (B) each such committee before
the expiration of such period has transmitted to the Administrator
written notice to the effect that such committee has no objection to the
proposed action.
Sec. 4. 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 subsections 1(a) and 1(c), and
(3) no amount appropriated pursuant to this Act may be used for
any program which has not been presented to or requested of either
such committee,
unless (A) a period of 30 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 his
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, or (B) each such committee before the expiration
of such period has transmitted to the Administrator written notice to
the effect that such committee has no objection to the proposed action.
Sec. 5. // 42 USC 2459 // 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.
Sec. 6. Section 7 of title 18, United States Code, is amended by
inserting at the end thereof the following new paragraph:
"(6) Any vehicle used or designed for flight or navigation in
space and on the registry of the United States pursuant to the
Treaty on Principles Governing the Activities of States in the
Exploration and Use of Outer Space, Including the Moon and Other
Celestial Bodies and the Convention on Registration of Objects
Launched into Outer Space, while that vehicle is in flight, which
is from the moment when all external doors are closed on Earth
following embarkation until the moment when one such door is
opened on Earth for disembarkation or in the case of a forced
landing, until the competent authorities take over the
responsibility for the vehicle and for persons and property
aboard.".
Sec. 7. The National Aeronautics and Space Act of 1958, // 42 USC
2451 // as amended, is amended by inserting at the end of section 305,
// 42 USC 2457. // the following new subsections:
"(k) Any object intended for launch, launched, or assembled in outer
space shall be considered a vehicle for the purpose of section 272 of
title 35, United States Code.
"(1) The use or manufacture of any patented invention incorporated in
a space vehicle launched by the United States Government for a person
other than the United States shall not be considered to be a use or
manufacture by or for the United States within the meaning of section
1498(a) of title 28, United States Code, unless the Administration gives
an express authorization or consent for such use or manufacture.".
Sec. 8. Section 6 of the National Aeronautics and Space
Administration Authorization Act, 1970, as amended (42 U.S.C. 2462), is
repealed.
Sec. 9. Appropriations hereby authorized for space transportation
system upper stages in section 1(a)(2) shall not be used to initiate
sole--, source procurement of a new upper stage until NASA in
cooperation with other agencies has reviewed alternative systems and
assessed competitive procurement of a new upper stage to satisfy
national requirements, and until 30 days after reporting its findings to
the authorizing committees of the House of Representatives and the
Senate.
Sec. 10. This Act may be cited as the " National Aeronautics and
Space Administration Authorization Act, 1982".
Approved December 21, 1981.
LEGISLATIVE HISTORY- S. 1098 (H.R. 1257):
HOUSE REPORTS: No. 97 - 32 accompanying H.R. 1257 (Comm. on Science
and Technology) and No. 97 - 351 (Comm. of Conference).
SENATE REPORT No. 97 - 100 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD, Vol. 127 (1981):
May 21, considered and passed Senate.
June 23, H.R. 1257 considered and passed House; proceedings
vacated and S. 1098, amended, passed in lieu.
Nov. 23, Senate agreed to conference report.
Dec. 8, House agreed to conference report.
PUBLIC LAW 97-95, 95 STAT, 1206
distribution of funds appropriated
to pay a judgment awarded to the San Carlos Tribe of
Arizona.
Whereas, pursuant to Public Law 93 - 134 (Act of October 19, 1973, 87
Stat. 466; 25 U.S.C. 1401), the Secretary of the Interior or his
designee submitted a plan on October 7, 1981, for the use or
distribution of funds appropriated to pay a judgment awarded to the San
Carlos Apache Indian Tribe of Arizona;
Whereas, such plan has not been disapproved by congressional action;
Whereas, such plan has lain before the Senate for the requisite
period of sixty legislative days as provided by Public Law 93 - 134 but
sixty legislative days in the House of Representatives will not expire
until December 18, 1981, after the Congress has adjourned; and
Whereas, it is the purpose of this resolution to validate the
effectiveness of the plan which was submitted to the Congress pursuant
to Public Law 93 - 134.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the plan for the use or
distribution of funds awarded the San Carlos Apache Tribe of Indians in
Docket No. 22-H before the United States Court of Claims is hereby
declared to be valid and effective as of the date of enactment of this
resolution and such plan is declared to have been validly submitted and
is exempted from any further review.
Approved December 17, 1981.
LEGISLATIVE HISTORY- S.J. Res. 136:
CONGRESSIONAL RECORD, Vol. 127 (1981):
Dec. 15, considered and passed Senate
Dec. 16, considered and passed House.
PUBLIC LAW 97-94, 95 STAT, 1205
to provide for uniform
treatment of certain receipts under such laws, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 6 of the
Act of August 7, 1947 (61 Stat. 915; 30 U.S.C. 355), is amended by
adding the following at the end thereof: " Notwithstanding the
preceding provisions of this section, all receipts derived from leases
on lands acquired for military or naval purposes, except the naval
petroleum reserves and national oil shale reserves, shall be paid into
the Treasury of the United States and disposed of in the same manner as
provided under section 35 of the Act of February 25, 1920 (41 Stat.
450; 30 U.S.C. 191), in the case of receipts from sales, bonuses,
royalties, and rentals of the public lands under that Act.
Sec. 2. The amendment made by the first section of this Act // 30
USC 355 // shall take effect with respect to leases entered into after
January 1, 1981.
Approved December 17, 1981.
LEGISLATIVE HISTORY-H.R. 4591 (S. 859):
HOUSE REPORT No. 97 - 296 (Comm. on Armed Services).
SENATE REPORT No. 97 - 162 accompanying S. 859 (Comm. on Energy and
Natural Resources).
CONGRESSIONAL RECORD, Vol. 127 (1981):
Nov. 4, considered and passed House.
Dec. 1, considered and passed Senate.
PUBLIC LAW 97-93, 95 STAT, 1204
of law pursuant to the
Alaska Natural Gas Transportation Act of 1976.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the House of
Representatives and Senate approve the waiver of the provision of law
(Public Law 95 - 158, // 15 USC 719f // Public Law numbered 688, // 15
USC 717 // Seventy-fifth Congress, second session, and Public Law 94 -
163) // 42 USC 6201 // as proposed by the President, submitted to the
Congress on October 15, 1981.
Approved December 15, 1981.
LEGISLATIVE HISTORY- S.J. Res. 115 (H.J. Res. 341):
HOUSE REPORTS: No. 97 - 350, pt. 1 (Comm. on Interior and Insular
Affairs) and No. 97 - 350, pt. 2 (Comm. on Energy and Commerce)
accompanying H.J. Res. 341.
SENATE REPORT No. 97 - 272 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 127 (1981):
Nov. 19, considered and passed Senate.
Dec. 8, 9, H.J. Res. 341 considered and passed House.
Dec. 10, considered and passed House.
PUBLIC LAW 97-92, 95 STAT, 1183
year 1982, and for other
purposes.
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, and out of applicable corporate or other revenues,
receipts, and funds, for the several departments, agencies,
corporations, and other organizational units of the Government for the
fiscal year 1982, and for other purposes, namely:
Sec. 101. (a)(1) Such amounts as may be necessary for projects or
activities (not otherwise specifically provided for in this joint
resolution) for which appropriations, funds, or other authority would be
available in the following appropriations Acts:
Department of Defense Appropriation Act, 1982;
Military Construction Appropriation Act, 1982;
Departments of Labor, Health and Human Services, and Education,
and Related Agencies Appropriation Act, 1982; and
Treasury, Postal Service and General Government Appropriation
Act, 1982.
(2) Appropriations made by this subsection shall be available to the
extent and in the manner which would be provided by the pertinent
appropriation Act.
(3) Whenever the amount which would be made available or the
authority which would be granted under an Act listed in this subsection
as passed the House as of December 15, 1981, is different from that
which would be available or granted under such Act as passed by the
Senate as of December 15, 1981, the pertinent project or activity shall
be continued under the lesser amount or the more restrictive authority:
Provided, That where an item is included in only one version of an Act
as passed by both Houses as of December 15, 1981, the pertinent project
or activity shall be continued under the appropriation, fund, or
authority granted by the one House, but at a rate for operations of the
current rate or the rate permitted by the action of the one House,
whichever is lower, and under the authority and conditions provided in
applicable appropriation Acts for the fiscal year 1981: Provided
further, That for the purposes of this joint resolution, when an Act
listed in this subsection has been reported to a House but not passed by
that House as of December 15, 1981, it shall be deemed as having been
passed by that House: Provided further, That, in addition to the sums
otherwise made available by this paragraph the following additional sums
are hereby appropriated: for low income home energy assistance program,
$175,000,000; for the foster care program authorized by title IV of the
Social Security Act, // 42 USC 601. // $75,000,000: Provided further,
That the provisions contained in the Departments of Labor, Health and
Human Services, and Education, and Related Agencies Appropriation Act
for fiscal year 1982 (H.R. 4560), as reported by the Senate Committee on
Appropriations on November 9, 1981, related to a limitation on
entitlement to payments under parts A and E of title IV of the Social
Security Act // 42 USC 601, 670. // and transfer of funds under parts B
and E of such title // 42 USC 620, 670. // (contained in H.R. 4560 as
so reported beginning with "provided" on page 39, line 17, and ending on
page 40, line 8) shall not be applicable with respect to any sums
appropriated pursuant to this joint resolution; for the family medicine
residency training programs authorized by section 786 of the Public
Health Service Act, // 42 USC 295g-6. // $10,000,000; for the
Community Services Block Grant, $62,552,000; and for the State Block
Grant authorized by chapter 2 of the Education Consolidation and
Improvement Act of 1981, $140,000,000; and for the Office of Smoking
and Health, as authorized by section 301 of the Public Health Service
Act, // 42 USC 241. // $1,500,000: Provided further, That the college
housing loan program shall operate under the terms and conditions as
contained in H.R. 4560 as passed the House October 6, 1981, except that
the gross commitments for the principal amount of direct loans shall not
exceed $75,000,000: Provided further, That notwithstanding the rate
otherwise established by this subsection, and notwithstanding section
143 of this joint resolution, for the Department of Labor Grants to
States for Unemployment Insurance and Employment Services account,
$19,272,000 in new budget authority is appropriated, and no more than
$1,913,384,000 may be expended from the Employment Security
Administration account in the Unemployment Trust Fund: Provided
further, That no funds provided by this joint resolution shall be used
for administrative or other expenses in connection with the closure of
any State unemployment office, except in such cases as may be determined
by the respective State agency to render its services more efficient:
Provided further, That notwithstanding the rate otherwise established by
this subsection, for carrying out, except as otherwise provided, titles
XI, XVIII, and XIX of the Social Security Act, // 42 USC 1301, 1395,
1396. // and sections 1526 and 1533(d) of the Public Health Service
Act, // 42 USC 300m-5, 300n-2. // $78,535,000, with not to exceed
$872,000,000, to be transferred to this appropriation as authorized by
section 201(g)(1) of the Social Security Act, // 42 USC 401. // from
the Federal Hospital Insurance and the Federal Supplementary Medical
Insurance Trust Funds referred to therein, but not subject to the
reduction contained in section 143 of this joint resolution; none of
these funds shall be used to pay the expenses of Statewide Professional
Standards Review Councils; $20,000,000 of the foregoing amount shall be
apportioned for use pursuant to section 3679 of the Revised Statues (31
U.S.C. 665), only to the extent necessary and to meet mandatory
increases in costs of agencies or organizations with which agreements
have been made to participate in the administration of title XVIII, and
after maximum absorption of such costs within the remainder of the
existing limitation has been achieved: Provided further, That
notwithstanding the rate otherwise established by this subsection, for
necessary expenses for the Social Security Administration, not more than
$3,017,000,000 may be expended as authorized by section 201(g)(1), of
the Social Security Act, from any one or all of the trust funds referred
to therein, but not subject to the reduction contained in section 143 of
this joint resolution; $70,000,000 of the foregoing amount shall be
apportioned for use pursuant to section 3679 of the Revised Statutes (31
U.S.C. 665), only to the extent necessary for additional automatic data
processing expenses, to process other workloads not anticipated in the
budget estimates, and to meet mandatory increases in costs of agencies
or organizations with which agreements have been made to participate in
the administration of titles XVI and XVIII and section 221 of the Social
Security Act, // 42 USC 1381, 1395, 421. // and after maximum
absorption of such costs within the remainder of the existing limitation
has been achieved: Provided further, That funds which would be
available under H.R. 4121, entitled the Treasury, Postal Service and
General Government Appropriation Act, 1982, for the Government payment
of annuitants and employees health benefits, shall be available under
the authority and conditions set forth in H.R. 4121 as reported to the
Senate on September 22, 1981: Provided further, That for the purposes
of this joint resolution, the Senate reported level of H.R. 4121,
entitled the Treasury, Postal Service, and General Government
Appropriation Act, 1982, shall be the level reported by the Senate on
September 22, 1981 (S. Rept. No. 97 - 192), as modified on November 17,
1981.
(4) Whenever an Act listed in this subsection has been passed by only
one House as of December 15, 1981, the pertinent project or activity
shall be continued under the appropriation, fund, or authority granted
by the one House, but at a rate for operations of the current rate or
the rate permitted by the action of the one House, whichever is lower,
and under the authority and conditions provided in applicable
appropriation Acts for the fiscal year 1981.
(5) No provision which is included in an appropriation Act enumerated
in this subsection but which was not included in the applicable
appropriation Act of 1981, and which by its terms is applicable to more
than one appropriation, fund, or authority shall be applicable to any
appropriation, fund, or authority provided in the joint resolution
unless such provision shall have been included in identical form in such
bill as enacted by both the House and the Senate.
(6) In addition to any sums otherwise appropriated there is
appropriated an additional sum of $25,000,000 which shall be made
available for training, job search allowances, and relocation
allowances, under sections 236, 237, and 238 of the Trade Act of 1974.
// 19 USC 2296, 2297, 2298. //
(b) Such amounts as may be necessary for continuing programs and
activities, not otherwise provided for, which were conducted in the
fiscal year 1981, for which provision was made in and under the terms
and conditions of section 101(b) of Public Law 96 - 536 // 94 Stat.
3166. // regarding foreign assistance and related programs,
notwithstanding section 10 of Public Law 91 - 672, // 22 USC 2412. //
and section 15(a) of the State Department Basic // 22 USC 2412. //
Authorities Act of 1956, // 22 USC 2680. // at a rate for operations
not in excess of the current rate provided in fiscal year 1981 or the
rate provided for in the budget estimate, whichever is lower, and under
the more restrictive authority: Provided, That the limitation on gross
obligations for the principal amount of direct loans by the
Export-Import Bank shall be increased by $100,000,000, and the
limitation on total commitments to gurarantee loans by the Export-Import
Bank shall be increased by $2,220,000,000 of contingent liability for
loan principal: Provided further, That this section shall be deemed to
allow the continuation of the activities of the Department of State for
contributions to the United Nations Relief and Works Agency for
Palestinian Refugees at a rate of operations not in excess of the
current rate.
(c) Such amounts as may be necessary for projects or activities
provided for in the Department of Transportation and Related Agencies
Appropriation Act, 1982, at a rate for operations and to the extent and
in the manner provided for in the conference report and joint
explanatory statement of the committee of conference (H. Rept. No. 97 -
331) filed in the House of Representatives on November 13, 1981, as if
such Act had been enacted into law, except that appropriations made
available for the projects or activites provided for in the Department
of Transportation and Related Agencies Appropriation Act, 1982, in this
joint resolution are hereby reduced in the following amounts:
Office of the Secretary, salaries and expenses and transportation
planning, research, and development, $4,500,000;
Coast Guard, operating expenses, $48,400,000, of which $5,000,000
shall be deducted from the amounts made available for recreational
boating safety; acquisition, construction, and improvements,
$16,000,000; alteration of bridges, $4,000,000; research, development,
test, and evaluation, $4,000,000; offshore oil pollution compensation
fund, $3,000,000; and deepwater port liability fund, $3,000,000;
Federal Aviation Administration, operations, $125,000,000;
facilities engineering and development, $9,000,000; facilities and
equipment (Airport and Airway Trust Fund), $24,000,000; research,
engineering and development (Airport and Airway Trust Fund),
$16,000,000; and construction, Metropolitan Washington Airports,
$5,000,000;
Federal Highway Administration, highway safety research and
development, $2,000,000; highway beautification, $1,500,000;
territorial highways, $1,000,000; and interstate transfer
grants-highways, $37,000,000;
National Highway Traffic Safety Administration, operations and
research, $7,000,000;
Federal Railroad Administration, office of the administrator,
$500,000; railroad safety, $2,500,000; railroad research and
development, $9,000,000; rail service assistance, $4,000,000, of which
at least $2,000,000 shall be deducted from amounts made available for
the Minority Business Resource Center; Northeast corridor improvement
program, $6,000,000; and redeemable preference shares, $7,000,000;
Urban Mass Transportation Administration, administrative expenses,
$3,000,000; research, development, and demonstrations and university
research and training, $10,000,000; urban discretionary grants,
$29,500,000; non-urban formula grants, $4,000,000; urban formula
grants, $64,750,000; and interstate transfer grants-transit,
$22,000,000;
Research and Special Programs Administration, research and special
programs, $9,000,000, of which $2,500,000 shall be deducted from the
amounts made available for research and development and $750,000 shall
be deducted from amounts made available for grants-in-aid as authorized
by section 5 of the Natural Gas Pipeline Safety Act of 1968; // 49 USC
1674. //
Architectural and Transportation Barriers Compliance Board, salaries
and expenses, $100,000;
National Transportation Safety Board, salaries and expenses,
$2,000,000;
Civil Aeronautics Board, salaries and expenses, $1,500,000;
Interstate Commerce Commission, salaries and expenses, $4,000,000;
Department of the Treasury, Office of the Secretary, investment in
fund anticipation notes,($7,000,000); and
United States Railway Association, administrative expenses,
$4,000,000.
(d) Such amounts as may be necessary for projects or activities
provided for in the Department of Housing and Urban
Development-Independent Agencies Appropriation Act, 1982 (h.r. 4034), at
a rate for operations and to the extent and in the manner provided for
in the conference report and joint explanatory statement of the
committee of conference (H. Rept. No. 97 - 222) filed in the House of
Representatives on September 11, 1981, as if such Act had been enacted
into law, with the following new title:
" Sec. 501. Notwithstanding any other provision of this Act--,
"(1) The amount of the increase in contract authority under the
heading ' Housing Programs, annual contributions for assisted
housing', shall be $897,177,848, and the amount of the increase in
budget authority under such heading shall be $17,373,528,040.
"(2) The amount appropriated under the heading ' Housing
Programs, housing counseling assistance', shall be $3,520,000.
"(3) The amount appropriated under the heading ' Solar Energy
and Energy Conservation Bank, assistance for solar and
conservation improvements', shall be $23,000,000.
"(4) The amount appropriated under the heading ' Community
Planning and Development, community development grants', shall be
$3,600,000,000.
"(5) The amount appropriated under the heading ' Community
Planning and Development, urban development action grants', shall
be $458,000,000.
"(6) The amount appropriated under the heading ' Policy
Development and Research, research and technology', shall be
$20,000,000.
"(7) The amount appropriated under the heading ' Fair Housing
and Equal Opportunity, fair housing assistance', shall be
$5,016,000.
"(8) The amount appropriated under the heading ' Management and
Administration, working capital fund', shall be $528,000.
"(9) The amount appropriated under the heading ' Department of
Defense-Civil, Cemeterial Expenses, Army, salaries and expenses',
shall be $4,476,000.
"(10) The amount appropriated under the heading ' Environmental
Protection Agency, salaries and expenses', shall be $562,837,000.
"(11) The amount appropriated under the heading ' Environmental
Protection Agency, research and development', shall be
$167,759,000.
"(12) The amount appropriated under the heading ' Environmental
Protection Agency, abatement, control and compliance', shall be
$395,000,000.
"(13) The amount appropriated under the heading ' Environmental
Protection Agency, buildings and facilities', shall be $3,621,000.
"(14) The amount appropriated under the heading ' Executive
Office of the President, council on environmental quality and
office of environmental quality', shall be $919,000.
"(15) The amount appropriated under the heading ' Executive
Office of the President, office of science and technology policy',
shall be $1,578,000.
"(16) The amount appropriated under the heading ' Federal
Emergency Management Agency, funds appropriated to the president,
disaster relief', shall be $301,694,000.
"(17) The amount appropriated under the heading ' Federal
Emergency Management Agency, salaries and expenses', shall be
$93,879,000.
"(18) The amount appropriated under the heading ' Federal
Emergency Management Agency, state and local assistance', shall be
$121,829,000.
"(19) The amount appropriated under the heading ' Federal
Emergency Management Agency, emergency planning and assistance',
shall be $67,906,000.
"(20) There are appropriated, out of any money in the Treasury
not otherwise appropriated, for the repayment of notes dated April
17, 1979, and September 28, 1979, issued by the Director of the
Federal Emergency Management Agency to the Secretary of the
Treasury pursuant to section 15(e) of the Federal Flood Insurance
Act of 1956 (42 U.S.C. 2414(e)), $328,240,000.
"(21) The amount appropriated under the heading ' Department of
Health and Human Services, office of consumer affairs' , shall be
$1,760,000.
"(22) The amount appropriated under the heading ' National
Aeronautics and Space Administration, research and development',
for the Space Shuttle including space flight operations shall not
exceed $3,104,900,000: Provided, That the limitations subject to
the approval of the Committees on Appropriations contained under
this heading shall not be affected by this subsection.
"(23) The amount appropriated under the heading ' National
Science Foundation, research and related activities', shall be
$1,010,000,000.
"(24) The amount appropriated under the heading ' National
Science Foundation, science education activities', shall be
$22,000,000.
"(25) The amount appropriated under the heading ' National
Science Foundation, scientific activities overseas (special
foreign currency program)', shall be $3,080,000.
"(26) The amount appropriated under the heading ' Selective
Service System, salaries and expenses', shall be $18,633,000.
"(27) The amount appropriated under the heading ' Department of
the Treasury, office of revenue sharing, salaries and expenses',
shall be $6,148,000.
"(28) The amount appropriated under the heading ' Department of
the Treasury, new york city loan guarantee program', shall be
$822,000.
"(29) The amount appropriated under the heading ' Veterans
Administration, compensation and pensions', shall be
$13,824,000,000.
"(30) The amount appropriated under the heading ' Veterans
Administration, readjustment benefits', shall be $1,938,800,000.
"(31) The amount appropriated under the heading ' Veterans
Administration, medical and prosthetic research', shall be
$128,215,000.
"(32) The amount appropriated under the heading ' Veterans
Administration, medical administration and miscellaneous operating
expenses', shall be $57,700,000.
"(33) The amount appropriated under the heading ' Veterans
Administration, construction, major projects', shall be
$378,338,000.
"(34) The amount appropriated under the heading ' Veterans
Administration, construction, minor projects', shall be
$102,942,000, of which not to exceed $30,018,000 shall be
available for the Office of Construction.
"(35) The amount appropriated under the heading ' Veterans
Administration, grants for construction of state extended care
facilities', shall be $15,840,000.
"(36) The amount appropriated under the heading ' Department of
the Treasury, investment in national consumer cooperative bank',
shall be $43,000,000: Provided, That the final Government equity
redemption date for the National Consumer Cooperative Bank shall
occur on December 31, 1981.
"(37) During fiscal year 1982, gross obligations of not to
exceed $75,960,000 are authorized for payments under section 230(
a) of the National Housing Act,
// 12 U.S.C. 1751u. //
as amended, from the insurance fund chargeable for benefits on the
mortgage covering the property to which the payments made relate,
and payments in connection
with such obligations are hereby approved.
"(38) The amount appropriated under the heading ' Housing
Programs, payments for operation of low-income housing
projects-fiscal year 1981', shall remain available until September
30, 1982: Provided, That any part of the foregoing amount which
had not been obligated before the forty-fifth calendar day
following the enactment of this joint resolution, shall be deemed
obligated notwithstanding the provisions of 31 U. S.C. 200(a).
"(39) The Congress also disapproves the deferral under the
heading ' Veterans' Administration, (disapproval of deferral)', of
the Washington, District of Columbia, and Long Beach, California,
projects as contained in deferral notice D82-140.
"(40) Notwithstanding any other provision of this Act,
including any other provision of this title, any agency may before
December 31, 1981, transfer to salaries and expenses from other
sources made available to it by this Act, such amounts as may be
required if the aggregate amount available for salaries and
expenses, after such transfer, does not exceed the amount
contained for such purposes in this Act before the application of
the changes contained in title V: Provided, That such transfers
shall be subject to the approval of the Committees on
Appropriations: Provided further, That in the Department of
Housing and Urban Development not to exceed (1) $34,000,000 shall
be available for data processing services, (2) 12 full-time
permanent positions and 16 staff years shall be available for the
Immediate Office of the Assistant Secretary for Administration,
and (3) 26 full-time permanent positions and 27 staff years shall
be available for the Office of the Assistant Secretary for
Legislation and Congressional Relations: Provided further, That
in the National Aeronautics and Space Administration not to exceed
(1) 150 full-time permanent positions shall be available for the
Office of the Comptroller, and (2) 120 full-time permanent
positions shall be available for the Office of External Relations:
Provided further, That in the Veterans' Administration not to
exceed (1) $1,500,000 shall be available for the Office of
Planning and Program Evaluation, and (2) 649 staff years shall be
available for the Supply Service.".
(e) Such amounts as may be necessary for projects or activities
provided for in the Department of the Interior and Related Agencies
Appropriation Act, 1982, at a rate for operations and to the extent and
in the manner provided for in the conference report and joint
explanatory statement of the committee of conference (H. Rept. No. 97 -
315) as approved by the House of Representatives on November 12,1981, as
if such Act had been enacted into law.
(f) Such amounts as may be necessary for projects or activities
provided for in the Agriculture, Rural Development, and Related Agencies
Appropriation Act, 1982, at a rate for operations and to the extent and
in the manner provided for in the conference report and joint
explanatory statement of the committee of conference (H. Rept. No. 97 -
313) filed in the House of Representatives on November 4, 1981, as if
such Act had been enacted into law.
(g) The provisions of section 305 (a), (b), and (d) of H.R. 4120, //
5 USC 5318 // entitled the Legislative Branch Appropriation Act, 1982,
shall apply to any appropriation, fund, or authority made available for
the period October 1, 1981, through September 30, 1982, by this or any
other Act.
(h) Notwithstanding section 15(a) of the State Department Basic
Authorities Act of 1956 // 22 USC 2680. // and section 701 of the
United States Information and Educational Exchange Act of 1948, // 22
USC 1476. // as amended, such amounts as may be necessary for projects
or activities provided for in the Departments of Commerce, Justice, and
State, the Judiciary and Related Agencies Appropriation Act, 1982, at
the rate provided in H.R. 4169 as passed the House of Representatives on
September 9, 1981, and under the authority and conditions provided in
the applicable appropriation Act for fiscal year 1981, except that for
the following items funding shall be at the rate specified herein:
Bureau of the Census: " Salaries and Expenses", $57,200,000; "
Periodic Censuses and Programs", $87,898,000;
Economic Development Administration, " Economic Development
Assistance Programs", $198,500,000;
International Trade Administration, " Operations and Administration",
$151,700,000: Provided, That during fiscal year 1982 and within the
resources and authority available, gross obligations for the principal
amount of direct loans shall not exceed $20,000,000. During fiscal year
1982, total commitments to guarantee loans shall not exceed $38,250,000
of contingent liability for loan principal;
United States Travel and Tourism Administration, " Salaries and
Expenses", $7,600,000;
National Oceanic and Atmospheric Administration: " Operations,
Research and Facilities", $830,455,000, of which $10,000,000 is to be
derived by transfer from the fund entitled " Promote and develop fishery
products and research pertaining to American fisheries"; " Coastal Zone
Management", $7,415,000; " Fisheries Loan Fund", $0; " Foreign Fishing
Observer Fund", $4,000,000; " Fishermen's Guaranty Fund", $1,800,000;
Science and Technical Research: " Scientific and Technical Research
and Services", $125,528,000, of which $2,042,000 shall be available for
necessary expenses to enable the Department of Commerce to enter into an
agreement with the Smithsonian Institution to close out the Smithsonian
Science Information Exchange (SSIE), to transfer the assets of the SSIE
to the Department of Commerce, and to pay the outstanding net
liabilities of SSIE, including severance pay to SSIE Mployees;
National Telecommunications and Information Administration: "
Salaries and Expenses", $16,483,000; " Public Telecommunications
Facilities, Planning and Construction", $18,000,000;
Maritime Administration: " Operations and Training", $74,898,000;
Federal Communications Commission, " Salaries and Expenses",
$76,900,000;
Federal Maritime Commission, " Salaries and Expenses", $11,225,000;
Federal Trade Commission, " Salaries and Expenses", $68,774,000;
International Trade Commission, " Salaries and Expenses",
$17,200,000;
Office of the United States Trade Representative, " Salaries and
Expenses", $9,000,000: Provided, That not to exceed $60,000 shall be
available for official reception and representation expenses;
Securities and Exchange Commission, " Salaries and Expenses",
$82,906,000;
Small Business Administration, " Salaries and Expenses",
$221,945,000: Provided, That $14,000,000 of said amount shall be
available only for grants for Small Business Development Centers as
authorized by section 20(a) of the Small Business Act, // 15 USC 631 //
as amended. In addition, $19,200,000 for disaster loan making
activities, including loan servicing, shall be transferred to this
appropriation from the " Disaster Loan Fund"; " Business Loan and
Investment Fund", $326,000,000; " Disaster Loan Fund", $0; " Lease
Guarantees Revolving Fund", $3,000,000; " Surety Bond Guarantees
Revolving Fund", $19,000,000;
United States Metric Board, " Salaries and Expenses", $2,000,000.
General Administration, " Salaries and Expenses", $41,233,000, of
which $500,000, to remain available until expended, is for the Federal
justice research program;
United States Parole Commission, " Salaries and Expenses",
$6,200,000;
Legal Activities, " Salaries and Expenses, General Legal Activities",
$123,200,000;
" Salaries and Expenses, Antitrust Division", $44,000,000;
" Salaries and Expenses, United States Attorneys and Marshals",
$291,950,000;
" Support of United States Prisoners", $24,100,000;
" Fees and Expenses of Witnesses", $27,921,000;
" Salaries and Expenses, Community Relations Service", $5,500,000;
Federal Bureau of Investigation, " Salaries and Expenses",
$739,609,000;
Immigration and Naturalization Service, " Salaries and Expenses",
$428,557,000;
Federal Prison System, " Salaries and Expenses", $353,000,000; "
National Institute of Corrections", $11,186,000; " Buildings and
Facilities", $13,731,000, including $1,920,000 for the planning, design,
acquisition, and preparation of a site for a Federal Correctional
Institution to be located in central Arizona and any necessary
relocation or replacement of existing site structures or other
improvements, as well as the grading and development of utility
distribution systems; " Federal Prison Industries, Incorporated:
(Limitation on administrative and Vocational Training Expenses)",
$5,066,000;
Office of Justice Assistance, Research, and Statistics, "Law
Enforcement Assistance", $93,554,000: Provided, That $70,000,000 of
said amount shall be available only for grants and administrative
expenses authorized by title II of the Juvenile Justice and Delinquency
Prevention Act of 1974, // 42 USC 5611. // as amended: Provided
further, That $4,000,000 of said amount provided for the program "
Treatment Alternatives to Street Crime" shall be allocated solely to
implement part E of the Justice System Improvement Act of 1979; // 42
USC 3751. //
Equal Employment Opportunity Commission, " Salaries and Expenses",
$139,889,000 of which not to exceed $18,500,000 is for payments to State
and local enforcement agencies for services to the Commission pursuant
to title VII of the Civil Rights Act, // 42 USC 2000e. // as amended,
and sections 6 and 14 of the Age Discrimination in Employment Act. // 29
USC 625, 633. //
Administration of Foreign Affairs; " Salaries and Expenses",
$890,758,000; " Acquisition, Operation and Maintenance of Buildings
Abroad (Special Foreign Currency Program)", $9,102,000; " Emergencies
in the Diplomatic and Consular Service", $4,400,000; " Buying Power
Maintenance", $1,500,000;
International Organizations and Conferences: " Contributions to
International Organizations", $398,240,000, including funds for the
payment of 1982 assessed contributions to the Pan American Health
Organization, and to reimburse the Pan American Health Organization for
payments under the tax equalization program for employees who are United
States citizens; " International Conferences and Contingencies",
$7,284,000;
International Commissions; " International Boundary and Water
Commission, United States and Mexico, Salaries and Expenses",
$7,927,000; " American Sections, International Commissions",
$2,847,000; International Fisheries Commissions", $8,237,000; and
" The Asia Foundation", $4,100,000.
Board for International Broadcasting, " Grants and Expenses",
$86,519,000;
Commission on Security and Cooperation in Europe, " Salaries and
Expenses", $404,000; and
International Communication Agency: " Salaries and Expenses",
$443,286,000; " Center for Cultural and Technical Interchange Between
East and West", $16,880,000; " Acquisition and Construction of Radio
Facilities", $19,000,000.
Courts of Appeals, District Courts, and Other Judicial Services: "
Salaries of Judges", $59,400,000; " Salaries of Supporting Personnel",
$263,400,000; " Expenses of Operation and Maintenance of the Courts",
$55,600,000; " Bankruptcy Courts, Salaries and Expenses", $81,200,000;
" Fees of Jurors and Commissioners", $43,500,000; " Space and
Facilities", $123,000,000.
Sec. 102. Appropriations and funds made available and authority
granted pursuant to this joint resolution shall be available from
December 15, 1981, and shall remain available until (a) enactment into
law of an appropriation for any project or activity provided for in this
joint resolution, or (b) enactment of the applicable appropriation Act
by both Houses without any provision for such project or activity, or
(c) March 31, 1982, whichever first occurs.
Subsection (c) of this section shall not reduce the availability of
funds which would remain available beyond March 31, 1982, under the
terms and conditions otherwise effective under this joint resolution.
Sec. 103. Appropriations made and authority granted pursuant to this
joint resolution shall cover all obligations or expenditures incurred
for any project or activity during the period for which funds or
authority for such project or activity are available under this joint
resolution.
Sec. 104. Expenditures made pursuant to this joint resolution shall
be charged to the applicable appropriation, fund, or authorization
whenever a bbill in which such applicable appropriation, fund, or
authorization is contained is enacted into law.
Sec. 105. All obligations incurred in anticipation of the
appropriations and authority provided in this joint resolution for the
purposes of maintaining the minimum level of essential activities
necessary to protect life and property and bringing about orderly
termination of other functions are hereby ratified and confirmed if
otherwise in accordance with the provisions of this joint resolution.
Sec. 106. No provision in any appropriation Act for the fiscal year
1982 that makes the availability of any appropriation provided therein
dependent upon the enactment of additional authorizing or other
legislation shall be effective before the date set forth in section
102(c) of this joint resolution.
Sec. 107. Notwithstanding any other provisions of this joint
resolution and the provisions of sections 720(b) and 722(a)(1) of the
Public Health Service Act, // 42 USC 293, 293b. // $35,790,000 is
appropriated and shall remain available until expended for grants for
the construction or expansion of two teaching facilities under section
720(a)(1) of such Act.
Sec. 108. Notwithstanding any other provision of this joint
resolution except section 142, $869,240,000 is appropriated under this
joint resolution for payment to the Postal Service Fund, of which
$230,000,000 shall be available for public service costs and
$639,240,000 shall be available for revenue forgone on free and
reduced-rate mail. Notwithstanding any other provision of law, the
Postal Service shall promptly adjust preferred rates so as to recover
the difference between the amount which was authorized to be
appropriated under section 2401(c) of title 39, United States Code, and
the amount hereby appropriated. Such adjustments shall be made in
accordance with the following subsections:
(a) The amount attributable to the reduction in authorization
specified in section 1723(a)(1) of the Omnibus Budget
Reconciliation Act of August 13, 1981, shall be recovered from the
classes of mail specified in section 1723(b)(1) of such Act.
(b)(1) The remaining amount shall be recovered through
proportional adjustment, except as provided in paragraph (2) of
this subsection, to the rates for each class of reduced-rate mail
under section 3626 of title 39, United States Code, after the
adjustment required by subsection (a) of this section.
(2) The adjustment made under paragraph (1) of this subsection
shall provide for recovery of $20,000,000 less from mail under
former sections 4358(a), 4554(b), and 4554(c) of title 39, United
States Code, and $20,000,000 more from the other affected
categories, than if such adjustment were fully proportional for
all affected categories.
(c) Any further adjustments needed because of section 143 of
this resolution shall be proportional as provided in subsection
(b)(1) of this section without regard to subsection (b)(2).
(d) Any adjustments under this section shall look first to the
phased rates under section 3626 of title 39, United States Code,
and shall not affect the remaining (continuing) rate reductions
for any category until phasing for all categories is exhausted.
Sec. 109. No funds made available pursuant to this continuing
resolution may be used to accomplish or implement a proposed
reorganization of the Bureau of Alcohol, Tobacco and Firearms before
March 30, 1982. Such reorganization plan may be implemented after March
30, 1982, unless disapproved by the House and Senate Committees on
Appropriations: Provided, That of the funds made available by this
Continuing Resolution for the Bureau of Alcohol, Tobacco and Firearms,
$15,000,000 shall be available solely for the enforcement of the Federal
Alcohol Administration Act // 27 USC 201. // during fiscal year 1982.
Sec. 110. Notwithstanding any other provision of this joint
resolution, the Secretary of the Treasury is authorized to transfer up
to 2 per centum from any appropriation account provided by this joint
resolution for the Department of the Treasury otherwise appropriated in
H.R. 4121, entitled the Treasury, Postal Service and General Government
Appropriation Act, 1982, to any other such appropriation account:
Provided, That the recipient appropriation account is not increased by
more than 2 per centum of the amount provided by this joint resolution:
Provided further, That approval for such transfers is obtained in
advance from the House and Senate Committees on Appropriations.
Sec. 111. Notwithstanding any other provision of this joint
resolution, funds available to the Federal Building Fund within the
General Services Administration may be used to initiate new
construction, advance design, and repairs and alteration line-item
projects and lease construction projects which are included in either
H.R. 4121, as passed by the House, or in H.R. 4121, as reported by the
Senate on September 22, 1981.
Sec. 112. (a) None of the funds appropriated by this joint
resolution may be used to--,
(1) enforce Revenue Ruling 81 - 216 or the proposed amendments
to Income Tax Regulations sections 1.103 - 7 and 1.103 - 10
// 46 FR 50014. //
which were published in the Federal Register on October 8, 1981,
// 26 CFR Part 1. //
or
(2) propose, promulgate, or enforce any ruling or regulation
reaching the same result as, or a result similar to, such Revenue
Ruling or Regulations,
in connection with a qualified issue, or
(3) issue rulings or regulations which treat as exempt from
taxation under section 103(b)(6) of the Internal Revenue Code of
1954
// 26 USC 103. //
any interest earned on an obligation the proceeds of which are
used for a disqualified facility.
(b)(1) For purposes of subsection (a), the term "qualified issue"
means a single issue (whether or not part of a composite or multiple
series of issues)--,
(A) all of the obligations of which are directly or indirectly
guaranteed or secured in whole or in part by--,
instrumentality
of either, or
are
used for agricultural purposes, a qualified person
(within the
meaning of section 46(c)(8)(D) of the Internal
Revenue Code
of 1954
// 26 USC 46. //
determined without regard to clauses (iii) and (iv)
thereof), and
(B) none of the proceeds of which are used in connection with a
disqualified facility or a facility with respect to which, at any
time before January 1, 1987--,
the
facility, or
aggregate)
used by disqualified persons.
For purposes of subparagraph (B), use by a related person (within the
meaning of section 103(b)(6)(C) of such Code) shall be treated as use by
the disqualified person.
(2)(A) For purposes of paragraph (1), the term "disqualified person"
means a person (other than an exempt person within the meaning of
section 103(b)(3) of such Code) which has aggregate capital expenditures
for any purpose which, for the period beginning October 1, 1979, and
ending September 30, 1982, exceed $25,000,000.
(B) For purposes of determining the aggregate capital expenditures of
any person under subparagraph (A), there shall be taken into account the
capital expenditures of all persons which are--,
(i) related persons (within the meaning of section 103(b)(6)(
C) of such Code) with respect to such person; or
(ii) guarantors of any portion of the issue with respect to
which a determination is being made under this subsection other
than a guarantor which--,
which are
used for agricultural purposes, a person described in
paragraph
(1)(A)(ii), or
section 103(b)(6)(C) of
such Code to the user of the proceeds of the issue.
(C) For purposes of this paragraph, the term "capital expenditures"
has the meaning given such term by section 103(b)(6)(D) of such Code,
except that such term shall not include any amount paid or incurred by
the taxpayer which constitutes a qualified research expense (within the
meaning of section 44 F(b) of such Code). // 26 USC 44 F. //
(c) For purposes of subsection (a) and subparagraph (b)(1)(B), a
"disqualified facility" is any private or commercial--,
(i) golf course,
(ii) country club,
(iii) massage parlor, or
(iv) tennis club.
(d) It is the sense of the Congress that after August 23, 1981, and
until Congress enacts legislation which affects section 103(b)(6) of
such Code, // 26 USC 103. // the Secretary of the Treasury or his
delegate should in all cases enforce any ruling or regulation described
in subsection (a) (1) or (2) in a manner consistent with the provisions
of subsection (a).
Sec. 113. It is the sense of the Congress that the President of the
United States should not include in his recommendations for revenue
enhancements any recommendations which would have the effect of reducing
Federal tax incentives for energy conservation or the development of
renewable energy sources.
Sec. 114. Notwithstanding any other provision of law, funds provided
under this joint resolution for the special supplemental food program as
authorized by section 17 of the Child Nutrition Act of 1966 (42 U.S.C.
1786), and the commodity supplemental food program as authorized by
section 4(a) of the Agriculture and Consumer Protection Act of 1973 (7
U.S.C. 612c (note)) shall not be withheld from obligation unless and
until a special message specifying a deferral or rescission of budget
authority for such programs is officially submitted to the Congress,
when the Congress is in session.
Sec. 115. Notwithstanding any other provision of law or of this
joint resolution, none of the funds provided in this or any other Act
shall hereafter be used by the Interstate Commerce Commission to approve
railroad branchline abandonments in the State of North Dakota by the
entity generally known as the Burlington Northern Railroad, or its
agents or assignees, in excess of a total of 350 miles: Provided, That
this section shall be in lieu of section 311 (amendment numbered 93) as
set forth in the conference report and the joint explanatory statement
of the committee of conference on the Department of Transportation and
Related Agencies Appropriations Act, 1982 (H.R. 4209), filed in the
House of Representatives on November 13, 1981 (H. Rept. No. 97 - 331).
Sec. 116. Notwithstanding any other provision of law or of this
joint resolution, the funds provided for section 18 nonurban formula
grants and section 5 urban formula grants in this joint resolution shall
be apportioned and allocated using data from the 1970 decennial census
for one-half of the sums appropriated and the remainder shall be
apportioned and allocated on the basis of data from the 1980 decennial
census.
Sec. 117. Notwithstanding any other provision of this joint
resolution, the funds made available by this joint resolution which
would be available under H.R. 4560, entitled " Departments of Labor,
Health and Human Services, and Education and Related Agencies
Appropriation Act, 1982", for school assistance in federally affected
areas under title III of such Act shall be available under the authority
and conditions set forth in H.R. 4560 as passed the House on October 6,
1981: Provided, That the total amount available for entitlements under
section 3(a) of the Act of September 30, 1950, as amended, is amended so
as to permit payment to any local educational agency under such section
3(a) not to exceed 90 per centum of the amount of such payment for
fiscal year 1981, unless the entitlement for such agency is determined
under section 3(d)(2)(B) of such Act: Provided further, That the
provisions of section 3(d)(2)(B) shall be fully funded and not subject
to rateable reduction: Provided further, That the provisions of section
5(c) shall not apply.
Sec. 118. Notwithstanding section 1903(s) of the Social Security
Act, // 42 USC 1396b // all medicaid payments to the States for Indian
health service facilities as defined by section 1911 of the Social
Security Act // 42 USC 1396j. // shall be paid entirely by Federal
funds, and notwithstanding section 1903(t) of the Social Security Act,
all medicaid payments to the States for Indian health service facilities
shall not be included in the computation of the target amount of Federal
medicaid expenditures.
Sec. 119. There are appropriated $750,000 to continue the operations
of the Office of Adolescent Pregnancy Programs of the Department of
Health and Human Services.
Sec. 120. Notwithstanding any provision of law, none of the funds
appropriated for the Department of Labor, Mine Safety and Health
Administration, shall be used to classify a mine in the potash industry
as gassy based upon air samples containing concentrations of methane
gas, unless such classification standard has been adopted through formal
rulemaking on or before November 5, 1981.
Sec. 121. Amounts at the level provided in H.R. 4560 as passed by
the House are available for general departmental management, Department
of Health and Human Services, and the program direction and support
services activity, Assistant Secretary for Health.
Sec. 122. Notwithstanding any other provision of this joint
resolution, appropriations for administrative costs including but not
limited to salaries, expenses, travel and consultants in this joint
resolution for the Department of Health and Human Services are hereby
reduced by $21,800,000: Provided, That none of this reduction shall be
taken from activities supported under the budget account entitled "
Social Security Administration, Limitation on Administrative Expenses"
or from funds available for the administration of the Medicare program.
Sec. 123. Funding for sections 501 (a), (b), and (c) of the Refugee
Education Assistance Act of 1980 // 8 USC 1522, 1101 // and for the
Refugee Act of 1980 shall be at the levels and under the terms and
conditions of H.R. 4560, the Departments of Labor, Health and Human
Services, and Education and Related Agencies Appropriation Act, 1982, as
reported to the Senate on November 9, 1981.
Sec. 124. Notwithstanding any other provision of the joint
resolution, the funds made available by this joint resolution which
would be available under H.R. 4560, the Departments of Labor, Health and
Human Services, and Education and Related Agencies Appropriation Act,
1982, as reported to the Senate on November 9, 1981, for Student
Financial Assistance shall be subject to the following additional
conditions:
(1) The maximum Pell Grant a student may receive in 1982 - 1983
academic year is $1,800, notwithstanding section 411(a)(2)(
A)(i)(II) of the Higher Education Act of 1965.
// 20 USC 1070a. //
(2) The cost of attendance used for calculating eligibility for
and amount of Pell Grants shall be established by the Secretary of
Education.
(3) The Secretary of Education may establish or approve
separate systems of need analysis for academic year 1982 - 1983,
without regard to the provisions of subsections (a), (b), and (c)
of section 482 of the Higher Education Act of 1965, for the
programs authorized under subpart 2 of part A, part C, and part E
of title IV of the Higher Education Act of 1965.
// 20 USC 1070b, 42 USC 2751, 20 USC 1088. //
(4) The family contribution schedule for the 1981 - 1982
academic year shall be the family contribution schedule for the
1982 - 1983 academic year, modified by the Secretary of Education
to exclude payments under the Social Security Act
// 42 USC 1305. //
and title 38, United States Code, described in paragraph (5) and
to reflect the most recent and relevant data, except that the
Secretary of Education shall establish a series of assessment
rates applicable to discretionary income in accordance with
section 482(b)(4) of the Higher Education Act of 1965. The
modified family contribution schedule under this paragraph shall
be submitted to the President of the Senate and the Speaker of the
House of Representatives not later than 15 days after the date of
enactment of this resolution and shall otherwise be subject to the
provisions of section 482(a) of the Higher Education Act of 1965.
(5) Notwithstanding the provisions of section 482 (b)(3)
// 20 USC 1089. //
and the provisions of section 411(a)(2)(B)(ii),
// 20 USC 1070a. //
no Pell Grant shall exceed the difference between the cost of
attendance at the institution at which the student is in
attendance, and the sum of the expected family contribution and
any amount paid to, or on account of, the student under the Social
Security Act
// 42 USC 1305. //
and any amount paid the student under chapters 34 and 35 of title
38, United States Code,
// 38 USC 1651, 1700 //
and if with respect to any student, it is determined that the
amount of a Pell Grant plus the amount of the expected family
contribution, the amount paid to, or on account of, the student
under the Social Security Act, and the amount paid the student
under chapters 34 and 35 of title 38, United States Code, exceeds
the cost of attendance for that year, the amount of the Pell Grant
shall be reduced until the combination of expected family
contribution, the amount of the Pell Grant, and the amount paid
under the Social Security Act, and chapters 34 and 35 of title 38
of the United States Code, does not exceed the cost of attendance
at such institution.
Sec. 125. // 2 USC 61b-3. // For each fiscal year (beginning with
the fiscal year which ends September 30, 1982), the Secretary of the
Senate is authorized to expend from the contingent fund of the Senate
such amount as may be necessary to enable the Secretary to obtain from
the General Services Administration the services of a professional
archivist. Such services shall be obtained on a reimbursable basis and
shall not be obtained except with the consent of the General Services
Administration and the Committee on Rules and Administration.
Sec. 126. There is appropriated $69,800,000 for section 611 of the
Education of the Handicapped Act // 20 USC 1411. // which is in
addition to amounts appropriated under this joint resolution which would
otherwise be made available under H.R. 4560, the Departments of Labor,
Health and Human Services, and Education and Related Agencies
Appropriation Act, 1982, as reported to the Senate on November 9, 1981,
for such section 611.
Sec. 127. For carrying out, to the extent not otherwise provided,
the Rehabilitation Act of 1973, // 29 USC 701 // as amended, and the
International Health Research Act of 1960, // 22 USC 2101 //
$991,845,000, of which $892,865,538 shall be for allotments under
section 100(b)(1), $6,134,462 shall be for activities under section
110(b)(3), $650,000 shall be made available to the Navajo Tribal Council
for activities under section 130, and $18,000,000 shall be for
activities under section 711 of the Rehabilitation Act of 1973. // 29
USC 796e //
Sec. 128. The Attorney General shall exercise his best efforts to
ensure that none of the funds appropriated by this joint resolution may
be obligated or expended after March 1, 1982, for the detention of any
entrant, any applicant for political asylum or for refugee status, or
any other alien which would cause the total number of aliens to exceed
five hundred and twenty-five at the facility known as Krome North,
located in the State of Florida, or to exceed five hundred and
twenty-five at any other facility in the State of Florida for the
detention of aliens awaiting exclusion, deportation, or resettlement
which is not used for such purpose on the date of enactment of this
joint resolution.
Sec. 129. There is appropriated an additional $45,000,000 for the
payment of windfall benefits, as provided under section 15(d) of the
Railroad Retirement Act of 1974, // 45 USC 231n. // which, together
with the amounts appropriated under this joint resolution which would
otherwise be made available under H.R. 4560, the Departments of Labor,
Health and Human Services, and Education and Related Agencies
Appropriation Act, 1982, for the payment of such benefits, shall be the
maximum amount available for payments through September 30, 1982.
Sec. 130. Notwithstanding any other provision of this joint
resolution, each State shall establish such fiscal control procedures as
are necessary to assure that the funds made available under this
resolution for the low-income energy assistance program are used for
payments in accordance with section 2605(b) (1) and (2) of the Omnibus
Budget Reconciliation Act of 1981 and that each eligible household
receiving such payments does not use the payments for any other purpose
than the purpose described in section 2602(a).
Sec. 131. Notwithstanding any other provision of this joint
resolution, the provisions of section 210 of the Departments of Labor,
Health and Human Services, and Education and Related Agencies
Appropriation Act, 1982 (H.R. 4560), as passed by the House of
Representatives on October 6, 1981, and the provisions of section 209 of
such Act as reported by the Senate Committee on Appropriations on
November 9, 1981, shall be applicable with respect to sums appropriated
pursuant to this joint resolution.
Sec. 132. Notwithstanding any other provision of law, none of the
funds appropriated for the Department of Labor, Mine Safety and Health
Administration shall be obligated or expended to prescribe, issue,
administer or enforce any standard, rule, regulation or order under the
Federal Mine Safety and Health Act of 1977 // 30 USC 801 // with respect
to any independent construction contractor who is engaged by an operator
for the construction, repair or alteration of structures, facilities,
utilities or private ways or roads located on (or appurtenant to) the
surface areas of any coal or other mine, and whose employees work in a
specifically demarcated area, separate from actual mining or extraction
activities: Provided, That no funds shall be obligated or expended to
prescribe, issue, administer or enforce any standard, rule, regulation
or order under the Federal Mine Safety and Health Act of 1977 on any
State or political subdivision thereof.
Sec. 133. There is appropriated the sum of $362,000,000 for the
Maternal and Child Health Care Block Grant Act.
Sec. 133a. Notwithstanding section 102 of this joint resolution, //
26 USC 162 // section 139(b)(3) of Public Law 97 - 51 is amended by
striking out "1981" and inserting in lieu thereof "1980".
Sec. 134. There are appropriated to the Department of Health and
Human Services $61,180,000 for activities under the Developmental
Disabilities Assistance and Bill of Rights Act of 1981.
Sec. 135. There is appropriated $10,000,000 for part B of title IV
of the Comprehensive Employment and Training Act // 29 USC 923. //
relating to the Job Corps which is in addition to the amounts
appropriated under this joint resolution which would otherwise be made
available under H.R.4560, the Departments of Labor, Health and Human
Services, and Education and Related Agencies Appropriation Act, 1982, as
reported to the Senate on November 9, 1981, for the Job Corps.
Sec. 136. Notwithstanding any other provision of this joint
resolution, subject only to the absence of qualified applicants, and
within the limits of funds and authority available, the head of each
department and agency for which authority to enter into commitments to
guarantee or insure is provided for in this joint resolution or H.R.
4034 shall enter into commitments to guarantee or insure in the full
amounts provided for in this joint resolution or other applicable law.
Sec. 137. Notwithstanding any other provision of law or of this
joint resolution, of the fiscal year 1982 Highway Trust Funds available
for emergency relief, $17,000,000 shall be made available for damaged
highways or for the prevention of damage to highways in the area
affected by eruptions of the Mount Saint Helens volcano.
Sec. 138. Notwithstanding any other provision of title 23, United
States Code, or of this joint resolution, the Secretary of
Transportation shall approve, upon the request of the State of Indiana,
the construction of an interchange to appropriate standards at I-94 and
County Line Road at the Porter-La Porte County Line near Michigan City,
Indiana, with the Federal share of such construction to be financed out
of funds apportioned to the State of Indiana under section 104(b)(5)(A)
of title 23, United States Code.
Sec. 139. Notwithstanding any other provision of law, or of this
joint resolution, any proposal for deferral of budget authority under
section 1013 of the Impoundment Control Act of 1974 (31 U.S.C. 1403)
with respect to budget authority for expenses related to the Northeast
Corridor Improvement Project authorized under title VII of the Railroad
Revitalization and Regulatory Reform Act of 1976 (Public Law 94 - 210)
// 45 USC 851. // shall, upon transmittal to the Congress, be referred
to the House and Senate Committees on Appropriations and any amount of
budget authority proposed to be deferred therein shall be made available
for obligation unless, within a 45-day period which begins on the date
of transmittal and which is equivalent to that described in section 1011
(3) and (5) of the Impoundment Control Act of 1974 (31 U. S.C. 1401 (3)
and (5)), the Congress has completed action on a bill approving all or
part of the proposed deferral.
Sec. 140. // 28 USC 461 // Notwithstanding any other provision of law
or of this joint resolution, none of the funds appropriated by this
joint resolution or by any other Act shall be obligated or expended to
increase, after the date of enactment of this joint resolution, any
salary of any Federal judge or Justice of the Supreme Court, except as
may be specifically authorized by Act of Congress hereafter enacted:
Provided, That nothing in this limitation shall be construed to reduce
any salary which may be in effect at the time of enactment of this joint
resolution nor shall this limitation be construed in any manner to
reduce the salary of any Federal judge or of any Justice of the Supreme
Court.
Sec. 141. (a) Notwithstanding the provisions of section 305 of H.R.
4120 // 5 USC 5318 // made applicable by section 101(g) of this joint
resolution, but subject to subsection (b) of this section, nothing in
section 101(g) shall (or shall be construed to) require that the rate of
salary or basic pay, payable to any individual for or on account of
services performed after December 31, 1981, be limited to or reduced to
an amount which is less than--,
(1) $59,500, if such individual has an office or position the
salary or pay for which corresponds to the rate of basic pay for
level III of the Executive Schedule under section 5314 of title 5,
United States Code;
(2) $58,500, if such individual has an office or position the
salary or pay for which corresponds to the rate of basic pay for
level IV of the Executive Schedule under section 5315 of title 5,
United States Code; or
(3) $57,500, if such individual has an office or position the
salary or pay for which corresponds to the rate of basic pay for
level V of the Executive Schedule under section 5316 of title 5,
United States Code.
(b)(1) For purposes of subsection (a), any rate of salary or pay
shall be considered to correspond to the basic pay for a level of the
Executive Schedule if the rate of salary or pay for that office or
position is (i) fixed at a rate which is equal to or greater than the
rate of basic pay for that level of the Executive Schedule or (ii)
limited to a maximum rate which is equal to or greater than the rate of
basic pay for such level (or to a percentage of such a maximum rate) by
reason of section 5308 of title 5, United States Code, or any other
provision of law (other than the provisions of such section 305, as made
applicable by section 101(g) of this joint resolution) or congressional
resolution.
(2) In applying subsection (a) for any office or position for which
the rate of salary or basic pay is limited to a percentage of such a
maximum rate, there shall be substituted, in lieu of the amount
specified in subsection (a) for that office or position, an amount equal
to such percentage of the specified amount.
(c) Any adjustment pursuant to this section made to the pay of any
employee or class of employees whose pay is disbursed by the Clerk of
the House should be of such amount as to assure, to the maximum extent
practicable, that such employees are not paid at rates at less than
employees or classes of employees whose pay is disbursed by the
Secretary of the Senate and who hold equivalent positions.
Sec. 142. (a) Notwithstanding any other provision of this joint
resolution, and except as otherwise provided in this section, total
budget authority provided by this joint resolution for appropriation
accounts for which provision would be made in the following
appropriation Acts:
the Agriculture, Rural Development, and Related Agencies
Appropriation Act, 1982;
the Department of Housing and Urban Development-Independent
Agencies Appropriation Act, 1982;
the Department of the Interior and Related Agencies
Appropriation Act, 1982;
the Departments of Labor, Health and Human Services, and
Education, and Related Agencies Appropriation Act, 1982; and
the Treasury, Postal Service, and General Government
Appropriation Act, 1982;
shall be reduced by 4 per centum.
(b) Notwithstanding any other provision of this joint resolution, and
except as otherwise provided in this section, total budget authority
provided by this joint resolution for appropriation accounts for which
provision would be made in the Military Construction Appropriation Act,
1982, shall be reduced by 2 per centum.
(c) The reductions made by subsections (a) and (b) of this section
shall be applied proportionally to each appropriation account.
(d) Notwithstanding any other provision of this joint resolution, and
except as otherwise provided in this section, total budget authority
provided by this joint resolution for appropriation accounts for which
provision would be made in the Department of Defense Appropriation Act,
1982, shall be reduced by 2 per centum. The reduction in this
subsection shall be taken only from appropriation accounts in titles IV
and V of that Act, and shall be applied proportionally to those
accounts. After the conclusion of the first session of the
Ninety-seventh Congress, the level of budget authority for the
Department of Defense shall be the level of the conference agreement on
the Department of Defense Appropriation Act, 1982, and this section
shall not apply to that level. If such agreement has not been reached
by the conclusion of the first session of the Ninety-seventh Congress,
the level shall be as set forth in section 101(a) of this joint
resolution, and this section shall not apply to that level.
(e) The reduction made by this section shall be applied so that the
budget authority provided in this joint resolution within any
appropriation account for any program or project shall not be reduced by
more than 6 per centum.
(f) The reduction made by this section shall be applied so that no
program or project shall be terminated.
(g) The reduction made by this section shall not apply to budget
authority made available by this joint resolution for:
the Food Stamp program;
the Veterans' Administration medical care account;
any account, program or project involving spending authority
defined in section 401(c)(2)(C) of the Congressional Budget and
Impoundment Control Act of 1974 (Public Law 93 - 344);
// 31 USC 1351. //
the Payment to State and Local Government Fiscal Assistance
Trust Fund (31 U.S.C. 1221 - 1263);
accounts of the Veterans' Administration where budget authority
otherwise provided by this joint resolution would be at or below
the revised budget estimates;
the Internal Revenue Service, the Federal Bureau of
Investigation, and the Drug Enforcement Administration in the
Department of Justice, the law enforcement activities of the
Customs Service and the Secret Service in the Department of the
Treasury, and the law enforcement activities of the Coast Guard.
(h) This section shall not apply to any appropriation account,
program or project for which budget authority is provided by a 1982
appropriation Act enacted into law subsequent to the enactment of this
joint resolution.
Sec. 143. Notwithstanding section 102 of this joint resolution,
appropriations and funds made available and authority granted pursuant
to this joint resolution for appropriation accounts, programs, and
projects for which provision would be made in the Department of Defense
Appropriation Act, 1982, shall be available from December 15, and shall
remain available until (a) enactment into law of an appropriation for
any project or activity provided for in this joint resolution, or (b)
enactment of the applicable appropriation Act by both Houses without any
provision for such project or activity, or (c) February 15, 1982,
whichever first occurs.
Approved December 15, 1981.
LEGISLATIVE HISTORY- H.J. Res. 370:
HOUSE REPORT No. 97 - 372 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 127 (1981):
Dec. 10, considered and passed House.
Dec. 10, 11, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 17, No. 51 (1981):
Dec. 15, Presidential statement.
PUBLIC LAW 97-91, 95 STAT, 1173, DISTRICT OF COLUMBIA APPROPRIATION
ACT, 1982
of Columbia and other
activities chargeable in whole or in part against the
revenues of said District for
the fiscal year ending September 30, 1982, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the District of Columbia for the fiscal year ending
September 30, 1982, and for other purposes, namely:
For payment to the District of Columbia for the fiscal year ending
September 30, 1982, $336,600,000, as authorized by the District of
Columbia Self-Government and Governmental Reorganization Act, Public Law
93 - 198, as amended (D.C. Code 47 - 2501d); and $13,500,000 in lieu of
reimbursements for charges for water and water services and sanitary
sewer services furnished to facilities of the United States Government
as authorized by the Act of May 18, 1954, as amended (D.C. Code 43 -
1541 and 1611).
For the Federal contribution to the Police Officers and Fire
Fighters', Teachers' and Judges' Retirement Funds as authorized by the
District of Columbia Retirement Reform Act, Public Law 96 - 122,
approved November 17, 1979 (93 Stat. 866), $52,070,000.
For loans to the District of Columbia, as authorized by the District
of Columbia Self-Government and Governmental Reorganization Act, Public
Law 93 - 198, // D.C. Code 1 - 121 // as amended, $155,000,000, which
together with balances of previous appropriations for this purpose,
shall remain available until expended and be advanced upon request of
the Mayor: Provided, That during fiscal year 1982 and within the
resources and authority available, gross obligations for the principal
amount of direct loans shall not exceed $145,000,000.
The following amounts are appropriated for the District of Columbia
for the current fiscal year out of the general fund of the District of
Columbia, except as otherwise specifically provided:
Governmental direction and support, $85,234,300: Provided, That not
to exceed $2,500 for the Mayor, $2,500 for the Chairman of the Council
of the District of Columbia, and $2,500 for the City Administrator shall
be available from this appropriation for expenditures for official
purposes: Provided further, That not to exceed $7,500 of this
appropriation shall be available for test borings and soil
investigations: Provided further, That $3,366,300 of this appropriation
shall be available solely for the settlement of claims and suits as
provided for by an Act authorizing the Commissioners of the District of
Columbia to settle claims and suits against the District of Columbia,
approved February 11, 1929 (45 Stat. 1160; D.C. Code 1 - 902):
Provided further, That none of the funds appropriated for the Office of
Financial Management shall be apportioned and payable for debt service
for short-term borrowing on the bond market: Provided further, That any
program fees collected from the issuance of debt shall be available for
the payment of expenses of the debt management program of the District
of Columbia: Provided further, That notwithstanding any other provision
of law, there is hereby appropriated $1,348,300 to pay legal,
management, investment and other fees and expenses of the District of
Columbia Retirement Board of which $312,700 shall be derived from the
general fund and not to exceed $1,035,600 shall be derived from the
earnings of the applicable retirement funds: Provided further, That the
District of Columbia Retirement Board shall provide to the Congress a
quarterly report of the allocations of charges by fund and of
expenditures of all funds: Provided further, That the District of
Columbia Retirement Board shall provide the Mayor for transmittal to the
Council of the District of Columbia an item accounting of the planned
use of appropriated funds in time for each annual budget submission and
the actual use of such funds in time for each annual audited financial
report.
Economic development and regulation, $29,096,100: Provided, That the
District of Columbia Housing Finance Agency, based upon its capability
of repayment as determined each year by the Council of the District of
Columbia from the Agency's annual audited financial statements to the
Council of the District of Columbia, shall repay $2,000,000 to the
Department of Housing and Community Development at an interest rate of 4
percent per annum for a term of fifteen years, with a deferral of
payments for the first three years: Provided further, That
notwithstanding the foregoing provision, the obligation to repay all or
a part of the $2,000,000 shall be subject to the rights of the holders
of any bonds or notes issued by the Agency and shall be repaid to the
District only from available operating revenues of the Agency which are
in excess of the amounts required for debt service, reserve funds, and
operating expenses: Provided further, That the annual debt service of
not to exceed $178,000 shall be designated by the Council of the
District of Columbia prior to the commencement of annual payments:
Provided further, That the District of Columbia will establish a special
fund to assure that any moneys available to the Lottery and Charitable
Games Control Board shall be derived from non-Federal District of
Columbia revenues.
For establishment of the Lottery and Charitable Games Enterprise Fund
for the purpose of implementing D.C. Law 3 - 172 and for the budgeting
and accounting of all revenues and expenses of the Lottery and
Charitable Games Control Board, $628,000, to be derived from non-Federal
District of Columbia revenues: Provided, That the District of Columbia
will identify the source of funding for this appropriation from its own
locally generated revenues when the Enterprise Fund is established and
that no revenues from Federal sources shall be used to support the
operations of the Lottery and Charitable Games Control Board: Provided
further, That the level of administrative expenses to be incurred by the
Board shall be appropriated in the District's general fund budget as a
transfer from locally generated revenues; administrative expenses being
defined as all anticipated expenses of the Board for the coming fiscal
year excluding moneys necessary for the payments of prizes to the
winners of the games specified in D.C. Law 3 - 172: Provided further,
That the Board shall have the authority to expend, from revenues
generated by its operations, funds necessary for the payments of prizes:
Provided further, That the annual expenses for prizes and
administration of the Board shall not exceed resources available to the
Board from appropriated authority or revenues generated by the
operations of the Board: Provided further, That all revenues received
by the Board in excess of the funds used by the Board for prize money in
a given month shall be transferred to the general fund from the Lottery
and Charitable Games Enterprise Fund through a general operating
transfer, promptly after the first of the month for the preceding month:
Provided further, That the Board may establish a reserve not to exceed
2 percent of projected annual prize payments to provide for prizes
awarded in any month which may exceed the revenue generated during that
month: Provided further, That the Mayor may approve a change in the
reserve limit, as necessary, upon the request of the Board: Provided
further, That the financial operations of the Board with respect to the
amount appropriated for administrative expenses shall be in accordance
with all laws, regulations, and policies of the District of Columbia
government regarding appropriated funds: Provided further, That for the
fiscal year ending September 30, 1982, and for each fiscal year
thereafter, the District of Columbia Auditor shall conduct a
comprehensive audit on the financial status of the Fund, including but
not limited to all appropriations, revenues, and transfers to the Fund,
and provide such report to the Mayor, Chairman of the District of
Columbia Council, and to the Subcommittees on District of Columbia
Appropriations of the House of Representatives and the Senate: Provided
further, That in addition to current restrictions, advertising on public
transportation and at stations and stops is prohibited: Provided
further, That the advertising, sale, operation, or playing of the
lotteries, raffles, bingos, or other games authorized by D.C. Law 3 -
172 is prohibited on the Federal enclave, and in adjacent public
buildings and land controlled by the Shipstead-Luce Act as amended by 53
Stat. 1144, as well as in the Old Georgetown Historic District:
Provided further, That the Board shall make an annual report to the
Subcommittees on District of Columbia Appropriations of the House of
Representatives and the Senate at the end of each year detailing the
receipts and disbursements of the Board and summarizing measures of
regulation and enforcement enacted as well as other information and
recommendations deemed of value or which may be requested.
Public safety and justice, including purchase of one hundred and
thirty-five passenger motor vehicles for replacement only (including one
hundred and thirty for police-type use and five for fire-type use
without regard to the general purchase price limitation for the current
fiscal year), $366,396,200, of which $5,539,000 shall be payable from
the revenue sharing trust fund: Provided, That the Police Department is
authorized to replace not to exceed twenty-five passenger carrying
vehicles, and the Fire Department is authorized to replace not to exceed
five such vehicles annually whenever the cost of repair to any damaged
vehicle exceeds three-fourths of the cost of the replacement: Provided
further, That funds appropriated for expenses under the District of
Columbia Criminal Justice Act, Public Law 93 - 412, approved September
3, 1974 (D.C. Code 11 - 2601 et seq.) for fiscal year 1982 shall be
available for obligations incurred under that Act in each fiscal year
since inception in fiscal year 1975: Provided further, That not to
exceed $200,000 shall be available from this appropriation for the Chief
of Police for the prevention and detection of crime: Provided further,
That $50,000 of any appropriations available to the District of Columbia
may be used to match financial contributions from the Department of
Defense to the District of Columbia Office of Emergency Preparedness for
the purchase of civil defense equipment and supplies approved by the
Department of Defense, when authorized by the Mayor: Provided further,
That not to exceed $2,500 for the Joint Committee on Judicial
Administration shall be available from this appropriation for official
purposes.
Public education system, including the development of national
defense education programs, $377,921,300, of which $6,000,000 shall be
payable from the revenue sharing trust fund, to be allocated as follows:
$253,794,400 for the District of Columbia Public Schools; $60,220,900
for the District of Columbia Teachers' Retirement Fund; $48,937,100 for
the University of the District of Columbia; $9,979,300 for the Public
Library; $784,100 for the Commission on the Arts and Humanities;
$90,500 for the Educational Institution Licensure Commission; and
$4,115,000 for the School Transit Subsidy: Provided, That the District
of Columbia Public Schools are authorized to accept not to exceed
thirty-one motor vehicles for exclusive use in the driver education
program: Provided further, That not to exceed $1,000 for the
Superintendent of Schools and $2,500 for the President of the University
of the District of Columbia shall be available from this appropriation
for expenditures for official purposes: Provided further, That this
appropriation shall not be available to subsidize the education of
nonresidents of the District of Columbia at the University of the
District of Columbia, unless the Board of Trustees of the University of
the District of Columbia adopts for fiscal year 1982 a tuition rate
schedule which will establish the tuition rate for nonresident students
at a level no lower than the nonresident tuition rate charged at
comparable public institutions of higher education in the metropolitan
area: Provided further, That the $60,220,900 of this appropriation
allocated for the District of Columbia Teachers' Retirement Fund shall
be transferred to the Teachers' Retirement Fund, in accordance with the
provisions of section 142(c)(2) of the District of Columbia Retirement
Reform Act, approved November 17, 1979 (93 Stat. 880; D.C. Code 1 -
1822(c)(2)): Provided further, That not less than $7,257,800 of this
appropriation shall be used exclusively for maintenance of the public
schools.
Human support services, including care and treatment of indigent
patients in institutions under contracts to be made by the Director of
the Department of Human Services, $397,313,100, of which $5,200,000
shall be payable from the revenue sharing trust fund: Provided, That
the inpatient rate under such contracts shall not exceed $76 per diem
and the outpatient rate shall not exceed $12 per visit except for
services provided to patients who are eligible for such services under
the District of Columbia plan for medical assistance under title XIX of
the Social Security Act, approved July 30, 1965 (79 Stat. 343; 42 U.S.
C. 1396 et seq.) and the inpatient rate (excluding the proportionate
share for repairs and construction) for services rendered by Saint
Elizabeths Hospital for patient care shall be at the per diem rate
established pursuant to section 2 of An Act to authorize certain
expenditures from the appropriation of Saint Elizabeths Hospital, and
for other purposes, approved August 4, 1947 (61 Stat. 751; 24 U.S.C.
168a): Provided further, That total reimbursements in operating funds
to Saint Elizabeths Hospital, including funds from title XIX of the
Social Security Act, approved July 30, 1965 (79 Stat. 343; 42 U.S.C.
1396 et seq.) shall not exceed $22,948,700: Provided further, That
$11,374,600 of this appropriation, to remain available until expended,
shall be available solely for District of Columbia employees' disability
compensation: Provided further, That none of the funds appropriated for
the summer youth jobs program shall be obligated until the Subcommittees
on District of Columbia Appropriations of the House of Representatives
and the Senate have approved a plan submitted by the Mayor and the
Council of the District of Columbia detailing proposed expenditures.
Transportation services and assistance, including rental of one
passenger-carrying vehicle for use by the Mayor and three
passenger-carrying vehicles for use by the Council of the District of
Columbia and purchase of passenger-carrying vehicles for replacement
only, $123,681,600, of which $2,500,000 shall be payable from the
revenue sharing trust fund: Provided, That this appropriation shall not
be available for the purchase of driver-training vehicles.
Environmental services and supply, $31,287,300: Provided, That this
appropriation shall not be available for collecting ashes or
miscellaneous refuse from hotels and places of business or from
apartment houses with four or more apartments, or from any building or
connected group of buildings operating as a rooming or boarding house as
defined in the housing regulations of the District of Columbia:
Provided further, That $550,000 of this appropriation shall be
transferred to the Water and Sewer Enterprise Fund as a miscellaneous
revenue.
For pay increases and related costs, to be transferred by the Mayor
of the District of Columbia to the appropriations for fiscal year 1982
from which employees are properly payable, $36,279,100.
For reimbursement to the United States of funds loaned in compliance
with An Act to provide for the establishment of a modern, adequate, and
efficient hospital center in the District of Columbia, approved August
7, 1946 (60 Stat. 896); section 743(f) of the District of Columbia
Self-Government and Governmental Reorganization Act, approved October
13, 1977 (91 Stat. 1156; D.C. Code 9 - 220, note); the Departments of
Labor, and Health, Education and Welfare Appropriation Act, 1955,
approved July 2, 1954 (68 Stat. 443); section 1 of An Act to authorize
the Commissioners of the District of Columbia to borrow funds for
capital improvement programs and to amend provisions of law relating to
Federal Government participation in meeting costs of maintaining the
Nation's Capital City, approved June 6, 1958 (72 Stat. 183; D.C. Code 9
- 220); section 4 of An Act to authorize the Commissioners of the
District of Columbia to plan, construct, operate, and maintain a
sanitary sewer to connect the Dulles International Airport with the
District of Columbia system, approved June 12, 1960 (74 Stat. 211; D.
C. Code 43 - 163); and section 723 of the District of Columbia
Self-Government and Governmental Reorganization Act, approved December
24, 1973 (87 Stat. 821; D.C. Code 47 - 241, note), including interest
as required thereby, $126,060,600.
For the purpose of eliminating the general fund accumulated deficit,
$10,000,000.
For establishment of the contingent services fund, $2,400,000:
Provided, That these funds shall be made available to the Board of
Education in whole or in part pursuant to an agreement duly executed by
the Mayor and the Board of Education for the use of school space in lieu
of rental space for the Department of Human Services: Provided further,
That upon the execution of the agreement a reprogramming request
detailing the disposition of applicable funds for the Board of Education
or for the Department of Human Services for space rental will be
forwarded by the Mayor to the Council of the District of Columbia in
accordance with the Reprogramming Policy Act of 1980, effective
September 16, 1980 (D.C. Law 3 - 100).
For construction projects as authorized by An Act Authorizing the
laying of water mains and service sewers in the District of Columbia,
the levying of assessments therefor, and for other purposes, approved
April 22, 1904 (33 Stat. 244; D.C. Code 43 - 1510 et seq.); the
District of Columbia Public Works Act of 1954, approved May 18, 1954 (68
Stat. 101; D.C. Code 43-1521a-1521d); An Act to authorize the
Commissioners of the District of Columbia to borrow funds for capital
improvement programs and to amend provisions of law relating to Federal
Government participation in meeting costs of maintaining the Nation's
Capital City, approved June 6, 1958 (72 Stat. 183; D.C. Code 9 - 220);
An Act to amend the District of Columbia Motor Vehicle Parking Facility
Act of 1942, as amended, approved August 20, 1958 (72 Stat. 686); and
the National Capital Transportation Act of 1969, approved December 9,
1969 (83 Stat. 321; D.C. Code 1 - 1443 and 9-220(b)(3)); including
acquisition of sites; preparation of plans and specifications;
conducting preliminary surveys; erection of structures, including
building improvement and alteration and treatment of grounds; to remain
available until expended, $211,521,100: Provided, That $3,019,700 shall
be available for project management and $4,172,100 for design by the
Director of the Department of General Services or by contract for
architectural engineering services, as may be determined by the Mayor,
and that the funds for use of each capital project implementing agency
shall be managed and controlled in accordance with all procedures and
limitations established under the Financial Management System: Provided
further, That all such funds shall be available only for the specific
projects and purposes intended: Provided further, That notwithstanding
the foregoing, all authorizations for capital outlay projects, except
those projects covered by the first sentence of section 23(a) of the
Federal-Aid Highway Act of 1968, Public Law 90 - 495, approved August
23, 1968 (82 Stat. 827, D.C. Code 7 - 135, note) for which funds are
provided by this paragraph, shall expire on September 30, 1983, except
authorizations for projects as to which funds have been obligated in
whole or in part prior to such date. Upon expiration of any such
project authorization the funds provided herein for such project shall
lapse: Provided further, That the Mayor of the District of Columbia
shall not request the advance of any moneys for new general fund capital
improvement projects without the approval by resolution of the Council
of the District of Columbia.
For the Water and Sewer Enterprise Fund, $106,208,200: Provided,
That $24,552,000 of the funds appropriated to the Water and Sewer
Enterprise Fund shall be apportioned and payable to the debt service
fund for repayment of loans and interest incurred for capital
improvement projects.
For the Washington Convention Center Enterprise Fund, $1,231,300:
Provided, That the Convention Center Board, established by section 3 of
the Washington Convention Center Management Act of 1979, effective
November 3, 1979 (D.C. Law 3 - 36; D.C. Code 9 - 602) shall reimburse
the Auditor of the District of Columbia for all reasonable costs for
performance of the annual convention center audit.
Sec. 101. 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. 102. Except as otherwise provided in this Act, all vouchers
covering expenditures of appropriations contained in this Act shall be
audited before payment by the designated certifying official and the
vouchers as approved shall be paid by checks issued by the designated
disbursing official.
Sec. 103. Whenever in this Act an amount is specified within an
appropriation for particular purposes or objects of expenditure, such
amount, unless otherwise specified, shall be considered as the maximum
amount which may be expended for said purpose or object rather than an
amount set apart exclusively therefor, except for those funds and
programs for the Metropolitan Police Department under the heading "
Public Safety and Justice" which shall be considered as the amount set
apart exclusively for expenditure by that Department.
Sec. 104. Appropriations in this Act shall be available, when
authorized by the Mayor, for allowances for privately owned automobiles
and motorcycles used for the performance of official duties at rates
established by the Mayor: Provided, That such rates shall not exceed
the maximum prevailing rates for such vehicles as prescribed from time
to time in the Federal Travel Regulations.
Sec. 105. Appropriations in this Act shall be available for expenses
of travel and for the payment of dues of organizations concerned with
the work of the District of Columbia government, when authorized by the
Mayor: Provided, That the Council of the District of Columbia may
expend such funds without authorization by the Mayor.
Sec. 106. Appropriations in this Act shall not be used for or in
connection with the preparation, issuance, publication, or enforcement
of any regulation or order of the Public Service Commission requiring
the installation of meters in taxicabs, or for or in connection with the
licensing of any vehicle to be operated as a taxicab except for
operation in accordance with such system of uniform zones and rates and
regulations applicable thereto as shall have been prescribed by the
Public Service Commission.
Sec. 107. There are appropriated from the applicable funds of the
District of Columbia such sums as may be necessary for making refunds
and for the payment of judgments which have been entered against the
District of Columbia government: Provided, That nothing contained in
this section shall be construed as modifying or affecting the provisions
of paragraph 3, subsection (c) of section 11 of title XII of the
District of Columbia Income and Franchise Tax Act of 1947, approved July
16, 1947 (61 Stat. 355; D.C. Code 47-1586(j)).
Sec. 108. Appropriations in this Act shall be available for the
payment of public assistance without reference to the requirement of
section 5(b) of the District of Columbia Public Assistance Act of 1962,
approved October 15, 1962 (76 Stat. 915; D.C. Code 3 - 204) and for the
non-Federal share of funds necessary to qualify for Federal assistance
under the Juvenile Delinquency Prevention and Control Act of 1968,
Public Law 90 - 445, approved July 31, 1968 (82 Stat. 462; 42 U. S.C.
3801).
Sec. 109. 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. 110. Not to exceed 4 per centum of the total of all funds
appropriated by this Act for personal compensation may be used to pay
the cost of overtime or temporary positions.
Sec. 111. The total expenditure of funds appropriated by this Act
for authorized travel and per diem costs outside the District of
Columbia, Maryland, and Virginia shall not exceed $225,000.
Sec. 112. Appropriations in this Act shall not be available, during
the fiscal year ending September 30, 1982, for the compensation of any
person appointed--,
(1) as a full-time employee to a permanent, authorized position
in the District of Columbia government during any month when the
number of such employees is greater than 32,950, which includes
31,991 for the general fund and 959 for the water and sewer fund:
Provided, That--,
shall
be set aside as the maximum number of permanent,
authorized
employees for the general fund as follows:
Appropriated
positions, 28,857, of which 8,869 shall be for Public
Schools;
intra-District positions, 1,079; District of
Columbia General
Hospital positions, 2055; and
District
of Columbia General Hospital shall not exceed their
respective
employment limitations and are required to report
monthly to the Mayor, for the purpose of maintaining
controls on city-wide employment, regarding the total
number of current employees and the total number of
separations and filling of positions within their
respective
employment limitations; or
(2) as a temporary or part-time employee in the government of
the District of Columbia during any month in which the number of
such employees exceeds the number of such employees for the same
month of the preceding fiscal year.
Sec. 113. No funds appropriated in this Act for the government of
the District of Columbia for the operation of educational institutions,
the compensation of personnel, or for other educational purposes may be
used to permit, encourage, facilitate, or further partisan political
activities. Nothing herein is intended to prohibit the availability of
school buildings for the use of any community or partisan political
group during non-school hours.
Sec. 114. The annual budget for the District of Columbia government
for fiscal year 1983 shall be transmitted to the Congress by not later
than April 15, 1982. None of the funds appropriated in this Act shall
be made available to pay the salary of any employee of the government of
the District of Columbia whose name, title, grade, salary, past work
experience, and salary history are not available for inspection by the
House and Senate Committees on Appropriations or their duly authorized
representatives.
Sec. 115. There are appropriated from the applicable funds of the
District of Columbia such sums as may be necessary for making payments
authorized by the District of Columbia Revenue Recovery Act of 1977,
effective September 23, 1977 (D.C. Law 2 - 20; D.C. Code 47 - 331 et
seq.).
Sec. 116. None of the funds contained in this Act shall be made
available to pay the salary of any employee of the government of the
District of Columbia whose name and salary are not available for public
inspection.
Sec. 117. No part of this appropriation shall be used for publicity
or propaganda purposes or implementation of any policy including boycott
designed to support or defeat legislation pending before Congress or any
State legislature.
Sec. 118. None of the Federal funds provided in this Act shall be
used to perform abortions except where the life of the mother would be
endangered if the fetus were carried to term; or except for such
medical procedures necessary for the victims of rape or incest, when
such rape or incest has been reported promptly to a law enforcement
agency or public health service. Nor are payments prohibited for drugs
or devices to prevent implantation of the fertilized ovum, or for
medical procedures necessary for the termination of an ectopic
pregnancy.
Sec. 119. At the start of the fiscal year, the Mayor shall develop
an annual plan, by quarter and by project, for borrowing from the United
States Treasury: Provided, That within a reasonable time after the
close of each quarter, the Mayor shall report to the Council of the
District of Columbia and the District of columbia and the Congress the
actual borrowing and spending progress compared with projections.
Sec. 120. The Mayor shall not borrow any funds for capital projects
from the United States Treasury unless he has obtained prior approval
from the Council of the District of Columbia, by resolution, identifying
the projects and amounts to be financed with such borrowings.
Sec. 121. The Mayor shall not expend any moneys borrowed for capital
projects for the operating expenses of the District of Columbia
government.
Sec. 122. None of the funds appropriated in this Act may be used for
the implementation of a personnel lottery with respect to the hiring of
firefighters or police officers.
Sec. 123. None of the funds appropriated by this Act may be used to
transport any output of the municipal waste system of the District of
Columbia for disposal at any public or private landfill located in any
State, excepting currently utilized landfills in Maryland and Virginia,
until the appropriate State agency has issued the required permits.
Sec. 124. None of the Federal funds provided under this Act shall be
obligated or expended to provide a personal cook, chauffeur, or other
personal servants to any officer or employee of the District of
Columbia.
Sec. 125. None of the Federal funds provided in this Act shall be
obligated or expended to procure passenger automobiles as defined in 15
U.S.C. 2001 with an EPA estimated miles per gallon average of less than
22 miles per gallon. This section shall not apply to security,
emergency rescue, or armored vehicles.
This Act may be cited as the " District of Columbia Appropriation
Act, 1982".
Approved December 4, 1981.
LEGISLATIVE HISTORY- H.R. 4522:
HOUSE REPORTS: No. 97 - 235 (Comm. on Appropriations) and No. 97 -
327 (Comm. of Conference).
SENATE REPORT No. 97 - 254 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 127 (1981):
Sept. 22, considered and passed House.
Oct. 30, considered and passed Senate, amended.
Nov. 18, House agreed to conference report; concurred in
certain Senate amendments.
Nov. 19, Senate agreed to conference report; resolved
amendments in disagreement
PUBLIC LAW 97-90, 95 STAT, 1163, DEPARTMENT OF ENERGY NATIONAL
SECURITY AND MILITARY APPLICATIONS OF NUCLEAR ENERGY AUTHORIZATION ACT
OF 1982
Energy for national security
programs for fiscal year 1982, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may be
cited as the " Department of Energy National Security and Military
Applications of Nuclear Energy Authorization Act of 1982".
Sec. 101. Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 1982 for operating expenses
incurred in carrying out national security programs (including
scientific research and development in support of the armed services,
strategic and critical materials necessary for the common defense, and
military applications of nuclear energy and related management and
support activities) as follows:
(1) For the naval reactors development program, $279,500,000,
including $9,500,000 for program management.
(2) For weapons activities, $2,494,600,000, to be allocated as
follows:
experiments;
(3) For verification and control technology, $50,400,000,
including $1,800,000 for program management.
(4) For defense nuclear materials production, $632,400,000, to
be allocated as follows:
research, $30,000,000.
(5) For defense nuclear materials byproducts management,
$262,128,000, to be allocated as follows:
(6) For nuclear materials security and safeguards technology
development program (defense programs), $41,800,000, including
$3,985,000 for program management.
(7) For security investigations, $23,600,000.
Sec. 102. Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 1982 for plant and capital
equipment (including planning, construction, acquisition, and
modification of facilities, land acquisition related thereto, and
acquisition and fabrication of capital equipment not related to
construction) necessary for national security programs, as follows:
(1) For naval reactors development:
locations,
$4,000,000.
Savannah
River Plant, South Carolina, $15,000,000.
(2) For weapons activities:
locations
(research and development), $15,800,000.
locations
(production and surveillance), $16,300,000.
Mexico, $1,200,000.
facilities,
various locations, $8,000,000.
River
Plant, South Carolina, $3,500,000.
development
facility, Lawrence Livermore National Laboratory,
California, $2,500,000.
National
Laboratory, New Mexico, $5,000,000.
California, $7,000,000.
California, $1,000,000, for a
total project authorization of $7,600,000.
a total
project authorization of $10,000,000.
various
locations, $30,000,000, for a total project
authorization
of $40,000,000.
of $85,000,000.
Y-12
Plant, Tennessee, $3,400,000, for a total project
authorization
of $6,400,000.
Lawrence
Livermore National Laboratory, California,
$1,000,000, for a total project authorization
of $4,000,000.
Texas,
$5,200,000, for a total project authorization
of $12,600,000.
various
locations, $80,700,000, for a total project
authorization
of $98,800,000.
authorization
of $10,600,000.
projectile
production facilities, various locations, $3,600,000,
for a total
project authorization of $30,800,000.
(3) For defense nuclear materials production:
locations,
$23,000,000.
surveillance,
Richland, Washington, $4,000,000.
National
Engineering Laboratory, Idaho, $4,400,000.
Idaho
Fuel Processing Facility, Idaho National
Engineering Laboratory,
Idaho, $40,000,000.
unspecified,
(A-E only) $10,000,000.
JB
line, Savannah River Plant, South Carolina, (A-E
only)
$2,000,000.
for
a total project authorization of $5,300,000.
project
authorization of $49,400,000.
project authorization
of $8,000,000.
project authorization
of $115,000,000.
Fuels
Processing Facility, Idaho, $5,000,000, for a total
project
authorization of $28,500,000.
Facility,
Idaho National Engineering Laboratory,
Idaho, $50,000,000,
for a total project authorization of $199,400,000.
(4) For defense nuclear materials byproducts management:
locations,
$11,400,000.
facilities,
Richland, Washington, $34,450,000.
Carolina, $20,000,000.
Mexico,
$38,600,000, for a total project authorization
of $157,600,000.
(5) For capital equipment not related to construction:
fusion, $11,000,000.
production, $73,600,000.
Sec. 201. (a) Except as otherwise provided in this Act--,
(1) no amount appropriated pursuant to this Act may be used for
any program in excess of 105 percent of the amount authorized for
that program by this Act or $10,000,000 more than the amount
authorized for that program by this Act, whichever is the lesser,
and
(2) no amount appropriated pursuant to this Act may be used for
any program which has not been presented to, or requested of, the
Congress,
unless a period of thirty calendar days (not including any day on which
either House of Congress is not in session because of adjournment of
more than three calendar days to a day certain) has passed after receipt
by the appropriate committees of Congress of notice from the Secretary
of Energy (hereinafter in this title referred to as the " Secretary")
containing a full and complete statement of the action proposed to be
taken and the facts and circumstance relied upon in support of such
proposed action, or unless each such committee before the expiration of
such period has transmitted to the Secretary written notice to the
effect that such committee has no objection to the proposed action.
(b) In no event may the total amount of funds obligated pursuant to
this Act exceed the total amount authorized to be appropriated by this
Act.
Sec. 202. (a) The Secretary may carry out any construction project
under the general plant projects provisions authorized by this Act if
the total estimated cost of the construction project does not exceed
$1,000,000.
(b) If at any time during the construction of any general plant
project authorized by this Act, the estimated cost of the project is
revised because of unforeseen cost variations and the revised cost of
the project exceeds $1,000,000, the Secretary shall immediately furnish
a complete report to the appropriate committees of Congress explaining
the reasons for the cost variation.
(c) In no event may the total amount of funds obligated to carry out
all general plant projects authorized by this Act exceed the total
amount authorized to be appropriated for such projects by this Act.
Sec. 203. (a) Whenever the current estimated cost of a construction
project which is authorized by section 102 of this Act, or which is in
support of national security programs of the Department of Energy and
was authorized by any previous Act, exceeds by more than 25 percent the
higher of (1) the amount authorized for the project, or (2) the amount
of the total estimated cost for the project as shown in the most recent
budget justification data submitted to the Congress, construction may
not be started or additional obligations incurred in connection with the
project above the total estimated cost, as the case may be, unless a
period of thirty calendar days (not including any day on which either
House of Congress is not in session because of adjournment of more than
three days to a day certain) has passed after receipt by the appropriate
committees of the Congress of written notice from the Secretary
containing a full and complete statement of the action proposed to be
taken and the facts and circumstance relied upon in support of the
action, or unless each committee before the expiration of such period
has notified the Secretary it has no objection to the proposed action.
(b) Subsection (a) shall not apply to any construction project which
has a current estimated cost of less than $5,000,000.
Sec. 204. To the extent specified in appropriation Acts, funds
appropriated pursuant to this Act may be transferred to other agencies
of the Government for the performance of the work for which the funds
were appropriated, and funds so transferred may be merged with the
appropriations of the agency to which the funds are transferred.
Sec. 205. (a)(1) Within the amount by this Act for plant engineering
and design, the Secretary may carry out advance planning and
construction designs (including architectural and engineering services)
in connection with any proposed construction project if the total
estimated cost for such planning and design does not exceed $2,000,000.
(2) In any case in which the total estimated cost for such planning
and design exceeds $300,000, the Secretary shall notify the appropriate
committees of Congress in writing of the details of such project at
least thirty days before any funds are obligated for design services for
such project.
(b) In any case in which the total estimated cost for advance
planning and construction design in connection with any construction
project exceeds $2,000,000, funds for such design must be specifically
authorized by law.
Sec. 206. In addition to the advance planning and construction
design authorized by section 102, the Secretary may perform planning and
design utilizing available funds for any Department of Energy defense
activity construction project whenever the Secretary determines that the
design must proceed expeditiously in order to meet the needs of national
defense or to protect property or human life.
OF THE
DEPARTMENT OF ENERGY
Sec. 207. Subject to the provisions of appropriation Acts, amounts
appropriated pursuant to this Act for management and support activities
and for general plant projects are available for use, when necessary, in
connection with all national security programs of the Department of
Energy.
Sec. 208. Appropriations authorized by this Act for salary, pay,
retirement, or other benefits for Federal employees may be increased by
such amounts as may be necessary for increases in such benefits
authorized by law.
Sec. 209. When so specified in an appropriation Act, amounts
appropriated for " Operating Expenses" or for " Plant and Capital
Equipment" may remain available until expended.
Sec. 210. (a)(1) The Atomic Energy Act of 1954 (42 U.S.C. 2011 et
seq.) is amended by inserting after section 147 the following new
section:
Sec. 148. // 42 USC 2168. // Prohibition Against the Dissemination
of Certain Unclassified Information.--,
"a. (1) In addition to any other authority or requirement regarding
protection from dissemination of information, and subject to section
552(b)(3) of title 5, United States Code, the Secretary of Energy
(hereinafter in this section referred to as the ' Secretary') shall
prescribe such regulations, after notice and opportunity for public
comment thereon, or issue such orders as may be necessary to prohibit
the unauthorized dissemination of unclassified information pertaining
to--,
"(A) the design of production facilities or utilization
facilities;
(B) security measures (including security plans, procedures,
and equipment) for the physical protection of (i) production or
utilization facilities, (ii) nuclear material contained in such
facilities, or (iii) nuclear material in transit; or
"(C) the design, manufacture, or utilization of any atomic
weapon or component if the design, manufacture, or utilization of
such weapon or component was contained in any information
declassified or removed from the Restricted Data category by the
Secretary (or the head of the predecessor agency of the Department
of Energy) pursuant to section 142.
// 42 USC 2162. //
"(2) The Secretary may prescribe regulations or issue orders under
paragraph (1) to prohibit the dissemination of any information described
in such paragraph only if and to the extent that the Secretary
determines that the unauthorized dissemination of such information could
reasonably be expected to have a significant adverse effect on the
health and safety of the public or the common defense and security by
significantly increasing the likelihood of (A) illegal production of
nuclear weapons, or (B) theft, diversion, or sabotage of nuclear
materials, equipment, or facilities.
"(3) In making a determination under paragraph (2), the Secretary may
consider what the likelihood of an illegal production, theft, diversion,
or sabotage referred to in such paragraph would be if the information
proposed to be prohibited from dissemination under this section were at
no time available for dissemination.
"(4) The Secretary shall exercise his authority under this subsection
to prohibit the dissemination of any information described in subsection
a. (1)--,
"(A) so as to apply the minimum restrictions needed to protect
the health and safety of the public or the common defense and
security; and
"(B) upon a determination that the unauthorized dissemination
of such information could reasonably be expected to result in a
significant adverse effect on the health and safety of the public
or the common defense and security by significantly increasing the
likelihood of (i) illegal production of nuclear weapons, or (ii)
theft, diversion, or sabotage of nuclear materials, equipment, or
facilities.
"(5) Nothing in this section shall be construed to authorize the
Secretary to authorize the withholding of information from the
appropriate committees of the Congress.
"b. (1) Any person who violates any regulation or order of the
Secretary issued under this section with respect to the unauthorized
dissemination of information shall be subject to a civil penalty, to be
imposed by the secretary, of not to exceed $100,000 for each such
violation. The Secretary may compromise, mitigate, or remit any penalty
imposed under this subsection. "(2) The provisions of subsections b. and
c. of section 234 of this Act // 42 USC 2282. // shall be applicable
with respect to the imposition of civil penalties by the Secretary under
this section in the same manner that such provisions are applicable to
the imposition of civil penalties by the Commission under subsection a.
of such section.
"c. For the purposes of section 223 of this Act, // 42 USC 2273. //
any regulation prescribed or order by the Secretary under this section
shall also be deemed to be prescribed or issued under section 161b. of
this Act.". // 42 USC 2201. //
(2) The table of contents at the beginning of such Act is amended by
inserting after the item relating to section 147 the following new item:
" Sec. 148. Prohibition Against the Disclosure of Certain
Unclassified Information.".
(b) Section 181 of such Act (42 U.S.C. 2231) is amended--,
(1) by striking out "or" before "safeguards information
protected";
(2) by inserting "or information protected from dissemination
under the authority of section 148" after "section 147"; and
(3) by striking out ", defense information, or such safeguards
information," each place it appears and inserting in lieu thereof
", defense information, such safeguards information, or
information protected from dissemination under the authority of
section
148".
FIREARMS
UNDER THE ATOMIC ENERGY ACT OF 1954
Sec. 211. Section 161 k. of the Atomic Energy Act of 1954 (42 U.S.
C. 2201(k)) is amended by striking out the semicolon and inserting in
lieu thereof a period and the following: " A person authorized to carry
firearms under this subsection may, while in the performance of, and in
connection with, official duties, make arrests without warrant for any
offense against the United States committed in that person's presence or
for any felony cognizable under the laws of the United States if that
person has reasonable grounds to believe that the individual to be
arrested has committed or is committing such felony. A person granted
authority to make arrests by this subsection may exercise that authority
only in the enforcement of (1) laws regarding the property of the United
States in the custody of the Department of Energy, the Nuclear
Regulatory Commission, or a contractor of the Department of Energy or
Nuclear Regulatory Commission, or (2) any provision of this Act that may
subject an offender to a fine, imprisonment, or both. The arrest
authority conferred by this subsection is in addition to any arrest
authority under other laws;".
COMPLEX
Sec. 212. (a) None of the funds appropriated pursuant to an
authorization of appropriations contained in this Act may be obligated
or expended for the purpose of preparing any environmental impact
statement not already in the process of preparation with respect to the
operation of any defense facility of the Department of Energy unless the
preparation of such statement is required by statute.
(b) (1) The Secretary may not proceed with the preparation of an
environmental impact statement relating to the construction or operation
of a defense facility of the Department of Energy if the estimated cost
of preparing such statement exceeds $250,000 unless--,
(A) the Secretary has notified the Committees on Armed Services
of the Senate and the House of Representatives of his intent to
prepare such statement and a period of thirty days has expired
after the date on which such notice was received by such
committees; or
(B) the Secretary has received from each such committee, before
the expiration of such thirty-day period, a written notice that
the committee agrees with the decision of the Secretary regarding
the preparation of such statement.
(2) The provisions of paragraph (1) shall not apply in the case of
any environmental impact statement on which the Secretary began
preparation before the date of the enactment of this Act.
ATOMIC ENERGY
DEFENSE ACTIVITIES
Sec. 213. // 42 USC 2021a // (a) The President shall submit to the
Committees on Armed Services of the Senate and of the House of
Representatives not later than June 30, 1983, a report which sets forth
his plans for the permanent disposal of high-level and transuranic
wastes resulting from atomic energy defense activities.
(b) Such report shall include, but not be limited to, for each State
in which such wastes are stored in interim storage facilities on the
date of enactment of this Act--,
(1) specific estimates of amounts planned for expenditure in
each of the next five fiscal years to achieve the permanent
disposal of such wastes and general estimates of amounts planned
for expenditure in fiscal years thereafter to achieve such
purpose; and
(2) a thorough and detailed program management plan for the
disposal of such wastes, including but not limited to--,
further
processing and permanent disposal of such wastes;
milestones,
key events, and critical path items.
Approved December 4, 1981.
LEGISLATIVE HISTORY- H.R. 3413 (S. 1549):
HOUSE REPORTS: No. 97 - 45 (Comm. on Armed Services) and No. 97 -
342 (Comm. of Conference).
SENATE REPORT No. 97 - 173 accompanying S. 1549 (Comm. on Armed
Services).
CONGRESSIONAL RECORD, Vol. 127 (1981):
June 11, considered and passed House.
Nov. 3, considered and passed Senate, amended, in lieu of S.
1549.
Nov. 19, House and Senate agreed to conference report.
PUBLIC LAW 97-89, 95 STAT, 1150, INTELLIGENCE AUTHORIZATION ACT FOR
FISCAL YEAR 1982
intelligence and intelligence--,
related activities of the United States Government,
for the Intelligence Community
Staff, and for the Central Intelligence Agency
Retirement and Disability
System, to authorize supplemental appropriations for
fiscal year 1981 for the
intelligence and intelligence-related activities of the
United States Government,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may be
cited as the " Intelligence Authorization Act for Fiscal Year 1982".
Sec. 101. Funds are hereby authorized to be appropriated for fiscal
year 1982 for the conduct of the intelligence and intelligence-related
activities of the following agencies of the United States Government:
(1) The Central Intelligence Agency.
(2) The Department of Defense.
(3) The Defense Intelligence Agency.
(4) The National Security Agency.
(5) The Department of the Army, the Department of the Navy, and
the Department of the Air Force.
(6) The Department of State.
(7) The Department of the Treasury.
(8) The Department of Energy.
(9) The Federal Bureau of Investigation.
(10) The Drug Enforcement Administration.
Sec. 102. The amounts authorized to be appropriated under section
101, and the authorized personnel ceilings as of September 30, 1982, for
the conduct of the intelligence and intelligence-related activities of
the agencies listed in such section, are those specified in the
classified Schedule of Authorizations prepared by the committee of
conference to accompany H.R. 3454 of the Ninety-seventh Congress. That
Schedule of Authorizations shall be made available to the Committees on
Appropriations of the Senate and House of Representatives and to the
President. The President shall provide for suitable distribution of the
Schedule, or of appropriate portions of the Schedule, within the
executive branch.
OF
PROGRAM AUTHORIZATIONS
Sec. 103. During fiscal year 1982, funds may not be available for
any activity for which funds are authorized to be appropriated by this
Act unless such funds have been specifically authorized for such
activity or, in the case of funds appropriated for a different activity,
unless the Director of Central Intelligence or the Secretary of Defense
has notified the appropriate committees of Congress of the intent to
make such funds available for such activity.
Sec. 104. In addition to the amounts authorized to be apropriated
under section 101(9), there is authorized to be appropriated for
fiscal
year 1982 the sum of $11,900,000 for the conduct of the activities of
the Federal Bureau of Investigation to counter terrorism in the United
States.
Sec. 201. There is authorized to be appropriated for the
Intelligence Community Staff for fiscal year 1982 the sum of
$13,600,000.
Sec. 202. (a) The Intelligence Community Staff is authorized two
hundred and twenty full-time personnel as of September 30, 1982. Such
personnel may be permanent employees of the Intelligence Community Staff
or personnel detailed from other elements of the United States
Government.
(b) During fiscal year 1982, personnel of the Intelligence Community
Staff shall be selected so as to provide appropriate representation from
elements of the United States Government engaged in intelligence and
intelligence-related activities.
(c) During fiscal year 1982, any officer or employee of the United
States or member of the Armed Forces who is detailed to the Intelligence
Community Staff from another element of the United States Government
shall be detailed on a reimbursable basis, except that any such officer,
employee, or member may be detailed on a nonreimbursable basis for a
period of less than one year for the performance of temporary functions
as required by the Director of Central Intelligence.
MANNER AS
CENTRAL INTELLIGENCE AGENCY
Sec. 203. During fiscal year 1982, activities and personnel of the
Intelligence Community Staff shall be subject to the provisions of the
National Security Act of 1947 (50 U.S.C. 401 et seq.) and the Central
Intelligence Agency Act of 1949 (50 U.S.C. 403a-4031) // 50 USC
403a-403l. // in the same manner as activities and personnel of the
Central Intelligence Agency.
Sec. 301. There is authorized to be appropriated for the Central
Intelligence Agency Retirement and Disability Fund for fiscal year 1982
the sum of $84,600,000.
Sec. 401. In addition to the funds authorized to be appropriated
under title I of the Intelligence Authorization Act for Fiscal Year 1981
(Public Law 96 - 450; 94 Stat. 1975), funds are hereby authorized to be
appropriated for fiscal year 1981 for the conduct of the intelligence
and intelligence-related activities of the United States Government.
The amounts authorized to be appropriated under the preceding sentence
are those specified for that purpose in the classified Schedule of
Authorizations described in section 102.
AGENCY
PERSONNEL
Sec. 501. Section 4 of the Central Intelligence Agency Act of 1949
(50 U.S.C. 403e) is amended--,
(1) by inserting "(a)" before " Under such regulations"; and
(2) by adding at the end thereof the following new subsection:
"(b)(1) The Director may pay to officers and employees of the Agency,
and to persons detailed or assigned to the Agency from other agencies of
the Government or from the Armed Forces, allowances and benefits
comparable to the allowances and benefits authorized to be paid to
members of the Foreign Service under chapter 9 of title I of the Foreign
Service Act of 1980 (22 U.S.C. 4081 et seq.) or any other provision of
law.
"(2) The Director may pay allowances and benefits related to
officially authorized travel, personnel and physical security
activities, operational activities, and cover-related activities
(whether or not such allowances and benefits are otherwise authorized
under this section or any other provision of law) when payment of such
allowances and benefits is necessary to meet the special requirements of
work related to such activities. Payment of allowances and benefits
under this paragraph shall be in accordance with regulations prescribed
by the Director. Rates for allowances and benefits under this paragraph
may not be set at rates in excess of those authorized by section 5724
and 5724a of title 5, United States Code, when reimbursement is provided
for relocation attributable, in whole or in part, to relocation within
the United States.
"(3) Notwithstanding any other provision of this section or any other
provision of law relating to the officially authorized travel of
Government employees, the Director, in order to reflect Agency
requirements no taken into account in the formulation of Government--,
wide travel procedures, may by regulation--,
"(A) authorize the travel of officers and employees of the
Agency, and of persons detailed or assigned to the Agency from
other agencies of the Government or from the Armed Forces who are
engaged in the performance of intelligence functions, and
"(B) provide for payment for such travel, in classes of cases,
as determined by the Director, in which such travel is important
to the performance of intelligence functions.
"(4) Members of the Armed Forces may not receive benefits under both
this section and title 37, United States Code, for the same purpose.
The Director and Secretary of Defense shall prescribe joint regulations
to carry out the preceding sentence.
"(5) Regulations issued pursuant to this subsection shall be
submitted to the Permanent Select Committee on Intelligence of the House
of Representatives and the Select Committee on Intelligence of the
Senate before such regulations take effect.".
Sec. 502. Subsection (d) of section 5 of the Central Intelligence
Agency Act of 1949 (50 U.S.C. 403f(d)) is amended to read as follows:
"(d) Authorize personnel designated by the Director to carry firearms
to the extent necessary for the performance of the Agency's authorized
functions, except that, within the United States, such authority shall
be limited to the purposes of protection of classified materials and
information, the training of Agency personnel and other authorized
persons in the use of firearms, the protection of Agency installations
and property, and the protection of Agency personnel and of defectors,
their families, and other persons in the United States under Agency
auspices; and".
NAME,
INITIALS, OR SEAL
Sec. 503. The Central Intelligence Agency Act of 1949 (50 U.S.C.
403a et seq.) is amended by adding at the end thereof the following new
section:
" Sec. 13. // 50 USC 403m. // (a) No person may, except with the
written permission of the Director, knowingly use the words ' Central
Intelligence Agency', the initials ' CIA', the seal of the Central
Intelligence Agency, or any colorable imitation of such words, initials,
or seal in connection with any merchandise, impersonation, solicitation,
or commercial activity in a manner reasonably calculated to convey the
impression that such use is approved, endorsed, or authorized by the
Central Intelligence Agency.
"(b) Whenever it appears to the Attorney General that any person is
engaged or is about to engage in an act or practice which constitutes or
will constitute conduct prohibited by subsection (a), the Attorney
General may initiate a civil proceeding in a district court of the
United States to enjoin such act or practice. Such court shall proceed
as soon as practicable to the hearing and determination of such action
and may, at any time before final determination, enter such restraining
orders or prohibitions, or take such other action as is warranted, to
prevent injury to the United States or to any person or class of persons
for whose protection the action is brought.".
Sec. 504. (a) Subsection (a) of section 303 of the National Security
Act of 1947 (50 U.S.C. 405) is amended by striking out "at a rate not to
exceed $50 for each day of service" in the last sentence and inserting
in lieu thereof the following: "at a daily rate not to exceed the daily
equivalent of the rate of pay in effect for grade GS-18 of the General
Schedule established by section 5332 of title 5, United States Code". //
5 USC 5332 //
(b) Subsection (b) of such section is amended by striking out
"section 281, 283, or 284 of title 18" and inserting in lieu thereof
"section 203, 205, or 207 of title 18".
Sec. 601. (a) Subsection (b)(1) of section 9 of the National
Security Agency Act of 1959 (50 U.S.C. 402 note) // 50 USC 402 // is
amended to read as follows:
"(1) allowances and benefits--,
chapter 9 of
title I of the Foreign Service Act of 1980 (22
U.S.C. 4081 et
seq.) or any other provision of law; and
circumstances
similar to those in which personnel of the Central
Intelligence Agency serve, comparable to those
provided by
the Director of Central Intelligence to personnel of
the
Central Intelligence Agency; and".
(b) Such section is further amended by adding at the end thereof the
following new subsections:
"(d) Members of the Armed Forces may not receive benefits under both
subsection (b)(1) and title 37, United States Code, for the same
purpose. The Secretary of Defense shall prescribe such regulations as
may be necessary to carry out this subsection.
"(e) Regulations issued pursuant to subsection (b)(1) shall be
submitted to the Permanent Select Committee on Intelligence of the House
of Representatives and the Select Committee on Intelligence of the
Senate before such regulations take effect.".
PROGRAMS
Sec. 602. The National Security Agency Act of 1959 is amended--,
(1) by inserting after section 9 the following:
" Sec. 10. // 50 USC 402 // (a) The Director of the National Security
Agency shall arrange for, and shall prescribe regulations concerning,
language and language-related training programs for military and
civilian cryptologic personnel. In establishing programs under this
section for language and language-related training, the Director--,
"(1) may provide for the training and instruction to be
furnished, including functional and geographic area
specializations;
"(2) may arrange for training and instruction through other
Government agencies and, in any case in which appropriate training
or instruction is unavailable through Government facilities,
through nongovernmental facilities that furnish training and
instruction useful in the fields of language and foreign affairs;
"(3) may support programs that furnish necessary language and
language-related skills, including, in any case in which
appropriate programs are unavailable at Government facilities,
support through contracts, grants, or cooperation with
nongovernmental educational institutions; and
"(4) may obtain by appointment or contract the services of
individuals to serve as language instructors, linguists, or
special language project personnel.
"(b)(1) In order to maintain necessary capability in foreign language
skills and related abilities needed by the National Security Agency, the
Director, without regard to subchapter IV of chapter 55 of title 5,
United States Code, // 5 USC 5531. // may provide special monetary or
other incentives to encourage civilian cryptologic personnel of the
Agency to acquire or retain proficiency in foreign languages or special
related abilities needed by the Agency.
"(2) In order to provide linguistic training and support for
cryptologic personnel, the Director--,
"(A) may pay all or part of the tuition and other expenses
related to the training of personnel who are assigned or detailed
for language and language-related training, orientation, or
instruction; and
"(B) may pay benefits and allowances to civilian personnel in
accordance with chapters 57 and 59 of title 5, United States Code,
// 5 USC 5701, 5901 //
and to military personnel in accordance with chapter 7 of title
37, United States Code,
// 37 USC 401 //
and applicable provisions of title 10, United States Code, when
such personnel are assigned to training at sites away from their
designated duty station.
"(c)(1) To the extent not inconsistent, in the opinion of the
Secretary of Defense, with the operation of military cryptologic reserve
units and in order to maintain necessary capability in foreign language
skills and related abilities needed by the National Security Agency, the
Director may establish a cryptologic linguist reserve. The cryptologic
linguist reserve may consist of former or retired civilian or military
cryptologic personnel of the National Security Agency and of other
qualified individuals, as determined by the Director of the Agency.
Each member of the cryptologic linguist reserve shall agree that, during
any period of emergency (as determined by the Director), the member
shall return to active civilian status with the National Security Agency
and shall perform such linguistic or linguistic-related duties as the
Director may assign.
"(2) In order to attract individuals to become members of the
cryptologic linguist reserve, the Director, without regard to subchapter
IV of chapter 55 of title 5, United States Code, may provide special
monetary incentives to individuals eligible to become members of the
reserve who agree to become members of the cryptologic linguist reserve
and to acquire or retain proficiency in foreign languages or special
related abilities.
"(3) In order to provide training and support for members of the
cryptologic linguist reserve, the Director--,
"(A) may pay all or part of the tuition and other expenses
related to the training of individuals in the cryptologic linguist
reserve who are assigned or detailed for language and language--,
related training, orientation, or instruction; and
"(B) may pay benefits and allowances in accordance with
chapters 57 and 59 of title 5, United States Code, to individuals
in the cryptologic linguist reserve who are assigned to training
at sites away from their homes or regular places of business.
"(d)(1) The Director, before providing training under this section to
any individual, may obtain an agreement with that individual that--,
"(A) in the case of current employees, pertains to continuation
of service of the employee, and repayment of the expenses of such
training for failure to fulfill the agreement, consistent with the
provisions of section 4108 of title 5, United States Code; and
"(B) in the case of individuals accepted for membership in the
cryptologic linguist reserve, pertains to return to service when
requested, and repayment of the expenses of such training for
failure to fulfill the agreement, consistent with the provisions
of section 4108 of title 5, United States Code.
"(2) The Director, under regulations prescribed under this section,
may waive, in whole or in part, a right of recovery under an agreement
made under this subsection if it is shown that the recovery would be
against equity and good conscience or against the public interest.
"(e)(1) Subject to paragraph (2), the Director may provide to family
members of military and civilian cryptologic personnel assigned to
representational duties outside the United States, in anticipation of
the assignment of such personnel outside the United States or while
outside the United States, appropriate orientation and language training
that is directly related to the assignment abroad.
"(2) Language training under paragraph (1) may not be provided to any
individual through payment of the expenses of tuition or other cost of
instruction at a non-Government educational institution unless
appropriate instruction is not available at a Government facility.
"(f) The Director may waive the applicability of any provision of
chapter 41 of title 5, United States Code, // 5 USC 4101 // to any
provision of this section if he finds that such waiver is important to
the performance of cryptologic functions.
"(g) The authority of the Director to enter into contracts or to make
grants under this section is effective for any fiscal year only to the
extent that appropriated funds are available for such purpose.
"(h) Regulations issued pursuant to this section shall be submitted
to the Permanent Select Committee on Intelligence of the House of
Representatives and the Select Committee on Intelligence of the Senate
before such regulations take effect."; and
(2) by striking out " Sec. 10." before " The Director" and
inserting in lieu thereof "(i)".
RESEARCH
GRANTS; CRYPTOLOGIC PROCUREMENT; MISUSE OF AGENCY
NAME
Sec. 603. The National Security Agency Act of 1959 is amended by
adding at the end thereof the following new sections:
" Sec. 12. // 50 USC 402 // (a)(1) The Secretary of Defense (or his
designee) may by regulation establish a personnel system for senior
civilian cryptologic personnel in the National Security Agency to be
known as the Senior Cryptologic Executive Service. The regulations
establishing the Senior Cryptologic Executive Service shall--,
"(A) meet the requirements set forth in section 3131 of title
5, United States Code, for the Senior Executive Service;
"(B) provide that positions in the Senior Cryptologic Executive
Service meet requirements that are consistent with the provisions
of section 3132(a)(2) of such title;
"(C) provide, without regard to section 2,
// 50 USC 402 //
rates of pay for the Senior Cryptologic Executive Service that are
not in excess of the maximum rate or less than the minimum rate of
basic pay established for the Senior Executive Service under
section 5382 of such title, and that are adjusted at the same time
and to the same extent as rates of basic pay for the Senior
Executive Service are adjusted;
"(D) provide a performance appraisal system for the Senior
Cryptologic Executive Service that conforms to the provisions of
subchapter II of chapter 43 of such title;
// 5 USC 4311. //
"(E) provide for removal consistent with section 3592 of such
title,
// 5 USC 3592. //
and removal or suspension consistent with subsections (a), (b),
and (c) of section 7543 of such title (except that any hearing or
appeal to which a member of the Senior Cryptologic Executive
Service is entitled shall be held or decided pursuant to
procedures established by regulations of the Secretary of Defense
or his designee);
"(F) permit the payment of performance awards to members of the
Senior Cryptologic Executive Service consistent with the
provisions applicable to performance awards under section 5384 of
such title; and
"(G) provide that members of the Senior Cryptologic Executive
Service may be granted sabbatical leaves consistent with the
provisions of section 3396(c) of such title.
"(2) Except as otherwise provided in subsection (a), the Secretary of
Defense (or his designee) may--,
"(A) make applicable to the Senior Cryptologic Executive
Service any of the provisions of title 5, United States Code,
applicable to applicants for or members of the Senior Executive
Service; and
"(B) appoint, promote, and assign individuals to positions
established within the Senior Cryptologic Executive Service
without regard to the provisions of title 5, United States Code,
governing appointments and other personnel actions in the
competitive service.
"(3) The President, based on the recommendations of the Secretary of
Defense, may award ranks to members of the Senior Cryptologic Executive
Service in a manner consistent with the provisions of section 4507 of
title 5, United States Code.
"(4) Notwithstanding any other provision of this section, the
Director of the National Security Agency may detail or assign any member
of the Senior Cryptologic Executive Service to serve in a position
outside the National Security Agency in which the member's expertise and
experience may be of benefit to the National Security Agency or another
Government agency. Any such member shall not by reason of such detail
or assignment lose any entitlement or status associated with membership
in the Senior Cryptologic Executive Service.
"(5) The Director of the National Security Agency shall each year
submit to the Permanent Select Committee on Intelligence of the House of
Representatives and the Select Committee on Intelligence of the Senate,
at the time the Budget is submitted by the President to the Congress for
the next fiscal year, a report on executive personnel in the National
Security Agency. The report shall include--,
"(A) the total number of positions added to or deleted from the
Senior Cryptologic Executive Service during the preceding fiscal
year;
"(B) the number of executive personnel (including all members
of the Senior Cryptologic Executive Service) being paid at each
grade level and pay rate in effect at the end of the preceding
fiscal year;
"(C) the number, distribution, and amount of awards paid to
members of the Senior Cryptologic Executive Service during the
preceding fiscal year; and
"(D) the number of individuals removed from the Senior
Cryptologic Executive Service during the preceding fiscal year for
less than fully successful performance.
"(b) The Secretary of Defense (or his designee) may by regulation
establish a merit pay system for such employees of the National Security
Agency as the Secretary of Defense (or his designee) considers
appropriate. The merit pay system shall be designed to carry out
purposes consistent with those set forth in section 5401(a) of title 5,
United States Code.
"(c) Nothing in this section shall be construed to allow the
aggregate amount payable to a member of the Senior Cryptologic Executive
Service under this section during any fiscal year to exceed the annual
rate payable for positions at level I of the Executive Schedule // 5 USC
5312. // in effect at the end of such year.
" Sec. 13. // 50 USC 402 // (a) The Director of the National Security
Agency may make grants to private individuals and institutions for the
conduct of cryptologic research. An application for a grant under this
section may not be approved unless the Director determines that the
award of the grant would be clearly consistent with the national
security.
"(b) The grant program established by subsection (a) shall be
conducted in accordance with the Federal Grant and Cooperative Agreement
Act of 1977 (41 U.S.C. 501 et seq.) to the extent that such Act // 41
USC 505. // is consistent with and in accordance with section 6 of this
Act.
"(c) The authority of the Director to make grants under this section
is effective for any fiscal year only to the extent that appropriated
funds are available for such purpose.
" Sec. 14. // 50 USC 402 // Funds appropriated to an entity of the
Federal Government other than an element of the Department of Defense
that have been specifically appropriated for the purchase of cryptologic
equipment, materials, or services with respect to which the National
Security Agency has been designated as the central source of procurement
for the Government shall remain available for a period of three fiscal
years.
" Sec. 15. // 50 USC 402 // (a) No person may, except with the
written permission of the Director of the National Security Agency,
knowingly use the words ' National Security Agency', the initials '
NSA', the seal of the National Security Agency, or any colorable
imitation of such words, initials, or seal in connection with any
merchandise, impersonation, solicitation, or commercial activity in a
manner reasonably calculated to convey the impression that such use is
approved, endorsed, or authorized by the National Security Agency.
"(b) Whenever it appears to the Attorney General that any person is
engaged or is about to engage in an act or practice which constitutes or
will constitute conduct prohibited by subsection (a), the Attorney
General may initiate a civil proceeding in a district court of the
United States to enjoin such act or practice. Such court shall proceed
as soon as practicable to the hearing and determination of such action
and may, at any time before final determination, enter such restraining
orders or prohibitions, or take such other action as is warranted, to
prevent injury to the United States or to any person or class of persons
for whose protection the action is brought.".
PAY SYSTEM
Sec. 701. (a)(1) Part II subtitle A of title 10, United States Code,
is amended by adding at the end thereof the following new chapter:
" Sec.
"1601. Defense Intelligence Senior Executive Service.
"1602. Defense Intelligence Agency merit pay system.
"1603. Limit on pay.
" Section 1601. // 10 USC 1601. // Defense Intelligence Senior
Executive Service
"(a) The Secretary of Defense may by regulation establish a personnel
system for senior civilian personnel within the Defense Intelligence
Agency to be known as the Defense Intelligence Senior Executive Service.
The regulations establishing the Defense Intelligence Senior Executive
Service shall--,
"(1) meet the requirements set forth in section 3131 of title 5
for the Senior Executive Service;
"(2) provide that positions in the Defense Intelligence Senior
Executive Service meet requirements that are consistent with the
provisions of section 3132(a)(2) of title 5;
"(3) provide rates of pay for the Defense Intelligence Senior
Executive Service that are not in excess of the maximum rate or
less than the minimum rate of basic pay established for the Senior
Executive Service under section 5382 of title 5, and that are
adjusted at the same time and to the same extent as rates of basic
pay for the Senior Executive Service are adjusted;
"(4) provide a performance appraisal system for the Defense
Intelligence Senior Executive Service that conforms to the
provisions of subchapter II of chapter 43 of title 5;
// 5 USC 4311. //
"(5) provide for removal consistent with section 3592 of such
title, and removal or suspension consistent with subsections (a),
(b), and (c) of section 7543 of title 5 (except that any hearing
or appeal to which a member of the Defense Intelligence Senior
Executive Service is entitled shall be held or decided pursuant to
procedures established by regulations of the Secretary of
Defense);
"(6) permit the payment of performance awards to members of the
Defense Intelligence Senior Executive Service consistent with the
provisions applicable to performance awards under section 5384 of
title 5; and
"(7) provide that members of the Defense Intelligence Senior
Executive Service may be granted sabbatical leaves consistent with
the provisions of section 3396(c) of title 5.
"(b) Except as otherwise provided in subsection (a), the Secretary of
Defense may--,
"(1) make applicable to the Defense Intelligence Senior
Executive Service any of the provisions of title 5
// 5 USC 101. //
applicable to applicants for or members of the Senior Executive
Service; and
"(2) appoint, promote, and assign individuals to positions
established within the Defense Intelligence Senior Executive
Service without regard to the provisions of title 5 governing
appointments and other personnel actions in the competitive
service.
"(c) The President, based on the recommendations of the Secretary of
Defense, may award ranks to members of the Defense Intelligence Senior
Executive Service in a manner consistent with the provisions of section
4507 of title 5.
"(d) Notwithstanding any other provision of this section, the
Secretary of Defense may detail or assign any member of the Defense
Intelligence Senior Executive Service to serve in a position outside the
Defense Intelligence Agency in which the member's expertise and
experience may be of benefit to the Defense Intelligence Agency or
another Government agency. Any such member shall not by reason of such
detail or assignment lose any entitlement or status associated with
membership in the Defense Intelligence Senior Executive Service.
"(e) The Secretary of Defense shall each year submit to the Permanent
Select Committee on Intelligence of the House of Representatives and the
Select Committee on Intelligence of the Senate, at the time the Budget
is submitted by the President to the Congress for the next fiscal year,
a report on the executive personnel in the Defense Intelligence Agency.
The report shall include--,
"(1) the total number of positions added to or deleted from the
Defense Intelligence Senior Executive Service during the preceding
fiscal year;
"(2) the number of executive personnel (including all members
of the Defense Intelligence Senior Executive Service) being paid
at each grade level and pay rate in effect at the end of the
preceding fiscal year;
"(3) the number, distribution, and amount of awards paid to
members of the Defense Intelligence Senior Executive Service
during the preceding fiscal year; and
"(4) the number of individuals removed from the Defense
Intelligence Senior Executive Service during the preceding fiscal
year for less than fully successful performance.
" Section 1602. // 10 USC 1602. // Defense Intelligence Agency merit
pay system
" The Secretary of Defense may by regulation establish a merit pay
system for such employees of the Defense Intelligence Agency as the
Secretary considers appropriate. The merit pay system shall be designed
to carry out purposes consistent with those set forth in section 5401(a)
of title 5.
" Section 1603. // 10 USC 1603. // Limit on pay
" Nothing in this chapter shall be construed to allow the aggregate
amount payable to a member of the Defense Intelligence Senior Executive
Service under this chapter during any fiscal year to exceed the annual
rate payable for positions at level I of the Executive Schedule // 5 USC
5312 // in effect at the end of such year.".
(2) The table of chapters at the beginning of subtitle A of title 10,
United States Code, and the table of chapters at the beginning of part
II of such subtitle, are amended by adding after the item relating to
chapter 81 the following new item:
"83. Defense Intelligence Agency Civilian Personnel 1601".
(b) The authority of the Secretary of Defense under chapter 83 of
title 10, United States Code, // 10 USC 1601 // as added by subsection
(a), may be delegated in accordance with section 133(d) of title 10,
United States Code.
Sec. 801. Section 2108(3) of title 5, United States Code, is amended
by striking out "or the General Accounting Office" and inserting in lieu
thereof ", the Defense Intelligence Senior Executive Service, the Senior
Cryptologic Executive Service, or the General Accounting Office".
LIMITATION
Sec. 802. Section 6304 of title 5, United States Code, is amended by
striking out subsections (f) and (g) and inserting in lieu thereof the
following:
"(f) Annual leave accrued shall not be subject to the limitation on
accumulation otherwise imposed by this section if such leave is accrued
by an individual while serving in a position in--,
"(1) the Senior Executive Service;
"(2) the Senior Foreign Service;
"(3) the Defense Intelligence Senior Executive Service; or
"(4) the Senior Cryptologic Executive Service.".
Sec. 803. Section 8336 of title 5, United States Code, is amended by
inserting "(1)" after "(h)" and by adding at the end thereof the
following new paragraph:
"(2) A member of the Defense Intelligence Senior Executive Service or
the Senior Cryptologic Executive Service who is removed from such
service for less than fully successful executive performance after
completing 25 years of service or after becoming 50 years of age and
completing 20 years of service is entitled to an annuity.".
Sec. 804. Appropriations authorized by this Act for salary, pay,
retirement, and other benefits for Federal employees may be increased by
such additional or supplemental amounts as may be necessary for
increases in such benefits authorized by law.
Sec. 805. The authorization of appropriations by this Act shall not
be deemed to constitute authority for the conduct of any intelligence
activity which is not otherwise authorized by the Constitution or laws
of the United States.
Sec. 806. The amendments made by titles V, VI, and VII and by this
title // 10 USC 1601 // shall take effect as of October 1, 1981.
Approved December 4, 1981.
LEGISLATIVE HISTORY-H.R. 3454 (S. 1127):
HOUSE REPORTS: No. 97 - 101 Pt. 1 (Permanent Select Comm. on
Intelligence), Pt. 2 (Comm. on Armed Services) and No. 97 - 332 (Comm.
of Conference).
SENATE REPORTS: No. 97 - 57 (Select Comm. on Intelligence) and No.
97 - 148 (Comms. on Armed Services, Governmental Affairs and the
Judiciary) accompanying S. 1127.
CONGRESSIONAL RECORD, Vol. 127 (1981):
July 13, considered and passed House.
July 16, considered and passed Senate, amended, in lieu of S.
1127.
Nov. 18, House and Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 17, No. 49 (1981):
Dec. 4, Presidential statement.
PUBLIC LAW 97-88, 95 STAT, 1135, ENERGY AND WATER DEVELOPMENT
APPROPRIATION ACT, 1982.
for the fiscal year ending
September 30, 1982, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 1982, for 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, and
when authorized by law, surveys and detailed studies and plans and
specifications of projects prior to construction, $137,225,000, 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), $1,416,992,000, 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-1), $256,310,000, 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 navigations; $1,008,355,000, to remain
available until expended.
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 Center; commercial
statistics; and miscellaneous investigations; $91,000,000.
For construction, operation, and maintenance of outdoor recreation
facilities, including collection of special recreation use fees, to
remain available until expended, $4,784,000, 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 460l-4 // Public Law 96 -
514 // 94 Stat. 2957. // shall not be construed to affect the
provisions of the Land and Water Conservation Fund Act // 16 USC 460l-5a
16 USC 460l-6a. // as they pertain to the Corps of Engineer, and all
recreation use fees collected by, and deposited in the Treasury by the
Corps of Engineers, including those recreation use fees collected and so
deposited since December 12, 1980, shall be deposited in a separate
account credited to, and eligible for appropriation to, the Corps of
Engineers in accordance with the provisions of section 4( f) of the Land
and Water Conservation Fund Act.
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 185 of which 185 shall be for replacement only) and hire of
passenger motor vehicles: Provided, That the total accrued expenditures
of the capital investment program of the revolving fund shall not exceed
$130,000,000 in fiscal year 1982.
Sec. 101. None of the funds appropriated in this title, except as
specifically contained herein, shall be used to alter, modify,
dismantle, or otherwise change any project which is partially
constructed but not funded for construction in this title.
Sec. 102. The project for Cuyahoga River Basin, Ohio, authorized by
section 108 of the River and Harbor Act of 1970, // 84 Stat. 1820. //
is hereby modified to provide for relocation of utilities in the
vicinity of the Cleveland Zoo at full Federal expense, generally in
accordance with the recommendations of the District Engineer, U.S. Army
Engineer District, Buffalo, in paragraph 94 of the Phase II General
Design Memorandum dated August 1979, notwithstanding any other provision
of law.
Sec. 103. Within funds available to the Corps of Engineers-Civil,
$600,000 shall be for emergency shore protection at Beverly Shores,
Indiana, and shal remain available until expended.
Sec. 104. The discount rate for the Saginaw River, michigan, project
authorized in section 203 of Public Law 85 - 500 (72 Stat. 311) shall be
as provided for in section 80b of Public Law 93 - 251 (88 Stat. 34) //
42 USC 1962d-17. // if non-Federal interests subsequently provide
appropriate assurances for the non-Federal share of project costs.
Sec. 105. Funds herein or hereinafter made available for the
Mississippi River and tributaries project may be used to construct dikes
at the lower and upper end of Lake Neark, Arkansas, for the purposes of
reducing operation and maintenance costs for Osceola Harbor, Arkansas,
and for recreation at a total estimated cost of $1,300,000. All work
shall be undertaken substantially in accordance with the plan described
in the draft stage three report on Lake Neark dated April 1981 prepared
by the Memphis District Engineer, including provision for sharing of
costs allocable to recreation in accordance with the Federal Water
Project Recreation Act (79 Stat. 213). // 16 USC 460l-12 //
Sec. 106. Within funds available to the Corps of Engineers-Civil,
channel widening and bends easing shall be accomplished at Grays Harbor,
Washington, in the vicinity of the Cow Point Turn to allow for the free
movement of boats.
Sec. 107. Funds herein or hereinafter made available to the Corps of
Engineers-Civil for operation and maintenance of the Illinois Waterway
shall be available to operate and maintain the Chicago Sanitary and Ship
Canal portion of the Waterway in the interest of navigation.
Sec. 108. Clayton Lake which is an element of the flood control
project for the Clayton and Tuskahoma Reservoirs, Kiamichi River,
Oklahoma, authorized by section 203 of the Flood Control Act of 1962 (76
Stat. 1187), shall hereafter be known as " Sardis Lake". Any law,
regulation, map, document, or record of the United States in which such
lake is referred to shall be held and considered to refer to such lake
as " Sardis Lake".
Sec. 109. From the funds appropriated by the second paragraph of
this title for general investigations, no more than $70,000 shall be
expended for a study of flooding and drainage problems in Alexander
County and Pulaski County, both located in the State of Illinois, and no
more than $100,000 shall be expended from funds appropriated for the
main stem study of the Ohio River to evaluate alternatives for flood
damage reduction in Saline County and Gallatin County, both located in
the State of Illinois.
Sec. 110. Funds herein or hereinafter appropriated in this title for
the Chetco River, Oregon navigation project, authorized by the 1945
River and Harbor Act, // 33 USC 603a. // as amended and modified, shall
be used to design and construct further modifications to that project in
accordance with the Report of the Chief of Engineers, dated May 2, 1977.
Sec. 111. The Chief of Engineers is hereby directed to raise the dam
at Lake Darling, North Dakota, by approximately four feet and to
implement upstream and downstream flood control measures.
Sec. 112. No funds appropriated in this Act may be used to construct
channel realignment work on the Ouachita and Black Rivers navigation
project in Arkansas and Louisiana until such time as the Chief of
Engineers has completed a restudy of the various options for navigation
above Crossett, Arkansas, including the two barge abreast configuration,
with a view toward reducing the number of cutoffs and bend widenings
required. The results of this restudy should be reported to the
respective Appropriations Committees of both Houses of the Congress for
review, and should accurately reflect the economic and environmental
tradeoffs of providing greater than two-barge navigation.
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, // 43 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 existing projects,
to remain available until expended, $30,596,000, of which $30,396,000 is
to be derived from the reclamation fund: Provided, That of the amount
herein appropriated not to exceed $50,000 shall be available to initiate
a rehabilitation and betterment program with the Farmers Irrigation
District to rehabilitate facilities under the Act of October 7, 1949 (63
Stat. 724), // 43 USC 504. // as amended, to be repaid in full by the
lands served and under conditions satisfactory to the Secretary of the
Interior.
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, $548,505,000, of which $130,063,000 shall be
available for transfers to the Upper Colorado River Basin Fund
authorized by section 5 of the Act of April 11, 1956, // 43 USC 620d.
// and $186,497,000 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 USC 1543. // for construction and for
liquidation of contract authority provided pursuant to said Act:
Provided, That of the total appropriated, $221,735,000 shall be derived
from the reclamation 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 heading: 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 under the Central Arizona Project, $2,000,000
shall be available for preconstruction activities on distribution
systems pursuant to the Distribution Act of July 4, 1955, // 43 USC
421a-421h. // as amended.
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, $118,518,000, of which $82,303,000 shall be derived from the
reclamation fund and such amounts as may be required for the Boulder
Canyon Project shall be derived from the Colorado River Dam fund:
Provided, 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.
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, $22,614,000, to remain available until expended: Provided,
That during 1982, and within the resources and authority available,
gross obligations for the principal amount of direct loans shall not
exceed $26,922,000: Provided further, That any contract under the Act
of July 4, 1955 (69 Stat. 244), // 43 USC 421a-421h. // 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,
$39,928,000, 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.
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), 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 21 passenger motor vehicles of which 19 shall
be for replacement only; purchase of two aircraft of which one shall be
for replacement only; payment of not to exceed $2,500,000 for a water
sprinkler fire suppression system and other safety modifications in
office buildings at the Denver Federal Center, Lakewood, Colorado;
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 5 U.S. C.
3109, 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 Appropriation Act,
1945; // 58 Stat. 463. // 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 Act of August 21, 1935 (16 U.
S.C. 461 - 467): 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 appraisal and special 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. 665).
No funds appropriated to the Bureau of Reclamation for operation and
maintenance, // 43 USC 377a. // 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,
orgnization, 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 damaged or destroyed by fire, flood, storm, or
other unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made available
to the Department of the Interior for emergencies shall have been
exhausted.
Sec. 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 of 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): 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. Appropriations in this title shall be available for
acquisition of land for the Mcgee Creek project, Oklahoma: Provided,
That land required for the dam, dike, and any other authorized permanent
features shall be acquired in fee title (surface and minerals):
Provided further, That mineral and subsurface interests shall be
acquired by subordination in the conservation pool area of the
reservior, natural scenic recreation area, and the wildlife management
area in such a manner as to allow the present mineral owners, their
successors and assignees the right to explore for and extract minerals
under restrictions required to protect the project: Provided further,
That only the surface estate be acquired for any other lands required
for the Mcgee Creek project.
For operating expenses of the Department of Energy necessary for
energy supply, research and development activities and other activities
in carryin out the purposes of the Department of Energy Organization Act
(Public Law 95 - 91), // 42 USC 7101 // $1,970,926,000, to remain
available until expended: Provided, That of the funds appropriated
herein, $9,000,000 is to be derived by transfer of unobligated balances
from the funds appropriated under the heading " Operation and
Maintenance, Southwestern Power Administration", and $16,000,000 is to
be derived by transfer from funds appropriated under the heading " Plant
and Capital Equipment, Departmental Administration": Provided further,
That $1,300,000 of the funds provided herein shall be for the Region X
wood-derived fuels program and transferred to the Bonneville Power
Administration for obligation and expenditure.
For operating expenses of the Department of Energy necessary for
general science and research activities in carrying out the purposes of
the Department of Energy Organization Act (Public Law 95 - 91),
$411,060,000, to remain available until expended.
For operating expenses of the Department of Energy necessary for
atomic energy defense activities in carrying out the purposes of the
Department of Energy Organization Act (Public Law 95 - 91),
$3,606,351,000, to remain available until expended.
For salaries and expenses of the Department of Energy necessary for
department 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);
$368,368,000, to remain available until expended: Provided, That moneys
received by the Department for miscellaneous revenues and estimated to
total $167,900,000 in fiscal year 1982 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, // 42 USC
5821. // notwithstanding the provisions of section 3617 of the Revised
Statutes (31 U.S.C. 484): Provided further, That the sum herein
appropriated shall be reduced as moneys for miscellaneous revenues are
received during fiscal year 1982 so as to result in a final fiscal year
1982 appropriation of not more than $200,468,000.
For expenses of the Department of Energy in connection with 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 (Public Law 95
- 91), // 42 USC 7101 // 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 103 for replacement only) including 24 police-type vehicles;
purchase of two helicopters for replacement only; $332,200,000, to
remain available until expended.
For expenses of the Department of Energy in connection with 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 (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 5 for replacement only); $118,300,000, to
remain available until expended.
For expenses of the Department of Energy in connection with 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 189 of which 166 are for replacement only)
including 6 police-type vehicles; purchase of two helicopters;
$1,066,803,000, to remain available until expended.
For 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 acquisition or condemnation of any real property or any facility or
for plant or facility acquisition, construction, or expansion, or for
the purchase, construction or acquisition of capital equipment and other
expenses incidental thereto, $40,963,000, to remain available until
expended.
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 23 for
replacement only); $1,806,000,000, to remain available until expended:
Provided, That revenues received by the Department for the enrichment of
uranium and estimated to total $1,805,000,000 in fiscal year 1982, 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): Provided further, That the sum herein
appropriated shall be reduced as uranium enrichment revenues are
received during fiscal year 1982 so as to result in a final fiscal year
1982 appropriation estimated at not more than $1,000,000.
ADMINISTRATION
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,
$3,538,000, of which $50,000 shall be available solely to defray
emergency expenses necessary to ensure continuity of service, to remain
available until expended.
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93 - 454, // 16 USC 838i. // are
approved for purchase of one fixed wing aircraft for replacement only,
for construction of Surprise Valley Area Service in the
Alturas-Cedarville, California area and for official reception and
representation expenses in an amount not to exceed $2,000.
During fiscal year 1982 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, $7,237,000,
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, including purchase of one passenger motor vehicle for
replacement only, $21,269,000, to remain available until expended.
MAINTENANCE,
WESTERN AREA POWER ADMINISTRATION
For carrying out the functions authorized by title III, section 302(
a)(1)(E) of the Act of August 4, 1977 (Public Law 95 - 91), // 42 USC
7152. // and other related activities including conservation and
renewable resources programs as authorized by law, including the
purchase of passenger motor vehicles (not to exceed 10 of which 5 are
for replacement only); $210,774,000, to remain available until
expended, of which $135,200,000 shall be derived from the Department of
the Interior reclamation fund and $680,000 shall be derived from the
Colorado River Dam fund for power marketing and transmission expenses of
the Boulder Canyon Project: Provided, That of the amount appropriated,
$39,510,000 shall be available for Upper Colorado River Storage
construction.
For the " Emergency Fund", as authorized by the Act of June 26, 1948
(43 U.S.C. 502), to remain available until expended for the purposes
specified in that Act, $500,000, to be derived from the Department of
the Interior reclamation fund.
For necessary expenses of the Federal Energy Regulatory Commission to
carry out the provisions of the Department of Energy Organization Act
(Public Law 95 - 91), including services as authorized by 5 U.S.C.
3109, // 42 USC 7101 // $76,177,000.
PROGRAM
For administrative expenses of the Geothermal Resources Development
Fund, $200,000, to remain available until expended; and for carrying
out the Geothermal Loan Guarantee and Interest Assistance Program as
authorized by the Geothermal Energy, Research, Development and
Demonstration Act of 1974 (Public Law 93 - 410), // 30 USC 1101 //
$2,000,000, to remain available until expended: Provided, That not to
exceed $2,000,000 from the Fund shall be available for interest
differential payments in fiscal year 1982: Provided further, That the
amounts remaining in the Fund shall be used as a default reserve for
loan guarantees issued pursuant to section 201 of title II of Public Law
93 - 410, // 30 USC 1141. // as amended.
Sec. 301. Appropriations to 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 appropriations made
available for the current fiscal year for Energy Supply, Research and
Development Activities; Uranium Supply and Enrichment Activities;
General Science and Research Activities; Atomic Energy Defense
Activities; and Departmental Administration 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 and the appropriate
authorizing committees of the House and Senate for approval.
Sec. 303. The unexpended balances of prior appropriations provided
for activities covered in this title may be transferred to a new
appropriation account for such activities established pursuant to this
title. Balances so transferred may be merged with funds in the
applicable newly established account and thereafter may be accounted for
as one fund for the same time period as originally enacted.
Sec. 304. All capitalized inventory balances and any unexpended
balances related to inventories may be merged with any other
appropriation within the Department under this Act. Balances so
transferred will be available for the same time period as originally
enacted.
For necessary expenses of the Federal Cochairman and his 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 5 U.S.C. 3109, and hire of passenger motor vehicles,
$2,900,000.
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 5 U.S.C. 3109, and
hire of passenger motor vehicles, to remain available until expended,
$150,000,000 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), $121,000.
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),$269,000.
POTOMAC RIVER
BASIN
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), // 33 USC 567b. // as amended by the Act of September 25, 1970
(Public Law 91 - 407), // 33 USC 567b-1. // $55,000.
For necessary expenses of the Commission in carrying out the purposes
of the Energy Reorganization Act of 1974, // 42 USC 5801 // as amended,
and the Atomic Energy Act, 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 entertainment expenses (not to exceed $1,500);
reimbursements to the General Services Administration for security guard
services; hire of passenger motor vehicles and aircraft; $465,700,000,
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 appropriation to which transferred: Provided further, That moneys
received by the Commission for the cooperative nuclear safety research
programs may be retained and used for salaries and expenses associated
with those programs, notwithstanding the provisions of 31 U.S.C. 484,
and shall remain available until expended: Provided further, That
transfers between accounts may be made only with the approval of the
Committees on Appropriations of the House of Representatives and the
Senate: Provided further, That no part of the funds appropriated in
this Act may be used to implement section 110 of Public Law 96 - 295:
// 94 Stat. 785. // Provided further, That no funds appropriated to the
Nuclear Regulatory Commission in this Act may be used to implement or
enforce any portion of the Uranium Mill Licensing Requirements published
as final rules at 45 Federal Register 65521 to 65538 on October 3, 1980,
or to require any State to adopt such requirements in order for the
State to continue to exercise authority under State law for uranium mill
and mill tailings licensing, or to exercise any regulatory authority for
uranium mill and mill tailings licensing in any State that has acted to
exercise such authority under State law: Provided, however, That the
Commission may use such funds to continue to regulate byproduct
material, as defined in section 11 e. (2) of the Atomic Energy Act of
1954, // 42 USC 2014. // as amended, in the manner and to the extent
permitted prior to October 3, 1980.
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), $120,000.
For payment of the United States share of the current expenses of the
Susquehanna River Basin Commission, as authorized by law (84 Stat.
1530, 1531), $217,000.
For the purpose of carrying out the provisions of the Tennessee
Valley Authority Act of 1933, as amended (16 U.S.C., ch. 12 A), // 16
USC 831 // including purchase, hire, maintenance, and operation of
aircraft, and purchase and hire of passenger motor vehicles,
$129,162,000, to remain available until expended.
For the Water Resources Council for salaries and related expenses
necessary in carrying out the provisions of the Water Resources Planning
Act of 1965 (42 U.S.C. 1962 - 1962d-3), as amended, including services
as authorized by 5 U.S.C. 3109 and 42 U.S.C. 1962a-4(5), $3,888,000
including $658,000 for expenses in administering the Act (42 U.S.C.
1962d(b)), and $3,230,000 for preparation of assessments and plans (42
U.S.C. 1962d(c)): Provided, That none of the funds included herein
shall be used for an Independent Project Review, for expenses of River
Basin Commissions or for Grants to States.
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 provided in this Act to any department
or agency shall be obligated, or expended to provide a personal cook,
chauffeur, or other personal servants to any officer or employee of such
department or agency.
Sec. 506. None of the funds provided in this Act to any department
or agency shall be obligated or expended to procure passenger
automobiles as defined in 15 U.S.C. 2001 with an EPA estimated miles per
gallon average of less than 22 miles per gallon.
Sec. 507. 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. 508. The Senate hereby expresses its intention not to
appropriate funds for improvements on the portion of the Black
Warrior--, Tombigbee Waterway south of Demopolis, Alabama.
This Act may be cited as the " Energy and Water Development
Appropriation Act, 1982".
Approved December 4, 1981.
LEGISLATIVE HISTORY- H.R. 4144:
HOUSE REPORTS: No. 97 - 177 (Comm. on Appropriations) and No. 97 -
345 (Comm. of Conference).
SENATE REPORT No. 97 - 256 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 127 (1981):
July 23, 24, considered and passed House.
Nov. 3 - 5, considered and passed Senate, amended.
Nov. 20, House agreed to conference report; concurred in
certain Senate amendments.
Nov. 21, Senate agreed to conference report; resolved
amendments in disagreement.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 17, No. 49 (1981):
Dec. 4, Presidential statement.
PUBLIC LAW 97-87, 95 STAT, 1134
and Atmosphere Act of 1977
to authorize appropriations to carry out the provisions
of such Act for fiscal year
1982, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the National
Advisory Committee on Oceans and Atmosphere Act of 1977 (33 U.S.C. 857 -
13 - 857 - 18) // 33 USC 857 - 14. 33 USC 857 - 16. 33 USC 857 - 18.
// is amended--,
(1) in section 3(b)(2), by striking "office, or until ninety
days after such date, whichever is earlier." and substituting
"office.";
(2) in section 5, by striking "of $100 per day" and
substituting "not to exceed the daily rate for a GS-18"; and
(3) in section 8, by striking "and " immediately after "1980,"
and by striking the period at the end of the section and
substituting ", and $555,000 for the fiscal year ending September
30, 1982. Such sums as may be appropriated under this section
shall remain available until expended.".
Approved December 1, 1981.
LEGISLATIVE HISTORY-S. 1133 (H.R. 2448):
HOUSE REPORT No. 97 - 51 accompanying H.R. 2448 (Comm. on Merchant
Marine and Fisheries).
SENATE REPORT No. 97 - 59 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD, Vol. 127 (1981):
May 14, considered and passed Senate.
Nov. 17, considered and passed House.
PUBLIC LAW 97-86, 95 STAT, 1099, DEPARTMENT OF DEFENSE AUTHORIZATION
ACT, 1982
Armed Forces for procurement,
for research, development, test, and evaluation, and
for operation and
maintenance, to prescribe personnel strengths for such
fiscal year for the Armed
Forces and for civilian employees of the Department
of Defense, to authorize
appropriations for such fiscal year for civil defense,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may be
cited as the " Department of Defense Authorization Act, 1982".
Sec. 101. Funds are hereby authorized to b e appropriated for fiscal
year 1982 for the use of the Armed Forces of the United States for
procurement of aircraft, missiles, naval vessels, tracked combat
vehicles, torpedoes, and other weapons in amounts as follows:
For aircraft: for the Army, $1,910,200,000; for the Navy and
the Marine Corps, $9,302,500,000; for the Air Force,
$13,773,698,000, of which $1,801,000,000 is available only for
procurement of long-range combat aircraft.
For missiles: for the Army, $2,146,900,000; for the Navy,
$2,567,000,000; for the Marine Corps, $223,024,000; for the Air
Force, $4,186,846,000.
For naval vessels: for the Navy, $8,795,900,000.
For tracked combat vehicles: for the Army, $3,251,200,000;
for the Marine Corps, $281,739,000.
For torpedoes and related support equipment: for the Navy,
$516,600,000.
For other weapons: for the Army, $655,400,000; for the Navy,
$200,200,000; for the Marine Corps, $136,344,000; for the Air
Force, $3,047,000.
For tracked combat vehicles and other weapons: for the Army
National Guard, $50,000,000, which amount shall be in addition to
any other funds authorized to be appropriated by this or any other
Act.
Sec. 102. Of the funds authorized to be appropriated in this title
for aircraft for the Air Force, the sum of $344,300,000 is available
only for contribution by the United States as its share of the cost for
fiscal year 1982 of acquisition by the North Atlantic Treaty
Organization of the Airborne Warning and Control System (AWACS).
Sec. 103. (a) During fiscal year 1982, the Secretary of Defense, in
carrying out the Multilateral Memorandum of Understanding Between the
North Atlantic Treaty Organization (NATO) Ministers of Defence on the
NATO E-3 A Cooperative Programme, signed by the Secretary of Defense on
December 6, 1978, may--,
(1) waive reimbursement for the cost of the following functions
performed by personnel other than personnel employed in the United
States Air Force Airborne Warning and Control System (AWACS)
program office:
(2) waive any surcharge for administrative services otherwise
chargeable; and
(3) in connection with the NATO E-3A Cooperative Programme for
fiscal year 1982, assume contingent liability for--,
(b) Authority under this section to enter into contracts shall be
effective for any fiscal year only to such extent or in such amounts as
are provided in appropriation Acts.
Sec. 201. (a) Funds are hereby authorized to be appropriated for
fiscal year 1982 for the use of the Armed Forces of the United States
for research, development, test, and evaluation in amounts as follows:
For the Army, $3,746,299,000.
For the Navy (including the Marine Corps), $6,072,167,000.
For the Air Force, $8,686,800,000.
For the Defense Agencies, $1,899,847,000, of which $53,000,000
is authorized for the activities of the Director of Test and
Evaluation, Defense.
(b) In addition to the funds authorized to be appropriated in
subsection (a), there are authorized to be appropriated for fiscal year
1982 such additional sums as may be necessary for increases in salary,
pay, retirement, and other employee benefits authorized by law for
civilian employees of the Department of Defense whose compensation is
provided for by funds authorized to be appropriated in such subsection.
Sec. 202. (a) None of the funds appropriated pursuant to an
authorization of appropriations in this Act may be obligated or expended
for the full-scale engineering development or procurement of a
long-range combat aircraft before November 18, 1981, and none of such
funds may be obligated or expended for such purposes on or after such
date if, before such date, the Senate and the House of Representatives
have agreed to resolutions of their respective Houses expressing
disapproval of the President's decision announced on October 2, 1981,
regarding the development of long-range combat aircraft.
(b) For the purposes of this section, the term "resolution" means
only a resolution of either House of Congress, the matter after the
resolving clause of which is as follows: " That the does not favor the
decision of the President announced on October 2, 1981, regarding the
development of long-range combat aircraft", the blank space therein
being filled with the name of the resolving House.
(c) Subsections (d) through (i) are enacted by the Congress--,
(1) as an exercise of the rulemaking power of the Senate and as
such they are deemed a part of the rules of the Senate, but
applicable only with respect to the procedure to be followed in
the Senate in the case of resolutions described in subsection (b),
and they supersede other rules of the Senate only to the extent
that they are inconsistent therewith; and
(2) with full recognition of the constitutional right of the
Senate to change such rules at any time, in the same manner and to
the same extent as in the case of any other rules of the Senate.
(d) A resolution in the Senate shall be referred to the Committee on
Armed Services of the Senate.
(e) If the Committee on Armed Services of the Senate has not reported
a resolution referred to it at the end of seven calendar days after its
introduction, it is in order to move either to discharge the committee
from further consideration of the resolution or to discharge the
committee from further consideration of any other resolution which has
been referred to the committee.
(f) A motion to discharge may be made only by a Senator favoring the
resolution, is highly privileged (except that it may not be made after
the committee has reported a resolution), and debate thereon shall be
limited to not more than one hour, to be divided equally between those
favoring and those opposing the resolution. An amendment to the motion
is not in order, and it is not in order to move to reconsider the vote
by which the motion is agreed to or disagreed to.
(g) If the motion to discharge is agreed to or disagreed to, the
motion may not be renewed, nor may another motion to discharge the
committee be made with respect to any other resolution.
(h) When the Committee on Armed Services of the Senate has reported,
or has been discharged from further consideration of, a resolution, it
is at any time thereafter in order (even though a previous motion to the
same effect has been disagreed to) to move to proceed to the
consideration of the resolution. The motion is highly privileged and is
not debatable. The motion is not subject to amendment, or to a motion
to postpone, or a motion to proceed to the consideration of other
business. A motion to reconsider the vote by which the motion is agreed
to or disagreed to shall not be in order.
(i)(1) Debate in the Senate on the resolution shall be limited to not
more than ten hours, which shall be divided equally between those
favoring and those opposing the resolution. A motion further to limit
debate is not debatable. An amendment to, or motion to recommit, the
resolution is not in order. A motion to reconsider the vote by which
the resolution is agreed to or disagreed to is not in order.
(2) Motions in the Senate to postpone, made with respect to the
discharge from committee or the consideration of a resolution, and
motions to proceed to the consideration of other business, shall be
decided without debate.
(3) Appeals in the Senate from the decisions of the Chair relating to
the application of the rules of the Senate to the procedure relating to
a resolution shall be decided without debate.
Sec. 203. (a)(1) None of the funds appropriated pursuant to an
authorization of appropriations in this Act may be obligated or expended
for development of an operational basing mode for the MX missile before
November 18, 1981, and none of such funds may be obligated or expended
for such purpose on or after such date if before such date, the Senate
and the House of Representatives have agreed to resolutions of their
respective Houses expressing disapproval of the President's decision
announced on October 2, 1981, regarding the basing mode for the MX
missile.
(2) Development of the MX missile system shall continue so as to
achieve an initial operational capability (IOC) for the MX missile
system not later than December 31, 1986.
(b) For the purposes of this section, the term "resolution" means
only a resolution of either House of Congress, the matter after the
resolving clause of which is as follows: " That the does not favor the
decision of the President announced on October 2, 1981, regarding the
basing mode for the MX missile", the blank space therein being filled
with the name of the resolving House.
(c) Subsections (d) through (i) are enacted by the Congress--,
(1) as an exercise of the rulemaking power of the Senate and as
such they are deemed a part of the rules of the Senate, but
applicable only with respect to the procedure to be followed in
the Senate in the case of resolutions described in subsection (b),
and they supersede other rules of the Senate only to the extent
that they are inconsistent therewith; and
(2) with full recognition of the constitutional right of the
Senate to change such rules at any time, in the same manner and to
the same extent as in the case of any other rules of the Senate.
(d) A resolution in the Senate shall be referred to the Committee on
Armed Services of the Senate.
(e) If the Committee on Armed Services of the Senate has not reported
a resolution referred to it at the end of seven calendar days after its
introduction, it is in order to move either to discharge the committee
from further consideration of the resolution or to discharge the
committee from further consideration of any other resolution which has
been referred to the committee.
(f) A motion to discharge may be made only by a Senator favoring the
resolution, is highly privileged (except that it may not be made after
the committee has reported a resolution), and debate thereon shall be
limited to not more than one hour, to be divided equally between those
favoring and those opposing the resolution. An amendment to the motion
is not in order, and it is not in order to move to reconsider the vote
by which the motion is agreed to or disagreed to.
(g) If the motion to discharge is agreed to or disagreed to, the
motion may not be renewed, nor may another motion to discharge the
committee be made with respect to any other resolution.
(h) When the Committee on Armed Services of the Senate has reported,
or has been discharged from further consideration of, a resolution, it
is at any time thereafter in order (even though a previous motion to the
same effect has been disagreed to) to move to proceed to the
consideration of the resolution. The motion is highly privileged and is
not debatable. The motion is not subject to amendment, or to a motion
to postpone, or a motion to proceed to the consideration of other
business. A motion to reconsider the vote by which the motion is agreed
to or disagreed to shall not be in order.
(i)(1) Debate in the Senate on the resolution shall be limited to not
more than ten hours, which shall be divided equally between those
favoring and those opposing the resolution. A motion further to limit
debate is not debatable. An amendment to, or motion to recommit, the
resolution is not in order. A motion to reconsider the vote by which
the resolution is agreed to or disagreed to is not in order.
(2) Motions in the Senate to postpone, made with respect to the
discharge from committee or the consideration of a resolution, and
motions to proceed to the consideration of other business, shall be
decided without debate.
(3) Appeals in the Senate from the decisions of the Chair relating to
the application of the rules of the Senate to the procedure relating to
a resolution shall be decided without debate.
Sec. 301. (a) Funds are hereby authorized to be appropriated for
fiscal year 1982 for the use of the Armed Forces of the United States
and other activities and agencies of the Department of Defense for
operation and maintenance in amounts as follows:
For the Army, $17,024,044,000.
For the Navy, $20,130,410,000.
For the Air Force, $18,898,140,000.
For the Marine Corps, $1,249,939,000.
For Defense-wide activities, $4,859,207,000.
(b) In addition to the funds authorized to be appropriated in
subsection (a), there are authorized to be appropriated for fiscal year
1982 such additional sums as may be necessary (1) for increases in
salary, pay, retirement, and other employee benefits authorized by law
for civilian employees of the Department of Defense whose compensation
is provided for by funds authorized to be appropriated in such
subsection, and (2) for unbudgeted increases in fuel costs and for
increases as the result of inflation in the cost of activities
authorized by subsection (a).
REPORT
Sec. 302. Section 138(e) of title 10, United States Code, is amended
by striking out paragraphs (3) and (4).
SUPPORT TO
DEFENSE RESEARCH AND DEVELOPMENT ACTIVITIES
Sec. 303. None of the funds appropriated pursuant to an
authorization of appropriations contained in this Act may be used for
the purpose of converting military veterinary positions that are
supporting research and development activities of the Department of
Defense or of any of the Armed Forces to civilian positions.
FACILITIES
Sec. 304. None of the funds appropriated pursuant to an
authorization of appropriations contained in this Act may be used for
the purpose of contracting out an entire medical facility.
Sec. 305. Of the amount authorized to be appropriated in section 301
for operation and maintenance of the Navy, $67,000,000 is available for
the Leased Satellite Communications (LEASAT) system.
Sec. 401. The Armed Forces are authorized strengths for active duty
personnel as of September 30, 1982, as follows:
(1) The Army, 780,300.
(2) The Navy, 554,600.
(3) The Marine Corps, 192,100.
(4) The Air Force, 580,800.
Sec. 402. (a) Section 302(a) of the Department of Defense
Authorization Act, 1981 (Public Law 96 - 342; 10 U.S.C. 520 note) is
amended by striking out " October 1, 1980" and " September 30, 1981" and
inserting in lieu thereof " October 1, 1981" and " September 30, 1982",
respectively.
(b)(1) Section 520 of title 10, United States Code, is amended--,
(A) by inserting "(a)" before " For" in the first sentence;
and
(B) by adding at the end thereof the following new subsection:
"(b) A person who is not a high school graduate may not be accepted
for enlistment in the armed forces unless the score of that person on
the Armed Forces Qualification Test is at or above the thirty-first
percentile.".
(2) The amendments made by paragraph (1) // 10 USC 520. // shall
take effect at the end of the 30-day period beginning on the date of the
enactment of this Act.
COMMISSIONED
OFFICERS
Sec. 403. Section 8067(f) of title 10, United States Code, is
amended by inserting ", including physician assistant functions," after
"functions".
Sec. 404. Section 406 of title 37, United States Code is amended--,
(1) by striking out "and subsection (i) of this section" in
subsection (a);
(2) by striking out " Except as provided in subsection (i) of
this section, in" in subsection (h) and inserting in lieu thereof
" In"; and
(3) by striking out subsection (i) and inserting in lieu
thereof the following:
"(i) The Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report at the end
of each fiscal year quarter stating--,
"(1) the number of dependents who during the preceding quarter
were accompanying members of the Army, Navy, Air Force, and Marine
Corps who were stationed outside the United States and were
authorized by the Secretary concerned to receive allowances or
transportation for dependents under subsection (a) or (h) of this
section; and
"(2) the number of dependents who during the preceding quarter
were accompanying members of the Army, Navy, Air Force, and Marine
Corps who were stationed outside the United States and were not
authorized to receive such allowances or transportation.".
THE NAVY
FROM COMMODORE ADMIRAL TO COMMODORE
Sec. 405. (a) Section 5501 of title 10, United States Code, is
amended by striking out "admiral" in clause (4) after " Commodore".
(b)(1) The following sections of title 10, United States Code, are
amended by striking out "admiral" after "commodore" each place it
appears: 101(41), 525(a), 601(c)(2), 611(a), 612(a)(3), 619(a)(2)(B),
619(c)(2)(A)(ii), 625(a), 625(c), 634, 635, 637(b)(2), 638(a)(3), 638(
b), 638(c), 645(1)(A)(ii), 5138(a), 5149(b), 5155(c), 5442, 5444, 5457(
a), and 6389(f).
(2) Section 5444 of such title is amended by striking out "commodore
admirals" in subsections (a) and (f) and inserting in lieu thereof
"commodores".
(3) The tables in sections 5442(a) and 5444(a) of such title are
amended by striking out "commodore admirals" and inserting in lieu
thereof "commodores".
(4)(A) The heading of section 625 of such title is amended by
striking out the last word.
(B) The item relating to such section in the table of sections at the
beginning of subchapter II of chapter 36 of such title // 10 USC 619.
// is amended by striking out the last word.
(5)(A) The heading of section 635 of such title is amended to read as
follows:
" Section 635. Retirement for years of service: regular brigadier
generals and commodores".
(B) The item relating to such section in the table of sections at the
beginning of subchapter III of chapter 36 of such title is amended to
read as follows:
"635. Retirement for years of service: regular brigadier generals
and commodores.".
(6)(A) The heading of section 5442 of such title is amended to read
as follows:
" Section 5442. Navy: line officers on active duty; commodores and
rear admirals".
(B) The item relating to such section in the table of sections at the
beginning of chapter 533 of such title is amended to read as follows:
"5442. Navy: line officers on active duty; commodores and rear
admirals.".
(7)(A) The heading of section 5444 of such title is amended to read
as follows:
" Section 5444. Navy: staff corps officers on active duty;
commodores and rear admirals".
(B) The item relating to such section in the table of sections at the
beginning of chapter 533 of such title is amended to read as follows:
"5444. Navy: staff corps officers on active duty; commodores and
rear admirals.".
(8) The table in section 741(a) of such title is amended by striking
out "admiral" after " Commodore".
(c) The table in section 201(a) of title 37, United States Code, is
amended by striking out "admiral" after " Commodore" in the third
column.
(d)(1) Section 614 of the Defense Officer Personnel Management Act //
10 USC 611 // is amended by striking out "admiral" after "commodore"
each place it appears.
(2)(A) The heading of such section is amended to read as follows:
(B) The item relating to such section in the table of contents in
section 1(b) of such Act is amended to read as follows:
" Sec. 614. Transition provisions to new commodore grade.".
(e) Section 621(b) of the Defense Officer Personnel Management Act //
10 USC 611 // is amended by striking out "admiral" after "commodore".
(f) The amendments made by this section // 10 USC 101 // shall take
effect as of September 15, 1981.
EDUCATIONAL LOAN
REPAYMENT PROGRAM
Sec. 406. Section 902(g) of the Department of Defense Authorization
Act, 1981 (Public Law 96 - 342; 94 Stat. 1115), // 10 USC 2141 // is
amended by striking out " October 1, 1981" and inserting in lieu thereof
" October 1, 1983".
RESERVE
Sec. 501. (a) For fiscal year 1982, the Selected Reserve of the
reserve components of the Armed Forces shall be programed to attain
average strengths of not less than the following:
(1) The Army National Guard of the United States, 392,800.
(2) The Army Reserve, 235,300.
(3) The Naval Reserve, 87,600.
(4) The Marine Corps Reserve, 37,600.
(5) The Air National Guard of the United States, 98,600.
(6) The Air Force Reserve,62,800.
(7) The Coast Guard Reserve, 12,000.
(b) The average strength prescribed by subsection (a) for the
Selected Reserve of any reserve component shall be proportionately
reduced by (1) the total authorized strength of units organized to serve
as units of the Selected Reserve of such component which are on active
duty (other than for training) at any time during the fiscal year, and
(2) the total number of individual members not in units organized to
serve as units of the Selected Reserve of such component who are on
active duty (other than for training or for unsatisfactory participation
in training) without their consent at any time during the fiscal year.
Whenever such units or such individual members are released from active
duty during any fiscal year, the average strength prescribed for such
fiscal year for the Selected Reserve of such reserve component shall be
proportionately increased by the total authorized strength of such units
and by the total number of such individual members.
ACTIVE DUTY IN
SUPPORT OF THE RESERVES
Sec. 502. (a) Within the average strengths prescribed in section
501, the reserve components of the Armed Forces are authorized as of
September 30, 1982, the following number of Reserves to be serving on
full-time active duty for the purpose of organizing, administering,
recruiting, instructing, or training the reserve components:
(1) The Army National Guard of the United States,11,439.
(2) The Army Reserve,6,285.
(3) The Naval Reserve, 208.
(4) The Marine Corps Reserve, 447.
(5) The Air National Guard of the United States, 3,312.
(6) The Air Force Reserve, 701.
(b) Upon a determination by the Secretary of Defense that such action
is in the national interest, the end strengths prescribed by subsection
(a) may be increased by a total of not more than the number equal to 2
percent of the total of the end strengths prescribed.
TO BE ON
ACTIVE DUTY IN SUPPORT OF THE RESERVE COMPONENTS
Sec. 503. Section 517 of title 10, United States Code, is amended--,
(1) by striking out the table in subsection (b) and inserting
in lieu thereof the following:
TABLE OMITTED.
and
(2) by adding at the end thereof the following new subsection:
"(c) Whenever the number of members serving in pay grade E-9 is less
than the number authorized for that grade under subsection (a), or
whenever the number of members serving in pay grade E-9 for duty
described in subsection (b) is less than the number authorized for that
grade under subsection (b), the difference between the two numbers may
be applied to increase the number authorized under such subsection for
pay grade E-8.".
(b) The columns under the headings " Army" and " Air Force" in the
table contained in section 524(a) of such title are amended to read as
follows:
TABLE OMITTED.
Sec. 504. (a) The Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives, not later than February 1,1982, a written report
containing a plan for resolving the existing shortage in pretrained
military manpower required for a mobilization. The Secretary shall
include in that report--,
(1) a detailed explanation for the total number of pretrained
personnel estimated to be needed in the event of full military
mobilization;
(2) alternatives for eliminating, by September 30, 1984, the
shortage in pretrained manpower needed for military mobilization
during a war or other national emergency, including--,
reserve
components of the Arned Forces, and
services
in the Individual Ready Reserve; and
(3) a detailed assessment of each of the various approaches
addressed, including an assessment of the extent to which each
will eliminate the shortages in pretrained military manpower in
the Individual Ready Reserve.
(b) The Secretary of Defense shall conduct a study of the potential
impact on military capability during an emergency or mobilization of the
use of Department of Defense civilian employees and of employees of
private contractors who are performing work for the Department of
Defense on a contractual basis who are not subject to the Uniform Code
of Military Justice. The Secretary of Defense shall submit the results
of such study to the Congress not later than February 1, 1982.
AFFILIATION BONUS
Sec. 505. Section 308e(e) of title 37, United States Code, is
amended by striking out " September 30,1981" and inserting in lieu
thereof " September 30,1985".
AUTHORIZATION OF END STRENGTHS
Sec. 601. (a) The Department of Defense is authorized a strength in
civilian personnel, as of September 30, 1982, of 1,024,500.
(b)(1) The strength for civilian personnel prescribed in subsection
(a) shall be apportioned among the Department of the Army, the
Department of the Navy, the Department of the Air Force, and the
agencies of the Department of Defense (other than the military
departments) in such numbers as the Secretary of Defense shall
prescribe. The Secretary of Defense shall report to the Congress within
sixty days after the date of the enactment of this Act on the manner in
which the initial allocation of civilian personnel is made among the
military departments and the agencies of the Department of Defense
(other than the military departments) and shall include the rationale
for such allocation.
(2)(A) Of the number of civilian personnel allocated to the
Department of the Army pursuant to paragraph (1), the Secretary of the
Army shall use not less than 16,800 of such number to relieve military
personnel for the performance of other duties. Not more than 5,000 of
such 16,800 personnel may be indirect hires.
(B) The Secretary of the Army shall submit a written report to the
Committees on Armed Services of the Senate and House of Representatives
not later than February 1, 1982, specifying how the 16,800 civilian
personnel referred to in subparagraph (A) are to be utilized. The
Secretary shall also indicate in such report (i) the extent to which
such civilian personnel will be used to fill positions currently held by
noncommissioned officers, and (ii) the number of such noncommissioned
officers who will be assigned to combat units by virtue of the use of
such civilian personnel in such positions.
(c) In computing the strength for civilian personnel, there shall be
included all direct-hire and indirect-hire civilian personnel employed
to perform military functions administered by the Department of Defense
(other than those performed by the National Security Agency) whether
employed on a full-time, part-time, or intermittent basis, but excluding
special employment categories for students and disadvantaged youth such
as the stay-in-school campaign, the temporary summer aid program and the
Federal junior fellowship program and personnel participating in the
worker-trainee opportunity program. Personnel employed under a part-time
career employment program established by section 3402 of title 5, United
States Code, shall be counted as prescribed by section 3404 of that
title. Whenever a function, power, or duty, or activity is transferred
or assigned to a department or agency of the Department of Defense from
a department or agency outside of the Department of Defense, or from
another department or agency within the Department of Defense, the
civilian personnel end-strength authorized for such departments or
agencies of the Department of Defense affected shall be adjusted to
reflect any increases or decreases in civilian personnel required as a
result of such transfer or assignment.
(d) When the Secretary of Defense determines that such action is
necessary in the national interest or if any conversion of commercial--,
and industrial-type functions from performance by Department of Defense
personnel to performance by private contractors which was anticipated to
be made during fiscal year 1982 in the budget of the President submitted
for such fiscal year is not determined to be appropriate for such
conversion under established administrative criteria, the Secretary of
Defense may authorize the employment of civilian personnel in excess of
the number authorized by subsection (a), but such additional number may
not exceed 2 percent of the total number of civilian personnel
authorized for the Department of Defense by subsection (a). The
Secretary of Defense shall promptly notify the Congress of any
authorization to increase civilian personnel strength under this
subsection.
SENIOR--,
GRADE CIVILIAN EMPLOYEES
Sec. 602. Section 811(a) of the Department of Defense Appropriation
Authorization Act, 1978 (10 U.S.C. 131 note), is amended--,
(1) by striking out paragraph (2); and
(2) by redesignating paragraph (3) as paragraph (2) and by
striking out "paragraphs (1) and (2)" in such paragraph and
inserting in lieu thereof "paragraph (1)".
LABORATORIES
Sec. 603. (a) Chapter 139 of title 10, United Sstates Code, // 10
USC 2360. // is amended by adding at the end thereof the following new
section:
" Section 2360. Research and development laboratories: contracts
for services of university students
"(a) Subject to the availability of appropriations for such purpose,
the Secretary of Defense may procure by contract under the authority of
this section the temporary or intermittent services of students at
institutions of higher learning for the purpose of providing technical
support at defense research and development laboratories. Such contracts
may be made directly with such students or with nonprofit organizations
employing such students.
"(b) Students providing services pursuant to a contract made under
subsection (a) shall be considered to be employees for the purposes of
chapter 81 of title 5, // 5 USC 8101 // relating to compensation for
work injuries, and to be employees of the government for the purposes of
chapter 171 of title 28, // 28 USC 2671 // relating to tort claims.
Such students who are not otherwise employed by the Federal Government
shall not be considered to be Federal employees for any other purpose.
"(c) The Secretary of Defense shall prescribe regulations to carry
out this section. Such regulations shall include definitions for the
purposes of this section of the terms 'student', institution of higher
learning', and 'nonprofit organization'.".
(b) The table of sections at the beginning of such chapter is amended
by adding at the end thereof the following new item:
"2360. Research and development laboratories: contracts for
services of university students".
Sec. 701. (a) For fiscal year 1982, the components of the Armed
Forces are authorized average military training student loads as
follows:
(1) The Army, 57,996.
(2) The Navy, 65,133.
(3) The Marine Corps, 18,311.
(4) The Air Force, 46,389.
(5) The Army National Guard of the United States, 7,467.
(6) The Army Reserve, 8,456.
(7) The Naval Reserve, 1,041.
(8) The Marine Corps Reserve, 2,835.
(9) The Air National Guard of the United States, 2,377.
(10) The Air Force Reserve, 1,405.
(b) In addition to the number authorized in subsection (a), the
following components of the Armed Forces are authorized a military
training student load to be utilized solely for one station unit
training of not less than the following:
(1) The Army, 17,732.
(2) The Army National Guard of the United States, 7,070.
(3) The Army Reserve, 2,374.
(c) The average military student loads for the Army, the Navy, the
Marine Corps, and the Air Force and the reserve components authorized in
subsection (a) for fiscal year 1982 shall be adjusted consistent with
the manpower strengths authorized in titles IV, V, and VI of this Act.
Such adjustment shall be apportioned among the Army, the Navy, the
Marine Corps, and the Air Force and the reserve components in such
manner as the Secretary of Defense shall prescribe.
REQUIRED TO BE
IN A UNIT OF THE JUNIOR RESERVE OFFICERS'
TRAINING CORPS
Sec. 702. (a) Section 602 of the Department of Defense Authorization
Act, 1981 (Public Law 96 - 342; 94 Stat. 1087), // 10 USC 2031 // is
amended by striking out " August 31, 1981" and inserting in lieu thereof
" August 31, 1982".
(b) The amendment made by subsection (a) // 10 USC 2031 // shall take
effect as of August 31, 1981.
Sec. 801. There is hereby authorized to be appropriated for fiscal
year 1982 to carry out the provisions of the Federal Civil Defense Act
of 1950 // 50 USC app. 2251 // the sum of $129,000,000.
PERSONNEL AND
ADMINISTRATIVE EXPENSES
Sec. 802. Section 408 of the Federal Civil Defense Act of 1950 (50
U.S.C. App. 2260) is amended by striking out "$40,000,000" and inserting
in lieu thereof "$47,000,000".
Sec. 803. (a)(1) Title II of the Federal Civil Defense Act of 1950
is amended by adding at the end thereof the following new section:
DISASTER-RELATED
CIVIL DEFENSE
" Sec. 207. Funds made available to the States under this Act // 50
USC app. 2289. // may be used by the States for the purposes of
preparing for, and providing emergency assistance in response to,
natural disasters to the extent that the use of such funds for such
purposes is consistent with, contributes to, and does not detract from
attack-related civil defense preparedness. The Administrator shall
prescribe regulations to carry out the preceding sentence. Such
regulations shall authorize the use for natural disaster purposes of
civil defense personnel, materials, and facilities supported in whole or
in part through contributions under this Act if such personnel,
materials, and facilities are utilized, as determined by the
Administrator, in a manner that is consistent with, contributes to, and
does not detract from attack-related civil defense preparedness.
Regulations prescribed under this subsection shall provide terms and
conditions authorizing such use to the greatest extent consistent with
the purposes of this Act as expressed in section 2.".
(2) Subsection (h) of section 205 of such Act (50 U.S.C. App. 2287)
// 50 USC app. 2286. // is repealed.
(3) Regulations shall be prescribed under section 207 of the Federal
Civil Defense Act of 1950, // 50 USC app. 2289 // as added by paragraph
(1), not later than the end of the 90-day period beginning on the date
of the enactment of this Act.
(4) The table of contents of such Act is amended by inserting after
the item relating to section 206 the following new item:
" Sec. 207. Dual-use for attack-related civil defense and
disaster-related civil defense.".
(b) Section 2 of such Act (50 U.S.C. App. 2251) is amended--,
(1) by striking out ", in this thermonuclear age," in the first
sentence;
(2) by inserting "and from natural disasters" after "from
attack" in the second sentence; and
(3) by striking out "basic" in the fourth sentence and
inserting in lieu thereof "attack-related".
(c) Section 3 of such Act (50 U.S.C. App. 2252) is amended--,
(1) by redesignating paragraphs (b), (c), (d), (e), (f), and
(g) as paragraphs (c), (d), (e), (f), (g), and (h), respectively;
(2) by inserting after paragraph (a) the following new
paragraph (b):
"(b) The term 'natural disaster' means any hurricane, tornado, storm,
flood, high water, wind-driven water, tidal wave, tsunami, earthquake,
volcanic eruption, landslide, mudslide, snowstorm, drought, fire, or
other catastrophe in any part of the United States which causes, or
which may cause, substantial damage or injury to civilian property or
persons and, for the purposes of this Act, any explosion, civil
distrubance, or any other manmade catastrophe shall be deemed to be a
natural disaster;";
(3) by inserting "or by a natural disaster" in clause (1) of
paragraph (c) (as so redesignated) after "attack upon the United
States"; and
(4) by inserting "or natural disaster" after "attack" each
place it appears in such paragraph after clause (1).
(d)(1) Paragraph (c) of section 201 of the such Act (50 U.S.C. App.
2281(c)) is amended by striking out "of enemy attacks to the civilian
population" and inserting in lieu thereof "to the civilian population of
an attack or natural disaster".
(2) Paragraph (d) of such section is amended by inserting "and
natural disasters" after "effects of attacks".
(3) Paragraph (g) of such section is amended by inserting "or natural
disaster" after "attack" each place it appears in such paragraph.
(e) Section 205(d)(1) of such Act (50 U.S.C. App. 2286(d)(1)) is
amended by inserting "and the areas which may be affected by natural
disasters" after "target and support areas".
APPROPRIATIONS FOR
AMMUNITION AND FOR OTHER PROCUREMENT NOT
CURRENTLY SUBJECT
TO ANNUAL AUTHORIZATION
Sec. 901. (a) Section 138(a) of title 10, United States Code, is
amended--,
(1) by striking out "or" at the end of clause (6); and
(2) by inserting after clause (7) the following new clauses:
"(8) procurement of ammunition; or
"(9) other procurement by any armed force or by the activities
and agencies of the Department of Defense (other than the military
departments);".
(b) The amendments made by subsection (a) // 10 USC 138 // shall
apply with respect to funds appropriated for fiscal years beginning
after September 30, 1982.
Sec. 902. Section 138(b) of title 10, United States Code, is
amended--,
(1) by inserting "(1)" after "(b)";
(2) by inserting "average" after "authorize the"; and
(3) by adding at the end thereof the following new paragraph:
"(2) The Secretary of Defense shall submit to the Congress each year,
not later than February 15, a written report concerning the equipment of
the National Guard and the reserve components of the armed forces for
each of the three succeeding fiscal years. Each such report shall
include--,
"(A) recommendations as to the type and quantity of each major
item of equipment which should be in the inventory of the Selected
Reserve of the Ready Reserve of each reserve component of the
armed forces;
"(B) the quantity and average age of each type of major item of
equipment which is expected to be physically available in the
inventory of the Selected Reserve of the Ready Reserve of each
reserve component as of the beginning of each fiscal year covered
by the report;
"(C) the quantity and cost of each type of major item of
equipment which is expected to be procured for the Selective
Reserve of the Ready Reserve of each reserve component from
commercial sources or to be transferred to each such Selected
Reserve from the active-duty components of the armed forces; and
"(D) the quantity of each type of major item of equipment which
is expected to be retired, decommissioned, transferred, or
otherwise removed from the physical inventory of the Selected
Reserve of the Ready Reserve of each reserve component and the
plans for replacement of that equipment.
The report required by this paragraph shall be prepared and expressed in
the same format and with the same level of detail as the information
presented in the annual Five Year Defense Program Procurement Annex
prepared by the Department of Defense.".
DURING A
NATIONAL EMERGENCY
Sec. 903. Section 138(c) of title 10, United States Code, is amended
by adding at the end thereof the following new paragraph:
"(4) If at the end of any fiscal year there is in effect a war or
national emergency, the President may defer the effectiveness of any
end-strength limitation with respect to that fiscal year prescribed by
law for any military or civilian component of the armed forces or of the
Department of Defense. Any such deferral may not extend beyond November
30 of the following fiscal year. The President shall promptly notify
Congress of any deferral of an end-strength limitation under this
paragraph.".
Sec. 904. (a) Chapter 4 of title 10, United States Code, is amended
by adding at the end thereof the following new section:
" Section 140b. // 10 USC 140b. // Prohibition of certain civilian
personnel management constraints
" The civilian personnel of the Department of Defense shall be
managed each fiscal year solely on the basis of and consistent with (1)
the workload required to carry out the functions and activities of the
department, (2) the funds made available to the department for such
fiscal year, and (3) the authorized end strength for the civilian
personnel of the department for such fiscal year. The management of
such personnel in any fiscal year shall not be subject to any man-year
constraint or limitation.".
(b) The table of sections at the beginning of such chapter is amended
by adding at the end thereof the following new item:
"140b. Prohibition of certain civilian personnel management
constraints.".
LAW
ENFORCEMENT OFFICIALS
Sec. 905. (a)(1) Part I of subtitle A of title 10, United States
Code, is amended by adding after chapter 17 the following new chapter:
" Sec.
"371. Use of information collected during military operations.
"372. Use of military equipment and facilities.
"373. Training and advising civilian law enforcement officials.
"374. Assistance by Department of Defense personnel.
"375. Restriction on direct participation by military personnel.
"376. Assistance not to affect adversely military preparedness.
"377. Reimbursement.
"378. Nonpreemption of other law.
" Section 371. // 10 USC 371. // Use of information collected during
military operations
" The Secretary of Defense may, in accordance with other applicable
law, provide to Federal, State, or local civilian law enforcement
officials any information collected during the normal course of military
operations that may be relevant to a violation of any Federal or State
law within the jursidiction of such officials.
" Section 372. // 10 USC 372. // Use of military equipment and
facilities
" The Secretary of Defense may, in accordance with other applicable
law, make available any equipment, base facility, or research facility
of the Army, Navy, Air Force, or Marine Corps to any Federal, State, or
local civilian law enforcement official for law enforcement purposes.
" Section 373. // 10 USC 373. // Training and advising civilian law
enforcement officials
" The Secretary of Defense may assign members of the Army, Navy, Air
Force, and Marine Corps to train Federal, State, and local civilian law
enforcement officials in the operation and maintenance of equipment made
available under section 372 of this title and to provide expert advice
relevant to the purposes of this chapter.
" Section 374. // 10 USC 374. // Assistance by Department of Defense
personnel
"(a) Subject to subsection (b), the Secretary of Defense, upon
request from the head of an agency with jurisdiction to enforce--,
"(1) the Controlled Substances Act (21 U.S.C. 801 et seq.) or
the Controlled Substances Import and Export Act (21 U.S.C. 951 et
seq.);
"(2) any of sections 274 through 278 of the Immigration and
Nationality Act (8 U.S.C. 1324 - 1328); or
"(3) a law relating to the arrival or departure of merchandise
(as defined in section 401 of the Tariff Act of 1930 (19 U.S.C.
1401)) into or out of the customs territory of the United States
(as defined in general headnote 2 of the Tariff Schedules of the
United States (19 U.S.C. 1202)) or any other territory or
possession of the United States,
may assign personnel of the Department of Defense to operate and
maintain or assist in operating and maintaining equipment made available
under section 372 of this title with respect to any criminal violation
of any such provision of law.
"(b) Except as provided in subsection (c), equipment made available
under section 372 of this title may be operated by or with the
assistance of personnel assigned under subsection (a) only to the extent
the equipment is used for monitoring and communicating the movement of
air and sea traffic.
"(c)(1) In an emergency circumstance, equipment operated by or with
the assistance of personnel assigned under subsection (a) may be used
outside the land area of the United States (or any territory or
possession of the United States) as a base of operations by Federal law
enforcement officials to facilitate the enforcement of a law listed in
subsection (a) and to transport such law enforcement officials in
connection with such operations, if--,
"(A) equipment operated by or with the assistance of personnel
assigned under subsection (a) is not used to interdict or to
interrupt the passage of vessels or aircraft; and
"(B) the Secretary of Defense and the Attorney General jointly
determine that an emergency circumstance exists.
"(2) For purposes of this subsection, an emergency circumstance may
be determined to exist only when--,
"(A) the size or scope of the suspected criminal activity in a
given situation poses a serious threat to the interests of the
United States; and
"(B) enforcement of a law listed in subsection (a) would be
seriously impaired if the assistance described in this subsection
were not provided.
" Section 375. // 10 USC 375. // Restriction on direct participation
by military personnel
" The Secretary of Defense shall issue such regulations as may be
necessary to insure that the provision of any assistance (including the
provision of any equipment or facility or the assignment of any
personnel) to any civilian law enforcement official under this chapter
does not include or permit direct participation by a member of the Army,
Navy, Air Force, or Marine Corps in an interdiction of a vessel or
aircraft, a search and seizure, arrest, or other similar activity unless
participation in such activity by such member is otherwise authorized by
law.
" Section 376. // 10 USC 376. // Assistance not to affect adversely
military preparedness
" Assistance (including the provision of any equipment or facility or
the assignment of any personnel) may not be provided to any civilian law
enforcement official under this chapter if the provision of such
assistance will adversely affect the military preparedness of the United
States. The Secretary of Defense shall issue such regulations as may be
necessary to insure that the provision of any such assistance does not
adversely affect the military preparedness of the United States.
" Section 377. // 10 USC 377. // Reimbursement
" The Secretary of Defense shall issue regulations providing that
reimbursement may be a condition of assistance to a civilian law
enforcement official under this chapter.
" Section 378. // 10 USC 378. // Nonpreemption of other law
" Nothing in this chapter shall be construed to limit the authority
of the executive branch in the use of military personnel or equipment
for civilian law enforcement purposes beyond that provided by law prior
to the enactment of this chapter.".
(2) The tables of chapters at the beginning of subtitle A of such
title and at the beginning of part I of subtitle A of such title are
amended by adding after the item relating to chapter 17 the following
new item:
"18. Military Cooperation With Civilian Law Enforcement Officials
371".
(b) Not later than 30 days after the end of the 180-day period
beginning on the date of the enactment of this Act, the Secretary of
Defense shall submit a comprehensive report to Congress on the operation
through the end of such period of chapter 18 of title 10, United States
Code (as added by subsection (a)). Such report shall include findings
of the Secretary concerning the effect of assistance provided under such
chapter.
Sec. 906. (a)(1) Subsection (h) of section 1079 of title 10, United
States Code, is amended to read as follows:
"(h)(1) Payment for a charge for services by an individual health--,
care professional (or other noninstitutional health-care provider) for
which a claim is submitted under a plan contracted for under subsection
(a) may be denied only to the extent that the charge exceeds the amount
equivalent to the 90th percentile of billed charges made for similar
services in the same locality during the base period.
"(2) For the purposes of paragraph (1), the 90th percentile of
charges shall be determined by the Secretary of Defense, in consultation
with the Secretary of Health and Human Services, and the base period
shall be a period of twelve calendar months. The base period shall be
adjusted at least once a year.".
(2) Section 1086(f) of such title is amended by striking out
"physician services" and inserting in lieu thereof "services by an
individual health-care professional (or other noninstitutional
health-care provider)".
(b) The amendments made by subsection (a) // 10 USC 1079 // shall
apply with respect to claims submitted for payment for services provided
after the end of the 30-day period beginning on the date of the
enactment of this Act.
CONTRACT
REGULATIONS
Sec. 907. (a) Sections 2304(a)(3) and 2304(g) of title 10, United
States Code, are amended by striking out "$10,000" and inserting in lieu
thereof "$25,000".
(b) Section 2306(f)(1) of such title is amended by striking out
"$100,000" each place it appears and inserting in lieu thereof
"$500,000".
(c) Section 2311 of such title is amended by striking out "$100,000"
and inserting in lieu thereof "$5,000,000".
Sec. 908. (a)(1) Chapter 137 of title 10, United States Code, is
amended by adding at the end thereof the following new section:
" Section 2315. // 10 USC 2315. // Law inapplicable to the
procurement of automatic data processing equipment and services for
certain defense purposes
"(a) Section 111 of the Federal Property and Administrative Services
Act of 1949 (40 U.S.C. 795) // 40 USC 759. // is not applicable to the
procurement by the Department of Defense of automatic data processing
equipment or services if the function, operation, or use of the
equipment or services--,
"(1) involves intelligence activities;
"(2) involves cryptologic activities related to national
security;
"(3) involves the command and control of military forces;
"(4) involves equipment that is an integral part of a weapon or
weapons system; or
"(5) subject to subsection (b), is critical to the direct
fulfillment of military or intelligence missions.
"(b) Subsection (a)(5) does not include procurement of automatic data
processing equipment or services to be used for routine administrative
and business applications (including payroll, finance, logistics, and
personnel management applications).".
(2) The table of sections at the beginning of such chapter is amended
by adding at the end thereof the following new item:
"2315. Law inapplicable to the procurement of automatic data
processing equipment and services for certain defense purposes.".
(b) Section 2315 of title 10, United States Code, // 10 USC 2315 //
as added by subsection (a), does not apply to a contract made before the
date of the enactment of this Act.
Sec. 909. (a) Section 2301 of title 10, United States Code, is
amended--,
(1) by striking out " It is" and inserting in lieu thereof "(b)
It is also"; and
(2) by inserting after the section heading the following:
"(a)(1) The Congress finds that in order to ensure national defense
preparedness, to conserve fiscal resources, and to enhance defense
production capability, it is in the interest of the United States to
acquire property and services for the Department of Defense in the most
timely, economic, and efficient manner. It is therefore the policy of
the Congress that 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. Further, it is the policy of the Congress that such
contracts, when practicable, provide for the purchase of property at
times and in quantities that will result in reduced costs to the
Government and provide incentives to contractors to improve productivity
through investment in capital facilities, equipment, and advanced
technology.
"(2) It is also the policy of the Congress that 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.".
(b) Section 2306 of such title is amended--,
(1) by striking out "to be performed outside the forty-eight
contiguous States and the District of Columbia" in subsection (g);
and
(2) by adding at the end thereof the following new subsection:
"(h)(1) To the extent that funds are otherwise available for
obligation, the head of an agency may make multiyear contracts (other
than contracts described in paragraph (6)) for the purchase of property,
including weapon systems and items and services associated with weapon
systems (or the logistics support thereof), whenever he finds--,
"(A) that the use of such a contract will promote the national
security of the United States and will result in reduced total
costs under the contract;
"(B) that the minimum need for the property to be purchased is
expected to remain substantially unchanged during the contemplated
contract period in terms of production rate, procurement rate, and
total quantities;
"(C) that there is a reasonable expectation that throughout the
contemplated contract period the Department of Defense will
request funding for the contract at the level required to avoid
contract cancellation;
"(D) that there is a stable design for the property to be
acquired and that the technical risks associated with such
property are not excessive; and
"(E) that the estimates of both the cost of the contract and
the anticipated cost avoidance through the use of a multiyear
contract are realistic.
"(2)(A) The Secretary of Defense shall prescribe defense acquisition
regulations to promote the use of multiyear contracting as authorized by
paragraph (1) in a manner that will allow the most efficient use of
multiyear contracting.
"(B) such regulations may provide for cancellation provisions in such
multiyear contracts to the extent that such provisions are necessary and
in the best interests of the United States. Such cancellation
provisions may include consideration of both recurring and nonrecurring
costs of the contractor associated with the production of the items to
be delivered under the contract.
"(C) in order to broaden the defense industrial base, such
regulations shall provide that, to the extent practicable--,
"(i) multiyear contracting under paragraph (1) shall be used in
such a manner as to seek, retain, and promote the use under such
contracts of companies that are subcontractors, vendors, or
suppliers; and
"(ii) upon accrual of any payment or other benefit under such a
multiyear contract to any subcontractor, vendor, or supplier
company participating in such contract, such payment or benefit
shall be delivered to such company in the most expeditious manner
practicable.
"(D) Such regulations shall also provide that, to the extent
practicable, the administration of this subsection, and of the
regulations prescribed under this subsection, shall not be carried out
in a manner to preclude or curtail the existing ability of agencies in
the Department of Defense to--,
"(i) provide for competition in the production of items to be
delivered under such a contract; or
"(ii) provide for termination of a prime contract the
performance of which is deficient with respect to cost, quality,
or schedule.
"(3) Before any contract described in paragraph (1) that contains a
clause setting forth a cancellation ceiling in excess of $100,000,000
may be awarded, the head of the agency concerned shall give written
notification of the proposed contract and of the proposed cancellation
ceiling for that contract to the Committees on Armed Services and on
Appropriations of the Senate and House of Representatives, and such
contract may not then be awarded until the end of a period of 30 days
beginning on the date of such notification.
"(4) Contracts made under this subsection may be used for the advance
procurement of components, parts, and materials necessary to the
manufacture of a weapon system, and contracts may be made under this
subsection for such advance procurement, if feasible and practical, in
order to achieve economic-lot purchases and more efficient production
rates.
"(5) In the event funds are not made available for the continuation
of a contract made under this subsection into a subsequent fiscal year,
the contract shall be canceled or terminated, and the costs of
cancellation or termination may be paid from--,
"(A) appropriations originally available for the performance of
the contract concerned;
"(B) appropriations currently available for procurement of the
type of property concerned, and not otherwise obligated; or
"(C) funds appropriated for those payments.
"(6) This subsection does not apply to contracts for the
construction, alteration, or major repair of improvements to real
property or contracts for the purchase of property to which section 111
of the Federal Property and Administrative Services Act of 1949 (40 U.
S.C. 759) applies.
"(7) This subsection does not apply to the Coast Guard or the
National Aeronautics and Space Administration.
"(8) For the purposes of this subsection, a multiyear contract is a
contract for the purchase of property or services for more than one, but
not more than five, program years. Such a contract may provide that
performance under the contract during the second and subsequent years of
the contract is contingent upon the appropriation of funds and (if it
does so provide) may provide for a cancellation payment to be made to
the contractor if such appropriations are not made.".
(c) Section 139(c) of such title is amended--,
(1) by striking out "and" at the end of clause(2);
(2) by striking out the period at the end of clause (3) and
inserting in lieu thereof"; and"; and
(3) by adding at the end thereof the following:
"(4) the most efficient production rate and the most efficient
acquistion rate consistent with the program priority established
for such weapon system by the Secretary concerned.".
(d) not later than the end of the 90-day period beginning on the date
of the enactment of this Act--, // 10 USC 2301 //
(1) the Secretary of Defense shall issue such modifications to
existing regulations governing defense acquisitions as may be
necessary to implement the amendments made by subsections (a),
(b), and (c); and
(2) the Director of the Office of Management and Budget shall
issue such modifications to existing Office of Management and
Budget directives as may be necessary to take into account the
amendments made by subsections (a) and (b).
(e) Section 810 of the Department of Defense Appropriation
Authorization Act, 1976 (Public Law 94 - 106; 89 Stat. 539), is
repealed.
(f) Section 2311 of title 10, United States Code, is amended--,
(1) by striking out "(1)"; and
(2) by striking out", and (2) authorizing contracts in excess
of three years under section 2306(g) of this title".
Sec. 910. Section 2358(1) of title 10, United States Code, is
amended by inserting", or by grant to," after "by contract with".
PROVISIONS
Sec. 911. (a)(1) Section 2382 of title 10, United States Code, is
amended to read as follows:
" Section 2382. // 10 USC 2382. // Contract profit controls during
emergency periods
"(a)(1) Upon a declaration of war by Congress or a declaration of
national emergency by the President or by Congress, the President is
authorized to prescribe such regulations to control excessive profits on
defense contracts as he determines are necessary during the period of
such war or national emergency. Such regulations shall be prescribed
only after consultation with the Secretary of Defense, the Secretary of
the Treasury, and the Secretary of Commerce and shall apply to
appropriate defense contracts and subcontracts (as determined by the
President), and to appropriate major modifications of defense contracts
and subcontracts (as determined by the President), that are entered into
during such war or national emergency. Such regulations, if prescribed
by the President, shall be transmitted to Congress within sixty days
after the declaration of such war or national emergency. Any material
amendment to such regulations shall be prescribed in the same manner and
shall promptly be submitted to Congress.
"(2) Such regulations, if prescribed by the President, shall set
forth standards and procedures for determining what constitutes
excessive profits and shall establish thresholds for coverage of
contracts and exemptions (including contracts awarded under competition
and contracts for standard commercial articles and services) that will
minimize administrative expenses and not impose unfair burdens on
contractors.
"(3) In this subsection, 'excessive profits' means profits that are
unconscionable or amount to an unjust enrichment of contractors or
subcontractors, as determined under such regulations as may be
prescribed by the President under subsection (a), taking into
consideration all relevant circumstances, including the character of the
business, complexity of the work or services performed under the
contract or subcontract, the amount of assets and capital required to
perform the contract or subcontract, and the extent to which profit
limitations are imposed on nondefense contractors.
(b) Regulations transmitted by the President under subsection (a)
(including any material amendment to such regulations) shall take effect
unless both House of Congress, within sixty legislative days after the
date upon which the President transmits the regulations, adopt a
concurrent resolution stating in substance that the Congress disapproves
the regulations. For the purposes of the preceding sentence, a
legislative day is a day on which either House of Congress is in
session.
"(c) Regulations not disapproved by both Houses of Congress shall
remain in effect for a period of not more than five years after the date
on which they take effect unless they are extended by a concurrent
resolution adopted by both Houses of the Congress before the date on
which they would expire. Any such extension may not be for a period in
excessof one year.
"(d) The United States Court of Claims shall have exclusive
jurisdiction over claims arising from actions taken under this section
and under regulations prescribed under this section.
"(e) The President shall transmit a report to Congress on the
operation of this section at the end of each one-year period during
which regulations issued under this section are in effect and at the end
of any war or national emergency during which such regulations are in
effect.".
(2) The item relating to section 2382 in the table of sections at the
beginning of chapter 141 of title 10, United States Code, is amended to
read as follows:
"2382. Contract profit controls during emergency periods.".
(b)(1) Section 7300 of title 10, United States Code, is repealed.
(2) The table of sections at the beginning of chapter 633 of such
title is amended by striking out the item relating to section 7300.
(c) No regulation may be issued or other action taken for the purpose
of enforcing any provision of section 2382 // USC 2382 // or section
7300 of title 10, United States Code, with respect to any contract
entered into during the period beginning on October 1,1976, and ending
on the date of the enactment of this Act.
ASSISTANCE
Sec. 912. (a)(1) Chapter 141 of title 10, United States Code, is
amended by adding at the end thereof the following new section:
Section 2391. // 10 USC 2391. // Military base reuse studies and
community planning assistance
"(a) Whenever the Secretary of Defense or the Secretary of the
military department concerned publicly announces that a military
installation is a candidate for closure or that a final decision has
been made to close a military installation and the Secretary of Defense
determines, because of the location, facilities, or other particular
characteristics of the installation, that the installation may be
suitable for some specific Federal, State, or local use potentially
beneficial to the Nation, the Secretary of Defense may conduct such
studies, including the preparation of an environmental impact statement
in accordance with the National Environmental Policy Act of 1969 (42 U.
S.C. 4321 et seq.), in connection with such installation and such
potential use as may be necessary to provide information sufficient to
make sound conclusions and recommendations regarding the possible use of
the installation.
"(b)(1) The Secretary of Defense may make grants, conclude
cooperative agreements, and supplement funds made available under
Federal programs administered by agencies other than the Department of
Defense in order to assist State and local governments, and regional
organizations composed of State and local governments, in planning
community adjustments required (A) by the proposed or actual
establishment, realignment, or closure of a military installation, or
(B) by the cancellation or termination of a Department of Defense
contract or the failure to proceed with an appoved major weapon system
program, if the Secretary of Defense determines that the action is
likely to impose a significant impact on the affected community.
"(2) In the case of the establishment or expansion of a military
installation, assistance may be made under paragraph (1) only if (A)
community impact assistance or special impact assistance is not
otherwise available, and (B) the establishment or expansion involves the
assignment to the installation of (i) more than 2,500 military,
civilian, and contractor Department of Defense personnel, or (ii) more
military, civilian, and contractor Department of Defense personnel than
the number equal to 10 percent of the number of persons employed in
counties or independent municipalities within fifteen miles of the
installation, whichever is lesser.
"(3) In the case of the cancellation or termination of a Department
of Defense contract or the failure to proceed with an approved major
weapon system program, assistance may be made under paragraph (1) only
if the cancellation, termination, or failure to proceed involves the
loss of 2,500 or more full-time Department of Defense and contractor
employee positions in the locality of the affected community.
"(4) Funds provided to State and local governments and regional
organizations under this section may be used as part or all of any
required non-Federal contribution to a Federal grant-in-aid program for
the purposes stated in paragraph (1).
"(5) Not more than $2,000,000 in assistance may be provided under
this subsection in any fiscal year.
"(c) The Secretary of Defense shall submit a report not later than
December 1 of each year to the Committees on Armed Services of the
Senate and House of Representatives concerning the operation of this
section during the preceding fiscal year. Each such report shall
identify each State, unit of local government, and regional organization
that received a grant under this section during such fiscal year and the
total amount granted under this section during such year to each such
State, unit of local government, and regional organization.
"(d) In this section, 'military installation' means any camp, post,
station, base, yard, or other installation under the jurisdiction of a
military department that is located within any of the several States,
the District of Columbia, the Commonwealth of Puerto Rico, or Guam.
"(e) The authority of the Secretary of Defense to make grants under
this section in any fiscal year is subject to the availability of
appropriations for that purpose.".
(2) The table of sections at the beginning of such chapter is amended
by adding at the end thereof the following new item:
"2391. Military base reuse studies and community planning
assistance.".
(b) Section 610 of the Military Construction Authorization Act, 1977
(Public Law 94 - 431; 90 Stat. 1365), // 10 USC 133 // is repealed.
(c) The first report under subsection (c) of section 2391 of title
10, United States Code, // 10 USC 2391 // as added by subsection (a),
shall be submitted not later than December 1, 1982.
DISLOCATIONS
Sec. 913. (a)(1) Chapter 141 of title 10, United States Code, is
amended by adding after section 2391 (as added by section 912) the
following new section:
" Section 2392. // 10 USC 2392. // Prohibition on use of funds to
relieve economic dislocations
"(a) In order to help avoid the uneconomic use of Department of
Defense funds in the procurement of goods and services, the Congress
finds that it is necessary to prohibit the use of such funds for certain
purposes.
"(b) No funds appropriated to or for the use of the Department of
Defense may be used to pay, in connection with any contract awarded by
the Department of Defense, a price differential for the purpose of
relieving economic dislocations.".
(2) The table of sections at the beginning of chapter 141 of such
title is amended by adding after the item relating to section 2391 (as
added by section 912) the following new item:
"2392. Prohibition on use of funds to relieve economic
dislocations.".
(b) The Secretary of Defense may conduct a test program during fiscal
year 1982 in accordance with this subsection to test the effect of
exempting certain contracts of the Department of Defense from the
provisions of section 2392 of title 10, United States Code // 10 USC
2392 // (as added by the amendments made by subsection (a)), and paying
a price differential under such contracts for the purpose of relieving
economic dislocations. Under such test program, the Secretary of
Defense may exempt from the provisions of such section any contract
(other than a contract for the purchase of fuel) made by the Defense
Logistics Agency during fiscal year 1982 if the Secretary determines--,
(1) that the payment of a price differential under such
contract will not adversely affect the national security of the
United States;
(2) that there is a reasonable expectation that bids will be
received from a sufficient number of responsible bidders so that
the award of such contract will be made at reasonable cost to the
United States;
(3) that the price differential to be paid under such contract
will not exceed 5 percent; and
(4) the value of such contract, when added to the cumulative
value of all other contracts awarded under the test program, will
not exceed $3,400,000,000.
(c) Not later than April 15, 1982, the President shall submit a
report to Congress on the implementation and results to that date of the
test program authorized by subsection (b). The report shall include an
assessment of the costs and benefits of the test program.
OFFERORS OR
CONTRACTORS
Sec. 914. (a) Chapter 141 of title 10, United States Code, is
amended by adding after section 2392 (as added by section 913) the
following new section:
" Section 2393. // 10 USC 2393. // Prohibition against doing
business with certain offerors or contractors
"(a)(1) Except as provided in paragraph (2), the Secretary of a
military department may not solicit an offer from, award a contract to,
extend an existing contract with, or, when approval by the Secretary of
the award of a subcontract is required, approve the award of a
subcontract to, an offeror or contractor which to the Secretary's
knowledge has been debarred or suspended by another Federal agency
unless--,
"(A) in the case of a debarment, the debarment of the offeror
or contractor by all other agencies has been terminated or the
period of time specified for such debarment has expired; and
"(B) in the case of a suspension, the period of time specified
by all other agencies for the suspension of the offeror or
contractor has expired.
"(2) Paragraph (1) does not apply in any case in which the Secretary
concerned determines that there is a compelling reason to solicit an
offer from, award a contract to, extend a contract with, or approve a
subcontract with such offeror or contractor.
"(b) Whenever the Secretary concerned makes a determination described
in subsection (a)(2), he shall, at the time of the determination,
transmit a notice to the Administrator of General Services describing
the determination. The Administrator of General Services shall maintain
each such notice in a file available for public inspection.
"(c) In this section:
"(1) ' Debar' means to exclude, pursuant to established
administrative procedures, from Government contracting and
subcontracting for a specified period of time commensurate with
the seriousness of the failure or offense or the inadequacy of
performance.
"(2) ' Suspend' means to disqualify, pursuant to established
administrative procedures, from Government contracting and
subcontracting for a temporary period of time because a concern or
individual is suspected of engaging in criminal, fraudulent, or
seriously improper conduct.".
(b) The table of sections at the beginning of such chapter is amended
by adding after the item relating to section 2392 (as added by section
913) the following new item:
"2393. Prohibition against doing business with certain offerors or
contractors.".
Sec. 915. Chapter 931 of title 10, United States Code, is amended--,
(1) by inserting after the chapter heading the following:
" Subchapter Sec.
" I. General 9501
" II. Civil Reserve Air Fleet 9511
(2) by adding at the end thereof the following new subchapter:
" Sec.
"9511. Definitions.
"9512. Contracts to modify aircraft: cargo-convertible features.
"9513. Contracts to modify aircraft: commitment of aircraft to
Civil Reserve Air Fleet.
" Section 9511. // 10 USC 9511. // Definitions
" In this subchapter:
"(1) ' Aircraft', 'citizen of the United States', 'person', and
'public aircraft' have the meaning given those terms by section
101 of the Federal Aviation Act of 1958 (49 U.S.C. 1301).
"(2) ' Cargo air service' means the carriage of property or
mail on the main deck of a civil aircraft.
"(3) ' Cargo-capable aircraft' means a civil aircraft equipped
so that all or substantially all of the aircraft's capacity can be
used for the carriage of property or mail.
"(4) ' Passenger aircraft' means a civil aircraft equipped so
that its main deck can be used for the carriage of individuals and
cannot be used principally, without major modification, for the
carriage of property or mail.
"(5) ' Cargo-convertible feature' means equipment or design
features included or incorporated in a passenger aircraft that can
readily enable all or substantially all of that aircraft's main
deck to be used for the carriage of property or mail.
"(6) ' Civil aircraft' means an aircraft other than a public
aircraft.
"(7) ' Civil Reserve Air Fleet' means those aircraft allocated,
or identified for allocation, to the Department of Defense under
section 101 of the Defense Production Act of 1950 (50 U.S.C. App.
2071), or made available (or agreed to be made available) for use
by the Department of Defense under a contract made under this
title, as part of the program developed by the Department of
Defense through which the Department of Defense augments its
airlift capability by use of civil aircraft.
"(8) ' Contractor' means a citizen of the United States (A) who
owns or controls, or who will own or control, a civil aircraft and
who contracts with the Secretary of the Air Force to modify that
aircraft by including or incorporating cargo-convertible features
suitable for defense purposes in that aircraft and to commit that
aircraft to the Civil Reserve Air Fleet, or (B) who subsequently
obtains ownership or control of a civil aircraft covered by such a
contract and assumes all existing obligations under that contract.
"(9) ' Existing aircraft' means a civil aircraft other than a
new aircraft.
"(10) ' New aircraft' means a civil aircraft that a
manufacturer has not begun to assemble before the aircraft is
covered by a contract under section 9512 of this title.
"(11) ' Secretary' means the Secretary of the Air Force.
" Section 9512. // 10 USC 9512. // Contracts to modify aircraft:
cargo-convertible features
"(a) Subject to chapter 137 of this title, // 10 USC 2301 // and to
the extent that funds are otherwise available for obligation, the
Secretary may contract with any citizen of the United States (1) for the
modification of any new aircraft to be owned or controlled by that
citizen by the inclusion of cargo-convertible features suitable for
defense purposes in that aircraft, or (2) for the modification of any
existing passenger aircraft owned or controlled by that citizen by the
incorporation of cargo-convertible features suitable for defense
purposes in that aircraft.
"(b) Each contract made under subsection (a) shall include the terms
required by section 9513 of this title and the following terms:
"(1) The contractor shall agree that each aircraft covered by
the contract that is not already registered under section 501 of
the Federal Aviation Act of 1958 (49 U.S.C. 1401) shall be
registered under that section not later than the completion of the
manufacture of the aircraft or the completion of the modification
of the aircraft under the contract.
"(2) The contractor shall agree to repay to the United States a
percentage (to be established in the contract) of any amount paid
by the United States to the contractor under the contract with
respect to any aircraft if--,
contract
are rendered unusable or removed from the aircraft;
person
that is unable or unwilling to assume the contractor's
obligations under the contract;
of
the Federal Aviation Act of 1958 is terminated for
any
reason not beyond the control of the contractor; or
of the
aircraft for cargo air service.
"(c) A contract made under subsection (a) with respect to any
aircraft may include the following terms:
"(1) If the contractor agrees that the main deck of the
aircraft will not be used in cargo air service, the Secretary may
agree to pay the contractor--,
cargo--,
convertible features suitable for defense purposes in
that
aircraft, as described in subsection (a);
such
modification, such amount to be determined by taking
into
consideration the fair market rental cost of a similar
aircraft
(not including crews, ground facilities, or other
support
costs) for that time, the estimated loss of revenue by
the
contractor attributable to the aircraft being out of
service
during that time, and such other factors as the
secretary
considers appropriate; and
the
cost of positioning the aircraft for modification,
recertification
of that aircraft after modification, returning that
aircraft
to service, and other costs directly associated with the
modification.
"(2) If the contractor does not agree that the main deck of the
aircraft will not be used for cargo air service, the Secretary may
agree to pay the contractor an amount not to exceed 50 percent of
the cost of modifying the aircraft to include or incorporate
cargo--, convertible features suitable for defense purposes.
"(3) The Secretary may under the contract be authorized to
contract directly with a person chosen by the contractor to
perform the modification of the aircraft to include or incorporate
cargo-convertible features suitable for defense purposes in that
aircraft and to pay to that person chosen by the contractor--,
amount less
than or equal to the amount to which the contractor
would
otherwise be entitled under paragraph (1)(A); or
of
that aircraft will not be used for cargo air service,
an amount
less than or equal to the amount to which the contractor
would otherwise be entitled to under paragraph (2).
"(d) In addition to any amount the Secretary may agree under
subsection (c)(1) or (c)(3)(A) to pay under a contract made under
subsection (a), the Secretary may agree under such a contract that, if
the contractor agrees that the main deck of the aircraft will not be
used in cargo air service, the Secretary shall make a lump sum or annual
payments (or a combination thereof) to the contractor to cover any
increased costs of operation or any loss of revenue attributable to the
inclusion or incorporation of cargo-convertible features suitable for
defense purposes in the aircraft.
"(e)(1) Subject to paragraph (2), the Secretary may agree, in any
contract made under subsection (a), to pay the contractor an amount for
any loss resulting from the subsequent sale of an aircraft modified
under that contract if the sale of that aircraft is for a price less
than the fair market value, at the time of the sale, of an aircraft
substantially similar to the aircraft being sold but without the
cargo--, convertible features.
"(2) The Secretary may not agree to make a payment under this
subsection with respect to the sale of a modified aircraft unless--,
"(A) the sale is within 16 years and 6 months after the
modified aircraft was initially delivered by the manufacturer to
its original owner, in the case of an aircraft that was modified
during manufacture, or by the modifier to the owner at the time of
modification, in the case of an aircraft that was modified after
manufacture;
"(B) the Secretary received written notice of the proposed sale
at least 60 days before the sale;
"(C) the contractor used its best efforts to obtain bids for
the purchase of the aircraft;
"(D) the sale is a bona fide, arm's-length transaction made to
the highest bidder for a price that is less than the fair market
value of an aircraft substantially similar to the modified
aircraft but without the cargo-convertible features; and
"(E) before the sale the Secretary was given an opportunity to
and refused to purchase the modified aircraft for a price equal to
the fair market value, at the time of the sale, of an aircraft
substantially similar to the modified aircraft but without the
cargo-convertible features.
"(3) Any amount that may be payable under a contract provision made
under this subsection may not exceed the difference between (A) the
sales price of the modified aircraft, and (B) the fair market value, at
the time of the sale, of an aircraft substantially similar to the
modified aircraft but without the cargo-convertible features included or
incorporated into the modified aircraft under the contract.
"(4) The Secretary may use any funds appropriated for Air Force
procurement for fiscal year 1982 or thereafter to pay any obligation
under a contract provision made under this subsection.
"Section 9513. // 10 USC 9513. // Contracts to modify aircraft:
commitment of aircraft to Civil Reserve Air Fleet
"(a) Each contract under section 9512 of this title shall provide--,
"(1) that any aircraft covered by the contract shall be
committed to the Civil Reserve Air Fleet;
"(2) that, so long as the aircraft is owned or controlled by a
contractor, the contractor shall operate the aircraft for the
Department of Defense as needed during any activation of the full
Civil Reserve Air Fleet, notwithstanding any other contract or
commitment of that contractor; and
"(3) that the contractor operating the aircraft for the
Department of Defense shall be paid for that operation at fair and
reasonable rates.
"(b) Notwithstanding section 101 of the Defense Production Act of
1950 (50 U.S.C. App. 2071), each aircraft covered by a contract under
section 9512 of this title shall be committed exclusively to the Civil
Reserve Air Fleet for use by the Department of Defense as needed during
any activation of the full Civil Reserve Air Fleet unless the aircraft
is released from that use by the Secretary of Defense.".
OF MILITARY
RECRUITING
Sec. 916. (a) Section 3 of the Military Selective Service Act (50
U.S.C. App. 453) is amended--,
(1) by inserting "(a)" after " Sec. 3."; and
(2) by adding at the end thereof the following new subsection:
"(b) Regulations prescribed pursuant to subsection (a) may require
that persons presenting themselves for and submitting to registration
under this section provide, as part of such registration, such
identifying information (including date of birth, address, and social
security account number) as such regulations may prescribe.".
(b) Section 12 of such Act (50 U.S.C. App. 462) is amended by adding
at the end thereof the following new subsection:
"(e) The President may require the Secretary of Health and Human
Services to furnish to the Director, from records available to the
Secretary, the following information with respect to individuals who are
members of any group of individuals required by a proclamation of the
President under section 3 to present themselves for and submit to
registration under such section: name, date of birth, social security
account number, and address. Information furnished to the Director by
the Secretary under this subsection shall be used only for the purpose
of the enforcement of this Act.".
(c) Section 15 of such Act (50 U.S.C. App. 465) is amended by adding
at the end thereof the following new subsection:
"(e) Inorder to assist the Armed Forces in recruiting individuals for
voluntary service in the Armed Forces, the Director shall, upon the
request of the Secretary of Defense or the Secretary of Transportation,
furnish to the Secretary the names and addresses of individuals
registered under this Act. Names and addresses furnished pursuant to
the preceding sentence may be used by the Secretary of Defense or
Secretary of Transportation only for recruiting purposes.".
Sec. 917. (a)(1) The program manager (as designated by the Secretary
concerned) for each major defense system included in the Selected
Acquisition Report dated March 31, 1981, and submitted to the Congress
pursuant to section 811 of the Department of Defense Appropriation
Authorization Act, 1976 (Public Law 94 - 106; 10 U.S.C. 139 note),
shall submit to the Secretary concerned, within seven days after the end
of each quarter of fiscal year 1982, a written report on the major
defense system included in such selected acquisition report for which
such manager has responsibility. The program manager shall include in
each such report--,
(A) the total program acquisition unit cost for such major
defense system as of the last day of such quarter; and
(B) in the case of a major defense system for which procurement
funds are authorized to be appropriated by this Act, the current
procurement unit cost for such major defense system as of the last
day of such quarter.
(2) If at any time during any quarter of fiscal year 1982, the
program manager of a major defense system referred to in paragraph (1)
has reasonable cause to believe that (A) the total program acquisition
unit cost, or (B) in the case of a major defense system for which
procurement funds are authorized to be appropriated by this Act, the
current procurement unit cost has exceeded the applicable percentage
increase specified in subsection (b), such manager shall immediately
submit to the Secretary concerned a report containing the information,
as of the date of such report, required by paragraph (1).
(3) The program manager shall also include in each report submitted
pursuant to paragraph (1) or (2) any change from the Selected
Acquisition Report of March 31, 1981, in schedule milestones or system
performances with respect to such system that are known, expected, or
anticipated by such manager.
(b)(1) If the Secretary concerned determines, on the basis of any
report submitted to him pursuant to subsection (a), that the total
program acquisition unit cost (including any increase for expected
inflation) for any major defense system for which no procurement funds
are authorized to be appropriated by this Act has increased by more than
15 percent over the total program acquisition unit cost for such system
reflected in the Selected Acquisition Report of March 31, 1981, the
(except as provided in paragraph (3)) no additional funds may be
obligated in connection with such system after the end of the 30-day
period beginning on the day on which the Secretary makes such
determination. The Secretary shall notify the Congress promptly in
writing of such increase upon making such a determination with respect
to any such major defense system and shall include in such notice the
date on which such determination was made.
(2) If the secretary concerned determines, on the basis of a report
submitted to him pursuant to subsection (a), that--,
(A) the procurement unit cost of a major defense system for
which procurement funds are authorized to be appropriated by this
Act has increased by more than 15 percent over the procurement
unit cost derived from the Selected Acquisition Report of March
31, 1981, or
(B) the total program acquisition unit cost (including any
increase for expected inflation) of such system has increased by
more than 15 percent over the total program acquisition unit cost
for such system as reflected in the Selected Acquisition Report of
March 31, 1981,
then (except as provided in paragraph (3)) no additional funds may be
obligated in connection with such system after the end of the 30-day
period beginning on the day on which the Secretary makes such
determination. The Secretary shall notify the Congress promptly in
writing of such increase upon making such a determination with respect
to any such major defense system and shall include in such notice the
date on which such determination was made.
(3) The prohibition contained in paragraphs (1) and (2) on the
obligation of funds shall not apply in the case of any major defense
system to which such prohibition would otherwise apply if the Secretary
concerned submits to the Congress, before the end of the 30-day period
referred to in paragraph (1) or (2), a written report which includes--,
(A) a statement of the reasons for such increase in total
program acquisition unit cost or procurement unit cost;
(B) the identities of the military and civilian officers
responsible for program management and cost control of the major
defense system;
(C) the action taken and proposed to be taken to control future
cost growth of such system;
(D) any changes made in the performance or schedule milestones
of such system and the degree to which such changes have
contributed to the increase in total program acquisition unit cost
or procurement unit cost;
(E) the identities of the principal contractors for the major
defense system; and
(F) an index of all testimony and documents formally provided
to the Congress on the estimated cost of such system.
(c)(1) If the Secretary concerned--,
(A) on the basis of a report submitted to him pursuant to
subsection (a), determines (i) that the total program acquisition
unit cost (including any increase for expected inflation) for a
major defense system has increased by more than 25 percent over
the total program acquisition unit cost for such system reflected
in the Selected Acquisition Report of March 31, 1981, or (ii) in
the case of any such system for which procurement funds are
authorized to be appropriated by this Act, that the current
procurement unit cost of such system has increased by more than 25
percent over the procurement unit cost derived from the Selected
Acquisition Report of March 31, 1981, and
(B) has submitted a report to the Congress with respect to such
system pursuant to subsection (b)(3),
then (except as provided in paragraph (2)) no additional funds may be
obligated in connection with such system after the end of the 60-day
period beginning on the day on which the Secretary makes such
determination.
(2) The prohibition contained in paragraph (1) on the obligation of
funds shall not apply in the case of a major defense system to which
such prohibition would otherwise apply if the Secretary of Defense
submits to the Congress, before the end of the 60-day period referred to
in such paragraph, a written certification stating that--,
(A) such system is essential to the national security;
(B) there are no alternatives to such system which will provide
equal or greater military capability at less cost;
(C) the new estimates of the total program acquisition unit
cost or procurement unit cost are reasonable; and
(D) the management structure for such major defense system is
adequate to manage and control total program acquisition unit cost
or procurement unit cost.
(d) As used in this section:
(1) The term "total program acquisition unit cost" means, in
the case of a major defense system, the amount equal to (A) the
total cost for development and procurement of, and system--,
specific military construction for, such system, divided by (B)
the number of fully-configured end items to be produced for such
system.
(2) The term "procurement unit cost" means, in the case of a
major defense system, the amount equal to (A) the total of all
procurement funds available for such system in any fiscal year,
divided by (B) the number of fully-configured end items to be
procured with such funds during such fiscal year.
(3) The term " Secretary concerned" has the same meaning as
provided in section 101(8) of title 10, United States Code.
(e) Section 811 of the Department of Defense Appropriation
Authorization Act, 1976 (Public Law 94 - 106; 10 U.S.C. 139 note), is
amended by adding at the end thereof the following new subsection:
"(c)(1) Each report required to be submitted under subsection (a)
shall include the history of the total program acquisition unit cost of
each major defense system from the date on which funds were first
authorized to be appropriated for such system.
"(2) As used in this subsection, the term 'total program acquisition
unit cost' means the amount equal to (A) the total cost for development
and procurement of, and system-specific military construction for, a
major defense system, divided by (B) the number of fully--, configured
end items to be produced for such system.".
WASTE,
FRAUD, ABUSE, AND MISMANAGEMENT IN THE
DEPARTMENT OF
DEFENSE
Sec. 918. // 10 USC 133 // (a) Not later than January 15, 1982, the
Secretary of Defense shall submit to Congress a report containing such
recommendations as he considers necessary or appropriate to improve the
efficiency and management of, and to eliminate waste, fraud, abuse, and
mismanagement in, the operation of the Department of Defense.
(b) In the report required by subsection (a), the Secretary of
Defense shall--,
(1) set forth each recommendation by the Comptroller General
since October 1, 1980, for the elimination of waste, fraud, abuse,
or mismanagement in the Department of Defense; and
(2) provide a statement of--,
practicable,
the projected cost savings from each and an explanation
of why each such recommendation has not been adopted.
(c) Not later than January 15, 1983, the Secretary of Defense shall
submit to Congress a report--,
(1) that sets forth each recommendation by the Comptroller
General since January 1, 1979, for the elimination of waste,
fraud, abuse, or mismanagement in the Department of Defense; and
(2) that provides a statement of--,
practicable,
the projected cost savings from each and an explanation
of why each such recommendation has not been adopted.
Sec. 919. Section 1006(c) of the Department of Defense Authorization
Act, 1981 (Public Law 96 - 342; 94 Stat. 1120), // 22 USC 1928 // is
amended--,
(1) by striking out " March 1, 1981" and inserting in lieu
thereof " March 1, 1982"; and
(2) by striking out "fiscal year 1981" both places it appears
and inserting in lieu thereof "fiscal year 1982".
Sec. 920. (a) Notwithstanding any other provision of law, the
Secretary of Defense is authorized, in connection with the observance on
October 19, 1981, of the two-hundredth anniversary of the surrender of
Lord Cornwallis to General George Washington at Yorktown, Virginia,
which date has been proclaimed by Public Law 96 - 414 (94 Stat. 1724) as
a National Day of Observance of that historic event--,
(1) to provide logistical support and personnel services for
the national observance of such event;
(2) to lend and provide equipment to officials of the Yorktown
Bicentennial Committee as requested by the Secretary of the
Interior; and
(3) to provide such other services as the Secretary of the
Interior may consider necessary and the Secretary of Defense may
consider advisable.
(b) There is authorized to be appropriated to the Secretary of
Defense an amount not to exceed $750,000 for the purpose of carrying out
subsection (a).
(c) No funds may be obligated or expended for carrying out the
purposes of subsection (a) unless such funds have been specifically
appropriated for such purposes.
Approved December 1, 1981.
LEGISLATIVE HISTORY-S. 815 (H.R. 3519):
HOUSE REPORTS: No. 97 - 71, Pt. I (Comm. on Armed Services), Pt. 2
(Comm. on the Judiciary), Pt. 3 (Comm. on Government Operations)
accompanying H.R. 3519 and No. 97 - 311 (Comm. of Conference).
SENATE REPORT No. 97 - 58 (Comm. on Armed Services).
CONGRESSIONAL RECORD, Vol. 127 (1981):
May 12 - 14, considered and passed Senate.
June 24, July 8 - 10, 14 - 16, H.R. 3519 considered and passed
House; proceedings vacated and S. 815, amended, passed in lieu.
Nov. 5, Senate agreed to conference report.
Nov. 17, House agreed to conference report.
PUBLIC LAW 97-85, 95 STAT, 1098
year 1982.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That clauses (c) of sections
101 and 102 of the joint resolution of October 1, 1981 (Public Law 97 -
51), // 5 USC 5318 // are hereby amended by striking out " November 20,
1981" and inserting in lieu thereof " December 15, 1981".
The joint resolution of October 1, 1981 (Public Law 97 - 51), is
amended by adding after section 141:
" Sec. 142. Notwithstanding any other provision of this joint
resolution, such sums as may be necessary, not in excess of, and under
the conditions of the budget request transmitted on November 9, 1981,
for operation, improvement, transfer, and closure of Public Health
Service hospitals and clinics.".
Approved November 23, 1981.
LEGISLATIVE HISTORY- H.J. Res. 368:
CONGRESSIONAL RECORD, Vol. 127 (1981):
Nov. 23, considered and passed House and Senate.
PUBLIC LAW 97-84, 95 STAT, 1097
Holocaust Memorial Council from
sixty to sixty-five and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Act entitled "
An Act to establish the United States Holocaust Memorial Council",
approved October 7, 1980 (94 Stat. 1547; Public Law 96 - 388), // 36
USC 1401. // is amended--,
(1) in subsection (a) of section 2
// 36 USC 1402. //
by striking out "sixty" both times it appears and inserting in
lieu thereof "sixty-five";
(2) in subsection (b) of section 2--,
" All
noncongressional voting members designated under the
preceding
sentence";
inserting
in lieu thereof "such noncongressional voting";
initial"
and inserting in lieu thereof "eleven of such
noncongressional
voting";
and
inserting in lieu thereof "eleven other such
noncongressional
voting"; and
(3) in paragraph (1) of subsection (c) of section 2, by
striking out "with respect to the initial members of the Council";
and
(4) by striking out subsection (b) of section 5
// 36 USC 1405. //
and substituting the following:
"(b) The Executive Director shall have authority to--,
"(1) appoint employees in the competitive service subject to
the provisions of chapter 51 and subchapter III of chapter 53 of
title 5, United States Code,
// 5 USC 5101, 5331. //
relating to classification and general schedule pay rates; and
"(2) appoint and fix the compensation (at a rate not to exceed
the maximum rate of basic pay payable for GS-18 of the General
Schedule)
// 5 USC 5332 //
of up to three employees notwithstanding any other provision of
law.".
Approved November 20, 1981.
LEGISLATIVE HISTORY- S. 1672:
HOUSE REPORT No. 97 - 308, Pt. I (Comm. on Interior and Insular
Affairs).
CONGRESSIONAL RECORD, Vol. 127 (1981):
Oct. 7, considered and passed Senate.
Nov. 4, considered and passed House, amended.
Nov. 13, Senate concurred in House amendment.
PUBLIC LAW 97-83, 95 STAT, 1094
States Submarine Veterans of
World War II.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1. // 36 USC 1801. // The United States Submarine Veterans
of World War II, incorporated under the Non-profit Corporation Act of
the State of New Jersey, and the State of Colorado, is hereby recognized
as such and is granted a charter.
Sec. 2. // 36 USC 1802. // United States Submarine Veterans of World
War II (hereinafter referred to as the "corporation") shall have only
those powers granted to it through its bylaws and articles of
incorporation field in the State or States in which it is incorporated
and subject to the laws of such State or States.
Sec. 3. // 36 USC 1803. // The objects and purposes of the
corporation are those provided in its articles of incorporation and
shall include patriotism and loyalty to the United States of America;
the perpetuation and establishment of memorials to the memory of those
shipmates who served aboard United States submarines and gave their
lives in submarine warfare during World War II; promotion of the spirit
and unity that existed among the United States Navy submarine crewmen
during World War II; fostering general public awareness of life aboard
submarines during World War II, through securing, restoring, and
displaying the submarines that were in service at that time; sponsoring
annual college scholarships; and performance of such acts of charity as
provided for by the constitution and bylaws.
Sec. 4. // 36 USC 1804. // With respect to service of process, the
corporation shall comply with the laws of the States in which it is
incorporated and those States in which it carries on its activities in
furtherance of its corporate purposes.
Sec. 5. // 36 USC 1805. // Eligibility for membership in the
corporation and the rights and privileges of members shall, except as
provided in this Act, be as provided in the constitution and bylaws of
the corporation.
Sec. 6. // 36 USC 1806. // 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 1807. // 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 1808. // (a) No part of the income or assets of
the corporation shall inure to any member, officer, or director of the
corporation or be distributed to any such person during the life of this
charter. Nothing in this subsection shall be construed to prevent the
payment of reasonable compensation to the officers of the corporation or
reimbursement for actual necessary expenses in amounts approved by the
board of directors.
(b) The corporation shall not make any loan to any officer, director,
or employee of the corporation.
(c) The corporation and any officer and director of the corporation,
acting as such officer or director, shall not contribute to, support or
otherwise participate in any political activity or in any manner attempt
to influence legislation.
(d) The corporation shall have no power to issue any shares of stock
nor to declare or pay any dividends.
(e) The corporation shall not claim congressional approval or Federal
Government authority for any of its activities.
Sec. 9. // 36 USC 1809. // 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 1810. // 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 riht 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:
"(55) United states Submarine Veterans of World War II.".
Sec. 12. // 36 USC 1811. // The corporation shall report annually to
the Congress concerning the activities of the corporation during the
preceding fiscal year. Such annual report shall be submitted at the
same time as in the report of the audit required by section 11 of this
Act. The report shall not be printed as a public document.
Sec. 13. // 36 USC 1812. // The right to alter, amend, or repeal
this Act is expressly reserved to the Congress.
Sec. 14. // 36 USC 1813. // 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 1814. // 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 1815. // If the corporation shall fail to comply
with any of the restrictions or provisions of this Act, the charter
granted hereby shall expire.
Approved November 20, 1981.
LEGISLATIVE HISTORY- S. 195 (H.R. 4766):
HOUSE REPORT No. 97 - 284 accompanying H.R. 4766 (Comm. on the
Judiciary).
SENATE REPORT No. 97 - 37 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 127 (1981):
Apr. 27, considered and passed Senate. Oct. 26, H.R. 4766
considered and passed House; proceedings vacated and S. 195,
amended, passed in lieu.
Nov. 9, Senate concurred in House amendments.
PUBLIC LAW 97-82, 95 STAT, 1091
American War Veterans of the
United States.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1. Italian American War Veterans of the United States,
organized and incorporated under the Nonprofit Corporation Acts of the
States of California, Connecticut, Florida, Massachusetts, New Jersey,
New York, Ohio, Pennsylvania, and Rhode Island, // 36 USC 1701. // is
hereby recognized as such and is granted a charter.
Sec. 2. // 36 USC 1702. // Italian American War Veterans of the
United States (hereinafter referred to as the "corporation") shall have
only those powers granted to it through its bylaws and articles of
incorporation filed in the State or States in which it is incorporated
and subject to the laws of such State or States.
Sec. 3. // 36 USC 1703. // The objects and purposes of the
corporation are those provided in its articles of incorporation and
shall include the giving of patriotic allegiance to the United States of
America, fidelity to its Constitution and laws, and support to the
security of civil liberty and permanence of free institutions; the
stimulation of patriotism in the minds of all Americans by encouraging
the study of the history of the United States; to assure the
preservation and defense of the United States of America from all
enemies without any reservation whatsoever; the preservation of the
memories and records of patriotic service performed by men and women who
served in the Armed Forces of the United States by gathering, collating,
editing, publishing, and exhibiting the memorabilia, data, records,
military awards, decorations, citations of those who served in the Armed
Forces of the United States, and the promotion of peace, prosperity, and
good will between the peoples of the United States of America and the
Republic of Italy. The corporation shall function as a veterans' and
patriotic organization as authorized by the laws of the State or States
where it is incorporated.
Sec. 4. // 36 USC 1704. // With respect to service of process, the
corporation shall comply with the laws of the States in which it is
incorporated and those States in which it carries on its activities in
furtherance of its corporate purposes.
Sec. 5. // 36 USC 1705. // Any American citizen shall be eligible
for membership in the corporation who was honorably discharged from the
Armed Forces of the United States of America, and 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 bylaws of
the corporation.
Sec. 6. // 36 USC 1706. // 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 1707. // 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 1708. // (a) No part of the income or assets of
the corporation shall inure to any member, officer, or director of the
corporation or be distributed to any such person during the life of this
charter. Nothing in this subsection shall be construed to prevent the
payment of reasonable compensation to the officers of the corporation or
reimbursement for actual necessary expenses in amounts approved by the
board of directors.
(b) The corporation shall not make any loan to any officer, director,
or employee of the corporation.
(c) The corporation and any officer and director of the corporation,
acting as such officer or director, shall not contribute to, support or
otherwise participate in any political activity or in any manner attempt
to influence legislation.
(d) The corporation shall have no power to issue any shares of stock
nor to declare or pay any dividends.
(e) The corporation shall not claim congressional approval or Federal
Government authority for any of its activities.
Sec. 9. // 36 USC 1709. // 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 1710. // 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 the
Federal law", approved August 30, 1964 (36 U.S.C. 1101), is amended by
adding at the end thereof the following:
"(54) Italian American War Veterans of the United States.".
Sec. 12. // 36 USC 1711. // The corporation shall report annually to
the Congress concerning the activities of the corporation during the
preceding fiscal year. Such annual report shall be submitted at the
same time as is the report of the audit required by section 11 of this
Act. The report shall not be printed as a public document.
Sec. 13. // 36 USC 1712. // The right to alter, amend, or repeal
this Act is expressly reserved to the Congress.
Sec. 14. // 36 USC 1713. // 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 1714. // 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 1715. // If the corporation shall fail to comply
with any of the restrictions or provisions of this Act, the charter
granted hereby shall expire.
Approved November 20, 1981.
LEGISLATIVE HISTORY- H.R. 4734:
HOUSE REPORT No. 97 - 287 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 127 (1981):
Oct. 26, considered and passed House.
Nov. 10, considered and passed Senate.
PUBLIC LAW 97-81, 95 STAT, 1085, MILITARY JUSTICE AMENDMENTS OF 1981.
military justice system.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
MILITARY JUSTICE
Section 1. (a) This Act // 10 USC 801. // may be cited as the "
Military Justice Amendments of 1981".
(b) Whenever in this Act (except in sections 2(a) and 2(b)) an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of chapter 47 of title 10,
United States Code (the Uniform Code of Military Justice). // 10 USC
801. //
Sec. 2. (a) Section 701(a) of title 10, United States Code, is
amended--,
(1) by striking out "and" at the end of clause (2);
(2) by striking out the period at the end of clause (3) and
inserting in lieu thereof "; and"; and
(3) by inserting after clause (3) the following new clause:
"(4) leave required to be taken under section 876a of this
title.".
(b)(1) Chapter 40 of such title is amended by adding at the end
thereof the following new sections:
" Sections 706. // 10 USC 706. // Administration of leave required
to be taken pending review of certain court-martial convictions
"(a) A period of leave required to be taken under section 876a of
this title shall be charged against any accrued leave to the member's
credit on the day before the day such leave begins unless the member
elects to be paid for such accrued leave under subsection (b). If the
member does not elect to be paid for such accrued leave under subsection
(b), or does not have sufficient accrued leave to his credit to cover
the total period of leave required to be taken, the leave not covered by
accrued leave shall be charged as excess leave. If the member elects to
be paid for accrued leave under subsection (b), the total period of
leave required to be taken shall be charged as excess leave.
"(b)(1) A member who is required to take leave under section 876a of
this title and who has accrued leave to his credit on the day before the
day such leave begins may elect to be paid for such accrued leave. Any
such payment shall be based on the rate of basic pay to which the member
was entitled on the day before the day such leave began. If the member
does not elect to be paid for such accrued leave, the member is entitled
to pay and allowances during the period of accrued leave required to be
taken.
"(2) Except as provided in paragraph (1) and in section 707 of this
title, a member may not accrue or receive pay or allowances during a
period of leave required to be taken under section 876a of this title.
"(c)(1) A member required to take leave under section 876a of this
title is not entitled to any right or benefit under section 2021 of
title 38 solely because of employment during the period of such leave.
"(2) Section 974 of this title does not apply to a member required to
take leave under section 876a of this title during the period of such
leave.
" Sections 707. // 10 USC 707. // Payment upon disapproval of
certain court-martial sentences for excess leave required to be taken
"(a) A member--,
"(1) who is required to take leave under section 876a of this
title, any period of which is charged as excess leave under
section 706(a) of this title; and
"(2) whose sentence by court-martial to a dismissal or a
dishonorable or bad-conduct discharge is set aside or disapproved
by a Court of Military Review under section 866 of this title or
by the United States Court of Military Appeals under section 867
of this title,
shall be paid, as provided in subsection (b), for the period of leave
charged as excess leave, unless a rehearing or new trial is ordered and
a dismissal or a dishonorable or bad-conduct discharge is included in
the result of the rehearing or new trial and such dismissal or discharge
is later executed.
"(b)(1) A member entitled to be paid under this section shall be
deemed, for purposes of this section, to have accrued pay and allowances
for each day of leave required to be taken under section 876a of this
title that is charged as excess leave (except any day of accrued leave
for which the member has been paid under section 706(b)( 1) of this
title and which has been charged as excess leave). If the pay grade of
the member was reduced to a lower grade as a result of the court-martial
sentence (including any reduction in pay grade under section 858a of
this title) and such reduction has not been set aside, disapproved, or
otherwise vacated, pay and allowances to be paid under this section
shall be deemed to have accrued in such lower grade. Otherwise, such
pay and allowances shall be deemed to have accrued in the pay grade held
by the member on the day before the day on which his court-martial
sentence was approved by the convening authority.
"(2) Such a member shall be paid the amount of pay and allowances
that he is deemed to have accrued, reduced by the total amount of his
income from wages, salaries, tips, other personal service income,
unemployment compensation, and public assistance benefits from any
Government agency during the period he is deemed to have accrued pay and
allowances. Except as provided in paragraph (3), such payment shall be
made as follows:
"(A) Payment shall be made within 60 days from the date of the
order setting aside or disapproving the sentence by court-martial
to a dismissal or a dishonorable or bad-conduct discharge if no
rehearing or new trial has been ordered.
"(B) Payment shall be made within 180 days from the date of the
order setting aside or disapproving the sentence by court-martial
to a dismissal or a dishonorable or bad-conduct discharge if a
rehearing or new trial has been ordered but charges have not been
referred to a rehearing or new trial within 120 days from the date
of that order.
"(C) If a rehearing or new trial has been ordered and a
dismissal or a dishonorable or bad-conduct discharge is not
included in the result of such rehearing or new trial, payment
shall be made within 60 days of the date of the announcement of
the result of such rehearing or new trial.
"(D) If a rehearing or new trial has been ordered and a
dismissal or a dishonorable or bad-conduct discharge is included
in the result of such rehearing or new trial, but such dismissal
or discharge is not later executed, payment shall be made within
60 days of the date of the order which set aside, disapproved, or
otherwise vacated such dismissal or discharge.
"(3) If a member is entitled to be paid under this section but fails
to provide sufficient information in a timely manner regarding his
income when such information is requested under regulations prescribed
under subsection (c), the periods of time prescribed in paragraph (2)
shall be extended until 30 days after the date on which the member
provides the information requested.
"(c) This section shall be administered under uniform regulations
prescribed by the Secretaries concerned. Such regulations may provide
for the method of determining a member's income during any period the
member is deemed to have accrued pay and allowances, including a
requirement that the member provide income tax returns and other
documentation to verify the amount of his income.".
(2) The table of sections at the beginning of such chapter is amended
by adding at the end thereof the following new items:
"706. Administration of leave required to be taken pending review of
certain court-martial convictions.
"707. Payment upon disapproval of certain court-martial sentences
for excess leave required to be taken.".
(c)(1) Subchapter IX is amended by adding at the end thereof the
following new section (article):
" Sections 876a. // 10 USC 876a. // Art. 76a. Leave required to be
taken pending review of certain court-martial convictions.
" Under regulations prescribed by the Secretary concerned, an accused
who has been sentenced by a court-martial may be required to take leave
pending completion of action under this subchapter if the sentence, as
approved under section 864 or 865 of this title (article 64 or 65) by
the officer exercising general court-martial jurisdiction, includes an
unsuspended dismissal or an unsuspended dishonorable or bad-conduct
discharge. The accused may be required to begin such leave on the date
on which the sentence is approved by the officer exercising general
court-martial jurisdiction or at any time after such date, and such
leave may be continued until the date on which action under this
subchapter is completed or may be terminated at any earlier time.".
(2) The table of sections at the beginning of such subchapter is
amended by adding at the end thereof the following new item:
"876a. 76a. Leave required to be taken pending review of certain
court-martial convictions.".
Sec. 3. Section 813 (article 13) // 10 USC 813. // is amended--,
(1) by striking out " Subject to section 857 of this title
(article 57), no" and inserting in lieu thereof " No"; and
(2) by striking out "or the result of trial".
Sec. 4. (a) Section 832(b) (article 32(b)) // 10 USC 832. // is
amended by striking out the second sentence and inserting in lieu
thereof " The accused has the right to be represented at that
investigation as provided in section 838 of this title (article 38) and
in regulations prescribed under that section.".
(b) Subsection (b) of section 838 (article 38(b)) // 10 USC 838. //
is amended to read as follows:
"(b)(1) The accused has the right to be represented in his defense
before a general or special court-martial or at an investigation under
section 832 of this title (article 32) as provided in this subsection.
"(2) The accused may be represented by civilian counsel if provided
by him.
"(3) The accused may be represented--,
"(A) by military counsel detailed under section 827 of this
title (article 27); or
"(B) by military counsel of his own selection if that counsel
is reasonably available (as determined under regulations
prescribed under paragraph (7)).
"(4) If the accused is represented by civilian counsel, military
counsel detailed or selected under paragraph (3) shall act as associate
counsel unless excused at the request of the accused.
"(5) Except as provided under paragraph (6), if the accused is
represented by military counsel of his own selection under paragraph
(3)(B), any military counsel detailed under paragraph (3)(A) shall be
excused.
"(6) The accused is not entitled to be represented by more than one
military counsel. However, a convening authority, in his sole
discretion--,
"(A) may detail additional military counsel as assistant
defense counsel; and
"(B) if the accused is represented by military counsel of his
own selection under paragraph (3)(B), may approve a request from
the accused that military counsel detailed under paragraph (3)(A)
act as associate defense counsel.
"(7) The Secretary concerned shall, by regulation, define 'reasonably
available' for the purpose of paragraph (3)(B) and establish procedures
for determining whether the military counsel selected by an accused
under that paragraph is reasonably available. To the maximum extent
practicable, such regulations shall establish uniform policies among the
armed forces while recognizing the differences in the circumstances and
needs of the various armed forces. The Secretary concerned shall submit
copies of regulations prescribed under this paragraph to the Committees
on Armed Services of the Senate and House of Representatives.".
DECISIONS
Sec. 5. Subsection (c) of section 867 (article 67(c)) // 10 USC 867.
// is amended to read as follows:
"(c) The accused may petition the Court of Military Appeals for
review of a decision of a Court of Military Review within 60 days from
the earlier of--,
"(1) the date on which the accused is notified of the decision
of the Court of Military Review; or
"(2) the date on which a copy of the decision of the Court of
Military Review, after being served on appellate counsel of record
for the accused (if any), is deposited in the United States mails
for delivery by first-class certified mail to the accused at an
address provided by the accused or, if no such address has been
provided by the accused, at the latest address listed for the
accused in his official service record.
The Court of Military Appeals shall act upon such a petition promptly in
accordance with the rules of the court.".
GENERAL
Sec. 6. Section 869 (article 69) // 10 USC 869. // is amended by
adding at the end thereof the following new sentence: " When such a
case is considered upon application of the accused, the application must
be filed in the Office of the Judge Advocate General by the accused
before--,
"(1) October 1, 1983; or
"(2) the last day of the two-year period beginning on the date
the sentence is approved by the convening authority or, in a
special court-martial case which requires action under section
865(b) of this title (article 65(b)), the officer exercising
general court-martial jurisdiction,
whichever is later, unless the accused establishes good cause for
failure to file within that time.".
Sec. 7. (a) The amendments made by this Act // 10 USC 706. // shall
take effect at the end of the sixty-day period beginning on the date of
the enactment of this Act.
(b)(1) The amendments made by section 2 shall apply to each member
whose sentence by court-martial is approved on or after the effective
date of such amendments under section 864 or 865 (article 64 or 65) of
title 10, United States Code, by the officer exercising general
court-martial jurisdiction.
(2) The amendments made by section 3 shall apply to each person held
as the result of a court-martial sentence announced on or after the
effective date of such amendments.
(3) The amendment made by section 4(a) shall apply with respect to
investigations under section 832 (article 32) of title 10, United States
Code, that begin on or after the effective date of such amendment.
(4) The amendment made by section 4(b) shall apply to trials by
courts-martial in which all charges are referred to trial on or after
the effective date of such amendment.
(5) The amendment made by section 5 shall apply to any accused with
respect to a Court of Military Review decision that is dated on or after
the effective date of such amendment.
Approved November 20, 1981.
LEGISLATIVE HISTORY- H.R. 4792:
HOUSE REPORT No. 97 - 306 (Comm. on Armed Services).
CONGRESSIONAL RECORD, Vol. 127 (1981):
Nov. 4, considered and passed House.
Nov. 5, considered and passed Senate.
PUBLIC LAW 97-80, 95 STAT, 1081
and the Federal Fire
Prevention and Control Act of 1974 to authorize the
appropriation of funds to the
Director of the Federal Emergency Management
Agency to carry out the earthquake
hazards reduction programs and the fire prevention and
control program,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Sec. 101. (a) Section 7(a) of the Earthquake Hazards Reduction Act
of 1977 // 42 USC 7706. // is amended by adding at the end thereof the
following new paragrah:
"(3) There are authorized to be appropriated to the Director for the
fiscal year ending September 30, 1982, $2,000,000 to carry out the
provisions of sections 5 and 6 of this Act.".
(b) Section 7(b) of such Act is amended by striking out "and" after
"1980;", and by inserting "; and $34,425,000 for the fiscal year ending
September 30, 1982" before the period at the end thereof.
(c) Section 7(c) of such Act is amended by striking out "and" after
"1980;", and by inserting "; and $27,150,000 for the fiscal year ending
September 30, 1982" before the period at the end thereof.
(d) Section 7(d) of such Act is amended by inserting "; and $425,000
for the fiscal year ending September 30, 1982" before the period at the
end thereof.
(e) Section 7 of such Act is further amended by adding at the end
thereof the following new subsection:
"(e) Funds for Certain Required Adjustments.-For the fiscal year
ending September 30, 1982, there are authorized to be appropriated such
further sums as may be necessary for adjustments required by law in
salaries, pay, retirement, and employee benefits incurred in the conduct
of activities for which funds are authorized by the preceding provisions
of this section.".
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:
"(d) Except as otherwise specifically provided with respect to the
payment of claims under section 11 of this Act, // 15 USC 2210. // to
carry out the purposes of this Act, there are authorized to be
appropriated--,
"(1) $20,815,000 for the fiscal year ending September 30, 1982,
and $23,312,800 for the fiscal year ending September 30, 1983,
which amount shall include--,
of the
National Bureau of Standards under section 18 of
this Act,
// 15 USC 278f. //
which sums shall be in addition to those funds
authorized to
be appropriated under the National Bureau of
Standards
Authorization Act for fiscal years 1981 and 1982;
// 94 Stat. 2049. //
and
September 30, 1982,
and $732,480 for the fiscal year ending
September 30, 1983,
for executive direction by the Federal Emergency
Management
Agency of program activities for which appropriations
are authorized by this subsection; and
"(2) such further sums as may be necessary in each of the
fiscal years ending September 30, 1982, and September 30, 1983,
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 fundsauthorized under section 18 // 15 USC 278f. // 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. (a)(1) The Administrator of the United States Fire
Administration is authorized and directed to convey by quit-claim deed,
without consideration, to Gallaudet College, a body corporate created by
Act of Congress approved February 16, 1857, as amended, all right,
title, and interest of the United States in and to the following
described tract of land, together with all buildings and other
improvements thereon, situated in the District of Columbia: Lots
numbered 75 to 79 inclusive in square numbered 2745-F in the subdivision
made by the Rock Creek Park Estates, Incorporated, as per plat recorded
in the Office of the Surveyor for the District of Columbia in liber 115
at folio 193. Lots numbered 66 and 67 in said square numbered 2745-F in
the subdivision made by Alpheus H. Ryan, as per plat recorded in said
Surveyor's Office in liber 104 at folio 3. Also parts of a tract of
land called " Coluin Course". All of above described property being
described in one parcel as follows: Beginning for the same at a point
of intersection of the southerly line of Kalmia Road, with the west line
of lot 80 in square 2745-F in the combination of lots made by Marjorie
Webster Junior College, Incorporated, as per plat recorded in said
Surveyor's Office in liber 146 at folio 188, and running thence along
said west line of said lot 80, south 0 degree 05 minutes west 235.11
feet to the southerly or rear line thereof, and thence along the
southerly line of said lot 80, south 69 degrees 18 minutes 10 seconds
east 437.19 feet more or less to the west line of a 16 foot wide public
alley; thence running south 0 degree 05 minutes west along said west
line of said alley 20.16 feet; thence south 59 degrees 53 minutes 13
seconds west 610.64 feet to the northeasterly line of 17th Street,
thence along said line of said street, deflecting to the right with the
arc of a circle whose radius is 869.11 feet, 90.07 feet to a point of
tangent, and running thence north 30 degrees 11 minutes 40 seconds west
and still along the said northeasterly line of 17th Street, 538.81 feet
to a point of curve; thence deflecting to the right with the arc of a
circle whose radius is 41.51 feet northeasterly 66.35 feet to a point of
tangency in the south line Kalmia Road (60 feet wide) thence with the
south line of said Kalmia Road, north 61 degrees 24 minutes east 187.84
feet; thence south 28 degrees 36 minutes east 15 feet to the most
southerly line Kalmia Road (90 feet wide); thence with the most
southerly line of said road, and deflecting to the right with the arc of
a circle whose radius is 385 feet, easterly 260 feet to the point of
beginning.
(2) At the date hereof, the above described part of Clouin Course
formerly taxed as parcel 77/63 is designated on the records of the
Assessor for the District of Columbia for assessment and taxation
purposes as lot 815 in square 2745-F.
(3) Lot numbered 80 in square numbered 2745-F in the combination of
lots made by Marjorie Webster Junior College, Incorporated, is as per
plat recorded in said Surveyor's Office in liber 146 at folio 188.
(b) Section 25 of the Federal Fire Prevention and Control Act of 1974
// 15 USC 221. // is repealed.
Sec. 301. // 42 USC 7701 // (a) Pusuant to the Earthquake Hazards
Reduction Act of 1977, the Federal Fire Prevention and Control Act of
1974, // 15 USC 2201 // and title III of Public Law 96 - 472 // 94 Stat.
2260. // (which recognized that "natural and manmade hazards may not be
independent of one another in any given disaster"), and further
recognizing that emergency personnel are often called upon to meet
emergencies outside of their primary field of service, section 301 of
Public Law 96 - 472 // 50 USC app. 2251 // is amended--,
(1) by inserting before the period at the end of the first
sentence the following:", and it is also recognized that emergency
personnel are often called upon to meet emergencies outside of
their primary field of service", and
(2) by striking out "and" after the semicolon at the end of
paragraph (5), by striking out the period at the end of paragraph
(6) and inserting in lieu thereof a semicolon, and by adding after
paragraph (6) the following new paragraphs:
"(7) conduct emergency first response programs so as to better
train and prepare emergency personnel to meet emergencies outside
of their primary field of service; and
"(8) conduct a program of planning, preparedness, and
mitigation related to the multiple direct and indirect hazards
resulting from the occurence of large earthquakes.".
(b) Section 302 of Public Law 96 - 472 // 50 USC app. 2251 // is
amended--,
(1) by inserting "(a) after " Sec. 302."; and
(2) by adding at the end thereof the following new subsection:
"(b) For the fiscal year ending September 30, 1982, there are
authorized to be appropriated to the Director--,
"(1) $4,939,000 to carry out section 301, which amount shall
include--,
Fire Administration
in carrying out paragraph (7) of such section; and
of
such section with respect to those large California
earthquakes
which were identified by the National Security
Council's Ad Hoc Committee on Assessment of
Consequences
and Preparations for a Major California Earthquake;
and
"(2) such further sums as may be necessary for adjustments
required by law in salaries, pay, retirement, and employee
benefits incurred in the conduct of activities for which funds are
authorized by paragraph (1) of this subsection.".
Sec. 401. Funds authorized to be appropriated by title I, title II,
or title III may be transferred among the program categories listed in
that title, except that neither the total funds transferred from any
such program category nor the total funds transferred to any such
program category may exceed 10 per centum of the amount authorized for
that program category unless--,
(1) thirty calendar days have passed after the Director or his
designee has transmitted to the Speaker of the House of
Representatives, to the President of the Senate, to the chairman
of the Committee on Science and Technology of the House of
Representatives, and to the chairman of the Committee on Commerce,
Science, and Transportation of the Senate a written report
containing a full and complete explanation of the transfer
involved and the reason for it, or
(2) before the expiration of such thirty days both chairmen
have written to the Director stating that they have no objection
to the proposed transfer.
For purposes of this section, the program activity or activities for
which funds are authorized by each of the following provisions of law as
amended by this Act shall each be deemed to constitute a "program
category": Subsections (a), (b), (c), (d), and (e) of section 7 of the
Earthquake Hazards Reduction Act of 1977; paragraphs (1)(A), (1)(B),
and (2) of section 17(d) of the Federal Fire Prevention and Control Act
of 1974; and paragraphs (1)(A), (1)(B), (1)(C), and (2) of section
302(b) of Public Law 96 - 472; and section 302(c) of such Public Law.
Approved November 20, 1981.
LEGISLATIVE HISTORY- S. 999 (H.R. 3356):
HOUSE REPORTS: No. 97 - 59, Pt. I (Comm. on Interior and Insular
Affairs) and Pt. II (Comm. on Science and Technology) both accompanying
H.R. 3356.
SENATE REPORT No. 97 - 39 (Comm. on Commerce, Science and
Transportation).
CONGRESSIONAL RECORD, Vol. 127 (1981):
Apr. 29, considered and passed Senate.
Oct. 13, 14, H.R. 3356 considered and passed House;
proceedings vacated and S. 999, amended, passed in lieu.
Oct. 16, Senate concurred in House amendments with an
amendment.
Nov. 5, House concurred in Senate amendment with amendments;
Senate concurred in House amendments.
PUBLIC LAW 97-79, 95 STAT, 1073, LACEY ACT AMENDMENTS OF 1981,
wildlife.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress Assembled, That this Act // USC
3401 // may be cited as the " Lacey Act Amendments of 1981".
SEC. 2. DEFINITIONS.
For the purposes of this Act:
(a) The term "fish or wildlife" means any wild animal, whether alive
or dead, including without limitation any wild mammal, bird, reptile,
amphibian, fish, mollusk, crustacean, arthropod, coelenterate, or other
invertebrate, whether or not bred, hatched, or born in captivity, and
includes any part, product, egg, or offspring thereof.
(b) The term "import" means to land on, bring into, or introduce
into, any place subject to the jurisdiction of the United States,
whether or not such landing, bringing, or introduction constitutes an
importation within the meaning of the customs laws of the United States.
(c) The term " Indian tribal law" means any regulation of, or other
rule of conduct enforceable by, any Indian tribe, band, or group but
only to the extent that the regulation or rule applies within Indian
country as defined in section 1151 of title 18, United States Code.
(d) The terms "law", "treaty," "regulation," and " Indian tribal law"
mean laws, treaties, regulations or Indian tribal laws which regulate
the taking, possession, importation, exportation, transportation, or
sale of fish or wildlife or plants.
(e) The term "person" includes any individual, partnership,
association, corporation, trust, or any officer, employee, agent,
department, or instrumentality of the Federal Government or of any State
or political subdivision thereof, or any other entity subject to the
jurisdiction of the United States.
(f) The terms "plant and "plants" mean any wild member of the plant
kingdom, including roots, seeds, and other parts thereof (but excluding
common food crops and cultivars) which is indigenous to any State and
which is either (A) listed on an appendix to the Convention on
International Trade in Endangered Species of Wild Fauna and Flora, or
(B) listed pursuant to any State law that provides for the conservation
of species threatened with extinction.
(g) The term " Secretary" means, except as otherwise provided in the
Act, the Secretary of the Interior or the Secretary of Commerce, as
program responsibilities are vested pursuant to the provisions of
Reorganization Plan Numbered 4 of 1970 (84 Stat. 2090); // USC app. //
except that with respect to the provisions of this Act which pertain to
the importation or exportation of plants the term means the Secretary of
Agriculture.
(h) The term " State" means any of the several States, the District
of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam,
Northern Mariana Islands, American Samoa, and any other territory,
commonwealth, or possession of the United States.
(i) The term "taken" means captured, killed, or collected.
(j) The term "transport" means to move, convey, carry, or ship by any
means, or to deliver or receive for the purpose of movement, conveyance,
carriage, or shipment.
SEC. 3. // USC 3402. // PROHIBITED ACTS.
(a) Offenses Other Than Marking Offenses.-It is unlawful for any
person--,
(1) to import, export, transport, sell, receive, acquire, or
purchase any fish or wildlife or plant taken or possessed in
violation of any law, treaty, or regulation of the United States
or in violation of any Indian tribal law;
(2) to import, export, transport, sell, receive, acquire, or
purchase in interstate or foreign commerce--,
State or in
violation of any foreign law, or
(3) within the special maritime and territorial jurisdiction of
the United States (as defined in section 7 of title 18, United
States Code)--,
transported,
or sold in violation of any law or regulation of any
State or in violation of any foreign law or Indian
tribal law,
or
or
sold in violation of any law or regulation of any
State;
(4) having imported, exported, transported, sold, purchased, or
received any fish or wildlife or plant imported from any foreign
country or transported in interstate or foreign commerce, to make
or submit any false record, account, label, or identification
thereof; or
(5) to attempt to commit any act described in paragraphs (1)
through (4).
(b) Marking Offenses.-It is unlawful for any person to import,
export, or transport in interstate commerce any container or package
containing any fish or wildlife unless the container or package has
previously been plainly marked, labeled, or tagged in accordance with
the regulations issued pursuant to paragraph (2) of subsection 7(a) of
this Act.
SEC. 4. // USC 3403. // PENALTIES AND SANCTIONS.
(a) Civil Penalties.--,
(1) Any person who engages in conduct prohibited by any
provision of this Act (other than subsection 3(b)) and in the
exercise of due care should know that the fish or wildlife or
plants were taken, possessed, transported, or sold in violation
of, or in a manner unlawful under, any underlying law, treaty, or
regulation, may be assessed a civil penalty by the Secretary of
not more than $10,000 for each such violation: Provided, That
when the violation involves fish or wildlife or plants with a
market value of less than $350, and involves only the
transportation, acquisition, or receipt of fish or wildlife or
plants taken or possessed in violation of any law, treaty, or
regulation of the United States, any Indian tribal law, any
foreign law, or any law or regulation of any State, the penalty
assessed shall not exceed the maximum provided for violation of
said law, treaty, or regulation, or $10,000, whichever is less.
(2) Any person who violates subsection 3(b) may be assessed a a
civil penalty by the Secretary of not more than $250.
(3) For purposes of paragraphs (1) and (2), any reference to a
provision of this Act or to a section of this Act shall be treated
as including any regulation issued to carry out any such provision
or section.
(4) No civil penalty may be assessed under this subsection
unless the person accused of the violation is given notice and
opportunity for a hearing with respect to the violation. Each
violation shall be a separate offense and the offense shall be
deemed to have been committed not only in the district where the
violation first occurred, but also in any district in which a
person may have taken or been in possession of the said fish or
wildlife or plants.
(5) Any civil penalty assessed under this subsection may be
remitted or mitigated by the Secretary.
(6) In determining the amount of any penalty assessed pursuant
to paragraphs (1) and (2), the Secretary shall take into account
the nature, circumstances, extent, and gravity of the prohibited
act committed, and with respect to the violator, the degree of
culpability, ability to pay, and such other matters as justice may
require.
(b) Hearings.-Hearings held during proceedings for the assessment of
civil penalties shall be conducted in accordance with section 554 of
title 5, United States Code. The administrative law judge may issue
subpenas for the attendance and testimony of witnesses and the
production of relevant papers, books, or documents, and may administer
oaths. Witnesses summoned shall be paid the same fees and mileage that
are paid to witnesses in the courts of the United States. In case of
contumacy or refusal to obey a subpena issued pursuant to this paragraph
and served upon any person, the district court of the United States for
any district in which such person is found, resides, or transacts
business, upon application by the United States and after notice to such
person, shall have jurisdiction to issue an order requiring such person
to appear and give testimony before the administrative law judge or to
appear and produce documents before the administrative law judge, or
both, and any failure to obey such order of the court may be punished by
such court as a contempt thereof.
(c) Review.-Any person against whom a civil penalty is assessed under
this section may obtain review thereof in the appropriate district court
of the United States by filing a notice of appeal in such court within
thirty days from the date of such order and by simultaneously sending a
copy of such notice by certified mail to the Secretary. The Secretary
shall promptly file in such court a certified copy of the record upon
which such violation was found or such penalty imposed, as provided in
section 2112 of title 28, United States Code. If any person fails to
pay an assessment of a civil penalty after it has become a final and
unappealable order or after the appropriate court has entered final
judgment in favor of the Secretary, the Secretary may request the
Attorney General of the United States to institute a civil action in an
appropriate district court of the United States to collect the penalty,
and such court shall have jurisdiction to hear and decide any such
action. In hearing such action, the court shall have authority to
review the violation and the assessment of the civil penalty de novo.
(d) Criminal Penalties.--,
(1) Any person who-
(other than
subsection 3(b)), or
subsection
3(b)) by knowingly engaging in conduct that involves the
sale or purchase of, the offer of sale or purchase of,
or the
intent to sell or purchase, fish or wildlife or plants
with a
market value in excess of $350,
knowing that the fish or wildlife or plants were taken, possessed,
transported, or sold in violation of, or in a manner unlawful
under, any underlying law, treaty or regulation, shall be fined
not more than $20,000, or imprisoned for not more than five years,
or both. Each violation shall be a separate offense and the
offense shall be deemed to have been committed not only in the
district where the violation first occurred, but also in any
district in which the defendant may have taken or been in
possession of the said fish or wildlife or plants.
(2) Any person who knowingly engages in conduct prohibited by
any provision of this Act (other than subsection 3(b)) and in the
exercise of due care should know that the fish or wildlife or
plants were taken, possessed, transported, or sold in violation
of, or in a manner unlawful under, any underlying law, treaty or
regulation shall be fined not more than $10,000, or imprisoned for
not more than one year, or both. Each violation shall be a
separate offense and the offense shall be deemed to have been
committed not only in the district where the violation first
occurred, but also in any district in which the defendant may have
taken or been in possession of the said fish or wildlife or
plants.
(e) Permit Sanctions.-The Secretary may also suspend, modify, or
cancel any Federal hunting or fishing license, permit, or stamp, or any
license or permit authorizing a person to import or export fish or
wildlife or plants (other than a permit or license issued pursuant to
the Fishery Conservation and Management Act of 1976), // 16 USC 1801 //
or to operate a quarantine station or rescue center for imported
wildlife or plants, issued to any person who is convicted of a criminal
violation of any provision of this Act or any regulation issued
hereunder. The Secretary shall not be liable for the payments of any
compensation, reimbursement, or damages in connection with the
modification, suspension, or revocation of any licenses, permits,
stamps, or other agreements pursuant to this section.
SEC. 5. // 16 USC 3404. // FORFEITURE.
(a) In General.--,
(1) All fish or wildlife or plants imported, exported,
transported, sold, received, acquired, or purchased contrary to
the provisions of section 3 of this Act (other than subsection 3(
b)), or any regulation issued pursuant thereto, shall be subject
to forfeiture to the United States notwithstanding any culpability
requirements for civil penalty assessment or criminal prosecution
included in section 4 of this Act.
(2) All vessels, vehicles, aircraft, and other equipment used
to aid in the importing, exporting, transporting, selling,
receiving, acquiring, or purchasing of fish or wildlife or plants
in a criminal violation of this Act for which a felony conviction
is obtained shall be subject to forfeiture to the United States if
(A) the owner of such vessel, vehicle, aircraft, or equipment was
at the time of the alleged illegal act a consenting party or privy
thereto or in the exercise of due care should have known that such
vessel, vehicle, aircraft, or equipment would be used in a
criminal violation of this Act, and (B) the violation involved the
sale or purchase of, the offer of sale or purchase of, or the
intent to sell or purchase, fish or wildlife or plants.
(b) Application of Customs Laws.-All provisions of law relating to
the seizure, forfeiture, and condemnation of property for violation of
the customs laws, the disposition of such property or the proceeds from
the sale thereof, and the remission or mitigation of such forfeiture,
shall apply to the seizures and forfeitures incurred, or alleged to have
been incurred, under the provisions of this Act, insofar as such
provisions of law are applicable and not inconsistent with the
provisions of this Act; except that all powers, rights, and duties
conferred or imposed by the customs laws upon any officer or employee of
the Treasury Department may, for the purposes of this Act, also be
exercised or performed by the Secretary or by such persons as he may
designate: Provided, That any warrant for search or seizure shall be
issued in accordance with rule 41 of the Federal Rules of Criminal
Procedure.
(c) Storage Cost.-Any person convicted of an offense, or assessed a
civil penalty, under section 4 shall be liable for the costs incurred in
the storage, care, and maintenance of any fish or wildlife or plant
seized in connection with the violation concerned.
SEC. 6. // 16 USC 3405. // ENFORCEMENT.
(a) In General.-The provisions of this Act and any regulations issued
pursuant thereto shall be enforced by the Secretary, the Secretary of
Transportation, or the Secretary of the Treasury. Such Secretary may
utilize by agreement, with or without reimbursement, the personnel,
services, and facilities of any other Federal agency or any State agency
or Indian tribe for purposes of enforcing this Act.
(b) Powers.-Any person authorized under subsection (a) to enforce
this Act may carry firearms; may make an arrest without a warrant for
any felony violation of this Act if he has reasonable grounds to believe
that the person to be arrested has committed or is committing such
violation: Provided, That an arrest for a felony violation of this Act
that is not committed in the presence or view of any such person and
that involves only the transportation, acquisition, receipt, purchase,
or sale of fish or wildlife or plants taken or possessed in violation of
any law or regulation of any State shall require a warrant; may make an
arrest without a warrant for a misdemeanor violation of this Act if he
has reasonable grounds to believe that the person to be arrested is
committing a violation in his presence or view; and may execute and
serve any subpena, arrest warrant, search warrant issued in accordance
with rule 41 of the Federal Rules of Criminal Procedure, or other
warrant of civil or criminal process issued by any officer or court of
competent jurisdiction for enforcement of this Act. Any person so
authorized, in coordination with the Secretary of the Treasury, may
detain for inspection and inspect any vessel, vehicle, aircraft, or
other conveyance or any package, crate, or other container, including
its contents, upon the arrival of such conveyance or container in the
United States or the customs waters of the United States from any point
outside the United States or such customs waters, or, if such conveyance
or container is being used for exportation purposes, prior to departure
from the United States or the customs waters of the United States. Such
person may also inspect and demand the production of any documents and
permits required by the country of natal origin, birth, or reexport of
the fish or wildlife. Any fish, wildlife, plant, property, or item
seized shall be held by any person authorized by the Secretary pending
disposition of civil or criminal proceedings, or in the institution of
an action in rem for forfeiture of such fish, wildlife, plants,
property, or item pursuant to section 5 of this Act; except that the
Secretary may, in lieu of holding such fish, wildlife, plant, property,
or item, permit the owner or consignee to post a bond or other surety
satisfactory to the Secretary.
(c) District Court Jurisdiction.-The several district courts of the
United States, including the courts enumerated in section 460 of title
28, United States Code, shall have jurisdiction over any actions arising
under this Act. The venue provisions of title 18 and title 28 of the
United States Code shall apply to any actions arising under this Act.
The judges of the district courts of the United States and the United
States magistrates may, within their respective jurisdictions, upon
proper oath or affirmation showing probable cause, issue such warrants
or other process as may be required for enforcement of this Act and any
regulations issued thereunder.
(d) Rewards.-Beginning in fiscal year 1983, the Secretary or the
Secretary of the Treasury shall pay a reward from sums received as
penalties, fines, or forfeitures of property for any violation of this
Act or any regulation issued hereunder to any person who furnishes
information which leads to an arrest, a criminal conviction, civil
penalty assessment, or forfeiture of property for any violation of this
Act or any regulation issued hereunder. The amount of the reward, if
any, is to be designated by the Secretary or the Secretary of the
Treasury, as appropriate. Any officer or employee of the United States
or any State or local government who furnishes information or renders
service in the performance of his official duties is ineligible for
payment under this subsection.
SEC. 7. // 16 USC 3406. // ADMINISTRATION.
(a) Regulations.--,
(1) The Secretary, after consultation with the Secretary of the
Treasury, is authorized to issue such regulations, except as
provided in paragraph (2), as may be necessary to carry out the
provisions of section 4 and section 5 of this Act.
(2) The Secretaries of the Interior and Commerce shall jointly
promulgate specific regulations to implement the provisions of
subsection 3(b) of this Act for the marking and labeling of
containers or packages containing fish or wildlife. These
regulations shall be in accordance with existing commercial
practices.
(b) Contract Authority.-Beginning in fiscal year 1983, to the extent
and in the amounts provided in advance in appropriations Acts, the
Secretary may enter into such contracts, leases, cooperative agreements,
or other transactions with any Federal or State agency, Indian tribe,
public or private institution, or other person, as may be necessary to
carry out the purpposes of this Act.
SEC. 8. // 16 USC 3407. // EXCEPTIONS.
(a) The provisions of paragraph (1) of subsection 3(a) of this Act
shall not apply to any activity regulated by a fishery management plan
in effect under the Fishery Conservation and Management Act of 1976 (16
U.S.C. 1801 et seq.).
(b) The provisions of paragraphs (1), (2)(A), and (3)(A) of
subsection 3(a) of this Act shall not apply to--,
(1) any activity regulated by the Tuna Conventions Act of 1950
(16 U.S.C. 951 - 961) or the Atlantic Tunas Convention Act of 1975
(16 U.S.C. 971 - 971(h)); or
(2) any activity involving the harvesting of highly migratory
species (as defined in paragraph (14) of section 3 of the Fishery
Conservation and Management Act of 1976
// 16 USC 1802. //
taken on the high seas (as defined in paragraph (13) of such
section 3) if such species are taken in violation of the laws of a
foreign nation and the United States does not recognize the
jurisdiciton of the foreign nation over such species.
(c) The provisions of paragraph (2) of subsection 3(a) of this Act
shall not aplly to the interstate shipment or transhipment through
Indian country as defined in section 1151 of title 18, United States
Code, or a State of any fish or wildlife or plant legally taken if the
shipment is en route to a State in which the fish or wildlife or plant
may be legally possessed.
SEC. 9. // 16 USC 3408. // MISCELLANEOUS PROVISIONS.
(a) Effect on Powers of States.-Nothing in this Act shall be
construed to prevent the several States or Indian tribes from making or
enforcing laws or regulations not inconsistent with the provisions of
this Act.
(b) Repeals.-The following provisions of law are repealed:
(1) The Act of May 20, 1926 (commonly known as the Black Bass
Act; 16 U.S.C. 851 - 856).
(2) Section 5 of the Act of May 25, 1900 (16 U.S.C. 667e), and
sections 43 and 44 of title 18, United States Code (commonly known
as provisions of the Lacey Act).
(3) Sections 3054 and 3112 of title 18, United State Code.
(c) Disclaimers.-Nothing in this Act shall be construed as--,
(1) repealing, superseding, or modifying any provision of
Federal law other than those specified in subsection (b);
(2) repealing, superseding, or modifying any right, privilege,
or immunity granted, reserved, or established pursuant to treaty,
statute, or executive order pertaining to any Indian tribe, band,
or community; or
(3) enlarging or diminishing the authority of any State or
Indian tribe to regulate the activies of persons within Indian
reservations.
(d) Humane Shipment.-Subsection 42(c) of title 18, United States
Code, is amended by striking " Secretary of the Treasury" and inserting
in lieu thereof " Secretary of the Interior within one hundred and
eighty days of the enactment of the Lacey Act Amendments of 1981".
(e) Reward.-Subsection 11(d) of the Endangered Species Act of 1973
(16 U.S.C 1540) is amended to read as follows:
"(d) Reward.-The Secretary or the Secretary of the Treasury shall pay
a reward from sums received as penalties, fines, or forfeitures of
property for any violation of this Act or any regulation issued
hereunder to any person who furnishes information which leads to an
arrest, a criminal conviction, civil penalty assessment, or forfeiture
of property for any violation of this Act or any regulation issued
hereunder. The amount of the reward, if any, is to be designated by the
Secretary or the Secretary of the Treasury, as appropriate. Any officer
or employee of the United States or any State or local government who
furnishes information or renders service in the performance of his
official duties is ineligible for payment under this subsection.".
(f) The amendment specified in subsection 9(e) of this Act // 16 USC
1540 // shall take effect beginning in fiscal year 1983.
(g) The Secretary of the Interior is authorized to pay from agency
appropriations the travel expense of newly appointed special agents of
the United States Fish and Wildlife Service and the transportation
expense of household goods and personal effects from place of residence
at time of selection to first duty station to the extent authorized by
section 5724 of title 5 for all such special agents appointed after
January 1, 1977.
(h) The Secretary shall identify the funds utilized to enforce this
Act and any regulations thereto as a specific appropriations item in the
Department of the Interior appropriations budget proposal to the
Congress.
Approved November 16,1981.
LEGISLATIVE HISTORY- S. 736 (H.R. 1638):
HOUSE REPORT No. 97-276 accompanying H.R. 1638 (Comm. on Merchant
Marine and Fisheries):
Senate REPORT No. 97 - 123 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD, Vol. 127 (1981):
July 24, considered and passed Senate.
Nov. 4, considered and passed House, in lieu of H.R. 1638.
PUBLIC LAW 97-78, 95 STAT, 1070
tar sand and other hydrocarbon
deposits.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (1) section 1 (30
U.S.C. 181), sections 21 (a) and (c) (30 U.S.C. 241 (a) and (c)), and
section 34 (30 U.S.C. 182) of the Mineral Lands Leasing Act of 1920, as
amended, are amended by deleting "native asphalt, solid and semi-solid
bitumen, and bituminous rock (including oil-impregnated rock or sands
from which oil is recoverable only by special treatment after the
deposit is mined or quarried)" and by inserting in lieu thereof
"gilsonite (including all vein-type solid hydrocarbons),", except that
in the first sentence of section 21(a) the word "and" should be inserted
before "gilsonite" and the comma after the parenthesis should be
eliminated in section 21.
(2) Section 27(k) of such Act (30 U.S.C. 184(k)) is amended by
deleting "native asphalt, solid and semisolid bitumen, bituminous rock,"
and by inserting in lieu thereof "gilsonite (including all vein-type
solid hydrocarbons),".
(3) Section 39 of such Act (30 U.S.C. 209) is amended by inserting
"gilsonite (including all vein-type solid hydrocarbons)," after "oil
shale".
(4) Section 1 of such Act (30 U.S.C. 181) is further amended by
adding after the first paragraph the following new paragraphs:
" The term 'oil' shall embrace all nongaseous hydrocarbon substances
other than those substances leasable as coal, oil shale, or gilsonite
(including all vein-type solid hydrocarbons).
" The term 'combined hydrocarbon lease' shall refer to a lease issued
in a special tar sand area pursuant to section 17 after the date of
enactment of the Combined Hydrocarbon Leasing Act of 1981.
" The term 'special tar sand area' means (1) an area designated by
the Secretary of the Interior's orders of November 20, 1980 (45 FR 76800
- 76801) and January 21, 1981 (46 FR 6077 - 6078) as containing
substantial deposits of tar sand.".
(5) Section 27(d)(1) of such Act (30 U.S.C. 184(d)(1)) is amended by
inserting before the period at the end of the first sentence the
following: " Provided, however, That acreage held in special tar sand
areas shall not be chargeable against such State limitations.".
(6)(a) Section 17(b) of such Act (30 U.S.C. 226(b)) is amended by
inserting "(1)" after "(b)" and adding a new subsection to read as
follows:
"(2) If the lands to be leased are within a special tar sand area,
they shall be leased to the highest responsible qualified bidder by
competitive bidding under general regulations in units of not more than
five thousand one hundred and twenty acres, which shall be as nearly
compact as possible, upon the payment by the lessee of such bonus as may
be accepted by the Secretary. Royalty shall be 12 1/2 per centum in
amount or value of production removed or sold from the lease, subject to
section 17(k)(1)(c). The Secretary may lease such additional lands in
special tar sand areas as may be required in support of any operations
necessary for the recovery of tar sands.".
(b) Section 17(c) of such Act (30 U.S.C. 226(c)) is amended by
deleting "within any known geological structure of a producing oil or
gas field," and inserting in lieu thereof "subject to leasing under
subsection (b),".
(c) Section 17(e) of such Act (30 U.S.C. 226(e)) is amended by
inserting before the period at the end of the first sentence the
following: ": Provided, however, That competitive leases issued in
special tar sand areas shall also be for a primary term of ten years.".
(7) Section 39 of such Act (30 U.S.C. 209) is amended by adding after
the period following the first sentence: " Provided, however, That in
order to promote development and the maximum production of tar sand, at
the request of the lessee, the Secretary shall review, prior to
commencement of commercial operations, the royalty rates established in
each combined hydrocarbon lease issued in special tar sand areas. For
purposes of this section, the term 'tar sand' means any consolidated or
unconsolidated rock (other than coal, oil shale, or gilsonite) that
either: (1) contains a hydrocarbonaceous material with a gas-free
viscosity, at original reservoir temperature, greater than 10,000
centipoise, or (2) contains a hydrocarbonaceous material and is produced
by mining or quarrying.".
(8) Section 17 of such Act (30 U.S.C. 226) is amended by adding at
the end thereof the following new subsection:
"(k)(1)(A) The owner of (1) an oil and gas lease issued prior to the
date of enactment of the Combined Hydrocarbon Leasing Act of 1981 or (2)
a valid claim to any hydrocarbon resources leasable under this section
based on a mineral location made prior to January 21, 1926, and located
within a special tar sand area shall be entitled to convert such lease
or claim to a combined hydrocarbon lease for a primary term of ten years
upon the filing of an application within two years from the date of
enactment of that Act containing an acceptable plan of operations which
assures reasonable protection of the environment and diligent
development of those resources requiring enhanced recovery methods of
development or mining. For purposes of conversion, no claim shall be
deemed invalid soley because it was located as a placer location rather
than a lode location or vice versa, notwithstanding any previous
adjudication on that issue.
"(B) The Secretary shall issue final regulations to implement this
section within six months of the effective date of this Act. If any oil
and gas lease eligible for conversion under this section would otherwise
expire after the date of this Act and before six months following the
issuance of implementing regulations, the lessee may preserve his
conversion right under such lease for a period ending six months after
the issuance of implementing regulations by filing with the Secretary,
before the expiration of the lease, a notice of intent to file an
application for conversion. Upon submission of a complete plan of
operations in substantial compliance with the regulations promulgated by
the Secretary for the filing of such plans, the Secretary shall suspend
the running of the term of any oil and gas lease proposed for conversion
until the plan is finally approved or disapproved. The Secretary shall
act upon a proposed plan of operations within fifteen months of its
submittal.
"(C) When an existing oil and gas lease is converted to a combined
hydrocarbon lease, the royalty shall be that provided for in the
original oil and gas lease and for a converted mining claim, 12 1/2 per
centum in amount or value of production removed or sold from the lease.
"(2) Except as provided in this section, nothing in the Combined
Hydrocarbon Leasing Act of 1981 shall be construed to diminish or
increase the rights of any lessee under any oil and gas lease issued
prior to the enactment of such Act.".
(9)(a) Section 2 of the Mineral Leasing Act for Acquired Lands (30
U.S.C. 351) is amended by adding at the end thereof: " The term 'oil'
shall embrace all nongaseous hydrocarbon substances other than those
leasable as coal, oil shale, or gilsonite (including all vein-type solid
hydrocarbons).".
(b) Section 3 of such Act (30 U.S.C. 352) is amended by inserting
"gilsonite (including all vein-type solid hydrocarbons)," after "oil
shale".
(10) Nothing in this Act // 30 USC 181 // shall affect the taxable
status of production from tar sand under the Crude Oil Windfall Profit
Tax Act of 1980 (Public Law 96 - 223), // 26 USC 1 // reduce the
depletion allowance for production from tar sand, or otherwise affect
the existing tax status applicable to such production.
(11) No provision of this Act // 30 USC 181 // shall apply to
national parks, national monuments, or other lands where mineral leasing
is prohibited by law. The Secretary of the Interior shall apply the
provisions of this Act to the Glen Canyon National Recreation Area, and
to any other units of the national park system where mineral leasing is
permitted, in accordance with any applicable minerals management plan if
the Secretary finds that there will be no resulting significant adverse
impacts on the administration of such area, or on other contiguous units
of the national park system.
Approved November 16, 1981.
LEGISLATIVE HISTORY- H.R. 3975:
HOUSE REPORT No. 97 - 174 (Comm. on Interior and Insular Affairs).
SENATE REPORT No. 97 - 250 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 127 (1981):
July 14, considered and passed House.
Oct. 29, considered and passed Senate.
PUBLIC LAW 97-77, 95 STAT, 1069
Agriculture Boll Weevil Research
Laboratory building, located adjacent to the campus of
Mississippi State University,
Starkville, Mississippi, as the " Robey Wentworth
Harned Laboratory"; to
extend the delay in making any adjustment in the price
support level for milk;
and to extend the time for conducting the referenda
with respect to the national
marketing quotas for wheat and upland cotton.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the United States
Department of Agriculture Boll Weevil Research Laboratory building,
located adjacent to the campus of Mississippi State University,
Starkville, Mississippi, shall hereafter be known and designated as the
" Robey Wentworth Harned Laboratory". Any reference in a law, map,
regulation, document, record, or other paper of the United States to
that building shall be held and considered to be a reference to the "
Robey Wentworth Harned Laboratory".
Sec. 2. (a) The Act of October 20, 1981 (Public Law 97 - 67), // 7
USC 1446 // is amended by striking out " November 15, 1981" in the first
section and inserting in lieu thereof " December 31, 1981, or the date
of enactment of S. 884, the Agriculture and Food Act of 1981, whichever
is earlier".
(b) The last sentence of section 336 of the Agricultural Adjustment
Act of 1938 (7 U.S.C. 1336) is amended by striking out " November 15,
1981" and inserting in lieu thereof " January 1, 1982".
(c) Section 343 of the Agricultural Adjustment Act of 1938 (7 U.S.C.
1343) is amended by adding at the end thereof the following new
sentence: " Notwithstanding any other provision hereof, the referendum
with respect to the national marketing quota for cotton for the
marketing year beginning August 1, 1982, may be conducted not later than
the earlier of the following: (1) thirty days after adjournment sine
die of the first session of the Ninety-seventh Congress, or (2) January
1, 1982.".
Approved November 13, 1981.
LEGISLATIVE HISTORY- S. 1322:
SENATE REPORT No. 97 - 255 (Comm. on Agriculture, Nutrition, and
Forestry).
CONGRESSIONAL RECORD, Vol. 127 (1981):
Nov. 9, considered and passed Senate.
Nov. 12, considered and passed House.
PUBLIC LAW 97-76, 95 STAT, 1068
Department of Justice
Appropriation Authorization Act, Fiscal Year 1980,
for a certain period, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That any authority, and
any limitation on any authority, contained in the Department of Justice
Appropriation Authorization Act, Year 1980, // 93 Stat. 419. // shall
continue in effect with respect to the activities of the Department of
Justice (including any bureau, office, board, division, commission, or
subdivision thereof) until the effective date of a general authorization
of appropriations Act for the Department of Justice for fiscal year 1982
or the expiration of the period beginning on October 1, 1981, and ending
immediately before February 1, 1982, whichever is earlier.
Approved November 5, 1981.
LEGISLATIVE HISTORY-H.R. 4608:
CONGRESSIONAL RECORD, Vol. 127 (1981):
Sept. 29, considered and passed House.
Sept. 30, considered and passed Senate, amended.
Oct. 6, House disagreed to Senate amendment.
Oct. 27, House receded from its disagreement, and concurred
with an amendment.
Oct. 30, Senate concurred in House amendment.
PUBLIC LAW 97-75, 95 STAT, 1067
designating the week beginning
November 22, 1981, as " National Family Week".
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the President is hereby
authorized and requested to issue a proclamation designating the week
beginning November 22, 1981, 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 day
with appropriate ceremonies and activities.
Approved November 3, 1981.
LEGISLATIVE HISTORY - S.J. Res. 4:
CONGRESSIONAL RECORD, Vol. 127 (1981):
Sept. 16, considered and passed Senate.
Oct. 20, considered and passed House.
PUBLIC LAW 97-74, 95 STAT, 1065, INDEPENDENT SAFETY BOARD ACT
AMENDMENTS OF 1981
authorize appropriations for
fiscal years 1981, 1982, and 1983, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act // 49 USC
1901 // may be cited as the " Independent Safety Board Act Amendments of
1981".
APPROPRIATIONS
Sec. 2. Section 309 of the Independent Safety Board Act of 1974 (49
U.S.C. 1907) is amended by adding at the end thereof the following new
sentence: " There are authorized to be appropriated for the purposes of
this Act not to exceed $18,540,000 for the fiscal year ending September
30, 1981, $19,925,000 for the fiscal year ending September 30, 1982, and
$22,100,000 for the fiscal year ending September 30, 1983, such sums to
remain available until expended.".
Sec. 3. Section 304(a)(1) of the Independent Safety Board Act of
1974 (49(49 U.S.C. 1903(a)(1)) is amended by inserting before " The
Board may request" the following new sentences: " Any investigation of
an accident conducted by the Board under this paragraph (other than
subparagraph (E)) shall have priority over all other investigations of
such accident conducted by other Federal agencies. The Board shall
provide for the appropriate participation by other Federal agencies in
any such investigation, except that such agencies may not participate in
the Board's determination of the probable cause of the accident.
Nothing in this section impairs the authority of other Federal agencies
to conduct investigations of an accident under applicable provisions of
law or to obtain information directly from parties involved in,and
witnesses to, the transportation accident. The Board and other Federal
agencies shall assure that appropriate information obtained or developed
in the course of their investigations is exchanged in a timely manner.".
Sec. 4. Section 304(a)(6) of the Independent Safety Board Act of
1974 (49 U.S.C. 1903(a)(6)) is amended by inserting "and aviation
incidents" immediately after "accidents".
Sec. 5. Section 304(b)(2) of the Independent Safety Board Act of
1974 (49 U.S.C. 1903(b)(2)) is amended--,
(1) by inserting immediately before the period at the end of
the first sentence the following: ", including examination or
testing of any vehicle, rolling stock, track, or pipeline
component or any part of any such item when such examination or
testing is determined to be required for purposes of such
investigation. Any examination or testing shall be conducted in
such manner so as not to interfere with or obstruct unnecessarily
the transportation services provided by the owner or operator of
such vehicle, rolling stock, track, or pipeline component, and
shall be conducted in such a manner so as to preserve, to the
maximum extent feasible, any evidence relating to the
transportation accidents, consistent with the needs of the
investigation and with the cooperation of such owner or operator";
and
(2) in the last sentence, by inserting ", examination, or test"
immediately after "inspection" each place it appears.
Sec. 6. Section 307 of the Independent Safety Board Act of 1974 (49
U.S.C. 1906) is amended by inserting "(a)" immediately after " Sec.
307." and by adding at the end thereof the following new subsection:
"(b) The Secretary shall submit a report to the Congress on January 1
of each year setting forth all the Board's recommendations to the
Secretary during the preceding year regarding transportation safety and
a copy of the Secretary's response to each such recommendation.".
Approved November 3, 1981.
LEGISLATIVE HISTORY- S. 1000 (H.R. 3404):
HOUSE REPORTS: No. 97 - 108, Pt. 1 (Comm. on Energy and Commerce);
Pt. 2(Comm. on Public Works and Transportation) both accompanying H.R.
3404.
SENATE REPORT No. 97 - 41 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD, Vol. 127 (1981):
May 4, considered and passed Senate.
Oct. 13, considered and passed House, amended, in lieu of H.R.
3404.
Oct. 21, Senate concurred in House amendments.
PUBLIC LAW 97-73, 95 STAT, 1064
Interior for services necessary to
the nonperforming arts functions of the John
F. Kennedy Center for the Performing
Arts, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That subsection (e) of
section 6 of the John F. Kennedy Center Act (Public Law 85 - 874, as
amended; 20 U.S.C. 761) // 20 USC 76l. // is amended as follows: In
the last sentence strike out the period and add in lieu thereof ", and
not to exceed $4,544,000 for the fiscal year ending September 30,
1982.".
Approved November 3, 1981.
LEGISLATIVE HISTORY- S. 1209 (H.R. 3377):
HOUSE REPORT No. 97 - 91 accompanying H.R. 3377 (Comm. on Public
Works and Transportation).
SENATE REPORT No. 97 - 115 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD, Vol. 127 (1981):
June 2, considered and passed Senate.
Oct. 20, considered and passed House, in lieu of H.R. 3377.
PUBLIC LAW 97-72, 95 STAT, 1047, VETERANS' HEALTH CARE, TRAINING, AND
SMALL BUSINESS LOAN ACT OF 1981
period for Vietnam-era veterans
to request counseling under the veterans' readjustment
counseling program,
to provide medical care eligibility for veterans
exposed to herbicides or defoliants
(including Agent Orange), or to nuclear radiation, to
establish a minimum total
number of operating beds in Veterans' Administration
hospital and nursing home
facilities, to extend for certain Vietnam-era veterans
the period of time in which
GI Bill educational assistance benefits may be used
for the pursuit of certain
training, to provide a small business loan program for
Vietnam era and disabled
veterans, and to extend the authority for veterans
readjustment appointments in
the civil service; and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
CODE
Section 1. (a) This Act // 38 USC 101 // may be cited as the "
Veterans' Health Care, Training, and Small Business Loan Act of 1981".
(b) Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of title 38, United States Code.
HOSPITAL
CARE AND MEDICAL SERVICES IN PUERTO RICO, THE
VIRGIN ISLANDS,
AND OTHER TERRITORIES
Sec. 101. Section 601(4)(C)(v) // 38 USC 601. // is amended by
striking out " December 31, 1981" and inserting in lieu thereof "
September 30, 1982".
TO EXPOSURE
TO AGENT ORANGE, CERTAIN OTHER HAZARDOUS
SUBSTANCES, OR
NUCLEAR RADIATION
Sec. 102. (a) Section 610 // 38 USC 610. // is amended--,
(1) in subsection (a)--,
clause
(5):
"(5) a veteran who meets the conditions of subsection (e) of
this section; and"; and
(2) by adding at the end the following new subsection:
"(e)(1)(A) Subject to paragraphs (2) and (3) of this subsection, a
veteran--,
"(i) who served on active duty in the Republic of Vietnam
during the Vietnam era, and
"(ii) who the Administrator finds may have been exposed during
such service to dioxin or was exposed during such service to a
toxic substance found in a herbicide or defoliant used in
connection with military purposes during such era,
may be furnished hospital care or nursing home care under subsection
(a)(5) of this section for any disability, notwithstanding that there is
insufficient medical evidence to conclude that such disability may be
associated with such exposure.
"(B) Subject to paragraphs (2) and (3) of this subsection, a veteran
who the Administrator finds was exposed while serving on active duty to
ionizing radiation from the detonation of a nuclear device in connection
with such veteran's participation in the test of such a device or with
the American occupation of Hiroshima and Nagasaki, Japan, during the
period beginning on September 11, 1945, and ending on July 1, 1946, may
be furnished hospital care or nursing home care under subsection (a)(5)
of this section for any disability, notwithstanding that there is
insufficient medical evidence to conclude that such disability may be
associated with such exposure.
"(2) Hospital and nursing home care may not be provided under
subsection (a)(5) of this section with respect to a disability that is
found, in accordance with guidelines issued by the Chief Medical
Director, to have resulted from a cause other than an exposure described
in subparagraph (A) or (B) of paragraph (1) of this subsection.
"(3) Hospital and nursing home care and medical services may not be
provided under or by virtue of subsection (a)(5) of this section after
the end of the one-year period beginning on the date the Administrator
submits to the appropriate committees of Congress the first report
required by section 307(b)(2) of the Veterans Health Programs Extension
and Improvement Act of 1979 (Public Law 96 - 151; 93 Stat. 1098).". //
38 USC 219 //
(b) Clause (4) of section 612(i) // 38 USC 612. // is amended to
read as follows:
"(4) To any veteran (A) who is a former prisoner of war, or (B)
who is eligible for care under section 610(a)(5) of this title.".
Sec. 103. (a) Subsection (b) of section 612 is amended--,
(1) by inserting "(1)" after "(b)";
(2) by redesignating clause (1) as clause (A);
(3) by striking out clause (2) and inserting in lieu thereof
the following:
"(B) which is service-connected, but not compensable in degree,
but only if--,
been
in existence at time of discharge or release from active
military, naval, or air service;
of
not less than one hundred and eighty days immediately
before such discharge or release;
days
after such discharge or release, except that (I) in
the case of a
veteran who reentered active military, naval, or air
service
within ninety days after the date of such veteran's
prior
discharge or release from such service, application may
be
made within ninety days from the date of such veteran's
subsequent discharge or release from such service, and
(II) if
a disqualifying discharge or release has been corrected
by
competent authority, application may be made within
ninety days after the date of correction; and
from
active duty does not bear a certification that the
veteran was
provided, within the ninety-day period immediately
before
the date of such discharge or release, a complete dental
examination (including dental X-rays) and all
appropriate
dental services and treatment indicated by the
examination
to be needed;";
(4) by redesignating clauses (3), (4), (5), (6), (7), and (8)
as clauses (C), (D), (E), (F), (G), and (H), respectively;
(5) by designating the second sentence of such subsection as
paragraph (2) and by striking out "clause (2)" in such sentence
and inserting in lieu thereof "clause (B) of paragraph (1)";
(6) by designating the third sentence of such subsection as
paragraph (3);
(7) by designating the fourth sentence of such subsection and
all that follows in such subsection as paragraph (4); and
(8) by striking out "pursuant to this subsection" in the last
sentence and inserting in lieu thereof "pursuant to this
paragraph".
(b)(1) Section 612(c) // 38 USC 612. // is amended by striking out
"clause (2)" and inserting in lieu thereof "paragraph (1)(B)"
(2) The last sentence of section 612(f) is amended by striking out
"subsection (b)(7)" and inserting in lieu thereof "clause (G) of
subsection (b)(1)".
(c)(1) Section 612(b)(1)(B)(iii)(I) of title 38, United States Code,
// 38 USC 612 // shall apply only to veterans discharged or released
from active military, naval, or air service after August 12, 1981.
(2) A veteran who before August 13, 1981--,
(A) was discharged or released from active military, naval, or
air service,
(B) reentered such service within one year after the date of
such discharge or release, and
(C) was discharged or released from such subsequent service,
may be provided dental services and treatment in the same manner as
provided for in section 612(b) of title 38, United States Code, if the
veteran is otherwise eligible for such services and treatment and if
application for such services and treatment is or was made within one
year from the date of such subsequent discharge or release.
REQUEST
READJUSTMENT COUNSELING
Sec. 104. (a)(1) Section 612 A(a) // 38 USC 612 A. // is amended by
striking out "or two years after the effective date of this section" and
inserting in lieu thereof "or by September 30, 1984".
(2) The amendment made by paragraph (1) // 38 USC 612 A // shall take
effect as of October 1, 1981.
(b) Section 612 A is further amended by adding at the end the
following new subsection:
"(g)(1) During the twelve-month period ending on September 30, 1984,
the Administrator shall take appropriate steps to ensure--,
"(A) the orderly transition, by October 1, 1984, of that part
of the program established under this section for the provision of
readjustment counseling services by Veterans' Administration
personnel from a program providing such services primarily through
centers located in facilities situated apart from the health-care
facilities operated by the Veterans' Administration for the
provision of other health-care services under other provisions of
this chapter to a program providing readjustment counseling
services primarily through such health-care facilities; and
"(B) the continued availability after such date of readjustment
counseling and related mental health services under this section
to veterans eligible for the provision of such counseling and
services who requested such counseling before such date.
"(2) Not later than April 1, 1984, the Administrator shall submit to
the Committees on Veterans' Affairs of the Senate and House of
Representatives a report on the plans made and actions taken to carry
out this subsection.".
CERTAIN VETERANS
Sec. 105. The second sentence of section 613(b) // 38 USC 613. //
is amended by striking out "particularly" and "most effective".
PROVIDED BY THE
VETERANS' ADMINISTRATION
Sec. 106. (a)(1) Subchapter III of chapter 17 is amended by adding
at the end the following new section:
Section 629. // 38 USC 629. // Recovery by the United States of the
cost of certain care and services
"(a) In any case in which a veteran is furnished care and services
under this chapter for a non-service-connected disability that was
incurred--,
"(1) incident to the veteran's employment and the disability is
covered under a workers' compensation law or plan that provides
reimbursement for or indemnification of the cost of health care
and services provided to the veteran by reason of the disability,
"(2) as the result of a motor vehicle accident to which applies
a State law that requires the owners or operators of motor
vehicles registered in that State to have in force automobile
accident reparations insurance, or
"(3) as the result of a crime of personal violence that
occurred in a State, or a political subdivision of a State, in
which a person injured as the result of such a crime is entitled
to receive health care and services at such State's or
subdivision's expense for personal injuries suffered as the result
of such crime,
the United States has the right to recover the reasonable costs of such
care and services from the State, or political subdivision of a State,
employer, employer's insurance carrier, or automobile accident
reparations insurance carrier, as appropriate, to the extent that the
veteran, or the provider of care and services to the veteran, would be
eligible to receive reimbursement or indemnification for such care and
services if the care and services had not been furnished by a department
or agency of the United States.
"(b) The amount that may be recovered by the United States under
subsection (a) of this section may not exceed the lesser of (1) an
amount equal to the reasonable cost of the care and services furnished
the veteran under this chapter, as determined by the Administrator, or
(2) the maximum amount specified by the law of the State or political
subdivision concerned or by any relevant contractual provision to which
the veteran was a party or was subject. The Administrator shall
prescribe regulations for the determination of the reasonable cost of
care and services under clause (1) of the preceding sentence, and any
determination of such reasonable value by the Administrator under such
clause shall be made in accordance with such regulations. Regulations
under the preceding sentence shall be prescribed only after notice and
opportunity for public comment.
"(c)(1) The United States shall, as to the right provided in
subsection (a) of this section, be subrogated to any right or claim that
the veteran or the veteran's personal representative, successor,
dependents, or survivors may have against a State or political
subdivision of a State, an employer, an employer's insurance carrier, or
an automobile accident reparations insurance carrier.
"(2)(A) In order to enforce any right or claim to which it is
subrogated under paragraph (1) of this subsection, the United States may
intervene or join in any action or proceeding brought by the veteran or
the veteran's personal representative, successor, dependents, or
survivors against a State or political subdivision of a State, an
employer, an employer's insurance carrier, or an automobile accident
reparations insurance carrier.
"(B) If--,
"(i) no such action or proceeding has been commenced within one
hundred and eighty days after the first day on which care and
services for which recovery is sought were furnished to the
veteran by the Veterans' Administration under this chapter, and
"(ii) the United States has sent written notice by certified
mail to the veteran at the veteran's last-known address (or to the
veteran's personal representative or successor) of the intention
of the United States to institute legal proceedings,
the United States may, sixty days after the mailing of such notice,
institute and prosecute legal proceedings against the State, political
subdivision, employer, employer's insurance carrier, or automobile
accident reparations insurance carrier.
"(d) A veteran eligible for acre and services under this chapter may
not be denied such care and services by reason of this section.
"(e) No law of any State or of any political subdivision of a State,
and no provision of any contract or agreement entered into, renewed, or
modified under any State law, shall operate to prevent recovery by the
United States (1) under subsection (a) of this section for care and
services furnished under this chapter to any veteran for a
non-service-connected disability, or (2) under section 611(b) of this
title for care and services furnished under such section to an
individual as a humanitarian service in an emergency case.".
(2) The table of sections at the beginning of such chapter is amended
by inserting after the item relating to section 628 the following new
item:
"629. Recovery by the United States of the cost of certain care and
services.".
(b) Section 629 of title 38, United States Code, // 38 USC 629 // as
added by subsection (a), shall apply with respect to care and services
furnished under chapter 17 of title 38, United States Code, on or after
the date of the enactment of this Act.
PHILIPPINES
Sec. 107. (a) Section 624(d) // 38 USC 624. // is amended by
striking out " and at the same rate as specified in section 632(a)(4) of
this title".
(b) Section 631 // 38 USC 631. // is amended by inserting "in
fulfilling its responsibility" after "the Republic of the Philippines".
(c)(1) Section 632 // 38 USC 632. // is amended to read as follows:
" Section 632. Contracts and grants to provide for the care and
treatment of United States veterans by the Veterans Memorial Medical
Center
"(a) The President, with the concurrence of the Republic of the
Philippines, may authorize the Administrator to enter into contracts
with the Veterans Memorial Medical Center, with the approval of the
appropriate department of the Government of the Republic of the
Philippines, covering the period beginning on October 1, 1981, and
ending on September 30, 1986, under which the United States--,
"(1) will provide for payments for hospital care and medical
services (including nursing home care) in the Veterans Memorial
Medical Center, as authorized by section 624 of this title and on
the terms and conditions set forth in such section, to eligible
United States veterans at a per diem rate to be jointly determined
for each fiscal year by the two Governments to be fair and
reasonable; and
"(2) may provide that payments for such hospital care and
medical services provided to eligible United States veterans may
consist in whole or in part of available medicines, medical
supplies, and equipment furnished by the Administrator to the
Veterans Memorial Medical Center at valuations therefor as
determined by the Administrator, who may furnish such medicines,
medical supplies, and equipment through the revolving supply fund
pursuant to section 5021 of this title.
"(b)(1) To further assure the effective care and treatment of United
States veterans in the Veterans Memorial Medical Center, there is
authorized to be appropriated for each fiscal year during the period
beginning on October 1, 1981, and ending on September 30, 1986, the sum
of $500,000 to be used by the Administrator for making grants to the
Veterans Memorial Medical Center for the purpose of assisting the
Republic of the Philippines in the replacement and upgrading of
equipment and in rehabilitating the physical plant and facilities of
such center.
"(2) Grants under this subsection shall be made on such terms and
conditions as prescribed by the Administrator. Such terms and
conditions may include a requirement of prior approval by the
Administrator of the uses of the funds provided by such grants.
"(3) Funds for such grants may be provided only from appropriations
made to the Veterans' Administration for the specific purpose of making
such grants.
"(c) The Administrator may stop payments under a contract or grant
under this section upon reasonable notice as stipulated by the contract
or grant if the Republic of the Philippines and the Veterans Memorial
Medical Center do not maintain the medical center in a well-equipped and
effective operating condition as determined by the Administrator.
"(d)(1) The authority of the Administrator to enter into contracts
and to make grants under this section is effective for any fiscal year
only to the extent that appropriations are available for that purpose.
"(2) Appropriations made for the purpose of this section shall remain
available until expended.".
(2) The item relating to such section in the table of sections at the
beginning of chapter 17 is amended to read as follows:
"632. Contracts and grants to provide for the care and treatment of
United States veterans by the Veterans Memorial Medical Center.".
(d)(1) The heading of subchapter IV of chapter 17 // 38 USC prec.
631. // is amended to read as follows:
for
Veterans in the Republic of the Philippines".
(2) The item relating to such subchapter in the table of sections at
the beginning of such chapter is amended to read as follows:
FOR
VETERANS IN THE REPUBLIC OF THE PHILIPPINES".
IN MEDICAL
FACILITIES OF THE VETERANS' ADMINISTRATION
Sec. 108. (a)(1) Paragraph (1) of section 5010(a) // 38 USC 5010.
// is amended by striking out the first sentence and inserting in lieu
thereof the following: " The Administrator shall establish the total
number of hospital beds and nursing home beds in medical facilities over
which the Administrator has direct jurisdiction for the care and
treatment of eligible veterans at not more than one hundred and
twenty-five thousand and not less than one hundred thousand. The
Administrator shall establish the total number of such beds so as to
maintain a contingency capacity to assist the Department of Defense in
time of war or national emergency to care for the casualties of such war
or national emergency. Of the number of beds authorized pursuant to the
preceding sentence, the Administrator shall operate and maintan a total
of not less than ninety thousand hospital beds and nursing home beds and
shall maintain the availability of such additional beds and facilities
in addition to the operating bed level as the Administrator considers
necessary for such contingency purposes. The President shall include in
the Budget transmitted to the Congress for each fiscal year pursuant to
section 201(a) of the Budget and Accounting Act, 1921 (31 U.S.C. 11(a)),
an amount for medical care and amounts for construction sufficient to
enable the Veterans' Adminnistration to operate and maintain a total of
not less than ninety thousand hospital and nursing home beds in
accordance with this paragraph and to maintain the availability of the
contingency capacity referred to in the second sentence of this
paragraph.".
(2) Paragraph (3) of such section is amended to read as follows:
"(3)(A) The Chief Medical Director shall at the end of each fiscal
year (i) analyze agencywide admission policies and the records of those
eligible veterans who apply for hospital care, medical services, and
nursing home care, but are rejected or not immediately admitted or
provided such care or services, and (ii) review and make recommendations
regarding the adequacy of the established operating bed levels, the
geographic distribution of operating beds, the demographic
characteristics of the veteran population and the associated need for
medical care and nursing home facilities and services in each State, and
the proportion of the total number of operating beds that are hospital
beds and that are nursing home beds.
(B) After considering the analyses and recommendations of the Chief
Medical Director pursuant to subparagraph (A) of this paragraph for any
fiscal year, the Administrator shall report to the committees, on or
before December 1 after the close of such fiscal year, on the results of
the analysis of the Chief Medical Director and on the numbers of
operating beds and level of treatment capacities required to enable the
Veterans' Administration to carry out the primary function of the
Department of Medicine and Surgery. The Administrator shall include in
each such report recommendations for (i) the numbers of operating beds
and the level of treatment capacities required for the health care of
veterans and the maintenance of the contingency capacity referred to in
paragraph (1) of this subsection, and (ii) the appropriate staffing and
funds therefor.".
(b) Section 5010 // 38 USC 5010. // is further amended by striking
out subsection (b) and redesignating subsection (c) as subsection (b).
EDUCATIONALLY
DISADVANTAGED AND UNSKILLED OR UNEMPLOYED
VIETNAM-ERA
VETERANS
Sec. 201. (a) Section 1662(a) // 38 USC 1662. // is amended by
adding at the end the following new paragraph:
"(3)(A) Subject to subparagraph (C) of this paragraph and
notwithstanding the provisions of paragraph (1) of this subsection, an
eligible veteran who served on active duty during the Vietnam era shall
be permitted to use any of such veteran's unused entitlement under
section 1661 of this title for the purpose of pursuing--,
"(i) a program of apprenticeship or other on-job training;
"(ii) a course with an approved vocational objective; or
"(iii) a program of secondary education, if the veteran does
not have a secondary school diploma (or an equivalency
certificate).
(B) Upon completion of a program or course pursued by virtue of
eligibility provided by this paragraph, the Administrator shall provide
the veteran with such employment counseling as may be necessary to
assist the veteran in obtaining employment consistent with the veteran's
abilities, aptitudes, and interests.
"(C)(i) Educational assistance may be provided a veteran for pursuit
of a program or course described in clause (i) or (ii) of subparagraph
(A) of this paragraph using eligibility provided by this paragraph only
if the veteran has been determined by the Administrator to be in need of
such a program or course in order to achieve a suitable occupational or
vocational objective. Any such determination shall be made in
accordance with regulations which the Administrator shall prescribe.
"(ii) Educational assistance provided a veteran for pursuit of a
program described in clause (iii) of subparagraph (A) of this paragraph
using eligibility provided by this paragraph shall be provided at the
rate determined under section 1691 (b)(2) of this title.
"(D) Educational assistance may not be provided by virtue of this
paragraph after December 31, 1983.".
(b) The amendment made by subsection (a) // 38 USC 1662 // shall take
effect on January 1, 1982.
AUTHORITY
FOR CIVIL SERVICE APPOINTMENTS
Sec. 202. (a) Section 2014(b)(2) // USC 2014. // is amended by
striking out "1981" and inserting in lieu thereof "1984".
(b) The amendment made by subsection (a) // 38 USC 2014 // shall take
effect as of October 1, 1981.
Sec. 301. This title // 38 USC 101 // may be cited as the "
Veterans' Small Business Loan Act of 1981".
BUSINESS
LOAN PROGRAM
Sec. 302. (a) Chapter 37 is amended by adding at the end thereof the
following new subchapter:
" Section 1841. // 38 USC 1841. // Definitions
" For the purposes of this subchapter--,
"(1) The term 'disabled veteran' means (A) a veteran who is
entitled to compensation under laws administered by the Veterans'
Administration for a disability rated at 30 per centum or more, or
(B) a veteran whose discharge or release from active duty was for
a disability incurred or aggravated in line of duty.
"(2) The term 'veteran of the Vietnam era' means a person (A)
who served on active duty for a period of more than one hundred
and eighty days, and part of which occurred during the Vietnam
era, and who was discharged or released therefrom with other than
a dishonorable discharge, or (B) who was discharged or released
from active duty for a service-connected disability if any part of
such active duty was performed during the Vietnam era.
" Section 1842. // 38 USC 1842. // Small business loan program
"(a)(1) Subject to subsection (b) of this section, the Administrator
may provide financial assistance to veterans' small business concerns
for the purpose of (A) financing plant construction, conversion, or
expansion (including the acquisition of land), (B) financing the
acquisition of equipment, facilities, machinery, supplies, or materials,
or (C) supplying such concerns with working capital.
"(2) Subject to paragraph (3)(A) of this subsection, financial
assistance under this section may be provided in the form of (A) loan
guaranties, or (B) direct loans.
"(3) The Administrator shall specify in regulations the criteria to
be met for a business concern to qualify as a veterans' small business
concern for the purposes of this subchapter. Such regulations shall
include requirements--,
"(A) that at least 51 per centum of a business concern must be
owned by individuals who are veterans of the Vietnam era or
disabled veterans in order for such concern to qualify for a loan
guaranty and that at least 51 per centum of a business concern
must be owned by disabled veterans in order for such concern to
qualify for a direct loan; and
"(B) that the management and daily business operations of the
concern must be directed by one or more of the veterans whose
ownership interest is part of the majority owbership for the
purposes of meeting the requirement in clause (A) of this
paragraph.
"(b) The availability of financial assistance under subsection (a) of
this section is subject to the following limitations:
"(1) The Administrator may not make a direct loan under this
section unless the veterans' small business concern applying for
the loan shows to the satisfaction of the Administrator that the
concern is unable to obtain a loan guaranteed by the Veterans'
Administration under this section or made or guaranteed by the
Small Business Administration.
"(2) The Administrator may not guarantee a loan under this
section if the loan bears a rate of interest in excess of the
maximum rate of interest prescribed under section 1845 of this
title.
"(3) The Administrator may not make or guarantee a loan under
this section for an amount in excess $200,000.
"(4) The original liability of the Administrator on any loan
guaranteed under this section may not exceed 90 per centum of the
amount of the loan, and such liability shall decrease or increase
pro rata with any decrease or increase of the amount of the unpaid
portion of the loan, but such liability may not exceed the amount
of the original guaranty.
"(c) Each loan made or guaranteed under this subchapter shall be of
such sound value, taking into account the creditworthiness of the
veterans' small business concern (and the individual owners) applying
for such loan, or so secured as reasonably to assure payment.
"(d)(1) Except as provided in paragraph (2) of this subsection, the
Administrator may not make or guarantee a loan under this subchapter to
a veterans' small business concern in which an ownership interest is
held by a veteran who also has an ownership interest in another small
business concern if such ownership interest was considered in qualifying
that other concern for an outstanding loan made or guaranteed under this
subchapter or the Small Business Act (15 U.S.C. 631 et seq.).
"(2) Paragraph (1) of this subsection shall not apply if 51 per
centum or more of the business concern seeking a direct or guaranteed
loan under this subchapter is owned by veterans of the Vietnam era or
disabled veterans without including the ownership interest of the
veteran whose ownership interest in another small business concern was
previously considered in qualifying that other concern for an
outstanding guaranteed or direct business loan under this subchapter or
the Small Business Act (15 U.S.C. 631 et seq.).
"(e)(1) In order to protect the interest of the United States, upon
application by a veterans' small business concern which is the recipient
of a loan guaranteed under this subchapter, the Administrator (subject
to the provisions of this subsection) may undertake the veterans' small
business concern's obligation ot make payments under such loan or, if
the loan was a direct loan made by the Administrator, may suspend such
obligation. While such payments are being made by the Administrator
pursuant to the undertaking of such obligation or while such obligation
is suspended, no such payment with respect to the loan may be required
from the concern.
"(2) The Administrator may undertake or suspend a veterans' small
business concern's obligation under this subsection only if--,
"(A) such undertaking or suspension of the obligation is, in
the judgment of the Administrator, necessary to protect the
interest of the United States;
"(B) with the undertaking or suspension of the obligation, the
small business concern would, in the judgment of the
Administrator, become or remain a viable small business entity;
and
"(C) the small business concern executes an agreement in
writing satisfactory to the Administrator as provided by paragraph
(4) of this subsection.
"(3) The period of time for which the Administrator undertakes or
suspends the obligation on a loan under this subsection may not exceed
five years. The Administrator may extend the maturity of any loan on
which the Administrator undertakes or suspends the obligation under this
subsection for a corresponding period of time.
"(4)(A) Before the Administrator may undertake or suspend a veterans'
small business concern's obligation under this subsection, the
Administrator shall require the small business concern to execute an
agreement to repay the aggregate amount of the payments which were
required under the loan during the period for which the obligation was
undertaken or suspended--,
"(i) by periodic payments not less in amount or less frequently
falling due than those which were due under the loan during such
period,
"(ii) pursuant to a repayment schedule agreed upon by the
Administrator and the small business concern, or
"(iii) by a combination of the method of payments described in
clauses (i) and (ii) of this subparagraph.
"(B) In addition to requiring the small business concern to execute
the agreement described in subparagraph (A) of this paragraph, the
Administrator shall, before the undertaking or suspension of the
obligation, take such action and require the small business concern to
take such action as the Administrator considers appropriate in the
circumstances, including the provision of such security as the
Administrator considers necessary or appropriate, to assure that the
rights and interests of the United States and any lender will be
safeguarded adequately during and after the period in which such
obligation is so undertaken or suspended.
" Section 1843. // 38 USC 1843. // Liability on loans
" Each individual who has an ownership interest in a veterans' small
business concern that is provided a direct loan under this subchapter,
or that obtains a loan guaranteed under this subchapter, shall execute a
note or other document evidencing the direct or guaranteed business
loan, and such individuals shall be jointly and severally liable to the
United States for the amount of such direct loan or, in the case of a
guaranteed loan, for any amount paid by the Administrator on account of
such loan.
" Section 1844. // 38 USC 1844. // Approval of loans by the
Administrator
"(a) Except as provided in subsection (b) of this section, a loan may
not be guaranteed under this subchapter unless, before the closing of
the loan, it is submitted to the Administrator for approval and the
Administrator grants approval.
"(b) The Administrator may exempt any lender of a class of lenders
listed in section 1802(d) of this title from the prior approval
requirement in subsection (a) of this section if the Administrator
determines that the experience of such lender or class of lenders
warrants such exemption.
"(c) The Administrator may at any time upon thirty days' notice
require loans to be made by any lender or class of lenders under this
subchapter to be submitted to the Administrator for prior approval. No
guaranty shall exist with respect to any such loan unless evidence of
the guaranty is issued by the Administrator.
" Section 1845. // 38 USC 1845. // Interest on loans
"(a) Loans guaranteed under this subchapter shall bear interest not
in excess of such rate as the Administrator may from time to time find
the loan market demands. In establishing the rate of interest that
shall be applicable to such loans, the Administrator shall consult with
the Administrator of the Small Business Administration.
"(b) The rate of interest on any direct loan made by the
Administrator under this subchapter may not exceed the maximum rate in
effect under subsection (a) of this section at the time the direct loan
is made.
" Section 1846. // 38 USC 1846. // Maturity of loans
" The maturity of a loan made or guaranteed under this subchapter
that is used in whole or in part for the construction, conversion, or
expansion of facilities or for acquisition of real property may not
exceed twenty years plus such additional reasonable time as the
Administrator may determine, at the time the loan is made, is required
to complete the construction, acquisition, or expansion of such
facilities. The maturity of any other loan made or guaranteed under
this subchapter may not exceed ten years.
" Section 1847. // 38 USC 1847. // Eligible financial institutions
" The Administrator may not guarantee under this subchapter a loan
made by an entity not subject to examination and supervision by an
agency of the United States or of a State.
" Section 1848. // 38 USC 1848. // Preference for disabled veterans
" In the extension of financial assistance under this subchapter, the
Administrator shall give preference, first, to veterans' small business
concerns in which disabled veterans who have successfully completed a
vocational rehabilitation program for self-employment in a small
business enterprise under chapter 31 of this title have a significant
ownership interest, and, second, to veterans' small business concerns in
which other disabled veterans have a significant ownership interest.
" Section 1849. // 38 USC 1849. // Revolving fund
"(a) There is established in the Treasury a revolving fund to be
known as the ' Veterans' Administration Small Business Loan Revolving
Fund' (hereinafter in this section referred to as the 'fund').
"(b) Amounts in the fund shall be available to the Administrator
without fiscal year limitation for all loan guaranty and direct loan
operations under this subchapter other than administrative expenses and
may not be used for any other purpose.
"(c)(1) Effective for fiscal year 1982 and fiscal years thereafter,
there is authorized to be appropriated to the fund a total of
$25,000,000.
"(2) There shall be deposited into the fund all amounts received by
the Administrator derived from loan operations under this subchapter,
including all collection of principal and interest and the proceeds from
the use of property held or of property sold.
"(d) The Administrator shall determine annually whether there has
developed in the fund a surplus which, in the Administrator's judgment,
is more than necessary to meet the needs of the fund. Any such surplus
shall immediately be transferred into the general fund of the Treasury.
"(e) Not later than two years after the termination of the authority
of the Administrator to make new commitments for financial assistance
under this subchapter, the Administrator shall transfer into the general
fund of the Treasury all amounts in the fund except those that the
Administrator determines may be required for the liquidation of
obligations under this subchapter. All amounts received thereafter
derived from loan operations under this subchapter, except so much
thereof as the Administrator may determine to be necessary for
liquidating outstanding obligations under this subchapter, shall also be
so deposited.
" Section 1850. // 38 USC 1850. // Incorporation of other provisions
by the Administrator
" The Administrator may provide that the provisions of sections of
other subchapters of this chapter that are not otherwise applicable to
loans made or guaranteed under this subchapter shall be applicable to
loans made or guaranteed under this subchapter. The Administrator shall
exercise authority under the preceding sentence by regulations
prescribed after publication in the Federal Register and a period of not
less than thirty days for public comment.
" Section 1851. // 38 USC 1851. // Termination of program
" The Administrator may not make commitments for financial assistance
under this subchapter after September 30, 1986.".
(b)(1) The title of such chapter // 38 USC prec. 1801. // is amended
to read as follows:
(2) The table of chapters before part I and the table of chapters at
the beginning of part III are each amended by striking out the item
relating to chapter 37 and inserting in lieu thereof the following:
"37. Housing and Small Business Loans........................
.1801".
(3) The table of sections at the beginning of such chapter is amended
by adding at the end the following:
" Sec.
"1841. Definitions.
"1842. Small business loan program.
"1843. Liability on loans.
"1844. Approval of loans by the Administrator.
"1845. Interest on loans.
"1846. Maturity of loans.
"1847. Eligible financial institutions.
"1848. Preference for disabled veterans.
"1849. Revolving fund.
"1850. Incorporation of other provisions by the Administrator.
"1851. Termination of program.".
Sec. 303. (a) Section 1801 // 38 USC 1801. // is amended--,
(1) by redesignating subsections (a) and (b) as subsections (b)
and (c), respectively;
(2) by inserting before subsection (b) (as redesignated by
clause (1)) the following new subsection:
"(a) For the purpose of this chapter, the term 'housing loan' means a
loan for any of the purposes specified by sections 1810(a) and 1819(
a)(1) of this title.";
(3) by striking out "this chapter-" in subsection (b) (as
redesignated by clause (1)) and inserting in lieu thereof "housing
loans under this chapter-"; and
(4) by striking out " Coast and Geodetic Survey" in subsection
(c) (as redesignated by clause (1)) and inserting in lieu thereof
" National Oceanic and Atmospheric Administration (or predecessor
entity)".
(b) Section 1802 // 38 USC 1802. // is amended--,
(1) by inserting "housing loan" in subsection (a) before
"benefits" both places it appears;
(2) by inserting "housing" in subsection (a) after "insured";
(3) by inserting "housing loan" in subsection (b) after
"insurance" both places it appears;
(4) by striking out " Loans" in the first sentence of
subsection (d) and inserting in lieu thereof " Housing loans";
(5) by inserting "housing" in the second sentence of subsection
(d) after " Any";
(6) by inserting "housing" in subsection (e) after "require";
and
(7) by inserting "housing" in subsection (f) after " Any".
(c) Section 1803(d) // 38 USC 1803. // is amended--,
(1) by inserting "housing" in clause (1) after "any"; and
(2) by inserting "housing" in the first sentence of clause (3)
after "real estate".
(d) Section 1807 // 38 USC 1807. // is amended by inserting "housing
loan" after "eligible for".
(e) Section 1815(a) // 38 USC 1815. // is amended by inserting
"housing" after " Any".
(f) Section 1817 // 38 USC 1817. // is amended--,
(1) by inserting "housing" in subsection (a) after "direct" the
first place it appears; and
(2) by inserting "housing" in the first sentence of subsection
(b) after "direct".
(g) Section 1818(a) // 38 USC 1818. // is amended by inserting
"housing loan" after "eligible for the".
(h) Section 1819(a)(1) // 38 USC 1819. // is amended by inserting
"housing loan" after "eligible for the".
(i) Section 1819(b)(2) is amended by striking out "loan guaranty" and
inserting in lieu thereof "housing loan".
(j) Section 1824 // 38 USC 1824. // is amended--,
(1) by inserting "housing" in subsection (b) after "for all";
and
(2) by inserting "housing" in subsection (c) after "incident
to".
(k) Section 1517(b)(1) // 38 USC 1517. // is amended by inserting
"shall assist such veteran in securing, as appropriate, a loan under
subchapter IV of chapter 37 of this title and" after "the
Administrator".
PROGRAM
Sec. 304. There is authorized to be appropriated a total of $750,000
for fiscal years 1982 through 1986 for use by the Administrator of
Veterans' Affairs for expenses incidental to the establishment of the
small business loan program authorized by subchapter IV of chapter 37 of
title 38, United States Code (as added by section 302). // 38 USC 1841
//
Sec. 305. The amendments made by this title // 38 USC 1841 // shall
take effect at the end of the one-hundred-and-eighty-day period
beginning on the date of the enactment of this Act, except that the
authority of the Administrator of Veterans' Affairs to promulgate
regulations under subchapter IV of chapter 37 of title 38, United States
Code (as added by section 302), shall take effect on such date of
enactment.
Sec. 401. (a)(1) Paragraph (1) of section 307(a) of the Veterans He
Health Programs Extension and Improvement Act of 1979 (Public Law 96 -
151; 93 Stat. 1097) // 38 USC 219 // is amended to read as follows:
"(1)(A) The Administrator of Veterans' Affairs shall design a
protocol for and conduct an epidemiological study of any long-term
adverse health effects in humans of service in the Armed Forces of the
United States in the Republic of Vietnam during the period of the
Vietnam conflict as such health effects may result from exposure to
phenoxy herbicides (including the herbicide known as Agent Orange) and
the class of chemicals known as the dioxins produced during the
manufacture of such herbicides. In conducting such study, the
Administrator may expand the scope of the study to include an evaluation
of any long-term adverse health effects in humans of such service as
such health effects may result from other factors involved in such
service, including exposure to other herbicides, chemicals, medications,
or environmental hazards or conditions. The Administrator may also
include in the study an evaluation of the means of detecting and
treating adverse health effects found through the study.
"(B) The Administrator shall also conduct a comprehensive review and
scientific analysis of the literature covering other studies relating to
whether there may be long-term adverse health effects in humans from
exposure to phenoxy herbicides (including the herbicide known as Agent
Orange) and the class of chemicals known as the dioxins produced during
the manufacture of such herbicides. In conducting such review and
analysis, the Administrator may expand the scope of such review and
analysis to include a review and analysis of the literature covering
other studies relating to whether there may be long-term adverse health
effects in humans from other factors involved in service in the Armed
Forces of the United States in the Republic of Vietnam during the period
of the Vietnam conflict or in other comparable situations involving one
or more of the factors described in the second sentence of subparagraph
(A). The Administrator may also include a review and analysis of the
means of detecting and treating adverse health effects found through any
study covered by either such review and analysis.".
(2) Paragraph (3) of such section is amended by inserting "first"
after "submission of the".
(b) Section 307(b) of such Act is amended--,
(1) by inserting "for administrative or legislative action, or
both," in paragraph (2) after "recommendations"; and
(2) by adding at the end the following new paragraphs:
"(3) Not later than ninety days after the submission of each report
under paragraph (2), the Administrator shall, based on the results
described in such report and the comments and recommendations thereon
and any other available pertinent information, publish in the Federal
Register, for public review and comment, a description of actions, if
any, that the Administrator proposes to take with respect to programs
administered by the Veterans' Administration. Each such description
shall include a justification or rationale for any such action the
Administrator proposes to take.
"(4) The first report submitted under paragraph (2) shall include the
Administrator's recommendation, and reasons therefor, with respect to
whether the authority to provide care and services under and by virtue
of section 610(a)(5) of title 38, United States Code, should be extended
beyond the expiration period specified by section 610(e)(3) of such
title.".
ANNUITIES
FOR CERTAIN PERSONNEL
Sec. 402. (a) Subsection (b) of section 4109 // 38 USC 4109. // is
amended to read as follows:
"(b)(1) In computing the annuity under subchapter III of chapter 83
of title 5 // 5 USC 8331 // of an individual who retires under such
subchapter (other than under section 8337 of such subchapter) after
December 31, 1981, and who served at any time on a less-than-full-time
basis in a position in the Department of Medicine and Surgery to which
such individual was appointed under this subchapter--,
"(A) for the purpose of determining such individual's average
pay, as defined by section 8331(4) of title 5, the annual rate of
basic pay for full-time service shall be deemed to be such
individual's rate of basic pay; and
"(B) the amount of such individual's annuity as computed under
section 8339 of title 5 (before application of any reduction
required by subsection (i) of such section) shall be multiplied by
the fraction equal to the ratio that that individual's total
full-time equivalent service bears to that individual's creditable
service as determined under section 8332 of title 5.
"(2) For the purposes of paragraph (1)(B) of this subsection, an
individual's full-time equivalent service is the individual's creditable
service as determined under section 8332 of title 5, except that any
period of service of such individual served on a less-than-full-time
basis shall be prorated based on the fraction such service bears to
full-time service. For the purposes of the preceding sentence,
full-time service shall be considered to be eighty hours of service per
biweekly pay period.
"(3) A survivor annuity computed under section 8341 of title 5 based
on the service of an individual described in paragraph (1) of this
subsection shall be computed based upon such individual's annuity as
determined in accordance with such paragraph.".
(b)(1) The amendment made by subsection (a) // 38 USC 4109 // shall
take effect as of October 1, 1981.
(2) The annuity under subchapter III of chapter 83 of title 5 // 38
USC 4109 // of an individual who retires under such subchapter during
the period beginning on October 1, 1981, and ending on the date of the
enactment of this Act and who served at any time on a
less-than-full-time basis in a position in the Department of Medicine
and Surgery to which such individual was appointed under subchapter I of
chapter 73 of title 38, United States Code, // 38 USC 4101 // shall be
computed without regard to section 4109(b) of title 38, United States
Code.
Approved November 3, 1981.
LEGISLATIVE HISTORY-H.R. 3499 (S. 921):
HOUSE REPORT No. 97 - 79 (Comm. on Veterans' Affairs).
SENATE REPORT No. 97 - 89 accompanying S. 921 (Comm. on Veterans'
Affairs).
CONGRESSIONAL RECORD, Vol. 127 (1981):
June 2, considered and passed House.
June 15, S. 921 considered in Senate.
June 16, considered and passed Senate, amended, in lieu of S.
921.
Oct. 2, House concurred in Senate amendments with amendments.
Oct. 11, Senate concurred in House amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 17, No. 45 (1981):
Nov. 3, Presidential statement.
PUBLIC LAW 97-71, 95 STAT, 1046
Fighters Day".
Whereas on October 23, 1956, Hungarian freedom fighters attempted to
establish a coalition government and to end Soviet political and
economic domination in Hungary; and
Whereas on October 23, 1956, the Hungarian freedom fighters and other
participants in the Hungarian revolution attempted to free the Hungarian
people from the oppression of the Soviet police state; and
Whereas the Congress supports the efforts of all freedom-loving
peoples to protect their individual human rights and other rights of
self-determination: 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 October 23,
1981, as " Hungarian Freedom Fighters Day", and calling upon the people
of the United States to reaffirm our belief in the eventual victory of
the freedom-loving human spirit over oppression.
Approved October 26, 1981.
LEGISLATIVE HISTORY-H.J. Res. 268:
CONGRESSIONAL RECORD, Vol. 127 (1981):
Oct. 14, considered and passed House.
Oct. 20, considered and passed Senate.
PUBLIC LAW 97-70, 95 STAT, 1045
Survey Act of
1976.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 4(b) of the
International Investment Survey Act of 1976 (22 U.S.C. 3103(b)) is
amended by striking the word "calendar" each time it appears therein.
Approved October 26, 1981.
LEGISLATIVE HISTORY-S 1687:
CONGRESSIONAL RECORD, Vol. 127 (1981):
Sept. 30, considered and passed Senate.
Oct. 14, considered and passed House.
PUBLIC LAW 97-69, 95 STAT, 1041
Code, relating to the use of the
frank, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 3210(a)(
3)(F) of title 39, United States Code, is amended to read as follows:
"(F) mail matter expressing congratulations to a person who has
achieved some public distinction;".
Sec. 2. (a) Section 3210(a)(5) of title 39, United States Code, is
amended--,
(1) by inserting the words "unless it is a brief reference in
otherwise frankable mail" before the semicolon at the end of
subparagraph (B)(i);
(2) by inserting the word "or" after the semicolon at the end
of subparagraph (B)(iii);
(3) by striking out the semicolon and the word "or" at the end
of subparagraph (C) and substituting a period; and
(4) by striking out subparagraph (D).
(b) Section 3210(a) of title 39, United States Code, is amended by
adding the following new paragraph:
"(6)(A) It is the intent of Congress that a Member of, or
Member-elect to, Congress may not mail any mass mailing as franked
mail--,
"(i) if the mass mailing is mailed fewer than 60 days
immediately before the date of any primary election or general
election (whether regular, special, or runoff) in which the Member
is a candidate for reelection; or
"(ii) in the case of a Member of, or Member-elect to the House
who is a candidate for any other public office, if the mass
mailing--,
office which
is outside the area constituting the congressional
district
from which the Member or Member-elect was elected; or
(whether
regular, special, or runoff) in which the Member or
Member-elect
is a candidate for any other public office.
"(B) Any mass mailing which is mailed by the chairman of any
organization referred to in the last sentence of section 3215 of this
title which relats to the normal and regular business of the
organization may be mailed without regard to the provisions of this
paragraph.
"(C) No Member of the Senate may mail any mass mailing as franked
mail if such mass mailing is mailed fewer than 60 days immediately
before the date of any primary election or general election (whether
regular, special, or runoff) for any national, State or local office in
which such Member is a candidate for election.
"(D) The Select Committee on Ethics of the Senate and the House
Commission on Congressional Mailing Standards shall prescribe for their
respective Houses rules and regulations, and shall take other action as
the Committee or the Commission considers necessary and proper for
Members and Members-elect to comply with the provisions of this
paragraph and applicable rules and regulations. The rules and
regulations shall include provisions prescribing the time within which
mailings shall be mailed at or delivered to any postal facility and the
time when the mailings shall be deemed to have been mailed or delivered
to comply with the provisions of this paragraph.
"(E) For purposes of this section, the term 'mass mailing' means
newsletters and similar mailings of more than five hundred pieces in
which the content of the matter mailed is substantially identical but
shall not apply to mailings--,
"(i) which are in direct response to communications from
persons to whom the matter is mailed;
"(ii) to colleagues in the Congress or to government officials
(whether Federal, State, or local); or
"(iii) of news releases to the communications media.".
Sec. 3. (a) Section 3210(d) of title 39, United States Code, is
amended by--,
(1) striking "the House" and substituting " Congress" in
paragraph (1);
(2) inserting "or State" after "district" in subparagraph (A)
of paragraph (1);
(3) inserting "with respect to a Member of the House of
Representatives" after "(B)" in subparagraph (B) of paragraph (1);
(4) striking " House of Representatives" and substituting "
Congress" in paragraph (2);
(5) inserting "or the State" after "district" in paragraph (2);
(6) redesignating paragraph (4) and paragraph (5) as paragraph
(7) and paragraph (8), respectively; and
(7)inserting after paragraph (3) the following new paragraphs:
"(4) Any franked mail which is mailed under this subsection shall be
mailed at the equivalent rate of postage which assures that the mail
will be sent by the most economical means practicable.
"(5) The Senate Committee on Rules and Administration and the House
Commission on Congressional Mailing Standards shall prescribe for their
respective Houses rules and regulations governing any franked mail which
is mailed under this subsection and shall by regulation limit the number
of such mailings allowed under this subsection.
"(6)(A) Any Member of, or Member-elect tok the House of
Prepresentatives entitled to make any mailing as franked mail under this
subsection shall, before making any mailing, submit a sample or
description of the mail matter involved to the House Commission on
Congression Mailing Standards for an advisory opinion as to whether the
proposed mailing is in compliance with the provisions of this
subsection.
"(B) The Senate Select * committee on Ethics may require any Member
of, or Member-elect to, the Senate entitled to make any mailings as
franked mail under this subsection to submit a sample or description of
the mail matter to the Committee for an advisory opinion as to whether
the proposed mailing is in compliance with the provisions of this
subsection.".
(b) This section shall become effective 120 days after the date of //
39 USC 3210 // enactment of this Act.
Sec.4 (a) Section 3210(e) of title 39, United States Code, is amended
by striking out the last sentence.
(b) Section 3210 of title 39, United States Code, is amended by
redesignating subsection (f) as subsection (g), and by inserting after
subsection (e) the following new subsection:
"(f) Any mass mailing which otherwise would be permitted to be mailed
as franked mail under this section shall not be so mailed unless the
cost of preparing and printing the mail matter is paid exclusively from
funds appropriated by Congress, except that an otherwise frankable mass
mailing may contain, as an enclosure or supplement, any public service
material which is purely instructional or informational in nature, and
which is content is frankable under this section.".
Sec. 5. (a) Section 3211 of title 39, United States Code, is amended
by striking out "until the first day of April" and substituting "during
the 90-day period immediately".
(b) Section 3213(2) of title 39, United Stats Code, is amended by
striking out "until the thirtieth day of June" and substituting "during
the 90-day period immdediately".
Sec. 6. (a) Section 3216(a)(1)(B) of title 39, United States Code,
is amended by striking out "surviving spouse" and substituting
"survivors".
(b) Section 3218 of title 39, United States Code, is amended by
inserting after "such Member" the following: "(or, if there is no
surviving spouse, a member of the immediate family of the Member
designated by the Secretary of the Senate or the Clerk of the House of
Representatives, as appropriate, in accordance with rules and procedures
established by the Secretary or the Clerk)".
(c)(1) The heading for section 3218 of title 39, United States Code,
is amended by striking out "surviving spouses" and substituting
"survivors".
(2) The table of sections for chapter 32 of title 39, United States
Code, is amended by striking out the item relating to section 3218 and
substituting the following new item:
"3218. Franked mail for survivors of Members of Congress.".
Sec. 7. (a)(1) Section 5(d) of the Act entitled " An Act to amend
title 39, United States Code, to clarify the proper use of the franking
privilege by Member of Congress, and for other purposes", approved
December 18, 1973 (Public Law 93-191; 87 Stat. 742), is amended by
striking out "and" the second place it appears therein, and by inserting
after " United States Code," the following: "and in connection with any
other Federal law (other than any law which imposes any criminal
penalty) or any rule of the House of Representatives relating to franked
mail,".
(2) The first sentence of section 5(e) of such Act is amended by
inserting after "of this section" the following: "(or any other Federal
law which does not include any criminal penalty or any rule of the House
of Representatives relating to franked mail)".
(b) Section 5(d) of such Act is amended--,
(1) by inserting "any former Member of the House or former
Member-elect, Resident Commissioner or Resident
Commissioner-elect, Delegate or Delegated-elect, any" after "
Delegated-elect,";
(2) by inserting "(or any individual designated by the Clerk of
the House under section 3218 of title 39, United States Code)"
after "any of the foregoing";
(3) by inserting "any" before "other House official"; and
(4) by inserting "or former House official" after " House
official".
(c) Section 5(e) of such Act // 2 USC 501. // is amended by
inserting after the eighth sentence thereof the following new sentence:
" In the case of a former Member of the House or a former Member-elect,
a former Resident Commissioner or Delegate or Resident
Commissioner-elect or Delegate-elect any surviving spouse of any of the
foregoing (or any individual designated by the Clerk of the House under
section 3218 of title 39, United States Code), or any other former House
official, if the Commission finds in its written decision that any
serious and willful violation has occurred or is about to occur, then
the Commission may refer the matter to any appropriate law enforcement
agency or official for appropriate remedial action.".
Approved October 26, 1981.
LEGISLATIVE HISTORY- S. 1224:
SENATE REPORT No. 97 - 155 (Comm. on Governmental Affairs).
CONGRESSIONAL RECORD, Vol. 127 (1981):
July 20, considered and passed Senate.
Oct. 13, considered and passed House.
PUBLIC LAW 97-68, 95 STAT, 1040
the Fishermen's Protective
Act of 1967 relating to the reimbursement of United
States commercial fishermen
for certain losses incurred incident to the seizure of
their vessels by foreign
nations; and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 7 of the
Fishermen's Protective Act of 1967 (22 U.S.C. 1977) is amended--,
(1) by adding immediately after the fourth sentence of
subsection (c) the following new sentence: " Those fees not
currently needed for payments under this section shall be kept on
deposit or invested in obligations of, or guaranteed by, the
United States and all revenues accruing from such deposits or
investments shall be credited to such separate account."; and
(2) in subsection (e), by striking out " October 1, 1981" and
inserting in lieu thereof " October 1, 1984". SEC. 2. (a)(1) The
first section of the Act of June 29, 1935 (relating to
certain seagoing vessels) (46 U.S.C. 367,) as amended, is further
amended by striking " January 1, 1983" and inserting in lieu thereof "
January 1, 1988".
(2) Section 10(c) of the Act of May 28, 1908 (relating to seagoing
barges) (46 U.S.C. 395(c)) is amended by striking " January 1, 1982,"
and inserting in lieu thereof " January 1, 1988,".
(3) The last sentence of section 4426 of the Revised Statutes of the
United States (46 U.S.C. 404), as amended, is amended by striking "
January 1, 1983" and inserting in lieu thereof " January 1, 1988".
(b) For the purposes of section 9 of the Rivers and Harbors
Appropriation Act of 1899, as amended (33 U.S.C. 401), // 33 USC 59s.
// the portion of the Green River in the State of Washington lying
upstream from that State Highway 516 bridge which is in existence on the
date of enactment of this Act is hereby declared to be not a navigable
waterway.
Approved October 26, 1981.
LEGISLATIVE HISTORY- S. 1191 H.R. 3016):
HOUSE REPORT No 97 - 54 accompanying H.R. 3016 (comm. on Merchant
Marine and Fisheries).
SENATE REPORT No. 97 - 69 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD, Vol. 127 (1981):
Aug. 3, considered and passed Senate.
Sept. 21, H.R. 3016 considered and passed House; proceedings
vacated and S. 1191, amended, passed in lieu.
Sept. 30, Senate concurred in House amendments with amendments.
Oct. 7, House agreed to Senate amendments.
PUBLIC law 97-67, 95 STAT, 1039
price support level for
milk and to extend the time for conducting the
referendum with respect to the
national marketing quota for wheat for the marketing
year beginning June 1,
1982.
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 201(c) of the Agricultural Act of 1949, // 7 USC
1446 // as amended, the price of milk shall be supported at the level of
$13.10 per hundredweight for milk containing 3.67 per centum butterfat
for the period beginning October 1, 1981, and ending November 15, 1981.
Sec. 2. the last sentence of section 336 of the Agricultural
Adjustment %ct of 1938 (7 U.S.C. 1336) // 7 USC 1446. // is amended by
striking out " October 15, 1981" and inserting in lieu thereof "
November 15, 1981".
Approved October 20, 1981.
LEGISLATIVE history--H.R. 4612:
CONGRESSIONAL RECORD, Vol. 127 (1981):
Oct. 1, considered and passed House.
Oct. 16, 19, considered and passed Senate.
PUBLIC LAW 97-66, 95 STAT, 1026, VETERANS' DISABILITY COMPENSATION,
HOUSING, AND MEMORIAL BENEFITS AMENDMENTS OF 1981
rates of disability compensation
for disabled veterans, to increase the rates of
dependency and indemnity compensation
for the surviving spouses and children of disabled
veterans, to authorize the
Administrator of Veterans' Affairs to guarntee home
loans with provisions for
graduated-payment plans, to increase the maximum amount
payable under the
Veterans' Administration automobile assistance and
specially adapted housing
assistance programs, to expand eligibility for memorial
markers, to require advance
notification to Congress regarding certain Veterans'
Administration reorganizations,
and to limit expenditures of medical appropriations in
connection with
contracting-out studies; and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
CODE
Section 1. (a) This Act // 38 USC 101 // may be cited as the "
Veterans' Disability Compensation, Housing, and Memorial Benefits
Amendments of 1981".
(b) Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provisions, the reference shall be considered to
be made to a section or other provision of title 38, United States Code.
Sec. 101.(a) Section 314 // 94 Stat. 1528. 38 USC 314. is amended--,
(1) by striking out "$54" in subsection (a) and inserting in
lieu thereof "$58";
(2) by striking out "$99" in subsection (b) and inserting in
lieu thereof "$107";
(3) by striking out "$150" in subsection (c) and inserting in
lieu thereof "$162";
(4) by striking out "$206" in subsection (d) and inserting in
lieu thereof "$232";
(5) by striking out "$291" in subsection (e) and inserting in
lieu thereof "$328";
(6) by striking out "367" in subsection (f) and inserting in
lieu thereof "$413";
(7) by striking out "$434" in subsection (g) and inserting in
lieu thereof "$521";
(8) by striking out "$503" in subsection (h) and inserting in
lieu thereof "$604";
(9) by striking out "$566" in subsection (i) and inserting in
lieu thereof "$679";
(10) by striking out "$1,016" in subsection (j) and inserting
in lieu thereof "$1,130";
(11) by striking out "$1,262" and "$1,768" in subsection (k)
and inserting in lieu thereof "$1,403" and "$1966", respectively;
(12) by striking out "$1262" in subsection (1) and inserting in
lieu thereof "$1,403";
(13) by striking out "$1,391" in (m) and inserting in in lieu
thereof "$1,547";
(14) by striking out "$1,581" in subsection (n) and inserting
in lieu thereof "$1,758";
(15) by striking out "$1,768" each place it appears in
subsections (o) and (p) and inserting in lieu thereof "$1,966";
(16) by striking out "$759" and "$1,130" in subsection (r) and
inserting in lieu thereof "$844" and "$1,257", respectively;
(17) by striking out "$1,137" in subsection (s) and inserting
in lieu thereof "$1,264"; and
(18) by striking out "$219" in subsection (t) and inserting in
lieu thereof "$244".
(b) The Administrator of Veterans' Affairs may adjust
administratively, consistent with the increases authorized by this
section, the rates of disability compensation payable to persons within
the purview of section 10 of Public Law 85 - 857 // 38 USC prec. 101.
// who are not in receipt of compensation payable pursuant to chapter 11
of title 38, United States Code. // 38 USC 301 //
DEPENDENTS
Sec. 102. Section 315(1) is amended--,
(1) by striking out "$62" in clause (A) and inserting in lieu
thereof "$69";
(2) by striking out "$104" in clause (B) and inserting in lieu
thereof "$116";
(3) by striking out "$138" in clause (C) and inserting in lieu
thereof "$153";
(4) by striking out "$173" and "$34" in clause (D) and
inserting in lieu thereof "$192" and "$38", respectively;
(5) by striking out "42" in clause (E) and inserting in lieu
thereof "47";
(6) by striking out "$77" in clause (f)and inserting in lieu
thereof "$86";
(7) by striking out "$111" and "$34" in clause (G) and
inserting in lieu thereof "$123" and "$38", respectively;
(8) by striking out "$50" in clause (H) and inserting in lieu
thereof "$56";
(9) by striking out "$112" in clause (I) and inserting in lieu
thereof "$125"; and
(10) by striking out "$94" in clause (J) and inserting in lieu
thereof "$105".
VETERANS
Sec. 103. Section 362
94 Stat. 1529. 38 USC 362. // is amended by striking out "$274" and
inserting in lieu thereof "$305"9
SEVERELY DISABLED
VETERANS
Sec. 104. Section 314 // 38 USC 314. // is amended--,
(1) in subsection (1), by striking out "both hands, or";
(2) in subsection (m), by striking out "two extremities at a
level, or with complications, preventing natural elbow or knee
action with prosthesis" and inserting in lieu thereof "both hands,
or of both legs at a level, or with complications, preventing
natural knee action with prostheses in place, or of one arm and
one leg at levels, or with complications, preventing natural elbow
and knee action with prostheses";
(3) in subsection (n), by striking out "of two extremities so
near the shoulder or hip as to prevent the use of a prosthetic
appliance" and inserting in lieu thereof "or loss of use of both
arms at levels, or with complications, preventing natural elbow
action with prostheses in place, has suffered the anatomical loss
of both legs so near the hip as to prevent the use of prosthetic
appliances, or has suffered the anatomical loss of one arm and one
leg so near the shoulder and hip as to prevent the use of
prosthetic appliances,"; and
(4) in subsection (o), by inserting "or if the veteran has
suffered the anatomical loss of both arms so near the shoulder as
to prevent the use of prosthetic appliances," after "less,".
COMPENSATION
FOR SURVIVING SPOUSES
Sec. 201.(a) Subsection (a) of section 411 // 94 Stat. 1529. 38 USC
411. // is amended to read as follows:
"(a) Dependency and indemnity compensation shall be paid to a
surviving spouse, based on the pay grade of the person upon whose death
entitlement is predicated, at monthly rates set forth in the following
table:
TABLE OMITTED.
(b) Subsection (b) of such section is amended by striking out "$43"
and inserting in lieu thereof "$48".
(c) Subsection (c) of such section is amended by striking out "$112"
and inserting in lieu thereof "$125".
(d) Subsection (d) of such section is amended by striking out "$56"
and inserting in lieu thereof "$62".
COMPENSATION
FOR CHILDREN
Sec. 202. Section 413 // 94 Stat. 1530. 38 USC 413. // is
amended--,
(1) by striking out "$189" in clause (1) and inserting in lieu
thereof "$210";
(2) by striking out "$271" in clause (2) and inserting in lieu
thereof "$301";
(3) by striking out "$350" in clause (3) and inserting in lieu
thereof "$389"; and
(4) by striking out "$350" and "$71" in clause (4) and
inserting in lieu thereof "$389" and "$79", respectively.
INDEMNITY
COMPENSATION FOR CHILDREN
Sec. 203. Section 414 // 94 S1530. 38 USC 414. // is amended--,
(1) by striking out "$112" in subsection (a) and inserting in
lieu thereof "$125";
(2) by striking out "$189" in subsection (b) and inserting in
lieu thereof "$210"; and
(3) by striking out "$96" in subsection (c) and inserting in
lieu thereof "$107".
Sec. 204. (a) 413 // 38 USC 413. // is amended by inserting "(a)"
before " Whenever", and by adding at the end the following new
subsection:
"(b) If dependency and indemnity compensation has been awarded under
this section to a veteran's child or children and the entitlement to
dependency and indemnity compensation under this section of an
additional child of that veteran who is over the age of eighteen years
and who had previously been entitled to dependency and indemnity
compensation under this section before becoming eighteen years of age is
later reestablished effective retroactively upon determination that such
child is pursuing a course of instuction at an approved educational
institution, the amount payable retroactively to the additional child is
the amount equal to the difference between the total of the increased
award payable under this section to the children of the deceased veteran
for the retroactive period and the prior total award for such purpose
for that period.".
(b) Section 3010(e) // 38 USC 3010. // is amended--,
(1) by striking out " The" and inserting in lieu thereof "(1)
Except as provided in paragraph (2) of this subsection, the"; and
(2) by adding at the end the following new paragraph:
"(2) In the case of a child who is eighteen years of age or over and
who immediately before becoming eighteen years of age was counted under
section 411(b) of this title in determining the amount of the dependency
and indemnity compensation of a surviving spouse, the effective date of
an award of dependency and indemnity compensation to such child shall be
the date the child attains the age of eighteen years if application
therefor is received within one year from such date.".
Sec. 301. Section 1902(a) // 38 USC 1902. // is amended by striking
out "$3,800" and inserting in lieu thereof "$4,400".
ASSISTANCE
Sec. 302. Section 1902(b) is amended--,
(1) by inserting "(1)" before " The"; and
(2) by adding at the end the following new paragraph:
"(2) In the case of any veteran (other than a person eligible for
assistance under paragraph (1) of this subsection) who is entitled to
compensation for ankylosis of one or both knees, or one or both hips,
the Administrator, under the terms and conditions set forth in
subsections (a) (c), and (d) of section 1903 of this title and under
regulations which the Administrator shall prescribe, shall provide such
adaptive equipment to overcome the disability resulting from such
ankylosis as (A) is necessary to meet the applicable standards of
licensure established by the State of such veteran's residency or other
proper licensing authority for the operation of such veteran's
automobile or other conveyance by such veteran, and (B) is determined to
be necessary by the Chief Medical Director for the safe operation of
such automobile or other conveyance by such veteran.".
Sec. 303. sections 1902 and 1908(b) // 38 USC 1902, 1903 // are
amended by striking out "he" each place it appears and inserting in lieu
thereof "the Administrator" and by striking out "his" each place it
appears and inserting in lieu thereof "such person's".
Sec. 401. (a) Section 767 // 38 USC 767 // is amended--,
(1) in subsection (a)--,
thereof
"$35,000"; and
(B) to
be insured in the amount of";
(2) in subsection (c)--,
be
insured in the amount of"; and
insured
in the amount of"; and
(3) by adding at the end of such section the following new
subsection:
"(d) Notwithstanding any other provision of this section, any member
who on the effective date of this subsection is a member of the Retired
Reserve of a uniformed service (or who upon application would be
eligible for assignment to the Retired Reserve of a uniformed service)
may obtain increased insurance coverage up to a maximum of $35,000 (in
any amount divisible by $5,00) if--,
"(1) the member--,
date
of this subsection; or
subsection,
reinstates insurance under this subchapter that had
lapsed for nonpayment of premiums; and
"(2) the member submits a written application for the increased
coverage to the office established pursuant to section 766(b) of
this title within one year after the effective date of this
subsection.".
(b) Section 777(a) // 38 USC 777. // is amended--,
(1) by striking out "or $20,000" in the first sentence and
inserting in lieu thereof "20,000, $25,000, $30,000, or $35,000";
(2) by striking out "$20,000" in the second sentence and
inserting in lieu thereof "$35,000"; and
(3) by striking out "$20,000" both places it appears in the
fourth sentence and inserting in lieu thereof "$35,000".
INSURANCE
PROGRAM
Sec. 402. %section 769 // 38 USC 769. // is amendeded by ading at
the end the following new subsection:
"(f) The Secretary of Defense shall prescribe regulations for the
administration of the functions of the Secretaries of the military
departments under this section. Such regulations shall prescribe such
procedures as the Secretary of Defense, after consultation with the
Administrator, may consider necessary to ensure that such functions are
carried out in a timely and complete manner and in accordance with the
provisions of this section, including specifically the provisions of
subsection (a)(2) of this section relating to contributions from
appropriations made for active duty pay.".
Sec. 403. (a) Section 717(c) // 38 USC 717. // is amended--,
(1) by striking out " Unless" in the first sentence and
inserting in lieu thereof " Except as provided in the second and
third sentences of this subsection, unless", and
(2) by inserting the following new sentence after the second
sentence: " In the case of insurance maturing after September 30,
1981, and for which no option has been elected by the insured, the
first beneficiary may elect to receive payment in one sum.".
(b) Section 752(a) // 38 USC 752. // is amended by adding at the end
the following new sentence: " Notwithstanding any provision to the
contrary in any insurance contract, the beneficiary may, in the case of
insurance maturing aftter September 30, 1981, and for which the insured
has not exercised the right of election of the insured as provided in
this subchapter, elect to receive payment of the insurance in one sum.".
VETERANS'
ADMINISTRATION LOAN GUARANTY PROGRAM
Sec. 501.(a) Section 1803(d)(2) // USC 1803. // is amended--,
(1) by inserting "(A)" after "(2)"; and
(2) by adding at the end the following new subparagraphs:
"(B) The Administrator may guarantee loans with provisions for
various rates of amortization corresponding to anticipated variations in
family income. With respect to any loan guaranteed under this
subparagraph--,
"(i) the initial principal amount of the loan may not exceed
the reasonable value of the property as of the time the laon is
made; and
"(ii) the principal amount of the loan thereafter (including
the amount of all interest to be deferred and added to principal)
may not at any time be scheduled to exceed the projected value of
the property.
"(C) For the purposes of subparagraph (B) of this paragraph, the
projected value of the property shall b calculated by the Administrator
by increasing the reasonable value of the property as of the time the
loan is made at a rate not in excess of 2.5 percent per year, but in no
event may the projected value of the property for the purposes of such
subparagraph exceed 115 percent of such reasonable value. A loan made
for a purpose other than the acquisition of a single-family dwelling
unit may not be guaranteed under such subparagraph.".
(b) Section 1828 // 38 USC 1828. // is amended--,
(1) by inserting "(1)" after "constitution or law"; and
(2) by inserting "(2) restricting the manner of calculating
such interest (including prohibition of the charging of interest
on interest), or (3) requiring a minimum amortization of
principal," after "lenders,".
HOUSING
ASSISTANCE
Sec. 502 Section 802 // 94 Stat. 1531. 38 USC 802. // is amended--,
(1) in subsection (a)--,
thereof
"$32,500";
lieu
thereof "such veteran's"; and
(2) by striking out "section 804(b)(2)" in subsection (b) and
inserting in lieu thereof "section 804(b)".
FOR MOBILE-HOME
PURCHASES
Sec. 503. Paragraph (1) of section 1819(d) // 38 USC 1819. // is
amended to read as follows:
"(1) The maturity of any loan guaranteed under this section shall not
be more than--,
"(A) fifteen years and thirty-two days, in the case of a loan
for the purchase of a lot;
"(B) twenty years and thirty-two days, in the case of a loan
for the purchase of--,
"(C) twenty-three years and thirty-two days, in the case of a
loan for the purchase of a double-wide mobile home; or
"(D twenty-five years and thirty-two days, in the case of a
loan for the purchase of a double-wide mobile home and a lot.".
Sec. 504. section 1826 // 38 USC 1826. // is amended--,
(1) by striking out subsection (a); and
(2) by striking out "(b)".
REORGANIZATIONS;
REQUIRED STAFFING LEVEL AUTHORITIES
Sec. 601. (a)(1) Section 210(b) // 38 USC 210. // is amended--,
(A) by inserting "(1)" after "(b)"; and
(B) by adding at the end the following new paragraph:
"(2)(A) The Administrator may not in any fiscal year implement an
administrative reorganization described in subparagraph (B) of this
paragraph unless the Administrator first submits to the appropriate
committees of the Congress a report containing a detailed plan and
justification for the administrative reorganization. Any such report
shall be submitted not later than the day on which the President,
pursuant to section 201(a) of the Budget and Accounting Act, 1921 (31
U.S.C. 11(a), submits to the Congress the Budget for the fiscal year in
which the administrative reorganization is to be implemented. No action
to carry out such reorganization may be taken after the submission of
such report until the first day of such fiscal year.
"(B) subparagraph (A) of this paragraph applies only to an
administrative reorganization within the Veterans' Administration that
involves a reduction during any fiscal year in the number of full-time
equivalent employees with permanent duty stations at a covered office or
facility--,
"(i) by 10 percent or more, or
"(ii) by a percent which, when added to the percent reduction
under this subsection in the number of such employees with
permanent duty stations at such office or facility during the preceding
fiscal year, is 15 percent or more.
"(C) For the purposes of this paragraph--,
"(i) The term 'administrative reorganization' means a
consolidation, elimination, abolition, or redistribution of
functions under the authority granted the Administrator under the
second sentence of paragraph (1) of this subsection.
"(ii) The term 'covered office or facility' means a Veterans'
Administration office or facility that is the permanent duty
station for 25 or more employees or that is a free-standing
outpatient clinic".
(2) Paragraph (2) of section 210(b) of title 38, United States Code,
// 38 USC 210 // as added by paragraph (1), does not apply to an
administative reorganization (as defined in in such paragraph (2) that
is fully accomplished before the date of the enactment of this Act.
(b) Section 5010(a) // 38 USC 5010. // is amended--,
(1) in paragraph (4)--,
fiscal
year)" in subparagraph (A) after "for the Veterans'
Administration";
and
"fiscal
year" the first place it appears in subparagraph (B)
and both
places it appears in subparagraph (D); and
(2) by adding at the end the following new paragraph:
"(5) notwithstanding any other provision of this title or of any
other law, funds appropriated for the Veterans' Administration under the
appropriation accounts for medical care, medical and prosthetic
research, and medical administration and miscellaneous operating
expenses may not be used for, and no employee compensated from such
funds may carry out any activity in connection with, the conduct of any
study comparing the cost of the provision by private contractors with
the cost of the provision by the Veterans' Administration of commercial
or industrial products and services for the Department of Medicine and
Surgery unless such funds have been specifically appropriated for that
purpose.".
HOSPITALIZED VETERANS
UNDERGOING A PRESCRIBED PROGRAM OF REHABILITATION
Sec. 602. paragraph (1) of section 3203(a) // 38 USC 3203 // is
amended--,
(1) by striking out " Where" in subparagraph (B) and inserting
in lieu thereof " Except as provided in subparagraph (D) of this
paragraph, where"; and
(2) by adding at the end the following new subparagraph:
"(D) In the case of a veteran being furnished hospital or nursing
home care by the Veterans' Administration and with respect to whom
subparagraph (B) of this paragraph requires a reduction in pension, such
reduction shall not be made for a period of up to three additional
calendar months after the last day of the the third month referred to n
such subparagraph if the Administrator determines that the primary
purpose for the furnishing of such care during such additional period is
for the Veterans' Administration to provide such veteran with a
prescribed program of rehabilitation services, under chapter 17 of this
title, // 38 USC 601 // designed to restore such veteran's ability to
function within such veteran's family and community. If the
Administrator determines that it is necessary, after such period, for
the veteran to continue such program of rehabilitation services in order
to achieve the purposes of such program and that the primary purpose of
furnishing hospital or nursing home care to the veteran continues to be
the provision of such program to the veteran, the reduction in pension
required by subparagraph (B) of this paragraph shall not be made for the
number of calendar months that the Administrator determines is necessary
for the veteran to achieve the purposes of such program.".
Sec. 603. (a) Subsection (b) of section 906 // 38 USC 906 // is
amended to read as follows:
"(b) The Administrator shall furnish, when requested, an appropriate
memorial headstone or marker for the purpose of commemorating any
veteran--,
"(1) whose remains have not been recovered or identified,
"(2) whose remains were buried at sea, whether by the veteran's
own choice or otherwise,
"(3) whose remains were donated to science, or
"(4) whose remains were cremated and the ashes scattered
without interment of any portion of the ashes,
for placement by the applicant in a national cemetery area reserved for
such purpose under the provision of section 1003 of this title or in a
State, local, or private cemetery.".
(b) Subsection (a) of section 1003 // 38 USC 1003. // is amended to
read as follows:
"(a) The Administrator shall set aside, when available, suitable
areas in national cemeteries to honor the memory of members of the Armed
Forces and veterans--,
"(1) who are missing in action;
"(2) whose remains have not been recovered or identified;
"(3) whose remains were buried at sea, whether by the member's
or
or veteran's own choice or otherwise;
"(4) whose remains were donated to science; or
"(5) whose remains were cremated and the ashes scattered
without interment of any portion of the ashes.".
Sec. 604. (a)(1) chapter 53 is amended by inserting after section
3103 the following new section:
Section 3103 A. // 38 USC 3103 A. // Minimum active-duty service
requirement
"(a) Notwithstanding any other provision of law, any requirements for
eligibility for or entitlement to any benefit under this title or any
other law administered by the Veterans' Administration that are based on
the length of active duty served by a person who initially enters such
service after September 7, 1980, shall be exclusively as prescribed in
this title.
"(b)(1) Except as provided in paragraph (3) of this subsection, a
person described in paragraph (2) of this subsection who is discharged
or released from a period of active duty before completing the shorter
of--,
"(A) 24 months of continuous active duty, or
"(B) the full period for which such person was called or
ordered to active duty,
is not eligible by reason of such period of active duty for any benefit
under this title or any other law administered by the Veterans'
Administration.
"(2) Paragraph (1) of this subsection applies--,
"(A) to any person who originally enlists in a regular
component of the Armed Forces after September 7, 1980; and
"(B) to any other person who enters on active duty on or after
the date of the enactment of the Veterans' Disability
Compensation, Housing, and Memorial Benefits Amendments of 1981
and has not previously completed a continuous period of active
duty of at least 24 months or been discharged or released from
active duty under section 1171 of title 10.
"(3) Paragraph (1) of this subsection does not apply--,
"(A) to a person who is discharged or released from active duty
under section 1171 or 1173 of title 10;
"(B) to a person who is discharged or released from active duty
for a disability incurred or aggravated in line of duty;
"(C) to a person who has a disability that the Administrator
has determined to be compensable under chapter 11 of this title;
// 38 USC 301 //
"(D) to the provision of a benefit for or in connection with a
service-connected disability, condition, or death; or
"(E) to benefits under chapter 19 of this title.
// 38 USC 701 //
"(c)(1) Except as provided in paragraph (2) of this subsection, no
dependent or survivor of a person as to whom subsection (b) of this
section requires the denial of benefits shall, by reason of such
person's period of active duty, be provided with any benefit under this
title or any other law administered by the Veterans' Administration.
"(2) Paragraph (1) of this subsection does not apply to benefits
under chapters 19 and 37 of this title. // 38 USC 701, 801 //
"(d) For the purposes of this section, the term 'benefit' includes a
right or privilege, but does not include a refund of a participant's
contributions to the educational benefits program provided by chapter 32
of this title.". // 38 USC 1601 //
(2) The table of sections at the beginning of such chapter is amended
by inserting after the item relating to section 3103 the following:
"3103 A. Minimum active-duty service requirement.".
(b) Section 3103 A of title 38, United States Code, // 38 USC 3103 A
// as added by subsection (a), shall not apply with respect to the
receipt by any person of any benefit provided by or pursuant to law
before the date of the enactment of this Act. Notwithstanding such
section, a person who before such date has received a certificate of
eligibility from the Administrator of Veterans' Affairs for benefits
under chapter 37 of title, 38 United States Code, // 38 USC 1801 // is
eligible for such benefits after such date.
SERVICE-CONNECTED
DISABLED VETERANS
Sec. 605. (a) Section 1712(b)(1) // 38 USC 1712. // is amended--,
(1) by inserting "of the following" after "whichever";
(2) by striking out "the date" in clause (A) and inserting in
lieu thereof " The date";
(3) by striking out the comma and "or" at the end of clause (A)
and inserting in lieu thereof a period; and
(4) by striking out clause (B) and inserting in lieu thereof
the following:
"(B) The date of death of the spouse from whom eligibility is
derived who dies while a total disability evaluated as permanent
in nature was in existence.
"(C) The date on which the Administrator determines that the
spouse from whom eligibility is derived died of a
service-connected
(b) Subsection (f) of section 2 of Public Law 90 - 631 (82 Stat.
1331) // 38 USC 1712 // is amended to read as follows:
"(f)(1) Except as provided in paragraph (2) of this subsection, in
the case of any person who is an eligible person by reason of
subparagraph (B) or (D) of section 1701(a)(1) of title 38, United states
Code, if the date of death or the date of the determination of
service-connected total disability permanent in nature of the person
from whom eligwhom eligibility is derived occurred before December 1,
1968, the 10-year delimiting period referred to in section 1712(b)(1) of
such title shall run from such date.
"(2) If the death of the person from whom such eligibility is derived
occurred before December 1, 1968, and the date on which the Adinistrator
of Veterans' Affairs determines that such person died of a
service-connected disability is later than December 1, 1968, the
delimiting period referred to in section 1712(b)(1) of such title shall
run from the date on which the Administrator makes such determination.".
OF CERTAIN
INSTITUTIONS
Sec. 606. section 1776 // 38 USC 1776. // is amended by adding at
the end the following new subsection:
"(d) The administrator may waive, in whole or in part, the
requirements of subsection (c)(13) of this section in the case of an
educational institution which--,
"(1) is a college, university, or similar institution offering
postsecondary level academic instruction that leads to an
associate or higher degree,
"(2) is operated by an agency of a State or of a unit of local
government,
"(3) is located within such State or, in the case of an
institution operated by an agency of a unit of local government,
within the boundaries of the area over which such unit has taxing
jurisdiction, and
"(4) is a candidate for accreditation by a regional accrediting
association,
if the Administrator determines, pursuant to regulations which the
Administrator shall prescribe, that such requirements would work an
undue administrative hardship because the total amount of tuition, fees,
and other charges at such institution is nominal.".
Sec. 607. (a) The Veterans' Administration Medical Center in Reno,
Nevada, shall after the date of the enactment of this Act be known and
designated as the " Ioannis A. Lougaris Veterans' Administration Medical
Center". Any reference to such medical center in any law, regulation,
map, document, record, or other paper of the United States shall after
such date be deemed to be a reference to the Ioannis A. Lougaris
Veterans' Administration Medical Center.
(b) The Veterans' Administration Medical Center in Clarksburg, West
virginia, shall after the date of the enactment of this Act be known and
designated as the " Louis A. Johnson Veterans' Administration Medical
Center". Any reference to such medical center in any law, regulation,
map, document, record, or other paper of the United States shall after
such date be deemed to be a reference to the Louis A. Johnson Veterans'
Administration Medical Center.
Sec. 701.(a) The amendments made by titles I, II III // 38 USC 314 //
shall take effect as of October 1, 1981.
(b)(1) Except as otherwise provided in this subsection, the
amendments made by titles IV, V, and VI shall take effect on the date of
the enactment of this Act.
(2) The amendments made by section 401 shall take effect on December
1, 1981.
(3) The amendments made by section 504 shall take effect as of
October 17, 1980.
(4) The amendments made by section 601(b)(1) shall take effect as of
October 1, 1981.
(5) The amendments made by section 602 shall take effect on the date
of the enactment of this Act and shall apply with respect to veterans
admitted to a Veterans' Administration hospital or nursing home on or
after such date.
(6) The amendments made by section 603 shall apply with respect to
veterans dying before, on, or after the date of the enactment of this
Act.
Approved October 17, 1981.
LEGISLATIVE HISTORY-S. 917 (H.R. 3995):
HOUSE REPORT No. 97 - 179 accompanying H.R. 3995 (Comm. on Veterans'
Affairs):
SENATE REPORT No. 97 - 153 (Comm. on Veterans' Affairs).
congressional RECORD, Vol. 127 (1981):
July 24, considered and passed senate.
Sept. 21, H.R. 3995 considered and passed House; proceedings
vacated and s. 917, amended, assed in lieu.
Oct. 1, Senate concurred in House amendment with amendments.
Oct. 2, House concurred in Senate amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 17, No. 43 (1981):
Oct. 17, Presidential statement.
PUBLIC LAW 97-65, 95 STAT, 1021, OVERSEAS PRIVATE INVESTMENT
CORPORATION AMENDMENTS ACT OF 1981.
respect to the activities of the
Overseas Private Investment Corporation.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1. This Act // 22 USC 2151 // may be cited as the " Overseas
Private Investment Corporation Amendments Act of 1981".
Sec. 2. Section 231 of the Foreign Assistance Act of 1961 (22 U.S.
C. 2191) is amended--,
(1) in paragraph (2)--,
1979
United States dollars"; and
States
dollars" and inserting in lieu therof "$2,950 or more
in 1979
United States dollars";
(2) in subsection (i) by inserting immediately before the
semicolon the following: ", and to seek to support those
developmental projects having positive trade benefits for the
United States"; and
(3)(A) in subsection (k) by striking out "and" after "required
by clause (1);";
(B) in subsection (1) by striking out the period at the end
thereof and inserting in lieu thereof "; and"; and
(C) by adding at the end thereof the following new subsection:
"(m) to refuse to insure, reinsure, or finance any investment
subject to performance requirements which would reduce
substantially the positive trade benefits likely to accrue to the
United States from the investment.".
Sec. 3. (a) The first paragraph of section 233(b) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2193(b)) is amended--,
(1) by striking out in the first sentence "eleven" and "six"
and inserting in lieu thereof "fifteen" and "eight", respectively;
(2) by inserting after the second sentence the following: "
The United States Trade Representative shall be the Vice Chairman
of the Board, ex officio, except that the United States Trade
Representative may designate the Deputy United States Trade
Representative to serve as Vice Chairman of the Board in place of
the United States Trade Representative.";
(3) by striking out " Six", "six", and "two" in the fourth,
fifth, and seventh sentences of such section, as amended by
paragraph (2), and inserting in lieu thereof " Eight", "eight",
and "three", respectively;
(4) by striking out the fifth sentence of such section, as
amended by paragraph (2), "one" the first place it appears and
inserting in lieu thereof "two"; and
(5) by striking out in the fourth sentence of such section, as
amended by paragraph (2), "also serve as a Director" and inserting
in lieu thereof "serve as a Director, ex officio".
(b) The second paragraph of such section is amended by inserting
"including an official of the Department of Labor," after " United
States,".
(c) The amendments made by this section // 22 USC 2193 // shaall take
effect on October 1, 1981.
Sec. 4. (a) Section 234 of the Foreign Assistance Act of 1961 (22
U.S.C. 2194) is amended--,
(1) in subsection (a)(1)(C), by striking out "or insurrection"
and inserting in lieu thereof ", insurrection, or civil strife";
(2) in subsection (a)(2), by striking out "total" and
"financing" at the end thereof;
(3) in subsection (a)(3), by striking out "authorized to issue
under this subsection" and inserting in lieu thereof "permitted to
have outstanding under section 235(a)(1)"; and
(4) by adding at the end of subsection (a) the following new
paragraph:
"(4) Before issuing civil strife insurance for the first time, and in
each subsequent instance in which a significant expansion is proposed in
the type of risk to be insured under the definition of civil strife, the
Corporation shall, at least sixty days before such insurance is issued,
submit to the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives a report
with respect to such insurance, including a thorough analysis of the
risks to be covered, anticipated losses, and proposed rates and
reserves.".
(b) Section 234 of such Act is further amended--,
(1) in subsection (b), by striking out in the last proviso
"authorized to issue under this subsection" and inserting in lieu
thereof "permitted to have outstanding under section 235(a)(2)";
(2) in subsection (f)(1), by striking out "(A)" and by striking
out ", and (B)" and all that follows through the end of the
paragraph and inserting in lieu thereof a period; and
(3) in the last paragraph of subsection (f)--,
Corporation"
and all that follows through the end of the sentence
and inserting in lieu thereof a period.
RESERVES
Sec. 5. (a)(1) Section 235(a) of the Foreign Assistance Act of 1961
(22 U.S.C. 2195(a)) is amended in paragraph (2) by striking out ":
Provided" and all that follows through the end of the paragraph and
inserting in lieu thereof a period and the following: " Commitments to
guarantee loans are authorized for any fiscal year only to such extent
or in such amounts as are provided in appropriation Acts.".
(2) Section 235(a) of such Act // 22 USC 2195. //
is further amended--,
(A) By redesignating paragraphs (3) and (4) as paragraphs (4)
and (5), respectively; and
(B) by inserting the following after paragraph (2):
"(3) The Corporation shall not make any commitment to issue any
guaranty which would resutl in a reserve less than 25 per centum of the
maximum contingent liability then outstanding against guaranties issued
or commitments made pursuant to section 234(b) // 22 USC 21949 // or
similar predecessor guaranty authority.".
(b)(1) Section 235(a)(5) of such Act, as redesignated by subsection
(a)(2)(A) of this section, is amended by striking out " September 30,
1981" and inserting in lieu thereof " September 30, 1985".
(2) The authority of the Overseas Private Investment Corporation to
enter into contracts under section 234(a) of the Foreign Assistance Act
of 1961 // 22 USC 2194a. // shall be effective for any fiscal year
beginning after September 30, 1981, only to such extent or in such
amounts as are provided in appropriation Acts.
(c) Section 235(b) of such Act is amended by adding at the end
thereof the following: " The Corporation shall transfer to the Fund in
the fiscal year 1982, and in each fiscal year thereafter--,
"(1) at least 10 per centum of the net income of the
Corporation for the preceding fiscal year, and
"(2) all amounts received by the Corporation during the
preceding fiscal year as repayment of principal and interest on
loans made under section 234(c),
// 22 USC 2194. //
to the extent such amounts have not been expended or obligated
before the effective date of the Overseas Private Investment
Corporation Amendments Act of 1981,
and the Corporation shall use the funds so transferred to make loans
under section 234(c) to the extent that there are eligible projects
which meet the Corporation's criteria for funding: Provided, however,
That loans from the Direct Investment Fund are authorized for any fiscal
year only to the extent or in such amounts as provided in advance in
appropriation Acts.".
GUARANTY
PROGRAM
Sec.6. (a) Section 237(f) of the Foreign Assistance Act of 1961 (22
U.S.C. 2197(f)) is amended by amending the first sentence to read as
follows: " Compensation for insurance, reinsurance, or guaranties
issued under this title shall not exceed the dollar value, as of the
date of the investment, of the investment made in the project with the
approval of the Corporation plus interest, earnings, or profits actually
accrued on such investment to the extent provided by such insurance,
reinsurance, or guaranty, except that the Corporation may provide that
(1) appropriate adjustments in the insured dollar value be made to
reflect the replacement cost of project assets, and (2) compensation for
a claim of loss under insurance of an equity investment may be computed
on the basis of the net book value attributable to such equity
investment on the date of loss.".
(b) such section is further amended by striking out the last
sentence.
Sec. 7. Section 238(a) of the Foreign Assistance Act of 1961 (22 U.
S.C. 2198(a)) is amended by inserting "or commitment" after "includes
any contribution".
Sec. 8. Section 239 of the Foreign Assistance Act of 1961 (22 U.S.
C. 2199) is amended--,
(1) in subsection (d), by inserting after the last semicolon
the following: "to collect or compromise any obligations assigned
to or held by the Corporation, including any legal or equitable
rights accruing to the Corporation;";
(2) in subsection (e)--,
General";
and
of
audits," and inserting in lieu thereof "may conduct";
and
(3) by striking out subsections (f), (j), and (k) and
redesignating subsections (g), (h), (i), and (1) as subsections
(f), (g), (h), and (i), respectively.
Sec. 9. (a) Section 240 A of the Foreign Assistance Act of 1961 (22
U.S.C. 2200a) is amended--,
(1) in subsection (a)--,
inserting
in lieu thereof "239(h)"; and
inserting
in lieu thereof "239(i)"; and
(2) by striking out subsection (b).
(b) The Overseas Private Investment Corporation shall prepare and
submit to the Congress, // 22 USC 2200a // not later than June 30, 1982,
a report on methods for estimating the probability that particular
investments or types of investments will or will not be made if
insurance or other support by the Corporation is not provided. The
report should review methods of taking into consideration the
availability of insurance in the private sector as well as the
self-insurance capabilities of investors. The report shall include
recommendations on how the Corporation can incorporate consideration of
such estimates when deciding which investments to support, particularly
if not all applications of eligible investors can be approved. The
report shall be based on studies conducted by persons who are not
officers or employees of the Corporation as well as on studies conducted
by the Corporation.
Sec. 10. Title IV of chapter 2 of part I of the Foreign Assistance
Act of 1961 is amended by adding at the end thereof the following new
section:
" Sec. 240 B. // 22 USC 2200b. // Return of Appropriated Funds.-The
Corporation shall return to the general fund of the Treasury, in a
manner consistent with the objectives set forth in section 231, // 22
USC 2191. // amounts equal to the total amounts which were appropriated
to the Corporation before January 1, 1975, pursuant to section 235(f).
// 22 USC 2195. // In order to carry out the preceding sentence, the
Corporation shall, in each fiscal year, pay to the Treasury an amount
equal to 25 per centum of the net income of the Corporation for the
preceding fiscal year, after making suitable provisions for transfers to
reserves and capital, until the aggregate amount of such payments equals
the amounts required to be returned to the Treasury by the preceding
sentence.".
Approved October 16, 1981.
LEGISLATIVE HISTORY- H.R. 3136 (H.R. 3566) (S. 1196):
HOUSE REPORT No.97 - 195 (Comm. on Foreign Affairs).
SENATE REPORT No.97 - 83 accompanying S. 1196 (Comm. on Foreign
Relations).
CONGRESSIONAL RECORD, Vol. 127 (1981):
Sept. 21, 22 considered and passed House.
Sept. 23, 24, 30, S. 1196 considered in Senate.
Sept. 25, considered and passed Senate, amended.
Sept. 28, House concurred in Senate amendment with an
amendment.
Sept. 30, Senate concurred in House amendment with an
amendment.
Oct. 2, House concurred in Senate amendment.
PUBLIC LAW 97-64, 95 STAT, 1019
between the States of Kansas
and Missouri establishing their mutual boundary in the
vicinity of the French
Bottoms near Saint Joseph, Missouri, and Elwood,
Kansas.
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 agreement between the States of Kansas and Missouri
establishing their mutual boundary in the vicinity of the Gladden--,
French-Elwood Bottoms near Saint Joseph, Missouri, and Elwood, Kansas,
as the thalweg line of the channel of the Missouri River abandoned by
avulsion in April 1952, which is more particularly described in the
project maps, reports, and documents submitted April 30, 1980, by
Williamson Engineering and Surveying, Saint Joseph, Missouri, consisting
of sheets one to sixteen, inclusive, and filed in the Office of the
Secretary of State for the State of Kansas, and in the Office of the
State Land Surveyor, Division of Research and Technical Information,
Department of Natural Resources, State of Missouri. Such agreement was
approved by the State of Kansas on May 8, 1980, by the State of Missouri
on June 25, 1981, and is substantially as follows:
The true and permanent boundary line between the State of
Missouri and the State of Kansas follows the thalweg line at the
time of the April 1952 avulsion and sudden change of the Missouri
River Channel and is more particularly described as beginning at
the intersection of the present thalweg line of the Missouri River
Channel and the thalweg line of the Missouri River Channel as it
existed prior to the April 1952 avulsion and having Kansas State
coordinate of 540240.22 feet north and 2878720.31 feet east of the
Kansas north zone; thence along the thalweg line as it existed
prior to the April 1952 avulsion the following courses and
distances: north 85 degrees 50 minutes 30 seconds west to an
aluminum monument, 482.0 feet; south 67 degrees 13 minutes 0
seconds west, 814.0 feet to an aluminum monument; south 51
degrees 09 minutes 0 seconds west, 693.0 feet; south 78 degrees
58 minutes 0 seconds west, 601.0 feet to an aluminum monument;
south 59 degrees 11 minutes 0 seconds west, 996.0 feet to an
aluminum monument; south 20 degrees 57 minutes 30 seconds west,
1,725.0 feet; south 51 degrees 36 minutes 0 seconds west, 658.0
feet; south 42 degrees 12 minutes 30 seconds west, 1,596.0 feet;
south 55 degrees 30 minutes 30 seconds west, 597.0 feet; south 60
degrees 26 minutes 30 seconds west, 1,601.0 feet; south 64
degrees 34 minutes 30 seconds west, 1,237.0 feet; south 87
degrees 02 minutes 30 seconds west, 368.0 feet; south 73 degrees
47 minutes 30 seconds west, 602.0 feet; south 85 degrees 54
minutes 0 seconds west, 1,146.0 feet; north 75 degrees 38 minutes
30 seconds west, 565.0 feet; north 68 degrees 54 minutes 30
seconds west, 806.0 feet; north 61 degrees 58 minutes 0 seconds
west, 787.0 feet; north 55 degrees 20 minutes 0 seconds west,
1,793.0 feet; north 48 degrees 13 minutes 0 seconds west, 2,897.0
feet; north 43 degrees 25 minutes 30 seconds west, 902.0 feet;
north 28 degrees 04 minutes 30 seconds west, 1,190.0 feet; north
22 degrees 01 minutes 30 seconds west, 1,101.0 feet; north 10
degrees 19 minutes 30 seconds east, 825.0 feet; north 17 degrees
07 minutes 30 seconds west, 662.0 feet to an aluminum monument;
north 8 degrees 48 minutes 0 seconds east, 556.0 feet; north 4
degrees 33 minutes 30 seconds west, 692.0 feet to an aluminum
monument; north 29 degrees 27 minutes 0 seconds east, 1,200.0
feet; north 44 degrees 15 minutes 0 seconds east, 1,096.0 feet to
an aluminum monument; north 58 degrees 32 minutes 30 seconds
east, 1,112.0 feet; north 74 degrees 17 minutes 0 seconds east,
1,181.0 feet; south 55 degrees 0 minutes 30 seconds east, 855.0
feet; south 89 degrees 49 minutes 30 seconds east, 1,640.0 feet;
south 78 degrees 07 minutes 30 seconds east, 996.0 feet; south 89
degrees 07 minutes 0 seconds east, 650.0 feet to an aluminum
monument; north 70 degrees 10 minutes 30 seconds east, 781.0
feet; south 81 degrees 27 minutes 30 seconds east, 1,042.0 feet
to an aluminum monument; north 69 degrees 36 minutes 0 seconds
east, 1,707.0 feet; north 71 degrees 34 minutes 0 seconds east,
2,498.0 feet to an aluminum monument; north 55 degrees 57 minutes
0 seconds east, 1,098.0 feet to an aluminum monument; north 48
degrees 55 minutes 30 seconds east, 982.0 feet to an aluminum
monument; north 19 degrees 01 minutes 30 seconds east, 491.0 feet
to an aluminum monument; north 51 degrees 47 minutes 0 seconds
east, 503.0 feet; north 34 degrees 27 minutes 0 seconds east,
521.0 feet; north 40 degrees 06 minutes 0 seconds east, 373.0
feet to the point of intersection of the thalweg line of the
current Missouri River Channel and the thalweg line as it existed
prior to the April 1952 avulsion and having Kansas State
coordinate values of 549195.06 feet north and 2876850.19 feet east
of the Kansas north zone, according to a survey executed by
Williamson Engineering and Surveying dated April 30, 1980, and
hereby made a part of the legal description.
Sec. 2. Nothing contained in the agreement described in the first
section of this Act shall be construed as impairing or in any manner
affecting any right or jurisdiction of the United States in and over the
region which forms the subject of the agreement.
Sec. 3. The right to alter, amend, or repeal this Act is expressly
reserved.
Approved October 16, 1981.
LEGISLATIVE HISTORY-H.R. 4048:
HOUSE REPORT No. 97 - 239 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 127 (1981):
Sept. 29, considered and passed House.
Oct. 1, considered and passed Senate.
PUBLIC LAW 97-63, 95 STAT, 1011, NATIONAL TOURISM POLICY ACT
establish a national tourism
policy, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1. This Act // 22 USC 2121 // may be cited as the " National
Tourism Policy Act".
Sec. 2. (a) The International Travel Act of 1961 (herinafter in this
Act referred to as the " Act") is amended by striking out the first
section and inserting in lieu thereof the following: " That this Act //
22 USC 2121 // may be cited as the ' International Travel Act of 1961'.
" Sec. 101. // 22 USC 2121. // (a) The Congress finds that--,
"(1) the tourism and recreation industries are important to the
United States, not only because of the numbers of people they
serve and the vast human, financial, and physical resources they
employ, but because of the great benefits tourism, recreation, and
related activities confer on individuals and on society as a
whole;
"(2) the Federal Government for many years has encouraged
tourism and recreation implicitly in its statutory commitments to
the shorter workyear and to the national passenger transportation
system, and explicitly in a number of legislative enactments to
promote tourism and support development of outdoor recreation,
cultural attractions, and historic and natural heritage resources;
"(3) as incomes and leisure time continue to increase, and as
our economic and political systems develop more complex global
relationships, tourism and recreation will become ever more
important aspects of our daily lives; and
"(4) the existing extensive Federal Government involvement in
tourism, recreation, and other related activities needs to be
better coordinated to effectively respond to the national interest
in tourism and recreation and, where appropriate, to meet the
needs of State and local governments and the private sector.
"(b) There is established a national tourism policy to--,
"(1) optimize the contribution of the tourism and recreation
industries to economic prosperity, full employment, and the
international balance of payments of the United States;
"(2) make the opportunity for and benefits of tourism and
recreation in the United States universally accessible to
residents of the United States and foreign countries and insure
that present and future generations are afforded adequate tourism
and recreation resources;
"(3) contribute to personal growth, health, education, and
intercultural appreciation of the geography, history, and
ethnicity of the United States;
"(4) encourage the free and welcome entry of individuals
traveling to the United States, in order to enhance international
understanding and goodwill, consistent with immigrations laws, the
laws protecting the public health, and laws governing the
importation of goods into the United States;
"(5) eliminate unnecessary trade barriers to the United States
tourism industry operating throughout the world;
"(6) encourage competition in the tourism industry and maximum
consumer choice through the continued viability of the retail
travel agent industry and the independent tour operator industry;
"(7) promote the continued development and availability of
alternative personal payment mechanisms which facilitate national
and international travel;
"(8) promote quality, integrity, and reliability in all tourism
and tourism-related services offered to visitors to the United
States;
"(9) preserve the historical and cultural foundations of the
Nation as a living part of community life and development, and
insure future generations an opportunity to appreciate and enjoy
the rich heritage of the Nation;
"(10) insure the compatibility of tourism and recreation with
other national interests in energy development and conservation,
environmental protection, and the judicious use of natural
resources;
"(11) assist in the collection, analysis, and dissemination of
data which accurately measure the economic and social impact of
tourism to and within the United States, in order to facilitate
planning in the public and private sectors; and
"(12) harmonize, to the maximum extent possible, all Federal
activities in support of tourism and recreation with the needs of
the general public and the States, territories, local governments,
and the tourism and recreation industry, and to give leadership to
all concerned with tourism, recreation, and national heritage
preservation in the United States.".
Sec. 3. (a) The following heading is inserted before section 2 of
the Act:
(b) Section 2 of the Act (22 U.S.C. 2122) is amended by striking out
"purpose of this Act" and inserting in lieu thereof "the national
tourism policy established by section 101(b)".
(c) Section 3(a) of the Act (22 U.S.C. 2123(a)) is amended by
striking out "section 2" and inserting in lieu thereof "section 201", by
striking out "and" at the end of paragraph (6), by striking out the
period at the end of paragraph (7) and inserting in lieu thereof a
semicolon, and by adding after paragraph (7) the following new
paragraphs:
"(8) shall establish facilitation services at major
ports-of-entry of the United States;
"(9) shall consult with foreign governments on travel and
tourism matters and, in accordance with applicable law, represent
United States travel and tourism interests before international
and intergovernmental meetings;
"(10) shall develop and administer a comprehensive program
relating to travel industry information, data service, training
and education, and technical assistance;
"(11) shall develop a program to seek and to receive
information on a continuing basis from the tourism industry,
including consumer and travel trade associations, regarding needs
and interests which should be met by a Federal agency or program
and to direct that information to the appropriate agency or
program;
"(12) shall encourage to the maximum extent feasible travel to
and from the United States on United States carriers;
"(13) shall assure coordination within the Department of
Commerce so that, to the extent practicable, all the resources of
the Department are used to effectively and efficiently carry out
the national tourism policy;
"(14) may only promulgate, issue, rescind, and amend such
interpretive rules, general statements of policy, and rules of
agency organization, procedure, and practice as may be necessary
to cary out this Act; and
"(15) shall develop and submit annually to the Congress, within
six weeks of transmittal to the Congress of the President's
recommended budget for implementing this Act, a detailed marketing
plan to stimulate and encourage travel to the United States during
the fiscal year for which such budget is submitted and include in
the plan the estimated funding and personnel levels required to
implement the plan and alternate means of funding activities under
this Act.".
(d)(1) Paragraph (5) of section 3(a) of the Act // 22 USC 2123. //
is amended (A) by striking out "foreign countries." and inserting in
lieu thereof "foreign countries;", (B) by striking out "this clause;"
and inserting in lieu thereof "this paragraph.", (C) by inserting the
last two sentences before the first sentence of subsection (c), and (D)
by striking out "this clause" in such sentences and inserting in lieu
thereof "paragraph (5) of subsection (a)".
(2) Paragraph (7) of section 3(a) of the Act is amended by striking
out "countries. The Secretary is authorized to" and inserting in lieu
thereof "countries; and the Secretary may" and by striking out "this
clause" and inserting in lieu thereof "this paragraph".
(3) Section 3 of the Act is amended by striking out "clause (5)" each
place it appears and inserting in lieu thereof "paragraph (5)".
(e)(1) Section 2 and 3 of the Act // 22 USC 2122, 2123, 2123a. //
are redesignated as sections 201 and 202, respectively, and section 5 is
inserted after section 202 (as so redesignated) and redesignated as
section 203.
(2) Section 203 of the Act // 22 USC 2123a. // (as so redesignated)
is amended by striking out "semi-annually" and inserting in lieu thereof
"annually".
(f) The following section is inserted after section 203 of the Act
(as so redesignated):
" Sec. 204. (a) The Secretary is authorized to provide, in
accordance with subsection (b) and (c), // 22 USC 2123b. // financial
assistance to a region of not less than two States or portions of two
States to assist in the implementation of a regional tourism promotional
and marketing program. Such assistance shall include--,
"(1) technical assistance for advancing the promotion of travel
to such region by foreign visitors;
"(2) expert consultants; and
"(3) ,arketing and promotional assistance.
"(b) Any program carried out with assistance under subsection (a)
shall serve as a demonstration project for future program development
for regional tourism promotion.
"(c) The Secretary may provide assistance under subsection (a) for a
region if the applicant for the assistance demonstrates to the
satisfaction of the Secretary that--,
"(1) such region has in the past been an area that has
attracted foreign visitors, but such visits have significantly
decreased;
"(2) facilities are being developed or improved to reattract
such foreign visitors;
"(3) a joint venture in such region will increase the travel to
such region by foreign visitors;
"(4) such regional programs will contribute to the economic
well-being of the region;
"(5) such region is developing or has developed a regional
transportation system that will enhance travel to the facilities
and attractions within such region; and
"(6) a correlation exists between increased tourism to such
region and the lowering of the unemployment rate in such region.".
Sec. 4. (a)(1) The first sentence of section 4 of the Act (22 U.S.
C2124) is amended to read as follows: " There is established in the
Department of Commerce a United States Travel and Tourism Administration
which shall be headed by an Under Secretary of Commerce for Travel and
Tourism who shall be appointed by the President, by and with the advice
and consent of the Senate, and who shall report directly to the
Secretary.".
(2) The second sentence of section 4 of the Act is amended by
striking out " Assistant Secretary of Commerce for Tourism" and
inserting in lieu thereof " Under Secretary of Commerce for Travel and
Tourism".
(3) Section 4 of the Act is amended by striking out the last sentence
and inserting in lieu thereof the following: " The Secretary shall
designate an Assistant Secretary of Commerce for Tourism Marketing who
shall be under the supervision of the Under Secretary of Commerce for
Travel and Tourism. The Secretary shall delegate to the Assistant
Secretary responsibility for the development and submission of the
marketing plan required by section 202(a)(15).".
(4) Section 5314 of title 5, United States Code, is amended by
striking out " Under Secretary of Commerce" and inserting in lieu
thereof " Under Secretary of Commerce and Under Secretary of Commerce
for Travel and Tourism".
(b) Secctin 4 of the Act is amended by inserting "(a)" after " Sec.
4.", and by adding at the end the following:
"(b)(1) The Secretary may not reduce the total number of foreign
offices of the United States Travel and Tourism Administration or the
number of employees assigned to the offices of the Adminstration in
foreign countries to a number which is less than the total number of
employees of the United States Travel Service assigned to offices of the
Service in foreign countries in fiscal year 1979.
"(2) In any fiscal year the amount of funds which shall be made
available from appropriations under this Act for obligation for the
activities of the offices of the United States Travel and Tourism
Administration in foreign countries shall not be less than the amount
obligated in fiscal year 1980 for the activities of the offices of the
United States Travel Service in foreign countries.".
(c)(1) The following heading is inserted before section 4 of the Act:
(2) Section 4 of the Act // 22 USC 2124. // is redesignated as
section 301 and the following new sections are inserted after that
section:
" Sec. 302. (a) In order to assure that the national interest in
tourism is fully considered in Federal decisionmaking, there is
established an interagency coordinating council to be known as the
Tourism Policy Council // 22 USC 2124a. // (hereinafter in this section
referred to as the ' Council').
"(b)(1) the Council shall consist of--,
"(A) the Secretary of Commerce who shall serve as Chairman of
the Council;
"(b) the Under Secretary for Travel and Tourism who shall serve
as the Vice Chairman of the Council and who shall act as Chairman
of the Council in the absence of the Chairman;
"(c) the Director of the Office of Management and Budget or the
individual designated by the Director from the Office;
"(d) and individual designated by the Secretary of Commerce
from the International Trade Administration of the Department of
Commerce;
"(e) the Secretary of Energh or the individual designated by
such Secretary from the Department of Energy;
"(f) the Secretary of State or the induvidual designated by
such Secretary from the Department of State;
"(g) the Secretary of the Interior or the individual desgnated
by such Secretary form the Naional Park Service or the Heritage
Conservation and Recreation Service of the Department of the
Interior;
"(h) the Secretary of Labor or the individual designated by
such Secretary for the Depatment of Labor; and
"(i) the Secretary of Transportation or the individual
designated by such Secretary form the Department of
Transportation.
"(2) Members of the Council shall serve without additional
compensation, but shall be reimbursed for actual and necessary expenses,
including travel expenses, incurred by them in carrying out the duties
of the Council.
"(3) Each member of the Council, other than the Vice Chairman, may
designate an alternate, who shall serve as a member of the Council
whenever the regular member is unable to attend a meeting of the Council
or any committee of the Council, The designation by a member of the
Council of an alternate under the preceding sentence shall be made for
the duration of the member's term on the Council. Any such designated
alternate shall be select from individuals who exercise significant
decisionmaking authority in the Federal agency involved and shall be
authorized to make dicisions on behalf of the member for whom he or she
is serving.
"(c)(1) Whenever the Council, or a committee of the Council,
concisers matters that affect the interests of Federal agencies that are
not represented on the Council or the committee, the Chairman may invite
the heads of such agencies, or their alternates, to participate in the
deliberations of the Council or committee.
"(2) The Council shall conduct its first meetin not later than ninity
days after the date of enactment of this section. Thereafter the
Council shall meet not less that four times each year.
"(d)(1) The Councilshall coordinate ploicies, programs, and issues
relating to tourism, recreation, or national heritage resoursec
involving Federal departments, agencies, or other entities. Among other
things the Council shall--,
"(A) coordinate the policies and programs of member agencies
that have a significant effect on tourism, recreation, and
national heritage preservation;
"(b) develop areas of cooperative program activity;
"(c) assist in resolving interagency program and policy
conficts; and
"(d) seek and recieve concerns and views of State and local
governments and Travel and Gourism Advisory Board with respect to
Federal programs and ploicies deemed to conflict with the orderly
growth and development of tourism.
"(2) To enable the Council to carry out its functions--,
"(A) the Council may request directly from any Federal
department or agency such personnel, informatin, services, or
facilities, on a compensated or uncompensated basis, as he
determines necessary to carry out the functions of the Council;
"(B) each Federal department or agency shall furnish the
Council with such information, services, and facilities as it may
request to the extent permitted by law and within the limits of
avaiable funds; and
"(C) Federal agencies and departments may, in their discretion,
detail to temporary duty with the Council, such personnel as the
Council may request for carrying out the functions of the Council,
each such detail to be without loss of seniority, pay, or other
employee status.
"(3) The Administrator of the General Services Administration shall
provide administrative support services for the Council on a
reimbursable basis.
"(e) The Council shall establish such policy committees as it
considers necessary and appropriate, each of which shall be comprised of
any or all of the members of the Council and representatives from
Federal departments, agencies, and instrumentalities not represented on
the Council Each such policy committee shall be designed--,
"(1) to monitor a specific area of Federal Government activity,
such as transportation, energy and natural resources, economic
development, or other such activities related to tourism; and
"(2) to review and evaluate the relation of the policies and
activities of the Federal Government in that specific area to
tourism, recreation, and national heritage conservation in the
United States.
"(f) The Council shall submit an annual report for the preceding
fiscal year to the President for transmittal to Congress on or before
the thirty-first day of December of each year. The report shall
include--,
"(1) a comprehensive and detailed report of the activities and
accomplishments of the Council and its policy committees;
"(2) the results of Council efforts to coordinate the policies
and programs of member agencies that have a significant effect on
tourism, recreation, and national heritage preservation, resolve
interagency conflicts, and develop areas of cooperative program
activity;
"(3) an analysis of problems referred to the Council by State
and local governments, the tourism indusdtry, the Secretary of
Commerce, or any of the Council's policy committees along with
adetailed statement of any actions taken or anticipated to be
taken to resolve such problems; and
"(4) such recommendations as the Council deems appropriate.
" SEC. 303. // 22 USC 2124b. // (a) There is established the Travel
and Tourism Advisory Board (hereinafter in this section referred to as
the ' Board') to be composed of fifteen members appointed by the
Secretary. The members of the Board shall be appointed as follows:
"(1) Not more than eight members of the Board shall be
appointed from the same political party.
"(2) The members of the Board shall be appointed from among
citizens of the United States who are not regular full-time
employees of the United States and shall be slected for
appointment so as to provide as nearly as practicable a broad
representation of different geographical regions within the United
States and of the diverse and varied segments of the tourism
industry.
"(3) Twelve of the members shall be appointed from senior
executive officers of organizations engaged in the travel and
tourism industry. Of such members--,
who
is knowlidgeable of tourism promotion.
"(4) Of the remaining three members of the Board--,
or
national heritage conservation.
The Secretary shall serve as an ex officio member of the Board. The
duration of the Board shall not be subject to the Federal Advisory
Committee Act. // 5 USC app. // A list of the members appointed to the
Board shall be forwarded by the Secretary to the Senate Committee on
Commerce, Science, and Transportation and the House Committee on Energy
and Commerce.
"(b) The members of the Board shall be appointed for a term of office
of three years, except that of the members first appointed--,
"(1) four members shall be appointed for terms of one year, and
"(2) four members shall be appointed for terms of two years,
as designated by the Secretary at the time of appointment. Any member
appointed to fill a vacancy occurring before the expiration of the term
for which the member's predecessor was appointed shall be appointed only
for the remainder of such term. A member may serve after the expiration
of his term until his successor has taken office. Vacancies on the Board
shall be filled in the same manner in which the original appointments
were made. No member of the Board shall be eligible to serve in excess
of two consecutive terms of three years each.
"(c) The Chairman and Vice Cahairman and other appropriate officers
of the Board shall be elected by and from members of the Board other
than the Secretary.
"(d) The memers of the Board shall receive no compensation for their
services as such, but shall be allowed such necessary travel expenses
and per diem as are authorized by section 5703 of title 5, United States
Code. The Secretary whall pay the reasonable and necessary expenses
incurred ty the Board in connection with the coordination of Board
activities, announcement and reporting of meetings, and preparation of
such reports as are required by subsection (f).
"(e) The Board shall meet at least semi-annually and shall hold such
other meetings at the call of the Chairman, the Vice Chairman, or a
majority of its members.
"(f) The Board shall advise the Secretary with respect to the
implementation of this Act and shall advise the Assistant Secretary for
Tourism Marketing with respect to the preparation of the marketing plan
under section 202(a)(15). The Board shall prepare an annual report
concerning its activities and include therein such recommendations as it
deems appropriate with respect to the performance of the Secretary under
this Act and the operation and effectiveness of programs under this Act.
Each annual report shall cover a fiscal year and shall be submitted on
or before the thirty-first day of December following the close of the
fiscal year.".
SEC. 5. (a) Section 6 of the Act (22 U.S.C. 2126) is redesignated as
section 304 and the first sentence is amended to read as follows: " For
the purpose of carrying out this Act there is authorized to be
appropriated an amount not to exceed $8,600,000 for the fiscal year
ending September 30, 1982.".
(b) Section 7 of the Act (22 U.S.C. 2127) is resesignated as section
305 and sections 8 and 9 of the Act (22 U.S.C. 2128) // USC 2121 // are
repealed.
SEC. 6. The amendments made by this Act // 22 USC 2121 // shall take
effect October 1, 1981.
Approved October 16, 1981.
LEGISLATIVE HISTORY- S 304 (H.R. 1311):
HOUSE REPORTS: No. 97 - 107, Pt. I, accompaning H.R. 1311 (Comm. on
Energy and Commerce) and No. 97 - 252 (Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 127 (1981):
Jan. 27, considered ans passed Senate.
July 28, H.R. 1311 considered and passed House; proceedings
vacated and S. 304, amended, passed in lieu.
Sept. 29, Senate agreed to coference report.
Sept. 29, Oct. 1, House considered and agreed to conference
report.
PUBLIC LAW 97-62, 95 STAT, 1010
respect to the national
marketing quota for wheat for the marketing year
beginning June 1, 1982.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the last sentence
of section 336 of the Agricultural Adjustment Act of 1938 (7 U.S.C.
1336) is amended by striking out " October 15, 1981" and inserting in
lieu thereof " November 15, 1981".
Approved October 14, 1981.
LEGISLATIVE HISTORY-S. 1712:
CONGRESSIONAL RECORD, Vol. 127 (1981):
Oct. 7, considered and passed Senate and House.
PUBLIC LAW 97-61, 95 STAT, 1009
proclamation designating
October 16, 1981, as " World Food Day".
Whereas hunger and chronic malnutrition remain daily facts of life
for hundreds of millions of people throughout the world;
Whereas children are the ones suffering the most serious effects of
hunger and malnutrition, with millions of children dying each year from
hunger-related illness and disease, and many others suffering permanent
physical or mental impairment, including blindness, because of vitamin
and protein deficiencies;
Whereas although progress has been made in reducing the incidence of
hunger and malnutrition in the United States, certain groups, notably
among native Americans, migrant workers, and the elderly remain
vulnerable to malnutrition and related diseases;
Whereas the United States, as the world's largest producer and trader
of food, has a key role to play in efforts to assist nations and peoples
to improve their ability to feed themselves;
Whereas a major global food supply crisis appears likely to occur
within the next twenty years unless the level of world food production
is significantly increased, and the means for the distribution of food
and of the resources required for its production are improved;
Whereas the world hunger problem is critical to the security of the
United States and the international community;
Whereas a key recommendation of the Presidential Commission on World
Hunger was that efforts be undertaken to increase public awareness of
the world hunger problem; and
Whereas the one hundred and forty-seven member nations of the Food
and Agriculture Organization of the United Nations designated October
16,1981, as " World Food Day" because of the need to alert the public to
the increasingly dangerous world food situation: 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 October 16,
1981, as " World Food Day", and calling upon the people of the United
States to observe such day with appropriate activities.
Approved October 14, 1981.
LEGISLATIVE HISTORY- S.J. Res. 98:
CONGRESSIONAL RECORD, Vol. 127 (1981):
July 31, considered and passed Senate.
Sept. 30, considered and passed House.
PUBLIC LAW 97-60, 95 STAT, 989, UNIFORMED SERVICES PAY ACT OF 1981
uniformed services, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act // 37 USC
101 // may be cited as the " Uniformed Services Pay Act of 1981".
Sec. 101. (a) The adjustment required by section 1009 of title 37,
United States Code, // 37 USC 1009 // in certain elements of the
compensation of members of the uniformed services to become effective on
October 1, 1981, shall not be made, and no adjustment of the
compensation of any member of a uniformed service shall be made pursuant
to such section for the period beginning on October 1, 1981, and ending
on the date of the enactment of this Act. Effective as of October 1,
1981, the rates for each element of compensation specified in section
1009(a) of such title are as provided in subsection (b).
(b)(1) The rates of monthly basic pay for members of the uniformed
services entitled to basic pay under section 204 of title 37, United
States Code, based on years of service computed under section 205 of
such title, // 37 USC 205. // are as follows:
TABLES OMITTED
(2) The rates of basic allowance for subsistence for members of the
uniformed services entitled to such allowance under section 402 of title
37, United States Code, are as follows:
TABLE OMITTED
(3) The rates of basic allowance for quarters for members of the
uniformed services entitled to such allowance under section 403 of title
37, United States Code, are as follows:
TABLE OMITTED
(c) In this section, the term "uniformed services" has the meaning
given to that term by section 101(3) of title 37, United States Code.
Sec. 102. (a) Section 203(c)(1) of title 37, United States Code, is
amended by striking out "$313.20" and inserting in lieu thereof
"461.40".
(b) The amendment made by subsection (a) // 37 USC 203 // shall take
effect as of October 1, 1981.
Sec. 111. (a) Subsection (a) of section 301 of title 37, United
States Code, // 94 Stat. 3360. // is amended--,
(1) by striking out "or" at the end of clause (9); and
(2) by striking out clause (10) and inserting in lieu thereof
the following:
"(10) involving frequent and regular participation in flight
operations on the flight deck of an aircraft carrier or of a ship
other than an aircraft carrier from which aircraft are launched;
"(11) involving frequent and regular exposure to highly toxic
pesticides or involving laboratory work that utilizes live
dangerous viruses or bacteria;
"(12) involving the servicing of aircraft or missiles with
highly toxic fuels or propellants; or
"(13) involving frequent and regular participation in aerial
flight by an officer (other than a warrant officer) who is serving
as an air weapons controller crew member (as defined by the
Secretary concerned) aboard an airborne warning and control system
aircraft (as designated by such Secretary) and who is not entitled
to incentive pay under section 301a of this title.".
// 37 USC 301a. //
(b) The table contained in subsection (b) of such section is amended
to read as follows:
TABLE OMITTED
(c) Subsection (c) of such section is amended--,
(1) by inserting "(1)" before " For the performance";
(2) by striking out "or (10)," and inserting in lieu thereof
"(10), (11), or (12),";
(3) by striking out "$55" and inserting in lieu thereof "$83";
and
(4) by adding at the end thereof the following new paragraph:
"(2)(A) For the performance of hazardous duty described in clause
(13) of subsection (a) of this section, an officer is entitled to
monthly incentive pay based upon his years of service as an air weapons
controller as follows:
TABLE OMITTED.
"(B) For purposes of this paragraph, the years of service of an
officer as an air weapons controller shall be computed, under
regulations prescribed by the Secretary concerned, from the date the
officer begins training leading to a designation as an air weapons
controller, but there shall be excluded from such computation any period
of more than 90 days during which the officer performs primary duties
other than as an air weapons controller.".
(d) The amendments made by this section // 37 USC 301 // shall take
effect as of October 1, 1981.
Sec. 112. (a) Section 301a(a)(4) of title 37, United States Code, is
amended by adding at the end thereof the following new sentence: "
Entitlement to continuous monthly incentive pay ceases for an officer
(other than a warrant officer) upon completion of 25 years of service as
an officer (as computed under section 205 of this title), but such an
officer in a pay grade below pay grade O-7 remains entitled to monthly
incentive pay under subsection (b)(1) of this section for the
performance of operational flying duty.".
(b)(1) The tables in clause (1) of section 301a(b) of such title //
37 USC 301a. // are amended to read as follows:
TABLES OMITTED
(2) The table in clause (2) of section 301a(b) of such title // 37
USC 301a. // is amended to read as follows:
TABLE OMITTED.
(c) The amendments made by this section // 37 USC 301a // shall take
effect as of October 1, 1981.
Sec. 113. Section 301b of title 37, United States Code, // 94 Stat.
1095. // is amended by adding at the end thereof the following new
subsections:
"(e)(1) An officer who receives special pay for any period under an
agreement under this section is not entitled to aviation career
incentive pay under section 301a of this title during such period at a
rate that exceeds the rate for such pay in effect on September 30, 1981.
"(2) During the period beginning on the date of the enactment of the
Uniformed Services Pay Act of 1981 and ending on September 30, 1982,
only agreements executed by officers of the Navy or Marine Corps may be
accepted under this section.
"(f) Special pay may not be paid under this section for an agreement
that applies to a period of active duty that begins after September 30,
1982.".
INCENTIVE
PAY
Sec. 114. Paragraphs (3) and (4) of section 301c(a) of title 37,
United States Code, // 94 Stat. 3360. // are amended by inserting", but
excluding, in the case of an officer, periods as an enlisted member
before initial appointment as an officer" after "title" each place it
appears.
Sec. 115. Section 304 of title 37, United States Code, is amended to
read as follows:
" Sections 304. Special pay: diving duty
"(a) Under regulations prescribed by the Secretary concerned, a
member of a uniformed service who is entitled to basic pay is entitled
to special pay, in the amount set forth in subsection (b) of this
section, for periods during which the member--,
"(1) is assigned by orders to the duty of diving;
"(2) is required to maintain proficiency as a diver by frequent
and regular dives; and
"(3) actually performs diving duty.
"(b) Special pay payable under subsection (a) of this section shall
be paid at a rate of not more than $200 a month, in the case of an
officer, and at a rate of not more than $300 a month, in the case of an
enlisted member.
"(c) A member may be paid special pay under this section and
incentive pay under section 301 of this title for the same period of
service only if the member is assigned by orders to a hazardous duty
described in section 301(a) of this title in addition to diving duty.
However, if a member is paid special pay under this section, the member
is not entitled to more than one payment of incentive pay under section
301 of this title.
"(d) In time of war, the President may suspend the payment of diving
duty pay.".
Sec. 116. Section 305a(d)(1) of title 37, United States Code, // 94
Stat. 3365. // is amended by inserting "or while serving as a member of
the off crew of a two-crewed submarine" after "underway".
Sec. 117. (a) Section 308(e) of title 37, United States Code, is
amended to read as follows:
"(e) For the purposes of determining the eligibility of a member for
a bonus under this section and of computing the amount of that bonus--,
"(1) any period of enlistment (including any extension of an
enlistment) (A) that is incurred by the member for the purpose of
continuing to qualify for continuous submarine duty incentive pay
under section 301c of this title, and (B) for which no bonus is
otherwise payable; or
"(2) any unserved period of two years or less of an extension
of an enlistment for which no bonus has been paid or for which no
bonus is otherwise payable under this section,
may, under regulations prescribed by the Secretary concerned, be
considered as part of an immediately subsequent term of reenlistment (or
as part of an immediately subsequent voluntary extension of an
enlistment).".
(b) Section 308a(a) of such title // 94 Stat. 1092. 37 USC 308a. //
is amended--,
(1) by striking out "$5,000" and inserting in lieu thereof
"$8,000"; and
(2) by striking out the second sentence and inserting in lieu
thereof the following: " The bonus shall be paid in periodic
installments, as determined by the appropriate Secretary, except
that the first installment may not exceed $5,000 and the remainder
shall be paid in equal periodic installments which may not be paid
less frequently than once every 3 months.".
(c)(1) Chapter 5 of such title is amended by inserting after section
308e the following new section:
" Sections 308f. // 37 USC 308f. // Special pay: bonus for
enlistment in the Army
"(a) Under regulations prescribed by the Secretary of the Army, a
person--,
"(1) who is a high school graduate (or has received a high
school education equivalency certificate);
"(2) whose score on the Armed Forces Qualification Test is at
or above the fiftieth percentile; and
"(3) who enlists in the Army for a period of at least 3 years
in a skill designated as critical,
may be paid a bonus in an amount prescribed by the Secretary of the Army
not to exceed $4,000. The bonus may be paid in a lump sum or in equal
periodic installments, as determined by the Secretary of the Army.
"(b)(1) Under regulations prescribed by the Secretary of the Army, a
person who voluntarily, or because of his misconduct, does not complete
the term of enlistment for which a bonus was paid to him under this
section, or a person who is not technically qualified in the skill for
which a bonus was paid to him under this section (other than a person
who is not qualified because of injury, illness, or other impairment not
the result of his own misconduct), shall refund to the United States
that percentage of the bonus that the unexpired part of his enlistment
is of the total enlistment period for which the bonus was paid.
"(2) An obligation to reimburse the United States imposed under
paragraph (1) of this subsection is for all purposes a debt owed to the
United States.
"(3) A discharge in bankruptcy under title 11 that is entered less
than 5 years after the termination of an agreement under this section //
11 USC 101. // does not discharge the member signing such agreement
from a debt arising under such agreement or under paragraph (1) of this
subsection. This paragraph applies to any case commenced under title 11
after September 30, 1981.
"(c) No bonus may be paid under this section with respect to an
enlistment in the Army after September 30, 1983.".
(2) The table of sections at the beginning of such chapter is amended
by inserting after the item relating to section 308e the following new
item:
"308f. Special pay: bonus for enlistment in the Army.".
(d) The amendments made by this section // 37 USC 308 // shall apply
to enlistments and reenlistments after the date of the enactment of this
Act.
OFFICERS
Sec. 118. Notwithstanding subsections (a) and (b) of section 312 of
title 37, United States Code, // 37 USC 312 // and under regulations
prescribed by the Secretary of the Navy, the Secretary of the Navy may
permit an officer of the naval service who is performing obligated
service as the result of an active-service agreement executed under such
section before January 1, 1981, to cancel that active-service agreement
effective on the day before an anniversary of the day on which that
agreement was executed and execute a new active-service agreement under
such section for one period of four years. Any such cancellation of an
existing agreement and execution of a new agreement may be effective on
the day before an anniversary date occurring on or after January 1,
1981.
Sec. 119. Section 312b(a)(1) of title 37, United States Code, // 94
Stat. 3359. // is amended by striking out "submarine".
DESIGNATED AS
CRITICAL
Sec. 120. (a) Chapter 5 of title 37, United States Code, is amended
by adding at the end thereof the following new section:
" Sections 315. // 37 USC 315. // Special pay: engineering and
scientific career continuation pay
"(a) In this section, the term 'engineering or scientific duty' means
service performed by an officer that requires an engineering or science
degree and that requires a skill designated under regulations prescribed
by the Secretary of Defense as critical and as a skill in which there is
a critical shortage of officers in the armed force concerned.
"(b) Under regulations prescribed by the Secretary of Defense, an
officer of an armed force who--,
"(1) is entitled to basic pay;
"(2) is below the pay grade of 0-7;
"(3) holds a degree in engineering or science from an
accredited college or university;
"(4) has been certified by the Secretary concerned as having
the technical qualifications for detail to engineering or
scientific duty;
"(5) has completed at least three but less than nineteen years
of engineering or scientific duty as an officer; and
"(6) executes a written agreement to remain on active duty for
detail to engineering or scientific duty for at least one year,
but not more than four years;
may, upon acceptance of the written agreement by the Secretary
concerned, be paid, in addition to all other compensation to which the
officer is entitled, an amount not to exceed $3,000 multiplied by the
number of years, or monthly fraction thereof, of obligated service to
which the officer agrees under the agreement. The total amount payable
may be paid in a lump sum or in equal periodic installments, as
determined by the Secretary concerned.
"(c)(1) An officer who does not serve on active duty for the entire
period for which he has been paid under subsection (b) of this section
shall refund that percentage of the payment that the unserved part of
the period is of the total period for which the payment was made.
Nothing in this subsection shall alter or modify the obligation of a
regular officer to perform active service at the pleasure of the
President. Completion by a regular officer of the total period of
obligated service specified in an agreement under subsection (b) of this
section does not obligate the President to accept a resignation
submitted by that officer.
"(2) Subject to paragraph (3) of this subsection, an obligation to
reimburse the United States imposed under paragraph (1) of this
subsection is for all purposes a debt owed to the United States.
"(3) The Secretary concerned may waive, in whole or in part, a refund
required under paragraph (1) of this subsection if the Secretary
concerned determines that recovery would be against equity and good
conscience or would be contrary to the best interests of the United
States.
"(4) A discharge in bankruptcy under title 11 that is entered less
than five years after the termination of an agreement under this section
// 11 USC 101. // does not discharge the member signing such agreement
from a debt arising under such agreement or under paragraph (1) of this
subsection. This paragraph applies to any case commenced under title 11
after September 30, 1981.".
(b) The table of sections at the beginning of such chapter is amended
by adding at the end thereof the following new item:
"315. Special pay: engineering and scientific career continuation
pay.".
Sec. 121. (a)(1) Subsection (a) of section 404 of title 37, United
States Code, is amended by striking out " Under regulations" and
inserting in lieu thereof " Except as provided in subsection (f) of this
section and under regulations".
(2) Subsection (b) of such section is amended--,
(A) by inserting "(1)" after "(b)";
(B) by redesignating clauses (1) and (2) as clauses (A) and
(B), respectively; and
(C) by adding at the end thereof the following new paragraph:
"(2) In prescribing such conditions and allowances, the Secretaries
concerned shall provide that a member who is performing travel under
orders away from his designated post of duty and who is authorized a per
diem under clause (2) of subsection (d) of this section shall be paid
for the meals portion of that per diem in a cash amount at a rate that
is not less than the rate established under section 1011(a) of this
title for meals sold to members. The preceding sentence shall not apply
with respect to a member on field duty or sea duty (as defined in
regulations prescribed under section 402(e) of this title) or a member
of a unit with respect to which the Secretary concerned has determined
that unit messing is essential to the accomplishment of the unit's
training and readiness.".
(3) Subsection (c) of such section is amended--,
(A) by inserting "(1)" after "(c)";
(B) by redesignating clauses (1) and (2) as clauses (A) and
(B), respectively;
(C) by inserting "and as provided in paragraph (2) of this
subsection" after " Secretaries concerned" the first place it
appears; and
(D) by adding at the end thereof the following new paragraph:
"(2) A member authorized under paragraph (1) of this subsection to
select a home for the purposes of such allowances may select as his
home--,
"(A) any place within the United States;
"(B) the place outside the United States from which the member
was called or ordered to active duty to his first duty station;
or
"(C) any other place.
However, if the member selects as his home a place other than a place
described in clause (A) or (B) of the preceding sentence, the travel and
transportation allowances authorized by subsection (a) of this section
may not exceed the allowances which would be payable if the place
selected as his home were in the United States (other than Hawaii or
Alaska).".
(4) Subsection (f) of such section is amended to read as follows:
"(f)(1) The travel and transportation allowances authorized under
this section for a member who is separated from the service or released
from active duty may be paid or provided only for travel actually
performed.
"(2)(A) Except as provided in subparagraph (B) of this paragraph, a
member who is separated from the service or released from active duty
and who--,
"(i) on the date of his separation from the service or release
from active duty, has not served on active duty for a period of
time equal to at least 90 percent of the period of time for which
he initially enlisted or otherwise initially agreed to serve; or
"(ii) is separated from the service or released from active
duty under other than honorable conditions, as determined by the
Secretary concerned;
may be provided travel and transportation under this section only by
transportation in kind by the least expensive mode of transportation
available or by a monetary allowance that does not exceed the cost to
the Government of such transportation in kind.
"(B) Subparagraph (A) of this paragraph does not apply to a member--,
"(i) who is retired, or is placed on the temporary disability
retired list, under chapter 61 of title 10;
// 10 USC 1201 //
"(ii) who is separated from the service or released from active
duty for a medical condition affecting the member, as determined
by the Secretary concerned;
"(iii) who is separated from the service or released from
active duty because the period of time for which the member
initially enlisted or otherwise initially agreed to serve has been
reduced by the Secretary concerned and is separated or released
under honorable conditions; or
"(iv) who is discharged under section 1173 of title 10.".
(b)(1) Subsection (a) of section 406 of such title // 37 USC 406. //
is amended--,
(A) by inserting "(1)" after "(a)";
(B) by inserting "paragraph (2) of this subsection and" before
"subsection (i) of this section"; and
(C) by adding at the end thereof the following new paragraphs:
"(2)(A) Except as provided in subparagraph (B) of this paragraph, a
member who is separated from the service or released from active duty
and who--,
"(i) on the date of his separation from the service or release
from active duty, has not served on active duty for a period of
time equal to at least 90 percent of the period of time for which
he initially enlisted or otherwise initially agreed to serve; or
"(ii) is separated from the service or released from active
duty under other than honorable conditions, as determined by the
Secretary concerned;
may be provided transportation under this subsection for his dependents
only by transportation in kind by the least expensive mode of
transportation available or by a monetary allowance that does not exceed
the cost to the Government of such transportation in kind.
"(B) Subparagraph (A) of this paragraph does not apply to a member--,
"(i) who is retired, or is placed on the temporary disability
retired list, under chapter 61 of title 10;
"(ii) who is separated from the service or released from active
duty for a medical condition affecting the member, as determined
by the Secretary concerned;
"(iii) who is separated from the service or released from
active duty because the period of time for which the member
initially enlisted or otherwise initially agreed to serve has been
reduced by the Secretary concerned and is separated or released
under honorable conditions; or
"(iv) who is discharged under section 1173 of title 10.
"(3) The allowances authorized under this subsection may be paid in
advance.".
(2) Subsection (b) of such section is amended--,
(A) by inserting "(1)" after "(b)";
(B) by striking out " In" and inserting in lieu thereof "
Except as provided in paragraph (2) of this subsection, in";
(C) by adding at the end of paragraph (1), as designated by
clause (A) the following new sentences: " Temporary storage in
excess of 180 days may be authorized. Subject to regulations
prescribed by the Secretaries concerned, in the case of a change
of permanent station in which the Secretary concerned has
authorized transportation under section 2634 of title 10
// 10 USC 2634. //
of a motor vehicle that is owned by the member (or a dependent of
the member) and is for the personal use of the member or his
dependents, the member is entitled to a monetary allowance for
transportation of that motor vehicle to the point at which
transportation authorized under section 2634 of title 10 commences
and from the point at which transportation authorized under that
section terminates. Such monetary allowance shall be established
under section 404(d)(1) of this title."
// 37 USC 404. //
; and
(D) by adding at the end thereof the following new paragraph:
"(2) The transportation and allowances authorized under paragraph (1)
of this subsection may be paid or provided to a member upon his
separation from the service or release from active duty only if the
members applies for the transportation and allowances not later than 180
days after the date of his separation or release from active duty. If a
member to whom this paragraph applies has been authorized nontemporary
storage under subsection (d) of this section, the 180-day period shall
not begin until such authorization for nontemporary storage expires.
This paragraph does not apply to a member to whom subsection (g)(1) of
this section applies.".
(3) Subsection (g) of such section is amended--,
(A) by inserting "(1)" after "(g)";
(B) by redesignating clauses (1) and (2) as clauses (A) and
(B), respectively; and
(C) by striking out all after the second sentence and inserting
in lieu thereof the following new paragraphs:
"(2) If baggage and household effects of a member are shipped to a
place selected by a member as his home under section 404(c) of this
title that is not a place described in clause (A) or (B) of section
404(c)(2) of this title or to a location other than the home selected by
the member, or if transportation is provided for a member's dependents
to a place selected by the member as his home under section 404(c) of
this title that is not a place described in clause (A) or (B) of section
404(c)(2) of this title, and the costs of that shipment or
transportation are in excess of those that would have been incurred if
the shipment had been made or the transportation had been provided to a
location in the United States (other than Alaska or Hawaii), the member
shall pay the excess cost.
"(3) If a member authorized to select a home under section 404(c) of
this title accrues that right or any entitlement under this subsection
but dies before he exercises by his surviving dependents or, if there
are no surviving dependents, his baggage and household effects may be
shipped to the home of the person legally entitled to such baggage and
effects. However, if baggage and household effects are shipped under
circumstances described in paragraph (2) of this subsection in which the
member would have been required to pay the excess costs of that
shipment, the surviving dependents or the person legally entitled to the
baggage and household effects, as the case may be, shall pay that excess
cost.".
(4) Subsection (h) of such section is amended by striking out "owned
by the member and for his or his dependents' personal use" in clause (2)
and inserting in lieu thereof "that is owned by the member (or a
dependent of the member) and is for the personal use of the member or
his dependents".
(c) Section 405a(b) of such title // 37 USC 405a. // is amended by
striking out "owned by him and for his personal use, or the use of the
dependents," and inserting in lieu thereof "that is owned by the member
(or a dependent of the member) and is for the personal use of the member
or his dependents".
(d)(1) Except as provided in paragraphs (2), (3), (4), and (5), the
amendments made by this section // 37 USC 404 // shall take effect on
November 1, 1981,and shall apply to members who are separated from the
service or released from active duty on or after November 1, 1981.
(2) Paragraph (2) of section 404(b) of title 37, United States Code,
as added by subsection (a)(2)(C), shall apply to travel performed after
October 31, 1981.
(3) Paragraph (3) of section 406(a) of title 37, United States Code,
as added by subsection (b)(1)(C), shall take effect on the date of the
enactment of this Act.
(4) The amendments made by subsections (a)(3) and (b)(3) shall take
effect on November 1, 1981, and shall apply to members who are retired,
placed on the temporary disability retired list, discharged, or
involuntarily released on or after November 1, 1981, except that such
amendments shall not apply to any member who before November 1, 1981,
had completed eighteen years of active service.
(5) The amendment made by subsection (b)(2)(C) shall take effect on
the date of the enactment of this Act.
Sec. 122. (a)(1) Chapter 7 of title 37, United States Code, is
amended by inserting after section 404 the following new section:
Section 404a. // 37 USC 404a. // Travel and transportation
allowances: temporary lodging expenses
"(a) Under regulations prescribed by the Secretaries concerned, a
member of a uniformed service who is ordered to make a change of
permanent station--,
"(1) from any duty station to a duty station in the United
States (other than Hawaii or Alaska); or
"(2) from a duty station in the United States (other than
Hawaii or Alaska) to duty station outside the United States in
Hawaii or Alaska;
may be paid or reimbursed for subsistence expenses actually incurred by
the member and the member's dependents while occupying temporary
quarters incident to that change of permanent station. In the case of a
change of permanent station described in clause (1) of this subsection,
the period for which such expenses may be paid or reimbursed may not
exceed four days. In the case of a change of permanent station
described in clause (2) of this subsection, the period for which such
expenses may be paid or reimbursed may not exceed two days and such
payment or reimbursement may be provided only for expenses incurred
before leaving the United States (other than Hawaii or Alaska).
"(b) Regulations prescribed under subsection (a) of this section
shall prescribe average daily subsistence rates for purposes of this
section for the member and for each dependent. Such rates may not exceed
the maximum per diem rates prescribed under section 404(d) of this title
// 37 USC 404. // for the area where the temporary quarters are
located.
"(c) A member may not be paid or reimbursed more than $110 a day
under this section.".
(2) The table of sections at the beginning of such chapter is amended
by inserting after the item relating to section 404 the following new
item:
"404a. Travel and transportation allowances: temporary lodging
expenses.".
(b) Section 411(a) of such title // 37 USC 411. // is amended by
inserting "404a," after "(d)-(f),".
(c) The amendments made by this section // 37 USC 404a. // shall
take effect on April 1, 1982.
Sec. 123. Section 405a(a) of title 37, United States Code, is
amended by inserting after the second sentence the following new
sentence: " Such allowances may be paid in advance.".
Sec. 124. Section 407(a) of title 37, United States Code, is amended
by adding at the end thereof the following new sentence: " An allowance
payable under this section may be paid in advance.".
CONSECUTIVE
ASSIGNMENTS OVERSEAS
Sec. 125. Section 411(a) of title 37, United States Code, is
amended--,
(1) by inserting "(1)" after "(a)";
(2) by inserting "who is ordered to a consecutive tour of duty
at the same duty station or" after " District of Columbia" the
first place it appears; and
(3) by adding at the end thereof the following new paragraph:
"(2) If, because of military necessity, a member authorized travel
and transportation allowances under this subsection is denied leave
between the two tours of duty outside the forty-eight contiguous States
and the District of Columbia, the member shall be authorized to use such
travel and transportation allowances from his current duty station at
the first time the member is granted leave.".
Sec. 126. (a) Chapter 7 of title 37, United States Code, is amended
by inserting after section 411b the following new sections:
" Section 411c. // 37 USC 411c. // Travel and transportation
allowances: travel performed in connection with leave from certain
station in foreign countries
"(a) Under uniform regulations prescribed by the Secretaries
concerned, a member of a uniformed service who is serving at a duty
station outside the United States in an area specifically designated for
the purposes of this of section by the Secretary concerned may be paid
for or provided transportation for himself and his dependents authorized
to reside at his duty station--,
"(1) to another location outside the United States having
different social, climatic, or environmental conditions that those
at the duty station at which the member is serving; or
"(2) to a location in the United States.
"(b) The transportation authorized by this section is limited to
transportation of the member, and of each dependent of the member, for
one roundtrip during any tour of at least 24, but less than 36,
consecutive months or two roundtrips during any tour of at least 36
consecutive months.
" Section 411d. // 37 USC. 411d. // Travel and transportation
allowances: transportation incident to certain emergencies for members
stationed abroad
"(a) Under uniform regulations prescribed by the Secretaries
concerned, transportation for a member of a uniformed service stationed
outside the United States (other than Hawaii and Alaska) and for
dependents of the member authorized to reside at the member's duty
station may be provided from the area of the member's duty station to
the United Sates, Puerto Rico, or the possessions of the United States
incident to emergency leave granted for reasons of a personal emergency
(or, in the case of transportation provided only for a dependent, under
circumstances involving a personal emergency similar to the
circumstances for which emergency leave could be granted a member).
"(b) Transportation under this section may be authorized only upon a
determination that, considering the nature of the personal emergency
involved, Government transportation is not reasonably available. The
cost of transportation authorized under this section may not exceed the
cost of Government-procured commercial air travel from the international
airport nearest the location of the member and dependents at the time
notification of the personal emergency is received or the international
airport nearest the member's duty station--,
"(1) to the international airport within the United States
(other than Hawaii and Alaska) closest to the airport from which
the member or dependents departed; or
"(2) to an airport in Alaska, Hawaii, Puerto Rico, or the
possessions of the United States, as determined by the Secretary
concerned,
and return to either the international airport from which the member or
dependents departed or the international airport nearest the member's
duty station.
" Section 411e. // 37 USC 411e. // Travel and transportation
allowances: transportation incident to certain emergencies for members
performing temporary duty
"(a) Under uniform regulations prescribed by the Secretaris
concerned, a member of a uniformed service who is performing temporary
duty away from his permanent duty station (or who is assigned to a ship
or unit operating away from its home port) may be provided the travel
and transportation authorized by section 404 of this title for travel
performed by the member from his place of temporary duty (or from his
ship or unit) to his permanent duty station (or the home port of the
ship or unit) or to any other location, and return (if applicable), if
such travel has been approved incident to the serious illness or injury
or the death of a dependent of the member.
"(b) Transportation under this section may be authorized only upon a
determination that Government transportation is not reasonably
available, considering the nature of the personal emergency involved.
The cost of transportation authorized under this section may not exceed
the cost of Government-procured commercial air travel from the member's
place of temporary duty (or from his ship or unit) to the member's
permanent duty station (or the home port of the ship or unit), and
return (if applicable).".
(b) The table of sections at the beginning of such chapte is amended
by inserting after the item relating to section 411b the following new
items:
"411c. Travel and transportation allowances: travel performed in
connection with leave from certain stations in foreign countries.
"411d. Travel and transportation allowances: transportation
incident to certain emergencies for members stationed abroad.
"411e. Travel and transportation allowances: transportation
incident to certain emergencies for members performing temporary duty.".
THE
ARMED FORCES HEALTH PROFESSIONS SCHOLARSHIP
PROGRAM
Sec. 131. (a) Section 415(a) of title 37, United States Code, 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) upon reporting for the first period of active duty
required by section 2121(c) of title 10 as a member of the Armed
Forces Health Professions Scholarship program.".
(b) Sectin 1006 of such title // 37 USC 1006. // is amended by
adding at the end thereof the following new subsection:
"(i) Under regulations prescribed by the Secretary concerned, not
more than one month's pay may be paid in advance to a member of the
Armed Forces Health Professions Scholarship program upon reporting for a
period of active duty required by section 2121(c) of title 10.".
SCHOLARSHIPS
Sec. 201. Section 2107(h) of title 10, United States Code, is
amended by striking out "6,000" and "6,500"and inserting in lieu thereof
"8,000" and "9,500", respectively.
MOTOR
VEHICLES
Sec. 202. Section 2634(a) of title 10, United States Code, is
amended--,
(1) by striking out "owned by the member and for his personal
use or the use of his dependents" in the first sentence and
inserting in lieu thereof "that is owned by the member (or a
dependent of the member) and is for the personal use of the member
or his dependents";
(2) by inserting "(or a dependent of his)" after "unless a
motor vehicle owned by him" in the first sentence; and
(3) by inserting "(or a dependent of the member)" in the second
sentence after "motor vehicle of the member".
ACADEMIES
Sec. 203. (a)(1) Sections 4342 of title 10, United States Code, is
amended by striking out subsection (d) and inserting in lieu thereof the
following:
"(d) The Superintendent may nominate for appointment each year 50
persons from the country at large. Persons nominated under this
paragraph may not displace any appointment authorized under clauses
(2)-(7), (9), or (10) of subsection (a) and may not cause the total
strength of the Corps of Cadets to exceed the authorized number.".
(2)(A) Chapter 403 of such title is amended by inserting after
section 4341 the following new section:
" Section 4341a. // USC 4341a. // Cadets: appointment by the
President
" Cadets at the Academy shall be appointed by the President alone.
An appointment is conditional until the cadet is admitted.".
(B) The table of sections at the beginning of such chapter is amended
by inserting after the item relating to section 4341 the following new
item:
"4341a. Cadets: appointments by the President.".
(b)(1) Section 6953 of such title // 10 USC 6953. // is amended by
adding at the end thereof the following new sentence: " An appointment
is conditional until the midshipman is admitted.".
(2) Section 6954 of such title // 10 USC 6954. // is amended--,
(A) by redesgnating subsections (d) and (e) as subsections (e)
and (f), respectively; and
(B) by inserting after subsection (c) the following new
subsection (d):
"(d) The Superintendent of the Naval Academy may nominate for
appointment each year 50 persons from the country at large. Persons
nominated under this paragraph may not displace any appointment
authorized under clauses (2)-(7), (9), or (10) of subsection (a) and may
not cause the total strength of midshipmen at the Naval Academy to
exceed the authorized number.".
(c)(1) Section 9342 of such title // 10 USC 9342. // is amended by
striking out subsection (d) and inserting in lieu thereof the following:
"(d) Th* Superintendent may nominate for appointment each year 50
persons from the country at large. Persons nominated under this
paragraph may not displace any appointment authorized under clauses
(2)-(7), (9), or (10) of subsection (a) and may not cause the total
strength of Air Force Cadets to exceed the authorized number.".
(2)(A) Chapter 903 of such title is amended by inserting after
section 9341 the following new section:
" Section 9341a. // 10 USC 9341a. // Cadets: appointment by the
President
" Cadets at the Academy shall be appointed by the President alone.
An appointment is conditional until the cadet is admitted.".
(B) The table of sections at the beginning of such chapter is amended
by inserting after the item relating to section 9341 the following new
item:
"9341a. Cadets: appointment by the President.".
(d) The amendments made by this section // 10 USC 4341a // shall take
effect with respect to nominations for appointment to the first class
admitted to each Academy after the date of the enactment of this Act.
REGULATIONS
Sec. 204. (a)(1) Section 5031 of title 10, United States Code, is
amended by adding at the end thereof the following new subsection:
"(d) The Secretary of the Navy may prescribe regulations to carry out
his functions, powers, and duties under this title. The authority of
the Secretary under the preceding sentence is in addition to the
authority of the Secretary under section 6011 of this title.". // 10 USC
6011. //
(2) Section 6011 of such title is amended by striking out "with the
approval of the President".
(b) United States Code, // 10 USC 6011 // before the date of the
enactment of this Act shall remain in effect in accordance with their
terms until amended or revoked by the Secretary of the Navy.
ADVISORY
COMMITTEE
Sec. 205. Section 5153 of title 10, United States Code, is amended
by striking out subsection (c) and redesignating subsection (d) as
subsection (c).
ACADEMY
Sec. 206. Section 6956 of title 10, United States Code, is amended
by striking out subsections (b) and (c) and redesignating subsections
(d), (e) and (f) as subsections (b), (c) and (d), respectively.
QUARTERS
Sec. 207. (a) Section 3 of Public Law 96 - 357 (94 Stat. 1182; 10
U.S.C. 7272 note) is amended by striking out " September 30, 1981" and
inserting in lieu thereof " September 30, 1982".
(b) Section 7572(b) of title 10, United States Code, as amended by
section 3 of Public Law 96 - 357 (94 Stat. 1182; 10 U.S.C. 7572 note),
is amended to read as follows:
"(b)(1) Under such regulations as the Secretary prescribes, a member
of a uniformed service on sea duty who is deprived of quarters on board
ship because of repairs or because of other conditions that make the
member's quarters uninhabitable and for whom it is impracticable to
furnish accommodations under subsection (a) may be reimbursed for
expenses incurred in obtaining quarters in an amount not more than the
total of--,
"(A) the basic allowance for quarters payable to a member of
the same pay grade without dependents for the period during which
the member is deprived of quarters on board ship; and
"(B) the variable housing allowance that could be paid to a
member of the same pay grade under section 403 of title 37
// 37 USC 403. //
at the location where the member is deprived of quarters onboard
ship for the period during which the member is deprived of
quarters on board ship.
"(2) A member entitled to receipt of basic allowance for quarters may
not be reimbursed for expenses under this subsection when deprived of
quarters on board ship at a location at which the member can reside with
such member's dependents.
"(3) The total amount of reimbursement under this subsection may not
exceed $9,000,000 for fiscal year 1981 and $6,300,000 for fiscal year
1982.".
(c) The amendments made by this section // 10 USC 7572 // shall take
effect as of October 1, 1981.
SERVE ON LOCAL
SELECTIVE SERVICE BOARDS
Sec. 208. Section 10(b)(3) of the Military Selective Service Act (50
U.S.C. App. 460(b)(3)) is amended by striking out "who has attained the
age of 65 or" in the sixth complete sentence thereof.
Approved October 14, 1981.
LEGISLATIVE HISTORY-S. 1181 (H.R. 3380):
HOUSE REPORTS: No. 97 - 109 (Comm. on Armed Services) and No. 97 -
109, Pt. 2 (Comm. on Armed Services) both accompanying H.R. 3380, and
No. 97 - 265 (Comm. of Conference).
SENATE REPORT No. 97 - 146 (Comm. on Armed Services).
CONGRESSIONAL RECORD, Vol. 127 (1981):
Sept. 10, 11, considered and passed Senate.
Sept. 14, 15, H.R. 3380 considered and passed House;
proceedings vacated and S. 1181, amended, passed in lieu.
Oct. 7, House and Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 17, No. 42 (1981):
Oct. 14, Presidential statement.
PUBLIC LAW 97-59, 95 STAT, 988
between the States of North
Carolina and South Carolina establishing their
lateral seaward boundary.
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 agreement between the States of North Carolina and South
Carolina establishing their mutual seaward boundary, which agreement was
proposed by the joint resolution of the boundary commissions for North
Carolina and South Carolina regarding the delimitation of the lateral
seaward boundary between the two States, executed January 20, 1978, and
was adopted by the States of North Carolina and South Carolina, and
which agreement is substantially as follows:
" The lateral seaward boundary between North Carolina and South
Carolina from the low-water mark of the Atlantic Ocean shall be and is
hereby designated as a continuation of the North Carolina-South Carolina
boundary line as described by monuments located at latitude 33 degrees,
51 minutes, 50.7214 seconds north, longitude 78 degrees, 33 minutes,
22.9448 seconds west, at latitude 33 degrees, 51 minutes, 36.4626
seconds north, longitude 78 degrees, 33 minutes, 06.1937 seconds west,
and at latitude 33 degrees, 51 minutes, 07.8792 seconds north, longitude
78 degrees, 32 minutes, 32.6210 seconds west, in a straight line
projection of said line to the seaward limits of the States' territorial
jurisdiction, such line to be extended on the same bearing insofar as a
need for further delimitation may arise.".
Sec. 2. Nothing contained in the agreement described in the first
section of this Act shall be construed as impairing or in any manner
affecting any right or jurisdiction of the United States in and over the
region which forms the subject of the agreement.
Sec. 3. The right to alter, amend, or repeal this Act is expressly
reserved.
Approved October 9, 1981.
LEGISLATIVE HISTORY-S. 1033 (H.R. 2896):
HOUSE REPORT No. 97 - 238 accompanying H.R. 2896 (Comm. on the
Judiciary).
SENATE REPORT No. 97 - 129 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 127 (1981):
June 9, considered and passed Senate.
Sept. 29, H.R. 2896 considered and passed House; proceedings
vacated and S. 1033 passed in lieu.
PUBLIC LAW 97-58, 95 STAT, 979
Protection Act of 1972, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. OPTIMUM SUSTAINABLE POPULATION.
(a) Basic Amendment.-Paragraph (8) of section 3 of the Marine Mammal
Protection Act of 1972 (16 U.S.C. 1362(8)) (which Act shall hereafter in
this Act be referred to as the " Act of 1972") is repealed.
(b) Conforming Amendments.-(1) Section 2(6) of the Act of 1972 (16
U.S.C. 1361(6)) is amended by striking out "optimum carrying capacity"
and inserting in lieu thereof "carrying capacity".
(2) Section 3 of the Act of 1972 (16 U.S.C. 1362) is further
amended--,
(A) by amending paragraph (1) to read as follows:
"(1) The term 'depletion' or 'depleted' means any case in which--,
"(A) the Secretary, after consultation with the Marine Mammal
Commission and the Committee of Scientific Advisors on Marine
Mammals established under title II of this Act,
// USC 1401. //
determines that a species or population stock is below its optimum
sustainable population;
"(B) a State, to which authority for the conservation and
management of a species or population stock is transferred under
section 109, determines that such species or stock is below its
optimum sustainable population; or
"(C) a species or population stock is listed as an endangered
species or a threatened species under the Endangered Species Act
of 1973.";
// 16 USC 1531 //
(B) by striking out "the optimum carrying capacity of their
habitat" in paragraph (2) and inserting in lieu thereof "their
optimum sustainable population";
(C) by redesignating paragraphs (9) through (15) as paragraphs
(8) through (14), respectively;
(D) by striking out "optimum carrying capacity" in paragraph
(8) (as so redesignated) and inserting in lieu thereof "carrying
capacity"; and
(E) by amending paragraph (13) (as so redesignated) to read as
follows:
"(13) The term ' United States' includes the several States, the
District of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands of the United States, American Samoa, Guam, and Northern Mariana
Islands.".
SEC. 2. MORATORIUM ON TAKING AND IMPORTING MARINE MAMMALS.
Section 101 of the Act of 1972 (16 U.S.C. 1371) is amended--,
(1) by amending subsection (a)--,
paragraph (2)
and inserting in lieu thereof the following: "(2)
Marine
mammals may be taken incidentally in the course of
commercial
fishing operations and permits may be issued therefor
under section 104
// 16 USC 1374. //
subject to regulations prescribed by the
Secretary in accordance with section 103.
// 16 USC 1373. //
In any event it
shall be the immediate goal that the incidental kill or
incidental serious injury of marine mammals permitted in
the course of commercial fishing operations be reduced
to
insignificant levels approaching a zero mortality and
serious
injury rate; provided that this goal shall be satisfied
in the
case of the incidental taking of marine mammals in the
course of purse seine fishing for yellowfin tuna by a
continuation
of the application of the best marine mammal safety
techniques and equipment that are economically and
technologically
practicable.",
endangered
species or threatened species pursuant to the
Endangered
Species Act of 1973
// 16 USC 1531 //
or" in paragraph (3)(B), and
"(4)(A) During any period of five consecutive years, the Secretary
shall allow the incidental, but not the intentional, taking, by citizens
of the United States while engaging in commercial fishing operations, of
small numbers of marine mammals of a species or population stock that is
not depleted if the Secretary, after notice and opportunity for public
comment--,
"(i) finds that the total of such taking during such five-year
period will have a negligible impact on such species or stock;
and
"(ii) provides guidelines pertaining to the establishment of a
cooperative system among the fishermen involved for the monitoring
of such taking.
"(B) The Secretary shall withdraw, or suspend for a time certain, the
permission to take marine mammals under subparagraph (A) if the
Secretary finds, after notice and opportunity for public comment,
that--,
"(i) the taking allowed under subparagraph (A) is having more
than a negligible impact on the species or stock concerned; or
"(ii) the policies, purposes and goals of this Act would be
better served through the application of this title without regard
to this subsection.
Sections 103 and 104 shall not apply to the taking of marine mammals
under the authority of this paragraph.
"(5)(A) Upon request therefor by citizens of the United States who
engage in a specified activity (other than commercial fishing) within a
specified geographical region, the Secretary shall allow, during periods
of not more than five consecutive years each, the incidental, but not
intentional, taking by citizens while engaging in that activity within
that region of small numbers of marine mammals of a species or
population stock that is not depleted if the Secretary, after notice (in
the Federal Register and in newspapers of general circulation, and
through appropriate electronic media, in the coastal areas that may be
affected by such activity) and opportunity for public comment--,
"(i) finds that the total of such taking during each five-year
(or less) period concerned will have a negligible impact on such
species or stock and its habitat, and on the availability of such
species or stock for taking for subsistence uses pursuant to
subsection (b) or section 109(f); and
"(ii) prescribes regulations setting forth--,
activity,
and other means of effecting the least practicable
adverse impact on such species or stock and its habitat,
paying particular attention to rookeries, mating
grounds,
and areas of similar significance; and
"(B) The Secretary shall withdraw, or suspend for a time certain
(either on an individual or class basis, as appropriate) the permission
to take marine mammals under subparagraph (A) pursuant to a specified
activity within a specified geographical region if the Secretary finds,
after notice and opportunity for public comment (as required under
subparagraph (A) unless subparagraph (C)(i) applies), that--,
"(i) the regulations prescribed under subparagraph (A)
regarding methods of taking, monitoring, or reporting are not
being substantially complied with by a person engaging in such
activity; or
"(ii) the taking allowed under subparagraph (A) pursuant to one
or more activities within one or more regions is having, or may
have, more than a negligible impact on the species or stock
concerned.
"(C)(i) The requirement for notice and opportunity for public comment
in subparagraph (B) shall not apply in the case of a suspension of
permission to take if the Secretary determines that an emergency exists
which poses a significant risk to the well-being of the species or stock
concerned.
"(ii) Sections 103 and 104 // 16 USC 1373, 1374. // shall not apply
to the taking of marine mammals under the authority of this paragraph.";
and
(2) by amending subsection (b)--,
the
provisions of this Act shall not apply with respect to
the
taking of any marine mammal by any Indian, Aleut, or
Eskimo who resides in Alaska and who dwells on the
coast
of the North Pacific Ocean or the Arctic Ocean if
such
taking-", and
SEC. 3. PROHIBITIONS AND PENALTIES.
(a) Prohibitions.-(1) Section 102(a) of the Act of 1972 (16 U.S.C.
1372(a)) is amended--,
(A) by inserting "109," immediately after "104," in the matter
preceding paragraph (1);
(B) by redesignating paragraph (4) as paragraph (5); and
(C) by striking out paragraph (3) and inserting in lieu thereof
the following:
"(3) for any person, with respect to any marine mammal taken in
violation of this title, to possess that mammal or any product
from that mammal;
"(4) for any person to transport, purchase, sell, or offer to
purchase or sell any marine mammal or marine mammal product;
and".
(2) Section 102(b)(3) of such Act is amended by striking out "or
which has been listed as an endangered species or threatened species
pursuant to the Endangered Species Act of 1973". // 16 USC 1531 //
(3) Section 102(d)(1) of such Act is amended by striking out "or
endangered".
(b) Penalties.-Section 105(a) of the Act of 1972 (16 U.S.C. 1375(a))
is amended by inserting "(1)" immediately after "(a)" and by inserting
at the end thereof the following new paragraph:
"(2) In any case involving an alleged unlawful importation of a
marine mammal or marine mammal product, if such importation is made by
an individual for his own personal or family use (which does not include
importation as an accommodation to others or for sale or other
commercial use), the Secretary may, in lieu of instituting a proceeding
under paragraph (1), allow the individual to abandon the mammal or
product, under procedures to be prescribed by the Secretary, to the
enforcement officer at the port of entry.".
SEC. 4. STATE MANAGEMENT.
(a) Transfer of Management Authority.-Section 109 of the Act of 1972
(16 U.S.C. 1379) is amended--,
(1) by redesignating subsections (c) and (d) as subsections (k)
and (l), respectively; and
(2) by striking out subsections (a) and (b) and inserting in
lieu thereof the following:
" Sec. 109. (a) No State may enforce, or attempt to enforce, any
State law or regulation relating to the taking of any species (which
term for purposes of this section includes any population stock) of
marine mammal within the State unless the Secretary has transferred
authority for the conservation and management of that species
(hereinafter referred to in this section as 'management authority') to
the State under subsection (b)(1).
"(b)(1) Subject to paragraph (2) and subsection (f), the Secretary
shall transfer management authority for a species of marine mammal to a
State if the Secretary finds, after notice and opportunity for public
comment, that the State has developed and will implement a program for
the conservation and management of the species that--,
"(A) is consistent with the purposes, policies, and goals of
this Act and with international treaty obligations;
"(B) requires that all taking of the species be humane;
"(C) does not permit the taking of the species unless and
until--,
subsection
(d)(1), such an agreement is implemented;
"(D) does not permit the taking of a number of animals of the
species that exceeds the maximum number determined pursuant to
subparagraph (C)(i)(II), and, in the case of taking for
subsistence uses (as defined in subsection (f)(2)), does not
permit the taking of a number of animals that would be
inconsistent with the maintenance of the species at its OSP;
"(E) does not permit the taking of the species for scientific
research and public display purposes, except for taking for such
purposes that is undertaken by, or on behalf of, the State;
"(F) provides procedures for acquiring data, and evaluating
such data and other new evidence, relating to the OSP of the
species, and the maximum take that would maintain the species at
that level, and, if required on the basis of such evaluation, for
amending determinations under subparagraph (C)(i);
"(G) provides procedures for the resolution of differences
between the State and the Secretary that might arise during the
development of a cooperative allocation agreement under subsection
(d)(1); and
"(H) provides for the submission of an annual report to the
Secretary regarding the administration of the program during the
reporting period.
"(2) During the period between the transfer of management authority
for a species to a State under paragraph (1) and the time at which the
implementation requirements under paragraph (1)(C)(ii) are complied
with--,
"(A) the State program shall not apply with respect to the
taking of the species within the State for any purpose, or under
any condition, provided for under section 101;
// 16 USC 1371. //
and
"(B) the Secretary shall continue to regulate, under this
title, all takings of the species within the State.
"(3) After the determination required under paragraph (1)(C)(i)
regarding a species is final and implemented under State law and after a
cooperative allocation agreement described in subsection (d)(1), if
required, is implemented for such species--,
"(A) such determination shall be treated, for purposes of
applying this title beyond the territory of the State, as a
determination made in accordance with section 103
// 16 USC 1373. //
and as an applicable waiver under section 101(a)(3);
"(B) the Secretary shall regulate, without regard to this
section other than the allocations specified under such an
agreement, the taking of the species--,
operations
(whether provided for under section 101(a) (2) or (4)),
or in the course of other specified activities provided
for
under section 101(a)(5), in the zone described in
section
3(14)(B), and
that any
taking authorized under a permit issued pursuant to
section
101(a)(1) after the date of the enactment of the 1981
amendment
to this subsection allowing the removal of live animals
from habitat within the State shall not be effective
if the
State agency disapproves, on or before the date of
issuance of
the permit, such taking as being inconsistent with the
State
program; and
"(C) section 101(b) shall not apply.
"(c) The State process required under subsection (b)(1)(C) must
comply with the following standards:
"(1) The State agency with management authority for the species
(hereinafter in this section referred to as the ' State agency')
must make an initial determination regarding the factors described
in clause (i) of that subsection. The State agency must identify,
and make available to the public under reasonable circumstances,
the documentation supporting such initial determination. Unless
request for a hearing under paragraph (2) regarding the initial
determination is timely made, the initial determination shall be
treated as final under State law.
"(2) The State agency shall provide opportunity, at the request
of any interested party, for a hearing with respect to the initial
determination made by it under paragraph (1) at which interested
parties may--,
The State agency must give public notice of the hearing and make
available to the public within a reasonable time before commencing
the hearing a list of the witnesses for the State and a general
description of the documentation and other evidence that will be
relied upon by such witnesses.
"(3) The State agency, solely on the basis of the record
developed at a hearing held pursuant to paragraph (2), must make a
decision regarding its initial determination under paragraph (1)
and shall include with the record a statement of the findings and
conclusions, and the reason or basis therefor, on all material
issues.
"(4) Opportunity for judicial review of the decision made by
the State agency on the record under paragraph (3), under scope of
review equivalent to that provided for in section 706(2) (A)
through (E) of title 5, United States Code, must be available
under State law. The Secretary may not initiate judicial review
of any such decision.
"(d)(1) If the range of a species with respect to which a
determination under paragraph (1)(C)(i) of subsection (b) is made
extends beyond the territorial waters of the State, the State agency and
the Secretary (who shall first coordinate with the Marine Mammal
Commission and the appropriate Regional Fishery Management Council
established under section 302 of the Act of April 13, 1976 (16 U.S.C.
1852)) shall enter into a cooperative allocation agreement providing
procedures for allocating, on a timely basis, such of the number of
animals, as determined under paragraph (1)(C)(i)(II) of subsection (b),
as may be appropriate with priority of allocation being given firstly to
taking for subsistence uses in the case of the State of Alaska, and
secondly to taking for purposes provided for under section 101(a) // 16
USC 1371. // within the zone described in section 3(14)(B).
"(2) If the State agency requests the Secretary to regulate the
taking of a species to which paragraph (1) applies within the zone
described in section 3(14)(B) for subsistence uses or for hunting, or
both, in a manner consistent with the regulation by the State agency of
such taking within the State, the Secretary shall adopt, and enforce
within such zone, such of the State agency's regulatory provisions as
the Secretary considers to be consistent with his administration of
section 101(a) within such zone. The Secretary shall adopt such
provisions through the issuance of regulations under section 553 of
title 5, United States Code, and with respect to such issuance the
Regulatory Flexibility Act, // 5 USC 601 // the Paperwork Reduction Act,
Executive Order Numbered 12291, // 44 USC 101 // dated February 17,
1981, and the thirty-day notice requirement in subsection (d) of such
section 553 shall not apply. For purposes of sections 105, 106, and
107, // 16 USC 1375 - 1377. // such regulations shall be treated as
having been issued under this title.
"(e)(1) Subject to paragraph (2), the Secretary shall revoke, after
opportunity for a hearing, any transfer of management authority made to
a State under subsection (b)(1) if the Secretary finds that the State
program for the conservation and management of the species concerned is
not being implemented, or is being implemented in a manner inconsistent
with the provisions of this section or the provisions of the program.
The Secretary shall also establish a procedure for the voluntary return
by a State to the Secretary of species management authority that was
previously transferred to the State under subsection (b)(1).
"(2)(A) The Secretary may not revoke a transfer of management
authority under paragraph (1) unless--,
"(i) the Secretary provides to the State a written notice of
intent to revoke together with a statement, in detail, of those
actions, or failures to act, on which such intent is based; and
"(ii) during the ninety-day period after the date of the notice
of intent to revoke--,
actions or
failures to act and the remedial measures that should be
taken by the State, and
are
necessary, in the judgment of the Secretary, to bring
its
conservation and management program, or the
administration
or enforcement of the program, into compliance with
the provisions of this section.
"(B) When a revocation by the Secretary of a transfer of management
authority to a State becomes final, or the State voluntarily returns
management authority to the Secretary, the Secretary shall regulate the
taking, and provide for the conservation and management, of the species
within the State in accordance with the provisions of this Act (and in
the case of Alaskan Natives, section 101(b) and subsection (i) of this
section shall apply upon such revocation or return of management
authority).
"(f)(1) The Secretary may not transfer management authority to the
State of Alaska under subsection (b)(1) for any species of marine mammal
unless--,
"(A) the State has adopted and will implement a statute and
regulations that insure that the taking of the species for
subsistence uses--,
will be
based upon--,
"(B) the State has adopted a statute or regulation that
requires that any consumptive use of marine mammal species, other
than for subsistence uses, will be authorized during a regulatory
year only if the appropriate agency first makes findings, based on
an administrative record before it, that--,
limited
to, licensing of marine mammal hunting guides and the
assignment of guiding areas, will, to the maximum extent
practicable, provide economic opportunities for the
residents
of the rural coastal villages of Alaska who engage in
subsistence
uses of that species.
"(2) For purposes of paragraph (1), the term 'subsistence uses' means
the customary and traditional uses by rural Alaska residents of marine
mammals for direct personal or family consumption as food, shelter,
fuel, clothing, tools, or transportation; for the making and selling of
handicraft articles out of nonedible byproducts of marine mammals taken
for personal or family consumption; and for barter, or sharing for
personal or family consumption. As used in this paragraph--,
"(A) The term 'family' means all persons related by blood,
marriage, or adoption, or any person living within a household on
a permanent basis.
"(B) The term 'barter' means the exchange of marine mammals or
their parts, taken for subsistence uses--,
money
if the exchange is of a limited and noncommercial
nature.
"(g) Neither the transfer of management authority to a State under
subsection (b)(1), nor the revocation or voluntary return of such
authority under subsection (e), shall be deemed to be an action for
which an environmental impact statement is required under section 102 of
the National Environmental Policy Act of 1969. // 42 USC 4332. //
"(h) Nothing in this title shall prevent a Federal, State, or local
government official or employee or a person designated under section
112(c) // 16 USC 1382. // from taking, in the course of his duties as
an official, employee, or designee, a marine mammal in a humane manner
(including euthanasia) if such taking is for--,
"(1) the protection or welfare of the mammal,
"(2) the protection of the public health and welfare, or
"(3) the nonlethal removal of nuisance animals,
and, in any case in which the return of the mammal to its natural
habitat is feasible, includes steps designed to achieve that result.
"(i) The Secretary may (after providing notice thereof in the Federal
Register and in newspapers of general circulation, and through
appropriate electronic media, in the affected area and providing
opportunity for a hearing thereon in such area) prescribe regulations
requiring the marking, tagging, and reporting of animals taken pursuant
to section 101(b). // 16 USC 1371. //
"(j) The Secretary may make grants to States to assist them--,
"(1) in developing programs, to be submitted for approval under
subsection (b), for the conservation and management of species of
marine mammals; and
"(2) in administering such programs if management authority for
such species is transferred to the State under such subsection.
Grants made under this subsection may not exceed 50 per centum of the
costs of developing a State program before Secretarial approval, or of
administering the program thereafter.".
(b) No Effect on Certain Cooperative Agreements.-Nothing in the
amendments made by subsection (a) // 16 USC 1379 // shall be construed
as affecting in any manner, or to any extent, any cooperative agreement
entered into by a State under section 6(c) of the Endangered Species Act
of 1973 (16 U.S.C. 1535(c)) before, on, or after the date of the
enactment of this Act.
SEC. 5. MARINE MAMMAL RESEARCH.
Section 110(a) of the Act of 1972 (16 U.S.C. 1380(a)) is amended by
adding at the end thereof the following new sentences: " In carrying
out this subsection, the Secretary shall undertake a program of, and
shall provide financial assistance for, research into new methods of
locating and catching yellowfin tuna without the incidental taking of
marine mammals. The Secretary shall include a description of the annual
results of research carried out under this section in the report
required under section 103(f).". // 16 USC 1373. //
SEC. 6. MARINE MAMMAL COMMISSION.
Title II of the Act of 1972 (16 U.S.C. 1401 - 1407) is amended--,
(1) by striking out "furnish its reports and recommendations to
// 16 USC 1402. //
him, before publication, for his comment." in section 202(b) and
inserting in lieu thereof "provide each annual report required
under section 204, before submission to Congress, to the Secretary
for comment."; and
(2) by inserting ", or provide such grants to," immediately
after "agreements with" in section 206(3).
// 16 USC 1406. //
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) Department of Commerce.--, // 16 USC 1384. // There are
authorized to be appropriated to the Department of Commerce, for
purposes of carrying out such functions and responsibilities as it may
have been given under title I of the Marine Mammal Protection Act of
1972, // 16 USC 1371. // $7,223,000 for fiscal year 1982, $8,000,000
for fiscal year 1983, and $8,800,000 for fiscal year 1984.
(b) Department of the Interior.--, // 16 USC 1384. // There are
authorized to be appropriated to the Department of the Interior, for
purposes of carrying out such functions and responsibilities as it may
have been given under such title I, $1,600,000 for fiscal year 1982,
$1,760,000 for fiscal year 1983, and $2,000,000 for fiscal year 1984.
(c) Marine Mammal Commission.--, // 16 USC 1407. // There are
authorized to be appropriated to the Marine Mammal Commission, for
purposes of carrying out title II of such Act of 1972, // 16 USC 1401.
// $672,000 for fiscal year 1982, $1,000,000 for fiscal year 1983, and
$1,100,000 for fiscal year 1984.
Approved October 9, 1981.
LEGISLATIVE HISTORY-H.R. 4084:
HOUSE REPORT No. 97 - 228 (Comm. on Merchant Marine and Fisheries).
CONGRESSIONAL RECORD, Vol. 127 (1981):
Sept. 21, considered and passed House.
Sept. 29, considered and passed Senate.
PUBLIC LAW 97-57, 95 STAT, 978
Day for Nurses".
Whereas nursing women and men have provided significant contributions
to the health care of our Nation's citizens of all ages, sex, and creeds
for more than one hundred years;
Whereas nurses provide care in hospitals, nursing homes, extended
care facilities, clinics, rehabilitation hospitals, physicians' offices,
private duty nursing, and industrial nursing;
Whereas nurses' skills and knowledge provide disease and injury
prevention, and aim toward restoration of health;
Whereas nurses strive to provide comfort, solace, and education to
those entrusted to their care;
Whereas nursing is a highly technical, sophisticated, and exacting
science: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the President is
authorized and requested to designate May 6, 1982, as " National
Recognition Day for Nurses", and to call upon the people of the United
States to observe such day with appropriate programs, ceremonies, and
activities.
Approved October 9, 1981.
LEGISLATIVE HISTORY-H.J. Res. 263:
CONGRESSIONAL RECORD, Vol. 127 (1981):
July 30, considered and passed House.
Sept. 25, considered and passed Senate.
PUBLIC LAW 97-56, 95 STAT, 976
certain National Forest System
lands in the State of Nevada, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That notwithstanding any
other provision of law, the Secretary of Agriculture is directed to
convey to the county of Douglas, Nevada, by quitclaim deed or other
appropriate instrument, subject to the provisions of section 2 of this
Act, all right, title, and interest of the United States in and to a
certain tract of land and improvements thereon described as follows:
Township 13 north, range 20 east, Mount Diablo base line and meridian,
section 29, lot 3, block 1, north addition, town of Minden, county of
Douglas, Nevada, containing 0.34 acre more or less.
Sec. 2. The county of Douglas, Nevada, shall, in consideration for
the conveyance of the lands described in the first section--,
(1) convey to the Secretary of Agriculture all right, title,
and interest in and to a certain tract of land described as
follows: That portion of the northwest quarter southeast quarter
of section 8, township 13 north, range 20 east, Mount Diablo
meridian, Douglas County, Nevada, beginning at the point on the
northerly right-of-way line of Airport Road, said point bears
south 7 degrees 35 minutes 52 seconds west, 14,708.02 feet from
the northeast corner of section 32, township 14 north, range 20
east, Mount Diablo meridian; thence from the initial point south
89 degrees 43 minutes 16 seconds west along the northerly
right-of-way line of said Airport Road 215.00 feet; thence north
0 degrees 16 minutes 44 seconds west, 145.88 feet; thence north
89 degrees 43 minutes 16 seconds east, 215.00 feet; thence south
0 degrees 16 minutes 44 seconds east, 145.88 feet to the point of
beginning, containing 0.72 acre, more or less; and
(2) construct a warehouse on said tract of land of such design
and quality acceptable to the Secretary of Agriculture.
Sec. 3. The lands acquired by this Secretary of Agriculture by this
Act shall be added to the Toiyabe National Forest and shall be
administered in accordance with the laws, rules, and regulations,
applicable to the National Forest System.
Approved October 6, 1981.
LEGISLATIVE HISTORY-H.R. 2218:
HOUSE REPORT No. 97 - 169 (Comm. on Interior and Insular Affairs).
SENATE REPORT No. 97 - 186 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 127 (1981):
July 20, considered and passed House.
Sept. 22, considered and passed Senate.
PUBLIC LAW 97-55, 95 STAT, 973
of Angels, California.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1. The Secretary of the Interior (hereafter in this Act
referred to as the " Secretary") shall convey by quitclaim deed, subject
to the conditions in section 3 of this Act, to the city council of the
City of Angels, California (hereafter in this Act referred to as the
"council"), or, if the council so designates, to a trustee (hereafter in
this Act referred to as the "trustee") which the council may designate
pursuant to section 8 of this Act, all right, title, and interest,
including any future interests described in sections 6 and 7 of this
Act, of the United States in and to 601.51 acres of land in Calaveras
County, California, further described as Mount Diablo meridian:
Section 28:
Lots 1 and 2,
North half southwest quarter,
Southwest quarter southwest quarter,
Section 29: East half southeast quarter,
Section 33:
Lots 1 through 4, 6, 16 through 18,
Northwest quarter northwest quarter,
Northeast quarter southeast quarter,
Section 34:
Lot 2,
Northwest quarter southwest quarter,
including mineral surveys 356, 370, 479, 743, 1245, 1345, 2036, 2682,
3040, 3065, 3066, 3067, 3068, 3085, 3882, and 4449.
Sec. 2. The council or the trustee shall notify, within one year
after the date of enactment of this Act, all individuals or other legal
entities which appear, as of the date of such notice, upon the secured
tax rolls of Calaveras County, California, as the owners of lands
referred to in the first section of this Act, or of interests in such
lands--,
(a) of the conveyance by the United States of its interests in
such lands under the first section of this Act,
(b) of the possible defect in the title to such lands or
interests resulting from such interests of the United States,
(c) of the possible interests in such lands arising out of the
mining laws of the United States, and identified pursuant to the
operation of section 6 of this Act, and
(d) of the opportunity to remedy such defect under this Act.
Sec. 3. The conveyance referred to in the first section of this Act
shall be made without consideration, but shall be made upon the
following conditions:
(a) The council or the trustee shall convey, at any time after
two years from enactment of this Act, the interests conveyed to it
under the first section of this Act to individuals or other legal
entities--,
appear
upon the secured tax rolls of Calaveras County,
California,
as of July 1, 1978, as the owners of the lands or
interests with
respect to which such application was submitted.
(b) The conveyed property shall remain subject to all
encumbrances, if any, existing on the date of enactment of this
Act, including easements, servitudes, leases, and rights-of-way,
except those encumbrances that are related to interests in mining
claims which may be extinguished pursuant to sections 6 and 7 of
this Act.
(c) Conveyance of the conveyed property shall be conditioned
upon and subject to the right of mining claimants whose rights and
interests were initiated pursuant to the mining laws prior to
entry and patent under the Townsite Act (43 U.S.C. 711 et seq.
(repealed)), and who initiate patent procedures pursuant to
section 6 of this Act which result in the issuance of a patent
under the mining laws.
Sec. 4. Any administrative or recording costs incurred with respect
to any conveyance made by the council or the trustee under section 3 of
this Act shall be borne by the party to whom such conveyance is made.
Sec. 5. Any of the interests conveyed under the first section of
this Act which do not appear on the secured tax rolls of Calaveras
County, California, as of July 1, 1978, shall be conveyed to the
council, if held by the trustee, and held or disposed of by the council
for the benefit of the City of Angels, California.
Sec. 6. (a) Any unpatented mining claim located within those lands
described in the first section of this Act recorded pursuant to the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701), for
which the claimant has not made application for patent within two years
after the date of the enactment of this Act shall be conclusively deemed
to be abandoned and shall be void and all interests in such claim shall
be deemed to have reverted to the United States for the purpose of this
Act: Provided, however, That upon a showing that a mineral survey
cannot be completed within said two-year period, the filing of an
application for a mineral survey, which states on its face that it was
filed for the purpose of proceeding to patent, shall be acceptable for
the patent application purpose of this section if all other applicable
requirements under the general mining laws and other laws have been met
and if the applicant subsequently prosecutes diligently to completion
his application for patent.
(b) Final rejection of any patent application filed under section 6
of this Act shall cause to lapse and be void the condition imposed by
section 3(c) of this Act in the grant to any person receiving conveyance
of lands embracing all or part of the mining claim which was the subject
of the rejected patent application.
Sec. 7. For the purposes of this Act, any unpatented mining claim
located within those lands described in the first section of this Act
which on the date of enactment of this Act was not recorded pursuant to
section 314 of the Federal Land Policy and Management Act of 1976, // 43
USC 1744. // or which is not maintained by the annual filings required
by section 314 of said Act, // 43 USC 1744. // shall be conclusively
deemed abandoned and shall be void, in accordance with the provisions of
section 314 of said Act, and all interests in such claim shall be deemed
to have reverted to the United States upon such failure to record or
annually file.
Sec. 8. The trustee designated by the council pursuant to section 1
of this Act shall be an individual, residing in Calaveras County,
California, capable under the laws of that State to act in the capacity
of trustee.
Approved October 6, 1981.
LEGISLATIVE HISTORY-H.R. 618:
HOUSE REPORT No. 97 - 13 (Comm. on Interior and Insular Affairs).
SENATE REPORT No. 97 - 185 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 127 (1981):
Apr. 6, considered and passed House.
Sept. 22, considered and passed Senate.
PUBLIC LAW 97-54, 95 STAT, 971
of the United States, and
requesting the President to ascertain from the Soviet
Union the whereabouts of
Raoul Wallenberg and to secure his return to freedom.
Whereas the United States has conferred honorary citizenship on only
one occasion in its more than two hundred years, and honorary
citizenship is and should remain an extraordinary honor not lightly
conferred nor frequently granted;
Whereas during World War II the United States was at war with
Hungary, and had no diplomatic relations with that country;
Whereas in 1944 the United States Government through Secretary of
State Cordell Hull requested the cooperation of Sweden, as a neutral
nation, in protecting the lives of Hungarian Jews facing extermination
at the hands of the Nazis;
Whereas Raoul Wallenberg agreed to act at the behest of the United
States in Hungary, and went to Hungary in the summer of 1944 as
Secretary of the Swedish Legation;
Whereas Raoul Wallenberg, with extraordinary courage and with total
disregard for the constant danger to himself, saved the lives of almost
one hundred thousand innocent men, women, and children;
Whereas Raoul Wallenberg, with funds and directives supplied by the
United States, provided food, shelter, and medical care to those whom he
had rescued;
Whereas the Soviet Union, in violation of Wallenberg's Swedish
diplomatic immunity and of international law, seized him on January 17,
1945, with no explanation ever given for his detention and subsequent
imprisonment;
Whereas Raoul Wallenberg has been a prisoner in the Soviet Union
since 1945;
Whereas reports from former prisoners in the Soviet Union, as recent
as January 1981, suggest that Raoul Wallenberg is alive;
Whereas history has revealed that heroic acts of salvation were
tragically rare during the massacre of millions of innocent human beings
during World War II; and
Whereas the significance of this symbol of man's concern for his
fellow man has been tainted by the wall of silence that surrounds the
fate of Wallenberg: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled,
Section 1. Raoul Wallenberg is proclaimed to be an honorary citizen
of the United States of America.
Sec. 2. The President is requested to take all possible steps to
ascertain from the Soviet Union the whereabouts of Raoul Wallenberg and
to secure his return to freedom.
Approved October 5, 1981.
LEGISLATIVE HISTORY-S.J. Res. 65 (H.J. Res. 220):
HOUSE REPORT No. 97 - 152, pt. 1, accompanying H.J. Res. 220 (Comm.
on Foreign Affairs).
SENATE REPORT No. 97 - 169 (Comm. on Foreign Relations) and (Comm.
on the Judiciary).
CONGRESSIONAL RECORD, Vol. 127 (1981):
Aug. 3, considered and passed Senate.
Sept. 22, H.J. Res. 220 considered and passed House;
proceedings vacated and S.J. Res. 65 passed in lieu.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 17, No. 41 (1981):
Oct. 5, Presidential statement.
PUBLIC LAW 97-53, 95 STAT, 970
States to issue a proclamation
designating the seven calendar days beginning
October 4, 1981, as " National Port
Week".
Whereas the past development of the public ports of the United States
is the result of a fruitful partnership in which State and local
authorities have assumed major responsibilities for land-based port
development with the Federal Government constructing and maintaining the
navigable waterways and harbors of the United States;
Whereas our Nation's commercial seaports and inland river ports are
indispensable to foreign and domestic waterborne commerce and to the
economic well-being and national security of the United States;
Whereas the maintenance and development of a national network of
commercial ports is vital to expanded international trade and to the
attainment of a favorable trade balance;
Whereas commercial ports serving the waterborne commerce of the
United States are responsible for the continued employment of more than
one million workers and in 1980 generated a total of $66,000,000,000 in
direct and indirect dollar income from gross sales and services to their
users;
Whereas there is a continuing need to focus public attention upon the
value to our Nation of a viable and competitive system of commercial
ports; and
Whereas the " National Port Week" observance promotes public
recognition of the vital role that our ocean and inland ports have
played in the economic growth and development 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 the President of the
United States is authorized and requested to issue a proclamation
designating the seven-day period beginning October 4, 1981, as "
National Port Week" and to invite the Governors of the several States,
the chief officials of local governments, and the people of the United
States to observe that week with appropriate ceremonies and activities.
Approved October 2, 1981.
LEGISLATIVE HISTORY-S.J. Res. 103:
CONGRESSIONAL RECORD, Vol. 127 (1981):
Sept. 16, considered and passed Senate.
Sept. 30, considered and passed House.
PUBLIC LAW 97-52, 95 STAT, 969
" American Enterprise Day".
Whereas America's enterprise system is a cornerstone in our society;
and
Whereas that system has produced the highest standard of living in
the world; and
Whereas that system depends on and rewards individual initiative and
innovation; and
Whereas American productivity is vital to the world's economy and
must be encouraged; and
Whereas the continuance and growth of our enterprise system depends
in large part on the education of America's young men and women
concerning that system: 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 October 2, 1981, as " American Enterprise Day" and
encouraging appropriate Government agencies to foster the recognition of
the significance of America's enterprise system on that day.
Approved October 2, 1981.
LEGISLATIVE HISTORY-S.J. Res. 78:
CONGRESSIONAL RECORD, Vol. 127 (1981):
July 17, considered and passed Senate.
Sept. 30, considered and passed House.
PUBLIC LAW 97-51, 95 STAT, 958
year 1982, and for other purposes.
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, and out of applicable corporate or other revenues,
receipts, and funds, for the several departments, agencies,
corporations, and other organizational units of the Government for the
fiscal year 1982, and for other purposes, namely:
Sec. 101. (a)(1) Such amounts as may be necessary for continuing
projects or activities (not otherwise specifically provided for in this
joint resolution) which were conducted in the fiscal year 1981 and for
which appropriations, funds, or other authority would be available in
the following appropriations Acts:
Departments of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriation Act, 1982, notwithstanding section
15(a) of the State Department Basic Authorities Act of 1956
// 22 USC 2680. //
and section 701 of the United States Information and Educational
Exchange Act of 1948,
// 22 USC 1476. //
as amended;
District of Columbia Appropriation Act, 1982;
Departments of Labor, Health and Human Services, and Education,
and Related Agencies Appropriation Act, 1982;
Agriculture, Rural Development, and Related Agencies
Appropriation Act, 1982;
Energy and Water Development Appropriation Act, 1982;
Department of the Interior and Related Agencies Appropriation
Act, 1982;
Treasury, Postal Service and General Government Appropriation
Act, 1982;
Military Construction Appropriation Act, 1982; and
Department of Transportation and Related Agencies Appropriation
Act, 1982.
(2) Appropriations made by this subsection shall be available to the
extent and in the manner which would be provided by the pertinent
appropriation Act.
(3) Whenever the amount which would be made available or the
authority which would be granted under an Act listed in this subsection
as passed the House as of October 1, 1981, is different from that which
would be available or granted under such Act as passed by the Senate as
of October 1, 1981, the pertinent project or activity shall be continued
under the lesser amount or the more restrictive authority: Provided,
That where an item is included in only one version of an Act as passed
by both Houses as of October 1, 1981, the pertinent project or activity
shall be continued under the appropriation, fund, or authority granted
by the one House, but at a rate for operations not exceeding the current
rate or the rate permitted by the action of the one House, whichever is
lower, and under the authority and conditions provided in applicable
appropriation Acts for the fiscal year 1981: Provided further, That for
the purposes of this joint resolution, when an Act listed in this
subsection, with the exception of the Department of the Interior and
Related Agencies Appropriation Act, 1982, has been reported to a House
but not passed by that House as of October 1, 1981, it shall be deemed
as having been passed by that House: Provided further, That funds which
would be available under H.R. 4121, entitled the Treasury, Postal
Service and General Government Appropriation Act, 1982 for the
Government payment of annuitants and employees health benefits, shall be
available under the authority and conditions set forth in H.R. 4121 as
reported to the Senate on September 22, 1981.
(4) Whenever an Act listed in this subsection has been passed by only
one House as of October 1, 1981, the pertinent project or activity shall
be continued under the appropriation, fund, or authority granted by the
one House, but at a rate for operations not exceeding the current rate
or the rate permitted by the action of the one House, whichever is
lower, and under the authority and conditions provided in applicable
appropriation Acts for the fiscal year 1981.
(5) No provision which is included in an appropriation Act enumerated
in this subsection but which was not included in the applicable
appropriation Act of 1981, and which by its terms is applicable to more
than one appropriation, fund, or authority shall be applicable to any
appropriation, fund, or authority provided in the joint resolution
unless such provision shall have been included in identical form in such
bill as enacted by both the House and the Senate.
(b) Such amounts as may be necessary for continuing the following
activities, not otherwise provided for, which were conducted in the
fiscal year 1981, at a rate for operations not in excess of the current
rate or the rate provided for in the budget estimate, whichever is
lower, and under the more restrictive authority--,
activities for which provision was made in the Department of
Defense Appropriation Act, 1981;
// 94 Stat. 3068. //
and
activities for which provision was made in section 101(b) of
Public Law 96 - 536
// 94 Stat. 3166. //
regarding foreign assistance and related programs, notwithstanding
section 10 of Public Law 91 - 672,
// 22 USC 2412. //
and section 15(a) of the State Department Basic Authorities Act of
1956.
// 22 USC 2680. //
(c) Notwithstanding the provisions of sections 102 and 106 of this
joint resolution, such amounts as may be necessary for continuing
projects and activities under all the conditions and to the extent and
in the manner as provided in H.R. 4120, entitled the Legislative Branch
Appropriation Act, 1982, as reported July 9, 1981; and the provisions
of H.R. 4120 shall be effective as if enacted into law; except that the
provisions of section 305 (a), (b), and (d) of H.R. 4120 // 5 USC 5318
// shall apply to any appropriation, fund or authority made available
for the period October 1, 1981, through November 20, 1981, by this or
any other Act.
Notwithstanding the provisions of sections 102 and 106 of this joint
resolution, for continuing projects and activities for which
disbursements are made by the Secretary of the Senate, the amounts set
forth under the following appropriation account headings for fiscal year
1982:
Under the heading " COMPENSATION AND MILEAGE OF THE VICE PRESIDENT
AND SENATORS", $6,932,000; under the heading " EXPENSE ALLOWANCES OF
THE VICE PRESIDENT, THE PRESIDENT PRO TEMPORE, MAJORITY AND MINORITY
LEADERS, AND MINORITY WHIPS": For expense allowances of the Vice
President, $10,000; 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, $2,500; and Minority Whip of the
Senate, $2,500; in all, $45,000; under the headings " Salaries,
Officers and Employees", " OFFICE OF THE VICE PRESIDENT", $945,000; "
OFFICE OF THE PRESIDENT PRO TEMPORE", $126,000; " OFFICES OF THE
MAJORITY AND MINORITY LEADERS", $566,100; " FLOOR ASSISTANTS TO THE
MAJORITY AND MINORITY LEADERS", $109,000; " OFFICES OF THE MAJORITY AND
MINORITY WHIPS", $264,600; " OFFICES OF THE SECRETARIES OF THE
CONFERENCE OF THE MAJORITY AND THE CONFERENCE OF THE MINORITY",
$143,100; " OFFICE OF THE CHAPLAIN", $76,640; " OFFICE OF THE
SECRETARY", $4,990,000; " CONFERENCE COMMITTEES", $415,350 for each
such committee; in all, $830,700; " ADMINISTRATIVE, CLERICAL, AND
LEGISLATIVE ASSISTANCE TO SENATORS", $86,016,000; " OFFICE OF SERGEANT
AT ARMS AND DOORKEEPER", $23,399,000; " OFFICES OF THE SECRETARIES FOR
THE MAJORITY AND MINORITY", $588,000; " AGENCY CONTRIBUTIONS AND
LONGEVITY AND MERIT COMPENSATION", $13,731,000; under the heading "
Office of the Legislative Counsel of the Senate", $1,020,600; under the
heading " Office of Senate Legal Counsel", $495,000; under the heading
" Senate Procedure" for compiling, preparing, and editing " Senate
Procedure", 1980 edition, $5,000, to be paid to Floyd M. Riddick,
Parliamentarian Emeritus of the Senate; under the headings " Contingent
Expenses of the Senate", " SENATE POLICY COMMITTEES", $761,850 for each
such committee; in all, $1,523,700; " AUTOMOBILES AND MAINTENANCE",
$75,000; " INQUIRIES AND INVESTIGATIONS", $41,224,500; " FOLDING
DOCUMENTS", at a gross rate of not exceeding $5.15 per hour per person,
$128,000; " MISCELLANEOUS ITEMS", $32,569,168; " POSTAGE STAMPS", for
postage stamps for the offices of the Secretaries for the Majority and
Minority, $600; Chaplain, $300; and for special delivery postage for
the Office of the Secretary, $6,000; Office of the Sergeant at Arms and
Doorkeeper, $500; and the President of the Senate, as authorized by
law, $1,600; in all, $9,000; " STATIONERY (REVOLVING FUND)", for
stationery for the President of the Senate, $4,500, and for committees
and officers of the Senate, $38,500; in all, $43,000.
For purposes of this subsection, H.R. 4120, as reported July 9, 1981,
shall be treated as appropriating the following amounts:
Under the headings " JOINT ITEMS", " Contingent Expenses of the
Senate", " JOINT ECONOMIC COMMITTEE", $2,250,000; " JOINT COMMITTEE ON
PRINTING", $816,000; " Contingent Expenses of the House", " JOINT
COMMITTEE ON TAXATION", $2,967,000; " Office of the Attending
Physician", $603,000; " Capitol Police", " GENERAL EXPENSES", $887,000;
" Education of Pages", $244,000; " Official Mail Costs", $75,095,000;
" Capitol Guide Service", $734,000; " Statements of Appropriations",
$13,000; under the headings " OFFICE OF TECHNOLOGY ASSESSMENT", "
Salaries and Expenses", $12,019,000; under the headings " CONGRESSIONAL
BUDGET OFFICE", " Salaries and Expenses", $12,868,000; under the
headings " ARCHITECT OF THE CAPITOL", " Office of the Architect of the
Capitol", " SALARIES", $3,760,000; " CONTINGENT EXPENSES", $210,000; "
Capitol Buildings and Grounds", " CAPITOL BUILDINGS", 10,100,000 of
which $1,767,000 shall remain available until expended; " CAPITOL
GROUNDS", $2,430,000 of which $10,000 shall remain available until
expended; " SENATE OFFICE BUILDINGS", $14,851,000, of which $2,600,000
shall remain available until expended; " SENATE GARAGE", $99,000; "
CAPITOL POWER PLANT", $20,916,000, of which $1,290,000 shall remain
available until expended; under the headings " LIBRARY OF CONGRESS", "
Congressional Research Service", " SALARIES AND EXPENSES", $30,000,000;
under the headings " GOVERNMENT PRINTING OFFICE", " Congressional
Printing and Binding", $84,843,000; under the headings " BOTANIC
GARDEN", " Salaries and Expenses", $2,311,000; under the headings "
LIBRARY OF CONGRESS", " Salaries and Expenses", $111,989,000; "
Copyright Office", " SALARIES AND EXPENSES", $9,123,000; " Books for
the Blind and Physically Handicapped", " SALARIES AND EXPENSES",
$33,221,000; " Collection and Distribution of Library Materials
(Special Foreign Currency Program)", $4,405,000; " Furniture and
Furnishings", $1,089,000; under the headings " ARCHITECT OF THE
CAPITOL", " Library Buildings and Grounds", " STRUCTURAL AND MECHANICAL
CARE", $8,715,000; under the headings " COPYRIGHT ROYALTY TRIBUNAL", "
Salaries and Expenses", $400,000; under the headings " GOVERNMENT
PRINTING OFFICE", " Printing and Binding", $17,888,000; " Office of
Superintendent of Documents", " SALARIES AND EXPENSES", $27,120,000;
under the headings " GENERAL ACCOUNTING OFFICE", " Salaries and
Expenses", $229,300,000.
(d) Such amounts asmay be necessary for continuing the following
activities which were conducted in fiscal year 1981, but at a rate for
operations not in excess of the current rate--,
activities of the Department of State for contributions to the
United Nations Relief and Works Agency for Palestinian Refugees
notwithstanding section 10 of Public Law 91 - 672,
// 22 USC 2412. //
and section
// 22 USC 2680. //
15(a) of the State Department Basic Authorities Act of 1956.
(e) Notwithstanding any other provision of this joint resolution,
except section 102, such amounts as may be necessary for projects or
activities provided for in the Department of Housing and Urban
Development-Independent Agencies Appropriations Act, 1982 (H.R. 4034),
at a rate of operations and to the extent and in the manner provided for
in the conference report and joint explanatory statement of the
Committee of Conference (H. Rept. No. 97 - 222) filed in the House of
Representatives on September 11, 1981, as if such Act had been enacted
into law.
Sec. 102. Appropriations and funds made available and authority
granted pursuant to this joint resolution shall be available from
October 1, 1981, and shall remain available until (a) enactment into law
of an appropriation for any project or activity provided for in this
joint resolution, or (b) enactment of the applicable appropriation Act
by both Houses without any provision for such project or activity, or
(c) November 20, 1981, whichever first occurs.
Sec. 103. Appropriations and funds made available or authority
granted pursuant to this joint resolution may be used without regard to
the time limitations for submission and approval of apportionments set
forth in section 665(d)(2) of title 31, United States Code, but nothing
herein shall be construed to waive any other provision of law governing
the apportionment of funds.
Sec. 104. Appropriations made and authority granted pursuant to this
joint resolution shall cover all obligations or expenditures incurred
for any project or activity during the period for which funds or
authority for such projects or acctivity are available under this joint
resolution.
Sec. 105. Expenditures made pursuant to this joint resolution shall
be charged to the applicable appropriation, fund, or authorization
whenever a bill in which such applicable appropriation, fund, or
authorization is contained is enacted into law.
Sec. 106. No appropriation or fund made available or authority
granted pursuant to this joint resolution shall be used to initiate or
resume any project or activity for which appropriations, funds, or other
authority were not available during the fiscal year 1981.
Sec. 107. Any appropriation for the fiscal year 1982 required to be
apportioned pursuant to section 665 of title 31, United States Code, may
be apportioned on a basis indicating the need (to the extent any such
increases cannot be absorbed within available appropriations) for a
supplemental or deficiency estimate of appropriation to the extent
necessary to permit payment of such pay increases as may be granted
pursuant to law to civilian officers and employees and to active and
retired military personnel. Each such appropriation shall otherwise be
subject to the requirements of section 665 of title 31, United States
Code.
Sec. 108. All obligations incurred in anticipation of the
appropriations and authority provided in this joint resolution for the
purposes of maintaining the minimum level of essential activities
necessary to protect life and property and bringing about orderly
termination of other functions are hereby ratified and confirmed if
otherwise in accordance with the provisions of this joint resolution.
Sec. 109. No provision in any appropriation Act for the fiscal year
1982 that makes the availability of any appropriation provided therein
dependent upon the enactment of additional authorizing or other
legislation shall be effective before the date set forth in section
102(c) of this joint resolution.
Sec. 110. To meet the emergency facing a number of fruit producing
States, particularly California, from the Mediterranean and other types
of fruit flies, as well as the immediate and long-range threat to the
timber stands and the watersheds of the Northeastern United States and
other areas from the gypsy moth, as well as to meet threats from other
pests and diseases, the Secretary of Agriculture is authorized to
exercise the emergency authorities provided for in H.R. 4119 as passed
the House of Representatives on July 27, 1981, in connection with the
program of the Animal and Plant Health Inspection Service,
notwithstanding any other provision of this joint resolution.
Sec. 110. Notwithstanding any other provision of this joint
resolution or any other law, there shall be forty-seven permanent
positions designated as Economic Development Representatives out of the
total number of permanent positions funded in the Salaries and Expenses
account of the Economic Development Administration for fiscal year 1982,
and such positions shall be maintained in the various States within the
approved organizational structure in place on June 1, 1981, and where
possible, with those employees who filled those positions on that date.
Sec. 111. (a) The first section of the joint resolution relating to
the payment of salaries of employees of the Senate, approved April 20,
1960 (Public Law 86 - 426, first section; 2 U.S.C. 60c-1), is
amended--,
(1) in the first sentence, by striking out clause (1),
(2) in the second sentence, by inserting "purposes of the
Internal Revenue Code of 1954 and for" immediately after " For",
and
(3) by striking out the last sentence thereof (as added by
section 108 of the Supplemental Appropriations Act, 1979 (Public
Law 96 - 38, sec. 108)).
// 93 Stat. 113. //
(b) The amendments made by subsection (a) // 2 USC 60c-1 // shall be
effective in the case of compesation payable for months after December
1982.
Sec. 112. (a) The first sentence of the first section of the joint
resolution relating to the payment of salaries of employees of the
Senate, approved April 20, 1960 (Public Law 86 - 426; 2 U.S.C. 60c - 1)
is amended by striking out " Officers (other than Senators) and
employees" and inserting in lieu thereof " Senators and officers and
employees".
(b)(1) The second paragraph under the heading " SENATE" of the Act //
2 USC 33. // entitled " An Act making appropriations for sundry civil
expenses of the Government for the fiscal year ending June thirtieth,
eighteen hundred and eighty-four, and for other purposes" (approved
March 3, 1883, c. 143, 22 Stat. 632) is repealed.
(2) The eighth paragraph under the heading " SENATE" of the
Deficiency Appropriation Act, fiscal year 1934 (approved June 19, 1934,
c 648, title 1, sec. 1, 48 Stat. 1022; 2 U.S.C. 33) is amended by
striking out "monthly".
(c) On and after the effective date of the amendments and repeals
made by this section, section 39 of the Revised Statutes (2 U.S.C. 35)
// 2 USC 35a. // shall not be construed as being applicable to a
Senator.
(d) Section 40 of the Revised Statutes (2 U.S.C. 39) is amended by
inserting "(or other periodic payments authorized by law)" immediately
after "monthly payments".
(e) The amendments and repeals made by this section // 2 USC 33 //
shall be effective in the case of compensation payable for months after
December 1981.
Sec. 113. // 2 USC 64 - 2 // Hereafter, the Secretary of the Senate
as Disbursing Officer of the Senate is authorized to make such transfers
between appropriations of funds available for disbursement by him for
fiscal year 1982, as he deems appropriate, subject to the customary
reprograming procedures of the Committee on Appropriations of the
Senate.
Sec. 114. // 2 USC 61a - 11 // Effective October 1, 1981, all
statutory positions in the Office of the Secretary (other than the
positions of the Secretary of the Senate, Assistant Secretary of the
Senate, Parliamentarian, Financial Clerk, and Director of the Office of
Classified National Security Information) are abolished, and in lieu of
the positions hereby abolished the Secretary of the Senate is authorized
to establish such number of positions as he deems appropriate and
appoint and fix the compensation of employees to fill the positions so
established; except that the annual rate of compensation payable to any
employee appointed to fill any position established by the Secretary of
the Senate shall not, for any period of time, be in excess of $1,000
less than the annual rate of compensation of the Secretary of the Senate
for that period of time; and except that nothing in this section shall
be construed to affect any position authorized by statute, if the
compensation for such position is to be paid from the contingent fund of
the Senate.
Sec. 115. Effective October 1, 1981, section 105 of the Legislative
Branch Appropriation Act, 1979 (2 U.S.C. 72a note) is reenacted with the
following amendments--,
(1) in subsection (a), strike out " October 1, 1978, and ending
on December 31, 1980," and insert in lieu thereof " October 1,
1981, and ending September 30, 1986,", and
(2) at the end thereof add the following new subsection:
"(e) All records, documents, and data in the office for which funds
were made available under Senate Resolution Numbered 570, Ninety-sixth
Congress, are transferred to the Office established by subsection (a).".
Sec. 116. // 2 USC 61f - 7. // Effective October 1, 1981, all
statutory positions in the Office of the Sergeant at Arms and Doorkeeper
of the Senate (other than the positions of the Sergeant at Arms and
Doorkeeper of the Senate, Deputy Sergeant at Arms and Doorkeeper, and
Administrative Assistant) are abolished, and in lieu of the positions
hereby abolished the Sergeant at Arms and Doorkeeper of the Senate is
authorized to establish such number of positions as he deems appropriate
and appoint and fix the compensation of employees to fill the positions
so established; except that the annual rate of compensation payable to
any employee appointed to fill any position established by the Sergeant
at Arms and Doorkeeper of the Senate shall not, for any period of time,
be in excess of $1,000 less than the annual rate of compensation of the
Sergeant at Arms and Doorkeeper of the Senate for that period of time;
and except that nothin in this section shall be construed to affect any
position authorized by statute, if the compensation for such position is
to be paid from the contingent fund of the Senate.
Sec. 117. // 2 USC 61f - 8. // For each fiscal year (beginning with
the fiscal year which ends September 30, 1982), the Sergeant at Arms and
Doorkeeper of the Senate is hereby authorized to expend from the
contingent fund of the Senate an amount not to exceed $60,000 for:
(1) the procurement of individual consultants, on a temporary
or intermittent basis, at a daily rate of compensation not 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 with the prior consent of the Committee on
Rules and Administration; and
(2) with the prior consent of the Government department or
agency concerned and the Committee on Rules and Administration,
use on a reimbursable basis (with reimbursement payable at the end
of each calendar quarter for services rendered during such
quarter) of the services of personnel of any such department or
agency.
Payments made under this section shall be made upon vouchers approved by
the Sergeant at Arms and Doorkeeper of the Senate.
Sec. 118. Section 103 of the Legislative Branch Appropriation Act,
1978 (2 U.S.C. 59c) is amended to read as follows:
" Sec. 103. Effective October 1, 1981, the Sergeant at Arms and
Doorkeeper of the Senate is authorized to dispose of used or surplus
furniture and equipment by trade-in or by sale directly or through the
General Services Administration. Receipts from the sale of such
furniture and equipment shall be deposited in the United States Treasury
for credit to the appropriation for ' Miscellaneous Items' under the
heading ' Contingent Expenses of the Senate'.".
Sec. 119. // 2 USC 65c. // (a) Notwithstanding any other provision
of law, there is hereby established an account, within the Senate, to be
known as the " Expense Allowance for the Secretary of the Senate,
Sergeant at Arms and Doorkeeper of the Senate and Secretaries for the
Majority and for the Minority, of the Senate" (hereinafter in this
section referred to as the " Expense Allowance"). For each fiscal year
(commencing with the fiscal year ending September 30, 1981) there shall
be available from the Expense Allowance an expense allotment not to
exceed $2,000 for each of the above specified officers. Amounts paid
from the expense allotment of any such officer shall be paid to him only
as reimbursement for actual expenses incurred by him and upon
certification and documentation by him of such expenses. Amounts paid
to any such officer pursuant to this section shall not be reported as
income and shall not be allowed as a deduction under the Internal
Revenue Code of 1954. // 26 USC 1 //
(b) For the fiscal year ending September 30, 1981, and the succeeding
fiscal year, the Secretary of the Senate shall transfer, for each such
year, $8,000 to the Expense Allowance from " Miscellaneous Items" in the
contingent fund of the Senate. For the fiscal year ending September 30,
1983, and for each fiscal year thereafter, there are authorized to be
appropriated to the Expense Allowance such funds as may be necessary to
carry out the provisions of subsection (a) of this section.
Sec. 120. // 2 USC 61g - 6. // For each fiscal year (beginning with
the fiscal year which ends September 30, 1982) there is authorized to be
expended from the contingent fund of the Senate an amount, not in excess
of $30,000, for the Conference of the Majority and an equal amount for
the Conference of the Minority. Payments under this section shall be
made only for expenses actually incurred by such a Conference in
carrying out its functions, and shall be made upon certification and
documentation of the expenses involved, by the Chairman of the
Conference claiming payment hereunder and upon vouchers approved by such
Chairman and by the Committee on Rules and Administration.
Sec. 121. // 2 USC 61d. // Notwithstanding the provisions of this
joint resolution or any other provision of law, effective October 1,
1981, the compensation of the Chaplain of the Senate shall be $52,750 in
lieu of $40,110.
Sec. 122. Subsection (c) of section 506 of the Supplemental
Appropriations Act, 1973 (2 U.S.C. 58(c)) is repealed effective January
1, 1982.
Sec. 123. For the purposes of this joint resolution section 304 of
H.R. 4120 shall be deemed to read as follows:
" Sec. 304. (a) Subsections (c) and (d) of section 491 of the
Legislative Reorganization Act of 1970 (Public Law 91 - 510; 2 United
States Code 88b - 1 (c) and (d)) are repealed.
"(b) Section 303 of the Supplemental Appropriations Act, 1979 (Public
Law 96 - 38) is repealed.". // 2 USC 88b - 1 //
Sec. 124. // 5 USC 5348 // For the purposes of this joint resolution
in applying section 305(c) of H.R. 4120, the term "20 per centum" shall
be substituted for "25 per centum".
Sec. 125. The first sentence of section 110(a) of the Supplemental
Appropriations and Rescission Act, 1981 (Public Law 97 - 12) // 2 USC
58b. // is amended by inserting immediately before the period at the
end thereof the following: "; except that the total amount so
transferred from any such balance remaining as of the close of the
fiscal year 1982 shall not exceed an amount equal to $15,000 or 25 per
centum of the amount of such Senator's Official Office Expense Account,
whichever is greater, as determined under section 506(b)(1) of the
Supplemental Appropriations Act, 1973 (2 U.S.C. 58(b)(1)), for the
calendar year 1982".
Sec. 126. The second proviso of the paragraph of section 101 of the
Legislative Branch Appropriation Act, 1974, which appears under the
heading " COMMITTEE EMPLOYEES" (87 Stat. 529; 2 U.S.C. 68 -1) is
amended by striking out "one committee employee" and inserting in lieu
thereof "the committee Auditor and the committee Assistant Auditor".
Sec. 127. // 2 USC 42a. // (a)(1) The Secretary of the Senate is
authorized and directed to procure and furnish each fiscal year
(commencing with the fiscal year ending September 30, 1982) to the
President of the Senate, upon request by such person, United States
special delivery postage stamps in such amount as may be necessary for
the mailing of postal matters arising in connection with his official
business.
(2) That part of the paragraph under the heading " Contingent
Expenses of the Senate", relating to the procurement of air mail and
special delivery postage stamps by the Secretary of the Senate,
appearing under the heading " SENATE" in the Legislative Branch
Appropriation Act, 1942, as amended and supplemented (2 U.S.C. 42a), is
hereby repealed.
(b)(1) The Secretary of the Senate is authorized and directed to
procure and furnish each fiscal year (commencing with the fiscal year
ending September 30, 1982) to the Chaplain of the Senate, upon the
request of the Chaplain of the Senate, United States postage stamps in
such amounts as may be necessary for the mailing of postal matters
arising in connection with his official business.
(2) That paragraph of the Second Supplemental Appropriations Act,
1976, with the caption " POSTAGE STAMPS" and relating to postage
allowance for the Office of the Chaplain of the Senate, appearing under
the heading " SENATE", in the matter prceding section 115 of such Act (2
U.S.C. 61d 2 2), is hereby repealed.
Sec. 128. // 2 USC 61e - 3. // In the event of the death,
resignation, or disability of the Sergeant at Arms and Doorkeeper of the
Senate, the Deputy Sergeant at Arms and Doorkeeper shall act as Sergeant
at Arms and Doorkeeper of the Senate in carrying out the duties and
responsibilities of that office in all matters until such time as a new
Sergeant at Arms and Doorkeeper of the Senate shall have been elected
and qualified or such disability shall have been ended. For purposes of
this section, the Sergeant at Arms and Doorkeeper of the Senate shall be
considered as disabled only during such period of time as the Majority
and Minority Leaders and the President Pro Tempore of the Senate certify
jointly to the Senate that the Sergeant at Arms and Doorkeeper of the
Senate is unable to perform his duties. In the event that the Sergeant
at Arms and Doorkeeper of the Senate is absent, the Deputy Sergeant at
Arms and Doorkeeper shall act during such absence as the Sergeant at
Arms and Doorkeeper of the Senate in carrying out the duties and
responsibilities of the office in all matters.
Sec. 129. Of the unexpended balance of the funds appropriated for
the Senate under the appropriation account heading " Salaries, Officers
and Employees" for the fiscal year ending September 30, 1980, $1,505,000
is recinded.
Sec. 130. (a) In section 323(a) of the Federal Election Campaign Act
of 1971 (2 U.S.C. 441(a))--,
(1) strike out all after "shall accept" down to and including
"(1) any" and insert "shall accept any"; and
(2) strike out all after the word "speech," down to and
including" "year." and insert" or article.".
(b) In section 102 (a)(1)(A) of the Ethics in Government Act of 1978
(2 U.S.C. 702 (a)(1)(A)), after the word "source" where it appears the
last time in the paragraph insert "including speeches, appearances,
articles, or other publications".
(c) Effective beginning with fiscal year 1983, and continuing each
year thereafter, such sums as hereafter may be necessary for "
Compensation of Members" (and administrative expenses related thereto),
as authorized by law and at such level recommended by the President for
Federal employees for that fiscal year are hereby appropriated from
money in the Treasury not otherwise appropriated. Such sums when paid
shall be in lieu of any sums accrued in prior years but not paid. For
purposes of this subsection, the term " Member" means each Member of the
Senate and the House of Representatives, the Resident Commissioner from
Puerto Rico, the Delegates from the District of Columbia, Guam, Virgin
Islands, and American Samoa, and the Vice President.
Sec. 131. Sections 111 through 130 and sections 139 through 141 of
this joint resolution shall be effective without regard to the
provisions of sections 102 and 106 of this joint resolution.
Sec. 132. Effective September 23, 1981, the appropriation "
Operations, research, and facilities" of the National Oceanic and
Atmospheric Administration for Fiscal Year 1981 is amended by adding
"puchase (one)," before the words "maintenance, operation, and hire of
aircraft".
Sec. 133. Notwithstanding any other provision of this joint
resolution, such sums as may be necessary shall be available during
fiscal year 1982 for close-out expenses of the Community Services
Administration.
Sec. 134. Notwithstanding any other provision of this joint
resolution, none of the appropriations and funds made available and none
of the authority granted pursuant to this joint resolution shall be
available for payments under section 5(b)(2) of Public Law 81 - 874. //
20 USC 240. //
Sec. 135. Notwithstanding any other provision of this joint
resolution, for the acquisition and transportation of petroleum for the
Strategic Petroleum Reserve such amount as provided in section 101 of
this joint resolution shall be pursuant to and in accordance with
section 167 of the Energy Policy and Conservation Act of 1975 (Public
Law 94 - 163), as amended by the Omnibus Budget Reconciliation Act of
1981 (Public Law 97 - 35).
Sec. 136. Notwithstanding any other provision of this joint
resolution, the Department of Defense is authorized to obligate and
expend not more than $600,000 of the funds provided by this joint
resolution to support the Yorktown Bicentennial Celebration and to
participate in and support such celebration as would be authorized by
the Department of Defense Authorization Act, 1982, as passed by the
Senate on May 14, 1981.
Sec. 137. Notwithstanding any other provision of law or this joint
resolution, $250,000,000 shall be available for loans to be guaranteed
under the Rural Development Insurance Fund for alcohol production
facilities to applicants that the Secretary of Agriculture determines
are qualified to receive such guarantees, and $93,200,000 shall be
available for the Elderly Feeding Program authorized by section 311 of
the Older Americans Act. // 42 USC 3030a. //
Sec. 138. Notwithstanding any other provision of this joint
resolution, $125,000,000 shall be available for expenses necessary for
the participation of the United States in a Multinational Force and
Observers to implement the Treaty of Peace between Egypt and Israel:
Provided, That the facilities constructed by use of these funds shall
not be available for participation of United States troops in the
Multinational Force and Observers in the Sinai without prior
authorization by Congress for the participation of United States troops.
Sec. 139. // 26 USC 162 // (a) It is the sense of the Congress that
the dollar limits on tax deductions for living expenses of Members of
Congress while away from home shall be the same as such limits for
businessmen and other private citizens.
(b)(1) The last sentence of section 162(a) of the Internal Revenue
Code of 1954 // 26 USC 162. // is amended by striking out all after
"home" and inserting in lieu thereof a period.
(2) Public Law 471, Eighty-second Congress, approved July 9, 1952 (66
Stat. 464), is amended by striking out the proviso in the second
paragraph of the matter under the heading " HOUSE OF REPRESENTATIVES,
Salaries, Mileage, and Expenses of Members" (66 Stat. 467; 2 U.S.C.
31c).
(3) The amendments made by this subsection // 26 USC 162 // shall
apply to taxable years beginning after December 31, 1981.
Sec. 140. None of the funds appropriated in this joint resolution
shall be used to fund in excess of 8,037 full-time officers and
employees of the Senate of the United States and full-time officers and
employees in the Office of the Architect of the Capitol who are assigned
to the Senate. The Committee on Rules and Administration, in
cooperation with the Committee on Appropriations in the Senate, shall
establish rules and regulations for the equitable allocation among the
offices and committees of the Senate and the Office of the Architect of
the Capitol of the total number of full-time officers and employees
established by the preceding limitation.
Sec. 141. None of the funds appropriated in this joint resolution
shall be used for the development, initiation, or implementation of
plans, drawings, architectural engineering work, design work, site
preparation or acquisition for or the construction of any new Senate
office building or addition to existing Senate office buildings. This
provision does not apply to the construction and completion of the
Philip A. Hart Senate Office Building currently under construction.
Approved October 1, 1981.
LEGISLATIVE HISTORY-H.J. Res. 325:
HOUSE REPORT No. 97 - 223 (Comm. on Appropriations) and No. 97 - 260
(Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 127 (1981):
Sept. 16, considered and passed House.
Sept. 24, 25, considered and passed Senate, amended.
Sept. 30, House agreed to conference report; receded from its
disagreement and concurred with amendments to certain Senate
amendments. Senate agreed to conference report; resolved
amendments in disagreement.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 17, No. 40 (1981):
Oct. 1, Presidential statement.
PUBLIC LAW 97-50, 95 STAT, 957
Energy Policy and Conservation
Act.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 252(j) of
the Energy Policy and Conservation Act (42 U.S.C. 6272(j)) is amended by
striking " September 30, 1981" and inserting in its place " April 1,
1982".
Approved September 30, 1981.
LEGISLATIVE HISTORY-S. 1475:
SENATE REPORT No. 97 - 254 (Comm. on Energy and Commerce).
CONGRESSIONAL RECORD, Vol. 127 (1981):
Sept. 22, considered and passed Senate.
Sept. 29, considered and passed House.
PUBLIC LAW 97-49, 95 STAT, 956
limit.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That during the period
beginning on October 1, 1981, and ending on September 30, 1982, the
public debt limit set forth in the first sentence of section 21 of the
Second Liberty Bond Act (31 U.S.C. 757b) // 31 USC 757b // shall be
temporarily increased by $679,800,000,000.
Approved September 30, 1981.
LEGISLATIVE HISTORY-H.J. Res. 265:
CONGRESSIONAL RECORD, Vol. 127 (1981):
May 21, considered and passed House.
Sept. 25, 28, 29, considered and passed Senate.
PUBLIC LAW 97-48, 95 STAT, 955
limit.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That during the period
beginning on the date of the enactment of this Act // 31 USC 757 // and
ending on September 30, 1981, the public debt limit set forth in the
first sentence of section 21 of the Second Liberty Bond Act (31 U.S.C.
757b) shall be temporarily increased by $599,800,000,000.
Approved September 30, 1981.
LEGISLATIVE HISTORY-H.J. Res. 266:
CONGRESSIONAL RECORD, Vol. 127 (1981):
May 21, considered and passed House.
Sept. 29, considered and passed Senate.
PUBLIC LAW 97-47, 95 STAT, 954
Production Act of 1950.
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 717(a) of the Defense Production Act of 1950 (50 U.S.C. App.
2166(a)) // 94 Stat. 633. // is amended by striking out " September 30,
1981" and inserting in lieu thereof " September 30, 1982".
Sec. 2. Section 10(b) of Public Law 96 - 389 (31 U.S.C. 822a note)
// 94 Stat. 1555. // is amended by striking out "one year after the
date of enactment of this Act" and inserting in lieu thereof " March 31,
1982".
Approved September 30, 1981.
LEGISLATIVE HISTORY-H.R. 2903 (S. 1135):
HOUSE REPORT No. 97 - 48 (Comm. on Banking, Finance, and Urban
Affairs).
SENATE REPORT No. 97 - 93 accompanying S. 1135 (Comm. on Banking,
Housing, and Urban Affairs).
CONGRESSIONAL RECORD, Vol. 127 (1981):
July 13, considered and passed House.
Sept. 22, considered and passed Senate, amended, in lieu of S.
1135.
Sept. 24, House concurred in Senate amendment.
PUBLIC LAW 97-46, 95 STAT, 953
emergency basis, in the
eradication of plant pests and contagious or infectious
animal and poultry
diseases.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Secretary of
Agriculture may, in connection with emergencies which threaten any
segment of the agricultural production industry of this country,
transfer from other appropriations or funds available to the agencies or
corporations of the Department of Agriculture such sums as the Secretary
may deem necessary, to be available only in such emergencies for the
arrest and eradication of plant pests or contagious or infectious
diseases of animals or poultry, and for expenses in accordance with
section 102 of the Act of September 21, 1944, as amended (7 U.S.C.
147a), // 7 USC 147b. // and the Act of February 28, 1947, as amended
(21 U.S.C. 114b).
Sec. 2. The provisions of this Act // 7 USC 147b // shall become
effective upon enactment.
Approved September 25, 1981.
LEGISLATIVE HISTORY-H.R. 4416:
CONGRESSIONAL RECORD, Vol. 127 (1981):
Sept. 9, considered and passed House.
Sept. 11, considered and passed Senate.
PUBLIC LAW 97-45, 95 STAT, 949, PRODUCT LIABILITY RISK RETENTION ACT
OF 1981.
product liability risk retention
groups, to facilitate the ability of such sellers to
purchase product liability insurance
on a group basis, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1. This Act // 15 USC 3901. // may be cited as the "
Product Liability Risk Retention Act of 1981".
Sec. 2. (a) As used in this Act--, // 15 USC 3901. //
(1) "completed operations liability" means liability arising
out of the installation, maintenance, or repair of any product at
a site which is not owned or controlled by--,
but shall include liability for activities which are completed or
abandoned before the date of the occurrence giving rise to the
liability;
(2) "insurance" means primary insurance, excess insurance,
reinsurance, surplus lines insurance, and any other arrangement
for shifting and distributing risk which is determined to be
insurance under applicable State or Federal law;
(3) "product liability" means liability for damages because of
any personal injury, death, emotional harm, consequential economic
damage, or property damage (including damages resulting from the
loss of use of property) arising out of the manufacture, design,
importation, distribution, packaging, labeling, lease, or sale of
a product, but does not include the liability of any person for
those damages if the product involved was in the possession of
such a person when the incident giving rise to the claim occurred;
(4) "risk retention group" means any corporation or other
limited liability association taxable as a corporation, or as an
insurance company, formed under the laws of any State, Bermuda, or
the Cayman Islands--,
or
completed operations liability risk exposure of its
group
members;
conducting
the activity described under subparagraph (A);
company
and authorized to engage in the business of insurance
under the laws of any State, or which is so chartered
or
licensed and authorized before January 1, 1985, under
the
laws of Bermuda or the Cayman Islands, except that
any
group so chartered or licensed and authorized under the
laws of Bermuda or the Cayman Islands shall be
considered
to be a risk retention group only after it has
certified to the
insurance commissioner of at least one State that it
satisfies
the capitalization requirements of such State;
group a
competitive advantage over such a person; and
importation,
distribution, packaging, labeling, lease, or sale of a
product
or products;
(5) "purchasing group" means any group of persons which has as
one of its purposes the purchase of product liability or completed
operations liability insurance on a group basis; and
(6) " State" means any State of the United States or the
District of Columbia.
(b) The definition of "product liability" in paragraph (4) of
subsection (a) of this section shall not be construed to affect either
the tort law or the law governing the interpretation of insurance
contracts of any State.
Sec. 3. (a) Except as provided in this section, // 15 USC 3902. //
a risk retention group is exempt from any State law, rule, regulation,
or order to the extent that such law, rule, regulation, or order
would--,
(1) make unlawful, or regulate, directly or indirectly, the
operation of a risk retention group except that the jurisdiction
in which it is chartered may regulate the formation and operation
of such a group and any State may require such a group to--,
and
surplus lines insurers, brokers, or policyholders under
the
laws of the State;
mechanism
established or authorized under the law of the State
for the equitable apportionment among insurers of
product
liability or completed operations liability insurance
losses
and expenses incurred on policies written through such
mechanism;
laws of a
State relating solely to product liability or
completed operations
liability insurance losses and expenses;
commissioner
as its agent solely for the purpose of receiving
service of legal documents or process, and, upon
request,
furnish such commissioner a copy of any financial report
submitted by the risk retention group to the
commissioner of
the chartering or licensing jurisdiction;
if--,
commissioner
if the commissioner of the jurisdiction in which the
group is
chartered has failed to initiate such a proceeding
after notice
of a finding of financial impairment under subparagraph
(F)
of this paragraph;
(2) require or permit a risk retention group to participate in
any insurance insolvency guaranty association to which an insurer
licensed in the State is required to belong;
(3) require any insurance policy issued to a risk retention
group or any member of the group to be countersigned by an
insurance agent or broker residing in that State; or
(4) otherwise discriminate against a risk retention group or
any of its members, except that nothing in this section shall be
construed to affect the applicability of State laws generally
applicable to persons or corporations.
(b) The exemptions specified in subsection (a) apply to--,
(1) product liability or completed operations liability
insurance coverage provided by a risk retention group for--,
(2) the sale of product liability or completed operations
liability insurance coverage for a risk retention group; and
(3) the provision of insurance related services or management
services for a risk retention group or any member of such group.
(c) A State may require that a person acting, or offering to act, as
an agent or broker for a risk retention group obtain a license from that
State, except that a State may not impose any qualification or
requirement which discriminates against a nonresident agent or broker.
Sec. 4. (a) Except as provided in this section, // 15 USC 3903. //
a purchasing group is exempt from any State law, rule, regulation, or
order to the extent that such law, rule, regulation, or order would--,
(1) prohibit the establishment of a purchasing group;
(2) make it unlawful for an insurer to provide or offer to
provide insurance on a basis providing, to a purchasing group or
its members, advantages, based on their loss and expense
experience, not afforded to other persons with respect to rates,
policy forms, coverages, or other matters;
(3) prohibit a purchasing group or its members from purchasing
insurance on the group basis described in paragraph (2) of this
subsection;
(4) prohibit a purchasing group from obtaining insurance on a
group basis because the group has not been in existence for a
minimum period of time or because any member has not belonged to
the group for a minimum period of time;
(5) require that a purchasing group must have a minimum number
of members, common ownership or affiliation, or a certain legal
form;
(6) require that a certain percentage of a purchasing group
must obtain insurance on a group basis;
(7) require that any insurance policy issued to a purchasing
group or any members of the group be countersigned by an insurance
agent or broker residing in that State; or
(8) otherwise discriminate against a purchasing group or any of
its members.
(b) The exemptions specified in subsection (a) apply to--,
(1) product liability or completed operations liability
insurance, and comprehensive general liability insurance which
includes either of these coverages, provided to--,
(2) the provision of--,
and comprehensive general liability coverage;
to a purchasing group or member of the group.
(c) A State may require that a person acting, or offering to act, as
an agent or broker for a purchasing group obtain a license from that
State, except that a State may not impose any qualification or
requirement which discriminates against a nonresident agent or broker.
Sec. 5. // 15 USC 3904. // (a) The ownership interests of members in
a risk retention group shall be--,
(1) considered to be exempted securities for purposes of
section 5 of the Securities Act of 1933
// 15 USC 77e. //
and for purposes of section 12 of the Securities Exchange Act of
1934;
// 15 USC 78l. //
and
(2) considered to be securities for purposes of the provisions
of section 17 of the Securities Act of 1933
// 15 USC 77q. //
and the provisions of section 10 of the Securities Exchange Act of
1934.
// 15 USC 78j. //
(b) A risk retention group shall not be considered to be an
investment company for purposes of the Investment Company Act of 1940
(15 U.S.C. 80a-1 et seq.).
(c) The ownership interests of members in a risk retention group
shall not be considered securities for purposes of any State blue sky
law.
Approved September 25, 1981.
LEGISLATIVE HISTORY-H.R. 2120 (S. 1096):
HOUSE REPORT No. 97 - 190 (Comm. on Energy and Commerce).
SENATE REPORT No. 97 - 172 accompanying S. 1096 (Comm. on Commerce,
Science, and Transportation).
CONGRESSIONAL RECORD, Vol. 127 (1981):
July 28, considered and passed House.
Sept. 11, considered and passed Senate in lieu of S. 1096.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 17, No. 39 (1981):
Sept. 25, Presidential statement.
PUBLIC LAW 97-44, 95 STAT, 948
week of September 20
through 26, 1981, as " National Cystic Fibrosis
Week".
Whereas cystic fibrosis is the number one genetic killer of children
in America, and between one thousand five hundred and two thousand five
hundred are born each year in this country with the disease; and
Whereas public understanding of cystic fibrosis is essential to
enhance early detection and treatment of the disease and reduce the
misunderstanding and confusion concerning the symptoms of cystic
fibrosis; and
Whereas a national awareness of the cystic fibrosis problem will
stimulate interest and concern leading to increased research and
eventually a cure for cystic fibrosis: 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 September 20
through 26, 1981, is designated as " National Cystic Fibrosis 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 ceremonies and activities.
Approved September 17, 1981.
LEGISLATIVE HISTORY-S.J. Res. 62:
CONGRESSIONAL RECORD, Vol. 127 (1981):
July 31, considered and passed Senate.
Sept. 15, considered and passed House.
PUBLIC LAW 97-43, 95 STAT, 947
September 13, 1981, as " Commodore
John Barry Day".
Whereas Commodore John Barry, hero of the American Revolution and
holder of the first Commission in the United States Navy, was born on
September 13, 1745, in County Wexford, Ireland;
Whereas Commodore Barry was commissioned to command the brig
Lexington, the first ship bought and equipped for the Revolution, and
became a national hero with the first capture of an enemy warship in
actual battle;
Whereas following the Revolution, when the sovereignty of this new
Nation was threatened by pirates, Commodore Barry was placed in command
of the first ships authorized under the new Constitution and was named
senior captain of the United States Navy in 1794;
Whereas Commodore Barry is considered as the father of the United
States Navy; and
Whereas Commodore Barry was honored by the United States Congress in
1906, when a statue was commissioned and later placed in Lafayette Park,
Washington, District of Columbia, and honored again some fifty years
later when the Congress authorized a statue to be presented in his name
to the people of County Wexford, Ireland: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the President is
authorized and requested to designate September 13, 1981, as " Commodore
John Barry Day", as a tribute to the father of the United States Navy,
and to call upon Federal, State, and local government agencies and the
people of the United States to observe such day with appropriate
ceremonies and activities.
Approved August 20, 1981.
LEGISLATIVE HISTORY-S.J. Res. 87:
CONGRESSIONAL RECORD, Vol. 127 (1981):
July 31, considered and passed Senate.
Aug. 4, considered and passed House.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 17, No. 34 (1981):
Aug. 20, Presidential statement.
PUBLIC LAW 97-42, 95 STAT, 946, SACCHARIN STUDY AND LABELING ACT
AMENDMENTS OF 1981
Amendment of 1981".
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act // 21 USC
301 // may be cited as the " Saccharin Study and Labeling Act Amendment
of 1981".
Sec. 2. The Saccharin Study and Labeling Act is amended by striking
from section 3 " June 30, 1981" and inserting in lieu thereof
"twenty-four months after the date of enactment of the Saccharin Study
and Labeling Act Amendment of 1981".
Approved August 14, 1981.
LEGISLATIVE HISTORY-S. 1278:
SENATE REPORT: No. 97 - 140 (Comm. on Labor and Human Resources).
CONGRESSIONAL RECORD, Vol. 127 (1981):
June 25, considered and passed Senate.
July 31, considered and passed House.
PUBLIC LAW 97-41, 95 STAT, 945
Verde Irrigation District
Diversion Dam, California.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Act of August
31, 1954 (68 Stat. 1045) // 15 USC 714b. // is amended by striking
subsection 2(c) and inserting in lieu thereof the following:
"(c) to accept title to said dam, appurtenant works, lands, and
interests in land upon payment by the district (which payment
shall be made over a period of not more than fifty years) of the
sum of $1,175,000, and upon repayment of any loan made pursuant to
section 4, clause (c), of this Act;
"(d) notwithstanding any provision of the Federal Power Act (16
U.S.C. 792 et seq.), to the contrary, the Palo Verde Irrigation
District, California, shall have the exclusive right to utilize
said dam, appurtenant works, lands, and interests in land for the
development, generation, transmission, and disposal of electric
power and energy pursuant to a license from the Federal Energy
Regulatory Commission under part I of the Federal Power Act:
Provided, That if the Palo Verde Irrigation District, California,
after the date of enactment of this subsection shall notify the
Secretary of the Interior that it relinquishes the right granted
in this subsection there shall be and is hereby reserved to the
United States or there shall be made available to it, as the case
may require, the exclusive right to utilize, without cost to it,
said dam, appurtenant works, lands, and interests in land for such
development, generation, and transmission of electric power and
energy as may hereafter be authorized by law: Provided further,
That in the event it becomes practicable for the United States to
develop hydroelectric energy at this site, the division of such
energy between the United States and the district shall be a
matter of negotiation prior to construction of any powerplant.".
Approved August 14, 1981.
LEGISLATIVE HISTORY-S. 875:
HOUSE REPORT No. 97 - 209 (Comm. on Interior and Insular Affairs).
SENATE REPORT No. 97 - 60 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 127 (1981):
May 14, considered and passed Senate.
Aug. 4, considered and passed House.
PUBLIC LAW 97-40, 95 STAT, 944
Governmental Reorganization
Act to extend the authority of the Mayor to accept
certain interim loans
from the United States and to extend the authority of
the Secretary of the
Treasury to make such loans.
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 - 241 note) is amended by striking out " October
1, 1980, or upon enactment of the fiscal year 1981 appropriation Act for
the District of Columbia government, whichever is later" in the first
sentence and inserting in lieu thereof " October 1, 1982, or the date of
the enactment of the appropriation Act for the fiscal year ending
September 30, 1983, for the government of the District of Columbia,
whichever is later".
Approved August 14, 1981.
LEGISLATIVE HISTORY-S. 640 (H.R. 2818):
HOUSE REPORT No. 97 - 43 accompanying H.R. 2818 (Comm. on the
District of Columbia).
SENATE REPORT No. 97 - 79 (Comm. on Governmental Affairs).
CONGRESSIONAL RECORD, Vol. 127 (1981):
June 3, considered and passed Senate.
July 27, H.R. 2818 considered and passed House; proceedings
vacated and S. 640, amended, passed in lieu.
Aug. 3, Senate concurred in House amendments.
PUBLIC LAW 97-39, 95 STAT, 939, DEPARTMENT OF DEFENSE SUPPLEMENTAL
AUTHORIZATION ACT, 1981
year 1981 for the Armed Forces
for procurement of aircraft, missiles, naval vessels,
and tracked combat vehicles
and for research, development, test, and evaluation, to
increase the authorized
personnel end strengths for military and civilian
personnel of the Department of
Defense for such fiscal year, to authorize
supplemental appropriations for such
fiscal year for construction at certain military
installations, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may be
cited as the " Department of Defense Supplemental Authorization Act,
1981".
Sec. 101. In addition to the funds authorized to be appropriated
under title I of the Department of Defense Authorization Act, 1981
(Public Law 96 - 342; 94 Stat. 1077), funds are hereby authorized to be
appropriated for fiscal year 1981 for the use of the Armed Forces for
procurement of aircraft, missiles, naval vessels, and tracked combat
vehicles, as authorized by law, in amounts as follows:
For aircraft: for the Army, $128,000,000; for the Navy and Marine
Corps, $143,600,000; for the Air Force, $716,625,000.
For missiles: for the Army, $27,000,000; for the Air Force,
$205,869,000; for the Marine Corps, $10,700,000.
For naval vessels: for the Navy, $149,900,000.
For tracked combat vehicles: for the Army, $796,000,000; for the
Marine Corps, $11,300,000.
Sec. 201. In addition to the funds authorized to be appropriated
under title II of the Department of Defense Authorization Act, 1981 (94
Stat. 1079), funds are hereby authorized to be appropriated for fiscal
year 1981 for the use of the Armed Forces for research, development,
test, and evaluation, as authorized by law, in amounts as follows:
For the Army, $83,463,000.
For the Navy (including the Marine Corps), $138,067,000.
For the Air Force, $242,462,000.
For the Defense Agencies, $16,936,000.
STRENGTHS
Sec. 301. Section 301 of the Department of Defense Authorization
Act, 1981 (94 Stat. 1082), is amended by striking out "775,300",
"537,456", "188,100", and "564,500" and inserting in lieu thereof
"780,000", "540,456", "190,600", and "569,000", respectively.
AUTHORIZED TO BE
ON FULL-TIME ACTIVE DUTY ON SEPTEMBER 30, 1981,
IN SUPPORT OF
THE MARINE CORPS RESERVE.
Sec. 401. Section 401(b)(4) of the Department of Defense
Authorization Act, 1981 (94 Stat. 1084), is amended by striking out "67"
and inserting in lieu thereof "133".
FOR THE
DEPARTMENT OF DEFENSE AS OF SEPTEMBER 30, 1981
Sec. 501. Section 501(a) of the Department of Defense Authorization
Act, 1981 (94 Stat. 1085), is amended by striking out "986,000" and
inserting in lieu thereof "1,012,250".
Sec. 601. (a) In addition to the amounts authorized for acquisition
and construction by title I of the Military Construction Authorization
Act, 1981 (Public Law 96 - 418; 94 Stat. 1749), the following amount is
authorized for the location specified:
Various Locations, $1,800,000.
(b) There is authorized to be appropriated for fiscal year 1981 for
the purpose of subsection (a) the sum of $1,800,000.
Sec. 602. (a) In addition to the amounts authorized for acquisition
and construction by title II of the Military Construction Authorization
Act, 1981 (94 Stat. 1752), the following amount is authorized for the
location specified:
Marine Corps Air Station, El Toro, California, $2,000,000.
(b) There is authorized to be appropriated for fiscal year 1981 for
the purpose of subsection (a) the sum of $2,000,000.
Sec. 603. (a) In addition to the amounts authorized for acquisition
and construction by title III of the Military Construction Authorization
Act, 1981 (94 Stat. 1756), the following amounts are authorized for the
locations specified:
Laughlin Air Force Base, Texas, $4,700,000.
K.I. Sawyer Air Force Base, Michigan, $540,000.
Various Locations, Special Project, $50,000,000.
(b) There is authorized to be appropriated for fiscal year 1981 for
the purpose of subsection (a) the sum of $55,240,000.
AGENCIES
Sec. 604. (a) In addition to the amount specified for minor
construction projects by section 403 of the Military Construction
Authorization Act, 1981 (94 Stat. 1761), the Secretary of Defense is
authorized to accomplish minor construction projects under section 2674
of title 10, United States Code, in the amount of $900,000.
(b) There is authorized to be appropriated for fiscal year 1981 for
the purpose of subsection (a) the sum of $900,000.
Sec. 605. Section 510(a) of the Military Construction Authorization
Act, 1981 (94 Stat. 1767), is amended--,
(1) by striking out "$276,100,000" in clause (1) and inserting
in lieu thereof "$260,078,000"; and
(2) by striking out "$1,880,760,000" in clause (2) and
inserting in lieu thereof "$1,896,782,000".
Sec. 606. In addition to the amount specified in section 701(3)(A)
of the Military Construction Authorization Act, 1981 (94 Stat. 1774),
the Secretary of Defense may establish or develop facilities for the Air
National Guard of the United States in an amount not to exceed
$6,500,000.
Sec. 607. (a) Authorizations contained in this title shall be
subject to the authorizations and limitations of the Military
Construction Authorization Act, 1981 (94 Stat. 1749), in the same manner
as if such authorizations had been included in the Act.
(b) For the purposes of the limitations set forth in section 603 of
the Military Construction Authorization Act, 1981 (94 Stat. 1768), // 94
Stat. 1749 - 1763. // the amounts authorized to be appropriated for
titles I through V of that Act shall be deemed to be increased,
respectively, by the amounts authorized to be appropriated by sections
601 through 605. // 94 Stat. 1768 - 1770. //
HOUSING
UNITS AT TINKER AIR FORCE BASE, OKLAHOMA
Sec. 608. (a) Section 501(c) of the Military Construction
Authorization Act, 1980 (Public Law 96 - 125; 93 Stat. 940), is amended
by striking out "three hundred thirty-two units" in the item relating to
Tinker Air Force Base and inserting in lieu thereof "two hundred units".
(b) The authorization for construction of, or acquisition of sole
interest in, family housing units at Tinker Air Force Base, Oklahoma,
contained in section 501 of the Military Construction Authorization Act,
1980, as amended by subsection (a), is hereby modified to authorize
construction of such family housing units on base at Tinker Air Force
Base.
Sec. 701. (a) Paragraphs (1) and (2) of section 301c(a) of title 37,
United States Code, // 94 Stat. 3360. // are amended to read as
follows:
"(1) Subject to regulations prescribed by the President, a member of
the Navy who is entitled to basic pay, and (A) holds (or is in training
leading to) a submarine duty designator, (B) is in and remains in the
submarine service on a career basis, and (C) meets the requirements of
paragraph (3) of this subsection, is entitled to continuous monthly
submarine duty incentive pay in the amount set forth in subsection (b)
of this section.
"(2) Subject to regulations prescribed by the President, a member of
the Navy who is entitled to basic pay but is not entitled to continuous
monthly submarine duty incentive pay under paragraph (1) of this
subsection is entitled to submarine duty incentive pay in the amount set
forth in subsection (b) of this section for any period during which such
member performs frequent and regular operational submarine duty (as
defined in paragraph (5) of this subsection) required by orders.".
(b) Paragraph (5)(A)(i) of such section is amended by inserting
"while serving as an operator or crew member of an operational
submersible (including an undersea exploration or research vehicle),"
after "to a submarine,".
(c) The amendments made by this section // 37 USC 301c // shall take
effect as of January 1, 1981.
Sec. 702. The amendment made by section 10 of the Military Pay and
Allowances Benefits Act of 1980 (Public Law 96 - 579; 94 Stat. 3368) //
10 USC 701 // shall apply with respect to the accumulation of leave by
members of the Armed Forces who after September 30, 1979, are assigned
(1) to a deployable ship or mobile unit, or (2) to other duty designated
after the date of the enactment of this Act as duty qualifying for the
purpose of section 701(f) of title 10, United States Code, as amended by
that amendment.
Approved August 14, 1981.
LEGISLATIVE HISTORY-S. 694 (H.R. 2614):
HOUSE REPORTS: No. 97 - 20 accompanying H.R. 2614 (Comm. on Armed
Services) and 97 - 204 (Comm. of Conference).
SENATE REPORT No. 97 - 35 (Comm. on Armed Services).
CONGRESSIONAL RECORD, Vol. 127 (1981):
Apr. 7, considered and passed Senate.
June 11, 15, 23, H.R. 2614 considered and passed House;
proceedings vacated and S. 694, amended, passed in lieu.
July 30, Senate agreed to conference report.
Aug. 4, House agreed to conference report.
PUBLIC LAW 97-38, 95 STAT, 938
permanent improvements on land
acquired for the Confederated Tribes of Siletz
Indians of Oregon.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That, notwithstanding
any other provision of law or regulation, the Attorney General shall
approve any deed or other instrument which--,
(1) conveys to the United States the land described in section
2 of the Act
// 25 USC 711e //
" An Act to establish a reservation for the Confederated Tribes of
Siletz Indians of Oregon", approved September 4, 1980 (94 Stat.
1073), and
(2) incorporates by reference the terms of the agreement
entered into on September 18, 1980, by the city of Siletz, Oregon,
the Confederated Tribes of Siletz Indians of Oregon, and the
United States of America.
The Secretary of the Interior or the Confederated Tribes of Siletz
Indians of Oregon may erect permanent improvements, improvements of a
substantial value, or any other improvements authorized by law on such
land after such land is conveyed to the United States.
Approved August 14, 1981.
LEGISLATIVE HISTORY-S. 547 (H.R. 2015):
HOUSE REPORT No. 97 - 191 accompanying H.R. 2015 (Comm. on Interior
and Insular Affairs).
SENATE REPORT No. 97 - 108 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD, Vol. 127 (1981):
May 21, considered and passed Senate.
Aug. 4, H.R. 2015 considered and passed House; proceedings
vacated, S. 547 passed in lieu.
PUBLIC LAW 97-37, 95 STAT, 935, FORMER PRISONER OF WAR BENEFITS ACT
OF 1981
certain benefit programs of the
Veterans' Administration for veterans who are former
prisoners of war, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) this Act // 38
USC 101 // may be cited as the " Former Prisoner of War Benefits Act of
1981".
(b) Whenever in this Act an amendment or repeal is expressed in terms
of an amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or other provision
of title 38, United States Code.
Sec. 2. (a) Chapter 3 is amended by inserting after section 220 the
following new section:
" Section 221. // 38 USC 221. // Advisory Committee on Former
Prisoners of War
"(a)(1) The Administrator shall establish an advisory committee to be
known as the Advisory Committee on Former Prisoners of War (hereinafter
in this section referred to as the ' Committee').
"(2) The members of the Committee shall be appointed by the
Administrator from the general public and shall include--,
"(A) appropriate representatives of veterans who are former
prisoners of war;
"(B) individuals who are recognized authorities in fields
pertinent to disabilities prevalent among former prisoners of war,
including authorities in epidemiology, mental health, nutrition,
geriatrics, and internal medicine; and
"(C) appropriate representatives of disabled veterans.
The Committee shall also include, as ex officio members, the Chief
Medical Director and the Chief Benefits Director, or their designees.
"(3) The Administrator shall determine the number, terms of service,
and pay and allowances of members of the Committee appointed by the
Administrator, except that the term of service of any such member may
not exceed three years.
"(b) The Administrator shall, on a regular basis, consult with and
seek the advice of the Committee with respect to the administration of
benefits under this title for veterans who are former prisoners of war
and the needs of such veterans with respect to compensation, health
care,and rehabilitation.
"(c) Not later than July 1, 1983, and not later than July 1 of each
second year thereafter, the Committee shall submit to the Administrator
a report on the programs and activities of the Veterans' Administration
that pertain to veterans who are former prisoners of war. The Committee
shall include in each such report an assessment of the needs of such
veterans with respect to compensation, health care, and rehabilitation,
a review of the programs and activities of the Veterans' Administration
designed to meet such needs, and such recommendations (including
recommendations for administrative and legislative action) as the
Committee considers to be appropriate. The Administrator shall
immediately submit such report to the Congress with any comments
concerning the report that the Administrator considers appropriate. The
Committee may also submit to the Administrator such other reports and
recommendations as the Committee considers appropriate. The
Administrator shall submit with each annual report submitted to the
Congress pursuant to section 214 of this title // 38 USC 214. // a
summary of all reports and recommendations of the Committee submitted to
the Administrator since the previous annual report of the Administrator
submitted to the Congress pursuant to such section.".
(b) The table of sections at the beginning of such chapter is amended
by inserting after the item relating to section 220 the following new
item:
"221. Advisory Committee on Former Prisoners of War.".
Sec. 3. (a) Section 101 // 38 USC 101. // is amended by adding at
the end the following new paragraph:
"(32) The term 'former prisoner of war' means a person who, while
serving in the active military, naval or air service, was forcibly
detained or interned in line of duty--,
"(A) by an enemy government or its agents, or a hostile force,
during a period of war; or
"(B) by a foreign government or its agents, or a hostile force,
during a period other than a period of war in which such person
was held under circumstances which the Administrator finds to have
been comparable to the circumstances under which persons have
generally been forcibly detained or interned by enemy governments
during periods of war.".
(b) Clause (7) of section 612(b) // 38 USC 612. // is amended to
read as follows:
"(7) from which a veteran who is a former prisoner of war and
who was detained or interned for a period of not less than six
months is suffering; or".
Sec. 4. (a) Section 312 // 38 USC 312. // is amended--,
(1) by striking out subsection (b); and
(2) by redesignating subsection (c) as subsection (b) and
amending such subsection to read as follows:
"(b) For the purposes of section 310 of this title and subject to the
provisions of section 313 of this title, in the case of a veteran who is
a former prisoner of war and who was detained or interned for not less
than thirty days, the disease of--,
"(1) avitaminosis,
"(2) beriberi (including beriberi heart disease),
"(3) chronic dysentery,
"(4) helminthiasis,
"(5) malnutrition (including optic atrophy associated with
malnutrition),
"(6) pellagra,
"(7) any other nutritional deficiency,
"(8) psychosis, or
"(9) any of the anxiety states,
which became manifest to a degree of 10 per centum or more after active
military, naval, or air service shall be considered to have been
incurred in or aggravated by such service, notwithstanding that there is
no record of such disease during the period of service.".
(b) The amendments made by subsection (a) // 38 USC 312. // shall
take effect on October 1, 1981.
Sec. 5. (a) Section 610(a) // 38 USC 610. // is amended--,
(1) by striking out "and" at the end of clause (3);
(2) by redesignating clause (4) as clause (5); and
(3) by inserting after clause (3) the following new clause:
"(4) a veteran who is a former prisoner of war; and".
(b) Section 612(f) // 38 USC 612. // is amended--,
(1) by striking out "and" at the end of clause (1);
(2) by striking out the period at the end of clause (2) and
inserting in lieu thereof a semicolon and "and"; and
(3) by inserting after clause (2) the following new clause:
"(3) to any veteran who is a former prisoner of war.".
(c) Section 612(i) is amended--,
(1) by redesignating clause (4) as clause (5); and
(2) by inserting after clause (3) the following new clause:
"(4) To any veteran who is a former prisoner of war.".
(d) The amendments made by this section // 38 USC 610 // shall take
effect on October 1, 1981.
Sec. 6. (a) Not later than ninety days after the date of the
enactment of this Act // 38 USC 301 // and at appropriate times
thereafter, the Administrator shall, to the maximum extent feasible and
in order to carry out the requirements of the veterans outreach services
program under subchapter IV of chapter 3 of title 38, United States
Code, // 38 USC 240. // seek out former prisoners of war and provide
them with information regarding applicable changes in law, regulations,
policies, guidelines, or other directives affecting the benefits and
services to which former prisoners of war are entitled under such title
by virtue of the amendments made by this Act.
(b)(1) The Administrator shall, for not less than the three-year
period beginning ninety days after the date of the enactment of this
Act, maintain a centralized record showing all claims for benefits under
chapter 11 of such title // 38 USC 301 // that are submitted by former
prisoners of war and the disposition of such claims.
(2) Not later than ninety days after the end of the three-year period
described in paragraph (1), the Administrator shall, after consulting
with and receiving the views of the Advisory Committee on Former
Prisoners of War required to be established pursuant to section 221 of
such title, submit a report on the results of the disposition of claims
described in such paragraph, together with any comments or
recommendations that the Administrator may have, to the appropriate
committees of Congress. The Administrator may also submit to such
committees interim reports on such results.
(c) For the purposes of this section, the term "former prisoner of
war" has the meaning given such term in paragraph (32) of section 101 of
title 38, United States Code (as added by section 3(a) of this Act).
Approved August 14, 1981.
LEGISLATIVE HISTORY-H.R. 1100 (S. 468):
HOUSE REPORT No. 97 - 28 (Comm. on Veterans' Affairs).
SENATE REPORT No. 97 - 88 accompanying S. 468 (Comm. on Veterans'
Affairs).
CONGRESSIONAL RECORD, Vol. 127 (1981):
June 1, 2, considered and passed House.
June 4, considered and passed Senate, amended, in lieu of S.
468.
July 30, House agreed to Senate amendments with amendments;
Senate concurred in House amendments.
PUBLIC LAW 97-36, 95 STAT, 934
proclamation designating the
period from October 4, 1981, through
October 10, 1981, as " National Schoolbus
Safety Week".
Whereas twenty-two million students are transported by schoolbus to
and from school each day;
Whereas the safety of these students deserves the highest priority;
and
Whereas a national program is underway to call public attention to
the importance of schoolbus safety during the week of October 4, 1981,
through October 10, 1981: 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 period
from October 4, 1981, through October 10, 1981, as " National Schoolbus
Safety Week" and calling upon the people of the United States and
interested groups and organizations to observe such week with
appropriate ceremonies and activities.
Approved August 14, 1981.
LEGISLATIVE HISTORY-H.J. Res. 141:
CONGRESSIONAL RECORD, Vol. 127 (1981):
July 15, considered and passed House.
July 31, considered and passed Senate.
PUBLIC LAW 97-35, 95 STAT, 357, OMNIBUS BUDGET RECONCILIATION ACT OF
1981
the first concurrent resolution
on the budget for the fiscal year 1982.
Section 1. This Act may be cited as the " Omnibus Budget
Reconciliation Act of 1981".
Title I. Agriculture, forestry, and related programs.
Title II. Armed services and defense-related programs.
Title III. Banking, housing, and related programs.
Title IV. District of Columbia.
Title V. Education programs.
Title VI. Human services programs.
Title VII. Employment programs.
Title VIII. School lunch and child nutrition programs.
Title IX. Health services and facilities.
Title X. Energy and energy-related programs.
Title XI. Transportation and related programs.
Title XII. Consumer product safety and communications.
Title XIII. International affairs.
Title XIV. Department of Interior and related programs.
Title XV. Department of Justice and related provisions.
Title XVI. Maritime and related programs.
Title XVII. Civil service and postal service programs; governmental
affairs generally.
Title XVIII. Water resource development and economic development
programs.
Title XIX. Small business.
Title XX. Veterans' programs.
Title XXI. Medicare, medicaid, and maternal and child health.
Title XXII. Federal Old-Age, Survivors, and Disability Insurance
program.
Title XXIII. Public assistance programs.
Title XXIV. Unemployment compensation.
Title XXV. Trade adjustment assistance.
Title XXVI. Low-income home energy assistance.
Title XXVII. Health professions.
Sec. 2. It is the purpose of this Act to implement the
recommendations which were made by specified committees of the House of
Representatives and the Senate pursuant to directions contained in part
A of title III of the first concurrent resolution on the budget for the
fiscal year 1982 (H. Con. Res. 115, 97th Congress), and pursuant to the
reconciliation requirements which were imposed by such concurrent
resolution as provided in section 310 of the Congressional Budget Act of
1974. // 31 USC 1331. //
Sec. 101. Section 3(i) of the Food Stamp Act of 1977 // 7 USC 2012.
// is amended by--,
(1) inserting before the period at the end of the first sentence ";
except that parents and children who live together shall be treated as a
group of individuals who customarily purchase and prepare meals together
for home consumption even if they do not do so, unless one of the
parents is sixty years of age or older"; and
(2) striking out "neither" in the second sentence and inserting "no"
in lieu thereof.
Sec. 102. Section 3(i) of the Food Stamp Act of 1977 is amended
by--,
(1) striking out in clause (1) of the first sentence "or else
pays compensation to the others for such meals,";
(2) striking out in clause (2) of the first sentence "or else
live with others and pay compensation to the others for such
meals"; and
(3) adding before the period at the end of the second sentence
", or else live with others and pay compensation to the others for
meals".
Sec. 103. Section 3(o) of the Food Stamp Act of 1977 is amended by
striking out "and" before clause (6) and all that follows down through
the end of clause (6), and inserting in lieu thereof the following:
"(6) on April 1, 1982, adjust the cost of such diet to the nearest
dollar increment to reflect changes in the cost of the thrifty food plan
for the fifteen months ending the preceding December 31, (7) on July 1,
1983, adjust the cost of such diet to the nearest dollar increment to
reflect changes in the cost of the thrifty food plan for the fifteen
months ending the preceding March 31, (8) on October 1, 1984, adjust the
cost of such diet to the nearest dollar increment to reflect changes in
the cost of the thrifty food plan for the fifteen months ending the
preceding June 30, and (9) on October 1, 1985, and each October 1,
thereafter, adjust the cost of such diet to the nearest dollar increment
to reflect changes in the cost of the thrifty food plan for the twelve
months ending the preceding June 30".
Sec. 104. (a) Section 5 of the Food Stamp Act of 1977 // 7 USC 2014.
// is amended by--,
(1) striking out everything before "adjusted annually" in the
first sentence of subsection (c) and inserting the following:
"(c) The income standards of eligibility shall be--,
"(1) for households containing a member who is sixty years of
age or over or a member who receives supplemental security income
benefits under title XVI of the Social Security Act
// 42 USC 1381. //
or disability and blindness payments under titles I, II, X, XIV,
and XVI of the Social Security Act,
// 42 USC 301, 401, 1201, 1351, 1381. //
100 per centum, and
"(2) for all other households, 130 per centum,
of the nonfarm income poverty guidelines prescribed by the Office of
Management and Budget"; and
(2) inserting "for purposes of determining eligibility and
benefit levels for households described in subsection (c)(1) and
determining benefit levels only for all other households" after
"household income" in the first sentence of subsection (e).
(b) Section 8(a) of the Food Stamp Act of 1977 // 7 USC 2017. // is
amended by inserting "(d) and (e)" after "section 5" in the first
sentence.
Sec. 105. Section 5(e) of the Food Stamp Act of 1977 // 7 USC 2014.
// is amended by--,
(1) striking out in the first sentence everything that follows
"the Secretary shall allow a standard deduction of" and inserting
in lieu thereof the following: "$85 a month for each household,
except that households in Alaska, Hawaii, Guam, Puerto Rico, and
the Virgin Islands of the United States shall be allowed a
standard deduction of $145, $120, $170, $50, and $75,
respectively.";
(2) striking out the second sentence and inserting in lieu
thereof the following: " Such standard deductions shall be
adjusted (1) on July 1, 1983, to the nearest $5 increment to
reflect changes in the Consumer Price Index for all urban
consumers published by the Bureau of Labor Statistics, for items
other than food and the homeownership component of shelter costs,
as appropriately adjusted by the Bureau of Labor Statistics after
consultation with the Secretary, for the fifteen months ending the
preceding March 31, (2) on October 1, 1984, to the nearest $5
increment to reflect such changes for the fifteen months ending
the preceding June 30, and (3) on October 1, 1985, and each
October 1 thereafter, to the nearest $5 increment to reflect such
changes for the twelve months ending the preceding June 30."; and
(3) striking out the proviso in clause (2) of the fourth
sentence and inserting in lieu thereof the following: " Provided,
That the amount of such excess shelter expense deduction shall not
exceed $115 a month in the forty-eight contiguous States and the
District of Columbia, and shall not exceed, in Alaska, Hawaii,
Guam, Puerto Rico, and the Virgin Islands of the United States,
$200, $165, $140, $40, and $85, respectively, adjusted (i) on July
1, 1983, to the nearest $5 increment to reflect changes in the
shelter (exclusive of homeownership costs), fuel, and utilities
components of housing costs in the Consumer Price Index for all
urban consumers published by the Bureau of Labor Statistics, as
appropriately adjusted by the Bureau of Labor Statistics after
consultation with the Secretary, for the fifteen months ending the
preceding March 31, (ii) on October 1, 1984, to the nearest $5
increment to reflect such changes for the fifteen months ending
the preceding June 30, and (iii) on October 1, 1985, and each
October 1 thereafter, to the nearest $5 increment to reflect such
changes for the twelve months ending the preceding June 30,".
Sec. 106. Section 5(e) of the Food Stamp Act of 1977 // 7 USC 2014.
// is amended by striking out "20 per centum" in the third sentence and
inserting in lieu thereof "18 per centum".
Sec. 107. (a) Section 5(f) of the Food Stamp Act of 1977 is amended
to read as follows:
"(f)(1)(A) Household income for those households that, by contract
for other than an hourly or piecework basis or by self-employment,
derive their annual income in a period of time shorter than one year
shall be calculated by averaging such income over a twelve-month period.
"(B) Household income for those households that receive nonexcluded
income of the type described in subsection (d)(3) of this section shall
be calculated by averaging such income over the period for which it is
received.
"(2)(A) Household income for migrant farmworker households shall be
calculated on a propsective basis, as provided in paragraph (3)(A).
"(B) Household income for all other households shall be calculated
either on a prospective basis as provided in paragraph (3)(A) or on a
retrospective basis as provided in paragraph (3)(B), as elected by the
State agency under regulations prescribed by the Secretary.
"(3)(A) Calculation of household income on a prospective basis is the
calculation of income on the basis of the income reasonably anticipated
to be received by the household during the period for which eligibility
or benefits are being determined. Such calculation shall be made in
accordance with regulations prescribed by the Secretary which shall
provide for taking into account both the income reasonably anticipated
to be received by the household during the period for which eligibility
or benefits are being determined and the income received by the
household during the preceding thirty days.
"(B) Calculation of household income on a retrospective basis is the
calculation of income for the period for which eligibility or benefits
are being determined on the basis of income received in a previous
period. Such calculation shall be made in accordance with regulations
prescribed by the Secretary which may provide for the determination of
eligibility on a prospective basis in some or all cases in which
benefits are calculated under this paragraph. Such regulations shall
provide for supplementing the initial allotments of newly applying
households in those cases in which the determination of income under
this paragraph causes serious hardship.
"(4) In promulgating regulations under this subsection, the Secretary
shall consult with the Secretary of Health and Human Services in order
to assure that, to the extent feasible and consistent with the purposes
of this Act // 42 USC 1305. // and the Social Security Act, the income
of households receiving benefits under this Act and title IV-A of the
Social Security Act // 42 USC 601. // is calculated on a comparable
basis under the two Acts. The Secretary is authorized, upon the request
of a State agency, to waive any of the provisions of this subsection to
the extent necessary to permit the State agency to calculate income for
purposes of this Act on the same basis that income is calculated under
title IV-A of the Social Security Act in that State.".
(b) Effective October 1, 1983, paragraph (2)(B) of section 5(f) of
the Food Stamp Act of 1977, // 7 USC 2014. // as amended by subsection
(a), is amended to read as follows:
"(B) Household income for all other households shall be calculated on
a retrospective basis as provided in paragraph (3)(B).".
(c) Section 5(d) of the Food Stamp Act of 1977 is amended by striking
out "5(f)(2)" and inserting "5(f)" in lieu thereof.
Sec. 108. (a) Section 3(c) of the Food Stamp Act of 1977 // 7 USC
2012. // is amended by inserting before the period at the end of the
second sentence "except that the limit of twelve months may be waived by
the Secretary to improve the administration of the program".
(b) Section 6(c) of the Food Stamp Act of 1977 // 7 USC 2015. // is
amended by--,
(1) inserting after "households" in the first sentence of
paragraph (1) ", including all households with earned income,
except migrant farmworker households, all households with
potential earners, including individuals receiving unemployment
compensation benefits and individuals required by section 6(d) of
this Act to register for work, and all households required to file
a similar report under title IV-A of the Social Security Act,
// 42 USC 601. //
but not including households that have no earned income and in
which all members are sixty years of age or over or receive
supplemental security income benefits under title XVI of the
Social Security Act
// 42 USC 1381. //
or disability and blindness payments under titles I, II, X, XIV,
and XVI of the Social Security Act,";
// 42 USC 301, 401, 1201, 1351, 1381. //
(2) striking out "5(f)(2)" in paragraph (1) and inserting "5(
f)" in lieu thereof; and
(3) inserting after paragraph (3) the following new paragraph:
"(4) Any household that fails to submit periodic reports required by
paragraph (1) shall not receive an allotment for the payment period to
which the unsubmitted report applies until such report is submitted.".
(c) Effective October 1, 1983, section 6(c)(1) of the Food Stamp Act
of 1977 // 7 USC 2015. // is further amended by--,
(1) striking out in the first sentence "that elect to use a
system of retrospective accounting in accordance with section 5(
f) of this Act"; and
(2) striking out the second sentence.
Sec. 109. (a) Section 6(d)(4) of the Food Stamp Act of 1977 is
amended by--,
(1) inserting before the colon at the end of the first proviso
the following: ", however, such household shall not receive an
increased allotment as the result of a decrease in the income of
the striking member or members of the household";
(2) inserting a period in lieu of the colon at the end of the
second proviso; and
(3) striking out the third proviso.
(b) Section 6(i) of the Food Stamp Act of 1977 is repealed.
Sec. 110. Section 8 of the Food Stamp Act of 1977 // 7 USC 2017. //
is amended by adding at the end thereof the following new subsection:
"(c) The value of the allotment issued to any eligible household for
the initial month or other initial period for which an allotment is
issued shall have a value which bears the same ratio to the value of the
allotment for a full month or other initial period for which the
allotment is issued as the number of days (from the date of application)
remaining in the month or other initial period for which the allotment
is issued bears to the total number of days in the month or other
initial period for which the allotment is issued. As used in this
subsection, the term 'initial month' means (1) the first month for which
an allotment is issued to a household, and (2) the first month for which
an allotment is issued to a household following any period of more than
thirty days which such household was not participating in the food stamp
program under this Act after previous participation in such program.".
Sec. 111. (a) Section 11(e)(1) of the Food Stamp Act of 1977 // 7
USC 2020. // is amended by striking out clauses (A) and (B) and
redesignating existing clause (C) as (B) and inserting the following new
clause (A):
"(A) not conduct food stamp outreach activities with funds
provided under this Act;".
(b) Section 16(a) of that Act // 7 USC 2025. // is amended by--,
(1) striking out clause (1); and
(2) redesignating clauses (2), (3), (4), and (5) as clauses
(1), (2), (3), and (4), respectively.
MISREPRESENTATION
Sec. 112. Section 6(b) of the Food Stamp Act of 1977 // 7 USC 2015.
// is amended to read as follows:
"(b)(1) Any person who has been found by any State or Federal court
or administrative agency to have intentionally (A) made a false or
misleading statement, or misrepresented, concealed or withheld facts, or
(B) committed any act that constitutes a violation of this Act, the
regulations issued thereunder, or any State statute, for the purpose of
using, presenting, transferring, acquiring, receiving, or possessing
coupons or authorization cards shall, immediately upon the rendering of
such determination, become ineligible for further participation in the
program--,
"(i) for a period of six months upon the first occasion of any
such determination;
"(ii) for a period of one year upon the second occasion of any
such determination; and
"(iii) permanently upon the third occasion of any such
determination.
During the period of such ineligibility, no household shall receive
increased benefits under this Act as the result of a member of such
household having been disqualified under this subsection.
"(2) Each State agency shall proceed against an individual alleged to
have engaged in such activity either by way of administrative hearings,
after notice and an opportunity for a hearing at the State level, or by
referring such matters to appropriate authorities for civil or criminal
action in a court of law.
"(3) Such periods of ineligibility as are provided for in paragraph
(1) of this subsection shall remain in effect, without possibility of
administrative stay, unless and until the finding upon which the
ineligibility is based is subsequently reversed by a court of
appropriate jurisdiction, but in no event shall the period of
ineligibility be subject to review.
"(4) The Secretary shall prescribe such regulations as the Secretary
may deem appropriate to ensure that information concerning any such
determination with respect to a specific individual is forwarded to the
Office of the Secretary by any appropriate State or Federal entity for
the use of the Secretary in administering the provisions of this
section. No State shall withhold such information from the Secretary or
the Secretary's designee for any reason whatsoever.".
OVERPAYMENTS
Sec. 113. (a) Section 13 of the Food Stamp Act of 1977 // 7 USC
2022. // is amended by--,
(1) inserting "(a)" immediately after the section designation;
(2) inserting before the period at the end of the first
sentence ", including the power to waive claims if the Secretary
determines that to do so would serve the purposes of this Act";
(3) adding the following new sentence at the end thereof: "
The Secretary shall have the power to reduce amounts otherwise due
to a State agency under section 16 of this Act
// 7 USC 2025. //
to collect unpaid claims assessed against the State agency if the
State agency has declined or exhausted its appeal rights under
section 14 of this Act.";
// 7 USC 2023. //
and
(4) adding the following new subsection at the end thereof:
"(b)(1) In the case of any ineligibility determination under section
6(b) of this Act, the household of which such ineligible individual is a
member is required to agree to a reduction in the allotment of the
household of which such individual is a member, or payment in cash, in
accordance with a schedule determined by the Secretary, that will be
sufficient to reimburse the Federal Government for the value of any
overissuance of coupons resulting from the activity that was the basis
of the ineligibility determination. If a household refuses to make an
election, or elects to make a payment in cash under the provisions of
the preceding sentence and fails to do so, the household shall be
subject to an allotment reduction.
"(2) State agencies shall collect any claim against a household
arising from the overissuance of coupons, other than claims the
collection of which is provided for in paragraph (1) of this subsection
and claims arising from an error of the State agency, by reducing the
monthly allotments of the household. These collections shall be limited
to 10 per centum of the monthly allotment (or $10 per month, whenever
that would result in a faster collection rate).".
(b) The heading of section 13 of the Food Stamp Act of 1977 // 7 USC
2022. // is amended to read " COLLECTION AND DISPOSITION OF CLAIMS".
Sec. 114. Section 16(a) of the Food Stamp Act of 1977 // 7 USC 2025.
// is amended by--,
(1) striking out in the first sentence "through prosecutions"
and all that follows down through the end of the sentence and
inserting in lieu thereof "pursuant to section 13(b)(1) of this
Act and 25 per centum of the value of all funds or allotments
recovered or collected pursuant to section 13(b)(2) of this Act.";
and
(2) striking out in the second sentence "fraud" and inserting
in lieu thereof "ineligibility".
FOR WORKING
ADULTS AND MEDICAL DEDUCTIONS FOR THE ELDERLY
AND DISABLED
Sec. 115. Sections 104 and 105 of the Food Stamp Act Amendments of
1980 (Public Law 96 - 249) // 94 Stat. 358. 7 USC 2014 // are repealed.
Sec. 116. (a) Effective July 1, 1982, the Food Stamp Act of 1977 is
amended by--,
(1) striking out " Puerto Rico," in section 3(m), clause (3) of
section 3(o), section 5(b), wherever it appears in section 5( c),
and wherever it appears in section 5(e); and striking out "$50,"
and "$40," in section 5(e); and
(2) adding at the end thereof the following new section:
" Sec. 19. (a)(1)(A) From the sums appropriated under this Act // 7
USC 2028. // the Secretary shall, subject to the provisions of this
subsection and subsection (b), pay to the Commonwealth of Puerto Rico
not to exceed $825,000,000 for each fiscal year to finance 100 per
centum of the expenditures for food assistance provided to needy
persons, and 50 per centum of the administrative expenses related to the
provision of such assistance.
"(B) The payments to the Commonwealth for any fiscal year shall not
exceed the expenditures by that jurisdiction during that year for the
provision of the assistance the provision of which is included in the
plan of the Commonwealth approved under subsection (b) and 50 per centum
of the related administrative expenses.
"(2) The Secretary shall, subject to the provisions of subsection
(b), pay to the Commonwealth for the applicable fiscal year, at such
times and in such manner as the Secretary may determine, the amount
estimated by the Commonwealth pursuant to subsection (b)(1)(A)(iv),
reduced or increased to the extent of any prior overpayment or current
underpayment which the Secretary determines has been made under this
section and with respect to which adjustment has not already been made
under this subsection.
"(b)(1)(A) In order to receive payments under this Act for any fiscal
year, the Commonwealth shall have a plan for that fiscal year approved
by the Secretary under this section. By July 1 of each year, if the
Commonwealth wishes to receive payments, it shall submit a plan for the
provision of the assistance described in subsection (a)(1)(A) for the
following fiscal year which--,
"(i) designates a single agency which shall be responsible for
the administration, or supervision of the administration, of the
program for the provision of such assistance;
"(ii) assesses the food and nutrition needs of needy persons
residing in the Commonwealth;
"(iii) describes the program for the provision of such
assistance, including the assistance to be provided and the
persons to whom such assistance will be provided, and any agencies
designated to provide such assistance, which program must meet
such requirements as the Secretary may by regulation prescribe for
the purpose of assuring that assistance is provided to the most
needy persons in the jurisdiction;
"(iv) estimates the amount of expenditures necessary for the
provision of the assistance described in the program and related
administrative expenses, up to the amount provided for payment by
subsection (a)(1)(A); and
"(v) includes such other information as the Secretary may
require.
"(B)(i) The Secretary shall approve or disapprove any plan submitted
pursuant to subparagraph (A) no later than August 1 of the year in which
it is submitted. The Secretary shall approve any plan which complies
with the requirements of subparagraph (A). If a plan is disapproved
because it does not comply with any of the requirements of that
paragraph the Secretary shall, except as provided in subparagraph
(B)(ii), notify the appropriate agency in the Commonwealth that payments
will not be made to it under subsection (a) for the fiscal year to which
the plan applies until the Secretary is satisfied that there is no
longer any such failure to comply, and until the Secretary is so
satisfied, the Secretary will make no payments.
"(ii) The Secretary may suspend the denial of payments under
subparagraph (B)(i) for such period as the Secretary determines
appropriate and instead withhold payments provided for under subsection
(a), in whole or in part, for the fiscal year to which the plan applies,
until the Secretary is satisfied that there is no longer any failure to
comply with the requirements of subparagraph (A), at which time such
withheld payments shall be paid.
"(2)(A) The Commonwealth shall provide for a biennial audit of
expenditures under its program for the provision of the assistance
described in subsection (a)(1)(A), and within 120 days of the end of
each fiscal year in which the audit is made, shall report to the
Secretary the findings of such audit.
"(B) Within 120 days of the end of the fiscal year, the Commonwealth
shall provide the Secretary with a statement as to whether the payments
received under subsection (a) for that fiscal year exceeded the
expenditures by it during that year for which payment is authorized
under this section, and if so, by how much, and such other information
as the Secretary may require.
"(C)(i) If the Secretary finds that there is a substantial failure by
the Commonwealth to comply with any of the requirements of subparagraphs
(A) and (B), or to comply with the requirements of subsection (b)(1)(A)
in the administration of a plan approved under subsection (b)(1)(B), the
Secretary shall, except as provided in subparagraph (C)(ii), notify the
appropriate agency in the Commonwealth that further payments will not be
made to it under subsection (a) until the Secretary is satisfied that
there will no longer be any such failure to comply, and until the
Secretary is so satisfied, the Secretary shall make no further payments.
"(ii) The Secretary may suspend the termination of payments under
subparagraph (C)(i) for such period as the Secretary determines
appropriate, and instead withhold payments provided for under subsection
(a), in whole or in part, until the Secretary is satisfied that there
will no longer be any failure to comply with the requirements of
subparagraphs (A) and (B) and subsection (b)(1)(A), at which time such
withheld payments shall be paid.
"(iii) Upon a finding under subparagraph (C)(i) of a substantial
failure to comply with any of the requirements of subparagraphs (A) and
(B) and subsection (b)(1)(A), the Secretary may, in addition to or in
lieu of any action taken under subparagraphs (C)(i) and (C)(ii), refer
the matter to the Attorney General with a request that injunctive relief
be sought to require compliance by the Commonwealth of Puerto Rico, and
upon suit by the Attorney General in an appropriate district court of
the United States and a showing that noncompliance has occurred,
appropriate injunctive relief shall issue.
"(c)(1) The Secretary shall provide for the review of the programs
for the provision of the assistance described in subsection (a)(1)(A)
for which payments are made under this Act.
"(2) The Secretary is authorized as the Secretary deems practicable
to provide technical assistance with respect to the programs for the
provision of the assistance described in subsection (a)(1)(A).
"(d) Whoever knowingly and willfully embezzles, misapplies, steals,
or obtains by fraud, false statement, or forgery, any funds, assets, or
property provided or financed under this section shall be fined not more
than $10,000 or imprisoned for not more than five years, or both, but if
the value of the funds, assets or property involved is not over $200,
the penalty shall be a fine of not more than $1,000 or imprisonment for
not more than one year, or both.".
(b) Notwithstanding the provisions of section 19 of the Food Stamp
Act of 1977, // 7 USC 2028 // as added by this section--,
(1) the amount payable to the Commonwealth of Puerto Rico under
section 19 for fiscal year 1982 shall be $206,500,000, and the
Secretary of Agriculture is authorized to grant such waivers of
the requirements imposed by that section with respect to that
fiscal year as the Secretary determines appropriate to carry out
the purposes of that section; and
(2) in order to receive the amounts payable under this
subsection or section 19 for fiscal years 1982 and 1983, the
Commonwealth shall submit, for the Secretary's approval, the plan
required by the provisions of subsection (b) of section 19 by
April 1, 1982.
Sec. 117. Except as otherwise specifically provided, the amendments
made by sections 101 through 116 of this Act // 7 USC 2012 // shall be
effective and implemented upon such dates as the Secretary of
Agriculture may prescribe, taking into account the need for orderly
implementation.
Sec. 120. Notwithstanding any other provision of law, there are
hereby authorized to be appropriated for the programs designated below
not to exceed the sums shown for each of the fiscal years 1982, 1983,
and 1984.
For necessary expenses involved in making indemnity payments to dairy
farmers under the Act of August 13, 1968 (7 U.S.C. 450j): // 7 USC 450j
// $200,000 for fiscal year 1982, $200,000 for fiscal year 1983, and
$200,000 for fiscal year 1984.
For payments to departments of agriculture, bureaus and departments
of markets, and similar agencies for marketing activities under section
204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)): //
7 USC 1623 // $1,571,000 for fiscal year 1982, $1,651,000 for fiscal
year 1983, and $1,723,000 for fiscal year 1984.
For grants pursuant to section 7 of the Cooperative Forestry
Assistance Act of 1978 (Public Law 95 - 313): // 16 USC 2106 //
$3,565,000 for fiscal year 1982, $3,821,000 for fiscal year 1983, and
$4,038,000 for fiscal year 1984.
For rural development planning grants pursuant to section 306(a)(11)
of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)(
11)): // 7 USC 1926 // $4,767,000 for fiscal year 1982, $4,959,000 for
fiscal year 1983, and $5,155,000 for fiscal year 1984.
For grants pursuant to section 310 B(c) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1932): // 7 USC 1932 // $5,007,000 for
fiscal year 1982, $5,280,000 for fiscal year 1983, and $5,553,000 for
fiscal year 1984.
For necessary expenses for carrying out the programs administered by
the Soil Conservation Service: // 16 USC 590f // $588,875,000 for
fiscal year 1982, $596,767,000 for fiscal year 1983, and $602,865,000
for fiscal year 1984.
For necessary expenses to carry into effect the program authorized in
sections 7 to 15, 16(a), and 17 of the Soil Conservation and Domestic
Allotment Act (16 U.S.C. 590g-590o, 590p(a), and 590q), and sections
1001 - 1008, and 1010 of the Agricultural Act of 1970, as added by the
Agriculture and Consumer Protection Act of 1973 (16 U.S.C. 1501 - 1508,
and 1510): // 16 USC 1510 // $201,325,000 for fiscal year 1982,
$209,647,000 for fiscal year 1983, and $218,216,000 for fiscal year
1984.
For necessary expenses, not otherwise provided for, to carry out the
program of forestry incentives, as authorized in the Cooperative
Forestry Assistance Act of 1978 (16 U.S.C. 2101): // 16 USC 2103 //
$15,090,000 for fiscal year 1982, $16,913,000 for fiscal year 1983, and
$18,314,000 for fiscal year 1984.
For necessary expenses to carry into effect the provisions of the
Water Bank Act (16 U.S.C. 1301 - 1311): // 16 USC 1310 // $10,876,000
for fiscal year 1982, $10,854,000 for fiscal year 1983, and $10,813,000
for fiscal year 1984.
For necessary expenses to carry into effect the program authorized in
sections 401, 402, and 404 of title IV of the Agricultural Credit Act of
1978 (16 U.S.C. 2201 - 2205): // 16 USC 2204 // $10,069,000 for fiscal
year 1982, $10,507,000 for fiscal year 1983, and $10,958,000 for fiscal
year 1984.
Sec. 121. Section 306(a)(2) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926 (a)(2)) is amended by striking out the
period at the end of the first sentence and inserting in lieu thereof a
colon and the following: " Provided, That for fiscal years commencing
after September 30, 1981, such grants may not exceed $154,900,000 in any
fiscal year.".
Sec. 122. Notwithstanding any other provision of law, there are
hereby authorized to be appropriated for the necessary expenses of the
Forest Service for carrying out the programs for Forest Research, State
and Private Forestry, and National Forest System under the
appropriations account for Forest Management, Protection, and
Utilization, and the programs under the appropriations account for
Construction and Land Acquisition: // 16 USC 580o. // $1,575,552,000
for fiscal year 1981; $1,498,000,000 for fiscal year 1982;
$1,560,000,000 for fiscal year 1983; and $1,620,000,000 for fiscal year
1984: Provided, That none of the funds authorized to be appropriated
hereby may be used for carrying out the Bald Mountain road in the
Siskiyou National Forest.
Sec. 123. There are authorized to be appropriated for the purpose of
providing assistance to land-grant colleges under the Act of August 30,
1890 (commonly referred to as the " Second Morrill Act") and the Act of
March 4, 1907 (7 U.S.C. 322), // 7 USC 322 // not to exceed $2,800,000
for the fiscal year 1981; not to exceed $2,800,000 for the fiscal year
1982; not to exceed $2,800,000 for the fiscal year 1983; and not to
exceed $2,800,000 for the fiscal year 1984.
Sec. 124. Notwithstanding any other provision of law, programs shall
not be undertaken under title I (including title III) and title II of
the Agricultural Trade Development and Assistance Act of 1954 // 7 USC
1701, 1721, 1427. // during any calendar year which call for an
appropriation of more than $1,304,836,000 for the fiscal year 1982;
$1,320,292,000 for the fiscal year 1983; and $1,402,278,000 for the
fiscal year 1984.
Sec. 125. // 7 USC 2201 // Notwithstanding any other provision of
law, the total fulltime equivalent staff year personnel ceiling for the
United States Department of Agriculture shall not exceed one hundred and
seventeen thousand staff years (including overtime) for each of the
fiscal years ending September 30, 1982, September 30, 1983, and
September 30, 1984.
Sec. 150. Effective October 1, 1981, section 201 of the Agricultural
Act of 1949 // 7 USC 1446. // is amended by--,
(1) striking out the second sentence of subsection (c) and
inserting in lieu thereof the following: " Notwithstanding the
foregoing, effective for the period beginning October 1, 1981, and
ending September 30, 1985, the price of milk for the marketing
year beginning on October 1 of each year shall be supported at a
level determined according to the following procedure: The
Secretary shall estimate Government price support purchases net of
sales for unrestricted use for the marketing year using the amount
of such purchases made during the most recent six-month period
adjusted to an annual level on the basis of the most recent ten
year experience. The Secretary shall adjust this estimate of net
Government purchases to reflect the effect of current and expected
availability of feed, feed prices, milk-feed price ratio, utility
cow prices, dairy cow numbers and dairy heifer replacement stocks
on milk production during the marketing year. After making this
final estimate, the Secretary shall support the price of milk at
not less than the level indicated by the following schedule, nor
more than 90 per centum of the parity price therefor:
SCHEDULE OMITTED.
In no event shall the support price be less than the dollar amount
of the support price then currently in effect for milk: Provided,
That if the Secretary determines that the inventory of dairy
products, at the end of the marketing year, exceeds five hundred
million pounds of nonfat dry milk or five and one-half billion
pounds milk equivalent of butter and cheese, the support price for
the next marketing year shall be established at the minimum level
indicated by this schedule based upon estimated Government price
support purchases net of sales for unrestricted use for such year.
The Secretary shall notify, in writing, the chairman of the
Senate Committee on Agriculture, Nutrition, and Forestry and the
chairman of the House Committee on Agriculture of the Secretary's
decision and reasons therefor thirty days prior to the effective
date of the new support level. Notwithstanding the foregoing, if
during any marketing year dairy product imports into the United
States are incrased as the result of an expansion of imports or
termination of import restraints established pursuant to section
22 of the Agricultural Adjustment Act,
// 7 USC 624. //
the support price shall be redetermined by reducing the final
estimate of net Government purchases by the milk equivalent
(butterfat basis) of dairy products or nonfat dry milk or its
equivalent of other products derived from such increased imports.
The increased support price so determined shall become effective
simultaneously with the announcement of the expansion of dairy
product imports. A similar reduction in the net Government
purchases for the marketing year in which the imports are entered
into the United States shall be made when determining the support
price level for subsequent years."; and
(2) inserting a new subsection (d) as follows:
"(d) Effective for the period beginning October 1, 1982, and ending
on September 30, 1985, the support price of milk shall be adjusted by
the Secretary at the beginning of each semiannual period to reflect any
estimated change in the parity index during said semiannual period. If
a review of net Government purchases as provided for in subsection (c)
indicates that purchases during the most recent six-month period are
being made at an annual rate exceeding five and one-half billion pounds
milk equivalent (butterfat basis), or five hundred million pounds of
nonfat dry milk, the support price of milk need not be adjusted unless
such adjustment is necessary to prevent a support price at less than 75
per centum of parity as determined at the beginning of the semiannual
period. The Secretary shall notify, in writing, the chairman of the
Senate Committee on Agriculture, Nutrition, and Forestry and the
chairman of the House Committee on Agriculture of the Secretary's
decision and the reasons therefor thirty days prior to the effective
date of such semiannual adjustment.".
Sec. 151. Section 4(h) of the Commodity Credit Corporation Charter
Act (15 U.S.C. 714b(h)) is amended by striking out from the fourth
proviso of the second sentence "shall make loans" and inserting in lieu
thereof "may make loans".
Sec. 152. // 15 USC 713a-10 // Not to exceed $52,000,000 shall be
available for the fiscal year ending September 30, 1982, for
administrative expenses of the Commodity Credit Corporation, within the
limits of funds and borrowing authority available to the Corporation as
may be necessary in carrying out the programs set forth in the budget
for the Corporation.
Sec. 155. // 7 USC 79 // Effective for the period October 1, 1981,
through September 30, 1984, inclusive, the United States Grain Standards
Act // 7 USC 71 // is amended by--,
(1) amending section 7(j) (7 U.S.C. 79(j)) to read as follows:
"(j)(1) The Administrator shall, under such regulations as the
Administrator may prescribe, charge and collect reasonable inspection
fees to cover the estimated cost to the Service incident to the
performance of official inspection except when the official inspection
is performed by a designated official agency or by a State under a
delegation of authority. The fees authorized by this subsection shall,
as nearly as practicable and after taking into consideration any
proceeds from the sale of samples, cover the costs of the Service
incident to its performance of official inspection services in the
United States and on United States grain in Canadian ports, including
administrative and supervisory costs related to such official inspection
of grain. Such fees, and the proceeds from the sale of samples obtained
for purposes of official inspection which become the property of the
United States, shall be deposited into a fund which shall be available
without fiscal year limitation for the expenses of the Service incident
to providing services under this Act.
"(2) Each designated official agency and each State agency to which
authority has been delegated under subsection (e) of this section shall
pay to the Administrator fees in such amount as the Administrator
determines fair and reasonable and as will cover the estimated costs
incurred by the Service relating to supervision of official agency
personnel and supervision by Service personnel of its field office
personnel, except costs incurred under paragraph (3) of subsection (g)
of this section and sections 9, 10, and 14 of this Act. // 7 USC 85, 86,
87c. // The fees shall be payable after the services are performed at
such times as specified by the Administrator and shall be deposited in
the fund created in paragraph (1) of this subsection. Failure to pay
the fee within thirty days after it is due shall result in automatic
termination of the delegation or designation, which shall be reinstated
upon payment, within such period as specified by the Administrator, of
the fee currently due plus interest and any further expenses incurred by
the Service because of such termination. The interest rate on overdue
fees shall be as prescribed by the Secretary, but not less than the
current average market yield on outstanding marketable obligations of
the United States of comparable maturity, plus an additional charge of
not to exceed 1 per centum per annum as determined by the Secretary and
adjusted to the nearest one-eighth of 1 per centum.";
(2) amending section 7 A(1) (7 U.S.C. 79a(1)) to read as
follows:
"(1)(1) The Administrator shall, under such regulations as the
Administrator may prescribe, charge and collect reasonable fees to cover
the estimated costs to the Service incident to the performance of the
functions provided for under this section except as otherwise provided
in paragraph (2) of this subsection. The fees authorized by this
paragraph shall, as nearly as practicable, cover the costs of the
service incident to performance of its functions related to weighing,
including administrative and supervisory costs directly related thereto.
Such fees shall be deposited into the fund created in section 7(j) of
this Act.
"(2) Each agency to which authority has been delegated under this
section and each agency or other person which has been designated to
perform functions related to weighing under this section shall pay to
the Administrator fees in such amount as the Administrator determines
fair and reasonable and as will cover the costs incurred by the Service
relating to supervision of the agency personnel and supervision by
Service personnel of its field office personnel incurred as a result of
the functions performed by such agencies, except costs incurred under
sections 7(g)(3), 9, 10, and 14 of this Act. // 7 USC 79, 85, 86, 87c.
// The fees shall be payable after the services are performed at such
times as specified by the Administrator and shall be deposited in the
fund created in section 7(j) of this Act. Failure to pay the fee within
thirty days after it is due shall result in automatic termination of the
delegation or designation, which shall be reinstated upon payment,
within such period as specified by the Administrator, of the fee
currently due plus interest and any further expenses incurred by the
Service because of such termination. The interest rate on overdue fees
shall be as prescribed by the Secretary, but not less than the current
average market yield on outstanding marketable obligations of the United
States of comparable maturity, plus an additional charge of not to
exceed 1 per centum per annum as determined by the Secretary, and
adjusted to the nearest one-eighth of 1 per centum.";
(3) adding a new section 7 C as follows:
" Sec. 7 C. The total administrative and supervisory costs which may
be incurred under this Act // 7 USC 79c. // for inspection and weighing
(excluding standardization, compliance, and foreign monitoring
activities) for each of the fiscal years 1982 through 1984 shall not
exceed 35 per centum of the total costs for such activities carried out
by the Service for such year.";
(4) amending section 19 (7 U.S.C. 87h) to read as follows:
" Sec. 19. There are hereby authorized to be appropriated such sums
as are necessary for standardization and compliance activities,
monitoring in foreign ports grain officially inspected and weighed under
this Act, and any other expenses necessary to carry out the provisions
of this Act for each of the fiscal years during the period beginning
October 1, 1981, and ending September 30, 1984, to the extent that
financing is not obtained from fees and sales of samples as provided for
in sections 7, 7 A, and 17 A of this Act."; // 7 USC 79, 79a, 87f-1.
// and
(5) adding a new section 20 as follows:
" Sec. 20. // 7 USC 87i. // (a) In order to assure the normal
movement of grain in an orderly and timely manner, the Secretary shall
establish an advisory committee to provide advice to the Administrator
with respect to the efficient and economical implementation of the
United States Grain Standards Act of 1976. // 7 USC 71 // The advisory
committee shall consist of not more than twelve members, appointed by
the Secretary, representing the interests of all segments of the grain
industry, including grain inspection and weighing agencies. Members of
the advisory committee shall be appointed not later than thirty days
after the date of enactment of this section.
"(b) The advisory committee shall be governed by the provisions of
the Federal Advisory Committee Act. // 5 USC app. //
"(c) The Administrator shall provide the advisory committee with
necessary clerical assistance and staff personnel.
"(d) Members of the advisory committee shall serve without
compensation, if not otherwise officers or employees of the United
States, except that members shall, while away from their homes or
regular places of business in the performance of services under this
Act, be allowed travel expenses, including per diem in lieu of
subsistence, as authorized under section 5703 of title 5, United States
Code.".
Sec. 156. (a) Section 5 of the United States Cotton Standards Act (7
U.S.C. 55) is amended to read as follows:
" Sec. 5. (a) The Secretary of Agriculture shall cause to be
collected such fees and charges for licenses issued to classifiers of
cotton under section 3 of this Act, for determinations made under
section 4 of this Act, // 7 USC 53, 54. // and for the establishment of
standards and sale of copies of standards under section 6 of this Act,
// 7 USC 56. // as will cover, as nearly as practicable, and after
taking into consideration net proceeds from any sale of samples, the
costs incident to providing services and standards under such sections,
including administrative and supervisory costs. Such fees and charges
shall be credited to the current appropriation account that incurs the
cost and shall remain available until expended to pay the expenses of
the Secretary incident to providing services and standards under this
Act and the United States Cotton Futures Act (7 U.S.C. 15b). The
Secretary may provide by regulation conditions under which cotton
samples submitted or used in the performance of services authorized by
this Act shall become the property of the United States and may be sold
with the proceeds credited to the foregoing account: Provided, That
such cotton samples shall not be subject to the provisions of the
Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471
et seq.).
"(b) The price established by the Secretary of Agriculture under the
foregoing provisions of this section for practical forms representing
the official cotton standards of the United States shall cover, as
nearly as practicable, the estimated actual cost to the Department of
Agriculture for developing and preparing such practical forms.".
(b) Effective only for the fiscal years ending September 30, 1982,
September 30, 1983, and September 30, 1984, section 3a of the Cotton
Statistics and Estimates Act (7 U.S.C. 473a) is amended to read as
follows:
" Sec. 3a. Effective for the fiscal years ending September 30, 1982,
September 30, 1983, and September 30, 1984, the Secretary of Agriculture
shall make cotton classification services available to producers of
cotton. The Secretary shall further provide for appropriate agencies of
the Department of Agriculture to collect directly from participating
producers reasonable fees which, together with the proceeds of sales of
samples submitted under this section, shall cover as nearly as
practicable the cost of the services provided under this section,
including administrative and supervisory costs: Provided, That the
Secretary's net cost estimate (after taking into account the proceeds
from the sale of samples) used to calculate the uniform per-bale fee to
be collected from producers for such classification services shall not
exceed $12,000,000 in the fiscal year ending September 30, 1982,
$12,400,000 in the fiscal year ending September 30, 1983, and
$13,000,000 in the fiscal year ending September 30, 1984. All samples
of cotton submitted for classification under this section shall become
the property of the United States, and shall be sold: Provided, That
such cotton samples shall not be subject to the provisions of the
Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471
et seq.). Fees collected under this section and under section 3d of
this Act and proceeds from sales of samples shall be credited to the
current appropriation account that incurs the cost and shall remain
available without fiscal year limitation to pay the expenses of the
Secretary incident to providing classification services under this
section. The Secretary may deposit such funds in an interest bearing
account with a financial institution. If any interest is earned on this
account, such interest so earned shall be credited to the account for
use by the Secretary in providing such services. There are authorized
to be appropriated such sums as may be necessary to carry out the
provisions of this section to the extent that financing is not available
from fees and the proceeds from the sale of samples.".
(c) Subsection (f)(1)(G) of the United States Cotton Futures Act (7
U.S.C. 15b(f)(1)(G)) is amended by striking out "in such regulations."
and inserting in lieu thereof "in such regulations and shall be credited
to the account referred to in section 5 of the United States Cotton
Standards Act (7 U.S.C. 55). The Secretary may provide by regulation
conditions under which cotton samples submitted or used in the
performance of services authorized by this act shall become the property
of the United States and may be sold and the proceeds credited to the
foregoing account: Provided, That such cotton samples shall not be
subject to the provisions of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 471 et seq.).".
(d) The Secretary of Agriculture shall hold annual meetings with
representatives of the cotton industry to review (1) activities and
operations under the Cotton Standards Act, and the Cotton Statistics and
Estimates Act, (2) activities and operations relating to cotton under
the United States Warehouse Act, and (3) the effect of such activities
and operations on prices received by producers and sales to domestic and
foreign users, for the purpose of improving procedures for financing and
administering such activities and operations for the benefit of the
industry and the Government. Notwithstanding any other provision of
law, the Secretary shall take such action as may be necessary to insure
that the universal cotton standards system and the licensing and
inspection procedures for cotton warehouses are preserved and that the
Government cotton classification system continues to operate so that the
United States cotton crop is provided an official quality description.
(e) The provisions of this section // 7 USC 61a // shall become
effective October 1, 1981.
Sec. 157. (a) The Tobacco Inspection Act is amended by--,
(1) in section 5 (7 U.S.C. 511d), striking out the last two
sentences and inserting in lieu thereof the following: " The
Secretary shall by regulation fix and collect fees and charges for
inspection and certification, the establishment of standards, and
other services under this section at designated auction markets.
The fees and charges authorized by this section shall, as nearly
as practicable, cover the costs of the services, including the
administrative and supervisory costs customarily included by the
Secretary in user fee calculations. The fees and charges, when
collected, shall be credited to the current appropriation account
that incurs the cost and shall be available without fiscal year
limitation to pay the expenses of the Secretary incident to
providing services under this Act. Such fees and charges shall be
assessed against the warehouse operator, irrespective of ownership
or interest in the tobacco, and shall be collected by the
warehouse operator from the sellers of the tobacco. The
inspection and related services under this section shall be
suspended or denied if the warehouse operator fails to collect or
otherwise pay the fees and charges imposed under this section.
Tobacco inspection or certification services provided to
designated auction markets shall take precedence over such
services, other than reinspection, requested under the authority
contained in section 6 of this Act
// 7 USC 56. //
or any other provision of law. In accordance with the Federal
Advisory Committee Act,
// 5 USC app. //
the Secretary shall establish a national advisory committee of
tobacco producers, and advisory subcommittees for each major kind
of tobacco, to advise the Secretary with regard to the level of
inspection and related services and the fees and charges therefor.
The advisory committee and subcommittees established under this
section shall be of permanent duration. The committees shall meet
at the call of the Secretary."; and
(2) in section 6 (7 U.S.C. 511e), amending the first sentence
of the second paragraph as follows: " The Secretary shall fix and
collect such fees or charges in the administration of this section
as will cover, as nearly as practicable, the costs of the services
provided, including administrative and supervisory costs. Such
fees and charges shall be credited to the account referred to in
section 5 of this Act.".
(b) The provisions of this section // 7 USC 511d // shall become
effective October 1, 1981.
Sec. 158. (a) The United States Warehouse Act is amended by--,
(1) amending section 10 (7 U.S.C. 251) to read as follows:
" Sec. 10. The Secretary of Agriculture, or the Secretary's
designateded representative, shall charge, assess, and cause to be
collected a reasonable fee for (1) each examination or inspection of a
warehouse (including the physical facilities and records thereof and the
agricultural products therein) under this Act; (2) each license issued
to any person to classify, inspect, grade, sample, or weigh agricultural
products stored or to be stored under provisions of this Act; (3) each
annual warehouse license issued to a warehouseman to conduct a warehouse
under this Act; and (4) each warehouse license amended, modified,
extended, or reinstated under this Act. Such fees shall cover, as
nearly as practicable, the costs of providing such services and
licenses, including administrative and supervisory costs: Provided,
That the amount of such fees collected for cotton warehouse inspections
shall not exceed $400,000 in the fiscal year ending September 30, 1982,
$415,000 in the fiscal year ending September 30, 1983, and $430,000 in
the fiscal year ending September 30, 1984. All fees collected shall be
credited to the current appropriation account that incurs the costs and
shall be available without fiscal year limitation to pay the expenses of
the Secretary incident to providing services under this Act. The
Secretary may deposit such funds in an interest bearing account with a
financial institution. If any interest is earned on this account such
interest shall be credited to the account for use by the Secretary in
providing such services."; and
(2) amending section 31 (7 U.S.C. 271) to read as follows:
" Sec. 31. There are hereby authorized to be appropriated such sums
as are necessary to carry out the provisions of this Act other than
those services for which fees are authorized pursuant to section 10.
Such appropriated funds may be used by the Secretary to employ qualified
persons not regularly in the service of the United States for temporary
assistance in carrying out the provisions of this Act.".
(b) The provisions of this section // 7 USC 251 // shall become
effective October 1, 1981.
Sec. 159. (a) The Naval Stores Act is amended by--,
(1) in the second sentence of section 4 (7 U.S.C. 94) striking
out "on tender of the cost thereof as required by him,"; and
(2) amending section 8 (7 U.S.C. 98) to read as follows:
" Sec. 8. (a) The Secretary of Agriculture shall fix and cause to be
collected fees and charges for the establishment of standards under
section 3 of this Act // 7 USC 93. // and for examinations, analyses,
classifications, and other services under section 4 of this Act which
shall cover, as nearly as practicable, the costs of providing such
services and standards as the Secretary shall deem necessary, including
administrative and supervisory costs. Such fees and charges, when
collected, shall be credited to the current appropriation account that
incurs such costs and shall be available without fiscal year limitation
to pay the expenses of the Secretary incident to providing such services
and standards under this Act. Fees and charges shall be assessed and
collected from processors and warehousers of naval stores, and
inspection and related services shall be suspended or denied to any such
processor or warehouser upon failure to timely pay the fees and charges
assessed.
"(b) There are hereby authorized to be appropriated such sums as may
be necessary for the enforcement and administration of this Act.".
(b) The provisions of this section // 7 USC 94 // shall become
effective October 1, 1981.
AND
WASTE DISPOSAL AND COMMUNITY FACILITY LOANS,
LOANS TO LOW-INCOME
LIMITED RESOURCE BORROWERS, AND LOANS FOR NONFARM
FACILITIES ON PRIME FARMLANDS
Sec. 160. (a) Section 307(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1927(a)) is amended by--,
(1) in paragraph (2), striking out "and (5)" and inserting in
lieu thereof "(5), and (6)";
(2) in paragraph (4), striking out " The" and inserting in lieu
thereof " Except as provided in paragraph (6), the";
(3) amending paragraph (3) to read as follows:
"(3)(A) Except as provided in paragraph (6), the interest rates on
loans (other than guranteed loans), to public bodies or nonprofit
associations (including Indian tribes on Federal and State reservations
and other federally recognized Indian tribal groups) for water and waste
disposal facilities and essential community facilities shall be set by
the Secretary at rates not to exceed the current market yield for
outstanding municipal obligations with remaining periods to maturity
comparable to the average maturity for such loans, and adjusted to the
nearest one-eighth of 1 per centum; and not in excess of 5 per centum
per annum for any such loans which are for the upgrading of existing
facilities or construction of new facilities as required to meet
applicable health or sanitary standards in areas where the median family
income of the persons to be served by such facility is below the poverty
line prescribed by the Office of Management and Budget as adjusted under
section 624 of the Economic Opportunity Act of 1964 (42 U.S.C 2971d) and
in other areas as the Secretary may designate where a significant
percentage of the persons to be served by such facilities are of low
income, as determined by the Secretary.
"(B) Except as provided in paragraph (6), the interest rates on loans
(other than guaranteed loans) under section 310 D of this title // 7 USC
1934. // shall be as determined by the Secretary, but not in excess of
one-half of 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, nor less than 5 per
centum per annum."; and
(4) adding at the end thereof a new paragraph (6) as follows:
"(6)(A) Notwithstanding any other provision of this section, in the
case of loans (other than guaranteed loans) made or insured under the
authorities of this Act specified in subparagraph (B) for activities
that involve the use of prime farmland as defined in subparagraph (C),
the interest rates shall be the interest rates otherwise applicable
under this section increased by 2 per centum per annum. Wherever
practicable, construction by a State, municipality, or other political
subdivision of local government that is supported by loans described in
the preceding sentence shall be placed on land that is not prime
farmland, in order to preserve the maximum practicable amount of prime
farmlands for production of food and fiber. Where other options exist
for the siting of such construction and where the governmental authority
still desires to carry out such construction on prime farmland, the 2
per centum interest rate increase provided by this clause shall apply,
but such increased interest rate shall not apply where such other
options do not exist.
"(B) The authorities referred to in subparagraph (A) are--,
"(i) clauses (2) and (3) of section 303(a),
// 7 USC 1923 //
"(ii) the provisions of section 304(a)
// 7 USC 1924. //
relating to the financing of outdoor recreational enterprises or
the conversion of farming or ranching operations to recreational
uses,
"(iii) section 304(b),
"(iv) the provisions of section 306(a)(1)
// 7 USC 1926. //
relating to loans for recreational developments and essential
community facilities,
"(v) section 306(a)(15),
"(vi) clause (1) of section 310 B(a),
// 7 USC 1932. //
"(vii) subsections (d) and (e) of section 310 B, and
"(viii) section 310 D(a)
// 7 USC 1934. //
as it relates to the making or insuring of loans under clauses (2)
and (3) of section 303(a).
"(C) For purposes of this paragraph, the term 'prime farmland' means
prime farmlands and unique farmland as those terms are defined in
sections 657.5 (a) and (b) of title 7, Code of Federal Regulations
(1980).".
(b) Section 316(a) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1946(a)) is amended by--,
(1) inserting "(1)" after "(a)";
(2) inserting in the second sentence "and loans as provided in
paragraphs (2) and (3)" after "except for guaranteed loans"; and
(3) adding at the end thereof new paragraphs (2) and (3) as
follows:
"(2) The interest rate on any loan (other than a guaranteed loan) to
a low-income, limited resource borrower under this subtitle shall be the
interest rate otherwise applicable under this section reduced by 3 per
centum per annum.
"(3) The interest rate on any loan (other than a guaranteed loan)
made or insured under clause (5) of section 312(a) // 7 USC 1942. //
for activities that involve the use of prime farmland as defined in
section 307(a)(6)(C) shall be the interest rate otherwise applicable
under this section increased by 2 per centum per annum.".
(c) The amendments made by this section // 7 USC 1927 // shall apply
to loans approved after September 30, 1981.
Sec. 161. Section 321(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1961(a)) is amended by inserting "only to the
extent and in such amounts as provided in advance in appropriation Acts"
after " The Secretary shall make and insure loans under this subtitle".
Sec. 162. (a) Section 324(b)(1) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1964(b)(1)) is amended to read as follows:
"(1) For loans or portions of loans up to the amount of the
applicant's actual loss caused by the disaster, as limited under
subsection (a)(1) of this section, the interest shall be at rates
prescribed by the Secretary, but (A) if the applicant is not able to
obtain sufficient credit elsewhere, not in excess of 8 per centum per
annum, and (B) if the applicant is able to obtain sufficient credit
elsewhere, not in excess of the rate prevailing in the private market
for similar loans, as determined by the Secretary; and".
(b) The amendments made by this section // 7 USC 1964 // shall apply
to loans made with respect to disasters occurring after September 30,
1981.
Sec. 163. Section 329 of the Consolidated Farm and Rural Development
Act // 7 USC 1970. // is amended to read as follows:
" Sec. 329. The Secretary shall make financial assistance under this
subtitle available to any applicant seeking assistance based on
production losses if the applicant shows that a single enterprise which
constitutes a basic part of the applicant's farming, ranching, or
aquaculture operation has sustained at least a 30 per centum loss of
normal per acre or per animal production, or such lesser per centum of
loss as the Secretary may determine, as a result of the disaster based
upon the average monthly price in effect for the previous year and the
applicant otherwise meets the conditions of eligibility prescribed under
this subtitle. Such loans shall be made available based upon 80 per
centum, or such greater per centum as the Secretary may determine, of
the total calculated actual production loss sustained by the
applicant.".
Sec. 164. Section 346 of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1994) is amended by adding at the end thereof a new
subsection (d) as follows:
"(d) Notwithstanding any contrary provisions of subsection (b) of
this section, for fiscal year 1982, loans are authorized to be insured,
or made to be sold and insured, as follows:
"(1) From the Agricultural Credit Insurance Fund--,
purposes,
$700,000,000, and
Not less than 20 per centum of the insured loans authorized for
farm ownership purposes and not less that 20 per centum of the
insured loans authorized for farm operating purposes shall be for
low-income, limited-resource applicants.
"(2) From the Rural Development Insurance Fund--,
loans, $300,000,000,
and
Sec. 165. (a) Section 305(b) of the Rural Electrification Act of
1936 (7 U.S.C. 935(b)) is amended to read as follows:
"(b) Insured loans made under this title shall bear interest at 5 per
centum per annum, except that the Administrator may make insured loans
to electric or telephone borrowers at a lesser interest rate, but not
less than 2 per centum per annum, if, in the Administrator's sole
discretion, the Administrator finds that the borrower--,
"(1) has experienced extreme financial hardship; or
"(2) cannot, in accordance with generally accepted management
and accounting principles and without charging rates to its
customers or subscribers so high as to create a substantial
disparity between such rates and the rates charged for similar
service in the same or nearby areas by other suppliers, provide
service consistent with the objectives of this Act.".
(b) Section 306 of the Rural Electrification Act of 1936 (7 U.S.C.
936) is amended by--,
(1) inserting immediately after the second sentence the
following: " With respect to guarantees issued by the
Administrator under this section, on the request of the borrower
of any such loan so guaranteed, the loan shall be made by the
Federal Financing Bank and at a rate of interest that is not more
than the rate of interest applicable to other similar loans then
being made or purchased by the Bank."; and
(2) striking our "a loan insured at the standard rate" in the
fourth sentence and inserting in lieu thereof "an insured loan".
(c) Section 307 of the Rural Electrification Act of 1936 (7 U.S.C.
937) is amended by striking out "a loan insured at the standard rate"
and inserting in lieu thereof "an insured loan".
(d) The amendments made by subsection (a) of this section // 7 USC
935 // shall apply to loans the applications for which are received by
the Rural Electrification Administration after July 24, 1981.
Sec. 201. (a) Effective on October 1, 1981, the President is
authorized to dispose of the following quantities of materials currently
held in the National Defense Stockpile established by section 3 of the
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98b), // 7
USC 98d // such quantities having been determined to be excess to the
current requirements of the stockpile:
(1) 1,000,000 pounds of iodine.
(2) 1,500,000 carats of diamonds, industrial crushing bort.
(3) 710,253 pounds of mercuric oxide.
(4) 50,000 flasks of mercury.
(5) 6,000,000 pounds of mica, muscovite splittings.
(6) 25,000 pounds of mica, phlogopite splittings.
(7) 46,537,000 troy ounces of silver.
(8) 1,000 short tons of antimony.
(9) 2,000 short tons of asbestos chrysotile.
(10) 50,000 pounds of mica muscovite film, first and second
qualities.
(11) 50,000 pounds of mica muscovite block, stained and lower.
(12) 700 long tons of vegetable tannin extract, wattle.
(b) Effective on October 1, 1982, the President is authorized to
dispose of the following quantities of materials currently held in the
National Defense Stockpile, such quantities having been determined to be
excess to the current requirements of the stockpile:
(1) 44,682,000 troy ounces of silver.
(2) 1,000 short tons of antimony.
(3) 2,000 short tons of asbestos chrysotile.
(4) 1,500,000 carats of diamond stones.
(5) 1,000,000 pounds of iodine.
(6) 50,000 pounds of mica muscovite film, first and second
qualities.
(7) 50,000 pounds of mica muscovite block, stained and lower.
(8) 697 long tons of vegetable tannin extract, wattle.
(c) Effective on October 1, 1983, the President is authorized to
dispose of the following quantities of materials currently held in the
National Defense Stockpile, such quantities having been determined to be
excess to the current requirements of the stockpile:
(1) 13,900,000 troy ounces of silver.
(2) 1,000 short tons of antimony.
(3) 6,000 short tons of asbestos amosite.
(4) 2,000 short tons of asbestos chrysotile.
(5) 1,500,000 carats of diamond stones.
(6) 197,465 carats of diamonds, industrial crushing bort.
(7) 213,000 pounds of iodine.
(8) 50,000 pounds of mica muscovite film, first and second
qualities.
(9) 50,000 pounds of mica muscovite block, stained and lower.
(d)(1) The authority to enter into contracts for the disposal of
materials in the stockpile under the disposal authorizations contained
in paragraphs (7) through (12) of subsection (a) expires on September
30, 1982.
(2) The authority to enter into contracts for the disposal of
materials in the stockpile under the disposal authorizations contained
in subsection (b) expires on September 30, 1983.
(3) The authority to enter into contracts for the disposal of
materials in the stockpile under the disposal authorizations contained
in subsection (c) expires on September 30, 1984.
(e) Any disposal under the authority of subsection (a), (b), or (c)
shall be carried out in accordance with the provisions of the Strategic
and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.).
(f)(1) The authority contained in subsections (b)(1) and (c)(1) shall
not become effective unless the President, not later than September 1,
1982, determines that the silver authorized for disposal by such
subsections is excess to the requirements of the stockpile as of that
date.
(2) A determination by the President under paragraph (1) shall be
based upon consideration of such factors as the President considers
relevant, including the following factors:
(A) The demand for silver in each of the next ten years for the
industrial, military, and naval needs of the United States for
national defense.
(B) The domestic supply of silver for each of the next ten
years, as a function of price, that would be available to meet the
demand identified under subparagraph (A).
(C) The potential dependency of the United States on foreign
supplies of silver in each of the next ten years to meet the
demand identified under subparagraph (A).
(D) The effect of disposal under subsections (b)(1) and (c)(1)
on (i) the world silver market (in terms of price and supply),
(ii) the domestic and international silver mining industry (in
terms of exploration and production), (iii) international currency
and monetary policy, and (iv) long range military preparedness.
(3) If the President makes a determination described in paragraph
(1), he shall promptly report to the Committees on Armed Services of the
Senate and House of Representatives that he has made such determination
and shall include a detailed discussion and analysis of the factors set
forth in paragraph (2) and other relevant factors.
Sec. 202. (a) Effective on October 1, 1981, there is authorized to
be appropriated the sum of $535,000,000 for the acquisition of strategic
and critical materials under section 6(a) of // 50 USC 98d // the
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98e( a)).
(b) Any acquisition using funds appropriated under the authorization
of subsection (a) shall be carried out in accordance with the provisions
of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98
et seq.).
Sec. 203. (a) Section 5(a) of the Strategic and Critical Materials
Stock Piling Act (50 U.S.C. 98d(a)) is amended--,
(1) by inserting "(1)" after "(a)";
(2) by inserting "and other incidental expenses" after
"transportation";
(3) by striking out "for a period of five fiscal years, if so
provided in appropriation Acts" and inserting in lieu thereof
"until expended, unless otherwise provided in appropriation Acts";
and
(4) by adding at the end thereof the following new paragraph:
"(2) If for any fiscal year the President proposes certain stockpile
transactions in the annual materials plan submitted to Congress for that
year under section 11(b) // 50 USC 98h-2. // and after that plan is
submitted the President proposes (or Congress requires) a significant
change in any such transaction, or a significant transaction not
included in such plan, no amount may be obligated or expended for such
transaction during such year until the President has submitted a full
statement of the proposed transaction to the appropriate committees of
Congress and a period of 30 days has passed from the date of the receipt
of such statement by such committees or until each such committee,
before the expiration of such period, notifies the President that it has
no objection to the proposed transaction. In computing any 30-day
period for the purpose of the preceding sentence, there shall be
excluded any day on which either House of Congress is not in session
because of an adjournment of more than three days to a day certain.".
(b) Section 5(b) of such Act (50 U.S.C. 98d(b)) is amended--,
(1) by inserting "(1)" after "from the stockpile"; and
(2) by striking out the period at the end and inserting in lieu
thereof ", or (2) if the disposal would result in there being a
balance in the National Defense Stockpile Transaction Fund in
excess of $1,000,000,000 or, in the case of a disposal to be made
after September 30, 1983, if the disposal would result in there
being a balance in the fund in excess of $500,000,000.".
(c) Section 6(a)(6) of such Act (50 U.S.C. 98e(a)(6)) is amended by
inserting "subject to the provisions of section 5(b)," after "(6)".
(d)(1) Section 9(b)(1) of such Act (50 U.S.C. 98h(b)(1) is amended by
striking out "or until" and all that follows in such section and
inserting in lieu thereof a period.
(2) Section 9(b)(3) of such Act (50 U.S.C. 98h(b)(3)) is amended to
read as follows:
"(3) Moneys in the fund, when appropriated, shall remain available
until expended, unless otherwise provided in appropriation Acts.".
(e) Section 11 of such Act (50 U.S.C. 98h-2) is amended--,
(1) by inserting "(a)" after " Sec. 11."; and
(2) by adding at the end thereof the following new subsection:
"(b) The President shall submit to the appropriate committees of the
Congress each year with the Budget submitted to Congress pursuant to
section 201(a) of the Budget and Accounting Act, 1921 (31 U.S.C. 11(
a)), for the next fiscal year a report containing an annual materials
plan for the operation of the stockpile during such fiscal year and the
succeeding four fiscal years. Each such report shall include details of
planned expenditures for acquisition of strategic and critical materials
during such period (including expenditures to be made from
appropriations from the general fund of the Treasury) and of anticipated
receipts from proposed disposals of stockpile materials during such
period.".
(f) The amendments made by subsection (a) // 50 USC 98d // shall
apply with respect to funds appropriated for fiscal years beginning
after September 30, 1981.
RETIRED PAY
Sec. 211. (a) For cost savings achieved through elimination of one
of the present semiannual increases in military retired and retainer
pay, contingent upon a similar change in law being made with respect to
the civil service retirement system, see section 812(b) of the
Department of // 10 USC 1401a // Defense Authorization Act, 1981 (Public
Law 96-342; 94 Stat. 1098).
(b) Section 812(b)(1) of the Department of Defense Authorization Act,
1981, is amended by striking out "subject to paragraph (3)" and
inserting in lieu thereof "subject to paragraph (2)".
Sec. 212. (a)(1) Any eligible member who on the date of the
enactment of this Act // 10 USC 1448 // is not a participant in the
Survivor Benefit Plan may elect to participate in the Plan during the
open enrollment period specified in subsection (b).
(2) Any eligible member who on the date of the enactment of this Act
is a participant in the Plan but elected not to participate in the Plan
at the maximum level or (in the case of an eligible member who is
married) elected to provide an annuity under the Plan for a dependent
child and not for the member's spouse may during the open enrollment
period elect to participate in the Plan at a higher level or to provide
an annuity under the Plan for the eligible member's spouse at a level
not less than the level provided for the dependent child.
(3) Any such election shall be made in the same manner as an election
under section 1448 of such title and shall be effective when received by
the Secretary concerned. Notwithstanding the last sentence of section
1452(a) of such title, the reduction in retired or retainer pay
prescribed by the first sentence of such section shall, in the case of
an individual making an election under paragraph (1), begin on the first
day of the first month beginning after such election is effective.
(b) The open enrollment period is the period beginning on October 1,
1981, and ending on September 30, 1982.
(c) If an individual making an election under subsection (a) dies
before the end of the two-year period beginning on the date of that
election, the election is void and the amount of any reduction in the
retired or retainer pay of such individual that is attributable to the
election shall be paid in a lump sum to that individual's beneficiary
under the Plan (as designated under that election).
(d) Sections 1449, 1453, and 1454 of title 10, United States Code,
are applicable to individuals making elections and to elections under
this section.
(e) For the purposes of this section:
(1) The term "eligible member" means a member or former member
of the uniformed services who on the date of the enactment of this
Act is entitled to retired or retainer pay.
(2) The term " Survivor Benefit Plan" or " Plan" means the
program established under subchapter II of chapter 73 of title 10,
United States Code.
// 10 USC 1447. //
(3) The term " Secretary concerned" has the meaning given such
term in section 101(5) of title 37, United States Code.
Sec. 300. This subtitle // 42 USC 5301 // may be cited as the "
Housing and Community Development Amendments of 1981".
Sec. 301. Section 103 of the Housing and Community Development Act
of 1974 // 42 USC 5303. // is amended to read as follows:
" Sec. 103 The Secretary is authorized to make grants to States,
units of general local government, and Indian tribes to carry out
activities in accordance with the provisions of this title. There are
authorized to be appropriated for these purposes not to exceed
$4,166,000,000 for each of the fiscal years 1982 and 1983. Sums
appropriated pursuant to this section shall remain available until
expended.".
Sec. 302. (a) The caption of section 104 of the Housing and
Community Development Act of 1974 // 42 USC 5304. // is amended to read
as follows: " STATEMENT OF ACTIVITIES AND REVIEW".
(b) Subsections (a), (b), and (c) of section 104 of such Act are
amended to read as follows:
"(a)(1) Prior to the receipt in any fiscal year of a grant under
section 106(b) // 42 USC 5306; // by any metropolitan city or urban
county, under section 106(d) by any State, or under section 106(d)(2)(
B) by any unit of general local government, the grantee shall have
prepared a final statement of community development objectives and
projected use of funds and shall have provided the Secretary with the
certifications required in subsection (b) and, where appropriate,
subsection (c). In the case of metropolitan cities and urban counties
receiving grants pursuant to section 106(b) and in the case of units of
general local government receiving grants pursuant to section 106(d)(
2)(B), the statement of projected use of funds shall consist of proposed
community development activities. In the case of States receiving
grants pursuant to section 106(d), the statement of projected use of
funds shall consist of the method by which the States will distribute
funds to units of general local government.
"(2) In order to permit public examination and appraisal of such
statements, to enhance the public accountability of grantees, and to
facilitate coordination of activities with different levels of
government, the grantee shall--,
"(A) furnish citizens information concerning the amount of
funds available for proposed community development and housing
activities and the range of activities that may be undertaken;
"(B) publish a proposed statement in such manner to afford
affected citizens or, as appropriate, units of general local
government an opportunity to examine its content and to submit
comments on the proposed statement and on the community
development performance of the grantee; and
"(C) hold one or more public hearings to obtain the views of
citizens on community development and housing needs.
In preparing the final statement, the grantee shall consider any such
comments and views and may, if deemed appropriate by the grantee, modify
the proposed statement. The final statement shall be made available to
the public, and a copy shall be furnished to the Secretary together with
the certifications required under subsection (b) and, where appropriate,
subsection (c).
"(b) Any grant under section 106 // 42 USC 5306. // shall be made
only if the grantee certifies to the satisfaction of the Secretary
that--,
"(1) the grantee is in full compliance with the requirements of
subsection (a)(2) (A), (B), and (C) and has made the final
statement available to the public;
"(2) the grant will be conducted and administered in conformity
with Public Law 88-352 and Public Law 90 - 284;
// 42 USC 2000a 82 Stat. 73. //
"(3) the projected use of funds has been developed so as to
give maximum feasible priority to activities which will benefit
low--, and moderate-income families or aid in the prevention or
elimination of slums or blight; the projected use of funds may
also include activities which the grantee certifies are designed
to meet other community development needs having a particular
urgency because existing conditions pose a serious and immediate
threat to the health or welfare of the community where other
financial resources are not available to meet such needs; and
"(4) the grantee will comply with the other provisions of this
title and with other applicable laws.
"(c)(1) Any grant made under section 106(b) shall be made only if the
unit of general local government certifies that it is following a
current housing assistance plan which has been approved by the Secretary
and which--,
"(A) accurately surveys the condition of the housing stock in
the community and assesses the housing assistance needs of lower
income persons (including elderly and handicapped persons, large
families, owners of homes requiring rehabilitation assistance, and
persons displaced or to be displaced) residing in or expected to
reside in the community as a result of existing or projected
changes in employment opportunities and population in the
community (and those elderly persons residing in or expected to
reside in the community), or as estimated in a community accepted
State or regional housing opportunity plan approved by the
Secretary, and identifies housing stock which is in a deteriorated
condition, including the impact of conversion of rental housing to
condominium or cooperative ownership on such needs;
"(B) specifies a realistic annual goal for the number of
dwelling units or lower income persons to be assisted, including
(i) the relative proportion of new, rehabilitated, and existing
dwelling units, including existing rental and owner occupied
dwelling units to be upgraded and thereby preserved, (ii) the
sizes and types of housing projects and assistance best suited to
the needs of lower income persons in the community, and (iii) in
the case of subsidized rehabilitation, adequate provisions to
assure that a preponderance of persons assisted should be of low
and moderate income; and
"(C) indicates the general locations of proposed housing for
lower income persons, with the objective of (i) furthering the
revitalization of the community, including the restoration and
rehabilitation of stable neighborhoods to the maximum extent
possible, and the reclamation of the housing stock where feasible
through the use of a broad range of techniques for housing
restoration by local government, the private sector, or community
organizations, including provision of a reasonable opportunity for
tenants displaced as a result of such activities to relocate in
their immediate neighborhood, (ii) promoting greater choice of
housing opportunities and avoiding undue concentrations of
assisted persons in areas containing a high proportion of
low-income persons, and (iii) assuring the availability of public
facilities and services adequate to serve proposed housing
projects.
"(2) The Secretary shall establish such dates and manner for the
submission of housing assistance plans described in paragraph (1) as the
Secretary may prescribe.".
(c)(1) Section 104(d) of such Act // 42 USC 5304 // is amended to
read as follows:
"(d) Each grantee shall submit to the Secretary, at a time determined
by the Secretary, a performance report concerning the use of funds made
available under section 106, together with an assessment by the grantee
of the relationship of such use to the objectives identified in the
grantee's statement under subsection (a). The Secretar shall, at least
on an annual basis, make such reviews and audits as may be necessary or
appropriate to determine--,
"(1) in the case of grants made under section 106(b) or section
106(d)(2)(B), whether the grantee has carried out its activities
and, where applicable, its housing assistance plan in a timely
manner, whether the grantee has carried out those activities and
its certifications in accordance with the requirements and the
primary objectives of this title and with other applicable laws,
and whether the grantee has a continuing capacity to carry out
those activities in a timely manner; and
"(2) in the case of grants to States made under section 106(
d), whether the State has distributed funds to units of generals
local government in a timely manner and in conformance to the
method of distribution described in its statement, whether the
State has carried out its certifications in compliance with the
requirements of this title and other applicable laws, and whether
the State has made such reviews and audits of the units of general
local government as may be necessary or appropriate to determine
whether they have satisfied the applicable performance criteria
described in paragraph (1) of this subsection.
The Secretary may make appropriate adjustments in the amount of the
annual grants in accordance with the Secretary's findings under this
subsection. With respect to assistance made available to units of
general local governments under section 106(d), the Secretary may
adjust, reduce, or withdraw such assistance, or take other action as
appropriate in accordance with the Secretary's reviews and audits under
this subsection, except that funds already expended on eligible
activities under this title shall not be recaptured or deducted from
future assistance to such units of general local government.".
(2) The amendment made by paragraph (1) // 42 USC 5304 // shall take
effect on October 1, 1982.
(d) Section 104 of such Act // 42 USC 5304. // is amended by
striking out subsections (e) and (f) and redesignating subsections (g),
(h), (i), and (j) as subsections (e), (f), (g), and (h).
(e) Section 104(f) of such Act, as redesignated by subsection (d) of
this section, is amended--,
(1) by striking out "applicants" in paragraph (1) and inserting
in lieu thereof "recipients of assistance under this title";
(2) by striking out "applicant" wherever it appears and
inserting in lieu thereof "recipient of assistance under this
title";
(3) by striking out "applications and" in the last sentence of
paragraph (2); and
(4) by adding the following new paragraph at the end thereof:
"(4) In the case of grants made to States pursuant to section 106(
d), the State shall perform those actions of the Secretary described in
paragraph (2) and the performance of such actions shall be deemed to
satisfy the Secretary's responsibilities referred to in the second
sentence of such paragraph.".
(f) Section 104(g) of such Act, as redesignated by subsection (d) of
this section, is amended--,
(1) by striking out paragraph (1) and inserting in lieu thereof
the following:
"(1) Units of general local government receiving assistance under
this title may receive funds, in one payment, in an amount not to exceed
the total amount designated in the grant (or, in the case of a unit of
general local government receiving a distribution from a State pursuant
to section 106(d), not to exceed the total amount of such distribution)
for use in establishing a revolving loan fund which is to be established
in a private financial institution and which is to be used to finance
rehabilitation activities assisted under this title. Rehabilitation
activities authorized under this section shall begin within 45 days
after receipt of such payment."; and
(2) by striking out the last two sentences of paragraph (2).
Sec. 303. (a) Section 105(a) of the Housing and Community
Development Act of 1974 // 42 USC 5305. // is amended--,
(1) by striking out paragraph (8) and inserting in lieu thereof
the following:
"(8) provision of public services, including but not limited to
those concerned with employment, crime prevention, child care,
health, drug abuse, education, energy conservation, welfare or
recreation needs, if such services have not been provided by the
unit of general local government (through funds raised by such
unit, or received by such unit from the State in which it is
located) during any part of the twelve-month period immediately
preceding the date of submission of the statement with respect to
which funds are to be made available under this title, and which
are to be used for such services, unless the Secretary finds that
the discontinuation of such services was the result of events not
within the control of the unit of general local government, except
that not more than 10 percentum of the amount of any assistance to
a unit of general local government under this title may be used
for activities this paragraph;";
(2) by inserting the following before the semicolon at the end
of paragraph (13) ", and including the carrying out of activities
as described in section 701(e) of the Housing Act of 1954
// 94 Stat. 1662. //
on the date prior to the date of enactment of the Housing and
Community Development Amendments of 1981";
(3) by striking out "and" at the end of paragraph (15);
(4) by striking out the period at the end of paragraph (16) and
inserting in lieu thereof "; and"; and
(5) by adding at the end thereof the following new paragraph:
"(17) provision of assistance to private, for-profit entities,
when the assistance is necessary or appropriate to carry out an
economic development project.".
(b) In fiscal years 1982, 1983, and 1984, the Secretary may waive the
limitation on the amount of funds which may be used for public services
activities under section 105(a)(8) of the Housing and Community
Development Act of 1974, as amended by this Act, // 42 USC 5305 // in
the case of a unit of general local government which, during fiscal year
1981, allocated more than 10 per centum of funds received under title I
of the Housing and Community Development Act of 1974 // 42 USC 501. //
for such activities.
Sec. 304. (a) Section 106(a) of the Housing and Community
Development Act of 1974 // 42 USC 5306. // is amended to read as
follows:
"(a) Of the amount approved in an appropriation Act under section 103
for grants in any year (excluding the amounts provided for use in
accordance with section 107 and section 107 and section 119), 70 per
centum shall be allocated by the Secretary to metropolitan cities and
urban counties. Except as otherwise specifically authorized, each
metropolitan city and urban county shall be entitled to an annual grant
from such allocation in an amount not exceeding its basic amount
computed pursuant to paragraph (1) or (2) of subsection (b).".
(b) Section 106 of such Act // 42 USC 5306. // is amended by
striking out subsection (c) and redesignating subsections (d), (e), (f),
and (g) as subsections (c), (d), (e), and (f), respectively.
(c) Section 106(c), as redesignated by subsection (b) of this
section, is amended to read as follows:
"(c)(1) Except as provided in paragraph (2), any amounts allocated to
a metropolitan city or an urban county pursuant to the preceding
provisions of this section which are not received by the city or county
for a fiscal year because of failure to meet the requirements of section
104(a), (b), or (c), or which become available as a result of actions
under section 104(d) or 111, // 42 USC 5311. // shall be reallocated in
the succeeding fiscal year to the other metropolitan cities and urban
counties in the same metropolitan area which certify to the satisfaction
of the Secretary that they would be adversely affected by the loss of
such amounts from the metropolitan area. The amount of the share of
funds reallocated under this paragraph for any metropolitan city or
urban county shall bear the same ratio to the total of such reallocated
funds in the metropolitan area as the amount of funds awarded to the
city or county for the fiscal year in which the reallocated funds become
available bears to the total amount of funds awarded to all metropolitan
cities and urban counties in the same metropolitan area for that fiscal
year, except that--,
"(A) in determining the amounts awarded to cities or counties
for purposes of calculating shares pursuant to this sentence,
there shall be excluded from the award of any city or county any
amounts which become available as a result of actions against such
city or county under section 111;
"(B) in reallocating amounts resulting from an action under
section 104(d) or section 111, the city or county against whom any
such action was taken shall be excluded from the calculation of
shares for purposes of reallocating the amounts becoming available
as a result of such action; and
"(C) in no event may the share of reallocated funds for any
metropolitan city or urban county exceed 25 per centum of the
amount awarded to the city or county under section 106(b)
// 42 USC 5306. //
for the fiscal year in which the reallocated funds under this
paragraph become available.
Any amounts allocated under section 106(b) which become available for
reallocation and for which no metropolitan city or urban county
qualifies under this paragraph shall be added to amounts available for
allocation under such section 106(b) in the succeeding fiscal year.
"(2) Notwithstanding any other provision of this title, the Secretary
shall make grants from amounts authorized for use under section 106(b)
by the Department of Housing and Urban Development--, Independent
Agencies Appropriation Act, 1981, // 94 Stat. 3044. // in accordance
with the provisions of this title which governed grants with respect to
such amounts, as such provisions existed prior to the effective date of
the Housing and Community Development Amendments of 1981, except that
any such amounts which are not obligated before January 1, 1982, shall
be reallocated in accordance with paragraph (1).".
(d) Section 106(d)(1) of such Act, as redesignated by subsection (b)
of this section, is amended--,
(1) by striking out "section 103(a)" and all that follows
through "nonmetropolitan areas of each State" in the first
sentence and inserting in lieu thereof the following: "section
103 for grants in any year (excluding the amounts provided for use
in accordance with section 107 and section 119), 30 per centum
shall be allocated among the States for use in nonentitlement
areas. The allocation for each State shall be"; and
(2) by striking out "nonmetropolitan" wherever it appears and
inserting in lieu thereof "nonentitlement".
(e) Section 106(d) of such Act, as redesignated by subsection (b) of
this section, is amended by striking out paragraphs (2) and (3) and
inserting in lieu thereof the following:
"(2)(A) Amounts allocated under paragraph (1) shall be distributed to
units of general local government located in nonentitlement areas of the
State to carry out activities in accordance with the provisions of this
title--,
"(i) by the State, consistent with the statement submitted
under section 104(a); or
"(ii) by the Secretary, in any case described in subparagraph
(B), for use by units of general local government in accordance
with paragraph (3)(B).
Notwithstanding any provision of this title, the Secretary shall make
grants from amounts authorized for use in nonentitlement areas by the
Department of Housing and Urban Development-Independent Agencies
Appropriation Act, 1981, // 94 Stat. 3044. // in accordance with the
provisions of this title wich governed grants with respect to such
amounts, as such provisions existed prior to the effective date of the
Housing and Community Development Amendments of 1981. Any amounts under
the preceding sentence (except amounts for which preapplications have
been approved by the Secretary prior to October 1, 1981, and which have
been obligated by January 1, 1982) which are or become available for
obligation after fiscal year 1981 shall be available for distribution in
the State in which the grants from such amounts were made, by the State
or by the Secretary, whichever is distributing the State allocation in
the fiscal year in which such amounts are or become available.
"(B) The Secretary shall distribute amounts allocated under paragraph
(1) where--,
"(i) the State has elected in such manner and before such time
as the Secretary may prescribe, not to distribute such amounts;
or
"(ii) the State has failed to submit the certifications
described in subparagraph (C).
"(C) To receive and distribute amounts allocated under paragraph (1),
the Governor must certify that the State, with respect to units of
general local government in nonentitlement areas--,
"(i) engages or will engage in planning for community
development activities;
"(ii) provides or will provide technical assistance to units of
general local government in connection with community development
programs;
"(iii) will provide, out of State resources, funds for
community development activities in an amount which is at least 10
per centum of the amounts allocated for use in the State pursuant
to paragraph (1); and
"(iv) has consulted with local elected officials from among
units of general local government located in nonentitlement areas
of that State in determining the method of distribution of funds
required by subparagraph (A).
"(3)(A) If the State receives and distributes such amounts, it shall
be responsible for the administration of funds so distributed. The
State shall pay from its own resources all administrative expenses
incurred by the State in carrying out its responsibilities under this
title, except that from the amounts received for distribution in
nonentitlement areas, the State may deduct an amount not to exceed 50
per centum of the costs incurred by the State in carrying out such
responsibilities. Amounts so deducted shall not exceed 2 per centum of
the amount so received.
"(B) If the Secretary distributes such amounts, the distribution
shall be made in accordance with determinations of the Secretary
pursuant to statements submitted and the other requirements of section
104 (other than subsection (c)) and in accordance with regulations and
procedures prescribed by the Secretary.
"(C) Any amounts allocated for use in a State under this subsection
which become available as a result of actions under section 104(d) or
111 shall--,
"(i) in the case of actions against units of general local
government in nonentitlement areas, be added to amounts available
for distribution in the State in the fiscal year in which the
amounts become so available; or
"(ii) in the case of actions against the State, be added to
amounts available for distribution in the State in the succeeding
fiscal year.
Amounts reallocated under this subparagraph shall be available for
distribution by the State or by the Secretary, whichever is distributing
the State allocation in the fiscal year in which such reallocated
amounts are added.
"(4) In computing amounts under paragraph (1), Indian tribes shall be
excluded.".
(f) Section 106(f), as redesignated by subsection (b) of this
section, is amended by striking out "(1)" and all that follows through
"106(e)" and inserting in lieu thereof "all basic grant entitlement
amounts".
Sec. 305. Section 107 of the Housing and Community Development Act
of 1974 // 42 USC 5307. // is amended to read as follows:
" Sec. 107. (a) Of the totla amount approved in appropriation Acts
under section 103 for each of the fiscal years 1982 and 1983, not more
than $60,000,000 for each of the fiscal years 1982 and 1983 may be set
aside in a special discretionary fund for grants under subsection (b).
Grants under this section are in addition to any other grants which may
be made under this title to the same entities for the same purposes.
"(b) From amounts set aside under subsection (a), the Secretary is
authorized to make grants--,
"(1) in behalf of new communities assisted under title VII of
the Housing and Urban Development Act of 1970
// 42 USC 4501. //
or title IV of the Housing and Urban Development Act of 1968
// 42 USC 3901. //
or in behalf of new community projects assisted under title X of
the National Housing Act
// 12 USC 1749aa. //
which meet the eligibility standards set forth in title VII of the
Housing and Urban Development Act of 1970 and which were the
subject of an application or preapplication under such title prior
to January 14, 1975;
"(2) in Guam, the Virgin Islands, American Samoa, the Northern
Mariana Islands, and the Trust Territory of the Pacific Islands;
"(3) to Indian tribes; and
"(4) to States, units of general local government, Indian
tribes,
or areawide planning organizations for the purpose of providing
technical assistance in planning, developing, and administering
assistance under this title, and to States and units of general
local government for implementing special projects otherwise
authorized under this title. The Secretary may also provide,
directly or through contracts, technical assistance under this
paragraph to such governmental units, or to a group designated by
such a governmental unit for the purpose of assisting that
governmental unit to carry out assistance under this title.
"(c) Amounts set aside for use under subsection (b) in any fiscal
year but not used in that year shall remain available for use in
subsequent fiscal years in accordance with the provisions of that
subsection.
"(d)(1) Except as provided in paragraph (2), no grant may be made
under this section or section 119 unless the applicant provides
satisfactory assurance that its program will be conducted and
administered // 42 USC 2000a // in conformity with Public Law 88 - 352
and Public Law 90 - 284.
"(2) No grant may be made to an Indian tribe under this section or
section 119 unless the applicant provides satisfactory assurances that
its program will be conducted and administered in conformity with title
II of Public Law 90 - 284. // 82 Stat. 73. // The Secretary may waive,
in connection with // 42 USC 5309, 5310. // grants to Indian tibes, the
provisions of section 109 and section 110.
"(3) The Secretary may accept a certification from the applicant that
it has complied with the requirements of paragraph (1) or (2), as
appropriate.".
Sec. 306. Section 109(a) of the Housing and Community Development
Act of 1974 // 42 USC 5309. // is amended by adding the following new
sentence at the end thereof: " Any prohibition against discrimination
on the basis of age under the Age Discrimination Act of 1975 // 42 USC
6101 // or with respect to an otherwise qualified handicapped individual
as provided in section 504 of the Rehabilitation Act of 1973 // 29 USC
794. // shall also apply to any such program or activity.".
TRANSITIONAL PROVISIONS
Sec. 307. (a) Any amounts appropriated for any fiscal year before
fiscal year 1982 in a Department of Housing and Urban Development--,
Independent Agencies Appropriation Act or a Supplemental Appropriation
Act under the head " COMMUNITY DEVELOPMENT GRANTS" // 42 USC 5306 //
which are or become available for obligation on or after October 1,
1981, shall remain available as provided by law, and shall be used in
accordance with the following:
(1) funds authorized for use under section 106(b) of the
Housing and Community Development Act of 1974
// 42 USC 5306. //
("such Act") before October 1, 1981, shall be available for use as
provided by section 106(c) of such Act
// 94 Stat. 1621. //
as amended by this Act;
(2) funds authorized for use under section 107 of such Act
// 42 USC 5307. //
before October 1, 1981, shall be available for use as provided by
section 107(a) of such Act
// 94 Stat. 1618. //
as amended by this Act; and
(3) funds authorized for use under section 106(c) or (e) of
such Act
// 94 Stat. 1621 //
before October 1, 1981, shall be available for use as provided by
section 106(d)(2)(A) of such Act
// 42 USC 5306. //
as amended by this Act.
(b) Any grant or loan which, prior to the effective date of any
provision of this part, was obligated and governed by any authority
amended by any provision of this part shall continue to be governed by
the provisions of such authority as they existed immediately before such
effective date.
URBAN DEVELOPMENT ACTION GRANTS
Sec. 308. (a) Section 119 of the Housing and Community Development
Act of 1974 // 42 USC 5318. // is amended to read as follows:
" Sec. 119. (a) The Secretary is authorized to make urban
development action grants to cities and urban counties which are
experiencing severe economic distress to help stimulate economic
development activity needed to aid in economic recovery. Of the total
amount approved in appropriation Acts under section 103 // 42 USC 5303.
// for each of the fiscal years 1982 and 1983, not more than
$500,000,000 shall be available for each of the fiscal years 1982 and
1983 for grants under this section.
"(b)(1) Urban development action grants shall be made only to cities
and urban counties which have, in the determination of the Secretary,
demonstrated results in providing housing for low-and moderate-income
persons and in providing equal opportunity in housing and employment for
low-and moderate-income persons and members of minority groups. The
Secretary shall issue regulations establishing criteria in accordance
with the preceding sentence and setting forth minimum standards for
determining the level of economic distress of cities and urban counties
eligibility for such grants. These standards shall take into account
factors such as the age of housing; the extent of poverty; the extent
of population lag; growth of per capita income; and, where data are
available, the extent of unemployment and job lag.
"(2) A city or urban county which fails to meet the minimum standards
established pursuant to paragraph (1) shall be eligible for assistance
under this section if it meets the requirements of the first sentence of
such paragraph and--,
"(A) in the case of a city with a population of fifty thousand
persons or more or an urban county, contains an area (i) composed
of one or more contiguous census tracts, enumeration districts, or
block groups, as defined by the United States Bureau of the
Census, having at least a population of ten thousand persons or 10
per centum of the population of the city or urban county; (ii) in
which at least 70 per centum of the residents have incomes below
80 per centum of the median income of the city or urban county;
and (iii) in which at least 30 per centum of the residents have
incomes below the national poverty level; or
"(B) in the case of a city with a population of less than fifty
thousand persons, contains an area (i) composed of one or more
contiguous census tracts, enumeration districts, or block groups
or other areas defined by the United States Bureau of the Census
or for which data certified by the United States Bureau of the
Census are available having at least a population of two thousand
five hundred persons or 10 per centum of the population of the
city, whichever is greater; (ii) in which at least 70 per centum
of the residents have incomes below 80 per centum of the median
income of the city; and (iii) in which at least 30 per centum of
the residents have incomes below the national poverty level.
The Secretary shall use up to, but not more than, 20 per centum of the
funds appropriated for use in any fiscal year under this section for the
purpose of making grants to cities and urban counties eligible under
this paragraph.
"(c) Applications for assistance under this section shall--,
"(1) in the case of an application for a grant under subsection
(b)(2), include documentation of grant eligibility in accordance
with the standards described in that subsection;
"(2) set forth the activities for which assistance is sought,
including (A) an estimate of the costs and general location of the
activities; (B) a summary of the public and private resources
which are expected to be made available in connection with the
activities, including how the activities will take advantage of
unique opportunities to attract private investment; and (C) an
analysis of the economic benefits which the activities are
expected to produce;
"(3) contain a certification satisfactory to the Secretary that
the applicant, prior to submission of its application, (A) has
held public hearings to obtain the views of citizens, particularly
residents of the area in which the proposed activities are to be
carried out, and (B) has analyzed the impact of these proposed
activities on the residents, particularly those of low and
moderate income, of the residential neighborhood, and on the
neighborhood in which they are to be carried out: and
"(4) contain a certification satisfactory to the Secretary that
the applicant, prior to submission of its application, (A) has
identified all properties, if any, which are included on the
National Register of Historic Places and which, as determined by
the applicant, will be affected by the project for which the
application is made; (B) has identified all other properties, if
any, which will be affected by such project and which, as
determined by the applicant, may meet the criteria established by
the Secretary of the Interior for inclusion on such Register,
together with documentation relating to the inclusion of such
properties on the Register; (C) has determined the effect, as
determined by the applicant, of the project on the properties
identified pursuant to clauses (A) and (B); and (D) will comply
with the requirements of section 121.
// 94 Stat. 1620, //
"(d)(1) Except in the case of a city or urban county eligible under
subsection (b)(2), // 42 USC 5320 // the Secretary shall establish
selection criteria for grants under this section which must include (A)
as the primary criterion, the compartive degree of economic distress
among applicats, as measured (in the case of a metropolitan city or
urban county) by the differences in the extent of growth lag, the extent
of poverty, and the adjusted age of housing in the metropolitan city or
urban county; (B) other factors determined to be relevant by the
Secretary in assessing the comparative degree of economic deterioration
in cities and urban counties; and (C) at least the following other
criteria: demonstrated performance of the city or urban county in
housing and community development programs; the extent to which the
grant will stimulate economic recovery by leveraging private investment;
the number of permanent jobs to be created and their relation to the
amount of grant funds requested; the proportion of permanent jobs
accessible to lower income persons and minorities, including persons who
are unemployed; the impact of the proposed activities on the fiscal
base of the city or urban county and its relation to the amount of grant
funds requested; the extent to which State or local government funding
or special economic incentives have been committed; and the feasibility
of accomplishing the proposed activities in a timely fashion within the
grant amount available.
"(2) For the purpose of making grants with respect to areas described
in subsection (b)(2), the Secretary shall establish selection criteria,
which must include (A) factors determined to be relevant by the
Secretary in assessing the comparative degree of economic deterioration
among eligible areas, and (B) such other criteria as the Secretary may
determine, including at a minimum the criteria listed in paragraph
(1)(C) of this subsection.
"(e) The Secretary may not approve any grant to a city or urban
county eligible under subsection (b)(2) unless--,
"(1) the grant will be used in connection with a project
located in an area described in subsection (b)(2), except that the
Secretary may waive this requirement where the Secretary
determines (A) that there is no suitable site for the project
within that area, (B) the project will be located directly
adjacent to that area, and (C) the project will contribute
substantially to the economic development of that area;
"(2) the city or urban county has demonstrated to the
satisfaction of the Secretary that basic services supplied by the
city or urban county to the area described in subsection (b)(2)
are at least equivalent as measured by per capita expenditures, to
those supplied to other areas within the city or urban county
which are similar in population size and physical characteristics
and which have median incomes above the median income for the city
or urban county;
"(3) the grant will be used in connection with a project which
will directly benefit the low-and moderate-income families and
individuals residing in the area described in subsection (b)(2);
and
"(4) the city or urban county makes available, from its own
funds or from funds received from the State or under any Federal
program which permits the use of financial assistance to meet the
non-Federal share requirements of Federal grant-in-aid programs,
an amount equal to 20 per centum of the grant to be available
under this section to be used in carrying out the activities
described in the application.
"(f) Activities assisted under this section may include such
activities, in addition to those authorized under section 105(a), // 42
USC 5305. // as the Secretary determines to be consistent with the
purposes of this section.
"(g) The Secretary shall, at least on an annual basis, make reviews
and audits of recipients of grants under this section as necessary to
determine the progress made in carrying out activities substantially in
accordance with approved plans and timetables. The Secretary may
adjust, reduce, or withdraw grant funds, or take other action as
appropriate in accordance with the findings of these reviews and audits,
except that funds already expended on eligible activities under this
title shall not be recaptured or deducted from future grants made to the
recipient.
"(h) No assistance may be provided under this section for projects
intended to facilitate the relocation of industrial or commercial plants
or facilities from one area to another, unless the Secretary finds that
the relocation does not significantly and adversely affect the
unemployment or economic base of the area from which the industrial or
commercial plant or facility is to be relocated.
"(i) Not less than 25 per centum of the funds made available for
grants under this section shall be used for cities with populations of
less than fifty thousand persons which are not central cities of a
metropolitan statistical area.
"(j) A grant may be made under this section only where the Secretary
determines that there is a strong probability that (1) the non-Federal
investment in the project would not be made without the grant, and (2)
the grant would not substitute for non-Federal funds which are otherwise
available to the project.
"(k) In making grants under this section, the Secretary shall take
such steps as the Secretary deems appropriate to assure that the amount
of the grant provided is the least necessary to make the project
feasible.
"(i) For purposes of this section, the Secretary may reduce or waive
the requirement in section 102(a)(5)(B)(ii) // 42 USC 5302. // that a
town or township be closely settled.
"(m) In the case of any application which identifies any property in
accordance with subsection (c)(4)(B), the Secretary may not commit funds
with respect to an approved application unless the applicant has
certified to the Secretary that the appropriate State historic
preservation officer and the Secretary of the Interior have been
provided an opportunity to take action in accordance with the provisions
of section 121(b). // 94 Stat. 1620. //
"(n)(1) For the purposes of this section, // 42 USC 5320. // the
term 'city' includes Guam, the Virgin Islands, and Indian tribes.
"(2) The Secretary may not approve a grant to an Indian tribe under
this section unless the tribe (A) is located on a reservation or in an
Alaskan Native Village, and (B) is an eligible recipient under the State
and Local Fiscal Assistance Act of 1972. // 31 USC 1221 //
"(o) If no amounts are set aside under, or amounts precluded from
being appropriated for this section for fiscal years after fiscal year
1983, any amount which is or becomes available for use under this
section after fiscal year 1983 shall be added to amounts appropriated
under section 103.". // 42 USC 5303. //
(b) Section 121 of such Act // 94 Stat. 1620. // is amended by
striking out "subsection (c)(7)(B)" in subsection (b) and inserting in
lieu thereof "subsection (c)(4)(B)".
(c) The amendments made by subsections (a) and (b) // 42 USC 5318 //
shall become effective on the effective date of regulations implementing
such subsections. As soon as practicable, but not later than January 1,
1982, the Secretary shall issue such final rules and regulations as the
Secretary determines are necessary to carry out such subsections.
Sec. 309. (a) Section 102(a) of the Housing and Community
Development Act of 1974 // 42 USC 5302. // is amended--,
(1) by striking out paragraphs (18) and (19);
(2) by inserting immediately after paragraph (6) the following:
"(7) The term 'nonentitlement area' means an area which is not
a metropolitan city or part of an urban county."; and
(3) by redesignating the remaining paragraphs accordingly.
(b) Section 102(c) of such Act is amended by striking out "a
Community Development Program in whole or in part" and inserting in lieu
thereof "activities assisted under this title".
(c) The first sentence of section 102(d) of such Act // 94 Stat.
1614. // is amended--,
(1) by striking out "103(a)(1)" and inserting in lieu thereof
"103"; and
(2) by striking out "unless the application by the urban county
is disapproved or withdrawn prior to or during such three-year
period" and inserting in lieu thereof "unless the urban county
does not receive a grant for any year during such three-year
period".
(d) Section 104(j) of such Act // 94 Stat. 1615. 42 USC 53049 // is
amended by striking out "planning a joint community development program,
meeting the application requirements of this section, and implementing
such program" and inserting in lieu thereof "submitting a statement
under section 104(a) and carrying out activities under this title".
(e) The caption of section 105 of such Act // 42 USC 5305. // is
amended to read as follows: " ELIGIBLE ACTIVITIES".
(f) Section 105(a) of such Act is amended--,
(1) by striking out the first sentence and " These activities"
in the second sentence and inserting in lieu thereof " Activities
assisted under this title";
(2) by striking out "program" in paragraph (6);
(3) by striking out "the Community Development Program" in
paragraph (9) and inserting in lieu thereof "activities assisted
under this title";
(4) by striking out "to the community development program" in
paragraph (11);
(5) by striking out "(as specifically" and all that follows
through "104(a)(1)" in paragraph (14) and inserting in lieu
thereof "which are carried out by public or private nonprofit
entities"; and
(6) by striking out "(as specifically described in the
application submitted pursuant to section 104)" in paragraph (15).
// 94 Stat . 1618. //
(g) Section 105(b) of such Act is amended by striking out "a grant"
and inserting in lieu thereof "assistance".
(h) The second sentence of section 106(b)(4) of such Act // 94 Stat.
1615. 42 USC 5306. // is amended by striking out "for a grant under
subsection (c) or (e)" and inserting in lieu thereof the following: "to
receive assistance under subsection (d)".
(i) Section 108(d)(2) of such Act // 42 USC 5308. // is amended by
striking out "approved or".
(j) The first sentence of section 110 of such Act // 42 USC 5310. //
is amended by striking out "grants" and inserting in lieu thereof
"assistance".
(k) The first sentence of section 112(a) of such Act // 42 USC 5312.
// is amended by striking out "103(a)" and inserting in lieu thereof
"103".
(l) Section 113(a)(2) of such Act // 42 USC 5313. // is amended by
striking out "as approved by the Secretary".
(m) Section 116(b) of such Act // 94 Stat. 1622. 42 USC 5316. // is
amended to read as follows:
"(b) In the case of funds available for any fiscal year, the
Secretary shall not consider any statement under section 104(a), unless
such statement is submitted on or prior to such date (in that fiscal
year) as the Secretary shall establish as the final date for submission
of statements in that year.".
Sec. 310. (a) Section 102(a)(4) of the Housing and Community
Development Act of 1974 // 42 USC 5302. // is amended by inserting the
following before the period at the end thereof: "or until September 30,
1982, whichever is later".
(b) Section 102(a)(6) of such Act is amended by inserting at the end
thereof the following: " Any urban county (A) which qualified as an
urban county in fiscal year 1981, (B) the population of which includes
all of the population of the county (other than the population of
metropolitan cities therein), and (C) the population of which for fiscal
year 1982 falls below the amount required by clause (B) of the preceding
sentence by reason of the 1980 decennial census shall be considered as
meeting the population requirements of such clause for fiscal year 1982
and shall not be subject to the provisions of section 102(d) in that
fiscal year.".
Sec. 311. (a) Subsection (a)(1)(D) of section 312 of the Housing Act
of 1964 // 42 USC 1452b. // is amended by striking out "an approved
community development program" and inserting in lieu thereof "community
development activities".
(b) Subsection (d) of such section // 94 Stat. 1622. // is
amended--,
(1) by inserting "and" after " October 1, 1979," in the first
sentence;
(2) by striking out "and not to exceed $129,000,000 for the
fiscal year beginning on October 1, 1981," in the first sentence;
and
(3) by striking out the last sentence.
(c) Subsection (h) of such section is amended by striking out "1982"
each place it appears and inserting in lieu thereof "1983".
(d) Subsection (j)(1) of such section is amended by striking out the
second sentence.
Sec. 312. The first sentence of section 810(h) of the Housing and
Community Development Act of 1974 // 12 USC 1706e. // is amended by
striking out "and not to exceed $26,000,000 for the fiscal year 1979"
and inserting in lieu thereof "not to exceed $26,000,000 for the fiscal
year 1979, and not to exceed $13,467,000 for the fiscal year 1983".
Sec. 313. (a) Title VII of the Housing and Community Development
Amendments of 1978 // 42 USC 8121 // is hereby repealed.
(b) Section 701 of the Housing Act of 1954 // 94 Stat. 1662. 40 USC
461. // is hereby repealed.
Sec. 314. Section 608 (a) of the Neighborhood Reinvestment
Corporation Act // 94 Stat. 1645. 42 USC 8107. // is amended--,
(1) by striking out "and" after "1980,"; and
(2) by inserting the following before the period at the end
thereof: ", and not to exceed $14,950,000 for fiscal year 1982".
Sec. 315. Not later than 270 days after the date of enactment of
this Act, the Secretary of Housing and Urban Development shall report to
the Congress on administrative and legislative steps that can be taken
to--,
(1) require all grantees to concentrate their block grant funds
in distressed geographic areas small enough so that visible
improvements can be achieved in a reasonable time period and to
ensure that claimed benefits to low-and moderate-income persons
are, in actuality, occurring;
(2) reduce the broad list of activities currently eligible so
that funds can be focused on those activities which meet the
cities' most urgent revitalization needs;
(3) develope overall income eligibility requirements for
recipients of block grant supported rehabilitation; and
(4) limit eligible rehabilitation work to that which is
essential to restore the housing unit to a decent, safe, and
sanitary or energy efficient condition, specifically prohibiting
nonessential and luxury items, so that more homes needing basic
repairs can be rehabilitated.
Sec. 321. (a) The first sentence of section 5(c)(1) of the United
States Housing Act of 1937 // 94 Stat. 1624. 42 USC 1437c. // is
amended by inserting immediately after "1980" the following: ", and by
$906,985,000 on October 1, 1981".
(b) The second sentence of section 5(c)(1) of such Act is amended by
striking out " Acts;" and all that follows through the period and
inserting in lieu thereof the following: " Acts. In addition, the
aggregate amount which may be obligated over the duration of the
contracts may not exceed $31,200,000,000 with respect to the additional
authority provided on October 1, 1980, and $18,087,370,000 with respect
to the additional authority provided on October 1, 1981.".
(c) Section 5(c) of such Act is amended by--,
(1) redesignating paragraphs (3), (4), and (5) as paragraphs
(4), (5), and (6), respectively; and
(2) inserting immediately after paragraph (2) the following:
"(3)(A) Of the additional authority approved in appropriation Acts
and made available on October 1, 1981, the Secretary shall make
available at least $75,000,000 for assistance to projects under section
14. // 94 Stat. 1625. 42 USC 1437l. //
"(B) Of the balance of the additional authority referred to in the
preceding subparagraph which remains after deducting the amount to be
provided for assistance to projects under section 14, // 94 Stat. 1625.
42 USC 1437l. // the Secretary shall allocate such authority for use in
different areas and communities in accordance with section 213(d) of the
Housing and Community Development Act of 1974, // 42 USC 1439. //
except that on a national basis the Secretary may not enter into
contracts aggregating--,
"(i) more than 45 per centum of such balance for existing units
assisted under this Act; and
"(ii) more than 55 per centum of such balance for newly
constructed and substantially rehabilitated units assisted under
this Act.
"(C) After making allocations referred to in subparagraph (B), the
Secretary shall, to the extent allowable within the percentage
limitations contained in such subparagraph and within the available
contract and budget authority, accommodate the preferences of units of
general local government, which preferences shall be established after
consultation with the appropriate public housing agencies, regarding (i)
the mix among newly constructed, substantially rehabilitated, existing,
or moderately rehabilitated units; (ii) the programs under which
assistance is to be provided; and (iii) the extent to which such
allocation should be used for comprehensive improvement assistance under
section 14.".
(d) Section 9(c) of such Act // 42 USC 1437g. // is amended--,
(1) by striking out "and" after "on or after October 1, 1979,";
and
(2) by inserting before the period at the end thereof the
following: ", and not to exceed $1,500,000,000 on or after
October 1, 1981".
(e) Section 213(d) of the Housing and Community Development Act of
1974 // 42 USC 1439. // is amended by adding at the end thereof a new
paragraph to read as follows:
"(4) Notwithstanding any other provision of law, with respect to
fiscal years beginning after September 30, 1981, the Secretary of
Housing and Urban Development may not retain more than 15 per centum of
the financial assistance which becomes available under programs
described in subsection (a)(1) during any fiscal year. Any such
financial assistance which is retained shall be available for subsequent
allocation to specific areas and communities, and may only be used
for--,
"(A) unforeseeable housing needs, especially those brought on
by natural disasters or special relocation requirements;
"(B) support for the needs of the handicapped or for minority
enterprise;
"(C) providing for assisted housing as a result of the
settlement of litigation;
"(D) small research and demonstration projects;
"(E) lower-income housing needs described in housing assistance
plans, including activities carried out under areawide housing
opportunity plans; and
"(F) innovative housing programs or alternative methods for
meeting lower-income housing needs approved by the Secretary,
including assistance for infrastructure in connection with the
Indian Housing Program.".
(f)(1) The first sentence of section 201(h) of the Housing and
Community Development Amendments of 1978 // 12 USC 1715z-la. // is
amended--,
(A) by striking out "and" after "the fiscal year 1980,";
(B) by inserting before the period at the end thereof the
following: ", and not to exceed $4,000,000 for the fiscal year
1982"; and
(C) by striking out the comma immediately following " Act" and
inserting in lieu thereof a closed parenthesis.
(2) Section 201 of the Housing and Community Development Amendments
of 1978 // 12 USC 1715z-1 // is amended--,
(A) by redesignating subsections (h) and (i) as subsections (j)
and (k), respectively; and
(B) by inserting the following new subsection after subsection
(g):
"(h) The Secretary may not use any of the assistance available under
this section during any fiscal year beginning on or after October 1,
1981, to supplement any contract to make rental assistance payments
which was made pursuant to section 101 of the Housing and Urban
Development Act of 1965.". // 12 USC 1701s, 42 USC 1451. //
(3) The third sentence of section 236(f)(3) of the National Housing
Act, as redesignated by section 322(f)(7) of this part, is amended by
striking out " September 30, 1981" and inserting in lieu thereof "
September 30, 1982".
Sec. 322. (a) Section 3 of the United States Housing Act of 1937 //
42 USC 1437a. // is amended to read as follows:
" Sec. 3. (a) Dwelling units assisted under this Act shall be rented
only to families who are lower income families at the time of their
initial occupancy of such units. A family shall pay as rent for a
dwelling unit assisted under this Act the highest of the following
amounts, rounded to the nearest dollar:
"(1) 30 per centum of the family's monthly adjusted income;
"(2) 10 per centum of the family's monthly income; or
"(3) if the family is receiving payments for welfare assistance
from a public agency and a part of such payments, adjusted in
accordance with the family's actual housing costs, is specifically
designated by such agency to meet the family's housing costs, the
portion of such payments which is so designated.
"(b) When used in this Act:
"(1) The term 'lower income housing' means decent, safe, and sanitary
dweeling assisted under this Act. The term 'public housing' means lower
income housing, and all necessary appurtenances thereto, assisted under
this Act other than under section 8. When used in reference to public
housing, the term 'lower income housing project' or 'project' means (A)
housing developed, acquired, or assisted by a public housing agency
under this Act, and (B) the improvement of any such housing.
"(2) The term 'lower income families' means those families whose
incomes do not exceed 80 per centum of the median income for the area,
as determined by the Secretary with adjustments for smaller and larger
families, except that the Secretary may establish income ceilings higher
or lower than 80 per centum of the median for the area on the basis of
the Secretary's findings that such variations are necessary because of
prevailing levels of construction costs or unusually high or low family
incomes. The term 'very low-income families' means lower income
families whose incomes do not exceed 50 per centum of the median family
income for the area, as determined by the Secretary with adjustments for
smaller and larger families.
"(3) The term 'families' includes families consisting of a single
person in the case of (A) a person who is at least sixty-two years of
age or is under a disability as defined in section 223 of the Social
Security Act // 42 USC 423. // or in section 102 of the Developmental
Disabilities Services and Facilities Construction Amendments of 1970, //
42 USC 2691 // or is handicapped, (B) a displaced person, (C) the
remaining member of a tenant family, and (D) other single persons in
circumstances described in regulations of the Secretary. In no event
shall more than 15 per centum of the units under the jurisdiction of any
public housing agency by occupied by single persons under clause (D).
In determining priority for admission to housing under this Act, the
Secretary shall give preference to those single persons who are elderly,
handicapped, or displaced before those eligible under clause (D). The
term 'elderly families' means families whose heads (or their spouses),
or whose sole members, are persons described in clause (A). A person
shall be considered handicapped if such person is determined, pursuant
to regulations issued by the Secretary, to have an impairment which is
expected to be of long-continued and indefinite duration, substantially
impedes such person's ability to live independently, and is of such a
nature that such ability could be improved by more suitable housing
conditions. The term 'displaced person' means a person displaced by
governmental action, or a person whose dwellings has been extensively
damaged or destroyed as a result of a disaster declared or otherwise
formally recognized pursuant to Federal disaster relief laws.
Notwithstanding the preceding provisions of this subsection, the term
'elderly families' includes two or more elderly, disabled, or
handicapped individuals living together, or one or more such individuals
living with one or more persons determined under regulations of the
Secretary to be essential to their care or well being.
"(4) The term 'income' means income from all sources of each member
of the household, as determined in accordance with criteria prescribed
by the Secretary.
"(5) The term 'adjusted income' means the income which remains after
excluding such amounts or types of income as the Secretary may
prescribe. In determining amounts to be excluded from income, the
Secretary may, in the Secretary's discretion, take into account the
number of minor children in the household and such other factors as the
Secretary may determine are appropriate.
"(6) The term 'public housing agency' means any State, county,
municipality, or other governmental entity or public body (or agency or
instrumentality thereof) which is authorized to engage in or assist in
the development or operation of lower income housing.
"(7) The term ' State' includes the several States, the District of
Columbia, the Commonwealth of Puerto Rico, the territories and
possessions of the United States, the Trust Territory of the Pacific
Islands, and Indian tribes, bands, groups, and Nations, including Alaska
Indians, Aleuts, and Eskimos, of the United States.
"(8) The term ' Secretary' means the Secretary of Housing and Urban
Development.
"(c) When used in reference to public housing:
"(1) The term 'development' means any or all undertakings necessary
for planning, land acquisition, demolition, construction, or equipment,
in connection with a lower income housing project. The term
'development cost' comprises the costs incurred by a public housing
agency in such undertakings and their necessary financing (including the
payment of carrying charges), and in otherwise carrying out the
development of such project. Construction activity in connection with a
lower income housing project may be confined to the reconstruction,
remodeling, or repair of existing buildings.
"(2) The term 'operation' means any or all undertakings appropriate
for management, operation, services, maintenance, security (including
the cost of security personnel), or financing in connection with a lower
income housing project. The term also means the financing of tenant
programs and services for families residing in lower income housing
projects, particularly where there is maximum feasible participation of
the tenants in the development and operation of such tenant programs and
services. As used in this paragraph, the term 'tenant programs and
services' includes the development and maintenance of tenant
organizations which participate in the management of lower income
housing projects; the training of tenants to manage and operate such
projects and the utilization of their services in project management and
operation; counseling on household management, housekeeping, budgeting,
money management, child care, and similar matters; advice as to
resources for job training and placement, education, welfare, health,
and other community services; services which are directly related to
meeting tenant needs and providing a wholesome living environment; and
referral to appropriate agencies in the community when necessary for the
provision of such services. To the maximum extent available and
appropriate, existing public and private agencies in the community shall
be used for the provision of such services.
"(3) The term 'acquisition cost' means the amount prudently required
to be expended by a public housing agency in acquiring property for a
lower income housing project.".
(b) Sections 4, 5, 9, and 11 of such Act // 42 USC 1437b, 1437c,
1437g, 1437i. // are amended by striking out " LOW-INCOME" where it
appears in the caption accompanying each such section and by inserting
in lieu thereof " LOWER INCOME".
(c) Sections 2, 4, 5, 6, 9, 11, 12, and 14 of such Act // 42 USC
1437, 1437b-1437d, 1437g, 1437h, 1437j; // are amended by striking out
"low income" and "low-income" wherever they appear and inserting in lieu
thereof "lower income".
(d) Section 6(c)(2) of such Act // 94 Stat. 1625, 42 USC 1437l. 42
USC 1437d. // is amended by striking out the phrase "at intervals of
two years (or at shorter intervals where the Secretary deems it
desirable)" and inserting in lieu thereof "no less frequently than
annually".
(e) Section 8 of such Act // 42 USC 1437f. // is amended--,
(1) by striking out paragraph (3) of subsection (c) and
inserting in lieu thereof the following:
"(3) The amount of the monthly assistance payment with respect to any
dwelling unit shall be the difference between the maximum monthly rent
which the contract provides that the owner is to receive for the unit
and the rent the family is required to pay under section 3(a) of this
Act. Reviews of family income shall be made no less frequently than
annually.";
(2) by striking out paragraph (7) of subsection (c) and
redesignating paragraph (8) of such subsection as paragraph (7);
(3) by striking out paragraphs (1), (2), and (3) of subsection
(f) and redesignating paragraphs (4), (5), and (6) of such
subsection as paragraphs (1), (2), and (3), respectively;
(4) by striking out " The provisions of section 3(1), 5(e), and
6" in subsection (h) and inserting in lieu thereof " Sections 5(e)
and 6";
(5) by striking out the comma after the word " Act" in
subsection (h); and
(6) by striking out "25 per centum of one-twelfth of the annual
income of such family" in paragraph (3) of subsection (j) and
inserting in lieu thereof "the rent the family is required to pay
under section 3(a) of this Act".
(f) Section 236 of the National Housing Act // 12 USC 1715z-1. // is
amended--,
(1) by striking out "two years" in subsection (e) and inserting
in lieu thereof "one year";
(1) by striking out "25 per centum of the tenant's income" in
the second sentence of subsection (f)(1) and inserting in lieu
thereof "30 per centum of the tenant's adjusted income";
(3) by striking out clause (ii) in the third sentence of
subsection (f)(1) and inserting in lieu thereof the following:
represents
a proportionate decrease for the utility charges to be
paid by such tenant, but in no case shall such rental
be lower
than 25 per centum of a tenant's adjusted income.";
(4) by striking out "25 per centum of their income" in
paragraph (2) of subsection (f) and inserting in lieu thereof "30
per centum of their adjusted income";
(5) by striking out "25 per centum of the tenant's income" in
paragraph (2) of subsection (f) and inserting in lieu thereof "the
highest of the following amounts, rounded to the nearest dollar:
assistance
from a public agency and a part of such payments,
adjusted in accordance with the family's actual housing
costs, is specifically designated by such agency to
meet the
family's housing costs, the portion of such payments
which is
so designated";
(6) by striking out the third sentence in paragraph (2) of
subsection (f);
(7) by striking out subparagraph (A) of subsection (f)(3) and
redesignating subsection (f)(3)(B) as subsection (f)(3); and
(8) by striking out subsection (m) and inserting in lieu
thereof the following:
"(m) For the purpose of this section the term 'income' means income
from all sources of each member of the household, as determined in
accordance with criteria prescribed by the Secretary. In determining
amounts to be excluded from income, the Secretary may, in the
Secretary's discretion, take into account the number of minor children
in the household and such other factors as the Secretary may determine
are appropriate.".
(g) Section 101 of the Housing and Urban Development Act of 1965 //
12 USC 1701s, 42 USC 1451. // is amended--,
(1) by striking out paragraph (2) in subsection (c) and
inserting in lieu thereof the follwing:
"(2) 'income' means income from all sources of each member of
the household, as determined in accordance with criteria
prescribed by the Secretary. In determining amounts to be
excluded from income, the Secretary may, in the Secretary's
discretion, take into account the number of minor children in the
household and such other factors as the Secretary may determine
are appropriate.";
(2) by striking out the first sentence of subsection (d) and
inserting in lieu thereof the following: " The amount of the
annual payment with respect to any dwelling unit shall be the
lesser of (1) 70 per centum of the fair market rent, or (2) the
amount by which the fair market rental for such unit exceeds 30
per centum of the tenant's adjusted income."; and
(3) by striking out", except the elderly, at intervals of two
years (or at shorter intervals in cases where the Secretary may
deem it desirable)" in paragraph (2) of subsection (e), and by
inserting in lieu thereof "no less frequently than annually".
(h) Title II of the Housing and Community Development Amendments of
1979 is amended--,
(1) by striking out subsection (c) in section 202;
// 42 USC 1437a //
and
(2) by striking out subsection (c) in section 203.
// 12 USC 1701s //
(i)(1) In determining the rent to be paid by tenants who are
occupying housing assisted under the authorities amended by this section
on the effective date of this Act, // 42 USC 1437a // the Secretary,
notwithstanding any other provision of this section, may provide for
delayed applicability, or for staged implementation, of the procedures
for determining rent required by the provisions of subsections (a)
through (h) of this section if the Secretary determines that immediate
application of such procedures would be impracticable, would violate the
terms of existing leases, or would result in extraordinary hardship for
any class of tenants. The Secretary shall provide that the amount of
rent paid by any family shall not increase, as a result of the
amendments made by this section and as a result of any other provision
of Federal law redefining which govenmental benefits are required to or
may be considered as income, by more than 10 per centum during any
12-month period unless the increase above such 10 per centum is
attributed solely to increases in income which are not caused by such
amendments or by such redefinitions. The limitation contained in the
preceding sentence shall remain in effect and may not be changed or
superceded except by another provision of law which amends this
subsection. Notwithstanding any other provision of this section,
application of the procedures for determining rent contained in this
section shall not result in a reduction in the amount of rent paid by
any tenant below the amount paid by such tenant immediately preceding
the effective date of this Act.
(2) Tenants of housing assisted under the provisions of law amended
by this section whose occupancy begins after the effective date of this
Act shall be subject to immediate rent payment determinations in
accordance with the amendments contained in subsections (a) through (h),
except that the Secretary may provide for delayed applicability, or for
staged implementation, of these requirements for such tenants if the
Secretary determines that immediate application of the requirements of
this section would be impracticable, or that uniform procedures for
assessing rents would significantly decrease administrative costs and
burdens.
(3) The Secretary's actions and determinations and the procedures for
making determinations pursuant to this subsection shall not be
reviewable in any court. The provisions of subsections (a) through (h)
shall be implemented and fully applicable to all affected tenants no
later than five years following the date of enactment of this Act,
except that the Secretary may extend the time for implementation if the
Secretary determines that full implementation would result in
extraordinary hardship for any class of tenants.
Sec. 323. The United States Housing Act of 1937 // 42 USC 1437 // is
amended by adding at the end thereof the following:
" Sec. 16. (a) Not more than 10 per centum of the dwelling units
which were available for occupancy under public housing annual
contributions contracts and section 8 housing assistance payments
contracts under this Act // 42 USC 1437n. // before the effective date
of the Housing and Community Development Amendments of 1981, and which
will be leased on or after such effective date shall be available for
leasing by lower income families other than very loq-income families.
"(b) Not more than 5 per centum of the dwelling units which become
available for occupancy under public housing annual contributions
contracts and section 8 housing assistance payments contracts under this
Act on or after the effective date of the Housing and Community
Development Amendments of 1981 shall be available for leasing by lower
income families other than very low-income families.".
Sec. 324. Section 8 of the United States Housing Act of 1937 // 42
USC 1437f. // is amended--,
(1) by inserting after the first sentence of subsection (b)(2)
the following: " To increase housing opportunities for very
low-income families, the Secretary shall assure that newly
constructed housing to be assisted under this section is modest in
design.";
(2) by adding at the end of subsection (c)(2) the following:
"(D) Notwithstanding the foregoing, the Secretary shall limit
increases in contract rents for newly constructed or substantially
rehabilitated projects assisted under this section to the amount of
operating cost increases incurred with respect to comparable rental
dwelling units of various sizes and types in the same market area which
are suitable for occupancy by families assisted under this section.
Where no comparable dwelling units exist in the same market area, the
Secretary shall have authority to approve such increases in accordance
with the best available data regarding operating cost increases in
rental dwelling units."; and
(3) by adding at the end thereof the following:
"(1) After selection of a proposal involving newly constructed or
substantially rehabilitated units for assistance under this section, the
Secretary shall limit cost and rent increases, except for adjustments in
rent pursuant to section 8(c)(2), to those approved by the Secretary.
The Secretary may approve those increases only for unforeseen factors
beyond the owner's control, design changes required by the Secretary or
the local government, or changes in financing approved by the Secretary.
"(m) For the purpose of achieving the lowest cost in providing units
in newly constructed projects assisted under this section, the Secretary
shall give a preference in entering into contracts under this section
for projects which are to be located on specific tracts of land provided
by States or units of local government if the Secretary determines that
the tract of land is suitable for such housing, and that affording such
preference will be cost effective.
"(n) In making assistance available under subsection (e)(5) and
subsection (i), the Secretary may provide assistance with respect to
residential properties in which some or all of the dwelling units do not
contain bathroom or kitchen facilities, if--,
"(1) the property is located in an area in which there is a
significant demand for such units, as determined by the Secretary;
and
"(2) the unit of general local government in which the property
is located and the local public housing agency approve of such
units being utilized for such purpose.
The Secretary may waive, in appropriate cases, the limitation and
preference described in the second and third sentences of section 3(b)(
3) with respect to the assistance made available under this
subsection.".
Sec. 325. Section 8 of the United States Housing Act of 1937 // 42
USC 437f. // is amended--,
(1) by adding at the end of subsection (b)(2) the following: "
Each contract to make assistance payments for newly constructed or
substantially rehabilitated housing assisted under this section
entered into after the date of enactment of the Housing and
Community Development Amendments of 1981 shall provide that during
the term of the contract the owner shall make available for
occupancy by families which are eligible for assistance under this
section, at the time of their initial occupancy, the number of
units for which assistance is committed under the contract."; and
(2) by inserting after "nonhandicapped persons" in the second
sentence of subsection (c)(5) the following: "which are not
subject to mortgages purchased under section 305 of the National
Housing Act".
// 12 USC 1720. //
Sec. 326. (a) Section 8(c) of the United States Housing Act of 1937
// 42 USC 1437f. // is amended by adding at the end thereof the
following:
"(8) Each contract under this section shall provide that the owner
will notify tenants at least 90 days prior to the expiration of the
contract of any rent increase which may occur as a result of the
expiration of such contract.".
(b)(1) Within one year after the date of enactment of this Act // 42
USC 1437f // the Secretary of Housing and Urban Development shall
conduct a survey to determine the number of projects which are assisted
under section 8 of the United States Housing Act of 1937 and are owned
by developers or sponsors with five-year annual contributions contracts
who plan to withdraw from the section 8 program when their contracts
expire and who will increase rents in those projects to levels that the
current residents of those projects will not be able to afford. Where
such survey indicates that an owner intends to withdraw from the
program, the Secretary shall notify affected residents of possible rent
increases.
(2) Not later than one year after the date of the enactment of this
Act, the Secretary shall transmit to the Congress a report indicating
alternative methods which may be utilized for recapturing the cost to
the Federal Government of front-end investment in those units which are
removed from the section 8 program.
(c) The Secretary of Housing and Urban Development, after
consultation with the Attorney General, shall develop regulations // 42
USC 1437f // to prevent possible conflicts of interest on the part of
Federal, State, and local government officials with regard to
participation in projects assisted under section 8 of the United States
Housing Act of 1937, and shall make such regulations effective not later
than 180 days after the date of enactment of this Act.
(d)(1) The Secretary of Housing and Urban Development shall permit
public housing agencies to retain, out of judgments obtained by them in
recovering amounts wrongfully paid as a result of fraud and abuse in the
housing assistance program under section 8 of the United States Housing
Act of 1937, // 42 USC 1437f. // an amounts equal to the greater of (A)
the legal expenses incurred in obtaining such judgments, or (B) 50 per
centum of the amount actually collected on the judgments.
(2) The Secretary of Housing and Urban Development shall include in
the annual report under section 8 of the Department of Housing and Urban
Development Act a summary of cases brought to its attention by public
housing authorities for prosecution or civil action, and shall describe
the handling of such cases by such authorities and by the Department of
Housing and Urban Development and the resolution of such cases in the
court system.
(e)(1) Section 8(d)(1)(B) of the United States Housing Act of 1937 is
amended to read as follows:
"(B)(i) the lease between the tenant and the owner shall be for
at least one year or the term of such contract, whichever is
shorter, and shall contain other terms and conditions specified by
the Secretary; and
"(ii) the owner shall not terminate the tenancy except for
serious or repeated violation of the terms and conditions of the
lease, for violation of applicable Federal, State, or local law,
or for other good cause;".
(2) The amendment made by paragraph (1) // 42 USC 1437f // shall
apply with respect to leases entered into on or after October 1, 1981.
Sec. 327. (a) Section 101(1) of the Housing and Urban Development
Act of 1965 // 12 USC 1701s. // is amended to read as follows:
"(1) Notwithstanding the provisions of subsection (a) and any other
provision of law, the Secretary may utilize additional authority under
section 5(c) of the United States Housing Act of 1937 // 94 Stat. 1624.
42 USC 1437c. // made available by appropriation Acts on or after
October 1, 1979, to supplement assistance authority available under this
section.".
(b) The second sentence of section 101(d) of such Act is repealed.
Sec. 328. (a) Section 235(c)(2)(A) of the National Housing Act // 94
Stat. 1630. 12 USC 1715z. // is amended by striking out "ceases for a
period of 90 continuous days or more making payments required under the
mortgage, loan, or advance of credit secured by such a property, or".
(b) Section 235(h)(1) of such Act is amended by adding the following
new sentences at the end thereof: " The Secretary shall not enter into
new contracts for assistance payments under this section after March 31,
1982, except pursuant to a firm commitment issued on or before March 31,
1982, or pursuant to other commitments issued by the Secretary prior to
June 30, 1981, reserving funds for housing to be assisted under this
section where such housing is included in a project pursuant to section
119 of the Housing and Community Development Act of 1974. // 42 USC
5318. // In no event may the Secretary enter into any new contract for
assistance payments under this section after September 30, 1983.".
(c) Section 235(q)(14) of such Act // 94 Stat. 1631. 12 USC 1715z.
// is amended by striking out "ceases for a period of 90 continuous days
or more making payments on the mortgage, loan, or advance of credit
secured by the property, or".
Sec. 329. (a) Section 214 of the Housing and Community Development
Act of 1980 // 94 Stat. 1637. 42 USC 1436a. // is amended to read as
follows:
" Sec. 214. (a) Notwithstanding any other provision of law, the
Secretary of Housing and Urban Development may not make financial
assistance available for the benefit of any alien unless that alien is a
resident of the United States and is--,
"(1) an alien lawfully admitted for permanent residence as an
immigrant as defined by sections 101(a)(15) and 101(a)(20) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15) and 8 U.S.
C. 1101(a)(20)), excluding, among others, alien visitors,
tourists, diplomats, and students who enter the United States
temporarily with no intention of abandoning their residence in a
foreign country;
"(2) an alien who entered the United States prior to June 30,
1948, or such subsequent date as is enacted by law, has
continuously maintained his or her residence in the United States
since then, and is not ineligible for citizenship, but who is
deemed to be lawfully admitted for permanent residence as a result
of an exercise of discretion by the Attorney General pursuant to
section 249 of the Immigration and Nationality Act (8 U.S.C.
1259);
"(3) an alien who is lawfully present in the United States
pursuant to an admission under section 207 of the Immigration and
Nationality Act (8 U.S.C. 1157)
// 94 Stat. 103. //
or pursuant to the granting of asylum (which has not been
terminated) under section 208 of such Act (8 U.S.C. 1158);
// 94 Stat. 105. //
"(4) an alien who is lawfully present in the United States as a
result of an exercise of discretion by the Attorney General for
emergent reasons or reasons deemed strictly in the public interest
pursuant to section 212(d)(5) of the Immigration and Nationality
Act (8 U.S.C. 1182(d)(5));
// 94 Stat. 107. //
or
"(5) an alien who is lawfully present in the United States as a
result of the Attorney General's withholding deportation pursuant
to section 243(h) of the Immigration and Nationality Act (8 U.S.C.
1253(h)).
// 94 Stat. 107. //
"(b) For purposes of this section the term 'financial assistance'
means financial assistance made available pursuant to the United States
Housing Act of 1937, // 42 USC 1437 // section 235 or 236 of the
National Housing Act, // 12 USC 1715z, 1715z-1. // or section 101 of
the Housing and Urban Development Act of 1965.". // 12 USC 1701s, //
(b) An alien who is lawfully present in the United States as a result
of being granted conditional entry pursuant to section 203(a)(7) of the
Immigration and Nationality Act (8 U.S.C. 1153(a)(7)) // 42 USC 1451. 42
USC 1436a // before April 1, 1980, because of persecution or fear of
persecution on account of race, religion, or political opinion or
because of being uprooted by catastrophic natural calamity shall be
deemed, for purposes of section 214 of the Housing and Community
Development Act of 1980, to be an alien described in section 214(a)(3)
of such Act.
Sec. 329 A. The Secretary of Housing and Urban Development shall
develop and implement a revised fee schedule for development managers of
lower income housing projects assisted under the United States Housing
Act of 1937 // 42 USC 1437 // so that the percentage limitation
applicable to fees chargeable in connection with smaller projects is
increased to a minimum level which is practicable.
Sec. 329 B. The Secretary of Housing and Urban Development shall
review the administration of the operating subsidy program under section
9 of the United States Housing Act of 1937, // 42 USC 1437g. //
including an examination of alternative methods for distributing
operating subsidies which provide incentives for efficient management,
full rent collection, and improved maintenance of projects developed
under the United States Housing Act of 1937. Not later than March 1,
1982, the Secretary of Housing and Urban Development shall transmit a
report to the Congress on the results of such review.
Sec. 329 C. Section 201 of the Housing and Community Development
Amendments of 1978 // 12 USC 1715z-1z. // is amended--,
(1) in subsection (f)(1), by striking out "and" at the end of
subparagraph (B), by striking out the period at the end of
subparagraph (C) and inserting in lieu thereof "; and", and by
adding at the end thereof the following:
necessary
to carry out a plan to upgrade the project to meet
cost-effective
energy efficiency standards prescribed by the
Secretary.";
and
(2) by inserting after subsection (h) the following:
"(i) Notwithstanding any other provision of law, in exercising any
authority relating to the approval or disapproval of rentals charged
tenants residing in projects which are eligible for assistance under
this section, the Secretary--,
"(1) shall consider whether the mortgagor could control
increases in utility costs by securing more favorable utility
rates, by undertaking energy conservation measures which are
financially
feasible and cost effective, or by taking other financially
feasible and cost-effective actions to increase energy efficiency
or to reduce energy consumption; and
"(2) may, in his discretion, adjust the amount of a proposed
rental increase where he finds the mortgagor could exercise such
control.".
DEVELOPMENT
Sec. 329 D. The Secretary of Housing and Urban Development shall
permit the Kansas Department of Economic Development to participate as a
public housing agency for the purposes of programs carried out under the
United States Housing Act of 1937 // 42 USC 1437 // and as a State
agency for the purpose of section 883.203 of title 24 of the Code of
Federal Regulations as in effect June 1, 1981.
Sec. 329 E. In addition to any authority provided before October 1,
1981, the Secretary of Housing and Urban Development may, on and after
October 1, 1981, enter into contracts for periodic payments to the
Federal Financing Bank to offset the costs to the Bank of purchasing
obligations (as described in the first sentence of section 16(b) of the
Federal Financing Bank Act of 1973) // 12 USC 2294. // issued by local
public housing agencies for purposes of financing public housing
projects authorized by section 5(c) of the United States Housing Act of
1937. // 94 Stat. 1624. 42 USC 1437c. // Notwithstanding any other
provision of law, such contracts may be entered into only to the extent
approved in appropriation Acts, and the aggregate amount which may be
obligated over the duration of such contracts may not exceed
$400,000,000. There are hereby authorized to be appropriated any
amounts necessary to provide for such payments. The authority to enter
into contracts under this subsection shall be in lieu of any authority
(except for authority provided specifically to the Secretary before
October 1, 1981) of the Secretary to enter into contracts for such
purposes under section 16(b) of the Federal Financing Bank Act of 1973.
Sec. 329 F. Section 202(b)(1) of the Housing and Community
Development Amendments of 1978 // 12 USC 1715z-1b. // is amended by
striking out "owner's action" and inserting in lieu thereof "owner's
request for rent increase, conversion of residential rental units to any
other use (including commercial use or use as a unit in any condominium
or cooperative project), partial release of security, or major physical
alterations".
Sec. 329 G. Section 14(i)(1) of the United States Housing Act of
1937 // 94 Stat. 1625. 42 USC 1437l. // is amended by inserting the
following before the period at the end of the first sentence thereof:
", especially emergency and special purpose needs which relate to fire
safety standards".
Sec. 329 H. (a) Section 8(j) of the United States Housing Act of
1937 // 42 USC 1437f. // is amended to read as follows:
"(j)(1) The Secretary may enter into contracts to make assistance
payments under this subsection to assist lower income families by making
rental assistance payments on behalf of any such familiy which utilizes
a manufactured home as its principal place of residence. Such payments
may be made with respect to the rental of the real property on which
there is located a manufactured home which is owned by any such family
or with respect to the rental by such family of a manufactured home and
the real property on which it is located. In carrying out this
subsection, the Secretary may--,
"(A) enter into annual contributions contracts with public
housing agencies pursuant to which such agencies may enter into
contracts to make such assistance payments to the owners of such
real property, or
"(B) enter into such contracts directly with the owners of such
real property.
"(2)(A) A contract entered into pursuant to this paragraph shall
establish the maximum monthly rent (including maintenance and management
charges) which the owner is entitled to receive for the space on which a
manufactured home is located and with respect to which assistance
payments are to be made. The maximum monthly rent shall not exceed by
more than 10 per centum the fair market rental established by the
Secretary periodically (but not less than annually) with respect to the
market area for the rental of real property suitable for occupancy by
families assisted under this paragraph.
"(B) The amount of any monthly assistance payment with respect to any
family which rents real property which is assisted under this paragrph,
and on which is located a manufactured home which is owned by such
family shall be the difference between the rent the family is required
to pay under section 3(a) of this Act // 42 USC 1437a. // and the sum
of--,
"(i) the monthly payment made by such family to amortize the
cost of purchasing the manufactured home;
"(ii) the monthly utility payments made by such family, subject
to reasonable limitations prescribed by the Secretary; and
"(iii) the maximum monthly rent permitted with respect to the
real property which is rented by such family for the purpose of
locating its manufactured home;
except that in no case may such assistance exceed the total amount of
such maximum monthly rent.
"(3)(A) Contracts entered into pursuant to this paragraph shall
establish the maximum monthly rent permitted with respect to the
manufactured home and the real property on which it is located and with
respect to which assistance payments are to be made. The maximum
monthly rent shall not exceed by more than 10 per centum the fair market
rental established by the Secretary periodically (but not less than
annually) with respect to the market area for the rental of a
manufactured home and the real property on which it is located suitable
for occupancy by families assisted under this paragraph, except that the
maximum monthly rent may exceed the fair market rental by more than 10
but not more than 20 per centum where the Secretary determines that
special circumstances warrant such higher maximum rent.
"(B) The amount of any monthly assistance payment with respect to any
family which rents a manufactured home and the real property on which it
is located and which is assisted under this paragraph shall be the
difference between the rent the family is required to pay under section
3(a) of this Act and the sum of--,
"(i) the monthly utility payments made by such family, subject
to reasonable limitations prescribed by the Secretary; and
"(ii) the maximum monthly rent permitted with respect to the
manufactured home and the real property on which it is located.
"(4) The provisions of subsection (c)(2) of this section shall apply
to the adjustments of maximum monthly rents under this subsection.
"(5) Each contract entered into under this subsection shall be for a
term of not less than one month and not more than 180 months, except
that in any case in which the manufactured home park is substantially
rehabilitated or newly constructed, such term may not be less than 240
months, nor more than the maximum term for a manufactured home loan
permitted under section 2(b) of the National Housing Act.
"(6) The Secretary may carry out this subsection without regard to
whether the manufctured home park is existing, substantially
rehabilitated, or newly constructed.
"(7) In the case of any substantially rehabilitated or newly
constructed manufactured home park containing spaces with respect to
which assistance is made under this subsection, the principal amount of
the mortgage attributable to the rental spaces within the park may not
exceed an amount established by the Secretary which is equal to or less
than the limitation for manufactured home parks described in section
207(c)(3) of the National Housing Act, and the Secretary may increase
such limitation in high cost areas in the manner described in such
section.
"(8) The Secretary may prescribe other terms and conditions which are
necessary for the purpose of carrying out the provisions of this
subsection and which are consistent with the purposes of this
subsection.".
Sec. 329i.(a)(1) The Secretary of Housing and Urban Development shall
conduct a study of--,
(A) the extent, if any, to which section 8(c)(7) of the United
States Housing Act of 1937
// 42 USC 1437f. // has been utilized;
(B) the results of any such utilization;
(C) if such section has not been utilized or utilized only on a
very restricted basis, the reasons why it has not been utilized
more extensively; and
(D) different methods by which such section could be utilized
for increasing homeownership opportunities for lower income
families.
(2) As a result of such study, the Secretary shall, not later than
January 1, 1982, transmit to the Congress recommendations regarding the
establishment of a demonstration project in which the Secretary would
use section 8(c)(7) of such Act for the purpose of increasing
homeownership opportunities for lower income families. Such proposal
shall include, but not be limited to, provisions for--,
(A) targeting such project so that existing housing may be
preserved to the maximum extent practicable; and
(B) recovering assistance in the case of resale of the property
or in other appropriate cases.
(b) The Secretary shall conduct a study to the extent to which lower
income housing projects do not meet applicable fire safety standards and
report to the Congress with respect to such study not later than one
year after the date of the enactment of this Act.
Sec. 331. (a) Section 2(a) of the National Housing Act // 94 Stat.
1638. 12 USC 1703. // is amended by striking out " October 1, 1981" in
the first sentence and inserting in lieu thereof " October 1, 1982".
(b) Section 217 of such Act // 12 USC 1415h. // is amended by
striking out " September 30, 1981" and inserting in lieu thereof "
September 30, 1982".
(c) Section 221(f) of such Act // 12 USC 1715l. // is amended by
striking out " September 30, 1981" in the fifth sentence and inserting
in lieu thereof " September 30, 1982".
(d)(1) Section 235(m) of such Act // 12 USC 1715z. // is amended by
striking out " September 30, 1981" and inserting in lieu thereof "
September 30, 1982".
(2) Section 235(q)(1) of such Act // 94 Stat. 1631. 12 USC 1715z. //
is amended by striking out " June 1, 1981," in the fourth sentence
thereof and inserting in lieu thereof " September 30, 1982,".
(e) Section 236(n) of such Act // 94 Stat. 1638. 12 USC 1715z-1. //
is amended by striking out " September 30, 1981" and inserting in lieu
thereof " September 30, 1982".
(f) Section 244(d) of such Act // 12 USC 1715z-9. // is amended--,
(1) by striking out " September 30, 1981" in the first sentence
and inserting in lieu thereof " September 30, 1982"; and
(2) by striking out " October 1, 1981" in the second sentence
and inserting in lieu thereof " October 1, 1982".
(g) Section 245(a) of such Act // 12 USC 1715z-10. // is amended by
striking out " September 30, 1981" and inserting in lieu thereof "
September 30, 1982".
(h)(1) Section 809(f) of such Act // 12 USC 1748h-1. // is amended
by striking out " September 30, 1981" in the second sentence and
inserting in lieu thereof " September 30, 1982".
(2) Section 810(k) of such Act // 94 Stat. 1639. 12 USC 1748h-2. //
is amended by striking out " September 30, 1981" in the second sentence
and inserting in lieu thereof " September 30, 1982".
(i) Section 1002(a) of such Act // 12 USC 1749bb. // is amended by
striking out " September 30, 1981" in the second sentence and inserting
in lieu thereof " September 30, 1982".
(j) Section 1101(a) of such Act // 12 USC 1749aaa. // is amended by
striking out " September 30, 1981" in the second sentence and inserting
in lieu thereof " September 30, 1982".
Sec. 332. Section 3(a)(1) of Public Law 90 - 301 // 94 Stat. 1639.
12 USC 1709-1. // is amended by striking out " October 1, 1981" and
inserting in lieu thereof " October 1, 1982".
Sec. 333. (a)(1) Section 305(c) of the Federal National Mortgage
Association Charter Act // 42 USC 1720. // is amended--,
(A) by striking out "and" after "1978,"; and
(B) by inserting the following before the period at the end
thereof: ", and by $1,100,000,000 on October 1, 1981".
(2) Section 305 of such Act is amended by adding the following new
subsection at the end thereof:
"(k) During fiscal year 1982, the Association may not enter into
commitments to purchase under this section mortgages with an aggregate
principal amount in excess of $1,973,000,000, except that the
Association may not enter into commitments to purchase mortgages secured
by projects which do not contain units assisted under section 8 of the
United States Housing Act of 1937 // 42 USC 1437f. // with an aggregate
principal amount in excess of $580,000,000.".
(3) Section 306(g) of such Act // 12 USC 1721. // is amended--,
(A) by inserting "(1)" after "(g)";
(B) by striking out "(1)" and "(2)" in the first sentence and
inserting in lieu thereof "(i)" and "(ii)", respectively; and
(C) by adding the following new paragraph at the end thereof:
"(2) During fiscal year 1982, the Association may not enter into
commitments to issue guarantees under this subsection in an aggregate
amount in excess of $69,542,000,000.".
(b)(1) In entering into commitments to purchase below-market, tandem
plan mortgages during the period beginning on the date of the enactment
of this Act // 12 USC 1720 // and ending October 1, 1982, under section
305 of the Federal National Mortgage Association Charter Act, the
Government National Mortgage Association may enter into such commitments
only with respect to multifamily projects for which firm commitments for
mortgage insurance under title II of the National Housing Act // 12 USC
1707. // have been issued.
(2) The Secretary of Housing and Urban Development shall continue to
process applications for mortgage insurance for multifamily projects
under title II of the National Housing Act for a period of at least 90
days beginning on October 1, 1981.
Sec. 334. Section 519(f) of the National Housing Act // 94 Stat.
1639. 12 USC 1735c. // is amended by inserting the following before the
period at the end thereof: ", which amount shall be increased by
$126,673,000 on October 1, 1981".
Sec. 335. Title V of the National Housing Act is amended by adding
the following new section at the end thereof:
" Sec. 531. During fiscal year 1982, the Secretary may not enter
into commitments to insure under this Act // 12 USC 1735f-9. // loans
and mortgages with an aggregate principal amount in excess of
$41,000,000,000.".
Sec. 336. Section 202(a)(4)(C) of the Housing Act of 1959 // 12 USC
1701q. // is amended by inserting the following before the period at
the end of the second sentence: ", and not more than $850,848,000 may
be approved in appropriation Acts for such loans with respect to fiscal
year 1982".
Sec. 337. The second sentence of section 501 of the Housing and
Urban Development Act of 1970 // 94 Stat. 1639. 12 USC 1701z-1. // is
amended by striking out "and not to exceed $51,000,000 for the fiscal
year 1981" and inserting in lieu thereof "not to exceed $51,000,000 for
the fiscal year 1981, and not to exceed $35,000,000 for the fiscal year
1982".
Sec. 338. (a) Section 2(b) of the National Housing Act // 12 USC
1703. // is amended to read as follows:
"(b)(1) No insurance shall be granted under this section to any such
financial institution with respect to any obligation representing any
such loan, advance of credit, or purchase by it if the amount of such
loan, advance of credit, or purchase exceeds--,
"(A) $17,500 ($20,000 where financing the installation of a
solar energy system is involved) if made for the purpose of
financing alterations, repairs and improvements upon or in
connection with existing single-family structures or manufactured
homes;
"(B) $43,750 or an average amount of $8,750 per family unit
($50,000 and $10,000, respectively, where financing the
installation of a solar energy system is involved) if made for the
purpose of financing the alteration, repair, improvement, or
conversion of an existing structure used or to be used as an
apartment house or a dwelling for two or more families;
"(C) $22,500 ($35,000 in the case of a manufactured home
composed of two or more modules) if made for the purpose of
financing the purchase of a manufactured home;
"(D) $35,000 ($47,500 in the case of a manufactured home
composed of two or more modules) if made for the purpose of
financing the purchase of a manufactured home and a suitably
developed lot on which to place the home;
"(E) such an amount as may be necessary, but not exceeding
$12,500, if made for the purpose of financing the purchase, by an
owner of a manufactured home which is the principal residence of
that owner, of a suitably developed lot on which to place that
manufactured home, and if the owner certifies that he or she will
place the manufactured home on the lot acquired with such loan
within six months after the date of such loan;
"(F) $15,000 per family unit if made for the purpose of
financing the preservation of an historic structure; and
"(G) such principal amount as the Secretary may prescribe if
made for the purpose of financing fire safety equipment for a
nursing home, extended health care facility, intermediate health
care facility, or other comparable health care facility.
"(2) Because of prevailing higher costs, the Secretary may, by
regulation, in Alaska, Guam, or Hawaii, increase any dollar amount
limitation on manufactured homes or manufactured home lot loans
contained in this subsection by not to exceed 40 per centum. In other
areas where needed to meet higher costs of land acquisition, site
development, and construction of a permanent foundation in connection
with the purchase of a manufactured home or lot, the Secretary may, by
regulation, increase any dollar amount limitation otherwise applicable
by an additional $7,500.
"(3) No insurance shall be granted under this section to any such
financial institution with respect to any obligation representing any
such loan, advance of credit, or purchase by it if the term to maturity
of such loan, advance of credit or purchase exceeds--,
"(A) fifteen years and thirty-two days if made for the purpose
of financing alterations, repairs, and improvements upon or in
connection with an existing single-family structure or
manufactured home;
"(B) fifteen years and thirty-two days if made for the purpose
of financing the alteration, repair, improvement or conversion of
an existing structure used or to be used as an apartment house or
a dwelling for two or more families;
"(C) twenty years and thirty-two days (twenty-three years and
thirty-two days in the case of a manufactured home composed of two
or more modules) if made for the purpose of financing the purchase
of a manufactured home;
"(D) twenty years and thirty-two days (twenty-five years and
thirty-two days in the case of a manufactured home composed of two
or more modules) if made for the purpose of financing the purchase
of a manufactured home and a suitably developed lot on which to
place the home;
"(E) fifteen years and thirty-two days if made for the purpose
of financing the purchase, by the owner of a manufactured home
which is the principal residence of that owner, of a suitably
developed lot on which to place that manufactured home;
"(F) fifteen years and thirty-two days if made for the purpose
of financing the preservation of an historic structure;
"(G) such term to maturity as the Secretary may prescribe if
made for the purpose of financing the construction of a new
structure for use in whole or in part for agricultural purposes;
and
"(H) such term to maturity as the Secretary may prescribe if
made for the purpose of financing fire safety equipment for a
nursing home, extended health care facility, intermediate health
care facility, or other comparable health care facility.
"(4) For the purpose of this subsection--,
"(A) the term 'developed lot' includes an interest in a
condominium project (including any interest in the common areas)
or a share in a cooperative association;
"(B) a loan to finance the purchase of a manufactured home or a
manufactured home and lot may also finance the purchase of a
garage, patio, carport, or other comparable appurtenance; and
"(C) a loan to finance the purchase of a manufactured home or a
manufactured home and lot shall be secured by a first lien upon
such home or home and lot, its furnishings, equipment,
accessories, and appurtenances.
"(5) No insurance shall be granted under this section to any such
financial institution with respect to any obligation representing any
such loan, advance of credit, or purchase by it unless the obligation
bears such interest, has such maturity, and contains such other terms,
conditions, and restrictions as the Secretary shall prescribe, in order
to make credit available for the purpose of this title. Any such
obligation with respect to which insurance is granted under this section
shall bear interest and insurance premium charges not exceeding (A) an
amount, with respect to so much of the net proceeds thereof as does not
exceed $2,500, equivalent to $5.50 discount per $100 of original face
amount of a one-year note payable in equal monthly installments, plus
(B) an amount, with respect to any portion of the net proceeds thereof
in excess of $2,500, equivalent to $4.50 discount per $100 of original
face amount of such note. The amounts referred to in clauses (A) and
(B) of the preceding sentence, when correctly based on tables of
calculations issued by the Secretary or adjusted to eliminate minor
errors in computation in accordance with requirements of the Secretary,
shall be deemed to comply with such sentence.
"(6)(A) Any obligation with respect to which insurance is granted
under this section may be refinanced and extended in accordance with
such terms and conditions as the Secretary may prescribe, but in no
event for an additional amount or term in excess of any applicable
maximum provided for in this subsection.
"(B) The owner of a manufactured home lot purchased without
assistance under this section but otherwise meeting the requirements of
this section may refinance such lot under this section in connection
with the purchase of a manufactured home if the borrower certifies that
the home and lot is or will be his or her principal residence within six
months after the date of the loan.".
(b) Section 207(c)(3) of the National Housing Act // 94 Stat. 1641.
12 USC 1713. // is amended by striking out "$8,000" and inserting in
lieu thereof "$9,000".
Sec. 339. (a) The first sentence of section 234(b) of the National
Housing Act // 12 USC 1715y. // is amended by inserting ", including a
project in which the dwelling units are attached, semi-attached, or
detached," after "multifamily project".
Sec. 339 A. Section 106(a)(3) of the Housing and Urban Development
Act of 1968 // 12 USC 1701x. // is amended by inserting the following
before the period at the end of the first sentence: "; except that for
the fiscal year 1982, there are authorized to be appropriated not to
exceed $4,000,000 for such purposes".
Sec. 339 B. (a) The last sentence of section 207(c)(3), section
213(p), the last proviso in section 220(d)(3)(B)(iii), section 221(k),
the proviso in section 231(c)(2), and section 234(j) of the National
Housing Act // 12 USC 1713, 1715e, 1715k, 1715l, 1715v, 1715y. // are
amended--,
(1) by inserting "therein" immediately after "installation"
wherever it appears; and
(2) by striking out "therein" before the punctuation at the end
thereof.
(b) Section 223(f) of such Act // 94 Stat. 1650. 12 USC 1715n. // is
amended--,
(1) by inserting "and" immediately after the semicolon at the
end of paragraph (2)(A); and
(2) by redesignating paragraph (5) as paragraph (4).
(c) For purposes of paragraphs (1) and (4) of section 308(c) of the
Housing and Community Development Act of 1980, // 94 Stat. 1640. 12 USC
1701, 5401. // the term "mobile home" and the term "manufactured home"
shall be deemed to include the term "mobile homes" and the term
"manufactured homes", respectively.
(d)(1) The material preceding the proviso in clause (2) of the first
sentence of section 234(c) of the National Housing Act // 12 USC 1715y.
// is amended to read as follows: "(2) the project is or has been
covered by a mortgage insured under any section (except section 213(a)
(1) and (2)) of this Act // 12 USC 1715e. // or the project was
approved for a guarantee, insurance, or a direct loan under chapter 37
of title 38, United States Code, // 38 USC 1801 // notwithstanding any
requirements in any such section that the project be constructed or
rehabilitated for the purpose of providing rental housing:".
(2) Section 318 of the Housing and Community Development Act of 1980
// 94 Stat. 1646. // is repealed.
Sec. 339 C. // 12 USC 1701z-14. // The Secretary of Housing and
Urban Development is authorized to develop and implement a demonstration
program utilizing lower cost building technology for projects located on
innercity vacant land.
Sec. 339 D. (a) Notwithstanding any other provision of law, the
authorizations for appropriations for programs and activities
administered by the Secretary for Housing and Urban Development in
fiscal year 1981 are reduced by $5,359,000,000.
(b) This section takes effect upon the date of enactment of this Act.
Sec. 339 E. (a) Section 809(h) of the Housing and Community
Development Act of 1974 // 12 USC 1701j-2. // is amended by striking
out "through 1982 (with" and inserting in lieu thereof "through 1984
(with not more than $500,000 to be appropriated for each of the fiscal
years 1982, 1983, and 1984 and with".
(b) Section 809(c)(4) of such Act // 12 USC 1701j-2. // is amended
by inserting the following before the period at the end thereof: ";
except that, notwithstanding any such rules and procedures as may be
adopted by the Institute, the President of the United States, by and
with the advice and conssent of the Senate, shall appoint, as
representative of the public interest, two of the members of the Board
of Directors selected each year for terms commencing in that year".
Sec. 339 F. Section 717(b) of the National Urban Policy and New
Community Development Act of 1970 // 42 USC 4518. // is amended by
adding the following new sentence at the end thereof: " With respect to
fiscal year 1982, the Secretary may not issue obligations under this
section in an aggregate amount in excess of $33,250,000.".
Sec. 339 G. Title V of the National Housing Act is amended by adding
the following new section at the end thereof:
" Sec. 532. In carrying out the provisions of title II of this Act
// 12 USC 1735f-10. 12 USC 1707. // with respect to insuring mortgages
secured by a one- to four-family residence, the Secretary may not
exclude from the principal amount which may be insured under such title
any sum solely on the basis that such sum is to be paid by the purchaser
to a broker who has been the purchaser's agent in the purchase of the
residence, but the principal amount of the mortgage, when such sum is
added, shall not exceed the limitation as to maximum mortgage amount
provided in title II.".
Sec. 339 H. Section 242(d)(5) of the National Housing Act // 12 USC
1715z-7. // is amended by adding at the end thereof the following: "
This paragraph shall not limit the authority of the Secretary to approve
a mortgage increase on any mortgage eligible for insurance under this
paragraph at any time prior to final endorsement of the loan for
insurance; except that such mortgage increase may not be approved for
the cost of constructing any improvements not included in the original
plans and specifications approved by the Department of Health and Human
Services unless approved by the Secretary of Housing and Urban
Development and by the Secretary of Health and Human Services.".
Sec. 341. (a) Section 1376(c) of the National Flood Insurance Act of
1968 // 94 Stat. 1639. 42 USC 4127. // is amended--,
(1) by striking out "and" after "1980,"; and
(2) by inserting the following before the period at the end
thereof ", and not to exceed $42,600,000 for the fiscal year
1982".
(b)(1) Section 1319 of the National Flood Insurance Act of 1968 // 42
USC 4026. // is amended by striking out " September 30, 1981" and
inserting in lieu thereof " September 30, 1982".
(2) Section 1336(a) of such Act // 42 USC 4056. // is amended by
striking out " September 30, 1981" and inserting in lieu thereof "
September 30, 1982".
(c)(1) Section 1310(a) of such Act // 42 USC 4017. // is amended by
inserting "as described in subsection (f)" after "which shall be
available".
(2) Section 1310 of such Act is amended by adding the following new
subsection at the end thereof:
"(f) The fund shall be available, with respect to any fiscal year
beginning on or after October 1, 1981, only to the extent approved in
appropriation Acts; except that the fund shall be available for the
purpose described in subsection (d)(1) without such approval.".
(d)(1) Chapter I of such Act is amended by adding the following new
section at the end thereof:
" Sec. 1321. (a) No new flood insurance coverage shall be provided
under this title // 42 USC 4028. // on or after October 1, 1983, for
any new construction or substantial improvements of structures located
on undeveloped coastal barriers which shall be designated by the
Secretary of the Interior.
"(b) For purposes of this section--,
"(1) the term 'coastal barrier' means--,
barrier,
tombolo, barrier spit, or barrier island) which--,
adjacent
wetlands, marshes, estuaries, inlets, and nearshore
waters;
"(2) a coastal barrier or any portion thereof shall be treated
as an undeveloped coastal barrier for purposes of subsection (a)
only if there are few manmade structures on the barrier or portion
thereof and these structures and man's activities on the barrier
do not significantly impede geomorphic and ecological processes;
and
"(3) a coastal barrier which is included within the boundaries
of an area established under Federal, State, or local law, or held
by a qualified organization as defined in section 170(h)(3) of the
Internal Revenue Code of 1954,
// 26 USC 170. //
primarily for wildlife refuge, sanctuary, recreational, or natural
resource conservation purposes shall not be designated as an
undeveloped coastal barrier for purposes of subsection (a).
"(c) A federally insured financial institution may make loans secured
by structures which are not eligible for flood insurance under this
title by reason of subsection (a).".
(2) The Secretary of the Interior shall conduct a study for the
purpose of designating the undeveloped coastal barriers which will be
affected by the amendment made by paragraph (1). // 42 USC 4028 // Not
later than one year after the date of enactment of this Act, the
Secretary shall transmit to the Congress a report of the findings and
conclusions of such study together with a proposed designation of the
undeveloped coastal barriers and any recommendation regarding the
definition of the term "coastal barrier" as enacted by such amendment.
(e) Section 1345 of such Act // 42 USC 4081. // is amended by adding
at the end thereof the following:
"(c) The Director of the Federal Emergency Management Agency shall
hold any agent or broker selling or undertaking to sell flood insurance
under this title harmless from any judgment for damages against such
agent or broker as a result of any court action by a policyholder or
applicant arising out of an error or omission on the part of the Federal
Emergency Management Agency, and shall provide any such agent or broker
with indemnification, including court costs and reasonable attorney
fees, arising out of and caused by an error or omission on the part of
the Federal Emergency Management Agency and its contractors. The
Director of the Federal Emergency Management Agency may not hold
harmless or indemnify an agent or broker for his or her error or
omission.".
Sec. 342. (a) Section 1201(b) of the National Housing Act // 12 USC
1749bbb. // is amended--,
(1) by striking out " September 30, 1981" in paragraph (1) and
inserting in lieu thereof " September 30, 1982"; and
(2) by striking out " September 30, 1984" in paragraph (1)(A)
and inserting in lieu thereof " September 30, 1985".
(b) Section 1211(b) of the National Housing Act // 12 USC 1749bbb-3.
// is amended--,
(1) by inserting "and" at the end of paragraph (9);
(2) by striking out "; and" at the end of paragraph (10) and
inserting in lieu thereof a period; and
(3) by striking out paragraph (11).
Sec. 351. (a) Section 513 of the Housing Act of 1949 // 94 Stat.
1667. 42 USC 1483. // is amended--,
(1) by striking out "not to exceed $3,797,600,000 with respect
to the fiscal year ending September 30, 1981" in subsection (a)
and inserting in lieu thereof "not to exceed $3,700,600,000 with
respect to the fiscal year ending September 30, 1982";
(2) by striking out "not less than $3,120,000,000" in
subsection (a)(1) and inserting in lieu thereof "not less than
$3,170,000,000";
(3) by striking out "not more than $100,000,000" in subsection
(a)(4) and inserting in lieu thereof "none";
(4) by striking out subsection (b)(2) and inserting in lieu
thereof the following:
"(2) not to exceed $50,000,000 for loans and grants pursuant to
section 504
// 42 USC 1474. //
for the fiscal year ending September 30, 1982, of which not more
than $25,000,000 shall be available for grants;";
(5) by striking out subsection (b)(3) and inserting in lieu
thereof the following:
"(3) not to exceed $25,000,000 for financial assistance
pursuant to section 516
// 42 USC 1486. //
for the fiscal year ending September 30, 1982;";
(6) by striking out " September 30, 1981" in subsection (b)(4)
and inserting in lieu thereof " September 30, 1982"; and
(7) by striking out "and" at the end of subsection (b)(4), by
striking out the period at the end of subsection (b)(5) and
inserting in lieu thereof "; and", and by adding at the end
thereof the following:
"(6) not to exceed $2,000,000 for the purposes of section 509(
c)
// 42 USC 1479. //
for the fiscal year ending September 30, 1982.".
(b) Section 515(b)(5) of such Act // 94 Stat. 1668. 42 USC 1485. //
is amended by striking out " September 30, 1981" and inserting in lieu
thereof " September 30, 1982".
(c) Section 517(a)(1) of such Act // 94 Stat. 1668. 42 USC 1487. //
is amended by striking out " September 30, 1981" and inserting in lieu
thereof " September 30, 1982".
(d) Section 521(a)(2)(D) of such Act // 94 Stat. 1668. 42 USC 1490a.
// is amended--,
(1) by striking "$493,000,000" and inserting in lieu thereof
"$398,000,000"; and
(2) by striking out "1981, except that" and all that follows
through the period at the end thereof and inserting in lieu
thereof "1982.".
(e) Section 523 of such Act // Stat. 1668. 42 USC 1490c. // is
amended--,
(1) by striking out " September 30, 1981" each place it appears
in subsection (f) and inserting in lieu thereof " September 30,
1982";
(2) by striking out "not to exceed $2,500,000 for fiscal year
1981" in the first sentence of subsection (g) and inserting in
lieu thereof "not to exceed $3,000,000 for fiscal year 1982";
(3) by inserting the following after "shall be available" in
the second sentence of subsection (g): ", to the extent approved
in appropriation Acts,"; and
(4) by inserting the following before the period at the end of
the second sentence of subsection (g): "; except that not more
than $5,000,000 may be made available during fiscal year 1982".
Sec. 352. Section 521(a)(1)(B) of the Housing Act of 1949 // 94
Stat. 1669. 42 USC 1490a. // is amended by striking out "shall" and
inserting in lieu thereof "may".
Sec. 353. The Secretary of Agriculture shall transmit a report to
the Congress not later than March 1, 1982, setting forth--,
(1) various options for presenting the budget of the Farmers
Home Administration and alternatives to the use of Federal
Financing Bank financing for rural housing programs;
(2) workable definitions of "low income" which will target
Farmers Home Administration housing assistance programs to a
population substantially equivalent to the population served by
the Department of Housing and Urban Development's assisted housing
programs;
(3) the effect of a requirement that 30 per centum of
assistance provided by the Farmers Home Administration be provided
to families with incomes at 50 per centum of area median income
and recommendations for contribution requirements which will
achieve equity with the contribution requirements of the
Department of Housing and Urban Development's assisted housing
programs;
(4) recommendations for ensuring that subsidy levels for
assisted families are minimized and that assisted families with
similar circumstances in different regions of the country are
treated equally; and
(5) the Farmers Home Administration's efforts to minimize the
cost of housing subsidized under its programs and the Farmers Home
Administration's use of existing lower cost housing technology.
Sec. 361. This part may be cited as the " Multifamily Mortgage
Foreclosure Act of 1981". // 12 USC 3701 //
Sec. 362. // 12 USC 3701. // (a) The Congress finds that--,
(1) disparate State laws under which the Secretary of Housing
and Urban Development forecloses real estate mortgages which the
// 12 USC 1707. //
Secretary holds pursuant to title II of the National Housing Act
or section 312 of the Housing of 1964
// 42 USC 1452b. //
or section 312 of the Housing Act of 1964
// 42 USC 1452b. //
covering multiunit residential and nonresidential properties
burden the programs administered by the Secretary pursuant to
these authorities, and cause detriment to the residents of the
affected projects and the community generally;
(2) long periods to complete the foreclosure of these mortgages
under certain State laws lead to deterioration in the condition of
the properties involved; necessitate substantial Federal
management and holding expenditures; increase the risk of
vandalism, fire loss, depreciation, damage, and waste with respect
to the properties; and adversely affect the residents of the
projects and the neighborhoods in which the properties are
located;
(3) these conditions seriously impair the Secretary's ability
to protect the Federal financial interest in the affected
properties and frustrate attainment of the objectives of the
underlying Federal program authorities, as well as the national
housing goal of "a decent home and a suitable living environment
for every American family";
(4) application of State redemption periods to these mortgages
following their foreclosure would impair the salability of the
properties involved and discourage their rehabilitation and
improvement, thereby compounding the problems referred to in
clause (3);
(5) the availability of a uniform and more expeditious
procedure for the foreclosure of these mortgages by the Secretary
and continuation of the practice of not applying postsale
redemption periods to such mortgages will tend to ameliorate these
conditions; and
(6) providing the Secretary with a nonjudicial foreclosure
procedure will reduce unnecessary litigation by removing many
foreclosures from the courts where they contribute to overcrowded
calendars.
(b) The purpose of this part is to create a uniform Federal
foreclosure remedy for multiunit residential and nonresidential
mortgages held by the Secretary of Housing and Urban Development
pursuant to title II of the National Housing Act or section 312 of the
Housing Act of 1964.
Sec. 363. // 12 USC 3702. // As used in this part--,
(1) "mortgage" means a deed of trust, mortgage, deed to secure
debt, security agreement, or any other form of instrument under
which any interest in property, real, personal or mixed, or any
interest in property including leaseholds, life estates,
reversionary interests, and any other estates under applicable
State law, is conveyed in trust, mortgaged, encumbered, pledged,
or otherwise rendered subject to a lien, for the purpose of
securing the payment of money or the performance of an obligation;
(2) "multifamily mortgage" means a mortgage held by the
Secretary pursuant to title II of the National Housing Act or
section 312 of the Housing Act of 1964
// 12 USC 1707. 42 USC 1452b. //
covering any property, except a property on which there is located
a one- to four-family residence;
(3) "mortgage agreement" means the note or debt instrument and
the mortgage instrument, deed of trust instrument, trust deed, or
instrument or instruments creating the mortgage, including any
instrument incorporated by reference therein (including any
applicable regulatory agreement), and any instrument or agreement
amending or modifying any of the foregoing;
(4) "mortgagor" means the obligor, grantor, or trustor named in
the mortgage agreement and, unless the context otherwise
indicates, includes the current owner of record of the security
property whether or not personally liable on the mortgage debt;
(5) "person" includes any individual, group of individuals,
association, partnership, corporation, or organization;
(6) "record" and "recorded" include "register" and "registered"
in the instance of registered land;
(7) "security property" means the property, real, personal or
mixed, or an interest in property, including leaseholds, life
estates, reversionary interests, and any other estates under
applicable State law, together with fixtures and other interests
subject to the lien of the mortgage under applicable State law;
(8) " State" means the several States, the District of
Columbia, the Commonwealth of Puerto Rico, the territories and
possessions of the United States, and the Trust Territory of the
Pacific Islands, and Indian tribes as defined by the Secretary;
(9) "county" means county as defined in section 2 of title I,
United States Code;
// 1 USC 2. //
and
(10) " Secretary" means the Secretary of Housing and Urban
Development.
Sec. 364. // 12 USC 3703. // Multifamily mortgages held by the
Secretary encumbering real estate located in any State may be foreclosed
by the Secretary in accordance with this part, or pursuant to other
foreclosure procedures available, at the option of the Secretary.
Sec. 365. // 12 USC 3704. // A foreclosure commissioner or
commissioners designated pursuant to this part shall have a nonjudicial
power of sale as provided in this part. Where the Secretary is the
holder of a multifamily mortgage, the Secretary may designate a
foreclosure commissioner and, with or without cause, may designate a
substitute foreclosure commissioner to replace a previously designated
foreclosure commissioner, by executing a duly acknowledged, written
designation stating the name and business or residential address of the
commissioner or substitute commissioner. The designation shall be
effective upon execution. Except as provided in section 368(b), a copy
of the designation shall be mailed with each copy of the notice of
default and foreclosure sale served by mail in accordance with section
369(1). The foreclosure commissioner, if a natural person, shall be a
resident of the State in which the security property is located and, if
not a natural person, the foreclosure commissioner must be duly
authorized to transact business under the laws of the State in which the
security property is located. The foreclosure commissioner shall be a
person who is responsible, financially sound and competent to conduct
the foreclosure. More than one foreclosure commissioner may be
designated. If a natural person is designated as foreclosure
commissioner or substitute foreclosure commissioner, such person shall
be designated by name, except that where such person is designated in
his or her capacity as an official or employee of the government of the
State or subdivision thereof in which the security property is located,
such person may be designated by his or her unique title or position
instead of by name. The Secretary shall be a guarantor of payment of
any judgment against the foreclosure commissioner for damages based upon
the commissioner's failure properly to perform the commissioner's
duties. As between the Secretary and the mortgagor, the Secretary shall
bear the risk of any financial default by the foreclosure commissioner.
In the event that the Secretary makes any payment pursuant to the
preceding two sentences, the Secretary shall be fully subrogated to the
rights satisfied by such payment.
Sec. 366. // 12 USC 3705. // Foreclosure by the Secretary under this
part of a multifamily mortgage may be commenced, as provided in section
368, upon the breach of a covenant or condition in the mortgage
agreement for which foreclosure is authorized under the mortgage, except
that no such foreclosure may be commenced unless any previously pending
proceeding, judicial or nonjudicial, separately instituted by the
Secretary to foreclose the mortgage other than under this part has been
withdrawn, dismissed, or otherwise terminated. No such separately
instituted foreclosure proceeding on the mortgage shall be instituted by
the Secretary during the pendency of foreclosure pursuant to this part.
Nothing in this part shall preclude the Secretary from enforcing any
right, other than foreclosure, under applicable State law, including any
right to obtain a monetary judgment. Nothing in this part shall
preclude the Secretary from foreclosing under this part where the
Secretary has obtained or is seeking any other remedy available pursuant
to Federal or State law or under the mortgage agreement, including, but
not limited to, the appointment of a receiver, mortgagee-in-possession
status or relief under an assignment of rents.
Sec. 367. // 12 USC 3706. // (a) The notice of default and
foreclosure sale to be served in accordance with this part shall be
subscribed with the name and address of the foreclosure commissioner and
the date on which subscribed, and shall set forth the following
information:
(1) the names of the Secretary, the original mortgagee and the
original mortgagor;
(2) the street address or a description of the location of the
security property, and a description of the security property, or
so much thereof as is to be offered for sale, sufficient to
identify the property to be sold;
(3) the date of the mortgage, the office in which the mortgage
is recorded, and the liber and folio or other description of the
location of recordation of the mortgage;
(4) the failure to make payment, including the due date of the
earliest installment payment remaining wholly unpaid as of the
date the notice is subscribed, or the description of other default
or defaults upon which foreclosure is based, and the acceleration
of the secured indebtedness;
(5) the date, time, and place of the foreclosure sale;
(6) a statement that the foreclosure is being conducted
pursuant to this part;
(7) the types of costs, if any, to be paid by the purchaser
upon transfer of title; and
(8) the amount and method of deposit to be required at the
foreclosure sale (except that no deposit shall be required of the
Secretary), the time and method of payment of the balance of the
foreclosure purchase price and other appropriate terms of sale.
(b)(1) Except as provided in paragraph (2)(A), the Secretary may
require, as a condition and term of sale, that the purchaser at a
foreclosure sale under this part agree to continue to operate the
security property in accordance with the terms, as appropriate, of the
loan program under section 312 of the Housing Act of 1964, // 42 USC
1452b. // the program under which insurance under title II of the
National Housing Act // 12 USC 1707. // was originally provided with
respect to such property, or any applicable regulatory or other
agreement in effect with respect to such property immediately prior to
the time of foreclosure sale.
(2)(A) In any case where the majority of the residential units in a
property subject to such a sale are occupied by residential tenants at
the time of the sale, the Secretary shall require, as a condition and
term of sale, any purchaser (other than the Secretary) to operate the
property in accordance with such terms, as appropriate, of the programs
referred to in paragraph (1).
(B) In any case where the Secretary is the purchaser of a multifamily
project, the Secretary shall manage and dispose of such project in
accordance with the provisions of section 203 of the Housing and
Community Development Amendments of 1978. // 12 USC 1715z-11. //
Sec. 368. // 12 USC 3707. // (a) If the Secretary as holder of a
multifamily mortgage determines that the prerequisites to foreclosure
set forth in section 366 are satisfied, the Secretary may request the
foreclosure commissioner to commence foreclosure of the mortgage. Upon
such request, theforeclosure commissioner shall commence foreclosure of
the mortgage, by commencing service of a notice of default and
foreclosure sale in accordance with section 369.
(b) Subsequent to commencement of a foreclosure under this part, the
Secretary may designate a substitute foreclosure commissioner at any
time up to forty-eight hours prior to the time of foreclosure sale, and
the foreclosure shall continue without prejudice, unless the substitute
commissioner, in his or her sole discretion, finds that continuation of
the foreclosure sale will unfairly affect the interests of the
mortgagor. In the event that the substitute commissioner makes such a
finding, the substitute commissioner shall cancel the foreclosure sale,
or adjourn such sale in the manner provided in section 369 B(c). Upon
designation of a substitute foreclosure commissioner, a copy of the
written notice of such designation referred to in section 365 shall be
served upon the persons set forth in section 369(1) of this part (1) by
mail as provided in such section 369 (except that the minimum time
periods between mailing and the date of foreclosure sale prescribed in
such section shall not apply to notice by mail pursuant to this
subsection), or (2) in any other manner, which in the substitute
commissioner's sole discretion, is conducive to achieving timely notice
of such substitution. In the event a substitute foreclosure
commissioner is designated less than forty-eight hours prior to the time
of the foreclosure sale, the pending foreclosure shall be terminated and
a new foreclosure shall be commenced by commencing service of a new
notice of default and foreclosure sale.
Sec. 369. // 12 USC 3708. // The foreclosure commissioner shall
serve the notice of default and foreclosure sale provided for in section
367 upon the following persons and in the following manner, and no
additional notice shall be required to be served notwithstanding any
notice requirements of any State or local law--,
(1) Notice by mail.-The notice of default and foreclosure sale,
together with the designation required by section 365, shall be
sent by certified or registered mail, postage prepaid and return
receipt requested, to the following persons:
originally set
for foreclosure sale, whether or not the notice
describes a
sale adjourned as provided in this part;
the
mortgage agreement to be liable for part or all of the
mortgage debt, as the record exists forty-five days
prior to
the date originally set for foreclosure sale, whether
or not
the notice describes a sale adjourned as provided in
this part,
except any such mortgagors or persons who have been
released; and
the date
originally set for foreclosure sale, whether or not the
notice
describes a sale adjourned as provided in this part.
Notice under clauses (A) and (B) of this paragraph shall be mailed
at least twenty-one days prior to the date of foreclosure sale,
and shall be mailed to the owner or mortgagor at the address
stated in the mortgage agreement, or, if none, to the address of
the security property, or, at the discretion of the foreclosure
commissioner, to any other address believed to be that of such
owner or mortgagor. Notice under clause (C) of this paragraph
shall be mailed at least ten days prior to the date of foreclosure
sale, and shall be mailed to each such lienholder's address as
stated of record or, at the discretion of the foreclosure
commissioner, to any other address believed to be that of such
lienholder. Notice by mail pursuant to this subsection or section
368(b) of this part shall be deemed duly given upon mailing,
whether or not received by the addressee and whether or not a
return receipt is received or the letter is returned.
(2) Publication.-A copy of the notice of default and
foreclosure sale shall be published, as provided herein, once a
week during three successive calendar weeks, and the date of last
publication shall be not less than four nor more than twelve days
prior to the sale date. The information included in the notice of
default and foreclosure sale pursuant to section 367(a)(4) may be
omitted, in the foreclosure commissioner's discretion, from the
published notice. Such publication shall be in a newspaper or
newspapers having general circulation in the county or counties in
which the security property being sold is located. To the extent
practicable, the newspaper or newspapers chosen shall be a
newspaper or newspapers, if any is available, having circulation
conducive to achieving notice of foreclosure by publication.
Should there be no newspaper published at least weekly which has a
general circulation in one of the counties in which the security
property being sold is located, copies of the notice of default
and foreclosure sale shall be posted in at least three public
places in each such county at least twenty-one days prior to the
date of sale.
(3) Posting.-A copy of the notice of default and foreclosure
sale shall be posted in a prominent place at or on the real
property to be sold at least seven days prior to the foreclosure
sale, and entry upon the premises for this purpose shall be
privileged as against all persons. If the property consists of
two or more noncontiguous parcels of land, a copy of the notice of
default and foreclosure sale shall be posted in a prominent place
on each such parcel. If the security property consists of two or
more separate buildings, a copy of the notice of default and
foreclosure sale shall be posted in a prominent place on each such
building. Posting at or on the premises shall not be required
where the foreclosure commissioner, in the commissioner's sole
discretion, finds that the act of posting will likely cause a
breach of the peace or that posting may result in an increased
risk of vandalism or damage to the property.
Sec. 369 A. // 12 USC 3709. // (a) Except as provided in sections
368(b) and 369 B(c), the foreclosure commissioner shall withdraw the
security property from foreclosure and cancel the foreclosure sale only
if--,
(1) the Secretary so directs the commissioner prior to or at
the time of sale;
(2) the commissioner finds, upon application of the mortgagor
at least three days prior to the date of sale, that the default or
defaults upon which the foreclosure is based did not exist at the
time of service of the notice of default and foreclosure sale; or
(3)(A) in the case of a foreclosure involving a monetary
default, there is tendered to the foreclosure commissioner before
public auction is completed the entire amount of principal and
interest which would be due if payments under the mortgage had not
been accelerated; (B) in the case of a foreclosure involving a
nonmonetary default, the foreclosure commissioner, upon
application of the mortgagor before the date of foreclosure sale,
finds that such default is cured; and (C) there is tendered to
the foreclosure commissioner before public auction is completed
all amounts due under the mortgage agreement (excluding additional
amounts which would have been due if mortgage payments had been
accelerated), all amounts of expenditures secured by the mortgage
and all costs of foreclosure incurred for which payment from the
proceeds of foreclosure is provided in section 369 C, except that
the Secretary shall have discretion to refuse to cancel a
foreclosure pursuant to this paragraph (3) if the current
mortgagor or owner of record has on one or more previous occasions
caused a foreclosure of the mortgage, commenced pursuant to this
part or otherwise, to be canceled by curing a default.
(b) Prior to withdrawing the security property from foreclosure in
the circumstances described in subsection (a)(2) or (a)(3), the
foreclosure commissioner shall afford the Secretary a reasonable
opportunity to demonstrate why the security property should not be so
withdrawn.
(c) In any case in which a foreclosure commenced under this part is
canceled, the mortgage shall continue in effect as though acceleration
had not occurred.
(d) If the foreclosure commissioner cancels a foreclosure sale under
this part a new foreclosure may be subsequently commenced as provided in
this part.
Sec. 369 B. // 12 USC 3710. // (a) The date of foreclosure sale set
forth in the notice of default and foreclosure sale shall not be prior
to thirty days after the due date of the earliest installment wholly
unpaid or the earliest occurrence of any uncured nonmonetary default
upon which foreclosure is based. Foreclosure sale pursuant to this part
shall be at public auction, and shall be scheduled to begin between the
hours of 9 o'clock ante meridian and 4 o'clock post meridian local time
on a day other than Sunday or a public holiday as defined by section
6103(a) of title 5, United States Code, or State law. The foreclosure
sale shall be held at a location specified in the notice of default and
foreclosure sale, which shall be a location where foreclosure real
estate auctions are customarily held in the county or one of the
counties in which the property to be sold is located, or at a courthouse
therein, or at or on the property to be sold. Sale of security property
situated in two or more counties may be held in any one of the counties
in which any part of the security property is situated.
(b) The foreclosure commissioner shall conduct the foreclosure sale
in accordance with the provisions of this part and in a manner fair to
both the mortgagor and the Secretary. The foreclosure commissioner
shall attend the foreclosure sale in person, or, if there are two or
more commissioners, at least one shall attend the foreclosure sale. In
the event that no foreclosure commissioner is a natural person, the
foreclosure commissioner shall cause its duly authorized employee to
attend the foreclosure sale to act on its behalf. Written one-price
sealed bids shall be accepted by the foreclosure commissioner from the
Secretary and other persons for entry by announcement by the
commissioner at the sale. The Secretary and any other person may bid at
the foreclosure sale, including the Secretary or any other person who
has submitted a written one-price bid, except that the foreclosure
commissioner or any relative, related business entity or employee of
such commissioner or entity shall not be permitted to bid in any manner
on the security property subject to foreclosure sale. The foreclosure
commissioner may serve as auctioneer, or, in accordance with regulations
of the Secretary, may employ an auctioneer to be paid from the
commission provided for in section 369 C(5).
(c) The foreclosure commissioner shall have discretion, prior to or
at the time of sale, to adjourn or cancel the foreclosure sale if the
commissioner determines, in the commissioner's sole discretion, that
circumstances are not conducive to a sale which is fair to the mortgagor
and the Secretary or that additional time is necessary to determine
whether the security property should be withdrawn from foreclosure as
provided in section 369 A. The foreclosure commissioner may adjourn a
sale to a later hour the same day without the giving of further notice,
or may adjourn the foreclosure sale for not less than nine nor more than
twenty-four days, in which case the commissioner shall serve a notice of
default and foreclosure sale revised to recite that the foreclosure sale
has been adjourned to a specified date and to include any corrections
the foreclosure commissioner deems appropriate. Such notice shall be
served by publication, mailing and posting in accordance with section
369, except that publication may be made on any of three separate days
prior to the revised date of foreclosure sale, and mailing may be made
at any time at least seven days prior to the date to which the
foreclosure sale has been adjourned.
Sec. 369 C. // 12 USC 3711. // The following foreclosure costs shall
be paid from the sale proceeds prior to satisfaction of any other claim
to such sale proceeds:
(1) necessary advertising costs and postage incurred in giving
notice pursuant to sections 369 and 369 B;
(2) mileage for posting notices and for the foreclosure
commissioner's attendance at the sale at the rate provided in
section 1921 of title 28, United States Code, for mileage by the
most reasonable road distance;
(3) reasonable and necessary costs actually incurred in
connection with any necessary search of title and lien records;
(4) necessary out-of-pocket costs incurred by the foreclosure
commissioner to record documents; and
(5) a commission for the foreclosure commissioner for the
conduct of the foreclosure to the extent authorized by regulations
issued by the Secretary.
Sec. 369 D. // 12 USC 3712. // Money realized from a foreclosure
sale shall be made available for obligation and expenditure--,
(1) first to cover the costs of foreclosure provided for in
section 369 C;
(2) then to pay valid tax liens or assessments prior to the
mortgage;
(3) then to pay any liens recorded prior to the recording of
the mortgage which are required to be paid in conformity with the
terms of sale in the notice of default and foreclosure sale;
(4) then to service charges and advancements for taxes,
assessments, and property insurance premiums;
(5) then to the interest;
(6) then to the principal balance secured by the mortgage
(including expenditures for the necessary protection,
preservation, and repair of the security property as authorized
under the mortgage agreement and interest thereon if provided for
in the mortgage agreement); and
(7) then to late charges.
Any surplus after payment of the foregoing shall be paid to holders of
liens recorded after the mortgage and then to the appropriate mortgagor.
If the person to whom such surplus is to be paid cannot be located, or
if the surplus available is insufficient to pay all claimants and the
claimants cannot agree on the allocation of the surplus, or if any
person claiming an interest in the mortgage proceeds does not agree that
some or all of the sale proceeds should be paid to a claimant as
provided in this section, that part of the sale proceeds in question may
be deposited by the foreclosure commissioner with an appropriate
official or court authorized under law to receive disputed funds in such
circumstances. If such a procedure for the deposit of disputed funds is
not available, and the foreclosure commissioner files a bill of
interpleader or is sued as a stakeholder to determine entitlement to
such funds, the foreclosure commissioner's necessary costs in taking or
defending such action shall be deductible from the disputed funds.
Sec. 369 E. // 12 USC 3713. // (a) The foreclosure commissioner
shall deliver a deed or deeds to the purchaser or purchasers and obtain
the balance of the purchase price in accordance with the terms of sale
provided in the notice of default and foreclosure sale.
(b) Subject to subsection (c), the foreclosure deed or deeds shall
convey all of the right, title, and interest in the security property
covered by the deed which the Secretary as holder, the foreclosure
commissioner, the mortgagor, and any other persons claiming by, through,
or under them, had on the date of execution of the mortgage, together
with all of the right, title, and interest thereafter acquired by any of
them in such property up to the hour of sale, and no judicial proceeding
shall be required ancillary or supplementary to the procedures provided
in this part to assure the validity of the conveyance or confirmation of
such conveyance.
(c) A purchaser at a foreclosure sale held pursuant to this part
shall be entitled to possession upon passage of title to the mortgaged
property, subject to an interest or interests senior to that of the
mortgage and subject to the terms of any lease of a residential tenant
for the remaining term of the lease or for one year, whichever period is
shorter. Any other person remaining in possession after the sale and
any residential tenant remaining in possession after the applicable
period shall be deemed a tenant at sufferance.
(d) There shall be no right of redemption, or right of possession
based upon right of redemption, in the mortgagor or others subsequent to
a foreclosure pursuant to this part.
(e) When conveyance is made to the Secretary, no tax shall be imposed
or collected with respect to the foreclosure commissioner's deed,
whether as a tax upon the instrument or upon the privilege of conveying
or transferring title to the property. Failure to collect or pay a tax
of the type and under the circumstances stated in the preceding sentence
shall not be grounds for refusing to record such a deed, for failing to
recognize such recordation as imparting notice or for denying the
enforcement of such a deed and its provisions in any State or Federal
court.
Sec. 369 F. // 12 USC 3714. // (a) To establish a sufficient record
of foreclosure and sale, the foreclosure commissioner shall include in
the recitals of the deed to the purchaser or prepare an affidavit or
addendum to the deed stating--,
(1) that the mortgage was held by the Secretary;
(2) the particulars of the foreclosure commissioner's service
of notice of default and foreclosure sale in accordance with
sections 369 and 369 B;
(3) that the foreclosure was conducted in accordance with the
provisions of this part and with the terms of the notice of
default and foreclosure sale;
(4) a correct statement of the costs of foreclosure, calculated
in accordance with section 369 C; and
(5) the name of the successful bidder and the amount of the
successful bid.
(b) The deed executed by the foreclosure commissioner, the
foreclosure commissioner's affidavit and any other instruments submitted
for recordation in relation to the foreclosure of the security property
under this part shall be accepted for recordation by the registrar of
deeds or other appropriate official of the county or counties in which
the security property is located upon tendering of payment of the usual
recording fees for such instruments.
Sec. 369 G. // 12 Usc 3715. // Periods of time provided for in this
part shall be calculated in consecutive calendar days including the day
or days on which the actions or events occur or are to occur for which
the period of time is provided and including the day on which an event
occurs or is to occur from which the period is to be calculated.
Sec. 369 H. // 12 USC 3716. // If any clause, sentence, paragraph or
part of this part shall, for any reason, be adjudged by a court of
competent jurisdiction to be invalid or invalid as applied to a class of
cases, such judgment shall not affect, impair, or invalidate the
remainder thereof and of this part, but shall be confined in its
operation to the clause, sentence, paragraph, or part thereof directly
involved in the controversy in which such judgment shall have been
rendered.
Sec. 369 I. // 12 USC 3717. // The Secretary is authorized to issue
such regulations as may be necessary to carry out the provisions of this
part.
Sec. 371. // 12 USC 3701 note. // (a) Except as otherwise provided
in this subtitle, the provisions of this subtitle shall take effect on
October 1, 1981.
(b) The amendments made by sections 324, 325, and 326(a) shall apply
only with respect to contracts entered into on and after October 1,
1981.
Sec. 380. This subtitle may be cited as the " Banking and Related
Programs Authorization Adjustment Act". // 12 USC 635. //
Sec. 381. (a) Section 7(a) of the Export-Import Bank Act of 1945 (12
U.S.C. 635e(a)) is amended--,
(1) by inserting "(1)" after " Sec. 7. (a)"; and
(2) by adding at the end thereof the following:
"(2) Within the limits of funds and borrowing authority available to
the Bank pursuant to this Act, gross obligations for the principal
amount of direct loans authorized by the Bank during fiscal years 1982
and 1983 shall not exceed $10,478,000,000, of which amount
$5,065,000,000 is designated for fiscal year 1982 and $5,413,000,000 is
designated for fiscal year 1983.".
(b) On or before December 15, 1981, the Secretary of the Treasury
shall transmit a report to both Houses of the Congress regarding the
status of negotiations within the Organization for Economic Cooperation
and Development on improving the International Arrangement on Guidelines
for Officially Supported Export Credits and on the status of any other
multilateral or bilateral negotiations or discussions for the purpose of
improving any other arrangements, standstills, minutes, and practices
involving official export financing in which the United States
participates. Such report shall include--,
(1) an assessment of the progress, if any, that has been made
in these negotiations, and of the prospects for a successful
conclusion to these negotiations within a reasonable time; and
(2) a recommendation by the Secretary of the Treasury as to
whether the Congress, in order to improve the prospects for a
successful conclusion to these negotiations, should enact
legislation for the purpose of enhancing the ability of the
Export-Import Bank of the United States to offer or support export
credit fully competitive with the subsidized official export
credit offered or supported by other governments.
Sec. 382. (a) Section 5 of the Act of November 8, 1978 (92 Stat.
3092; Public Law 95 - 612), is amended--,
(1) in subsection (a), by striking out "$24,000,000 for fiscal
year 1979 and $22,375,000 for fiscal year 1980," and inserting in
lieu thereof "$22,896,000 for fiscal year 1982, and such sums as
may be necessary for each fiscal year thereafter"; and
(2) in subsection (b), by striking out "for fiscal year 1980
not to exceed $800,000" and inserting in lieu thereof "not to
exceed $1,000,000 for fiscal year 1982, and such sums as may be
necessary for each fiscal year thereafter,".
(b) The last sentence of section 3552 of the Revised Statutes (31 U.
S.C. 369) is amended to read as follows: " There are authorized to be
appropriated for fiscal year 1982 not to exceed $54,706,000 for all
expenditures (salaries and expenses) of the mints and assay offices not
herein otherwise provided for.".
(2) The amendment made by paragraph (1) shall take effect on October
1, 1981.
Sec. 383. Section 6 of the Council on Wage and Price Stability Act
(12 U.S.C. 1904 note) // 31 USC 369. // is hereby repealed.
Sec. 384. Section 501(a)(1)(C)(vi) of the Depository Institutions
Deregulation and Monetary Control Act of 1980 (12 U.S.C. 1735f-7 note)
is amended by inserting "or a residential manufactured home" after
"residential real property".
Sec. 385. (a) Section 19(b)(8)(E) of the Federal Reserve Act (12 U.
S.C. 461(b)(8)(E)) // 94 Stat. 133. // is amended by striking out the
first two sentences thereof and inserting in lieu thereof the following:
" This subparagraph applies to any depository institution that, on
August 1, 1978, (i) was engaged in business as a depository institution
in a State outside the continental limits of the United States, and (ii)
was not a member of the Federal Reserve System at any time on or after
such date. Such a depository institution shall not be required to
maintain reserves against its deposits held or maintained at its offices
located in a State outside the continental limits of the United States
until the first day of the sixth calendar year which begins after the
effective date of the Monetary Control Act of 1980.".
(b) The third sentence of section 19(b)(8)(E) of such Act (12 U.S.C.
461(b)(8)(E)) is amended by striking out "its deposits" and inserting in
lieu thereof "such deposits".
Sec. 390. This subtitle may be cited as the " National Consumer
Cooperative Bank Act Amendments of 1981". // 12 USC 3001. //
DATE
Sec. 391. (a)(1) The National Consumer Cooperative Bank Act (12 U.
S.C. 3001 et seq.) is amended by inserting after section 115 the
following:
DATE
" Sec. 116. // 12 USC 3026. // (a)(1)(A) The Final Government Equity
Redemption Date shall occur on December 31, 1981, or not later than 10
days after the date of the enactment of the first Act providing for
appropriations for fiscal year 1982 (other than continuing
appropriations) for the Department of Housing and Urban Development and
Independent Agencies, whichever occurs later.
"(B) Not later than 5 days after the Final Government Equity
Redemption Date, the Secretary of the Treasury shall publish a notice in
the Federal Register indicating the day on which the Final Government
Equity Redemption Date occurred.
"(2)(A) Before the Final Government Equity Redemption Date, the
Secretary of the Treasury shall purchase all class A stock for which the
Congress has appropriated funds.
"(B) After the Final Government Equity Redemption Date, the Secretary
of the Treasury shall not purchase any class A stock.
"(3)(A) On the Final Government Equity Redemption Date, all class A
stock held by the Secretary of the Treasury on such date shall be
redeemed by the Bank in exchange for class A notes which are issued by
the Bank to the Secretary of the Treasury on behalf of the United States
and which have a total face value equal to the total par value of the
class A stock which is so redeemed, plus any unpaid dividends on such
stock.
"(B) During the period beginning on the Final Government Equity
Redemption Date and ending on December 31, 1990, not less than 30
percent of the revenue derived from the sale of stock by the Bank, other
than the sale of class B stock or class C stock, shall be used, upon
receipt, to retire class A notes.
"(C) After December 31, 1990, the Bank shall maintain a repayment
schedule for class A notes which will assure full repayment of all class
A notes not later than December 31, 2020. The requirement specified in
the previous sentence is in addition to the requirement regarding the
redemption of class A notes which is specified in section 104(c). // 12
USC 3014. //
"(b)(1) The United States shall not be responsible for any obligation
of the Bank which is incurred after the Final Government Equity
Redemption Date.
"(2) As soon as practicable after the date of the enactment of this
section, the Board shall adopt bylaws which will assist in expediting
and coordinating the activities which will occur with respect to the
Final Government Equity Redemption Date.".
(2) The amendment made by paragraph (1) // 12 USC 3026 // shall take
effect on the date of the enactment of this Act.
(b)(1) Only for purposes of section 107(a) of the National Consumer
Cooperative Bank Act (12 U.S.C. 3017(a)), class A notes shall be deemed
to be paid-in capital of the Bank.
(2) This subsection // 12 USC 3017 // shall take effect on the day
after the Final Government Equity Redemption Date.
Sec. 392. (a) Section 109 of the National Consumer Cooperative Bank
Act (12 U.S.C. 3019) is amended--,
(1) by striking out " Until the Final Government Equity
Redemption Date, but not thereafter, the Bank" and inserting in
lieu thereof "(a) The Bank"; and
(2) by adding at the end thereof the following:
"(b) Notwithstanding any other provision of law, for purposes of
subchapter T of the Internal Revenue Code of 1954--, // 26 USC 1381. //
"(1) the Bank shall be treated as a corporation operating on
the cooperative basis within the meaning of section 1381(a)(2) of
such Code;
"(2) the term 'patronage dividend', as defined in section
1388(a) of such Code
// 26 USC 1388. //
includes, only as such section applies to the Bank, any patronage
refunds in the form of class B or class C stock or allocated
surplus that are distributed or set aside by the Bank pursuant to
section 104(i) of this Act;
// 12 USC 3014. //
"(3) the terms 'written notice of allocation' and 'qualified
written notices of allocation', as defined in sections 1388 (b)
and (c) of such Code, include (to the extent of par value), only
as such sections apply to the Bank, any class B or class C stock
distributed by the Bank pursuant to section 104(i) of this Act and
shall also include any allocated surplus set aside by the Bank
pursuant to section 104(i) of this Act;
"(4) patrons of the Bank shall be deemed to have consented
under section 1388(c)(2) of such Code to the inclusion in their
incomes of any qualified written notices of allocation received by
such patrons from the Bank; and
"(5) any amounts required to be included in the incomes of
patrons of the Bank with respect to class B or class C stock or
allocated surplus shall be treated as earnings from business done
by such patrons of the Bank with or for their own patrons.".
(b) The amendments made by subsection (a) // 12 USC 3019 // shall
take effect on the day after the Final Government Equity Redemption
Date.
Sec. 393. (a) Subsections (a), (b), (c), and (d) of section 103 of
such Act (12 U.S.C. 3013) are amended to read as follows:
"(a) The Bank shall be governed by a Board of Directors (hereinafter
in this Act referred to as the ' Board') which shall consist of 15
members. All members shall serve for a term of 3 years. After the
expiration of the term of any member, such member may continue to serve
until his successor has been elected or has been appointed and
qualified. Any member appointed by the President may be removed for
cause by the President.
"(b)(1) The President shall appoint, by and with the advice and
consent of the Senate--,
"(A) one member who shall be selected from among proprietors of
small business concerns, as defined under section 3 of the Small
Business Act,
// 12 USC 371. //
which are manufacturers or retailers;
"(B) one member who shall be selected from among the officers
of the agencies and departments of the United States; and
"(C) one member who shall be selected from among persons having
extensive experience in the cooperative field representing
low-income cooperatives eligible to borrow from the Bank.
"(2) Twelve members of the Board shall be elected by the holders of
class B stock and class C stock in accordance with the provisions of
subsection (d) and the bylaws of the Bank.
"(c)(1) On the day after the Final Government Equity Redemption Date,
all members of the Board of Directors of the Bank who were appointed by
the President shall resign, except that--,
"(A) the member who shall have been appointed by the President
from among proprietors of small business concerns, and
"(B) one member who shall be designated by the President and
who shall have been appointed by the President from among the
officers and employees of the agencies and departments of the
United States Government,
may continue to serve until their successors have been appointed and
qualified.
"(2) Any member of the Board of Directors of the Bank who was elected
by the holders of class B or class C stock before the Final Government
Equity Redemption Date shall serve the remainder of the term for which
such member was elected.
"(3) Any member appointed pursuant to subsection (b)(1) shall be
entitled to sit on any committee of the Board, but not more than one
member so appointed may sit on any one committee.
"(d)(1) All elections of members of the Board by the holders of class
B stock and class C stock shall be conducted in accordance with the
bylaws of the Bank. Such bylaws shall conform to the requirements of
this section. Nominations for such elections shall be made by the
following classes of cooperatives: (A) housing, (B) consumer goods, (C)
low-income cooperatives, (D) consumer services, and (E) all other
eligible cooperatives.
"(2)(A) Vacant shareholder directorships shall be filled so that at
any time when there are three or more shareholder directors on the
Board, there shall be at least one director representing each of the
following classes of cooperatives: (i) housing cooperatives, (ii)
low-income cooperatives, and (iii) consumer goods and services
cooperatives.
"(B) Each nominee for a shareholder directorship of a particular
class shall have at least three years experience as a director or senior
officer in the class of cooperatives to be represented.
"(C) No one class of cooperatives specified in paragraph (1) shall be
represented on the Board by more than three directors.".
(b) Section 103(h) of such Act (12 U.S.C. 3013(h)) is amended--,
(1) in the second sentence thereof, by striking out ", until
the Final Government Equity Redemption Date" and all that follows
through "class B and class C stock" and inserting in lieu thereof
"the member of the Board appointed pursuant to subsection (b)(1)(
C)"; and
(2) by adding at the end thereof the following: " The members
of the Board who are elected by the holders of class B stock and
class C stock shall be compensated in accordance with the bylaws
of the Bank. All compensation and expenses paid to the members of
the Board of Directors shall be paid by the Bank.".
(c) The amendments made by subsections (a) and (b) // 12 USC 3013 //
shall take effect on the day after the Final Government Equity
Redemption Date.
Sec. 394. (a)(1) Section 115 of the National Consumer Cooperative
Bank Act (12 U.S.C. 3025) is amended to read as follows:
" Sec. 115. The Farm Credit Administration and the General
Accounting Office are hereby authorized and directed to examine and
audit the Bank. Reports regarding such examinations and audits shall be
promptly forwarded to both Houses of the Congress. The Bank shall
reimburse the Farm Credit Administration for the costs of any
examination or audit conducted by the Farm Credit Administration.".
(2) The amendment made by paragraph (1) // 12 USC 3025 // shall take
effect on the day after the Final Government Equity Redemption Date.
(b) The second sentence of section 108(a) of such Act (12 U.S.C.
3018(a)) is amended by striking out " October 1, 1983" and inserting in
lieu thereof " October 1, 1985".
(c)(1) The first sentence of section 104(a) of such Act (12 U.S.C.
3014(a)) is amended by inserting "by other public or private investors,"
after "by public bodies,".
(2) The amendment made by paragraph (1) // 12 USC 3014 // shall take
effect on the day after the Final Government Equity Redemption Date.
(d)(1) The last sentence of section 102 of such Act (12 U.S.C. 3012)
is amended to read as follows: " In determining whether a public
offering is taking place for the purpose of the Securities Act of 1933,
there shall be excluded from consideration all class B and class C stock
purchases which took place prior to the date of the enactment of the
National Consumer Cooperative Bank Act Amendments of 1981.".
(2) The amendment made by paragraph (1) // 12 USC 3012 // shall take
effect on the day after the Final Government Equity Redemption Date.
(e)(1) The first sentence of section 105(a) of such Act (12 U.S.C.
3015(a)) is amended by striking out "entirely owned" and inserting in
lieu thereof "primarily owned".
(2) The amendment made by paragraph (1) // 12 USC 3015 // shall take
effect on the day after the Final Government Equity Redemption Date.
(f) Section 105(a)(5) of such Act (12 U.S.C. 3015(a)(5)) is amended
by inserting "(except that this requirement shall not apply to any
housing cooperative in existence on March 21, 1980, which did not meet
such requirement on such date)" after "one vote per person basis".
(g)(1) The second sentence of section 107(a) of such Act (12 U.S.C.
3017(a)) is amended by striking out "after consultation with the
Secretary of the Treasury".
(2) The amendment made by paragraph (1) // 12 USC 3017 // shall take
effect on the day after the Final Government Equity Redemption Date.
Sec. 395. (a) The National Consumer Cooperative Bank Act (12 U.S.C.
3001 et seq.) is amended by inserting after section 210 the following:
" Sec. 211. // 12 USC 3051. // (a)(1) Upon the incorporation of the
nonprofit corporation described in subsection (b), the Office of
Self-Help Development and Technical Assistance is hereby abolished.
"(2)(A) If the nonprofit corporation described in subsection (b)
agrees to accept the liabilities of the Office, the Bank,
notwithstanding any other provision of law, shall transfer all assets,
liabilities, and property of the office to such nonprofit corporation on
the day on which such nonprofit corporation is incorporated.
"(B) Such assets shall include all sums which are appropriated to the
Office by the Congress and all sums which are contained in the Account
established pursuant to section 202. // 12 USC 3042. // If any such
sums are appropriated after the date on which the transfer described in
subparagraph (A) occurs, the Bank shall promptly transfer such sums to
such nonprofit corporation.
"(b)(1) As soon as possible after the date of the enactment of this
section, the Board shall establish a nonprofit corporation under the
laws of the District of Columbia and, notwithstanding the laws of the
District of Columbia, name the directors of such nonprofit corporation.
"(2) Notwithstanding the laws of the District of Columbia, the Board
of Directors of such nonprofit corporation shall--,
"(A) select an executive director who shall be responsible for
the administration of such nonprofit corporation;
"(B) set the compensation of such executive director and the
other employees of such nonprofit corporation;
"(C) promulgate and publish the policies of such nonprofit
corporation and make such policies available at all times to
eligible cooperatives; and
"(D) perform the functions specified in subparagraphs (A) and
(C) of paragraph (3).
"(3) Such nonprofit corporation shall only perform--,
"(A) the functions which are authorized to be performed
pursuant to sections 203 through 208 and section 210;
// 12 USC 3043 - 3048, 3050. //
"(B) such functions as are necessary to comply with the laws
under which it was incorporated in the District of Columbia; and
"(C) such functions as are necessary to remain qualified as an
organization described in section 501(c)(3) of the Internal
Revenue Code of 1954.
// 26 USC 501. //
"(4) Notwithstanding any other provision of law--,
"(A) the Bank may provide administrative or staff support to
such nonprofit corporation; and
"(B) any member of the Board of Directors of the Bank may serve
as a member of the Board of Directors of such nonprofit
corporation.
"(c)(1) Notwithstanding any other provision of law, such nonprofit
corporation shall be deemed to be, and treated as, qualified as an
organization described in section 501(c)(3) of the Internal Revenue Code
of 1954 // 26 USC 501. // from the date on which such nonprofit
corporation is established under the laws of the District of Columbia
until the date on which the Internal Revenue Service makes a final
determination on the application which such nonprofit corporation will
submit to the Internal Revenue Service seeking status as an organization
qualifying under such section.
"(2) When performed by such nonprofit corporation, the functions
described in subsection (b)(3)(A) shall be deemed to be performed for
'charitable purposes' within the meaning of section 501(c)(3) of the
Internal Revenue Code of 1954.
"(d)(1) The Board of Directors of the Bank may make contributions to
the nonprofit corporation in such amounts as the Board of Directors of
the Bank deems appropriate, except that--,
"(A) such contributions may be made only out of the Bank's
earnings, determined in accordance with generally accepted
accounting principles; and
"(B) the Bank shall set aside amounts sufficient to satisfy its
obligations to the Secretary of the Treasury for payments of
principal and interest on class A notes and other debt before
making any contributions to such nonprofit corporation.
"(2) During any period in which the nonprofit corporation described
in subsection (b) is qualified as an organization described in section
501(c)(3) of the Internal Revenue Code of 1954, contributions made by
the Bank pursuant to paragraph (1) shall be treated as charitable
contributions within the meaning of section 170(c)(2) of the Internal
Revenue Code of 1954, // 26 USC 170. // and may be deducted
notwithstanding the provisions of section 170(b)(2) of such Code.
"(3) During any period in which the nonprofit corporation described
in subsection (b) is qualified as an organization described in section
501(c)(3) of the Internal Revenue Code of 1954, contributions to such
nonprofit corporation by any person shall qualify as charitable
contributions, as defined in section 170(c) of such Code, for purposes
of the charitable contribution deduction provided for in section 170(a)
of such Code, and shall also qualify for the deductions for estate and
gift tax purposes provided for in sections 2055 and 2522 of the Internal
Revenue Code of 1954. // 26 USC 2055, 2522. //
"(e) Notwithstanding the laws of the District of Columbia, the Board
of Directors of such nonprofit corporation shall adopt and publish its
own conflict of interest rules which shall be no less stringent in
effect than the conflict of interest provisions adopted by the Board of
Directors of the Bank pursuant to section 114.". // 12 USC 3024. //
(b)(1) The first sentence of section 202 of the National Consumer
Cooperative Bank Act (12 U.S.C. 3042) is amended by striking out
"$10,000,000 for the fiscal year ending September 30, 1979, and for the
next two succeeding fiscal years an aggregate amount not to exceed
$65,000,000, for the purpose of making advances under section 203 of
this Act" // 12 USC 3043. // and by inserting in lieu thereof "for the
purpose of making advances under section 203 of this Act an amount not
to exceed $14,000,000 for fiscal year 1982".
(2) Section 104(a) of such Act (12 U.S.C. 3014(a)) is amended by
striking out the second and third sentences thereof and inserting in
lieu thereof the following: " There are authorized to be appropriated
not to exceed $47,000,000 for fiscal year 1982 for purposes of
purchasing clas A stock.".
(3) The amendments made by paragraphs (1) and (2) // 12 USC 3014 //
shall take effect on October 1, 1981.
SEC. 396. (a) For purposes of this subtitle, // 12 USC 3012 // the
term " Final Government Equity Redemption Date" shall have the same
meaning given such term in section 101(5) of the National Consumer
Cooperative Bank Act (12 U.S.C. 3011(5)).
(b) The first sentence of section 101 of the National Consumer
Cooperative Bank Act (12 U.S.C. 3011) is amended to read as follows: "
The Congress of the United States hereby creates and charters a body
corporate to be known as the National Consumer Cooperative Bank
(hereinafter in this Act referred to as the ' Bank').".
(c)(1) Section 104(b) of such Act (12 U.S.C. 3014(b)) is amended--,
(A) in the first sentence, by striking out "class A, class B,"
and inserting in lieu thereof "class B"; and
(B) by amending the second and third sentences to read as
follows: " Class A notes which are held by the United States
shall have first preference with respect to assets and interest
payments over all classes of stock issued by the Bank. So long as
any class A notes are outstanding, the Bank shall not pay any
dividend on any class of stock at a rate greater than the
statutory interest rate payable on class A notes.".
(2) Section 104(c) of such Act (12 U.S.C. 3014(c)) is amended--,
(A) by striking out the first sentence thereof;
(B) in the second sentence--,
payments";
and
in lieu
thereof ", except that";
(C) in the third sentence, by striking out "dividends" and
inserting in lieu thereof "interest payments";
(D) by amending the fourth sentence to read as follows: " Any
such interest payment may be deferred by the Board of Directors
with the approval of the Secretary of the Treasury, except that
any interest payment so deferred shall bear interest at a rate
equal to the rate determined pursuant to the first sentence of
this subsection.";
(E) in the fifth sentence, by striking out "any other class of
stock" and all that follows through the end thereof and inserting
in lieu thereof "any class of stock at any time when the deferred
interest payments on class A note shall not have been paid in
full, together with any unpaid interest on such notes.";
(F) in the sixth sentence--,
(G) in the seventh sentence--,
in lieu
thereof ",except that";
(3) Section 104(e) of such Act (12 U.S.C. 3014(e)) is amended--,
(A) by striking out "class A stock" each place it appears
therein and inserting in lieu thereof "class A notes"; and
(B) in the last sentence thereof, by striking out "statutory
dividend" and inserting in lieu thereof "statutory interest
payment".
(4) Section 104(f) of such Act (12 U.S.C. 3014(f)) is amended--,
(A) by striking out "class A stock is" and inserting in lieu
thereof "class A notes are"; and
(B) by striking out "class A stock as to dividends" and
inserting in lieu thereof "class A notes as to dividends, interest
payments,".
(5) Section 104(g)(2)(B) of such Act (12 U.S.C. 3014(g)(2)(B)) is
amended by striking out "section 103(c)" and inserting in lieu thereof
"section 103(d)(2)(A).".
(6) The second sentence of section 104(h) of such Act (12 U.S.C.
3014(h) is hereby repealed.
(7) The first sentence of section 104(i) of such Act (12 U.S.C.
3014(i)) is amended--,
(A) by striking out "cumulative dividends on class A stock" and
inserting in lieu thereof "interest payments on class A notes";
and
(B) by striking out "class A stock in" and inserting in lieu
thereof "class A notes in".
(d) Section 107 of such Act (12 U.S.C. 3017) is amended--,
(1) by striking out subsection (b); and
(2) by redesignating subsections (c) and (d) as subsections (b)
and (c), respectively.
(e) The second sentence of section 108(b) of such Act (12 U.S.C.
3018(b)) is amended by striking out ", but so long as" and all that
follows through "class B stock in the Bank".
(f) The last sentence of section 114 of such Act (12 U.S.C. 3024) is
hereby repealed.
(g) Section 203 of such Act (12 U.S.C. 3043) is amended by striking
out "out of the Account" each place it appears therein.
(h)(1) Section 201 of the Government Corporation Control Act (31 U.
S.C. 856) is amended by striking out "(7) the Rural Telephone Bank" and
all that follows through the end thereof and inserting in lieu thereof
"(7) the Rural Telephone Bank, (8) the United States Railway
Association, and (9) the National Credit Union Administration Central
Liquidity Facility.".
(2) Section 302 of the Government Corporation Control Act (31 U.S.C.
867) is amended--,
(A) by inserting "or" after "the Regional Banks for
Cooperatives,"; and
(B) by striking out "or the National Consumer Cooperative
Bank,".
(3) The second sentence of section 303(d) of the Government
Corporation Control Act (31 U.S.C. 868(d)) is amended by striking out "
National Consumer Cooperative Bank,".
(4) Section 5315 of title 5, United States Code, is amended by
striking out " Director, Office of Self-Help Development and Technical
Assistance, National Consumer Cooperative Bank.".
(i) The amendments made by subsections (b) through (h) // 12 USC 3011
// shall take effect on the day after the Final Government Equity
Redemption Date.
EXPENDED
FOR LOANS FOR CAPITAL PROJECTS
Sec. 401. (a) Subsection (c) of section 723 of the District of
Columbia Self-Government and Governmental Reorganization Act (D.C.
Code, sec. 47 - 241 note) is amended to read as follows:
"(c) Subject to the limitations contained in section 603(b), // D.C.
Code 47 - 228. // there is authorized to be appropriated to make loans
under this section the sum of $155,000,000 for the fiscal year ending on
September 30, 1982, the sum of $155,000,000 for the fiscal year ending
on September 30, 1983, and the sum of $155,000,000 for the fiscal year
ending on September 30, 1984.".
(b) The amendment made by this section shall take effect on October
1, 1981.
Sec. 501. This title may be cited as the Omnibus Education
Reconciliation Act of 1981". // 20 USC 3489 //
Sec. 502. // 20 USC 3489 // (a) Any provision of law which is not
consistent with the provisions of this subtitle is hereby superseded and
shall have only such force and effect during each of the fiscal years
1982, 1983, and 1984 which is consistent with this subtitle.
(b) Notwithstanding any authorization of appropriations for fiscal
year 1982, 1983, or 1984 contained in any provision of law which is
specified in this subtitle (including any authorization of
appropriations contained in section 528 of this title), no funds are
authorized to be appropriated in excess of the limitations imposed upon
appropriations by the provisions of this subtitle.
(c) No funds are authorized to be appropriated for the fiscal year
1982, 1983, or 1984 to pay for the expenses of any advisory council
which provides advice to a program for which there are no authorizations
of appropriations made under this subtitle or made by an amendment made
by this subtitle.
Sec. 503. The total amount of appropriations to carry out the Act of
March 2, 1867 (14 Stat. 439), // 20 USC 123 // shall not exceed
$145,200,000 for each of the fiscal years 1982, 1983, and 1984.
Sec. 504. The total amount of appropriations to carry out the Act of
September 23, 1950 (Public Law 815, 81st Congress), // 20 USC 631 //
shall not exceed $20,000,000 for each of the fiscal years 1982, 1983,
and 1984.
Sec. 505. (a)(1) The total amount of appropriations to make payments
under the Act of September 30, 1950 // 20 USC 237 // (Public Law 874,
81st Congress), shall not exceed $455,000,000 for each of the fiscal
years 1982, 1983, and 1984 of which--,
(A) $10,000,000 shall be available for payments under section 2
of such Act; and
(B) $10,000,000 shall be available for payments under section 7
of such Act.
Funds available for section 2 of such Act // 20 USC 237. // for each
such fiscal year shall also be available for section 16 of the Act of
September 23, 1950 (Public Law 815, 81st Congress). // 20 USC 646. //
(2) Section 3(d)(2) of such Act // 20 USC 238. // is amended by
adding at the end thereof the following new subparagraph:
"(E)(i) The amount of the entitlement of any local educational agency
under this section for fiscal year 1982 with respect to children
determined under subsection (b) with respect to such agency shall be the
amount determined under paragraph (1) with respect to such children
multiplied by 66 2/3 per centum.
"(ii) The amount of the entitlement of any local educational agency
under this section for fiscal year 1983 with respect to children
determined under subsection (b) with respect to such agency shall be the
amount determined under paragraph (1) with respect to such children
multiplied by 33 1/3 per centum.
"(iii) The amount of the entitlement of any local educational agency
under this section for fiscal year 1984 or any succeeding fiscal year
with respect to children determined under subsection (b) with respect to
such agency shall be zero.".
(3) If the amount appropriated for making payments under such Act //
20 USC 237 // for fiscal year 1982, 1983, or 1984 is not sufficient to
pay in full the sum of the entitlements established under section 2 of
such Act, // 20 USC 237. // then the amount of each such entitlement
shall be ratably reduced. If, for any fiscal year in which such a
reduction is required, additional amounts are made available for making
such payments, then such entitlements shall be increased on the same
basis as they were reduced.
(b) No funds are authorized to be appropriated for fiscal year 1982,
1983, or 1984 for the purpose of making payments--,
(1) on the basis of entitlements determined under section 3(e)
or 4 of such Act;
// 20 USC 238, 239. //
or
(2) under sections 4 A or 6 of such Act.
// 94 Stat. 1500. 20 USC 239a, 241. //
(c)(1) Subsection (d) of section 402 of the Act of September 30, 1950
(Public Law 874, 81st Congress), // 20 USC 243. // shall not apply
during fiscal year 1982, or any succeeding fiscal year.
(2) Funds appropriated to the Department of Defense shall be
available to the Secretary of Defense for payments and arrangements of
the kind that may be made by the Secretary of Education under section 6
of the Act of September 30, 1950 (Public Law 874, 81st Congress). // 20
USC 241. //
(3) The Secretary of Defense shall delegate to the Secretary of
Education responsibility for the conduct of programs with funds so
available.
Sec. 506. The total amount of appropriations to carry out the Adult
Education Act // 20 USC 1211 20 USC 1201 // shall not exceed
$100,000,000 for each of the fiscal years 1982, 1983, and 1984.
Sec. 507. The total amount of appropriations to carry out the
Alcohol and Drug Abuse Education Act // 21 USC 1002 21 USC 1001 // shall
not exceed $3,000,000 for fiscal year 1982.
Sec. 508. The total amount of appropriations to carry out the Career
Education Incentive Act // 20 USC 2603 20 USC 2601 // shall not exceed
$10,000,000 for fiscal year 1982.
Sec. 509. The total amount of appropriations to carry out sections
403, 404, and 405 of title IV of the Civil Rights Act of 1964 (42 U.S.
C. 2000c et seq.) // 42 USC 2000c-2 // shall not exceed $37,100,000 for
each of the fiscal years 1982, 1983, and 1984.
Sec. 510. The total amount of appropriations for salaries and
expenses of the Department of Education // 20 USC 3488 // shall not
exceed $308,000,000 for each of the fiscal years 1982, 1983, and 1984,
of which--,
(1) $49,396,000 shall be available for the Office of Civil
Rights; and
(2) $12,989,000 shall be available for the Office of the
Inspector General;
for each such year.
Sec. 511. (a) No funds are authorized to be appropriated to carry
out section 1015 of the Education Amendments of 1978 // 94 Stat. 1497.
20 USC 236 // for fiscal year 1982, 1983, or 1984.
(b)(1) No funds are authorized to be appropriated to carry out part A
of title XV of the Education Amendments of 1978 // 22 USC 287 // for
fiscal year 1982, 1983, or 1984.
(2) No funds are authorized to be appropriated to carry out part B of
title XV of the Education Amendments of 1978 // 20 USC 1123 20 USC 1172
// for fiscal year 1982, 1983, or 1984.
(3) The total amount of appropriations to carry out section 1524 of
the Education Amendments of 1978 // 92 Stat. 2379. // relating to
general assistance for the Virgin Islands shall not exceed $2,700,000
for each of the fiscal years 1982, 1983, and 1984.
(4) No funds are authorized to be appropriated to carry out section
1526 of the Education Amendments of 1978 // 20 USC 1231 // for fiscal
year 1982, 1983, or 1984.
Sec. 512. (a) No funds are authorized to be appropriated to carry
out part D of title XIII of the Education Amendments of 1980 // 94 Stat.
1499. 20 USC 1221 - 1 // for fiscal year 1982, 1983, or 1984.
(b) No funds are authorized to be appropriated to carry out part H of
title XIII of the Education Amendments of 1980 for fiscal year 1982,
1983, or 1984. // 94 Stat. 1502. //
Sec. 513. (a) The total amount of appropriations to carry out title
I of the Elementary and Secondary Education Act of 1965 // 20 USC 2702
20 USC 2701. // shall not exceed $3,480,000,000 for fiscal year 1982.
From the amount appropriated in accordance with the preceding sentence,
not more than 14.6 percent of such amount for fiscal year 1982 shall be
available to carry out sections 141, 146, and 151, of such Act. // 20
USC 2761, 2771, 2781. // After the requirement of the preceding
sentence is met, the Secretary of Education shall assure that the amount
available for section 117 of such Act // 20 USC 2722. // bears the same
ratio to the amount appropriated in such fiscal year for title I of such
Act as the amount available for such section 117 in fiscal year 1980
bore to the total amount appropriated for title I of such Act in fiscal
year 1980.
(b) The total amount of appropriations to carry out title II of the
Elementary and Secondary Education Act of 1965 // 20 USC 2921 // shall
not exceed $31,500,000 for fiscal year 1982.
(c)(1) The total amount of appropriations to carry out section 303 of
the Elementary and Secondary Education Act of 1965 // 20 USC 2943 //
shall not exceed $25,500,000 for fiscal year 1982.
(2) The total amount of appropriations to carry out part B of title
III of such Act // 20 USC 2954 // shall not exceed $1,380,000 for fiscal
year 1982.
(3) The total amount of appropriations to carry out part C of title
III of such Act // 20 USC 2963 // shall not exceed $3,150,000 for fiscal
year 1982.
(4) No funds are authorized to be appropriated to carry out part D of
title III of such Act // 20 USC 2971 // for fiscal year 1982.
(5) The total amount of appropriations to carry out part E of title
III of such Act // 20 USC 2983 // shall not exceed $3,600,000 for fiscal
year 1982.
(6) No funds are authorized to be appropriated to carry out part F of
title III of such Act // 20 USC 2992 // for fiscal year 1982.
(7) The total amount of appropriations to carry out part G of title
III of such Act // 20 USC 3003 // shall not exceed $1,000,000 for fiscal
year 1982.
(8) No funds are authorized to be appropriated to carry out part H of
title III of such Act // 20 USC 3018 // for fiscal year 1982.
(9) No funds are authorized to be appropriated to carry out part I of
title III of such Act // 20 USC 3024 // for fiscal year 1982.
(10) No funds are authorized to be appropriated to carry out part J
of title III of such Act // 20 USC 3034 // for fiscal year 1982.
(11) No funds are authorized to be appropriated to carry out part K
of title III of such Act // 20 USC 3041 // for fiscal year 1982.
(12) The total amount of appropriations to carry out part L of title
III of such Act // 20 USC 3057 // shall not exceed $3,000,000 for fiscal
year 1982.
(13) No funds are authorized to be appropriated to carry out part M
of title III of such Act // 20 USC 3062 // for fiscal year 1982.
(14) No funds are authorized to be appropriated to carry out part N
of title III of such Act // 94 Stat. 1471. 20 USC 3065 // for fiscal
year 1982.
(d)(1) The total amount of appropriations to carry out part B of
title IV of the Elementary and Secondary Education Act of 1965 // 20 USC
3101 // shall not exceed $161,000,000 for fiscal year 1982.
(2) The total amount of appropriations to carry out part C of title
IV of such Act // 20 USC 3111 // shall not exceed $66,130,000 for fiscal
year 1982.
(3) The total amount of appropriations to carry out part D of title
IV of such Act // 20 USC 3121 // shall not exceed $15,000,000 for fiscal
year 1982.
(e)(1) The total amount of appropriations to carry out part B of
title V of the Elementary and Secondary Education Act of 1965 // 20 USC
3163 // shall notexceed $42,075,000 for fiscal year 1982.
(2) No funds are authorized to be appropriated to carry out part C of
title V of such Act // 20 USC 3171 // for fiscal year 1982.
(f) The total amount of appropriations to carry out title VI of the
Elementary and Secondary Education Act of 1965 // 20 USC 3194 // shall
not exceed $149,292,000 for fiscal year 1982.
(g) The total amount of appropriations to carry out title VII of the
Elementary and Secondary Education Act of 1965 // 20 USC 3222 // shall
not exceed $139,970,000 for each of the fiscal years 1982, 1983, and
1984.
(h) The total amount of appropriations to carry out title VIII of the
Elementary and Secondary Education Act of 1965 // 20 USC 3282 // shall
not exceed $3,138,000 for fiscal year 1982.
(i)(1) The total amount of appropriations to carry out part A of
title IX of the Elementary and Secondary Education Act of 1965 // 20 USC
3313 // shall not exceed $5,652,000 for fiscal year 1982.
(2) No funds are authorized to be appropriated to carry out part B of
title IX of such Act // 20 USC 3331 // for fiscal year 1982.
(3) The total amount of appropriations to carry out part C of title
IX of such Act // 20 USC 3348 // shall not exceed $6,000,000 for each of
the fiscal years 1982, 1983, and 1984.
(4) No funds are authorized to be appropriated to carry out part D of
title IX of such Act // 20 USC 3352 // for fiscal year 1982.
(5) The total amount of appropriations to carry out part E of title
IX of such Act // 20 USC 3367 // shall not exceed $2,250,000 for fiscal
year 1982.
(j)(1) Funds appropriated in an appropriation Act for fiscal year
1982 for title I of the Elementary and Secondary Education Act of 1965
// 20 USC 2702 // which are intended for use by a State or local
educational agency in the school year 1982 - 1983 shall remain available
to such agency but shall be expended and used in accordance with chapter
1 of the Education Consolidation and Improvement Act of 1981.
(2) Funds appropriated in an appropriation Act for fiscal year 1981
for title I of the Elementary and Secondary Education Act of 1965 which
are not obligated by a State or local educational agency prior to July
1, 1982, shall remain available to such agency but shall be expended and
used in accordance with chapter 1 of the Education Consolidation and
Improvement Act of 1981.
Sec. 514. (a)(1) The total amount of appropriations to carry out
chapter 1 of the Education Consolidation and Improvement Act of 1981 //
20 USC 3802 // shall not exceed $3,480,000,000 for each of the fiscal
years 1983 and 1984.
(2) From the amount appropriated in accordance with the paragraph
(1), not more than 14.6 percent of such amount for each of the fiscal
years 1983 and 1984 shall be available to carry out programs described
in sections 141, 146, and 151 of the Elementary and Secondary Education
Act of 1965. // 20 USC 2761, 2771, 2781. // After the requirement of
the preceding sentence is met, the Secretary of Education shall assure
that the amount available for the programs described in section 117 of
the Elementary and Secondary Education Act of 1965 // 20 USC 2722. //
bears the same ratio to the amount appropriated in each such fiscal year
for chapter 1 of the Education Consolidation and Improvement Act of 1981
as the amount available for such section 117 in fiscal year 1980 bore to
the total amount appropriated for title I of the Elementary and
Secondary Education Act of 1965 // 20 USC 2701 // in fiscal year 1980.
(b)(1) The total amount of appropriations to carry out chapter 2 of
the Education Consolidation and Improvement Act of 1981 shall not exceed
$589,368,000 for each of the fiscal years 1982, 1983, and 1984.
(2)(A) Funds appropriated in an appropriation Act for fiscal year
1982 for any program described in section 561(a) (1), (2), (3), (5), and
(6) of this Act which are intended for use by a State or local
educational agency in the school year 1982 - 1983 shall remain available
to such agency but shall be expended and used in accordance with chapter
2 of the Education Consolidation and Improvement Act of 1981.
(B) Funds appropriated in an appropriation Act for fiscal year 1981
for any program described in section 561(a) (1), (2), (3), (5), and (6)
of this Act which are not obligated by a State or local educational
agency prior to July 1, 1982, shall remain available to such agency but
shall be expended and used in accordance with chapter 2 of the Education
Consolidation and Improvement Act of 1981.
Sec. 515. (a) The total amount of appropriations to carry out
section 405 of the General Education Provisions Act // 94 Stat. 1498.
20 USC 1221e // shall not exceed $55,614,000 for each of the fiscal
years 1982, 1983, and 1984.
(b) The total amount of appropriations to carry out section 406 of
the General Education Provisions Act // 20 USC 1221e-1 // shall not
exceed $8,947,000 for each of the fiscal years 1982, 1983, and 1984.
(c) The total amount of appropriations to carry out section 406 A(1)
of the General Education Provisions Act // 20 USC 1221e-1a // shall not
exceed $1,875,000 for fiscal year 1982.
(d) The total amount of appropriations to carry out section 406 A(2)
of the General Education Provisions Act shall not exceed $5,000,000 for
each of the fiscal years 1982, 1983, and 1984.
Sec. 516. (a)(1) No funds are authorized to be appropriated to carry
out part A of title I of the Higher Education Act of 1965 // 94 Stat.
1373. 20 USC 1005 // for fiscal year 1982, 1983, or 1984.
(2) The total amount of appropriations to carry out part B of title I
of such Act // 94 Stat. 1377. 20 USC 1019 // shall not exceed $8,000,000
for fiscal year 1982, 1983, or 1984.
(b)(1) The total amount of appropriations to carry out part A of
title II of the Higher Education Act of 1965 // 94 Stat. 1384. 20 USC
1029 // shall not exceed $5,000,000 for each of the fiscal years 1982,
1983, and 1984.
(2) The total amount of appropriations to carry out part B of title
II of such Act // 94 Stat. 1385. 20 USC 1031 // shall not exceed
$1,200,000 for each of the fiscal years 1982, 1983, and 1984.
(3) The total amount of appropriations to carry out part C of title
II of such Act // 94 Stat. 1386. 20 USC 1041 // shall not exceed
$6,000,000 for each of the fiscal years 1982, 1983, and 1984.
(4) No funds are authorized to be appropriated to carry out part D of
title II of such Act // 20 USC 1047j // for fiscal year 1982, 1983, or
1984.
(5) No funds available for carrying out part A and section 224 of
part B of such title // 94 Stat. 1384, 1385. // for any such fiscal
year shall be made available to any institution, organization, or agency
which is a recipient of assistance under part C of such title. // 20
USC 1029 //
(c)(1) The total amount of appropriations to carry out title III of
the Higher Education Act of 1965 // 94 Stat. 1386. 20 USC 1041. 94 Stat.
1390. 20 USC 1069c // shall not exceed $129,600,000 for each of the
fiscal years 1982, 1983, and 1984.
(2) Section 331(a)(1) of the Higher Education Act of 1965 // 94 Stat.
1395. 20 USC 1064. // is amended by striking out the period at the end
of clause (B) and by inserting in lieu thereof a semicolon and the word
"or", and by adding at the end thereof the following new clause:
"(C) which is an institution of higher education which includes
a substantial number of minority and educationally disadvantaged
students, which provides a medical education program which leads
to a doctor of medicine degree or which is not less than a two
year program fully acceptable toward such a degree, and which in
fiscal year 1980 received a grant as a two year
medical school under section 788(a) of the Health Professions
Educational Assistance Act of 1976.".
// 42 USC 295g-8. //
(d)(1)(A) The total amount of appropriations to carry out subpart 1
of part A of title IV of the Higher Education Act of 1965 // 20 USC
1070a // shall not exceed $2,650,000,000 for fiscal year 1982,
$2,800,000,000 for fiscal year 1983, and $3,000,000,000 for fiscal year
1984.
(B) If the Secretary of Education determines that it is necessary to
waive any provision of subpart 1 of part A of title IV of the Higher
Education Act of 1965 to meet the authorizations specified in
subparagraph (A) of this paragraph, the Secretary shall notify the
Committee on Labor and Human Resources of the Senate and the Committee
on Education and Labor of the House of Representatives. The
notification shall contain a description of each provision of such
subpart that the Secretary proposes to waive and the reasons for the
waiver. The Secretary may waive each provision contained in the
notification submitted under this subparagraph if the Committee on Labor
and Human Resources of the Senate and the Committee on Education and
Labor of the House of Representatives within 30 days after the receipt
approve of the waiver of that provision. Before the Secretary may act
under this subparagraph, each such committee must approve of the waiver
of each provision requested in the notification.
(2) The total amount of appropriations to carry out subpart 2 of part
A of title IV of such Act // 20 USC 1070b // shall not exceed
$370,000,000 for each of the fiscal years 1982, 1983, and 1984.
(3) The total amount of appropriations to carry out subpart 3 of part
A of title IV of such Act // 20 USC 1070c // shall not exceed
$76,800,000 for each of the fiscal years 1982, 1983, and 1984.
(4) The total amount of appropriations to carry out subpart 4 of part
A of title IV of such Act // 94 Stat. 1407. 20 USC 1070d // shall not
exceed $165,000,000 for the fiscal year 1982, $170,000,000 for each of
the fiscal years 1983 and 1984.
(5) The total amount of appropriations to carry out subpart 5 of part
A of title IV of such Act // 94 Stat. 1411. 20 USC 1070d-2 // shall not
exceed $7,500,000 for each of the fiscal years 1982, 1983, and 1984.
(6)(A) No funds are authorized to be appropriated to carry out
section 419 of such Act // 20 USC 1070e // for fiscal year 1982, 1983,
or 1984.
(B) The total amount of appropriations to carry out section 420 of
such Act // 94 Stat. 1412. 20 USC 1070e-1 // shall not exceed
$12,000,000 for each of the fiscal years 1982, 1983, and 1984.
(7) The total amount of appropriations to carry out part C of title
IV of such Act // 94 Stat. 1433. 42 USC 2751 // shall not exceed
$550,000,000 for each of the fiscal years 1982, 1983, and 1984.
(8) The total amount of appropriations to carry out part E of title
IV of such Act // 94 Stat. 1436. 20 USC 1087aa // shall not exceed
$286,000,000 for each of the fiscal years 1982, 1983, and 1984.
(9) The total amount of appropriations to carry out section 491 of
such Act // 94 Stat. 1454. 20 USC 1098 // shall not exceed $1,000,000
for fiscal year 1982 and $2,000,000 for fiscal year 1983.
(e)(1) The total amount of appropriations to carry out part A of
title V of the Higher Education Act of 1965 // 94 Stat. 1459. 20 USC
1101 // shall not exceed $22,500,000 for fiscal year 1982.
(2)(A) The total amount of appropriations to carry out part B of
title V of such Act // 94 Stat. 1459. 20 USC 1119 // shall not exceed
$9,100,000 for fiscal year 1982.
(B) The last sentence of section 531 of such Act shall not apply to
the funds appropriated to carry out part B of title V of such Act for
fiscal year 1982, 1983, or 1984.
(3) No funds are authorized to be appropriated to carry out part C of
title V of such Act // 94 Stat. 1461. 20 USC 1119b-5 // for fiscal year
1982, 1983, or 1984.
(4) No funds are authorized to be appropriated to carry out part D of
title V of such Act // 94 Stat. 1464. 20 USC 1119c // for fiscal year
1982, 1983, or 1984.
(f) The total amount of appropriations to carry out title VI of the
Higher Education Act of 1965 // 94 Stat. 1464. 20 USC 1127 // shall not
exceed $30,600,000 for each of the fiscal years 1982, 1983, and 1984.
(g) No funds are authorized to be appropriated to carry out part A or
B of title VII of the Higher Education Act of 1965 // 94 Stat. 1472. 20
USC 1132a-1 // for fiscal year 1982, 1983, or 1984.
(h) The total amount of appropriations to carry out title VIII of the
Higher Education Act of 1965 // 94 Stat. 1481. 20 USC 1133 // shall not
exceed $20,000,000 for each of the fiscal years 1982, 1983, and 1984.
(i)(1) No funds are authorized to be appropriated to carry out part A
of title IX of such Act // 20 USC 1134 // for fiscal year 1982, 1983, or
1984.
(2) The total amount of appropriations to carry out part B of title
IX of the Higher Education Act of 1965 // 94 Stat. 1482. 20 USC 1134g //
shall not exceed $14,000,000 for each of the fiscal years 1982, 1983,
and 1984.
(3) No funds are authorized to be appropriated to carry out part C of
title IX of such Act // 94 Stat. 1484. 20 USC 1134h // for fiscal year
1982, 1983, or 1984.
(4) The total amount of appropriations to carry out part D of title
IX of such Act // 94 Stat. 1486. 20 USC 1134m // shall not exceed
$1,000,000 for each of the fiscal years 1982, 1983, and 1984.
(5) The total amount of appropriations to carry out part E of title
IX of such Act // 94 Stat. 1487. 20 USC 1134p // shall not exceed
$1,000,000 for each of the fiscal years 1982, 1983, and 1984.
(j) The total amount of appropriations to carry out title X of the
Higher Education Act of 1965 // 94 Stat. 1489. 20 USC 1135a-3 // shall
not exceed $13,500,000 for each of the fiscal years 1982, 1983, and
1984.
Sec. 517. The total amount of appropriations to carry out the Indian
Education Act // 20 USC 241ff 20 USC 241aa // shall not exceed
$81,700,000 for fiscal year 1982, $88,400,000 for the fiscal year 1983,
and $95,300,000 for the fiscal year 1984.
COLLEGE ACT;
TRIBALLY CONTROLLED COMMUNITY COLLEGE ASSISTANCE
ACT OF 1978
Sec. 518. // 25 USC 13 // The total amount of appropriations--,
(1) to carry out the Act of April 16, 1934, commonly referred
to as the Johnson-O' Malley Act;
// 25 USC 452 //
(2) to carry out all education programs under the direction of
the Office of Indian Education Programs in the Bureau of Indian
Affairs of the Department of the Interior authorized under the Act
of November 2, 1921, commonly referred to as the Snyder Act
// 25 USC 13. //
(and not otherwise expressly authorized by law);
(3) to carry out the Navajo Community College Act;
// 25 USC 640a //
and
(4) to carry out the Tribally Controlled Community College
Assistance Act of 1978; // 25 USC 1801 // shall not exceed
$262,300,000 for fiscal year 1982, $276,100,000 for the fiscal year
1983, and $290,400,000 for fiscal year 1984.
FELLOWSHIP
PROGRAM)
Sec. 519. The total amount of appropriations to carry out the joint
resolution of October 19, 1972, // 86 Stat. 907. // shall not exceed
$1,000,000 for each of the fiscal years 1982, 1983, and 1984.
Sec. 520. // 20 USC 351b // (a) The total amount of appropriations to
carry out the Library Services and Construction Act // 20 USC 351 //
shall not exceed $80,000,000 for each of the fiscal years 1982, 1983,
and 1984 of which--,
(1) not more than $65,000,000 shall be available for title I of
such Act;
// 20 USC 352. //
and
(2) not more than $15,000,000 shall be available for title III
of such Act,
// 20 USC 355e. // for each such year.
(b) No funds are authorized to be appropriated to carry out title II
of the Library Services and Construction Act // 20 USC 355a. // for
fiscal year 1982, 1983, or 1984.
Sec. 521. // 20 USC 967 // The total amount of appropriations to
carry out the Museum Services Act // 20 USC 961 // shall not exceed
$9,600,000 for each of the fiscal years 1982, 1983, and 1984.
SCIENCE ACT
Sec. 522. // 20 USC 1506 // The total amount of appropriations to
carry out the National Commission on Libraries and Information Science
Act // 20 USC 1501 // shall not exceed $700,000 for each of the fiscal
years 1982, 1983, and 1984.
ACT OF
1965
// 20 USC 951 //
Sec. 523. // 20 USC 960 // The total amount of appropriations to the
National Endowment for the Arts shall not exceed $119,300,000 for each
of the fiscal years 1982, 1983, and 1984.
Sec. 524. // 20 USC 960 // The total amount of appropriations to the
National Endowment for the Humanities shall not exceed $113,700,000 for
each of the fiscal years 1982, 1983, and 1984.
Sec. 525. The total amount of appropriations to carry out titles I
through IV of the Refugee Education Assistance Act of 1980 // 94 Stat.
1799 - 1807. 8 USC 1522 // shall not exceed $5,000,000 for fiscal year
1982, $7,500,000 for fiscal year 1983, and $10,000,000 for fiscal year
1984.
Sec. 526. // 8 USC 1522 // ()(1) The total amount of appropriations
to carry out Cuban and Haitian reception activities shall not exceed
$20,000,000 for fiscal year 1982.
(2) No funds are authorized to be appropriated to Cuban and Haitian
reception activities for the fiscal year 1983.
(b) The total amount of appropriations to carry out Cuban and Haitian
domestic activities shall not exceed $94,000,000 for fiscal year 1982
and $59,000,000 for fiscal year 1983.
Sec. 527. // 20 USC 2302 // The total amount of appropriations to
carry out the Vocational Education Act of 1963 // 20 USC 2301 // shall
not exceed $735,000,000 for each of the fiscal years 1982, 1983, and
1984.
Sec. 528. Subject to the limitations contained in subtitle A of this
title, // 20 USC 3489. // there are authorized to be appropriated for
fiscal years 1982, 1983, and 1984 such sums as may be necessary to carry
out each of the following provisions of law:
(1) the Act of September 30, 1950 (Public Law 874, 81st
Congress);
// 20 USC 236 //
(2) the Act of September 23, 1950 (Public Law 815, 81st
Congress);
// 20 USC 631 //
(3) the General Education Provisions Act;
// 20 USC 1221. //
(4) the Indian Education Act;
// 20 USC 241aa. //
(5) titles XI, XIV, and XV of the Education Amendments of 1978
// 92 Stat. 2313, 2373; //
and part H of title XIII of the Education Amendments of 1980;
// 20 USC 921. //
(6) the Adult Education Act;
// 94 Stat. 1502. //
(7) section 342 of the Education Amendments of 1976;
// 20 USC 1201 //
(8) the Asbestos School Hazards Detection and Control Act;
// 20 USC 2532. //
(9) the Joint Resolution of October 19, 1972 (86 Stat. 907);
// 94 Stat. 487. //
(10) the Vocational Education Act of 1963;
// 20 USC 3601 //
(11) title IV of the Civil Rights Act of 1964;
// 20 USC 2301 //
(12) the Library Services and Construction Act;
// 42 USC 2000a //
(13) the Navajo Community College Act
// 20 USC 351 20 USC 640a //
and the Tribally Controlled Community College Assistance Act of
1978;
// 20 USC 1801 //
and
(14) part C of title IX of the Elementary and Secondary
Education Act of 1965,
// 20 USC 3341. //
relating to Women's Educational Equity.
Sec. 531. This subtitle may be cited as the " Postsecondary Student
Assistance Amendments of 1981". // 20 USC 1001 //
Sec. 532. (a) Section 428(a)(2) of the Higher Education Act of 1965
// 20 USC 1078. // (hereafter in this subtitle referred to as the "
Act") is amended to read as follows:
"(2)(A) Each student qualifying for a portion of an interest payment
under paragraph (1) shall--,
"(i) have provided to the lender a statement from the eligible
institution, at which the student has been accepted for
enrollment, or at which the student is in attendance, which--,
attendance;
and
assistance;
and
"(ii) meet the requirements of subparagraph (B).
"(B) For the purpose of clause (ii) of subparagraph (A), a student
shall qualify for a portion of an interest payment under paragraph (1)
if the adjusted gross income of such student's family--,
"(i) is less than or equal to $30,000; or
"(ii) is greater than $30,000, and the eligible institution has
provided the lender with a statement evidencing a determination of
need for a loan and the amount of such need, subject to the
provisions of subparagraph (F).
"(C) For the purpose of paragraph (1) and this paragraph--,
"(i) a student's estimated cost of attendance means, for the
period for which the loan is sought, the tuition and fees
applicable to such student together with the institution's
estimate of other expenses reasonably related to attendance at
such institution, including, but not limited to, the cost of room
and board, reasonable transportation costs, and costs for books
and supplies;
"(ii) a student's estimated financial assistance means, for the
period for which the loan is sought, the amount of assistance such
student will receive under subparts 1 and 2 of part A, and parts C
and E of this title,
// 20 USC 1070a, 1070b; //
any amount paid under the Social Security Act
// 42 USC 2751; 20 USC 1087aa. 42 USC 1305. //
to, or on account of, the student which would not be paid if he
were not a student, and any amount paid the student under chapters
32, 34, and 35 of title 38, United States Code,
// 38 USC 1601 //
plus other scholarship, grant, or loan assistance; and
"(iii) the determination of need and of the amount of a loan by
an eligible institution under subparagraph (B)(ii) with respect to
a student shall be calculated by subtracting from the estimated
cost of attendance at the eligible institution the total of the
expected family contribution with respect to such student plus any
estimated financial assistance reasonably available to such
student.
"(D) The Secretary shall submit a separate schedule of expected
family contributions to the President of the Senate and the Speaker of
the House of Representatives not later than the submission of, and in
accordance with the procedures for, the proposed schedule of expected
family contributions under section 482, // 94 Stat. 1445. 20 USC 1089.
// except as provided in subparagraph (E).
"(E)(i) The initial separate schedule required by subparagraph (D)
shall--,
"(I) be submitted not later than August 15, 1981;
"(II) be effective on October 1, 1981, except as is otherwise
provided in division (ii);
"(III) not be the subject of public comment otherwise required
by section 482(a)(1) of this Act
// 94 Stat. 1445. 20 USC 1089. //
or section 431 of the General Education Provisions Act;
// 20 USC 1232. //
and
"(IV) be subject to amendment prior to the next regular
submission of a separate schedule as required by subparagraph (D)
only in accordance with division (iv) of this subparagraph.
"(ii) If either the Senate or the House of Representatives adopts,
prior to October 1, 1981, a resolution of disapproval of the schedule
submitted under division (i), such schedule shall not take effect. If
such schedule is so disapproved, or if the Secretary does not submit
such a schedule by August 15, 1981, then beginning on October 1, 1981,
the expected family contribution for purposes of this paragraph shall be
determined by the eligible institution in accordance with regulations
promulgated under section 411 or 413 B, // 20 USC 1070a, 1070b-1. // as
in effect for the period beginning on July 1, 1981, governing the
determination of expected family contribution.
"(iii) The method of determining the expected family contribution
established under this subparagraph shall remain in effect until
superseded by the taking effect of the next schedule submitted in
accordance with subparagraph (D) or amended in accordance with division
(iv) of this subparagraph.
"(iv) Any amendment promulgated by the Secretary to the initial
separate schedule established under this subparagraph shall be
transmitted to the President of the Senate and the Speaker of the House
of Representatives not later than the time of its publication in the
Federal Register. If either the Senate or House of Representatives
adopts, within 30 legislative days following the publication of such
amendment, a resolution of disapproval of such amendment, such amendment
shall not take effect.
"(F) For the purpose of a student described in clause (ii) of
subparagraph (B), the amount of the loan which is qualified for a
payment under paragraph (1) is the amount of the need of such student as
determined by the eligible institution, except that, if the amount of
need is equal to or more than $500, but is less than $1,000, the amount
of the loan which is qualified for such payment shall be $1,000.".
(b)(1) Section 428(b)(1)(A)(i) of the Act // 20 USC 1078. // is
amended by striking out "section 428(a)(2)(B)(i)" and inserting in lieu
thereof "section 428(a)(2)(C)(i)".
(2) Section 439 B of the Act // 20 USC 1087 - 3a. // is repealed.
Nothing in this paragraph or in any other provision of this title, or in
any provision of the Higher Education Act of 1965 // 20 USC 1001 // as
amended by this title, shall be construed to permit any analysis of need
for the purposes of loans under part B of title IV of such Act // 20 USC
1071. // other than that expressly required by section 428(a)( 2) of
such Act as amended by this section or to require a student seeking to
qualify under section 428(a)(2)(B)(i) to prove any element of need other
than compliance with the adjusted gross income amount specified in such
section.
(3) Section 428 B(b)(3) of the Act // 94 Stat. 1424. 20 USC 1078 - 2.
// is amended by striking out " No" and inserting in lieu thereof " Any
loan under this section may be counted as part of the student's expected
family contribution in the determination of need under this title, but
no".
(4) Section 438(b)(5) of the Act // 94 Stat. 1425. 20 USC 1087 - 1.
// is amended to read as follows:
"(5) As used in this section, the term 'eligible loan' means a
loan--,
"(A)(i) on which a portion of the interest is paid on behalf of
the student and for his account to the holder of the loan under
section 428(a);
"(ii) which is made under section 428 B or 439(o);
// 94 Stat. 1430. 20 USC 1087 - 2. //
or
"(iii) which was made prior to October 1, 1981; and
"(B) which is insured under this part, or made under a program
covered by an agreement under section 428(b) of this Act.".
// 20 USC 1078. //
Sec. 533. (a)(1) Section 482(a)(1) of the Act // 94 Stat. 1445. 20
USC 1089. // is amended by striking out everything after the comma
following the words "family income, which," and inserting in lieu
thereof the following: "together with any amendments published in the
Federal Register, no later than September 1, 1981, June 1, 1982, and
June 1 of each succeeding year, shall become effective July 1 of the
calendar year which succeeds such calendar year, except as is otherwise
provided in paragraph (2). During the thirty-day period following
publication of a schedule the Secretary shall provide interested parties
with an opportunity to present their views and make recommendations with
respect to such schedule. Such schedule shall be adjusted annually.".
(2) Section 482(a)(2) of the Act is amended to read as follows:
"(2) The schedule of expected family contributions required for each
academic year, including any amendments thereto published pursuant to
paragraph (1), shall be transmitted to the President of the Senate and
the Speaker of the House of Representatives not later than the time of
its publication in the Federal Register. If either the Senate or House
of Representatives adopts, prior to October 15, 1981, July 15, 1982, or
July 15 of any succeeding year, following the submission of such
schedule and any amendments thereto as required by this paragraph, a
resolution of disapproval of such schedule or amendments, in whole or in
part, the Secretary shall publish a new schedule of expected family
contributions in the Federal Register not later than fifteen days after
the adoption of such resolution of disapproval. Such new schedule shall
take into consideration such recommendations as may be made in either
House in connection with such resolution. If within fifteen days
following the submission of the revised schedule, either the Senate or
the House of Representatives again adopts a resolution of disapproval,
in whole or in part, of such revised schedule, the Secretary shall
publish a new schedule of expected family contributions in the Federal
Register not later than fifteen days after the adoption of such
resolution of disapproval. This procedure shall be repeated until
neither the Senate nor the House of Representatives adopts a resolution
of disapproval. The Secretary shall publish together with each new
schedule a statement identifying the recommendations made in either
House in connection with such resolution of disapproval and explaining
his reasons for the new schedule.".
(3) The first sentence of section 431(d)(1) of the General Education
Provisions Act // 20 USC 1232. // is amended by inserting after "final
regulation" the first time it appears the following: "(except expected
family contribution schedules and any amendments thereto promulgated
pursuant to sections 428(a)(2) (D) and (E) and 482(a) (1) and (2) of the
Higher Education Act of 1965)".
(b) Section 482(b)(4) of the Act // 94 Stat. 1445. 20 USC 1089. //
is amended to read as follows:
"(4) In determining the expected family contribution under this
section for any academic year after academic year 1981 - 1982, the
Secretary shall establish a series of assessment rates to be applied to
parental discretionary income.".
Sec. 534. (a)(1) Section 427 A of the Act // 94 Stat. 1419. 20 USC
1077a. // is amended by redesignating subsection (c) as subsection (d)
and by inserting after subsection (b) the following:
"(c)(1) Except as otherwise provided in this subsection, the
applicable rate of interest on loans made pursuant to section 428 B //
94 Stat. 1424. 20 USC 1078 - 2. // on or after October 1, 1981, shall
be 14 per centum per annum on the unpaid principal balance of the loan.
"(2) If for any twelve-month period beginning on or after October 1,
1981, the Secretary, after consultation with the Secretary of the
Treasury, determines that the average of the bond equivalent rates of
ninety-one-day Treasury bills auctioned for such twelve-month period is
equal to or less than 14 per centum, the applicable rate of interest for
loans made pursuant to section 428 B on and after the first day of the
first month beginning after the date of publication of such
determination shall be 12 per centum per annum on the unpaid principal
balance of the loan.
"(3) If for any twelve-month period beginning on or after the date of
publication of a determination under paragraph (2), the Secretary, after
consultation with the Secretary of the Treasury, determines that the
average of the bond equivalent rates of ninety-one-day Treasury bills
auctioned for such twelve-month period exceeds 14 per centum, the
applicable rate of interest for loans made pursuant to section 428 B on
and after the first day of the first month beginning after the date of
publication of that determination under this paragraph shall be 14 per
centum per annum on the unpaid principal balance of the loan.".
(2) Section 428 B(c)(3) is amended by striking out everything after
"unpaid principal balance of the loan," and inserting in lieu thereof
the following: "except as otherwise required by section 427 A(c).".
(b) Section 438(b)(2) of the Act // 94 Stat. 1425. 20 USC 1087 - 1.
// is amended--,
(1) by striking out subparagraphs (A), (B), and (C) and
inserting in lieu thereof the following:
"(2)(A) Subject to subparagraph (B) and paragraph (4), the special
allowance paid pursuant to this subsection on loans shall be computed
(i) by determining the average of the bond equivalent rates of
ninety-one-day Treasury bills auctioned for such three month period,
(ii) by subtracting the applicable interest rate on such loans from such
average, (iii) by adding 3.5 per centum to the resultant per centum, and
(iv) by dividing the resultant per centum by four.";
(2) by redesignating subparagraph (D) as subparagraph (B);
and
(3) by striking out "subparagraph (A), (B), or (C)" in
subparagraph (B) (as so redesignated) and inserting in lieu
thereof "subparagraph (A)".
(c)(1) Section 428 B(a) of the Act is amended by inserting "(1)"
after "(a)" and by adding at the end thereof the following new
paragraph:
"(2) Graduate or professional students (as defined by regulations of
the Secretary) and independent undergraduate students (as defined in
section 482(c)(2)) // 94 Stat. 1445. 20 USC 1089. // shall be eligible
to borrow funds under this section in amounts specified in subsection
(b) (treating graduate and professional students as parents for the
purposes of such subsection), and unless otherwise specified in
subsections (c) and (d), such loans shall have the same terms,
conditions, and benefits as all other loans made under this part.".
(2) Section 428 B(b) of the Act // 94 Stat. 1424. 20 USC 1078 - 2.
// is amended by adding at the end thereof the following new paragraph:
"(4)(A) Subject to subparagraph (B) of this paragraph, the maximum
amount an independent undergraduate student may borrow under this
section in any academic year or its equivalent (as defined by regulation
by the Secretary) is equal to (i) $2,500, minus (ii) the amount of all
other loans under this part to such student for such academic year or
its equivalent.
"(B) The aggregate insured unpaid principal amount for insured loans
made to an independent undergraduate student under this part (including
loans made under this section) shall not exceed $12,500.".
(3) The heading of section 428 B of the Act is amended to read as
follows:
Sec. 535. (a) Section 425(a)(1) of the Act // 94 Stat. 1416. 20 USC
1075. // is amended--,
(1) by striking out clause (A) and by redesignating clauses
(B), (C), and (D) as clauses (A), (B), and (C), respectively; and
(2) by striking out "clause (C)" in the last sentence of such
section and inserting in lieu thereof "clause (B)".
(b) Section 425(a)(2) of the Act is amended--,
(1) by striking out "(other than an independent student)";
and
(2) by striking out "$15,000 in the case of any independent
student who has not successfully completed a program of
undergraduate education,".
(c) The matter preceding subdivision (i) of section 428(b)(1)(A) of
the Act is amended--,
(1) by striking out "(other than an independent student)";
and
(2) by striking out "or not more than $3,000 in the case of an
independent student (defined in accordance with section 482(c)(
2))
// 94 Stat. 1445. 20 USC 1089. //
who has not successfully completed a program of undergraduate
education,".
(d) Section 428(b)(1)(B) of the Act is amended--,
(1) by striking out "(other than an independent student)";
and
(2) by striking out "$15,000 in the case of any independent
student who has not successfully completed a program of
undergraduate education,".
(e) Section 428 A of the Act // 94 Stat. 1416, 1417. 20 USC 1078 - 1.
// is amended--,
(1) by striking out ", other than an independent student," in
subsection (a)(1)(A) and in subsection (a)(2)(A);
(2) by striking out "$3,000 (in the case of an independent
student (as defined in section 482(c)(2)) who has not successfully
completed a program of undergraduate education)," in each such
subsection;
(3) by striking out "(other than an independent student)" in
each such subsection; and
(4) by striking out "$15,000 in the case of any independent
student who has not successfully completed a program of
undergraduate education," in each such subsection.
Sec. 536. (a) Section 438 of the Act // 94 Stat. 1425. 20 USC 1087 -
1. // is amended by redesignating subsection (c) as subsection (d) and
by inserting after subsection (b) the following new subsection:
"(c)(1) Notwithstanding subsection (b), the total amount of interest
and special allowance payable under section 428(a)(3)(A) // 20 USC 1078.
// and subsection (b) of this section, respectively, to any holder
shall be reduced by the Secretary by the amount which the lender is
authorized to charge as an origination fee in accordance with paragraph
(2) of this subsection. If the total amount of interest and special
allowance payable under section 428(a)(3)(A) and subsection (b) of this
section, // 20 USC 1078. // respectively, is less than the amount the
lender was authorized to charge borrowers for origination fees in that
quarter, the Secretary shall deduct the excess amount from the
subsequent quarters' payments until the total amount has been deducted.
"(2) With respect to any loan (other than loans made under section
428 B and section 439(o)) // 94 Stat. 1424, 1430. // for which a
completed note or other written evidence of the loan was sent or
delivered to the borrower for signing on or after 10 days after the date
of enactment of the Postsecondary Student Assistance Amendments of 1981,
// 20 USC 1078 - 2, 1087 - 2. // each eligible lender under this part
is authorized to charge the borrower an origination fee in an amount not
to exceed 5 per centum of the principal amount of the loan, which may be
deducted from the proceeds of the loan prior to payment to the borrower.
"(3) Such origination fee shall not be taken into account for
purposes of determining compliance with section 427 A. // 94 Stat.
1419. 20 USC 1077a. //
"(4) The lender shall disclose to the borrower the amount and method
of calculating the origination fee. For any loan for which the lender
is authorized to charge an origination fee and which is made prior to
August 1, 1982--,
"(A) this disclosure need not meet the requirements of the
Truth in Lending Act (15 U.S.C. 1601 et seq.) or the disclosure
requirements of any State law;
"(B) for purposes of such Act, a lender may disclose either in
the note or other written evidence of the loan or in a
supplementary letter (which need not be signed by the borrower);
"(C) for purposes of such Act, the origination fee shall not be
taken into account in calculating and disclosing the annual
percentage rate; and
"(D) a lender or an assignee shall not incur civil liability
under section 130 of such Act
// 15 USC 1640. //
nor be subject to any administrative enforcement action pursuant
to section 108 of such Act
// 15 USC 1607. //
for disclosures in connection with such loans.".
(b) Section 428(a)(3)(A) of the Act // 20 USC 1078. // is amended by
inserting "and subject to section 438(c)" after " Except as provided in
paragraph (8)".
Sec. 537. (a)(1) Section 428(e) of the Act is repealed.
(2) The first sentence of section 489(a) of the Act // 94 Stat.
1453. 20 USC 1096. // is amended by striking out "$10" and inserting in
lieu thereof "$5".
(b)(1) Section 427(c) of the Act // 20 USC 1077. // is amended by
striking out "$360" each place it appears and inserting in lieu thereof
"$600".
(2) Section 428(b)(1)(L) of the Act // 20 USC 1078. // is amended by
striking out "$360" each place it appears and inserting in lieu thereof
"$600".
(c) Section 428(c) of the Act is amended--,
(1) in paragraph (2)(D), by striking out "but shall not
otherwise provide for subrogation of the United States to rights
of any insurance beneficiary" and inserting in lieu thereof "but
shall provide for subrogation of the United States to the rights
of any insurance beneficiary only to the extent required for
purposes of paragraph (8)"; and
(2) by adding at the end thereof the following new paragraph:
"(8) If the Secretary determines that the protection of the Federal
fiscal interest so requires, a State or nonprofit private institution or
organization with which the Secretary has an agreement under subsection
(b) shall assign to the Secretary any loan of which it is the holder and
for which the Secretary has made a payment pursuant to paragraph (1) of
this subsection.".
(d)(1) The matter following section 428(b)(1)(M)(viii) of the Act //
20 USC 1078. // is amended by striking out ", and that no repayment of
principal of any loan for any period of study, training, service, or
unemployment described in this clause or any combination thereof shall
begin until six months after the completion of such period or
combination thereof".
(2) Section 427(a)(2)(C) of the Act // 20 USC 1077. // is amended--,
(A) by striking out "that any such period" and inserting in
lieu thereof "and that any such period"; and
(B) by striking out ", and that no repayment of principal of
any loan for a period of study, training, service, or unemployment
described in this clause or any combination thereof shall begin
until six months after the completion of such period or
combination thereof".
(e)(1) Section 427(a)(2)(B) of the Act is amended by striking out
"not earlier than".
(2) Section 428(b)(1)(E) of the Act is amended by striking out "not
earlier than".
Sec. 538. (a) Section 439(a) of the Act // 20 USC 1087 - 2. 20 USC
1079. // is amended by striking out "insured" wherever it appears, and
by inserting after "student loans," the first time it appears the
following: "including loans which are insured".
(b) Section 439(a) of the Act is further amended by striking out
"and" at the end of clause (1), and by striking the period at the end of
clause (2) and inserting in lieu thereof the following: "; and (3) to
assure nationwide the establishment of adequate loan insurance programs
for students, to provide for an additional program of loan insurance to
be covered by agreements with the Secretary.".
(c) Section 439(d)(1) of the Act is amended to read as follows:
"(d)(1) The Association is authorized, subject to the provisions of
this section--,
"(A) pursuant to commitments or otherwise to make advances on
the security of, purchase, or repurchase, service, sell or resell,
offer participations, or pooled interests or otherwise deal in, at
prices and on terms and conditions determined by the Association,
student loans which are insured by the Secretary under this part
or by a State or nonprofit private institution or organization
with which the Secretary has an agreement under section 428(b);
"(B) to buy, sell, hold, underwrite, and otherwise deal in
obligations, if such obligations are issued, for the purpose of
making or purchasing insured loans, by a State or nonprofit
private institution or organization which has an agreement with
the Secretary under section 428(b) or by an eligible lender in a
State described in section 435(g)(1) (D) or (F);
"(C) to undertake a program of loan insurance pursuant to
agreements with the Secretary under sections 428 and 428(A), and
except with respect to loans under section 439(o), the Secretary
may enter into an agreement with the Association for such purpose
only if the Secretary determines that (i) eligible borrowers are
seeking and unable to obtain loans under this part, and (ii) no
State or nonprofit private institution or organization having an
agreement with the Secretary for a program of loan insurance under
this part is capable of or willing to provide a program of loan
insurance for such borrowers; and
"(D) to undertake any other activity which the Board of
Directors of the Association determines to be in furtherance of
the programs of insured student loans authorized under this part
or will otherwise support the credit needs of students.
The Association is further authorized to undertake any activity with
regard to student loans which are not insured or guaranteed as provided
for in this subsection as it may undertake with regard to insured or
guaranteed student loans. Any warehousing advance made on the security
of such loans shall be subject to the provisions of paragraph (3) of
this subsection to the same extent as a warehousing advance made on the
security of insured loans.".
(d) Section 439(1) of the Act // 20 USC 1087 - 2. // is amended by
adding at the end thereof the following: " The obligations of the
Association shall be deemed to be obligations of the United States for
purposes of section 3701 of the Revised Statutes (31 U.S.C. 742). For
the purpose of the distribution of its property pursuant to section 726
of title 11, United States Code, the Association shall be deemed a
person within the meaning of such title.".
Sec. 539 Section 464(c)(1)(D) of the Act // 20 USC 1087dd. // is
amended by striking out " October 1, 1980," and inserting in lieu
thereof " July 1, 1981, or 5 per centum in the case of any loan made on
or after October 1, 1981,".
Sec. 540. (a) Except as provided in subsection (b), // 20 USC 1078
// the amendments made by this subtitle take effect on October 1, 1981.
(b)(1) The amendments made by section 532 (other than subsection
(b)(4) shall apply to loans for which the statement required by section
428(a)(2)(A) of the Act // 20 USC 1078. // is completed by the eligible
institution on or after October 1, 1981.
(2) The amendments made by section 534(b) shall apply to loans made
on or after October 1, 1981.
(3) The amendments made by section 536 shall take effect as provided
therein.
(4) The amendments made by section 538 shall take effect 30 days
after the date of enactment of this Act.
Sec. 541. This subtitle may be cited as the " Consolidated Refugee
Education Assistance Act". // 8 USC 1522 //
Sec. 542. The following provisions are hereby repealed:
(1) Section 4 A of the Act of September 30, 1950 (Public Law 81
- 874).
// 20 USC 239a. //
(2) Titles I and Ii of the Indochina Refugee Children
Assistance Act of 1976.
// 20 USC 1211b //
(3) Section 317 of the Adult Education Act.
// 20 USC 1211b. //
ASSISTANCE ACT
OF 1980
Sec. 543. (a)(1) Section 101 of the Refugee Education Assistance Act
of 1980 // 8 USC 1522 // is amended--,
(A) by striking out paragraph (1) and by redesignating
paragraphs (2) and (3) as paragraphs (1) and (2), respectively;
(B) by inserting after paragraph (2) (as so redesignated) the
following new paragraph:
"(3) The term 'eligible participant' means any alien who--,
refugee
under section 207 of the Immigration and Nationality
Act;
// 8 USC 1157. //
refugee
by the Attorney Grneral pursuant to section 212(d)(5)
of such
Act;
// 8 USC 1182. //
but only during the 36-month beginning with the first month in
which the alien entered the United States (in the case of an alien
described in (A), (B), or (D)) or the month in which the alien
applied for asylum (in the case of an alien described in
subparagraph (C))."; and
(C) by striking out paragraph (4) and redesignating paragraph
(5) as paragraph (4).
(2) For purposes of the Refugee Education Assistance Act of 1980, //
8 USC 1522 // an alien who entered the United States on or after
November 1, 1979, and is in the United States with the immigration
status of a Cuban-Haitian entrant (status pending) shall be considered
to be an eligible participant (within the meaning of section 101(3) of
such Act), but only during the 36-month period beginning with the first
month in which the alien entered the United States as such an entrant or
otherwise first acquired such status.
(b) Section 103(b)(1)(A) of the Refugee Education Assistance Act of
1980 // 8 USC 1522 // is amended by striking out "aggregate of the
amounts to which all States are entitled" and inserting in lieu thereof
"amount authorized to be appropriated".
(c) Section 104 of the Refugee Education Assistance Act of 1980 // 8
USC 1522 // is amended by striking out "1 percent of the amounts which
that State educational agency is entitled to receive for that period
under this Act" and inserting in lieu thereof "2 percent of the amount
which that State educational agency receives for that period under this
Act".
(d) Title I of the Refugee Education Assistance Act of 1980 is
amended by adding at the end thereof the following new section:
" Sec. 106. To the extent that may be appropriate to facilitate the
determination of the amount of any reductions under sections 201(b)(2),
301(b)(3), and 401(b)(2), // 8 USC 1522 // the Secretary shall consult
with the heads of other agencies providing assistance to eligible
participants in order to secure information concerning the disbursement
of funds for educational purposes under programs administered by them
and provide, wherever feasible, for coordination among those programs
and the programs under titles II through IV of this Act.". // 8 USC 1522
//
ASSISTANCE ACT
OF 1980
Sec. 544. (a) Section 201 of the Refugee Education Assistance Act //
8 USC 1522 // is amended--,
(1) by amending the first sentence of subsection (a)(1) to read
as follows: " The Secretary shall, in accordance with the
provisions of this title, make grants to State educational
agencies for fiscal year 1981, and for each subsequent fiscal
year, for the purposes of assisting local educational agencies of
that State in providing basic education for eligible participants
enrolled in elementary or secondary public schools.";
(2) in the second sentence of subsection (a)(1), by striking
out " Cuban and Haitian refugee children" and inserting in lieu
thereof "eligible participants";
(3) by amending subsection (b)(1) to read as follows:
"(b)(1) As soon as possible after the date of the enactment of the
Consolidated Refugee Education Assistance Act, the Secretary shall
establish a formula (reflecting the availability of the full amount
authorized for this title under section 203(b)) by which to determine
the amount of the grant which each State educational agency is entitled
to receive under this title for any fiscal year. The formula
established by the Secretary shall take into account the number of years
that an eligible participant assisted under this title has resided
within the United States and the relative costs, by grade level, of
providing education for elementary and secondary school children. On the
basis of the formula the Secretary shall allocate among the State
educational agencies, for each fiscal year, the amounts available to
carry out this title, subject to such reductions or adjustments as may
be required under paragraph (2) or subsection (c). Funds shall be
allocated among State educational agencies pursuant to the formula
without regard to variations in educational costs among different
geographical areas.";
(4) by amending the first sentence of subsection (b)(2) to read
as follows: " The amount of the grant to which a State
educational agency is otherwise entitled for any fiscal year, as
determined under paragraph (1), shall be reduced by the amounts
made available for such fiscal year under any other Federal law
(other than section 303 of the Elementary and Secondary Education
Act of 1965)
// 20 USC 843. //
for expenditure within the State for the same purposes as those
for which funds are made available under this title, except that
the reduction shall be made only to the extent that (A) such
amounts are made available for such purposes specifically because
of the refugee, parolee, or asylee status of the individuals to be
served by such funds, and (B) such amounts are made available to
provide assistance to individuals eligible for services under this
title."; and
(5) in subsection (c), by striking out " Cuban and Haitian
refugee children" and inserting in lieu thereof "eligible
participants".
(b) Section 202(a) of the Refugee Education Assistance Act of 1980 //
8 USC 1522 // is amended--,
(1) by amending paragraph (2) to read as follows:
"(2) provide assurances that such payments will be distributed
among local educational agencies within that State in accordance
with the formula established by the Secretary under section 201,
// 8 USC 1522 //
subject to any reductions in payments for those local educational
agencies identified under paragraph (3) to which funds described
by section 201(b)(2) are made available for the same purposes
under other Federal laws;";
(2) by redesignating paragraphs (3) and (4) as paragraphs (4)
and (5), respectively; and
(3) by inserting after paragraph (2) the following:
"(3) specify the amount of funds described by section 201(b)(
2) which are made available under other Federal laws for
expenditure within the State for the same purposes as those for
which funds are made available under this title and the local
educational agencies to which such funds are made available;".
(c) Section 203 of the Refugee Education Assistance Act of 1980 // 8
USC 1522 // is amended--,
(1) by amending the section heading to read as follows:
(2) by inserting "(a)" after the section designation; and
(3) by adding at the end the following new subsection:
"(b) For fiscal year 1981 and for each subsequent fiscal year, there
is authorized to be appropriated, in the manner specified under section
102, // 8 USC 1522 // to make payments under this title an amount equal
to the product of--,
"(1) the total number of eligible participants enrolled in
elementary or secondary public schools under the jurisdiction of
local educational agencies within all the States (other than the
jurisdicttions to which section 103
// 8 USC 1522 //
is applicable) during the fiscal year for which the determination
is made,
multiplied by--,
"(2) $400.".
ASSISTANCE
ACT OF 1980
Sec. 545. (a) The heading of title III of the Refugee Education
Assistance Act of 1980 // 8 USC 1522 // is amended by striking out "
REFUGEE".
(b) Section 301 of the Refugee Education Assistance Act of 1980 // 8
USC 1522 // is amended--,
(1) in subsection (a), by striking out "for each of the fiscal
years 1981, 1982, and 1983" and inserting in lieu thereof "for
fiscal year 1981, and for each subsequent fiscal year,";
(2) by amending subsection (b)(1) to read as follows:
"(b)(1) Except as provided in paragraph (3) of this subsection and in
subsections (c) and (d) of this section, the amount of the grant to
which a State educational agency is entitled under this title for any
fiscal year shall be equal to the sum of--,
"(A) the amount equal to the product of (i) the number of
eligible participants enrolled during the period for which the
determination is made in elementary or secondary public schools
under the jurisdiction of each local educational agency described
under paragraph (2) within that State, or in any elementary or
secondary nonpublic school within the district served by each such
local educational agency, who have been eligible participants less
than one year, multiplied by (ii) $700;
"(B) the amount equal to the product of (i) the number of
eligible participants enrolled during the period for which the
determination is made in elementary or secondary public schools
under the jurisdiction of each local educational agency described
under paragraph (2) within that State, or in any elementary or
secondary nonpublic school within the district served by each such
local educational agency, who have been eligible participants at
least one year but not more than two years, multiplied by (ii)
$500; and
"(C) the product of (i) the number of eligible participants
enrolled during the period for which the determination is made in
elementary or secondary public schools under the jurisdiction of
each local educational agency described under paragraph (2) within
that State, or in any elementary or secondary nonpublic school
within the district served by each such local educational agency,
who have been eligible participants more than two years but not
more than three years, multiplied by (ii) $300.";
(3) in subsection (b)(2), by striking out " Cuban and Haitian
refugee children and Indochinese refugee children" and inserting
in lieu thereof "eligible participants";
(4) in the first sentence of subsection (b)(3), by striking out
" Cuban and Haitian refugee children and Indochinese refugee
children" and all that follows through the period and inserting in
lieu thereof "eligible participants, except that no reduction
under this paragraph shall be made for any funds made available to
the State under section 303 of the Elementary and Secondary
Education Act of 1965.";
// 20 USC 843. //
(5) in subsection (b)(5), by striking out " Cuban and Haitian
refugee children who meet the requirements of section 101(1)" and
inserting in lieu thereof "eligible participants who meet the
requirements of section 101(4)"; and
(6) in subsection (c), by striking out " Cuban and Haitian
refugee children and Indochinese refugee children" and inserting
in lieu thereof "eligible participants".
(b) Section 302 of the Refugee Education Assistance Act of 1980 // 8
USC 1522 // is amended by striking out " Cuban and Haitian refugee
children and Indochinese refugee children" each place it appears and
inserting in lieu thereof "eligible participants".
(c) Section 303(a) of the Refugee Education Assistance Act of 1980 //
8 USC 1522 // is amended--,
(1) in paragraph (3), by inserting before the semicolon ",
subject to any reductions in payments for local educational
agencies identified under paragraph (5) to take into account the
funds described by section 301(b)(3)
// 8 USC 1522 //
that are made available for educational, or education-related,
services or activities for eligible participants enrolled in
elementary or secondary public schools under the jurisdiction of
such agencies or elementary or secondary nonpublic schools within
the districts served by such agencies;";
(2) by redesignating paragraphs (5) and (6) as paragraphs (6)
and (7), respectively;
(3) by inserting after paragraph (4) the following:
"(5) specify (A) the amount of funds described by section 301(
b)(3) that are made available under other Federal laws to agencies
or other entities for educational, or education-related, services
or activities within the State because of a significant
concentration of eligible participants, and (B) the local
educational agencies within whose districts are eligible
participants provided services from such funds who are enrolled in
elementary or secondary schools under the jurisdiction of such
agencies, or in elementary or secondary nonpublic schools served
by such agencies;"; and
(4) in paragraph (7), as so redesignated, by striking out "
Cuban and Haitian refugee children and Indochinese refugee
children" and inserting in lieu thereof "eligible participants".
ASSISTANCE
ACT OF 1980
Sec. 546. (a) Title IV of the Refugee Education Assistance Act of
1980 // 8 USC 1522 // is amended by striking out " Cuban and Haitian
refugee adults" and " Haitian and Cuban refugee adults" each place such
terms appear and inserting in lieu thereof "eligible participants".
(b)(1) Section 401(a) of the Refugee Education Assistance Act of 1980
is amended by striking out "for each of the fiscal years 1982 and 1983"
and inserting in lieu thereof "for fiscal year 1982, and for each
subsequent fiscal year".
(2) The first sentence of section 401(b)(2) of the Refugee Education
Assistance Act of 1980 // 8 USC 1522 // is amended to read as follows:
" The amount of the grant to which a State educational agency is
otherwise entitled for any fiscal year, as determined under paragraph
(1), shall be reduced by the amounts made available for such fiscal year
under any other Federal law (other than section 303 of the Elementary
and Secondary Education Act of 1965) // 20 USC 843. // for expenditure
within the State for the same purposes as those for which funds are made
available under this title, except that the reduction shall be made only
to the extent that (A) such amounts are made available for such purposes
specifically because of the refugee, parolee, or asylee status of the
individuals to be served by such funds, and (B) such amounts are made
available to provide assistance to individuals eligible for services
under this title.".
(c) Section 403(a) of the Refugee Education Assistance Act of 1980 //
8 USC 1522 // is amended--,
(1) by redesignating paragraphs (2) and (3) as paragraphs (3)
and (4), respectively; and
(2) by inserting after paragraph (1) the following:
"(2) specify the amount of reduction required under section
401(b)(2);".
Sec. 547. This subtitle shall take effect on October 1, 1981.
Sec. 551. This subtitle may be cited as the " Education
Consolidation and Improvement Act of 1981". // 20 USC 3801 //
Sec. 552. // 20 USC 3801. // The Congress declares it to be the
policy of the United States to continue to provide financial assistance
to State and local educational agencies to meet the special needs of
educationally deprived children, on the basis of entitlements calculated
under title I of the Elementary and Secondary Education Act of 1965, //
20 USC 2701. // but to do so in a manner which will eliminate
burdensome, unnecessary, and unproductive paperwork and free the schools
of unnecessary Federal supervision, direction, and control. Further,
the Congress recognizes the special educational needs of children of
low-income families, and that concentrations of such children in local
educational agencies adversely affect their ability to provide
educational programs which will meet the needs of such children. The
Congress also finds that Federal assistance for this purpose will be
more effective if education officials, principals, teachers, and
supporting personnel are freed from overly prescriptive regulations and
administrative burdens which are not necessary for fiscal accountability
and make no contribution to the instructional program.
Sec. 553. // 20 USC 3802. // During the period beginning October 1,
1982, and ending September 30, 1987, the Secretary shall, in accordance
with the provisions of this subtitle, make payments to State educational
agencies for grants made on the basis of entitlements created under
title I of the Elementary and Secondary Education Act of 1965 and
calculated in accordance with provisions of that title in effect on
September 30, 1982.
Sec. 554. // 20 USC 3803. // (a) Program Eligibility.-Except as
otherwise provided in this subtitle, the Secretary shall make payments
based upon the amount of, and eligibility for, grants as determined
under the following provisions of title I of the Elementary and
Secondary Education Act in effect on September 30, 1982:
(1) Part A-" Programs Operated by Local Education Agencies":
// 20 USC 2711. //
// 20 USC 2721. //
(2) Part B-" Programs Operated by State Agencies":
// 20 USC 2761. //
// 20 USC 2771. //
// 20 USC 2781. //
and
// 20 USC 2791. //
(b) Administrative Provisions.-The Secretary, in making the payments
and determinations specified in subsection (a), shall continue to use
the following provisions of title I of the Elementary and Secondary
Education Act as in effect on September 30, 1982:
(1) Part E-" Payments":
// 20 USC 2841. //
Educational
Agencies";
// 20 USC 2842. //
// 20 USC 2843. //
and
// 20 USC 2844. //
(2) Part F-" General Provisions":
// 20 USC 2851. //
Rico";
// 20 USC 2853. //
and
// 20 USC 2854. //
except that only those definitions
applicable to this subtitle shall be used.
(c) Applicability Rule.-The provisions of title I of the Elementary
and Secondary Education Act of 1965 // 20 USC 2701. // which are not
specifically made applicable by this chapter shall not be applicable to
programs authorized under this chapter.
(d) Amendment.-Section 194(a)(1) of the Elementary and Secondary
Education Act of 1965 // 20 USC 2844. // is amended by striking out
"1.5 per centum" and inserting in lieu thereof "1 per centum".
Sec. 555. // 20 USC 3804. // (a) General.-Each State and local
educational agency shall use the payments under this chapter for
programs and projects (including the acquisition of equipment and, where
necessary, the construction of school facilities) which are designed to
meet the special educational needs of educationally deprived children.
(b) Program Design.-State agency programs shall be designed to serve
those categories of children counted for eligibility for grants under
section 554(a)(2) in accordance with the requirements of this chapter.
(c) Program Description.-A local education agency may use funds
received under this chapter only for programs and projects which are
designed to meet the special educational needs of educationally deprived
children identified in accordance with section 556(b)(2), and which are
included in an application for assistance approved by the State
educational agency. Such programs and projects may include the
acquisition of equipment and instructional materials, employment of
special instructional and counseling and guidance personnel, employment
and training of teacher aides, payments to teachers of amounts in excess
of regular salary schedules as a bonus for service in schools serving
project areas, the training of teachers, the construction, where
necessary, of school facilities, other expenditures authorized under
title I of the Elementary and Secondary Education Act as in effect
September 30, 1982, and planning for such programs and projects.
(d) Records and Information.-Each State educational agency shall keep
such records and provide such information to the Secretary as may be
required for fiscal audit and program evaluation (consistent with the
responsibilities of the Secretary under this chapter).
Sec. 556. // 20 USC 3805. // (a) Application by Local Educational
Agency.-A local educational agency may receive a grant under this
chapter for any fiscal year if it has on file with the State educational
agency an application which describes the programs and projects to be
conducted with such assistance for a period of not more than three
years, and such application has been approved by the State educational
agency.
(b) Application Assurances.-The application described in subsection
(a) shall be approved if it provides assurances satisfactory to the
State educational agency that the local educational agency will keep
such records and provide such information to the State educational
agency as may be required for fiscal audit and program evaluation
(consistent with the responsibilities of the State agency under this
chapter), and that the programs and projects described--,
(1)(A) are conducted in attendance areas of such agency having
the highest concentrations of low-income children;
(B) are located in all attendance areas of an agency which has
a uniformly high concentration of such children; or
(C) are designed to utilize part of the available funds for
services which promise to provide significant help for all such
children served by such agency;
(2) are based upon an annual assessment of educational needs
which identifies educationally deprived children in all eligible
attendance areas, permits selection of those children who have the
greatest need for special assistance, and determines the needs of
participating children with sufficient specificity to ensure
concentration on those needs;
(3) are of sufficient size, scope, and quality to give
reasonable promise of substantial progress toward meeting the
special educational needs of the children being served and are
designed and implemented in consultation with parents and teachers
of such children;
(4) will be evaluated in terms of their effectiveness in
achieving the goals set for them, and that such evaluations shall
include objective measurements of educational achievement in basic
skills and a determination of whether improved performance is
sustained over a period of more than one year; and
(5) make provision for services to educationally deprived
children attending private elementary and secondary schools in
accordance with section 557.
SCHOOLS
Sec. 557. // 20 USC 3806. // (a) General Requirements.-To the extent
consistent with the number of educationally deprived children in the
school district of the local educational agency who are enrolled in
private elementary and secondary schools, such agency shall make
provisions for including special educational services and arrangements
(such as dual enrollment, educational radio and television, and mobile
educational services and equipment) in which such children can
participate and which meet the requirements of sections 555(c), 556(b)
(2), (3), and (4), and 558(b). Expenditures for educational services
and arrangements pursuant to this section for educationally deprived
children in private schools shall be equal (taking into account the
number of children to be served and the special educational needs of
such children) to expenditures for children enrolled in the public
schools of the local educational agency.
(b) Bypass Provision.-(1) If a local educational agency is prohibited
by law from providing for the participation in special programs for
educationally deprived children enrolled in private elementary and
secondary schools as required by subsection (a), the Secretary shall
waive such requirements, and shall arrange for the provision of services
to such children through arrangements which shall be subject to the
requirements of subsection (a).
(2) If the Secretary determines that a local educational agency has
substantially failed to provide for the participation on an equitable
basis of educationally deprived children enrolled in private elementary
and secondary schools as required by subsection (a), he shall arrange
for the provision of services to such children through arrangements
which shall be subject to the requirements of subsection (a), upon which
determination the provisions of subsection (a) shall be waived.
(3)(A) When the Secretary arranges for services pursuant to this
subsection, he shall, after consultation with the appropriate public and
private school officials, pay to the provider the cost of such services,
including the administrative cost of arranging for such services, from
the appropriate allocation or allocations under this chapter.
(B) Pending final resolution of any investigation or complaint that
could result in a determination under this subsection, the Secretary may
withhold from the allocation of the affected State or local educational
agency the amount he estimates would be necessary to pay the cost of
such services.
(C) Any determination by the Secretary under this section shall
continue in effect until the Secretary determines that there will no
longer be any failure or inability on the part of the local educational
agency to meet the requirements of subsection (a).
(4)(A) The Secretary shall not take any final action under this
subsection until the State educational agency and local educational
agency affected by such action have had an opportunity, for at least
forty-five days after receiving written notice thereof, to submit
written objections and to appear before the Secretary or his designee to
show cause why such action should not be taken.
(B) If a State or local educational agency is dissatisfied with the
Secretary's final action after a proceeding under subparagraph (A) of
this paragraph, it may within sixty days after notice of such action,
file with the United States court of appeals for the circuit in which
such State is located a petition for review of that action. A copy of
the petition shall be forthwith transmitted by the clerk of the court to
the Secretary. The Secretary thereupon shall file in the court the
record of the proceedings on which he based his action, as provided in
section 2112 of title 28, United States Code.
(C) The findings of fact by the Secretary, if supported by
substantial evidence, shall be conclusive; but the court, for good
cause shown, may remand the case to the Secretary to take further
evidence, and the Secretary may thereupon make new or modified findings
of fact and may modify his previous action, and shall file in the court
the record of the further proceedings. Such new or modified findings of
fact shall likewise be conclusive if supported by substantial evidence.
(D) Upon the filing of a petition under subparagraph (B), the court
shall have jurisdiction to affirm the action of the Secretary or to set
it aside, in whole or in part. The judgment of the court shall be
subject to review by the Supreme Court of the United States upon
certiorari or certification as provided in section 1254 of title 28,
United States Code.
(c) Any bypass determination by the Secretary under title I of the
Elementary and Secondary Education Act of 1965 // 20 USC 2701. // prior
to the effective date of this chapter shall remain in effect to the
extent consistent with the purposes of this chapter.
Sec. 558. // 20 USC 3807. // (a) Maintenance of Effort.-(1) Except
as provided in paragraph (2), a local educational agency may receive
funds under this chapter for any fiscal year only if the State
educational agency finds that either the combined fiscal effort per
student or the aggregate expenditures of that agency and the State with
respect to the provision of free public education by that agency for the
preceding fiscal year was not less than 90 per centum of such combined
fiscal effort or aggregate expenditures for the second preceding fiscal
year.
(2) The State educational agency shall reduce the amount of the
allocation of funds under this chapter in any fiscal year in the exact
proportion to which a local educational agency fails to meet the
requirement of paragraph (1) by falling below 90 per centum of both the
combined fiscal effort per student and aggregate expenditures (using the
measure most favorable to such local agency), and no such lesser amount
shall be used for computing the effort required under paragraph (1) for
subsequent years.
(3) The State educational agency may waive, for one fiscal year only,
the requirements of this subsection if the State educational agency
determines that such a waiver would be equitable due to exceptional or
uncontrollable circumstances such as a natural disaster or a precipitous
and unforeseen decline in the financial resources of the local
educational agency.
(b) Federal Funds to Supplement, Not Supplant Regular Non-Federal
Funds.-A local educational agency may use funds received under this
chapter only so as to supplement and, to the extent practical, increase
the level of funds that would, in the absence of such Federal funds, be
made available from non-Federal sources for the education of pupils
participating in programs and projects assisted under this chapter, and
in no case may such funds be so used as to supplant such funds from such
non-Federal sources. In order to demonstrate compliance with this
subsection a local education agency shall not be required to provide
services under this chapter outside the regular classroom or school
program.
(c) Comparability of Services.-(1) A local educational agency may
receive funds under this chapter only if State and local funds will be
used in the district of such agency to provide services in project areas
which, taken as a whole, are at least comparable to services being
provided in areas in such district which are not receiving funds under
this chapter. Where all school attendance areas in the district of the
agency are designated as project areas, the agency may receive such
funds only if State and local funds are used to provide services which,
taken as a whole, are substantially comparable in each project area.
(2) A local educational agency shall be deemed to have met the
requirements of paragraph (1) if it has filed with the State educational
agency a written assurance that it has established--,
(A) a districtwide salary schedule;
(B) a policy to ensure equivalence among schools in teachers,
administrators, and auxiliary personnel; and
(C) a policy to ensure equivalence among schools in the
provision of curriculum materials and instructional supplies.
Unpredictable changes in student enrollment or personnel assignments
which occur after the beginning of a school year shall not be included
as a factor in determining comparability of services.
(d) Exclusion of Special State and Local Program Funds.-For the
purposes of determining compliance with the requirements of subsections
(b) and (c), a local educational agency may exclude State and local
funds expended for carrying out special programs to meet the educational
needs of educationally deprived children, if such programs are
consistent with the purposes of this chapter.
(e) Allocation of Funds in Certain States.-In any State in which a
large number of local educational agencies overlap county boundaries,
the State educational agency is authorized to make allocations of basic
grants and special incentive grants directly to local educational
agencies without regard to counties, if such allocations were made
during fiscal year 1982, except that (1) precisely the same factors are
used to determine the amount of such grants to counties, and (2) a local
educational agency dissatisfied with such determination is afforded an
opportunity for a hearing on the matter by the State educational agency.
Sec. 561. // 20 USC 3811. // (a) It is the purpose of this chapter
to consolidate the program authorizations contained in--,
(1) titles II, III, IV, V, VI, VIII, and IX (except part C) of
the Elementary and Secondary Education Act of 1965;
// 20 USC 2881, 2941, 3081, 3141, 3191, 3281, 3311, 3341. //
(2) the Alcohol and Drug Abuse Education Act;
// 21 USC 1001 //
(3) part A and section 532 of title V of the Higher Education
Act of 1965;
// 20 USC 1101, 1119a. //
(4) the Follow Through Act (on a phased basis);
(5) section 3(a)(1) of the National Science Foundation Act of
1950
// 42 USC 1862. //
relating to precollege science teacher training; and
(6) the Career Education Incentive Act;
// 20 USC 2601 // into a single authorization of grants to States for
the same purposes set forth in the provisions of law specified in this
sentence, but to be used in accordance with the educational needs and
priorities of State and local educational agencies as determined by such
agencies. It is the further purpose and intent of Congress to
financially assist State and local educational agencies to improve
elementary and secondary education (including preschool education) for
children attending both public and private schools, and to do so in a
manner designed to greatly reduce the enormous administrative and
paperwork burden imposed on schools at the expense of their ability to
educate children.
(b) The basic responsibility for the administration of funds made
available under this chapter is in the State educational agencies, but
it is the intent of Congress that this responsibility be carried out
with a minimum of paperwork and that the responsibility for the design
and implementation of programs assisted under the chapter shall be
mainly that of local educational agencies, school superintendents and
principals, and classroom teachers and supporting personnel, because
they have the most direct contact with students and are most directly
responsible to parents.
ASSISTANCE
Sec. 562. // 20 USC 3812. // (a) There are authorized to be
appropriated such sums as may be necessary for fiscal year 1982 and each
of the five succeeding fiscal years to carry out the provisions of this
chapter.
(b) During the period beginning July 1, 1982, and ending September
30, 1987, the Secretary shall, in accordance with the provisions of this
subtitle, make payments to State educational agencies for the purposes
of this chapter.
(c) Funds available under previously authorized programs shall be
available for the purpose of such payments in accordance with section
514(b)(2) of the Omnibus Education Reconciliation Act of 1981.
Sec. 563. // 20 USC 3813. // (a) From the sums appropriated to carry
out this chapter in any fiscal year, the Secretary shall reserve not to
exceed 1 per centum for payments to Guam, American Samoa, the Virgin
Islands, the Trust Territory of the Pacific Islands, and the Northern
Mariana Islands, to be allotted in accordance with their respective
needs. The Secretary shall reserve an additional amount, not to exceed 6
per centum of the sums appropriated, to carry out the purposes of
section 583. From the remainder of such sums the Secretary shall allot
to each State an amount which bears the same ratio to the amount of such
remainder as the school-age population of the State bears to the
school-age population of all States, except that no State shall receive
less than an amount equal to 0.5 per centum of such remainder.
(b) For the purposes of this section:
(1) The term "school-age population" means the population aged
five through seventeen.
(2) The term " States" includes the fifty States, the District
of Columbia, and Puerto Rico.
Sec. 564. // 20 USC 3814. // (a) Any State which desires to receive
grants under this chapter shall file an application with the Secretary
which--,
(1) designates the State educational agency as the State agency
responsible for the administration and supervision of programs
assisted under this chapter;
(2) provides for a process of active and continuing
consultation with the State educational agency of an advisory
committee, appointed by the Governor and determined by the
Governor to be broadly representative of the educational interests
and the general public in the State, including persons
representative of--,
schoolchildren;