PUBLIC LAW 96-363, 94 STAT, 1207
lands of such Indian to his or her
heirs orlineal descendants, and other Indian persons.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress ssembled, That the first proviso of
section 4 of the Act of June 18, 1934 (48 Stat. 984, 985; 25 U.S.C.
464), is amended by striking the phrase "or any heirs of such members"
and inserting in lieu thereof, the phrase "or any heirs or lineal
descendants of such member or any other Indian person for whom the
Secretary of the Interior determines that the United States may hold
land in trust".
Sec. 2. (a) The second and third proviso contained in the paragraph
entitled " Determining Heirs" in the Act of January 24, 1923 (42 Stat.
1185; 25 U.S.C. 377), as amended, and section 2 of the Act of December
24, 1942 (56 Stat. 1080, 1081; 25 U.S.C. 375b), are hereby repealed.
(b) The Secretary of the Interior may cancel any unpaid fees assessed
under the provisions repealed by this section. // 25 USC 377 //
Approved September 26, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 1285 (Comm. on Interior and Insular Affairs).
SENATE REPORT No. 96 - 760 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD, Vol. 126 (1980):
May 22, considered and passed Senate.
Sept. 15, considered and passed House, amended.
Sept. 16, Senate concurred in House amendment.
PUBLIC LAW 96-362, 94 STAT, 1198, NATIONAL AQUACULTURE Act OF 1980
United States, 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 // 16 USC
2801 // may be cited as the " National Aquaculture Act of 1980".
Sec. 2. . // 16 USC 2801. // (a) Findings.--Congress finds the
following:
(1) The harvest of certain species of fish and shellfish
exceeds levels of optimum sustainable yield, thereby making it
more difficult to meet the increasing demand for aquatic food.
(2) To satisfy the domestic market for aquatic food, the United
States imports more than 50 per centum o its fish and shellfish,
but this dependence on imports adversely affects the national
balance of payments and contributes to the uncertainty of
supplies.
(3) Although aquaculture currently contributes approximately 10
percentum of world seafood production, less than 3 per centum of
current United States seafood production results from aquaculture.
Domestic aquacultural production, therefore, has the potential
for significant growth.
(4) Aquacultural production of aquatic plants can provide
sources of food, industrial materials, pharmaceuticals, and
energy, and can assist in the control and abatement of pollution.
(5) The rehabilitation and enhancement of fish and shellfish
resources are desirable applications of aquacultural technology.
(6) The principal responsibility for the development of
aquaculture in the United States must rest with the private
sector.
(7) Despite its potential, the development of aquaculture in
the United States has been inhibited by many economic, legal, and
production factors, such as inadequate credit, diffused legal
jurisdiction, the lack of management information, and the lack of
reliable supplies of seed stock.
(8) many areas of the United States are suitable for
aquaculture, but are subject to land-use or water-use management
policies that do not adequately consider the potential for
aquaculture and may inhibit the development of aquaculture.
(b) Purpose.--It is the purpose of this Act to promote aquaculture in
the United States by--,
(1) declaring a national aquaculture policy;
(2) establishing and implementing a national aquaculture
development plan; and
(3) encouraging aquaculture activities and programs in both the
public and private sectors of the economy;
that will result in increased aquacultural production, the coordination
of domestic aquaculture efforts, the conservation and enhancement of
aquatic resources, the creation of new industries and job opportunities,
and other national benefits.
(c) Policy.--Congress declares that aquaculture has the potential for
augmenting existing commercial and recreational fisheries and for
producing other renewable resources, thereby assisting the United States
in meeting its future food needs and contributing to the solution of
world resource problems. It is, therefore, in the national interest,
and it is the national policy, to encourage the development of
aquaculture in the United States.
Sec. 3. // 16 USC 2802. // As used in this Act, unless the context
otherwise requires--,
(1) The term "aquaculture" means the propagation and rearing of
aquatic species in controlled or selected environments, including,
but not limited to, ocean ranching (except private ocean ranching
of Pacific salmon for profit in those States where such ranching
is prohibited by law).
(2) The term "aquaculture facility" means any land, structure,
or other appurtenance that is used for aquaculture and is located
in any State. Such term includes, but is not limited to, any
laboratory, hatchery, rearing pond, raceway, pen, incubator, or
other equipment used in aquaculture.
(3) The term "aquatic species" means any species of finfish,
mollusk, crustacean, or other aquatic invertebrate, amphibian,
reptile, or aquatic plant.
(4) The term "coordinating group" means the interagency
aquaculture coordinating group established by section 6.
(5) The term "person" means any individual who is a citizen or
national of the United States or of any State, any Indian tribe,
any institution of higher education, and any corporation,
partnership, association or other entity (including, but not
limited to, any community development corporation, producer
cooperative, or fishermen's cooperative) organized or existing
under the laws of any State.
(6) The term " Plan" means the National Aquaculture Development
Plan required to be established under section 4.
(7) The term " Secretaries" means the Secretary of Agriculture,
the Secretary of Commerce, and the Secretary of the Interior.
(8) The term " State" means any of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, American
Samoa, the Virgin Islands of the United States, Guam, the
Commonwealth of the Northern Mariana Islands, and the Trust
Territory of the Pacific Islands, or any other territory or
possession of the United States.
Sec. 4. // 16 USC 2803. // (a) In General.--(1) Within eighteen
months after the date of the enactment of this Act, the Secretaries
shall establish the National Aquaculture Development Plan.
(2) In developing the Plan, and revisions thereto under subsection
(d), beginning not later than six months after the date of enactment of
this Act, the Secretaries shall consult with other appropriate Federal
officers, State, regional fishery management councils established under
section 302 of the Fishery Conservation and Management Act of 1976 (16
U.S.C. 1852), and representatives of the aquaculture industry. In
addition, the Secretaries shall give interested persons and
organizations an opportunity to comment during the development of the
Plan.
(3) If the Secretaries deem it to be appropriate, they may establish,
and appoint the members of, an advisory committee to assist in the
initial development of the Plan. Individuals appointed to the advisory
committee shall be knowledgeable or experienced in the principles and
practices of aquaculture. The members of the advisory committee (other
than officers or employees of the Federal Government), while away from
their homes or regular places of business in the performance of services
for the advisory commttee, shall be allowed travel expenses, including
per diem in lieu of subsistence, in the same manner as persons employed
intermittently in the Government service are allowed expenses under
section 5703 of title 5 of the United States Code.
(b) Contents of Plan.--The Plan shall--,
(1) identify aquatic species that the Secretaries determine
have significant potential for culturing on a commercial or other
basis;
(2) recommend actions to be taken by the public and private
sectors (which may include, but are not limited to, research and
development, technical assistance, demonstration, extension
education, and training activities) that are necessary to achieve
such potential;
(3) address, after taking into account the status of
aquaculture regarding the aquatic species concerned--,
disease
control (including research regarding organisms that
may not be harmful to fish and shellfish, but are
injurious to
humans),
(4) include, where appropriate, research programs on the effect
of aquaculture on estuarine and other water areas and on the
management of such areas for aquaculture;
(5) include, where appropriate, programs to analyze, and
formulate proposed resolutions of, the legal or regulatory
constraints that may affect aquaculture; and
(6) include such other research and development, technical
assistance, demonstration, extension education, and training
programs as the Secretaries deem necessary or appropriate to carry
out this Act.
In formulating the Plan, the Secretaries shall, to the extent
practicable, take into account any significant action that (i) has been,
or is proposed to be, undertaken by any other Federal department or
agency, any State agency, or any person, and (ii) may affect the
implementation of the Plan.
(c) Actions and Implementation.--The Plan shall specify--,
(1) with respect to those actions that the Secretaries
determine should be undertaken, the period of time within which
each such action should be completed, in order to implement the
Plan; and
(2) with respect to each such action which of the Secretaries,
acting individually, jointly, or collectively, has the
responsibility for implementing the action.
The specifications of Secretarial responsibilities under paragraph (2)
for implementing actions shall be determined on the basis of--,
(A) the responsibilities conferred on the respective
Secretaries by law or by any executive action having the effect of
law (including, but not limited to, Reorganization Plan Numbered 4
of 1970);
// 15 USC 1511 //
and
(B) the experience, expertise, and other appropriate resources
that the department of each such Secretary may have with respect
to the action required under the activity concerned.
(d) Revision of Plan.--The Secretaries shall undertake periodic
reviews of the operation and effectiveness of the Plan. If as a result
of any such review, or the aquaculture assessment required under
subsection (e), the Secretaries determine that--,
(1) any aquatic species not currently identified in the Plan
has significant potential for aquaculture;
(2) any action specified in the Plan is not being accomplished
on a successful and timely basis; or
(3) any action specified in the Plan should be terminated
because its objectives have been achieved or its projected
benefits do not warrant further support;
the Secretaries shall appropriately amend the Plan.
(e) Continuing Aquaculture Assessment.--The Secretaries, through the
coordinating group, shall undertake a continuing assessment of
aquaculture in the United States for the purpose of maintaining, on a
continuing basis--,
(1) a complete profile of the aquacultural industry with
respect to the incidence, size, and status of commercial
aquacultural enterprises;
(2) the identification of the private and public institutions
and organizations involved in aquacultural research, extension,
credit, and market development;
(3) the identification of the various aquatic species being
cultured and a description of the status of commercial development
of each of those species;
(4) to the extent practicable, the identification of
aquacultural production regions, species, and markets that have
significant potential for development;
(5) a catalog describing all Federal programs and activities
that directly or indirectly encourage, support, or assist
aquaculture; and
(6) the identification of the economic, physical, legal,
institutional, and social constraints that inhibit the development
of aquaculture in the United States.
Sec. 5. // 16 USC 2804. // (a) Mandatory Functions.--In implementing
the Plan, the Secretaries shall--,
(1) provide advisory, educational, and technical assistance
(including training) with respect to aquaculture to interested
persons, and in providing such assistance, shall, to the maximum
extent practicable, avoid duplication of similar assistance
provided by other Federal departments and agencies and by State
agencies;
(2) consult and cooperate with interested persons, Federal
departments and agencies, State agencies, and regional fishery
management councils established under section 302 of the Fishery
Conservation and Management Act of 1976 (16 U.S.C. 1852);
(3) encourage the implementation of aquacultural technology in
the rehabilitation and enhancement of publicly owned fish and
shellfish stocks (including rehabilitation and enhancement by
private nonprofit enterprises), and in the development of private
commercial aquacultural enterprises; and
(4) prescribe such regulations as may be necessary to carry out
the Plan.
(b) Discretionary Functions.--In implementing the Plan, the
Secretaries may--,
(1) for the purpose of assessing the biological, technical, and
economic feasibility of any aquacultural system--,
maintain
developmental aquaculture facilities for testing
laboratory
results, and
(2) develop methods to enhance seed stocks of aquatic species;
and
(3) conduct such other tests or analyses or take such other
actions as the Secretaries deem necessary or appropriate.
(c) information Services.--(1) In addition to performing such other
required functions under this Act, the Secretaries shall--,
(A) establish and maintain an information service for the
collection, analysis, and dissemination of scientific, technical,
legal, and economic information relating to aquaculture;
(B) conduct appropriate surveys, in coordination with other
Federal departments and agencies, of public and private
aquacultural activities being conducted in the United States for
the purpose of acquiring information on acreages, water use,
production, culture techniques, and other relevant matters;
(C) arrange with foreign nations for the exchange of
information relating to aquaculture and support a translation
service;
(D) conduct a continuing study to determine whether existing
capture fisheries could be adversely affected by competition from
products produced by commercial aquacultural enterprises and
include in such study--,
(E) report to Congress on the findings of the study conducted
under subparagraph (D) in the biennial status report required
under subsection (d).
(2) Any production information submitted to the Secretaries under
paragraph (1)(B) shall be confidential and may only be disclosed if
required under court order. The Secretaries shall prescribe such
procedures as may be necessary to preserve such confidentiality. The
Secretaries may release or make public any information in any aggregate
or summary form that does not directly or indirectly disclose the
identity, business transactions, or trade secrets of any person who
submits such information.
(d) Biennial Report.--The Secretaries, through the coordinating
group, shall prepare on a biennial basis, and submit to Congress, a
report on the status of aquaculture in the United States. Each such
report shall contain a description and evaluation of the actions
undertaken with respect to the Plan during the reporting period, an
explanation of any revisions made to the Plan under section 4(d) during
the reporting period, and such other comments and recommendations as the
Secretaries deem appropriate. The first report required under this
subsection shall be submitted to Congress by September 30, 1981.
AQUACULTURE
Sec. 6. // 16 USC 2805. // (a) Establishment.--There is established
within the Office of Science and Technology Policy an interagency
aquaculture coordinating group that shall, subject to subsection (f),
operate as a Joint Subcommittee on Aquaculture of the Federal
Coordinating Council on Science, Engineering, and Technology
(hereinafter in this section referred to as the " Federal Council")
established by Executive Order 12039, dated February 24, 1978. // 42 USC
6601 // The coordinating group shall be composed of the following
members or their designees:
(1) The Secretary of Agriculture.
(2) The Secretary of Commerce.
(3) The Secretary of the Interior.
(4) The Secretary of Energy.
(5) The Secretary of Health and Human Services.
(6) The Administrator of the Environmental Protection Agency.
(7) The Chief of Engineers.
(8) The Administrator of the Small Business Administration.
(9) The Administrator of the Agency for International
Development.
(10) The Chairman of the Tennessee Valley Authority.
(11) The Director of the National Science Foundation.
(12) The Governor of the Farm Credit Administration.
(13) The heads of such other Federal agencies as are deemed
appropriate by the Director of the Office of Science and
Technology Policy (hereinafter in this section referred to as the
" Director"), after consultation with the coordinating group.
(b) Purpose and Functions.--The purpose of the coordinating group is
to increase the overall effectiveness and productivity of Federal
aquaculture research, transfer, and assistance programs. In fulfilling
this purpose the coordinating group shall--,
(1) review the national needs for aquaculture research,
transfer, and assistance;
(2) assess the effectiveness and adequacy of Federal efforts to
meet those national needs;
(3) undertake planning, cordination, and communication among
Federal agencies engaged in the science, engineering, and
technology of aquaculture;
(4) collect, compile, and disseminate information on
aquaculture;
(5) encourage joint programs among Federal agencies in areas of
mutual interest; and
(6) recommend to the Federal Council specific actions on
issues, problems, plans, and programs in aquaculture.
(c) Chairman.--Each of the Secretaries or their designees, on such
rotating basis as shall be determined by the Director, shall serve as
the chairman of the coordinating group. The term of office of the
chairman is two years.
(d) Reports.--The coordinating group shall regularly report to the
Chairman of the Federal Council on the coordinating group's activities
and on recommendations concerning Federal policies and programs related
to aquaculture.
(e) Federal Consistency.--Each Federal department and agency that has
functions or responsibilities with respect to aquaculture or has
jurisdiction over any activity that affects, or that may affect, the
achievement of the purpose and policy of this Act, shall, consultation
with the coordinating group and to the maximum extent practicable,
perform such function, responsibility, or activity in a manner that is
consistent with the purpose and policy of this Act.
(f) Functions If Federal Council Terminated.--If at any time after
the date of the enactment of this Act, the functions of the Federal
Council are by executive action terminated or transferred to an agency
other than the Office of Science and Technology Policy, the coordinating
group shall carry out its purpose under the direction of the Director.
In that event, the recommendations of the coordinating group referred to
in subsection (b)(6) and the reports required under subsection (d) shall
be made to the Director.
Sec. 7. // 16 USC 2806. // (a) In General.--The Secretaries may each
carry out any action that such Secretary is responsible for implementing
under the Plan through grants to, or contracts with, any person, any
other Federal department or agency, any State agency, or any regional
commission.
(b) Terms and Conditions.--Any contract entered into, or any grant
made, under subsection (a) shall contain such terms and conditions as
the Secretary concerned shall by regulation prescribe as being necessary
or appropriate to protect the interests of the United States. No
contract may be entered into, and no grant may be made under subsection
(a), for any purpose that is in violation of any applicable State or
local law.
(c) Limitation.--The amount of any grant made under subsection (a)
may not exceed an amount equal to one-half the estimated cost of the
project for which the grant is made.
(d) Audit.--Each recipient of a grant or contract under this section
shall make available to the Secretary concerned and to the Comptroller
General of the United States, for purposes of audit and examination, any
book, document, paper, or record that is pertinent to the funds received
under such grant or contract.
Sec. 8. // 16 USC 2807. // (a) Capital Requirements Study.--The
Secretaries, through the coordinating group, shall conduct within twelve
months after the date of enactment of this Act, a study of the capital
requirements of the United States aquaculture industry. The study
shall--,
(1) document and analyze any capital constraints that affect
the development of aquaculture in the United States; and
(2) evaluate the role that appropriate Federal financial
assistance does or could play in filling gaps in the normal credit
market with respect to aquaculture.
The study will identify the capital needs of the United States
aquaculture industry, with emphasis on the needs that are not being
filled either in normal credit channels or through government programs
for direct loans, loan guarantees, disaster loans, and insurance. Upon
its completion, the Secretaries shall submit the results of the study to
Congress.
(b) Capital Requirements Plan.--Based on the result of the Capital
Requirements Study conducted under subsection (a), and within six months
of the completion of the study, the Secretaries shall formulate a plan
for acting on the study's findings. The plan shall include: (1) those
Federal actions, if any, found to be necessary to meet financial needs
unmet through normal credit channels and existing Federal programs; and
(2) recommendations, if any, for legislative actions. Upon completion,
the plan shall be submtted to Congress.
Sec. 9. // 16 USC 2808. // (a) Regulatory Constraints Study.--The
Secretaries, through the coordinating group, shall conduct, within
twelve months after the date of enactment of this Act, a study of the
State and Federal regulatory restrictions to aquaculture development in
the United States. The study shall--,
(1) include a literature review and a descriptive list
identifying the parameters of the issue;
(2) identify and list relevant current and pending Federal
regulations restricting the development of commercial aquaculture
operations;
(3) identify and list relevant current State regulations
restricting the development of commercial aquaculture operations
in five States selected randomly in five separate geographic
regions of the United States;
(4) conduct case studies of ten commercial aquaculture
operations in the United States representing a wide range of arine
and fresh water species to determine the practical effects of
regulatory restrictions on aquaculture; and
(5) develop a flow-chart time line using the information
obtained by means of paragraphs (1) through (4) to identify those
regulations and restrictions that could have the most detrimental
effect in establishing commercial aquaculture operations in the
United States.
Upon completion of the study, the Secretaries shall submit its results
to Congress.
(b) Regulatory Constraints Plan.--Based on the result of the
Regulatory Constraints Study conducted under subsection (a), and within
six months of the study's completion, the Secretaries shall formulate a
plan for acting on the study's findings. The plan will contain specific
steps the Federal Government can take to remove unnecessarily burdensome
regulatory barriers to the initiation and operation of commercial
aquaculture ventures. Upon its completion, the Secretaries shall submit
the plan to Congress.
Sec. 10. // 16 USC 2809. // For purposes of carrying out the
provisions of this Act, there are authorized to be appropriated--,
(1) to the Department of Agriculture--,
(2) to the Department of Commerce--,
(3) to the Department of the Interior--,
Funds authorized by this section shall be in addition to, and not in
lieu of, funds authorized by any other Act.
Sec. 11. // 16 USC 2810. // Nothing in this Act shall be construed
to amend, repeal, or otherwise modify the authority of any Federal
officer, department, or agency to perform any function, responsibility,
or activity authorized under any other provision of law.
Approved September 26, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 96 - 198, Pt. 1 (Comm. on Merchant Marine and
Fisheries) and No. 96 - 198, Pt. 2, (Comm. on Agriculture) both
accompanying H.R. 20.
SENATE REPORT No. 96 - 660 (Comm. on Commerce, Science, and
Transportation) and (Comm. on Agriculture, Nutrition and Forestry).
CONGRESSIONAL RECORD, Vol. 126 (1980):
Apr. 30, considered and passed Senate.
Sept. 8, H.R. 20 considered and passed House; passage vacated
and S. 1650, amended, passed in lieu.
Sept. 11, Senate concurred in House amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol.16, No. 39:
Sept. 26, Presidential statement.
PUBLIC LAW 96-361, 94 STAT, 1197
in Morgantown, West
Virginia, as the "harley O. Staggers Federal
Building".
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the building at 75
High Street, Morgantown, West Virginia (commonly known as the Federal
Building), shall hereafter be known, called, and designated as the "
Harley O. Staggers Federal Building". Any reference in any law, map,
regulation, document, record, or other paper of the United States to
such building shall be deemed to be a reference to the " Harley O.
Staggers Federal Building".
Sec. 2. The authorization contained in section 1 of this Act shall
become effective on January 15, 1981.
Approved September 26, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 901 (Comm. on Public Works and Transportation).
CONGRESSIONAL RECORD, Vol. 126 (1980):
May 5, considered and passed House.
Sept. 9, considered and passed Senate, amended.
Sept. 16, House concurred in Senate amendment.
PUBLIC LAW 96-360, 94 STAT, 1196
Vegas Valley Water District
under the Act of August 27, 1954.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That effective on the
date of enactment of this Act, the Act of August 27, 1954, entitled " An
Act granting to the Las Vegas Valley Water District, a public
corporation organized under the laws of the State of Nevada, certain
public lands of the United States in the State of Nevada" (68 Stat.864)
is hereby repealed.
Sec. 2. Nothing in this Act shall in any manner affect any grant
made under the authority of the Act of August 27, 1954, prior to the
effective date of this Act.
Approved September 26, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 1065 (Comm. on Interior and Insular Affairs).
CONGRESSIONAL RECORD, Vol. 126 (1980):
June 16, considered and passed House.
Sept 16, considered and passed Senate.
PUBLIC LAW 96-359, 94 STAT, 1190, INFANT FORMULA ACT OF 1980
strengthen the authority
under that Act to assure the safety and nutrition of
infant formulas, 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 // 21 USC
301 // may be cited as the " Infant Formula Act of 1980".
Sec. 2. Chapter IV of the Federal Food, Drug, and Cosmetic Act is
amended by adding after section 411 the following new section:
" Sec. 412. // 21 USC 350a // (a)(1) An finfant formula shall be
deemed to be adulterated if--,
"(A) such infant formula does not provide nutrients as required
by subsection (g);
"(B) such infant formula does not meet the quality factor
requirements prescribed by the Secretary under this section; or
"(C) the processing of such infant formula is not in compliance
with the quality control requirements prescribed by the Secretary
under this section.
"(2) The Secretary may be regulation--,
"(A) revise the list of nutrients in the table in subsection
(g);
"(B) revise the required level for any nutrient required by
subsection (g);
"(C) establish requirements for qualtiy factors for such
nutrients; and
"(D) establish such quality control procedures as the Secretary
determines necessary to assure that an infant formula provides
nutrients in accordance with this section and establish
requirements respecting the retention of records of procedures
required under this clause (including maintaining necessary
nutrient testing records).
Quality control procedures prescribed by the Secretary shall include the
periodic testing of infant formulas to determine whether they are in
compliance with this section.
"(b)(1) On the 90th day after the date of the enactment of this
section, and on each 90th day thereafter, a manufacturer of infant
formula shall notify the Secretary that each infant formula manufactured
by such manufacturer provides the nutrients required under subsection
(g). Such notification requirement shall expire upon the effective date
of regulations relating to quality control procedures prescribed by the
Secretary under subsection(a)(2)(D).
"(2) Not later than the 90th day before the first processing of any
infant formula for commercial or charitable distribution for human
consumption, the manufacturer shall notify the Secretary whether--,
"(A) such infant formula provides nutrients in accordance with
subsection (g) and meets the quality factor requirements
prescribed by the Secretary; and
"(B) the processing of such infant formula meets the quality
control procedure requirements prescribed by the Secretary.
"(3) Before the first processing of any infant formula for commercial
or charitable distribution for human consumption--,
"(A) after a change in its formulation, or
"(B) after a change in its processing,
which the manufacturer reasonably determines may affect whether the
formula is adulterated as determined under subsection (a)(1), the
manufacturer shall notify the Secretary of such changes and that the
formula provides nutrients in accordance with subsection (g) and meets
the quality factor requirements prescribed by the Secretary and that the
processing of such infant formula is in compliance with the quality
control procedures prescribed by the Secretary.
"(c)(1) If the manufacturer of an infant formula has knowledge which
reasonably supports the conclusion that an infant formula which has been
processed by the manufacturer and which has left an establishment
subject to the control of the manufacturer--,
"(A) may not provide the nutrients required by subsection (g);
or
"(B)(i) may be otherwise adulterated or misbranded, and
"(ii) if so adulterated or misbranded presents a risk to human
health,
the manufacturer shall promptly notify the Secretary of such
noncompliance or risk to health.
"(2) For purposes of paragraph (1), the term 'knowledge' as applied
to a manufacturer means (A) the actual knowledge that the manufacturer
had, or (B) the knowledge which a reasonable person would have had under
like circumstances or which would have been obtained upon the exercise
of due care.
"(d)(1) If a recall of an infant formula is begun by a manufacturer,
the recall shall be carried out in accordance with such requirements as
the Secretary may prescribe under paragraph (2), and--,
"(A) the Secretary shall, not later than the 15th day after the
beginning of such recall and at least once every 15 days
thereafter until the recall is terminated, review the actions
taken under the recall to determine whether the recall meets the
requirements prescribed under paragraph (2); and
"(B) the manufacturer shall, not later than the 14th day after
the beginning of such recall and at least once every 14 days
thereafter until the recall is terminated, report to the Secretary
the action taken to implement the recall.
"(2) The Secretary shall by regulation prescribe the scope and extent
of recalls of infant formulas necessary and appropriate for the degree
of risk to human health presented by the formula subject to the recall.
"(e)(1) Each manufacturer of an infant formula shall make and retain
such records respecting the distribution of the infant formula through
any establishment owned or operated by such manufacturer as may be
necessary to effect and monitor recalls of the formula. No manufacturer
shall be required under this subsection to retain any record respecting
the distribution of an infant formula for a period of longer than 2
years from the date the record was made.
"(2) To the extent that the Secretary determines that records are not
being made or maintained in accordance with paragraph (1), the Secretary
may by regulation prescribe the records required to be made under
paragraph (1) and requirements respecting the retention of such records
under such paragraph. Such regulations shall take effect on such date
as the Secretary prescribes but not sooner than the 180th day after the
date such regulations are promulgated. Such regulations shall apply
only with respect to distributions of infant formulas made after such
effective date.
"(f)(1) Any infant formula which is represented and labeled for use
by an infant--,
"(A) who has an inborn error of metabolism or a low birth
weight, or
"(B) who otherwise has an unusual medical or dietary problem,
is exempt from the requirements of subsections (a) and (b). The
manufacturer of an infant formula exempt under this paragraph shall, in
the case of the exempt formula, be required to provide the notice
required by subsection (c)(1) only with respect to adulteration or
misbranding described in subsection (c)(1)(B), and to comply with the
regulations prescribed by the Secretary under paragraph (2).
"(2) The Secretary may by regulation establish terms and conditions
for the exemption of an infant formula from the requirements of
subsections (a) and (b). An exemption of an infant formula under
paragraph (1) may be withdrawn by the Secretary if such formula is not
in compliance with applicable terms and conditions prescribed under this
paragraph.
"(g) An infant formula shall contain nutrients in accordance with the
table set out in this subsection or, if revised by the Secretary under
subsection (a)(2), as so revised:
TABLE OF NUTRIENTS OMITTED.
Sec. 3. Section 201 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 321) is amended by adding at the end the following:
"(aa) The term 'infant formula' means a food which purports to be or
is represented for special dietary use solely as a food for infants by
reason of its simulation of human milk or its suitability as a complete
or partial substitute for human milk.".
Sec. 4. Section 704(a) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 374(a)) is amended--,
(1) in the first sentence, by inserting "(1)" before " For
purposes" and by redesignating clauses (1) and (2) as clauses (A)
and (B), respectively;
(2) in the third sentence, by inserting "or by paragraph (3)"
after "preceding sentence";
(3) in the sixth sentence, (A) by striking out " The provisions
of the second sentence of this subsection" and inserting in lieu
thereof the following:
"(2) The provisions of the second sentence of paragraph (1)", and (B)
by redesignating paragraph (1) through (4) as subparagraphs (A) through
(D), respectively; and
(4) by adding at the end the following:
"(3) An officer or employee making an inspection under paragraph (1)
for purposes of enforcing the requirements of section 412 applicable to
infant formulas shall be permitted, at all reasonable times, to have
access to and to copy and verify any records--,
"(A) bearing on whether the infant formula manufactured or held
in the facility inspected meets the requirements of section 412,
or
"(B) required to be maintained under section 412.".
Sec. 5. (a) Section 301 of the Federal Food, Drug, and Cosmetic Act
// 21 USC 331. // is amended by adding at the end the following new
paragraph:
"(s) The failure to provide the notice required by section 412(b) or
412(c), the failure to make the reports required by section 412(d)(1)(
B), or thefailure to meet the requirements prescribed under section
412(d)(2).".
(b) Section 301(e) of such Act is amended (1) by striking out
"section 703" and inserting in lieu thereof "section 412 or 703", and
(2) by striking out "section 505" and inserting in lieu thereof "section
412, 505".
(c) Section 301(j) of such Act is amended by inserting "412," before
"505".
Sec. 6. Section 412 of the Federal Food, Drug, and Cosmetic Act
(added by section 2) shall apply with respect to infant formulas
manufactured on or after the 90th day after the date of the enactment of
this Act. // 21 USC 350a //
Sec. 7. (a) The Secretary of Health and Human Services shall conduct
a study to determine the long-term effect on infants of hypochloremic
metabolic alkalosis resulting from infant formulas deficient in
chloride. The Secretary shall report the results of such study to the
Congress.
(b) The Secretary of Health and Human Services shall conduct a review
of existing Federal requirements for the labeling of infant formula to
determine the effect of such requirements on infant nutrition and proper
use of infant formula. Not later than the 180th day after the date of
the enactment of this Act, the Secretary shall submit a report to the
Committee on Labor and Human Resources of the Senate and the Committee
on Interstate and Foreign Commerce of the House of Representatives
containing the results of the review and including recommendations for
any legislative or administrative action with respect to the labeling of
infant formula as the Secretary determines appropriate.
(c) The Secretary of Health and Human Services shall conduct a review
of issues concerning the export of infant formula that, if marketed in
the United States, would be in violation of section 412 of the Federal
Food, Drug, and Cosmetic Act. Not later than the 180th day after the
date of enactment of this Act, the Secretary shall submit a report to
the Committee on Labor and Human Resources of the Senate and the
Committee on Interstate and Foreign Commerce of the House of
Representatives, containing the results of the review and including
recommendations regarding appropriate legislative or administrative
action to improve current export policies, as the Secretary determines
appropriate.
Sec. 8. (a) Section 503 of the Controlled Substances Act (21 U.S.C.
873) is amended by adding at the end the following new subsection:
"(c) The Attorney General shall annually (1) select the controlled
substance (or controlled substances) contained in schedule II which, in
the Attorney General's discretion, is determined to have the higest rate
of abuse, and (2) prepare and make available to regulatory, licensing,
and law enforcement agencies of State descriptive and analytic reports
on the actual distribution patterns in such States of each such
controlled substance.".
(b) Section 203 of the Psychotropic Substances Act of 1978 (Public
Law 95 - 633) // 21 USC 830, 841, 842, 843. // is amended by striking
out subsection (d).
(c) Section 401 of the Controlled Substances Act (21 U.S.C. 841) is
amended--,
(1) by striking out "except as provided in paragraph (4) and
(5) of this subsection" in the first sentence of subsection (b)(
1)(B) and inserting in lieu thereof "except as provided in
paragraph (4), (5), and (6) of this subsection"; and
(2) by adding after paragraph (5) of subsection (b) the
following new paragraph:
"(6) In the case of a violation of subsection (a) involving a
quantity of marihuana exceeding 1,000 pounds, such person shall be
sentenced to a term of imprisonment of not more than 15 years, and in
addition, may be fined not more than $125,000. If any person commits
such a violation after one or more prior convictions of such person for
an offense punishable under paragraph (1) of this paragraph, or for a
felony under any other provision of this title, title III, // 21 USC
801, 951. // or other law of the United States relating to narcotic
drugs, marihuana, or depressant or stimulants substances, have become
final, such person shall be sentenced to a term of imprisonment of not
more than 30 years, and in addition, may be fined not more than
$250,000.".
Approved September 26, 1980.
LEGISLATIVE HISTORY
HOUSE REPORT No. 96 - 936 (Comm. on Interstate and Foreign Commerce).
SENATE REPORT No. 96 - 916 accompanying S. 2490 (Comm. on Labor and
Human Resources).
CONGRESSIONAL RECORD, Vol. 126 (1980):
May 20, considered and passed house.
Sept. 8, considered and passed Senate, amended in lieu of S.
2490.
Sept. 9, House concurred in Senate amendment,
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 16, No. 39:
Sept. 26, Presidential remarks and statement.
PUBLIC LAW 96-358, 94 STAT, 1184, AGRICULTURAL SUBTERMINAL FACILITIES
ACT OF 1980.
construction and improvement
of subterminal storage and transportation facilities
for certain types of agricultural
commodities within the State or within a group of
States acting together on
a regional basis, and to amend the Consolidated Farm
and Rural Development
Act to authorize loans for the construction and
improvement of such facilities,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act // 7 USC
3701 // may be cited as the " Agricultural Subterminal Facilities Act of
1980".
Sec. 2. // 7 USC 3701. // Congress finds and declares that--,
(1) an adequate system for the efficient transient storage and
movement of bulk agricultural commodities is essential to the
overall success of the agricultural industry of the Nation, the
development of rural areas of the Nation, and the economic
stability of the Nation;
(2) the movement and storage of bulk agricultural commodities
has been seriously and repeatedly impeded by shortages of
transient storage facilities, adequate rail rolling stock, and the
deterioration of many railroad track beds and rural highways
throughout the United States;
(3) the efficient movement and storage of bulk agricultural
commodities may be achieved and facilitated by the joint location
at strategic points throughout the United States of transient
storage facilities and multimodal terminal facilities constructed
especially for the efficient shipment and receipt of agricultural
commodities; and
(4) the location of such facilities must be carefully planned
to assure maximum benefits to producers of agricultural
commodities and unprocessed agricultural products and utilization
of the most efficient means of transporting bulk agricultural
commodities for domestic and export markets.
Sec. 3. // 7 USC 3702. // As used in this Act, the term--,
(1) "bulk agricultural commodity" means any agricultural
commodity that can be transported in bulk and can be temporarily
stored in bulk quantities without undergoing processing or
packaging. Such term also includes any commodity or product that
is used by producers in the production of agricultural commodities
and that can be stored or shipped in bulk, such as fertilizer and
fuel;
(2) "unprocessed agricultural products" means food, fiber, and
other agricultural products that have not been packaged or
otherwise prepared for retail sale, including animal products and
unfinished cotton, wool, leather, or any other unfinished natural
material;
(3) " Secretary" means Secretary of Agriculture;
(4) "subterminal facility" means any facility that is located
in the area of production or consumption of agricultural
commodities or any major storage or major export point for such
commodities and is located at a place that conveniently serves the
needs of producers, purchasers, and consumers of bulk agricultural
commodities, and is--,
necessary
for the transportation, upgrading, receiving, drying,
or loading out of such commodities; or
can
accommodate unit railroad trains or multiple car trains
and
other appropriate transportation modes designed for the
transport of bulk agricultural commodities and
production
materials; and
(5) "region" means two or more States acting together to
develop a coordinated regional subterminal facilities plan.
Sec. 4. // 7 USC 3703. // (a)(1) The Secretary shall, beginning not
more than one hundred and eighty days after the effective date of this
Act, make financial assistance available to any State that makes
application therefor, and that otherwise meets the requirements of this
section, for the purpose of assisting such State in the development of a
subterminal facilities plan (hereinafter in this Act referred to as the
" State plan") for such State. Assistance under this section shall be
made available in the form of a grant. No grant may be made to any
State unless the Governor of such State or the appropriate agency of
such State makes an application therefor as provided in this section.
To the maximum extent practicable, the personnel and resources of the
colleges or universities in the State which are eligible to receive
funds under the Act of July 2, 1862 (7 U.S.C. 301 - 305, 307, and 308),
or the Act of August 30, 1890 (7 U.S.C. 321 - 326 and 328), including
Tuskegee Institute, shall be utilized in developing the subterminal
facilities plan for that State pursuant to this section.
(2) The Secretary may also make grants under this section available
to two or more States acting together to develop a coordinated regional
subterminal facilities plan (hereinafter in this Act referred to as the
"regional plan") for such region.
(3) Grants made under this section to any State or region may not
exceed 80 per centum of the cost of preparing the State or regional
plan.
(4) The State or regional plan shall prescribe in detail the actions
such State or region proposes to take in order to (A) facilitate the
efficient and competitive movement of bulk agricultural commodities from
the points of production within such State or region to major market or
export points, (B) provide adequate storage facilities for such
commodities between points of production and market, (C) provide
adequate receiving, storage, and loading facilities for any bulk
agricultural commodity, and (D) assure that such facilities will be
located at sites that will result in maximum benefits to local
producers.
(5) Each State or regional plan shall include the following:
(A) an analysis of the marketing, shipping, storage, and
production of bulk agricultural commodities produced in that State
or region and the short-and long-range projections with respect to
the marketing, shipping, storage, and production of such
commodities in that State or region;
(B) a determination, on the basis of the analysis and
projections required under clause (A) of this paragraph, of the
needs of the State or region for subterminal facilities;
(C) an assessment of the use of existing on-farm storage
facilities located within the State or region and an assessment of
the ways in which subterminal facilities can benefit the continued
use of on-farm storage facilities;
(D) an evaluation of the effect of the development of new
subterminal facilities on small capacity rural shipping and
storage facilities within the State or region;
(E) an evaluation of ways to ensure adequate rail service for
subterminal facilities described in clause (D) of this paragraph,
including an evaluation of the use and feasibility of contract
rates;
(F) an assessment of the ways that subterminal facilities can
enhance the operation of small capacity shipping and storage
facilities within the State or region;
(G) an assessment of other actions being taken or considered in
such State or region for the improvement of agricultural
transportation, including an evaluation of the use being made of
shuttle or collector trains and combinations of rail and barge
service;
(H) an evaluation of the potential benefits of subterminal
ownership and leasing arrangements for rail rolling stock
(including locomotive power), motor trucks, barge equipment, and
other bulk agricultural commodity transport equipment that may
help achieve maximum benefits from the operation of subterminal
facilities within the State or region;
(I) an assessment of the overall transportation system in the
State or region and future plans for that overall system,
including the adequacy of highways and bridges; and
(J) consideration of the feasibility and advisability of the
ownership and operation of rail branch lines by farmer-owned
cooperatives, and the role that such cooperatives might play in
any overall planning for the restructuring and rehabilitation of
rail service and marketing facilities within the State or region.
(b) Funds made available to a State or region under this Act for the
purposes of assisting such State or region to develop a plan shall be
subject to the condition that the State or region establish a plan
review commission composed of local producers, local elevator operators,
representatives of affected motor and rail carriers, other interested
individuals, and, when appropriate in the judgment of the Secretary,
consumers of bulk agricultural commodities used in the production of
unprocessed agricultural products. A majority of the members of any
plan review commission must be local producers or, when appropriate in
the judgment of the Secretary, consumers of bulk agricultural
commodities used in the production of unprocessed agricultural products.
The plan review commission shall consider the information and analyses
developed by the State or region in the development of a State or
regional plan and make appropriate recommendations regarding the State
or regional plan. The plan review commission shall also make
recommendations, based on information developed in the plan, for the
most beneficial location of subterminal facilities.
(c) No application for planning assistance authorized pursuant to
this section may be submitted by a State or region until the appropriate
plan review commission established in accordance with this Act has had
the opportunity to make recommendations to the Governor or Governors
that a need exists for the development of a State or regional plan, and
a majority of the members of such plan review commission concur that
such application should be submitted.
(d) No State or region may receive a grant under this section
unless--,
(1) an application therefor has been submitted that complies
with the provisions of this Act;
(2) the average annual production of bulk agricultural
commodities produced within such State or region, or shipments of
such commodities transported into such State or region, meets
minimum levels established by the Secretary for a period the
Secretary considers appropriate preceding the year in which
application for such grant is made;
(3) the Governor of such State or the Governors of the States
in such region certify to the Secretary that producers of
agricultural commodities have experienced serious storage and
transportation problems within such State or region during the
three years preceding the year in which application for such grant
is made; and
(4) such State or each State within such region has established
an adequate plan, as described in section 5(j) of the Department
of Transportation Act (49 U.S.C. 1654(j)), for rail service in
such State or States, or such State or each State in such region
is actively developing such a plan.
(e) Whenever any State or region has submitted a State or regional
plan under this section, the Secretary shall approve such plan only if
it has been approved by a majority of the members of the appropriate
plan review commission established pursuant to this Act, and it meets
the other conditions specified in this Act and those prescribed in
regulations issued by the Secretary to carry out this Act. When a plan
is approved by the Secretary, such plan shall be known as an "approved
State plan" or an "approved regional plan", as appropriate.
(f) To carry out the purposes of this section, there are authorized
to be appropriated not to exceed $3,300,000 for each of the fiscal years
ending September 30, 1981, September 30, 1982, and September 30, 1983.
DEVELOPMENT ACT
Sec. 5. Section 310 B of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1932) is amended by adding at the end thereof a new
subsection (e) as follows:
"(e)(1) The Secretary may also insure and guarantee loans under this
section to public, private, or cooperative organizations organized for
profit or nonprofit, or to individuals for the purpose of constructing
or improving subterminal facilities if--,
"(A) the construction or improvement of such facilities is
consistent with the appropriate approved State or regional plans
and the recommendations of the local plan review commission
established pursuant to the Agricultural Subterminal Facilities
Act of 1980;
"(B) the Secretary determines that the ownership and operation
of such subterminal facilities will result in the efficient and
competitive movement of bulk agricultural commodities and will
return increased benefits to the local producers served by such
facilities; and
"(C) the Secretary determines that the rail carrier designated
to provide service to any such facility will be able to provide
adequate service.
Such loans may be made available for purchase of rail rolling stock
(including locomotives), motor trucks, barges, and other bulk
agricultural commodities transport equipment to be used in conjunction
with the operation of subterminal facilities.
"(2) The Secretary may only insure or guarantee loans under this
subsection if the Secretary finds that applicants are unable to obtain
credit from commercial lending institutions (including specialized
lending institutions established to provide credit to agricultural
producers) on reasonable terms and conditions.
"(3) In order to preserve local ownership and control of agricultural
transportation facilities, the Secretary shall give preference under
this subsection to existing agricultural elevator operators and local
producers in areas in which subterminal facilities are proposed to be
located.
"(4)(A) The total amount of loan authority made available for use for
the purpose of this subsection for any fiscal year shall be allocated by
the Secretary on the basis of need among those States that have approved
State or regional plans as defined in the Agricultural Subterminal
Facilities Act of 1980. Such allocation shall be based on such formula
as the Secretary shall prescribe by regulation.
"(B) Any loan authority available for use in any State in any fiscal
year that is not used by such State shall be reallocated, to the extent
practicable, among other States eligible for the assistance provided
under this section, in accordance with the same formula developed by the
Secretary for the initial allocation of loan authority under this
subsection.
"(5) As used in this subsection, the term 'subterminal facility' has
the same meaning as provided in the Agricultural Subterminal Facilities
Act of 1980.
"(6) Within one hundred and eighty days after the effective date of
the Agricultural Subterminal Facilities Act of 1980, the Secretary shall
establish such rules and regulations as may be necessary to implement
the provisions of this subsection.".
Sec. 6. The provisions of this Act // 7 USC 3701 // shall become
effective October 1, 1980.
Approved September 25, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 995 accompanying H.R. 7141 (Comm. on
Agriculture).
SENATE REPORT No. 96 - 159 (Comm. on Agriculture, Nutrition, and
Forestry).
CONGRESSIONAL RECORD, Vol. 125 (1979):
May 23, considered and passed Senate.
June 3, H.R. 7141 considered and passed House; passage vacated
and S. 261, amended, passed in lieu.
Sept. 11, Senate concurred in House amendments.
PUBLIC LAW 96-357, 94 STAT, 1178
Corps scholarships for the Army,
to authorize the Secretary of the Army to provide
that cadets awarded such
scholarships may serve their obligated period of
service in the Army Reserve or
Army National Guard of the United States, to
authorize the Secretary concerned
to require an individual furnished post-secondary
education by an Armed Force to
reimburse the United States for the cost of such
education in the event such
individual fails to comply with such individual's
active-duty obligation, to provide
that certain full-time training duty of members of the
National Guard shall be
considered as active duty for training in Federal
service for certain purposes, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) section 2107(
a) of title 10, United States Code, relating to financial assistance for
speciall selected members of the Reserve Officers' Training Corps, is
amended by striking out the period at the end of the first sentence and
all of the second sentence and inserting in lieu thereof a comma and the
following: "except that the age of any such member who has served on
active duty in the armed forces may exceed such age limitation on such
date by a period equal to the period such member served on active duty,
but only if such member will be under 29 years of age on such date.".
(b) Section 2107 of such title is further amended--,
(1) by inserting "and" at the end of clause (4) of subsection
(b);
(2) by striking out clauses (5) and (6) of subsection (b) and
inserting in lieu thereof the following:
"(5) agree in writing that, at the discretion of the Secretary
of the military department concerned, he will either--,
commissioned
officer in the Army, Navy, Air Force, or Marine
Corps, as the case may be, and that, if he is
commissioned as
a regular officer and his regular commission is
terminated
before the sixth anniversary of his date of rank, he
will
accept an appointment, if offered, in the reserve
component
of that armed force and not resign before that
anniversary;
and
commissioned
officer in the Army, Navy, Air Force, or Marine
Corps, as the case may be; and
until
the eighth anniversary of the receipt of such
appointment,
unless otherwise extended by subsection (d) of
section 2108 of
this title,
// 10 USC 2108. //
under such terms and conditions as shall be
prescribed by the Secretary of the military department
concerned.
The performance of service under clause (5)(B) may include periods
of active duty, active duty for training, and other service in an
active or inactive status in the reserve component in which
appointed."; and
(3) by striking out "6,500" the first place it appears in
subsection (h) and inserting in lieu thereof "12,000".
(c)(1) Chapter 103 of such title, relating to Senior Reserve
Officers' Training Corps, is amended by inserting after section 2107 the
following new section:
" Section 2107a. // 10 USC 2107a. // Financial assistance program
for specially selected members: military junior colleges
"(a)(1) The Secretary of the Army may appoint as a cadet in the Army
Reserve or Army National Guard of the United States any eligible member
of the program who is a student at a military junior college and who
will be under 25 years of age on June 30 of the calendar year in which
he is eligible under this section for appointment as a second lieutenant
in the Army, except that the age of any such member who has served on
active duty in the armed forces may exceed such age limitation on such
date by a period equal to the period such member served on active duty,
but only if such member will be under 29 year of age on such date.
"(2) To be considered a military junior college for the purposes of
this section, a school must be a civilian postsecondary educational
institution essentially military in nature that does not confer
baccalaureate degrees and that meets such other requirements as the
Secretary of the Army may prescribe.
"(b) To be eligible for appointment as a cadet under this section, a
member of the program must--,
"(1) be a citizen of the United States;
"(2) be specially selected for the financial assistance program
under this section under procedures prescribed by the Secretary of
the Army;
"(3) enlist in a reserve component of the Army for the period
preprescred by the Secretary of the Army;
"(4) contract, with the consent of his parent or guardian if he
is a minor, with the Secretary of the Army to serve for the period
required by the program;
"(5) agree in writing that he will accept an appointment, if
offered, as a commissioned officer in the Army Reserve or the Army
National Guard of the United States; and
"(6) agree in writing that he will serve in such reserve
component for not less than eight years.
Performance of duty under an agreement under this subsection shall be
under such terms and conditions as the Secretary of the Army may
prescribe and may include periods of active duty, active duty for
training, and other service in an active or inactive status in the
reserve cponent in which appointed.
"(c) The Secretary of the Army shall provide for the payment of all
expenses of the Department of the Army in administering the financial
assistance program under this section, including the cost of tuition,
fees, books, and laboratory expenses which are incurred by members are
students at a military junior college.
"(d) Upon satisfactorily completing the academic and military
requirements of the program, a cadet may be appointed as a reserve
officer in the Army in the grade of second lieutenant, even though he is
under 21 years of age.
"(e) The date of rank of officers appointed under this section in May
or June of any year is the date of graduation of cadets from the United
States Military Academy in that year. The Secretary of the Army shall
establish the date of rank of all other officers appointed under this
section.
"(f) A cadet who does not complete the course of instruction, or who
completes the course but declines to accept a commission when offered,
may be ordered to active duty by the Secretary of the Army to serve in
his enlisted grade for such period of time as the Secretary prescribes
but not for more than four years.
"(g) In computing length of service for any purpose, an officer
appointed under this section may not be credited with service as a
caddet or with concurrent enlisted service.
"(h)(1) The Secretary of the Army shall appoint not less than 10
cadets under this section each year at each military junior college at
which there ar not less than 10 members of the program eligible under
subsection (b) for such an appointment. At any military college at
which in any year there are fewer than 10 such members, the Secretary
shall appoint each such member as a cadet under this section.
"(2) If the level of participation in the program at any military
junior college meets criteria for such participation established by the
Secretary of the Army by regulation, the Secretary shall appoint
additional cadets under this section from among members of the program
at such military junior college who are eligible under subsection (b)
for such an appointment.
"(i) Cadets appointed under this section are in addition to the
number appointed under section 2107 of this title.".
(2) The table of sections at the beginning of chapter 103 of such
title is amended by inserting after the item relating to section 2107
the following new item:
"2107a. Financial assistance program for specially selected members:
military junior colleges.".
(d) Section 2108(d), // 10 USC 2108. // of such title, relating to
advanced training after receivinga baccalaureate degree or completing
preprofessional studies, is amended by striking out the second sentence
and inserting in lieu thereof the following: " If a member of the
program has been accepted for resident graduate of professional study,
the Secretary of the military department concerned may delay the
commencement of that member's obligated period of active duty, and any
obligated period of active duty for training or other service in an
active or inactive status in a reserve component, until the member has
completed that study. If a cadet appointed under section 2107a of this
title has been accepted for a course of study at an accredited civilian
educational institution authorized to grant baccalaureate degrees, the
Secretary of the Army may delay the beginning of that member's obligated
period of service in a reserve component until the member has completed
such course of study.".
(e) The amendments made by this section // 10 USC 2107a // shall take
effect on October 1, 1980.
Sec. 2. (a) Chapter 101 of title 10, United States Code, relating to
training, is amended by adding at the end of such chapter the following
new section:
" Section 2005. // 10 USC 2005. // Advanced education assistance:
active duty agreement; reimbursement requirements
"(a) The Secretary concerned may require, as a condition to the
Secretary providing advanced education assistance to any person, that
such person enter into a written agreement with the Secretary concerned
under the terms of which such person shall agree--,
"(1) to complete the educational requirements specified in the
agreement and to serve on active duty for a period specified in
the agreement;
"(2) that if such person fail to complete the education
requirements specified in the agreement, such person will serve on
active duty for a period specified in the agreement;
"(3) that if such person, voluntarily or because of misconduct,
fails to complete the period of active duty specified in the
agreement, such person will reimburse the United States in an
amount that bears the same ratio to the total cost of advanced
education provided such person as the unserved portion of active
duty bears to the total period of active duty such person agreed
to serve; and
"(4) to such other terms and conditions as the Secretary
concerned may prescribe to protect the interest of the United
States.
"(b) The Secretary concerned shall determine the period of active
duty to be served by any person for advanced education assistance to be
provided such person by an armed force, except that if the period of
active duty required to be served is specified under another provision
of law with respect to the advanced education assistance to be provided,
the period specified in the agreement referred to in subsection (a)
shall be the same as the period specified in such other provision of
law.
"(c) Subject to the provisions of subsection (d) of this section, the
obligation to reimburse the United States under an agreement described
in subsection (a) of this section is, for all purposes, a debt owing the
United States.
"(d) A discharge in bankruptcy under title 11 // 11 USC 101. //
shall not release a person from an obligation to reimburse the United
States required under the terms of an agreement described in subsection
(a) of this section if the final decree of the discharge in bankruptcy
was issued within a period of five years after the last day of a period
which such person had agreed to serve on active duty. This subsection
applies to a discharge in bankruptcy in any proceeding which begins
after September 30, 1978.
"(e) In this section--,
"(1) ' Advanced education' means education or training above
the secondary school level but does not include technical training
provided to a member of the armed forces to qualify such member to
perform a specified military function, to workshops, or to
short-term training programs.
"(2) ' Assistance' means the direct provision of any course of
advanced education by the Secretary concerned, reimbursement by
the Secretary concerned for any course of advanced education
provided by another department or agency of the Federal
Government, or the payment, in whole or in part, by the Secretary
concerned for any course of advanced education provided by any
public or private educational institution or other entity, but
such term does not include the payment for any course of advanced
education which is paid for under chapter 106 or 107 of this
title.
"(3) ' Cost of advanced education' means those costs which are,
under regulations prescribed by the Secretary concerned, directly
attributable to the education of the person to whom a course of
advanced education is provided, including the cost of tuition and
other fees (or, if none is charged, an amount determined by the
Secretary concerned to be a reasonable charge for the education
provided), the cost of books, supplies, transportation, and
miscellaneous expenses, and the cost of room and board, but such
term does not include pay or allowances under title 37
// 37 USC 101. //
or a stipend under section 2121 of this title.". // 10 USC 2121
//.
(b) The table of sections at the beginning of chapter 101 of such
title is amended by adding at the end thereof the following new item:
"2005. Advanced education assistance: active duty agreement;
reimbursement requirements.".
Sec. 3. Effective only for the period beginning October 1, 1980, and
ending September 30, 1981, section 7572(b) of title 10, United States
Code, relating to accomodations in place of quarters for members on sea
duty, is amended to read as follows:
"(b) Under such regulations as the Secretary prescribes, any member
of the uniformed services on sea duty who is deprived of quarters on
board ship because of repairs or because of other conditons that make
the member's quarters uninhabitable, may be reimbursed for expenses
incurred in obtaining quarters in an amount not more than the basic
allowance for quarters of a member of the same grade without dependents,
if it is impracticable to furnish accommodations under subsection (a).
A member entitled to receipt of basic allowance for quarters amy not be
reimbursed for expenses under this subsection when deprived of quarters
aboard ship at a location at which the member can reside with such
member's dependents. The total amount of such reimbursements for fiscal
year 1981 may not exceed $9,000,000.".
Sec. 4. Section 3(a) of the Act of August 10, 1956 (33 U.S.C. 857a(
a)), relating to the applicability of certain laws to the National
Oceanic and Atmospheric Administration, is amended by adding at the end
thereof the following new paragraph:
"(14) Section 7572(b), Quarters: accommodations in place of
for members on sea duty.".
Sec. 5. (a) Sections 3686(2) and 8686(2) of title 10, United States
Code, relating to service credit for service as members of the Army and
Air Force National Guard, are each amended by striking out "sections 316
and 503 through 505 of title 32" and inserting in lieu thereof
(b) The amendments made by subsection (a) // 10 USC 3686 // shall
apply with respect to full-time training or other full-time duty
performed under section 502 of title 32, United States Code, on and
after the date of the enactment of this Act.
Sec. 6. The second sentence of section 672(a) of title 10, United
States Code, relating to authority to order members of the Standby
Reserve to active duty, is amended to read as follows: " However a
member on an inactive status list or in a retired status may not be
ordered to active duty under this subsections unless the Secretary
concerned, with the approval of the Secretary of Defense in the case of
the Secretary of a military department, determines that there are not
enough qualified Reserves in an active status or in the inactive
National Guard in the required category who are readily available.".
Sec. 7. (a) Section 4818 of the Revised Statutes of the United
States (24 U.S.C. 44), relating to funds for the support of the
Soldiers' and Airmen's Home, is amended by inserting "or under authority
of section 815 of title 10, United States Code" after "courts-martial".
(b) The amendment made by subsection (a) // 24 USC 44 // shall become
effective on October 1, 1981.
Approved September 24, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 607 (Comm. on Armed Services).
SENATE REPORT No. 96 - 850 (Comm. on Armed Services).
CONGRESSIONAL RECORD:
Vol. 125 (1979): Nov. 26, considered and passed House.
Vol. 126 (1980): Aug. 4, considered and passed Senate,
amended. Aug. 28, House concurred in Senate amendments with
amendments.
Sept. 10, Senate concurred in House amendments.
PUBLIC LAW 96-356, 94 STAT, 1177
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Act of December
20, 1944 (58 Stat.836; 12 U.S.C. 1150), is amended by adding at the end
thereof a new section 4 as follows:
" Sec. 4. Notwithstanding any other provision of law, no persons who
have received or have owing to them, prior to the date of enactment of
this section, payments at rates announced by the Secretary of
Agriculture for self-hauling of hay or other roughages under the hay
transportation assistance program // 12 USC 1150c. // shall be liable
for, or be obligated to refund, any amount that is determined by the
Secretary to be in excess of the payment computed in accordance with the
maximum rate provided by section 8 of the Farmer-to-Consumer Direct
Marketing Act of 1976: // 42 USC 5145 // Provided, That the Secretary
determines that such persos have otherwise complied with the terms and
conditions of, and are otherwise entitled to payments under, the hay
transportation assistance program. Any payments made pursuant to this
Act shall be made out of funds appropriated or otherwise available on
the date of enactment of this Act for disaster relief.".
Approved September 24, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 1120 accompanying H.R. 5208 (Comm. on
Agriculture).
SENATE REPORT No. 96 - 763 (Comm. on Agriculture, Nutrition and
Forestry).
CONGRESSIONAL RECORD, Vol. 126 (1980):
May 22, considered and passed Senate.
Aug. 19, H.R. 5208 considered and passed House; passage
vacated and S. 1625, amended, passed in lieu.
Sept. 8, Senate concurred in House amendment.
PUBLIC LAW 96-355, 94 STAT, 1171, RURAL DEVELOPMENT POLICY ACT of
1980
rural development policy, to
extend until September 30, 1981, the authorizations
for appropriations for title V
of the Rural Development 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. This Act // 7 USC 2201 // may be cited as the " Rural
Development Policy Act of 1980".
Sec. 2. The Rural Development Act of 1972 (Public Law 92 - 419; 86
Stat. 657) // 7 USC 1921 // is amended by adding at the end thereof a
new section as follows:
" Sec. 607. // 7 USC 2204b. // Rural Development Policy.--(a) The
Secretary of Agriculture shall provide leadership within the executive
branch for, and shall assume responsibility for coordinating, a
nationwide rural development program using the services of executive
branch departments and agencies, including, but not limited to, the
agencies, bureaus, offices, and services of the Department of
Agriculture, in coordination with rural development programs of State
and local governments.
"(b) Policy Development.--(1) The Secretary shall conduct a
systematic review of Federal programs affecting rural areas to (A)
determine whether such areas are benefiting from such programs in an
equitable proportion to the benefits received by urban areas and (B)
identify any factors that may restrict accessibility to such programs in
rural areas or limit participation in such programs.
"(2) Subject to the Privacy Act of 1974, // 5 USC 552a // the
Secretary may secure directly from any Federal department or agency
information necessary to carry out the Secretary's duties under this
section. Upon request of the Secretary under this paragraph, the head
of any such Federal department or agency shall furnish such information
to the Secretary.
"(3) The Secretary shall develop a process through which multi-state,
State, substate, and local rural development needs, goals, objectives,
plans, and recommendations can be received and assessed on a continuing
basis. Such process may include the use of those rural development
experts, advisors, and consultants that the Secretary deems appropriate,
as well as the establishment of temporary advisory committees under the
terms of the Federal Advisory Committee Act. // 5 USC app. //
"(4) The Secretary may undertake cooperative efforts with other
Federal departments and agencies to improve the coordination and
effectiveness of Federal programs, services, and actions affecting rural
areas. The Secretary may request the heads of other Federal departments
and agencies to participate in any working groups that the Secretary
deems necessary to carry out the purpose of this section.
"(5) The Secretary may hold public hearings and receive comments on
any matter that the Secretary determines may have a significant impact
on rural development or the economic development of rural communities.
"(c) Rural Development Strategy.--(1) The Secretary shall prepare a
comprehensive rural development strategy based on the needs, goals,
objectives, plans, and recommendations of local communities, substate
areas, States, and multistate regions, which is designed to--,
"(A) aximize the effectiveness, increase the responsiveness,
and improve the delivery of Federal programs to rural areas;
"(B) increase the coordination of Federal programs with the
development needs, objectives, and resources of local communities,
substate areas, States, and multistate regions; and
"(C) achieve the most effective combinations of Federal, State,
and lcal resources to meet the needs of rural areas for orderly
growth and development.
"(2) The rural development strategy shall take into account the need
to--,
"( improve the economic well-being of all rural residents and
alleviate the problems of low income, elderly, minority, and
otherwise disadvantaged rural residents;
"(B) improve the business and employment opportunities,
occupational training and employment services, health care
services, educational opportunities, energy utilization and
availability, housing, transportation, community services,
community facilities, water supplies, sewage and solid waste
management systems, credit availability, and accessibility to
delivery of private and public financial resources in the
maintenance and creation of jobs in rural areas;
"(C) improve State and local government management
capabilities, institutions, and programs related to rural
development and expand educational and training opportunities for
State and local officials, particularly in small rural
communities;
"(D) strengthen the family farm system; and
"(E) maintain and protect the environment and natural resources
of rural areas.
"(3) The rural development strategy developed under this subsection
shall be for the fiscal year ending September 30, 1982, and updated for
each fiscal year thereafter.
"(4) The Secretary shall hold public hearings and receive such
suggestions and recommendations as the Secretary deems appropriate
during the preparation of the rural development strategy and the annual
updates to the strategy.
"(5) The rural development strategy and the annual updates to the
strategy shall be transmitted to the House Committee on Agriculture and
the Senate Committee on Agriculture, Nutrition, and Forestry by January
31 of the calendar year immediately preceding the beginning of the
appropriate fiscal year.
"(6) The rural development strategy and each annual update of the
strategy shall contain an analysis of the budget recommendations of the
President for the fiscal year following the transmittal of the strategy
or update of the strategy and of all the available budget projections of
the President for subsequent fiscal years, and projections regarding the
budget that are relevant or essential to the rural development policy
and the rural development strategy developed under this subsection.
Each annual update shall also contain a detailed statement of the
findings and conclusions of the Secretary regarding the implementation
during the preceding fiscal year of the rural development strategy,
including any revisions of the strategy, any recommended legislation to
improve the rural development effort of the Federal Government, and an
evaluation of and recommendations regarding the rural development
information system required under section 306(a)( 12) of the
Consolidated Farm and Rural Development Act. // 7 USC 1926. //
"(d) Strategy Implementation.--The Secretary shal ensure the
effective implementation of the rural development strategy and maximize
coordination of Federal programs affecting rural areas through a
systematic effort to--,
"(1) improve communication and encourage cooperation among
Federal departments and agencies in the administration of rural
development programs;
"(2) eliminate conflicts, duplication, and gaps in program
coverage, and resolve contradictions and inconsistencies in the
objectives, administration, and effects of rural development
programs;
"(3) facilitate the sharing or common location of field offices
of Federal agencies administering similar or complementary
programs and unification of delivery systems, where feasible, to
maximize convenience and accessibility of such agencies and
programs to rural residents;
"(4) facilitate and expedite joint funding of rural projects
through Federal programs;
"(5) correct administrative problems in Federal programs that
delay or hinder the effective delivery of services, assistance, or
benefits to rural areas; and
"(6) simplify, standardize, and reduce the complexity of
applications, reports, and other forms required under Federal
rural development programs.".
AND
RURAL DEVELOPMENT
Sec. 3. // 7 USC 2211b. // (a) There is hereby established in the
Department of Agriculture the position of Under Secretary of Agriculture
for Small Community and Rural Development to be appointed by the
President, by and with the advice and consent of the Senate. The Under
Secretary of Agriculture for Small Community and Rural Development may
exercise such functions and perform such duties related to small
community and rural development, and shall perform such other duties, as
may be required by law or prescribed by the Secretary of Agriculture.
(b) Section 5314 of title 5, United States Code, is amended by adding
at the end thereof a new paragraph as follows:
" Under Secretary of Agriculture for Small Community and Rural
Development.".
Sec. 4. The Rural Development Act of 1972 is amended by--,
(1) in section 503(a) (7 U.S.C. 2663(a)), striking out "three"
and "1979" and inserting in lieu thereof "five" and "1981",
respectively;
(2) in section 503(c) (7 U.S.C. 2663(c)), striking out "and
September 30, 1979" and inserting in lieu thereof " September 30,
1979, September 30, 1980, and September 30, 1981";
(3) in section 503(f) (7 U.S.C. 2663(f)), inserting immediately
after the first sentence a new sentence as follows: " In those
States that contain more than one institution or university
accepting the benefits of the Morrill Act of 1862 or 1890 (or
both),
// 7 USC 301, 321. //
including Tuskegee Institute, such annual plan and budget shall be
jointly developed by mutual agreement of the chief administrative
officers of all such institutions or universities.";
(4) in section 507(b) (7 U.S.C. 2667(b)), inserting ", Guam,
the Commonwealth of the Northern Mariana Islands, American Samoa,
the Virgin Islands of the United States," after "several States";
and
(5) in section 603(c),
// 7 USC 2204a. //
repealing paragraph (2); in paragraph (1), striking out "(1)"
after the subsection designation; and redesignating subparagraphs
(A) and (B) as paragraphs (1) and (2), respectively.
Sec. 5. Section 526(b) of the Revised Statutes (7 U.S.C. 2204(b)) is
amended by--,
(1) striking out the first and second sentences thereof;
(2) in the third sentence striking out "and" before "rural
industrialization" and inserting before the period at the end
thereof the following: ", and technology appropriate to small-and
moderate-sized family farming operations, and any other problem
that the Secretary may determine has an effect upon the economic
development or the quality of life in rural areas".
Sec. 6. Section 901 of the Agricultural Act of 1970 (Public Law 91 -
524, 84 Stat. 1303; 42 U.S.C. 3122) // 84 Stat. 1383. // is amended by
striking out the last sentence of subsection (b) and repealing
subsections (c) through (f).
Sec. 7. Section 306(a) of the Consolidated Farm and Rural
Development Act (Public Law 87 - 128, 75 Stat. 307; 7 U.S.C. 1926(a))
is amended by--,
(1) amending paragraph (11) to read as follows:
"(11) The Secretary may make grants, not to exceed $15,000,000
annually, to public bodies or such other agencies as the Secretary
may select to provide rural development technical assistance,
rural community leadership development, and community and areawide
rural development planning.";
(2) redesignating paragraphs (12), (13), and (14) as paragraphs
(13), (14), and (15), respectively; and
(3) inserting immediately after paragraph (11) a new paragraph
(12) as follows:
"(12)(A) The Secretary shall, in cooperation with institutions
eligible to receive funds under the Act of July 2, 1862 (12 Stat.
503 - 505, as amended; 7 U.S.C. 301 - 305, 307, and 308), or the
Act of August 30, 1890 (26 Stat. 417 - 419, as amended; 7 U.S.C.
321 - 326 and 328),
// 7 USC 321 - 326a, 328. //
including the Tuskegee Institute and State, substate, and regional
planning bodies, establish a system for the dissemination of
information and technical assistance on federally sponsored or
funded programs. The system shall be for the use of institutions
eligible to receive funds under the Act of July 2, 1862 (12 Stat.
503 - 505, as amended; 7 U.S.C. 301 - 305, 307, and 308), or the
Act of August 30, 1890 (26 Stat. 417 - 419, as amended; 7 U.S.C.
321 - 326 and 328),
// 7 USC 321 - 326a, 328. //
including the Tuskegee Institute and State, substate, and regional
planning bodies, and other persons concerned with rural
development.
"(B) The informational system developed under this paragraph
shall contain all pertinent information, including, but not
limited to, information contained in the Federal Procurement Data
System, Federal Assistance Program Retrieval System, Catalogue of
Federal Domestic Assistance, Geographic Distribution of Federal
Funds, United States Census, and Code of Federal Regulations.
"(C) The Secretary shall obtain from all other Federal
departments and agencies comprehensive, relevant, and applicable
information on programs under their jurisdiction that are operated
in rural areas.
"(D) Of the sums authorized to be appropriated to carry out the
provisions of this Act, not more than $1,000,000 per year may be
expended to carry out the provisions of this paragraph.".
Sec. 8. No funds are authorized to be appropriated pursuant to
sections 4 and 7 of this Act and the amendments made by those sections
for the fiscal year ending September 30, 1980, in excess of such amounts
as have been appropriated on or before the date of enactment of this Act
for such fiscal year.
Sec. 9. (a) There are authorized to be appropriated to the Secretary
of the Interior for the fiscal year ending September 30, 1981,
$1,900,000, which shall be used for initial planning and construction of
a rural water treatment and distribution system in portions of, but not
limited to, Walworth, Edmunds, Brown, Campbell, Potter, Mc Pherson,
Faulk, Hand, Spink, and Day Counties in South Dakota that will furnish
water for domestic and other purposes, hereafter referred to in this
section as "the WEB Rural Water Development Project", as generally
proposed by the WEB Water Development Association, Incorporated, and as
described in the special report by the Association of January 1980.
(b) Effective October 1, 1981, there are authorized to be
appropriated to the Secretary of the Interior for the further planning
and construction of the WEB Rural Water Development Project $68,100,000,
plus or minus such amounts, if any, as may be justified by reason of
ordinary fluctuations in development costs incurred after January 1,
1980, as indicated by the engineering cost indices applicable to the
types of construction involved herein: Provided, That such
authorization for appropriations shall not become effective until such
time as legislation has been enacted deauthorizing the Oahe Unit,
initially authorized by the Act of August 3, 1968 (Public Law 90 - 435;
82 Stat. 624): Provided further, That if such legislation has not been
enacted by September 30, 1981, the authorization for appropriations
provided for in this subsection shall terminate.
(c) Any funds appropriated under this section shall remain available
until expended.
(d) Any funds appropriated under this section shall be transferred by
the Secretary of the Interior to the Secretary of Agriculture when such
funds are appropriate. The Secretary of the Interior may enter into
cooperative memoranda of understanding with the Secretary of Agriculture
as may be required to provide services to carry out the purpose of this
section.
(e) The Secretary of Agriculture shall use any funds transferred
under subsection (d) for necessary administrative expenses, and to
provide financial assistance to plan and develop the WEB Rural Water
Development Project under the terms and conditions of the Consolidated
Farm and Rural Development Act // 7 USC 1921 // and the rules and
regulations promulgated by the Department of Agriculture under that Act,
except to the extent such Act or rules or regulations promulgated
thereunder are inconsistent with the provisions of this section. Such
funds shall be made available in a combination of grants and loans that
will provide grants for not less than 75 per centum of eligible
development costs and such loans as may be necessary to plan and
construct the WEB Rural Water Development Project.
Sec. 10. The provisions of this Act // 7 USC 2204b // shall become
effective October 1, 1980.
Approved September 24, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 259 accompanying H.R. 3580 (Comm. on
Agriculture).
SENATE REPORT No. 96 - 187 (Comm. on Agriculture, Nutrition, and
Forestry).
CONGRESSIONAL RECORD:
Vol. 125 (1979): June 14, considered and passed Senate.
Vol. 126 (1980): Sept. 15, H.R. 3580 considered and passed
House, passage vacated and S. 670, amended, passed in lieu.
Sept. 16, Senate concurred in House amendments.
WEEKLY COMPLILATION OF PRESIDENTIAL DOCUMENTS:
Vol. 16, No. 39 (1980): Sept. 24, Presidential statement.
PUBLIC LAW 96-354, 94 STAT, 1164, REGULATORY FLEXIBILITY ACT
Federal rulemaking by creating
procedures to analyze the availibility of more flexible
regulatory approaches for
small entities, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act // 5 USC
601 // may be cited as the " Regulatory Flexibility Act".
Sec. 2. // 5 USC 601 // (a) The Congress finds and declares that--,
(1) when adopting regulations to protect the health, safety and
economic welfare of the Nation, Federal agencies should seek to
achieve statutory goals as effectively and efficiently as possible
without imposing unnecessary burdens on the public;
(2) laws and regulations designed for application to large
scale entities have been applied uniformly to small businesses,
small organizations, and small governmental jurisdictions even
though the problems that gave rise to government action may not
have been caused by those smaller entities;
(3) uniform Federal regulatory and reporting requirements have
in numerous instances imposed unnecessary and disproportionately
burdensome demands including legal, accounting and consulting
costs upon small businesses, small organizations, and small
governmental jurisdictions with limited resources;
(4) the failure to recognize differences in the scale and
resources of regulated entities has in numerous instances
adversely affected competition in the marketplace, discouraged
innovation and restricted improvements in productivity;
(5) unnecessary regulations create entry barriers in many
industries and discourage potential entrepreneurs from introducing
beneficial products and processes;
(6) the practice of treating all regulated businesses,
organizations, and governmental jurisdictions as equivalent may
lead to inefficient use of regulatory agency resources,
enforcement problems, and, in some cases, to actions inconsistent
with the legislative intent of health, safety, environmental and
economic welfare legislation;
(7) alternative regulatory approaches which do not conflict
with the stated objectives of applicable statutes may be available
which minimize the significant economic impact of rules on small
businesses, small organizations, and small governmental
jurisdictions;
(8) the process by which Federal regulations are developed and
adopted should be reformed to reuire agencies to solicit the ideas
and comments of small businesses, small organizations, and small
governmental jurisdictions to examine the impact of proposed and
existing rules on such entities, and to review the continued need
for existing rules.
(b) It is the purpose of this Act to establish as a principle of
regulatory issuance that agencies shall endeavor, consistent with the
objectives of the rule and of applicable statutes, to fit regulatory and
informational requirements to the scale of the businesses,
organizations, and governmental jurisdictions subject to regulation. To
achieve this principle, agencies are required to solicit and consider
flexible regulatory proposals and to explain the rationale for their
actions to assure that such proposals are given serious consideration.
Sec. 3. (a) Title 5, United States Code, is amended by adding
immediately after chapter 5 the following new chapter:
" Sec. 601. Definitions.
" Sec. 602. Regulatory agenda.
" Sec. 603. Initial regulatory flexibility analysis.
" Sec. 604. Final regulatory flexibility analysis.
" Sec. 605. Avoidance of duplicative or unnecessary analyses.
" Sec. 606. Effect on other law.
" Sec. 607. Preparation of analyses.
" Sec. 608. Procedure for waiver or delay of completion.
" Sec. 609. Procedures for gathering comments.
" Sec. 610. Periodic review of rules.
" Sec.611. Judicial review.
" Sec. 612. Reports and intervention rights.
" Section 601. // 5 USC 601. // Definitions
" For purposes of this chapter--,
"(1) the term 'agency' means an agency as defined in section
551(1) of this title;
// 5 USC 551. //
"(2) the term 'rule' means any rule for which the agency
publishes a general notice of proposed rulemaking pursuant to
section 553(b) of this title,
// 5 USC 553. //
or any other law, including any rule of general applicability
governing Federal grants to State and local governments for which
the agency provides an opportunity for notice and public comment,
except that the term 'rule' does not include a rule of particular
applicability relating to rates, wages, corporate or financial
structures or reorganizations thereof, prices, facilities,
appliances, services, or allowances therefor or to valuations,
costs or accounting, or practices relating to such rates, wages,
structures, prices, appliances, services, or allowances;
"(3) the term 'small business' has the same meaning as the term
'small business concern' under section 3 of the Small Business
Act,
// 15 USC 632. //
unless an agency, after consultation with the Office of Advocacy
of the Small Business Administration and after opportunity for
public comment, establishes one or more definitions of such term
which are appropriate to the activities of the agency and
publishes such definition(s) in the Federal Register;
"(4) the term 'small organization' means any not-for-profit
enterprise which is independently owned and operated and is not
dominant in its field, unless an agency establishes, after
opportunity for public comment, one or more definitions of such
term whcch are appropriate to the activities of the agency and
publishes such definition(s) in the Federal Register;
"(5) the term 'small governmental jurisdiction' means
governments of cities, counties, towns, townships, villages,
school districts, or special districts, with a population of less
than fifty thousand, unless an agency establishes, after
opportunity for public comment, one or more definitions of such
term which are appropriate to the activities of the agency and
which are based on such factors as location in rural or sparsely
populated areas or limited revenues due to the population of such
jurisdiction, and publishes such definition(s) in the Federal
Register; and
"(6) the term 'small entity' shall have the same meaning as the
terms 'small business', 'small organization' and 'small
governmental jurisdiction' defined in paragraphs (3), (4) and (5)
of this section.
" Section 602. // 5 USC 602. // Regulatory agenda
"(a) During the months of October and April of each year, each agency
shall publish in the Federal Register a regulatory flexibility agenda
which shall contain--,
"(1) a brief description of the subject area of any rule which
the agency expects to propose or promulgate which is likely to
have a significant economic impact on a substantial number of
small entities;
"(2) a summary of the nature of any such rule under
consideration for each subject area listed in the agenda pursuant
to paragraph (1), the objectives and legal basis for the issuance
of the rule, and an approximate schedule for completing action on
any rule for which the agency has issued a general notice of
proposed rulemaking, and
"(3) the name and telephone number of an agency official
knowledgeable concerning the items listed in paragraph (1).
"(b) Each regulatory flexibility agenda shall be transmitted to the
Chief Counsel for Advocacy of the Small Business Administration for
comment, if any.
"(c) Each agency shall endeavor to provide notice of each regulatory
flexibility agenda to small entities or their representatives through
direct notification or publication of the agenda in publications likely
to be obtained by such small entities and shall invite comments upon
each subject area on the agenda.
"(d) Nothing in this section precludes an agency from considering or
acting on any matter not included in a regulatory flexibility agenda, or
requires an agency to consider or act on any matter listed in such
agenda.
" Section 603. // 5 USC 603. // Initial regulatory flexibility
analysis
"(a) Whenever an agency is required by section 553 of this title, //
5 USC 553. // or any other law, to publish general notice of proposed
rulemaking for any proposed rule, the agency shall prepare and make
available for public comment an initial regulatory flexibility analysis.
Such analysis shall describe the impact of the proposed rule on small
entities. The initial regulatory flexibility analysis or a summary shall
be published in the Federal Register at the time of the publication of
general notice of proposed rulemaking for the rule. The agency shall
transmit a copy of the initial regulatory flexibility analysis to the
Chief Counsel for Advocacy of the Small Business Administration.
"(b) Each initial regulatory flexibility analysis required under this
section shall contain--,
"(1) a description of the reasons why action by the agency is
being considered;
"(2) a succinct statement of the objectives of, and legal basis
for, the proposed rule;
"(3) a description of and, where feasible, an estimate of the
number of small entities to which the proposed rule will apply;
"(4) a description of the projected reporting, recordkeeping
and other compliance requirements of the proposed rule, including
an estimate of the classes of small entities which will be subject
to the requirement and the type of professional skills necessary
for preparation of the report or record;
"(5) an identification, to the extent practicable, of all
relevant Federal rules which may duplicate, overlap or conflict
with the proposed rule.
"(c) Each initial regulatory flexibility analysis shall also contain
a description of any significant alternatives to the proposed rule which
accomplish the stated objectives of applicable statues and which
minimize any significant economic impact of the proposed rule on small
entities. Consistent with the stated objectives of applicable statutes,
the analysis shall discuss significant alternatives such as--,
"(1) the establishment of differing compliance or reporting
requirements or timetables that take into account the resources
available to small entities;
"(2) the clarification, consolidation, or simplification of
compliance and reporting requirements under the rule of such small
entities;
"(3) the use of performance rather than design standards; and
"(4) an exemption from coverage of the rule, or any part
thereof, for such small entities.
" Section 604. // 5 USC 604. // Final regulatory flexibility
analysis
"(a) When an agency promulgates a final rule under section 553 of
this title, // 5 USC 553. // after being required by that section or
any other law to publish a general notice of proposed rulemaking, the
agency shall prepare a final regulatory flexibility analysis. Each
final regulatory
"(1) a succinct statement of the need for, and the objectives
of,
flexibility analysis shall contain--,
"(1) a succinct statement of the need for, and the objectives
of, the rule;
"(2) a summary of the issues raised by the public comments in
response to the initial regulatory flexibility analysis, a summary
of the assessment of the agency of such issues, and a statement of
any changes made in the proposed rule as a result of such
comments; and
"(3) a description of each of the significant alternatives to
the rule consistent with the stated objectives of applicable
statutes and designed to minimize any significant economic impact
of the rule on small entities which was considered by the agency,
and a statement of the reasons why each one of such alternatives
was rejected.
"(b) The agency shall make copies of the final regulatory flexibility
analysis available to members of the public and shall publish in the
Federal Register at the time of publication of the final rule under
section 553 of this title // 5 USC 553. // a statement describing how
the public may obtain such copies.
" Section 605. // 5 USC 605. // Avoidance of duplicative or
unnecessary analyses
"(a) Any Federal agency may perform the analyses required by section
602, 603, and 604 of this title in conjunction with or as a part of any
other agenda or analysis required by any other law if such other
analysis satisfies the provisions of such sections.
"(b) Sections 603 and 604 of this title shall not apply to any
proposed or final rule if the head of the agency certifies that the rule
will not, if promulgated, have a significant economic impact on a
substantial number of small entities. If the head of the agency makes a
certification under the preceding sentence, the agency shall publish
such certification in the Federal Register, at the time of publication
of general notice of proposed rulemaking for the rule or at the time of
publication of the final rule, along with a succinct statement
explaining the reasons for such certification, and provide such
certification and statement to the Chief Counsel for Advocacy of the
Small Business Administration.
"(c) In order to avoid duplicative action, an agency may consider a
series of closely related rules as one rule for the purposes of sections
602, 603, 604 and 610 of this title.
" Section 606. // 5 USC 606. // Effect on other law
" The requirements of sections 603 and 604 of this title do not alter
in any manner standards otherwise applicable by law to agency action.
" Section 607. // 5 USC 607. // Preparation of analyses
" In complying with the provisions of sections 603 and 604 of this
title, an agency may provide either a quantifiable or numerical
description of the effects of a proposed rule or alternatives to the
proposed rule, or more general descriptive statements if quantification
is not practicable or reliable.
" Section 608. // 5 USC 608. // Procedure for waiver or delay of
completion
"(a) An agency head may waive or delay the completion of some or all
of the requirements of section 603 of this title by publishing in the
Federal Register, not later than the date of publication of the final
rule, a written finding, with reasons therefor, that the final rule is
being promulgated in response to an emergency that makes compliance or
timely compliance with the provisions of section 603 of this title
impracticable.
"(b) Except as provided in section 605(b), an agency head may not
waive the requirements of section 604 of this title. An agency head may
delay the completion of the requirements of section 604 of this title
for a period of not more than one hundred and eighty days after the date
of publication in the Federal Register of a final rule by publishing in
the Federal Register, not later than such date of publication, a written
finding, with reasons therefor, that the final rule is being promulgated
in response to an emergency that makes timely compliance with the
provisions of section 604 of this title impracticable. If the agency
has not prepared a final regulatory analysis pursuant to section 604 of
this title within one hundred and eighty days from the date of
publication of the final rule, such rule shall lapse and have no effect.
Such rule shall not be repromulgated until a final regulatory
flexibility analysis has been completed by the agency.
" Section 609. // 5 USC 609. // Procedures for gathering comments
" When any rule is promulgated which will have a significant economic
impact on a substantial number of small entities, the head of the agency
promulgating the rule or the official of the agency with statutory
responsibility for the promulgation of the rule shall assure that small
entities have been given an opportunity to participate in the rulemaking
for the rule through techniques such as--,
"(1) the inclusion in an advanced notice of proposed
rulemaking, if issued, of a statement that the proposed rule may
have a significant economic effect on a substantial number of
small entities;
"(2) the publication of general notice of proposed rulemaking
in publications likely to be obtained by small entities;
"(3) the direct notification of interested small entities;
"(4) the conduct of open conferences or public hearings
concerning the rule for small entities; and
"(5) the adoption or modification of agency procedural rules to
reduce the cost or complexity of participation in the rulemaking
by small entities.
" Section 610. // 5 USC 610. // Periodic review of rules
"(a) Within one hundred and eighty days after the effective date of
this chapter, each agency shall publish in the Federal Register a plan
for the periodic review of the rules issued by the agency which have or
will have a significant economic impact upon a substantial number of
small entities. Such plan may be amended by the agency at any time by
publishing the revision in the Federal Register. The purpose of the
review shall be to determine whether such rules should be continued
without change, or should be amended or rescinded, consistent with the
stated objectives of applicable statues, to minimize any significant
economic impact of the rules upon a substantial number of such small
entities. The plan shall provide for the review of all such agency
rules existing on the effective date of this chapter within ten years of
that date and for the review of such rules adopted after the effective
date of this chapter within ten years of the publication of such rules
as the final rule. If the head of the agency determines that completion
of the review of existing rules is not feasible by the established date,
he shall so certify in a statement published in the Federal Register and
may extend the completion date by one year at a time for a total of not
more than five years.
"(b) In reviewing rules to minimize any significant economic impact
of the rule on a substantial number of small entities in a manner
consistent with the stated objectives of applicable statutes, the agency
shall consider the following factors--,
"(1) the continued need for the rule;
"(2) the nature of complaints or comments received concerning
the rule from the public;
"(3) the complexity of the rule;
"(4) the extent to which the rule overlaps, duplicates or
conflicts with other Federal rules, and, to the extent feasible,
with State and local governmental rules; and
"(5) the length of time since the rule has been evaluated or
the degree to which technology, economic conditions, or other
factors have changed in the area affected by the rule.
"(c) Each year, each agency shall publish in the Federal Register a
list of the rules which have a significant economic impact on a
substantial number of small entities, which are to be reviewed pursuant
to this section during the succeeding twelve months. The list shall
include a brief description of each rule and the need for and legal
basis of such rule and shall invite public comment upon the rule.
" Section 611. // 5 USC 611. // Judicial review
"(a) Except as otherwise provided in subsection (b), any
determination by an agency concerning the applicability of any of the
provisions of this chapter to any action of the agency shall not be
subject to judicial review.
"(b) Any regulatory flexibility analysis prepared under sections 603
and 604 of this title and the compliance or noncompliance of the agency
with the provisions of this chapter shall not be subject to judicial
review. When an action for judicial review of a rule is instituted, any
regulatory flexibility analysis for such rule shall constitute part of
the whole record of agency action in connection with the review.
"(c) Nothing in this section bars judicial review of any other impact
statement or similar analysis required by any other law if judicial
review of such statement or analysis is otherwise provided by law.
" Section 612. // 5 USC 612. // Reports and intervention rights
"(a) The Chief Counsel for Advocacy of the Small Business
Administration shall monitor agency compliance with this chapter and
shall report at least annually thereon to the President and to the
Committees on the Judiciary of the Senate and House of Representatives,
the Select Committee on Small Business of the Senate and the Committee
on Small Business of the House of Representatives.
"(b) The Chief Counsel for Advocacy of the Small Business
Administration is authorized to appear as amicus curiae in any action
brought in a court of the United States to review a rule. In any such
action, the Chief Counsel is authorized to present his views with
respect to the effect of the rule on small entities.
"(c) A court of the United States shall grant the application of the
Chief Counsel for Advocacy of the Small Business Administration to
appear in any such action for the purposes described in subsection
(b).".
Sec. 4. The provisions of this Act // 5 USC 601 // shall take effect
January 1, 1981, except that the requirements of sections 603 and 604 of
title 5, United States Code (as added by section 3 of this Act) shall
apply only to rules for which a notice of proposed rulemaking is issued
on or after January 1, 1981.
Approved September 19, 1980.
LEGISLATIVE HISTORY
SENATE REPORT No. 96 - 878 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 126 (1980):
Aug. 6, considered and passed Senate.
Sept. 8, 9, considered and passed House.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 16, No. 38:
Sept. 19, Presidential statement.
PUBLIC LAW 96-353, 94 STAT, 1163
proclamation designating September
18, 1980, as " Constantino Brumidi Day".
Whereas Constantino Brumidi, born in Rome, Italy, on July 26, 1805,
landed at New York Harbor on September 18, 1852, as a political exile,
making his flight from Italy to the United States because of his love
for liberty; and
Whereas Brumidi's love for his adopted country led him to seek
citizenship two years after his arrival; and
Whereas the artist's love for liberty joined his love for art and his
love of country as he spent the last twenty-five years of his life
embellishing the United States Capitol, including the corridors of the
Senate wing, the formal offices of the President and the Vice President,
the Senate reception room, the present House and Senate Appropriations
Committee rooms, and the rotunda; and
Whereas in 1877, at the age of seventy-two, Brumidi began his last
work, the fresco frieze encircling the top of the rotunda, and fell from
a slipped scaffolding three years later while attempting to complete
part of the work, and though not injured, suffered a shock so great that
he was never able to return to work; and
Whereas Brumidi died as a result of this experience three months
later in February 1880; and
Whereas the Congress recognizes the artist's devotion and talent
which earned him the nickname of the " Michelangelo of the Capitol of
the United States"; and
Whereas the year 1980 marks the one hundred and seventy-fifth
anniversary of the birth, and the one hundredth anniversary of the death
of Constantino Brumidi: 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 September
18, 1980, as " Constantino Brumidi Day" and calling upon the people of
the United States, State and local government agencies, and interested
organizations to observe that week with appropriate ceremonies,
activities, and programs.
Approved September 19, 1980.
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, Vol. 126 (1980):
Sept. 3, considered and passed House.
Sept. 17, considered and passed Senate, in lieu of S.J. Res.
197.
PUBLIC LAW 96-352, 94 STAT, 1162
Veterans Administration for
the fiscal year ending September 30, 1980.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the following sum is
appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 1980, namely:
For an additional amount for " Readjustment benefits", $40,000,000,
to remain available until expended.
For an additional amount for " Periodic censuses and programs",
$27,000,000, to remain available until expended.
Approved September 17, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT: No. 96 - 1311 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 126 (1980):
Sept. 15, considered and passed House.
Sept. 16, considered and passed Senate, amended; House
concurred in Senate amendment.
PUBLIC LAW 96-351, 94 STAT, 1161
Mariana Islands in the
Armed Forces of the United States of America.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That notwithstanding the
provisions of sections 3253 and 8253 of title 10, United States Code, //
10 USC 3253 // and in accordance with a Convenant to Establish a
Commonwealth of the Northern Mariana Islands in Political Union with the
United States of America (approved on March 24, 1976, by Public Law 94 -
241), a citizen of the Northern Mariana Islands who indicates in writing
to a commissioned officer of the Armed Forces of the United States of
America an intent to become a citizen, and not a national, of the United
States upon full implementation of such Covenant, and who is otherwise
qualified for military service under applicable laws and regulations,
may enlist in the Armed Forces of the United States of America.
Sec. 2. This Act // 10 USC 3253 // shall expire upon the
establishment of the Commonwealth of the Northern Mariana Islands.
Approved September 15, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 468 (Comm. on Armed Services).
SENATE REPORT No. 96 - 851 (Comm. on Armed Services).
CONGRESSIONAL RECORD:
Vol. 125 (1979): Oct. 15, considered and passed House.
Vol. 126 (1980): July 25, considered and passed Senate,
amended. Aug. 28, House concurred in Senate amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS:
Vol. 16, No. 38 (1980): Sept. 15, Presidential statement.
PUBLIC LAW 96-350, 94 STAT, 1159
of laws relating to the
importation of controlled substances, 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) // 21 USC 955a.
// it is unlawful for any person on board a vessel of the United
States, or on board a vessel subject to the jurisdiction of the United
States on the high seas, to knowingly or intentionally manufacture or
distribute, or to possess with intent to manufacture or distribute, a
controlled substance.
(b) It is unlawful for a citizen of the United States on board any
vessel to knowingly or intentionally manufacture or distribute, or to
possess with intent to manufacture or distribute, a controlled
substance.
(c) It is unlawful for any person on board any vessel within the
customs waters of the United States to knowingly or intentionally
manufacture or distribute, or to possess with intent to manufacture or
distribute, a controlled substance.
(d) It is unlawful for any person to possess, manufacture, or
distribute a controlled substance--,
(1) intending that it be unlawfully imported into the United
States; or
(2) knowing that it will be unlawfully imported into the United
States.
(e) Subsections (a), (b), and (c) do not apply to a common or
contract carrier, or an employee thereof, who possesses or distributes a
controlled substance in the lawful and usual course of the carrier's
business or to a public vessel of the United States, or any person on
board such a vessel who possesses or distributes a controlled substance
in the lawful course of his duties, if the controlled substance is a
part of the cargo entered in the vessel's manifest and is intended to be
lawfully imported into the country of destination for scientific,
medical, or other legitimate purposes. It shall not be necessary for
the United States to negative the exception set forth in this subsection
in any complaint, information, indictment, or other pleading or in any
trial or other proceeding. The burden of going forward with the
evidence with respect to this exception is upon the person claiming its
benefit.
(f) Any person who violates this section shall be tried in the United
States district court at the point of entry where that person enters the
United States, or in the United States District Court for the District
of Columbia.
(g)(1) Any person who commits an offense defined in subsection (a),
(b), (c) or (d) of this section shall be punished in accordance with the
penalties set forth in section 1010 of the Comprehensive Act. // 21 USC
960. //
(2) Notwithstanding paragraph (1) of this subsection, any person
convicted of an offense under this Act shall be punished in accordance
with the penalties set forth in section 1012 of the Comprehensive Act //
21 USC 962. // if such offense is a second or subsequent offense as
defined in section 1012(b) of that Act.
(h) This section is intended to reach acts of possession,
manufacture, or distribution committed outside the territorial
jurisdiction of the United States.
Sec. 2. As used in this Act--, // 21 USC 955b. //
(a) " Customs waters" means those waters as defined in section 401(
j) of the Tariff Act of 1930 (19 U.S.C. 1401(j)).
(b) " High seas" means all waters beyond the territorial seas of the
United States and beyond the territorial seas of any foreign nation.
(c) " Vessel of the United States" means any vessel documented under
the laws of the United States, or numbered as provided by the Federal
Boat Safety Act of 1971, // 46 USC 1451 // as amended, or owned in whole
or in part by the United States or a citizen of the United States, or a
corporation created under the laws of the United States, or any State,
Territory, District, Commonwealth, or possession thereof, unless the
vessel has been granted nationality by a foreign nation in accordance
with article 5 of the Convention on the High Seas, 1958. // 13 UST 2315.
//
(d) " Vessel subject to the jurisdiction of the United States"
includes a vessel without nationality or a vessel assimilated to a
vessel without nationality, in accordance with paragraph (2) of article
6 of the Convention on the High Seas, 1958.
(e) " Comprehensive Act" means the Comprehensive Drug Abuse Control
and Prevention Act of 1970 (21 U.S.C. 801 - 966). All terms used in
this Act that are defined in the Comprehensive Act have the meanings
assigned to them by that Act.
Sec. 3. Any person who attempts or conspires to commit any offense
defined in this Act // 21 USC 955c. // is punishable by imprisonment or
fine or both which may not exceed the maximum punishment prescribed for
the offense, the commission of which was the object of the attempt or
conspiracy.
Sec. 4. Any property described in section 511(a) of the
Comprehensive Act // 21 USC 955d. // that is used or intended for use
to commit, or to facilitate the commission of, an offense under this Act
shall be subject to seizure and forfeiture in the same manner as similar
property seized or forfeited under section 511 of the Comprehensive Act.
Approved September 15, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 323 (Comm. on Merchant Marine and Fisheries).
SENATE REPORT No. 96 - 855 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD:
Vol. 125 (1979): July 23, considered and passed House.
Vol. 126 (1980): July 24, considered and passed Senate,
amended. July 31, House concurred in certain Senate amendments, in
others with amendments. Sept. 3, Senate concurred in House
amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS:
Vol. 16, No. 38 (1980): Sept. 15, Presidential statement.
PUBLIC LAW 96-349, 94 STAT, 1154, ANTITRUST PROCEDURAL IMPROVEMENTS
ACT OF 1980
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 // 15 USC
1311 // may be cited as the " Antitrust Procedural Improvements Act of
1980".
DISCOVERY
Sec. 2. (a) Section 2 of the Antitrust Civil Process Act (15 U.S.C.
1311; 76 Stat. 548) is amended--,
(1) in subsection (g), by striking out "; and" at the end
thereof and inserting in lieu thereof the following: ", and any
product of discovery;";
(2) in subsection (h), by striking out the period at the end
thereof and inserting in lieu thereof a semicolon; and
(3) by adding at the end thereof the following new paragraph:
"(i) The term 'product of discovery' includes without
limitation the original or duplicate of any deposition,
interrogatory, document, thing, result of the inspection of land
or other property, examination, or admission obtained by any
method of discovery in any judicial litigation or in any
administrative litigation of an adversarial nature; and digest,
analysis, selection, compilation, or any derivation thereof; and
any index or manner of access thereto; and".
(b)(1) Section 3(a) of the Antitrust Civil Process Act (15 U.S.C.
1312(a)) is amended by adding at the end thereof the following new
sentence: " Whenever a civil investigative demand is an express demand
for any product of discovery, the Attorney General or the Assistant
Attorney General in charge of the Antitrust Division shall cause to be
served, in any manner authorized by this section, a copy of such demand
upon the person from whom the discovery was obtained and notify the
person to whom such demand is issued of the date on which such copy was
served.".
(2) Section 3(b) of that Act (15 u.s.c. 1312(b)) is amended by adding
at the end thereof the following new sentence: " Any such demand which
is an express demand for any product of discovery shall not be returned
or returnable until twenty days after a copy of such demand has been
served upon the person from whom the discovery was obtained.".
(3) Section 3(c) of that Act (15 U.S.C. 1312(c)) is amended--,
(A) by inserting "(1)" immediately after "(c)";
(B) by striking out "(1)" and inserting in lieu thereof "(A)";
(C) by striking out "(2)" and inserting in lieu thereof "(B)";
and
(D) by adding at the end therof the following new paragraph:
"(2) Any such demand which is an express demand for any product of
discovery supersedes any inconsistent order, rule, or provision of law
(other than this Act) preventing or restaining disclosure of such
product of discovery to any person. Disclosure of any product of
discovery pursuant to any such express demand does not constitute a
waiver of any right or privilege, including without limitation any right
or privilege which may be invoked to resist discovery of trial
preparation materials, to which the person making such disclosure may be
entitled.".
(4) Paragraph (3) of section 4(c) of that Act (15 U.S.C. 1313(c)(3))
is amended by inserting immediately after "transcripts" the second place
it appears the following: ", and, in the case of any product of
discovery produced pursuant to an express demand for such material, of
the person from whom the discovery was obtained".
(5) Section 5 of that Act (15 U.S.C. 1314) is amended--,
(A) by amending subsection (b) to read as follows:
"(b)(1) Within twenty days after the service of any such demand upon
any person, or at any time before the return date specified in the
demand, whichever period is shorter, or within such period exceeding
twenty days after srvice or in excess of such return date as may be
prescribed in writing, subsequent to service, by any antitrust
investigator named in the demand, such person may file and serve upon
such antitrust investigator, and in the case of an express demand for
any product of discovery upon the person from whom such discovery was
obtained, a petition for an order modifying or setting aside such
demand--,
"(A) in the district court of the United States for the
judicial district within which such person resides, is found, or
transacts business; or
"(B) in the case of a petition addressed to an express demand
for any product of discovery, only in the district court of the
United States for the judicial district in which the proceeding in
which such discovery was obtained is or was last pending.
"(2) The time allowed for compliance with the demand in whole or in
part as deemed proper and ordered by the court shall not run during the
pendency of such petition in the court, except that such person shall
comply with any portions of the demand not sought to be modified or set
aside. Such petition shall specify each ground upon which the
petitioner relies in seeking such relief and may be based upon any
failure of such demand to comply with the provisions of this Act, or
upon any constitutional or other legal right or privilege of such
person.";
(B) by redesignating subsections (c), (d), (e), and (f) as
subsections (d), (e), (f), and (g), respectively;
(C) by inserting immediately after subsection (b) the following
new subsection:
"(c) Whenever any such demand is an express demand for any product of
discovery, the person from whom such discovery was obtained may file, at
any time prior t compliance with such express demand, in the district
court of the United States for the judicial district in which the
proceeding in which such discovery was obtained is or was last pending,
and serve upon any antitrust investigator named in the demand and upon
the recipient of the demand, a petition for an order of such court
modifying or setting aside those portions of the demand requiring
production of any such product of discovery. Such petition shall
specify each ground upon which the petitioner relies in seeking such
relief and may be based upon any failure of such portions of the demand
to comply with the provisions of this Act, or upon any constitutional or
other legal right or privilege of the petitioner. During the pendency
of such petition, the court may stay, as it deems proper, compliance
with the demand and the running of the time allowed for compliance with
the demand."; and
(D) in subsection (d), as that subsection has been redesignated
by subparagraph (B), by inserting immediately after "such person"
the following: ", and, in the case of an express demand for any
product of discovery, the person from whom such discovery was
obtained,".
Sec. 3. Section 1927 of title 28, United States Code, is amended--,
(1) by striking out "as to increase costs"; and
(2) by striking out "such excess costs" and inserting in lieu
thereof "the excess costs, expenses, and attorneys' fees
reasonably incurred because of such conduct".
Sec. 4. (a)(1) Section 4 of the Clayton Act (15 U.S.C. 15) is
amended by adding at the end thereof the following new sentences: " The
court may award under this section, pursuant to a motion by such person
promptly made, simple interest on actual damages for the period
beginning on the date of service of such person's pleading setting forth
a claim under the antitrust laws and ending on the date of judgment, or
for any shorter period therein, if the court finds that the award of
such interest for such period is just in the circumstances. In
determining whether an award of interest under this section for any
period is just in the circumstances, the court shall consider only--,
"(1) whether such person or the opposing party, or either
party's representative, made motions or asserted claims or
defenses so lacking in merit as to show that such party or
representative acted intentionally for delay, or otherwise acted
in bad faith;
"(2) whether, in the course of the action involved, such person
or the opposing party, or either party's representative, violated
any applicable rule, statute, or court order providing for
sanctions for dilatory behavior or otherwise providing for
expeditious proceedings; and
"(3) whether such person or the opposing party, or either
party's representative, engaged in conduct primarily for the
purpose of delaying the litigation or increasing the cost
thereof.".
(2) Section 4 A of the Clayton Act (15 U.S.C. 15a) is amended by
adding at the end thereof the following new sentences: " The court may
award under this section, pursuant to a motion by the United States
promptly made, simple interest on actual damages for the period
beginning on the date of service of the pleading of the United States
setting forth a claim under the antitrust laws and ending on the date of
judgment, or for any shorter period therein, if the court finds that the
award of such interest for such period is just in the circumstances. In
determining whether an award of interest under this section for any
period is just in th circumstances, the court shall consider only--,
"(1) whethe the United States or the opposing party, or either
party's representative, made motions or asserted claims or
defenses so lacking in merit as to show that such party or
representative acted intentionally for delay or otherwise acted in
bad faith;
"(2) whether, in the course of the action involved, the United
States or the opposing party, or either party's representative,
violated any applicable rule, statute, or court order providing
for sanctions for dilatory behavior or otherwise providing for
expeditious proceedings;
"(3) whether the United States or the opposing party, or either
party's representative, engaged in conduct primarily for the
purpose of delaying the litigation or increasing the cost thereof;
and
"(4) whether the award of such interest is necessary to
compensate the United States adequately for the injury sustained
by the United States.".
(3) Section 4 C(a)(2) of the Clayton Act (15 U.S.C. 15c(a)(2)) is
amended by adding at the end thereof the following new sentences: " The
court may award under this paragraph, pursuant to a motion by such State
promptly made, simple interest on the total damage for the period
beginning on the date of service of such State's pleading setting forth
a claim under the antitrust laws and ending on the date of judgment, or
for any shorter period therein, if the court finds that the award of
such interest for such period is just in the circumstances. In
determining whether an award of interest under this paragraph for any
period is just in the circumstances, the court shall consider only--,
"(A) whether such State or the opposing party, or either
party's representative, made motions or asserted claims or
defenses so lacking in merit as to show that such party or
representative acted intentionally for delay or otherwise acted in
bad faith;
"(B) whether, in the course of the action involved, such State
or the opposing party, or either party's representative, violated
any applicable rule, statute, or court order providing for
sanctions for dilatory behavior or otherwise providing for
expeditious proceedings; and
"(C) whether such State or the opposing party, or either
party's representative, engaged in conduct primarily for the
purpose of delaying the litigation or increasing the cost
thereof.".
(b) The amendments made by this section // 15 USC 15 // shall apply
only with respect to actions commenced after the date of the enactment
of this Act.
Sec. 5. (a) Section 5(a) of the Clayton Act (15 U.S.C. 16(a)) is
amended--,
(1) by striking out "or by the United States under section 4
A,";
(2) by striking out "or to judgments or decrees entered in
actions under section 4 A"; and
(3) by inserting at the end thereof the following new sentence:
" Nothing contained in this section shall be construed to impose
any limitation on the application of collateral estoppel, except
that, in any action or proceeding brought under the antitrust
laws, collateral estoppel effect shall not be given to any finding
made by the Federal Trade Commission under the antitrust laws or
under section 5 of the Federal Trade Commission Act
// 15 USC 45. //
which could give rise to a claim for relief under the antitrust
laws.".
(b) The amendments made by this section // 15 USC 16 // shall not
apply with respect t any actions brought by or on behalf of the United
States under the antitrust laws before the date of the enactment of this
Act.
Sec. 6. (a) Section 7 of the Clayton Act (15 U.S.C. 18) is
amended--,
(1) by striking out "corporation" each place it appears in the
first and second paragraphs and inserting in lieu thereof "person"
in each such place;
(2) by striking out "corporations" in the second paragraph and
in the first sentence of the third paragraph and inserting in lieu
thereof "person"; and
(3) by inserting "or in any activity affecting commerce" after
"commerce" each place it appears in the first three paragraphs.
(b) The amendments made by this section // 15 USC 18 // shall apply
only with respect to acquisitions made after the date of the enactment
of this Act.
Sec. 7. (a)(1) Section 2 of the Antitrust Civil Process Act (15 U.
S.C. 1311), as amended by section 2 of this Act, is further amended by
adding at the end thereof the following new paragraph:
"(j) The term 'agent' includes any person retained by the
Department of Justice in connection with the enforcement of the
antitrust laws.".
(2) Paragraphs (2) and (3) of section 4(c) of the Antitrust Civil
Process Act (15 U.S.C. 1313(c)(2) and (3)) are amended by striking out
"official or employee" each place it appears and inserting in lieu
thereof "official, employee, or agent" in each such place.
(b) Section 1905 of title 18, United States Code, is amended by
inserting after "thereof," the first place it appears the following:
"or agent of the Department of Justice as defined in the Antitrust Civil
Process Act (15 U.S.C. 1311 - 1314),".
Approved September 12, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 96 - 875 (Comm. on the Judiciary) accompanying
H.R. 4048 and No. 96 - 1234 (Comm. of Conference).
SENATE REPORT No. 96 - 238 (Comm. on the Judiciary).
CONGRESSIONAL RECORD:
Vol. 125 (1979): July 20, considered and passed Senate.
Vol. 126 (1980): June 12, H.R. 4048 considered and passed
House; passage vacated and S. 390, amended, passed in lieu. Aug.
18, Senate agreed to conference report. Aug. 28, House agreed to
conference report. (See also the following bills and their
accompanying reports: H.R. 4046, H.R. 4049, H.R. 4050, and H.R.
5949.)
PUBLIC LAW 96-348, 94 STAT, 1152
Forest in the State of
Colorado.
Be it enacted by the Senate and House of Represenatives of the United
States of America in Congress assembled,
Section 1. The exterior boundary of the White River National Forest
in the State of Colorado is hereby modified to include additional areas
of approximately thirty-two thousand three hundred and seven (32,307)
acres and three thousand eight hundred and forty-one (3,841) acres, in
Eagle and Pitkin Counties, respectively, as generally depicted on the
maps entitled " Boundary Modification, White River National Forest,
Colorado" (Minturn Addition and Aspen Addition), dated July 1980.
Sec. 2. Except as provided in section 3 of this Act, all lands owned
by the United States in the areas described in section 1 of this Act are
hereby added to the White River National Forest, and except as provided
in section 4 hereof, shall be administered in accordance with the laws,
rules, and regulations applicable thereto.
Sec. 3. The tracts of land identified in sales applications, Bureau
of Land Management, serial numbers C-14117 and C-28389, shall not become
a part of the White River National Forest unless such applications are
denied, and if they are denied in accordance with the laws, rules, and
regulations applicable thereto, such lands shall become part of the
national forest and be administered in accordance with section 2 of the
date of issuance of the denial.
Sec. 4. Except as provided in this section, nothing in this Act
shall affect the validity or term of any existing withdrawal,
right-of-way, license, lease, easement, or prospecting permit issued
pursuant to the Mineral Leasing Act of 1920, as amended (30 U.S.C. 181
et seq.) covering lands transferred by this Act. Any other existing
permit or grazing authorization covering lands transferred by this Act
is hereby canceled effective December 31 of the year following enactment
of this Act. During the period between enactment of this Act and said
December 31, such permit or grazing authorization shall continue to be
administered by the agency which initially issued the permit or grazing
authorization. On or before said December 31, the holders of such
permit or grazing authorization may apply for a new permit or grazing
authorization to the agency which acquires administrative jurisdiction
of the land which such prior authorizations cover. The provisions of
section 402(g) of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1752(g)) shall not apply to the termination of any grazing
authorization pursuant to this section.
Sec. 5. For the purpose of section 6 (renumbered section 7 by the
Act of July 11, 1972, 86 Stat. 459) of the Land and Water Conservation
Fund Act of 1965 (78 Stat. 903, as amended; 16 U.S.C. 4601 - 9) // 16
USC 460l-9. // the boundary of the White River National Forest, as
modified by section 1 of this Act, shall be treated as if it were the
boundary of that forest on January 1, 1965.
Sec. 6. The provisions of this Act shall take effect on the date of
enactment of this Act.
Approved September 12, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 599 (Comm. on Interior and Insular Affairs).
SENATE REPORT No. 96 - 664 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
Vol. 125 (1979): Nov. 14, considered and passed House.
Vol. 126 (1980): June 5, considered and passed Senate,
amended. Aug. 21, House concurred in Senate amendment with an
amendment. Aug. 27, Senate agreed to House amendment.
PUBLIC LAW 96-347, 94 STAT, 1150
civilian air traffic controllers
of the Department of Defense shall be treated the
same as air traffic controllers
of the Department of Transportation for purposes of
retirement, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) section 2109 of
title 5, United States Code, is amended to read as follows:
" Section 2109. // 5 USC 2109. // Air traffic controller; Secretary
" For the purpose of this title--,
"(1) 'air traffic controller' or 'controller' means an employee
of the Department of Transportation or the Department of Defense
who, as determined under regulations prescribed by the Secretary,
is actively engaged in the separation and control of air traffic,
or is the immediate supervisor of an employee actively engaged in
the separation and control of air traffic, in an air traffic
control facility; and
"(2) ' Secretary', when used in connection with 'air traffic
controller' or 'controller', means the Secretary of Transportation
with respect to controllers in the Department of Transportation,
and the Secretary of Defense with respect to controllers in the
Department of Defense.".
(b) Sections 3307(b), 3381(a), 3382 3383(a), 3384, 3385, and 8335(a)
of title 5, United States Code, are each amended by striking out "
Secretary of Transportation" each place it appears and inserting in lieu
thereof " Secretary".
(c)(1) Section 3381(c)(1) of title 5, United States Code, is amended
by striking out "in the Department of Transportation" and inserting in
lieu thereof "in the Executive agency in which the controller is
employed".
(2) Section 3383(b)(2) of title 5, United States Code, is amended by
striking out "the Department of Transportation" and inserting in lieu
thereof "the Executive agency in which the controller is employed".
(3) Section 3383(d) of title 5, United States Code, is amended by
striking out "within the Department of Transportation" and inserting in
lieu thereof "within the Executive agency in which such controller is
employed".
(d) The analysis of chapter 21, of title 5, United States Code, is
amended by striking out the item relating to section 2109 and inserting
in lieu thereof the following: "2109. Air traffic controller;
Secretary.".
Sec. 2. Section 8335(a) of title 5, United States Code, // 5 USC
8335 // shall not apply to an individual appointed as an air traffic
controller in the Department of Defense before the date of the enactment
of this Act.
Sec. 3. This Act // 5 USC 2109 // shall take effect on the later
of--,
(1) October 1, 1980, or
(2) the ninetieth day after the date of the enactment of this
Act.
Approved September 12, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 1076 (Comm. on Post Office and Civil Service).
SENATE REPORT No. 96 - 902 (Comm. on Governmental Affairs).
CONGRESSIONAL RECORD, Vol. 126 (1980):
June 9, considered and passed House.
Aug. 27, considered and passed Senate.
PUBLIC LAW 96-346, 94 STAT, 1148
States Code, to increase the
maximum rates for per diem and actual subsistence
expenses and mileage
allowances of Government employees on official travel,
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 5702 of
title 5, United States Code, is amended--,
(1) by striking out "$35" in subsection (a) and inserting in
lieu thereof "$50";
(2) by striking out "$50" in subsection (c) and inserting in
lieu thereof "$75"; and
(3) by striking out "$21" in subsection (d) and inserting in
lieu thereof "$33".
Sec. 2. Section 5704 of title 5, United States Code, is amended--,
(1) by striking out "11 cents" in subsection (a)(1) and
inserting in lieu thereof "20 cents";
(2) by striking out "20 cents" in subsection (a)(2) and
inserting in lieu thereof "25 cents"; and
(3) by striking out "24 cents" in subsection (a)(3) and
inserting in lieu thereof "45 cents".
Sec. 3. // 5 USC 5702 // To make available to Congress information in
order that it may evaluate and reduce excessive per diem and mileage
allowance payments:
(a) The Administrator of General Services shall, based upon a
sampling survey, collect by fiscal year the following information
(compiled separately for payments made under sections 5702 and 5704 of
title 5, United States Code, and for each agency evaluated) with respect
to agencies spending more than $5,000,000 annually on transportation of
people:
(1) identification of the general causes and purposes of
travel, both foreign and domestic, estimates of total payments,
average cost and duration of trip, and an explanation of how these
estimates were determined; and
(2) identification by specific agency of travel practices which
appear to be inefficient from a travel management or program
management standpoint and recommendations to the Congress on the
applicability of alternatives to travel as well as other
techniques to improve the use of travel in carrying out program
objectives by relating travel to mission.
(b)(1) The Administrator shall report the information required by
subsection (a) to the Congress for fiscal year 1979 by February 1, 1981;
for fiscal year 1980 by June 1, 1981; and for fiscal year 1981 by June
1, 1982.
(2) The Administrator is empowered to issue such rules and
regulations as are necessary to ensure that the information is submitted
by the various agencies to him in a manner that permits comparisons
among the agencies and to permit him to compile the information required
to be included in the annual report.
Approved September 10, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 1021 (Comm. on Government Operations).
SENATE REPORT No. 96 - 904 (Comm. on Governmental Affairs).
CONGRESSIONAL RECORD, Vol. 126 (1980):
June 9, considered and passed House.
Aug. 27, considered and passed Senate.
PUBLIC LAW 96-345, 94 STAT, 1139, WIND ENERGY SYSTEMS ACT OF 1980
research, development, and
demonstration, to be carried out by the Department of
Energy with the support of
the National Aeronautics and Space Administration
and other Federal agencies,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act // 42 USC
9201 // may be cited as the " Wind Energy Systems Act of 1980".
Sec. 2. // 42 USC 9201. // (a) The Congress finds that--,
(1) the United States is faced with a finite and diminishing
resource base of native fossil fuels and, as a consequence, must
develop as quickly as possible a diversified, pluralistic national
energy capability and posture;
(2) the current imbalance between supply and demand for fuels
and energy in the United States is likely to grow for many years;
(3) it is in the Nation's interest to provide opportunities for
the increased production of electricity from renewable energy
sources;
(4) the early wide-spread utilization of wind energy for the
generation of electricity and for mechanical power could lead to
relief on the demand for existing non-renewable fuel and energy
supplies;
(5) the use of large wind energy systems for certain limited
applications is already economically feasible;
(6) the use of small wind energy systems for certain
applications is already economically feasible, and therefore, the
Federal Government should not undertake any financial incentive or
financial initiative which may detrimentally affect commercial
markets for small wind energy systems;
(7) an aggressive research, development and demonstration
program to accelerate widespread utilization of wind energy should
solve existing technical problems of converting wind energy into
electricity and mechanical energy and, supported by an assured and
growing market for wind energy systems during the next decade,
should maximize the future contribution of wind energy to the
Nation's future energy production;
(8) it is the proper and appropriate role of the Federal
Government to undertake research and development, to participate
in demonstration programs for wind energy systems, and to assist
private industry, other entities, and the general public in
hastening the widespread utilization of such systems;
(9) the widespread use of wind energy systems to supplement and
replace conventional methods for the generation of electricity and
mechanical power would have a beneficial effect upon the
environment;
(10) the evaluation of the performance and reliability of wind
energy technologies can be expedited by the testing of prototypes
under carefully controlled conditions;
(11) innovation and creativity in the development of components
and systems for converting wind energy into electricity and
mechanical energy can be fostered through encouraging direct
contact between the manufacturers of such components and systems
and utilities and other persons interested in utilizing such
components and systems; and
(12) consistent with the findings of the Domestic Policy Review
on Solar Energy, wind energy can potentially contribute 1.7 quads
of energy per year by the year 2000.
(b) It is declared to be the policy of the United States and the
purpose of this Act to establish during the next eight years an
aggressive research, development, demonstration, and technology
applications program for converting wind energy into electricity and
mechanical energy. It is declared to be the further policy of the
United States and the purpose of this Act that the objectives of such
program are--,
(1) to reduce the average cost of electricity produced by
installed wind energy systems, by the end of fiscal year 1988, to
a level competitive with conventional energy sources;
(2) to reach a total megawatt capacity in the United States
from wind energy systems, by the end of fiscal year 1988, of at
least eight hundred megawatts, of which at least one hundred
megawatts are provided by small wind energy systems; and
(3) to accelerate the growth of a commercially viable and
competitive industry to make wind energy systems available to the
general public as an option in order to reduce national
consumption of fossil fuel.
Sec. 3. // 42 USC 9202. // For purposes of this Act--,
(1) the term "wind energy system" means a system of components
which converts the kinetic energy of the wind into electricity or
mechanical power, and which comprises all necessary components,
including energy storage, power conditioning, control systems, and
transmission systems, where appropriate, to provide electricity or
mechanical power for individual, residential, agricultural,
commercial, industrial, utility, or governmental use;
(2) the term "small wind energy system" means a wind energy
system having a maximum rated capacity of one hundred kilowatts or
less;
(3) the term "large wind energy system" means a wind energy
system which is not a small wind energy system;
(4) the term "public and private entity" means any individual,
corporation, partnership, firm, association, agricultural
cooperative, public-or investor-owned utility, public or private
institution or group, any State or local government agency, or any
other domestic entity;
(5) the term "known wind resource" means a site with an
estimated average annual wind velocity of at least twelve miles
per hour;
(6) the term "conventional energy source" means energy produced
from oil, gas, coal, and nuclear fuels; and
(7) the term " Secretary" means the Secretary of Energy.
Sec. 4. // 42 USC 9203. // (a) The Secretary shall prepare a
comprehensive program management plan for the research, development,
demonstration, and technology application activities to carry out the
purposes of this Act. The program activities shall be conducted in
accordance with such comprehensive plan which shall include--,
(1) a five-year program for small wind energy systems,
(2) an eight-year program for large wind energy systems, and
(3) a three-year program for wind resource assessment
which shall be consistent with the provisions of sections 5, 6, and 7.
In the preparation of such plan, the Secretary shall consult with the
Administrator of the National Aeronautics and Space Administration, the
Secretary of the Interior, and the heads of such other Federal agencies
and such public and private organizations as he deems appropriate.
(b) The Secretary shall transmit the comprehensive program management
plan to the Committee on Science and Technology of the House of
Representatives and the Committee on Energy and Natural Resources of the
Senate within nine months after the date of the enactment of this Act.
(c) Concurrently with the submission of the President's annual budget
to the Congress for each year after the year in which the comprehensive
plan is initially transmitted under subsection (b), the Secretary shall
transmit to the Congress a detailed description of the comprehensive
plan as then in effect, setting forth the modifications which may be
necessary to appropriately revise such plan and any changes in
circumstances which may have occurred since the plan or the last
previous modification thereof was transmitted in accordance with this
section. The detailed description of the comprehensive plan under this
subsection shall include but need not be limited to a statement setting
forth with respect to each of the programs under this Act any changes
in--,
(1) the anticipated research, development, demonstration,and
technology application objectives to be achieved by the program;
(2) the program elements, management structure, and activities,
including any regional aspects and field responsibilities thereof;
(3) the program strategies and technology applications plans,
including detailed milestone goals to be achieved during the next
fiscal year for all major activities and projects;
(4) any significant economic, environmental, and societal
effects which the program may have;
(5) the total estimated cost of individual program items; and
(6) the estimated relative financial contributions of the
Federal Government and non-Federal participants in the program.
Such description shall also include a detailed justification of any such
changes, a detailed description of the progress made toward achieving
the goals of this Act, a statement on the status of interagency
cooperation in meeting such goals, and any legislative or other
recommendations which the Secretary may have to help attain such goals.
Sec. 5. // 42 USC 9204. // (a) The Secretary shall initiate research
and development or accelerate existing research and development in areas
in which the lack of knowledge limits the widespread utilization of wind
energy systems in order to achieve the purposes of this Act.
(b)(1) The Secretary shall continue an aggressive program for the
development of prototypes of advanced wind energy systems.
(2) As often as he deems appropriate, the Secretary shall solicit and
evaluate proposals for the research and development of any new or
improved technologies, which, in the Secretary's opinion, will
contribute to the development of improvements in current wind energy
systems.
(c) The Secretary is authorized to enter into contracts, grants, and
cooperative agreements with public and private entities for the
purchase, fabrication, installation, and testing to obtain scientific,
technological, and economic information from the demonstration of a
variety of prototypes of advanced wind energy systems under a variety of
circumstances and conditions.
(d) In carrying out the responsibilities under this section, the
Secretary is not subject to the requirements of section 553 of title 5,
United States Code, or section 501 of the Department of Energy
Organization Act (42 U.S.C. 7191).
Sec. 6. // 42 USC 9205. // (a) The Secretary shall establish a
technology application program for wind energy systems to achieve the
purposes of this Act by reduction in unit costs of wind energy systems
through mass production and by determination of operating and
maintenance costs through broad operational systems experience.
(b) In achieving the objectives of this section, the Secretary shall
solicit and evaluate proposals for Federal assistance pursuant to
paragraphs (1), (2), and (3) of subsection (c) for investigating,
purchasing, and installing such wind energy systems from public or
private entities wishing to utilize wind energy systems.
(c) In achieving the objectives of this section, the Secretary is
authorized to use various forms of Federal assistance including, but not
limited to--,
(1) contracts and cooperative agreements;
(2) grants;
(3) loans; and
(4) direct Federal procurement.
(d) In carrying out his duties under this Act, the Secretary is
authorized to enter into such contracts and cooperative agreements with
any public or private entity as may be necessary or appropriate for the
production and utilization of large and small wind energy systems in
quantities sufficient to achieve the objectives of this section.
(e) In carrying out his duties under this Act, the Secretary shall,
within six months of the date of enactment of this Act, establish
procedures to allow any public or private entity wishing to install a
large wind energy system to apply for and, upon meeting such terms and
conditions as the Secretary may prescribe, to receive a direct grant for
a portion of the total purchase and installation cost of such wind
energy system: Provided, That grants for the portion of such cost in
the case of large wind energy systems shall not exceed (A) 50 per centum
of such cost during the first six years of the program under this
subsection, and (B) 25 per centum of such cost during the seventh or
eighth year of the program.
(f)(1) In carrying out his duties under this Act, the Secretary
shall, within six months of the date of enactment of this Act, establish
procedures to allow public or private entities wishing to install a
small or large wind energy system to apply for and, upon meeting such
terms and conditions as the Secretary may prescribe, to receive loans
for up to 75 per centum of the total purchase and installation costs of
wind energy systems providing in the aggregate up to three hundred and
twenty megawatts peak generating capacity involving at a minimum four
projects: Provided, That no such loan in any fiscal year shall be for
more than 50 per centum of the amount appropriated under this Act for
such fiscal year.
(2) Each loan shall be for a term which the Secretary deems
appropriate, but no loan shall exceed twenty years beyond the date the
wind energy system becomes operational.
(3) Each loan made pursuant to this section shall bear interest at
the discount or interest rate used at the time the loan is made for
water resource planning projects under section 80 of the Water Resources
Development Act of 1974 (42 U.S.C. 1962(d)-17(a)). // 42 USC 1962d-17.
// Such loan can be prepaid at any time without prepayment penalty and
shall be contingent upon such other terms and conditions prescribed by
the Secretary.
(g)(1) In carrying out his duties under this Act, the Secretary is
authorized to provide funds for the accelerated procurement and
installation of small and large wind energy systems by Federal agencies.
(2) The Secretary is authorized to enter into arrangements with
appropriate Federal agencies, including the Water and Power Resources
Services and the Federal power marketing agencies for large wind energy
systems, to carry out such projects and activities as may be appropriate
for the broad technology applications of small and large wind energy
systems which are suitable and effective for use by such Federal
agencies.
(h) The terms and conditions prescribed by the Secretary under this
subsection shall require such observation, monitoring, and reporting
requirements as the Secretary deems necessary for a period of five years
and shall provide for members of the public to view and inspect the
system under reasonable conditions.
(i) New Federal assistance for technology applications systems shall
terminate upon the appropriate determination by the Secretary, in the
annual update of the comprehensive program management plan pursuant to
section 4. Termination of the small wind energy systems program shall
occur when the Secretary finds that such systems have become
economically competitive with conventional energy sources, or on
September 30, 1985, whichever occurs first. Termination of the large
wind energy systems program shall occur when the Secretary finds that
such systems have become economically competitive with conventional
energy sources, or on September 30, 1988, whichever occurs first.
Sec. 7. // 42 USC 9206. // The Secretary shall initiate a three-year
national wind resource assessment program. As part of such program, the
Secretary shall--,
(1) conduct activities to validate existing assessments of
known wind resources;
(2) perform wind resource assessments in regions of the United
States where the use of wind energy may prove feasible;
(3) initiate a general site prospecting program;
(4) establish standard wind data collection and siting
techniques; and
(5) establish, in consultation with the Administrator of the
National Oceanic and Atmospheric Administration, the Administrator
of the National Aeronautics and Space Administration, and the
Administrator of the Environmental Protection Agency, a national
wind data center which shall make public information available on
the known wind energy resources of various regions throughout the
United States.
Sec. 8. // 42 USC 9207. // The Secretary shall set priorities which
are, as far as possible, consistent with the intent and purposes of this
Act and which are set in accordance with the following criteria:
(1) the construction, operation, and maintenance costs of wind
energy systems shall be minimized;
(2) programs established under this Act shall be conducted with
the express intent of bringing wind energy system costs down to a
level competitive with energy costs from conventional energy
systems;
(3) priority shall be given in the conduct of programs
established under this Act to those projects in which cost-sharing
funds are provided by private, industrial, agricultural, or
governmental entities or utilities; and
(4) to the extent that the Secretary is limited by the
availability of funds to carry out the objectives of this Act,
priority, but not exclusive emphasis, should be given in the early
years of the programs to activities under sections 5 and 7 and in
the later years of the programs to activities under section 6.
Sec. 9. // 42 USC 9208. // (a) The Secretary, in coordination with
such Government agencies as may be appropriate, shall--,
(1) monitor the performance and operation of wind energy
systems installed under this Act;
(2) collect and evaluate data and information on the
performance and operation of wind energy systems installed under
this Act; and
(3) from time to time carry out such studies and investigations
and take such other actions, including the submission of special
reports to the Congress when appropriate, as may be necessary to
assure that the programs for which the Secretary is responsible
under this Act effectively carry out the purposes of this Act.
(b) The Secretary shall also maintain continuing liaison with related
industries and interests and with the scientific and technical community
in order to assure that the benefits of programs under this Act are and
will continue to be realized to the maximum extent feasible.
(c) The Secretary shall assure, subject to section 552 of title 5,
United States Code, and section 1905 of title 18, United States Code,
that full and complete information with respect to any program, project,
or other activity conducted under this Act is made available to Federal,
State, and local authorities, relevant segments of the economy, the
scientific community, and the public so that the early, widespread, and
practical use of wind energy throughout the United States is promoted to
the maximum extent feasible.
Sec. 10. // 42 USC 9209. // The Secretary shall utilize the
technological and management capabilities, equipment, and facilities of
the National Aeronautics and Space Administration to the maximum extent
practicable in carrying out his duties under this Act, and shall enter
into such additional agreements with the Administrator of such
Administration as may be necessary for this purpose.
Sec. 11. // 42 USC 9210. // The Secretary shall--,
(1) initiate and conduct a federal applications study for wind
energysystems, cooperatively with appropriate Federal agencies to
determine the potential for the use of wind systems at specific
Federal facilities; and this study shall--,
sources
in the areas;
systems
at the following agencies as well as any others which
the
Secretary deems necessary:
Aviation
Administration, and the Federal Highway
Administration);
and
use
of wind energy systems for power generation at specific
sites
in Federal Government agencies to the Congress within
twelve months after the date of enactment of this Act;
(2) study the effects, at varying levels of market penetration,
of the widespread utilization of wind energy systems on the
existing electrical utility system;
(3) determine the necessity for, and make recommendations to
the Committee on Energy and Natural Resources of the Senate and
the Committee on Science and Technology of the House of
Representatives within eighteen months after the date of enactment
of this Act on, the need for any additional incentives for either
users or manufacturers, in each of the potential markets for wind
energy systems, to accelerate the widespread utilization of wind
energy technologies;
(4) evaluate the actual performance of wind energy systems in
various applications, including but not limited to residential,
agricultural, large and small scale irrigation pumping,
industrial, commercial, remote nonnetwork utility, and other
applications, and report thereon to the Congress within two years
after the date of enactment of this Act;
(5) initiate and conduct a study involving the prospects for
applications of wind energy systems for power generation in
foreign countries, particularly lesser developed countries and the
potential for the exploration of these energy systems. This study
shall involve the cooperation of the Department of State and the
Department of Commerce, as well as other Federal agencies which
the Secretary deems appropriate. A final report shall be
submitted to the Congress, as well as a preliminary report within
twelve months of the date of enactment of this Act; and
(6) in carrying out his functions under this section, consult
with the appropriate government agencies, industry
representatives, and members of the scientific and technical
community having expertise and interest in this subject.
The Secretary, as appropriate, may merge any continuing or on-going
studies within the Department of Energy or any other Federal agency with
those required under this section to avoid any unnecessary duplication
of effort or funding.
Sec. 12. // 42 USC 9211. // (a) In carrying out his functions under
this Act, the Secretary shall take steps to assure that small business
concerns will have realistic and adequate opportunities to participate
in the programs under this Act to the maximum extent practicable.
(b) The Secretary shall, to the maximum extent practicable, use all
authority provided by law to protect trade secrets and other proprietary
information submitted by small business under this Act and to avoid the
unnecessary disclosure of such information.
(c) The Secretary shall take such steps as may be necessary to assure
compliance with the antitrust laws in the conduct of activities related
to the manufacture or sale of wind energy systems directly or indirectly
assisted under this Act, and shall implement this Act in a manner which
will protect against the creation of noncompetitive market situations in
the conduct of such activities.
Sec. 13. // 42 USC 9212. // (a) Nothing in this Act shall be
construed as preventing the Secretary from undertaking projects or
activities in addition to those specified in this Act if such projects
or activities appropriately further the purposes set forth in this
subsection.
(b) This Act applies to each of the several States, the District of
Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the
Northern Mariana Islands and the territories and possessions of the
United States including the Trust Territory of the Pacific Islands.
Sec. 14. // 42 USC 9213. // (a) There is authorized to be
appropriated to the Secretary to carry out this Act (1) for the fiscal
year ending September 30, 1981, the sum of $100,000,000 (of which
$10,000,000 shall be available exclusively for purposes of section 7),
and (2) for each fiscal year beginning after that date, such sum as may
be authorized by legislation hereafter enacted.
(b) In each of the five years of the small wind energy systems
program, at least 25 per centum of the total authorization for
appropriations under subsection (a) shall be for small wind energy
systems activities, including supporting activities.
Approved September 8, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 96 - 662 (Comm. on Science and Technology) and
No. 96 - 1217 (Comm. of Conference).
SENATE REPORT No. 96 - 753 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
Vol. 125 (1979): Dec. 3, 4, considered and passed House.
Vol. 126 (1980): June 16, considered and passed Senate,
amended. June 20, House concurred in Senate amendment to the text
with an amendment, and concurred in the Senate amendment to the
title. Aug. 6, Senate agreed to conference report. Aug. 26, House
agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS:
Vol. 16, No. 37 (1980): Sept. 8, Presidential statement.
PUBLIC LAW 96-344, 94 STAT, 1133
Buildings and Antiquities Act
of 1935 (49 Stat. 666).
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) in furtherance
of the purposes of subsection 2(e) of the Act of August 21, 1935 (49
Stat. 666), // 16 USC 462 // the Secretary of the Interior may provide
financial assistance for the maintenance and protection of the Folger
Library and the Corcoran Gallery of Art.
(b) Authority to enter into contracts or cooperative agreements, to
incur obligations, or to make payments under this Act shall be effective
only to the extent, and in such amounts, as are provided in advance in
appropriation Acts.
Sec. 2. Section 2 of the Joint Resolution entitled, " To provide for
the preservation and protection of certain lands in Prince Georges and
Charles Counties, Maryland, and for other purposes", approved October 4,
1961 (75 Stat. 780, 781), as amended, is further amended by adding the
following after the final period in subsection (c): " The Secretary is
authorized to cooperate with the Accokeek Foundation in the operation
and maintenance of the National Colonial Farm, and funds appropriated to
the Secretary for operation and maintenance of the farm may be made
available to the Foundation for such purposes, subject to such terms and
conditions as the Secretary may prescribe in furtherance of the purpose
of this Act.".
Sec. 3. // 16 USC 461 // (a) In order to preserve for the benefit and
enjoyment of present and future generations significant properties
associated with the life and cultural achievements of Georgia O' Keeffe,
the Secretary may acquire--,
(1) by donation, the site and structures comprising the home
and studio situated in Abiquiu, New Mexico, and
(2) by purchase, donation, or exchange not to exceed one acre
of detached land for off-site support facilities which the
Secretary of the Interior deems necessary for the purposes of this
section.
The Secretary may also accept the donation of furnishings and other
personal property in connection with the site.
(b) When the site, structures, and other properties authorized for
acquisition under subsection (a) have been transferred to the United
States, the Secretary shall establish the Georgia O' Keeffe National
Historic Site by publication of notice to that effect in the Federal
Register. The national historic site established pursuant to this
section shall be administered by the Secretary in accordance with this
section and the provisions of law generally applicable to the
administration of units of the national park system, including the Act
of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2 - 4), and the Act of
August 21, 1935 (49 Stat. 666; 16 U.S.C. 461 - 7). // 16 USC 461 - 467.
//
(c) There are hereby authorized to be appropriated such sums as may
be necessary to carry out the purposes of this section, not to exceed
$40,000 for acquisition and $100,000 for development.
(d) Within three complete fiscal years from the effective date of
this Act, the Secretary shall submit to the Committee on Interior and
Insular Affairs of the United States House of Representatives and the
Committee on Energy and Natural Resources of the United States Senate, a
comprehensive general management plan for the historic site, pursuant to
the provisions of section 12(b) of the Act of August 18, 1970 (84 Stat.
825; 16 U.S.C. 1a-1 et seq.).
Sec. 4. The Act of October 27, 1972 (86 Stat. 1299; 16 U.S.C.
460bb) is amended as follows:
(1) in subsection 2(a),
// 16 USC 460bb-1. // at the end thereof, add the following: " For
the purposes of this Act, the southern end of the town of Marshall
shall be considered to be the Marshall Boat Works. The following
additional lands are also hereby included within the boundaries of
the recreation area: Marin County Assessor's parcel numbered 119
- 040 - 04, 119 - 040 - 05, 119 - 040 - 18, 166 - 202 - 03, 166 -
010 - 06, 166 - 010 - 07, 166 - 010 - 24, 166 - 010 - 25, 119 -
240 - 19, 166 - 010 - 10, 166 - 010 - 22, 119 - 240 - 03, 119 -
240 - 51, 119 - 240 - 52, 119 - 240 - 54, 166 - 010 - 12, 166 -
010 - 13, and 119 - 235 - 10.".
(2) in subsection 5(b),
// 16 USC 460bb-4. //
change "three" to "five" and add at the end thereof: " Provided,
That the terms of those members who have been either appointed or
reappointed subsequent to January 1, 1979, shall be extended so as
to expire not before June 1, 1985."; and
(3) in subsection 5(g), change "ten" to "twenty".
Sec. 5. The Boston National Historical Park Act of 1974 (88 Stat.
1184) // 16 USC 410z // is amended by inserting the following after the
first sentence of subsection 2(d): " As used in this section, // 16 USC
410z. // the Charlestown Navy Yard shall also include the properties
known as the Ropewalk and Tar House and the Chain Forge and Round House,
designated on such map as buildings numbered 58, 60, and 105.".
Sec. 6. Subsection 4(b) of the Act entitled " An Act to designate
certain lands within units of the National Park System as wilderness;
to revise the boundaries of certain of those units; and for other
purposes", approved October 20, 1976 (90 Stat. 2692, 2694), is amended
by revising the proviso to the first sentence in paragraph (2) to read
as follows: " Provided, however, That, except for not more than
approximately three and thirty-five one-hundredths acres designated
herein as wilderness and approximately eleven and thirteen
one-hundredths acres designated herein as potential wilderness
additions, which may be excluded pursuant to an exchange consummated in
accordance with paragraph (3) of this subsection, lands designated as
wilderness pursuant to this Act may not be excluded from the monument.".
Sec. 7. (a) Section 1 of the Act entitled " An Act to authorize the
Secretary of the Interior to acquire lands for, and to develop, operate,
and maintain, the Golden Spike National Historic Site", approved July
30, 1965 (79 Stat. 426) // 16 USC 461 // is amended by striking out "
Proposed Golden Spike National Historic Site, Utah, prepared by the
National Park Service, Southwest Region, dated February 1963" and
inserting in lieu thereof " Boundary Map, Golden Spike National Historic
Site, Utah, numbered 431 - 80, 026, and dated December 6, 1978".
(b) Section 3 of such Act // 79 Stat. 426. // is amended by striking
out "$5,422,000, as may be necessary for the acquisition of land and
interests in land and for the development" and inserting in lieu thereof
"$348,000 for the acquisition of land and interests in land and
$5,324,000 for development".
(c) Within two years from the effective date of this section, the
Secretary shall complete and submit, in writing, to the Committee on
Interior and Insular Affairs of the United States House of
Representatives and the Committee on Energy and Natural Resources of the
United States Senate, a report on the feasibility of providing passenger
rail service from the city of Ogden, Utah, to the Golden Spike National
Historic Site. Said report shall include an assessment of existing rail
facilities and rolling stock, additional development as might be
required, as well as alternatives with respective costs for the
operation of passenger rail service. There is hereby authorized to be
appropriated not to exceed $100,000 to carry out the provisions of this
subsection.
Sec. 8. Section 8 of the Act // 16 USC 1a-5. // entitled " An Act
to improve the administration of the national park system by the
Secretary of the Interior, and to clarify the authorities applicable to
the system, and for other purposes", approved August 18, 1970 (84 Stat.
825; 16 U.S.C. 1a-1 et seq.), is amended as follows--,
(1) at the end of the second sentence, insert the following new
sentence: " Each such report shall indicate and elaborate on the
theme(s) which the area represents as indicated in the National
Park System Plan."; and
(2) at the end of the fifth sentence, insert the following new
sentence: " Accompanying the annual listing of areas shall be a
synopsis, for each report previously submitted, of the current and
changed condition of the resource integrity of the area and other
relevant factors, compiled as a result of continual periodic
monitoring and embracing the period since the previous such
submission or initial report submission one year earlier.".
Sec. 9. The Land and Water Conservation Fund Act of 1965 (78 Stat.
987; 16 U.S.C. 4601), // 78 Stat. 897; 16 USC 460l-4. // is
amended--,
(1) in subsection 4(a) by deleting the second sentence of
paragraph (2) and substituting the following: " A 'single visit'
means a more or less continuous stay within a designated area.
Payment of a single visit admission fee shall authorize exits from
and reentries to a single designated area for a period of from one
to fifteen days, such period to be defined for each designated
area by the administering Secretary based upon a determination of
the period of time reasonably and ordinarily necessary for such a
single visit.";
(2) by adding at the end of section 4(a) the following new
paragraph:
"(5) The Secretary of the Interior and the Secretary of Agriculture
shall establish procedures providing for the issuance of a lifetime
admission permit to any citizen of, or person domiciled in, the United
States, if such citizen or person applies for such permit, and is blind
or permanently disabled. Such procedures shall assure that such permit
shall be issued only to persons who have been medically determined to be
blind or permanently disabled for purposes of receiving benefits under
Federal law as a result of said blindness or permanent disability as
determined by the Secretaries. Such permit shall be nontransferable,
shall be issued without charge, and shall entitle the permittee and any
person accompanying him in a single, private, noncommercial vehicle, or
alternatively, the permittee and his spouse and children accompanying
him where entry to the area is by any means other than private,
noncommercial vehicle, to general admission into any area designated
pursuant to this subsection."; and
(3) by amending the last sentence of section 4(b)
// 16 USC 460l-6a. //
to read as follows: " Any Golden Age Passport permittee, or
permittee under paragraph (5) of subsection (a) of this section,
shall be entitled upon presentation of such permit to utilize such
special recreation facilities at a rate of 50 per centum of the
established use fee.".
Sec. 10. Title III of the Act entitled " An Act to provide for the
establishment of the Lowell National Historical Park in the Commonwealth
of Massachusetts, and for other purposes", approved June 5, 1978 (92
Stat. 290; 16 U.S.C. 410cc et seq.), is amended by adding at the end
thereof the following new section:
" Sec. 307. // 16 USC 410cc-37. // (a) Any revenues or other assets
acquired by the Commission by donation, the lease or sale of property or
fees for services shall be available to the Commission, without fiscal
year limitation, to be used for any function of the Commission
authorized under this Act. The Commission shall keep financial records
fully disclosing the amount and source of revenues and other assets
acquired by the Commission, and shall keep such othe financial records
as the Secretary may prescribe.
"(b) The Secretary shall require audits of the financial records of
the Commission to be conducted not less frequently than once each year
in order to ensure that revenues and other assets of the Commission are
being used in a manner authorized under this Act.".
Sec. 11. The Act of October 27, 1972 (86 Stat. 1308), is amended--,
(1) in subsection 3(b)
// 16 USC 460cc-2. //
by deleting the word "constructed" and by adding at the end
thereof: " To inform the public of the contributions of
Representative Ryan to the creation of the recreation area, the
Secretary shall provide such signs, markers, maps, interpretive
materials, literature, and programs as he deems appropriate. Not
later than December 31, 1980, the Secretary shall take such
additional actions as he deems appropriate to recognize and
commemorate the contributions of Representative Ryan to the
recreation area."; and
(2) in subsection 4(b)
// 16 USC 460cc-3. //
by changing "eleven members" in the first sentence to "fifteen
members" and by changing "three members" in paragraph (5) to
"seven members".
Sec. 12. The area formerly known as " Moores Creek National Military
Park", established pursuant to the Act of June 2, 1926 (44 Stat. 684),
// 16 USC 422 // shall henceforth be known as the " Moores Creek
National Battlefield".
Sec. 13. Section 201(e)(1) of the Act entitled " An Act to amend the
Pennsylvania Avenue Development Corporation Act of 1972; to provide for
the establishment of the San Antonio Missions National Historical Park;
and for other purposes", approved November 10, 1978 (92 Stat. 3635), //
16 USC 410ee. // is amended--,
(1) by changing "seven members" in the first sentence to
"eleven members", and
(2) by changing "two members" in paragraph (F) to "six
members".
Sec. 14. The National Trails System Act (82 Stat. 919; 16 U.S.C.
1241) is amended by inserting the following new paragraph at the end of
section 5(a): // 16 USC 1244. //
"(9) The Overmountain Victory National Historic Trail, a system
totaling approximately two hundred seventy-two miles of trail with
routes from the mustering point near Abingdon, Virginia, to Sycamore
Shoals (near Elizabethton, Tennessee); from Sycamore Shoals to Quaker
Meadows (near Morganton, North Carolina); from the mustering point in
Surry County, North Carolina, to Quaker Meadows; and from Quaker
Meadows to Kings Mountain, South Carolina, as depicted on the map
identified as Map 3--Historic Features--1780 in the draft study report
entitled ' Overmountain Victory Trail' dated December 1979. The map
shall be on file and available for public inspection in the Office of
the Director, National Park Service, Washington, District of Columbia.
The trail shall be administered by the Secretary of the Interior.".
Sec. 15. The Secretary shall conduct a study to determine
appropriate measures to protect and interpret for the benefit and
education of the public the Falls of the Ohio, including a
three-hundred-million-year-old fossilized coral reef which is exposed
along the Ohio River in the vicinity of Louisville, Kentucky, and
Jeffersonville, Indiana. The Secretary shall, in the course of the
study, consult with and seek the advice of, appropriate scientific
organizations and representatives of interested municipal, State, and
other Federal agencies. Not later than two complete fiscal years from
the effective date of this section, the Secretary shall transmit a
report of the study, including the estimated costs of alternative
measures that may be undertaken to protect and interpret the resources
of the area for the public, to the Committee on Interior and Insular
Affairs of the House of Representatives and the Committee on Energy and
Natural Resources of the Senate, together with his recommendations for
such further legislation as may be appropriate.
Sec. 16. Section 3(a) of the Wild and Scenic Rivers Act // 16 USC
1274. // is amended in paragraph (22) by changing "which may be
established" in the eighth sentence to "which shall be established".
Sec. 17. In order to provide for the appropriate commemoration of
George Meany, past president of the American Federation of Labor and
Congress of Industrial Organizations, and his contributions on behalf of
the working people of the United States, the Secretary is authorized to
investigate sites associated with the life and work of George Meany and
to submit, within two complete fiscal years from the effective date of
this Act, a report thereon to the Committee on Interior and Insular
Affairs of the United States House of Representatives and the Committee
on Energy and Natural Resources of the United States Senate. The
Secretary shall consult with representatives of the family of George
Meany and the President of the American Federation of Labor and Congress
of Industrial Organizations as a part of his investigation.
Sec. 18. The Secretary shall conduct, in consultation with the
National Aeronautics and Space Administration, the Department of
Defense, and any other entities considered by the Secretary to be
appropriate, a study of locations and events associated with the
historical theme of Man in Space. The purpose of such study shall be to
identify the possible locations, components, and features of a new unit
of the national park system commemorative to this theme, with special
emphasis to be placed on the internationally historic event of the first
human contact with the surface of the moon. The study shall investigate
practical methodologies to permanently safeguard from change the
locations, structures, and at least symbolic instrumentation features
associated with this theme, and to display and interpret these for
visitor appreciation. Governmental entities controlling these
locations, structures, and features are hereby requested to preserve
them from destruction or change during the study and congressional
review period insofar as is possible. A comprehensive report derived
from this study, including potential action alternatives, shall be
submitted to the Committee on Interior and Insular Affairs of the United
States House of Representatives and to the Committee on Energy and
Natural Resources of the United States Senate no later than one complete
fiscal year after the effective date of this section.
Sec. 19. As used in this Act, except as otherwise specifically
provided, the term " Secretary" means the Secretary of the Interior.
Sec. 20. Authorizations of moneys to be appropriated under this Act
shall be effective on October 1, 1980. Notwithstanding any other
provision of this Act, authority to enter into contracts, to incur
obligations, or to make payments under this Act shall be effective only
to the extent, and in such amounts, as are provided in advance in
appropriation Acts.
Approved September 8, 1980.
LEGISLATIVE HISTORY:
SENATE REPORT No. 96 - 754 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 126 (1980):
May 22, considered and passed Senate.
July 31, considered and passed House, amended.
Aug. 18, Senate concurred in House amendments.
PUBLIC LAW 96-343, 94 STAT, 1123, MILITARY PERSONNEL AND COMPENSATION
AMENDMENTS OF 1980
personnel management of
the Armed Forces, to provide a variable housing
allowance for members of the
uniformed services to reflect housing costs in
different areas of the United States,
to improve certain special and incentive pays for
members of the 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,
Section 1. This Act // 37 USC 101. // may be cited as the "
Military Personnel and Compensation Amendments of 1980".
Sec. 2. (a) Section 301 of title 37, United States Code, relating to
hazardous duty pay, is amended--,
(1) by striking out "(1), (2), or (3)" in subsection (b) and
inserting in lieu thereof "(2) or (3)";
(2) by striking out "(b)" before " For the performance of" and
inserting in lieu thereof "(2)"; and
(3) by inserting after subsection (a) the following:
"(b)(1) For the performance of the hazardous duty described in clause
(1) of subsection (a) of this section, a member is entitled to monthly
incentive pay as follows:
TABLES OMITTED
(b)(1) The tables in clause (1) of section 301a(b) of such title, //
37 USC 301a. // relating to aviation career incentive pay for officers,
are amended to read as follows:
TABLES OMITTED
(2) The last sentence in such clause is amended by striking out
"$160" and "$165" and inserting in lieu thereof "$200" and "$206",
respectively.
(3) The table in clause (2) of such section is amended to read as
follows:
TABLE OMITTED
(c) The amendments made by this section // 37 USC 301 // shall be
effective with respect to incentive pay payable for months after August
1980.
Sec. 3. (a) Section 305a(b) of title 37, United States Code,
relating to career sea pay, is amended to read as follows:
"(b) The monthly rates for special pay under subsection (a) of this
section are as follows:
TABLE OMITTED
(b) Section 804(a)(2) of the Department of Defense Appropriation
Authorization Act, 1979 (Public Law 95 - 485; 37 U.S.C. 305a note) //
37 USC 305a // is repealed.
(c) The amendments made by this section // 37 USC 305a // shall be
effective with respect to special pay payable under section 305a of
title 37, United States Code, for months after August 1980.
Sec. 4. (a)(1) Section 403(a) of title 37, United States Code,
relating to basic allowance for quarters, is amended--,
(A) by inserting "(1)" after "(a)"; and
(B) by adding at the end thereof the following new paragraph:
"(2)(A) A member of a uniformed service entitled to basic allowance
for quarters is entitled to a variable housing allowance under this
paragraph whenever assigned to duty in an area of the United States
(other than Alaska or Hawaii) which is a high housing cost area with
respect to such member. A member with dependents who is assigned to an
unaccompanied tour of duty outside the United States is entitled to a
variable housing allowance while serving such tour of duty for any
period during which the member's dependents reside in an area of the
United States which would qualify the member to receive a variable
housing allowance under this paragraph if assigned to duty in that area.
"(B) The monthly amount of a variable housing allowance under this
paragraph for any member is the difference between (i) the average
monthly cost of housing in that area for members of the uniformed
services serving in the same pay grade as that member (as determined
under regulations prescribed under subsection (j) of this section), and
(ii) 115 percent of the amount of the basic allowance for quarters to
which that member is entitled.
"(C) For the purposes of this paragraph, an area shall be considered
to be a high housing cost area with respect to a member of a uniformed
service whenever the average monthly cost of housing in that area for
members serving in the same pay grade as that member (as determined
under regulations prescribed under subsection (j) of this section)
exceeds 115 percent of the amount of the basic allowance for quarters of
that member.".
(2) The heading of section 403 of such title // 37 USC 403. // is
amended to read as follows:
" Section 403. Basic allowance for quarters; variable housing
allowance".
(3) The item relating to such section in the table of sections at the
beginning of chapter 7 of such title is amended to read as follows:
"403. Basic allowance for quarters; variable housing allowance.".
(b) Paragraph (2) of section 403(a) of title 37, United States Code,
// 37 USC 403 // as added by subsection (a), shall take effect on
September 30, 1981.
(c)(1) During fiscal year 1981, a member of a uniformed service
entitled to basic allowance for quarters under section 403 of title 37,
United States Code, // 37 USC 403 // may be paid a variable housing
allowance under this subsection whenever assigned to duty in an area of
the United States (other than Alaska or Hawaii) which is a high housing
cost area with respect to such member. A member with dependents who is
assigned to an unaccompanied tour of duty outside the United States may
be paid a variable housing allowance under this subsection while serving
such tour of duty for any period during which the member's dependents
reside in an area of the United States which would qualify the member to
receive a variable housing allowance under this subsection if assigned
to duty in that area.
(2) The monthly amount of a variable housing allowance under this
subsection for any member may not exceed the difference between (A) the
average monthly cost of housing in that area for members of the
uniformed services serving in the same pay grade as that member (as
determined under regulations prescribed under paragraph (4)), and (B)
115 percent of the amount of the basic allowance for quarters to which
that member is entitled.
(3) For the purposes of this subsection, an area shall be considered
to be a high housing cost area with respect to a member of a uniformed
service whenever the average monthly cost of housing in that area for
members serving in the same pay grade as that member (as determined
under regulations prescribed under paragraph (4)) exceeds 115 percent of
the amount of the basic allowance for quarters of that member.
(4) Regulations shall be prescribed for the administration of this
subsection in the same manner that regulations are prescribed under
subsection (j) of section 403 of title 37, United States Code, for the
administration of such section.
Sec. 5. (a) Section 404(d) of title 37, United States Code, relating
to travel and transportation allowances, is amended--,
(1) by striking out "that is not more than 7 cents a mile" in
clause (1) and inserting in lieu thereof "per mile prescribed by
the Secretaries concerned and"; and
(2) by striking out "of not more than 10 cents a mile" in
clause (3) and inserting in lieu thereof "at a rate per mile
prescribed by the Secretaries concerned and".
(b) Section 411(b) of such title, // 37 USC 411. // relating to
travel and transportation allowances, is amended--,
(1) by striking out "first-class transportation, including
sleeping accommodations," in clause (1) and inserting in lieu
thereof "common carrier transportation";
(2) by inserting "and designating areas as high cost areas"
after "rates" in clause (2); and
(3) by striking out "first-class transportation" and all that
follows in clause (3) and inserting in lieu thereof
"transportation and current economic data on the cost of
subsistence, including lodging and other necessary incidental
expenses relating thereto, when prescribing mileage allowances.".
(c) The amendments made by this section // 37 USC 404 // shall be
effective with respect to travel and transportation performed after
August 31, 1980.
OFFICERS
WHO PREVIOUSLY SERVED AS ENLISTED MEMBERS OR
WARRANT OFFICERS
Sec. 6. (a)(1) Section 907 of title 37, United States Code, relating
to the pay and allowances of enlisted members appointed as officers, is
amended to read as follows:
" Section 907. Enlisted members and warrant officers appointed as
officers: pay and allowances stabilized
"(a) An enlisted member who accepts an appointment as an officer
shall, for service as an officer, be paid the greater of--,
"(1) the pay and allowances to which he is entitled as an
officer; or
"(2) the pay and allowances to which he would be entitled if he
were in the last enlisted grade he held before his appointment as
an officer.
"(b) A warrant officer who accepts an appointment as a commissioned
officer in a pay grade above W-4 shall, for service as such a
commissioned officer, be paid the greater of--,
"(1) the pay and allowances to which he is entitled as such a
commissioned officer;
"(2) the pay and allowances to which he would be entitled if he
were in the last warrant officer grade he held before his
appointment as such a commissioned officer; or
"(3) in the case of an officer who was formerly an enlisted
member, the pay and allowances to which he would be entitled if he
were in the last enlisted grade he held before his appointment as
an officer.
"(c) For the purposes of this section--,
"(1) the pay and allowances of a grade formerly held by an
officer include--,
and
incentive pays under chapter 5 of this title; and
allowances
under chapter 7 of this title; and
"(2) the rates of pay and allowances of a grade which an
officer formerly held are those to which the officer would have
been entitled had he remained in that grade and continued to
receive the increases in pay and allowances authorized for that
grade, as otherwise provided in this title.
"(d) In determining the amount of the pay and allowances of a grade
formerly held by an officer, incentive pay for hazardous duty under
section 301 of this title, // 37 USC 301. // special pay for diving
duty under section 304 of this title, // 37 USC 304. // for duty at
certain places under section 305 of this title, // 37 USC 305a. // and
for sea duty under section 305a of this title, // 37 USC 307. // and
proficiency pay under section 307 of this title may be considered only
so long as the officer continues to perform the duty creating the
entitlement to or eligibility for that pay and would otherwise be
eligible to receive that pay in his former grade.
"(e) The clothing allowance under section 418 of this title // 37 USC
418. // may not be considered in determining the amount of the pay and
allowances of a grade formerly held by an officer if the officer is
entitled to a uniform allowance under section 415 of this title.". // 37
USC 415. //
(2) The table of sections at the beginning of chapter 17 of such
title is amended by striking out the item relating to section 907 // 37
USC 907. // and inserting in lieu thereof the following:
"907. Enlisted members and warrant officers appointed as officers:
pay and allowances stabilized.".
(b) Section 203 of such title, // 37 USC 203. // relating to rates
of pay for members of the uniformed services, is amended by adding at
the end thereof the following new subsection:
"(d) The basic pay of commissioned officers who are in pay grades
O-1, O-2, and O-3 and who are credited with over four years' active
service as warrant officers shall be computed in the same manner as the
basic pay of commissioned officers in the same pay grades who have been
credited with over four years' active service as enlisted members.".
(c) The amendments made by this section // 37 USC 907 // shall be
effective with respect to periods for which pay and allowances are
payable which begin after August 31, 1980.
Sec. 7. Effective September 1, 1980, // 37 USC 402 // the rates of
basic allowance for subsistence authorized by section 402 of title 37,
United States Code, as in effect on the day before the date of the
enactment of this Act (as prescribed by the President under section 1009
of such title), // 37 USC 1009. // are increased by 10 percent.
Sec. 8. Subsection (a) of section 1006 of title 37, United States
Code, relating to advance payments, is amended to read as follows:
"(a) Under regulations prescribed by the Secretary concerned, a
member of a uniformed service may be paid in advance--,
"(1) not more than three months' pay of such member upon such
member's change of permanent station; or
"(2) the amount of an allotment made from such member's pay to
a dependent if such member is assigned or scheduled for assignment
to sea duty or other duty with a unit or command deployed or to be
deployed outside the United States and the allotment is made by
such member not more than sixty days before the scheduled date of
the assignment of such member to such duty.".
RELATING TO
REGULAR ENLISTED MEMBERS OF THE ARMY AND AIR
FORCE APPLICABLE
TO RESERVE ENLISTED MEMBERS
Sec. 9. (a)(1) Section 3914 of title 10, United States Code,
relating to the retirement of regular enlisted members, is amended to
read as follows:
" Section 3914. Twenty to thirty years: enlisted members
" Under regulatons to be prescribed by the Secretary of the Army, an
enlisted member of the Army who has at least 20, but less than 30, years
of service computed under section 3925 of this title may, upon his
request, be retired. A regular enlisted member then becomes a member of
the Army Reserve. A member retired under this section shall perform
such active duty as may be prescribed by law until his service computed
under section 3925 of this title, // 10 USC 3925. // plus his inactive
service as a member of the Army Reserve, equals 30 years.".
(2) Section 3925 of such title, relating to the computation of years
of service of enlisted members of the Army in determining eligibility
for voluntary retirement, is amended--,
(A) by striking out "a regular" in subsection (a) and inserting
in lieu thereof "an"; and
(B) by striking out "regular" in the catchline.
(3) The table of sections at the beginning of chapter 367 of such
title is amended by striking out "regular" in the items relating to
sections 3914 and 3925. // 10 USC 3914, 3925. //
(b)(1) Section 8914 of such title is amended to read as follows:
" Section 8914. // 10 USC 8914. // Twenty to thirty years: enlisted
members
" Under regulations to be prescribed by the Secretary of the Air
Force, an enlisted member of the Air Force who has at least 20, but less
than 30 years of service computed under section 8925 of this title may,
upon his request, be retired. A regular enlisted member then becomes a
member of the Air Force Reserve. A member retired under this section
shall perform such active duty as may be prescribed by law until his
service computed under section 8925 of this title, // 10 USC 8925. //
plus his inactive service as a member of the Air Force Reserve, equals
30 years.".
(2) Section 8925 of such title, relating to the computation of years
of service of enlisted members of the Air Force in determining
eligibility for voluntary retirement, is amended--,
(A) by striking out "a regular" in subsection (a) and inserting
in lieu thereof "an"; and
(B) by striking out "regular" in the catchline.
(3) The table of sections at the beginning of chapter 867 of such
title is amended by striking out "regular" in the items relating to
sections 8914 and 8925. // 10 USC 8914, 8925. //
(c) The amendments made by this section // 10 USC 3914 // shall apply
with respect to retired pay payable for months beginning after the date
of the enactment of this Act.
PERSONNEL
MANAGEMENT OF THE ARMED FORCES
Sec. 10. (a) Public Law 93 - 397 (10 U.S.C. 8202 note) is amended by
striking out "beginning with October 1, 1974, through September 30,
1979" and inserting in lieu thereof "through September 30, 1982".
(b) Subsections (a) and (b) of section 2 of Public Law 95 - 377 (92
Stat. 719) // 10 USC 5707 // are amended by striking out " September 30,
1979" and inserting in lieu thereof " September 30, 1979" and inserting
in lieu thereof " September 30, 1982".
(c)(1) Section 1201(3) of title 10, United States Code, is amended--,
(A) by striking out "or" at the end of subclause (B)(ii);
(B) by striking out the period at the end of subclause (B)(
iii) and inserting in lieu thereof "; or"; and
(C) by adding at the end of subclause (B) a new item as
follows:
period beginning on September 15, 1978, and ending on
September 30, 1982, except that the condition provided
for in
this item shall not be effective during such period
unless the
President determines that such condition should be
effective
during such period and issues an Executive order to
that
effect.".
(2) Section 1203(4)(A) of such title // 10 USC 1203. // is
amended--,
(A) by striking out "or" at the end of item (i); and
(B) by striking out the semicolon at the end of item (ii) and
inserting in lieu thereof", or (iii) incurred in line of duty
during the period beginning on September 15, 1978, and ending on
September 30, 1982, except that the condition provided for in this
item shall not be effective during such period unless the
President determines that such condition should be effective
during such period and issues an Executive order to tha effect;".
(3) Section 1203(4)(C) of such title is amended by striking out "the
proximate result of performing active duty nor incurred in line of duty
in time of war or national emergency" and inserting in lieu thereof "(i)
the proximate result of performing active duty, (ii) incurred in line of
duty in time of war or national emergency, nor (iii) incurred in line of
duty during the period beginning on September 15, 1978, and ending on
September 30, 1982, except that the condition provided for in this item
shall not be effective during such period unless the President
determines that such condition should be effective during such period
and issues an Executive order to that effect".
(d) Section 5703(a)(1) of title 10, United States Code, is amended to
read as follows:
"(1) A board to recommend brigadier generals for promotion to
the grade of major general, consisting of nine officers holding
permanent appointments in the grade of major general or above,
except that before October 1, 1982, such a board may consist of
nine officers serving in the grade of major general or above.".
(e) Sections 5787c(b)(2) and 5787d(g) of title 10, United States
Code, are amended by striking out " September 30, 1979" and inserting in
lieu thereof " September 30, 1982".
CORPS OF THE
NAVY
Sec. 11. (a) Chapter 513 of title 10, United States Code, relating
to Bureaus of the Navy, is amended by striking out section 5142 and
inserting in lieu thereof the following:
" Section 5142. // 10 USC 5142. // Chaplain Corps and Chief of
Chaplains
"(a) The Chaplain Corps is a staff corps of the Navy and shall be
organized in accordance with regulations prescribed by the Secretary of
the Navy.
"(b) There is in the executive part of the Department of the Navy the
office of the Chief of Chaplains of the Navy. The Chief of Chaplains
shall be appointed by the President, by and with the advice and consent
of the Senate, from officers of the Chaplain Corps in the grade of
commander or above who are serving on active duty, who are not on the
retired list, and who have served on active duty in the Chaplain Corps
for at least eight years.
"(c) An officer appointed as the Chief of Chaplains shall be
appointed for a term of four years. However, the President may
terminate or extend the appointment at any time.
"(d)(1) The Chief of Chaplains shall perform such duties as may be
prescribed by the Secretary of the Navy and by law.
"(2) The Chief of Chaplains shall, with respect to all duties
pertaining to the procurement, distribution, and support of personnel of
the Chaplain Corps, report to and be supported by the Chief of Naval
Personnel.
"(e) The Chief of Chaplains of the Navy is entitled to the same rank
and privileges of retirement as provided for chiefs of bureaus in
section 5133 of this title. // 10 USC 5133. //
" Section 5142a. // 10 USC 5142a. // Deputy Chief of Chaplains
" The Secretary of the Navy may detail as the Deputy Chief of
Chaplains an officer of the Chaplain Corps in the grade of commander or
above who is on active duty, who is not on the retired list, and who has
served on active duty in the Chaplain Corps for at least eight years.".
(b) The table of sections at the beginning of chapter 513 of such
title // 10 USC 5142. // is amended by striking out the item relating
to section 5142 and inserting in lieu thereof the following: "5142.
Chaplain Corps and Chief of Chaplains. "5142a. Deputy Chief of
Chaplains.".
Sec. 12. (a) Section 8072 of title 10, United States Code, is
amended by adding at the end thereof the following new subsection:
"(d)(1) There is a Deputy Judge Advocate General in the Air Force,
who is appointed by the President, by and with the advice and consent of
the Senate, from officers of the Air Force who have the qualifications
prescribed in subsection (b) for the Judge Advocate General. The term
of office of the Deputy Judge Advocate General is two years, but may be
sooner terminated or extended by the President. An officer appointed as
Deputy Judge Advocate General shall be appointed in a regular grade to
be determined by the Secretary of Defense.
"(2) When there is a vacancy in the office of the Judge Advocate
General, or during the absence or disability of the Judge Advocate
General, the Deputy Judge Advocate General shall perform the duties of
the Judge Advocate General until a successor is appointed or the absence
or disability ceases.
"(3) When paragraph (2) cannot be complied with because of the
absence or disability of the Deputy Judge Advocate General, the heads of
the major divisions of the Office of the Judge Advocate General, in the
order directed by the Secretary of the Air Force, shall perform the
duties of the Judge Advocate General, unless otherwise directed by the
President.".
(b)(1) The heading of such section is amended to read as follows:
" Section 8072. // 10 USC 8072 // Judge Advocate General, Deputy
Judge Advocate General: appointment; duties".
(2) The item relating to such section in the table of sections at the
beginning of chapter 807 of such title is amended to read as follows:
"8072. Judge Advocate General, Deputy Judge Advocate General:
appointment; duties.".
OFFICERS WHO
HAVE SERVED IN SPECIAL POSITIONS
Sec. 13. (a)(1) Section 3962(a) of title 10, United States Code, //
10 USC 3962 // relating to retirement in a higher grade for service in
special positions, is amended by striking out " Regular" and by striking
out "held by him at any time on the active list" and inserting in lieu
thereof "in which he served on active duty".
(2) Section 3962(b) of such title is amended by striking out "
Regular".
(3) The heading of section 3962 of such title is amended to read as
follows:
" Section 3962. Higher grade for service in special positions".
(4) The item relating to section 3962 in the table of section at the
beginning of chapter 369 of such title is amended to read as follows:
"3962. Higher grade for service in special positions.".
(b)(1) Section 8962(a) of title 10, United States Code, relating to
retirement in a higher grade for service in special positions, is
amended by striking out " Regular" and by striking out "held by him at
any time on the active list" and inserting in lieu thereof "in which he
served on active duty".
(2) The heading of section 8962 of such title // 10 USC 8962. // is
amended to read as follows:
" Section 8962. Higher grade for service in special positions".
(3) The item relating to section 8962 in the table of sections at the
beginning of chapter 869 of such title is amended to read as follows:
"8962. Higher grade for service in special positions.".
(c)(1) The President may, by and with the advice and consent of the
Senate, appoint any commissioned officer of a reserve component of the
Armed Forces who retired after December 31, 1967, to the retired grade
in which such officer could have been retired had such officer retired
on or after the date of the enactment of this Act. // 10 USC 3962 //
(2) The retired pay of any retired officer who is appointed to a
higher retired grade under paragraph (1) shall be recalculated as if
such officer had retired in the grade to which appointed, but any
increase in such retired pay by virtue of such appointment or this
subsection shall be effective only with respect to periods beginning on
or after the date on which such appointment is made.
Approved September 8, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 96 - 440 (Comm. on Armed Services) and No. 96 -
1233 (Comm. of Conference).
SENATE REPORT No. 96 - 424 (Comm. on Armed Services).
CONGRESSIONAL RECORD:
Vol. 125 (1979): Sept. 24, 25, considered and passed House.
Vol. 126 (1980): Feb. 1, 4, considered and passed Senate,
amended. June 17, House agreed to Senate amendments with
amendments. Aug. 20, Senate agreed to conference report. Aug. 26,
House agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS:
Vol. 16, No. 37 (1980): Sept. 8, Presidential statement.
PUBLIC LAW 96-342, 94 STAT, 1077, DEPARTMENT OF DEFENSE AUTHORIZATION
ACT, 1981
procurement of aircraft, missiles,
naval vessels, track combat vehicles, torpedoes, and
other weapons and for
research, development, test, and evaluation for the
Armed Forces, to prescribe
the authorized personnel strength for each active duty
component and the
Selected Reserve of each Reserve component of the
Armed Forces and for civilian
personnel of the Department of Defense, to authorize
the military training student
loads, to authorize appropriations for fiscal year 1981
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, 1981".
Sec. 101. Funds are hereby authorized to be appropriated for fiscal
year 1981 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, as authorized by law, in amounts
as follows:
For aircraft: for the Army, $1,076,400,000; for the Navy and
the Marine Corps, $6,150,600,000, of which $33,600,000 shall be
available only for procurement of aircraft for the Navy
Undergraduate Helicopter Pilot Training Program; for the Air
Force, $9,365,143,000, of which $518,800,000 shall be available
only for procurement of War Reserve Material spares.
For missiles: for the Army, $1,580,500,000; for the Navy,
$2,236,400,000; for the Marine Corps, $94,043,000; for the Air
Force, $3,176,184,000.
For naval vessels: for the Navy, $8,363,200,000.
For tracked combat vehicles: for the Army, $2,313,500,000;
for the Marine Corps, $45,825,000.
For torpedoes and related support equipment: for the Navy
$386,600,000.
For other weapons: for the Army, $334,500,000; for the Navy,
$195,500,000; for the Marine Corps, $69,490,000.
AIRBORNE
WARNING AND CONTROL SYSTEM (AWACS) FOR NATO
Sec. 102. There is authorized to be appropriated for fiscal year
1981 the sum of $382,000,000 to be available only for contribution by
the United States of its share of the cost for such fiscal year of the
acquistion by the North Atlantic Treaty Organization of the Airborne
Warning and Control System (AWACS).
CONNECTION
WITH THE NATO AIRBORNE WARNING AND CONTROL
SYSTEM (AWACS)
PROGRAM
Sec. 103. (a) During fiscal year 1981, 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-3 A Cooperative Programme for
fiscal year 1981, assume contigent 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. 104. Not more than $494,100,000 of the funds authorized to be
appropriated by this title for the Army may be used for procurement of
the PATRIOT missile system, and no funds authorized to be appropriated
by this title for the Army may be obligated or expended for the
procurement of PATRIOT missile system end-items unless and until the
Secretary of Defense certifies to the Committees on Armed Services and
Appropriations of the Senate and the House of Representatives that,
based upon operational and development testing conducted by the Army,
the PATRIOT missile system is suitable for hardware production.
Sec. 201. (a) Funds are hereby authorized to be appropriated for
fiscal year 1981 for the use of the Armed Forces of the United States
for research, development, test, and evaluation, as authorized by law,
in amounts as follows:
For the Army, $3,248,005,000.
For the Navy (including the Marine Corps), $5,112,775,000, of
which $45,251,000 is authorized only for the research,
development, test, and evaluation of Lightweight Armored Vehicles.
For the Air Force, $7,159,857,000.
For the Defense Agencies, $1,367,802,000, of which $42,100,000
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
1981 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 this title.
Sec. 202. // 10 USC 139 // (a) The Congress finds that a survivable
land-based intercontinental ballistic missile (ICBM) system is vital to
the security of the United States and to a stable strategic balance
between the United States and the Soviet Union and that timely
deployment of a new basing mode is essential to the survivability of
this Nation's land-based intercontinental ballistic missiles. It is,
therefore, the purpose of this section to commit the Congress to the
development and deployment of the MX missile system, consisting of 200
missiles and 4,600 hardened shelters, and to insure that deployment of
the entire MX system is carried out as soon as practicable.
(b) The Secretary of Defense shall proceed immediately with the
full-scale engineering development of the MX missile and a Multiple
Protective Structure (MPS) basing mode and shall continue such
development in a manner that will achieve an Initial Operational
Capability of such missile and basing mode not later than December 31,
1986.
(c) Notwithstanding any other provision of law, the initial phase of
construction shall be limited to 2,300 protective shelters for the MX
missile in the initial deployment area.
(d) In accordance with the finding of the Congress expressed in
subsection (a), a full system of at least 4,600 protective shelters may
be deployed in the initial deployment area if, after completion of a
study to be conducted by the Secretary of Defense of an alternate site
for a portion of the system, it is determined by the Congress that
adverse cost, military considerations, or other reasons preclude split
basing.
Sec. 203. (a) None of the funds authorized to be appropriated by
this title may be obligated or expended for the full-scale engineering
development or procurement of the C-X or any other new transport
aircraft until the Secretary of Defense has certified in writing to the
Congress--,
(1) that the national security requirements of the United
States for additional military airlift capability merit initiation
of the C-X aircraft program;
(2) that the magnitude and nature of the military cargo and
material to be airlifted to the Indian Ocean area and other areas
of potential conflict are sufficiently well defined to permit
identification of a deficiency in military airlift capability;
(3) that the magnitude and characteristics of military cargo
and material to be transported by air to such areas are
sufficiently well defined to provide clear justification and
design parameters for such aircraft; and
(4) that plans for such aircraft are sufficiently well
developed to make such full-scale engineering development both
economical and technically feasible.
(b) The Secretary of Defense shall conduct a study to determine
overall United States military mobility requirements. Such study shall
include an analysis of the total mix of airlift, sealift, and
prepositioning of war materials required for the United States to
respond to military contingencies in the Indian Ocean area and other
areas of potential conflict during the decade of the 1980's. The
Secretary shall submit a report to the Committees on Armed Services of
the Senate and House of Representatives not later than February 1, 1981,
on the results of such study, together with such comments and
recommendations as the Secretary considers appropriate, including
recommendations for specific programs to provide an adequate overall
military transportation capacity for the United States.
(c) Not more than $35,000,000 of the funds authorized to be
appropriated by this title may be obligated or expended for the C-X
aircraft program. Of such amount, not more than $15,000,000 may be
obligated or expended before February 1, 1981, and the remainder of such
amount may be obligated or expended only after the expiration of 60 days
following the submission to the Congress of the report required by
subsection (b).
Sec. 204. (a) The Secretary of Defense shall vigorously pursue
fullscale engineering development of a strategic multi-role bomber which
maximizes range, payload, and ability to perform the missions of
conventional bomber, cruise missile launch platform, and nuclear weapons
delivery system in both the tactical and strategic role.
(b) Of the funds authorized to be appropriated for the Air Force
under this title, $300,000,000 may be obligated or expended for
full-scale development, following compliance with subsection (c), of a
multi-role bomber aircraft to achieve an Initial Operational Capability
as soon as practicable, consistent with the aircraft selected, but not
later than 1987. Such aircraft shall have the capability of performing
the missions of conventional bomber, cruise missile launch platform, and
nuclear weapons delivery system.
(c) The Secretary of Defense shall submit a status report to the
Committees on Armed Services of the Senate and House of Representatives
by March 15, 1981, on the results of the development effort to date.
The Secretary shall include in such report comparisons of the various
candidate aircraft in terms of cost and military effectiveness.
Candidate aircraft shall include, but not be limited to, advanced
technology aircraft, the B-1 bomber aircraft and derivatives of the B-1
aircraft, and the FB-111 B/C aircraft.
Sec. 205. (a) Notwithstanding the provisions of section 202 of the
Department of Defense Appropriation Authorization Act, 1979 (Public Law
95 - 485; 92 Stat. 1612), and section 203 of the Department of Defense
Authorization Act, 1980 (Public Law 96 - 107; 93 Stat. 805), the
Secretary of the Navy shall resume research and development work on the
Extremely Low Frequency (ELF) Communications System. Notwithstanding
any provision of law restricting the availability of such funds
previously appropriated for such system for fiscal year 1979 for the
purpose of resuming such work.
(b) Not later than April 1, 1981, the President shall submit to the
Congress a plan for the deployment of an operational Extremely Low
Frequency (ELF) Communications System.
THE 120-MILLIMETER
TANK GUN
Sec. 206. Of the amount authorized to be appropriated for the Army
by this title, not more than $62,061,000 is authorized for development
of the 120-millimeter tank gun. However, none of such funds may be
obligated or expended for development of such gun until (1) the
Secretary of the Army prepares a plan on how the life-cycle costs for
incorporating the 120-millimeter gun into the tank force of the Army can
be reduced by $600,000,000 through efficient training practices, (2) the
Secretary of Defense approves such plan, and (3) such plan is submitted
to the Congress.
Sec. 207. Of the funds appropriated to the Department of Defense for
fiscal year 1980 which have not previously been obligated or expended,
not more than $6,000,000 are available for study of a logistic surface
effect ship weighing between 5,000 and 7,000 tons and capable of a speed
of not less than 70 knots.
RESEARCH AND
DEVELOPMENT COSTS AND BID AND PROPOSAL COSTS
Sec. 208. Section 203 of Public Law 91 - 441 (84 Stat. 906; 10 U.
S.C. 2358 note) is amended--,
(1) by striking out "$2,000,000" and "$250,000" in subsection
(a)(1) and inserting in lieu thereof "$4,000,000" and "$500,000",
respectively; and
(2) by adding at the end of such section the following new
subsection:
"(f) On October 1, 1983, and once every three years thereafter, the
Secretary of Defense may, based upon economic indices that the Secretary
has selected, adjust the amounts in subsection (a)(1) of this section in
accordance with economic changes reflected in those indices.".
Sec. 301. The Armed Forces are authorized strengths for active duty
personnel as of September 30, 1981, as follows:
(1) The Army, 775,300.
(2) The Navy, 537,456.
(3) The Marine Corps, 188,100.
(4) The Air Force, 564,500.
INTO THE
ARMED FORCES WHOSE SCORE ON THE ARMED FORCES
QUALIFICATION
TEST IS BELOW A PRESCRIBED LEVEL
Sec. 302. // 10 USC 520 // (a) The number of male individuals (with
no prior military service) enlisted or inducted into the Army during the
fiscal year beginning on October 1, 1980, who are not high school
graduates may not exceed, as of September 30, 1981, 35 percent of all
male individuals (with no prior military service) enlisted or inducted
into the Army during such fiscal year.
(b)(1) Chapter 31 of title 10, United States Code, relating to
enlistments in the Armed Forces, is amended by adding at the end thereof
the following new section:
" Section 520. // 10 USC 520. // Limitation on enlistment and
induction of persons whose score on the Armed Forces Qualification Test
is below a prescribed level
"(a) For the fiscal year beginning on October 1, 1980, the total
number of persons originally enlisted or inducted to serve on active
duty (other than active duty for training) in the armed forces during
such fiscal year whose score on the Armed Forces Qualification Test is
at or above the tenth percentile and below the thirty-first percentile
may not exceed 25 percent of the number of such persons enlisted or
inducted into the armed forces during such fiscal year. For the fiscal
year beginning on October 1, 1981, the number of persons originally
enlisted or inducted to serve on active duty (other than active duty for
training) in any armed force during such fiscal year whose score on the
Armed Forces Qualification Test is at or above the tenth percentile and
below the thirty-first percentile may not exceed 25 percent of the
number of such persons enlisted or inducted into such armed force during
such fiscal year. For any fiscal year beginning after September 30,
1982, the number of persons originally enlisted or inducted to serve on
active duty (other than active duty for training) in any armed force
during such fiscal year whose score on the Armed Forces Qualification
Test is at or above the tenth percentile and below the thirty-first
percentile may not exceed 20 percent of the number of such persons
enlisted or inducted into such armed force during such fiscal year.
"(b) When the Secretary of Defense determines that, because of
national security reasons, the limitation contained in subsection (a)
should not be effective for any fiscal year, the Secretary may waive
such limitation for such fiscal year to the extent he considers
necessary, but any such waiver shall be effective only if--,
"(1) the Secretary notifies the Congress in writing of such
determination, of the reasons therefor, and the extent to which he
proposes to waive such limitation; and
"(2) the Congress adopts a concurrent resolution stating in
substance that it approves the proposed waiver.".
(2) The table of sections at the beginning of such chapter is amended
by adding at the end thereof the following new item:
"520. Limitation on enlistment and induction of persons whose score
on the Armed Forces Qualification Test is below a prescribed level.".
(c) The Secretary of Defense shall report to the Committees on Armed
Services of the Senate and House of Representatives at the end of each
quarter of fiscal year 1981 whether the requirements of section 520 of
title 10, United States Code, as added by subsection (b), have a
negative impact on combat readiness.
(d) It is the sense of the Congress--, // 10 USC 503 //
(1) that secondary educational institutions in the United
States, the Commonwealth of Puerto Rico, and the territories of
the United States should cooperate with the Armed Forces by
allowing recruiting personnel access to such institutions; and
(2) that it is appropriate for such institutions to release to
the Armed Forces information regarding students at such
institutions (including such data as names, addresses, and
education levels) which is relevant to recruiting individuals for
service in the Armed Forces.
Sec. 303. (a) The Secretary of Defense, in conjunction with the
Director of Selective Service, shall prepare and submit to the Congress,
not later than April 2, 1981, a comprehensive plan for the effective
management during peacetime of the potential military manpower of the
United States and for the effective mobilization during a war or
national emergency of the military manpower and defense-related manpower
of the United States. Such plan shall include--,
(1) any new and improved procedures for the registration and
classification of persons under the Military Selective Service
Act,
// 50 USC app. 451. //
placing special emphasis on administrative and medical procedures
that will result in more efficient and cost-effective screening of
registrants;
(2) new categories and equitable standards for the deferment
and exemption of persons from training and service under the
Military Selective Service Act; and
(3) such other administrative changes considered necessary or
appropriate to manage effectively during peacetime the potential
military manpower of the United States and to mobilize effectively
during a war or national emergency the military manpower and
defense-related manpower of the United States.
(b) The Secretary of Defense and the Director of Selective Service
shall conduct a study of the impact, if any, of the reinstatement of
registration under the Military Selective Service Act, and the impact of
implementing the plan described in subsection (a), on the recruitment
and retention of personnel for the active duty and reserve forces of the
United States. The Secretary of Defense shall submit the results of
such study to the Congress not later than April 2, 1981.
(c) The Secretary of Defense shall submit a report to the Congress
not later than January 31, 1981, containing the Secretary's projections
for each of the five fiscal years 1981 through 1985 with respect to (1)
the total manpower needs of each active duty and reserve component of
the Armed Forces, and (2) the desired and planned characteristics
(including educational attainment, mental ability, marital status, sex,
and other pertinent personal characteristics) for the personnel of each
such component.
(d) The Secretary of Defense shall conduct a study to identify the
number of military personnel in each of the several skill categories
needed to respond effectively in situations in which a military conflict
is most likely to occur and shall submit a report to the Congress not
later than April 2, 1981, containing the results of such study. Such
report shall include (1) the estimated shortages in each skill category
in each of the situations in which a military conflict is most likely to
occur, (2) recommendations for the procedures necessary for locating and
obtaining such additional skilled personnel as may be needed by the
Armed Forces to respond effectively in such situations, and (3) such
recommendations for changes in existing law as may be necessary to
facilitate the compilation and maintenance of a current list of
personnel who possess the skills required by the Armed Forces to respond
effectively in such situations.
Sec. 401. (a) For fiscal year 1981, the Selected Reserve of the
reserve components of the Armed Forces shall be programmed to attain
average strengths of not less than the following:
(1) The Army National Guard of the United States, 371,300.
(2) The Army Reserve, 204,500.
(3) The Naval Reserve, 87,400.
(4) The Marine Corps Reserve, 33,700.
(5) The Air National Guard of the United States, 94,300.
(6) The Air Force Reserve, 58,800.
(7) The Coast Guard Reserve, 11,700.
(b) Within the average strengths prescribed in subsection (a), the
reserve components of the Armed Forces are authorized, as of September
30, 1981, the following number of reserve component members 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, 10,159.
(2) The Army Reserve, 5,400.
(3) The Naval Reserve, 708.
(4) The Marine Corps Reserve, 67.
(5) The Air National Guard of the United States, 3,207.
(6) The Air Force Reserve, 698.
(c) 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.
Sec. 501. (a) The Department of Defense is authorized a strength in
civilian personnel, as of September 30, 1981, of 986,000.
(b) The strength for civilian personnel prescribed in subsection (a)
shall be apportioned among the Department of the Army, the Department of
the Navy (including the Marine Corps), 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 each allocation.
(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 under section 3402 of title 5,
United States Code, shall be counted as prescribed by section 3404 of
that title. // 5 USC 3404. // 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 1981 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 authorize 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.
(e) During fiscal year 1981, the Secretary of Defense shall manage
the manpower resources of the Department of Defense in a manner that
will insure that functions of the Department of Defense involving
maintenance, construction, engineering acquisition, or repair activities
will be provided civilian manpower resources sufficient to fulfill the
work requirements for which funds have been appropriated, on a schedule
consistent with the requirements of national security and military
readiness.
PERFORMANCE
OF COMMERCIAL AND INDUSTRIAL TYPE FUNCTIONS FROM
DEPARTMENT
OF DEFENSE PERSONNEL TO PRIVATE CONTRACTORS
Sec. 502. // 10 USC 2304 // (a) No commercial or industrial type
function of the Department of Defense that on October 1, 1980, is being
performed by Department of Defense personnel may be converted to
performance by a private contractor--,
(1) to circumvent any civilian personnel ceiling; or
(2) unless the Secretary of Defense provides to the Congress in
a timely manner--,
a
private contractor;
contractor
will result in a cost savings to the Government over
the
life of the contract and a certification that the
entire cost
comparison is available;
the
cost of performance of such function by Department of
Defense personnel is based on an estimate of the most
efficient and cost effective organization for
performance of
such function by Department of Defense personnel; and
(b) If, after completion of the studies required for completion of
the certification and report required by subparagraphs (C) and (D) of
subsection (a)(2), a decision is made to convert to contractor
performance, the Secretary of Defense shall notify Congress of such
decision.
(c) The Secretary of Defense shall submit a written report to the
Congress by February 1 of each fiscal year describing the extent to
which commercial and industrial type functions were performed by
Department of Defense contractors during the preceding fiscal year. The
Secretary shall include in each such report an estimate of the
percentage of commercial and industrial type functions of the Department
of Defense that will be performed by Department of Defense personnel,
and the percentage of such functions that will be performed by private
contractors, during the fiscal year during which the report is
submitted.
(d) This section shall take effect on October 1, 1980.
Sec. 601. (a) For fiscal year 1981, the components of the Armed
Forces are authorized average military training student loads as
follows:
(1) The Army, 53,128.
(2) The Navy, 64,545.
(3) The Marine Corps, 21,393.
(4) The Air Force, 46,238.
(5) The Army National Guard of the United States, 7,177.
(6) The Army Reserve, 6,880.
(7) The Naval Reserve, 953.
(8) The Marine Corps Reserve, 3,144.
(9) The Air National Guard of the United States, 1,930.
(10) The Air Force Reserve, 1,139.
(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, 18,890.
(2) The Army National Guard of the United States, 6,839.
(3) The Army Reserve, 2,468.
(c) The average military training 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 1981 shall be adjusted
consistent with the manpower strengths authorized in titles III, IV, and
V 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 FOR
THE UNIT TO BE MAINTAINED
Sec. 602. Notwithstanding the provisions of section 2031(b) of title
10, United States Code, // 10 USC 2031 // relating to the establishment
and maintenance of units of the Junior Reserve Officers' Training Corps,
during the period beginning on September 1, 1980, and ending on August
31, 1981, the Secretary of any military department may maintain a unit
of the Junior Reserve Officers' Training Corps at any public or private
secondary educational institution if--,
(1) the number of physically fit students in such unit who are
at least 14 years of age and are citizens or nationals of the
United States is not less than (A) 10 percent of the number of
students enrolled in the institution who are at least 14 years of
age, or (B) 100, whichever is less; and
(2) the unit meets such other requirements (in addition to the
requirements prescribed by section 2031(b) of title 10, United
States Code) as may be established by the Secretary of the
military department concerned.
Sec. 701. There is hereby authorized to be appropriated for fiscal
year 1981 to carry out the provisions of the Federal Civil Defense Act
of 1950 (50 U.S.C. App. 2251 - 2297) the sum of $120,000,000.
Sec. 702. (a) The Federal Civil Defense Act of 1950 (50 U.S.C. App.
2251 - 2297) is amended by adding after title IV the following new
title:
" Sec. 501. // 50 USC app. 2301. // (a) It is the sense of Congress
that--,
"(1) a civil defense program providing for the relocation of
the population of risk areas, including the larger United States
cities, during a period of strategic warning resulting from an
international crisis may be effective in protecting the
population;
"(2) the present civil defense program should be improved;
and
"(3) an improved civil defense program can be developed which
could enhance the civil defense capability of the United States.
"(b) It is further the sense of Congress that an improved civil
defense program should be implemented which--,
"(1) enhances the survivability of the American people and its
leadership in the event of nuclear war and thereby improves the
basis for eventual recovery and reduces the Nation's vulnerability
to a major attack;
"(2) enhances deterrence, contributes to perceptions of the
United States-Soviet strategic balance and crisis stability, and
reduces the possibility that the United States might be
susceptible to coercion by an enemy in times of increased tension;
"(3) does not suggest any change in the United States policy of
relying on strategic nuclear forces as the preponderant factor in
maintaining deterrence;
"(4) includes planning for the relocation of certain segments
of the population during times of international crisis; and
"(5) is adaptable to help deal with natural disasters and other
peacetime emergencies.
" Sec. 502. // 50 USC app. 2302. // (a) In order to carry out the
sense of Congress expressed in section 501, the President shall, to the
extent practicable, develop and implement an improved civil defense
program which includes--,
"(1) a program structure for the resources to be used for
attact-related civil defense;
"(2) a program structure for the resources to be used for
disaster-related civil defense; and
"(3) criteria and procedures under which those resources
planned for attack-related civil defense and those planned for
disaster-related civil defense can be used interchangeably.
"(b) In developing a program structure for attack-related civil
defense pursuant to subsection (a), the President shall give
consideration to including in such program structure the following
elements:
"(1) Nuclear civil protection planning for more rapid
population relocation during times of international crisis.
"(2) Nuclear civil protection planning for improved inplace
population protection during times of international crisis in the
event circumstances preclude population relocation.
"(3) A survey of the shelters inherent in existing facilities.
"(4) Planning for the development during times of crisis of
additional shelter.
"(5) Development of capabilities for shelter management.
"(6) Marking and stocking of shelters.
"(7) Development and procurement of ventilation kits for
shelters.
"(8) The development of emergency evacuation plans for areas in
which nuclear powerplants are located.
"(9) The improvement of civil defense warning systems.
"(10) The improvement of systems and capabilities for direction
and control of emergency operations by civil governments at all
levels, including further development of a network of emergency
operating centers.
"(11) The improvement of radiological defense capabilities.
"(12) The improvement of emergency public information and
training programs and capabilities.
"(13) The development of plans for postattack economic recovery
and the development of plans for postdisaster economic recovery to
the extent that planning for postdisaster economic recovery
planning does not detract from planning for postattack economic
recovery.
"(14) The improvement of and training in self-help nuclear war
survival skills.
"(15) Civil defense-related research and development.
"(16) The development of other appropriate systems and
capabilities to increase the lifesaving potential of the civil
defense program.
" Sec. 503. The powers contained in titles II and IV of this Act //
50 USC app. 2303. // shall be used in developing and implementing the
program required by section 502.". // 50 USC app. 2281, 2253. //
(b) The table of contents at the beginning of such Act is amended by
adding at the end thereof the following:
" Sec. 501. Sense of Congress.
" Sec. 502. Elements of an improved civil defense program. " Sec.
503. Administrative provisions.".
EMERGENCY
OPERATING CENTERS
Sec. 703. (a)(1) Title II of the Federal Civil Defense Act of 1950
(50 U.S.C. App. 2281 - 2286) is amended by adding at the end thereof the
following new section:
CONSTRUCTION OF
EMERGENCY OPERATING CENTERS
" Sec. 206. Notwithstanding any other provision of this Act, // 50
USC app. 2288. // funds appropriated to carry out this Act may not be
used for the purpose of constructing emergency operating centers (or
similar facilities) in any State unless such State matches in an equal
amount the amount made available to such State under this Act for such
purpose.".
(2) The table of contents at the beginning of such Act is amended by
adding below the item relating to section 205 the following new item:
"206. Requirement for State matching funds for construction of
emergency operating centers.".
(b) The amendments made by subsection (a) // 50 USC app. 2288 //
shall take effect on October 1, 1980.
BUILDINGS
TO MINIMIZE EFFECTS OF NUCLEAR EXPLOSIONS
Sec. 704. // 50 USC app. 2281 // (a) The Director of the Federal
Emergency Management Agency shall establish a pilot program of designing
and constructing buildings to enhance the ability of the buildings to
withstand nuclear explosions and to minimize the damage to such
buildings caused by a nuclear explosion. Such program shall include the
designing and constructing of at least two building projects chosen by
the Director so that the buildings in the projects will be able to
better withstand nuclear explosions and so that any damage to the
buildings in the project caused by a nuclear explosion will be
minimized.
(b) The Director of the Federal Emergency Management Agency shall
submit a report to the Senate and the House of Representatives not later
than April 1, 1981, on the establishment under subsection (a) of the
pilot program.
(c) Of the sums authorized to be appropriate under section 701,
$400,000 shall be available to carry out the pilot program established
pursuant to subsection (a).
(d) This section shall take effect on October 1, 1980.
PROPERTY AT THE
FEDERAL EMERGENCY MANAGEMENT AGENCY FACILITY AT
OLNEY,
MARYLAND
Sec. 705. Effective October 1, 1980, the Director of the Federal
Emergency Management Agency is authorized to acquire, in accordance with
the provisions of section 201(h) of the Federal Civil Defense Act of
1950 (50 U.S.C. App. 2281(h)), fee title to those parcels of real
property which are currently leased by such agency at the facility of
such agency in Olney, Maryland, which (1) are used as a site for a
communications antenna, or (2) contain the water wells for such
facility.
UNIFORMED
SERVICES
Sec. 801. (a) Any adjustment required // 37 USC 1009 // under the
provisions of section 1009 of title 37, United States Code, relating to
adjustments in the compensation of members of the uniformed services,
which would otherwise first become effective beginning with any pay
period in fiscal year 1981 shall not become effective.
(b)(1) Subject to the provisions of paragraph (2), each element of
compensation specified in section 1009(a) of title 37, United States
Code, shall be increased for members of the uniformed services by 11.7
percent effective with the first pay period beginning after September
30, 1980.
(2) The President may allocate the percentage increase specified
under paragraph (1) in the same manner and to the same extent the
President is authorized under subsections (c) and (d) of section 1009 of
title 37, United States Code, as amended by section 803 of this Act, to
allocate any percentage increase described in subsection (b)(3) of
section 1009 of such title, // 37 USC 1009. // except that--,
(A) the provisions of subsection (d)(2)(B) of such section
shall not apply to this subsection or any action of the President
under this subsection; and
(B) the overall average percentage increase in the elements of
compensation specified in subsection (a) of such section in the
case of any member of the uniformed services with four years or
less service may not exceed 11.7 percent.
ADJUSTMENT OF
MILITARY PAY
Sec. 802. The President shall submit to the Congress not later than
April 1, 1981, such recommendations as he considers necessary or
appropriate to improve the method for determining adjustments in the pay
and allowances for members of the uniformed services.
GRADES AND
YEARS-OF-SERVICE CATEGORIES
Sec. 803. Section 1009 of title 37, United States Code, relating to
adjustments in compensation, is amended--,
(1) by striking out "subsection (c)" in clause (3) of
subsection (b) and inserting in lieu thereof "subsections (c) and
(d) of this section,";
(2) in subsection (c)--,
(b)(3)"
both places it appears and after "subsection (a)"; and
(C) by striking out "per centum" and inserting in lieu
thereof "percent";
(3) by redesignating subsection (d) as paragraph (2) and in
such paragraph (as so redesignated)--,
(1) of
this subsection";
(a)" and
after "subsection (b)(3)"; and
or (c)"
both places it appears;
(4) by inserting after subsection (c) the following new
subsection (d):
"(d)(1) Subject to paragraph (2) of this subsection, whenever the
President determines such action to be in the best interest of the
Government, he may allocate the overall percentage increase in the
element of basic pay that would otherwise be effective after any
allocation made under subsection (c) of this section among such pay
grade and years-of-service categories s he considers appropriate.
"(2) In making any allocation of an overall percentage increase in
basic pay under paragraph (1) of this subsection--,
"(A) the amount of the increase in basic pay for any given pay
grade and years-of-service category after any allocation made
under this subsection or under subsection (c) of this section (or
under both such subsections) may not be less than 75 percent of
the amount of the increase in the element of basic pay that would
otherwise have been effective with respect to such pay grade and
years-of-service category under subsection (b)(3) of this section;
and
"(B) the overall percentage increase in the elements of
compensation specified in subsection (a) of this section in the
case of any member of the uniformed services with four years or
less service may not exceed the overall percentage increase in the
General Schedule rates of basic pay for civilian employees.";
(5) in subsection (e)--,
"subsection
(c)"; and
(6) in subsection (f)--,
compensation";
and
// 37 USC 1008. //
FORCES
Sec. 804. (a)(1) Subsection (a) of section 308 of title 37, United
States Code, relating to reenlistment bonuses, is amended--,
(A) by striking out "ten years" in clause (A) and inserting in
lieu thereof "fourteen years";
(B) by striking out "$15,000" and inserting in lieu thereof
"$20,000"; and
(C) by striking out "twelve years" and inserting in lieu
thereof "sixteen years".
(2) Subsection (f) of such section is amended by striking out "
September 30, 1980" and inserting in lieu thereof " September 30, 1982".
(b)(1) Subsection (a) of section 308a of such title, // 37 USC 308a.
// relating to enlistment bonuses, is amended by striking out "$3,000"
and inserting in lieu thereof "$5,000".
(2) Subsection (c) of such section is amended by striking out "
September 30, 1980" and inserting in lieu thereof " September 30, 1982".
(c) The amendments made by this section // 37 USC 308 // shall only
apply to enlistments, reenlistments, and extensions of enlistments made
after September 30, 1980.
FORCES
Sec. 805. (a)(1) Chapter 5 of title 37, United States Code, relating
to special and incentive pays, is amended by inserting after section
308c the following new sections:
" Section 308d. // 37 USC 308d. // Special pay: bonus for
enlistment, reenlistment, or extension of enlistment in elements of the
Ready Reserve other than the Selected Reserve
"(a)(1) Except as provided in paragraph (2) of this subsection, any
person who enlists or reenlists, or voluntarily extends an enlistment,
in an element (other than the Selected Reserve) of the Ready Reserve of
an armed force for a period of not less than three years may be paid a
bonus as provided in subsection (b) of this section.
"(2) A bonus may not be paid under this section to any person who
failed to complete satisfactorily any original term of enlistment in the
armed forces.
"(b) Eligibility for a bonus under this section, and the amount and
method of payment of such a bonus, shall be determined in accordance
with regulations prescribed under subsection (c) of this section, except
that the amount of such a bonus may not exceed $600.
"(c) This section shall be administered under regulations prescribed
by the Secretary of Defense for the armed forces under his jurisdiction
and by the Secretary of Transportation for the Coast Guard when it is
not operating as a service in the Navy.
"(d)(1) A member who receives a bonus payment under this section and
who fails during the period for which the bonus was paid to serve
satisfactorily in the element of the Ready Reserve with respect to which
the bonus was paid shall refund to the United States an amount which
bears the same ratio to the amount of the bonus paid to such member as
the period which such member failed to satisfactorily serve bears to the
total 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 // 11 USC 101. // that
is entered less than 5 years after the termination of an agreement under
this section 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, 1980.
"(e) No bonus may be paid under this section to any person for an
enlistment, reenlistment, or voluntary extension of an enlistment after
September 30, 1981.
" Section 308e. // 37 USC 308e. // Special pay: bonus for reserve
affiliation agreement
"(a) Under regulations prescribed by the Secretary of Defense, the
Secretary of a military department may pay a bonus for reserve
affiliation to any person--,
"(1) who--,
discharge
or release from active duty upon the completion of such
active duty obligation will have a reserve service
obligation
under section 651 of title 10 or under section 6(d)(1)
of the
Military Selective Service Act (50
U.S.C. App. 456(d)(1)); or
was
discharged or released from such active duty under
honorable
conditions, and is serving a period of reserve service
obligation under section 651 of title 10 or
section 6(d)(1) of the
Military Selective Service Act (50
U.S.C. App. 456(d)(1)); and
"(2) who meets the requirements of subsection (b) of this
section.
"(b) To be eligible to receive a bonus for reserve affiliation under
this section, a person must--,
"(1) be eligible for reenlistment or for an extension of his
active duty service;
"(2) have completed satisfactorily any term of enlistment or
period of obligated active duty service;
"(3) hold and be qualified in a military specialty designated
by the Secretary of Defense for the purpose of this section;
"(4) have a grade for which there is a vacancy in the reserve
component in which the person is to become a member;
"(5) not be affiliating in a reserve component to become a
Reserve, Army National Guard, or Air National Guard technician;
"(6) enter into a written agreement with the Secretary
concerned to serve as a member of the Selected Reserve of the
Ready Reserve of an armed force for the period of obligated
reserve service such person has remaining or, if such person is on
active duty, will have remaining at the time of his discharge or
release from active duty; and
"(7) meet all the other requirements for becoming a member of
the Selected Reserve of the Ready Reserve of an armed force.
"(c)(1) The amount of the bonus paid to any person under this section
shall be an amount determined by multiplying $25 times the number of
months of reserve obligation such person has remaining or, if such
person is on active duty, will have remaining at the time of his
discharge or release from active duty.
"(2) In the case of a person who has, or at the time of discharge or
release from active duty will have, eighteen months or less reserve
service obligation remaining, the Secretary concerned may pay the total
amount of the bonus at the time such person signs a reserve affiliation
agreement under this section. In the case of a person who has, or at
the time of discharge or release from active duty will have, more than
eighteen months of such service remaining, the Secretary concerned may
pay one-half of the bonus at the time such person signs a reserve
affiliation agreement under this section and the remaining one-half on
the date of the fifth anniversary of such person's original enlistment
or call to active duty.
"(d)(1) A person who signs a reserve affiliation agreement under this
section and who fails during the period covered by such agreement to
serve satisfactorily in the Selected Reserve in which such person agrees
to serve shall refund to the United States an amount which bears the
same ratio to the amount of the bonus paid to such person as the period
which such person failed to satisfactorily serve bears to the total
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 // 11 USC 101. // that
is entered less than 5 years after the termination of an agreement under
this section does not discharge the person 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, 1980.
"(e) No bonus may be paid under this section to any person for a
reserve obligation agreement entered into after September 30, 1981.".
(2) The table of sections at the beginning of such chapter is amended
by inserting after the item relating to section 308c the following new
items:
"308d. Special pay: bonus for enlistment, reenlistment, or
extension of enlistment in elements of the Ready Reserve other than the
Selected Reserve.
"308e. Special pay: bonus for reserve affiliation agreement.".
(3) Section 308d of title 37, United States Code, // 37 USC 308d //
as added by paragraph (1), shall apply only to enlistments,
reenlistments, and extensions of enlistments made after September 30,
1980. Agreements may not be entered into under section 308e of such
title, as added by such paragraph, before October 1, 1980.
(b) Sections 308b(g) and 308c(f) of such title, // 37 USC 308b, 308c.
// relating to reenlistment and enlistment bonuses for members of the
Selected Reserve of the Ready Reserve, are amended by striking out "
September 30, 1980" and inserting in lieu thereof " September 30, 1985".
Sec. 806. (a)(1) Chapter 5 of title 37, United States Code, is
amended by inserting after section 301a the following new section:
" Section 301b. // 37 USC 301b. // Special pay: aviation career
officers extending period of active duty
"(a) Under regulations prescribed by the Secretary of Defense, or by
the Secretary of Transportation with respect to the Coast Guard when it
is not operating as a service in the Navy, an officer of a uniformed
service who--,
"(1) is entitled to aviation career incentive pay under section
301a of this title;
"(2) is in a pay grade below the pay grade of O-7;
"(3) is qualified to perform operational flying duty (as such
term is defined in clause (6) of section 301a(a) of this title);
"(4) has at least 6 but less than 18 years of aviation service
as an officer;
"(5) executes a written agreement to remain on active duty in
aviation service for at least one year; and
"(6) is in an aviation specialty designated as critical;
may, upon the acceptance of the written agreement by the Secretary of
Defense or the Secretary of Transportation, as applicable, be paid an
amount not to exceed the product of four months' basic pay (computed at
the rate applicable to the officer at the time the agreement is
executed) and the number of years (or the monthly fractions thereof)
that the officer agrees to remain on active duty under the agreement.
An agreement under this section may not extend beyond the date on which
the officer would complete 19 years of aviation service. Upon
acceptance of the agreement by the Secretary of Defense or the Secretary
of Transportation, as appropriate, and subject to subsection (d) of this
section, the total amount payable becomes fixed and may be paid in
either a lump sum or in installments.
"(b) Special pay under this section is in addition to any other pay
and allowances to which an officer is entitled.
"(c) For the purpose of this section, the term 'aviation service'
means the service performed by an officer holding an aeronautical rating
or designation (except a flight surgeon or other medical officer) under
regulations prescribed by the Secretary of Defense or the Secretary of
Transportation. The years of aviation service are computed beginning
with the effective date of the initial order to perform aviation
service.
"(d)(1) Under regulations prescribed by the Secretary of Defense or
by the Secretary of Transportation, as appropriate, refunds shall be
required, on a pro-rata basis, of sums paid under this section if the
officer who has received the payment fails to complete the total period
of active duty in aviation service specified in the agreement. Nothing
in this section shall alter or modify the obligation of a regular
officer to perform active service at the pleasure of the President.
Completion of the agreed-upon period of active duty in aviation service
under this section shall not obligate the President to accept a
resignation submitted by a regular officer.
"(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 // 11 USC 101. // that
is entered les than 5 years after the termination of an agreement under
this section 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, 1980.".
(2) The table of sections at the beginning of such chapter is amended
by inserting after the item relating to section 301a the following new
item:
"301b. Special pay: aviation career officers extending period of
active duty.".
(b) Agreements may not be entered into under section 301b of title
37, United States Code, // 37 USC 301b. // as added by subsection (a),
before October 1, 1980.
OFFICIAL BUSINESS
Sec. 807. (a) Section 404(d) of title 37, United States Code,
relating to per diem travel and transportation expenses, is amended by
striking out "$35" and "$50" and inserting in lieu thereof "$50" and
"$75", respectively.
(b) The amendments made by subsection (a) // 37 USC 404 // shall only
apply to travel and transportation expenses incurred after September 30,
1980.
MOBILE
HOMES
Sec. 808. (a)(1) Section 409 of title 37, United States Code, is
amended to read as follows:
" Section 409. Travel and transportation allowances: house trailers
and mobile homes
"(a)(1) A member, or in the case of a member's death, the member's
dependent, who would otherwise be entitled to transportation of baggage
and household effects under section 406 of this title, // 37 USC 406.
// may be provided transportation of a house trailer or mobile home
dwelling within the continental United States, within Alaska, or between
the continental United States and Alaska (or reimbursement for such
transportation), if the house trailer or mobile home dwelling is
intended for use as a residence by such member or dependent. Such
transportation may be limited to such modes and maximum costs as may be
prescribed by regulations under subsection (d) of this section.
"(2) Except as provided in subsection (c) of this section,
transportation of a house trailer or mobile home dwelling under
paragraph (1) of this subsection is in place of the transportation of
baggage and household effects the member or member's dependent would
otherwise be entitled to have provided.
"(3) The cost of transportation of a house trailer or mobile home
dwelling under paragraph (1) of this subsection may not be more than the
total cost of transportation (including packing, pick-up, line-haul or
drayage, delivery, and unpacking) of baggage and household effects of
the member or dependent having the maximum weight authorized for the
member or dependent under regulations prescribed by the Secretary
concerned.
"(4) A house trailer or mobile home dwelling in transit under this
section may be stored up to 180 days in accordance with regulations
prescribed by the Secretary concerned.
"(b) Any payment authorized by this section may be made in advance of
the transportation concerned.
"(c) A member or member's dependent who is entitled to the
transportation of baggage and household effects from a place inside the
continental United States or Alaska to a place outside the continental
United States or Alaska, or from a place outside the continental United
States or Alaska to a place inside the continental United States or
Alaska, may be provided the transportation of a house trailer or mobile
home dwelling under this section, but the total cost to the Government
of the transportation of baggage and household effects and the transport
of a house trailer or mobile home dwelling may not exceed the cost of
transporting baggage and household effects of the member or dependent
having the maximum weight authorized for the member or dependent under
regulations prescribed by the Secretary concerned.
"(d) The Secretaries concerned shall prescribe regulations to carry
out this section.
"(e) In this section, 'continental United States' means the 48
contiguous States and the District of Columbia.".
(2) The item relating to section 409 in the table of sections at the
beginning of chapter 7 of such title is amended to read as follows:
"409. Travel and transportation allowances: house trailers and
mobile homes.".
(b) The amendments made by subsection (a) // 37 USC 409 // shall only
apply to transportation of house trailers and mobile home dwellings
which is completed after September 30, 1980.
MEMBERS
Sec. 809. (a) Section 427(b) of title 37, United States Code,
relating to family separation allowance, is amended by striking out
"(other than a member in pay grade E-1, E-2, E-3, or E-4 (4 years' or
less service))".
(b) The amendment made by subsection (a) // 37 USC 427 // shall take
effect with respect to months after September 1980.
PROGRAM
Sec. 810. (a) Subsection (a) of section 1079 of title 10, United
States Code, relating to contracts for medical care for dependents of
members on active duty, is amended--,
(1) by inserting "of dependents over two years of age" in
clause (2) after "immunizations"; and
(2) by striking out "routine care of the newborn, well-baby
care, and" in clause (3).
(b) Subsection (e)(2) of such section is amended by striking out
"$350" and inserting in lieu thereof "$1,000".
(c) The amendments made by this section // 10 USC 1079 // shall apply
to medical care provided after September 30, 1980.
OFFICER
CANDIDATE PROGRAMS
Sec. 811. (a) Section 209 of title 37, United States Code, relating
to members of precommissioning programs, is amended by adding at the end
thereof the following new subsection:
"(d)(1) Except when serving on active duty, a member who is enrolled
in a Marine Corps officer candidate program which requires a
baccalaureate degree as a prerequisite to being commissioned as an
officer and who is not enrolled in a program established under chapter
103 of title 10 // 10 USC 2101 // or an academy established under
chapter 403, 603, or 903 of title 10 // 10 USC 4331, 6951, 9331. // may
be paid a subsistence allowance at the same rate as that prescribed by
subsection (a) of this section for a member of the Senior Reserve
Officers' Training Corps who is selected for advanced training under
section 2104 of title 10.
"(2) No subsistence allowance may be paid under paragraph (1) of this
subsection for any period after September 30, 1982.".
(b) The Act entitled " An Act to provide subsistence allowances for
members of the Marine Corps officer candidate programs", approved
November 24, 1971 (37 U.S.C. 209 note), is repealed.
RETAINER
PAY
Sec. 812. // 10 USC 1401a // (a)(1) The increase in the retired and
retainer pay of members and former members of the uniformed services
which but for this section would be made effective September 1, 1980,
under the provisions of paragraph (2)(B) of section 1401a(b) of title
10, United States Code, shall not be made.
(2)(A) In making the determination required by the provisions of
paragraph (1)(A) of section 1401a(b) of title 10, United States Code, to
be made on January 1, 1981, or within a reasonable time thereafter, the
Secretary of Defense shall determine the percent change in the index (as
such term is defined in section 1401a(a) of title 10, United States
Code) published for December 1980 over the index published for December
1979 (rather than over the index published for June 1980).
(B) The increase in the retired and retainer pay of members and
former members of the uniformed services to be made effective March 1,
1981, under the provisions of paragraph (2)(A) of such section shall, in
lieu of the increase prescribed by such paragraph, be the percent change
computed under subparagraph (A), adjusted to the nearest 1/10 of one
percent.
(3) The President shall by Executive order provide for only one
cost-of-living adjustment in the annuities paid under the Central
Intelligence Agency Act of 1964 for Certain Employees (50 U.S.C. 403
note) during the period beginning on September 1, 1980, and ending on
August 31, 1981. Such adjustment shall be effective March 1, 1981, and
shall be made in the same manner and percentage as the adjustment
provided for in paragraph (1) and (2) for the retired and retainer pay
of members and former members of the uniformed services.
(4) Paragraphs (1), (2), and (3) shall not take effect unless similar
legislation is enacted which provides for only one cost-of-living
increase in annuities paid under subchapter III of chapter 83 of title
5, United States Code, // 5 USC 8331. // during the period beginning on
September 1, 1980, and ending on August 31, 1981.
(b)(1) Effective August 31, 1981, but subject to paragraph (3),
section 1401a(b) of title 10, United States Code, relating to adjustment
of retired pay and retainer pay to reflect changes in the Consumer Price
Index, is amended to read as follows:
"(b) Each time that an increase is made under section 8340(b) of
title 5 in annuities paid under subchapter III of chapter 83 of such
title, // 5 USC 8331. // the Secretary of Defense shall at the same
time increase the retired and retainer pay of members and former members
of the armed forces by the same percent as the percentage by which
annuities are increased under such section.".
(2) The amendment made by paragraph (1) // 10 USC 1401a // shall not
take effect unless legislation is enacted which provides for the
adjustment of annuities paid under subchapter III of chapter 83 of title
5, United States Code, on a once-a-year basis. In the event such
legislation is enacted, such amendment shall become effective with
respect to adjustments in the retired pay and retainer pay of members
and former members of the uniformed services at the same time that the
legislation providing for such a once-a-year adjustment of annuities
paid under subchapter III of chapter 83 of title 5, United States Code,
becomes effective.
(3) If legislation described in paragraph (2) is enacted to provide
for the adjustment of annuities paid under subchapter III of chapter 83
of title 5, United States Code, on a once-a-year basis, the President
shall exercise the authority vested in him under section 292 of the
Central Intelligence Agency Act of 1964 for Certain Employees (50 U.S.
C. 403 note) to provide for cost-of-living adjustments in the annuities
paid under such Act on an identical basis.
(4) If at the time the first adjustment in retired and retainer pay
is made under section 1401a(b) of title 10, United States Code, as
amended by paragraph (1) of this subsection, the period upon which the
most recent adjustment in such retired and retainer pay was computed is
not identical to the period upon which the most recent adjustment in
annuities under subchapter III of chapter 83 of title 5, United States
Code, was computed, then the percentage increase to be made under such
section 1401a(b) at the time of the first such adjustment shall be
computed in the same manner as the percentage increase made at the same
time in annuities undersubchapter III of chapter 83 of title 5, United
States Code, is computed, but shall be based on the period beginning on
the last day of the period upon which the most recent adjustment in such
retired and retainer pay was computed and ending on the last day of the
period upon which the adjustment being made at the same time in
annuities under such subchapter III is computed. The President shall by
Executive order provide for a similar computation of the adjustment in
annuities paid under the Central Intelligence Agency Act of 1964 for
Certain Employees (50 U.S.C. 403 note) which is made at the same time as
the increase in retired and retainer pay to which the preceeding
sentence is applicable.
(c) For the purposes of this section, the term "uniformed services"
means--,
(1) the Armed Forces; and
(2) the commissioned corps of the National Oceanic and
Atmospheric Administration and of the Public Health Service.
FOR PERSONS
BECOMING MEMBERS OF THE UNIFORMED SERVICES AFTER
THE ENACTMENT
OF THIS ACT
Sec. 813. (a)(1) Chapter 71 of title 10, United States Code,
relating to computation of retired pay, is amended by adding at the end
thereof the following new section:
" Section 1407. // 10 USC 1407. // Retired pay base
"(a)(1) The retired pay or retainer pay of any person who first
became a member of a uniformed service on or after the date of the
enactment of the Department of Defense Authorization Act, 1981, is
determined using the monthly retired pay base or monthly retainer pay
base computed under this section. In making any computation under this
section, the rates of basic pay to be used are those most favorable to
the member.
"(2) In this section, 'uniformed service' means--,
"(A) any of the armed forces;
"(B) the commissioned corps of the Public Health Service; or
"(C) the commissioned corps of the National Oceanic and
Atmospheric Administration.
"(b)(1) In the case of a member who is retired under section 1201 or
1202 of this title, // 10 USC 1201, 1202. // the monthly retired pay
base is--,
"(A) one thirty-sixth of the total amount of monthly basic pay
which the member received for any 36 months (whether or not
consecutive) of active duty as a member of a uniformed service;
or
"(B) in the case of a member who served on active duty for less
than 36 months, the amount equal to the total amount of basic pay
which the member received during the period he served on active
duty as a member of a uniformed service divided by the number of
months (including any fraction thereof) which he served on active
duty.
"(2) In the case of a member who is retired under section 1204 or
1205 of this title, // 10 USC 1204, 1205. // the monthly retired pay
base is--,
"(A) one thirty-sixth of the total amount of monthly basic pay
which the member would have received if he had served on active
duty as a member of a uniformed service during any 36 months
(whether or not consecutive) during the period he was a member of
a uniformed service preceding the date on which he became entitled
to retired pay; or
"(B) in the case of a member who was a member for less than 36
months, the amount equal to the total amount of basic pay which he
would have received if he had served on active duty during the
period he was a member of a uniformed service divided by the
number of months (including any fraction thereof) he was such a
member.
"(3) In the case of a member who is retired under section 1331 of
this title, // 10 USC 1331. // the monthly retired pay base is one
thirty-sixth of the total amount of monthly basic pay to which the
member would have been entitled during any 36 months (whether or not
consecutive) during the period he was a member of a uniformed service
had he served on active duty during such months.
"(4) In the case of a member who is retired under section 564, 1263,
1293, or 1305 of this title, // 10 USC 564, 1263, 1293, 1305. // the
monthly retired pay base is one thirty-sixth of the total amount of
monthly basic pay which the member received for any 36 months (whether
or not consecutive) of active duty as a member of a uniformed service.
"(5) In the case of a member whose retired or retainer pay is
recomputed under section 1402a(d) of this title, the monthly retired pay
base is one thirty-sixth of the total amount of monthly basic pay which
the member received for any 36 months (whether or not consecutive) of
active duty as a member of a uniformed service.
"(c)(1) In the case of a member whose retired pay is computed under
section 3991 of this title // 10 USC 3991. // (other than a member who
is retired under section 3914 of this title) // 10 USC 3914. // or who
is entitled to retired pay under section 3992 of this title, // 10 USC
3992. // the monthly retired pay base is one thirty-sixth of the total
amount of monthly basic pay which the member received for any 36 months
(whether or not consecutive) of active duty as a member of a uniformed
service.
"(2) In the case of a member who is retired under section 3914 of
this title, // 10 USC 3914. // the monthly retired pay base is one
thirty-sixth of the total amount of monthly basic pay which the member
received for any 36 months (whether or not consecutive) of active duty
as an enlisted member.
"(d)(1) In the case of a member whose retired pay is computed under
section 6322, 6323, 6325, 6326, 6381, 6383, 6390, 6394, 6396, 6398, or
6400 of this title // 10 USC 6322, 6323, 6325, 6326, 6381, 6383, 6390,
6394, 6396, 6398 , 6400. // or who is advanced on the retired list
under section 6151 of this title, // 10 USC 6151. // the monthly
retired pay base is one thirty-sixth of the total amount of monthly
basic pay which the member received for any 36 months (whether or not
consecutive) of active duty as a member of a uniformed service.
"(2) In the case of a member transferred to the Fleet Reserve or
Fleet Marine Corps Reserve under section 6330 of this title, // 10 USC
6330. // the monthly retainer pay base is one thirty-sixth of the total
amount of monthly basic pay which the member received for any 36 months
(whether or not consecutive) of active duty as an enlisted member.
"(e)(1) In the case of a member whose retired pay is computed under
section 8991 of this title // 10 USC 8991. // (other than a member who
is retired under section 8914 of this title) // 10 USC 8914. // or who
is entitled to retired pay under section 8992 of this title, // 10 USC
8992. // the monthly retired pay base is one thirty-sixth of the total
amount of monthly basic pay which the member received for any 36 months
(whether or not consecutive) of active duty as a member of a uniformed
service.
"(2) In the case of a member who is retired under section 8914 of
this title, // 10 USC 8914. // the monthly retired pay base is one
thirty-sixth of the total amount of monthly basic pay which the member
received for any 36 months (whether or not consecutive) of active duty
as an enlisted member.
"(f) In the case of a member who is retired under any section of
title 14, // 14 USC 1. // the monthly retired pay base is one
thirty-sixth of the total amount of monthly basic pay which the member
received for any 36 months (whether or not consecutive) of active duty
as a member of a uniformed service.
"(g) In the case of a member whose retired pay is computed under
section 16 of the Coast and Geodetic Survey Commissioned Officers' Act
of 1948 (33 U.S.C. 853o), the monthly retired pay base is one
thirty-sixth of the total amount of monthly basic pay which the member
received for any 36 months (whether or not consecutive) of active duty
as a member of a uniformed service.
"(h) In the case of a member who is retired under section 210(g) or
211(a) of the Public Health Service Act (42 U.S.C. 211(g) and 212(a)),
the monthly retired pay base is one thirty-sixth of the total amount of
monthly basic pay which the member received for any 36 months (whether
or not consecutive) of active duty as a member of a uniformed service.".
(2) The table of sections at the beginning of such chapter is amended
by adding at the end thereof the following new item:
" Sec. 1407. Retired pay base.".
(b)(1) The table contained in section 1401 of title 10, United States
Code, is amended by striking out " Take" in the heading in column 1 and
inserting in lieu thereof the following: " For a person who first
became a member of a uniformed service (as defined in section 1407(a)(2)
of this title) on or after the date of the enactment of the Department
of Defense Authorization Act, 1981, take the monthly retired pay base as
computed under section 1407(b). For all others, take".
(2) Section 1402 of such title // 10 USC 1402. // is amended by
inserting "who first became a member of the armed forces before the date
of the enactment of the Department of Defense Authorization Act, 1981,
and" in subsections (a), (b), and (c) after "of an armed force".
(3)(A) Chapter 71 of such title is amended by inserting after section
1402 the following new section:
" Section 1402a. // 10 USC 1402a. // Recomputation of retired or
retainer pay to reflect later active duty in case of members who first
became members after the enactment of the Department of Defense
Authorization Act, 1981
"(a) A member of an armed force who first became a member of a
uniformed service (as defined in section 1407(a)(2) of this title) on or
after the date of the enactment of the Department of Defense
Authorization act, 1981, who has become entitled to retired pay or
retainer pay, and who thereafter serves on active duty (other than for
training), is entitled to recompute his retired pay or retainer pay upon
his release from that duty as follows:
TABLE OMITTED
"(b) A member of an armed force who first became a member of a
uniformed service on or after the date of the enactment of the
Department of Defense Authorization Act, 1981, who has been retired
other than for physical disability and who while on active duty incurs a
physical disability of at least 30 percent for which he would otherwise
be eligible for retired pay under chapter 61 of title, // 10 USC 1201 //
is entitled, upon his release from active duty, to retired pay under
subsection (d).
"(c) A member of an armed force whofirst became a member of a
uniformed service on or after the date of the enactment of the
Department of Defense Authorization Act, 1981, and who--,
"(1) was retired for physical disability under section 1201 or
1204 of this title
// 10 USC 1201, 1204. //
or any other law or whose name is on the temporary disability
retired list;
"(2) incurs, while on active duty after retirement or after his
name was placed on the temporary disability retired list, a
physical disability that is in addition to or that aggravates the
physical disability for which he was retired or for which his name
was placed on that list; and
"(3) is qualified under section 1201, 1202, 1204, or 1205 of
this title;
// 10 USC 1201, 1202, 1204, 1205. // is entitled, upon his release from
active duty, to retired pay under subsection (d).
"(d) A member of an armed force covered by subsection (b) or (c) may
elect to receive either (1) the retired pay to which he became entitled
when he retired, increased by any applicable adjustments in that pay
under section 1401a of this title // 10 USC 1401a. // after he
initially became entitled to that pay, or (2) retired pay computed as
follows:
TABLE OMITTED
"(e) Notwithstanding subsection (a), a member covered by that
subsection may elect, upon his release from that active duty, to have
his retired pay or retainer pay--,
"(1) computed according to the formula set forth in subsection
(a) but using the monthly retired pay base under which his retired
pay or retainer pay was computed when he entered on that active
duty; and
"(2) increased by any applicable adjustments in that pay under
section 1401a of this title after he initially became entitled to
that pay.".
(B) The table of sections at the beginning of such chapter // 10 USC
1402. // is amended by inserting after the item relating to section
1402 the following new item:
" Sec. 1402a. Recomputation of retired or retainer pay to reflect
later active duty in case of members who first became members after the
enactment of the Department of Defense Authorization Act, 1981.".
(C) Sections 1373 and 1403 of such title // 10 USC 1373, 1403. //
are amended by inserting "or 1402a(d)" after "1402(d)".
(D) The second sentence of section 205(a) of title 37, United States
Code, is amended by inserting "and section 1402a(a)-(d)" after "1402(
a)-(d)".
(c) The tables contained in sections 3991 and 3992 of title 10,
United States Code, are amended by striking out " Take" in the heading
in column 1 and inserting in lieu thereof the following: " For a person
who first became a member of uniformed service (as defined in section
1407(a)(2) of this title) on or after the date of the enactment of the
Department of Defense Authorization Act, 1981, take the monthly retired
pay base as computed under section 1407(c). For all others, take".
(d)(1) Subsection (c) of section 6322 of title 10, United States
Code, is amended to read as follows:
"(c) Each officer who is retired under this section is entitled to
retired pay--,
"(1) in the case of an officer who first became a member of a
uniformed service (as defined in section 1407(a)(2) of this title)
before the date of the enactment of the Department of Defense
Authorization Act, 1981, at the rate of 75 percent of the highest
basic pay of the grade in which retired; or
"(2) in the case of an officer who first became a member of a
uniformed service (as defined in section 1407(a)(2) of this title)
on or after the date of the enactment of the Department of Defense
Authorization Act, 1981, at the rate of 75 percent of the monthly
retired pay base computed under section 1407(d) of this title."
(2) Subsection (e) of section 6323 of such title // 10 USC 6323. //
is amended to read as follows:
"(e) Unless otherwise entitled to higher pay, an officer retired
under this section is entitled to retired pay--,
"(1) in the case of an officer who first became a member of a
uniformed service (as defined in section 1407(a)(2) of this title)
before the date of the enactment of the Department of Defense
Authorization Act, 1981, at the rate of 2 percent of the basic pay
of the grade in which retired; or
"(2) in the case of an officer who first became a member of a
uniformed service (as defined in section 1407(a)(2) of this title)
on or after the date of the enactment of the Department of Defense
Authorization Act, 1981, at the rate of 2 percent of the monthly
retired pay base computed under section 1407(d) of this title;
multiplied by the number of years of service that may be credited to him
under section 1405 of title, // 10 USC 1405. // but the retired pay so
computed may not be more than 75 percent of the basic pay or monthly
retired pay base upon which the computation of retired pay is based.".
(3)(A) Subsection (a)(2) of section 6325 of such title // 10 USC
6325. // is amended to read as follows:
"(2) unless otherwise entitled to higher pay, is entitled to
retired pay--,
of
a uniformed service (as defined in section 1407(a)(2)
of this
title) before the date of the enactment of the
Department of
Defense Authorization Act, 1981, at the rate of 2
percent of
the basic pay of the grade in which he retired; or
of
a uniformed service (as defined in section 1407(a)(2)
of this
title) on or after the date of the enactment of the
Department
of Defense Authorization Act, 1981, at the rate of 2
percent of the monthly retired pay base computed under
section 1407(d) of this title;
multiplied by the number of years of service that may be credited
to him under section 1405 of this title,
// 10 USC 1405. //
but the retired pay so computed may not be more than 75 percent of
the basic pay or monthly retired pay base upon which the
computation of retired pay is based.".
(B) Subsection (b)(2) of such section is amended to read as follows:
"(2) unless otherwise entitled to higher pay, is entitled to
retired pay--,
of
a uniformed service (as defined in section 1407(a)(2)
of this
title) before the date of the enactment of the
Department of
Defense Authorization Act, 1981, at the rate of 2
percent of
of
a uniformed service (as defined in section 1407(a)(2)
of this
title) on or after the date of the enactment of the
Department
of Defense Authorization Ct, 1981, at the rate of2
percent of the monthly retired pay base computed under
section 1407(d) of this title;
multiplied by the number of years of service that may be credited
to him under section 1405 of this title, but the retired pay so
computed may not be more than 75 percent of the basic pay or
monthly retired pay base upon which the computation of retired pay
is based.".
(4) Clause (2) of section 6326(c) of such title // 10 USC 6326. //
is amended to read as follows:
"(2) unless otherwise entitled to higher pay, is entitled to
retired pay--,
of a
uniformed service (as defined in section 1407(a)(2) of
this
title) before the date of the enactment of the
Department of
Defense Authorization Act, 1981, at the rate of 75
percent of
the basic pay of the pay grade in which he was serving
on the
day before retirement or, if he has served as senior
enlisted
advisor of the Navy or as sergeant major of the Marine
Corps, 75 percent of the highest basic pay to which he
was
entitled while so serving, if that rate is higher; or
of a
uniformed service (as defined in section 1407(a)(2) of
this
title) on or after the date of enactment of the
Department
of Defense Authorization Act, 1981, computed by
multiplying the monthly retired pay base computed under
section 1407(d) of this title by 75 percent.".
(5) Subsection (c) of section 6330 of such title // 10 USC 6330. //
is amended to read as follows:
"(c)(1) Each member who is transferred to the Fleet Reserve or the
Fleet Marine Corps Reserve under this section is entitled, when not on
active duty, to retainer pay--,
"(A) in the case of a member who first became a member of a
uniformed service (as defined in section 1407(a)(2) of this title)
before the date of the enactment of the Department of Defense
Authorization Act, 1981, at the rate of 2 percent of the basic pay
that he received at the time of transfer or, in the case of a
member who has served as senior enlisted advisor of the Navy or
sergeant major of the Marine Corps, of the highest basic pay to
which he was entitled while so serving, if that basic pay is
higher than the basic pay received at the time of transfer; or
"(B) in the case of a member who first became a member of a
unformed service (as defined in section 1407(a)(2) of this title)
on or after the date of enactment of the Department of Defense
Authorization Act, 1981, at the rate of 2 percent of the monthly
retainer pay base computed under section 1407(d) of this title;
multiplied by the number of years of active service in the armed forces.
"(2) A member may recompute his retainer pay under section 1402 or
1402a of this title, // 10 USC 1402 // as appropriate, to reflect active
duty after transfer.
"(3) If the member has been credited by the Secretary of the Navy
with extraordinary heroism in the line of duty, which determination by
the Secretary is final and conclusive for all purposes, his retainer pay
shall be increased by 10 percent.
"(4) In no case may a member's retainer pay be more than 75 percent
of the basic pay or monthly retainer pay base upon which the computation
of retainer pay is based.".
(6)(A) Subsection (a)(2) of section 6381 of such title // 10 USC
6381. // is amended to read as follows:
"(2) is entitled to retired pay--,
of
a uniformed service (as defined in section 1407(a)(2)
of this
title) before the date of the enactment of the
Department of
Defense Authorization Act, 1981, at the rate of 2
percent of
the basic pay of the grade in which she retired; or
of
a uniformed service (as defined in section 1407(a)(2)
of this
title) on or after the date of the enactment of the
Department
of Defense Authorization Act, 1981, at the rate of 2
percent of the monthly retired pay base computed under
section 1407(d) of this title;
multiplied by the number of years of service that may be credited
to him under section 1405 of this title,
// 10 USC 1405. //
but the retired pay may not be more than 75 percent of the basic
pay or monthly retired pay base upon which the computation of
retired pay is based."
(B) Subsections (b) and (c) of such section are amended by inserting
"or monthly retired pay base, as the case may be," after "basic pay".
(7) Section 6383(c)(2) of such title // 10 USC 6383. // is amended
to read as follows:
"(2) is entitled to retired pay--,
of
a uniformed service (as defined in section 1407(a)(2)
of this
title) before the date of the enactment of the
Department of
Defense Authorization Act, 1981, at the rate of 2
percent of
the basic pay to which he would be entitled if serving
on
active duty in the grade in which he retired; or
of
a uniformed service (as defined in section 1407(a)(2)
of this
title) on or after the date of the enactment of the
Department
of Defense Authorization Act, 1981, at the rate of 2
percent of the monthly retired pay base computed under
section 1407(d) of this title;
multiplied by the number of years of service that may be credited
to him under section 1405 of this title,
// 10 USC 1405. //
but the retired pay may not be more than 75 percent of the basic
pay or monthly retired pay base upon which the computation of
retired pay is based.".
(8) Section 6390(b)(2) of such title // 10 USC 6390. // is amended
to read as follows:
"(2) to retired pay--,
of
a uniformed service (as defined in section 1407(a)(2)
of this
title) before the date of the enactment of the
Department of
Defense Authorization Act, 1981, at the rate of 2
percent of
the basic pay of the grade in which he retired; or
of
a uniformed service (as defined in section 1407(a)(2)
of this
title) on or after the date of the enactment of the
Department
of Defense Authorization Act, 1981, at the rate of 2
percent of the monthly retired pay base computed under
section 1407(d) of this title;
multiplied by the number of years of service that may be credited
to him under section 1405 of this title, but the retired pay may
not be more than 75 percent of the basic pay or monthly retired
pay base upon which the computation of retired pay is based.".
(9) Subsection (h) of section 6394 of such title // 10 USC 6394. //
is amended to read as follows:
"(h) Unless otherwise entitled to higher pay, an officer retired
under this section is entitled to retired pay--,
"(1) in the case of an officer who first became a member of a
uniformed service (as defined in section 1407(a)(2) of this title)
before the date of the enactment of the Department of Defense
Authorization Act, 1981, at the rate of 2 percent of the basic pay
of the grade in which he retired; or
"(2) in the case of a officer who first became a member of a
uniformed service (as defined in section 1407(a)(2) of this title)
on or after the date of the enactment of the Department of Defense
Authorization Act, 1981, at the rate of 2 percent of the monthly
retired pay base computed under section 1407(d) of this title;
multiplied by the number of years of service that may be credited to him
under section 1405 of this title, but the retired pay may not be more
than 75 percent of the basic pay or monthly retired pay base upon which
the computation of retired pay is based.".
(10) Clause (2) of section 6396(b) of such title // 10 USC 6396. //
is amended to read as follows:
"(2) with retired pay--,
of
a uniformed service (as defined in section 1407(a)(2)
of this
title) before the date of the enactment of the
Department of
Defense Authorization Act, 1981, at the rate of 2
percent of
the basic pay of the grade in which she retired; or
of
a uniformed service (as defined in section 1407(a)(2)
of this
title) on or after the date of the enactment of the
Department
of Defense Authorization Act, 1981, at the rate of 2
percent of the monthly retired pay base computed under
section 1407(d) of this title;
multiplied by the number of years of service that may be credited
to her under section 1405 of this title, but the retired pay may
not be more than 75 percent of the basic pay or monthly retired
pay base upon which the computation of retired pay is based and,
in the case of retired pay computed under clause (A), may not be
less than 50 percent of the basic pay upon which the computation
of retired pay is based.".
(11) Clause (2) of section 6398(c)(2) of such title // 10 USC 6398.
// is amended to read as follows:
"(2) is entitled to retired pay--,
of
a uniformed service (as defined in section 1407(a)(2)
of this
title) before the date of the enactment of the
Department of
Defense Authorization Act, 1981, at the rate of 2
percent of
the basic pay of the grade in which she retired; or
of
a uniformed service (as defined in section 1407(a)(2)
of this
title) on or after the date of the enactment of the
Department
of Defense Authorization Act, 1981, at the rate of 2
percent of the monthly retired pay base computed under
section 1407(d) of this title;
multiplied by the number of years of service that may be credited
to her under section 1405 of this title,
// 10 USC 1405. //
but the retired pay may not be more than 75 percent of the basic
pay or monthly retired pay base upon which the computation of
retired pay is based and, in the case of retired pay computed
under clause (A), may not be less than 50 percent of the basic pay
upon which the computation of retired pay is based.".
(12) Clause (2) of section 6400(b) of such title // 10 USC 6400. //
is amended to read as follows:
"(2) is entitled to retired pay--,
of
a uniformed service (as defined in section 1407(a)(2)
of this
title) before the date of the enactment of the
Department of
Defense Authorization Act, 1981, at the rate of 2
percent of
the basic pay of the grade in which she retired; or
of
a uniformed service (as defined in section 1407(a)(2)
of this
title) on or after the date of the enactment of the
Department
of Defense Authorization Act, 1981, at the rate of 2
percent of the monthly retired pay base computed under
section 1407(d) of this title;
multiplied by the number of years of service that may be credited
to her under section 1405 of this title, but the retired pay may
not be more than 75 percent of the basic pay or monthly retired
pay base upon which the computation of retired pay is based.".
(13) Subsections (b) and (c) of section 6151 of such title // 10 USC
6151. // are amended to read as follows:
"(b)(1) Each member, other than a former member of the Fleet Reserve
or the Fleet Marine Corps Reserve, who is advanced on the retired list
under this section is, unless otherwise entitled to higher retired pay,
entitled to retired pay--,
"(A) in the case of a member who first became a member of a
uniformed service (as defined in section 1407(a)(2) of this title
before the date of the enactment of the Department of Defense
Authorization Act, 1981, at the rate of 2 percent of the basic pay
of the grade to which advanced; or
"(B) in the case of a member who first became a member of a
uniformed service (as defined in section 1407(a)(2) of this title)
on or after the date of the enactment of the Department of Defense
Authorization Act, 1981, at the rate of 2 percent of the monthly
retired pay base computed under section 1407(d) of this title;
multiplied by the number of years of service that may be credited to him
under section 1405 of this title, // 10 USC 1405. // but the retired
pay may not be more than 75 percent of the basic pay or monthly retired
pay base upon which the computation of retired pay is based.
"(2) In determining the number of years to be used as a multiplier
under this subsection, a part of a year that is six months or more is
counted as a whole year and a part of a year that is less than six
months is disregarded.
"(c)(1) Each former member of the Fleet Reserve or the Fleet Marine
Corps Reserve who first became a member of a uniformed service (as
defined in section 1407(a)(2) of this title) before the date of the
enactment of the Department of Defense Authorization Act, 1981, who is
advanced on the retired list under this section is entitled to retired
pay based upon the grade to which advanced. Such retired pay shall be
at the rate of 2 percent of the basic pay of the grade to which
advanced, determined by the same period of service used to determine the
basic pay of the grade upon which his retainer pay is based, multiplied
by the number of years of service creditable for his retainer pay at the
time of retirement, but the retired pay may not be more than 75 percent
of the basic pay upon which the computation of retired pay is based.
"(2) Each former member of the Fleet Reserve or the Fleet Marine
Corps Reserve who first became a member of a uniformed service (as
defined in section 1407(a)(2) of this title) on or after the date of the
enactment of the Department of Defense Authorization Act, 1981, who is
advanced on the retired list under this section is entitled to retired
pay at the rate of 2 percent of the monthly retired pay base computed
under section 1407(d) of this title, multiplied by the number of years
of service creditable for his retainer pay at the time of retirement,
but the retired pay may not be more than 75 percent of the monthly
retired pay base upon which the computation of retired pay is based.".
(e) The tables contained in sections 8991 and 8992 of title 10,
United States Code, are amended by striking out " Take" in the heading
in column 1 and inserting in lieu thereof the following: " For a person
who first became a member of a uniformed service (as defined in section
1407(a)(2) of this title) on or after the date of the enactment of the
Department of Defense Authorization Act, 1981, take the monthly retired
pay base as computed under section 1407(e). For all others, take".
(f)(1) Subsection (b) of section 288of title 14, United States Code,
is amended to read as follows:
"(b) Except as provided in section 423(b) of this title, the retired
pay of an officer retired under this section shall not be less than 50
percent of the basic pay upon which the computation of his retired pay
is based.".
(2) Section 423 of such title // 14 USC 423. // is amended--,
(A) by striking out " The" at the beginning of such section and
inserting in lieu thereof "(a) Except as provided in subsection
(b), the"; and
(B) by adding at the end thereof the following new subsection:
"(b) Notwithstanding any other provision of this title, the retired
pay of each officer or enlisted member of the Coast Guard who first
became a member of a uniformed service (as defined in section 1407(a)(
2) of title 10) on or after the date of the enactment of the Department
of Defense Authorization Ct, 1981, is computed at the rate of 2 percent
of the monthly retired pay base (computed under section 1407(f) of title
10) // 10 USC 1405. // multiplied by the number of years of service
that may be credited to him under section 1405 of title 10, but the
retired pay so computed may not be more than 75 percent of such monthly
retired pay base.".
(g) Section 16 of the Coast and Geodetic Survey Commissioned
Officers' Act of 1948 (33 U.S.C. 853o) is amended to read as follows:
" Sec. 16. (a) Each commissioned officer on the retired list shall
receive retired pay--,
"(1) in the case of an officer who first became a member of a
uniformed service (as defined in section 1407(a)(2) of title 10,
United States Code) before the date of the enactment of the
Department of Defense Authorization Act, 1981, at the rate of 2
percent of the basic pay of the rank with which retired; or
"(2) in the case of an officer who first became a member of a
uniformed service (as defined in section 1407(a)(2) of title 10,
United States Code) on or after the date of the enactment of the
Department of Defense Authorization Act, 1981 at the rate of 2
percent of the monthly retired pay base computed under section
1407(g) of title 10, United States Code;
multiplied by the number of years of service that may be credited to him
under section 1405 of title 10, United States Code, as if his service
were sercice as a member of the Armed Forces, but the retired pay so
computed may not exceed 75 percent of the basic pay of the rank with
which retired or 75 percent of the monthly retired pay base , as the
case may be.
"(b) A fractional part of a year of six months or more shall be
considered a full year in computing the number of years of service for
the purpose of subsection (a).".
(h)(1) Paragraph (3) of section 210(g) of the Public Health Service
Act (42 U.S.C. 211(g)(3)) is amended by striking out "law)" and all that
follows in such paragraph and inserting in lieu thereof "law)--,
"(A) in the case of an officer who first became a member of a
uniformed service before the date of the enactment of the
Department of Defense Authorization Act, 1981, at the rate of 2
per centum of basic pay of the permanent grade held by him at the
time of retirement for each year, not in excess of thirty, of his
active commissioned service in the Service; or
"(B) in the case of an officer who first became a member of a
uniformed service on or after the date of the enactment of the
Department of Defense Authorization Act, 1981, 2 per centum of the
monthly retired pay base computed under section 1407(h) of title
10, United States Code, for each year, not in excess of thirty, of
his active commissioned service in the Service.".
(2) Section 211(a) of such Act (42 U.S.C. 212(a)) is amended--,
(A) by striking out " A commissioned officer" in paragraph (4)
and inserting in lieu thereof " Except as provided in paragraph
(6), a commisioned officer";
(B) by striking out "and his" in paragraph (5) and inserting in
lieu thereof "and except as provided in paragraph (6), his"; and
(C) by adding at the end thereof the following new paragraph:
"(6) In computing retired pay under paragraph (4) or (5) in the case
of any commissioned officer who first became a member of a uniformed
service on or after the date of the enactment of the Department of
Defense Authorization Act, 1981, the monthly retired pay base computed
under section 1407(h) of title 10, United States Code, shall be used in
lieu of using the basic pay of the highest grade held by him as such
officer.".
FOR
PERSONS ENLISTING OR REENLISTING FOR SERVICE ON
ACTIVE DUTY
Sec. 901. (a) Subtitle A of title 10, United States Code, is amended
by inserting after chapter 106 the following new chapter:
" Sec.
"2141. Educational assistance program: establishment.
"2142. Educational assistance program: eligibility.
"2143. Educational assistance: amount.
"2144. Subsistence allowance.
"2145. Adjustments of amount of educational assistance and of
subsistence allowance.
"2146. Right of member upon subsequent reenlistment to lump-sum
payment in lieu of educational assistance.
"2147. Right of member after reenlisting to transfer entitlement to
spouse or dependent children.
"2148. Duration of entitlement.
"2149. Applications for educational assistance.
" Section 2141. // 10 USC 2141. // Educational asistance program:
establishment
"(a) To encourage enlistments and reenlistments for service on active
duty in the armed forces, the Secretary of each military department may
establish a program in accordance with this chapter to provide
educational assistance to persons enlisting or reenlisting in an armed
force under his jurisdiction. The cost of any such program shall be
borne by the Department of Defense, and a person participating in any
such program may not be required to make any contribution to the
program.
"(b) The Secretary of Defense shall prescribe regulations for the
administration of this chapter. Such regulations shall take account of
the differences among the several armed forces.
"(c) In this chapter, 'enlistment' means original enlistment or
reenlistment.
" Section 2142. // 10 USC 2142. // Educational assistance program:
eligibility
"(a)(1) A program of educational assistance established under this
chapter shall provide that any person enlisting or reenlisting in an
armed force under the jurisdiction of the Secretary of the military
department concerned who meets the eligibility requirements established
by the Secretary in accordance with subsection (b) shall, subject to
paragraph (3), become entitled to educational assistance under section
2143 of this title at the time of such enlistment.
"(2) The period of educational assistance to which such a person
becomes entitled is one standard academic year (or the equivalent) for
each year of the enlistment o such person, up to a maximum of four
years. However, if the person is discharged or otherwise released from
active duty after completing two years of the term of such enlistment
but before comleting the full term of such enlistment (or before
completing four years of such term, in the case of an enlistment of more
than four years), then the period of educational assistance to which the
person is entitled is one standard academic year (or the equivalent) for
each year of active service of such person during such term. For the
purposes of the preceding sentence, a portion of a year of active
service shall be rounded to the nearest month and shall be prorated to a
standard academic year.
"(3)(A) A member who is discharged or otherwise released from active
duty before completing two years of active service of an enlistment
which is the basis for entitlement to educational assistance under this
chapter or who is discharged or otherwise released from active duty
under other than honorable conditions is not entitled to educational
assistance under this chapter.
"(B) Entitlement to educational assistance under this chapter may not
be used until a member has completed two years of active service of the
enlistment which is the basis for entitlement to such educational
assistance.
"(b) In establishing requirements for eligibility for an educational
assistance program under this chapter, the Secretary concerned shall
limit eligibility to persons who--,
"(1) enlist or reenlist for service on active duty as a member
of the Army, Navy, Air Force, or Marine Corps after September 30,
1980, and before October 1, 1981;
"(2) are graduates from a secondary school; and
(3) meet such other requirements as the Secretary may consider
appropriate for the purposes of this chapter and the needs of the
armed forces.
" Section 2143. // 10 USC 2143. // Educational assistance: amount
"(a) Subject to subsection (b), an educational assistance program
established under section 2141 of this title shall provide for payment
by the Secretary concerned of educational expenses incurred for
instruction at an accredited institution by a person entitled to such
assistance under this chapter. Expenses for which payment may be made
under this section include tuition, fees, books, laboratory fees, and
shop fees for consumable materials used as part of classroom or
laboratory instruction. Payments under this section shall be limited to
those educational expenses normally incurred by students at the
institution involved.
"(b)(1) The Secretary concerned shall establish the amount of
educational assistance for a standard academic year (or the equivalent)
to which a person becomes entitled under this chapter at the time of an
enlistment described in section 2142 of this title. Depending on the
needs of the service, different amounts may be established for different
categories of persons or enlistments. The amount of educational
assistance to which any person is entitled shall be adjusted in
accordance with section 2145 of this title.
"(2) The amount of educational assistance which may be provided to
any person for a standard academic year (or the equivalent) may not
exceed $1,200, adjusted in accordance with section 2145 of this title.
"(c) In this section, 'accredited institution' means a civilian
college or university or a trade, technical, or vocational school in the
United States (including the District of Columbia, the Commonwealth of
Puerto Rico, Guam, and the Virgin Islands) that provides education at
the postsecondary level and that is accredited by a nationally
recognized accrediting agency or association or by an accrediting agency
or association recognized by the Secretary of Education.
" Section 2144. // 10 USC 2144. // Subsistence allowance
"(a) Subject to subsection (b), a person entitled to educational
assistance under this chapter is entitled to receive a monthly
subsistence allowance during any period for which educational assistance
is provided such person. The amount of a subsistence allowance under
this section is $300 per month, adjusted in accordance with section 2145
of this title, in the case of a person pursuing a course of instruction
on a full-time basis and is one-half of such amount (as so adjusted) in
the case of a person pursuing a course of instruction on less than a
full-time basis.
"(b) The number of months for which a subsistence allowance may be
provided to any person under this section is computed on the basis of
nine months for each standard academic year of educational assistance to
which such person is entitled.
"(c) For purposes of subsection (a), a person shall be considered to
be pursuing a course of instruction on a full-time basis if the person
is enrolled in twelve or more semester hours of instruction (or the
equivalent, as determined by the Secretary concerned).
" Section 2145. // 10 USC 2145. // Adjustments of amount of
educational assistance and of subsistence allowance
"(a) Once each year, the Secretary of Defense shall adjust the amount
of educational asistance which may be provided to any person in any
standard academic year under section 2143 of this title, and the amount
of the subsistence allowance authorized under section 2144 of this title
for pursuit of a course of instruction on a full-time basis, in a manner
consistent with the change over the preceding twelve-month period in the
average actual cost of attendance at public institutions of higher
education.
"(b) In this section, 'actual cost of attendance' means the actual
cost of attendance as determined by the Secretary of Education pursuant
to section 411(a)(2)(B)(iv) of the Higher Education Act of 1965 (20 U.
S.C. 1070a(a)(2)(B)(iv)).
" Section 2146. // 10 USC 2146. // Right of member upon subsequent
reenlistment to lump-sum payment in lieu of educational assistance
"(a) A member who is entitled to educational assistance under this
chapter and who reenlists at the end of the enlistment which established
such entitlement may, at the time of such reenlistment, elect to receive
a lump-sum payment computed under subsection (b) in lieu of receiving
such educational assistance. An election to receive such a lump-sum
payment is irrevocable.
"(b) The amount of a lump-sum payment under subsection (a) is 60
percent of the sum of--,
"(1) the product of (A) the rate for educational assistance
under section 2143(b) of this title applicable to such member
which is in effect at the time of such reenlistment, and (B) the
number of standard academic years of entitlement of such member to
such assistance; and
"(2) the product of (A) the rate for the subsistence allowance
authorized under section 2144 of this title for pursuit of a
course of instruction on a full-time basis at the time of such
reenlistment, and (B) the number of months of entitlement of such
member to such allowance.
" Section 2147. // 10 USC 2147. // Right of member after reenlisting
to transfer entitlement to spouse or dependent children
"(a)(1) A person who is entitled to educational assistance under
section 2142 of this title and who reenlisted in an armed force at any
time after the end of the enlistment which established such entitlement
may at any time after such reenlistment elect to transfer all or any
part of such entitlement to the spouse or dependent child of such
person. Any transfer under the preceding sentence may be revoked at any
time by the person making the transfer.
"(2) If a person described in paragraph (1) dies before making an
election authorized by such paragraph but has never made an election not
to transfer such entitlement, any unused entitlement of such person
shall be automatically transferred to such person's surviving spouse or
(if there is no eligible surviving spouse) to such person's dependent
children. A surviving spouse to whom entitlement to educational
assistance is transferred under this paragraph may elect to transfer
such entitlement to the dependent children of the person whose service
established such entitlement.
"(3) Any transfer of entitlement under this subsection shall be made
in accordance with regulations prescribed by the Secretary of the
military department concerned.
"(b) A spouse or surviving spouse or a dependent child to whom
entitlement is transferred under subsection (a) is entitled to
educational assistance under this chapter in the same manner and at the
same rate as the person from whom the entitlement was transferred.
"(c) The total amount of educational assistance available to a person
entitled to educational assistance under section 2142 of this title and
to the person's spouse, surviving spouse, and dependent children is the
amount of educational assistance to which the person is entitled. If
more than one person is being provided educational assistance for the
same period by virtue of the entitlement of the same person, the
subsistence allowance authorized by section 2144 of this title shall be
divided in such manner as the person may specify or (if the person fails
to specify) as the Secretary concerned may prescribe.
"(d) In this section:
"(1) ' Dependent child' has the meaning given the term
'dependent' in section 1072(2)(E) of this title.
// 10 USC 1072. //
"(2) ' Surviving spouse' means a widow or widower who is not
remarried.
" Section 2148. // 10 USC 2148. // Duration of entitlement
" The entitlement of any person to educational assistance under this
chapter expires at the end of the ten-year period beginning on the date
of the retirement or discharge or other separation from active duty of
the person upon whose service such entitlement is based. In the case of
a member entitled to educational assistance under this chapter who dies
while on active duty and whose entitlement is transferred to a spouse or
dependent child, such entitlement expires at the end of the ten-year
period beginning on the date of such member's death.
" Section 2149. // 10 USC 2149. // Application for educational
assistance
" To receive educational assistance benefits under this chapter, a
person entitled to such assistance under section 2142 or 2147 of this
title shall submit an application for such assistance to the Secretary
concerned in such form and manner as the Secretary concerned may
prescribe.".
(b) The tables of chapters at the beginning of subtitle A of title
10, United States Code, and at the beginning of part III of such
subtitle are amended by inserting after the item relating to chapter 106
the following new item:
"107. Educational assistance for persons enlisting for active
duty...................2141".
ARMED FORCES
Sec. 902. (a)(1) Subject to the provisions of this section, // 10
USC 2141 // the Secretary of Defense may repay any loan made, insured,
or guaranteed under part B of the Higher Education Act of 1965, or any
loan made under part E of such Act, after October 1, 1975. Repayment of
any such loan shall be made on the basis of each complete year of
service performed by the borrower.
(2) The Secretary of Defense may repay loans described in paragraph
(1) in the case of any person for--,
(A) service performed (i) as an enlisted member of the Selected
Reserve of the Ready Reserve of an Armed Force after September 30,
1980, and (ii) in a Reserve component and military specialty
specified by the Secretary of Defense; or
(B) service performed on active duty as an enlisted member of
the Armed Forces after September 30, 1980, in a military specialty
specified by the Secretary of Defense.
In the case of service described in clause (A) of the first sentence of
this paragraph, the Secretary of Defense may repay a loan described in
paragraph (1) only if the person to whom the loan was made performed
such service after the loan was made.
(b) The portion or amount of a loan that may be repaid under
subsection (a) is--,
(1) 15 percent or $500, whichever is greater, for each year of
service, in the case of service described in subsection (a)(2)(
A); or
(2) 33-1/3 percent or $1,500, whichever is greater, for each
year of service, in the case of service described in subsection
(a)(2)(B).
(c) If a portion of a loan is repaid under this section for any year,
interest on the remainder of such loan shall accrue and be paid in the
same manner as is otherwise required.
(d) Nothing in this section shall be construed to authorize refunding
any repayment of a loan.
(e) Any individual who transfers from service described in clause (A)
or (B) of subsection (a)(1) of this section to service described in the
other clause of such subsection during a year shall be eligible to have
repaid a portion of such loan determined by giving appropriate
fractional credit for each portion of the year so served, in accordance
with regulations of the Secretary concerned.
(f) The Secretary of Defense shall, by regulation, prescribe a
schedule for the allocation of funds made available to carry out the
provisions of this section during any year for which funds are not
sufficient to pay the sum of the amounts eligible for repayment under
subsection (a).
(g) The authority provided under this section shall apply only in the
case of persons who enlist or reenlist in the Selected Reserve of the
Ready Reserve of an Armed Force or enlist or reenlist for service on
active duty after September 30, 1980, and before October 1, 1981.
Sec. 903. // 10 USC 2141 // (a)(1) As a means of encouraging
enlistments and reenlistments in the Armed Forces, the Secretary of
Defense, on behalf of any person who enlists who enlists or reenlists in
the Armed Forces after September 30, 1980, and before October 1, 1981,
and who elects or has elected to participate in the Post-Vietnam Era
Veterans' Educational Assistance Program provided for under chapter 32
of title 38, United States Code, // 38 USC 1601 // may pay the monthly
contribution otherwise deducted from the military pay of such person.
No deduction may be made under section 1622 of title 38, United States
Code, from the military pay of any person for any month to the extent
that the contribution otherwise required to be made by such person under
such section for such month is paid by the Secretary of Defense.
(2) No payment may be made under this section on behalf of any person
for any month before the month in which such person enlisted or
reenlisted in the Armed Forces or for any month before October 1980.
(b) The amount paid by the Secretary of Defense under this section on
behalf of any person shall be deposited to the credit of such person in
the Post-Vietnam Era Veterans Education Account established under
section 1622(a) of title 38, United States Code.
(c)(1) Except as provided in paragraph (2), the provisions of chapter
32 of title 38, United States Code, // 38 USC 1601 // shall be
applicable to payments made by the Secretary of Defense under this
section.
(2) Notwithstanding the provisions of section 1631(a)(4) of title 38,
United States Code, the Secretary of Defense, in the case of any person
who enlists or reenlists in the Armed Forces or any officer who is
ordered to active duty with the Armed Forces after September 30, 1980,
and before October 1, 1981, or whose active duty obligation with the
Armed Forces is extended after September 30, 1980, and before October 1,
1981, and who is a participant in the educational assistance program
described in subsection (a), may make monthly payments out of the
Post-Vietnam Era Veterans Education Account to the spouse or child of
such person to assist such spouse or child in the pursuit of a program
of education. Payments under this subsection may be made to the spouse
or child of a person participating in such educational assistance
program only upon the request of such person and only for such period of
time as may be specified by such person. The total amount paid under
this subsection in the case of any spouse or child may not exceed the
amount credited to such person in the Post-Vietnam Era Veterans
Education Account.
(d)(1) The authority conferred on the Secretary of Defense under this
section shall be used by the Secretary only for the purpose of
encouraging persons who possess critical military specialties (as
determined by the Secretary of Defense) to enter or to remain in the
Armed Forces.
(2) Except as otherwise provided in this section, the Secretary of
Defense may offer the benefits of this section to persons eligible
therefor for such period as the Secretary determines necessary or
appropriate to achieve the purpose of this section.
(f) As used in this section:
(1) The term "program of education" shall have the same meaning
as provided in chapter 32 of title 38, United States Code.
(2) The term "child" shall have the same meaning as provided in
section 101(4) of title 38, United States Code.
(3) The term " Armed Forces" means the Army, Navy, Air Force,
and Marine Corps.
Sec. 904. // 10 USC 2141. // (a) There is hereby authorized to be
appropriated to carry out chapter 107 of title 10, United States Code
(as added by section 901), and sections 902 and 903 a total of
$75,000,000.
(b) The Secretary of Defense shall equitably allocate the amount
appropriated under this section among the educational assistance program
provided for under chapter 107 of title 10, United States Code (as added
by section 901), the repayment as authorized by section 902 of loans
made, insured, or guaranteed under part B of the Higher Education Act of
1965 and of loans made under part E of such Act, and the educational
assistance program provided for under section 903.
Sec. 905. // 10 USC 2141 // (a) The Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and House of
Representatives, within 30 days after the end of each quarter of fiscal
year 1981, a report on the implementation and operation of the
educational assistance program provided for under chapter 107 of title
10, United States Code (as added by section 901), and of the programs
provided for under sections 902 and 903.
(b) The Secretary of Defense shall also submit to such committees,
not later than December 31, 1981, a report on the extent to which the
educational assistance program provided for under chapter 107 of title
10, United States Code (as added by section 901), the Post-Vietnam Era
Veterans' Educational Assistance Program provided for under chapter 32
of title 38, United States Code, // 38 USC 1601 // and the program
established under section 902 have encouraged person to enter or remain
in the Armed Forces. The Secretary shall include in such report--,
(1) an evaluation of contributory and noncontributory
educational assistance programs as incentives for individuals to
enter or remain in the Armed Forces;
(2) an analysis of the cost and benefits of various educational
assistance incentive programs designed to encourage persons to
enter and remain in the Armed Forces; and
(3) recommendations for such new programs or revision of
existing programs as the Secretary determines necessary or
appropriate to successfully encourage persons to enter and remain
in the Armed Forces.
PROGRAM
FOR ENLISTED MEMBERS OF THE SELECTED RESERVE OF
THE READY
RESERVE
Sec. 906. (a)(1) Section 2131(c) of title 10, United States Code,
relating to educational assistance for enlisted members of the Selected
Reserve of the Ready Reserve, is amended by striking out "$500" and
"$2,000" and inserting in lieu thereof "$1,000" and "$4,000",
respectively.
(2) The amendments made by paragraph (1) // 10 USC 2131 // shall take
effect on October 1, 1980.
(b) Section 2135 of such title 10, United States Code, is amended by
striking out " September 30, 1980" and inserting in lieu thereof "
September 30, 1985".
APPROPRIATIONS FOR
OPERATION AND MAINTENANCE
Sec. 1001. (a)(1) Section 138(a) of title 108 United States Code,
relating to annual authorization of appropriations, is amended--,
(A) by striking out "or" at the end of clause (5);
(B) by inserting "or" at the end of clause (6); and
(C) by inserting after clause (6) the following new clause:
"(7) the operation and maintenance of any armed force or of the
activities and agencies of the Department of Defense (other than
the military departments);".
(2) The amendments made by paragraph (1) // 10 USC 138 // shall apply
with respect to funds appropriated for fiscal years beginning after
September 30, 1981.
(b) Section 138 of such title // 10 USC 138. // is further
amended--,
(1) by striking out "subsection (e) of this section" in
subsection (a)(6) and inserting in lieu thereof "subsection (f)";
(2) by redesignating subsection (e) as subsection (f); and
(3) by inserting after subsection (d) the following new
subsection (e):
"(e)(1) The Secretary of Defense shall submit to Congress a written
report, not later than February 15 of each fiscal year, with respect to
the operations and maintenance of the Army, Navy, Air Force, and Marine
Corps for the next fiscal year. The Secretary shall include in each
such report recommendations for--,
"(A) the number of aircraft flying hours for the Army, Navy,
Air Force, and Marine Corps for the next fiscal year, the number
of ship steaming hours for the Navy for the next fiscal year, and
the number of field training days for the combat arms battalions
of the Army and Marine Corps for the next fiscal year;
"(B) the number of ships over 3,000 tons (full load
displacement) in each Navy ship classification on which major
repair work should be performed during the next fiscal year; and
"(C) the number of airframe reworks, aircraft engine reworks,
and vehicle overhauls which should be performed by the Army, Navy,
Air Force, and Marine Corps during the next fiscal year.
"(2) The Secretary shall also include in each such report the
justification for and an explanation of the level of funding recommended
in the Budget of the President for the next fiscal year for aircraft
flying hours, ship steaming hours, field training days for the combat
arms battalions, major repair work to be performed on ships of the Navy,
airframe reworks, aircraft engine reworks, and vehicle overhauls.
"(3) The Secretary shall also include in each such report a
projection (made in accordance with paragraph (4)) of the combat
readiness proposed to be maintained during the next fiscal year of--,
"(A) each Army and Marine Corps division, brigade, and
regiment;
"(B) each Navy, Air Force, and Marine Corps air wing and
squadron;
"(C) each Navy aircraft carrier, other major surface combatant,
general purpose submarine, ballistic missile submarine, and
amphibious ship;
"(D) each Air Force strategic and tactical airlift squadron;
and
"(E) such other units as the Secretary considers appropriate.
"(4) Each projection made pursuant to paragraph (3) shall be made--,
"(A) using the overall readiness ratings and the four
resource-related readiness ratings of the Unit Status and Identity
Report of the Department of Defense; and
"(B) using the levels of funding proposed in the Budget of the
President for the next fiscal year.".
(c) Subsection (f) of such section, as redesignated by subsection
(b)(2), is amended--,
(1) by striking out " For purposes of subsection (a)(6) of this
section" and inserting in lieu thereof "(1) In subsection (a)(6)";
and
(2) by adding at the end of such subsection the following new
paragraph:
"(2) In subsection (f):
"(A) ' Combat arms battalions' means armor, infantry,
mechanized infantry, air assault infantry, airborne infantry,
ranger, artillery, and combat engineer battalions and armored
cavalry and air cavalry squadrons.
"(B) ' Major repair work' means, in the case of any ship to
which such subsection is applicable, any overhaul, modification,
alteration, or conversion work which will result in a total cost
to the United States of more than $10,000,000.".
(d)(1) The heading of such section is amended to read as follows:
" Section 138. Annual authorization of appropriations and personnel
strengths for the armed forces; annual manpower requirements and
operations and maintenance reports".
(2) The item relating to such section in the table of sections at the
beginning of chapter 4 of such title is amended to read as follows:
"138. Annual authorization of appropriations and personnel strengths
for the armed forces; annual manpower requirements and operations and
maintenance reports.".
COMPLETE AT
LEAST TWO YEARS OF AN ORIGINAL ENLISTMENT
Sec. 1002. (a) Chapter 49 of title 10, United States Code, relating
to prohibitions and penalties, is amended by adding at the end thereof
the following new section:
" Section 977. // 10 USC 977. // Denial of certain benefits to
persons who fail to complete at least two years of an original
enlistment
"(a) Notwithstanding any other provision of law and except as
provided in subsection (b), any person who originally enlist in a
regular component of the armed forces on or after the date of the
enactment of the Department of Defense Authorization Act, 1981, and who
fails to complete at least twenty-four months of such person's period of
original enlistment shall not be eligible for any right, privilege, or
benefit for which persons become eligible under any Federal program by
reason of serving on active duty in the armed forces if the claim for
the eligibility of such person for such right, privilege, or benefit is
based upon any period of service performed by such person under such
enlistment.
"(b) Subsection (a) shall not apply to any person (1) who was
discharged under section 1173 or chapter 61 of this title, // 10 USC
1173, 1201 // or (2) if it is later established that such person is
suffering from a disability which resulted from an injury or disease
incurred in or aggravated during the period of the enlistment completed
by such person and is not the result of the person's intentional
misconduct and was not incurred during a period of unauthorized
absence.".
(b) The table of sections at the beginning of such chapter is amended
by adding at the end the following new item:
"977. Denial of certain benefits to persons who fail to complete at
least two years of an original enlistment.".
GENERAL AND
FLAG OFFICERS ON ACTIVE DUTY AND OF REDUCTION
IN NUMBER OF
SENIOR-GRADE CIVILIAN EMPLOYEES OF THE DEPARTMENT
OF
DEFENSE
Sec. 1003. Section 811(a) of the Department of Defense Appropriation
Act, 1978 (10 U.S.C. 131 note), is amended--,
(1) by striking out " October 1, 1980" in paragraph (1) and
inserting in lieu thereof " October 1, 1981"; and
(2) by striking out paragraph (2) and inserting in lieu thereof
the following:
"(2) After September 30, 1981, the total number of civilian employees
of the Department of Defense in grades GS-13 through GS-18( INCLUDING
positions authorized under section 1581 of title 10, United States Code)
// 44 FR 58671. // may not exceed the number equal to 96 percent of the
number of such employees employed by the Department of Defense on July
30, 1977. After September 30, 1982, the total number of such employees
may not exceed the number equal to 94 percent of the number of such
employees employed by the Department of Defense on July 30, 1977.".
IN THE GRADE
OF REAR ADMIRAL
Sec. 1004. (a) Subsection (k) of section 202 of title 37, United
States Code, relating to assignment of certian officers to the pay grade
of rear admiral of the upper half, is amended to read as follows:
"(k) When initially appointed as a rear admiral under section 5767(
c) of title 10, a woman officer of the Navy is entitled to the pay of a
rear admiral of the lower half. A woman officer serving as a rear
admiral under such an appointment or a subsequent appointment under that
section is entitled to the basic pay of a rear admiral of the upper half
when any officer who is junior to her is entitled to the basic pay of a
rear admiral of the upper half as determined under subsection (a) of
this section.".
(b) The amendment made by subsection (a) // 37 USC 202 // shall apply
with respect to basic pay payable for periods beginning on or after the
date of the enactment of this Act.
LIMITATIONS
Sec. 1005. (a) The provisions of sections 2382 and 7300 of title
10, United States Code, // 10 USC 2382 // relating to profit limitation
on contracts for the construction or manufacture of aircraft and naval
vessels and parts thereof, shall not apply with respect to any contract
for the construction or manufacture of all or any part of any aircraft
or naval vessel, or to any subcontract of such a contract, for which
final payment is made before October 1, 1981.
(b) Neither the Secretary of Defense nor the Secretary of the
Treasury may require that any report be submitted under section 2382 or
7300 of title 10, United States Code, before October 1, 1981, and
neither such Secretary may prescribe regulations to implement such
sections (or either of such sections) to take effect before October 1,
1981.
Sec. 1006. // 22 USC 1928 // (a) In recognition of the growth,
relative to the United States, in the economic strength of Japan,
Canada, and Western European countries which has occured since the
signing of the North Atlantic Treaty on April 4, 1949, // 63 Stat.
2241. // and the Mutual Cooperation and Security Treaty between Japan
and the United States on January 19, 1960, // 11 UST 1632. // it is the
sense of Congress that--,
(1) the burdens of mutual defense now assumed by the countries
allied with the United States under those agreements are not
commensurate with their economic resources; and
(2) the continued unwillingness of those countries to increase
their contributions to the common defense to more appropriate
levels would endanger the vitality, effectiveness, and
cohesiveness of the alliances between those countries and the
United States.
(b) It is further the sense of Congress that the President should
seek from each signatory country (other than the United States) of the
two treaties referred to in subsection (a) acceptance of international
security responsibilities and agreement to make contributions to the
common defense which are commensurate with the economic resources of
such country, including, when appropriate, an increase in host nation
support.
(c) The Secretary of Defense shall submit to the Congress not later
than March 1, 1981, a report providing--,
(1) a comparison of the fair and equitable shares of the mutual
defense burdens of these alliances that should be borne by the
United States, by other member nations of the North Atlantic
Treaty Organization (NATO), and by Japan, based upon economic
strength and other relevant factors, and the actual defense
efforts of each nation together with an explanation of disparities
that currently exist;
(2) a description of efforts by the United States and of other
efforts to eliminate existing disparties;
(3) estimates of the real growth in defense spending in fiscal
year 1981 projected for each NATO member nation compared to the
annual real growth goal in the range of 3 percent set in May 1978;
(4) a description of the defense-related initiatives undertaken
by each NATO member nation within the real growth in defense
spending of such nation in fiscal year 1981; and
(5) an explanation of those instances in which the commitments
to real growth in defense spending and to the Long--Term Defense
Program have not been realized and a description of efforts being
made by the United States to ensure fulfillment of these important
NATO commitments.
Sec. 1007.(a) Subsection (b) of section 9441 of title 10, United
States Code, relating to support of the Civil Air Patrol by the Air
Force, is amended--,
(1) by striking out the semicolon at the end of clause (3) and
inserting in lieu thereof ",including unit capability testing
missions and training missions;";
(2) by striking out "and" at the end of clause(6);
(3) by striking out the period at the end of clause (7) and
inserting in lieu thereof "; and"; and
(4) by adding at the end thereof the following new clause:
"(8) authorize the payment of aircraft maintenance expenses
relating to operational missions, unit capability testing
missions, and training missions.".
(b)(1) Subsection (c) of such section is amended by striking out the
period and inserting in lieu thereof ", and for purposes of determining
the civil liabities of the Civil Air Patrol (or any member thereof) with
respect to any act or omission committed by the Civil Air Patrol (or any
member thereof) in fulfilling such mission, the Civil Air Patrol shall
be deemed to be an istrumentality of the United States.".
(2) The amendment made by paragraph (1) shall be deemed to be an
instrumentality of the United States.".
(2) The amendment made by paragraph (1) // 10 USC 9441 // shall be
effective with respect to services of the Civil Air Patrol provided to
the Department of the Air Force before the date of the enactment of this
Act as well as to such services provided on or after such date, but such
amendment shall not be construed (A) to revive any cause of action
barred by an applicable statute of limitation, or (b) to serve as
grounds for the reopening or appeal of any case which became final
before the date of the enactment of this Act.
Sec. 1008. // 50 USC 1541 // Whereas, the National Command Authority
must have the capacity to carry out any military mission which is
essential to the national security of the United States having in its
hands in the Rapid Deployment Force an increased capability to extend
the reach of our military power in an expedited manner; and whereas,
without the significant safeguard of the War Powers Resolution (Public
Law 93 - 148), // 50 USC 1541 // United States foreign and defense
policies could be subject to misinterpretation; it is therefore the
sense of the Congress that the provisions of the War Powers Resolution
be strictly adhered to and that the congressional consultation process
specified by such Resolution be utilized strictly according to the terms
of the War Powers Resolution.
Approved September 8, 1980.
LEGISLATIVE HISTORY:
HOSE REPORTS: No. 96 - 916 (Comm. on Armed Services) and No. 96 -
1222 (Comm. of Conference).
SENATE REPORTS: No. 96 - 826 (Comm. on Armed Services) and No. 96 -
895 (Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 126 (1980):
May 13 - 15, 21, considered and passed House.
June 28, 30, July 1, 2, considered and passed Senate, amended.
Aug. 26, House and Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VOL. 16, No. 37:
Sept. 8, Presidential statement.
PUBLIC LAW 96-341, 94 STAT, 1076
Act to designate a Job
Corps Center as the " Earle C. Clements Job Corps
Center".
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Comprehensive
Employment and Training Act (29 U.S.C. 801 et seq.) is amended by
inserting after section 468 the following new section:
" Sec. 469. // 29 USC 941a // The secretary shall designate the Job
Corps facilities located in the State of Kentucky in Union County and
Muhlenburg County as the ' Earle C. Clements Job Corps Center'. Any
reference in law, map, regulation, document, record, or other paper of
the United States to the Job Corps facilities specified in the first
sentence of this section shall be held to be a reference to the ' Earle
C. Clements Job Corps Center'.".
Sec. 2. The table of contents of the Comprehensive Employment and
Training Act is amended by inserting after the item relating to section
468 the following new item:
" Sec. 469. Earle C. Clements Job Corps Center.".
Approved September 8, 1980.
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, Vol. 126 (1980):
Aug. 26, considered and passed House and Senate.
PUBLIC LAW 96-340, 94 STAT, 1072
of Siletz Indians of Oregon.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1. Subject to all valid liens, rights-of-way, reciprocal
road rights-of-way agreements, licenses, leases, permits, and easements
existing on the date of the enactment of this Act, // 25 USC 711e // all
right, title, and interest of the United States in the following parcel
of land (consisting of approximately three thousand six hundred and
thirty acres and located in the State of Oregon) is held in trust for
the Confederated Tribes of Siletz Indians of Oregon:
(1) In township 9 south, range 9 west, Willamette meridian--,
northeast
quarter and the east half of the northeast quarter of
the
southeast quarter;
quarter,
southeast quarter of the northwest quarter, and the
northeast
quarter of the southwest quarter;
quarter of
the northeast quarter, the northeast quarter of the
northwest
quarter, and the south half of the northwest quarter;
of
the northeast quarter, and the northwest quarter of the
southeast quarter;
the
northeast quarter, the southeast quarter of the
northwest
quarter, the east half of the southwest quarter, and the
southeast quarter;
quarter of
the northeast quarter, the south half of the northeast
quarter,
the south half of the southwest quarter of the northwest
quarter, the southeast quarter of the northwest
quarter, and
the north half of the southeast quarter;
quarter of
the southeast quarter, the east half of the southwest
quarter
of the southeast quarter, and the southeast quarter of
the
southeast quarter;
quarter,
the southwest quarter of the southwest quarter, the
northwest
quarter of the southeast quarter, and the southeast
quarter of the southeast quarter; and
(2) In township 10 south, range 9 west, Willamette meridian--,
half of
lot 8;
quarter, the
east half of the northwest quarter of the southeast
quarter,
the southwest quarter of the northwest quarter of the
southeast quarter, and the southwest quarter of the
southeast
quarter;
of the
southwest quarter;
lot 4;
quarter; and
(3) In township 10 south, range 10 west, Willamette meridian--,
northwest
quarter;
(4) In township 10 south, range 8 west, Willamette meridian--,
quarter;
quarter;
Sec. 2. The Secretary of the Interior, acting at the request of the
Confederated Tribes of Siletz Indians of Oregon, shall accept (subject
to all valid liens, rights-of-way, licenses, leases, permits, and
easements existing on the date of the enactment of this Act) any deed or
other instrument conveying to the United States the following parcel of
land (consisting of approximately thirty-eight and forty-four one
hundredths acres and located in the State of Oregon in the northeast
quarter of section 9 and the southeast quarter of section 4 in township
10 south, range 10 west, Willamette meridian) conveyed to the city of
Siletz on July 27, 1956 (known as Government Hill), and hold such land
in trust for the Confederated Tribes of Siletz Indians of Oregon:
Beginning at a 3/4-inch iron pipe at the northeast corner of
section 9, township 10 south, range 10 west, Willamette meridian,
in Lincoln County, Oregon. Said point being the true point of
beginning; thence north 0 degrees 36 minutes 9 seconds east,
658.81 feet to a found 2-inch iron pipe; thence north 88 degrees
41 minutes 18 seconds west, 653.16 feet; thence south 1 degree 30
minutes 45 seconds west, 681.49 feet to a found 3/4-inch iron
pipe, thence south 89 degrees 17 minutes 43 seconds west, 564.83
feet to a stone marked with an " X", said point lying north 89
degrees 47 minutes east, 100.26 feet from a stone marked with an "
X" at the northwest corner of the northeast quarter northeast
quarter of section 9, township 10 south, range 10 west, Willamette
meridian; thence south 0 degrees 6 minutes east, 660.48 feet to a
2-inch iron pipe; thence south 89 degrees 31 minutes west, 100.00
feet; thence south 59 degrees 43 minutes 18 seconds east,
1,298.82 feet; thence north 89 degrees 45 minutes east, 54.20
feet, to a point lying south 89 degrees 45 minutes west, 165.00
feet from a 1-inch pipe at the southeast corner of the northeast
quarter northeast quarter of section 9, township 10 south range 1/
west, Willamette meridian; thence north 0 degrees 34 minutes
west, 598.98 feet; thence north 89 degrees 45 minutes east,
165.00 feet; thence north 0 degrees 34 minutes west, 730.79 feet
to the point of beginning.
The Secretary of the Interior is directed to pay to the city of Siletz,
Oregon, upon adequate documentation, an amount equal to the costs and
expenses, not to exceed $5,000, incurred by the city of Siletz, Oregon,
in connection with its consideration of, and planning for, the
conveyance of said parcel, and in conveying said parcel to the United
States.
Sec. 3. The parcel of land described in section 1 and any land
described in section 2 conveyed to the Secretary of the Interior shall
constitute the reservation of the Confederated Tribes of Siletz Indians
of Oregon and shall be subject to the Act of June 18, 1934 (25 U.S.C.
461 et seq.), and the provisions reapplied to such tribes pursuant to
section 3 of the Siletz Indian Tribe Restoration Act (25 U.S.C. 711 et
seq.). Such lands shall be subject to the right of the Secretary of the
Interior to establish, without compensation to such tribes, such
reasonable rights-of-way and easements as are necessary to provide
access to or to serve adjacent or nearby Federal lands.
Sec. 4. The establishment of the Siletz Reservation or the addition
of lands to the reservation in the future, shall not grant or restore to
the tribe or any member of the tribe any new or additional hunting,
fishing, or trapping right of any nature, including any indirect or
procedural right or advantage, on such reservation beyond the rights
which are declared and set forth in the final judgment and decree of the
United States District Court for the District of Oregon, in the action
entitled Confederated Tribes of Siletz Indians of Oregon against State
of Oregon, entered on May 2, 1980. Those rights as declared and set
forth in the May 2, 1980 final judgment and decree shall constitute the
exclusive and final determination of all tribal rights to hunt, fish, or
trap that the Siletz Tribe or its members possess.
Sec. 5 The State of Oregon shall have civil and criminal jurisdiction
with respect to the reservation constituted pursuant to section 3 and to
any individual on the reservation, in accordance with section 1360 of
title 28, United States Code, and section 1162 of title 18, United
States Code.
Approved September 4, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 1159 accompanying H.R. 7267 (Comm. on Interior
and Insular Affairs).
SENATE REPORT No. 96 - 626 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD, Vol. 126 (1980):
Mar. 19, considered and passed Senate.
Aug. 18, H.R. 7267 considered and passed House; passage
vacated and S. 2055, amended, passed in lieu.
Aug. 20, Senate concurred in House amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 16, No. 36:
Sept. 5, Presidential statement.
PUBLIC LAW 96-339, 94 STAT, 1069
and 1983 for the Atlantic
Tunas Convention Act of 1975, 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. AMENDMENTS TO ATLANTIC TUNAS CONVENTION ACT OF 1975
The Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971 et seq.) is
amended as follows:
(1) Section 4 is
// 16 USC 971b. //
is amended--,
subparagraphs
(A) and (B), respectively;
(as
so redesignated) and inserting in lieu therof
"subparagraph
(A)"; and
" There is established an advisory committee which shall be composed
of--,
"(1) not less than five nor more than twenty individuals
appointed by the United States Commissioners who shall select such
individuals from the various groups concerned with the fisheries
covered by the Convention; and
"(2) the chairmen (or their designees) of the New England,
Mid-Atlantic, South Atlantic, Caribbean, and Gulf Fishery
Management Councils established under section 302(a) of the
Fishery Conservation and Management Act of 1976 (16 U.S.C. 1852(
a)).
Each member of the advisory committee appointed under paragraph (1)
shall serve for a term of two years and shall be eligible for
reappointment.".
(2) Section 10
// 16 USC 971h. //
is amended by striking out "and 1980" and inserting in lieu therof
"1980, 1981, 1982, and 1983".
SEC. 2. // 16 USC 1827. // OBSERVER PROGRAM REGARDING CERTAIN
FOREIGN FISHING.
(a) Definitions.-As used in this section--,
(1) The term " Act of 1976" means the Fishery Conservation and
Management Act of 1976 (16 U.S.C. 1801 et seq.).
(2) The term "billfish" means any species of marlin, spearfish,
sailfish or swordfish.
(3) The term " Secretary" means the Secretary of Commerce.
(b) Observer Program.-The Secretary shall establish a program under
which a United States observer will be stationed aboard each foreign
fishing vessel while that vessel--,
(1) is in waters that are within--,
section
101 of the Act of 1976,
// 16 USC 1811. //
and
Atlantic
Tunas;
// 20 UST 2887. //
and
(2) is taking or attempting to take any species of fish if such
taking or attempting to take may result in the incidental taking
of billfish.
The Secretary may acquire observers for such program through contract
with qualified private persons.
(c) Functions of Observers.-United States observers, while aboard
foreign fishing vessels as required under subsection (b), shall carry
out such scientific and other functions as the Secretary deems necessary
or appropriate to carry out this section.
(d) Fees.-There is imposed for each year after 1980 on the owner or
operator of each foreign fishing vessel that, in the judgment of the
Secretary, will engage in fishing in waters described in subsection
(b)(1) during that year which may result in the incidental taking of
billfish a fee in an amount sufficient to cover all of the costs of
providing an observer aboard that vessel under the program established
under subsection (a). The fees imposed under this subsection for any
year shall be paid to the Secretary before that year begins. All fees
collected by the Secretary under this subsection shall be deposited in
the Fund established by subsection (e).
(e) Fund.-There is established in the Treasury of the United States
the Foreign Fishing Observer Fund. The Fund shall be available to the
Secretary as a revolving fund for the purpose of carrying out this
section. The Fund shall consist of the fees deposited into it as
required under subsection (d). All payments made by the Secretary to
carry out this section shall be paid from the Fund, only to the extent
and in the amounts provided for in advance in appropriation Acts. Sums
in the Fund which are not currently needed for the purposes of this
section shall be kept on deposit or invested in obligations of, or
guaranteed by, the United States.
(f) Prohibited Acts.-(1) It is unlawful for any person who is the
owner or operator of a foreign fishing vessel to which this section
applies--,
(A) to violate any regulation issued under subsection (g);
(B) to refuse to pay the fee imposed under subsection (d) after
being requested to do so by the Secretary; or
(C) to refuse to permit an individual who is authorized to act
as an observer under this section with respect to that vessel to
board the vessel for purposes of carrying out observer functions.
(2) Section 308 of the Act of 1976 // 16 USC 1858. // (relating to
civil penalties) applies to any act that is unlawful under paragraph
(1), and for purposes of such application the commission of any such act
shall be treated as an act the commission of which is unlawful under
section 307 of the Act of 1976. // 16 USC 1857. //
(g) Regulations.-The Secretary shall issue such regulations as are
necessary or appropriate to carry out this section.
SEC. 3. // 16 USC 971i. // REPORTS REGARDING BLUEFIN TUNA.
The Secretary of Commerce shall prepare, for each biennial period
commencing with the period covering calendar years 1981 and 1982, and
submit to the Congress a report setting forth, with respect to such
biennial period--,
(1) the level of taking of bluefin tuna by United States
fishermen in the Convention area as defined in Article I of the
International Convention for the Conservation of Atlantic Tunas;
// 20 UST 2887. //
(2) the status of bluefin tuna stocks within such Convention
area and the trends in their population level; and
(3) related information resulting from the implementation of
the observer program under section 2 of this Act.
The report required under this section shall be submitted to the
Congress within sixty days after the close of the biennial period
covered by the report. There are authorized to be appropriated such
sums as may be necessary to carry out this section.
Approved September 4, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 1017 accompanying H.R. 6310 (Comm. on Merchant
Marine and Fisheries).
SENATE REPORT No. 96 - 708 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD, Vol. 126 (1980):
May 20, considered and passed Senate.
June 3, H.R. 6310 considered and passed House; passage vacated
and S. 2549, amended, passed in lieu.
July 28, Senate concurred in House amendments with amendments.
Aug. 22, House concurred in Senate amendments.
PUBLIC LAW 96-338, 94 STAT, 1067
the Tule River Indian Tribe
certain public domain lands formerly removed from the
Tule River Indian Reservation.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That all right, title,
and interest in lands owned by United States and administered by the
United states Forest Service, as described in section 2, which were
removed from the Tule River Indian Reservation pursuant to the Act of
May 17, 1928 (45 Stat. 600 - 601) are declared to be held in trust by
the United States for the Tule River Indian Tribe and to be part of the
Tule River Indian Reservation.
Sec. 2. The lands referred to in section 1 are the following:
Section 16:
That portion lying south of the hydrographic divide between the
South Fork of the Middle Fork of the Tule River and the South Fork
of the Tule River and westerly of a northerly prolongation of the
eastern boundary of the Tule River Indian Reservation.
Section 17:
That portion lying south of the hydrographic divide between the
South Fork of the Middle Fork of the Tule River and the South Fork
of the Tule River.
Section 18:
That portion of the northeast quarter northeast quarter lying
south of the hydrographic divide between the South Fork of the
Middle Fork of the Tule River and the South Fork of the Tule
River.
South half northeast quarter.
Southeast quarter northwest quarter.
Section 20:
East half northeast quarter.
Southwest quarter northeast quarter.
South half northeast quarter.
Section 21:
Northwest quarter northwest quarter.
Section 28:
Tract 48.
Sec. 3. (a) Nothing in this Act shall deprive any person of any
valid voting right-of-way, lease, permit, or other right or interest
which such person may have in any of the lands described in section 2.
(b) The transfer under the first section of this Act shall be subject
to such right-of-way through lands in section 16 as the Secretary of
Agriculture considers necessary to provide access to United States
Forest Service lands located east of section 16. Such right-of-way
shall be located and used in such manner as the Secretary of Agriculture
determines to be appropriate.
Sec. 4. The Secretary of the Interior shall promptly cause to be
published in the Federal Register a description of the lands transferred
pursuant to this Act and a description of the boundaries of the Tule
River Indian Reservation, as modified by the transfer made pursuant to
this Act.
Approved September 4, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 1160 accompanying H.R. 4124 (Comm. on Interior
and Insular Affairs).
SENATE REPORT No. 96 - 627 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD, Vol. 126 (1980):
Mar. 18, considered and passed Senate.
Aug. 18, H.R. 4124 considered and passed House; passage
vacated and S. 1998. amended, passed in lieu.
Aug. 20, Senate concurred in House amendment.
PUBLIC LAW 96-337, 94 STAT, 1066
Maine, to erect a memorial in
the District of Columbia.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the Camp Fire Girls of
Cundys Harbor, Maine, is authorized to erect a memorial on public
grounds in the District of Columbia, subject to authorization by the
Secretary of the Interior as provided in section 2, in commemoration of
the State of Maine. This memorial shall be in the form of a statue, and
shall be entitled " The Maine Lobsterman".
Sec. 2.(a) The Secretary of the Interior is authorized to select,
with the approval of the National Commission of Fine Arts and the
National Capital Planning Commission, a suitable site on public grounds
in the District of Columbia, upon which may be erected the memorial
authorized in the first section of this resolution. If the site
selected is on public grounds belonging to or under the jurisdiction of
the District of Columbia, the approval of the Mayor of the District of
Columbia shall also be obtained.
(b) The design and plans for such memorial shall be subject to the
approval of the Secretary of the Interior, the National Commission of
Fine Arts and the National Capital Planning Commission.
(c) Other than as to the land authorized for the erection of the
memorial in the first section, neither the United States nor the
District of Columbia shall be put to any expense in the erection of this
memorial.
Sec. 3. The authority conferred pursuant to this resolution shall
lapse unless (1) the erection of such memorial is commenced within five
years from the date of enactment of this resolution, and (2) prior to
its commencement funds are certified available in an amount sufficient,
in the judgment of the Secretary of the Interior to insure completion of
the memorial.
Sec. 4. The maintenance and care of the memorial erected under the
provisions of this resolution shall be the responsibility of the
Secretary of the Interior.
Approved September 4, 1980.
LEGISLATIVE HISTORY:
SENATE REPORT No. 96 - 361 (Comm. on Rules and Administration).
CONGRESSIONAL RECORD:
Vol. 125 (1979): Oct. 15, considered and passed Senate.
Vol. 126 (1980): Aug. 22, considered and passed House.
PUBLIC LAW 96-336, 94 STAT, 1063
the Colorado River Basin Salinity
Control Act (the Act of June 24, 1974; 88
Stat. 266), to increase the appropriations
authorization for the Small Reclamation Projects
Act of 1956 (70 Stat. 1044), 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 of June 24,
1974 (hereafter referred to as the " Act"), is hereby amended as
follows:
Section 1. Section 101(b)(2) is amended, by inserting "(A)" after
"(2)", by deleting the last sentence of the paragraph, and by adding
thereafter the following:
"(B) The Secretary is authorized to use electrical power and energy
available from the Navajo Generating Station which is in excess of the
Central Arizona Project pumping requirements for the purpose of
supplying power and energy requirements of the desalting plant and
protective pumping well field constructed pursuant to title I of the
Act: // 43 USC 1571. // Provided, That revenues credited to the Lower
Colorado River Basin Development Fund shall not be diminished below
those amounts which would have accrued had the power been marketed at
the rate determined by the Secretary of Energy for the sale of power
from the Navajo Generating Station to utilities and public entities, as
a result of the use of power and energy for the desalting, protective
pumping works, and other uses authorized by law, and that power and
energy from the Navajo Generating Station shall be used first to meet
the pumping requirements of the Central Arizona Project and after those
needs have been met, for the desalting and protective pumping facilities
constructed pursuant to title I of the Act, and finally for other uses:
Provided further, That prior to obtaining power from the Navajo
Generating Station under the authority of this subsection, the Secretary
shall complete an analysis of alternative sources of supply, including
but not limited to the possibility of developing an agreement with the
Republic of Mexico whereby the United States (or a non-Federal entity)
would enter into contractual arrangements with Mexico for a sufficient
supply of power to operate the desalting plant, the regulatory pumping
fields and appurtenant facilities.
"(C) Effective October 1, 1979, and to such extent and in such
amounts as are provided in advance in appropriation Acts, the Secretary
of the Interior is authorized to purchase supplemental power and energy
as required for the purposes of supplying the power and energy
requirements of the desalting plant and protective pumping well field.".
Sec. 2. Section 101(c) is amended by inserting ", Colorado River
waters used for the mitigation of fish and wildlife habitat losses"
after "from the desalting plant" in two places.
Sec. 3. Section 103(a) of the Act // 43 USC 1573. // is amended by
adding a new subsection (4) as follows:
"(4) Effective October 1, 1979, and to such extent and in such
amounts as are provided in advance in appropriation Acts, enter
into contracts under the terms and conditions of the Act of June
17, 1902 (43 U.S.C. 371 et seq.) as amended and supplemented for
the delivery of water from said well field to entities within the
United States for municipal and industrial or irrigation purposes:
Provided, That such contracts for municipal and industrial
purposes shall contain terms and conditions as substantially
provided in section 9(c)(1) of the Reclamation Project Act of
1939,
// 43 USC 485h. //
and that contracts for replacement irrigation water supplies to
prevent damage to existing water users on privately developed
lands include water charges no greater than if such water users
had continued to pump their own wells without the United States
lowering the water table and that the acreage limitation and
related provisions of the Reclamation Law will not be applicable
to such privately developed lands: Provided further, That no
contract shall be entered which will impair the ability of the
United States to continue to deliver to Mexico on the land
boundary at San Luis and in the Limitrophe Section of the Colorado
River downstream from Morelos Dam approximately one hundred and
forty thousand acre-feet annually, consistent with the terms
contained in Minute No. 242 of the IBWC.".
Sec. 4. A new section 106 shall be added to the Act, // 43 USC 1576,
1577. // as follows, and succeeding sections shall be renumbered
accordingly:
" Sec. 106. The Secretary is hereby authorized to administer and
dispose of lands and interests in lands acquired, and facilities
constructed under this title, // 43 USC 1575a. // and revenues received
in connection with this authority shall be credited to the general fund
of the Treasury.".
Sec. 5. Section 108 of the Act // 43 USC 1578. // is changed to
section 109 and effective October 1, 1979, is amended by striking the
first sentence and inserting in lieu thereof: " There is hereby
authorized to be appropriated the sum of $356,400,000 for the
construction of the works and accomplishment of the purposes authorized
in sections 101, 102, 103, and 110, // 43 USC 1571 - 1573, // of which
$3,579,000 is authorized for mitigation of fish and wildlife losses
associated with replacement of the Coachella Canal in California, and
$6,960,000 is authorized for mitigation of fish and wildlife losses
associated with the Desalting Complex Unit and the Protective and
Regulatory Pumping Unit in Arizona, based on January 1979, prices plus
or minus such amounts as may be justified by reason of ordinary
fluctuation in construction costs involved therein, and such sums as may
be required to operate and maintain such works and to provide for such
modifications as may be made pursuant to section 104. // 43 USC 1574.
// In order to provide for the utilization of significant improvements
in desalinization technologies which may have been developed since the
Bureau's evaluation, the Secretary is directed to evaluate such cost
effective improvements and implement such improved designs into the
plant operations when the evaluation indicates that cost savings will
result: Provided, however, That no more than five percent of the amount
authorized to be appropriated is used for these purposes.".
Sec. 6. A new section 110 shall be added to the Act, as follows:
" Sec. 110. Effective October 1, 1979, // 43 USC 1579. // and to
such extent and in such amounts as are provided in advance in
appropriate Acts, in order to provide measures determined by the
Secretary of the Interior to be appropriate to mitigate loss of fish and
wildlife habitat associated with other measures taken under this title:
"(a) The Secretary is authorized to--,
"(2) dispose of land, facilities, and equipment;
be provided for operation, maintenance, or replacement
of
non-Federal facilities.
"(b) All costs authorized by this section are
nonreimbursable.".
Sec. 7. A new section 111 shall be added to the Act, as follows:
" Sec. 111. As used in this title: // 43 USC 1580. //
"(a) Navajo Generating Station means--,
participation
in that generating station;
Navajo
Generating Station means that amount of power and
energy
from the integrated system which is attributable to the
United States Navajo entitlement;
the
end of its useful life or an alternative resource is
established,
then Navajo Generating Station means an amount of
power
and energy equivalent to the present United States
entitlement
from Navajo, from the replacement resource.
"(b) All terms used herein that are defined in the Colorado
River Compact shall have the meanings therein defined.".
Sec. 8. The Small Reclamation Projects Act of 1956 (70 Stat. 1044)
// 43 USC 422k. // as amended, is further amended as follows:
(a) Effective October 1, 1980, section 10,
// 43 USC 422j. //
as amended, is further amended by deleting "$400,000,000" and
inserting in lieu thereof the amount of "$600,000,000".
(b) Subsection (c) of section 5,
// 43 USC 422e. //
as amended, is further amended by adding the following: " Except
that portion of said allocation attributable to furnishing
benefits to a facility operated by an agency of the United States,
which portion shall bear no interest;".
Approved September 4, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 177 accompanying H.R. 2609 (Comm. on Interior
and Insular Affairs).
SENATE REPORT No. 96 - 181 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
Vol. 125 (1979): June 4, considered and passed Senate.
Vol. 126 (1980): Feb. 7, H.R. 2609 considered and passed
House; passage vacated and S. 496, amended, passed in lieu. June
24, Senate concurred in House amendments with amendments. Aug.
21, House concurred in Senate amendments.
PUBLIC LAW 96-335, 94 STAT, 1062
rectification, Trinity River Division,
Central Valley project, California, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Secretary of
the Interior, acting through the Commissioner of Reclamation, is
authorized to design, construct, operate, and maintain, or to contract
with the State of California for the design, construction, operation, or
maintenance of, a sand dredging system on the Trinity River immediately
downstream from Grass Valley Creek, a tributary of the Trinity River,
and a debris dam and associated facilities on Grass Valley Creek, in
Trinity County, California, in general conformity to the plan of
development described and set forth in the Grass Valley Creek Sediment
Control Study, April 1978, prepared for the Trinity River Basin Fish and
Wildlife Task Force: Provided, That any such contract entered into
pursuant to this section shall be effective only to such extent or in
such amounts as are provided in advance in appropriation Acts.
Sec. 2. The contract authorized by section 1 of this Act shall
provide that the State of California, on a dollar-for-dollar basis, will
match the funds provided by the Water and Power Resources Service for
constructing, operating, and maintaining the sand dredging system.
Sec. 3. There is authorized to be appropriated for fiscal year 1982
and thereafter, to remain available until expended the sum of $3,500,000
(April 1978 price levels), plus or minus such amounts, if any, as may be
justified by reason of ordinary fluctuations in construction costs
indexes applicable to the type of construction involved herein. There
are also authorized to be appropriated such sums as may be required for
the Federal share of operation and maintenance. All costs incurred
pursuant to this Act shall be nonreimbursable and nonreturnable. No
funds shall be expended hereunder until the Board of Supervisors of
Trinity County adopts adequate timber road and subdivision standards to
protect the Grass Valley Creek watershed, and until an agreement has
been executed with the State of California which shall provide that the
State of California, on a dollar-for-dollar basis, will match the funds
provided by the Water and Power Resources Service for constructing,
operating, and maintaining the sand dredging system.
Approved September 4, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 514 (Comm. on Interior and Insular Affairs).
SENATE REPORT No. 96 - 893 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
Vol. 125 (1979): Oct. 22, considered and passed House.
Vol. 126 (1980): Aug. 18, considered and passed Senate,
amended. Aug. 21, House concurred in Senate amendments.
PUBLIC LAW 96-334, 94 STAT, 1061
Export-Import Bank.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the limitation on program
activity of the Export-Import Bank is increased as follows:
In addition to amounts otherwise authorized for such purposes for the
fiscal year 1980, not to exceed $525,750,000 (of which not to exceed
$251,000,000 shall be for direct loans) is authorized for the fiscal
year 1980 for other than administrative expenses.
Approved August 29, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 1191 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 126 (1980):
July 30, considered and passed House.
July 31, considered and passed Senate, amended, in lieu of S.
J. Res. 191.
Aug. 18, House disagreed to Senate amendment; Senate receded
from its amendment.
PUBLIC LAW 96-333, 94 STAT, 1060
New Mexico are held in trust by
the United States for the Ramah Band of the Navajo
Tribe.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That on and after the
date of the enactment of this Act, title to the following described
lands shall be held by the United States in trust for the Ramah Band of
the Navajo Tribe:
Township 7 north, range 15 west, New Mexico principal meridian:
sections 7, 19, and 31.
Township 7 north, range 16 west, New Mexico principal meridian:
sections 1, 3, 5, 7, 9, 11, 13, 15, 17, 19, 21, 23, 25, 27, 29,
31, 33, and 35.
Approved August 29, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 1209 accompanying H.R. 5003 (Comm. on Interior
and Insular Affairs).
SENATE REPORT No. 96 - 468 (Select Comm. on Indian Affairs).
CONGRESSIONAL RECORD, Vol. 126 (1980):
Jan. 22, considered and passed Senate.
Aug. 18, H.R. 5003 considered and passed House.
Aug. 19, passage of H.R. 5003 vacated by House; S. 1730,
passed in lieu.
PUBLIC LAW 96-332, 94 STAT, 1057
Research, and Sanctuaries Act of 1972,
as amended, to authorize appropriations for such title
for fiscal years 1980 and
1981, 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 301 of the
Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C.
1431) is amended by adding at the end thereof a new sentence to read as
follows: " The term ' State', when used in this title, means any of the
several States or any territory or possession of the United States which
has a popularly elected Governor.".
Sec. 2. Section 302 of the Marine Protection, Research, and
Sanctuaries Act of 1972 (16 U.S.C. 1432) is amended--,
(1) in subsection (b), by inserting "(1)" after "(b)", by
striking out the second sentence thereof, and by inserting at the
end thereof the following new paragraph:
"(2) A designation under this section shall become effective
unless--,
"(A) the Governor of any State described in paragraph (1)
certifies to the Secretary, before the end of the sixty-day period
beginning on the date of the publication of the designation, that
the designation or any of its terms described in subsection
(f)(1), are unacceptable to his State, in which case those terms
certified as unacceptable will not be effective in the waters
described in paragraph (1) in such State until the Governor
withdraws his certification of unacceptability; or
"(B) both Houses of Congress adopt a concurrent resolution in
accordance with subsection (h) which disapproves the designation
or any of its terms described in subsection (f)(1).
The Secretary may withdraw the designation after any such certification
or resolution of disapproval. If the Secretary does not withdraw the
designation, only those portions of the designation not certified as
unacceptable under subparagraph (A) or not disapproved under
subparagraph (B) shall take effect.";
(2) by amending subsection (f) to read as follows:
"(f)(1) The terms of the designation shall include the geographic
area included within the sanctuary; the characteristics of the area
that give it conservation, recreational, ecological or esthetic value;
and the types of activities that will be subject to regulation by the
Secretary in order to protect those characteristics. The terms of the
designation may be modified only by the same procedures through which an
original designation is made.
"(2) The Secretary, after consultation with other interested Federal
and State agencies, shall issue necessary and reasonable regulations to
implement the terms of the designation and control the activities
described in it, except that all permits, licenses, and other
authorizations issued pursuant to any other authority shall be valid
unless such regulations otherwise provide.
"(3) The Secretary shall conduct such research as is necessary and
reasonable to carry out the purposes of this title.
"(4) The Secretary and the Secretary of the department in which the
Coast Guard is operating shall conduct such enforcement activities as
are necessary and reasonable to carry out the purposes of this title.
The Secretary shall, whenever appropriate and in consultation with the
Secretary of the department in which the Coast Guard is operating,
utilize by agreement the personnel, services, and facilities of other
Federal departments, agencies, and instrumentalities, or State agencies
or instrumentalities, whether on a reimbursable or a nonreimbursable
basis in carrying out his responsibilities under this title."; and
(3) by inserting at the end thereof the following new
subsection:
"(h)(1) For purposes of subsection (b)(2)(B), the Secretary shall
transmit to the Congress a designation of a marine sanctuary at the time
of its publication. The concurrent resolution described in subsection
(b)(2)(B) is a concurrent resolution which is adopted by both Houses of
Congress before the end of the first period of sixty calendar days of
continuous session of Congress after the date on which the designation
is transmitted, the matter after the resolving clause of which is as
follows: ' That the Congress does not favor the taking of effect of the
following terms of the marine sanctuary designation numbered transmitted
to Congress by the Secretary of Commerce on : .', the blank space being
filled with the number of the designation, the second blank space being
filled with the date of the transmittal, and the third blank space being
filled with the terms of the designation which are disapproved (or the
phrase 'the entire designation' if the entire designation is
disapproved).
"(2) For the purpose of paragraph (1) of this subsection--,
"(A) continuity of session is broken only by an adjournment of
Congress sine die; and
"(B) the days on which either House is not in session because
of an adjournment of more than three days to a day certain are
excluded in the computation of the sixty-day period.
"(3) A designation which becomes effective, or that portion of a
designation which takes effect under subsection (b), shall be printed in
the Federal Register.".
Sec. 3. Section 304 of the Marine Protection, Research, and
Sanctuaries Act of 1972 (16 U.S.C. 1434) is amended--,
(1) by striking out "and" immediately after "fiscal year
1977,"; and
(2) by adding immediately after "fiscal year 1978" the
following: "and not to exceed $2,250,000 for fiscal year 1981".
Approved August 29, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 894, pt. 1 (Comm. on Merchant Marine and
Fisheries) and pt. 2 (Comm. on Science and Technology), both
accompanying H.R. 6616.
SENATE REPORT No. 96 - 148 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD:
Vol. 125 (1979): May 22, considered and passed Senate.
Vol. 126 (1980): May 12, 13, H.R. 6616 considered and passed
House; passage vacated and S. 1140, amended, passed in lieu.
Aug. 18, Senate concurred in House amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS:
Vol. 16, No. 35 (1980): Aug. 29, Presidential statement.
PUBLIC LAW 96-331, 94 STAT, 1055
nuclear ship Savannah to
Patriots Point Development Authority, an agency of
the State of South Carolina.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Secretary of
Commerce is authorized within one year after enactment of this Act, to
charter the nuclear ship Savannah to Patriots Point Development
Authority, without monetary consideration, for a minimum of five years
and a maximum of thirty years, with options to renew for five-year
periods thereafter, for use as a museum ship and for other public
purposes, but not for transportation, together with such of her
fixtures, tackle, apparel, furnishings, and equipment as the Secretary
of Commerce, in the Secretary's discretion, determines.
Sec. 2. The charter authorized by section 1 shall include a
provision that--,
(a) the Secretary of Commerce shall be responsible for
inspection and maintenance of the hull below the waterline and
that Patriots Point Development Authority shall be responsible for
all other maintenance, including the paying for the electrical
power for the cathodic hull protection system;
(b) the Patriots Point Development Authority shall save the
United States harmless from all liability with respect to the
vessel;
(c) the Patriots Point Development Authority shall return the
vessel to the Secretary of Commerce at the termination of the
charter or any renewal thereof in the same condition, fair wear
and tear excepted, as when the charter was entered into; and
(d) the Patriots Point Development Authority shall obtain such
insurance and provide such other assurances as the Secretary of
Commerce may require to carry out its obligations under this Act.
Sec. 3. The Secretary of Commerce, acting for the United States
Government as owner of the vessel, and Patriots Point Development
Authority shall apply to the Nuclear Regulatory Commission for a license
to possess but not to operate the nuclear utilization facility under
which the sole liability of the Secretary of Commerce shall be that the
Secretary will bear the financial responsibility for the ultimate
disposal of the reactor and other nuclear systems and radioactive
contaminated components in the vessel in accordance with a plan which
the Secretary of Commerce will submit at the time the reactor, nuclear
systems, and radioactive components are to be disposed of and which is
then approved by the Nuclear Regulatory Commission as required by the
Atomic Energy Act of 1954. // 42 USC 2011 // The Authority shall be
responsible for compliance with the license for the monitoring and
security of the reactor and all nuclear systems and radioactive
components in the vessel and for filing all reports that may be required
as the licensee.
Sec. 4. Any funds appropriated pursuant to authorizations contained
in the Acts of October 21, 1975 (89 Stat. 611; Public Law 94 - 121),
July 14, 1976 (90 Stat. 937; Public Law 94 - 362), August 2, 1977 (91
Stat. 419; Public Law 95 - 86), and October 10, 1978 (92 Stat. 1021;
Public Law 95 - 431) are authorized to be used for preservation work on
the nuclear ship Savannah. Expenditures authorized by the preceding
sentence for the preservation of the nuclear ship Savannah shall not
exceed that amount which the Secretary of Commerce, in the Secretary's
discretion, determines to be necessary to make the vessel suitable for
use by the Patriots Point Development Authority pursuant to section 1 of
this Act. No part of any funds authorized to be expended by this
section shall be obligated or expended except in connection with work
which the Secretary of Commerce determines would otherwise be performed
on the nuclear ship Savannah if the vessel were to be laid up in the
National Defense Reserve Fleet pursuant to section 11 of the Merchant
Ship Sales Act of 1946 (60 Stat. 49). // 50 USC app. 1744. //
Sec. 5. Funds appropriated pursuant to authorizations contained in
title III of the Act of September 24, 1979 (93 Stat. 416; Public Law 96
- 68), are authorized to be expended to tow the nuclear ship Savannah to
a site at Patriots Point at Mount Pleasant, South Carolina. Beginning
in fiscal year 1981 there are authorized to be appropriated such sums as
may be necessary to inspect and maintain the hull of the nuclear ship
Savannah below the waterline during the term of the charter and any
renewals thereof.
Approved August 28, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 1220 accompanying H.R. 5867 (Comm. on Merchant
Marine and Fisheries).
SENATE REPORT No. 96 - 478 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD:
Vol. 125 (1979): Dec. 18, considered and passed Senate.
Vol. 126 (1980): Aug. 18, considered and passed House, in lieu
of H.R. 5867.
PUBLIC LAW 96-330, 94 STAT, 1030, VETERANS ADMINISTRATION HEALTH-CARE
AMENDMENTS OF 1980
recruitment and retention of
physicians, dentists, nurses, and other health-care
personnel in the Department of
Medicine and Surgery of the Veterans'
Administration, 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 " Veterans' Administration Health-Care
Amendments of 1980".
(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.
Sec. 101. Section 6 of the Veterans' Administration Physician and
Dentist Pay Comparability Act of 1975 (Public Law 94 - 123; 38 U.S.C.
4118 note) // 38 USC 4104 // is amended by striking out "(1)" the first
and third places it appears and by striking out paragraph (2) of
subsection (a).
DENTISTS'
Sec. 102. (a)(1) Paragraph (1) of subsection (a) of section 4118 //
38 USC 4118. // is amended--,
(A) by striking out "hereunder" and inserting in lieu thereof
"to carry out this section";
(B) by inserting "that (except as provided under subsection (d)
of this section) is" after "in an amount";
(C) by striking out "$13,500 per annum" and "$6,750 per annum"
and inserting in lieu thereof "$22,500 per annum" and "$10,000 per
annum", respectively;
(D) by inserting after " Department of Medicine and Surgery"
the second place it appears the following: "on a full-time basis
(or in the case of a physician employed on a part-time basis, a
proportional amount of the maximum amount that would be paid under
this section to such physician if such physician were employed on
a full-time basis, calculated on the basis of the proportion which
the part-time employment of such physician in the Department of
Medicine and Surgery bears to full-time employment)"; and
(E) by inserting after "so employed" the following: "on a
full--, time basis (or in the case of a dentist employed on a
part-time basis, a proportional amount of the maximum amount that
would be paid under this section to such dentist if such dentist
were employed on a full-time basis, calculated on the basis of the
proportion which the part-time employment of such dentist in the
Department of Medicine and Surgery bears to full-time
employment)".
(2) Notwithstanding subsection (a)(2)(C) of section 4118 of title 38,
United States Code, // 38 USC 4118 // special pay may be paid under such
section to a physician or dentist employed by the Department of Medicine
and Surgery of the Veterans' Administration who is a reemployed
annuitant if such physician or dentist was automatically separated
before September 30, 1978, under section 8335(a) of title 5, United
States Code, as in effect before such date, for having become 70 years
of age.
(b) Subsection (b) // 38 USC 4118. // of such section is amended by
striking out "$5,000" both places it appears and inserting in lieu
thereof "$7,000".
(c) Subsections (c) and (d) of such section are amended to read as
follows:
"(c)(1) In the case of eligible full-time physicians appointed under
this chapter, the Administrator shall provide, in addition to the
primary special pay provided for in subsection (b)(2) of this section
and in accordance with regulations prescribed to carry out this section,
incentive special pay of not more than $15,500 to any eligible
physician. In prescribing such regulations to carry out this paragraph,
the Administrator shall take into account only the following factors and
may pay no more than the following per annum amounts of incentive
special pay to any full-time physician eligible therefor:
"(A)(i) For full-time status, $6,000.
"(ii) For tenure of service within the Department of Medicine
and Surgery--,
and
"(iii) For service in a medical specialty with respect to which
the Chief Medical Director has determined, pursuant to such
regulations, that there are extraordinary difficulties in the
recruitment or retention of qualified physicians, an amount (to be
determined by the Chief Medical Director pursuant to such
regulations) of not less than $4,000 nor more than $15,500.
"(B) For service--,
Grade, $12,600;
Grade,
$13,000;
Director, $14,440;
or
or
Assistant Chief Medical Director, $15,300.
"(C) For--,
certification, $2,500.
"(D) For service (i) in a specific geographic location with
respect to which the Chief Medical Director has determined,
pursuant to such regulations, that there are extraordinary
difficulties in the recruitment or retention of qualified
physicians in the specific category of physicians, or (ii) in the
Central Office of the Department of Medicine and Surgery, an
amount (to be determined by the Chief Medical Director pursuant to
such regulations) of not less than $2,000 nor more than $5,000.
"(2) In the case of eligible full-time dentists appointed under this
chapter, the Administrator shall provide, in addition to the primary
special pay provided for in subsection (b)(2) of this section and in
accordance with regulations prescribed to carry out this section,
incentive special pay of not more than $7,500 to any eligible dentist.
In prescribing such regulations to carry out this paragraph, the
Administrator shall take into account only the following factors and may
pay no more than the following per annum amounts of incentive special
pay to any full-time dentist eligible therefor:
"(A)(i) For full-time status, $1,000.
"(ii) For tenure of service within the Department of Medicine
and Surgery--,
"(iii) For service in a dental specialty with respect to which
the Chief Medical Director has determined, pursuant to such
regulations, that there are extraordinary difficulties in the
recruitment or retention of qualified dentists, an amount (to be
determined by the Chief Medical Director pursuant to such
regulations) of not less than $2,000 nor more than $7,500.
"(B) For service--,
Grade, $3,500;
Grade,
$3,625;
Director, $4,000,
or
"(C) For service in a specific geographic location with respect
to which the Chief Medical Director has determined, pursuant to
such regulations, that there are extraordinary difficulties in the
recruitment or retention of qualified dentists in the specific
category of dentists, an amount (to be determined by the Chief
Medical Director pursuant to such regulations) of not less than
$1,750 nor more than $2,500.
"(3) In the case of eligible part-time physicians appointed under
this chapter, the Administrator shall provide, in addition to the
primary special pay provided for in subsection (b)(3) of this section
and in accordance with regulations prescribed to carry out this section,
incentive special pay of not more than $15,500 to any eligible
physician. In prescribing such regulations to carry out this paragraph,
the Administrator shall take into account only the following factors and
may pay no more than a proportional amount of the following per annum
amounts of incentive special pay to any part--, time physician eligible
therefor, which proportional amount shall be calculated on the basis of
the proportion which the part-time employment in the Department of
Medicine and Surgery of such physician bears to full-time employment:
"(A)(i) For tenure of service within the Department of Medicine
and Surgery--,
years, $750;
and
"(ii) For service in a medical specialty with respect to which
the Chief Medical Director has determined, pursuant to such
regulations, that there are extraordinary difficulties in the
recruitment or retention of qualified physicians, an amount (to be
determined by the Chief Medical Director pursuant to such
regulations) of not less than $3,000 nor more than $12,375.
"(B) For service--,
Grade, $9,190.
"(C) For--,
certification, $1,875.
"(D) For service (i) in a specific geographic location with
respect to which the Chief Medical Director has determined,
pursuant to such regulations, that there are extraordinary
difficulties in the recruitment or retention of qualified
physicians in the specific category of physicians, or (ii) in the
Central Office of the Department of Medicine and Surgery, an
amount (to be determined by the Chief Medical Director pursuant to
such regulations) of not less than $1,500 nor more than $4,000.
"(4) In the case of eligible part-time dentists appointed under this
chapter, the Administrator shall provide, in addition to the primary
special pay provided for in subsection (b)(3) of this section and in
accordance with regulations prescribed to carry out this section,
incentive special pay of not more than $7,500 to any eligible dentist.
In prescribing such regulations to carry out this paragraph, the
Administrator shall take into account only the following factors and may
pay no more than a proportional amount of the following per annum
amounts of incentive special pay to any dentist eligible therefor, which
proportional amount shall be calculated on the basis on the proportion
which the part-time employment in the Department of Medicine and Surgery
of such dentist bears to full-time employment:
"(A)(i) For tenure of service within the Department of Medicine
and Surgery--,
years, $500;
and
"(ii) For service in a dental specialty with respect to which
the Chief Medical Director has determined, pursuant to such
regulations, that there are extraordinary difficulties in the
recruitment or retention of qualified dentists, an amount (to be
determined by the Chief Medical Director pursuant to such
regulations) of not less than $1,500 nor more than $5,625.
"(B) For service--,
Grade, $3,500.
"(C) For service in a specific geographic location with respect
to which the Chief Medical Director has determined, pursuant to
such regulations, that there are extraordinary difficulties in the
recruitment or retention of qualified dentists in a specific
category of dentists, an amount (to be determined by the Chief
Medical Director pursuant to such regulations) of not less than
$1,310 nor more than $1,875.
"(5)(A) Except as provided in subparagraph (B) of this paragraph, a
physician or dentist may not be provided incentive special pay under
both clauses (A) and (B) of paragraph (1), (2), (3), or (4) (whichever
is applicable) of this subsection.
"(B)(i) A physician or dentist serving as a Service Chief (or in a
comparable position as determined by the Chief Medical Director) on a
full-time basis may be provided incentive special pay under subclauses
(i) and (iii) of clause (A) as well as under clause (B) of paragraph (1)
or (2) (whichever is applicable) of this subsection.
"(ii) A physician or dentist serving as a Chief of Staff on a
full-time basis may be provided incentive special pay under clause (A)(
i) as well as under clause (B) of paragraph (1) or (2) (whichever is
applicable) of this subsection.
"(d) In determining--,
"(1) the total amount of special pay provided under this
section to any physician or dentist for the purpose of determining
the applicability to the special pay of such physician or dentist
of the limitation specified in subsection (a) of this section on
the total amount of such special pay; and
"(2) the total amount of incentive special pay provided under
subsection (c) of this section to any physician or dentist for the
purpose of determining the applicability to the incentive special
pay of such physician or dentist of the limitation specified in
such subsection on the total amount of such incentive special pay,
there shall be excluded any special pay provided to such physician or
dentist under subsection (c)(1)(D), (c)(2)(C), (c)(4)(C) of this section
for service in certain geographic locations.".
(d) Subsection (e)(1) of such section // 38 USC 4118. // is amended
by striking out the third sentence thereof.
(e) The amendments made by this section // 38 USC 4118 // shall apply
with respect to pay periods beginning after December 31, 1980.
INSURANCE PURPOSES
Sec. 103. (a) Section 4118(f) // 38 USC 4118. // is amended--,
(1) by striking out " Any" and inserting in lieu thereof "(1)
Except as provided in paragraph (2) of this subsection, any";
(2) by striking out "81, 83, or 87" and inserting in lieu
thereof "81 or 83"; and
(3) by adding at the end thereof the following new paragraphs:
"(2) Additional compensation paid as special pay under this section
after September 30, 1980, to any full-time employee shall be included in
basic pay for purposes of chapter 83 of title 5. // 5 USC 8301 //
Notwithstanding the preceding sentence, special pay paid to any
full-time employee after September 30, 1980, shall be included in
average pay, as defined in section 8331(4) of such title, // 5 USC 8331.
// for the purposes of computing an annuity under such chapter only
if--,
"(A) the annuity is paid under section 8337 of title 5 or under
subsection (d) or (e) of section 8341
// 5 USC 8341. //
of such title; or
"(B) the employee has completed not less than 15 years of
full--, time service in the Department of Medicine and Surgery
(except that, regardless of the length of such employee's service,
no special pay may be included in average pay in computing an
annuity that commences before October 1, 1985, and only one--,
half of any special pay paid after September 30, 1980, may be
included in average pay in computing an annuity that commences on
or after October 1, 1985, but before October 1, 1990).
"(3) Any additional compensation provided as special pay under this
section shall be considered as annual pay for the purposes of chapter 87
of title 5, // 5 USC 8701 // relating to life insurance for Federal
employees.".
(b)(1) Not later than January 1, 1981, the Administrator of Veterans'
Affairs shall notify each employee of the Veterans' Administration who
on October 1, 1980, was a full-time physician or dentist in the
Department of Medicine and Surgery of the provisions of paragraph (2) of
section 4118(f) of title 38, United States Code, as added by subsection
(a), and include in such notice an explanation of the provisions of such
paragraph and of the right of such employee to make an election under
paragraph (2).
(2) Each employee described in paragraph (1) may elect not to have
additional compensation provided such employee as special pay under
section 4118 // 38 USC 4118. // of such title included as basic pay (as
provided for under paragraph (2) of section 4118(f) of such title, as
added by subsection (a)) for purposes of chapter 83 of title 5, United
States Code. // 5 USC 8301 // Any such election shall be in writing and
shall be transmitted to the Administrator of Veterans' Affairs not later
than April 1, 1981.
AND DENTISTS
Sec. 104. (a) Section 4118 // 38 USC 4118. // (as amended by
sections 102 and 103) is further amended by adding at the end the
following new subsection:
"(g)(1) It is the policy of Congress to assure that the levels of
total pay for Veterans' Administration physicians and dentists are fixed
at levels reasonably comparable (A) with the levels of total pay of
physicians and dentists employed by or serving in other departments and
agencies of the Federal Government, and (B) with the income of
non-Federal physicians and dentists, so as to make possible the
recruitment and retention of a well-qualified employee work force of
physicians and dentists capable of providing quality care for eligible
veterans.
"(2) To assist the Congress and the President in carrying out the
policy stated in paragraph (1) of this subsection, the Administrator
shall--,
"(A) define the bases for pay distinctions, if any, among
various categories of physicians and dentists, including between
physicians and dentists employed by the Veterans' Administration
and physicians and dentists employed by other departments and
agencies of the Federal Government and between all Federal sector
and non-Federal sector physicians and dentists;
"(B) obtain measures of income from the employment or practice
of physicians and dentists in the non-Veterans' Administration
sector, including Federal and non-Federal sectors, for use as
guidelines for setting and periodically adjusting the amounts of
special pay for Veterans' Administration physicians and dentists;
"(C) submit a report to the President, on such date as the
President may designate but not later than December 31, 1982, and
once every two years thereafter, recommending appropriate amounts
of special pay to carry out the policy set forth in paragraph (1)
of this subsection with respect to the pay of Veterans'
Administration physicians and dentists; and
"(D) include in such recommendations, when considered
appropriate and necessary by the Administrator, modifications of
the special pay levels set forth in this section (i) whenever the
Veterans' Administration is unable to recruit or retain a
sufficient work force of well-qualified physicians and dentists
because the incomes of non-Veterans' Administration physicians and
dentists performing comparable types of duties are significantly
in excess of the levels of total pay (including basic pay and
special pay) of Veterans' Administration physicians and dentists,
or (ii) whenever other extraordinary circumstances are such that
special pay levels are needed to recruit or retain a sufficient
number of well-qualified physicians and dentists.
"(3) The President shall include in the Budget next transmitted to
the Congress under section 201 of the Budget and Accounting Act, 1921
(31 U.S.C. 11); after the submission of each report of the
Administrator under paragraph (2)(C) of this subsection recommendations
with respect to the exact rates of special pay for physicians and
dentists under this section.
"(4) Not later than April 30 of each year, the Administrator shall
submit to the Committees on Veterans' Affairs of the Senate and House of
Prepresentatives a report regarding the implementation of this section.
Each such report shall include--,
"(A) a review of the implementation of this section (including
the Administrator's and Chief Medical Director's actions,
findings, recommendations, and other activities under this
section) to date for the fiscal year during which the report is
submitted and for such portion of the preceding fiscal year as was
not included in the previous annual report; and
"(B) a plan in connection with the implementation of this
section for the remainder of the fiscal year during which the
(b) Section 3 of the Veterans' Administration Physician and Dentist
Pay Comparability Act of 1975 (Public Law 94 - 123; 89 Stat. 673) // 38
USC 4118 // is repealed.
FACILITIES
EXEMPTED FROM SENIOR EXECUTIVE SERVICE
Sec. 105. (a) Section 4101 // 38 USC 4101. // is amended by adding
at the end thereof the following new subsection:
"(e) Physicians, dentists, nurses, and other health-care
professionals employed by the Department of Medicine and Surgery and
appointed under section 4103, 4104(1), or 4114 // 38 USC 4103, 4104,
4114. // of this chapter and persons appointed under section 413 of the
Civil Service Reform Act of 1978 // 5 USC 3133 // or the following
provisions of title 5: subchapter II of chapter 31, subchapter VIII of
chapter 33, subchapter V of chapter 35, subchapter II of chapter 43,
section 4507, subchapter VIII of chapter 53, and subchapter V of chapter
75.".
(b) Section 4103(a) is amended by redesignating clause (8) as clause
(9) and by inserting after clause (7) the following new clause (8):
"(8) Such directors of hospitals, domiciliary facilities,
medical centers, and outpatient facilites as may be appointed by
the Administrator upon the recommendation of the Chief Medical
Director.".
(c) Section 4107(c) // 38 USC 4107. // is amended by inserting "(1)"
after "(c)" and by adding at the end the following new paragraphs:
"(2) Notwithstanding any other provision of this title, the terms and
conditions of employment of any person to whom paragraph (1) of this
subsection applies shall (except as provided in paragraph (3) of this
subsection) be the same as those applicable under this title to a
physician serving as a director of a hospital, domiciliary facility,
medical center, or outpatient facility.
"(3) Notwithstanding the provisions of section 4101(e) of this title,
any person to whom paragraph (1) of this subsection applies shall be
deemed to be a career appointee for the purposes of section 4507 of
title 5.".
Sec. 111. Section 4107(e) // 38 USC 4107. // is amended--,
(1) by adding at the end of paragraph (5) the following new
sentence: " For the purposes of this paragraph, the period of a
nurse's officially ordered or approved travel away from such
nurse's duty station may not be considered to be hours of service
unless--,
duty; or
involves the
performance of services while traveling, (iii) is
carried out
under arduous conditions as determined by the
Administrator,
or (iv) results from an event which could not be
scheduled
or controlled administratively.";
(2) by inserting "or on a holiday designated by Federal statute
or Executive order" in paragraph (8) after "regular hours"; and
(3) by adding at the end the following new paragraph:
"(10) Notwithstanding any other provision of law, if the
Administrator determines it to be necessary in order to obtain or retain
the services of nurses entitled to additional pay under this subsection,
the Administrator may increase the amount of additional pay authorized
under this subsection to be paid to nurses at any specific Veterans'
Administration health-care facility in order to provide additional pay
in an amount competitive with but not exceeding, the amount of the same
type of pay that is paid to the same category of nurses at non--,
Federal health-care facilities in the same geographic area as such
Veterans' Administration health-care facility (as determined by a
reasonably representative sampling of such non-Federal facilities).".
Sec. 112. Section 4107 is amended by adding at the end the following
new subsection:
"(g)(1) Notwithstanding any other provision of law but subject to
paragraphs (2), (3), and (4) of this subsection, when the Administrator
determines it to be necessary in order to obtain or retain the
services--,
"(A) of physicians, dentists, podiatrists, optometrists,
nurses, physician assistants, or expanded-function dental
auxiliaries appointed under this subchapter; or
"(B) of health-care personnel who--,
physical
plant maintenance and protective services employees);
providing
either direct patient-care services or services
incident to
direct patient-care services; and
the Administrator may increase the minimum, intermediate, or maximum
rates of basic pay authorized under applicable statutes and regulations.
Any increase in such rates of basic pay may be made on a nationwide,
local, or other geographic basis, for one or more of the grades listed
in the schedules in subsection (b)(1) of this section, for one or more
of the health personnel fields within such grades, or for one or more of
the grades of the General Schedule under section 5332 of such title. //
5 USC 5332. //
"(2) Increases in rates of basic pay may be made under paragraph (1)
of this subsection only in order--,
"(A) to provide pay in an amount competitive with, but not
exceeding, the amount of the same type of pay paid to the same
category of health-care personnel at non-Federal health-care
facilities in the same labor market;
"(B) to achieve adequate staffing at particular facilities;
or
"(C) to recruit personnel with specialized skills, especially
those with skills which are especially difficult or demanding.
"(3) The amount of any increase under paragraph (1) of this
subsection in the maximum rate for any grade may not (except in the case
of nurse anesthetists) exceed the amount by which the maximum for such
grade (under applicable provisions of law other than this subsection)
exceeds the minimum for such grade (under applicable provisions of law
other than this subsection), and the maximum rate as so increased may
not exceed the rate paid for individuals serving as Assistant Chief
Medical Director.
"(4) In the exercise of the authority provided in paragraph (1) of
this subsection to increase the rates of basic pay for any category of
personnel not appointed under this subchapter, the Administrator shall,
not less than ninety days prior to the effective date of a proposed
increase, notify the President of the Administrator's intention to
provide such an increase. If, prior to such effective date, the
President disapproves such increase and provides the appropriate
committees of the Congress with a written statement of the President's
reasons for such disapproval, such proposed increase shall not take
effect.".
FULL-TIME BASIS
Sec. 113. (a) Section 4108 // 38 USC 4108. // is amended by
striking out subsections (b) and (c) and inserting in lieu thereof the
following:
"(b) Any person serving as a Chief of Staff of a Veterans'
Administration health-care facility shall be appointed on a full-time
basis.
"(c) As used in this section:
"(1) The term 'affiliated institution' means any medical school
or other institution of higher learning with which the
Administrator has a contract or agreement as referred to in
section 4112(b) of this title for the training or education of
health personnel.
"(2) The term 'remuneration' means the receipt of any amount of
monetary benefit from any non-Veterans' Administration source in
payment for carrying out any professional responsibilities.".
(b) Any individual who on the date of the enactment of this Act // 38
USC 4108 // is serving as a Chief of Staff of a Veterans' Administration
health-care facility on less than full-time basis may continue to serve
in that capacity on a part-time basis so long as such individual's
proportion of full-time service is not less than the proportion of
full-time service in which such individual was serving on such date of
enactment.
Sec. 114. The text of section 4109 // 38 USC 4109. // is amended to
read as follows:
"(a) Except as provided in subsection (b) of this section, persons
appointed to the Department of Medicine and Surgery shall be subject to
the provisions of and entitled to benefits under chapter 83 of title 5.
// 5 USC 8301 //
"(b) Notwithstanding any other provision of law, an individual
retiring on or after October 1, 1981, who served at any time in a
position in the Department of Medicine and Surgery to which such
individual was appointed under this subchapter shall receive service
credit for purposes of section 8339 of title 5 for any period of service
in such Department served on less than a full-time basis on a
proportionate basis equal to the fraction that such service bears to
full-time service. In computing the annuity of any individual whose
service is so credited, the full annual rate of basic pay shall be
deemed to be the individual's rate of basic pay for the purpose of
determining average pay, as defined by section 8331(4) of title 5.".
COMMITTEES
Sec. 115. Section 4112(b) // 38 USC 4112. // is amended by
inserting "(including appropriate representation from the full-time
staff)" after " Veterans' Administration".
SYSTEM
PROVISIONS AND OTHER PROVISIONS OF LAW
Sec. 116. (a)(1) Subchapter I of chapter 73, as amended by section
116, is amended by adding at the end thereof the following new section:
" Section 4119. // 38 USC 4119. // Relationship between this
subchapter and other provisions of law
" Notwithstanding any other provision of law, no provision of title 5
or any other law pertaining to the civil service system which is
inconsistent with any provision of this subchapter shall be considered
to supersede, override, or otherwise modify such provision of this
subchapter except to the extent that such provision of title 5 or of
such other law specifically provides, by specific reference to a
provision of this subchapter, for such provision to be superseded,
overridden, or otherwise modified.".
(2) The table of sections at the beginning of such chapter is amended
by inserting after the item relating to section 4118 the following new
item:
"4119. Relationship between this subchapter and other
provisions of law.".
(b) Section 4114 // 38 USC 4114. // is amended by adding at the end
thereof the following new subsection:
"(g) In accordance with the provisions of section 4119 of this title,
the provisions of chapter 34 of title 5 // 5 USC 3401 // shall not apply
to part-time appointments under this section.".
ADMINISTRATION HEALTH--,
CARE SYSTEM
Sec. 117. (a) In order to evaluate the need for, and the likely
impact on the ability of the Veterans' Administration to meet most
effectively the personnel needs of the Veterans' Administration
health-care program of, the conversion or non-conversion of employees of
the Veterans' Administration's Department of Medicine and Surgery who
are providing direct patient-care services or services incident to
direct patient-care services (as determined by the Administrator of
Veterans' Affairs for the purposes of paragraph (1) of section 4107(g)
of title 38, United States Code, // 38 USC 4101 // as added by section
112) to the pay schedules and other administrative provisions of chapter
73 of title 38, United States Code, the Administrator of Veterans'
Affairs shall conduct a study to determine (1) which, if any, of the
categories of such employees should be so converted in order to improve
patient care, alleviate recruitment and retention problems regarding
such personnel, and improve employee morale, and (2) the desirability of
making any such categories of personnel which are not so converted
eligible for premium pay under the new paragraph (10) which would have
been added to section 4107(e) of such title be the amendment of the
Senate to the bill H.R. 7102, Ninety-sixth Congress, agreed to by the
Senate on June 5, 1980, and the impact of making such categories of
personnel eligible for such pay under such paragraph.
(b) Not later than the end of the eighteen-month period beginning on
the date of the enactment of this Act, the Administrator of Veterans'
Affairs shall submit to the Committees on Veterans' Affairs of the
Senate and House of Representatives a report on the results of such
study, together with any recommendations for administrative or
legislative action, or both, that the Administrator considers
appropriate based on the results of such study and other pertinent
information.
RETENTION
Sec. 118. // 38 USC 4104 // (a) In order to evaluate the
effectiveness of various actions in enabling the Veterans'
Administration to recruit and retain sufficient qualified nursing
personnel (including licensed practical or vocational nurses and nursing
assistants) capable of providing quality care for eligible veterans in
Veterans' Administration health-care facilities, the Administrator of
Veterans' Affairs, in consultation with the Chief Medical Director of
the Veterans' Administration, shall conduct a pilot program and study
for a period of not less than twenty-four and not more than thirty-six
months, in not less than six geographic areas in which the Veterans'
Administration has experienced difficulties in recruiting and retaining
such sufficient qualified personnel. In the course of such study, the
Administrator shall take various administrative actions to overcome such
difficulties.
(b) Not later than the end of the forty-two-month period beginning on
the date of the enactment of this Act, the Administrator of Veterans'
Affairs shall submit to the Congress a report on the results of such
program and study, including an evaluation of the cost factors
associated with each alternative administrative action on an annual
basis and the impact on the recruitment and retention of nursing
personnel at each facility involved, together with any recommendations
for administrative or legislative action, or both, that the
Administrator considers appropriate based on the results of such program
and study and other pertinent information.
(c) The Administrator of Veterans' Affairs shall submit a report on
the implementation of such program and the progress of such study to the
Committees on Veterans' Affairs of the Senate and House of
Represnetatives not later than six months after the date of the
enactment of this Act. Such report shall include a report on the
formulation of regulations to carry out such program and on the status
of the implementation of such program.
PROGRAM
Sec. 201. (a)(1) Chapter 73 is amended by adding at the end thereof
the following new subchapter:
" Section 4141. // 38 USC 4141. // Establishment of program;
purpose; duration
"(a) There is hereby established a program to be known as the
Veterans' Administration Health Professional Scholarship Program
(hereinafter in this subchapter referred to as the ' Scholarship
Program'). The purpose of the Scholarship Program is to assist in
providing an adequate supply of trained physicians and nurses for the
Veterans' Administration and for the Nation and, if needed by the
Veterans' Administration, other health-care professionals appointed
under subchapter I of this chapter. // 38 UC 4101. //
"(b) The Administrator may not furnish scholarships to new
participants in the Scholarship Program after the last day of the tenth
fiscal year beginning after the first such scholarship is approved by
the Administrator.
" Section 4142. // 38 USC 4142. // Eligibility; application;
written contract
"(a) To be eligible to participate in the Scholarship Program, an
individual must--,
"(1) be accepted for enrollment, or be enrolled, as a full-time
student (A) in an accredited (as determined by the Administrator)
educational institution in a State, and (B) in a course of
training offered by such institution and approved by the
Administrator, leading to a degree in medicine, osteopathy,
dentistry, podiatry, optometry, or nursing or a course of training
to become a physician assistant or expanded-function dental
auxiliary;
"(2) submit an application to the Administrator for
participation in the Scholarship Program;
"(3) sign and submit to the Administrator, at the time of
submission of such application, a written contract (described in
subsection (e) of this section) to accept payment of a scholarship
and to serve a period of obligated service as provided in section
4143 of this title; and
"(4) at the time of submission of such application, not be
obligated under any other Federal program to perform service after
completion of the course of study or program of such individual
referred to in clause (1) of this subsection.
"(b)(1) In distributing application forms and contract forms to
individuals desiring to participate in the Scholarship Program,
the
Administrator shall include with such forms--,
"(A) a fair summary of the rights and liabilities of an
individual whose application is approved (and whose contract is
accepted) by the Administrator, including in the summary a clear
explanation of the damages to which the United States is entitled
under section 4114 of this title if the individual breaches the
contract; and
"(B) a full description of the terms and conditions that would
apply to the individual's participation in the Scholarship Program
and service in the Department of Medicine and Surgery.
"(2) The Administrator shall make such application forms, contract
forms, and other information available to individuals desiring to
participate in the Scholarship Program on a date sufficiently early to
allow such individuals adequate time to prepare and submit such forms.
"(c)(1) In selecting applicants for acceptance in the Scholarship
Program, the Administrator shall give priority to the applications of
individuals who have previously received scholarships under the
Scholarship Program.
"(2) Before awarding the initial scholarship in any course of
training other than in medicine or nursing, the Administrator, not less
than 60 days before awarding such scholarship, shall notify the
Committees on Veterans' Affairs of the Senate and House of
Representatives of the Administrator's intent to award a scholarship in
such course of training and of the reasons why the award of scholarships
in such course of training is necessary to assist in providing for the
Veterans' Administration an adequate supply of personnel in the health
profession concerned.
"(d)(1) An individual becomes a participant in the Scholarship
Program only upon the Administrator's approval of the individual's
application submitted under subsection (a)(2) of this section and the
Administrator's acceptance of the contract signed by the individual
under subsection (a)(3) of this section.
"(2) The Administrator shall provide written notice to an individual
promptly upon the Administrator's approval under paragraph (1) of this
subsection of the individual's participation in the Scholarship Program.
"(e) The written contract (referred to in this subchapter) between
the Administrator and a participant in the Scholarship Program shall
contain--,
"(1) an agreement that--,
Administrator
agrees (i) to provide the participant with a scholarship
(described in subsection (f) of this section) for from
one to
four school years during which period the participant is
pursuing a course of training described in subsection
(a)(1)(B)
of this section, and (ii) to afford the participant the
opportunity
for employement in the Department of Medicine and
Surgery (subject to the availability of appropriated
funds for
such purpose and other qualifications established in
accordance
with section 4105 of this title);
// 38 USC 4105. //
and
participant
agrees--,
of this
section until the participant completes the course of
training;
'period
of obligated service') equal to the greater of--,
serve
any additional period of obligated service prescribed by
the Administrator under section 4143(b)(4)(B) of this
title;
"(2) a provision that any financial obligation of the United
States arising out of a contract entered into under this
subchapter, and any obligation of the participant which is
conditioned thereon, is contingent upon funds being appropriated
for scholarships under this subchapter;
"(3) a statement of the damages to which the United States is
entitled under section 4144 of this title for the participant's
breach of the contract; and
"(4) such other statements of the rights and liabilities of the
Administrator and of the participant as may be appropriate and
consistent with the provisions of this subchapter.
"(f)(1) A scholarship provided to a participant in the Scholarship
Program for a school year under a written contract under the Scholarship
Program shall consist of--,
"(A) payment to, or (in accordance with paragraph (2) of this
subsection) on behalf of, the participant of the amount of--,
and
fees,
books, and laboratory expenses; and
"(B) payment to the participant of a stipend of not in excess
of $485 per month (adjusted in accordance with paragraph (3) of
this subsection) for each of the 12 consecutive months beginning
with the first month of such school year.
"(2) The Administrator may contract with an educational institution
in which a participant in the Scholarship Program is enrolled for the
payment to the educational institution of the amounts of tuition and
other reasonable educational expenses described in paragraph (1)(A) of
this subsection. Payment to such an educational institution may be made
without regard to section 3648 of the Revised Statutes of the United
States (31 U.S.C. 529).
"(3) The amount of the monthly stipend, specified in paragraph (1)(
B) of this subsection and as previously adjusted (if at all) in
accordance with this paragraph, shall be increased by the Administrator
for each school year ending in a fiscal year beginning after September
30, 1980, by an amount (rounded to the next highest multiple of $1)
equal to the amount of such stipend multiplied by the overall percentage
(as set forth in the report transmitted to the Congress under section
5305 of title 5) of the adjustment (if such adjustment is an increase)
in the rates of pay under the General Schedule made effective in the
fiscal year in which such school year ends.
"(g) Notwithstanding any other provision of law, participants in the
Scholarship Program shall not be considered to be employees of the
Federal Government and shall not be counted against any employment
ceiling affecting the Department of Medicine and Surgery while they are
undergoing a course of training prior to engaging in deferred
internship, residency, or other advanced clinical training.
"(h) The Administrator shall report to Congress not later than March
1 of each year--,
"(1) the number of students receiving scholarships under the
Scholarship Program and the number of students enrolled in each
type of health profession training;
"(2) the educational institutions providing such training;
"(3) the number of applications filed, by health profession
category, under this section during the school year beginning in
such year and the total number of such applications so filed for
all years in which the Scholarship Program has been in existence;
"(4) the number of scholarships accepted, by health profession
category, during such school year and the number, by health
profession category, which were offered and not accepted, together
with a summary of the reasons that such scholarships were not
accepted; and
"(5) the amount of tuition and other expenses paid, by health
profession category, in the aggregate and at each educational
institution for the school year beginning in such year and for
prior school years.
"(i) The Administrator shall prescribe regulations to carry out the
Scholarship Program.
" Section 4143. // 38 USC 4143. // Obligated service
"(a) Each participant in the Scholarship Program shall provide
service in the full-time clinical practice of such participant's
profession or in another health-care position, in an assignment or
location as determined by the Administrator, as a full-time employee of
the Veterans' Administration for the period of obligated service
provided in the contract of such participant enetered into under section
4142 of this title.
"(b)(1) Not later than 60 days prior to the date described in
paragraph (3) of this subsection with respect to a participant in the
Scholarship Program, the Administrator shall notify the participant of
the date described in such paragraph for the beginning of such
participant's period of obligated service.
"(2) The Administrator shall appoint each participant in the
Department of Medicine and Surgery as soon as possible after the date
described in paragraph (3) of this subsection.
"(3)(A)(i) With respect to a participant receiving a degree from a
school of medicine, osteopathy, dentistry, optometry, or podiatry, the
date for the beginning of the participant's period of obligated service
is the date upon which the participant becomes licensed to practice
medicine, osteopathy, dentistry, optometry, or podiatry, as the case may
be, in a State, except that the Administrator may, at the request of
such participant, defer such date until the end of the period of time
required for the participant to complete an internship or residency or
other advanced clinical training. If the participant requests such a
deferral, the Administrator shall notify the participant that such
deferral could lead to an additional period of obligated service in
accordance with paragraph (4) of this subsection.
"(ii) No such period of internship or residency or other advanced
clinical training shall be counted toward satisfying a period of
obligated service under this subchapter.
"(B) With respect to a participant receiving a degree from a school
of nursing, the date for the beginning of the participant's period of
obligated service is the date upon which the participant becomes
registered as a graduate nurse in a State.
"(C) With respect to a participant receiving a degree from an
institution other than a school of medicine, osteopathy, dentistry,
optometry, podiatry, or nursing, the date for the beginning of the
participant's period of obligated service is the date upon which the
participant completes the course of training leading to such degree.
"(4) Any participant whose period of obligated service is deferred
under paragraph (3)(A) of this subsection--,
"(A) shall be required to undertake internship or residency or
other advanced clinical training in an accredited program in an
educational institution which is an affiliated institution (as
defined in section 4108(c)(1) of this title) and with respect to
which the affiliation agreement provides that all or part of the
internship or residency or other advanced clinical training will
be undertaken in a Veterans' Administration health-care facility;
and
"(B) may, at the discretion of the Administrator and upon the
recommendation of the Chief Medical Director, incur an additional
period of obligated service--,
year
of internship or residency or other advanced clinical
training
(or a proportionate ratio thereof), if the internship,
residency, or advanced clinical training is in a medical
specialty necessary to meet the health care requirements
of the Veterans' Administration (as determined under
regulations
prescribed by the Administrator); or
if the
internship, residency, or advanced clinical training is
not in
a medical specialty necessary to meet the health care
requirements
of the Veterans' Administration (as determined
under regulations prescribed by the Administrator).
"(c) A participant in the Scholarship Program shall be considered to
have begun serving a period of obligated service on the date such
participant, in accordance with subsection (a) of this section, is
appointed under this chapter as a full-time employee in the Department
of Medicine and Surgery.
" Section 4144. // 38 USC 4144. // Breach of contract; liabiliity;
waiver
"(a) A participant in the Scholarship Program (other than a
participant described in subsection (b) of this section) who fails to
accept payment, or instructs the educational institution in which the
participant is enrolled not to accept payment, in whole or in part, of a
scholarship under the contract entered into under section 4142 of this
title, shall, in addition to any period of obligated service or other
obligation or liability under the contract, be liable to the United
States for the amount of $1,500 as liquidated damages.
"(b) A participant in the Scholarship Program who--,
"(1) fails to maintain an acceptable level of academic standing
in the educational institution in which the participant is
enrolled (such level determined by the educational institution
under regulations prescribed by the Administrator);
"(2) is dismissed from such educational institution for
disciplinary reasons;
"(3) voluntarily terminates the course of training in such
educational institution before the completion of such course of
training; or
"(4) fails to become licensed ot practice medicine, osteopathy,
dentistry, podiatry, or optometry in a State, fails to become
registered as a graduate nurse in a State, or fails to meet any
applicable licensure requirement in the case of a physician
assistant or expanded-function dental auxiliary, during a period
of time determined under regulations prescribed by the
Administrator;
in lieu of any service obligation arising under such contract, shall be
liable to the United States for the amount which has been paid to or on
behalf of the participant under the contract.
"(c) If a participant in the Scholarship Program breaches the written
contract by failing (for any reason) to complete such participant's
period of obligated service, the United States shall be entitled to
recover from the participant an amount determined in accordance with the
following formula:
FORMULA OMITTED. in which ' A' is the amount the United States is
entitled to recover; ' ' is the sum of the amounts paid under this
subchapter or on behalf of the participant and the interest on such
amounts which would be payable if at the time the amounts were paid they
were loans bearing interest at the maximum legal prevailing rate, as
determined by the Treasurer of the United States; 't' is the total
number of months in the participant's period of obligated service,
including any additional period of obligated service in accordance with
section 4143(b)(4)(B) of this subchapter; and 's' is the number of
months of such period served by the participant in accordance with
section 4143 of this title. Any amount of damages which the United
States is entitled to recover under this section will, within the
one-year period beginning on the date of the breach of the written
contract, be paid to the United States.
"(d)(1) Any obligation under the Scholarship Program (or a written
contract thereunder) of a participant in the Scholarship Program for
service or payment of damages shall be canceled upon the death of the
participant.
"(2) The Administrator shall prescribe regulations providing for the
waiver or suspension of any obligation of a participant for service or
payment under such Program (or a contract thereunder) whenever
compliance by the participant is impossible due to circumstances beyond
the control of the participant or whenever the Administrator determines
that the waiver or suspension of compliance would be in the best
interest of the Veterans' Administration.
"(3) Any obligation of a participant under such Program (or a
contract thereunder) for payment of damages may not be released by a
discharge in bankruptcy under title 11 // 11 USC 101. // before the
expiration of the five-year period beginning on the first date that
payment of such damages is due.
"(e) The Administrator, in cooperation with and with the consent of
the heads of other relevant departments and agencies and with the
consent of the participant or individual involved, may permit--,
"(1) any period of obligated service required to be performed
under this subchapter to be performed in another Federal
department or agency or in the Armed Forces; and
"(2) any period of obligated service required to be performed
in another Federal department or agency or in the Armed Forces
under another Federal health personnel scholarship program to be
performed in the Department of Medicine and Surgery.
" Section 4145. // 38 USC 4145. // Exemption of scholarship payments
from taxation
" Notwithstanding any other law, any payment to, or on behalf of, a
participant in the Scholarship Program for tuition, education expenses,
or a stipend under this subchapter shall be exempt from taxation.
" Section 4146. // 38 USC 4146. // Program subject to availability
of appropriations
" The authority of the Administrator to make payments under this
subchapter is effective for any fiscal year only to the extent that
appropriated funds are available for such purposes.".p
(2) The table of sections at the beginning of such chapter is amended
by adding at the end thereof the following:
PROFESSIONAL
SCHOLARSHIP PROGRAM
" Sec.
"4141. Establishment of program; purpose; duration.
"4142. Eligibility; application; written contract.
"4143. Obligated service.
"4144. Breach of contract; liability; waiver.
"4145. Exemption of scholarship payments from taxation.
"4146. Program subject to availability of appropriations.".
(b) Effective October 1, 1980, // 38 USC 4146 // there are authorized
to be appropriated such sums as may be necessary to carry out the
program established by the amendments made by subsection (a).
OBLIGATED SERVICE
UNDER THE SCHOLARSHIP PROGRAM
Sec. 202. Section 4118 (as amended by sections 102, 103, and 104) is
further amended by adding at the end thereof the following new
subsection:
"(h) A physician or dentist serving a period of obligated service
pursuant to subchapter IV of this chapter is not eligible for incentive
special pay under this section during the first three years of such
obligated service and may only be paid primary special pay under this
section at the discretion of the Administrator upon the recommendation
of the Chief Medical Director.".
Sec. 203. The Administrator of Veterans' Affairs shall submit a
report on the implementation of the Veterans' Administration Health
Professional Scholarship Program to the Committees on Veterans' Affairs
of the Senate and House of Representatives not later than six months
after the date of the enactment of this Act. Such report shall include a
report on the formulation of regulations to carry out such program and
on the status of the implementation of such program.
Sec. 301. The purposes of this title // 38 USC 4101 // are (1) to
improve and expand the capability of Veterans' Administration
health-care facilities to respond with the most effective and
appropriate services possible to the medical, psychological and social
needs of the increasing number of older veterans, and (2) to advance
scientific knowledge regarding such needs and the methods of meeting
them by facilitating higher quality geriatric care for eligible older
veterans through geriatric and gerontological research, the training of
health personnel in the provision of health care to older individuals,
and the development of improved models of clinical services for eligible
older veterans.
CLINICAL
ACTIVITIES
Sec. 302. Section 4101, as amended by section 105(a), is amended by
adding at the end the following new subsection:
"(f)(1)(A) The Administrator, upon the recommendation of the Chief
Medical Director and pursuant to the provisions of this subsection,
shall designate not more than fifteen Veterans' Administration
health-care facilities as the locations for centers of geriatric
research, education, and clinical activities and (subject to the
appropriation of sufficient funds for such purpose) shall establish and
operate such centers at such locations in accordance with this
subsection.
"(B) In designating locations for centers under subparagraph (A) of
this paragraph, the Administrator, upon the recommendation of the Chief
Medical Director, shall--,
"(i) designate each Veterans' Administration health-care
facility that on the date of the enactment of the Veterans'
Administration Health-Care Amendments of 1980 is operating a
geriatric research, education, and clinical center unless, on the
recommendation of the Chief Medical Director, the Administrator
determines that such facility does not meet the requirements of
subparagraph (C) of this paragraph or has not demonstrated
effectiveness in carrying out the established purposes of such
center or the purposes of title III of the Veterans'
Administration Health-Care Amendments of 1980 or the potential to
carry out such purposes effectively in the reasonably foreseeable
future; and
"(ii) assure appropriate geographic distribution of such
facilities.
"(C) The Administrator may not designate any health-care facility as
a location for a center under subparagraph (A) of this paragraph unless
the Administrator, upon the recommendation of the Chief Medical
Director, determines that the facility has (or may reasonably be
anticipated to develop)--,
"(i) an arrangement with an accredited medical school which
provides education and training in geriatrics and with which such
facility is affiliated under which residents receive education and
training in geriatrics through regular rotation through such
center and through nursing home, extended care, or domiciliary
units of such facility so as to provide such residents with
training in the diagnosis and treatment of chronic diseases of
older individuals, including cardiopulmonary conditions, senile
dementia, and neurological disorders;
"(ii) an arrangement under which nursing or allied health
personnel receive training and education in geriatrics through
regular rotation through nursing home, extended care, or
domiciliary units of such facility;
"(iii) the ability to attract the participation of scientists
who are capable of ingenuity and creativity in health-care
research efforts;
"(iv) a policymaking advisory committee compsed of appropriate
health-care and research representatives of the facility and of
the affiliated school or schools to advise the directors of such
facility and such center on policy matters pertaining to the
activities of such center during the period of the operation of
such center; and
"(v) the capability to conduct effectively evaluations of the
activities of such center.
"(D) Prior to providing funds for the operation of any such center at
a health-care facility other than a health-care facility designated
under subparagraph (B)(i) of this paragraph, the Administrator shall
assure that the center at each facility designated under such
subparagraph is receiving adequate funding to enable such center to
function effectively in the areas of geriatric research, education, and
clinical activities.
"(2)(A) The Administrator shall establish in the Department of
Medicine and Surgery a Geriatrics and Gerontology Advisory Committee
(hereinafter in this subsection referred to as the ' Committee'). The
membership of the Committee shall be appointed by the Administrator,
upon the recommendation of the Chief Medical Director, and shall include
individuals who are not employees of the Federal Government and who have
demonstrated interest and expertise in research, education, and clinical
activities related to aging and at least one representative of a
national veterans' service organization. The Administrator, upon the
recommendation of the Chief Medical Director, shall invite
representatives of other appropriate departments and agencies of the
United States to participate in the activities of the Committee and
shall provide the Committee with such staff and other support as may be
necessary for the Committee to carry out effectively its functions under
this paragraph.
"(B) The Committee shall--,
"(i) advise the Chief Medical Director on all matters
pertaining to geriatrics and gerontology;
"(ii) assess, through an evaluation process (including a site
visit conducted not later than three years after the date of the
establishment of each new center and not later than two years
after the date of the last evaluation of those centers in
operation on the date of the enactment of this subsection), the
ability of each center established under paragraph (1) of this
subsection to achieve its established purposes and the purposes of
title III of the Veterans' Administration Health-Care Amendments
of 1980;
"(iii) assess the capability of the Veterans' Administration to
provide high quality geriatric, extended, and other health-care
services to eligible older veterans, taking into consideration the
likely demand for such services from such veterans;
"(iv) assess the current and projected needs of eligible older
veterans for geriatric, extended-care, and other health-care
services from the Veterans' Administration and its activities and
plans designed to meet such needs; and
"(v) perform such additional functions as the Administrator or
Chief Medical Director may direct.
"(C)(i) Not later than April 1, 1983, the Committee shall submit to
the Administrator, through the Chief Medical Director, a report with
respect to its findings and conclusions under subparagraph (B) of this
paragraph. Such report shall include--,
"(I) descriptions of the operations of the centers of geriatric
research, education, and clinical activities established pursuant
to paragraph (1) of this subsection;
"(II) assessments of the quality of the operations of such
centers;
"(III) an assessment of the extent to which the Veterans'
Administration, through the operation of such centers and other
health-care facilities and programs, is meeting the needs of
eligible older veterans for geriatric and extended-care and other
health-care services;
"(IV) assessments of and recommendations for correcting any
deficiencies in the operations of such centers; and
"(V) recommendations for such other geriatric, extended-care,
and other health-care services as may be needed to meet the needs
of older veterans.
Following the submission of such report, the Committee shall also submit
to the Administrator, through the Chief Medical Director, such further
reports as the Committee considers appropriate with respect to the
matters described in clauses (I) through (V) of the preceding sentence.
"(ii) Not later than ninety days after receipt of a report submitted
under division (i) of this subparagraph, the Administrator shall
transmit such report, together with the Administrator's comments and
recommendations thereon, to the appropriate committees of the Congress.
"(3) There are hereby authorized to be appropriated for the basic
support of the research and education activities of the centers of
geriatric research, education, and clinical activities established
pursuant to paragraph (1) of this subsection $10,000,000 for fiscal year
1981 and $25,000,000 for each of the next three fiscal years. The Chief
Medical Director shall allocate to such centers from other funds
appropriated generally for the Veterans' Administration medical care
account and medical and prosthetics research account, as appropriate,
such amounts as the Chief Medical Director determines appropriate, and,
with respect to fiscal year 1984, as the Chief Medical Director
determines appropirate after taking into account the report submitted by
the Committee under paragraph (2) of this subsection.
"(4) Activities of clinical and scientific investigation at each
center established under paragraph (1) of this subsection shall be
eligible to compete for the award of funding from funds appropriated for
the Veterans' Administration medical and prosthetics research account
and shall receive priority in the award of funding from such account
insofar as funds are awarded to projects for research in geriatrics and
gerontology.".
Sec. 303. Section 4103(a)(4) // 38 USC 4103. // is amended by
adding at the end the following new sentence: " One Assistant Chief
Medical Director shall be a qualified physician trained in, or having
suitable extensive experience in, geriatrics who shall be responsible to
the Chief Medical Director for evaluating all research, educational, and
clinical health--, care programs carried out in the Department in the
field of geriatrics and who shall serve as the principal advisor to the
Chief Medical Director with respect to such programs.".
Sec. 304. (a) The amendments made by sections 302 and 303 // 38 USC
4101 // shall take effect on October 1, 1980.
(b) The Geriatrics and Gerontology Advisory Committee required to be
established by the Administrator in the Department of Medicine and
Surgery of the Veterans' Administration pursuant to subsection (f)(2)(
A) of section 4101 of title 38, United States Code, as added by section
302, shall be established not later than January 1, 1981.
MEDICAL
EXPENSES
Sec. 401. (a) Section 622 is amended to read as follows:
" Section 622. // 38 USC 622. // Evidence of inability to defray
necessary expenses
" For the purposes of sections 610(a)(1)(B), 610(b)(2), 624(c), and
632(a)(2) of this title, // 38 USC 610, 624 632. // the fact that an
individual is--,
"(1) eligible to receive medical assistance under a State plan
approved under title XIX of the Social Security Act (42 U.S.C.
1396 et seq.);
"(2) a veteran with a service-connected disability; or
"(3) in receipt of pension under any law administered by the
Veterans' Administration;
shall be accepted as sufficient evidence of such individual's inability
to defray necessary expenses.".
(b) The item relating to such section in the table of sections at the
beginning of chapter 17 is amended to read as follows:
"622. Evidence of inability to defray necessary expenses.".
Sec. 402. (a) Section 5021(a) // 93 Stat. 61. 38 USC 5021. // is
amended--,
(1) by inserting after "direct" in clause (2) "cost (which may
be based on the cost of recent significant purchases of the
equipment or supply item involved)"; and
(2) by striking out the second sentence in such section and
inserting in lieu thereof the following:
" At the end of each fiscal year, there shall be covered into the
Treasury of the United States as miscellaneous receipts such amounts as
the Administrator determines to be in excess of the requirements
necessary for the maintenance of adequate inventory levels and for the
effective financial management of the revolving supply fund.".
(b) The amendments made by subsection (a) // 38 USC 5021 // shall
take effect as of October 1, 1979.
Sec. 403. (a) Section 5022(a) // 93 Stat. 61. 38 USC 5022. // is
amended by inserting "(1)" after "(a)" and by adding at the end thereof
the following new paragraph:
"(2)(A) Before entering into a transaction described in subparagraph
(B) of this paragraph with respect to any real property owned by the
United States and administered by the Veterans' Administration which has
an estimated value in excess of $50,000, the Administrator shall submit
a report of the facts concerning the proposed transaction to the
Committees on Veterans' Affairs of the Senate and House of
Representatives, and such transaction may not then be entered into until
after the expiration of 30 days from the date upon which the report is
submitted.
"(B) Subparagraph (A) of this paragraph applies to (i) any transfer
of an interest in real property to another Federal agency or to a State
(or any political subdivision of a State), and (ii) any report to a
Federal disposal agency of excess real property.
"(C) A statement in an instrument of conveyance, including a lease,
that the requirements of this paragraph have been met, or that the
conveyance is not subject to this paragraph, is conclusive for the
purposes of all matters pertaining to the ownership of any right or
interest in the property conveyed by such instrument.".
(b) Section 5070(e) is amended // 38 USC 5070. // by inserting a
comma and "but no such lease may be for a period of more than 50 years"
before the period at the end of the second sentence of such section.
NURSING HOME
CARE IN STATE HOME FACILITIES
Sec. 404. Section 5034(1) // 38 USC 5034. // is amended by striking
out the comma and "which number" and all that follows in such section
and inserting in lieu thereof a period.
HEALTH-CARE PERSONNEL
TRAINING GRANTS MUST INCREASE NUMBER OF
INDIVIDUALS RECEIVING
TRAINING
Sec. 405. Section 5093(b)(1) // 38 USC 5093. // is amended by
striking out "and will result" and all that follows through "training at
such institution".
Sec. 406. No provision of law enacted after the date of the
enactment of this Act // 38 USC 111 // which imposes any restriction or
limitation on the availability of funds for the travel and
transportation of officers and employees of the executive branch of the
Government and their dependents, or on the transportation of things of
such officers and employees and their dependents, shall be applicable to
the travel of eligible veterans, dependents, or survivors, for which
reimbursement is authorized under title 38, United States Code, // 38
USC 101. // pursuant to the terms and conditions of section 111 // 38
USC 111. // of such title, unless such provision is expressly made
applicable to the travel of such veterans, dependents, or survivors.
HOSPITAL CARE AND
MEDICAL SERVICES FURNISHED IN THE COMMONWEALTH
OF PUERTO
RICO AND THE VIRGIN ISLANDS
Sec. 407. Section 8(a) of the Veterans' Administration Programs
Extension Act of 1978 (Public Law 95 - 520; 92 Stat. 1822) // 38 USC
601 // is amended by striking out " February 1, 1980" and inserting in
lieu thereof " February 1, 1981".
Sec. 408. Section 4101(b) // 38 USC 4101. // is amended by striking
out "manpower" both places it appears and inserting in lieu thereof
"personnel".
The House of Representatives having proceeded to reconsider the bill
(H.R. 7102) entitled " An Act to amend title 38, United States Code, to
promote the recruitment and retention of physicians, dentists, nurses,
and other health-care personnel in the Department of Medicine and
Surgery of the Veterans' Administration, and for other purposes",
returned by the President of the United States with his objections, to
the House of Representatives, in which it originated, it was
Resolved, That the said bill pass, two-thirds of the House of
Representatives agreeing to pass the same.
I certify that this Act originated in the House of Representatives.
The Senate having proceeded to reconsider the bill (H.R. 7102)
entitled " An Act to amend title 38, United States Code, to promote the
recruitment and retention of physicians, dentists, nurses, and other
health-care personnel in the Department of Medicine and Surgery of the
Veterans' Administration, and for other purposes", returned by the
President of the United States with his objections, to the House of
Representatives, in which it originated, and passed by the House of
Representatives on reconsideration of the same, it was
Resolved, That the said bill pass, two-thirds of the Senators present
having voted in the affirmative.
Attest:
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 958 (Comm. on Veterans' Affairs)
SENATE REPORT No. 96 - 747 accompanying S. 2534 (Comm. on Veterans'
Affairs).
CONGRESSIONAL RECORD, Vol. 126 (1980):
May 19, 20, considered and passed House.
June 5, considered and passed Senate, amended, in lieu of S.
2534.
July 31, House concurred in Senate amendment with an amendment.
Aug. 1, Senate concurred in House amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 16, No. 35:
Aug. 22, vetoed; Presidential message.
CONGRESSIONAL RECORD, Vol. 126 (1980):
Aug. 26, House and Senate overrode veto.
PUBLIC LAW 96-329, 94 STAT, 1029
protection of the spouses of
major Presidential and Vice Presidential candidates
during the 120-day period
before a general Presidential election.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the second sentence
of subsection (a) of the first section of the Joint Resolution entitled
" Joint Resolution to authorize the United States Secret Service to
furnish protection to major presidential and vice presidential
candidates", approved June 6, 1968 (82 Stat. 170; 18 U.S. C. 3056
note), is amended to read as follows: " Upon the request of a major
presidential or vice presidential candidate, as determined by the
Secretary after consultation with the advisory committee, the Secretary
may authorize the United States Secret Service to furnish protection to
the spouse of such major presidential or vice presidential candidate,
except that such protection shall not commence more than 120 days before
the general Presidential election.".
Approved August 11, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 1196 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 126 (1980):
July 28, considered and passed House.
Aug. 1, considered and passed Senate.
PUBLIC LAW 96-328, 94 STAT, 1027
system of accountability and
responsibility for property of the United States
issued to the National Guard.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) subsections (b)
and (c) of section 710 of title 32, United States Code, are amended to
read as follows:
"(b) The Secretary of the Army shall prescribe regulations for
accounting for property issued by the United States to the Army National
Guard and for the fixing of responsibility for that property. The
Secretary of the Air Force shall prescribe regulations for accounting
for property issued by the United States to the Air National Guard and
for the fixing of responsibility for that property. So far as
practicable, regulations prescribed under this section shall be uniform
among the components of each service.
"(c) Under regulations prescribed by the Secretary concerned under
subsection (b), liability for the value of property issued by the United
States to the National Guard that is lost, damaged, or destroyed may be
charged (1) to a member of the Army National Guard or the Air National
Guard when in similar circumstances a member of the Army or Air Force
serving on active duty would be so charged, or (2) to a State or
Territory, Puerto Rico, the Canal Zone, or the District of Columbia when
the property is lost, damaged, or destroyed incident to duty directed
pursuant to the laws of, and in support of the authorities of, such
jurisdiction. Liability charged to a member of the Army National Guard
or the Air National Guard shall be paid out of pay due to the member for
duties performed as a member of the National Guard, unless the Secretary
concerned shall for good cause remit or cancel that liability.
Liability charged to a State or Territory, Puerto Rico, the Canal Zone,
or the District of Columbia shall be paid from its funds or from any
other non-Federal funds.".
(b)(1) The section heading for such section is amended to read as
follows:
" Section 710. Accountability for property issued to the National
Guard".
(2) The item relating to such section in the table of sections at the
beginning of chapter 7 of title 32, United States Code, is amended to
read as follows: "710. Accountability for property issued to the
National Guard.".
Sec. 2. The amendment made by subsection (a) of the first section of
this Act // 32 USC 710 // shall apply to liability for property issued
by the United States to the National Guard that is lost, damaged, or
destroyed on or after October 1, 1980. Liability for such property that
is lost, damaged, or destroyed before such date shall be governed by the
provisions of section 710 of title 32, United States Code, as in effect
on the day before the date of the enactment of this Act.
Approved August 8, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 627 (Comm. on Armed Services).
SENATE REPORT No. 96 - 849 (Comm. on Armed Services).
CONGRESSIONAL RECORD:
Vol. 125 (1979): Nov. 27, considered and passed House.
Vol. 126 (1980): July 25, considered and passed Senate.
PUBLIC LAW 96-327, 94 STAT, 1026
Investment Corporation (OPIC) in
the People's Republic of China.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 239 of the
Foreign Assistance Act of 1961, as amended, // 22 USC 2199. // is
further amended by striking out "or" before " Romania" and inserting in
lieu thereof a comma, and by inserting "or the People's Republic of
China" following " Romania".
Approved August 8, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 1152 accompanying H.R. 7531 (Comm. on Foreign
Affairs).
SENATE REPORT No. 96 - 840 (Comm. on Foreign Relations).
CONGRESSIONAL RECORD, Vol. 126 (1980):
July 21, considered and passed Senate.
July 28, considered and passed House, in lieu of H.R. 7531.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 16, No. 32:
Aug. 8, Presidential statement.
PUBLIC LAW 96-326, 94 STAT, 1023
disputes between supervisors
and the United States Postal Service.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 1004 of
title 39, United States Code, is amended by adding at the end thereof
the following new subsections:
"(c)(1) The Postal Service and the supervisors' organization shall,
unless otherwise mutually agreed to, meet at least once each month to
implement the consultation and direct participation procedures of
subsection (b) of this section.
"(2)(A) At least 7 days before each meeting, each party shall--,
"(i) provide notice of agenda items, and
"(ii) describe in detail the proposals such party will make
with respect to each such item.
"(B) Grievances of individual employees shall not be matters which
may be included as agenda items under this paragraph.
"(d)(1) In order to facilitate consultation and direct participation
by the supervisors' organization in the planning and development of
programs under subsection (b) of this section which affect members of
the supervisors' organization, the Postal Service shall--,
"(A) provide in writing a description of any proposed program
and the reasons for it;
"(B) give the organization at least 60 days (unless
extraordinary circumstances require earlier action) to review and
make recommendations with respect to the program; and
"(C) give any recommendation from the organization full and
fair consideration in deciding whether or how to proceed with the
program.
"(2) If the Postal Service decides to implement a program described
in paragraph (1) of this subsection, the Postal Service shall before
such implementation--,
"(A) give the supervisors' organization details of its decision
to implement the program, together with the information upon which
the decision is based;
"(B) give the organization an opportunity to make
recommendations with respect to the program; and
"(C) give such recommendations full and fair consideration,
including the providing of reasons to the organization if any of
such recommendations are rejected.
"(3) If a program described in paragraph (1) of this subsection is
implemented, the Postal Service shall--,
"(A) develop a method for the supervisors' organization to
participate in further planning and development of the program,
and
"(B) give the organization adequate access to information to
make that participation productive.
"(4) The Postal Service and the supervisors' organization may, by
agreement, adopt procedures different from those provided by this
subsection.
"(e)(1) The Postal Service shall, within 45 days of each date on
which an agreement is reached on a collective bargaining agreement
between the Postal Service and the bargaining representative recognized
under section 1203 of this title // 39 USC 1203. // which represents
the largest number of employees, make a proposal for any changes in pay
policies and schedules and fringe benefit programs for members of the
supervisors' organization which are to be in effect during the same
period as covered by such agreement.
"(2) The Postal Service and the supervisors' organization shall
strive to resolve any differences concerning the proposal described in
paragraph (1) of this subsection under the procedures provided for, or
adopted under, subsection (d) of this section.
"(3) The Postal Service shall provide its decision concerning changes
proposed under paragraph (1) of this subsection to the supervisors'
organization within 90 days following the submission of the proposal.
"(f)(1) If, notwithstanding the mutual efforts required by subsection
(e) of this section, the supervisors' organization believes that the
decision of the Postal Service is not in accordance with the provisions
of this title, the organization may, within 10 days following its
receipt of such decision, request the Federal Mediation and Conciliation
Service to convene a factfinding panel (hereinafter referred to as the
'panel') concerning such matter.
"(2) Within 15 days after receiving a request under paragraph (1) of
this subsection, the Federal Mediation and Conciliation Service shall
provide a list of 7 individuals recognized as experts in supervisory and
managerial pay policies. Each party shall designate one individual from
the list to serve on the panel. if, within 10 days after the list is
provided, either of the parties has not designated an individual from
the list, the Director of the Federal Mediation and Conciliation Service
shall make the designation. The first two individuals designated from
the list shall meet within 5 days and shall designate a third individual
from the list. The third individual shall chair the panel. If the two
individuals designated from the list are unable to designate a third
individual within 5 days after their first meeting, the Director shall
designate the third individual.
"(3)(A) The panel shall recommend standards for pay policies and
schedules and fringe benefit programs affecting the members of the
supervisors' organization for the period covered by the collective
bargaining agreement specified in subsection (e)(1) of this section.
The standards shall be consistent with the policies of this title,
including sections 1003(a) and 1004(a) of this title. // 39 USC 1003,
1004. //
"(B) The panel shall, consistent with such standards, make
appropriate recommendations concerning the differences between the
parties on such policies, schedules, and programs.
"(4) The panel shall make its recommendation no more than 30 days
after its appointment, unless the Postal Service and the supervisors'
organization agree to a longer period. The panel shall hear from the
Postal Service and the supervisors' organization in such a manner as it
shall direct. The cost of the panel shall be borne equally by the
Postal Service and the supervisors' organization.
"(5) Not more than 15 days after the panel has made its
recommendation, the Postal Service shall provide the supervisors'
organization its final decision on the matters covered by factfinding
under this subsection. The Postal Service shall give full and fair
consideration to the panel's recommendation and shall explain in writing
any differences between its final decision and the panel's
recommendation.
"(g) Not earlier than 3 years after the date of the enactment of this
subsection, and from time to time thereafter, the Postal Service or the
supervisors' organization may request, by written notice to the Federal
Mediation and Conciliation Service and to the other party, the creation
of a panel to review the effectiveness of the procedures and the other
provisions of this section and the provisions of section 1003 of this
title. // 39 USC 1003. // The panel shall be designated in accordance
with the procedure established in subsection (f)(2) of this section.
The panel shall make recommendations to the Congress for changes in this
title as it finds appropriate.
"(h) For purposes of this section--,
"(1) 'supervisors' organization' means the organization
recognized by the Postal Service under subsection (b) of this
section as representing a majority of supervisors; and
"(2) 'members of the supervisors' organization' means employees
of the Postal Service who are recognized under an agreement
between the Postal Service and the supervisors' organization as
represented by such organization.".
Approved August 8, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 234 (Comm. on Post Office and Civil Service).
SENATE REPORT No. 96 - 856 (Comm. on Governmental Affairs).
CONGRESSIONAL RECORD:
Vol. 125 (1979): July 9, 10, considered and passed House.
Vol. 126 (1980): July 25, considered and passed Senate,
amended. July 31, House concurred in Senate amendments.
PUBLIC LAW 96-325, 94 STAT, 1021, MARITIME LABOR AGREEMENTS ACT OF
1980
bargaining and related
agreements from regulation by the Federal Maritime
Commission.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1. That this Act // 46 USC 842 // may be cited as the "
Maritime Labor Agreements Act of 1980".
Sec. 2. Section 1 of the Shipping Act, 1916 (46 U.S.C. 801) is
amended by adding, at the end of that section, the following:
" The term 'maritime labor agreement' means any collective bargaining
agreement between an employer subject to this Act, or group of such
employers and a labor organization representing employees in the
maritime or stevedoring industry, or any agreement preparatory to such a
collective bargaining agreement among members of a multiemployer
bargaining group, or any agreement specifically implementing provisions
of such a collective bargaining agreement or providing for the
formation, financing, or administration of a multiemployer bargaining
group.".
Sec. 3. The first paragraph of section 15 of the Shipping Act, 1916
(46 U.S.C. 814) is amended to read as follows:
" Sec. 15. Every common carrier by water, or other person subject to
this Act, shall file immediately with the Commission a true copy, or, if
oral, a true and complete memorandum, of every agreement with another
such carrier or other person subject to this Act, or modification or
cancellation thereof, to which it may be a party or conform in whole or
in part, fixing or regulating transportation rates or fares; giving or
receiving special rates, accommodations, or other special privileges or
advantages; controlling, regulating, preventing, or destroying
competition; pooling or apportioning earnings, losses, or traffic;
allotting ports or restricting or otherwise regulating the number and
character of sailings between ports; limiting or regulating in any way
the volume or character of freight or passenger traffic to be carried;
or in any manner providing for an exclusive, preferential, or
cooperative working arrangement. The term 'agreement' in this section
includes understandings, conferences, and other arrangements, but does
not include maritime labor agreements or any provisions of such
agreements, unless such provisions provide for an assessment agreement
described in the fifth paragraph of this section.".
Sec. 4. Section 15 of the Shipping Act, 1916, as amended, // 46 USC
814. // is further amended by inserting between the fourth and fifth
paragraphs thereof, the following new paragraph:
" Assessment agreements, whether part of a collective bargaining
agreement or negotiated separately, to the extent they provide for the
funding of collectively bargained fringe benefit obligations on other
than a uniform man-hour basis, regardless of the cargo handled or type
of vessel or equipment utilized, shall be deemed approved upon filing
with the Commission. The Commission shall thereafter, upon complaint
filed within 2 years of the date of filing of the agreement, disapprove,
cancel, or modify any such agreement, or charge or assessment pursuant
thereto, that it finds, after notice and hearing, to be unjustly
discriminatory or unfair as between carriers, shippers, or ports, or to
operate to the detriment of the commerce of the United States. The
Commission shall issue its final decision in any such complaint
proceeding within 1 year of the date of filing of the complaint. To the
extent that any assessment or charge is found, in such a complaint
proceeding, to be unjustly discriminatory or unfair as between carriers,
shippers, or ports, the Commission shall remedy the unjust
discrimination or unfairness for the period of time between the filing
of the complaint and the final decision by means of assessment
adjustments. Such adjustments shall be implemented by prospective
credits or debits to future assessments or charges, except in the case
of a complainant who has ceased activities subject to the assessment or
charge, in which case reparation may be awarded. To the extent that any
provision of this paragraph conflicts with the language of section 22 or
any other section of this Act, // 46 USC 821. // or of the Intercoastal
Shipping Act, 1933, // 46 USC 848. // the provisions of this paragraph
shall control in any matter involving assessment agreements described
herein.".
Sec. 5. Section 45 of the Shipping Act, 1916 (46 U.S.C. 842), and
all references thereto, is redesignated section 46 and a new section is
added as follows:
" Sec. 45. The provisions of this Act // 46 USC 841c. // and of the
Intercoastal Shipping Act, 1933, // 46 USC 848. // shall not apply to
maritime labor agreements and all provisions of such agreements except
to the extent that such provisions provide for the funding of
collectively bargained fringe benefit obligations on other than a
uniform man-hour basis, regardless of the cargo handled or type of
vessel or equipment utilized. Notwithstanding the preceding sentence,
nothing in this section shall be construed as providing an exemption
from the provisions of this Act or of the Intercoastal Shipping Act,
1933, for any rates, charges, regulations, or practices of a common
carrier by water or other person subject to this Act which are required
to be set forth in a tariff, whether or not such rates, charges,
regulations, or practices arise out of, or are otherwise related to a
maritime labor agreement.".
Sec. 6. The changes made to existing laws by the provisions of this
Act // 46 USC 841c // shall not affect any claims for reparation, if
any, based upon conduct occurring prior to the date of enactment of this
Act or formal Commission proceedings commenced prior to the date of
enactment of this Act.
Approved August 8, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 876 (Comm. on Merchant Marine and Fisheries).
SENATE REPORT No. 96 - 854 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD, Vol. 126 (1980):
Apr. 15, considered and passed House.
July 24, considered and passed Senate, amended.
July 30, House concurred in Senate amendments.
PUBLIC LAW 96-324, 94 STAT, 1020
demarcation dividing the high seas and
inland waters.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 2 of the
Act of February 19, 1895 (28 Stat. 672), as amended (33 U.S.C. 151), is
amended to read as follows:
" Sec. 2. (a) The Secretary of the department in which the Coast
Guard is operating shall establish appropriate identifiable demarcation
lines dividing the high seas from harbors, rivers, and other inland
waters of the United States, for the purpose of determining the
applicability of special navigational rules in lieu of the International
Regulations for Preventing Collisions at Sea.
"(b) The Secretary shall also establish appropriate identifiable
lines dividing inland waters of the United States from the high seas for
the purpose of determining the applicability of each statute that refers
to this section or this section, as amended. These lines may not be
located more than twelve nautical miles seaward of the base line from
which the territorial sea is measured. These lines may differ in
position for the purposes of different statutes.
"(c) For the purposes of this section, the term ' United States'
includes the several States of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the Canal Zone, Guam,
American Samoa, the United States Virgin Islands, the Commonwealth of
the Northern Mariana Islands, the Trust Territory of the Pacific
Islands, and any other Commonwealth, territory, or possession of the
United States.".
Sec. 2. Section 10 of the Act of May 28, 1908 (35 Stat. 428), as
amended (46 U.S.C. 395), is further amended by adding a new subsection
to read as follows:
"(d) A seagoing barge means a barge which in the usual course of its
employment proceeds outside the line dividing the inland waters from the
high seas, as defined in section 2 of the Act of February 19, 1895 (28
Stat. 672), as amended (33 U.S.C. 151).".
Approved August 8, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 427 (Comm. on Merchant Marine and Fisheries).
SENATE REPORT No. 96 - 853 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD:
Vol. 125 (1979): Sept. 17, considered and passed House.
Vol. 126 (1980): July 24, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS:
Vol. 16, No. 32 (1980): Aug. 8, Presidential statement.
PUBLIC LAW 96-323, 94 STAT, 1016, NORTH ATLANTIC TREATY ORGANIZATION
MUTUAL SUPPORT ACT OF 1979
the Secretary of Defense to
enter into certain agreements to further the readiness
of the military forces of
the North Atlantic Treaty Organization.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act // 10 USC
2321 // may be cited as the " North atlantic Treaty Organization Mutual
Support Act of 1979".
Sec. 2. (a) Title 10, United States Code, is amended by inserting
after chapter 137 the following new chapter:
" Sec.
"2321. Authority to acquire logistic support, supplies, and services
for United States armed forces in Europe.
"2322. Cross-servicing agreements.
"2323. Law applicable to acquisition and cross-servicing agreements.
"2324. Methods of payment for acquisitions and transfers by the
United States.
"2325. Liquidation of accrued credits and liabilities.
"2326. Crediting of receipts.
"2327. Limitation on amounts that may be obligated or accrued by the
United States.
"2328. Inventories of supplies not to be increased.
"2329. Regulations.
"2330. Annual reports.
"2331. Definitions.
" Section 2321. // 10 USC 2321. // Authority to acquire logistic
support, supplies, and services for United States armed forces in Europe
" Subject to section 2323 of this title and subject to the
availability of appropriations, the Secretary of Defense may acquire
from the Governments of North Atlantic Treaty Organization countries and
from North Atlantic Treaty Organization subsidiary bodies logistic
support, supplies, and services for elements of the armed forces
deployed in Europe and adjacent waters.
" Section 2322. // 10 USC 2322. // Cross-servicing agreements
" Subject to section 2323 of this title and to the availability of
appropriations, and after consultation with the Secretary of State, the
Secretary of Defense may enter into agreements with the Government of
any North Atlantic Treaty Organization country and with any North
Atlantic Treaty Organization subsidiary body under which the United
States agrees to provide logistic support, supplies, and services to
military forces of such country or subsidiary body deployed in Europe
and adjacent waters in return for the reciprocal provision of logistic
support, supplies, and services by such country or subsidiary body to
elements of the armed forces deployed in Europe and adjacent waters.
" Section 2323. Law applicable to acquisition and cross-servicing
agreements
"(a) Except as provided in subsection (b), acquisition of logistic
support, supplies, and services under section 2321 of this title and
agreements entered into under section 2322 of this title shall be made
in accordance with chapter 137 of this title // 10 USC 2301 // and the
provisions of this chapter.
"(b) Sections 2207, 2304(g), 2306(a), 2306(b), 2306(e), 2306(f), and
2313 of this title, // 10 USC 2207, 2304, 2306, 2313. // section 3741
of the Revised Statutes (41 U.S.C. 22), and section 719 of the Defense
Production Act of 1950 (50 U.S.C. App. 2168) shall not apply to
acquisitions made under the authority of section 2321 of this title or
to agreements entered into under section 2322 of this title.
" Section 2324. // 10 USC 2324. // Methods of payment for
acquisitions and transfers by the United States
"(a) Logistics support, supplies, and services may be acquired or
transferred by the United States under the authority of this chapter on
a reimbursement basis or by replacement-in-kind or exchange of supplies
or services of an identical or substantially identical nature.
"(b)(1) In entering into agreements with the Government of another
North Atlantic Treaty Organization country for the acquisition or
transfer of logistic support, supplies, and services on a reimbursement
basis, the Secretary of Defense shall negotiate for adoption of the
following pricing principles for reciprocal application:
"(A) The price charged by a supplying country for logistics
support, supplies, and services specifically procured by the
supplying country from its contractors for a recipient country
shall be no less favorable than the price for identical items or
services charged by such contractors to the armed forces of the
supplying country, taking into account price differentials due to
delivery schedules, points of delivery, and other similar
considerations.
"(B) The price charged a recipient country for supplies
furnished by a supplying country from its inventory, and the price
charged a recipient country for logistics support and services
furnished by the officers, employees, or governmental agencies of
a supplying country, shall be the same as the price charged for
identical supplies, support, or services acquired by an armed
force of the supplying country from such governmental sources.
"(2) To the extent that the Secretary of Defense is unable to obtain
mutual acceptance by the other country involved of the reciprocal
pricing principles for reimbursable transactions set forth in paragraph
(1)--,
"(A) the United States may not acquire from such country any
logistic support, supply,or service not governed by such
reciprocal pricing principles unless the United States forces
commander acquiring such support, supply, or service determines
(after price analysis) that the price thereof is fair and
reasonable; and
"(B) transfers by the United States to such country under this
Act of any logistic support, supply, or service that is not
governed by such reciprocal pricing principles shall be subject to
the pricing provisions of the Arms Export Control Act (22 U.S. C.
2751 et seq.).
"(3) To the extent that indirect costs (including charges for plant
and production equipment), administrative surcharges, and contract
administration costs with respect to any North Atlantic Treaty
Organization country are not waived by operation of the reciprocal
pricing principles of paragraph (1), the Secretary of Defense may, on a
reciprocal basis, agree to waive such costs.
"(4) The pricing principles set forth in paragraph (2) and the waiver
authority provided in paragraph (3) shall also apply to agreements with
North Atlantic Treaty Organization subsidiary bodies under this chapter.
" Section 2325. // 10 USC 2325. // Liquidation of accrued credits
and liabilities
" Credits and liabilities of the United States accrued as a result of
acquisitions and transfers of logistic support, supplies, and services
under the authority of this chapter shall be liquidated not less often
than once every three months by direct payment to the entity supplying
such support, supplies, or services by the entity receiving such
support, supplies, or services.
" Section 2326. // 10 USC 2326. // Creditin of receipts
" Any receipt of the United States as a result of an agreement
entered into under this chapter shall be credited to applicable
appropriations, accounts, and funds of the Department of Defense.
" Section 2327. // 10 USC 2327. // Limitation on amounts that may be
obligated or accrued by the United States
"(a) Except during a period of active hostilities involving the North
Atlantic Treaty Organization, the total amount of reimbursable
liabilities that the United States may accrue under this chapter (before
the computation of offsetting balances) may not exceed $100,000,000 in
any fiscal year, and of such amount not more than $25,000,000 in
liabilities may be accrued for the acquisition of supplies (other than
petroleum, oils, and lubricants).
"(b) Except during a period of active hostilities involving the North
Atlantic Treaty Organization, the total amount of reimbursable credits
that the United States may accrue under this chapter (before the
computation of offsetting balances) may not exceed $100,000,000 in any
fiscal year.
" Section 2328. // 10 USC 2328. // Inventories of supplies not to be
increased
" Inventories of supplies for elements of the armed forces may not be
increased for the purpose of transferring supplies under the authority
of this Act to military forces of any North Atlantic Treaty Organization
country or any North Atlantic Treaty Organization subsidiary body.
" Section 2329. // 10 USC 2329 // Regulations
" The Secretary of Defense shall prescribe regulations to implement
this chapter and shall not later than sixty days before the effective
date of such regulations, transmit copies of such regulations to the
Congress. No agreement to make an acquisition or transfer under the
authority provided by this chapter may be entered into until such
regulations take effect.
" Section 2330. // 10 USC 2330. // Annual reports
" The Secretary of Defense shall submit to the Congress not later
than February 1 of each year a report containing--,
"(1) a description of each agreement entered into under the
authority of this chapter that was in effect during the fiscal
year preceding the fiscal year in which such report is submitted;
"(2) a report of the dollar value of each reimbursable
acquisition or transfer of logistic support, supplies, or services
by the United States (by appropriation, account, or fund) during
such fiscal year under each such agreement;
"(3) a report of nonreimbursable acquisitions and transfers of
logistic support and services by the United States (by
appropriation, accoun, and fund) during such fiscal year under
each such agreement; and
"(4) a description of each agreement entered into (or expected
to be entered into) under the authority of this chapter that is
expected t be in effect during the fiscal year in which such
report is submitted, together with a report of the estimated total
dollar value of acquisitions and transfers by the United States
(by appropriation, account, or fund) expected to be made during
such fiscal year under each such agreement.
" Section 2331. // 10 USC 2331. // Definitions
" In this chapter:
"(1) ' Logistic support, supplies, and services' means food,
billeting, transportation, petroleum, oils, lubricants, clothing,
communications services, medical services, ammunition, base
operations support (and construction incident to base operations
support), storage services, use of facilities, training services,
spare parts and components, repair and maintenance services, and
port services.
"(2) ' North Atlantic Treaty Organization subsidiary bodies'
means--,
treaty on
the Status of the North Atlantic Treaty
Organisation, National
Representatives and International Staff, signed at
Ottawa on September 20, 1951 (TIAS 2992; 5
UST 1087); and
organization
to which the Protocol on the Status of International
Military Headquarters Set Up Pursuant to the
North Atlantic
Treaty, signed at Paris on August 28, 1952
(TIAS 2978; 5
UST 870), applies.".
(b) The tables of chapters at the beginning of subtitle A, and at the
beginning of part IV of subtitle A, of title 10, United States Code, are
amended by inserting after the item relating to chapter 137 the
following new item:
"138. North Atlantic Treaty Organization Acquisition and
Cross-Servicing
Agreements..........................................2321".
Approved August 4, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT: No. 96 - 612, Pt. 1 (Comm. on Armed Services) and Pt.
2 (Comm. on Foreign Affairs).
SENATE REPORTS: No. 96 - 795 (Comm. on Armed Services) and No. 96 -
842 (Comm. on Foreign Relations).
CONGRESSIONAL RECORD:
Vol. 125 (1979): Dec. 3, considered and passed House.
Vol. 126 (1980): July 21, considered and passed Senate.
PUBLIC LAW 96-322, 94 STAT, 1002
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That chapter 21 of title
14, United States Code, // 14 USC 701 // is amended to read as follows:
" Sec.
"701. Organization.
"702. Authorized strength.
"703. Coast Guard Reserve Boards.
"704. Grades and ratings; military authority.
"705. Benefits.
"706. Temporary members of the Reserve; eligibility and
compensation.
"707. Temporary members of the Reserve; disability or death
benefits.
"708. Temporary members of the Reserve; certificate of honorable
service.
"709. Reserve student aviation pilots; reserve aviation pilots;
appointments in commissioned grade.
"710. Appointment or wartime promotion; retention of grade upon
release from active duty.
"711. Exemption from military training and draft; exclusiveness of
service.
"712. Active duty for emergency augmentation of regular forces.
"713. Enlistment of members engaged in schooling.
"720. Definitions.
"721. Applicability of this subchapter.
"722. Suspension of this subchapter in time of war or national
emergency.
"723. Effect of this subchapter on retirement and retired pay.
"724. Authorized number of officers.
"725. Precedence.
"726. Running mates.
"727. Constructive credit upon initial appointment.
"728. Promotion of Reserve officers on active duty.
"729. Promotion; recommendations of selection boards.
"730. Selection boards; appointment
"731. Placement in promotion zone; consideration for promotion.
"732. Eligibility for promotion.
"733. Recommendation for promotion of an officer.
"734. Qualifications for promotion.
"735. Promotion; acceptance; oath of office.
"736. Date of rank upon promotion; entitlement to pay.
"737. Type of promotion; temporary.
"738. Effect of removal by the President or failure of consent of
the Senate.
"739. Failure of selection for promotion.
"740. Failure of selection and removal from active status.
"741. Retention boards; removal from an active status to provide a
flow of promotion.
"742. Maximum ages for retention in an active status.
"743. Rear admiral; maximum service in grade.
"744. Appointment of a former Navy or Coast Guard officer.
"745. Grade on entry upon active duty.
"746. Recall of a retired officer; grade upo release.
" Section 701. // 14 USC 701. // Organization
" The Coast Guard Reserve is a component of the Coast Guard. It shall
be organized, administered, trained, and supplied under the direction of
the Commandant.
" Section 702. // 14 USC 702. // Authorized strength
"(a) The President shall prescribe the authorized strength of the
Coast Guard Reserve if not otherwise prescribed by law.
"(b) Subject to the authorized strength of the Coast Guard Reserve,
the Secretary shall determine, at least annually, the authorized
strength in numbers in each grade necessary to provide for mobilization
requirements. Without the consent of the member concerned, a member of
the Reserve may not be reduced in grade because of the Secretary's
determination.
" Section 703. // 14 USC 703. // Coast Guard Reserve Boards
"(a) The Secretary shall convene a Coast Guard Reserve Policy Board
at least annually to consider, recommend, and report to the Secretary on
Reserve policy matters. At least one-half of the members of the Board
shall be Reserve officers.
"(b) The Secretary may convene any other Reserve Board the Secretary
considers necessary.
" Section 704. // 14 USC 704. // Grades and ratings; military
authority
" The grades and ratings in the Reserve, including cadets but not
grades above rear admiral, are those prescribed by law or regulation for
the Coast Guard. A member of the Reserve on active duty or
inactive-duty training has the same authority, rights, and privileges in
the performance of that duty as a member of the Regular Coast Guard of
corresponding grade or rating.
" Section 705. // 14 USC 705. // Benefits
"(a) A member of the Reserve on active duty, on inactive-duty
training, or engaged in authorized travel to or from that duty, is
entitled to the same benefits as a member of the Naval Reserve of
corresponding grade, rating, and length of service. In determining
length of service for the purpose of this section, there shall be
included all service for which credit is given by law to members of the
Regular Coast Guard.
"(b) Chapter 13 of this title // 14 USC 461. // applies to a member
of the Reserve under the same conditions and limitations as it applies
to a member of the Regular Coast Guard.
"(c) A member of the Reserve who suffers sickness, disease,
disability, or death is entitled to the same benefits as prescribed by
law for a member of the Naval Reserve who suffers sickness, disease,
disability, or death under similar conditions.
"(d) A member of the Reserve on active duty or when retired for
disability is entitled to the benefits of section 253(a) of title 42. A
member of the Reserve when on active duty (other than for training) or
when retired for disability is entitled to the benefits of chapter 55 of
title 10. // USC 1071 //
"(e) A member of the Reserve, except an enlisted member retiring on
the basis of years of active service, is entitled to the same retirement
rights, benefits, and privileges as prescribed by law for a member of
the Naval Reserve, and wherever a law confers authority upon the
Secretary of the Navy, similar authority is given to the Secretary to be
exercised with respect to the Coast Guard when the Coast Guard is not
operating as a service in the Navy. An enlisted member of the Reserve
who retires on the basis of years of active service is entitled to the
same retirement rights, benefits, and privileges as prescribed by law
for an enlisted member of the Regular Coast Guard.
" Section 706. // USC 706. // Temporary members of the Reserve;
eligibility and compensation
" A citizen of the United States, its territories, or possessions who
is a member of the Auxiliary, an officer or member of the crew of a
motorboat or yacht placed at the disposal of the Coast Guard, or a
person (including a Government employee without pay other than the
compensation of that person's civilian position) who by reason of
special training and experience is considered by the Commandant to be
qualified for duty, may be enrolled by the Commandant as a temporary
member of the Reserve, for duty under conditions the Commandant may
prescribe, including part-time and intermittent active duty with or
without pay, without regard to age. The Commandant is authorized to
define the powers and duties of temporary members of the Reserve, and to
confer upon them, appropriate to their qualifications and experience,
the same grades and ratings as provided for members of the Reserve.
When performing active duty with pay as authorized by this section,
temporary members of the Reserve are entitled to receive the pay and
allowances of their rank, grade, or rating.
" Section 707. // 14 USC 707. // Temporary members of the Reserve;
disability or death benefits
"(a) If a temporary member of the Reserve is physically injured, or
dies as a result of physical injury, and the injury is incurred incident
to service while performing active duty, or engaged in authorized travel
to or from that duty, the law authorizing compensation for employees of
the United States suffering injuries while in the performance of their
duties, applies, subject to this section. That law shall be
administered by the Secretary of Labor to the same extent as if the
member was a civil employee of the United States and was injured in the
performance of that duty. For benefit computation, regardless of pay or
pay status, the member is considered to have had monthly pay of $600.
"(b) This section does not apply if the workmen's compensation law of
a State, a territory, or another jurisdiction provides coverage because
of a concurrent employment status of the temporary member. When the
temporary member or a dependent is entitled to a benefit under this
section and also to a concurrent benefit from the United States on
account of the same disability or death, the temporary member or
dependent, as appropriate, shall elect which benefit to receive.
"(c) If a claim is filed under this section with the Secretary of
Labor for benefits because of an alleged injury or death, the Secretary
of Labor shall notify the Commandant who shall direct an investigation
into the facts surrounding the alleged injury or death. The Commandant
shall then certify to the Secretary of Labor whether or not the injured
or deceased person was a temporary member of the Reserve, the person's
military status, and whether or not the injury or death was incurred
incident to military service.
"(d) A temporary member of the Reserve, who incurs a physical
disability or contracts sickness or disease while performing a duty to
which the member has been assigned by competent authority, is entitled
to the same hospital treatment afforded a member of the Regular Coast
Guard.
"(e) In administering section 8133 of title 5, for a person covered
by this section--,
"(1) the percentages applicable to payments under that section
are--,
section,
where the member died fully or currently insured under
title
II of the Social Security Act,
// 42 USC 401. //
with no additional payments for
a child or children so long as the widow or widower
remains
eligible for payments under that subsection;
section,
for one child, and 10 per centum additional for each
additional child, not to exceed a total of 75 per
centum,
where the member died fully or currently insured under
title
II of the Social Security Act; and
section,
if one parent was wholly dependent for support upon the
deceased member at the time of the member's death and
the
other was not dependent to any extent; 16 per centum to
each if both were wholly dependent; and if one was, or
both
were, partly dependent, a proportionate amount in the
discretion of the Secretary of Labor;
"(2) payments may not be made under subsection (a)(5) of that
section; and
"(3) the Secretary of Labor shall inform the Secretary of
Health and Human Services whenever a claim is filed and
eligibility for compensation is established under subsection (a)(
2) or (a)(3) of section 8133 of title 5. The Secretary of Health
and Human Services shall then certify to the Secretary of Labor
whether or not the member concerned was fully or currently insured
under title II of the Social Security Act at the time of the
member's death.
" Section 708. // 14 USC 708. // Temporary members of the Reserve;
certificate of honorable service
" In recognition of the service of temporary members of the Reserve,
the Secretary may upon request issue an appropriate certificate of
honorable service in lieu of a certificate of disenrollment issued to
any person following disenrollment under honorable conditions from
service as a temporary member. Issuance of a certificate of honorable
service to any person under this section does not entitle that person to
any rights, privileges, or benefits under any law of the United States.
" Section 709. // 14 USC 709. // Reserve student aviation pilots;
Reserve aviation pilots; appointments in commissioned grade
"(a) Under regulations prescribed by the Secretary an enlisted member
of the Reserve may be designated as a student aviation pilot.
"(b) A member who is not a qualified aviator may not be designated as
a student aviation pilot unless the member agrees in writing to serve on
active duty for a period of two years after successful completion of
flight training, unless sooner released. A student aviation pilot may
be released from active duty or discharged at any time as provided for
in the regulations prescribed by the Secretary.
"(c) A student aviation pilot who is a qualified civilian aviator may
be given a brief refresher course in flight training.
"(d) A student aviation pilot undergoing flight training is entitled
to have uniforms and equipment provided at Government expense.
"(e) Under regulations prescribed by the Secretary, a student
aviation pilot may be designated an aviation pilot upon the successful
completion of flight training.
"(f) In time of peace, an aviation pilot obligated under subsection
(b) to serve on active duty for two years may serve for an additional
period of not more than two years.
"(g) An aviation pilot may be released from active duty or discharged
at any time as provided for in the regulations prescribed by the
Secretary.
"(h) If qualified under regulations prescribed by the Secretary, an
aviation pilot may be appointed as an ensign in the Reserve.
" Section 710. // 14 USC 710. // Appointment or wartime promotion;
retention of grade upon release from active duty
"(a) A member of the Reserve on active duty, who is appointed or
promoted under section 214 or 275 of this title, // 14 USC 214, 275. //
is entitled upon release from that duty to the highest grade
satisfactorily held by reason of that appointment or promotion. The
Secretary shall determine the highest grade satisfactorily held.
"(b) Unless otherwise entitled to a higher grade, a member recalled
to active duty shall be recalled in the grade in which released under
subsection (a).
" Section 711. // 14 USC 711. // Exemption from military training
and draft; exclusiveness of service
" A member of the Reserve, other than a temporary member, is exempt
from registration and liability for military training and service under
any other law. No member of the Reserve, other than a temporary member,
may be a member of another military organization. A temporary member of
the Reserve who is a member of another military component shall, if
ordered to active duty therein, be disenrolled as a temporary member of
the Reserve.
" Section 712. // 14 USC 712. // Active duty for emergency
augmentation of regular forces
"(a) Notwithstanding any other law, and for the emergency
augmentation of the Regular Coast Guard forces during a time of serious
natural or manmade disaster, accident, or catastrophe the Secretary may,
subject to approval by the President and without the consent of the
member affected, order to active duty of not more than fourteen days in
any four-month period and not more than thirty days in any one-year
period from the Coast Guard Ready Reserve an organized training unit, a
member thereof, or a member not assigned to a unit organized to serve as
a unit.
"(b) Under the circumstances of the domestic emergency involved, a
reasonable time shall be allowed between the date when a Reserve member
ordered to active duty under this section is alerted for that duty and
the date when the member is required to enter upon that duty. Unless
the Secretary determines that the nature of the domestic emergency does
not allow it, this period shall be at least two days.
"(c) Active duty served under this section--,
"(1) satisfies on a day-for-day basis all or a part of the
annual active duty for training requirement of section 270 of
title 10;
"(2) does not satisfy any part of the active duty obligation of
a member whose statutory Reserve obligation is not already
terminated; and
"(3) entitles a member while engaged therein, or while engaged
in authorized travel to or from that duty, to all rights and
benefits, including pay and allowances and time creditable for pay
and retirement purposes, to which the member would be entitled
while performing other active duty.
" Section 713. // 14 USC 713. // Enlistment of members engaged in
schooling
" The initial period of ctive duty for training required by section
511(d) of title 10, may be divided into two successive annual periods of
not less than six weeks each, to permit the enlistment of a Reserve
member without interrupting any full-time schooling in which the member
is engaged.
" Section 720. // 14 USC 720. // Definitions
" As used in this subchapter--,
"(1) ' Reserve officer' means a commissioned officer in the
Reserve, except an officer excluded by section 721 of this title
or a commissioned warrant officer; and
"(2) 'discharged' means released from a appointment as a
Reserve officer.
" Section 721. // 14 USC 721. // Applicability of this subchapter
" This subchapter applies only to the Reserve; except that it does
not apply to a temporary member of the Reserve.
" Section 722. // 14 USC 722. // Suspension of this subchapter in
time of war or national emergency
" In time of war or national emergency declared by Congress, the
President may suspend the operation of this subchapter or any part
hereof. If this subchapter or any part hereof is suspended by the
President, prior to placing the suspended provision in operation, the
President shall by regulation, in so far as practicable, adjust the
grades of Reserve officers in the same manner as adjustments in grade
are made for Regular officers.
" Section 723. // 14 USC 723. // Effect of this subchapter on
retirement and retired pay
" Except as provided in subsection 746(b) of this title, nothing in
this subchapter authorizes the retirement of a Reserve officer or the
payment of retired, retainer, or severance pay to a Reserve officer; or
affects in any manner the law relating to the retirement of, or the
granting of retired or retainer pay or other benefits to a Reserve
officer.
" Section 724. // 14 USC 724. // Authorized number of officers
"(a) The authorized number of officers in the Reserve in an active
status is 5,000. The actual number of Reserve officers in an active
status at any time shall not exceed the authorized number unless the
Secretary determines that a greater number is necessary for planned
mobilization requirements, or unless the excess results directly from
the operation of law.
"(b) The authorized number of Reserve officers in an active status
below the grade of rear admiral shall be distributed in grade in the
following percentages, respectively: captain, 1.5; commander, 7.0;
lieutenant commander, 22.0; lieutenant, 37.0; and in the combined
grades of lieutenant (junior grade) and ensign, 32.5. When the actual
number of Reserve officers in an active status in a grade is less than
the number authorized, the difference may be applied to increase the
authorized number in a lower grade. A Reserve officer may not be
reduced in rank or grade solely because of a reduction in an authorized
number as provided for in this subsection, or because an excess results
directly from the operation of law. The authorized number of Reserve
officers in an active status not on active duty in the grade of rear
admiral is two.
" Section 725. // 14 USC 725. // Precedence
"(a) Reserve officers rank and take precedence in their respective
grades among themselves and with officers of the same grade on the
active duty promotion list and the permanent commissioned teaching staff
in accordance with their dates of rank. When Reserve officers and
officers on the active duty promotion list or the permanent commissioned
teaching staff have the same date of rank in a grade, they take
precedence as determined by the Secretary.
"(b) Notwithstanding any other law, a Reserve officer shall not lose
precedence when transferred to or from the active duty promotion list,
nor shall that officer's date of rank be changed due to the transfer.
"(c) A Reserve officer shall, when on the active duty promotion list,
be promoted in the same manner as any other officer on the active duty
promotion list regardless of the length of active duty service of the
Reserve officer.
" Section 726. // 14 USC 726. // Running mates
"(a) The Secretary shall assign a running mate to each Reserve
officer in an active status not on the active duty promotion list. The
officer initially assigned as a running mate under this section shall be
that officer on the active duty promotion list of the same grade who is
next senior in precedence to the Reserve officer concerned. An officer
who has twice failed of selection or who has been considered but has not
been recommended for continuation under section 289 of this title // 14
USC 289. // shall not be assigned as a running mate under this section.
"(b) A Reserve officer in an active status not on the active duty
promotion list shall be assigned a new running mate as follows:
"(1) If a previously assigned running mate is promoted from
below the promotion zone, is removed from the active duty
promotion list, suffers a loss of numbers, fails of selection,
fails to qualify for promotion, or declines an appointment after
being selected for promotion, the new running mate shall be that
officer on the active duty promotion list, of the same grade, who
is next senior to the previous running mate and who is, or may
become, eligible for consideration for promotion. If the previous
running mate was on a list of selectees for promotion, the new
running mate shall be that officer on the active duty promotion
list, of the same grade, who is on a list of selectees for
promotion and who is next senior to the previous running mate.
"(2) If a Reserve officer suffers a loss of numbers, the new
running mate shall be that officer on active duty promotion list
who, after the loss of numbers has been effected, is the running
mate of the Reserve officer next senior to the Reserve officer
concerned.
"(3) If a Reserve officer is considered for promotion and fails
of selection, fails to qualify for promotion, declines an
appointment after being selected for promotion, or has his or her
name removed from a list of selectees for promotion, and that
officer's running mate is promoted, the new running mate shall be
that officer on the active duty promotion list, of the same grade,
who, at the time the previous running mate was considered for
promotion, was next senior to the previous running mate, was
eligible for consideration for promotion, and whose name was not
included on a list of selectees for promotion.
"(4) In a situation not expressly covered by this subsection,
the Secretary may assign a new running mate as necessary to effect
the intent of this section that inequitable changes of precedence
do not occur.
"(c) A Reserve officer on the active duty promotion list shall, to
the extent practicable and consistent with the limitations imposed by
this section, be assigned as the running mate of all Reserve officers
junior to the officer, who are in an active status not on the active
duty promotion list, and who had a running mate in common with the
officer just prior to the time the officer was placed on the active duty
promotion list.
"(d) The Secretary may adjust, as necessary, the date of rank of a
Reserve officer not on active duty so that the date will correspond with
that of the running mate assigned to the officer in accordance with this
section. If an overpayment of pay or allowances results from adjusting
the date of rank, the overpayment is not subject to recoupment.
" Section 727. // 14 USC 727. // Constructive credit upon initial
appointment
" Under regulations prescribed by the Secretary, a person, appointed
as a Reserve officer, may be assigned a date of rank and precedence
which reflects that person's experience, education, or other
qualifications. For the purpose of this subchapter only, a person
appointed for the purpose of assignment or designation as a law
specialist in the Reserve shall be credited with a minimum of three
years service in an active status. A person holding a doctor of
philosophy, or a comparable degree, in medicine or in a science allied
to medicine as determined by the Secretary, may be credited with a
minimum of three years service in an active status if appointed for an
assignment comparable to that of an officer in the Navy Medical
Department.
" Section 728. // 14 USC 728. // Promotion of Reserve officers on
active duty
"(a) A Reserve officer on active duty, other than for training, duty
on a board, or duty of a limited or temporary nature if assigned to
active duty from an inactive duty status, shall not be eligible for
consideration for promotion under this subchapter; but shall be
considered for promotion under chapter 11 of this title. // 14 USC 211
// If promoted while serving on active duty the officer shall be
considered as having been promoted under this subchapter and shall be an
extra number in the grade to which promoted for the purpose of grade
distribution as prescribed in this subchapter. Upon release from active
duty the officer shall be included in the grade distribution authorized
by this subchapter.
"(b) Notwithstanding subsection (a) of this section, a Reserve
officer who has been selected for promotion to the next higher grade
under this subchapter at the time the officer reports for active duty,
shall be promoted to that grade under chapter 11 of this title. // 14
USC 211 //
"(c) A Reserve officer who, at the time the officer is released from
active duty, has been selected for promotion to the next higher grade
under chapter 11 of this title, shall be promoted to that grade as
though selected under this subchapter.
"(d) A failure of selection for promotion to the next higher grade
occurring under this subchapter or under chapter 11 of this title shall
count for all purposes.
" Section 729. // 14 USC 729. // Promotion; recommendations of
selection boards
"(a) Except as otherwise provided by law, a Reserve officer shall
only be promoted pursuant to the recommendation of a selection board.
"(b) The Secretary shall convene selection boards from time to time
to recommend Reserve officers for promotion to the next higher grade. A
board may be convened to consider officers in one or more grades.
"(c) A selection board shall, from among the names of those eligible
Reserve officers submitted to it, recommend for promotion to the next
higher grade:
"(1) those officers serving in the grade of lieutenant (junior
grade) or above whom it considers to be best qualified; and
"(2) those officers serving in the grade of ensign whom it
considers to be fully qualified.
"(d) Before convening a selection board to recommend Reserve officers
for promotion to a grade above lieutenant (junior grade), the Secretary
shall determine the total number of Reserve officers to be selected for
promotion to that grade. The number to be selected shall normally be
equal to the number of vacancies existing in that grade, plus the number
of vacancies anticipated over the next twelve months, minus the number
of officers on the list of selectees for that grade. The Secretary may,
however, prescribe regulations that provide for the establishment of
promotion opportunity percentages for each grade to ensure that
equitable promotion opportunities exist among successive groups of
Reserve officers being considered for promotion. The number so
determined may not cause the number of Reserve officers in an active
status in a grade to exceed that authorized for the grade concerned.
"(e) The law and regulations relating to the selection for promotion
of a commissioned officer of the Regular Coast Guard to the grade of
rear admiral apply to a Reserve officer, except that to be eligible for
consideration an officer shall have completed at least ten years
commissioned service, of which the last five years shall have been
served in the Coast Guard Reserve.
"(f) The provisions of section 260 of this title // 14 USC 260. //
apply to boards convened under this section. The Secretary shall
determine the procedure to be used by a selection board.
"(g) The report of a selection board shall be submitted to the
Secretary for review and transmission to the President for approval.
When an officer recommended by a board for promotion is not acceptable
to the President, the President may remove the name of that officer from
the report of the board.
"(h) The recommendations of a selection board, as approved by the
President, constitute a list of selectees from which the promotions of
Reserve officers shall be made. An officer on a list of selectees
remains thereon until promoted unless removed by the President under
section 738 of this title. If an existing list of selectees has not
been exhausted by the time a later list has been approved, all officers
remaining on the older list shall be tendered appointments prior to
those on the later list.
"(i) A Reserve officer whose name is on a list of selectees for
promotion shall, unless that officer's promotion is lawfully withheld,
be tendered an appointment in the next higher grade at the same time, or
as soon thereafter as practicable, as that officer's running mate is
tendered a similar appointment.
" Section 730. // 14 USC 730. // Selection boards; appointment
"(a) A selection board shall (1) be appointed and convened by the
Secretary; (2) consist of at least 50 per centum Reserve officer
membership, except in the case of a flag officer selection board where,
to the extent practicable, it shall consist of at least 50 per centum
Reserve officer membership; (3) consist only of members, Reserve or
Regular, senior in grade to any officer being considered by that board;
and (4) be composed of not less than five members, which number
constitutes a quorum.
"(b) A selection board serves for the length of time prescribed by
the Secretary, but no board may serve longer than one year. No officer
may serve on two consecutive selection boards for the same grade when
the second of those boards considers an officer who was considered, but
not recommended for promotion, by the first selection board.
"(c) Each member of a selection board shall swear that he will,
without prejudice or partiality, and having in view both the special
fitness required of officers and the efficiency of the Coast Guard,
perform the duties imposed upon him. Not less than a majority of the
total membership of a selection board shall concur in each
recommendation made by the board.
"(d) An officer eligible for consideration for promotion by a
selection board may forward, through official channels, a written
communication inviting the attention of the board to any matter in the
officer's record in the armed forces that, in the opinion of the officer
concerned, is important to the board's consideration. A communication
forwarded under this subsection shall arrive in time to allow delivery
to the board prior to its convening, and may not criticize or reflect
upon the character, conduct, or motive of any officer.
" Section 731. // 14 USC 731. // Placement in promotion zone;
consideration for promotion
" Subject to the eligibility requirements of this subchapter, a
Reserve officer shall be placed in a promotion zone when that officer's
running mate is placed in a promotion zone and shall, in accordance with
the provisions of this subchapter, be considered for promotion at
approximately the same time as that officer's running mate or as soon
thereafter as practicable.
" Section 732. // 14 USC 732. // Eligibility for promotion
" A Reserve officer is eligible for consideration for promotion and
for promotion under this subchapter, if that officer is in an active
status. A Reserve officer who has been considered but not recommended
for retention in an active status by a board convened under subsection
741(a) of this title, is not eligible for consideration for promotion.
" Section 733. // 14 USC 733. // Recommendation for promotion of an
officer previously removed from an active status
" A Reserve officer recommended for promotion by a selection board
but not promoted because of removal from an active status shall be
considered by a selection board after returning to an active status and
if selected shall be placed on a recommended list of selectees for
promotion. A Reserve officer to whom this section applies is not
considered to have failed of selection when eliminated from a list of
selectees for promotion solely as a result of being removed from an
active status.
" Section 734. // 14 USC 734. // Qualifications for promotion
"(a) A Reserve officer shall not be promoted to a higher grade unless
the officer has been found to be physically qualified and the character
of the officer's service subsequent to the convening of the selection
board which recommended the officer for promotion has been verified as
satisfactory.
"(b) Subsection (a) of this section does not exclude from promotion a
Reserve officer physically disqualified by a medical board for duty at
sea or in the field, if the disqualification results from wounds
received in the line of duty, and those wounds do not incapacitate the
officer for other duties in the grade to which the officer is to be
promoted.
" Section 735. // 14 USC 735. // Promotion; acceptance; oath of
office
"(a) A Reserve officer who has been appointed under this subchapter
is considered to have accepted the appointment unless delivery thereof
cannot be effected.
"(b) A Reserve officer who has served continuously since taking the
oath of office prescribed in section 3331 of title 5, is not required to
take a new oath of office upon appointment in a higher grade.
" Section 736. // 14 USC 736. // Date of rank upon promotion;
entitlement to pay
"(a) When a Reserve officer is promoted to the next higher grade
under this subchapter, the same date of rank shall be assigned as that
assigned to the officer's running mate. A Reserve officer so promoted
shall be allowed the pay and allowances of the higher grade for duty
performed from the date of the officer's appointment thereto.
"(b) Notwithstanding any other law and when a Reserve officer's
running mate is so entitled, a Reserve officer in the grade of rear
admiral is entitled to the pay and allowances of the upper half for duty
performed.
"(c) For the purposes of subsection (a) of this section, the date of
appointment shall be that date when promotion authority is exercised by
the Secretary.
" Section 737. // 14 USC 737. // Type of promotion; temporary
" Notwithstanding any other law, if a Reserve officer is promoted
when the officer's running mate is promoted and the promotion of the
running mate is on a temporary basis, the promotion of the Reserve
officer is also on a temporary basis. If subsequently the running mate
is reverted to a lower grade, other than for reasons of discipline,
incompetence, or at the running mate's request, the Reserve officer
shall likewise revert to the same lower grade with corresponding
precedence.
" Section 738. // 14 USC 738. // Effect of removal by the President
or failure of consent of the Senate
"(a) The President may, for cause, remove the name of any officer
from a list of selectees established under section 729 of this title.
"(b) If the Senate, where required, does not consent to the
appointment of an officer whose name is on a list of selectees
established under section 729 of this title, that officer's name shall
be removed from the list.
"(c) An officer whose name is removed from a list of selectees under
subsection (a) or (b) continues to be eligible for consideration for
promotion. If selected for promotion by the next selection board and
promoted, that officer shall be assigned the date of rank and precedence
that would have been assigned if the officer's name had not been
previously removed. However, if the officer is not selected by the next
selection board, or if the officer's name is again removed from the list
of selectees, the officer shall be considered for all purposes as having
twice failed of selection for promotion.
" Section 739. // 14 USC 739. // Failure of selection for promotion
"(a) A Reserve officer, other than one serving in the grade of
captain, who is, or is senior to, the junior officer in the promotion
zone established for the officer's grade, fails of selection if not
selected for promotion by the selection board that considered the
officer, or if having been selected for promotion by the board, the
officer's name is thereafter removed from the report of the board by the
President.
"(b) A Reserve officer is not considered to have failed of selection
if the officer was not considered by a selection board because of
administrative error. If that officer is selected by the next
appropriate selection board after the error is discovered, and is
promoted, the same date of rank and precedence shall be assigned that
would have been assigned if the officer had been recommended for
promotion by the selection board that originally would have considered
the officer but for the error.
" Section 740. // 14 USC 740. // Failure of selection and removal
from an active status
"(a) The Secretary--,
"(1) may remove from an active status a Reserve officer who has
twice failed of selection to the next higher grade; and
"(2) shall remove from an active status a Reserve officer
serving in the grade of captain who has completed thirty years of
total commissioned service and whose name is not carried on an
approved list of selectees for promotion to the grade of rear
admiral.
"(b) A Reserve officer who has twice failed of selection to the next
higher grade and who is not removed from an active status under
subsection (a)(1) of this section shall be retained for the period
prescribed by the Secretary.
"(c) Subject to section 1006 of title 10, a Reserve officer who is
removed from an active status under subsection (a) of this section shall
be given an opportunity to transfer to the Retired Reserve, if
qualified, but unless so transferred shall, in the discretion of the
Secretary, be transferred to the inactive status list or discharged as
follows:
"(1) if removed from an active status under subsection (a)(1)
of this section, on June 30 next following the approval date of
the board report by virtue of which the officer's second failure
of selection occurs; or
"(2) if removed from an active status under subsection (a)(2)
of this section, on June 30 next following the date on which the
officer completes thirty years of total commissioned service as
computed under this section.
"(d) For the purpose of this section, the total commissioned service
of an officer who has served continuously in the Reserve following
appointment in the grade of ensign shall be computed from the date on
which that appointment was accepted. A Reserve officer initially
appointed in a grade above ensign is considered to have the actual total
commissioned service performed in a grade above commissioned warrant
officer or the same total commissioned service as an officer of the
Regular Coast Guard who has served continuously from an original
appointment as ensign, who has not lost numbers or precedence, and who
is, or was, junior to the Reserve officer, whichever is greater.
" Section 741. // 14 USC 741. // Retention boards; removal from an
active status to provide a flow of promotion
"(a) Notwithstanding any other provision of this title, whenever the
Secretary determines that it is necessary to reduce the number of
Reserve officers in an active status in any grade to provide a steady
flow of promotion, or that there is an excessive number of Reserve
officers in an active status in any grade, the Secretary may appoint and
convene a retention board to consider all of the Reserve officers in
that grade in an active status not on active duty and not on an approved
list of selectees for promotion to the next higher grade. The retention
board shall select and recommend a specified number of the officers
under consideration for retention in an active status. This board
shall--,
"(1) to the extent practicable, consist of at least 50 per
centum Reserve officers;
"(2) consist only of officers who are senior in rank to any
officers being considered by that board; and
"(3) to the extent practicable, consist of officers who have
not served on the last previous retention board which considered
officers of the same grade.
"(b) Subject to section 1006 of title 10, a Reserve officer who is
not recommended for retention in an active status under this section
shall be given an opportunity to transfer to the Retired Reserve, if
qualified, but unless so transferred shall, in the discretion of the
Secretary, be transferred to the inactive status list or discharged on
June 30 next following the date on which the report of the retention
board is approved.
"(c) The provisions of section 260 of this title // 14 USC 260. //
shall, to the extent that they are not inconsistent with this
subchapter, apply to boards convened under this section.
" Section 742. // 14 USC 742. // Maximum ages for retention in an
active status
"(a) A reserve officer, if qualified, shall be transferred to the
Retired Reserve on the day the officer becomes sixty-two years of age.
"(b) Notwithstanding subsection (a) of this section, the Secretary
may authorize the retention of a Reserve rear admiral in an active
status not longer than the day on which the officer concerned becomes
sixty-four years of age.
"(c) Except as provided for in subsections (a) and (b) of this
section, a Reserve officer shall be discharged effective upon the day
the officer becomes sixty-two years of age.
" Section 743. // 14 USC 743. // Rear admiral; maximum service in
grade
" Unless retained in or removed from an active status under any other
law, a Reserve rear admiral shall be removed from an active status on
the day that officer completes four years of service in that grade.
" Section 744. // 14 USC 744. // Appointment of a former Navy or
Coast Guard officer
" A former officer of the Regular Navy or Coast Guard who applies for
a Reserve commission within one year of resigning the officer's Regular
commission, and who is appointed in the same grade previously held in
the Regular Navy or Coast Guard, shall be given the same date of rank in
that grade as that previously assigned to the officer while a member of
the Regular Navy or Coast Guard.
" Section 745. // 14 USC 745. // Grade on entry upon active duty
" A Reserve officer ordered to active duty or active duty for
training shall be ordered in the grade held; except that the Secretary
may authorize a higher grade.
" Section 746. // 14 USC 746. // Recall of a retired officer; grade
upon release
"(a) When an officer in the Retired Reserve or an officer on a
Reserve retired list is recalled to active duty, that officer shall be
recalled in a manner similar to the recall of a Regular retired officer.
"(b) An officer in the Retired Reserve or an officer on a Reserve
retired list recalled to active duty shall upon release therefrom be
advanced in the Retired Reserve or on the Reserve retired list to the
highest grade held on active duty, if: (1) appointed to a higher grade
while on that duty, and (2) the officer's performance has been
satisfactory in the higher grade.".
Sec. 2. Subsection 1006(e) of title 10, United States Code is
amended by striking out "787" in the first sentence and substituting
"740".
Approved August 4, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 1011 (Comm. on Merchant Marine and Fisheries).
CONGRESSIONAL RECORD, Vol. 126 (1980):
June 9, considered and passed House.
July 23, considered and passed Senate.
PUBLIC LAW 96-321, 94 STAT, 1001
crisis program.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) the Community
Services Administration is authorized to transfer such funds as may be
necessary from its Rural Development Loan Fund, which has been
established pursuant to section 731 of the Economic Opportunity Act //
42 USC 2984. // to its ongoing heat crisis program which program is
carried out under the authority of title II of such Act. // 42 USC 2781.
//
(b) From unexpended funds appropriated for energy crisis activities
in Public Laws 96 - 86, October 12, 1979, 96 - 123, November 12, 1979,
and 96 - 126, November 27, 1979, // 93 Stat. 656, 923. 93 Stat. 954.
// there shall be reimbursed to the Rural Development Loan Fund an
amount equal to the amount of funds transferred to the heat crisis
program.
Sec. 2. To the extent that the Community Services Administration has
awarded or will award heat crisis program funds to its grantees, and to
the extent that such funds were or will be transferred out of the
appropriations cited in section 1 of this Act, and to the extent that
the award of such funds are prohibited after June 30, 1980, such
prohibition shall not apply.
Sec. 3. To the extent that the funds described in sections 1 and 2
of this Act are available, assistance may be provided to States or areas
within States which--,
(a) have experienced extreme heat conditions for a significant
period of time according to criteria developed for the Community
Services Administration by the National Oceanic and Atmospheric
Administration; and
(b) contains significant numbers of low-income individuals
whose health is threatened due to such extended heat conditions.
Approved August 4, 1980.
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, Vol. 126 (1980):
July 30, considered and passed Senate.
July 31, considered and passed House.
PUBLIC LAW 96-320, 94 STAT, 974, OCEAN THERMAL ENERGY CONVERSION ACT
OF 1980
and protect the environment,
by establishing procedures for the location,
construction, and operation of
ocean thermal energy conversion facilities and
plantships to produce electricity
and energy-intensive products off the coasts of the
United States; to amend the
Merchant Marine Act, 1936, to make available certain
financial assistance for
construction and operation of such facilities and
plantships; and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act // 42 USC
9101 // may be cited as the " Ocean Thermal Energy Conversion Act of
1980".
SEC. 2. // 42 USC 9101. // DECLARATION OF POLICY.
(a) It is declared to be the purposes of the Congress in this Act
to--,
(1) authorize and regulate the construction, location,
ownership, and operation of ocean thermal energy conversion
facilities connected to the United States by pipeline or cable, or
located in the territorial sea of the United States consistent
with the Convention on the High Seas, and general principles of
international law;
(2) authorize and regulate the construction, location,
ownership, and operation of ocean thermal energy conversion
plantships documented under the laws of the United States,
consistent with the Convention on the High Seas and general
principles of international law;
(3) authorize and regulate the construction, location,
ownership, and operation of ocean thermal energy conversion
plantships by United States citizens, consistent with the
Convention on the High Seas and general principles of
international law;
(4) establish a legal regime which will permit and encourage
the development of ocean thermal energy conversion as a commercial
energy technology;
(5) provide for the protection of the marine and coastal
environment, and consideration of the interests of ocean users, to
prevent or minimize any adverse impact which might occur as a
consequence of the development of such ocean thermal energy
conversion facilities or plantships;
(6) make applicable certain provisions of the Merchant Marine
Act, 1936 (46 U.S.C. 1177 et seq.) to assist in financing of ocean
thermal energy conversion facilities and plantships;
(7) protect the interests of the United States in the location,
construction, and operation of ocean thermal energy conversion
facilities and plantships; and
(8) protect the rights and responsibilities of adjacent coastal
States in ensuring that Federal actions are consistent with
approved State coastal zone management programs and other
applicable State and local laws.
(b) The Congress declares that nothing in this Act shall be construed
to affect the legal status of the high seas, the superjacent airspace,
or the seabed and subsoil, including the Continental Shelf.
SEC. 3. // 42 USC 9102. // DEFINITIONS.
As used in this Act, unless the context otherwise requires, the
term--,
(1) "adjacent coastal State" means any coastal State which is
required to be designated as such by section 105(a)(1) of this Act
or is designated as such by the Administrator in accordance with
section 105(a)(2) of this Act;
(2) " Administrator" means the Administrator of the National
Oceanic and Atmospheric Administration;
(3) "antitrust laws" includes the Act of July 2, 1890, as
amended, the Act of October 15, 1914, as amended, and sections 73
and 74 of the Act of August 27, 1894, as amended;
// 15 USC 1, 12, 8, 9. //
(4) "application" means any application submitted under this
Act (A) for issuance of a license for the ownership, construction,
and operation of an ocean thermal energy conversion facility or
plantship; (B) for transfer or renewal of any such license; or
(C) for any substantial change in any of the conditions and
provisions of any such license;
(5) "coastal State" means a State in, or bordering on, the
Atlantic, Pacific, or Arctic Ocean, the Gulf of Mexico, Long
Island Sound, or one or more of the Great Lakes;
(6) "construction" means any activities conducted at sea to
supervise, inspect, actually build, or perform other functions
incidental to the building, repairing, or expanding of an ocean
thermal energy conversion facility or plantship or any of its
components, including but not limited to, piledriving, emplacement
of mooring devices, emplacement of cables and pipelines, and
deployment of the cold water pipe, and alterations, modifications,
or additions to an ocean thermal energy conversion facility or
plantship;
(7) "facility" means an ocean thermal energy conversion
facility;
(8) " Governor" means the Governor of a State or the person
designated by law to exercise the powers granted to the Governor
pursuant to this Act;
(9) "high seas" means that part of the oceans lying seaward of
the territorial sea of the United States and outside the
territorial sea, as recognized by the United States, of any other
nation;
(10) "licensee" means the holder of a valid license for the
ownership, construction, and operation of an ocean thermal energy
conversion facility or plantship that was issued, transferred, or
renewed pursuant to this Act;
(11) "ocean thermal energy conversion facility" means any
facility which is standing or moored in or beyond the territorial
sea of the United States and which is designed to use temperature
differences in ocean water to produce electricity or another form
of energy capable of being used directly to perform work, and
includes any equipment installed on such facility to use such
electricity or other form of energy to produce, process, refine,
or manufacture a product, and any cable or pipeline used to
deliver such electricity, freshwater, or product to shore, and all
other associated equipment and appurtenances of such facility, to
the extent they are located seaward of the highwater mark;
(12) "ocean thermal energy conversion plantship" means any
vessel which is designed to use temperature differences in ocean
water while floating unmoored or moving through such water, to
produce electricity or another form of energy capable of being
used directly to perform work, and includes any equipment
installed on such vessel to use such electricity or other form of
energy to produce, process, refine, or manufacture a product, and
any equipment used to transfer such product to other vessels for
transportation to users, and all other associated equipment and
appurtenances of such vessel;
(13) "plantship" means an ocean thermal energy conversion
plantship;
(14) "person" means any individual (whether or not a citizen of
the United States), any corporation, partnership, association, or
other entity organized or existing under the laws of any nation,
and any Federal, State, local or foreign government or any entity
of any such government;
(15) " State" means each of the several States, the District of
Columbia, the Commonwealth of Puerto Rico, American Samoa, the
United States Virgin Islands, Guam, the Commonwealth of the
Northern Marianas, and any other Commonwealth, territory, or
possession over which the United States has jurisdiction;
(16) "test platform" means any floating or moored platform,
barge, ship, or other vessel which is designed for limited-scale,
at sea operation in order to test or evaluate the operation of
components or all of an ocean thermal energy conversion system and
which will not operate as an ocean thermal energy conversion
facility or plantship after the conclusion of such tests or
evaluation;
(17) "thermal plume" means the area of the ocean in which a
significant difference in temperature, as defined in regulations
by the Administrator, occurs as a result of the operation of an
ocean thermal energy conversion facility or plantship; and
(18) " United States citizen" means (A) any individual who is a
citizen of the United States by law, birth, or naturalization;
(B) any Federal, State, or local government in the United States,
or any entity of any such government; or (C) any corporation,
partnership, association, or other entity, organized or existing
under the laws of the United States, or of any State, which has as
its president or other executive officer and as its chairman of
the board of directors, or holder of similar office, an individual
who is a United States citizen and which has no more of its
directors who are not United States citizens than constitute a
minority of the number required for a quorum necessary to conduct
the business of the board.
SEC. 101. // 42 USC 9111. // LICENSE FOR THE OWNERSHIP,
CONSTRUCTION, AND OPERATION OF AN OCEAN THERMAL ENERGY CONVERSION
FACILITY OR PLANTSHIP.
(a) No person may engage in the ownership, construction, or operation
of an ocean thermal energy conversion facility which is documented under
the laws of the United States, which is located in the territorial sea
of the United States, or which is connected to the United States by
pipeline or cable, except in accordance with a license issued pursuant
to this Act. No citizen of the United States may engage in the
ownership, construction or operation of an ocean thermal energy
conversion plantship except in accordance with a license issued pursuant
to this Act, or in accordance with a license issued by a foreign nation
whose licenses are found by the Administrator, after consultation with
the Secretary of State, to be compatible with licenses issued pursuant
to this Act.
(b) The Administrator shall, upon application and in accordance with
the provisions of this Act, issue, transfer, amend, or renew licenses
for the ownership, construction, and operation of--,
(1) ocean thermal energy conversion plantships documented under
the laws of the United States, and
(2) ocean thermal energy conversion facilities documented under
the laws of the United States, located in the territorial sea of
the United States, or connected to the United States by pipeline
or cable.
(c) The Administrator may issue a license to a citizen of the United
States in accordance with the provisions of this Act unless--,
(1) he determines that the applicant cannot and will not comply
with applicable laws, regulations, and license conditions;
(2) he determines that the construction and operation of the
ocean thermal energy conversion facility or plantship will not be
in the national interest and consistent with national security and
other national policy goals and objectives, including energy
self-sufficiency and environmental quality;
(3) he determines, after consultation with the Secretary of the
department in which the Coast Guard is operating, that the ocean
thermal energy conversion facility or plantship will not be
operated with reasonable regard to the freedom of navigation or
other reasonable uses of the high seas and authorized uses of the
Continental Shelf, as defined by United States law, treaty,
convention, or customary international law;
(4) he has been informed, within 45 days after the conclusion
of public hearings on that application, or on proposed licenses
for the designated application area, by the Administrator of the
Environmental Protection Agency that the ocean thermal energy
conversion facility or plantship will not conform with all
applicable provisions of any law for which he has enforcement
authority;
(5) he has received the opinion of the Attorney General,
pursuant to section 104 of this Act, stating that issuance of the
license would create a situation in violation of the antitrust
laws, or the 90-day period provided in section 104 has expired;
(6) he has consulted with the Secretary of Energy, the
Secretary of Transportation, the Secretary of State, the Secretary
of the Interior, and the Secretary of Defense, to determine their
views on the adequacy of the application, and its effect on
programs within their respective jurisdictions and determines on
the basis thereof, that the application for license is inadequate;
(7) the proposed ocean thermal energy conversion facility or
plantship will not be documented under the laws of the United
States;
(8) the applicant has not agreed to the condition that no
vessel may be used for the transportation to the United States of
things produced, processed, refined, or manufactured at the ocean
thermal energy conversion facility or plantship unless such vessel
is documented under the laws of the United States;
(9) when the license is for an ocean thermal energy conversion
facility, he determines that the facility, including any submarine
electric transmission cables and equipment or pipelines which are
components of the facility, will not be located and designed so as
to minimize interference with other uses of the high seas or the
Continental Shelf, including cables or pipelines already in
position on or in the seabed and the possibility of their repair;
(10) the Governor of each adjacent coastal State with an
approved coastal zone management program in good standing pursuant
to the Coastal Zone Management Act of 1972 (33 U.S.C. 1451 et
seq.)
// 16 USC 1451 //
determines that, in his or her view, the application is inadequate
or inconsistent with respect to programs within his or her
jurisdiction;
(11) when the license is for an ocean thermal energy conversion
facility, he determines that the thermal plume of the facility is
expected to impinge on so as to degrade the thermal gradient used
by any other ocean thermal energy conversion facility already
licensed or operating, without the consent of its owner;
(12) when the license is for an ocean thermal energy conversion
facility, he determines that the thermal plume of the facility is
expected to impinge on so as to adversely affect the territorial
sea or area of national resource jurisdiction, as recognized by
the United States, of any other nation, unless the Secretary of
State approves such impingement after consultation with such
nation;
(13) when the license is for an ocean thermal energy conversion
plantship, he determines that the applicant has not provided
adequate assurance that the plantship will be operated in such a
way as to prevent its thermal plume from impinging on so as to
degrade the thermal gradient used by any other ocean thermal
energy conversion facility or plantship without the consent of its
owner, and from impinging on so as to adversely affect the
territorial sea or area of national resource jurisdiction, as
recognized by the United States, of any other nation unless the
Secretary of State approves such impingement after consultation
with such nation; and
(14) when a regulation has been adopted which places an upper
limit on the number or total capacity of ocean thermal energy
conversion facilities or plantships to be licensed under this Act
for simultaneous operation, either overall or within specific
geographic areas, pursuant to a determination under the provisions
of section 107(b)(4) of this Act, issuance of the license will
cause such upper limit to be exceeded.
(d)(1) In issuing a license for the ownership, construction, and
operation of an ocean thermal energy conversion facility or plantship,
the Administrator shall prescribe conditions which he deems necessary to
carry out the provisions of this Act, or which are otherwise required by
any Federal department or agency pursuant to the terms of this Act.
(2) No license shall be issued, transferred, or renewed under this
Act unless the licensee or transferee first agrees in writing that (A)
there will be no substantial change from the plans, operational systems,
and methods, procedures, and safeguards set forth in his application, as
approved, without prior approval in writing from the Administrator, and
(B) he will comply with conditions the Administrator may prescribe in
accordance with the provisions of this Act.
(3) The Administrator shall establish such bonding requirements or
other assurances as he deems necessary to assure that, upon the
revocation, termination, relinquishment, or surrender of a license, the
licensee will dispose of or remove all components of the ocean thermal
energy conversion facility or plantship as directed by the
Administrator. In the case of components which another applicant or
licensee desires to use, the Administrator may waive the disposal or
removal requirements until he has reached a decision on the application.
In the case of components lying on or below the seabed, the
Administrator may waive the disposal or removal requirements if he finds
that such removal is not otherwise necessary and that the remaining
components do not constitute any threat to the environment, navigation,
fishing, or other uses of the seabed.
(e) Upon application, a license issued under this Act may be
transferred if the Administrator determines that such transfer is in the
public interest and that the transferee meets the requirements of this
Act and the prerequisites to issuance under subsection (c) of this
section.
(f) Any United States citizen who otherwise qualifies under the terms
of this Act shall be eligible to be issued a license for the ownership,
construction, and operation of an ocean thermal energy conversion
facility or plantship.
(g) Licenses issued under this Act shall be for a term of not to
exceed 25 years. Each licensee shall have a preferential right to renew
his license subject to the requirements of subsection (c) of this
section, upon such conditions and for such term, not to exceed an
additional 10 years upon each renewal, as the Administrator determines
to be reasonable and appropriate.
SEC. 102. // 42 USC. 9112. // PROCEDURE.
(a) The Administrator shall, after consultation with the Secretary of
Energy and the heads of other Federal agencies, issue regulations to
carry out the purposes and provisions of this Act, in accordance with
the provisions of section 553 of title 5, United States Code, without
regard to subsection (a) thereof. Such regulations shall pertain to,
but need not be limited to, application for issuance, transfer, renewal,
suspension, and termination of licenses. Such regulations shall provide
for full consultation and cooperation with all other interested Federal
agencies and departments and with any potentially affected coastal
State, and for consideration of the views of any interested members of
the general public. The Administrator is further authorized, consistent
with the purposes and provisions of this Act, to amend or rescind any
such regulation. The Administrator shall complete issuance of final
regulations to implement this Act within 1 year of the date of its
enactment.
(b) The Administrator, in consultation with the Secretary of the
Interior and the Secretary of the department in which the Coast Guard is
operating may, if he determines it to be necessary, prescribe
regulations consistent with the purposes of this Act, relating to those
activities in site evaluation and preconstruction testing at potential
ocean thermal energy conversion facility or plantship locations that may
(1) adversely affect the environment; (2) interfere with other
reasonable uses of the high seas or with authorized uses of the Outer
Continental Shelf; or (3) pose a threat to human health and safety. If
the Administrator prescribes regulations relating to such activities,
such activities may not be undertaken after the effective date of such
regulations except in accordance therewith.
(c) Not later than 60 days after the date of enactment of this Act,
the Secretary of Energy, the Administrator of the Environmental
Protection Agency, the Secretary of the department in which the Coast
Guard is operating, the Secretary of the Interior, the Chief of
Engineers of the United States Army Corps of Engineers, and the heads of
any other Federal departments or agencies having expertise concerning,
or jurisdiction over, any aspect of the construction or operation of
ocean thermal energy conversion facilities or plantships, shall transmit
to the Administrator written description of their expertise or statutory
responsibilities pursuant to this Act or any other Federal law.
(d)(1) Within 21 days after the receipt of an application, the
Administrator shall determine whether the application appears to contain
all of the information required by paragraph (2) of this subsection. If
the Administrator determines that such information appears to be
contained in the application, the Administrator shall, no later than 5
days after making such a determination, publish notice of the
application and a summary of the plans in the Federal Register. If the
Administrator determines that all of the required information does not
appear to be contained in the application, the Administrator shall
notify the applicant and take no further action with respect to the
application until such deficiencies have been remedied.
(2) Each application shall include such financial, technical, and
other information as the Administrator determines by regulation to be
necessary or appropriate to process the license pursuant to section 101.
(e)(1) At the time notice of an application for an ocean thermal
energy conversion facility is published pursuant to subsection (d) of
this section, the Administrator shall publish a description in the
Federal Register of an application area encompassing the site proposed
in the application for such facility and within which the thermal plume
of one ocean thermal energy conversion facility might be expected to
impinge on so as to degrade the thermal gradient used by another ocean
thermal energy conversion facility, unless the application is for a
license for an ocean thermal energy conversion facility to be located
within an application area which has already been designated.
(2) The Administrator shall accompany such publication with a call
for submission of any other applications for licenses for the ownership,
construction, and operation of an ocean thermal energy conversion
facility within the designated application area. Any person intending
to file such an application shall submit a notice of intent to file an
application to the Administrator not later than 60 days after the
publication of notice pursuant to subsection (d) of this section, and
shall submit the completed application no later than 90 days after
publication of such notice. The Administrator shall publish notice of
any such application received in accordance with subsection (d) of this
section. No application for a license for the ownership, construction,
and operation of an ocean thermal energy conversion facility within the
designated application area for which a notice of intent to file was
received after such 60-day period, or which is received after such
90-day period has elapsed, shall be considered until action has been
completed on all timely filed applications pending with respect to such
application area.
(f) An application filed with the Administrator shall constitute an
application for all Federal authorizations required for ownership,
construction, and operation of an ocean thermal energy conversion
facility or plantship, except for authorizations required by
documentation, inspection, certification, construction, and manning laws
and regulations administered by the Secretary of the department in which
the Coast Guard is operating. At the time notice of any application is
published pursuant to subsection (d) of this section, the Administrator
shall forward a copy of such application to those Federal agencies and
departments with jurisdiction over any aspect of such ownership,
construction, or operation for comment, review, or recommendation as to
conditions and for such other action as may be required by law. Each
agency or department involved shall review the application and, based
upon legal considerations within its area of responsibility, recommend
to the Administrator the approval or disapproval of the application not
later than 45 days after public hearings are concluded pursuant to
subsection (g) of this section. In any case in which an agency or
department recommends disapproval, it shall set forth in detail the
manner in which the application does not comply with any law or
regulation within its area of responsibility and shall notify the
Administrator of the manner in which the application may be amended or
the license conditioned so as to bring it into compliance with the law
or regulation involved.
(g) A license may be issued, transferred, or renewed only after
public notice, opportunity for comment, and public hearings in
accordance with this subsection. At least one such public hearing shall
be held in the District of Columbia and in any adjacent coastal State to
which a facility is proposed to be directly connected by pipeline or
electric transmission cable. Any interested person may present relevant
material at any such hearing. After the hearings required by this
subsection are concluded, if the Administrator determines that there
exist one or more specific and material factual issues which may be
resolved by a formal evidentiary hearing, at least one adjudicatory
hearing shall be held in the District of Columbia in accordance with the
provisions of section 554 of title 5, United States Code. The record
developed in any such adjudicatory hearing shall be part of the basis
for the Administrator's decision to approve or deny a license. Hearings
held pursuant to this subsection shall be consolidated insofar as
practicable with hearings held by other agencies. All public hearings
on all applications with respect to facilities for any designated
application area shall be consolidated and shall be concluded not later
than 240 days after notice of the initial application has been published
pursuant to subsection (d) of this section. All public hearings on
applications with respect to ocean thermal energy conversion plantships
shall be concluded not later than 240 days after notice of the
application has been published pursuant to subsection (d) of this
section.
(h) Each person applying for a license pursuant to this Act shall
remit to the Administrator at the time the application is filed a
nonrefundable application fee, which shall be deposited into
miscellaneous receipts of the Treasury. The amount of the fee shall be
established by regulation by the Administrator, and shall reflect the
reasonable administrative costs incurred in reviewing and processing the
application.
(i)(1) The Administrator shall approve or deny any timely filed
application with respect to a facility for a designated application area
submitted in accordance with the provision of this Act not later than 90
days after public hearings on proposed licenses for that area are
concluded pursuant to subsection (g) of this section. The Administrator
shall approve or deny an application for a license for ownership,
construction, and operation of an ocean thermal energy conversion
plantship submitted pursuant to this Act no later than 90 days after the
public hearings on that application are concluded pursuant to subsection
(g) of this section.
(2) In the event more than one application for a license for
ownership, construction, and operation of an ocean thermal energy
conversion facility is submitted pursuant to this Act for the same
designated application area, the Administrator, unless one or a specific
combination of the proposed facilities clearly best serves the national
interest, shall make decisions on license applications in the order in
which they were submitted to him.
(3) In determining whether any one or a specific combination of the
proposed ocean thermal energy conversion facilities clearly best serves
the national interest, the Administrator, in consultation with the
Secretary of Energy, shall consider the following factors:
(A) the goal of making the greatest possible use of ocean
thermal energy conversion by installing the largest capacity
practicable in each application area;
(B) the amount of net energy impact of each of the proposed
ocean thermal energy conversion facilities;
(C) the degree to which the proposed ocean thermal energy
conversion facilities will affect the environment;
(D) any significant differences between anticipated dates and
commencement of operation of the proposed ocean thermal energy
conversion facilities; and
(E) any differences in costs of construction and operation of
the proposed ocean thermal energy conversion facilities, to the
extent that such differentials may significantly affect the
ultimate cost of energy or products to the consumer.
SEC. 103. // 42 USC 9113. // PROTECTION OF SUBMARINE ELECTRIC
TRANSMISSION CABLES AND EQUIPMENT.
(a) Any person who shall willfully and wrongfully break or injure, or
attempt to break or injure, or who shall in any manner procure, counsel,
aid, abet, or be accessory to such breaking or injury, or attempt to
break or injure, any submarine electric transmission cable or equipment
being constructed or operated under a license issued pursuant to this
Act shall be guilty of a misdemeanor and, on conviction thereof, shall
be liable to imprisonment for a term not exceeding 2 years, or to a fine
not exceeding $5,000, or to both fine and imprisonment, at the
discretion of the court.
(b) Any person who by culpable negligence shall break or injure any
submarine electric transmission cable or equipment being constructed or
operated under a license issued pursuant to this Act shall be guilty of
a misdemeanor and, on conviction thereof, shall be liable to
imprisonment for a term not exceeding 3 months, or to a fine not
exceeding $500, or to both fine and imprisonment, at the discretion of
the court.
(c) The provisions of subsections (a) and (b) of this section shall
not apply to any person who, after having taken all necessary
precautions to avoid such breaking or injury, breaks or injures any
submarine electric transmission cable or equipment in an effort to save
the life or limb of himself or of any other person, or to save his own
or any other vessel.
(d) The penalties provided in subsections (a) and (b) of this section
for the breaking or injury of any submarine electric transmission cable
or equipment shall not be a bar to a suit for damages on account of such
breaking or injury.
(e) Whenever any vessel sacrifices any anchor, fishing net, or other
fishing gear to avoid injuring any submarine electric transmission cable
or equipment being constructed or operated under a license issued
pursuant to this Act, the licensee shall indemnify the owner of such
vessel for the items sacrificed: Provided, That the owner of the vessel
had taken all reasonable precautionary measures beforehand.
(f) Any licensee who causes any break in or injury to any submarine
cable or pipeline of any type shall bear the cost of the repairs.
SEC. 104. // 42 USC 9114. // ANTITRUST REVIEW.
(a) Whenever any application for issuance, transfer, or renewal of
any license is received, the Administrator shall transmit promptly to
the Attorney General a complete copy of such application. Within 90
days of the receipt of the application, the Attorney General shall
conduct such antitrust review of the application as he deems
appropriate, and submit to the Administrator any advice or
recommendations he deems advisable to avoid any action upon such
application by the Administrator which would create a situation
inconsistent with the antitrust laws. If the Attorney General fails to
file such views within the 90-day period, the Administrator shall
proceed as if such views had been received. The Administrator shall not
issue, transfer, or renew the license during the 90-day period, except
upon written confirmation by the Attorney General that he does not
intend to submit any further advice or recommendation on the application
during such period.
(b) The issuance of a license under this Act shall not be admissible
in any way as a defense to any civil or criminal action for violation of
the antitrust laws of the United States, nor shall it in any way modify
or abridge any private right of action under such laws. Nothing in this
section shall be construed to bar the Attorney General or the Federal
Trade Commission from challenging any anticompetitive situation involved
in the ownership, construction, or operation of an ocean thermal energy
conversion facility or plantship.
SEC. 105. // 42 USC 9115. // ADJACENT COASTAL STATES.
(a)(1) The Administrator, in issuing notice of application pursuant
to section 102(d) of this title, shall designate as an "adjacent coastal
State" any coastal State which (A) would be directly connected by
electric transmission cable or pipeline to an ocean thermal energy
conversion facility as proposed in an application, or (B) in whose
waters any part of such proposed ocean thermal energy conversion
facility would be located, or (C) in whose waters an ocean thermal
energy conversion plantship would be operated as proposed in an
application.
(2) The Administrator shall, upon request of a State, designate such
State as an "adjacent coastal State" if he determines that (A) there is
a risk of damage to the coastal environment of such State equal to or
greater than the risk posed to a State required to be designated as an
"adjacent coastal State" by paragraph (1) of this subsection or (B) that
the thermal plume of the proposed ocean thermal energy conversion
facility or plantship is likely to impinge on so as to degrade the
thermal gradient at possible locations for ocean thermal energy
conversion facilities which could reasonably be expected to be directly
connected by electric transmission cable or pipeline to such State.
This paragraph shall apply only with respect to requests made by a State
not later than the 14th day after the date of publication of notice of
application for a proposed ocean thermal energy conversion facility in
the Federal Register in accordance with section 102(d) of this title.
The Administrator shall make any designation required by this paragraph
not later than the 45th day after the date he receives such a request
from a State.
(b)(1) Not later than 5 days after the designation of adjacent
coastal State pursuant to this section, the Administrator shall transmit
a complete copy of the application to the Governor of such State. The
Administrator shall not issue a license without consultation with the
Governor of each adjacent coastal State which has an approved coastal
zone management program in good standing pursuant to the Coastal Zone
Management Act of 1972 (16 U.S.C. 1451 et seq.). If the Governor of such
a State has not transmitted his approval or disapproval to the
Administrator by the 45th day after public hearings on the application
is concluded pursuant to section 102(g) of this title, such approval
shall be conclusively presumed. If the Governor of such a State
notifies the Administrator that an application which the Governor would
otherwise approve pursuant to this paragraph is inconsistent in some
respect with the State's coastal zone management program, the
Administrator shall condition the license granted so as to make it
consistent with such State program.
(2) Any adjacent coastal State which does not have an approved
coastal zone management program in good standing, and any other
interested State, shall have the opportunity to make its views known to,
and to have them given full consideration by, the Administrator
regarding the location, construction, and operation of an ocean thermal
energy conversion facility or plantship.
(c) The consent of Congress is given to 2 or more States to negotiate
and enter into agreements or compacts, not in conflict with any law or
treaty of the United States, (1) to apply for a license for the
ownership, construction, and operation of an ocean thermal energy
conversion facility or plantship or for the transfer of such a license,
and (2) to establish such agencies, joint or otherwise, as are deemed
necessary or appropriate for implementing and carrying out the
provisions of any such agreement or compact. Such agreement or compact
shall be binding and obligatory upon any State or other party thereto
without further approval by the Congress.
SEC. 106. // 42 USC 9116. // DILIGENCE REQUIREMENTS.
(a) The Administrator shall promulgate regulations requiring each
licensee to pursue diligently the construction and operation of the
ocean thermal energy conversion facility or plantship to which the
license applies.
(b) If the Administrator determines that a licensee is not pursuing
diligently the construction and operation of the ocean thermal energy
conversion facility or plantship to which the license applies, or that
the project has apparently been abandoned, the Administrator shall cause
proceedings to be instituted under section 111 of this title to
terminate the license.
SEC. 107. // 42 USC 9117. // PROTECTION OF THE ENVIRONMENT.
(a) The Administrator shall initiate a program to assess the effects
on the environment of ocean thermal energy conversion facilities and
plantships. The program shall include baseline studies of locations
where ocean thermal energy conversion facilities or plantships are
likely to be sited or operated; and research; and monitoring of the
effects of ocean thermal energy conversion facilities and plantships in
actual operation. The purpose of the program shall be to assess the
environmental effects of individual ocean thermal energy facilities and
plantships, and to assess the magnitude of any cumulative environmental
effects of large numbers of ocean thermal energy facilities and
plantships.
(b) The program shall be designed to determine, among other things--,
(1) any short-term and long-term effects on the environment
which may occur as a result of the operation of ocean thermal
energy conversion facilities and plantships;
(2) the nature and magnitude of any oceanographic, atmospheric,
weather, climatic, or biological changes in the environment which
may occur as a result of deployment and operation of large numbers
of ocean thermal energy conversion facilities and plantships;
(3) the nature and magnitude of any oceanographic, biological
or other changes in the environment which may occur as a result of
the operation of electric transmission cables and equipment
located in the water column or on or in the seabed, including the
hazards of accidentally severed transmission cables; and
(4) whether the magnitude of one or more of the cumulative
environmental effects of deployment and operation of large numbers
of ocean thermal energy conversion facilities and plantships
requires that an upper limit be placed on the number or total
capacity of such facilities or plantships to be licensed under
this Act for simultaneous operation, either overall or within
specific geographic areas.
(c) Within 180 days after enactment of this Act, the Administrator
shall prepare a plan to carry out the program described in subsections
(a) and (b) of this section, including necessary funding levels for the
next 5 fiscal years, and submit the plan to the Congress.
(d) The program established by subsections (a) and (b) of this
section shall be reduced to the minimum necessary to perform baseline
studies and to analyze monitoring data, when the Administrator
determines that the program has resulted in sufficient knowledge to make
the determinations enumerated in subsection (b) of this section with an
acceptable level of confidence.
(e) The issuance of any license for ownership, construction, and
operation of an ocean thermal energy conversion facility or plantship
shall be deemed to be a major Federal action significantly affecting the
quality of the human environment for purposes of section 102(2)(C) of
the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)( C)).
For all timely applications covering proposed facilities in a single
application area, and for each application relating to a proposed
plantship, the Administrator shall, pursuant to such section 102(2)(C)
and in cooperation with other involved Federal agencies and departments,
prepare a single environmental impact statement, which shall fulfill the
requirement of all Federal agencies in carrying out their
responsibilities pursuant to this Act to prepare an environmental impact
statement. Each such draft environmental impact statement relating to
proposed facilities shall be prepared and published within 180 days
after notice of the initial application has been published pursuant to
section 102(d) of this title. Each such draft environmental impact
statement relating to a proposed plantship shall be prepared and
published within 180 days after notice of the application has been
published pursuant to section 102(d) of this title. Each final
environmental impact statement shall be published not later than 90 days
following the date on which public hearings are concluded pursuant to
section 102(g) of this title. The Administrator may extend the deadline
for publication of a specific draft or final environmental impact
statement to a later specified time for good cause shown in writing.
(f) An ocean thermal energy conversion facility or plantship licensed
under this title shall be deemed not to be a "vessel or other floating
craft" for the purposes of section 502(12)(B) of the Federal Water
Pollution Control Act of 1972 (33 U.S.C. 1362(12)(B)).
SEC. 108. MARINE ENVIRONMENTAL PROTECTION AND SAFETY OF LIFE AND
PROPERTY AT SEA.
(a) The Secretary of the department in which the Coast Guard is
operating shall, subject to recognized principles of international law,
prescribe by regulation and enforce procedures with respect to any ocean
thermal energy conversion facility or plantship licensed under this Act,
including, but not limited to, rules governing vessel movement,
procedures for transfer of materials between such a facility or
plantship and transport vessels, designation and marking of anchorage
areas, maintenance, law enforcement, and the equipment, training, and
maintenance required (1) to promote the safety of life and property at
sea, (2) to prevent pollution of the marine environment, (3) to clean up
any pollutants which may be discharged, and (4) to otherwise prevent or
minimize any adverse impact from the construction and operation of such
ocean thermal energy conversion facility or plantship.
(b) The Secretary of the department in which the Coast Guard is
operating shall issue and enforce regulations, subject to recognized
principles of international law, with respect to lights and other
warning devices, safety equipment, and other matters relating to the
promotion of safety of life and property on any ocean thermal energy
conversion facility or plantship licensed under this Act.
(c) Whenever a licensee fails to mark any component of such an ocean
thermal energy conversion facility or plantship in accordance with
applicable regulations, the Secretary of the department in which the
Coast Guard is operating shall mark such components for the protection
of navigation, and the licensee shall pay the cost of such marking.
(d)(1) Subject to recognized principles of international law and
after consultation with the Secretary of Commerce, the Secretary of the
Interior, the Secretary of State, and the Secretary of Defense, the
Secretary of the department in which the Coast Guard is operating shall
designate a zone of appropriate size around and including any ocean
thermal energy conversion facility licensed under this Act and may
designate such a zone around and including any ocean thermal energy
conversion plantship licensed under this Act for the purposes of
reorganizational safety and protection of the facility or plantship.
The Secretary of the department in which the Coast Guard is operating
shall by regulation define permitted activities within such zone
consistent with the purpose for which it was designated. The Secretary
of the department in which the Coast Guard is operating shall, not later
than 30 days after publication of notice pursuant to section 102( d) of
this title, designate such safety zone with respect to any proposed
ocean thermal energy conversion facility or plantship.
(2) In addition to any other regulations, the Secretary of the
department in which the Coast Guard is operating is authorized, in
accordance with this subsection, to establish a safety zone to be
effective during the period of construction of an ocean thermal energy
conversion facility or plantship licensed under this Act, and to issue
rules and regulations relating thereto.
(e)(1) The Secretary of the department in which the Coast Guard is
operating shall promulgate and enforce regulations specified in
paragraph (2) of this subsection and such other regulations as he deems
necessary concerning the documentation, design, construction,
alteration, equipment, maintenance, repair, inspection, certification,
and manning of ocean thermal energy conversion facilities and
plantships. In addition to other requirements prescribed under those
regulations, the Secretary of the department in which the Coast Guard is
operating may require compliance with those vessel documentation,
inspection, and manning laws which he determines to be appropriate.
(2) Within 1 year after the date of enactment of this Act, the
Secretary of the department in which the Coast Guard is operating shall
promulgate regulations under paragraph (1) of this subsection which
require that any ocean thermal energy conversion facility or
plantship--,
(A) be documented;
(B) comply with minimum standards of design, construction,
alteration, and repair; and
(C) be manned or crewed by United States citizens or aliens
lawfully admitted to the United States for permanent residence,
unless--,
States for
permanent residence, qualified and available for such
work,
or
respect to
the particular vessel, platform, or moored or standing
structure,
that application of this requirement would not be
consistent with the national interest.
(3) For the purposes of the documentation laws, for which compliance
is required under paragraph (1) of this subsection, ocean thermal energy
conversion facilities and plantships shall be deemed to be vessels and,
if documented, vessels of the United States for the purposes of the Ship
Mortgage Act, 1920 (46 U.S.C. 911 - 984).
(f) Subject to recognized principles of international law, the
Secretary of the department in which the Coast Guard is operating shall
promulgate and enforce such regulations as he deems necessary to protect
navigation in the vicinity of a vessel engaged in the installation,
repair, or maintenance of any submarine electric transmission cable or
equipment, and to govern the markings and signals used by such a vessel.
SEC. 109. // 42 USC 9119. // PREVENTION OF INTERFERENCE WITH OTHER
USES OF THE HIGH SEAS.
(a) Each license shall include such conditions as may be necessary
and appropriate to ensure that construction and operation of the ocean
thermal energy conversion facility or plantship are conducted with
reasonable regard for navigation, fishing, energy production, scientific
research, or other uses of the high seas, either by citizens of the
United States or by other nations in their exercise of the freedoms of
the high seas as recognized under the Convention of the High Seas and
the general principles of international law.
(b) The Administrator shall promulgate regulations specifying under
what conditions and in what circumstances the thermal plume of an ocean
thermal energy conversion facility or plantship licensed under this Act
will be deemed--,
(1) to impinge on so as to degrade the thermal gradient used by
another ocean thermal energy conversion facility or plantship, or
(2) to impinge on so as to adversely affect the territorial sea
or area of natural resource jurisdiction, as recognized by the
United States, of any other nation.
Such regulations shall also provide for the Administrator to mediate or
arbitrate any disputes among licensees regarding the extent to which the
thermal plume of one licensee's facility or plantship impinges on the
operation of another licensee's facility or plantship.
(3) Except in a situation involving force majeure, a licensee
of an ocean thermal energy conversion facility or plantship shall
not permit a vessel, registered in or flying the flag of a foreign
state, to call at, load or unload cargo at, or otherwise utilize
such a facility or plantship licensed under this Act unless (A)
the foreign state involved has agreed, by specific agreement with
the United States, to recognize the jurisdiction of the United
States over the vessel and its personnel, in accordance with the
provisions of this Act, while the vessel is located within the
safety zone, and (B) the vessel owner or operator has designated
an agent in the United States for receipt of service of process in
the event of any claim or legal proceeding resulting from
activities of the vessel or its personnel while located within
such a safety zone.
(c) The Secretary of the department in which the Coast Guard is
operating shall promulgate, after consultation with the Administrator,
and shall enforce, regulations governing the movement and navigation of
ocean thermal energy conversion plantships licensed under this Act to
ensure that the thermal plume of such an ocean thermal energy conversion
plantship does not unreasonably impinge on so as to degrade the thermal
gradient used by the operation of any other ocean thermal energy
conversion plantship or facility except in case of force majeure or with
the consent of owner of the other such plantship or facility, and to
ensure that the thermal plume such of an ocean thermal energy conversion
plantship does not impinge on so as to adversely affect the territorial
sea or area of national resource jurisdiction, as recognized by the
United States, of any other nation unless the Secretary of State has
approved such impingment after consultation with such nation.
SEC. 110. // 42 USC 9120. // MONITORING OF LICENSEES' ACTIVITIES.
Each license shall require the licensee--,
(1) to allow the Administrator to place appropriate Federal
officers or employees aboard the ocean thermal energy conversion
facility or plantship to which the license applies, at such times
and to such extent as the Administrator deems reasonable and
necessary to assess compliance with any condition or regulation
applicable to the license, and to report to the Administrator
whenever such officers or employees have reason to believe there
is a failure to comply;
(2) to cooperate with such officers and employees in the
performance of monitoring functions; and
(3) to monitor the environmental effects, if any, of the
operation of the ocean thermal energy conversion facility or
plantship in accordance with regulations issued by the
Administrator, and to submit such information as the Administrator
finds to be necessary and appropriate to assess environmental
impacts and to develop and evaluate mitigation methods and
possibilities.
SEC. 111. // 42 USC 9121. // SUSPENSION, REVOCATION, OR TERMINATION
OF LICENSE.
(a) Whenever a licensee fails to comply with any applicable provision
of this Act or any applicable rule, regulation, restriction, or
condition issued or imposed by the Administrator under the authority of
this Act, the Attorney General, at the request of the Administrator,
shall file an action in the appropriate United States district court
to--,
(1) suspend the license; or
(2) if such failure is knowing and continues for a period of 30
days after the Administrator mails notification of such failure by
registered letter to the licensee at his record post office
address, revoke such license.
No proceeding under this section is necessary if the license, by its
terms, provides for automatic suspension or termination upon the
occurrence of a fixed or agreed upon condition, event, or time.
(b) If the Administrator determines that immediate suspension of the
construction or operation of an ocean thermal energy conversion facility
or plantship or any component thereof is necessary to protect public
health and safety or to eliminate imminent and substantial danger to the
environment established by any treaty or convention, the Administrator
may order the licensee to cease or alter such construction or operation
pending the completion of a judicial proceeding pursuant to subsection
(a) of this section.
SEC. 112. // 42 USC 9122. // RECORDKEEPING AND PUBLIC ACCESS TO
INFORMATION.
(a) Each licensee shall establish and maintain such records, make
such reports, and provide such information as the Administrator, after
consultation with other interested Federal departments and agencies,
shall by regulation prescribe to carry out the provisions of this Act.
Each licensee shall submit such reports and shall make available such
records and information as the Administrator may request.
(b) Any information reported to or collected by the Administrator
under this Act which is exempt from disclosure pursuant to section 552(
b)(4) of title 5, United States Code (relating to trade secrets and
confidential commercial and financial information), shall not--,
(1) be publicly disclosed by the Administrator or by any other
officer or employee of the United States, unless the Administrator
has--,
protect
the public health or safety or the environment against
an
unreasonable risk of injury, and
delay
resulting from such notice would be detrimental to the
public health or safety or the environment, or
(2) be otherwise disclosed except--,
government
departments and agencies for official use,
information.
SEC. 113. // 42 USC 9123. // RELINQUISHMENT OR SURRENDER OF LICENSE.
(a) Any licensee may at any time, without penalty, surrender to the
Administrator a license issued to him, or relinquish to the
Administrator, in whole or in part, any right to conduct construction or
operation of an ocean thermal energy conversion facility or plantship,
including part or all of any right of way which may have been granted in
conjunction with such license: Provided, That such surrender or
relinquishment shall not relieve the licensee of any obligation or
liability established by this or any other Act, or of any obligation or
liability for actions taken by him prior to such surrender or
relinquishment, or during disposal or removal of any components required
to be disposed of or removed pursuant to this Act.
(b) If part or all of a right of way which is relinquished, or for
which the license is surrendered, to the Administrator pursuant to
subsection (a) of this section contains an electric transmission cable
or pipeline which is used in conjunction with another license for an
ocean thermal energy conversion facility, the Administrator shall allow
the other licensee an opportunity to add such right of way to his
license before informing the Secretary of the Interior that the right of
way has been vacated.
SEC. 114. // 42 USC 9124. // CIVIL ACTIONS.
(a) Except as provided in subsection (b) of this section, any person
having a valid legal interest which is or may be adversely affected may
commence a civil action for equitable relief on his own behalf in the
United States District Court for the District of Columbia whenever such
action constitutes a case or controversy--,
(1) against any person who is alleged to be in violation of any
provision of this Act or any regulation or condition of a license
issued pursuant to this Act; or
(2) against the Administrator where there is alleged a failure
of the Administrator to perform any act or duty under this Act
which is not discretionary.
In suits brought under this Act, the district courts of the United
States shall have jurisdiction, without regard to the amount in
controversy or the citizenship of the parties, to enforce any provision
of this Act or any regulation or term or condition of a license issued
pursuant to this Act, or to order the Administrator to perform such act
or duty, as the case may be.
(b) No civil action may be commenced--,
(1) under subsection (a)(1) of this section--,
notice of
the violation to the Administrator and to any alleged
violator;
or
criminal
action with respect to such matters in a court of the
Unitd
States, but in any such action any person may
intervene as a
matter of right; or
(2) under subsection (a)(2) of this section prior to 60 days
after the plaintiff has given notice of such action to the
Administrator.
Notice under this subsection shall be given in such a manner as the
Administrator shall prescribe by regulation.
(c) In any action under this section, the Administrator or the
Attorney General, if not a party, may intervene as a matter of right.
(d) The court, in issuing any final order in any action brought
pursuant to subsection (a) of this section, may award costs of
litigation (including reasonable attorney and expert witness fees) to
any party whenever the court determines that such an award is
appropriate.
(e) Nothing in this section shall restrict any right which any person
or class of persons may have under any statute or common law to seek
enforcement or to seek any other relief.
SEC. 115. // 42 USC 9125. // JUDICIAL REVIEW.
Any person suffering legal wrong, or who is adversely affected or
aggrieved by the Administrator's decision to issue, transfer, modify,
renew, suspend, or terminate a license may, not later than 60 days after
such decision is made, seek judicial review of such decision in the
United States Court of Appeals for the District of Columbia. A person
shall be deemed to be aggrieved by the Administrator's decision within
the meaning of this Act if he--,
(1) has participated in the administrative proceedings before
the Administrator (or if he did not so participate, he can show
that his failure to do so was caused by the Administrator's
failure to provide the required notice); and
(2) is adversely affected by the Administrator's action.
SEC. 116. // 42 USC 9126. // TEST PLATFORMS AND COMMERCIAL
DEMONSTRATION OCEAN THERMAL ENERGY CONVERSION FACILITY OR PLANTSHIP.
(a) The provisions of this title shall not apply to any test platform
which will not operate as an ocean thermal energy conversion facility or
platform after conclusion of the testing period.
(b) The provisions of this title shall not apply to ownership,
construction, or operation of any ocean thermal energy conversion
facility or plantship which the Secretary of Energy has designated in
writing as a demonstration project for the development of alternative
energy sources for the United States which is conducted by, participated
in, or approved by the Department of Energy. The Secretary of Energy,
after consultation with the Administrator, shall require such
demonstration projects to abide by as many of the substantive
requirements of this title as he deems to be practicable without
damaging the nature of or unduly delaying such projects.
SEC. 117. // 42 USC 9127. // PERIODIC REVIEW AND REVISION OF
REGULATIONS.
The Administrator and the Secretary of the department in which the
Coast Guard is operating shall periodically, at intervals of not more
than every 3 years, and in consultation with the Secretary of Energy,
review any regulations promulgated pursuant to the provisions of this
title to determine the status and impact of such regulations on the
continued development, evolution, and commercialization of ocean thermal
energy conversion technology. The results of each such review shall be
included in the next annual report required by section 405. The
Administrator and such Secretary are authorized and directed to
promulgate any revisions to the then effective regulations as are deemed
necessary and appropriate based on such review, to ensure that any
regulations promulgated pursuant to the provisions of this title do not
impede such development, evolution, and commercialization of such
technology. Additionally, the Secretary of Energy is authorized to
propose, based on such review, such revisions for the same purpose. The
Administrator or such Secretary, as appropriate, shall have exclusive
jurisdiction with respect to any such proposal by the Secretary of
Energy and, pursuant to applicable procedures, shall consider and take
final action on any such proposal in an expeditious manner. Such
consideration shall include at least one informal hearing pursuant to
the procedures in section 553 of title 5, United States Code.
SEC. 201. // 42 USC 9141. // DETERMINATIONS UNDER THE MERCHANT
MARINE ACT, 1936.
(a)(1) For the purposes of section 607 of the Merchant Marine Act,
1936 (46 U.S.C. 1177), any ocean thermal energy conversion facility or
plantship licensed pursuant to this Act, and any vessel providing
shipping service to or from such an ocean thermal energy conversion
facility or plantship, shall be deemed to be a vessel operated in the
foreign commerce of the United States.
(2) The provisions of paragraph (1) of this subsection shall apply
for taxable years beginning after December 31, 1981.
(b) For the purposes of the Merchant Marine Act, 1936 (46 U.S.C.
1177 et seq.) any vessel documented under the laws of the United States
and used in providing shipping service to or from any ocean thermal
energy conversion facility or plantship licensed pursuant to the
provisions of this Act shall be deemed to be used in, and used in an
essential service in, the foreign commerce or foreign trade of the
United States, as defined in section 905(a) of the Merchant Marine Act,
1936 (46 U.S.C. 1244(a)).
SEC. 202. AMENDMENTS TO TITLE XI OF THE MERCHANT MARINE ACT, 1936.
(a) Section 1101 of the Merchant Marine Act, 1936 (46 U.S.C. 1271),
is amended--,
(1) in subsection (b) by striking "and" immediately before
"dredges" and inserting in lieu thereof a comma, and by inserting
immediately after "dredges" the following: "and ocean thermal
energy conversion facilities or plantships",
(2) in subsection (g) by striking "and" after the semicolon,
(3) in subsection (h) by striking "equipping" and inserting in
lieu thereof "equipping and", and
(4) by adding at the end thereof a new subsection (i) to read
as follows:
"(i) The term 'ocean thermal energy conversion facility or plantship'
means any at-sea facility or vessel, whether mobile, floating unmoored,
moored, or standing on the seabed, which uses temperature differences in
ocean water to produce electricity or another form of energy capable of
being used directly to perform work, and includes any equipment
installed on such facility or vessel to use such electricity or other
form of energy to produce, process, refine, or manufacture a product,
and any cable or pipeline used to deliver such electricity, freshwater,
or product to shore, and all other associated equipment and
appurtenances of such facility or vessel, to the extent they are located
seaward of the highwater mark.".
(b) Section 1104(a)(1) of the Merchant Marine Act, 1936 (46 U.S.C.
1274(a)(1)), is amended by striking "or (E)" and inserting in lieu
thereof "(E) as an ocean thermal energy conversion facility or
plantship; or (F)".
(c) Section 1104(b)(2) of the Merchant Marine Act, 1936 (46 U.S.C.
1274(b)(2)), is amended by striking "vessel;" and inserting in lieu
thereof "vessel: Provided further, That in the case of an ocean thermal
energy conversion facility or plantship which is constructed without the
aid of construction-differential subsidy, such obligations may be in an
aggregate principal amount which does not exceed 87 1/2 percent of the
actual cost or depreciated actual cost of the facility or plantship;".
SEC. 203. OTEC DEMONSTRATION FUND.
(a) Title XI of the Merchant Marine Act, 1936 (46 U.S.C. 1271 -
1279b) is further amended by adding at the end thereof a new section
1110 to read as follows:
" Sec. 1110. (a) Pursuant to the authority granted under section
1103(a) of this title, // 46 USC 1279c. 46 USC 1273. // the Secretary
of Commerce, upon such terms as he shall prescribe, may guarantee or
make a commitment to guarantee, payment of the principal of and interest
on an obligation which aids in financing, including reimbursement of an
obligor for expenditures previously made for, construction,
reconstruction, or reconditioning of a commercial demonstration ocean
thermal energy conversion facility or plantship owned by citizens of the
United States. Guarantees or commitments to guarantee under this
subsection shall be subject to all the provisos, requirements,
regulations, and procedures which apply to guarantees or commitments to
guarantee made pursuant to section 1104(a)(1) of this title, // 46 USC
1274. // except that--,
"(1) no guarantees or commitments to guarantee may be made by
the Secretary of Commerce under this subsection before October 1,
1981;
"(2) the provisions of subsection (d) of section 1104 of this
title shall apply to guarantees or commitments to guarantee for
that portion of a commercial demonstration ocean thermal energy
conversion facility or plantship not to be supported with
appropriated Federal funds;
"(3) guarantees or commitments to guarantee made pursuant to
this section may be in an aggregate principal amount which does
not exceed 87 1/2 percent of the actual cost or depreciated actual
cost of the commercial demonstration ocean thermal energy
conversion facility or plantship: Provided, That, if the
commercial demonstration ocean thermal energy conversion facility
or plantship is supported with appropriated Federal funds, such
guarantees or commitments to guarantee may not exceed 87 1/2
percent of the aggregate principal amount of that portion of the
actual cost or depreciated actual cost for which the obligor has
an obligation to secure financing in accordance with the terms of
the agreement between the obligor and the Department of Energy or
other Federal agency; and
"(4) the provisions of this section may be used to guarantee
obligations for a total of not more than 5 separate commercial
demonstration ocean thermal energy conversion facilities and
plantships or a demonstrated 400 megawatt capacity, whichever
comes first.
"(b) A guarantee or commitment to guarantee shall not be made under
this section unless the Secretary of Energy, in consultation with the
Secretary of Commerce, certifies to the Secretary of Commerce that, for
the ocean thermal energy conversion facility or plantship for which the
guarantee or commitment to guarantee is sought, there is sufficient
guarantee of performance and payment to lower the risk to the Federal
Government to a level which is reasonable. The Secretary of Energy must
base his considerations on the following: (1) the successful
demonstration of the technology to be used in such facility at a scale
sufficient to establish the likelihood of technical and economic
viability in the proposed market; and (2) the need of the United States
to develop new and renewable sources of energy and the benefits to be
realized from the construction and successful operation of such facility
or plantship.
"(c) A special subaccount in the Federal Ship Financing Fund, to be
known as the OTEC Demonstration Fund, shall be established on October 1,
1981. The OTEC Demonstration Fund shall be used for obligation
guarantees authorized under this section which do not qualify under
other sections of this title. Except as specified otherwise in this
section, the operation of the OTEC Demonstration Fund shall be identical
with that of the parent Federal Ship Financing Fund: // 46 USC 1274.
// except that, notwithstanding the provisions of section 1104(g), (1)
all moneys received by the Secretary pursuant to sections 1101 through
1107 of this title // 46 USC 1271 - 1279. // with respect to guarantees
or commitments to guarantee made pursuant to this section shall be
deposited only in the OTEC Demonstration Fund, and (2) whenever there
shall be outstanding any notes or other obligations issued by the
Secretary of Commerce pursuant to section 1105(d) of this title // 46
USC 1275. // with respect to the OTEC Demonstration Fund, all moneys
received by the Secretary of Commerce pursuant to sections 1101 through
1107 of this title // 46 USC 1271 - 1279. // with respect to ocean
thermal energy conversional facilities or plantships shall be deposited
in the OTEC Demonstration Fund. Assets in the OTEC Demonstration Fund
may at any time be transferred to the parent fund whenever and to the
extent that the balance thereof exceeds the total guarantees or
commitments to guarantee made pursuant to this section then outstanding,
plus any notes or other obligations issued by the Secretary of Commerce
pursuant to section 1105(d) of this title with respect to the OTEC
Demonstration Fund. The Federal Ship Financing Fund shall not be liable
for any guarantees or commitments to guarantee issued pursuant to this
section. The aggregate unpaid principal amount of the obligations
guaranteed with the backing of the OTEC Demonstration Fund and
outstanding at any one time shall not exceed $2,000,000,000.
"(d) The provisions of section 1105(d) of this title // 46 USC 1275.
// shall apply specifically to the OTEC Demonstration Fund as well as to
the Fund: Provided, however, That any notes or obligations issued by
the Secretary of Commerce pursuant to section 1105(d) of this title with
respect to the OTEC Demonstration Fund shall be payable solely from
proceeds realized by the OTEC Demonstration Fund.
"(e) The interest on any obligation guaranteed under this section
shall be included in gross income for purposes of chapter 1 of the
Internal Revenue Code of 1954.". // 26 USC 1 //
(b)(1) Section 1103(f) of the Merchant Marine Act, 1936 (46 U.S.C.
1273(f)) is amended by striking out "$10,000,000,000." and inserting in
lieu thereof "$12,000,000,000, of which $2,000,000,000 shall be limited
to obligations pertaining to commercial demonstration ocean thermal
energy conversion facilities or plantships guaranteed pursuant to
section 1110 of this title.".
(2) The amendment made by paragraph (1) of this subsection // 46 USC
1273 // shall take effect October 1, 1981.
SEC. 301. // 42 USC 9151. // PROHIBITED ACTS.
It is unlawful for any person who is a United States citizen or
national, or a foreign national on board an ocean thermal energy
conversion facility or plantship or other vessel documented or numbered
under the laws of the United States, or who is subject to the
jurisdiction of the United States by an international agreement to which
the United States is a party--,
(1) to violate any provision of this Act, or any rule,
regulation, or order issued pursuant to this Act, or any term or
condition of any license issued to such person pursuant to this
Act;
(2) to refuse to permit any Federal officer or employee
authorized to monitor or enforce the provisions of sections 110
and 303 of this Act to board an ocean thermal energy conversion
facility or plantship or any vessel documented or numbered under
the laws of the United States, for purposes of conducting any
search or inspection in connection with the monitoring or
enforcement of this Act or any rule, regulation, order, term, or
condition referred to in paragraph (1) of this section;
(3) to forcibly assault, resist, oppose, impede, intimidate, or
interfere with any such authorized officer or employee in the
conduct of any search or inspection described in paragraph (2) of
this section;
(4) to resist a lawful arrest for any act prohibited by this
section; or
(5) to interfere with, delay, or prevent, by any means, the
apprehension or arrest of another person subject to this section
knowing that the other person has committed any act prohibited by
this section.
SEC. 302. // 42 USC 9152. // REMEDIES AND PENALTIES.
(a)(1) The Administrator or his delegate shall have the authority to
issue and enforce orders during proceedings brought under this Act.
Such authority shall include the authority to issue subpenas, administer
oaths, compel the attendance and testimony of witnesses and the
production of books, papers, documents, and other evidence, to take
depositions before any designated individual competent to administer
oaths, and to examine witnesses.
(2) Whenever on the basis of any information available to him the
Administrator finds that any person subject to section 301 of this title
is in violation of any provision of this Act or any rule, regulation,
order, license, or term or condition thereof, or other requirements
under this Act, he may issue an order requiring such person to comply
with such provision or requirement, or bring a civil action in
accordance with subsection (b) of this section.
(3) Any compliance order issued under this subsection shall state
with reasonable specificity the nature of the violation and a time for
compliance, not to exceed 30 days, which the Administrator determines is
reasonable, taking into account the seriousness of the violation and any
good faith efforts to comply with applicable requirements.
(b)(1) Upon a request by the Administrator, the Attorney General
shall commence a civil action for appropriate relief, including a
permanent or temporary injunction, any violation for which the
Administrator is authorized to issue a compliance order under subsection
(a)(2) of this section.
(2) Upon a request by the Administrator, the Attorney General shall
bring an action in an appropriate district court of the United States
for equitable relief to redress a violation, by any person subject to
section 301 of this title, of any provision of this Act, any regulation
issued pursuant to this Act, or any license condition.
(c)(1) Any person who is found by the Administrator, after notice and
an opportunity for a hearing in accordance with section 554 of title 5,
United States Code, to have committed an act prohibited by section 301
of this title shall be liable to the United States for a civil penalty,
not to exceed $25,000 for each violation. Each day of a continuing
violation shall constitute a separate violation. The amount of such
civil penalty shall be assessed by the Administrator, or his designee,
by written notice. In determining the amount of such penalty, the
Administrator shall take into account the nature, circumstances, extent
and gravity of the prohibited acts committed and, with respect to the
violator, the degree of culpability, any history of prior offenses,
ability to pay, and such other matters as justice may require.
(2) Any person against whom a civil penalty is assessed under
paragraph (1) of this subsection may obtain a review thereof in the
appropriate court of the United States by filing a notice of appeal in
such court within 30 days from the date of such order and by
simultaneously sending a copy of such notice by certified mail to the
Administrator. The Administrator 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. The findings and order of the Administrator shall be set aside by
such court if they are not found to be supported by substantial
evidence, as provided in section 706(2) of title 5, United States Code.
(3) If any person subject to section 301 fails to pay an assessment
of a civil penalty against him after it has become final, or after the
appropriate court has entered final judgment in favor of the
Administrator, the Administrator shall refer the matter to the Attorney
General of the United States, who shall recover the amount assessed in
any appropriate court of the United States. In such action, the
validity and appropriateness of the final order imposing the civil
penalty shall not be subject to review.
(4) The Administrator may compromise, modify, or remit, with or
without conditions, any civil penalty which is subject to imposition or
which has been imposed under this subsection.
(d)(1) Any person subject to section 301 of this title is guilty of
an offense if he willfully commits any act prohibited by such section.
(2) Any offense, other than an offense for which the punishment is
prescribed by section 103 of this Act, is punishable by a fine of not
more than $75,000 for each day during which the violation continues.
Any offense described in paragraphs (2), (3), (4), and (5) of section
301 is punishable by the fine or imprisonment for not more than 6
months, or both. If, in the commission of any offense, the person
subject to section 301 uses a dangerous weapon, engages in conduct that
causes bodily injury to any Federal officer or employee, or places any
Federal officer or employee in fear of imminent bodily injury, the
offense is punishable by a fine of not more than $100,000 or
imprisonment for not more than 10 years, or both.
(e) Any ocean thermal energy conversion facility or plantship
licensed pursuant to this Act and any other vessel documented or
numbered under the laws of the United States, except a public vessel
engaged in noncommercial activities, used in any violation of this Act
or of any rule, regulation, order, license, or term or condition
thereof, or other requirements of this Act, shall be liable in rem for
any civil penalty assessed or criminal fine imposed and may be proceeded
against in any district court of the United States having jurisdiction
thereof, whenever it shall appear that one or more of the owners, or
bareboat charterers, was at the time of the violation a consenting party
or privy to such violation.
SEC. 303. // 42 USC 9153. // ENFORCEMENT.
(a) Except where a specific section of this Act designates
enforcement responsibility, the provisions of this Act shall be enforced
by the Administrator. The Secretary of the department in which the
Coast Guard is operating shall have exclusive responsibility for
enforcement measures which affect the safety of life and property at
sea, shall exercise such other enforcement responsibilities with respect
to vessels subject to the provisions of this Act as are authorized under
other provisions of law, and may, upon the specific request of the
Administrator, assist the Administrator in the enforcement of any
provision of this Act. The Administrator and the Secretary of the
department in which the Coast Guard is operating may, by agreement, on a
reimbursable basis or otherwise, utilize the personnel, services,
equipment, including aircraft and vessels, and facilities of any other
Federal agency or department, and may authorize officers or employees of
other departments or agencies to provide assistance as necessary in
carrying out subsection (b) of this section. The Administrator and the
Secretary of the department in which the Coast Guard is operating may
issue regulations jointly or severally as may be necessary and
appropriate to carry out their duties under this section.
(b) To enforce the provisions of this Act on board any ocean thermal
energy conversion facility or plantship or other vessel subject to the
provisions of this Act, any officer who is authorized by the
Administrator or the Secretary of the department in which the Coast
Guard is operating may--,
(1) board and inspect any vessel which is subject to the
provisions of this Act;
(2) search the vessel if the officer has reasonable cause to
believe that the vessel has been used or employed in the violation
of any provision of this Act;
(3) arrest any person subject to section 301 of this title if
the officer has reasonable cause to believe that the person has
committed a criminal act prohibited by sections 301 and 302(d) of
this title;
(4) seize the vessel together with its gear, furniture,
appurtenances, stores, and cargo, used or employed in, or with
respect to which it reasonably appears that such vessel was used
or employed in, the violation of any provision of this Act if such
seizure is necessary to prevent evasion of the enforcement of this
Act;
(5) seize any evidence related to any violation of any
provision of this Act;
(6) execute any warrant or other process issued by any court of
competent jurisdiction; and
(7) exercise any other lawful authority.
(c) Except as otherwise specified in section 115 of this Act, the
district courts of the United States shall have exclusive original
jurisdiction over any case or controversy arising under the provisions
of this Act. Except as otherwise specified in this Act, venue shall lie
in any district wherein, or nearest to which, the cause of action arose,
or wherein any defendant resides, may be found, or has his principal
office. In the case of Guam, and any Commonwealth, territory, or
possession of the United States in the Pacific Ocean, the appropriate
court is the United States District Court for the District of Guam,
except that in the case of American Samoa, the appropriate court is the
United States District Court for the District of Hawaii. Any such court
may, at any time--,
(1) enter restraining orders or prohibitions;
(2) issue warrants, process in rem, or other process;
(3) prescribe and accept satisfactory bonds or other security;
and
(4) take such other actions as are in the interest of justice.
(d) For the purposes of this section, the term "vessel" includes an
ocean thermal energy conversion facility or plantship, and the term
"provisions of this Act" or "provision of this Act" includes any rule,
regulation, or order issued pursuant to this Act and any term or
condition of any license issued pursuant to this Act.
SEC. 401. // 42 USC 9161. // EFFECT OF LAW OF THE SEA TREATY.
If the United States ratifies a treaty, which includes provisions
with respect to jurisdiction over ocean thermal energy conversion
activities, resulting from any United Nations Conference on the Law of
the Sea, the Administrator, after consultation with the Secretary of
State, shall promulgate any amendment to the regulations promulgated
under this Act which is necessary and appropriate to conform such
regulations to the provisions of such treaty, in anticipation of the
date when such treaty shall come into force and effect for, or otherwise
be applicable to, the United States.
SEC. 402. // 42 USC 9162. // INTERNATIONAL NEGOTIATIONS.
The Secretary of State, in cooperation with the Administrator and the
Secretary of the department in which the Coast Guard is operating, shall
seek effective international action and cooperation in support of the
policy and purposes of this Act and may initiate and conduct
negotiations for the purpose of entering into international agreements
designed to guarantee noninterference of ocean thermal energy conversion
facilities and plantships with the thermal gradients used by other such
facilities and plantships, to assure protection of such facilities and
plantships and of navigational safety in the vicinity thereof, and to
resolve such other matters relating to ocean thermal energy conversion
facilities and plantships as need to be resolved in international
agreements.
SEC. 403. // 42 USC 9163. // RELATIONSHIP TO OTHER LAWS.
(a)(1) The Constitution, laws, and treaties of the United States
shall apply to an ocean thermal energy conversion facility or plantship
licensed under this Act and to activities connected, associated, or
potentially interfering with the use or operation of any such facility
or plantship, in the same manner as if such facility or plantship were
an area of exclusive Federal jurisdiction located within a State.
Nothing in this Act shall be construed to relieve, exempt, or immunize
any person from any other requirement imposed by Federal law,
regulation, or treaty.
(2) Ocean thermal energy conversion facilities and plantships
licensed under this Act do not possess the status of islands and have no
territorial seas of their own.
(b)(1) Except as may otherwise be provided by this Act, nothing in
this Act shall in any way alter the responsibilities and authorities of
a State or the United States within the territorial seas of the United
States.
(2) The law of the nearest adjacent coastal State to which an ocean
thermal energy conversion facility located beyond the territorial sea
and licensed under this Act is connected by electric transmission cable
or pipeline, now in effect or hereafter adopted, amended, or repealed,
is declared to be the law of the United States, and shall apply to such
facility, to the extent applicable and not inconsistent with any
provision or regulation under this Act or other Federal laws and
regulations now in effect or hereafter adopted, amended, or repealed:
Provided, however, That the application of State taxation laws is not
extended hereby outside the seaward boundary of any State. All such
applicable laws shall be administered and enforced by the appropriate
officers and courts of the United States outside the seaward boundary of
any State.
(c)(1) For the purposes of the customs laws administered by the
Secretary of the Treasury, ocean thermal energy conversion facilities
and plantships documented under the laws of the United States and
licensed under this Act shall be deemed to be vessels.
(2) Except insofar as they apply to vessels documented under the laws
of the United States, the customs laws administered by the Secretary of
the Treasury shall not apply to any ocean thermal energy conversion
facility or plantship licensed under the provisions of this Act, but all
foreign articles to be used in the construction of any such facility or
plantship, including any component thereof, shall first be made subject
to all applicable duties and taxes which would be imposed upon or by
reason of their importation if they were imported for consumption in the
United States. Duties and taxes shall be paid thereon in accordance
with laws applicable to merchandise imported into the customs territory
of the United States.
SEC. 404. // 42 USC 9164. // SUBMARINE ELECTRIC TRANSMISSION CABLE
AND EQUIPMENT SAFETY.
(a) The Secretary of Energy, in cooperation with other interested
Federal agencies and departments, shall establish and enforce such
standards and regulations as may be necessary to assure the safe
construction and operation of submarine electric transmission cables and
equipment subject to the jurisdiction of the United States. Such
standards and regulations shall include, but not be limited to,
requirements for the use of the safest and best available technology for
submarine electric transmission cable shielding, and for the use of
automatic switches to shut off electric current in the event of a break
in such a cable.
(b) The Secretary of Energy, in cooperation with other interested
Federal agencies and departments, is authorized and directed to report
to the Congress within 60 days after the date of enactment of this Act
on appropriations and staffing needed to monitor submarine electric
transmission cables and equipment subject to the jurisdiction of the
United States so as to assure that they meet all applicable standards
for construction, operation, and maintenance.
SEC. 405. // 42 USC 9165. // ANNUAL REPORT.
Within 6 months after the end of each of the first 3 fiscal years
after the date of enactment of this Act, the Administrator shall submit
to the President of the Senate and the Speaker of the House of
Representatives a report on the administration of this Act during such
fiscal year. Such report shall include, with respect to the fiscal year
covered by the report--,
(1) a description of progress in implementing this Act;
(2) a list of all licenses issued, suspended, revoked,
relinquished, surrendered, terminated, renewed, or transferred;
denials of issuance of licenses; and required suspensions and
modifications of activities under licenses;
(3) a description of ocean thermal energy conversion activities
undertaken pursuant to licenses;
(4) the number and description of all civil and criminal
proceedings instituted under title III of this Act, and the
current status of such proceedings; and
(5) such recommendations as the Administrator deems appropriate
for amending this Act.
SEC. 406. // 42 USC 9166. // AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of Commerce,
for the use of the Administrator in carrying out the provisions of this
Act, not to exceed $3,000,000 for the fiscal year ending September 30,
1981, not to exceed $3,500,000 for the fiscal year ending September 30,
1982, and not to exceed $3,500,000 for the fiscal year ending September
30, 1983.
SEC. 407. // 42 USC 9167. // SEVERABILITY.
If any provision of this Act or any application thereof is held
invalid, the validity of the remainder of the Act, or any other
application, shall not be affected thereby.
Approved August 3, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 994 accompanying H.R. 6154 (Comm. on Merchant
Marine and Fisheries).
SENATE REPORT No. 96 - 721 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD, Vol. 126 (1980):
July 2, considered and passed Senate.
July 21, H.R. 6154 considered and passed House; passage
vacated and S. 2492 passed in lieu.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 16, No. 32:
Aug. 4, Presidential statement.
PUBLIC LAW 96-319, 94 STAT, 972
Pima-Maricopa Indian Community
judgment funds awarded in dockets 236-A, 236-B,
and 236-E before the Indian
Claims Commission and the United States Court of
Claims, 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 funds appropriated on May 4, 1977 (91 Stat.
61), in satisfaction of the judgment granted to the Gila River
Pima-Maricopa Indian Community in dockets 236-A and 236-B before the
Indian Claims Commission and on April 23, 1979, in docket 236-E before
the United States Court of Claims, less attorney fees and litigation
expenses, and including all interest and investment income accrued,
shall be used and distributed as provided herein.
Sec. 2. (a) The Secretary of the Interior shall invest the principal
sum of funds in all dockets pursuant to the provisions of the first
section of the Act of June 24, 1938 (25 U.S.C. 162a). The interest and
investment income accrued shall be immediately available to the Gila
River Indian Community upon the approval by the Secretary of the
Interior of the community's plan of operation and budget as set forth in
Gila River Indian Community Resolution Numbered GR-100 - 79, adopted
August 1, 1979, as follows:
(1) 50 per centum of such interest and income resulting from
dockets 236-A and 236-B shall be used as operational costs of the
Gila River Indian Community; and
(2) 50 per centum of such interest and income resulting from
dockets 236-A and 236-B shall be distributed to the seven
community districts, prorated on the basis of current population
at the time such distributions are made and shall be used for the
general district government operations and programs.
(b) All of the accrued interest and income from docket 236-E shall be
used as operational costs of the Gila River Indian Community. After the
date of enactment of this Act all interest and investment income accrued
from dockets 236-A, 236-B, and 236-E shall be advanced quarterly and
utilized as provided in this subsection and paragraph (1) and (2) of
subsection (a) of this section.
Sec. 3. The Gila River Indian Community may utilize portions of the
principal funds referred to in section 2 of this Act in connection with
programs proposed by the Gila River tribal governing body on a budgetary
basis which has been approved by the Secretary of the Interior.
Approved August 1, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 1137 accompanying H.R. 7249 (Comm. on Interior
and Insular Affairs).
SENATE REPORT No. 96 - 690 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD, Vol. 126 (1980):
May 15, considered and passed Senate.
July 21, H.R. 7249 considered and passed House; passage
vacated and S. 2508 passed in lieu.
PUBLIC LAW 96-318, 94 STAT, 968
appropriated to pay judgments in
favor of the Delaware Tribe of Indians and the
absentee Delaware Tribe of
Western Oklahoma in Indian Claims Commission
dockets 27-A and 241, 289, and
27-B and 338, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That, notwithstanding
any provision of the Act of October 19, 1973 (87 Stat. 466), // 25 USC
1401. // or any other law, or any regulation or plan promulgated
pursuant thereto, the funds appropriated by the Act of December 15, 1971
(85 Stat. 627) for the award in docket 289; by the Act of March 21,
1972 (86 Stat. 86) for the award in dockets 27-A and 241; by the Act of
March 7, 1978 (92 Stat. 107) for the award in dockets 27-B and 338; on
October 31, 1978, in accordance with section 1302 of the Act of July 27,
1956 (70 Stat. 694), as amended (31 U.S.C. 724a), for the award in
dockets 27-E and 202; and on August 6, 1979, in accordance with section
1302 of such Act of July 27, 1956, for the award in docket 27;
including all interest and investment income accrued thereon, less
attorney fees and litigation expenses incurred in connection with such
awards, shall be used and distributed as provided in this Act.
Sec. 2. The Secretary of the Interior (hereinafter the " Secretary")
shall prepare a roll of all persons who were born on or prior to October
3, 1972, and who are living on the date of the enactment of this Act who
are citizens of the United States and who are descended from a lineal
ancestor whose name appears on the " Registry" filed in the Office of
the Commissioner of Indian Affairs pursuant to article 9 of the treaty
with the Delaware Indians of July 4, 1866 (14 Stat. 793) or who are
descended from a lineal ancestor whose name appears on the " Register"
prepared pursuant to the agreement dated April 8, 1867, between the
Delaware Tribe of Indians and the Cherokee Nation. No person shall be
eligible for enrollment under this section who was paid, or was eligible
to be paid, pursuant to the Act of October 3, 1972 (82 Stat. 762). // 25
USC 1291. //
Sec. 3. (a) Upon completion of the roll provided for in section 2 of
this Act, the Secretary shall segregate and establish a separate fund
from the funds described in the first section of this Act. Such
separate fund shall be in an amount equal to $1,488.22 multiplied by the
number of persons whose names appear on the roll prepared in accordance
with section 2 of this Act: Provided, That said separate fund shall not
in any event exceed the maximum amount of $1,488,220 regardless of the
number of such enrollees.
(b) The Secretary shall pay 10 per centum of the fund established by
subsection (a) of this section to the Kansas Delaware Tribe of Indians,
Incorporated, and to the Delawares of Idaho, Incorporated, in a ratio
proportionate to their respective number of members enrolled under
section 2 of this Act, for the sole purpose of enabling such
corporations to pay attorneys' fees for the representation of such
members in connection with their efforts to achieve participation in the
distribution of funds under the Act of October 3, 1972, and in addition
thereto, shall pay to such corporations from the fund established by
subsection (a) of this section all expenses in connection therewith
which the Secretary finds to be reasonable.
(c) After payments made pursuant to subsection (b) of this section,
the Secretary shall distribute the balance of the separate fund
established pursuant to subsection (a) of this section on a per capita
basis to those who have been enrolled by the Secretary under section 2
of this Act.
Sec. 4. After the establishment of the separate fund prescribed in
section 3(a) of this Act, 17 per centum of all of the then remaining
funds described in the first section of this Act shall be apportioned by
the Secretary to the Delaware Tribe of Western Oklahoma. The Secretary
shall prepare a roll of all persons born on or before, and living on,
the date of the enactment of this Act who are citizens of the United
States and whose names appear on the membership roll of the Delaware
Tribe of Western Oklahoma, brought current as of the date of the
enactment of this Act. No more than 60 per centum of the funds
apportioned to the Delaware Tribe of Western Oklahoma shall be
distributed on a per capita basis, in amounts as equal as possible, to
all tribal members enrolled in accordance with this section. No less
than 40 per centum of said funds, including any amounts remaining from
the aforementioned per capita distribution, shall be invested by the
Secretary for tribal social and economic programing purposes, including
periodic dividend payments: Provided, That the voting membership of the
tribe may elect to designate more than 40 per centum of the total funds
apportioned to the tribe for such programing purposes. Said programing
funds, including all interest and investment income accrued, shall be
utilized by the tribal governing body on an annual budgetary basis,
subject to the approval of the Secretary.
Sec. 5 (a) After the establishment of the fund prescribed in section
3(a) and the apportionment of funds to the Delaware Tribe of Western
Oklahoma as prescribed in section 4 of this Act, the remaining balance
of the funds described in the first section of this Act shall be divided
and distributed per capita, in accordance with the provisions of this
section, among all persons whose names appear on a roll prepared by the
Secretary, which roll shall include all persons born on or prior to and
living on the date of the enactment of this Act who are citizens of the
United States and whose names or whose lineal ancestors' names appear on
any of the following rolls or records:
(1) the " Registry", filed in the Office of the Commissioner of
Indian Affairs pursuant to article 9 of the treaty with the
Delaware Indians of July 4, 1866 (14 Stat. 793);
(2) the Delaware (Cherokee Delaware) Indian per capita payroll
approved by the Secretary of the Interior on April 20, 1906; or
(3) the " Register" prepared pursuant to the agreement of April
8, 1867, between the Delaware Tribe of Indians and the Cherokee
Nation.
(b) The per capita amount determined pursuant to subsection (a) of
this section with respect to any person (except a person enrolled
pursuant to section 2 of this Act) who was born after October 3, 1972,
shall not be less than the amount of per capita payment such person
would otherwise receive if no separate fund had been established
pursuant to section 3(a) and if the total funds described in the first
section of this Act were reduced only by the amount of funds apportioned
to the Delaware Tribe of Western Oklahoma pursuant to section 4 of this
Act.
(c) The Secretary shall identify those persons who qualify and are
enrolled under section 5(a)(1) and (3) of this Act exclusive of those
persons who qualify under section 5(a)(2) of this Act. The amount of
their individual shares shall be multiplied by the number of such
enrollees. The Secretary shall pay 10 per centum of this total amount
to the Kansas Delaware Tribe of Indians, Incorporated, and to the
Delawares of Idaho, Incorporated, in a ratio proportionate to their
respective number of members enrolled under subsection (a) of this
section for the sole purpose of the payment of their attorneys' fees in
connection with their efforts to achieve participation in the funds set
forth in subsection (a) of this section. The Secretary shall distribute
the balance of said total amount on a per capita basis to those persons
enrolled under section 5(a)(1) and (3) of this Act subject to the
requirement of section 5(b) of this Act.
(d) No person shall be entitled to more than one per capita share
under subsection (a) of this section, nor shall any person who received
a per capita share under section 4 of this Act be eligible to receive
any share under this section.
Sec. 6. The per capita shares of living competent adults shall be
paid directly to them. Per capita shares of deceased individual
beneficiaries shall be determined and distributed pursuant to
regulations prescribed by the Secretary. Per capita shares of legal
incompetents and per capita shares of persons under age eighteen shall
be paid in accordance with such procedures, including the establishment
of trusts, as the Secretary determines to be necessary to protect the
interests of such persons.
Sec. 7. (a) Except for funds to be held in escrow as provided
hereinafter in this section, the Secretary shall pay and distribute all
funds, as provided in this Act, forthwith upon completion of the
enrollment process to be established by the rules and regulations to be
promulgated under section 10 of this Act, which enrollment process
period shall not be deemed to include the period of time for action upon
enrollment appeals.
(b) The Secretary, in arranging for the per capita payments under
sections 3, 4, and 5 of this Act, shall hold at interest in an escrow
account the apportioned shares, including any attorneys fees applicable
thereto as provided in sections 3 and 5, of all applicants whose
entitlements are the subjects of enrollment appeals, pending
determinations of all enrollment appeals.
(c) The aggregate amount of any apportioned shares applicable to
unsuccessful applicants for enrollment under section 3 of this Act,
including the attorneys fees attributable to such apportioned shares as
provided in such section, shall be paid and distributed by the
Secretary, 17 per centum to the Delaware Tribe of Western Oklahoma for
programing purposes as provided in section 4 of this Act, and the
remaining 83 per centum shall be paid and distributed as provided in
section 5 of this Act: Provided, That per capita payments which would
be payable under section 5 of this Act of less than $5 shall be
aggregated and paid 19 per centum to the Delaware Tribe of Western
Oklahoma and 81 per centum to the Delaware Tribe of Indians, both for
programing purposes.
(d) The amount of any apportioned shares applicable to unsuccessful
applicants for enrollment who claimed entitlement through membership in
the Delaware Tribe of Western Oklahoma shall be added to the programing
portion of that tribe's share of these awards.
(e) The amount of any apportioned shares applicable to unsuccessful
applicants who claimed entitlement under section 5(a)(2) of this Act
shall be added to the programing portion of the Delaware Tribe of
Indians' share of awards provided for in the Act of October 3, 1972 (86
Stat. 762). // 25 USC 1291. //
(f) The total amount of any apportioned shares applicable to
unsuccessful applicants who claimed entitlement through section 5(a)(1)
or section 5(a)(3) shall be paid and distributed as provided in section
5(c): Provided, That per capita payments which would be payable under
section 5(c) of this Act of less than $5 shall be aggregated and paid 19
per centum to the Delaware Tribe of Western Oklahoma and 81 per centum
to the Delaware Tribe of Indians, both for the programing purposes of
said tribes.
Sec. 8. None of the funds distributed per capita or made available
for programing purposes under this Act shall be subject to Federal or
State income taxes or be considered income or resources in determining
eligibility for assistance under Federal, State, or local programs.
Sec. 9. Nothing contained in this Act shall be construed as
recognizing the Kansas Delaware Indians, the Kansas Delaware Tribe of
Indians, Incorporated, the Idaho Delaware Indians or the Delawares of
Idaho, Incorporated, as federally recognized Indian tribes.
Sec. 10. The Secretary is authorized and directed, within sixty days
from the date of enactment of this Act, to promulgate rules and
regulations to implement this Act, including the establishment of
enrollment procedures and a deadline for the filing of enrollment
applications on a date not more than one hundred and twenty days after
publication of said regulations.
Approved August 1, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 1136 (Comm. on Interior and Insular Affairs).
SENATE REPORT No. 96 - 628 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD, Vol. 126 (1980):
Mar. 18, considered and passed Senate.
July 21, considered and passed House.
PUBLIC LAW 96-317, 94 STAT, 964, COMMISSION ON WARTIME RELOCATION AND
INTERNMENT OF CIVILIANS ACT.
whether any wrong was
committed against those American citizens and
permanent resident aliens
affected by Executive Order Numbered 9066, 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 // 50 USC app. 1981 // may be cited as the "
Commission on Wartime Relocation and Internment of Civilians Act".
Sec. 2. // 50 USC app. 1981 // (a) The Congress finds that--,
(1) approximately one hundred and twenty thousand civilians
were relocated and detained in internment camps pursuant to
Excutive Order Numbered 9066, issued February 19, 1942,
// 3 CFR, 1938 - 1943 // and
other associated actions of the Federal Government;
(2) approximately one thousand Aleut civilian American citizens
were relocated and, in some cases, detained in internment camps
pursuant to directives of United States military forces during
World War II and other associated actions of the Federal
Government; and
(3) no sufficient inquiry has been made into the matters
described in paragraphs (1) and (2).
(b) It is the purpose of this Act to establish a commission to--,
(1) review the facts and circumstances surrounding Executive
Order Nnumbered 9066, issued February 19, 1942, and the impact of
such Executive order on American citizens and permanent resident
aliens;
(2) review directives of United States military forces
requiring the relocation and, in some cases, detention in
internment camps of American citizens, including Aleut civilians,
and permanent resident aliens of the Aleutian and Pribilof
Islands; and
(3) recommend appropriate remedies.
Sec. 3. // 50 USC app. 1981 // (a) There is established the
Commission on Wartime Relocation and Internment of Civilians
(hereinafter referred to as the " Commission").
(b) The Commission shall be composed of seven members, who shall be
appointed within ninety days after the date of enactment of this Act as
follows:
(1) Three members shall be appointed by the President.
(2) Two members shall be appointed by the Speaker of the House
of Representatives.
(3) Two members shall be appointed by the President pro tempore
of the Senate.
(c) The term of office for members shall be for the life of the
Commission. A vacancy in the Commission shall not affect its powers,
and shall be filled in the same manner in which the original appointment
was made.
(d) The first meeting of the Commission shall be called by the
President within one hundred and twenty days after the date of enactment
of this Act, or within thirty days after the date on which legislation
is enacted making appropriations to carry out this Act, whichever date
is later.
(e) Four members of the Commission shall constitute a quorum, but a
lesser number may hold hearings.
(f) The Commission shall elect a Chairman and Vice Chairman from
among its members. The term of office of each shall be for the life of
the Commission.
(g) Each member of the Commission who is not otherwise employed by
the United States Government shall receive compensation at a rate equal
to the daily rate prescribed for GS-18 under the General Schedule
contained in section 5332 of title 5, United States Code, for each day,
including traveltime, he or she is engaged in the actual performance of
his or her duties as a member of the Commission. A member of the
Commission who is an officer or employee of the United States Government
shall serve without additional compensation. All members of the
Commission shall be reimbursed for travel, subsistence, and other
necessary expenses incurred by them in the performance of their duties.
Sec. 4. // 50 USC app. 1981 // (a) It shall be the duty of the
Commission to--,
(1) review the facts and circumstances surrounding Executive
Order Numbered 9066, issued February 19, 1942,
// 3 CFR 1938 - 1943. //
and the impact of such Executive order on American citizens and
permanent resident aliens;
(2) review directives of United States military forces
requiring the relocation and, in some cases, detention in
internment camps of American citizens, including Aleut civilians,
and permanent resident aliens of the Aleutian and Pribilof
Islands; and
(3) recommend appropriate remedies.
(b) The Commission shall hold public hearings in such cities of the
United States that it finds appropriate.
(c) The Commission shall submit a written report of its findings and
recommendations to Congress not later than the date which is one year
after the date of the first meeting called pursuant to section 3(d) of
this Act.
Sec. 5. // 50 USC app. 1981 // (a) The Commission or, on the
authorization of the Commission, any subcommittee or member thereof,
may, for the purpose of carrying out the provisions of this Act, hold
such hearings and sit and act at such times and places, and request the
attendance and testimony of such witnesses and the production of such
books, records, correspondence, memorandum, papers, and documents as the
Commission or such subcommittee or member may deem advisable. The
Commission may request the Attorney General to invoke the aid of an
appropriate United States district court to require, by subpoena or
otherwise, such attendance, testimony, or production.
(b) The Commission may acquire directly from the head of any
department, agency, independent instrumentality, or other authority of
the executive branch of the Government, available information which the
Commission considers useful in the discharge of its duties. All
departments, agencies, and independent instrumentalities, or other
authorities of the executive branch of the Government shall cooperate
with the Commission and furnish all information requested by the
Commission to the extent permitted by law.
Sec. 6. The Commission is authorized to--,
(1) appoint and fix the compensation of such personnel as may
be necessary, without regard to the provisions of title 5, United
States Code, governing appointments in the competitive service,
and without regard to the provisions of chapter 51 and subchapter
III of chapter 53 of such title relating to classification and
General Schedule pay rates, except that the compensation of any
employee of the Commission may not exceed a rate equivalent to the
rate payable under GS-18 of the General Schedule under section
5332 of such title;
// 5 USC 5332. //
(2) obtain the services of experts and consultants in
accordance with the provisions of section 3109 of such title;
// 5 USC 3109. //
(3) enter into agreements with the Administrator of General
Services for procurement of necessary financial and administrative
services, for which payment shall be made by reimbursement from
funds of the Commission in such amounts as may be agreed upon by
the Chairman of the Commission and the Administrator;
(4) procure supplies, services, and property by contract in
accordance with applicable laws and regulations and to the extent
or in such amounts as are provided in appropriation Acts; and
(5) enter into contracts with Federal or State agencies,
private firms, institutions, and agencies for the conduct of
research or surveys, the preparation of reports, and other
activities necessary to the discharge of the duties of the
Commission, to the extent or in such amounts as are provided in
appropriation Acts.
Sec. 7. The Commission shall terminate ninety days after the date on
which the report of the Commission is submitted to Congress pursuant to
section 4(c) of this Act. // 50 USC app. 1981 //
Sec. 8. To carry out the provisions of this Act, // 50 USC app.
1981 // there are authorized to be appropriated $1,500,000.
Approved July 31, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 1146 accompanying H.R. 5499 (Comm. on the
Judiciary).
SENATE REPORT No. 96 - 751 (Comm. on Governmental Affairs).
CONGRESSIONAL RECORD, Vol. 126 (1980):
May 22, considered and passed Senate.
July 21, H.R. 5499 passed House; passage vacated and S. 1647,
amended, passed in lieu.
July 24, Senate concurred in House amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, No. 31:
July 31, Presidential statement.
PUBLIC LAW 96-316, 94 STAT, 960, NATIONAL AERONAUTICS AND SPACE
ADMINISTRATION AUTHORIZATION ACT, 1981
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 and 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, 1980:
(a) For " Research and development", for the following programs:
(1) Space Shuttle, $1,873,000,000;
(2) Space flight operations, $779,500,000;
(3) Expendable launch vehicles, $55,700,000;
(4) Physics and astronomy, $352,700,000;
(5) Planetary exploration, $179,600,000;
(6) Life sciences, $45,200,000;
(7) Space applications, $378,700,000;
(8) Technology utilization, $12,600,000;
(9) Aeronautical research and technology, $290,800,000;
(10) Space research and technology, $115,200,000;
(11) Energy technology, $4,000,000; and
(12) Tracking and data acquisition, $349,750,000.
(b) For " Construction of facilities", including land acquisition, as
follows:
(1) Construction of man-vehicle systems research facility, Ames
Research Center, $7,480,000;
(2) Modification of steam ejector system and thermal protection
laboratory, Ames Research Center, $2,300,000;
(3) Modification of the unitary plan wind tunnel, Ames research
Center, $3,400,000;
(4) Modifications to various buildings for energy conservation,
Jet Propulsion Laboratory, $1,500,000;
(5) Modifications to various buildings for seismic protection,
Jet Propulsion Laboratory, $2,000,000;
(6) Rehabilitation of high temperature hot water system, zone
2, industrial area, John F. Kennedy Space Center, $760,000;
(7) Modifications for avionics integration research laboratory,
Langley Research Center, $5,756,000;
(8) Modifications to aircraft landing dynamics facility,
Langley Research Center, $15,000,000;
(9) Rehabilitation and modification of gas dynamics laboratory,
Langley Research Center, $2,000,000;
(10) Decommissioning of Plum Brook Station reactor facility,
Lewis Research Center, $1,000,000;
(11) Modifications to central air system, various buildings,
Lewis Research Center, $7,655,000;
(12) Rehabilitation of electrical switchgear, engine research
building, Lewis Research Center, $1,700,000;
(13) Rehabilitation of roof, Phase II, Building 103, Michoud
Assembly Facility, $3,800,000;
(14) Rehabilitation of chilled water system, Michoud Assembly
Facility, $782,000;
(15) Modification of 26-meter antenna, DSS-44, Canberra,
Australia, $1,200,000;
(16) Replacement of azimuth radial bearing, DSS-14, Goldstone,
California, $950,000;
(17) Space Shuttle facilities at various locations as follows:
Facility,
$5,400,000;
and
assembly facilities, Thiokol plant, Wasatch, Utah,
$2,700,000;
(18) Space Shuttle payload facility: Rehabilitation and
modification for payload ground support operations, John F.
Kennedy Space Center, $1,617,000;
(19) Repair of facilities at various locations, not in excess
of $500,000 per project, $15,000,000;
(20) Rehabilitation and modification of facilities at various
locations, not in excess of $500,000 per project, $20,000,000;
(21) Minor construction of new facilities and additions to
existing facilities at various locations, not in excess of
$250,000 per project, $4,000,000; and
(22) Facility planning and design not otherwise provided for,
$10,000,000.
(c) For " Research and program management", $1,033,154,000 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 twelve 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
unforeseen programmatic needs.
Sec. 2. Authorization is hereby granted whereby any of the amounts
prescribed in paragraphs (1) through (21), 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 Committe 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 (22) 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 thirty 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 (1) the nature of
such construction, expansion, or modification, (2) the cost thereof
including the cost of any real estate action pertaining thereto, and (3)
the reason why such construction, expansion, or modification is
neccessary 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 t 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 thirty days has passed after the receipt by the
Speaker of the House of Representatives and the President of the Senate
and each such committee of notice given by the Administrator or 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. 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, // 42 USC 2459 // and that the
National Aeronautics and Space Administration should explore ways and
means of distributing its research and development funds whenever
feasible.
Sec. 6. This Act may be cited as the " National Aeronautics and
Space Administration Authorization Act, 1981".
Approved July 30, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 96 - 899 accompanying H.R. 6413 (Comm. on Science
and Technology) and No. 96 - 1142 (Comm. of Conference).
SENATE REPORT No. 96 - 719 (Comm. on Commerce, Science and
Transportation).
CONGRESSIONAL RECORD, Vol. 126 (1980):
June 3, considered and passed Senate.
June 13, H.R. 6413 considered and passed House; passage
vacated and S. 2240, amended, passed in lieu.
July 2, House agreed to conference report.
July 21, Senate agreed to conference report.
PUBLIC LAW 96-315, 94 STAT, 957
appropriations for the Tinicum National
Environmental Center.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1. The Act of June 30, 1972, // 86 Stat. 391. // entitled
"an Act to provide for the establishment of the Tinicum National
Environmental Center in the Commonwealth of Pennsylvania, and for other
purposes" is amended--,
(1) by amending section 7
// 16 USC 668dd //
to read as follows:
" Sec. 7. There are authorized to be appropriated, $19,500,000 (of
which $8,400,000 shall be available beginning October 1, 1980) for
acquisition of the Tinicum National Environmental Center, for
construction of environmental educational center facilities, and for
other development projects on the Center, to remain available until
September 30, 1985."; and
(2) by adding at the end thereof the following new section:
" Sec. 8. The Administrator of the Environmental Protection Agency,
in consultation and cooperation with the Fish and Wildlife Service, is
directed to investigate potential environmental health hazards resulting
from the Folcroft landfill, within the authorized boundary of the
Tinicum National Environmental Center, and to develop alternative
recommendations as to how such hazards, if any, might best be addressed
in order to protect the refuge and the general public.".
Sec. 2. // 16 USC 668dd // (a) If--,
(1) the property known as Sailors' Snug Harbor, consisting of
approximately eighty acres and located in the city of New York, is
donated to the Secretary of the Interior (hereinafter referred to
as the " Secretary") by the city of New York; and
(2) the Secretary and the city of New York and the Snug Harbor
Cultural Center, Incorporated, enter into mutually satisfactory
cooperative agreements of the kind described in subsection (c) of
this section, the Secretary shall manage Sailors' Snug Harbor as a
National Wildlife Refuge until the completion of the study
required by subsection (e) of this section.
(b) Except as may be provided for in cooperative agreements referred
to in paragraph (2) of subsection (a) and in subsection (c) of this
section, the property acquired under paragraph (1) of subsection (a) of
this section shall be administered in accordance with the provisions of
the National Wildlife Refuge System Administration Act of 1966. // 16
USC 668dd //
(c)(1) The Secretary and the city of New York and the Snug Harbor
Cultural Center, Incorporated, shall endeavor to enter into cooperative
agreements regarding the respective functions each such party will
undertake with respect to the property acquired under paragraph (1) of
subsection (a) of this section, except that the Secretary shall only be
responsible for the protection of such property and the costs for normal
operation and maintenance of such property as a refuge.
(2) In addition, the Secretary may, if he deems appropriate, utilize
any additional statutory authority that he may have for the conservation
and development of wildlife and natural resources on such property and
interpretative environmental education at such property.
(3) Nothing in this Act or cooperative agreements negotiated pursuant
to this Act may be construed as affecting in any manner, or to any
extent, the eligibility (as in effect on the day before the date of the
enactment of this Act) of the city of New York, the Snug Harbor Cultural
Center, Incorporated, or the State of New York, under any Federal law
for funds or other assistance for use in the restoration or preservation
of historic buildings, or in the carrying out of developmental and
recreational projects and programs, within the area included in such
property.
(d) For purposes of section 401 of the Act of June 15, 1935 (commonly
known as the " Refuge Revenue Sharing Act"), // 16 USC 715s. // the
property acquired under paragraph (1) of subsection (a) of this section
may not be considered to be, nor treated as, a fee area within the
meaning of subsection (g)(2) of such section 401.
(e) Within two years after the date of enactment of this Act, the
Secretary shall complete a study of the property acquired under
paragraph (1) of subsection (a) of this section to determine how the
resources and facilities could best be protected and managed under other
statutory authorities available to him. Notwithstanding the National
Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd -
668ee) and pursuant to Reorganization Plan No. 3 of 1950, // 5 USC app.
// such property shall upon completion of such study, either be placed
permanently in the National Wildlife Refuge System by the Secretary or
transferred by the Secretary to any more appropriate agency of the
Department of the Interior to be managed as, and become a part of, that
agency consistent with its general statutory responsibilities.
Notwithstanding the provisions of this Act, subsequent to such transfer,
if any, the resources and facilities identified in the study shall be
managed consistent with the findings of the study and that agency's
authorized programs using the funding authorized under this section.
(f) There are authorized to be appropriated to the Department of the
Interior not to exceed $1,750,000 for purposes of carrying out this
section during the period covering fiscal years 1981, 1982, and 1983;
except that no part of any funds appropriated pursuant to this section
may be expended for the restoration or preservation of any building
within the property acquired under paragraph (1) of subsection (a) of
this section or for activities other than those enumerated in
subsections (b) and (c) of this section.
Sec. 3. (a) During any period in which the Secretary of the
Interior, by regulation, limits vehicular access to Back Bay National
Wildlife Refuge, the Secretary of the Interior shall issue to any
eligible applicant, a renewable annual permit to enable, the applicant
to commute across the Back Bay National Wildlife Refuge. For purposes
of this section, the term "eligible applicant" shall include all
full-time residents who can furnish to the Refuge Manager, Back Bay
National Wildlife Refuge, adequate proof of residence commencing prior
to December 31, 1979, on the Outer Banks from the refuge boundary south
to and including the village of Corolla, North Carolina, as long as they
remain full-time residents. The south boundary of the area for access
consideration is defined as a straight east-west line extending from
Currituck Sound to the Atlantic Ocean and passing through a point one
thousand and six hundred feet due south of the Currituck Lighthouse.
(b) As used in this section, the terms--,
(1) "residence" means a place of general abode;
(2) "place of general abode" means a principal, actual dwelling
place in fact, without regard to intent; and
(3) "dwelling" means a residential structure occupied on
year-round basis by the permit applicant and shall not include
seasonal or part-time dwelling units such as beach houses,
vacation cabins, or structures which are intermittently occupied.
(c) Any permit issued pursuant to this section shall assure that
eligible applicants shall be allowed at least two round trips per day.
Travel pursuant to such permits may be restricted to between the hours
of 5:00 a.m. and 12:00 p.m. (midnight). In addition the Refuge Manager
may make exceptions to access restrictions for qualified permittees who
have demonstrated to the satisfaction of the Refuge Manager a need for
additional access relating to health or livelihood.
(d) Permits pursuant to this section shall be renewed upon the
submission of a signed, notarized statement by an eligible applicant
that conditions of the previous permit have not changed.
(e) The Secretary of the Interior, may, subject to the foregoing
provisions of this section, issue such regulations as are necessary to
protect the resources of the refuge.
Approved July 25, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 890 accompanying H.R. 5679 (Comm. on Merchant
Marine and Fisheries).
SENATE REPORT No. 96 - 675 (Environment and Public Works).
CONGRESSIONAL RECORD, Vol. 126 (1980):
May 6, considered and passed Senate.
May 19, H.R. 5679 considered and passed House; passage vacated
and S. 2382, amended, passed in lieu.
July 2, Senate concurred in House amendment with amendments;
House concurred in Senate amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 16, No. 31:
July 26, Presidential statement.
PUBLIC LAW 96-314, 94 STAT, 956
as a citizen regent of the
Board of Regents of the Smithsonian Institution.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the vacancy in the Board
of Regents of the Smithsonian Institution, of the class other than
Members of Congress, which will occur by the expiration of the term of
Murray Gell-Mann of California on August 30, 1980, be filled by the
reappointment of the present incumbent for the statutory term of six
years.
Approved July 25, 1980.
LEGISLATIVE HISTORY:
SENATE REPORT No. 96 - 820 (Comm. on Rules and Administation).
CONGRESSIONAL RECORD, Vol. 126 (1980):
June 25, considered and passed Senate.
July 22, considered and passed House.
PUBLIC LAW 96-313, 94 STAT, 955
A. M. Burden as a citizen regent of the
Board of Regents of the Smithsonian Institution.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the vacancy in the Board
of Regents of the Smithsonian Institution, of the class other than
Members of Congress, which will occur by the expiration of the term of
William A. M. Burden of New York on August 30, 1980, be filled by the
reappointment of the present incumbent for the statutory term of six
years.
Approved July 25, 1980.
LEGISLATIVE HISTORY:
SENATE REPORT No. 96 - 819 (Comm. on Rules and Administration).
CONGRESSIONAL RECORD, Vol. 126 (1980):
June 26, considered and passed Senate.
July 22, considered and passed House.
PUBLIC LAW 96-312, 94 STAT, 948, CENTRAL IDAHO WILDERNESS ACT OF 1980
the River of No Return
Wilderness, to designate a segment of the Salmon
River as a component of the
National Wild and Scenic Rivers System, 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 " Central Idaho Wilderness Act of 1980".
Sec. 2. (a) The Congress finds that--,
(1) certain wildlands in central Idaho lying within the
watershed of the Salmon River--the famous " River of No Return"--,
constitute the largest block of primitive and undeveloped land in
the conterminous United States and are of immense national
significance;
(2) these wildlands and a segment of the Salmon River should be
incorporated within the National Wilderness Preservation System
and the National Wild and Scenic Rivers System in order to provide
statutory protection for the lands and waters and the
wilderness-dependent wildlife and the resident and anadromous fish
which thrive within this undisturbed ecosystem; and
(3) such protection can be provided without conflicting with
established uses.
(b) The purposes of this Act are to--,
(1) provide a comprehensive, statutory framework for the
protection, administration, and management of the wildlands of the
central Idaho region and a portion of the Salmon River through--,
Wilderness;
Corridor"
to the existing Selway-Bitterroot Wilderness; and
miles
of the Salmon River as a component of the National
Wild
and Scenic Rivers System;
(2) end the controversy over which lands within the central
Idaho region will be designated wilderness--thereby assuring that
certain adjacent lands better suited for multiple uses other than
wilderness will be managed by the Forest Service under existing
laws and applicable land management plans; and
(3) make a comprehensive land allocation decision for the
national forest roadless areas of the central Idaho region.
Sec. 3. In furtherance of the purposes of the Wilderness Act of 1964
(78 Stat. 890; 16 U.S.C. 1131), // 16 USC 1132 // certain lands in the
Boise, Challis, Payette, Salmon, Bitterroot, and Nezperce National
Forests, Idaho, situated north and south of the Salmon River which
comprise approximately two million two hundred and thirty-nine thousand
acres, as generally depicted on a map entitled " River of No Return
Wilderness, Proposed", dated June 1980, are hereby designated as
wilderness and, therefore, as a component of the National Wilderness
Preservation System, and shall be known as the River of No Return
Wilderness. The previous classifications of the Idaho and Salmon River
Breaks Primitive Areas are hereby abolished.
Sec. 4. In furtherance of the purposes of the Wilderness Act,
certain lands in the Bitterroot National Forest, Idaho, which comprise
approximately one hundred and five thousand six hundred acres as
generally depicted on a map entitled " Magruder Corridor Proposed
Additions, Selway-Bitterroot Wilderness", dated November 1979, are
hereby incorporated in, and shall be deemed to be a part of, the
Selway-Bitterroot Wilderness as designated by Public Law 88 - 577, // 16
USC 1131. // and, therefore a component of the National Wilderness
Preservation System.
Sec. 5. (a)(1) Within three years of the date of enactment of this
Act, the Secretary of Agriculture (hereinafter referred to as "the
Secretary") shall develop and submit to the Committee on Energy and
Natural Resources of the United States Senate and the Committee on
Interior and Insular Affairs of the House of Representatives a
comprehensive wilderness management plan (hereinafter referred to as
"the management plan") for the River of No Return Wilderness which shall
consider a broad range of land uses and recreation opportunities.
(2) The management plan shall be prepared in coordination with the
relevant national forest plans required by section 6 of the National
Forest Management Act of 1976 (Public Law 94 - 588). // 16 USC 1604. //
(3) The management plan shall include the cultural resources
management plan required by section 8(a)(3) of this Act. // 16 USC 1608.
//
(4) In preparing the management plan, the Secretary shall provide for
full public participation as required under section 6 of the National
Forest Management Act. // 16 USC 1604. //
(5) The management plan shall, among other things, address the need
for, and alternative means of, access to the wilderness.
(b) In administering the River of No Return Wilderness, the Secretary
shall, to the maximum extent practicable, consistent with the management
plan required by this section, clear obstructions from all of the
national forest trails within or adjacent to the wilderness on at least
an annual basis.
(c) Subject to valid existing rights, the River of No Return
Wilderness designated by this Act shall be administered by the Secretary
in accordance with the provisions of the Wilderness Act: // 16 USC 1131
// Provided, That any reference in such provisions to the effective date
of the Wilderness Act shall be deemed to be a reference to the effective
date of this Act.
(d)(1) Notwithstanding the provisions of the Wilderness Act of 1964
(78 Stat. 890; 16 U.S.C. 1131), // 16 USC 1133. // including section
4(d)(3), closing wilderness areas after December 31, 1983, to the United
States mining laws, and the designation of the River of No Return
Wilderness by this Act, within that portion of the wilderness depicted
on a map entitled " Special Mining Management Zone--Clear Creek",
(hereinafter referred to in this section as the " Special Management
Zone"), dated June 1980, all prospecting and exploration for, and
development or mining of cobalt and associated minerals shall be
considered a dominant use of such land and shall be subject to such laws
and regulations as are generally applicable to National Forest System
lands not designated as wilderness or other special management areas,
including such laws and regulations which relate to the right of access
to valid mining claims and private property: Provided, That:
(A) all mining locations and associated access roads shall be
held and used solely for mining or mineral processing operations
and uses reasonably incident thereto, except that the Secretary
may permit such access roads to be utilized by the State of Idaho
to facilitate the management of the bighorn sheep in the Special
Management Zone;
(B) after the date of enactment of this Act, subject to valid
existing rights, all patents issued under the mining laws of the
United States for claims within the Special Management Zone shall
convey title to the mineral deposits within such claims, but each
such patent shall reserve to the United States all title in or to
the surface of the lands and products thereof, and no use of the
surface of the claim or the resources therefrom not reasonably
required for carrying on mining and prospecting shall be allowed:
Provided, That the patentee shall have the right to cut and use as
much of the mature timber therefrom as may be needed in the
extraction, removal and beneficiation of the mineral deposits, if
such needed timber is not otherwise reasonably available, and if
such timber is cut under sound principles of forest management as
defined by National Forest System rules and regulations: Provided
further, That the patentee shall have the right to use as much of
the surface as reasonably necessary for the mining, removal,
extraction, or beneficiation of the mineral deposits located
therein; and
(C) consistent with the other provisions of this subsection the
Secretary may take all reasonable measures to see that the mining
or processing of cobalt and associated minerals within the Special
Management Zone does not significantly impair the overall habitat
of the bighorn sheep located within, or adjacent to, such Zone.
(2) Within three years from the date of enactment of this Act, the
Secretary of Defense, after consultation with the Secretaries of the
Interior, Agriculture, Commerce, Transportation, and State and the
Federal Emergency Management Agency, shall report to Congress on the
strategic significance of the materials and minerals found in the
Special Management Zone.
Sec. 6. As soon as practicable after enactment of this Act, a map
and legal description of the River of No Return Wilderness and a map and
legal description of the Selway-Bitterroot Wilderness additions shall be
filed with the Committee on Energy and Natural Resources of the United
States Senate and the Committee on Interior and Insular Affairs of the
United States House of Representatives, and each such map and legal
description shall have the same force and effect as if included in this
Act: Provided, That correction of clerical and typographical errors in
each such legal description and map may be made. Each such map and
legal description shall be on file and available for public inspection
in the Office of the Chief of the Forest Service, Department of
Agriculture.
Sec. 7. (a) Within the River of No Return Wilderness and the
Selway-Bitterroot Wilderness additions designated by this Act--,
(1) the landing of aircraft, where this use has become
established prior to the date of enactment of this Act shall be
permitted to continue subject to such restrictions as the
Secretary deems desirable: Provided, That the Secretary shall not
permanently close or render unserviceable any aircraft landing
strip in regular use on national forest lands on the date of
enactment of this Act for reasons other than extreme danger to
aircraft, and in any case not without the express written
concurrence of the agency of the State of Idaho charged with
evaluating the safety of backcountry airstrips;
(2) the grazing of livestock were established prior to the date
of enactment of this Act, shall be permitted to continue subject
to such reasonable regulations as the Secretary deems necessary,
as provided in paragraph 4(d)(4) of the Wilderness Act;
// 16 USC 1133. //
(3) commercial services may be performed to the extent
necessary for activities which are proper for realizing the
recreational or other wilderness purposes of the areas as provided
in paragraph 4(d)(6) of the Wilderness Act; and
(4) the future construction and maintenance of small
hydroelectric generators, domestic water facilities, and related
facilities shall be permitted in the Threemile and Jersey Creek
drainages along the Salmon River upstream from Mackay Bar.
(b) As provided in paragraph 4(d)(7) of the Wilderness Act, nothing
in this Act shall constitute an express or implied claim or denial on
the part of the Federal Government as to exemption from State water
laws.
(c) As provided in paragraph 4(d)(8) of the Wilderness Act, nothing
in this Act shall be construed as affecting the jurisdiction or
responsibilities of the State of Idaho with respect to wildlife and fish
in the national forests in Idaho.
Sec. 8. (a)(1) In furtherance of the purposes of the Wilderness Act,
the Wild and Scenic Rivers Act, section 6 of the National Forest
Management Act, the Archaeological Resources Protection Act, and the
Historic Preservation Act, the Secretary shall cooperate with the
Secretary of the Interior and with agencies and institutions of the
State of Idaho, in conducting a cultural resource management program
within the River of No Return Wilderness and within the Salmon River
component of the National Wild and Scenic Rivers System as designated in
section 9 of this Act.
(2) Such program shall have as its purposes the protection of
archaeological sites and interpretation of such sites for the public
benefit and knowledge insofar as these activities are compatible with
the preservation of the values for which the wilderness and wild and
scenic river were designated to protect.
(3) To carry out the cultural resource management program required by
paragraph (1) of this section, the Secretary shall, as part of the
comprehensive management plan required under subsection 5 (a) of this
Act, develop a cultural resources management plan for the wilderness and
the river. Such plan shall--,
(A) encourage scientific research into man's past use of the
River of No Return Wilderness and the Salmon River corridor;
(B) provide an outline for the protection of significant
cultural resources, including protection from vandalism and
looting as well as destruction from natural deterioration;
(C) be based on adequate inventory data, supplemented by test
excavation data where appropriate;
(D) include a public interpretation program; and
(E) comply with all Federal and State historic and cultural
preservation statutes, regulations, guidelines, and standards.
(b)(1) Within two years from the date of enactment of this Act, the
Secretary shall cooperate with the Secretary of the Interior and with
agencies and institutions of the State of Idaho in conducting an
inventory of the ranch, homestead, trapper and other cabins, and
structures within the River of No Return Wilderness and within the
Salmon River component of the National Wild and Scenic Rivers System
designated by section 9 of this Act and submit to the Committee on
Energy and Natural Resources of the United States Senate and the
Committee on Interior and Insular Affairs of the United States House of
Representatives a report on--,
(A) the location of these structures;
(B) their historic significance, if any;
(C) their present condition;
(D) recommendations as to which of these structures should be:
(E) the estimated cost of such stabilization, restoration,
maintenance, or removal; and
(F) the suitability of any of these structures for inclusion in
the National Register of Historic Places.
(2) Until such time as the study under this subsection is completed
and the required report submitted to the Committees, the Secretary shall
not knowingly permit the destruction or significant alteration of any
historic cabin or other structure on national forest land within the
River of No Return Wilderness or the Salmon River component of the
National Wild and Scenic Rivers System designated in section 9 of this
Act.
Sec. 9. (a) The Wild and Scenic Rivers Act (82 Stat. 906, as
amended; 16 U.S.C. 1271 et seq.), // 16 USC 1274. // is further
amended as follows: In section 3(a) after paragraph (23) insert the
following new paragraph:
"(24)(A) Salmon, Idaho.--The segment of the main river from the mouth
of the North Fork of the Salmon River downstream to Long Tom Bar in the
following classes:
"(i) the forty-six-mile segment from the mouth of the North
Fork of the Salmon River to Corn Creek as a recreational river;
and
"(ii) the seventy-nine-mile segment from Corn Creek to Long Tom
Bar as a wild river; all as generally depicted on a map entitled
" Salmon River" dated November 1979, which is on file and
available for public inspection in the Office of the Chief, Forest
Service, United States Department of Agriculture.
"(B) This segment shall be administered by the Secretary of
Agriculture: Provided, That after consultation with State and local
governments and the interested public, the Secretary shall take such
action as is required by subsection (b) of this section within one year
from the date of enactment of this paragraph.
"(C) The use of motorboats (including motorized jetboats) within this
segment of the Salmon River shall be permitted to continue at a level
not less than the level of use which occurred during calendar year 1978.
"(D) Subject to existing rights of the State of Idaho, including the
right of access, with respect to the beds of navigable streams,
tributaries or rivers, dredge and placer mining in any form including
any use of machinery for the removal of sand and gravel for mining
purposes shall be prohibited within the segment of the Salmon River
designated as a component of the Wild and Scenic Rivers System by this
paragraph; within the fifty-three-mile segment of the Salmon River from
Hammer Creek downstream to the confluence of the Snake River; and
within the Middle Fork of the Salmon River; and its tributary streams
in their entirety: Provided, That nothing in this paragraph shall be
deemed to prohibit the removal of sand and gravel, outside the
boundaries of the River of No Return Wilderness or the Gospel-Hump
Wilderness, above the high water mark of the Salmon River or the Middle
Fork and its tributaries for the purposes of construction or maintenance
of public roads: Provided further, That this paragraph shall not apply
to any written mineral leases approved by the Board of Land
Commissioners of the State of Idaho prior to January 1, 1980.
"(E) The provisions of section 7(a) of this Act with respect to the
licensing of dams, water conduits, reservoirs, powerhouses, transmission
lines or other project works, shall apply to the fifty-three-mile
segment of the Salmon River from Hammer Creek downstream to the
confluence of the Snake River.
"(F) For the purposes of the segment of the Salmon River designated
as a component of the Wild and Scenic Rivers System by this paragraph,
there is hereby authorized to be appropriated from the Land and Water
Conservation Fund, after October 1, 1980, not more than $6,200,000 for
the acquisition of lands and interests in lands.".
(b) That segment of the main Salmon River designated as a component
of the Wild and Scenic Rivers System by this Act, // 16 USC 1281 //
which lies within the River of No Return Wilderness or the Gospel-Hump
Wilderness designated by Public Law 95 - 237, // 16 USC 1132 // shall be
managed under the provisions of the Wild and Scenic Rivers Act, // 16
USC 1271 // as amended, and the regulations promulgated pursuant
thereto, notwithstanding section 10(b) of the Wild and Scenic Rivers Act
// 16 USC 1281. // or any provisions of the Wilderness Act // 16 USC
1131 // to the contrary.
Sec. 10. (a) Notwithstanding any other provision of law, the
Secretary shall render, within 30 days from the date of enactment of
this Act, a final administrative decision on any and all administrative
appeals pending before him or any other official of the Department of
Agriculture on the date of enactment of this Act with regard to the
following land management plans and corresponding environmental
statements (hereinafter referred to in this section as "the plans and
environmental statements"):
(1) The Warren Planning Unit Land Management Plan and Final
Environmental Statement, Payette National Forest, Idaho, dated May
9, 1979; and
(2) The Landmark Planning Unit Land Management Plan and Final
Environmental Statement, Boise National Forest, Idaho, dated May
17, 1979.
(b)(1) Any petition for review of the decision of the Secretary with
regard to any of the plans and environmental statements referenced in
this section, shall be filed in the United States District Court for the
District of Idaho (hereinafter referred to as "the court") within thirty
days after the final administrative decision of the Secretary required
by this section, or the petition shall be barred. Such court shall have
exclusive jurisdiction to determine such proceeding in accordance with
standard procedures as supplemented by procedures hereinafter provided
and no other district court of the United States shall have jurisdiction
over any such challenge in any proceeding instituted prior to, on, or
after the date of enactment of this Act.
(2) Notwithstanding any other provision of law, the court may set
rules governing the procedures of any such proceeding which set page
limits on briefs and time limits for filing briefs and motions and other
actions which are shorter than the limits specified in the Federal Rules
of Civil or Appellate Procedure.
(3) Any such proceeding before the court shall be assigned for
hearing and completed at the earliest possible date, and shall be
expedited in every way. The court shall render its final decision
relative to any challenge within one hundred and eighty days from the
date such challenge is brought unless the court determines that a longer
period of time is required to satisfy the requirements of the United
States Constitution.
(c) Any review of any decision of the United States District Court
for the District of Idaho shall be made by the Ninth Circuit Court of
Appeals of the United States and shall be assigned for hearing and
completed at the earliest possible date, and shall be expedited in every
possible way.
Approved July 23, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 96 - 838, Pt. 1 (Comm. on Interior and Insular
Affairs) and No. 96 - 1126 (Comm. of Conference).
SENATE REPORT No. 96 - 414 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
Vol. 125 (1979): Nov. 20, considered and passed Senate.
Vol. 126 (1980): Apr. 16, considered and passed House,
amended. June 26, Senate agreed to conference report. June 30,
July 1, House agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS:
Vol. 16, No. 30 (1980): July 23, Presidential statement.
PUBLIC LAW 96-311, 94 STAT, 947
of a selection pool under
the Cook Inlet land exchange.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Act of August
14, 1979 (93 Stat. 386), // 43 USC 1611 // is hereby amended to strike
"twelve" and insert in lieu thereof "thirty-six".
Approved July 17, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 1135 (Comm. on Interior and Insular Affairs).
CONGRESSIONAL RECORD, Vol. 126 (1980):
June 26, considered and passed House.
July 2, considered and passed Senate.
PUBLIC LAW 96-310, 94 STAT, 941, OCEAN THERMAL ENERGY CONVERSION
RESEARCH, DEVELOPMENT, AND DEMONSTRATION ACT.
program to achieve
early technology applications for ocean thermal energy
conversion systems, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act // 42 USC
9001 // may be cited as the " Ocean Thermal Energy Conversion Research,
Development, and Demonstration Act".
Sec. 2. // 42 UC 9001. // (a) The Congress finds that--,
(1) the supply of nonrenewable fuels in the United States is
slowly being depleted;
(2) alternative sources of energy must be developed;
(3) ocean thermal energy is a renewable energy resource that
can make a significant contribution to the energy needs of the
United States;
(4) the technology base for ocean thermal energy conversion has
improved over the past two years, and has consequently lowered the
technical risk involved in constructing moderatesized pilot plants
with an electrical generating capacity of about ten to forty
megawatts;
(5) while the Federal ocean thermal energy conversion program
has grown in size and scope over the past several years, it is in
the national interest to accelerate efforts to commercialize ocean
thermal energy conversion by building pilot and demonstration
facilities and to begin planning for the commercial demonstration
of ocean thermal energy conversion technology;
(6) a strong and innovative domestic industry committed to the
commercialization of ocean thermal energy conversion must be
established, and many competent domestic industrial groups are
already involved in ocean thermal energy conversion research and
development activity; and
(7) consistent with the findings of the Domestic Policy Review
on Solar Energy, ocean thermal energy conversion energy can
potentially contribute at least one-tenth of quad of energy per
year by the year 2000.
(b) Therefore, the purpose of this Act is to accelerate ocean thermal
energy conversion technology development to provide a technical base for
meeting the following goals:
(1) demonstration by 1986 of at least one hundred megawatts of
electrical capacity or energy product equivalent from ocean
thermal energy conversion systems;
(2) demonstration by 1989 of at least five hundred megawatts of
electrical capacity or energy product equivalent from ocean
thermal energy conversion systems;
(3) achievement in the mid-1990's, for the gulf coast region of
the continental United States and for islands in the United
States, its possessions and its territories, an average cost of
electricity or energy product equivalent produced by installed
ocean thermal energy conversion systems that is competitive with
conventional energy sources; and
(4)(4) establish as a national goal ten thousand megawatts of
electrical capacity or energy product equivalent from ocean
thermal energy conversion systems by the year 1999.
Sec. 3. // 42 USC 9002. // (a)(1) The Secretary is authorized and
directed to prepare a comprehensive program management plan for the
conduct under this Act of research, development, and demonstration
activities consistent with the provisions of sections 4, 5, and 6.
(2) In the preparation of such plan, the Secretary shall consult with
the Administrator of the National Oceanic and Atmospheric
Administration, the Administrator of the Maritime Administration, the
Administrator of the National Aeronautics and Space Administration, and
the heads of such other Federal agencies and such public and private
organizations as he deems appropriate.
(b) The Secretary shall transmit the comprehensive program management
plan to the Committee on Science and Technology of the House of
Representatives and the Committee on Energy and Natural Resources of the
Senate within nine months after the date of the enactment of this Act.
(c) The detailed description of the comprehensive plan under this
section shall include, but need not be limited to--,
(1) the anticipated research, development, and demonstration
objectives to be achieved by the program;
(2) the program strategies and technology application and
market development plans, including detailed milestone goals to be
achieved during the next fiscal year for all major activities and
projects;
(3) a five-year implementation schedule for program elements
with associated budget and program management resources
requirements;
(4) a detailed description of the functional organization of
the program management including identification of permanent test
facilities and of a lead center responsible for technology support
and project management;
(5) the estimated relative financial contributions of the
Federal Government and non-Federal participants in pilot and
demonstration projects;
(6) supporting research needed to solve problems which may
inhibit or limit development of ocean thermal energy conversion
systems; and
(7) an analysis of the environmental, economic, and societal
impacts of ocean thermal energy conversion facilities.
(d)(1) Concurrently with the submission of the President's annual
budget for each subsequent year, the Secretary shall transmit to the
Congress a detailed description of modifications which may be necessary
to revise appropriately the comprehensive plan as then in effect,
setting forth any changes in circumstances which may have occurred since
the plan or the last previous modification thereof was transmitted in
accordance with this section.
(2) Such description shall also include a detailed justification of
any such changes, a detailed description of the progress made toward
achieving the goals of this Act, a statement on the status of
interagency cooperation in meeting such goals, any comments on and
recommendations for improvements in the comprehensive program management
plan made by the Technical Panel established under section 8, and any
legislative or other recommendations which the Secretary may have to
help attain such goals.
Sec. 4. // 42 USC 9003. // (a) The Secretary shall initiate research
or accelerate existing research in areas in which the lack of knowledge
limits development of ocean thermal energy conversion systems in order
to achieve the purposes of this Act.
(b) The Secretary shall conduct evaluations, arrange for tests, and
disseminate to developers information, data, and materials necessary to
support the design efforts undertaken pursuant to section 5. Specific
technical areas to be addressed shall include, but not be limited to--,
(1) interface requirements between the platform and cold water
pipe;
(2) cold water pipe deployment techniques;
(3) heat exchangers;
(4) control system simulation;
(5) stationkeeping requirements; and
(6) energy delivery systems, such as electric cable or energy
product transport.
(c) The Secretary shall, for the purpose of performing his
reponsibilities pursuant to this Act, solicit proposals and evaluate any
reasonable new or improved technology, a description of which is
submitted to the Secretary in writing, which could lead or contribute to
the development of ocean thermal energy conversion system technology.
Sec. 5. // 42 USC 9004. // (a) The Secretary is authorized to
initiate a program to design, construct, and operate well instrumented
ocean thermal energy conversion facilities of sufficient size to
demonstrate the technical feasibility and potential economic feasibility
of utilizing the various forms of ocean thermal energy conversion to
displace non-renewable fuels. To achieve the goals of this section and
to facilitate development of a strong industrial basis for the
application of ocean thermal energy conversion system technolgy, at
least two independent parallel demonstration projects shall be
competitively selected.
(b) The specific goals of the demonstration program shall include at
a minimum--,
(1) the demonstration of ocean thermal energy conversion
technical feasibility through multiple pilot and demonstration
plants with a combined capacity of at least one hundred megawatts
of electrical capacity or energy product equivalent by the year
1986;
(2) the delivery of baseload electricity to utilities located
on land or the production of commercially attractive quantities of
energy product; and
(3) the continuous operation of each pilot and demonstration
facility for a sufficient period of time to collect and analyze
system performance and reliability data.
(c) In providing any financial assistance under this section, the
Secretary shall (1) give full consideration to those projects which will
provide energy to United States offshore States, its territories, and
its possessions and (2) seek satisfactory cost-sharing arrangements when
he deems such arrangements to be appropriate.
Sec. 6. // 42 USC 9005. // (a) The Secretary shall, in consultation
with the Administrator of the National Oceanic and Atmospheric
Administration, the Administrator of the Maritime Administration, the
Administrator of the National Aeronautics and Space Administration, and
the Technical Panel established under section 8, prepare a comprehensive
technology application and market development plan that will permit
realization of the ten-thousand-megawatt national goal by the year 1999.
Such plans shall include at a minimum--,
(1) an assessment of those Government actions required to
achieve a two-hundred- to four-hundred-megawatt
electrical-commercial demonstration of ocean thermal energy
conversion systems in time to have industry meet the goal
contained in section 2(b)(2) including a listing of those
financial, property, and patent right packages most likely to lead
to early commercial demonstration at minimum cost to the Federal
Government;
(2) an assessment of further Government actions required to
permit expansion of the domestic ocean thermal energy conversion
industry to meet the goal contained in section 2(b)(3);
(3) an analysis of further Government actions necessary to aid
the industry in minimizing and removing any legal and
institutional barriers such as the designation of a lead agency;
and
(4) an assessment of the necessary Government actions to assist
in eliminating economic uncertainties through financial
incentives, such as loan guarantees, price supports, or other
inducements.
(b) The Secretary shall transmit such comprehensive technology
application and market development plan to the Congress within three
years after the date of enactment of this Act, and update the plan on an
annual basis thereafter.
(c) As part of the competitive procurement initiative for design and
construction of the pilot and demonstration projects authorized in
section 10(c), each respondent shall include in its proposal (1) a plan
leading to a full-scale, first-of-a-kind facility based on a proposed
demonstration system; and (2) the financial and other contributions the
respondent will make toward meeting the national goals.
Sec. 7. // 42 USC 9006. // The Secretary shall, in fulfilling his
responsibilities under this Act, select program activities and set
priorities which are consistent with the following criteria:
(1) realization of energy production costs for ocean thermal
energy conversion systems that are competitive with costs from
conventional energy production systems;
(2) encouragement of projects for which contributions to
project costs are forthcoming from private, industrial, utility,
or governmental entities for the purpose of sharing with the
Federal Government the costs of purchasing and installin ocean
thermal energy conversion systems;
(3) promotion of ocean thermal energy conversion facilities for
coastal areas, islands, and isolated military institutions which
are vulnerable to interruption in the fossil fuel supply;
(4) preference for and priority to persons and domestic firms
whose base of operations is in the United States as will assure
that the program under this Act promotes the development of a
United States domestic technology for ocean thermal energy
conversion; and
(5) preference for proposals for pilot and demonstration
projects in which the respondents certify their intent to become
an integral part of the industrial infrastructure necessary to
meet the goals of this Act.
Sec. 8. // 42 USC 9007. // (a) A Technical Panel of the Energy
Research Advisory Board shall be established to advise the Board on the
conduct of the ocean thermal energy conversion program.
(b)(1) The Technical Panel shall be comprised of such representatives
from domestic industry, universities, Government laboratories,
financial, environmental and other organizations as the Chairman of the
Energy Research Advisory Board deems appropriate based on his assessment
of the technical and other qualifications of such representative.
(2) Members of the Technical Panel need not be members of the full
Energy Research Advisory Board.
(c) The activities of the Technical Panel shall be in compliance with
any laws and regulations guiding the activities of technical and
factfinding groups reporting to the Energy Research Advisory Board.
(d) The Technical Panel shall review and may make recommendations on
the following items, among others:
(1) implementation and conduct of the programs established by
this Act;
(2) definition of ocean thermal energy conversion system
performance requirements for various user applications; and
(3) economic, technological, and environmental consequences of
the deployment of ocean thermal energy conversion systems.
(e) The Technical Panel shall submit to the Energy Research Advisory
Board on at least an annual basis a written report of its findings and
recommendations with regard to the program. Such report, shall include
at a minimum--,
(1) a summary of the Panel's activities for the preceding year;
(2) an assessment and evaluation of the status of the programs
mandated by this Act; and
(3) comments on and recommendations for improvements in the
comprehensive program management plan required under section 3.
(f) After consideration of the Technical Panel report, the Energy
Research Advisory Board shall submit such report, together with any
comments such Board deems appropriate, to the Secretary.
(g) The heads of the departments, agencies, and instrumentalities of
the executive branch of the Federal Government shall cooperate with the
Technical Panel in carrying out the requirements of this section and
shall furnish to the Technical Panel such information as the Technical
Panel deems necessary to carry out this section.
(h) The Secretary shall provide sufficient staff, funds, and other
support as necessary to enable the Technical Panel to carry out the
functions described in this section.
Sec. 9. // 42 USC 9008. // As used in this Act, the term--,
(1) "ocean thermal energy conversion" means a method of
converting part of the heat from the Sun which is stored in the
surface layers of a body of water into electrical energy or energy
product equivalent;
(2) "energy product equivalent" means an energy carrier
including, but not limited to, ammonia, hydrogen, or molten salts
or an energy-intensive commodity, including, but not limited to,
electrometals, fresh water, or nutrients for aquaculture; and
(3) " Secretary" means the Secretary of Energy.
Sec. 10. // 42 USC 9009. // (a) There is hereby authorized to be
appropriated to carry out the purposes of this Act the sum of
$20,000,000 for operating expenses for the fiscal year ending September
30, 1981, in addition to any amounts authorized to be appropriated inthe
fiscal year 1981 Authorization Act // 42 USC 7270. // pursuant to
section 660 of Public Law 95 - 91.
(b) There is hereby authorized to be appropriated to carry out the
purposes of this Act the sum of $60,000,000 for operating expenses for
the fiscal year ending September 30, 1982.
(c) Funds are hereby authorized to be appropriated for fiscal year
1981 to carry out the purposes of section 5 of this Act for plant and
capital equipment as follows:
Project 81-ES-1, ocean thermal energy conversion demostration plants
with a combined capacity of at least one hundred megawatts electrical or
the energy product equivalent, sites to be determined, conceptual and
preliminary design activities only $5,000,000.
(d) Funds are hereby authorized to be appropriated for fiscal year
1982 to carry out the purposes of section 5 of this Act for plant and
capital equipment as follows:
Project 81-ES-1, ocean thermal energy conversion demonstration plants
with a combined capacity of at least one hundred megawatts electrical or
the energy product equivalent, sites to be determined, conceptual and
preliminary design activities only $25,000,000.
Approved July 17, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 1092 (Comm. on Science and Technology).
SENATE REPORT No. 96 - 501 accompanying S. 1830 (Comm. on Energy and
Natural Resources).
CONGRESSIONAL RECORD, Vol. 126 (1980):
Jan. 25, S. 1830 considered and passed Senate.
June 16, 17, H.R. 7474 considered and passed House.
June 28, considered and passed Senate, amended.
July 2, House concurred in Senate amendment to the title and
concurred in Senate amendment to the text with an amendment;
Senate concurred in House amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 16, No. 29:
July 18, Presidential statement.
PUBLIC LAW 96-309, 94 STAT, 940
and construct a gunite lining on
certain reaches of the Bessemer Ditch in the vicinity
of Pueblo, Colorado, to
prevent or reduce seepage damage on adjacent
properties, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Secretary of
the Interior is authorized to design and construct a gunite lining on
approximately eight thousand feet of the Bessemer Ditch in the vicinity
of Pueblo, Colorado, to prevent or reduce seepage damage on adjacent
properties. Nothing in this Act shall be construed in any
administrative or judicial proceeding as establishing congressional
acquiesence or approval of any theory of Federal liability for damages
or as establishing a precedent for Federal liability or responsibility
in any situation similar to that addressed by this Act.
Sec. 2. The design and construction costs of the works authorized by
this Act shall be included as capital costs of Pueblo Dam and Reservoir,
Fryingpan-Arkansas Project, Colorado, and shall be allocated to the
purposes served by Pueblo Dam and Reservoir in accordance with
procedures established pursuant to Federal Reclamation Law. The
Bessemer Irrigating Ditch Company, which owns, operates, and maintains
the Bessemer Ditch, shall be responsible for maintaining or replacing
the completed gunite lining authorized by this Act.
Sec. 3. There is hereby authorized to be appropriated for fiscal
year 1981 for the design and construction of approximately eight
thousand feet of gunite lining on the Bessemer Ditch in the vicinity of
Pueblo, Colorado, the sum of $1,500,000 (based on October 1979 prices),
plus or minus such amounts, if any, as may be justified by reason of
changes of construction costs as indicated by engineering cost indices
applicable to the type of construction involved.
Approved July 9, 1980.
LEGISLATIVE HISTORY:
SENATE REPORT No. 96 - 750 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 126 (1980):
May 22, considered and passed Senate.
June 27, considered and passed House.
PUBLIC LAW 96-308, 96 STAT, 939, SOFT DRINK INTERBAND COMPETITION
ACT.
provisions in licenses to manufacture,
distribute, and sell trademarked soft drink products
are lawful under the
antitrust laws.
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 3501 // may be cited as the " Soft
Drink Interbrand Competition Act".
Sec. 2. // 15 USC 3501. // Nothing contained in any antitrust law
shall render unlawful the inclusion and enforcement in any trademark
licensing contract or agreement, pursuant to which the licensee engages
in the manufacture (including manufacture by a sublicensee, agent, or
subcontractor), distribution, and sale of a trademarked soft drink
product, of provisions granting the licensee the sole and exclusive
right to manufacture, distribute, and sell such product in a defined
geographic area or limiting the licensee, directly or indirectly, to the
manufacture, distribution, and sale of such product only for ultimate
resale to consumers within a defined geographic area: Provided, That
such product is in substantial and effective competition with other
products of the same general class in the relevant market or markets.
Sec. 3. Nothing in this Act // 15 USC 3502. // shall be construed
to legalize the enforcement of provisions described in section 2 of this
Act in trademark licensing contracts or agreement described in that
section by means of price fixing agreements, horizontal restraints of
trade, or group boycotts, if such agreements, restraints, or boycotts
would otherwise be unlawful.
Sec. 4. // 15 USC 3501 // In the case of any proceeding instituted by
the United States described in subsection (i) of section 5 of the
Clayton Act (relating to suspension of the statute of limitations on the
institution of proceedings by the United States) (15 U.S.C. 16(i)) which
is pending on the date of the enactment of this Act, that subsection
shall not apply with respect to any right of action referred to in that
subsection based in whole or in part on any matter complained of in that
proceeding consisting of the existence or enforcement of any provision
described in section 2 of this Act in any trademark licensing contract
or agreement described in that section.
Sec. 5. As used in this Act, // 15 USC 3503. // the term "antitrust
law" means the Sherman Act (15 U.S.C. 1 et seq.), the Clayton Act (15
U.S.C. 12 et seq.), and the Federal Trade Commission Act (15 U.S.C. 41
et seq.).
Approved July 9, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 1118 accompanying H.R. 3567 (Comm. on the
Judiciary).
SENATE REPORT No. 96 - 645 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 126 (1980):
May 12 - 15, considered and passed Senate.
June 24, H.R. 3567 considered and passed House; passage
vacated and S. 598, amended, passed in lieu.
June 28, Senate agreed to House amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 16, No. 28:
July 10, Presidential statement.
PUBLIC LAW 96-307, 94 STAT, 938
Recognition Day".
Whereas the United States has fought in many wars;
Whereas thousands of Americans who served in such wars were captured
by the enemy or are missing in action;
Whereas many American prisoners of war were subjected to brutal and
inhuman treatment by their enemy captors in violation of international
codes and customs for the treatment of prisoners of war and many such
prisoners of war died from such treatment;
Whereas it is uncertain whether those Americans missing in action are
alive or dead and such uncertainty has caused their families to suffer
acute hardship; and
Whereas the sacrifices of American prisoners of war and Americans
missing in action and their families is deserving of national
recognition: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That July 18, 1980, is
designated as " National POW-MIA Recognition Day", and the President of
the United States is authorized and requested to issue a proclamation
calling upon the people of the United States to observe such day with
appropriate ceremonies and activities.
Approved July 8, 1980.
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, Vol. 126 (1980):
June 25, considered and passed Senate.
June 26, H.J. Res. 507 considered and passed House.
July 2, S.J. Res. 168 considered and passed House.
PUBLIC LAW 96-306, 94 STAT, 937
present on behalf of Congress a
specially struck gold-plated medal to the United
States Summer Olympic Team of
1980.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) the President
of the United States is authorized to present a gold-plated medal of
appropriate design, on behalf of the Congress, to those athletes
selected through the Olympic trial process to represent the United
States in the summer Olympics of 1980, in recognition of their
outstanding athletic achievements and of their determination in the
pursuit of excellence. For such purpose, the Secretary of the Treasury
is authorized and directed to cause to be stricken six hundred and fifty
gold-plated medals with suitable emblems, devices, and inscriptions to
be determined by the Secretary of the Treasury.
(b) The medals provided for in this Act are national medals for the
purpose of section 3551 of the Revised Statutes (31 U.S.C. 368).
(c) Funds to carry out the provisions of this Act, which shall not
exceed $50,000, shall be available from amounts currently appropriated
for the operation of the Bureau of the Mint. Such funds shall be fully
reimbursed from funds appropriated under the Amateur Sports Act of 1978.
// 36 USC 371 //
Approved July 8, 1980.
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, Vol. 126 (1980):
June 30, July 1, considered and passed House.
July 2, considered and passed Senate.
PUBLIC LAW 96-305, 94 STAT, 929, NAVAJO AND HOPI INDIAN RELOCATION
AMENDMENTS ACT OF 1980
the Hopi Indians, 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 // 25 USC
640d // may be cited as the " Navajo and Hopi Indian Relocation
Amendments Act of 1980".
Sec. 2. Section 8 of the Act of December 22, 1974 (88 Stat. 1712;
25 U.S.C. 640d), hereinafter referred to as the " Act of December 22,
1974", // 25 USC 640d-7. // is amended by striking all of subsection
(c) and inserting, in lieu thereof, the following:
"(c)(1) Either as a part of or in a proceeding supplementary to the
action authorized in subsection (a) of this section, either tribe,
through the chairman of its tribal council for and on behalf of the
tribe, including all villages, clans, and individual members thereof,
may prosecute or defend an action for the types of relief, including
interest, specified in section 18 of this Act, // 25 USC 640d-17. //
including all subsections thereof, against the other tribe, through its
tribal chairman in a like representative capacity, and against the
United States as to the types of recovery specified in subsection (a)(
3) of such section 18 and subject to the same provisions as contained in
said subsection, such action to apply to the lands in issue in the
reservation established by the Act of June 14, 1934 (48 Stat. 960).
"(2) In the event the Hopi Tribe or Navajo Tribe is determined to
have any interest in the lands in issue, the right of either tribe to
recover hereunder shall be based upon that percentage of the total sums
collected, use made, waste committed, and other amounts of recovery,
which is equal to the percentage of lands in issue in which either tribe
is determined to have such interest.
"(3) Neither laches nor the statute of limitations shall constitute a
defense to such proceedings if they are either prosecuted as a part of
the action authorized by this section or in a proceeding supplemental
thereto, if instituted not later than twenty-four months following a
final order of partition and exhaustion of appeals in an action filed
pursuant to this section.".
Sec. 3. Section 10 of the Act of December 22, 1974, // 25 USC
640d-9. // is amended by adding at the end thereof the following new
subsections:
"(c) The Secretary shall take such action as may be necessary in
order to assure the protection, until relocation, of the rights and
property of individuals subject to relocation pursuant to this Act, or
any judgment of partition pursuant thereto, including any individual
authorized to reside on land covered by a life estate conferred pursuant
to section 30 of this Act.
"(d) With respect to any individual subject to relocation, the
Secretary shall take such action as may be necessary to assure that such
individuals are not deprived of benefits or services by reason of their
status as an individual subject to relocation.
"(e)(1) Lands partitioned pursuant to this Act, whether or not the
partition order is subject to appeal, shall be subject to the
jurisdiction of the tribe to whom partitioned and the laws of such tribe
shall apply to such partitioned lands under the following schedule:
"(A) Effective ninety days after the date of enactment of this
subsection, all conservation practices, including grazing control
and range restoration activities, shall be coordinated and
executed with the concurrence of the tribe to whom the particular
lands in question have been partitioned, and all such grazing and
range restoration matters on the Navajo Reservation lands shall be
administered by the Bureau of Indian Affairs Navajo Area Office
and on the Hopi Reservation lands by the Bureau of Indian Affairs
Phoenix Area Office, under applicable laws and regulations.
"(B) Notwithstanding any provision of law to the contrary, each
tribe shall have such jurisdiction and authority over any lands
partitioned to it and all persons located thereon, not in conflict
with the laws and regulations referred to in paragraph (A) above,
to the same extent as is applicable to those other portions of its
reservation. Such jurisdiction and authority over partitioned
lands shall become effective April 18, 1981.
The provisions of this subsection shall be subject to the responsibility
of the Secretary to protect the rights and property of life tenants and
persons awaiting relocation as provided in subsections (c) and (d) of
this section.
"(f) Any development of lands in litigation pursuant to section 8 of
this Act and further defined as 'that portion of the Navajo Reservation
lying west of the Executive Order Reservation of 1882 and bounded on the
north and south by westerly extensions, to the reservation line, of the
northern and southern boundaries of said Executive Order Reservation,'
shall be carried out only upon the written consent of each tribe except
for the limited areas around the village of Moenkopi and around Tuba
City. Each such area has been heretofore designated by the Secretary.
' Development' as used herein shall mean any new construction or
improvement to the property and further includes public work projects,
power and water lines, public agency improvements, and associated
rights-of-way.".
Sec. 4. Section 11 of the Act of December 22, 1974, // 25 USC
640d-10. // is amended to read as follows:
" Sec. 11. (a) The Secretary is authorized and directed to--,
"(1) transfer not to exceed two hundred and fifty thousand
acres of lands under the jurisdiction of the Bureau of Land
Management within the State of Arizona and New Mexico to the
Navajo Tribe: Provided, That, in order to facilitate such
transfer, the Secretary is authorized to exchange such lands for
State or private lands of equal value or, if they are not equal,
the values shall be equalized by the payment of money to the
grantor or to the Secretary as the circumstances require so long
as payment does not exceed 25 per centum of the total value of the
lands transferred out of Federal ownership. The Secretary shall
try to reduce the payment to as small an amount as possible. Such
lands will be transferred without cost to the Navajo Tribe and
title thereto shall be taken by the United States in trust for the
benefit of the Navajo Tribe as a part of the Navajo Reservation;
"(2) on behalf of the United States, accept title to not to
exceed one hundred and fifty thousand acres of private lands
acquired by the Navajo Tribe. Title thereto shall be taken in the
name of the United States in trust for the benefit of the Navajo
Tribe as a part of the Navajo Reservation.
"(b) A border of any parcel of land so transferred or acquired shall
be within eighteen miles of the present boundary of the Navajo
Reservation: Provided, That, except as limited by subsection (g)
hereof, Bureau of Land Management lands anywhere within the States of
Arizona and New Mexico may be used for the purpose of exchanging for
lands within eighteen miles of the present boundary of the reservation.
"(c) Lands to be so transferred or acquired shall, for a period of
three years after the date of enactment of this subsection, be selected
by the Navajo Tribe after consultation with the Commission: Provided,
That, at the end of such period, the Commission shall have the authority
to select such lands after consultation with the Navajo Tribe: Provided
further, That not to exceed thirty-five thousand acres of lands so
transferred or acquired shall be selected within the State of New
Mexico.
"(d) The Commission, in consultation with the Secretary, shall within
sixty days following the first year of enactment of this subsection
report to the House Committee on Interior and Insular Affairs and the
Senate Select Committee on Indian Affairs, on the progress of the land
transfer program authorized in subsection (a) of this section. Sixty
days following the second year of enactment of this subsection the
Commission, in consultation with the Secretary, shall submit a report to
the House Committee on Interior and Insular Affairs and the Senate
Select Committee on Indian Affairs giving the status of the land
transfer program authorized in subsection (a) of this section, making
any recommendations that the Commission deems necessary to complete the
land transfer program.
"(e) Payments being made to any State or local government pursuant to
the provisions of the Act of October 20, 1976 (90 Stat. 2662; 31 U.
S.C. 1601 et seq.), on any lands transferred pursuant to subsection
(a)(1) of this section shall continue to be paid as if such transfer had
not occurred.
"(f)(1) For a period of three years after the date of enactment of
this subsection, the Secretary shall not accept title to lands acquired
pursuant to subsection (a)(2) of this section unless fee title to both
surface and subsurface has been acquired or the owner of the subsurface
interest consents to the acceptance of the surface interest in trust by
the Secretary.
"(2) If, ninety days prior to the expiration of such three year
period, the full entitlement of private lands has not been acquired by
the Navajo Tribe and accepted by the Secretary in trust for the Navajo
Tribe under the restrictions of paragraph (1) of this subsection, the
Commission, after public notice, shall, within thirty days, make a
report thereon to the House Committee on Interior and Insular Affairs
and the Senate Select Committee on Indian Affairs.
"(3) In any case where the Secretary accepts, in trust, title to the
surface of lands acquired pursuant to subsection (a)(2) of this section
where the subsurface interest is owned by third parties, the trust
status of such surface ownership and the inclusion of the land within
the Navajo Reservation shall not impair any existing right of the
subsurface owner to develop the subsurface interest and to have access
to the surface for the purpose of such development.
"(g) No public lands lying north and west of the Colorado River in
the State of Arizona shall be available for transfer under this section.
"(h) The lands transferred or acquired pursuant to this section shall
be administered by the Commission until relocation under the
Commission's plan is complete and such lands shall be used solely for
the benefit of Navajo families residing on Hopi-partitioned lands as of
the date of this subsection who are awaiting relocation under this Act.
"(i) The Commission shall have authority to enter into negotiations
with the Navajo and Hopi Tribes with a view to arranging and carrying
out land exchanges or leases, or both, between such tribes; and lands
which may be acquired or transferred pursuant to this section may, with
the approval of the Commission, be included in any land exchange between
the tribes authorized under section 23 of this Act.". // 25 USC 640d-22.
//
Sec. 5. Section 12 of the Act of December 22, 1974, // 25 USC
640d-11. // is amended by--,
(1) inserting, in paragraph (1) of subsection (g), the phrase
"an independent legal counsel," after the phrase " Executive
Director,";
(2) amending subsection (h) to read as follows:
"(h) The Commission is authorized to provide for its own
administrative, fiscal, and housekeeping services.";
(3) redesignating subsection (i) as subsection (j) and
inserting new subsection (i) as follows:
"(i)(1) The Commission is authorized to call upon any department or
agency of the United States to assist the Commission in implementing its
relocation plan and completing relocation within the time required by
law, except that the control over and responsibility for completing
relocation shall remain in the Commission. In any case in which the
Commission calls upon any such department or agency for assistance under
this section, such department or agency shall provide reasonable
assistance so requested.
"(2) On failure of any agency to provide reasonable assistance as
required under paragraph (1) of this subsection, the Commission shall
report such failure to the Congress.".
Sec. 6. Clause (5) of section 13(c) of the Act of December 22, 1974,
// 25 USC 640d-12. // is amended by striking the word "thirty" and
inserting, in lieu thereof, the word "ninety".
Sec. 7. Section 15 of the Act of December 22, 1974, // 25 USC
640d-14. // is amended by adding at the end thereof a new subsection
(f) as follows:
"(f) Notwithstanding any other provision of law to the contrary, the
Commission shall on a preferential basis provide relocation assistance
and relocation housing under subsections (b), (c), and (d) of this
section to the head of each household of members of the Navajo Tribe who
were evicted from the Hopi Indian Reservation as a consequence of the
decision in the case of United States v. Kabinto (456 F.2d 1087 (1972)):
Provided, That such heads of households have not already received
equivalent assistance from Federal agencies.".
Sec. 8. Section 19 of the Act of December 22, 1974, // 25 USC
640d-18. // is amended by adding a new subsection (c) as follows:
"(c)(1) Surveying, monumenting, and fencing as required by subsection
(b) of this section shall be completed within twelve months after the
date of enactment of this subsection with respect to lands partitioned
pursuant to section 4 of this Act // 25 USC 640d-3. // and within
twelve months after a final order of partition with respect to any lands
partitioned pursuant to section 8 of this Act.
"(2) The livestock reduction program required under subsection (a) of
this section shall be completed within eighteen months after the date of
enactment of this subsection.".
Sec. 9. Section 23 of the Act of December 22, 1974, // 25 USC
640d-22. // is amended by adding the following sentence at the end
thereof: " In the event that the tribes should negotiate and agree on
an exchange of lands pursuant to authority granted herein the Commission
shall make available 125 per centum of the relocation benefits provided
in sections 14 and 15 of this Act // 25 USC 640d-13. // to members of
either tribe living on land to be exchanged to other than his or her own
tribe, except that such benefits shall be available only if, within one
hundred and eighty days of the agreement, a majority of the adult
members of the tribe who would be eligible to relocate from exchanged
lands sign a contract with the Commission to relocate within twelve
months of the agreement or such later time as determined by the
Commission and such additional benefits shall only be paid to those who
actually relocate within such period.".
Sec. 10. (a) Section 25(a)(5) of the Act of December 22, 1974, as
amended by the Act of July 30, 1979 (Public Law 96 - 40), // 93 Stat.
318. 25 USC 640d-24. // is further amended by striking the figure
"$1,000,000" and inserting, in lieu thereof, the figure "$4,000,000":
Provided, That no new budget authority for fiscal year 1980 is
authorized to be appropriated.
(b) Section 25(a) of the Act of December 22, 1974, is further amended
by adding at the end thereof the following new paragraph:
"(7) For the purpose of carrying out the provisions of subsection (i)
of section 30 of this Act, as amended, there is authorized to be
appropriated, effective in fiscal year 1981, not to exceed $1,000,000
annually.".
Sec. 11. The Act of December 22, 1974, is amended by adding at the
end thereof the following new sections:
" Sec. 27. (a) To facilitate and expedite the relocation efforts of
the Commission, there is hereby authorized to be appropriated annually,
effective in fiscal year 1981, // 25 USC 640d-25. // not to exceed
$6,000,000 as a discretionary fund.
"(b) Such funds may only be used by the Commission to--,
"(1) match or pay not to exceed 30 per centum of any grant,
contract, or other expenditure of the Federal Government, State or
local government, tribal government or chapter, or private
organization for the benefit of the Navajo or Hopi Tribe, if such
grant, contract, or expenditure would significantly assist the
Commission in carrying out its responsibilities or assist either
tribe in meeting the burdens imposed by this Act;
"(2) engage or participate, either directly or by contract, in
demonstration efforts to employ innovative energy or other
technologies in providing housing and related facilities and
services in the relocation and resettlement of individuals under
this Act.
Not to exceed 5 per centum of such funds may be used for the
administrative expenses of the Commission in carrying out this section.
"(c) The Secretary of the Interior and the Secretary of Health and
Human Services, as appropriate, shall assign the highest priority, in
the next fiscal year after the date of enactment of this subsection to
the funding and construction of the Hopi high school and Hopi medical
center consistent with any plans already completed and approved by
appropriate agencies of the respective departments.
" Sec. 28. (a) No action taken pursuant to, in furtherance of, or as
authorized by this Act, as amended, // 25 USC 640d-26. // shall be
deemed a major Federal action for purposes of the National Environmental
Policy Act of 1969, as amended. // 42 USC 4321 //
"(b) Any transfer of public lands pursuant to this Act shall be made
notwithstanding the provisions of sections 603 and 402(g) of the Federal
Land Policy and Management Act (Public Law 94 - 579; 40 U.S.C. 1701 et
seq.). // 43 USC 1782, 1752. //
" Sec. 29. (a) In any litigation or court action between or among
the Hopi Tribe, the Navajo Tribe and the United States or any of its
officials, departments, agencies, or instrumentalities, arising out of
the interpretation or implementation of this Act, // 25 USC 640d-27 //
as amended, the Secretary shall pay, subject to the availability of
appropriations, attorney's fees, costs and expenses as determined by the
Secretary to be reasonable. For each tribe, there is hereby authorized
to be appropriated not to exceed $120,000 in fiscal year 1981, $130,000
in fiscal year 1982, $140,000 in fiscal year 1983, $150,000 in fiscal
year 1984, and $160,000 in fiscal year 1985, and each succeeding year
thereafter until such litigation or court action is finally completed.
"(b) Upon the entry of a final judgment in any such litigation or
court action, the court shall award reasonable attorney's fees, costs
and expenses to the party, other than the United States or its
officials, departments, agencies, or instrumentalities, which prevails
or substantially prevails, where it finds that any opposing party has
unreasonably initiated or contested such litigation. Any party to whom
such an award has been made shall reimburse the United States out of
such award to the extent that it has received payments pursuant to
subsection (a) of this section.
"(c) To the extent that any award made to a party against the United
States pursuant to subsection (b) of this section exceeds the amount
paid to such party by the United States pursuant to subsection (a) of
this section, such difference shall be treated as if it were a final
judgment of the Court of Claims under section 2517 of title 28, United
States Code.
"(d) This section shall apply to any litigation or court action
pending upon the date of enactment of this section in which a final
order, decree, judgment has not been entered, but shall not apply to any
action authorized by section 8 or 18(a) of this Act. // USC 640d-17. //
" Sec. 30. (a) Paragraph (4) of section 5(a) of the Act of December
22, 1974, // 25 USC 640d-4. // is repealed.
"(b) Any Navajo head of household who desires to do so may submit an
application for a life estate lease to the Commission. Such application
shall contain such information as the Commission may prescribe by
regulation, such regulation to be promulgated by the Commission within
ninety days of enactment of this subsection. To be considered, such
application must by filed with the Commission on or before April 1,
1981: Provided, That the Commission may, for good cause, grant an
extension of one hundred and eighty days.
"(c) Upon receipt of applications filed pursuant to this section, the
Commission shall group them in the following order:
"(A) Applicants who are determined to be at least 50 per centum
disabled as certified by a physician approved by the Commission.
Such applicants shall be ranked in the order of the severity of
their disability.
"(B) Applicants who are not at least 50 per centum disabled
shall be ranked in order of their age with oldest listed first and
the youngest listed last: Provided, That, if any applicant
physically resides in quarter quad Nos. 78 NW, 77 NE, 77 NW, 55
SW, or 54 SE as designated on the Mediator's partition map, such
applicant shall be given priority over another applicant of equal
age.
"(C) Applicants who did not, as of December 22, 1974, and
continuously thereafter, maintain a separate place of abode and
actually remain domiciled on Hopi partitioned lands, and who, but
for this subsection would be required to relocate, shall be
rejected by the Commission.
"(D) Applicants who were not at least forty-nine years of age
on December 22, 1974, or are not at least 50 per centum disabled,
shall also be rejected by the Commission.
"(d) The Commission shall have authority to award life estate leases
to not more than one hundred and twenty applicants with first priority
being given to applicants listed pursuant to subsection (c)(A) and the
next priority being given to the applicants listed pursuant to
subsection (c)(B), in order of such listing.
"(e) Each life estate lease shall consist of a fenced area not
exceeding ninety acres of land which shall include the life tenant's
present residence and may be used by the life tenant to feed not to
exceed twenty-five sheep units per year or equivalent livestock. The
Secretary, under existing authority, shall make available to life estate
tenants such assistance during that tenure, as may be necessary to
enable such tenant to feed such livestock at an adequate nutritional
level.
"(f) No person may reside on a life estate other than the life
tenant, his or her spouse, and minor dependents, and/or such persons who
are necessarily present to provide for the care of the life tenant. The
Commission shall promulgate regulations to carry out the intent of this
subsection.
"(g) The life estate tenure shall end by voluntary relinquishment, or
at the death of the life tenant or the death of his or her spouse,
whichever occurs last: Provided, That each survivorship right shall
apply only to those persons who were lawfully married to each other on
or before the date of enactment of this subsection.
"(h) Nothing in this section shall be construed as prohibiting any
such applicant who receives a life estate lease under this section from
relinquishing, prior to its termination, such estate at any time and
voluntarily relocating. Upon voluntary relinquishment of such estate,
by such means or instrument as the Secretary shall prescribe, such
applicant shall be entitled to relocation benefits from the Secretary
comparable to those provided by section 15 of this Act. For life estates
terminated by the death of the life tenant or his or her surviving
spouse, compensation shall be paid to the estate of the deceased life
tenant or surviving spouse based on the fair market value of the
habitation and improvements at the time of the expiration of such tenure
and not before. Such payment shall be in lieu of any other payment
pursuant to subsection (a) of section 15 of this Act. Assistance
provided pursuant to section 15(b) of this Act, as amended, shall be
paid to any head of household lawfully residing on such life estate
pursuant to subsection (f) of this subsection who is required to move by
the termination of such life estate by the death of the life tenant and
his or her surviving spouse and who does not maintain a residence
elsewhere. Compensation under section 15(a) shall be paid and
distributed in accordance with the last will and testament of the life
tenant or surviving spouse or, in the event no valid last will and
testament is left, compensation shall be paid and distributed to his or
her heirs in accordance with existing Federal law. Upon termination of
a life estate by whatever means, the dependents residing with the
individuals having such life estate so terminated shall have ninety days
following such termination within which to relocate.
"(i) The Secretary shall pay, on an annual basis, the fair market
rental value of such life estate leases to the tribe to whom the lands
leased were partitioned.
"(j) Nothing in this Act or any other law shall be construed to
prevent a life tenant from making reasonable improvements on the life
estate which are related to the residence and agricultural purposes of
the life tenancy.
"(k) The Commission is authorized to grant not to exceed ten
additional life estate leases to Hopi heads of household residing on
Navajo-partitioned lands under such terms of this section as may be
appropriate.".
Approved July 8, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 96 - 544 accompanying H.R. 5262 (Comm. on
Interior and Insular Affairs) and No. 96 - 1094 (Comm. of Conference).
SENATE REPORT No. 96 - 373 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD:
Vol. 125 (1979): Oct. 24, considered and passed Senate. Oct.
29, H.R. 5262 considered and passed House; passage vacated and S.
751, amended, passed in lieu.
Vol. 126 (1980): June 25, House agreed to conference report
and receded from its amendment to the title. June 26, Senate
agreed to conference report.
PUBLIC LAW 96-304, 94 STAT, 857, SUPPLEMENTAL APPROPRIATIONS AND
RESCISSON ACT, 1980
ending September 30, 1980,
rescinding certain budget authority, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, to supply supplemental appropriations (this Act may be
cited as the " Supplemental Appropriations and Rescission Act, 1980")
for the fiscal year ending September 30, 1980, that the following
rescissions of budget authority are made, and for other purposes,
namely:
Of the funds appropriated under this head in Public Law 96-108, // 93
Stat. 822. // making appropriations for fiscal year 1980, $1,200,000
are rescinded.
Of the funds appropriated under this head in Public Law 96 - 108,
making appropriations for special research grants for fiscal year 1980,
$2,500,000 are rescinded.
Of the funds appropriated under this head in Public Law 96 - 108,
making appropriations for competitive research grants for fiscal year
1980, $500,000 are rescinded.
For an additional amount for "farm ownership loans", $100,000,000.
Of the funds appropriated under this head in Public Law 96 - 108, //
93 Stat. 831. // making appropriations for fiscal year 1980,$
10,000,000 are rescinded.
Of the funds appropriated under this head in Public Laws 95 - 448 //
92 Stat. 1083. // and 96 - 108, // 93 Stat. 831. // making
appropriations for fiscal years 1979 and 1980, $10,000,000 are
rescinded.
Of the funds appropriated under this head in Public Law 96 - 108,
making appropriations for fiscal year 1980, $1,000,000 are rescinded.
For an additional amount for " Conservation Operations", $3,000,000,
to remain available until September 30, 1981.
For an additional amount for emergency measures as provided by
sections 403 - 405 of the Agricultural Credit Act of 1978, $20,000,000,
to remain available until expended: Provided, That these funds shall be
available to pay for up to 90 percent of the costs of the emergency
measures. WATERSHED AND FLOOD PREVENTION OPERATIONS
Of the funds appropriated under this head in Public Law 96 - 108,
making appropriations available for fiscal year 1980, $2,000,000 are
rescinded.
For an additional amount for " Emergency Conservation Program",
$20,000,000, to remain available until expended.
For an additional amount for " Child Nutrition Programs",
$312,400,000, of which up to $243,000,000 may be transferred to and
merged with the Food Stamp Program Appropriation.
For an additional amount for the " Special Milk Program",
$14,800,000: Provided, That none of the funds appropriated in this Act
may be used for payments which exceed five cents per half-pint of milk
served after September 1, 1980, which is served to children who are not
eligible for free milk and which is served in schools, child care
institutions, and summer camps participating in meal service programs
authorized under the National School Lunch Act // 42 USC 1751 // and the
Child Nutrition Act of 1966. // 42 USC 1771 //
For an additional amount for the " Commodity Supplemental Food
Program", $250,000.
For an additional amount for the " Food Stamp Program", $203,226,000.
For an additional amount for the " Food Donations Programs",
$16,044,000.
Of the funds appropriated under this head in Public Law 96 - 108, //
93 Stat. 839 // making appropriations available for fiscal year 1980,
$500,000 are rescinded.
For an additional amount for " Public Law 480", // 93 Stat. 839. //
$142,860,000. The authorized program level and the amount appropriated
for titles I and III // 7 USC 1701,1727. // shall be increased by
$20,000,000, and the authorized program level and the amount
appropriated for title II // 7 USC 1721. // shall be increased by
$122,860,000.
For an additional amount for " Military personnel, Army",
$43,073,000, and in addition, $46,919,000, of which $849,000 shall be
derived by transfer from " Aircraft procurement, Army, 1978/1980";
$357,000 shall be derived by transfer from " Missile procurement, Army,
1978/1980";$1,161,000 shall be derived by transfer from " Procurement of
weapons and tracked combat vehicles, Army, 1978/1980"; $15,104,000
shall be derived by transfer from " Procurement of ammunition, Army,
1978/1980"; $10,048,000 shall be derived by transfer from " Other
procurement, Army, 1978/1980"; $2,000,000 shall be derived by transfer
from " Research, development, test, and evaluation, Army, 1979/1980";
$497,000 shall be derived by transfer from " Aircraft procurement, Army,
1979/1981"; $91,000 shall be derived by transfer from " Missile
procurement, Army, 1979/1981"; $655,000 shall be derived by transfer
from " Procurement of weapons and tracked combat vehicles, Army, 1979/
1981"; $1,557,000 shall be derived by transfer from " Procurement of
ammunition, Army, 1979/1981"; and $14,600,000 shall be derived by
transfer from " Other procurement, Army, 1980/1982".
For an additional amount for " Military personnel, Navy",
$24,500,000, and in addition, $24,572,000 which shall be derived by
transfer from " Weapons procurement, Navy, 1978/1980".
For an additional amount for " Military personnel, Marine Corps",
$6,200,000, and in addition, $8,121,000 which shall be derived by
transfer from " Weapons procurement, Navy, 1978/1980".
For an additional amount for " Military personnel, Air Force",
$32,680,000, and in addition, $26,646,000, of which $16,000,000 shall be
derived by transfer from " Aircraft procurement, Air Force, 1978/ 1980";
$7,500,000 shall be derived by transfer from " Missile procurement Air
Force, 1978/1980"; and $3,146,000 shall be derived by transfer from "
Other procurement, Air Force, 1978/1980".
For an additional amount for " Reserve personnel, Navy", $2,329,000,
and in addition, $1,775,000 which shall be derived by transfer from "
Weapons procurement, Navy, 1978/1980": Provided, That the funds
available from this appropriation may be used to reimburse Navy
Reservists travelling under permissive orders to active duty for
training.
For an additional amount for " Reserve personnel, Marine Corps",
$1,000,000, and in addition, $1,108,000 which shall be derived by
transfer from " Aircraft procurement, Navy, 1978/1980".
For an additional amount for " Retired pay, Defense",
$513,200,000.
For an additional amount for " Operation and maintenance, Army,
$410,200,000, and in addition, $67,856,000, of which $397,000 shall be
derived by transfer from " Procurement of ammunition, Army, 1979/ 1981";
$2,562,000 shall be derived by transfer from " Operation and
maintenance, Defense Agencies, 1980"; $1,100,000 shall be derived by
transfer from " Aircraft procurement, Army, 1980/1982"; $26,600,000
shall be derived by transfer from " Procurement of weapons and tracked
combat vehicles, Army, 1980/1982"; $3,000,000 shall be derived by
transfer from " Missile procurement, Army, 1980/1982"; and $34,197,000
shall be derived by transfer from the subdivision " FFG-7 guided missile
frigate program" of " Shipbuilding and conversion, Navy, 1980/ 1984".
For an additional amount for " Operation and maintenance, Navy",
$1,010,218,000, and in addition, $245,600,000, of which $58,609,000
shall be derived by transfer from " Aircraft procurement, Air Force,
1978/1980"; $6,892,000 shall be derived by transfer from " Aircraft
procurement, Navy, 1978/1980"; $532,000 shall be derived by transfer
from " Weapons procurement, Navy, 1978/1980"; $5,900,000 shall be
derived by transfer from " Other procurement, Navy, 1978/1980";
$6,700,000 shall be derived by transfer from " Aircraft procurement, Air
Force, 1979/1981"; $14,600,000 shall be derived by transfer from "
Missile procurement, Air Force, 1979/1981"; $20,000,000 shall be
derived by transfer from " Other procurement, Air Force, 1979/1981";
$8,167,000 shall be derived by transfer from " Research, development,
test, and evaluation, Navy, 1979/1980"; $12,000,000 shall be derived by
transfer from Aircraft procurement, Navy, 1979/1981"; $19,000,000 shall
be derived by transfer from " Weapons procurement, Navy, 1979/ 1981";
$5,200,000 shall be derived by transfer from " Other procurement, Navy,
1979/1981"; $10,400,000 shall be derived by transfer from " Procurement
of weapons and tracked combat vehicles, Army, 1980/1982"; $40,900,000
shall be derived by transfer from " Aircraft procurement, Navy,
1980/1982"; $6,000,000 shall be derived by transfer from the
subdivision " FFG-7 guided missile frigate program" of " Shipbuilding
and conversion, Navy, 1980/1984"; $7,300,000 shall be derived by
transfer from " Other procurement, Navy, 1980/1982"; $8,400,000 shall
be derived by transfer from " Research, development, test and
evaluation, Navy, 1980/1981"; and $15,000,000 shall be derived by
transfer from " Operation and maintenance, Navy Reserve, 1980".
For an additional amount for " Operation and maintenance, Marine
Corps", $30,844,000, and in addition, $27,100,000 which shall be derived
by transfer from " Aircraft procurement, Air Force, 1978/ 1980".
For an additional amount for " Operation and maintenance, Air Force",
$1,255,209,000, and in addition, $62,445,000, of which $4,100,000 shal
be derived by transfer from " Missile procurement, Air Force,
1978/1980"; $31,754,000 shall be derived by transfer from " Other
procurement, Air Force, 1978/1980"; $6,891,000 shall be derived by
transfer from " Aircraft procurement, Air Force, 1978/ 1980"; and
$9,500,000 shall be derived by transfer from " Missile procurement, Air
Force, 1980/1982", $600,000 shall be derived by transfer from "
Procurement, Defense Agencies, 1980/1982", and $9,600,000 shall be
derived by transfer from " Research, development, test and evaluation,
Air Force, 1980/1981".
For an additional amount for " Operation and maintenance, Army
Reserve", $6,920,000.
For an additional amount for " Operation and maintenance, Navy
Reserve", $44,977,000.
For an additional amount for " Operation and maintenance, Marine
Corps Reserve", $372,000.
For an additional amount for " Operation and maintenance, Air Force
Reserve", $58,285,000.
For an additional amount for " Operation and maintenance, Army
National Guard", $13,483,000.
For an additional amount for " Operation and maintenance, Air
National Guard", $126,990,000.
For an additional amount for " Missile procurement, Army, 1980/
1982", $2,400,000, which shall be derived by transfer from " Research,
development, test and evaluation, Defense Agencies,1980/1981", to remain
available for obligation until September 30, 1982.
For an additional amount for " Procurement of ammunition, Army,
1980/1982", $14,500,000, of which $2,400,000 shall be derived by
transfer from " Procurement of weapons and tracked combat vehicles,
Army, 1980/1982", and $12,100,000 shall be derived by transfer from "
Aircraft procurement, Navy, 1980/1982", to remain available for
obligation until September 30, 1982.
For an additional amount for " Other procurement, Army, 1980/ 1982",
$4,400,000, which shall be derived by transfer from " Procurement of
weapons and tracked combat vehicles, Army, 1980/1982", to remain
available for obligation until September 30, 1982.
For an additional amount for " Weapons procurement, Navy, 1980/
1982", $3,700,000, which shall be derived by transfer from " Procurement
of weapons and tracked combat vehicles, Army, 1980/1982", to remain
available for obligation until September 30, 1982.
For an additional amount for " Shipbuilding and conversion, Navy,
1980/1984", $9,920,000, as follows: $600,000 for the Trident submarine
program; $9,000,000 for the SSN-688 nuclear attack submarine program;
$200,000 for the T-AGOS SURTASS ship program; and $120,000 for craft,
outfitting, post delivery, cost growth, and escalation on prior year
programs; to be derived by transfer from the subdivision " FFG-7 guided
missile frigate program" of " Shipbuilding and conversion, Navy,
1980/1984", to remain available until September 30, 1984.
For an additional amount for " Aircraft procurement, Air Force,
1980/1982", $17,000,000, which shall be derived by transfer from the
subdivision " FFG-7 guided missile frigate program" of " Shipbuilding
and conversion, Navy, 1980/1984", to remain available until September
30, 1982.
For an additional amount for " Other procurement, Air Force, 1980/
1982", $68,000,000, of which $18,517,000 shall be derived by transfer
from " Aircraft procurement, Air Force, 1980/1982"; $33,383,000 shall
be derived by transfer from the subdivision " FFG-7 guided missile
frigate program" of " Shipbuilding and conversion, Navy, 1980/1984";
$10,100,000 shall be derived by transfer from " Research, development,
test and evaluation, Air Force, 1979/1980", and $6,000,000 shall be
derived by transfer from " Other procurement, Air Force, 1978/1980", to
remain available for obligation until September 30, 1982.
For an additional amount for " Research, development, test, and
evaluation, Army, 1980/1981", $1,200,000, which shall be derived by
transfer from " Procurement of weapons and tracked combat vehicles,
Army, 1980/1982", to remain available for obligation until September 30,
1981.
The limitation contained in section 749 of the Department of Defense
Appropriation Act, 1980, // 93 Stat. 1160. // is increased to
$27,000,000.
Of the amount appropriated in the appropriation, " Shipbuilding and
conversion, Navy", $96,800,000 which would expire for obligation on
September 30, 1980 shall remain available for obligation until September
30, 1982. Funds provided in a Department of Defense Appropriation Act
for " Shipbuilding and conversion, Navy", // 93 Stat. 1147. //
currently available for obligation, may hereafter be transferred within
the same appropriation contained in such an Act between the subdivisions
thereof, subject to the notification and approval procedures specified
in section 734 of the Department of Defense Appropriation Act, 1980. //
93 Stat. 1158. //
The amount that may be transferred pursuant to section 734 of the
Department of Defense Appropriation Act, 1980, is hereby increased to
$1,000,000,000.
Appropriations or funds available to the Department of Defense may be
transferred to fiscal year 1980 Department of Defense appropriations for
Research, development, test, and evaluation to the extent necessary to
meet increased pay costs authorized by or pursuant to law.
For expenses necessary for the President to provide resettlement
assistance pursuant to section 405(c)(2) of the International Security
and Development Assistance Act of 1980, or pursuant to the Refugee Act
of 1980, or pursuant to the Immigration and Nationality Act, // 8 USC
1101. // not to exceed $100,000,000, to remain available until
expended. Of the foregoing amount $50,000,000 shall become available on
On October 1, 1980. Funds appropriated in this paragraph shall be
available solely for reimbursement to State and local governments for
fiscal years 1980 and 1981 for cash and medical assistance and social
services costs related to Cuban/ Haitian entrants (status pending) only
to the extent that such assistance shall become authorized under the
Immigration and Nationality Act, the Refugee Act of 1980 or the
Internation Security Act of 1980.
For an additional amount for " Salaries and expenses", $6,500,000, to
remain available until expended.
For an additional amount for " Federal payment to the District of
Columbia", for the fiscal year ending September 30, 1980, $38,300,000,
as authorized by the District of Columbia Self-Government and
Governmental Reorganization Act, Public Law 93 - 198, as amended (D.C.
Code 47 - 2501d), of which $12,464,100 shall be solely for the District
of Columbia contribution to the Police Officers and Firefighters',
Teachers', and Judges' Retirement Funds as authorized by Public Law 96 -
122, approved November 17, 1979 (93 Stat. 866).
For the Federal contribution to the Police Officers and
Firefighters', Teachers', and Judges' Retirement Funds as authorized by
Public Law 96 - 122, approved November 17, 1979 (93 Stat. 866),
$52,070,000.
OUTLAY
Loan authority provided under this head in the District of Columbia
Appropriation Act, 1980 (Public Law 96 - 93, approved October 30, 1979),
// 93 Stat. 713. // is hereby rescinded in the amount of $21,129,700.
For an additional amount for " Governmental direction and support",
$6,610,900: Provided, That $6,500,000 of this appropriation, to remain
available until expended, together with previous appropriations for this
purpose shall be for the District of Columbia's contribution toward the
expenses of the Temporary Commission on Financial Oversight of the
District of Columbia, as authorized by Public Law 94 - 399, approved
September 4, 1976, as amended, // D.C. Code 47 - 101. // and shall be
transferred to the Commission upon request of the Executive Director and
the General Accounting Office.
For an additional amount for " Public safety and justice",
$3,278,600, which $1,400,000 shall be available solely for payment to
the Federal Bureau of Prisons.
For an additional amount for " Public education system", $2,903,300
for the District of Columbia Public Schools: Provided, That $6,177,400
in budget authority for the District of Columbia Public Schools
appropriated under this head in the District of Columbia Appropriation
Act, 1980 (Public Law 96 - 93, approved October 30, 1979), // 93 Stat.
715. // is hereby rescinded.
For and additional amount for " Human support services", $9,500,000:
Provided, That $2,227,700 of this appropriation shall be available
solely for reimbursements to Saint Elizabeths Hospital: Provided
further, That total reimbursements to Saint Elizabeths Hospital,
including funds from title XIX of the Social Security Act, // 42 USC
1396. // shall not exceed $20,919,500.
For an additional amount " Environmental services and supply",
$3,710,100.
For an additional amount for " Personal services", $5,167,000.
For payment to the Police Officers and Fire Fighters', Teachers', and
Judges' Retirement Funds as authorized by Public Law 96 - 122, approved
November 17, 1979 (93 Stat. 866), $16,997,900.
For an additional amount for " Capital outlay", to remain available
until expended, $6,816,200: Provided, That $260,000 shall be available
for construction services by the Director of the Department of General
Services or by contract for architectural engineering services, as may
be determined by the Mayor, and the funds for the use of the Director of
the Department of General Services shall be advanced to the
appropriation account " Construction services, Department of General
Services".
The sums appropriated herein for the District of Columbia shall be
paid out of the general fund of the District of Columbia, except as
otherwise specifically provided.
For an additional amount for " Operating Expenses, Energy Supply,
Research and Development Activities", $13,000,000, to remain available
until expended.
Of the funds appropriated for " Operating Expenses, Energy Supply,
Research and Development Activities" in Public Law 96 - 69 // 93 Stat.
437. / and other Acts making appropriations for Energy and Water
Development, $44,350,000 are rescinded, and $50,500,000 are deferred for
obligation until October 1, 1980.
For an additional amount for " Operating Expenses, Uranium Supply and
Enrichment Activities", $235,600,000, to remain avaiable until expended,
of which $50,000,000 shall be derived from funds previously appropriated
for contract prefinancing accounts for uranium enrichment activities and
which sum is to be restored to the contract prefinancing accounts from
anticipated fiscal year 1981 revenues from enriching services.
Of the funds appropriated for " Operating Expenses, Uranium Supply
and Enrichment Activities" in Public Law 96 - 69 // 93 Stat. 437. //
and other Acts making appropriations for Energy and Water Development,
$4,000,000 are rescinded.
Of the funds appropriated for " Operating Expenses, General Science
and Research Activities", in Public Law 96 - 69 and other Acts making
appropriations for Energy and Water Development, $2,000,000 are
rescinded.
For an additional amount for " Operating Expenses, Atomic Energy
Defense Activities", $31,400,000, to remain available until expended.
Of the funds appropriated for " Operating Expenses, Atomic Energy
Defense Activities" in Public Law 96 - 69 and other Acts making
appropriations for Energy and Water Development, $6,400,000 are
rescinded, and $1,000,000 are deferred for obligation until October 1,
1980.
Notwithstanding the provisions of Public Law 96 - 69 appropriating
$6,165,000 for the Office of the Inspector General, those funds
determined by that Office to be in excess of the amount required to pay
for the salaries and expenses of that Office shall be made available for
obligation for the salaries and expenses of other organizations funded
by this appropriation.
Of the funds appropriated for " Operating Expenses, Departmental
Administration" in Public Law 96 - 69 // 93 Stat. 438. // and other
Acts making appropriations for Energy and Water Development, $31,725,000
are rescinded.
Of the funds appropriated for " Plant and Capital Equipment, Energy
Supply, Research and Development Activities" in Public Law 96 - 69 and
other Acts making appropriations for Energy and Water Development,
$5,150,000 are rescinded, and $8,000,000 are deferred pending submission
to and approval by the cognizant committees of Congress of an
appropriate plan for utilization of Project 76 - 2 - b, Ten Megawatt
Central Receiver Solar Thermal Power Plant, as a solar repowering test
facility to meet repowering objectives for the solar central receiver
concept.
Of the funds appropriated and the Uranium Enrichment Revenues Applied
for " Plant and Capital Equipment, Uranium Supply and Enrichment
Activities" as provided in Public Law 96 - 69 and other Acts making
appropriations for Energy and Water Development, $185,000,000 are
deferred for obligation until October 1, 1980.
Of the funds appropriated for " Plant and Capital Equipment, General
Science and Research Activities" in Public Law 96 - 69 // 96 Stat. 438.
// and other Acts making appropriations for Energy and Water
Development, $5,000,000 are deferred for obligation until October 1,
1980.
For an additional amount for " Plant and Capital Equipment, Atomic
Energy Defense Activities", $6,600,000, to remain available until
expended.
Of the funds appropriated for " Plant and Capital Equipment, Atomic
Energy Defense Activities" in Public Law 96 - 69 and other Acts making
appropriations for Energy and Water Development, $30,000,000 are
deferred for obligation until October 1,1980.
For an additional amount for " Plant and Capital Equipment,
Departmental Administration", $1,550,000, to remain available until
expended.
Of the funds appropriated for " Plant and Capital Equipment,
Departmental Administration" in Public Law 96 - 69 // 93 Stat. 438. //
and other Acts making appropriations for Energy and Water Development,
$6,000,000 are deferred for obligation until October 1, 1980.
For an additional amount for " Federal Energy Regulatory Commission",
$1,200,000.
For an additional amount for " Construction, General", $180,000,000,
to remain available until expended: Provided, That funds are included
in this Act for the Twenty Mile Creek, Mississippi, project which shall
be used for the design and construction of grade stabilization
structures along Twenty Mile Creek, in Lee, Itawamba, and Prentiss
Counties, Mississippi, between mile 11.7 and mile 22.0: Provided
further, That funds are included in this Act for the site 3
Hollywood-Ardmore Beach Area in Chicago, Illinois, which shall be used
for the design and construction of a retaining wall and related backfill
and grading in accordance with the Reconnaissance Report on Chicago
Lakefront prepared by the Chicago District Corps of Engineers, of
January 1980, and Supplemental Report, March 1980, and section 3 of the
Flood Control Act of June 22, 1936. // 33 USC 701c. //
Appropriations available to " Flood Control, Mississippi River and
Tributaries", to the extent required, are to be made available for the
Grenada Lake Project, Mississippi, which shall be used, upon concurrence
of community officials, for construction and/or implementation of a plan
selected by the Corps of Engineers for providing protection to the
community of Coffeeville, Mississippi, from high stages, to a level of
two hundred thirty-six feet plus three feet of freeboard, on Grenada
Lake.
For expenses necessary for flood control and coastal emergencies,
$170,000,000, to remain available until expended. Any activity
undertaken by virtue of funds appropriated herein for the relief of the
emergency situation created by the eruptions of the volcano at Mount
Saint Helens in Washington State is not prohibited by or otherwise
subject to regulation under section 301, 402, or 404 of the Federal
Water Pollution Control Act of 1972, // 33 USC 1311, 1342, 1344. // as
amended, or section 10 of the River and Harbor Act of 1899: // 33 USC
403. // Provided, That as expeditiously as possible, consistent with
the protection of the public interests through the continuation of the
emergency dredging, disposal, and related activities neccessary, the
Corps of Engineers shall initiate accelerated and abbreviated
procedures, including as is appropriate, public notices and
opportunities for public hearings, for such activities under section 404
of the Federal Water Pollution Control Act of 1972, as amended, and
section 10 of the River and Harbor Act of 1899.
For an additional amount for " Operation and Maintenance, General",
$70,000,000, to remain available until expended. Any activity
undertaken by virtue of funds appropriated herein for the relief of the
emergency situation created by the eruptions of the volcano at Mount
Saint Helens in Washington State is not prohibited by or otherwise
subject to regulation under section 301, 402, or 404 of the Federal
Water Pollution Control Act of 1972, as amended, or section 10 of the
River and Harbor Act of 1899: Provided, That as expeditiously as
possible, consistent with the protection of the public interests through
the continuation of the emergency dredging, disposal, and related
activities necessary, the Corps of Engineers shall initiate accelerated
and abbreviated procedures, including as is appropriate, public notices
and opportunities for public hearings, for such activities under section
404 of the Federal Water Pollution Control Act of 1972, as amended and
section 10 of the River and Harbor Act of 1899.
Of the funds appropriated for " Alaska Hydroelectric Power
Development Fund" in Public Law 95 - 240, // 92 Stat. 113. // making
supplemental appropriations, $5,450,000 are rescinded.
The limitation under this head in Public Law 96 - 69, the Energy and
Water Development Appropriation Act, 1980, // 93 Stat. 443. // for
expenditures of the capital investment program of the revolving fund is
increased to $140,000,000.
For an additional amount for " Construction and Rehabilitation",
$32,450,000 and, in addition, $9,700,000 for continuing construction of
the authorized Garrison Diversion Unit, North Dakota, to remain
available until expended, of which $6,750,000 is to be derived by
transfer from appropriations available for the " Upper Colorado River
Basin Fund", $3,000,000 is to be derived by transfer from advances
available to the " Lower Colorado River Basin Development Fund",
$4,600,000 is to be derived by transfer from appropriations available to
the " Colorado River Basin Salinity Control Projects", $500,000 is to be
derived by transfer from appropriations available for " General
Investigations", and $17,600,000 is to be derived by transfer from
appropriations available to the " Loan Program". None of the funds
appropriated in this Act for the Garrison Diversion Unit may be used for
the acquisition of mitigation lands by condemnation nor shall such funds
be used on features affecting waters flowing into Canada.
Of the funds appropriated for " Loan Program" in Public Law 96 - 69
// 93 Stat. 445. // making appropriations for Energy and Water
Development, $3,000,000 are rescinded.
Of the funds appropriated for " Funds Appropriated to the President,
Appalachian Regional Development Programs" in Public Law 96 - 69,
$29,300,000, are hereby deferred for obligation until October 1, 1980.
For an additional amount for " Salaries and expenses", $31,950,000,
to remain available until expended.
For an additional amount for " Payment to Tennessee Valley Authority
Fund", $74,353,000, to remain available until expended.
Of the funds appropriated for grants to States under title III of the
Act (42 U.S.C. 1962c(a)) in Public Law 96 - 69, // 93 Stat. 450. //
makingappropriations for Energy and Water and Power Development,
$11,000,000 are rescinded.
Of the funds appropriated for administration and coordination in
Public Law 95 - 96, // 91 Stat. 808. // making appropriations for
Public Works for Water and Power Development and Energy Research,
$431,000 are rescinded.
For an additional amount to carry out the provisions of section 491
of the Foreign Assistance Act of 1961, // 22 USC 2292. // as amended,
$43,000,000, to remain available until expended.
For an additional amount for " Payment to the Foreign Service
Retirement and Disability Fund", $1,020,000.
For an additional amount for " Operating Expenses of the Agency for
International Development", $2,000,000, to remain available until
expended.
For an additional amount of $80,000,000 for necessary expenses to
carry out the provisions of sections 531 through 535: Provided, That
these funds shall not be available for obligation or expenditure until
October 1, 1980.
Title I of the Department of Housing and Urban Development--,
Independent Agencies Appropriation Act, of 1980, // 93 Stat. 771. //
under this head is amended by deleting the following: "of which not
less than nor more than $50,000,000 shall be for the modernization of
existing low- income housing projects".
For an additional amount for " Housing payments", $745,037,000.
PROJECTS
For an additional amount for " Payments for operation of low- income
housing projects", $13,800,000.
PAYMENTS
TO THE FEDERAL FINANCING BANK
Unobligated balances of authority in the amount of $1,995,325,000 to
be transferred from the amounts provided in prior appropriation Acts for
section 5(c) of the United States Housing Act of 1937, as amended (42
U.S.C. 1437(c)) shall be available for contracts for periodic payments
to the Federal Financing Bank, as authorized by section 16(b) of Federal
Financing Bank Act of 1973 (12 U.S.C. 2294(b)), to offset the cost to
the Bank of purchasing obligations of local public housing authorities
issued for purposes of financing public housing projects as authorized
under section 5(c). $1,995,325,000 shall be available until expended for
liquidation of obligations incurred pursuant to these contracts.
The amount of purchases and commitments authorized under this head
for fiscal year 1980 is further increased by $150,000,000.
Of the funds appropriated under this head as authorized by title I of
the Housing and Community Development Act of 1974, as amended (42 U.
S.C. 5301), in the Department of Housing and Urban Development--,
Independent Agencies Appropriation Act, 1978, // 91 Stat. 1075. //
$213,152 appropriated pursuant to section 103(a) of the 1974 Act // 42
USC 5303. // and available for commitment under section 107(a) of the
1974 Act // 42 USC 5307. // are rescinded.
Of the funds appropriated under this head as authorized by title I of
the Housing and Community Development Act of 1974, as amended (42 U.
S.C. 5301), in the Department of Housing and Urban Development--,
Independent Agencies Appropriation Act, 1979, // 92 Stat. 793. //
$28,480,303 are rescinded, of which $11,303,122 shall be from funds
appropriated pursuant to section 103(a) of the 1974 Act and available
for reallocation pursuant to section 106(e) of the 1974 Act, // 42 USC
5306. // $14,286,848 shall be from funds appropriated pursuant to
section 103(a) of the 1974 Act and available for commitment under
section 107(a) of the 1974 Act and $2,890,333 shall be from funds
appropriated pursuant to section 103(b) of the 1974 Act.
Of the funds appropriated under this head as authorized by title I of
the Housing and Community Development Act of 1974, as amended (42 U.
S.C. 5301), in the Department of Housing and Urban Development--,
Independent Agencies Appropriation Act, 1980, // 93 Stat. 771. //
$95,809,667 are rescinded, of which $10,700,000 shall be from funds
appropriated pursuant to section 103(a) of the 1974 Act // 42 USC 5303.
// and available for commitment under section 107(a) of the 1974 Act //
42 USC 5307. // and $85,109,667 shall be from funds appropriated
pursuant to section 103(b) of the 1974 Act. In addition, all funds up to
$28,696,878 appropriated pursuant to section 103(a) of the 1974 Act, and
available for reallocation pursuant to section 106(e) of the 1974 Act //
42 USC 5306. // prior to October 1, 1980, are rescinded.
Of the funds appropriated under this head in the Department of
Housing and Urban Development--Independent Agencies Appropriation Act,
1980, $5,000,000 are rescinded.
Of the funds appropriated under this head in the Department of
Housing and Urban Development--Independent Agencies Appropriation Act,
1980, $25,500,000 are rescinded.
Of the funds appropriated under this head in the Department of
Housing and Urban Development--Independent Agencies Appropriation Act,
1980, $5,000,000 are rescinded.
For an additional amount for " Research and development", $4,000,000,
to remain available until September 30, 1981.
For an additional amount for " Abatement, control and compliance",
$4,000,000, to remain available until September 30, 1981.
Of the unobligated funds appropriated under this head in the
Department of Housing and Urban Development--Independent Agencies
Appropriation Act, 1980, $400,000,000 shall be made available for
obligation on the date of enactment of this Act, notwithstanding section
205(c) of the Clean Water Act, // 33 USC 1285. // based on the most
efficient and effective use of these funds.
Of the funds appropriated under this head in the Department of
Housing and Urban Development--Independent Agencies Appropriation Act,
1980, // 93 Stat. 777. // $500,000 are rescinded.
For an additional amount for " Disaster relief", $870,000,000, to
remain available until expended.
Section 401 of the Department of Housing and Urban Development--,
Independent Agencies Appropriation Act, 1980, // 93 Stat. 787. // is
amended by adding after the second semicolon in the first proviso, the
following: "to travel performed in connection with major disasters or
emergencies declared or determined by the President under the provisions
of the Disaster Relief Act of 1974: // 42 USC 5121. // Provided,
however, That the President is authorized, from funds appropriated to
the President, to provide relocation for the families residing within
the boundaries defined in the emergency declared by the President on May
21, 1980, at the Love Canal, in the State of New York: Provided
further, That the Federal share shall not exceed 75 percent of the cost
of such relocation. This shall not include the construction of any
permanent housing".
For an additional amount for " Emergency planning, preparedness and
mobilization", $1,900,000.
The limitation on travel expenses in the current fiscal year for "
Emergency planning, preparedness, and mobilization" is increased by
$812,000.
For an additional amount for " Research and development",
$285,000,000, to remain available until September 30, 1981.
Of the funds appropriated under this head in the Department of
Housing and Urban Development--Independent Agencies Appropriation Act,
1980, $555,000 are rescinded.
Of the funds appropriated under this head in the Department of
Housing and Urban Development--Independent Agencies Appropriation Act,
1980, // 93 Stat. 780. // $6,500,000 are rescinded.
Of the funds appropriated under this head in the Department of
Housing and Urban Development--Independent Agencies Appropriation Act,
1980, $2,000,000 are rescinded.
Of the funds appropriated under this head in the Department of
Housing and Urban Development--Independent Agencies Appropriation Act,
1980, $2,500,000 are rescinded.
The limitation on travel expenses in the current fiscal year for the
Neighborhood Reinvestment Corporation is increased by $300,000.
For an additional amount for " General operating expenses",
$5,638,000.
For an additional amount for " Construction, major projects",
$4,000,000, to remain available until expended, of which $1,000,000 is
for the advance planning of projects funded through the Advance Planning
Fund, and, notwithstanding any other provision of law, $3,000,000 is for
construction of facilities in support of the new State medical school at
East Tennessee State University.
For an additional amount for " Management of lands and resources",
$46,800,000: Provided, That not to exceed $5,000,000 available under
this head for fire suppression may be transferred to the Oregon and
California Grant Lands appropriation: Provided further, That funds so
transferred shall be reimbursed to fire suppression from amounts
deposited to the Oregon and California Land Grant Fund at such time as
available receipts exceed amounts necessary for western Oregon timber
management.
Of the funds appropriated under this head in the Interior and Related
Agencies Appropriation Act, 1980 (Public Law 96 - 126) // 93 Stat. 954.
// $5,000,000 shall not become available for obligation until October 1,
1980, and shall remain available for obligation until September 30,
1981.
For an additional amount for " Salaries and expenses", $2,000,000, to
remain available until expended.
Of the funds appropriated under this head in the Interior and Related
Agencies Appropriation Act, 1980 (Public Law 96- 126) // 93 Stat. 957.
// $45,000,000 shall not become available for obligation until October
1, 1980, and $15,000,000 are rescinded.
Of the funds appropriated under this head in the Interior and Related
Agencies Appropriation Act, 1980 (Public Law 96 -126) // 93 Stat. 957.
// and previous Interior Department Appropriations Acts $165,000,000
shall not become available for obligation until October 1, 1980, of
which $75,000,000 is available for payments to the States; $18,200,000
is available to the Forest Service; $13,775,000 is available to the
United States Fish and Wildlife Service; and $52,025,000 is available
to the National Park Service; and $6,000,000 is available for land
acquisition at Pinelands National Reserve: Provided, That $2,250,000 of
the amount set aside for contingencies shall not become available for
obligation until October 1, 1980.
Of the funds appropriated under this head in the Interior and Related
Agencies Appropriation Act, 1980 (Public Law 96 - 126), // 93 Stat. 958.
// $10,000,000 shall not become available for obligation until October
1, 1980.
For an additional amount for " Resource management", $350,000.
For expenses necessary to carry out the provisions of Public Law 95 -
469 (16 U.S.C. 715s), $1,950,000.
For an additional amount for " Operation of the National Park
System", $1,373,000: Provided, That appropriations for maintenance and
improvement of roads within the boundary of Indiana Dunes National
Lakeshore, made under this head in Public Law 96 - 126, // 93 Stat.
959. // shall be available for such purposes without regard to whether
title to such road rights-of-way is in the United States.
Appropriations provided under this head are rescinded in the amount
of $3,000,000.
For an additional amount for " Surveys, investigations, and
research", $8,600,000.
For an additional amount for " Operation of Indian programs",
$7,000,000.
For an additional amount for " Administration of Territories",
$3,318,000, to remain available until expended.
For an additional amount for " Trust Territory of the Pacific
Islands", $6,117,000, to remain available until expended.
For an additional amount for " Forest Management, Protection and
Utilization", $113,000,000.
From the appropriation of $19,00080008000, amde to the " Energy
Security Reserve" under this head in Public Law 96 - 126, // 42 USC
5915. // an additional amount of $3,310,000,000 shall be immediately
available to the Secretary of Energy for obligation to stimulate
domestic commercial production of alternative fuels, of which (1)
$3,000,000,000 shall be available until expended for (a) the purchase or
production of alternative fuels by way of purchase commitments or price
guarantees, and (b) a reserve to cover any defaults from loan guarantees
issued to finance the construction of alternative fuels production
facilities according to the provisions of the Defense Production Act of
1950, as amended (50 U.S.C. 2061 et seq.) // .50 USC app. 2061. // and
(2) $310,000,000 shall be available until expended to support
preliminary alternative fuels commercialization activities, to be
apportioned as follows:
(a) not to exceed $100,000,000 shall be available for project
development feasibility studies, such individual awards not to
exceed $10,000,000: Provided, That the Secretary may require
repayment of such funds where studies determine such project
proposals have economic or technical feasibility;
(b) not to exceed $200,000,000 shall be available for
cooperative agreements with non-Federal entities, such individual
agreements not to exceed $25,000,000, to support commercial scale
development of alternative fuels facilities: Provided, That the
Secretary may require repayment of such funds when such facilities
achieve commercial scale alternative fuels production; and
(c) not to exceed $10,000,000 shall be available for program
management.
For the purposes of carrying out the activities provided herein and
activities provided under this head in Public Law 96 - 126 the
provisions of 5 U.S.C. 553 and 42 U.S.C. 7191 shall not apply.
None of the funds provided under this head in this Act and in Public
Law 96 - 126 // 93 Stat. 970. // for purchase, price guarantees, or
loan guarantees shall be available for biomass energy projects as
defined by section 203(2)(A) of S. 932, 96th Congress, except that of
the $1,500,000,000 made available to the Department by Public Law 96 -
126 for purchase commitments or price guarantees, not to exceed
$150,000,000 may be available only for such purposes to the extent
authorized under title II, subtitle B, of the Energy Security Act (S.
932).
All provisions of Public Law 96 - 126 with regard to " Alternative
fuels production" not expressly modified in this appropriation remain in
effect and are applicable to activities provided for in this
appropriation.
Upon the establishment of a " United States Synthetic Fuels
Corporation" (the Corporation) projects or actions initiated by the
Department of Energy with appropriations under this head shall transfer
to the Corporation upon a Presidential determination that the
Corporation is fully operational and upon a majority vote of the Board
of Directors of the Corporation, except that funds obligated for
feasibility studies, cooperative agreements, program management, and
projects which do not meet the definitions of eligibility for funding as
synthetic fuels projects in the Corporation shall remain with the
Department of Energy: Provided, That (1) projects meeting the
eligibility criteria for funding by the Corporation for which funding
has been obligated or committed by the Department of Energy may be
adopted by the Corporation as if they had been entered into by the
Corporation (for the purposes of such transfers only, the Corporation
shall adopt the terms of such projects, established by the Department of
Energy, using the authorities of the Department of Energy regardless of
whether the Corporation would otherwise have authority to do so); and
(2) accepted proposals for loan guarantees, price supports, and/or
purchase commitments for which financial assistance is not provided by
the Department of Energy shall be considered as responses to a
solicitation of the Corporation to the extent they meet the eligibility
criteria for funding by the Corporation.
Unexpended balances of funds obligated for projects shall transfer to
the Corporation to the extent such projects and activities are
transferred to the Corporation as provided herein.
To carry out the provisions of title I of the Energy Security Act //
42 USC 5915. // (S. 932, 96th Congress) and for other purposes
authorized by title II of S. 932, not to exceed $18,792,000,000, to
remain available until expended, of which (1) $13,482,000,000 shall be
derived from amounts in the Energy Security Reserve established pursuant
to the Department of the Interior and Related Agencies Appropriations
Act, 1980 (Public Law 96 - 126), // 93 Stat. 954. // and (2) not to
exceed $5,310,000,000 shall be derived by transfer of the balance of the
amounts not committed or not conditionally committed which are
appropriated by this Act and by Public Law 96 - 126 from the Energy
Security Reserve to the Department of Energy, such transfer to occur on
June 30, 1981, to permit the Department to pursue an aggressive interim
program of loan and price guarantees and purchase commitments.
The total available funding (including funds committed or
conditionally committed under authority of Public Law 96 - 126) shall be
apportioned so as to provide $17,522,000,000 for purposes of title I, of
which $6,000,000,000 shall be immediately available, $6,212,000,000
shall be available for obligation after June 30, 1982, and up to
$5,310,000,000 shall be derived by transfer as provided above; and to
provide $1,270,000,000 for purposes of title II, to be immediately
available and to be apportioned as follows:
(i) not to exceed $525,000,000 to the Secretary of Agriculture
for the purposes of subtitle A;
(ii) not to exceed $525,000,000 to the Secretary of Energy for
the purpose of subtitle A: Provided, That no funds shall be
available to the Secretary of Energy for projects as defined by
section 212(a)(1)(A) of S. 932; and
(iii) not to exceed $220,000,000 to the Secretary of Energy for
purposes of subtitle B.
For an additional amount for " Fossil energy research and
development", $4,000,000, to remain available until expended.
Appropriations provided under this head in the Department of Interior
and Related Agencies Appropriation Act, 1980 (Public Law 96 - 126) // 93
Stat. 972. // are rescinded in the amount of $17,600,000.
For an additional amount for " Energy Conservation", $2,600,000, to
remain available until expended.
Appropriations provided under this head in the Department of Interior
and Related Agencies Appropriation Act, 1980 (Public Law 96 - 126) // 93
Stat. 972. // are rescinded in the amount of $10,000,000.
Of the funds appropriated under this head in the Department of the
Interior and Related Agencies Appropriations Act, 1980 (Public Law 96 -
126), // 93 Stat. 972. // $1,000,000 shall not become available for
obligation until October 1, 1980.
Appropriations provided under this head in the Department of Interior
and Related Agencies Appropriation Act, 1980 (Public Law 96 - 126) // 93
Stat. 972. // are rescinded in the amount of $1,000,000.
Of the funds appropriated under this head in Public Law 95 - 465 //
92 Stat. 1295. // and other Acts making appropriations for the
Department of Interior and Related Agencies, $2,000,000,000 are
rescinded.
For an additional amount for " Energy Information Administration",
$3,500,000.
For an additional amount for " Public Development", $500,000, to
remain available until expended.
Of the funds appropriated under this head in the Department of the
Interior and Related Agencies Appropriations Act, 1980 (Public Law 96 -
126), // 93 Stat. 978. // $2,700,000 are rescinded.
FUNDS
For an additional amount for " Advances to the unemployment trust
fund and other funds", $1,841,000,000, to remain available until
September 30, 1981 and for " Federal unemployment benefits and
allowances", such amounts as may be necessary to be charged to the
subsequent appropriation for payments for any period subsequent to
August 1 of the current year: Provided, That of this amount,
$400,000,000 shall become available on October 1, 1980.
EMPLOYMENT
SERVICES
For an additional amount for " Grants to States for unemployment
insurance and employment services", from the Employment Security
Administration Account in the Unemployment Trust Fund, $147,610,000 to
remain available until September 30, 1981, which shall be available for
necessary administrative expenses for carrying out section 43 of the
Airline Deregulation Act of 1978, // 49 USC 1552. // and to the extent
necessary to meet increased costs of administration resulting from
changes in a State law or increases in the number of unemployment
insurance claims filed and claims paid or increased salary costs
resulting from changes in State salary compensation plans embracing
employees of the State generally over those upon which the State's basic
grant was based, which cannot be provided for by normal budgetary
adjustments.
For an additional amount for payments from the " Black Lung
Disability Trust Fund", $392,347,000, to remain available until
September 30, 1981.
For an additional amount for the National Health Service Corps,
$2,400,000.
For an additional amount for " Health services", $36,000,000, for the
medical examination and care of aliens who have recently arrived in
south Florida, to remain available through September 30, 1981. The
amounts appropriated may be used to reimburse other Department of Health
and Human Services accounts for related expenses, including
administrative and support costs.
Of the funds provided for " Health services" for fiscal year 1980 in
Public Law 96 - 123, // 93 Stat. 923. // making further continuing
appropriations for the fiscal year 1980, $18,500,000 are rescinded.
For an additional amount for Epidemic Services, $600,000.
Of the funds appropriated under this head in Public Law 94 - 266, //
90 Stat. 363. // making supplemental appropriations for fiscal year
1976, $18,318,000 are rescinded.
Administration
Of the funds provided for " Alcohol, drug abuse, and mental health"
for fiscal year 1980 in Public Law 96 - 123, // 93 Stat. 923. // making
further continuing appropriations for the fiscal year 1980, $4,000,000
are rescinded.
Of the funds provided for " Health resources" for fiscal year 1980 in
Public Law 96 - 123, // 93 Stat. 923 // making further continuing
appropriations for the fiscal year 1980, $19,300,000 are rescinded.
Of the funds provided for " Salaries and expenses" for fiscal year
1980 in Public Law 96 - 123, // 93 Stat. 923. // making further
continuing appropriations for the fiscal year 1980, $18,500,000 are
rescinded.
For an additional amount for " Grants to States for Medicaid",
$2,159,000,000, to remain available until expended. Notwithstanding any
other provision of law, no payment shall be made from this appropriation
to reimburse State or local expenditures made prior to October 1, 1977
unless a request for reimbursement had been officially transmitted to
the Federal government by the State within two years after the fiscal
year in which the expenditure occurred. The provisions of Section 109 of
Public Law 96 - 123 // 93 Stat. 926. // shall continue to apply to
appropriations previously made for fiscal year 1980 under this heading
and to appropriations contained in this paragraph.
Of the funds provided for " Grants to States for Medicaid" for fiscal
year 1980 in Public Law 96 - 123, // 93 Stat. 923. // Making Further
Continuing Appropriations for fiscal year 1980, $30,000,000 are
rescinded.
For an additional amount for " Assistance payments program",
$74,000,000.
SERVICES
For an additional amount for " Grants to States for social and child
welfare services", $242,000,000.
For a further additional amount for " Grants to States for Social and
Child Welfare Services", $225,750,000: Provided, That of this amount,
$9,650,000 for activities authorized under title IV- B of the Social
Security Act // 42 USC 620. // shall remain available until September
30, 1981: Provided further, That notwithstanding any other provision of
law, not to exceed $75,000,000 shall be used for training activities
under this heading for fiscal year 1980.
For expenses necessary to carry out the provisions of the Refugee Act
of 1980, $516,900,000, including $23,168,000 for educational assistance
for children which shall remain available through March 31, 1981.
Of the funds appropriated under this head in Public Law 96 - 123 //
93 Stat. 923. // for fiscal year 1980, $15,000,000 appropriated for the
purpose of title I, part A, section 116; $100,000,000 of the amount
appropriated for title I, part A, section 117, and $14,750,000 of the
amount appropriated for the purposes of part B of the Headstart-Follow
Through Act // 42 USC 2929. // are rescinded.
Of the funds appropriated under this head in Public Law 95 - 482 //
92 Stat. 1603. // for fiscal year 1979, $1,000,000 appropriated for the
purposes of the Communications Act of 1934, // 47 USC 609. // as
amended, are rescinded.
For an additional amount for " School Assistance in Federally
Affected Areas," to carry out section 7 of the Act of September 30,
1950, // 20 USC 241 - 1. // $20,000,000, to remain available until
September 30, 1981. In addition, in accordance with section 7(c) of
that Act, any funds appropriated under that Act and remaining available
after payments in accordance with Public Law 96 - 123 // 93 Stat. 923.
// under the heading " School Assistance in Federally Affected Areas"
for fiscal year 1980 under sections 2 and 3 of that Act // 20 USC 237,
238. // shall be available for payments under section 7.
Of the funds appropriated under this head in Public Law 96 - 123, //
93 Stat. 923. // making appropriations for Emergency School Aid for
fiscal year 1980, $21,052,000 are rescinded.
Of the funds provided for " Library resources" for fiscal year 1980
in Public Law 96 - 123, // 93 Stat. 923. // $18,000,000 appropriated
for the purpose of title IV, part D of the Elementary and Secondary
Education Act are rescinded.
For an additional amount for section 318 of the Adult Education Act,
// 20 USC 1211c. // $17,600,000 to remain available until September 30,
1981.
Of the funds provided for " Student assistance" for fiscal year 1980
in Public Law 96 - 123, // 93 Stat. 923. // $140,000,000 appropriated
for Basic Opportunity Grants under subpart 1 of Part A of title IV of
the Higher Education Act // 20 USC 1070a. // are rescinded: Provided,
That each Basic Grant award for the 1980 - 81 award year shall be
reduced by $50 below the entitlement amounts, notwithstanding section
411(b)(3)(B)(i) of title IV of the Higher Education Act. // 20 USC
1070a. //
For an additional amount for the " Student Loan Insurance Fund",
$649,723,000, to remain available until expended.
Of the funds appropriated under this head in Public Law 96 - 123 //
93 Stat. 923. // for fiscal year 1980, under the Higher Education Act,
$1,000,000 appropriated for Title I, part A, // 20 USC 1001. // and
$15,000,000 appropriated for title VII, part E // 20 USC 1132d-11. //
are rescinded: Provided, That the funds made available for fiscal year
1980 for architectural barrier removal shall remain available until
September 30, 1981.
Of the funds provided for " Special projects and training" for fiscal
year 1980 in Public Law 96 - 123, // 93 Stat. 923. // $5,000,000
appropriated for the purpose of the Career Education Incentive Act
(Public Law 95 - 207) // 20 USC 2601 // are rescinded.
For an additional amount for title III, part A, section 303 of the
Elementary and Secondary Education Act, // 20 USC 843. // $7,700,000 to
remain available until September 30, 1981.
Of the funds provided for " National Institute of Education", section
405 of the General Education Provisions Act, // 20 USC 1221e. //
$3,000,000 are rescinded.
For an additional amount for " Salaries and expenses," $605,000.
For an additional amount under section 311 of the Rehabilitation Act
of 1973, // 29 USC 777a. // $1,500,855.
For an additional amount for " Operating expenses, domestic
programs", $4,000,000.
Of the amount provided for " Federal Mine Safety and Health Review
Commission, Salaries and Expenses" for fiscal year 1980 in Public Law 96
- 123, // 93 Stat. 923. // making further continuing appropriations for
fiscal year 1980, $188,000 are rescinded.
Of the amount provided for " Occupational Safety and Health Review
Commission, Salaries and Expenses" for fiscal year 1980 in Public Law 96
- 123, // 93 Stat. 923. // making further continuing appropriations for
fiscal year 1980, $100,000 are rescinded.
For administrative expenses authorized by Section 14(c) of the
Milwaukee Railroad Restructuring Act, // 45 USC 913. // $300,000, to
remain available until expended.
For an additional amount for " Operation and maintenance", $300,000.
Of the funds appropriated under this head in Public Law 96 - 86, //
93 Stat. 656. // $1,000,000 are rescinded.
Sec. 101. Effective October 1, 1979, section 506 of the Supplemental
Appropriations Act, 1973 (2 U.S.C. 58), // 86 Stat. 1505. // is amended
by redesignating subsections (i) through (k) as (j) through (l),
respectively, and by inserting after subsection (h) the following new
subsection:
"(i) Whenever a Senator or an employee in his office has incurred an
expense for which reimbursement may be made under this section, the
Secretary of the Senate is authorized to make payment to that Senator or
employee for the expense incurred, subject to the same terms and
conditions as apply to reimbursement of the expense under this section."
Sec. 102. (a) Section 506(e) of the Supplemental Appropriations Act,
1973 (2 U.S.C. 58(e)) is amended by striking out "in effect under
section 5702 of title 5, United States Code, for employees of agencies"
in the next to last sentence and inserting in lieu thereof "prescribed
by the Committee on Rules and Administration".
(b) The seventh paragraph under the heading " Administrative
Provisions" in the appropriation for the Senate in the Legislative
Branch Appropriation Act, 1957 (2 U.S.C. 68b) is amended by striking out
"in effect under section 5702 of title 5, United States Code, for
employees of agencies" each place it appears and inserting in lieu
thereof "prescribed by the Committee on Rules and Administration".
Sec. 103. Effective February 1, 1980, section 506(a) of the
Supplemental Appropriations Act, 1973 (2 U.S.C. 58(a)), is amended by
striking out paragraph (3) and inserting in lieu thereof the following:
"(3) reimbursement to each Senator for costs incurred in the
mailing or delivery of matters relating to official business;"
Sec. 104. Effective January 1, 1980, section 506(h)(1) of the
Supplemental Appropriations Act, 1973 (2 U.S.C. 58(h)(1)) is amended by
striking out "under subsection (a)(9) when such expenses are incurred by
or on behalf of a Senator" and inserting in lieu thereof "to an employee
in the office of a Senator when traveling on business of a committee of
which that Senator is a member".
Sec. 105. Effective October 1, 1979, the allowance for
administrative and clerical assistance of each Senator from the State of
Louisiana is increased to that allowed Senators from States having a
population of four million but less than five million, the population of
said State having exceeded four million inhabitants.
Sec. 106. Any funds appropriated or made available under the heading
" Senate" in any appropriation Act for the fiscal year ending September
30, 1980, and any funds appropriated by section 101(c) of the joint
resolution entitled " Joint Resolution making continuing appropriations
for the fiscal year 1980, and for other purposes", approved October 12,
1979 (Public Law 96 - 86), // 93 Stat. 656. // for disbursement by the
Secretary of the Senate which for the fiscal year ending September 30,
1979, were appropriated under the heading " Senate", shall remain
available until expended for the same purpose for which appropriated or
made available.
Sec. 107. (a) Section 105(a)(1) of the Legislative Branch
Appropriation Act, 1968 (2 U.S.C. 61 - 1(a)(1)) is amended to read as
follows:
"(a)(1) Whenever the rate of compensation of any employee whose
compensation is disbursed by the Secretary of the Senate is fixed or
adjusted on or after October 1, 1980, such rate as so fixed or adjusted
shall be at a single whole dollar per annum gross rate and may not
include a fractional part of a dollar."
(b) Section 106(b)(1) of the Legislative Branch Appropriation Act,
1963 (2 U.S.C. 60j(b)(1)) is amended by striking out "two times the
multiple contained in section 1(a) of the applicable Order of the
President Pro Tempore of the Senate issued under authority of section 4
of the Federal Pay Comparability Act of 1970" // 2 USC 60a-1. // and
inserting in lieu thereof "$404".
(c) Section 109(d)(1) of the Legislative Branch Appropriation Act,
1979 (2 U.S.C. 60j-3(d)(1)) is amended by striking out "next highest
multiple contained in section 1(a) of the applicable Order of the
President Pro Tempore of the Senate issued under authority of section 4
of the Federal Pay Comparability Act of 1970" and inserting in lieu
thereof "next higher dollar".
(d) The amendments made by this section // 2 USC 60j // shall take
effect on October 1, 1980.
Sec. 108. (a) The Senate Recording Studio hereafter shall be known
as the Senate Recording and Photographic Studios. Subject to subsection
(b), all references to the Senate Recording Studio (including the
revolving fund) in any law, resolution, or regulation shall be
considered as referring to the Senate Recording and Photographic
Studios, and any provision of any law, resolution, or regulation which
is applicable to the Senate Recording Studio shall be deemed to apply to
the Senate Recording and Photographic Studios.
(b)(1) The Sergeant at Arms and Doorkeeper of the Senate shall,
subject to the approval of the majority and minority leaders, promulgate
rules and regulations, and establish fees, for the provision of
photographs and photographic services to be furnished by the
Photographic Studio.
(2) Subject to the approval of the majority and minority leaders, the
Sergeant at Arms and Doorkeeper of the Senate is authorized to appoint
not more than fifteen employees with such titles, and at such annual
rates of compensation, as he deems appropriate, to carry out the
functions of the Photographic Studio. Payments of compensation
(including agency contributions and longevity compensation as
authorized) for personnel employed pursuant to the preceding sentence
shall be made by the Secretary of the Senate from funds appropriated for
" Salaries, Officers and Employees" under the heading " Senate".
Sec. 109. Effective January 1, 1980, section 3 under the heading "
Administrative Provisions" in the appropriation for the Senate in the
Legislative Branch Appropriation Act, 1975 (2 U.S.C. 59), is amended--,
(1) by striking out "not in excess of one year." in subsection
(a)(2) and inserting in lieu thereof "not extending beyond the
term of office which he is serving on the first day of such lease,
except that, in the case of a Senator whose term of office is
expiring and who has been elected for another term, such lease may
extend until the end of the term for which he has been so elected.
Each such lease shall contain a provision permitting its
cancellation upon sixty days written notice by the Sergeant at
Arms and Doorkeeper of the Senate, in the event of the death or
resignation of the Senator."; and
(2) by striking out "shall not at any time exceed the
applicable rate per square foot charged Federal agencies" in
subsection (c)(1) and inserting in lieu thereof "shall not exceed
the highest rate per square foot charged Federal agencies on the
first day of the lease of such office".
Sec. 110. Effective on the first day of the first month following
the date of enactment of this Act, the Sergeant at Arms and Doorkeeper
of the Senate may appoint and fix the compensation of a Shift Supervisor
at not to exceed $14,140 per annum and two Shift Supervisors at not to
exceed $12,928 per annum each in lieu of three Mail Carriers at not to
exceed $10,302 per annum each; a Deputy Director, Service Department,
at not to exceed $35,956 per annum; a Supervisor, Typewriter Repair
Section, at not to exceed $26,260 per annum in lieu of not to exceed
$24,038 per annum; a Receiving Clerk at not to exceed $12,928 per annum
in lieu of a Supervisor, Supply Section, at not to exceed $18,382 per
annum; a Power Cutter Operator at not to exceed $13,534 per annum; a
Senior Folding Machine Operator at not to exceed $15,554 per annum in
lieu of a Laborer at not to exceed $11,716 per annum; an Automatic
Typewriter Repairman at not to exceed $19,796 per annum in lieu of a
Repairman at not to exceed $18,584 per annum; two Laborers at not to
exceed $6,060 per annum each in lieu of a Laborer at not to exceed
$11,716 per annum; a Manager, Member and Committee Support, at not to
exceed $38,784 per annum in lieu of a Senior Applications Analyst at not
to exceed $36,360 per annum; a Manager, Text Processing Applications
Development, at not to exceed $38,784 per annum in lieu of a Senior
Applications Analyst at not to exceed $36,360 per annum; a Junior
Operations Clerk at not to exceed $13,332 per annum; a Manager, Office
Administration, at not to exceed $31,512 per annum in lieu of an Office
Manager at not to exceed $22,624 per annum; a Special Assistant to the
Sergeant at Arms and Doorkeeper at not to exceed $38,784 per annum in
lieu of a Manager, User Training and Liaison, at not to exceed $38,784
per annum; a Manager, Educational Services, at not to exceed $38,784
per annum in lieu of an Office Systems Supervisor at not to exceed
$32,522 per annum; a Manager, Micrographics Systems, at not to exceed
$36,360 per annum in lieu of a Micrographics Supervisor at not to exceed
$27,270 per annum; a Computer Output Microfilm Operator at not to
exceed $14,948 per annum; a Camera Operator at not to exceed $14,544
per annum; a Senior Network Technician at not to exceed $29,896 per
annum; a Network Technician at not to exceed $26,260 per annum; a
Quality Control Specialist at not to exceed $15,352 per annum; a
Communications Software Specialist at not to exceed $35,148 per annum;
and an Office Manager at not to exceed $17,776 per annum: Provided,
That, effective on the first day of the first month following the date
of enactment of this Act, the position of Mail Supervisor at not to
exceed $15,756 per annum, the position of Audio Engineer at not to
exceed $16,968 per annum, and two positions of Teletype Operator at not
to exceed $14,140 per annum each, are hereby abolished: Provided
further, That the Sergeant at Arms and Doorkeeper is authorized to
undertake minor reorganizations and make associated position, title, and
compensation changes with respect to not more than ten positions, if and
to the extent that such reorganizations do not result in any additional
number of positions funded from amounts appropriated for the " Office of
Sergeant at Arms and Doorkeeper,": Provided further, That not to exceed
$45,000 of the amount appropriated for the Office of Sergeant at Arms
and Doorkeeper may be used to employ special deputies.
Sec. 111. There shall be available for construction of platform and
seating stands, for refurbishing the Capitol Building, and for salaries
and expenses of conducting the inaugural ceremonies of the President and
Vice President of the United States, January 20, 1981, in accordance
with such program as may be adopted by the joint committee authorized by
concurrent resolution of the Senate and House of Representatives,
$463,000, to be paid from the contingent fund of the Senate from funds
appropriated or otherwise made available under the heading "
Miscellaneous Items", and to remain available through September 30,
1981. Such moneys as may be received by donation or otherwise for use
in the preparations for such inaugural ceremonies shall be deposited in
the Treasury, shall be credited to the appropriation for " Miscellaneous
Items", and shall be available for expenditure in like manner and for
the same purposes as funds which are appropriated under the preceding
sentence.
Sec. 112. (a) The unexpended balance on February 28, 1981, of the
funds appropriated under the heading " Committee Employees" in the
appropriations for the Senate in any appropriation Act for any fiscal
year shall be transferred to and merged with the funds appropriated
under the heading " Inquiries and Investigations" in the contingent fund
of the Senate.
(b) Effective as of the close of February 28, 1981--,
(1) paragraphs (1) and (2) of section 105(e) of the Legislative
Branch Appropriation Act, 1968 (2 U.S.C. 61 - 1(e)), are repealed,
and paragraph (2) of section 105(d) of such Act is amended by
striking out "subsection (e)(1)" in the second sentence and
inserting in lieu thereof "that portion of subsection (e)(3)
preceding subparagraph (A)";
(2) the first proviso under the heading " Committee Employees"
in the appropriations for the Senate in the Legislative Branch
Appropriation Act, 1974 (87 Stat. 529), is repealed; and
(3) clause (2) of the last paragraph under the heading "
Contingent Expenses of the Senate" appearing under the heading "
SENATE" in chapter XI of the Third Supplemental Appropriation Act,
1957 (2 U.S.C. 46a-1), is amended by striking out "committees and
officers of the Senate" and inserting in lieu thereof "officers of
the Senate and the Conference of the Majority and the Conference
of the Minority of the Senate".
For payment to Frances Reid Slack, widow of John M. Slack, late a
Representative from the State of West Virginia, $60,663.
Of the funds appropriated under this head in Public Law 96 - 86, //
93 Stat. 656. // $1,000,000 are rescinded.
Of the funds appropriated under this head in Public Law 96 - 86, //
93 Stat. 656. // made available until expended, $1,792,000 are
rescinded.
For an additional amount for " Congressional printing and binding,"
$4,578,000, fiscal year 1980: Provided, That this appropriation shall
not be available for printing and binding part 2 of the Annual Report of
the Secretary of Agriculture (known as the Yearbook of Agriculture):
Provided further, That this appropriation shall be available for the
payment of obligations incurred under the appropriations for similar
purposes for preceding fiscal years.
For an additional amount for " Printing and binding," $5,295,000,
fiscal year 1980: Provided, That this appropriation shall not be
available for printing and binding part 2 of the Annual Report of the
Secretary of Agriculture (known as the Yearbook of Agriculture):
Provided further, That this appropriation shall be available for the
payment of obligations incurred under the appropriations for similar
purposes for preceding fiscal years.
Of the funds appropriated under this head in Public Law 96 - 86, //
93 Stat. 656. // $500,000 are rescinded.
Of the amounts appropriated in Public Law 96 - 86 // 93 Stat. 656.
// for the United States House of Representatives for " Committee
employees", such amounts as are deemed necessary for the payment of
salaries under this head may be transferred among " Special and select
committees" and " Allowances and expenses", upon the approval of the
Committee on Appropriations of the House of Representatives.
Of the amounts appropriated in Public Law 96 - 86 for the United
States House of Representatives for " Allowances and expenses", such
amounts as are deemed necessary for the payment of salaries and expenses
under this head may be transferred among " Special and select
committees" and " Committee employees", upon the approval of the
Committee on Appropriations of the House of Representatives.
Of the amounts appropriated in Public Law 96 - 86 for the United
States House of Representatives for " Special and select committees",
such amounts as are deemed necessary for the payment of salaries and
expenses under this head may be transferred among " Committee employees"
and " Allowances and expenses", upon the approval of the Committee on
Appropriations of the House of Representatives.
Not to exceed $750,000 of the unobligated balance of that part of the
appropriation " Salaries and expenses, Library of Congress" for the
fiscal year 1980, for moving costs to the James Madison Memorial
Building, is hereby continued available until September 30, 1981.
For an additional amount for " Military construction, Army, 1980/
1984", $1,000,000, which shall be derived by transfer from funds
provided for NATO infrastructure, " Military construction, Defense
Agencies, 1980/1984", to remain available until September 30, 1984:
Provided, That the limitation on the amount available for study,
planning, design, architect and engineer services is increased by
$1,000,000.
For an additional amount for " Military construction, Navy, 1980/
1984", $21,500,000, of which $12,000,000 shall be derived by transfer
from funds appropriated for the Culebra Weapons Range by Public Law 93 -
194 (87 Stat. 766), to remain available until September 30, 1984:
Provided, That the limitation on the amount available for study,
planning, design, architect and engineer services is increased by
$14,000,000.
For an additional amount for " Military construction, Air Force,
1980/1984", $7,000,000, of which $4,000,000 shall be derived by transfer
from funds provided for NATO infrastructure, " Military construction,
Defense Agencies, 1980/1984"; and $3,000,000 from funds appropriated
for the high energy laser research facility at White Sands, New Mexico,
to remain available until September 30, 1984: Provided, That the
limitation on the amount available for study, planning, design,
architect and engineer services is increased by $7,000,000.
For an additional amount for " Family housing, Defense", $14,000,000,
which shall be derived by transfer from " Aircraft procurement, Air
Force, 1978/1980". The limitation for Department of Defense, operation,
maintenance, is increased by $14,000,000.
None of the funds available to the Department of Defense for military
construction during the current fiscal year may be obligated for
projects under the authority of section 402 of the Military Construction
Authorization Act, 1980 // 93 Stat. 939. // or similar provisions in
prior-year military construction authorization acts until twenty-one
days have passed after the Secretary of Defense has notified the
Committees on Appropriations of the Senate and the House of
Representatives of the purpose, the estimated cost of construction for
which these funds are to be used under such authorities, and the
justification for invoking the section 402 or similar authority.
Funds appropriated for " Military construction, Defense Agencies", in
the Military Construction Appropriation Act, 1980, shall remain
available until September 30, 1984.
For an additional amount for " Salaries and expenses", $11,534,000.
For an additional amount for " Emergencies in the Diplomatic and
Consular Service", $4,300,000, of which not to exceed $1,800,000 may be
used to liquidate obligations incurred in prior years: Provided, That
all obligations incurred in anticipation of this appropriation are
hereby ratified and confirmed if otherwise in accordance with provisions
of law.
DISABILITY FUND
For an additional amount for " Payment to the Foreign Service
retirement and disability fund", $4,177,000.
For an additional amount for " Contributions to international
organizations", $7,600,000.
For an additional amount for " Missions to international
organizations", $418,000.
For an additional amount for " Salaries and expenses, general legal
activities", $825,000, of which $745,000 shall be derived by transfer
from Office of Justice Assistance, Research, and Statistics, " Law
enforcement assistance".
For an additional amount for " Salaries and expenses, Antitrust
Division", $4,233,000 of which $233,000 shall be derived by transfer
from Office of Justice Assistance, Research, and Statistics, " Law
enforcement assistance".
MARSHALS
For an additional amount for " Salaries and expenses, United States
Attorneys and Marshals", $16,680,000 of which $2,008,000 shall be
derived by transfer from Office of Justice Assistance, Research, and
Statistics, " Law enforcement assistance".
For an additional amount for " Fees and expenses of witnesses",
$846,000 to be derived by transfer from Office of Justice Assistance,
Research, and Statistics, " Law enforcement assistance".
For an additional amount for " Salaries and expenses", $8,336,000, of
which $7,648,000 shall be derived by transfer from the appropriation
under the heading Office of Justice Assistance, Research, and
Statistics, " Law enforcement assistance".
For an additional amount for " Salaries and expenses", $15,000,000,
of which $3,000,000 shall be derived by transfer from the appropriation
under the heading Office of Justice Assistance, Research, and
Statistics, " Law enforcement assistance". The number of vehicles which
may be purchased for police-type use is increased to four hundred
sixty-one, of which three hundred fifty-eight shall be for replacement
only.
For an additional amount for " Salaries and expenses", $2,362,000, to
be derived by transfer from the appropriation under the heading Office
of Justice Assistance, Research, and Statistics, " Law enforcement
assistance".
For an additional amount for " Law enforcement assistance",
$7,000,000, to be derived by transfer from Federal Prison System, "
Salaries and expenses": Provided, That such sum shall be available only
for the Technical Assistance Program in order to fund additional
security necessary for the National Political Conventions.
Of the funds appropriated under this head in Public Law 96 - 68, //
93 Stat. 422. // making appropriations for the Department of Justice
for fiscal year 1980, and other appropriations Acts in previous years,
$4,439,446 are rescinded.
Sec. 203. Sums appropriated by this Act for the Department of
Justice may be used for expenses for travel and transportation of
persons, and for transportation of things, as may be necessary for the
investigation and prosecution of cases, the apprehension and retention
of prisoners, and deportation activities, without regard to any
restriction or limitation on the availability of sums for such expenses,
unless legislation containing such a restriction or limitation is
enacted after the date of enactment of this Act which specifically
refers to this section.
For expenses necessary to carry out the provisions of Reorganization
Plan No. 3 of 1979, // 44 FR 69273. // $200,000. For expenses
necessary to carry out the provisions of Public Law 95 - 606 and Public
Law 95 - 482, // 92 Stat. 1603. // $4,000,000, to be available
immediately for grants to the United States Olympic Committee and
$6,000,000 to become available upon a determination by the Secretary of
Commerce that the United States Olympic Committee has collected
$8,000,000 from non-Federal sources after May 15, 1980, and to remain
available until expended: Provided, That any grant from the $6,000,000
provided above which is made to the Committee after the Secretary's
determination shall not exceed one-half of additional funds collected
from non-Federal sources. For the purpose of determining the amount of
funds collected from non-Federal sources with respect to any grant
pursuant to this appropriation, the Secretary may consider pledges of
funds to be collected if pledged in accordance with procedures
established by the Secretary. No portion of the funds appropriated
hereunder shall be used (except as determined by the Secretary to be in
the national interest) for the financing of programs conducted by, and
none of the national governing body authority specified in section 203
of Public Law 95 - 606 // 36 USC 393. // as hereby amended shall be
exercised by, a national governing body member of the Committee for a
particular sport, when another amateur sports organization has been
declared (pursuant to binding arbitration proceedings prescribed by the
organic documents of the Committee) entitled to replace such national
governing body as the member of the Committee for that sport.
For necessary expenses for designing, constructing, and operating a
Federal Pavilion in the Knoxville International Energy Exposition,
$20,800,000, to remain available through September 30, 1984, including
not to exceed $12,000 for entertainment of officials of other countries
when specifically authorized by the Commissioner General during the
period ending November 15, 1982: Provided, That no additional Federal
funds shall be made available for this purpose.
For necessary expenses of administering the economic development
assistance programs as provided for by law, $40,000,000: Provided, That
not to exceed $300,000 may be advanced to the Small Business
Administration for processing of loan applications: Provided further,
That these funds may also be used to monitor projects approved pursuant
to title I of the Public Works Employment Act of 1976. // 42 USC 6701.
//
For an additional amount for " Economic development assistance
programs", $5,000,000, to remain available until September 30, 1981,
notwithstanding the provisions of section 105 of Public Law 96 - 86 //
93 Stat. 660. // and section 105 of Public Law 96 - 123. // 93 Stat.
926. //
For an additional amount for " Operations and administration",
$1,200,000, to remain available until expended.
For an additional amount for " Operations, research, and facilities",
$1,500,000, to remain available until expended.
For an additional amount for " Coastal zone management", $5,250,000,
to remain available until expended.
For expenses necessary to carry out the provisions of the Fishermen's
Protective Act of 1967, // 22 USC 1971 // as amended, $930,000, to be
derived from the receipts collected pursuant to that Act, to remain
available until expended.
Of the funds appropriated under this head in Public Law 95 - 86, //
93 Stat. 656. // making appropriations for the Department of Commerce
for fiscal year 1978, $35,400,000 are rescinded.
For an additional amount for " Salaries and expenses", $1,000,000.
CONTRACT
AUTHORITY)
For an additional amount for " Operating-differential subsidies",
$44,307,000, to remain available until expended.
For an additional amount for " Operations and training", $1,174,000,
to remain available until expended.
For an additional amount for salaries and expenses of Pretrial
Services Agencies established pursuant to title II of the Speedy Trial
Act of 1974, // 18 USC 3152. // including support of services to
defendants released pending trial, $900,000, to be derived by a transfer
from the appropriation " Space and facilities, the Judiciary".
Of the funds appropriated under this head in Public Law 96 - 68,
making appropriations for the Departments of State, Justice, and
Commerce, the Judiciary, and related agencies for fiscal year 1980, //
93 Stat. 430. // $720,000 are rescinded.
For an additional amount for " Board for International Broadcasting",
including grants to RFE/RL, Inc., $5,000,000, to remain available until
expended, all of which shall be available for fluctuations in foreign
currency exchange rates in accordance with the provisions of section 8
of the Board for International Broadcasting Act of 1973, as amended. //
22 USC 2877. //
There are appropriated such sums as may be necessary for payment of
principal and interest on loans guaranteed pursuant to the Chrysler
Corporation Loan Guarantee Act of 1979 // 15 USC 1861 // and in default,
to be available immediately and to remain available until December 31,
1991.
The limitation on land and structures under this heading in the
Departments of State, Justice, and Commerce, the Judiciary, and Related
Agencies Appropriation Act, 1980 // 93 Stat. 431. // is increased to
$1,125,000; and the limitation on improvement and care of grounds and
repair to buildings under this heading in said Act is increased to
$100,000.
For an additional amount for " Salaries and expenses", $1,000,000.
For an additional amount for " Salaries and Expenses", $6,000,000.
For an additional amount for the " Disaster Loan Fund",
$1,177,000,000: Provided, That $1,163,000,000 of such amount shall be
available without fiscal year limitation and $14,000,000 of such amount
shall be available without fiscal year limitation and may be transferred
to " Salaries and expenses".
For an additional amount for " Transportation Planning, Research and
Development," to remain available until expended, $350,000.
For an additional amount for " Operating Expenses", $45,100,000.
For an additional amount for " Retired Pay", $7,500,000, and, in
addition, the Secretary of Transportation, subject to the prior approval
of the House and Senate Committees on Appropriations, is authorized to
transfer an amount not to exceed $1,500,000 to the U.S. Coast Guard
appropriation Retired Pay from any available appropriation to meet
additional Retired Pay costs which may be increased in fiscal year 1980.
For an additional amount for the " Pollution Fund", $20,500,000, to
remain available until expended.
For an additional amount for " Operation and Maintenance,
Metropolitan Washington Airports," $1,162,000: Provided, That there may
be credited to this appropriation, funds received from air carriers,
concessionaires and non-Federal tenants to cover utility and fuel costs
in excess of $5,673,000.
The appropriation " Surface Transportation, energy and safety"
contained in the Department of Transportation and Related Appropriation
Act, 1980, // 93 Stat. 1027. // is amended by deleting "section 131(j)
of title 23, U.S.C., $8,500,000" and inserting in lieu thereof "section
131 of title 23 U.S.C. and section 104(a)(11) of the Surface
Transportation Assistance Act of 1978, // 92 Stat. 2690. // to remain
available until expended, $8,500,000, of which not to exceed $6,500,000
shall be available for section 131(j)".
For an additional amount for Federal-aid highways, $1,400,000,000, or
so much as may be available in and derived from the Highway Trust Fund,
to remain available until expended: Provided, That (a) Notwithstanding
any other provision of law, the total of all obligations for Federal-aid
highways and highway safety construction programs for fiscal year 1980
shall not exceed $7,800,000,000. This limitation shall not apply to
obligations for emergency relief under section 125 of title 23, United
States Code.
(b) For fiscal year 1980, immediately upon enactment of this Act, the
Secretary of Transportation shall control the obligation of such
limitation by distribution of amounts of such limitation not obligated
on the date of enactment of this Act in the ratio which sums authorized
to be appropriated for Federal-aid highways and highway safety
construction which are apportioned or allocated to a State in fiscal
year 1980 bears to the total of the sums authorized to be appropriated
for Federal-aid highways and highway safety construction which are
apportioned or allocated to all the States in such fiscal year; except
that no State shall receive a distribution such that the total of
amounts so distributed to such State and amounts obligated by such State
on or before the date of enactment of this Act would exceed a
distribution of such limitation made in the ratio which sums authorized
to be appropriated for Federal-aid highways and highway safety
construction which are apportioned or allocated to such State in fiscal
year 1980 bears to the total of the sums authorized to be appropriated
for Federal-aid highways and highway safety construction which are
apportioned or allocated to all the States in such fiscal year and the
Secretary of Transportation shall not be required to cancel any
obligations incurred on or before the date of enactment of this Act.
(c) Notwithstanding subsection (b), the Secretary shall--,
(1) provide all States with authority sufficient to prevent
lapses of sums authorized to be appropriated for Federal-aid
highways and highway safety construction which have been
apportioned or allocated to a State, except in those instances in
which a State has indicated prior to April 2, 1980, its intention
to lapse sums apportioned under subsection 104(b)(5)(A), title 23,
United States Code;
// 23 USC 104. //
(2) after August 15, 1980, revise a distribution made under
subsection (b) in the event a State will not obligate the amount
distributed during fiscal year 1980 and redistribute sufficient
amounts to those States able to obligate amounts in addition to
those previously distributed during fiscal year 1980; and
(3) not distribute funds for administrative expenses and forest
highways under such limitation.
(d) Notwithstanding any other provision of law, obligations
authorized for carrying out the provisions of 23 U.S.C. 125 for the
fiscal year ending September 30, 1980, are increased to $350,000,000.
Such obligational authority is to remain available until September 30,
1982.
(e) The Congress disapproves the proposed deferral D80 - 61, relating
to the Federal Highway Administration, Federal-aid highways, as set
forth in the message of April 16, 1980, which was transmitted to the
Congress by the President. This disapproval shall be effective upon the
enactment into law of this bill.
For an additional amount for carrying out section 126(e) of Public
Law 95 - 599, // 92 Stat. 2705. // $3,000,000, to be derived from the
Highway Trust Fund, and to remain available until expended.
For payment to provide supplemental unemployment insurance,
$5,000,000 under section 10; // 45 USC 909. // and for new career
training assistance, $1,500,000, under section 12, // 45 USC 911. // of
the Milwaukee Railroad Restructuring Act; together with $61,600,000 to
become available for obligation on October 1, 1980, for payment of
benefits under section 509 of the Regional Rail Reorganization Act of
1973 // 45 USC 779. // as amended: Provided, That notwithstanding any
other provision of law none of the funds appropriated in this or any
previous Act may be made available to Conrail or any of it subsidiaries
for any employee protection payments, other than those specified in
title VI of H.R. 7235 as reported by the Subcommittee on Transportation
and Commerce of the Interstate and Foreign Commerce Committee, which are
identical or similar to those previously authorized by title V of the
Regional Rail Reorganization Act of 1973 // 45 USC 771. // to be paid
by Conrail to current Conrail employees and Conrail shall not be liable
to make any such employee protection payments other than those specified
in title VI of H.R. 7235 as reported by the Subcommittee on
Transportation and Commerce of the Interstate and Foreign Commerce
Committee: Provided further, That this limitation shall not apply to
those payments made to employees in accordance with the terms of title
VI of H.R. 7235 as reported by the Subcommittee on Transportation and
Commerce of the Interstate and Foreign Commerce Committee: Provided
further, That the effective date of this limitation is the first day of
the month following enactment of this bill.
CORPORATION
Provided, That notwithstanding any other provision of law the funds
appropriated to the National Railroad Passenger Corporation for Capital
Improvements shall become available only as they are required to make
payments to vendors for capital equipment deliveries and services
delivered during the balance of fiscal year 1980.
FUNDS
Of the funds authorized to be expended under this head by the
Department of Transportation and Related Agencies Appropriation Act,
1980, // 93 Stat. 1031. // $60,000,000 are rescinded: Provided, That
of the funds appropriated under section 505 of the Railroad
Revitalization and Regulatory Reform Act of 1976, // 45 USC 825. // an
additional $15,000,000 may be used for transaction assistance in
accordance with section 505(h)(1) (A) and (B), as amended by the Rock
Island Railroad Transition and Employee Assistance Act, except that the
dollar limitations contained in those subsections shall not apply to the
$15,000,000: Provided further, That the $15,000,000 shall be available
only upon the enactment of authorizing legislation and shall not be
expended prior to October 1, 1980.
For an additional amount for " Urban discretionary grants",
$330,000,000, to remain available until September 30, 1983.
UNIVERSITY
RESEARCH AND TRAINING
The Congress disapproves the proposed deferral D80 - 64 relating to
the Urban Mass Transportation Administration, Research, Development, and
Demonstrations and University Research and Training, as set forth in the
message of April 16, 1980, which was transmitted to the Congress by the
President. This disapproval shall be effective upon the enactment into
law of this bill.
The Congress disapproves the proposed deferral D80 - 72 relating to
Urban Mass Transportation Administration, Interstate Transfer Grants, as
set forth in the message of June 18, 1980, which was transmitted to the
Congress by the President. This disapproval shall be effective upon the
enactment into law of this bill.
None of the funds provided in this Act or any previous Appropriation
Act shall be available for the execution of research and development
programs the obligations in fiscal year 1980 for which are in excess of
95 per centum of the amounts estimated to be obligated for research and
development in fiscal year 1980 as reflected in the January, 1980 budget
document for " Coast Guard, research, development, test, and evaluation;
Federal Aviation Administration, facilities, engineering and
development and research, engineering and development; Federal Highway
Administration, Limitation on general operating expenses, highway safety
research and development and motor carrier safety; National Highway
Traffic Safety Administration, operations and research; Federal
Railroad Administration, railroad research and development; Urban Mass
Transportation Administration, research, development, and demonstrations
and university research and training (including service and methods
demonstrations); Research and Special Programs Administration, research
and special programs."
For an additional amount for payments to air carriers of so much of
the compensation fixed and determined by the Civil Aeronautics Board
under section 406 and section 419 of the Federal Aviation Act of 1958,
// 49 USC 1376, 1389. // as amended, and the Airline Deregulation Act
of 1978, // 49 USC 1301 // as is payable by the Board, $19,669,000, to
remain available until expended.
Of the funds appropriated under this head in the Department of
Transportation and Related Agencies Appropriation Act, 1980, // 93 Stat.
1035. // $60,000,000 are rescinded.
For an additional amount for " Administrative expenses," $4,100,000,
to remain available through September 30, 1981.
Of the funds appropriated under this head in Public Law 96 - 74, //
93 Stat. 559. // making appropriations for the Treasury Department for
fiscal year 1980, $250,000 are rescinded.