text:
Page:Dictionary of National Biography volume 62.djvu/304

 On 5 Jan. 1748–9 he obtained a majority in the 20th foot (Lord George Sackville's), and joined it at Stirling early in February. The lieutenant-colonel, Cornwallis, went to Nova Scotia soon afterwards as governor, and Wolfe had command of the regiment except when the colonel was present. This had its drawbacks: ‘My stay must be everlasting; and thou know'st, Hal, how I hate compulsion’ (2 April 1749). The regiment was sent to Glasgow in March, and to Perth in November. Lord Bury became colonel of it there, and on 20 March 1749–50 Wolfe was given the lieutenant-colonelcy. He felt his responsibility as ‘a military parent’ not yet twenty-three, and was at great pains to set a good example. But the monotony soon fretted him: ‘The care of a regiment of foot is very heavy, exceeding troublesome, and not at all the thing I delight in’ (6 Nov. 1751). The climate tried him, for he needed sunshine for health; and ‘the change of conversation, the fear of becoming a mere ruffian … proud, insolent, and intolerable,’ made him wish to get away from the regiment from time to time.

Besides this, he had a strong desire to make good the deficiencies of his education. He took lessons in mathematics and Latin while he was at Glasgow, and he wanted to go abroad for a year or two to perfect himself in French, and at the same time study artillery and engineering. But the Duke of Cumberland refused him leave, saying, not unreasonably, that a lieutenant-colonel ought not to be absent from his regiment for any considerable time. ‘This is a dreadful mistake,’ Wolfe wrote, ‘and, if obstinately pursued, will disgust a number of good intentions, and preserve that prevailing ignorance of military affairs that has been so fatal to us in all our undertakings’ (9 June 1751). Baulked of his purpose, he spent the winter of 1750–1 in London dissipations, which injured his health. He rejoined his regiment at Banff in April. In September they went to Inverness, and in May 1752 to Fort Augustus. He formed a friendship with Mrs. Forbes of Culloden, danced with the daughter of Macdonald of Keppoch, and tried to capture Macpherson of Cluny, who was still hiding in his own country (, p. 310). He made the best of his ‘exile,’ taking plenty of exercise, for he was a keen sportsman, and reading much. He recommended ‘L'Esprit des Lois’ to his friend Rickson, and found ‘Thucydides’ (in a French version) ‘a most incomparable book.’

Rickson was then in Nova Scotia, and Wolfe took great interest in his accounts of that country, foreseeing that much would happen there in the next war with France. For the desultory frontier warfare which was going on, he said: ‘I should imagine that two or three independent highland companies might be of use; they are hardy, intrepid, accustomed to a rough country, and no great mischief if they fall’ (9 June 1751).

In June 1752 he got leave of absence, and after paying a visit to his uncle, Major Walter Wolfe, in Dublin, he was allowed to go to Paris in October. He remained there till March 1753, taking daily lessons in French, riding, fencing, and dancing, but seeing a good deal of the court and society. He asked leave to attend a French camp of exercise in the summer, and hoped to see something of the Prussians and Austrians; but he was recalled to the regiment owing to the sudden death of the major.

The summer was spent in road-making on Loch Lomond. In September the regiment left Scotland for Dover, and for the next four years it was quartered in the south of England. In the winter of 1754–5 it was at Exeter, and Wolfe wrote: ‘I have danced the officers into the good graces of the Jacobite women hereabouts.’ A year later it was at Canterbury, preparing to take the field in case of invasion, and Wolfe issued his admirable ‘instructions for the 20th regiment (in case the French land)’ on 15 Dec. 1755. He was often severe both on officers and men, but at this time he wrote: ‘We have … some incomparable battalions, the like of which cannot, I'll venture to say, be found in any army,’ and his own was one of them. Men of rank who wished to learn soldiering elected to serve in it. Wolfe had introduced a system of manœuvres which continued in use long after his death (see p. 18 of Manœuvres for a Battalion of Infantry, published in 1766), and had a wide reputation as a regimental officer. It seems to have been in reply to some mention of this by his mother that he wrote to her: ‘I reckon it a very great misfortune to this country that I, your son, who have, I know, but a very moderate capacity, and some degree of diligence a little above the ordinary run, should be thought, as I generally am, one of the best officers of my rank in the service’ (8 Nov. 1755). But he did not strike others as diffident: ‘the world could not expect more from him than he thought himself capable of performing’ (, George II, ii. 240).

He had hopes of the colonelcy of the 20th when it became vacant in April 1755, but it was given to Philip Honeywood, and, when again vacant in May 1756, to William Kingsley. It was as ‘Kingsley's’ that the regiment fought at Minden. In February


text:
Page:United States Statutes at Large Volume 97.djvu/982

 97 STAT. 950 PUBLIC LAW 98-146—NOV. 4, 1983 COMMISSION OF FINE ARTS SALARIES AND EXPENSES For expenses made necessary by the Act establishing a Commis- sion of Fine Arts (40 U.S.C. 104), $340,000. ADVISORY COUNCIL ON HISTORIC PRESERVATION SALARIES AND EXPENSES For expenses made necessary by the Act establishing an Advisory 16 USC 470i. Council on Historic Preservation, Public Law 94-422, $1,546,000: Provided, That none of these funds shall be available for the com- 5 USC 5316. pensation of Executive Level V or higher positions. NATIONAL CAPITAL PLANNING COMMISSION SALARIES AND EXPENSES For necessary expenses, as authorized by the National Capital Planning Act of 1952 (40 U.S.C. 71i), including services as authorized by 5 U.S.C. 3109j and uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901-5902), $2,447,000. FRANKLIN DELANO ROOSEVELT MEMORIAL COMMISSION SALARIES AND EXPENSES For necessary expenses of the Franklin Delano Roosevelt Memo- rial Commission, established by the Act of August 11, 1955 (69 Stat. 694), as amended by Public Law 92-332 (86 Stat. 401), $20,000 to remain available for obligation until September 30, 1985. PENNSYLVANIA AVENUE DEVELOPMENT CORPORATION SALARIES AND EXPENSES For necessary expenses, as authorized by section 17(a) of Public 40 USC 885. Law 92-578, as amended, $2,275,000 for operating and administra- tive expenses of the Corporation. PUBLIC DEVELOPMENT For public development activities and projects in accordance with the development plan as authorized by section 17(b) of Public Law 40 USC 885. 92-578, as amended, $9,600,000 to remain available for obligation until expended. FEDERAL INSPECTOR FOR THE ALASKA GAS PIPELINE PERMITTING AND ENFORCEMENT For necessary expenses of the Federal Inspector for the Alaska Gas Pipeline, $2,963,000, of which not to exceed $1,000 may be used for official reception and representation expenses.

�

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


text:
Page:United States Statutes at Large Volume 97.djvu/983

 PUBLIC LAW 98-146—NOV. 4, 1983 UNITED STATES HOLOCAUST MEMORIAL COUNCIL 97 STAT. 951 HOLOCAUST MEMORIAL COUNCIL For expenses of the Holocaust Memorial Council, as authorized by Public Law 96-388, $1,853,000. TITLE III-GENERAL PROVISIONS SEC. 301. The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where such expendi- tures are a matter of public record and available for public inspec- tion, except where otherwise provided under existing law, or under existing Executive Order issued pursuant to existing law. SEC. 302. No part of any appropriation under this Act shall be available to the Secretaries of the Interior and Agriculture for usc for any sale hereafter made of unprocessed timber from Federal lands west of the 100th meridian in the contiguous 48 States which will be exported from the United States, or which will be used as a substitute for timber from private lands which is exported by the purchaser: Provided, That this limitation shall not apply to specific quantities of grades and species of timber which said Secretaries determine are surplus to domestic lumber and plywood manufactur- ing needs. SEC. 303. No part of any appropriation under this Act shall be available to the Secretary of the Interior or the Secretary of Agricul- ture for the leasing of oil and natural gas by noncompetitive bidding on publicly owned lands within the boundaries of the Shawnee National Forest, Illinois: Provided, That nothing herein is intended to inhibit or otherwise affect the sale, lease, or right to access to minerals owned by private individuals. SEC. 304. No part of any appropriation contained in this Act shall be available for any activity or the publication or distribution of literature that in any way tends to promote public support or opposition to any legislative proposal on which congressional action is not complete. SEC. 305. No funds appropriated by this Act shall be available for the implementation or enforcement of any rule or regulation of the United States Fish and Wildlife Service, Department of the Interior, requiring the use of steel shot in connection with the hunting of waterfowl in any State of the United States unless the appropriate State regulatory authority approves such implementation and enforcement. SEC. 306. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. SEC. 307. None of the funds provided in this Act to any depart- ment or agency shall be obligated or expended to provide a personal cook, chauffeur, or other personal servants to any officer or employee of such department or agency. SEC. 308. Except for lands described by sections 105 and 106 of Public Law 96-560, section 103 of Public Law 96-550, section 5(d)(1) of Public Law 96-312, and except for land in the State of Alaska, and lands in the national forest system released to management for any usc the Secretary of Agriculture deems appropriate through the land management planning process by any statement or other Act 36 USC 1401-1408. Shawnee National Forest, 111. Personal serva nts, funding prohibition. 94 Stat. 3268, 3270, 3223. 94 Stat. 949.

�


text:
Page:United States Statutes at Large Volume 97.djvu/984

 97 STAT. 952 PUBLIC LAW 98-146—NOV. 4, 1983 Permits for prospecting, seismic surveys, and core samplings. Mineral inventories. 16 USC 1133. of Congress designating components of the National Wilderness Preservation System now in effect or hereinafter enacted, and except to carry out the obligations and responsibilities of the Secre- tary of the Interior under section 17(k)(l)(A) and (B) of the Mineral Leasing Act of 1920 (30 U.S.C. 226), none of the funds provided in this Act shall be obligated for any aspect of the processing or issuance of permits or leases pertaining to exploration for or devel- opment of coal, oil, gas, oil shale, phosphate, potassium, sulphur, gilsonite, or geothermal resources on Federal lands within any component of the National Wilderness Preservation System or within any Forest Service RARE II areas recommended for wilder- ness designation or allocated to further planning in Executive Communication 1504, Ninety-sixth Congress (House Document numbered 96-119); or within any lands designated by Congress as wilderness study areas or within Bureau of Land Management wilderness study areas: Provided, That nothing in this section shall prohibit the expenditure of funds for any aspect of the processing or issuance of permits pertaining to exploration for or development of the mineral resources described in this section, within any compo- nent of the National Wilderness Preservation System now in effect or hereinafter enacted, any Forest Service RARE II areas recom- mended for wilderness designation or allocated to further planning, within any lands designated by Congress as wilderness study areas, or Bureau of Land Management wilderness study areas, under valid existing rights, or leases validly issued in accordance with all appli- cable Federal, State, and local laws or valid mineral rights in existence prior to October 1, 1982: Provided further, That funds provided in this Act may be used by the Secretary of Agriculture in any area of National Forest lands or the Secretary of the Interior to issue under their existing authority in any area of National Forest or public lands withdrawn pursuant to this Act such permits as may be necessary to conduct prospecting, seismic surveys, and core sam- pling conducted by helicopter or other means not requiring con- struction of roads or improvement of existing roads or ways, for the purpose of gathering information about and inventorying energy, mineral, and other resource values of such area, if such activity is carried out in a manner compatible with the preservation of the wilderness environment: Provided further, That seismic activities involving the use of explosives shall not be permitted in designated wilderness areas: Provided further. That funds provided in this Act may be used by the Secretary of the Interior to augment recurring surveys of the mineral values of wilderness areas pursuant to section 4(d)(2) of the Wilderness Act and acquire information on other national forest and public land areas withdrawn pursuant to this Act, by conducting, in conjunction with the Secretary of Energy, the national laboratories, or other Federal agencies, as appropriate, such mineral inventories of areas withdrawn pursuant to this Act as he deems appropriate. These inventories shall be conducted in a manner compatible with the preservation of the wilderness environ- ment through the use of methods including core sampling conducted by helicopter; geophysical techniques such as induced polarization, synthetic aperture radar, magnetic and gravity surveys; geochemi- cal techniques including stream sediment reconnaissance and X-ray diffraction analysis; land satellites; or any other methods he deems appropriate. The Secretary of the Interior is hereby authorized to conduct inventories or segments of inventories, such as data analy- sis activities, by contract with private entities deemed by him to be

�


text:
Page:United States Statutes at Large Volume 97.djvu/985

 PUBLIC LAW 98-146—NOV. 4, 1983 97 STAT. 953 qualified to engage in such activities whenever he has determined that such contracts would decrease Federal expenditures and would produce comparable or superior results: Provided further, That in carrying out any such inventory or surveys, where National Forest System lands are involved, the Secretary of the Interior shall con- sult with the Secretary of Agriculture concerning any activities affecting surface resources: Provided further, That funds provided in this Act may be used by the Secretary of the Interior to issue oil and gas leases for the subsurface of national forest or public land wilderness areas, or any lands designated by Congress as wilderness study areas, that are immediately adjacent to producing oil and gas fields or areas that are prospectively valuable. Such leases shall allow no surface occupancy and may be entered only by directional drilling from outside the wilderness or other nonsurface disturbing methods. SEC. 309. None of the funds provided in this Act shall be used to evaluate, consider, process or award oil, gas or geothermal leases on Federal lands in the Mount Baker-Snoqualmie National Forest, State of Washington, within the hydrographic boundaries of the Cedar River municipal watershed upstream of river mile 21.6, the Green River municipal watershed upstream of river mile 61.0, the North Fork of the Tolt River proposed municipal watershed upstream of river mile 11.7 and the South Fork Tolt River municipal watershed upstream of river mile 8.4. SEC. 310. No assessments may be levied against any program, budget activity, subactivity, or project funded by this Act unless such assessments and the basis therefor are presented to the Com- mittees on Appropriations and are approved by such committees. SEC. 311. Employment funded by this Act shall not be subject to any personnel ceiling or other personnel restriction for permanent or other than permanent employment except as provided by law. SEC. 312. Funds provided for land acquisition in this Act may not be used to acquire lands for more than the approved appraised value (as addressed in section 301(3) of Public Law 91-646) except for condemnations and declarations of taking, without the written approval of the Committees on Appropriations. SEC. 313. Notwithstanding any other provisions of law, the Secre- tary of the Smithsonian Institution, the Secretary of the Interior and Secretary of Agriculture are authorized to enter into contracts with State and local governmental entities, including local fire districts, for procurement of services in the presuppression, detec- tion, and suppression of fires on any units within their jurisdiction. In addition, any contracts or agreements with the jurisdiction for fire management services listed above which are previously executed shall remain valid. SEC. 314. Except as expressly provided for by law, none of the funds appropriated by this Act shall be obligated to dispose, except by exchange, of any Federal land tract until such time as the agency responsible for administering the disposal of the tract has specifi- cally identified the tract as no longer being needed by the Federal Government; inventoried the tract as to its public benefit values; provided opportunity for public review and discussion of the tract proposed for disposal; and provided 30 days advance notice of the tract proposed for disposal and of the plans for carrying out such disposal to the congressional delegation of the State or States in which the tract proposed for sale is located and to the appropriate congressional committees for immediate printing in the Congres- Oil and gas leases. Mount Baker- Snoqualmie National Forest, Wash., oil, gas, or geothermal leases. Assessments, presentation to congressional committees. Employment. Land acquisition, congressional approval. 42 USC 4651. Contracts with State and local governme nts. Publication in Congressional Record.

�


text:
Page:United States Statutes at Large Volume 97.djvu/986

 97 STAT. 954 PUBLIC LAW 98-146—NOV. 4, 1983 43 USC 869 et seq. 40 USC 490. 16 USC 396f. 16 USC 396d. Landowner's surplus property account. 40 USC 471 note. Notification of transfer. Land conveyance. sional Record: Provided, That neither the Act of July 31, 1958, as amended (72 Stat. 438, as amended; 7 U.S.C. 1012a; 16 U.S.C. 478a) nor the Act of June 14, 1926, as amended (49 U.S.C. 869 et seq.) shall be subject to the provisions of this section. SEC. 315. No part of any appropriation contained in, or funds made available by this Act, shall be available for any agency to pay to the Administrator of the General Services Administration a rate per square foot for rental of space and services (established pursuant to section 210(j) of the Federal Property and Administrative Services Act of 1949, as amended) which is in excess of 14 per centum higher than the rate per square foot established for space and services by the General Services Administration for the fiscal year 1982. SEC. 316. The Congress finds that the Forest Service's proposal of March 15, 1983, to consider six million acres of the national forest for possible sale has met with considerable opposition; and the national forests are an important part of the national heritage of the United States; and the national forests provide and protect important resources; and the national forests provide unique oppor- tunities for recreation; and it is inconsistent with past management practices to dispose of large portions of our national forests. It is, therefore, the sense of the Congress that it is not in the national interest to grant the authority to sell significant acreage of the national forest until such time as the Forest Service specifically identifies the tracts which are no longer needed by the Federal Government; inventories the tracts as to their public benefit value; provides opportunities for public review and discussion of the tracts; and completes all necessary environmental assessments of such sales. SEC. 317. Notwithstanding any other provision of law, the Secre- tary of the Interior is authorized and shall seek to acquire the private lands described in section 505(a) of the Act of November 10, 1978 (92 Stat. 3467), by crediting a surplus property account, to be established in the name of each landowner, in the amount of the acquisition price for such landowner's lands. The National Park Service shall update the existing appraisals for the parcels and, based on the approved appraised values, shall negotiate with the landowners for acquisition prices. Each owner may, using such credits in his surplus property account, bid, as any other bidder for surplus property, wherever located, in accordance with the Federal Property and Administrative Services Act of 1949. The Administra- tor of the General Services Administration shall establish each landowner's surplus property account and shall adjust the credits in such accounts to reflect successful bids under this section. Title to the lands described in this section shall pass to the Government at the time of establishment of the surplus property accounts. The credits in any of the surplus property accounts may be transferred or sold in whole or in part at any time by the landowner to any other party, thereby vesting such party with all the rights of the landowner, and after such transfer, the landowner shall notify the Administrator of the transfer. At any time the Secretary may purchase the balance of any surplus property account subject to the availability of appropriated funds. SEC. 318. Notwithstanding any other provision of law, the Secre- tary of the Interior (hereinafter in this Act referred to as the "Secretary") is hereby authorized to convey to Mitchell School District in Scotts Bluff County, Nebraska, all right, title, and inter- est, except as provided herein, to a tract of land consisting of 20

�


text:
Page:United States Statutes at Large Volume 97.djvu/987

 PUBLIC LAW 98-146—NOV. 4, 1983 97 STAT. 955 Fair market value. acres, more or less, more particularly described as the west half southwest quarter northwest quarter section 17, township 23 north, range 55 west, sixth principal meridian. Conveyance of such right, title, and interest shall be upon the condition that the Mitchell School District shall simultaneously convey without cost, an ease- ment right on certain of the above-described lands to the Pathfinder Irrigation District for the purpose of operating and maintaining irrigation canals, laterals, or drains-related storage works of the North Platte project, a Federal reclamation project. The Mitchell School District shall pay the fair market value of the lands as of the date of the conveyance, including administrative costs, as deter- mined by the Secretary. In determining the fair market value of the Easement right. lands, the Secretary shall recognize the existence of the easement right to be granted to the Pathfinder Irrigation District and shall not include the value of any improvements made on or to the lands by the Mitchell School District or its predecessors. Withdrawals from the public domain as they pertain only to the lands described in this paragraph under Secretarial Orders of February 11, 1903, and July 24, 1917, for purposes of the North Platte project, are revoked by conveyance of the rights, title, and interests as set forth in this paragraph. SEC. 319. Section 3 of Public Law 96-315 is hereby amended by adding the following new subsection: "(f) Up to 15 additional permits shall be granted to those persons meeting any one of the following conditions: (1) A resident as of July 1, 1982, who held a valid Fish and Wildlife Service access permit for improved property owners at any time during the period from July 29, 1976, through Decem- ber 31, 1979. (2) Anyone in continuous residency since 1976 residing in the area bounded on the north by the refuge boundary and on the south by a straight line passing through a point on the east-west prolongation of the centerline of Albacore Street, Whaleshead Club Subdivision, Currituck County, North Carolina. (3) Any permanent full-time resident as of April 1, 1983, not otherwise eligible who can substantiate to the Secretary of the Interior that access is essential to their maintaining a livelihood.". Approved November 4, 1983. Land withdrawals, revocation. Permits. 94 Stat. 958. LEGISLATIVE HISTORY—H.R. 3363: HOUSE REPORTS: No. 98-253 (Comm. on Appropriations) and No. 98 -399 (Comm. of Conference). SENATE REPORT No. 98-184 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 129 (1983): June 28, considered and passed House. Aug. 1-3, Sept. 13, 19-21, considered and passed Senate, amended. Oct. 5, House agreed to conference report; concurred in certain Senate amend- ments in others with amendments, and disagreed to another. Oct. 19, Senate agreed to conference report; concurred in certain House amendments, in others with amendments, and disagreed to an amendment. Oct. 20, Senate receded from an amendment and concurred in a House amendment with an amendment. House receded from its amendment in disagreement and concurred in Senate amendments.

�


text:
Page:United States Statutes at Large Volume 97.djvu/988

 97 STAT. 956 PUBLIC LAW 98-147—NOV. 4, 1983 Public Law 98-147 98th Congress Joint Resolution Nov. 4, 1983 Designating the week of November 20, 1983, through November 26, 1983, as [S.J. Res. 45] "National Family Week". Resolved by the Senate and House of Representatives of the United National Family States of America in Congress assembled, That the President is ^®®^ hereby authorized and requested to issue a proclamation designat- ing the week of November 20, 1983, through November 26, 1983, as "National Family Week", and inviting the Governors of the several States, the chief officials of local governments, and the people of the United States to observe such week with appropriate ceremonies and activities. Approved November 4, 1983. LEGISLATIVE HISTORY—S.J. Res. 45: CONGRESSIONAL RECORD, Vol. 129 (1983): Apr. 21, considered and passed Senate. Oct. 26, considered and passed House.

�


text:
Page:United States Statutes at Large Volume 97.djvu/989

 PUBLIC LAW 98-148—NOV. 7, 1983 97 STAT. 957 Public Law 98-148 98th Congress An Act To designate the Federal Building in Fort Myers, Florida, as the "George W. Whitehurst Federal Building and United States Ck>urthouse". Nov. 7, 1983 [S. 552] George W. Whitehurst Federal Building and U.S. Courthouse. Designation. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the building located at 2301 First Street, Fort Myers, Florida, known as the Federal Building, shall hereafter be Imown and designated as the "George W. Whitehurst Federal Building and United States Court- house". Any reference in a law, map, regulation, document, record, or other paper of the United States to that building shall be deemed to be a reference to the "George W. Whitehurst Federal Building and United States Courthouse". SEC. 2. Section 3(b) of Public Law 98-1 is amended by striking the Ante, p. 3 words "six months" and substituting therefor "two years". Approved November 7, 1983. LEGISLATIVE HISTORY—S. 552 (H.R. 3303): HOUSE REPORT No. 98 -366 accompanying H.R. 3303 (Comm. on Public Works and Transportation). CONGRESSIONAL RECORD, Vol. 129 (1983): Sept. 30, considered and passed Senate. Oct. 3, H.R. 3303 considered and passed House; S. 552 passed in lieu. Oct. 4, proceedings of Oct. 3 vacated and S. 552 passed House, amended. Oct. 27, Senate concurred in House amendment.

�


text:
Page:United States Statutes at Large Volume 97.djvu/990

 97 STAT. 958 PUBLIC LAW 98-149—NOV. 7, 1983 Nov. 7, 1983 [S. 1944] U.S.S. Albacore. Transfer to submarine memo rial association. Public Law 98-149 98th Congress An Act To allow the obsolete submarine United States ship Albacore to be transferred to the Portsmouth Submarine Memorial Association, Incorporated, before the expiration of the otherwise applicable sixty-^lay congressional review period. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That clauses (2) and (3) of section 7308(c) of title 10, United States Code, shall not apply with respect to the transfer by the Secretary of the Navy under section 7308(a) of such title of the obsolete submarine United States ship Albacore to the Portsmouth Submarine Memorial Association, Incorporated, a nonprofit corporation organized under the laws of the State of New Hampshire. Approved November 7, 1983, LEGISLATIVE HISTORY—S. 1944 (H.R. 3980): HOUSE REPORT No. 98 -441 accompanying H.R. 3980 (Comm. on Armed Services). CONGRESSIONAL RECORD, Vol. 129 (1983): Oct. 20, considered and passed Senate. Oct. 26, considered and passed House.

�


text:
Page:United States Statutes at Large Volume 97.djvu/991

 PUBLIC LAW 98-150—NOV. 11, 1983 97 STAT. 959 Public Law 98-150 98th Congress An Act To amend the Ethics in Government Act of 1978 to make certain changes in the authority of the Office of Government Ethics, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, AMENDMENTS TO ETHICS IN GOVERNMENT ACT OF 1978 SECTION 1. Except as otherwise expressly provided in this Act, whenever an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the refer- ence shall be considered to be made to a section or other provision of the Ethics in Government Act of 1978. Nov. 11, 1983 [S. 461] Ethics in Government Act of 1978, amendment. 2 USC 701 note. FIVE YEAR TERM FOR AND REMOVAL OF THE DIRECTOR SEC. 2. Section 401(b) is amended by adding at the end thereof the following: "Effective with respect to any individual appointed or reappointed by the President as Director on or after October 1, 1983, the term of service of the Director shall be five years.". 5 USC app. AUTHORITY OF DIRECTOR SEC. 3. (a) Section 402(a) is amended by striking out "under the general supervision of and inserting in lieu thereof "in consulta- tion with". (b) Section 402(b) is amended— (1) in paragraph (1)— (A) by striking out "and recommending to the Office of Personnel Management"; (B) by inserting "and the Office of Personnel Manage- ment" immediately after "Attorney General"; and (C) by striking out "President or the Office of Personnel Management" and inserting in lieu thereof "President or the Director"; (2) in paragraph (2)— (A) by striking out "and recommending to the Office of Personnel Management"; (B) by inserting "and the Office of Personnel Manage- ment" immediately after "Attorney General"; and (C) by striking out "President or the Office of Personnel Management" and inserting in lieu thereof "President or the Director"; (3) in paragraph (6) by striking out "Office of Personnel Management" and inserting in lieu thereof "Director"; (4) in paragraph (12)— (A) by inserting "and the Office of Personnel Manage- ment" immediately after "Attorney General"; and 5 USC app.

�


text:
Page:United States Statutes at Large Volume 97.djvu/992

 97 STAT. 960 PUBLIC LAW 98-150—NOV. 11, 1983 (B) by striking out "Office of Personnel Management" and inserting in lieu thereof "Director"; and (5) in paragraph (15) by striking out "and recommending for promulgation by the Office of Personnel Management" and inserting in lieu thereof ", in consultation with the Office of Personnel Management, and promulgating". 5 USC app. (c) Section 404 is amended by striking out "Office of Personnel Management" and inserting in lieu thereof "Director". (d)(1) Any rules or regulations issued under section 402 of the 5 USC app. Ethics in Government Act of 1978 which are in effect immediately before the effective date of the amendments made by this Act shall remain in effect according to their terms until modified, superseded, set aside, or revoked on or after such effective date. (2) The responsibilities of the Director of the Office of Government Ethics under paragraphs (6) and (12), respectively, of section 402(b) of the Ethics in Government Act of 1978, with respect to rules and regulations issued by the Office of Personnel Management before the effective date of the amendments made by this Act shall not be affected by this Act or any of the amendments made by this Act. SEPARATE BUDGET LINE ITEM FOR OFFICE OF GOVERNMENT ETHICS SEC. 4. Title IV is amended by adding at the end thereof the following new section: "SUBMISSION OF BUDGET 5 USC app. "SEC. 407. (a) In the budget submitted to the Congress pursuant to section 1105(a) of title 31, United States Code, the President shall include estimated expenditures and proposed appropriations the President decides are necessary to support the Office of Government Ethics in the fiscal year for which the budget is submitted and the four fiscal years after that year. "(b) In the statement of changes submitted to Congress with respect to the budget pursuant to section 1106(b) of title 31, United States Code, the President shall specify the effect of such changes on the information submitted pursuant to subsection (a) of this section.". REQUEST ASSISTANCE FROM INSPECTORS GENERAL 5 USC app. SEC. 5. Section 403 is amended by inserting at the end thereof the following: "The authority of the Director under this section includes the authority to request assistance from the inspector general of an agency in conducting investigations pursuant to subsections (b)(3) 5 USC app. and (b)(4) of section 402.". OFFICE OF GOVERNMENT ETHICS REVIEW OF FINANCIAL DISCLOSURE REPORTS OF HIGH LEVEL WHITE HOUSE AIDES 5 USC app. SEC. 6. Section 203(c) is amended by adding after "designated agency officials," the following: "employees described in section 105(a)(2)(A) or (B), 106(a)(1)(A) or (B), or 107 (a)(l)(A) or (b)(l)(A)(i), of title 3, United States Code,".

�


text:
Page:United States Statutes at Large Volume 97.djvu/993

 PUBLIC LAW 98-150-NOV. 11, 1983 97 STAT. 961 LIMIT ON OUTSIDE EARNED INCOME FOR HIGH LEVEL WHITE HOUSE AIDES SEC. 7. Section 210 is amended to read as follows: 5 USC app. "OUTSIDE EARNED INCOME "SEC. 210. Except where the employee's g^ency or department shall have more restrictive limitations on outside earned income, all employees covered by this title— "(1) who are compensated at a pay grade in the General Schedule of grade GS-16 or above and who occupy nonjudicial 5 USC 5332 note. full-time positions, appointments to which are required to be made by the President by and with the advice and consent of the Senate, or "(2) who are employees of the White House Office and are compensated at rates equivalent to level II of the Executive Schedule under section 5313 of title 5, United States Code, may not have in any calendar year outside earned income attributa- ble to such calendar year which is in excess of 15 percent of their salary.". REPORTS BY PRESIDENTIAL NOMINEES SEC. 8. Section 201(b) is amended— 5 USC app. (1) by inserting "(1)" immediately after "(b)"; (2) by inserting after the first sentence the following: "Such individual shall, not later than the date of the first hearing to consider the nomination of such individual, make current the report filed pursuant to this paragraph by filing the informa- tion required by section 202(a)(1)(A) with respect to income and honoraria received as of the date which occurs five days before the date of such hearing."; and (3) by adding at the end thereof the following new paragraph: "(2) An individual whom the President or the President-elect has publicly announced he intends to nominate to a position may file the report required by paragraph (1) at any time after that public announcement but not later than is required under the first sen- tence of such paragraph.". ETHICS AGREEMENTS SEC. 9. Title II is amended— (1) by redesignating section 211 as section 212; and 5 USC app. (2) by inserting after section 210 the following new section: "NOTICE OF ACTIONS TAKEN TO COMPLY WITH ETHICS AGREEMENTS "SEC. 211. (a) In any case in which an individual agrees with that 5 USC app. individual's designated agency official, the Office of Government Ethics, or a Senate confirmation committee to take any action to comply with this Act or any other law or regulation governing conflicts of interest of, or establishing standards of conduct applica- ble with respect to, officers or employees of the Government, that individual shall notify in writing the designated agency official, the Office of Government Ethics, or the appropriate committee of the Senate, as the case may be, of any action taken by the individual pursuant to that agreement. Such notification shall be made not 11-194O-85—32:QL3

�


text:
Page:Dictionary of National Biography volume 62.djvu/305

 1757 Wolfe accepted the post of quartermaster-general in Ireland, which was usually held by a colonel, in the hope of obtaining that rank; but he was still judged too young. The appointment (which he resigned in January 1758) did not take him away from his regiment, to which a second battalion was added in the spring of 1757. It was then stationed in Dorset, and a few months before part of it had been sent to Gloucestershire under Wolfe, on account of riots. He shared the general discontent at the mismanagement of affairs at this time: ‘We are the most egregious blunderers in war that ever took the hatchet in hand’ (17 July 1756); ‘this country is going fast upon its ruin by the paltry projects and more ridiculous execution of those who are entrusted’ (undated). He begged his mother ‘to persuade the general (his father) to contribute all he can possibly afford towards the defence of the island—retrenching, if need be, his expenses, moderate as they are’ (23 Feb. 1757).

At the end of June 1757 Pitt entered on his great administration, and in September an expedition was sent against Rochefort at his instance. The troops were commanded by Wolfe's friend, Sir John Mordaunt [q. v.] Both battalions of the 20th went, and Wolfe was made quartermaster-general of the force. It arrived off the French coast on 20 Sept., and remained there ten days, effecting nothing except the occupation of the Ile d'Aix. Wolfe came home very indignant: ‘We blundered most egregiously on all sides—sea and land’ (24 Oct.); ‘the public could not do better than dismiss six or eight of us from the service. No zeal, no ardour, no care and concern for the good and honour of the country’ (17 Oct.) There was much to be said on the other side, and it is doubtful if a landing would have fared better than that of Tollemache in 1694 (see Report of the Court of Inquiry, 1758, Wolfe's evidence is given at pp. 28–31 and 46–8; cf. Mémoires de Luynes, xvi. 189, 201). But Wolfe held that in such cases ‘the honour of our country is to have some weight, and that in particular circumstances and times the loss of a thousand men is rather an advantage to a nation than otherwise, seeing that gallant attempts raise its reputation and make it respectable; whereas the contrary appearances sink the credit of a country, ruin the troops, and create infinite uneasiness and discontent at home’ (5 Nov.)

In the same letter he says: ‘I am not sorry that I went; one may always pick up something useful from amongst the most fatal errors;’ and he went on to develop the lessons he had learnt. He profited, too, in another way. His own zeal and ardour had been conspicuous, and the admiral, Sir Edward Hawke, gave the king a good opinion of him. He made him brevet colonel on 21 Oct.; and afterwards said to Newcastle: ‘Mad, is he? then I hope he will bite some others of my generals’ (, p. 487). Above all, Pitt welcomed evidence that the failure of the expedition was due to faults of execution, not of conception, and he marked Wolfe as a man to be employed. He was, in fact, as Walpole said, ‘formed to execute the designs of such a master as Pitt.’

On 7 Jan. 1758 he was summoned from Exeter to London, and made the journey, 170 miles, in thirty-two hours. He was offered the command of a brigade in the force which was to be sent against Louisbourg, and he accepted; ‘though I know the very passage threatens my life, and that my constitution must be utterly ruined and undone’ (12 Jan.) His letter of service as brigadier in America was dated 23 Jan. He embarked on 12 Feb. and reached Halifax, Nova Scotia, on 8 May. On the 28th the expedition left Halifax, the fleet commanded by Boscawen; the land forces, consisting of more than eleven thousand regulars and five hundred provincials, by Jeffrey (afterwards Baron) Amherst [q. v.] Louisbourg was sighted on 1 June, but for a week the weather prevented a landing. On the 8th, at dawn, the boats rowed for the shore of Gabarus Bay in three divisions, two of which were meant to distract the attention of the enemy. The third, under Wolfe, was to force a landing at Freshwater Cove, a crescent-shaped beach a quarter of a mile long, with rocks at each end. Wolfe had twelve companies of grenadiers, 550 light infantry, Fraser's regiment of Highlanders, and some New England rangers. The cove was guarded by nearly a thousand French troops, behind intrenchments and abatis, and eight guns in masked batteries swept the beach and the approaches. These guns opened fire upon the boats at close range, and with such effect that Wolfe signalled to retire; but some of the boats that were less exposed kept on, and landed their men on the rocks at one end. Wolfe followed with the rest, and, climbing the cliff, stormed the nearest battery with the bayonet. One of the other divisions landed soon afterwards at the other end of the beach, and the French, fearing they would be cut off from their fortress, left their intrenchments and fled. The British loss was only 109.

The siege of Louisbourg followed. Wolfe


text:
Page:United States Statutes at Large Volume 97.djvu/994

 97 STAT. 962 PUBLIC LAW 98-150—NOV. 11, 1983 later than the date specified in the agreement by which action by the individual must be taken, or not later than three months after the date of the agreement, if no date for action is so specified. "(b) If an agreement described in subsection (a) requires that the individual recuse himself or herself from particular cat^ories of agency or other official action, the individual shall reduce to writing those subjects regarding which the recusal agreement will apply and the process by which it will be determined whether the individual must recuse himself or herself in a specific instance. An individual shall be considered to have complied with the requirements of subsection (a) with respect to such recusal agreement if such individ- ual files a copy of the document setting forth the information described in the preceding sentence with such individual's desig- nated agency official, the Office of Government Ethics, or the appro- priate committee of the Senate, as the case may be, within the time prescribed in the last sentence of subsection (a).. BUND TRUST AMENDMENTS 2use702,5 SEC. 10. (a) Sections 102(e)(7), 202(f)(7), and 302(f)(7) are each usc app., 28 amended to read as follows: app. «^Y) Any trust may be considered to be a qualified blind trust if— "(A) the trust instrument is amended to comply with the requirements of paragraph (3) or, in the case of a trust instru- ment which does not by its terms permit amendment, the trustee, the reporting individual, and any other interested party agree in writing that the trust shall be administered in accord- ance with the requirements of this subsection and the trustee of such trust meets the requirements of paragraph (3)(A); except that in the case of any interested party who is a dependent child, a parent or guardian of such child may execute the agreement referred to in this subparagraph; "(B) a copy of the trust instrument (except testamentary provisions) and a copy of the agreement referred to in subpara- graph (A), and a list of the assets held by the trust at the time of approval by the supervising ethics office, including the category of value of each asset as determined under subsection (d) of this section, are filed with such office and made available to the public as provided under paragraph (5)(D) of this subsection; and "(C) the supervising ethics office determines that approval of the trust arrangement as a qualified blind trust is in the particular case appropriate to assure compliance with applica- ble laws and regulations.". Ob) Sections 102(e)(5)(A), 202(f)(5)(A), and 302(f)(5)(A) are each amended by adding at the end thereof the following new sentence: "This subparagraph shall not apply with respect to a trust meeting the requirements for being considered a qualified blind trust under paragraph (7) of this subsection.". APPLICATION OF FINANCIAL DISCLOSURE REQUIREMENTS TO STAFF OF FEDERAL ADVISORY COMMITTEES 5 USC app. SEC. 11. Section 201 is amended by adding at the end thereof the following new subsection: "0X1) Any individual who performs staff functions in support of an advisory committee which is composed, in whole or in part, of special Government employees shall be subject to the provisions of

�


text:
Page:United States Statutes at Large Volume 97.djvu/995

 PUBLIC LAW 98-150—NOV. 11, 1983 97 STAT. 963 this title as if that individual were such a special Government employee. (2) For purposes of paragraph (1)— Definitions. "(A) the term 'advisory committee' means any committee, board, commission, council, conference, panel, task force, or other similar group which is established— "(i) by statute or reorganization plan, "(ii) by the President, or "(iii) by one or more agencies, in the interest of obtaining advice or recommendations for the President or one or more agencies or officers of the Federal Government; such term includes any subcommittee or other subgroup of an advisory committee, but does not include the Advisory Commission on Intergovernmental Relations and the Commission on Government Procurement; "(B) the term 'staff functions in support of an advisory com- mittee' means such activities as the Director of the Office of Government Ethics by regulation prescribes which are carried out with respect to those functions for which the advisory committee was established as described in subparagraph (A) of this paragraph; "(C) the term 'special Government employee' has the meaning given that term by section 202 of title 18, United States Code; and "(D) the term 'agency' has the meaning given that term by section 551(1) of title 5, United States Code. "(3) The Director of the Office of Government Ethics shall pre- scribe such regulations as may be necessary to carry out this subsection. ". EXTENSION OF AUTHORIZATION OF APPROPRIATIONS SEC. 12. Section 405 is amended in paragraph (2) by striking out 5 USC app. "four" and inserting in lieu thereof "nine". EFFECTIVE DATE SEC. 13. The amendments made by this Act shall take effect on 5 USC app. October 1, 1983. Approved November 11, 1983. LEGISLATIVE HISTORY—S. 461 (H.R. 2717): HOUSE REPORTS: No. 98 -89 accompanying H.R. 2717, Pt. 1 (Comm. on the Judici- ary) and Pt. 2 (Comm. on Post Office and Civil Service). SENATE REPORT No. 98 -59 (Comm. on Governmental Affairs). CONGRESSIONAL RECORD, Vol. 129 (1983): Apr. 6, considered and passed Senate. Sept. 19, H.R. 2717 considered and passed House; S. 461, amended, passed in lieu. Sept. 28, Senate concurred in House amendment with an amendment. Sept. 30, House concurred in Senate aunendment with amendments. Oct. 27, Senate concurred in House amendments.

�


text:
Page:United States Statutes at Large Volume 97.djvu/996

 97 STAT. 94 PUBLIC LAW 98-L51—NOV. 14, 1988 Nov. 14, 1983 [H.J. Res. 413] Further continuing appropriations for fiscal year 1984. Post, p. 1421. 96 Stat. 1833. Post, p. 1421. Foreign Assist- ance and Related Programs Appropriations Act, 1984. 96 Stat. 1830. Ante, p. 301. Public Law 98-151 98th Congress Joint Resolution Making further continuing appropriations for the fiscal year 1984. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the following sums are hereby appropriated, out of any money in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipte, and funds, for the several departments, agencies, corporations, and other organizational units of the Government for the fiscal year 1984, and for other purposes, namely: SEC. 101. (a) Pending enactment of the Department of Defense Appropriation Act, 1984, such amounts as may be necessary for continuing activities, not otherwise specifically provided for else- where in this joint resolution, which were conducted in fiscal year 1983, for which provision was made in the Department of Defense Appropriation Act, 1983, but such activities shall be funded at not to exceed an annual rate for new obligational authority of $247,000,000,000, which is an increase above the current rate, and this level shall be distributed on a pro rata basis to each appropri- ation account utilizing the fiscal year 1984 amended budget request as the base for such distribution and shall be available under the terms and conditions provided for in the applicable appropriation Acts for fiscal year 1983: Provided, That, unless approved by both the House and the Senate in H.R. 4185, no appropriation or funds made available or authority granted pursuant to this subsection shall be used to initiate multiyear procurements, utilizing advance procurement funding for economic order quantity procurement unless specifically appropriated later: Provided further. That none of the funds appropriated or made available pursuant to this subsec- tion shall be available for the conversion of any full-time positions in support of the Army Reserve, Air Reserve, Army National Guard, and Air National Guard by Active or Reserve Military Personnel, from civilian positions designated "military technicians ' to military positions: Provided further, That, unless approved by both the House and the Senate in H.R, 4185, no appropriation or funds made available or authority granted pursuant to this subsection shall be used to initiate or resume any project, activity, operation or organi- zation which is defined as any project, subproject, activity, budget activity, program element, and subprogram within a program ele- ment, and for investment items is further defined as a P-1 line item in a budget activity within an appropriation account and a R-1 line item which includes a program element and subprogram element within an appropriation account, for which appropriations, funds or other authority were not available during the fiscal year 1983. (b)(1) Such amounts as may be necessary for continuing the activities under the purview of the Foreign Assistance Appro- priations Act as provided for in Public Law 97-377 and Public Law 98-63, under the terms and conditions, and at the rate, provided for in those Acts or at the rate provided for in the budget estimates,

�


text:
Page:United States Statutes at Large Volume 97.djvu/997

 PUBLIC LAW 98-151—NOV. 14, 1983 97 STAT. 965 whichever is lower, and under the more restrictive authority: Provided, That such terms and conditions shall be applied without regard to the earmarkings, ceilings or transfers of funds contained in such Acts, except that the provisions of title V of Public Law 97-121 shall apply including the provisions of section 523 of such title: Provided further, That notwithstanding the provisions of this sub- section making amounts available or otherwise providing for levels of program authority, the following amounts only shall be provided for the following accounts or under the following headings: $79,720,549 for payment to the "International Bank for Reconstruc- tion and Development", to remain available until expended, and not to exceed $983,220,105 in callable capital subscriptions; $118,423,983 for payment to the "Inter-American Development Bank", to remain available until expended, of which not more than $80,423,000 shall be available for the Fund for Special Operations, as authorized by sections 26, 29, and 30 of the Inter-American Development Bank Act, and not to exceed $806,464,582 in callable capital subscriptions; $945,000,000 for payment to the "International Development Associ- ation", to remain available until expended; $13,232,676 for payment to the "Asian Development Bank', to remain available until ex- pjended, and not to exceed $251,377,943 in callable capital subscrip- tions; $100,000,000 for payment to the "Asian Development Fund', to remain available until expended; $17,986,678 for payment to the "African Development Bank", to remain available until expended, and not to exceed $53,960,036 in callable capital subscriptions; $50,000,000 for payment to the "African Development Fund", to remain available until expended; $314,164,000 for "International Organizations and Programs", including the provisions of section 103(g) of the Foreign Assistance Act of 1961, except that such funds shall be made available only in accordance with the Joint Explana- tory Statement of the Committee of Conference accompanying the conference report on this joint resolution (H. J. Res. 413); $715,106,500 for "Agriculture, rural development, and nutrition, Development Assistance"; $240,000,000 for "Population, Develop- ment Assistance"; $125,000,000 for "Health, Development Assistance"; $116,477,000 for "Education and human resources de- velopment, Development Assistance", of which $4,000,000 shall be available only for scholarships for South African students in accord- ance with the last sentence of section 105(a) of the Foreign Assist- ance Act of 1961; $140,288,000 for "Energy and selected development activities. Development Assistance"; $10,000,000 for "Science and technology. Development Assistance": Provided further, That of the funds made available to carry out the provisions of sections 103 through 106 of the Foreign Assistance Act of 1961, as amended, not less than $10,000,000 shall be available for Botswana: Provided further, That funds made available as loans to carry out the provi- sions of sections 103 through 106 of the Foreign Assistance Act of 1961 shall remain available for obligation until September 30, 1985; up to $20,000,000 of the funds appropriated by this Subsection to carry out the provisions of chapter 1 of part I are available for the "Private Sector Revolving Fund", which shall be available for obli- gation until September 30, 1985, except that amounts hereafter deobligated from the Private Sector Revolving Fund are hereby continued available for reobligation for the purposes of such fund; $30,000,000 for "American schools and hospitals abroad"; $103,000,000 for "Sahel development program"; $36,537,000 for "Payment to the Foreign Service Retirement and Disability Fund"; 95 Stat. 1654. 95 Stat. 1657. 22 USC 283 w, 283Z-1, 283z-2. 22 USC 2151a. 22 USC 2151c. 22 USC 2151a- 2151d. 22 USC 2151.

�


text:
Page:United States Statutes at Large Volume 97.djvu/998

 97 STAT. 966 PUBLIC LAW 98-151—NOV. 14, 1983 22 USC 2292. 22 USC 2346. Notification of congressional committees. 22 USC 2151a- 2151d. 22 USC 2420. 96 Stat. 1830. 22 USC 2311. 22 USC 2763, 2764. $25,000,000 for "International disaster assistance", to remain avail- able until expended, of which $10,000,000 shall be used only for earthquake relief and reconstruction in southern Italy, which amount may be derived either from amounts appropriated to carry out the provisions of section 491 of the Foreign Assistance Act of 1961 or from up to $10,000,000 of amounts heretofore appropriated pursuant to chapter 4 of part II of such Act for Syria which are, if deobligated, hereby continued available for the purposes of section 491 or for other programs for Italy consistent with sections 103 through 106 of such Act, and up to $15,000,000 of such deobligated amounts are hereby continued available and may be used for grant economic assistance programs for Grenada, except that such funds for Grenada may not be made available for obligation unless the Appropriations Committees of both Houses of Congress are previously notified 15 days in advance; $1,100,000 in foreign currencies for "Overseas training and special development activities (foreign cur- rency program)"; $2,903,250,000 for the "Economic Support Fund", of which not less than $910,000,000 shall be available for Israel, not less than $750,000,000 shall be available for Egypt, not less than $15,000,000 shall be available for Cyprus, and, notwithstanding section 660 of the Foreign Assistance Act of 1961, not less than $3,000,000 shall be available for programs and projects in El Salva- dor to promote the creation of judicial investigative capabilities, protection for key participants in pending judicial cases, and mod- ernization of penal and evidentiary codes; $46,200,000 for "Peace- keeping operations"; $361,533,250 for "Operating expenses of the Agency for International Development", subject to the limitation on transfers of funds into this account and payment for Foreign Affairs Administrative Support contained in Public Law 97-377; $16,250,000 for "Trade and Development"; $41,200,000 for "International narcot- ics control"; $3,000,000 for the "African Development Foundation"; $13,000,000 for the "Inter-American Foundation"; not to exceed $10,000,000 for gross obligations for the amount of direct loans and not to exceed $100,000,000 of contingent liability for total commit- ments to guarantee loans for the Overseas Private Investment Corporation"; $115,000,000 for the "Peace Corps"; $323,000,000 for "Migration and Refugee Assistance"; $2,500,000 for "Anti-Terrorism Assistance"; $510,000,000 for necessary expenses to carry out the provisions of section 503 of the Foreign Assistance Act of 1961; $51,532,000 for "International Military Education and Training"; $1,315,000,000 for necessary expenses to carry out sections 23 and 24 of the Arms Export Control Act, of which not less than $850,000,000 shall be available for Israel ($1,700,000,000 of the amount provided for the total aggregate credit sale ceiling during the fiscal year 1984 shall be available only to Israel), and not less than $465,000,000 shall be available for Egypt; $4,401,250,000 of contingent liability for total commitments to guarantee loans under "Foreign Military Credit Sales": Provided further. That of the total aggregate credit ceiling made available to Israel, up to $300,000,000 shall be made available for research and development activities in the United States and $250,000,000 shall be made available for the procurement of defense articles and defense services in Israel for the Lavi program: Pro- vided further. That not more than $64,800,000 of the total funds and authorities made available under this subsection for programs for military assistance shall be available for El Salvador; not to exceed $225,000,000 are authorized to be made available for the "Special Defense Acquisition Fund"; and not to exceed $3,865,000,000 of gross

�


text:
Page:United States Statutes at Large Volume 97.djvu/999

 PUBLIC LAW 98-151—NOV. 14, 1983 97 STAT. 967 obligations for the principal amount of direct loans and $10,000,000,000 of total commitments to guarantee loans under "Export-Import Bank of the United States", and not to exceed $16,899,000 shall be available for administrative expenses: Provided further, That no funds in this subsection shall be available for Guatemala except for economic development projects through pri- vate voluntary organizations: Provided further. That none of the funds appropriated or otherwise made available to the Agency for International Development shall be used to fund projects or pro- grams where comparable American private enterprise funding is available: Provided further. That the Secretary of the Treasury and the Secretary of State are directed to submit to the Committees on Foreign Affairs and the Committees on Appropriations by February 1, 1984, a report on the domestic economic policies of those nations receiving economic assistance, either directly or indirectly from the United States including, where appropriate, an analysis of the foreign assistance programs conducted by these recipient nations: Provided further. That appropriations made available and authority provided by this subsection shall remain available until September 30, 1984, notwithstanding section 102 of this joint resolution. Not later than January 31 of each year, or at the time of the transmittal by the President to the Congress of the annual presenta- tion materials on foreign assistance, whichever is earlier, the Presi- dent shall transmit to the Speaker of the House of Representatives and the President of the Senate a full and complete report which assesses, with respect to each foreign country, the degree of support by the government of each such country during the preceding twelve-month period for the foreign policy of the United States. Such report shall include, with respect to each such country which is a member of the United Nations, information to be compiled and supplied by the Permanent Representative of the United States to the United Nations, consisting of a comparison of the overall voting practices in the principal bodies of the United Nations during the preceding twelve-month period of such country and the United States, with special note of the voting and speaking records of such country on issues of major importance to the United States in the General Assembly and the Security Council, and shall also include a report on actions with regard to the United States in important related documents such as the Non-Aligned Communique. A full compilation of the information supplied by the Permanent Repre- sentative of the United States to the United Nations for inclusion in such report shall be provided as an addendum to such report. None of the funds appropriated or otherwise made available pursuant to this subsection shall be obligated or expended to finance directly any assistance to a country which the President finds, based on the contents of the report required to be transmitted under this para- graph, is engaged in a consistent pattern of opposition to the foreign policy of the United States. None of the funds heretofore appropriated or otherwise made available for Syria for the purposes of carrying out the provisions of chapter 4 of part II of the Foreign Assistance Act of 1961 shall be expended after the date of enactment of this joint resolution. The Administrator of the Agency for International Development is di- rected to terminate the economic assistance program to Syria and to deobligate all funds heretofore obligated for assistance to Syria, except that such funds may continue to be available to finance the training or studies outside of Syria of students whose course of study Report to congressional committees. Report to Congress. 22 USC 2414a. 22 USC 2346a. 22 USC 2346. Termination directive.

�


text:
Page:United States Statutes at Large Volume 97.djvu/1000

 97 STAT. 968 PUBLIC LAW 98-151—NOV. 14, 1983 31 USC 1108, 1501, 1502. 22 USC 2346. 31 USC 1108, 1501, 1502. 22 USC 2151 note. Notification of congressional committees. Short title. Ante, p. 964. International Security and Development Assistance Authorizations Act of 1983. 22 USC 2151 note. 22 USC 2763. 22 USC 2764. or training program began before enactment of this joint resolution. The Administrator of the Agency for International Development is authorized to adopt as a contract of the United States Government, and assume any liabilities arising thereunder (in whole or in part), any contract with a United States contractor which had been funded by the Agency for International Development prior to the date of enactment of this joint resolution. Amounts certified pursuant to section 1311 of the Supplemental Appropriations Act, 1955, as having been obligated against appropriations heretofore made pur- suant to chapter 4 of part II of the Foreign Assistance Act of 1961 (and predecessor legislation) for Syria are hereby continued avail- able until expended to meet necessary expenses arising from the termination under this subsection of assistance programs for Syria authorized by such chapter: Provided, That this shall not be con- strued as permitting payments or reimbursements of any kind to the Government of Syria. None of the funds appropriated or otherwise made available under this subsection may be available for any country during any three-month period beginning on or after October 1, 1983, immedi- ately following a certification by the President to the Congress that the government of such country is failing to take adequate measures to prevent narcotic drugs or other controlled substances (as listed in the schedules in section 202 of the Comprehensive Drug Abuse and Prevention Control Act of 1971 (21 U.S.C. 812)) which are cultivated, produced, or processed illicitly, in whole or in part, in such country, or transported through such country from being sold illegally within the jurisdiction of such country to United States Government per- sonnel or their dependents or from entering the United States unlawfully. Amounts certified pursuant to section 1311 of the Supplemental Appropriations Act, 1955, as having been obligated against appropri- ations heretofore made under the authority of the Foreign Assist- ance Act of 1961, as amended, for the same general purpose as any of the subparagraphs under "Agency for International Develop- ment" in prior appropriations Acts, are, if deobligated, hereby continued available for development project assistance for the same period as the respective appropriations in such subparagraphs for the same general purpose and for the same country as originally obligated or for relief, rehabilitation, and reconstruction activities in the Andean region: Provided, That the Appropriations Committees of both Houses of the Congress are notified fifteen days in advance of the deobligation or reobligation of such funds. Section 101(b)(l) of this joint resolution may be cited as the "Foreign Assistance and Related Programs Appropriations Act, 1984". (2) Section 101(b)(2) of this joint resolution may be cited as the "International Security and Development Assistance Authorizations Act of 1983". AUTHORIZATIONS OF APPROPRIATIONS There is authorized to be appropriated to the President $1,315,000,000 for the fiscal year 1984 to carry out section 23 of the Arms Export Control Act. The total principal amount of loans guaranteed under section 24(a) of the Arms Export Control Act shall not exceed $4,446,500,000 for the fiscal year 1984.

�


text:
Author:St George Lane Fox-Pitt

Works

 * (Oriental)

title: Author:St George Lane Fox-Pitt


text:
Page:United States Statutes at Large Volume 97.djvu/1001

 PUBLIC LAW 98-151—NOV. 14, 1983 97 STAT. 969 22 USC 22 USC 22 USC 22 USC 22 USC 22 USC 22 USC 22 USC 22 USC 22 USC 22 USC 22 USC 22 USC 2151c. 2151d. 2151s. 2174. 2221. 2291. 2292. 2346. 2311. 2347. 2348. 2421. 2427. There are authorized to be appropriated for the fiscal year 1984 the following amounts to carry out the following provisions of the Foreign Assistance Act of 1961: (1) $725,213,000 to carry out section 103. 22 USC 2l5la. (2) $244,600,000 to carry out section 104(b). 22 USC 2i5lb. (3) $133,400,000 to carry out section 104(c). (A) $121,477,000 to carry out section 105. (5) $160,000,000 to carry out section 106. (6) $103,000,000 to carry out section 121. (7) $30,000,000 to carry out section 214. (8) $266,214,000 to carry out chapter 3 of part I. (9) $47,000,000 to carry out section 481. (10) $25,000,000 to carry out section 491. (11) $3,074,000,000 to carry out chapter 4 of part II. (12) $639,700,000 to carry out section 503. (13) $56,452,000 to carry out chapter 5 of part II. (14) $46,200,000 to carry out chapter 6 of part II. (15) $22,000,000 to carry out section 661. (16) $370,000,000 to carry out section 667. There is authorized to be appropriated to the President to carry out the African Development Foundation Act $3,000,000 for the fiscal year 1984. There is authorized to be appropriated to carry out the Peace Corps Act $116,000,000 for the fiscal year 1984. Section 10 of Public Law 91-672 and section 15(a) of the State Department Basic Authorities Act of 1956 shall not apply with respect to funds appropriated for "Migration and Refugee Assist- ance" or for the Inter-American Foundation by the joint resolution of October 1, 1983 (Public Law 98-107), as amended by this joint resolution. ASSISTANCE FOR ISRAEL AND EGYPT Section 31(b)(3) of the Arms Export Control Act is amended to read as follows: "(3) Of the aggregate total of credits (or participations in credits; extended under section 23 of this Act and of the total principal amount of loans guaranteed under section 24(a) of this Act, not less than $1,700,000,000 for the fiscal year 1984 shall be available only for Israel, of which not less than $850,000,000 shall be credits under section 23. Of the total aggregate credit ceiling made available to Israel, up to $300,000,000 shall be made available for research and development activities in the United States and $250,000,000 shall be made available for the procurement of defense articles and defense services in Israel for the Lavi program.". Section 3Kc) of such Act is amended— 22 USC 2771. (a) in the first sentence by striking out "for the fiscal year 1982 and for the fiscal year 1983" and inserting in lieu thereof "for the fiscal year 1984"; and (b) in the last sentence— (1) by striking out "$550,000,000" and inserting in lieu thereof "$850,000,000 for the fiscal year 1984"; and (2) by striking out "for each such year". Section 31(b)(6) of such Act is amended to read as follows: "(6) Of the total amounts of credits (or participations in credits; extended under section 23 of this Act, not less than $465,000,000 for the fiscal year 1984 shall be available only for Egypt, and Egypt shall be released from its contractual liability to repay the United 22 USC 290h note. 22 USC 2501 note. 22 USC 2412. 22 USC 2680. Ante, p.733. 22 USC 2771. 22 USC 2763. 22 USC 2764.

�


text:
Page:United States Statutes at Large Volume 97.djvu/1002

 97 STAT. 970 PUBLIC LAW 98-151—NOV. 14, 1983 States Government with respect to such credits (and participations in credits). Of the total principal amount of loans guaranteed under 22 USC 2764. section 24(a) of this Act, not less than $900,000,000 for the fiscal year 1984 shall be available only for Egypt.". 22 USC 2771. Section 31(b)(5) of such Act is amended by striking out "for the fiscal year 1982 and for the fiscal year 1983" and inserting in lieu thereof "for the fiscal year 1984". 22 USC 2346a. Section 532 of the Foreign Assistance Act of 1961 is amended to read as follows: " SEC. 532. EARMARKING FOR ISRAEL AND EGYPT. — Of the funds authorized to be appropriated to carry out this chapter for the fiscal year 1984, not less than $910,000,000 shall be available only for Israel and not less than $750,000,000 shall be available only for Egypt. ". 22 USC 2311, 2347. 22 USC 2751 note. Presidential determination and certification to Congress. CONDITIONS ON MILITARY ASSISTANCE FOR EL SALVADOR Not more than 70 percent of the amount made available for the fiscal year 1984 for military assistance for El Salvador under chap- ters 2 and 5 of part II of the Foreign Assistance Act of 1961 and under the Arms Export Control Act may be expended until— (1) Salvadoran authorities have substantially concluded all investigative actions in the case of the National Guardsmen charged with murder in the deaths of the four United States churchwomen in December 1980 that were set forth in commu- nications from the Department of State (including the letters dated July 8 and September 23, 1983); and (2) Salvadoran authorities have brought the accused to trial and have obtained a verdict. Not more than 90 percent of the amount made available for the fiscal year 1984 for military assistance for El Salvador under chap- ters 2 and 5 of part II of the Foreign Assistance Act of 1961 and under the Arms Export Control Act may be expended until the President has determined and certified to the Congress that— (1) the Government of El Salvador has not taken any action which would alter, suspend, or terminate the land reform pro- gram for phase I or phase III promulgated under Decree 154 (dated March 5, 1980) or Decree 207 (dated April 28, 1980) in a manner detrimental to the rights of the beneficiaries or the potential beneficiaries under those decrees; and (2) the Government of El Salvador continues to make docu- mented progress on implementing the land reform program. 22 USC 2151. 22 USC 2151 note. MINORITY SET-ASIDE Except to the extent that the Administrator of the Agency for International Development determines otherwise, not less than 10 percent of the aggregate of the funds made available for the fiscal year 1984 to carry out chapter 1 of part I of the Foreign Assistance Act of 1961 shall be made available only for activities of economi- cally and socially disadvantaged enterprises (within the meaning of section 133(c)(5) of the International Development and Food Assist- ance Act of 1977), historically Black colleges and universities, and private and voluntary organizations which are controlled by individ- uals who are Black Americans, Hispanic Americans, or Native Americans, or who are economically and socially disadvantaged (within the meaning of section 133(c)(5)(B) and (C) of the Interna-

�


text:
Page:United States Statutes at Large Volume 97.djvu/1003

 PUBLIC LAW 98-151—NOV. 14, 1983 97 STAT. 97; tional Development and Food Assistance Act of 1977). For purposes of this section, economically and socially disadvantaged individuals shall be deemed to include women. MINORITY RESOURCE CENTER None of the funds authorized to be appropriated for the fiscal year 1984 to carry out the Foreign Assistance Act of 1961 may be used to eliminate the Minority Resource Center as a separate and distinct entity within the Agency for International Development, including implementation of a consolidation of the Minority Resource Center with the Office of Small and Disadvantaged Business Utilization under section 133(c)(8) of the International Development and Food Assistance Act of 1977, PROMOTING THE DEVELOPMENT OF THE HAITIAN PEOPLE AND PROVIDING FOR ORDERLY EMIGRATION FROM HAITI It is the sense of the Congress that for the fiscal year 1984 up to $24,000,000 of the funds available to carry out chapter 1 of part I of the Foreign Assistance Act of 1961, and up to $10,000,000 of the funds available to carry out chapter 4 of part II of such Act, should be made available for development assistance for Haiti, subject to the limitation contained in the third paragraph of this heading To the maximum extent practicable, assistance for Haiti under chapter 1 of part I and under chapter 4 of part II of the Foreign Assistance Act of 1961 should be provided through private and voluntary organizations. Funds available for fiscal year 1984 to carry out chapter 1 of part 1 or chapter 2, 4, or 5 of part II of the Foreign Assistance Act of 1961 may be obligated for Haiti, and credits may be extended and guaran- tees may be issued under the Arms Export Control Act for Haiti, only if the President determines that the Government of Haiti— (1) is continuing to cooperate with the United States in halt- ing illegal emigration to the United States from Haiti; (2) is cooperating fully in implementing United States devel- opment, food, and other economic assistance programs in Haiti (including programs for prior fiscal years); and (3) is making a concerted and significant effort to improve the human rights situation in Haiti by implementing the political reforms which are essential to the development of democracy in Haiti, including the establishment of political parties, free elec- tions, and freedom of the press. Six months after the date of enactment of this section, the President shall report to the Congress on the extent to which the actions of the Government of Haiti are consistent with each num- bered provision contained in the third paragraph of this heading. Notwithstanding the limitations of section 660 of the Foreign Assistance Act of 1961, funds made available under such Act for the fiscal year 1984 may be used for programs with Haiti, which shall be consistent with prevailing United States refugee policies, to assist in halting significant illegal emigration from Haiti to the United States. 22 USC 2151 note. 22 USC 2151 note. 22 USC 2151. 22 USC 2346. Presidential determination. 22 USC 2151, 2311, 2346, 234'? 22 USC 2751 note. Report to Congress. 22 USC 2420.

�


text:
Page:United States Statutes at Large Volume 97.djvu/1004

 97 STAT. 972 PUBLIC LAW 98-151—NOV. 14, 1983 Enactment. 22 USC 2151f. PRIVATE SECTOR REVOLVING FUND The amendment contained in section 407 of H.R. 2992, as reported by the Committee on Foreign Affairs of the House of Representa- tives on May 17, 1983, is hereby enacted. Enactment. 22 USC 2304, 2349aa— 2349aa-6, 2349aa note, 2403. 22 USC 2349aa-4. 42 USC 300k-l. 42 USC 289Z-1. 42 USC 289C-4. 42 USC 241. 66 Stat. 274. 94 Stat. 110. 8 USC 1521, 1522 note. 8 USC 1522 note. 42 USC 5101 note. 42 USC 4951 note. ANTITERRORISM ASSISTANCE PROGRAM The amendments contained in title II of H.R. 2992, as reported by the Committee on Foreign Affairs of the House of Representatives on May 17, 1983, are hereby enacted, except that, for purposes of such enactment, section 575 of the Foreign Assistance Act of 1961 shall read as follows: " SEC. 575. APPROPRIATIONS.— There is authorized to be appro- priated to the President to carry out this chapter $5,000,000 for the fiscal year 1984. Amounts appropriated under this section are au- thorized to remain available until expended.". (c) Notwithstanding any other provision of this joint resolution, except section 102, such amounts as may be necessary for continuing the following activities, not otherwise provided for in this joint resolution, which were conducted in the fiscal year 1983, under the terms and conditions provided in applicable appropriation Acts for the fiscal year 1983, at the current rate: Health planning activities authorized by title XV of the Public Health Service Act; National Research Service Awards authorized by section 472(d) of the Public Health Service Act; National Arthritis Advisory Board, National Diabetes Ad- visory Board, and National Digestive Diseases Advisory Board authorized by section 437 of the Public Health Service Act; Medical Library Assistance programs authorized by title III of the Public Health Service Act; Refugee and entrant assistance activities under the provisions of title IV of the Immigration and Nationality Act, title IV and part B of title III of the Refugee Act of 1980, and sections 501(a) and (b) of the Refugee Education Assistance Act of 1980: Pro- vided, That such funds may be expended for individuals who would meet the definition of "Cuban and Haitian entrant" under section 501(e) of the Refugee Education Assistance Act of 1980 but for the application of paragraph (2)(B) thereof: Pro- vided further. That none of the funds made available under this joint resolution may be used to implement any administratively proposed block grant, per capita grant, or similar consolidation of the Refugee Resettlement Program, or to distribute any funds under any such administrative proposal; Child abuse prevention and treatment and adoption opportu- nities activities authorized by the Child Abuse Prevention and Treatment Act; Activities under the Domestic Volunteer Service Act of 1973, as amended; and Activities of the Department of Defense, Army National Guard and Army Reserve Operation and Maintenance and National Guard and Reserve Equipment Procurement. (d) Notwithstanding any other provision of this joint resolution, except section 102, such sums as may be necessary for programs, projects, or activities provided for in the Agriculture, Rural Develop- ment and Related Agencies Appropriation Act, 1984 (H.R. 3223), to

�


text:
Page:Dictionary of National Biography volume 62.djvu/306

 was sent round the harbour with twelve hundred men to occupy the Lighthouse point, and there he made batteries which fired on the ships in the harbour, and on the island battery which guarded the entrance. By the end of a fortnight the island battery was silenced, and on the 26th Wolfe rejoined the main force in front of Louisbourg. He took the leading part in the later stages of the siege. Walpole, though prejudiced against him, wrote (7 Feb. 1759) that he had ‘great merit, spirit, and alacrity, and shone extremely at Louisbourg.’

On 26 July the garrison, numbering 5637 soldiers and sailors, surrendered. There was great joy in England, but Wolfe was ill-satisfied: ‘Our attempt to land where we did was rash and injudicious, our success unexpected (by me) and undeserved. … Our proceedings in other respects were as slow and tedious as this undertaking was ill-advised and desperate. … We lost time at the siege, still more after the siege, and blundered from the beginning to the end of the campaign’ (1 Dec. 1758). He pressed Amherst either to make an attempt on Quebec, late as it was, or to send help to Abercrombie, who had been repulsed at Ticonderoga: ‘if nothing further is to be done, I must desire leave to quit the army’ (8 Aug.).

Amherst himself went to reinforce Abercrombie, and Wolfe was sent with three battalions to destroy the French fishing settlements in the Gulf of St. Lawrence. He then went home, as he considered Ligonier, the commander-in-chief, had authorised him to do at the end of the campaign. In a farewell letter to Amherst he strongly advised ‘an offensive daring kind of war,’ and added, ‘if you will attempt to cut up New France by the roots, I will come back with pleasure to assist’ (30 Sept.). Orders were sent out for him to remain in America, but they came too late. He found them at Louisbourg on his return next year, and obsolete as they then were, he sent a hot reply to the secretary at war. He would have had to spend the winter at Halifax under the orders of Charles Lawrence (d. 1760) [q. v.], who had been junior to him, but had been made colonel and brigadier a month before him. ‘Though a very worthy man’ (and many years older), yet rather than submit to this, ‘I should certainly have desired leave to resign my commission; for as I neither ask nor expect any favour, so I never intend to submit to any ill-usage whatsoever’ (6 June 1759; Gent. Mag. February 1888, p. 139).

He reached England on 1 Nov., and joined the 2nd battalion of the 20th at Salisbury. It had been made a separate regiment, the 67th, and the colonelcy of it had been given to him on 21 April. He would have liked a cavalry command with the army in Germany—which would only have brought him the mortification of Minden—but failing this, he wrote to Pitt offering his services in America, ‘particularly in the River St. Lawrence, if any operations are to be carried on there’ (22 Nov.) By Christmas it was settled that he should command the force to be sent up the St. Lawrence against Quebec, while Amherst advanced on Montreal by way of Lake Champlain, and Prideaux on Niagara. His chief staff officers were to be men of his own choice, Guy Carleton and Isaac Barré [q. v.]; and he was given the rank of major-general in America on 12 Jan. 1759. Being ‘in a very bad condition, both with the gravel and rheumatism,’ he spent some time at Bath, and became engaged to Katharine, daughter of Robert Lowther, and sister of Sir James Lowther (afterwards first Earl of Lonsdale). Before starting for America he dined with Pitt and Temple, and after dinner he is said to have drawn his sword and broken out ‘into a strain of gasconade and bravado’ which shocked them (, iv. 153). He had not taken much wine, but for such a man Pitt was a powerful stimulant; and the temperament which made him write of himself six months later as ‘a man that must necessarily be ruined’ (30 Aug.) was sure to have its moments of intoxication. Nelson, whom Wolfe resembled in so many points, was similarly tempted, as Wellington's account of their one interview shows.

On 17 Feb. he left Spithead in the flagship of Admiral Saunders, the new naval commander-in-chief, and arrived at Halifax, Nova Scotia, on 30 April. In the beginning of June the expedition left Louisbourg, and on the 27th the troops landed on the Isle of Orleans, which is four miles below Quebec. They numbered nearly nine thousand men, and consisted of ten battalions, forming three brigades under Robert Monckton [q. v.], George Townshend (afterwards first Marquis Townshend) [q. v.], and James Murray (1725?–1794) [q. v.], three companies of grenadiers from the Louisbourg garrison, three companies of light infantry, and six companies of New England rangers. Quebec was strongly fortified, mounted more than a hundred guns, and had a garrison of two thousand men, while fourteen thousand more (besides a thousand Indians) were intrenched at Beauport, on the left bank of the St. Lawrence, immediately below the town. But of the whole number only two thousand were


text:
Page:United States Statutes at Large Volume 97.djvu/1005

 PUBLIC LAW 98-151—NOV. 14, 1983 97 STAT. 973 the extent and in the manner provided for in the conference report and joint explanatory statement of the Committee of Conference (House Report Number 98-450), filed in the House of Representa- tives on October 27, 1983, as if such Act had been enacted into law. (e) Notwithstanding any other provision of this joint resolution except section 102, such amounts as may be necessary for programs, projects, or activities not otherwise specifically provided for in this joint resolution for which appropriations, funds, or other authority would be available in the Commerce, Justice, and State, the Judici- ary, and Related Agencies Appropriation Act, 1984 (H.R. 3222), at a Post, p. 1071. rate for operations and to the extent and in the manner that was provided for in Public Law 98-107: Provided, That none of the funds Ante, p. 733. made available in this joint resolution for the Department of Justice and the Federal Trade Commission may be used for any activity, the purpose of which is to overturn or alter the per se prohibition on resale price maintenance in effect under Federal antitrust laws: Provided further. That nothing in this provision shall prohibit any employee of the Department of Justice or the Federal Trade Com- mission from presenting testimony on this matter before appropri- ate committees of the House and Senate. (f) Such amounts as may be necessary for continuing the activi- ties, not otherwise specifically provided for in this joint resolution, which were provided for in H.R. 4139, the Treasury, Postal Service and General Government Appropriations Act, 1984, as passed by the House of Representatives on October 27, 1983, to the extent and in the manner provided for in such Act, and at a rate for operations as was provided for in S. 1646, the Treasury, Postal Service and General Government Appropriations Bill, 1984, as reported to the Senate (S. Rept. 98-186) on July 20, 1983: Provided, That any activity included in the Senate reported bill (S. 1646), but not included in the House passed bill (H.R. 4139), shall be continued at the rate and under the terms and conditions of the Senate reported bill (S. 1646). (g) Notwithstanding any other provision of this joint resolution, the following amounts are hereby made available, in addition to funds otherwise available, for the following purposes: EDUCATION FOR THE HANDICAPPED For an additional amount for carrying out section 611 of the Education of the Handicapped Act, $25,000,000 to become available 20 USC 1411. on July 1, 1984 and to remain available until September 30, 1985. REHABILITATION SERVICES AND HANDICAPPED RESEARCH For an additional amount for carrying out section lOOObKD of the Rehabilitation Act of 1973, $10,000,000. 29 USC 720. GRANTS TO SCHOOLS WITH SUBSTANTIAL NUMBERS OF IMMIGRANTS For carrying out emergency immigrant education assistance under title V of H.R. 3520 as passed the House of Representatives September 13, 1983, $30,000,000.

�


text:
Page:United States Statutes at Large Volume 97.djvu/1006

 97 STAT. 974 PUBLIC LAW 98-151—NOV. 14, 1983 20 USC 1070. 42 USC 241, 300w. HIGHER EDUCATION For an additional amount for work-study programs under title IV of the Higher Education Act of 1965, $5,000,000. For an additional amount for supplemental educational opportu- nity grants under title IV of the Higher Education Act of 1965, $5,000,000. COMMUNITY HEALTH CENTERS For an additional amount for carrying out titles III and XIX of the Public Health Service Act with respect to community health cen- ters, $10,000,000. NATIONAL TECHNICAL INSTITUTE FOR THE DEAF For an additional amount for carrying out the National Technical 20 USC 681 note. Institute for the Deaf Act, $1,700,000. GALLAUDET COLLEGE For an additional amount for carrying out the Act of June 18, 1954 ^68 Stat. 265), relating to Gallaudet College, $2,000,000. Terms and conditions. National board. FOOD DISTRIBUTION AND EMERGENCY SHELTER There is hereby appropriated, out of any money in the Treasury not otherwise appropriated, $10,000,000 to the Federal Emergency Management Agency to carry out an emergency food and shelter program. Notwithstanding any other provision of this joint resolu- tion or any other provision of law, such amount shall be made available under the terms and conditions of the following para- graphs: The Director of the Federal Emergency Management Agency shall, as soon as practicable after enactment of this Act, constitute a national board for the purpose of determining how the program funds are to be distributed to individual localities. The national board shall consist of seven members. The United Way of America, the Salvation Army, the Council of Churches, the National Confer- ence of Catholic Charities, the Council of Jewish Federations, Inc., the American Red Cross, and the Federal Emergency Management Agency shall each designate a representative to sit on the national board. The representative of the Federal Emergency Management Agency shall chair the national board. Each locality designated by the national board to receive funds shall constitute a local board for the purpose of determining how its funds will be distributed. The local board shall consist, to the extent practicable, of representatives of the same organizations as the national board except that the mayor or appropriate head of govern- ment will replace the Federal Emergency Management Agency member. The Director of the Federal Emergency Management Agency shall award a grant for $10,000,000 to the national board within thirty days after enactment of this Act for the purpose of providing emergency food and shelter to needy individuals through private voluntary organizations.

�


text:
Page:United States Statutes at Large Volume 97.djvu/1007

 PUBLIC LAW 98-151—NOV. 14, 1983 97 STAT. 975 Eligible private voluntary organizations should be nonprofit, have a voluntary board, have an accounting system, and practice nondis- crimination. Participation in the program should be based upon a private voluntary organization's ability to deliver emergency food and shel- ter to needy individuals and such other factors as are determined by the local boards. Total administrative costs shall not exceed 2 per centum of the total appropriation. As authorized by the Charter of the Commodity Credit Corpora- tion, the Corporation shall process and distribute surplus food owned or to be purchased by the Corporation under the food distri- bution and emergency shelter program in cooperation with the Federal Emergency Management Agency. SEC. 102. Appropriations and funds made available and authority granted pursuant to this joint resolution shall be available from November 10, 1983, and shall remain available until (a) enactment into law of an appropriation for any project or activity provided for in this joint resolution, or (b) enactment of the applicable appropri- ation Act by both Houses without any provision for such project or activity, or (c) September 30, 1984, whichever first occurs. SEC. 103. Appropriations made and authority granted pursuant to this joint resolution shall cover all obligations or expenditures incurred for any project or activity during the period for which funds or authority for such project or activity are available under this joint resolution. SEC. 104. Expenditures made pursuant to this joint resolution shall be charged to the applicable appropriation, fund, or authoriza- tion whenever a bill in which such applicable appropriation, fund, or authorization is contained is enacted into law. SEC. 105. No provision in any appropriation Act for the fiscal year 1984 referred to in section 101 of this joint resolution that makes the availability of any appropriation provided therein dependent upon the enactment of additional authorizing or other legislation shall be effective before the date set forth in section 102(c) of this joint resolution. SEC. 106. Notwithstanding any other provision of this joint resolu- tion except section 102, there are appropriated to the Postal Service Fund sufficient amounts so that postal rates for all preferred-rate mailers covered by section 3626 of title 39, United States Code, shall be continued at the rates in effect on September 1, 1983 (step 14): Provided, That mail for overseas voting and mail for the blind shall continue to be free: Provided further, That six-day delivery and rural delivery of mail shall continue at the 1983 level. SEC. 107. All obligations incurred in anticipation of the appropri- ations and authority provided in this joint resolution for the purposes of maintaining the minimum level of essential activities necessary to protect life and property and bringing about orderly termination of other functions are hereby ratified and confirmed if otherwise in accordance with the provisions of this joint resolution. SEC. 108. Notwithstanding any other provision of this joint reso- lution, funds available to the Federal Building Fund within the General Services Administration may be used to initiate new con- struction, purchase, advance design, and repairs and alteration line- items projects which are included in the Treasury, Postal Service and General Government Appropriation Act, 1984, as passed by the House or as reported to the Senate. Funding availability. Effective date. Postal rates. 39 USC 403 note. Ratification and confirmation of certain essentiail obligations.

�


text:
Page:United States Statutes at Large Volume 97.djvu/1008

 97 STAT. 976 PUBLIC LAW 98-151—NOV. 14, 1983 Guaranteed or insured loans. SEC. 110. Notwithstanding any other provision of this joint resolu- tion, within available funds not to exceed $100,000 is available to the Federal Law Enforcement Training Center and may be used for plans, major maintenance, and improvements to Center lands and facilities, to remain available until expended. SEC. 112. Notwithstanding any other provision of law, none of the funds made available to the General Services Administration pursu- ant to section 210(f) of the Federal Property and Administrative 40 USC 490. Services Act of 1949 shall be obligated or expended after the date of enactment of this joint resolution for the procurement by contract of any service which, before such date, was performed by individuals in their capacity as employees of the General Services Administration in any position of guards, elevator operators, messengers, and custo- dians, except that such funds may be obligated or expended for the procurement by contract of the covered services with sheltered workshops employing the severely handicapped under Public Law 41 USC 46-48c. 92-28. SEC. 113. Notwithstanding any other provision of this joint resolu- tion, $7,400,000 is appropriated to the Tennessee Valley Authority, to be available for the purpose of providing recreation on the Ocoee River, $6,400,000 of which is for reimbursement of the power pro- gram for additional costs of power operations resulting from recre- ational releases of water, all of which shall be reimbursed from imposition of fees for such recreation activities. SEC. 114. The head of any department or agency of the Federal Government in carrying out any loan guarantee or insurance pro- gram for the fiscal year 1984 shall enter into commitments to guarantee or insure loans pursuant to such program in the full amount provided by law subject only to (1) the availability of qualified applicants for such guarantee or insurance, and (2) limita- tions contained in appropriation Acts. SEC. 115. (a) Chapter 25 of title 18, United States Code, is amended by adding the following new section: Penalty. "§ 510^ Forging endorsements on Treasury checks or bonds or 18 USC 510. securities of the United States "(a) Whoever, with intent to defraud— "(1) falsely makes or forges any endorsement or signature on a Treasury check or bond or security of the United States; or "(2) passes, utters, or publishes, or attempts to pass, utter, or publish, any Treasury check or bond or security of the United States bearing a falsely made or forged endorsement or signa- ture shall be fined not more than $10,000 or imprisoned not more than ten years, or both. "(b) Whoever, with knowledge that such Treasury check or bond or security of the United States is stolen or bears a falsely made or forged endorsement or signature buys, sells, exchanges, receives, delivers, retains, or conceals any such Treasury check or bond or security of the United States that in fact is stolen or bears a forged or falsely made endorsement or signature shall be fined not more than $10,000 or imprisoned not more than ten years, or both. "(c) If the face value of the Treasury check or bond or security of the United States or the aggregate face value, if more than one Treasury check or bond or security of the United States, does not exceed $500, in any of the above-mentioned offenses, the penalty shall be a fine of not more than $1,000 or imprisonment for not more than one year, or both.".

�