text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1252

 96 STAT. 1210

PUBLIC LAW 97-279—OCT. 4, 1982

Public Law 97-279 97th Congress Joint Resolution Oct. 4, 1982 [S.J. Res. 193]

National Respiratory Therapy Week.

Designating the week of November 7 through November 13, 1982, as "National Respiratory Therapy Week".

Whereas respiratory therapy is recognized as one of the most modern and progressive segments of the health care delivery system in the United States; Whereas there are over eighty thousand respiratory therapy practitioners in the Nation who are making an important contribution to the delivery of quality health care; Whereas respiratory therapists are involved with therapeutic and life-sustaining cardiopulmonary care to patients suffering from lung and associated heart disorders; and Whereas in recent years the field of respiratory therapy has expanded to include postoperative pulmonary care, education, research, pulmonary testing, pulmonary rehabilitation, and neonatal-pediatric specialties: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the week of November 7 through November 13, 1982, is designated as "National Respiratory Therapy Week" and the President is authorized and requested to issue a proclamation calling on the people of the United States to observe such week with appropriate activities. Approved October 4, 1982.

LEGISLATIVE HISTORY—S.J. Res. 193: CONGRESSIONAL RECORD, Vol. 128 (1982): June 24, considered and passed Senate. Sept. 21, considered and passed House.

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1253

 PUBLIC LAW 97-280—OCT. 4, 1982

96 STAT. 1211

Public Law 97-280 97th Congress Joint Resolution Authorizing and requesting the President to proclaim 1983 as the "Year of the Bible".

Oct. 4, 1982 [S.J. Res. 165]

Whereas the Bible, the Word of God, has made a unique contribution in shaping the United States as a distinctive and blessed nation and people; Whereas deeply held religious convictions springing from the Holy Scriptures led to the early settlement of our Nation; Whereas Biblical teachings inspired concepts of civil government that are contained in our Declaration of Independence and the Constitution of the United States; Whereas many of our great national leaders—among them Presidents Washington, Jackson, Lincoln, and Wilson—paid tribute to the surpassing influence of the Bible in our country's development, as in the words of President Jackson that the Bible is "the rock on which our Republic rests"; Whereas the history of our Nation clearly illustrates the value of voluntarily applying the teachings of the Scriptures in the lives of individuals, families, and societies; Whereas this Nation now faces great challenges that will test this Nation as it has never been tested before; and Whereas that renewing our knowledge of and faith in God through Holy Scripture can strengthen us as a nation and a people: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President is Bible. ^fi^^°^**^® authorized and requested to designate 1983 as a national "Year of the Bible" in recognition of both the formative influence the Bible has been for our Nation, and our national need to study and apply the teachings of the Holy Scriptures. Approved October 4, 1982.

LEGISLATIVE HISTORY—S.J. Res. 165: CONGRESSIONAL RECORD, Vol. 128 (1982): Mar. 31, considered and passed Senate. Sept. 21, considered and passed House.

�

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


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1254

 96 STAT. 1212

PUBLIC LAW 97-281—OCT. 5, 1982

Public Law 97-281 97th Congress Joint Resolution —Oct- 5, 1982— [H.J. Res. 568]

Dr. Robert H. Goddard Day.

,j,Q provide for the designation of October 5, 1982, as "Dr. Robert H. Goddard Day".

Whereas October 5, 1982, marks the 100th anniversary of the birth of Dr. Robert H. Goddard, the father of the space age; Whereas this rocket pioneer's persevering pursuit of new knowledge has led us to orbit the Earth, to walk the Moon's surface, to fill the skies with countless tools for communications and scientific inquiry; Whereas he was the first to explore the practicality of using rocket power to reach high altitudes; Whereas he was the first to launch a liquid propellant rocket; Whereas he was the first to develop gyrosteering apparatus, pumps, rocket motors and landing devices; Whereas he was the first to dream the dream of jet-driven aircraft and interplanetary/interstellar space travel; Whereas he neither sought, nor received public acclaim or financial reward during his lifetime; and Whereas the Worcester Area Chamber of Commerce, Clark University and Worcester Polytechnic Institute in cooperation with the Worcester County Convention and Visitors Bureau and the Center of Business Information will honor Dr. Robert H. Goddard with a centennial celebration in Worcester, Massachusetts, on October 5, 6, and 7, 1982: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That October 5, 1982, ig designated as "Dr. Robert H. Goddard Day", and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe such day with appropriate ceremonies and activities. Approved October 5, 1982.

LEGISLATIVE HISTORY—H.J. Res. 568: CONGRESSIONAL RECORD, Vol. 128 (1982): Sept. 21, considered and passed House. Oct. 1, considered and passed Senate.

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1255

 PUBLIC LAW 97-282—OCT. 5, 1982

96 STAT. 1213

Public Law 97-282 97th Congress Joint Resolution To authorize and request the President to designate October 16, 1982, as "World Food Day".

Whereas hunger and chronic malnutrition remain daily facts of life for hundreds of millions of people throughout the world; Whereas the children of the world are those who are suffering the most serious effects of hunger and malnutrition, with millions of children dying each year from hunger-related illness and disease, and many others suffering permanent physical or mental impairment, including blindness, because of vitamin and protein deficiencies; Whereas although progress has been made in reducing the incidence of hunger and malnutrition in the United States, certain groups, notably Native Americans, migrant workers, the elderly, and children, remain vulnerable to malnutrition and related diseases; Whereas there is widespread concern that the use and conservation of land and water resources required for food production throughout the United States ensure care for the national patrimony we bequeath to future generations; Whereas national policies concerning food, farmland, and nutrition require continuing evaluation and should consider and strive for the well-being and protection of all residents of the United States and particularly those most at health risk; Whereas a major global food supply crisis appears likely to occur within the next twenty years unless the level of world food production is significantly increased, and the means for the distribution of food and of the resources required for its production are improved; Whereas the United States, as the world's largest producer and trader of food, has a key role to play in efforts to assist nations and peoples to improve their ability to feed themselves; Whereas the United States has a long tradition of demonstrating its humanitarian concern for helping the hungry and malnourished; Whereas efforts to resolve the world hunger problems are critical to the security of the United States and the international community; Whereas d ^ e y recommendation of the Presidential Commission on World Hunger was that efforts be undertaken to increase public awareness of the world hunger problem; Whereas the first World Food Day on October 16, 1981, was supported by proclamations of the Governors of all fifty States, a resolution of Congress, a Presidential proclamation, efforts of the United States Department of Agriculture, and by more than one hundred and seventy-five national private and voluntary organizations; and Whereas the one hundred and fifty-two nations of the Food and Agriculture Organization of the United Nations designated October 16, 1982, as "World Food Day" because of the need to alert the

Oct. 5, 1982 [S.J. Res. 174]

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1256

 96 STAT. 1214

PUBLIC LAW 97-282—OCT. 5, 1982

public to the increasingly dangerous world food situation: Now, therefore, be it Resolved by the Senate and House of Representatives of the United World Food Day. States of America in Congress assembled, That the President is authorized and requested to issue a proclamation designating October 16, 1982, as "World Food Day", and calling upon the people of the United States to observe such day with appropriate activities. Approved October 5, 1982.

LEGISLATIVE HISTORY—S.J. Res. 174: CONGRESSIONAL RECORD, Vol. 128 (1982): Sept. 15, considered and passed Senate. Sept. 21, considered and passed House.

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1257

 PUBLIC LAW 97-283—OCT. 5, 1982

96 STAT. 1215

Public Law 97-283 97th Congress An Act To further amend the boundary of the Cibola National F'orest to allow an exchange of lands with the city of Albuquerque, New Mexico.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, in order to expedite the acquisition of land authorized by the Act of November 8, 1978 (92 Stat. 3095, as amended), that Act is hereby amended as follows: (a) Delete all of section 1 and insert the following language in lieu thereof: "All that portion of the Elena Gallegos Grant, lying east of a line depicted on a subdivision plat entitled 'Summary Plat of a Portion of the Elena Gallegos Grant' (the 'Summary Plat'), recorded in the office of the County Clerk of Bernalillo County, New Mexico, on June 29, 1982, in Volume C19, Folio 183, consisting of eight pages, said line being the western limits of the tract described herein being further described as follows: Beginning at the closing corner between sections 35 and 36 of township 11 north, range 4 east, New Mexico principal meridian, on the south boundary of said grant; thence north 0 degrees 03 minutes 21 seconds east, 2,670.40 feet to a point; thence north 00 degrees 03 minutes 21 seconds east, 1,244.73 feet to the projected section corner common to sections 25, 26, 35, and 36; thence continuing along the projected section line common to said sections 25 and 26, north 00 degrees 17 minutes 37 seconds east, 1,346.11 feet to a point; thence leaving said section line and continuing south 84 degrees 40 minutes 00 seconds east, 178.00 feet to a point; thence south 53 degrees 20 minutes 00 seconds east, 218.00 feet to a point; thence north 52 degrees 50 minutes 00 seconds east, 364.00 feet to a point; thence east 225.00 feet to a point; thence north GQ degrees 00 minutes 00 seconds east, 1,244.14 feet to a point; thence north 06 degrees 12 minutes 25 seconds west, 1,765.08 feet to a point; thence north 07 degrees 27 minutes 00 seconds west, 2,008.00 feet to a point; thence south 80 degrees 38 minutes 00 seconds west, 984.00 feet to a point; thence south 64 degrees 45 minutes 00 seconds west, 621.00 feet to the projected section corner common to sections 23, 24, 25, and 26; thence north 00 degrees 44 minutes 22 seconds west, 1,382.97 feet to the southeast corner of Sandia Heights South, Unit 14, as the same is shown and designated on the plat filed in the office of the County Clerk of Bernalillo County, New Mexico, on February 12, 1975; thence continuing along the easterly boundary of said Unit 14, north 00 degrees 04 minutes 20 seconds east, 1,951.64 feet to the northeast corner of said Unit 14, said corner also being the southeast corner of Sandia Heights South, Unit 10, as the same is shown and designated on the plat filed in the office of the County Clerk of Bernalillo County, New Mexico, on March 11, 1974; thence continuing along the easterly boundary of said Unit 10, north 00 degrees 02 minutes 31 seconds east, 1,493.53 feet to the northeast corner of said Unit 10, said corner also being the southeast corner of

Oct. 5, [S. 2405] Cibola National Forest, N. Mex. Land exchange and boundary extension.

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1258

 96 STAT. 1216

92 Stat. 3095.

PUBLIC LAW 97-283—OCT. 5, 1982

Sandia Heights South, Unit 3, as the same is shown and designated on the plat filed in the office of the County Clerk of Bernalillo County, New Mexico, on August 3, 1971; thence continuing along the easterly boundary of said Unit 3, north 00 degrees 03 minutes 29 seconds east, 1,867.10 feet to the northeast corner of said Unit 3, said corner also being the southeast corner of Sandia Heights South, Unit 2, as the same is shown and designated on the plat filed in the office of the County Clerk of Bernalillo County, New Mexico, on October 20, 1970; thence continuing along easterly boundary of said Unit 2, north 00 degrees 03 minutes 29 seconds east, 1,869.70 feet to the northeast comer of said Unit 2, said corner also being the southeast corner of Sandia Heights South, as the same is shown and designated on the plat filed in the office of the County Clerk of Bernalillo County, New Mexico, on June 20, 1966; thence continuing along the easterly boundary of said Sandia Heights South, north 00 degrees 03 minutes 29 seconds east, 1,725.76 feet to the northwest corner of the tract herein described, said corner being a point on the northerly boundary of the Elena Gallegos Grant: Provided, however. That the tract of land described in this section not be included within the Cibola National Forest until the Secretary of Agriculture determines that the city of Albuquerque, New Mexico, has acquired a tract of land containing approximately six hundred and forty acres located in such tract for open space or city park use.". (b) Add a new section 5 to read as follows: "SEC. 5. (a) Notwithstanding any other provision of law, the Secretary of Agriculture, in cooperation with the Secretary of the Interior, is authorized and directed to acquire the lands described in section 1 in lieu of purchase as authorized by section 4 of this Act by exchanging with the city of Albuquerque so much of the Federal lands administered by the Forest Service and Bureau of Land Management in the State of New Mexico and consisting of approximately 32,800 acres, more or less, as the Secretary of Agriculture and the Secretary of the Interior determine are needed to equal the value of the land conveyed by the city of Albuquerque. "(b) The lands to be conveyed are subject to valid existing rights.

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1259

 PUBLIC LAW 97-283—OCT. 5, 1982

96 STAT. 1217

"(c) Transactions necessary to effect the exchange authorized by this section shall be made pursuant to the provisions of the Federal Land Policy and Management Act of 1976 (90 Stat. 2743) and other 43 USC I70i applicable law except to the extent necessary to expeditiously carry note. out the provision of this section and shall be made within 90 days of enactment of this Act: Provided, That the rights and responsibilities of the respective owners shall remain with such owners until such time as the conveyances are executed.". Approved October 5, 1982.

LEGISLATIVE HISTORY—S. 2405: SENATE REPORT No. 97-539 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 128 (1982): Sept. 17, considered and passed Senate. Sept. 23, considered and passed House.

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1260

 96 STAT. 1218

PUBLIC LAW 97-284—OCT. 5, 1982

Public Law 97-284 97th Congress Joint Resolution Oct. 5, 1982 [ H J Res 4861 ^ ' ' ^

Authorizing and requesting the President to issue a proclamation designating the period from October 3, 1982, through October 9, 1982, as "National Schoolbus Safety Week of 1982".

Whereas twenty-two million students are transported by schoolbus to and from school each day; Whereas the safety of these students deserves the highest priority; and Whereas a national program is underway to call public attention to the importance of schoolbus safety during the week of October 3, 1982, through October 9, 1982: Now, therefore, be it Resolved by the Senate and House of Representatives of the United National States of America in. Congress assembled, That the President is ^hoolbus Safety authorized and requested to issue a proclamation designating the week ot iy»^. pQj-io^ frorh October 3, 1982, through October 9, 1982, as "National Schoolbus Safety Week of 1982" and calling upon the people of the United States and interested groups and organizations to observe such week with appropriate ceremonies and activities. Approved October 5, 1982.

LEGISLATIVE HISTORY—H.J. Res. 486: CONGRESSIONAL RECORD, Vol. 128 (1982): Sept. 21, considered and passed House. Oct. 1, considered and passed Senate.

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1261

 PUBLIC LAW 97-285—OCT. 6, 1982

96 STAT. 1219

Public Law 97-285 97th Congress An Act To amend sections 351 and 1751 of title 18 of the United States Code to provide penalties for crimes against Cabinet officers, Supreme Court Justices, and Presidential staff members, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) subsection (a) of section 351 of title 18 of the United States Code is amended to read as follows: "(a) Whoever kills any individual who is a Member of Congress or a Member-of-Congress-elect, a member of the executive branch of the Government who is the head, or a person nominated to be head during the pendency of such nomination, of a department listed in section 101 of title 5 or the second ranking official in such department, the Director (or a person nominated to be Director during the pendency of such nomination) or Deputy Director of Central Intelligence, or a Justice of the United States, as defined in section 451 of title 28, or a person nominated to be a Justice of the United States, during the pendency of such nomination, shall be punished as provided by sections 1111 and 1112 of this title.". (b) Section 351 of title 18 of the United States Code is amended by adding at the end the following: "(h) In a prosecution for an offense under this section the Government need not prove that the defendant knew that the victim of the offense was an official protected by this section. "(i) There is extraterritorial jurisdiction over the conduct prohibited by this section.". SEC. 2. (a) The section heading of section 351 of title 18 of the United States Code is amended to read as follows: "§ 351. Congressional, Cabinet, and Supreme Court assassination, kidnaping, and assault; penalties". (b) In the table of sections at the beginning of chapter 18 of title 18 of the United States Code, the item relating to section 351 is amended to read as follows: "351. Congressional, Cabinet, and Supreme Court assassination, kidnaping, and assault; penalties.".

(c) The chapter heading of chapter 18 of title 18 of the United States Code is amended to read as follows: "CHAPTER 18—CONGRESSIONAL, CABINET, AND SUPREME COURT ASSASSINATION, KIDNAPING, AND ASSAULT". (d) The table of chapters at the beginning of part I of title 18 of the United States Code is amended so that the item relating to chapter 18 reads as follows: "18. Congressional, Cabinet, and Supreme Court assassination, kidnaping, and assault 351".

Oct. 6, 1982 [S. 907]

Penalties for crimes against governmental officials.

5 USC 101.

28 USC 451.

18 USC nil, 1112.

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1262

 96 STAT. 1220

3 USC 105. 3 USC 106. 18 USC n i l, 1112. Fines or imprisonment.

PUBLIC LAW 97-285—OCT. 6, 1982

(e) Subsection (c) of section 2516 of title 18 of the United States Code is amended by striking out "(violations with respect to congressional" and all that follows through "assault)" and inserting in lieu thereof the following: "(violations with respect to congressional, Cabinet, or Supreme Court assassinations, kidnaping, and assault)". SEC. 3. (a) Subsection (a) of section 1751 of title 18 of the United States Code is amended to read as follows: "(a) Whoever kills (1) any individual who is the President of the United States, the President-elect, the Vice President, or, if there is no Vice President, the officer next in the order of succession to the Office of the President of the United States, the Vice President-elect, or any person who is acting as President under the Constitution and laws of the United States, or (2) any person appointed under section 105(a)(2)(A) of title 3 employed in the Executive Office of the President or appointed under section 106(a)(l)(A) of title 3 employed in the Office of the Vice President, shall be punished as provided by sections 1111 and 1112 of this title.". (b) Subsection (e) of section 1751 of title 18 of the United States Code is amended to read as follows: "(e) Whoever assaults any person designated in subsection (a)(D shall be fined not more than $10,000, or imprisoned not more than ^^ years, or both. Whoever assaults any person designated in subsection (a)(2) shall be fined not more than $5,000, or imprisoned not more than one year, or both; and if personal injury results, shall be fined not more than $10,000, or imprisoned not more than ten years, or both.". (c) Subsection (g) of section 1751 of title 18 of the United States Code is amended by striking out "this section" and inserting in lieu thereof "subsection (a)(D". (d) Section 1751 of title 18 of the United States Code is amended by adding at the end the following: "(j) In a prosecution for an offense under this section the Government need not prove that the defendant knew that the victim of the offense was an official protected by this section. "(k) There is extraterritorial jurisdiction over the conduct prohibited by this section.". SEC. 4. (a) The section heading of section 1751 of title 18 of the United States Code is amended to read as follows: "§ 1751. Presidential and Presidential staff assassination, kidnaping, and assault; penalties". Oa) In the table of sections at the beginning of chapter 84 of title 18 of the United States Code the item relating to section 1751 is amended to read as follows: "1751. Presidential and Presidential staff assassination, kidnaping, and assault; penalties.".

(c) The heading of chapter 84 of title 18 of the United States Code is amended to read as follows: "CHAPTER 84—PRESIDENTIAL AND PRESIDENTIAL STAFF ASSASSINATION, KIDNAPING, AND ASSAULT". (d) The table of chapters at the beginning of part I of title 18 of the United States Code is amended so that the item relating to chapter 84 reads as follows:

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1263

 PUBLIC LAW 97-285—OCT. 6, 1982

96 STAT. 1221

"84. Presidential and Presidential staff assassination, kidnaping, and assault 1751".

(e) Subsection (c) of section 2516 of title 18 of the United States Code is amended by striking out "(Presidential assassinations, kidnapping, and assault)" and inserting in lieu thereof "(Presidential and Presidential staff assassination, kidnaping, and assault)". Approved October 6, 1982.

LEGISLATIVE HISTORY—S. 907: HOUSE REPORT No. 97-803 (Comm. on the Judiciary), SENATE REPORT No. 97-320 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 128 (1982): May 5, considered and passed Senate. Sept. 14, considered and passed House, amended. Sept. 22, Senate concurred in House amendment.

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1264

 96 STAT. 1222

PUBLIC LAW 97-286—OCT. 6, 1982

Public Law 97-286 97th Congress An Act Oct. 6, 1982 [S. 2271] National Bureau of Standards Authorization Act for Fiscsil Year 1983.

To authorize appropriations to the Secretary of Commerce for the programs of the National Bureau of Standards for fiscal year 1983, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the National Bureau of Standards Authorization Act for Fiscal Year 1983". AUTHORIZATION FOR PROGRAM ACTIVITIES

SEC. 2. (a) There are hereby authorized to be appropriated to the Secretary of Commerce, hereinafter referred to as the Secretary, to carry out activities performed by the National Bureau of Standards, the sums set forth in the following line items: (1) Megisurement Research and Standards, for fiscal year 1983, $50,389,000. (2) Engineering Measurements and Standards, for fiscal year 1983, $20,807,000. (3) Computer Science and Technology, for fiscal year 1983, $10,000,000. (4) Core Research Program for Innovation and Productivity, for fiscal year 1983, $11,188,000. (5) Technical Competence Fund, for fiscal year 1983, $6,986,000. (6) Fire Research Center, for fiscal year 1983, $4,991,000. (7) Central Technical Support, for fiscal year 1983, $13,500,000. (b) Notwithstanding any other provision of this or any other Act, for fiscal year 1983: (1) of the total amount authorized under subsection (a)(4) not less than $3,000,000 shall be available for "Metals Processing"; (2) of the total amounts authorized under subsections (a)(D and (a)(2), not less than $1,000,000 shall be available for "Measurement Standards for the Handicapped"; (3) of the total amount authorized under subsection (a)(3), not less than $10,000,000 shall be available for "Computer Science and Technology"; and (4) of the total amount authorized under subsection (a)(4), $3,200,000 for "Robotics Research and Development". EXCESS FOREIGN CURRENCY

SEC. 3. In addition to the sums authorized in section 2, not more than $500,000 is authorized for fiscal year 1983 for expenses of the National Bureau of Standards incurred outside the United States, to be paid for in foreign currencies that the Secretary of the Treasury determines to be excess to the normal requirements of the United States.

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1265

 PUBLIC LAW 97-286—OCT. 6, 1982

96 STAT. 1223

NATIONAL TECHNICAL INFORMATION SERVICE

SEC. 4. In addition to the sums authorized in section 2, the sum of $1,980,000 is authorized to be appropriated to the Assistant Secretary to carry out activities performed by the National Technical Information Service. OFFICE OF PRODUCTIVITY, TECHNOLOGY AND INNOVATION

SEC. 5. In addition to the sums authorized in section 2, the sum of $1,898,000 is authorized to be appropriated to the Assistant Secretary for fiscal year 1983 for the purpose of research, development, and related activities in the field of innovation and productivity. SALARY ADJUSTMENTS

SEC. 6. In addition to the sums authorized to be appropriated by this Act, such additional sums as may be necessary to make any adjustments in salary, pay, retirement, and other employee benefits which may be provided for by law are authorized to be appropriated for fiscal year 1983 and, if the full amount necessary to make such adjustments is not appropriated, the adjustments shall be made proportionately from sections 4 and 5 and in the line items in section 2(a) in a manner reflecting the extent to which the amount of each such line item in section 2(a) is attributable to employee benefits of the type involved. AVAILABILITY OF APPROPRIATIONS

SEC. 7. Appropriations made under the authority provided in this Act shall remain available for obligation, for expenditure, or for obligation and expenditure for periods specified in the Acts making such appropriations. ACTIVITIES PERFORMED FOR OTHER AGENCIES

SEC. 8. The Secretary of Commerce shall charge for any service performed by the Bureau, at the request of another Government agency, in compliance with any statute, enacted before, on, or after the date of enactment of this Act, which names the Secretary or the Bureau as a consultant to another Government agency, or calls upon the Secretary or the Bureau to support or perform any activity for or on behalf of another Government agency, or to cooperate with any Government agency in the performance by that agency of any activity, regardless of whether the statute specifically requires reimbursement to the Secretary or the Bureau by such other Government agency for such service, unless funds are specifically appropriated to the Secretary or the Bureau to perform such service. The

15 USC 275b.

Waiver.

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1266

 96 STAT. 1224

PUBLIC LAW 97-286—OCT. 6, 1982

Secretary may, however, waive any charge where the service rendered by the Bureau is such that the Bureau will incur only nominal costs in performing it. Costs shall be determined in accordance with section 12(e) of the Act of March 3, 1901, as amended (15 U.S.C. 278b(e)). Approved October 6, 1982.

LEGISLATIVE HISTORY—S. 2271 (H.R. 5726): HOUSE REPORT No. 97-501 accompanying H.R. 5726 (Comm. on Science and Technology). SENATE REPORT No. 97-337 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 128 (1982): Apr. 29, considered and passed Senate. May 19, H.R. 5726 considered and passed House; proceedings vacated and S. 2271, amended, passed in lieu. Aug. 12, Senate concurred in House amendment with amendments. Sept. 22, House concurred in Senate amendments. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 18, No. 40 (1982): Oct. 7, Presidential statement.

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1267

 PUBLIC LAW 97-287—OCT. 6, 1982 Public Law 97-287 97th Congress

96 STAT. 1225

An Act

To authorize the exchange of certain land held by the Navajo Tribe and the Bureau of Land Management, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) subject to the approval of the Secretary of the Interior and to the provisions of this Act, the Navajo Tribe is authorized to exchange any surface interests of such Tribe in the lands described in subsection (b) for surface interests of the United States in lands described in subsection (c) which are approximately equal in value to such tribal interests. (b) Lands located within the following New Mexico principal meridian townships are described in this subsection: Township 8 north, range 12 west; Township 8 north, range 11 west; Township 7 north, range 12 west; Township 7 north, range 11 west; Township 6 north, range 12 west; Township 7 north, range 5 west; Township 6 north, range 5 west; Township 6 north, range 4 west; Township 6 north, range 3 west; and Township 7 north, range 3 west. (c) The lands described in this subsection are the lands withdrawn for exchange by Public Land Order 5721 (Federal Register, May 2, 1980, pages 29295-29297) other than the following lands: Township 23 north, range 13 west. New Mexico principal meridian: section 3, southeast quarter; section 13, southeast quarter; and section 28, southwest quarter; Township 16 north, range 10 west. New Mexico principal meridian: section 6, southeast quarter; and section 18, northeast quarter; and Township 22 north, range 10 west. New Mexico principal meridian: section 16, north half and southwest quarter; SEC. 2. Any interests in lands acquired by the Navajo Tribe under section 1(a) shall be held by the Secretary of the Interior in trust for the benefit and use of the Navajo Tribe. SEC. 3. (a) Lands received by the Navajo Tribe in an exchange under section 1(a) shall be subject to such easements or rights-of-way as the Secretary of the Interior may create in order to provide necessary access to lands adjacent to such lands. The Secretary of the Interior may create such an easement or right-of-way only after he has consulted the governing body of the Navajo Tribe with regard to the location, scope, and use of such easement or right-of-way. (b) Nothing in this Act shall affect— (1) the mineral interests of any person, or (2) any easement or other rights of any person (other than the United States or the Navajo Tribe),

Oct. 6, 1982 [H.R. 3589]" Navajo Tribe. Land exchange.

Lands in trust.

Easements or rights-of-way.

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1268

 96 STAT. 1226

Appropriation authorization.

PUBLIC LAW 97-287—OCT. 6, 1982

in lands exchanged under section 1(a) which existed prior to the enactment of this Act. The development of such interests and the exercise of such rights may only be controlled by the Navajo Tribe or the Secretary of the Interior to the same extent that such development or exercise could have been controlled by the Secretary of the Interior prior to the enactment of this Act. SEC. 4. (a) No exchange shall be made under section 1(a) if, at the time such exchange is proposed, the value of the interests in lands described in section 1(b) which are proposed to be exchanged exceeds an amount equal to 125 percent of the value of interests in lands described in section 1(c) which are proposed to be exchanged. (b)(1) If, at the time of an exchange under section 1(a), the value of the interests in lands described in section 1(b) which are exchanged under section 1(a) exceeds the value of the interests in lands described in section 1(c) which are exchanged under section 1(a), the Secretary of the Interior shall pay to the Navajo Tribe an amount equal to such excess value. (2) If, at the time of any exchange under section 1(a), the value of the interests in lands described in section 1(c) which are exchanged under section 1(a) exceeds the value of the interests in lands described in section 1(b) which are exchanged under section 1(a), the Navajo Tribe shall pay to the United States an amount equal to such excess value. SEC. 5. There are hereby authorized to be appropriated such sums ^g g^j.g necessary to carry out the provisions of section 4(b)(1). Approved October 6, 1982.

LEGISLATIVE HISTORY—H.R. 3589: HOUSE REPORT: No. 97-616 (Coram, on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 128 (1982): July 19, considered and passed House. Aug. 20, considered and passed Senate, amended. Sept. 23, House concurred in Senate amendment.

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1269

 PUBLIC LAW 97-288—OCT. 6, 1982

96 STAT. 1227

Public Law 97-288 97th Congress An Act To declare that the United States holds certain lands in trust for the Washoe Tribe of Nevada and California and to transfer certain other lands to the administration of the United States Forest Service.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) subject to the provisions of subsection (b), all right, title, and interest of the United States in the following lands (including all improvements thereon and appurtenances thereto, particularly all water rights appurtenant thereto which are presently administered by the Bureau of Indian Affairs of the Department of the Interior) are hereby declared to be held by the United States in trust for the benefit and use of the Washoe Tribe of Nevada and California and are hereby declared to be part of the Washoe Indian Reservation: Township 14 North, Range 19 East, Mount Diablo Meridian, Nevada Section 1: Lot 2 northeast quarter, lot 3; 84.90 acres. Section 3: West half lot 1 west half lot 2, northeast quarter, east half lot 1, east half lot 2, northwest quarter; 157.14 acres. Section 14: East half southwest quarter, southwest quarter northeast quarter, southeast quarter northwest quarter excluding any portion lying west of Jack's Valley Road as it presently exists; 160.00 acres. Section 22: South half north half; 160.00 acres. Section 23: South half, south half northwest quarter, northeast quarter northwest quarter; 440.00 acres. Section 24: South half south half; 160.00 acres. Section 25: North half, southeast quarter, northeast quarter southwest quarter; 520.00 acres. Section 36: West half, north half northeast quarter, southwest quarter northeast quarter, south half southeast quarter, northwest quarter southeast quarter; 560.00 acres. Total acreage: 2,242.04 acres more or less. Township 14 North, Range 20 East, Mount Diablo Meridian, Nevada Section 5: The north half of the northeast quarter lying west of the V and T right-of-way and south of Clear Creek; and the east half of lot 2 in the northwest quarter. Total acreage: 108.01 acres more or less. Section 6: Lots 1 and 2; 144.13 acres. Section 18: West half northeast quarter, southeast quarter northeast quarter, northwest quarter southeast quarter; 160.00 acres more or less. Section 19: South half lot 2 northwest quarter, lot 2 southwest quarter; 98.36 acres more or less.

Oct. 6, 1982 [H.R. 5081]

Washoe Tribe of Nev.-Calif. Lands in trust; other lands, transfer to U.S. Forest Service.

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1270

 96 STAT. 1228

PUBLIC LAW 97-288—OCT. 6, 1982 Township 15 North, Range 20 East, Mount Diablo Meridian, Nevada

Section 32: The east half of the southeast quarter and the southwest quarter of the southeast quarter; and two parcels of land lying within the northwest quarter of the southeast quarter of section 32 in township 15 north of range 20 east of the Mount Diablo Meridian in Ormsby County, Nevada. Parcel numbered 1 is south of the highway leading from the Stewart Indian School to the MindenCarson City Highway and is described as beginning at a point at the southeast corner of the parcel, the corner being also the southwest corner of the missionary lot, said point of beginning and further described as bearing north 52 degrees 43 minutes west, a distance of 2,198.00 feet from the southeast corner of section 32. thence north 89 degrees 50 minutes west, a distance of 900.00 feet to the southwest corner of the parcel, said corner being also the southwest corner of the above described subdivision; thence north 0 degrees 04 seconds east, a distance of 1,102.00 feet to a point at the northwest corner of the parcel and the southerly side of the highway 100-foot right-of-way line; thence south 51 degrees 32 minutes east, along the southerly side of the highway right-of-way line a distance of 1,600.28 feet to a point at the intersection of the highway right-of-way line and the northerly property line of the missionary lot; thence north 55 degrees 24 minutes west, along the northerly property line of said lot a distance of 430.00 feet to a point; thence south 0 degrees 04 minutes west, along the west boundary of said lot a distance of 354.40 feet to the point of beginning; said parcel numbered 1 containing 15.51 acres, more or less. Parcel numbered 2 is north of the highway leading from the Stewart Indian School to the Minden-Carson City highway and is described as beginning at a point at the southeast corner of the parcel, said corner being on the northerly side of the highway 100-foot right-ofway line and the east side of the above described subdivision, said point of,beginning being further described as bearing north 41 degrees 18 minutes west, a distance of 2,010 feet from the southeast corner of section 32: thence north 51 degrees 32 minutes west, along the northerly side of the highway right-of-way line a distance of 1,690.00 feet to a point; thence north 0 degrees 04 minutes east, a distance of 35.80 feet to the northwest corner of the parcel, said corner being also the northwest corner of the above described subdivision; thence south 89 degrees 50 minutes east, along the subdivision line a distance of 1,239.50 feet to the northeast corner of the parcel and the west right-of-way line of the Virginia and Truckee Railroad; thence south 0 degrees 04 minutes west, along the railroad right-of-way line a distance of 44.50 feet to a point; thence from a tangent whose bearing is the last described course curving to the left with a radius of 1,196.28 feet through an angle of 21 degrees 15 minutes 40 seconds a distance of 443.90 feet to a point on the railroad right-of-way line and the east side of the subdivision;

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1271

 PUBLIC LAW 97-288—OCT. 6, 1982

96 STAT. 1229

thence south 0 degrees 04 minutes west, along the east side of the subdivision a distance of 655.70 feet to the point of beginning. And the south half of the southwest quarter excepting the following parcels: (1) land lying west of the V and T Railroad right-of-way contained in the southeast quarter southeast quarter; and (2) southwest quarter southeast quarter. Total acreage 165.54 acres more or less. (b) Nothing in this section shall deprive any person or entity of any legal existing right-of-way, legal mining claim, legal grazing permit, legal water right (including any water right with respect to the Carson River as decreed by order of the United States District Court of the State of Nevada on October 28, 1980, in the matter of the determination of the relative rights in and to the waters of the Carson River and its tributaries in Douglas County, Nevada), or other legal right or legal interest which such person or entity may have in land described in subsection (a). (c) The lands which are declared to be held in trust and part of the Washoe Indian Reservation under subsection (a) shall be used primarily for agricultural purposes. (d) Section 164 of the Act of July 14, 1955 (69 Stat. 322, 42 U.S.C. 7474), as amended, shall be applied without regard to the provisions of this section. SEC. 2. On or before the expiration of one hundred and eighty days from the date of enactment of this Act the Bureau of Indian Affairs shall transfer to the Forest Service, United States Department of Agriculture, the following lands which shall become national forest system lands subject to all laws, rules, and regulations applicable to the national forest system: Township 14 North, Range 19 East, Mount Diablo Meridian, Nevada Section 21: Southeast quarter northeast quarter; 40 acres. Section 28: Northeast quarter northeast quarter; 40 acres. Total acreage: 80.00 acres more or less. Approved October 6, 1982.

LEGISLATIVE HISTORY—H.R. 5081 (S. 1858): HOUSE REPORT No. 97-598 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 97-509 accompanying S. 1858 (Comm. on Indian Affairs). CONGRESSIONAL RECORD, Vol. 128 (1982): July 19, considered and passed House. Aug. 19, S. 1858, considered and passed Senate; H.R. 5081, amended, passed in lieu. Sept. 23, House concurred in Senate amendment.

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1272

 96 STAT. 1230

PUBLIC LAW 97-289—OCT. 6, 1982

Public Law 97-289 97th Congress Joint Resolution Oct. 6, 1982 [H.J. Res. 612] Housing and community development, extension of insurance programs. 12 USC 1703.

12 USC 1715h. 12 USC 1715Z.

12 USC 1715z.

12 USC 1715Z-1. 12 USC 1715Z-9.

12USei715z-10. 12 USC 1748h-l.

12 USC 1748h-2.

12 USC 1749bb.

12 USC 1749aaa.

To provide for the temporary extension of certain insurance programs relating to housing and community development, and for other purposes.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, EXTENSION OF FEDERAL HOUSING ADMINISTRATION MORTGAGE INSURANCE PROGRAMS

SECTION 1. (a) Section 2(a) of the National Housing Act is amended by striking out "October 1, 1982" in the first sentence and inserting in lieu thereof "May 21, 1983". (b) Section 217 of such Act is amended by striking out "September 30, 1982" and inserting in lieu thereof "May 20, 1983". (c) Section 221(f) of such Act is amended by striking out "September 30, 1982" in the fifth sentence and inserting in lieu thereof "May 20, 1983". (d) Section 235 of such Act is amended— (1) in subsection (h)(D, by striking out "September 30, 1982" each place it appears in the fourth sentence and inserting in lieu thereof "May 20, 1983"; (2) in subsection (m), by striking out "September 30, 1982" and inserting in lieu thereof "May 20, 1983"; and (3) in subsection (q)(D, by striking out "September 30, 1982" and inserting in lieu thereof "May 20, 1983". (e) Section 236(n) of such Act is amended by striking out "September 30, 1982" and inserting in lieu thereof "May 20, 1983". (f) Section 244(d) of such Act is amended— (1) by striking out "September 30, 1982" in the first sentence and inserting in lieu thereof "May 20, 1983"; and (2) by striking out "October 1, 1982" in the second sentence and inserting in lieu thereof "May 21, 1983". (g) Section 245(a) of such Act is amended by striking out "September 30, 1982" and inserting in lieu thereof "May 20, 1983". (h) Section 809(f) of such Act is amended by striking out "September 30, 1982" in the second sentence and inserting in lieu thereof "May 20, 1983". (i) Section 810(k) of such Act is amended by striking out "September 30, 1982" in the second sentence and inserting in lieu thereof "May 20, 1983". (j) Section 1002(a) of such Act is amended by striking out "September 30, 1982" in the second sentence and inserting in lieu thereof "May 20, 1983". (k) Section 1101(a) of such Act is amended by striking out "September 30, 1982" in the second sentence and inserting in lieu thereof "May 20, 1983".

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1273

 PUBLIC LAW 97-289—OCT. 6. 1982

96 STAT. 1231

FLEXIBLE INTEREST RATE AUTHORITY

SEC. 2. Section 3(a)(1) of the Act entitled "An Act to amend chapter 37 of title 38 of the United States Code with respect to the 38 USC 1801 et veterans' home loan program, to amend the National Housing Act seq. with respect to interest rates on insured mortgages, and for other purposes", approved May 7, 1968 (12 U.S.C. 1709-1), is amended by Striking out "October 1, 1982" and inserting in lieu thereof "May 21, 1983". EXTENSION OF RURAL HOUSING AUTHORITIES

SEC. 3. (a) Section 515(b)(5) of the Housing Act of 1949 is amended 42 USC 1485. by striking out "September 30, 1982" and inserting in lieu thereof "May 20, 1983". (b) Section 517(a)(1) of such Act is amended by striking out "Sep- 42 USC 1487. tember 30, 1982" and inserting in lieu thereof "May 20, 1983". (c) Section 523(f) of such Act is amended by striking out "Septem- 42 USC 1490c. ber 30, 1982" each place it appears and inserting in lieu thereof "May 20, 1983". OTHER INSURANCE PROGRAMS

SEC. 4. (a) Section 1319 of the National Flood Insurance Act of 1968 is amended by striking out "September 30, 1982" and inserting 42 USC 4026. in lieu thereof "May 20, 1983". (b) Section 1336(a) of such Act is amended by striking out "Sep- 42 USC 4056. tember 30, 1982" and inserting in lieu thereof "May 20, 1983". (c) Section 1201(bKl) of the National Housing Act is amended by 12 USC 1749bbb. striking out "September 30, 1982" and inserting in lieu thereof "May 20, 1983". COMMUNITY DEVELOPMENT DEFINITIONS

SEC. 5. Section 102(a) of the Housing and Community Develop- 42 USC 5302. ment Act of 1974 is amended— (1) in paragraph (4), by striking out "under clause (B) of this paragraph shall continue to" and inserting in lieu thereof "under this paragraph because the population of such city exceeded fifty thousand shall"; (2) in paragraph (4), by striking out "1982" and inserting in lieu thereof "1983"; and (3) in the second sentence of paragraph (6)— (A) by striking out "for fiscal year 1982" the first place it appears and inserting in lieu thereof "before October 1, 1983,"; (B) by striking out "for fiscal year 1982" the second place it appears and inserting in lieu thereof "through September 30, 1983,"; and (C) by striking out "that fiscal year" and inserting in lieu thereof "through such date".

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1274

 96 STAT. 1232

PUBLIC LAW 97-289—OCT. 6, 1982 FEDERAL HOME LOAN MORTGAGE CORPORATION

12 USC 1455.

12 USC 1453.

SEC. 6. Section 306 of the Federal Home Loan Mortgage Corporation Act is amended by adding at the end thereof the following new subsection: "(f) The Corporation may have preferred stock on such terms and conditions as the Board of Directors shall prescribe. Any preferred stock shall not affect the status of the capital stock issued under section 304 as nonvoting common stock.". Approved October 6, 1982.

LEGISLATIVE HISTORY—H.J. Res. 612: CONGRESSIONAL RECORD, Vol. 128 (1982): Sept. 29, considered and passed House. Oct. 1, considered and passed Senate.

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1275

 PUBLIC LAW 97-290—OCT. 8, 1982

Public Law 97-290 97th Congress

96 STAT. 1233

An Act

To encourage exports by facilitating the formation and operation of export trading companies, export trade associations, and the expansion of export trade services generally.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I—GENERAL PROVISIONS SHORT TITLE

SEC. 101. This title may be cited as the "Export Trading Company Act of 1982".

Oct. 8, 1982 [S. 734]

Export trade services, expansion. Export Trading Company Act of 1982. 15 USC 4001 note.

FINDINGS; DECLARATION OF PURPOSE

SEC. 102. (a) The Congress finds that— (1) United States exports are responsible for creating ^nd maintaining one out of every nine manufacturing jobs in the United States and for generating one out of every seveta dollars of total United States goods produced; (2) the rapidly growing service-related industries are vital to the well-being of the United States economy inasmuch as they create jobs for seven out of every ten Americans, provide 65 per centum of the Nation's gross national product, and offer the greatest potential for significantly increased industrial trade involving finished products; (3) trade deficits contribute to the decline of the dollar on international currency markets and have an inflationary impact on the United States economy; (4) tens of thousands of small- and medium-sized United States businesses produce exportable goods or services but do not engage in exporting; (5) although the United States is the world's leading agricultural exporting nation, many farm products are not marketed as widely and effectively abroad as they could be through export trading companies; (6) export trade services in the United States are fragmented into a multitude of separate functions, and companies attempting to offer export trade services lack financial leverage to reach a significant number of potential United States exporters; (7) the United States needs well-developed export trade intermediaries which can achieve economies of scale and acquire expertise enabling them to export goods and services profitably, at low per unit cost to producers; (8) the development of export trading companies in the United States has been hampered by business attitudes and by Government regulations; (9) those activities of State and local governmental authorities which initiate, facilitate, or expand exports of goods and serv-

15 USC 4001.

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1276

 96 STAT. 1234

PUBLIC LAW 97-290—OCT. 8, 1982

ices can be an important source for expansion of total United States exports, as well as for experimentation in the development of innovative export programs keyed to local, State, and regional economic needs; (10) if United States trading companies are to be successful in promoting United States exports and in competing with foreign trading companies, they should be able to draw on the resources, expertise, and knowledge of the United States banking system, both in the United States and abroad; and (11) the Department of Commerce is responsible for the development and promotion of United States exports, and especially for facilitating the export of finished products by United States manufacturers. (b) It is the purpose of this Act to increase United States exports of products and services by encouraging more efficient provision of export trade services to United States producers and suppliers, in particular by establishing an office within the Department of Commerce to promote the formation of export trade associations and export trading companies, by permitting bank holding companies, 30 USC 181 note, bankers' banks, and Edge Act corporations and agreement corporations that are subsidiaries of bank holding companies to invest in export trading companies, by reducing restrictions on trade financing provided by financial institutions, and by modifying the application of the antitrust laws to certain export trade. DEFINITIONS

15 USC 4002.

SEC. 103. (a) For purposes of this title— (1) the term "export trade" means trade or commerce in goods or services produced in the United States which are exported, or in the course of being exported, from the United States to any other country; (2) the term "services" includes, but is not limited to, accounting, amusement, architectural, automatic data processing, business, communications, construction franchising and licensing, consulting, engineering, financial, insurance, legal, management, repair, tourism, training, and transportation services; (3) the term "export trade services" includes, but is not limited to, consulting, international market research, advertising, marketing, insurance, product research and design, legal assistance, transportation, including trade documentation and freight forwarding, communication and processing of foreign orders to and for exporters and foreign purchasers, warehousing, foreign exchange, financing, and taking title to goods, when provided in order to facilitate the export of goods or services produced in the United States; (4) the term "export trading company" means a person, partnership, association, or similar organization, whether operated for profit or as a nonprofit organization, which does business under the laws of the United States or any State and which is organized and operated principally for purposes of— (A) exporting goods or services produced in the United States; or (B) facilitating the exportation of goods or services produced in the United States by unaffiliated persons by providing one or more export trade services;

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1277

 PUBLIC LAW 97-290—OCT. 8, 1982

96 STAT. 1235

(5) the term "State" means any of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands; (6) the term "United States" means the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands; and (7) the term "antitrust laws" means the antitrust laws as defined in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)), section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent that section 5 applies to unfair methods of competition, and any State antitrust or unfair competition law. (b) The Secretary of Commerce may by regulation further define any term defined in subsection (a), in order to carry out this title. OFFICE OF EXPORT TRADE IN DEPARTMENT OF COMMERCE

SEC. 104. The Secretary of Commerce shall establish within the 15 USC 4003. Department of Commerce an office to promote and encourage to the greatest extent feasible the formation of export trade associations and export trading companies. Such office shall provide information and advice to interested persons and shall provide a referral service to facilitate contact between producers of exportable goods and services and firms offering export trade services. TITLE II—BANK EXPORT SERVICES

s?r"vies''Act

SHORT TITLE

SEC. 201. This title may be cited as the "Bank Export Services Act".

SEC. 202. The Congress hereby declares that it is the purpose of this title to provide for meaningful and effective participation by bank holding companies, bankers' banks, and Edge Act corporations, in the financing and development of export trading companies in the United States. In furtherance of such purpose, the Congress intends that, in implementing its authority under section 4(c)(14) of the Bank Holding Company Act of 1956, the Board of Governors of the Federal Reserve System should pursue regulatory policies that— (1) provide for the establishment of export trading companies with powers sufficiently broad to enable them to compete with similar foreign-owned institutions in the United States and abroad; (2) afford to United States commerce, industry, and agriculture, especially small- and medium-size firms, a means of exporting at all times; (3) foster the participation by regional and smaller banks in the development of export trading companies; and (4) facilitate the formation of joint venture export trading companies between bank holding companies and nonbank firms that provide for the efficient combination of complementary

12 USC 1841 note.

12 USC 1843 ^°^^30 USC 181 note.

Post, p. 1236. 12 USC 1843.

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1278

 96 STAT. 1236

PUBLIC LAW 97-290—OCT. 8, 1982 trade and financing services designed to create export trading companies that can handle all of an exporting company's needs. INVESTMENTS IN EXPORT TRADING COMPANIES

SEC, 203. Section 4(c) of the Bank Holding Company Act of 1956 (12 U.S.C. 1843(c)) is amended— (1) in paragraph (12XB), by striking out "or" at the end thereof; (2) in paragraph (13), by striking out the period at the end thereof and inserting in lieu thereof"; or"; and (3) by inserting after paragraph (13) the following: "(14) shares of any company which is an export trading company whose acquisition (including each acquisition of shares) or formation by a bank holding company has not been disapproved by the Board pursuant to this paragraph, except that such investments, whether direct or indirect, in such shares shall not exceed 5 per centum of the bank holding company's consolidated capital and surplus. "(A)(i) No bank holding company shall invest in an export trading company under this paragraph unless the Board has been given sixty days' prior written notice of such proposed investment and within such period has not issued a notice disapproving the proposed investment or extending for up to another thirty days the period during which such disapproval may be issued. "(ii) The period for disapproval may be extended for such additional thirty-day period only if the Board determines that a bank holding company proposing to invest in an export trading company has not furnished all the information required to be submitted or that in the Board's judgment any material information submitted is substantially inaccurate. "(iii) The notice required to be filed by a bank holding company shall contain such relevant information as the Board shall require by regulation or by specific request in connection with any particular notice. "(iv) The Board may disapprove any proposed investment only if— "(I) such disapproval is necessary to prevent unsafe or unsound banking practices, undue concentration of resources, decreeised or unfair competition, or conflicts of interest; "(II) the Board finds that such investment would affect the financial or managerial resources of a bank holding company to an extent which is likely to have a materially adverse effect on the safety and soundness of any subsidiary bank of such bank holding company, or "(III) the bank holding company fails to furnish the information required under clause (iii). "(v) Within three days after a decision to disapprove an investment, the Board shall notify the bank holding company in writing of the disapproval and shall provide a written statement of the basis for the disapproval. "(vi) A proposed investment may be made prior to the expiration of the disapproval period if the Board issues

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1279

 PUBLIC LAW 97-290—OCT. 8, 1982 written notice of its intent not to disapprove the investment. "(B)(i) The total amount of extensions of credit by a bank holding company which invests in an export trading company, when combined with all such extensions of credit by all the subsidiaries of such bank holding company, to an export trading company shall not exceed at any one time 10 per centum of the bank holding company's consolidated capital and surplus. For purposes of the preceding sentence, an extension of credit shall not be deemed to include any amount invested by a bank holding company in the shares of an export trading company. "(ii) No provision of any other Federal law in effect on October 1, 1982, relating specifically to collateral requirements shall apply with respect to any such extension of credit. "(iii) No bank holding company or subsidiary of such company which invests in an export trading company may extend credit to such export trading company or to customers of such export trading company on terms more favorable than those afforded similar borrowers in similar circumstances, and such extension of credit shall not involve more than the normal risk of repayment or present other unfavorable features. "(C) For purposes of this paragraph, an export trading company— "(i) may engage in or hold shares of a company engaged in the business of underwriting, selling, or distributing securities in the United States only to the extent that any bank holding company which invests in such export trading company may do so under applicable Federal and State banking laws and regulations; and "(ii) may not engage in agricultural production activities or in manufacturing, except for such incidental product modification including repackaging, reassembling or extracting bj^jroducts, as is necessary to enable United States goods or services to conform with requirements of a foreign country and to facilitate their sale in foreign countries. "(D) A bank holding company which invests in an export trading company may be required, by the Board, to terminate its investment or may be made subject to such limitations or conditions as may be imposed by the Board, if the Board determines that the export trading company has taken positions in commodities or commodity contracts, in securities, or in foreign exchange, other than as may be necessary in the course of the export trading company's business operations. "(E) Notwithstanding any other provision of law, an Edge Act corporation, organized under section 25(a) of the Federal Reserve Act (12 U.S.C. 611-631), which is a subsidiary of a bank holding company, or an agreement corporation, operating subject to section 25 of the Federal Reserve Act (12 U.S.C. 601-604(a)), which is a subsidiary of a bank holding company, may invest directly and indirectly in the aggregate up to 5 per centum of its consolidated capital and

96 STAT. 1237

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1280

 96 STAT. 1238

Definitions.

Report to congressional committees. 12 USC 1843 note.

PUBLIC LAW 97-290—OCT. 8, 1982

surplus (25 per centum in the case of a corporation not engaged in banking) in the voting stock of other evidences of ownership in one or more export trading companies. "(F) For purposes of this paragraph— "(i) the term 'export trading company' means a company which does business under the laws of the United States or any State, which is exclusively engaged in activities related to international trade, and which is organized and operated principally for purposes of exporting goods or services produced in the United States or for purposes of facilitating the exportation of goods or services produced in the United States by unaffiliated persons by providing one or more export trade services. "(ii) the term 'export trade services' includes, but is not limited to, consulting, international market research, advertising, marketing, insurance (other than acting as principal, agent or broker in the sale of insurance on risks resident or located, or activities performed, in the United States, except for insurance covering the transportation of cargo from any point of origin in the United States to a point of final destination outside the United.States), product research and design, legal assist£ince, transportation, including trade documentation and freight forwarding, communication and processing of foreign orders to and for exporters and foreign purchasers, warehousing, foreign exchange, financing, and taking title to goods, when provided in order to facilitate the export of goods or services produced in the United States; "(iii) the term 'bank holding company' shall include a bank which (I) is organized solely to do business with other banks and their officers, directors, or employees; (II) is owned primarily by the banks with which it does business; and (III) does not do business with the general public. No such other bank, owning stock in a bank described in this clause that invests in an export trading company, shall extend credit to an export trading company in an amount exceeding at any one time 10 per centum of such other bank's capital and surplus; and "(iv) the term 'extension of credit' shall have the same meaning given such term in the fourth paragraph of section 23A of the Federal Reserve Act.". SEC. 205. On or before two years after the date of the enactment of this Act, the Federal Reserve Board shall report to the Committee on Banking, Housing, an Urban Affairs of the Senate and the Committee on Banking, Finance and Urban Affairs of the House of Representatives the Board's recommendations with respect to the implementation of this section, the Board's recommendations on any changes in United States law to facilitate the financing of United States exports, especially by small, medium-size, and minority business concerns, and the Board's recommendations on the effects of ownership of United States banks by foreign banking organizations affiliated with trading companies doing business in the United States.

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1281

 PUBLIC LAW 97-290—OCT. 8, 1982

96 STAT. 1239

GUARANTEES FOR EXPORT ACCOUNTS RECEIVABLE AND INVENTORY

SEC. 206. The Export-Import Bank of the United States is author- 12 USC 635a-4. ized and directed to establish a program to provide guarantees for loans extended by financial institutions or other public or private creditors to export trading companies as defined in section 4(c)(14)(F)(i) of the Bank Holding Company Act of 1956, or to other Ante, p. 1236. exporters, when such loans are secured by export accounts receivable or inventories of exportable goods, and when in the judgment of the Board of Directors— (1) the private credit market is not providing adequate financing to enable otherwise creditworthy export trading companies or exporters to consummate export transactions; and (2) such guarantees would facilitate expansion of exports which would not otherwise occur. The Board of Directors shall attempt to insure that a major share of any loan guarantees ultimately serves to promote exports from small, medium-size, and minority businesses or agricultural concerns. Guarantees provided under the authority of this section shall be subject to limitations contained in annual appropriations Acts. BANKERS' ACCEPTANCES

SEC. 207. The seventh paragraph of section 13 of the Federal Reserve Act (12 U.S.C. 372) is amended to read as follows: 12 USC 372 note. "(7)(A) Any member bank and any Federal or State branch or agency of a foreign bank subject to reserve requirements under section 7 of the International Banking Act of 1978 (hereinafter in this paragraph referred to as 'institutions'), may accept drafts or bills of exchange drawn upon it having not more than six months' sight to run, exclusive of days of grace— "(i) which grow out of transactions involving the importation or exportation of goods; "(ii) which grow out of transactions involving the domestic shipment of goods; or "(iii) which are secured at the time of acceptance by a warehouse receipt or other such document conveying or securing title covering readily marketable staples. "(B) Except as provided in subparagraph (C), no institution shall accept such bills, or be obligated for a participation share in such bills, in an amount equal at any time in the aggregate to more than 150 per centum of its paid up and unimpaired capital stock and surplus or, in the case of a United States branch or agency of a foreign bank, its dollar equivalent as determined by the Board under subparagraph (H). "(C) The Board, under such conditions as it may prescribe, may authorize, by regulation or order, any institution to accept such bills, or be obligated for a participation share in such bills, in an amount not exceeding at any time in the aggregate 200 per centum of its paid up and unimpaired capital stock and surplus or, in the case of a United States branch or agency of a foreign bank, its dollar equivalent as determined by the Board under subparagraph (H). "(D) Notwithstanding subparagraphs (B) and (C), with respect to any institution, the aggregate acceptances, including obligations for a participation share in such acceptances, growing out of domestic transactions shall not exceed 50 per centum of the aggregate of all

97-200 O—84—pt. 1

41: QL3

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1282

 96 STAT. 1240

PUBLIC LAW 97-290—OCT. 8, 1982

acceptances, including obligations for a participation share in such acceptances, authorized for such institution under this paragraph. "(E) No institution shall accept bills, or be obligated for a participation share in such bills, whether in a foreign or domestic transaction, for any one person, partnership, corporation, association or other entity in an amount equal at any time in the aggregate to more than 10 per centum of its paid up and unimpaired capital stock and surplus, or, in the case of a United States branch or agency of a foreign bank, its dollar equivalent as determined by the Board under subparagraph (H), unless the institution is secured either by attached documents or by some other actual security growing out of the same transaction as the acceptance. "(F) With respect to an institution which issues an acceptance, the limitations contained in this paragraph shall not apply to that portion of an acceptance which is issued by such institution and which is covered by a participation agreement sold to another institution. "(G) In order to carry out the purposes of this paragraph, the Board may define any of the terms used in this paragraph, and, with respect to institutions which do not have capital or capital stock, the Board shall define an equivalent measure to which the limitations contained in this paragraph shall apply. "(H) Any limitation or restriction in this paragraph based on paidup and unimpaired capital stock and surplus of an institution shall be deemed to refer, with respect to a United States branch or agency of a foreign bank, to the dollar equivalent of the paid-up capital stock and surplus of the foreign bank, as determined by the Board, and if the foreign bank has more than one United States branch or agency, the business transacted by all such branches and agencies shall be aggregated in determining compliance with the limitation or restriction.". TITLE III—EXPORT TRADE CERTIFICATES OF REVIEW EXPORT TRADE PROMOTION DUTIES OF SECRETARY OF COMMERCE

15 USC 4011.

SEC. 301. To promote and encourage export trade, the Secretary may issue certificates of review and advise and assist any person with respect to applying for certificates of review. APPLICATION FOR ISSUANCE OF CERTIFICATE OF REVIEW

15 USC 4012.

Notice; F^derar^'^ "^ Register.

SEC. 302. (a) To apply for a certificate of review, a person shall submit to the Secretary a written application which— (1) specifies conduct limited to export trade, and (2) is in a form and contains any information, including information pertaining to the overall market in which the applicant operates, required by rule or regulation promulgated under section 310. (b)(1) Within ten days after an application submitted under subsection (a) is received by the Secretary, the Secretary shall publish ^^ the Federal Register a notice that announces that an application for a certificate of review has been submitted, identifies each person submitting the application, and describes the conduct for which the application is submitted.

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1283

 PUBLIC LAW 97-290—OCT. 8, 1982

96 STAT. 1241

(2) Not later than seven days after an application submitted under subsection (a) is received by the Secretary, the Secretary shall transmit to the Attorney General— (A) a copy of the application, (B) any information submitted to the Secretary in connection with the application, and (C) any other relevant information (as determined by the Secretary) in the possession of the Secretary, including information regarding the market share of the applicant in the line of commerce to which the conduct specified in the application relates. ISSUANCE OF CERTIFICATE

SEC. 303. (a) A certificate of review shall be issued to any applicant that establishes that its specified export trade, export trade activities, and methods of operation will— (1) result in neither a substantial lessening of competition or restraint of trade within the United States nor a substantial restraint of the export trade of any competitor of the applicant, (2) not unreasonably enhance, stabilize, or depress prices within the United States of the goods, wares, merchandise, or services of the class exported by the applicant, (3) not constitute unfair methods of competition against competitors engaged in the export of goods, wares, merchandise, or services of the class exported by the applicant, and (4) not include any act that may reasonably be expected to result in the sale for consumption or resale within the United States of the goods, wares, merchandise, or services exported by the applicant. (b) Within ninety days after the Secretary receives an application for a certificate of review, the Secretary shall determine whether the applicant's export trade, export trade activities, and methods of operation meet the standards of subsection (a). If the Secretary, with the concurrence of the Attorney General, determines that such standards are met, the Secretary shall issue to the applicant a certificate of review. The certificate of review shall specify— (1) the export trade, export trade activities, and methods of operation to which the certificate applies, (2) the person to whom the certificate of review is issued, and (3) any terms and conditions the Secretary or the Attorney General deems necessary to sissure compliance with the standards of subsection (a). (c) If the applicant indicates a special need for prompt disposition, the Secretary and the Attorney General may expedite action on the application, except that no certificate of review may be issued within thirty days of publication of notice in the Federal Register under section 3O20t)Xl). (d)(1) If the Secretary denies in whole or in part an application for a certificate, he shall notify the applicant of his determination and the reasons for it. (2) An applicant may, within thirty days of receipt of notification that the application has been denied in whole or in part, request the Secretary to reconsider the determination. The Secretary, with the concurrence of the Attorney General, shall notify the applicant of the determination upon reconsideration within thirty days of receipt of the request.

15 USC 4013.

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1284

 96 STAT. 1242

PUBLIC LAW 97-290—OCT. 8, 1982

(e) If the Secretary denies an application for the issuance of a certificate of review and thereafter receives from the applicant a request for the return of documents submitted by the applicant in connection with the application for the certificate, the Secretary and the Attorney General shall return to the applicant, not later than thirty days after receipt of the request, the documents and all copies of the documents available to the Secretary and the Attorney General, except to the extent that the information contained in a document has been made available to the public. (f) A certificate shall be void ab initio with respect to any export trade, export trade activities, or methods of operation for which a certificate was procured by fraud. REPORTING REQUIREMENT; AMENDMENT OF CERTIFICATE; REVOCATION OF CERTIFICATE

15 USC 4014.

Notice.

Investigations.

28 USC 1927.

SEC. 304. (a)(1) Any applicant who receives a certificate of review— (A) shall promptly report to the Secretary any change relevant to the matters specified in the certificate, and (B) may submit to the Secretary an application to amend the certificate to reflect the effect of the change on the conduct specified in the certificate. (2) An application for an amendment to a certificate of review shall be treated as an application for the issuance of a certificate. The effective date of an amendment shall be the date on which the application for the amendment is submitted to the Secretary. (b)(1) If the Secretary or the Attorney General has reason to believe that the export trade, export trade activities, or methods of operation of a person holding a certificate of review no longer comply with the standards of section 303(a), the Secretary shall request such information from such person as the Secretary or the Attorney General deems necessary to resolve the matter of compliance. Failure to comply with such request shall be grounds for revocation of the certificate under paragraph (2). (2) If the Secretary or the Attorney General determines that the export trade, export trade activities, or methods of operation of a person holding a certificate no longer comply with the standards of section 303(a), or that such person has failed to comply with a request made under paragraph (1), the Secretary shall give written notice of the determination to such person. The notice shall include a statement of the circumstances underlying, and the reasons in support of, the determination. In the 60-day period beginning 30 days after the notice is given, the Secretary shall revoke the certificate or modify it as the Secretary or the Attorney General deems necessary to cause the certificate to apply only to the export trade, export trade activities, or methods of operation which are in compliance with the standards of section 303(a). (3) For purposes of carrying out this subsection, the Attorney General, and the Assistant Attorney General in charge of the antitrust division of the Department of Justice, may conduct investigations in the same manner as the Attorney General and the Assistant Attorney General conduct investigations under section 3 of the Antitrust Civil Process Act, except that no civil investigative demand may be issued to a person to whom a certificate of review is issued if such person is the target of such investigation.

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1285

 PUBLIC LAW 97-290—OCT. 8, 1982

96 STAT. 1243

JUDICIAL R E VI E W; A D M I S S I B I L I T Y

SEC. 305. (a) If the Secretary grants or denies, in whole or in part, an application for a certificate of review or for an amendment to a certificate, or revokes or modifies a certificate pursuant to section 3040t)), any person aggrieved by such determination may, within 30 days of the determination, bring an action in any appropriate district court of the United States to set aside the determination on the ground that such determination is erroneous. (b) Except as provided in subsection (a), no action by the Secretary or the Attorney General pursuant to this title shall be subject to judicial review. (c) If the Secretary denies, in whole or in part, an application for a certificate of review or for an amendment to a certificate, or revokes or amends a certificate, neither the negative determination nor the statement of reasons therefor shall be admissible in evidence, in any administrative or judicial proceeding, in support of any claim under the antitrust laws.

15 USC 4015.

PROTECTION CONFERRED BY CERTIFICATE OF REVIEW

SEC. 306. (a) Except as provided in subsection (b), no criminal or civil action may be brought under the antitrust laws against a person to whom a certificate of review is issued which is based on conduct which is specified in, and complies with the terms of, a certificate issued under section 303 which certificate was in effect when the conduct occurred. OJXD Any person who has been injured as a result of conduct engaged in under a certificate of review may bring a civil action for injunctive relief, actual damages, the loss of interest on actual damages, and the cost of suit (including a reasonable attorney's fee) for the failure to comply with the standards of section 303(a). Any action commenced under this title shall proceed as if it were an action commenced under section 4 or section 16 of the Clayton Act, except that the standards of section 303(a) of this title and the remedies provided in this paragraph shall be the exclusive standards and remedies applicable to such action. (2) Any action brought under paragraph (1) shall be filed within two years of the date the plaintiff has notice of the failure to comply with the standards of section 303(a) but in any event within four years after the cause of action accrues. (3) In any action brought under paragraph (1), there shall be a presumption that conduct which is specified in and complies with a certificate of review does comply with the standards of section 303(a). (4) In any action brought under paragraph (1), if the court finds that the conduct does comply with the standards of section 303(a), the court shall award to the person against whom the claim is brought the cost of suit attributable to defending against the claim (including a reasonable attorney's fee). (5) The Attorney General may file suit pursuant to section 15 of the Clayton Act (15 U.S.C. 25) to enjoin conduct threatening clear and irreparable harm to the national interest.

15 USC 4016.

15 USC 15, 26.

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1286

 96 STAT. 1244

PUBLIC LAW 97-290—OCT. 8, 1982 GUIDEUNES

15 USC 4017.

SEC. 307. (a) To promote greater certainty regarding the application of the antitrust laws to export trade, the Secretary, with the concurrence of the Attorney General, may issue guidelines— (1) describing specific t3T)es of conduct with respect to which the Secretary, with the concurrence of the Attorney General, has made or would make, determinations under sections 303 and 304, and (2) summarizing the factual and legal bases in support of the determinations. (b) Section 553 of title 5, United States Code, shall not apply to the issuance of guidelines under subsection (a). ANNUAL REPORTS

15 USC 4018.

SEC. 308. Every person to whom a certificate of review is issued shall submit to the Secretary an annual report, in such form and at such time as the Secretary may require, that updates where necessary the information required by section 302(a). DISCLOSURE OF INFORMATION

15 USC 4019.

SEC. 309. (a) Information submitted by any person in connection with the issuance, amendment, or revocation of a certificate of review shall be exempt from disclosure under section 552 of title 5, United States Code. (b)(1) Except as provided in paragraph (2), no officer or employee of the United States shall disclose commercial or financial information submitted in connection with the issuance, amendment, or revocation of a certificate of review if the information is privileged or confidential and if disclosure of the information would cause harm to the person who submitted the information. (2) Paragraph (1) shall not apply with respect to information disclosed— (A) upon a request made by the Congress or any committee of the Congress, (B) in a judicial or administrative proceeding, subject to appropriate protective orders, (C) with the consent of the person who submitted the information, (D) in the course of making a determination with respect to the issuance, amendment, or revocation of a certificate of review, if the Secretary deems disclosure of the information to be necessary in connection with making the determination, (E) in accordance with any requirement imposed by a statute of the United States, or (F) in accordance with any rule or regulation promulgated under section 310 permitting the disclosure of the information to an agency of the United States or of a State on the condition that the agency will disclose the information only under the circumstances specified in subparagraphs (A) through (E).

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1287

 PUBLIC LAW 97-290—OCT. 8, 1982

96 STAT. 1245

RULES AND REGULATIONS

SEC. 310. The Secretary, with the concurrence of the Attorney 15 USC 4020. Gteneral, shall promulgate such rules and regulations as are necessary to CEirry out the purposes of this Act. DEFINITIONS

SEC. 311. As used in this title— 15 USC 4021. (1) the term "export trade" means trade or commerce in goods, wares, merchandise, or services exported, or in the course of being exported, from the United States or any territory thereof to any foreign nation, (2) the term "service" means intangible economic output, including, but not limited to— (A) business, repair, and amusement services, (B) management, legal, engineering, architectural, and other professional services, and (C) financial, insurance, transportation, informationsil and any other data-based services, and communication services, (3) the term "export trade activities" means activities or agreements in the course of export trade, (4) the term "methods of operation" means any method by which a person conducts or proposes to conduct export trade, (5) the term "person" means an individual who is a resident of the United States; a partnership that is created under and exists pursuant to the laws of any State or of the United States; a State or local government entity; a corporation, whether organized as a profit or nonprofit corporation, that is created under and exists pursuant to the laws of any State or of the United States; or any association or combination, by contract or other arrangement, between or among such persons, (6) the term "antitrust laws" means the antitrust laws, as such term is defined in the first section of the Clayton Act (15 U.S.C. 12), and section 5 of the Federal Trade Commission Act (15 U.S.C 45) (to the extent that section 5 prohibits unfair methods of competition), and any State antitn^st or unfair competition law, (7) the term "Secretary" nleans the Secretary of Commerce or his designee, and (8) the term "Attorney General" means the Attorney General of the United States or his designee. EFFECTIVE DATES

SEC. 312. (a) Except as provided in subsection (b), this title shall 15 USC 4011 take effect on the date of the enactment of this Act. "°*®(b) Section 302 and section 303 shall take effect 90 days after the effective date of the rules and regulations first promulgated under section 310.

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1288

 96 STAT. 1246 Foreign Trade Antitrust Improvements Act of 1982.

15 USC 1 note.

PUBLIC LAW 97-290—OCT. 8, 1982 TITLE IV—FOREIGN TRADE ANTITRUST IMPROVEMENTS SHORT TITLE

SEC. 401. This title may be cited as the "Foreign Trade Antitrust Improvements Act of 1982". AMENDMENT TO SHERMAN ACT

15 USC 6a.

SEC. 402. The Sherman Act (15 U.S.C. 1 et seq.) is amended by inserting after section 6 the following new section: "SEC. 7. This Act shall not apply to conduct involving trade or commerce (other than import t ^ e or import commerce) with foreign nations unless— "(1) such conduct has a direct, substantial, and reasonably foreseeable effect"(A) on trade or commerce which is not trade or commerce with foreign nations, or on import trade or import commerce with foreign nations; or "(B) on export trade or export commerce with foreign nations, of a person engaged in such trade or commerce in the United States; and "(2) such effect gives rise to a claim under the provisions of this Act, other than this section. If this Act applies to such conduct only because of the operation of paragraph (1)(B), then this Act shall apply to such conduct only for injury to export business in the United States.". AMENOBIENT TO FEDERAL TRADE COMMISSION ACT

SEC. 403. Section 5(a) of the Federal Trade Commission Act (15 U.S.C. 45(a)) is amended by adding at the end thereof the following new paragraph: "(3) This subsection shall not apply to unfair methods of competition involving commerce with foreign nations (other than import commerce) unless— "(A) such methods of competition have a direct, substantial, and reasonably foreseeable effect— "(i) on conmierce which is not commerce with foreign nations, or on import commerce with foreign nations; or "(ii) on export conmierce with foreign nations, of a person engaged in such commerce in the United States; and

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1289

 PUBLIC LAW 97-290—OCT. 8, 1982

96 STAT. 1247

"(B) such effect gives rise to a claim under the provisions of this subsection, other than this paragraph. If this subsection applies to such methods of competition only because of the operation of subparagraph (A)(ii), this subsection shall apply to such conduct only for injury to export business in the United States.". Approved October 8, 1982.

LEGISLATIVE HISTORY—S. 734 (H.R. 1799, H.R. 6016): HOUSE REPORTS: No. 97-924 (Coram, of Conference), No. 97-637, pt. 1 accompanying H.R. 1799 (Comm. on Foreign Affairs), pt. 2 (Coram, on the Judiciary) and No. 97-629 accorapanying H.R. 6016 (Comm. on Banking, Finance and Urban Affairs). SENATE REPORTS: No. 97-27 (Comra. on Banking, Housing and Urban Affairs) and No. 97-644 (Comra. of Conference). CONGRESSIONAL RECORD: Vol. 127 (1981): Apr. 7, 8, considered and passed Senate. Vol. 128 (1982): July 27, H.R. 1799 and H.R. 6016 considered and passed House; S. 734, amended, passed in lieu. Oct. 1, Senate and House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: Vol. 18, No. 41 (1982): Oct. 8, Presidential statement.

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1290

 96 STAT. 1248

PUBLIC LAW 97-291—OCT. 12, 1982

Public Law 97-291 97th Congress An Act Oct. 12, 1982 [S. 2420]

ipQ provide additional protections and assistance to victims and witnesses in Federal cases.

Be it enacted by the Senate and House of Representatives of the Victim and United States of America in Congress assembled, That this Act may SotTcfion Act of ^ ^^^^ ^ *^® "Victim and Witness Protection Act of 1982". 1982. 18 USC 1501 note.

18 USC 1512 ^°^-

FINDINGS AND PURPOSES

SEC. 2. (a) The Congress finds and declares that: (1) Without the cooperation of victims and witnesses, the criminal justice system would cease to function; yet with few exceptions these individuals are either ignored by the criminal justice system or simply used as tools to identify and punish offenders. (2) All too often the victim of a serious crime is forced to suffer physical, psychological, or financial hardship first as a result of the criminal act and then as a result of contact with a criminal justice system unresponsive to the real needs of such victim. (3) Although the majority of serious crimes falls under the jurisdiction of State and local law enforcement agencies, the Federal Government, and in particular the Attorney General, has an important leadership role to assume in ensuring that victims of crime, whether at the Federal, State, or local level, are given proper treatment by agencies administering the criminal justice system. (4) Under current law, law enforcement agencies must have cooperation from a victim of crime and yet neither the agencies nor the legal system can offer adequate protection or assistance when the victim, as a result of such cooperation, is threatened or intimidated. (5) While the defendant is provided with counsel who can explain both the criminal justice process and the rights of the defendant, the victim or witness has no counterpart and is usually not even notified when the defendant is released on bail, the case is dismissed, a plea to a lesser charge is accepted, or a court date is changed. (6) The victim and witness who cooperate with the prosecutor often find that the transportation, parking facilities, and child care services at the court are unsatisfactory and they must often share the pretrial waiting room with the defendant or his family and friends. (7) The victim may lose valuable property to a criminal only to lose it again for long periods of time to Federal law enforcement officials, until the trial and sometimes and appeals are over; many times that property is damaged or lost, which is particularly stressful for the elderly or poor. (b) The Congress declares that the purposes of this Act are—

�


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1291

 PUBLIC LAW 97-291—OCT. 12, 1982

96 STAT. 1249

(1) to enhance and protect the necessary role of crime victims and witnesses in the criminal justice process; (2) to ensure that the Federal Government does all that is possible within limits of available resources to assist victims and witnesses of crime without infringing on the constitutional rights of the defendant; and (3) to provide a model for legislation for State and local governments. VICTIM IMPACT STATEMENT

SEC. 3. Paragraph (2) of rule 32(c) of the Federal Rules of Criminal Procedure is amended to read as follows: "(2) REPORT.—The presentence report shall contain— "(A) any prior criminal record of the defendant; "(B) a statement of the circumstances of the commission of the offense and circumstances affecting the defendant's behavior; "(C) information concerning any harm, including financial, social, psychological, and physical harm, done to or loss suffered by any victim of the offense; and "(D) any other information that may aid the court in sentencing, including the restitution needs of any victim of the offense.".

18 USC app.

PROTECTION OF VICTIMS AND WITNESSES FROM INTIMIDATION

SEC. 4. (a) Chapter 73 of title 18 of the United States Code is amended by adding at the end the following new sections: "§ 1512. Tampering with a witness, victim, or an informant 18 USC 1512. "(a) Whoever knowingly uses intimidation or physical force, or threatens another person, or attempts to do so, or engages in misleading conduct toward another person, with intent to— "(1) influence the testimony of any person in an official proceeding; "(2) cause or induce any person to— "(A) withhold testimony, or withhold a record, document, or other object, from an official proceeding; "(B) alter, destroy, mutilate, or conceal an object with intent to impair the object's integrity or availability for use in an official proceeding; "(C) evade legal process summoning that person to appear as a witness, or to produce a record, document, or other object, in an official proceeding; or "(D) be absent from an official proceeding to which such person has been summoned by legal process; or "(3) hinder, delay, or prevent the communication to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, parole, or release pending judicial proceedings; shall be fined not more than $250,000 or imprisoned not more than Penalty. ten years, or both. "(b) Whoever intentionally harasses another person and thereby hinders, delays, prevents, or dissuades any person from— "(1) attending or testifying in an official proceeding;

�